§ 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 the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) dispose of them;

     [(e) Repealed. Oct. 31, 1951, ch. 654, § 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, §§ 1(32), 2(9), 3(3), 65 Stat. 702, 707, 708; Pub. L. 97–295, § 2(4), Oct. 12, 1982, 96 Stat. 1301; Pub. L. 98–557, § 15(a)(3)(D), Oct. 30, 1984, 98 Stat. 2865.)

     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., § 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., §§ 28, 42 (Aug. 16, 1916, ch. 417, 39 Stat. 601; July 3, 1926, ch. 742, § 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., §§ 29, 93, 94, 98a (R.S. 4245, 4249; May 4, 1882, ch. 117, § 2, 22 Stat. 56; Aug. 29, 1916, ch. 417, 39 Stat. 601; June 6, 1940, ch. 257, § 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., §§ 55, 57, 69, 109, and in part on title 31, U.S.C., 1946 ed., §§ 487, 720, (R.S. 2748, 3618, 3692; June 18, 1878, ch. 265, § 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., § 31b (June 6, 1941, ch. 177, 55 Stat. 247 [which was originally repealed by act June 30, 1949, ch. 288, title VI, § 602(a)(28), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, § 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., § 96 and on title 33, U.S.C., 1946 ed., §§ 729, 730, 731 (Mar. 3, 1875, ch. 130, § 1, 18 Stat. 372; Mar. 4, 1909, ch. 299, 35 Stat. 972; June 17, 1910, ch. 301, § 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., § 732 (Aug. 28, 1916, ch. 414, § 2, 39 Stat. 538; July 11, 1941, ch. 290, § 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., §§ 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. Provisions of that act relating to disposal of government property are classified to chapter 10 (§ 471 et seq.) of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 471 of Title 40, and Tables.

     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, § 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, § 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, § 1(32), repealed subsec. (e) which empowered the Secretary to exchange vessels and parts thereof in part payment for new vessels.

     Pub. L. 104–324, title XI, § 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."

     Pub. L. 101–380, title IV, § 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."

     Pub. L. 101–225, title II, § 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."

     Pub. L. 101–225, title II, § 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."

     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."

     Pub. L. 89–381, § 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.

     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, § 101(l) [title I], Dec. 22, 1987, 101 Stat. 1329–358, 1329–359.

     Pub. L. 99–500, § 101(l) [H.R. 5205, title I], Oct. 18, 1986, 100 Stat. 1783–308, and Pub. L. 99–591, § 101(l), Oct. 30, 1986, 100 Stat. 3341–308.

     Pub. L. 99–190, § 101(e) [title I], Dec. 19, 1985, 99 Stat. 1267, 1269.

     Pub. L. 98–473, title I, § 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, § 1, 60 Stat. 531.

     Pub. L. 88–45, § 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, § 10(a)(9), Nov. 10, 1986, 100 Stat. 3549.