An Act to amend the Fishermens Protective Act of 1987 to expedite the reimbursement of U.S. vessel owners for charges paid by them for the release of vessels and crews illegally seized by foreign countries, to strengthen the provisions therein relating to the collection of claims against such foreign countries for amounts so reimbursed, and for certain other amounts, and for other purposes
PL 92-569 (H.R.7117), enacted 10/26/1972

1182 
PUBLIC LAW 92-569-OCT. 26, 1972 
[86 STAT. 
Land acqui-
sition. 
Repeals. 
Appropriation 
limitation. 
SEC. 2. Section 3 of the Act of June 2,1936 (4^ Stat. 1393; 16 U.S.C. 
433c), is amended by adding at the end thereof the following new 
sentence: "The Secretary of the Interior is authorized to purchase with 
appropriated funds not to exceed four acres of land, or interests in 
land, for addition to the Perry's Victory and International Peace 
Memorial." 
SEC. 3. The following laws and parts of laws are repealed: 
(1) Sections 1, 2, 4, 5, 6, and 7 of the Act of March 3,1919 (ch. 116 
(40 Stat. 1322)). 
(2) Section 4 of the Act of June 2, 1936 (49 Stat. 1393: 16 U.S.C. 
433d). 
' 
SEC. 4. There are authorized to be appropriated such sums as may 
be necessary to carry out the purposes of this Act, but not more than 
$370,000 shall be appropriated for the acquisition of lands and inter-
.ests in lands and not more than $5,177,000 shall be appropriated for 
development. The sums authorized in this section shall be available 
for acquisition and development undertaken subsequent to the approval 
of this Act. 
Approved October 26, 1972. 
October 26, 1972 
[H. R. 7117] 
Public Law 92-569 
AN ACT 
To amend the Fishermen's Protective Act of 1967 to expedite the reimburse-
ment of United States vessel owners for charges paid by thenv for the release 
of vessels and crews Illegally seized by foreign countries,- to strei^hen the 
provisions therein relating to the collection of claims against sucn foreign 
countries for amounts so reimbursed and for certain other amounts, and for 
other purposes. 
Fishermen's 
Protective Act 
of 1967, amend-
ments. 
68 Stat. 8S3. 
Vessel owners, 
reimbursement. 
8 2 Stat. 730. 
Post, p. 1183. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress a^semhled^ That section 2(b) 
of the Fishermen's Protective Act of 1967 (22 U.S.C. 1972(b)) is 
amended by striking out "and to secure the release of such vessel and 
crew.-' and inserting in lieu thereof the following: ", to secure the 
release of such vessel and crew, and to immediately ascertain the 
amount of any fine, fee, or other direct charge which may be reim-
bursable under section 3(a)." 
SEC. 2. Section 3 of the Fishermen's Protective Act of 1967 (22 
U.S.C. 1973) is amended by inserting " ( a ) " immediately before "In", 
and by adding at the end thereof the following: "Any reimbursement 
under this section shall be made from the Fishermen's Protective Fund 
established pursuant to section 9. 
" (b) The Secretary of State shall make a certification under subsec-
tion (a) of this section as soon as possible after he is notified pursuant to 
section 2(b) of the amounts of the fines, fees, and other direct charges 
which were paid by the owners to secure the release of their vessel and 
crew. The amount of reimbursement made by the Secretary of the 
Treasury to the owners of any vessel under subsection (a) of this sec-
tion shall constitute a lien on the vessel which may be recovered in pro-
ceedings by libel in rem in the district court of the United States for 
any district within which the vessel may be. Any such lien shall termi-
nate on the ninetieth day a^ter the date on which the Secretary of the 
Treasury reimburees the owners under this section unless before such 
ninetieth day the United States initiates action to enforce the lien." 
SEC. 3. Section 5 of the Fishermen's Protective Act of 1967 (22 
U.S.C. 1975) is amended to read as follows: 
"SEC. 5. (a) The Secretary of State shall— 
"(1) immediately notify a foreign country of— 
"(A") any reimbursement made by the Secretary of the 
86 STAT. ] 
PUBLIC LAW 92-569-OCT. 26, 1972 
1183 
Treasury under section 3 as a result of the seizure of a vessel 
^"'®' P- ^^^a. 
of the United States by such country, 
"(B) any payment made pursuant to section 7 in connec- 
^2 stau 7
^
2
9
^
. 
tion with such seizure, and 
"(2) take such action as he deems appropriate to make and 
collect claims against such foreign country for the amounts so 
reimbursed and payments so made. 
"(b) If a foreign country fails or refuses to make payment in full 
on any claim made under subsection (a) (2) of this section within- one 
hundred and twenty days after the date on which such country is 
notified pursuant to subsection (a) (1) of this section, the Secretary 
of State shall transfer an amount equal to such unpaid claim or un-
paid portion thereof from any funds appropriated by Congress and 
programed for the current fiscal year for assistance to the government 
of such country under the Foreign Assistance Act of 1961 unless the 
^s sta^. 424^. 
President certifies to the Congress that it is in the national interest not note. 
to do so in the particular instance (and if such funds are insufficient 
to cover such claim, transfer shall be made from any funds so appro-
priated and programed for the next and any succeeding fiscal year) 
to (1) the Fishermen's Protective Fund established pursuant to sec-
tion 9 if the amount is transferred with respect to an unpaid claim 
for a reimbursement made under section 3, or (^) the separate account 
^"'e' P- 1182. 
established in the Treasury of the United States pursuant to section 
7 (c) if the amount is transferred -with respect to an unpaid claim for a 
^"''^• 
payment made umder section 7(a). Amounts transferred under this 
section shall not constitute satisfaction of any such claim of the United 
States against such foreign country." 
SEC. 4. Section 7(c) of the Fishermen's Protective Act of 1967 (22 
U.S.C. 1977(c)) is amended by inserting immediately before the last 
^2 stat. 729. 
sentence thereof the following new sentence: "If a transfer of funds 
is made to the separate account under section 5(b) (2) with respect 
to an unpaid claim and such claim is later paid, the amount so paid 
shall be covered into the Treasury as miscellaneous receipts." 
SEC. 5. The Fishermen's Protective Act of 1967 is further amended 
Fishermen's 
by adding at the end thereof the following new section: 
esrabi/shmem." ' 
"SEC. 9. There is created a Fishermen's Protective Fund which shall 
be used by the Secretary of the Treasury to reimburse owners of 
vessels for amounts certified to him by the Secretary of State under 
section 3. The amount of any claim or portion thereof collected by 
the Secretary of State from any foreign country pursuant to section 
5(a) shall be deposited in the fund and shall be available for the 
purpose of reimbursing vessel owners under section 3; except that if 
a transfer to the fund was made pursuant to section 5(b) (1) with 
respect to any such claim, an amount from the fund equal to the 
amount so collected shall be covered into the Treasury as miscellaneous 
receipts. There is authorized to be appropriated to the fund (1) the 
Appropriation. 
sum of $3,000,000 to provide initiail capital, and (2) such additional 
sums as may be necessary from time to time to supplement the fund 
in order to meet the requirements of the fund." 
SEC. 6. The amendments made by this Act shall apply with respect 
Effective date. 
to seizures of vessels of the United States occurring on or after the 
date of the enactment of this Act; except that reimbursements under 
section 3 of the Fishermen's Protective Act of 1967 (as in effect 
before such date of enactment) may be made from the fund established 
hj the amendment made by section 5 of this Act with respect to any 
seizure of a vessel occurring before such date of enactment and after 
December 31, 1970, if no reimbursement was made before such date 
of enactment. 
Approved October 26, 1972.