Page:United States Statutes at Large Volume 110 Part 5.djvu/58

 110 STAT. 3132 PUBLIC LAW 104-239—OCT. 8, 1996 flag of an effective United States-controlled foreign flag, and available to be requisitioned by the Secretary of Transportation pursuant to section 902 of this Act; "(3) owning, chartering, or operating foreign-flag bulk cargo vessels that are operated in foreign-to-foreign service or the foreign commerce of the United States; "(4) chartering or operating foreign-flag vessels that are operated solely as replacement vessels for United States-flag vessels or vessel capacity that sire made available to the Secretary of Defense pursuant to section 653 of this Act; or "(5) entering into time or space charter or other cooperative agreements with respect to foreign-flag vessels or acting as agent or broker for a foreign-flag vessel or vessels.". 46 USC app. (b) EFFECTIVE DATE. —The amendment made by subsection (a) 1222 note. shall apply to a contractor under subtitle B of title VI of the Merchant Marine Act, 1936, as amended by this Act, upon enactment of this Act, and shall apply to a contractor under subtitle A of title VI of that Act, upon the earlier of— Federal Register, (1) the date that a payment is made, under the Maritime publication. Security Program under subtitle B of that title to a contractor under subtitle B of that title who is not party to an operatingdifferential subsidy contract under subtitle A of that title, with the Secretary of Transportation to cause notice of the date of such payment to be published in the Federal Register as soon as possible; or (2) with respect to a particular contractor under the operating-differential subsidy program under subtitle A of that title, the date that contractor enters into a contract with the Secretary under the Maritime Security Program established by subtitle B of that title. SEC. 6. AMENDMENT TO SfflPPING ACT, 1916. Section 9 of the Shipping Act, 1916 (46 U.S.C. App. 808) is amended by adding at the end the following: "(e) Notwithstanding subsection (c)(2), the Merchant Marine Act, 1936, or any contract entered into with the Secretary of Transportation under that Act, a vessel may be placed under a foreign registry, without approval of the Secretary, if— "(1)(A) the Secretary determines that at least one replacement vessel of a capacity that is equivalent or greater, as measured by deadweight tons, gross tons, or container equivalent units, as appropriate, is documented under chapter 121 of title 46, United States Code, by the owner of the vessel placed under the foreign registry; and "(B) the replacement vessel is not more than 10 years of age on the date of that documentation; "(2)(A) an application for an operating agreement under subtitle B of title VI of the Merchant Marine Act, 1936 has been filed with respect to a vessel which is eligible to be included in the Maritime Security Fleet under section 651(b)(l) of that Act; and "(B) the Secretary has not awarded an operating agreement with respect to that vessel within 90 days after the date of that application; "(3) a contract covering the vessel under subtitle A of title VI of the Merchant Marine Act, 1936 has expired, and

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