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83d Congress
Chapter 512 - 2d Session
H. R. 8538

AN ACT

All 68 Stat. 484.

To provide for the revocation or denial of merchant marine documents to persons involved in certain narcotics violations.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, That when used in Narcotic users. this Act

Seaman's doou

(a) The term "narcotic drug" shall have the meaning ascribed to ment. that term by paragraph (a) of the first section of the Narcotic Drugs Import and Export Act, as amended (21 U. S. C., sec. 171 (a)), and 58 Stat. 721. also shall include marihuana as defined in section 3238 (b) of the Internal Revenue Code.

53 Stat. 387.

(b) The term "Secretary" means the head of the department in 26 USC 3238. which the Coast Guard is operating.

(c) The term "seaman's document" means any document authorized by law or regulation to be issued to a merchant mariner by the Secretary.

SEC. 2. The Secretary may—

(a) deny a seaman's document to

(1) any person who, within ten years prior to the date of the application therefor, has been convicted in a court of record of a violation of the narcotic drug laws of the United States, the District of Columbia, or any State or Territory of the United States, which conviction has become final; or

(2) any person who, unless he furnishes satisfactory evidence that he is cured, has ever been a user of or addicted to the use of a narcotic drug; and

Denial.

(b) take action, based on a hearing before a Coast Guard Revocation. examiner, under hearing procedures prescribed by the Administrative Procedure Act, as amended (U. S. C., title 5, secs. 10011011), to revoke the seaman's document of—

(1) any person who, subsequent to the effective date of this Act and within ten years prior to the institution of the action, has been convicted in a court of record of a violation of the narcotic drug laws of the United States, the District of Columbia, or any State or Territory of the United States, the revocation to be subject to the conviction's becoming final; or

(2) any person who, unless he furnishes satisfactory evidence that he is cured, has been, subsequent to the effective date of this Act, a user of or addicted to the use of a narcotic drug. Approved July 15, 1954.

60 Stat. 237.

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To provide for the restoration and maintenance of the United States ship Constitution and to authorize the disposition of the United States ship Constellation, United States ship Hartford, United States ship Olympia, and United States ship Oregon, 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 Secretary Historic ships. of the Navy is authorized to repair, equip, and restore the United States U.s.s. Constiship Constitution, as far as may be practicable, to her original condi- tution. tion, but not for active service, and thereafter to maintain the United Restoration. States ship Constitution at Boston, Massachusetts.

SEC. 2. The Secretary of the Navy is authorized

U.S.S. Constel

(a) to make minimum repairs to the United States ship Con- lation. stellation so as to enable that vessel to be safely transported, by Transfer to towing or otherwise, from its present berth to the harbor of Baltimore, Md., Baltimore, Maryland;

(b) to transport, by towing or otherwise, the United States ship Constellation from its present berth to the harbor of Baltimore, Maryland; and

(c) to transfer by gift the United States ship Constellation to the State of Maryland, the city of Baltimore, or to a corporation or association located in Baltimore whose charter or articles of agreement denies it the right to operate for profit, for restoration as a public memorial.at Baltimore, Maryland.

SEC. 3. The Secretary of the Navy is authorized

etc.

U.S.S. Hartford.

(a) to make minimum repairs to the United States ship Hart- Transfer to ford so as to enable that vessel to be safely transported, by towing Mobile, Ala., or otherwise, from its present berth to the harbor of Mobile, etc.

Alabama;

(b) to transport, by towing or otherwise, the United States ship Hartford, from its present berth to the harbor of Mobile, Alabama; and

(c) to transfer by gift the United States ship Hartford to the State of Alabama, the city of Mobile, or to a corporation or association located in Mobile whose charter or articles of agreement denies it the right to operate for profit, for restoration as a public memorial at Mobile, Alabama.

SEC. 4. The Secretary of the Navy is authorized to make the trans- Terms and fers authorized in subsections 2 (c) and 3 (c) under such terms and conditions. conditions as he shall prescribe, such terms and conditions to include

but not be limited to the following:

(a) Application for transfer hereunder will not be considered
unless received within one year of the enactment of this Act;
(b) Each transferee shall take delivery of the vessel within one

year of enactment of this Act;

(c) On failure to take delivery within one year of enactment 68 Stat. 527. of this Act, the transferor having been willing and ready to make 68 Stat. 528. delivery and having offered delivery, the transferee shall lose

all rights and interest in the vessel;

(d) Each transferee shall agree to maintain the vessel in a condition satisfactory to the Department of the Navy; and

(e) After delivery, the transferor shall make no further expendi

tures for maintenance of the vessel transferred.

SEC. 5. The Secretary of the Navy is directed to retain title and U.S.S. Olympia custody of, and to maintain the United States ships Olympia and and Oregon. Oregon for a period of six months after enactment of this Act, during Donation appliwhich period any of the several States. Territories, or possessions of cation.

62555 O-60-45

Transfer.

All 68 Stat. 528.

Terms and conditions.

Di sapproved donations. Disposal.

Parts' sale, eto.

Repeal. Contribution return, eto.

the United States and political subdivisions, or municipal corporations thereof, the District of Columbia, Canal Zone, or corporations or associations whose charter or articles of agreement denies them the right to operate for profit, may apply for donation of either or both of these vessels for restoration as a public memorial or memorials. The Secretary is authorized to transfer such vessel or vessels to the aforementioned applicants under such terms and conditions as he shall prescribe. If within one year from the enactment of this Act any transferee has not taken delivery of the vessel or vessels named in this section for which his application for donation has been approved, the transferor having been willing and ready to make delivery and having offered delivery, then said transferee shall lose all rights and interest in said vessel or vessels and the Secretary of the Navy may dispose of it in the manner he would if the application had not been received. Each transfer agreement shall include a stipulation that the transferee shall maintain the vessel in a condition satisfactory to the Navy Department and that no expense shall result to the United States as a consequence of such transfer or as a consequence of such terms and conditions prescribed by the Secretary of the Navy.

SEC. 6. Upon expiration of the one year period specified in section 5 of this Act, the Secretary of the Navy is authorized to dispose of each of the vessels specified in section 5 hereof, for which an application for donation has not been approved by the Secretary. Any such vessel may be disposed of by sale or by scrapping, in the discretion of the Secretary. Any parts of historical interest may be removed from these ships prior to sale or scrapping and retained by the Department of the Navy, or, in the discretion of the Secretary of the Navy, loaned or donated to such nonprofit historical or éducational institutions as he may select.

SEC. 7. The Secretary of the Navy is further authorized, prior to any sale or scrapping of the United States ships Olympia and Oregon, to sell, under such regulations as he may prescribe, such parts or pieces of these vessels as may be suitable for use as relics, souvenirs, or mementos. Any amounts collected as the result of sales authorized by this section shall be deposited and covered into the Treasury as miscellaneous receipts.

SEC. 8. The Act of March 13, 1948 (62 Stat. 79), is hereby repealed. Amounts received by the Department of the Navy as donations or contributions under that Act shall be returned to the donors except that in any cases where donations or contributions cannot be returned such amounts will be deposited and covered into the Treasury as miscellaneous receipts.

Approved July 23, 1954.

Chapter 613- 2d Session

H.R. 8571

AN ACT

To authorize the construction of naval vessels, and for other purposes.

68 Stat. 578.

68 Stat. 579.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President Naval vessels. is authorized to undertake the construction of, or to acquire and con- Construction, vert, not to exceed sixteen thousand tons of modern naval vessels in to. the combatant category, divided into the following subcategories:

(a) Mine warfare vessels, four thousand tons; and
(b) Patrol vessels, twelve thousand tons.

To the extent that any ships authorized under this Act are constructed
in private shipyards, such contract shall be awarded to the lowest
responsible bidder insofar as national security requirements will per-
mit and such award is practical, and is not inconsistent with the pro-
visions of the Armed Services Procurement Act of 1947 or the Act of
March 27, 1934 (ch. 95, 48 Stat. 503), as amended.

34 USC 494-497.

SEC. 2. There is hereby authorized to be appropriated such sums Appropriation. as may be necessary for the construction, or for the acquisition and conversion, of the foregoing vessels.

SEC. 3. The Act of August 8, 1950 (64 Stat. 420), is hereby amended 34 USC 498m. by deleting "$350,000,000" and inserting in lieu thereof "$450,000,000". Approved July 29, 1954.

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To authorize the Secretary of Commerce to sell certain war-built passenger-cargo vessels, and for other purposes.

Resolved by the Senate and House of Representatives of the United

States of America in Congress assembled, That (a) the Secretary of War built vesCommerce is hereby authorized, during a period of six months after sels, eto. the enactment of this Act, to sell to American President Lines, Limited, Sale to American the war-built passenger-cargo vessels, the steamship President Cleve- President Lines, Ltd. land and the steamship President Wilson, on an as-is where-is basis, at the sales price of $6,500,000 per vessel and from such price there shall be subtracted, as depreciation, $1,225 per day per vessel for the period beginning April 1, 1954, and ending with date of execution of the contract of sale of the respective vessel. Each such sale shall be on the basis of the payment of not less than 25 per centum of the respective vessel sales price at the time of the execution of such vessel sales contract, with balance payable in approximately equal annual installments over the remainder of the twenty-year economic life of the vessel with interest on the portion of the vessel sales price remaining unpaid at the rate of 312 per centum per annum. The obligation of the purchaser with respect to payment of such unpaid balance, with interest, shall be secured by a preferred mortgage on the vessel sold, which mortgage may provide that the sole recourse against the purchaser of the vessel under such mortgage, and any of the notes secured thereby, shall be limited to repossession of the vessel by the United States and the assignment of insurance claims, if the purchaser shall have complied with all provisions of the mortgage other than those relating to the payment of principal and interest when due, and the obligation of the purchaser shall be satisfied and discharged by the surrender of the vessel, and all right, title, and interest therein to the United States. Such vessel upon surrender shall be (1) free and clear of all liens and encumbrances whatsoever, except the lien of the preferred mortgage, (2) in class, and (3) in as good order and condition, ordinary wear and tear excepted, as when acquired by the purchaser, except that any deficiencies with respect to freedom from encumbrances, condition, and class, may, to the extent covered by valid policies of insurance, be satisfied by the assignment to the United States of claims of the purchaser under such policies of insurance. 68 Stat. 582. (b) Any contract of sale executed under authority of this Act 68 Stat. 583. shall provide that in the event the United States shall, through Requisition or purchase or requisition, acquire ownership of such vessels or vessel, acquisition by the owner shall be paid therefor the value thereof, but in no eventu. S. shall such payment exceed the actual depreciated sales price under such contract (together with the actual depreciated cost of capital improvements thereon), or the fair and reasonable scrap value of such vessel, as determined by the Maritime Administrator, whichever is the greater; that such determination shall be final; that in computing the depreciated acquisition cost of such vessel, the depreciation shall be computed on the vessels on the schedule adopted by the Internal Revenue Service for income tax purposes as applicable to each such vessel; that each such vessel shall remain documented under the laws of the United States during the remainder of the twenty-year economic life of the vessel or as long as there remains due the United States any principal or interest on account of the sales price, whichever is the longer period; and that the foregoing

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