§ 109. Maritime Administration
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(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.
(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.)
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 supervision of the Secretary of Transportation.
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 compensated at the rate provided for level III of the Executive Schedule” in 46 App. U.S.C. 1603 are omitted as unnecessary 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 Transportation. The words “in the competitive service” are substituted for “under the classified civil service” because of 5 U.S.C. 2102(c). The words “Provided, That such Deputy 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 Transportation, involves the performance of work similar in importance, 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 unnecessary.
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 “National Defense Reserve Fleet” are substituted for “reserve fleet” for clarity. Clause
(H)is substituted for “(7) maritime training at the Merchant Marine Academy at Kings Point, New York”, “(8) financial assistance to State maritime academies under section 1295c of this Appendix”, “(10) expenses necessary for additional training provided under section 1295d of this Appendix”, and “(10) expenses necessary to carry out subchapter XIII of this chapter” because of the reorganization of revised title 46 and to eliminate unnecessary words. The text of 46 App. U.S.C. 1119 (proviso) is omitted as obsolete.
Connections29 cite this · traces to 3
Cited by 29 sections · top 23
U.S. Code
- § 18Acquisition by one corporation of stock of another
- § 362Automatic stay
- § 4701Rights of American seamen on privately owned and operated American vessels extended to seamen employed through the War Shipping Administration; exceptions; definitions
- § 1511Bureaus in Department
- § 4704United States as entitled to all benefits of exemption and limitation of liability accorded to owners of vessels
- § 4705Termination of section 4701(a); authority of United States Maritime Commission vested in Administrator of War Shipping Administration
- § 4703Payment of compensation; insurance
- § 4702Insurance awards by War Shipping Administrators; findings and actions as conclusive
register
statute-compilations
statutes-at-large
- Public Law 111–383To authorize appropriations for fiscal year 2011 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 97–449To revise, codify, and enact without substantive change certain general and permanent laws related to transportation as subtitle I and chapter 31 of subtitle II of title 49, United States Code, “Transportation”
- Public Law 111–84To authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 114–328To authorize appropriations for fiscal year 2017 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
Traces to 3 documents
30 references not yet in our index
- Pub. L. 97–449, § 1(b)
- 96 Stat. 2417
- Pub. L. 103–272, § 5(m)(5)
- 108 Stat. 1375
- Pub. L. 109–304, § 12
- 120 Stat. 1698
- Pub. L. 111–84, div. C, title XXXV, § 3508
- 123 Stat. 2721
- Pub. L. 111–383, div. A, title X, § 1075(d)(26)
- 124 Stat. 4374
- Pub. L. 112–213, title IV, § 409
- 126 Stat. 1572
- 130 Stat. 2776
- 42 Stat. 444
- Pub. L. 112–213
- Pub. L. 111–383
- Pub. L. 111–84, § 3508(1)
- Pub. L. 111–84, § 3508(2)
- Pub. L. 111–84, § 3508(4)
- Pub. L. 111–84, § 3508(6)
- Pub. L. 109–304
- Pub. L. 103–272
- Pub. L. 111–383, div. A, title X, § 1075(d)
- 124 Stat. 4372
- Pub. L. 111–84
- Pub. L. 97–31, § 10
- 95 Stat. 153
- 130 Stat. 2792
- Pub. L. 111–84, div. C, title XXXV, § 3516
- 123 Stat. 2725
Citation graph
cites case law
§ 109
Maritime Administration
Fed. Reg.×11
U.S.C.×9
Stat.×5
Pub. L.×2
Stat. Comp.×2
Pub. L.Pub. L. 97–449, § 1(b)
Stat.96 Stat. 2417
Pub. L.Pub. L. 103–272, § 5(m)(5)
Stat.108 Stat. 1375
Pub. L.Pub. L. 109–304, § 12
Cites 33 · showing 8Cited by 29 across 5 sources