rescue facilities for the promotion of safety on and over the high seas and waters subject to the jurisdiction of the United States; shall engage in oceanographic research on the high seas and in waters subject to the jurisdiction of the United States; and shall maintain a state of readiness to function as a specialized service in the Navy in time of war. (As amended Oct. 5, 1961, Public Law 87-396, § 1,

75 Stat. 827.)

Relationship to Navy Department

14 U.S.C. 3

Upon the declaration of war or when the President directs, the Coast Guard shall operate as a service in the Navy, and shall so continue until the President, by executive order, transfers the Coast Guard back to the Treasury Department. While operating as a service in the Navy, the Coast Guard shall be subject to the orders of the Secretary of the Navy who may order changes in Coast Guard operations to render them uniform, to the extent he deems advisable, with Navy operations. (Aug. 4, 1949, c. 393, § 1, 63 Stat. 496.)

"Secretary" defined

14 U.S.C. 5

As used in this title, the term "Secretary" means the Secretary of the respective department in which the Coast Guard is operating. (Aug. 4, 1949, c. 393, § 1, 63 Stat. 497.)

Secretary; general powers

14 U.S.C. 92

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 reestablish Coast Guard districts;

(b) arrange with the Secretaries of the Army, Navy and Air Force to assign officers and enlisted men 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, as amended, dispose of them;

(e) repealed (Oct. 31, 1951, c. 654, § 1(32), 65 Stat. 702);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, c. 393, § 1, 63 Stat. 503; Oct. 31, 1951, c. 654, §§ 1(32), 2(9), 3(3), 65 Stat. 702, 707, 708.)

Treasury Department

14 U.S.C. 143

Commissioned, warrant, and petty officers of the Coast Guard are deemed to be officers of the customs and when so acting shall, insofar as performance of the duties relating to customs laws are concerned, be subject to regulations issued by the Secretary of the Treasury governing officers of the customs. (Aug. 4, 1949, c. 393, § 1, 63 Stat. 506.) Delegation of powers by the Secretary

14 U.S.C. 631

The Secretary of the Treasury is authorized to confer or impose upon the Commandant of the Coast Guard any of the rights, privileges, powers, or duties, in respect to the administration of the Coast Guard, vested in or imposed upon the Secretary of the Treasury by this title or other provisions of law. (Aug. 4, 1949, c. 393, § 1, 63 Stat. 544.) Functions and powers vested in the Commandant

14 U.S.C. 632

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, c. 393, § 1, 63 Stat. 545.)

Regulations

14. U.S.C. 633

In addition to the authority conferred by other provisions of this title the Secretary may promulgate such regulations and orders as he deems appropriate to carry out the provisions of this title or any other law applicable to the Coast Guard. (Aug. 4, 1949, c. 393, § 1, 63 Stat. 545.)

Delegation of Functions

The following Treasury Department Order 167-17 (20 F.R. 4976) was issued by the Acting Secretary of the Treasury under date of June 29, 1955:

By virtue of the authority vested in me by Reorganization Plan No. 26 of 1950, and by 14 U.S.C. 92, 631, and 633, there are transferred to the Commandant, U. S. Coast Guard, the following functions of the Secretary of the Treasury:

1. All functions under 14 U.S.C. 92 (b), 144, 145 (a) (2), 145 (a)(3), 184, 221, 228 (c), 230, 231, 238, 240-242, 301(c), 310-312, 351, 352, 357 (c), 361, 365, 367, 431(b), 431(c), 432(g), 473, 480, 501, 508(a), 638, 826, and 891; Title IV and sections 511 and 513 of the Career Compensation Act of 1949 (37 U.S.C. 271-285, 311, and 313); Title V of the Veterans' Readjustment Assistance Act of 1952 (38 U.S.C. 1011-1016); the act of June 6, 1953 (39 U.S.C. 141-145); and the Dependents' Assistance Act of 1950 (50 U.S.C. 2201-2216).

2. The functions under 14 U.S.C. 226(a), 301(b), and 302(a) of prescribing examinations to establish fitness for appointment; and the functions under 14 U.S.C. 633 of promulgating regulations and orders deemed appropriate to carry out functions delegated to the Commandant by the Secretary.

SUBCHAPTER 1B.-EXCERPTS FROM ADMINISTRATIVE PROCEDURE ACT AND FEDERAL REGISTER ACT

Definitions (Administrative Procedure Act)

5 U.S.C. 1001

As used in this chapter

(a) Agency.-"Agency" means each authority (whether or not within or subject to review by another agency) of the Government of the United States other than Congress, the courts, or the governments of the possessions, Territories, or the District of Columbia. Nothing in this chapter shall be construed to repeal delegations of authority as provided by law. Except as to the requirements of section 1002 of this title there shall be excluded from the operation of this chapter (1) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them, (2) courts martial and military commissions, (3) military or naval authority exercised in the field in time of war or in occupied territory, or (4) functions which by law expire on the termination of present hostilities, within any fixed period thereafter, or before July 1, 1947, and the functions conferred by the following statutes: Selective Training and Service Act of 1940; Housing and Rent Act of 1947, as amended; Contract Settlement Act of 1944; Surplus Property Act of 1944; Sugar Control Extension Act of 1947; and the Veterans' Emergency Housing Act of 1946. (b) Person and party.-"Person" includes individuals, partnerships, corporations, associations, or public or private organizations of any character other than agencies. "Party" includes any person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any agency proceeding; but nothing herein shall be construed to prevent an agency from admitting any person or agency as a party for limited purposes.

(c) Rule and rule making.-"Rule" means the whole or any part of any agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or to describe the organization, procedure, or practice requirements of any agency and includes the approval or prescription for the future of rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances there for or of valuations, costs, or accounting, or practices bearing upon any of the foregoing. "Rule making" means agency process for the formulation, amendment, or repeal of a rule.

(d) Order and adjudication.-"Order" means the whole or any part of the final disposition (whether affirmative, negative, injunctive, or declaratory in form) of any agency in any matter other than rule making but including licensing. "Adjudication" means agency process for the formulation of an order.

(e) License and licensing.-"License" includes the whole or part of any agency permit, certificate, approval, registration, charter, membership, statutory exemption or other form of permission. "Licensing" includes agency process respecting the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation amendment, modification, or conditioning of a license.

(f) Sanction and relief.-"Sanction" includes the whole or part of any agency (1) prohibition, requirement, limitation, or other condition affecting the freedom of any person; (2) withholding of relief; (3) imposition of any form of penalty or fine; (4) destruction, taking, seizure, or withholding of property; (5) assessment of damages, reimbursement, restitution, compensation, costs, charges, or fees; (6) requirement, revocation, or suspension of a license; or (7) taking of other compulsory or restrictive action. "Relief" includes the whole or part of any agency (1) grant of money, assistance, license, authority, exemption, exception, privilege, or remedy; (2) recognition of any claim, right, immunity, privilege, exemption, or exception; or (3) taking of any other action upon the application or petition of, and beneficial to, any person.

(g) Agency proceeding and action.-"Agency proceeding" means any agency process as defined in subsections (c), (d), and (e) of this section. "Agency action" includes the whole or part of every agency rule, order, license, sanction, relief, or the equivalent or denial thereof, or failure to act.

Publication of information

5 U.S.C. 1002

Except to the extent that there is involved (1) any function of the United States requiring secrecy in the public interest or (2) any matter relating solely to the internal management of an agency

(a) Every agency shall separately state and currently publish in the Federal Register (1) descriptions of its central and field organization including delegations by the agency of final authority and the established places at which, and methods whereby, the public may secure information or make submittals or requests; (2) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal or informal procedures available as well as forms and instructions as to the scope and contents of all papers, reports, or examinations; and (3) substantive rules adopted as authorized by law and statements of general policy or interpretations formulated and adopted by the agency for the guidance of the public, but not rules addressed to and served upon named persons in accordance with law. No person shall in any manner be required to resort to organization or procedure not so published.

(b) Every agency shall publish or, in accordance with published rule, make available to public inspection all final opinions or orders in the adjudication of cases (except those required for good cause to be held confidential and not cited as precedents) and all rules.

(c) Save as otherwise required by statute, matters of official record shall in accordance with published rule be made available to persons properly and directly concerned except information held confidential for good cause found.