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46 U.S.C. § 56301 — General authority
Federal law — U.S. Code and appendices · legal_authorities
During a national emergency declared by Presidential proclamation, or a period for which the President has proclaimed that the security of the national defense makes it advisable, the Secretary of Transportation may requisition or purchase, or requisition or charter the use of, a vessel owned by citizens of the United States, a documented vessel, or a vessel under construction in the United States.
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Source file: Laws/federal/codes/united-states-code/title-46/section-56301-general-authority--ca29c3b737.md
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Source location: Title 46, Chapter 563, § 56301; chapter-563-emergency-acquisition-of-vessels.md
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During a national emergency declared by Presidential proclamation, or a period for which the President has proclaimed that the security of the national defense makes it advisable, the Secretary of Transportation may requisition or purchase, or requisition or charter the use of, a vessel owned by citizens of the United States, a documented vessel, or a vessel under construction in the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency, as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim), as a result of the existence of any declaration of national emergency in effect on September 14, 1976, are terminated two years from September 14, 1976. Such termination shall not affect—
(1) any action taken or proceeding pending not finally concluded or determined on such date;
(2) any action or proceeding based on any act committed prior to such date; or
(3) any rights or duties that matured or penalties that were incurred prior to such date.
**(b)** For the purpose of this section, the words “any national emergency in effect” means a general declaration of emergency made by the President.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Bulk cargo.—** — The term “bulk cargo” means cargo that is loaded and carried in bulk without mark or count.
(2) **Contractor.—** — The term “contractor” means an owner or operator of a vessel that enters into an operating agreement for the vessel with the Secretary under section 53103.
(3) **Fleet.—** — The term “Fleet” means the Maritime Security Fleet established under section 53102(a).
(4) **Foreign commerce.—** — The term “foreign commerce” means—
(A) commerce or trade between the United States, its territories or possessions, or the District of Columbia, and a foreign country; and
(B) commerce or trade between foreign countries.
(5) **Participating fleet vessel.—** — The term “participating fleet vessel” means any vessel that—
(A) on October 1, 2015—
(i) meets the requirements of paragraph (1), (2), (3), or (4) of section 53102(c); and
(ii) is less than 20 years of age if the vessel is a tank vessel, or is less than 25 years of age for all other vessel types; and
(B) on December 31, 2014, is covered by an operating agreement under this chapter.
(6) **Person.—** — The term “person” includes corporations, partnerships, and associations existing under or authorized by the laws of the United States, or any State, Territory, District, or possession thereof, or of any foreign country.
(7) **Product tank vessel.—** — The term “product tank vessel” means a double hulled tank vessel capable of carrying simultaneously more than 2 separated grades of refined petroleum products.
(8) **Secretary.—** — The term “Secretary” means the Secretary of Transportation.
(9) **Tank vessel.—** — The term “tank vessel” has the meaning that term has under [section 2101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-
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Federal law — U.S. Code and appendices · legal_authorities
Page 500
TITLE 46—SHIPPING
§ 56103
1 So in original. Probably should be followed by a period.
In this section, the words ‘‘facility for building or re-
pairing vessels’’ are substituted for ‘‘shipyard, dry
dock, shipbuilding or ship-repairing plant or facility’’
(or similar language) to eliminate unnecessary words.
In subsection (a)(1), the words ‘‘transfer to’’ and ‘‘or
flag’’ are omitted as surplus. The words ‘‘Territory,
District, or possession thereof’’ are omitted as unneces-
sary because of the definition of ‘‘State’’ in chapter 1
of the revised title.
In subsection (a)(3), the words ‘‘instrument of indebt-
edness’’ are substituted for ‘‘bond, note, or other evi-
dence of indebtedness’’ to eliminate unnecessary words.
The words ‘‘right, title, or’’ are omitted as unneces-
sary.
In subsection (a)(5), the words ‘‘or the majority of the
voting power’’ are omitted as covered by ‘‘controlling
interest’’.
In subsection (b)(1), before subparagraph (A), the
words ‘‘and only if’’ are added for clarity because the
Secretary is required to disapprove a trustee that
ceases to meet the specified conditions.
Subsections (c) and (d) are substituted for the source
provisions to eliminate unnecessary words.
In subsection (e)(1), the words ‘‘guilty of a mis-
demeanor’’ are omitted, and the words ‘‘fined under
title 18’’ are substituted for ‘‘punishable by a fine of
not more than $5000’’, because of chapter 227 of title 18.
§ 56103. Conditional approvals
(a) IN GENERAL.—In approving an act or trans-
action under section 56101 or 56102 of this title,
the Secretary of Transportation may do so abso-
lutely or upon conditions the Secretary con-
siders advisable. The Secretary shall state the
conditions in the notice of approval.
(b) VIOLATIONS.—A violation of a
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