V

103D CONGRESS

2D SESSION H. R. 4383

To authorize the Secretary of Transportation to convey the vessel S/S AMERICAN VICTORY to the Battle of the Atlantic Historical Society for

use as a Merchant Marine memorial, for historical preservation, and

for educational activities.

IN THE HOUSE OF REPRESENTATIVES

MAY 10, 1994

Mr. MANTON introduced the following bill; which was referred to the

Committee on Merchant Marine and Fisheries

A BILL

To authorize the Secretary of Transportation to convey the

vessel S/S AMERICAN VICTORY to the Battle of the

Atlantic Historical Society for use as a Merchant Marine

memorial, for historical preservation, and for educational

activities.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. AUTHORITY TO CONVEY VESSEL.

4 (a) IN GENERAL.—Notwithstanding any other law,

5 the Secretary of Transportation may convey the right,

6 title, and interest of the United States Government in and

7 to the vessel S/S AMERICAN VICTORY (Victory Ship
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1 VC2–S–AP3; United States official number 248005) to

2 the Battle of the Atlantic Historical Society (in this sec3 tion referred to as ‘‘the recipient’’), if—

4 (1) the recipient agrees to use the vessel for the

5 purposes of a Merchant Marine memorial, historical

6 preservation, and educational activities;

7 (2) the vessel is not used for commercial trans8 portation purposes;

9 (3) the recipient agrees to make the vessel

10 available to the Government if the Secretary requires

11 use of the vessel by the Government for war or a na12 tional emergency;

13 (4) the recipient agrees that when the recipient

14 no longer requires the vessel for use for the purposes

15 described in paragraph (1)—

16 (A) the recipient will, at the discretion of

17 the Secretary, reconvey the vessel to the Gov18 ernment in good condition except for ordinary

19 wear and tear; or

20 (B) if the recipient has decided to dissolve

21 according to the laws of the State of New York,

22 then—

23 (i) the recipient shall distribute the

24 vessel, as an asset of the recipient, to a

25 person that is described in section
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1 501(c)(3) of the Internal Revenue Code of

2 1986 (26 U.S.C. 501(c)(3)) and that is ex3 empt from taxation under section 501(a)

4 of that Code (26 U.S.C. 501(a)), or to the

5 Federal Government or a State or local

6 government for a public purpose; and

7 (ii) the vessel shall be disposed of by

8 a court of competent jurisdiction of the

9 county in which the principal office of the

10 recipient is located, for such purposes as

11 the court shall determine, or to such orga12 nizations as the court shall determine are

13 organized exclusively for public purposes;

14 (5) the recipient agrees to hold the Government

15 harmless for any claims arising from exposure to as16 bestos after conveyance of the vessel, except for

17 claims arising from use by the Government under

18 paragraph (3) or (4);

19 (6) the recipient has available, for use to re20 store the vessel, in the form of cash, liquid assets,

21 or a written loan commitment, financial resources of

22 at least $100,000; and

23 (7) the recipient is described in section

24 501(c)(3) of the Internal Revenue Code of 1986 (26

25 U.S.C. 501(c)(3)) and is exempt from taxation
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1 under section 501(a) of that Code (26 U.S.C.

2 501(a)).

3 (b) DELIVERY OF VESSEL.—If a conveyance is made

4 under this section, the Secretary shall deliver the vessel

5 at the place where the vessel is located on the date of en6 actment of this Act, in its present condition, without cost

7 to the Government.

8 (c) OTHER UNNEEDED EQUIPMENT.—The Secretary

9 may convey to the recipient any unneeded equipment from

10 other vessels in the National Defense Reserve Fleet for

11 use to restore the S/S AMERICAN VICTORY to museum

12 quality.

13 (d) RETENTION OF VESSEL IN NDRF.—The Sec14 retary shall retain in the National Defense Reserve Fleet

15 the vessel authorized to be conveyed under subsection (a),

16 until the earlier of—

17 (1) 2 years after the date of the enactment of

18 this Act; or

19 (2) the date of conveyance of the vessel under

20 subsection (a).

21 (e) REVERSIONARY INTEREST OF THE UNITED

22 STATES.—All right, title, and interest in and to a vessel

23 that is conveyed under subsection (a) to and held by the

24 recipient shall revert to the United States at any time that

25 it is finally determined that the recipient is not exempt
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1 from taxation under section 501(a) of the Internal Reve2 nue Code of 1986 (26 U.S.C. 501(a)).

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