Gambar halaman
PDF
ePub

APPENDIX

REVISION NOTES

Notes explaining in detail the revision of the laws relating to the Coast Guard, are set forth in this appendix in numerical order according to section number of the revised title.

Title 14

Sec.

Part

I. REGULAR COAST GUARD.

II. COAST GUARD RESERVE AND AUXILIARY.

751

[blocks in formation]

13. PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS15. DISCIPLINE AND RELATED MATTERS..

461

561

631

[blocks in formation]

Based on title 14, U. S. C., 1946 ed., § 1 (Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; July 11, 1941, ch. 290, §§ 5, 6 (a), 55 Stat. 585).

Said section has been divided. Provisions relating to operation under the Navy in time of war are placed in sections 3 and 4 of this title, and the remainder is in this section.

Changes in phraseology were made.

THIS SECTION CONTINUES THE COAST GUARD AS A MILITARY SERVICE AND BRANCH OF THE ARMED FORCES OF THE UNITED STATES AT ALL TIMES. BY THE ACT OF JULY 11, 1941, 55 STAT. 585 (TITLE 14, U.S. C., 1946 ED., § 1) THE COAST GUARD WAS CONSTITUTED A BRANCH OF THE LAND AND NAVAL FORCES OF THE UNITED STATES AT ALL TIMES. THIS SECTION THEREFORE MERELY CONTINUES AN EXISTING AGENCY AND CODIFIES EXISTING LAW ON THE MILITARY STATUS OF

THE COAST GUARD, SUBSTITUTING "ARMED FORCES" FOR "Land and NAVAL FORCES" BECAUSE OF THE RECENT ESTABLISHMENT OF THE

Al

DEPARTMENT OF THE AIR FORCE AS AN "ARMED FORCE" RATHER THAN AS A PART OF THE "LAND AND NAVAL FORCES". THE COAST GUARD IS DESIGNATED A SERVICE IN THE TREASURY DEPARTMENT EXCEPT WHEN OPERATING AS A SERVICE IN THE NAVY. THIS IS A BETTER DEFINITION OF THE STATUS OF THE COAST GUARD THAN ONE WHICH DEFINES IT AS A SERVICE UNDER THE TREASURY DEPARTMENT IN TIME OF PEACE, BECAUSE THE PRESIDENT IS AUTHORIZED TO PLACE THE COAST Guard undeR THE NAVY IN TIME OF EMERGENCY, WHICH

COULD BE IN TIME OF PEACE.

SECTION 2-NEW SECTION

This section defines in general terms, for the first time in any statute, all the primary duties of the Coast Guard. It is derived from title 14, U. S. C., 1946 ed., §§ 45, 50k-500, 51, 52, 53, 55, 60, 61, 62, 63, 98a, 104, 261, 301, title 33, U. S. C., 1946 ed., §§ 720, 720a, 740, 740a, 740b, title 46, U. S. C., 1946 ed., §§ 1 (footnote), 2 (R. S. 1536, 2747, 2758, 2759, 4249; June 23, 1874, ch. 455, § 1, 18 Stat. 220; June 18, 1878, ch. 265, § 4, 20 Stat. 163; July 5, 1884, ch. 221, § 2, 23 Stat. 118; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; April 19, 1906, ch. 1640, §§ 1-3, 34 Stat. 123; May 12, 1906, ch. 2454, 34 Stat. 190; June 17, 1910, ch. 301, §§ 6, 7, 36 Stat. 538; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; June 24, 1914, ch. 124, 38 Stat. 387; Mar. 3, 1915, ch. 81, § 5, 38 Stat. 927; Aug. 29, 1916, ch. 417, 39 Stat. 1820; May 22, 1926, ch. 371, § 6, 44 Stat. 626; June 30, 1932, ch. 314, § 501, 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; Aug. 16, 1937, ch. 665, § 3, 50 Stat. 667; Feb. 19, 1941, ch. 8, §§ 2, 201, 55 Stat. 9, 11; July 11, 1941, ch. 290, 7, 55 Stat. 585; Nov. 23, 1942, ch. 639, § 2 (2), 56 Stat. 102; Sept. 30, 1944, ch. 453, § 1, 58 Stat. 759; June 22, 1948, ch. 600, 62 Stat. 574; June 26, 1948, ch. 672, 62 Stat. 1050).

THIS SECTION CONTAINS A CODIFICATION OF FUNCTIONS. IT SETS FORTH IN GENERAL LANGUAGE THE PRIMARY RESPONSIBILITIES OF THE

COAST GUARD: ENFORCEMENT OF ALL FEDERAL LAWS ON WATERS TO WHICH THEY HAVE APPLICATION, SAFETY OF LIFE AND PROPERTY AT SEA, AIDING NAVIGATION, AND READINESS TO FUNCTION WITH THE NAVY. HAVING BEEN CREATED IN 1915 BY THE CONSOLIDATION OF THE REVENUE CUTTER SERVICE AND THE LIFE SAVING SERVICE, THE COAST GUARD HAS GRADUALLY BEEN GIVEN ADDITIONAL DUTIES AND RESPONSIBILITIES, SUCH AS THE ASSIGNMENT OF LAW ENFORCEMENT POWERS ON THE HIGH SEAS AND NAVIGABLE WATERS IN 1936, THE TRANSFER OF THE LIGHTHOUSE SERVICE IN 1939, AND THE TRANSFER OF THE BUREAU OF MARINE INSPECTION AND NAVIGATION IN 1942. EXISTING ALONG WITH THESE OTHER DUTIES HAS BEEN THAT OF MAINTAINING A STATE OF READINESS AS A SPECIALIZED SERVICE PREPARED FOR ACTIVE PARTICIPATION WITH THE NAVY IN TIME OF WAR. THESE VARIOUS INTERDEPENDENT FUNCTIONS OF THE SERVICE HAVE NOT BEEN EXPRESSED COLLECTIVELY IN ANY STATUTE HERETOFORE, BUT IT IS BELIEVED DESIRABLE TO DO SO IN THIS REVISION IN ORDER TO HAVE OUTLINED IN GENERAL TERMS IN ONE SECTION THE BROAD SCOPE OF THE FUNCTIONS OF THE COAST GUARD.

SECTION 3-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 1 (Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; July 11, 1941, ch. 290, §§ 5, 6 (a), 55 Stat. 585).

Said section has been divided. The provisions relating to when the Coast Guard operates as a service in the Navy are in this section. The provisions relating to the establishment of the Coast Guard are placed in section 1 of this title. The provisions relating to appropriations are placed in section 4 of this title.

Changes in phraseology were made.

SECTION 4-SECTION REVISED

Subsections (a) and (b) are based on title 14, U. S. C., 1946 ed., § 1 (Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; July 11, 1941, ch. 290, §§ 5, 6 (a), 55 Stat. 585).

Said section has been divided. The provisions relating to appropriations are in this section. The provisions relating to establishment of the Coast Guard are placed in section 1 of this title. The provisions relating to when the Coast Guard operates as a service in the Navy are placed in section 3 of this title.

The substantive changes relating to the availability of appropriations when the Coast Guard is transferred to the Navy were suggested by the Bureau of the Budget (July 11, 1941, ch. 290, § 6 (a), 55 Stat. 585).

Subsection (c) is based on title 14, U. S. C., 1946 ed., § 7 (Aug. 29, 1916, ch. 417, 39 Stat. 600).

Minor changes in phraseology were made.

Subsection (d) is derived from title 34, U. S. C., 1946 ed., §§ 355 to 356b (Feb. 4, 1919, ch. 14, §§ 2-5, 40 Stat. 1056; Aug. 7, 1942, ch. 551, 1, 56 Stat. 743).

Said sections authorized medals for presentation ". . . to any person who, while serving in any capacity with the Navy of the United States..."; inasmuch as this language includes the Coast Guard when it is operating under the Navy, this subsection entails no change in existing law.

Subsection (e) is based on title 34, U. S. C., 1946 ed., § 228 (R. S. 1442; Feb. 28, 1942, ch. 11, 59 Stat. 9).

Inasmuch as R. S. 1442 cited above applies to the Navy and Marine Corps as well as the Coast Guard it is not scheduled for repeal but is being amended by section 6 of this act to eliminate reference to the Coast Guard.

Changes in phraseology were made.

Subsection (f) is based on title 14, U. S. C., 1946 ed., § 3 (Aug. 29, 1916, ch. 417, 39 Stat. 600).

Said section has been divided. The provisions concerning applicability of Navy laws to Coast Guard personnel are placed in this sec-, tion. The provisions of the provisos of title 14, U. S. C., 1946 ed., § 3 are placed in section 571 of this title.

Changes in phraseology were made.

SECTION 5-NEW SECTION

This section is definitive and is included to obviate the necessity of spelling out in detail in each section of the bill where the Secretary is referred to, "the Secretary of the Treasury when the Coast Guard is operating in the Treasury Department and the Secretary of the Navy when the Coast Guard is operating as a service in the Navy."

Sec.

CHAPTER 3. COMPOSITION AND ORGANIZATION

41. Grades and ratings.

42. Number and distribution of commissioned officers.

43. Relative rank of commissioned officers with respect to Army and Navy. 44. Commandant; appointment.

45. Permanent grade of Commandant on expiration of term.

46. Retirement of Commandant.

47. Assistant Commandant and Engineer in Chief; appointment.

48. Permanent grade of Assistant Commandant and Engineer in Chief on expiration of term.

49. Retirement of Assistant Commandant and Engineer in Chief.

SECTION 41-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., §§ 5, 9, 21 (Apr. 12, 1902, ch. 501, § 1, 32 Stat. 100; Jan. 28, 1915, ch. 20, § 2, 38 Stat. 801; May 18, 1920, ch. 190, § 8, 41 Stat. 603; June 5, 1920, ch. 235, § 1, 41 Stat. 879; Jan. 12, 1923, ch. 25, §§ 1, 2, 42 Stat. 1130; July 3, 1926, ch. 742, §§ 3, 9, 10, 44 Stat. 815, 817).

The grades of vice admiral and rear admiral are added to make provision for the commissioned officer personnel structure of the service as provided for in this revision. The entire rating structure for enlisted men is left to the administrative discretion of the Secretary, as in the past, for reasons of flexibility.

The last two paragraphs of said section 5 are obsolete and have been omitted.

Changes in phraseology were made.

SECTION 42-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 6a (July 23, 1947, ch. 301, § 1, 61 Stat. 409).

The only change is in phraseology in the second sentence, it being necessary to include the extra numbers authorized by the Act of July 23, 1947 in the figure given as the present number of extra numbers in the Coast Guard.

SECTION 43-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 9 (Apr. 12, 1902, ch. 501, §§ 1, 2, 32 Stat. 100; Apr. 16, 1908, ch. 145, § 1, 35 Stat. 61; Mar. 2, 1929, ch. 574, § 1, 45 Stat. 1533).

The comparative table is expanded to cover the commissioned officer personnel structure as provided for in this revision, and to include all the armed forces.

SECTION 44-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 11 (Apr. 16, 1908, ch. 145, §§ 1, 2, 35 Stat. 61; Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; Jan. 12, 1923, ch. 25, § 2, 42 Stat. 1130; Apr. 23, 1930, ch. 211, 46 Stat. 253; June 9, 1937, ch. 309, § 1, 50 Stat. 252; June 6, 1940, ch. 257, § 1 (a), 54 Stat. 246).

Said section has been divided. The provisions of the first proviso are placed in section 45 of this title, and the remainder is placed in this section.

The grade of the Commandant is fixed as vice admiral rather than that prescribed for Bureau Chiefs of the Navy. The additional qualification that an officer appointed Commandant must have at least 10 years commissioned service in the Coast Guard has been inserted.

SECTION 45-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 11 (Jan. 12, 1923, ch. 25, § 2, 42 Stat. 1130; June 9, 1937, ch. 309, § 1, 50 Stat. 252; June 6, 1940, ch. 257, § 1 (a), 54 Stat. 246).

Said section has been divided. The provisions of the first proviso are placed in this section, and the remainder is placed in section 44 of this title.

The permanent grade of former Commandants is changed to that of rear admiral, with pay of the upper half. This conforms to corresponding provisions for former Commandants of the Marine Corps (see title 34, U. S. C., 1946 ed., § 623).

THIS SECTION IS DESIGNED TO SUPPLEMENT OTHER SECTIONS OF THE TITLE RELATING TO THE COMMANDANT. IT SEEMS IMPROPER FOR AN OFFICER WHO HAS SERVED AS COMMANDANT TO BE DEMOTED TO ANY GRADE BELOW THAT OF REAR ADMIRAL, WITH PAY OF THE UPPER HALF; PROVISION IS THEREFORE MADE IN THIS SECTION TO RETAIN AN EX-COMMANDANT IN THE GRADE OF REAR ADMIRAL WITHOUT PERMANENTLY MAKING EXCESS NUMBERS IN THAT GRADE.

SECTION 46-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 161 (Jan. 12, 1923, ch. 25, § 2, 42 Stat. 1130; June 25, 1936, ch. 808, 49 Stat. 1924; June 9, 1937, ch. 309, § 1, 50 Stat. 252; June 6, 1940, ch. 257, § 1 (a), 54 Stat. 246). Provision is added for retirement of the Commandant with the grade and pay of vice admiral after 3 years service, in the discretion of the President, regardless of total length of service. Provision is also added for retirement with the grade and pay of vice admiral in case of physical disability.

SECTION 47-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., §§ 11a, 12 (Apr. 16, 1908, ch. 145, §§ 1, 2, 35 Stat. 61; Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; Jan. 12, 1923, ch. 25, § 2, 42 Stat. 1130; May 24, 1939, ch. 148, §§ 2, 3, 53 Stat. 757; June 6, 1940, ch. 257, §§ 1 (b), 3, 54 Stat. 246; July 23, 1947, ch. 301, § 2, 61 Stat. 410; May 19,1948, 62 Stat. 239).

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 section 48 of this title and the remainder is placed in this section.

The provisions regarding appointment of the Assistant Commandant and Engineer in Chief are coordinated, inasmuch as these positions are about equal in the Coast Guard organization. The qualification that the Engineer in Chief be appointed from the active list of engineering officers is changed to the active list of officers who have qualified for engineering duty, because there is no longer any provision for a corps of engineering officers.

« SebelumnyaLanjutkan »