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purview of the U.S. Coast Guard, have been retained for the reasons set forth in the penultimate paragraph of the note to section 201 of this act.

Changes have been made in arrangement and phraseology as required in the context of this act.

SEC. 203. HOME PORT OF VESSEL OF UNITED STATES: PLACE OF DOCUMENTATION. For the purposes of the navigation laws of the United States, of this Act, and of the Ship Mortgage Act, 1920, as amended, Totherwise known as section 30 of the Merchant Marine Act, 1920,] every vessel of the United States shall have a "home port" in the United States, including the Commonwealth of Puerto Rico, which port the owner of such vessel, subject to the approval of the Secretary [of the Treasury], shall specifically fix and determine, and subject to such approval may from time to time change. Such home port shall be shown in the register, enrollment, enrollment [,] and license, or license of such vessel, which documents, respectively, are Thereinafter referred to as the vessel's document. [The home port shown in the document of any vessel of the United States in force at the time of the approval of this Act shall be deemed to have been fixed and determined in accordance with the provisions hereof. Section 4141 of the Revised Statutes is hereby amended to conform herewith. Every vessel, except as is hereinafter provided, shall be registered by the collector of that collection district which includes the port to which such vessel shall belong at the time of her registry; which port shall be deemed to be that at or nearest to which the owner, if there be but one, or, if more than one, the husband or acting and managing owner of such vessel, usually resides. A vessel shall be documented in that district which comprehends her home port at the time of her documentation.

NOTE

This section is based on title 46, U.S.C., 1964 ed., §§ 17, 18 (R.S. § 4141; Feb. 16, 1925, c. 235, § 1, 43 Stat. 947; May 17, 1932, c. 190, 47 Stat. 158; June 30, 1932, c. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, c. 463, § 1, 49 Stat. 1830; 1946 Reorganization Plan No. 3. §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; July 12, 1960, Public Law 86-624, § 34, 74 Stat. 421; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F. R. 7035, 79 Stat. 1317).

This section consolidates R.S. § 4141 (46 U.S.C. 17) and act Feb. 16, 1925, c. 235, § 1, 43 Stat. 947, as amended (46 U.S.C. 18), giving effect to the provision of the latter that "Section 4141 of the Revised Statutes is hereby amended to conform herewith."

The reference to the "Ship Mortgage Act, 1920, as amended," is retained in the introductory clause because some sections of that act are incorporated into chapter 3 of this act and others are included in the draft Merchant Marine Act of 1966 prepared by Pike & Fischer, Inc., as a consolidation of certain of the shipping laws administered by the Department of Commerce. Coordination of these efforts will require a revision of the words ", of this Act, and of the Ship Mortgage Act 1920, as amended," in the introductory clause when a final draft is prepared.

The words "the Commonwealth of" have been inserted before "Puerto Rico" to reflect the present status of this former possession. See act July 3, 1950, c. 446, §§ 1-6, 64 Stat. 319; § 1 of the Constitution of Puerto Rico (48 U.S.C. 731b-e, 737).

The words "of the Treasury" following "Secretary" have been deleted as surplusage because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act.

The word "enrollment" has been inserted after "register" to make clear that the home port shall be shown on each type of document issued.

The sentence "The home port shown in the document of any vessel of the United States in force at the time of the approval of this Act [Feb. 16, 1925] shall be

deemed to have been fixed and determined in accordance with the provisions hereof." has been deleted as executed. Prior rights are preserved by the saving clause, section 109 of this act.

In accordance with the provision of 46 U.S.C. 18 that 46 U.S.C. 17 (R.S. § 4141) be amended to conform therewith, "A vessel shall be documented in that district which includes her home port at the time of her documentation." has been substituted for "Every vessel, except as is hereinafter provided, shall be registered by the collector of that collection district which includes the port to which such vessel shall belong at the time of her registry; which port shall be deemed to be that at or nearest to which the owner, if there be but one, or, if more than one, the husband or acting and managing owner of such vessel, usually resides." The last clause of R.S. § 4141, expressing the residence requirement, has been superseded by the provision of the act Feb. 16, 1925, as amended, which designates the "home port" as the port the owner, "subject to the approval of the Secretary, shall specifically fix and determine, and subject to such approval may from time to time change." The words "documented" and "documentation" have been substituted for the more restrictive "registered" and "registry" to embrace vessels which are enrolled, enrolled and licensed, or licensed, in addition to those which are registered.

The sentence "Section 4141 of the Revised Statutes is hereby amended to conform herewith" has been deleted as executed.

The words "district which comprehends her home port" have been substituted for "district which includes the port to which such vessel shall belong" as less ambiguous, in that the definition of "home port" in this section permits designation of a "home port" which may be unrelated to the residence of the owner or

owners.

Changes have been made in phraseology as required in the context of this act.

SEC. 204. "PORT OF DOCUMENTATION" DEFINED.-Whenever in this Act or in the Ship Mortgage Act, 1920, as amended, the words "port of documentation" are used, they shall be deemed to mean the "home port" of the vessel fixed and determined in accordance with the provisions of section 203 of this Act, except that the words "port of documentation" shall not include a port in which a temporary document is issued.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 1011 (Feb. 16, 1925, c. 235, § 4, 43 Stat. 948).

The words "in this Act or in the Ship Mortgage Act, 1920, as amended," are subject to the comments in the second paragraph of the note to section 203 of this act.

Changes have been made in phraseology as required in the context of this act.

SEC. 205. VESSELS ENTITLED TO REGISTRY. (a) The following classes of vessels, belonging wholly to citizens of the United States, and no others, may be registered as vessels of the United States:

(1) Vessels built within the United States, its territories, Districts, or possessions, or the Commonwealth of Puerto Rico [and belonging wholly to citizens thereof];

(2) [and vessels] Vessels which may be captured in war by citizens of the United States and lawfully condemned as prize[,];

(3) [or] Vessels which may be adjudged to be forfeited for a breach of the laws of the United States;

(4) Wrecked and repaired vessels complying with the provisions of section 251 of this Act;

(5) Vessels purchased, chartered, or leased from the Secretary of Commerce pursuant to the provisions of section 252 of this Act; and

(6) [seagoing] Seagoing vessels, [whether steam or sail] wherever built, which have been certified by the Secretary [of the Treasury] as safe to carry dry and perishable cargo, [wherever built,] and which are to engage only in trade with foreign countries and, notwithstanding any other provisions of law, with the Islands of Guam, Tutuila, Wake, Midway, and Kingman Reef[,].

(b) being wholly owned by citizens of the United States or] For the purposes of this section, and of section 207 of this Act, "citizens of the United States" includes corporations organized and chartered under the laws of the United States[,] or of any State, territory, District, or possession thereof, or of the Commonwealth of Puerto Rico, of which the president or other chief executive officer and the chairman of the board of directors shall be citizens of the United States and no more of its directors than a minority of the number necessary to constitute a quorum shall be noncitizens[,]. [may be registered as directed in this title. Foreign-built vessels registered pursuant to this Act shall not engage in the coastwise trade: Provided, That such vessels so admitted under the provisions of this section may contract with the Postmaster General under the Act of March 3, 1891, entitled "An Act to provide for ocean mail service between the United States and foreign ports, and to promote commerce," so long as such vessel shall in all respects comply with the provisions and requirements of said Act.]

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 11 (R.S. § 4132; Aug. 24, 1912, c. 390, § 5, 37 Stat. 562; Aug. 18, 1914, c. 256, § 1, 38 Stat. 698; Sept. 21, 1922, c. 356, § 321, 42 Stat. 947; June 30, 1932, c. 314, § 501, 47 Stat. 415, May 27, 1936, c. 463, § 1, 49 Stat. 1380; May 24, 1938, c. 265, 52 Stat. 437; Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; Sept. 21, 1959, Public Law 86327, § 1, 73 Stat. 597).

Although limiting registry to certain categories of vessels "and no others," R.S. § 4132, as amended, omitted mention of the eligibility for registry of wrecked and repaired vessels (sec. 251 of this act) and of vessels purchased, chartered, or leased from the Secretary of Commerce (sec. 252 of this act). Paragraphs (3) and (4) of subsection (a) of this section refer, respectively, to such vessels.

The words "its territories, Districts, or possessions, or the Commonwealth of Puerto Rico" have been inserted after "United States" in paragraph (1) of subsection (a) to reflect changes in the geographical composition of the "United States' subsequent to act Dec. 31, 1792, c. 1, § 2, 1 Stat. 288, R.S. § 4132.

Subsection (a) provides that, as a requisite to registry, a vessel of each class must belong "wholly to citizens of the United States." R.S. § 4132 provides for the registry of "vessels which may be captured in war by citizens of the United States and lawfully condemned as prize, or which may be adjudged to be forfeited for a breach of the laws of the United States" without specifying that such vessels at the time of registry must belong "wholly to citizens of the United States." The change made conforms to the administrative practice expressed in § 3.2, Customs Regulations (19 CFR 3.2), which refers to a class 4 vessel as "Any vessel captured by a citizen in a war to which the United States is a party, and which has been lawfully condemned as a prize and is wholly owned by a citizen." and to a class 5 vessel as "any vessel which has been judicially forfeited for a breach of the laws of the United States when wholly owned by a citizen. * * *”

The words "whether steam or sail” in paragraph (6) of subsection (a) have been deleted as surplusage in the light of the definition of "vessel" in section 101 of this

act.

The words "and, notwithstanding any other provision of law" have been inserted in paragraph (6) of subsection (a) to eliminate the inconsistency between that paragraph, which permits seagoing vessels wherever built (including foreignbuilt vessels) to be admitted to registry to engage in trade with the islands of Guam, Tutuila, Wake, Midway, and Kingman Reef, and act June 5, 1920, c.

250, § 27, 41 Stat. 998, as amended, 46 U.S.C. 883 (subsec. (a) of sec. 506 of this act), as made applicable to the island territories and possessions of the United States by act June 5, 1920, c. 250, § 21, 41 Stat. 997 (sec. 517 of this act), which prohibits the transportation of merchandise between points in the United States, including its territories and possessions embraced within the coastwise laws, in any other vessel than a vessel built in and documented under the laws of the United States and owned by persons who are U.S. citizens. See the penultimate paragraph of the note to section 506 of this act.

The definition of a citizen corporation in subsection (b) has been revised to include a corporation "organized and chartered under the laws of the United States or of any State, territory, District, or possession thereof, or of the Commonwealth of Puerto Rico" in lieu of a corporation "organized and chartered under the laws of the United States or of any State thereof." This is consistent with administrative practice, section 201 of this act, act Sept. 7, 1916, c. 451, § 2, as amended, 46 U.S.C. 802 (subsec. (b) of sec. 506 of this act), and act June 5, 1920, c. 250, § 27 A, as added Sept. 2, 1958, Public Law 85-902, 46 U.S.C. 883-1 (subsec. (a) of sec. 513 of this act). The change appears in harmony with the purpose of Public Law 86-327, Sept. 21, 1959, 73 Stat. 597, which further amended R.S. § 4132 and act Sept. 7, 1916, heretofore referred to, "to resolve a difference of interpretation between the Federal Maritime Administration and the Bureau of Customs with respect to the term 'citizen of the United States' as it is used in section 2 of the Shipping Act, 1916, and in the vessel documentation laws, by redefining the term" (S. Rept. No. 728, Aug. 18, 1959, to accompany H.R. 6888). Public Law 86-327, § 3, amended section 2 of the Shipping Act of 1916 (46 U.S.C. 802), and referred to a corporation "organized under the laws of the United States or of a State, Territory, District, or possession thereof" but in § 1, amending R.S. § 4132 (this section) referred to a corporation "organized and chartered under the laws of the United States, or of any State thereof." The change eliminates this inconsistency. The reference to "the Commonwealth of Puerto Rico" reflects the present status of this former possession. See act July 3, 1950, c. 446, §§ 1–6, 64 Stat. 319; § 1 of the constitution of Puerto Rico (48 U.S.C. 731b-e, 737). In accordance with administrative practice, the definition of a corporation as a citizen in subsection (b) has been made applicable to all of the classes of vessels enumerated in subsection (a), instead of being limited to vessels eligible under paragraph (5) of subsection (a) as heretofore.

The sentence "Foreign-built vessels registered pursuant to this act shall not engage in the coastwise trade" has been omitted as covered by section 514 of

this act.

The proviso has been eliminated as obsolete. See the note to section 514 of this act.

Changes have been made in arrangement and phraseology as required in the context of this act.

SEC. 206. SUSPENSION OF PROVISIONS FOR INSPECTION AND MEASUREMENT OF FOREIGN-BUILT VESSELS ADMITTED TO REGISTRY.[Under like conditions, in like manner, and to like extent the] The President [of the United States] is [also hereby] authorized, whenever in his discretion the needs of foreign commerce may require, to suspend by order, so far and for such length of time as he may deem desirable, the provisions of [the] law requiring [survey,] the inspection and measurement by officers or employees of the United States of foreign-built vessels admitted to [American] registry under paragraph (5) of subsection (a) of section 205 of this Act.

NOTE

This section is based on title 46, U.S.C. 1964 ed., § 2 (Aug. 18, 1914, c. 256, § 2, 38 Stat. 699).

The introductory clause has been revised to read "The President is authorized, whenever in his discretion the needs of foreign commerce may require, to suspend by order, so far and for such length of time as he may deem desirable," in lieu of "Under like conditions, in like manner, and to like extent the President of the United States is also hereby authorized to suspend" to eliminate the ambiguity inherent in the latter in this context. The language used is that of the first

paragraph of section 2, act Aug. 18, 1914, 46 U.S.C. 236 (subsec. (c) of sec. 201 of this act). The language eliminated is that of the second paragraph of section 2, act Aug. 18, 1914, 46 U.S.C. 82 (this section).

The words "of the United States" following "President" have been deleted as surplusage because "President" is defined as "President of the United States" in section 101 of this act.

The reference to "survey" has been deleted because the office of "surveyor" was abolished by act July 5, 1932, c. 430, title I, § 1, 47 Stat. 584 (19 U.S.C. 5a), and 1965 Reorganization Plan No. 1. The reference to inspection has been retained, although concerning a matter within the purview of the U.S. Coast Guard, because the section as a whole appears primarily to concern the establishment of conditions precedent to the admission of foreign-built vessels to registry.

The words "this Act" in the original referred to R.S. § 4132, as amended by act Aug. 24, 1912, c. 390, § 5, 37 Stat. 562 (par. (5) of subsec. (a) of sec. 205 of this act), as further amended by act Aug. 18, 1914 (this section).

Changes have been made in phraseology as required in the context of this act.

SEC. 207. PROVISIONAL CERTIFICATES OF REGISTRY TO VESSELS ABROAD. (a) Consular officers of the United States and such other persons as may from time to time be designated by the President for the purpose are [hereby] authorized to issue provisional certificates of registry to vessels abroad which have been purchased by citizens of the United States, including corporations [,] as [defined] described in [section 4132, Revised Statutes, as amended by the Panama Canal Act, the Act of August 18, 1914, and the Act of September 21, 1959] subsection (b) of section 205 of this Act.

[(a)] (b) Such a provisional certificate shall entitle the vessel to the privileges of a vessel of the United States in trade with foreign countries or with the islands of Guam, [and] Tutuila, Wake, Midway, and Kingman Reef until the expiration of six months from its date or until ten days after the vessel's arrival at a port of the United States whichever first happens, and no longer]. On arrival at a port of the United States the vessel shall become subject to the laws relating to officers, inspection, and measurement.

[(b)] (c) The Secretary [of the Treasury] shall prescribe the conditions in accordance with which such provisional certificates shall be issued and the manner in which they shall be surrendered in exchange for certificates of registry at ports of the United States.

[(c)] (d) The form of such provisional certificate shall be prescribed by the Secretary [of the Treasury] and shall include the name of the ship and of the master, time and place of purchase and names of purchasers, and the best particulars respecting her tonnage, build, description, and inspection or survey which the [consular] issuing officer is able to obtain.

[(d)] (e) Copies of such provisional certificates shall be forwarded as soon as practicable by the issuing officer to the Secretary [of the Treasury].

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 12 (Mar. 4, 1915, c. 172, § 1, 38 Stat. 1193; June 30, 1932, c. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, c. 463, § 1, 49 Stat. 1380; Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280).

The words "Wake, Midway, and Kingman Reef" have been inserted following "Tutuila" in subsection (b) of this section consistent with paragraph (5) of sub

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