§ 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
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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
Page 487
TITLE 46—SHIPPING
§ 55305
1 See References in Text note below.
justifying a temporary waiver of this section or
section 55314 of this title, the President, the Sec-
retary of Defense, or the Secretary of Transpor-
tation, following a determination by the Mari-
time Administrator, acting in the Administra-
tor’s capacity as Director, National Shipping
Authority, of the non-availability of qualified
United States flag capacity at fair and reason-
able rates for commercial vessels of the United
States to meet the requirements of this section
or section 55314 of this title, may waive compli-
ance with such section to the extent, in the
manner, and on the terms the Maritime Admin-
istrator, acting in such capacity, prescribes, and
no other waivers of the requirements of this sec-
tion or section 55314 of this title shall be author-
ized.
(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 Ad-
ministrator may extend the waiver for an addi-
tional period of not more than 30 days, if the
Maritime Administrator makes the determina-
tions 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 sec-
tion or section 55314 at fair and reasonable
rates for commercial vessels of the United
States;
(B) provide notice of each determination re-
ferred to in paragraph (1) to the Secretary of
Transportation and, as applicable, the Presi-
dent or the Secretary of Defense; and
(C) publish each determination referred to in
paragraph (1)—
(i) on the website of the Maritime Admin-
istration not later than 24 hours after notice
of the determination is provided to the Sec-
retary 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 Infrastruc-
ture of the House of Representatives of—
(i) any request for a waiver (or an exten-
sion thereof) made by the Secretary of
Transportation 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; and
(B) the Committee on Commerce, Science,
and Transportation and the Committee on
Armed Services of the Senate and the Com-
mittee on Transportation and Infrastructure
and the Committee on Armed Services of the
House of Representatives of—
(i) any request for a waiver (or an exten-
sion thereof) made by the Secretary of De-
fense of this section or section 55314(a) 1 of
this title by not later than 72 hours after re-
ceiving 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 re-
sponsibility 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 depart-
ment or agency or organization or person in-
volved, shall have the sole responsibility for
determining if a program is subject to the re-
quirements of this section.
(2) The Secretary—
(A) shall conduct an annual review of the
administration of programs determined pur-
suant to paragraph (1) as subject to the re-
quirements of this section and annually sub-
mit to the Committee on Transportation and
Infrastructure of the House of Representa-
tives and the Committee on Commerce,
Science, and Transportation of the Senate a
report on the administration of such pro-
grams;
(B) may direct agencies to require the
transportation on United States-flagged ves-
sels of cargo shipments not otherwise sub-
ject 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 vio-
lates 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 appro-
priate under the Federal Acquisition Regula-
tions issued pursuant to section 25(c)(1) 1 of
the Office of Federal Procurement Policy
Act (41 U.S.C. 1303(a)(1)) or contract with re-
spect 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 De-
partment of Defense), when responsible for the
carriage of such equipment, materials, or com-
modities, to reimburse, subject to the avail-
ability of appropriations, the owners or opera-
tors 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 mari-
time security directive issued by the Com-
Page 488
TITLE 46—SHIPPING
§ 55305
mandant and in effect on the date on which an
applicable voyage begins, if the Secretary of
Transportation—
(A) determines that an act of piracy oc-
curred 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.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1642;
Pub. L. 110–417, div. C, title XXXV, § 3511(a), (b),
Oct. 14, 2008, 122 Stat. 4769; Pub. L. 112–213, title
V, § 503, Dec. 20, 2012, 126 Stat. 1575; Pub. L.
113–281, title III, § 306, Dec. 18, 2014, 128 Stat. 3044;
Pub. L. 115–232, div. C, title XXXV, § 3546(s), Aug.
13, 2018, 132 Stat. 2327; Pub. L. 117–263, div. C,
title XXXV, § 3502(b), Dec. 23, 2022, 136 Stat. 3065;
Pub. L. 118–31, div. C, title XXXV, § 3531(a), Dec.
22, 2023, 137 Stat. 825.)
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 ves-
sels of the Panama Canal Company’’ are omitted as ob-
solete. The words ‘‘Nothing herein shall repeal or oth-
erwise 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.
Editorial Notes
REFERENCES IN TEXT
Section 55314(a), referred to in subsec. (d)(4)(A)(i),
(B)(i), was repealed by Pub. L. 112–141, div. F, title I,
§ 100124(a)(1), July 6, 2012, 126 Stat. 915.
Section 25(c)(1) of the Office of Federal Procurement
Policy Act, referred to in subsec. (e)(2)(D), was classi-
fied to section 421(c)(1) of former Title 41, Public Con-
tracts, and was repealed and restated as section
1303(a)(1) of Title 41, Public Contracts, by Pub. L.
111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For
disposition of sections of former Title 41, see Disposi-
tion Table preceding section 101 of Title 41.
AMENDMENTS
2023—Subsec. (a). Pub. L. 118–31, § 3531(a)(1), (2)(A), (3),
redesignated subsec. (b) as (a), substituted ‘‘privately-
owned commercial vessels of the United States, as pro-
vided under subsection (b),’’ for ‘‘privately-owned com-
mercial vessels of the United States,’’, and struck out
former subsec. (a). Prior to amendment, text of subsec.
(a) read as follows: ‘‘In this section, the term ‘pri-
vately-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 docu-
mented 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.’’
Subsecs. (b), (c). Pub. L. 118–31, § 3531(a)(4), added sub-
secs. (b) and (c). Former subsecs. (b) and (c) redesig-
nated (a) and (d), respectively.
Subsec. (d). Pub. L. 118–31, § 3531(a)(2)(B), (5), redesig-
nated subsec. (c) as (d), struck it out, and added a new
subsec. (d). Prior to amendment, text read as follows:
‘‘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 justi-
fying a waiver; and
‘‘(2) notifying the appropriate agencies of the waiv-
er.’’
Former subsec. (d) redesignated (e).
Subsecs. (e), (f). Pub. L. 118–31, § 3531(a)(2)(B), redesig-
nated subsecs. (d) and (e) as (e) and (f), respectively.
2022—Subsec. (d)(2)(A). Pub. L. 117–263 inserted ‘‘and
annually submit to the Committee on Transportation
and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the administration of
such programs’’ after ‘‘section’’.
2018—Subsec. (d)(2)(D). Pub. L. 115–232 substituted
‘‘1303(a)(1))’’ for ‘‘421(c)(1)’’.
2014—Subsec. (e)(1). Pub. L. 113–281, § 306(1), sub-
stituted ‘‘reimburse, subject to the availability of ap-
propriations, the owners or operators of vessels’’ for
‘‘provide armed personnel aboard vessels’’ and ‘‘com-
modities for the cost of providing armed personnel
aboard such vessels’’ for ‘‘commodities’’.
Subsec. (e)(2), (3). Pub. L. 113–281, § 306(2), added par.
(2) and struck out former pars. (2) and (3) which read as
follows:
‘‘(2) The Secretary of Transportation shall direct
each department or agency responsible to provide
armed personnel under paragraph (1) to reimburse, sub-
ject to the availability of appropriations, the owners or
operators of applicable vessels for the cost of providing
armed personnel.
‘‘(3) In this subsection, the term ‘high-risk waters’
means waters so designated by the Commandant of the
Coast Guard in the Port Security Advisory in effect on
the date on which an applicable voyage begins.’’
2012—Subsec. (e). Pub. L. 112–213 added subsec. (e).
2008—Subsec. (b). Pub. L. 110–417, § 3511(a), substituted
‘‘foreign country, organization, or persons’’ for ‘‘for-
eign country’’, ‘‘commodities, or provides financing in
any way with Federal funds for the account of any per-
sons unless otherwise exempted, within’’ for ‘‘commod-
ities, within’’, and ‘‘furnishing or obtaining’’ for ‘‘fur-
nishing’’.
Subsec. (d). Pub. L. 110–417, § 3511(b), reenacted head-
ing without change and amended text generally. Prior
to amendment, text read as follows: ‘‘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 pro-
grams and report annually to Congress on their admin-
istration.’’
Statutory Notes and Related Subsidiaries
REGULATIONS
Pub. L. 110–417, div. C, title XXXV, § 3511(c), Oct. 14,
2008, 122 Stat. 4770, provided that: ‘‘The Secretary of
Transportation shall prescribe such rules as are nec-
essary to carry out section 55305(d) of title 46, United
States Code. The Secretary may prescribe interim rules
necessary to carry out section 55305(d) of such title. An
interim rule prescribed under this subsection shall re-
main in effect until superseded by a final rule.’’
SECRETARY
OF TRANSPORTATION RESPONSIBILITY WITH
RESPECT TO CARGOES PROCURED, FURNISHED, OR FI-
NANCED
BY
OTHER
FEDERAL
DEPARTMENTS
AND
AGENCIES
Pub. L. 117–263, div. C, title XXXV, § 3502(a), Dec. 23,
2022, 136 Stat. 3065, provided that: ‘‘Not later than 270
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.
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
**(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
**(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.
Federal law — U.S. Code and appendices · legal_authorities
The Department of Agriculture shall be an executive department, under the supervision and control of a Secretary of Agriculture, who shall be appointed by the President, by and with the advice and consent of the Senate. The provisions of title 4 of the Revised Statutes, including all amendments thereto, shall be applicable to said department; and all laws and parts of laws relating to the Department of Agriculture in existence February 9, 1889, as far as the same are applicable and not in conflict with this section, and only so far, are continued in full force and effect.
Stored review status: release_metadata_unconfirmed. The source passage cites 7 U.S.C. § 2202. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2202. Executive Department; Secretary
The Department of Agriculture shall be an ex-
ecutive department, under the supervision and
control of a Secretary of Agriculture, who shall
be appointed by the President, by and with the
advice and consent of the Senate. The provisions
of title 4 of the Revised Statutes, including all
amendments thereto, shall be applicable to said
department; and all laws and parts of laws relat-
ing to the Department of Agriculture in exist-
ence February 9, 1889, as far as the same are ap-
plicable and not in conflict with this section,
and only so far, are continued in full force and
effect.
(Feb. 9, 1889, ch. 122, §§ 1, 4, 25 Stat. 659.)
Editorial Notes
REFERENCES IN TEXT
Title 4 of the Revised Statutes, referred to in text,
was entitled ‘‘Provisions Applicable to All Executive
Departments, and consisted of R.S. §§ 158 to 198. For
provisions of the Code derived from such title 4, see sec-
tions 101, 301, 303, 304, 503, 2952, 3101, 3106, 3341, 3345 to
3349, 5535, 5536 of Title 5, Government Organization and
Employees; section 207 of Title 18, Crimes and Criminal
Procedure; sections 514, 520 of Title 28, Judiciary and
Judicial Procedure; section 3321 of Title 31, Money and
Finance.
CODIFICATION
Section was formerly classified to section 512 of Title
5 prior to the general revision and enactment of Title
5, Government Organization and Employees, by Pub. L.
89–554, § 1, Sept. 6, 1966, 80 Stat. 378.
Executive Documents
TRANSFER OF FUNCTIONS
Functions of all officers, agencies, and employees of
Department of Agriculture transferred, with certain ex-
ceptions, to Secretary of Agriculture by 1953 Reorg.
Plan No. 2, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633,
set out as a note under section 2201 of this title.
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 2202. This identifies an authority to review, not proof of applicability.