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49 U.S.C. § 109 — Maritime Administration

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 109 — Maritime Administration

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Source location: Title 49, Chapter 1, § 109; chapter-001-organization.md

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**(a) Organization and Mission.—** The Maritime Administration is an administration in the Department of Transportation. The mission of the Maritime Administration is to foster, promote, and develop the merchant maritime industry of the United States. **(b) Maritime Administrator.—** The head of the Maritime Administration is the Maritime Administrator, who is appointed by the President by and with the advice and consent of the Senate. The Administrator shall report directly to the Secretary of Transportation and carry out the duties prescribed by the Secretary. **(c) Deputy Maritime Administrator.—** The Maritime Administration shall have a Deputy Maritime Administrator, who is appointed in the competitive service by the Secretary, after consultation with the Administrator. The Deputy Administrator shall carry out the duties prescribed by the Administrator. The Deputy Administrator shall be Acting Administrator during the absence or disability of the Administrator and, unless the Secretary designates another individual, during a vacancy in the office of Administrator. **(d) Duties and Powers Vested in Secretary.—** All duties and powers of the Maritime Administration are vested in the Secretary. **(e) Regional Offices.—** The Maritime Administration shall have regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port ranges, and may have other regional offices as necessary. The Secretary shall appoint a qualified individual as Director of each regional office. The Secretary shall carry out appropriate activities and programs of the Maritime Administration through the regional offices. **(f) Interagency and Industry Relations.—** The Secretary shall establish and maintain liaison with other agencies, and with representative trade organizations throughout the United States, concerned with the transportation of commodities by water in the export and import foreign commerce of the United States, for the purpose of securing preference to vessels of the United States for the transportation of those commodities. **(g) Detailing Officers From Armed Forces.—** To assist the Secretary in carrying out duties and powers relating to the Maritime Administration, not more than five officers of the armed forces may be detailed to the Secretary at any one time, in addition to details authorized by any other law. During the period of a detail, the Secretary shall pay the officer an amount that, when added to the officer’s pay and allowances as an officer in the armed forces, makes the officer’s total pay and allowances equal to the amount that would be paid to an individual performing work the Secretary considers to be of similar importance, difficulty, and responsibility as that performed by the officer during the detail. **(h) Contracts, Cooperative Agreements, and Audits.—** (1) **Contracts and cooperative agreements.—** — In the same manner that a private corporation may make a contract within the scope of its authority under its charter, the Secretary may make contracts and cooperative agreements for the United States Government and disburse amounts to— (A) carry out the Secretary’s duties and powers under this section, subtitle V of title 46, and all other Maritime Administration programs; and (B) protect, preserve, and improve collateral held by the Secretary to secure indebtedness. (2) **Audits.—** — The financial transactions of the Secretary under paragraph (1) shall be audited by the Comptroller General. The Comptroller General shall allow credit for an expenditure shown to be necessary because of the nature of the business activities authorized by this section or subtitle V of title 46. At least once a year, the Comptroller General shall report to Congress any departure by the Secretary from this section or subtitle V of title 46. **(i) Grant Administrative Expenses.—** Except as otherwise provided by law, the administrative and related expenses for the administration of any grant programs by the Maritime Administrator may not exceed 3 percent. **(j) Authorization of Appropriations.—** (1) **In general.—** — Except as otherwise provided in this subsection, there are authorized to be appropriated such amounts as may be necessary to carry out the duties and powers of the Secretary relating to the Maritime Administration. (2) **Limitations.—** — Only those amounts specifically authorized by law may be appropriated for the use of the Maritime Administration for— (A) acquisition, construction, or reconstruction of vessels; (B) construction-differential subsidies incident to the construction, reconstruction, or reconditioning of vessels; (C) costs of national defense features; (D) payments of obligations incurred for operating-differential subsidies; (E) expenses necessary for research and development activities, including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental vessel operations; (F) the Vessel Operations Revolving Fund; (G) National Defense Reserve Fleet expenses; (H) expenses necessary to carry out part B of subtitle V of title 46; and (I) other operations and training expenses related to the development of waterborne transportation systems, the use of waterborne transportation systems, and general administration.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5314 — Positions at level III

Level III of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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15 U.S.C. § 1511 — Bureaus in Department

The following named bureaus, administrations, services, offices, and programs of the public service, and all that pertains thereto, shall be under the jurisdiction and subject to the control of the Secretary of Commerce: (1) National Oceanic and Atmospheric Administration; (2) United States Travel and Tourism Administration; (3) National Institute of Standards and Technology; (4) United States Patent and Trademark Office 11 So in original. Probably should be followed by a semicolon. (5) Bureau of the Census; and (6) such other bureaus or other organizational units as the Secretary of Commerce may from time to time establish in accordance with law.

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15 U.S.C. § 18 — Acquisition by one corporation of stock of another

No person engaged in commerce or in any activity affecting commerce shall acquire, directly or indirectly, the whole or any part of the stock or other share capital and no person subject to the jurisdiction of the Federal Trade Commission shall acquire the whole or any part of the assets of another person engaged also in commerce or in any activity affecting commerce, where in any line of commerce or in any activity affecting commerce in any section of the country, the effect of such acquisition may be substantially to lessen competition, or to tend to create a monopoly.

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50 U.S.C. § 4701 — Rights of American seamen on privately owned and operated American vessels extended to seamen employed through the War Shipping Administration; exceptions; definitions

**(a)** Officers and members of crews (hereinafter referred to as “seamen”) employed on United States or foreign flag vessels as employees of the United States through the War Shipping Administration 11 See Transfer of Functions note below. shall, with respect to (1) laws administered by the Public Health Service and the Social Security Act [[42 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section301&num=0&edition=prelim) et seq.], as amended by subsection (b)(2) and (3) of this section; (2) death, injuries, illness, maintenance and cure, loss of effects, detention, or repatriation, or claims arising therefrom not covered by the foregoing clause (1); and (3) collection of wages and bonuses and making of allotments, have all of the rights, benefits, exemptions, privileges, and liabilities, under law applicable to citizens of the United States employed as seamen on privately owned and operated American vessels. Such seamen, because of the temporary wartime character of their employment by the War Shipping Administration, shall not be considered as officers or employees of the United States for the purposes of the United States Employees Compensation Act, as amended [[5 U.S.C. 8101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8101&num=0&edition=prelim) et seq.]; the Civil Service Retirement Act, as amended [[5 U.S.C. 8331](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8331&num=0&edition=prelim) et seq.]; the Act of Congress approved March 7, 1942 (Pub. Law 490, Seventy-seventh Congress) or the Act entitled “An Act to provide benefits for the injury, disability, death, or detention of employees of contractors with the United States and certain other persons or reimbursement there

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50 U.S.C. § 4702 — Insurance awards by War Shipping Administrators; findings and actions as conclusive

**(a)** Omitted. **(b)** Whenever the Administrator, War Shipping Administration,11 See Transfer of Functions note below. finds that, on or after October 1, 1941, and before thirty days after March 24, 1943, a master, officer, or member of the crew of, or any persons transported on, a vessel owned by or chartered to the Maritime Commission, the War Shipping Administration, or the War Department 22 See Change of Name note below. or operated by, or for the account of, or at the direction or under the control of the Commission, the Administration, or the War Department, has suffered death, injury, detention, or other casualty, for which the War Shipping Administration would be authorized to provide insurance under Subtitle—Insurance of title II of the Merchant Marine Act, 1936, as amended by this Act, the Administrator may declare that such death, injury, detention, or other casualty, shall be deemed and considered to be covered by such insurance at the time of the disaster or accident, if the Administrator finds that such action is required to make equitable provision for loss or injury related to the war effort and not otherwise adequately provided for: Provided, That in making provision for insurance under this subsection the Administrator shall not provide for payments in excess of those generally provided for in comparable cases under insurance hereafter furnished under the said Subtitle—Insurance of title II, as amended: Provided further, That any money paid to any person by reason of insurance provided for under this subsection shall apply in pro tanto satisfaction of the claim of such person against the United States arising from the same loss or injury. There shall be no recovery of any money paid on account of insurance provided for the master, officers, or memb

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50 U.S.C. § 4703 — Payment of compensation; insurance

**(a)** , (b) Omitted. **(c)** In the event that a vessel the title or use and possession of which is requisitioned or taken pursuant to chapter 563 of title 46 or the Act of June 6, 1941 (Public Law 101, Seventy-seventh Congress), is in the custody of any court, State or Federal, it shall be the duty of all agents and officers of the court having possession, custody, or control of said vessel, forthwith upon the filing with the clerk of said court of a certified copy of the order of requisitioning or taking, and without further order of the court, to comply with said requisitioning or taking and to permit the representatives of the United States Maritime Commission or the War Shipping Administration,11 See Transfer of Functions note below. as the case may be, to take possession, custody, and control of said vessel. **(d)** to (k) Omitted.

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50 U.S.C. § 4704 — United States as entitled to all benefits of exemption and limitation of liability accorded to owners of vessels

The United States shall, with respect to vessels owned by or chartered to the War Shipping Administrator 11 See Transfer of Functions note below. under bareboat charter or time charter or operated directly by such Administrator or for his account, be entitled to the benefits of all exemptions and of all limitations of liability accorded by law to the owners of vessels. With respect to any such vessel, the term “the United States” shall include agents or other persons acting for or on behalf of the Administrator in connection with the operation thereof.

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50 U.S.C. § 4705 — Termination of section 4701(a); authority of United States Maritime Commission vested in Administrator of War Shipping Administration

The provisions of [section 4701(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4701/a&num=0&edition=prelim) shall remain in force until the termination of title 1 of the First War Powers Act, 1941. The termination of the provisions of such section shall not affect any act done or any right accruing or accrued, or any suit or proceeding had or commenced in any cause before such termination, but all rights and liabilities under law as modified by such provisions shall continue, and may be enforced in the same manner as if such provisions had not terminated. The authority conferred upon the United States Maritime Commission by any provision of this chapter shall be vested in and exercised by the Administrator of the War Shipping Administration 11 See Transfer of Functions note below. in conformity with the Executive order of February 7, 1942 (Numbered 9054; 7 F.R. 837), as heretofore or hereafter amended.

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49 U.S.C. § 109 — Maritime Administration

Page 55 TITLE 49—TRANSPORTATION § 109 plicable law and regulations as in effect at the time of such subsequent proceedings. ‘‘(e) CONTINUANCE OF ACTIONS AGAINST OFFICERS.—No suit, action, or other proceeding commenced by or against any officer in his or her official capacity shall abate by reason of the enactment of this Act. ‘‘(f) EXERCISE OF AUTHORITIES.—An officer or em- ployee of the Department, for purposes of performing a function transferred by this Act, may exercise all au- thorities under any other provision of law that were available with respect to the performance of that func- tion to the official responsible for the performance of the function immediately before the effective date of the transfer of the function by this Act. ‘‘(g) REFERENCES.—A reference relating to an agency, officer, or employee affected by this Act in any Federal law, Executive order, rule, regulation, or delegation of authority, or in any document pertaining to an officer or employee, is deemed to refer, as appropriate, to the agency, officer, or employee who succeeds to the func- tions transferred by this Act. ‘‘(h) DEFINITION.—In this section, the term ‘this Act’ includes the amendments made by this Act.’’ WORKFORCE MANAGEMENT Pub. L. 114–183, § 9, June 22, 2016, 130 Stat. 520, pro- vided that: ‘‘(a) REVIEW.—Not later than 1 year after the date of the enactment of this Act [June 22, 2016], the Inspector General of the Department of Transportation shall sub- mit to the Committee on Transportation and Infra- structure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a review of Pipeline and Hazardous Materials Safety Administration staff resource management, includ

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