§55305. Cargoes procured, furnished, or financed by the United States Government
(a) Definition.-In this section, the term "privately-owned commercial vessel of the United States" does not include a vessel that, after September 21, 1961, was built or rebuilt outside the United States or documented under the laws of a foreign country, until the vessel has been documented under the laws of the United States for at least 3 years.
(b) Minimum Tonnage.-When the United States Government procures, contracts for, or otherwise obtains for its own account, or furnishes to or for the account of a foreign country without provision for reimbursement, any equipment, materials, or commodities, within or without the United States, or advances funds or credits, or guarantees the convertibility of foreign currencies in connection with the furnishing of the equipment, materials, or commodities, the appropriate agencies shall take steps necessary and practicable to ensure 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 transported on ocean vessels is transported on privately-owned commercial vessels of the United States, 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.
(c) Waivers.-The President, the Secretary of Defense, or Congress (by concurrent resolution or otherwise) may waive this section temporarily by-
(1) declaring the existence of an emergency justifying a waiver; and
(2) notifying the appropriate agencies of the waiver.
(d) Programs of Other Agencies.-An agency having responsibility under this section shall administer its programs with respect to this section under regulations prescribed by the Secretary of Transportation. The Secretary shall review the administration of those programs and report annually to Congress on their administration.
(
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) |
| 55305(a) |
46 App.:1241(b)(1) (2d, last provisos). |
June 29, 1936, ch. 858, title IX, §901(b), as added Aug. 26, 1954, ch. 936, 68 Stat. 832
;
Pub. L. 87–266, Sept. 21, 1961, 75 Stat. 565
;
Pub. L. 91–469, §27, Oct. 21, 1970, 84 Stat. 1034
;
Pub. L. 97–31, §12(126), Aug. 6, 1981, 95 Stat. 165
. |
| 55305(b) |
46 App.:1241(b)(1) (words before 1st proviso). |
|
| 55305(c) |
46 App.:1241(b)(1) (1st proviso). |
|
| 55305(d) |
46 App.:1241(b)(2). |
|
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), the words "the provisions of this subsection shall not apply to cargoes carried in the vessels of the Panama Canal Company" are omitted as obsolete. The words "Nothing herein shall repeal or otherwise modify the provisions of section 1241–1 of this Appendix" are omitted as unnecessary. The last proviso in 46 App. U.S.C. 1241(b)(1) is omitted as obsolete.