46 U.S.C. § 56308 — Transfer of substitute vessels

Page 503 TITLE 46—SHIPPING § 56309 1 See References in Text note below. (2) pay the owner an amount sufficient to re- condition the vessel to that condition, less or- dinary wear and tear. (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) 56307 .......... 46 App.:1242(a) (4th sentence). June 29, 1936, ch. 858, title IX, § 902(a) (4th sentence), 49 Stat. 2015; Pub. L. 97–31, § 12(131), Aug. 6, 1981, 95 Stat. 165. The words ‘‘requisitioned for use but not ownership’’ are substituted for ‘‘taken and used under authority of this section, but the ownership thereof is not required by the United States’’ to eliminate unnecessary words. § 56308. Transfer of substitute vessels In the case of any vessel constructed in the United States after January 1, 1937, which has been taken by the United States for use in any manner, the Secretary of Transportation, if in his opinion the transfer would aid in carrying out the policies of this Act,1 is authorized to transfer to the owner of such vessel another ves- sel which is deemed by the Secretary to be of comparable type with adjustments for deprecia- tion and difference in design or speed, and to the extent applicable, such other adjustments and terms and conditions, including transfer of mortgage obligations in favor of the United States binding upon the old vessel, as the Sec- retary may prescribe. (Added and amended Pub. L. 115–91, div. C, title XXXV, § 3502(a)(2), (b)(5), Dec. 12, 2017, 131 Stat. 1910.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means act Mar. 8, 1946, ch. 82, 60 Stat. 41, known as the Merchant Ship Sales Act of 1946, which was classified principally to chapter 54 (§ 4401 et seq.) of Title 50, War and National Defense. The Act has been repealed, except for sections 8(d) and 11, which were transferred to this section and section 57100 of this title, respectively, by Pub. L. 115–91. Provi- sions relating to the policies of the Act were contained in section 4401 of Title 50 prior to repeal by Pub. L. 115–91. CODIFICATION Section, as added and amended by Pub. L. 115–91, is based on act Mar. 8, 1946, ch. 82, § 8(d), 60 Stat. 46, as amended by Pub. L. 97–31, § 12(154), Aug. 6, 1981, 95 Stat. 167, which was formerly classified to section 4404(d) of Title 50, War and National Defense, before being trans- ferred to this chapter and renumbered as this section. AMENDMENTS 2017—Pub. L. 115–91, § 3502(b)(5)(C), which directed striking out ‘‘adjustments with respect to the retained vessels as provided for in section 9, and’’, was executed by striking out ‘‘adjustments with respect to the re- tained vessel as provided for in section 9, and’’ after ‘‘extent applicable,’’ to reflect the probable intent of Congress. Pub. L. 115–91, § 3502(b)(5)(B), which directed insertion of ‘‘of Transportation’’ after ‘‘Secretary’’, was executed by making the insertion after ‘‘Secretary’’ the first time appearing to reflect the probable intent of Con- gress. Pub. L. 115–91, § 3502(b)(5)(A), inserted section enu- merator and catchline. Pub. L. 115–91, § 3502(a)(2), transferred section 8(d) of act Mar. 8, 1946, to this chapter and renumbered it as this section. See Codification note above. § 56309. Emergency foreign vessel acquisition; purchase or requisition of vessels lying idle in United States waters During any period in which vessels may be requisitioned under this chapter, the President is authorized and empowered through the Sec- retary of Transportation to purchase, or to req- uisition, or for any part of such period to char- ter or requisition the use of, or to take over the title to or possession of, for such use or disposi- tion as he shall direct, any merchant vessel not owned by citizens of the United States which is lying idle in waters within the jurisdiction of the United States and which the President finds to be necessary to the national defense. Just compensation shall be determined and made to the owner or owners of any such vessel in ac- cordance with the applicable provisions of this chapter. Such compensation hereunder, or ad- vances on account thereof, shall be deposited with the Treasurer of the United States in a sep- arate deposit fund. Payments for such com- pensation and also for payment of any valid claim upon such vessel in accord with the provi- sions of section 56305, shall be made from such fund upon the certificate of the Secretary of Transportation. (Added and amended Pub. L. 115–91, div. C, title XXXV, § 3504(a), Dec. 12, 2017, 131 Stat. 1911.) Editorial Notes CODIFICATION Section, as added and amended by section 3504(a) of Pub. L. 115–91, is based on act Aug. 9, 1954, ch. 659, § 1, 68 Stat. 675; Pub. L. 96–70, title III, § 3302(c), Sept. 27, 1979, 93 Stat. 498; Pub. L. 97–31, § 12(152), Aug. 6, 1981, 95 Stat. 167, which was formerly classified to section 196 of Title 50, War and National Defense, before being trans- ferred to this chapter and renumbered as this section. AMENDMENTS 2017—Pub. L. 115–91, § 3504(a)(2), inserted section enu- merator and catchline and, in text, substituted ‘‘this chapter’’ for ‘‘section 902 of the Merchant Marine Act, 1936, as amended’’ in two places and ‘‘section 56305’’ for ‘‘the second paragraph of subsection (d) of such section 902, as amended’’. Pub. L. 115–91, § 3504(a)(1), transferred section 1 of act Aug. 9, 1954, to this chapter and renumbered it as this section. See Codification note above. Statutory Notes and Related Subsidiaries REFERENCES Pub. L. 115–91, div. C, title XXXV, § 3504(f), Dec. 12, 2017, 131 Stat. 1913, provided that: ‘‘Any reference in a law, regulation, document, paper, or other record of the United States to a section that is redesignated and transferred by this section [sections 1 to 3 of act Aug. 9, 1954, former 50 U.S.C. 196 to 198] is deemed to refer to such section as so redesignated and transferred [now 46 U.S.C. 56309 to 56311].’’