Sec. 8404. CARGO PREFERENCE STUDY

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## SEC. 8404 CARGO PREFERENCE STUDY ###

(a)In General The Comptroller General of the United States shall conduct an audit regarding the enforcement of the United States Cargo Preference Laws set forth in sections 55302, 55303, 55304, and 55305 of title 46, United States Code, and section 2631 of title 10, United States Code (hereinafter in this section referred to as the “United States Cargo Preference Laws”). ###

(b)Scope The audit conducted under subsection

(a)shall include, for the period from October 14, 2008, until the date of the enactment of this Act— ####

(1)a listing of the agencies and organizations required to comply with the United States Cargo Preference Laws; ####

(2)an analysis of the compliance or noncompliance of such agencies and organizations with such laws, including— #####

(A)the total amount of oceangoing cargo that each such agency, organization, or contractor procured for its own account or for which financing was in any way provided with Federal funds, including loan guarantees; #####

(B)the percentage of such cargo shipped on privately owned commercial vessels of the United States; #####

(C)an assessment of internal programs and controls used by each such agency or organization to monitor and ensure compliance with the United States Cargo Preference Laws, to include education, training, and supervision of its contracting personnel, and the procedures and controls used to monitor compliance with cargo preference requirements by contractors and subcontractors; and #####

(D)instances in which cargoes are shipped on foreign-flag vessels under non-availability determinations but not counted as such for purposes of calculating cargo preference compliance; and ####

(3)an overview of enforcement activities undertaken by the Maritime Administration from October 14, 2008, until the date of the enactment of this Act, including a listing of all bills of lading collected by the Maritime Administration during that period. ###

(c)Report Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing the results of the audit and providing recommendations related to such results, to include— ####

(1)actions that should be taken by agencies and organizations to fully comply with the United States Cargo Preference Laws; and ####

(2)Other measures that may compel agencies and organizations, and their contractors and subcontractors, to use United States flag vessels in the international transportation of ocean cargoes as mandated by the United States Cargo Preference Laws.