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SECTION 48-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., §§ 11a, 12 (Apr. 16, 1908, ch. 145, § 1, 35 Stat. 61; Jan. 12, 1923, ch. 25, § 2, 42 Stat. 1130; May 24, 1939, ch. 148, § 3, 53 Stat. 757; June 6, 1940, ch. 257, §§ 1 (b), 3, 54 Stat. 246; July 23, 1947, ch. 301, § 2, 61 Stat. 409).

Said sections have been divided. The provisions of the proviso of title 14, U. S. C., 1946 ed., § 11a and the first proviso of title 14, U. S. C., 1946 ed., § 12 are placed in this section and the remainder is placed in section 47 of this title.

The provision that Engineers in Chief shall be additional numbers in their grades, upon termination of appointment as Engineer in Chief, is retained without making any provision as to grades to which such officers may be promoted.

SECTION 49-SECTION Revised

Based on title 14, U. S. C., 1946 ed., §§ 161a, 162 (Jan. 12, 1923, ch. 25, § 2, 42 Stat. 1130; June 6, 1940, ch. 257, §§ 1 (b), 3, 54 Stat. 246; July 23, 1947, ch. 301, § 2, 61 Stat. 409; May 19, 1948, 62 Stat. 239).

Sec.

Changes in phraseology were made.

CHAPTER 5. FUNCTIONS AND POWERS

81. Aids to navigation authorized.

82. Cooperation with Administrator of Civil Aeronautics. 83. Unauthorized aids to maritime navigation; penalty.

84. Interference with aids to navigation; penalty.

85. Failure to maintain lights; penalty.

86. Marking of obstructions.

87. Buoys; color and numbering; passing.

88. Saving life and property.

89. Law enforcement.

90. Ocean stations.

91. Safety of naval vessels.

92. Secretary; general powers.

93. Commandant; general powers.

SECTION 81-SECTION REVISED

Based on title 14, U. S. C., 1946 ed; §§ 50m, 500, and on title 33, U. S. C., 1946 ed., §§ 720, 720a, 739, 740, 740a, 740b, 769 (R. S. 4668; June 23, 1874, ch. 455, § 1, 18 Stat. 220; June 17, 1910, ch. 301, § 7, 36 Stat. 538; Mar. 3, 1915, ch. 81, § 5, 38 Stat. 927; Aug. 28, 1916, ch. 414, § 3, 39 Stat. 538; May 22, 1926, ch. 371, § 6, 44 Stat. 626; Feb. 25, 1925, ch. 313, § 3, 45 Stat. 1262; Aug. 16, 1937, ch. 665, § 3, 50 Stat. 667; June 26, 1948, ch. 672, §§ 1, 3, 62 Stat. 1050).

Minor changes in phraseology were made in order to adapt these sections to this revision.

SECTION 82-SECTION UNCHANGED

Based on title 14, U. S. C., 1946 ed., § 50n (June 26, 1948, ch. 672, § 2, 62 Stat. 1050).

SECTION 83-SECTION REVISED

Based on title 33, U. S. C., 1946 ed., § 759 (June 20, 1906, ch. 3447, § 3, 34 Stat. 324; June 17, 1910, ch. 301, § 6, 36 Stat. 538; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1939 Reorg. Plan No. II, § 2(a), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1432).

Changes in phraseology were made.

SECTION 84-SECTION REVISED

Based on title 33, U. S. C., 1946 ed., §§ 761, 762 (May 14, 1908, ch. 168, § 6, 35 Stat. 162; June 17, 1910, ch. 301, § 6, 36 Stat. 538; Mar. 3, 1915, ch. 81, § 8, 38 Stat. 928; 1939 Reorg. Plan No. II, § 2 (a), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1432).

Changes in phraseology were made.

SECTION 85-SECTION REVISED

Based on title 33, U. S. C., 1946 ed., § 760 (May 14, 1908, ch. 168, $5, 35 Stat. 162).

Changes in phraseology were made.

SECTION 86-SECTION REVISED

Based on title 33, U. S. C., 1946 ed., § 736 (R. S. 4676; June 17, 1910, ch. 301, § 6, 36 Stat. 538; Aug. 16, 1937, ch. 665, § 1, 50 Stat. 666; 1939 Reorg. Plan No. II, § 2 (a), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1432).

Changes in phraseology were made.

SECTION 87-SECTION REVISED

Based on title 33, U. S. C., 1946 ed., § 734 (R. S. 4678).

The word "vertical" in the last line is substituted for "perpendicular".

SECTION 88-NEW SECTION

Derived from title 14, U. S. C., 1946 ed., §§ 29, 53, 55, 60, 61, 62, 63, 104 (R. S. 1536, R. S. 2759; June 18, 1878, ch. 265, § 4, 20 Stat. 163; April 19, 1906, ch. 1640, §§ 1-3, 34 Stat. 123; May 12, 1906, ch. 2454, 34 Stat. 190; June 24, 1914, ch. 124, 38 Stat. 387; Aug. 29, 1916, ch. 417, 39 Stat. 601; Aug. 6, 1947, ch. 502, 61 Stat. 786).

This section broadens existing law in that it authorizes the Coast Guard to engage in saving life and property in the broadest possible terms, without limitation as to place. This section reflects existing sentiment as to Coast Guard functions in relation to saving life and property. There is no intention to supersede or conflict with the present authority of the Civil Aeronautics Board to investigate certain aircraft wrecks.

SECTION 89-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., §§ 45-47, 51, 52, 66, 67, 104, and on title 33, U. S. C., 1946 ed., § 755 (R. S. 2747, 2758, 2760; June 18, 1878, ch. 265, § 4, 20 Stat. 163; June 16, 1880, ch. 235, 21

90571-49- -2

Stat. 263; June 22, 1936, ch. 705, §§ 1-3, 49 Stat. 1820; July 11, 1941, ch. 290, § 7, 55 Stat. 585).

The words "or such merchandise" are inserted in the last clause of subsection (a) in order to provide for situations where it may be desirable to seize merchandise without seizing the vessel.

Changes in phraseology were made in order to adapt the section to this revision.

SECTION 90-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., §§ 50k, 501 (June 22, 1948, ch. 600, 62 Stat. 574).

Minor changes in phraseology were made in order to adapt the section to this revision.

SECTION 91-SECTION REVISED

Based on title 14, U. S. C., 1946 ed. § 48a (Nov. 15, 1941, ch. 471, § 1, 55 Stat. 763).

Minor changes in phraseology were made in order to adapt the section to this revision.

SECTION 92-NEW SECTION

This section grants broad general powers concerning policy matters to the Secretary. Many of the powers are contained in existing law but some are enlarged and some additional powers are added as explained following.

Subsection (a) is based on title 14, U. S. C., 1946 ed., § 95 (Aug. 29, 1916, ch. 417, 39 Stat. 601). Said section has been divided. The provision authorizing the Secretary to man stations seems more appropriately given to the operational head of the Service, the Commandant, and for that reason is incorporated in section 93 (c) of this title. Changes in phraseology were made.

Subsection (b) is based on title 14, U. S. C., 1946 ed., §§ 28, 42 (Aug. 16, 1916, ch. 417, 39 Stat. 601; July 3, 1926, ch. 742, § 11, 44 Stat. 817). These sections were rewritten in order to broaden existing authority in regard to the training of Coast Guard personnel at schools of the other armed forces, thus approaching a practice of war time, and making for economy in the training of Service personnel; such training would be on a basis mutually satisfactory to the Secretaries involved.

Subsection (c) is based on R. S. 4242 and on title 14, U. S. C., 1946 ed. §§ 29, 93, 94, 98a (R. S. 4245, 4249; May 4, 1882, ch. 117, § 2, 22 Stat. 56; Aug. 29, 1916, ch. 417, 39 Stat. 601; June 6, 1940, ch. 257, § 4, 54 Stat. 247; Aug. 6, 1947, ch. 502, 61 Stat. 786). This subsection broadens existing law in that it provides general legislative authority for the construction and disposal of shore establishments of all types including aviation stations.

Subsection (d) is based in part on title 14, U. S. C., 1946 ed., §§ 55, 57, 69, 109, and in part on title 31, U. S. C., 1946 ed., §§ 487, 720 (R. S. 2748, 3618, 3692; June 18, 1878, ch. 265, § 3, 20 Stat. 163; Aug. 29, 1916, ch. 417, 39 Stat. 601). This subsection broadens existing law in that it provides general legislative authority for the design, construction, acquisition by other means, and disposal of vessels.

Subsection (e) is new. It is derived from title 14, U. S. C., 1946 ed., § 31b (June 6, 1941, ch. 177, 55 Stat. 247) which provides for the exchange of vehicles, planes, and engines; similar authority in relation to vessels, is granted to the Secretary by this subsection and should prove advantageous to the Government.

Subsection (f) is based on title 14, U. S. C., 1946 ed., § 96 and on title 33, U. S. C., 1946 ed., §§ 729, 730, 731 (Mar. 3, 1875, ch. 130, § 1, 18 Stat. 372; Mar. 4, 1909, ch. 299, 35 Stat. 972; June 17, 1910, ch. 301, § 9, 36 Stat. 538; Mar. 4, 1913, ch. 168, 37 Stat. 1018). This subsection broadens the power of the Secretary to receive as a gift or purchase sites for stations, to include the acquisition of land by any means provided it is for the purpose of executing duties and functions of the Coast Guard.

Subsection (g) is based in part on title 33, U. S. C., 1946 ed., § 732 (Aug. 28, 1916, ch. 414, § 2, 39 Stat. 538; July 11, 1941, ch. 290, § 1, 55 Stat. 584) and grants authority to the Secretary to exchange interests in land as payment or part payment for other interests in land for the purpose of executing the duties and functions of the Coast Guard; this authority, on the basis of past experience, will prove advantageous to the Government.

Subsection (h) is new and merely insures that the Secretary may exercise any of the powers granted to the Commandant in this title. Subsection (i) is based in part on title 14, U. S. C., 1946 ed., §§ 51, 131 (R. S. 2756, 2758) and insures that the Secretary may do anything necessary to carry out the purposes of this title.

SECTION 93-NEW SECTION

This section grants powers to the Commandant concerning, in general, operations within the Service and the internal functioning of the Service. Many of the powers are contained in existing law, but some are enlarged, and some additional powers are added as explained following.

Subsection (a) is derived from title 14, U. S. C., 1946 ed., § 53 (R. S. 1536). The authority to order vessels to cruise along the coasts should be in the operational head of the Service, and not in the President. This section is changed to cover adequately the necessary present day cruising and patrolling.

Subsection (b) is derived from R. S. 4242 and title 14, U. S. C., 1946 ed., §§ 29, 93, 94, 95, 97, 98a (R. S. 4245, 4249; May 4, 1882, ch. 117, §§ 2, 3, 22 Stat. 56; Aug. 29, 1916, ch. 417, 39 Stat. 601; Aug. 6, 1947, ch. 502, 61 Stat. 786; June 6, 1940, ch. 257, § 4, 54 Stat. 247) and specifically grants to the Commandant authority in regard to the establishment, discontinuance, and change of Coast Guard shore establishments other than Coast Guard districts. This power must exist inherently in order for the Service to function efficiently.

Subsection (c) is derived from title 14, U. S. C., 1946 ed., §§ 54, 97, 112 (May 4, 1882, ch. 117, § 3, 22 Stat. 56; May 30, 1908, ch. 231, 35 Stat. 553; Apr. 21, 1910, ch. 182, § 2, 36 Stat. 326) and specifically grants to the Commandant authority in regard to the assignment of vessels, vehicles, aids to navigation, and other equipment. This power is inherent to the proper functioning of any Service.

Subsection (d) is based on title 14, U. S. C., 1946 ed., § 91 (June 18, 1878, ch. 265, § 7, 20 Stat. 164; June 10, 1921, ch. 18, § 304, 42 Stat.

24; July 3, 1926, ch. 742, § 9, 44 Stat. 817). Said section has been divided. The part dealing with investigation of plans and inventions is covered in this subsection in broader terms, and the other parts are covered in general terms in section 632 of this title.

Subsection (e) is based on title 14, U. S. C., 1946 ed., § 111 (June 18, 1878, ch. 265, § 9, 20 Stat. 164). This section has been rewritten to broaden the authority to include any investigation or study that may be of assistance to the Coast Guard, the limitation as to investigation of shipwrecks having been eliminated.

Subsection (f) is new and is intended to give legislative recognition to the importance of disseminating information by the Coast Guard for the promotion of safety at sea, life-saving techniques, and other Coast Guard activities.

Subsection (g) is new and provides for the training of Coast Guard personnel at other than schools or institutions of the other armed forces. Such training is essential and has been carried on under the authority of appropriation acts for many years.

Subsection (h) is based in part on title 14, U. S. C., 1946 ed., §§ 69, 108, 109 (R. S. 2748; June 20, 1874, ch. 344, § 9, 18 Stat. 127; June 18, 1878, ch. 265, § 3, 20 Stat. 163) and is intended to complement the authority granted to the Secretary in sec. 92 (d) of this title granting similar authority to the Commandant as to smaller craft.

Subsection (i) is based in part on title 14, U. S. C., §§ 108, 109, and on title 33, U. S. C., 1946 ed., § 752 (June 20, 1874, ch. 344, § 9, 18 Stat. 127; June 18, 1878, ch. 265, § 3, 20 Stat. 163; Mar. 4, 1913, ch. 168, 37 Stat. 1018) and grants power to the Commandant to acquire and dispose of various equipment and supplies. The authority with respect to the acceptance of such equipment as a gift is new.

Subsection (j) is new and grants power to the Commandant to operate and maintain shore establishments; previously such authority has been inferred from statutes providing for the establishment of shore stations; again such authority is inherent to the functioning of any Service, and this section will provide no greater authority than has been exercised in the past.

Subsection (k) is based on title 14, U. S. C., 1946 ed., § 31b (June 6, 1941, ch. 177, 55 Stat. 247). The primary authority is granted to the Commandant as well as to the Secretary inasmuch as such exchange seems to be an operational matter and the items which may be exchanged have been enlarged by the addition of aids to navigation, appliances, equipment, and supplies.

Inasmuch as the act cited above applies to the Navy as well as the Coast Guard it is not scheduled for repeal but is being amended by section 13 of this act to eliminate reference to the Coast Guard.

Subsection (1) is new and is deemed desirable in order to give legislative authority for existing yards, and for the procurement of needed equipment and material in case such is not normally or economically obtainable from private contractors.

Subsection (m) is based on title 14, U. S. C., 1946 ed., §§ 110, 192 (June 20, 1874, ch. 344, § 6, 18 Stat. 127; June 18, 1878, ch. 265, § 10, 20 Stat. 165; July 3, 1926, ch. 742, § 9, 44 Stat. 817). The power to accept volunteer services is enlarged to include all services offered in time of emergency, to save life or protect property, and the restrictive provisions relating to lifeboat stations only have been eliminated. Changes in phraseology were made.

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