84 STAT. 1036 (f) The third sentence of section 502 (c) of the Merchant Marine Act, 1936, is amended by striking out the word "Commission's" and 52 Stat. 956. inserting the words "Secretary of Commerce's" in lieu thereof. 46 USC 1152. (g) The next to the last sentence of section 502 (e) of the Merchant Marine Act, 1936, is amended by striking out the word "its" and 49 Stat. 1997. inserting in lieu thereof the word "his". (h) The third sentence of section 601(a) of the Merchant Marine Act, 1936, is amended by striking out the word "it" and inserting the 46 USC 1171. word "he" in lieu thereof. (i) The first sentence of section 603 (a) of the Merchant Marine Act, 1936, is amended by striking out the word "it" and inserting the 46 USC 1173. word "he" in lieu thereof. (j) The last sentence of section 605 (c) of the Merchant Marine Act, 1936, is amended by striking out the word "it" and inserting the 46 USC 1175. word "he" in lieu thereof. (k) Section 606 of the Merchant Marine Act, 1936, is amended as 46 USC 1176. follows: (1) By striking out of subdivision (1) the word "its" wherever it appears and inserting in lieu thereof the word "his". (2) By striking out of subdivision (1) and (3) the word "it" and inserting in lieu thereof the word “he”. (3) By striking out of subdivision (1) the word "Its" and inserting in lieu thereof the word "His". SEC. 36. Section 201 (b) of the Merchant Marine Act, 1936 (46 U.S.C. 1111(b)), is amended by striking out the word "Commission" wherever 49 Stat. 1985. it appears in the last sentence thereof and inserting in lieu thereof the words "Federal Maritime Commission". SEC. 37. Section 303 of Reorganization Plan Numbered 21 of 1950 (64 Stat. 1273) is amended by striking out the words at the end thereof "or of the Maritime Administration". SEC. 38. Reorganization Plan Numbered 7 of 1961 (75 Stat. 840) is amended as follows: (a) By striking out section 201 and inserting in lieu thereof a new section 201 to read as follows: "SEC. 201. MARITIME ADMINISTRATOR.-There shall be at the head of the Maritime Administration (established by the provisions of part II of Reorganization Plan 21 of 1950) a Maritime Administrator, hereinafter referred to as the Administrator. The Assistant Secretary of Commerce for Maritime Affairs shall, ex officio, be the Administrator. The Administrator shall perform such duties as the Secretary of Commerce shall prescribe." (b) By striking out of section 301 the words at the end thereof "and to the Maritime Administrator and all other officers and employees of the Maritime Administration". 46 USC 1111 note. 46 USC 1111 note. SEC. 39. The Act of April 29, 1941 (40 U.S.C. 270e), is hereby 69 Stat. 83. amended by adding a new section 2 to read as follows: "SEC. 2. The Secretary of Commerce may waive the Act of August 56 Stat. 661. 31 USC 686. 60 Stat. 41. 50 USC app. 1735 note. 24, 1935 (49 Stat. 793-794), with respect to contracts for the construc- 40 USC 270ation, alteration, or repair, of vessels of any kind or nature, entered 270d. into pursuant to the Act of June 30, 1932 (47 Stat. 382, 417-418), as amended, the Merchant Marine Act, 1936, or the Merchant Ship Sales Act of 1946, regardless of the terms of such contracts as to payment or title." SEC. 40. (a) The amendments made by this Act shall not affect any contract with the Secretary of Commerce or his delegates that is in Applicability effect on the date of enactment of this Act. At the request of the other party to such operating-differential subsidy contract, the Secretary of Commerce shall amend such contract so as to be in accordance with all of the amendments made by this Act. No amendment to existing contracts. 84 STAT. 1037 Ante, p. 1026. 46 USC 1245. Ante, p. 1023. Ante, p. 1034. 48 Stat. 500. 70A Stat. 146. Operatingdifferential subsidy contracts, amendment provisions. 66 Stat. 765. Commission on Compensation, travel expen ses. 35 F.R. 6247. 80 Stat. 499; 83 Stat. 190. Executive 80 Stat. 443, 467. 5 USC 5101, 5331. made by this Act shall be incorporated in such contract unless all such amendments are incorporated in such contract, except that if the other party elects to continue under the "old fund" as provided in section 607 as amended by section 21 of this Act, such amendment need not be incorporated in such contract. Until such contract is amended or if such contract is not amended, it shall be administered in accordance with the provisions of the Merchant Marine Act, 1936, as they existed immediately prior to enactment of this Act. Nothing in section 16 of this Act amending section 603 of the Merchant Marine Act, 1936 or in the contracts made thereunder, shall be deemed to affect or to change existing law or contracts with respect to the proceedings now pending before the Secretary of Commerce relating to the payment of subsidy in respect of cargoes covered by section 901 (b)(1) of the Merchant Marine Act, 1936, section 616(a) of title 15, United States Code, or section 2631 of title 10, United States Code. (b) If any operating-differential subsidy contract in existence on the date of enactment of this Act is amended by including all of the amendments made by this Act or all of the amendments made by this Act other than those made by section 21, the operator may elect to terminate his recapture period as of the date of such contract amendment and have his recapture computed on the basis of the shortened period, or he may elect to continue his recapture period until the end of its tenyear term and continue his recapture obligations as provided by the Merchant Marine Act, 1936, prior to the enactment of this Act until the end of such ten-year period. The amendments in either event shall provide that, with respect to seafaring personnel, in determining the rights and obligations of the contractor under such contract, the limitation of section 805 (c) of the Merchant Marine Act, 1936, as it existed immediately before the enactment of this Act shall not apply. SEC. 41. (1) There is hereby established a commission to be known as the Commission on American Shipbuilding (hereinafter referred to as the "Commission"). The Commission shall be composed of seven members appointed by the President. Members of the Commission shall be appointed for the life of the Commission. The President shall designate one of the members of the Commission as Chairman. (2) Members of the Commission who are not full-time employees of the United States Government shall each be entitled to receive the per diem equivalent of the rate authorized for GS-18 of the General Schedule under section 5332 of title 5 of the United States Code when engaged in the actual performance of duties vested in the Commission, including traveltime, and while away from their homes or regular places of business may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 of the United States Code for persons in the Government service employed intermittently. (3) The Commission shall meet at the call of the Chairman or at the call of a majority of the members thereof. (4) The Commission may appoint an Executive Director without regard to the provisions of title 5 of the United States Code governing appointments in the competitive service and shall fix his compensation without regard to the provisions of chapter 51 and subtitle III of chapter 53 of such title relating to classification and General Schedule pay rates. (5) The Commission shall have the power to appoint and fix the compensation of such personnel, as it deems advisable, subject (except as provided in paragraph (4) hereof) to the civil service laws and 84 STAT. 1038 80 Stat. 416. (6) The Commission may procure, in accordance with the provi- Experts and sions of section 3109 of title 5 of the United States Code, the temporary consultants. or intermittent services of experts or consultants; individuals so employed shall receive compensation at the rate to be fixed by the Commission, but not in excess of the per diem equivalent of the rate authorized for GS-18 of the General Schedule under section 5332 of title 5 of the United States Code, including traveltime, and while away 35 F.R. 6247. from their homes or regular places of business may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 of the United States Code for persons in the Government service employed intermittently. a 80 Stat. 499; 83 Stat. 190. American shipbuilding industry, status review. (7) The Commission shall review the status of the American shipbuilding industry, its problems and its progress toward increasing its productivity and reducing production costs. The Commission shall determine whether the American shipbuilding industry can achieve level of productivity by the fiscal year 1976 such that the constructiondifferential subsidy payable under title V of the Merchant Marine Act, 1936, will not exceed 35 per centum of the United States construction 46 USC 1151cost. The Commission shall recommend a course of action which should 1161. be taken on the part of Government and industry to improve the Recommendations. competitive situation of the United States shipbuilding industry in world shipbuilding markets and if the Commission shall determine that the construction-differential subsidy cannot be reduced to 35 per centum of the United States cost it shall recommend alternatives to the ship construction program then in effect. (8) The Commission shall not later than three years after the date Report to of enactment of this Act or such earlier dates as shall be required by President and section 502(b) of the Merchant Marine Act, 1936, submit a compre- Congress. hensive report of its findings and recommendations to the President Ante, p. 1020. and to the Congress, and sixty days thereafter shall cease to exist. (9) There are hereby authorized to be appropriated such amounts Appropriation. as may be necessary to permit the Commission to carry out its responsibilities under this Act. Assistant Sec retary of Commerce for SEC. 42. (a) There shall be in the Department of Commerce, in addition to the Assistant Secretaries now provided by law, one additional Assistant Secretary of Commerce who shall be known as the Assistant Secretary of Commerce for Maritime Affairs, shall be Maritime appointed by the President by and with the advice and consent of Affairs, the Senate, shall receive compensation at the rate prescribed by law appointment for Assistant Secretaries of Commerce, and shall perform such duties as the Secretary of Commerce shall prescribe. by President. (b) Section 5315 of title 5, United States Code, is amended by strik- Compensation. ing "(5)" at the end of item (12) and substituting "(6)". SEC. 43. (a) (1) Section 5 of the Act of May 13, 1954, as amended 83 Stat. 863. (33 U.S.C. 985), is further amended by inserting "(a)" immediately 68 Stat. 94; after "SEC. 5.", and by striking out the fourth, fifth, and eighth sen- 71 Stat. 307. tences thereof. (2) Such section is further amended by adding at the end thereof the following new subsection: "(b) Effective as of the date of enactment of this subsection the obligations of the Corporation incurred under subsection (a) of this section shall bear no interest, and the obligation of the Corporation to pay the unpaid interest which has accrued on such obligations is terminated." (b) (1) Subsection (a) of section 12 of such Act (33 U.S.C. 988 (a)) is amended by inserting after the first sentence the following: "Any formula for a division of revenues which takes into consideration annual debt charges shall include the total cost, including both inter 84 STAT. 1039 68 Stat. 96. 33 USC 988. Short title. est and debt principal, incurred by the United States in financing activities authorized by this Act, whether or not reimbursable by the Corporation." (2) Subsection (b) (4) of such section 12 is amended by striking out the words " payment of interest on the obligations of the Corporation,". SEC. 44. This Act may be cited as the "Merchant Marine Act of 1970". Approved October 21, 1970. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 91-1073 (Comm. on Merchant Marine and Fisheries) and No. 91-1555 (Comm. of Conference). SENATE REPORT No. 91-1080 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 116 (1970): May 21, considered and passed House. Sept. 17, considered and passed Senate, amended. Oct. 7, Senate agreed to conference report. 91st Congress, H. R. 12475 An Act To revise and clarify the Federal Aid in Wildlife Restoration Act and the Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I-FEDERAL AID IN WILDLIFE RESTORATION Fish and wildlife restoration projects. 50 Stat. 917. 84 STAT. 1097 84 STAT. 1098 SEC. 101. The first sentence of section 3 of the Federal Aid in Wildlife Restoration Act of September 2, 1937 (16 U.S.C. 669b), is amended to read as follows: "An amount equal to all revenues accruing each fiscal year (beginning with the fiscal year 1971) from any tax imposed on specified articles by section 4181 of the Internal Revenue Code of 1954 (26 U.S.C. 4181) shall, subject to the exemptions in section 4182 of such Code, be covered into the Federal aid to wildlife 83 Stat. 269. restoration fund in the Treasury (hereinafter referred to as the 'fund') and is authorized to be appropriated and made available until expended to carry out the purposes of this Act." SEC. 102. Sections 4, 5, 6, 7, 8, and 8(a) of the Federal Aid in Wild 68A Stat. 490. life Restoration Act of September 2, 1937 (16 U.S.C. 669c-669g-1), 50 Stat. 917; are amended to read as follows: 55 Stat. 632. Administrative SEC. 4. (a) So much, not to exceed 8 per centum, of the revenues covered into said fund in each fiscal year as the Secretary of the expenses. Interior may estimate to be necessary for his expenses in the administration and execution of this Act and the Migratory Bird Conservation Act shall be deducted for that purpose, and such sum is authorized to be made available therefor until the expiration of the next succeeding fiscal year, and within sixty days after the close of such fiscal year the Secretary of the Interior shall apportion such part thereof as remains unexpended by him, if any, and make certificate thereof to the Secretary of the Treasury and to the State fish and game departments on the same basis and in the same manner as is provided as to other amounts authorized by this Act to be apportioned among the States for such current fiscal year. The Secretary of the Interior, Funds, after making the aforesaid deduction, shall apportion, except as pro- apportionment. vided in subsection (b) of this section, the remainder of the revenue in said fund for each fiscal year among the several States in the following manner: One-half in the ratio which the area of each State bears to the total area of all the States, and one-half in the ratio which the number of paid hunting-license holders of each State in the second fiscal year preceding the fiscal year for which such apportionment is made, as certified to said Secretary by the State fish and game departments, bears to the total number of paid hunting-license holders of all the States. Such apportionments shall be adjusted equitably so that no State shall receive less than one-half of 1 per centum nor more than 5 per centum of the total amount apportioned. The term fiscal year Fiscal year. as used in this Act shall be a period of twelve consecutive months from July 1 through the succeeding June 30, except that the period for enumeration of paid hunting-license holders shall be a State's fiscal or license year. "(b) One-half of the revenues accruing to the fund under this Act each fiscal year (beginning with the fiscal year 1971) from any tax imposed on pistols and revolvers shall be apportioned among the States in proportion to the ratio that the population of each State bears to the population of all the States: Provided, That each State shall be apportioned not more than 3 per centum and not less than 1 per centum of such revenues. For the purpose of this subsection, popula |