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46 U.S.C. § 57522 — Books and records, balance sheets, and inspection and auditing

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 57522 — Books and records, balance sheets, and inspection and auditing

Every contract executed by the Secretary of Transportation under this chapter shall contain provisions requiring (1) that, the contractor and every affiliate, domestic agent, subsidiary, or holding company connected with, or directly or indirectly controlling or controlled by, the contractor, to keep its books, records, and accounts, relating to the maintenance, operation, and servicing of the vessels, services, routes, and lines covered by the contract, in such form and under such regulations as may be prescribed by the Secretary of Transportation; (2) that the contractor and every affiliate, domestic agent, subsidiary, or holding company connected with, or directly or indirectly controlling or controlled by, the contractor, to file, upon notice from the Secretary of Transportation, balance sheets, profit and loss statements, and such other statements of financial operations, special report, memoranda of any facts and transactions, which in the opinion of the Secretary of Transportation affect the financial results in, the performance of, or transactions or operations under, such contract; (3) that the Secretary of Transportation shall be authorized to examine and audit the books, records, and accounts of all persons referred to in this section whenever he may deem it necessary or desirable; and (4) that upon the willful failure or refusal of any person described in this section to comply with the contract provisions required by this section, the Secretary of Transportation shall have the right to rescind the contract, and upon such rescission, the United States shall be relieved of all further liability on such contract.

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Source file: Laws/federal/codes/united-states-code/title-46/section-57522-books-and-records-balance-sheets-and-inspection-and-auditing--7720421cc1.md
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Source location: Title 46, Chapter 575, § 57522; chapter-575-construction-charter-and-sale-of-vessels.md

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 53101 — Definitions

In this chapter: (1) **Bulk cargo.—** — The term “bulk cargo” means cargo that is loaded and carried in bulk without mark or count. (2) **Contractor.—** — The term “contractor” means an owner or operator of a vessel that enters into an operating agreement for the vessel with the Secretary under section 53103. (3) **Fleet.—** — The term “Fleet” means the Maritime Security Fleet established under section 53102(a). (4) **Foreign commerce.—** — The term “foreign commerce” means— (A) commerce or trade between the United States, its territories or possessions, or the District of Columbia, and a foreign country; and (B) commerce or trade between foreign countries. (5) **Participating fleet vessel.—** — The term “participating fleet vessel” means any vessel that— (A) on October 1, 2015— (i) meets the requirements of paragraph (1), (2), (3), or (4) of section 53102(c); and (ii) is less than 20 years of age if the vessel is a tank vessel, or is less than 25 years of age for all other vessel types; and (B) on December 31, 2014, is covered by an operating agreement under this chapter. (6) **Person.—** — The term “person” includes corporations, partnerships, and associations existing under or authorized by the laws of the United States, or any State, Territory, District, or possession thereof, or of any foreign country. (7) **Product tank vessel.—** — The term “product tank vessel” means a double hulled tank vessel capable of carrying simultaneously more than 2 separated grades of refined petroleum products. (8) **Secretary.—** — The term “Secretary” means the Secretary of Transportation. (9) **Tank vessel.—** — The term “tank vessel” has the meaning that term has under [section 2101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9111 — Congressional declaration of policy

**(a)** It is declared to be the purposes of the Congress in this chapter to— (1) authorize and regulate the construction, location, ownership, and operation of ocean thermal energy conversion facilities connected to the United States by pipeline or cable, or located in whole or in part between the highwater mark and the seaward boundary of the territorial sea of the United States consistent with the Convention on the High Seas, and general principles of international law; (2) authorize and regulate the construction, location, ownership, and operation of ocean thermal energy conversion plantships documented under the laws of the United States, consistent with the Convention on the High Seas and general principles of international law; (3) authorize and regulate the construction, location, ownership, and operation of ocean thermal energy conversion plantships by United States citizens, consistent with the Convention on the High Seas and general principles of international law; (4) establish a legal regime which will permit and encourage the development of ocean thermal energy conversion as a commercial energy technology; (5) provide for the protection of the marine and coastal environment, and consideration of the interests of ocean users, to prevent or minimize any adverse impact which might occur as a consequence of the development of such ocean thermal energy conversion facilities or plantships; (6) make applicable certain provisions of the Merchant Marine Act, 1936 ([46 U.S.C. 1177](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section1177&num=0&edition=prelim) et seq.) 11 See References in Text note below. to assist in financing of ocean thermal energy conversion facilities and plantships; (7) protect the interests of the United States

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9152 — Determinations under Merchant Marine Act, 1936

**(a)** (1) For the purposes of chapter 535 of title 46, any ocean thermal energy conversion facility or plantship licensed pursuant to this chapter, and any vessel providing shipping service to or from such an ocean thermal energy conversion facility or plantship, shall be deemed to be a vessel operated in the foreign commerce of the United States. (2) The provisions of paragraph (1) of this subsection shall apply for taxable years beginning after December 31, 1981. **(b)** For the purposes of the Merchant Marine Act, 1936 ([46 U.S.C. 1177](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section1177&num=0&edition=prelim) et seq.),11 See References in Text note below. any vessel documented under the laws of the United States and used in providing shipping service to or from any ocean thermal energy conversion facility or plantship licensed pursuant to the provisions of this chapter shall be deemed to be used in, and used in an essential service in, the foreign commerce or foreign trade of the United States, as defined in [section 109 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section109&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9152

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 56101 — Approval required to transfer vessel to noncitizen

**(a) Restrictions.—** (1) **In General.—** — Except as otherwise provided in this section, [section 12119 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12119&num=0&edition=prelim), or section 611 of the Merchant Marine Act, 1936, a person may not, without the approval of the Secretary of Transportation— (A) sell, lease, charter, deliver, or in any other manner transfer, or agree to sell, lease, charter, deliver, or in any other manner transfer, to a person not a citizen of the United States, an interest in or control of— (i) a documented vessel owned by a citizen of the United States; or (ii) a vessel last documented under the laws of the United States; or (B) place under foreign registry, or operate under the authority of a foreign country, a documented vessel or a vessel last documented under the laws of the United States. (2) **Exceptions.—** — Paragraph (1)(A) does not apply to a vessel that has been operated only for pleasure or only as a fishing vessel, fish processing vessel, or fish tender vessel (as defined in [section 2101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section2101&num=0&edition=prelim)). **(b) Approval Before Documentation.—** To promote financing with respect to a vessel to be documented under chapter 121 of this title, the Secretary may grant approval under subsection (a) before the vessel is documented. **(c) Exceptions.—** Notwithstanding any other provision of this subtitle, the Merchant Marine Act, 1936, or any contract with the Secretary made under this subtitle or that Act, a person may place a vessel under foreign registry without the approval of the Secretary if— (1) (A) the Secretary, in conjunction with the Secretary of Defens

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 57506 — Minimum selling price of vessels

**(a) In General.—** A vessel constructed under this subtitle or the Merchant Marine Act, 1936, may not be sold by the Secretary of Transportation for less than the price specified in this section. **(b) Operation in Foreign Trade.—** If the vessel is to be operated in foreign trade, the minimum price is the estimated foreign construction cost (exclusive of national defense features) determined as of the date the construction contract is executed, less depreciation under subsection (d). **(c) Operation in Domestic Trade.—** If the vessel is to be operated in domestic trade, the minimum price is the cost of construction in the United States (exclusive of national defense features), less depreciation under subsection (d). **(d) Depreciation.—** Depreciation under subsections (b) and (c) shall be based on— (1) a 25-year life for dry-cargo and passenger vessels; and (2) a 20-year life for tankers and other bulk liquid carrier vessels.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 57513 — Minimum bid

The Secretary of Transportation shall reject any bid for the charter under this subchapter of a vessel constructed under this subtitle or the Merchant Marine Act, 1936, if the charter hire offered is lower than the minimum charter hire would be if the vessel were chartered under [section 57531 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section57531&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 57522 — Books and records, balance sheets, and

Page 522 TITLE 46—SHIPPING § 57522 § 57522. Books and records, balance sheets, and inspection and auditing Every contract executed by the Secretary of Transportation under this chapter shall contain provisions requiring (1) that, the contractor and every affiliate, domestic agent, subsidiary, or holding company connected with, or directly or indirectly controlling or controlled by, the con- tractor, to keep its books, records, and ac- counts, relating to the maintenance, operation, and servicing of the vessels, services, routes, and lines covered by the contract, in such form and under such regulations as may be prescribed by the Secretary of Transportation; (2) that the contractor and every affiliate, domestic agent, subsidiary, or holding company connected with, or directly or indirectly controlling or con- trolled by, the contractor, to file, upon notice from the Secretary of Transportation, balance sheets, profit and loss statements, and such other statements of financial operations, special report, memoranda of any facts and trans- actions, which in the opinion of the Secretary of Transportation affect the financial results in, the performance of, or transactions or oper- ations under, such contract; (3) that the Sec- retary of Transportation shall be authorized to examine and audit the books, records, and ac- counts of all persons referred to in this section whenever he may deem it necessary or desirable; and (4) that upon the willful failure or refusal of any person described in this section to comply with the contract provisions required by this section, the Secretary of Transportation shall have the right to rescind the contract, and upon such rescission, the United States shall be re- lieved of all further liability on such contract

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