failure to substitute for the War Contracts Price Adjustment Board prior to the effective date of this sentence, such case is revived and reinstated in such court as if it had not been dismissed.

(i) Renegotiation Act not repealed.

Except as by this Act [sections 1211 to 1233 of this Appendix] specifically amended or modified, all provisions of the Renegotiation Act [section 1191 of this Appendix] shall remain in full force and effect.

(j) Definitions.

The terms which are defined in the Renegotiation Act shall, when used in this section, have the same meaning as when used in the Renegotiation Act [section 1191 of this Appendix], except that where a renegotiation function has been transferred by or pursuant to law the terms "Secretary" or "Secretaries" and "Department" or "Departments" shall be understood to refer to the successors in function to those officers or offices specifically named in the Renegotiation Act [section 1191 of this Appendix]. (k) Effective date.

This section shall take effect sixty days after the date of the enactment of this Act [March 23, 19511. (Mar. 23, 1951, ch. 15, title II, § 201, 65 Stat. 23; July 17, 1952, ch. 924, § 3, 66 Stat. 753; Sept. 1, 1954, ch. 1209, § 8, 68 Stat. 1118.)

REFERENCES IN TEXT

Effective date of this section, referred to in subsecs. (e), (g), (h) and (k), occurred sixty days after Mar. 23, 1951, as provided by subsec. (k).

AMENDMENTS

1954 Subsec. (h). Act Sept. 1, 1954, extended provisions for two years and reinstated cases dismissed on the technicality that the United States had not been substituted for "The" War Contracts Price Adjustment Board.

1952-Subsec. (h). Act July 17, 1952, extended for an additional year the term during which a litigant may substitute a new defendant for the War Contracts Price Adjustment Board.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1215 of this Appendix.

§ 1232. Period of limitations for Renegotiation Act of 1948.

No proceeding under the Renegotiation Act of 1948 [section 1193 of this Appendix] to determine the amount of excessive profits for any fiscal year shall be commenced more than one year after the mandatory statement required by the regulations issued pursuant to such Act [section 1193 of this Appendix] is filed with respect to such year, or more than six months after the date of the enactment of this title [March 23, 19511, whichever is the later, and if such proceeding is not so commenced (in the manner provided by the regulations prescribed pursuant to such Act [section 1193 of this Appendix]), all liabilities of the contractor or subcontractor under such Act [section 1193 of this Appendix] for excessive profits received or accrued during such fiscal year shall thereupon be discharged. agreement or order determining the amount of excessive profits under such Act [section 1193 of this Appendix] is not made within two years following the commencement of the renegotiation proceeding, then upon the expiration of such two years all

If an

liabilities of the contractor or subcontractor for excessive profits with respect to which such proceeding was commenced shall thereupon be discharged, except that (1) such two-year period may be extended by mutual agreement, and (2) if within such two years such an order is duly issued pursuant to such Act [section 1193 of this Appendix). such two-year limitation shall not apply to the review of such order by any renegotiation board duly authorized to undertake such review. (Mar. 23, 1951, ch. 15, title II, § 202, 65 Stat. 24.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1215, 1231 of this Appendix.

§ 1233. Amendment of section 3806 of Title 26.

Section 3806 (a) (1) of the Internal Revenue Code [section 3806(a)(1) of Title 26, I.R.C. 1939] is amended by striking out subparagraphs (A), (B), and (C) and inserting in lieu thereof the following:

"(A) The term 'renegotiation' includes any transaction which is a renegotiation within the meaning of the Federal renegotiation act applicable to such transaction, any modification of one or more contracts with the United States or any agency thereof, and any agreement with the United States or any agency thereof in respect of one or more such contracts or subcontracts thereunder.

"(B) The term 'excessive profits' includes any amount which constitutes excessive profits within the meaning assigned to such term by the applicable Federal renegotiation act, any part of the contract price of a contract with the United States or any agency thereof, any part of the subcontract price of a subcontract under such a contract, and any profits derived from one or more such contracts or subcontracts.

"(C) The term 'subcontract' includes any purchase order or agreement which is a subcontract within the meaning assigned to such term by the applicable Federal renegotiation act.

"(D) The term 'Federal renegotiation act' includes section 403 of the Sixth Supplemental National Defense Appropriation Act (Public 528, 77th Cong., 2d Sess.), as amended or supplemented [section 1191 of this Appendix], the Renegotiation Act of 1948, as amended or supplemented [section 1193 of this Appendix], and the Renegotiation Act of 1951, as amended or supplemented [sections 1211-1233 of this Appendix]." (Mar. 23, 1951, ch. 15, title II, § 203, 65 Stat. 25.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1215, 1231 of this Appendix.

ACT MAY 2, 1941, CH. 84, 55 STAT. 148

SS 1261, 1262. Repealed. July 25, 1947, ch. 327, § 1, 61 Stat. 449.

Sections, acts May 2, 1941, ch. 84, §§ 2, 3, 55 Stat. 148, 149; June 16, 1942, ch. 416, 56 Stat. 370, authorized United States Maritime Commission to negotiate contracts without advertisement or bids and to charter Commission's vessels to private operators for foreign trade until six months after end of World War II.

§ 1263. Repealed. May 7, 1943, ch. 93, § 5, 57 Stat. 77. Section, acts May 2, 1941, ch. 84, § 4, 55 Stat. 150; June 16, 1942, ch. 416, 56 Stat. 370, related to working hours and overtime pay of United States Maritime Commission ship construction and other employees.

ACT JUNE 6, 1941, CH. 174, 55 STAT. 242 SS 1271 to 1275. Omitted.

CODIFICATION

Section 1271, acts June 6, 1941, ch. 174, § 1, 55 Stat. 242; June 16, 1942, ch. 416, 56 Stat. 370; Mar. 24, 1943, ch. 26, § 3(a), 57 Stat. 48, related to purchase, requisition, etc., of foreign vessels authorized during national emergency and compensation, expired on July 1, 1953, and is now covered on a permanent basis by section 196 of Title 50, War and National Defense.

Section 1272, acts June 6, 1941, ch. 174, § 2, 55 Stat. 243; June 16, 1942, ch. 416, 56 Stat. 370, related to availability of appropriations for carrying out provisions of section 1271-1275 of this Appendix, expired on July 1, 1953.

Section 1273, acts June 6, 1941, ch. 174, § 3, 55 Stat. 243; June 16, 1942, ch. 416, 56 Stat. 370; Mar. 24, 1943, ch. 26, § 3(1), 57 Stat. 51, related to charter of domestic and foreign vessels, expired on July 1, 1953, and is now covered on a permanent basis by sections 197 and 198 of Title 50, War and National Defense.

Section 1274, acts June 6. 1942, ch. 174, § 4, 55 Stat. 244; June 16, 1942, ch. 416, 56 Stat. 370; Mar. 24, 1943, ch. 26, § 3(k), 57 Stat. 51, related to purchase of domestic or

foreign vessels, expired on July 1, 1953, and is now covered on a permanent basis by sections 197 and 198 of Title 50, War and National Defense.

Section 1275, acts June 6, 1941, ch. 174, § 5, 55 Stat. 244; June 16, 1942, ch. 416, 56 Stat. 370, related to documentation of vessels requisitioned, purchased, etc., expired on July 1, 1953, and is now covered on a permanent basis by section 198 of Title 50, War and National Defense. Ex. Ord. No. 9848, May 8, 1947, 12 F.R. 3059, and Ex. Ord. No. 8869, Aug. 23, 1941, 6 F.R. 4351, related to the administration of former sections 1271-1275 of this Appendix.

ACT JULY 14, 1941, CH. 297, 55 STAT. 591

SS 1281 to 1286. Repealed. July 25, 1947, ch. 327, § 1, 61 Stat. 449.

Sections, act July 14, 1941, ch. 297, §§ 1-6, 55 Stat. 591; June 16, 1942, ch. 416, 56 Stat. 370, constituted the Merchant Ship Priorities Act, which governed priorities in transportation by merchant vessels during the national emergency.

EXTENSION OF TERMINATION DATE

Prior to repeal, these sections had been extended until six months after termination of World War II by Joint Res. June 16, 1942, ch. 416, 56 Stat. 370.

ACT MAR. 24, 1943, CH. 26, 57 STAT. 45

§ 1291. Rights of American seamen on privately owned and operated American vessels extended to seamen employed through the War Shipping Administration; exceptions; definitions.

(a) Officers and members of crews (hereinafter referred to as "seamen") employed on United States or foreign flag vessels as employees of the United States through the War Shipping Administration shall, with respect to (1) laws administered by the Public Health Service and the Social Security Act [chapter 7 of Title 42], as amended by subsection (b) (2) and (3) of this section; (2) death, injuries, illness, maintenance and cure, loss of effects, detention, or repatriation, or claims arising therefrom not covered by the foregoing clause (1); and (3) collection of wages and bonuses and making of allotments, have all of the rights, benefits, exemptions, privileges, and liabilities, under law applicable to citizens of the United States employed as seamen on privately owned and operated American vessels. Such seamen, because of the temporary wartime character of their employment by the War Shipping Administration, shall not be considered as officers or employees of the United States for the purposes of the United States Employees Compensation Act, as amended [section 8101 et seq. of Title 5]; the Civil Service Retirement Act, as amended [section 8331 et seq. of Title 5]; the Act of Congress approved March 7, 1942 (Public Law 490, Seventy-seventh Congress) [sections 1001-1012, 1013-1016 of this Appendix; Title 5, former §§ 691, 693, 715; former Title 34, § 943]; or the Act entitled "An Act to provide benefits for the injury, disability, death, or detention of employees of contractors with the United States and certain other persons or reimbursement therefor", approved December 2, 1942 (Public Law 784, Seventy-seventh Congress) [section 1701 et seq. of Title 421. Claims arising under clause (1) hereof shall be enforced if the seaman were employed on a privately owned and operated American vessel. Any claim referred to in clause (2) or (3) hereof shall, if administratively disallowed in whole or in part, be enforced pursuant to the provisions of

the Suits in Admiralty Act [section 741 et seq. of Title 461, notwithstanding the vessel on which the seaman is employed is not a merchant vessel within the meaning of such Act [said sections]. Any claim, right, or cause of action of or in respect of any such seaman accuring on or after October 1, 1941, and prior to the date of enactment of this section may be enforced, and upon the election of the seaman or his surviving dependent or beneficiary, or his legal representative to do shall be governed, as if this section had been in effect when such claim, right, or cause of action accrued, such election to be made in accordance with rules and regulations prescribed by the Administrator, War Shipping Administration. Rights of any seaman under the Social Security Act [chapter 7 of Title 42], as amended by subsection (b) (2) and (3), and claims therefor shall be governed solely by the provisions of such Act, so amended. When used in this subsection the term "administratively disallowed" means a denial of a written claim in accordance with rules or regulations prescribed by the Administrator, War Shipping Administration. When used in this subsection the terms "War Shipping Administration" and "Administrator, War Shipping Administration" shall be deemed to include the United States Maritime Commission with respect to the period beginning October 1, 1941, and ending February 11, 1942, and the term "seaman” shall be deemed to include any seaman employed as an employee of the United States through the War Shipping Administration on vessels made available to or subchartered to other agencies or departments of the United States.

(b) (1) Section 1426 of the Internal Revenue Code (53 Stat. 177, 1383; 26 U.S.C., I.R.C. 1939, § 1426) is amended by adding at the end thereof the following new subsection:

"(i) Officers and Members of Crews Employed by War Shipping Administration.-The term 'employment' shall include such service as is determined by the Administrator, War Shipping Administration, to be performed after September 30, 1941, and prior to the termination of title I of the First War Powers Act, 1941, on or in connection with any vessel by an officer or member of the crew as an employee of the United States employed through the War Shipping Administration, or, in respect of such service performed before February 11, 1942, the United States Maritime Commission, but shall not include any such service performed (1) under a contract entered into without the United States and during the performance of which the vessel does not touch at a port in the United States, or (2) on a vessel documented under the laws of any foreign country and bareboat chartered to the War Shipping Administration. The term 'wages' means, with respect to service which constitutes employment by reason of this subsection, such amount of remuneration as is determined (subject to the provisions of this section) by the Administrator, War Shipping Administration, to be paid for such service. The Administrator and such agents as he may designate for the purpose are authorized and directed to comply with the provisions of the internal revenue laws on behalf of the United States as the employer of individuals whose service constitutes employment by

reason of this subsection, but the Administrator and his agents shall not be liable for the tax on any employee imposed by section 1400 (unless the Administrator or his agent collects such tax from the employee) with respect to service performed before the date of enactment of this subsection which constitutes employment by reason of the enactment of this subsection. The Administrator, War Shipping Administration, and the United States Maritime Commission, and their agents or persons acting on their behalf or for their account, may, for convenience of administration, make payments of the tax imposed under section 1410 without regard to the $3,000 liimtation in section 1426 (a) (1), but they shall not be required to obtain a refund of the tax paid under section 1410 on that part of the remuneration of seamen in their employ not included in wages by reason of section 1426 (a) (1)."

(2) Section 209 of the Social Security Act, as amended (U. S. C., title 42, sec. 409), is amended by adding at the end thereof the following new subsection:

"(o) (1) Officers and Members of Crews Employed by War Shipping Administration.—The term 'employment' shall include such service as is determined by the Administrator, War Shipping Administration, to be performed after September 30, 1941, and prior to the termination of title I of the First War Powers Act, 1941, on or in connection with any vessel by an officer or member of the crew as an employee of the United States employed through the War Shipping Administration or, in respect to such service performed before February 11, 1942, the United States Maritime Commission, but shall not include any such service performed (1) under a contract entered into without the United States and during the performance of which the vessel does not touch at a port in the United States, or (2) on a vessel documented under the laws of any foreign country and bareboat chartered to the War Shipping Administration.

(2) The Federal Security Administrator shall not make determinations as to whether an individual has performed services which are employment by reason of this subsection, or the periods of such services, or the amounts of remuneration for such services, or the periods in which or for which such remuneration was paid, but shall accept the determinations with respect thereto of the Administrator, War Shipping Administration, and such agents as he may designate, as evidenced by returns filed by such Administrator as an employer pursuant to section 1426 (i) of the Internal Revenue Code [section 1426 (i) of Title 26, I.R.C. 1939] and certifications made pursuant to this subsection. Such determination shall be final and conclusive.

"(3) The Administrator, War Shipping Administration, is authorized and directed, upon written request of the Federal Security Administrator, to make certification to it with respect to any matter determinable for the Federal Security Administrator by the War Shipping Administration under this subsection, which the Federal Security Administrator finds necessary in administering this title.

"(4) This subsection shall be effective as of September 30, 1941."

(3) Section 907 of the Social Security Act Amendments of 1939 is amended by inserting after the phrase "attaining age sixty-five," the following: "and 1 per centum of any wages paid him for services which constitute employment by virtue of subsection (o) of section 209 of the Social Security Act, as amended [Title 42, § 4091,".

(c) The War Shipping Administration and its agents or persons acting on its behalf or for its account may, for convenience of administration, with the approval of the Administrator, make payments cf any taxes, fees, charges, or exactions to the United States or its agencies. (Mar. 24, 1943, ch. 26, § 1, 57 Stat. 45; Apr. 4, 1944, ch. 161, §§ 1, 2, 58 Stat. 188; Mar. 24, 1945, ch. 36, § 1 (a), 59 Stat. 38; 1946 Reorg. Plan No. 2, § 4, eff. July 16, 1946, 11 F. R. 7873, 60 Stat. 1095.)

REFERENCES IN TEXT

Title I of the First War Powers Act, 1941, referred to in subsec. (b) (1), (2), is classified to sections 601-605 of this Appendix. For termination of those sections at end of six-month period following termination of World War II, or at such earlier time as Congress or the President may designate, see section 621 of this Appendix, and for termination of state of war, see notes preceding section 1 of this Appendix.

AMENDMENTS

1945 Subsec. (b) (1). Act Mar. 24, 1945, added last sentence.

1944 Subsec. (b) (1). Act Apr. 4, 1944, § 1, inserted a comma and "but shall not * • War Shipping Administration" preceding period at end of first sentence of section.

Subsec. (b) (2). Act Apr. 4, 1944, § 2, inserted a comma and "but shall not * War Shipping Administration" preceding period at end of subd. (1).

EFFECTIVE DATE

Subsec. (b) of section 1 of act Mar. 24, 1945, provided that amendment shall be effective as if made by section 1 of act Mar. 24, 1943.

TRANSFER OF FUNCTIONS

"Federal Security Administrator" was substituted for "Social Security Board" and "Board" wherever appearing in subsec. (b) (2) by 1946 Reorg. Plan No. 2, § 4. See note under section 902 of Title 42, Public Health and Welfare. ABOLISHMENT OF UNITED STATES MARITIME COMMISSION AND TRANSFER OF FUNCTIONS

The United States Maritime Commission was abolished by 1950 Reorg. Plan No. 21, eff. May 24, 1950, 15 F. R. 3178, 64 Stat. 1273, set out in the Appendix to Title 5, Government Organization and Employees which transferred part of its functions and part of the functions of its Chairman to the Federal Maritime Board and the Chairman thereof, that Board having been created by that Plan as an agency within the Department of Commerce with an independent status in some respects, and transferred the remainder of that Commission's functions and the functions of its Chairman to the Secretary of Commerce, with power vested in the Secretary to authorize their performance by the Maritime Administrator, the head of the Maritime Administration, which likewise was established by the Plan in the Department of Commerce with the provision that the Chairman of the Federal Maritime Board should, ex officio, be that Administrator. The Federal Maritime Board, in turn, was abolished by 1961 Reorg. Plan No. 7, eff. Aug. 12, 1961, F.R. 7315, 75 Stat. 840, set out in the Appendix to Title 5, which created the Federal Maritime Commission and transferred to it and to the Secretary of Commerce the functions formerly performed by the Board. TERMINATION OF WAR SHIPPING ADMINISTRATION Section 202 of act July 8, 1946, ch. 543, title II, 60 Stat. 501, terminated the War Shipping Administration as of Sept. 1, 1946, and transferred all functions, powers, duties, etc., to the United States Maritime Commission for the

period from Sept. 1, 1946 to Dec. 31, 1946, for the purpose of liquidating the Administration.

VESSEL OPERATIONS UNDER REVOLVING FUND Vessel operations conducted under Vessel Operations Revolving Fund, applicability of subsecs. (a) and (c) of this section to, see section 1241a of Title 46, Shipping. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5541; title 46 section 1241a.

§ 1292. Insurance awards by War Shipping Administrators; findings and actions as conclusive.

(a) Repealed. July 25, 1947, ch. 327, § 1, 61 Stat. 449.

(b) Whenever the Administrator, War Shipping Administration, finds that, on or after October 1, 1941, and before thirty days after the date of enactment of this subsection, a master, officer, or member of the crew of, or any persons transported on a vessel owned by or chartered to the Maritime Commission, the War Shipping Administration, or the War Department or operated by, or for the account of, or at the direction or under the control of the Commission, the Administration, or the War Department, has suffered death, injury, detention, or other casualty, for which the War Shipping Administration would be authorized to provide insurance under Subtitle-Insurance of title II of the Merchant Marine Act, 1936, as amended by this Act [former sections 1128 to 1128h of Title 461, the Administrator may declare that such death, injury, detention, or other casualty, shall be deemed and considered to be covered by such insurance at the time of the disaster or accident, if the Administrator finds that such action is required to make equitable provision for loss or injury related to the war effort and not otherwise adequately provided for: Provided, That in making provision for insurance under this subsection the Administrator shall not provide for payments in excess of those generally provided for in comparable cases under insurance hereafter furnished under the said Subtitle-Insurance of title II, as amended: Provided further, That any money paid to any person by reason of insurance provided for under this subsection shall apply in pro tanto satisfaction of the claim of such person against the United States arising from the same loss or injury. There shall be no recovery of any money paid on account of insurance provided for the master, officers, or members of the crew of, or individuals transported on, any vessel under this subsection or under Subtitle Insurance of title II of the Merchant Marine Act, 1936, as amended, from any person who in the judgment of the Administrator, War Shipping Administration, is without fault, and when in the judgment of the Administrator such recovery would defeat the purposes of benefits otherwise authorized or would be against equity and good conscience. The declarations, findings, and actions of or by the Administrator under this subsection shall be final and conclusive.

(c) The Administrator, War Shipping Administration, is also authorized to make payments, in accordance with rate schedules provided by the United States Employees' Compensation Act [section 8101 et seq. of Title 51, to a master, officer, or member of the crew of, or any persons transported on, a vessel

owned by or chartered to the Maritime Commission or the War Shipping Administration or operated by, or for the account of, or at the direction or under the control of the Commission or the Administration, for permanent total or partial disability as long as such disability resulting from causes related to the war effort whether heretofore or hereafter arising exists; such payments to commence if and when insurance benefits provided by the War Shipping Administration for such person shall have been exhausted.

(d) The War Shipping Administration shall have the right of intervention and a lien and right of recovery in the cases and to the extent of any payments paid and payable under this section or under Subtitle Insurance of Title II of the Merchant Marine Act, 1936, as amended [former sections 1128 to 1128h of Title 461, in the manner provided in the last paragraph of subsection (c) of section 105 of the Act approved December 2, 1942 (Public Law 784, 77th Congress; 42 U.S.C., sec. 1701), as amended by Public Law 216, 78th Congress, approved December 23, 1943. Any amounts recovered under this provision shall be covered into the Marine and Warrisk insurance fund, War Shipping Administration. (Mar. 24, 1943, ch. 26, § 2, 57 Stat. 47; Sept. 30, 1944, ch. 451, 58 Stat. 758; Aug. 8, 1946, ch. 905, 60 Stat. 937; July 25, 1947, ch. 327, § 1, 61 Stat. 449.)

AMENDMENTS

1947-Subsec. (a). Act July 25, 1947, repealed subsec. (a), which amended former section 1128a of Title 46, Shipping.

1946 Subsec. (b). Act Aug. 8, 1946, made section applicable to employees of the War Department.

1944 Subsec. (b). Act Sept. 30, 1944, inserted sentence beginning "There shall be no".

Subsecs. (c) and (d). Act Sept. 30, 1944, added subsecs. (c) and (d).

EFFECTIVE DATE

Section 1 of act of Aug. 8, 1946, provided in part that this section shall become effective as of Mar. 24, 1943.

TERMINATION OF THE WAR SHIPPING ADMINISTRATION Section 202 of act July 8, 1946, ch. 543, title II, 60 Stat. 501, terminated the War Shipping Administration as of Sept. 1, 1946, and transferred all functions, powers, duties, etc. to the United States Maritime Commission for the period from Sept. 1, 1946, to Dec. 31, 1946, for the purpose of liquidating the Administration.

§ 1293. Payment of compensation; insurance.

(a) The second proviso of section 1 of the Act of June 6, 1941 (Public Law 101, Seventy-seventh Congress), as amended [former section 1271 of this Appendix], is amended to read as follows: "Provided further, That such compensation hereunder, or advances on account thereof, shall be deposited with the Treasurer of the United States, and the fund so deposited shall be available for the payment of such compensation, and shall be subject to be applied to the payment of the amount of any valid claim by way of mortgage or maritime lien or attachment lien upon such vessel, or of any stipulation therefor in a court of the United States, or of any State, subsisting at the time of such requisition or taking of title or possession; the holder of any such claim may commence prior to June 30, 1943, or within six months after the first such deposit with the Treasurer and publication of notice thereof in the

Federal Register, whichever date is later, and maintain in the United States district court from whose custody such vessel has been or may be taken or in whose territorial jurisdiction the vessel was lying at the time of requisition or taking of title or possession, a suit in admiralty according to the principles of libels in rem against the fund, which shall proceed and be heard and determined according to the principles of law and to the rules of practice obtaining in like cases between private parties, and any decree in said suit shall be paid out of the first and all subsequent deposits of compensation; and such suit shall be commenced in the manner provided by section 2 of the Suits in Admiralty Act [section 742 of Title 46] and service of process shall be made in the manner therein provided by service upon the United States attorney and by mailing by registered mail to the Attorney General and the United States Maritime Commission and due notice shall under order of the court be given to all interested persons, and any decree shall be subject to appeal and revision as now provided in other cases of admiralty and maritime jurisdiction."

(b) Expired.

(c) In the event that a vessel the title or use and possession of which is requisitioned or taken pursuant to section 902 of the Merchant Marine Act, 1936, as amended [section 1242 of Title 461, or the Act of June 6, 1941 (Public Law 101, Seventy-seventh Congress) [former sections 1271 to 1275 of this Appendix], is in the custody of any court, State or Federal, it shall be the duty of all agents and officers of the court having possession, custody, or control of said vessel, forthwith upon the filing with the clerk of said court of a certified copy of the order of requisitioning or taking, and without further order of the court, to comply with said requisitioning or taking and to permit the representatives of the United States Maritime Commission or the War Shipping Administration, as the case may be, to take possession, custody, and control of said vessel. (d) Section 902 of the Merchant Marine Act, 1936, as amended [section 1242 of Title 46], is amended by adding at the end of subsection (d) thereof a paragraph to read as follows:

"The existence of any valid claim by way of mortgage or maritime claim or attachment lien upon such vessel shall not prevent the taking thereof pursuant to this section: Provided, however, That in the event any such claim exists the United States Maritime Commission may in its discretion deposit such portion of the compensation hereunder, or advances on account thereof, as may equal but not exceed the amount of such claims in respect of the vessel, with the Treasurer of the United States, and the fund so deposited shall be available for the payment of such compensation, and shall be subject to be applied to the payment of the amount of any valid claim by way of mortgage or maritime lien or attachment lien upon such vessel, or of any stipulation therefor in a court of the United States, or of any State, subsisting at the time of such requisition or taking of title or possession; the holder of any such claim may commence prior to June 30, 1943, or within six months after the first such deposit with the Treasurer and publication of notice thereof in the