Page:United States Statutes at Large Volume 84 Part 1.djvu/1083

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[84 STAT. 1025]
PUBLIC LAW 91-000—MMMM. DD, 1970
[84 STAT. 1025]

84 STAT. ]

PUBLIC LAW 91-469-OCT. 21, 1970

1025

from January 1 of such base period to January 1 of such period in the index described in subdivision (3) hereof, and with respect to a base period means the base period cost. The subsidizable wage costs of United States officers and crews in any period other than a base period shall not be less than 90 per centum of the collective-bargaining costs as of January 1 of such period nor greater than 110 per centum of such collective-bargaining costs. "(2) The Secretary of G)mmerce shall determine the collectivebargaining costs on ships in subsidized operation as of January 1, 1971, and as of each January 1 thereafter, and shall as of intervals of not less than two years nor more than four years, establish a new base period cost, except that the Secretary shall not establish a new base period unless he announces his intention to do so prior to the December 31 that would be included in the new base period. "(3) The Bureau of Labor Statistics shall compile the index referred wage change to in subdivision (1). Such index shall consist of the average annual "^*" change in wages and benefits placed into effect for employees covered by collective-bargaining agreements with equal weight to be given to changes affecting employees in the transportation industry (excluding the offshore maritime industry) and to changes affecting employees in private nonagricultural industries other than transportation. Such index shall be based on the materials regularly used by the Bureau of Labor Statistics in compiling its regularly published statistical series on wage and benefit changes arrived at through collective bargaining. Such materials shall remain confidential ajid not he subject to disclosure. " (d) Each foreign wage cost computation shall be made after an Foreign wage opportunity is given to the contractor to submit in writing and in '=°'"P"*^*'°"timely fashion all relevant data within his possession. I n making the computation, the Secretary shall consider all relevant matter so presented and all foreign wage cost data collected at his request or on his behalf. Such foreign cost data shall be made available to an interested contractor, unless the Secretary shall find that disclosure of the data will prevent him from obtaining such data in the future. I n determining foreign manning for purposes of this section, the foreign manning determined for any ship type with respect to any base period shall not be redetermined until the beginning of a new base period. "(e) The wage subsidy shall be payable monthly for the voyages completed during the month, upon the contractor's certification that the subsidized vessels were in authorized service during the month. The Secretary of Commerce shall prescribe procedures for the calculation and payment of subsidy on items of expense which are included in 'collective-bargaining costs' but are not included in the daily rate because they are unpredictably timed." (2) Eedesignated subsection (f) is amended to read as follows: " (f) Ninety percent of the amount of the insurance and maintenance and repair and subsistence of officers and crews subsidy shall be pay^able monthly for the voyages completed during the month on the basis of the subsidy estimated to have accrued with respect to such voyages. Any such payment shall be made only after there has been furnished to the Secretary of Commerce such security as he deems to be reasonable and necessary to assure refund of any overpayment. The contractor and the Secretary of Commerce shall audit the voyage accounts as soon as practicable after such payment. The remaining 10 percent of such subsidy shall be payable after such audit." SEC. 18. Section 605(b) is amended by striking out the words 66 Stat. 764; "except one whose life exj^ectancy has been determined as provided ^\Tvsc\\7'5. in section 607(b) for a period in no case to exceed the life expectancy Post, p. 1027.