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B-124032 1 (1978-05-11)

handle is hein.gao/gaobachlq0001 and id is 1 raw text is: 
              COMPTROLLER GENERAL OF THE UNITED STATES
                        WASHINGTON, D.C. 20548


B-124032                          M Y 11 1978



The Honorable John M. Murphy
Chairman, Committee on Merchant
  Marine and Fisheries
House of Representatives

Dear Mr. Chairman:

     We refer to your letter of February 2, 1978, requesting.a legal
interpretation and a Statement in quantitative terms of what is meant
by the phrase substantial portion in the Declaration of Policy of
the Merchant Marine Act of 1936, as amended, 46 U.S.C. llol(Supp. V,
1975). In addition to the interpretation, you request a statement
as to the extent the Executive Branch is carrying out the intent of
this policy.

     Section 101 of Pub. L. No. 835, ch. 858, 49 Stat. 1985, codified
as Section ll01Aof the Merchant Marine Act of 1936, 46 U.S.C. 1101+
(Supp. V, 1975), provides in pertinent part that:


361


     It is necessary for the national defense and
development of its foreign and domestic commerce that*
the United States shall have a merchant marine (a)
sufficient to carry its domestic water-borne commerce
and a substantial portion of the water-borne export and
import foreign commerce of the United States and to
provide shipping service essential for maintaining the
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     at all times, * * *. (Emphasis ours.)

     While the Declaration of Policy in the 1920 and 1928 Merchant
Marine Acts used the words greater portion, Section 1 of H.R. 8555,
which as modified was enacted as Section l01*of Pub. L. 835, originally
contained this language in the Declaration .of Policy:

          Section 1. It is necessary for the national
     defense and development of its foreign and domestic
     commerce that the& United States shall have a merchant
     marine (a)*sufficient to carry its domestic water borne
     commerce and at least one-half of the water borne
     export and import foreign cotmnerce of the United States
     and to provide shipping service on all routes essential
     for maintaining the flow of such domestic and foreign
     water borne commerce at all times, *   *    (Emphasis
     ours. )                                                                      ., .


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