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49 U.S.C. § 109Maritime Administration

submitted 43 years ago by Pub. L. 97-449 to r/title-49-TRANSPORTATION · 784 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates the Maritime Administration inside the Department of Transportation to support the U.S. merchant maritime industry. The Maritime Administrator leads it and reports to the Secretary of Transportation. The Administration has regional offices, can sign contracts, and gets a limited budget for grant administration.

(a) Organization and mission. The Maritime Administration is part of the Department of Transportation. Its job is to foster, promote, and develop the United States' merchant maritime industry. (b) Maritime Administrator. The agency's head is the Maritime Administrator, appointed by the President with Senate approval. The Administrator reports to the Secretary of Transportation and carries out whatever duties the Secretary assigns. (c) Deputy Maritime Administrator. There's also a Deputy Administrator, appointed by the Secretary after talking with the Administrator. The Deputy carries out duties the Administrator assigns, and becomes Acting Administrator whenever the Administrator is absent, disabled, or the position is vacant — unless the Secretary names someone else instead. (d) Duties and powers vested in Secretary. Legally, all of the Maritime Administration's duties and powers actually belong to the Secretary of Transportation. (e) Regional offices. The Administration must have regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port areas, and may open others as needed. The Secretary appoints a qualified Director for each region and carries out the Administration's programs through them. (f) Interagency and industry relations. The Secretary must stay in contact with other agencies and trade groups involved in shipping goods by water in foreign trade, to help U.S.-flagged ships get preference for carrying that cargo. (g) Detailing officers from armed forces. Up to five armed-forces officers can be assigned to help the Secretary with Maritime Administration work at any one time. While detailed, an officer's total pay (military pay plus this extra pay) must match what someone doing similarly important, difficult, and responsible work would earn. (h) Contracts, cooperative agreements, and audits. (1) The Secretary can sign contracts and cooperative agreements, and spend government money, the way a private company could under its charter — to carry out duties under this section and title 46, and to protect and improve property held as collateral for debts. (2) The Comptroller General must audit these financial dealings each year, can approve necessary business expenses, and must report to Congress at least once a year about any departures from the law. (i) Grant administrative expenses. Unless another law says otherwise, the Maritime Administrator can't spend more than 3 percent of grant funds on administering those grant programs. (j) Authorization of appropriations. (1) Congress can appropriate whatever money is needed to run the Maritime Administration, except as limited below. (2) Money can only be spent on certain listed things if a law specifically authorizes it — for example: building, buying, or fixing up vessels; construction subsidies; national-defense features; operating subsidies; research and development (including the Vessel Operations Revolving Fund); that Fund itself; the National Defense Reserve Fleet; carrying out part B of subtitle V of title 46; and other operations and training tied to waterborne transportation.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1983Enacted · Pub. L. 97-449 · 96 Stat. 2417
  • 1994Amended · Pub. L. 103-272 · 108 Stat. 1375
  • 2006Amended · Pub. L. 109-304 · 120 Stat. 1698
  • 2009Amended · Pub. L. 111-84 · 123 Stat. 2721
  • 2011Amended · Pub. L. 111-383 · 124 Stat. 4374
  • 2012Amended · Pub. L. 112-213 · 126 Stat. 1572
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2776

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-449 on 1983-01-12.

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