Qualified withdrawals

  1. Law
  2. USC 46
  3. Shipping
  4. Merchant Marine
  5. Financial Assistance Programs
  6. CAPITAL CONSTRUCTION FUNDS
  7. Qualified withdrawals

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§53509. Qualified withdrawals

(a) In General.-Subject to subsection (b), a withdrawal from a capital construction fund is a qualified withdrawal if it is made under the terms of the agreement and is for-

(1) the acquisition, construction, or reconstruction of a qualified vessel or a barge or container that is part of the complement of a qualified vessel; or

(2) the payment of the principal on indebtedness incurred in the acquisition, construction, or reconstruction of a qualified vessel or a barge or container that is part of the complement of a qualified vessel.


(b) Barges and Containers.-Except as provided in regulations prescribed by the Secretary, subsection (a) applies to a barge or container only if it is constructed in the United States.

(c) Treatment as Nonqualified Withdrawal.-Under joint regulations, if the Secretary determines that a substantial obligation under an agreement is not being fulfilled, the Secretary, after notice and opportunity for a hearing to the person maintaining the fund, may treat any amount in the fund as an amount withdrawn from the fund in a nonqualified withdrawal.

( Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1596 .)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
53509 46 App.:1177(f). June 29, 1936, ch. 858, title VI, §607(f), 49 Stat. 2005 ; June 23, 1938, ch. 600, §§23–28, 52 Stat. 960 ; Aug. 4, 1939, ch. 417, §10, 53 Stat. 1185 ; July 17, 1952, ch. 939, §§17–19, 66 Stat. 764 ; Pub. L. 85–637, Aug. 14, 1958, 72 Stat. 216 ; Pub. L. 86–518, §1, June 12, 1960, 74 Stat. 216 ; Pub. L. 87–45, §6, May 27, 1961, 75 Stat. 91 ; Pub. L. 87–271, Sept. 21, 1961, 75 Stat. 570 ; restated Pub. L. 91–469, §21(a), Oct. 21, 1970, 84 Stat. 1029 ; Pub. L. 97–31, §12(97)(A), Aug. 6, 1981, 95 Stat. 162 .

In subsection (c), the words "any amount in the fund" are substituted for "the entire fund or any portion thereof" to eliminate unnecessary words.


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