PUBLIC LAW 109–304—OCT. 6, 2006
120 STAT. 1565
out the purposes of this subtitle, but consistent with sound business practice. ‘‘(c) AVAILABILITY OF AMOUNTS.—Amounts received by the Secretary from a transaction under this section are available for expenditure by the Secretary as provided in this subtitle. ‘‘§ 50304. Sale and transfer of property ‘‘(a) AUTHORITY TO SELL.—The Secretary of Transportation may sell property (other than vessels transferred under section 4 of the Merchant Marine Act, 1920 (ch. 250, 41 Stat. 990)) on terms the Secretary considers appropriate. ‘‘(b) TRANSFERS FROM MILITARY TO CIVILIAN CONTROL.—When the President considers it in the interest of the United States, the President may transfer to the Secretary of Transportation possession and control of property described in the second paragraph of section 17 of the Merchant Marine Act, 1920 (ch. 250, 41 Stat. 994), as originally enacted, that is possessed and controlled by the Secretary of a military department. ‘‘(c) TRANSFERS FROM CIVILIAN TO MILITARY CONTROL.—When the President considers it necessary, the President by executive order may transfer to the Secretary of a military department possession and control of property described in section 17 of the Merchant Marine Act, 1920 (ch. 250, 41 Stat. 994), as originally enacted, that is possessed and controlled by the Secretary of Transportation. The President’s order shall state the need for the transfer and the period of the need. When the President decides that the need has ended, the possession and control shall revert to the Secretary of Transportation. The property may not be sold except as provided by law. ‘‘§ 50305. Appointment of trustee or receiver and operation of vessels ‘‘(a) APPOINTMENT OF TRUSTEES AND RECEIVERS.— ‘‘(1) APPOINTMENT OF SECRETARY.—In a proceeding in a court of the United States in which a trustee or receiver may be appointed for a corporation operating a vessel of United States registry between the United States and a foreign country, on which the United States Government holds a mortgage, the court may appoint the Secretary of Transportation as the sole trustee or receiver (subject to the direction of the court) if— ‘‘(A) the court finds that the appointment will— ‘‘(i) inure to the advantage of the estate and the parties in interest; and ‘‘(ii) tend to carry out the purposes of this subtitle; and ‘‘(B) the Secretary expressly consents to the appointment. ‘‘(2) APPOINTMENT OF OTHER PERSON.—The appointment of another person as trustee or receiver without a hearing becomes effective when ratified by the Secretary, but the Secretary may demand a hearing. ‘‘(b) OPERATION OF VESSELS.— ‘‘(1) IN GENERAL.—If the court is unwilling to allow the trustee or receiver to operate the vessel in foreign commerce without financial aid from the Government pending termination of the proceeding, and the Secretary certifies to the court that
VerDate 14-DEC-2004
13:05 Jul 12, 2007
Jkt 059194
PO 00002
Frm 00309
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.109
APPS06
PsN: PUBL002
�
