92nd Congress, H. R. 155 An Act To facilitate the transportation of cargo by barges specifically designed for carriage aboard a vessel. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That 85 STAT. 486 Vessels. 82 Stat. 700. SECTION 1. Section 27, Merchant Marine Act, 1920, as amended Non-self-pro(46 U.S.C. 883), is further amended by inserting after "(c) empty pelled specialty barges specifically designed for carriage aboard a vessel" the words barges. "and equipment, excluding propulsion equipment, for use with such 49 Stat. 4423 barges", and by striking out the period at the end of said section 27 and inserting in lieu thereof a colon and the following: "Provided further, That upon such terms and conditions as the Secretary of the Treasury by regulation may prescribe, and, if the transporting vessel is of foreign registry, upon his finding, pursuant to information furnished by the Secretary of State, that the government of the nation of registry extends reciprocal privileges to vessels of the United States, the Secretary of the Treasury may suspend the application of this section to the transportation of merchandise between points in the United States (excluding transportation between the continental United States and noncontiguous states, districts, territories, and possessions embraced within the coastwise laws) which, while moving in the foreign trade of the United States, is transferred from a nonself-propelled barge certified by the owner or operator to be specifically designed for carriage aboard a vessel and regularly carried aboard a vessel in foreign trade to another such barge owned or leased by the same owner or operator, without regard to whether any such barge is under foreign registry or qualified to engage in the coastwise trade." SEC. 2. For a period of five years following the enactment of this Report to Act, the Secretary of the Treasury shall at the beginning of each Congress. regular session make a report to the Congress regarding activities under this Act, including but not limited to the extent to which foreign governments are extending reciprocal privileges to the vessels of the United States. Approved November 23, 1971. LEGISLATIVE HISTORY: HOUSE REPORT No. 92-119 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 117 (1971): May 3, considered and passed House. Nov. 3, considered and passed Senate, amended. Nov. 11, House concurred in Senate amendments. 92nd Congress, H. R. 9526 April 6, 1972 An Act To authorize certain naval vessel loans, and for other purposes. 86 STAT. 118 Naval vessels. Loans to foreign coun tries. 70A Stat. 452. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding section 7307 of title 10, United States Code, or any other provision of law, the President may lend five destroyers and two submarines to the Government of Spain; one destroyer and two submarines to the Government of Turkey; two destroyers to the Government of Greece; two destroyers to the Republic of Korea; and two submarines to the Government of Italy in addition to any ships previously authorized to be loaned to these nations, with or without reimbursement and on such terms and under such conditions as the President may deem appropriate. All expenses involved in the activation, rehabilitation, and outfitting (including repairs, alterations, and logistic support) of ships transferred under this Act shall be charged to funds programed for the recipient government as grant military assistance under the provisions of the Foreign Assistance Act of 1961, as amended, or successor legislation, or to funds provided by the recipient government. The authority of the President to lend naval vessels under note. this section shall terminate on December 31, 1974. SEC. 2. Loans executed under this Act shall be for periods, not exceeding five years, at the end of which, each ship shall be returned to the United States Navy at a location to be designated by the Secretary of Defense. Loans executed under this Act shall be made subject to the condition that the loan may be terminated by the President if he finds that the armed forces of the borrowing country have engaged at any time after the date of such loan, in acts of warfare against any country which is a party to a mutual defense treaty ratified by the United States. Loans shall be made on the condition that they shall be terminated at an earlier date if the President determines they no longer contribute to the defense requirements of the United States. SEC. 3. No loan may be made under this Act unless the Secretary of Defense, after consultation with the Joint Chiefs of Staff, determines that such loan is in the best interest of the United States. The Secretary of Defense shall keep the Congress currently advised of all loans made or extended under this Act. SEC. 4. The President may promulgate such rules and regulations as he deems necessary to carry out the provisions of this Act. SEC. 5. Any loan made to a country under this Act shall not be construed as a commitment by the United States to the defense of that country. Approved April 6, 1972. 75 Stat. 424. 22 USC 2151 Presidential authority, termination date. Loan periods. Termination conditions. Information to Rules and regulations. LEGISLATIVE HISTORY: HOUSE REPORT: No. 92-680 (Comm. on Armed Services). Vol. 117 (1971): Deo. 6, considered and passed House. amended. Mar. 27, House concurred in Senate amendments. 92nd Congress, H. R. 11589 May 16, 1972 An Act To authorize the foreign sale of certain passenger vessels. sec 86 STAT. 140 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Notwithstanding Certain passenany other provision of law or of prior contract with the United States. ger vessels. any vessel heretofore operated as a passenger vessel, as defined in Foreign sale. tion 613(a) of the Merchant Marine Act, 1936, as amended, under an 75 Stat. 89. operating-differential subsidy contract with the United States and 46 USC 1183. now in inactive or layup status, except the steamship Independence and the steamship United States, may be sold and transferred to foreign ownership, registry, and flag, with the prior approval of the Secretary of Commerce. Such approval shall require (1) approval of Approval the purchaser; (2) payment of existing debt and private obligations conditions. related to the vessel; (3) approval of the price, including terms of payment, for the sale of the vessel; (4) the seller to enter into an agreement with the Secretary whereby an amount equal to the net proceeds received from such sale in excess of existing obligations and expenses incident to the sale shall within a reasonable period not to exceed twelve months of receipt be committed and thereafter be used as equity capital for the construction of new vessels which the Secretary determines are built to effectuate the purposes and policy of the Merchant Marine Act, 1936, as amended; and (5) the purchaser to 49 Stat. 1985. enter into an agreement with the Secretary, binding upon such purchaser and any later owner of the vessel and running with title to the vessel, that (a) the vessel will not carry passengers or cargo in competition, as determined by the Secretary, with any United States-flag passenger vessel for a period of two years from the date the transferred vessel goes into operation; (b) the vessel will be made available to the United States in time of emergency and just compensation for title or use, as the case may be, shall be paid in accordance with section 902 of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1242); 53 Stat. 1255; (c) the purchaser will comply with such further conditions as the 70 Stat. 985. Secretary may impose as authorized by sections 9, 37, and 41 of the 46 USC 1245. 79 Stat. 1305. Shipping Act, 1916, as amended (46 U.S.C. 808, 835, and 839); and 40 Stat. 901; (d) the purchaser will furnish a surety bond in an amount and with a surety satisfactory to the Secretary to secure performance of the fore- Surety bond. going agreements. In addition to any other provision such agreements may contain for Agreement, enenforcement of (4) and (5) above, the agreements therein required forcement. may be specifically enforced by decree for specific performance or injunction in any district court of the United States. In the agreement with the Secretary the purchaser shall irrevocably appoint a corporate agent within the United States for service of process upon such purchaser in any action to enforce the agreement. SEC. 2. The Secretary of Commerce is authorized and directed to SS United purchase the steamship United States, as is, where is, at the depreciated States, purcost of the vessel to the owner, as determined by the Secretary of chase. Commerce, less the unpaid principal and interest on the mortgage on the vessel, for layup in the National Defense Reserve Fleet and operation for the account of any agency or department of the United States during any period in which vessels may be requisitioned under section 902 of the Merchant Marine Act, 1936, and/or for sale or charter to 86 STAT. 141 computation. Depreciated cost a qualified operator for operation under the American flag. The depreciated cost of the vessel to the owner shall be computed on the schedule adopted by the Internal Revenue Service for income tax purposes. Such determination shall be final. The Secretary of Commerce shall require the owner of the vessel to agree that it will pay all existing private obligations related to the vessel, and that it will commit an amount equal to the net proceeds received from such sale in excess of existing obligations and expenses incident to the sale, within a reasonable period not to exceed twelve months of receipt, as equity capital for the construction of new vessels which the Secretary determines are built to effectuate the purposes and policy of the Merchant Marine Act, 1936, as amended. 49 Stat. 1985. 46 USC 1245. Approved May 16, 1972. 86-974 O 737 LEGISLATIVE HISTORY: HOUSE REPORT No. 92-617 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD: Vol. 117 (1971): Dec. 1, considered and passed House. 92nd Congress, H. R. 9552 An Act To amend the cruise legislation of the Merchant Marine Act, 1936. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 613 of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1183), is amended as follows: (a) Subsection (b) is amended as follows: (A) By striking out "effective before January 2, 1960, is required for at least one-third of each year, but not" and inserting in lieu thereof "effective before January 2, 1960, is not required". (B) By striking out "(1) on such service, route, or line for such part of each year" and inserting in lieu thereof "(1) on such service, route, or line for some part or no part of each year”. (C) By striking out "(2) on cruises for all or part of the remainder of each year" and inserting in lieu thereof "(2) on cruises for all or part of each year". (b) Subsection (d) is amended as follows: (A) By inserting after the numeral "(1)" the words "except as provided in subdivision (4) of this subsection" and a comma. (B) By inserting a new subsection (4) to read as follows: "(4) Any other provisions of the Merchant Marine Act, 1936, or of the Shipping Act, 1916, to the contrary notwithstanding, 39 Stat. 728. with the approval of the Secretary of Commerce, it may carry 46 USC 842. cargo and mail between ports to the extent such carriage is not in direct competition with a carrier offering United States-flag berth service between those ports, or, if such carriage is in direct competition with one or more carriers offering United States-flag berth service between such ports, with the consent of the next scheduled United States-flag carrier, which consent shall not be unreasonably withheld in the judgment of the Maritime Administrator." (c) The first sentence of subsection (e) is amended by inserting after the words "after consideration of all relevant matter presented, shall" the words "approve the proposed cruise" and by striking out the last comma in the sentence and the words "approve the proposed cruise" at the end of the sentence. Approved June 30, 1972. LEGISLATIVE HISTORY: HOUSE REPORT No. 92-931 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 92-889 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 118 (1972): Apr. 11, considered and passed House. June 21, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 8, No. 27: July 1, Presidential statement. |