46 U.S.C. § 55314 — Transportation requirements for certain

Page 490 TITLE 46—SHIPPING § 55314 (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1644.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55313 .......... 46 App.:1241e. June 29, 1936, ch. 858, title IX, § 901a, as added Pub. L. 99–198, title XI, § 1142, Dec. 23, 1985, 99 Stat. 1490. § 55314. Transportation requirements for certain exports sponsored by the Secretary of Agri- culture [(a) Repealed. Pub. L. 112–141, div. F, title I, § 100124(a)(1), July 6, 2012, 126 Stat. 915.] (b) APPLICABLE EXPORT ACTIVITY.—The activi- ties specified in this subsection are export ac- tivities (except inspection or weighing activi- ties, 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 et seq.); (2) carried out under section 416 of the Agri- cultural Act of 1949 (7 U.S.C. 1431); (3) carried out under the Bill Emerson Hu- manitarian Trust Act (7 U.S.C. 1736f–1); (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 dol- lars on credit terms of more than 10 years; (5) under which agricultural commodities or their products are made available for emer- gency 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 pur- chaser to enable the purchaser to obtain United States agricultural commodities or their products in an amount greater than the difference between the prevailing world mar- ket price and the United States market price, free along side vessel at a United States port; or (7) under which agricultural commodities owned or controlled by or under loan from the Corporation are exchanged or bartered for ma- terials, goods, equipment, or services produced in foreign countries, except export activities described in section 55313(5) of this title. [(c) Repealed. Pub. L. 112–141, div. F, title I, § 100124(a)(1), July 6, 2012, 126 Stat. 915.] (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1645; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(Y), June 18, 2008, 122 Stat. 1820, 1821; Pub. L. 110–417, div. C, title XXXV, § 3511(d), Oct. 14, 2008, 122 Stat. 4770; Pub. L. 111–84, div. A, title X, § 1073(c)(15), Oct. 28, 2009, 123 Stat. 2475; Pub. L. 112–141, div. F, title I, § 100124(a), July 6, 2012, 126 Stat. 915.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55314(a)(1) .. 46 App.:1241f(a). June 29, 1936, ch. 858, title IX, § 901b(a)–(d), as added Pub. L. 99–198, title XI, § 1142, Dec. 23, 1985, 99 Stat. 1491; Pub. L. 101–624, title XV, § 1525, Nov. 28, 1990, 104 Stat. 3667; Pub. L. 104–239, § 17, Oct. 8, 1996, 110 Stat. 3138; Pub. L. 108–136, title XXXV, § 3514, Nov. 24, 2003, 117 Stat. 1792. 46 App.:1241o. June 29, 1936, ch. 858, title IX, § 901k, as added Pub. L. 99–198, title XI, § 1142, Dec. 23, 1985, 99 Stat. 1496. 55314(a)(2) .. 46 App.:1241f(c)(2). 55314(b) ...... 46 App.:1241f(b), (d). 55314(c) ...... 46 App.:1241f(c)(1), (3), (4). In this section, the words ‘‘commercial vessels of the United States’’ are substituted for ‘‘United States-flag commercial vessels’’ for consistency in the revised title. In subsection (a)(1), before subparagraph (A), the text of 46 App. U.S.C. 1241f(a)(2)(A) and (B) is omitted as ob- solete. Subparagraphs (A) and (B) are substituted for 46 App. U.S.C. 1241o to improve the organization and to eliminate unnecessary words. In subsection (a)(2), the words ‘‘the 12-month period beginning October 1 of each year’’ are substituted for ‘‘12 month periods commencing April 1, 1986, the 18- month period beginning April 1, 2002, and the 12-month period beginning October 1, 2003, and each year there- after’’ to eliminate obsolete and unnecessary language. In subsection (c)(4), before subparagraph (A), the words ‘‘or instrumentality’’ are omitted as unnecessary because of the definition of ‘‘agency’’ in chapter 1. Editorial Notes REFERENCES IN TEXT The Food for Peace Act, referred to in subsec. (b)(1), is act July 10, 1954, ch. 469, 68 Stat. 454, which is classi- fied generally to chapter 41 (§ 1691 et seq.) of Title 7, Ag- riculture. Title II of the Act is classified generally to subchapter III (§ 1721 et seq.) of chapter 41 of Title 7. For complete classification of this Act to the Code, see Short Title note set out under section 1691 of Title 7 and Tables. AMENDMENTS 2012—Subsec. (a). Pub. L. 112–141, § 100124(a)(1), struck out subsec. (a), which related to minimum tonnage of agricultural commodities and their products. Subsec. (b). Pub. L. 112–141, § 100124(a)(2), substituted ‘‘The activities specified in this subsection are export activities’’ for ‘‘This section applies to export activity’’ in introductory provisions. Subsec. (c). Pub. L. 112–141, § 100124(a)(1), struck out subsec. (c), which related to additional requirements for this section and section 55305 of this title. 2009—Subsec. (a). Pub. L. 111–84 amended directory language of Pub. L. 110–417, § 3511(d). See 2008 Amend- ment notes below. 2008—Subsec. (a). Pub. L. 110–417, § 3511(d), as amended by Pub. L. 111–84, substituted ‘‘fiscal’’ for ‘‘calendar’’ in two places in text. Subsec. (a)(2). Pub. L. 110–417, § 3511(d), as amended by Pub. L. 111–84, which directed substitution of ‘‘FISCAL’’ for ‘‘CALENDAR’’ in heading, was executed by sub- stituting ‘‘FISCAL’’ for ‘‘CALENDAR’’ to reflect the prob- able intent of Congress. Subsecs. (b)(1), (c)(2). Pub. L. 110–246 substituted ‘‘Food for Peace Act’’ for ‘‘Agricultural Trade Develop- ment and Assistance Act of 1954’’. Page 491 TITLE 46—SHIPPING § 55332 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111–84, div. A, title X, § 1073(c), Oct. 28, 2009, 123 Stat. 2474, provided that the amendment made by section 1073(c)(15) is effective as of Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted. EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effec- tive Date note under section 8701 of Title 7, Agri- culture. § 55315. Minimum tonnage (a) DEFINITION.—In this section, the term ‘‘base period’’ means the 5-year period running from the sixth through the second prior fiscal years. (b) REQUIREMENT.—For each fiscal year, the minimum quantity of agricultural commodities to be exported under programs specified in sec- tion 55314(b) of this title is the average of the tonnage exported under those programs during the base period, discarding the high and low years. (c) WAIVERS.—The President may waive the minimum quantity for a fiscal year under this section if the President determines and reports to Congress, together with reasons, that the quantity cannot be used effectively for the pur- poses of those programs or, based on a certifi- cation by the Secretary of Agriculture, that the commodities are not available for reasons that include the unavailability of funds. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1646; Pub. L. 112–141, div. F, title I, § 100124(c)(1), July 6, 2012, 126 Stat. 915.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55315 .......... 46 App.:1241g. June 29, 1936, ch. 858, title IX, § 901c, as added Pub. L. 99–198, title XI, § 1142, Dec. 23, 1985, 99 Stat. 1493. In subsection (b), the words ‘‘For fiscal year 1986 and’’ are omitted as obsolete. Editorial Notes AMENDMENTS 2012—Subsec. (b). Pub. L. 112–141 substituted ‘‘speci- fied in section 55314(b)’’ for ‘‘subject to section 55314’’. [§§ 55316, 55317. Repealed. Pub. L. 113–67, div. A, title VI, § 602(a), Dec. 26, 2013, 127 Stat. 1188] Section 55316, Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1647; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(Y), June 18, 2008, 122 Stat. 1820, 1821; Pub. L. 112–141, div. F, title I, § 100124(b), (c)(2), July 6, 2012, 126 Stat. 915, re- lated to financing the transportation of agricultural commodities. Section 55317, Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1648; Pub. L. 112–141, div. F, title I, § 100124(c)(3), July 6, 2012, 126 Stat. 915, provided for the termination of this subchapter 90 days after the notification under section 55316(f) of this title is made, subject to certain exceptions. § 55318. Effect on other law This subchapter does not affect chapter 5 of title 5. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1648.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55318 .......... 46 App.:1241p. Pub. L. 99–198, title XI, § 1143, Dec. 23, 1985, 99 Stat. 1496. The words ‘‘section 1707a(b)(8) of title 7’’ are omitted because the provision referred to has been repealed. SUBCHAPTER III—AMERICAN GREAT LAKES VESSELS § 55331. Definitions In this subchapter: (1) AMERICAN GREAT LAKES VESSEL.—The term ‘‘American Great Lakes vessel’’ means a vessel so designated under section 55332 of this title, but only during the period the designa- tion is in effect. (2) GREAT LAKES.—The term ‘‘Great Lakes’’ means Lake Superior, Lake Michigan, Lake Huron, Lake Erie, Lake Ontario, the Saint Lawrence River west of Saint Regis, New York, and their connecting and tributary wa- ters. (3) GREAT LAKES SHIPPING SEASON.—The term ‘‘Great Lakes shipping season’’ means the pe- riod each year during which the Saint Law- rence Seaway is open for navigation by ves- sels, as declared by the Great Lakes St. Law- rence Seaway Development Corporation. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1648; Pub. L. 116–260, div. AA, title V, § 512(c)(6)(E), Dec. 27, 2020, 134 Stat. 2757.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55331 .......... 46 App.:1241v. Pub. L. 101–624, title XV, § 1527, Nov. 28, 1990, 104 Stat. 3668. In paragraph (1), the words ‘‘but only during the pe- riod the designation is in effect’’ are added for clarity. In paragraph (3), the words ‘‘created by the Act of May 13, 1954 (33 U.S.C. 981 et seq.)’’ are omitted as un- necessary. The definition of ‘‘Secretary’’ in 46 App. U.S.C. 1241v(4) is omitted as unnecessary because the full title of the Secretary of Transportation is used the first time the Secretary is referred to in each section. Editorial Notes AMENDMENTS 2020—Par. (3). Pub. L. 116–260 substituted ‘‘Great Lakes St. Lawrence Seaway Development Corporation’’ for ‘‘Saint Lawrence Seaway Development Corpora- tion’’. § 55332. Designating American Great Lakes ves- sels (a) DESIGNATIONS.—The Secretary of Transpor- tation shall designate a vessel as an American Great Lakes vessel if— (1) an application for designation is sub- mitted to the Secretary under regulations pre- scribed by the Secretary; (2) the vessel is documented under the laws of the United States;