14 U.S.C. § 103 — Department in which the Coast Guard op-

Page 8 TITLE 14—COAST GUARD § 103 Sept. 28, 1988, 102 Stat. 1845; Pub. L. 100–690, title VII, § 7403, Nov. 18, 1988, 102 Stat. 4484; Pub. L. 112–213, title II, § 217(1), Dec. 20, 2012, 126 Stat. 1556; renumbered § 102 and amended Pub. L. 115–282, title I, § 103(b), title III, § 302, Dec. 4, 2018, 132 Stat. 4195, 4243.) 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., §§ 45, 50k–50o, 51, 52, 53, 55, 60, 61, 62, 63, 98a, 104, 261, 301, title 33, U.S.C., 1946 ed., §§ 720, 720a, 740, 740a, 740b, title 46, U.S.C., 1946 ed., §§ 1 (footnote), 2 (R.S. 1536, 2747, 2758, 2759, 4249; June 23, 1874, ch. 455, § 1, 18 Stat. 220; June 18, 1878, ch. 265, § 4, 20 Stat. 163; July 5, 1884, ch. 221, § 2, 23 Stat. 118; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Apr. 19, 1906, ch. 1640, §§ 1–3, 34 Stat. 123; May 12, 1906, ch. 2454, 34 Stat. 190; June 17, 1910, ch. 301, §§ 6, 7, 36 Stat. 538; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; June 24, 1914, ch. 124, 38 Stat. 387; Mar. 3, 1915, ch. 81, § 5, 38 Stat. 927; Aug. 29, 1916, ch. 417, 39 Stat. 1820; May 22, 1926, ch. 371, § 6, 44 Stat. 626; June 30, 1932, ch. 314, § 501, 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; Aug. 16, 1937, ch. 665, § 3, 50 Stat. 667; Feb. 19, 1941, ch. 8, §§ 2, 201, 55 Stat. 9, 11; July 11, 1941, ch. 290, § 7, 55 Stat. 585; Nov. 23, 1942, ch. 639, § 2(2), 56 Stat. 102; Sept. 30, 1944, ch. 453, § 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 responsibil- ities 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 read- iness 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 responsibil- ities, such as the assignment of law enforcement pow- ers 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 Navi- gation 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 inter- dependent functions of the Service have not been ex- pressed 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 Con- gress, House Report No. 557. Editorial Notes PRIOR PROVISIONS A prior section 102 was renumbered section 717 of this title. AMENDMENTS 2018—Pub. L. 115–282, § 103(b), renumbered section 2 of this title as this section. Par. (7). Pub. L. 115–282, § 302, amended par. (7) gen- erally. Prior to amendment, par. (7) read as follows: ‘‘maintain a state of readiness to function as a special- ized service in the Navy in time of war, including the fulfillment of Maritime Defense Zone command respon- sibilities.’’ 2012—Pub. L. 112–213 amended section generally. Prior to amendment, section related to primary duties of the Coast Guard. 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 fulfill- ment of Maritime Defense Zone command responsibil- ities.’’ 1974—Pub. L. 93–519 inserted provision requiring Coast Guard to develop, establish, maintain and operate, pur- suant to international agreements, icebreaking facili- ties in waters other than those subject to the jurisdic- tion of the United States. 1970—Pub. L. 91–278 improved and clarified text, sub- stituting ‘‘on and under’’ for ‘‘upon’’ in clause pre- ceding 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 sub- ject to jurisdiction of the United States. Statutory Notes and Related Subsidiaries 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 103. Department in which the Coast Guard op- erates (a) IN GENERAL.—The Coast Guard shall be a service in the Department of Homeland Secu- rity, except when operating as a service in the Navy. (b) TRANSFERS.—Upon the declaration of war if Congress so directs in the declaration or when the President directs, the Coast Guard shall op- erate as a service in the Navy, and shall so con- tinue until the President, by Executive order, transfers the Coast Guard back to the Depart- ment 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 ex- tent such Secretary deems advisable, with Navy operations. (c) OPERATION AS A SERVICE IN THE NAVY.— Whenever the Coast Guard operates as a service in the Navy— (1) applicable appropriations of the Navy De- partment shall be available for the expense of the Coast Guard; (2) applicable appropriations of the Coast Guard shall be available for transfer to the Navy Department; (3) precedence between commissioned offi- cers 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; (4) personnel of the Coast Guard shall be eli- gible to receive gratuities, medals, and other insignia of honor on the same basis as per- sonnel in the naval service or serving in any capacity with the Navy; and (5) the Secretary may place on furlough any officer of the Coast Guard and officers on fur- lough shall receive one half of the pay to Page 9 TITLE 14—COAST GUARD § 105 which they would be entitled if on leave of ab- sence, but officers of the Coast Guard Reserve shall not be so placed on furlough. (Aug. 4, 1949, ch. 393, 63 Stat. 496, § 3; Pub. L. 94–546, § 1(2), Oct. 18, 1976, 90 Stat. 2519; Pub. L. 107–296, title XVII, § 1704(a), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 109–241, title II, § 211, July 11, 2006, 120 Stat. 523; Pub. L. 112–213, title II, § 217(1), Dec. 20, 2012, 126 Stat. 1556; renumbered § 103, Pub. L. 115–282, title I, § 103(b), Dec. 4, 2018, 132 Stat. 4195.) HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., § 1 (Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; July 11, 1941, ch. 290, §§ 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. Editorial Notes PRIOR PROVISIONS A prior section 103 was renumbered section 563 of this title. AMENDMENTS 2018—Pub. L. 115–282 renumbered section 3 of this title as this section. 2012—Pub. L. 112–213 amended section generally. Prior to amendment, text read as follows: ‘‘Upon the declara- tion of war if Congress so directs in the declaration or when the President directs, the Coast Guard shall oper- ate 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 oper- ations to render them uniform, to the extent he deems advisable, with Navy operations.’’ 2006—Pub. L. 109–241 inserted ‘‘if Congress so directs in the declaration’’ after ‘‘Upon the declaration of war’’. 2002—Pub. L. 107–296 substituted ‘‘Department of Homeland Security’’ for ‘‘Department of Transpor- tation’’. 1976—Pub. L. 94–546 substituted ‘‘Executive’’ for ‘‘ex- ecutive’’ and ‘‘Department of Transportation’’ for ‘‘Treasury Department’’. Statutory Notes and Related Subsidiaries 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. § 104. Removing restrictions Any law removing for the duration of a war or national emergency proclaimed by the President any restriction contained in any then-existing law as applied to the Navy, including, but not limited to, restrictions relating to the manner in which purchases may be made and contracts awarded, fiscal operations, and personnel, shall, in the same manner and to the same extent, re- move such restrictions as applied to the Coast Guard. (Aug. 4, 1949, ch. 393, 63 Stat. 550, § 652; renum- bered § 104, Pub. L. 115–282, title I, § 103(b), Dec. 4, 2018, 132 Stat. 4195.) HISTORICAL AND REVISION NOTES This section is new and provides that any law remov- ing for the duration of a war or national emergency any restriction contained in any then-existing law as applied to the Navy shall operate in the same manner to remove such restrictions as applied to the Coast Guard. Included are restrictions relating to the manner in which purchases may be made and contracts award- ed, fiscal operations, and personnel. This provision is designed to enable the Coast Guard to operate as effi- ciently as the Navy Department in time of war or dur- ing a national emergency and would permit the Coast Guard more effectively to maintain itself in a state of military readiness during periods of emergency. Since the Coast Guard operates as part of the Navy in time of war, it is essential that its operations be as flexible and as efficient as those of the Department of which it is to be a part. This section would prevent inadvertent failures specifically to mention the Coast Guard in leg- islation of the type described in this section from hin- dering service operations. 81st Congress, House Report No. 557. Editorial Notes PRIOR PROVISIONS A prior section 104 was renumbered section 528 of this title. AMENDMENTS 2018—Pub. L. 115–282 renumbered section 652 of this title as this section. § 105. Secretary defined In this title, the term ‘‘Secretary’’ means the Secretary of the respective department in which the Coast Guard is operating. (Aug. 4, 1949, ch. 393, 63 Stat. 497, § 4; May 5, 1950, ch. 169, § 14(u), 64 Stat. 148; Pub. L. 89–444, § 1(1), June 9, 1966, 80 Stat. 195; Pub. L. 112–213, title II, § 217(1), Dec. 20, 2012, 126 Stat. 1557; renumbered § 105, Pub. L. 115–282, title I, § 103(b), Dec. 4, 2018, 132 Stat. 4195.) HISTORICAL AND REVISION NOTES Subsections (a) and (b) are based on title 14, U.S.C., 1946 ed., § 1 (Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; July 11, 1941, ch. 290, §§ 5, 6(a), 55 Stat. 585). Said section has been divided. The provisions relating to appropriations are in this section. The provisions re- lating 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 Budg- et (July 11, 1941, ch. 290, § 6 (a), 55 Stat. 585). Subsection (c) is based on title 14, U.S.C., 1946 ed., § 7 (Aug. 29, 1916, ch. 417, 39 Stat. 600). Subsection (d) is derived from title 34, U.S.C., 1946 ed., §§ 355 to 356b (Feb. 4, 1919, ch. 14, §§ 2–5, 40 Stat. 1056; Aug. 7, 1942, ch. 551, § 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 oper- ating under the Navy, this subsection entails no change in existing law. Subsection (e) is based on title 34, U.S.C., 1946 ed., § 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