50 U.S.C. § 4701 | Rights of American seamen on privately owned and operated American vessels extended to seamen employed through the War Shipping Administration; exceptions; definitions

(a)

1 See Transfer of Functions note below.

42 U.S.C. 301 5 U.S.C. 8101 5 U.S.C. 8331March 7, 1942December 2, 194242 U.S.C. 1701 46 U.S.C. 30901October 1, 1941March 24, 194342 U.S.C. 301October 1, 1941February 11, 1942 Officers and members of crews (hereinafter referred to as “seamen”) employed on United States or foreign flag vessels as employees of the United States through the War Shipping Administration  shall, with respect to (1) laws administered by the Public Health Service and the Social Security Act [ et seq.], as amended by subsection (b)(2) and (3) of this section; (2) death, injuries, illness, maintenance and cure, loss of effects, detention, or repatriation, or claims arising therefrom not covered by the foregoing clause (1); and (3) collection of wages and bonuses and making of allotments, have all of the rights, benefits, exemptions, privileges, and liabilities, under law applicable to citizens of the United States employed as seamen on privately owned and operated American vessels. Such seamen, because of the temporary wartime character of their employment by the War Shipping Administration, shall not be considered as officers or employees of the United States for the purposes of the United States Employees Compensation Act, as amended [ et seq.]; the Civil Service Retirement Act, as amended [ et seq.]; the Act of Congress approved (Pub. Law 490, Seventy-seventh Congress) or the Act entitled “An Act to provide benefits for the injury, disability, death, or detention of employees of contractors with the United States and certain other persons or reimbursement therefor”, approved (Public Law 784, Seventy-seventh Congress) [ et seq.]. Claims arising under clause (1) hereof shall be enforced in the same manner as such claims would be enforced if the seaman were employed on a privately owned and operated American vessel. Any claim referred to in clause (2) or (3) hereof shall, if administratively disallowed in whole or in part, be enforced pursuant to the provisions of the Suits in Admiralty Act [ et seq.], notwithstanding the vessel on which the seaman is employed is not a merchant vessel within the meaning of such Act. Any claim, right, or cause of action of or in respect of any such seaman accruing on or after , and prior to , may be enforced, and upon the election of the seaman or his surviving dependent or beneficiary, or his legal representative to do so shall be governed, as if this section had been in effect when such claim, right, or cause of action accrued, such election to be made in accordance with rules and regulations prescribed by the Administrator, War Shipping Administration. Rights of any seaman under the Social Security Act [ et seq.], as amended by subsection (b)(2) and (3), and claims therefor shall be governed solely by the provisions of such Act, so amended. When used in this subsection the term “administratively disallowed” means a denial of a written claim in accordance with rules or regulations prescribed by the Administrator, War Shipping Administration. When used in this subsection the terms “War Shipping Administration” and “Administrator, War Shipping Administration” shall be deemed to include the United States Maritime Commission with respect to the period beginning , and ending , and the term “seaman” shall be deemed to include any seaman employed as an employee of the United States through the War Shipping Administration on vessels made available to or subchartered to other agencies or departments of the United States.

(b)

Omitted.

(c)

The War Shipping Administration and its agents or persons acting on its behalf or for its account may, for convenience of administration, with the approval of the Administrator, make payments of any taxes, fees, charges, or exactions to the United States or its agencies.

Mar. 24, 1943, ch. 26, § 1 57 Stat. 45 Apr. 4, 1944, ch. 161 58 Stat. 188 Mar. 24, 1945, ch. 36, § 1(a) 59 Stat. 38 (, ; , §§ 1, 2, ; , .)

Editorial Notes

References in Text

act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42The Social Security Act, referred to in subsec. (a), is , , which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see and Tables.

act Sept. 7, 1916, ch. 458 39 Stat. 742 Pub. L. 89–554, § 8(a)Sept. 6, 196680 Stat. 632 The United States Employees Compensation Act, as amended, referred to in subsec. (a), is , , which was repealed by , , , and the provisions thereof were reenacted by the first section thereof as subchapter I (§ 8101 et seq.) of chapter 81 of Title 5, Government Organization and Employees.

act May 29, 1930, ch. 349 46 Stat. 468 act July 31, 1956, ch. 804, § 401 70 Stat. 743 Pub. L. 89–554, § 8(a)Sept. 6, 196680 Stat. 632 The Civil Service Retirement Act, as amended, referred to in subsec. (a), is , , as amended generally by , , which was repealed by , , , and reenacted by the first section thereof as subchapter III (§ 8331 et seq.) of chapter 83 of Title 5.

March 7, 1942act Mar. 7, 1942, ch. 166 56 Stat. 143 Pub. L. 89–554Sept. 6, 196680 Stat. 632 The Act of Congress approved (Public Law 784, Seventy-seventh Congress), referred to in subsec. (a), is , , popularly known as the Missing Persons Act, and was classified to sections 1001 to 1018 of the former Appendix to this title. The Act was repealed by , , § 8(a), , and reenacted by the first section thereof as subchapter VII of chapter 55 of Title 5, Government Organization and Employees, and chapter 10 of Title 37, Pay and Allowances of the Uniformed Services.

December 2, 1942act Dec. 2, 1942, ch. 668 56 Stat. 1028 section 1701 of Title 42The Act entitled “An Act to provide benefits for the injury, disability, death, or detention of employees of contractors with the United States and certain other persons or reimbursement therefor”, approved (Public Law 784, Seventy-seventh Congress), referred to in subsec. (a), is , , titles I and II of which are popularly known as the War Hazards Compensation Act, and is classified principally to chapter 12 (§ 1701 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act Mar. 9, 1920, ch. 95 41 Stat. 525 Pub. L. 109–304Oct. 6, 2006120 Stat. 1509 Section 30901 of Title 46 section 101 of Title 46The Suits in Admiralty Act, referred to in subsec. (a), is , , which was classified generally to chapter 20 (§§ 741 to 743, 744 to 752) of former Title 46, Appendix, Shipping, and was repealed and restated in chapter 309 of Title 46, Shipping, by , §§ 6(c), 19, , , 1710. provides that chapter 309 of Title 46 may be cited as the Suits in Admiralty Act. For disposition of sections of former Title 46, Appendix, to Title 46, see Disposition Table preceding .

Codification

Section was formerly classified to section 1291 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Mar. 24, 1943act Feb. 10, 1939, ch. 2 53 Stat. 177 section 409 of Title 42act Aug. 10, 1939, ch. 666, title IX, § 907 53 Stat. 1402 Section is comprised of section 1 of act . In subsec. (b) of section 1 of the Act, par. (1) amended section 1426 of the Internal Revenue Code of 1939, , , which was repealed by section 7851 of the Internal Revenue Code of 1986, Title 26; par. (2) amended , The Public Health and Welfare; and par. (3) amended section 907 of the Social Security Act Amendments of 1939, , , which is not classified to the Code.

Statutory Notes and Related Subsidiaries

Short Title

Act Mar. 24, 1943, ch. 26 57 Stat. 45 , , which enacted this chapter, is popularly known as the Clarification Act.

Transfer of Functions

Sept. 1, 1946Sept. 1, 1946Dec. 31, 1946act July 8, 1946, ch. 543, title II, § 202 60 Stat. 501 War Shipping Administration terminated as of , and functions, powers, duties, etc., transferred to United States Maritime Commission for period , to , for purpose of liquidating Administration, by , .

Pub. L. 97–31Aug. 6, 198195 Stat. 151 Pub. L. 109–304, § 19Oct. 6, 2006120 Stat. 1710 section 109 of Title 49Maritime Administration transferred from Department of Commerce to Department of Transportation by Maritime Act of 1981, , , , which was repealed in part by , , . See , Transportation.

Vessel Operations Under Revolving Fund

Vessel operations conducted under Vessel Operations Revolving Fund, applicability of subsecs. (a) and (c) of this section to, see section 50301(a) to (e) of Title 46, Shipping.

Executive Documents

Transfer of Functions

May 24, 195064 Stat. 1273 United States Maritime Commission abolished by Reorg. Plan No. 21 of 1950, eff. , 15 F.R. 3178, , set out in the Appendix to Title 5, Government Organization and Employees, which transferred part of its functions and part of functions of its Chairman to Federal Maritime Board and Chairman thereof, that Board having been created by that Plan as an agency within Department of Commerce with an independent status in some respects, and transferred remainder of Commission’s functions and functions of its Chairman to Secretary of Commerce, with power vested in Secretary to authorize their performance by Maritime Administrator, the head of Maritime Administration, which likewise was established by the Plan in Department of Commerce with provision that Chairman of Federal Maritime Board should, ex officio, be that Administrator.

Aug. 12, 196175 Stat. 843 Federal Maritime Board, including offices of members of Board, abolished by section 304 of Reorg. Plan No. 7 of 1961, eff. , 26 F.R. 7315, , set out in the Appendix to Title 5, Government Organization and Employees. Functions of Board transferred either to Federal Maritime Commission or to Secretary of Commerce by sections 103 and 202 of Reorg. Plan No. 7 of 1961.

80 Stat. 1610 June 25, 1966section 3508(b) of Title 20Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, 31 F.R. 8855, , effective , set out in the Appendix to Title 5, Government Organization and Employees. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by , Education.