Page:United States Statutes at Large Volume 120.djvu/1588

 PUBLIC LAW 109–304—OCT. 6, 2006

120 STAT. 1557

foreign commerce of the United States and to provide shipping service essential for maintaining the flow of the waterborne domestic and foreign commerce at all times; ‘‘(2) capable of serving as a naval and military auxiliary in time of war or national emergency; ‘‘(3) owned and operated as vessels of the United States by citizens of the United States; ‘‘(4) composed of the best-equipped, safest, and most suitable types of vessels and manned with a trained and efficient citizen personnel; and ‘‘(5) supplemented by efficient facilities for building and repairing vessels. ‘‘(b) POLICY.—It is the policy of the United States to encourage and aid the development and maintenance of a merchant marine satisfying the objectives described in subsection (a). ‘‘§ 50102. Survey of merchant marine ‘‘(a) IN GENERAL.—The Secretary of Transportation shall survey the merchant marine of the United States to determine whether replacements and additions are required to carry out the objectives and policy of section 50101 of this title. The Secretary shall study, perfect, and adopt a long-range program for replacements and additions that will result, as soon as practicable, in— ‘‘(1) an adequate and well-balanced merchant fleet, including vessels of all types, that will provide shipping service essential for maintaining the flow of foreign commerce by vessels designed to be readily and quickly convertible into transport and supply vessels in a time of national emergency; ‘‘(2) ownership and operation of the fleet by citizens of the United States insofar as practicable; ‘‘(3) vessels designed to afford the best and most complete protection for passengers and crew against fire and all marine perils; and ‘‘(4) an efficient capacity for building and repairing vessels in the United States with an adequate number of skilled personnel to provide an adequate mobilization base. ‘‘(b) COOPERATION WITH SECRETARY OF NAVY.—In carrying out subsection (a)(1), the Secretary of Transportation shall cooperate closely with the Secretary of the Navy as to national defense requirements. ‘‘§ 50103. Determinations of essential services ‘‘(a) ESSENTIAL SERVICES, ROUTES, AND LINES.— ‘‘(1) IN GENERAL.—The Secretary of Transportation shall investigate, determine, and keep current records of the ocean services, routes, and lines from ports in the United States, or in the territories and possessions of the United States, to foreign markets, which the Secretary determines to be essential for the promotion, development, expansion, and maintenance of the foreign commerce of the United States. In making such a determination, the Secretary shall consider and give due weight to— ‘‘(A) the cost of maintaining each line; ‘‘(B) the probability that a line cannot be maintained except at a heavy loss disproportionate to the benefit to foreign trade;

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