**(a) 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, 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 persons unless otherwise exempted, within or without the United States, or advances funds or credits, or guarantees the convertibility of foreign currencies in connection with the furnishing or obtaining 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, 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 privately-owned commercial vessel shall be documented 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, agre
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Stable record: federal_law:legal_authorities:record_usc_2b2f459eb39be17cb868fefd Source file: Laws/federal/codes/united-states-code/title-46/section-55305-cargoes-procured-furnished-or-financed-by-the-united-states-government--5550d879a2.md Pages: Not recorded – Not recorded Passage SHA-256: 94ce23ad125395f493a995820800587f5c81aa84ec85b4b9e63de2dadb5a18ff Retained source evidence SHA-256: 002846f223ef7772da390ffb2d4266010cf3f10e33d8e4c92cac0dd57c0ad578
Source location: Title 46, Chapter 553, § 55305; chapter-553-passenger-and-cargo-preferences.md
Stored source content
**(a) 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, 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 persons unless otherwise exempted, within or without the United States, or advances funds or credits, or guarantees the convertibility of foreign currencies in connection with the furnishing or obtaining 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, 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 privately-owned commercial vessel shall be documented 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 section 708 of the Defense Production Act of 1950 ([50 U.S.C. 4558](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4558&num=0&edition=prelim)) and shall ensure the vessel 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 agreement—
(1) the vessel owner places the vessel under foreign registry; or
(2) a person operates the vessel under the authority of a foreign country.
**(d) Waivers.—**
(1) Notwithstanding any other provision of law, when the President, the Secretary of Defense, or the Secretary of Transportation declares the existence of an emergency justifying a temporary waiver of this section or [section 55314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55314&num=0&edition=prelim), the President, the Secretary of Defense, or the Secretary of Transportation, following a determination by the Maritime Administrator, acting in the Administrator’s capacity as Director, National Shipping Authority, of the non-availability of qualified United States flag capacity at fair and reasonable rates for commercial vessels of the United States to meet the requirements of this section or [section 55314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55314&num=0&edition=prelim), may waive compliance with such section to the extent, in the manner, and on the terms the Maritime Administrator, acting in such capacity, prescribes, and no other waivers of the requirements of this section or [section 55314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55314&num=0&edition=prelim) shall be authorized.
(2)
(A) Subject to subparagraphs (B) and (C), a waiver issued under this subsection shall be for a period of not more than 60 days.
(B) Upon termination of the period of a waiver issued under this subsection, the Maritime Administrator may extend the waiver for an additional period of not more than 30 days, if the Maritime Administrator makes the determinations described in paragraph (1).
(C) The aggregate duration of the period of all waivers and extensions of waivers under this subsection with respect to any one set of events shall not exceed three months in a fiscal year.
(3) The Maritime Administrator shall—
(A) for each determination referred to in paragraph (1), identify any actions that could be taken to enable qualified United States flag capacity to meet the requirements of this section or section 55314 at fair and reasonable rates for commercial vessels of the United States;
(B) provide notice of each determination referred to in paragraph (1) to the Secretary of Transportation and, as applicable, the President or the Secretary of Defense; and
(C) publish each determination referred to in paragraph (1)—
(i) on the website of the Maritime Administration not later than 24 hours after notice of the determination is provided to the Secretary of Transportation; and
(ii) in the Federal Register.
(4) The Maritime Administrator shall notify—
(A) the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of—
(i) any request for a waiver (or an extension thereof) made by the Secretary of Transportation of this section or section 55314(a) 11 See References in Text note below. of this title by not later than 72 hours after receiving such a request; and
(ii) the issuance of any such waiver (or an extension thereof), and why such waiver or extension was necessary, by not later than 72 hours after such issuance; and
(B) the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate and the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives of—
(i) any request for a waiver (or an extension thereof) made by the Secretary of Defense of this section or section 55314(a) 1 of this title by not later than 72 hours after receiving such a request; and
(ii) the issuance of any such waiver (or an extension thereof), and why such waiver or extension was necessary, by not later than 72 hours after such issuance.
**(e) Programs of Other Agencies.—**
(1) Each department or agency that has responsibility for a program under this section shall administer that program with respect to this section under regulations and guidance issued by the Secretary of Transportation. The Secretary, after consulting with the department or agency or organization or person involved, shall have the sole responsibility for determining if a program is subject to the requirements of this section.
(2) The Secretary—
(A) shall conduct an annual review of the administration of programs determined pursuant to paragraph (1) as subject to the requirements of this section and annually submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the administration of such programs;
(B) may direct agencies to require the transportation on United States-flagged vessels of cargo shipments not otherwise subject to this section in equivalent amounts to cargo determined to have been shipped on foreign carriers in violation of this section;
(C) may impose on any person that violates this section, or a regulation prescribed under this section, a civil penalty of not more than $25,000 for each violation willfully and knowingly committed, with each day of a continuing violation following the date of shipment to be a separate violation; and
(D) may take other measures as appropriate under the Federal Acquisition Regulations issued pursuant to section 25(c)(1) 1 of the Office of Federal Procurement Policy Act ([41 U.S.C. 1303(a)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1303/a/1&num=0&edition=prelim)) or contract with respect to each violation.
**(f) Security of Government-Impelled Cargo.—**
(1) In order to ensure the safety of vessels and crewmembers transporting equipment, materials, or commodities under this section, the Secretary of Transportation shall direct each department or agency (except the Department of Defense), when responsible for the carriage of such equipment, materials, or commodities, to reimburse, subject to the availability of appropriations, the owners or operators of vessels of the United States carrying such equipment, materials, or commodities for the cost of providing armed personnel aboard such vessels if the vessels are transiting high-risk waters.
(2) In this subsection, the term “high-risk waters” means waters so designated by the Commandant of the Coast Guard in the maritime security directive issued by the Commandant and in effect on the date on which an applicable voyage begins, if the Secretary of Transportation—
(A) determines that an act of piracy occurred in the 12-month period preceding the date the voyage begins; or
(B) in such period, issued an advisory warning that an act of piracy is possible in such waters.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Functions.—**
(1) **Issue and maintain federal acquisition regulation.—** — Subject to sections 1121, 1122(a) to (c)(1), 1125, 1126, 1130, 1131, and 2305 of this title, the Administrator of General Services, the Secretary of Defense, and the Administrator of National Aeronautics and Space, pursuant to their respective authorities under division C of this subtitle, chapter 4 of title 10, chapter 137 legacy provisions (as such term is defined in [section 3016 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3016&num=0&edition=prelim)), and the National Aeronautics and Space Act of 1958 ([42 U.S.C. 2451](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2451&num=0&edition=prelim) et seq.),11 See References in Text note below. shall jointly issue and maintain in accordance with subsection (d) a single Government-wide procurement regulation, to be known as the Federal Acquisition Regulation.
(2) **Limitation on other regulations.—** — Other regulations relating to procurement issued by an executive agency shall be limited to—
(A) regulations essential to implement Government-wide policies and procedures within the agency; and
(B) additional policies and procedures required to satisfy the specific and unique needs of the agency.
(3) **Ensure consistent regulations.—** — The Administrator, in consultation with the Council, shall ensure that procurement regulations prescribed by executive agencies are consistent with the Federal Acquisition Regulation and in accordance with the policies prescribed pursuant to [section 1121(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1121/b&num=0&edition=prelim).
(4) **Request to review regulation.—**
(A) *Basis
Stored review status: release_metadata_unconfirmed. The source passage cites 41 U.S.C. § 1303. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1303. Functions and authority
(a) FUNCTIONS.—
(1) ISSUE AND MAINTAIN FEDERAL ACQUISITION
REGULATION.—Subject to sections 1121, 1122(a)
to (c)(1), 1125, 1126, 1130, 1131, and 2305 of this
title, the Administrator of General Services,
the Secretary of Defense, and the Adminis-
trator of National Aeronautics and Space, pur-
suant to their respective authorities under di-
vision C of this subtitle, chapter 4 of title 10,
chapter 137 legacy provisions (as such term is
defined in section 3016 of title 10), and the Na-
tional Aeronautics and Space Act of 1958 (42
U.S.C. 2451 et seq.),1 shall jointly issue and
maintain in accordance with subsection (d) a
single Government-wide procurement regula-
tion, to be known as the Federal Acquisition
Regulation.
(2) LIMITATION
ON
OTHER
REGULATIONS.—
Other regulations relating to procurement
issued by an executive agency shall be limited
to—
(A) regulations essential to implement
Government-wide policies and procedures
within the agency; and
(B) additional policies and procedures re-
quired to satisfy the specific and unique
needs of the agency.
(3) ENSURE
CONSISTENT
REGULATIONS.—The
Administrator, in consultation with the Coun-
cil, shall ensure that procurement regulations
prescribed by executive agencies are con-
sistent with the Federal Acquisition Regula-
Page 24
TITLE 41—PUBLIC CONTRACTS
§ 1303
tion and in accordance with the policies pre-
scribed pursuant to section 1121(b) of this title.
(4) REQUEST TO REVIEW REGULATION.—
(A) BASIS FOR REQUEST.—Under procedures
the Administrator establishes, a person may
request the Administrator to review a regu-
lation relating to procurement on the basis
that the regulation is inconsistent with the
Federal Acquisition Regulation.
(B) PERIOD OF REVIEW.—Unless the re
Stored review status: historical_2024_not_currentness_verified. The source passage cites 41 U.S.C. § 1303. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 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 t
**(a)** Whenever in the judgment of the President any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this chapter, he may make application to the appropriate court for an order enjoining such acts or practices, or for an order enforcing compliance with such provision, and upon a showing by the President that such person has engaged or is about to engage in any such acts or practices a permanent or temporary injunction, restraining order, or other order, with or without such injunction or restraining order, shall be granted without bond.
**(b)** The district courts of the United States and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have jurisdiction of violations of this chapter or any rule, regulation, order, or subpena thereunder, and of all civil actions under this chapter to enforce any liability or duty created by, or to enjoin any violation of, this chapter or any rule, regulation, order, or subpena thereunder. Any criminal proceeding on account of any such violation may be brought in any district in which any act, failure to act, or transaction constituting the violation occurred. Any such civil action may be brought in any such district or in the district in which the defendant resides or transacts business. Process in such cases, criminal or civil, may be served in any district wherein the defendant resides or transacts business or wherever the defendant may be found; the subpena for witnesses who are required to attend a court in any district in such case may run into any other district. The termination of the authority granted in any subchapter or section of this chapter, or of any rule, regulation, or ord
Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 4558. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 4558. Voluntary agreements and plans of action
for preparedness programs and expansion of
production capacity and supply
(a) Immunity from civil and criminal liability or
defense to action under antitrust laws; ex-
ceptions
Except as specifically provided in subsection
(j) of this section, no provision of this chapter
shall be deemed to convey to any person any im-
munity from civil or criminal liability, or to
create defenses to actions, under the antitrust
laws.
(b) Definitions
For purposes of this chapter—
(1) Antitrust laws
The term ‘‘antitrust laws’’ has the meaning
given to such term in subsection (a) of section
12 of title 15, except that such term includes
section 45 of title 15 to the extent that such
section 45 applies to unfair methods of com-
petition.
(2) Plan of action
The term ‘‘plan of action’’ means any of 1 or
more documented methods adopted by partici-
pants in an existing voluntary agreement to
implement that agreement.
(c) Prerequisites for agreements and plans of ac-
tion; delegation of authority to Presidential
designees
(1) Upon finding that conditions exist which
may pose a direct threat to the national defense
or its preparedness programs, the President may
consult with representatives of industry, busi-
ness, financing, agriculture, labor, and other in-
terests in order to provide for the making by
such persons, with the approval of the President,
of voluntary agreements and plans of action to
help provide for the national defense.
(2) The authority granted to the President in
paragraph (1) and subsection (d) may be dele-
gated by him (A) to individuals who are ap-
pointed by and with the advice and consent of
the Senate, or are holding offices to which they
have been appointed by and with the advice and
co
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 4558. This identifies an authority to review, not proof of applicability.