§ 505. Functions and powers vested in the Commandant

Statutory text

All powers and functions conferred upon the Coast Guard, or the Commandant, by or pursuant to this title or any other law shall, unless otherwise specifically stated, be executed by the Commandant subject to the general supervision of the Secretary. In order to execute the powers and functions vested in him, the Commandant may assign personnel of the Coast Guard to duty in the District of Columbia, elsewhere in the United States, in any territory of the United States, and in any foreign country, but such personnel shall not be assigned to duties in any foreign country without the consent of the government of that country; assign to such personnel such duties and authority as he deems necessary; and issue rules, orders, and instructions, not inconsistent with law, relating to the organization, internal administration, and personnel of the Coast Guard.

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.

1949
Title 14, United States Code, section —
Pub. L. 81–393 · 63 Stat. 495
Enacted · 14 U.S.C. § 505
Aug. 4, 1949, ch. 393, 63 Stat. 545, § 632
Source evidence
Code source credit
Aug. 4, 1949, ch. 393, 63 Stat. 545, § 632
2018
Frank LoBiondo Coast Guard Authorization Act of 2018
Pub. L. 115–282 title I § 105(b) · 132 Stat. 4192
Changed · 14 U.S.C. § 505
Pub. L. 115–282 renumbered section 632 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–282 renumbered section 632 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 5 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 92Secretary; general powers501 631Delegation of powers by the Secretary502 633Regulations503 93Commandant; general powers504 632Functions and powers vested in the Commandant505 520Prospective payment of funds necessary to provide medical care506 153Appointment of judges507 88Saving life and property521 89Law enforcement522 99Enforcement authority523 100Enforcement of coastwise trade laws524 95Special agents of the Coast Guard Investigative Service law enforcement authority525 637Stopping vessels; indemnity for firing at or into vessel526 91Safety of naval vessels527 104Protecting against unmanned aircraft528 81Aids to navigation authorized541 83Unauthorized aids to maritime navigation; penalty542 84Interference with aids to navigation; penalty543 85Aids to maritime navigation; penalty544 86Marking of obstructions545 642Deposit of damage payments546 643Rewards for apprehension of persons interfering with aids to navigation547 87Icebreaking in polar regions561 101Appeals and waivers562 103Notification of certain determinations563

1 of 2 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 5, U.S.C., 1946 ed., § 41, and on title 14, U.S.C., 1946 ed. §§ 22, 58, 91, 99, 103 (R.S. 2749; June 18, 1878, ch. 265, §§ 7, 8, 22 Stat. 164; May 4, 1882, ch. 117, § 5, 22 Stat. 57; Mar. 4, 1907, ch. 2918, 34 Stat. 1309; Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; Aug. 29, 1916, ch. 417, 39 Stat. 601; June 10, 1921, ch. 18, § 304, 42 Stat. 23; July 3, 1926, ch. 742, § 9, 44 Stat. 817).

Said section 91 has been divided. That part dealing with investigation of plans and inventions is covered in section 93(d) of this title. The remainder is covered in general terms. It has been rewritten in broad terms, making clear that the Commandant is granted the necessary authority to administer the Coast Guard under the Secretary, including authority to issue rules, orders, and instructions.

This section is primarily a consolidation of existing functions rather than a codification of existing laws. It does not, for the most part, grant new authority to the Coast Guard as an organization. It merely clarifies the method by which Coast Guard functions shall be administered. Under existing statutes, functions relating to the Coast Guard have been conferred upon the President, the Secretary of the Treasury, and the Commandant, and sometimes upon the Secretary of the Treasury in times of peace and the Secretary of the Navy in times of war. This revision confers some functions directly upon the Coast Guard, and this section provides for the execution of those functions by the Commandant, the military head of the organization, thereby making for consistency and uniformity. The functions are to be executed “subject to the general supervision of the Secretary”. Title 14, U.S.C., 1946 ed., § 91 now grants authority to the Commandant to prescribe regulations; this is changed to the issuance of rules, orders, and instructions as the promulgation of regulations in a military organization is properly a function of the Secretary.

Changes were made in phraseology. 81st Congress, House Report No. 557.

Editorial Notes

Prior Provisions

A prior section 505 was renumbered section 2734 of this title.

Another prior section 505, act Aug. 4, 1949, ch. 393, 63 Stat. 537, related to escorts to the place of burial for the bodies of deceased Coast Guard personnel, prior to repeal by act July 15, 1954, ch. 507, § 14(c)(5), 68 Stat. 481. For provisions relating to recovery, care, and disposition of the remains of deceased personnel of the uniformed services and deceased civilian personnel, see section 1481 of Title 10, Armed Forces.

Amendments

2018—Pub. L. 115–282 renumbered section 632 of this title as this section.

Credits

1949–2018 · 2 acts

1949Aug. 4, 1949, ch. 393, 63 Stat. 545, § 632
2018renumbered § 505, Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200.

Show as published

(Aug. 4, 1949, ch. 393, 63 Stat. 545, § 632; renumbered § 505, Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200.)