(a) Application for subsidy; conditions precedent to granting
The Secretary of Transportation is authorized and directed to consider the application of any citizen of the United States for financial aid in the operation of a vessel or vessels, which are to be used in an essential service in the foreign commerce of the United States or in such service and in cruises authorized under section
1183 of this Appendix. In this subchapter VI the term “essential service” means the operation of a vessel on a service, route, or line described in section
1121(a) of this Appendix or in bulk cargo carrying service described in section
1121(b) of this Appendix. No such application shall be approved by the Secretary of Transportation unless he determines that
(1) the operation of such vessel or vessels in an essential service is required to meet foreign-flag competition and to promote the foreign commerce of the United States except to the extent such vessels are to be operated on cruises authorized under section
1183 of this Appendix, and that such vessel or vessels were built in the United States, or have been documented under the laws of the United States not later than February 1, 1928, or actually ordered and under construction for the account of citizens of the United States prior to such date;
(2) the applicant owns, or leases or can and will build or purchase, or lease, a vessel or vessels of the size, type, speed, and number, and with the proper equipment required to enable him to operate in an essential service, in such manner as may be necessary to meet competitive conditions, and to promote foreign commerce;
(3) the applicant possesses the ability, experience, financial resources, and other qualifications necessary to enable him to conduct the proposed operations of the vessel or vessels as to meet competitive conditions and promote foreign commerce;
(4) the granting of the aid applied for is necessary to place the proposed operations of the vessel or vessels on a parity with those of foreign competitors, and is reasonably calculated to carry out effectively the purposes and policy of this chapter. To the extent the application covers cruises, as authorized under section
1183 of this Appendix, the Secretary of Transportation may make the portion of this last determination relating to parity on the basis that any foreign flag cruise from the United States competes with any American flag cruise from the United States.
(b) Statements as to financial interests to accompany application; penalty for false statements
Every application for an operating-differential subsidy under the provisions of this subchapter shall be accompanied by statements disclosing the names of all persons having any pecuniary interest, direct or indirect, in such application, or in the ownership or use of the vessel or vessels, routes, or lines covered thereby, and the nature and extent of any such interest, together with such financial and other statements as may be required by the Secretary of Transportation. All such statements shall be under oath or affirmation and in such form as the Secretary of Transportation shall prescribe. Any person who, in an application for financial aid under this subchapter or in any statement required to be filed therewith, willfully makes any untrue statement of a material fact, shall be guilty of a misdemeanor.
1981—Subsec. (a). Pub. L. 97–31substituted “Secretary of Transportation” for “Secretary of Commerce” in two places and for “Commission” in one place. For prior transfers of functions of the Commission, meaning the United States Maritime Commission, see Transfer of Functions note below.
Subsec. (b). Pub. L. 97–31substituted “Secretary of Transportation” for “Commission” in two places. For prior transfers of functions of the Commission, meaning the United States Maritime Commission, see Transfer of Functions note below.
1970—Subsec. (a). Pub. L. 91–603included the leasing of vessels in cl. (2).
Pub. L. 91–469inserted definition of “essential service”, and substituted “an essential service” for “such service, route, or line” in cl. (1) and “in an essential service” for “and maintain the service, route, or line” in cl. (2); substituted “Secretary of Commerce” for “Commission” in two places; and substituted “he” for “it” in third sentence preceding “determines that”, respectively.
1961—Subsec. (a). Pub. L. 87–45required the Federal Maritime Board to consider applications for financial aid in the operation of vessels in cruises under section
1183 of this Appendix, and permitted the Board, to the extent the application covers such cruises, to make the portion of the determination relating to parity on the basis that any foreign flag cruise from the United States competes with any American flag cruise from the United States.
Transfer of Functions
For transfer of functions of United States Maritime Commission, see Reorg. Plan No. 6 of 1949, Reorg. Plan No. 21 of 1950, and Reorg. Plan No. 7 of 1961, set out under section
1111 of this Appendix.
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