Collapse to view only § 101. Establishment of Coast Guard
- § 101. Establishment of Coast Guard
- § 102. Primary duties
- § 103. Department in which the Coast Guard operates
- § 104. Removing restrictions
- § 105. Secretary defined
- § 106. Commandant defined
§ 101. Establishment of Coast Guard
The Coast Guard, established January 28, 1915, shall be a military service and a branch of the armed forces of the United States at all times.
(Aug. 4, 1949, ch. 393, 63 Stat. 496, § 1; Pub. L. 94–546, § 1(1), Oct. 18, 1976, 90 Stat. 2519; Pub. L. 107–296, title XVII, § 1704(a), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–213, title II, § 217(1), Dec. 20, 2012, 126 Stat. 1555; renumbered § 101, Pub. L. 115–282, title I, § 103(b), Dec. 4, 2018, 132 Stat. 4195.)
§ 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 jurisdiction of the United States;
(2) engage in maritime air surveillance or interdiction to enforce or assist in the enforcement of the laws of the United States;
(3) 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;
(4) develop, establish, maintain, and operate, with due regard to the requirements of national 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 jurisdiction of the United States;
(5) 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;
(6) engage in oceanographic research of the high seas and in waters subject to the jurisdiction 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, 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,
§ 103. Department in which the Coast Guard operates
(a)In General.—The Coast Guard shall be a service in the Department of Homeland Security, 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 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 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 Department 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 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;
(4) 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
(5) 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.
(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.)
§ 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, remove such restrictions as applied to the Coast Guard.
(Aug. 4, 1949, ch. 393, 63 Stat. 550, § 652; renumbered § 104, Pub. L. 115–282, title I, § 103(b), Dec. 4, 2018, 132 Stat. 4195.)
§ 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.)
§ 106. Commandant defined
In this title, the term “Commandant” means the Commandant of the Coast Guard.
(Added Pub. L. 115–232, div. C, title XXXV, § 3531(a), Aug. 13, 2018, 132 Stat. 2320, § 5; renumbered § 106, Pub. L. 115–282, title I, § 103(b), Dec. 4, 2018, 132 Stat. 4195.)