§ 1235. — Transfer of authority to regulate to head of other department.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1235]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25--PORTS AND WATERWAYS SAFETY PROGRAM
Sec. 1235. Transfer of authority to regulate to head of other
department
The authority and power bestowed upon the Commandant of the Coast
Guard by sections 1233 and 1234 of this title may be transferred for any
special occasion to the head of another department by the President
whenever in his judgment such transfer is desirable.
(Apr. 28, 1908, ch. 151, Sec. 3, 35 Stat. 69; Mar. 4, 1913, ch. 141,
Sec. 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, Secs. 101-104, eff. July
16, 1946, 11 F.R. 7875, 60 Stat. 1097.)
Codification
Section was not enacted as part of the Ports and Waterways Safety
Act which comprises this chapter.
Section was formerly classified to section 456 of former Title 46,
Shipping.
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.
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, Coast
Guard. See section 108 of Title 49, Transportation.
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, Government Organization and Employees.
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.
``Commandant of the Coast Guard'' substituted for ``Secretary of
Commerce'' on authority of Reorg. Plan No. 3 of 1946, Secs. 101-104, set
out in the Appendix to Title 5.
Upon incorporation into the Code, the words ``Secretary of
Commerce'' were substituted for ``Secretary of Commerce and Labor'' to
conform to act Mar. 4, 1913, which provided that the Secretary of
Commerce and Labor should be called the Secretary of Commerce.
Section Referred to in Other Sections
This section is referred to in sections 1234, 1236 of this title.
