SUBCHAPTER I—GOVERNMENT IMPELLED TRANSPORTATION
Editorial Notes
Amendments
2021—
§55301. Report on administration of programs by other Federal departments and agencies
(a)
(1) the Department of Defense of
(2) other Federal departments and agencies of programs the Administrator determines are subject to
(b)
(1) the gross tonnage of cargo (equipment, materials, or agricultural products), expressed by type of cargo, transported on United States flag vessels as compared to on foreign vessels; and
(2) the total number of United States flag vessels and total number of foreign vessels contracted by each department or agency.
(c)
(Added
Editorial Notes
Prior Provisions
A prior section 55301 was renumbered
§55302. Transportation of United States Government personnel
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 55302 | 46 App.:1241(a). | June 29, 1936, ch. 858, title IX, §901(a), |
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 possessions of the United States" for consistency in the revised 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
§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.
(
| 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, |
§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 Government to foster the exporting of agricultural or other products shall provide that the products 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 available in sufficient number, in sufficient tonnage capacity, on necessary schedules, or at reasonable rates.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 55304 | 46 App.:1241–1. | Mar. 26, 1934, ch. 90, |
This section codifies the Joint Resolution of March 26, 1934 (ch. 90,
§55305. Cargoes procured, furnished, or financed by the United States Government
(a)
(b)
(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 (
(c)
(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)
(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) 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 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)
(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 (
(f)
(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.
(
| 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, |
| 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.
Editorial Notes
References in Text
Section 55314(a), referred to in subsec. (d)(4)(A)(i), (B)(i), was repealed by
Section 25(c)(1) of the Office of Federal Procurement Policy Act, referred to in subsec. (e)(2)(D), was classified to section 421(c)(1) of former Title 41, Public Contracts, and was repealed and restated as
Amendments
2023—Subsec. (a).
Subsecs. (b), (c).
Subsec. (d).
"(1) declaring the existence of an emergency justifying a waiver; and
"(2) notifying the appropriate agencies of the waiver."
Former subsec. (d) redesignated (e).
Subsecs. (e), (f).
2022—Subsec. (d)(2)(A).
2018—Subsec. (d)(2)(D).
2014—Subsec. (e)(1).
Subsec. (e)(2), (3).
"(2) The Secretary of Transportation shall direct each department or agency responsible to provide armed personnel under paragraph (1) to reimburse, subject 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).
2008—Subsec. (b).
Subsec. (d).