(a) Requirement that officers and employees travel on American ships
Any officer or employee of the United States traveling on official business overseas or to or from any of the possessions of the United States shall travel and transport his personal effects on ships registered under the laws of the United States where such ships are available unless the necessity of his mission requires the use of a ship under a foreign flag. The Administrator of General Services shall prescribe regulations under which agencies shall not pay for or reimburse officers or employees for travel or shipping expenses incurred on a foreign ship in the absence of satisfactory proof of the necessity therefor.
(b) Cargoes procured, furnished or financed by United States; waiver in emergencies; exceptions; definition
(1)Whenever the United States shall procure, contract for, or otherwise obtain for its own account, or shall furnish to or for the account of any foreign nation without provision for reimbursement, any equipment, materials, or commodities, within or without the United States, or shall advance funds or credits or guarantee the convertibility of foreign currencies in connection with the furnishing of such equipment, materials, or commodities, the appropriate agency or agencies shall take such steps as may be necessary and practicable to assure that at least 50 per centum of the gross tonnage of such equipment, materials or commodities (computed separately for dry bulk carriers, dry cargo liners, and tankers), which may be transported on ocean vessels shall be transported on privately owned United States-flag commercial vessels, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels, in such manner as will insure a fair and reasonable participation of United States-flag commercial vessels in such cargoes by geographic areas: Provided, That the provisions of this subsection may be waived whenever the Congress by concurrent resolution or otherwise, or the President of the United States or the Secretary of Defense declares that an emergency exists justifying a temporary waiver of the provisions of this paragraph and so notifies the appropriate agency or agencies: And provided further, That the provisions of this subsection shall not apply to cargoes carried in the vessels of the Panama Canal Company. Nothing herein shall repeal or otherwise modify the provisions of section
1241–1 of this Appendix. For purposes of this section, the term “privately owned United States-flag commercial vessels” shall not be deemed to include any vessel which, subsequent to September 21, 1961, shall have been either (a) built outside the United States, (b) rebuilt outside the United States, or (c) documented under any foreign registry, until such vessel shall have been documented under the laws of the United States for a period of three years: Provided, however, That the provisions of this amendment shall not apply where, (1) prior to September 21, 1961, the owner of a vessel, or contractor for the purchase of a vessel, originally constructed in the United States and rebuilt abroad or contracted to be rebuilt abroad, has notified the Maritime Administration in writing of its intent to document such vessel under United States registry, and such vessel is so documented on its first arrival at a United States port not later than one year subsequent to September 21, 1961, or (2) where prior to September 21, 1961, the owner of a vessel under United States registry has made a contract for the rebuilding abroad of such vessel and has notified the Maritime Administration of such contract, and such rebuilding is completed and such vessel is thereafter documented under United States registry on its first arrival at a United States port not later than one year subsequent to September 21, 1961.
(2)Every department or agency having responsibility under this subsection shall administer its programs with respect to this subsection under regulations issued by the Secretary of Transportation. The Secretary of Transportation shall review such administration and shall annually report to the Congress with respect thereto.
(c) Motor vehicle owned by Government personnel
Notwithstanding any other provision of law, privately owned American shipping services may be utilized for the transportation of motor vehicles owned by Government personnel whenever transportation of such vehicles at Government expense is otherwise authorized by law.
Panama Canal Company, referred to in subsec. (b)(1), deemed to refer to Panama Canal Commission, see section
3602(b)(5) of Title
22, Foreign Relations and Intercourse.
This amendment, referred to in subsec. (b)(1), means the amendment to this section by Pub. L. 87–266. See 1961 Amendment note below.
1996—Subsec. (a). Pub. L. 104–316substituted “flag. The Administrator of General Services shall prescribe regulations under which agencies” for “flag: Provided, That the Comptroller General of the United States” and substituted “pay for or reimburse officers or employees” for “credit any allowance”.
1981—Subsec. (b)(2). Pub. L. 97–31substituted “Secretary of Transportation” for “Secretary of Commerce” in two places.
1970—Subsec. (b). Pub. L. 91–469redesignated subsec. (b) as (b)(1), substituted “this paragraph” for “this subsection” after “temporary waiver of the provisions of” therein, and added subsec. (b)(2).
1961—Subsec. (b). Pub. L. 87–266excluded from term “privately owned United States-flag commercial vehicles” those vessels which, subsequent to Sept. 21, 1961, have been either built outside the United States, rebuilt outside the United States, or documented under foreign registry, until such vessels have been documented under the laws of the United States for 3 years.
1956—Subsec. (c). Act May 28, 1956, added subsec. (c).
1954—Act Aug. 26, 1954, designated existing provisions as subsec. (a) and added subsec. (b).
Export sales of certain agricultural commodities, see section
1707a of Title
Functions authorized by Foreign Assistance Act of 1961, as amended, as exempt, see Ex. Ord. No. 11223, eff. May 12, 1965, 30 F.R. 6635, set out under section
2393 of Title
22, Foreign Relations and Intercourse.
Act Aug. 3, 1956, ch. 933, § 3,70 Stat. 988, provided that sales of fresh fruit and the products thereof under sections
1709 of Title
7, Agriculture, should be exempt from the requirements of this section.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, May 21, 2013
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