Imágenes de páginas
PDF
EPUB

(2) Any vessel in respect of which an ocean mail contract is made under Title IV of this Act—at any time during the period for which the contract is made.

(b) In such event the owner shall be paid the fair actual value of the vessel at the time of taking, or paid the fair compensation for her use based upon such fair actual value; but in neither case shall such fair actual value be enhanced by the causes necessitating the taking. In the case of a vessel taken and used, but not purchased, the vessel shall be restored to the owner in a condition at least as good as when taken, less reasonable wear and tear, or the owner shall be paid an amount for reconditioning sufficient to place the vessel in such condition. The owner shall not be paid for any consequential damages arising from such taking and purchase or use.

(c) The President shall ascertain the fair compensation for such taking and purchase or use and shall certify to Congress the amount so found by him to be due, for appropriation and payment to the person entitled thereto. If the amount found by the President to be due is unsatisfactory to the person entitled thereto, such person shall be entitled to sue the United States for the amount of such fair compensation and such suit shall be brought in the manner provided by paragraph 20 of section 24 or by section 145 of the Judicial Code, as amended [U. S. C., Title 28, §§ 41, 250].

DEFINITIONS

SEC. 703. (a) When used in this Act, and for the purposes of this Act only, the words " foreign trade" mean trade between the United States, its Territories or possessions, or the District of Columbia and a foreign country: Provided, however, That the loading or the unloading of cargo, mail, or passengers at any port in any territory or possession of the United States shall be construed to be foreign trade if the stop at such territory or possession is an intermediate stop on what would otherwise be a voyage in foreign trade.

(b) When used in this Act the term "citizen of the United States" includes a corporation, partnership, or association only if it is a citizen of the United States within the meaning of section 2 of the Shipping Act, 1916, as amended [U. S. C., Title 46, § 802].

REAFFIRMATION OF POLICY

SEC. 704. The policy and the primary purpose declared in section 7 of the Merchant Marine Act, 1920 [U.*S. C., Title 46, § 866], are hereby reaffirmed.

SHIP OPERATIONS

SEC. 705. In the allocations of the operations of the ships, the Shipping Board shall distribute them as far as possible and without detriment to the service among the various ports of the country.

SHORT TITLE

SEC. 706. This Act may be cited as the "Merchant Marine Act, 1928.".

Approved, May 22, 1928.

[PUBLIC-No. 778-70TH CONGRESS]

UNITED STATES SHIPPING BOARD

For seven commissioners at $12,000 each per annum, $84,000. For all other expenditures authorized by law, including the compensation of a secretary to the board, attorneys, officers, naval architects, special experts, examiners, and clerks, including one admiralty counsel at $10,000 per annum, one technical expert in connection with construction loan fund, at $10,000 per annum, and other employees in the District of Columbia and elsewhere; and for all other expenses of the board, including the rental of quarters outside the District of Columbia, law books, books of reference, periodicals, and traveling expenses of members of the board, its special experts, and other employees, while upon official business away from their designated posts of duty, and for the employment by contract or otherwise of expert stenographic reporters for its official reporting work and including the investigation of foreign discrimination against vessels and shippers of the United States and for the investigation of transportation of immigrants in vessels of the United States Shipping Board, $265,750, of which amount not to exceed $240,000 may be expended for personal services in the District of Columbia: Provided, That the annual estimates of the Shipping Board for the fiscal year 1931 shall be accompanied by a statement showing the number and compensation of employees of the Fleet Corporation assigned to the Shipping Board.

For all printing and binding for the United States Shipping Board, including all of its bureaus, offices, institutions, and services located in Washington, District of Columbia, and elsewhere, $10,000.

UNITED STATES SHIPPING BOARD SHIPPING FUND

For expenses of the United States Shipping Board Merchant Fleet Corporation during the fiscal year ending June 30, 1930, for administrative purposes, miscellaneous adjustments, losses due to the maintenance and operation of ships, for the repair of ships, for the purchase, exchange, maintenance, repair, and operation of motor vehicles for official purposes only; for the payment of premiums for liability, fire, theft, property damage and collision insurance and for other forms of insurance, including schedule and fidelity bonds, commonly carried by commercial corporations engaged in the same or a similar business, and for carrying out the provisions of the Merchant Marine Act, 1920, and amendments thereto, (a) the amount on hand July 1, 1929, not to exceed $50,000,000, including such sums as the Shipping Board may have reserved or committed from the fiscal year

1927 for the reconditioning of vessels; (b) $11,134,250, including the salaries of employees of the Fleet Corporation assigned to the Shipping Board, of which $1,500,000 may be used for reconditioning and operating ships for carrying coal to foreign ports, together with the unexpended balance of the $1,000,000 authorized for this purpose for the fiscal year 1929, and $500,000 shall be available only for research and experimental development in ship and machinery design, construction, and operation; (c) all amounts received during the fiscal year ending June 30, 1930, other than the proceeds of sales of ships and surplus property; (d) so much of the total proceeds of sales of ships and surplus property received during the fiscal year 1930, but not exceeding $2,100,000, as is necessary to meet the expenses of liquidation, including the cost of maintaining the laid-up fleet and the salaries and expenses of the personnel engaged in liquídation: Provided, That no part of these sums, (a), (b), (c), and (d), shall be used for the payment of claims arising out of the construction and requisitioning of vessels; (e) all interest earned on the funds, excepting the construction loan fund, of the United States Shipping Board Merchant Fleet Corporation is to accrue to these funds and is made available for the purposes hereinbefore set forth subject to the limitations herein established.

That portion of the special claims appropriation, contained in the Independent Offices Appropriation Act for the fiscal year 1923, committed prior to July 1, 1923, and remaining unexpended on June 30, 1929, shall continue available until June 30, 1930, for the same purposes and under the same conditions.

To enable the United States Shipping Board Merchant Fleet Corporation to operate ships or lines of ships which have been or may be taken back from purchasers by reason of competition or other methods employed by foreign ship owners or operators, there is hereby reappropriated the unexpended balance of the appropriation of $10,000,000 made for similar purposes in the Independent Offices Appropriation Act for the fiscal year 1927: Provided, That no expenditure shall be made for the purposes of this paragraph from this sum without the prior approval of the President of the United States.

No part of the sums appropriated in this Act shall be used to pay the compensation of any attorney, regular or special, for the United States Shipping Board or the United States Shipping Board Merchant Fleet Corporation unless the contract of employment has been approved by the Attorney General of the United States.

No officer or employee of the United States Shipping Board or the United States Shipping Board Merchant Fleet Corporation shall be paid a salary or compensation at a rate per annum in excess of $10,000 except the following: One at not to exceed $18,000, three at not to exceed $15,000 each, and one at not to exceed $12,000.

No part of the funds of the United States Shipping Board Merchant Fleet Corporation shall be available for the rent of buildings in the District of Columbia during the fiscal year 1930 if suitable space is provided for said corporation by the Public Buildings Commission.

Total, United States Shipping Board, $11,494,000: Provided, That of the sums herein made available under the United States Shipping Board, not to exceed an aggregate of $300,000 shall be expended for compensation of regular attorneys employed on a yearly salary basis and for fees and expenses of attorneys employed in special cases. Approved, Feb. 20, 1929.

[H. H. 7998]

An Act To amend subsection (d) of section 11 of the Merchant Marine Act of June 5, 1920, as amended by section 301 of the Mer chant Marine Act of May 22, 1928.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (d) of section 11 of the Merchant Marine Act of June 5, 1920, as amended by section 301 of the Merchant Marine Act of May 22, 1928 (United States Code, title 46, section 871; Forty-fifth Statutes at Large, part 1, page 691), is amended to read as follows:

66

(d) All such loans shall bear interest at rates as follows, payable not less frequently than annually: During any period in which the vessel is operated exclusively in coastwise trade, or is inactive, the rate of interest shall be as fixed by the board, but not less than 54 per centum per annum. During the period in which a vessel is being constructed, equipped, reconditioned, remodeled, or improved; and/or, during any period in which such a vessel is operated in foreign trade the rate shall be as fixed by the board, but provided however, that on all contracts hereinafter entered into, the interest rate shall be not less than 32 per centum per annum. The lowest rate of interest shall not be granted for the construction, equipment, reconditioning, remodeling or improvement of any vessel for the foreign trade, unless it is contracted that such vessel upon completion shall not be operated exclusively and under enrollment in the coastwise and/or intercoastal trade for more than three months in any calendar year; and, if such vessel shall be operated exclusively and under enrollment in such trades for more than three months in any calendar year, the board shall collect the difference between the low rate of interest charged and 54 per centum per annum during the period of construction, equipment, reconditioning, remodeling or improvement. The board may prescribe rules for determining the amount of interest payable under the provisions of this paragraph."

Approved, February 2, 1931.

« AnteriorContinuar »