14 U.S.C. § 104 — Removing restrictions

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