
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 574(b)]
[CITE: 10USC2631]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                       CHAPTER 157--TRANSPORTATION
 
Sec. 2631. Supplies: preference to United States vessels

    (a) Only vessels of the United States or belonging to the United 
States may be used in the transportation by sea of supplies bought for 
the Army, Navy, Air Force, or Marine Corps. However, if the President 
finds that the freight charged by those vessels is excessive or 
otherwise unreasonable, contracts for transportation may be made as 
otherwise provided by law. Charges made for the transportation of those 
supplies by those vessels may not be higher than the charges made for 
transporting like goods for private persons.
    (b)(1) In each request for proposals to enter into a time-charter 
contract for the use of a vessel for the transportation of supplies 
under this section, the Secretary of Defense shall require that any 
reflagging or repair work on a vessel for which a proposal is submitted 
in response to the request for proposals be performed in the United 
States (including any territory of the United States).
    (2) In paragraph (1), the term ``reflagging or repair work'' means 
work performed on a vessel--
        (A) to enable the vessel to meet applicable standards to become 
    a vessel of the United States; or
        (B) to convert the vessel to a more useful military 
    configuration.

    (3) The Secretary of Defense may waive the requirement described in 
paragraph (1) if the Secretary determines that such waiver is critical 
to the national security of the United States. The Secretary shall 
immediately notify the Congress of any such waiver and the reasons for 
such waiver.

(Aug. 10, 1956, ch. 1041, 70A Stat. 146; Pub. L. 103-160, div. A, title 
III, Sec. 315(a), Nov. 30, 1993, 107 Stat. 1619.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
2631..................................  10:1365.                             Ap
r. 28, 1904, ch. 1766, 33 Stat.
                                        34:528.                               5
18.
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---------------------------------

    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

    1993--Pub. L. 103-160 designated existing provisions as subsec. (a) 
and added subsec. (b).


                    Effective Date of 1993 Amendment

    Section 315(b) of Pub. L. 103-160 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].''

         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.

                  Section Referred to in Other Sections

    This section is referred to in sections 2350b, 2643 of this title; 
title 46 App. sections 1187a, 1187b, 1241s.
