V
103D CONGRESS
2D SESSION
H. R. 4383
To authorize the Secretary of Transportation to convey the vessel S/S AMER-
ICAN 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AUTHORITY TO CONVEY VESSEL.
(a) IN GENERAL.—Notwithstanding any other law,
the Secretary of Transportation may convey the right,
title, and interest of the United States Government in and
to the vessel S/S AMERICAN VICTORY (Victory Ship
VC2–S–AP3; United States official number 248005) to
the Battle of the Atlantic Historical Society (in this sec-
tion referred to as ‘‘the recipient’’), if—
(1) the recipient agrees to use the vessel for the
purposes of a Merchant Marine memorial, historical
preservation, and educational activities;
(2) the vessel is not used for commercial trans-
portation purposes;
(3) the recipient agrees to make the vessel
available to the Government if the Secretary requires
use of the vessel by the Government for war or a na-
tional emergency;
(4) the recipient agrees that when the recipient
no longer requires the vessel for use for the purposes
described in paragraph (1)—
(A) the recipient will, at the discretion of
the Secretary, reconvey the vessel to the Gov-
ernment in good condition except for ordinary
wear and tear; or
(B) if the recipient has decided to dissolve
according to the laws of the State of New York,
then—
(i) the recipient shall distribute the
vessel, as an asset of the recipient, to a
person 
that 
is 
described 
in 
section
501(c)(3) of the Internal Revenue Code of
1986 (26 U.S.C. 501(c)(3)) and that is ex-
empt from taxation under section 501(a)
of that Code (26 U.S.C. 501(a)), or to the
Federal Government or a State or local
government for a public purpose; and
(ii) the vessel shall be disposed of by
a court of competent jurisdiction of the
county in which the principal office of the
recipient is located, for such purposes as
the court shall determine, or to such orga-
nizations as the court shall determine are
organized exclusively for public purposes;
(5) the recipient agrees to hold the Government
harmless for any claims arising from exposure to as-
bestos after conveyance of the vessel, except for
claims arising from use by the Government under
paragraph (3) or (4);
(6) the recipient has available, for use to re-
store the vessel, in the form of cash, liquid assets,
or a written loan commitment, financial resources of
at least $100,000; and
(7) the recipient is described in section
501(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 501(c)(3)) and is exempt from taxation
under section 501(a) of that Code (26 U.S.C.
501(a)).
(b) DELIVERY OF VESSEL.—If a conveyance is made
under this section, the Secretary shall deliver the vessel
at the place where the vessel is located on the date of en-
actment of this Act, in its present condition, without cost
to the Government.
(c) OTHER UNNEEDED EQUIPMENT.—The Secretary
may convey to the recipient any unneeded equipment from
other vessels in the National Defense Reserve Fleet for
use to restore the S/S AMERICAN VICTORY to museum
quality.
(d) RETENTION OF VESSEL IN NDRF.—The Sec-
retary shall retain in the National Defense Reserve Fleet
the vessel authorized to be conveyed under subsection (a),
until the earlier of—
(1) 2 years after the date of the enactment of
this Act; or
(2) the date of conveyance of the vessel under
subsection (a).
(e) REVERSIONARY
INTEREST
OF
THE
UNITED
STATES.—All right, title, and interest in and to a vessel
that is conveyed under subsection (a) to and held by the
recipient shall revert to the United States at any time that
it is finally determined that the recipient is not exempt
from taxation under section 501(a) of the Internal Reve-
nue Code of 1986 (26 U.S.C. 501(a)).
Æ