46 U.S.C. § 55311 — Findings and purposes

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.