46 U.S.C. § 56309 — Emergency foreign vessel acquisition;

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 The Act has been repealed, except for sections 8(d) and 11, which were transferred to this section and section 57100 of this title, respectively, by Pub.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].’’ 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,