To give effect to the Convention on Great Lakes Fisheries signed at Washington Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Great Lakes be cited as the "Great Lakes Fishery Act of 1956.“ SEC. 2. As used in this Act, the term Fishery Aot of 1956. (a) "Convention" means the Convention on Great Lakes Fisheries Definitions. between the United States of America and Canada signed at Washington September 10, 1954; (b) Commission" means the Great Lakes Fishery Commission provided for by article II of the convention; (c) "United States Section" means the United States Commissioners on the Commission; (d) "Great Lakes State" means any of the following States: Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, or Wisconsin; (e) Great Lakes" means any of the following bodies of water: Lake Ontario (including the Saint Lawrence River from Lake Ontario to the forty-fifth parallel of latitude), Lake Erie, Lake Huron (including Lake Saint Clair), Lake Michigan, or Lake Superior. TIAS 3326. SEC. 3. The United States shall be represented on the Commission U. S. Commisby three Commissioners to be appointed by the President, to serve as ioners. such during his pleasure, and to receive no compensation for their Appointment. services as such Commissioners. Of such Commissioners— (a) one shall be an official of the United States Government; and (b) two shall be persons residing in Great Lakes States, duly qualified by reason of knowledge of the fisheries of the Great Lakes, of whom one shall be an official of a Great Lakes State: Provided, however, That the Commissioners appointed under this subsection shall not be residents of the same State. mittees. SEC. 4. (a) The United States Section shall appoint an advisory Great Lakes committee for each of the Great Lakes, upon which committee each advisory comState bordering on the lake may be represented by not more than four members. In making such appointments, the United States Section/70 Stat. 242. shall make its selection for each State from a list proposed by the Gov 70 Stat. 243. ernor of that State; and shall give due consideration to the interests of (1) State agencies having jurisdiction over fisheries; (2) the commercial fishing industry of the lake; (3) the sports fishing of the lake; and (4) the public at large. (b) A member of the advisory committee for one lake may also be a member of the advisory committee for one or more other lakes. (c) The members of the advisory committees shall receive no compensation from the Government of the United States for their services as such members. Not more than five members of all the committees, designated by the committees and approved by the United States Section, may be paid by the Government of the United States for transportation expenses and per diem incident to attendance at each meeting of the Commission or of the United States Section. (d) The members of the advisory committee for each lake shall be invited to attend all nonexecutive meetings of the United States Section relating to that lake and at such meetings shall be granted opportunity to examine and be heard on all proposed recommendations, programs, and activities relating to that lake. (740) Nonapplicability of certain statutes. 62 Stat. 697, 703. Lamprey control program. Transfer of SEO. 5. Service of any individual appointed as a United States Commissioner pursuant to section 3 (b), or as a member of an advisory committee pursuant to section 4 (a), shall not be considered as service or employment bringing such individual within the provisions of sections 281, 283, 284, and 434 of title 18 of the United States Code, and section 190 of the Revised Statutes (3 U. S. C. 99) except insofar as such provisions of law may prohibit any such individual from acting or receiving compensation in respect to matters directly relating to the Convention or this Act. SEC. 6. In order to carry out the obligations of the United States under the Convention, the United States Section is authorized— (a) to acquire any real property, or any interest therein, by purchase, exchange, gift, dedication, condemnation, or otherwise; (b) to construct, operate, and maintain any project or works designed to facilitate compliance with the provisions of the Convention relating to the sea lamprey control program; and (c) to enter into contract or agreement with any State or other public agency or private agency or individual for the construction, operation, or maintenance of any such project or works. SEC. 7. The Secretary of the Interior is authorized, upon the request projects, etc. of the United States Section U. S. Section. (a) to transfer to the United States Section any lamprey control project or works under his jurisdiction now existing or now under construction; and (b) to act for or on behalf of the United States Section in the exercise of the powers granted by this Act. SEC. 8. The United States Section shall, for the purposes of these 62 Stat. 975,982. provisions of title 28, U. S. C., Judiciary and Judicial Procedure, relating to claims against the United States and tort claims procedure, be deemed to be an agency of the United States. 28 USC 2501 et. seq.32671 . seg. Notice of proposals. 70 Stat. 243. 70 Stat. 244. Transmission of recommendations. Agency oooperation. State laws SEC. 9. At least thirty days before approving a proposal to utilize a lamprey control measure or install a device in any stream, the United States Section shall cause notice of such proposal to be sent to the official agency having jurisdiction over fisheries in each of the States through which the stream flows. SEO. 10. The Secretary of State shall upon the receipt from the Commission of any recommendation of a conservation measure made in accordance with article IV of the Convention transmit a copy of the recommendation with his comments thereon to the Governor of each Great Lakes State for consideration and such action as may be found to be appropriate. The Secretary of State shall also inform such other public agencies as he may deem appropriate. SEO. 11. Any agency of the United States Government is authorized to cooperate with the United States Section in the conduct of research programs and related activities and, on a reimbursable or other basis, to enter into agreements with the United States Section for the purpose of assisting it in carrying out the program for the control of lamprey populations. SEC. 12. Nothing in this Act shall be construed as preventing any and regulations. of the Great Lakes States from making or enforcing laws or regulations within their respective jurisdictions so far as such laws or regulations do not conflict with the Convention or this Act. All 70 Stat. 244. SEC. 13. There is hereby authorized to be appropriated from time to Appropriations. time such sums as may be necessary for carrying out the purposes and provisions of the Convention and this Act. SEC. 14. If any provision of this Act or the application of such Separability. provision to any circumstances or persons shall be held invalid, the validity of the remainder of the Act and the applicability of such provision to other circumstances or persons shall not be affected thereby. Approved June 4, 1956. To amend title II of the Merchant Marine Act, 1936, as amended, to provide for filing vessel utilization and performance reports by operators of vessels in the foreign commerce of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title II of the Merchant Marine. Merchant Marine Act, 1936, as amended (46 U. S. C. 1111-1127), is Reports. amended by inserting after section 212 (46 U. S. C. 1122), a new sec. 49 Stat. 1985, tion 212 (A) to read as follows: "SEC. 212. (A) The operator of a vessel in waterborne foreign commerce of the United States shall file at such times and in such manner as the Secretary of Commerce may prescribe by regulations, such report, account, record, or memorandum relating to the utilization and performance of such vessel in commerce of the United States, as the Secretary may determine to be necessary or desirable in order to carry out the purposes and provisions of this Act, as amended. Such report, account, record, or memorandum shall be signed and verified in accordance with regulations prescribed by the Secretary. An operator who does not file the report, account, record, or memorandum as required by this section and the regulations issued hereunder, shall be liable to the United States in a penalty of $50 for each day of such violation. The amount of any penalty imposed for any violation of this section upon the operator of any vessel shall constitute a lien upon the vessel involved in the violation, and such vessel may be libeled therefor in the district court of the United States for the district in which it may be found. The Secretary of Commerce may, in his discretion, remit or mitigate any penalty imposed under this section on such terms as he may deem proper." Approved June 25, 1956. 1990. To clarify section 1103 (d) of title XI (Federal Ship Mortgage Insurance) of the Merchant Marine Act, 1936, as amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That effective Sep- Federal Ship tember 3, 1954, section 1103 (d) of the Merchant Marine Act, 1936, Mortgage Inas amended, is amended to read as follows: 66 surance. "(d) The faith of the United States is solemnly pledged to the pay- 46 USC 1273. ment of the interest on and 90 per centum of the unpaid balance of the principal amount of each mortgage and loan insured under this title, but in the case of special-purpose vessels certified by the Secretary of Defense to be essential to national defense, the faith of the United States is solemnly pledged to the payment of the interest on and 100 per centum of the unpaid balance of the principal amount of each mortgage and loan insured under this title if the insurance contract obligates the United States to pay the interest on and 100 per centum of the unpaid balance of the principal amount of such mortgage or loan." Approved June 25, 1956. To amend the Internal Revenue Codes of 1939 and 1954, 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 117 of Taxes. the Internal Revenue Code of 1939 (relating to capital gains and Patent rights. losses) is hereby amended by adding at the end thereof a new subsection as follows: (q) TRANSFER OF PATENT RIGHTS. "(1) GENERAL RULE.-A transfer (other than by gift, inheritance, or devise) of property consisting of all substantial rights to a patent, or an undivided interest therein which includes a part of all such rights, by any holder shall be considered the sale or exchange of a capital asset held for more than 6 months, regardless of whether or not payments in consideration of such transfer are "(A) payable periodically over a period generally coterminous with the transferee's use of the patent, or "(B) contingent on the productivity, use, or disposition of the property transferred. "(2) HOLDER' DEFINED.-For purposes of this subsection, the term holder' means— or "(A) any individual whose efforts created such property, "(B) any other individual who has acquired his interest in such property in exchange for consideration in money or money's worth paid to such creator prior to actual reduction to practice of the invention covered by the patent, if such individual is neither "(i) the employer of such creator, nor "(ii) related to such creator (within the meaning of paragraph (3)). "(3) EXCEPTIONS.-This subsection shall not apply to any transfer described in paragraph (1)— "(A) by a nonresident alien individual, or "(B) between an individual and any related person. For purposes of this paragraph, the term 'related person' means a person, other than a brother or sister (whether of the whole or half blood), with respect to whom a loss resulting from the transfer would be disallowed under section 24 (b). "(4) APPLICABILITY.-This subsection shall apply with respect to any amount received, or payment made, pursuant to a transfer described in paragraph (1) in any taxable year beginning after May 31, 1950, regardless of the taxable year in which such transfer occurred." SEC. 2. CERTAIN CLAIMS AGAINST UNITED STATES. 65 Stat. 504. (a) Section 106 of the Internal Revenue Code of 1939 (relating to 53 Stat. 36. claims against the United States involving acquisition of property) is hereby amended to read as follows: "SEC. 106. CERTAIN CLAIMS AGAINST UNITED STATES. "In the case of any amount (other than interest) received by a taxpayer from the United States with respect to a claim against the United States "(a) involving the acquisition of property and remaining unpaid for more than 15 years, or (b) arising under a contract for the construction of installations or facilities for any branch of the armed services of the (744) |