CROSS-REFERENCES FROM THE UNITED STATES CODE TO ACTS, MERCHANT MARINE ACT, 1936 (Revised through the 89th Congress first session) [49 Stat. 1985, approved June 29, 1936] AN ACT To further the development and maintenance of an adequate and well-balanced American merchant marine, to promote the commerce of the United States, to aid in the national defense, to repeal certain former legislation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I-DECLARATION OF POLICY 49 Stat. 1985. SECTION 101. It is necessary for the national defense 46 U.S.C. 1101. and development of its foreign and domestic commerce that the United States shall have a merchant marine (a) sufficient to carry its domestic water-borne commerce and a substantial portion of the water-borne export and import foreign commerce of the Untied States and to provide shipping service on all routes essential for maintaining the flow of such domestic and foreign water-borne commerce at all times, (b) capable of serving as a naval and military auxiliary in time of war or national emergency, (c) owned and operated under the United States flag by citizens of the United States insofar as may be practicable, and (d) composed of the best-equipped, safest, and most suitable types of vessels, constructed in the United States and manned with a trained and efficient citizen personnel. It is hereby declared to be the policy of the United States to foster the development and encourage the maintenance of such a merchant marine. [TITLE II-UNITED STATES MARITIME COMMISSION 1 46 U.S.C. 1111. 49 Stat. 1985. 53 Stat. 1182. P.L. 85-507. [SEC. 201. (a) An agency is hereby created to be 72 Stat. 337. known as the United States Maritime Commission (here 1 The United States Maritime Commission was abolished by Reorganization Plan No. 21 of 1950, effective May 24, 1950, and the Commission's functions and those of its chairman were transferred as provided in such Plan to the Federal Maritime Board in the Department of Commerce and to the Secretary of Commerce. The Federal Maritime Board was abolished by Reorganization Plan No. 7 of 1961, effective August 12, 1961, and its functions were transferred as provided in such plan to the Secretary of Commerce and the Federal Maritime Commission. The provisions of these plans and of Plan No. 6 of 1949, effective August 20, 1949, which is referred to in these plans, are set out in this compilation immediately after section_201 of the Merchant Marine Act, 1936, which is shown in black brackets [ ]. 1 [8 201(a)] Appointment of members by President. Chairman-vice chairman. Terms of office. Vacancies. Removal of members. inafter referred to as the Commission). The Commission shall be composed of five persons, in this title referred to as members, to be appointed by the President by and with the advice and consent of the Senate. The President shall designate the member to act as chairman of the Commission and the Commission may elect one of its members as vice chairman. The members of the Commission shall be appointed as soon as practicable after the enactment of this Act and shall continue in office as designated by the President at the time of nomination, for terms of two, three, four, five, and six years, respectively, from the date upon which they qualify and take office; but their successors shall be appointed for terms of six years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he succeeds. The members shall be appointed with due regard to their especial fitness for the efficient discharge of the duties imposed upon them by this Act. Not more than three of the members shall be appointed from the same political party. A vacancy in the Commission shall be filled in the same manner as an original appointment. Any member may be removed by the President for neglect of duty or malfeasance in office. Vacancies in the Commission, so long as there shall be three members in office, shall not impair the power of the Commission to execute its functions, and three of the members in office shall constitute a quorum for the transaction of the business of the Commission. Each member shall receive a salary at the rate of $12,000 per annum. [(b) No person shall hold office as a member of the appointment of Commission who, within three years prior to his appointment, shall have been employed by, or have had any pecuniary interest in, any carrier by water or substantial pecuniary interest in any other person who derives a substantial portion of his revenues from any business associated with ships or shipping. Each member shall devote his full time to the duties of his office. It shall be unlawful for any member, officer, or employee of the Commission to be in the employ of any other person, firm, or corporation, or to have any pecuniary interest in, or hold any official relationship with, any carrier by water, shipbuilder, contractor, or other person, firm, association, or corporation with whom the Commission may have business relations. Quorum. Restriction members. Entire time to office. Business relationships forbidden. Records, seal, rules and regulations. [(c) The Commission shall, through its secretary, keep a true record of all its meetings and the yea-and-nay votes taken therein, on every action, order, contract, or financial transaction approved or disapproved by the Commission. It shall have an official seal which shall be judicially noticed, and shall adopt rules and regulations in regard to its procedure and the conduct of its business. |