An Act to authorize the foreign sale of certain passenger vessels
PL 92-296 (H.R.11589), enacted 05/16/1972

140 
PUBLIC LAW 92-296-MAY 16, 1972 
[86 
STAT. 
May 16, 1972 
[H, R.11589] 
Public Law 92-296 
AN ACT 
To authorize the foreign sale of certain passenger vessels. 
Certain passen-
ger vessels. 
Foreign sale. 
75 Stat. 89. 
46 u s e 1183. 
Approval con-
ditions. 
49 Stat. 1985. 
46 u s e 1245. 
53 Stat. 1255; 
70 Stat. 985. 
40 Stat. 901; 
79 Stat. 1305. 
Surety bond. 
Agreement, 
enforcement. 
SS United 
States, 
purchase. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assembled, Notwithstanding 
any other provision of law or of prior contract with the United States, 
any vessel heretofore operated as a passenger vessel, as defined in sec-
tion 613(a) of the Merchant Marine Act, 1936, as amended, under an 
operating-differential subsidy contract with the United States and 
now in inactive or lay 
up status, except the steamship Independence 
and the steamship United States, may be sold and transferred to for-
eign ownership, registry, and flag, with the prior approval of the 
Secretary of Commerce. Such approval shall require (1) approval of 
the purchaser; (2) payment of existing debt and private obligations 
related to the vessel; (3) approval of the price, including terms of 
payment, for the sale of the vessel; (4) the seller to enter into an 
agreement with the Secretary whereby an amount equal to the net 
proceeds received from such sale in excess of existing obligations and 
expenses incident to the sale shall within a reasonable period not to 
exceed twelve months of receipt be committed and thereafter be used 
as equity capital for the construction of new vessels which the Sec-
retary determines are built to effectuate the purposes and policy of 
the Merchant Marine Act, 1936, as amended; and (5) the purchaser to 
enter into an agreement with the Secretary, binding upon such pur-
chaser and any later owner of the vessel and running with title to the 
vessel, that (a) the vessel will not carry passengers or cargo in com-
])etition, as determined by the Secretary, with any United States-flag 
passenger vessel for a period of two years from the date the transferred 
vessel goes into operation; (b) the vessel will be made available to 
the United States in time of emergency and just compensation for title 
or use, as the case may be, shall be paid in accordance with section 
902 of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1242); 
(c) the purchaser will comply with such further conditions as the 
Secretary may impose as authorized by sections 9, 37, and 41 of the 
Shipping Act, 1916, as amended (46 U.S.C. 808, 835, and 839); and 
(d) the purchaser will furnish a surety bond in an amount and with a 
surety satisfactory to the Secretary to secure performance of the fore-
going agreements. 
In addition to any other provision such agreements may contain for 
enforcement of (4) and (5) above, the agreements therein required 
may be specitically enforced by decree for specific performance or 
injunction in any district court of the United States. In the agreement 
with the Secretary thes purchaser shall irrevocably appoint a corporate 
agent within the United States for service of process upon such pur-
chaser in any action to enforce the agreement. 
SEC. 2. The Secretary of Commerce is authorized and directed to 
purchase the steamship United States, as is, where is, at the depreciated 
cost of the vessel to the owner, as determined by the Secretary of 
Commerce, less the unpaid principal and interest on the mortgage on 
the vessel, for layup in the National Defense Keserve Fleet and opera-
tion for the account of any agency or department of the United States 
during any period in which vessels may be requisitioned under section 
902 of the Merchant Marine Act, 1936, and/or for sale or charter to 
86 STAT. ] 
PUBLIC LAW 92-297-MAY 16, 1972 
141 
a qualitied oi^erator for operation under the American flag. The depre- ^o^t^com'^^urfio 
elated cost of the vessel to the owner shall be computed on the schedule ''°* '^O'^P" 
adopted by the Internal Eevenue Service for income tax purposes. 
Such determination shall be final. The Secretary of Commerce shall 
require the owner of the vessel to agree that it will paj all existing 
private obligations related to the vessel, and that it will commit an 
amount equal to the net proceeds received from such sale in excess 
of existing obligations and expenses incident to the sale, within a 
reasonable period not to exceed twelve months of leceipt. as equity 
capital for the construction of new vessels which the Secretary deter-
mines are built to effectuate the purposes and policy of the Aierchant 
Marine Act, 1936, as amended. 
49 stat. i985. 
' 
' 
46 u s e 1245. 
Approved May 16, 1972. 
Public Law 92-297 
AN ACT 
May 16, 1972 
To amend title 5, United States Code, to provide a career program for, and 
[H. R. 8083] 
greater flexibility in management of, air traflic controllers, and for other 
purposes. 
Air traffic con-
troller career 
programs. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That (a) chapter 
21 of title 5, United States Code, is amended by adding the following 
new section at the end thereof: 
so stat. 408 
5 u s e 2101 
"§ 2109. Air traffic controller 
"For the purpose of this title, 'air traffic controller' or 'controller' 
means an employee of the Department of Transportation who is 
actively engaged in the separation and control of air traffic, or who 
is the immediate supervisor of an employee actively engaged in the 
separation and control of air traffic, in an air traffic control facility. 
The Secretary of Transportation may prescribe regulations to deter-
mine the application of this section.". 
(b) The analysis of chapter 21 of title 5, United States Code, is 
amended by adding the following new item at the end thereof: 
•'2109. Air traffic controller.". 
SEC. 2. (a) Section 3307 of title 5, United States Code, is amended 
to read as follows: 
"§ 3307. Competitive service; maximumrage entrance require-
ments; exceptions 
"(a) Except as provided in subsections (b) and (c) of this section, 
appropriated funds may not be used to pay an employee who estab-
lishes a maximum-age requirement for entrance into the competitive 
service, 
"(b) The Secretary of Transportation may, with the concurrence 
of such agent as the President may designate, determine and fix the 
maximum limit of age within which an original appointment to a 
position as an air traffic controller may be made.