Operating_Differential Subsidies
Published on AidPage by
IDILOGIC on Jun 24, 2005
Purpose of this program:
To promote development and maintenance of the U.S. Merchant Marine by granting financial aid to equalize cost of operating a U.S. flag ship with cost of operating a competitive foreign flag ship.
Possible uses and use restrictions...
The Maritime Security Act, which was enacted on October 8, 1996, provides for the wind-up of the program by providing that the Secretary of Transportation shall not enter into any new contract for operating-differential subsidy (ODS). This law also provides that any ODS contract in effect before the date of enactment shall continue in effect and terminate as set forth in the contract. Title VI of the Act provides for the payment of operating-differential subsidy on vessels to be used in a foreign service in the foreign commerce of the United States, which has been declared to be essential by the Secretary of Transportation under Section 211 of the Act. Operating subsidy is based on the difference between the fair and reasonable cost of certain items of operating expense and the estimated cost of the same items of expense if the vessels were operated under foreign registry. See program 20.813, Maritime Security Fleet Program.
Who is eligible to apply...
Any U.S. citizen who has the ability, experience, financial resources, and other qualifications necessary to enable him or her to conduct the proposed operation of U.S. flag vessels in an essential service in the foreign commerce of the U.S.
Credentials/Documentation
Proof of U.S. citizenship. This program is excluded from coverage under OMB Circular No. A-87.
Note:This is a brief description of the credentials or documentation required prior to, or along with, an application for assistance.
About this section:
This section indicates who can apply to the Federal government for assistance and the criteria the potential applicant must satisfy.
For example, individuals may be eligible for research grants, and the criteria to be satisfied may be that they have a professional or scientific degree,
3 years of research experience, and be a citizen of the United States. Universities, medical schools, hospitals, or State and local governments may also be eligible.
Where State governments are eligible, the type of State agency will be indicated (State welfare agency or State agency on aging) and the criteria that they
must satisfy.
Certain federal programs (e.g., the Pell Grant program which provides grants to students) involve intermediate levels of application processing, i.e., applications
are transmitted through colleges or universities that are neither the direct applicant nor the ultimate beneficiary. For these programs,
the criteria that the intermediaries must satisfy are also indicated, along with intermediaries who are not eligible.
How to apply...
Application Procedure:
Not applicable. See the Uses and Use Restrictions section above. This program is excluded from coverage under OMB Circular Nos. A-102 and A-110.
Note: Each program will indicate whether applications are to be submitted to the Federal headquarters, regional or local office, or to a State or local government office.
Award Procedure:
See the Uses and Use Restrictions section above. The Office of Insurance and Shipping Analysis reviews applications and determines that ODS may be paid if: (1) the operation is required to meet foreign competition; (2) the applicant owns, leases, can or will build competitive vessels; (3) the applicant possesses the ability, experience and financial resources necessary to conduct the operation; and (4) the granting of aid is necessary to place the proposed operation on a parity with foreign competition. Award decisions are approved by the Maritime Subsidy Board who will then notify operator of award.
Note: Grant payments may be made by a letter of credit, advance by Treasury check, or reimbursement by Treasury check.
Awards may be made by the headquarters office directly to the applicant, an agency field office, a regional office,
or by an authorized county office. The assistance may pass through the initial applicant for further distribution by
intermediate level applicants to groups or individuals in the private sector.
Deadlines and process...
Deadlines
None.
Note:
When available, this section indicates the deadlines for applications to the funding agency which will
be stated in terms of the date(s) or between what dates the application should be received.
When not available, applicants should contact the funding agency for deadline information.
Range of Approval/Disapproval Time
From 90 days to 2 years.
Preapplication Coordination
None. This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under E.O. 12372.
Note:
This section indicates whether any prior coordination or approval is required with governmental or nongovernmental units
prior to the submission of a formal application to the federal funding agency.
Appeals
Appeals of decisions of the Maritime Subsidy Board are directed to the Secretary of Transportation in accordance with Department Organization Order 1100.60.
Note:
In some cases, there are no provisions for appeal. Where applicable, this section discusses appeal procedures or allowable rework time for resubmission
of applications to be processed by the funding agency. Appeal procedures vary with individual programs and are either listed in this section or
applicants are referred to appeal procedures documented in the relevant Code of Federal Regulations (CFR).
Renewals
Not applicable.
Note:
In some instances, renewal procedures may be the same as for the application procedure, e.g., for projects of a non-continuing nature renewals will be treated as new, competing applications; for projects of an ongoing nature, renewals may be given annually.
Who can benefit...
U.S. citizens.
Beneficiaries
About this section:
This section lists the ultimate beneficiaries of a program, the criteria they must satisfy and who specifically is not eligible. The applicant and beneficiary will generally be the same for programs that provide assistance directly from a Federal agency. However, financial assistance that passes through State or local governments will have different applicants and beneficiaries since the assistance is transmitted to private sector beneficiaries who are not obligated to request or apply for the assistance.
What types of assistance...
Direct Payments for Specified Use
Financial assistance from the Federal government provided directly to individuals, private firms, and other private institutions to encourage or subsidize a particular activity by conditioning the receipt of the assistance on a particular performance by the recipient. This does not include solicited contracts for the procurement of goods and services for the Federal government.
How much financial aid...
Range and Average of Financial Assistance
Depending upon the type of service vessel and trade, the per day subsidy payments per ship normally range from about $5,000 to $10,000.
Note:
This section lists the representative range (smallest to largest) of the amount of financial assistance available. These figures are based upon funds awarded in the past fiscal year and the current fiscal year to date. Also indicated is an approximate average amount of awards which were made in the past and current fiscal years.
Obligations
(Program Level) FY 02 $0; FY 03 est $0; and FY 04 est $0.
Note:
The dollar amounts listed in this section represent obligations for the past fiscal year (PY), estimates for the current fiscal year (CY), and estimates for the budget fiscal year (BY) as reported by the Federal agencies. Obligations for non-financial assistance programs indicate the administrative expenses involved in the operation of a program.
Account Identification
69-1709-0-1-403.
Note:
Note: This 11-digit budget account identification code represents the account which funds a particular program.
This code should be consistent with the code given for the program area as specified in Appendix III of the Budget of the United States Government.
Examples of funded projects...
Operating-differential subsidy is paid on U.S. flag vessels operating in the foreign commerce of the United States. Subsidized vessels include container ships, lighter- aboard-ships (LASH), liquid and dry bulk cargo vessels, and tug-barge vessels.
About this section
This section indicates the different types of projects which have been funded in the past. Only projects funded under Project Grants or Direct Payments for Specified Use should be listed here. The examples give potential applicants an idea of the types of projects that may be accepted for funding. The agency should list at least five examples of the most recently funded projects.
Program accomplishments...
As of October 1, 2002, all contracts have expired.
Criteria for selecting proposals...
(1) The operation is required to meet foreign competition; (2) the applicant owns, leases, can or will build competitive vessels; (3) the applicant possesses the ability, experience and financial resources on a parity with foreign competition. Award decisions are approved by the Maritime Subsidy Board who will then notify operator of award. The Administration has a policy of awarding no new ODS contracts; all existing contracts will be honored.
Assistance considerations...
Length and Time Phasing of Assistance
Not to exceed 20-year contracts. After signing of contract, subsidy is payable commencing with loading of cargo on first outbound voyage.
Formula and Matching Requirements
The subsidy paid for liner vessels may not exceed the difference between the subsidizable cost of wages, subsistence of officers and crews on passenger vessels, and the fair and reasonable cost of insurance and maintenance and repairs not compensated by insurance, over the estimated subsidizable and fair and reasonable costs of the same items if the vessels were operated under foreign flag. Any vessel operating in an essential bulk service may be paid such sum as determined necessary by the Secretary of Transportation to make the cost of operating such vessel competitive with the cost of operating similar vessels under the registry of a foreign country.
Note:
A formula may be based on population, per capita income, and other statistical factors. Applicants are informed whether there are any matching requirements to be met when participating in the cost of a project. In general, the matching share represents that portion of the project costs not borne by the Federal government. Attachment F of OMB Circular No. A-102 (Office of Management and Budget) sets forth the criteria and procedures for the evaluation of matching share requirements which may be cash or in-kind contributions made by State and local governments or other agencies, institutions, private organizations, or individuals to satisfy matching requirements of Federal grants or loans.
Cash contributions represent the grantees' cash outlay, including the outlay of money contributed to the grantee by other public agencies, institutions, private organizations, or individuals. When authorized by Federal regulation, Federal funds received from other grants may be considered as the grantees' cash contribution.
In-kind contributions represent the value of noncash contributions provided by the grantee, other public agencies and institutions, private organizations or individuals. In-kind contributions may consist of charges for real property and equipment, and value of goods and services directly benefiting and specifically identifiable to the grant program. When authorized by Federal legislation, property purchased with Federal funds may be considered as grantees' in-kind contribution.
Maintenance of effort (MOE) is a requirement contained in certain legislation, regulations, or administrative policies stating that a grantee must maintain a specified level of financial effort in a specific area in order to receive Federal grant funds, and that the Federal grant funds may be used only to supplement, not supplant, the level of grantee funds.
Post assistance requirements...
Reports
The reports required and a list of records to be maintained are listed in the Maritime Administration Index of Current Regulations, published by the Maritime Administration.
Note:
This section indicates whether program reports, expenditure reports, cash reports or performance monitoring are required by the Federal funding agency, and specifies at what time intervals (monthly, annually, etc.) this must be accomplished.
Audits
All financial records concerning subsidizable expenses are subject to audit, on a voyage basis. Audits shall be made of organizations participating in this program on an annual basis. These audits will be made by the Office of the Inspector General (DOT) in accordance with the General Accounting Office guidelines, "Standards for Audit of Government Organizations, Programs, Activities and Functions," and additional OMB guidance.
Note:
This section discusses audits required by the Federal agency.
The procedures and requirements for State and local governments and nonprofit entities are set forth in OMB Circular No. A-133.
These requirements pertain to awards made within the respective State's fiscal year - not the Federal fiscal year,
as some State and local governments may use the calendar year or other variation of time span designated as the fiscal year period,
rather than that commonly known as the Federal fiscal year (from October 1st through September 30th).
Records
See the Reports section above.
Note:
This section indicates the record retention requirements and the type of records the Federal agency may require.
Not included are the normally imposed requirements of the General Accounting Office.
For programs falling under the purview of OMB Circular No. A-102, record retention is set forth in Attachment C.
For other programs, record retention is governed by the funding agency's requirements.
Regulations...
Authorization
Merchant Marine Act of 1936, Title VI, as amended; Public Law 74-835, 46 U.S.C. 1171-1183.
Note:
This section lists the legal authority upon which a program is based (acts, amendments to acts, Public Law numbers, titles, sections, Statute Codes, citations to the U.S. Code, Executive Orders, Presidential Reorganization Plans, and Memoranda from an agency head).
Regulations, Guidelines, And Literature
46 CFR Part 251; "The U.S. Merchant Marine-A Brief History."