90th Congress, S. 2269 An Act To amend the Act of August 27, 1954, relative to the unlawful seizure of fishing vessels of the United States by foreign countries. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of Fishermen's August 27, 1954 (68 Stat. 883; 22 U.S.C. 1971-1976), is amended by Protective Act adding at the end thereof a new section to read as follows: of 1967, amend "SEC. 7. (a) The Secretary, upon receipt of an application filed ment. with him at any time after the effective date of this section by the owner of any vessel of the United States which is documented or certificated as a commercial fishing vessel, shall enter into an agreement with such owner subject to the provisions of this section and such other terms and conditions as the Secretary deems appropriate. Such agreement shall provide that, if said vessel is seized by a foreign country and detained under the conditions of section 2 of this Act, the Secretary shall 22 USC 1972. guarantee "(1) the owner of such vessel for all actual costs, except those covered by section 3 of this Act, incurred by the owner during the 22 USC 1973. seizure and detention period and as a direct result thereof, as determined by the Secretary, resulting (A) from any damage to, or destruction of, such vessel, or its fishing gear or other equipment, (B) from the loss or confiscation of such vessel, gear, or equipment, or (C) from dockage fees or utilities; “(2) the owner of such vessel and its crew for the market value of fish caught before seizure of such vessel and confiscated or spoiled during the period of detention; and "(3) the owner of such vessel and its crew for not to exceed 50 per centum of the gross income lost as a direct result of such seizure and detention, as determined by the Secretary of the Interior, based on the value of the average catch per day's fishing during the three most recent calendar years immediately preceding such seizure and detention of the vessel seized, or, if such experience is not available, then of all commercial fishing vessels of the United States engaged in the same fishery as that of the type and size of the seized vessel. "(b) Payments made by the Secretary under paragraphs (2) and (3) of subsection (a) of this section shall be distributed by the Secretary in accordance with the usual practices and procedures of the particular segment of the United States commercial fishing industry to which the seized vessel belongs relative to the sale of fish caught and the distribution of the proceeds of such sale. 82 STAT. 729 "(c) The Secretary shall from time to time establish by regulation 82 STAT. 730 fees which shall be paid by the owners of vessels entering into agreements under this section. Such fees shall be adequate (1) to recover the costs of administering this section, and (2) to cover a reasonable portion of any payments made by the Secretary under this section. The amount fixed by the Secretary shall be predicated upon at least 333 per centum of the contribution by the Government. All fees collected by the Secretary shall be credited to a separate account established in the Treasury of the United States which shall remain available without fiscal year limitation to carry out the provisions of this section. All payments under this section shall be made first out of such fees so long as they are available, and thereafter out of funds which are hereby authorized to be appropriated to such account to carry out the provísions of this section. 82 STAT, 730 Effective date. Definitions. 75 Stat. 424. 22 USC 2151 note. Short title. "(d) All determinations made under this section shall be final. No payment under this section shall be made with respect to any losses covered by any policy of insurance or other provision of law. "(e) The provisions of this section shall be effective for forty-eight consecutive months beginning one hundred and eighty days after the enactment of this section. The Secretary shall issue such regulations and take such other measures as he deems appropriate to implement the provisions of this section prior to such effective date. "(f) For the purposes of this section "(1) the term 'Secretary means the Secretary of the Interior. "(2) the term 'owner' includes any charterer of a commercial fishing vessel.” SEC. 2. Section 3 of the Act of August 27, 1954 (68 Stat. 883: → U.S.C. 1973), is amended by inserting a comma after the word "fine" wherever it appears and the words "license fee, registration fee, or any other direct charge". SEC. 3. Section 5 of the Act of August 27, 1954 (68 Stat. 883, 2 U.S.C. 1975), is amended to read as follows: "SEC. 5. The Secretary of State shall take such action as he may deem appropriate to make and collect claims against a foreign country for amounts expended by the United States under the provisions of this Act (including payments made pursuant to section 7) because of the seizure of a vessel of the United States by such country. If such country fails or refuses to make payment in full within one hundred and twenty days after receiving notice of any such claim of the United States, the Secretary of State shall withhold, pending such payment, an amount equal to such unpaid claim from any funds programed for the current fiscal year for assistance to the government of such country (as shown in materials concerning such fiscal year presented to the Congress in connection with its consideration of amendments to the Foreign Assistance Act of 1961). Amounts withheld under this section shall not constitute satisfaction of any such claim of the United States against such foreign country." SEC. 4. The Act of August 27, 1954 (68 Stat. 883; 22 Ú.S.C. 19711976), as amended by this Act, may be cited as the "Fishermen's Protective Act of 1967". Approved August 12; 1968. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 1566 (Comm. on Merchant Marine & Fisheries) SENATE REPORTS: No. 815 (Comm. on Commerce) and No, 919 (Comm. on CONGRESSIONAL RECORD: Vol. 113 (1967): Sept. 18, H. R. 4451 considered in House. July 31, considered and passed House, amended, in lieu of H. R. 4451. 90th Congress, S. 3866 An Act To extend the provisions of the Commercial Fisheries Research and Development 82 STAT. 957 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4(a) of Commercial Fishthe Commercial Fisheries Research and Development Act of 1964 (16 eries Research U.S.C. 779b (a)), is amended by changing the words "for the next fiscal and Development year beginning after the date of enactment of this Act, and for the Act of 1964, four" to "for the fiscal year beginning July 1, 1969, and for the three". SEC. 2. Section 4(c) of the Commercial Fisheries Research and 78 Stat. 197. Development Act of 1964 is amended by changing the words "for the fiscal year beginning after the date of enactment of this Act," to "for the fiscal year beginning July 1, 1969,". SEC. 3. Section 4(b) of the Commercial Fisheries Research and Development Act of 1964 is amended by changing the words "for the next fiscal year beginning after the date of enactment of this Act, and for the succeeding fiscal year, $400,000 in each such year, and for the next three succeeding fiscal years, $650,000 in each such year," to "for the fiscal year beginning July 1, 1969, and for the three succeeding fiscal years, $650,000 in each such year,”. SEC. 4. The provisions of this Act shall be effective July 1, 1969. amendment. Effective date. LEGISLATIVE HISTORY: HOUSE REPORT No. 1893 accompanying H. R. 18808 (Comm. on Merchant SENATE REPORT No. 1457 (Comm. on Commerce). July 29: Considered and passed Senate. Sept.16: Considered and passed House, amended, in lieu of H. R. 18808. Sept. 23: Senate conourred in House amendment. 90th Congress, H. R. 17524 An Act To amend section 502 of the Merchant Marine Act, 1936, relating to constructiondifferential subsidies. 82 STAT, 1004 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proviso Vessels. 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, 1968,", and inserting in lieu thereof "June 30, 1969,". Approved October 12, 1968. Construction subsidy, ex tension. 76 Stat. 1200; 80 Stat. 811, LEGISLATIVE HISTORY: HOUSE REPORT No. 1556 (Comm. on Merchant Marine & Fisheries). CONGRESSIONAL RECORD, Vol. 114 (1968): |