Pub. L. 110-417, tit. XXXV, sec. 3511
TRANSPORTATION IN AMERICAN VESSELS OF GOVERNMENT PERSONNEL AND CERTAIN CARGOES.
SEC. 3511. TRANSPORTATION IN AMERICAN VESSELS OF GOVERNMENT PERSONNEL AND CERTAIN CARGOES.(a) In General.—Section 55305(b) of title 46, United States Code, is amended—(1) by striking “country” and inserting “country, organization, or persons”;(2) by inserting “or obtaining” after “furnishing”; and(3) by striking “commodities,” the first place it appears and inserting “commodities, or provides financing in any way with Federal funds for the account of any persons unless otherwise exempted,”.(b) Other Agencies.—Section 55305(d) of title 46, United States Code, is amended to read as follows:“(d) Programs of Other Agencies.—“(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 122 STAT. 4770 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;“(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) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c)(1) or contract with respect to each violation.”.(c) Regulations.—The Secretary of Transportation shall prescribe such rules as are necessary to carry out section 55305(d) of title 46, United States Code. The Secretary may prescribe interim rules necessary to carry out section 55305(d) of such title. An interim rule prescribed under this subsection shall remain in effect until superseded by a final rule.(d) Change of Year.—Section 55314(a) of title 46, United States Code, is amended by striking “calendar” each place it appears and inserting “fiscal”.