§ 763a-2. — Application to persons of Coast Guard.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC763a-2]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 16--LIGHTHOUSES
Sec. 763a-2. Application to persons of Coast Guard
The provisions of sections 763 and 763a-1 of this title shall not
apply to persons of the Coast Guard other than officers and employees of
the former Lighthouse Service who, on June 30, 1939, met the
requirements for retirement (except those relating to age and period of
service) of said sections.
(June 6, 1940, ch. 257, Sec. 7, 54 Stat. 247.)
Codification
Sections 763 and 763a-1 of this title, referred to in text, was, in
the original: ``The provisions of section 6 of the Act approved June 20,
1918 (40 Stat. 608), as amended and supplemented (U.S.C., 1934 edition,
Supp. V., title 33, secs. 763 and 763a-1)''.
Transfer of Functions
Bureau of Lighthouses, of which Lighthouse Service was a part,
transferred and consolidated with Coast Guard by Reorg. Plan No. II of
1939, Sec. 2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432, set out
in the Appendix to Title 5, Government Organization and Employees.
For transfer of functions of other officers, employees, and agencies
of Department of the Treasury, with certain exceptions, to Secretary of
the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950,
Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set
out in the Appendix to Title 5. Functions of Coast Guard, and Commandant
of Coast Guard, were excepted from transfer when Coast Guard is
operating as part of Navy under sections 1 and 3 of Title 14, Coast
Guard.
Coast Guard transferred to Department of Transportation, and all
functions, powers, and duties relating to Coast Guard of Secretary of
the Treasury and of other officers and offices of Department of the
Treasury transferred to Secretary of Transportation by Pub. L. 89-670,
Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L.
89-670, however, provided that notwithstanding such transfer of
functions, Coast Guard shall operate as part of Navy in time of war or
when President directs as provided in section 3 of Title 14. See section
108 of Title 49, Transportation.
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
