87th Congress, S. 3396
October 10, 1962

An Act

76 STAT. 796.

To amend section 511(h) of the Merchant Marine Act, 1936, as amended, in order to extend the time for commitment of construction reserve funds.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proviso at Merchant Marine the end of section 511(h) of the Merchant Marine Act, 1936, as Aot, 1936, amendamended, is amended to read as follows: "Provided, That until Janu- ment.

ary 1, 1963, in addition to the extensions hereinbefore permitted, Construction further extensions may be granted ending not later than December 31, reserve funds.

1963."

75 Stat. 661.

Effective date.

SEC. 2. The amendment made by the first section of this Act shall 46 USC 1161. take effect December 31, 1962, or on the date of enactment of this Act, whichever date first occurs.

Approved October 10, 1962.

(929)

87th Congress, H. R. 946
October 15, 1962

An Act

76 STAT. 958.

To extend to oyster planters the benefits of the provisions of the present law which provide for production disaster loans for farmers and stockmen.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (b) Oyster planters. of section 321 of the Consolidated Farmers Home Administration Act Disaster loans. of 1961 is amended by striking out "farmers or ranchers" and inserting 75 Stat. 311. "farmers, ranchers, or oyster planters" and by striking out "farming 7 USC 1961. or ranching" and inserting "farming, ranching, or oyster planting".

Approved October 15, 1962.

(930)

87th Congress, H. R. 11586
October 24, 1962

An Act

76 STAT. 1200.

To amend section 502 of the Merchant Marine Act, 1936, as amended, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 502(b) Merchant Marine of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1152(b)), Aot, 1936, - is hereby further amended to read as follows:

amendment.

differential

"(b) The amount of the reduction in selling price which is herein 52 Stat. 956. termed 'construction differential subsidy' may equal, but not exceedl, Construction the excess of the bid of the shipbuilder constructing the proposed 'subsidy. vessel (excluding the cost of any features incorporated in the vessel for national defense uses, which shall be paid by the Secretary in addition to the subsidy), over the fair and reasonable estimate of cost, as determined by the Secretary, of the construction of the proposed vessel if it were constructed under similar plans and specifications (excluding national defense features as above provided) in a foreign shipbuilding center which is deemed by the Secretary to furnish a fair and representative example for the determination of the estimated foreign cost of construction of vessels of the type proposed to be constructed. The construction differential approved and paid by the Secretary shall not exceed 55 per centum of the construction cost of the vessel, except that in the case of reconstruction or reconditioning of a passenger vessel having the tonnage, speed, passenger accommodations and other characteristics set forth in section 503 of this Act, 46 USC 1153. the construction differential approved and paid shall not exceed 60 per centum of the reconstruction or reconditioning cost (excluding the cost of national defense features as above provided): Provided, however, That after June 30, 1964, the construction differential approved by the Secretary shall not exceed in the case of the construction, reconstruction or reconditioning of any vessel, 50 per centum of such cost. When the Secretary finds that the construction differential in any case exceeds the foregoing applicable percentage of such cost, the Secretary may negotiate and contract on behalf of the applicant to construet, reconstruct, or recondition such vessel in a domestic shipyard at a cost which will reduce the construction differential to such applicable percentage or less. In the event that the Secretary has reason to believe that the bidding in any instance is collusive, he shall report all of the evidence on which he acted (1) to the Attorney General of the United States, and (2) to the President of the Senate and to the Speaker of the House of Representatives if the Congress shall be in session or if the Congress shall not be in session, then to the Secretary of the Senate and Clerk of the House, respectively.”

SEC. 2. (a) The Merchant Marine Act, 1936 (49 Stat. 1985), is amended by striking out subsection (d) of section 502: Provided, 46 USC 1152. however, That the repeal of subsection (d) of section 502 of the Merchant Marine Act, 1936, shall not be effective with respect to

contracts for new ship construction under title V of said Act awarded 46 USC 1151on the basis of bids opened prior to the date of the enactment of 1161. this Act.

(b) Section 509 of the Merchant Marine Act, 1936 (46 U.S.C.

1159), is amended by striking out ": And provided, That in case a 49 Stat. 2000. vessel is to be constructed under this section for an applicant who has as his principal place of business a place on the Pacific coast of the United States" and all that follows in that section down through and including "maintains his principal place of business at any place on the Pacific coast." and insert in lieu thereof a period.

(931)

49 Stat. 1991.

52 Stat. 957.

49 Stat. 1995; 74 Stat. 725.

49 Stat. 442.

(c) Section 213 of the Merchant Marine Act, 1936, as amended (46 Ú.S.C. 1123), is amended by striking out "a report" and inserting in lieu thereof "reports" and by striking out "as soon as practicable".

(d) Paragraph (c) of said section 213 is amended by striking out the period at the end thereof and adding the following "; reports under this paragraph shall be made annually on the first day of July of each year.".

(e) The first sentence of subsection (f) of section 502 of the Mer chant Marine Act, 1936, as amended (46 U.S.C. 1152), is amended by striking out "periodically" and inserting in lieu thereof "at least once each year".

(f) The second sentence of subsection (f) of section 502 of the Merchant Marine Act, 1936, as amended (46 Ú.S.C. 1152), is amended (1) by striking out the words ", with the approval of the President," and (2) by striking out "existing inadequacy" and inserting in lieu thereof "existing or impending inadequacy".

SEC. 3. The Act entitled "An Act to amend title V of the Merchant Marine Act, 1936, in order to change the limitation of the construction differential subsidy under such title, and for other purposes", approved July 7, 1960 (74 Stat. 362), is amended by inserting at the end thereof a new section as follows:

"SEC. 4. No official or employee of the United States Government nor any member of their immediate families may accept directly o indirectly free or at a reduced rate passenger travel or carriage of personal property on any ship sailing under a flag other than that of the United States. This restriction shall not apply to persons injure in accidents at sea and physicians and nurses attending such persons and persons rescued at sea, and this restriction shall not apply t persons referred to in section 405(b) of the Merchant Marine Act 1936, as amended (46 U.S.C. 1145(b)), relating to steamship con panies carrying the mails of the United States. Any person knowingly violates this section shall upon conviction thereof be fine not less than $500 nor more than $10,000 at the discretion of the courts for each such violation."

SEC. 4. (a) During the one-year period which begins on the da of enactment of this Act, the provisions of section 27 of the Mercha Marine Act, 1920 (46 U.S.C. 883) shall be suspended with resper to the transportation of lumber to the Commonwealth of Puerto Ri from any ports or terminal areas in the United States whenever the Secretary of Commerce, after notice and opportunity for hearins determines that there is no domestic vessel reasonably available t serve between such ports or terminal areas for the transportation such lumber. Such determination shall be made within 45 days afte application for suspension and shall be final and conclusive and my other official or any court of the United States shall have power jurisdiction to review any such determination. Upon making determination provided for in this section, the Secretary of Commer shall establish such terms, conditions, and regulations with resp to operations under such suspension as he determines to be in t national interest.

(b) Any suspension under the provisions of this Act shall terminus whenever the Secretary of Commerce determines that conditi required in the subsection (a) of this section for such suspension longer exist, or upon the expiration of the one-year period whi begins on the date of enactment of this Act, whichever first occnts (c) No Federal laws shall apply to any water carrier because operations under a suspension provided for in this Act if such be

76 STAT, 1202. SEC. 5. The amendment made by the first section of this Act shall Effective be effective only with respect to contracts entered into with respect date. to (a) the construction of a vessel the keel of which was laid after June 30, 1959, or (b) the reconstruction or reconditioning of a vessel the shipyard contract for which was entered into after June 30, 1959, and the Secretary may, with the consent of the parties thereto, modify any such contract entered into prior to the date of the enactment of this Act to the extent authorized by the amendment made by this Act. Approved October 24, 1962.