§ 93. — Commandant; 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: 14USC93]
TITLE 14--COAST GUARD
PART I--REGULAR COAST GUARD
CHAPTER 5--FUNCTIONS AND POWERS
Sec. 93. Commandant; general powers
For the purpose of executing the duties and functions of the Coast
Guard the Commandant may:
(a) maintain water, land, and air patrols, and ice-breaking
facilities;
(b) establish and prescribe the purpose of, change the location
of, consolidate, discontinue, re-establish, maintain, operate, and
repair Coast Guard shore establishments;
(c) assign vessels, aircraft, vehicles, aids to navigation,
equipment, appliances, and supplies to Coast Guard districts and
shore establishments, and transfer any of the foregoing from one
district or shore establishment to another;
(d) conduct experiments, investigate, or cause to be
investigated, plans, devices, and inventions relating to the
performance of any Coast Guard function and cooperate and coordinate
such activities with other Government agencies and with private
agencies;
(e) conduct any investigations or studies that may be of
assistance to the Coast Guard in the performance of any of its
powers, duties, or functions;
(f) collect, publish, and distribute information concerning
Coast Guard operations;
(g) conduct or make available to personnel of the Coast Guard
such specialized training and courses of instruction, including
correspondence courses, as may be necessary or desirable for the
good of the service;
(h) design or cause to be designed, cause to be constructed,
accept as gift, or otherwise acquire patrol boats and other small
craft, equip, operate, maintain, supply, and repair such patrol
boats, other small craft, aircraft, and vehicles, 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;
(i) acquire, accept as gift, maintain, repair, and discontinue
aids to navigation, appliances, equipment, and supplies;
(j) equip, operate, maintain, supply, and repair Coast Guard
districts and shore establishments;
[(k) Repealed. Oct. 31, 1951, ch. 654, Sec. 1(33), 65 Stat. 702]
(l) establish, equip, operate, and maintain shops, depots, and
yards for the manufacture and construction of aids to navigation,
equipment, apparatus, vessels, vehicles, and aircraft not normally
or economically obtainable from private contractors, and for the
maintenance and repair of any property used by the Coast Guard;
(m) accept and utilize, in times of emergency in order to save
life or protect property, such voluntary services as may be offered
to the Coast Guard;
(n) rent or lease, under such terms and conditions as are deemed
advisable, for a period not exceeding five years, such real property
under the control of the Coast Guard as may not be required for
immediate use by the Coast Guard, the monies received from any such
rental or lease, less amount of expenses incurred (exclusive of
governmental personal services), to be deposited in the Treasury;
(o) grant, under such terms and conditions as are deemed
advisable, permits, licenses, easements, and rights-of-way over,
across, in, and upon lands under the control of the Coast Guard when
in the public interest and without substantially injuring the
interests of the United States in the property thereby affected;
(p) establish, install, abandon, re-establish, reroute, operate,
maintain, repair, purchase, or lease such telephone and telegraph
lines and cables, together with all facilities, apparatus,
equipment, structures, appurtenances, accessories, and supplies used
or useful in connection with the installation, operation,
maintenance, or repair of such lines and cables, including
telephones in residences leased or owned by the Government of the
United States when appropriate to assure efficient response to
extraordinary operational contingencies of a limited duration, and
acquire such real property rights of way, easements, or attachment
privileges as may be required for the installation, operation, and
maintenance of such lines, cables, and equipment;
(q) establish, install, abandon, reestablish, change the
location of, operate, maintain, and repair radio transmitting and
receiving stations;
(r) provide medical and dental care for personnel entitled
thereto by law or regulation, including care in private facilities;
(s) accept, under terms and conditions the Commandant
establishes, the service of an individual ordered to perform
community service under the order of a Federal, State, or municipal
court,\1\
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\1\ So in original. The comma probably should be a semicolon.
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(t) notwithstanding any other law, enter into cooperative
agreements with States, local governments, non-governmental
organizations, and individuals, to accept and utilize voluntary
services for the maintenance and improvement of natural and historic
resources on, or to benefit natural and historic research on, Coast
Guard facilities, subject to the requirement that--
(1) the cooperative agreements shall each provide for the
parties to contribute funds or services on a matching basis to
defray the costs of such programs, projects, and activities
under the agreement; and
(2) a person providing voluntary services under this
subsection shall not be considered a Federal employee except for
purposes of chapter 81 of title 5, United States Code, with
respect to compensation for work-related injuries, and chapter
171 of title 28, United States Code, with respect to tort
claims;
(u) enter into cooperative agreements with other Government
agencies and the National Academy of Sciences;
(v) require that any member of the Coast Guard or Coast Guard
Reserve (including a cadet or an applicant for appointment or
enlistment to any of the foregoing and any member of a uniformed
service who is assigned to the Coast Guard) request that all
information contained in the National Driver Register pertaining to
the individual, as described in section 30304(a) of title 49, be
made available to the Commandant under section 30305(a) of title 49,
may receive that information, and upon receipt, shall make the
information available to the individual;
(w) provide for the honorary recognition of individuals and
organizations that significantly contribute to Coast Guard programs,
missions, or operations, including State and local governments and
commercial and nonprofit organizations, and pay for, using any
appropriations or funds available to the Coast Guard, plaques,
medals, trophies, badges, and similar items to acknowledge such
contribution (including reasonable expenses of ceremony and
presentation); and
(x) rent or lease, under such terms and conditions as are
considered by the Secretary to be advisable, commercial vehicles to
transport the next of kin of eligible retired Coast Guard military
personnel to attend funeral services of the service member at a
national cemetery.
(Aug. 4, 1949, ch. 393, 63 Stat. 504; Aug. 3, 1950, ch. 536, Sec. 2, 64
Stat. 406; Oct. 31, 1951, ch. 654, Secs. 1(33), 2(10), 4(1), 65 Stat.
702, 707, 709; Pub. L. 94-546, Sec. 1(9), Oct. 18, 1976, 90 Stat. 2519;
Pub. L. 97-136, Sec. 6(d), Dec. 29, 1981, 95 Stat. 1706; Pub. L. 97-276,
Sec. 143, Oct. 2, 1982, 96 Stat. 1199; Pub. L. 97-295, Sec. 2(4), Oct.
12, 1982, 96 Stat. 1301; Pub. L. 97-322, title I, Sec. 115(c), Oct. 15,
1982, 96 Stat. 1586; Pub. L. 102-241, Sec. 7, Dec. 19, 1991, 105 Stat.
2212; Pub. L. 103-206, title II, Sec. 202, title III, Sec. 316, Dec. 20,
1993, 107 Stat. 2420, 2426; Pub. L. 104-324, title II, Sec. 207(a), Oct.
19, 1996, 110 Stat. 3908; Pub. L. 105-383, title II, Secs. 202, 203,
Nov. 13, 1998, 112 Stat. 3414, 3415; Pub. L. 107-217, Sec. 3(c)(2), Aug.
21, 2002, 116 Stat. 1298.)
Historical and Revision Notes
This section grants powers to the Commandant concerning, in general,
operations within the Service and the internal functioning of the
Service. 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 derived from title 14, U.S.C., 1946 ed., Sec. 53,
and title 34, U.S.C., 1946 ed., Sec. 471 (R.S. 1536). The authority to
order vessels to cruise along the coasts should be in the operational
head of the Service, and not in the President. This section is changed
to cover adequately the necessary present day cruising and patrolling.
Subsection (b) is derived from R.S. 4242 and title 14, U.S.C., 1946
ed., Secs. 29, 93, 94, 95, 97, 98a (R.S. 4245, 4249; May 4, 1882, ch.
117, Secs. 2, 3, 22 Stat. 56; Aug. 29, 1916, ch. 417, 39 Stat. 601; Aug.
6, 1947, ch. 502, 61 Stat. 786; June 6, 1940, ch. 257, Sec. 4, 54 Stat.
247), and specifically grants to the Commandant authority in regard to
the establishment, discontinuance, and change of Coast Guard shore
establishments other than Coast Guard districts. This power must exist
inherently in order for the Service to function efficiently.
Subsection (c) is derived from title 14, U.S.C., 1946 ed., Secs. 54,
97, 112 (May 4, 1882, ch. 117, Sec. 3, 22 Stat. 56; May 30, 1908, ch.
231, 35 Stat. 553; Apr. 21, 1910, ch. 182, Sec. 2, 36 Stat. 326), and
specifically grants to the Commandant authority in regard to the
assignment of vessels, vehicles, aids to navigation, and other
equipment. This power is inherent to the proper functioning of any
Service.
Subsection (d) is based on title 14, U.S.C., 1946 ed., Sec. 91 (June
18, 1878, ch. 265, Sec. 7, 20 Stat. 164; June 10, 1921, ch. 18,
Sec. 304, 42 Stat. 24; July 3, 1926, ch. 742, Sec. 9, 44 Stat. 817).
Said section has been divided. The part dealing with investigation of
plans and inventions is covered in this subsection in broader terms, and
the other parts are covered in general terms in section 632 of this
title.
Subsection (e) is based on title 14, U.S.C., 1946 ed., Sec. 111
(June 18, 1878, ch. 265, Sec. 9, 20 Stat. 164). This section has been
rewritten to broaden the authority to include any investigation or study
that may be of assistance to the Coast Guard, the limitation as to
investigation of shipwrecks having been eliminated.
Subsection (f) is new and is intended to give legislative
recognition to the importance of disseminating information by the Coast
Guard for the promotion of safety at sea, life-saving techniques, and
other Coast Guard activities.
Subsection (g) is new and provides for the training of Coast Guard
personnel at other than schools or institutions of the other armed
forces. Such training is essential and has been carried on under the
authority of appropriation acts for many years.
Subsection (h) is based in part on title 14, U.S.C., 1946 ed.,
Secs. 69, 108, 109, (R.S. 2748; June 20, 1874, ch. 344, Sec. 9, 18 Stat.
127; June 18, 1878, ch. 265, Sec. 3, 20 Stat. 163), and is intended to
complement the authority granted to the Secretary in sec. 92(d) of this
title granting similar authority to the Commandant as to smaller craft.
Subsection (i) is based in part on title 14, U.S.C., Secs. 108, 109,
and on title 33, U.S.C., 1946 ed., Sec. 752 (June 20, 1874, ch. 344,
Sec. 9, 18 Stat. 127; June 18, 1878, ch. 265, Sec. 3, 20 Stat. 163; Mar.
4, 1913, ch. 168, 37 Stat. 10183, and grants power to the Commandant to
acquire and dispose of various equipment and supplies. The authority
with respect to the acceptance of such equipment as a gift is new.
Subsection (j) is new and grants power to the Commandant to operate
and maintain shore establishments; previously such authority has been
inferred from statutes providing for the establishment of shore
stations; again such authority is inherent to the functioning of any
Service, and this section will provide no greater authority than has
been exercised in the past.
Subsection (k) is based on 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]). The
primary authority is granted to the Commandant as well as to the
Secretary inasmuch as such exchange seems to be an operational matter
and the items which may be exchanged have been enlarged by the addition
of aids to navigation, appliances, equipment, and supplies.
Inasmuch as the act cited above applies to the Navy as well as the
Coast Guard it is not scheduled for repeal but is being amended by
section 13 of this act to eliminate reference to the Coast Guard.
Subsection (l) is new and is deemed desirable in order to give
legislative authority for existing yards, and for the procurement of
needed equipment and material in case such is not normally or
economically obtainable from private contractors.
Subsection (m) is based on title 14, U.S.C., 1946 ed., Secs. 110,
192 (June 20, 1874, ch. 344, Sec. 6, 18 Stat. 127; June 18, 1878, ch.
265, Sec. 10, 20 Stat. 165; July 3, 1926, ch. 742, Sec. 9, 44 Stat.
817). The power to accept volunteer services is enlarged to include all
services offered in time of emergency, to save life or protect property,
and the restrictive provisions relating to lifeboat stations only have
been eliminated.
Subsection (n) is new and grants authority to the Commandant to
lease real property under the control of the Coast Guard, when not
immediately needed in Coast Guard operations. Such authority will be
advantageous to the Government, on the basis of past experience.
Subsection (o) is new and is supplementary to subsection (n) of this
section. It grants further authority to the Commandant permitting him to
grant minor interests in land which is under control of the Coast Guard.
This will avoid the necessity of special acts of Congress in each of
such instances.
Subsection (p) is new and is necessary to give proper authority for
the maintenance of networks of wires and cables, in some cases over or
along private property or public highways. These networks are in
existence at the present time and are essential for the Service to carry
out its functions.
Subsection (q) is new and is necessary in order to provide clear
authority for the maintenance of radio stations which are essential to
Coast Guard functions.
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. (h), 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. (h). 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.)''.
1998--Subsec. (w). Pub. L. 105-383, Sec. 202, added subsec. (w).
Subsec. (x). Pub. L. 105-383, Sec. 203, added subsec. (x).
1996--Subsec. (v). Pub. L. 104-324 added subsec. (v).
1993--Subsec. (t). Pub. L. 103-206, Sec. 202, added subsec. (t).
Subsec. (u). Pub. L. 103-206, Sec. 316, added subsec. (u).
1991--Subsec. (s). Pub. L. 102-241 added subsec. (s).
1982--Subsec. (h). Pub. L. 97-295 substituted ``(40 U.S.C. 471 et
seq.)'' for ``, as amended,'' after ``Act of 1949''.
Subsec. (r). Pub. L. 97-276 and Pub. L. 97-322 made identical
amendments adding subsec. (r) relating to medical and dental care for
personnel entitled thereto by law or regulation, including care in
private facilities.
1981--Subsec. (p). Pub. L. 97-136, inserted ``including telephones
in residences leased or owned by the Government of the United States
when appropriate to assure efficient response to extraordinary
operational contingencies of a limited duration,'' after ``of such lines
and cables,''.
1976--Subsec. (n). Pub. L. 94-546 substituted ``to be deposited in
the Treasury'' for ``to be covered into the Treasury''.
1951--Subsec. (h). Act Oct. 31, 1951, Sec. 2(10), inserted reference
to applicable regulations of the Federal Property and Administrative
Services Act of 1949, as amended, and struck out the requirement that
net monies received from the disposition of patrol boats, etc., be
covered into the Treasury.
Subsec. (i). Act Oct. 31, 1951, Sec. 4(1), inserted provision
permitting discontinuance of aids to navigation, etc., and struck out
provision permitting discontinuance or other disposition of obsolete,
unsuitable, or unserviceable aids to navigation, etc., and the
requirement that the net monies received from such disposition be
covered into the Treasury.
Subsec. (k). Act Oct. 31, 1951, Sec. 1(33), repealed subsec. (k)
which empowered the Commandant to exchange aircraft, vehicles, and parts
thereof, and obsolete, unsuitable, or unserviceable machines, tools,
aids to navigation, appliances, equipment, and supplies in part payment
for new items of the same or similar character.
1950--Subsec. (o). Act Aug. 3, 1950, struck out ``and'' after the
semicolon.
Subsec. (p). Act Aug. 3, 1950, substituted ``; and'' for the period
at end.
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.
Icebreaking Services
Pub. L. 107-295, title IV, Sec. 429, Nov. 25, 2002, 116 Stat. 2127,
provided that: ``The Commandant of the Coast Guard shall not plan,
implement, or finalize any regulation or take any other action which
would result in the decommissioning of any WYTL-class harbor tugs unless
and until the Commandant certifies in writing to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives that
sufficient replacement capability has been procured by the Coast Guard
to remediate any degradation in current icebreaking services that would
be caused by such decommissioning.''
Fishing Vessel Safety Training
Pub. L. 107-295, title IV, Sec. 430, Nov. 25, 2002, 116 Stat. 2128,
provided that:
``(a) In General.--The Commandant of the Coast Guard may provide
support, with or without reimbursement, to an entity engaged in fishing
vessel safety training, including--
``(1) assistance in developing training curricula;
``(2) use of Coast Guard personnel, including active duty
members, members of the Coast Guard Reserve, and members of the
Coast Guard Auxiliary, as temporary or adjunct instructors;
``(3) sharing of appropriate Coast Guard informational and
safety publications; and
``(4) participation on applicable fishing vessel safety training
advisory panels.
``(b) No Interference With Other Functions.--In providing support
under subsection (a), the Commandant shall ensure that the support does
not interfere with any Coast Guard function or operation.''
Conveyance of Lighthouses; Notification
Pub. L. 105-383, title IV, Sec. 416(d), Nov. 13, 1998, 112 Stat.
3437, provided that: ``Not less than 1 year prior to reporting to the
General Services Administration that a lighthouse or light station
eligible for listing under the National Historic Preservation Act of
1966 (16 U.S.C. 470 et seq.) and under the jurisdiction of the Coast
Guard is excess to the needs of the Coast Guard, the Commandant of the
Coast Guard shall notify the State in which the lighthouse or light
station is located, (including the State Historic Preservation Officer,
if any) the appropriate political subdivision of that State, and any
lighthouse, historic, or maritime preservation organizations in that
State, that such property is excess to the needs of the Coast Guard.''
Small Waterplane Area Twin Hull (SWATH) Technology
Pub. L. 105-383, title IV, Sec. 425(a), Nov. 13, 1998, 112 Stat.
3441, provided that: ``The Commandant of the Coast Guard shall, within
18 months after the date of the enactment of this Act [Nov. 13, 1998],
report to the Senate Committee on Commerce, Science, and Transportation
and the House Committee on Transportation and Infrastructure on the
applicability of Small Waterplane Area Twin Hull (SWATH) technology,
including concepts developed by the United States Office of Naval
Research, to the design of Coast Guard vessels.''
Section Referred to in Other Sections
This section is referred to in title 49 section 30305.
