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5 U.S.C. 1041. 64 Stat. 1132.

5 U.S.C. 1042. 64 Stat. 1132.

64 Stat. 1132.

64 Stat. 1133.

title 28, United States Code, section 2101 (e), regarding stays, shall also apply to proceedings under this Act.

RULES

SEC. 11. The several courts of appeals shall adopt and promulgate rules governing the practice and procedure, including prehearing conference procedure, in proceedings to review orders under this Act: Provided, however, That such rules shall be approved by the Judicial Conference of the United States.

ENFORCEMENT

SEC. 12. The several United States district courts are hereby vested with jurisdiction specifically to enforce, and to enjoin and restrain any person from violating any order heretofore or hereafter issued under section 203 of the Packers and Stockyards Act, 1921 (42 Stat. 161).

REPEALS

SEC. 13. All laws or parts of laws inconsistent with the provisions of this Act are repealed.

EFFECTIVE DATE

SEC. 14. This Act shall take effect on the thirtieth day after the date of its approval. However, actions to enjoin, or set aside, or suspend orders of the Federal Communications Commission or the Secretary of Agriculture, or the United States Maritime Commission, the Federal Maritime Board, and the Maritime Administration which are pending when this Act becomes effective, shall not be affected thereby, but shall proceed to final disposition under the existing law.

Approved December 29, 1950.

APPENDIX I

PUBLIC LAWS OF THE 87TH AND 88TH CONGRESSES AND THE FIRST SESSION OF THE 89TH CONGRESS AMENDING THE MERCHANT MARINE ACT, 1936, THE MERCHANT MARINE ACT, 1920, THE SHIPPING ACT, 1916, AND THE FISHING VESSEL CONSTRUCTION ASSISTANCE ACT OF 1960 AND RELATED ACTS

87th Congress

Public Law 87-45 (75 Stat 89). To amend title VI of the Merchant Marine Act, 1936, to authorize the payment of operating-differential subsidy for cruises_

Public Law 87-75 (75 Stat. 195). To amend Public Law 85-626, as amended
by Public Law 86-542, relating to dual rate contract agreements---
Public Law 87-93 (75 Stat. 212). To amend section 216 of the Merchant
Marine Act, 1936, as amended, to clarify the status of the faculty and
administrative staff at the United States Merchant Marine Academy,
to establish suitable personnel policies for such personnel, and for other
purposes--

Public Law 87-199 (75 Stat. 468). To amend section 216(b) of the Mer-
chant Marine Act, 1936, as amended, to permit the appointment of
United States nationals to the Merchant Marine Academy--.
Public Law 87-208 (75 Stat. 480). To amend section 216 of the Merchant
Marine Act, 1936, as amended, to authorize the Secretary of Com-
merce to accept gifts and bequests of personal property for the United
States Merchant Marine Academy. This public law added a new subsec-
section (g) to section 216. This subsection was repealed by Public Law
86-611-.

Public Law 87-222 (75 Stat. 494). To amend title V of the Merchant
Marine Act, 1936, in order to clarify the construction subsidy provisions
with respect to reconstruction, reconditioning and conversion, and for
other purposes--

Public Law 87-243 (75 Stat. 513). To amend title VI of the Merchant
Marine Act, 1936, as amended, in order to increase certain limitations in
payments on account of operating-differential subsidy under such title__
Public Law 87-244 (75 Stat. 514). To authorize the Secretary of the In-
terior to nominate citizens of the Trust Territories of the Pacific Islands
to be cadets at the United States Merchant Marine Academy_.
Public Law 87-252 (75 Stat. 521). To make the Panama Canal Company
immune from attachment or garnishment of salaries owed to its em-
ployees, and to amend the Shipping Act, 1916. (Amends Public Law
85-626, which amends section 14, Shipping Act, 1916.) __.
Public Law 87-254 (75 Stat. 522). To amend the Shipping Act, 1916, to
provide for licensing independent ocean freight forwarders, and for
other purposes--

Public Law 87-266 (75 Stat. 565). To amend the Merchant Marine Act,
1936, as amended, to encourage the construction and maintenance of
American-flag vessels built in American shipyards. (Amends section
901 (b) of the Merchant Marine Act, 1936.) ––.

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Public Law 87-271 (75 Stat. 570). To amend section 607 (b) of the Merchant Marine Act, 1936, as amended__.

250

Public Law 87-303 (75 Stat. 661). To amend the Ship Mortgage Act, 1920,
with respect to its applicability to certain vessels..
Public Law 87-346 (75 Stat. 762). To amend the Shipping Act, 1916, as
amended, to authorize ocean common carriers and conferences thereof
serving the foreign commerce of the United States to enter into effective
and fair dual rate contracts with shippers and consignees, and for other
purposes---

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252

Public Law 87-401 (75 Stat. 833). To amend section 510 of the Merchant Marine Act, 1936, to provide for the trade-in of obsolete vessels in connection with the construction of new vessels, either at the time of executing the construction contract or at the time of delivery of new vessel_____.

Public Law 87-743 (76 Stat. 740). To amend section 1208 (a) of the
Merchant Marine Act, 1936, to authorize investment of the war risk
insurance fund in securities of, or guaranteed by, the United States____
Public Law 87-755 (76 Stat. 751). To amend section 510 (a) (1), Mer-
chant Marine Act, 1936.

Public Law 87-782 (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_‒‒‒‒
Public Law 87-839 (76 Stat. 1074). To amend the Merchant Marine
Act, 1936, to develop American-flag carriers and promote the foreign
commerce of the United States through the use of mobile trade fairs____
Public Law 87-877 (76 Stat. 1200). To amend section 502 of the Mer-
chant Marine Act, 1936, as amended, and for other purposes___

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88th Congress

Public Law 88-5 (77 Stat. 5). To extend the provisions of section 3 of
Public Law 87-346, relating to dual rate contracts_-_.
Public Law 88-103 (77 Stat. 129). To exclude cargo which is lumber
from certain tariff filing requirements under the Shipping Act, 1916, as
amended..

Public Law 88-225 (77 Stat. 469). To amend Public Law 86-518 and
section 506 of the Merchant Marine Act, 1936, to authorize the amend-
ment of contracts between shipowners and the United States dealing
with vessels whose life has been extended by Public Law 86-518--‒‒‒.
Public Law 88-227 (77 Stat. 470). 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___
Public Law 88-275 (78 Stat. 148). To amend the provisions of section
15 of the Shipping Act, 1916, to provide for the exemption of certain
terminal leases from penalties.
Public Law 88-370 (78 Stat. 313). To amend section 502 of the Mer-
chant Marine Act, 1936, relating to construction differential subsidies__
Public Law 88-410 (78 Stat. 385). To amend the Merchant Marine Act,
1936, in order to provide for the reimbursement of certain vessel con-
struction expenses--
Public Law 88-478 (78 Stat. 587). To amend title 12 of the Merchant
Marine Act, 1936, in order to remove certain limitations with respect
to war risk insurance issued under the provisions of such title....
Public Law 88-498 (78 Stat. 614). To amend the Act of June 12, 1960, for
the correction of inequities in the construction of fishing vessels, and
for other purposes--.

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271

272

Public Law 88-595 (78 Stat. 943). 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---.

274

Public Law 88-611 (78 Stat. 991). To authorize the Secretary of Commerce to accept gifts and bequests for the purposes of the Department of Commerce, and for other purposes__.

274

89th Congress, 1st Session

Public Law 89-66 (79 Stat. 211). To amend the Merchant Marine Act, 1936, to provide for the continuation of authority to develop American-flag carriers and promote the foreign commerce of the United States through the use of mobile trade fairs___

276

Public Law 89-71 (79 Stat. 213). To equalize certain penalties in the
Intercoastal Shipping Act, 1933-

276

Public Law 89-89 (79 Stat. 264). To extend the provisions of title XII of the Merchant Marine Act, 1936, relating to war risk insurance, for an additional five years, ending September 7, 1970_.

277

Public Law 89-127 (79 Stat. 519). To amend section 502 of the Merchant
Marine Act, 1936, relating to construction differential subsidies----
Public Law 89-194 (79 Stat. 823). To amend section 27, Merchant Marine
Act of 1920, as amended (46 U.S.C. 883) -----
Public Law 89-254 (79 Stat. 980).
Marine Act, 1936_

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278

To amend section 510 of the Merchant

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284

Public Law 89-303 (79 Stat. 1124). To amend the requirements relating
to lumber under the Shipping Act, 1916_.
Public Law 89-346 (79 Stat. 1305). To amend sections 9 and 37 of the
Shipping Act, 1916, and subsection O of the Ship Mortgage Act, 1920----
Public Law 89-348 (79 Stat. 1310). To discontinue or modify certain
reporting requirements of law..

[PUBLIC LAW 87-45]

[87TH CONGRESS, H.R. 6100]

[MAY 27, 1961]

AN ACT

To amend title VI of the Merchant Marine Act, 1936, to authorize
the payment of operating-differential subsidy for cruises.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress
assembled, That title VI of the Merchant Marine Act,
1936, as amended (46 U.S.C. 1171–1182), is amended by
inserting at the end thereof a new section 613, to read as
follows:

"SEC. 613. (a) In this section, 'passenger vessel' means a vessel which (1) is of not less than ten thousand gross tons, and (2) has accommodations for not less than one hundred passengers.

"(b) If the Board finds that the operation of passenger vessels with respect to which an application for operat

Vessels.
Off-season

cruises.

49 Stat. 2001;

52 Stat. 961.

ing-differential subsidy has been filed under section 601 46 U.S.C. 1171. of this title is required for at least two-thirds of each year, 75 Stat. 89. but not for all of each year, in order to furnish adequate 75 Stat. 90. service on the service, route, or line with respect to which the application was filed, the Board may approve the application for payment of operating-differential subsidy for operation of the vessels (1) on such service, route, or line for such part of each year, and (2) on cruises for all or part of the remainder of each year if such specific cruise is approved by the Board under subsection (e) of this section.

66

"(c) Cruises authorized by this section must begin and end at a domestic port or ports on the same seacoast of the United States from which the operator operates or conducts the regular service to which the vessels are assigned. When a vessel is being operated on cruises

"(1) it shall carry no mail unless required by law, or cargo except passengers' luggage, except between those ports between which it may carry mail and cargo on its regular service assigned by contract;

Conditions for cruises.

operation on

"(2) it shall carry passengers on a round-trip basis, except between those ports between which it may carry one-way passengers on its regular service assigned by contract;

"(3) it shall embark passengers only at domestic ports on the same seacoast of the United States as that to which the vessel is assigned on its regular service; and

"(4) it shall stop at other domestic ports only for the same time and the same purposes as is permitted with respect to a foreign-flag vessel which is carrying passengers who embarked at a domestic port.

46 U.S.C. 1175. Section 605 (c) of this Act shall not apply to cruises authorized under this section.

Subsidy con

tracts. Review.

Cruise application.

Seacoasts of
United States.

49 Stat. 2001.

"(d) The Board may from time to time review operating differential subsidy contracts entered into under this title for the operation of passenger vessels, and upon a finding that operation of such vessels upon a service, route, or line is required in order to furnish adequate service on such service, route, or line, but is not required for the entire year, may amend such contracts to agree to pay operating differential subsidy for operation of such vessels on cruises, as authorized by this section, for part or all of the remainder, but not exceeding one-third, of each year, if each specific cruise is approved by the Board under subsection (e) of this section.

"(e) Upon the application of any operator for approval of a specific cruise, the Board, after notice to all other American flag operators who may be affected and after affording all such operators an opportunity to submit written data, views or arguments, with or without opportunity to present the same orally in any manner, and after consideration of all relevant matter presented, shall, if it determines that the proposed cruise will not substantially adversely affect an existing operator's service performed with passenger vessels of United States registry, approve the proposed cruise. Such approval shall not be given more than two years in advance of the beginning of the cruise.

66 (f) As used in this section the following three are the seacoasts of the United States: (1) the Atlantic coast, including the Great Lakes but excluding the Gulf of Mexico; (2) the Gulf of Mexico; and (3) the Pacific coast, including Alaska and Hawaii.”

SEC. 2. Section 601 (a) of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1171), is amended as follows:

(a) The first sentence thereof is amended by inserting immediately before the period at the end thereof the words "or in such service and in cruises authorized under section 613 of this title."

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