§ 92. — Secretary; general powers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 14USC92]
TITLE 14--COAST GUARD
PART I--REGULAR COAST GUARD
CHAPTER 5--FUNCTIONS AND POWERS
Sec. 92. Secretary; general powers
For the purpose of executing the duties and functions of the Coast
Guard the Secretary may within the limits of appropriations made
therefor:
(a) establish, change the limits of, consolidate, discontinue,
and re-establish Coast Guard districts;
(b) arrange with the Secretaries of the Army, Navy and Air Force
to assign members of the Coast Guard to any school maintained by the
Army, Navy, and Air Force, for instruction and training, including
aviation schools;
(c) construct, or cause to be constructed, Coast Guard shore
establishments;
(d) design or cause to be designed, cause to be constructed,
accept as gift, or otherwise acquire vessels, and subject to
applicable regulations under subtitle I of title 40 and title III of
the Federal Property and Administrative Services Act of 1949 (41
U.S.C. 251 et seq.) dispose of them;
[(e) Repealed. Oct. 31, 1951, ch. 654, Sec. 1(32), 65 Stat. 702]
(f) acquire land or interests in land, including acceptance of
gifts thereof, where required for the purpose of carrying out any
project or purpose for which an appropriation has been made;
(g) exchange land or interests in land in part or in full
payment for such other land or interests in land as may be necessary
or desirable, the balance of such part payment to be defrayable in
accordance with other provisions of this section;
(h) exercise any of the powers vested by this title in the
Commandant in any case in which the Secretary deems it appropriate;
and
(i) do any and all things necessary to carry out the purposes of
this title.
(Aug. 4, 1949, ch. 393, 63 Stat. 503; Oct. 31, 1951, ch. 654,
Secs. 1(32), 2(9), 3(3), 65 Stat. 702, 707, 708; Pub. L. 97-295,
Sec. 2(4), Oct. 12, 1982, 96 Stat. 1301; Pub. L. 98-557,
Sec. 15(a)(3)(D), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 107-217,
Sec. 3(c)(1), Aug. 21, 2002, 116 Stat. 1298.)
Historical and Revision Notes
This section grants broad general powers concerning policy matters
to the Secretary. Many of the powers are contained in existing law but
some are enlarged and some additional powers are added as explained
following.
Subsection (a) is based on title 14, U.S.C., 1946 ed., Sec. 95 (Aug.
29, 1916, ch. 417, 39 Stat. 601). Said section has been divided. The
provision authorizing the Secretary to man stations seems more
appropriately given to the operational head of the Service, the
Commandant, and for that reason is incorporated in section 93(c) of this
title.
Subsection (b) is based on title 14, U.S.C., 1946 ed., Secs. 28, 42
(Aug. 16, 1916, ch. 417, 39 Stat. 601; July 3, 1926, ch. 742, Sec. 11,
44 Stat. 817). These sections were rewritten in order to broaden
existing authority in regard to the training of Coast Guard personnel at
schools of the other armed forces, thus approaching a practice of war
time, and making for economy in the training of Service personnel; such
training would be on a basis mutually satisfactory to the Secretaries
involved.
Subsection (c) is based on R.S. 4242 and on title 14, U.S.C., 1946
ed., Secs. 29, 93, 94, 98a (R.S. 4245, 4249; May 4, 1882, ch. 117,
Sec. 2, 22 Stat. 56; Aug. 29, 1916, ch. 417, 39 Stat. 601; June 6, 1940,
ch. 257, Sec. 4, 54 Stat. 247; Aug. 6, 1947, ch. 502, 61 Stat. 786).
This subsection broadens existing law in that it provides general
legislative authority for the construction and disposal of shore
establishments of all types including aviation stations.
Subsection (d) is based in part on title 14, U.S.C., 1946 ed.,
Secs. 55, 57, 69, 109, and in part on title 31, U.S.C., 1946 ed.,
Secs. 487, 720, (R.S. 2748, 3618, 3692; June 18, 1878, ch. 265, Sec. 3,
20 Stat. 163; Aug. 29, 1916, ch. 417, 39 Stat. 601). This subsection
broadens existing law in that it provides general legislative authority
for the design, construction, acquisition by other means, and disposal
of vessels.
Subsection (e) is new. It is derived from title 14, U.S.C., 1946
ed., Sec. 31b (June 6, 1941, ch. 177, 55 Stat. 247 [which was originally
repealed by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(28), 63
Stat. 399, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat.
583]) which provides for the exchange of vehicles, planes, and engines;
similar authority in relation to vessels, is granted to the Secretary by
this subsection and should prove advantageous to the Government.
Subsection (f) is based on title 14, U.S.C., 1946 ed., Sec. 96 and
on title 33, U.S.C., 1946 ed., Secs. 729, 730, 731 (Mar. 3, 1875, ch.
130, Sec. 1, 18 Stat. 372; Mar. 4, 1909, ch. 299, 35 Stat. 972; June 17,
1910, ch. 301, Sec. 9, 36 Stat. 538; Mar. 4, 1913, ch. 168, 37 Stat.
1018). This subsection broadens the power of the Secretary to receive as
a gift or purchase sites for stations, to include the acquisition of
land by any means provided it is for the purpose of executing duties and
functions of the Coast Guard.
Subsection (g) is based in part on title 33, U.S.C., 1946 ed.,
Sec. 732 (Aug. 28, 1916, ch. 414, Sec. 2, 39 Stat. 538; July 11, 1941,
ch. 290, Sec. 1, 55 Stat. 584) and grants authority to the Secretary to
exchange interests in land as payment or part payment for other
interests in land for the purpose of executing the duties and functions
of the Coast Guard; this authority, on the basis of past experience,
will prove advantageous to the Government.
Subsection (h) is new and merely insures that the Secretary may
exercise any of the powers granted to the Commandant in this title.
Subsection (i) is based in part on title 14, U.S.C., 1946 ed.,
Secs. 51, 131 (R.S. 2756, 2758) and insures that the Secretary may do
anything necessary to carry out the purposes of this title.
Changes were made in phraseology. 81st Congress, House Report No.
557.
References in Text
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (d), is act June 30, 1949, ch. 288, 63 Stat. 377,
as amended. Title III of the Act is classified generally to subchapter
IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts. For
complete classification of this Act to the Code, see Tables.
Amendments
2002--Subsec. (d). Pub. L. 107-217 inserted ``subtitle I of title 40
and title III of'' before ``the Federal Property and Administrative
Services Act of 1949'' and substituted ``(41 U.S.C. 251 et seq.)'' for
``(40 U.S.C. 471 et seq.)''.
1984--Subsec. (b). Pub. L. 98-557 substituted reference to members
for reference to officers and enlisted men.
1982--Subsec. (d). Pub. L. 97-295 substituted ``(40 U.S.C. 471 et
seq.)'' for ``, as amended,'' after ``Act of 1949''.
1951--Subsec. (c). Act Oct. 31, 1951, Sec. 3(3), struck out
provision relating to sale or other disposition of unsuitable or
unserviceable shore establishments, and disposition of the net monies
received therefrom.
Subsec. (d). Act Oct. 31, 1951, Sec. 2(9), inserted reference to
applicable regulations of the Federal Property and Administrative
Services Act of 1949, as amended, and struck out requirement that net
monies received from the disposition of vessels be covered into the
Treasury.
Subsec. (e). Act Oct. 31, 1951, Sec. 1(32), repealed subsec. (e)
which empowered the Secretary to exchange vessels and parts thereof in
part payment for new vessels.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Great Lakes Lighthouses
Pub. L. 107-295, title III, Sec. 345, Nov. 25, 2002, 116 Stat. 2106,
provided that:
``(a) Findings.--The Congress finds the following:
``(1) The Great Lakes are home to more than 400 lighthouses. One
hundred and twenty of these maritime landmarks are in the State of
Michigan.
``(2) Lighthouses are an important part of Great Lakes culture
and stand as a testament to the importance of shipping in the
region's political, economic, and social history.
``(3) Advances in navigation technology have made many Great
Lakes lighthouses obsolete. In Michigan alone, approximately 70
lighthouses will be designated as excess property of the Federal
Government and will be transferred to the General Services
Administration for disposal.
``(4) Unfortunately, the Federal property disposal process is
confusing, complicated, and not well-suited to disposal of historic
lighthouses or to facilitate transfers to nonprofit organizations.
This is especially troubling because, in many cases, local nonprofit
historical organizations have dedicated tremendous resources to
preserving and maintaining Great Lakes lighthouses.
``(5) If Great Lakes lighthouses disappear, the public will be
unaware of an important chapter in Great Lakes history.
``(6) The National Trust for Historic Preservation has placed
Michigan lighthouses on their list of Most Endangered Historic
Places.
``(b) Assistance for Great Lakes Lighthouse Preservation Efforts.--
The Secretary of the department in which the Coast Guard is operating,
may--
``(1) continue to offer advice and technical assistance to
organizations in the Great Lakes region that are dedicated to
lighthouse stewardship; and
``(2) promptly release information regarding the timing of
designations of Coast Guard lighthouses on the Great Lakes as excess
to the needs of the Coast Guard, to enable those organizations to
mobilize and be prepared to take appropriate action with respect to
the disposal of those properties.''
VHF Communications Services
Pub. L. 107-295, title IV, Sec. 406, Nov. 25, 2002, 116 Stat. 2116,
provided that:
``(a) The Secretary of the department in which the Coast Guard is
operating may authorize a person providing commercial VHF communications
services to place commercial VHF communications equipment on real
property under the administrative control of the Coast Guard (including
towers) subject to any terms agreed to by the parties. The Secretary and
that commercial VHF communications service provider also may enter into
an agreement providing for VHF communications services to the Coast
Guard (including digital selective calling and radio direction finding
services) at a discounted rate or price based on providing such access
to real property under the administrative control of the Coast Guard.
``(b) Commercial VHF communication equipment placed on real property
under the administrative control of the Coast Guard under this section
shall not interfere in any manner with any current or future Coast Guard
communication equipment.
``(c) Nothing in this section shall affect the rights or obligations
of the United States under section 704(c) of the Telecommunications Act
of 1996 [Pub. L. 104-104] (47 U.S.C. 332 note) with respect to the
availability of property or under section 359(d) of the Communications
Act of 1934 (47 U.S.C. 357(d)) with respect to charges for transmission
of distress messages.''
Purchase of American-Made Equipment and Products; Notice to Recipients
of Assistance
Pub. L. 104-324, title XI, Sec. 1127, Oct. 19, 1996, 110 Stat. 3983,
provided that:
``(a) Purchase of American-Made Equipment and Products.--It is the
sense of the Congress that, to the greatest extent practicable, all
equipment and products purchased with funds made available under this
Act [see Tables for classification] should be American-made.
``(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the official responsible for providing the
assistance, to the greatest extent practicable, shall provide to each
recipient of the assistance a notice describing the statement made in
subsection (a) by the Congress.''
Coast Guard Vessel Design
Pub. L. 101-380, title IV, Sec. 4203, Aug. 18, 1990, 104 Stat. 532,
provided that: ``The Secretary shall ensure that vessels designed and
constructed to replace Coast Guard buoy tenders are equipped with oil
skimming systems that are readily available and operable, and that
complement the primary mission of servicing aids to navigation.''
Authorization of Junior Reserve Officers Training Program Pilot Program
Pub. L. 101-225, title II, Sec. 204, Dec. 12, 1989, 103 Stat. 1911,
provided that:
``(a) In General.--The Secretary of the department in which the
Coast Guard is operating (hereinafter in this section referred to as the
`Secretary') may carry out a pilot program to establish and maintain a
junior reserve officers training program in cooperation with the Dade
County Public School System of Dade County, Florida, as part of the
Maritime and Science Technology Academy established by that school
system (hereinafter in this section referred to as the `Academy').
``(b) Program Requirements.--A pilot program carried out by the
Secretary under this section--
``(1) shall be known as the `Claude Pepper Junior Reserve
Officers Training Program', and
``(2) shall provide to students at the Academy--
``(A) instruction in subject areas relating to operations of
the Coast Guard; and
``(B) training in skills which are useful and appropriate
for a career in the Coast Guard.
``(c) Provision of Additional Support.--To carry out a pilot program
under this section, the Secretary may provide to the Academy--
``(1) assistance in course development, instruction, and other
support activities;
``(2) commissioned, warrant, and petty officers of the Coast
Guard to serve as administrators and instructors; and
``(3) necessary and appropriate course materials, equipment, and
uniforms.
``(d) Employment of Retired Coast Guard Personnel.--
``(1) In general.--Subject to paragraph (2) of this subsection,
the Secretary may authorize the Academy to employ as administrators
and instructors for the pilot program retired Coast Guard and Coast
Guard Reserve commissioned, warrant, and petty officers who request
that employment and who are approved by the Secretary and the
Academy.
``(2) Authorized pay.--(A) Retired members employed under
paragraph (1) of this subsection are entitled to receive their
retired or retainer pay and an additional amount of not more than
the difference between--
``(i) the amount the individual would be paid as pay and
allowance if they were considered to have been ordered to active
duty during that period of employment; and
``(ii) the amount of retired pay the individual is entitled
to receive during that period.
``(B) The Secretary shall pay to the Academy an amount equal to
one half of the amount described in subparagraph (A) of this
paragraph, from funds appropriated for that purpose.
``(C) Notwithstanding any other law, while employed under this
subsection, an individual is not considered to be on active duty or
inactive duty training.''
Consideration of Maritime Administration Vessels
Pub. L. 101-225, title II, Sec. 213, Dec. 12, 1989, 103 Stat. 1914,
provided that: ``Before acquiring a vessel for use by the Coast Guard,
the Secretary of Transportation or the Commandant of the Coast Guard, as
appropriate, shall review the inventory of vessels acquired by the
Secretary or the Secretary of Commerce as the result of a default under
title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271-1279c),
to determine whether any of those vessels are suitable for use by the
Coast Guard.''
Lifesaving Equipment on Passenger Ferries
Section 10 of Pub. L. 98-557 provided that: ``The Secretary of the
department in which the Coast Guard is operating shall proceed
vigorously with efforts to develop improved lifesaving equipment for use
on passenger ferries.''
Leasing of Existing Housing for Assignment as Public Quarters to
Military Personnel and Dependents
Pub. L. 89-381, Sec. 2, Mar. 30, 1966, 80 Stat. 97, during fiscal
years 1967 through and including 1968, authorized the Secretary of the
Department in which the Coast Guard was operating to lease existing
housing facilities at or near Coast Guard installations in the United
States and Puerto Rico for assignment as public quarters to military
personnel and their dependents.
Aircraft
Provisions specifying the maximum number of aircraft on hand at any
one time, exclusive of planes and parts stored to meet future attrition,
were contained in the following appropriation acts:
Pub. L. 105-66, title I, Oct. 27, 1997, 111 Stat. 1426.
Pub. L. 104-205, title I, Sept. 30, 1996, 110 Stat. 2953.
Pub. L. 104-50, title I, Nov. 15, 1995, 109 Stat. 438.
Pub. L. 103-331, title I, Sept. 30, 1994, 108 Stat. 2473.
Pub. L. 103-122, title I, Oct. 27, 1993, 107 Stat. 1201.
Pub. L. 102-388, title I, Oct. 6, 1992, 106 Stat. 1523.
Pub. L. 102-143, title I, Oct. 28, 1991, 105 Stat. 920.
Pub. L. 101-516, title I, Nov. 5, 1990, 104 Stat. 2158.
Pub. L. 101-164, title I, Nov. 21, 1989, 103 Stat. 1071.
Pub. L. 100-457, title I, Sept. 30, 1988, 102 Stat. 2126.
Pub. L. 100-202, Sec. 101(l) [title I], Dec. 22, 1987, 101 Stat.
1329-358, 1329-359.
Pub. L. 99-500, Sec. 101(l) [H.R. 5205, title I], Oct. 18, 1986, 100
Stat. 1783-308, and Pub. L. 99-591, Sec. 101(l), Oct. 30, 1986, 100
Stat. 3341-308.
Pub. L. 99-190, Sec. 101(e) [title I], Dec. 19, 1985, 99 Stat. 1267,
1269.
Pub. L. 98-473, title I, Sec. 101(i) [title I], Oct. 12, 1984, 98
Stat. 1944, 1945.
Pub. L. 98-78, title I, Aug. 15, 1983, 97 Stat. 454.
Pub. L. 97-369, title I, Dec. 18, 1982, 96 Stat. 1766.
Pub. L. 97-102, title I, Dec. 23, 1981, 95 Stat. 1443.
Pub. L. 96-400, title I, Oct. 9, 1980, 94 Stat. 1681.
Pub. L. 96-131, title I, Nov. 30, 1979, 93 Stat. 1023.
Pub. L. 95-335, title I, Aug. 4, 1978, 92 Stat. 435.
Pub. L. 95-85, title I, Aug. 2, 1977, 91 Stat. 402.
Pub. L. 94-387, title I, Aug. 14, 1976, 90 Stat. 1172.
Pub. L. 94-134, title I, Nov. 24, 1975, 89 Stat. 696.
Pub. L. 93-391, title I, Aug. 28, 1974, 88 Stat. 769.
Pub. L. 93-98, title I, Aug. 16, 1973, 87 Stat. 330.
Pub. L. 93-398, title I, Aug. 22, 1972, 86 Stat. 581.
Pub. L. 92-74, title I, Aug. 10, 1971, 85 Stat. 202.
Pub. L. 91-168, title I, Dec. 26, 1969, 83 Stat. 454.
Pub. L. 90-464, title I, Aug. 8, 1968, 82 Stat. 654.
Pub. L. 90-112, title II, Oct. 23, 1967, 81 Stat. 312.
Pub. L. 89-474, title I, June 29, 1966, 80 Stat. 223.
Pub. L. 89-57, title I, June 30, 1965, 79 Stat. 197.
Pub. L. 88-392, title I, Aug. 1, 1964, 78 Stat. 369.
Pub. L. 88-39, title I, June 13, 1963, 77 Stat. 59.
Pub. L. 87-575, title I, Aug. 6, 1962, 76 Stat. 311.
Pub. L. 87-159, title I, Aug. 21, 1961, 75 Stat. 395.
Pub. L. 86-561, title I, June 30, 1960, 74 Stat. 285.
Pub. L. 86-39, title I, June 11, 1959, 73 Stat. 67.
Pub. L. 85-354, title I, Mar. 28, 1958, 72 Stat. 62.
Pub. L. 85-37, title I, May 27, 1957, 71 Stat. 37.
Apr. 2, 1956, ch. 161, title I, 70 Stat. 93.
June 1, 1955, ch. 113, title I, 69 Stat. 74.
May 28, 1954, ch. 242, title I, 68 Stat. 146.
June 18, 1953, ch. 132, title I, 67 Stat. 69.
June 30, 1952, ch. 523, title I, 66 Stat. 291.
Aug. 11, 1951, ch. 301, title I, 65 Stat. 185.
Sept. 6, 1950, ch. 896, Ch. IV, title I, 64 Stat. 639.
June 30, 1949, ch. 286, title I, 63 Stat. 367.
June 19, 1948, ch. 558, title I, 62 Stat. 563.
July 1, 1947, ch. 186, title I, 61 Stat. 227.
July 12, 1946, ch. 569, Sec. 1, 60 Stat. 531.
Appropriation Authorization for Construction of Shore or Offshore
Establishments or for Procurement of Vessels or Aircraft
Pub. L. 88-45, Sec. 1, June 21, 1963, 77 Stat. 68, provided that
after fiscal year 1964, funds could not be appropriated to or for the
use of the Coast Guard for the construction of shore or offshore
establishments, or for the procurement of vessels or aircraft, unless
the appropriation of such funds had been authorized by legislation
enacted after Dec. 31, 1963, prior to repeal by Pub. L. 99-640,
Sec. 10(a)(9), Nov. 10, 1986, 100 Stat. 3549.
