1625-0001 Stat/Authority

§ 56309

TITLE 46—SHIPPING

Page 868

References in Text

Amendments

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Act has been repealed, except for sections 8(d) and 11,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. Provisions
relating to the policies of the Act were contained in section 4401 of Title 50 prior to repeal by Pub. L. 115–91.

2017—Pub. L. 115–91, § 3504(a)(2), inserted section enumerator 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.

Codification

References

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 transferred to this chapter and renumbered as this section.

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].”

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 retained
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 Congress.
Pub. L. 115–91, § 3502(b)(5)(A), inserted section enumerator 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 Secretary of
Transportation to purchase, 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 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 this chapter. 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
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.)
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 transferred to
this chapter and renumbered as this section.

§ 56310. Voluntary purchase or charter agreements
During any period in which vessels may be requisitioned under this chapter as amended,1 the
President is authorized through the Secretary of
Transportation 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.
(Added and amended Pub. L. 115–91, div. C, title
XXXV, § 3504(b), Dec. 12, 2017, 131 Stat. 1912.)
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 enumerator 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 available
to the Secretary of Transportation under section
56309 or 56310, as applicable, or otherwise, may,
notwithstanding any other provision of law, in
the discretion of the Secretary of the department
in which the Coast Guard is operating 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 department in which the Coast Guard is operating may
prescribe or issue as necessary or appropriate to
carry out the purposes and provisions of section
56309 or 56310, as applicable, and in accordance
with the provisions of subsection (c), engage in
the coastwise trade when so documented. Any document issued to a vessel under the provisions of
this subsection shall be surrendered at any time
that such surrender may be ordered by the Sec1

So in original.

Page 869

§ 56312

TITLE 46—SHIPPING

retary 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 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 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 Secretary
of Transportation to Government agencies 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 regulations as he may deem
necessary or appropriate to carry out the purposes and provisions of this section. Section 57109
shall not apply with respect to vessels chartered
to Government agencies 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 applicable 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
applicable, due consideration shall be given to the
primary purpose of transporting commodities essential 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 utilized 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 regard to
the provisions of section 6101 of title 41, repair,
reconstruct, or recondition any such vessels to
meet the needs of the services intended, or provide facilities for such repair, reconstruction, or
reconditioning. The Secretary of Transportation
may operate or charter for operation any vessel
to be utilized under section 56309 or 56310, as applicable 2 to private operators, citizens 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 documented under the provisions of this section begun before the date of termination of an effective 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.)
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, 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 “section 56309 or 56310, as applicable” for “this Act” wherever
appearing, except in first sentence of subsec. (c) and second sentence of subsec. (d).
Pub. L. 115–91, § 3504(c)(2), inserted section enumerator
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), substituted, 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’, ‘enrolled and
licensed’, or ‘licensed’.” See section 56312 of this title.
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 relating
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 Security, and
the Department of Homeland Security Reorganization
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 “Secretary of
the Treasury” pursuant to section 6(b)(1), (2) of Pub. L.
89–670, which transferred Coast Guard to Department of
Transportation and transferred to and vested in Secretary of Transportation functions, powers, and duties relating to Coast Guard, of Secretary of the Treasury and
of all other officers and offices of Department of the
Treasury, and which provided that notwithstanding such
transfer Coast Guard shall operate as part of Navy in
time of war or when President directs as provided in
former section 3 (now 103) of Title 14, Coast Guard. See
section 108 of Title 49, Transportation.

§ 56312. Documented defined
1
2

So in original. The word “the” probably should not appear.
So in original. Probably should be followed by a comma.

In sections 56309 through 56311, the term “documented” means, with respect to a vessel, that a