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10 U.S.C. § 2631 — Preference for United States vessels in transporting supplies by sea
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Supplies bought for the Army, Navy, Air Force, Marine Corps, or Space Force, or for a Defense Agency, or otherwise transported by the Department of Defense, may only be transported by sea in—
(1) a vessel belonging to the United States; or
(2) a vessel of the United States (as such term is defined in [section 116 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section116&num=0&edition=prelim)).
**(b) Waiver and Notification.—**
(1) The Secretary of Defense may waive the requirement under subsection (a) if such a vessel is—
(A) not available at a fair and reasonable rate for commercial vessels of the United States; or
(B) otherwise not available.
(2) At least once each fiscal year, the Secretary of Defense shall submit, in writing, to the appropriate congressional committees a notice of any waiver granted under this subsection and the reasons for such waiver.
**(c) Requirements for Reflagging or Repair Work.—**
(1) In each request for proposals to enter into a time-charter contract for the use of a vessel for the transportation of supplies under this section, the Secretary of Defense shall require that—
(A) any reflagging or repair work on a vessel for which a proposal is submitted in response to the request for proposals be performed in the United States (including any territory of the United States); and
(B) any corrective and preventive maintenance or repair work on a vessel under contract pursuant to this section relevant to the purpose of such contract be performed in the United States (including any territory of the United States) for the duration of the contract, to the greatest extent practicable.
(2) The Secretary of Defense may waive a requirement under paragraph (1) if the Secretary det
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Source file: Laws/federal/codes/united-states-code/title-10/section-2631-preference-for-united-states-vessels-in-transporting-supplies-by-sea--a7d9c1aa41.md
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Source location: Title 10, Chapter 157, § 2631; chapter-157-transportation.md
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**(a) In General.—** Supplies bought for the Army, Navy, Air Force, Marine Corps, or Space Force, or for a Defense Agency, or otherwise transported by the Department of Defense, may only be transported by sea in—
(1) a vessel belonging to the United States; or
(2) a vessel of the United States (as such term is defined in [section 116 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section116&num=0&edition=prelim)).
**(b) Waiver and Notification.—**
(1) The Secretary of Defense may waive the requirement under subsection (a) if such a vessel is—
(A) not available at a fair and reasonable rate for commercial vessels of the United States; or
(B) otherwise not available.
(2) At least once each fiscal year, the Secretary of Defense shall submit, in writing, to the appropriate congressional committees a notice of any waiver granted under this subsection and the reasons for such waiver.
**(c) Requirements for Reflagging or Repair Work.—**
(1) In each request for proposals to enter into a time-charter contract for the use of a vessel for the transportation of supplies under this section, the Secretary of Defense shall require that—
(A) any reflagging or repair work on a vessel for which a proposal is submitted in response to the request for proposals be performed in the United States (including any territory of the United States); and
(B) any corrective and preventive maintenance or repair work on a vessel under contract pursuant to this section relevant to the purpose of such contract be performed in the United States (including any territory of the United States) for the duration of the contract, to the greatest extent practicable.
(2) The Secretary of Defense may waive a requirement under paragraph (1) if the Secretary determines that such waiver is critical to the national security of the United States. The Secretary shall immediately submit, in writing, to the appropriate congressional committees a notice of any waiver granted under this paragraph and the reasons for such waiver.
(3) In this subsection:
(A) The term “reflagging or repair work” means work performed on a vessel—
(i) to enable the vessel to meet applicable standards to become a vessel of the United States; or
(ii) to convert the vessel to a more useful military configuration.
(B) The term “corrective and preventive maintenance or repair” means—
(i) maintenance or repair actions performed as a result of a failure in order to return or restore equipment to acceptable performance levels; and
(ii) scheduled maintenance or repair actions to prevent or discover functional failures.
**(d) Compliance.—** The Secretary of Defense shall ensure that contracting officers of the Department of Defense award contracts under this section to responsible offerors and monitor and ensure compliance with the requirements of this section. The Secretary shall—
(1) ensure that timely, accurate, and complete information on contractor performance under this section is included in any contractor past performance database used by an executive agency; and
(2) exercise appropriate contractual rights and remedies against contractors who fail to comply with this section, or subchapter I of chapter 553 of title 46, as determined by the Secretary of Transportation under such subchapter, including by—
(A) determining that a contractor is ineligible for an award of such a contract; or
(B) terminating such a contract or suspension or debarment of the contractor for such contract.
**(e) Appropriate Congressional Committees Defined.—** In this section, the term “appropriate congressional committees” means—
(1) the Committees on Armed Services of the Senate and the House of Representatives;
(2) the Committee on Transportation and Infrastructure of the House of Representatives; and
(3) the Committee on Commerce, Science, and Transportation of the Senate.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) When the report of a selection board convened under [section 611(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611/a&num=0&edition=prelim) is approved by the President, the Secretary of the military department concerned shall place the names of all officers approved for promotion within a competitive category on a single list for that competitive category, to be known as a promotion list, in the order of the seniority of such officers on the active-duty list or based on particular merit, as determined by the promotion board. A promotion list is considered to be established under this section as of the date of the approval of the report of the selection board under the preceding sentence.
(2) Except as provided in subsection (d), officers on a promotion list for a competitive category shall be promoted to the next higher grade when additional officers in that grade and competitive category are needed. Promotions shall be made in the order in which the names of officers appear on the promotion list and after officers previously selected for promotion in that competitive category have been promoted. Officers to be promoted to the grade of first lieutenant or lieutenant (junior grade) shall be promoted in accordance with regulations prescribed by the Secretary concerned.
(3)
(A) Except as provided in subsection (d), officers on the active-duty list in the grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) who are on an approved all-fully-qualified-officers list shall be promoted to the next higher grade in accordance with regulations prescribed by the Secretary concerned.
(B) An all-fully-qualified-officers list shall be considered to be approved for purposes of subparagraph (
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 624
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** A documented vessel may not be titled by a State or required to display numbers under chapter 123 of this title, and any certificate of title issued by a State for a documented vessel shall be surrendered as provided by regulations prescribed by the Secretary.
**(b) Vessels Covered by Preferred Mortgage.—** The Secretary may approve the surrender under subsection (a) of a certificate of title for a vessel covered by a preferred mortgage under [section 31322(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31322/d&num=0&edition=prelim) only if the mortgagee consents.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12106
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved—
(1) a military or foreign affairs function of the United States; or
(2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
**(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public rule making proceedings;
(2) reference to the legal authority under which the rule is proposed;
(3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov).
Except when notice or hearing is required by statute, this subsection does not apply—
(A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
**(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 553
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Federal law — U.S. Code and appendices · legal_authorities
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
In this title, the term “vessel of the United States” means a vessel documented under chapter 121 of this title (or exempt from documentation under [section 12102(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12102/c&num=0&edition=prelim)), numbered under chapter 123 of this title, or titled under the law of a State.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 116
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorized Assistance.—**
(1) To the extent provided in defense authorization Acts, funds authorized to be appropriated to the Department of Defense for a fiscal year for humanitarian assistance shall be used for the purpose of providing transportation of humanitarian relief and for other humanitarian purposes worldwide.
(2) The Secretary of Defense may use the authority provided by paragraph (1) to transport supplies intended for use to respond to, or mitigate the effects of, an event or condition, such as an oil spill, that threatens serious harm to the environment, but only if other sources to provide such transportation are not readily available. The Secretary may require reimbursement for costs incurred by the Department of Defense to transport supplies under this paragraph.
**(b) Availability of Funds.—** To the extent provided in appropriation Acts, funds appropriated for humanitarian assistance for the purposes of this section shall remain available until expended.
**(c) Notice Before Provision of Assistance.—**
(1) If the Secretary of Defense uses the authority under subsection (a) to provide assistance for any program or activity in an amount in excess of $5,000,000, the Secretary shall provide to the congressional committees specified in subsection (g) notice in writing of the use of such authority in accordance with paragraph (2). Notice under this subsection shall include an identification of each of the following:
(A) The amount, type, and purpose of assistance to be provided and the recipient of the assistance.
(B) The goals and objectives of the assistance.
(C) The number and role of any members of the Armed Forces involved in the provision of the assistance.
(D) Any other information the Secretary determines is relevant.
(2) Noti
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2561
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Transportation Options.—** The Secretary of Defense shall authorize the officials responsible for operation of commissaries and military exchanges to negotiate directly with private carriers for the most cost-effective transportation of commissary and exchange supplies to destinations outside the continental United States without relying on the Air Mobility Command, the Military Sealift Command, or the Military Traffic Management Command. [Section 2631 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2631&num=0&edition=prelim), regarding the preference for vessels of the United States or belonging to the United States in the transportation of supplies by sea, shall apply to the negotiation of contracts for sea-borne transportation under the authority of this section.
**(b) Payment of Transportation Costs.—** [Section 2483(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2483/b/5&num=0&edition=prelim), regarding the use of appropriated funds to cover the expenses of operating commissary stores, shall apply to the transportation of commissary supplies and products. Appropriated funds for the Department of Defense shall also be used to cover the expenses of transporting exchange supplies and products to destinations outside the continental United States. Such appropriated funds may be supplemented with additional funds derived from improved management practices implemented pursuant to sections 2481(c)(3) and 2487(c) of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2643
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Transportation, in consultation with the Secretary of the department in which the Coast Guard is operating and the Commander of United States Transportation Command, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—
(1) a national maritime strategy; and
(2) not less often than once every five years after the submission of such strategy, an update to the strategy.
**(b) Contents.—** The strategy required under subsection (a) shall include each of the following:
(1) An identification of—
(A) international policies and Federal regulations and policies that reduce the competitiveness of United States-documented vessels with foreign vessels in domestic and international transportation markets; and
(B) the impact of reduced cargo flow due to reductions in the number of members of the United States Armed Forces stationed or deployed outside of the United States.
(2) Recommendations to—
(A) make United States-documented vessels more competitive in shipping routes between United States and foreign ports;
(B) increase the use of United States-documented vessels to carry cargo imported to and exported from the United States;
(C) ensure compliance by Federal agencies with chapter 553;
(D) increase the use of short sea transportation routes, including routes designated under section 55601(b), to enhance intermodal freight movements;
(E) enhance United States shipbuilding capability;
(F) invest in, and identify gaps in, infrastructure needed to facilitate the movement of goods at ports and throughout the transportation system, including innovative physical and information technologies;
(G) enha
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 50114
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Annual Payment.—**
(1) **In general.—** — The Secretary, subject to the availability of appropriations and the other provisions of this section, shall pay to the contractor for an operating agreement, for each vessel that is covered by the operating agreement, an amount equal to—
(A) $5,000,000 for each of fiscal years 2018, 2019, and 2020;
(B) $8,233,463 for fiscal year 2021;
(C) $5,300,000 for each of fiscal years 2022, 2023,,11 So in original. Second comma probably should not appear. and 2024;
(D) $6,500,000 for each of fiscal years 2025 and 2026;
(E) $6,675,500 for each of fiscal years 2027 and 2028;
(F) $6,855,000 for each of fiscal years 2029and 2030;
(G) $7,040,000 for each of fiscal years 2031 and 2032;
(H) $7,230,000 for each of fiscal years 2033 and 2034;
(I) $7,426,000 for each of fiscal years 2035 and 2036;
(J) $7,626,000 for each of fiscal years 2037 and 2038; and
(K) $7,832,000 for each of fiscal years 2039 and 2040.
(2) **Timing.—** — The amount shall be paid in equal monthly installments at the end of each month. The amount shall not be reduced except as provided by this section or section 51307(b).
**(b) Certification Required for Payment.—** As a condition of receiving payment under this section for a fiscal year for a vessel, the contractor for the vessel shall certify, in accordance with regulations issued by the Secretary, that the vessel has been and will be operated in accordance with paragraph (1) and (2) of section 53105(a), as otherwise applicable with respect to such vessel, for at least 320 days in the fiscal year. Days during which the vessel is drydocked, surveyed, inspected, or repaired shall be considered days of operation for purposes of this subsection.
**(c) General Limitations.—** The Secreta
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 53106
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