53 .A7 CONTENTS Sharp, Rear Admiral Alexander, accompanied by Capt. M. P. Refo.. Sharp, Rear Admiral Alexander, accompanied by Commander Hiester Cronmiller, Maj. LePage, Jr., accompanied by Charles A. Ketcham and III MISCELLANEOUS BILLS TUESDAY, OCTOBER 14, 1941 UNITED STATES SENATE, Washington, D. C. The committee met, pursuant to call, at 10:30 a. m., in room 212, Senate Office Building, Senator David I. Walsh (chairman), presiding. Present: Senators Walsh (chairman), Gillette, and Brewster. H. R. 5463, DOCKET NO. 171, AND S. 1795, DOCKET No. 156 The CHAIRMAN. The committee will come to order, please. The first bill the committee will consider this morning is Docket No. 171, and also Docket No. 156. They relate to the same subject, do they? Commander SAUNDERS. Yes, sir; Docket No. 171 is the House bill. The CHAIRMAN. The House bill is H. R. 5463, a bill "To provide for the security of United States naval vessels, and for other purposes." (H. R. 5463 and S. 1795 are as follows:). [S. 1795, 77th Cong., 1st sess., Docket No. 156] A BILL To provide for the security of United States naval vessels, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in addition to those duties now imposed by law on the Coast Guard by virtue of the Acts of March 4, 1915 (38 Stat. 1053; 33 U. S. C. 471), June 15, 1917 (40 Stat. 220; 50 U. S. C. 191), and June 22, 1936 (49 Stat. 1820; U. S. C., Supp. V, title 14, sec. 45), it shall be the duty of the captain of the port, Coast Guard district commander, or other officer of the Coast Guard designated by the Commandant thereof, or the Governor of the Panama Canal in the case of the territory and waters of the Canal Zone, to so control the anchorage and movement of any vessel, foreign or domestic, in the teritorial waters of the United States, as to insure the safety or security of such United States naval vessels as may be present in his jurisdiction: Provided, That in territorial waters of the United States where immediate action is required, or where representatives of the Coast Guard are not present, or not present in sufficient force to exercise effective control of shipping as provided herein, the senior naval officer present in command of any naval force may control the anchorage or movement of any vessel, foreign or domestic, to the extent deemed necessary to insure the safety and security of his command. SEC. 2. When the Coast Guard operates as a part of the Navy pursuant to section 1 of the Act of January 28, 1915 (38 Stat. 800; U. S. C., title 14, sec. 1), the powers conferred on the Secretary of the Treasury by section 1, title II, of the Act of June 15, 1917 (40 Stat. 220; U. S. C., title 50, sec. 191), shall vest in and be exercised by the Secretary of the Navy. SEC. 3. Section 2, title II, Act of June 15, 1917 (40 Stat. 220; U. S. C., title 50, sec. 192), is hereby amended by striking therefrom the words "by the Secretary of the Treasury or the Governor of the Panama Canal." SEC. 4. Except as provided in section 22, nothing in this Act shall be construed as affecting the authority conferred upon the Governor of the Panama Canal by the second paragraph of section 1, title II, Act of June 15, 1917 (40 Stat. 220; U. S. C., title 50, sec. 191). 1 [H. R. 5463, 77th Cong., 1st sess., Docket No. 171] AN ACT Providing for the security of United States naval vessels, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in addition to those duties now imposed by law on the Coast Guard by virtue of the Acts of March 4, 1915 (38 Stat. 1053; 33 U. S. C. 471), June 15, 1917 (40 Stat. 220; 50 U. S. C. 191), and June 22, 1936 (49 Stat. 1820; U. S. C., Supp. V, title 14, sec. 45), it shall be the duty of the captain of the port, Coast Guard district commander, or other officer of the Coast Guard designated by the Commandant thereof, or the Governor of the Panama Canal in the case of the territory and waters of the Canal Zone, to so control the anchorage and movement of any vessel, foreign or domestic, in the territorial waters of the United States, as to insure the safety or security of such United States naval vessels as may be present in his jurisdiction: Provided, That in territorial waters of the United States where immediate action is required, or where representatives of the Coast Guard are not present, or not present in sufficient force to exercise effective control of shipping as provided herein, the senior naval officer present in command of any naval force may control the anchorage or movement of any vessel, foreign or domestic, to the extent deemed necessary to insure the safety and security of his command. SEC. 2. When the Coast Guard operates as a part of the Navy pursuant to section 1 of the Act of January 28, 1915 (38 Stat. 800; U. S. C., title 14, sec. 1), as amended, the powers conferred on the Secretary of the Treasury by section 1, title II, of the Act of June 15, 1917 (40 Stat. 220; U. S. C., title 50, sec. 191), shall vest in and be exercised by the Secretary of the Navy. SEC. 3. Section 2, title II, Act of June 15, 1917 (40 Stat. 220; U. S. C., title 50, sec. 192), is hereby amended by striking therefrom the words "by the Secretary of the Treasury or the Governor of the Panama Canal". SEC. 4. Except as provided in section 2, nothing in this Act shall be construed as affecting the authority conferred upon the Governor of the Panama Canal by the second paragraph of section 1, title II, Act of June 15, 1917 (40 Stat. 220; U. S. C., title 50, sec. 191). The CHAIRMAN. Who is here representing the Navy Department? Admiral SHARP. Rear Admiral Alexander Sharp, of the Office of the Chief of Naval Operations, and Capt. M. P. Refo, Sr. The CHAIRMAN. Admiral Sharp, have you a statement to make in reference to this bill? Admiral SHARP. Yes, sir. STATEMENT OF REAR ADMIRAL ALEXANDER SHARP, OFFICE OF THE CHIEF OF NAVAL OPERATIONS, UNITED STATES NAVY, ACCOMPANIED BY CAPT. M. P. REFO, UNITED STATES NAVY Admiral SHARP. The purposes of the proposed bill are to give legal authority to the Coast Guard to control foreign or domestic merchant shipping in the interest of the safety or security of United States naval vessels. Such legal authority does not now exist. A further purpose of the proposed legislation is to provide legal authority to a naval commander to control the movement and anchorage of merchant shipping in an emergency situation or where no Coast Guard forces are present, or present in sufficient force, in the interest of security of the vessels of his command. A further purpose of the proposed bill is to vest in the Secretary of the Navy, powers now vested in the Secretary of the Treasury for control of shipping and harbors at such times as the Coast Guard operates as a part of the Navy. Section 3 of the proposed bill eliminates certain phraseology in the interest of stating the powers included in section 192 (title 50, U. S. C.) in a broader wording. The CHAIRMAN. Now, in substance, this bill seeks to so modify the laws giving authority to the Commandant of the Coast Guard, to permit the Secretary of the Navy and the Navy to have the same powers at this time, and in time of war, when the Coast Guard is taken over by the Navy? Admiral SHARP. That is correct, sir. The CHAIRMAN. That is right? Admiral SHARP. Yes. The CHAIRMAN. In other words, while the Navy has authority to take over the Coast Guard, as it has already done, there are certain laws on the statute books which define the duties and powers of the Coast Guard which the Navy does not have? Admiral SHARP. The powers of the Secretary of the Treasury. The CHAIRMAN. Yes; which the Secretary of the Navy does not have. Admiral SHARP. Yes. The CHAIRMAN. And when he takes over the Coast Guard, that is so? Admiral SHARP. That is correct. The CHAIRMAN. Are there any other questions? Senator BREWSTER. Where will the jurisdiction be, in the operation in a harbor, as between the local authorities and the Navy? Will there be a conflict there? Captain REFO. There will be no more conflict than presently exists by reason of the Coast Guard exercising that authority at the present time. Senator BREWSTER. That is, you don't create any new authority, you simply vest it in the Navy? Captain REFO. Yes. Senator BREWSTER. You will exercise the same authority that the Coast Guard now has? Captain REFO. That is right. Senator BREWSTER. I have observed the movements of the Navy along our New England Coast_where there is considerable activity, coming in and in flying over. To what extent would it be necessary, do you contemplate, to exercise this authority in controlling the movement of other vessels? Would it mean to a substantial extent, do you anticipate? Captain REFO. Only such regulation, within territorial waters, that is calculated to increase the security of the shipping itself. Senator BREWSTER. And is it a matter that you would ordinarily discuss with the local authorities? Captain REFO. We would seek their full cooperation consistently. Senator BREWSTER. So that as far as possible, you would adjust the situation to whatever they might feel was desirable for their local traffic, and so on? Captain REFO. Yes, sir. The CHAIRMAN. Is there any new power granted to anybody in this bill that is not now existent in the Coast Guard or Navy? Admiral SHARP. No, sir. The CHAIRMAN. There is no authority granted by this bill that the Secretary of the Navy could exercise that cannot now be performed by some other authority of the Government, and particularly the Coast Guard? |