the Federal Maritime Commission for approval prior to LEGISLATIVE HISTORY House Report No. 1126 (Committee on Merchant Marine and Senate Report No. 770 (Committee on Commerce). Congressional Record: Volume 109 (1963) December 13, considered and passed Volume 110 (1964): February 17, passed House. [PUBLIC LAW 88-370] [88TH CONGRESS, H.R. 10053] [JULY 11, 1964] AN ACT To amend section 502 of the Merchant Marine Act, 1936, relating to construction differential subsides. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proviso in the second sentence of subsection (b) of section 502 of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1152 (b)), is amended by striking out "June 30, 1964," and inserting in lieu thereof "June 30, 1965,". Approved July 11, 1964. LEGISLATIVE HISTORY House report No. 1366 (Committee on Merchant Marine and Senate report No. 1100 (Committee on Commerce). Congressional Record, volume 110 (1964): May 4: Considered and passed House. June 29: Considered and passed Senate, amended. June 30, July 2: House concurred in Senate amendments. 78 Stat. 385. 49 Stat. 1995. 46 U.S.C. 1151 [PUBLIC LAW 88-410] [88TH CONGRESS, H.R. 82] [AUGUST 10, 1964] AN ACT To amend the Merchant Marine Act, 1936, in order to provide for the reimbursement of certain vessel construction expenses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 502(f) of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1152(f)), is amended by inserting at the end thereof the following: "If, as a result of allocation under this subsection, the applicant incurs expenses for inspection and supervision of the vessel during construction and for the delivery voyage of the vessel in excess of the estimated expenses for the same services that he would have incurred if the vessel had been constructed by the lowest responsible bidder the Secretary of Commerce (with respect to construction under title V, except section 509) shall reimburse the applicant for such excess, less one-half of any gross income the applicant receives that is allocable to the delivery voyage minus one-half of the extra expenses incurred to produce such gross income, and such reimbursement shall not be considered part of the constructiondifferential subsidy: Provided, That no interest shall be 46 U.S.C. 1159. paid on any refund authorized under this Act. et seq. If the vessel is constructed under section 509 the Secretary of Commerce shall reduce the price of the vessel by such excess, less one-half of any gross income (minus one-half of the extra expenses incurred to produce such gross income) the applicant receives that is allocable to the delivery voyage. In the case of a vessel that is not to receive operating-differential subsidy, the delivery voyage shall be deemed terminated at the port where the vessel begins loading. In the case of a vessel that is to receive operating-differential subsidy, the delivery voyage shall be deemed terminated when the vessel begins loading at a United States port on any essential service of the operator. In either case, however, the vessel owner shall not be compensated for excess vessel delivery costs in an amount greater than the expenses that would have been incurred in delivering the vessel from the shipyard at which it was built to the shipyard of the lowest responsible bidder. If as a result of such allocation, the expenses the applicant incurs with respect to such services are less than the expenses he would have incurred for such services if the vessel had been constructed by the lowest responsible bidder, the applicant shall pay to the Secretary of Commerce an amount equal to such reduction and, if the vessel was built with the aid of construction-differential subsidy, such payment shall not be considered a reduction of the construction-differential subsidy." Modification SEC. 2. The amendment made by this Act shall be of contract. effective with respect to any contract entered into under the provisions of section 502 of the Merchant Marine Act, 1936, as amended, and the Secretary of Commerce shall, with the consent of the other 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, except that the Secretary shall not agree to any such modification which would result in a payment by the United States unless, within one year after enactment of this Act, application is made for such modification. No payment shall be made by the Secretary under the provisions of the amendment made by this Act with respect to any contract entered into after the date of enactment of this Act unless the recipient of such payment has agreed to the modification of any contract which was entered into prior to the date of enactment of this Act and to which such recipient was a party, and which, if modified under the authority of this section, would result in a payment to the United States. Approved August 10, 1964. LEGISLATIVE HISTORY House report No. 604 (Committee on Merchant Marine and Senate report No. 486 (Committee on Commerce). Congressional Record: Volume 109 (1963): August 5, considered and passed House. December 4, considered and passed Senate, amended. Volume 110 (1964): July 21, Senate agreed to conference report. July 28, House agreed to conference report. 78 Stat. 386. [PUBLIC LAW 88-478] [88TH CONGRESS, S. 927] [AUGUST 22, 1964] AN ACT 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. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1209 (a) (2) of the Merchant Marine Act, 1936, is amended (1) in the first sentence by striking out all beginning with "Provided, however" through "Provided further" and inserting in lieu thereof "Provided"; and (2) in the second sentence by striking out all beginning with "Provided, however" through "And provided further" and insert in lieu thereof "Provided". SEC. 2. The amendments made by this Act shall be applicable to war risk insurance coverage attaching after the date of enactment. Approved August 22, 1964. LEGISLATIVE HISTORY House report No. 1705 (Committee on Merchant Marine and Senate report No. 523 (Committee on Commerce). Congressional Record: Volume 109 (1963) December 5, considered and passed Volume 110 (1964): August 12, considered and passed House. 78 Stat. 614. Fishing Fleet [PUBLIC LAW 88-498] [88TH CONGRESS, S. 1006] [AUGUST 30, 1964] AN ACT To amend the Act of June 12, 1960, for the correction of inequities in the construction of fishing vessels, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of June 12, 1960, as amended, may 46 U.S.C. 1401- be cited as the "United States Fishing Fleet Improve Act. 1413. Construction subsidies. ment Act". SEC. 2. The Act of June 12, 1960 (74 Stat. 212), is amended as follows: (1) Strike out the first section and insert in lieu thereof the following: "That in order to correct inequities in the construction of fishing vessels of the United States, the Secretary of the Interior is authorized to pay in accordance with this Act a subsidy for the construction of such vessels in the shipyards of the United States."; (2) in section 2 delete the word "and" at the end of subsection (6); add a new subsection (7) as follows: "(7) the vessel will be of advance design, which will enable it to operate in expanded areas, and be equipped with newly developed gear, and will not operate in a fishery, if such operation would cause (3) amend section 3 by inserting "after notice (4) delete section 4; (5) in section 5, delete the phrase "333 per centum" and substitute "50 per cent"; (6) amend section 9 to read: other fisheries. "SEC. 9. The Secretary of the Interior, in the exercise Transfers to of his discretion, after notice and hearing, may approve the transfer of a vessel constructed with the aid of a construction subsidy, whose operations have become uneconomical or less economical because of an actual decline in the particular fishery for which it was designed, to another fishery where he determines that such transfer would not cause economic hardship or injury to efficient vessel operators already operating in that fishery. If any fishing vessel constructed with the aid of a construction subsidy in accordance with the provisions of this Act, as amended, is operated during its useful life, as determined by the Secretary, contrary to the provisions of this Act or any regulations issued thereunder, the owner of such vessel shall repay to the Secretary, in accordance with such terms and conditions as the Secretary shall prescribe an amount not to exceed the total depreciated construction subsidy paid by the Secretary pursuant to this Act and this shall constitute a maritime lien against such vessel. The obligations under this section shall run with the title to the vessel."; (7) in section 12, delete "$2,500,000" and substi- 78 Stat. 614. tute $10,000,000”; and (8) amend section 13 to read: "SEC. 13. No application for a subsidy for the construction of a fishing vessel may be accepted by the Secretary after June 30, 1969." Approved August 30, 1964. Expiration date. LEGISLATIVE HISTORY House report No. 1524 (Committee on Merchant Marine and Fisheries). Senate report No. 481 (Committee on Commerce). Congressional Record: Volume 109 (1963): October 1, considered in Senate. October 2, considered and passed Senate. Volume 110 (1964): August 14, considered and passed House, amended. |