187 
ferry operated between fixed terminals on the Great Lakes as part of a rail 
route, if— 
‘‘(1) the car ferry is owned by a common carrier by water and oper-
ated as part of a rail route with the approval of the Surface Transpor-
tation Board; 
‘‘(2) the stock of the common carrier by water, or its predecessor, 
was owned or controlled by a common carrier by rail prior to June 5, 
1920; 
‘‘(3) the stock of the common carrier owning the car ferry is, with 
the approval of the Board, now owned or controlled by a common car-
rier by rail; and 
‘‘(4) the car ferry is built in and documented under the laws of the 
United States. 
‘‘§ 55118. Foreign railroads whose road enters by ferry, tug-
boat, or towboat 
‘‘A foreign railroad, whose road enters the United States by ferry, tug-
boat, or towboat, may own and operate a vessel not having a coastwise en-
dorsement in connection with the water transportation of the passenger, 
freight, express, baggage, and mail cars used by that road, together with 
the passengers, freight, express matter, baggage, and mails transported in 
those cars. However, the foreign railroad is subject to the same restrictions 
imposed by law on a vessel of the United States entering a port of the 
United States from the same foreign country. Except as otherwise author-
ized by this chapter, the ferry, tugboat, or towboat may not, under penalty 
of forfeiture, be used in the transportation of merchandise between ports 
or places in the United States to which the coastwise laws apply. 
‘‘§ 55119. Yukon River 
‘‘Section 55102 of this title does not apply to the transportation of mer-
chandise on the Yukon River until the Alaska Railroad is completed and the 
Secretary of Transportation finds that proper facilities will be available for 
transportation by citizens of the United States to properly handle the traf-
fic. 
‘‘§ 55120. Transshipment of imported merchandise intended 
for immediate exportation 
‘‘The Secretary of Homeland Security may prescribe regulations for the 
transshipment and transportation of merchandise that is imported into the 
United States by sea for immediate exportation to a foreign port by sea, 
or by a river, the right to ascend or descend which for the purposes of com-
merce is secured by treaty to the citizens of the United States and the sub-
jects of a foreign power. 
VerDate Aug 31 2005 
02:33 Sep 08, 2006
Jkt 049006
PO 00000
Frm 00187
Fmt 6652
Sfmt 6221
E:\BILLS\H1442.RS
H1442
pwalker on PRODPC60 with BILLS
188 
‘‘§ 55121. Transportation of merchandise and passengers on 
Canadian vessels 
‘‘(a) BETWEEN ROCHESTER AND ALEXANDRIA BAY.—Until passenger 
service is established by vessels of the United States between the port of 
Rochester, New York, and the port of Alexandria Bay, New York, the Sec-
retary of Homeland Security may issue annually permits to Canadian pas-
senger vessels to transport passengers between those ports. Canadian vessels 
holding such a permit are not subject to section 55103 of this title. 
‘‘(b) WITHIN ALASKA OR BETWEEN ALASKA AND OTHER POINTS IN THE 
UNITED STATES.—Until the Secretary of Transportation determines that 
service by vessels of the United States is available to provide the transpor-
tation described in paragraph (1) or (2), sections 55102 and 55103 of this 
title do not apply to the transportation on Canadian vessels of— 
‘‘(1) passengers between ports in southeastern Alaska; or 
‘‘(2) passengers or merchandise between Hyder, Alaska, and other 
points in southeastern Alaska or in the United States outside Alaska. 
‘‘CHAPTER 553—PASSENGER AND CARGO PREFERENCES 
‘‘SUBCHAPTER I—GENERAL 
‘‘Sec. 
‘‘55301.
Priority loading for coal. 
‘‘55302.
Transportation of United States Government personnel. 
‘‘55303.
Motor vehicles owned by United States Government personnel. 
‘‘55304.
Exports financed by the United States Government. 
‘‘55305.
Cargoes procured, furnished, or financed by the United States Government. 
‘‘SUBCHAPTER II—EXPORT TRANSPORTATION OF AGRICULTURAL 
COMMODITIES 
‘‘55311.
Findings and purposes. 
‘‘55312.
Determining prevailing world market price. 
‘‘55313.
Exemption of certain agricultural exports from cargo preference provisions. 
‘‘55314.
Transportation requirements for certain exports sponsored by the Secretary of Agri-
culture. 
‘‘55315.
Minimum tonnage. 
‘‘55316.
Financing the transportation of agricultural commodities. 
‘‘55317.
Termination of subchapter. 
‘‘55318.
Effect on other law. 
‘‘SUBCHAPTER III—AMERICAN GREAT LAKES VESSELS 
‘‘55331.
Definitions. 
‘‘55332.
Designating American Great Lakes vessels. 
‘‘55333.
Exemption from restriction on transporting certain cargo. 
‘‘55334.
Restrictions on operations. 
‘‘55335.
Revocations and terminations of designations. 
‘‘55336.
Civil penalty. 
‘‘SUBCHAPTER I—GENERAL 
‘‘§ 55301. Priority loading for coal 
‘‘A vessel engaged in the coastwise transportation of coal produced in the 
United States, from a port in the United States to another port in the 
United States, shall be given priority in loading at any of those ports ahead 
of a waiting vessel engaged in the export transportation of coal produced 
in the United States. However, if the Secretary of Transportation finds that 
VerDate Aug 31 2005 
02:33 Sep 08, 2006
Jkt 049006
PO 00000
Frm 00188
Fmt 6652
Sfmt 6221
E:\BILLS\H1442.RS
H1442
pwalker on PRODPC60 with BILLS
189 
it is in the national interest, the Secretary may eliminate this priority load-
ing at any port. The Secretary shall report to Congress within 30 days an 
action eliminating priority loading under this section. 
‘‘§ 55302. Transportation of United States Government per-
sonnel 
‘‘(a) IN GENERAL.—An officer or employee of the United States Govern-
ment traveling by sea on official business overseas or to or from a territory 
or possession of the United States shall travel and transport personal effects 
on a vessel documented under the laws of the United Sates if such a vessel 
is available, unless the necessity of the mission requires the use of a foreign 
vessel. 
‘‘(b) REGULATIONS.—The Administrator of General Services shall pre-
scribe regulations under which agencies may not pay for or reimburse an 
officer or employee for travel or transportation expenses incurred on a for-
eign vessel in the absence of satisfactory proof of the necessity of using the 
vessel. 
‘‘§ 55303. Motor vehicles owned by United States Govern-
ment personnel 
‘‘Notwithstanding any other law, privately-owned American shipping serv-
ices may be used to transport motor vehicles owned by personnel of the 
United States Government whenever transportation of those vehicles at Gov-
ernment expense is otherwise authorized by law. 
‘‘§ 55304. Exports financed by the United States Government 
‘‘It is the sense of Congress that any loans made by an instrumentality 
of the United States Government to foster the exporting of agricultural or 
other products shall provide that the products may be transported only on 
vessels of the United States unless, as to any or all of those products, the 
Secretary of Transportation, after investigation, certifies to the instrumen-
tality that vessels of the United States are not available in sufficient num-
ber, in sufficient tonnage capacity, on necessary schedules, or at reasonable 
rates. 
‘‘§ 55305. Cargoes procured, furnished, or financed by the 
United States Government 
‘‘(a) DEFINITION.—In this section, the term ‘privately-owned commercial 
vessel of the United States’ does not include a vessel that, after September 
21, 1961, was built or rebuilt outside the United States or documented 
under the laws of a foreign country, until the vessel has been documented 
under the laws of the United States for at least 3 years. 
‘‘(b) MINIMUM TONNAGE.—When the United States Government pro-
cures, contracts for, or otherwise obtains for its own account, or furnishes 
to or for the account of a foreign country without provision for reimburse-
VerDate Aug 31 2005 
02:33 Sep 08, 2006
Jkt 049006
PO 00000
Frm 00189
Fmt 6652
Sfmt 6221
E:\BILLS\H1442.RS
H1442
pwalker on PRODPC60 with BILLS
190 
ment, 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 nec-
essary and practicable to ensure that at least 50 percent of the gross ton-
nage 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 reason-
able 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 Sec-
retary shall review the administration of those programs and report annu-
ally to Congress on their administration. 
‘‘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 eco-
nomic well-being and security of the United States; 
‘‘(2) both industries must compete in international markets increas-
ingly dominated by foreign trade barriers and the subsidization prac-
tices 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 ef-
fectively, 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; 
VerDate Aug 31 2005 
02:33 Sep 08, 2006
Jkt 049006
PO 00000
Frm 00190
Fmt 6652
Sfmt 6221
E:\BILLS\H1442.RS
H1442
pwalker on PRODPC60 with BILLS