§103 — Title 14 Coast Guard | U.S. Code

Summary

The Coast Guard must be part of the Department of Homeland Security unless it is ordered to serve as part of the Navy. When Congress says so in a declaration of war, or when the President orders it, the Coast Guard will operate under the Navy until the President returns it to Homeland Security by Executive order. While serving with the Navy, the Coast Guard follows the Secretary of the Navy, who may change Coast Guard operations to match Navy practices. When the Coast Guard serves in the Navy, Navy funds can cover Coast Guard expenses and Coast Guard funds can be moved to the Navy. Officers of the same rank in both services get seniority by their commission date. Coast Guard personnel can receive the same medals and honors as Navy personnel. The Secretary may put Coast Guard officers on furlough; furloughed officers get one half of the pay they would get on leave, but Coast Guard Reserve officers cannot be furloughed.

Title 14, §103

Coast Guard — Source: USLM XML via OLRC

(a)The Coast Guard shall be a service in the Department of Homeland Security, except when operating as a service in the Navy.

(b)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)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.

Notes & Related Subsidiaries

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

Editorial Notes

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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment 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.

§103 Department in which the Coast Guard operates