Page:United States Statutes at Large Volume 52.djvu/1005

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PUBLIC LAWS-CH. 600-JUNE 23, 1938 Penalty for viola- tion. 49 Stat. 2016 . Definitions. " Foreign com- merce" or "foreign trade. " " Citizen of the United States", defi- nition extended. 49 Stat. 1998. Textual corrections. 49 Stat. 2002. 49 Stat. 1987. 39 Stat. 730. 46U.S. s . §808. Restriction on un- authorized transfer to foreign registry. Ante, p. 961. Penalty for viola- tion. 47 Stat. 1428 . 46 U.. C.C .846; Supp. III , § 845. Common carriers by water. Adjustment of un- reasonable rates. Proiso. Great Lakes,ex - emption from mini- mum-rate provision. Provisions extend- ed. 39 Stat. 728. 46U.S. C.§801. Textual correction. 47 Stat. 1427. incurred and the compensation received by such person during such month in connection with such retainer or employment. Whosoever shall violate this provision shall be guilty of a misdemeanor." SEC. 39 . (a) Section 905 (a) of such Act is amended to read as follows: "(a) The words 'foreign commerce' or 'foreign trade' mean com- merce or trade between the United States, its Territories or posses- sions, or the District of Columbia, and a foreign country." (b) Section 905 (c) of such Act is amended by inserting before the period a comma and the following: "and, in the case of a corporation, partnership, or association operating a vessel on the Great Lakes, or on bays, sounds, rivers, harbors, or inland lakes of the United States the amount of interest required to be owned by a citizen of the United States shall be not less than 75 per centum". SEC. 40. (a) Section 505 (a) of such Act is amended by striking out "subsidy is allowed" and inserting in lieu thereof "construction- differential subsidy is allowed". (b) Section 602 of such Act is amended by striking out "operating subsidy" and inserting in lieu thereof "operating-differential subsidy' SEC. 41 . Section 204 (b) of such Act is amended by striking out the last sentence thereof. SEC. 42 . Section 9 of the Shipping Act, 1916, as amended, is amended by striking out paragraphs 3 and 4 and inserting in lieu thereof the following: "Except as provided in section 611 of the Merchant Marine Act, 1936, as amended, it shall be'unlawful, without the approval of the United States Maritime Commission, to sell, mortgage, lease, charter, deliver, or in any manner transfer, or agree to sell, mortgage, lease, charter, deliver, or in any manner transfer, to any person not a citizen of the United States, or transfer or place under foreign registry or flag, any vessel or any interest therein owned in whole or in part by a citizen of the United States and documented under the laws of the United States, or the last documentation of which was under the laws of the United States. "Any such vessel, or any interest therein, chartered, sold, trans- ferred, or mortgaged to a person not a citizen of the United States or placed under a foreign registry or flag, or operated, in violation of any provision of this section shall be forfeited to the United States and whoever violates any provision of this section shall be guilty of a misdemeanor and subject to a fine of not more than $5,000, or to imprisonment for not more than five years, or both." SEC. 43. (a) The Intercoastal Shipping Act, 1933, is amended by inserting after section 3 thereof two new sections, to read as follows: "SEC. 4. Whenever the Commission finds that any rate, fare, charge, classification, tariff, regulation, or practice demanded, charged, col- lected, or observed by any carrier subject to the provisions of this Act is unjust or unreasonable, it may determine, prescribe, and order enforced a just and reasonable maximum or minimum, or maximum and minimum rate, fare, or charge, or a just and reasonable classifi- cation, tariff, regulation, or practice: Provided, That the minimum- rate provision of this section shall not apply to common carriers on the Great Lakes. "SEC. 5. The provisions of this Act are extended and shall apply to every common carrier by water in interstate commerce, as defined in section 1 of the Shipping Act, 1916." (b) Section 4 of such Act is amended by striking out the term "SEC. 4" and inserting in lieu thereof the term "SEC. 6". 964 [52 STAT.