46 U.S.C. § 57107 — Vessels for other agencies
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 348 words · no verdicts yet
This law lets the Secretary of Transportation build, repair, or equip vessels for other federal agencies, if those agencies are already legally allowed to do that work themselves. It also lets the Secretary provide reimbursed legal help to agencies dealing with salvaging cargo, and sets rules for advance and adjusted payments.
(a) In General. The Secretary of Transportation may build, rebuild, repair, equip, and outfit vessels or parts of vessels — by contract or otherwise — for any other federal department or agency*, as long as that agency is legally allowed to do the same work for itself.
(b) Effect on Contract Authorization. Money the Secretary spends or commits under this section doesn't count against the Secretary's own contracting authority. Instead, it gets charged to the other department or agency's own existing funding.
(c) Salvaging Cargoes. (1) The Secretary, acting through the Maritime Administrator, may make reimbursed agreements with other federal agencies to provide legal services related to salvaging cargo that those agencies are responsible for, from vessels in the Maritime Administration's custody or control. The Secretary can keep the reimbursement to cover the costs of providing this help. (2) Reimbursements received this way get credited back to whichever fund originally covered the costs — or, if that fund is no longer available, to whatever current funding the Secretary has for a similar purpose — and can then be used the same way as the rest of that fund. (3) Advance payments cover part of the estimated cost, as the Secretary determines. Once actual costs are known, the Secretary and the requesting agency adjust the amount to match.
The Secretary of Transportation may construct, reconstruct, repair, equip, and outfit, by contract or otherwise, vessels or parts thereof, for any other department or agency* of the United States Government to the extent the other department or agency is authorized by law to do so for its own account.
An obligation incurred or expenditure made by the Secretary under this section does not affect any contract authorization of the Secretary, but instead shall be charged against the existing appropriation or contract authorization of the department or agency.
The Secretary of Transportation, acting through the Administrator of the Maritime Administration, may enter into reimbursable agreements with other Federal entities to provide legal services to such entities relating to the salvaging of cargoes for which such entities have custody, or control, or for which for such entities have trustee responsibilities from vessels in the custody or control of the Maritime Administration or its predecessor agencies. The Secretary may receive and retain reimbursement from such entities for all costs incurred related to the provision of such services.
Amounts received as reimbursements under this subsection shall be credited to the fund or account that was used to cover the costs incurred by the Secretary or, if the period of availability of obligations for that appropriation has expired, to the appropriation of funds that is currently available to the Secretary for substantially the same purpose. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
Payments made in advance shall be for any part of the estimated cost as determined by the Secretary of Transportation. Adjustments to the amounts paid in advance shall be made as agreed to by the Secretary of Transportation and the head of the ordering agency or unit based on the actual cost of goods or services provided.
Source credit: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1661; Pub. L. 116–92, div. C, title XXXV, § 3508, Dec. 20, 2019, 133 Stat. 1976.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1661
- 2019Amended · Pub. L. 116-92 · 133 Stat. 1976
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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