22 U.S.C. § 1971 — ‘‘Vessel of the United States’’ defined

Page 487 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1971 1 See References in Text note below. ‘‘(c) STRATEGY REQUIRED.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense, in consultation with the Sec- retary of State, shall submit to the appropriate com- mittees of Congress a report that sets forth the strat- egy of the Department of Defense for achieving the objectives described in subsection (b). ‘‘(2) ELEMENTS OF STRATEGY.—The strategy required by paragraph (1) shall include the following: ‘‘(A) A description of the national security inter- ests and objectives of the United States furthered by the Mutual Defense Treaty. ‘‘(B) A description of the regional security envi- ronment, including— ‘‘(i) an assessment of threats to both the United States and the Republic of the Philippines na- tional security interests in the region and the role of the Department in addressing such threats; ‘‘(ii) a description of the strategic security chal- lenges that are detrimental to regional peace and global stability, including challenges posed by the People’s Republic of China, violent extremist organizations, and natural disasters; and ‘‘(iii) a description of each violent extremist or- ganization that presents a threat to the Republic of the Philippines, including, with respect to each such organization— ‘‘(I) the primary objectives of the organiza- tion; ‘‘(II) an assessment of— ‘‘(aa) the capacity and capability of the or- ganization; ‘‘(bb) the transnational threat posed by the organization; ‘‘(cc) recent trends in the capability and in- fluence of the organization; ‘‘(dd) the potential for the organization to reconstitute, expand, or otherwise pose a sig- nificant transnational threat; and ‘‘(ee) the conditions that contribute to ef- forts of the organization to reconstitute, ex- pand, or pose such a threat; and ‘‘(III) a description of the metrics used to as- sess the capability and influence of the organi- zation. ‘‘(C) A description of Department objectives with the Republic of the Philippines, including— ‘‘(i) the benchmarks for assessing progress to- wards such objectives; and ‘‘(ii) the Department strategy to achieve such objectives, including through— ‘‘(I) defense cooperation; ‘‘(II) use of security cooperation authorities; and ‘‘(III) other support or activities in the Re- public of the Philippines. ‘‘(D) An identification of all current and planned Department resources, programs, and activities to support the strategy required by paragraph (1), in- cluding a review of the necessity of an ongoing named operation and the criteria used to determine such necessity. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘appropriate committees of Congress’ means— ‘‘(A) the congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives]; and ‘‘(B) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. ‘‘(2) MUTUAL DEFENSE TREATY.—The term ‘Mutual Defense Treaty’ means the Mutual Defense Treaty be- tween the Republic of the Philippines and the United States of America, done at Washington August 30, 1951.’’ FREEDOM OF NAVIGATION AND OVERFLIGHT; PROMOTION OF INTERNATIONAL LAW Pub. L. 115–409, title II, § 213, Dec. 31, 2018, 132 Stat. 5401, provided that: ‘‘(a) FREEDOM OF NAVIGATION.—It is the policy of the United States— ‘‘(1) to conduct, as part of its global Freedom of Navigation Program, regular freedom of navigation, and overflight operations in the Indo-Pacific region, in accordance with applicable international law; and ‘‘(2) to promote genuine multilateral negotiations to peacefully resolve maritime disputes in the South China Sea, in accordance with applicable inter- national law. ‘‘(b) JOINT INDO-PACIFIC DIPLOMATIC STRATEGY.—It is the sense of Congress that the President should develop a diplomatic strategy that includes working with United States allies and partners to conduct joint mar- itime training and freedom of navigation operations in the Indo-Pacific region, including the East China Sea and the South China Sea, in support of a rules-based international system benefitting all countries.’’ [Nothing in section 213 of Pub. L. 115–409, set out above, to be construed as authorizing the use of mili- tary force, see section 412 of Pub. L. 115–409, set out as a note under section 2656 of this title.] § 1971. ‘‘Vessel of the United States’’ defined For the purposes of this chapter the term ‘‘vessel of the United States’’ shall mean any private vessel documented or certificated under the laws of the United States. Notwithstanding any other law, the documentation or certifi- cation of any such vessel shall not be considered to be affected, for the purposes of this chapter, in any manner or to any extent if at any time during any voyage for the purpose of fishing be- yond the fishery conservation zone (as defined in section 1802(8) 1 of title 16), the vessel is com- manded by other than a citizen of the United States. (Aug. 27, 1954, ch. 1018, § 1, 68 Stat. 883; Pub. L. 95–541, § 14(a), Oct. 28, 1978, 92 Stat. 2057; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.) Editorial Notes REFERENCES IN TEXT Section 1802(8) of title 16, referred to in text, which defined ‘‘fishery conservation zone’’, was repealed and section 1802(6) of Title 16, Conservation, defining the term ‘‘exclusive economic zone’’, was added by Pub. L. 99–659, title I, § 101(a), Nov. 14, 1986, 100 Stat. 3706. Sec- tion 1802 was subsequently amended and the term ‘‘ex- clusive economic zone’’ is defined elsewhere in that sec- tion. AMENDMENTS 1996—Pub. L. 104–208 made technical amendment to reference in original act which appears in text as ref- erence to section 1802(8) of title 16. 1980—Pub. L. 96–561 made technical amendment to reference in original act which appears in text as ref- erence to section 1802(8) of title 16. 1978—Pub. L. 95–541 provided that the documentation or certification of a vessel of the United States not be affected if at any time during the voyage for the pur- pose of fishing beyond the fishery conservation zone, the vessel is commanded by other than a citizen of the United States. Page 488 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1972 1 So in original. Probably should be followed by ‘‘or’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996. EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided that the amendment made by that sec- tion is effective 15 days after Dec. 22, 1980. EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–541, § 14(b), Oct. 28, 1978, 92 Stat. 2057, pro- vided that the amendment made by section 14(a) of Pub. L. 95–541, amending this section, was to take ef- fect Jan. 1, 1978, prior to the general amendment by Pub. L. 104–227, title I, § 107, Oct. 2, 1996, 110 Stat. 3042. SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–450, title I, § 101, Nov. 7, 2000, 114 Stat. 1941, provided that: ‘‘This title [amending section 1977 of this title] may be cited as the ‘Fishermen’s Protec- tive Act Amendments of 2000’.’’ SHORT TITLE Pub. L. 90–482, § 4, Aug. 12, 1968, 82 Stat. 730, provided that: ‘‘The Act of August 27, 1954 (68 Stat. 883; 22 U.S.C. 1971–1976), as amended by this Act [this chapter], may be cited as the ‘Fishermen’s Protective Act of 1967’.’’ § 1972. Action by Secretary of State upon seizure of vessel by foreign country; preconditions If— (1) any vessel of the United States is seized by a foreign country on the basis of claims to jurisdiction that are not recognized by the United States, or on the basis of claims to ju- risdiction recognized by the United States but exercised in a manner inconsistent with inter- national law as recognized by the United States; 1 (2) any general claim of any foreign country to exclusive fishery management authority is recognized by the United States, and any ves- sel of the United States is seized by such for- eign country on the basis of conditions and re- strictions under such claim, if such conditions and restrictions— (A) are unrelated to fishery conservation and management, (B) fail to consider and take into account traditional fishing practices of vessels of the United States, (C) are greater or more onerous than the conditions and restrictions which the United States applies to foreign fishing vessels sub- ject to the exclusive fishery management authority of the United States (as estab- lished in title I of the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1811 et seq.]), or (D) fail to allow fishing vessels of the United States equitable access to fish sub- ject to such country’s exclusive fishery man- agement authority; the Secretary of State, unless there is clear and convincing credible evidence that the seizure did not meet the requirements under paragraph (1) or (2), as the case may be, shall immediately take such steps as are necessary— (i) for the protection of such vessel and for the health and welfare of its crew; (ii) to secure the release of such vessel and its crew; and (iii) to determine the amount of any fine, li- cense, fee, registration fee, or other direct charge reimbursable under section 1973(a) of this title. (Aug. 27, 1954, ch. 1018, § 2, 68 Stat. 883; Pub. L. 92–569, § 1, Oct. 26, 1972, 86 Stat. 1182; Pub. L. 94–265, title IV, § 403(a)(1), Apr. 13, 1976, 90 Stat. 360; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 98–364, title III, § 303(a), July 17, 1984, 98 Stat. 444; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.) Editorial Notes REFERENCES IN TEXT The Magnuson-Stevens Fishery Conservation and Management Act, referred to in par. (2)(C), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331. Title I of the Act is classified generally to subchapter II (§ 1811 et seq.) of chapter 38 of Title 16, Conservation. For complete clas- sification of this Act to the Code, see Short Title note set out under section 1801 of Title 16 and Tables. AMENDMENTS 1996—Par. (2)(C). Pub. L. 104–208 substituted ‘‘Magnu- son-Stevens Fishery’’ for ‘‘Magnuson Fishery’’. 1984—Pub. L. 98–364, in par. (1), substituted ‘‘any ves- sel of the United States is seized by a foreign country on the basis of claims to jurisdiction that are not rec- ognized by the United States, or on the basis of claims to jurisdiction recognized by the United States but ex- ercised in a manner inconsistent with international law as recognized by the United States;’’ for ‘‘any vessel of the United States is seized by a foreign country on the basis of claims in territorial waters or the high seas which are not recognized by the United States; or’’, and in provisions following par. (2)(D), substituted ‘‘the Secretary of State, unless there is clear and convincing credible evidence that the seizure did not meet the re- quirements under paragraph (1) or (2), as the case may be, shall immediately take such steps as are necessary’’ for ‘‘and there is no dispute as to the material facts with respect to the location or activity of such vessel at the time of such seizure, the Secretary of State shall immediately take such steps as are necessary’’. 1980—Par. (2)(C). Pub. L. 96–561 substituted ‘‘Magnu- son Fishery Conservation and Management Act’’ for ‘‘Fishery Conservation and Management Act of 1976’’. 1976—Pub. L. 94–265 redesignated existing subsecs. (a) and (b) as pars. (1) and (2), respectively, and, in par. (1) struck out reference to rights in territorial waters, and in par. (2) substituted provisions relating to any gen- eral claim of any foreign country, conditions, and re- strictions of seizure, lack of dispute as to material facts, and steps authorized for Secretary of State upon seizure, for provisions relating to lack of dispute as to material facts and actions authorized for Secretary of State upon seizure. 1972—Subsec. (b). Pub. L. 92–569 required the Sec- retary of State to take appropriate action to imme- diately ascertain the fees, fines, and other direct charges paid by a United States vessel owner to the seizing foreign country for the release of the vessel and its crew. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided