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

Page 1198 TITLE 50—WAR AND NATIONAL DEFENSE § 4703 larations, findings, and actions of or by the Ad- ministrator under this subsection shall be final and conclusive. (c) The Administrator, War Shipping Adminis- tration, is also authorized to make payments, in accordance with rate schedules provided by the United States Employees’ Compensation Act [5 U.S.C. 8101 et seq.], to a master, officer, or mem- ber of the crew of, or any persons transported on, a vessel owned by or chartered to the Mari- time Commission or the War Shipping Adminis- tration or operated by, or for the account of, or at the direction or under the control of the Com- mission or the Administration, for permanent total or partial disability as long as such dis- ability resulting from causes related to the war effort whether heretofore or hereafter arising exists; such payments to commence if and when insurance benefits provided by the War Shipping Administration for such person shall have been exhausted. (d) The War Shipping Administration shall have the right of intervention and a lien and right of recovery in the cases and to the extent of any payments paid and payable under this section or under Subtitle—Insurance of Title II of the Merchant Marine Act, 1936, as amended, in the manner provided in the last paragraph of subsection (c) of section 105 of the Act approved December 2, 1942 (Public Law 784, 77th Congress; 42 U.S.C., sec. 1701), as amended by Public Law 216, 78th Congress, approved December 23, 1943. Any amounts recovered under this provision shall be covered into the Marine and War-risk insurance fund, War Shipping Administration. (Mar. 24, 1943, ch. 26, § 2, 57 Stat. 47; Sept. 30, 1944, ch. 451, 58 Stat. 758; Aug. 8, 1946, ch. 905, 60 Stat. 937.) Editorial Notes REFERENCES IN TEXT Title II of the Merchant Marine Act, 1936, as amend- ed, referred to in subsecs. (b) and (d), is title II of act June 29, 1936, ch. 858, 49 Stat. 1985, which was classified to sections 1128 to 1128h of former Title 46, Shipping, and which was repealed by act July 25, 1947, ch. 327, § 1, 61 Stat. 449. The United States Employees’ Compensation Act, as amended, referred to in subsec. (c), is act Sept. 7, 1916, ch. 458, 39 Stat. 742, which was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 632, and the provi- sions thereof were reenacted by the first section there- of as subchapter I (§ 8101 et seq.) of chapter 81 of Title 5, Government Organization and Employees. CODIFICATION Section was formerly classified to section 1292 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Section is comprised of section 2 of act Mar. 24, 1943. Subsec. (a) of section 2 of the Act amended section 1128a of former Title 46, Shipping. AMENDMENTS 1946—Subsec. (b). Act Aug. 8, 1946, amended subsec. (b) generally, making section applicable to employees of the War Department. 1944—Subsec. (b). Act Sept. 30, 1944, inserted sentence beginning ‘‘There shall be no’’. Subsecs. (c), (d). Act Sept. 30, 1944, added subsecs. (c) and (d). Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 207(a), (f) of act July 26, 1947, established Department of the Air Force, headed by a Secretary, and transferred functions (relat- ing to Army Air Forces) of Secretary of the Army and Department of the Army to Secretary of the Air Force and Department of the Air Force. Sections 205(a) and 207(a), (f) of act July 26, 1947, were repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’, which in sections 3010 to 3013 and 8010 to 8013 continued Departments of the Army and Air Force under adminis- trative supervision of Secretary of the Army and Sec- retary of the Air Force, respectively. EFFECTIVE DATE OF 1946 AMENDMENT Act Aug. 8, 1946, ch. 905, 60 Stat. 937, provided that the amendment made by that Act is effective as of Mar. 24, 1943. TRANSFER OF FUNCTIONS War Shipping Administration terminated as of Sept. 1, 1946, and functions, powers, duties, etc., transferred to United States Maritime Commission for period Sept. 1, 1946, to Dec. 31, 1946, for purpose of liquidating Ad- ministration, by act July 8, 1946, ch. 543, title II, § 202, 60 Stat. 501. Maritime Administration transferred from Depart- ment of Commerce to Department of Transportation by Maritime Act of 1981, Pub. L. 97–31, Aug. 6, 1981, 95 Stat. 151, which was repealed in part by Pub. L. 109–304, § 19, Oct. 6, 2006, 120 Stat. 1710. See section 109 of Title 49, Transportation. Executive Documents TRANSFER OF FUNCTIONS Maritime Commission, meaning United States Mari- time Commission, abolished by Reorg. Plan No. 21 of 1950, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1273, set out in the Appendix to Title 5, Government Organization and Employees, which transferred part of its functions and part of functions of its Chairman to Federal Mari- time Board and Chairman thereof, that Board having been created by that Plan as an agency within Depart- ment of Commerce with an independent status in some respects, and transferred remainder of that Commis- sion’s functions and functions of its Chairman to Sec- retary of Commerce, with power vested in Secretary to authorize their performance by Maritime Adminis- trator, the head of Maritime Administration, which likewise was established by the Plan in Department of Commerce with provision that Chairman of Federal Maritime Board should, ex officio, be that Adminis- trator. Federal Maritime Board, including offices of mem- bers of Board, abolished by section 304 of Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, 26 F.R. 7315, 75 Stat. 843, set out in the Appendix to Title 5, Government Organi- zation and Employees. Functions of Board transferred either to Federal Maritime Commission or to Secretary of Commerce by sections 103 and 202 of Reorg. Plan No. 7 of 1961. § 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-sev- enth Congress), is in the custody of any court, State or Federal, it shall be the duty of all Page 1199 TITLE 50—WAR AND NATIONAL DEFENSE § 4704 1 See Transfer of Functions note below. 1 See Transfer of Functions note below. agents and officers of the court having posses- sion, custody, or control of said vessel, forth- with 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 tak- ing and to permit the representatives of the United States Maritime Commission or the War Shipping Administration,1 as the case may be, to take possession, custody, and control of said vessel. (d) to (k) Omitted. (Mar. 24, 1943, ch. 26, § 3, 57 Stat. 48; July 25, 1947, ch. 327, § 1, 61 Stat. 449.) Editorial Notes REFERENCES IN TEXT The Act of June 6, 1941 (Public Law 101, Seventy-sev- enth Congress), referred to in subsec. (c), is act June 6, 1941, ch. 174, 55 Stat. 242, which was classified to former sections 1271 to 1275 of the former Appendix to this title and has been omitted from the Code as expired. CODIFICATION Section was formerly classified to section 1293 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Section is comprised of section 3 of act Mar. 24, 1943. Subsec. (a) of section 3 of the Act amended act June 6, 1941, ch. 174, § 1, 55 Stat. 242, which was classified to former section 1271 of the former Appendix to this title and has been omitted from the Code as expired. Subsec. (b) of section 3 of the Act, dealing with power of War Shipping Administrator to determine whether owner- ship of a vessel was required by the United States, ex- pired with the termination on Sept. 1, 1946, of the War Shipping Administration, as set forth in the Transfer of Functions note below. Subsec. (d) of section 3 of the Act amended section 902 of the Merchant Marine Act, 1936, act June 29, 1936, ch. 858, title IX, § 902, 49 Stat. 2015, which was classified to section 1242 of the former Appendix to Title 46, Shipping, prior to repeal by Pub. L. 109–304, § 19, Oct. 6, 2006, 120 Stat. 1710, and which was reenacted as chapter 563 of Title 46, Shipping. Subsecs. (e) to (h) of section 3 of the Act amended sections 1128b to 1128e, respectively, of former Title 46, Shipping. Sub- sec. (i) of section 3 of the Act enacted section 1128h of former Title 46 and was repealed by act July 25, 1947, ch. 327, § 1, 61 Stat. 449. Subsecs. (j) and (k) of section 3 of the Act amended sections 3 and 4 of act June 6, 1941, ch. 174, 55 Stat. 243, 244, which were classified to former sections 1273 and 1274, respectively, of the former Appendix to this title and have been omitted from the Code as expired. In subsec. (c), ‘‘chapter 563 of title 46’’ substituted for ‘‘section 902 of the Merchant Marine Act, 1936, as amended,’’ on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted chapter 563 of Title 46, Shipping. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS War Shipping Administration terminated as of Sept. 1, 1946, and functions, powers, duties, etc., transferred to United States Maritime Commission for period Sept. 1, 1946, to Dec. 31, 1946, for purpose of liquidating Ad- ministration, by act July 8, 1946, ch. 543, title II, § 202, 60 Stat. 501. Maritime Administration transferred from Depart- ment of Commerce to Department of Transportation by Maritime Act of 1981, Pub. L. 97–31, Aug. 6, 1981, 95 Stat. 151, which was repealed in part by Pub. L. 109–304, § 19, Oct. 6, 2006, 120 Stat. 1710. See section 109 of Title 49, Transportation. VESSEL OPERATIONS UNDER REVOLVING FUND Vessel operations conducted under Vessel Operations Revolving Fund, applicability of subsec. (c) of this sec- tion to, see section 50301(a) to (e) of Title 46, Shipping. Executive Documents TRANSFER OF FUNCTIONS United States Maritime Commission abolished by Reorg. Plan No. 21, 1950, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1273, set out in the Appendix to Title 5, Govern- ment Organization and Employees, which transferred part of its functions and part of functions of its Chair- man to Federal Maritime Board and Chairman thereof, that Board having been created by that Plan as an agency within Department of Commerce with an inde- pendent status in some respects, and transferred re- mainder of Commission’s functions and functions of its Chairman to Secretary of Commerce, with power vest- ed in Secretary to authorize their performance by Mar- itime Administrator, the head of Maritime Administra- tion, which likewise was established by the Plan in De- partment of Commerce with provision that Chairman of Federal Maritime Board should, ex officio, be that Administrator. Federal Maritime Board, including offices of mem- bers of Board, abolished by section 304 of Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, 26 F.R. 7315, 75 Stat. 843, set out in the Appendix to Title 5, Government Organi- zation and Employees. Functions of Board transferred either to Federal Maritime Commission or to Secretary of Commerce by sections 103 and 202 of Reorg. Plan No. 7 of 1961. § 4704. United States as entitled to all benefits of exemption and limitation of liability ac- corded to owners of vessels The United States shall, with respect to ves- sels owned by or chartered to the War Shipping Administrator 1 under bareboat charter or time charter or operated directly by such Adminis- trator or for his account, be entitled to the ben- efits of all exemptions and of all limitations of liability accorded by law to the owners of ves- sels. With respect to any such vessel, the term ‘‘the United States’’ shall include agents or other persons acting for or on behalf of the Ad- ministrator in connection with the operation thereof. (Mar. 24, 1943, ch. 26, § 4, 57 Stat. 51.) Editorial Notes CODIFICATION Section was formerly classified to section 1294 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS War Shipping Administration terminated as of Sept. 1, 1946, and functions, powers, duties, etc., transferred to United States Maritime Commission for period Sept. 1, 1946, to Dec. 31, 1946, for purpose of liquidating Ad- ministration, by act July 8, 1946, ch. 543, title II, § 202, 60 Stat. 501. Maritime Administration transferred from Depart- ment of Commerce to Department of Transportation by Maritime Act of 1981, Pub. L. 97–31, Aug. 6, 1981, 95 Stat.