LAWS GOVERNING MARINE INSPECTION Chapter 1.-ORGANIC LAWS GOVERNING UNITED STATES COAST GUARD SUBCHAPTER 1A.-GENERAL PROVISIONS REORGANIZATION PLAN NO. 3 OF 1946 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, May 16, 1946, pursuant to the provisions of the Reorganization Act of 1945, approved December 20, 1945.1 Part I. Department of the Treasury SECTION 101. Functions transferred to the United States Coast Guard. (a) There are hereby transferred to the Commandant of the Coast Guard those functions of the bureau, offices, and boards specified in the first sentence of section 104 of this plan, and of the Secretary of Commerce, which pertain to approval of plans for the construction, repair, and alteration of vessels; approval of materials, equipment, and appliances; classification of vessels; inspection of vessels, and their equipment and appliances; issuance of certificates of inspection and of permits indicating the approval of vessels for operations which may be hazardous to life or property; administration of load line requirements; enforcement of other provisions for the safety of life and property on vessels; licensing and certificating of officers, pilots, and seamen; suspension and revocation of licenses and certificates; investigation of marine casualties; enforcement of manning requirements, citizenship requirements, and requirements for the mustering and drilling of crews, control of logbooks, shipment, discharge, protection, and welfare of merchant seamen; enforcement of duties of shipowners and officers after accidents; promulgation and enforcement of rules for lights, signals, speed, steering, sailing, passing, anchorage, movement, and towlines of vessels and lights and signals on bridges; numbering of undocumented vessels; prescription and enforcement of regulations for outfitting and operation of motorboats; licensing of motorboat operators; regulation of regattas and marine parades; all other functions of such bureau, offices, and boards which are not specified in section 102 of this plan; and all other functions of the Secretary of Commerce pertaining to those functions of the agencies abolished under section 104 of this plan which are not specified in section 102 of this plan, including the remission and mitigation of fines, penalties, and forfeitures incurred 1 Effective July 16, 1946, under the provisions of section 6 of the act; published pursuant to section 11 of the act (Public Law 263, 79th Cong.). 763-778 065-2 1 under the laws governing these functions and those incurred under the act of December 17, 1941 (55 Stat. 808), as amended (47 U.S.C. 353 note). (b) The functions relating to the award of numbers to undocumented vessels vested by law in the Collectors of Customs are hereby transferred to the Commandant of the Coast Guard. SECTION 102. Functions transferred to Bureau of Customs. There are hereby transferred to the Commissioner of Customs those functions of the bureau, offices, and boards specified in the first sentence of section 104 of this plan, and of the Secretary of Commerce, which pertain to registry, enrollment, and licensing of vessels, including the issuance of commissions to yachts, the assignment of signal letters, and the preparation of all reports and publications in connection therewith; measurement of vessels, administration of tonnage duties, and collection of tolls; entry and clearance of vessels and aircraft, regulation of vessels in the coasting and fishing trades, and limitation of the use of foreign vessels in waters under the jurisdiction of the United States; recording of sales, conveyances, and mortgages of vessels; protection of steerage passengers; all other functions of such bureau, offices, and boards which were performed by the Bureau of Customs on behalf thereof immediately prior to the effective date of Executive Order No. 9083 of February 28, 1942 (7 F.R. 1609); and the power to remit and mitigate fines, penalties and forfeitures incurred under the laws governing these functions. SECTION 103. Powers of the Secretary of the Treasury. The functions transferred by sections 101 and 102 of this plan may be performed through such officers and employees of the United States Coast Guard and the Bureau of Customs, respectively, as may be designated by the Commandant of the Coast Guard and the Commissioner of Customs, respectively, and shall be performed subject to the direction and control of the Secretary of the Treasury except as otherwise required by law with respect to the United States Coast Guard whenever it operates as a part of the Navy. SECTION 104. Abolition of agencies. The Bureau of Marine Inspection and Navigation, the office of the director thereof, the offices of supervising inspectors, principal traveling inspectors, local inspectors, assistant inspectors, shipping commissioners, deputy shipping commissioners, and the Board of Supervising Inspectors, the Boards of Local Inspectors, the Marine Casualty Investigation Board, and the Marine Boards are hereby abolished. The Secretary of the Treasury shall provide for winding up those affairs of the said abolished agencies which are not otherwise disposed of herein. 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, 19491 [sections 133z to 133z-15 of title 5]. DEPARTMENT OF THE TREASURY SECTION 1. TRANSFER OF FUNCTIONS (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. SECTION 2. PERFORMANCE OF FUNCTIONS OF SECRETARY 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, 1 Effective July 31, 1950, under the provisions of section 6 of this act; published pursuant to section 11 of this act. 3 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. ASSIGNMENT OF FUNCTIONS UNDER REORGANIZATION PLAN NO. 26 OF 1950 The following Treasury Department Order 120 (15 F.R. 6521) was issued by the Secretary of the Treasury under date of July 31, 1950: By virtue of the authority vested in me by Reorganization Plan No. 26 of 1950, it is directed that officers, employees, and agencies of the Treasury Department shall continue to perform the functions they were authorized to perform immediately prior to the effective date of the Reorganization Plan, and authorized regulations and procedures in effect immediately prior to the effective date of the Reorganization Plan shall continue in effect until changed by the appropriate authority. NOTE. Since the Treasury Department Order 120 continued statutory functions in the same manner and to same extent as though Reorganization Plan No. 26, 1950, had not been issued until such time that other actions are taken by appropriate authority to change the administration of the laws affected by this Plan, the text of the laws affected by this Plan were not changed to show effect of this Plan. Subsequent Treasury Department orders containing specific delegations of authority are printed with the laws affected. Establishment of Coast Guard 14 U.S.C. 1 The Coast Guard as established January 28, 1915, shall be a military service and a branch of the armed forces of the United States at all times. The Coast Guard shall be a service in the Treasury Department, except when operating as a service in the Navy. (Aug. 4, 1949, c. 393, § 1, 63 Stat. 496.) Primary duties 14 U.S.C. 2 The Coast Guard shall enforce or assist in the enforcement of all applicable Federal laws upon the high seas and waters subject to the jurisdiction of the United States; shall administer laws and promulgate and enforce regulations for the promotion of safety of life and property on the high seas and on waters subject to the jurisdiction of the United States covering all matters not specifically delegated by law to some other executive department; shall develop, establish, maintain, and operate, with due regard to the requirements of national defense, aids to maritime navigation, ice-breaking facilities, and |