46 U.S.C. § 46101 — General organization
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 490 words · no verdicts yet
The Federal Maritime Commission is an independent federal agency run by 5 Senate-confirmed Commissioners serving 5-year terms, no more than 3 from one political party. Commissioners cannot have financial ties to companies they regulate or hold outside jobs, and the President can remove one for inefficiency, neglect, or misconduct. The President names one Commissioner as Chairman, who runs the agency's day-to-day business subject to the full Commission's policies.
(a) Organization. The Federal Maritime Commission is an independent U.S. government agency*.
(b) Commissioners. (1) It has 5 Commissioners, appointed by the President with Senate approval; no more than 3 can belong to the same political party. (2) Each serves a 5-year term and may keep serving up to 2 more years until a successor is confirmed; except as noted below, no one may serve more than 3 terms. (3) A vacancy is filled the same way as the original appointment, only for the rest of that term, and someone who fills a vacancy may still serve 3 full terms afterward. (4) A Commissioner cannot have a financial interest in, an official relationship with, or stock or bonds in any company the Commission regulates (A), and cannot hold another job, business, or profession (B). (5) The President may remove a Commissioner for inefficiency, neglect of duty, or misconduct in office.
(c) Chairman. (1) The President names one Commissioner as Chairman. (2) The Chairman is the Commission's chief executive and administrative officer, but stays subject to the full Commission's policies and decisions except for the specific duties below. (3) The Chairman must: appoint and supervise staff (i); appoint heads of major units, subject to Commission approval (ii); divide up the Commission's work among staff and units (iii); oversee administrative spending (iv); assign Commission staff, including other Commissioners, to duties delegated under section 46104 (v); and prepare and submit budget requests to the President and Congress, subject to Commission approval (vi). These specific duties (except assigning staff) don't apply to staff who work full-time for Commissioners other than the Chairman. (4) The Chairman may delegate these duties to staff under the Chairman's supervision.
(d) Seal. The Commission has an official seal that courts must recognize.
The Federal Maritime Commission is an independent establishment of the United States Government.
The Commission is composed of 5 Commissioners, appointed by the President by and with the advice and consent of the Senate. Not more than 3 Commissioners may be appointed from the same political party.
The term of each Commissioner is 5 years. When the term of a Commissioner ends, the Commissioner may continue to serve until a successor is appointed and qualified, but for a period not to exceed 2 years. Except as provided in paragraph (3), no individual may serve more than 3 terms.
A vacancy shall be filled in the same manner as the original appointment. An individual appointed to fill a vacancy is appointed only for the unexpired term to which such individual is appointed. An individual appointed to fill a vacancy may serve 3 terms in addition to the remainder of the term for which such individual was appointed.
A Commissioner may not have a pecuniary interest in, hold an official relation to, or own stocks or bonds of any entity the Commission regulates under chapter 401 of this title.
A Commissioner may not engage in another business, vocation, or employment.
The President may remove a Commissioner for inefficiency, neglect of duty, or malfeasance in office.
The President shall designate one of the Commissioners as Chairman.
The Chairman is the chief executive and administrative officer of the Commission. In carrying out the duties and powers of the Commission (other than under paragraph (3)), the Chairman is subject to the policies, regulatory decisions, findings, and determinations of the Commission.
The Chairman shall—
appoint and supervise officers and employees of the Commission;
appoint the heads of major organizational units (with such appointments subject to the approval of the Commission);
distribute the business of the Commission among personnel and organizational units;
supervise the expenditure of money for administrative purposes;
assign Commission personnel, including Commissioners, to perform duties and powers delegated by the Commission under section 46104 of this title; and
prepare and submit to the President and the Congress requests for appropriations for the Commission (with such requests subject to the approval of the Commission).
Subparagraph (A) (other than clause (v)) does not apply to personnel employed regularly and full-time in the offices of Commissioners other than the Chairman.
The Chairman may designate officers and employees under the Chairman’s jurisdiction to perform duties and powers of the Chairman, subject to the Chairman’s supervision and direction.
The Commission shall have a seal which shall be judicially recognized.
Source credit: (Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1488, § 301; Pub. L. 113–281, title IV, § 403(a), Dec. 18, 2014, 128 Stat. 3056; Pub. L. 114–120, title IV, § 402, Feb. 8, 2016, 130 Stat. 67; renumbered § 46101 and amended Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], § 8605(a)(3), (b)(1), Jan. 1, 2021, 134 Stat. 4765; Pub. L. 117–263, div. K, title CXVIII, § 11801(a), Dec. 23, 2022, 136 Stat. 4163.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1488
- 2014Amended · Pub. L. 113-281 · 128 Stat. 3056
- 2016Amended · Pub. L. 114-120 · 130 Stat. 67
- 2021Amended · Pub. L. 116-283 · 134 Stat. 4765
- 2022Amended · Pub. L. 117-263 · 136 Stat. 4163
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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