Section 1724, act Mar. 21, 1945, ch. 30, § 4, 59 Stat. 37, related to rank and pay on retirement of appointees under former sections 1721-1725 of this Appendix. Section 1725, act Mar. 21, 1945, ch. 30, $ 5, 59 Stat. 37, provided for the termination of sections 1721-1725 of this Appendix six months after the termination of the wars in which the United States was engaged as proclaimed by the President or such earlier date as Congress, by concurrent resolution, might fix. Cessation of hostilities of World War II, eff. twelve o'clock noon, Dec. 31, 1946, was proclaimed by the President in 1946 Proc. No. 2714, Dec. 31, 1946, 12 F. R. 1. The Treaty of Peace with Japan, signed at San Francisco on Sept. 8, 1951, was ratified by the United States Senate on Mar. 20, 1952, and came into force on Apr. 28, 1952. See Termination of State of War notes set out preceding section 1 of this Appendix. 1738. Charter of vessels. (a) To citizens; publication of domestic prewar cost. (b) Rate of charter hire. (c) Laws applicable to charter hire. (d) Computation of charter hire where engaged in both foreign and domestic trade. (e) Proceedings and findings; extension of charters. (f) Charter of passenger vessels. 1738a. Termination of charters; exceptions. 1738b. Condition for chartering vessels. 1739. Sale of vessels to non-citizens; conditions; priority of mortgage on unpaid balance. 1740. Order of preference in sales and charters; determination; operation of commercial vessels by Government. 1741. Exchange of vessels. (a) Allowance as credit on purchase price; vessels acceptable. (b) Amount of allowance. (c) Transfers in settlement of claims. 1742. Price adjustment on prior sales to citizens. (a) Form, manner, and time of application. (c) Conditions binding on applicant. 1743. Limitation on eligibility for benefits under act. 1744. Composition of national defense reserve fleet; vessels available to State marine schools. 1745. Reconversion of vessels for normal commercial operation; applicability of other laws to construction contracts; coastwise trade; disposition of moneys; Great Lakes trade. Sec. 1745a. Great Lakes vessels accorded operation status of documented vessels. 1746. Quarterly reports to Congress. § 1735. Declaration of policy. (a) It is necessary for the national security and development and maintenance of the domestic and the export and import foreign commerce of the United States that the United States have an efficient and adequate American-owned merchant marine (1) sufficient to carry its domestic water-borne commerce and a substantial portion of its waterborne export and import foreign commerce and to provide shipping service on all routes essential for maintaining the flow of such domestic and foreign water-borne commerce at all times; (2) capable of serving as a naval and military auxiliary in time of war or national emergency; (3) owned and operated under the United States flag by citizens of the United States; (4) composed of the best-equipped, safest, and most suitable types of vessels, constructed in the United States and manned with a trained and efficient citizen personnel; and (5) supplemented by efficient American-owned facilities for shipbuilding and ship repair, marine insurance, and other auxiliary services. (b) It is declared to be the policy of this Act [sections 1735-1738, 1739-1745, and 1746 of this Appendix] to foster the development and encourage the maintenance of such a merchant marine. (Mar. 8, 1946, ch. 82, § 2, 60 Stat. 41.) SHORT TITLE Section 1 of act Mar. 8, 1946, provided that act Mar. 8, 1946, should be popularly known as "The Merchant Ship Sales Act of 1946" TERMINATION DATE Section 14 of act Mar. 8, 1946, as amended June 28, 1947, ch. 161, § 1, 61 Stat. 190; Feb. 27, 1948, ch. 78, § 1 (a), 62 Stat. 38; Feb. 27, 1949, ch. 12, 63 Stat. 9; June 29, 1949, ch. 281, § 1, 63 Stat. 349; June 30, 1950, ch. 427, § 1, 64 Stat. 308; Aug. 17, 1950, ch. 725, 64 Stat. 452, provided that: "No contract of sale shall be made under this Act [sections 1735-1738 and 1739-1746 of this Appendix] after January 15, 1951, and no contract of charter shall be made under this Act [sections 1735-1738 and 1739-1746 of this Appendix] after June 30, 1950, except as provided for charter under subsections (e) and (f) of section 5 hereof, as amended [section 1738 (e, f) of this Appendix]." DETERMINATION OF SELLING PRICE Elements to be considered in determination of the selling price of vessels, see section 864b of Title 46, Shipping. GREAT LAKES VESSELS Section 3 of act Sept. 28, 1950, ch. 1093, 64 Stat. 1078, provided: "Contracts for the sale of vessels for exclusive use on the Great Lakes, including the Saint Lawrence River and Gulf and their connecting waterways, may be made until December 31, 1950. Such contracts shall require that transfer to the Great Lakes of such vessels by the buyers shall be completed by December 31, 1951." § 1736. Definitions. As used in this Act [sections 1735-1738, 17391745, and 1746 of this Appendix] the term(a) "Secretary" means the Secretary of Commerce. (b) "War-built vessel" means an oceangoing vessel of one thousand five hundred gross tons or more, owned by the United States and suitable for commercial use (1) which was constructed or contracted for by or for the account of the United States during the period, beginning January 1, 1941, and ending with September 2, 1945; or (2) which, having been constructed during the period beginning September 3, 1939, and ending with September 2, 1945, was acquired by the United States during such period. (c) "Prewar domestic cost", as applied to any type of vessel, means the amount determined by the Secretary, and published by the Secretary in the Federal Register, to be the amount for which a standard vessel of such type could have been constructed (without its national defense features) in the United States under normal conditions relating to labor, materials, and other elements of cost, obtaining on or about January 1, 1941. In no case shall the prewar domestic cost of any type of vessel be considered to be greater than 80 percentum of the domestic war cost of vessels of the same type. (d) "Statutory sales price", as applied to a particular vessel, means, in the case of a dry-cargo vessel, an amount equal to 50 per centum of the prewar domestic cost of that type of vessel, and in the case of a tanker, such term means an amount equal to 872 per centum of the prewar domestic cost of a tanker of that type, such amount in each case being adjusted as follows: (1) If the Secretary is of the opinion that the vessel is not in class, there shall be subtracted the amount estimated by the Secretary as the cost of putting the vessel in class. (2) If the Secretary is of the opinion that the vessel lacks desirable features which are incorporated in the standard vessel used for the purpose of determining prewar domestic cost, and that the statutory sales price (unadjusted) would be lower if the standard vessel had also lacked such features, there shall be subtracted the amount estimated by the Secretary as the amount of such resulting difference in statutory sales price. (3) If the Secretary is of the opinion that the vessel contains desirable features which are not incorporated in the standard vessel used for the purpose of determining prewar domestic cost, and that the statutory sales price (unadjusted) would be higher if the standard vessel had also contained such features, there shall be added the amount estimated by the Secretary as the amount of such resulting difference in statutory sales price. (4) There shall be subtracted, as representing normal depreciation, an amount computed by applying to the statutory sales price (determined without regard to this paragraph) the rate of 5 per centum per annum for the period beginning with the date of the original delivery of the vessel by its builder and ending with the date of sale or charter to the applicant in question, and there shall also be subtracted an amount computed by applying to the statutory sales price (determined without regard to this paragraph) such rate not in excess of 3 per centum per annum in the case of a vessel other than a tanker, and not in excess of 4 per centum per annum in the case of a tanker, for such period or periods of war service as the Secretary determines will make reasonable allowance for excessive wear and tear by reason of war service which cannot be or has not been otherwise compensated for under this subsection. No adjustment, except in respect of passenger vessels constructed before January 1, 1941, shall be made under this Act [sections 1735-1738 and 1739-1746 of this Appendix] which will result in a statutory sales price which (1) in the case of dry-cargo vessels (except Liberty type vessels) will be less than 35 per centum of the domestic war cost of vessels of the same type, (2) in the case of any Liberty type vessel will be less than 312 per centum of the domestic war cost of vessels of such type, or (3) in the case of a tanker will be less than 50 per centum of the domestic war cost of tankers of the same type. For the purposes of this Act [said sections], except section 5 [section 1738 of this Appendix], all Liberty vessels shall be considered to be vessels of one and the same type (e) "Domestic war cost" as applied to any type of vessel means the average construction cost (without national defense features) as determined by the Secretary, of vessels of such type delivered during the calendar year 1944, except in case of any type of vessel the principal deliveries of which were made after the calendar year 1944, there shall be used in lieu of such year 1944 such period of not less than six consecutive calendar months as the Secretary shall find to be most representative of war production costs of such type. (f) "Cessation of hostilities" means the date proclaimed by the President as the date of the cessation of hostilities in the present war, or the date so specified in a concurrent resolution of the two Houses of the Congress, whichever is the earlier. (g) "Citizen of the United States" includes a corporation, partnership, or association only if it is a citizen of the United States within the meaning of section 2 of the Shipping Act of 1916, as amended [sections 802 and 803 of Title 461. The term "affiliated interest" as used in sections 9 and 10 of this Act [sections 1742 and 1743 of this Appendix] includes any person affiliated or associated with a citizen applicant for benefits under this Act [sections 1735-1738, 1739-1745, and 1746 of this Appendix] who the Secretary, pursuant to rules and regulations prescribed hereunder, determines should be so included in order to carry out the policy and purposes of this Act [sections 1735-1738, 1739-1745, and 1746 of this Appendix]. (Mar. 8, 1946, ch. 82, § 3, 60 Stat. 41; 1950 Reorg. Plan No. 21, §§ 204, 306, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1276, 1277.) REFERENCES IN TEXT "Cessation of hostilities", referred to in subsec. (f), was proclaimed at 12 o'clock noon on Dec. 31, 1946 by 1946 Proc. No. 2714, 12 F. R. 1, set out as a note under section 601 of this Appendix. TRANSFER OF FUNCTIONS "Secretary of Commerce" and "Secretary" were substituted for "United States Maritime Commission" and "Commission" on authority of 1950 Reorg. Plan No. 21. See note set out under section 133z-15 of Title 5, Executive Departments and Government Officers and Employees. All executive and administrative functions of the United States Maritime Commission were transferred to the Chairman thereof by 1949 Reorg. Plan No. 6, eff. Aug. 19, 1949, 14 F.R. 5228, 63 Stat. 1069. See note set out under section 1332-15 of Title 5, Executive Departments and Government Officers and Employees. § 1737. Sales of vessels to citizens; sales price; down payment and installment payments; restrictions on vessel operation. (a) Any citizen of the United States may make application to the Secretary to purchase a warbuilt vessel, under the jurisdiction and control of the Secretary, at the statutory sales price. If the Secretary determines that the applicant possesses the ability, experience, financial resources, and other qualifications, necessary to enable him to operate and maintain the vessel under normal competitive conditions, and that such sale will aid in carrying out the policies of this Act [sections 17351738, 1739-1745, and 1746 of this Appendix], the Secretary shall sell such vessel to the applicant at the statutory sales price. (b) At the time of sale, the purchaser shall pay to the Secretary at least 25 per centum of the statutory sales price. The balance of the statutory sales price shall be payable in not more than twenty-five equal annual installments, with interest on the portion of the statutory sales price remaining unpaid, at the rate of 31⁄2 per centum per annum, or shall be payable under such other amortization provisions which permit the purchaser to accelerate payment of the unpaid balance as the Secretary deems satisfactory. The obligation of the purchaser with respect to payment of such unpaid balance with interest shall be secured by a preferred mortgage on the vessel sold. (c) The contract of sale, and the mortgage given to secure the payment of the unpaid balance of the purchase price, shall not restrict the lawful or proper use or operation of the vessel. (Mar. 8, 1946, ch. 82, § 4, 60 Stat. 43; 1950 Reorg. Plan No. 21, §§ 204, 306, eff. May 24, 1950, 15 F. R. 3178, 64 Stat. 1276, 1277; June 12, 1960, Pub. L. 86-518, § 1, 74 Stat. 216.) AMENDMENTS 1960 Subsec. (b). Pub. L. 86-518 substituted "twentyfive equal annual installments" for "twenty equal annual installments." EFFECTIVE DATE OF 1960 AMENDMENT Amendment of this section by Pub. L. 86-518 applicable only to vessels delivered by the shipbuilder on or after Jan. 1, 1946, and with respect to such vessels shall become effective on Jan. 1, 1960, and with respect to vessels delivered by the shipbuilder before Jan. 1, 1946, the provisions of the Merchant Marine Act, 1936 [section 1101 et seq. of Title 46, Shipping], existing immediately before June 12, 1960, shall continue in effect, see section 8(a) of Pub. L. 86-518, set out as a note under section 1125 of Title 46, Shipping. TRANSFER OF FUNCTIONS "Secretary" (meaning Secretary of Commerce) was substituted for "Commission" (meaning United States Maritime Commission) on authority of 1950 Reorg. Plan No. 21. See note set out under section 133z-15 of Title 5, Executive Departments and Government Officers and Employees. All executive and administrative functions of the United States Maritime Commission were transferred to the Chairman thereof by 1949 Reorg. Plan No. 6, eff. Aug. 19, 1949, 14 F.R. 5228, 63 Stat. 1069. See note set out under section 133z-15 of Title 5, Executive Departments and Government Officers and Employees. REVISION OF CONTRACTS, COMMITMENTS TO INSURE MORTGAGES, MORTGAGES, AND MORTGAGE INSURANCE CONTRACTS ENTERED INTO PRIOR TO JUNE 12, 1960 For provisions authorizing revision, see section 8(c) of Pub. L. 86-518, set out as a note under section 1125 of Title 46, Shipping. COMMERCIAL EXPECTANCY OR PERIOD OF DEPRECIATION OF TANKERS AND OTHER LIQUID BULK CARRIERS Nothing in any amendment made by Pub. L. 86-518 to operate or be interpreted to change from 20 to 25 years the provisions of the Merchant Marine Act, 1936 [section 1101 et seq. of Title 46, Shipping], relating to the commercial expectancy or period of depreciation of any tanker or other liquid bulk carrier, see section 9 of Pub. L. 86-518, set out as a note under section 1125 of Title 46, Shipping. § 1738. Charter of vessels. (a) To citizens; publication of domestic prewar cost. Any citizen of the United States and, until July 4, 1946, any citizen of the Commonwealth of the Philippines, may make application to the Secretary to charter a war-built dry-cargo vessel, under the jurisdiction and control of the Secretary for bare-boat use. The Secretary may, in his discretion, either reject or approve the application, but shall not so approve unless in his opinion the chartering of such vessel to the applicant would be consistent with the policies of this Act [sections 1735-1738, 1739-1745, and 1746 of this Appendix] No vessel shall be chartered under this section until sixty days after publication of the applicable prewar domestic cost in the Federal Register under subsection 3(c) of this Act [section 1736 (c) of this Appendix]. (b) Rate of charter hire. The charter hire for any vessel chartered under the provisions of this section shall be fixed by the Secretary at such rate as the Secretary determines to be consistent with the policies of this Act [sections 1735-1738, 1739-1745, and 1746 of this Appendix]. Except in the case of vessels having passenger accommodations for not less than eighty passengers rates of charter hire fixed by the Secretary on any war-built vessel which differ from the rate specified in this subsection shall not be less than the prevailing world market charter rates for similar vessels for similar use as determined by the Secretary. (c) Laws applicable to charter hire. The provisions of sections 708, 709, 710, 712, and 713, of the Merchant Marine Act, 1936, as amended [sections 1198-1200, 1202, and 1203 of Title 46], shall be applicable to charters made under this section. (d) Computation of charter hire where engaged in both foreign and domestic trade. When an operator is engaged both in the foreign trade and in the domestic trade (coastwise or intercoastal), additional charter hire determined with reference to voyage profits of the chartered vessels, under regulations promulgated by the Secretary, shall be computed, accounted for, and paid separately on such foreign trade and shall be computed, accounted for, and paid separately on such domestic trade, covering all voyages commencing subsequent to June 30, 1947. (e) Proceedings and findings; extension of charters. (1) Notwithstanding the provisions of sections 11 and 14 of this Act, as amended Isections 1744 and 1735 note of this Appendix], war-built dry-cargo vessels owned by the United States on or after June 30, 1950, may be chartered pursuant to this Act [sections 1735-1738, 1739-1745, and 1746 of this Appendix] for bareboat use in any service which, in the opinion of the Federal Maritime Board, is required in the public interest and is not adequately served, and for which privately owned American flag vessels are not available for charter by private operators on reasonable conditions and at reasonable rates for use in such service. No charters shall be made by the Secretary of Commerce under authority of this subsection until the Federal Maritime Board shall have given due notice to all interested parties and shall have afforded such parties an opportunity for a public hearing on such charters and shall have certified its findings to the Secretary of Commerce. The Secretary of Commerce is authorized to include in such charters such restrictions and conditions as the Federal Maritime Board determines to be necessary or appropriate to protect the public interest in respect of such charters and to protect privately owned vessels against competition from vessels chartered under this section: Provided, however, That all such charters shall contain a provision that they will be reviewed annually by the Federal Maritime Board, with recommendations to the Secretary of Commerce, for the purpose of determining whether conditions exist justifying continuance of the charters under the provisions of this subsection. (2) A charter existing on June 30, 1950, with respect to a war-built dry-cargo vessel may be extended to October 31, 1950, if application is made within ten days after the enactment hereof [June 30, 1950] for the charter of such vessel under this subsection and if the Secretary of Commerce deems such extension is justified in accordance with the provisions of subdivision (1) of this subsection: Provided, however, That a new voyage under such extended charter shall not be begun after October 31, 1950, unless it has been determined prior to such date, in accordance with the procedure set forth in this subsection, that the continued use of the vessel in the service is required. The Federal Maritime Board shall conduct all hearings on applications made under this paragraph immediately upon receipt thereof and shall promptly certify its findings to the Secretary of Commerce, provided that all such certifications shall be made not later than October 31. 1950. (f) Charter of passenger vessels. (1) Notwithstanding the provisions of sections 11 and 14 of this Act, as amended [sections 1744 and 1735 note of this Appendix], the Secretary of Commerce may charter any passenger vessel, whether or not war-built, owned by the United States on or after June 30, 1950, pursuant to title VII of the Merchant Marine Act, 1936, as amended [subchapter VII of chapter 27 of Title 461, and may charter any war-built passenger vessel owned by the United States for use in the domestic trade of the United States, under the conditions prescribed for the charter of war-built cargo vessels in subsection (e) of this section. (2) Charters existing on June 30, 1950, with respect to passenger vessels may be continued until December 31, 1951, or until expiration thereof by the terms of their provisions. (Mar. 8, 1946, ch. 82, § 5, 60 Stat. 43; June 28, 1947, ch. 161, § 2, 61 Stat. 191; 1950 Reorg. Plan No. 21, §§ 204, 306, eff. May 24, 1950, 15 F. R. 3178, 64 Stat. 1276, 1277; June 30, 1950, ch. 427, § 3, 64 Stat. 308; Aug. 31, 1954, ch. 1175, 68 Stat. 1050.) AMENDMENTS 1954 Subsec. (f) (1). Act Aug. 31, 1954, allowed the chartering of war-built passenger vessels. 1950 Subsecs. (e) and (f). Act June 30, 1950, added subsecs. (e) and (b). 1947-Subsec. (d). Act June 28, 1947, added subsec. (d). ABOLITION OF FEDERAL MARITIME BOARD AND TRANSFER OF FUNCTIONS Section 304 of 1961 Reorg. Plan No. 7, effective Aug. 12. 1961, 26 F.R. 7315, 75 Stat. 840, set out as a note under section 133z-15 of Title 5, Executive Departments and Government Offices and Employees, abolished the Federal Maritime Board, referred to in subsection (e) of this section, including the offices of the members of the Board. Functions of the Board were transferred either to the Federal Maritime Commission or to the Secretary of Commerce by sections 103 and 202 of 1961 Reorg. Plan No. 7. ABOLITION OF UNITED STATES MARITIME COMMISSION AND TRANSFER OF FUNCTIONS All functions of the United States Maritime Commission and of the Chairman of said Commission were transferred to the Secretary of Commerce, except as otherwise provided in Part I, by 1950 Reorg. Plan No. 21, §§ 204, 306, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1273, set out as a note under section 133z-15 of Title 5, Executive Departments and Government Officers and Employees, which abolished the United States Maritime Commission. "Secretary" (meaning Secretary of Commerce) was substituted for "Commission" (meaning United States Maritime Commission) in the text of subsecs. (a-d) and words "but, except upon the affirmative vote of not less than four members of the Commission, such rate shall not be less than 15 per centum per annum of the statutory sales price (computed as of the date of charter)." were omitted preceding the exception provision in the text of subsec. (b), on authority of 1950 Reorg. Plan No. 21. All executive and administrative functions of the United States Maritime Commission were transferred to the Chairman thereof by 1949 Reorg. Plan No. 6, eff. Aug. 19, 1949, 14 F.R. 5228, 63 Stat. 1069. See note set out under section 133z-15 of Title 5, Executive Departments and Government Officers and Employees. AUTHORIZATION FOR PAYMENTS BY SECRETARY OF COMMERCE TO PERSONS TO WHOM HE CHARTERED VESSELS Pub. L. 85-721, Aug. 21, 1958, 72 Stat. 710, provided: "That the Secretary of Commerce is authorized to pay to any person to whom he has chartered any vessel under authority of section 5 of the Merchant Ship Sales Act of 1946, as amended (50 U.S.C. App., sec. 1738) [this section], out of the Vessel Operations Revolving Fund established in chapter VIII of the Third Supplemental Appropriations Act, 1951 (46 US.C., sec. 1241a), an amount equal to the fair and reasonable expenses incurred by such person, as determined by the Maritime Administrator, during the calendar year beginning January 1, 1957, to activate such vessel. Such amount shall be reduced by the amount of the difference, as determined by the Maritime Administrator, between the charter hire which such person paid for such vessel, and the charter hire which was paid for similar vessels which the United States activated at its own expense during such calendar year." § 1738a. Termination of charters; exceptions. Any charter (except one in respect of a passenger vessel) in effect at the time of the enactment of this joint resolution [June 29, 1949] shall be terminated by the Commission or the Secretary of Commerce at the earliest date permitted under the terms thereof after June 30, 1949, unless the charterer enters into an agreement with the Commission or the Secretary that each vessel delivered or retained under such charter shall not be redelivered to the Commission or the Secretary, at the option of the charterer, within less than six months for liner services, except United States continental coastwise and intercoastal services and services between continental United States ports and Alaska, or four months for bulk services and United States continental coastwise and intercoastal services and services between continental United States ports and Alaska, or for the remainder of the period ending June 30, 1950, if such period is less than said periods of six or four months, respectively. No charter (except one in respect of a passenger vessel) shall be made by the Commission or the Secretary under authority of this joint resolution or after the date of enactment thereof [June 29, 19491 unless the charterer enters into an agreement with the Commission or the Secretary that each vessel delivered or retained under the terms of such charter shall not be redelivered to the Commission or the Secretary, at the option of the charterer, within less than six months for liner services, except United States continental coastwise and intercoastal services and services between continental United States ports and Alaska, or four months for bulk services and United States continental coastwise and intercoastal services and services between continental United States ports and Alaska, or for the remainder of the period ending June 30, 1950, if such period is less than said periods of said six and four months, respectively: Provided, however, That no vessel (except a passenger vessel) so chartered may begin a new voyage after June 30, 1950. (June 29, 1949, ch. 281, § 2, 63 Stat. 349; 1950 Reorg. Plan No. 21, §§ 204, 306, eff. May 24, 1950, 15 F. R. 3178, 64 Stat. 1276, 1277.) CODIFICATION Section was not enacted as a part of the "Merchant Ship Sales Act of 1946" which comprises sections 1735-1738, 1739-1745, and 1746 of this Appendix. TRANSFER OF FUNCTIONS Words "or the Secretary of Commerce" and "or the Secretary" were inserted throughout the text to conform with 1950 Reorg. Plan No. 21. See note set out under section 133z-15 of Title 5. Executive Departments and Government Officers and Employees. All executive and administrative functions of the United States Maritime Commission were transferred to the Chairman thereof by 1949 Reorg. Plan No. 6, eff. Aug. 19, 1949, 14 F.R. 5228, 63 Stat. 1069. See note set out under section 133z-15 of Title 5, Executive Departments and Government Officers and Employees. § 1738b. Condition for chartering vessels. No additional vessels shall be allocated under charter, nor shall any vessel be continued under charter by reason of any extension of chartering authority beyond June 3, 1949, unless the charterer shall agree that the Maritime Administration shall have no obligation upon redelivery to accept or pay for consumable stores, bunkers, and slop-chest items, except with respect to such minimum amounts of bunkers as the Maritime Administration considers advisable to be retained on the vessel and that prior to such redelivery all consumable stores, slop-chest items, and bunkers over and above such minimums shall be removed from the vessel by the charterer at his own expense. (Pub. L. 88-527, title III, § 301, Aug. 31, 1964, 78 Stat. 726.) CODIFICATION Section was enacted as a part of the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1965, and not as a part of the Merchant Ship Sales Act of 1946, which comprises sections 1735-1738, 1739-1745, and 1746 of this Appendix. SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: 1963-Dec. 30, 1963, Pub. L. 88-245, title III, § 301, 77 Stat. 791. 1962-Oct. 18, 1962, Pub. L. 87-843, title III, § 301, 76 Stat. 1093. 1961-Aug. 3, 1961, Pub. L. 87-125, title II, § 201, 75 Stat. 274. 1960-May 13, 1960, Pub. L. 86-451, title I, § 101, 74 Stat. 97. 1959-July 13, 1959, Pub. L. 86-88, title I, § 101, 73 Stat. 204. 1958-June 25, 1958, Pub. L. 85-469, title I, § 101, 72 Stat. 231. 1957-June 13, 1957, Pub. L. 85-52, title I, § 101, 71 Stat. 74. 1956-June 20, 1956, ch. 415, title 1, § 101, 70 Stat. 318. 1955-June 30, 1955, ch. 253, title I, § 101, 69 Stat. 231. 1954 July 2, 1954, ch. 456, title III, § 301, 68 Stat. 426. 1953-Aug. 5, 1953, ch. 328, title III, § 301, 67 Stat. 381. 1952-July 5, 1952, ch. 578, title II, § 201, 66 Stat. 414. 1951-Aug. 31, 1951, ch. 376, title II, § 201, 65 Stat. 286. 1950-Sept. 6, 1950, ch. 896, ch. VIII, title I, § 101, 64 Stat. 717. 1949-Oct. 10, 1949, ch. 662, title I, § 101, 63 Stat. 743. § 1739. Sale of vessels to non-citizens; conditions; priority of mortgage on unpaid balance. (a) Any person not a citizen of the United States may make application to the Secretary to purchase a war-built vessel (other than a P-2 type or other passenger type and other than a Liberty type collier or tanker), under the jurisdiction and control of the Secretary. If the Secretary determines (1) that the applicant has the financial resources, ability, and experience necessary to enable him to fulfill all obligations with respect to payment of any deferred portion of the purchase price, and that sale of the vessel to him would not be inconsistent with any policy of the United States in permitting foreign sales under section 9 of the Shipping Act, 1916, as amended [section 808 of Title 46]; and (2) after consultation with the Secretary of the Navy, that such vessel is not necessary to the defense of the United States; and (3) that such vessel is not necessary to the promotion and maintenance of an American merchant marine described in section 2 [section 1735 of this Appendix]; and (4) that for a reasonable period of time, which in the case of tankers and "C" type vessels shall not end before ninety days after publication of the applicable prewar domestic cost in the Federal Register under subsection 3(c) of this Act [section 1736(c) of this Appendix], such vessel has been available for sale at the statutory sales price to citizens of the United States, or for charter under |