56 STAT.] 77TH CONG. , 2D SESS.-CH. 651-DEC. 1 , 1942 contract with such departments or agency. Equipment so obtained may also be leased or chartered to private or public carriers for oper- ation under such terms and conditions as the Secretary of War, the Secretary of the Navy, or the Chairman of the Maritime Commission, or such official within their respective departments or agency as they may designate, shall determine necessary and advisable under the existing circumstances: Provided, That any equipment purchased, leased or operated by authority of this Act shall have a seating capacity of twelve or more passengers. 2. That in each case where transportation facilities are provided hereunder, reasonable rates of fare for the service furnished shall be established and charged under such regulations as the Secretary of War, the Secretary of the Navy, or the Chairman of the Maritime Com- mission shall prescribe; the receipts from such fares, and the proceeds from the leasing or chartering of any equipment as provided in the foregoing paragraph, shall be accounted for in accordance with such accounting procedure as the Secretary of War, the Secretary of the Navy, or the Chairman of the Maritime Commission, respectively, may prescribe, and shall be deposited in the Treasury of the United States to the credit of Miscellaneous Receipts, except that in the case of the Maritime Commission such receipts and proceeds shall be deposited in its construction fund in accord with the Merchant Marine Act of 1936, as amended, and other applicable provisions of law: Provided, That appropriations for the Military Establishment and the Maritime Commission may be used to carry into effect the provisions of this Act. 3. The facilities and service authorized hereunder shall be utilized only for the transportation of personnel heretofore enumerated and for the purpose heretofore stated, under such rules and regulations as may be prescribed by authority of the Secretary of War, the Sec- retary of the Navy, or the Chairman of the Maritime Commission: Provided, however, That where the equipment and facilities herein provided for are pooled under lease or charter agreements, the recip- rocal use of Government-owned and private-owned equipment shall be deemed to be within the intent of this paragraph. 4. The authority herein granted the Secretary of War, the Secretary of the Navy, and the Chairman of the Maritime Commission shall be exercised in each case only after a determination by the Office of Defense Transportation that existing private and other facilities are not and cannot be rendered adequate by other means2 and that its exer- cise will result in the most efficient method of supplying transportation to the personnel concerned and a utilization of transportation facilities consistent with the plans, policies, and programs of the Office of Defense Transportation. 5. Nothing in this Act shall be construed to modify or limit in any manner the authority vested in the Chairman of the War Production Board by any Executive order or Act of Congress. All vessels pur- chased, leased, or chartered under this Act shall be procured by or through the War Shipping Administration to the full extent of the authority and jurisdiction of the War Shipping Administration. SEC. 2. It shall be the duty of the Secretary of War, the Secretary of the Navy, and the Chairman of the Maritime Commission, respec- tively, to file with the Congress, within sixty days after the end of the fiscal year, a summarized report of the exercise of the authority herein granted, which report shall include (1) location, nature, and size of the plant for which transportation facilities were provided; (2) type, amount, and original cost of equipment furnished; (3) outline of lease or charter for rented or reciprocally used equipment with total costs for period of use or operation; and (4) citation of authority of the Office of Defense Transportation under which exercised. Approved, December 1, 1942. 6714°-48--I'T. I-- 6 1025 Lease or charter to private or public car- riers. Proviso. Seating capacity. Rates of fare. Accounting and de. posits. 49 Stat. 1087. 46 U. S. C. 1116. Proiso. Limitation on use. ProVo. Exercise of author. ity only if facilities inadequate. Authority of Chair- man of WPB. Procurement of ves- reis. ReportstoCongress
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