2018 US Code
Title 14 - Coast Guard
Subtitle I - Establishment, Powers, Duties, and Administration
Chapter 1 - Establishment and Duties
Sec. 103 - Department in which the Coast Guard operates

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Citation 14 U.S.C. § 103 (2018)
Section Name §103. Department in which the Coast Guard operates
Section Text

(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.

Source Credit

(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.)

Editorial Notes 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.

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 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 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 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.

Publication Title United States Code, 2018 Edition, Title 14 - COAST GUARD
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 14 - COAST GUARD
SUBTITLE I - ESTABLISHMENT, POWERS, DUTIES, AND ADMINISTRATION
CHAPTER 1 - ESTABLISHMENT AND DUTIES
Sec. 103 - Department in which the Coast Guard operates
Contains section 103
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law Yes
Disposition standard
Statutes at Large References 38 Stat. 800
55 Stat. 585
63 Stat. 496
90 Stat. 2519
116 Stat. 2314
120 Stat. 523
126 Stat. 1556
132 Stat. 4195
Public Law References Public Law 94-546, Public Law 107-296, Public Law 109-241, Public Law 112-213, Public Law 115-282
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