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14 USC CHAPTER 1 - ESTABLISHMENT AND DUTIES 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 1 - ESTABLISHMENT AND DUTIES

.

-HEAD-

CHAPTER 1 - ESTABLISHMENT AND DUTIES

-MISC1-

Sec.

1. Establishment of Coast Guard.

2. Primary duties.

3. Relationship to Navy Department.

4. Operation as a service in the Navy.

5. ''Secretary'' defined.

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14 USC Sec. 1 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 1 - ESTABLISHMENT AND DUTIES

-HEAD-

Sec. 1. Establishment of Coast Guard

-STATUTE-

The Coast Guard as established January 28, 1915, shall be a

military service and a branch of the armed forces of the United

States at all times. The Coast Guard shall be a service in the

Department of Homeland Security, except when operating as a service

in the Navy.

-SOURCE-

(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.)

-MISC1-

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, Sec. 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 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'.''

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 46 section 2101.

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14 USC Sec. 2 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 1 - ESTABLISHMENT AND DUTIES

-HEAD-

Sec. 2. Primary duties

-STATUTE-

The Coast Guard shall enforce or assist in the enforcement of all

applicable Federal laws on, under, and over the high seas and

waters subject to the jurisdiction of the United States; shall

engage in maritime air surveillance or interdiction to enforce or

assist in the enforcement of the laws of the United States; shall

administer laws and promulgate and enforce regulations for the

promotion of safety of life and property on and under the high seas

and waters subject to the jurisdiction of the United States

covering all matters not specifically delegated by law to some

other executive department; shall develop, establish, maintain, and

operate, with due regard to the requirements of national defense,

aids to maritime navigation, ice-breaking facilities, and rescue

facilities for the promotion of safety on, under, and over the high

seas and waters subject to the jurisdiction of the United States;

shall, pursuant to international agreements, develop, establish,

maintain, and operate icebreaking facilities on, under, and over

waters other than the high seas and waters subject to the

jurisdiction of the United States; shall engage in oceanographic

research of the high seas and in waters subject to the jurisdiction

of the United States; and shall maintain a state of readiness to

function as a specialized service in the Navy in time of war,

including the fulfillment of Maritime Defense Zone command

responsibilities.. (FOOTNOTE 1)

(FOOTNOTE 1) So in original.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 496; Pub. L. 87-396, Sec. 1, Oct.

5, 1961, 75 Stat. 827; Pub. L. 91-278, Sec. 1(1), June 12, 1970, 84

Stat. 304; Pub. L. 93-519, Dec. 13, 1974, 88 Stat. 1659; Pub. L.

99-640, Sec. 6, Nov. 10, 1986, 100 Stat. 3547; Pub. L. 100-448,

Sec. 17, Sept. 28, 1988, 102 Stat. 1845; Pub. L. 100-690, title

VII, Sec. 7403, Nov. 18, 1988, 102 Stat. 4484.)

-MISC1-

HISTORICAL AND REVISION NOTES

This section defines in general terms, for the first time in any

statute, all the primary duties of the Coast Guard. It is derived

from title 14, U.S.C., 1946 ed., Sec. 45, 50k-50o, 51, 52, 53, 55,

60, 61, 62, 63, 98a, 104, 261, 301, title 33, U.S.C., 1946 ed.,

Sec. 720, 720a, 740, 740a, 740b, title 46, U.S.C., 1946 ed., Sec. 1

(footnote), 2 (R.S. 1536, 2747, 2758, 2759, 4249; June 23, 1874,

ch. 455, Sec. 1, 18 Stat. 220; June 18, 1878, ch. 265, Sec. 4, 20

Stat. 163; July 5, 1884, ch. 221, Sec. 2, 23 Stat. 118; Feb. 14,

1903, ch. 552, Sec. 10, 32 Stat. 829; Apr. 19, 1906, ch. 1640, Sec.

1-3, 34 Stat. 123; May 12, 1906, ch. 2454, 34 Stat. 190; June 17,

1910, ch. 301, Sec. 6, 7, 36 Stat. 538; Mar. 4, 1913, ch. 141, Sec.

1, 37 Stat. 736; June 24, 1914, ch. 124, 38 Stat. 387; Mar. 3,

1915, ch. 81, Sec. 5, 38 Stat. 927; Aug. 29, 1916, ch. 417, 39

Stat. 1820; May 22, 1926, ch. 371, Sec. 6, 44 Stat. 626; June 30,

1932, ch. 314, Sec. 501, 47 Stat. 415; May 27, 1936, ch. 463, Sec.

1, 49 Stat. 1380; Aug. 16, 1937, ch. 665, Sec. 3, 50 Stat. 667;

Feb. 19, 1941, ch. 8, Sec. 2, 201, 55 Stat. 9, 11; July 11, 1941,

ch. 290, Sec. 7, 55 Stat. 585; Nov. 23, 1942, ch. 639, Sec. 2(2),

56 Stat. 102; Sept. 30, 1944, ch. 453, Sec. 1, 58 Stat. 759; June

22, 1948, ch. 600, 62 Stat. 574; June 26, 1948, ch. 672, 62 Stat.

1050).

This section contains a codification of functions. It sets forth

in general language the primary responsibilities of the Coast

Guard: enforcement of all Federal laws on waters to which they have

application, safety of life and property at sea, aiding navigation,

and readiness to function with the Navy. Having been created in

1915 by the consolidation of the Revenue Cutter Service and the

Life Saving Service, the Coast Guard has gradually been given

additional duties and responsibilities, such as the assignment of

law enforcement powers on the high seas and navigable waters in

1936, the transfer of the Lighthouse Service in 1939, and the

transfer of the Bureau of Marine Inspection and Navigation in 1942.

Existing along with these other duties has been that of maintaining

a state of readiness as a specialized service prepared for active

participation with the Navy in time of war. These various

interdependent functions of the Service have not been expressed

collectively in any statute heretofore, but it is believed

desirable to do so in this revision in order to have outlined in

general terms in one section the broad scope of the functions of

the Coast Guard. 81st Congress, House Report No. 557.

AMENDMENTS

1988 - Pub. L. 100-690 substituted ''United States; shall engage

in maritime air surveillance or interdiction to enforce or assist

in the enforcement of the laws of the United States; shall

administer'' for first reference to ''United States;''.

Pub. L. 100-448 substituted ''Federal laws on, under, and over''

for ''Federal laws on and under''.

1986 - Pub. L. 99-640 inserted '', including the fulfillment of

Maritime Defense Zone command responsibilities.''

1974 - Pub. L. 93-519 inserted provision requiring Coast Guard to

develop, establish, maintain and operate, pursuant to international

agreements, icebreaking facilities in waters other than those

subject to the jurisdiction of the United States.

1970 - Pub. L. 91-278 improved and clarified text, substituting

''on and under'' for ''upon'' in clause preceding first semicolon;

inserting ''and under'' after ''life and property on'' and striking

out ''on'' after ''the high seas and'' in clause preceding second

semicolon; and substituting ''icebreaking'' for ''ice-breaking''

and inserting '', under,'' after ''promotion of safety on'' in

clause preceding third semicolon, respectively.

1961 - Pub. L. 87-396 required Coast Guard to engage in

oceanographic research on high seas and in waters subject to

jurisdiction of the United States.

-TRANS-

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.

-MISC5-

ANNUAL REPORT ON COAST GUARD CAPABILITIES AND READINESS TO FULFILL

NATIONAL DEFENSE RESPONSIBILITIES

Pub. L. 107-295, title IV, Sec. 426, Nov. 25, 2002, 116 Stat.

2126, provided that: ''Not later than February 15 each year, the

Secretary of the department in which the Coast Guard is operating

shall submit to the Committee on Transportation and Infrastructure

of the House of Representatives and the Committee on Commerce,

Science, and Transportation of the Senate a report, prepared in

conjunction with the Commandant of the Coast Guard, setting forth

the capabilities and readiness of the Coast Guard to fulfill its

national defense responsibilities.''

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 6 section 113.

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14 USC Sec. 3 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 1 - ESTABLISHMENT AND DUTIES

-HEAD-

Sec. 3. Relationship to Navy Department

-STATUTE-

Upon the declaration of war or when the President directs, the

Coast Guard shall operate as a service in the Navy, and shall so

continue until the President, by Executive order, transfers the

Coast Guard back to the Department of Homeland Security. While

operating as a service in the Navy, the Coast Guard shall be

subject to the orders of the Secretary of the Navy who may order

changes in Coast Guard operations to render them uniform, to the

extent he deems advisable, with Navy operations.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 496; Pub. L. 94-546, Sec. 1(2),

Oct. 18, 1976, 90 Stat. 2519; Pub. L. 107-296, title XVII, Sec.

1704(a), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

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, Sec. 5, 6(a), 55

Stat. 585).

Said section has been divided. The provisions relating to when

the Coast Guard operates as a service in the Navy are in this

section. The provisions relating to the establishment of the Coast

Guard are placed in section 1 of this title. The provisions

relating to appropriations are placed in section 4 of this title.

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 ''Executive'' for ''executive''

and ''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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 6 section 468; title 10

section 5013a; title 49 section 108; title 50 section 191a.

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14 USC Sec. 4 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 1 - ESTABLISHMENT AND DUTIES

-HEAD-

Sec. 4. Operation as a service in the Navy

-STATUTE-

Whenever the Coast Guard operates as a service in the Navy:

(a) applicable appropriations of the Navy Department shall be

available for the expense of the Coast Guard;

(b) applicable appropriations of the Coast Guard shall be

available for transfer to the Navy Department;

(c) precedence between commissioned officers of corresponding

grades in the Coast Guard and the Navy shall be determined by the

date of rank stated by their commissions in those grades;

(d) personnel of the Coast Guard shall be eligible to receive

gratuities, medals, and other insignia of honor on the same basis

as personnel in the naval service or serving in any capacity with

the Navy; and

(e) the Secretary may place on furlough any officer of the

Coast Guard and officers on furlough shall receive one half of

the pay to which they would be entitled if on leave of absence,

but officers of the Coast Guard Reserve shall not be so placed on

furlough.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 497; May 5, 1950, ch. 169, Sec.

14(u), 64 Stat. 148; Pub. L. 89-444, Sec. 1(1), June 9, 1966, 80

Stat. 195.)

-MISC1-

HISTORICAL AND REVISION NOTES

Subsections (a) and (b) are 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, Sec. 5, 6(a), 55 Stat. 585).

Said section has been divided. The provisions relating to

appropriations are in this section. The provisions relating to

establishment of the Coast Guard are placed in section 1 of this

title. The provisions relating to when the Coast Guard operates as

a service in the Navy are placed in section 3 of this title.

The substantive changes relating to the availability of

appropriations when the Coast Guard is transferred to the Navy were

suggested by the Bureau of the Budget (July 11, 1941, ch. 290, Sec.

6 (a), 55 Stat. 585).

Subsection (c) is based on title 14, U.S.C., 1946 ed., Sec. 7

(Aug. 29, 1916, ch. 417, 39 Stat. 600).

Subsection (d) is derived from title 34, U.S.C., 1946 ed., Sec.

355 to 356b (Feb. 4, 1919, ch. 14, Sec. 2-5, 40 Stat. 1056; Aug. 7,

1942, ch. 551, Sec. 1, 56 Stat. 743).

Said sections authorized medals for presentation ''. . . to any

person who, while serving in any capacity with the Navy of the

United States . . .''; inasmuch as this language includes the Coast

Guard when it is operating under the Navy, this subsection entails

no change in existing law.

Subsection (e) is based on title 34, U.S.C., 1946 ed., Sec. 228

(R.S. 1442; Feb. 28, 1942, ch. 11, 59 Stat. 9).

Inasmuch as R.S. 1442 cited above applies to the Navy and Marine

Corps as well as the Coast Guard it is not scheduled for repeal but

is being amended by section 6 of this act to eliminate reference to

the Coast Guard.

Subsection (f) is based on title 14, U.S.C., 1946 ed., Sec. 3

(Aug. 29, 1916, ch. 417, 39 Stat. 600).

Said section has been divided. The provisions concerning

applicability of Navy laws to Coast Guard personnel are placed in

this section. The provisions of the provisos of title 14, U.S.C.,

1946 ed., Sec. 3 are placed in section 571 of this title.

Changes were made in phraseology. 81st Congress, House Report No.

557.

AMENDMENTS

1966 - Pub. L. 89-444 made technical changes in subsecs. (d) and

(e) by inserting ''and'' at end of subsec. (d) and substituting a

period for ''; and'' at end of subsec. (e).

1950 - Act May 5, 1950, repealed subsec. (f) which provided that

personnel of the Coast Guard should be subject to the laws for the

government of the Navy.

EFFECTIVE DATE OF 1950 AMENDMENT

Section 5 of act May 5, 1950, provided that the amendment made by

that section is effective May 31, 1951.

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14 USC Sec. 5 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 1 - ESTABLISHMENT AND DUTIES

-HEAD-

Sec. 5. ''Secretary'' defined

-STATUTE-

As used in this title, the term ''Secretary'' means the Secretary

of the respective department in which the Coast Guard is operating.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 497.)

-MISC1-

HISTORICAL AND REVISION NOTES

This section is definitive and is included to obviate the

necessity of spelling out in detail in each section of the bill

where the Secretary is referred to, ''the Secretary of the Treasury

when the Coast Guard is operating in the Treasury Department and

the Secretary of the Navy when the Coast Guard is operating as a

service in the Navy.'' 81st Congress, House Report No. 557.

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