46 U.S.C. § 55313 — Exemption of certain agricultural ex-

Page 489 TITLE 46—SHIPPING § 55313 days after the date of the enactment of this Act [Dec. 23, 2022], the Administrator of the Maritime Adminis- tration shall issue a final rule to implement and en- force section 55305(d) of title 46, United States Code.’’ SUBCHAPTER II—EXPORT TRANSPOR- TATION OF AGRICULTURAL COMMOD- ITIES § 55311. Findings and purposes (a) FINDINGS.—Congress finds that— (1) a productive and healthy agricultural in- dustry and a strong and active United States maritime industry are vitally important to the economic well-being and security of the United States; (2) both industries must compete in inter- national markets increasingly dominated by foreign trade barriers and the subsidization practices of foreign governments; and (3) increased agricultural exports and the use of merchant vessels of the United States contribute positively to the United States bal- ance of trade and generate employment oppor- tunities in the United States. (b) PURPOSES.—The purposes of this sub- chapter are to— (1) enable the Secretary of Agriculture to plan export programs effectively, by clarifying the ocean transportation requirements appli- cable to those programs; (2) take immediate and positive steps to pro- mote the growth of the cargo-carrying capac- ity of the United States merchant marine; (3) expand international trade in United States agricultural commodities and products and develop, maintain, and expand markets for United States agricultural exports; (4) improve the efficiency of administration of both the commodity purchasing and selling activities and the ocean transportation activi- ties associated with export programs spon- sored by the Secretary; (5) stimulate and promote the agricultural and maritime industries of the United States and encourage cooperative efforts by both in- dustries to address their common problems; and (6) provide for the appropriate disposition of these findings and purposes. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1643.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55311 .......... 46 App.:1241d. Pub. L. 99–198, title XI, § 1141, Dec. 23, 1985, 99 Stat. 1490. In subsection (a)(1), the word ‘‘security’’ is sub- stituted for ‘‘national security objectives’’ to eliminate unnecessary words. In subsection (b), the words ‘‘Secretary of Agri- culture’’ in paragraph (1) and ‘‘Secretary’’ in paragraph (4) are substituted for ‘‘Department of Agriculture’’ be- cause all functions of the Department are vested in the Secretary under 7 U.S.C. 2202 and 6911 and Reorganiza- tion Plan No. 2 of 1953 (5 App. U.S.C.). § 55312. Determining prevailing world market price (a) AGRICULTURAL COMMODITIES AND PROD- UCTS.—The prevailing world market price for ag- ricultural commodities or their products shall be determined under this subchapter under pro- cedures prescribed by the Secretary of Agri- culture. The Secretary shall prescribe the proce- dures by regulation, with notice and oppor- tunity for public comment under section 553 of title 5. (b) SERVICES AND NON-AGRICULTURAL COMMOD- ITIES AND PRODUCTS.—If a determination of the prevailing world market price of any other type of materials, goods, equipment, or service is re- quired to determine whether a barter or ex- change transaction is subject to section 55314(b)(6) or (7) of this title, the determination shall be made by the Secretary of Agriculture in consultation with the heads of other appropriate agencies. (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) 55312 .......... 46 App.:1241f(e). June 29, 1936, ch. 858, title IX, § 901b(e), as added Pub. L. 99–198, title XI, § 1142, Dec. 23, 1985, 99 Stat. 1492. § 55313. Exemption of certain agricultural ex- ports from cargo preference provisions Sections 55304 and 55305 of this title do not apply to export activities of the Secretary of Agriculture or the Commodity Credit Corpora- tion under which— (1) agricultural commodities or their prod- ucts acquired by the Corporation are made available to United States exporters, users, processors, or foreign purchasers for the pur- pose of developing, maintaining, or expanding export markets for United States agricultural commodities or their products at prevailing world market prices; (2) payments are made available to United States exporters, users, or processors or, ex- cept as provided in section 55314 of this title, cash grants are made available to foreign pur- chasers, for the purpose described in para- graph (1); (3) commercial credit guarantees are blended with direct credits from the Corporation to re- duce the effective rate of interest on export sales of United States agricultural commod- ities or their products; (4) credit or credit guarantees for not more than 3 years are extended by the Corporation to finance or guarantee export sales of United States agricultural commodities or their prod- ucts; or (5) agricultural commodities or their prod- ucts owned or controlled by or under loan from the Corporation are exchanged or bartered for materials, goods, equipment, or services at least equal in value to the agricul- tural commodities or their products for which they are exchanged or bartered (determined on the basis of prevailing world market prices at the time of the exchange or barter), but this paragraph does not exempt from the cargo preference provisions referred to in section 55314(b) of this title any requirement other- wise applicable to the materials, goods, equip- ment, or services imported under the trans- action. 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’’.