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46 U.S.C. § 57522Books and records, balance sheets, and inspection and auditing

submitted 10 years ago by Pub. L. 114-120 to r/title-46-SHIPPING · 249 words · no verdicts yet

in plain englishAI-generated · not legal advice

Every contract under this chapter must require the contractor and related companies to keep specific books and records. It must also require them to file financial statements when the Secretary of Transportation asks. The Secretary can audit those records anytime, and may cancel the contract for willful noncompliance.

Every contract the Secretary of Transportation signs under this chapter must include four requirements: (1) The contractor, and every affiliate, agent, subsidiary, or holding company connected to or controlling or controlled by the contractor, must keep books, records, and accounts covering the maintenance, operation, and servicing of the vessels, services, routes, and lines the contract covers — in whatever form and under whatever rules the Secretary sets. (2) When the Secretary asks, those same parties must file balance sheets, profit-and-loss statements, and any other financial reports, special reports, or memos about facts and transactions that the Secretary believes affect the financial results, performance, or operations under the contract. (3) The Secretary has the authority to examine and audit the books, records, and accounts of anyone covered by this section, whenever the Secretary considers it necessary or useful. (4) If any covered person willfully fails or refuses to follow these contract requirements, the Secretary may cancel the contract. Once cancelled this way, the United States is freed from any further obligation under it.
the actual law source: uscode.house.gov ↗public domain

Every contract executed by the Secretary of Transportation under this chapter shall contain provisions requiring (1) that, the contractor and every affiliate, domestic agent, subsidiary, or holding company connected with, or directly or indirectly controlling or controlled by, the contractor, to keep its books, records, and accounts, relating to the maintenance, operation, and servicing of the vessels, services, routes, and lines covered by the contract, in such form and under such regulations as may be prescribed by the Secretary of Transportation; (2) that the contractor and every affiliate, domestic agent, subsidiary, or holding company connected with, or directly or indirectly controlling or controlled by, the contractor, to file, upon notice from the Secretary of Transportation, balance sheets, profit and loss statements, and such other statements of financial operations, special report, memoranda of any facts and transactions, which in the opinion of the Secretary of Transportation affect the financial results in, the performance of, or transactions or operations under, such contract; (3) that the Secretary of Transportation shall be authorized to examine and audit the books, records, and accounts of all persons referred to in this section whenever he may deem it necessary or desirable; and (4) that upon the willful failure or refusal of any person described in this section to comply with the contract provisions required by this section, the Secretary of Transportation shall have the right to rescind the contract, and upon such rescission, the United States shall be relieved of all further liability on such contract.

Source credit: (Added and amended Pub. L. 114–120, title III, § 313(c)(1), Feb. 8, 2016, 130 Stat. 58.)

history & why it existsrecord from the source credit
  • 2016Enacted · Pub. L. 114-120 · 130 Stat. 58

A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-120 on 2016-02-08.

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