74 STAT. 145. “(d) An Assistant Commandant who retires within two and onehalf years of the date of his original assignment as Assistant Commandant shall retire in his permanent grade and with the retired pay of that grade unless entitled to a higher retired grade under other provisions of law. However, section 243 of this title shall not apply to an officer retiring within two and one-half years of the date of his original assignment as Assistant Commandant." (7) Sections 48 and 49 are repealed. (8) The analysis of chapter 3 is amended by striking out the following items: "45. Permanent grade of Commandant on expiration of term "47. Assistant Commandant and Engineer in Chief; appointment "48. Permanent grade of Assistant Commandant and Engineer in Chief on expiration of term "49. Retirement of Assistant Commandant and Engineer in Chief" and inserting the following item in place thereof: "47. Assistant Commandant; assignment; retirement." "The Secretary may appoint in the Coast Guard such number of " 187. Permanent commissioned teaching staff; composition "The permanent commissioned teaching staff at the Academy shall consist of professors, associate professors, assistant professors and instructors, in such numbers as the needs of the Service require. They shall perform duties as prescribed by the Commandant, and exercise command only in the academic department of the Academy." (11) Section 188 is amended (A) By striking out in the first sentence the word "commissioned" which precedes the word "instructors”; and (B) By striking out in the second sentence the word "instructor" and inserting the words "member of the teaching staff” in place thereof. (12) Section 189 is amended— (A) By striking out in the first sentence the word "commissioned" which precedes the word "instructors". (B) By striking out in the last sentence the word "or" which precedes the word "assistant", and inserting a comma and the words "or instructor" after the words "assistant professor". (13) Section 190 is amended (A) By striking out in the first sentence the word "commissioned" which precedes the words "instructors in the Coast Guard". (B) By striking out in the first sentence the words "instructor or civilian librarian" which precede the words "at the Academy" and inserting the words "member of the teaching staff" in place thereof. (C) By striking out the word "commissioned" which precedes (14) Section 191 is amended— (A) By striking out in the title of this section the words "civilian instructor" and inserting the words "member of civilian teaching staff in place thereof. out the (B) By striking out the words "civilian instructor or civilian librarian" and inserting the words "member of the civilian teaching staff" in place thereof. (C) By striking out the word "commissioned" wherever it appears. (15) The analysis of chapter 9 is amended by striking out the following items: "191. Credit for service as civilian instructor" and inserting the following items in place thereof: "191. Credit for service as member of civilian teaching staff" (16) Section 222 is amended by striking out the words, "except that the Assistant Commandant shall, while holding such office, be next in precedence to the Commandant." (17) Subsection (c) of section 247 is amended by striking out all language following the words "as Commandant" and inserting a period in lieu of the comma following the word "Commandant". (18) Section 365 is amended (A) By inserting in the first sentence after the word "extended" the words "and re-extended"; and by striking out in the same sentence the word "four" and inserting the word "six" in place thereof. (B) By adding at the end of the first sentence the following new sentence: "However, the total of all such extensions of an enlistment may not exceed six years." (19) Section 462 is amended by striking out the words "whose pay and allowances are specifically provided by this or any other law to be the pay and allowances of the upper half," and inserting the words "rear admirals who may be serving as Commandant and Assistant Commandant,". SEC. 2. The increased grade of admiral for the Commandant and vice admiral for the Assistant Commandant, including the pay and allowances applicable to such grades, shall be effective on the first day of the month following enactment of this Act. SEC. 3. Except as provided by section 2, the amendments by section 1 shall not operate to change or deprive the present incumbents serving as Commandant, Assistant Commandant, and Engineer in Chief of any rights, benefits and privileges appertaining to such offices on the day preceding the date of enactment of this Act, nor to divest them of their offices for the terms appointed. 74 STAT, 146. 86th Congress, H. R. 9465 June 1, 1960 AN ACT To authorize the loan of one submarine to Canada and the extension of a loan of a naval vessel to the Government of the Republic of China. 74 STAT. 153, China. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstand- Canada and ing section 7307 of title 10, United States Code, or any other law, the Submarine and President may extend the loan of one destroyer to the Government of vessel loan. the Republic of China on such terms and under such conditions as 70A Stat. 452. he deems are appropriate. The President may promulgate such rules and regulations as he deems necessary to carry out the provisions of this Act. SEC. 2. The extension of the loan authorized under this Act is an extension of the loan made under the authority granted by the Act of August 5, 1953 (67 Stat. 363). SEC. 3. Extension shall be for a period of not to exceed five years and shall be made on the condition that it may be terminated at an earlier date if necessitated by the defense requirements of the United States. Extension. Period and Condition. SEC. 4. No loan may be extended under this Act unless the Secretary of Defense, after consultation with the Joint Chiefs of Staff, determines that such extension is in the best interest of the United States. The Secretary of Defense shall keep the Congress currently advised Report to of all extensions made under authority of this Act. Congress. SEC. 5. Notwithstanding section 7307 of title 10, United States Code, or any other law, the President may, under conditions which he prescribes, lend one submarine to the Government of Canada for a period of not more than five years and may, in his discretion, extend such loan for an additional period of not more than five years. All expenses involved in the activation of this submarine including repairs, alterations, outfitting, and logistic support shall be paid by the Government of Canada. The authority of the President to transfer a submarine Termination under this section terminates on December 31, 1961. Approved June 1, 1960. date. 2 86th Congress, H. R. 5421 June 12, 1960 AN ACT To provide a program of assistance to correct inequities in the construction of fishing vessels and to enable the fishing industry of the United States to regain a favorable economic status, and for other purposes. vels. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to Fishing vesassist certain depressed segments of the fishing industry the Secretary Construction of the Interior is hereby authorized to pay in accordance with this Act assistance. a subsidy for the construction of fishing vessels in the shipyards of the United States. SEC. 2. Any citizen of the United States may apply to the Secretary Subsidies. for a construction subsidy to aid in construction of a new fishing vessel Applications. in accordance with this Act. No such application shall be approved by the Secretary unless he determined that (1) the plans and specifications for the fishing vessel are suitable for use in the fishery in which that vessel will operate and suitable for use by the United States for National Defense or military purposes in time of war or National emergency, (2) that the applicant possesses the ability, experience, resources, and other qualifications necessary to enable him to operate and maintain the proposed new fishing vessel, (3) will aid in the development of the United States fisheries under conditions that the Secretary considers to be in the public interest, (4) that the vessel, except under force majeure will deliver its full catch to a port of the United States, (5) that the applicant will employ on the vessel only citizens of the United States or aliens legally domiciled in the United States, (6) the vessel will be documented under the laws of the United States, and (7) such other conditions as the Secretary may consider to be in the public interest. SEC. 3. If the Secretary, in the exercise of his discretion, determines Contracts. that the granting of a subsidy applied for is reasonably calculated to carry out the purposes of this Act, he may approve such application and enter into a contract or contracts with the applicant which will provide for payment by the United States of a construction subsidy in accordance with the purposes and provisions of this Act and in accordance with any other conditions or limitations which may be prescribed by the Secretary. conditions. SEC. 4. A construction subsidy shall be granted under this Act only Subsidies, to assist in the construction of a fishing vessel to be operated in (1) a fishery suffering injury from which escape clause relief has been recommended by the Tariff Commission under the Trade Agreements Assistance Act of 1951, as amended (65 Stat. 74), but where such relief has been or is hereafter denied under section 7(c) of such Act; (2) a 72 Stat. 676. fishery found by the Secretary to be injured or threatened with injury 19 USC 1364. by reason of increased imports, either actual or relative, of a fish o shellfish product, not the subject of a trade agreement tariff concession, which is like or directly competitive with the fishery's product; or (3) a fishery found by the Secretary to be injured or threatened with injury by reason of increased imports, either actual or relative, of a fish or shellfish product that is provided for in the Free List of the Tariff Act of 1930, whether or not the subject of a trade agreement 46 Stat. 590 tariff concession. 74 STAT. 212. 74 STAT. 213. 19 USC 1654. tation. SEC. 5. The construction subsidy which the Secretary may pay with Cost determinarespect to any fishing vessel under this Act shall be an amount equal to tion and limithe difference, as determined by the Maritime Administrator, between the cost of constructing such vessel in a shipyard in the United States based upon the lowest responsible domestic bid for the construction of such vessel and the estimated cost, as determined by the Maritime Submission of Administrator, of constructing such vessel under similar plans and specifications in a foreign shipbuilding center which is determined by the Maritime Administrator to furnish a fair and representative example for the determination of the estimated total cost of constructing a vessel of the type proposed to be constructed, but in no event shall the subsidy exceed 333 per centum of the cost of constructing such vessel in a shipyard in the United States based upon the lowest responsible domestic bid excluding the cost of any features incorporated in the vessel for national defense uses, which shall be paid by the Department of Defense in addition to the subsidy. For the purposes of this section, the Maritime Administrator shall determine, and certify to the Secretary, the lowest responsible domestic bid. SEC. 6. Any fishing vessel for which a construction subsidy is paid plans to Secre- under this Act shall be constructed under the supervision of the Maritary of Defense time Administrator. The Maritime Administrator shall submit the plans and specifications for the proposed vessel to the Department of Defense for examination thereof and suggestions for such changes therein as may be deemed necessary or proper in order that such vessel shall be suitable for economical and speedy conversion into a naval or military auxiliary or otherwise suitable for the use of the United States Government in time of war or national emergency. If the Secretary of Defense approves such plans and specifications as submitted, or as modified, in accordance with the provisions of this subsection, he shall certify such approval to the Administrator. No construction subsidy shall be paid by the Secretary under this Act unless all contracts between the applicant for such subsidy and the shipbuilder who is to construct such vessel contain such provisions with respect to the construction of the vessel as the Maritime Administrator determines necessary to protect the interests of the United States. Conditions of construction: 46 Stat. 708. 19 USC 1401. 74 STAT. 213. 74 STAT. 214. Acquisition of ownership by U.S. SEC. 7. All construction with respect to which a construction subsidy is granted under this Act shall be performed in a shipyard in the United States as a result of competitive bidding, after due advertising, with the rights reserved in the applicant, and in the Maritime Administrator, to disapprove any or all bids. In all such construction the shipbuilder, subcontractor, material men, and suppliers shall use, so far as practicable, only articles, materials, and supplies of the growth, production, and manufacture of the United States as defined in paragraph K of section 401 of the Tariff Act of 1930. No shipbuilder shall be deemed a responsible builder unless he possesses the experience, ability, financial resources, equipment, and other qualifications necessary properly to perform the proposed contract. The submitted bid shall be accompanied by all detailed estimates on which it is based, and the Maritime Administrator may require that the builder or any subcontractor submit any other pertinent data relating to such bids. SEC. 8. (a) Every contract executed by the Secretary pursuant to section 3 of this Act shall provide that in the event the United States shall, through purchase or requisition, acquire ownership of any fishing vessel on which a construction subsidy was paid, the owner shall be paid therefor the value thereof, but in no event shall such payment exceed the actual depreciated construction cost thereof (together with the actual depreciated cost of capital improvements thereon) less the depreciated amount of construction subsidy theretofore paid incident to the construction of such vessel, or the fair and reasonable scrap value of such vessel as determined by the Maritime Administrator, whichever is the greater. Such determination shall be final. In computing the depreciated value of such vessel, deprecia |