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46 U.S.C. § 56502 — Adjusting obligations and arranging maintenance

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 218 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the Secretary of Transportation adjust an essential vessel owner's debts and arrange to maintain the vessel, if operating it isn't lawful or workable for defense reasons, no other use is realistically available, and the owner can't earn a reasonable return because of wartime restrictions. These arrangements last only as long as those conditions continue.

(a) General Authority. On written request, the Secretary of Transportation may adjust an essential vessel owner's debts and arrange to maintain the vessel, as allowed under this chapter, if the Secretary determines — after any investigation the Secretary thinks is needed — that all three of these are true: (1) operating the vessel on its assigned (or otherwise likely) route isn't lawful under the Neutrality Act of 1939 or a related proclamation, or isn't compatible with keeping the vessel ready for national defense and commerce; (2) it isn't realistically possible under current law to use the vessel in any other foreign or domestic trade (apart from short-term or emergency use allowed under section 56503(b)(5)); and (3) because of Neutrality Act restrictions or the vessel's withdrawal for national defense, the owner isn't earning — and won't earn — a reasonable return on the money invested in the business.

(b) Effective Period. These adjustments and arrangements stay in effect only for as long as the conditions described in subsection (a) continue to exist.

the actual law source: uscode.house.gov ↗public domain
(a)General Authority.—

On written application, the Secretary of Transportation may adjust obligations and arrange for maintenance of an essential vessel as provided in this chapter if the Secretary determines, after any investigation or proceeding the Secretary considers desirable, 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 operated, 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 availability 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 operation in foreign or domestic trade (except temporary 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 capital necessarily employed in its business.

(b)Effective Period.—

Adjustments and arrangements under subsection (a) shall continue in effect only as long as the circumstances described in subsection (a) continue to exist.

Source credit: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1657.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1657

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.

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