§ 105. Secretary defined

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1949

   Title 14, United States Code, section —

   Pub. L. 81–393 · 63 Stat. 495

   Enacted · 14 U.S.C. § 105

   Aug. 4, 1949, ch. 393, 63 Stat. 497, § 4

   Source evidence

   Code source credit
   Aug. 4, 1949, ch. 393, 63 Stat. 497, § 4

2. 1966

   Pub. L. 89–444 § 1(1) · 80 Stat. 195

   1. Inserted · 14 U.S.C. § 105

      Pub. L. 89–444 made technical changes in subsecs. (d) and (e) by inserting “and” at end of subsec. (d)

   2. Substituted · 14 U.S.C. § 105

      Pub. L. 89–444 made technical changes in subsecs. (d) and (e) by substituting a period for “; and” at end of subsec. (e)

   Source evidence

   Code amendment note
   Pub. L. 89–444 made technical changes in subsecs. (d) and (e) by inserting “and” at end of subsec. (d) and substituting a period for “; and” at end of subsec. (e).

   Enacted provision · exact public law section
   (1) Section 4 is amended— (A) by inserting the word “and” at the end of clause (d); and (B) by striking out and” at the end of clause (e) and inserting a period in place thereof.

3. 2012

   Coast Guard and Maritime Transportation Act of 2012

   Pub. L. 112–213 title II § 217(1) · 126 Stat. 1540

   Amended · 14 U.S.C. § 105

   Pub. L. 112–213 amended section generally. Prior to amendment, section related to operation of Coast Guard as a service in the Navy

   Source evidence

   Code amendment note
   Pub. L. 112–213 amended section generally. Prior to amendment, section related to operation of Coast Guard as a service in the Navy.

   Enacted provision · exact public law section
   (1) by amending chapter 1 to read as follows: “CHAPTER 1— ESTABLISHMENT AND DUTIES “Sec. “1. Establishment of Coast Guard. “2.  Primary duties. “3.  Department in which the Coast Guard operates. “4.  Secretary defined. “§ 1. 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. “§ 2. 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 function as a specialized service in the Navy in time of war, including the fulfillment of Maritime Defense Zone command responsibilities. “§ 3. 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 President. 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. “§ 4. Secretary defined   “In this title, the term ‘Secretary’ means the Secretary of the respective department in which the Coast Guard is operating.” ;

4. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 title I § 103(b) · 132 Stat. 4192

   Changed · 14 U.S.C. § 105

   Pub. L. 115–282 renumbered section 4 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–282 renumbered section 4 of this title as this section.

   Enacted provision · exact public law section
   (b) Redesignations and Transfers.— (1) Requirement.— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended— (A) by redesignating the sections as described in the table; and (B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 1 of such title (as added by subsection (a)), in the order in which the sections are presented in the table. (2) Table.— The table referred to in paragraph (1) is the following: Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation 1Establishment of Coast Guard101 2Primary duties102 3Department in which the Coast Guard operates103 652Removing restrictions104 4Secretary defined105 5Commandant defined106

4 of 5 references resolved to an enrolled provision · 1 partial