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14 U.S.C. § 103Department in which the Coast Guard operates

submitted 77 years ago by ch. 393 to r/title-14-COAST-GUARD · 292 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section says the Coast Guard normally serves under the Department of Homeland Security. But if Congress declares war and says so, or if the President orders it, the Coast Guard switches to serve under the Navy until the President moves it back.

(a) In General. The Coast Guard is normally a service inside the Department of Homeland Security, except when it operates as part of the Navy. (b) Transfers. If Congress declares war and directs it, or if the President orders it, the Coast Guard switches to operate as part of the Navy. It stays there until the President, by executive order, moves it back to the Department of Homeland Security. While serving under the Navy, the Coast Guard follows the Secretary of the Navy's orders, and that Secretary can adjust Coast Guard operations to match Navy operations, as far as the Secretary thinks is wise. (c) Operation as a Service in the Navy. Whenever the Coast Guard operates under the Navy: (1) Navy Department funds can be used to cover Coast Guard costs; (2) Coast Guard funds can be transferred to the Navy Department; (3) rank order between Coast Guard and Navy officers of matching grades is set by the date shown on their commissions; (4) Coast Guard personnel can get the same medals, honors, and gratuities as Navy personnel or people serving with the Navy; and (5) the Secretary can place any Coast Guard officer on furlough — those officers get half of their normal leave pay — but Coast Guard Reserve officers cannot be furloughed this way.
the actual law source: uscode.house.gov ↗public domain
(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.)

history & why it existsrecord from the source credit
  • 1949Enacted · Act of Aug. 4, 1949, ch. 393 · 63 Stat. 496
  • 1976Amended · Pub. L. 94-546 · 90 Stat. 2519
  • 2002Amended · Pub. L. 107-296 · 116 Stat. 2314
  • 2006Amended · Pub. L. 109-241 · 120 Stat. 523
  • 2012Amended · Pub. L. 112-213 · 126 Stat. 1556
  • 2018Amended · Pub. L. 115-282 · 132 Stat. 4195

A history note hasn’t been published yet. The record shows enactment by ch. 393 on 1949-08-04.

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