[CHAPTER 199-2D SESSION] [H. R. 3261] AN ACT To amend the Act of April 29, 1943, to authorize the return to private ownership of Great Lakes vessels and vessels of one thousand gross tons or less, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act to authorize the return to private ownership of certain vessels formerly used or suitable for use in the fisheries or industries related thereto", approved April 29, 1943 (Public Law 44, Seventy-eighth Congress; 57 Stat. 69), is amended to read as follows: "That any vessel formerly used or suitable for use in the fisheries or industries related thereto, any vessel of one thousand gross tons (determined in accordance with the provisions of section 77 of title 46 of the United States Code) or less, and any vessel employed on the Great Lakes during the year preceding its acquisition by the United States, the title to which has been or may hereafter be acquired by the United States through purchase or requisition except any vessel seventeen years of age or older traded in under the provisions of section 510, Merchant Marine Act, 1936, as amended, or any other provision of law may be returned to private ownership in accordance with the provisions of this Act. "SEC. 2. Every such vessel shall, upon determination by the department or agency having possession thereof that the vessel is no longer needed or can be spared by such department or agency without detriment to its service, be made available to the Administrator of the War Shipping Administration (hereinafter referred to as the Administrator), who shall notify the owner from whom such vessel was purchased or requisitioned that the vessel may be returned to such owner upon repayment to the United States of the compensation paid therefor less such allowances as the Administrator may deem reasonable (1) to cover the cost of such reconditioning as the Administrator after consultation with the owner deems necessary to restore the vessel to condition and utility at least as good as when acquired by the United States (ordinary wear and tear excepted), and (2) to compensate such owner for the use of the vessel by the United States, and upon compliance with such other terms and conditions as the Administrator may prescribe. The determination of such allowances by the Administrator shall be final notwithstanding any other provision of law. "SEC. 3. If any such owner to whom compensation has been paid or a tender of compensation has been made shall fail, within a reasonable time after notice (which time shall be specified in the notice but may be extended by the Administrator) to make arrangements satisfactory to the Administrator for such return of the vessel or shall expressly waive the right thereto, the Administrator may advertise the vessel for sale upon competitive sealed bids subject to such terms and conditions as the Administrator may prescribe, including in the case of any vessel used in the commercial fisheries or industries related thereto immediately prior to the acquisition of such vessel by the United States, a requirement that the vessel will not be used for a period of two years from date of sale, other than in the commercial fisheries or industries related thereto: Provided, however, That the Administrator may reject any bid which does not equal the purchase price or compensation paid or payable by the United States for such vessel less a reasonable allowance to cover the cost of reconditioning as hereinabove defined. "SEO. 4. The Administrator may withhold from the funds received for the return or sale of any such vessel the expenses incurred by him in such return or sale, and shall pay over the balance of such receipts to the department or agency by which such vessel was made available." Approved May 18, 1944. [CHAPTER 205-2D SESSION] [8. 1771] AN ACT Authorizing appropriations for the United States Navy for additional ordnance manufacturing and production facilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, $65,000,000 for necessary tools, equipment, and facilities for the manufacture or production of ordnance material, munitions, and equipment at either private or public plants. SEO. 2. The authority herein granted shall include the authority to acquire lands at such locations as the Secretary of the Navy may deem best suited to the purpose, erect or extend buildings, acquire the necessary machinery and equipment, and in private establishments provide plant-protection installations, and shall be in addition to all authority heretofore granted for these purposes. SEC. 3. The Secretary of the Navy from time to time, but not less frequently than every sixty days, shall transmit to the Congress a full report of all acquisitions of land, by lease or otherwise, effected under the authority of this Act. Approved May 26, 1944. [PUBLIC LAW 322-78TH CONGRESS] [H. R. 4710] AN ACT Authorizing the acquisition and conversion or construction of certain landing craft and district craft for the United States Navy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy is hereby authorized to undertake the acquisition and conversion or construction of one million tons of landing craft and district craft, or such portion thereof, as may be directed by the President, such landing craft and district craft to be of such size, type, and design as he may consider best suited for the prosecution of the war, such craft to be in addition to those heretofore authorized. SEC. 2. There is hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated such sums as may be necessary to effectuate the purposes of this Act. Approved May 31, 1944. [CHAPTER 399-2D SESSION] [S. 1173] AN ACT To provide for staying judicial proceedings against the United States in time of war, on claims for damages caused by vessels of the Navy, or for towage or salvage services to such vessels, when the Secretary of the Navy certifies that the prosecution of such proceedings would endanger the security of naval operations or interfere therewith, and to authorize the settlement and payment of such claims, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever in time of war the Secretary of the Navy shall certify to a court in which is pending a suit of the nature hereinafter defined, or to a judge of such court, that the prosecution of such suit would tend to endanger the security of naval operations in such war, or to interfere with such operations, all further proceedings in such suit shall forthwith be stayed until six months after the cessation of hostilities in such war, or until such earlier date as may be stated in such certificate. The suits to which this Act applies are hereby defined as follows: All suits under the Act approved March 3, 1925, entitled "An Act authorizing suits against the United States in admiralty for damage caused by and salvage services rendered to public vessels belonging to the United States, and for other purposes" (43 Stat. 1112; 46 U. S. C. 781 ff), wherein a claim is made for damages caused by a vessel of the Navy, or in the naval service, or for compensation for towage or salvage services, including contract salvage, rendered to any such vessel. The stay of proceedings in pending suits as provided in this section shall not operate to suspend the issuance of process to take or preserve evidence to be used in the trial of the issues of the suit, or to prevent the completion of action under the authority of similar process already issued at the time of such stay of suit: Provided, That if at the time of certification by the Secretary of the Navy for stay of proceedings, as provided in this section, or at any time thereafter prior to the termination of stay, the Secretary of the Navy shall file with the court an additional certificate that the issuance of such process to preserve evidence or the completion of action on process already issued would tend to endanger the security of the United States or any of the naval or military operations in such war, or to interfere with such operations, then all such proceedings for the taking or preserving of evidence to be used by either party in the trial of the issues in such suit shall be suspended until six months after the cessation of hostilities in such war, or until such earlier date as shall have been fixed in the certificate for stay of proceedings in such suit. SEO. 2. Whenever in time of war the Secretary of the Navy shall certify to the court, or a judge of the court in which proceedings for the purpose are pending, that the granting of a dedimus potestatem to take depositions, or a direction to take depositions in perpetuam rei memoriam, or the taking of depositions or production of evidence pursuant to such dedimus potestatem or direction, or pursuant to any other proceeding for the purpose, in connection with or in relation to any claim against the United States on which such suit would lie, would tend to endanger the security of the United States or any of the Naval or military operations in such war, or to interfere with such operations, then such dedimus potestatem shall not be granted, such direction shall not be made, and such deposition shall not be taken or evidence produced, until six months after the cessation of hostilities in such war, or such earlier date as may be stated in such certificate, and if prior to filing such certificate such proceedings shall have been commenced, the same shall upon filing such certificate forthwith be stayed until six months after cessation of such hostilities or such earlier date as may be stated in such certificate. SEC. 3. The phrase "vessels of the Navy or in the naval service" shall include, for the purposes of this Act, in addition to all vessels of the Navy, and of the Coast Guard when operating as a part of the Navy, all vessels manned by the Navy, including the Coast Guard when operating as a part of the Navy, and all vessels chartered on bareboat charter to the Navy, or to the Coast Guard when the Coast Guard is operating as a part of the Navy. SEC. 4. At any time while a stay or suspension, either of prosecution of suit or of the taking of testimony is in effect under this Act the Secretary of the Navy may file with such court or judge his certificate extending or shortening the time stated in his prior certificate, during which the prosecution of such suit or the taking of such deposition or production of evidence would tend to endanger the security of the United States or of such operations in time of war, or to interfere therewith. Any claimant or party deeming himself adversely affected by a stay under the provisions of this Act may serve on the Secretary of the Navy at Washington, District of Columbia, a written notice, requesting the Secretary of the Navy to reconsider the stay previously issued and to issue a further certificate. Such written notice shall identify the stay then in effect by attaching a copy of the certificate of the Secretary of the Navy upon which the stay is based or by a description sufficient for its identification. The said notice shall not contain any recital of the facts or circumstances involved. Within ten days after receipt of such notice, the Secretary of the Navy or some official designated by him, shall hold in secret a hearing at which the claimant or his representative may present such facts and arguments as he may think material with respect to the question as to whether or not a stay should be issued or maintained. Within ten days after such hearing, the Secretary of the Navy shall file with the court in which said stay is pending, or the court in which the proceeding stayed was instituted, his further certificate stating whether the stay shall then be terminated, or for what time the stay is to continue in effect. If the Secretary of the Navy shall fail to file such further certificate, the court, upon application by such claimant or party, shall issue its order directing the Secretary of the Navy to file a certificate within the time to be specified in such order. Any certificate issued by the Secretary of the Navy shall remain in effect for the time stated therein or until it is terminated or altered by a further certificate. The filing of any further certificate under this section shall extend or shorten the time, as the case may be, during |