§ 108. — Coast Guard.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC108]
TITLE 49--TRANSPORTATION
SUBTITLE I--DEPARTMENT OF TRANSPORTATION
CHAPTER 1--ORGANIZATION
Sec. 108. Coast Guard
(a)(1) The Coast Guard is a part of the Department of
Transportation. The Secretary of Transportation exercises all duties and
powers related to the Coast Guard vested in the Secretary of the
Treasury, and other officers and offices of the Department of Treasury,
immediately before April 1, 1967.
(2) Notwithstanding paragraph (1) of this subsection, the Coast
Guard, together with the duties and powers of the Coast Guard, shall
operate as a service in the Navy as provided under section 3 of title
14.
(b) The Commandant is the Chief of the Coast Guard. In addition to
carrying out the duties and powers specified by law, the Commandant
shall carry out duties and powers prescribed by the Secretary of
Transportation. The Commandant reports directly to the Secretary.
(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2417; Pub. L. 103-272,
Sec. 4(j)(4), July 5, 1994, 108 Stat. 1365.)
Historical and Revision Notes
Pub. L. 97-449
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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108(a)................................ 49:1655(b)(1), (2). Oct. 15, 1966, Pub. L. 89-670, Secs.
3(e)(3) (related to USCG), 6(b)(1),
(2), 80 Stat. 932, 938.
108(b)................................ 49:1652(e)(3) (related to .......................................
USCG).
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Subsection (a) reflects the transfer of the Coast Guard to the
Department of Transportation as provided by the source provisions and
14:1. The words ``Except when operating as a service of the Navy'' are
substituted for 49:1655(b)(2) because of 14:3. The words ``The Secretary
of Transportation exercises . . . vested in the Secretary of the
Treasury . . . immediately before April 1, 1967'' are substituted for
``and there are hereby transferred to and vested in the Secretary . . .
of the Secretary of the Treasury'' to reflect the transfer of duties and
powers to the Secretary of Transportation on April 1, 1967, the
effective date of the Department of Transportation Act (Pub. L. 89-670,
80 Stat. 931).
In subsection (b), the first sentence is included to provide the
name of the officer in charge of the Coast Guard, as reflected in 14:44.
In the 2d sentence, the words ``carrying out the duties and powers
specified by law'' are substituted for ``such functions, powers, and
duties as are specified in this chapter to be carried out'', and the
words ``carry out duties and powers prescribed'' are substituted for
``carry out such additional functions, powers, and duties as'', for
consistency.
Pub. L. 103-272
Section 4(j)(4) amends 49:108(a) to reflect the intent of 49
App.:1655(b)(2), on which 49:108(a) was based.
Amendments
1994--Subsec. (a). Pub. L. 103-272 designated existing provisions as
par. (1), substituted ``The Coast Guard'' for ``Except when operating as
a service in the Navy, the Coast Guard'', and added par. (2).
Transfer of Functions
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.
