of Commerce shall designate another person, during a vacancy in the office of Administrator: Provided, That such Deputy Administrator shall at no time sit as a member or acting member of the Federal Maritime Board. SEC. 204. Transfer of functions.-Except as otherwise provided in part I of this reorganization plan, all functions of the United States Maritime Commission and of the Chairman of said Commission are hereby transferred to the Secretary of Commerce. The Secretary of Commerce may from time to time make such provisions as he shall deem appropriate authorizing the performance by the Maritime Administrator of any function transferred to such Secretary by the provisions of this reorganization plan. PART III. GENERAL PROVISIONS SECTION 301. Under Secretary of Commerce for Transportation.-There shall be in the Department of Commerce an additional office of Under Secretary with the title "Under Secretary of Commerce for Transportation." The Under Secretary of Commerce for Transportation shall be appointed by the President, by and with the advice and consent of the Senate, shall receive compensation at the rate prescribed by law for Under Secretaries of Executive departments, and shall perform such duties as the Secretary of Commerce shall prescribe. SEC. 302. Joint utilization of personnel.-In the interests of efficiency and economy, the Chairman and Administrator, insofar as he deems desirable, shall make joint use of the officers and employees under his supervision as Administrator or Chairman. SEC. 303. Conflict of interest.-The provisions of the last sentence of section 201(b) of the Merchant Marine Act, 1936 (46 U.S.C. 1111(b)) (prohibiting any member, officer, or employee of the United States Maritime Commission from being in the employ of any other person, firm, or corporation, or from having any pecuniary interest in or holding 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) shall hereafter be applicable to the members of the Federal Maritime Board and all officers and employees of the Federal Maritime Board or of the Maritime Administration. SEC. 304. Interim appointments.-Pending the initial appointment hereunder of the members of the Federal Maritime Board but not for a period exceeding ninety days, such officers of the executive branch of the Government (including any person who is a member of the United States Maritime Commission [§ 304] [8 304] immediately prior to the taking effect of the provisions of this reorganization plan) as the President shall designate under the provisions of this section shall be acting members of the Federal Maritime Board. The President may designate one of such acting members as Acting Chairman. Any such person shall while serving as acting member or Acting Chairman receive the compensation hereinabove prescribed for member and Chairman, respectively. SEC. 305. Transfer of personnel, property, records, and funds.-There are hereby transferred to the Department of Commerce, to be used, employed, and expended in connection with the functions transferred by the provisions of this reorganization plan, all of the records, property, personnel, and unexpended balances of appropriations, allocations, and other funds (available or. to be made available) of the United States Maritime Commission. The Director of the Bureau of the Budget shall make such determinations and dispositions and take such measures, which shall be carried out in such manner as the Director shall direct and by such agencies as he shall designate, as he shall deem to be consonant with the provisions of this reorganization plan and to be necessary in order to effectuate the transfers provided for in this section. SEC. 306. Abolition of Maritime Commission.-The United States Maritime Commission, including the offices of the members of the Commission, is hereby abolished, and the Secretary of Commerce shall provide for the termination of any outstanding affairs of the Commission not otherwise provided for in this reorganization plan. SEC. 307. Relation to other reorganization plan.-The functions transferred by the provisions of this reorganization plan shall not be subject to the provisions of Reorganization Plan Numbered 5 of 1950. (64 Stat. 1263.) Reorganization Plan No. 6 of 1949 (63 Stat. 1069) Effective August 20, 1949 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, June 20, 1949, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 SECTION 1. Administration of functions of Commission. The Chairman of the United States Maritime Commission shall be the chief executive and administrative officer of the United States Maritime Commission. In executing and administering on behalf of the Commission its functions (exclusive of functions transferred by the provisions of section 2 of this reorganization plan) the Chairman shall be governed by the policies, regulatory decisions, findings, and determinations of the Commission. SEC. 2. Transfer of functions.-There are hereby transferred from the United States Maritime Commission to the Chairman of the Commission the functions of the Commission with respect to (1) the appointment and supervision of all personnel employed under the Commission, (2) the distribution of business among such personnel and among organizational units of the Commission, and (3) the use and expenditure of funds for administrative purposes: Provided, That the provisions of this section do not extend to personnel employed regularly and full time in the office of members of the Commission other than the Chairman: Provided further, That the heads of the major administrative units shall be appointed by the Chairman only after consultation with the other members of the Commission. SEC. 3. Performance of transferred functions.-The functions of the Chairman under the provisions of this reorganization plan shall be performed by him or, subject to his supervision and direction, by such officers and employees under his jurisdiction as he shall designate. The text which follows is from the Merchant Marine Act, 1936, as amended. SEC. 202. All moneys, notes, bonds, mortgages, and securities of every kind, contracts and contract rights, lands, vessels, docks, wharves, piers, and property and interests of every kind, owned by the United States, and now controlled by the Department of Commerce as the successor to the powers and functions of the former United States Shipping Board, by virtue of the President's Executive order of June 10, 1933, are hereby transferred to the Commission. Notwithstanding any other provision of law, the Commission may, in accordance with good business methods and on such terms and conditions as it determines to effectuate the policy of this Act, operate or lease any lands, docks, wharves, piers, or real property under its control, and all money heretofore or hereafter received from such operation or lease shall be available for expenditure by the Commission as provided in this Act. The Commission may, upon such terms and conditions as it may prescribe in accordance with sound business practice, make such extensions and accept such renewals of the notes and other evidences of indebtedness hereby transferred, and of the mortgages and other contracts securing the same, as it may deem necessary to carry out the objects of this Act. R.P. No. 6, 46 U.S.C. 1112. 49 Stat. 1986. transferred to or lease real property. May operate May extend or renew notes this section. transferred by [§ 203(a)] 46 U.S.C. 1113. 49 Stat. 1987. 52 Stat. 408. Fleet Corpora- ments against. Leave payments confirmed. 46 U.S.C. 1114. 49 Stat. 1987. 52 Stat. 964. Functions of SEC. 203. (a) The United States Shipping Board Merchant Fleet Corporation shall cease to exist and shall stand dissolved. All the records, books, papers, and corporate property of said dissolved corporation shall be taken over by the Commission. All existing contractual obligations of the dissolved corporation shall be assumed by the United States. Any suit against the dissolved corporation pending in any court of the United States shall be defended by the Commission upon behalf of the United States, under the supervision of the Attorney General, and any judgment obtained against the dissolved corporation in any such pending suit shall be reported to Congress in the manner provided in section 226, title 31, United States Code, for reporting judgments against the United States in the Court of Claims. (b) All payments made by the United States Shipping Board (Emergency) Merchant Fleet Corporation to its employees in settlement of its liability arising out of contracts of employment between said United States Shipping Board (Emergency) Merchant Fleet Corporation and its employees on account of leave earned in the years 1918-1919 are hereby approved and confirmed. All persons to whom such payments were made are hereby released from any liability to refund or repay to the Government such payments, and no deductions on account of any such payments shall be made from any amounts otherwise due or payable out of Government funds to such persons. SEC. 204. (a) All the functions, powers, and duties vested in the former United States Shipping Board by the Shipping Act, 1916, the Merchant Marine Act, 1920, the Merchant Marine Act, 1928, the Intercoastal Shipping Act, 1933, and amendments to those Acts, and now Shipping Board vested in the Department of Commerce pursuant to section 12 of the President's Executive order of June 10, 1933, are hereby transferred to the United States Maritime Commission: Provided, however, That after the date of the passage of this Act no further construction loans shall be made under the provisions of section 11 of the Merchant Marine Act, 1920, as amended. transferred to Commission. No construction loans to be made. Adoption of rules and regu. lations. Enforcement of Commission's orders. (b) The Commission is hereby authorized to adopt all necessary rules and regulations to carry out the powers, duties, and functions vested in it by this Act. (c) The orders issued by the United States Maritime Commission in the exercise of the powers transferred to it by this title shall be enforced in the same manner as heretofore provided by law for enforcement of the orders, issued by the former United States Shipping Board, and violation of such orders shall subject the persons or corporation guilty of such violation to the same penalties or punishment as heretofore provided for violation of the orders of said Board. [8 207] 46 U.S.C. 1115. SEC. 205. Without limiting the power and authority 49 Stat. 1987. otherwise vested in the Commission, it shall be unlawful rates nearest for any common carrier by water, either directly or indi- Prevention rectly, through the medium of an agreement, conference, charges regular association, understanding, or otherwise, to prevent or port. attempt to prevent any other such carrier from serving any port designed for the accommodation of ocean-going vessels located on any improvement project authorized by the Congress or through it by any other agency of the Federal Government, lying within the continental limits of the United States, at the same rates which it charges at the nearest port already regularly served by it. SEC. 206. All sums of money now in the construction loan fund created by section 11 of the Merchant Marine Act, 1920, as amended, together with the proceeds of all debts, accounts, choses in action, and the proceeds of all notes, mortgages, and other evidences of indebtedness, hereby transferred to the Commission, and all of the proceeds of sales of ships and surplus property heretofore or hereafter made, including proceeds of notes or other evidences of debt taken therefor and the interest thereon and, notwithstanding any other provision of law, all money representing amounts of unclaimed wages, salvage awards and miscellaneous unclaimed items carried as liabilities on the books of the United States Shipping Board Merchant Fleet Corporation and all money heretofore or hereafter received from the operation or leasing of lands, docks, wharves, piers, or real property shall be deposited in the Treasury of the United States and there maintained as a revolving fund, herein designated as the construction fund, and shall be available for expenditure by the Commission in carrying out the provisions of this Act. All moneys received by the Commission under the provisions of this Act shall be deposited in its construction fund, and all disbursements made by the Commission under authority of this Act shall be paid out of said fund, and, notwithstanding any other provision of law, all disbursements applicable to the money referred to in this section may be made by the Commission out of said fund. Further appropriations by Congress to replenish said fund are hereby authorized. 46 U.S.C. 1116. 50 Stat. 839. Construction 49 Stat. 1987. fund created. All receipts and disbursements to construction to be charged fund. Further appro- priations au 46 U.S.C. 1117. 52 Stat. 954. 49 Stat. 1988. Commission may contract SEC. 207. The Commission may enter into such contracts, upon behalf of the United States, and may make such disbursements as may, in its discretion, be necessary to carry on the activities authorized by this Act, or to protect, preserve, or improve the collateral held by the Commission to secure indebtedness, in the same manner that a private corporation may contract within Audit of finanthe scope of the authority conferred by its charter. All clal transac for U.S. tions. |