1625-0061 Stat/Authority

Page 27

§ 2104

TITLE 46—SHIPPING

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 505; Pub. L.
98–369, div. A, title X, § 1011(a), July 18, 1984, 98
Stat. 1013; Pub. L. 99–509, title V, § 5102(b)(2), Oct.
21, 1986, 100 Stat. 1926; Pub. L. 101–595, title VI,
§ 602(a), Nov. 16, 1990, 104 Stat. 2990; Pub. L.
109–304, §§ 15(3), 16(a), Oct. 6, 2006, 120 Stat. 1702,
1705.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

2102 ..............................................

Section 2103 provides the Secretary with the authority to superintend the merchant marine and those involved personnel insofar as the vessels and personnel
are not subject, under other laws, to the supervision of
another official. The Secretary has the duty to enforce
the laws with respect to vessels and seamen and to
carry out correctly and uniformly these laws and regulations. The term ‘‘superintendence’’ is used to indicate
the Secretary’s broad responsibility for overseeing
maritime safety and seamen’s welfare, including employment, shipping, navigation, and protection of the
marine environment.

46:1452(10)–(14)

Section 2102 contains a number of definitions that are
limited to recreational vessels in Chapter 43 of Part B
and the numbering of these vessels in Chapter 123 of
Part H.
Editorial Notes

Editorial Notes
AMENDMENTS
1986—Pub. L. 99–307 substituted ‘‘subtitle. The Secretary may prescribe regulations to carry out the provisions of this subtitle’’ for ‘‘subtitle and regulations
prescribed under this subtitle’’.

AMENDMENTS
2006—Pub. L. 109–304 redesignated subsec. (b) as entire
section, substituted ‘‘west’’ for ‘‘West’’ and ‘‘east’’ for
‘‘East’’, and struck out subsec. (a) which defined ‘‘eligible State’’, ‘‘State’’, ‘‘United States’’, and ‘‘State recreational boating safety program’’ in chapters 37, 43, 51,
and 123 of this title and part I of this subtitle.
1990—Pub. L. 101–595 designated existing provisions as
subsec. (a) and added subsec. (b).
1986—Pub. L. 99–509 inserted reference to chapters 37
and 51.
1984—Par. (1). Pub. L. 98–369, § 1011(a)(1), struck out
‘‘and facilities improvement’’ after ‘‘recreational boating safety’’.
Par. (3). Pub. L. 98–369, § 1011(a)(2), (3), redesignated
par. (5) as (3) and struck out former par. (3) which defined a State recreational boating facilities improvement program.
Par. (4). Pub. L. 98–369, § 1011(a)(2), struck out par. (4)
which defined State recreational boating safety and facilities improvement program.
Par. (5). Pub. L. 98–369, § 1011(a)(3), redesignated par.
(5) as (3).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–369 effective Oct. 1, 1984, to
apply with respect to fiscal years beginning after Sept.
30, 1984, see section 1013 of Pub. L. 98–369, set out as a
note under section 13101 of this title.

§ 2103. Superintendence of the merchant marine
The Secretary has general superintendence
over the merchant marine of the United States
and of merchant marine personnel insofar as the
enforcement of this subtitle is concerned and insofar as those vessels and personnel are not subject, under other law, to the supervision of another official of the United States Government.
In the interests of marine safety and seamen’s
welfare, the Secretary shall enforce this subtitle
and shall carry out correctly and uniformly administer this subtitle. The Secretary may prescribe regulations to carry out the provisions of
this subtitle.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506; Pub. L.
99–307, § 9, May 19, 1986, 100 Stat. 447.)
HISTORICAL AND REVISION NOTES
Revised section
2103 ..............................................

Source section (U.S. Code)
46:2
46:372
46:689

§ 2104. Delegation
(a) The Secretary may delegate the duties and
powers conferred by this subtitle to any officer,
employee, or member of the Coast Guard, and
may provide for the subdelegation of those duties and powers.
(b) When this subtitle authorizes an officer or
employee of the Customs Service to act in place
of a Coast Guard official, the Secretary may designate that officer or employee subject to the
approval of the Secretary of the Treasury.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506.)
HISTORICAL AND REVISION NOTES
Revised section
2104 ..............................................

Source section (U.S. Code)
46:65v(1)
46:382b
46:416
46:543
46:689

Section 2104 provides the Secretary with authority to
delegate duties and powers to others. It also contains
the authority to designate an officer or employee of the
United States Customs Service to act in the place of a
Coast Guard official.
Statutory Notes and Related Subsidiaries
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.
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the
Department of the Treasury, including functions of the
Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 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. For establishment of U.S. Customs and
Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of
Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L.
114–125, set out as a note under section 211 of Title 6.