AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET VESSEL, JOHN HENRY.

SEC. 428. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET VESSEL, JOHN HENRY. (a) Authority to Convey.— Notwithstanding any other law, the Secretary of Transportation (in this section referred to as “the Secretary”) may convey all right, title, and interest of the United States Government in and to the vessel JOHN HENRY (United States official number 599294) to a purchaser for use in humanitarian relief efforts, including the provision of water and humanitarian goods to developing nations. (b) Terms of Conveyance.— (1) Delivery of vessel.— In carrying out subsection (a), the Secretary shall deliver the vessel— (A) at the place where the vessel is located on the date of conveyance; (B) in its condition on that date; (C) at no cost to the United States Government; and (D) only after the vessel has been redesignated as not militarily useful. (2) Required conditions.— The Secretary may not convey a vessel under this section unless— (A) competitive procedures are used for sales under this section; (B) the vessel is sold for not less than the fair market value of the vessel in the United States, as determined by the Secretary of Transportation; (C) the recipient agrees that the vessel shall not be used for commercial transportation purposes or for the 112 STAT. 3443carriage of cargoes reserved to United States flag commercial vessels under section 901(b) and 90 If of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(b) and 1241f); (D) the recipient agrees to hold the Government harmless for any claims arising from exposure to hazardous material, including asbestos and polychlorinated biphenyls, after the conveyance of the vessel, except for claims arising before the date of the conveyance or from use of the vessel by the Government after that date; and (E) the recipient provides sufficient evidence to the Secretary that it has financial resources in the form of cash, liquid assets, or a written loan commitment of at least $100,000. (F) 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 national emergency. (G) the recipient agrees to document the vessel under chapter 121 of title 46, United States Code. (3) Additional terms.— The Secretary may require such additional terms in connection with the conveyance authorized by this section as the Secretary considers appropriate. (c) Proceeds.— Any amounts received by the United States as proceeds from the sale of the M/V JOHN HENRY shall be deposited in the Vessel Operations Revolving Fund established by the Act of June 2, 1951 (chapter 121; 46 U.S.C. App. 1241a) and shall be available and expended in accordance with section 6(a) of the National Maritime Heritage Act (16 U.S.C. App. 5405(a)).