46 U.S.C. § 56311 — Requisitioned vessels

Page 504 TITLE 46—SHIPPING § 56310 1 So in original. 1 So in original. The word ‘‘the’’ probably should not appear. 2 So in original. Probably should be followed by a comma. § 56310. Voluntary purchase or charter agree- ments During any period in which vessels may be requisitioned under this chapter as amended,1 the President is authorized through the Sec- retary of Transportation to acquire by vol- untary agreement of purchase or charter the ownership or use of any merchant vessel not owned by citizens of the United States. (Added and amended Pub. L. 115–91, div. C, title XXXV, § 3504(b), Dec. 12, 2017, 131 Stat. 1912.) Editorial Notes CODIFICATION Section, as added and amended by section 3504(b) of Pub. L. 115–91, is based on act Aug. 9, 1954, ch. 659, § 2, 68 Stat. 675; Pub. L. 97–31, § 12(152), Aug. 6, 1981, 95 Stat. 167, which was formerly classified to section 197 of Title 50, War and National Defense, before being transferred to this chapter and renumbered as this section. AMENDMENTS 2017—Pub. L. 115–91, § 3504(b)(2), inserted section enu- merator and catchline and, in text, substituted ‘‘this chapter’’ for ‘‘section 902 of the Merchant Marine Act, 1936,’’. Pub. L. 115–91, § 3504(b)(1), transferred section 2 of act Aug. 9, 1954, to this chapter and renumbered it as this section. See Codification note above. § 56311. Requisitioned vessels (a) Any vessel not documented under the laws of the United States, acquired by or made avail- able to the Secretary of Transportation under section 56309 or 56310, as applicable, or other- wise, may, notwithstanding any other provision of law, in the discretion of the Secretary of the department in which the Coast Guard is oper- ating be documented as a vessel of the United States under such rules and regulations or or- ders, and with such limitations, as the Secretary of the department in which the Coast Guard is operating may prescribe or issue as necessary or appropriate to carry out the purposes and provi- sions of section 56309 or 56310, as applicable, and in accordance with the provisions of subsection (c), engage in the coastwise trade when so docu- mented. Any document issued to a vessel under the provisions of this subsection shall be surren- dered at any time that such surrender may be ordered by the Secretary of the department in which the Coast Guard is operating. No vessel, the surrender of the documents of which has been so ordered, shall, after the effective date of such order, have the status of a vessel of the United States unless documented anew. (b) The President may, notwithstanding any other provisions of law, by rules and regulations or orders, waive compliance with any provision of law relating to masters, officers, members of the crew, or crew accommodations on any vessel documented under authority of this section to such extent and upon such terms as he finds nec- essary because of the lack of physical facilities on such vessels, and because of the need to em- ploy aliens for their operation. No vessel shall cease to enjoy the benefits and privileges of a vessel of the United States by reason of the em- ployment of any person in accordance with the provisions of this subsection. (c) Any vessel while documented under the provisions of this section, when chartered under section 56309 or 56310, as applicable, by the Sec- retary of Transportation to Government agen- cies or departments or to private operators, may engage in the coastwise trade under permits issued by the Secretary of Transportation, who is authorized to issue permits for such purpose pursuant to such rules and regulations as he may prescribe. The Secretary of Transportation is authorized to prescribe such rules and regula- tions as he may deem necessary or appropriate to carry out the purposes and provisions of this section. Section 57109 shall not apply with re- spect to vessels chartered to Government agen- cies or departments or to private operators or otherwise used or disposed of under section 56309 or 56310, as applicable. Existing laws covering the inspection of steam vessels are made appli- cable to vessels documented under this section only to such extent and upon such conditions as may be required by regulations of the Secretary of the department in which the Coast Guard is operating: Provided, That in determining to what extent those laws should be made applica- ble, due consideration shall be given to the pri- mary purpose of transporting commodities es- sential to the national defense. (d) The Secretary of Transportation without regard to the 1 section 6101 of title 41 may repair, reconstruct, or recondition any vessels to be uti- lized under section 56309 or 56310, as applicable. The Secretary of Transportation and any other Government department or agency by which any vessel is acquired or chartered, or to which any vessel is transferred or made available under section 56309 or 56310, as applicable, may, with the aid of any funds available and without re- gard to the provisions of section 6101 of title 41, repair, reconstruct, or recondition any such ves- sels to meet the needs of the services intended, or provide facilities for such repair, reconstruc- tion, or reconditioning. The Secretary of Trans- portation may operate or charter for operation any vessel to be utilized under section 56309 or 56310, as applicable 2 to private operators, citi- zens of the United States, or to any department or agency of the United States Government, without regard to the provisions of chapter 575, and any department or agency of the United States Government is authorized to enter into such charters. (e) In case of any voyage of a vessel docu- mented under the provisions of this section begun before the date of termination of an effec- tive period of section 196 of this title, but is completed after such date, the provisions of this section shall continue in effect with respect to such vessel until such voyage is completed. (Added and amended Pub. L. 115–91, div. C, title XXXV, § 3504(c), Dec. 12, 2017, 131 Stat. 1912.) Editorial Notes CODIFICATION Section, as added and amended by section 3504(c) of Pub. L. 115–91, is based on act Aug. 9, 1954, ch. 659, § 3, Page 505 TITLE 46—SHIPPING § 56502 68 Stat. 675; Pub. L. 89–670, § 6(b)(1), (2), Oct. 15, 1966, 80 Stat. 938; Pub. L. 97–31, § 12(152), Aug. 6, 1981, 95 Stat. 167, which was formerly classified to section 198 of Title 50, War and National Defense, before being transferred to this chapter and renumbered as this section. AMENDMENTS 2017—Pub. L. 115–91, § 3504(c)(3)(A), substituted ‘‘sec- tion 56309 or 56310, as applicable’’ for ‘‘this Act’’ wher- ever appearing, except in first sentence of subsec. (c) and second sentence of subsec. (d). Pub. L. 115–91, § 3504(c)(2), inserted section enu- merator and catchline. Pub. L. 115–91, § 3504(c)(1), transferred section 3 of act Aug. 9, 1954, to this chapter and renumbered it as this section. See Codification note above. Subsec. (c). Pub. L. 115–91, § 3504(c)(3)(B), substituted ‘‘section 56309 or 56310, as applicable,’’ for ‘‘this Act’’ in first sentence and ‘‘Section 57109’’ for ‘‘The second paragraph of section 9 of the Shipping Act, 1916, as amended,’’ in third sentence. Subsec. (d). Pub. L. 115–91, § 3504(c)(3)(C)(i)–(iii), sub- stituted, in first sentence, ‘‘section 6101 of title 41’’ for ‘‘provisions of section 3709 of the Revised Statutes’’, in second sentence, ‘‘section 56309 or 56310, as applicable,’’ for ‘‘this Act’’ and ‘‘section 6101 of title 41’’ for ‘‘said section 3709’’, and, in third sentence, ‘‘chapter 575’’ for ‘‘title VII of the Merchant Marine Act, 1936’’. Subsec. (f). Pub. L. 115–91, § 3504(c)(3)(C)(iv), struck out subsec. (f) which read as follows: ‘‘When used in this Act, the term ‘documented’ means ‘registered’, ‘en- rolled and licensed’, or ‘licensed’.’’ See section 56312 of this title. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. ‘‘Secretary of the department in which the Coast Guard is operating’’ substituted in subsec. (a) for ‘‘Sec- retary of the Treasury’’ pursuant to section 6(b)(1), (2) of Pub. L. 89–670, which transferred Coast Guard to De- partment of Transportation and transferred to and vested in Secretary of Transportation functions, pow- ers, and duties relating to Coast Guard, of Secretary of the Treasury and of all other officers and offices of De- partment of the Treasury, and which provided that not- withstanding such transfer Coast Guard shall operate as part of Navy in time of war or when President di- rects as provided in former section 3 (now 103) of Title 14, Coast Guard. See section 108 of Title 49, Transpor- tation. § 56312. Documented defined In sections 56309 through 56311, the term ‘‘doc- umented’’ means, with respect to a vessel, that a certificate of documentation has been issued for the vessel under chapter 121. (Added Pub. L. 115–91, div. C, title XXXV, § 3504(d), Dec. 12, 2017, 131 Stat. 1913.) CHAPTER 565—ESSENTIAL VESSELS AFFECTED BY NEUTRALITY ACT Sec. 56501. Definition. 56502. Adjusting obligations and arranging mainte- nance. 56503. Types of adjustments and arrangements. 56504. Changes in adjustments and arrangements. § 56501. Definition In this chapter, the term ‘‘essential vessel’’ means a vessel that is— (1)(A) security for a mortgage indebtedness to the United States Government; or (B) constructed under this subtitle or re- quired by a contract under this subtitle to be operated on a certain essential foreign trade route; and (2) necessary in the interests of commerce and national defense to be maintained in con- dition for prompt use. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1656.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 56501 .......... 46 App.:1242a(a). June 29, 1940, ch. 442, subdiv. (a), 54 Stat. 684. § 56502. Adjusting obligations and arranging maintenance (a) GENERAL AUTHORITY.—On written applica- tion, the Secretary of Transportation may ad- just obligations and arrange for maintenance of an essential vessel as provided in this chapter if the Secretary determines, after any investiga- tion or proceeding the Secretary considers desir- able, that— (1) the operation of the vessel in the service, route, or line to which it is assigned under this subtitle, or in which it otherwise would be op- erated, is not— (A) lawful under the Neutrality Act of 1939 (22 U.S.C. 441 et seq.) or a proclamation issued under that Act; or (B) compatible with maintaining the avail- ability of the vessel for national defense and commerce; (2) it is not feasible under existing law to employ the vessel in any other service or oper- ation in foreign or domestic trade (except tem- porary or emergency operation under section 56503(b)(5) of this title); and (3) the applicant, because of the restrictions of the Neutrality Act of 1939 (22 U.S.C. 441 et seq.) or the withdrawal of vessels for national defense under paragraph (1), is not earning or will not earn a reasonable return on the cap- ital necessarily employed in its business. (b) EFFECTIVE PERIOD.—Adjustments and ar- rangements under subsection (a) shall continue in effect only as long as the circumstances de- scribed in subsection (a) continue to exist. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1657.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 56502 .......... 46 App.:1242a(b), (e). June 29, 1940, ch. 442, subdivs. (b), (e), 54 Stat. 684, 686; Pub. L. 97–31, § 12(132), Aug. 6, 1981, 95 Stat. 165. The text of 46 App. U.S.C. 1242a(b) (1st sentence) is omitted as surplus. The text of 46 App. U.S.C. 1242a(e) is omitted as obsolete.