14 U.S.C. § 102 — Primary duties

Page 7 TITLE 14—COAST GUARD § 102 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 2021 AMENDMENT Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8271, Jan. 1, 2021, 134 Stat. 4681, provided that: ‘‘This subtitle [subtitle E (§§ 8271–8278) of title LVXXXII [LXXXII] of div. G of Pub. L. 116–283, enacting sections 1905, 2131, and 5111 of this title and section 417 of Title 6, Domestic Security, amending section 1903 of this title, and enacting provisions set out as a note under section 1901 of this title] may be cited as the ‘Coast Guard Academy Improvement Act’.’’ SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–265, title III, § 301, Oct. 11, 2018, 132 Stat. 3752, provided that: ‘‘This title [enacting provisions set out as a note under section 313 of this title] may be cited as the ‘Coast Guard Blue Technology Center of Expertise Act’.’’ SHORT TITLE OF 2014 AMENDMENT Pub. L. 113–281, § 1, Dec. 18, 2014, 128 Stat. 3022, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Howard Coble Coast Guard and Maritime Transportation Act of 2014’.’’ SHORT TITLE OF 2012 AMENDMENT Pub. L. 112–213, § 1(a), Dec. 20, 2012, 126 Stat. 1540, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Coast Guard and Maritime Trans- portation Act of 2012’.’’ SHORT TITLE OF 2010 AMENDMENT Pub. L. 111–281, title V, § 501, Oct. 15, 2010, 124 Stat. 2951, provided that: ‘‘This title [enacting sections 57 to 59, 102, and 200 of this title and section 2116 of Title 46, Shipping, amending sections 47, 50, 51, 52, 93, and 290 of this title and section 3309 of Title 46, repealing section 50a of this title, and enacting provisions set out as a note under section 50 of this title] may be cited as the ‘Coast Guard Modernization Act of 2010’.’’ SHORT TITLE OF 2006 AMENDMENT Pub. L. 109–241, § 1, July 11, 2006, 120 Stat. 516, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Coast Guard and Maritime Trans- portation Act of 2006’.’’ SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–293, § 1, Aug. 9, 2004, 118 Stat. 1028, pro- vided that: ‘‘This Act [see Tables for classification] may be referred to as the ‘Coast Guard and Maritime Transportation Act of 2004’.’’ SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–295, title III, § 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 Per- sonnel and Maritime Safety Act of 2002’.’’ Pub. L. 107–295, title IV, § 401, Nov. 25, 2002, 116 Stat. 2113, provided that: ‘‘This title [see Tables for classi- fication] may be cited as the ‘Omnibus Maritime and Coast Guard Improvements Act of 2002’.’’ TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation 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. Coast Guard transferred to Department of Transpor- tation 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, § 6(b)(1), Oct. 15, 1966, 80 Stat. 931. Section 6(b)(2) of Pub. L. 89–670, however, provided that notwith- standing such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when Presi- dent directs as provided in section 3 of this title. See section 108 of Title 49, Transportation. DESIGNATION OF COAST GUARD HEADQUARTERS BUILDING Pub. L. 113–31, Aug. 9, 2013, 127 Stat. 511, provided that: ‘‘SECTION 1. DESIGNATION. ‘‘The headquarters building of the Coast Guard on the campus located at 2701 Martin Luther King, Jr., Avenue Southeast in the District of Columbia shall be known and designated as the ‘Douglas A. Munro Coast Guard Headquarters Building’. ‘‘SEC. 2. REFERENCES. ‘‘Any reference in a law, map, regulation, document, paper, or other record of the United States to the build- ing referred to in section 1 shall be deemed to be a ref- erence to the ‘Douglas A. Munro Coast Guard Head- quarters Building’.’’ § 102. Primary duties The Coast Guard shall— (1) enforce or assist in the enforcement of all applicable Federal laws on, under, and over the high seas and waters subject to the juris- diction of the United States; (2) engage in maritime air surveillance or interdiction to enforce or assist in the enforce- ment of the laws of the United States; (3) administer laws and promulgate and en- force 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 spe- cifically delegated by law to some other exec- utive department; (4) develop, establish, maintain, and operate, with due regard to the requirements of na- tional defense, aids to maritime navigation, icebreaking facilities, and rescue facilities for the promotion of safety on, under, and over the high seas and waters subject to the juris- diction of the United States; (5) pursuant to international agreements, develop, establish, maintain, and operate icebreaking facilities on, under, and over wa- ters other than the high seas and waters sub- ject to the jurisdiction of the United States; (6) engage in oceanographic research of the high seas and in waters subject to the jurisdic- tion of the United States; and (7) maintain a state of readiness to assist in the defense of the United States, including when functioning as a specialized service in the Navy pursuant to section 103. (Aug. 4, 1949, ch. 393, 63 Stat. 496, § 2; Pub. L. 87–396, § 1, Oct. 5, 1961, 75 Stat. 827; Pub. L. 91–278, § 1(1), June 12, 1970, 84 Stat. 304; Pub. L. 93–519, Dec. 13, 1974, 88 Stat. 1659; Pub. L. 99–640, § 6, Nov. 10, 1986, 100 Stat. 3547; Pub. L. 100–448, § 17, 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