Page:United States Statutes at Large Volume 120.djvu/1674

 PUBLIC LAW 109–304—OCT. 6, 2006

120 STAT. 1643

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.

Regulations.

Reports.

‘‘SUBCHAPTER II—EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES ‘‘§ 55311. Findings and purposes ‘‘(a) FINDINGS.—Congress finds that— ‘‘(1) a productive and healthy agricultural industry 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 international 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 balance of trade and generate employment opportunities in the United States. ‘‘(b) PURPOSES.—The purposes of this subchapter are to— ‘‘(1) enable the Secretary of Agriculture to plan export programs effectively, by clarifying the ocean transportation requirements applicable to those programs; ‘‘(2) take immediate and positive steps to promote the growth of the cargo-carrying capacity 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 activities associated with export programs sponsored by the Secretary;

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