Page:United States Statutes at Large Volume 55 Part 1.djvu/268

 55 STAT.] 77TH CONG. , 1 ST SESS.-CH. 174-JUNE 6, 1941 admiralty and maritime jurisdiction: Provided further, That if the Maritime Commission, after consideration by it of evidence submitted to it within ten days after the approval of this Act, shall find that on September 3, 1939, and continuously thereafter, any vessel was exclu- sively owned, used and operated for its exclusive sovereign purposes by a sovereign nation making claim therefor, such vessel may be taken under this section only by purchase or charter; and in determining said ownership, use and operation the Commission shall disregard (1) all contributions made in whole or in part at any time to the construction, repair, reconditioning, equipping or operation of said vessel, (2) all such matters, in nature similar to or dissimilar from, the foregoing clause as in the opinion of the Commission are immaterial or irrelevant to the determination of such ownership. Use of such vessel at any time since September 3, 1939, in commercial trade shall be presump- tively deemed to show that said vessel is not owned, used and operated by a sovereign nation for its sovereign purposes. The final determina- tion by the Maritime Commission shall be conclusive: Providedfurther, That if any vessel shall be found under the proviso next preceding to be exclusively owned, used and operated by any sovereign nation so that it can only be chartered or purchased, and such vessel shall be chartered or purchased, then the cash to be paid for said charter or purchase, to the extent that may be necessary, after payment of existing claims and liens of creditors against said vessel, shall be held for appli- cation upon such debt, if any, as may be due to the United States from the sovereign nation so found to have exclusive ownership to said vessel: Provided further, That the Maritime Commission and the Department of Justice are authorized to make just provisions out of funds provided in section 2 of this Act for employees displaced by the taking of any ship hereunder and report to the Congress their action within thirty days after the enactment of this Act. SEC. 2. Funds appropriated by the Act of March 27, 1941 (Public Law 23, Seventy-seventh Congress), are hereby made available to carry out the provisions of section 1 hereof, including payment of the costs of repair, reconstruction, or reconditioning necessary or incidental to the use or disposition under this Act of vessels acquired, or the use or possession of which is acquired, under such section. SEC. 3. (a) During the national emergency declared by the Presi- dent on September 8, 1939, to exist, but not after June 30, 1942, the United States Maritime Commission, whenever it finds that vessels in addition to those otherwise available are necessary for transporta- tion of foreign commerce of the United States or of commodities essential to the national defense, is authorized, notwithstanding any other provision of law, (1) to charter any vessel, whether undocu- mented or documented under the laws of the United States or of a foreign country, deemed by the Commission to be suitable for such transportation, without regard to the provisions of section 3709 of the Revised Statutes, on a time-charter or bare-boat basis, upon such terms and conditions, and for such period or periods, as the Com- mission may deem necessary or desirable in the public interest, and at such rate of hire as it may deem to be fair and reasonable in view of the attendant circumstances, and (2) to charter any vessel char- tered by the Commission under clause (1) hereof to a private oper- ator, a citizen of the United States (including a corporation, part- nership, or association, only if it is a citizen of the United States within the meaning of section 2 of the Shipping Act, 1916, as amended), or to any department or agency of the United States Government, without regard to the provisions of title VII of the Merchant Marine Act, 1936, on time-charter or bare-boat basis, for use in any foreign trade or service or as otherwise hereinafter pro- 243 Vessel owned by sovereign nation. Determination of ownership. Vessel belonging to nation indebted to U.S. Displaced employ- ees. Availability of funds. Ante, p. 53. Charteringof vessels by U.S. Maritime Commission. 54 Stat. 2643. 60U. 8. (., app.. prec. I 1 note. 41 U. S.C. . 5. Basis, terms, etc. 39 Stat. 729. 46 U. . C. 1802. Charter to Govern- ment agencies. 49 Stat. 2008 . 46 U. . C. II 1191- 1204.

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