Notes on 14 U.S.C. § 1 : US Code - Notes

Search Notes on 14 U.S.C. § 1 : US Code - Notes

(Aug. 4, 1949, ch. 393, 63 Stat. 496; Pub. L. 94-546, Sec. 1(1),
Oct. 18, 1976, 90 Stat. 2519; Pub. L. 107-296, title XVII, Sec.
1704(a), Nov. 25, 2002, 116 Stat. 2314.)
HISTORICAL AND REVISION NOTES
Based on title 14, U.S.C., 1946 ed., Sec. 1 (Jan. 28, 1915, ch.
20, Sec. 1, 38 Stat. 800; July 11, 1941, ch. 290, Secs. 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.
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.,
Sec. 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 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.
Changes were made in phraseology. 81st Congress, House Report No.
557.
AMENDMENTS
2002 - Pub. L. 107-296 substituted "Department of Homeland
Security" for "Department of Transportation".
1976 - Pub. L. 94-546 substituted "Department of Transportation"
for "Treasury Department".
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective on the date of transfer of
the Coast Guard to the Department of Homeland Security, see section
1704(g) of Pub. L. 107-296, set out as a note under section 101 of
Title 10, Armed Forces.
SHORT TITLE OF 2006 AMENDMENT
Pub. L. 109-241, Sec. 1, July 11, 2006, 120 Stat. 516, provided
that: "This Act [see Tables for classification] may be cited as the
'Coast Guard and Maritime Transportation Act of 2006'."
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108-293, Sec. 1, Aug. 9, 2004, 118 Stat. 1028, provided
that: "This Act [see Tables for classification] may be referred to
as the 'Coast Guard and Maritime Transportation Act of 2004'."
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107-295, title III, Sec. 301, Nov. 25, 2002, 116 Stat.
2102, provided that: "This title [amending sections 259, 260, 271,
336, and 511 of this title, sections 1203, 1231a, 2073, 2302, and
2752 of Title 33, Navigation and Navigable Waters, and sections
2110, 2302, 4508, 7302, 8701, and 13110 of Title 46, Shipping, and
enacting provisions set out as notes under sections 88 and 92 of
this title and section 1113 of Title 33] may be cited as the 'Coast
Guard Personnel and Maritime Safety Act of 2002'."
Pub. L. 107-295, title IV, Sec. 401, Nov. 25, 2002, 116 Stat.
2113, provided that: "This title [see Tables for classification]
may be cited as the 'Omnibus Maritime and Coast Guard Improvements
Act of 2002'."
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 offices and officers of
Department of the Treasury transferred to Secretary of
Transportation by Pub. L. 89-670, Sec. 6(b)(1), Oct. 15, 1966, 80
Stat. 931. 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 this title. See section 108 of Title 49,
Transportation.