to the Governor of the Canal Zone" and inserting in lieu (C) in the first sentence of subsection (b), by striking out (D) in the first sentence of subsection (b), by striking out "or from funds of the Panama Canal Company"; (E) in the second sentence of subsection (b), by striking out "Governor of the Canal Zone" and inserting "Panama Canal Commission" in lieu thereof and by striking out "Canal Zone Government" and inserting "Panama Canal Commission" in lieu thereof; (F) by amending subsection (c) to read as follows: "(c) The President may authorize the Panama Canal Commission to 5 USC 8146. waive, at its discretion, the making of the claim required by section 8121 of this title in the case of compensation to an employee of the Panama Canal Commission for temporary disability, either total or partial."; and (G) in subsection (e), by striking out "Canal Zone Government and of the Panama Canal Company" and inserting in lieu thereof "Panama Canal Commission' (10) in section 5343(a)(5), by striking out "Canal Zone" and inserting in lieu thereof “areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979)."; (11) in section 5316(87), by striking out "Governor of the Canal Zone" and inserting in lieu thereof "Administrator of the Panama Canal Commission"; and (12) in the table of sections for chapter 81, by striking out "Canal Zone" in the item relating to section 8146 and inserting in lieu thereof "Panama Canal Commission". REPEALS AND REDESIGNATION SEC. 3303. (a) The following provisions of law are repealed: (1) title 2 of the Canal Zone Code; (2) sections 2 and 3 of title 3 of the Canal Zone Code, and the items relating to such sections in the table of sections for chapter 1 of title 3 of the Canal Zone Code; (3) subchapter III of chapter 237 of title 6 of the Canal Zone Code and the items relating to such subchapter in the table of sections for chapter 237 of such title; (4) subsection (d) of section 38 of the Arms Export Control Act (22 U.S.C. 2778(d)); and (5) section 4 of the Act of November 15, 1941 (50 U.S.C. 191b). (b) Those provisions of the Canal Zone Code not repealed by this Act are redesignated as the "Panama Canal Code". Any reference to the Canal Zone Code in those laws and regulations referred to in section 3(b) of this Act shall, subject to the provisions of such section, be deemed to refer to the Panama Canal Code. 22 USC 3601 note. EFFECTIVE DATE SEC. 3304. Except as provided in sections 1231, 1232, 1241, 1242, 1261, 1605, 2203, 2402, 3101, and 3201 of this Act, the preceding provisions of this Act shall take effect on the date on which the Panama Canal Treaty of 1977 enters into force. Approved September 27, 1979. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 96-98, pt. I and No. 96-98, pt. 2 (Comm. on Merchant Marine and Fisheries) and Nos. 96-438 and 96-473 (Comm. of Conference). SENATE REPORTS: No. 96-255 (Comm. on Armed Services) and Nos. 96-320 and 96-330 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 125 (1979): May 21, June 20, 21, considered and passed House. July 26, considered and passed Senate, amended. Sept. 19, 20, Senate considered and agreed to conference report. Sept. 20, House considered and rejected conference report. Sept. 25, Senate agreed to second conference report. Sept. 26, House agreed to second conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 39: Sept. 27, Presidential statement. Public Law 96-111 96th Congress An Act To revitalize the pleasure cruise industry by clarifying and waiving certain restrictions in the Merchant Marine Act, 1936, and the Merchant Marine Act, 1920, to permit the entry of the steamship vessel United States, steamship vessel Oceanic Independence, steamship vessel Santa Rosa, and the steamship vessels Mariposa and Monterey into the trade. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Notwithstanding the provisions of section 506 of the Merchant Marine Act, 1936 (46 U.S.C. 1156), section 27 of the Merchant Marine Act, 1920 (46 U.S.C. 883), and any other provision of law, the Secretary of the department in which the United States Coast Guard is operating shall cause the vessel Oceanic Independence (official Coast Guard numbered 261147) and the vessel steamship Santa Rosa (official Coast Guard numbered 276598) to be documented as vessels of the United States entitled to engage in the coastwise trade, so long as (1) in the case of the Oceanic Independence (A) the vessel is in compliance with all other requirements for vessels engaging in the coastwise trade, (B) any rebuilding of the vessel or repair work constituting a rebuilding, accomplished after enactment of this Act, shall be effected within the United States, its territories (not including trust territories), or its possessions, except that the vessel shall not lose its coastwise privileges by reason of having work necessary to install bow thrusters in the vessel and to equip it with a marine sewer sanitation system performed outside the United States, its territories (not including the trust territories) or its possessions before the vessel engages in the coastwise trade following enactment of this Act, (C) the vessel is owned by a citizen or citizens of the United States as defined in the applicable laws prescribing the qualifications for vessels to engage in the coastwise trade, and (D) for hire carriage in such trade is limited to passengers, their accompanying baggage, and one thousand measurement tons of cargo, of forty cubic feet each, per annum in any coastwise trade: Provided, That for hire carriage of cargo in excess of the aforesaid one thousand tons shall be unlawful, (2) in the case of the steamship Santa Rosa (A) prior to such documentation the owner of the steamship Santa Rosa repays to the Secretary of Commerce, upon such terms and conditions as the Secretary may prescribe, an amount which bears the same proportion to the total construction differential subsidy paid for such vessel as the remaining economic life of the vessel computed from the date of documentation bears to the total economic life of the vessel, and Nov. 15, 1979 [S. 1281] Steamship vessels, waiver restrictions. of trade (B) for hire carriage in such trade is limited to passengers, their accompanying baggage, and one thousand measurement tons of cargo, of forty cubic feet each, per annum in any coastwise trade: Provided, That for hire carriage of cargo in excess of the aforesaid one thousand tons shall be unlawful. SEC. 2. Section 2 of Public Law 92-296 (86 Stat. 140), as amended by Public Law 94-536 (90 Stat. 2497), is further amended by inserting after the words "American flag" the following: "in the coastwise and/ or foreign commerce of the United States and/or between foreign ports notwithstanding the provision of section 506 of the Merchant Marine Act, 1936: Provided, That for hire carriage in coastwise commerce of the United States is limited to passengers, their accompanying baggage, and one thousand measurement tons of cargo, of forty cubic feet each, per annum in any single coastwise trade: Provided further, That for hire carriage of cargo in excess of the aforesaid one thousand tons shall be unlawful,”. SEC. 3. Notwithstanding the provisions of section 506 of the Merchant Marine Act, 1936 (46 U.S.C. 1156), and any other provision of law or of prior contract with the United States, the steamship Mariposa and the steamship Monterey, may, subject to the approval of the Secretary of Commerce, be allowed to remain under the American flag and operate totally in both the coastwise and foreign commerce of the United States and/or between foreign ports: Provided, That for hire carriage in the domestic commerce of the United States is limited to passengers, their accompanying baggage, and one thousand measurement tons of cargo, of forty cubic feet each, per annum in any single coastwise trade: Provided further, That for hire carriage of cargo in excess of the aforesaid one thousand tons shall be unlawful. In the event the operator should elect to transfer either or both vessels to foreign flag operation, nothing in this Act shall be construed as permitting these vessels in such circumstances to have any rights or ability whatsoever to operate in the United States coastwise trades. Approved November 15, 1979. LEGISLATIVE HISTORY: HOUSE REPORT No. 96-559 accompanying H.R. 5472 (Comm. on Merchant Marine SENATE REPORT No. 96-298 (Comm. on Commerce, Science, and Transportation). Sept. 6, considered and passed Senate. Oct. 30, H.R. 5472 considered and passed House; passage vacated and S. 1281, amended, passed in lieu. Nov. 1, Senate agreed to House amendments. Public Law 96-112 96th Congress An Act To authorize appropriations for the fiscal year 1980 for certain maritime programs of the Department of Commerce, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Maritime Appropriation Authorization Act for Fiscal Year 1980". SEC. 2. Funds are authorized to be appropriated without fiscal year limitation as the appropriation Act may provide for the use of the Department of Commerce, for the fiscal year 1980, as follows: (1) For acquisition, construction, or reconstruction of vessels and construction-differential subsidy and cost of national defense features incident to the construction, reconstruction, or reconditioning of ships, not to exceed $101,000,000; except that (A) no funds authorized by this paragraph may be paid to subsidize the construction of any vessel which will not be offered for enrollment in a Sealift Readiness program approved by the Secretary of Defense; and (B) in paying the funds authorized by this paragraph, the construction subsidy rate otherwise applicable may be reduced by 5 percent unless the Secretary of Commerce, in his discretion, determines that the vessel to be constructed is part of an existing or future vessels series. (2) For payment of obligations incurred for operating-differential subsidy, not to exceed $256,208,000; except that (A) no funds authorized by this paragraph may be paid for the operation of any vessel which is not offered for participation in a Sealift Readiness program approved by the Secretary of Defense; and (B) an operator receiving funds under this paragraph may elect, for all or a portion of its ships, to suspend its operating differential subsidy contract with all attendant statutory and contractual restrictions, except as to those pertaining to the domestic intercoastal or coastwise service, including any agreement providing for the replacement of vessels, if(i) the vessel is less than ten years of age, (ii) the suspension period is not less than twelve months, (iii) the operator's financial condition is maintained at a level acceptable to the Secretary of Commerce, and (iv) the owner agrees to pay to the Secretary, upon such terms and conditions as he may prescribe, an amount which bears the same proportion to the construction-differential subsidy paid by the Secretary as the portion of the suspension period during which the vessel is operated in any preference trade from which a subsidized vessel would otherwise be excluded by law or contract bears to the entire economic life of the vessel. Any operator making an election under subparagraph (B) is entitled to full reinstatement of the suspended contract on Nov. 16, 1979 [S. 640] Maritime Authorization Year 1980. |