All 70 Stat. 985.

67 Stat. 381.

by the insured to reject the stated valuation fixed by the Secretary and to sue in the courts, the amount of the judgment will be payable without regard to the limitations contained in the twelfth paragraph 46 SC 1242-1. under the heading Maritime Activities in title I of the Department of 69 Stat. 231. Commerce and Related Agencies Appropriation Act, 1956, in the tenth paragraph under the heading Maritime Activities in title III of the Department of State, Justice, and Commerce, and the United 68 Stat. 426. States Information Agency Appropriation Act, 1955, in the eleventh paragraph under the heading MARITIME ACTIVITIES' in title III of the Department of Justice, State, and Commerce Appropriation Act, 1954, the tenth paragraph under the heading 'OPERATING DIFFERENTIAL SUBSIDIES' in title II of the Independent Offices Appropriation Act, 1953, the corresponding paragraphs of the Independent Offices Appropriation Act, 1952, and the Third Supplemental Appropriation Act, 1951, although the excess of any amounts advanced on account of just compensation over the amount of.the court judgment will be required to be refunded. In the event of such court determination, premiums under the policy shall be adjusted on the basis of the valuation as finally determined and of the rate provided for in said policy." SEC. 2. Section 902 (c) of the Merchant Marine Act, 1936. as 53 Stat. 1255. amended (U. S. C., title 46, sec. 1242 (c)), is amended to read as follows:

66 Stat. 414. 65 Stat. 286.

65 Stat. 60.

Charter of

vessels.

"(c) If any property is taken and used under authority of this section, but the ownership thereof is not required by the United States, the Commission, at the time of the taking or as soon thereafter as the exigencies of the situation may permit, shall transmit to the person entitled to the possession of such property a charter setting forth the terms which, in the Commission's judgment, should govern the relationships between the United States and such person and a statement of the rate of hire which, in the Commission's judgment, will be just compensation for the use of such property and for the services required under the terms of such charter. If such person does not execute and deliver such charter and accept such rate of hire, the Commission shall pay to such person as a tentative advance only, on account of such just compensation a sum equal to 75 per centum of such rate of hire as the same may from time to time be due under the terms of the charter so tendered, and such person shall be entitled to sue the United States in a court having jurisdiction of such claims to recover such amounts as would be equal to just compensation for the use of the property and for the services required in connection with such use: Provided, however, That in the event of an election by such person to reject the rate of hire fixed by the Commission and to sue in the courts, the excess of any amounts advanced on account of just compensation over the amount of the court judgment will be required to be refunded. In the event of loss or damage to such property, due to operation of a risk assumed by the United States under the terms of a charter prescribed in this subsection, but no valuation of such vessel or other property or mode of compensation has been agreed to, the United States shall pay just compensation for such loss or damage, to the extent the person entitled thereto is not reimbursed therefor through policies of insurance against such loss or damage."

SEC. 3. The first sentence of section 902 (d) of the Merchant Marine 53 Stat. 1255. Act, 1936. as amended (U. S. C., title 46, sec. 1242 (d)) is amended to read as follows:

Determination

of compensation.

"(d) In all cases, the just compensation authorized by this section shall be determined and paid by the Commission as soon as practicable, but if the amount of just compensation determined by the Commission is unsatisfactory to the person entitled thereto, such person

All 70 Stat. 986.

shall be paid, as a tentative advance only, 75 per centum of the amount so determined and shall be entitled to sue the United States to recover such amount as would equal just compensation therefor, in the manner provided for by section 24, paragraph 20, and section 145 of the Judicial Code (U. Š. C., 1946 edition, title 28, secs. 41 (20) and 250): Provided, however, That in the event of an election to reject the amount determined by the Commission and to sue in the courts, the excess of any amounts advanced on account of just compensation over the amount of the court judgment will be required to be refunded."

64 Stat. 773.

SEC. 4. All war-risk insurance issued under title XII of the Amendment of Merchant Marine Act, 1936, which is in force on the date of the enact- prior insurment of this Act shall, as of the beginning of such date, be deemed ance. to have been amended to conform to the requirements of section 1209 46 USC 1281of the Merchant Marine Act, 1936, as amended by this Act unless 1294. the insured, within ten days after such date, objects to such 46 USC 1289. amendment.

SEC. 5. The first sentence of section 1206 of the Merchant Marine Act, 1936, as amended (46 U. S. C. 1286), is amended by striking out the words "during any time the United States is at war or during any period of emergency declared to exist by the President of the United States."

Approved August 3, 1956.

Chapter 973 - 2d Session

H. R. 7536

AN ACT

To amend the Communications Act of 1934, as amended, so as to require that certain vessels carrying passengers for hire be fitted with radiotelephone installations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That title III of the 48 Stat. 1064, Communications Act of 1934, as amended, is hereby amended by add- 47 USC 609. ing at the end thereof the following new part:

70 Stat. 1047.

"PART III-RADIO INSTALLATIONS ON VESSELS CARRYING PASSENGERS 70 Stat. 1043. FOR HIRE

"SEC. 381. Except as provided in section 382, it shall be unlawful for any vessel of the United States, transporting more than six passengers for hire, to be navigated in the open sea or any tidewater within the jurisdiction of the United States adjacent or contiguous to the open sea, unless such vessel is equipped with an efficient radiotelephone installation in operating condition.

"SEC. 382. The provisions of this part shall not apply to—.

"(1) vessels which are equipped with a radio installation in

accordance with the provisions of part II of title III of this Act, 50 Stat. 192. or in accordance with the radio requirements of the Safety Con- 47 USC 351. vention; and

"(2) vessels of the United States belonging to and operated by the Government, except a vessel of the United States Maritime Administration, the Inland and Coast wise Waterways Service, or the Panama Railroad Company, and

"(3) vessels navigating on the Great Lakes.

"SEC. 383. The Commission shall exempt from the provisions of Exemptions. this part any vessel, or class of vessels, in the case of which the route or conditions of the voyage, or other conditions or circumstances, are such as to render a radio installation unreasonable, unnecessary, or ineffective, for the purposes of this Act.

"SEC. 384. The Commission shall have authority with respect to any vessel subject to this part

"(1) to specify operating and technical conditions and characteristics including frequencies, emissions, power, communication capability and range, of installations required by reason of this part;

"(2) to approve the details as to the location and manner of installation of the equipment required by this part or of equipment necessitated by reason of the purposes and requirements of this part;

"(3) to approve installations, apparatus and spare parts necessary to comply with the purposes and requirements of this part; "(4) to prescribe such additional equipment as may be determined to be necessary to supplement that specified herein for the proper functioning of the radio installation installed in accordance with this part or for the proper conduct of radio communication in time of emergency or distress.

Authority.

"SEC. 385. The Commission shall make such inspections as may be Inspections. necessary to insure compliance with the requirements of this part.

"SEC. 386. The following forfeitures shall apply to this part in addi- Forfeitures. tion to penalties and forfeitures provided by title V of this Act:

48 Stat. 1100.

"(a) Any vessel of the United States that is navigated in violation 47 USC 501. of the provisions of this part or of the rules and regulations of the Commission made in pursuance thereof shall forfeit to the United

50 Stat. 197.

68 Stat. 729. 47 USC 504.

70 Stat. 1048. 70 Stat. 1049. 50 Stat. 189. 47 USC 153. Effectivity.

States the sum of $500 recoverable by way of suit or libel. Each day during which such navigation occurs shall constitute a separate offense. "(b) Every willful failure on the part of the master of a vessel of the United States to enforce or to comply with the provisions of this part or the rules and regulations of the Commission made in pursuance thereof shall cause him to forfeit to the United States the sum of $100."

SEC. 2. Section 504 (b) of the Communications Act of 1934, as amended, is amended by deleting "part II of title III and section 507", and inserting in lieu thereof "parts II and III of title III and section

507"

SEC. 3. Section 3 (y) (2) is amended by deleting "part II of title
III" and inserting in lieu thereof "parts II and III of title III”.

SEC. 4. The amendments made herein shall take effect March 1, 1957.
Approved August 6, 1956.

Chapter 1012 - 2d Session

S. J. Res. 187

JOINT RESOLUTION

To extend the operation of the Emergency Ship Repair Act of 1954.

Resolved by the Senate and House of Representatives of the

50 USC app.

United States of America in Congress assembled, That section 4 of 70 Stat. 1067. the Emergency Ship Repair Act of 1954 (Public Law 608, Eighty- 70 Stat. 1066. third Congress) is amended by striking out the words "within 68 Stat. 754. twenty-four months after date of enactment of this Act", and inserting in place thereof "before July 1, 1958". Approved August 6, 1956.

2393.

To amend section 9 (c) (2) of the Merchant Ship Sales Act of 1946, as amended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 9 (c)

(2) of the Merchant Ship Sales Act of 1946 is hereby amended by 60 Stat. 48, inserting before "; and" at the end thereof the following proviso: 50 USC app. "Provided, That the provisions of this subsection (c) (2) shall not 1742. apply to any such charter party executed on or after the date of enactment of this amendatory proviso; and the Secretary of Commerce is directed to modify any adjustment agreement to the extent necessary to conform to the provisions of this amendatory proviso". Approved August 6, 1956.