Transfer. All 68 Stat. 528. Terms and conditions. Di sapproved donations. Disposal. Parts' sale, eto. Repeal. Contribution return, eto. the United States and political subdivisions, or municipal corporations thereof, the District of Columbia, Canal Zone, or corporations or associations whose charter or articles of agreement denies them the right to operate for profit, may apply for donation of either or both of these vessels for restoration as a public memorial or memorials The Secretary is authorized to transfer such vessel or vessels to the aforementioned applicants under such terms and conditions as he shall prescribe. If within one year from the enactment of this Act any transferee has not taken delivery of the vessel or vessels named in this section for which his application for donation has been approved, the transferor having been willing and ready to make delivery and having offered delivery, then said transferee shall lose all rights and interest in said vessel or vessels and the Secretary of the Navy may dispose of it in the manner he would if the application had not been received. Each transfer agreement shall include a stipulation that the transferee shall maintain the vessel in a condition satisfactory to the Navy Department and that no expense shall result to the United States as a consequence of such transfer or as a consequence of such terms and conditions prescribed by the Secretary of the Navy. SEC. 6. Upon expiration of the one year period specified in section 5 of this Act, the Secretary of the Navy is authorized to dispose of each of the vessels specified in section 5 hereof, for which an application for donation has not been approved by the Secretary. Any such vessel may be disposed of by sale or by scrapping, in the discretion of the Secretary. Any parts of historical interest may be removed from these ships prior to sale or scrapping and retained by the Department of the Navy, or, in the discretion of the Secretary of the Navy, loaned or donated to such nonprofit historical or educational institutions as he may select. SEC. 7. The Secretary of the Navy is further authorized, prior to any sale or scrapping of the United States ships Olympia and Oregon, to sell, under such regulations as he may prescribe, such parts or pieces of these vessels as may be suitable for use as relics, souvenirs, or mementos. Any amounts collected as the result of sales authorized by this section shall be deposited and covered into the Treasury as miscellaneous receipts. SEC. 8. The Act of March 13, 1948 (62 Stat. 79), is hereby repealed. Amounts received by the Department of the Navy as donations or contributions under that Act shall be returned to the donors except that in any cases where donations or contributions cannot be returned such amounts will be deposited and covered into the Treasury as miscellaneous receipts. To authorize the construction of naval vessels, and for other purposes. 68 Stat. 578. 68 Stat. 579. Be it enacted by the Senate and House of Representatives of the I'nited States of America in Congress assembled, That the President Naval vessels. is authorized to undertake the construction of, or to acquire and con- Construction, vert, not to exceed sixteen thousand tons of modern naval vessels in eto. the combatant category, divided into the following subcategories: (a) Mine warfare vessels, four thousand tons; and (b) Patrol vessels, twelve thousand tons. To the extent that any ships authorized under this Act are constructed in private shipyards, such contract shall be awarded to the lowest responsible bidder insofar as national security requirements will permit and such award is practical, and is not inconsistent with the provisions of the Armed Services Procurement Act of 1947 or the Act of March 27, 1934 (ch. 95, 48 Stat. 503), as amended. 34 USC 494-497. SEC. 2. There is hereby authorized to be appropriated such sums Appropriation. as may be necessary for the construction, or for the acquisition and conversion, of the foregoing vessels. SEC. 3. The Act of August 8, 1950 (64 Stat. 420), is hereby amended 34 USC 498m. by deleting "$350,000,000" and inserting in lieu thereof "$450,000,000". Approved July 29, 1954. To authorize the Secretary of Commerce to sell certain war-built passenger-cargo vessels, and for other purposes. Resolved by the Senate and House of Representatives of the United Ltd. States of America in Congress assembled, That (a) the Secretary of War built vesCommerce is hereby authorized, during a period of six months after sels, etc. the enactment of this Act, to sell to American President Lines, Limited, Sale to American the war-built passenger-cargo vessels, the steamship President Cleve- President Lines, land and the steamship President Wilson, on an as-is where-is basis, at the sales price of $6,500,000 per vessel and from such price there shall be subtracted, as depreciation, $1,225 per day per vessel for the period beginning April 1, 1954, and ending with date of execution of the contract of sale of the respective vessel. Each such sale shall be on the basis of the payment of not less than 25 per centum of the respective vessel sales price at the time of the execution of such vessel sales contract, with balance payable in approximately equal annual installments over the remainder of the twenty-year economic life of the vessel with interest on the portion of the vessel sales price remaining unpaid at the rate of 32 per centum per annum. The obligation of the purchaser with respect to payment of such unpaid balance, with interest, shall be secured by a preferred mortgage on the vessel sold, which mortgage may provide that the sole recourse against the purchaser of the vessel under such mortgage, and any of the notes secured thereby, shall be limited to repossession of the vessel by the United States and the assignment of insurance claims, if the purchaser shall have complied with all provisions of the mortgage other than those relating to the payment of principal and interest when due, and the obligation of the purchaser shall be satisfied and discharged by the surrender of the vessel, and all right, title, and interest therein to the United States. Such vessel upon surrender shall be (1) free and clear of all liens and encumbrances whatsoever, except the lien of the preferred mortgage, (2) in class, and (3) in as good order and condition, ordinary wear and tear excepted, as when acquired by the purchaser, except that any deficiencies with respect to freedom from encumbrances, condition, and class, may, to the extent covered by valid policies of insurance, be satisfied by the assignment to the United States of claims of the purchaser under such policies of insurance. 68 Stat. 582. (b) Any contract of sale executed under authority of this Act 68 Stat. 583. shall provide that in the event the United States shall, through Requisition or purchase or requisition, acquire ownership of such vessels or vessel, acquisition by the owner shall be paid therefor the value thereof, but in no eventʊ. S. shall such payment exceed the actual depreciated sales price under such contract (together with the actual depreciated cost of capital improvements thereon), or the fair and reasonable scrap value of such vessel, as determined by the Maritime Administrator, whichever is the greater; that such determination shall be final; that in computing the depreciated acquisition cost of such vessel, the depreciation shall be computed on the vessels on the schedule adopted by the Internal Revenue Service for income tax purposes as applicable to each such vessel; that each such vessel shall remain documented under the laws of the United States during the remainder of the twenty-year economic life of the vessel or as long as there remains due the United States any principal or interest on account of the sales price, whichever is the longer period; and that the foregoing All 68 Stat. 583. provisions respecting the requisition or the acquisition of ownership by the United States, and documentation shall run with the title to each such vessel and be binding on all owners thereof. Approved July 29, 1954. Chapter 659 - 2d Session AN ACT To extend emergency foreign merchant vessel acquisition and operating authority of Public Law 101, Seventy-seventh Congress, and for other purposes. 46 USC 1242. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That during any Foreign vessels, period in which vessels may be requisitioned under section 902 of Emergency asthe Merchant Marine Act, 1936, as amended, the President is author- quisition.. ized and empowered through the Secretary of Commerce to purchase, 49 Stat. 2015. or to requisition, or for any part of such period to charter or requisition the use of, or to take over the title to or possession of, for such use or disposition 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, including the Canal Zone, 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 accordance with the applicable provisions of section 902 of the Merchant Marine Act, 1936, as amended. Such compensation hereunder, or advances on account thereof, shall be deposited with the Treasurer of the United States in a separate deposit fund. Payments for such compensation and also for payment of any valid claim upon such vessel in accord with the provisions of the second paragraph of subsection (d) of such section 902, as amended, shall be made from such fund upon the certificate of the Secretary of Commerce. SEC. 2. During any period in which vessels may be requisitioned under section 902 of the Merchant Marine Act, 1936, as amended, the 46 USC 1242. President is authorized through the Secretary of Commerce to acquire by voluntary agreement of purchase or charter the ownership or use of any merchant vessel not owned by citizens of the United States. SEC. 3. (a) Any vessel not documented under the laws of the United States, acquired by or made available to the Secretary of Commerce under this Act, or otherwise, may, notwithstanding any other provision of law, in the discretion of the Secretary of the Treasury be documented as a vessel of the United States under such rules and regulations or orders, and with such limitations, as the Secretary of the Treasury may prescribe or issue as necessary or appropriate to carry out the purposes and provisions of this Act, and in accordance with the provisions of subsection (c) hereof, engage in the coastwise trade when so documented. Any document issued to a vessel under Surrender of the provisions of this subsection shall be surrendered at any time that document. such surrender may be ordered by the Secretary of the Treasury. No 68 Stat. 675. vessel, the surrender of the documents of which has been so ordered, 68 Stat. 676. 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 Compliance law, by rules and regulations or orders, waive compliance with any waiver. 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 necessary because of the lack of physical facilities on such vessels, and because of the need to employ 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 employment of any person in accordance with the proPisions of this subsection. Any vessel while documented under the provisions of this sec- Coastwise |