All 67 Stat. 556. therein. Such reserve shall be used for the stabilization of annual assessments, the payment of operating deficits and for the repayment of advances made by the two States. 4. The amount required to balance the commission's budget, in excess of the estimated yield of the maximum assessment, shall be certified by the commission, with the approval of the respective Governors, to the Legislatures of the two States, in proportion to the gross annual wage payments made to longshoremen for work in each State within the port of New York district. The Legislatures shall annually appropriate to the commission the amount so certified. 5. The commission may provide by regulation for the collection and auditing of assessments. Such assessments hereunder shall be payable pursuant to such provisions for administration, collection and enforcement as the States may provide by concurrent legislation. In addition to any other sanction provided by law, the commission may revoke or suspend any license held by any person under this compact, or his privilege of employing persons registered or licensed hereunder, for non-payment of any assessment when due. 6. The assessment hereunder shall be in lieu of any other charge for the issuance of licenses to stevedores, pier superintendents, hiring agents and port watchmen or for the registration of longshoremen or use of an employment information center. The commission shall establish reasonable procedures for the consideration of protests by affected employees concerning the estimates and computation of the rate of assessment. ARTICLE XIV GENERAL VIOLATIONS; PROSECUTIONS; PENALTIES 1 The failure of any witness, when duly subpoenaed to attend, give testimony or produce other evidence, whether or not at a hearing, shall be punishable by the Superior Court in New Jersey and the Supreme Court in New York in the same manner as said failure is punishable by such court in a case therein pending. 2. Any person who, having been sworn or affirmed as a witness in any such hearing, shall wilfully give false testimony or who shall wilfully make or file any false or fraudulent report or statement required by this compact to be made or filed under oath, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one year or both. 3. Any person who violates or attempts or conspires to violate any other provision of this compact shall be punishable as may be provided by the two States by action of the Legislature of either State concurred in by the Legislature of the other. 4. Any person who interferes with or impedes the orderly registration of longshoremen pursuant to this compact or who conspires to or attempts to interfere with or impede such registration shall be punishable as may be provided by the two States by action of the Legislature of either State concurred in by the Legislature of the other. 5. Any person who directly or indirectly inflicts or threatens to inflict any injury, damage, harm or loss or in any other manner practices intimidation upon or against any person in order to induce or compel such person or any other person to refrain from registering pursuant to this compact shall be punishable as may be provided by the two States by action of the Legislature of either State concurred in by the Legislature of the other. 6. In any prosecution under this compact, it shall be sufficient to prove only a single act (or a single holding out or attempt) prohibited by law, without having to prove a general course of conduct, in order ARTICLE XV COLLECTIVE BARGAINING SAFEGUARDED All 67 Stat. 557. 1. This compact is not designed and shall not be construed to limit in any way any rights granted or derived from any other statute or any rule of law for employees to organize in labor organizations, to bargain collectively and to act in any other way individually, collectively, and through labor organizations or other representatives of their own choosing. Without limiting the generality of the foregoing, nothing contained in this compact shall be construed to limit in any way the right of employees to strike. 2. This compact is not designed and shall not be construed to limit in any way any rights of longshoremen, hiring agents, pier superintendents or port watchmen or their employers to bargain collectively and agree upon any method for the selection of such employees by way of seniority, experience, regular gangs or otherwise; provided, that such employees shall be licensed or registered hereunder and such longshoremen and port watchmen shall be hired only through the employment information centers established hereunder and that all other provisions of this compact be observed. ARTICLE XVI AMENDMENTS; CONSTRUCTION; SHORT TITLE 1. Amendments and supplements to this compact to implement the purposes thereof may be adopted by the action of the Legislature of either State concurred in by the Legislature of the other. 2. If any part or provision of this compact or the application thereof to any person or circumstances be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved. in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this compact or the application thereof to other persons or circumstances and the two States hereby declare that they would have entered into this compact or the remainder thereof had the invalidity of such provision or application thereof been apparent. 3. In accordance with the ordinary rules for construction of interstate compacts this compact shall be liberally construed to eliminate the evils described therein and to effectuate the purposes thereof. 4. This compact shall be known and may be cited as the "Waterfront Short title. Commission Compact." SEC. 2. The right to alter, amend, or repeal this Act. is hereby expressly reserved. To amend section 1923 (a) of title 28, United States Code, relating to docket fees. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first item Docket fees. listed in section 1923 (a) of title 28, United States Code, is amended 62 Stat, 956, to read as follows: "$20 on trial or final hearing (including a default judgment whether entered by the court or by the clerk) in civil, criminal, or admiralty cases, except that in cases of admiralty and maritime jurisdiction where the libellant recovers less than $50 the proctor's docket fee shall be $10;". To provide transportation on Canadian vessels between Skagway, Alaska, and other points in Alaska, between Haines, Alaska, and other points in Alaska, and between Hyder, Alaska, and other points in Alaska or the continental United States, either directly or via a foreign port, or for any part of the transportation. vessels. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, until June 30, Alaska. 1955, notwithstanding the provisions of law of the United States Transportation restricting to vessels of the United States the transportation of on Canadian passengers and merchandise directly or indirectly from any port in the United States to another port of the United States, passengers may be transported on Canadian vessels between Skagway, Alaska, and other points in Alaska, between Haines, Alaska, and other points in Alaska, and between Hyder, Alaska, and other points in Alaska or the continental United States, either directly or via a foreign port, or for any part of the transportation: Provided, That such Canadian vessels may transport merchandise between Hyder, Alaska, and other ports and points herein enumerated. Approved June 29, 1954. Be it enacted by the Senate and House of Representatives of the I'nited States of America in Congress assembled, That section 30, sub- Foreign ship section K, of the Act of June 5, 1920, as amended, known as the Ship mortgages. 45 USC 951. Mortgage Act, 1920 (41 Stat. 1003), is hereby amended by adding at the end of subsection K the following provision: Foreign ship mortgages: As used in subsections K, L, M, and N 46 USC 952of this section, the term 'preferred mortgage shall include, in addition 954. to a preferred mortgage made pursuant to the provisions of this section, any mortgage, hypothecation, or similar charge created as security upon any documented foreign vessel (other than a towboat, barge, scow, lighter, car float, canal boat, or tank vessel, of less than two hundred gross tons) if such mortgage, hypothecation, or similar charge has been duly and validly executed in accordance with the laws of the foreign nation under the laws of which the vessel is documented and has been duly registered in accordance with such laws in a public register either at the port of registry of the vessel or at a central office; and the term 'preferred mortgage lien' shall also include the lien of such mortgage, hypothecation, or similar charge: Provided, however, That such preferred mortgage lien' in the case of a foreign vessel shall also be subordinate to maritime liens for repairs, supplies, towage, use of drydock or marine railway, or other necessaries, performed or supplied in the United States." Approved June 29, 1954. (675) Chapter 447 - 2d Session AN ACT To further encourage the distribution of fishery products, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Fishery Act of August 11, 1939 (53 Stat. 1411), is hereby amended to read products. follows: as Distribution. "SEC. 2. (a) The Secretary of Agriculture shall transfer to the Transfer of Secretary of the Interior each fiscal year, beginning with the fiscal funds. year commencing July 1, 1954, and ending on June 30, 1957, from moneys made available to carry out the provisions of section 32 of such Act of August 24, 1935, an amount equal to 30 per centum of the gross 49 Stat. 774, receipts from duties collected under the customs laws on fishery prod- 7 USC 6120. ucts (including fish, shellfish, mollusks, crustacea, aquatic plants and animals, and any products thereof, including processed and manufactured products), which shall be maintained in a separate fund and used by the Secretary of the Interior (1) to promote the free flow of Use. domestically produced fishery products in commerce by conducting a fishery educational service and fishery technological, biological and related research programs, the moneys so transferred to be also available for the purchase or other acquisition, construction, equipment, operation, and maintenance of vessels or other facilities necessary for conducting research as provided for in this section, and (2) to develop 68 Stat. 376. and increase markets for fishery products of domestic origin and (3) 68 Stat. 377. to conduct any biological, technological, or other research pertaining to American fisheries. "(b) For the purposes of this section, any agency of the United States, or any corporation wholly owned by the United States, is authorized to transfer, without reimbursement or transfer of funds, any vessels or equipment excess to its needs required by the Secretary of the Interior for the activities, studies, and research authorized herein. Transfer of excess vessels, eto. "(c) In carrying out the purposes and objectives of this section, Agency oooperthe Secretary of the Interior is directed as far as practicable to co- ation, eto. operate with other appropriate agencies of the Federal Government, with State or local governmental agencies, private agencies, organizations, or individuals, having jurisdiction over or an interest in fish or fishery commodities and he is authorized to appoint an advisory Advisory committee of the American fisheries industry to advise him in the committee. formulation of policy, rules and regulations pertaining to requests for assistance, and other matters. "(d) The Secretary of the Interior is further authorized to retrans- Retransfer fer any of the funds not to exceed $1,500,000 to be made available under of funds. this section to the Secretary of Agriculture to be used for the purposes specified in section 1 of this Act, and only such funds as are thus transferred shall be used for the purposes specified in section 1 of this Act with respect to domestically produced fishery products. "(e) The separate fund created for the use of the Secretary of Availability the Interior under section 2 (a) of this Act and the annual accruals of funds. thereto shall be available until expended, except (1) that not more than $3,000,000 be spent in any fiscal year and (2) that the balance of the fund shall not exceed $5,000,000 at the end of any fiscal year, and the Secretary of the Interior shall retransfer the funds in excess of said $5,000,000 balance to the Secretary of Agriculture to be used for the purposes specified in section 32 of the Act of 1935 (49 Stat. 774: 7 U. S. C. 612c), as amended. |