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

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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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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, including— ‘‘(1) geographic allocation plans, hiring and time- to-hire challenges, and expected retirement rates and recruitment and retention strategies; ‘‘(2) an identification and description of any pre- vious periods of macroeconomic and pipeline industry conditions under which the Pipeline and Hazardous Materials Safety Administration has encountered dif- ficulty in filling vacancies, and the degree to which special hiring authorities, including direct hiring au- thority authorized by the Office of Personnel Man- agement, could have ameliorated such difficulty; and ‘‘(3) recommendations to address hiring challenges, training needs, and any other identified staff resource challenges. ‘‘(b) DIRECT HIRING.—Upon identification of a period described in subsection (a)(2), the Administrator of the Pipeline and Hazardous Materials Safety Administra- tion may apply to the Office of Personnel Management for the authority to appoint qualified candidates to any position relating to pipeline safety, as determined by the Administrator, without regard to sections 3309 through 3319 of title 5, United States Code. ‘‘(c) SAVINGS CLAUSE.—Nothing in this section shall preclude the Administrator of the Pipeline and Haz- ardous Materials Safety Administration from applying to the Office of Personnel Management for the author- ity described in subsection (b) prior to the completion of the report required under subsection (a).’’ TRANSFER OF DUTIES AND POWERS OF RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION Pub. L. 108–426, § 2(b), Nov. 30, 2004, 118 Stat. 2424, pro- vided that: ‘‘The authority of the Research and Special Programs Administration exercised under chapters 51, 57, 61, 601, and 603 of title 49, United States Code, is transferred to the Administrator of the Pipeline and Hazardous Materials Safety Administration.’’ For transfer of authority of the Research and Special Programs Administration, other than authority exer- cised under chapters 51, 57, 61, 601, and 603 of this title, to the Administrator of the Research and Innovative Technology Administration, see section 4(b) of Pub. L. 108–426, set out as a note under former section 112 of this title. Pub. L. 108–426, § 7, Nov. 30, 2004, 118 Stat. 2428, pro- vided that: ‘‘The Secretary shall provide for the orderly transfer of duties and powers under this Act [see Short Title of 2004 Amendment note set out under section 101 of this title], including the amendments made by this Act, as soon as practicable but not later than 90 days after the date of enactment of this Act [Nov. 30, 2004].’’ REPORTS Pub. L. 108–426, § 6, Nov. 30, 2004, 118 Stat. 2428, pro- vided that: ‘‘(a) REPORTS BY THE INSPECTOR GENERAL.—Not later than 30 days after the date of enactment of this Act [Nov. 30, 2004], the Inspector General of the Department of Transportation shall submit to the Secretary of Transportation and the Administrator of the Pipeline and Hazardous Materials Safety Administration a re- port containing the following: ‘‘(1) A list of each statutory mandate regarding pipeline safety or hazardous materials safety that has not been implemented. ‘‘(2) A list of each open safety recommendation made by the National Transportation Safety Board or the Inspector General regarding pipeline safety or hazardous materials safety. ‘‘(b) REPORTS BY THE SECRETARY.— ‘‘(1) STATUTORY MANDATES.—Not later than 90 days after the date of enactment of this Act, and every 180 days thereafter until each of the mandates referred to in subsection (a)(1) has been implemented, the Sec- retary shall transmit to the Committee on Transpor- tation and Infrastructure and the Committee on En- ergy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the specific actions taken to implement such mandates. ‘‘(2) NTSB AND INSPECTOR GENERAL RECOMMENDA- TIONS.—Not later than January 1st of each year, the Secretary shall transmit to the Committee on Trans- portation and Infrastructure and the Committee on Energy and Commerce of the House of Representa- tives and the Committee on Commerce, Science, and Transportation of the Senate a report containing each recommendation referred to in subsection (a)(2) and a copy of the Department of Transportation re- sponse to each such recommendation.’’ § 109. Maritime Administration (a) ORGANIZATION AND MISSION.—The Maritime Administration is an administration in the De- partment 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 Ad- ministrator, who is appointed by the President by and with the advice and consent of the Sen- ate. 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 Dep- uty Administrator shall carry out the duties prescribed by the Administrator. The Deputy Administrator shall be Acting Administrator during the absence or disability of the Adminis- trator and, unless the Secretary designates an- other individual, during a vacancy in the office of Administrator. (d) DUTIES AND POWERS VESTED IN SEC- RETARY.—All duties and powers of the Maritime Administration are vested in the Secretary. Page 56 TITLE 49—TRANSPORTATION § 109 (e) REGIONAL OFFICES.—The Maritime Admin- istration shall have regional offices for the At- lantic, Gulf, Great Lakes, and Pacific port ranges, and may have other regional offices as necessary. The Secretary shall appoint a quali- fied individual as Director of each regional of- fice. The Secretary shall carry out appropriate activities and programs of the Maritime Admin- istration through the regional offices. (f) INTERAGENCY AND INDUSTRY RELATIONS.— The Secretary shall establish and maintain liai- son 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 Ad- ministration, not more than five officers of the armed forces may be detailed to the Secretary at any one time, in addition to details author- ized by any other law. During the period of a de- tail, 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 in- dividual performing work the Secretary con- siders to be of similar importance, difficulty, and responsibility as that performed by the offi- cer during the detail. (h) CONTRACTS, COOPERATIVE AGREEMENTS, AND AUDITS.— (1) CONTRACTS AND COOPERATIVE AGREE- MENTS.—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 coopera- tive agreements for the United States Govern- ment 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 collat- eral held by the Secretary to secure indebt- edness. (2) AUDITS.—The financial transactions of the Secretary under paragraph (1) shall be au- dited by the Comptroller General. The Comp- troller General shall allow credit for an ex- penditure shown to be necessary because of the nature of the business activities author- ized 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 Adminis- trator may not exceed 3 percent. (j) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—Except as otherwise pro- vided 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 Ad- ministration. (2) LIMITATIONS.—Only those amounts spe- cifically authorized by law may be appro- priated for the use of the Maritime Adminis- tration for— (A) acquisition, construction, or recon- struction of vessels; (B) construction-differential subsidies in- cident 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 de- velopment activities, including reimburse- ment 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 ex- penses; (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 water- borne transportation systems, and general administration. (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 103–272, § 5(m)(5), July 5, 1994, 108 Stat. 1375; Pub. L. 109–304, § 12, Oct. 6, 2006, 120 Stat. 1698; Pub. L. 111–84, div. C, title XXXV, § 3508, Oct. 28, 2009, 123 Stat. 2721; Pub. L. 111–383, div. A, title X, § 1075(d)(26), Jan. 7, 2011, 124 Stat. 4374; Pub. L. 112–213, title IV, § 409, Dec. 20, 2012, 126 Stat. 1572; Pub. L. 114–328, div. C, title XXXV, § 3505(g), Dec. 23, 2016, 130 Stat. 2776.) HISTORICAL AND REVISION NOTES PUB. L. 97–449 Revised Section Source (U.S. Code) Source (Statutes at Large) 109 ............. (no source). The section is included to provide in chapter 1 of the revised title a complete list of the organizational units established by law that are in the Department of Transportation or are subject to the direction and su- pervision of the Secretary of Transportation. PUB. L. 109–304 Revised Section Source (U.S. Code) Source (Statutes at Large) 109(a) ......... 46 App.:1111 note. Reorg. Plan No. 21 of 1950, eff. May 24, 1950, § 201, 64 Stat. 1276. 46 App.:1601. Pub. L. 97–31, § 2, Aug. 6, 1981, 95 Stat. 151. 109(b) ......... 46 App.:1111 note. Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, § 201, 75 Stat. 842; Pub. L. 88–426, title III, § 305(19)(B), Aug. 14, 1964, 78 Stat. 425; Pub. L. 91–469, § 38(a), Oct. 21, 1970, 84 Stat. 1036. 46 App.:1603. Pub. L. 97–31, § 4, Aug. 6, 1981, 95 Stat. 151. 109(c) ......... 46 App.:1111 note. Reorg. Plan No. 21 of 1950, eff. May 24, 1950, § 203, 64 Stat. 1276. 109(d) ......... 46 App.:1111 note. Reorg. Plan No. 21 of 1950, eff. May 24, 1950, § 204, 64 Stat. 1276. 46 App.:1602. Pub. L. 97–31, § 3, Aug. 6, 1981, 95 Stat. 151. Page 57 TITLE 49—TRANSPORTATION § 109 PUB. L. 109–304—Continued Revised Section Source (U.S. Code) Source (Statutes at Large) 109(e) ......... 46 App.:1213(b). June 29, 1936, ch. 858, title VIII, § 809(b), as added Pub. L. 94–10, § 3, Mar. 23, 1975, 89 Stat. 16; Pub. L. 97–31, § 12(121), Aug. 6, 1981, 95 Stat. 164. 109(f) .......... 46 App.:1122(d). June 29, 1936, ch. 858, title II, § 212(d), 49 Stat. 1990; Pub. L. 97–31, § 12(69), Aug. 6, 1981, 95 Stat. 159. 109(g) ......... 46 App.:1111(f) (2d sentence related to Secretary). June 29, 1936, ch. 858, title II, § 201(f) (2d sentence re- lated to Secretary), 49 Stat. 1986; Aug. 4, 1939, ch. 417, § 4, 53 Stat. 1182; Pub. L. 97–31, § 12(58)(D), Aug. 6, 1981, 95 Stat. 158. 109(h) ......... 46 App.:1117 (related to Secretary). June 29, 1936, ch. 858, title II, § 207 (related to Sec- retary), 49 Stat. 1988; June 23, 1938, ch. 600, § 2, 52 Stat. 954; Pub. L. 97–31, § 12(64), Aug. 6, 1981, 95 Stat. 159; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814. 109(i)(1) ...... 46 App.:1119(a). June 29, 1936, ch. 858, title II, § 209, 49 Stat. 1988; Aug. 26, 1937, ch. 822, § 3, 50 Stat. 839; Pub. L. 90–81, Sept. 5, 1967, 81 Stat. 193; Pub. L. 91–469, § 2, Oct. 21, 1970, 84 Stat. 1018; Pub. L. 95–173, Nov. 12, 1977, § 6(a), 91 Stat. 1360; Pub. L. 96–387, § 4, Oct. 7, 1980, 94 Stat. 1546; Pub. L. 96–453, § 3(a), Oct. 15, 1980, 94 Stat. 2008; Pub. L. 97–31, § 12(66), Aug. 6, 1981, 95 Stat. 159. 109(i)(2) ...... 46 App.:1119(b). 109(i)(3) ...... 46 App.:1295c–1. Pub. L. 100–202, § 101(a) [title V (4th proviso on p. 1329–28)], Dec. 22, 1987, 101 Stat. 1329, 1329–28. In subsection (b), the words ‘‘The Assistant Secretary of Commerce for Maritime Affairs shall, ex officio, be the Administrator’’ in section 201 of Reorganization Plan No. 7 of 1961 are omitted as superseded by 46 App. U.S.C. 1601 and 1603. The words ‘‘and who shall be com- pensated at the rate provided for level III of the Execu- tive Schedule’’ in 46 App. U.S.C. 1603 are omitted as un- necessary because of 5 U.S.C. 5314. In subsection (c), the word ‘‘Secretary’’ means the ‘‘Secretary of Transportation’’ because under 46 App. U.S.C. 1602 all functions, powers, and duties relating to the Maritime Administration were transferred from the Secretary of Commerce to the Secretary of Transpor- tation. The words ‘‘in the competitive service’’ are sub- stituted for ‘‘under the classified civil service’’ because of 5 U.S.C. 2102(c). The words ‘‘Provided, That such Dep- uty Administrator shall at no time sit as a member or acting member of the Federal Maritime Board’’ are omitted as obsolete because the Federal Maritime Board was abolished by section 304 of Reorganization Plan No. 7 of 1961 (46 App. U.S.C. 1111 note). In subsection (f), the words ‘‘vessels of the United States’’ are substituted for ‘‘vessels of United States registry’’ because of the definition of ‘‘vessel of the United States’’ in chapter 1 of the revised title. In subsection (g), the words ‘‘equal to the amount that would be paid to an individual performing work the Secretary considers to be of similar importance, difficulty, and responsibility’’ are substituted for ‘‘equal to the pay and allowances he would receive if he were the incumbent of an office or position in such service (or in the corresponding executive department), which, in the opinion of . . . the Secretary of Transpor- tation, involves the performance of work similar in im- portance, difficulty, and responsibility’’ to eliminate unnecessary words. In subsection (h)(2), the words ‘‘according to approved commercial practice as provided in the Act of March 20, 1922 (42 Stat. 444)’’ are omitted as obsolete and unneces- sary. In subsection (i)(2), the words ‘‘Notwithstanding any other provision of this chapter or any other law’’ are omitted as unnecessary. In clause (G), the words ‘‘Na- tional Defense Reserve Fleet’’ are substituted for ‘‘re- serve fleet’’ for clarity. Clause (H) is substituted for ‘‘(7) maritime training at the Merchant Marine Acad- emy at Kings Point, New York’’, ‘‘(8) financial assist- ance to State maritime academies under section 1295c of this Appendix’’, ‘‘(10) expenses necessary for addi- tional training provided under section 1295d of this Ap- pendix’’, and ‘‘(10) expenses necessary to carry out sub- chapter XIII of this chapter’’ because of the reorganiza- tion of revised title 46 and to eliminate unnecessary words. The text of 46 App. U.S.C. 1119 (proviso) is omit- ted as obsolete. Editorial Notes AMENDMENTS 2016—Subsec. (j)(3). Pub. L. 114–328 struck out par. (3). Text read as follows: ‘‘Amounts may not be appro- priated for the purchase or construction of training vessels for State maritime academies unless the Sec- retary has approved a plan for sharing training vessels between State maritime academies.’’ 2012—Subsec. (a). Pub. L. 112–213 substituted ‘‘Organi- zation and Mission’’ for ‘‘Organization’’ in heading and inserted at end of text ‘‘The mission of the Maritime Administration is to foster, promote, and develop the merchant maritime industry of the United States.’’ 2011—Subsec. (h). Pub. L. 111–383 made technical amendment to directory language of Pub. L. 111–84, § 3508(1). See 2009 Amendment note below. 2009—Subsec. (h). Pub. L. 111–84, § 3508(1), as amended by Pub. L. 111–383, substituted ‘‘Contracts, Cooperative Agreements, and Audits’’ for ‘‘Contracts and Audits’’ in heading. Subsec. (h)(1). Pub. L. 111–84, § 3508(2), (3), substituted ‘‘Contracts and cooperative agreements’’ for ‘‘Con- tracts’’ in heading and ‘‘make contracts and coopera- tive agreements’’ for ‘‘make contracts’’ in introductory provisions. Subsec. (h)(1)(A). Pub. L. 111–84, § 3508(4), (5), sub- stituted ‘‘section,’’ for ‘‘section and’’ and ‘‘title 46, and all other Maritime Administration programs;’’ for ‘‘title 46;’’. Subsecs. (i), (j). Pub. L. 111–84, § 3508(6), added subsec. (i) and redesignated former subsec. (i) as (j). 2006—Pub. L. 109–304 amended section generally. Prior to amendment, section read as follows: ‘‘(a) The Maritime Administration transferred by sec- tion 2 of the Maritime Act of 1981 (46 App. U.S.C. 1601) is an administration in the Department of Transpor- tation. ‘‘(b) The Administrator of the Administration ap- pointed under section 4 of the Maritime Act of 1981 (46 App. U.S.C. 1603) reports directly to the Secretary of Transportation.’’ 1994—Pub. L. 103–272 inserted ‘‘App.’’ after ‘‘(46’’ in subsecs. (a) and (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111–383, div. A, title X, § 1075(d), Jan. 7, 2011, 124 Stat. 4372, provided that the amendment by section 1075(d)(26) is effective as of Oct. 28, 2009, and as if in- cluded in Pub. L. 111–84 as enacted. REFERENCES IN OTHER FEDERAL LAWS TO FUNCTIONS OR OFFICES TRANSFERRED Pub. L. 97–31, § 10, Aug. 6, 1981, 95 Stat. 153, provided that: ‘‘With respect to any function or office trans- ferred by this Act [see Tables for classification] and ex- ercised on or after the effective date of this Act [Aug. 6, 1981], reference in any other Federal law to the Mari- time Administration or any of its predecessor agencies or any officer or office the functions of which are so transferred shall be deemed to refer to the Secretary of Page 58 TITLE 49—TRANSPORTATION § 110 Transportation, other official, or component of the De- partment of Transportation to which this Act transfers such functions.’’ WORKFORCE PLANS AND ONBOARDING POLICIES Pub. L. 114–328, div. C, title XXXV, § 3519, Dec. 23, 2016, 130 Stat. 2792, provided that: ‘‘(a) WORKFORCE PLANS.—Not later than 9 months after the date of the enactment of this Act [Dec. 23, 2016], the Maritime Administrator shall review the Maritime Administration’s workforce plans, including its Strategic Human Capital Plan and Leadership Suc- cession Plan, and fully implement competency models for mission-critical occupations, including— ‘‘(1) leadership positions; ‘‘(2) human resources positions; and ‘‘(3) transportation specialist positions. ‘‘(b) ONBOARDING POLICIES.—Not later than 9 months after the date of the enactment of this Act, the Mari- time Administrator shall— ‘‘(1) review the Maritime Administration’s policies related to new hire orientation, training, and mis- conduct; ‘‘(2) align the onboarding policies and procedures at headquarters and the field offices to ensure con- sistent implementation and provision of critical in- formation across the Maritime Administration; and ‘‘(3) update the Maritime Administration’s training policies and training systems to include controls that ensure that all completed training is tracked in a standardized training repository. ‘‘(c) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Maritime Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Rep- resentatives that describes the Maritime Administra- tion’s compliance with the requirements under this section.’’ DRUG AND ALCOHOL POLICY Pub. L. 114–328, div. C, title XXXV, § 3520, Dec. 23, 2016, 130 Stat. 2792, provided that: ‘‘(a) REVIEW.—Not later than 9 months after the date of the enactment of this Act [Dec. 23, 2016], the Mari- time Administrator shall— ‘‘(1) review the Maritime Administration’s drug and alcohol policies, procedures, and training practices; ‘‘(2) ensure that all fleet managers have received training on the Department of Transportation’s drug and alcohol policy, including the testing procedures used by the Department and the Maritime Adminis- tration in cases of reasonable suspicion; and ‘‘(3) institute a system for tracking all drug and al- cohol policy training conducted under paragraph (2) in a standardized training repository. ‘‘(b) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Maritime Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Rep- resentatives that describes the Maritime Administra- tion’s compliance with the requirements under this section.’’ EXPANSION OF THE MARINE VIEW SYSTEM Pub. L. 111–84, div. C, title XXXV, § 3516, Oct. 28, 2009, 123 Stat. 2725, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) MARINE TRANSPORTATION SYSTEM.—The term ‘marine transportation system’ means the navigable water transportation system of the United States, in- cluding the vessels, ports (and intermodal connec- tions thereto), and shipyards and other vessel repair facilities that are components of that system. ‘‘(2) MARINE VIEW SYSTEM.—The term ‘Marine View system’ means the information system of the Mari- time Administration known as Marine View. ‘‘(b) PURPOSES.—The purposes of this section are— ‘‘(1) to expand the Marine View system; and ‘‘(2) to provide support for the strategic require- ments of the marine transportation system and its contribution to the economic viability of the United States. ‘‘(c) EXPANSION OF MARINE VIEW SYSTEM.—To accom- plish the purposes of this section, the Secretary of Transportation shall expand the Marine View system so that such system is able to identify, collect, inte- grate, secure, protect, store, and securely distribute throughout the marine transportation system informa- tion that— ‘‘(1) provides access to many disparate marine transportation system data sources; ‘‘(2) enables a system-wide view of the marine transportation system; ‘‘(3) fosters partnerships between the Government of the United States and private entities; ‘‘(4) facilitates accurate and efficient modeling of the entire marine transportation system environ- ment; ‘‘(5) monitors and tracks threats to the marine transportation system, including areas of severe weather or reported piracy; and ‘‘(6) provides vessel tracking and rerouting, as ap- propriate, to ensure that the economic viability of the United States waterways is maintained.’’ § 110. Great Lakes St. Lawrence Seaway Develop- ment Corporation (a) The Great Lakes St. Lawrence Seaway De- velopment Corporation established under sec- tion 1 of the Act of May 13, 1954 (33 U.S.C. 981), is subject to the direction and supervision of the Secretary of Transportation. (b) The Administrator of the Corporation ap- pointed under section 2 of the Act of May 13, 1954 (33 U.S.C. 982), reports directly to the Secretary. (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2418; Pub. L. 103–272, § 4(j)(5)(A), July 5, 1994, 108 Stat. 1366; Pub. L. 116–260, div. AA, title V, § 512(c)(7)(A)(i), Dec. 27, 2020, 134 Stat. 2757.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 110(a) ......... (no source). 110(b) ......... 33:981 (note). Oct. 15, 1966, Pub. L. 89–670, § 8(g)(2), 80 Stat. 943. Subsection (a) is included to provide in chapter 1 of the revised title a complete list of the organizational units established by law that are in the Department of Transportation or are subject to the direction and su- pervision of the Secretary of Transportation. Editorial Notes AMENDMENTS 2020—Pub. L. 116–260, § 512(c)(7)(A)(i)(I), substituted ‘‘Great Lakes St. Lawrence Seaway Development Cor- poration’’ for ‘‘Saint Lawrence Seaway Development Corporation’’ in section catchline. Subsec. (a). Pub. L. 116–260, § 512(c)(7)(A)(i)(II), sub- stituted ‘‘Great Lakes St. Lawrence Seaway Develop- ment Corporation’’ for ‘‘Saint Lawrence Seaway Devel- opment Corporation’’. 1994—Subsec. (a). Pub. L. 103–272 substituted ‘‘Saint Lawrence’’ for ‘‘St. Lawrence’’. [§ 111. Repealed. Pub. L. 112–141, div. E, title II, § 52011(c)(1), July 6, 2012, 126 Stat. 895] Section, added Pub. L. 102–240, title VI, § 6006(a), Dec. 18, 1991, 105 Stat. 2172; amended Pub. L. 104–287, § 5(2),

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

33 U.S.C. § 981 — Creation of Corporation

There is hereby created, subject to the direction and supervision of the Secretary of Transportation, a body corporate to be known as the Great Lakes St. Lawrence Seaway Development Corporation (hereinafter referred to as the “Corporation”).

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 981

Stored review status: release_metadata_unconfirmed. The source passage cites 33 U.S.C. § 981. This identifies an authority to review, not proof of applicability.

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

33 U.S.C. § 981 — Creation of Corporation

Page 318 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 949 Editorial Notes AMENDMENTS 1984—Pub. L. 98–426 inserted after first sentence ‘‘The discharge or refusal to employ a person who has been adjudicated to have filed a fraudulent claim for com- pensation is not a violation of this section.’’, sub- stituted ‘‘$1,000’’ for ‘‘$100’’, and substituted ‘‘$5,000’’ for ‘‘$1,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title. EFFECTIVE DATE Section effective 30 days after Oct. 27, 1972, see sec- tion 22 of Pub. L. 92–576, set out as an Effective Date of 1972 Amendment note under section 902 of this title. § 949. Effect of unconstitutionality If any part of this chapter is adjudged uncon- stitutional by the courts, and such adjudication has the effect of invalidating any payment of compensation under this chapter, the period in- tervening between the time the injury was sus- tained and the time of such adjudication shall not be computed as a part of the time prescribed by law for the commencement of any action against the employer in respect of such injury; but the amount of any compensation paid under this chapter on account of such injury shall be deducted from the amount of damages awarded in such action in respect of such injury. (Mar. 4, 1927, ch. 509, § 50 formerly § 49, 44 Stat. 1446; renumbered § 50, Pub. L. 92–576, § 19, Oct. 27, 1972, 86 Stat. 1263.) § 950. Separability If any provision of this chapter is declared un- constitutional or the applicability thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and the applica

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

33 U.S.C. § 982 — Management of Corporation; appointment of Administrator; terms; vacancy; Advisory Board; establishment; membership; meetings; duties; compensation and expenses

**(a)** The management of the corporation shall be vested in an Administrator who shall be appointed by the President. Any Administrator appointed to fill a vacancy in that position prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. **(b)** There is established the Advisory Board of the Great Lakes St. Lawrence Seaway Development Corporation which shall be composed of five members appointed by the President, by and with the advice and consent of the Senate, not more than three of whom shall belong to the same political party. The Advisory Board shall meet at the call of the Administrator, who shall require it to meet not less often than once each ninety days; shall review the general policies of the Corporation, including its policies in connection with design and construction of facilities and the establishment of rules of measurement for vessels and cargo and rates of charges or tolls; and shall advise the Administrator with respect thereto. Members of the Advisory Board shall receive for their services as members compensation of not to exceed $50 per diem when actually engaged in the performance of their duties, together with their necessary traveling expenses while going to and coming from meetings.

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

33 U.S.C. § 982 — Management of Corporation; appointment

Page 319 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 983 § 982. Management of Corporation; appointment of Administrator; terms; vacancy; Advisory Board; establishment; membership; meetings; duties; compensation and expenses (a) The management of the corporation shall be vested in an Administrator who shall be ap- pointed by the President. Any Administrator ap- pointed to fill a vacancy in that position prior to the expiration of the term for which his pred- ecessor was appointed shall be appointed for the remainder of such term. (b) There is established the Advisory Board of the Great Lakes St. Lawrence Seaway Develop- ment Corporation which shall be composed of five members appointed by the President, by and with the advice and consent of the Senate, not more than three of whom shall belong to the same political party. The Advisory Board shall meet at the call of the Administrator, who shall require it to meet not less often than once each ninety days; shall review the general policies of the Corporation, including its policies in con- nection with design and construction of facili- ties and the establishment of rules of measure- ment for vessels and cargo and rates of charges or tolls; and shall advise the Administrator with respect thereto. Members of the Advisory Board shall receive for their services as members com- pensation of not to exceed $50 per diem when ac- tually engaged in the performance of their du- ties, together with their necessary traveling ex- penses while going to and coming from meet- ings. (May 13, 1954, ch. 201, § 2, 68 Stat. 93; Pub. L. 93–615, § 1, Jan. 2, 1975, 88 Stat. 1977; Pub. L. 112–166, § 2(x), Aug. 10, 2012, 126 Stat. 1289; Pub. L. 116–260, div. AA, title V, § 512(a)(2), Dec. 27, 2020, 134 Stat. 2756.) Editorial

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 982

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

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

**(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 througho

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

5 U.S.C. § 2102 — The competitive service

**(a)** The “competitive service” consists of— (1) all civil service positions in the executive branch, except— (A) positions which are specifically excepted from the competitive service by or under statute; (B) positions to which appointments are made by nomination for confirmation by the Senate, unless the Senate otherwise directs; and (C) positions in the Senior Executive Service; (2) civil service positions not in the executive branch which are specifically included in the competitive service by statute; and (3) positions in the government of the District of Columbia which are specifically included in the competitive service by statute. **(b)** Notwithstanding subsection (a)(1)(B) of this section, the “competitive service” includes positions to which appointments are made by nomination for confirmation by the Senate when specifically included therein by statute. **(c)** As used in other Acts of Congress, “classified civil service” or “classified service” means the “competitive service”.

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

5 U.S.C. § 2102 — The competitive service

Page 300 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 2101a United States, except positions in the uni- formed services; (2) ‘‘armed forces’’ means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard; and (3) ‘‘uniformed services’’ means the armed forces, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Admin- istration. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 408; Pub. L. 90–83, § 1(4), Sept. 11, 1967, 81 Stat. 196; Pub. L. 96–54, § 2(a)(4), Aug. 14, 1979, 93 Stat. 381; Pub. L. 116–283, div. A, title IX, § 927(a), Jan. 1, 2021, 134 Stat. 3831.) HISTORICAL AND REVISION NOTES 1966 ACT The section is supplied to establish basis of reference to employees in this title. 1967 ACT This section amends various sections [§§ 2101, 4102, 4109, 5541, 8101] of title 5, United States Code, to reflect 1965 Reorganization Plan No. 2 (79 Stat. 1318), effective July 13, 1965, which consolidated the Coast and Geo- detic Survey and the Weather Bureau to form a new agency in the Department of Commerce to be known as the Environmental Science Services Administration. Editorial Notes AMENDMENTS 2021—Par. (2). Pub. L. 116–283 inserted ‘‘Space Force,’’ after ‘‘Marine Corps’’. 1979—Par. (3). Pub. L. 96–54 substituted ‘‘National Oceanic and Atmospheric’’ for ‘‘Environmental Science Services’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title. SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–339, § 1, Oct. 31, 1998, 112 Stat. 3182, pro- vided that: ‘‘This Act [enacting sections 3330a to 3330c of this title, section 13

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 2102

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

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

Page 553 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5314 cessor position created by section 2 of this Act [section 2212b of Title 7].’’ EFFECTIVE DATE OF 1974 AMENDMENT Amendment of Pub. L. 93–438 effective 120 days after Oct. 11, 1974, or on such earlier date as President may prescribe and publish in Federal Register, except that officers provided for in sections 5811 to 5820 of Title 42, The Public Health and Welfare, may be nominated and appointed at any time after Oct. 11, 1974, see section 312(a) of Pub. L. 93–438, set out as an Effective Date; In- terim Appointments note under section 5801 of Title 42. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92–302 effective May 18, 1972, see section 3 of Pub. L. 92–302, May 18, 1972, 86 Stat. 149. EFFECTIVE DATE OF 1968 AMENDMENT Pub. L. 90–407, § 15(a)(4), July 18, 1968, 82 Stat. 367, pro- vided that: ‘‘The amendments made by this subsection [amending sections 5313, 5314, and 5316 of this title] (and the amendments made by sections 3 and 4 of this Act [amending section 1864 and enacting section 1864a of Title 42, The Public Health and Welfare] insofar as they relate to rates of basic pay) shall take effect on the first day of the first calendar month which begins on or after the date of the enactment of this Act [July 18, 1968].’’ EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89–670 effective April 1, 1967, see section 16(a), formerly § 15(a), of Pub. L. 89–670, and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the Transportation Security Administra- tion of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Tran

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 5314

Stored review status: historical_2024_not_currentness_verified. The source passage cites 5 U.S.C. § 5314. This identifies an authority to review, not proof of applicability.