« iepriekšējāTurpināt »
REORGANIZATION PLAN NO. 26 OF 1950 Prepared by the President and transmitted to the Senate and the
House of Representatives in Congress assembled, May 31, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 [sections 133z to 1332-15 of title 5].
DEPARTMENT OF THE TREASURY
SECTION 1. TRANSFER OF FUNCTIONS
TO THE SECRETARY
(a) Except as otherwise provided in subsection (b) of this section, and subject to the provisions of subsection (c)
of this section, there are hereby transferred to the Secretary of the Treasury all functions of all other officers of the Department of the Treasury and all functions of all agencies and employees of such Department.
(b) This section shall not apply to the functions vested by the Administrative Procedure Act (60 Stat. 237) [section 1001 et seq. of this title] in hearing examiners employed by the Department of the Treasury or to functions vested by any provision of law in the Comptroller of the Currency.
(c) Notwithstanding the transfer to the Secretary of the Treasury of the functions of the United States Coast Guard and of the functions of the Commandant of the Coast Guard, effected by the provisions of subsection (a) of this section, such Coast Guard, together with the said functions, shall operate as a part of the Navy, subject to the orders of the Secretary of the Navy, in time of war or when the President shall so direct, as provided in section 1 of the Act of January 28, 1915.
PERFORMANCE OF FUNCTIONS
The Secretary of the Treasury may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or employee of the Department of the Treasury of any function of the Secretary, including any function transferred to the Secretary by the provisions of this reorganization plan.
SECTION 3. ADMINISTRATIVE ASSISTANT SECRETARY
There shall be in the Department of the Treasury an Administrative Assistant Secretary of the Treasury, who shall be appointed, with the approval of the President by the Secretary of the Treasury under the classified civil service, who shall perform such duties as the Secretary shall prescribe, and who shall receive compensation at the rate of $14,000 per annum.
SECTION 4. INCIDENTAL TRANSFERS
The Secretary of the Treasury may from time to time effect such transfers within the Department of the Treasury of any of the records, property, personnel, and unexpended balances (available or to be made available) of appropriations, allocations, and other funds of such Department as he may deem necessary in order to carry out the provisions of this reorganization plan. Administration of inspection laws 46 U.S.C. 372 (R.S. 4403)
The Commandant of the Coast Guard shall superintend the administration of the steamboat-inspection laws, and produce a correct and uniform administration of the inspection laws, rules, and regulations. Superintendence of commercial marine and merchant seamen;
documentation 46 U.S.C. 2
The Commandant of the Coast Guard and the Commissioner of Customs shall have general superintendence of the commercial marine and merchant seamen of the United States, so far as vessels and seamen are not, under existing laws, subject to the supervision of any other officer of the Government. The Commissioner of Customs shall be specially charged with the decision of all questions relating to the issue of registers, enrollments, and licenses of vessels, and to the filing and preserving of those documents; and wherever in this title any of the above-named documents are required to be surrendered they shall be surrendered and returned to the Commissioner of Customs. Annual list of vessels; report of increase; report on navigation
laws 46 U.S.C. 4
The Commissioner of Customs shall annually prepare and publish a list of vessels of the United States belonging to the commercial marine, specifying the official number, signal letters, names, rig, tonnage, home port, and place and date of building of every vessel, distinguishing in such list sailing vessels from such as may
propelled by steam or other motive power. He shall also report annually to the Secretary of the Treasury the increase of vessels of the United States, by building or otherwise, specifying their number, rig, and motive power. The Commandant of the Coast Guard and the Commissioner of Customs shall also investigate the operations of the laws relative to navigation, and annually report to the Secretary of the Treasury such particulars as may, in their individual judgment, admit of improvement or may require amendment.
PLANS AND SPECIFICATIONS FOR CONSTRUCTION
OR ALTERATION OF PASSENGER VESSELS
Examination and approval by Commandant of the Coast Guard 46 U.S.C. 369
(a) There shall be in the Coast Guard a technical staff, consisting of the Commandant and technical members who shall be selected for their knowledge, skill, and practical experience in designing and supervising the construction and operation of vessels propelled by machinery, and they shall be competent judges of the character, strength, stability, and safety qualities of such vessels and their equipment. Such technical members shall be appointed by the Commandant of the Coast Guard, without reference to the civil service laws and regulations. The Commandant of the Coast Guard with the advice and assistance of the technical staff so appointed shall pass upon all contract plans and specifications for passenger vessels of the United States of one hundred gross tons and over, propelled by machinery, as provided for by subsection (b) of this section, including the installation of tested and effective sprinkler systems, and upon arrangement plans for all material alterations to existing vessels. Such approval shall be given promptly and with due regard to the orderly progress of the work but only when the Commandant is satisfied, after a full and complete examination of the plans and specifications, that the vessel, when built or altered, as the case may be, can be navigated with safety to those on board.' In case the said Commandant shall disapprove such plans and specifications, the person or persons submitting the same shall be apprised thereof the reasons for such disapproval and advised of the amendments necessary to secure such approval. The Commandant shall, at as early a date as practicable, and from time to time thereafter as he shall deem advisable, formulate and publish regulations and instructions for the guidance of builders of prospective vessels showing the safety characteristics of vessels which will meet the approval of the Commandant. (b) No passenger vessel of the United States of one hundred
gross tons and over, propelled by machinery, the construction or material alteration of which shall be begun subsequent to May 27, 1936, shall be granted a certificate of inspection by the Coast Guard unless the said general contract plans and specifications therefor shall have been submitted at least in triplicate to and approved by the aforesaid Commandant of the Coast Guard before the construction of such vessel or alteration thereof shall have been commenced; nor shall any such vessel, the said plans or specifications for which have been materially altered subsequent to such approval be granted a certificate, as aforesaid, unless such altered plans and specifications shall have been submitted at least in triplicate to and approved by the said Commandant, prior to such change in construction having been made. No such certificate shall be granted to any such vessel which has not been constructed and equipped in accordance with said plans and specifications approved as aforesaid: Provided, That approved plans and certificates of the American Bureau of Shipping classed vessels may be accepted by the Commandant as evidence of the structural efficiency
of the hull and the reliability of the machinery of such vessels, except as far as existing law places definite responsibility on the Coast Guard. The American Bureau of Shipping shall continue to function in connection with the Government, its bureaus, departments, boards, and commissions, as heretofore provided by section 881 of this title and as provided in sections 85–85g of this title or any similar act hereinafter enacted.
(c) Upon the approval by the said Commandant of the Coast Guard of the original or modified plans and specifications for any such vessel or for any subsequent alteration of such vessel, an endorsement to that effect, signed by the Commandant shall be placed upon such plans and specifications, and one copy thereof shall be delivered to the person or persons submitting the same. Whenever any Coast Guard official shall ascertain to his satisfaction that any such vessel does not conform in all material respects to said plans and specifications approved as aforesaid, he shall immediately report his conclusions to the aforesaid Commandant, setting forth the reasons for his belief; and if, after a preliminary examination of the facts of the case, the said Commandant shall be of the opinion that reasonable ground exists for believing the conclusions of such reporting officer to be correct, he shall notify the person or persons who submitted the said plans and specifications and the Coast Guard official who shall not issue the vessel's certificate of inspection until the discrepancy has been corrected to the satisfaction of the said Commandant. The final decision of the Commandant shall be reached with as little delay as the proper consideration of the question will permit. The owner of any vessel coming within the provisions of this act shall notify the Commandant of any material alterations proposed to be made on such vessel, and should any such alteration be made on such vessel before the plans and specifications for such alteration have received the approval of the said Commandant the owners shall, in addition to any suspension of the certificate of inspection which the Commandant may determine to be necessary, incur a penalty of $500 for which the vessel shall be liable and which may be mitigated or remitted by the Commandant on such condition as he may deem proper.
(d) The words “plans and specifications" wherever used in this section shall be held to include prints of all general contract plans and copies of the specifications and other matters of a similar nature, as necessary to the purposes of this section for any vessel to which this section applies. The said plans and specifications of all passenger ships of one hundred gross tons and over shall specify for fire-retardant material in their construction so far as reasonable and practicable.
(e) Any person or persons who shall alter, deface, obliterate, remove, or destroy any plans or specifications approved as provided in this section, with intent to deceive or delay any officer of the United States in the discharge of his duties under this section, shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be punished by a fine of not to exceed $5,000 or by imprisonment for not to exceed five years, or by both such fine and imprisonment, in the discretion of the court.
Regulations of the Commandant 46 U.S.C. 375 (R.S. 4405)
The Commandant of the Coast Guard shall establish all necessary regulations required to carry out in the most effective manner the provisions of title 52 of the Revised Statutes, and also regulations, prohibiting useless and unnecessary whistling, and such regulations shall have the force of law.
NOTE: Title 52 of the Revised Statutes is now contained in 46 U.S.C. 170, 214, 215, 222, 224, 224a, 226, 228, 229, 230–234, 239, 240, 361, 362, 364, 372, 375, 391, 391a, 392, 393, 399, 400, 402-414, 416, 435, 436, 451-453, 460, 461, 462, 464, 467, 470, 471 473. 477-482, 489 and 491-498. Special rules authorized; publication; hearings 33 U.S.C. 157
The Secretary of the Department in which the Coast Guard is operating shall establish such rules to be observed, on the waters described in section 154 of this title, by steam vessels in passing each other and as to the lights and day signals to be carried on such waters by ferryboats, by vessels and craft of all types when in tow of steam vessels or operating by hand power or horsepower or drifting with the current, and by any other vessels not otherwise provided for not inconsistent with the provisions of this Act, as he from time to time may deem necessary for safety, which rules are declared special rules duly made by local authority. A pamphlet containing such Act and regulations shall be furnished to all vessels and craft subject to this Act. On vessels and craft over sixty-five feet in length the pamphlet shall, where practicable, be kept on board and available for ready reference.
Except in an emergency, before any rules or any alteration, amendment, or repeal thereof, are established by the Secretary under the provisions of this section, the said Secretary shall publish the proposed rules, alterations, amendments, or repeals, and public hearings shall be held with respect thereto on such notice as the Secretary deems reasonable under the circumstances. Regulations for vessels subject to Coast Guard 46 U.S.C. 481 (R.S. 4488)
(a) In order to provide against hazard to life and property, the Secretary of the Department in which the Coast Guard is operating (hereinafter referred to as the “Secretary”) shall prescribe such rules and regulations as may be necessary for vessels subject to inspection and certification by the United States Coast Guard with respect to the following matters:
(1) Lifesaving equipment, including, but not limited to, the number, type, size, capacity, details of construction, methods of operation, stowage, maintenance, manning, use, testing, and inspecting of such equipment, and drills and exercises necessary to assure proper functioning and use of such equipment.
(2) Firefighting equipment and precautionary measures guarding against fire, including, but not limited to, the number, type,