Browse Arkansas Code titles and sections
46 U.S.C. § 55305 — Cargoes procured, furnished, or financed by the United States Government
Federal law — U.S. Code and appendices · legal_authorities
**(a) Minimum Tonnage.—** When the United States Government procures, contracts for, or otherwise obtains for its own account, or furnishes to or for the account of a foreign country, organization, or persons without provision for reimbursement, any equipment, materials, or commodities, or provides financing in any way with Federal funds for the account of any persons unless otherwise exempted, within or without the United States, or advances funds or credits, or guarantees the convertibility of foreign currencies in connection with the furnishing or obtaining of the equipment, materials, or commodities, the appropriate agencies shall take steps necessary and practicable to ensure that at least 50 percent of the gross tonnage of the equipment, materials, or commodities (computed separately for dry bulk carriers, dry cargo liners, and tankers) which may be transported on ocean vessels is transported on privately-owned commercial vessels of the United States, as provided under subsection (b), to the extent those vessels are available at fair and reasonable rates for commercial vessels of the United States, in a manner that will ensure a fair and reasonable participation of commercial vessels of the United States in those cargoes by geographic areas.
**(b) Eligible Vessels.—** To be eligible to carry cargo as provided under subsection (a), a privately-owned commercial vessel shall be documented under the laws of the United States—
(1) for not less than three years; or
(2) after January 1, 2030, for less than three years, if the vessel owner signs an agreement with the Secretary providing that—
(A) the vessel shall remain documented under the laws of the United States for not less than three years; and
(B) the vessel owner shall, upon request of the Secretary, agre
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 55305
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 002846f223ef7772da390ffb2d4266010cf3f10e33d8e4c92cac0dd57c0ad578. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_2b2f459eb39be17cb868fefd
Source file: Laws/federal/codes/united-states-code/title-46/section-55305-cargoes-procured-furnished-or-financed-by-the-united-states-government--5550d879a2.md
Pages: Not recorded – Not recorded
Passage SHA-256: 94ce23ad125395f493a995820800587f5c81aa84ec85b4b9e63de2dadb5a18ff
Source location: Title 46, Chapter 553, § 55305; chapter-553-passenger-and-cargo-preferences.md
Stored source content
**(a) Minimum Tonnage.—** When the United States Government procures, contracts for, or otherwise obtains for its own account, or furnishes to or for the account of a foreign country, organization, or persons without provision for reimbursement, any equipment, materials, or commodities, or provides financing in any way with Federal funds for the account of any persons unless otherwise exempted, within or without the United States, or advances funds or credits, or guarantees the convertibility of foreign currencies in connection with the furnishing or obtaining of the equipment, materials, or commodities, the appropriate agencies shall take steps necessary and practicable to ensure that at least 50 percent of the gross tonnage of the equipment, materials, or commodities (computed separately for dry bulk carriers, dry cargo liners, and tankers) which may be transported on ocean vessels is transported on privately-owned commercial vessels of the United States, as provided under subsection (b), to the extent those vessels are available at fair and reasonable rates for commercial vessels of the United States, in a manner that will ensure a fair and reasonable participation of commercial vessels of the United States in those cargoes by geographic areas.
**(b) Eligible Vessels.—** To be eligible to carry cargo as provided under subsection (a), a privately-owned commercial vessel shall be documented under the laws of the United States—
(1) for not less than three years; or
(2) after January 1, 2030, for less than three years, if the vessel owner signs an agreement with the Secretary providing that—
(A) the vessel shall remain documented under the laws of the United States for not less than three years; and
(B) the vessel owner shall, upon request of the Secretary, agree to enroll the vessel in an emergency preparedness agreement or voluntary agreement authorized under section 708 of the Defense Production Act of 1950 ([50 U.S.C. 4558](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4558&num=0&edition=prelim)) and shall ensure the vessel remains so enrolled until the vessel ceases to be documented under the laws of the United States.
**(c) Violation of Agreement.—** A vessel under an agreement executed pursuant to subsection (b)(2) may be seized by, and forfeited to, the United States if, in violation of that agreement—
(1) the vessel owner places the vessel under foreign registry; or
(2) a person operates the vessel under the authority of a foreign country.
**(d) Waivers.—**
(1) Notwithstanding any other provision of law, when the President, the Secretary of Defense, or the Secretary of Transportation declares the existence of an emergency justifying a temporary waiver of this section or [section 55314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55314&num=0&edition=prelim), the President, the Secretary of Defense, or the Secretary of Transportation, following a determination by the Maritime Administrator, acting in the Administrator’s capacity as Director, National Shipping Authority, of the non-availability of qualified United States flag capacity at fair and reasonable rates for commercial vessels of the United States to meet the requirements of this section or [section 55314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55314&num=0&edition=prelim), may waive compliance with such section to the extent, in the manner, and on the terms the Maritime Administrator, acting in such capacity, prescribes, and no other waivers of the requirements of this section or [section 55314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55314&num=0&edition=prelim) shall be authorized.
(2)
(A) Subject to subparagraphs (B) and (C), a waiver issued under this subsection shall be for a period of not more than 60 days.
(B) Upon termination of the period of a waiver issued under this subsection, the Maritime Administrator may extend the waiver for an additional period of not more than 30 days, if the Maritime Administrator makes the determinations described in paragraph (1).
(C) The aggregate duration of the period of all waivers and extensions of waivers under this subsection with respect to any one set of events shall not exceed three months in a fiscal year.
(3) The Maritime Administrator shall—
(A) for each determination referred to in paragraph (1), identify any actions that could be taken to enable qualified United States flag capacity to meet the requirements of this section or section 55314 at fair and reasonable rates for commercial vessels of the United States;
(B) provide notice of each determination referred to in paragraph (1) to the Secretary of Transportation and, as applicable, the President or the Secretary of Defense; and
(C) publish each determination referred to in paragraph (1)—
(i) on the website of the Maritime Administration not later than 24 hours after notice of the determination is provided to the Secretary of Transportation; and
(ii) in the Federal Register.
(4) The Maritime Administrator shall notify—
(A) the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of—
(i) any request for a waiver (or an extension thereof) made by the Secretary of Transportation of this section or section 55314(a) 11 See References in Text note below. of this title by not later than 72 hours after receiving such a request; and
(ii) the issuance of any such waiver (or an extension thereof), and why such waiver or extension was necessary, by not later than 72 hours after such issuance; and
(B) the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate and the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives of—
(i) any request for a waiver (or an extension thereof) made by the Secretary of Defense of this section or section 55314(a) 1 of this title by not later than 72 hours after receiving such a request; and
(ii) the issuance of any such waiver (or an extension thereof), and why such waiver or extension was necessary, by not later than 72 hours after such issuance.
**(e) Programs of Other Agencies.—**
(1) Each department or agency that has responsibility for a program under this section shall administer that program with respect to this section under regulations and guidance issued by the Secretary of Transportation. The Secretary, after consulting with the department or agency or organization or person involved, shall have the sole responsibility for determining if a program is subject to the requirements of this section.
(2) The Secretary—
(A) shall conduct an annual review of the administration of programs determined pursuant to paragraph (1) as subject to the requirements of this section and annually submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the administration of such programs;
(B) may direct agencies to require the transportation on United States-flagged vessels of cargo shipments not otherwise subject to this section in equivalent amounts to cargo determined to have been shipped on foreign carriers in violation of this section;
(C) may impose on any person that violates this section, or a regulation prescribed under this section, a civil penalty of not more than $25,000 for each violation willfully and knowingly committed, with each day of a continuing violation following the date of shipment to be a separate violation; and
(D) may take other measures as appropriate under the Federal Acquisition Regulations issued pursuant to section 25(c)(1) 1 of the Office of Federal Procurement Policy Act ([41 U.S.C. 1303(a)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1303/a/1&num=0&edition=prelim)) or contract with respect to each violation.
**(f) Security of Government-Impelled Cargo.—**
(1) In order to ensure the safety of vessels and crewmembers transporting equipment, materials, or commodities under this section, the Secretary of Transportation shall direct each department or agency (except the Department of Defense), when responsible for the carriage of such equipment, materials, or commodities, to reimburse, subject to the availability of appropriations, the owners or operators of vessels of the United States carrying such equipment, materials, or commodities for the cost of providing armed personnel aboard such vessels if the vessels are transiting high-risk waters.
(2) In this subsection, the term “high-risk waters” means waters so designated by the Commandant of the Coast Guard in the maritime security directive issued by the Commandant and in effect on the date on which an applicable voyage begins, if the Secretary of Transportation—
(A) determines that an act of piracy occurred in the 12-month period preceding the date the voyage begins; or
(B) in such period, issued an advisory warning that an act of piracy is possible in such waters.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Repealed. Pub. L. 112–141, div. F, title I, § 100124(a)(1), July 6, 2012, 126 Stat. 915.]
**(b) Applicable Export Activity.—** The activities specified in this subsection are export activities (except inspection or weighing activities, other activities carried out for health or safety, or technical assistance provided in the handling of commercial transactions) of the Secretary of Agriculture or the Commodity Credit Corporation—
(1) carried out under the Food for Peace Act ([7 U.S.C. 1691](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1691&num=0&edition=prelim) et seq.);
(2) carried out under section 416 of the Agricultural Act of 1949 ([7 U.S.C. 1431](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1431&num=0&edition=prelim));
(3) carried out under the Bill Emerson Humanitarian Trust Act ([7 U.S.C. 1736f–1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1736f–1&num=0&edition=prelim));
(4) under which agricultural commodities or their products are—
(A) donated through foreign governments or private or public agencies, including intergovernmental organizations; or
(B) sold for foreign currencies or for dollars on credit terms of more than 10 years;
(5) under which agricultural commodities or their products are made available for emergency food relief at less than prevailing world market prices;
(6) under which a cash grant is made directly or through an intermediary to a foreign purchaser to enable the purchaser to obtain United States agricultural commodities or their products in an amount greater than the difference between the prevailing world market price and the United States market price, free along side vessel at a United States port; or
(7) under which agricu
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 55314
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “Administrator” means the Administrator for Federal Procurement Policy appointed under [section 1102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1102&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 101
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever in the judgment of the President any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this chapter, he may make application to the appropriate court for an order enjoining such acts or practices, or for an order enforcing compliance with such provision, and upon a showing by the President that such person has engaged or is about to engage in any such acts or practices a permanent or temporary injunction, restraining order, or other order, with or without such injunction or restraining order, shall be granted without bond.
**(b)** The district courts of the United States and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have jurisdiction of violations of this chapter or any rule, regulation, order, or subpena thereunder, and of all civil actions under this chapter to enforce any liability or duty created by, or to enjoin any violation of, this chapter or any rule, regulation, order, or subpena thereunder. Any criminal proceeding on account of any such violation may be brought in any district in which any act, failure to act, or transaction constituting the violation occurred. Any such civil action may be brought in any such district or in the district in which the defendant resides or transacts business. Process in such cases, criminal or civil, may be served in any district wherein the defendant resides or transacts business or wherever the defendant may be found; the subpena for witnesses who are required to attend a court in any district in such case may run into any other district. The termination of the authority granted in any subchapter or section of this chapter, or of any rule, regulation, or ord
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4558
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) If the President delegates to the Secretary of Defense the authority to carry out section 27(d) of the Arms Export Control Act ([22 U.S.C. 2767(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2767/d&num=0&edition=prelim)), relating to cooperative projects (as defined in such section), the Secretary may utilize his authority under this title in carrying out contracts or obligations incurred under such section.
(2) Except as provided in subsection (c), chapter 137 11 See References in Text note below. of this title shall apply to such contracts (referred to in paragraph (1)) entered into by the Secretary of Defense. Except to the extent waived under subsection (c) or some other provision of law, all other provisions of law relating to procurement, if otherwise applicable, shall apply to such contracts entered into by the Secretary of Defense.
**(b)** When contracting or incurring obligations under section 27(d) of the Arms Export Control Act for cooperative projects, the Secretary of Defense may require subcontracts to be awarded to particular subcontractors in furtherance of the cooperative project.
**(c)**
(1) Subject to paragraph (2), when entering into contracts or incurring obligations under section 27(d) of the Arms Export Control Act outside the United States, the Secretary of Defense may waive with respect to any such contract or subcontract the application of any provision of law, other than a provision of the Arms Export Control Act or section 2304 1 of this title, that specifically prescribes—
(A) procedures to be followed in the formation of contracts;
(B) terms and conditions to be included in contracts;
(C) requirements for or preferences to be given to goods grown, produced, or manufactured in the Un
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2350b
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
In the event that funds made available under this chapter (other than subchapter II of this chapter) are used by or under the supervision of the International Bank for Reconstruction and Development in furtherance of the development of the Indus Basin through the program of cooperation among South Asian and other countries of the free world, which is designed to promote economic growth and political stability in South Asia, such funds may be used in accordance with requirements, standards, or procedures established by the Bank concerning completion of plans and cost estimates and determination of feasibility, rather than with requirements, standards, or procedures, concerning such matters set forth in this chapter or other Acts; and such funds may also be used without regard to the provisions of [section 55305 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim), whenever the President determines that such provisions cannot be fully satisfied without seriously impeding or preventing accomplishment of the purposes of such programs: Provided, That compensating allowances are made in the administration of other programs to the same or other areas to which the requirements of said [section 55305 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim) are applicable.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2223
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
The ocean transportation between foreign countries of commodities and defense articles purchased with foreign currencies made available or derived from funds made available under this chapter or the Food for Peace Act, as amended [[7 U.S.C. 1691](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1691&num=0&edition=prelim) et seq.], and transfers of fresh fruit and products thereof under this chapter, shall not be governed by the provisions of [section 55305 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim), or any other law relating to the ocean transportation of commodities on United States flag vessels.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2353
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
For the purpose of facilitating implementation of [section 55305 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim), funds made available for the purposes of part I of subchapter I of this chapter or for purposes of part IV of subchapter II of this chapter may be used to make grants to recipients to pay all or any portion of such differential as is determined by the Secretary of Commerce to exist between United States and foreign-flag vessel charter or freight rates. Grants made under this section shall be paid with United States-owned foreign currencies wherever feasible.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2399d
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
In this title, the term “agency” means a department, agency, or instrumentality of the United States Government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 101
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Transportation, in consultation with the Secretary of Defense and the Secretary of the department in which the Coast Guard is operating, shall certify a training curriculum for United States mariners on the use of force against pirates. The curriculum shall include—
(1) information on waters designated as high-risk waters by the Commandant of the Coast Guard;
(2) information on current threats and patterns of attack by pirates;
(3) tactics for defense of a vessel, including instruction on the types, use, and limitations of security equipment;
(4) standard rules for the use of force for self-defense as developed by the Secretary of the department in which the Coast Guard is operating under section 912(c) of the Coast Guard Authorization Act of 2010 (Public Law 111–281; [46 U.S.C. 8107](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section8107&num=0&edition=prelim) note), including instruction on firearm safety for crewmembers of vessels carrying cargo under [section 55305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim); and
(5) procedures to follow to improve crewmember survivability if captured and taken hostage by pirates.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 51705
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Administrator of the Maritime Administration shall annually submit to Congress a report on the administration by—
(1) the Department of Defense of [section 2631 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2631&num=0&edition=prelim); and
(2) other Federal departments and agencies of programs the Administrator determines are subject to [section 55305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim).
**(b) Contents.—** Each annual report required under subsection (a) shall include, for each Federal department or agency that administers a program covered by the report—
(1) the gross tonnage of cargo (equipment, materials, or agricultural products), expressed by type of cargo, transported on United States flag vessels as compared to on foreign vessels; and
(2) the total number of United States flag vessels and total number of foreign vessels contracted by each department or agency.
**(c) Agency Reporting Requirements.—** Not later than January 31 of each year, the head of each Federal department or agency that administers a program covered by a report required under subsection (a) shall submit to the Administrator of the Maritime Administration the information described in subsection (b) for that department or agency.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 55301
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.