46 U.S.C. § 57107: Vessels for other agencies

Summary

The Secretary of Transportation can build, rebuild, repair, equip, or outfit ships or ship parts for other U.S. government departments or agencies when those agencies are allowed by law to do the work themselves. Any bills or contract costs for that work are charged to the other agency’s budget or contract authority, not to the Secretary’s own contract authority. The Maritime Administration may make reimbursable agreements with other federal entities to give legal help about salvaging cargo from ships it controls. It can keep the money paid to cover its costs and must put that money back into the same fund or into the current fund used for the same purpose. Agencies may pay upfront for estimated costs, and the Secretary and the ordering agency will adjust payments later based on actual costs.

Title 46, §57107

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(a)In General.—

The Secretary of Transportation may construct, reconstruct, repair, equip, and outfit, by contract or otherwise, vessels or parts thereof, for any other department or agency of the United States Government to the extent the other department or agency is authorized by law to do so for its own account.

(b)Effect on Contract Authorization.—

An obligation incurred or expenditure made by the Secretary under this section does not affect any contract authorization of the Secretary, but instead shall be charged against the existing appropriation or contract authorization of the department or agency.

(c)Salvaging Cargoes.—

(1)Reimbursable agreements.—

The Secretary of Transportation, acting through the Administrator of the Maritime Administration, may enter into reimbursable agreements with other Federal entities to provide legal services to such entities relating to the salvaging of cargoes for which such entities have custody, or control, or for which for such entities have trustee responsibilities from vessels in the custody or control of the Maritime Administration or its predecessor agencies. The Secretary may receive and retain reimbursement from such entities for all costs incurred related to the provision of such services.

(2)Amounts received.—

Amounts received as reimbursements under this subsection shall be credited to the fund or account that was used to cover the costs incurred by the Secretary or, if the period of availability of obligations for that appropriation has expired, to the appropriation of funds that is currently available to the Secretary for substantially the same purpose. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.

(3)Advance payments.—

Payments made in advance shall be for any part of the estimated cost as determined by the Secretary of Transportation. Adjustments to the amounts paid in advance shall be made as agreed to by the Secretary of Transportation and the head of the ordering agency or unit based on the actual cost of goods or services provided.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5710746 App.:1125a.Feb. 6, 1941, ch. 5, § 4, 55 Stat. 6; Pub. L. 97–31, § 12(74), Aug. 6, 1981, 95 Stat. 160. In subsection (b), the words “heretofore or hereafter”, “diminish or otherwise”, and “and, to the amount of such obligation or expenditure, diminish” are omitted as unnecessary.

Editorial Notes

Amendments

2019—Subsec. (c). Pub. L. 116–92 added subsec. (c).

§57107 Vessels for Other Agencies