88th Congress, S. 1031 An Act To repeal the Inland Waterways Corporation Act. 77 STAT. 81. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (1) the Act Inland Water entitled "An Act to create the Inland Waterways Corporation for the ways Corporation. purpose of carrying out the mandate and purpose of Congress as Act, repeal. expressed in sections 201 and 500 of the Transportation Act, and for other purposes", approved June 3, 1924, as amended (49 U.S.C. 151 157), and (2) section 201 of the Transportation Act, 1920 (49 U.S.C 43 Stat. 360. 141), are hereby repealed. 41 Stat. 458. SEC. 2. (a) For liquidation of the affairs of the Inland Waterways Secretary of Corporation, and for this purpose only, notwithstanding any other Commerce. provision of law, the Secretary of Commerce shall have all functions, Functions and powers, duties, authority, rights and immunities which were vested duties. in, or available or applicable to the Corporation on the day before the date of enactment of this Act (except requirements relating to service in contracts for sale of facilities of the Inland Waterways Corporation which are deemed to be modified by section 1 hereof) which shall be performed, exercised, and administered by the Secretary of Commerce in the same manner and to the same extent as if the same were performed, exercised, and administered by the Corporation. The Secretary of Commerce shall assume and be subject in his official capacity to all rights and benefits, all liabilities and commitments, whether arising out of contract or otherwise, of the Corporation, but he shall pay into the Treasury, as miscellaneous receipts, all future receipts and all remaining funds of the Corporation transferred to, or received by, him. To assist in his liquidation of the Corporation, the books of account, records, documents, assets, and liabilities of every kind and nature, including but not limited to, all funds, notes (and accrued interest thereon), mortgages, deeds of trust, contracts, commitments, claims, and causes of action of Inland Waterways Corporation are transferred to the Secretary of Commerce for liquidation or assignment. (b) No suit, action, or other proceeding lawfully commenced by or against Inland Waterways Corporation before the date of enactment of this Act shall abate by reason of this Act; but the court may, on motion or supplemental petition filed at any time within twelve months after such dissolution and showing a necessity for the survival of such suit, action, or other proceeding to obtain a settlement of the questions involved, allow the same to be maintained by or against the United States in such court. After the date of enactment of this Act, any suit, action, or other proceeding which, but for this Act, would be commenced by or against the Corporation, shall be commenced by ́or against the United States in a Federal court of competent jurisdiction. Approved July 19, 1963. LEGISLATIVE HISTORY: HOUSE REPORT No. 347 accompanying H. R. 2876 (Interstate & Foreign Commerce Comm.). SENATE REPORT No. 207 (Commerce Comm.). June 11: Considered and passed Senate. July 8: Passed House in lieu of H. R. 2876. 88th Congress, H. R. 5207 An Act To amend the Foreign Service Buildings Act, 1926, to authorize additional appropriations, 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 4 of the Foreign Service Foreign Service Buildings Act, 1926, as amended (22 U.S.C. 295), is Buildings Act, amended by adding at the end thereof the following new subsection: 1926, amendment. 74 Stat. 847. "(d) In addition to amounts authorized before the date of enact- 44 Stat. 404; ment of this section, there is hereby authorized to be appropriated to the Secretary of State "(1) for acquisition, by purchase or construction (including acquisition of leaseholds) of sites and buildings in foreign countries under this Act, and for major alterations of buildings acquired under this Act, the following sums "(A) for use in Africa, not to exceed $7,140,000 of which not to exceed $3,270,000 may be appropriated for the fiscal year 1964; "(B) for use in the American Republics, not to exceed $5,360,000, of which not to exceed $4,030,000 may be appropriated for the fiscal year 1964; "(C) for use in Europe, not to exceed $6,839,000, of which not to exceed $1,820,000 may be appropriated for the fiscal year 1964; "(D) for use in the Far East, not to exceed $2,350,000, of which not to exceed $2,200,000 may be appropriated for the fiscal year 1964; "(E) for use in the Near East, not to exceed $2,710,000, of which not to exceed $2,100,000 may be appropriated for the fiscal year 1964; "(F) for facilities for the United States Information Agency, not to exceed $1,125,000, of which not to exceed $720,000 may be appropriated for the fiscal year 1964, and "(G) for facilities for agricultural and defense attaché housing, not to exceed $800,000, of which not to exceed $400,000 may be appropriated for the fiscal year 1964; "(2) for use to carry out the other purposes of this Act, not to exceed $23,500,000, of which not to exceed $11,500,000 may be appropriated for the fiscal year 1964. Sums appropriated pursuant to this authorization shall remain available until expended. To the maximum extent feasible, expenditures under this Act shall be made out of foreign currencies owned by or owed to the United States." 77 STAT. 121. SEC. 2. (a) Section 2 of the Foreign Service Buildings Act, 1926 77 STAT. 122. (22 U.S.C. 293), is repealed. (b) The first section of such Act (22 U.S.C. 292) is amended— (1) by striking out", subject to the direction of the commission hereinafter established,"; (2) by striking out "under such terms and conditions as in the judgment of the commission may best protect the interests of the United States,"; (3) by striking out ", to the extent deemed advisable by the commission,"; and (4) by striking out ", which buildings shall be appropriately designated by the commission, and the space in which shall be allotted by the Secretary of State under the direction of the commission" and inserting a period and the following: "The space in such buildings shall be allotted by the Secretary of State". 22 USC 293 note. 60 Stat. 128. 50 USC app. 1751 note. 76 Stat. 411. 77 STAT. 122. 77 STAT. 123. (c) Section 3 of such Act (22 U.S.C. 294) is amended (1) by striking out ", subject to the direction of the commission," and "in the judgment of the commission,"; and (2) by inserting immediately before the period at the end thereof the following: "and without regard to section 3648 of the Revised Statutes of the United States (31 U.S.C. 529)". (d) Section 4 of such Act (22 U.S.C. 295) is amended by striking out", subject to the direction of the commission,". (e) Section 9 of such Act (22 U.S.C. 300) is amended (1) by striking out "with the concurrence of the Foreign Service Buildings Commission,"; and (2) by striking out ", as in the judgment of the Commission may best serve the Government's interest". (f) Section 1(e) of Reorganization Plan Numbered II of May 9, 1939 (53 Stat. 1432), is repealed. (g) All references to the Foreign Service Buildings Commission, originally established by the Foreign Service Buildings Act, 1926, in all laws of the United States are hereby repealed. SEC. 3. (a) The first section of the Act entitled “An Act to authorize the payment of the balance of awards for war damage compensation inade by the Philippine War Damage Commission under the terms of the Philippine Rehabilitation Act of April 30, 1946, and to authorize the appropriation of $73,000,000 for that purpose", approved August 30, 1962, (50 App. U.S.C. 1751-1785 note; Public Law 87-616), is amended by inserting before the period at the end of the second sentence thereof a comma and the following: "or $25,000, whichever is the lesser". (b) Section 6 of such Act is amended by inserting immediately before the first sentence therein the letter "(a)"; by striking the word "section" in the last two sentences therein and inserting the word "subsection"; and by adding the following new subsection: "(b) Notwithstanding the provisions of subsection (a), no sum shall be paid by any claimant directly or indirectly to, or received or accepted by, any former commissioner or employee of the Philippine War Damage Commission or their assigns, or any person employed by or associated with any such former commissioner or employee in connection with the preparation, filing, allowance, or collection of any claim under this Act, as compensation on account of services rendered or as reimbursement on account of expenses incurred in connection with any application filed under this Act. Whoever, subject to the jurisdiction of the United States, makes a payment in violation of the provisions of this subsection shall be fined not more than $5,000 or imprisoned for not more than one year or both. Whoever, subject to the jurisdiction of the United States, receives or accepts a payment in violation of this subsection, shall be fined not more than $5,000 or imprisoned for not more than five years or both. Whoever, subject to the jurisdiction of the United States, receives or accepts a payment in violation of this subsection, shall forfeit to the Government of the United States a sum equal to three times the amount of such payment, and the Commission shall take action to recover such sum from the person receiving the payment." (c) Section 5(a) of such Act is amended by striking out the next to the last sentence thereof and inserting in lieu thereof the following: "Any balance of the appropriation made pursuant to section 8 remaining after the payments authorized by the first section of this Act have been made and after any administrative expenses incurred by the Commission in connection with such payments have been paid shall be paid into a special fund in the United States Treasury to be used for the purpose of furthering educational exchange and other educa 36-928 - 79-40 77 STAT. 123. tional programs to the mutual advantage of the Republic of the Philippines and the United States in such manner as the Presidents of those two Republics shall from time to time determine. There shall be withheld from the payment authorized by the preceding sentence a sum equal to the difference between $73,000,000 (less administrative expenses) and the total amount which would have been paid to the claimants under the provisions of Public Law 87-616, which 76 Stat. 411. of such claimant arising out of awards for war damage compensation LEGISLATIVE HISTORY: HOUSE REPORTS: No. 194 (Comm. on Foreign Affairs), No. 497 (Comm. of Conference). SENATE REPORT No. 178 (Comm. on Foreign Relations). May 1: Considered and passed House. May 23: Considered and passed Senate, amended. |