Us Code § 46101 - General organization
Full text of Us Code United States Code § 46101 — General organization, with citation guidance and answers to common questions.
§ 46101. General organization
(a)
(b)
(1)
(2)
(3)
(4)
(A)
(B)
(5)
(c)
(1)
(2)
(3)
(A)
(i) appoint and supervise officers and employees of the Commission;
(ii) appoint the heads of major organizational units (with such appointments subject to the approval of the Commission);
(iii) distribute the business of the Commission among personnel and organizational units;
(iv) supervise the expenditure of money for administrative purposes;
(v) assign Commission personnel, including Commissioners, to perform duties and powers delegated by the Commission under section 46104 of this title; and
(vi) prepare and submit to the President and the Congress requests for appropriations for the Commission (with such requests subject to the approval of the Commission).
(B)
(4)
(d)
(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1488, §301; Pub. L. 113–281, title IV, §403(a), Dec. 18, 2014, 128 Stat. 3056; Pub. L. 114–120, title IV, §402, Feb. 8, 2016, 130 Stat. 67; renumbered §46101 and amended Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], §8605(a)(3), (b)(1), Jan. 1, 2021, 134 Stat. 4765; Pub. L. 117–263, div. K, title CXVIII, §11801(a), Dec. 23, 2022, 136 Stat. 4163.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 301(a) | 46 App.:1111 note. | Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, §101, 75 Stat. 840. |
| 301(b) | 46 App.:1111 note. | Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, §102(a), (c), 75 Stat. 840; Pub. L. 88–426, title III, §305(19)(A), Aug. 14, 1964, 78 Stat. 425. |
| 46 App.:1111 note. | Pub. L. 89–56, June 30, 1965, 79 Stat. 195. | |
| 301(c) | 46 App.:1111 note. | Reorg. Plan No. 6 of 1949, eff. Aug. 20, 1949, 63 Stat. 1069. |
| 46 App.:1111 note. | Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, §§102(b), 104, 105(d), 75 Stat. 840, 841. | |
| 301(d) | 46 App.:1111(c) (related to seal). | June 29, 1936, ch. 858, title II, §201(c) (related to seal), 49 Stat. 1986. |
In subsection (a), the words "is an independent establishment" are substituted for "shall not be a part of any executive department or under the authority of the head of any executive department" for consistency with other titles of the United States Code and to eliminate unnecessary words.
In subsection (b)(2), the words "The term of each Commissioner is 5 years, with each term beginning one year apart" are substituted for the language about terms in section 102(c) of Reorganization Plan No. 7 of 1961 (46 App. U.S.C. 1111 note) and the Act of June 30, 1965 (Pub. L. 89–56, 79 Stat. 195), for clarity and to eliminate executed and obsolete language.
In subsection (c), section 104 of Reorganization Plan No. 7 of 1961 is omitted as executed.
Subsection (c)(1) is based on section 102(b) of Reorganization Plan No. 7 of 1961. The words "from time to time" are omitted as unnecessary.
Subsection (c)(2) is based on section 1 of Reorganization Plan No. 6 of 1949.
Subsection (c)(3) is based on section 2 of Reorganization Plan No. 6 of 1949 and section 105(d) of Reorganization Plan No. 7 of 1961.
Subsection (c)(4) is based on section 3 of Reorganization Plan No. 6 of 1949.
Editorial Notes
Amendments
2022—Subsec. (b)(2). Pub. L. 117–263, §11801(a)(1), substituted "2 years" for "one year" and "3 terms" for "2 terms".
Subsec. (b)(3). Pub. L. 117–263, §11801(a)(2), substituted "to which such individual is appointed" for "of the individual being succeeded", "3 terms" for "2 terms", and "such" for "the predecessor of that".
2021—Pub. L. 116–283, §8605(a)(3), renumbered section 301 of this title as this section.
Subsec. (c)(3)(A)(v). Pub. L. 116–283, §8605(b)(1), substituted "46104" for "304".
2016—Subsec. (c)(3)(A)(ii). Pub. L. 114–120, §402(1), substituted "units (with such appointments subject to the approval of the Commission);" for "units, but only after consultation with the other Commissioners;".
Subsec. (c)(3)(A)(vi). Pub. L. 114–120, §402(2)–(4), added cl. (vi).
2014—Subsec. (b)(2). Pub. L. 113–281, §403(a)(1), amended par. (2) generally. Prior to amendment, text read as follows: "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."
Subsec. (b)(3) to (5). Pub. L. 113–281, §403(a)(2), added pars. (3) and (4) and redesignated former par. (3) as (5).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Pub. L. 117–263, div. K, title CXVIII, §11801(b), Dec. 23, 2022, 136 Stat. 4163, provided that: "The amendments made by this section [amending this section] shall not apply to Commissioners to whom section 403(b) of the Howard Coble Coast Guard and Maritime Transportation Act of 2014 (Public Law 113–281) [set out below] applies."
Effective Date of 2014 Amendment
Pub. L. 113–281, title IV, §403(b), Dec. 18, 2014, 128 Stat. 3056, provided that: "The amendment made by subsection (a)(1) [amending this section] does not apply with respect to a Commissioner of the Federal Maritime Commission appointed and confirmed by the Senate before the date of the enactment of this Act [Dec. 18, 2014]."
About This Section
46 U.S.C. § 46101 is part of Title 46 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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