120 STAT. 1656
PUBLIC LAW 109–304—OCT. 6, 2006 ‘‘(2) AVAILABILITY OF AMOUNTS DEPOSITED.—Amounts deposited in the fund shall be available to pay the compensation or any of the encumbrances (including encumbrances stipulated to in a court of the United States or a State) existing at the time the vessel was requisitioned. ‘‘(c) CIVIL ACTION.— ‘‘(1) IN GENERAL.—Within 6 months after publication of notice under subsection (b), the holder of an encumbrance may bring a civil action in admiralty, according to the principles of libels in rem, against the fund. ‘‘(2) VENUE.—The action must be brought in the district court of the United States— ‘‘(A) from whose custody the vessel was or may be requisitioned; or ‘‘(B) in whose district the vessel was located when it was requisitioned. ‘‘(3) SERVICE OF PROCESS.—Service of process shall be made on the appropriate United States Attorney, the Attorney General, and the Secretary, in the manner provided by the Federal Rules of Civil Procedure (28 App. U.S.C.). Notice of the action shall be given to all interested persons as ordered by the court. ‘‘(4) AS BETWEEN PRIVATE PARTIES.—The action shall proceed and be determined according to the principles of law and the rules of practice applicable in like cases between private parties.
‘‘§ 56306. Use and transfer of vessels ‘‘(a) IN GENERAL.—The Secretary of Transportation may repair, recondition, reconstruct, operate, or charter for operation, a vessel acquired under this chapter. ‘‘(b) TRANSFER TO OTHER AGENCIES.—The Secretary may transfer the possession or control of a vessel acquired under this chapter to another department or agency of the United States Government on terms and conditions approved by the President. The department or agency shall promptly reimburse the Secretary for expenditures for just compensation, purchase price, charter hire, repairs, reconditioning, or reconstruction. ‘‘§ 56307. Return of vessels ‘‘When a vessel requisitioned for use but not ownership is returned to the owner, the Secretary of Transportation shall— ‘‘(1) return the vessel in a condition at least as good as when taken, less ordinary wear and tear; or ‘‘(2) pay the owner an amount sufficient to recondition the vessel to that condition, less ordinary wear and tear. ‘‘CHAPTER 565—ESSENTIAL VESSELS AFFECTED BY NEUTRALITY ACT ‘‘Sec. ‘‘56501. ‘‘56502. ‘‘56503. ‘‘56504.
Definition. Adjusting obligations and arranging maintenance. Types of adjustments and arrangements. Changes in adjustments and arrangements.
‘‘§ 56501. Definition ‘‘In this chapter, the term ‘essential vessel’ means a vessel that is—
VerDate 14-DEC-2004
13:05 Jul 12, 2007
Jkt 059194
PO 00002
Frm 00400
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL002.109
APPS06
PsN: PUBL002
�
