46 U.S.C. § 55304 — Exports financed by the United States

Page 486 TITLE 46—SHIPPING § 55303 expenses incurred on a foreign vessel in the ab- sence of satisfactory proof of the necessity of using the vessel. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1642.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55302 .......... 46 App.:1241(a). June 29, 1936, ch. 858, title IX, § 901(a), 49 Stat. 2015; Aug. 26, 1954, ch. 936, 68 Stat. 832; Pub. L. 104–316, title I, § 125, Oct. 19, 1996, 110 Stat. 3839. In subsection (a), the words ‘‘by sea’’ are added for clarity. The words ‘‘a territory or possession of the United States’’ are substituted for ‘‘any of the posses- sions of the United States’’ for consistency in the re- vised title. Executive Documents EXEMPTIONS Functions authorized by Foreign Assistance Act of 1961 as exempt, see Ex. Ord. No. 11223, eff. May 12, 1965, 30 F.R. 6635, set out under section 2393 of Title 22, For- eign Relations and Intercourse. § 55303. Motor vehicles owned by United States Government personnel Notwithstanding any other law, privately- owned American shipping services may be used to transport motor vehicles owned by personnel of the United States Government whenever transportation of those vehicles at Government expense is otherwise authorized by law. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1642.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55303 .......... 46 App.:1241(c). June 29, 1936, ch. 858, title IX, § 901(c), as added May 28, 1956, ch. 325, 70 Stat. 187. § 55304. Exports financed by the United States Government It is the sense of Congress that any loans made by an instrumentality of the United States Gov- ernment to foster the exporting of agricultural or other products shall provide that the prod- ucts may be transported only on vessels of the United States unless, as to any or all of those products, the Secretary of Transportation, after investigation, certifies to the instrumentality that vessels of the United States are not avail- able in sufficient number, in sufficient tonnage capacity, on necessary schedules, or at reason- able rates. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1642.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55304 .......... 46 App.:1241–1. Mar. 26, 1934, ch. 90, 48 Stat. 500; June 29, 1936, ch. 858, § 204, 49 Stat. 1987; Pub. L. 97–31, § 12(127), Aug. 6, 1981, 95 Stat. 165. This section codifies the Joint Resolution of March 26, 1934 (ch. 90, 48 Stat. 500) (also commonly known as Public Resolution 17). The codification of this provision is not intended to change its status as a ‘‘Sense of Con- gress’’ provision in any way. The words ‘‘Reconstruc- tion Finance Corporation or’’ are omitted as obsolete because the Reconstruction Finance Corporation was abolished by section 6 of Reorganization Plan No. 1 of 1957 (5 App. U.S.C.). § 55305. Cargoes procured, furnished, or financed by the United States Government (a) MINIMUM TONNAGE.—When the United States Government procures, contracts for, or otherwise obtains for its own account, or fur- nishes to or for the account of a foreign country, organization, or persons without provision for reimbursement, any equipment, materials, or commodities, or provides financing in any way with Federal funds for the account of any per- sons unless otherwise exempted, within or with- out the United States, or advances funds or credits, or guarantees the convertibility of for- eign currencies in connection with the fur- nishing or obtaining of the equipment, mate- rials, or commodities, the appropriate agencies shall take steps necessary and practicable to en- sure that at least 50 percent of the gross tonnage of the equipment, materials, or commodities (computed separately for dry bulk carriers, dry cargo liners, and tankers) which may be trans- ported on ocean vessels is transported on pri- vately-owned commercial vessels of the United States, as provided under subsection (b), to the extent those vessels are available at fair and reasonable rates for commercial vessels of the United States, in a manner that will ensure a fair and reasonable participation of commercial vessels of the United States in those cargoes by geographic areas. (b) ELIGIBLE VESSELS.—To be eligible to carry cargo as provided under subsection (a), a pri- vately-owned commercial vessel shall be docu- mented under the laws of the United States— (1) for not less than three years; or (2) after January 1, 2030, for less than three years, if the vessel owner signs an agreement with the Secretary providing that— (A) the vessel shall remain documented under the laws of the United States for not less than three years; and (B) the vessel owner shall, upon request of the Secretary, agree to enroll the vessel in an emergency preparedness agreement or voluntary agreement authorized under sec- tion 708 of the Defense Production Act of 1950 (50 U.S.C. 4558) and shall ensure the ves- sel remains so enrolled until the vessel ceases to be documented under the laws of the United States. (c) VIOLATION OF AGREEMENT.—A vessel under an agreement executed pursuant to subsection (b)(2) may be seized by, and forfeited to, the United States if, in violation of that agree- ment— (1) the vessel owner places the vessel under foreign registry; or (2) a person operates the vessel under the au- thority of a foreign country. (d) WAIVERS.—(1) Notwithstanding any other provision of law, when the President, the Sec- retary of Defense, or the Secretary of Transpor- tation declares the existence of an emergency