Page:United States Statutes at Large Volume 49 Part 1.djvu/2048

 74TH CONGRESS. SESS. II. CH. 858 . JUN E 29, 1936 . 200 3 No such operating-differential subsidy shall be paid until the con- Payment of wages to tractor shall have furnished evidence satisfactory to the Commission ships personnel. that the wages prescribed in ac cordance with sub section 301 (a) o f this Act have been paid to the ship's personnel. SEC . 604. If in the case of any particular foreign-trade route the Foreign tr ade routes, Commission finds the subsidy provided for in this part of this title addi tiona l sub sidy. in any resp ect inadequate t o offset the effe ct of governmenta l aid paid to foreign competitors, it may grant such additional subsidy as it d etermines to be necessary for tha t purpose : Provided, Tha t Proviso. no such additional subsidy shall be granted, and no part thereof in gran ting app rova l paid, except upon an affirmative vote of all the members of the Commission. SEC. 605. (a) No operating-differential subsidy shall be paid for Coastwise or inter- coast al trade, restric- the operation of any vessel on a voyage on which it engages in tion on subsidy pay- coastwise or intercoastal trade : Provided, however, That such sub- ment to vessels engaged en gaged sidy may be paid on a round-the-world voyage or a round voyage in. Jo int domestic and from the west coast of the United States to a European port or foreign trade. ports or a round voyage from the Atlantic coast to the Orient which includes intercoastal ports of the United States or a voyage in for- eign tr ade on which the vessel may stop at an island poss ession or island territory of the United States, and if the subsidized vessel earns any gross revenue on the carriage of mail, passengers, or cargo by reason of such coastal or intercoastal trade the subsidy payment for the entire voyage shall be reduced by an amount which bears the same ratio to the subsidy otherwise payable as such gross revenue bears to the gross revenue derived from the entire voyage. No vessel G reat Lak es, et c., operating on the Great Lakes or on the inland waterways of the service not foreign. United States shall be considered for the purposes of this Act to be operating in foreign trade. (b) No operating-differential subsidy shall be paid for the opera- Vessels mo re th an 20 years of age, denial of tion of a vessel that is more than twenty years of age unless the subsidy for operation Commission finds that it is in the public interest to grant such finan- of- Exception. cial aid for the operation of such vessel and enters a formal order thereon, and the Commission shall include in each annual report Report. a full report covering each case in which such exception is made, with the reasons therefor. (c) No contract shall be made under this title with respect to a Routes, etc ., served vessel to be operated on a service, route, or line served by citizens by u. s' oit controntrats striction on c of the United States which would be in addition to the existing serv- for additional service . ice, or services, unless the Commission shall determine after proper Excep tion. hearing of all parties that. the service already provided by vessels of United States registry in such service, route, or line is inadequate, and that in the accomplishment of the purposes and policy of this Act additional vessels should be operated thereon ; and no contract etandue advantage, shall be made with respect to a vessel operated or to be operated in a service, route, or line served by two or more citizens of the United States with vessels of United States registry, if the Commission shall determine the effect of such a contract would be to give undue advantage or be unduly prejudicial, as between citizens of the United States, in the operation of vessels in competitive services, routes, or lines, unless following public hearing, due notice of which shall be Excep tion. given to each line serving the route, the Commission shall find that it is necessary to enter into such contract in order to provide ade- quate service by vessels of United States registry. The Commission, e,Determining wheth in determining for the purposes of this section whether services are petitive. competiti ve, shall take into consideration the type, size, and speed of the vessels employed, whether passenger or cargo, or combination passenger and cargo, vessels, the ports or ranges between which they run, the character of cargo carried, and such other facts as it may d eem pro per.