§ 101. Agency

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2006

   Pub. L. 109–304 § 4 · 120 Stat. 1485

   Enacted · 46 U.S.C. § 101

   (Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1486.)

   Source evidence

   Code source credit
   (Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1486.)

   Enacted provision · exact public law section
   SEC. 4. SUBTITLE I OF TITLE 46.   Title 46, United States Code, is amended by inserting after the title analysis the following: “Subtitle I— General “Chapter “1. Definitions “3. Federal Maritime Commission “5. Other General Provisions “CHAPTER 1— DEFINITIONS “Sec. “101.  Agency. “102.  Barge. “103.  Boundary Line. “104.  Citizen of the United States. “105.  Consular officer. “106.  Documented vessel. “107.  Exclusive economic zone. “108.  Fisheries. “109.  Foreign commerce or trade. “110.  Foreign vessel. “111.  Numbered vessel. “112.  State. “113.  Undocumented. “114.  United States. “115.  Vessel. “116.  Vessel of the United States. “§ 101.  Agency   “In this title, the term ‘agency’ means a department, agency, or instrumentality of the United States Government. “§ 102.  Barge   “In this title, the term ‘barge’ means a non-self-propelled vessel. “§ 103.  Boundary Line   “In this title, the term ‘Boundary Line’ means a line established under section 2(b) of the Act of February 19, 1895 (33 U.S.C. 151). “§ 104.  Citizen of the United States   “In this title, the term ‘citizen of the United States’, when used in reference to a natural person, means an individual who is a national of the United States as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)). “§ 105.  Consular officer   “In this title, the term ‘consular officer’ means an officer or employee of the United States Government designated under regulations to issue visas. “§ 106.  Documented vessel   “In this title, the term ‘documented vessel’ means a vessel for which a certificate of documentation has been issued under chapter 121 of this title. “§ 107.  Exclusive economic zone   “In this title, the term ‘exclusive economic zone’ means the zone established by Presidential Proclamation 5030 of March 10, 1983 (16 U.S.C. 1453 note). “§ 108.  Fisheries   “In this title, the term ‘fisheries’ includes processing, storing, transporting (except in foreign commerce), planting, cultivating, catching, taking, or harvesting fish, shellfish, marine animals, pearls, shells, or marine vegetation in the navigable waters of the United States or in the exclusive economic zone. “§ 109.  Foreign commerce or trade “(a) In General.— In this title, the terms ‘foreign commerce’ and ‘foreign trade’ mean commerce or trade between a place in the United States and a place in a foreign country. “(b) Capital Construction Funds and Construction-Differential Subsidies.— In the context of capital construction funds under chapter 535 of this title, and in the context of construction-differential subsidies under title V of the Merchant Marine Act, 1936, the terms ‘foreign commerce’ and ‘foreign trade’ also include, in the case of liquid and dry bulk cargo carrying services, trading between foreign ports in accordance with normal commercial bulk shipping practices in a manner that will permit bulk vessels of the United States to compete freely with foreign bulk vessels in their operation or competition for charters, subject to regulations prescribed by the Secretary of Transportation. “§ 110.  Foreign vessel   “In this title, the term ‘foreign vessel’ means a vessel of foreign registry or operated under the authority of a foreign country. “§ 111.  Numbered vessel   “In this title, the term ‘numbered vessel’ means a vessel for which a number has been issued under chapter 123 of this title. “§ 112.  State   “In this title, the term ‘State’ means a State of the United States, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States. “§ 113.  Undocumented   “In this title, the term ‘undocumented’ means not having and not required to have a certificate of documentation issued under chapter 121 of this title. “§ 114.  United States   “In this title, the term ‘United States’, when used in a geographic sense, means the States of the United States, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States. “§ 115.  Vessel    “In this title, the term ‘vessel’ has the meaning given that term in section 3 of title 1. “§ 116.  Vessel of the United States   “In this title, the term ‘vessel of the United States’ means a vessel documented under chapter 121 of this title (or exempt from documentation under section 12102(c) of this title), numbered under chapter 123 of this title, or titled under the law of a State. “CHAPTER 3— FEDERAL MARITIME COMMISSION “Sec. “301.  General organization. “302.  Quorum. “303.  Record of meetings and votes. “304.  Delegation of authority. “305.  Regulations. “306.  Annual report. “307.  Expenditures. “§ 301.  General organization “(a) Organization.— The Federal Maritime Commission is an independent establishment of the United States Government. “(b) Commissioners.— “(1) Composition.— 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. “(2) Terms.— The term of each Commissioner is 5 years, with each term beginning one year apart. An individual appointed to fill a vacancy is appointed only for the unexpired term of the individual being succeeded. A vacancy shall be filled in the same manner as the original appointment. When the term of a Commissioner ends, the Commissioner may continue to serve until a successor is appointed and qualified. “(3) Removal.— The President may remove a Commissioner for inefficiency, neglect of duty, or malfeasance in office. “(c) Chairman.— “(1) Designation.— The President shall designate one of the Commissioners as Chairman. “(2) General authority.— 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. “(3) Particular duties.— “(A) In general.— The Chairman shall— “(i) appoint and supervise officers and employees of the Commission; “(ii) appoint the heads of major organizational units, but only after consultation with the other Commissioners; “(iii) distribute the business of the Commission among personnel and organizational units; “(iv) supervise the expenditure of money for administrative purposes; and “(v) assign Commission personnel, including Commissioners, to perform duties and powers delegated by the Commission under section 304 of this title. “(B) Nonapplication.— 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. “(4) Delegation.— 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. “(d) Seal.— The Commission shall have a seal which shall be judicially recognized. “§ 302.  Quorum   “A vacancy or vacancies in the membership of the Federal Maritime Commission do not impair the power of the Commission to execute its functions. The affirmative vote of a majority of the Commissioners serving on the Commission is required to dispose of any matter before the Commission. “§ 303.  Record of meetings and votes   “The Federal Maritime Commission, through its secretary, shall keep a record of its meetings and the votes taken on any action, order, contract, or financial transaction of the Commission. “§ 304.  Delegation of authority “(a) Delegation.— The Federal Maritime Commission, by published order or regulation, may delegate to a division of the Commission, an individual Commissioner, an employee board, or an officer or employee of the Commission, any of its duties or powers, including those relating to hearing, determining, ordering, certifying, reporting, or otherwise acting on any matter. This subsection does not affect section 556(b) of title 5. “(b) Review.— The Commission may review any action taken under a delegation of authority under subsection (a). The review may be taken on the Commission’s own initiative or on the petition of a party to or an intervenor in the action, within the time and in the manner prescribed by the Commission. The vote of a majority of the Commission, less one member, is sufficient to bring an action before the Commission for review. “(c) Deemed Action of Commission.— If the Commission declines review, or if review is not sought, within the time prescribed under subsection (b), the action taken under the delegation of authority is deemed to be the action of the Commission. “§ 305.  Regulations   “The Federal Maritime Commission may prescribe regulations to carry out its duties and powers. “§ 306.  Annual report “(a) In General.— Not later than April 1 of each year, the Federal Maritime Commission shall submit a report to Congress. The report shall include the results of its investigations, a summary of its transactions, the purposes for which all of its expenditures were made, and any recommendations for legislation. “(b) Report on Foreign Laws and Practices.— The Commission shall include in its annual report to Congress— “(1) a list of the 20 foreign countries that generated the largest volume of oceanborne liner cargo for the most recent calendar year in bilateral trade with the United States; “(2) an analysis of conditions described in section 42302(a) of this title being investigated or found to exist in foreign countries; “(3) any actions being taken by the Commission to offset those conditions; “(4) any recommendations for additional legislation to offset those conditions; and “(5) a list of petitions filed under section 42302(b) of this title that the Commission rejected and the reasons for each rejection. “§ 307.  Expenditures   “The Federal Maritime Commission may make such expenditures as are necessary in the performance of its functions from funds appropriated or otherwise made available to it, which appropriations are authorized. “CHAPTER 5— OTHER GENERAL PROVISIONS “Sec. “501.  Waiver of navigation and vessel-inspection laws. “502.  Cargo exempt from forfeiture. “503.  Notice of seizure. “504.  Remission of fees and penalties. “505.  Penalty for violating regulation or order. “§ 501.  Waiver of navigation and vessel-inspection laws “(a) On Request of Secretary of Defense.— On request of the Secretary of Defense, the head of an agency responsible for the administration of the navigation or vessel-inspection laws shall waive compliance with those laws to the extent the Secretary considers necessary in the interest of national defense. “(b) By Head of Agency.— When the head of an agency responsible for the administration of the navigation or vessel-inspection laws considers it necessary in the interest of national defense, the individual may waive compliance with those laws to the extent, in the manner, and on the terms the individual prescribes. “(c) Termination of Authority.— The authority granted by this section shall terminate at such time as the Congress by concurrent resolution or the President may designate. “§ 502.  Cargo exempt from forfeiture   “Cargo on a vessel is exempt from forfeiture under this title if— “(1) the cargo is owned in good faith by a person not the owner, master, or crewmember of the vessel; and “(2) the customs duties on the cargo have been paid or secured for payment as provided by law. “§ 503.  Notice of seizure   “When a forfeiture of a vessel or cargo accrues, the official of the United States Government required to give notice of the seizure of the vessel or cargo shall include in the notice, if they are known to that official, the name and the place of residence of the owner or consignee at the time of the seizure. “§ 504.  Remission of fees and penalties   “Any part of a fee, tax, or penalty paid or a forfeiture incurred under a law or regulation relating to vessels or seamen may be remitted if— “(1) application for the remission is made within one year after the date of the payment or forfeiture; and “(2) it is found that the fee, tax, penalty, or forfeiture was improperly or excessively imposed. “§ 505.  Penalty for violating regulation or order   “A person convicted of knowingly and willfully violating a regulation or order of the Federal Maritime Commission or the Secretary of Transportation under subtitle IV or V of this title, for which no penalty is expressly provided, shall be fined not more than $500. Each day of a continuing violation is a separate offense.” .

1 of 1 references resolved to an enrolled provision