[§ 414] To be built in United States. for naval 45 Stat. 696. recommendations setting forth what new vessels are required for permanent operation under the United States flag in foreign trade, and the estimated cost thereof, to the end that Congress may, from time to time, make provision for replacements and additions. All vessels built for the Secretary of Transportation shall be built in the United States, and they shall be planned with reference to their possible usefulness as auxiliaries to the naval and military services of the United States. TITLE IV-OCEAN MAIL SERVICE AMENDMENTS AND REPEALS SEC. 414. (a) Section 24 of the Merchant Marine Act, 1920 [46 App. U.S.C. 880], is amended to read as follows:1 "SEC. 24. That all mails of the United States shipped or carried on vessels shall, if practicable, be shipped or carried on American-built vessels documented under the laws of the United States. No contract hereafter made with the Postmaster General for carrying mails on vessels so built and documented shall be assigned or sublet, and no mails covered by such contract shall be carried on any vessel not so built and documented. No money shall be paid out of the Treasury of the United States on or in relation to any such contract for carrying mails on vessels so built and documented when such contract has been assigned or sublet or when mails covered by such contract are in violation of the terms thereof carried on any vessel not so built and documented. This section shall not be applicable in the case of contracts made under Title IV of the Merchant Marine Act, 1928." (b) Section 7 of the Merchant Marine Act, 1929 [46 App. U.S.C. 866], is amended by striking out so much thereof as reads as follows: "The Postmaster General is authorized, notwithstanding the Act entitled 'An Act to provide for ocean mail service between the United States and foreign ports, and to promote commerce', approved March 3, 1891, to contract for the carrying of the mails over such lines at such price as may be agreed upon by the board and the Postmaster General." (c) The Act entitled "An Act to provide for ocean mail service between the United States and foreign ports, and to promote commerce," approved March 3, 1891 [U.S.C., Title 39, §§ 657-665], is repealed. 1 Repealed by sec. 12(c), Public Law 86-682. (d) So much of the Act entitled "An Act making appropriations for the service of the Post Office Department for the fiscal year ending June 30, 1918, and for other purposes," approved March 3, 1917, as provides for contracts for the carrying of mails between the United States and Great Britain [U.S.C., Title 39, § 668], is repealed. (e) Subdivision (b) of section 4009 of the Revised Statutes, as amended [44 Statutes at Large, pt. 2, 900], is amended to read as follows: "(b) The provisions of subdivision (a) of this section shall not limit the compensation for transportation of mail which the Postmaster General may pay under contracts entered into in accordance with the provisions of section 4007 of the Revised Statutes [U.S.C., Title 39, § 652], section 24 of the Merchant Marine Act, 1920 [46 App. U.S.C. 880], or Title IV of the Merchant Marine Act, 1928." [§ 703] Contracts made prior to enactment. (f) Any contract made prior to the enactment of this Act shall remain in force and effect in the same manner and to the same extent as though this Act had not been enacted. Any such contract which expires on Extension of June 30, 1928, may be extended for a period of not more than one year from such date. TITLE V-INSURANCE FUND contracts. SEC. 501. Section 10 of the Merchant Marine Act, 45 Stat. 697. 1920 [46 App. U.S.C. 869], is amended to read as follows: [See sec. 10, Merchant Marine Act, 1920.] [TITLE VI-TRANSPORTATION OF GOVERNMENT OFFICIALS]2 TITLE VII-MISCELLANEOUS AUTHORIZATION OF APPROPRIATIONS SEC. 701. The appropriations necessary to carry out 46 App. U.S.C. the provisions and accomplish the purposes of this Act 891s. are hereby authorized. DEFINITIONS SEC. 703. (a) When used in this Act, and for the pur- 46 App. U.S.C. poses of this Act only, the words "foreign trade" mean 891u. trade between the United States, its Territories or pos sessions, or the District of Columbia and a foreign coun- "Foreign trade." try: Provided, however, That the loading or the unload ing of cargo, mail, or passengers at any port in any ter 2Section 601 (the only section in Title VI) was repealed by section 903(c) of the Merchant Marine Act, 1936 Supra. [§ 703] "Citizen of ritory 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." 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 [46 App. U.S.C. 802]. 46 App. U.S.C. 891v. 46 App. U.S.C. 891w. 46 App. U.S.C. 891x. REAFFIRMATION OF POLICY SEC. 704. The policy and the primary purpose declared in section 7 of the Merchant Marine Act, 1920 [46 App. U.S.C. 866], are hereby reaffirmed. SHIP OPERATIONS SEC. 705. In the allocations of the operations of the ships, the Secretary of Transportation 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." INTERCOASTAL SHIPPING ACT, 1933 [As amended through the 98th Congress] AN ACT Amending the Shipping Act, 1916, as amended, for the purpose of further regulating common carriers by water in interstate commerce of the United States engaged in transportation by way of the Panama Canal. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when used in this Act (1) The term "common carrier by water in intercoastal commerce" for the purposes of this Act shall include every common and contract carrier by water engaged in the transportation for hire of passengers or property between one State of the United States and any other State of the United States by way of the Panama Canal. (2) The term "general increase in rates" means any change in rates, fares, or charges which will (A) result in an increase in not less than 50 per centum of the total rate, fare, or charge items in the tariffs per trade of any common carrier by water in intercoastal commerce; and (B) directly result in an increase in gross revenues of such carrier for the particular trade of not less than 3 per centum. 46 App. U.S.C. 843. General increase in rates. rates. (3) The term "general decrease in rates" means any General change in rates, fares, or charges which will (A) result decrease in in a decrease in not less than 50 per centum of the total rate, fare, or charge items in the tariffs per trade of any common carrier by water in intercoastal commerce; and (B) directly result in a decrease in gross revenue of such carrier for the particular trade or not less than 3 per centum. SEC. 2. That every common carrier by water in inter- 46 App. U.S.C. coastal commerce shall file with the Federal Maritime 844. Rate Board and keep open to public inspection schedules schedules. showing all the rates, fares, and charges for or in connection with transportation between intercoastal points on its own route; and, if a through route has been established, all the rates, fares, and charges for or in connection with transportation between intercoastal points or its own route and points on the route of any other carrier by water. The schedules filed, and kept open to public inspection as aforesaid by any such carrier shall plainly show the places between which passengers and/ or freight will be carried, and shall contain the classifi [§ 2] cation of freight and of passenger accommodations in force, and shall also state separately each terminal or other charge, privilege, or facility, granted or allowed, and any rules or regulations which in anywise change, affect, or determine any part of the aggregate of such aforesaid rates, fares or charges, or the value of the service rendered to the passenger consignor, or consignee, and shall include the terms and conditions of any passenger ticket, bill of lading, contract of affreightment, or other document evidencing the transportation agreement. The terms and conditions as filed with the Federal Maritime Board shall be framed under glass and posted in a conspicuous place on board each vessel where they may be seen by passengers and others at all times. Such carriers in establishing and fixing rates, fares, or charges may make equal rates, fares, or charges for similar service between all ports of origin and all ports of destination, and it shall be unlawful for any such carrier, either directly or indirectly, through the medium of any agreement, conference, association, understanding, or otherwise, to prevent or attempt to prevent any such carrier from extending service to any publicly owned terminal located on any improvement project authorized by the Congress at the same rates which it charges at its nearest regular port of call. Such schedules shall be plainly printed, and copies shall be kept posted in a public and conspicuous place at every wharf, dock, and office of such carrier where passengers or freight are received for transportation, in such manner that they shall be readily accessible to the public and can be conveniently inspected. In the event that any such schedule includes the terms and conditions of any passenger ticket, bill of lading, contract of affreightment or other document evidencing the transportation agreement, as herein provided, copies of such terms and conditions shall be made available to any shipper, consignee, or passenger upon request. Such terms and conditions, if filed as permitted by this section and framed under glass and posted in a conspicuous place on board each vessel where they may be seen by passengers and others at all times, may be incorporated by reference in a short form of same actually issued for the transportation, or in a dock receipt or other document issued in connection therewith, by notice printed on the back of each document that all parties to the contract are bound by the terms and conditions as filed with the Federal Maritime Board and posted on board each vessel, and when so incorporated by reference every carrier and any other person having any interest or duty in respect of such transportation shall be deemed to have such notice thereof as if all |