Pub. L. 108-136, div. C, tit. XXXV, subtit. C, sec. 3535
GAO STUDY OF ADJUSTMENT OF OPERATING AGREEMENT PAYMENT CRITERIA.
SEC. 3535. GAO STUDY OF ADJUSTMENT OF OPERATING AGREEMENT PAYMENT CRITERIA.(a) In General.—The Comptroller General of the United States shall conduct a study of the potential impact of amending section 53106 of title 46, United States Code, as amended by this Act—(1) to increase or decrease the 7,500 ton limitation;(2) to apply the limitation to bagged cargo as well as bulk cargo; and(3) to so modify the tonnage limitation and apply it to bagged cargo as well as bulk cargo.(b) Matters To Be Addressed.—117 STAT. 1819(1) Specific impacts.—As part of the study required by subsection (a), the Comptroller General shall address, in particular, the impact of such amendments on—(A) the Maritime Security Fleet established under chapter 531 of title 46, United States Code, as amended by this Act;(B) the civilian bulk cargo preference program under section 901(a), 901(b), or 901b of such Act (46 U.S.C. App. 1241(a), 1241(b), and 1241f); and(C) operations of vessels under sections 901a through 901k of such Act (46 U.S.C. App. 1241e through 1241o, the Food for Peace Act of 1966 (7 U.S.C. 1707a(b)(8)), or any other statute in pari materia.(2) Certain aspects.—In carrying out paragraph (1), the Comptroller General shall consider, among other matters—(A) increased or decreased costs to the overall cargo preference program, including transportation costs (for both land and water transportation);(B) effects on ports;(C) the number of shipments that would be affected;(D) increased or decreased administrative and compliance burdens for carriers and Federal agencies; and(E) increases or decreases in the number of United States-flag operators participating in the cargo preference program.(3) Balancing benefits.—In the study, the Comptroller General shall also address whether and how such amendments could result in achieving an appropriate balance of benefits between participants in the Maritime Security Fleet program and participants in the cargo preference program.(c) Report.—The Comptroller General shall transmit a report of the study, including findings, conclusions, and recommendations (including legislative recommendations, if any), to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate within 9 months after the date of the enactment of this Act. (d) Authority.—In order to conduct the study required by subsection (a), the Comptroller General, or any of the Comptroller General’s duly authorized representatives, shall have access to any books, accounts, documents, papers, and records that relate to the information required to complete the study of owners or operators of vessels—(1) under operating agreements under subtitle B of title VI of the Merchant Marine Act, 1936 (46 U.S.C. App. 651 et seq.) or chapter 531 of title 46, United States Code, as amended by this Act; and(2) that accept bulk cargo subject to the cargo preference laws of the United States.