The original act of April 29, 1943, for return of fishing vessels to former owners (Public Law 44, 78th Cong.), was designed to authorize the return to such owners of fishing vessels and similar craft, primarily for the purpose of maintaining the fisheries and related industries in full production to augment a lagging food supply. The provisions for computing allowances and the price to the former owner, in effect, converted the original Government purchase of the vessel into a requisition for use with return of the original compensation but with allowances to the former owner to compensate for the use of the vessel and to restore the vessel to condition as good as when taken by the United States. By Public Law 305, 78th Congress, Public Law 44 was amended May 18, 1944, to cover Great Lakes vessels and vessels of 1,000 gross tons or less. By Public Law 716, 79th Congress, Public Law 44 was further amended August 10, 1946, to provide in the cases of any unreturned Public Law 305 vessels, which were of 65 feet or less in length, and other surplus vessels of like size, for exclusive disposal to veterans. By Public Law 717, 79th Congress, August 10, 1946, the operation of Public Law 44, as amended, was also expanded to provide that any vessel surplus under the Surplus Property Act of 1944, as amended, suitable for use as a fishing vessel, should be disposed of by prior offering for sale by the Maritime Commission to any "former owners" under Public Law 44 who had not theretofore received notice that their vessels were available for return under Public Law 44, as amended. Public Law 862, 80th Congress (62 Stat. 1196), revised surplus property disposal under the Surplus Property Act of 1944 and provided that priorities and preferences in the Surplus Property Act of 1944 should not continue beyond August 31, 1948. The effect was to make Public Law 716, above referred to, ineffective by the deletion of the various priorities in the Surplus Property Act upon which the operation of Public Law 716 was dependent. Subsequently, Public Law 152, 81st Congress (63 Stat. 377), repealed the Surplus Property Act of 1944, as amended, and the provisions of Public Law 862, 80th Congress (under the head "Surplus Property Disposal"). Public Law 152, cited as the "Federal Property and Administrative Services Act of 1949," embodies the recent policies of Congress as to the disposal of Government surplus property and does not make provision for priorities and preferences nor the return of property to former owners. While the provisions of Public Law 44, as amended, continue in operation at the present time, there has been only a small amount of activity thereunder for 2 years or more. In general, the remaining vessels which might be subject to this law have been in Government service for about 10 years. The public interest and economic justification for the original enactment relating to return of fishing vessels no longer apply. Public Law 44 and Public Law 717 are not in consonance with the policies embodied in the postwar property disposal laws, which do not provide special preferences and priorities in the disposal of surplus property. The relatively small size of vessels involved in these laws excluded them from the provisions of section 203 (i) of the Federal Property and Administrative Services Act of 1949, which makes the Maritime Commission (Department of Commerce) the sole disposal agency for surplus vessels of 1,500 gross tons or more, which are determined to be merchant vessels or capable of being converted to merchant use. The repeal of Public Laws 44 and 305, and Public Laws 716 and 717 would permit the provisions of the Federal Property and Administrative Services Act of 1949 and other applicable vessel disposal authority to be operative as to these vessels. The repeal proposed would not have, under current circumstances, significant financial effect on Government expenditures or receipts, in view of the relatively small activities involved. However, even a few cases do involve considerable administrative expense, because of the vessel inspections involved, and the time required in the conduct of negotiations for return. It may be further noted here that proceeds of vessels disposed of under Public Law 44 go to the owning agency, contrary to the policy and provisions of the act of 1949 under which proceeds are covered into the Treasury Department as miscellaneous receipts (section 204). The attached draft of a joint resolution would effect the repeals herein proposed. It is recommended that the Congress give early consideration to the enactment of this joint resolution. The Director, Bureau of the Budget, has advised that there is no objection to the submission of this proposal to the Congress. Hon. JOHN W. BRICKER, DEPARTMENT OF THE NAVY, OFFICE OF THE JUDGE ADVOCATE GENERAL, Chairman, Committee on Interstate an Foreign Commerce, United States Senate, Washington, D. Č. MY DEAR MR. CHAIRMAN. Your request for comment on the joint resolution Senate Joint Resolution 67, to repeal certain World War II laws relating to return of fishing vessels, and for other purposes, has been assigned to this Department by the Secretary of Defense for the preparation of a report thereon expressing the views of the Department of Defense. The purpose of this measure is stated in its title. The statutes to be repealed appear to be obsolete and to have served their purpose. Inasmuch as the Department of Defense would not be affected by enactment of Senate Joint Resolution 67, it is recommended that the views of the Department of Commerce be adopted with respect to this measure. It is the understanding of this Department that Senate Joint Resolution 67 was introduced at the request of the Department of Commerce. Accordingly, the Department of the Navy, on behalf of the Department of Defense, interposes no objection to the enactment of Senate Joint Resolution 67. This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense. The Department of the Navy has been advised by the Bureau of the Budget that there is no objection to the submission of this report to the Congress. For the Secretary of the Navy. Sincerely yours, The Honorable CHARLES W. TOBEY, IRA H. NUNN, Judge Advocate General of the Navy. Chairman, Committee on Interstate and Foreign Commerce, United States Senate. JUNE 10, 1953. MY DEAR SENATOR TOBEY: Further reference is made to your letter of April 11, 1953, requesting the views of the Department with reference to Senate Joint Resolution 67, to repeal certain World War II laws relating to return of fishing vessels, and for other purposes. Insofar as the interests of the Department are concerned, there is no objection to the enactment of the proposed legislation. The Department has been informed by the Bureau of the Budget that there is no objection to the submission of this report. Sincerely yours, Hon. CHARLES W. TOBEY, THRUSTON B. MORTON, Assistant Secretary (For the Secretary of State.). Chairman, Committee on Interstate and Foreign Commerce, United States Senate, Washington, D. C. JULY 9, 1953. DEAR SENATOR: This is in response to your request for the comments of this Department concerning the bill (S. J. Res. 67) to repeal certain World War II laws relating to return of fishing vessels, and for other purposes. Since the subject matter of this bill is not related to any of the activities of the Department of Justice, we would prefer not to offer any comment concerning it. Sincerely, WILLIAM P. ROGERS, COMPTROLLER GENERAL OF THE UNITED STATES, Hon. CHARLES W. TOBEY, Chairman, Committee on Interstate and Foreign Commerce, United States Senate. MY DEAR MR. CHAIRMAN: Reference is made to your letter of April 11, 1953, acknowledged by telephone on April 15, forwarding a copy of Senate Joint Resolution 67, 83d Congress, 1st session, entitled, "Joint Resolution to repeal certain World War II laws relating to return of fishing vessels, and for other purposes," and requesting any comments I may care to offer concerning this proposed legislation. The apparent purpose of the resolution is to provide for uniformity in the disposition of vessels by repealing the acts of April 29, 1943, as amended, and August 10, 1946, as amended, 50 War App. U. S. C. 1301-1305 and 50 War App. U. S. C. 1306-1308, respectively, which establish a priority system and special procedures in the disposition of those vessels described therein. Also, it is noted that S. 1880, subsequently introduced, and with respect to which a separate report from this Office is being furnished your committee, proposes certain amendments to the present law which Senate Joint Resolution 67 proposes to repeal. This Office offers no objection to favorable consideration of the proposed legislation. Sincerely yours, Hon. CHARLES W. TOBEY, E. L. FISHER, Acting Comptroller General of the United States. GENERAL COUNSEL, TREASURY DEPARTMENT, Washington, May 1, 1953. Chairman, Committee on Interstate and Foreign Commerce, United States Senate, Washington, D. C. MY DEAR MR. CHAIRMAN: Further reference is made to your letter of April 11, 1953, requesting the views of this Department on Senate Joint Resolution 67, 83d Congress, 1st session, to repeal certain World War II laws relating to return of fishing vessels, and for other purposes. The resolution proposes to repeal the act of April 29, 1943, as amended (50 U. S. C. App. 1301–1305), and the act of August 10, 1946 (50 U. S. C. App. 1306–1308). ́ ́A provision is also included excepting certain actions taken before enactment from the applicability of the joint resolution and a further provision is included for the disposition of other vessels after enactment in accordance with the provisions of other existing laws. The act of April 29, 1943, as amended, provides for and authorizes the return to private ownership of certain vessels formerly used or suitable for use in the fisheries or industries related thereto, vessels of 1,000 gross tons or less, and vessels employed on the Great Lakes during the year preceding their acquisition by the United States, with certain specified exceptions. The act of August 10, 1946, relates to the sale by the United States of surplus vessels suitable for use as fishing vessels. Inasmuch as matters relating to the disposition and sale of surplus vessels or vessels acquired by the United States through purchase or requisition are not matters within the jurisdiction of this Department, no comment is made with respect to the advisability of enactment. Very truly yours, ELBERT P. TUTTLE, General Counsel. Senator BUTLER. Now, if there is no one else to appear in connection with Senate Joint Resolution 67 we will proceed to other business. HEARING BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE UNITED STATES SENATE EIGHTY-THIRD CONGRESS SECOND SESSION ON S. 1763 A BILL TO AMEND SECTION 4482 OF THE REVISED JUNE 16, 1954 Printed for the use of the Committee on Interstate and Foreign Commerce |