[USC02] 33 USC Ch. 16: LIGHTHOUSES
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33 USC Ch. 16: LIGHTHOUSES
From Title 33—NAVIGATION AND NAVIGABLE WATERS

CHAPTER 16—LIGHTHOUSES

Sec.
711 to 716. Omitted or Repealed.
717.
Detail of Army engineers as construction aids.
717a to 724. Repealed or Omitted.
725.
Prohibition against officers and employees being interested in contracts for materials, etc.
726.
Repealed.
727.
Lighthouse and other sites; necessity for cession by State of jurisdiction.
728.
Sufficiency of cession by State; service of State process in lands ceded.
729, 730.
Repealed.
730a.
Sites for pierhead beacons.
731 to 734. Repealed or Transferred.
735.
Marking pierheads in certain lakes.
736 to 742. Repealed or Omitted.
743.
Lighthouse districts.
744, 745.
Omitted or Repealed.
745a.
Traveling expenses of new appointees to isolated posts outside United States.
746 to 747a. Repealed.
747b.
Lighthouse keepers; traveling expenses incurred in obtaining medical attention.
748.
Teachers for children of lighthouse keepers.
748a.
Transportation expenses for school children.
749 to 754. Repealed or Omitted.
754a.
Purchase of commissary and quartermaster supplies.
755 to 762. Repealed.
763.
Retirement for age of officers and employees generally; retirement pay; waiver of retirement pay.
763–1.
Increase of retired pay.
763–2.
Additional increase of retired pay.
763a.
Repealed.
763a–1.
Retirement, exceptions for age and period of service.
763a–2.
Application to persons of Coast Guard.
763b to 764. Repealed or Omitted.
765.
Retirement for disability.
766.
Restoration to active duty after retirement for disability.
767 to 769. Repealed.
770.
Regulations for expenditure of moneys accruing from commutation of rations and provisions.
771.
Benefits for surviving spouses of Lighthouse Service employees; death of employee during retirement; amount of payment.
772.
Death of employee due to non-service-connected causes after 15 years' service; amount of payment.
773.
Application for benefits.
774.
Rules and regulations.
775.
Payments nonassignable and exempt from process.
776.
Payment out of Civil Service Retirement and Disability Fund.

        

§§711 to 715. Omitted

Codification

Sections related to the establishment of the Bureau of Lighthouses in the Department of Commerce. The Bureau of Lighthouses and its functions were transferred to and consolidated with the Coast Guard in the Department of the Treasury to be administered as a part thereof by Reorg. Plan No. II of 1939, §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. Further provision to perfect the consolidation of the Lighthouse Service with the Coast Guard by authorizing the commissioning, appointment, and enlistment in the Coast Guard, of certain officers and employees of the Lighthouse Service, was made by act Aug. 5, 1939, ch. 477, 53 Stat. 1216.

Section 711, acts June 17, 1910, ch. 301, §4, 36 Stat. 537; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736; June 5, 1920, ch. 264, §2, 41 Stat. 1059; July 3, 1930, ch. 850, 46 Stat. 1003; Aug. 16, 1937, ch. 665, §4, 50 Stat. 667, related to establishment of Bureau of Lighthouses, personnel, salaries, and annual reports.

Act June 5, 1920, ch. 264, §2, 41 Stat. 1059, formerly classified to section 711 of this title, was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 644.

Section 712, acts July 27, 1912, ch. 255, §2, 37 Stat. 239; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, authorized designation of acting commissioner.

Section 713, acts June 17, 1910, ch. 301, §10, 36 Stat. 538; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, related to regulations for Lighthouse Service.

Section 714, acts June 17, 1910, ch. 301, §6, 36 Stat. 538; acts Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, transferred duties of Lighthouse Board to Commissioner of Lighthouses.

Section 715, act June 17, 1910, ch. 301, §5, 36 Stat. 537, related to transfer of employees.

§716. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561

Section, acts June 17, 1910, ch. 301, §9, 36 Stat. 538; July 27, 1939, ch. 388, §1, 53 Stat. 1130, related to employment of temporary draftsmen. See section 902 of Title 14, Coast Guard.

Effective Date of Repeal

Repeal effective first day of third month after approval by President [Aug. 4, 1949], see section 19 of act Aug. 4, 1949, set out as an Effective Date note preceding chapter 1 of Title 14, Coast Guard.

§717. Detail of Army engineers as construction aids

The President may detail officers of the Engineer Corps of the United States Army for consultation or to superintend the construction or repair of any aid to navigation authorized by Congress.

(June 17, 1910, ch. 301, §11, 36 Stat. 539.)

Codification

This section was enacted as part of section 11 of act June 17, 1910, which also enacted section 743 of this title.

§717a. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 647

Section, act Feb. 25, 1929, ch. 313, §5, 45 Stat. 1262, provided for the detail of superintendents and engineers to duty at Washington.

§718. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561

Section, act Feb. 26, 1907, ch. 1638, §6, 34 Stat. 997, related to traveling expenses of Army and Navy officers.

Effective Date of Repeal

Repeal effective first day of third month after approval by President [Aug. 4, 1949], see section 19 of act Aug. 4, 1949, set out as an Effective Date note preceding chapter 1 of Title 14, Coast Guard.

§719. Omitted

Codification

Section, R.S. §4679, provided that no additional salary should be allowed to any civil, military, or naval officer on account of his being employed in the Light-House Board, or being in any manner attached to the light-house service. The functions of the Light-House Board and all employees of or in the Light-House Board or the Light-House Establishment, except army and navy officers, were transferred to the Bureau of Lighthouses by act June 17, 1910, ch. 301, §§5, 6, 36 Stat. 537. The Bureau of Lighthouses was transferred to and consolidated in the Coast Guard by Reorg. Plan No. II of 1939, §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. Act Aug. 5, 1939, ch. 477, 53 Stat. 1216, provided for the commissioning or enlistment in the Coast Guard of former employees of the Bureau of Lighthouses.

§§720, 720a. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561

Section 720, acts June 17, 1910, ch. 301, §7, 36 Stat. 538; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, related to general control by Commandant of Coast Guard. See section 541 of Title 14, Coast Guard.

Section 720a, act Aug. 16, 1937, ch. 665, §3, 50 Stat. 667, related to establishment and maintenance of aids to navigation in certain waters. See section 541 of Title 14, Coast Guard.

Effective Date of Repeal

Repeal effective first day of third month after approval by President [Aug. 4, 1949], see section 19 of act Aug. 4, 1949, set out as an Effective Date note preceding chapter 1 of Title 14, Coast Guard.

§721. Omitted

Codification

Section, acts June 17, 1910, ch. 301, §4, 36 Stat. 537; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736; Aug. 16, 1937, ch. 665, §4, 50 Stat. 667, gave Commissioner the power to settle damage claims up to $500. These duties and functions of Commissioner of Lighthouses were taken over by Commandant of Coast Guard under Reorg. Plan II of 1939, §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.

§§721a to 724. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561

Section 721a, acts Aug. 16, 1937, ch. 665, §2, 50 Stat. 667; July 11, 1941, ch. 290, §2, 55 Stat. 585, related to deposit of damage payments and disbursement. See section 546 of Title 14, Coast Guard.

Section 722, acts July 7, 1884, ch. 332, 23 Stat. 198; June 17, 1910, ch. 301, §6, 36 Stat. 538, related to necessity for contract for expenditure of appropriations.

Section 723, act Mar. 4, 1909, ch. 299, §1, 35 Stat. 973, related to proposals for repair of vessels and specifications.

Section 724, acts June 17, 1910, ch. 301, §8, 36 Stat. 538; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, related to contracts for materials and necessity for public letting.

Effective Date of Repeal

Repeal effective first day of third month after approval by President [Aug. 4, 1949], see section 19 of act Aug. 4, 1949, set out as an Effective Date note preceding chapter 1 of Title 14, Coast Guard.

§725. Prohibition against officers and employees being interested in contracts for materials, etc.

No Commandant of the Coast Guard, superintendent of lighthouses, lightkeeper, or other person in any manner connected with the light-house service, shall be interested, either directly or indirectly, in any contract for labor, materials, or supplies for the light-house service, or in any patent, plan, or mode of construction or illumination, or in any article of supply for the light-house service.

(R.S. §4680; June 17, 1910, ch. 301, §§6, 13, 36 Stat. 538, 539; June 20, 1918, ch. 103, §7, 40 Stat. 608; 1939 Reorg. Plan No. II, §2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432; Aug. 4, 1949, ch. 393, §§1, 20, 63 Stat. 496, 561.)

Codification

R.S. §4680 derived from act Aug. 31, 1852, ch. 112, §17, 10 Stat. 120.

Transfer of Functions

"Commandant of the Coast Guard" substituted in text for "member of the Light-House Board" on authority of sections 6 and 13 of act June 17, 1910, which abolished board and transferred its powers and duties to Commissioner of Lighthouses who was head of Bureau of Lighthouses. Said sections 6 and 13 were repealed by section 20 of act Aug. 4, 1949, section 1 of which reestablished the Coast Guard by enacting Title 14, Coast Guard. Section 2(a) of Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, consolidated Bureau of Lighthouses with Coast Guard, Chief of which is Commandant of Coast Guard.

The words "superintendent of lighthouses" substituted for "inspector" on authority of act June 20, 1918, which transferred such officers to the positions of superintendent of lighthouses within the Bureau of Lighthouses.

The light-house service was a service under control of Commissioner of Lighthouses within Bureau of Lighthouses.

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, §§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, excepted from transfer when Coast Guard is operating as part of Navy under former sections 1 and 3 (now 101 and 103) 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, §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 former section 3 (now 103) 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.

§726. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561

Section, act Mar. 4, 1913, ch. 168, 37 Stat. 1018, related to procurement of supplies and equipment for special works of Lighthouse Service. See section 940 of Title 14, Coast Guard.

Effective Date of Repeal

Repeal effective first day of third month after approval by the President [Aug. 4, 1949], see section 19 of act Aug. 19, 1949, set out as an Effective Date note preceding chapter 1 of Title 14, Coast Guard.

§727. Lighthouse and other sites; necessity for cession by State of jurisdiction

No lighthouse, beacon, public piers, or landmark, shall be built or erected on any site until cession of jurisdiction over the same has been made to the United States.

(R.S. §4661.)

Codification

R.S. §4661 derived from act Mar. 3, 1821, ch. 52, §3, 3 Stat. 644.

§728. Sufficiency of cession by State; service of State process in lands ceded

A cession by a State of jurisdiction over a place selected as the site of a lighthouse, or other structure or work, shall be deemed sufficient within section 727 of this title, notwithstanding it contains a reservation that process issued under authority of such State may continue to be served within such place. And notwithstanding any such cession of jurisdiction contains no such reservation, all process may be served and executed within the place ceded, in the same manner as if no cession had been made.

(R.S. §4662.)

Codification

R.S. §4662 derived from act Mar. 2, 1795, ch. 40, §§1, 2, 1 Stat. 426.

§§729, 730. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561

Section 729, acts June 17, 1910, ch. 301, §9, 36 Stat. 538; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, related to purchase by Commandant of sites for lighthouses. See sections 501(f) and 902 of Title 14, Coast Guard.

Section 730, acts Mar. 4, 1913, ch. 168, 37 Stat. 1018; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736; Oct. 22, 1913, ch. 32, 38 Stat. 225, related to purchase of additional land for lighthouses and depots. See section 501(f) of Title 14.

Effective Date of Repeal

Repeal effective first day of third month after approval by President [Aug. 4, 1949], see section 19 of act Aug. 19, 1949, set out as an Effective Date note preceding chapter 1 of Title 14, Coast Guard.

§730a. Sites for pierhead beacons

The Secretary of Transportation is authorized whenever he shall deem it advisable, to acquire, by donation or purchase in behalf of the United States, the right to use and occupy sites for pierhead beacons the establishment of which has been, or shall hereafter be, authorized by Congress.

(Mar. 3, 1875, ch. 130, §1, 18 Stat. 372; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736; 1939 Reorg. Plan No. II, §2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432; Pub. L. 89–670, §6(b)(1), Oct. 15, 1966, 80 Stat. 938.)

Codification

Section is based on last paragraph under heading "FOR LIFE-SAVING AND LIFE-BOAT STATIONS" of act Mar. 3, 1875, ch. 130, 18 Stat. 372, insofar as such paragraph provided for the right to use and occupy sites for pier-head beacons. Provisions of such paragraph relating to the right to use and occupy sites for Coast Guard Stations and houses of refuge were classified to section 96 of former Title 14, Coast Guard, and were repealed by act Aug. 4, 1949, ch. 393, §20, 63 Stat. 561, and restated as section 92(f) of Title 14, Coast Guard. Section 92(f) of Title 14 was subsequently renumbered section 501(f) of Title 14.

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, §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 former section 3 (now 103) of Title 14, Coast Guard. See section 108 of Title 49, Transportation.

Bureau of Lighthouses and its functions transferred and consolidated with Coast Guard by Reorg. Plan No. II of 1939, §2(a), set out in the Appendix to Title 5, Government Organization and Employees.

§§731, 732. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561

Section 731, acts Mar. 4, 1909, ch. 299, §1, 35 Stat. 972; June 17, 1910, ch. 301, §6, 36 Stat. 538, related to lease of sites for temporary lights. See section 501 of Title 14, Coast Guard.

Section 732, acts Aug. 28, 1916, ch. 414, §2, 39 Stat. 538; July 11, 1941, ch. 290, §1, 55 Stat. 584, related to exchange of right-of-way pertaining to Coast Guard. See section 501 of Title 14.

Effective Date of Repeal

Repeal effective first day of third month after approval by President [Aug. 4, 1949], see section 19 of act Aug. 4, 1949, set out as an Effective Date note preceding chapter 1 of Title 14, Coast Guard.

§733. Transferred

Codification

Section, R.S. §355; June 28, 1930, ch. 710, 46 Stat. 828; Feb. 1, 1940, ch. 18, 54 Stat. 19; Oct. 9, 1940, ch. 793, 54 Stat. 1083; Sept. 1, 1970, Pub. L. 91–393, §1, 84 Stat. 835, which related to approval of title prior to Federal land purchases, payment of title expenses, application to Tennessee Valley Authority, and Federal jurisdiction over acquisitions, was transferred to section 255 of former Title 40, Public Buildings, Property, and Works, and was repealed and reenacted as sections 3111 and 3112 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304; Pub. L. 108–178, §2(a)(8), Dec. 15, 2003, 117 Stat. 2638.

§734. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561

Section, R.S. §4678, related to coloring and numbering buoys.

Effective Date of Repeal

Repeal effective first day of third month after approval by President [Aug. 4, 1949], see section 19 of act Aug. 4, 1949, set out as an Effective Date note preceding chapter 1 of Title 14, Coast Guard.

§735. Marking pierheads in certain lakes

The Commandant of the Coast Guard shall properly mark all pierheads belonging to the United States situated on the northern and northwestern lakes, whenever he is duly notified by the department charged with the construction or repair of pierheads that the construction or repair of any such pierheads has been completed.

(R.S. §4677; June 17, 1910, ch. 301, §§6, 13, 36 Stat. 538, 539; 1939 Reorg. Plan No. II, §2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432; Aug. 4, 1949, ch. 393, §§1, 20, 63 Stat. 496, 561.)

Codification

R.S. §4677 derived from act July 15, 1870, ch. 292, §3, 16 Stat. 309.

Transfer of Functions

"Commandant of the Coast Guard" substituted in text for "Light-House Board" on authority of sections 6 and 13 of act June 17, 1910, which abolished the board and transferred its powers and duties to the Commissioner of Lighthouses, who was the head of the Bureau of Lighthouses. Said sections 6 and 13 were repealed by section 20 of act Aug. 4, 1949, section 1 of which reestablished the Coast Guard by enacting Title 14, Coast Guard. Section 2(a) of Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, consolidated the Bureau of Lighthouses with the Coast Guard, the Chief of which is the Commandant of the Coast Guard.

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, §§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 former sections 1 and 3 (now 101 and 103) 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, §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 former section 3 (now 103) 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.

§736. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561

Section, R.S. §4676; acts June 10, 1910, ch. 301, §6, 36 Stat. 538; Aug. 16, 1937, ch. 665, §1, 50 Stat. 666, related to placement of markers over sunken craft and other obstructions. See section 545 of Title 14, Coast Guard.

Effective Date of Repeal

Repeal effective first day of third month after approval by President [Aug. 4, 1949], see section 19 of act Aug. 4, 1949, set out as an Effective Date note preceding chapter 1 of Title 14, Coast Guard.

§§737, 738. Omitted

Codification

Section 737, act May 14, 1908, ch. 168, §4, 35 Stat. 162, as affected by act June 17, 1910, ch. 301, §6, 36 Stat. 538, related to maintenance of anchorage buoys in New York and Philadelphia harbors. See section 472 of this title.

Section 738, act June 5, 1920, ch. 235, §1, 41 Stat. 880, provided that the Lighthouse Service should cooperate with the Coast Guard in marking certain anchorage grounds. The Lighthouse Service was consolidated in the Coast Guard by Reorg. Plan No. II of 1939, §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.

§§739 to 740b. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561

Section 739, R.S. §4668, related to substitution of lighthouses for lightships.

Section 740, acts Mar. 3, 1915, ch. 81, §5, 38 Stat. 927; Aug. 28, 1916, ch. 414, §3, 39 Stat. 538; June 20, 1918, ch. 103, §5, 40 Stat. 608; June 5, 1920, ch. 235, §1, 41 Stat. 927, related to post-lantern lights on particular waters.

Section 740a, act May 22, 1926, ch. 371, §6, 44 Stat. 626, related to post-lantern lights on Allegheny and Rock Rivers.

Section 740b, acts June 23, 1874, ch. 455, §1, 18 Stat. 220; June 17, 1910, ch. 301, §6, 36 Stat. 538, related to lights and buoys on Mississippi, Ohio, and Missouri Rivers.

Sections covered by section 541 of Title 14, Coast Guard.

Effective Date of Repeal

Repeal effective first day of third month after approval by President [Aug. 4, 1949], see section 19 of act Aug. 4, 1949, set out as an Effective Date note preceding chapter 1 of Title 14, Coast Guard.

§§741, 742. Repealed. June 6, 1940, ch. 257, §§5, 6, 54 Stat. 247

Section 741, acts May 14, 1908, ch. 168, §7, 35 Stat. 162; June 17, 1910, ch. 301, §6, 36 Stat. 538; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, related to reports of aids to navigation which might be discontinued.

Section 742, R.S. §4674; acts Feb. 14, 1903, ch. 552, §10, 32 Stat. 829; June 17, 1910, ch. 301, §6, 36 Stat. 538; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, related to discontinuance and reestablishment of lights.

Provisions of section 742 were substantially incorporated into sections 501 and 504 of Title 14, Coast Guard.

§743. Lighthouse districts

The ocean, gulf, and lake coasts and the rivers of the United States, Puerto Rico, and the naval station in Cuba shall be arranged into not exceeding nineteen lighthouse districts.

(June 17, 1910, ch. 301, §11, 36 Stat. 538; May 17, 1932, ch. 190, 47 Stat. 158.)

Codification

This section was enacted as part of section 11 of act June 17, 1910, which also enacted section 717 of this title.

The original text provided "that the commissioner of lighthouses, subject to the approval of the Secretary of Commerce and Labor, as soon as practicable" should rearrange the ocean, gulf and lake coasts and the rivers of the United States, Puerto Rico and the naval station in Cuba into not exceeding nineteen lighthouse districts.

Prior Provisions

Prior provisions for the arrangement of the various lighthouse districts were made by R.S. §4670; act July 26, 1886, ch. 779, 24 Stat. 148, which were repealed by section 13 of act June 17, 1910.

Change of Name

"Puerto Rico" substituted in text for "Porto Rico" pursuant to act May 17, 1932, which is classified to section 731a of Title 48, Territories and Insular Possessions.

§744. Omitted

Codification

Section, act June 20, 1918, ch. 103, §7, 40 Stat. 608, related to superintendents of lighthouses and their salaries. The Bureau of Lighthouses and its functions were transferred and consolidated with the Coast Guard by Reorg. Plan No. II of 1939, §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.

§745. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561

Section, R.S. §4673; act June 20, 1918, ch. 103, §8, 40 Stat. 609, related to salaries of keepers of lighthouses.

Effective Date of Repeal

Repeal effective first day of third month after approval by President [Aug. 4, 1949], see section 19 of act Aug. 4, 1949, set out as an Effective Date note preceding chapter 1 of Title 14, Coast Guard.

§745a. Traveling expenses of new appointees to isolated posts outside United States

In all appropriations hereafter made for "General expenses, Coast Guard," there is authorized to be made available not exceeding $1,500 in any fiscal year, under rules prescribed by the Secretary of Transportation, for paying the actual and necessary traveling expenses of new appointees from ports of embarkation in the United States to first post of duty at isolated light stations, in districts outside the continental limits of the United States.

(May 13, 1938, ch. 215, §1, 52 Stat. 353; 1939 Reorg. Plan No. II, §2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432; Pub. L. 89–670, §6(b)(1), Oct. 15, 1966, 80 Stat. 938.)

Transfer of Functions

"Coast Guard" substituted in text for "Lighthouse Service" on authority of Reorg. Plan No. II of 1939, §2(a), set out in the Appendix to Title 5, Government Organization and Employees, which transferred and consolidated Bureau of Lighthouses, of which Lighthouse Service was a part, with Coast Guard.

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, §§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 former sections 1 and 3 (now 101 and 103) 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, §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 former section 3 (now 103) 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.

§§746 to 746b. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 565

Section 746, act June 29, 1949, ch. 277, §1, 63 Stat. 299, related to compensation and pay of civilians keepers of lighthouses and civilian employees on Coast Guard vessels.

Section 746a, act June 29, 1949, ch. 277, §2, 63 Stat. 299, related to extra pay and hours of duty.

Section 746b, act June 29, 1949, ch. 277, §3, 63 Stat. 300, related to additional compensation as affecting retirement compensation.

Effective Date of Repeal

Repeal effective first day of third month after approval by President [Aug. 4, 1949], see section 19 of act Aug. 4, 1949, set out as an Effective Date note preceding chapter 1 of Title 14, Coast Guard.

§§747, 747a. Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714

Section 747, act Aug. 28, 1916, ch. 414, §5, 39 Stat. 538, related to medical relief to lighthouse keepers. See section 763c of this title. Act Aug. 28, 1916, was also repealed, by act Aug. 4, 1949, ch. 393, §20, 63 Stat. 561.

Section 747a, act May 22, 1926, ch. 371, §3, 44 Stat. 626, related to medical relief to lighthouse keepers. See section 763c of this title. Act May 22, 1926, was also repealed by act Aug. 4, 1949, ch. 393, §20, 63 Stat. 561.

Renumbering of Repealing Act

Title XIII, §1313, formerly title VI, §611, of act July 1, 1944, which repealed these sections, was renumbered title VII, §711, by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; §713, by act Feb. 28, 1948, ch. 83, §9(b), 62 Stat. 47; title VIII, §813, by act July 30, 1956, ch. 779, §3(b), 70 Stat. 721; title IX, §913, by Pub. L. 88–581, §4(b), Sept. 4, 1964, 78 Stat. 919; title X, §1013, by Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931; title XI, §1113, by Pub. L. 91–572, §6(b), Dec. 24, 1970, 84 Stat. 1506; title XII, §1213, by Pub. L. 92–294, §3(b), May 16, 1972, 86 Stat. 137; title XIII, §1313, by Pub. L. 93–154, §2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936.

§747b. Lighthouse keepers; traveling expenses incurred in obtaining medical attention

On and after February 25, 1929, the appropriation, "General expenses, Coast Guard," shall be available, under rules prescribed by the Secretary of Transportation, for paying the actual and necessary traveling expenses of lighthouse keepers at isolated stations incurred in obtaining medical attention.

(Feb. 25, 1929, ch. 313, §1, 45 Stat. 1261; 1939 Reorg. Plan No. II, §2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432; Pub. L. 89–670, §6(b)(1), Oct. 15, 1966, 80 Stat. 938.)

Transfer of Functions

"Coast Guard" substituted in text for "Lighthouse Service" on authority of Reorg. Plan No. II of 1939, §2(a), set out in the Appendix to Title 5, Government Organization and Employees, which transferred and consolidated Bureau of Lighthouses, of which Lighthouse Service was a part, with Coast Guard.

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, §§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 former sections 1 and 3 (now 101 and 103) 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, §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 former section 3 (now 103) 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.

§748. Teachers for children of lighthouse keepers

The appropriation, "General expenses, Coast Guard," shall be available, under regulations prescribed by the Secretary of Transportation, for the payment of traveling and subsistence expenses of teachers while actually employed by States or private persons to instruct the children of keepers of lighthouses.

(June 20, 1918, ch. 103, §2, 40 Stat. 608; 1939 Reorg. Plan No. II, §2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432; Pub. L. 89–670, §6(b)(1), Oct. 15, 1966, 80 Stat. 938.)

Transfer of Functions

"Coast Guard" substituted in text for "Lighthouse Service" on authority of Reorg. Plan No. II of 1939, §2(a), set out in the Appendix to Title 5, Government Organization and Employees, which transferred and consolidated Bureau of Lighthouses, of which Lighthouse Service was a part, with Coast Guard.

All functions of all officers of Department of the Treasury, and all functions of all agencies and employees of such Department, transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.

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, §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 former section 3 (now 103) of Title 14, Coast Guard. 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.

§748a. Transportation expenses for school children

In all appropriations hereafter made for "General expenses, Coast Guard" there is authorized to be made available not exceeding $2,500 in any fiscal year, for the transportation, under regulations prescribed by the Secretary of Transportation, of the children of lighthouse keepers at isolated light stations where necessary to enable such children to attend school.

(May 13, 1938, ch. 215, §2, 52 Stat. 353; 1939 Reorg. Plan No. II, §2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432; Pub. L. 89–670, §6(b)(1), Oct. 15, 1966, 80 Stat. 938.)

Transfer of Functions

"Coast Guard" substituted in text for "Lighthouse Service" on authority of Reorg. Plan No. II of 1939, §2(a), set out in the Appendix to Title 5, Government Organization and Employees, which transferred and consolidated Bureau of Lighthouses, of which Lighthouse Service was a part, with Coast Guard.

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, §§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 former sections 1 and 3 (now 101 and 103) 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, §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 former section 3 (now 103) 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.

§749. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561

Section, acts July 27, 1912, ch. 255, §2, 37 Stat. 239; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, related to reimbursement of lighthouse keepers for clothing, etc., furnished shipwrecked persons. See section 2777 of Title 14, Coast Guard.

Effective Date of Repeal

Repeal effective first day of third month after approval by President [Aug. 4, 1949], see section 19 of act Aug. 4, 1949, set out as an Effective Date preceding chapter 1 of Title 14, Coast Guard.

§750. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 642

Section, act Aug. 1, 1914, ch. 223, §1, 38 Stat. 658, related to leaves of absence to employees of Lighthouse Service.

§§751 to 752a. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561

Section 751, act Mar. 3, 1915, ch. 81, §4, 38 Stat. 927, related to leave of absence to employees of Lighthouse Service. See section 6301 et seq. of Title 5, Government Organization and Employees.

Section 752, acts Mar. 4, 1913, ch. 168, 37 Stat. 1019; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, related to sale of condemned supplies, etc., and land not used; disposition of funds. See section 504 of Title 14, Coast Guard.

Section 752a, act May 22, 1926, ch. 371, §5, 44 Stat. 626, related to sale of equipment; disposition of receipts. See section 901 of Title 14.

Effective Date of Repeal

Repeal effective first day of third month after approval by President [Aug. 4, 1949], see section 19 of act Aug. 4, 1949, set out as an Effective Date note preceding chapter 1 of Title 14, Coast Guard.

§752b. Omitted

Codification

Section, act June 15, 1938, ch. 398, 52 Stat. 692, related to disposal of materials to the Boys Scouts of America. See section 901 of Title 14, Coast Guard.

§§753, 754. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561

Section 753, act June 20, 1918, ch. 103, §4, 40 Stat. 608, related to sale of publications of Lighthouse Service. See sections 1705, 1708 of Title 44, Public Printing and Documents.

Section 754, acts July 27, 1912, ch. 255, §2, 37 Stat. 239; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, related to sale of clothing to employees. See section 2708 of Title 14, Coast Guard.

Effective Date of Repeal

Repeal effective first day of third month after approval by President [Aug. 4, 1949], see section 19 of act Aug. 4, 1949, set out as an Effective Date note preceding chapter 1 of Title 14, Coast Guard.

§754a. Purchase of commissary and quartermaster supplies

Officers and crews of vessels of the Lighthouse Service and light keepers and depot keepers of the Lighthouse Service shall be permitted to purchase commissary and quartermaster supplies from the Army, Navy, or Marine Corps at the price charged officers and enlisted members of the Army, Navy, or Marine Corps.

(May 22, 1926, ch. 371, §4, 44 Stat. 626; Pub. L. 115–232, div. C, title XXXV, §3533(c)(3), Aug. 13, 2018, 132 Stat. 2321.)

Amendments

2018Pub. L. 115–232 substituted "enlisted members" for "enlisted men".

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, §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, §§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 former sections 1 and 3 (now 101 and 103) 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, §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 former section 3 (now 103) 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.

§§755 to 762. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561

Section 755, act June 16, 1880, ch. 235, 21 Stat. 263, related to police powers of masters of Lighthouse Service. See section 522 of Title 14, Coast Guard.

Section 756, act Mar. 3, 1915, ch. 81, §6, 38 Stat. 928, related to use of appropriations with Forest Service. See section 701 of Title 14.

Section 757, act Aug. 29, 1916, ch. 417, 39 Stat. 602, related to cooperation with Army and Navy Departments in time of or in preparation for war. See sections 103, 501, 504, 505, 521, 701, 704, and 705 of Title 14.

Section 758, act Aug. 29, 1916, ch. 417, 39 Stat. 602, related to transfer of vessels, equipment, etc., to Navy or Army Departments in case of vocational emergency. See sections 103, 501, 504, 505, 521, 701, 704, and 705 of Title 14.

Section 759, acts June 20, 1906, ch. 3447, §3, 34 Stat. 324; June 17, 1910, ch. 301, §6, 36 Stat. 538, related to unauthorized establishment of lights and penalty. See section 542 of Title 14.

Section 760, act May 14, 1908, ch. 168, §5, 35 Stat. 162, related to failure to maintain lights on bridges and penalty. See section 544 of Title 14.

Section 761, acts May 14, 1908, ch. 168, §6, 35 Stat. 162; June 17, 1910, ch. 301, §6, 36 Stat. 538, related to wrongful interference with Government aids to navigation and penalty. See section 543 of Title 14.

Section 762, act Mar. 3, 1915, ch. 81, §8, 38 Stat. 928, related to wrongful interference with private aids to navigation and penalty. See section 543 of Title 14.

Effective Date of Repeal

Repeal effective first day of third month after approval by President [Aug. 4, 1949], see section 19 of act Aug. 4, 1949, set out as an Effective Date note preceding chapter 1 of Title 14, Coast Guard.

§763. Retirement for age of officers and employees generally; retirement pay; waiver of retirement pay

All officers and employees engaged in the field service or on vessels of the Lighthouse Service, except persons continuously employed in district offices or shop, who (1) shall have reached the age of fifty-five years, after having been thirty years in the active service of the Government, (2) shall have reached the age of sixty-two years, after having been twenty-five years in the active service of the Government, or (3) are involuntarily separated from further performance of duty, except by removal for cause on charges of misconduct or delinquency, after completing twenty-five years in the active service of the Government, or after completing twenty years of such service and after reaching the age of fifty years, may at their option be retired from further performance of duty; and all such officers and employees who shall have reached the age of seventy years shall be compulsorily retired from further performance of duty: Provided, That the annual compensation of persons so retired shall be a sum equal to one-fortieth of the average annual pay received for the last three years of service for each year of active service in the Lighthouse Service, or in a department or branch of the Government having a retirement system, not to exceed in any case thirty-fortieths of such average annual pay received: Provided further, That the retirement pay computed under the preceding proviso for any such officer or employee retiring under clause (3) shall be reduced by one-sixth of 1 per centum for each full month the officer or employee is under fifty-five years of age at the date of retirement: Provided further, That such retirement pay shall not include any amount on account of subsistence or other allowance: Provided further, That the retirement provisions and pay shall not apply to persons in the field service of the Lighthouse Service whose duties do not require substantially all their time. Any person entitled to retirement pay under this section may decline to accept all or any part of such retirement pay by a waiver signed and filed with the Secretary of the Treasury. Such waiver may be revoked in writing at any time, but no payment of the retirement pay waived shall be made covering the period during which such waiver was in effect.

(June 20, 1918, ch. 103, §6, 40 Stat. 608; Nov. 4, 1918, ch. 201, §1, 40 Stat. 1036; June 21, 1955, ch. 170, §1, 69 Stat. 166; Pub. L. 85–142, Aug. 14, 1957, 71 Stat. 365; Pub. L. 90–164, §1, Nov. 29, 1967, 81 Stat. 519; Pub. L. 92–455, §6(a), Oct. 2, 1972, 86 Stat. 761.)

Codification

Except for the last proviso this section was from act June 20, 1918. The last proviso was from act Nov. 4, 1918, the First Deficiency Appropriation Act, 1919.

Amendments

1972Pub. L. 92–455 inserted cl. (3), substituted "three" for "five" years of service in first proviso, and inserted proviso for reduction of retirement pay computed under cl. (3) by one-sixth of 1 per centum for each full month the officer or employee is under fifty-five years of age at the date of retirement.

1967Pub. L. 90–164 lowered voluntary retirement age from sixty to fifty-five years for those officers and employees having thirty years of active service.

1957Pub. L. 85–142 inserted provisions allowing waiver of retirement pay.

1955—Act June 21, 1955, permitted retirement of officers and employees who have attained 60 years of age and have served for 30 years, or who have reached 62 years of age and have served for 25 years.

Effective Date of 1972 Amendment

Pub. L. 92–455, §6(b), Oct. 2, 1972, 86 Stat. 761, provided that: "The amendments made by subsection (a) of this section [amending this section] shall apply with respect to officers and employees to which such section 6 [amending this section] applies who are involuntarily separated or retired on or after the date of the enactment of this Act [Oct. 2, 1972]."

Effective Date of 1967 Amendment

Pub. L. 90–164, §2, Nov. 29, 1967, 81 Stat. 519, provided that: "The amendment made by this Act [amending this section] shall take effect on the first day of the second month which begins after the date of enactment of this Act [Nov. 29, 1967]."

Effective Date of 1955 Amendment

Act June 21, 1955, ch. 170, §2, 69 Stat. 167, provided that: "This Act [amending this section] shall take effect on the first day of the second month beginning after the date of enactment of this Act [June 21, 1955]."

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, §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, §§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 former sections 1 and 3 (now 101 and 103) 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, §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 former section 3 (now 103) 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.

Increase of Pay of Persons Retired On or Before October 1, 1972

Pub. L. 94–178, Dec. 23, 1975, 89 Stat. 1033, provided: "That the annual rate of retired pay received by a person under section 6 of the Act of June 20, 1918, as amended and supplemented (33 U.S.C. 736–765), who was retired on or before October 1, 1972, shall, effective on the first day of the calendar month following enactment of this Act [Dec. 23, 1975], be increased by $270."

Increase of Pay of Persons Retired Prior to 1967

Pub. L. 90–165, Nov. 29, 1967, 81 Stat. 519, provided: "That effective on the first day of the first month which begins after the date of enactment of this Act [Nov. 29, 1967], the annual rate of retired pay of a person retired under section 6 of the Act of June 20, 1918 (33 U.S.C. 763), shall be increased by 11.3 per centum if such person retired prior to January 1, 1966, or by 4.1 per centum if such person retired after December 31, 1965, but before January 1, 1967."

Increase of Pay of Persons Retired Prior to 1963

Pub. L. 89–201, Sept. 25, 1965, 79 Stat. 834, provided: "That the annual rate of retired pay of each person retired prior to January 1, 1963, under section 6 of the Act of June 20, 1918, as amended and supplemented [this section], shall be increased by 6.5 per centum, effective on the first day of the first calendar month following the date of enactment of this Act [Sept. 25, 1965]."

Increase of Pay of Persons Retired Prior to 1958

Pub. L. 86–361, Sept. 22, 1959, 73 Stat. 643, provided: "That the annual rate of retired pay of each person retired prior to January 1, 1958, under section 6 of the Act of June 20, 1918, as amended and supplemented [this section], shall be increased, effective on the first day of the first calendar month following the date of enactment of this Act [Sept. 22, 1959], by 10 per centum, or $150 per annum, whichever is the greater."

Increase of Pay of Persons Retired Prior to 1953

Act Aug. 27, 1954, ch. 1010, 68 Stat. 878, as amended May 11, 1955, ch. 36, 69 Stat. 47, provided: "That the annual rate of retired pay received by any person who was retired on or before June 30, 1953, under section 6 of the Act of June 20, 1918, as amended and supplemented (section 763 of this title), shall be increased, effective on the first day of the calendar month following enactment of this Act, by 15 per centum of $264, whichever is the lesser: Provided, That no retired pay shall be increased to an amount in excess of $2,160 by reason of this Act."

Cost-of-Living Adjustment to Retiree's Annuity

Adjustment of annuities of retired officers and employees based on cost-of-living increases, see section 2 of Pub. L. 90–163, Nov. 29, 1967, 81 Stat. 518, set out as a note under section 771 of this title.

§763–1. Increase of retired pay

The annual rate of retired pay received by any person who was retired on or before June 29, 1949, under section 763 of this title, as amended and supplemented, shall be increased by $360 effective on the first day of the calendar month following October 29, 1949.

(Oct. 29, 1949, ch. 788, 63 Stat. 1026.)

§763–2. Additional increase of retired pay

The annual rate of retired pay of each person retired under section 763 of this title, as amended and supplemented, shall be increased, effective on the first day of the first calendar month following July 9, 1956, in accordance with the following schedule:


 
If retired pay commences between—Retired pay not in excess of $1,500 shall be increased by—Retired pay in excess of $1,500 shall be

increased by—

June 20, 1918, and June 30, 1955 12 per centum 8 per centum.
July 1, 1955, and December 31, 1955 10 per centum 7 per centum.
January 1, 1956, and June 30, 1956 8 per centum 6 per centum.
July 1, 1956, and December 31, 1956 6 per centum 4 per centum.
January 1, 1957, and June 30, 1957 4 per centum 2 per centum.
July 1, 1957, and December 31, 1957 2 per centum 1 per centum.

Such annual increase in retired pay shall not exceed the sum necessary to increase such retired pay to $4,104. The monthly installment of each retired payment so increased shall be fixed at the nearest dollar.

(July 9, 1956, ch. 524, 70 Stat. 510.)

§763a. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561

Section, act May 22, 1926, ch. 371, §7, 44 Stat. 626, related to retirement of certain officers and employees of the Lighthouse Service.

Effective Date of Repeal

Repeal effective first day of third month after approval by President [Aug. 4, 1949], see section 19 of act Aug. 4, 1949, set out as an Effective Date note preceding chapter 1 of Title 14, Coast Guard.

§763a–1. Retirement, exceptions for age and period of service

Any officer or employee of the Lighthouse Service who, on June 30, 1939, meets the requirements (except those relating to age and period of service) of section 763 of this title, as amended or supplemented, and who shall (1) reach the age of sixty-four years prior to July 1, 1940, or (2) be the occupant of an office or position abolished prior to July 1, 1940, may in the discretion of the head of his executive department be retired with annual compensation as provided in said section: Provided, however, That no such officer or employee shall be retired hereunder unless he shall have been in the service of the Government not less than thirty years at the time of retirement. Any officer or employee to whom this section applies who is not retired hereunder prior to reaching the age of sixty-five years shall, upon reaching such age, become eligible for retirement in accordance with the provisions of said section 763 of this title, and may not be retired under the provisions of this section. Nothing contained in this section shall be construed to affect the application of said section to any officer or employee of the Lighthouse Service to whom this section does not apply.

(Aug. 10, 1939, ch. 642, 53 Stat. 1343.)

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, §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, §§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 former sections 1 and 3 (now 101 and 103) 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, §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 former section 3 (now 103) 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.

§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, §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, §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, §§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 former sections 1 and 3 (now 101 and 103) 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, §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 former section 3 (now 103) 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.

§763b. Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714

Section, act June 24, 1930, ch. 597, 46 Stat. 807, as affected by 1939 Reorg. Plans Nos. I, §§201, 205, and II, §2(a), eff. July 1, 1939, 4 F.R. 2728, 2731, 53 Stat. 1424, 1432, provided for hospital facilities for retired officers and employees of former Lighthouse Service.

Renumbering of Repealing Act

Title XIII, §1313, formerly title VI, §611, of act July 1, 1944, which repealed this section, was renumbered title VII, §711, by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; §713, by act Feb. 28, 1948, ch. 83, §9(b), 62 Stat. 47; title VIII, §813, by act July 30, 1956, ch. 779, §3(b), 70 Stat. 721; title IX, §913, by Pub. L. 88–581, §4(b), Sept. 4, 1964, 78 Stat. 919; title X, §1013, by Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931; title XI, §1113, by Pub. L. 91–572, §6(b), Dec. 24, 1970, 84 Stat. 1506; title XII, §1213, by Pub. L. 92–294, §3(b), May 16, 1972, 86 Stat. 137; title XIII, §1313, by Pub. L. 93–154, §2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936.

§763c. Repealed. Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936

Section, act July 1, 1944, ch. 373, title XIII, §1310(b), formerly title VI, §610(b), 58 Stat. 714; renumbered title VII, §710(b), by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; renumbered title VIII, §810(b), by act July 30, 1956, ch. 779, §3(b), 70 Stat. 721; renumbered title IX, §910(b), by Pub. L. 88–581, §4(b), Sept. 4, 1964, 78 Stat. 919; renumbered title X, §1010(b), by Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931; renumbered title XI, §1110(b) by Pub. L. 91–572, §6(b), Dec. 24, 1970, 84 Stat. 1506; renumbered title XII, §1210(b) by Pub. L. 92–294, §3(b), May 16, 1972, 86 Stat. 137; renumbered title XIII, §1310(b), by Pub. L. 93–154, §2(b)(2), Nov. 16, 1973, 87 Stat. 604, made provision for hospital facilities for officers and employees.

§764. Omitted

Codification

Section, act Mar. 4, 1921, ch. 161, §1, 41 Stat. 1417, related to privilege granted employees of continuing service after retirement and which was limited to a ten year period after Mar. 4, 1921.

§765. Retirement for disability

Any officer or employee to whom section 763 of this title applies, who has been in the active service of the Government fifteen years or more and who is found, after examination by a medical officer of the United States, to be disabled for useful and efficient service by reason of disease or injury not due to vicious habits, intemperance, or willful misconduct on his part, shall be retired under rules to be prescribed by the Secretary of Transportation on an annuity computed in the manner provided in said section.

(Mar. 4, 1925, ch. 523, §1, 43 Stat. 1261; 1939 Reorg. Plan No. II, §2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432; Pub. L. 89–670, §6(b)(1), Oct. 15, 1966, 80 Stat. 938.)

Transfer of Functions

The officers or employees to be retired refer to the officers and employees of the Lighthouse Service. The Lighthouse Service was under the Secretary of Commerce prior to the transfer and consolidation of the Bureau of Lighthouses, of which the Lighthouse Service was a part, with the Coast Guard which was under the Secretary of the Treasury by Reorg. Plan No. II, §2(a), set out in the Appendix to Title 5, Government Organization and Employees. Subsequently, the functions of the Secretary of the Treasury relating to the Coast Guard were transferred to the Secretary of Transportation by section 6(b)(1) of Pub. L. 89–670. 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.

§766. Restoration to active duty after retirement for disability

Any officer or employee retired under section 765 of this title may, upon recovery, be restored to active duty, and shall from time to time, before reaching the age at which he may be retired under section 763 of this title be reexamined by a medical officer of the United States upon the request of the Secretary of Transportation.

(Mar. 4, 1925, ch. 523, §2, 43 Stat. 1262; 1939 Reorg. Plan No. II, §2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432; Pub. L. 89–670, §6(b)(1), Oct. 15, 1966, 80 Stat. 938.)

Transfer of Functions

The officers or employees to be retired refer to the officers and employees of the Lighthouse Service. The Lighthouse Service was under the Secretary of Commerce prior to the transfer and consolidation of the Bureau of Lighthouses, of which the Lighthouse Service was a part, with the Coast Guard which was under the Secretary of the Treasury by Reorg. Plan No. II, §2(a), set out in the Appendix to Title 5, Government Organization and Employees. Subsequently, the functions of the Secretary of the Treasury relating to the Coast Guard were transferred to the Secretary of Transportation by section 6(b)(1) of Pub. L. 89–670. 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.

§§767 to 769. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561

Section 767, acts Mar. 3, 1915, ch. 81, §7, 38 Stat. 928; June 20, 1918, ch. 103, §7, 40 Stat. 608, related to administration of oaths to employees of Lighthouse Service.

Section 768, acts Aug. 24, 1912, ch. 355, §8, 37 Stat. 487; Mar. 3, 1915, ch. 81, §7, 38 Stat. 928; June 20, 1918, ch. 103, §7, 40 Stat. 608; June 6, 1939, ch. 185, 53 Stat. 810, related to oaths to expense accounts.

Section 769, act Feb. 25, 1929, ch. 313, §3, 45 Stat. 1262, related to aids to navigation in Panama. See section 541 of Title 14, Coast Guard.

Effective Date of Repeal

Repeal effective first day of third month after approval by President [Aug. 4, 1949], see section 19 of act Aug. 4, 1949, set out as an Effective Date note preceding chapter 1 of Title 14, Coast Guard.

§770. Regulations for expenditure of moneys accruing from commutation of rations and provisions

Money accruing from commutation of rations and provisions for working parties in the field, officers and crews of light vessels and tenders, and officials and other authorized persons on board of such tenders or vessels, after payment on proper vouchers to the officer in charge of the mess of such vessel or party, as provided by law, may be expended and accounted for pursuant to regulations prescribed by the Secretary of Transportation, notwithstanding the provisions of sections 1321 and 1322(a) of title 31.

(May 13, 1938, ch. 215, §3, 52 Stat. 353; 1939 Reorg. Plan No. II, §2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432; Pub. L. 89–670, §6(b)(1), Oct. 15, 1966, 80 Stat. 938.)

Codification

"Sections 1321 and 1322(a) of title 31" substituted in text for "the Act of June 26, 1934 (48 Stat. 1233) [31 U.S.C. 725s]" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Transfer of Functions

The money accruing from commutation of rations and provisions refer to such moneys of persons in the Lighthouse Service. The Lighthouse Service was under the Secretary of Commerce prior to the transfer and consolidation of the Bureau of Lighthouses, of which the Lighthouse Service was a part, with the Coast Guard which was under the Secretary of the Treasury by Reorg. Plan No. II, §2(a), set out in the Appendix to Title 5, Government Organization and Employees. Subsequently, the functions of the Secretary of the Treasury relating to the Coast Guard were transferred to the Secretary of Transportation by section 6(b)(1) of Pub. L. 89–670. 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.

§771. Benefits for surviving spouses of Lighthouse Service employees; death of employee during retirement; amount of payment

Where—

(1) any former employee of the Lighthouse Service has died or shall hereafter die at a time when that employee was receiving or was entitled to receive retirement pay under section 763 of this title, as amended and supplemented, and

(2) the surviving spouse of the former employee was married to the former employee prior to the retirement of the former employee from the Lighthouse Service and has not remarried—


the surviving spouse, so long as the surviving spouse does not remarry, shall be paid $100 per month by the Secretary of Transportation.

(Aug. 19, 1950, ch. 761, §1, 64 Stat. 465; Pub. L. 85–351, §1, Mar. 28, 1958, 72 Stat. 49; Pub. L. 89–670, §6(b)(1), Oct. 15, 1966, 80 Stat. 938; Pub. L. 90–163, §1, Nov. 29, 1967, 81 Stat. 518; Pub. L. 90–167, §1(a), Nov. 29, 1967, 81 Stat. 520; Pub. L. 98–557, §15(b)(1), Oct. 30, 1984, 98 Stat. 2866.)

Amendments

1984Pub. L. 98–557 substituted references to surviving spouse for references to widow.

1967Pub. L. 90–167 struck out provision which exempted from coverage of this section widows of employees whose positions were classified in one of the grades of the professional and scientific service of the Classification Act of 1923, or a comparable grade of the Classification Act of 1949, or who performed duties of a position comparable to a position so classified after the enactment of law requiring the classification of such positions.

Pub. L. 90–163 substituted "$100 per month" for "$75 per month".

1958Pub. L. 85–351 substituted "$75 per month" for "$50 per month".

Effective Date of 1967 Amendments

Pub. L. 90–167, §2, Nov. 29, 1967, 81 Stat. 520, provided that: "No payment shall be made by reason of the amendments made by this section [amending this section and section 772 of this title] for any period prior to the first day of the first month following the month in which this Act is enacted [Nov. 29, 1967]."

Pub. L. 90–163, §1, Nov. 29, 1967, 81 Stat. 518, provided that the amendment made by that section is effective on the first day of the month following Nov. 29, 1967.

Effective Date of 1958 Amendment

Pub. L. 85–351, §2, Mar. 28, 1958, 72 Stat. 49, provided that: "The amendments made by this Act [amending this section and section 772 of this title] shall take effect on the first day of the first month which begins after the date of the enactment of this Act [Mar. 28, 1958]."

Effective Date

Act Aug. 19, 1950, ch. 761, §6, 64 Stat. 466, provided that: "No payment shall be made under this Act [enacting this section and sections 772 to 775 of this title] for any period prior to the first day of the first month following the month in which this Act is enacted."

Transfer of Functions

Bureau of Lighthouses, of which Lighthouse Service was a part, transferred and consolidated with Coast Guard under Secretary of the Treasury by Reorg. Plan No. II of 1939, §2(a), eff. July 1, 1939, 4 F.R. 2731, 33 Stat. 1432, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Secretary of the Treasury relating to Coast Guard transferred to Secretary of Transportation by section 6(b)(1) of Pub. L. 89–670. 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.

Increase in Widows Benefits and Effective Date of Increase

Pub. L. 94–170, Dec. 23, 1975, 89 Stat. 1022, provided: "That the benefits payable under section 1 or section 2 of the Act of August 19, 1950 (64 Stat. 465, 466), as amended (33 U.S.C. 771, 772) shall, effective on the first day of the calendar month following enactment of this Act [Dec. 23, 1975], be increased by $26 per month.

"Sec. 2. The increases under this Act shall apply to benefits which commence before, on, or after the date of enactment of this Act [Dec. 23, 1975], but no increase in benefits shall be paid for any period prior to the date of enactment of this Act [Dec. 23, 1975], or the date on which the eligibility for benefits commences, whichever is later."

Cost-of-Living Adjustment to Widow's Annuity

Pub. L. 90–163, §2, Nov. 29, 1967, 81 Stat. 518, provided that: "Each annuity payable under the Act entitled 'An Act to provide benefits for widows of certain persons who were retired or are eligible for retirement under section 6 of the Act entitled "An Act to authorize aids to navigation and for other works in the Lighthouse Service, and for other purposes", approved June 20, 1918, as amended', approved August 19, 1950 (33 U.S.C. 771–775), and each annuity payable under section 6 of the Act entitled 'An Act to authorize aids to navigation and for other works in the Lighthouse Service, and for other purposes', approved June 20, 1918 (33 U.S.C. 763), shall be increased by the same percentage, adjusted to the nearest dollar, and on the same effective date, as each increase hereafter allowed under the cost-of-living annuity adjustment provisions of section 8340(b) of title 5, United States Code."

§772. Death of employee due to non-service-connected causes after 15 years' service; amount of payment

Where—

(1) any employee of the Lighthouse Service has died or shall hereafter die from non-service-connected causes after fifteen or more years of employment in such service, and

(2) the surviving spouse of the employee has not since remarried,


the surviving spouse, so long as the surviving spouse does not marry, shall be paid $100 per month by the Secretary of Transportation.

(Aug. 19, 1950, ch. 761, §2, 64 Stat. 466; Pub. L. 85–351, §1, Mar. 28, 1958, 72 Stat. 49; Pub. L. 89–670, §6(b)(1), Oct. 15, 1966, 80 Stat. 938; Pub. L. 90–163, §1, Nov. 29, 1967, 81 Stat. 518; Pub. L. 90–167, §1(b), Nov. 29, 1967, 81 Stat. 520; Pub. L. 98–557, §15(b)(2), Oct. 30, 1984, 98 Stat. 2866.)

Amendments

1984Pub. L. 98–557 substituted references to surviving spouse for references to widow.

1967Pub. L. 90–167 struck out provisions which exempted from coverage of this section widows of employees whose positions were classified in one of grades of professional and scientific service of Classification Act of 1923, or a comparable grade of Classification Act of 1949, or who performed duties of a position comparable to a position so classified after enactment of law requiring classification of such positions.

Pub. L. 90–163 substituted "$100 per month" for "$75 per month".

1958Pub. L. 85–351 substituted "$75 per month" for "$50 per month".

Effective Date of 1967 Amendments

Amendment by Pub. L. 90–167 effective for any period subsequent to the first day of the first month following Nov. 29, 1967, see section 2 of Pub. L. 90–167, set out as a note under section 771 of this title.

Pub. L. 90–163, §1, Nov. 29, 1967, 81 Stat. 518, provided that the amendment made by that section is effective on the first day of the month following Nov. 29, 1967.

Effective Date of 1958 Amendment

Amendment effective Apr. 1, 1958, see section 2 of Pub. L. 85–351, set out as a note under section 771 of this title.

Transfer of Functions

Bureau of Lighthouses, of which Lighthouse Service was a part, transferred and consolidated with Coast Guard under Secretary of the Treasury by Reorg. Plan No. II of 1939, §2(a), eff. July 1, 1939, 4 F.R. 2731, 33 Stat. 1432, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Secretary of the Treasury relating to Coast Guard transferred to Secretary of Transportation by section 6(b)(1) of Pub. L. 89–670. 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.

Increase in Widows Benefits and Effective Date of Increase

For 1975 increase in widows benefits under this section and section 771 of this title, and effective date of such increase, see Pub. L. 94–170, Dec. 23, 1975, 89 Stat. 1022, set out as a note under section 771 of this title.

§773. Application for benefits

Application for the benefits of sections 771 to 775 of this title shall be made in such manner and form as the Director of the Office of Personnel Management shall prescribe.

(Aug. 19, 1950, ch. 761, §3, 64 Stat. 466; 1978 Reorg. Plan No. 2, §102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.)

Transfer of Functions

"Director of the Office of Personnel Management" substituted in text for "Civil Service Commission" pursuant to Reorg. Plan No. 2 of 1978, §102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.

§774. Rules and regulations

The Director of the Office of Personnel Management shall perform, or cause to be performed, such acts, and shall make such rules and regulations, as may be necessary or proper to carry out the provisions of sections 771 to 775 of this title.

(Aug. 19, 1950, ch. 761, §4, 64 Stat. 466; 1978 Reorg. Plan No. 2, §102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.)

Transfer of Functions

"Director of the Office of Personnel Management" substituted in text for "Civil Service Commission" pursuant to Reorg. Plan No. 2 of 1978, §102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.

§775. Payments nonassignable and exempt from process

No payment under sections 771 to 775 of this title shall be assignable, either in law or in equity, or be subject to execution, levy, lien, attachment, garnishment, or other legal process.

(Aug. 19, 1950, ch. 761, §5, 64 Stat. 466.)

§776. Payment out of Civil Service Retirement and Disability Fund

Annuities authorized by sections 771 to 775 of this title may, on and after December 23, 2011, be paid out of the Civil Service Retirement and Disability Fund.

(Pub. L. 112–74, div. C, title V, Dec. 23, 2011, 125 Stat. 919.)

Codification

Section is from the appropriation act cited as the credit to this section.

Prior Provisions

Provisions similar to those in this section were contained in the following prior appropriation acts:

Pub. L. 111–117, div. C, title V, Dec. 16, 2009, 123 Stat. 3196.

Pub. L. 111–8, div. D, title V, Mar. 11, 2009, 123 Stat. 670.

Pub. L. 110–161, div. D, title V, Dec. 26, 2007, 121 Stat. 2009.

Pub. L. 109–115, div. A, title VI, Nov. 30, 2005, 119 Stat. 2489.

Pub. L. 108–447, div. H, title IV, Dec. 8, 2004, 118 Stat. 3263.

Pub. L. 108–199, div. F, title IV, Jan. 23, 2004, 118 Stat. 339.

Pub. L. 108–7, div. J, title IV, Feb. 20, 2003, 117 Stat. 459.

Pub. L. 107–67, title IV, Nov. 12, 2001, 115 Stat. 542.

Pub. L. 106–554, §1(a)(3) [title IV], Dec. 21, 2000, 114 Stat. 2763, 2763A-150.

Pub. L. 106–58, title IV, Sept. 29, 1999, 113 Stat. 463.

Pub. L. 105–277, div. A, §101(h) [title IV], Oct. 21, 1998, 112 Stat. 2681–480, 2681-509.

Pub. L. 105–61, title IV, Oct. 10, 1997, 111 Stat. 1303.

Pub. L. 104–208, div. A, title I, §101(f) [title IV], Sept. 30, 1996, 110 Stat. 3009–314, 3009-344.

Pub. L. 104–52, title IV, Nov. 19, 1995, 109 Stat. 489.

Pub. L. 103–329, title IV, Sept. 30, 1994, 108 Stat. 2407.

Pub. L. 103–123, title IV, Oct. 28, 1993, 107 Stat. 1249.

Pub. L. 102–393, title IV, Oct. 6, 1992, 106 Stat. 1756.

Pub. L. 102–141, title IV, Oct. 28, 1991, 105 Stat. 860.

Pub. L. 101–509, title IV, Nov. 5, 1990, 104 Stat. 1421.

Pub. L. 101–136, title IV, Nov. 3, 1989, 103 Stat. 810.

Pub. L. 100–440, title IV, Sept. 22, 1988, 102 Stat. 1745.

Pub. L. 100–202, §101(m) [title IV], Dec. 22, 1987, 101 Stat. 1329–390, 1329-413.

Pub. L. 99–500, §101(m) [title IV], Oct. 18, 1986, 100 Stat. 1783–308, 1783-322, and Pub. L. 99–591, §101(m) [title IV], Oct. 30, 1986, 100 Stat. 3341–308, 3341-322.

Pub. L. 99–190, title I, §101(h) [H.R. 3036, title IV], Dec. 19, 1985, 99 Stat. 1291.

Pub. L. 98–473, title I, §101(j) [H.R. 5798, title IV], Oct. 12, 1984, 98 Stat. 1963.

Pub. L. 98–151, §101(f) [H.R. 4139, title IV], Nov. 14, 1983, 97 Stat. 973.

Pub. L. 97–377, title I, §101(a) [incorporating H.R. 4121, title IV, for FY 1982], Dec. 21, 1982, 96 Stat. 1830.

Pub. L. 97–92, §101(a) [H.R. 4121, title IV], Dec. 15, 1981, 95 Stat. 1183.

Pub. L. 96–536, §101(a) [incorporating Pub. L. 96–74, title IV], Dec. 16, 1980, 94 Stat. 3166.

Pub. L. 96–74, title IV, Sept. 29, 1979, 93 Stat. 571.

Pub. L. 95–429, title IV, Oct. 10, 1978, 92 Stat. 1007.

Pub. L. 95–81, title IV, July 31, 1977, 91 Stat. 347.

Pub. L. 94–363, title IV, July 14, 1976, 90 Stat. 969.

Pub. L. 94–91, title IV, Aug. 9, 1975, 89 Stat. 449.

Pub. L. 93–381, title IV, Aug. 21, 1974, 88 Stat. 620.

Pub. L. 93–143, title IV, Oct. 30, 1973, 87 Stat. 517.