The word “supplies” is substituted for the words “coal, provisions, fodder, or supplies of any description”, in 10:1365 and 34:528. The words “pursuant to law” and “the use of”, in 10:1365 and 34:528, are omitted as surplusage. The words “as otherwise provided by law”, in 10:1365 and 34:528, are used rather than the words “under the law as it now exists”, in [section 1 of the Act of April 28, 1904, ch. 1766], [33 Stat. 518]. The word “may” is substituted for the word “shall”. The words “However, if” are substituted for the words “unless * * * in which case”. The words “private persons” are substituted for the words “private parties or companies”, in 10:1365 and 34:528. The last sentence is substituted for the proviso of 10:1365 and 34:528.
Amendments
2021—[Pub. L. 116–283, § 1024(a)(1)], amended section generally. Prior to amendment, section related to preference to United States vessels for transportation by sea of supplies.
Subsec. (a). [Pub. L. 116–283, § 924(b)(3)(GG)], which directed amendment of subsec. (a) by substituting “Marine Corps, or Space Force” for “or Marine Corps”, was executed by making the substitution in subsec. (a) as amended by [section 1024(a)(1) of Pub. L. 116–283], to reflect the probable intent of Congress.
2019—Subsec. (a). [Pub. L. 116–92, § 1033(1)], inserted “or for a Defense Agency” after “Marine Corps” in first sentence.
Subsec. (b)(2) to (4). [Pub. L. 116–92, § 1033(2)], added par. (2), redesignated former pars. (2) and (3) as (3) and (4), respectively, and in par. (4), substituted “a requirement under paragraph (1) or (2)” for “the requirement described in paragraph (1)”.
1993—[Pub. L. 103–160] designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
[Pub. L. 103–160, div. A, title III, § 315(b)], Nov. 30, 1993, [107 Stat. 1619], provided that: “The amendment made by subsection (a) [amending this section] shall apply to a vessel for which reflagging or repair work is necessary to be performed after the date of the enactment of this Act [Nov. 30, 1993].”
Obtaining Carriage by Vessel: Criterion Regarding Overhaul, Repair, and Maintenance of Vessels in the United States
[Pub. L. 109–364, div. A, title X, § 1017], Oct. 17, 2006, [120 Stat. 2379], as amended by [Pub. L. 110–181, div. A, title X, § 1063(c)(9)], div. C, title XXXV, § 3526(a), Jan. 28, 2008, [122 Stat. 323], 601, provided that:“(a)
Acquisition Policy.—
In order to maintain the national defense industrial base, the Secretary of Defense shall issue an acquisition policy that establishes, as a criterion required to be considered in obtaining carriage by vessel of cargo for the Department of Defense, the extent to which an offeror of such carriage had overhaul, repair, and maintenance work for covered vessels of the offeror performed in shipyards located in the United States.
“(b)
Covered Vessels.—
A vessel is a covered vessel of an offeror under this section if the vessel is—
“(1)
owned, operated, or controlled by the offeror; and
“(2)
qualified to engage in the carriage of cargo in the coastwise or non-contiguous trade under sections 12112 and 50501 and chapter 551 of title 46, United States Code.
“(c)
Application of Policy.—
The acquisition policy shall include rules providing for application of the policy to covered vessels as expeditiously as is practicable based on the nature of carriage obtained, and by no later than June 1, 2007.
“(d)
Regulations.—
“(1)
In general.—
The Secretary shall prescribe regulations as necessary to carry out the acquisition policy and submit such regulations to the Committees on Armed Services of the Senate and the House of Representatives, by not later than June 1, 2007.
“(2)
Interim regulations.—
“(A)
In general.—
The Secretary may prescribe interim regulations as necessary to carry out the acquisition policy. For this purpose, the Secretary is excepted from compliance with the notice and comment requirements of
section 553 of title 5, United States Code.
“(B)
Submission to congress.—
Upon the issuance of interim regulations under this paragraph, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives the interim regulations and a description of the acquisition policy developed (or being developed) under subsection (a).
“(C)
Expiration.—
All interim regulations prescribed under the authority of this paragraph that are not earlier superseded by final regulations shall expire no later than June 1, 2007.
“(e)
Annual Report.—
The Secretary, acting through the United States Transportation Command, shall annually submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding overhaul, repair, and maintenance performed on covered vessels of each offeror of carriage to which the acquisition policy applies.
“(f)
Definitions.—
In this section:
“(1)
Foreign shipyard.—
The term ‘foreign shipyard’ means a shipyard that is not located in the United States.
“(2)
United states.—
The term ‘United States’ means—
“(A)
any State of the United States; and
[[Pub. L. 110–181, div. C, title XXXV, § 3526(a)], Jan. 28, 2008, [122 Stat. 601], which directed amendment of [section 1017(b)(2) of Pub. L. 109–364], set out above, by substituting “sections 12112, 50501, and 55102 of title 46, United States Code” for “section 27 of the Merchant Marine Act, 1920 (46 U.S.C. 883), section 12106 of title 46, United States Code, and section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802)”, could not be executed because those words did not appear subsequent to amendment by [section 1063(c)(9) of Pub. L. 110–181], which was effective as of Oct. 17, 2006, and as if included in [Pub. L. 109–364] as enacted. See Effective Date of 2008 Amendment note under section 624 of this title.]
Delegation of Authority Under the Cargo Preference Act
Memorandum of the President of the United States, Aug. 7, 1985, 50 F.R. 36565, provided:
Memorandum for the Honorable Caspar W. Weinberger, the Secretary of Defense
By virtue of the authority vested in me as President by the Constitution and statutes of the United States of America, including Section 301 of Title 3 of the United States Code, I hereby delegate to the Secretary of Defense all the functions vested in me by the Cargo preference Act of 1904, 10 U.S.C. 2631. This authority may be redelegated.
This memorandum shall be published in the Federal Register.
Ronald Reagan.