# § 101. Establishment of Coast Guard
January 28, 1915
The Coast Guard, established , shall be a military service and a branch of the armed forces of the United States at all times.
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**Source Credit**: (Aug. 4, 1949, ch. 393, 63 Stat. 496, § 1; Pub. L. 94–546, § 1(1), Oct. 18, 1976, 90 Stat. 2519; Pub. L. 107–296, title XVII, § 1704(a), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–213, title II, § 217(1), Dec. 20, 2012, 126 Stat. 1555; renumbered § 101, Pub. L. 115–282, title I, § 103(b), Dec. 4, 2018, 132 Stat. 4195.)
### Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., § 1 (, ; , §§ 5, 6(a), ).
Said section has been divided. Provisions relating to operation under the Navy in time of war are placed in sections 3 and 4 of this title, and the remainder is in this section.
This section continues the Coast Guard as a military service and branch of the armed forces of the United States at all times. By the act of , (title 14, U.S.C., 1946 ed., § 1), the Coast Guard was constituted a branch of the land and naval forces of the United States at all times. This section therefore merely continues an existing agency and codifies existing law on the military status of the Coast Guard, substituting “armed forces” for “land and naval forces” because of the recent establishment of the Department of the Air Force as an “armed force” rather than as a part of the “land and naval forces”. The Coast Guard is designated a service in the Treasury Department except when operating as a service in the Navy. This is a better definition of the status of the Coast Guard than one which defines it as a service under the Treasury Department in time of peace, because the President is authorized to place the Coast Guard under the Navy in time of emergency, which could be in time of peace.
Changes were made in phraseology. 81st Congress, House Report No. 557.
## Editorial Notes
### Prior Provisions
A prior section 101 was renumbered .
For redesignation of prior sections 1 to 100 not listed below as having been previously repealed or omitted, see Table Showing Redesignations Made by Title I of preceding this section.
A prior section 5, , , which defined the term “Secretary” for purposes of this title, was omitted in the general amendment of this chapter by , , . See .
A prior section 43, , , provided for relative rank of commissioned officers with respect to Army and Navy officers, prior to repeal by , . See , Armed Forces.
A prior section 45, , , related to permanent grade of Commandant on expiration of term, prior to repeal by , , .
Prior sections 48 and 49 were repealed by , , .
Section 48, , , related to permanent grade of that Assistant Commandant and Engineer in Chief on expiration of term.
Section 49, , , related to grade and retired pay upon retirement of Assistant Commandant or Engineer in Chief.
A prior section 50a, added , , , related to appointment and grade of Chief of Staff of the Coast Guard, prior to repeal by , , .
A prior section 55, added , , , related to appointment and functions of District Ombudsman, prior to repeal by , , .
A prior section 82, , ; , ; , , ; , , ; , (5), , ; , , ; , , ; , , ; , , , related to cooperation with Administrator of the Federal Aviation Administration with respect to aids to air navigation, prior to repeal by , , .
A prior section 87, , , related to color and numbering of buoys along coast, or in bays, harbors, sounds, or channels, as indicating whether such buoys were to be passed on the starboard or port hand and prescribed the coloring for buoys in channel ways, prior to repeal by , (7), , .
A prior section 90, , ; , , ; , , , authorized the Coast Guard to operate and maintain floating ocean stations, prior to repeal by , , .
### Amendments
2018— renumbered as this section.
2012— amended section generally. Prior to amendment, text read as follows: “The Coast Guard as established , shall be a military service and a branch of the armed forces of the United States at all times. The Coast Guard shall be a service in the Department of Homeland Security, except when operating as a service in the Navy.”
2002— substituted “Department of Homeland Security” for “Department of Transportation”.
1976— substituted “Department of Transportation” for “Treasury Department”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2002 Amendment
Amendment by effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see , set out as a note under , Armed Forces.
### Short Title of 2021 Amendment
> “This subtitle [subtitle E (§§ 8271–8278) of title LVXXXII [LXXXII] of div. G of
>
> , enacting sections 1905, 2131, and 5111 of this title and
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> , Domestic Security, amending
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> , and enacting provisions set out as a note under
>
> ] may be cited as the ‘Coast Guard Academy Improvement Act’.”
[LXXXII], § 8271, , , provided that:
### Short Title of 2018 Amendment
> “This title [enacting provisions set out as a note under
>
> ] may be cited as the ‘Coast Guard Blue Technology Center of Expertise Act’.”
, , , provided that:
### Short Title of 2014 Amendment
> “This Act [see Tables for classification] may be cited as the ‘Howard Coble Coast Guard and Maritime Transportation Act of 2014’.”
, , , provided that:
### Short Title of 2012 Amendment
> “This Act [see Tables for classification] may be cited as the ‘Coast Guard and Maritime Transportation Act of 2012’.”
, , , provided that:
### Short Title of 2010 Amendment
> “This title [enacting sections 57 to 59, 102, and 200 of this title and
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> , Shipping, amending sections 47, 50, 51, 52, 93, and 290 of this title and
>
> , repealing
>
> , and enacting provisions set out as a note under
>
> ] may be cited as the ‘Coast Guard Modernization Act of 2010’.”
, , , provided that:
### Short Title of 2006 Amendment
> “This Act [see Tables for classification] may be cited as the ‘Coast Guard and Maritime Transportation Act of 2006’.”
, , , provided that:
### Short Title of 2004 Amendment
> “This Act [see Tables for classification] may be referred to as the ‘Coast Guard and Maritime Transportation Act of 2004’.”
, , , provided that:
### Short Title of 2002 Amendment
> “This title [amending sections 259, 260, 271, 336, and 511 of this title, sections 1203, 1231a, 2073, 2302, and 2752 of Title 33, Navigation and Navigable Waters, and sections 2110, 2302, 4508, 7302, 8701, and 13110 of Title 46, Shipping, and enacting provisions set out as notes under sections 88 and 92 of this title and
>
> ] may be cited as the ‘Coast Guard Personnel and Maritime Safety Act of 2002’.”
, , , provided that:
> “This title [see Tables for classification] may be cited as the ‘Omnibus Maritime and Coast Guard Improvements Act of 2002’.”
, , , provided that:
### 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 , as modified, set out as a note under .
Coast Guard transferred to Department of Transportation and all functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other offices and officers of Department of the Treasury transferred to Secretary of Transportation by , , . , however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in . See , Transportation.
### Directions
> **“(1)** a briefing, such briefing shall be accompanied by a narrative description, and at the option of any committee designated as a recipient, be delivered in person;
>
> **“(2)** a policy, such policy shall be detailed, in writing, and publicly available, but may contain a classified annex;
>
> **“(3)** a plan, such plan shall be detailed, and in writing;
>
> **“(4)** a report, such report shall be detailed and in writing; and
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> **“(5)** a strategy, such strategy shall be detailed and in writing.”
, , , provided that:
[For definitions of “Commandant” and “Secretary” as used in , set out above, see , set out as a note under .]
### Designation of Coast Guard Headquarters Building
> **“SECTION 1. DESIGNATION.**
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> “The headquarters building of the Coast Guard on the campus located at 2701 Martin Luther King, Jr., Avenue Southeast in the District of Columbia shall be known and designated as the ‘Douglas A. Munro Coast Guard Headquarters Building’.
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> **“SEC. 2. REFERENCES.**
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> “Any reference in a law, map, regulation, document, paper, or other record of the United States to the building referred to in section 1 shall be deemed to be a reference to the ‘Douglas A. Munro Coast Guard Headquarters Building’.”
, , , provided that: