§ 632. — Functions and powers vested in the Commandant.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 14USC632]
TITLE 14--COAST GUARD
PART I--REGULAR COAST GUARD
CHAPTER 17--ADMINISTRATION
Sec. 632. Functions and powers vested in the Commandant
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.
(Aug. 4, 1949, ch. 393, 63 Stat. 545.)
Historical and Revision Notes
Based on title 5, U.S.C., 1946 ed., Sec. 41, and on title 14,
U.S.C., 1946 ed. Secs. 22, 58, 91, 99, 103 (R.S. 2749; June 18, 1878,
ch. 265, Secs. 7, 8, 22 Stat. 164; May 4, 1882, ch. 117, Sec. 5, 22
Stat. 57; Mar. 4, 1907, ch. 2918, 34 Stat. 1309; Jan. 28, 1915, ch. 20,
Sec. 1, 38 Stat. 800; Aug. 29, 1916, ch. 417, 39 Stat. 601; June 10,
1921, ch. 18, Sec. 304, 42 Stat. 23; July 3, 1926, ch. 742, Sec. 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., Sec. 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.
