§ 606. — War powers of President.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC606]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5--WIRE OR RADIO COMMUNICATION
SUBCHAPTER VI--MISCELLANEOUS PROVISIONS
Sec. 606. War powers of President
(a) Priority communications
During the continuance of a war in which the United States is
engaged, the President is authorized, if he finds it necessary for the
national defense and security, to direct that such communications as in
his judgment may be essential to the national defense and security shall
have preference or priority with any carrier subject to this chapter. He
may give these directions at and for such times as he may determine, and
may modify, change, suspend, or annul them and for any such purpose he
is authorized to issue orders directly, or through such person or
persons as he designates for the purpose, or through the Commission. Any
carrier complying with any such order or direction for preference or
priority herein authorized shall be exempt from any and all provisions
in existing law imposing civil or criminal penalties, obligations, or
liabilities upon carriers by reason of giving preference or priority in
compliance with such order or direction.
(b) Obstruction of interstate or foreign communications
It shall be unlawful for any person during any war in which the
United States is engaged to knowingly or willfully, by physical force or
intimidation by threats of physical force, obstruct or retard or aid in
obstructing or retarding interstate or foreign communication by radio or
wire. The President is authorized, whenever in his judgment the public
interest requires, to employ the armed forces of the United States to
prevent any such obstruction or retardation of communication: Provided,
That nothing in this section shall be construed to repeal, modify, or
affect either section 17 of title 15 or section 52 of title 29.
(c) Suspension or amendment of rules and regulations applicable to
certain emission stations or devices
Upon proclamation by the President that there exists war or a threat
of war, or a state of public peril or disaster or other national
emergency, or in order to preserve the neutrality of the United States,
the President, if he deems it necessary in the interest of national
security or defense, may suspend or amend, for such time as he may see
fit, the rules and regulations applicable to any or all stations or
devices capable of emitting electromagnetic radiations within the
jurisdiction of the United States as prescribed by the Commission, and
may cause the closing of any station for radio communication, or any
device capable of emitting electromagnetic radiations between 10
kilocycles and 100,000 megacycles, which is suitable for use as a
navigational aid beyond five miles, and the removal therefrom of its
apparatus and equipment, or he may authorize the use or control of any
such station or device and/or its apparatus and equipment, by any
department of the Government under such regulations as he may prescribe
upon just compensation to the owners. The authority granted to the
President, under this subsection, to cause the closing of any station or
device and the removal therefrom of its apparatus and equipment, or to
authorize the use or control of any station or device and/or its
apparatus and equipment, may be exercised in the Canal Zone.
(d) Suspension or amendment of rules and regulations applicable to wire
communications; closing of facilities; Government use of
facilities
Upon proclamation by the President that there exists a state or
threat of war involving the United States, the President, if he deems it
necessary in the interest of the national security and defense, may,
during a period ending not later than six months after the termination
of such state or threat of war and not later than such earlier date as
the Congress by concurrent resolution may designate, (1) suspend or
amend the rules and regulations applicable to any or all facilities or
stations for wire communication within the jurisdiction of the United
States as prescribed by the Commission, (2) cause the closing of any
facility or station for wire communication and the removal therefrom of
its apparatus and equipment, or (3) authorize the use or control of any
such facility or station and its apparatus and equipment by any
department of the Government under such regulations as he may prescribe,
upon just compensation to the owners.
(e) Compensation
The President shall ascertain the just compensation for such use or
control and certify the amount ascertained to Congress for appropriation
and payment to the person entitled thereto. If the amount so certified
is unsatisfactory to the person entitled thereto, such person shall be
paid only 75 per centum of the amount and shall be entitled to sue the
United States to recover such further sum as added to such payment of 75
per centum will make such amount as will be just compensation for the
use and control. Such suit shall be brought in the manner provided by
section 1346 or section 1491 of title 28.
(f) Affect on State laws and powers
Nothing in subsection (c) or (d) of this section shall be construed
to amend, repeal, impair, or affect existing laws or powers of the
States in relation to taxation or the lawful police regulations of the
several States, except wherein such laws, powers, or regulations may
affect the transmission of Government communications, or the issue of
stocks and bonds by any communication system or systems.
(g) Limitations upon Presidential power
Nothing in subsection (c) or (d) of this section shall be construed
to authorize the President to make any amendment to the rules and
regulations of the Commission which the Commission would not be
authorized by law to make; and nothing in subsection (d) of this section
shall be construed to authorize the President to take any action the
force and effect of which shall continue beyond the date after which
taking of such action would not have been authorized.
(h) Penalties
Any person who willfully does or causes or suffers to be done any
act prohibited pursuant to the exercise of the President's authority
under this section, or who willfully fails to do any act which he is
required to do pursuant to the exercise of the President's authority
under this section, or who willfully causes or suffers such failure,
shall, upon conviction thereof, be punished for such offense by a fine
of not more than $1,000 or by imprisonment for not more than one year,
or both, and, if a firm, partnership, association, or corporation, by
fine of not more than $5,000, except that any person who commits such an
offense with intent to injure the United States, or with intent to
secure an advantage to any foreign nation, shall, upon conviction
thereof, be punished by a fine of not more than $20,000 or by
imprisonment for not more than 20 years, or both.
(June 19, 1934, ch. 652, title VII, Sec. 706, formerly title VI,
Sec. 606, 48 Stat. 1104; Jan. 26, 1942, ch. 18, Secs. 1, 2, 56 Stat. 18;
Dec. 29, 1942, ch. 836, 56 Stat. 1096; July 25, 1947, ch. 327, Sec. 1,
61 Stat. 449; Oct. 24, 1951, ch. 553, Secs. 1, 2, 65 Stat. 611;
renumbered title VII, Sec. 706, Pub. L. 98-549, Sec. 6(a), Oct. 30,
1984, 98 Stat. 2804.)
References in Text
For definition of Canal Zone, referred to in subsec. (c), see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
Codification
In subsec. (e), ``section 1346 or section 1491 of title 28''
substituted for ``paragraph 20 of section 24 or by section 145, of the
Judicial Code, as amended'' (which were classified to sections 41(20)
and 250 of former Title 28, Judicial Code and Judiciary) on authority of
act June 25, 1948, ch. 646, 62 Stat. 869, the first section of which
enacted Title 28, Judiciary and Judicial Procedure. Section 1346 of
Title 28 sets forth the basic jurisdiction of the district courts in
cases in which the United States is defendant. Section 1491 of Title 28
sets forth the basic jurisdiction of the United States Court of Claims.
Sections 24(20) and 145 of the Judicial Code were also classified to
sections 1496, 1501, 1503, 2401, 2402, and 2501 of Title 28.
Amendments
1951--Subsec. (c). Act Oct. 24, 1951, Sec. 1, clarified scope of
President's powers to use, control, and close radio facilities of all
kinds which might be useful to an enemy for navigational purposes.
Subsec. (h). Act Oct. 24, 1951, Sec. 2, added subsec. (h).
1947--Subsec. (h). Act July 25, 1947, struck out subsec. (h) which
related to modification of certain sections of this title until six
months after termination of World War II for the protection of vessels
in wartime.
1942--Subsecs. (d), (e). Act Jan. 26, 1942, Sec. 1, added subsec.
(d) and redesignated former subsec. (d) as (e).
Subsecs. (f), (g). Act Jan. 26, 1942, Sec. 2, added subsecs. (f) and
(g).
Subsec. (h). Act Dec. 29, 1942, added subsec. (h).
Termination of War and Emergencies
Act July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided that in
the interpretation of this section, the date July 25, 1947, shall be
deemed to be the date of termination of any state of war theretofore
declared by Congress and of the national emergencies proclaimed by the
President on Sept. 8, 1939, and May 27, 1941.
Executive Order No. 8964
Ex. Ord. No. 8964, eff. Dec. 10, 1941, 6 F.R. 6367, relating to the
use and control of radio stations and preference or priority of
communications was revoked by Ex. Ord. No. 9831, eff. Feb. 24, 1947, 12
F.R. 1363.
Ex. Ord. No. 9831. Board of War Communications Abolished
Ex. Ord. No. 9831, eff. Feb. 24, 1947, 12 F.R. 1363, provided:
By virtue of the authority vested in me by the Constitution and
statutes, including the Communications Act of 1934 (48 Stat. 1104, as
amended; 47 U.S.C. 606) and as President of the United States, and in
the interest of the internal management of the Government, it is hereby
ordered as follows:
1. The Board of War Communications, established as the Defense
Communications Board by Executive Order No. 8546 of September 24, 1940,
is abolished, and all property and records thereof are transferred to
the Federal Communications Commission.
2. Executive Orders Nos. 8546 of September 24, 1940, 8960 of
December 6, 1941, 8964 of December 10, 1941, 9089 of March 6, 1942, and
9183 of June 15, 1942, are revoked.
Harry S Truman.
Executive Order No. 10312
Ex. Ord. No. 10312, eff. Dec. 10, 1951, 16 F.R. 12452, as amended by
Ex. Ord. No. 10438, eff. Mar. 13, 1953, 18 F.R. 1491; Ex. Ord. No.
10773, eff. July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, eff. Sept.
6, 1958, 23 F.R. 6971; Ex. Ord. No. 11051, eff. Sept. 27, 1962, 27 F.R.
9683, relating to delegation of authority to the Federal Communications
Commission was revoked by Ex. Ord. No. 11490, eff. Oct. 28, 1969, 34
F.R. 17567.
Executive Order No. 10705
Ex. Ord. No. 10705, Apr. 17, 1957, 22 F.R. 2729, as amended by Ex.
Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 6,
1958, 23 F.R. 6971; Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683;
Ex. Ord. No. 11556, Sept. 4, 1970, 35 F.R. 14193, which related to the
delegation of authority to the Director of the Office of
Telecommunications Policy, was revoked by Ex. Ord. No. 12046, Mar. 27,
1978, 43 F.R. 13349, set out as a note under section 305 of this title.
Section Referred to in Other Sections
This section is referred to in sections 309, 926 of this title;
title 18 section 2511.
