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DUTIES OF THE COMMISSION

Sec. 901h.11, 26 (a) It shall be the duty of the Commission to conduct a comprehensive study and review of the ocean transportation of agricultural exports subject to the cargo preference laws referred to in section 901b and to make recommendations to the President and the Congress for improving the efficiency of such transportation on United States-flag vessels in order to reduce the costs incurred by the United States in connection with such transportation. In carrying out such study and review, the Commission shall consider the extent to which any unfair or discriminatory practices of foreign governments increase the cost to the United States of transporting agricultural commodities subject to such cargo preference laws.

(b)(1) The Commission shall submit an interim report to the President and the Congress not later than one year after the date of the enactment of this subtitle and such other interim reports as the Commission considers advisable.

(2) The Commission shall submit a final report containing its findings and recommendations to the President and the Congress not later than two years after the date of the enactment of this subtitle. The report shall include recommendations for any changes in the provisions of paragraph (1) that would help assure that the cost of ocean freight and ocean freight differential incurred by the Department of Agriculture and the Commodity Credit Corporation on the agricultural export programs specified in section 901b, is not increased above historical levels as a result of the extra demand for United States-flag vessels caused by section 901b.

(3) Sixty days after the submission of the final report, the Commission shall cease to exist.

(c) The Commission shall include in its reports submitted pursuant to subsection (b) recommendations concerning the feasibility and desirability of achieving the following goals with respect to the ocean transportation of agricultural commodities subject to the cargo preference laws referred to in section 901b:

(1) Ensuring that the timing of commodity purchase agreements entered into by the United States in connection with the export of such commodities, and the methods of implementing such agreements, will minimize cost to the United States.

(2) Ensuring that shipments of such commodities are made on the most modern and efficient United States-flag vessels available.

(3) Ensuring that shipments of such commodities are made under the most advantageous terms available, including

(A) charters for full shiploads;

(B) charters for intermediate or long term;

(C) charters for consecutive voyages and contracts of affreightment; and

(D) adjustment of rates in the event that vessels used for shipments of such commodities also carry cargoes on return voyages.

26 46 U.S.C. app. 12417.

(4) Reduction and elimination of impediments, including delays in port, to the efficient loading and operation of the vessels employed for shipment of such commodities.

(5) Utilization of open and competitive bidding for the ocean transportation of such commodities.

INFORMATION AND ASSISTANCE TO BE FURNISHED TO THE

COMMISSION

Sec. 9011.11, 27 (a) Each department, agency, and instrumentality of the United States, including independent agencies, shall furnish to the Commission, upon request made by the Chairman, such statistical data, reports, and other information as the Commission considers necessary to carry out its functions.

(b) The Secretary of Agriculture and the Secretary of Transportation shall make available to the Commission such staff, personnel, and administrative services as may reasonably be required to carry out the Commission's duties.

COMPENSATION AND TRAVEL AND SUBSISTENCE EXPENSES OF

COMMISSION MEMBERS

Sec. 901j.11, 28 Members of the Commission shall serve without compensation in addition to compensation they may otherwise be entitled to receive as employees of the United States or as Members of Congress, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of duties. vested in the Commission.

DEFINITION OF UNITED STATES FLAG VESSEL ELIGIBLE TO CARRY CARGOES UNDER CERTAIN SECTIONS

Sec. 901k.11, 29 A United States flag vessel eligible to carry cargoes under sections 901b through 901d means a vessel, as defined in section 3 of title 1, United States Code, that is necessary for national security purposes and, if more than 25 years old, is within five years of having been substantially rebuilt and certified by the Secretary of Transportation as having a useful life of at least five years after that rebuilding.

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SEC. 1111.30 (a) AUTHORITY TO GUARANTEE OBLIGATIONS FOR ELIGIBLE EXPORT VESSELS.-The Secretary may guarantee obligations for eligible export vessels

27 46 U.S.C. app. 1241m.

28 46 U.S.C. app. 1241n.

29 46 U.S.C. app. 12410.

30 46 U.S.C. app. 1279d. Sec. 1355(a) of the National Defense Authorization Act for Fiscal Year 1994 (103-160; 107 Stat. 1811) added sec. 1111. Sec. 1355(b) of that Act further provided: "(b) IMPLEMENTATION.—

"(1) INITIAL DESIGNATION OF COUNCIL MEMBERS.-Each member of the council established under section 1111(b) of the Merchant Marine Act, 1936, as added by subsection (a), shall name a designee for service on the council not later than 30 days after the date of the enactment of this Act. Each such member shall promptly notify the Secretary of Transportation of that designation.

“(2) DESIGNATION OF SENIOR MARAD OFFICIAL.-Not later than 30 days after the date of the enactment of this Act, the Secretary of Transportation shall designate a senior official within the Maritime Administration to have the responsibility and authority to carry out the terms and conditions set forth under section 1111 of title XI the Merchant Marine Act, Continued

(1) in accordance with the terms and conditions of this title applicable to loan guarantees in the case of vessels documented under the laws of the United States; or

(2) in accordance with such other terms as the Secretary determines to be more favorable than the terms otherwise provided in this title and to be compatible with export credit terms offered by foreign governments for the sale of vessels built in foreign shipyards.

(b) INTERAGENCY COUNCIL.

(1) ESTABLISHMENT; COMPOSITION.-There is hereby established an interagency council for the purposes of this section. The council shall be composed of the Secretary of Transportation, who shall be chairman of the Council, the Secretary of the Treasury, the Secretary of State, the Assistant to the President for Economic Policy, the United States Trade Representative, and the President and Chairman of the United States Export-Import Bank, or their designees.

(2) PURPOSE OF THE COUNCIL.-The council shall

(A) obtain information on shipbuilding loan guarantees, on direct and indirect subsidies, and on other favorable treatment of shipyards provided by foreign governments to shipyards in competition with United States shipyards; and

(B) provide guidance to the Secretary in establishing terms for loan guarantees for eligible export vessels under subsection (a)(2).

(3) CONSULTATION WITH U.S. SHIPBUILDERS.-The council shall consult regularly with United States shipbuilders to obtain the essential information concerning international shipbuilding competition on which to set terms and conditions for loan guarantees under subsection (a)(2).

(4) ANNUAL REPORT.-Not later than January 31 of each year (beginning in 1995), the Secretary of Transportation shall submit to Congress a report on the activities of the Secretary under this section during the preceding year. Each report shall include documentation of sources of information on assistance provided by the governments of other nations to shipyards in those nations and a summary of recommendations made to the Secretary during the preceding year regarding_applications submitted to the Secretary during that year for loan guarantees under this title for construction of eligible export vessels.

1936, as added by subsection (a). The Secretary shall make the designation of that official known through a public announcement in a national periodical.".

Sec. 303 of the Fisheries Financing Act (title III of the Sustainable Fisheries Act; Public Law 104-297; 110 Stat. 3559 at 3615) added another sec. 1111, relating to fisheries financing and capacity reduction.

2. Executive Orders, Delegations of Authority and Reorganization Plans Relating to Foreign Assistance and Arms Exports 1

a. Administration of Foreign Assistance and Related

Functions

Executive Order 12163,2 September 29, 1979, 44 F.R. 56673, 22 U.S.C. 2381 note, as amended by Executive Order 12226, July 22, 1980, 45 F.R. 49235; Executive Order 12321, September 14, 1981, 46 F.R. 46109; Executive Order 12365, May 24, 1982, 47 F.R. 22933; Executive Order 12423, May 26, 1983, 48 F.R. 24025; Executive Order 12458, January 14, 1984, 49 F.R. 1977; Executive Order 12500, January 24, 1985, 50 F.R. 3733; Executive Order 12560, May 24, 1986, F.R. 19159; Executive Order 12608, September 9, 1987, 52 F.R. 34617; Executive Order 12620, December 24, 1987, 52 F.R. 49135; Executive Order 12639, May 6, 1988, 53 F.R. 16691; Executive Order 12680, July 5, 1989, 54 F.R. 28995; Executive Order 12695, November 1, 1989, 54 F.R. 46589; Executive Order 12738, December 14, 1990, 55 F.R. 52033; Executive Order 13030, December 12, 1996, 61 F.R. 66187; Executive Order 13091, June 29, 1998, 63 F.R. 36153; Executive Order 13118, March 31, 1999, 64 F.R. 16595; Executive Order 13346, July 8, 2004, 69 F.R. 41905; and by Executive Order 13361, November 16, 2004, 69 F.R. 67633

By virtue of the authority vested in me by the Foreign Assistance Act of 1961, Reorganization Plan No. 2 of 1979,2 the International Development Cooperation Act of 1979, and section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows:

See also Executive Order 13257 (February 13, 2002; 67 F.R. 7259), as amended, establishing the President's Interagency Task Force to Monitor and Combat Trafficking in Persons, in Legislation on Foreign Relations Through 2004, vol. I-A; Executive Order 12703 (February 20, 1990; 55 F.R. 6351), as amended, delegating authority related to the Support for East European Democracy (SEED) Program; Executive Order 12884 (December 1, 1993; 58 F.R. 64099), as amended, delegating functions Under the FREEDOM Support Act and Related Provisions of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, Executive Order 12880 (November 16, 1993; 58 F.R. 60989) and Executive Order 12992 (March 15, 1996; 61 F.R. 11287), related to international narcotics control, in this volume.

2On March 31, 1999, the President issued Executive Order 13118 (64 F.R. 16595), which substantially rewrote Executive Order 12163 to conform with requirements of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105-277; 112 Stat. 2681-790). Secs. 1401 and 1422(a)(2) of that Act provided that the following Executive Orders, delegation of authority and reorganization plan would cease to be effective on April 1, 1999, or upon the date of abolition of the U.S. IDČA pursuant to the reorganization plan described in sec. 1601 of that Act:

(1) Reorganization Plan Numbered 2 of 1979 (5 U.S.C. App.).

(2) Secs. 1-101 through 1-103, secs. 1-401 through 1-403, sec. 1-801(a), and such other provisions that relate to the United States International Development Cooperation Agency or the Director of IDCA, of Executive Order 12163 (22 U.S.C. 2381 note; relating to administration of foreign assistance and related functions).

(3) The International Development Cooperation Agency Delegation of Authority Numbered 1 (44 Fed. Reg. 57521), except for secs. 1-6 of such Delegation of Authority.

(4) Sec. 3 of Executive Order No. 12884 (58 Fed. Reg. 64099; relating to the delegation of functions under the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992, the Foreign Assistance Act of 1961, the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1993, and sec. 301 of title 3, United States Code).

Amendments made to Executive Order 12163 by Executive Order 13118, March 31, 1998 (64 FR. 16595), to implement the Foreign Affairs Reform and Restructuring Act of 1998 are incorporated herein.

1-1.8 DEPARTMENT OF STATE.

1-100. Delegation of Functions. a Exclusive of the functions otherwise delegated, or reserved to the President, by this order. Executive Order 12884, Executive Order 11579. and Executive Order 12757,4 and subject to the provisions of such orders, there are hereby delegated to the Secretary of State (referred to in this Part as the "Secretary") all functions conferred upon the President by: (1) the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) (*Act");

(i) except that with respect to section 505(a) of the Act, such functions only insofar as those functions relate to other provisions which may be required by the President or only insofar as they relate to consent;

(ii except that with respect to section 505(b) of the Act, such functions only insofar as those functions pertain to countries that agree to the conditions set forth therein; (2) section 1205(b) of the International Security and Develop ment Cooperation Act of 1985 (“ISDCA of 1985”);

(3) section 8(d) of the Act of January 12, 1971 (22 U.S.C. 2321b/d);

(4) section 607 of the International Security Assistance and Arms Export Control Act of 1976 (22 U.S.C. 2394a);

(5) section 402(b)(2) of title 10. United States Code, which shall be exercised in consultation with the Secretary of De fense;

(6) the third proviso under the heading “Development Assistance" contained in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (as contained in Public Law 105-277);

(7) section 572 of the Foreign Operations, Export Financing. and Related Programs Appropriations Act, 1989 (Public Law 100-461);

(8) sections 508, 517, 518, 528(a), 535, 539, 544, 561, 563. 572, 574, 575, 585, 594 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (as contained in Public Law 105–277);

(9) section 523 of the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1999 (as contained in Public Law 105-277), which shall be exercised in consultation with the Secretary of the Treasury;

(10) section 551 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (as contained

in Public Law 105-277);

(11) section 591 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998 (Public Law

105-118), and the provisions of law referenced therein;

nation Act (as contained in Public Law 105-277); 5

(12) section 821(b) of the Western Hemisphere Drug Elimi

Sec. 1 of Executive Order 13118, March 31, 1999 (64 F.R. 16595), amended and restated part

1-1 in its entirety.

Executive Order 13345, July 8, 2004 (69 F.R. 41901) revoked Executive Order 12757. 5 Sec. 3 of Executive Order 13346 (69 F.R. 41905) struck out a period at the end of para. (12); inserted in lieu thereof a semicolon, and added new paras. (13), (14), and (15).

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