[House Report 115-132]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-132
======================================================================
COAST GUARD IMPROVEMENT AND REFORM ACT OF 2017
_______
May 18, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 1726]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 1726) to amend title 14, United
States Code, to improve the organization of such title and to
incorporate certain transfers and modifications into such
title, and for other purposes, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
CONTENTS
Page
Purpose of Legislation.......................................... 2
Background and Need for Legislation............................. 2
Hearings........................................................ 2
Legislative History and Consideration........................... 2
Committee Votes................................................. 2
Committee Oversight Findings.................................... 2
New Budget Authority and Tax Expenditures....................... 3
Congressional Budget Office Cost Estimate....................... 3
Performance Goals and Objectives................................ 4
Advisory of Earmarks............................................ 4
Duplication of Federal Programs................................. 4
Disclosure of Directed Rule Makings............................. 4
Federal Mandate Statement....................................... 4
Preemption Clarification........................................ 4
Advisory Committee Statement.................................... 4
Applicability of Legislative Branch............................. 5
Section-by-Section Analysis of Legislation...................... 5
Changes in Existing Law Made by the Bill, as Reported........... 25
Purpose of Legislation
H.R. 1726, the Coast Guard Improvement and Reform Act of
2017, reorganizes and modernizes portions of title 14, United
States Code, pertaining to the operation and administration of
the United States Coast Guard (Coast Guard).
Background and Need for Legislation
Title 14 was codified in 1949 and has not been re-codified
in the intervening 68 year period. H.R. 1726 better organizes
title 14 by transferring and renumbering existing provisions,
co-locating similar authorities, and creating more space in the
title to accommodate future amendments and additions. Title I
of the bill reorganizes the title, but makes no substantive
change to law. Title II amends the title to create uniformity,
better organize the Coast Guard's authorities, clarify Coast
Guard authority when operating as a special service in the
Navy, and repeal an obsolete personnel policy.
Hearings
The bill was not subject to a hearing by the Subcommittee
on Coast Guard and Maritime Transportation principally because
the legislation does not make any substantive policy changes to
the underlying law. Subcommittee staff did develop the bill in
close consultation with the House Office of the Legislative
Counsel, the Office of the Law Revision Counsel, and with the
Office of the Parliamentarian. Subcommittee staff also
consulted extensively with the Coast Guard Legislative Counsel.
Legislative History and Consideration
On March 27, 2017, H.R. 1726 was introduced by Congressman
Duncan Hunter (R-CA) and cosponsored by Congressman John
Garamendi (D-CA).
On March 29, 2017, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 1726 and
ordered the bill reported favorably to the House by voice vote
with a quorum present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no recorded votes taken in connection
with consideration of H.R. 1726. A motion to order H.R. 1726
reported favorably to the House was agreed to by voice vote
with a quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 1726 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 26, 2017.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1726, the Coast
Guard Improvement and Reform Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Keith Hall.
Enclosure.
H.R. 1726--Coast Guard Improvement and Reform Act of 2017
H.R. 1726 would reorganize, but not substantively alter,
provisions of law that govern the authority of the U.S. Coast
Guard. The bill would clarify the duties and defense-related
responsibilities of that agency and establish a uniform
administrative framework for its advisory committees.
Based on an analysis of information from the Coast Guard,
CBO estimates that enacting H.R. 1726 would have no significant
effect on the federal budget. According to the agency, the bill
would not impose any new requirements or duties; as a result,
CBO expects that any changes in the agency's annual costs--
which would be subject to appropriation--would be negligible.
Enacting H.R. 1726 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 1726 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
H.R. 1726 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
reorganize and modernize title 14 of the United States Code.
Advisory of Earmarks
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill includes an earmark, limited tax benefit,
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of
rule XXI.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 1726 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Disclosure of Directed Rule Makings
Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017),
the Committee finds that enacting H.R. 1726 does not direct the
completion of a specific rule making within the meaning of
section 551 of title 5, United States Code.
Federal Mandate Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 1726 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No new advisory committees within the meaning of section
5(b) of the Federal Advisory Committee Act are created by this
legislation. Title II of the legislation moves existing
advisory committees from title 46, United States Code, into
title 14, United States Code, as a unified new chapter.
Applicability of Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of Legislation
Section 1. Short Title; Table of Contents
(a) Short Title.--``Coast Guard Improvement and Reform Act
of 2017''.
(b) Table of Contents.
TITLE I--REORGANIZATION OF TITLE 14, UNITED STATES CODE
Section 101. Initial Matter
This section amends title 14 by striking the title
designation, the title heading, and the table of parts and
inserting new subtitle designations.
Section 102. Subtitle I
This section amends Part I of title 14, United States Code,
by striking the part designation, the part heading, and the
table of chapters and replacing it with a new subtitle I.
Section 103. Chapter 1
This section amends Chapter 1 of title 14, United States
Code, by striking the chapter designation, the chapter heading,
and the table of sections and replacing it with the following:
CHAPTER 1--ESTABLISHMENT AND DUTIES
Section 101. Establishment of the Coast Guard. (Section 101
was previously section 1.)
Section 102. Primary Duties. (Section 102 was previously
section 2.)
Section 103. Department in which the Coast Guard operates.
(Section 103 was previously section 3.)
Section 104. Removing restrictions. (Section 104 was
previously section 652.)
Section 105. Secretary defined. (Section 105 was previously
section 4.)
Section 104. Chapter 3
This section amends Chapter 3 of title 14, United States
Code, by striking the chapter designation, the chapter heading,
and the table of sections and replacing it with the following:
CHAPTER 3--COMPOSITION AND ORGANIZATION
Section 301. Grades and rating. (Section 301 was previously
section 41.)
Section 302. Commandant; appointment. (Section 302 was
previously section 44.)
Section 303. Retirement of Commandant. (Section 303 was
previously section 46.)
Section 304. Vice Commandant; appointment. (Section 304 was
previously section 47.)
Section 305. Vice admirals. (Section 305 was previously
section 50.)
Section 306. Retirement. (Section 306 was previously
section 51.)
Section 307. Vice admirals and admiral, continuity of
grade. (Section 307 was previously section 52.)
Section 308. Chief Acquisition Officer. (Section 308 was
previously section 56.)
Section 309. Office of the Coast Guard Reserve; Director.
(Section 309 was previously section 53.)
Section 310. Chief of Staff to President: appointment.
(Section 310 was previously section 54.)
Section 311. Captains of the port. (Section 311 was
previously subsection (a) of section 634.)
Section 312. Prevention and response workforces. (Section
312 was previously section 57.)
Section 313. Centers of expertise for Coast Guard
prevention and response. (Section 313 was previously section
58.)
Section 314. Marine industry training program. (Section 314
was previously section 59.)
Section 315. Training course on workings of Congress.
(Section 315 was previously section 60.)
Section 316. National Coast Guard Museum. (Section 316 was
previously section 98.)
Section 317. United States Coast Guard Band; composition;
director. (Section 314 was previously section 336.)
Section 318. Environmental Compliance and Restoration
Program. (Section 318 was previously sections 690-693.)
Section 104 also includes conforming repeals of sections
634, 690, 691, 692, and 693 which were moved into sections 311
and 318.
Section 105. Chapter 5
This section amends Chapter 5 of title 14, United States
Code, by striking the chapter designation, the chapter heading,
and the table of sections and replacing it with the following:
CHAPTER 5--FUNCTIONS AND POWERS
SUBCHAPTER I--GENERAL POWERS (NEW SUBCHAPTER)
Section 501. Secretary; general powers. (Section 501 was
previously section 92.)
Section 502. Delegation of powers by the Secretary.
(Section 502 was previously section 631.)
Section 503. Regulations. (Section 503 was previously
section 633)
Section 504. Commandant; general powers. (Section 504 was
previously section 93.)
Section 505. Functions and powers vested in the Commandant.
(Section 505 was previously section 632.)
Section 506. Prospective payment of funds necessary to
provide medical care. (Section 506 was previously section 520.)
SUBCHAPTER II--LIFE SAVING AND LAW ENFORCEMENT AUTHORITIES (NEW
SUBCHAPTER)
Section 521. Saving life and property. (Section 521 was
previously section 88.)
Section 522. Law enforcement. (Section 522 was previously
section 89.)
Section 523. Enforcement authority. (Section 523 was
previously section 99.)
Section 524. Enforcement of coastwise trade laws. (Section
524 was previously section 100.)
Section 525. Special agents of the Coast Guard
Investigative Service law enforcement authority. (Section 525
was previously section 95.)
Section 526. Stopping vessels; indemnity for firing at or
into vessel. (Section 526 was previously section 637.)
Section 527. Safety of naval vessels. (Section 527 was
previously section 91.)
SUBCHAPTER III--AIDS TO NAVIGATION (NEW SUBCHAPTER)
Section 541. Aids to navigation authorized. (Section 541
was previously section 81.)
Section 542. Unauthorized aids to maritime navigation;
penalty. (Section 542 was previously section 83.)
Section 543. Interference with aids to navigation; penalty.
(Section 543 was previously section 84.)
Section 544. Aids to maritime navigation; penalty. (Section
544 was previously section 85.)
Section 545. Marking of obstructions. (Section 545 was
previously section 86.)
Section 546. Deposit of damage payments. (Section 546 was
previously section 642.)
Section 547. Rewards for apprehension of persons
interfering with aids to navigation. (Section 547 was
previously section 643.)
SUBCHAPTER IV--MISCELLANEOUS (NEW SUBCHAPTER)
Section 561. Icebreaking in polar regions. (Section 561 was
previously section 87.)
Section 562. Appeals and waivers. (Section 562 was
previously section 101.)
Section 563. Notification of certain determinations.
(Section 563 was previously section 103.)
Section 106. Chapter 7.
This section amends Chapter 7 of title 14, United States
Code, by striking the chapter designation, the chapter heading,
and the table of sections and replacing it with the following:
CHAPTER 7--COOPERATION (TITLE AMENDED TO DROP ``WITH OTHER AGENCIES'')
Section 701. Cooperation with other agencies, States,
territories, and political subdivisions. (Section 701 was
previously section 141.)
Section 702. State Department. (Section 702 was previously
section 142.)
Section 703. Treasury Department. (Section 703 was
previously section 143.)
Section 704. Department of the Army and Department of the
Air Force. (Section 704 was previously section 144.)
Section 705. Navy Department. (Section 705 was previously
section 145.)
Section 706. United States Postal Service. (Section 706 was
previously section 146.)
Section 707. Department of Commerce. (Section 707 was
previously section 147.)
Section 708. Department of Health and Human Services.
(Section 708 was previously section 147(a).)
Section 709. Maritime instruction. (Section 709 was
previously section 148.)
Section 710. Assistance to foreign governments and maritime
authorities. (Section 710 was previously section 149.)
Section 711. Coast Guard officers as attaches to missions.
(Section 711 was previously section 150.)
Section 712. Contracts with Government-owned establishments
for work and material. (Section 712 was previously section
151.)
Section 713. Nonappropriated fund instrumentalities:
contracts with other agencies and instrumentalities to provide
or obtain goods and services. (Section 713 was previously
section 152.)
Section 714. Appointment of judges. (Section 714 was
previously section 153.)
Section 715. Arctic maritime domain awareness. (Section 715
was previously section 154.)
Section 716. Oceanographic research. (Section 716 was
previously section 94.)
Section 717. Arctic maritime transportation. (Section 717
was previously section 90.)
Section 718. Agreements. (Section 718 was previously
section 102.)
Section 107. Chapter 9
This section amends Chapter 9 of title 14, United States
Code, by striking the chapter designation, the chapter heading,
and the table of sections and replacing it with the following:
CHAPTER 9--ADMINISTRATION (PREVIOUSLY CHAPTER 17)
SUBCHAPTER I--REAL AND PERSONAL PROPERTY (NEW SUBCHAPTER)
Section 901. Disposal of certain material. (Section 901 was
previously section 641.)
Section 902. Employment of draftsmen and engineers.
(Section 902 was previously section 653.)
Section 903. Use of certain appropriated funds. (Section
903 was previously section 656.)
Section 904. Local hire. (Section 904 was previously
section 666.)
Section 905. Procurement authority for family housing.
(Section 905 was previously section 670.)
Section 906. Air Station Cape Cod improvements. (Section
906 was previously section 671.)
Section 907. Long-term lease of special purpose facilities.
(Section 907 was previously section 672.)
Section 908. Long-term lease authority for lighthouse
property. (Section 908 was previously section 672a.)
Section 909. Small boat station rescue capability. (Section
909 was previously section 674.)
Section 910. Small boat station closures. (Section 910 was
previously section 675.)
Section 911. Search and rescue center standards. (Section
911 was previously section 676.)
Section 912. Air facility closures. (Section 912 was
previously section 676a.)
Section 913. Turnkey selection procedures. (Section 913 was
previously section 677.)
Section 914. Disposition of infrastructure related to E-
LORAN. (Section 914 was previously section 681 of chapter 17.)
SUBCHAPTER II--MISCELLANEOUS (NEW SUBCHAPTER)
Section 931. Oath required for boards. (Section 931 was
previously section 635.)
Section 932. Administration of oaths. (Section 932 was
previously section 636.)
Section 933. Coast Guard ensigns and pennants. (Section 933
was previously section 638.)
Section 934. Penalty for unauthorized use of words ``Coast
Guard''. (Section 934 was previously section 639.)
Section 935. Coast Guard band recordings for commercial
sale. (Section 935 was previously section 640.)
Section 936. Confidentiality of medical quality assurance
records; qualified immunity for participants. (Section 936 was
previously section 645.)
Section 937. Admiralty claims against the United States.
(Section 937 was previously section 646.)
Section 938. Claims for damage to property of the United
States. (Section 938 was previously section 647.)
Section 939. Accounting for industrial work. (Section 939
was previously section 648.)
Section 940. Supplies and equipment from stock. (Section
940 was previously section 649.)
Section 941. Coast Guard Supply Fund. (Section 941 was
previously section 650.)
Section 942. Public and commercial vessels and other
watercraft; sale of fuel, supplies, and services. (Section 942
was previously section 654.)
Section 943. Arms and ammunition; immunity from taxation.
(Section 943 was previously section 655.)
Section 944. Confidential investigative expenses. (Section
944 was previously section 658.)
Section 945. Assistance to film producers. (Section 945 was
previously section 659.)
Section 946. User fees. (Section 946 was previously section
664.)
Section 947. Vessel construction bonding requirements.
(Section 947 was previously section 667.)
Section 948. Contracts for medical care for retirees,
dependents, and survivors: alternative delivery of health care.
(Section 948 was previously section 668.)
Section 949. Telephone installation and charges. (Section
949 was previously section 669.)
Section 950. Designation, powers, and accountability of
deputy disbursing officials. (Section 950 was previously
section 673.)
Section 951. Aircraft accident investigations. (Section 951
was previously section 678.)
Section 108. Chapter 11
This section amends Chapter 11 of title 14, United States
Code, by striking the chapter designation, the chapter heading,
and the table of sections and replacing it with the following:
CHAPTER 11--ACQUISITIONS (PREVIOUSLY CHAPTER 15)
SUBCHAPTER I--GENERAL PROVISIONS
Section 1101. Acquisition directorate. (Section 1101 was
previously section 561.)
Section 1102. Improvements in Coast Guard acquisition
management. (Section 1102 was previously section 562.)
Section 1103. Role of Vice Commandant in major acquisition
programs. (Section 1103 was section 578.)
Section 1104. Recognition of Coast Guard personnel for
excellence in acquisition. (Section 1104 was previously section
563.)
Section 1105. Prohibition on use of lead systems
integrators. (Section 1105 was previously section 564.)
Section 1106. Required contract terms. (Section 1106 was
previously section 565.)
Section 1107. Extension of major acquisition program
contracts. (Section 1107 was previously section 579.)
Section 1108. Department of Defense consultation. (Section
1108 was previously section 566.)
Section 1109. Undefinitized contractual actions. (Section
1109 was previously section 567.)
Section 1110. Guidance on excessive pass-through charges.
(Section 1110 was previously section 568.)
Section 1111. Mission need statement. (Section 1111 was
previously section 569.)
SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES
Section 1131. Identification of major system acquisitions.
(Section 1131 was previously section 571.)
Section 1132. Acquisition. (Section 1132 was previously
section 572.)
Section 1133. Preliminary development and demonstration.
(Section 1133 was previously section 573.)
Section 1134. Acquisition, production, deployment, and
support. (Section 1134 was previously section 574.)
Section 1135. Acquisition program baseline breach. (Section
1135 was previously section 575.)
Section 1136. Acquisition approval authority. (Section 1136
was previously section 576.)
SUBCHAPTER III--PROCUREMENT (NEW SUBCHAPTER)
Section 1151. Restriction on construction of vessels in
foreign shipyards. (Section 1151 was previously section 665.)
Section 1152. Advance procurement funding. (Section 1152
was previously section 577.)
Section 1153. Prohibition on overhaul, repair, and
maintenance of Coast Guard vessels in foreign shipyards.
(Section 1153 was previously section 96.)
Section 1154. Procurement of buoy chain. (Section 1154 was
previously section 97.)
SUBCHAPTER IV--DEFINITIONS (PREVIOUSLY SUBCHAPTER III)
Section 1171. Definitions. (Section 1171 was previously
section 581.)
Section 109. Subtitle II.
This section further amends title 14, United States Code,
by adding after chapter 11 a Subtitle II and a table of
contents.
This section reserves Chapters 13, 14, 15, 17, and 18 in
Subtitle II.
Section 110. Chapter 19.
This section amends Chapter 19 of title 14, United States
Code, by striking the chapter designation, the chapter heading,
and the table of sections at the beginning and inserting the
following:
SUBTITLE II--PERSONNEL
CHAPTER 19--COAST GUARD ACADEMY (PREVIOUSLY CHAPTER 9)
SUBCHAPTER I--ADMINISTRATION (NEW SUBCHAPTER)
Section 1901. Administration of Academy. (Section 1901 was
previously section 181.)
Section 1902. Policy on sexual harassment and sexual
violence. (Section 1902 was previously section 200.)
Section 1903. Annual Board of Visitors. (Section 1903 was
previously section 194.)
Section 1904. Participation in Federal, State, or other
educational research grants. (Section 1904 was previously
section 196.)
SUBCHAPTER II--CADETS (NEW SUBCHAPTER)
Section 1921. Corps of Cadets Authorized Strength. (Section
1921 was previously part of section 182(a).)
Section 1922. Appointments. (Section 1922 was previously
part of section 182(a).)
Section 1923. Admission of foreign nationals for
instruction; restrictions; conditions. (Section 1923 was
previously section 195.)
Section 1924. Conduct. (Section 1924 was previously part of
section 182(a).)
Section 1925. Agreement. (Section 1925 was previously part
of section 182(b) through (g).)
Section 1926. Cadet applicants; preappointment travel to
Academy. (Section 1926 was previously section 181a.)
Section 1927. Cadets; initial clothing allowance. (Section
1927 was previously section 183.)
Section 1928. Cadets; degree of bachelor of science.
(Section 1928 was previously section 184.)
Section 1929. Cadets; appointment as ensign. (Section 1929
was previously section 185.)
Section 1930. Cadets; charges and fees for attendance;
limitations. (Section 1930 was previously section 197.)
SUBCHAPTER III--FACULTY (NEW SUBCHAPTER)
Section 1941. Civilian teaching staff. (Section 1941 was
previously section 186.)
Section 1942. Permanent commissioned teaching staff;
composition. (Section 1942 was previously section 187.)
Section 1943. Appointment of permanent commissioned
teaching staff. (Section 1943 was previously section 188.)
Section 1944. Grade of permanent commissioned teaching
staff. (Section 1944 was previously section 189.)
Section 1945. Retirement of permanent commissioned teaching
staff. (Section 1945 was previously section 190.)
Section 1946. Credit for service as member of civilian
teaching staff. (Section 1946 was previously section 191.)
Section 1947. Assignment of personnel as instructors.
(Section 1947 was previously section 192.)
Section 1948. Marine safety curriculum. (Section 1948 was
previously section 199.)
Section 110 also includes a conforming repeal of section
182.
Section 111. Part II.
This section amends Part II provisions by striking the part
designation, the part heading, and the table of chapters.
Section 112. Chapter 21.
This section amends Chapter 21 of title 14, United States
Code, by striking the chapter designation, the chapter heading,
and the table of sections and replacing it with the following:
CHAPTER 21--PERSONNEL; OFFICERS (NEW CHAPTER)
SUBCHAPTER I--APPOINTMENT AND PROMOTION (NEW SUBCHAPTER)
Section 2101. Original appointment of permanent
commissioned officers. (Section 2101 was previously section
211.)
Section 2102. Active duty promotion list. (Section 2102 was
previously section 41a.)
Section 2103. Number and distribution of commissioned
officers on active duty promotion list. (Section 2103 was
previously section 42.)
Section 2104. Appointment of temporary officers. (Section
2104 was previously section 214.)
Section 2105. Rank of warrant officers. (Section 2105 was
previously section 215.)
Section 2106. Selection boards; convening of boards.
(Section 2106 was previously section 251.)
Section 2107. Selection boards; composition of boards.
(Section 2107 was previously section 252.)
Section 2108. Selection boards; notice of convening;
communication with board. (Section 2108 was previously section
253.)
Section 2109. Selection boards; oath of members. (Section
2109 was previously section 254.)
Section 2110. Number of officers to be selected for
promotion. (Section 2110 was previously section 255.)
Section 2111. Promotion zones. (Section 2111 was previously
section 256.)
Section 2112. Promotion year; defined. (Section 2112 was
previously section 256a.)
Section 2113. Eligibility of officers for consideration for
promotion. (Section 2113 was previously section 257.)
Section 2114. Deputy United States Marshals in Alaska.
(Section 2114 was previously subsection (b) of section 634.)
Section 2115. Selection boards; information to be furnished
boards. (Section 2115 was previously section 258.)
Section 2116. Officers to be recommended for promotion.
(Section 2116 was previously section 259.)
Section 2117. Selection boards; reports. (Section 2117 was
previously section 260.)
Section 2118. Selection boards; submission of reports.
(Section 2118 was previously section 261.)
Section 2119. Failure of selection for promotion. (Section
2119 was previously section 262.)
Section 2120. Special selection boards; correction of
errors. (Section 2120 was previously section 263.)
Section 2121. Promotions; appointments. (Section 2121 was
previously section 271.)
Section 2122. Removal of officer from list of selectees for
promotion. (Section 2122 was previously section 272.)
Section 2123. Promotions; acceptance; oath of office.
(Section 2123 was previously section 273.)
Section 2124. Promotions; pay and allowances. (Section 2124
was previously section 274.)
Section 2125. Wartime temporary service promotions.
(Section 2125 was previously section 275.)
Section 2126. Promotion of officers not included on active
duty promotion list. (Section 2126 was previously section 276.)
Section 2127. Recall to active duty during war or national
emergency. (Section 2127 was previously section 331.)
Section 2128. Recall to active duty with consent of offer.
(Section 2128 was previously section 332.)
Section 2129. Aviation cadets; appointment as Reserve
officers. (Section 2129 was previously section 373.)
SUBCHAPTER II--DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS;
SEPARATION FOR CAUSE (NEW SUBCHAPTER)
Section 2141. Revocation of commissions during first five
years of commissioned service. (Section 2141 was previously
section 281.)
Section 2142. Regular lieutenants (junior grade);
separation for failure of selection for promotion. (Section
2142 was previously section 282.)
Section 2143. Regular lieutenants; separation for failure
of selection for promotion; continuation. (Section 2143 was
previously section 283.)
Section 2144. Regular Coast Guard; officers serving under
temporary appointments. (Section 2144 was previously section
284.)
Section 2145. Regular lieutenant commanders and commanders;
retirement for failure of selection for promotion. (Section
2145 was previously section 285.)
Section 2146. Discharge in lieu of retirement; separation
pay. (Section 2146 was previously section 286.)
Section 2147. Regular warrant officers; separation pay.
(Section 2147 was previously section 286a.)
Section 2148. Separation for failure of selection for
promotion or continuation; time of. (Section 2148 was
previously section 287.)
Section 2149. Regular captains; retirement. (Section 2149
was previously section 288.)
Section 2150. Captains; continuation on active duty;
involuntary retirement. (Section 2150 was previously section
289.)
Section 2151. Rear admirals and rear admirals (lower half);
continuation on active duty; involuntary retirement. (Section
2151 was previously section 290.)
Section 2152. Voluntary retirement after twenty years'
service. (Section 2152 was previous section 291.)
Section 2153. Voluntary retirement after thirty years'
service. (Section 2153 was previously section 292.)
Section 2154. Compulsory retirement. (Section 2154 was
previously section 293.)
Section 2155. Retirement for physical disability after
selection for promotion; grade in which retired. (Section 2155
was previously section 294.)
Section 2156. Deferment of retirement or separation for
medical reasons. (Section 2156 was previously section 295.)
Section 2157. Flag officers. (Section 2157 was previously
section 296.)
Section 2158. Review of records of officers. (Section 2158
was previously section 321.)
Section 2159. Boards of inquiry. (Section 2159 was
previously section 322.)
Section 2160. Boards of review. (Section 2160 was
previously section 323.)
Section 2161. Composition of boards. (Section 2161 was
previously section 324.)
Section 2162. Rights and procedures. (Section 2162 was
previously section 325.)
Section 2163. Removal of officer from active duty; action
by Secretary. (Section 2163 was previously section 326.)
Section 2164. Officers considered for removal; retirement
or discharge; separation benefits. (Section 2164 was previously
section 327.)
Section 2165. Relief of retired officer promoted while on
active duty. (Section 2165 was previously section 333.)
SUBCHAPTER III--GENERAL PROVISIONS (NEW SUBCHAPTER)
Section 2181. Physical fitness of officers. (Section 2181
was previously section 335.)
Section 2182. Multirater assessment of certain personnel.
(Section 2182 was previously section 429.)
Section 113. Chapter 23
This section amends Chapter 23 of title 14, United States
Code, by striking the chapter designation, the chapter heading,
and the table of sections and replacing it with the following:
CHAPTER 23--PERSONNEL; ENLISTED (NEW SUBCHAPTER)
Section 2301. Recruiting Campaigns. (Section 2301 was
previously section 350.)
Section 2302. Enlistments; term, grade. (Section 2302 was
previously section 351.)
Section 2303. Promotion. (Section 2303 was previously
section 352.)
Section 2304. Compulsory retirement at age of sixty-two.
(Section 2304 was previously section 353.)
Section 2305. Voluntary retirement after thirty years'
service. (Section 2305 was previously section 354.)
Section 2306. Voluntary retirement after twenty years'
service. (Section 2306 was previously section 355.)
Section 2307. Retirement of enlisted members: increase in
retired pay. (Section 2307 was previously section 357.)
Section 2308. Recall to active duty during war or national
emergency. (Section 2308 was previously section 359.)
Section 2309. Recall to active duty with consent of member.
(Section 2309 was previously section 360.)
Section 2310. Relief of retired enlisted member promoted
while on active duty. (Section 2310 was previously section
361.)
Section 2311. Retirement in cases where higher grade or
rating has been held. (Section 2311 was previously section
362.)
Section 2312. Extension of enlistments. (Section 2312 was
previously section 365.)
Section 2313. Retention beyond term of enlistment in case
of disability. (Section 2313 was previously section 366.)
Section 2314. Detention beyond term of enlistment. (Section
2314 was previously section 367.)
Section 2315. Inclusion of certain conditions in enlistment
contract. (Section 2315 was previously section 369.)
Section 2316. Discharge within three months before
expiration of enlistment. (Section 2316 was previously section
370.)
Section 2317. Aviation cadets; procurement; transfer.
(Section 2317 was previously section 371.)
Section 2318. Aviation cadets; benefits. (Section 2318 was
previously section 372.)
Section 2319. Critical skill training bonus. (Section 2319
was previously section 374.)
Section 114. Chapter 25
This section amends Chapter 25 of title 14, United States
Code, by striking the chapter designation, the chapter heading,
and the table of sections and replacing it with the following:
CHAPTER 25--PERSONNEL; GENERAL PROVISIONS (NEW CHAPTER)
SUBCHAPTER I--GENERAL PROVISIONS (NEW SUBCHAPTER)
Section 2501. Grade on retirement. (Section 2501 was
previously section 334.)
Section 2502. Retirement. (Section 2502 was previously
section 421.)
Section 2503. Status of recalled personnel. (Section 2503
was previously section 422.)
Section 2504. Computation of retired pay. (Section 2504 was
previously section 423.)
Section 2505. Limitations on retirement and retired pay.
(Section 2505 was previously section 424.)
Section 2506. Suspension of payment of retired pay of
members who are absent from the United States to avoid
prosecution. (Section 2506 was previously section 424a.)
Section 2507. Board for Correction of Military Records
deadline. (Section 2507 was previously 425.)
Section 2508. Emergency leave retention authority. (Section
2508 was previously section 426.)
Section 2509. Prohibition of certain involuntary
administrative separations. (Section 2509 was previously
section 427.)
Section 2510. Sea service letters. (Section 2510 was
previously section 428.)
Section 2511. Investigations of flag officers and Senior
Executive Service employees. (Section 2511 was previously
section 430.)
Section 2512. Leave policies for the Coast Guard. (Section
2512 was previously section 431.)
Section 2513.Computation of length of service. (Section
2513 was previously section 467.)
SUBCHAPTER II--LIGHTHOUSE SERVICE
Section 2531. Personnel of former Lighthouse Service.
(Section 2531 was previously section 432.)
Section 115. Part III
This section amends Part III of title 14, United States
Code, by striking the part designation, the part heading, and
the table of chapters.
Section 116. Chapter 27
This section amends Chapter 27 of title 14, United States
Code, by striking the chapter designation, the chapter heading,
and the table of sections and replacing it with the following:
CHAPTER 27--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS (WAS
PREVIOUSLY CHAPTER 13)
SUBCHAPTER I--PERSONNEL RIGHTS AND BENEFITS (NEW SUBCHAPTER)
Section 2701. Procurement of personnel. (Section 2701 was
previously section 468.)
Section 2702. Training. (Section 2702 was previously
section 469.)
Section 2703. Contingent expenses. (Section 2703 was
previously section 476.)
Section 2704. Equipment to prevent accidents. (Section 2704
was previously section 477.)
Section 2705. Clothing at the time of discharge for good
service. (Section 2705 was previously section 482.)
Section 2706. Right to wear uniform. (Section 2706 was
previously section 483.)
Section 2707. Protection of uniform. (Section 2707 was
previously section 484.)
Section 2708. Clothing for officers and enlisted personnel.
(Section 2708 was previously section 485.)
Section 2709. Procurement and sale of stores to members and
civilian employees. (Section 2709 was previously section 487.)
Section 2710. Disposition of effects of decedents. (Section
2710 was previously section 507.)
Section 2711. Deserters; payment of expenses incident to
apprehension and delivery; penalties. (Section 2711 was
previously section 508.)
Section 2712. Payment for the apprehension of stragglers.
(Section 2712 was previously section 644.)
SUBCHAPTER II--AWARDS (NEW SUBCHAPTER)
Section 2731. Delegation of powers to make awards; rules
and regulations. (Section 2731 was previously section 499.)
Section 2732. Medal of honor. (Section 2732 was previously
section 491.)
Section 2733. Medal of honor: duplicate medal. (Section
2733 was previously section 504.)
Section 2734. Medal of honor: presentation of Medal of
Honor Flag. (Section 2734 was previously section 505.)
Section 2735. Coast Guard cross. (Section 2735 was
previously section 491a.)
Section 2736. Distinguished service medal. (Section 2736
was previously section 492.)
Section 2737. Silver star medal. (Section 2737 was
previously section 492a.)
Section 2738. Distinguished flying cross. (Section 2738 was
previously section 492b.)
Section 2739. Coast Guard medal. (Section 2739 was
previously section 493.)
Section 2740. Insignia for additional awards. (Section 2740
was previously section 494.)
Section 2741. Time limit on award; report concerning deed.
(Section 2741 was previously section 496.)
Section 2742. Honorable subsequent service as condition to
award. (Section 2742 was previously section 497.)
Section 2743. Posthumous awards. (Section 2743 was
previously section 498.)
Section 2744. Life-saving medals. (Section 2744 was
previously section 500.)
Section 2745. Replacement of medals. (Section 2745 was
previously section 501.)
Section 2746. Award of other medals. (Section 2746 was
previously section 502.)
Section 2747. Awards and insignia for excellence in service
or conduct. (Section 2747 was previously section 503.)
Section 2748. Presentation of United States flag upon
retirement. (Section 2748 was previously section 516.)
SUBCHAPTER III--PAYMENTS (NEW SUBCHAPTER)
Section 2761. Persons discharged as result of court-
martial; allowances to. (Section 2761 was section 509.)
Section 2762. Shore patrol duty; payment of expenses.
(Section 2762 was previously section 510.)
Section 2763. Compensatory absence from duty for military
personnel at isolated duty stations. (Section 2763 was
previously section 511.)
Section 2764. Monetary allowance for transportation of
household effects. (Section 2764 was previously section 512.)
Section 2765. Retroactive payment of pay and allowances
delayed by and administrative error or oversight. (Section 2765
was previously section 513.)
Section 2766. Travel card management. (Section 2766 was
previously section 517.)
Section 2767. Reimbursement for medical-related travel
expenses for certain persons residing on islands in the
continental United States. (Section 2767 was previously section
518.)
Section 2768. Annual audit of pay and allowances of members
undergoing permanent change of station. (Section 2768 was
previously section 519.)
Section 2769. Remission of indebtedness. (Section 2769 was
previously section 461.)
Section 2770. Special instruction at universities. (Section
2770 was previously section 470.)
Section 2771. Attendance at professional meetings. (Section
2771 was previously section 471.)
Section 2772. Education loan repayment program. (Section
2772 was previously section 472.)
Section 2773. Rations or commutation therefor in money.
(Section 2773 was previously 478.)
Section 2774. Sales of ration supplies to messes. (Section
2774 was previously section 479.)
Section 2775. Flight rations. (Section 2775 was previously
section 480.)
Section 2776. Payments at time of discharge for good
service. (Section 2776 was previously section 481.)
Section 2777. Clothing for destitute shipwrecked persons.
(Section 2777 was previously section 486.)
Section 2778. Advancement of public funds to personnel.
(Section 2778 was previously section 488.)
Section 2779. Transportation to and from certain places of
employment. (Section 2779 was previously section 660.)
Section 117. Chapter 29
This section amends Chapter 29 of title 14, United States
Code, by striking the chapter designation, the chapter heading,
and the table of sections and replacing it with the following:
CHAPTER 29--COAST GUARD FAMILY SUPPORT, CHILDCARE, AND HOUSING
(FORMERLY CHAPTER 14)
SUBCHAPTER I--COAST GUARD FAMILIES
Section 2901. Work-life policies and programs. (Section
2901 was previously section 531.)
Section 2902. Surveys of Coast Guard families. (Section
2902 was previously section 532.)
Section 2903. Reimbursement for adoption expenses. (Section
2903 was previously section 541.)
Section 2904. Education and training opportunities for
Coast Guard spouses. (Section 2904 was previously section 542.)
Section 2905. Youth sponsorship initiatives. (Section 2905
was previously section 543.)
Section 2906. Dependent school children. (Section 2906 was
previously section 544.)
SUBCHAPTER II--COAST GUARD CHILD CARE
Section 2921. Definitions. (Section 2921 was previously
section 551.)
Section 2922. Child development services. (Section 2922 was
previously section 552.)
Section 2923. Child development center standards and
inspections. (Section 2923 was previously section 553.)
Section 2924. Child development center employees. (Section
2924 was previously section 554.)
Section 2925. Parent partnerships with child development
centers. (Section 2925 was previously section 555.)
SUBCHAPTER III--HOUSING (FORMERLY CHAPTER 18, NEW SUBCHAPTER)
Section 2941. Definitions. (Section 2941 was previously
section 680 of chapter 18.)
Section 2942. General authority. (Section 2942 was
previously section 681 of chapter 18.)
Section 2943. Leasing and hiring of quarters; rental of
inadequate housing. (Section 2943 was previously section 475.)
Section 2944. Retired service members and dependents
serving on advisory committees. (Section 2944 was previously
section 680 of chapter 17.)
Section 29435. Conveyance of real property. (Section 2945
was previously section 685.)
Section 2946. Coast Guard Housing Fund. (Section 2946 was
previously section 687.)
Section 2947. Reports. (Section 2947 was previously section
688.)
Section 118. Subtitle III and Chapter 37
This section further amends title 14, United States Code,
by adding after Chapter 29, as amended by this title, the
following:
SUBTITLE III--COAST GUARD RESERVE AND AUXILIARY (PREVIOUSLY PART II)
CHAPTER 37--COAST GUARD RESERVE (PREVIOUSLY CHAPTER 21)
SUBCHAPTER I--ADMINISTRATION
Section 3701. Organization. (Section 3701 was previously
section 701.)
Section 3702. Authorized strength. (Section 3702 was
previously section 702.)
Section 3703. Coast Guard Reserve Boards. (Section 3703 was
previously section 703.)
Section 3704. Grades and ratings; military authority.
(Section 3704 was previously section 704.)
Section 3705. Benefits. (Section 3705 was previously
section 705.)
Section 3706. Temporary members of the Reserve; eligibility
and compensation. (Section 3706 was previously section 706.)
Section 3707. Temporary members of the Reserve; disability
or death benefits. (Section 3707 was previously section 707.)
Section 3708. Temporary members of the Reserve; certificate
of honorable service. (Section 3708 was previously section
708.)
Section 3709. Reserve student aviation pilots; Reserve
aviation pilots; appointments in commissioned grade. (Section
3709 was previously section 709.)
Section 3710. Reserve student pre-commissioning assistance
program. (Section 3710 was previously section 709a.)
Section 3711. Appointment or wartime promotion; retention
of grade upon release from active duty. (Section 3711 was
previously section 710.)
Section 3712. Exclusiveness of service. (Section 3712 was
previously section 711.)
Section 3713. Active duty for emergency augmentation of
regular forces. (Section 3713 was previously section 712.)
Section 3714. Enlistment of members engaged in schooling.
(Section 3714 was previously section 713.)
SUBCHAPTER II--PERSONNEL
Section 3731. Definitions. (Section 3731 was previously
section 720.)
Section 3732. Applicability of this subchapter. (Section
3732 was previously section 721.)
Section 3733. Suspension of this subchapter in time of war
or national emergency. (Section 3733 was previously section
722.)
Section 3734. Effect of this subchapter on retirement and
retired pay. (Section 3734 was previously section 723.)
Section 3735. Authorized number of officers. (Section 3735
was previously section 724.)
Section 3736. Precedence. (Section 3736 was previously
section 725.)
Section 3737. Running mates. (Section 3737 was previously
section 726.)
Section 3738. Constructive credit upon initial appointment.
(Section 3738 was previously section 727.)
Section 3739. Promotion of Reserve officers on active duty.
(Section 3739 was previously section 728.)
Section 3740. Promotion; recommendations of selection
boards. (Section 3740 was previously section 729.)
Section 3741. Selection boards; appointment. (Section 3741
was previously section 730.)
Section 3742. Establishment of promotion zones under
running mate system. (Section 3742 was previously section 731.)
Section 3743. Eligibility for promotion. (Section 3743 was
previously section 732.)
Section 3744. Recommendation for promotion of an officer
previously removed from an active status. (Section 3744 was
previously section 733.)
Section 3745. Qualifications for promotion. (Section 3745
was previously section 734.)
Section 3746. Promotion; acceptance; oath of office.
(Section 3746 was previously section 735.)
Section 3747. Date of rank upon promotion; entitlement to
pay. (Section 3747 was previously section 736.)
Section 3748. Type of promotion; temporary. (Section 3748
was previously section 737.)
Section 3749. Effect of removal by the President or failure
of consent of the Senate. (Section 3749 was previously section
738.)
Section 3750. Failure of selection for promotion. (Section
3750 was previously section 739.)
Section 3751. Failure of selection and removal from active
status. (Section 3751 was previously 740.)
Section 3752. Retention boards; removal from an active
status to provide a flow of promotion. (Section 3752 was
previously section 741.)
Section 3753. Maximum ages for retention in an active
status. (Section 3753 was previously section 742.)
Section 3754. Rear admiral and rear admiral (lower half);
maximum service in grade. (Section 3754 was previously section
743.)
Section 3755. Appointment of a former Navy or Coast Guard
officer. (Section 3755 was previously section 744.)
Section 3756. Grade on entry upon active duty. (Section
3756 was previously section 745.)
Section 3757. Recall of a retired officer; grade upon
release. (Section 3757 was previously section 746.)
Section 119. Chapter 39
This section further amends title 14, United States Code,
by adding after Chapter 37, as amended by this title, the
following:
CHAPTER 39--COAST GUARD AUXILIARY (PREVIOUSLY CHAPTER 23)
Section 3901. Administration of the Coast Guard Auxiliary.
(Section 3901 was previously section 821.)
Section 3902. Purpose of the Coast Guard Auxiliary.
(Section 3902 was previously section 822.)
Section 3903. Eligibility; enrollments. (Section 3903 was
previously section 823.)
Section 3904. Members of the Auxiliary; status. (Section
3904 was previously section 823a.)
Section 3905. Disenrollment. (Section 3905 was previously
section 824.)
Section 3906. Membership in other organizations. (Section
3906 was previously section 825.)
Section 3907. Use of member's facilities. (Section 3907 was
previously section 826.)
Section 3908. Vessel deemed public vessel. (Section 3908
was previously section 827.)
Section 3909. Aircraft deemed public aircraft. (Section
3909 was previously section 828.)
Section 3910. Radio station deemed government station.
(Section 3910 was previously section 829.)
Section 3911. Availability of appropriations. (Section 3911
was previously section 830.)
Section 3912. Assignment and performance of duties.
(Section 3912 was previously section 831.)
Section 3913. Injury or death in line of duty. (Section
3913 was previously section 832.)
Section 120. Chapter 41
This section further amends title 14, United States Code,
by adding after Chapter 39, as added by this title, the
following:
CHAPTER 41--GENERAL PROVISIONS FOR COAST GUARD RESERVE AND AUXILIARY
(PREVIOUSLY CHAPTER 25)
Section 4101. Flags; pennants; uniforms and insignia.
(Section 4101 was previously section 891.)
Section 4102. Penalty. (Section 4102 was previously section
892.)
Section 4103. Limitation on rights of members of the
Auxiliary and temporary members of the Reserve. (Section 4103
was previously section 893.)
Section 4104. Availability of facilities and
appropriations. (Section 4104 was previously section 894.)
Section 121. Subtitle IV and Chapter 49
This section further amends title 14, United States Code,
by adding after Chapter 41, as added by this title, the
following:
SUBTITLE IV--COAST GUARD AUTHORIZATION AND REPORTS TO CONGRESS
(PREVIOUSLY PART III)
CHAPTER 49--AUTHORIZATIONS (PREVIOUSLY CHAPTER 27)
Section 4901. Requirement for prior authorization of
appropriations. (Section 4901 was previously section 2701.)
Section 4902. Authorization of appropriations. (Section
4902 was previously section 2702.)
Section 4903. Authorization of personnel end strengths.
(Section 4903 was previously section 2703.)
Section 4904. Authorized levels of military strength and
training. (Section 4904 was previously section 2704.)
Section 122. Chapter 51
This section further amends title 14, United States Code,
by adding after Chapter 49, as added by this title, the
following:
CHAPTER 51--REPORTS (PREVIOUSLY CHAPTER 29)
Section 5101. Transmission of annual Coast Guard
authorization request. (Section 3501 was previously section
2901.)
Section 5102. Capital investment plan. (Section 5102 was
previously section 2902.)
Section 5103. Major acquisitions. (Section 5103 was
previously section 2903.)
Section 5104. Manpower requirements plan. (Section 5104 was
previously section 2904.)
Section 5105. Inventory of real property. (Section 5105 was
previously section 679.)
Section 123. References
Subsection (a) of this section provides definitions of
``redesignated section'' which are created in this title and a
``source section'' which is a section in effect prior to any
redesignation.
Subsection (b) of this section states that any reference to
a source section, including a reference in a regulation, order,
or other law is deemed to refer to the corresponding
redesignated section. It also states that each reference to a
source section is amended by striking that reference and
replacing it with redesignated sections provided in this title.
Subsection (c) of this section lists the conforming
amendments made for section references in redesignated chapters
and sections.
Section 124. Rule of Construction
This section explains that this title, including any
amendments, is intended to reorganize title 14, United States
Code. It should not be construed as altering: the effect of
provisions in title 14, United States Code, or any authorities
or requirements in such title; a department or agency
interpretation with respect to such title; or, any judicial
interpretation with respect to such title.
TITLE II--TRANSFERS AND MODIFICATIONS
Section 201. Amendments to title 14, United States Code, as amended by
title I of this Act
This section states that except as otherwise expressly
provided, whenever in this title, an amendment or repeal is
expressed in terms of an amendment or, a repeal of, a section
or other provision of title 14, United States Code, the
reference shall be considered to be made to title 14, United
States Code, as amended by title I of this Act.
Section 202. Primary Duties
This section amends section 102(7) of title 14, United
States Code, to rewrite paragraph (7) to clarify the Coast
Guard's state of everyday readiness as an Armed Service, and
its readiness in times of war as part of the Navy.
Section 203. Regattas and Marine Parades
This section amends Chapter 5 of title 14 to include a new
section 564 dealing with regattas and marine parades. The text
is transferred from the original statute passed in 1908 that
was included in title 33, Navigation. The text is being moved
to co-locate it with the Commandant's other authorities to
regulate vessel traffic.
This section also repeals the Act of April 28, 1908.
Section 204. Regulation of Vessels in Territorial Waters of United
States
This section adds a new section 584 to chapter 5 of title
14, United States Code. The text is transferred from title 50,
War and National Defense. The provisions govern the anchorage
and movement of vessels, including the seizure and forfeiture
of such vessels during national emergencies. The text is being
moved to co-locate the provisions with the Commandant's other
authorities to regulate vessel traffic.
Section 205. National Maritime Transportation Advisory Committees
This section amends title 14, United States Code, to insert
a new chapter 13 to establish and outline the functions and
membership of the following Coast Guard national advisory
committees: the National Chemical Transportation Safety
Advisory Committee; the National Commercial Fishing Safety
Advisory Committee; the National Merchant Marine Personnel
Advisory Committee; the National Merchant Mariner Medical
Advisory Committee; the National Boating Safety Advisory
Committee; the National Offshore Safety Advisory Committee; the
National Navigation Safety Advisory Committee; and the National
Towing Safety Advisory Committee.
The advisory committee text is transferred from title 46,
except for two advisory committees--the National Chemical
Transportation Safety Advisory Committee and the National
Offshore Safety Advisory Committee which were established by
the Coast Guard under the Federal Advisory Committee Act. In
addition, the membership of the National Merchant Mariner
Medical Advisory Committee remains the same at 14, but the
member makeup is changed. Members representing healthcare
professionals on the committee are reduced from 10 to 9 and
members representing professional mariners are increased from 4
to 5.
The new chapter 13 includes an administration section which
will make the actions of each advisory committee uniform.
Advisory committees will be required to meet at least once a
year at the call of the Commandant or a majority of the
committee. A member of a committee is not considered an
employee of the federal government by reason of committee
service. It outlines how advisory committee members may be
compensated for performing duties of the committee, but does
not require such compensation. Committees are allowed to accept
volunteer services. Members appointed by the Secretary may
represent a point of view of the entity or group that they are
appointed to represent. Members representing the general public
will be deemed a special government employee. Nomination
solicitations will be posted in the Federal Register and
appointments made by the Secretary after considering the
nominations. Term lengths will be three years and members can
serve two terms. Members who serve as chairmen may serve 3
terms. Reappointments do not need to go through the Federal
Register nomination process, but a vacancy must go through the
original appointment process. The Commandant shall provide any
staff services needed for a committee to conduct its meetings.
Committees can elect their chairman and vice chairman as well
as create any needed subcommittees or working groups. The
Commandant is required to consult with and consider the
information, advice and recommendations of the advisory
committees before taking any significant action. Each committee
will terminate on September 20, 2027. The committees are
required to submit their advice, reports, and recommendations
to the House Committee on Transportation and Infrastructure and
the Senate Committee on Commerce, Science, and Transportation.
Any federal agency with matters under that agency's
jurisdiction related to the function of a committee established
under this chapter is allowed to designate a representative to
attend committee meetings and participate as an observer.
Due to the movement of the committees from title 46, the
section makes a conforming amendment to repeal the prior
authorities for the Commercial Fishing Safety Advisory
Committee (46 U.S.C. 4508), the Merchant Mariner Medical
Advisory Committee (46 U.S.C. 7115), the National Boating
Safety Advisory Committee (46 U.S.C. 13110), the Navigation
Safety Advisory Committee (33 U.S.C. 2073), the Towing Safety
Advisory Committee (33 U.S.C. 1231a), the Commercial Fishing
Safety Advisory Committee (46 U.S.C. 4508), and the Merchant
Mariner Medical Advisory Committee (46 U.S.C. 7115).
This section states that any charter for an advisory
committee in force on the day before the date of enactment of
this section shall remain in force or in effect for a period of
not more than two years from the date of enactment of this
section. The enactment of this section shall not be the basis
to deem, find, or declare such charter void, not in force, or
not in effect or to suspend the activities of any advisory
committee until the charter is amended. An advisory committee
or any appointment of a member to an advisory committee that
was valid before the day of enactment of this section shall
remain authorized for not more than two years after the date of
enactment of the section.
Section 206. Clothing at Time of Discharge for Good of Service
This section repeals section 2705 of title 14, United
States Code (previously section 482 of title 14). The authority
which allows enlisted members, discharged from the Service for
bad conduct, undesirability, unsuitability, or inaptitude, to
be furnished with civilian clothing, including an overcoat when
necessary, is no longer used by the Commandant of the Coast
Guard.
Changes in Existing Law Made by The Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 14, UNITED STATES CODE
TITLE 14--COAST GUARD
[Part Sec.
Regular Coast Guard..............................................1
Coast Guard Reserve and Auxiliary..............................701
Coast Guard Authorizations and Reports to Congress...........2701]
Subtit..............................................................Sec.
Establishment, Powers, Duties, and Administration.............101
Personnel....................................................1901
Coast Guard Reserve and Auxiliary.............................3701
Coast Guard Authorizations and Reports to Congress...........4901
[PART I--REGULAR COAST GUARD]
SUBTITLE I--ESTABLISHMENT, POWERS, DUTIES, AND ADMINISTRATION
Chap. Sec.
Establishment and Duties.........................................1
Composition and Organization....................................41
Functions and Powers............................................81
Cooperation With Other Agencies................................141
Coast Guard Academy............................................181
Personnel......................................................211
Pay, Allowances, Awards, and Other Rights and Benefits.........461
Coast Guard Family Support and Child Care......................531
Acquisitions...................................................561
Administration.................................................631
Coast Guard Housing Authorities................................680
Environmental Compliance and Restoration Program..............690]
Establishment and Duties.......................................101
Composition and Organization...................................301
Functions and Powers...........................................501
Cooperation....................................................701
Administration.................................................901
Acquisitions..................................................1101
National Maritime Transportation Advisory Committees..........1301
CHAPTER 1--ESTABLISHMENT AND DUTIES
Sec.
[1. Establishment of Coast Guard.
[2. Primary duties.
[3. Department in which the Coast Guard operates.
[4. Secretary defined.]
101. Establishment of Coast Guard.
102. Primary duties.
103. Department in which the Coast Guard operates.
104. Removing restrictions.
105. Secretary defined.
Sec. [1] 101. Establishment of Coast Guard
The Coast Guard, established January 28, 1915, shall be a
military service and a branch of the armed forces of the United
States at all times.
Sec. [2] 102. Primary duties
The Coast Guard shall--
(1) enforce or assist in the enforcement of all
applicable Federal laws on, under, and over the high
seas and waters subject to the jurisdiction of the
United States;
(2) engage in maritime air surveillance or
interdiction to enforce or assist in the enforcement of
the laws of the United States;
(3) administer laws and promulgate and enforce
regulations for the promotion of safety of life and
property on and under the high seas and waters subject
to the jurisdiction of the United States, covering all
matters not specifically delegated by law to some other
executive department;
(4) develop, establish, maintain, and operate, with
due regard to the requirements of national defense,
aids to maritime navigation, icebreaking facilities,
and rescue facilities for the promotion of safety on,
under, and over the high seas and waters subject to the
jurisdiction of the United States;
(5) pursuant to international agreements, develop,
establish, maintain, and operate icebreaking facilities
on, under, and over waters other than the high seas and
waters subject to the jurisdiction of the United
States;
(6) engage in oceanographic research of the high seas
and in waters subject to the jurisdiction of the United
States; and
[(7) maintain a state of readiness to function as a
specialized service in the Navy in time of war,
including the fulfillment of Maritime Defense Zone
command responsibilities.]
(7) maintain a state of readiness to assist in the
defense of the United States, including when
functioning as a specialized service in the Navy
pursuant to section 103.
Sec. [3] 103. Department in which the Coast Guard operates
(a) In General.--The Coast Guard shall be a service in the
Department of Homeland Security, except when operating as a
service in the Navy.
(b) Transfers.--Upon the declaration of war if Congress so
directs in the declaration 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 Department of Homeland Security.
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 such Secretary deems advisable, with Navy
operations.
(c) Operation as a Service in the Navy.--Whenever the Coast
Guard operates as a service in the Navy--
(1) applicable appropriations of the Navy Department
shall be available for the expense of the Coast Guard;
(2) applicable appropriations of the Coast Guard
shall be available for transfer to the Navy Department;
(3) precedence between commissioned officers of
corresponding grades in the Coast Guard and the Navy
shall be determined by the date of rank stated by their
commissions in those grades;
(4) personnel of the Coast Guard shall be eligible to
receive gratuities, medals, and other insignia of honor
on the same basis as personnel in the naval service or
serving in any capacity with the Navy; and
(5) the Secretary may place on furlough any officer
of the Coast Guard and officers on furlough shall
receive one half of the pay to which they would be
entitled if on leave of absence, but officers of the
Coast Guard Reserve shall not be so placed on furlough.
Sec. [652] 104. Removing restrictions
Any law removing for the duration of a war or national
emergency proclaimed by the President any restriction contained
in any then-existing law as applied to the Navy, including, but
not limited to, restrictions relating to the manner in which
purchases may be made and contracts awarded, fiscal operations,
and personnel, shall, in the same manner and to the same
extent, remove such restrictions as applied to the Coast Guard.
Sec. [4] 105. Secretary defined
In this title, the term ``Secretary'' means the Secretary of
the respective department in which the Coast Guard is
operating.
CHAPTER 3--COMPOSITION AND ORGANIZATION
Sec.
[41. Grades and ratings.
[41a. Active duty promotion list.
[42. Number and distribution of commissioned officers on active duty
promotion list.]
[44. Commandant; appointment.]
[46. Retirement of Commandant.
[47. Vice Commandant; appointment.]
[50. Vice admirals.]
[51. Retirement.
[52. Vice admirals and admiral, continuity of grade.
[53. Office of the Coast Guard Reserve; Director.
[54. Chief of Staff to President: appointment.]
[56. Chief Acquisition Officer.
[57. Prevention and response workforces.
[58. Centers of expertise for Coast Guard prevention and response.
[59. Marine industry training programs.
[60. Training course on workings of Congress.]
301. Grades and ratings.
302. Commandant; appointment.
303. Retirement of Commandant.
304. Vice Commandant; appointment.
305. Vice admirals.
306. Retirement.
307. Vice admirals and admiral, continuity of grade.
308. Chief Acquisition Officer.
309. Office of the Coast Guard Reserve; Director.
310. Chief of Staff to President: appointment.
311. Captains of the port.
312. Prevention and response workforces.
313. Centers of expertise for Coast Guard prevention and response.
314. Marine industry training program.
315. Training course on workings of Congress.
316. National Coast Guard Museum.
317. United States Coast Guard Band; composition; director.
318. Environmental Compliance and Restoration Program.
Sec. [41] 301. Grades and ratings
In the Coast Guard there shall be admirals (two); vice
admirals; rear admirals; rear admirals (lower half); captains;
commanders; lieutenant commanders; lieutenants; lieutenants
(junior grade); ensigns; chief warrant officers; cadets;
warrant officers; and enlisted members. Enlisted members shall
be distributed in ratings established by the Secretary.
Sec. [44] 302. Commandant; appointment
The President may appoint, by and with the advice and consent
of the Senate, one Commandant for a period of four years, who
may be reappointed for further periods of four years, who shall
act as Chief of the Coast Guard. The term of an appointment,
and any reappointment, shall begin on June 1 of the appropriate
year and end on May 31 of the appropriate year, except that, in
the event of death, retirement, resignation, or reassignment,
or when the needs of the Service demand, the Secretary may
alter the date on which a term begins or ends if the alteration
does not result in the term exceeding a period of 4 years. The
Commandant shall be appointed from the officers on the active
duty promotion list serving above the grade of captain who have
completed at least ten years of active service as a
commissioned officer in the Coast Guard. The Commandant while
so serving shall have the grade of admiral.
Sec. [46] 303. Retirement of Commandant
(a) A Commandant who is not reappointed shall be retired with
the grade of admiral at the expiration of the appointed term,
except as provided in section 51(d) of this title.
(b) A Commandant who is retired for physical disability shall
be placed on the retired list with the grade of admiral.
(c) An officer who is retired prior to the expiration of his
term, while serving as Commandant, may, in the discretion of
the President, be retired with the grade of admiral.
Sec. [47] 304. Vice Commandant; appointment
The President may appoint, by and with the advice and consent
of the Senate, one Vice Commandant who shall rank next after
the Commandant, shall perform such duties as the Commandant may
prescribe and shall act as Commandant during the absence or
disability of the Commandant or in the event that there is a
vacancy in the office of Commandant. The Vice Commandant shall
be selected from the officers on the active duty promotion list
serving above the grade of captain. The Commandant shall make
recommendation for such appointment. The Vice Commandant shall,
while so serving, have the grade of admiral with pay and
allowances of that grade. The appointment and grade of a Vice
Commandant shall be effective on the date the officer assumes
that duty, and shall terminate on the date the officer is
detached from that duty, except as provided in section 51(d) of
this title.
Sec. [50] 305. Vice admirals
(a)(1) The President may--
(A) designate, within the Coast Guard, no
more than five positions of importance and
responsibility that shall be held by officers
who, while so serving--
(i) shall have the grade of vice
admiral, with the pay and allowances of
that grade; and
(ii) shall perform such duties as the
Commandant may prescribe, except that
if the President designates five such
positions, one position shall be the
Chief of Staff of the Coast Guard; and
(B) designate, within the executive branch,
other than within the Coast Guard or the
National Oceanic and Atmospheric
Administration, positions of importance and
responsibility that shall be held by officers
who, while so serving, shall have the grade of
vice admiral, with the pay and allowances of
that grade.
(2) The President may appoint, by and with the advice
and consent of the Senate, and reappoint, by and with
the advice and consent of the Senate, to any such
position an officer of the Coast Guard who is serving
on active duty above the grade of captain. The
Commandant shall make recommendations for such
appointments.
(3)(A) Except as provided in subparagraph (B), one of
the vice admirals designated under paragraph (1)(A)
must have at least 10 years experience in vessel
inspection, marine casualty investigations, mariner
licensing, or an equivalent technical expertise in the
design and construction of commercial vessels, with at
least 4 years of leadership experience at a staff or
unit carrying out marine safety functions and shall
serve as the principal advisor to the Commandant on
these issues.
(B) The requirements of subparagraph (A) do
not apply to such vice admiral if the
subordinate officer serving in the grade of
rear admiral with responsibilities for marine
safety, security, and stewardship possesses
that experience.
(b)(1) The appointment and the grade of vice admiral shall be
effective on the date the officer assumes that duty and, except
as provided in paragraph (2) of this subsection or in section
51(d) of this title, shall terminate on the date the officer is
detached from that duty.
(2) An officer who is appointed to a position
designated under subsection (a) shall continue to hold
the grade of vice admiral--
(A) while under orders transferring the
officer to another position designated under
subsection (a), beginning on the date the
officer is detached from that duty and
terminating on the date before the day the
officer assumes the subsequent duty, but not
for more than 60 days;
(B) while hospitalized, beginning on the day
of the hospitalization and ending on the day
the officer is discharged from the hospital,
but not for more than 180 days;
(C) at the discretion of the Secretary, while
awaiting orders after being relieved from the
position, beginning on the day the officer is
relieved from the position, but not for more
than 60 days; and
(D) while awaiting retirement, beginning on
the date the officer is detached from duty and
ending on the day before the officer's
retirement, but not for more than 60 days.
(c)(1) An appointment of an officer under subsection (a) does
not vacate the permanent grade held by the officer.
(2) An officer serving in a grade above rear admiral
who holds the permanent grade of rear admiral (lower
half) shall be considered for promotion to the
permanent grade of rear admiral as if the officer was
serving in the officer's permanent grade.
(d) Whenever a vacancy occurs in a position designated under
subsection (a), the Commandant shall inform the President of
the qualifications needed by an officer serving in that
position or office to carry out effectively the duties and
responsibilities of that position or office.
Sec. [51] 306. Retirement
(a) An officer, other than the Commandant, who, while serving
in the grade of admiral or vice admiral, is retired for
physical disability shall be placed on the retired list with
the highest grade in which that officer served.
(b) An officer, other than the Commandant, who is retired
while serving in the grade of admiral or vice admiral, or who,
after serving at least 21/2 years in the grade of admiral or
vice admiral, is retired while serving in a lower grade, may in
the discretion of the President, be retired with the highest
grade in which that officer served.
(c) An officer, other than the Commandant, who, after serving
less than 21/2 years in the grade of admiral or vice admiral,
is retired while serving in a lower grade, shall be retired in
his permanent grade.
(d) An officer serving in the grade of admiral or vice
admiral shall continue to hold that grade--
(1) while being processed for physical disability
retirement, beginning on the day of the processing and
ending on the day that officer is retired, but not for
more than 180 days; and
(2) while awaiting retirement, beginning on the day
that officer is relieved from the position of
Commandant, Vice Commandant, or Vice Admiral and ending
on the day before the officer's retirement, but not for
more than 60 days.
Sec. [52] 307. Vice admirals and admiral, continuity of grade
The continuity of an officer's precedence on the active duty
promotion list, date of rank, grade, pay, and allowances as a
vice admiral or admiral shall not be interrupted by the
termination of an appointment for the purpose of reappointment
to another position as a vice admiral or admiral.
Sec. [56] 308. Chief Acquisition Officer
(a) In General.--There shall be in the Coast Guard a Chief
Acquisition Officer selected by the Commandant who shall be a
Rear Admiral or civilian from the Senior Executive Service
(career reserved) and who meets the qualifications set forth
under subsection (b). The Chief Acquisition Officer shall serve
at the Assistant Commandant level and have acquisition
management as that individual's primary duty.
(b) Qualifications.--
(1) The Chief Acquisition Officer and any flag
officer serving in the Acquisition Directorate shall be
an acquisition professional with a Level III
acquisition management certification and must have at
least 10 years experience in an acquisition position,
of which at least 4 years were spent as--
(A) the program executive officer;
(B) the program manager of a Level 1 or Level
2 acquisition project or program;
(C) the deputy program manager of a Level 1
or Level 2 acquisition;
(D) the project manager of a Level 1 or Level
2 acquisition; or
(E) any other acquisition position of
significant responsibility in which the primary
duties are supervisory or management duties.
(2) The Commandant shall periodically publish a list
of the positions designated under paragraph (1).
(3) In this subsection each of the terms ``Level 1
acquisition'' and ``Level 2 acquisition'' has the
meaning that term has in chapter [15] 11 of this title.
(c) Functions of the Chief Acquisition Officer.--The
functions of the Chief Acquisition Officer include--
(1) monitoring the performance of acquisition
projects and programs on the basis of applicable
performance measurements and advising the Commandant,
through the chain of command, regarding the appropriate
business strategy to achieve the missions of the Coast
Guard;
(2) maximizing the use of full and open competition
at the prime contract and subcontract levels in the
acquisition of property, capabilities, assets, and
services by the Coast Guard by establishing policies,
procedures, and practices that ensure that the Coast
Guard receives a sufficient number of sealed bids or
competitive proposals from responsible sources to
fulfill the Government's requirements, including
performance and delivery schedules, at the lowest cost
or best value considering the nature of the property,
capability, asset, or service procured;
(3) making acquisition decisions in concurrence with
the technical authority, or technical authorities, of
the Coast Guard, as designated by the Commandant,
consistent with all other applicable laws and decisions
establishing procedures within the Coast Guard;
(4) ensuring the use of detailed performance
specifications in instances in which performance-based
contracting is used;
(5) managing the direction of acquisition policy for
the Coast Guard, including implementation of the unique
acquisition policies, regulations, and standards of the
Coast Guard;
(6) developing and maintaining an acquisition career
management program in the Coast Guard to ensure that
there is an adequate acquisition workforce;
(7) assessing the requirements established for Coast
Guard personnel regarding knowledge and skill in
acquisition resources and management and the adequacy
of such requirements for facilitating the achievement
of the performance goals established for acquisition
management;
(8) developing strategies and specific plans for
hiring, training, and professional development;
(9) reporting to the Commandant, through the chain of
command, on the progress made in improving acquisition
management capability; and
(10)(A) keeping the Commandant informed of the
progress of major acquisition programs (as that term is
defined in section 581);
(B) informing the Commandant on a continuing
basis of any developments on such programs that
may require new or revisited trade-offs among
cost, schedule, technical feasibility, and
performance, including--
(i) significant cost growth or
schedule slippage; and
(ii) requirements creep (as that term
is defined in section 2547(c)(1) of
title 10); and
(C) ensuring that the views of the Commandant
regarding such programs on cost, schedule,
technical feasibility, and performance trade-
offs are strongly considered by program
managers and program executive officers in all
phases of the acquisition process.
Sec. [53] 309. Office of the Coast Guard Reserve; Director
(a) Establishment of Office; Director.--There is in the
executive part of the Coast Guard an Office of the Coast Guard
Reserve. The head of the Office is the Director of the Coast
Guard Reserve. The Director of the Coast Guard Reserve is the
principal adviser to the Commandant on Coast Guard Reserve
matters and may have such additional functions as the
Commandant may direct.
(b) Appointment.--The President, by and with the advice and
consent of the Senate, shall appoint the Director of the Coast
Guard Reserve, from officers of the Coast Guard who--
(1) have had at least 10 years of commissioned
service;
(2) are in a grade above captain; and
(3) have been recommended by the Secretary of
Homeland Security.
(c) Term.--(1) The Director of the Coast Guard Reserve holds
office for a term determined by the President, normally two
years, but not more than four years. An officer may be removed
from the position of Director for cause at any time.
(2) The Director of the Coast Guard Reserve, while so
serving, holds a grade above Captain, without vacating
the officer's permanent grade.
(d) Budget.--The Director of the Coast Guard Reserve is the
official within the executive part of the Coast Guard who,
subject to the authority, direction, and control of the
Secretary of Homeland Security and the Commandant, is
responsible for preparation, justification, and execution of
the personnel, operation and maintenance, and construction
budgets for the Coast Guard Reserve. As such, the Director of
the Coast Guard Reserve is the director and functional manager
of appropriations made for the Coast Guard Reserve in those
areas.
(e) Annual Report.--The Director of the Coast Guard Reserve
shall submit to the Secretary of Homeland Security and the
Secretary of Defense an annual report on the state of the Coast
Guard Reserve and the ability of the Coast Guard Reserve to
meet its missions. The report shall be prepared in conjunction
with the Commandant and may be submitted in classified and
unclassified versions.
Sec. [54] 310. Chief of Staff to President: appointment
The President, by and with the advice and consent of the
Senate, may appoint a flag officer of the Coast Guard as the
Chief of Staff to the President.
Sec. 311. Captains of the port
Any officer, including any petty officer, may be designated
by the Commandant as captain of the port or ports or adjacent
high seas or waters over which the United States has
jurisdiction, as the Commandant deems necessary to facilitate
execution of Coast Guard duties.
Sec. [57] 312. Prevention and response workforces
(a) Career Paths.--The Secretary, acting through the
Commandant, shall ensure that appropriate career paths for
civilian and military Coast Guard personnel who wish to pursue
career paths in prevention or response positions are identified
in terms of the education, training, experience, and
assignments necessary for career progression of civilians and
members of the Armed Forces to the most senior prevention or
response positions, as appropriate. The Secretary shall make
available published information on such career paths.
(b) Qualifications for Certain Assignments.--An officer,
member, or civilian employee of the Coast Guard assigned as a--
(1) marine inspector shall have the training,
experience, and qualifications equivalent to that
required for a similar position at a classification
society recognized by the Secretary under section 3316
of title 46 for the type of vessel, system, or
equipment that is inspected;
(2) marine casualty investigator shall have the
training, experience, and qualifications in
investigation, marine casualty reconstruction, evidence
collection and preservation, human factors, and
documentation using best investigation practices by
Federal and non-Federal entities;
(3) marine safety engineer shall have knowledge,
skill, and practical experience in--
(A) the construction and operation of
commercial vessels;
(B) judging the character, strength,
stability, and safety qualities of such vessels
and their equipment; or
(C) the qualifications and training of vessel
personnel;
(4) waterways operations manager shall have
knowledge, skill, and practical experience with respect
to marine transportation system management; or
(5) port and facility safety and security specialist
shall have knowledge, skill, and practical experience
with respect to the safety, security, and environmental
protection responsibilities associated with maritime
ports and facilities.
(c) Apprenticeship Requirement To Qualify for Certain
Careers.--The Commandant may require an officer, member, or
employee of the Coast Guard in training for a specialized
prevention or response career path to serve an apprenticeship
under the guidance of a qualified individual. However, an
individual in training to become a marine inspector, marine
casualty investigator, marine safety engineer, waterways
operations manager, or port and facility safety and security
specialist shall serve a minimum of one-year as an apprentice
unless the Commandant authorizes a shorter period for certain
qualifications.
(d) Management Information System.--The Secretary, acting
through the Commandant, shall establish a management
information system for the prevention and response workforces
that shall provide, at a minimum, the following standardized
information on persons serving in those workforces:
(1) Qualifications, assignment history, and tenure in
assignments.
(2) Promotion rates for military and civilian
personnel.
(e) Sector Chief of Prevention.--There shall be in each Coast
Guard sector a Chief of Prevention who shall be at least a
Lieutenant Commander or civilian employee within the grade GS-
13 of the General Schedule, and who shall be a--
(1) marine inspector, qualified to inspect vessels,
vessel systems, and equipment commonly found in the
sector; and
(2) qualified marine casualty investigator, marine
safety engineer, waterways operations manager, or port
and facility safety and security specialist.
(f) Signatories of Letter of Qualification for Certain
Prevention Personnel.--Each individual signing a letter of
qualification for marine safety personnel must hold a letter of
qualification for the type being certified.
(g) Sector Chief of Response.--There shall be in each Coast
Guard sector a Chief of Response who shall be at least a
Lieutenant Commander or civilian employee within the grade GS-
13 of the General Schedule in each Coast Guard sector.
Sec. [58] 313. Centers of expertise for Coast Guard prevention and
response
(a) Establishment.--The Commandant of the Coast Guard may
establish and operate one or more centers of expertise for
prevention and response missions of the Coast Guard (in this
section referred to as a ``center'').
(b) Missions.--Any center established under subsection (a)
shall--
(1) promote, facilitate, and conduct--
(A) education;
(B) training; and
(C) activities authorized under section
93(a)(4);
(2) be a repository of information on operations,
practices, and resources related to the mission for
which the center was established; and
(3) perform and support the mission for which the
center was established.
(c) Joint Operation With Educational Institution
Authorized.--The Commandant may enter into an agreement with an
appropriate official of an institution of higher education to--
(1) provide for joint operation of a center; and
(2) provide necessary administrative services for a
center, including administration and allocation of
funds.
(d) Acceptance of Donations.--
(1) Except as provided in paragraph (2), the
Commandant may accept, on behalf of a center, donations
to be used to defray the costs of the center or to
enhance the operation of the center. Those donations
may be accepted from any State or local government, any
foreign government, any foundation or other charitable
organization (including any that is organized or
operates under the laws of a foreign country), or any
individual.
(2) The Commandant may not accept a donation under
paragraph (1) if the acceptance of the donation would
compromise or appear to compromise--
(A) the ability of the Coast Guard or the
department in which the Coast Guard is
operating, any employee of the Coast Guard or
the department, or any member of the Armed
Forces to carry out any responsibility or duty
in a fair and objective manner; or
(B) the integrity of any program of the Coast
Guard, the department in which the Coast Guard
is operating, or of any person involved in such
a program.
(3) The Commandant shall prescribe written guidance
setting forth the criteria to be used in determining
whether or not the acceptance of a donation from a
foreign source would have a result described in
paragraph (2).
Sec. [59] 314. Marine industry training program
The Commandant shall, by policy, establish a program under
which an officer, member, or employee of the Coast Guard may be
assigned to a private entity to further the institutional
interests of the Coast Guard with regard to marine safety,
including for the purpose of providing training to an officer,
member, or employee. Policies to carry out the program--
(1) with regard to an employee of the Coast Guard,
shall include provisions, consistent with sections 3702
through 3704 of title 5, as to matters concerning--
(A) the duration and termination of
assignments;
(B) reimbursements; and
(C) status, entitlements, benefits, and
obligations of program participants; and
(2) shall require the Commandant, before approving
the assignment of an officer, member, or employee of
the Coast Guard to a private entity, to determine that
the assignment is an effective use of the Coast Guard's
funds, taking into account the best interests of the
Coast Guard and the costs and benefits of alternative
methods of achieving the same results and objectives.
Sec. [60] 315. Training course on workings of Congress
(a) In General.--Not later than 180 days after the date of
the enactment of the Coast Guard Authorization Act of 2016, the
Commandant, in consultation with the Superintendent of the
Coast Guard Academy and such other individuals and
organizations as the Commandant considers appropriate, shall
develop a training course on the workings of the Congress and
offer that training course at least once each year.
(b) Course Subject Matter.--The training course required by
this section shall provide an overview and introduction to the
Congress and the Federal legislative process, including--
(1) the history and structure of the Congress and the
committee systems of the House of Representatives and
the Senate, including the functions and
responsibilities of the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate;
(2) the documents produced by the Congress, including
bills, resolutions, committee reports, and conference
reports, and the purposes and functions of those
documents;
(3) the legislative processes and rules of the House
of Representatives and the Senate, including
similarities and differences between the two processes
and rules, including--
(A) the congressional budget process;
(B) the congressional authorization and
appropriation processes;
(C) the Senate advice and consent process for
Presidential nominees;
(D) the Senate advice and consent process for
treaty ratification;
(4) the roles of Members of Congress and
congressional staff in the legislative process; and
(5) the concept and underlying purposes of
congressional oversight within our governance framework
of separation of powers.
(c) Lecturers and Panelists.--
(1) Outside experts.--The Commandant shall ensure
that not less than 60 percent of the lecturers,
panelists, and other individuals providing education
and instruction as part of the training course required
by this section are experts on the Congress and the
Federal legislative process who are not employed by the
executive branch of the Federal Government.
(2) Authority to accept pro bono services.--In
satisfying the requirement under paragraph (1), the
Commandant shall seek, and may accept, educational and
instructional services of lecturers, panelists, and
other individuals and organizations provided to the
Coast Guard on a pro bono basis.
(d) Completion of Required Training.--
(1) Current flag officers and employees.--A Coast
Guard flag officer appointed or assigned to a billet in
the National Capital Region on the date of the
enactment of this section, and a Coast Guard Senior
Executive Service employee employed in the National
Capital Region on the date of the enactment of this
section, shall complete a training course that meets
the requirements of this section within 60 days after
the date on which the Commandant completes the
development of the training course.
(2) New flag officers and employees.--A Coast Guard
flag officer who is newly appointed or assigned to a
billet in the National Capital Region, and a Coast
Guard Senior Executive Service employee who is newly
employed in the National Capital Region, shall complete
a training course that meets the requirements of this
section not later than 60 days after reporting for
duty.
Sec. [98] 316. National Coast Guard Museum
(a) Establishment.--The Commandant may establish a National
Coast Guard Museum, on lands which will be federally owned and
administered by the Coast Guard, and are located in New London,
Connecticut, at, or in close proximity to, the Coast Guard
Academy.
(b) Limitation on Expenditures.--(1) Except as provided in
paragraph (2), the Secretary shall not expend any funds
appropriated to the Coast Guard on the engineering, design, or
construction of any museum established under this section.
(2) The Secretary shall fund the operation and
maintenance of the National Coast Guard Museum with
nonappropriated and non-Federal funds to the maximum
extent practicable. The priority use of Federal
operation and maintenance funds should be to preserve
and protect historic Coast Guard artifacts, including
the design, fabrication, and installation of exhibits
or displays in which such artifacts are included.
(c) Funding Plan.--Before the date on which the Commandant
establishes a museum under subsection (a), the Commandant shall
provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a plan for constructing, operating, and
maintaining such a museum, including--
(1) estimated planning, engineering, design,
construction, operation, and maintenance costs;
(2) the extent to which appropriated,
nonappropriated, and non-Federal funds will be used for
such purposes, including the extent to which there is
any shortfall in funding for engineering, design, or
construction; and
(3) a certification by the Inspector General of the
department in which the Coast Guard is operating that
the estimates provided pursuant to paragraphs (1) and
(2) are reasonable and realistic.
(d) Authority.--The Commandant may not establish a Coast
Guard museum except as set forth in this section.
Sec. [336] 317. United States Coast Guard Band; composition; director
(a) The United States Coast Guard Band shall be composed of a
director and other personnel in such numbers and grades as the
Secretary determines to be necessary.
(b) The Secretary may designate as the director any
individual determined by the Secretary to possess the necessary
qualifications. Upon the recommendation of the Secretary, an
individual so designated may be appointed by the President, by
and with the advice and consent of the Senate, to a
commissioned grade in the Regular Coast Guard.
(c) The initial appointment to a commissioned grade of an
individual designated as director of the Coast Guard Band shall
be in the grade determined by the Secretary to be most
appropriate to the qualifications and experience of the
appointed individual.
(d) An individual who is designated and commissioned under
this section shall not be included on the active duty promotion
list. He shall be promoted under section 276 of this title.
However, the grade of the director may not be higher than
captain.
(e) The Secretary may revoke any designation as director of
the Coast Guard Band. When an individual's designation is
revoked, his appointment to commissioned grade under this
section terminates and he is entitled, at his option--
(1) to be discharged from the Coast Guard; or
(2) to revert to the grade and status he held at the
time of his designation as director.
Sec. 318. Environmental Compliance and Restoration Program
(a) Definitions.--For the purposes of this section--
(1) ``environment'', ``facility'', ``person'',
``release'', ``removal'', ``remedial'', and
``response'' have the same meaning they have in section
101 of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601);
(2) ``hazardous substance'' has the same meaning it
has in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C.
9601), except that it also includes the meaning given
``oil'' in section 311 of the Federal Water Pollution
Control Act (33 U.S.C. 1321); and
(3) ``pollutant'' has the same meaning it has in
section 502 of the Federal Water Pollution Control Act
(33 U.S.C. 1362).
(b) Program.--
(1) The Secretary shall carry out a program of
environmental compliance and restoration at current and
former Coast Guard facilities.
(2) Program goals include:
(A) Identifying, investigating, and cleaning
up contamination from hazardous substances and
pollutants.
(B) Correcting other environmental damage
that poses an imminent and substantial danger
to the public health or welfare or to the
environment.
(C) Demolishing and removing unsafe buildings
and structures, including buildings and
structures at former Coast Guard facilities.
(D) Preventing contamination from hazardous
substances and pollutants at current Coast
Guard facilities.
(3)(A) The Secretary shall respond to releases of
hazardous substances and pollutants--
(i) at each Coast Guard facility the United
States owns, leases, or otherwise possesses;
(ii) at each Coast Guard facility the United
States owned, leased, or otherwise possessed
when the actions leading to contamination from
hazardous substances or pollutants occurred;
and
(iii) on each vessel the Coast Guard owns or
operates.
(B) Subparagraph (A) of this paragraph does not apply
to a removal or remedial action when a potentially
responsible person responds under section 122 of the
Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9622).
(C) The Secretary shall pay a fee or charge imposed
by a State authority for permit services for disposing
of hazardous substances or pollutants from Coast Guard
facilities to the same extent that nongovernmental
entities are required to pay for permit services. This
subparagraph does not apply to a payment that is the
responsibility of a lessee, contractor, or other
private person.
(4) The Secretary may agree with another Federal
agency for that agency to assist in carrying out the
Secretary's responsibilities under this section. The
Secretary may enter into contracts, cooperative
agreements, and grant agreements with State and local
governments to assist in carrying out the Secretary's
responsibilities under this section. Services that may
be obtained under this paragraph include identifying,
investigating, and cleaning up off-site contamination
that may have resulted from the release of a hazardous
substance or pollutant at a Coast Guard facility.
(5) Section 119 of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C.
9619) applies to response action contractors that carry
out response actions under this section. The Coast
Guard shall indemnify response action contractors to
the extent that adequate insurance is not generally
available at a fair price at the time the contractor
enters into the contract to cover the contractor's
reasonable, potential, long-term liability.
(c) Environmental Compliance and Restoration Account.--
(1) There is established for the Coast Guard an
account known as the Coast Guard Environmental
Compliance and Restoration Account. All sums
appropriated to carry out the Coast Guard's
environmental compliance and restoration functions
under this section or another law shall be credited or
transferred to the account and remain available until
expended.
(2) Funds may be obligated or expended from the
account to carry out the Coast Guard's environmental
compliance and restoration functions under this section
or another law.
(3) In proposing the budget for any fiscal year under
section 1105 of title 31, the President shall set forth
separately the amount requested for the Coast Guard's
environmental compliance and restoration activities
under this section or another law.
(4) Amounts recovered under section 107 of the
Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9607) for the Secretary's
response actions at current and former Coast Guard
facilities shall be credited to the account.
(d) Annual list of projects to Congress.--The Commandant of
the Coast Guard shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a prioritized list of projects eligible for
environmental compliance and restoration funding for each
fiscal year concurrent with the President's budget submission
for that fiscal year.
CHAPTER 5--FUNCTIONS AND POWERS
[Sec.
[81. Aids to navigation authorized.
[83. Unauthorized aids to maritime navigation; penalty.
[84. Interference with aids to navigation; penalty.
[85. Aids to maritime navigation; penalty.
[86. Marking of obstructions.
[87. Icebreaking in polar regions.
[88. Saving life and property.
[89. Law enforcement.
[90. Arctic maritime transportation?
[91. Safety of naval vessels.
[92. Secretary; general powers.
[93. Commandant; general powers.
[94. Oceanographic research.
[95. Special agents of the Coast Guard Investigative Service law
enforcement authority.
[96. Prohibition on overhaul, repair, and maintenance of Coast Guard
vessels in foreign shipyards.
[97. Procurement of buoy chain.
[98. National Coast Guard Museum.
[99. Enforcement authority.
[100. Enforcement of coastwise trade laws.
[101. Appeals and waivers.
[102. Agreements.
[103. Notification of certain determinations.]
SUBCHAPTER I-GENERAL POWERS
Sec.
501. Secretary; general powers.
502. Delegation of powers by the Secretary.
503. Regulations.
504. Commandant; general powers.
505. Functions and powers vested in the Commandant.
506. Prospective payment of funds necessary to provide medical care.
SUBCHAPTER II-LIFE SAVING AND LAW ENFORCEMENT AUTHORITIES
521. Saving life and property.
522. Law enforcement.
523. Enforcement authority.
524. Enforcement of coastwise trade laws.
525. Special agents of the Coast Guard Investigative Service law
enforcement authority.
526. Stopping vessels; indemnity for firing at or into vessel.
527. Safety of naval vessels.
SUBCHAPTER III-AIDS TO NAVIGATION
541. Aids to navigation authorized.
542. Unauthorized aids to maritime navigation; penalty.
543. Interference with aids to navigation; penalty.
544. Aids to maritime navigation; penalty.
545. Marking of obstructions.
546. Deposit of damage payments.
547. Rewards for apprehension of persons interfering with aids to
navigation.
SUBCHAPTER IV-MISCELLANEOUS
561. Icebreaking in polar regions.
562. Appeals and waivers.
563. Notification of certain determinations.
Sec. 564. Regattas and marine parades.
SUBCHAPTER V-REGULATION OF VESSELS IN TERRITORIAL WATERS OF UNITED
STATES
581. Regulation of anchorage and movement of vessels during national
emergency.
582. Seizure and forfeiture of vessel; fine and imprisonment.
583. Enforcement provisions.
584. Definitions.
SUBCHAPTER I--GENERAL POWERS
Sec. [92] 501. 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 subtitle I of title 40 and
division C (except sections 3302, 3501(b), 3509, 3906, 4710,
and 4711) of subtitle I of title 41 dispose of them;
(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.
Sec. [631] 502. Delegation of powers by the Secretary
The Secretary is authorized to confer or impose upon the
Commandant any of the rights, privileges, powers, or duties, in
respect to the administration of the Coast Guard, vested in or
imposed upon the Secretary by this title or other provisions of
law.
Sec. [633] 503. Regulations
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.
Sec. [93] 504. Commandant; general powers
(a) For the purpose of executing the duties and functions of
the Coast Guard the Commandant may:
(1) maintain water, land, and air patrols, and ice-
breaking facilities;
(2) establish and prescribe the purpose of, change
the location of, consolidate, discontinue, re-
establish, maintain, operate, and repair Coast Guard
shore establishments;
(3) assign vessels, aircraft, vehicles, aids to
navigation, equipment, appliances, and supplies to
Coast Guard districts and shore establishments, and
transfer any of the foregoing from one district or
shore establishment to another;
(4) conduct experiments and investigate, or cause to
be investigated, plans, devices, and inventions
relating to the performance of any Coast Guard
function, including research, development, test, or
evaluation related to intelligence systems and
capabilities;
(5) conduct any investigations or studies that may be
of assistance to the Coast Guard in the performance of
any of its powers, duties, or functions;
(6) collect, publish, and distribute information
concerning Coast Guard operations;
(7) conduct or make available to personnel of the
Coast Guard, and to eligible spouses as defined under
section 542, such specialized training and courses of
instruction, including correspondence courses and the
textbooks, manuals, and other materials required as
part of such training or course of instruction, as may
be necessary or desirable for the good of the service;
(8) design or cause to be designed, cause to be
constructed, accept as gift, or otherwise acquire
patrol boats and other small craft, equip, operate,
maintain, supply, and repair such patrol boats, other
small craft, aircraft, and vehicles, and subject to
applicable regulations under subtitle I of title 40 and
division C (except sections 3302, 3501(b), 3509, 3906,
4710, and 4711) of subtitle I of title 41 dispose of
them;
(9) acquire, accept as gift, maintain, repair, and
discontinue aids to navigation, appliances, equipment,
and supplies;
(10) equip, operate, maintain, supply, and repair
Coast Guard districts and shore establishments;
(11) establish, equip, operate, and maintain shops,
depots, and yards for the manufacture and construction
of aids to navigation, equipment, apparatus, vessels,
vehicles, and aircraft not normally or economically
obtainable from private contractors, and for the
maintenance and repair of any property used by the
Coast Guard;
(12) accept and utilize, in times of emergency in
order to save life or protect property, such voluntary
services as may be offered to the Coast Guard;
(13) rent or lease, under such terms and conditions
as are deemed advisable, for a period not exceeding
five years, such real property under the control of the
Coast Guard as may not be required for immediate use by
the Coast Guard, the monies received from any such
rental or lease, less amount of expenses incurred
(exclusive of governmental personal services), to be
deposited in the fund established under section 687;
(14) grant, under such terms and conditions as are
deemed advisable, permits, licenses, easements, and
rights-of-way over, across, in, and upon lands under
the control of the Coast Guard when in the public
interest and without substantially injuring the
interests of the United States in the property thereby
affected;
(15) establish, install, abandon, re-establish,
reroute, operate, maintain, repair, purchase, or lease
such telephone and telegraph lines and cables, together
with all facilities, apparatus, equipment, structures,
appurtenances, accessories, and supplies used or useful
in connection with the installation, operation,
maintenance, or repair of such lines and cables,
including telephones in residences leased or owned by
the Government of the United States when appropriate to
assure efficient response to extraordinary operational
contingencies of a limited duration, and acquire such
real property rights of way, easements, or attachment
privileges as may be required for the installation,
operation, and maintenance of such lines, cables, and
equipment;
(16) establish, install, abandon, reestablish, change
the location of, operate, maintain, and repair radio
transmitting and receiving stations;
(17) provide medical and dental care for personnel
entitled thereto by law or regulation, including care
in private facilities;
(18) accept, under terms and conditions the
Commandant establishes, the service of an individual
ordered to perform community service under the order of
a Federal, State, or municipal court;
(19) notwithstanding any other law, enter into
cooperative agreements with States, local governments,
non-governmental organizations, and individuals, to
accept and utilize voluntary services for the
maintenance and improvement of natural and historic
resources on, or to benefit natural and historic
research on, Coast Guard facilities, subject to the
requirement that--
(A) the cooperative agreements shall each
provide for the parties to contribute funds or
services on a matching basis to defray the
costs of such programs, projects, and
activities under the agreement; and
(B) a person providing voluntary services
under this subsection shall not be considered a
Federal employee except for purposes of chapter
81 of title 5, United States Code, with respect
to compensation for work-related injuries, and
chapter 171 of title 28, United States Code,
with respect to tort claims;
(20) enter into cooperative agreements with other
Government agencies and the National Academy of
Sciences;
(21) require that any member of the Coast Guard or
Coast Guard Reserve (including a cadet or an applicant
for appointment or enlistment to any of the foregoing
and any member of a uniformed service who is assigned
to the Coast Guard) request that all information
contained in the National Driver Register pertaining to
the individual, as described in section 30304(a) of
title 49, be made available to the Commandant under
section 30305(a) of title 49, may receive that
information, and upon receipt, shall make the
information available to the individual;
(22) provide for the honorary recognition of
individuals and organizations that significantly
contribute to Coast Guard programs, missions, or
operations, including State and local governments and
commercial and nonprofit organizations, and pay for,
using any appropriations or funds available to the
Coast Guard, plaques, medals, trophies, badges, and
similar items to acknowledge such contribution
(including reasonable expenses of ceremony and
presentation);
(23) rent or lease, under such terms and conditions
as are considered by the Secretary to be advisable,
commercial vehicles to transport the next of kin of
eligible retired Coast Guard military personnel to
attend funeral services of the service member at a
national cemetery;
(24) after informing the Secretary, make such
recommendations to the Congress relating to the Coast
Guard as the Commandant considers appropriate; and
(25) enter into cooperative agreements, contracts,
and other agreements with Federal entities and other
public or private entities, including academic
entities, to develop a positioning, navigation, and
timing system to provide redundant capability in the
event Global Positioning System signals are disrupted,
which may consist of an enhanced LORAN system.
(b)(1) Notwithstanding subsection (a)(13), a lease described
in paragraph (2) of this subsection may be for a term of up to
20 years.
(2) A lease referred to in paragraph (1) is a lease--
(A) to the United States Coast Guard Academy
Alumni Association for the construction of an
Alumni Center on the grounds of the United
States Coast Guard Academy; or
(B) to an entity with which the Commandant
has a cooperative agreement under section 4(e)
of the Ports and Waterways Safety Act, and for
which a term longer than 5 years is necessary
to carry out the agreement.
(c) Marine Safety Responsibilities.--In exercising the
Commandant's duties and responsibilities with regard to marine
safety, the individual with the highest rank who meets the
experience qualifications set forth in section 50(a)(3) shall
serve as the principal advisor to the Commandant regarding--
(1) the operation, regulation, inspection,
identification, manning, and measurement of vessels,
including plan approval and the application of load
lines;
(2) approval of materials, equipment, appliances, and
associated equipment;
(3) the reporting and investigation of marine
casualties and accidents;
(4) the licensing, certification, documentation,
protection and relief of merchant seamen;
(5) suspension and revocation of licenses and
certificates;
(6) enforcement of manning requirements, citizenship
requirements, control of log books;
(7) documentation and numbering of vessels;
(8) State boating safety programs;
(9) commercial instruments and maritime liens;
(10) the administration of bridge safety;
(11) administration of the navigation rules;
(12) the prevention of pollution from vessels;
(13) ports and waterways safety;
(14) waterways management; including regulation for
regattas and marine parades;
(15) aids to navigation; and
(16) other duties and powers of the Secretary related
to marine safety and stewardship.
(d) Other Authority Not Affected.--Nothing in subsection (c)
affects--
(1) the authority of Coast Guard officers and members
to enforce marine safety regulations using authority
under section 89 of this title; or
(2) the exercise of authority under section 91 of
this title and the provisions of law codified at
sections 191 through 195 of title 50 on the date of
enactment of this paragraph.
(e) Operation and Maintenance of Coast Guard Assets and
Facilities.--All authority, including programmatic budget
authority, for the operation and maintenance of Coast Guard
vessels, aircraft, systems, aids to navigation, infrastructure,
and other assets or facilities shall be allocated to and vested
in the Coast Guard and the department in which the Coast Guard
is operating.
(f) Leasing of Tidelands and Submerged Lands.--
(1) Authority.--The Commandant may lease under
subsection (a)(13) submerged lands and tidelands under
the control of the Coast Guard without regard to the
limitation under that subsection with respect to lease
duration.
(2) Limitation.--The Commandant may lease submerged
lands and tidelands under paragraph (1) only if--
(A) the lease is for cash exclusively;
(B) the lease amount is equal to the fair
market value of the use of the leased submerged
lands or tidelands for the period during which
such lands are leased, as determined by the
Commandant;
(C) the lease does not provide authority to
or commit the Coast Guard to use or support any
improvements to such submerged lands and
tidelands, or obtain goods and services from
the lessee; and
(D) proceeds from the lease are deposited in
the Coast Guard Housing Fund established under
section 687.
Sec. [632] 505. 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.
Sec. [520] 506. Prospective payment of funds necessary to provide
medical care
(a) Prospective payment required In lieu of the reimbursement
required under section 1085 of title 10, the Secretary of
Homeland Security shall make a prospective payment to the
Secretary of Defense of an amount that represents the actuarial
valuation of treatment or care--
(1) that the Department of Defense shall provide to
members of the Coast Guard, former members of the Coast
Guard, and dependents of such members and former
members (other than former members and dependents of
former members who are a Medicare-eligible beneficiary
or for whom the payment for treatment or care is made
from the Medicare-Eligible Retiree Health Care Fund) at
facilities under the jurisdiction of the Department of
Defense or a military department; and
(2) for which a reimbursement would otherwise be made
under section 1085.
(b) Amount The amount of the prospective payment under
subsection (a) shall be--
(1) in the case of treatment or care to be provided
to members of the Coast Guard and their dependents,
derived from amounts appropriated for the operating
expenses of the Coast Guard;
(2) in the case of treatment or care to be provided
former members of the Coast Guard and their dependents,
derived from amounts appropriated for retired pay;
(3) determined under procedures established by the
Secretary of Defense;
(4) paid during the fiscal year in which treatment or
care is provided; and
(5) subject to adjustment or reconciliation as the
Secretaries determine appropriate during or promptly
after such fiscal year in cases in which the
prospective payment is determined excessive or
insufficient based on the services actually provided.
(c) No prospective payment when service in Navy No
prospective payment shall be made under this section for any
period during which the Coast Guard operates as a service in
the Navy.
(d) Relationship to TRICARE This section shall not be
construed to require a payment for, or the prospective payment
of an amount that represents the value of, treatment or care
provided under any TRICARE program.
SUBCHAPTER II--LIFE SAVING AND LAW ENFORCEMENT AUTHORITIES
Sec. [88] 521. Saving life and property
(a) In order to render aid to distressed persons, vessels,
and aircraft on and under the high seas and on and under the
waters over which the United States has jurisdiction and in
order to render aid to persons and property imperiled by flood,
the Coast Guard may:
(1) perform any and all acts necessary to rescue and
aid persons and protect and save property;
(2) take charge of and protect all property saved
from marine or aircraft disasters, or floods, at which
the Coast Guard is present, until such property is
claimed by persons legally authorized to receive it or
until otherwise disposed of in accordance with law or
applicable regulations, and care for bodies of those
who may have perished in such catastrophes;
(3) furnish clothing, food, lodging, medicines, and
other necessary supplies and services to persons
succored by the Coast Guard; and
(4) destroy or tow into port sunken or floating
dangers to navigation.
(b)(1) Subject to paragraph (2), the Coast Guard may render
aid to persons and protect and save property at any time and at
any place at which Coast Guard facilities and personnel are
available and can be effectively utilized.
(2) The Commandant shall make full use of all
available and qualified resources, including the Coast
Guard Auxiliary and individuals licensed by the
Secretary pursuant to section 8904(b) of title 46,
United States Code, in rendering aid under this
subsection in nonemergency cases.
(c) An individual who knowingly and willfully communicates a
false distress message to the Coast Guard or causes the Coast
Guard to attempt to save lives and property when no help is
needed is--
(1) guilty of a class D felony;
(2) subject to a civil penalty of not more than
$10,000; and
(3) liable for all costs the Coast Guard incurs as a
result of the individual's action.
(d) The Secretary shall establish a helicopter rescue
swimming program for the purpose of training selected Coast
Guard personnel in rescue swimming skills, which may include
rescue diver training.
(e) An individual who knowingly and willfully operates a
device with the intention of interfering with the broadcast or
reception of a radio, microwave, or other signal (including a
signal from a global positioning system) transmitted,
retransmitted, or augmented by the Coast Guard for the purpose
of maritime safety is--
(1) guilty of a class E felony; and
(2) subject to a civil penalty of not more than
$1,000 per day for each violation.
Sec. [89] 522. Law enforcement
(a) The Coast Guard may make inquiries, examinations,
inspections, searches, seizures, and arrests upon the high seas
and waters over which the United States has jurisdiction, for
the prevention, detection, and suppression of violations of
laws of the United States. For such purposes, commissioned,
warrant, and petty officers may at any time go on board of any
vessel subject to the jurisdiction, or to the operation of any
law, of the United States, address inquiries to those on board,
examine the ship's documents and papers, and examine, inspect,
and search the vessel and use all necessary force to compel
compliance. When from such inquiries, examination, inspection,
or search it appears that a breach of the laws of the United
States rendering a person liable to arrest is being, or has
been committed, by any person, such person shall be arrested
or, if escaping to shore, shall be immediately pursued and
arrested on shore, or other lawful and appropriate action shall
be taken; or, if it shall appear that a breach of the laws of
the United States has been committed so as to render such
vessel, or the merchandise, or any part thereof, on board of,
or brought into the United States by, such vessel, liable to
forfeiture, or so as to render such vessel liable to a fine or
penalty and if necessary to secure such fine or penalty, such
vessel or such merchandise, or both, shall be seized.
(b) The officers of the Coast Guard insofar as they are
engaged, pursuant to the authority contained in this section,
in enforcing any law of the United States shall:
(1) be deemed to be acting as agents of the
particular executive department or independent
establishment charged with the administration of the
particular law; and
(2) be subject to all the rules and regulations
promulgated by such department or independent
establishment with respect to the enforcement of that
law.
(c) The provisions of this section are in addition to any
powers conferred by law upon such officers, and not in
limitation of any powers conferred by law upon such officers,
or any other officers of the United States.
Sec. [99] 523. Enforcement authority
Subject to guidelines approved by the Secretary, members of
the Coast Guard, in the performance of official duties, may--
(1) carry a firearm; and
(2) while at a facility (as defined in section 70101
of title 46)--
(A) make an arrest without warrant for any
offense against the United States committed in
their presence; and
(B) seize property as otherwise provided by
law.
Sec. [100] 524. Enforcement of coastwise trade laws
Officers and members of the Coast Guard are authorized to
enforce chapter 551 of title 46. The Secretary shall establish
a program for these officers and members to enforce that
chapter.
Sec. [95] 525. Special agents of the Coast Guard Investigative Service
law enforcement authority
(a)(1) A special agent of the Coast Guard Investigative
Service designated under subsection (b) has the following
authority:
(A) To carry firearms.
(B) To execute and serve any warrant or other
process issued under the authority of the
United States.
(C) To make arrests without warrant for--
(i) any offense against the United
States committed in the agent's
presence; or
(ii) any felony cognizable under the
laws of the United States if the agent
has probable cause to believe that the
person to be arrested has committed or
is committing the felony.
(2) The authorities provided in paragraph (1) shall
be exercised only in the enforcement of statutes for
which the Coast Guard has law enforcement authority, or
in exigent circumstances.
(b) The Commandant may designate to have the authority
provided under subsection (a) any special agent of the Coast
Guard Investigative Service whose duties include conducting,
supervising, or coordinating investigation of criminal activity
in programs and operations of the United States Coast Guard.
(c) The authority provided under subsection (a) shall be
exercised in accordance with guidelines prescribed by the
Commandant and approved by the Attorney General and any other
applicable guidelines prescribed by the Secretary or the
Attorney General.
Sec. [637] 526. Stopping vessels; indemnity for firing at or into
vessel
(a)(1) Whenever any vessel liable to seizure or examination
does not stop on being ordered to do so or on being pursued by
an authorized vessel or authorized aircraft which has displayed
the ensign, pennant, or other identifying insignia prescribed
for an authorized vessel or authorized aircraft, the person in
command or in charge of the authorized vessel or authorized
aircraft may, subject to paragraph (2), fire at or into the
vessel which does not stop.
(2) Before firing at or into a vessel as authorized
in paragraph (1), the person in command or in charge of
the authorized vessel or authorized aircraft shall fire
a gun as a warning signal, except that the prior firing
of a gun as a warning signal is not required if that
person determines that the firing of a warning signal
would unreasonably endanger persons or property in the
vicinity of the vessel to be stopped.
(b) The person in command of an authorized vessel or
authorized aircraft and all persons acting under that person's
direction shall be indemnified from any penalties or actions
for damages for firing at or into a vessel pursuant to
subsection (a). If any person is killed or wounded by the
firing, and the person in command of the authorized vessel or
authorized aircraft or any person acting pursuant to their
orders is prosecuted or arrested therefor, they shall be
forthwith admitted to bail.
(c) A vessel or aircraft is an authorized vessel or
authorized aircraft for purposes of this section if--
(1) it is a Coast Guard vessel or aircraft;
(2) it is a surface naval vessel or military aircraft
on which one or more members of the Coast Guard are
assigned pursuant to section 379 of title 10; or
(3) it is any other vessel or aircraft on government
noncommercial service when--
(A) the vessel or aircraft is under the
tactical control of the Coast Guard; and
(B) at least one member of the Coast Guard is
assigned and conducting a Coast Guard mission
on the vessel or aircraft.
Sec. [91] 527. Safety of naval vessels
(a) The Secretary may control the anchorage and movement of
any vessel in the navigable waters of the United States to
ensure the safety or security of any United States naval vessel
in those waters.
(b) If the Secretary does not exercise the authority in
subsection (a) of this section and immediate action is
required, the senior naval officer present in command may
control the anchorage or movement of any vessel in the
navigable waters of the United States to ensure the safety and
security of any United States naval vessel under the officer's
command.
(c) If a person violates, or a vessel is operated in
violation of, this section or a regulation or order issued
under this section, the person or vessel is subject to the
enforcement provisions in section 13 of the Ports and Waterways
Safety Act (33 U.S.C. 1232).
(d) As used in this section ``navigable waters of the United
States'' includes all waters of the territorial sea of the
United States as described in Presidential Proclamation No.
5928 of December 27, 1988.
SUBCHAPTER III--AIDS TO NAVIGATION
Sec. [81] 541. Aids to navigation authorized
In order to aid navigation and to prevent disasters,
collisions, and wrecks of vessels and aircraft, the Coast Guard
may establish, maintain, and operate:
(1) aids to maritime navigation required to serve the
needs of the armed forces or of the commerce of the
United States;
(2) aids to air navigation required to serve the
needs of the armed forces of the United States peculiar
to warfare and primarily of military concern as
determined by the Secretary of Defense or the Secretary
of any department within the Department of Defense and
as required by any of those officials; and
(3) electronic aids to navigation systems (a)
required to serve the needs of the armed forces of the
United States peculiar to warfare and primarily of
military concern as determined by the Secretary of
Defense or any department within the Department of
Defense; or (b) required to serve the needs of the
maritime commerce of the United States; or (c) required
to serve the needs of the air commerce of the United
States as requested by the Administrator of the Federal
Aviation Administration.
These aids to navigation other than electronic aids to
navigation systems shall be established and operated only
within the United States, the waters above the Continental
Shelf, the territories and possessions of the United States,
the Trust Territory of the Pacific Islands, and beyond the
territorial jurisdiction of the United States at places where
naval or military bases of the United States are or may be
located. The Coast Guard may establish, maintain, and operate
aids to maritime navigation under paragraph (1) of this section
by contract with any person, public body, or instrumentality.
Sec. [83] 542. Unauthorized aids to maritime navigation; penalty
No person, or public body, or instrumentality, excluding the
armed services, shall establish, erect, or maintain any aid to
maritime navigation in or adjacent to the waters subject to the
jurisdiction of the United States, its territories or
possessions, or the Trust Territory of the Pacific Islands, or
on the high seas if that person, or public body, or
instrumentality is subject to the jurisdiction of the United
States, without first obtaining authority to do so from the
Coast Guard in accordance with applicable regulations. Whoever
violates the provisions of this section or any of the
regulations issued by the Secretary in accordance herewith
shall be guilty of a misdemeanor and shall be fined not more
than $1,500 for each offense. Each day during which such
violation continues shall be considered as a new offense.
Sec. [84] 543. Interference with aids to navigation; penalty
It shall be unlawful for any person, or public body, or
instrumentality, excluding the armed forces, to remove, change
the location of, obstruct, wilfully damage, make fast to, or
interfere with any aid to navigation established, installed,
operated, or maintained by the Coast Guard pursuant to section
81 of this title, or with any aid to navigation lawfully
maintained under authority granted by the Coast Guard pursuant
to section 83 of this title, or to anchor any vessel in any of
the navigable waters of the United States so as to obstruct or
interfere with range lights maintained therein. Whoever
violates the provisions of this section shall be guilty of a
misdemeanor and shall be fined not more than $1,500 for each
offense. Each day during which such violation shall continue
shall be considered as a new offense.
Sec. [85] 544. Aids to maritime navigation; penalty
The Secretary shall prescribe and enforce necessary and
reasonable rules and regulations, for the protection of
maritime navigation, relative to the establishment,
maintenance, and operation of lights and other signals on fixed
and floating structures in or over waters subject to the
jurisdiction of the United States and in the high seas for
structures owned or operated by persons subject to the
jurisdiction of the United States. Any owner or operator of
such a structure, excluding an agency of the United States, who
violates any of the rules or regulations prescribed hereunder,
commits a misdemeanor and shall be punished, upon conviction
thereof, by a fine of not exceeding $1,500 for each day which
such violation continues.
Sec. [86] 545. Marking of obstructions
The Secretary may mark for the protection of navigation any
sunken vessel or other obstruction existing on the navigable
waters or waters above the continental shelf of the United
States in such manner and for so long as, in his judgment, the
needs of maritime navigation require. The owner of such an
obstruction shall be liable to the United States for the cost
of such marking until such time as the obstruction is removed
or its abandonment legally established or until such earlier
time as the Secretary may determine. All moneys received by the
United States from the owners of obstructions, in accordance
with this section, shall be covered into the Treasury of the
United States as miscellaneous receipts. This section shall not
be construed so as to relieve the owner of any such obstruction
from the duty and responsibility suitably to mark the same and
remove it as required by law.
Sec. [642] 546. Deposit of damage payments
Whenever an aid to navigation or other property belonging to
the Coast Guard is damaged or destroyed by a private person,
and such private person or his agent shall pay to the
satisfaction of the proper official of the Coast Guard for the
cost of repair or replacement of such property, the Commandant
may accept and deposit such payments, through proper officers
of the Fiscal Service, Treasury Department, in special deposit
accounts in the Treasury, for payment therefrom to the person
or persons repairing or replacing the damaged property and
refundment of amounts collected in excess of the cost of the
repairs or replacements concerned. In the event that repair or
replacement of the damaged property is effected by the Coast
Guard, the appropriations bearing the cost thereof and current
at the time collection is made shall be reimbursed from the
special deposit account.
Sec. [643] 547. Rewards for apprehension of persons interfering with
aids to navigation
The Coast Guard may offer and pay rewards for the
apprehension and conviction, or for information helpful
therein, of persons found interfering in violation of law with
aids to navigation maintained by the Coast Guard; or for
information leading to the discovery of missing Coast Guard
property or to recovery thereof.
SUBCHAPTER IV--MISCELLANEOUS
Sec. [87] 561. Icebreaking in polar regions
The President shall facilitate planning for the design,
procurement, maintenance, deployment, and operation of
icebreakers as needed to support the statutory missions of the
Coast Guard in the polar regions by allocating all funds to
support icebreaking operations in such regions, except for
recurring incremental costs associated with specific projects,
to the Coast Guard.
Sec. [101] 562. Appeals and waivers
Except for the Commandant of the Coast Guard, any individual
adjudicating an appeal or waiver of a decision regarding marine
safety, including inspection or manning and threats to the
environment, shall--
(1) be a qualified specialist with the training,
experience, and qualifications in marine safety to
effectively judge the facts and circumstances involved
in the appeal and make a judgment regarding the merits
of the appeal; or
(2) have a senior staff member who--
(A) meets the requirements of paragraph (1);
(B) actively advises the individual
adjudicating the appeal; and
(C) concurs in writing on the decision on
appeal.
Sec. [103] 563. Notification of certain determinations
(a) In General.--At least 90 days prior to making a final
determination that a waterway, or a portion thereof, is
navigable for purposes of the jurisdiction of the Coast Guard,
the Commandant shall provide notification regarding the
proposed determination to--
(1) the Governor of each State in which such
waterway, or portion thereof, is located;
(2) the public; and
(3) the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(b) Content Requirement.--Each notification provided under
subsection (a) to an entity specified in paragraph (3) of that
subsection shall include--
(1) an analysis of whether vessels operating on the
waterway, or portion thereof, subject to the proposed
determination are subject to inspection or similar
regulation by State or local officials;
(2) an analysis of whether operators of commercial
vessels on such waterway, or portion thereof, are
subject to licensing or similar regulation by State or
local officials; and
(3) an estimate of the annual costs that the Coast
Guard may incur in conducting operations on such
waterway, or portion thereof.
Sec. 564. Regattas and marine parades
(a) In General.--The Commandant of the Coast Guard may issue
regulations to promote the safety of life on navigable waters
during regattas or marine parades.
(b) Detail and Use of Vessels.--To enforce regulations issued
under this section--
(1) the Commandant may detail any public vessel in
the service of the Coast Guard and make use of any
private vessel tendered gratuitously for that purpose;
and
(2) upon the request of the Commandant, the head of
any other Federal department or agency may enforce the
regulations by means of any public vessel of such
department and any private vessel tendered gratuitously
for that purpose.
(c) Transfer of Authority.--The authority of the Commandant
under this section may be transferred by the President for any
special occasion to the head of another Federal department or
agency whenever in the President's judgment such transfer is
desirable.
(d) Penalties.--
(1) In general.--For any violation of regulations
issued pursuant to this section the following penalties
shall be incurred:
(A) A licensed officer shall be liable to
suspension or revocation of license in the
manner prescribed by law for incompetency or
misconduct.
(B) Any person in charge of the navigation of
a vessel other than a licensed officer shall be
liable to a penalty of $5,000.
(C) The owner of a vessel (including any
corporate officer of a corporation owning the
vessel) actually on board shall be liable to a
penalty of $5,000, unless the violation of
regulations occurred without the owner's
knowledge.
(D) Any other person shall be liable to a
penalty of $2,500.
(2) Mitigation or remission.--The Commandant may
mitigate or remit any penalty provided for in this
subsection in the manner prescribed by law for the
mitigation or remission of penalties for violation of
the navigation laws.
SUBCHAPTER V--REGULATION OF VESSELS IN TERRITORIAL WATERS OF UNITED
STATES
Sec. 581. Regulation of anchorage and movement of vessels during
national emergency
Whenever the President by proclamation or Executive order
declares a national emergency to exist by reason of actual or
threatened war, insurrection, or invasion, or disturbance or
threatened disturbance of the international relations of the
United States, or whenever the Attorney General determines that
an actual or anticipated mass migration of aliens en route to,
or arriving off the coast of, the United States presents urgent
circumstances requiring an immediate Federal response, the
Secretary may make, subject to the approval of the President,
rules and regulations governing the anchorage and movement of
any vessel, foreign or domestic, in the territorial waters of
the United States, may inspect such vessel at any time, place
guards thereon, and, if necessary in his opinion in order to
secure such vessels from damage or injury, or to prevent damage
or injury to any harbor or waters of the United States, or to
secure the observance of the rights and obligations of the
United States, may take, by and with the consent of the
President, for such purposes, full possession and control of
such vessel and remove therefrom the officers and crew thereof
and all other persons not specially authorized by him to go or
remain on board thereof.
Whenever the President finds that the security of the United
States dent. is endangered by reason of actual or threatened
war, or invasion, or insurrection, or subversive activity, or
of disturbances or threatened disturbances of the international
relations of the United States, the President is authorized to
institute such measures and issue such rules and regulations--
(a) to govern the anchorage and movement of any
foreign-flag vessels in the territorial waters of the
United States, to inspect such vessels at any time, to
place guards thereon, and, if necessary in his opinion
in order to secure such vessels from damage or injury,
or to prevent damage or injury to any harbor or waters
of the United States, or to secure the observance of
rights and obligations of the United States, may take
for such purposes full possession and control of such
vessels and remove therefrom the officers and crew
thereof, and all other persons not especially
authorized by him to go or remain on board thereof;
(b) to safeguard against destruction, loss, or injury
from sabotage or other subversive acts, accidents, or
other causes of similar nature, vessels, harbors,
ports, and waterfront facilities in the United States
and all territory and water, continental or insular,
subject to the jurisdiction of the United States.
The President may delegate the authority to issue such rules
and regulations to the Secretary. Any appropriation available
to any of the Executive Departments shall be available to carry
out the provisions of this subchapter.
Sec. 582. Seizure and forfeiture of vessel; fine and imprisonment
(a) In General.--If any owner, agent, master, officer, or
person in charge, or any member of the crew of any such vessel
fails to comply with any regulation or rule issued or order
given under the provisions of this subchapter, or obstructs or
interferes with the exercise of any power conferred by this
subchapter, the vessel, together with her tackle, apparel,
furniture, and equipment, shall be subject to seizure and
forfeiture to the United States in the same manner as
merchandise is forfeited for violation of the customs revenue
laws; and the person guilty of such failure, obstruction, or
interference shall be punished by imprisonment for not more
than ten years and may, in the discretion of the court, be
fined not more than $10,000.
(b) Application to Others.--If any other person knowingly
fails to comply with any regulation or rule issued or order
given under the provisions of this subchapter, or knowingly
obstructs or interferes with the exercise of any power
conferred by this subchapter, he shall be punished by
imprisonment for not more than ten years and may, at the
discretion of the court, be fined not more than $10,000.
(c) Civil Penalty.--A person violating this subchapter, or a
regulation prescribed under this subchapter, shall be liable to
the United States Government for a civil penalty of not more
than $25,000 for each violation. Each day of a continuing
violation shall constitute a separate violation.
(d) In Rem Liability.--Any vessel that is used in violation
of this subchapter, or of any regulation issued under this
subchapter, shall be liable in rem for any civil penalty
assessed pursuant to subsection (c) and may be proceeded
against in the United States district court for any district in
which such vessel may be found.
(e) Withholding of Clearance.--
(1) In general.--If any owner, agent, master,
officer, or person in charge of a vessel is liable for
a penalty or fine under subsection (c), or if
reasonable cause exists to believe that the owner,
agent, master, officer, or person in charge may be
subject to a penalty or fine under this section, the
Secretary may, with respect to such vessel, refuse or
revoke any clearance required by section 4197 of the
Revised Statutes of the United States (46 U.S.C. App.
91).
(2) Clearance upon filing of bond or other surety.--
The Secretary may require the filing of a bond or other
surety as a condition of granting clearance refused or
revoked under this subsection.
Sec. 583. Enforcement provisions
The President may employ such departments, agencies,
officers, or instrumentalities of the United States as he may
deem necessary to carry out this subchapter.
Sec. 584. Definitions
In this subchapter:
(1) United states.--The term ``United States''
includes all territory and waters, continental or
insular, subject to the jurisdiction of the United
States.
(2) Territorial waters.--The term ``territorial
waters of the United States'' includes all waters of
the territorial sea of the United States as described
in Presidential Proclamation 5928 of December 27, 1988.
CHAPTER 7--COOPERATION [WITH OTHER AGENCIES]
[Sec.
[141. Cooperation with other agencies, States, territories, and
political subdivisions.
[142. State Department.
[143. Treasury Department.
[144. Department of the Army and Department of the Air Force.
[145. Navy Department.
[146. United States Postal Service.
[147. Department of Commerce.
[147a. Department of Health and Human Services.
[148. Maritime instruction.
[149. Assistance to foreign governments and maritime authorities.
[150. Coast Guard officers as attaches to missions.
[151. Contracts with Government-owned establishments for work and
material.
[152. Nonappropriated fund instrumentalities: contracts with other
agencies and instrumentalities to provide or obtain goods and
services.
[153. Appointment of judges.
[154. Arctic maritime domain awareness.]
Sec.
701. Cooperation with other agencies, States, territories, and political
subdivisions.
702. State Department.
703. Treasury Department.
704. Department of the Army and Department of the Air Force.
705. Navy Department.
706. United States Postal Service.
707. Department of Commerce.
708. Department of Health and Human Services.
709. Maritime instruction.
710. Assistance to foreign governments and maritime authorities.
711. Coast Guard officers as attaches to missions.
712. Contracts with Government-owned establishments for work and
material.
713. Nonappropriated fund instrumentalities: contracts with other
agencies and instrumentalities to provide or obtain goods and
services.
714. Appointment of judges.
715. Arctic maritime domain awareness.
716. Oceanographic research.
717. Arctic maritime transportation.
718. Agreements.
Sec. [141] 701. Cooperation with other agencies, States, territories,
and political subdivisions
(a) The Coast Guard may, when so requested by proper
authority, utilize its personnel and facilities (including
members of the Auxiliary and facilities governed under chapter
[23] 39) to assist any Federal agency, State, Territory,
possession, or political subdivision thereof, or the District
of Columbia, to perform any activity for which such personnel
and facilities are especially qualified. The Commandant may
prescribe conditions, including reimbursement, under which
personnel and facilities may be provided under this subsection.
(b) The Coast Guard, with the consent of the head of the
agency concerned, may avail itself of such officers and
employees, advice, information, and facilities of any Federal
agency, State, Territory, possession, or political subdivision
thereof, or the District of Columbia as may be helpful in the
performance of its duties. In connection with the utilization
of personal services of employees of state or local
governments, the Coast Guard may make payments for necessary
traveling and per diem expenses as prescribed for Federal
employees by the standardized Government travel regulations.
Sec. [142] 702. State Department
The Coast Guard, through the Secretary, may exchange
information, through the Secretary of State, with foreign
governments and suggest to the Secretary of State international
collaboration and conferences on all matters dealing with the
safety of life and property at sea, other than radio
communication.
Sec. [143] 703. Treasury Department
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.
Sec. [144] 704. Department of the Army and Department of the Air Force
(a) The Secretary of the Army or the Secretary of the Air
Force at the request of the Secretary may, with or without
reimbursement for the cost thereof, as agreed, receive members
of the Coast Guard for instruction in any school, including any
aviation school, maintained by the Army or the Air Force, and
such members shall be subject to the regulations governing such
schools.
(b) Officers and enlisted men of the Coast Guard shall be
permitted to purchase quartermaster supplies from the Army at
the same price as is charged the officers and enlisted men of
the Army.
(c) Articles of ordnance property may be sold by the
Secretary of the Army to officers of the Coast Guard for their
use in the public service in the same manner as these articles
are sold to officers of the Army.
Sec. [145] 705. Navy Department
(a) The Secretary of the Navy, at the request of the
Secretary may, with or without reimbursement for the cost
thereof, as agreed:
(1) build any vessel for the Coast Guard at such Navy
yards as the Secretary of the Navy may designate;
(2) receive members of the Coast Guard for
instruction in any school, including any aviation
school maintained by the Navy, and such members shall
be subject to the regulations governing such schools;
(3) permit personnel of the Coast Guard and their
dependents to occupy any public quarters maintained by
the Navy and available for the purpose; and
(4) detail personnel from the Chaplain Corps to
provide services, pursuant to section 1789 of title 10,
to the Coast Guard.
(b) Officers and enlisted men of the Coast Guard shall be
permitted to purchase quartermaster supplies from the Navy and
the Marine Corps at the same price as is charged the officers
and enlisted men of the Navy and Marine Corps.
(c) When the Coast Guard is operating in the Department of
Homeland Security, the Secretary shall provide for such
peacetime training and planning of reserve strength and
facilities as is necessary to insure an organized, manned, and
equipped Coast Guard when it is required for wartime operation
in the Navy. To this end, the Secretary of the Navy for the
Navy, and the Secretary of Homeland Security, for the Coast
Guard, may from time to time exchange such information, make
available to each other such personnel, vessels, facilities,
and equipment, and agree to undertake such assignments and
functions for each other as they may agree are necessary and
advisable.
(d)(1) As part of the services provided by the Secretary of
the Navy pursuant to subsection (a)(4), the Secretary may
provide support services to chaplain-led programs to assist
members of the Coast Guard on active duty and their dependents,
and members of the reserve component in an active status and
their dependents, in building and maintaining a strong family
structure.
(2) In this subsection, the term ``support services''
include transportation, food, lodging, child care,
supplies, fees, and training materials for members of
the Coast Guard on active duty and their dependents,
and members of the reserve component in an active
status and their dependents, while participating in
programs referred to in paragraph (1), including
participation at retreats and conferences.
(3) In this subsection, the term ``dependents'' has
the same meaning as defined in section 1072(2) of title
10.
Sec. [146] 706. United States Postal Service
Coast Guard facilities and personnel may be utilized for the
transportation and delivery of mail matter during emergency
conditions or at isolated locations under such arrangements as
may be satisfactory to the Secretary and the United States
Postal Service.
Sec. [147] 707. Department of Commerce
In order to promote the safety of life and property on and
over the high seas and waters over which the United States has
jurisdiction, and to facilitate the preparation and
dissemination by the National Oceanic and Atmospheric
Administration of the weather reports, forecasts, and warnings
essential to the safe and efficient conduct of domestic and
international commerce on and over such seas and waters, the
Commandant may cooperate with the Administrator, National
Oceanic and Atmospheric Administration by procuring,
maintaining, and making available, facilities and assistance
for observing, investigating, and communicating weather
phenomena and for disseminating weather data, forecasts and
warnings, the mutually satisfactory terms of such cooperation
in weather service to be agreed upon and arranged between the
Commandant and the Administrator, National Oceanic and
Atmospheric Administration.
Sec. [147a] 708. Department of Health and Human Services
(a) The Commandant may assist the Secretary of Health and
Human Services in providing medical emergency helicopter
transportation services to civilians. The Commandant may
prescribe conditions, including reimbursement, under which
resources may be provided under this section. The following
specific limitations apply to assistance provided under this
section:
(1) Assistance may be provided only in areas where
Coast Guard units able to provide the assistance are
regularly assigned. Coast Guard units may not be
transferred from one area to another to provide the
assistance.
(2) Assistance may be provided only to the extent it
does not interfere with the performance of the Coast
Guard mission.
(3) Providing assistance may not cause an increase in
amounts required for the operation of the Coast Guard.
(b) An individual (or the estate of that individual) who is
authorized by the Coast Guard to provide a service under a
program established under subsection (a) and who is acting
within the scope of that individual's duties is not liable for
injury to, or loss of, property or personal injury or death
that may be caused incident to providing the service.
Sec. [148] 709. Maritime instruction
The Coast Guard may, when so requested by proper authority,
detail members for duty in connection with maritime instruction
and training by the several States, Territories, the District
of Columbia, and Puerto Rico, and when requested by the
Maritime Administrator, detail persons in the Coast Guard for
duty in connection with maritime instruction and training by
the United States. The service rendered by any person so
detailed shall be considered Coast Guard duty.
Sec. [149] 710. Assistance to foreign governments and maritime
authorities
(a) Detail of Members to Assist Foreign Governments.--The
President may upon application from the foreign governments
concerned, and whenever in his discretion the public interests
render such a course advisable, detail members of the Coast
Guard to assist foreign governments in matters concerning which
the Coast Guard may be of assistance.
(b) Technical Assistance to Foreign Maritime Authorities.--
The Commandant, in coordination with the Secretary of State,
may provide, in conjunction with regular Coast Guard
operations, technical assistance (including law enforcement and
maritime safety and security training) to foreign navies, coast
guards, and other maritime authorities.
(c) Grants to International Maritime Organizations.--After
consultation with the Secretary of State, the Commandant may
make grants to, or enter into cooperative agreements,
contracts, or other agreements with, international maritime
organizations for the purpose of acquiring information or data
about merchant vessel inspections, security, safety,
environmental protection, classification, and port state or
flag state law enforcement or oversight.
(d) Authorized Activities.--
(1) The Commandant may use funds for--
(A) the activities of traveling contact
teams, including any transportation expense,
translation services expense, or administrative
expense that is related to such activities;
(B) the activities of maritime authority
liaison teams of foreign governments making
reciprocal visits to Coast Guard units,
including any transportation expense,
translation services expense, or administrative
expense that is related to such activities;
(C) seminars and conferences involving
members of maritime authorities of foreign
governments;
(D) distribution of publications pertinent to
engagement with maritime authorities of foreign
governments; and
(E) personnel expenses for Coast Guard
civilian and military personnel to the extent
that those expenses relate to participation in
an activity described in subparagraph (C) or
(D).
(2) An activity may not be conducted under this
subsection with a foreign country unless the Secretary
of State approves the conduct of such activity in that
foreign country.
(3) The amount of funds used under this subsection
may not exceed $100,000 in any fiscal year.
Sec. [150] 711. Coast Guard officers as attaches to missions
Commissioned officers may, with the consent of the Secretary
of State, be regularly and officially attached to the
diplomatic missions of the United States in those nations with
which the United States is extensively engaged in maritime
commerce. Expenses for the maintenance of such Coast Guard
attaches abroad, including office rental and pay of employees
and allowances for living quarters, including heat, fuel, and
light, may be defrayed by the Coast Guard.
Sec. [151] 712. Contracts with Government-owned establishments for
work and material
(a) In General.--All orders or contracts for work or
material, under authorization of law, placed with Government-
owned establishments by the Coast Guard, shall be considered as
obligations in the same manner as provided for similar orders
or contracts placed with private contractors, and
appropriations for such work or material shall remain available
for payment therefor as in the case of orders or contracts
placed with private contractors.
(b) Orders and Agreements for Industrial Activities.--Under
this section, the Coast Guard industrial activities may accept
orders from and enter into reimbursable agreements with
establishments, agencies, and departments of the Department of
Defense and the Department of Homeland Security.
Sec. [152] 713. Nonappropriated fund instrumentalities: contracts with
other agencies and instrumentalities to provide or
obtain goods and services
The Coast Guard Exchange System, or a morale, welfare, and
recreation system of the Coast Guard, may enter into a contract
or other agreement with any element or instrumentality of the
Coast Guard or with another Federal department, agency, or
instrumentality to provide or obtain goods and services
beneficial to the efficient management and operation of the
Coast Guard Exchange System or that morale, welfare, and
recreation system.
Sec. [153] 714. Appointment of judges
The Secretary may appoint civilian employees of the
department in which the Coast Guard is operating as appellate
military judges, available for assignment to the Coast Guard
Court of Criminal Appeals as provided for in section 866(a) of
title 10.
Sec. [154] 715. Arctic maritime domain awareness
(a) In General.--The Commandant shall improve maritime domain
awareness in the Arctic--
(1) by promoting interagency cooperation and
coordination;
(2) by employing joint, interagency, and
international capabilities; and
(3) by facilitating the sharing of information,
intelligence, and data related to the Arctic maritime
domain between the Coast Guard and departments and
agencies listed in subsection (b).
(b) Coordination.--The Commandant shall seek to coordinate
the collection, sharing, and use of information, intelligence,
and data related to the Arctic maritime domain between the
Coast Guard and the following:
(1) The Department of Homeland Security.
(2) The Department of Defense.
(3) The Department of Transportation.
(4) The Department of State.
(5) The Department of the Interior.
(6) The National Aeronautics and Space
Administration.
(7) The National Oceanic and Atmospheric
Administration.
(8) The Environmental Protection Agency.
(9) The National Science Foundation.
(10) The Arctic Research Commission.
(11) Any Federal agency or commission or State the
Commandant determines is appropriate.
(c) Cooperation.--The Commandant and the head of a department
or agency listed in subsection (b) may by agreement, on a
reimbursable basis or otherwise, share personnel, services,
equipment, and facilities to carry out the requirements of this
section.
(d) 5-year Strategic Plan.--Not later than January 1, 2016
and every 5 years thereafter, the Commandant shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a 5-year strategic plan to
guide interagency and international intergovernmental
cooperation and coordination for the purpose of improving
maritime domain awareness in the Arctic.
(e) Definitions.--In this section the term ``Arctic'' has the
meaning given that term in section 112 of the Arctic Research
and Policy Act of 1984 (15 U.S.C. 4111).
Sec. [94] 716. Oceanographic research
The Coast Guard shall conduct such oceanographic research,
use such equipment or instruments, and collect and analyze such
oceanographic data, in cooperation with other agencies of the
Government, or not, as may be in the national interest.
Sec. [90] 717. Arctic maritime transportation
(a) Purpose.--The purpose of this section is to ensure safe
and secure maritime shipping in the Arctic including the
availability of aids to navigation, vessel escorts, spill
response capability, and maritime search and rescue in the
Arctic.
(b) International Maritime Organization Agreements.--To carry
out the purpose of this section, the Secretary is encouraged to
enter into negotiations through the International Maritime
Organization to conclude and execute agreements to promote
coordinated action among the United States, Russia, Canada,
Iceland, Norway, and Denmark and other seafaring and Arctic
nations to ensure, in the Arctic--
(1) placement and maintenance of aids to navigation;
(2) appropriate marine safety, tug, and salvage
capabilities;
(3) oil spill prevention and response capability;
(4) maritime domain awareness, including long-range
vessel tracking; and
(5) search and rescue.
(c) Coordination by Committee on the Maritime Transportation
System.--The Committee on the Maritime Transportation System
established under section 55501 of title 46, United States
Code, shall coordinate the establishment of domestic
transportation policies in the Arctic necessary to carry out
the purpose of this section.
(d) Agreements and Contracts.--The Secretary may, subject to
the availability of appropriations, enter into cooperative
agreements, contracts, or other agreements with, or make grants
to, individuals and governments to carry out the purpose of
this section or any agreements established under subsection
(b).
(e) Icebreaking.--The Secretary shall promote safe maritime
navigation by means of icebreaking where necessary, feasible,
and effective to carry out the purposes of this section.
(f) Arctic Definition.--In this section, the term ``Arctic''
has the meaning given such term in section 112 of the Arctic
Research and Policy Act of 1984 (15 U.S.C. 4111).
Sec. [102] 718. Agreements
(a) In General.--In carrying out section 93(a)(4), the
Commandant may--
(1) enter into cooperative agreements, contracts, and
other agreements with--
(A) Federal entities;
(B) other public or private entities in the
United States, including academic entities; and
(C) foreign governments with the concurrence
of the Secretary of State; and
(2) impose on and collect from an entity subject to
an agreement or contract under paragraph (1) a fee to
assist with expenses incurred in carrying out such
section.
(b) Deposit and Use of Fees.--Fees collected under this
section shall be deposited in the general fund of the Treasury
as offsetting receipts. The fees may be used, to the extent
provided in advance in an appropriation law, only to carry out
activities under section 93(a)(4).
CHAPTER 9--[COAST GUARD ACADEMY] ADMINISTRATION
[Sec.
[181. Administration of Academy.
[181a. Cadet applicants; preappointment travel to Academy.
[182. Cadets; number, appointment, obligation to serve.
[183. Cadets; initial clothing allowance.
[184. Cadets; degree of bachelor of science.
[185. Cadets; appointment as ensign.
[186. Civilian teaching staff.
[187. Permanent commissioned teaching staff; composition.
[188. Appointment of permanent commissioned teaching staff.
[189. Grade of permanent commissioned teaching staff.
[190. Retirement of permanent commissioned teaching staff.
[191. Credit for service as member of civilian teaching staff.
[192. Assignment of personnel as instructors.
[194. Annual Board of Visitors.
[195. Admission of foreign nationals for instruction; restrictions;
conditions.
[196. Participation in Federal, State, or other educational research
grants.
[197. Cadets: charges and fees for attendance; limitation.
[199. Marine safety curriculum.
[200. Policy on sexual harassment and sexual violence.]
SUBCHAPTER I-REAL AND PERSONAL PROPERTY
Sec.
901. Disposal of certain material.
902. Employment of draftsmen and engineers.
903. Use of certain appropriated funds.
904. Local hire.
905. Procurement authority for family housing.
906. Air Station Cape Cod Improvements.
907. Long-term lease of special purpose facilities.
908. Long-term lease authority for lighthouse property.
909. Small boat station rescue capability.
910. Small boat station closures.
911. Search and rescue center standards.
912. Air facility closures.
913. Turnkey selection procedures.
914. Disposition of infrastructure related to E-LORAN.
SUBCHAPTER II-MISCELLANEOUS
931. Oaths required for boards.
932. Administration of oaths.
933. Coast Guard ensigns and pennants.
934. Penalty for unauthorized use of words ``Coast Guard''.
935. Coast Guard band recordings for commercial sale.
936. Confidentiality of medical quality assurance records; qualified
immunity for participants.
937. Admiralty claims against the United States.
938. Claims for damage to property of the United States.
939. Accounting for industrial work.
940. Supplies and equipment from stock.
941. Coast Guard Supply Fund.
942. Public and commercial vessels and other watercraft; sale of fuel,
supplies, and services.
943. Arms and ammunition; immunity from taxation.
944. Confidential investigative expenses.
945. Assistance to film producers.
946. User fees.
947. Vessel construction bonding requirements.
948. Contracts for medical care for retirees, dependents, and survivors:
alternative delivery of health care.
949. Telephone installation and charges.
950. Designation, powers, and accountability of deputy disbursing
officials.
951. Aircraft accident investigations.
SUBCHAPTER I--REAL AND PERSONAL PROPERTY
Sec. [641] 901. Disposal of certain material
(a) The Commandant subject to applicable regulations under
subtitle I of title 40 and division C (except sections 3302,
3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41
may dispose of, with or without charge, to the Coast Guard
Auxiliary, including any incorporated unit thereof, to the sea-
scout service of the Boy Scouts of America, and to any public
body or private organization not organized for profit having an
interest therein for historical or other special reasons, such
obsolete or other material as may not be needed for the Coast
Guard.
(b) The Commandant may, under regulations prescribed by the
Secretary, sell apparatus or equipment manufactured by or in
use in the Coast Guard, which is not readily procurable in the
open market. The money received from such sale shall be
deposited in the Treasury to the credit of the current
appropriation from which purchase of similar apparatus or
equipment is authorized.
(c)(1) The Commandant may--
(A) provide for the sale of recyclable
materials that the Coast Guard holds;
(B) provide for the operation of recycling
programs at Coast Guard installations; and
(C) designate Coast Guard installations that
have qualified recycling programs for the
purposes of subsection (d)(2).
(2) Recyclable materials shall be sold in accordance
with sections 541-555 of title 40, except that the
Commandant may conduct sales of materials for which the
proceeds of sale will not exceed $5,000 under
regulations prescribed by the Commandant.
(d)(1) Proceeds from the sale of recyclable materials at a
Coast Guard installation shall be credited to funds available
for operations and maintenance at that installation in amounts
sufficient to cover operations, maintenance, recycling
equipment, and overhead costs for processing recyclable
materials at the installation.
(2) If, after funds are credited, a balance remains
available to a Coast Guard installation and the
installation has a qualified recycling program, not
more than 50 percent of that balance may be used at the
installation for projects for pollution abatement,
energy conservation, and occupational safety and health
activities. The cost of the project may not be greater
than 50 percent of the amount permissible for a minor
construction project.
(3) The remaining balance available to a Coast Guard
installation may be transferred to the Coast Guard
Morale, Welfare, and Recreation Program.
(e) If the balance available to the Coast Guard installation
under this section at the end of a fiscal year is in excess of
$200,000, the amount of that excess shall be deposited in the
general fund of the Treasury as offsetting receipts of the
Department in which the Coast Guard is operating and ascribed
to Coast Guard activities.
Sec. [653] 902. Employment of draftsmen and engineers
The Coast Guard may employ temporarily, at the seat of
government, draftsmen and engineers for the preparation of
plans and specifications for vessels, lighthouses, aids to
navigation, and other projects for the Coast Guard that may be
authorized or appropriated for by Congress, to be paid from the
appropriations applicable to such projects.
Sec. [656] 903. Use of certain appropriated funds
(a) Funds appropriated to or for the use of the Coast Guard
for acquisition, construction, and improvement of facilities,
for research, development, test, and evaluation; and for the
alteration of bridges over the navigable waters shall remain
available until expended.
(b) The Secretary may use any funds appropriated to or for
the use of the Coast Guard for other construction purposes to
restore, repair, or replace facilities that have been damaged
or destroyed, including acquisition of sites.
(c) The Secretary may use any funds appropriated to or for
the use of the Coast Guard for other construction purposes to
acquire, construct, convert, extend, and install at Coast Guard
installations and facilities, needed permanent or temporary
public works, including the preparation of sites and the
furnishing of appurtenances, utilities, and equipment, but
excluding the construction of family quarters, costing not more
than $200,000 for any one project.
(d) Minor Construction and Improvement.--
(1) In general.--Subject to the reporting
requirements set forth in paragraph (2), each fiscal
year the Secretary may expend from amounts made
available for the operating expenses of the Coast Guard
not more than $1,500,000 for minor construction and
improvement projects at any location.
(2) Report.--Not later than the date on which the
President submits to Congress a budget under section
1105 of title 31 each year, the Secretary shall submit
to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a
report describing each project carried out under
paragraph (1), in the most recently concluded fiscal
year, for which the amount expended under such
paragraph for such project was more than $1,000,000. If
no such project was carried out during a fiscal year,
no report under this paragraph shall be required with
respect to that fiscal year.
Sec. [666] 904. Local hire
(a) Notwithstanding any other law, each contract awarded by
the Coast Guard for construction or services to be performed in
whole or in part in a State that has an unemployment rate in
excess of the national average rate of unemployment (as
determined by the Secretary of Labor) shall include a provision
requiring the contractor to employ, for the purpose of
performing that portion of the contract in that State,
individuals who are local residents and who, in the case of any
craft or trade, possess or would be able to acquire promptly
the necessary skills. The Secretary of the department in which
the Coast Guard is operating may waive the requirements of this
subsection in the interest of national security or economic
efficiency.
(b) Local Resident Defined As used in this section, ``local
resident'' means a resident of, or an individual who commutes
daily to, a State described in subsection (a).
Sec. [670] 905. Procurement authority for family housing
(a) The Secretary is authorized--
(1) to acquire, subject to the availability of
appropriations sufficient to cover its full
obligations, real property or interests therein by
purchase, lease for a term not to exceed 5 years, or
otherwise, for use as Coast Guard family housing units,
including the acquisition of condominium units, which
may include the obligation to pay maintenance, repair,
and other condominium-related fees; and
(2) to dispose of by sale, lease, or otherwise, any
real property or interest therein used for Coast Guard
family housing units for adequate consideration.
(b)(1) For the purposes of this section, a multiyear contract
is a contract to lease Coast Guard family housing units for at
least one, but not more than 5, fiscal years.
(2) The Secretary may enter into multiyear contracts
under subsection (a) of this section whenever the Coast
Guard finds that--
(A) the use of a contract will promote the
efficiency of the Coast Guard family housing
program and will result in reduced total costs
under the contract; and
(B) there are realistic estimates of both the
cost of the contract and the anticipated cost
avoidance through the use of a multiyear
contract.
(3) A multiyear contract authorized under subsection
(a) of this section shall contain cancellation and
termination provisions to the extent necessary to
protect the best interests of the United States, and
may include consideration of both recurring and
nonrecurring costs. The contract may provide for a
cancellation payment to be made. Amounts that were
originally obligated for the cost of the contract may
be used for cancellation or termination costs.
Sec. [671] 906. Air Station Cape Cod Improvements
The Secretary may expend funds for the repair, improvement,
restoration, or replacement of those federally or nonfederally
owned support buildings, including appurtenances, which are on
leased or permitted real property constituting Coast Guard Air
Station Cape Cod, located on Massachusetts Military
Reservation, Cape Cod, Massachusetts.
Sec. [672] 907. Long-term lease of special purpose facilities
(a) The Secretary is authorized, subject to the availability
of appropriations, to enter into lease agreements to acquire
real property or interests therein for a term not to exceed 20
years, inclusive of any automatic renewal clauses, for special
purpose facilities, including, aids to navigation (hereafter in
this section referred to as ``ATON'') sites, vessel traffic
service (hereafter in this section referred to as ``VTS'')
sensor sites, or National Distress System (hereafter in this
section referred to as ``NDS'') high level antenna sites. These
lease agreements shall include cancellation and termination
provisions to the extent necessary to protect the best
interests of the United States. Cancellation payment provisions
may include consideration of both recurring and nonrecurring
costs associated with the real property interests under the
contract. These lease agreements may provide for a cancellation
payment to be made. Amounts that were originally obligated for
the cost of the contract may be used for cancellation or
termination costs.
(b) For purposes of this section, the term ``special purpose
facilities'' means any facilities used to carry out Coast Guard
aviation, maritime, or navigation missions other than general
purpose office and storage space facilities.
(c) In the case of ATON, VTS, or NDS sites, the Secretary may
enter into multiyear lease agreements under subsection (a) of
this section whenever the Secretary finds that--
(1) the use of such a lease agreement will promote
the efficiency of the ATON, VTS, or NDS programs and
will result in reduced total costs under the agreement;
(2) the minimum need for the real property or
interest therein to be leased is expected to remain
substantially unchanged during the contemplated lease
period; and
(3) the estimates of both the cost of the lease and
the anticipated cost avoidance through the use of a
multiyear lease are realistic.
Sec. [672a] 908. Long-term lease authority for lighthouse property
(a) The Commandant of the Coast Guard may lease to non-
Federal entities, including private individuals, lighthouse
property under the administrative control of the Coast Guard
for terms not to exceed 30 years. Consideration for the use and
occupancy of lighthouse property leased under this section, and
for the value of any utilities and services furnished to a
lessee of such property by the Commandant, may consist, in
whole or in part, of non-pecuniary remuneration including the
improvement, alteration, restoration, rehabilitation, repair,
and maintenance of the leased premises by the lessee. Section
321 of chapter 314 of the Act of June 30, 1932 (40 U.S.C. 303b)
shall not apply to leases issued by the Commandant under this
section.
(b) Amounts received from leases made under this section,
less expenses incurred, shall be deposited in the fund
established under section 687.
Sec. [674] 909. Small boat station rescue capability
The Secretary shall ensure that each Coast Guard small boat
station (including a seasonally operated station) maintains,
within the area of responsibility for the station, at least 1
vessel that is fully capable of performing offshore rescue
operations, taking into consideration prevailing weather,
marine conditions, and depositional geologic features such as
sand bars.
Sec. [675] 910. Small boat station closures
(a) Closures The Secretary may not close a Coast Guard
multimission small boat station or subunit unless the
Secretary--
(1) determines that--
(A) remaining search and rescue capabilities
maintain the safety of the maritime public in
the area of the station or subunit;
(B) regional or local prevailing weather and
marine conditions, including water temperature
or unusual tide and current conditions, do not
require continued operation of the station or
subunit; and
(C) Coast Guard search and rescue standards
related to search and rescue response times are
met; and
(2) provides an opportunity for public comment and
for public meetings in the area of the station or
subunit with regard to the decision to close the
station or subunit.
(b) Operational Flexibility The Secretary may implement any
management efficiencies within the small boat station system,
such as modifying the operational posture of units or
reallocating resources as necessary to ensure the safety of the
maritime public nationwide. No stations or subunits may be
closed under this subsection except in accordance with
subsection (a).
Sec. [676] 911. Search and rescue center standards
(a) The Secretary shall establish, implement, and maintain
the minimum standards necessary for the safe operation of all
Coast Guard search and rescue center facilities, including with
respect to the following:
(1) The lighting, acoustics, and temperature in the
facilities.
(2) The number of individuals on a shift in the
facility assigned search and rescue responsibilities
(including communications), which may be adjusted based
on seasonal workload.
(3) The length of time an individual may serve on
watch to minimize fatigue, based on the best scientific
information available.
(4) The scheduling of individuals having search and
rescue responsibilities to minimize fatigue of the
individual when on duty in the facility.
(5) The workload of each individual engaged in search
and rescue responsibilities in the facility.
(6) Stress management for the individuals assigned
search and rescue responsibilities in the facilities.
(7) The design of equipment and facilities to
minimize fatigue and enhance search and rescue
operations.
(8) The acquisition and maintenance of interim search
and rescue command center communications equipment.
(9) Any other requirements that the Secretary
believes will increase the safe operation of the search
and rescue centers.
(b) Sense of Congress It is the sense of the Congress that
the Secretary should establish, implement, and maintain minimum
standards necessary to ensure that an individual on duty or
watch in a Coast Guard search and rescue command center
facility does not work more than 12 hours in a 24-hour period,
except in an emergency or unforeseen circumstances.
(c) Definition For the purposes of this section, the term
``search and rescue center facility'' means a Coast Guard shore
facility that maintains a search and rescue mission
coordination and communications watch.
Sec. [676a] 912. Air facility closures
(a) Prohibition
(1) In general The Coast Guard may not--
(A) close a Coast Guard air facility that was
in operation on November 30, 2014; or
(B) retire, transfer, relocate, or deploy an
aviation asset from an air facility described
in subparagraph (A) for the purpose of closing
such facility.
(2) Sunset Paragraph (1) shall have no force or
effect beginning on the later of--
(A) January 1, 2018; or
(B) the date on which the Secretary submits
to the Committee on Transportation and
Infrastructure of the House of Representatives,
and to the Committee on Commerce, Science, and
Transportation of the Senate, rotary wing
strategic plans prepared in accordance with
section 208(b) of the Coast Guard Authorization
Act of 2016.
(b) Closures
(1) In general Beginning on January 1, 2018, the
Secretary may not close a Coast Guard air facility,
except as specified by this section.
(2) Determinations The Secretary may not propose
closing or terminating operations at a Coast Guard air
facility unless the Secretary determines that--
(A) remaining search and rescue capabilities
maintain the safety of the maritime public in
the area of the air facility;
(B) regional or local prevailing weather and
marine conditions, including water temperatures
or unusual tide and current conditions, do not
require continued operation of the air
facility; and
(C) Coast Guard search and rescue standards
related to search and response times are met.
(3) Public notice and comment Prior to closing an air
facility, the Secretary shall provide opportunities for
public comment, including the convening of public
meetings in communities in the area of responsibility
of the air facility with regard to the proposed closure
or cessation of operations at the air facility.
(4) Notice to congress Prior to closure, cessation of
operations, or any significant reduction in personnel
and use of a Coast Guard air facility that is in
operation on or after December 31, 2015, the Secretary
shall--
(A) submit to the Congress a proposal for
such closure, cessation, or reduction in
operations along with the budget of the
President submitted to Congress under section
1105(a) of title 31 for the fiscal year in
which the action will be carried out; and
(B) not later than 7 days after the date a
proposal for an air facility is submitted
pursuant to subparagraph (A), provide written
notice of such proposal to each of the
following:
(i) Each member of the House of
Representatives who represents a
district in which the air facility is
located.
(ii) Each member of the Senate who
represents a State in which the air
facility is located.
(iii) Each member of the House of
Representatives who represents a
district in which assets of the air
facility conduct search and rescue
operations.
(iv) Each member of the Senate who
represents a State in which assets of
the air facility conduct search and
rescue operations.
(v) The Committee on Appropriations
of the House of Representatives.
(vi) The Committee on Transportation
and Infrastructure of the House of
Representatives.
(vii) The Committee on Appropriations
of the Senate.
(viii) The Committee on Commerce,
Science, and Transportation of the
Senate.
(c) Operational Flexibility The Secretary may implement any
reasonable management efficiencies within the air station and
air facility network, such as modifying the operational posture
of units or reallocating resources as necessary to ensure the
safety of the maritime public nationwide.
Sec. [677] 913. Turnkey selection procedures
(a) Authority to Use The Secretary may use one-step turnkey
selection procedures for the purpose of entering into contracts
for construction projects.
(b) Definitions In this section, the following definitions
apply:
(1) The term ``one-step turnkey selection
procedures'' means procedures used for the selection of
a contractor on the basis of price and other evaluation
criteria to perform, in accordance with the provisions
of a firm fixed-price contract, both the design and
construction of a facility using performance
specifications supplied by the Secretary.
(2) The term ``construction'' includes the
construction, procurement, development, conversion, or
extension of any facility.
(3) The term ``facility'' means a building,
structure, or other improvement to real property.
Sec. [681] 914. Disposition of infrastructure related to E-LORAN
(a) In General The Secretary may not carry out activities
related to the dismantling or disposal of infrastructure
comprising the LORAN-C system until the date on which the
Secretary provides to the Committee on Transportation and
Infrastructure and the Committee on Appropriations of the House
of Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the
Senate notice of a determination by the Secretary that such
infrastructure is not required to provide a positioning,
navigation, and timing system to provide redundant capability
in the event the Global Positioning System signals are
disrupted.
(b) Exception Subsection (a) does not apply to activities
necessary for the safety of human life.
(c) Disposition of Property
(1) In general On any date after the notification is
made under subsection (a), the Administrator of General
Services, acting on behalf of the Secretary, may,
notwithstanding any other provision of law, sell any
real and personal property under the administrative
control of the Coast Guard and used for the LORAN-C
system, subject to such terms and conditions that the
Secretary believes to be necessary to protect
government interests and program requirements of the
Coast Guard.
(2) Availability of proceeds
(A) Availability of proceeds The proceeds of
such sales, less the costs of sale incurred by
the General Services Administration, shall be
deposited as offsetting collections into the
Coast Guard ``Environmental Compliance and
Restoration'' account and, without further
appropriation, shall be available until
expended for--
(i) environmental compliance and
restoration purposes associated with
the LORAN-C system;
(ii) the costs of securing and
maintaining equipment that may be used
as a backup to the Global Positioning
System or to meet any other Federal
navigation requirement;
(iii) the demolition of improvements
on such real property; and
(iv) the costs associated with the
sale of such real and personal
property, including due diligence
requirements, necessary environmental
remediation, and reimbursement of
expenses incurred by the General
Services Administration.
(B) Other environmental compliance and
restoration activities After the completion of
activities described in subparagraph (A), the
unexpended balances of such proceeds shall be
available for any other environmental
compliance and restoration activities of the
Coast Guard.
SUBCHAPTER II--MISCELLANEOUS
Sec. [635] 931. Oaths required for boards
The members of a retiring board, selection board, examining
board, and any other board authorized to be assembled pursuant
to this title shall be sworn to discharge their duties honestly
and impartially, the oath to be administered to the members by
the President or other presiding officer of the board, and to
him by the junior member or recorder.
Sec. [636] 932. Administration of oaths
(a) Such commissioned and warrant officers of the Coast Guard
as may be designated by the Commandant may, pursuant to rules
prescribed by the Commandant, exercise the general powers of a
notary public in the administration of oaths for the following
purposes:
(1) execution, acknowledgment, and attestation of
instruments and papers, oaths of allegiance in
connection with recruiting, oaths in connection with
courts and boards, and all other notarial acts in
connection with the proper execution of Coast Guard
functions;
(2) execution, acknowledgment, and attestation of
instruments and papers, and all other notarial acts in
time of war or national emergency; and
(3) execution, acknowledgment, and attestation of
instruments and papers, and all other notarial acts in
Alaska and places beyond the continental limits of the
United States where the Coast Guard is serving.
(b) No fee of any character shall be charged by any
commissioned or warrant officer for performing notarial acts.
The signature and indication of grade of any commissioned or
warrant officer performing any notarial act shall be prima
facie evidence of his authority.
Sec. [638] 933. Coast Guard ensigns and pennants
(a) Vessels and aircraft authorized by the Secretary shall be
distinguished from other vessels and aircraft by an ensign,
pennant, or other identifying insignia of such design as
prescribed by the Secretary. Such ensign, pennant, or other
identifying insignia shall be displayed in accordance with
regulations prescribed by the Secretary.
(b) No vessel or aircraft without authority shall carry,
hoist, or display any ensign, pennant, or other identifying
insignia prescribed for, or intended to resemble, any ensign,
pennant, or other identifying insignia prescribed for Coast
Guard vessels or aircraft. Every person violating this
subsection shall be fined not more than $5,000, or imprisoned
for not more than two years, or both.
Sec. [639] 934. Penalty for unauthorized use of words ``Coast Guard''
No individual, association, partnership, or corporation
shall, without authority of the Commandant, use the combination
of letters ``USCG'' or ``USCGR'', the words ``Coast Guard,''
``United States Coast Guard,'' ``Coast Guard Reserve,''
``United States Coast Guard Reserve,'' ``Coast Guard
Auxiliary,'' ``United States Coast Guard Auxiliary,''
``Lighthouse Service,'' ``Life Saving Service,'' or any
combination or variation of such letters or words alone or with
other letters or words, as the name under which he or it shall
do business, for the purpose of trade, or by way of
advertisement to induce the effect of leading the public to
believe that any such individual, association, partnership, or
corporation has any connection with the Coast Guard. No
individual, association, partnership, or corporation shall
falsely advertise, or otherwise represent falsely by any device
whatsoever, that any project or business in which he or it is
engaged, or product which he or it manufactures, deals in, or
sells, has been in any way endorsed, authorized, or approved by
the Coast Guard. Every person violating this section shall be
fined not more than $10,000, or imprisoned not more than one
year, or both.
Sec. [640] 935. Coast Guard band recordings for commercial sale
(a) The Coast Guard band may produce recordings for
commercial sale.
(b) Amounts received as proceeds from the sale of any such
recordings may be credited to applicable appropriations of the
Coast Guard for expenses of the Coast Guard band.
(c) The Secretary shall prescribe regulations governing the
accounting of such proceeds.
Sec. [645] 936. Confidentiality of medical quality assurance records;
qualified immunity for participants
(a) In this section--
(1) ``medical quality assurance program'' means any
activity carried out by or for the Coast Guard to
assess the quality of medical care, including
activities conducted by individuals, military medical
or dental treatment facility committees, or other
review bodies responsible for quality assurance,
credentials, infection control, patient care assessment
(including treatment procedures, blood, drugs, and
therapeutics) medical records, health resources
management review and identification and prevention of
medical or dental incidents and risks.
(2) ``medical quality assurance record'' means the
proceedings, records, minutes, and reports that emanate
from quality assurance program activities described in
paragraph (1) and are produced or compiled by the Coast
Guard as part of a medical quality assurance program.
(3) ``health care provider'' means any military or
civilian health care professional who, under
regulations prescribed by the Secretary, is granted
clinical practice privileges to provide health care
services in a military medical or dental treatment
facility or who is licensed or certified to perform
health care services by a governmental board or agency
or professional health care society or organization.
(b) Medical quality assurance records created by or for the
Coast Guard as part of a medical quality assurance program are
confidential and privileged. The records may not be disclosed
to any person or entity except as provided in subsection (d).
(c)(1) Medical quality assurance records are not subject to
discovery and may not be admitted into evidence in any judicial
or administrative proceeding, except as provided in subsection
(d).
(2) Except as provided in this section, an individual
who reviews or creates medical quality assurance
records for the Coast Guard or who participates in any
proceeding that reviews or creates the records may not
testify in any judicial or administrative proceeding
with respect to the records or with respect to any
finding, recommendation, evaluation, opinion, or action
taken by that person in connection with the records.
(d)(1) Subject to paragraph (2), a medical quality assurance
record may be disclosed, and an individual referred to in
subsection (c) may testify in connection with a record only as
follows:
(A) To a Federal executive agency or private
organization, if necessary to license,
accredit, or monitor Coast Guard health care
facilities.
(B) To an administrative or judicial
proceeding commenced by a present or former
Coast Guard or Coast Guard assigned Public
Health Service health care provider concerning
the termination, suspension, or limitation of
clinical privileges of the health care
provider.
(C) To a governmental board or agency or to a
professional health care society or
organization, if necessary to perform
licensing, or privileging, or to monitor
professional standards for a health care
provider who is or was a member or an employee
of the Coast Guard or the Public Health Service
assigned to the Coast Guard.
(D) To a hospital, medical center, or other
institution that provides health care services,
if necessary to assess the professional
qualifications of any health care provider who
is or was a member or employee of the Coast
Guard or the Public Health Service assigned to
the Coast Guard and who has applied for or been
granted authority or employment to provide
health care services in or on behalf of the
institution.
(E) To an officer, member, employee, or
contractor of the Coast Guard or the Public
Health Service assigned to the Coast Guard if
for official purposes.
(F) To a criminal or civil law enforcement
agency or instrumentality charged under
applicable law with the protection of the
public health or safety, if a qualified
representative of the agency or instrumentality
makes a written request that the record or
testimony be provided for a purpose authorized
by law.
(G) In an administrative or judicial
proceeding commenced by a criminal or civil law
enforcement agency or instrumentality referred
to in subparagraph (F), but only with respect
to the subject of the proceeding.
(2) Except in a quality assurance action, the
identity of any individual receiving health care
services from the Coast Guard or the identity of any
other individual associated with the agency for the
purposes of a medical quality assurance program that is
disclosed in a medical quality assurance record shall
be deleted from that record or document before any
disclosure of the record is made outside the Coast
Guard. This requirement does not apply to the release
of information under section 552a of title 5.
(e) Except as provided in this section, a person having
possession of or access to a record or testimony described by
this section may not disclose the contents of the record or
testimony.
(f) Medical quality assurance records may not be made
available to any person under section 552 of title 5.
(g) An individual who participates in or provides information
to an individual that reviews or creates medical quality
assurance records is not civilly liable for participating or
providing the information if the participation or provision of
information was in good faith based on prevailing professional
standards at the time the medical quality assurance program
activity took place.
(h) Nothing in this section shall be construed as--
(1) authority to withhold from any person aggregate
statistical information regarding the results of Coast
Guard medical quality assurance programs;
(2) authority to withhold any medical quality
assurance record from a committee of either House of
Congress, any joint committee of Congress, or the
Government Accountability Office if the record pertains
to any matter within their respective jurisdictions;
(3) limiting access to the information in a record
created and maintained outside a medical quality
assurance program, including a patient's medical
records, on the grounds that the information was
presented during meetings of a review body that are
part of a medical quality assurance program.
(i) Except as otherwise provided in this section, an
individual who willfully discloses a medical quality assurance
record knowing that the record is a medical quality assurance
record, is liable to the United States Government for a civil
penalty of not more than $3,000 in the case of a first offense
and not more than $20,000 in the case of a subsequent offense.
Sec. [646] 937. Admiralty claims against the United States
(a) The Secretary may consider, ascertain, adjust, determine,
compromise, or settle, and pay in an amount not more than
$100,000, an admiralty claim against the United States for--
(1) damage caused by a vessel in the Coast Guard
service or by other property under the jurisdiction of
the Department in which the Coast Guard is operating;
(2) compensation for towage and salvage services,
including contract salvage, rendered to a vessel in the
Coast Guard service or to other property under the
jurisdiction of the Department in which the Coast Guard
is operating; or
(3) damage caused by a maritime tort committed by an
agent or employee of the Department in which the Coast
Guard is operating or by property under the
jurisdiction of that Department.
(b) Upon acceptance of payment by the claimant, the
settlement or compromise of a claim under this section is final
and conclusive notwithstanding any other law.
(c) If a claim under this section is settled or compromised
for more than $100,000, the Secretary shall certify it to
Congress.
Sec. [647] 938. Claims for damage to property of the United States
The Secretary may consider, ascertain, adjust, determine,
compromise, or settle claims for damage cognizable in admiralty
in a district court of the United States and all claims for
damage caused by a vessel or floating object, to property of
the United States under the jurisdiction of the Coast Guard or
property for which the Coast Guard may have assumed, by
contract or otherwise, any obligation to respond for damage
thereto. The Secretary is further authorized to receive in
payment of any such claim the amount due the United States
pursuant to determination, compromise, or settlement as herein
authorized and, upon acceptance of such payment but not until
then, such determination, settlement, or compromise of such
claim shall be final and conclusive for all purposes, any law
to the contrary notwithstanding. All such payments shall be
deposited in the Treasury of the United States as miscellaneous
receipts. The Secretary is further authorized to execute on
behalf of the United States and to deliver in exchange for such
payment a full release of such claim. This section, as respects
the determination, compromise, settlement, and payment of
claims, shall be supplementary to, and not in lieu of, all
other provisions of law authorizing the determination,
compromise, or settlement of claims for damage to property
hereinabove described. No settlement or compromise where there
is involved a payment in the net amount of over $100,000 is
authorized by this section.
Sec. [648] 939. Accounting for industrial work
The Secretary may prescribe regulations governing accounting
for industrial work, including charges for overhead for
civilian labor and for maintenance of industrial plant and
equipment, performed at the Coast Guard Yard or such similar
Coast Guard industrial establishments as he may designate. Any
orders placed for such industrial work shall be covered by a
transfer or advance of funds to cover the estimated cost
thereof, and shall be credited to such accounts as may be
necessary and established by the Secretary to carry out the
provisions of this section. Accounts so established shall be
available for materials, supplies, or equipment, and civilian
labor, including overhead and maintenance, required in
performing the work ordered. Upon completion of an order an
adjustment will be made to make the amount transferred or
advanced equal to the actual cost as computed in accordance
with the accounting regulations prescribed by the Secretary.
Sec. [649] 940. Supplies and equipment from stock
Supplies and equipment for special work of the Coast Guard
may be furnished from general stock and the applicable
appropriation reimbursed therefor from the respective
appropriations for such special work.
Sec. [650] 941. Coast Guard Supply Fund
(a) A Coast Guard Supply Fund is authorized. The Secretary
may prescribe regulations for designating the classification of
materials to be stocked. In these regulations, whenever the
fund is extended to include items not previously stocked, or
spare parts obtained as part of a procurement under a different
account of major items such as vessels or aircraft, whether or
not such parts were previously stocked, the Secretary may
authorize an increase in the existing capital of the fund by
the value of such usable materials transferred thereto from
Coast Guard inventories carried in other accounts. Except for
the materials so transferred, the fund shall be charged with
the cost of materials purchased or otherwise acquired. The fund
shall be credited with the value of materials consumed, issued
for use, sold, or otherwise disposed of, such values to be
determined on a basis that will approximately cover the cost
thereof.
(b) Obligations may, without regard to fiscal year
limitations, be incurred against anticipated reimbursement to
the Coast Guard Supply Fund in such amount and for such period,
as the Secretary, with approval of the Director of the Office
of Management and Budget, may determine to be necessary to
maintain stock levels consistently with planned operations for
the next year.
Sec. [654] 942. Public and commercial vessels and other watercraft;
sale of fuel, supplies, and services
The Secretary under such regulations as he may prescribe, may
sell to public and commercial vessels and other watercraft,
such fuel, supplies and furnish such services as may be
required to meet the necessities of the vessel or watercraft if
such vessel or watercraft is unable--
(1) to procure the fuel, supplies, or services from
other sources at its present location; and
(2) to proceed to the nearest port where they may be
obtained without endangering the safety of the ship,
the health and comfort of its personnel, or the safe
condition of the property carried aboard.
Sales under this section shall be at such prices as the
Secretary considers reasonable. Payment will be made on a cash
basis or on such other basis as will reasonably assure prompt
payment. Amounts received from such a sale shall, unless
otherwise directed by another provision of law, be credited to
the current appropriation concerned and are available for the
same purposes as that appropriation.
Sec. [655] 943. Arms and ammunition; immunity from taxation
No tax on the sale or transfer of firearms, pistols,
revolvers, shells, or cartridges may be imposed on such
articles when bought with funds appropriated for the Coast
Guard.
Sec. [658] 944. Confidential investigative expenses
Not more than $45,000 each fiscal year appropriated for
necessary expenses for the operation of the Coast Guard shall
be available for investigative expenses of a confidential
character, to be expended on the approval or authority of the
Commandant and payment to be made on his certificate of
necessity for confidential purposes, and his determination
shall be final and conclusive upon the accounting officers of
the Government.
Sec. [659] 945. Assistance to film producers
(a) Notwithstanding any other provision of law, when the
Secretary determines that it is appropriate, and that it will
not interfere with Coast Guard missions, the Secretary may
conduct operations with Coast Guard vessels, aircraft,
facilities, or personnel, in such a way as to give assistance
to film producers. As used in this section, ``film producers''
includes commercial or noncommercial producers of material for
cinema, television, or videotape.
(b) The Secretary shall keep account of costs incurred as a
result of providing assistance to film producers, not including
costs which would otherwise be incurred in Coast Guard
operations or training, or shall estimate such costs in
advance, and such costs shall be paid to the Secretary by the
film producers who request such assistance, on terms determined
by the Secretary. The Secretary may waive costs not exceeding
$200 for one production, and may waive other costs related to
noncommercial productions which the Secretary determines to be
in the public interest. The Secretary shall reimburse the
amounts collected under this section to the Coast Guard
appropriation account under which the costs were incurred.
Sec. [664] 946. User fees
(a) A fee or charge for a service or thing of value provided
by the Coast Guard shall be prescribed as provided in section
9701 of title 31.
(b) Amounts collected by the Secretary for a service or thing
of value provided by the Coast Guard shall be deposited in the
general fund of the Treasury as proprietary receipts of the
department in which the Coast Guard is operating and ascribed
to Coast Guard activities.
(c) In addition to the collection of fees and charges
established under this section, the Secretary may recover from
the person liable for the fee or charge the costs of collecting
delinquent payments of the fee or charge, and enforcement costs
associated with delinquent payments of the fees and charges.
(d)(1) The Secretary may employ any Federal, State, or local
agency or instrumentality, or any private enterprise or
business, to collect a fee or charge established under this
section.
(2) A private enterprise or business employed by the
Secretary to collect fees or charges--
(A) shall be subject to reasonable terms and
conditions agreed to by the Secretary and the
enterprise or business;
(B) shall provide appropriate accounting to
the Secretary; and
(C) may not institute litigation as part of
that collection.
(e)(1) In addition to the collection of fees and charges
established under this section, in the provision of a service
or thing of value by the Coast Guard the Secretary may accept
in-kind transportation, travel, and subsistence.
(2) The value of in-kind transportation, travel, and
subsistence accepted under this paragraph may not
exceed applicable per diem rates set forth in
regulations prescribed under section 464 of title 37.
(f) The Secretary shall account for the agency's costs of
collecting a fee or charge as a reimbursable expense, subject
to the availability of appropriations, and the costs shall be
credited to the account from which expended.
(g) Before January 1 of each year, the Secretary shall submit
a report to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate that includes--
(1) a verification of each activity for which a fee
or charge is collected under any law stating--
(A) the amount collected in the prior fiscal
year; and
(B) that the amount spent on that activity in
that fiscal year is not less than the amount
collected; and
(2) the amount expected to be collected under any law
in the current fiscal year for each activity for which
a fee or charge is expected to be collected.
(h) In this section the term ``costs of collecting a fee or
charge'' includes the reasonable administrative, accounting,
personnel, contract, equipment, supply, training, and travel
expenses of calculating, assessing, collecting, enforcing,
reviewing, adjusting, and reporting on a fee or charge.
Sec. [667] 947. Vessel construction bonding requirements
The Secretary or the Commandant may require bid, payment,
performance, payment and performance, or completion bonds or
other financial instruments from contractors for construction,
alteration, repair, or maintenance of Coast Guard vessels if--
(1) the bond is required by law; or
(2) the Secretary or Commandant determines after
investigation that the amount of the bond in excess of
20 percent of the value of the base contract quantity
excluding options, would not prevent a responsible
bidder or offeror from competing for award of the
contract.
Sec. [668] 948. Contracts for medical care for retirees, dependents,
and survivors: alternative delivery of health care
(a) The Secretary may contract for the delivery of health
care to which covered beneficiaries are entitled under chapter
55 of title 10. The Secretary may enter into a contract under
this section with any of the following:
(1) Health maintenance organizations.
(2) Preferred provider organizations.
(3) Individual providers, individual medical
facilities, or insurers.
(4) Consortiums of these providers, facilities, or
insurers.
(b) A contract entered into under this section may provide
for the delivery of--
(1) selected health care services;
(2) total health care services for selected covered
beneficiaries; or
(3) total health care services for all covered
beneficiaries who reside in a geographic area
designated by the Secretary.
(c) The Secretary may prescribe a premium, deductible,
copayment, or other change for health care provided under this
section.
Sec. [669] 949. Telephone installation and charges
Under regulations prescribed by the Secretary, amounts
appropriated to the Department of Homeland Security are
available to install, repair, and maintain telephone wiring in
residences owned or leased by the United States Government and,
if necessary for national defense purposes in other private
residences.
Sec. [673] 950. Designation, powers, and accountability of deputy
disbursing officials
(a)(1) Subject to paragraph (3), a disbursing official of the
Coast Guard may designate a deputy disbursing official--
(A) to make payments as the agent of the
disbursing official;
(B) to sign checks drawn on disbursing
accounts of the Secretary of the Treasury; and
(C) to carry out other duties required under
law.
(2) The penalties for misconduct that apply to a
disbursing official apply to a deputy disbursing
official designated under this subsection.
(3) A disbursing official may make a designation
under paragraph (1) only with the approval of the
Secretary.
(b)(1) If a disbursing official of the Coast Guard dies,
becomes disabled, or is separated from office, a deputy
disbursing official may continue the accounts and payments in
the name of the former disbursing official until the last day
of the second month after the month in which the death,
disability, or separation occurs. The accounts and payments
shall be allowed, audited, and settled as provided by law. The
Secretary of the Treasury shall honor checks signed in the name
of the former disbursing official in the same way as if the
former disbursing official had continued in office.
(2) The deputy disbursing official, and not the
former disbursing official or the estate of the former
disbursing official, is liable for the actions of the
deputy disbursing official under this subsection.
(c)(1) Except as provided in paragraph (2), this section does
not apply to the Coast Guard when section 2773 of title 10
applies to the Coast Guard by reason of the operation of the
Coast Guard as a service in the Navy.
(2) A designation of a deputy disbursing official
under subsection (a) that is made while the Coast Guard
is not operating as a service in the Navy continues in
effect for purposes of section 2773 of title 10 while
the Coast Guard operates as a service in the Navy
unless and until the designation is terminated by the
disbursing official who made the designation or an
official authorized to approve such a designation under
subsection (a)(3) of such section.
Sec. [678] 951. Aircraft accident investigations
(a) In General Whenever the Commandant of the Coast Guard
conducts an accident investigation of an accident involving an
aircraft under the jurisdiction of the Commandant, the records
and report of the investigation shall be treated in accordance
with this section.
(b) Public Disclosure of Certain Accident Investigation
Information
(1) In general Subject to paragraph (2), the
Commandant, upon request, shall publicly disclose
unclassified tapes, scientific reports, and other
factual information pertinent to an aircraft accident
investigation.
(2) Conditions The Commandant shall only disclose
information requested pursuant to paragraph (1) if the
Commandant determines--
(A) that such tapes, reports, or other
information would be included within and
releasable with the final accident
investigation report; and
(B) that release of such tapes, reports, or
other information--
(i) would not undermine the ability
of accident or safety investigators to
continue to conduct the investigation;
and
(ii) would not compromise national
security.
(3) Restriction A disclosure under paragraph (1) may
not be made by or through officials with responsibility
for, or who are conducting, a safety investigation with
respect to the accident.
(c) Opinions Regarding Causation of Accident Following an
aircraft accident referred to in subsection (a)--
(1) if the evidence surrounding the accident is
sufficient for the investigators who conduct the
accident investigation to come to an opinion as to the
cause or causes of the accident, the final report of
the accident investigation shall set forth the opinion
of the investigators as to the cause or causes of the
accident; and
(2) if the evidence surrounding the accident is not
sufficient for the investigators to come to an opinion
as to the cause or causes of the accident, the final
report of the accident investigation shall include a
description of those factors, if any, that, in the
opinion of the investigators, substantially contributed
to or caused the accident.
(d) Use of Information in Civil or Criminal Proceedings For
purposes of any civil or criminal proceeding arising from an
aircraft accident referred to in subsection (a), any opinion of
the accident investigators as to the cause of, or the factors
contributing to, the accident set forth in the accident
investigation report may not be considered as evidence in such
proceeding, nor may such report be considered an admission of
liability by the United States or by any person referred to in
such report.
(e) Definitions For purposes of this section--
(1) the term ``accident investigation'' means any
form of investigation by Coast Guard personnel of an
aircraft accident referred to in subsection (a), other
than a safety investigation; and
(2) the term ``safety investigation'' means an
investigation by Coast Guard personnel of an aircraft
accident referred to in subsection (a) that is
conducted solely to determine the cause of the accident
and to obtain information that may prevent the
occurrence of similar accidents.
[Sec. 182. Cadets; number, appointment, obligation to serve
[(a) The number of cadets appointed annually to the Academy
shall be as determined by the Secretary but the number
appointed in any one year shall not exceed six hundred.
Appointments to cadetships shall be made under regulations
prescribed by the Secretary, who shall determine age limits,
methods of selection of applicants, term of service as a cadet
before graduation, and all other matters affecting such
appointments. In the administration of this chapter, the
Secretary shall take such action as may be necessary and
appropriate to insure that female individuals shall be eligible
for appointment and admission to the Coast Guard Academy, and
that the relevant standards required for appointment,
admission, training, graduation, and commissioning of female
individuals shall be the same as those required for male
individuals, except for those minimum essential adjustments in
such standards required because of physiological differences
between male and female individuals. The Secretary may
summarily dismiss from the Coast Guard any cadet who, during
his cadetship, is found unsatisfactory in either studies or
conduct, or may be deemed not adapted for a career in the Coast
Guard. Cadets shall be subject to rules governing discipline
prescribed by the Commandant.
[(b) Each cadet shall sign an agreement with respect to the
cadet's length of service in the Coast Guard. The agreement
shall provide that the cadet agrees to the following:
[(1) That the cadet will complete the course of
instruction at the Coast Guard Academy.
[(2) That upon graduation from the Coast Guard
Academy the cadet--
[(A) will accept an appointment, if tendered,
as a commissioned officer of the Coast Guard;
and
[(B) will serve on active duty for at least
five years immediately after such appointment.
[(3) That if an appointment described in paragraph
(2) is not tendered or if the cadet is permitted to
resign as a regular officer before the completion of
the commissioned service obligation of the cadet, the
cadet--
[(A) will accept an appointment as a
commissioned officer in the Coast Guard
Reserve; and
[(B) will remain in that reserve component
until completion of the commissioned service
obligation of the cadet.
[(c)(1) The Secretary may transfer to the Coast Guard
Reserve, and may order to active duty for such period of time
as the Secretary prescribes (but not to exceed four years), a
cadet who breaches an agreement under subsection (b). The
period of time for which a cadet is ordered to active duty
under this paragraph may be determined without regard to
section 651(a) of title 10.
[(2) A cadet who is transferred to the Coast Guard
Reserve under paragraph (1) shall be transferred in an
appropriate enlisted grade or rating, as determined by
the Secretary.
[(3) For the purposes of paragraph (1), a cadet shall
be considered to have breached an agreement under
subsection (b) if the cadet is separated from the Coast
Guard Academy under circumstances which the Secretary
determines constitute a breach by the cadet of the
cadet's agreement to complete the course of instruction
at the Coast Guard Academy and accept an appointment as
a commissioned officer upon graduation from the Coast
Guard Academy.
[(d) The Secretary shall prescribe regulations to carry out
this section. Those regulations shall include--
[(1) standards for determining what constitutes, for
the purpose of subsection (c), a breach of an agreement
under subsection (b);
[(2) procedures for determining whether such a breach
has occurred; and
[(3) standards for determining the period of time for
which a person may be ordered to serve on active duty
under subsection (c).
[(e) In this section, ``commissioned service obligation'',
with respect to an officer who is a graduate of the Academy,
means the period beginning on the date of the officer's
appointment as a commissioned officer and ending on the sixth
anniversary of such appointment or, at the discretion of the
Secretary, any later date up to the eighth anniversary of such
appointment.
[(f)(1) This section does not apply to a cadet who is not a
citizen or national of the United States.
[(2) In the case of a cadet who is a minor and who
has parents or a guardian, the cadet may sign the
agreement required by subsection (b) only with the
consent of the parent or guardian.
[(g) A cadet or former cadet who does not fulfill the terms
of the obligation to serve as specified under section (b), or
the alternative obligation imposed under subsection (c), shall
be subject to the repayment provisions of section 303a(e) of
title 37.]
CHAPTER 11--[PERSONNEL] ACQUISITIONS
[OFFICERS
[a. appointments
[Sec.
[211. Original appointment of permanent commissioned officers.
[214. Appointment of temporary officers.
[215. Rank of warrant officers.
[b. selection for promotion
[251. Selection boards; convening of boards.
[252. Selection boards; composition of boards.
[253. Selection boards; notice of convening; communication with board.
[254. Selection boards; oath of members.
[255. Number of officers to be selected for promotion.
[256. Promotion zones.
[256a. Promotion year; defined.
[257. Eligibility of officers for consideration for promotion.
[258. Selection boards; information to be furnished boards.
[259. Officers to be recommended for promotion.
[260. Selection boards; reports.
[261. Selection boards; submission of reports.
[262. Failure of selection for promotion.
[263. Special selection boards; correction of errors.
[c. promotions
[271. Promotions; appointments.
[272. Removal of officer from list of selectees for promotion.
[273. Promotions; acceptance; oath of office.
[274. Promotions; pay and allowances.
[275. Wartime temporary service promotions.
[276. Promotion of officers not included on active duty promotion list.
[d. discharges; retirements; revocation of commissions
[281. Revocation of commissions during first five years of commissioned
service.
[282. Regular lieutenants (junior grade); separation for failure of
selection for promotion.
[283. Regular lieutenants; separation for failure of selection for
promotion; continuation.
[284. Regular Coast Guard; officers serving under temporary
appointments.
[285. Regular lieutenant commanders and commanders; retirement for
failure of selection for promotion.
[286. Discharge in lieu of retirement; separation pay.
[286a. Regular warrant officers: separation pay.
[287. Separation for failure of selection for promotion or continuation;
time of.
[288. Regular captains; retirement.
[289. Captains; continuation on active duty; involuntary retirement.
[290. Rear admirals and rear admirals (lower half); continuation on
active duty; involuntary retirement.
[291. Voluntary retirement after twenty years' service.
[292. Voluntary retirement after thirty years' service.
[293. Compulsory retirement.
[294. Retirement for physical disability after selection for promotion;
grade in which retired.
[295. Deferment of retirement or separation for medical reasons.
[296. Flag officers.
[e. separation for cause
[321. Review of records of officers.
[322. Boards of inquiry.
[323. Boards of review.
[324. Composition of boards.
[325. Rights and procedures.
[326. Removal of officer from active duty; action by Secretary.
[327. Officers considered for removal; retirement or discharge;
separation benefits.
[f. miscellaneous provisions
[331. Recall to active duty during war or national emergency.
[332. Recall to active duty with consent of officer.
[333. Relief of retired officer promoted while on active duty.
[334. Grade on retirement.
[335. Physical fitness of officers.
[336. United States Coast Guard Band; composition; director.
[ENLISTED MEMBERS
[350. Recruiting campaigns.
[351. Enlistments; term, grade.
[352. Promotion.
[353. Compulsory retirement at age of sixty-two.
[354. Voluntary retirement after thirty years' service.
[355. Voluntary retirement after twenty years' service.
[357. Retirement of enlisted members: increase in retired pay.
[359. Recall to active duty during war or national emergency.
[360. Recall to active duty with consent of member.
[361. Relief of retired enlisted member promoted while on active duty.
[362. Retirement in cases where higher grade or rating has been held.
[365. Extension of enlistments.
[366. Retention beyond term of enlistment in case of disability.
[367. Detention beyond term of enlistment.
[369. Inclusion of certain conditions in enlistment contract.
[370. Discharge within three months before expiration of enlistment.
[371. Aviation cadets; procurement; transfer.
[372. Aviation cadets; benefits.
[373. Aviation cadets; appointment as Reserve officers.
[374. Critical skill training bonus.
[GENERAL PROVISIONS
[421. Retirement.
[422. Status of recalled personnel.
[423. Computation of retired pay.
[424. Limitations on retirement and retired pay.
[424a. Suspension of payment of retired pay of members who are absent
from the United States to avoid prosecution.
[425. Board for Correction of Military Records deadline.
[426. Emergency leave retention authority.
[427. Prohibition of certain involuntary administrative separations.
[428. Sea service letters.
[429. Multirater assessment of certain personnel.
[430. Investigations of flag officers and Senior Executive Service
employees.
[431. Leave policies for the Coast Guard.
[SPECIAL PROVISIONS
[432. Personnel of former Lighthouse Service.]
SUBCHAPTER I-GENERAL PROVISIONS
Sec.
1101. Acquisition directorate.
1102. Improvements in Coast Guard acquisition management.
1103. Role of Vice Commandant in major acquisition programs.
1104. Recognition of Coast Guard personnel for excellence in
acquisition.
1105. Prohibition on use of lead systems integrators.
1106. Required contract terms.
1107. Extension of major acquisition program contracts.
1108. Department of Defense consultation.
1109. Undefinitized contractual actions.
1110. Guidance on excessive pass-through charges.
1111. Mission need statement.
SUBCHAPTER II-IMPROVED ACQUISITION PROCESS AND PROCEDURES
1131. Identification of major system acquisitions.
1132. Acquisition.
1133. Preliminary development and demonstration.
1134. Acquisition, production, deployment, and support.
1135. Acquisition program baseline breach.
1136. Acquisition approval authority.
SUBCHAPTER III-PROCUREMENT
1151. Restriction on construction of vessels in foreign shipyards.
1152. Advance procurement funding.
1153. Prohibition on overhaul, repair, and maintenance of Coast Guard
vessels in foreign shipyards.
1154. Procurement of buoy chain.
SUBCHAPTER IV-DEFINITIONS
1171. Definitions.
[OFFICERS]
[A. APPOINTMENTS]
SUBCHAPTER I--GENERAL PROVISIONS
Sec. [561] 1101. Acquisition directorate
(a) Establishment.--The Commandant of the Coast Guard shall
establish an acquisition directorate to provide guidance and
oversight for the implementation and management of all Coast
Guard acquisition processes, programs, and projects.
(b) Mission.--The mission of the acquisition directorate is--
(1) to acquire and deliver assets and systems that
increase operational readiness, enhance mission
performance, and create a safe working environment;
(2) to assist in the development of a workforce that
is trained and qualified to further the Coast Guard's
missions and deliver the best-value products and
services to the Nation; and
(3) to meet the needs of customers of major
acquisition programs in the most cost-effective manner
practicable.
Sec. [562] 1102. Improvements in Coast Guard acquisition management
(a) Project or Program Managers.--
(1) Level 1 projects.--An individual may not be
assigned as the project or program manager for a Level
1 acquisition unless the individual holds a Level III
acquisition certification as a program manager.
(2) Level 2 projects.--An individual may not be
assigned as the project or program manager for a Level
2 acquisition unless the individual holds a Level II
acquisition certification as a program manager.
(b) Acquisition Workforce.--
(1) In general.--The Commandant shall designate a
sufficient number of positions to be in the Coast
Guard's acquisition workforce to perform acquisition-
related functions at Coast Guard headquarters and field
activities.
(2) Required positions.--In designating positions
under subsection (a), the Commandant shall include, at
a minimum, positions encompassing the following
competencies and functions:
(A) Program management.
(B) Systems planning, research, development,
engineering, and testing.
(C) Procurement, including contracting.
(D) Industrial and contract property
management.
(E) Life-cycle logistics.
(F) Quality control and assurance.
(G) Manufacturing and production.
(H) Business, cost estimating, financial
management, and auditing.
(I) Acquisition education, training, and
career development.
(J) Construction and facilities engineering.
(K) Testing and evaluation.
(3) Acquisition management headquarter activities.--
The Commandant shall also designate as positions in the
acquisition workforce under paragraph (1) those
acquisition-related positions located at Coast Guard
headquarters units.
(4) Appropriate expertise required.--The Commandant
shall ensure that each individual assigned to a
position in the acquisition workforce has the
appropriate expertise to carry out the responsibilities
of that position.
(c) Management Information System.--
(1) In general.--The Commandant shall establish a
management information system capability to improve
acquisition workforce management and reporting.
(2) Information maintained.--Information maintained
with such capability shall include the following
standardized information on individuals assigned to
positions in the workforce:
(A) Qualifications, assignment history, and
tenure of those individuals assigned to
positions in the acquisition workforce or
holding acquisition-related certifications.
(B) Promotion rates for officers and members
of the Coast Guard in the acquisition
workforce.
(d) Appointments to Acquisition Positions.--The Commandant
shall ensure that no requirement or preference for officers or
members of the Coast Guard is used in the consideration of
persons for positions in the acquisition workforce.
(e) Career Paths.--
(1) Identification of career paths.--To establish
acquisition management as a core competency of the
Coast Guard, the Commandant shall--
(A) ensure that career paths for officers,
members, and employees of the Coast Guard who
wish to pursue careers in acquisition are
identified in terms of the education, training,
experience, and assignments necessary for
career progression of those officers, members,
and employees to the most senior positions in
the acquisition workforce; and
(B) publish information on such career paths.
(2) Promotion parity.--The Commandant shall ensure
that promotion parity is established for officers and
members of the Coast Guard who have been assigned to
the acquisition workforce relative to officers and
members who have not been assigned to the acquisition
workforce.
Sec. [578] 1103. Role of Vice Commandant in major acquisition programs
The Vice Commandant--
(1) shall represent the customer of a major
acquisition program with regard to trade-offs made
among cost, schedule, technical feasibility, and
performance with respect to such program; and
(2) shall advise the Commandant in decisions
regarding the balancing of resources against
priorities, and associated trade-offs referred to in
paragraph (1), on behalf of the customer of a major
acquisition program.
Sec. [563] 1104. Recognition of Coast Guard personnel for excellence
in acquisition
(a) In General.--The Commandant shall maintain a program to
recognize excellent performance by individuals and teams
comprised of officers, members, and employees of the Coast
Guard that contributed to the long-term success of a Coast
Guard acquisition project or program.
(b) Elements.--The program shall include--
(1) specific award categories, criteria, and
eligibility and manners of recognition;
(2) procedures for the nomination by personnel of the
Coast Guard of individuals and teams comprised of
officers, members, and employees of the Coast Guard for
recognition under the program; and
(3) procedures for the evaluation of nominations for
recognition under the program by one or more panels of
individuals from the Government, academia, and the
private sector who have such expertise and are
appointed in such manner as the Commandant shall
establish for the purposes of this program.
(c) Award of Cash Bonuses.--As part of the program required
by subsection (a), the Commandant, subject to the availability
of appropriations, may award to any civilian employee
recognized pursuant to the program a cash bonus to the extent
that the performance of such individual so recognized warrants
the award of such bonus.
Sec. [564] 1105. Prohibition on use of lead systems integrators
(a) In General.--
(1) Use of lead systems integrator.--The Commandant
may not use a private sector entity as a lead systems
integrator.
(2) Full and open competition.--The Commandant shall
use full and open competition for any acquisition
contract unless otherwise excepted in accordance with
Federal acquisition laws and regulations promulgated
under those laws, including the Federal Acquisition
Regulation.
(3) No effect on small business act.--Nothing in this
subsection shall be construed to supersede or otherwise
affect the authorities provided by and under the Small
Business Act (15 U.S.C. 631 et seq.).
(b) Limitation on Financial Interest in Subcontractors.--
Neither an entity performing lead systems integrator functions
for a Coast Guard acquisition nor a Tier 1 subcontractor for
any acquisition may have a financial interest in a
subcontractor below the Tier 1 subcontractor level unless--
(1) the subcontractor was selected by the prime
contractor through full and open competition for such
procurement;
(2) the procurement was awarded by an entity
performing lead systems integrator functions or a
subcontractor through full and open competition;
(3) the procurement was awarded by a subcontractor
through a process over which the entity performing lead
systems integrator functions or a Tier 1 subcontractor
exercised no control; or
(4) the Commandant has determined that the
procurement was awarded in a manner consistent with
Federal acquisition laws and regulations promulgated
under those laws, including the Federal Acquisition
Regulation.
Sec. [565] 1106. Required contract terms
(a) In General.--The Commandant shall ensure that a contract
awarded or a delivery order or task order issued for an
acquisition of a capability or an asset with an expected
service life of 10 or more years and with a total acquisition
cost that is equal to or exceeds $10,000,000 awarded or issued
by the Coast Guard after the date of enactment of the Coast
Guard Authorization Act of 2010--
(1) provides that all certifications for an end-state
capability or asset under such contract, delivery
order, or task order, respectively, will be conducted
by the Commandant or an independent third party, and
that self-certification by a contractor or
subcontractor is not allowed;
(2) provides that the Commandant shall maintain the
authority to establish, approve, and maintain technical
requirements;
(3) requires that any measurement of contractor and
subcontractor performance be based on the status of all
work performed, including the extent to which the work
performed met all performance, cost, and schedule
requirements;
(4) specifies that, for the acquisition or upgrade of
air, surface, or shore capabilities and assets for
which compliance with TEMPEST certification is a
requirement, the standard for determining such
compliance will be the air, surface, or shore standard
then used by the Department of the Navy for that type
of capability or asset; and
(5) for any contract awarded to acquire an Offshore
Patrol Cutter, includes provisions specifying the
service life, fatigue life, and days underway in
general Atlantic and North Pacific Sea conditions,
maximum range, and maximum speed the cutter will be
built to achieve.
(b) Prohibited Provisions.--
(1) In general.--The Commandant shall ensure that any
contract awarded or delivery order or task order issued
by the Coast Guard after the date of enactment of the
Coast Guard Authorization Act of 2010 does not include
any provision allowing for equitable adjustment that is
not consistent with the Federal Acquisition
Regulations.
(2) Extension of program.--A contract, contract
modification, or award term extending a contract with a
lead systems integrator--
(A) may not include any minimum requirements
for the purchase of a given or determinable
number of specific capabilities or assets; and
(B) shall be reviewed by an independent third
party with expertise in acquisition management,
and the results of that review shall be
submitted to the appropriate congressional
committees at least 60 days prior to the award
of the contract, contract modification, or
award term.
(c) Integrated Product Teams.--Integrated product teams, and
all teams that oversee integrated product teams, shall be
chaired by officers, members, or employees of the Coast Guard.
(d) Technical Authority.--The Commandant shall maintain or
designate the technical authority to establish, approve, and
maintain technical requirements. Any such designation shall be
made in writing and may not be delegated to the authority of
the Chief Acquisition Officer established by section 56 of this
title.
Sec. [579] 1107. Extension of major acquisition program contracts
(a) In General.--Notwithstanding section 564(a)(2) of this
title and section 2304 of title 10, and subject to subsections
(b) and (c) of this section, the Secretary may acquire
additional units procured under a Coast Guard major acquisition
program contract, by extension of such contract without
competition, if the Director of the Cost Analysis Division of
the Department of Homeland Security determines that the costs
that would be saved through award of a new contract in
accordance with such sections would not exceed the costs of
such an award.
(b) Limitation on Number of Additional Units.--The number of
additional units acquired under a contract extension under this
section may not exceed the number of additional units for which
such determination is made.
(c) Determination of Costs Upon Request.--The Director of the
Cost Analysis Division of the Department of Homeland Security
shall, at the request of the Secretary, determine for purposes
of this section--
(1) the costs that would be saved through award of a
new major acquisition program contract in accordance
with section 564(a)(2) for the acquisition of a number
of additional units specified by the Secretary; and
(2) the costs of such award, including the costs that
would be incurred due to acquisition schedule delays
and asset design changes associated with such award.
(d) Number of Extensions.--A contract may be extended under
this section more than once.
Sec. [566] 1108. Department of Defense consultation
(a) In General.--The Commandant shall make arrangements as
appropriate with the Secretary of Defense for support in
contracting and management of Coast Guard acquisition programs.
The Commandant shall also seek opportunities to make use of
Department of Defense contracts, and contracts of other
appropriate agencies, to obtain the best possible price for
assets acquired for the Coast Guard.
(b) Interservice Technical Assistance.--The Commandant shall
seek to enter into a memorandum of understanding or a
memorandum of agreement with the Secretary of the Navy to
obtain the assistance of the Office of the Assistant Secretary
of the Navy for Research, Development, and Acquisition,
including the Navy Systems Command, with the oversight of Coast
Guard major acquisition programs. The memorandum of
understanding or memorandum of agreement shall, at a minimum,
provide for--
(1) the exchange of technical assistance and support
that the Assistant Commandants for Acquisition, Human
Resources, Engineering, and Information technology may
identify;
(2) the use, as appropriate, of Navy technical
expertise; and
(3) the temporary assignment or exchange of personnel
between the Coast Guard and the Office of the Assistant
Secretary of the Navy for Research, Development, and
Acquisition, including Naval Systems Command, to
facilitate the development of organic capabilities in
the Coast Guard.
(c) Technical Requirement Approval Procedures.--The Chief
Acquisition Officer shall adopt, to the extent practicable,
procedures modeled after those used by the Navy Senior
Acquisition Official to approve all technical requirements.
(d) Assessment.--Within 180 days after the date of enactment
of the Coast Guard Authorization Act of 2010, the Comptroller
General of the United States shall transmit a report to the
appropriate congressional committees that--
(1) contains an assessment of current Coast Guard
acquisition and management capabilities to manage Level
1 and Level 2 acquisitions;
(2) includes recommendations as to how the Coast
Guard can improve its acquisition management, either
through internal reforms or by seeking acquisition
expertise from the Department of Defense; and
(3) addresses specifically the question of whether
the Coast Guard can better leverage Department of
Defense or other agencies' contracts that would meet
the needs of Level 1 or Level 2 acquisitions in order
to obtain the best possible price.
Sec. [567] 1109. Undefinitized contractual actions
(a) In General.--The Coast Guard may not enter into an
undefinitized contractual action unless such action is directly
approved by the Head of Contracting Activity of the Coast
Guard.
(b) Requests for Undefinitized Contractual Actions.--Any
request to the Head of Contracting Activity for approval of an
undefinitized contractual action shall include a description of
the anticipated effect on requirements of the Coast Guard if a
delay is incurred for the purposes of determining contractual
terms, specifications, and price before performance is begun
under the contractual action.
(c) Requirements for Undefinitized Contractual Actions.--
(1) Deadline for agreement on terms, specifications,
and price.--A contracting officer of the Coast Guard
may not enter into an undefinitized contractual action
unless the contractual action provides for agreement
upon contractual terms, specification, and price by the
earlier of--
(A) the end of the 180-day period beginning
on the date on which the contractor submits a
qualifying proposal to definitize the
contractual terms, specifications, and price;
or
(B) the date on which the amount of funds
obligated under the contractual action is equal
to more than 50 percent of the negotiated
overall ceiling price for the contractual
action.
(2) Limitation on obligations
(A) In general.--Except as provided in
subparagraph (B), the contracting officer for
an undefinitized contractual action may not
obligate under such contractual action an
amount that exceeds 50 percent of the
negotiated overall ceiling price until the
contractual terms, specifications, and price
are definitized for such contractual action.
(B) Exception.--Notwithstanding subparagraph
(A), if a contractor submits a qualifying
proposal to definitize an undefinitized
contractual action before an amount that
exceeds 50 percent of the negotiated overall
ceiling price is obligated on such action, the
contracting officer for such action may not
obligate with respect to such contractual
action an amount that exceeds 75 percent of the
negotiated overall ceiling price until the
contractual terms, specifications, and price
are definitized for such contractual action.
(3) Waiver.--The Commandant may waive the application
of this subsection with respect to a contract if the
Commandant determines that the waiver is necessary to
support--
(A) a contingency operation (as that term is
defined in section 101(a)(13) of title 10);
(B) operations to prevent or respond to a
transportation security incident (as defined in
section 70101(6) of title 46);
(C) an operation in response to an emergency
that poses an unacceptable threat to human
health or safety or to the marine environment;
or
(D) an operation in response to a natural
disaster or major disaster or emergency
designated by the President under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
(4) Limitation on application.--This subsection does
not apply to an undefinitized contractual action for
the purchase of initial spares.
(d) Inclusion of Nonurgent Requirements.--Requirements for
spare parts and support equipment that are not needed on an
urgent basis may not be included in an undefinitized
contractual action by the Coast Guard for spare parts and
support equipment that are needed on an urgent basis unless the
Commandant approves such inclusion as being--
(1) good business practice; and
(2) in the best interests of the United States.
(e) Modification of Scope.--The scope of an undefinitized
contractual action under which performance has begun may not be
modified unless the Commandant approves such modification as
being--
(1) good business practice; and
(2) in the best interests of the United States.
(f) Allowable Profit.--The Commandant shall ensure that the
profit allowed on an undefinitized contractual action for which
the final price is negotiated after a substantial portion of
the performance required is completed reflects--
(1) the possible reduced cost risk of the contractor
with respect to costs incurred during performance of
the contract before the final price is negotiated; and
(2) the reduced cost risk of the contractor with
respect to costs incurred during performance of the
remaining portion of the contract.
(g) Definitions.--In this section:
(1) Undefinitized contractual action.--
(A) In general.--Except as provided in
subparagraph (B), the term ``undefinitized
contractual action'' means a new procurement
action entered into by the Coast Guard for
which the contractual terms, specifications, or
price are not agreed upon before performance is
begun under the action.
(B) Exclusion.--The term ``undefinitized
contractual action'' does not include
contractual actions with respect to--
(i) foreign military sales;
(ii) purchases in an amount not in
excess of the amount of the simplified
acquisition threshold; or
(iii) special access programs.
(2) Qualifying proposal.--The term ``qualifying
proposal'' means a proposal that contains sufficient
information to enable complete and meaningful audits of
the information contained in the proposal as determined
by the contracting officer.
Sec. [568] 1110. Guidance on excessive pass-through charges
(a) In General.--Not later than 180 days after the date of
enactment of the Coast Guard Authorization Act of 2010, the
Commandant shall issue guidance to ensure that pass-through
charges on contracts, subcontracts, delivery orders, and task
orders that are entered into with a private entity acting as a
lead systems integrator by or on behalf of the Coast Guard are
not excessive in relation to the cost of work performed by the
relevant contractor or subcontractor. The guidance shall, at a
minimum--
(1) set forth clear standards for determining when
no, or negligible, value has been added to a contract
by a contractor or subcontractor;
(2) set forth procedures for preventing the payment
by the Government of excessive pass-through charges;
and
(3) identify any exceptions determined by the
Commandant to be in the best interest of the
Government.
(b) Excessive Pass-Through Charge Defined.--In this section
the term ``excessive pass-through charge'', with respect to a
contractor or subcontractor that adds no, or negligible, value
to a contract or subcontract, means a charge to the Government
by the contractor or subcontractor that is for overhead or
profit on work performed by a lower tier contractor or
subcontractor, other than reasonable charges for the direct
costs of managing lower tier contractors and subcontracts and
overhead and profit based on such direct costs.
(c) Application of Guidance.--The guidance under this
subsection shall apply to contracts awarded to a private entity
acting as a lead systems integrator by or on behalf of the
Coast Guard on or after the date that is 360 days after the
date of enactment of the Coast Guard Authorization Act of 2010.
Sec. [569] 1111. Mission need statement
(a) In General.--On the date on which the President submits
to Congress a budget for fiscal year 2016 under section 1105 of
title 31, on the date on which the President submits to
Congress a budget for fiscal year 2019 under such section, and
every 4 years thereafter, the Commandant shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an integrated major acquisition
mission need statement.
(b) Definitions.--In this section, the following definitions
apply:
(1) Integrated major acquisition mission need
statement.--The term ``integrated major acquisition
mission need statement'' means a document that--
(A) identifies current and projected gaps in
Coast Guard mission capabilities using mission
hour targets;
(B) explains how each major acquisition
program addresses gaps identified under
subparagraph (A) if funded at the levels
provided for such program in the most recently
submitted capital investment plan; and
(C) describes the missions the Coast Guard
will not be able to achieve, by fiscal year,
for each gap identified under subparagraph (A).
(2) Major acquisition program.--The term ``major
acquisition program'' has the meaning given that term
in section 2903.
(3) Capital investment plan.--The term ``capital
investment plan'' means the plan required under section
2902(a)(1).
[B. SELECTION FOR PROMOTION]
[C. Promotions]
[D. DISHCARGES; RETIRMENTS; REVOCATION OF COMMISSIONS]
[E. SEPARATION FOR CAUSE]
[F. MISCELLANEOUS PROVISIONS]
[ENLISTED MEMBERS]
SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES
Sec. [571] 1131. Identification of major system acquisitions
(a) In General.--
(1) Support mechanisms.--The Commandant shall develop
and implement mechanisms to support the establishment
of mature and stable operational requirements for all
acquisitions.
(2) Mission analysis; affordability assessment.--The
Commandant may not initiate a Level 1 or Level 2
acquisition project or program until the Commandant--
(A) completes a mission analysis that--
(i) identifies the specific
capability gaps to be addressed by the
project or program; and
(ii) develops a clear mission need to
be addressed by the project or program;
and
(B) prepares a preliminary affordability
assessment for the project or program.
(b) Elements.--
(1) Requirements.--The mechanisms required by
subsection (a) shall ensure the implementation of a
formal process for the development of a mission-needs
statement, concept-of-operations document, capability
development plan, and resource proposal for the initial
project or program funding, and shall ensure the
project or program is included in the Coast Guard
Capital Investment Plan.
(2) Assessment of trade-offs.--In conducting an
affordability assessment under subsection (a)(2)(B),
the Commandant shall develop and implement mechanisms
to ensure that trade-offs among cost, schedule, and
performance are considered in the establishment of
preliminary operational requirements for development
and production of new assets and capabilities for Level
1 and Level 2 acquisitions projects and programs.
(c) Human Resource Capital Planning.--The Commandant shall
develop staffing predictions, define human capital performance
initiatives, and identify preliminary training needs required
to implement each Level 1 and Level 2 acquisition project and
program.
Sec. [572] 1132. Acquisition
(a) In General.--The Commandant may not establish a Level 1
or Level 2 acquisition project or program until the
Commandant--
(1) clearly defines the operational requirements for
the project or program;
(2) establishes the feasibility of alternatives;
(3) develops an acquisition project or program
baseline;
(4) produces a life-cycle cost estimate; and
(5) assesses the relative merits of alternatives to
determine a preferred solution in accordance with the
requirements of this section.
(b) Submission Required Before Proceeding.--Any Coast Guard
Level 1 or Level 2 acquisition project or program may not begin
to obtain any capability or asset or proceed beyond that phase
of its development that entails approving the supporting
acquisition until the Commandant submits to the appropriate
congressional committees the following:
(1) The key performance parameters, the key system
attributes, and the operational performance attributes
of the capability or asset to be acquired under the
proposed acquisition project or program.
(2) A detailed list of the systems or other
capabilities with which the capability or asset to be
acquired is intended to be interoperable, including an
explanation of the attributes of interoperability.
(3) The anticipated acquisition project or program
baseline and acquisition unit cost for the capability
or asset to be acquired under the project or program.
(4) A detailed schedule for the acquisition process
showing when all capability and asset acquisitions are
to be completed and when all acquired capabilities and
assets are to be initially and fully deployed.
(c) Analysis of Alternatives.--
(1) In general.--The Coast Guard may not acquire an
experimental or technically immature capability or
asset or implement a Level 1 or Level 2 acquisition
project or program, unless it has prepared an analysis
of alternatives for the capability or asset to be
acquired in the concept and technology development
phase of the acquisition process for the capability or
asset.
(2) Requirements.--The analysis of alternatives shall
be prepared by a federally funded research and
development center, a qualified entity of the
Department of Defense, or a similar independent third-
party entity that has appropriate acquisition expertise
and has no financial interest in any part of the
acquisition project or program that is the subject of
the analysis. At a minimum, the analysis of
alternatives shall include--
(A) an assessment of the technical maturity
of the capability or asset, and technical and
other risks;
(B) an examination of capability,
interoperability, and other advantages and
disadvantages;
(C) an evaluation of whether different
combinations or quantities of specific assets
or capabilities could meet the Coast Guard's
overall performance needs;
(D) a discussion of key assumptions and
variables, and sensitivity to change in such
assumptions and variables;
(E) when an alternative is an existing
capability, asset, or prototype, an evaluation
of relevant safety and performance records and
costs;
(F) a calculation of life-cycle costs
including--
(i) an examination of likely research
and development costs and the levels of
uncertainty associated with such
estimated costs;
(ii) an examination of likely
production and deployment costs and the
levels of uncertainty associated with
such estimated costs;
(iii) an examination of likely
operating and support costs and the
levels of uncertainty associated with
such estimated costs;
(iv) if they are likely to be
significant, an examination of likely
disposal costs and the levels of
uncertainty associated with such
estimated costs; and
(v) such additional measures as the
Commandant or the Secretary of the
department in which the Coast Guard is
operating determines to be necessary
for appropriate evaluation of the
capability or asset; and
(G) the business case for each viable
alternative.
(d) Test and Evaluation Master Plan.--
(1) In general.--For any Level 1 or Level 2
acquisition project or program the Chief Acquisition
Officer must approve a test and evaluation master plan
specific to the acquisition project or program for the
capability, asset, or subsystems of the capability or
asset and intended to minimize technical, cost, and
schedule risk as early as practicable in the
development of the project or program.
(2) Test and evaluation strategy.--The master plan
shall--
(A) set forth an integrated test and
evaluation strategy that will verify that
capability-level or asset-level and subsystem-
level design and development, including
performance and supportability, have been
sufficiently proven before the capability,
asset, or subsystem of the capability or asset
is approved for production; and
(B) require that adequate developmental tests
and evaluations and operational tests and
evaluations established under subparagraph (A)
are performed to inform production decisions.
(3) Other components of the master plan.--At a
minimum, the master plan shall identify--
(A) the key performance parameters to be
resolved through the integrated test and
evaluation strategy;
(B) the performance data to be used to
determine whether the key performance
parameters have been resolved;
(C) critical operational issues to be
assessed in addition to the key performance
parameters;
(D) the results during test and evaluation
that will be required to demonstrate that a
capability, asset, or subsystem meets
performance requirements;
(E) specific development test and evaluation
phases and the scope of each phase;
(F) modeling and simulation activities to be
performed, if any, and the scope of such
activities;
(G) early operational assessments to be
performed, if any, and the scope of such
assessments;
(H) operational test and evaluation phases;
(I) an estimate of the resources, including
funds, that will be required for all test,
evaluation, assessment, modeling, and
simulation activities; and
(J) the Government entity or independent
entity that will perform the test, evaluation,
assessment, modeling, and simulation
activities.
(4) Update.--The Chief Acquisition Officer must
approve an updated master plan whenever there is a
revision to project or program test and evaluation
strategy, scope, or phasing.
(5) Limitation.--The Coast Guard may not--
(A) proceed beyond that phase of the
acquisition process that entails approving the
supporting acquisition of a capability or asset
before the master plan is approved by the Chief
Acquisition Officer; or
(B) award any production contract for a
capability, asset, or subsystem for which a
master plan is required under this subsection
before the master plan is approved by the Chief
Acquisition Officer.
(e) Life-Cycle Cost Estimates.--
(1) In general.--The Commandant shall implement
mechanisms to ensure the development and regular
updating of life-cycle cost estimates for each
acquisition with a total acquisition cost that equals
or exceeds $10,000,000 and an expected service life of
10 or more years, and to ensure that these estimates
are considered in decisions to develop or produce new
or enhanced capabilities and assets.
(2) Types of estimates.--In addition to life-cycle
cost estimates that may be developed by acquisition
program offices, the Commandant shall require that an
independent life-cycle cost estimate be developed for
each Level 1 or Level 2 acquisition project or program.
(3) Required updates.--For each Level 1 or Level 2
acquisition project or program the Commandant shall
require that life-cycle cost estimates shall be updated
before each milestone decision is concluded and the
project or program enters a new acquisition phase.
Sec. [573] 1133. Preliminary development and demonstration
(a) In General.--The Commandant shall ensure that
developmental test and evaluation, operational test and
evaluation, life-cycle cost estimates, and the development and
demonstration requirements applied by this chapter to
acquisition projects and programs are met to confirm that the
projects or programs meet the requirements identified in the
mission-analysis and affordability assessment prepared under
section 571(a)(2), the operational requirements developed under
section 572(a)(1) and the following development and
demonstration objectives:
(1) To demonstrate that the design, manufacturing,
and production solution is based upon a stable,
producible, and cost-effective product design.
(2) To ensure that the product capabilities meet
contract specifications, acceptable operational
performance requirements, and system security
requirements.
(3) To ensure that the product design is mature
enough to commit to full production and deployment.
(b) Tests and Evaluations.--
(1) In general.--The Commandant shall ensure that the
Coast Guard conducts developmental tests and
evaluations and operational tests and evaluations of a
capability or asset and the subsystems of the
capability or asset in accordance with the master plan
prepared for the capability or asset under section
572(d)(1).
(2) Use of third parties.--The Commandant shall
ensure that the Coast Guard uses independent third
parties with expertise in testing and evaluating the
capabilities or assets and the subsystems of the
capabilities or assets being acquired to conduct
developmental tests and evaluations and operational
tests and evaluations whenever the Coast Guard lacks
the capability to conduct the tests and evaluations
required by a master plan.
(3) Communication of safety concerns.--The Commandant
shall require that safety concerns identified during
developmental or operational tests and evaluations or
through independent or Government-conducted design
assessments of capabilities or assets and subsystems of
capabilities or assets to be acquired by the Coast
Guard shall be communicated as soon as practicable, but
not later than 30 days after the completion of the test
or assessment event or activity that identified the
safety concern, to the program manager for the
capability or asset and the subsystems concerned and to
the Chief Acquisition Officer.
(4) Reporting of safety concerns.--Any safety
concerns that have been reported to the Chief
Acquisition Officer for an acquisition program or
project shall be reported by the Commandant to the
appropriate congressional committees at least 90 days
before the award of any contract or issuance of any
delivery order or task order for low, initial, or full-
rate production of the capability or asset concerned if
they will remain uncorrected or unmitigated at the time
such a contract is awarded or delivery order or task
order is issued. The report shall include a
justification for the approval of that level of
production of the capability or asset before the safety
concerns are corrected or mitigated. The report shall
also include an explanation of the actions that will be
taken to correct or mitigate the safety concerns, the
date by which those actions will be taken, and the
adequacy of current funding to correct or mitigate the
safety concerns.
(5) Asset already in low, initial, or full-rate
production.--If operational test and evaluation of a
capability or asset already in low, initial, or full-
rate production identifies a safety concern with the
capability or asset or any subsystems of the capability
or asset not previously identified during developmental
or operational test and evaluation, the Commandant
shall--
(A) notify the program manager and the Chief
Acquisition Officer of the safety concern as
soon as practicable, but not later than 30 days
after the completion of the test and evaluation
event or activity that identified the safety
concern; and
(B) notify the Chief Acquisition Officer and
include in such notification--
(i) an explanation of the actions
that will be taken to correct or
mitigate the safety concern in all
capabilities or assets and subsystems
of the capabilities or assets yet to be
produced, and the date by which those
actions will be taken;
(ii) an explanation of the actions
that will be taken to correct or
mitigate the safety concern in
previously produced capabilities or
assets and subsystems of the
capabilities or assets, and the date by
which those actions will be taken; and
(iii) an assessment of the adequacy
of current funding to correct or
mitigate the safety concern in
capabilities or assets and subsystems
of the capabilities or assets and in
previously produced capabilities or
assets and subsystems.
(c) Technical Certification.--
(1) In general.--The Commandant shall ensure that any
Level 1 or Level 2 acquisition project or program is
certified by the technical authority of the Coast Guard
after review by an independent third party with
capabilities in the mission area, asset, or particular
asset component.
(2) TEMPEST testing.--The Commandant shall--
(A) cause all electronics on all aircraft,
surface, and shore capabilities and assets that
require TEMPEST certification and that are
delivered after the date of enactment of the
Coast Guard Authorization Act of 2010 to be
tested in accordance with TEMPEST standards and
communications security (comsec) standards by
an independent third party that is authorized
by the Federal Government to perform such
testing; and
(B) certify that the assets meet all
applicable TEMPEST requirements.
(3) Cutter classification.--
(A) In general.--The Commandant shall cause
each cutter, other than a National Security
Cutter, acquired by the Coast Guard and
delivered after the date of enactment of the
Coast Guard Authorization Act of 2010 to be
classed by the American Bureau of Shipping
before final acceptance.
(4) Other vessels.--The Commandant shall cause the
design and construction of each National Security
Cutter, other than National Security Cutters 1, 2, and
3, to be assessed by an independent third party with
expertise in vessel design and construction
certification.
(5) Aircraft airworthiness.--The Commandant shall
cause all aircraft and aircraft engines acquired by the
Coast Guard and delivered after the date of enactment
of the Coast Guard Authorization Act of 2010 to be
assessed for airworthiness by an independent third
party with expertise in aircraft and aircraft engine
certification before final acceptance.
Sec. [574] 1134. Acquisition, production, deployment, and support
(a) In General.--The Commandant shall--
(1) ensure there is a stable and efficient production
and support capability to develop an asset or
capability for the Coast Guard;
(2) conduct follow-on testing to confirm and monitor
performance and correct deficiencies; and
(3) conduct acceptance tests and trials prior to the
delivery of each asset or system to ensure the
delivered asset or system achieves full operational
capability.
(b) Elements.--The Commandant shall--
(1) execute production contracts;
(2) ensure that delivered assets and capabilities
meet operational cost and schedules requirements
established in the acquisition program baseline;
(3) validate manpower and training requirements to
meet system needs to operate, maintain, support, and
instruct the assets or capabilities; and
(4) prepare an acquisition project or program
transition plan to enter into programmatic sustainment,
operations, and support.
Sec. [575] 1135. Acquisition program baseline breach
(a) In General.--The Commandant shall submit a report to the
appropriate congressional committees and the Committee on
Homeland Security of the House of Representatives as soon as
possible, but not later than 30 days, after the Chief
Acquisition Officer of the Coast Guard becomes aware of the
breach of an acquisition program baseline for any Level 1 or
Level 2 acquisition program, by--
(1) a likely cost overrun greater than 15 percent of
the acquisition program baseline for that individual
capability or asset or a class of capabilities or
assets;
(2) a likely delay of more than 180 days in the
delivery schedule for any individual capability or
asset or class of capabilities or assets; or
(3) an anticipated failure for any individual
capability or asset or class of capabilities or assets
to satisfy any key performance threshold or parameter
under the acquisition program baseline.
(b) Content.--The report submitted under subsection (a) shall
include--
(1) a detailed description of the breach and an
explanation of its cause;
(2) the projected impact to performance, cost, and
schedule;
(3) an updated acquisition program baseline and the
complete history of changes to the original acquisition
program baseline;
(4) the updated acquisition schedule and the complete
history of changes to the original schedule;
(5) a full life-cycle cost analysis for the
capability or asset or class of capabilities or assets;
(6) a remediation plan identifying corrective actions
and any resulting issues or risks; and
(7) a description of how progress in the remediation
plan will be measured and monitored.
(c) Substantial Variances in Costs or Schedule.--If a likely
cost overrun is greater than 20 percent or a likely delay is
greater than 12 months from the costs and schedule described in
the acquisition program baseline for any Level 1 or Level 2
acquisition project or program of the Coast Guard, the
Commandant shall include in the report a written certification,
with a supporting explanation, that--
(1) the capability or asset or capability or asset
class to be acquired under the project or program is
essential to the accomplishment of Coast Guard
missions;
(2) there are no alternatives to such capability or
asset or capability or asset class that will provide
equal or greater capability in both a more cost-
effective and timely manner;
(3) the new acquisition schedule and estimates for
total acquisition cost are reasonable; and
(4) the management structure for the acquisition
program is adequate to manage and control performance,
cost, and schedule.
Sec. [576] 1136. Acquisition approval authority
Nothing in this subchapter shall be construed as altering or
diminishing in any way the statutory authority and
responsibility of the Secretary of the department in which the
Coast Guard is operating, or the Secretary's designee, to--
(1) manage and administer department procurements,
including procurements by department components, as
required by section 701 of the Homeland Security Act of
2002 (6 U.S.C. 341); or
(2) manage department acquisition activities and act
as the Acquisition Decision Authority with regard to
the review or approval of a Coast Guard Level 1 or
Level 2 acquisition project or program, as required by
section 16 of the Office of Federal Procurement Policy
Act (41 U.S.C. 414) and related implementing
regulations and directives.
[GENERAL PROVISIONS]
SUBCHAPTER III--PROCUREMENT
Sec. [665] 1151. Restriction on construction of vessels in foreign
shipyards
(a) Except as provided in subsection (b), no Coast Guard
vessel, and no major component of the hull or superstructure of
a Coast Guard vessel, may be constructed in a foreign shipyard.
(b) The President may authorize exceptions to the prohibition
in subsection (a) when the President determines that it is in
the national security interest of the United States to do so.
The President shall transmit notice to Congress of any such
determination, and no contract may be made pursuant to the
exception authorized until the end of the 30-day period
beginning on the date the notice of such determination is
received by Congress.
Sec. [577] 1152. Advance procurement funding
(a) In General.--With respect to any Coast Guard vessel for
which amounts are appropriated and any amounts otherwise made
available for vessels for the Coast Guard in any fiscal year,
the Commandant of the Coast Guard may enter into a contract or
place an order, in advance of a contract or order for
construction of a vessel, for--
(1) materials, parts, components, and labor for the
vessel;
(2) the advance construction of parts or components
for the vessel;
(3) protection and storage of materials, parts, or
components for the vessel; and
(4) production planning, design, and other related
support services that reduce the overall procurement
lead time of the vessel.
(b) Use of Materials, Parts, and Components Manufactured in
the United States.--In entering into contracts and placing
orders under subsection (a), the Commandant may give priority
to persons that manufacture materials, parts, and components in
the United States.
Sec. [96] 1153. Prohibition on overhaul, repair, and maintenance of
Coast Guard vessels in foreign shipyards
A Coast Guard vessel the home port of which is in the United
States or Guam may not be overhauled, repaired, or maintained
in a shipyard outside the United States or Guam, other than in
the case of voyage repairs.
Sec. [97] 1154. Procurement of buoy chain
(a) Except as provided in subsection (b), the Coast Guard may
not procure buoy chain--
(1) that is not manufactured in the United States; or
(2) substantially all of the components of which are
not produced or manufactured in the United States.
(b) The Coast Guard may procure buoy chain that is not
manufactured in the United States if the Secretary determines
that--
(1) the price of buoy chain manufactured in the
United States is unreasonable; or
(2) emergency circumstances exist.
[SPECIAL PROVISIONS]
SUBCHAPTER IV-- DEFINITIONS
Sec. [581] 1171. Definitions
In this chapter:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(2) Chief acquisition officer.--The term ``Chief
Acquisition Officer'' means the officer appointed under
section 56 of this title.
(3) Customer of a major acquisition program.--The
term ``customer of a major acquisition program'' means
the operating field unit of the Coast Guard that will
field the system or systems acquired under a major
acquisition program.
(4) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(5) Level 1 acquisition.--The term ``Level 1
acquisition'' means--
(A) an acquisition by the Coast Guard--
(i) the estimated life-cycle costs of
which exceed $1,000,000,000; or
(ii) the estimated total acquisition
costs of which exceed $300,000,000; or
(B) any acquisition that the Chief
Acquisition Officer of the Coast Guard
determines to have a special interest--
(i) due to--
(I) the experimental or
technically immature nature of
the asset;
(II) the technological
complexity of the asset;
(III) the commitment of
resources; or
(IV) the nature of the
capability or set of
capabilities to be achieved; or
(ii) because such acquisition is a
joint acquisition.
(6) Level 2 acquisition.--The term ``Level 2
acquisition'' means an acquisition by the Coast Guard--
(A) the estimated life-cycle costs of which
are equal to or less than $1,000,000,000, but
greater than $300,000,000; or
(B) the estimated total acquisition costs of
which are equal to or less than $300,000,000,
but greater than $100,000,000.
(7) Life-cycle cost.--The term ``life-cycle cost''
means all costs for development, procurement,
construction, and operations and support for a
particular capability or asset, without regard to
funding source or management control.
(8) Major acquisition program.--The term ``major
acquisition program'' means an ongoing acquisition
undertaken by the Coast Guard with a life-cycle cost
estimate greater than or equal to $300,000,000.
(9) Project or program manager defined.--The term
``project or program manager'' means an individual
designated--
(A) to develop, produce, and deploy a new
asset to meet identified operational
requirements; and
(B) to manage cost, schedule, and performance
of the acquisition, project, or program.
(10) Safety concern.--The term ``safety concern''
means any hazard associated with a capability or asset
or a subsystem of a capability or asset that is likely
to cause serious bodily injury or death to a typical
Coast Guard user in testing, maintaining, repairing, or
operating the capability, asset, or subsystem or any
hazard associated with the capability, asset, or
subsystem that is likely to cause major damage to the
capability, asset, or subsystem during the course of
its normal operation by a typical Coast Guard user.
(11) Developmental test and evaluation.--The term
``developmental test and evaluation'' means--
(A) the testing of a capability or asset and
the subsystems of the capability or asset to
determine whether they meet all contractual
performance requirements, including technical
performance requirements, supportability
requirements, and interoperability requirements
and related specifications; and
(B) the evaluation of the results of such
testing.
(12) Operational test and evaluation.--The term
``operational test and evaluation'' means--
(A) the testing of a capability or asset and
the subsystems of the capability or asset,
under conditions similar to those in which the
capability or asset and subsystems will
actually be deployed, for the purpose of
determining the effectiveness and suitability
of the capability or asset and subsystems for
use by typical Coast Guard users to conduct
those missions for which the capability or
asset and subsystems are intended to be used;
and
(B) the evaluation of the results of such
testing.
CHAPTER 13--NATIONAL MARITIME TRANSPORTATION ADVISORY COMMITTEES
Sec.
1301. National Chemical Transportation Safety Advisory Committee.
1302. National Commercial Fishing Safety Advisory Committee.
1303. National Merchant Marine Personnel Advisory Committee.
1304. National Merchant Mariner Medical Advisory Committee.
1305. National Boating Safety Advisory Committee.
1306. National Offshore Safety Advisory Committee.
1307. National Navigation Safety Advisory Committee.
1308. National Towing Safety Advisory Committee.
1309. Administration.
Sec. 1301. National Chemical Transportation Safety Advisory Committee
(a) Establishment.--There is established a National Chemical
Transportation Safety Advisory Committee (in this section
referred to as the ``Committee'').
(b) Function.--The Committee shall advise the Secretary on
matters relating to the safe and secure marine transportation
of hazardous materials.
(c) Membership.--
(1) In general.--The Committee shall consist of not
more than 25 members appointed by the Secretary in
accordance with this section and section 1309 of this
chapter.
(2) Expertise.--Each member of the Committee shall
have particular expertise, knowledge, and experience in
matters relating to the function of the Committee.
(3) Representation.--Each member of the Committee
shall represent 1 of the following:
(A) Chemical manufacturing entities.
(B) Entities related to marine handling or
transportation of chemicals.
(C) Vessel design and construction entities.
(D) Marine safety or security entities.
(E) Marine environmental protection entities.
(4) Distribution.--The Secretary shall, based on the
needs of the Coast Guard, determine the number of
members of the Committee who represent each entity
specified in paragraph (3). Neither this paragraph nor
any other provision of law shall be construed to
require an equal distribution of members representing
each entity specified in paragraph (3).
Sec. 1302. National Commercial Fishing Safety Advisory Committee
(a) Establishment.--There is established a National
Commercial Fishing Safety Advisory Committee (in this section
referred to as the ``Committee'').
(b) Function.--The Committee shall advise the Secretary on
matters relating to the safe operation of vessels to which
chapter 45 of title 46 applies, including the matters of--
(1) navigation safety;
(2) safety equipment and procedures;
(3) marine insurance;
(4) vessel design, construction, maintenance, and
operation; and
(5) personnel qualifications and training.
(c) Membership.--
(1) In general.--The Committee shall consist of 18
members appointed by the Secretary in accordance with
this section and section 1309 of this chapter.
(2) Expertise.--Each member of the Committee shall
have particular expertise, knowledge, and experience in
matters relating to the function of the Committee.
(3) Representation.--Members of the Committee shall
be appointed as follows:
(A) 10 members shall represent the commercial
fishing industry and--
(i) as a group, shall together
reflect a regional and representational
balance; and
(ii) as individuals, shall each have
experience--
(I) in the operation of
vessels to which chapter 45 of
title 46 applies; or
(II) as a crew member or
processing line worker on a
fish processing vessel.
(B) 1 member shall represent naval architects
and marine engineers.
(C) 1 member shall represent manufacturers of
equipment for vessels to which chapter 45 of
title 46 applies.
(D) 1 member shall represent education and
training professionals related to fishing
vessel, fish processing vessel, and fish tender
vessel safety and personnel qualifications.
(E) 1 member shall represent underwriters
that insure vessels to which chapter 45 of
title 46 applies.
(F) 1 member shall represent owners of
vessels to which chapter 45 of title 46
applies.
(G) 3 members shall represent the general
public and, to the extent possible, shall
include--
(i) an independent expert or
consultant in maritime safety;
(ii) a marine surveyor who provides
services to vessels to which chapter 45
of title 46 applies; and
(iii) a person familiar with issues
affecting fishing communities and the
families of fishermen.
Sec. 1303. National Merchant Marine Personnel Advisory Committee
(a) Establishment.--There is established a National Merchant
Marine Personnel Advisory Committee (in this section referred
to as the ``Committee'').
(b) Function.--The Committee shall advise the Secretary on
matters relating to personnel in the United States merchant
marine, including the training, qualifications, certification,
documentation, and fitness of mariners.
(c) Membership.--
(1) In general.--The Committee shall consist of 19
members appointed by the Secretary in accordance with
this section and section 1309 of this chapter.
(2) Expertise.--Each member of the Committee shall
have particular expertise, knowledge, and experience in
matters relating to the function of the Committee.
(3) Representation.--Members of the Committee shall
be appointed as follows:
(A) 9 members shall represent mariners and,
of the 9--
(i) each shall--
(I) be a citizen of the
United States; and
(II) hold an active license
or certificate issued under
chapter 71 of title 46 or a
merchant mariner document
issued under chapter 73 of
title 46;
(ii) 3 shall be deck officers who
represent merchant marine deck officers
and, of the 3--
(I) 2 shall be licensed for
oceans any gross tons;
(II) 1 shall be licensed for
inland river route with a
limited or unlimited tonnage;
(III) 2 shall have a master's
license or a master of towing
vessels license;
(IV) 1 shall have significant
tanker experience; and
(V) to the extent
practicable--
(aa) 1 shall
represent labor; and
(bb) 1 shall
represent management;
(iii) 3 shall be engineering officers
who represent merchant marine
engineering officers and, of the 3--
(I) 2 shall be licensed as
chief engineer any horsepower;
(II) 1 shall be licensed as
either a limited chief engineer
or a designated duty engineer;
and
(III) to the extent
practicable--
(aa) 1 shall
represent labor; and
(bb) 1 shall
represent management;
(iv) 2 shall be unlicensed seamen who
represent merchant marine unlicensed
seaman and, of the 2--
(I) 1 shall represent able-
bodied seamen; and
(II) 1 shall represent
qualified members of the engine
department; and
(v) 1 shall be a pilot who represents
merchant marine pilots.
(B) 6 members shall represent marine
educators and, of the 6--
(i) 3 shall be marine educators who
represent maritime academies and, of
the 3--
(I) 2 shall represent State
maritime academies (and are
jointly recommended by such
academies); and
(II) 1 shall represent either
State maritime academies or the
United States Merchant Marine
Academy; and
(ii) 3 shall be marine educators who
represent other maritime training
institutions and, of the 3, 1 shall
represent the small vessel industry.
(C) 2 members shall represent shipping
companies employed in ship operation
management.
(D) 2 members shall represent the general
public.
Sec. 1304. National Merchant Mariner Medical Advisory Committee
(a) Establishment.--There is established a National Merchant
Mariner Medical Advisory Committee (in this section referred to
as the ``Committee'').
(b) Function.--The Committee shall advise the Secretary on
matters relating to--
(1) medical certification determinations for the
issuance of licenses, certification of registry, and
merchant mariners' documents with respect to merchant
mariners;
(2) medical standards and guidelines for the physical
qualifications of operators of commercial vessels;
(3) medical examiner education; and
(4) medical research.
(c) Membership.--
(1) In general.--The Committee shall consist of 14
members appointed by the Secretary in accordance with
this section and section 1309 of this chapter.
(2) Expertise.--Each member of the Committee shall
have particular expertise, knowledge, and experience in
matters relating to the function of the Committee.
(3) Representation.--Members of the Committee shall
be appointed as follows:
(A) 9 shall represent health-care
professionals and have particular expertise,
knowledge, and experience regarding the medical
examinations of merchant mariners or
occupational medicine.
(B) 5 shall represent professional mariners
and have particular expertise, knowledge, and
experience in occupational requirements for
mariners.
Sec. 1305. National Boating Safety Advisory Committee
(a) Establishment.--There is established a National Boating
Safety Advisory Committee (in this section referred to as the
``Committee'').
(b) Function.--The Committee shall advise the Secretary on
matters relating to national boating safety.
(c) Membership.--
(1) In general.--The Committee shall consist of 21
members appointed by the Secretary in accordance with
this section and section 1309 of this chapter.
(2) Expertise.--Each member of the Committee shall
have particular expertise, knowledge, and experience in
matters relating to the function of the Committee.
(3) Representation.--Members of the Committee shall
be appointed as follows:
(A) 7 members shall represent State officials
responsible for State boating safety programs.
(B) 7 members shall represent recreational
vessel and associated equipment manufacturers.
(C) 7 members shall represent the general
public or national recreational boating
organizations and, of the 7, at least 5 shall
represent national recreational boating
organizations.
Sec. 1306. National Offshore Safety Advisory Committee
(a) Establishment.--There is established a National Offshore
Safety Advisory Committee (in this section referred to as the
``Committee'').
(b) Function.--The Committee shall advise the Secretary on
matters relating to activities directly involved with, or in
support of, the exploration of offshore mineral and energy
resources, to the extent that such matters are within the
jurisdiction of the Coast Guard.
(c) Membership.--
(1) In general.--The Committee shall consist of 15
members appointed by the Secretary in accordance with
this section and section 1309 of this chapter.
(2) Expertise.--Each member of the Committee shall
have particular expertise, knowledge, and experience in
matters relating to the function of the Committee.
(3) Representation.--Members of the Committee shall
be appointed as follows:
(A) 2 members shall represent entities
engaged in the production of petroleum.
(B) 2 members shall represent entities
engaged in offshore drilling.
(C) 2 members shall represent entities
engaged in the support, by offshore supply
vessels or other vessels, of offshore mineral
and oil operations, including geophysical
services.
(D) 1 member shall represent entities engaged
in the construction of offshore exploration and
recovery facilities.
(E) 1 member shall represent entities engaged
in diving services related to offshore
construction, inspection, and maintenance.
(F) 1 member shall represent entities engaged
in safety and training services related to
offshore exploration and construction.
(G) 1 member shall represent entities engaged
in pipelaying services related to offshore
construction.
(H) 2 members shall represent individuals
employed in offshore operations and, of the 2,
1 shall have recent practical experience on a
vessel or offshore unit involved in the
offshore mineral and energy industry.
(I) 1 member shall represent national
environmental entities.
(J) 1 member shall represent deepwater ports.
(K) 1 member shall represent the general
public (but not a specific environmental
group).
Sec. 1307. National Navigation Safety Advisory Committee
(a) Establishment.--There is established a National
Navigation Safety Advisory Committee (in this section referred
to as the ``Committee'').
(b) Function.--The Committee shall advise the Secretary on
matters relating to maritime collisions, rammings, and
groundings, Inland Rules of the Road, International Rules of
the Road, navigation regulations and equipment, routing
measures, marine information, and aids to navigation systems.
(c) Membership.--
(1) In general.--The Committee shall consist of not
more than 21 members appointed by the Secretary in
accordance with this section and section 1309 of this
chapter.
(2) Expertise.--Each member of the Committee shall
have particular expertise, knowledge, and experience in
matters relating to the function of the Committee.
(3) Representation.--Each member of the Committee
shall represent 1 of the following:
(A) Commercial vessel owners or operators.
(B) Professional mariners.
(C) Recreational boaters.
(D) The recreational boating industry.
(E) State agencies responsible for vessel or
port safety.
(F) The Maritime Law Association.
(4) Distribution.--The Secretary shall, based on the
needs of the Coast Guard, determine the number of
members of the Committee who represent each entity
specified in paragraph (3). Neither this paragraph nor
any other provision of law shall be construed to
require an equal distribution of members representing
each entity specified in paragraph (3).
Sec. 1308. National Towing Safety Advisory Committee
(a) Establishment.--There is established a National Towing
Safety Advisory Committee (in this section referred to as the
``Committee'').
(b) Function.--The Committee shall advise the Secretary on
matters relating to shallow-draft inland navigation, coastal
waterway navigation, and towing safety.
(c) Membership.--
(1) In general.--The Committee shall consist of 18
members appointed by the Secretary in accordance with
this section and section 1309 of this chapter.
(2) Expertise.--Each member of the Committee shall
have particular expertise, knowledge, and experience in
matters relating to the function of the Committee.
(3) Representation.--Members of the Committee shall
be appointed as follows:
(A) 7 members shall represent the barge and
towing industry, reflecting a regional
geographic balance.
(B) 1 member shall represent the offshore
mineral and oil supply vessel industry.
(C) 1 member shall represent masters and
pilots of towing vessels who hold active
licenses and have experience on the Western
Rivers and the Gulf Intracoastal Waterway.
(D) 1 member shall represent masters of
towing vessels in offshore service who hold
active licenses.
(E) 1 member shall represent masters of
active ship-docking or harbor towing vessels.
(F) 1 member shall represent licensed and
unlicensed towing vessel engineers with formal
training and experience.
(G) 2 members shall represent port districts,
authorities, or terminal operators.
(H) 2 members shall represent shippers and,
of the 2, 1 shall be engaged in the shipment of
oil or hazardous materials by barge.
(I) 2 members shall represent the general
public.
Sec. 1309. Administration
(a) Meetings.--Each committee established under this chapter
shall, at least once each year, meet at the call of the
Secretary or a majority of the members of the committee.
(b) Employee Status.--A member of a committee established
under this chapter shall not be considered an employee of the
Federal Government by reason of service on such committee,
except for the purposes of the following:
(1) Chapter 81 of title 5.
(2) Chapter 171 of title 28 and any other Federal law
relating to tort liability.
(c) Compensation.--Notwithstanding subsection (b), a member
of a committee established under this chapter, when actually
engaged in the performance of the duties of such committee,
may--
(1) receive compensation at a rate established by the
Secretary, not to exceed the maximum daily rate payable
under section 5376 of title 5; or
(2) if not compensated in accordance with paragraph
(1)--
(A) be reimbursed for actual and reasonable
expenses incurred in the performance of such
duties; or
(B) be allowed travel expenses, including per
diem in lieu of subsistence, as authorized by
section 5703 of title 5.
(d) Acceptance of Volunteer Services.--A member of a
committee established under this chapter may serve on such
committee on a voluntary basis without pay without regard to
section 1342 of title 31 or any other law.
(e) Status of Members.--
(1) In general.--Except as provided in paragraph (2),
with respect to a member of a committee established
under this chapter whom the Secretary appoints to
represent an entity or group--
(A) the member is authorized to represent the
interests of the applicable entity or group;
and
(B) requirements under Federal law that would
interfere with such representation and that
apply to a special Government employee (as
defined in section 202(a) of title 18),
including requirements relating to employee
conduct, political activities, ethics,
conflicts of interest, and corruption, do not
apply to the member.
(2) Exception.--Notwithstanding subsection (b), a
member of a committee established under this chapter
shall be treated as a special Government employee for
purposes of the committee service of the member if--
(A) the Secretary appointed the member to
represent the general public; or
(B) the member, without regard to service on
the committee, is a special Government
employee.
(f) Service on Committee.--
(1) Solicitation of nominations.--Before appointing
an individual as a member of a committee established
under this chapter, the Secretary shall publish, in the
Federal Register, a timely notice soliciting
nominations for membership on such committee.
(2) Appointments.--
(A) In general.--After considering
nominations received pursuant to a notice
published under paragraph (1), the Secretary
may, as necessary, appoint a member to the
applicable committee established under this
chapter.
(B) Prohibition.--The Secretary shall not
seek, consider, or otherwise use information
concerning the political affiliation of a
nominee in making an appointment to any
committee established under this chapter.
(3) Service at pleasure of the secretary.--Each
member of a committee established under this chapter
shall serve at the pleasure of the Secretary.
(4) Security background examinations.--The Secretary
may require an individual to have passed an appropriate
security background examination before appointment to a
committee established under this chapter.
(5) Prohibition.--
(A) In general.--Except as provided in
subparagraph (B), a Federal employee may not be
appointed as a member of a committee
established under this chapter.
(B) Special rule for national merchant marine
personnel advisory committee.--The Secretary
may appoint a Federal employee to serve as a
member of the National Merchant Marine
Personnel Advisory Committee to represent the
interests of the United States Merchant Marine
Academy and, notwithstanding paragraphs (1) and
(2), may do so without soliciting, receiving,
or considering nominations for such
appointment.
(6) Terms.--
(A) In general.--The term of each member of a
committee established under this chapter shall
expire--
(i) December 31 of the third full
year after the effective date of the
appointment; or
(ii) in the case of a member filling
a vacancy caused by another member not
completing a full term, at the end of
the unexpired term of the member
succeeded.
(B) Total number.--
(i) In general.--Except as provided
in clause (ii), members first appointed
to a committee established under this
chapter after January 1, 2018, may not
serve more than 2 terms.
(ii) Exceptions.--
(I) Vacancies.--A member
appointed to a committee
established under this chapter
to fill a vacancy caused by
another member not completing a
full term may be appointed to 2
terms in addition to the
unexpired term of the member
succeeded.
(II) Chairmen.--A member
elected Chairman of a committee
established under this chapter
may serve up to 3 terms.
(C) Continued service after term.--When the
term of a member of a committee established
under this chapter ends, the member, for a
period not to exceed 1 year, may continue to
serve as a member until a successor is
appointed.
(7) Vacancies.--A vacancy on a committee established
under this chapter shall be filled in the same manner
as the original appointment.
(8) Special rule for reappointments.--Notwithstanding
paragraphs (1) and (2), the Secretary may reappoint a
member of a committee established under this chapter
for any term, other than the first term of the member,
without soliciting, receiving, or considering
nominations for such appointment.
(g) Staff Services.--The Secretary shall furnish to each
committee established under this chapter any staff and services
considered by the Secretary to be necessary for the conduct of
the committee's functions.
(h) Chairman; Vice Chairman.--
(1) In general.--Each committee established under
this chapter shall elect a Chairman and Vice Chairman
from among the committee's members.
(2) Vice chairman acting as chairman.--The Vice
Chairman shall act as Chairman in the absence or
incapacity of, or in the event of a vacancy in the
office of, the Chairman.
(i) Subcommittees and Working Groups.--
(1) In general.--The Chairman of a committee
established under this chapter may establish and
disestablish subcommittees and working groups for any
purpose consistent with the function of the committee.
(2) Participants.--Subject to conditions imposed by
the Chairman, members of a committee established under
this chapter and additional persons drawn from entities
or groups designated by this chapter to be represented
on the committee or the general public may be assigned
to subcommittees and working groups established under
paragraph (1).
(3) Chair.--Only committee members may chair
subcommittees and working groups established under
paragraph (1).
(j) Consultation.--Before taking any significant action, the
Secretary shall consult with, and consider the information,
advice, and recommendations of, a committee established under
this chapter if the function of the committee is to advise the
Secretary on matters related to the significant action.
(k) Termination.--Each committee established under this
chapter shall terminate on September 30, 2027.
(l) Advice, Reports, and Recommendations.--
(1) In general.--Each committee established under
this chapter shall submit its advice, reports, and
recommendations to the Secretary.
(2) Submission to congress.--The Secretary shall
submit such advice, reports, and recommendations to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(m) Observers.--Any Federal agency with matters under such
agency's administrative jurisdiction related to the function of
a committee established under this chapter may designate a
representative to--
(1) attend any meeting of such committee; and
(2) participate as an observer at meetings of such
committee that relate to such a matter.
[CHAPTER 13--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS]
[Sec.
[461. Remission of indebtedness.
[467. Computation of length of service.
[468. Procurement of personnel.
[469. Training.
[470. Special instruction at universities.
[471. Attendance at professional meetings.
[472. Education loan repayment program.
[475. Leasing and hiring of quarters; rental of inadequate housing.
[476. Contingent expenses.
[477. Equipment to prevent accidents.
[478. Rations or commutation therefor in money.
[479. Sales of ration supplies to messes.
[480. Flight rations.
[481. Payments at time of discharge for good of service.
[482. Clothing at time of discharge for good of service.
[483. Right to wear uniform.
[484. Protection of uniform.
[485. Clothing for officers and enlisted personnel.
[486. Clothing for destitute shipwrecked persons.
[487. Procurement and sale of stores to members and civilian employees.
[488. Advancement of public funds to personnel.
[491. Medal of honor.
[491a. Coast Guard cross.
[492. Distinguished service medal.
[492a. Silver star medal.
[492b. Distinguished flying cross.
[493. Coast Guard medal.
[494. Insignia for additional awards.
[496. Time limit on award; report concerning deed.
[497. Honorable subsequent service as condition to award.
[498. Posthumous awards.
[499. Delegation of powers to make awards; rules and regulations.
[500. Life-saving medals.
[501. Replacement of medals.
[502. Award of other medals.
[503. Awards and insignia for excellence in service or conduct.
[504. Medal of honor: duplicate medal.
[505. Medal of honor: presentation of Medal of Honor Flag.
[507. Disposition of effects of decedents.
[508. Deserters; payment of expenses incident to apprehension and
delivery; penalties.
[509. Persons discharged as result of court-martial; allowances to.
[510. Shore patrol duty; payment of expenses.
[511. Compensatory absence from duty for military personnel at isolated
duty stations.
[512. Monetary allowance for transportation of household effects.
[513. Retroactive payment of pay and allowances delayed by
administrative error or oversight.
[516. Presentation of United States flag upon retirement.
[517. Travel card management.
[518. Reimbursement for medical-related travel expenses for certain
persons residing on islands in the continental United States.
[519. Annual audit of pay and allowances of members undergoing permanent
change of station.
[520. Prospective payment of funds necessary to provide medical care.]
[CHAPTER 14--COAST GUARD FAMILY SUPPORT AND CHILD CARE]
[SUBCHAPTER I--GENERAL PROVISIONS
[Sec.
[531. Work-life policies and programs.
[532. Surveys of Coast Guard families.
[SUBCHAPTER II--COAST GUARD FAMILY SUPPORT
[541. Reimbursement for adoption expenses.
[542. Education and training opportunities for Coast Guard spouses.
[543. Youth sponsorship initiatives.
[544. Dependent school children.
[SUBCHAPTER III--COAST GUARD CHILD CARE
[551. Definitions.
[552. Child development services.
[553. Child development center standards and inspections.
[554. Child development center employees.
[555. Parent partnerships with child development centers.]
[SUBCHAPTER I--GENERAL PROVISIONS]
[SUBCHAPTER II--COAST GUARD FAMILY SUPPORT]
[SUBCHAPTER III--COAST GUARD CHILD CARE]
[CHAPTER 15--ACQUISITIONS]
[SUBCHAPTER I--GENERAL PROVISIONS
[Sec.
[561. Acquisition directorate.
[562. Improvements in Coast Guard acquisition management.
[563. Recognition of Coast Guard personnel for excellence in
acquisition.
[564. Prohibition on use of lead systems integrators.
[565. Required contract terms.
[566. Department of Defense consultation.
[567. Undefinitized contractual actions.
[568. Guidance on excessive pass-through charges.
[569. Mission need statement.
[SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES
[571. Identification of major system acquisitions.
[572. Acquisition.
[573. Preliminary development and demonstration.
[574. Acquisition, production, deployment, and support.
[575. Acquisition program baseline breach.
[576. Acquisition approval authority.
[577. Advance procurement funding.
[578. Role of Vice Commandant in major acquisition programs.
[579. Extension of major acquisition program contracts.
[SUBCHAPTER III--DEFINITIONS
[581. Definitions.]
[SUBCHAPTER I--GENERAL PROVISIONS]
[SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES]
[SUBCHAPTER III--DEFINITIONS]
[CHAPTER 17--ADMINISTRATION]
[Sec.
[631. Delegation of powers by the Secretary.
[632. Functions and powers vested in the Commandant.
[633. Regulations.
[634. Officers holding certain offices.
[635. Oaths required for boards.
[636. Administration of oaths.
[637. Stopping vessels; indemnity for firing at or into vessel.
[638. Coast Guard ensigns and pennants.
[639. Penalty for unauthorized use of words ``Coast Guard''.
[640. Coast Guard band recordings for commercial sale.
[641. Disposal of certain material.
[642. Deposit of damage payments.
[643. Rewards for apprehension of persons interfering with aids to
navigation.
[644. Payment for the apprehension of stragglers.
[645. Confidentiality of medical quality assurance records; qualified
immunity for participants.
[646. Admiralty claims against the United States.
[647. Claims for damage to property of the United States.
[648. Accounting for industrial work.
[649. Supplies and equipment from stock.
[650. Coast Guard Supply Fund.
[652. Removing restrictions.
[653. Employment of draftsmen and engineers.
[654. Public and commercial vessels and other watercraft; sale of fuel,
supplies, and services.
[655. Arms and ammunition; immunity from taxation.
[656. Use of certain appropriated funds.
[658. Confidential investigative expenses.
[659. Assistance to film producers.
[660. Transportation to and from certain places of employment.
[664. User fees.
[665. Restriction on construction of vessels in foreign shipyards.
[666. Local hire.
[667. Vessel construction bonding requirements.
[668. Contracts for medical care for retirees, dependents, and
survivors: alternative delivery of health care.
[669. Telephone installation and charges.
[670. Procurement authority for family housing.
[671. Air Station Cape Cod Improvements.
[672. Long-term lease of special purpose facilities.
[672a. Long-term lease authority for lighthouse property.
[673. Designation, powers, and accountability of deputy disbursing
officials.
[674. Small boat station rescue capability.
[675. Small boat station closures.
[676. Search and rescue center standards.
[676a. Air facility closures.
[677. Turnkey selection procedures.
[678. Aircraft accident investigations.
[679. Inventory of real property.
[680. Retired service members and dependents serving on advisory
committees.
[681. Disposition of infrastructure related to E-LORAN.]
[Sec. 634. Officers holding certain offices
[(a) Any officer, including any petty officer, may be
designated by the Commandant as captain of the port or ports or
adjacent high seas or waters over which the United States has
jurisdiction, as the Commandant deems necessary to facilitate
execution of Coast Guard duties.
[(b) Commissioned officers may be appointed as United States
Deputy Marshals in Alaska.]
[CHAPTER 18--COAST GUARD HOUSING AUTHORITIES]
[Sec.
[680. Definitions.
[681. General authority.
[685. Conveyance of real property.
[687. Coast Guard Housing Fund.
[688. Reports.]
SUBTITLE II--PERSONNEL
Chap. Sec.
Coast Guard Academy...........................................1901
Personnel; Officers...........................................2101
Personnel; Enlisted...........................................2301
Personnel; General Provisions.................................2501
Pay, Allowances, Awards, and Other Rights and Benefits........2701
Coast Guard Family Support, Child Care, and Housing...........2901
CHAPTER 19--[ENVIRONMENTAL COMPLIANCE AND RESTORATION PROGRAM] COAST
GUARD ACADEMY
Sec.
[690. Definitions.
[691. Environmental Compliance and Restoration Program.
[692. Environmental Compliance and Restoration Account.
[693. Annual list of projects to Congress.]
SUBCHAPTER I-ADMINISTRATION
1901. Administration of Academy.
1902. Policy on sexual harassment and sexual violence.
1903. Annual Board of Visitors.
1904. Participation in Federal, State, or other educational research
grants.
SUBCHAPTER II-CADETS
1921. Corps of Cadets authorized strength.
1922. Appointments.
1923. Admission of foreign nationals for instruction; restrictions;
conditions.
1924. Conduct.
1925. Agreement.
1926. Cadet applicants; preappointment travel to Academy.
1927. Cadets; initial clothing allowance.
1928. Cadets; degree of bachelor of science.
1929. Cadets; appointment as ensign.
1930. Cadets: charges and fees for attendance; limitation.
SUBCHAPTER III-FACULTY
1941. Civilian teaching staff.
1942. Permanent commissioned teaching staff; composition.
1943. Appointment of permanent commissioned teaching staff.
1944. Grade of permanent commissioned teaching staff.
1945. Retirement of permanent commissioned teaching staff.
1946. Credit for service as member of civilian teaching staff.
1947. Assignment of personnel as instructors.
1948. Marine safety curriculum.
SUBCHAPTER I--ADMINISTRATION
Sec. [181] 1901. Administration of Academy
The immediate government and military command of the Coast
Guard Academy shall be in the Superintendent of the Academy,
subject to the direction of the Commandant under the general
supervision of the Secretary. The Commandant may select a
superintendent from the active list of the Coast Guard who
shall serve in the pleasure of the Commandant.
Sec. [200] 1902. Policy on sexual harassment and sexual violence
(a) Required Policy.--The Commandant of the Coast Guard shall
direct the Superintendent of the Coast Guard Academy to
prescribe a policy on sexual harassment and sexual violence
applicable to the cadets and other personnel of the Academy.
(b) Matters To Be Specified in Policy.--The policy on sexual
harassment and sexual violence under this section shall include
specification of the following:
(1) Programs to promote awareness of the incidence of
rape, acquaintance rape, and other sexual offenses of a
criminal nature that involve cadets or other Academy
personnel.
(2) Information about how the Coast Guard and the
Academy will protect the confidentiality of victims of
sexual harassment or sexual violence, including how any
records, statistics, or reports intended for public
release will be formatted such that the confidentiality
of victims is not jeopardized.
(3) Procedures that cadets and other Academy
personnel should follow in the case of an occurrence of
sexual harassment or sexual violence, including--
(A) if the victim chooses to report an
occurrence of sexual harassment or sexual
violence, a specification of the person or
persons to whom the alleged offense should be
reported and options for confidential
reporting, including written information to be
given to victims that explains how the Coast
Guard and the Academy will protect the
confidentiality of victims;
(B) a specification of any other person whom
the victim should contact; and
(C) procedures on the preservation of
evidence potentially necessary for proof of
criminal sexual assault.
(4) Procedures for disciplinary action in cases of
criminal sexual assault involving a cadet or other
Academy personnel.
(5) Sanctions authorized to be imposed in a
substantiated case of sexual harassment or sexual
violence involving a cadet or other Academy personnel,
including with respect to rape, acquaintance rape, or
other criminal sexual offense, whether forcible or
nonforcible.
(6) Required training on the policy for all cadets
and other Academy personnel who process allegations of
sexual harassment or sexual violence involving a cadet
or other Academy personnel.
(c) Assessment.--
(1) In general.--The Commandant shall direct the
Superintendent to conduct at the Academy during each
Academy program year an assessment to determine the
effectiveness of the policies of the Academy with
respect to sexual harassment and sexual violence
involving cadets or other Academy personnel.
(2) Biennial survey.--For the assessment at the
Academy under paragraph (1) with respect to an Academy
program year that begins in an odd-numbered calendar
year, the Superintendent shall conduct a survey of
cadets and other Academy personnel--
(A) to measure--
(i) the incidence, during that
program year, of sexual harassment and
sexual violence events, on or off the
Academy reservation, that have been
reported to an official of the Academy;
and
(ii) the incidence, during that
program year, of sexual harassment and
sexual violence events, on or off the
Academy reservation, that have not been
reported to an official of the Academy;
and
(B) to assess the perceptions of the cadets
and other Academy personnel with respect to--
(i) the Academy's policies, training,
and procedures on sexual harassment and
sexual violence involving cadets or
other Academy personnel;
(ii) the enforcement of such
policies;
(iii) the incidence of sexual
harassment and sexual violence
involving cadets or other Academy
personnel; and
(iv) any other issues relating to
sexual harassment and sexual violence
involving cadets or other Academy
personnel.
(d) Report.--
(1) In general.--The Commandant shall direct the
Superintendent to submit to the Commandant a report on
sexual harassment and sexual violence involving cadets
or other Academy personnel for each Academy program
year.
(2) Report specifications.--Each report under
paragraph (1) shall include, for the Academy program
year covered by the report, the following:
(A) The number of sexual assaults, rapes, and
other sexual offenses involving cadets or other
Academy personnel that have been reported to
Academy officials during the Academy program
year and, of those reported cases, the number
that have been substantiated.
(B) A plan for the actions that are to be
taken in the following Academy program year
regarding prevention of and response to sexual
harassment and sexual violence involving cadets
or other Academy personnel.
(3) Biennial survey.--Each report under paragraph (1)
for an Academy program year that begins in an odd-
numbered calendar year shall include the results of the
survey conducted in that Academy program year under
subsection (c)(2).
(4) Transmission of report.--The Commandant shall
transmit each report received by the Commandant under
this subsection, together with the Commandant's
comments on the report, to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Transportation and
Infrastructure of the House of Representatives.
(5) Focus groups.--
(A) In general.--For each Academy program
year with respect to which the Superintendent
is not required to conduct a survey at the
Academy under subsection (c)(2), the Commandant
shall require focus groups to be conducted at
the Academy for the purposes of ascertaining
information relating to sexual assault and
sexual harassment issues at the Academy.
(B) Inclusion in reports.--Information
derived from a focus group under subparagraph
(A) shall be included in the next transmitted
Commandant's report under this subsection.
(e) Victim Confidentiality.--To the extent that information
collected under the authority of this section is reported or
otherwise made available to the public, such information shall
be provided in a form that is consistent with applicable
privacy protections under Federal law and does not jeopardize
the confidentiality of victims.
Sec. [194] 1903. Annual Board of Visitors
(a) In General.--A Board of Visitors to the Coast Guard
Academy is established to review and make recommendations on
the operation of the Academy.
(b) Membership.--
(1) In general.--The membership of the Board shall
consist of the following:
(A) The chairman of the Committee on
Commerce, Science, and Transportation of the
Senate, or the chairman's designee.
(B) The chairman of the Committee on
Transportation and Infrastructure of the House
of Representatives, or the chairman's designee.
(C) 3 Members of the Senate designated by the
Vice President.
(D) 4 Members of the House of Representatives
designated by the Speaker of the House of
Representatives.
(E) 6 individuals designated by the
President.
(2) Length of service.--
(A) Members of congress.--A Member of
Congress designated under subparagraph (C) or
(D) of paragraph (1) as a member of the Board
shall be designated as a member in the First
Session of a Congress and serve for the
duration of that Congress.
(B) Individuals designated by the
president.--Each individual designated by the
President under subparagraph (E) of paragraph
(1) shall serve as a member of the Board for 3
years, except that any such member whose term
of office has expired shall continue to serve
until a successor is appointed.
(3) Death or resignation of a member.--If a member of
the Board dies or resigns, a successor shall be
designated for any unexpired portion of the term of the
member by the official who designated the member.
(c) Academy Visits.--
(1) Annual visit.--The Board shall visit the Academy
annually to review the operation of the Academy.
(2) Additional visits.--With the approval of the
Secretary, the Board or individual members of the Board
may make other visits to the Academy in connection with
the duties of the Board or to consult with the
Superintendent of the Academy.
(d) Scope of Review.--The Board shall review, with respect to
the Academy--
(1) the state of morale and discipline;
(2) the curriculum;
(3) instruction;
(4) physical equipment;
(5) fiscal affairs; and
(6) other matters relating to the Academy that the
Board determines appropriate.
(e) Report.--Not later than 60 days after the date of an
annual visit of the Board under subsection (c)(1), the Board
shall submit to the Secretary, the Committee on Commerce,
Science, and Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the actions of the Board during
such visit and the recommendations of the Board pertaining to
the Academy.
(f) Advisors.--If approved by the Secretary, the Board may
consult with advisors in carrying out this section.
(g) Reimbursement.--Each member of the Board and each adviser
consulted by the Board under subsection (f) shall be
reimbursed, to the extent permitted by law, by the Coast Guard
for actual expenses incurred while engaged in duties as a
member or adviser.
Sec. [196] 1904. Participation in Federal, State, or other educational
research grants
(a) In General.--Notwithstanding any other provision of law,
the United States Coast Guard Academy may compete for and
accept Federal, State, or other educational research grants,
subject to the following limitations:
(1) No award may be accepted for the acquisition or
construction of facilities.
(2) No award may be accepted for the routine
functions of the Academy.
(b) Qualified Organizations.--
(1) In general.--The Commandant of the Coast Guard
may--
(A) enter into a contract, cooperative
agreement, lease, or licensing agreement with a
qualified organization;
(B) allow a qualified organization to use, at
no cost, personal property of the Coast Guard;
and
(C) notwithstanding section 93, accept funds,
supplies, and services from a qualified
organization.
(2) Sole-source basis.--Notwithstanding chapter 65 of
title 31 and chapter 137 of title 10, the Commandant
may enter into a contract or cooperative agreement
under paragraph (1)(A) on a sole-source basis.
(3) Maintaining fairness, objectivity, and
integrity.--The Commandant shall ensure that
contributions under this subsection do not--
(A) reflect unfavorably on the ability of the
Coast Guard, any of its employees, or any
member of the armed forces to carry out any
responsibility or duty in a fair and objective
manner; or
(B) compromise the integrity or appearance of
integrity of any program of the Coast Guard, or
any individual involved in such a program.
(4) Limitation.--For purposes of this subsection,
employees or personnel of a qualified organization
shall not be employees of the United States.
(5) Qualified organization defined.--In this
subsection the term ``qualified organization'' means an
organization--
(A) described under section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from
taxation under section 501(a) of that Code; and
(B) established by the Coast Guard Academy
Alumni Association solely for the purpose of
supporting academic research and applying for
and administering Federal, State, or other
educational research grants on behalf of the
Coast Guard Academy.
SUBCHAPTER II--CADETS
Sec. 1921. Corps of Cadets authorized strength
The number of cadets appointed annually to the Academy shall
be as determined by the Secretary but the number appointed in
any one year shall not exceed six hundred.
Sec. 1922. Appointments
Appointments to cadetships shall be made under regulations
prescribed by the Secretary, who shall determine age limits,
methods of selection of applicants, term of service as a cadet
before graduation, and all other matters affecting such
appointments. In the administration of this section, the
Secretary shall take such action as may be necessary and
appropriate to insure that female individuals shall be eligible
for appointment and admission to the Coast Guard Academy, and
that the relevant standards required for appointment,
admission, training, graduation, and commissioning of female
individuals shall be the same as those required for male
individuals, except for those minimum essential adjustments in
such standards required because of physiological differences
between male and female individuals.
Sec. [195] 1923. Admission of foreign nationals for instruction;
restrictions; conditions
(a) A foreign national may not receive instruction at the
Academy except as authorized by this section.
(b) The President may designate not more than 36 foreign
nationals whom the Secretary may permit to receive instruction
at the Academy.
(c) A foreign national receiving instruction under this
section is entitled to the same pay, allowances, and
emoluments, to be paid from the same appropriations, as a cadet
appointed pursuant to section [182] 1922 of this title. A
foreign national may receive instruction under this section
only if his country agrees in advance to reimburse the United
States, at a rate determined by the Secretary, for the cost of
providing such instruction, including pay, allowances, and
emoluments, unless a waiver therefrom has been granted to that
country by the Secretary. Funds received by the Secretary for
this purpose shall be credited to the appropriations bearing
the cost thereof, and may be apportioned between fiscal years.
(d) A foreign national receiving instruction under this
section is--
(1) not entitled to any appointment in the Coast
Guard by reason of his graduation from the Academy; and
(2) subject to those regulations applicable to the
Academy governing admission, attendance, discipline,
resignation, discharge, dismissal, and graduation,
except as may otherwise be prescribed by the Secretary.
Sec. 1924. Conduct
The Secretary may summarily dismiss from the Coast Guard any
cadet who, during his cadetship, is found unsatisfactory in
either studies or conduct, or may be deemed not adapted for a
career in the Coast Guard. Cadets shall be subject to rules
governing discipline prescribed by the Commandant.
Sec. 1925. Agreement
(a) Each cadet shall sign an agreement with respect to the
cadet's length of service in the Coast Guard. The agreement
shall provide that the cadet agrees to the following:
(1) That the cadet will complete the course of
instruction at the Coast Guard Academy.
(2) That upon graduation from the Coast Guard Academy
the cadet--
(A) will accept an appointment, if tendered,
as a commissioned officer of the Coast Guard;
and
(B) will serve on active duty for at least
five years immediately after such appointment.
(3) That if an appointment described in paragraph (2)
is not tendered or if the cadet is permitted to resign
as a regular officer before the completion of the
commissioned service obligation of the cadet, the
cadet--
(A) will accept an appointment as a
commissioned officer in the Coast Guard
Reserve; and
(B) will remain in that reserve component
until completion of the commissioned service
obligation of the cadet.
(b)(1) The Secretary may transfer to the Coast Guard Reserve,
and may order to active duty for such period of time as the
Secretary prescribes (but not to exceed four years), a cadet
who breaches an agreement under subsection (a). The period of
time for which a cadet is ordered to active duty under this
paragraph may be determined without regard to section 651(a) of
title 10.
(2) A cadet who is transferred to the Coast Guard Reserve
under paragraph (1) shall be transferred in an appropriate
enlisted grade or rating, as determined by the Secretary.
(3) For the purposes of paragraph (1), a cadet shall be
considered to have breached an agreement under subsection (a)
if the cadet is separated from the Coast Guard Academy under
circumstances which the Secretary determines constitute a
breach by the cadet of the cadet's agreement to complete the
course of instruction at the Coast Guard Academy and accept an
appointment as a commissioned officer upon graduation from the
Coast Guard Academy.
(c) The Secretary shall prescribe regulations to carry out
this section. Those regulations shall include--
(1) standards for determining what constitutes, for
the purpose of subsection (b), a breach of an agreement
under subsection (a);
(2) procedures for determining whether such a breach
has occurred; and
(3) standards for determining the period of time for
which a person may be ordered to serve on active duty
under subsection (b).
(d) In this section, ``commissioned service obligation'',
with respect to an officer who is a graduate of the Academy,
means the period beginning on the date of the officer's
appointment as a commissioned officer and ending on the sixth
anniversary of such appointment or, at the discretion of the
Secretary, any later date up to the eighth anniversary of such
appointment.
(e)(1) This section does not apply to a cadet who is not a
citizen or national of the United States.
(2) In the case of a cadet who is a minor and who has parents
or a guardian, the cadet may sign the agreement required by
subsection (a) only with the consent of the parent or guardian.
(f) A cadet or former cadet who does not fulfill the terms of
the obligation to serve as specified under section (a), or the
alternative obligation imposed under subsection (b), shall be
subject to the repayment provisions of section 303a(e) of title
37.
Sec. [181a] 1926. Cadet applicants; preappointment travel to Academy
The Secretary is authorized to expend appropriated funds for
selective preappointment travel to the Academy for orientation
visits of cadet applicants.
Sec. [183] 1927. Cadets; initial clothing allowance
The Secretary may prescribe a sum which shall be credited to
each new cadet upon first admission to the Academy, to cover
the cost of his initial clothing and equipment issue, which sum
shall be deducted subsequently from his pay. Each cadet
discharged prior to graduation who is indebted to the United
States on account of advances of pay to purchase required
clothing and equipment shall be required to turn in to the
Academy all clothing and equipment of a distinctively military
nature to the extent required to discharge such indebtedness;
and, if the value of such clothing and equipment so turned in
does not cover the indebtedness incurred, then such
indebtedness shall be canceled.
Sec. [184] 1928. Cadets; degree of bachelor of science
The Superintendent of the Academy may, under such rules and
regulations as the Secretary shall prescribe, confer the degree
of bachelor of science upon all graduates of the Academy and
may, in addition, confer the degree of bachelor of science upon
such other living graduates of the Academy as shall have met
the requirements of the Academy for such degree.
Sec. [185] 1929. Cadets; appointment as ensign
The President may, by and with the advice and consent of the
Senate, appoint as ensigns in the Coast Guard all cadets who
shall graduate from the Academy. Ensigns so commissioned on the
same date shall take rank according to their proficiency as
shown by the order of their merit at date of graduation.
Sec. [197] 1930. Cadets: charges and fees for attendance; limitation
(a) Prohibition.--Except as provided in subsection (b), no
charge or fee for tuition, room, or board for attendance at the
Academy may be imposed unless the charge or fee is specifically
authorized by a law enacted after October 5, 1994.
(b) Exception.--The prohibition specified in subsection (a)
does not apply with respect to any item or service provided to
cadets for which a charge or fee is imposed as of October 5,
1994. The Secretary shall notify Congress of any change made by
the Academy in the amount of a charge or fee authorized under
this subsection.
SUBCHAPTER III--FACULTY
Sec. [186] 1941. Civilian teaching staff
(a) The Secretary may appoint in the Coast Guard such number
of civilian faculty members at the Academy as the needs of the
Service may require. They shall have such titles and perform
duties as prescribed by the Secretary. Leaves of absence and
hours of work for civilian faculty members shall be governed by
regulations promulgated by the Secretary, without regard to the
provisions of title 5.
(b) The compensation of persons employed under this section
is as prescribed by the Secretary.
Sec. [187] 1942. Permanent commissioned teaching staff; composition
The permanent commissioned teaching staff at the Academy
shall consist of professors, associate professors, assistant
professors and instructors, in such numbers as the needs of the
Service require. They shall perform duties as prescribed by the
Commandant, and exercise command only in the academic
department of the Academy.
Sec. [188] 1943. Appointment of permanent commissioned teaching staff
The President may appoint in the Coast Guard, by and with the
advice and consent of the Senate, the professors, associate
professors, assistant professors, and instructors who are to
serve on the permanent commissioned teaching staff of the
Academy. An original appointment to the permanent commissioned
teaching staff, unless the appointee has served as a civilian
member of the teaching staff, regular commissioned officer,
temporary commissioned officer, or reserve commissioned officer
in the Coast Guard, shall be a temporary appointment until the
appointee has satisfactorily completed a probationary term of
four years of service; thereafter he may be regularly appointed
and his rank shall date from the date of his temporary
appointment in the grade in which permanently appointed.
Sec. [189] 1944. Grade of permanent commissioned teaching staff
Professors shall be commissioned officers with grade not
above captain, associate and assistant professors with grade
not above commander, and instructors with grade not above
lieutenant commander. All officers of the permanent
commissioned teaching staff shall receive the pay and
allowances of other commissioned officers of the same grade and
length of service. When any such professor, associate
professor, assistant professor, or instructor is appointed or
commissioned with grade less than the highest grade permitted,
he shall be promoted under regulations prescribed by the
Secretary.
Sec. [190] 1945. Retirement of permanent commissioned teaching staff
Professors, associate professors, assistant professors, and
instructors in the Coast Guard shall be subject to retirement
or discharge from active service for any cause on the same
basis as other commissioned officers of the Coast Guard, except
that they shall not be required to retire from active service
under the provisions of section 288 of this title, nor shall
they be subject to the provisions of section 289 of this title,
nor shall they be required to retire at age sixty-two but may
be permitted to serve until age sixty-four at which time unless
earlier retired or separated they shall be retired. The
Secretary may retire any member of the permanent commissioned
teaching staff who has completed thirty years' active service.
Service as a civilian member of the teaching staff at the
Academy in addition to creditable service authorized by any
other law in any of the military services rendered prior to an
appointment as a professor, associate professor, assistant
professor, or instructor shall be credited in computing length
of service for retirement purposes. The provisions of law
relating to retirement for disability in line of duty shall not
apply in the case of a professor, associate professor,
assistant professor, or instructor serving under a temporary
appointment.
Sec. [191] 1946. Credit for service as member of civilian teaching
staff
Service as a member of the civilian teaching staff at the
Academy in addition to creditable services authorized by any
other law in any of the military services rendered prior to an
appointment as professor, associate professor, assistant
professor, or instructor shall be credited in computing length
of service as a professor, associate professor, assistant
professor, or instructor for purposes of pay and allowances.
Sec. [192] 1947. Assignment of personnel as instructors
The Commandant may assign any member to appropriate
instruction duty at the Academy.
Sec. [199] 1948. Marine safety curriculum
The Commandant of the Coast Guard shall ensure that
professional courses of study in marine safety are provided at
the Coast Guard Academy, and during other officer accession
programs, to give Coast Guard cadets and other officer
candidates a background and understanding of the marine safety
program. These courses may include such topics as program
history, vessel design and construction, vessel inspection,
casualty investigation, and administrative law and regulations.
[Sec. 690. Definitions
[For the purposes of this chapter--
[(1) ``environment'', ``facility'', ``person'',
``release'', ``removal'', ``remedial'', and
``response'' have the same meaning they have in section
101 of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601);
[(2) ``hazardous substance'' has the same meaning it
has in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C.
9601), except that it also includes the meaning given
``oil'' in section 311 of the Federal Water Pollution
Control Act (33 U.S.C. 1321); and
[(3) ``pollutant'' has the same meaning it has in
section 502 of the Federal Water Pollution Control Act
(33 U.S.C. 1362).
[Sec. 691. Environmental Compliance and Restoration Program
[(a) The Secretary shall carry out a program of environmental
compliance and restoration at current and former Coast Guard
facilities.
[(b) Program goals include:
[(1) Identifying, investigating, and cleaning up
contamination from hazardous substances and pollutants.
[(2) Correcting other environmental damage that poses
an imminent and substantial danger to the public health
or welfare or to the environment.
[(3) Demolishing and removing unsafe buildings and
structures, including buildings and structures at
former Coast Guard facilities.
[(4) Preventing contamination from hazardous
substances and pollutants at current Coast Guard
facilities.
[(c)(1) The Secretary shall respond to releases of hazardous
substances and pollutants--
[(A) at each Coast Guard facility the United
States owns, leases, or otherwise possesses;
[(B) at each Coast Guard facility the United
States owned, leased, or otherwise possessed
when the actions leading to contamination from
hazardous substances or pollutants occurred;
and
[(C) on each vessel the Coast Guard owns or
operates.
[(2) Paragraph (1) of this subsection does not apply
to a removal or remedial action when a potentially
responsible person responds under section 122 of the
Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9622).
[(3) The Secretary shall pay a fee or charge imposed
by a State authority for permit services for disposing
of hazardous substances or pollutants from Coast Guard
facilities to the same extent that nongovernmental
entities are required to pay for permit services. This
paragraph does not apply to a payment that is the
responsibility of a lessee, contractor, or other
private person.
[(d) The Secretary may agree with another Federal agency for
that agency to assist in carrying out the Secretary's
responsibilities under this chapter. The Secretary may enter
into contracts, cooperative agreements, and grant agreements
with State and local governments to assist in carrying out the
Secretary's responsibilities under this chapter. Services that
may be obtained under this subsection include identifying,
investigating, and cleaning up off-site contamination that may
have resulted from the release of a hazardous substance or
pollutant at a Coast Guard facility.
[(e) Section 119 of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9619) applies to
response action contractors that carry out response actions
under this chapter. The Coast Guard shall indemnify response
action contractors to the extent that adequate insurance is not
generally available at a fair price at the time the contractor
enters into the contract to cover the contractor's reasonable,
potential, long-term liability.
[Sec. 692. Environmental Compliance and Restoration Account
[(a) There is established for the Coast Guard an account
known as the Coast Guard Environmental Compliance and
Restoration Account. All sums appropriated to carry out the
Coast Guard's environmental compliance and restoration
functions under this chapter or another law shall be credited
or transferred to the account and remain available until
expended.
[(b) Funds may be obligated or expended from the account to
carry out the Coast Guard's environmental compliance and
restoration functions under this chapter or another law.
[(c) In proposing the budget for any fiscal year under
section 1105 of title 31, United States Code, the President
shall set forth separately the amount requested for the Coast
Guard's environmental compliance and restoration activities
under this chapter or another law.
[(d) Amounts recovered under section 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act (42
U.S.C. 9607) for the Secretary's response actions at current
and former Coast Guard facilities shall be credited to the
account.
[Sec. 693. Annual list of projects to Congress
[The Commandant of the Coast Guard shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a prioritized list of projects
eligible for environmental compliance and restoration funding
for each fiscal year concurrent with the President's budget
submission for that fiscal year.]
[PART II--COAST GUARD RESERVE AND AUXILIARY
[Chap. Sec.
Coast Guard Reserve............................................701
Coast Guard Auxiliary..........................................821
General Provisions for Coast Guard Reserve and Auxiliary......891]
CHAPTER 21--[COAST GUARD RESERVE] PERSONNEL; OFFICERS
[SUBCHAPTER A
[general
[Sec.
[701. Organization.
[702. Authorized strength.
[703. Coast Guard Reserve Boards.
[704. Grades and ratings; military authority.
[705. Benefits.
[706. Temporary members of the Reserve; eligibility and compensation.
[707. Temporary members of the Reserve; disability or death benefits.
[708. Temporary members of the Reserve; certificate of honorable
service.
[709. Reserve student aviation pilots; Reserve aviation pilots;
appointments in commissioned grade.
[709a. Reserve student pre-commissioning assistance program.
[710. Appointment or wartime promotion; retention of grade upon release
from active duty.
[711. Exclusiveness of service.
[712. Active duty for emergency augmentation of regular forces.
[713. Enlistment of members engaged in schooling.
[SUBCHAPTER B
[commissioned officers
[720. Definitions.
[721. Applicability of this subchapter.
[722. Suspension of this subchapter in time of war or national
emergency.
[723. Effect of this subchapter on retirement and retired pay.
[724. Authorized number of officers.
[725. Precedence.
[726. Running mates.
[727. Constructive credit upon initial appointment.
[728. Promotion of Reserve officers on active duty.
[729. Promotion; recommendations of selection boards.
[730. Selection boards; appointment.
[731. Establishment of promotion zones under running mate system.
[732. Eligibility for promotion.
[733. Recommendation for promotion of an officer previously removed from
an active status.
[734. Qualifications for promotion.
[735. Promotion; acceptance; oath of office.
[736. Date of rank upon promotion; entitlement to pay.
[737. Type of promotion; temporary.
[738. Effect of removal by the President or failure of consent of the
Senate.
[739. Failure of selection for promotion.
[740. Failure of selection and removal from an active status.
[741. Retention boards; removal from an active status to provide a flow
of promotion.
[742. Maximum ages for retention in an active status.
[743. Rear admiral and rear admiral (lower half); maximum service in
grade.
[744. Appointment of a former Navy or Coast Guard officer.
[745. Grade on entry upon active duty.
[746. Recall of a retired officer; grade upon release.]
SUBCHAPTER I-APPOINTMENT AND PROMOTION
Sec.
2101. Original appointment of permanent commissioned officers.
2102. Active duty promotion list.
2103. Number and distribution of commissioned officers on active duty
promotion list.
2104. Appointment of temporary officers.
2105. Rank of warrant officers.
2106. Selection boards; convening of boards.
2107. Selection boards; composition of boards.
2108. Selection boards; notice of convening; communication with board.
2109. Selection boards; oath of members.
2110. Number of officers to be selected for promotion.
2111. Promotion zones.
2112. Promotion year; defined.
2113. Eligibility of officers for consideration for promotion.
2114. United States Deputy Marshals in Alaska.
2115. Selection boards; information to be furnished boards.
2116. Officers to be recommended for promotion.
2117. Selection boards; reports.
2118. Selection boards; submission of reports.
2119. Failure of selection for promotion.
2120. Special selection boards; correction of errors.
2121. Promotions; appointments.
2122. Removal of officer from list of selectees for promotion.
2123. Promotions; acceptance; oath of office.
2124. Promotions; pay and allowances.
2125. Wartime temporary service promotions.
2126. Promotion of officers not included on active duty promotion list.
2127. Recall to active duty during war or national emergency.
2128. Recall to active duty with consent of officer.
2129. Aviation cadets; appointment as Reserve officers.
SUBCHAPTER II-DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS;
SEPARATION FOR CAUSE
2141. Revocation of commissions during first five years of commissioned
service.
2142. Regular lieutenants (junior grade); separation for failure of
selection for promotion.
2143. Regular lieutenants; separation for failure of selection for
promotion; continuation.
2144. Regular Coast Guard; officers serving under temporary
appointments.
2145. Regular lieutenant commanders and commanders; retirement for
failure of selection for promotion.
2146. Discharge in lieu of retirement; separation pay.
2147. Regular warrant officers: separation pay.
2148. Separation for failure of selection for promotion or continuation;
time of.
2149. Regular captains; retirement.
2150. Captains; continuation on active duty; involuntary retirement.
2151. Rear admirals and rear admirals (lower half); continuation on
active duty; involuntary retirement.
2152. Voluntary retirement after twenty years' service.
2153. Voluntary retirement after thirty years' service.
2154. Compulsory retirement.
2155. Retirement for physical disability after selection for promotion;
grade in which retired.
2156. Deferment of retirement or separation for medical reasons.
2157. Flag officers.
2158. Review of records of officers.
2159. Boards of inquiry.
2160. Boards of review.
2161. Composition of boards.
2162. Rights and procedures.
2163. Removal of officer from active duty; action by Secretary.
2164. Officers considered for removal; retirement or discharge;
separation benefits.
2165. Relief of retired officer promoted while on active duty.
SUBCHAPTER III-GENERAL PROVISIONS
2181. Physical fitness of officers.
2182. Multirater assessment of certain personnel.
SUBCHAPTER--[A] I APPOINTMENT AND PROMOTION [general]
Sec. [211.] 2101. Original appointment of permanent commissioned
officers
(a)(1) The President may appoint permanent commissioned
officers in the Regular Coast Guard in grades appropriate to
their qualification, experience, and length of service, as the
needs of the Coast Guard may require, from among the following
categories:
(A) Graduates of the Coast Guard Academy.
(B) Commissioned warrant officers, warrant
officers, and enlisted members of the Regular
Coast Guard.
(C) Members of the Coast Guard Reserve who
have served at least 2 years as such.
(D) Licensed officers of the United States
merchant marine who have served 2 or more years
aboard a vessel of the United States in the
capacity of a licensed officer.
(2) Original appointments under this section in the
grades of lieutenant commander and above shall be made
by the President by and with the advice and consent of
the Senate.
(3) Original appointments under this section in the
grades of ensign through lieutenant shall be made by
the President alone.
(b) No person shall be appointed a commissioned officer under
this section until his mental, moral, physical, and
professional fitness to perform the duties of a commissioned
officer has been established under such regulations as the
Secretary shall prescribe.
(c) Appointees under this section shall take precedence in
the grade to which appointed in accordance with the dates of
their commissions as commissioned officers in such grade.
Appointees whose dates of commission are the same shall take
precedence with each other as the Secretary shall determine.
(d) For the purposes of this section, the term ``original'',
with respect to the appointment of a member of the Coast Guard,
refers to that member's most recent appointment in the Coast
Guard that is neither a promotion nor a demotion.
Sec. [41a.] 2102. Active duty promotion list
(a) The Secretary shall maintain a single active duty
promotion list of officers of the Coast Guard on active duty in
the grades of ensign and above. Reserve officers on active
duty, other than pursuant to an active duty agreement executed
under section 12311 of title 10, retired officers, and officers
of the permanent commissioned teaching staff of the Coast Guard
Academy shall not be included on the active duty promotion
list.
(b) Officers shall be carried on the active duty promotion
list in the order of seniority of the grades in which they are
serving. Officers serving in the same grade shall be carried in
the order of their seniority in that grade. The Secretary may
correct any erroneous position on the active duty promotion
list that was caused by administrative error.
(c) A person appointed in the grade of ensign or above in the
Regular Coast Guard shall be placed on the active duty
promotion list in the order of his date of rank and seniority.
(d) A Reserve officer, other than one excluded by subsection
(a), shall, when he enters on active duty, be placed on the
active duty promotion list in accordance with his grade and
seniority. The position of such a Reserve officer among other
officers of the Coast Guard on active duty who have the same
date of rank shall be determined by the Secretary.
Sec. [42.] 2103. Number and distribution of commissioned officers on
active duty promotion list
(a) Maximum Total Number.--The total number of Coast Guard
commissioned officers on the active duty promotion list,
excluding warrant officers, shall not exceed 6,900; except that
the Commandant may temporarily increase that number by up to 2
percent for no more than 60 days following the date of the
commissioning of a Coast Guard Academy class.
(b) Distribution Percentages by Grade.--
(1) Required.--The total number of commissioned
officers authorized by this section shall be
distributed in grade in the following percentages:
0.375 percent for rear admiral; 0.375 percent for rear
admiral (lower half); 6.0 percent for captain; 15.0
percent for commander; and 22.0 percent for lieutenant
commander.
(2) Discretionary.--The Secretary shall prescribe the
percentages applicable to the grades of lieutenant,
lieutenant (junior grade), and ensign.
(3) Authority of secretary to reduce percentage.--The
Secretary--
(A) may reduce, as the needs of the Coast
Guard require, any of the percentages set forth
in paragraph (1); and
(B) shall apply that total percentage
reduction to any other lower grade or
combination of lower grades.
(c) Computations.--
(1) In general.--The Secretary shall compute, at
least once each year, the total number of commissioned
officers authorized to serve in each grade by applying
the grade distribution percentages established by or
under this section to the total number of commissioned
officers listed on the current active duty promotion
list.
(2) Rounding fractions.--Subject to subsection (a),
in making the computations under paragraph (1), any
fraction shall be rounded to the nearest whole number.
(3) Treatment of officers serving outside coast
guard.--The number of commissioned officers on the
active duty promotion list below the rank of rear
admiral (lower half) serving with other Federal
departments or agencies on a reimbursable basis or
excluded under section 324(d) of title 49 shall not be
counted against the total number of commissioned
officers authorized to serve in each grade.
(d) Use of Numbers; Temporary Increases.--The numbers
resulting from computations under subsection (c) shall be, for
all purposes, the authorized number in each grade; except that
the authorized number for a grade is temporarily increased
during the period between one computation and the next by the
number of officers originally appointed in that grade during
that period and the number of officers of that grade for whom
vacancies exist in the next higher grade but whose promotion
has been delayed for any reason.
(e) Officers Serving Coast Guard Academy and Reserve.--The
number of officers authorized to be serving on active duty in
each grade of the permanent commissioned teaching staff of the
Coast Guard Academy and of the Reserve serving in connection
with organizing, administering, recruiting, instructing, or
training the reserve components shall be prescribed by the
Secretary.
Sec. [214.] 2104. Appointment of temporary officers
(a) The president may appoint temporary commissioned
officers--
(1) in the Regular Coast Guard in a grade, not above
lieutenant, appropriate to their qualifications,
experience, and length of service, as the needs of the
Coast Guard may require, from among the commissioned
warrant officers, warrant officers, and enlisted
members of the Coast Guard, and from holders of
licenses issued under chapter 71 of title 46; and
(2) in the Coast Guard Reserve in a grade, not above
lieutenant, appropriate to their qualifications,
experience, and length of service, as the needs of the
Coast Guard may require, from among the commissioned
warrant officers of the Coast Guard Reserve.
(b) Temporary appointments under this section do not change
the permanent, probationary, or acting status of persons so
appointed, prejudice them in regard to promotion or
appointment, or abridge their rights or benefits. A person who
is appointed under this section may not suffer any reduction in
the rate of pay and allowances to which he would have been
entitled had he remained in his former grade and continued to
receive the increases in pay and allowances authorized for that
grade.
(c) An appointment under this section, or a subsequent
promotion appointment of a temporary officer, may be vacated by
the appointing officer at any time. Each officer whose
appointment is so vacated shall revert to his permanent status.
(d) Appointees under this section shall take precedence in
the grade to which appointed in accordance with the dates of
their appointments as officers in such grade. Appointees whose
dates of appointment are the same shall take precedence with
each other as the Secretary shall determine.
Sec. [215.] 2105. Rank of warrant officers
(a) Among warrant officer grades, warrant officers of a
higher numerical designation are senior to warrant officer
grades of a lower numerical designation.
(b) Warrant officers shall take precedence in the grade to
which appointed in accordance with the dates of their
commissions as commissioned officers in the Coast Guard in such
grade. Precedence among warrant officers of the same grade who
have the same date of commission shall be determined by
regulations prescribed by the Secretary.
Sec. [251.] 2106. Selection boards; convening of boards
At least once a year and at such other times as the needs of
the service require, the Secretary shall convene selection
boards to recommend for promotion to the next higher grade
officers on the active duty promotion list in each grade from
lieutenant (junior grade) through captain, with separate boards
for each grade. However, the Secretary is not required to
convene a board to recommend officers for promotion to a grade
when no vacancies exist in the grade concerned, and he
estimates that none will occur in the next twelve months.
Sec. [252.] 2107. Selection boards; composition of boards
A board convened under section 251 of this title shall
consist of five or more officers on the active duty promotion
list who are serving in or above the grade to which the board
may recommend officers for promotion. No officer may be a
member of two successive boards convened to consider officers
of the same grade for promotion.
Sec. [253.] 2108. Selection boards; notice of convening; communication
with board
(a) Before a board is convened under section 251 of this
title, notice of the convening date, the promotion zone to be
considered, and the officers eligible for consideration shall
be given to the service at large.
(b) Each officer eligible for consideration by a selection
board convened under section 251 of this title may send a
communication through official channels to the board, to arrive
not later than the date the board convenes, inviting attention
to any matter of record in the armed forces concerning himself.
A communication sent under this section may not criticize any
officer or reflect upon the character, conduct, or motive of
any officer.
Sec. [254.] 2109. Selection boards; oath of members
Each member of a selection board shall swear--
(1) that the member will, without prejudice or
partiality, and having in view both the special fitness
of officers and the efficiency of the Coast Guard,
perform the duties imposed upon the member; and
(2) an oath in accordance with section 635.
Sec. [255.] 2110. Number of officers to be selected for promotion
Before convening a board under section 251 of this title to
recommend officers for promotion to any grade, the Secretary
shall determine the total number of officers to be selected for
promotion to that grade. This number shall be equal to the
number of vacancies existing in the grade, plus the number of
additional vacancies estimated for the next twelve months, less
the number of officers on the selection list for the grade.
Sec. [256.] 2111. Promotion zones
(a) Before convening a selection board to recommend officers
for promotion to any grade above lieutenant (junior grade) and
below rear admiral (lower half), the Secretary shall establish
a promotion zone for the grade to be considered. The promotion
zone for each grade shall consist of the most senior officers
of that grade on the active duty promotion list who are
eligible for consideration for promotion to the next higher
grade and who have not previously been placed in a promotion
zone for selection for promotion to the next higher grade. The
number of officers in each zone shall be determined after
considering--
(1) the needs of the service;
(2) the estimated numbers of vacancies available in
future years to provide comparable opportunity for
promotion of officers in successive year groups; and
(3) the extent to which current terms of service in
that grade conform to a desirable career promotion
pattern.
However, such number of officers shall not exceed the number to
be selected for promotion divided by six-tenths.
(b) Promotion zones from which officers will be selected for
promotion to the grade of rear admiral (lower half) shall be
established by the Secretary as the needs of the service
require.
Sec. [256a.] 2112. Promotion year; defined
For the purposes of this chapter, ``promotion year'' means
the period which commences on July 1 of each year and ends on
June 30 of the following year.
Sec. [257.] 2113. Eligibility of officers for consideration for
promotion
(a) An officer on the active duty promotion list becomes
eligible for consideration for promotion to the next higher
grade at the beginning of the promotion year in which he
completes the following amount of service computed from his
date of rank in the grade in which he is serving:
(1) two years in the grade of lieutenant (junior
grade);
(2) three years in the grade of lieutenant;
(3) four years in the grade of lieutenant commander;
(4) four years in the grade of commander; and
(5) three years in the grade of captain.
(b) For the purpose of this section, service in a grade
includes all qualifying service in that grade or a higher
grade, under either a temporary or permanent appointment.
However, service in a grade under a temporary service
appointment under section 275 of this title is considered as
service only in the grade that the officer concerned would have
held had he not been so appointed.
(c) No officer may become eligible for consideration for
promotion until all officers of his grade senior to him are so
eligible.
(d) Except when his name is on a list of selectees, each
officer who becomes eligible for consideration for promotion to
the next higher grade remains eligible so long as he--
(1) continues on active duty; and
(2) is not promoted to that grade.
(e) An officer whose involuntary retirement or separation is
deferred under section 295 of this title is not eligible for
consideration for promotion to the next higher grade during the
period of that deferment.
(f) The Secretary may waive subsection (a) to the extent
necessary to allow officers described therein to have at least
two opportunities for consideration for promotion to the next
higher grade as officers below the promotion zone.
Sec. 2114. United States Deputy Marshals in Alaska
Commissioned officers may be appointed as United States
Deputy Marshals in Alaska.
Sec. [258.] 2115. Selection boards; information to be furnished boards
(a) In General.--The Secretary shall furnish the appropriate
selection board convened under section 251 of this title with--
(1) the number of officers that the board may
recommend for promotion to the next higher grade; and
(2) the names and records of all officers who are
eligible for consideration for promotion to the grade
to which the board will recommend officers for
promotion.
(b) Provision of Direction and Guidance.--
(1) In addition to the information provided pursuant
to subsection (a), the Secretary may furnish the
selection board--
(A) specific direction relating to the needs
of the Coast Guard for officers having
particular skills, including direction relating
to the need for a minimum number of officers
with particular skills within a specialty; and
(B) any other guidance that the Secretary
believes may be necessary to enable the board
to properly perform its functions.
(2) Selections made based on the direction and
guidance provided under this subsection shall not
exceed the maximum percentage of officers who may be
selected from below the announced promotion zone at any
given selection board convened under section 251 of
this title.
Sec. [259.] 2116. Officers to be recommended for promotion
(a) A selection board convened to recommend officers for
promotion shall recommend those eligible officers whom the
board, giving due consideration to the needs of the Coast Guard
for officers with particular skills so noted in specific
direction furnished to the board by the Secretary under section
258 of this title, considers best qualified of the officers
under consideration for promotion. No officer may be
recommended for promotion unless he receives the recommendation
of at least a majority of the members of a board composed of
five members, or at least two-thirds of the members of a board
composed of more than five members.
(b) The number of officers that a board convened under
section 251 of this title may recommend for promotion to a
grade below rear admiral (lower half) from among eligible
officers junior in rank to the junior officer in the
appropriate promotion zone may not exceed--
(1) 5 percent of the total number of officers that
the board is authorized to recommend for promotion to
the grade of lieutenant or lieutenant commander;
(2) 71/2 percent of the total number of officers that
the board is authorized to recommend for promotion to
the grade of commander; and
(3) 10 percent of the total number of officers that
the board is authorized to recommend for promotion to
the grade of captain;
unless such percentage is a number less than one, in which case
the board may recommend one such officer for promotion.
(c)(1) In selecting the officers to be recommended for
promotion, a selection board may recommend officers of
particular merit, from among those officers chosen for
promotion, to be placed at the top of the list of selectees
promulgated by the Secretary under section 271(a) of this
title. The number of officers that a board may recommend to be
placed at the top of the list of selectees may not exceed the
percentages set forth in subsection (b) unless such a
percentage is a number less than one, in which case the board
may recommend one officer for such placement. No officer may be
recommended to be placed at the top of the list of selectees
unless he or she receives the recommendation of at least a
majority of the members of a board composed of five members, or
at least two-thirds of the members of a board composed of more
than five members.
(2) The Secretary shall conduct a survey of the Coast
Guard officer corps to determine if implementation of
this subsection will improve Coast Guard officer
retention. A selection board may not make any
recommendation under this subsection before the date on
which the Secretary publishes a finding, based upon the
results of the survey, that implementation of this
subsection will improve Coast Guard officer retention.
(3) The Secretary shall submit any finding made by
the Secretary pursuant to paragraph (2) to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
Sec. [260.] 2117. Selection boards; reports
(a) Each board convened under section 251 of this title shall
submit a report in writing, signed by all the members thereof,
containing the names of the officers recommended for promotion
and the names of those officers recommended to be advanced to
the top of the list of selectees established by the Secretary
under section 271(a) of this title.
(b) A board convened under section 251 of this title shall
certify that, in the opinion of at least a majority of the
members if the board has five members, or in the opinion of at
least two-thirds of the members if the board has more than five
members, the officers recommended for promotion are the best
qualified for promotion to meet the needs of the service (as
noted in specific direction furnished the board by the
Secretary under section 258 of this title) of those officers
whose names have been furnished to the board.
Sec. [261.] 2118. Selection boards; submission of reports
(a) A board convened under section 251 of this title shall
submit its report to the Secretary. If the board has acted
contrary to law or regulation, the Secretary may return the
report for proceedings in revision and resubmission to the
Secretary. After his final review, the Secretary shall submit
the report of the board to the President for his approval,
modification, or disapproval.
(b) If any officer recommended for promotion is not
acceptable to the President, the President may remove the name
of that officer from the report of the board.
(c) Upon approval by the President the names of officers
selected for promotion by a board convened under section 251 of
this title shall be promptly disseminated to the service at
large.
(d) Except as required by this section, the proceedings of a
selection board, including a special selection board convened
under section 263, shall not be disclosed to any person not a
member of the board.
Sec. [262.] 2119. Failure of selection for promotion
An officer, other than an officer serving in the grade of
captain, who is, or is senior to, the junior officer in the
promotion zone established for his grade under section 256 of
this title, fails of selection if he is not selected for
promotion by the selection board which considered him, or if
having been recommended for promotion by the board, his name is
thereafter removed from the report of the board by the
President.
Sec. [263.] 2120. Special selection boards; correction of errors
(a) Officers Not Considered Due to Administrative Error.--
(1) In general.--If the Secretary determines that as
the result of an administrative error--
(A) an officer or former officer was not
considered for selection for promotion by a
selection board convened under section 251; or
(B) the name of an officer or former officer
was not placed on an all-fully-qualified-
officers list;
the Secretary shall convene a special selection board
to determine whether such officer or former officer
should be recommended for promotion and such officer or
former officer shall not be considered to have failed
of selection for promotion prior to the consideration
of the special selection board.
(2) Effect of failure to recommend for promotion.--If
a special selection board convened under paragraph (1)
does not recommend for promotion an officer or former
officer, whose grade is below the grade of captain and
whose name was referred to that board for
consideration, the officer or former officer shall be
considered to have failed of selection for promotion.
(b) Officers Considered But Not Selected; Material Error.--
(1) In general.--In the case of an officer or former
officer who was eligible for promotion, was considered
for selection for promotion by a selection board
convened under section 251, and was not selected for
promotion by that board, the Secretary may convene a
special selection board to determine whether the
officer or former officer should be recommended for
promotion, if the Secretary determines that--
(A) an action of the selection board that
considered the officer or former officer--
(i) was contrary to law in a matter
material to the decision of the board;
or
(ii) involved material error of fact
or material administrative error; or
(B) the selection board that considered the
officer or former officer did not have before
it for consideration material information.
(2) Effect of failure to recommend for promotion.--If
a special selection board convened under paragraph (1)
does not recommend for promotion an officer or former
officer, whose grade is that of commander or below and
whose name was referred to that board for
consideration, the officer or former officer shall be
considered--
(A) to have failed of selection for promotion
with respect to the board that considered the
officer or former officer prior to the
consideration of the special selection board;
and
(B) to incur no additional failure of
selection for promotion as a result of the
action of the special selection board.
(c) Requirements for Special Selection Boards.--Each special
selection board convened under this section shall--
(1) be composed in accordance with section 252 and
the members of the board shall be required to swear the
oaths described in section 254;
(2) consider the record of an applicable officer or
former officer as that record, if corrected, would have
appeared to the selection board that should have
considered or did consider the officer or former
officer prior to the consideration of the special
selection board and that record shall be compared with
a sampling of the records of--
(A) those officers of the same grade who were
recommended for promotion by such prior
selection board; and
(B) those officers of the same grade who were
not recommended for promotion by such prior
selection board; and
(3) submit to the Secretary a written report in a
manner consistent with sections 260 and 261.
(d) Appointment of Officers Recommended for Promotion.--
(1) In general.--An officer or former officer whose
name is placed on a promotion list as a result of the
recommendation of a special selection board convened
under this section shall be appointed, as soon as
practicable, to the next higher grade in accordance
with the law and policies that would have been
applicable to the officer or former officer had the
officer or former officer been recommended for
promotion by the selection board that should have
considered or did consider the officer or former
officer prior to the consideration of the special
selection board.
(2) Effect.--An officer or former officer who is
promoted to the next higher grade as a result of the
recommendation of a special selection board convened
under this section shall have, upon such promotion, the
same date of rank, the same effective date for the pay
and allowances of that grade, and the same position on
the active duty promotion list as the officer or former
officer would have had if the officer or former officer
had been recommended for promotion to that grade by the
selection board that should have considered or did
consider the officer or former officer prior to the
consideration of the special selection board.
(3) Record correction.--If the report of a special
selection board convened under this section, as
approved by the President, recommends for promotion to
the next higher grade an officer not eligible for
promotion or a former officer whose name was referred
to the board for consideration, the Secretary may act
under section 1552 of title 10 to correct the military
record of the officer or former officer to correct an
error or remove an injustice resulting from the officer
or former officer not being selected for promotion by
the selection board that should have considered or did
consider the officer or former officer prior to the
consideration of the special selection board.
(e) Application Process and Time Limits.--The Secretary shall
issue regulations regarding the process by which an officer or
former officer may apply to have a matter considered by a
special selection board convened under this section, including
time limits related to such applications.
(f) Limitation of Other Jurisdiction.--No official or court
of the United States shall have authority or jurisdiction over
any claim based in any way on the failure of an officer or
former officer to be selected for promotion by a selection
board convened under section 251, until--
(1) the claim has been referred to a special
selection board convened under this section and acted
upon by that board; or
(2) the claim has been rejected by the Secretary
without consideration by a special selection board
convened under this section.
(g) Judicial Review.--
(1) In general.--A court of the United States may
review--
(A) a decision of the Secretary not to
convene a special selection board under this
section to determine if the court finds that
the decision of the Secretary was arbitrary or
capricious, not based on substantial evidence,
or otherwise contrary to law; and
(B) an action of a special selection board
under this section to determine if the court
finds that the action of the special selection
board was contrary to law or involved material
error of fact or material administrative error.
(2) Remand and reconsideration.--If, with respect to
a review under paragraph (1), a court makes a finding
described in subparagraph (A) or (B) of that paragraph,
the court shall remand the case to the Secretary and
the Secretary shall provide the applicable officer or
former officer consideration by a new special selection
board convened under this section.
(h) Designation of Boards.--The Secretary may designate a
selection board convened under section 251 as a special
selection board convened under this section. A selection board
so designated may function in the capacity of a selection board
convened under section 251 and a special selection board
convened under this section.
Sec. [271.] 2121. Promotions; appointments
(a) When the report of a board convened to recommend officers
for promotion has been approved by the President, the Secretary
shall place the names of all officers selected and approved on
a list of selectees in the order of their seniority on the
active duty promotion list. The names of all officers approved
by the President and recommended by the board to be placed at
the top of the list of selectees shall be placed at the top of
the list of selectees in the order of seniority on the active
duty promotion list.
(b) Officers on the list of selectees may be promoted by
appointment in the next higher grade to fill vacancies in the
authorized active duty strength of the grade as determined
under section 42 of this title after officers on any previous
list of selectees for that grade have been promoted. Officers
shall be promoted in the order that their names appear on the
list of selectees. The date of rank of an officer promoted
under this subsection shall be the date of his appointment in
that grade.
(c) An officer serving on active duty in the grade of ensign
may, if found fully qualified for promotion in accordance with
regulations prescribed by the Secretary, be promoted to the
grade of lieutenant (junior grade) by appointment after he has
completed twelve months' active service in grade. The date of
rank of an officer promoted under this subsection shall be the
date of his appointment in the grade of lieutenant (junior
grade) as specified by the Secretary.
(d) When a vacancy in the grade of rear admiral occurs, the
senior rear admiral (lower half) serving on the active duty
promotion list shall be appointed by the President, by and with
the advice and consent of the Senate, to fill the vacancy. The
appointment shall be effective on the date the vacancy
occurred.
(e) Appointments of regular officers under this section shall
be made by the President, by and with the advice and consent of
the Senate except that advice and consent is not required for
appointments under this section in the grade of lieutenant
(junior grade) or lieutenant. Appointments of Reserve officers
shall be made as prescribed in section 12203 of title 10.
(f) The promotion of an officer who is under investigation or
against whom proceedings of a court-martial or a board of
officers are pending may be delayed without prejudice by the
Secretary until completion of the investigation or proceedings.
However, unless the Secretary determines that a further delay
is necessary in the public interest, a promotion may not be
delayed under this subsection for more than one year after the
date the officer would otherwise have been promoted. An officer
whose promotion is delayed under this subsection and who is
subsequently promoted shall be given the date of rank and
position on the active duty promotion list in the grade to
which promoted that he would have held had his promotion not
been so delayed.
Sec. [272.] 2122. Removal of officer from list of selectees for
promotion
(a) The President may remove the name of any officer from a
list of selectees established under section 271 of this title.
(b) If the Senate does not consent to the appointment of an
officer whose name is on a list of selectees established under
section 271 of this title, that officer's name shall be removed
from this list.
(c) An officer whose name is removed from a list under
subsection (a) or (b) continues to be eligible for
consideration for promotion. If he is selected for promotion by
the next selection board and promoted, he shall be given the
date of rank and position on the active duty promotion list in
the grade to which promoted that he would have held if his name
had not been removed. However, if the officer is not selected
by the next selection board or if his name is again removed
from the list of selectees, he shall be considered for all
purposes as having twice failed of selection for promotion.
Sec. [273.] 2123. Promotions; acceptance; oath of office
(a) An officer who receives an appointment under section 271
of this title is considered to have accepted his appointment on
its effective date, unless he expressly declines the
appointment.
(b) An officer who has served continuously since he
subscribed to the oath of office prescribed in section 3331 of
title 5 is not required to take a new oath upon his appointment
in a higher grade.
Sec. [274.] 2124. Promotions; pay and allowances
An officer who is promoted under section 271 of this title
shall be entitled to the pay and allowances of the grade to
which promoted from his date of rank in such grade.
Sec. [275.] 2125. Wartime temporary service promotions
(a) In time of war, or of national emergency declared by the
President or Congress, the President may suspend any section of
this chapter relating to the selection, promotion, or
involuntary separation of officers. Such a suspension may not
continue beyond six months after the termination of the war or
national emergency.
(b) When the preceding sections of this chapter relating to
selection and promotion of officers are suspended in accordance
with subsection (a), and the needs of the service require, the
President may, under regulations prescribed by him, promote to
a higher grade any officer serving on active duty in the grade
of ensign or above in the Coast Guard.
(c) In time of war, or of national emergency declared by the
President or Congress, the President may, under regulations to
be prescribed by him, promote to the next higher warrant
officer grade any warrant officer serving on active duty in a
grade below chief warrant officer, W-4.
(e) A promotion under this section to a grade above
lieutenant may be made only upon the recommendation of a board
of officers convened for that purpose.
(f) A promotion under this section shall be made by an
appointment for temporary service. Original appointments under
this section in the grades of lieutenant commander and above
shall be made by the President by and with the advice and
consent of the Senate. Original appointments under this section
in the grades of ensign through lieutenant shall be made by the
President alone. Any other appointments under this section
shall be made by the President alone.
(g) An appointment under this section, unless expressly
declined, is regarded as accepted on the date specified by the
Secretary as the date of the appointment, and the officer so
promoted is entitled to pay and allowances of the grade to
which appointed from that date.
(h) An appointment under this section does not terminate any
appointments held by an officer concerned under any other
provisions of this title. The President may terminate temporary
appointments made under this section at any time. An
appointment under this section is effective for such period as
the President determines. However, an appointment may not be
effective later than six months after the end of the war or
national emergency. When his temporary appointment under this
section is terminated or expires, the officer shall revert to
his former grade.
(i) Not later than six months after the end of the war or
national emergency the President shall, under such regulations
as he may prescribe, reestablish the active duty promotion list
with adjustments and additions appropriate to the conditions of
original appointment and wartime service of all officers to be
included thereon. The President may, by and with the advice and
consent of the Senate, appoint officers on the reestablished
active duty promotion list to fill vacancies in the authorized
active duty strength of each grade. Such appointments shall be
considered to have been made under section 271 of this title.
Sec. [276.] 2126. Promotion of officers not included on active duty
promotion list
Officers who are not included on the active duty promotion
list may be promoted under regulations to be prescribed by the
Secretary. These regulations shall, as to officers serving in
connection with organizing, administering, recruiting,
instructing, or training the reserve components, provide as
nearly as practicable, that such officers will be selected and
promoted in the same manner and will be afforded equal
opportunity for promotion as officers of the corresponding
grade on the active duty promotion list.
Sec. [331.] 2127. Recall to active duty during war or national
emergency
In time of war or national emergency, the Secretary may order
any regular officer on the retired list to active duty.
Sec. [332.] 2128. Recall to active duty with consent of officer
(a) Any regular officer on the retired list may, with that
officer's consent, be assigned to such duties as that officer
may be able to perform.
(b) The number of retired officers on active duty in the
grade of lieutenant commander, commander, or captain shall not
exceed 2 percent of the authorized number of officers on active
duty in each such grade. However, this limitation does not
apply to retired officers of these grades recalled to serve as
members of courts, boards, panels, surveys, or special projects
for periods not to exceed one year.
Sec. [373.] 2129. Aviation cadets; appointment as Reserve officers
(a) An aviation cadet who fulfills the eligibility
requirements of section 2003 of title 10 for designation as a
naval aviator may be appointed an ensign in the Coast Guard
Reserve and designated a Coast Guard aviator.
(b) Aviation cadets who complete their training at
approximately the same time are considered for all purposes to
have begun their commissioned service on the same date, and the
decision of the Secretary in this regard is conclusive.
SUBCHAPTER II--DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS;
SEPARATION FOR CAUSE
Sec. [281.] 2141. Revocation of commissions during first five years of
commissioned service
The Secretary, under such regulations as he may prescribe,
may revoke the commission of any regular officer on active duty
who, at the date of such revocation, has had less than five
years of continuous service as a commissioned officer in the
Regular Coast Guard.
Sec. [282.] 2142. Regular lieutenants (junior grade); separation for
failure of selection for promotion
Each officer of the Regular Coast Guard appointed under
section 211 of this title who is serving in the grade of
lieutenant (junior grade) and who has failed of selection for
promotion to the grade of lieutenant for the second time,
shall:
(1) be honorably discharged on June 30 of the
promotion year in which his second failure of selection
occurs; or
(2) if he so requests, be honorably discharged at an
earlier date without loss of benefits that would accrue
if he were discharged on that date under clause (1); or
(3) if, on the date specified for his discharge in
this section, he is eligible for retirement under any
law, be retired on that date.
Sec. [283.] 2143. Regular lieutenants; separation for failure of
selection for promotion; continuation
(a) Each officer of the Regular Coast Guard appointed under
section 211 of this title who is serving in the grade of
lieutenant and who has failed of selection for promotion to the
grade of lieutenant commander for the second time shall:
(1) be honorably discharged on June 30 of the
promotion year in which his second failure of selection
occurs; or
(2) if he so requests, be honorably discharged at an
earlier date without loss of benefits that would accrue
if he were discharged on that date under clause (1); or
(3) if, on the date specified for his discharge in
this section, he has completed at least 20 years of
active service or is eligible for retirement under any
law, be retired on that date; or
(4) if, on the date specified for his discharge in
clause (1), he has completed at least eighteen years of
active service, be retained on active duty and retired
on the last day of the month in which he completes
twenty years of active service, unless earlier removed
under another provision of law.
(b)(1) When the needs of the service require, the Secretary
may direct a selection board, which has been convened under
section 251 of this title, to recommend for continuation on
active duty for terms of not less than two nor more than four
years a designated number of officers of the grade of
lieutenant who would otherwise be discharged or retired under
this section. When so directed, the board shall recommend for
continuation on active duty those officers under consideration
who are, in the opinion of the board, best qualified for
continuation. Each officer so recommended may, with the
approval of the Secretary, and notwithstanding subsection (a),
be continued on active duty for the term recommended.
(2) Upon the completion of a term under paragraph
(1), an officer shall, unless selected for further
continuation--
(A) except as provided in subparagraph (B),
be honorably discharged with separation pay
computed under section 286 of this title;
(B) in the case of an officer who has
completed at least 18 years of active service
on the date of discharge under subparagraph
(A), be retained on active duty and retired on
the last day of the month in which the officer
completes 20 years of active service, unless
earlier removed under another provision of law;
or
(C) if, on the date specified for the
officer's discharge under this section, the
officer has completed at least 20 years of
active service or is eligible for retirement
under any law, be retired on that date.
(c) Each officer who has been continued on active duty under
subsection (b) shall, unless earlier removed from active duty,
be retired on the last day of the month in which he completes
twenty years of active service.
Sec. [284.] 2144. Regular Coast Guard; officers serving under
temporary appointments
(a) Each officer of the Regular Coast Guard appointed under
section 214 of this title who is serving in the grade of
lieutenant (junior grade) or lieutenant and who has failed of
selection for promotion to the grade of lieutenant or
lieutenant commander, respectively, for the second time shall:
(1) be honorably discharged on June 30 of the
promotion year in which his second failure of selection
occurs; or
(2) if he so requests, be honorably discharged at an
earlier date without loss of benefits that would accrue
if he were discharged on that date under clause (1); or
(3) if on the date specified for his discharge in
this section he is eligible for retirement under any
law, be retired under that law on that date.
(b) Each officer subject to discharge or retirement under
subsection (a) may elect to revert to his permanent grade.
Sec. [285.] 2145. Regular lieutenant commanders and commanders;
retirement for failure of selection for promotion
(a) Each officer of the Regular Coast Guard serving in the
grade of lieutenant commander or commander, who has failed of
selection for promotion to the grade of commander or captain,
respectively, for the second time shall:
(1) if he has completed at least 20 years of active
service or is eligible for retirement under any law on
June 30 of the promotion year in which his second
failure of selection occurs, be retired on that date;
or
(2) if ineligible for retirement on the date
specified in clause (1) be retained on active duty and
retired on the last day of the month in which he
completes twenty years of active service, unless
earlier removed under another provision of law.
(b) A lieutenant commander or commander of the Regular Coast
Guard subject to discharge or retirement under subsection (a)
may be continued on active duty when the Secretary directs a
selection board convened under section 251 of this title to
continue up to a specified number of lieutenant commanders or
commanders on active duty. When so directed, the selection
board shall recommend those officers who in the opinion of the
board are best qualified to advance the needs and efficiency of
the Coast Guard. When the recommendations of the board are
approved by the Secretary, the officers recommended for
continuation shall be notified that they have been recommended
for continuation and offered an additional term of service that
fulfills the needs of the Coast Guard.
(c)(1) An officer who holds the grade of lieutenant commander
of the Regular Coast Guard may not be continued on active duty
under subsection (b) for a period that extends beyond 24 years
of active commissioned service unless promoted to the grade of
commander of the Regular Coast Guard. An officer who holds the
grade of commander of the Regular Coast Guard may not be
continued on active duty under subsection (b) for a period that
extends beyond 26 years of active commissioned service unless
promoted to the grade of captain of the Regular Coast Guard.
(2) Unless retired or discharged under another
provision of law, each officer who is continued on
active duty under subsection (b) but is not
subsequently promoted or continued on active duty, and
is not on a list of officers recommended for
continuation or for promotion to the next higher grade,
shall, if eligible for retirement under any provision
of law, be retired under that law on the first day of
the first month following the month in which the period
of continued service is completed.
Sec. [286.] 2146. Discharge in lieu of retirement; separation pay
(a) Each officer who is retained on active duty under section
283(a)(4), 283(b), or 285 of this title may, if he so requests,
with the approval of the Secretary, be honorably discharged at
any time prior to the date otherwise specified for his
retirement or discharge.
(b) An officer of the Regular Coast Guard who is discharged
under this section or section 282, 283, or 284 of this title
and has completed 6 or more, but less than 20, continuous years
of active service immediately before that discharge or release
is entitled to separation pay computed under subsection (d)(1)
of section 1174 of title 10.
(c) An officer of the Regular Coast Guard who is discharged
under section 327 of this title and has completed 6 or more,
but less than 20, continuous years of active service
immediately before that discharge or release is entitled to
separation pay computed under subsection (d)(1) or (d)(2) of
section 1174 of title 10 as determined under regulations
promulgated by the Secretary.
(d) Notwithstanding subsections (a) and (b), an officer
discharged under [chapter 11 of this title] this chapter for
twice failing of selection for promotion to the next higher
grade is not entitled to separation pay under this section if
the officer requested in writing or otherwise sought not to be
selected for promotion, or requested removal from the list of
selectees.
Sec. [286a.] 2147. Regular warrant officers: separation pay
(a) A regular warrant officer of the Coast Guard who is
discharged under section 580 of title 10, and has completed 6
or more, but less than 20, continuous years of active service
immediately before that discharge is entitled to separation pay
computed under subsection (d)(1) of section 1174 of title 10.
(b) A regular warrant officer of the Coast Guard who is
discharged under section 1165 or 1166 of title 10, and has
completed 6 or more, but less than 20, continuous years of
active service immediately before that discharge is entitled to
separation pay computed under subsection (d)(1) or (d)(2) of
section 1174 of title 10, as determined under regulations
promulgated by the Secretary.
(c) In determining a member's years of active service for the
purpose of computing separation pay under this section, each
full month of service that is in addition to the number of full
years of service creditable to the member is counted as one-
twelfth of a year and any remaining fractional part of a month
is disregarded.
(d) The acceptance of separation pay under this section does
not deprive a person of any retirement benefits from the United
States. However, there shall be deducted from each of his
retirement payments so much thereof as is based on the service
for which he has received separation pay under this section,
until the total deductions equal the amount of such separation
pay.
Sec. [287.] 2148. Separation for failure of selection for promotion or
continuation; time of
If, under section 282, 283, 284, 285, 289, or 290 of this
title, the discharge or retirement of any officer would be
required less than six months following approval of the report
of the board which considered but did not select him for
promotion or continuation, the discharge or retirement of such
officer shall be deferred until the last day of the sixth
calendar month after such approval.
Sec. [288.] 2149. Regular captains; retirement
(a) Each officer of the Regular Coast Guard serving in the
grade of captain whose name is not carried on an approved list
of officers selected for promotion to the grade of rear admiral
(lower half) shall, unless retired under some other provision
of law, be retired on June 30 of the promotion year in which
he, or any captain junior to him on the active duty promotion
list who has not lost numbers or precedence, completes thirty
years of active commissioned service in the Coast Guard. An
officer advanced in precedence on the active duty promotion
list because of his promotion resulting from selection for
promotion from below the zone is not subject to involuntary
retirement under this section earlier than if he had not been
selected from below the zone.
(b) Retired pay computed under section 423(a) of this title
of an officer retired under this section shall not be less than
50 percent of the basic pay upon which the computation of his
retired pay is based.
Sec. [289.] 2150. Captains; continuation on active duty; involuntary
retirement
(a) The Secretary may, whenever the needs of the service
require, but not more often than annually, convene a board
consisting of not less than six officers of the grade of rear
admiral (lower half) or rear admiral to recommend for
continuation on active duty officers on the active duty
promotion list serving in the grade of captain, who during the
promotion year in which the board meets will complete at least
three years' service in that grade and who have not been
selected for promotion to the grade of rear admiral (lower
half). Officers who are subject to retirement under section 288
of this title during the promotion year in which the board
meets shall not be considered by this board.
(b) Whenever he convenes a board under this section, the
Secretary shall establish a continuation zone. The zone shall
consist of the most senior captains eligible for consideration
for continuation on active duty who have not previously been
placed in a continuation zone under this section. The Secretary
shall, based upon the needs of the service, prescribe the
number of captains to be included in the zone.
(c) Based on the needs of the service the Secretary shall
furnish the board with the number of officers that may be
recommended for continuation on active duty. This number shall
be no less than 50 percent of the number considered. The board
shall select from the designated continuation zone, in the
number directed by the Secretary, those officers who are, in
the opinion of the board, best qualified for continuation on
active duty.
(d) The provisions of sections 253, 254, 258, and 260 of this
title relating to selection for promotion shall, to the extent
that they are not inconsistent with the provisions of this
section, apply to boards convened under this section.
(e) The Secretary shall prescribe by regulation the detailed
procedures whereby officers in a continuation zone will be
selected for continuation on active duty.
(f) A board convened under this section shall submit its
report to the Secretary. If the board has acted contrary to law
or regulation, the Secretary may return the report for
proceedings in revision and resubmission to the Secretary.
After his final review the Secretary shall submit the report of
the board to the President for his approval. Except as required
by the procedures of this section, the proceedings of the board
shall not be disclosed to any person not a member of the board.
(g) Each officer who is considered but not recommended for
continuation on active duty under the provisions of this
section shall, unless retired under some other provision of
law, be retired on June 30 of the promotion year in which the
report of the continuation board convened under this section is
approved, or the last day of the month in which he completes
twenty years of active service, whichever is later.
(h) Notwithstanding subsection (g) and section 288 of this
title, the Commandant may by annual action retain on active
duty from promotion year to promotion year any officer who
would otherwise be retired under subsection (g) or section 288
of this title. An officer so retained, unless retired under
some other provision of law, shall be retired on June 30 of
that promotion year in which no action is taken to further
retain the officer under this subsection.
Sec. [290.] 2151. Rear admirals and rear admirals (lower half);
continuation on active duty; involuntary retirement
(a) The Secretary shall from time to time convene boards to
recommend for continuation on active duty the most senior
officers on the active duty promotion list serving in the grade
of rear admiral (lower half) or rear admiral who have not
previously been considered for continuation in that grade.
Officers, other than the Commandant, serving for the time being
or who have served in or above the grade of vice admiral are
not subject to consideration for continuation under this
subsection, and as to all other provisions of this section
shall be considered as having been continued at the grade of
rear admiral. A board shall consist of at least 5 officers
(other than the Commandant) serving in the grade of admiral or
vice admiral or as rear admirals previously continued. Boards
shall be convened frequently enough to assure that each officer
serving in the grade of rear admiral (lower half) or rear
admiral is subject to consideration for continuation during a
promotion year in which that officer completes not less than
four or more than five years combined service in the grades of
rear admiral (lower half) and rear admiral.
(b) The Secretary shall, based upon the needs of the service,
furnish each board convened under this section with the number
of officers to be considered for continuation on active duty.
The number that may be recommended for continuation shall be
not less than 50 per centum or more than 75 per centum of the
number of officers being considered for continuation.
(c) The provisions of sections 253, 254, 258, and 260 of this
title relating to selection and continuation boards shall to
the extent they are not inconsistent with the provisions of
this section, apply to boards convened under this section.
(d) A board convened under this section shall submit its
report to the Secretary. If the board has acted contrary to law
or regulation, the Secretary may return the report for
proceedings in revision and resubmission to the Secretary.
After final review the Secretary shall submit the report of the
board to the President for approval.
(e) Each officer who is considered but not continued on
active duty under the provisions of this section shall, unless
retired under some other provision of law, be retired on July 1
of the promotion year immediately following the promotion year
in which the report of the continuation board convened under
this section is approved.
(f)(1) Unless retired under another provision of law, each
officer who is continued on active duty under this section
shall, except as provided in paragraph (2), be retired on July
1 of the promotion year immediately following the promotion
year in which that officer completes seven years of combined
service in the grades of rear admiral (lower half) and rear
admiral, unless that officer is selected for or serving in the
grade of admiral or vice admiral or the position of
Superintendent of the Coast Guard Academy.
(2) The Commandant, with the approval of the
Secretary, may by annual action retain on active duty
from promotion year to promotion year any officer who
would otherwise be retired under paragraph (1). Unless
selected for or serving in the grade of admiral or vice
admiral or the position of Superintendent of the Coast
Guard Academy, or retired under another provision of
law, an officer so retained shall be retired on July 1
of the promotion year immediately following the
promotion year in which no action is taken to further
retain that officer under this paragraph.
(g)(1) Unless retired under another provision of law, an
officer subject to this section shall, except as provided in
paragraph (2), be retired on July 1 of the promotion year
immediately following the promotion year in which that officer
completes a total of thirty-six years of active commissioned
service unless selected for or serving in the grade of admiral.
(2) The Commandant, with the approval of the
Secretary, may by annual action retain on active duty
from promotion year to promotion year any officer who
would otherwise be retired under paragraph (1). Unless
selected for or serving in the grade of admiral or
retired under another provision of law, an officer so
retained shall be retired on July 1 of the promotion
year immediately following the promotion year in which
no action is taken to further retain that officer under
this paragraph.
Sec. [291.] 2152. Voluntary retirement after twenty years' service
Any regular commissioned officer who has completed twenty
years' active service in the Coast Guard, Navy, Army, Air
Force, or Marine Corps, or the Reserve components thereof,
including active duty for training, at least ten years of which
shall have been active commissioned service, may, upon his own
application, in the discretion of the President, be retired
from active service.
Sec. [292.] 2153. Voluntary retirement after thirty years' service
Any regular commissioned officer who has completed thirty
years' service may, upon his own application, in the discretion
of the Secretary, be retired from active service.
Sec. [293.] 2154. Compulsory retirement
(a) Regular Commissioned Officers.--Any regular commissioned
officer, except a commissioned warrant officer, serving in a
grade below rear admiral (lower half) shall be retired on the
first day of the month following the month in which the officer
becomes 62 years of age.
(b) Flag-Officer Grades.--(1) Except as provided in paragraph
(2), any regular commissioned officer serving in a grade of
rear admiral (lower half) or above shall be retired on the
first day of the month following the month in which the officer
becomes 64 years of age.
(2) The retirement of an officer under paragraph (1)
may be deferred--
(A) by the President, but such a deferment
may not extend beyond the first day of the
month following the month in which the officer
becomes 68 years of age; or
(B) by the Secretary of the department in
which the Coast Guard is operating, but such a
deferment may not extend beyond the first day
of the month following the month in which the
officer becomes 66 years of age.
Sec. [294.] 2155. Retirement for physical disability after selection
for promotion; grade in which retired
An officer whose name appears on an approved list of officers
selected for promotion to the next higher grade and who is
retired for physical disability under the provisions of chapter
61 of title 10 prior to being promoted shall be retired in the
grade to which he was selected for promotion.
Sec. [295.] 2156. Deferment of retirement or separation for medical
reasons
(a) Subject to subsection (b), the Secretary may defer the
retirement or separation of a commissioned officer, other than
a commissioned warrant officer, if the evaluation of the
physical condition of the officer and determination of the
officer's entitlement to retirement or separation for physical
disability require hospitalization, medical observation, or
other physical disability processing that cannot be completed
before the date on which the officer would otherwise be retired
or separated.
(b) A deferment under subsection (a)--
(1) may only be made with the consent of the officer
involved; and
(2) if the Secretary receives written notice from the
officer withdrawing that consent, shall end not later
than the end of the sixty-day period beginning on the
date the Secretary receives that notice.
Sec. [296.] 2157. Flag officers
During any period in which the Coast Guard is not operating
as a service in the Navy, section 1216(d) of title 10 does not
apply with respect to flag officers of the Coast Guard.
Sec. [321.] 2158. Review of records of officers
The Secretary may at any time convene a board of officers to
review the record of any officer of the Regular Coast Guard to
determine whether he shall be required to show cause for his
retention on active duty--
(1) because his performance of duty has fallen below
the standards prescribed by the Secretary, or
(2) because of moral dereliction, professional
dereliction, or because his retention is not clearly
consistent with the interests of national security.
Sec. [322.] 2159. Boards of inquiry
(a) Boards of inquiry shall be convened at such places as the
Secretary may prescribe to receive evidence and make findings
and recommendations whether an officer who is required to show
cause for retention under section 321 of this title should be
retained on active duty.
(b) A fair and impartial hearing before a board of inquiry
shall be given to each officer so required to show cause for
retention.
(c) If a board of inquiry determines that the officer has
failed to establish that he should be retained, it shall send
the record of its proceedings to a board of review.
(d) If a board of inquiry determines that the officer has
established that he should be retained, his case is closed.
However, at any time after one year from the date of the
determination in a case arising under clause (1) of section 321
of this title, and at any time after the date of the
determination in a case arising under clause (2) of that
section, an officer may again be required to show cause for
retention.
Sec. [323.] 2160. Boards of review
(a) Boards of review shall be convened at such times as the
Secretary may prescribe, to review the records of cases of
officers recommended by boards of inquiry for removal.
(b) If, after reviewing the record of the case, a board of
review determines that the officer has failed to establish that
he should be retained, it shall send its recommendation to the
Secretary for his action.
(c) If, after reviewing the record of the case, a board of
review determines that the officer has established that he
should be retained on active duty, his case is closed. However,
at any time after one year from the date of the determination
in a case arising under clause (1) of section 321 of this title
and at any time after the date of the determination in a case
arising under clause (2) of that section, an officer may again
be required to show cause for retention.
Sec. [324.] 2161. Composition of boards
(a) A board convened under section 321, 322, or 323 of this
title shall consist of at least three officers of the grade of
commander or above, all of whom are serving in a grade senior
to the grade of any officer considered by the board.
(b) No person may be a member of more than one board convened
under section 321, 322, or 323 of this title to consider the
same officer.
Sec. [325.] 2162. Rights and procedures
Each officer under consideration for removal under section
322 of this title shall be--
(1) notified in writing at least thirty days before
the hearing of the case by a board of inquiry of the
reasons for which the officer is being required to show
cause for retention;
(2) allowed reasonable time, as determined by the
board of inquiry under regulations of the Secretary, to
prepare his defense;
(3) allowed to appear in person and by counsel at
proceedings before a board of inquiry; and
(4) allowed full access to, and furnished copies of,
records relevant to the case at all stages of the
proceeding, except that a board shall withhold any
records that the Secretary determines should be
withheld in the interests of national security. In any
case where any records are withheld under this clause,
the officer whose case is under consideration shall, to
the extent that the national security permits, be
furnished a summary of the records so withheld.
Sec. [326.] 2163. Removal of officer from active duty; action by
Secretary
The Secretary may remove an officer from active duty if his
removal is recommended by a board of review under section 323
of this title. The Secretary's action in such as case is final
and conclusive.
Sec. [327.] 2164. Officers considered for removal; retirement or
discharge; separation benefits
(a) At any time during proceedings under section 322 or 323
of this title, and before the removal of an officer, the
Secretary may grant a request--
(1) for voluntary retirement, if the officer is
otherwise qualified therefor; or
(2) for discharge with separation benefits under
section 286(c) of this title.
(b) Each officer removed from active duty under section 326
of this title shall--
(1) if on the date of removal the officer is eligible
for voluntary retirement under any law, be retired in
the grade for which he would be eligible if retired at
his request; or
(2) if on that date the officer is ineligible for
voluntary retirement under any law, be honorably
discharged with separation benefits under section
286(c) of this title, unless under regulations
promulgated by the Secretary the condition under which
the officer is discharged does not warrant an honorable
discharge.
Sec. [333.] 2165. Relief of retired officer promoted while on active
duty
Any regular officer on the retired list recalled to active
duty who during such active duty is advanced to a higher grade
under an appointment shall, upon relief from active duty, if
his performance of duty under such appointment has been
satisfactory, be advanced on the retired list to the highest
grade held while on such active duty.
SUBCHAPTER III--GENERAL PROVISIONS
Sec. [335.] 2181. Physical fitness of officers
The Secretary shall prescribe regulations under which the
physical fitness of officers to perform their duties shall be
periodically determined.
Sec. [429.] 2182. Multirater assessment of certain personnel
(a) Multirater Assessment of Certain Personnel.--
(1) In general.--Commencing not later than one year
after the date of the enactment of the Coast Guard
Authorization Act of 2016, the Commandant of the Coast
Guard shall develop and implement a plan to conduct
every two years a multirater assessment for each of the
following:
(A) Each flag officer of the Coast Guard.
(B) Each member of the Senior Executive
Service of the Coast Guard.
(C) Each officer of the Coast Guard nominated
for promotion to the grade of flag officer.
(2) Post-assessment elements.--Following an
assessment of an individual pursuant to paragraph (1),
the individual shall be provided appropriate post-
assessment counseling and leadership coaching.
(b) Multirater Assessment Defined.--In this section, the term
``multirater assessment'' means a review that seeks opinion
from members senior to the reviewee and the peers and
subordinates of the reviewee.
[SUBCHAPTER B--COMMISSIONED OFFICERS]
CHAPTER 23--[COAST GUARD AUXILIARY] PERSONNEL; ENLISTED
[Sec.
[821. Administration of the Coast Guard Auxiliary.
[822. Purpose of the Coast Guard Auxiliary.
[823. Eligibility; enrollments.
[823a. Members of the Auxiliary; status.
[824. Disenrollment.
[825. Membership in other organizations.
[826. Use of member's facilities.
[827. Vessel deemed public vessel.
[828. Aircraft deemed public aircraft.
[829. Radio station deemed government station.
[830. Availability of appropriations.
[831. Assignment and performance of duties.
[832. Injury or death in line of duty.]
Sec.
2301. Recruiting campaigns.
2302. Enlistments; term, grade.
2303. Promotion.
2304. Compulsory retirement at age of sixty-two.
2305. Voluntary retirement after thirty years' service.
2306. Voluntary retirement after twenty years' service.
2307. Retirement of enlisted members: increase in retired pay.
2308. Recall to active duty during war or national emergency.
2309. Recall to active duty with consent of member.
2310. Relief of retired enlisted member promoted while on active duty.
2311. Retirement in cases where higher grade or rating has been held.
2312. Extension of enlistments.
2313. Retention beyond term of enlistment in case of disability.
2314. Detention beyond term of enlistment.
2315. Inclusion of certain conditions in enlistment contract.
2316. Discharge within three months before expiration of enlistment.
2317. Aviation cadets; procurement; transfer.
2318. Aviation cadets; benefits.
2319. Critical skill training bonus.
Sec. [350.] 2301. Recruiting campaigns
The Secretary shall initiate and carry forward an intensified
voluntary enlistment campaign to obtain the required personnel
strengths.
Sec. [351.] 2302. Enlistments; term, grade
(a) Under regulations prescribed by the Secretary, the
Commandant may enlist persons for minority or a period of at
least two years but not more than six years.
(b) The Secretary shall prescribe the grades or ratings for
persons enlisting in the Regular Coast Guard.
Sec. [352.] 2303. Promotion
Enlisted members shall be advanced in rating by the
Commandant under regulations prescribed by the Secretary.
Sec. [353.] 2304. Compulsory retirement at age of sixty-two
Any enlisted member who has reached the age of sixty-two
shall be retired from active service.
Sec. [354.] 2305. Voluntary retirement after thirty years' service
Any enlisted member who has completed thirty years' service
may, upon his own application, in the discretion of the
Commandant, be retired from active service.
Sec. [355.] 2306. Voluntary retirement after twenty years' service
Any enlisted member who has completed twenty years' service
may, upon his own application, in the discretion of the
Commandant, be retired from active service.
Sec. [357.] 2307. Retirement of enlisted members: increase in retired
pay
An enlisted member voluntarily or involuntarily retired after
twenty years of service who was cited for extraordinary heroism
in the line of duty shall be entitled to an increase in retired
pay. The retired pay shall be increased by 10 percent of--
(1) the active-duty pay and permanent additions
thereto of the grade or rating with which retired when
the member's retired pay is computed under section
423(a) of this title; or
(2) the member's retired pay base under section 1407
of title 10, when a member's retired pay is computed
under section 423(b) of this title.
Sec. [359.] 2308. Recall to active duty during war or national
emergency
In times of war or national emergency, the Commandant may
order any enlisted member on the retired list to active duty.
Sec. [360.] 2309. Recall to active duty with consent of member
Any enlisted member on the retired list may, with his
consent, be assigned to such duties as he may be able to
perform, except that no enlisted member on the retired list who
has reached the age of sixty-two years shall be recalled in
time of peace.
Sec. [361.] 2310. Relief of retired enlisted member promoted while on
active duty
Any enlisted member on the retired list recalled to active
duty who during such active duty is advanced to a higher grade
or rating under a permanent or temporary appointment or
promotion shall, upon relief from active duty be advanced on
the retired list to the highest grade or rating held while on
active duty. In case the appointment or promotion was temporary
the advancement on the retired list shall be made only to such
grade or rating in which the member served satisfactorily on
active duty.
Sec. [362.] 2311. Retirement in cases where higher grade or rating has
been held
Any enlisted member who is retired under any provision of
section 353, 354, 355, or 357 of this title shall be retired
from active service with the highest grade or rating held by
him while on active duty in which, as determined by the
Secretary, his performance of duty was satisfactory, but not
lower than his permanent grade or rating.
Sec. [365.] 2312. Extension of enlistments
Under regulations prescribed by the Secretary, the term of
enlistment of any enlisted member may, by voluntary written
agreement, be extended and re-extended for a period not
exceeding six full years from the date of expiration of the
then-existing term of enlistment, and subsequent to such date
an enlisted member who so extends his term of enlistment shall
receive the same pay and allowances in all respects as though
regularly discharged and reenlisted immediately upon expiration
of his term of enlistment. However, the total of all such
extensions of an enlistment may not exceed six years. No such
extension shall operate to deprive the enlisted member
concerned, upon discharge at the termination thereof, of any
right, privilege, or benefit to which he would have been
entitled if his term of enlistment had not been so extended.
Sec. [366.] 2313. Retention beyond term of enlistment in case of
disability
Any enlisted member of the Coast Guard in the active service
whose term of enlistment expires while he is suffering disease
or injury incident to service and not due to misconduct, and
who is in need of medical care or hospitalization, may, with
his consent, be retained in such service beyond the expiration
of his term of enlistment. Any such enlisted member shall be
entitled to receive at Government expense medical care or
hospitalization and his pay and allowances, including credit
for longevity, until he shall have recovered to such extent as
would enable him to meet the physical requirements for
reenlistment, or until it shall have been ascertained by
competent authority of the Coast Guard that the disease or
injury is of a character that recovery to such an extent would
be impossible. Any enlisted member whose enlistment is so
extended shall be subject to forfeitures in the same manner and
to the same extent as if his term of enlistment had not
expired. Nothing contained in this section shall prevent any
enlisted member from being held in the service without his
consent under section 367 of this title.
Sec. [367.] 2314. Detention beyond term of enlistment
Under regulations prescribed by the Secretary, an enlisted
member may be detained in the Coast Guard beyond the term of
his enlistment:
(1) until the first arrival of the vessel on which he
is serving at its permanent station, or at a port in a
State of the United States or in the District of
Columbia; or
(2) if attached to a shore station beyond the
continental limits of the United States or in Alaska,
until his first arrival at a port in any State of the
United States or in the District of Columbia where his
reenlistment or discharge may be effected, or until he
can be discharged or reenlisted at his station beyond
the continental limits of the United States or in
Alaska, whichever is earlier, but in no event to exceed
three months; or
(3) during a period of war or national emergency as
proclaimed by the President, and, in the interest of
national defense, for a period not to exceed six months
after the end of the war or the termination of the
emergency; or
(4) for a period of not exceeding thirty days in
other cases whether or not specifically covered by this
section, when essential to the public interests, and
the determination that such detention is essential to
the public interests, made in accordance with
regulations prescribed by the Secretary, shall be final
and conclusive.
Any member detained in the Coast Guard as provided in this
section shall be entitled to receive pay and allowances and
benefits under the same conditions as though his enlistment
period had not expired, and shall be subject in all respects to
the laws and regulations for the government of the Coast Guard
until his discharge therefrom. Enlisted members detained under
the provisions of clause (1) shall be entitled to the pay and
allowances provided for enlisted personnel of the Navy detained
under similar circumstances.
Sec. [369.] 2315. Inclusion of certain conditions in enlistment
contract
The enlistment contract shall contain the substance of
sections 365 to 368, inclusive, of this title.
Sec. [370.] 2316. Discharge within three months before expiration of
enlistment
Under regulations prescribed by the Secretary, any enlisted
member may be discharged at any time within three months before
the expiration of his term of enlistment or extended enlistment
without prejudice to any right, privilege, or benefit that he
would have received, except pay and allowances for the
unexpired period not served, or to which he would thereafter
become entitled, had he served his full term of enlistment or
extended enlistment.
Sec. [371.] 2317. Aviation cadets; procurement; transfer
(a) The grade of aviation cadet is established as a special
enlisted grade in the Coast Guard. Under such regulations as
the Secretary prescribes, citizens in civil life may be
enlisted as, and enlisted members of the Coast Guard with their
consent may be designated as, aviation cadets.
(b) Except in time of war or national emergency declared by
Congress, not less than 20 percent of the aviation cadets
procured in each fiscal year shall be procured from qualified
enlisted members of the Coast Guard.
(c) No persons may be enlisted or designated as an aviation
cadet unless--
(1) the person agrees in writing that, upon
successful completion of the course of training as an
aviation cadet, the person will accept a commission as
an ensign in the Coast Guard Reserve and will serve on
active duty as such for at least three years, unless
sooner released; and
(2) if under twenty-one years of age, the person has
the consent of the person's parent or guardian to the
agreement.
(d) Under such regulations as the Secretary prescribes, an
aviation cadet may be transferred to another enlisted grade or
rating in the Coast Guard, released from active duty, or
discharged.
Sec. [372.] 2318. Aviation cadets; benefits
Except as provided in section 402(c) of title 37, aviation
cadets or their beneficiaries are entitled to the same
allowances, pensions, gratuities, and other benefits as are
provided for enlisted members in pay grade E-4. While on active
duty, an aviation cadet is entitled to uniforms, clothing, and
equipment at the expense of the United States.
Sec. [374.] 2319. Critical skill training bonus
(a) The Secretary may provide a bonus, not to exceed $20,000,
to an enlisted member who completes training in a skill
designated as critical, if at least four years of obligated
active service remain on the member's enlistment at the time
the training is completed. A bonus under this section may be
paid in a single lump sum or in periodic installments.
(b) If an enlisted member voluntarily or because of
misconduct does not complete the member's term of obligated
active service, the Secretary may require the member to repay
the United States, on a pro rata basis, all sums paid under
this section. The Secretary may charge interest on the amount
repaid at a rate, to be determined quarterly, equal to 150
percent of the average of the yields on the 91-day Treasury
bills auctioned during the calendar quarter preceding the date
on which the amount to be repaid is determined.
CHAPTER 25--[GENERAL PROVISIONS FOR COAST GUARD RESERVE AND AUXILIARY]
PERSONNEL; GENERAL PROVISIONS
[Sec.
[891. Flags; pennants; uniforms and insignia.
[892. Penalty.
[893. Limitation on rights of members of the Auxiliary and temporary
members of the Reserve.
[894. Availability of facilities and appropriations.]
SUBCHAPTER I-GENERAL PROVISIONS
Sec.
2501. Grade on retirement.
2502. Retirement.
2503. Status of recalled personnel.
2504. Computation of retired pay.
2505. Limitations on retirement and retired pay.
2506. Suspension of payment of retired pay of members who are absent
from the United States to avoid prosecution.
2507. Board for Correction of Military Records deadline.
2508. Emergency leave retention authority.
2509. Prohibition of certain involuntary administrative separations.
2510. Sea service letters.
2511. Investigations of flag officers and Senior Executive Service
employees.
2512. Leave policies for the Coast Guard.
2513. Computation of length of service.
SUBCHAPTER II-LIGHTHOUSE SERVICE
2531. Personnel of former Lighthouse Service.
SUBCHAPTER I--GENERAL PROVISIONS
Sec. [334.] 2501. Grade on retirement
(a) Any commissioned officer, other than a commissioned
warrant officer, who is retired under any provision of this
title, shall be retired from active service with the highest
grade held by him for not less than six months while on active
duty in which, as determined by the Secretary, his performance
of duty was satisfactory.
(b) Any warrant officer who is retired under any provision of
section 580, 1263, 1293, or 1305 of title 10, shall be retired
from active service with the highest commissioned grade above
chief warrant officer, W-4, held by him for not less than six
months on active duty in which, as determined by the Secretary,
his performance of duty was satisfactory.
Sec. [421.] 2502. Retirement
(a) Every commissioned officer, warrant officer, or enlisted
member who is retired under any provisions of this title shall
be retired with the permanent grade or rate held at the time of
retirement, unless entitled to retire with a higher grade or
rate under any provision of this title or any other law.
(b) Where an officer is entitled, under any provision of law,
to retire with one grade higher than the grade in which serving
at the time of retirement, the next higher grade in the case of
captain shall be rear admiral (lower half), and the next higher
grade in the case of commissioned warrant officer shall be
lieutenant (junior grade).
Sec. [422.] 2503. Status of recalled personnel
All retired personnel when recalled to active duty shall
serve in the grade or rate in which they were serving at the
time of retirement.
Sec. [423.] 2504. Computation of retired pay
(a)(1) The retired pay of a member who first became a member
of a uniformed service (as defined in section 101 of title 10)
before September 8, 1980, is determined by multiplying--
(A) the sum of--
(i) the basic pay of the member's
retired grade or rate, and
(ii) all permanent additions thereto
including longevity credit to which the
member was entitled at the time of
retirement; by
(B) the retired pay multiplier determined
under section 1409 of title 10 for the number
of years of service that may be credited to the
member under section 1405 of such title.
(2) In the case of an officer who served as
Commandant of the Coast Guard, retired pay under
paragraph (1) shall be computed at the highest rate of
basic pay applicable to the officer while so serving.
(3) In the case of an enlisted member who served as
the master chief petty officer of the Coast Guard,
retired pay under paragraph (1) shall be computed at
the highest rate of basic pay to which the member was
entitled while so serving, if that basic pay is greater
than the basic pay of the grade or rate to which the
member is otherwise entitled at the time of retirement.
(4) In the case of an officer whose retired pay is
computed on the pay of a grade for which basic pay is
not based upon years of service, retired pay under
paragraph (1) shall be computed on the basis of the
number of years of service for which the officer would
be entitled to credit in the computation of pay on the
active list had the officer been serving in the grade
of captain at the time of retirement.
(b) The retired pay of a member who first became a member of
a uniformed service (as defined in section 101 of title 10) on
or after September 8, 1980, is determined by multiplying--
(1) the retired pay base determined under section
1407 of title 10; by
(2) the retired pay multiplier determined under
section 1409 of title 10 for the number of years of
service that may be credited to the member under
section 1405 of such title.
(c)(1) In computing for the purpose of subsection (a) or (b)
the number of years of service that may be credited to a member
under section 1405 of title 10--
(A) each full month of service that is in
addition to the number of full years of service
creditable to the member shall be counted as
1/12 of a year; and
(B) any remaining fractional part of a month
shall be disregarded.
(2) Retired pay computed under this section, if not a
multiple of $1, shall be rounded to the next lower
multiple of $1.
Sec. [424.] 2505. Limitations on retirement and retired pay
(a) The provisions of any section of this title shall not be
construed so as to prevent any member from being placed on the
retired list with the highest grade or rate and the highest
retired pay to which the member may be entitled under the
provisions of any other section of this title or under any
other law.
(b) In no case may the retired pay of a member exceed 75
percent of (1) the sum of the active-duty pay and all permanent
additions thereto (including longevity credit to which the
member is entitled) of the grade or rate on which the member's
pay is computed, or (2) the retired pay base determined under
section 1407 of title 10, as appropriate.
Sec. [424a.] 2506. Suspension of payment of retired pay of members who
are absent from the United States to avoid
prosecution
Under procedures prescribed by the Secretary, the Secretary
may suspend the payment of the retired pay of a member or
former member during periods in which the member willfully
remains outside the United States to avoid criminal prosecution
or civil liability. The procedures shall address the types of
criminal offenses and civil proceedings for which the
procedures may be used, including the offenses specified in
section 8312 of title 5, and the manner by which a member, upon
the return of the member to the United States, may obtain
retired pay withheld during the member's absence.
Sec. [425.] 2507. Board for Correction of Military Records deadline
(a) Deadline for Completion of Action.--The Secretary shall
complete processing of an application for correction of
military records under section 1552 of title 10 by not later
than 10 months after the date the Secretary receives the
completed application.
(b) Remedies Deemed Exhausted.--Ten months after a complete
application for correction of military records is received by
the Board for Correction of Military Records of the Coast
Guard, administrative remedies are deemed to have been
exhausted, and--
(1) if the Board has rendered a recommended decision,
its recommendation shall be final agency action and not
subject to further review or approval within the
department in which the Coast Guard is operating; or
(2) if the Board has not rendered a recommended
decision, agency action is deemed to have been
unreasonably delayed or withheld and the applicant is
entitled to--
(A) an order under section 706(1) of title 5,
directing final action be taken within 30 days
from the date the order is entered; and
(B) from amounts appropriated to the
department in which the Coast Guard is
operating, the costs of obtaining the order,
including a reasonable attorney's fee.
Sec. [426.] 2508. Emergency leave retention authority
(a) In General.--A duty assignment for an active duty member
of the Coast Guard in support of a declaration of a major
disaster or emergency by the President under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) or in response to a spill of national
significance shall be treated, for the purpose of section
701(f)(2) of title 10, as a duty assignment in support of a
contingency operation.
(b) Definitions.--In this section:
(1) Spill of national significance.--The term ``spill
of national significance'' means a discharge of oil or
a hazardous substance that is declared by the
Commandant to be a spill of national significance.
(2) Discharge.--The term ``discharge'' has the
meaning given that term in section 1001 of the Oil
Pollution Act of 1990 (33 U.S.C. 2701).
Sec. [427.] 2509. Prohibition of certain involuntary administrative
separations
(a) In General.--Except as provided in subsection (b), the
Secretary may not authorize the involuntary administrative
separation of a covered individual based on a determination
that the covered individual is unsuitable for deployment or
other assignment due to a medical condition of the covered
individual considered by a Physical Evaluation Board during an
evaluation of the covered individual that resulted in the
covered individual being determined to be fit for duty.
(b) Reevaluation.--
(1) In general.--The Secretary may require a Physical
Evaluation Board to reevaluate any covered individual
if the Secretary determines there is reason to believe
that a medical condition of the covered individual
considered by a Physical Evaluation Board during an
evaluation of the covered individual renders the
covered individual unsuitable for continued duty.
(2) Retirements and separations.--A covered
individual who is determined, based on a reevaluation
under paragraph (1), to be unfit to perform the duties
of the covered individual's office, grade, rank, or
rating may be retired or separated for physical
disability under chapter 61 of title 10.
(c) Covered Individual Defined.--In this section, the term
``covered individual'' means any member of the Coast Guard who
has been determined by a Physical Evaluation Board, pursuant to
a physical evaluation by that board, to be fit for duty.
Sec. [428.] 2510. Sea service letters
(a) In General.--The Secretary shall provide a sea service
letter to a member or former member of the Coast Guard who--
(1) accumulated sea service on a vessel of the armed
forces (as such term is defined in section 101(a) of
title 10); and
(2) requests such letter.
(b) Deadline.--Not later than 30 days after receiving a
request for a sea service letter from a member or former member
of the Coast Guard under subsection (a), the Secretary shall
provide such letter to such member or former member if such
member or former member satisfies the requirement under
subsection (a)(1).
Sec. [430.] 2511. Investigations of flag officers and Senior Executive
Service employees
In conducting an investigation into an allegation of
misconduct by a flag officer or member of the Senior Executive
Service serving in the Coast Guard, the Inspector General of
the Department of Homeland Security shall--
(1) conduct the investigation in a manner consistent
with Department of Defense policies for such an
investigation; and
(2) consult with the Inspector General of the
Department of Defense.
Sec. [431.] 2512. Leave policies for the Coast Guard
Not later than 1 year after the date on which the Secretary
of the Navy promulgates a new rule, policy, or memorandum
pursuant to section 704 of title 10, United States Code, with
respect to leave associated with the birth or adoption of a
child, the Secretary of the department in which the Coast Guard
is operating shall promulgate a similar rule, policy, or
memorandum that provides leave to officers and enlisted members
of the Coast Guard that is equal in duration and compensation
to that provided by the Secretary of the Navy.
Sec. [467.] 2513. Computation of length of service
In computing length of service of officers and enlisted
personnel for any purpose all creditable service in the Army,
Navy, Marine Corps, Air Force, Coast Guard, Revenue Cutter
Service, and Life Saving Service shall be included in addition
to any other creditable service authorized by any other law.
SUBCHAPTER II--LIGHTHOUSE SERVICE
Sec. [432.] 2531. Personnel of former Lighthouse Service
(a) Any person of the former Lighthouse Service commissioned
as an officer in the Coast Guard shall be an extra number in
his grade and in the grades to which he may be promoted. He
shall take precedence (1) with other officers commissioned in
his grade from the former Lighthouse Service as the Secretary
of the Treasury may determine, and (2) with other line officers
in his grade in accordance with the respective dates of their
commissions in such grade. He shall be eligible for promotion,
if otherwise qualified, at such time as the officer in a
regular number in line of promotion next above him on the
seniority list becomes eligible for promotion; or if there be
no such officer in his grade, he shall be eligible for
promotion, if otherwise qualified, when a vacancy occurs in the
next higher grade. An officer so commissioned shall be assigned
to duty for which he is specially qualified, and professional
examinations for promotion given to such officer shall embrace
only subjects which pertain to the duty to which he is
assigned.
(b) Each vacancy (1) hereafter occurring in the extra numbers
of such officers; (2) existing on August 5, 1939, in positions
in the Lighthouse Service formerly held by personnel eligible
for such commissions; and (3) created by the retirement,
resignation, death, or separation from the service for any
other cause, of such personnel who do not possess the
qualifications prescribed by the Secretary of the Treasury or
who, being qualified, do not accept a commission thereunder,
shall operate to increase by one the total authorized number of
line officers of the Coast Guard.
(c) All persons of the former Lighthouse Service
commissioned, appointed, or enlisted in the Coast Guard shall
be subject to all laws and regulations for the government of
the Coast Guard, and nothing contained in this title shall be
construed to prevent the application to any of such persons of
laws and regulations concerning the military discipline of
commissioned and warrant officers and enlisted members of the
Coast Guard.
(d) In computing length of service, for the purpose of
retirement in the Coast Guard, of any person of the former
Lighthouse Service commissioned, appointed, or enlisted in the
Coast Guard, there shall be included all service computable for
retirement under the provisions of section 763 of title 33; and
after July 1, 1948, in computing longevity for the purpose of
pay of such person there shall be included all service of such
person in the Lighthouse Service.
(e) No person so commissioned, appointed, or enlisted in the
Coast Guard shall suffer any reduction in the total of the
annual compensation and allowances which he was receiving on
the date of his commission, appointment, or enlistment. Upon
his retirement from active duty in the Coast Guard, the retired
pay of any person so commissioned, appointed, or enlisted,
shall not be less than an annuity computed in accordance with
the provisions of section 763 of title 33, substituting,
however, for purposes of such computation, the annual
compensation which he was receiving on the date of his
commission, appointment, or enlistment in the Coast Guard for
the average annual pay received by him for the last five years
of service.
(f) Notwithstanding any other provision of law, chapter 51,
subchapter III of chapter 53, and sections 5542-5546 of title 5
shall not apply to civilian keepers of lighthouses and to
civilians employed on lightships and other vessels of the Coast
Guard.
(g)(1) The head of the department in which the Coast Guard is
operating under regulations prescribed by him, may regulate the
hours of duty and the pay of civilian keepers of lighthouses
and civilians employed on lightships and other vessels of the
Coast Guard, but such personnel may be called upon for duty in
emergency circumstances or otherwise at any time or all times.
The existing system governing the pay of such employees may be
continued or changed except that overtime compensation, night
differential, and extra pay for duty on holidays shall not be
paid to such employees. In lieu thereof additional annual
compensation may be authorized, which may be prescribed either
as a fixed differential or as a percentage of the basic
compensation otherwise applicable to such employees. In no case
shall basic compensation exceed $15,000 per annum, except that
nothing contained in this subsection shall operate to decrease
the basic compensation of any person employed by the Coast
Guard on the date of enactment of this subsection, and in no
case shall additions thereto exceed 25 percent of such basic
compensation. Provision may be made for compensatory absence
from duty when conditions of employment result in confinement
because of isolation or in long periods of continuous duty; and
provisions may likewise be made for extra allowance for service
outside of the continental limits of the United States.
(2) The additional compensation authorized by this
subsection shall be included in any computation of
compensation under section 6 of the Act of June 20,
1918 (33 U.S.C. 763).
[PART III--COAST GUARD AUTHORIZATIONS AND REPORTS TO CONGRESS]
[Chap. Sec.
Authorizations................................................2701
Reports.....................................................[2901]
CHAPTER 27--[AUTHORIZATIONS] PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS
AND BENEFITS
[Sec.
[2701. Requirement for prior authorization of appropriations.
[2702. Authorization of appropriations.
[2703. Authorization of personnel end strengths.
[2704. Authorized levels of military strength and training.]
SUBCHAPTER I-PERSONNEL RIGHTS AND BENEFITS
Sec.
2701. Procurement of personnel.
2702. Training.
2703. Contingent expenses.
2704. Equipment to prevent accidents.
2706. Right to wear uniform.
2707. Protection of uniform.
2708. Clothing for officers and enlisted personnel.
2709. Procurement and sale of stores to members and civilian employees.
2710. Disposition of effects of decedents.
2711. Deserters; payment of expenses incident to apprehension and
delivery; penalties.
2712. Payment for the apprehension of stragglers.
SUBCHAPTER II-AWARDS
2731. Delegation of powers to make awards; rules and regulations.
2732. Medal of honor.
2733. Medal of honor: duplicate medal.
2734. Medal of honor: presentation of Medal of Honor Flag.
2735. Coast Guard cross.
2736. Distinguished service medal.
2737. Silver star medal.
2738. Distinguished flying cross.
2739. Coast Guard medal.
2740. Insignia for additional awards.
2741. Time limit on award; report concerning deed.
2742. Honorable subsequent service as condition to award.
2743. Posthumous awards.
2744. Life-saving medals.
2745. Replacement of medals.
2746. Award of other medals.
2747. Awards and insignia for excellence in service or conduct.
2748. Presentation of United States flag upon retirement.
SUBCHAPTER III-PAYMENTS
2761. Persons discharged as result of court-martial; allowances to.
2762. Shore patrol duty; payment of expenses.
2763. Compensatory absence from duty for military personnel at isolated
duty stations.
2764. Monetary allowance for transportation of household effects.
2765. Retroactive payment of pay and allowances delayed by
administrative error or oversight.
2766. Travel card management.
2767. Reimbursement for medical-related travel expenses for certain
persons residing on islands in the continental United States.
2768. Annual audit of pay and allowances of members undergoing permanent
change of station.
2769. Remission of indebtedness.
2770. Special instruction at universities.
2771. Attendance at professional meetings.
2772. Education loan repayment program.
2773. Rations or commutation therefor in money.
2774. Sales of ration supplies to messes.
2775. Flight rations.
2776. Payments at time of discharge for good of service.
2777. Clothing for destitute shipwrecked persons.
2778. Advancement of public funds to personnel.
2779. Transportation to and from certain places of employment.
SUBCHAPTER I--PERSONNEL RIGHTS AND BENEFITS
Sec. [468.] 2701. Procurement of personnel
The Coast Guard may expend operating expense funds for
recruiting activities, including but not limited to advertising
and entertainment, in order to--
(1) obtain recruits for the Service and cadet
applicants; and
(2) gain support of recruiting objectives from those
who may assist in the recruiting effort.
Sec. [469.] 2702. Training
The Coast Guard may make expenditures for the training of
personnel, including books, school supplies, correspondence
courses, motion picture equipment, and other equipment for
instructional purposes.
Sec. [476.] 2703. Contingent expenses
The Commandant may expend for contingencies of the Coast
Guard a sum not to exceed $50,000 in any one fiscal year.
Sec. [477.] 2704. Equipment to prevent accidents
The Coast Guard may make such expenditures as are deemed
appropriate for promotion and maintenance of the safety and
occupational health of, and the prevention of accidents
affecting, personnel of the Coast Guard, including the purchase
of clothing, equipment, and other materials necessary thereto.
[Sec. 482. Clothing at time of discharge for good of service
[Enlisted members discharged for bad conduct, undesirability,
unsuitability, or inaptitude may be furnished civilian
clothing, including an overcoat when necessary, the cost of
such furnished clothing not to exceed $30, per person.]
Sec. [483.] 2706. Right to wear uniform
When authorized by and in accordance with applicable
regulations:
(a) any member who has served honorably in the Coast Guard
during war shall when not in active service, whether or not on
the retired list, be entitled to bear the official title and
upon occasions of ceremony to wear the uniform of the highest
rank or rating held by him during his war service, and
(b) any member on the retired list shall be entitled to wear
the uniform of his rank or rating.
Sec. [484.] 2707. Protection of uniform
The provisions of law relating to the protection of the
uniform of the United States Army, Navy, or Marine Corps shall
apply to the protection of the uniform of the Coast Guard, in
the same manner, to the same extent, and under the same
conditions.
Sec. [485.] 2708. Clothing for officers and enlisted personnel
(a) The Coast Guard may purchase uniforms, accouterments, and
related equipment for sale to officer personnel and cadets of
the Coast Guard.
(b) The Coast Guard may purchase uniform clothing for sale to
enlisted personnel of the Coast Guard. The actual cost of the
clothing thus sold to enlisted personnel may be withheld from
their pay.
Sec. [487.] 2709. Procurement and sale of stores to members and
civilian employees
Such stores as the Secretary may designate may be procured
and sold to members of the Coast Guard, and to the surviving
spouses of such members. Such designated stores may also be
procured and sold to civilian officers and employees of the
United States, and to such other persons as may be specifically
authorized by the Secretary, at Coast Guard stations and other
units beyond the continental limits of the United States or in
Alaska.
Sec. [507.] 2710. Disposition of effects of decedents
All moneys, articles of value, papers, keepsakes, and other
similar effects belonging to the deceased persons in the Coast
Guard, not claimed by their legal heirs or next of kin, shall
be deposited in safe custody, and if any such moneys, articles
of value, papers, keepsakes, or other similar effects so
deposited have been, or shall hereafter be, unclaimed for a
period of two years from the date of the death of such person,
such articles and effects shall be sold and the proceeds
thereof, together with the moneys above mentioned, shall be
deposited in the Treasury as miscellaneous receipts. The
Secretary shall make diligent inquiry in every instance after
the death of such person to ascertain the whereabouts of his
heirs or next of kin, and prescribe necessary regulations to
carry out the foregoing provisions. Claims may be presented
hereunder at any time within five years after such moneys or
proceeds have been so deposited in the Treasury, and, when
supported by competent proof in any case after such deposit in
the Treasury, shall be certified to Congress for consideration.
Sec. [508.] 2711. Deserters; payment of expenses incident to
apprehension and delivery; penalties
(a) The Coast Guard may, pursuant to regulations prescribed
by the Secretary, make such expenditures as are deemed
necessary for the apprehension and delivery of deserters,
stragglers, and prisoners.
Sec. [644.] 2712. Payment for the apprehension of stragglers
The Coast Guard may offer and pay rewards for the
apprehension and delivery of deserters, stragglers, and
prisoners.
(b) No person who is convicted by court martial for desertion
from the Coast Guard in time of war, and as the result of such
conviction is dismissed or dishonorably discharged from the
Coast Guard shall afterwards be enlisted, appointed, or
commissioned in any military or naval service under the United
States, unless the disability resulting from desertion, as
established by this section is removed by a board of
commissioned officers of the Coast Guard convened for
consideration of the case, and the action of the Board is
approved by the Secretary; or unless he is restored to duty in
time of war.
SUBCHAPTER II--AWARDS
Sec. [499.] 2731. Delegation of powers to make awards; rules and
regulations
The President may delegate to the Secretary, under such
conditions, regulations, and limitations as he prescribes, the
powers conferred upon him to make the awards designated in this
chapter, and the President may make any and all rules,
regulations, and orders which he deems necessary in the
conferring of such awards.
Sec. [491.] 2732. Medal of honor
The President may award, and present in the name of Congress,
a medal of honor of appropriate design, with ribbons and
appurtenances, to a person who, while a member of the Coast
Guard, distinguishes himself conspicuously by gallantry and
intrepidity at the risk of his life above and beyond the call
of duty--
(1) while engaged in an action against an enemy of
the United States;
(2) while engaged in military operations involving
conflict with an opposing foreign force;
(3) while serving with friendly foreign forces
engaged in an armed conflict against an opposing armed
force in which the United States is not a belligerent
party.
Sec. [504.] 2733. Medal of honor: duplicate medal
A person awarded a medal of honor shall, upon written
application of that person, be issued, without charge, one
duplicate medal of honor with ribbons and appurtenances. Such
duplicate medal of honor shall be marked, in such manner as the
Secretary may determine, as a duplicate or for display purposes
only.
Sec. [505.] 2734. Medal of honor: presentation of Medal of Honor Flag
The President shall provide for the presentation of the Medal
of Honor Flag designated under section 903 of title 36 to each
person to whom a medal of honor is awarded under section 491 of
this title. Presentation of the flag shall be made at the same
time as the presentation of the medal under section 491 or 498
of this title. In the case of a posthumous presentation of the
medal, the flag shall be presented to the person to whom the
medal is presented.
Sec. [491a.] 2735. Coast Guard cross
The President may award a Coast Guard cross of appropriate
design, with ribbons and appurtenances, to a person who, while
serving in any capacity with the Coast Guard, when the Coast
Guard is not operating under the Department of the Navy,
distinguishes himself or herself by extraordinary heroism not
justifying the award of a medal of honor--
(1) while engaged in an action against an enemy of
the United States;
(2) while engaged in military operations involving
conflict with an opposing foreign force or
international terrorist organization; or
(3) while serving with friendly foreign forces
engaged in an armed conflict against an opposing armed
force in which the United States is not a belligerent
party.
Sec. [492.] 2736. Distinguished service medal
The President may present, but not in the name of Congress, a
distinguished service medal of appropriate design, with
accompanying ribbon, together with a rosette or other device,
to be worn in lieu thereof, to any person who, while serving in
any capacity with the Coast Guard, distinguishes himself by
exceptionally meritorious service to the Government in a duty
of great responsibility.
Sec. [492a.] 2737. Silver star medal
The President may award a silver star medal of appropriate
design, with ribbons and appurtenances, to a person who, while
serving in any capacity with the Coast Guard, when the Coast
Guard is not operating under the Department of the Navy, is
cited for gallantry in action that does not warrant a medal of
honor or Coast Guard cross--
(1) while engaged in an action against an enemy of
the United States;
(2) while engaged in military operations involving
conflict with an opposing foreign force or
international terrorist organization; or
(3) while serving with friendly foreign forces
engaged in an armed conflict against an opposing armed
force in which the United States is not a belligerent
party.
Sec. [492b.] 2738. Distinguished flying cross
The President may present, but not in the name of Congress, a
distinguished flying cross of appropriate design, with
accompanying ribbon, to any person who, while serving in any
capacity with the Coast Guard, distinguishes himself by heroism
or extraordinary achievement while participating in an aerial
flight.
Sec. [493.] 2739. Coast Guard medal
The President may present, but not in the name of Congress, a
medal to be known as the Coast Guard medal, of appropriate
design, with accompanying ribbon, together with a rosette or
other device to be worn in lieu thereof, to any person who,
while serving in any capacity with the Coast Guard,
distinguishes himself by heroism not involving actual conflict
with an enemy.
Sec. [494.] 2740. Insignia for additional awards
No more than one Coast Guard cross, distinguished service
medal, silver star medal, distinguished flying cross, or one
Coast Guard medal shall be issued to any one person; but for
each succeeding deed or service sufficient to justify the
awarding of a Coast Guard cross, distinguished service medal,
silver star medal, distinguished flying cross, or Coast Guard
medal, the President may award a suitable emblem or insignia to
be worn with the decoration and a corresponding rosette or
other device.
Sec. [496.] 2741. Time limit on award; report concerning deed
(a) No medal of honor, Coast Guard cross, distinguished
service medal, silver star medal, distinguished flying cross,
Coast Guard medal, or bar, emblem, or insignia in lieu thereof
may be awarded to a person unless--
(1) the award is made within five years after the
date of the deed or service justifying the award;
(2) a statement setting forth the deed or
distinguished service and recommending official
recognition of it was made by his superior through
official channels within three years from the date of
that deed or termination of the service.
(b) If the Secretary determines that--
(1) a statement setting forth the deed or
distinguished service and recommending official
recognition of it was made by the person's superior
through official channels within three years from the
date of that deed or termination of the service and was
supported by sufficient evidence within that time; and
(2) no award was made, because the statement was lost
or through inadvertence the recommendation was not
acted upon; a medal of honor, Coast Guard cross,
distinguished service medal, silver star medal,
distinguished flying cross, Coast Guard medal, or bar,
emblem, or insignia in lieu thereof, as the case may
be, may be awarded to the person within two years after
the date of that determination.
Sec. [497.] 2742. Honorable subsequent service as condition to award
No medal of honor, Coast Guard cross, distinguished service
medal, silver star medal, distinguished flying cross, Coast
Guard medal, or emblem, or insignia in lieu thereof shall be
awarded or presented to any individual, or to the
representative of any individual, whose entire service
subsequent to the time he distinguished himself shall not in
the opinion of the Commandant have been honorable.
Sec. [498.] 2743. Posthumous awards
In case an individual who distinguishes himself dies before
the making of any award to which he may be entitled, as
authorized in this chapter, the award may be made and presented
within five years from the date of the act or service
justifying the award to such next of kin as may have been
designated by the individual, or in the absence of such
designation, or if the designated person is not alive at the
time of the award, or the relationship between such person and
the serviceman shall have been terminated before his death,
then to such representative as the President designates. In the
event of a posthumous award when the award will be made to the
parents of the deceased and the parents have been divorced or
separated, a duplicate award may be made to each parent.
Sec. [500.] 2744. Life-saving medals
(a) The Secretary may, under regulations prescribed by him,
award a Life-saving medal of gold or silver to any person,
including personnel of the Coast Guard, who rescues or
endeavors to rescue any other person from drowning, shipwreck,
or other peril of the water in accordance with the following
provisions:
(1) if such rescue or attempted rescue is made at the
risk of one's own life and evidences extreme and heroic
daring, the medal shall be of gold;
(2) if such rescue or attempted rescue is not
sufficiently distinguished to deserve the medal of
gold, but evidences the exercise of such signal
exertion as to merit recognition, the medal shall be of
silver.
(b) In order for a person to be eligible for the Life-saving
Medals the rescue or attempted rescue must take place in waters
within the United States or subject to the jurisdiction
thereof, or if the rescue or attempted rescue takes place
outside such waters, one or the other of the parties must be a
citizen of the United States or from a vessel or aircraft owned
or operated by citizens of the United States.
(c) No person shall receive more than one gold medal and one
silver medal; but any person who has received or may hereafter
receive a gold or silver medal and who again performs an act
which would entitle him to receive another medal of the same
class may be awarded, in lieu of a second medal of the same
class, a gold or silver bar, as the case may be, to be worn
with the medal already bestowed, and for every such additional
act, an additional bar may be awarded. Medals and bars in lieu
thereof, authorized by this subsection, may be awarded
posthumously.
Sec. [501.] 2745. Replacement of medals
In those cases where a medal, or a bar, emblem, or insignia
in lieu thereof, awarded pursuant to this chapter has been
stolen, lost, destroyed, or rendered unfit for use without
fault or neglect on the part of the person to whom it was
awarded, such medal, or bar, emblem, or insignia in lieu
thereof, shall be replaced without charge, or, in the
discretion of the Secretary, upon condition that the Government
is reimbursed for the cost thereof.
Sec. [502.] 2746. Award of other medals
Coast Guard personnel, notwithstanding the provisions of this
chapter, may be awarded medals, bars, emblems, or insignia to
which such personnel may be entitled under other provisions of
law.
Sec. [503.] 2747. Awards and insignia for excellence in service or
conduct
The Coast Guard may award trophies, badges, and cash prizes
to Coast Guard personnel or groups thereof, including personnel
of the reserve components thereof whether or not on active
duty, for excellence in accomplishments related to Coast Guard
service, to incur such expenses as may be necessary to enter
such personnel in competitions, and to provide badges or
buttons in recognition of special service, good conduct, and
discharge under conditions other than dishonorable.
Sec. [516.] 2748. Presentation of United States flag upon retirement
(a) Presentation of Flag.--Upon the release of a member of
the Coast Guard from active duty for retirement, the Secretary
shall present a United States flag to the member.
(b) Multiple Presentations Not Authorized.--A member is not
eligible for a presentation of a flag under subsection (a) if
the member has previously been presented a flag under this
section or any other provision of law providing for the
presentation of a United States flag incident to release from
active service for retirement.
(c) No Cost to Recipient.--The presentation of a flag under
this section shall be at no cost to the recipient.
SUBCHAPTER III--PAYMENTS
Sec. [509.] 2761. Persons discharged as result of court-martial;
allowances to
The Secretary may furnish persons discharged pursuant to the
sentence of a Coast Guard court-martial suitable civilian
clothing and a monetary allowance not to exceed $25 if the
person discharged would not otherwise have suitable clothing or
funds to meet immediate needs.
Sec. [510.] 2762. Shore patrol duty; payment of expenses
An officer or cadet of the Coast Guard who is assigned shore
patrol duty away from his vessel or other duty station may be
paid his actual expenses.
Sec. [511.] 2763. Compensatory absence from duty for military
personnel at isolated duty stations
The Secretary may grant compensatory absence from duty to
military personnel of the Coast Guard serving at isolated duty
stations of the Coast Guard when conditions of duty result in
confinement because of isolation or in long periods of
continuous duty.
Sec. [512.] 2764. Monetary allowance for transportation of household
effects
The transportation and reimbursement authorized by subsection
(b) of section 476 of title 37 shall be available hereafter to
pay a monetary allowance in place of such transportation to a
member who, under regulations prescribed by the Secretary,
participates in a program designated by the Secretary in which
his baggage and household effects are moved by a privately
owned or rental vehicle. This allowance shall not be limited to
reimbursement for actual expenses and may be paid in advance of
the transportation of the baggage and household effects. The
allowance shall, however, be in an amount that will result in
savings to the Government when the total cost of the movement
of baggage and household effects is compared with the cost that
otherwise would have been incurred under subsection (b) of
section 476 of title 37.
Sec. [513.] 2765. Retroactive payment of pay and allowances delayed by
administrative error or oversight
Under regulations prescribed by the Secretary, the Coast
Guard may authorize retroactive payment of pay and allowances,
including selective reenlistment bonuses, to enlisted members
if entitlement to the pay and allowances was delayed in vesting
solely because of an administrative error or oversight.
Sec. [517.] 2766. Travel card management
(a) In General.--The Secretary may require that travel or
transportation allowances due a civilian employee or military
member of the Coast Guard be disbursed directly to the issuer
of a Federal contractor-issued travel charge card, but only in
an amount not to exceed the authorized travel expenses charged
by that Coast Guard member to that travel charge card issued to
that employee or member.
(b) Withholding of Nondisputed Obligations.--The Secretary
may also establish requirements similar to those established by
the Secretary of Defense pursuant to section 2784a of title 10
for deduction or withholding of pay or retired pay from a Coast
Guard employee, member, or retired member who is delinquent in
payment under the terms of the contract under which the card
was issued and does not dispute the amount of the delinquency.
Sec. [518.] 2767. Reimbursement for medical-related travel expenses
for certain persons residing on islands in the
continental United States
In any case in which a covered beneficiary (as defined in
section 1072(5) of title 10) resides on an island that is
located in the 48 contiguous States and the District of
Columbia and that lacks public access roads to the mainland and
is referred by a primary care physician to a specialty care
provider (as defined in section 1074i(b) of title 10) on the
mainland who provides services less than 100 miles from the
location where the beneficiary resides, the Secretary shall
reimburse the reasonable travel expenses of the covered
beneficiary and, when accompaniment by an adult is necessary,
for a parent or guardian of the covered beneficiary or another
member of the covered beneficiary's family who is at least 21
years of age.
Sec. [519.] 2768. Annual audit of pay and allowances of members
undergoing permanent change of station
The Commandant shall conduct each calendar year an audit of
member pay and allowances for the members who transferred to
new units during such calendar year. The audit for a calendar
year shall be completed by the end of the calendar year.
Sec. [461.] 2769. Remission of indebtedness
The Secretary may have remitted or cancelled any part of a
person's indebtedness to the United States or any
instrumentality of the United States if--
(1) the indebtedness was incurred while the person
served as a member of the Coast Guard, whether as a
regular or a reserve in active status; and
(2) the Secretary determines that remitting or
cancelling the indebtedness is in the best interest of
the United States.
Sec. [470.] 2770. Special instruction at universities
Coast Guard personnel may be assigned for special instruction
at private or state colleges or universities, and their
expenses, including tuition, books, laboratory equipment and
fees, and school supplies, may be defrayed by the Coast Guard.
Sec. [471.] 2771. Attendance at professional meetings
Coast Guard personnel may be directed to attend meetings of
technical, professional, scientific, and other similar
organizations and may be reimbursed for expenses thereby
incurred at the rates authorized by law.
Sec. [472.] 2772. Education loan repayment program
(a)(1) Subject to the provisions of this section, the
Secretary may repay--
(A) any loan made, insured, or guaranteed
under part B of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1071 et seq.);
(B) any loan made under part D of such title
(the William D. Ford Federal Direct Loan
Program, 20 U.S.C. 1087a et seq.); or
(C) any loan made under part E of such title
(20 U.S.C. 1087aa et seq.).
Repayment of any such loan shall be made on the basis of each
complete year of service performed by the borrower.
(2) The Secretary may repay loans described in
paragraph (1) in the case of any person for service
performed on active duty as an enlisted member of the
Coast Guard in a specialty specified by the Secretary.
(b) The portion or amount of a loan that may be repaid under
subsection (a) is 331/3 percent or $1,500, whichever is
greater, for each year of service.
(c) If a portion of a loan is repaid under this section for
any year, interest on the remainder of such loan shall accrue
and be paid in the same manner as is otherwise required.
(d) Nothing in this section shall be construed to authorize
refunding any repayment of a loan.
(e) The Secretary shall, by regulation, prescribe a schedule
for the allocation of funds made available to carry out this
section during any year for which funds are not sufficient to
pay the sum of the amounts eligible for repayment under
subsection (a).
Sec. [478.] 2773. Rations or commutation therefor in money
(a) Enlisted members of the Coast Guard, civilian officers
and civilian crews of vessels, and working parties in the field
shall be allowed a ration or commutation thereof in money, in
such amount and under limitations and regulations prescribed by
the Secretary.
(b) Money for commuted rations shall be paid, under such
regulations as the Secretary shall prescribe, on proper
vouchers, or pay rolls, to persons entitled to receive it, or
to the officers designated by the Commandant to administer the
financial affairs of the messes in which such persons may be
subsisted.
(c) Money paid for commuted rations to the designated officer
may be deposited in general or limited depositories of public
money or in any bank in which deposits are insured. Such funds
shall be expended and accounted for under such regulations as
the Secretary shall prescribe.
(d) Nothing contained in this section shall be construed as
modifying or changing in any manner the provisions of law
pertaining to subsistence allowances for enlisted members, but
no ration or commutation thereof shall be allowed a person
receiving a subsistence allowance.
Sec. [479.] 2774. Sales of ration supplies to messes
Ration supplies may be purchased by the cabin, wardroom,
warrant officers', and other authorized messes and payment
therefor made in cash to the commissary officer. The prices to
be charged for such supplies shall not be less than the invoice
prices, and the cash received from such sales shall be
accounted for on the ration return and may be expended for the
general mess.
Sec. [480.] 2775. Flight rations
There may be furnished to officers, enlisted members, and
civilian employees, while actually engaged in flight
operations, an aircraft flight ration in kind, chargeable to
the proper Coast Guard appropriation, which flight ration shall
be supplementary to any ration or subsistence allowance now
granted to such personnel. No part of an aircraft flight ration
shall be furnished without cost to any person in a travel
status or to any person to whom a per diem allowance is granted
in lieu of actual subsistence.
Sec. [481.] 2776. Payments at time of discharge for good of service
Enlisted members discharged by dishonorable discharge, bad-
conduct discharge, or any other discharge for the good of the
service, may, upon discharge, be paid a sum not to exceed $25.
The sum paid shall be fixed by and in the discretion of the
Commandant, and shall be paid only in cases where the person so
discharged would otherwise be without funds to meet his
immediate needs.
Sec. [486.] 2777. Clothing for destitute shipwrecked persons
The Coast Guard may furnish clothing and subsistence to
destitute shipwrecked persons, and the Coast Guard may
reimburse, in cash or in kind, Coast Guard personnel who
furnish clothing and subsistence to destitute ship- wrecked
persons.
Sec. [488.] 2778. Advancement of public funds to personnel
The Commandant, under regulations prescribed by the
Secretary, may advance public funds to personnel when required
to meet expenses of members detailed on emergency shore duty.
Funds so advanced shall not exceed a reasonable estimate of the
actual expenditures to be made and for which reimbursement is
authorized by law.
Sec. [660.] 2779. Transportation to and from certain places of
employment
(a) Whenever the Secretary determines that it is necessary
for the effective conduct of the affairs of the Coast Guard, he
may, at reasonable rates of fare fixed under regulations to be
prescribed by him, provide assured and adequate transportation
by motor vehicle or water carrier to and from their places of
employment for persons attached to, or employed by, the Coast
Guard; and during a war or during a national emergency declared
by Congress or the President, for persons attached to, or
employed in, a private plant that is manufacturing material for
the Coast Guard.
(b) Transportation may not be provided under subsection (a)
unless the Secretary or an officer designated by the Secretary,
determines that--
(1) other transportation facilities are inadequate
and cannot be made adequate;
(2) a reasonable effort has been made to induce
operators of private facilities to provide the
necessary transportation; and
(3) the service to be furnished will make proper use
of transportation facilities and will supply the most
efficient transportation to the persons concerned.
(c) To provide transportation under subsection (a), the
Secretary may--
(1) buy, lease, or charter motor vehicles or water
carriers having a seating capacity of 12 or more
passengers;
(2) maintain and operate that equipment by enlisted
members or employees of the Coast Guard, or by private
persons under contract; and
(3) lease or charter the equipment to private or
public carriers for operation under terms that are
considered necessary by the Secretary or by an officer
designated by the Secretary, and that may provide for
the pooling of government-owned and privately owned
equipment and facilities and for the reciprocal use of
that equipment.
(d) Fares received under subsection (a), and proceeds of the
leasing or chartering of equipment under subsection (c)(3),
shall be covered into the Treasury as miscellaneous receipts.
CHAPTER 29 --[REPORTS] COAST GUARD FAMILY SUPPORT, CHILD CARE, AND
HOUSING
[Sec.
[2901. Transmission of annual Coast Guard authorization request.
[2902. Capital investment plan.
[2903. Major acquisitions.
[2904. Manpower requirements plan.]
SUBCHAPTER I-COAST GUARD FAMILIES
Sec.
2901. Work-life policies and programs.
2902. Surveys of Coast Guard families.
2903. Reimbursement for adoption expenses.
2904. Education and training opportunities for Coast Guard spouses.
2905. Youth sponsorship initiatives.
2906. Dependent school children.
SUBCHAPTER II-COAST GUARD CHILD CARE
2921. Definitions.
2922. Child development services.
2923. Child development center standards and inspections.
2924. Child development center employees.
2925. Parent partnerships with child development centers.
SUBCHAPTER III-HOUSING
2941. Definitions.
2942. General authority.
2943. Leasing and hiring of quarters; rental of inadequate housing.
2944. Retired service members and dependents serving on advisory
committees.
2945. Conveyance of real property.
2946. Coast Guard Housing Fund.
2947. Reports.
SUBCHAPTER I--COAST GUARD FAMILIES
Sec. [531.] 2901. Work-life policies and programs
The Commandant is authorized--
(1) to establish an office for the purpose of
developing, promulgating, and coordinating policies,
programs, and activities related to the families of
Coast Guard members;
(2) to implement and oversee policies, programs, and
activities described in paragraph (1) as the Commandant
considers necessary; and
(3) to perform such other duties as the Commandant
considers necessary.
Sec. [532.] 2902. Surveys of Coast Guard families
(a) Authority.--The Commandant, in order to determine the
effectiveness of Federal policies, programs, and activities
related to the families of Coast Guard members, may survey--
(1) any Coast Guard member;
(2) any retired Coast Guard member;
(3) the immediate family of any Coast Guard member or
retired Coast Guard member; and
(4) any survivor of a deceased Coast Guard member.
(b) Voluntary Participation.--Participation in any survey
conducted under subsection (a) shall be voluntary.
(c) Federal Recordkeeping.--Each person surveyed under
subsection (a) shall be considered an employee of the United
States for purposes of section 3502(3)(A)(i) of title 44.
Sec. [541.] 2903. Reimbursement for adoption expenses
(a) Authorization To Reimburse.--The Secretary shall carry
out a program under which a member of the Coast Guard may be
reimbursed, as provided in this section, for qualifying
adoption expenses incurred by the member in the adoption of a
child under 18 years of age.
(b) Adoptions Covered.--An adoption for which expenses may be
reimbursed under this section includes an adoption by a single
person, an infant adoption, an intercountry adoption, and an
adoption of a child with special needs (as defined in section
473(c) of the Social Security Act (42 U.S.C. 673(c))).
(c) Benefits Paid After Adoption Is Final.--Benefits paid
under this section in the case of an adoption may be paid only
after the adoption is final.
(d) Treatment of Other Benefits.--A benefit may not be paid
under this section for any expense paid to or for a member of
the Coast Guard under any other adoption benefits program
administered by the Federal Government or under any such
program administered by a State or local government.
(e) Limitations.--(1) Not more than $2,000 may be paid under
this section to a member of the Coast Guard, or to two such
members who are spouses of each other, for expenses incurred in
the adoption of a child.
(2) Not more than $5,000 may be paid under this
section to a member of the Coast Guard, or to two such
members who are spouses of each other, for adoptions by
such member (or members) in any calendar year.
(f) Regulations.--The Secretary shall prescribe regulations
to carry out this section.
(g) Definitions.--In this section:
(1) The term ``qualifying adoption expenses'' means
reasonable and necessary expenses that are directly
related to the legal adoption of a child under 18 years
of age, but only if such adoption is arranged by a
qualified adoption agency. Such term does not include
any expense incurred--
(A) by an adopting parent for travel; or
(B) in connection with an adoption arranged
in violation of Federal, State, or local law.
(2) The term ``reasonable and necessary expenses''
includes--
(A) public and private agency fees, including
adoption fees charged by an agency in a foreign
country;
(B) placement fees, including fees charged
adoptive parents for counseling;
(C) legal fees (including court costs) in
connection with services that are unavailable
to a member of the Coast Guard under section
1044 or 1044a of title 10; and
(D) medical expenses, including hospital
expenses of the biological mother of the child
to be adopted and of a newborn infant to be
adopted.
(3) The term ``qualified adoption agency'' means any
of the following:
(A) A State or local government agency which
has responsibility under State or local law for
child placement through adoption.
(B) A nonprofit, voluntary adoption agency
which is authorized by State or local law to
place children for adoption.
(C) Any other source authorized by a State to
provide adoption placement if the adoption is
supervised by a court under State or local law.
Sec. [542.] 2904. Education and training opportunities for Coast Guard
spouses
(a) Tuition Assistance.--The Commandant may provide, subject
to the availability of appropriations, tuition assistance to an
eligible spouse to facilitate the acquisition of--
(1) education and training required for a degree or
credential at an accredited college, university, or
technical school in the United States that expands
employment and portable career opportunities for the
spouse; or
(2) education prerequisites and a professional
license or credential required, by a government or
government-sanctioned licensing body, for an occupation
that expands employment and portable career
opportunities for the spouse.
(b) Definitions.--In this section, the following definitions
apply:
(1) Eligible spouse.--
(A) In general.--The term ``eligible spouse''
means the spouse of a member of the Coast Guard
who is serving on active duty and includes a
spouse who receives transitional compensation
under section 1059 of title 10.
(B) Exclusion.--The term ``eligible spouse''
does not include a person who--
(i) is married to, but legally
separated from, a member of the Coast
Guard under a court order or statute of
any State or territorial possession of
the United States; or
(ii) is eligible for tuition
assistance as a member of the Armed
Forces.
(2) Portable career.--The term ``portable career''
includes an occupation that requires education,
training, or both that results in a credential that is
recognized by an industry, profession, or specific type
of business.
Sec. [543.] 2905. Youth sponsorship initiatives
(a) In General.--The Commandant is authorized to establish,
within any Coast Guard unit, an initiative to help integrate
into new surroundings the dependent children of members of the
Coast Guard who received permanent change of station orders.
(b) Description of Initiative.--An initiative established
under subsection (a) shall--
(1) provide for the involvement of a dependent child
of a member of the Coast Guard in the dependent child's
new Coast Guard community; and
(2) primarily focus on preteen and teenaged children.
(c) Authority.--In carrying out an initiative under
subsection (a), the Commandant may--
(1) provide to a dependent child of a member of the
Coast Guard information on youth programs and
activities available in the dependent child's new Coast
Guard community; and
(2) enter into agreements with nonprofit entities to
provide youth programs and activities to such child.
Sec. [544.] 2906. Dependent school children
(a) The Secretary may provide, out of funds appropriated to
or for the use of the Coast Guard, for the primary and
secondary schooling of dependents of Coast Guard personnel
stationed outside the continental United States at costs for
any given area not in excess of those of the Department of
Defense for the same area, when it is determined by the
Secretary that the schools, if any, available in the locality
are unable to provide adequately for the education of those
dependents.
(b) Whenever the Secretary, under such regulations as he may
prescribe, determines that schools located in the same area in
which a Coast Guard facility is located are not accessible by
public means of transportation on a regular basis, he may
provide, out of funds appropriated to or for the use of the
Coast Guard, for the transportation of dependents of Coast
Guard personnel between the schools serving the area and the
Coast Guard facility.
SUBCHAPTER II--COAST GUARD CHILD CARE
Sec. [551.] 2921. Definitions
In this subchapter, the following definitions apply:
(1) Child abuse and neglect.--The term ``child abuse
and neglect'' has the meaning given that term in
section 3 of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5101 note).
(2) Child development center employee.--The term
``child development center employee'' means a civilian
employee of the Coast Guard who is employed to work in
a Coast Guard child development center without regard
to whether the employee is paid from appropriated or
nonappropriated funds.
(3) Coast guard child development center.--The term
``Coast Guard child development center'' means a
facility on Coast Guard property or on property under
the jurisdiction of the commander of a Coast Guard unit
at which child care services are provided for members
of the Coast Guard.
(4) Competitive service position.--The term
``competitive service position'' means a position in
the competitive service (as defined in section 2102 of
title 5).
(5) Family home daycare.--The term ``family home
daycare'' means home-based child care services provided
for a member of the Coast Guard by an individual who--
(A) is certified by the Commandant as
qualified to provide home-based child care
services; and
(B) provides home-based child care services
on a regular basis in exchange for monetary
compensation.
Sec. [552.] 2922. Child development services
(a) The Commandant may make child development services
available for members and civilian employees of the Coast
Guard, and thereafter as space is available for members of the
Armed Forces and Federal civilian employees. Child development
service benefits provided under the authority of this section
shall be in addition to benefits provided under other laws.
(b)(1) The Commandant is authorized to use appropriated funds
available to the Coast Guard to provide child development
services.
(2)(A) The Commandant is authorized to establish, by
regulations, fees to be charged parents for the
attendance of children at Coast Guard child development
centers.
(B) Fees to be charged, pursuant to
subparagraph (A), shall be based on family
income and whether a family is participating in
an initiative established under section 555(b),
except that the Commandant may, on a case-by-
base basis, establish fees at lower rates if
such rates would not be competitive with rates
at local child development centers.
(C) The Commandant is authorized to collect
and expend fees, established pursuant to this
subparagraph, and such fees shall, without
further appropriation, remain available until
expended for the purpose of providing services,
including the compensation of employees and the
purchase of consumable and disposable items, at
Coast Guard child development centers.
(3) The Commandant is authorized to use appropriated
funds available to the Coast Guard to provide
assistance to family home daycare providers so that
family home daycare services can be provided to
uniformed service members and civilian employees of the
Coast Guard at a cost comparable to the cost of
services provided by Coast Guard child development
centers.
(c) The Secretary shall promulgate regulations to implement
this section. The regulations shall establish fees to be
charged for child development services provided under this
section which take into consideration total family income.
Sec. [553.] 2923. Child development center standards and inspections
(a) Standards.--The Commandant shall require each Coast Guard
child development center to meet standards that the Commandant
considers appropriate to ensure the health, safety, and welfare
of the children and employees at the center.
(b) Inspections.--The Commandant shall provide for regular
and unannounced inspections of each Coast Guard child
development center to ensure compliance with this section.
(c) National Reporting.--
(1) In general.--The Commandant shall maintain and
publicize a means by which an individual can report,
with respect to a Coast Guard child development center
or a family home daycare--
(A) any suspected violation of--
(i) standards established under
subsection (a); or
(ii) any other applicable law or
standard;
(B) suspected child abuse or neglect; or
(C) any other deficiency.
(2) Anonymous reporting.--The Commandant shall ensure
that an individual making a report pursuant to
paragraph (1) may do so anonymously if so desired by
the individual.
(3) Procedures.--The Commandant shall establish
procedures for investigating reports made pursuant to
paragraph (1).
Sec. [554.] 2924. Child development center employees
(a) Training.--
(1) In general.--The Commandant shall establish a
training program for Coast Guard child development
center employees and satisfactory completion of the
training program shall be a condition of employment for
each employee of a Coast Guard child development
center.
(2) Timing for new hires.--The Commandant shall
require each employee of a Coast Guard child
development center to complete the training program
established under paragraph (1) not later than 6 months
after the date on which the employee is hired.
(3) Minimum requirements.--The training program
established under paragraph (1) shall include, at a
minimum, instruction with respect to--
(A) early childhood development;
(B) activities and disciplinary techniques
appropriate to children of different ages;
(C) child abuse and neglect prevention and
detection; and
(D) cardiopulmonary resuscitation and other
emergency medical procedures.
(4) Use of department of defense programs.--The
Commandant may use Department of Defense training
programs, on a reimbursable or nonreimbursable basis,
for purposes of this subsection.
(b) Training and Curriculum Specialists.--
(1) Specialist required.--The Commandant shall
require that at least 1 employee at each Coast Guard
child development center be a specialist in training
and curriculum development with appropriate credentials
and experience.
(2) Duties.--The duties of the specialist described
in paragraph (1) shall include--
(A) special teaching activities;
(B) daily oversight and instruction of other
child care employees;
(C) daily assistance in the preparation of
lesson plans;
(D) assisting with child abuse and neglect
prevention and detection; and
(E) advising the director of the center on
the performance of the other child care
employees.
(3) Competitive service.--Each specialist described
in paragraph (1) shall be an employee in a competitive
service position.
Sec. [555.] 2925. Parent partnerships with child development centers
(a) Parent Boards.--
(1) Formation.--The Commandant shall require that
there be formed at each Coast Guard child development
center a board of parents, to be composed of parents of
children attending the center.
(2) Functions.--Each board of parents formed under
paragraph (1) shall--
(A) meet periodically with the staff of the
center at which the board is formed and the
commander of the unit served by the center, for
the purpose of discussing problems and
concerns; and
(B) be responsible, together with the staff
of the center, for coordinating any parent
participation initiative established under
subsection (b).
(3) FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) does not apply to a board of parents
formed under paragraph (1).
(b) Parent Participation Initiative.--The Commandant is
authorized to establish a parent participation initiative at
each Coast Guard child development center to encourage and
facilitate parent participation in educational and related
activities at the center.
SUBCHAPTER III--HOUSING
Sec. [680.] 2941. Definitions
In this chapter:
(1) The term ``construct'' means to build, renovate,
or improve military family housing and military
unaccompanied housing.
(2) The term ``construction'' means building,
renovating, or improving military family housing and
military unaccompanied housing.
(3) The term ``military unaccompanied housing'' means
military housing intended to be occupied by members of
the armed forces serving a tour of duty unaccompanied
by dependents.
(4) The term ``United States'' includes the
Commonwealth of Puerto Rico, Guam, the United States
Virgin Islands, and the District of Columbia.
Sec. [681.] 2942. General authority
(a) Authority.--In addition to any other authority providing
for the acquisition or construction of military family housing
or military unaccompanied housing, the Secretary may acquire or
construct the following:
(1) Military family housing on or near Coast Guard
installations within the United States and its
territories and possessions.
(2) Military unaccompanied housing on or near such
Coast Guard installations.
(b) Limitation on Appropriations.--No appropriation shall be
made to acquire or construct military family housing or
military unaccompanied housing under this chapter if that
acquisition or construction has not been approved by
resolutions adopted by the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
Sec. [475.] 2943. Leasing and hiring of quarters; rental of inadequate
housing
(a) The Secretary is authorized to lease housing facilities
at or near Coast Guard installations, wherever located, for
assignment as public quarters to military personnel and their
dependents, if any, without rental charge upon a determination
by the Secretary, or his designee, that there is a lack of
adequate housing facilities at or near such Coast Guard
installations. The Secretary is also authorized to lease
housing facilities for assignment as public quarters, without
rental charge, to military personnel who are on sea duty or
duty at remote offshore Coast Guard stations and who do not
have dependents. Such authority shall be effective in any
fiscal year only to such extent or in such amounts as are
provided in appropriation Acts. When any such lease involves
housing facilities in a foreign country, the lease may be made
on a multiyear basis for a period not to exceed five years,
and, in accordance with local custom and practice, advance
payment may be made for the lease. Such public housing
facilities may be leased on an individual or multiple-unit
basis. Expenditures for the rental of such housing facilities
may not exceed the average authorized for the Department of
Defense in any year except where the Secretary finds that the
average is so low as to prevent rental of necessary housing
facilities in some areas, in which event he is authorized to
reallocate existing funds to high-cost areas so that rental
expenditures in such areas exceed the average authorized for
the Department of Defense.
(b) The Secretary is authorized, subject to regulations
approved by the President--
(1) to designate as rental housing such housing as he
may determine to be inadequate as public quarters; and
(2) to lease inadequate housing to members of the
Coast Guard for occupancy by them and their dependents.
(c) Where sufficient quarters are not possessed by the United
States, the Commandant may hire quarters for personnel,
including personnel on sea duty at such times as they may be
deprived of their quarters on board ship due to repairs or
other conditions which may render them uninhabitable. Such
accommodations shall not be available for occupancy by the
dependents of such personnel.
Sec. [680.] 2944. Retired service members and dependents serving on
advisory committees
A committee that--
(1) advises or assists the Coast Guard with respect
to a function that affects a member of the Coast Guard
or a dependent of such a member; and
(2) includes in its membership a retired Coast Guard
member or a dependent of such a retired member;
shall not be considered an advisory committee under the Federal
Advisory Committee Act (5 U.S.C. App.) solely because of such
membership.
Sec. [685.] 2945. Conveyance of real property
(a) Conveyance Authorized.--Notwithstanding any other
provision of law, the Secretary may convey, at fair market
value, real property, owned or under the administrative control
of the Coast Guard, for the purpose of expending the proceeds
from such conveyance to acquire and construct military family
housing and military unaccompanied housing.
(b) Terms and Conditions.--
(1) The conveyance of real property under this
section shall be by sale, for cash. The Secretary shall
deposit the proceeds from the sale in the Coast Guard
Housing Fund established under section 687 of this
title, for the purpose of expending such proceeds to
acquire and construct military family housing and
military unaccompanied housing.
(2) The conveyance of real property under this
section shall not diminish the mission capacity of the
Coast Guard, but further the mission support capability
of the Coast Guard with regard to military family
housing or military unaccompanied housing.
(c) Relationship to Environmental Law.--This section does not
affect or limit the application of or obligation to comply with
any environmental law, including section 120(h) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)).
Sec. [687.] 2946. Coast Guard Housing Fund
(a) Establishment.--There is hereby established on the books
of the Treasury an account to be known as the Coast Guard
Housing Fund (in this section referred to as the ``Fund'').
(b) Credits to Fund.--There shall be credited to the Fund the
following:
(1) Amounts authorized for and appropriated to that
Fund.
(2) Subject to subsection (e), any amounts that the
Secretary transfers, in such amounts as provided in
appropriation Acts, to that Fund from amounts
authorized and appropriated to the Department of
Homeland Security or Coast Guard for the acquisition or
construction of military family housing or military
unaccompanied housing.
(3) Proceeds from the conveyance of property under
section 685 of this title for the purpose of carrying
out activities under this chapter with respect to
military family housing and military unaccompanied
housing.
(4) Monies received under section 93(a)(13).
(5) Amounts received under section 672a(b).
(c) Use of Amounts in Fund.--(1) In such amounts as provided
in appropriations Acts, and except as provided in subsection
(d), the Secretary may use amounts in the Coast Guard Housing
Fund to carry out activities under this chapter with respect to
military family housing and military unaccompanied housing,
including--
(A) the planning, execution, and
administration of the conveyance of real
property;
(B) all necessary expenses, including
expenses for environmental compliance and
restoration, to prepare real property for
conveyance; and
(C) the conveyance of real property.
(2) Amounts made available under this subsection
shall remain available until expended.
(d) Limitation on Obligations.--The Secretary may not incur
an obligation under a contract or other agreements entered into
under this chapter in excess of the unobligated balance, at the
time the contract is entered into, of the Fund required to be
used to satisfy the obligation.
(e) Notification Required for Transfers.--A transfer of
appropriated amounts to the Fund under subsection (b)(2) of
this section may be made only after the end of a 30-day period
beginning on the date the Secretary submits written notice of,
and justification for, the transfer to the appropriate
committees of Congress.
Sec. [688.] 2947. Reports
The Secretary shall prepare and submit to Congress,
concurrent with the budget submitted pursuant to section 1105
of title 31, a report identifying the contracts or agreements
for the conveyance of properties pursuant to this chapter
executed during the prior calendar year.
Subtitle III--Coast Guard Reserve and Auxiliary
Chap. Sec.
Coast Guard Reserve...........................................3701
Coast Guard Auxiliary.........................................3901
General Provisions for Coast Guard Reserve and Auxiliary......4101
CHAPTER 37--COAST GUARD RESERVE
SUBCHAPTER I-ADMINISTRATION
Sec.
3701. Organization.
3702. Authorized strength.
3703. Coast Guard Reserve Boards.
3704. Grades and ratings; military authority.
3705. Benefits.
3706. Temporary members of the Reserve; eligibility and compensation.
3707. Temporary members of the Reserve; disability or death benefits.
3708. Temporary members of the Reserve; certificate of honorable
service.
3709. Reserve student aviation pilots; Reserve aviation pilots;
appointments in commissioned grade.
3710. Reserve student pre-commissioning assistance program.
3711. Appointment or wartime promotion; retention of grade upon release
from active duty.
3712. Exclusiveness of service.
3713. Active duty for emergency augmentation of regular forces.
3714. Enlistment of members engaged in schooling.
SUBCHAPTER II-PERSONNEL
3731. Definitions.
3732. Applicability of this subchapter.
3733. Suspension of this subchapter in time of war or national
emergency.
3734. Effect of this subchapter on retirement and retired pay.
3735. Authorized number of officers.
3736. Precedence.
3737. Running mates.
3738. Constructive credit upon initial appointment.
3739. Promotion of Reserve officers on active duty.
3740. Promotion; recommendations of selection boards.
3741. Selection boards; appointment.
3742. Establishment of promotion zones under running mate system.
3743. Eligibility for promotion.
3744. Recommendation for promotion of an officer previously removed from
an active status.
3745. Qualifications for promotion.
3746. Promotion; acceptance; oath of office.
3747. Date of rank upon promotion; entitlement to pay.
3748. Type of promotion; temporary.
3749. Effect of removal by the President or failure of consent of the
Senate.
3750. Failure of selection for promotion.
3751. Failure of selection and removal from an active status.
3752. Retention boards; removal from an active status to provide a flow
of promotion.
3753. Maximum ages for retention in an active status.
3754. Rear admiral and rear admiral (lower half); maximum service in
grade.
3755. Appointment of a former Navy or Coast Guard officer.
3756. Grade on entry upon active duty.
3757. Recall of a retired officer; grade upon release.
SUBCHAPTER I--ADMINISTRATION
Sec. [701.] 3701. Organization
The Coast Guard Reserve is a component of the Coast Guard. It
shall be organized, administered, trained, and supplied under
the direction of the Commandant.
Sec. [702.] 3702. Authorized strength
(a) The President shall prescribe the authorized strength of
the Coast Guard Reserve if not otherwise prescribed by law.
(b) Subject to the authorized strength of the Coast Guard
Reserve, the Secretary shall determine, at least annually, the
authorized strength in numbers in each grade necessary to
provide for mobilization requirements. Without the consent of
the member concerned, a member of the Reserve may not be
reduced in grade because of the Secretary's determination.
Sec. [703.] 3703. Coast Guard Reserve Boards
(a) The Secretary shall convene a Coast Guard Reserve Policy
Board at least annually to consider, recommend, and report to
the Secretary on Reserve policy matters. At least one-half of
the members of the Board shall be Reserve officers.
(b) The Secretary may convene any other Reserve Board the
Secretary considers necessary.
Sec. [704.] 3704. Grades and ratings; military authority
The grades and ratings in the Reserve, including cadets but
not grades above rear admiral, are those prescribed by law or
regulation for the Coast Guard. A member of the Reserve on
active duty or inactive-duty training has the same authority,
rights, and privileges in the performance of that duty as a
member of the Regular Coast Guard of corresponding grade or
rating.
Sec. [705.] 3705. Benefits
(a) A member of the Reserve on active duty, on inactive-duty
training, or engaged in authorized travel to or from that duty,
is entitled to the same benefits as a member of the Navy
Reserve of corresponding grade, rating, and length of service.
In determining length of service for the purpose of this
section, there shall be included all service for which credit
is given by law to members of the Regular Coast Guard.
(b) Chapter [13] 27 of this title applies to a member of the
Reserve under the same conditions and limitations as it applies
to a member of the Regular Coast Guard.
(c) A member of the Reserve who suffers sickness, disease,
disability, or death is entitled to the same benefits as
prescribed by law for a member of the Navy Reserve who suffers
sickness, disease, disability, or death under similar
conditions.
(d) A member of the Reserve on active duty or when retired
for disability is entitled to the benefits of section 253(a) of
title 42. A member of the Reserve when on active duty (other
than for training) or when retired for disability is entitled
to the benefits of chapter 55 of title 10.
(e) A member of the Reserve, except an enlisted member
retiring on the basis of years of active service, is entitled
to the same retirement rights, benefits, and privileges as
prescribed by law for a member of the Navy Reserve, and
wherever a law confers authority upon the Secretary of the
Navy, similar authority is given to the Secretary to be
exercised with respect to the Coast Guard when the Coast Guard
is not operating as a service in the Navy. An enlisted member
of the Reserve who retires on the basis of years of active
service is entitled to the same retirement rights, benefits,
and privileges as prescribed by law for an enlisted member of
the Regular Coast Guard.
(f) A member of the Coast Guard Reserve not on active duty
who is enrolled in an officer candidate program authorized by
section 12209 of title 10 leading to a commission in the Coast
Guard Reserve, and is a full-time student in an accredited
college curriculum leading to a bachelor's degree may be paid a
subsistence allowance for each month of the member's academic
year at the same rate as that prescribed by section 209(a) of
title 37.
Sec. [706.] 3706. Temporary members of the Reserve; eligibility and
compensation
A citizen of the United States, its territories, or
possessions who is a member of the Auxiliary, an officer or
member of the crew of a motorboat or yacht placed at the
disposal of the Coast Guard, or a person (including a
Government employee without pay other than the compensation of
that person's civilian position) who by reason of special
training and experience is considered by the Commandant to be
qualified for duty, may be enrolled by the Commandant as a
temporary member of the Reserve, for duty under conditions the
Commandant may prescribe, including part-time and intermittent
active duty with or without pay, without regard to age. The
Commandant is authorized to define the powers and duties of
temporary members of the Reserve, and to confer upon them,
appropriate to their qualifications and experience, the same
grades and ratings as provided for members of the Reserve. When
performing active duty with pay as authorized by this section,
temporary members of the Reserve are entitled to receive the
pay and allowances of their rank, grade, or rating.
Sec. [707.] 3707. Temporary members of the Reserve; disability or
death benefits
(a) If a temporary member of the Reserve is physically
injured, or dies as a result of physical injury, and the injury
is incurred incident to service while performing active duty,
or engaged in authorized travel to or from that duty, the law
authorizing compensation for employees of the United States
suffering injuries while in the performance of their duties,
applies, subject to this section. That law shall be
administered by the Secretary of Labor to the same extent as if
the member was a civil employee of the United States and was
injured in the performance of that duty. For benefit
computation, regardless of pay or pay status, the member is
considered to have had monthly pay of the monthly equivalent of
the minimum rate of basic pay in effect for grade GS-9 of the
General Schedule on the date the injury is incurred.
(b) This section does not apply if the workmen's compensation
law of a State, a territory, or another jurisdiction provides
coverage because of a concurrent employment status of the
temporary member. When the temporary member or a dependent is
entitled to a benefit under this section and also to a
concurrent benefit from the United States on account of the
same disability or death, the temporary member or dependent, as
appropriate, shall elect which benefit to receive.
(c) If a claim is filed under this section with the Secretary
of Labor for benefits because of an alleged injury or death,
the Secretary of Labor shall notify the Commandant who shall
direct an investigation into the facts surrounding the alleged
injury or death. The Commandant shall then certify to the
Secretary of Labor whether or not the injured or deceased
person was a temporary member of the Reserve, the person's
military status, and whether or not the injury or death was
incurred incident to military service.
(d) A temporary member of the Reserve, who incurs a physical
disability or contracts sickness or disease while performing a
duty to which the member has been assigned by competent
authority, is entitled to the same hospital treatment afforded
a member of the Regular Coast Guard.
(e) In administering section 8133 of title 5, for a person
covered by this section--
(1) the percentages applicable to payments under that
section are--
(A) 45 percent under subsection (a)(2) of
that section, where the member died fully or
currently insured under title II of the Social
Security Act (42 U.S.C. 401 et seq.), with no
additional payments for a child or children so
long as the widow or widower remains eligible
for payments under that subsection;
(B) 20 percent under subsection (a)(3) of
that section, for one child, and 10 percent
additional for each additional child, not to
exceed a total of 75 percent, where the member
died fully or currently insured under title II
of the Social Security Act; and
(C) 25 percent under subsection (a)(4) of
that section, if one parent was wholly
dependent for support upon the deceased member
at the time of the member's death and the other
was not dependent to any extent; 16 percent to
each if both were wholly dependent; and if one
was, or both were, partly dependent, a
proportionate amount in the discretion of the
Secretary of Labor;
(2) payments may not be made under subsection (a)(5)
of that section; and
(3) the Secretary of Labor shall inform the
Commissioner of Social Security whenever a claim is
filed and eligibility for compensation is established
under subsection (a)(2) or (a)(3) of section 8133 of
title 5. The Commissioner of Social Security shall then
certify to the Secretary of Labor whether or not the
member concerned was fully or currently insured under
title II of the Social Security Act at the time of the
member's death.
Sec. [708.] 3708. Temporary members of the Reserve; certificate of
honorable service
In recognition of the service of temporary members of the
Reserve, the Secretary may upon request issue an appropriate
certificate of honorable service in lieu of a certificate of
disenrollment issued to any person following disenrollment
under honorable conditions from service as a temporary member.
Issuance of a certificate of honorable service to any person
under this section does not entitle that person to any rights,
privileges, or benefits under any law of the United States.
Sec. [709.] 3709. Reserve student aviation pilots; Reserve aviation
pilots; appointments in commissioned grade
(a) Under regulations prescribed by the Secretary an enlisted
member of the Reserve may be designated as a student aviation
pilot.
(b) A member who is not a qualified aviator may not be
designated as a student aviation pilot unless the member agrees
in writing to serve on active duty for a period of two years
after successful completion of flight training, unless sooner
released. A student aviation pilot may be released from active
duty or discharged at any time as provided for in the
regulations prescribed by the Secretary.
(c) A student aviation pilot who is a qualified civilian
aviator may be given a brief refresher course in flight
training.
(d) A student aviation pilot undergoing flight training is
entitled to have uniforms and equipment provided at Government
expense.
(e) Under regulations prescribed by the Secretary, a student
aviation pilot may be designated an aviation pilot upon the
successful completion of flight training.
(f) In time of peace, an aviation pilot obligated under
subsection (b) to serve on active duty for two years may serve
for an additional period of not more than two years.
(g) An aviation pilot may be released from active duty or
discharged at any time as provided for in the regulations
prescribed by the Secretary.
(h) If qualified under regulations prescribed by the
Secretary, an aviation pilot may be appointed as an ensign in
the Reserve.
Sec. [709a.] 3710. Reserve student pre-commissioning assistance
program
(a) The Secretary may provide financial assistance to an
eligible enlisted member of the Coast Guard Reserve, not on
active duty, for expenses of the member while the member is
pursuing on a full-time basis at an institution of higher
education a program of education approved by the Secretary that
leads to--
(1) a baccalaureate degree in not more than 5
academic years; or
(2) a post-baccalaureate degree.
(b)(1) To be eligible for financial assistance under this
section, an enlisted member of the Coast Guard Reserve shall--
(A) be enrolled on a full-time basis in a
program of education referred to in subsection
(a) at any institution of higher education; and
(B) enter into a written agreement with the
Coast Guard described in paragraph (2).
(2) A written agreement referred to in paragraph
(1)(B) is an agreement between the member and the
Secretary in which the member agrees--
(A) to accept an appointment as a
commissioned officer in the Coast Guard
Reserve, if tendered;
(B) to serve on active duty for up to five
years; and
(C) under such terms and conditions as shall
be prescribed by the Secretary, to serve in the
Coast Guard Reserve until the eighth
anniversary of the date of the appointment.
(c) Expenses for which financial assistance may be provided
under this section are the following:
(1) Tuition and fees charged by the institution of
higher education involved.
(2) The cost of books.
(3) In the case of a program of education leading to
a baccalaureate degree, laboratory expenses.
(4) Such other expenses as are deemed appropriate by
the Secretary.
(d) The amount of financial assistance provided to a member
under this section shall be prescribed by the Secretary, but
may not exceed $25,000 for any academic year.
(e) Financial assistance may be provided to a member under
this section for up to 5 consecutive academic years.
(f) A member who receives financial assistance under this
section may be ordered to active duty in the Coast Guard
Reserve by the Secretary to serve in a designated enlisted
grade for such period as the Secretary prescribes, but not more
than 4 years, if the member--
(1) completes the academic requirements of the
program and refuses to accept an appointment as a
commissioned officer in the Coast Guard Reserve when
offered;
(2) fails to complete the academic requirements of
the institution of higher education involved; or
(3) fails to maintain eligibility for an original
appointment as a commissioned officer.
(g)(1) If a member requests to be released from the program
and the request is accepted by the Secretary, or if the member
fails because of misconduct to complete the period of active
duty specified, or if the member fails to fulfill any term or
condition of the written agreement required to be eligible for
financial assistance under this section, the financial
assistance shall be terminated. The Secretary may request the
member to reimburse the United States in an amount that bears
the same ratio to the total costs of the education provided to
that member as the unserved portion of active duty bears to the
total period of active duty the member agreed to serve. The
Secretary shall have the option to order such reimbursement
without first ordering the member to active duty. An obligation
to reimburse the United States imposed under this paragraph is
a debt owed to the United States.
(2) The Secretary may waive the service obligated
under subsection (f) of a member who becomes
unqualified to serve on active duty due to a
circumstance not within the control of that member or
who is not physically qualified for appointment and who
is determined to be unqualified for service as an
enlisted member of the Coast Guard Reserve due to a
physical or medical condition that was not the result
of the member's own misconduct or grossly negligent
conduct.
(3) A discharge in bankruptcy under title 11 that is
entered less than 5 years after the termination of a
written agreement entered into under subsection (b)
does not discharge the individual signing the agreement
from a debt arising under such agreement or under
paragraph (1).
(h) As used in this section, the term ``institution of higher
education'' has the meaning given that term in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001).
Sec. [710.] 3711. Appointment or wartime promotion; retention of grade
upon release from active duty
(a) A member of the Reserve on active duty, who is appointed
or promoted under section 214 or 275 of this title, is entitled
upon release from that duty to the highest grade satisfactorily
held by reason of that appointment or promotion. The Secretary
shall determine the highest grade satisfactorily held.
(b) Unless otherwise entitled to a higher grade, a member
recalled to active duty shall be recalled in the grade in which
released under subsection (a).
Sec. [711.] 3712. Exclusiveness of service
No member of the Reserve, other than a temporary member, may
be a member of another military organization. A temporary
member of the Reserve who is a member of another military
component shall, if ordered to active duty therein, be
disenrolled as a temporary member of the Reserve.
Sec. [712.] 3713. Active duty for emergency augmentation of regular
forces
(a) Notwithstanding another law, and for the emergency
augmentation of the Regular Coast Guard forces during a, or to
aid in prevention of an imminent, serious natural or manmade
disaster, accident, catastrophe, act of terrorism (as defined
in section 2 of the Homeland Security Act of 2002 (6 U.S.C.
101)), or transportation security incident as defined in
section 70101 of title 46, the Secretary may, without the
consent of the member affected, order to active duty of not
more than 120 days in any 2-year period an organized training
unit of the Coast Guard Ready Reserve, a member thereof, or a
member not assigned to a unit organized to serve as a unit.
(b) Under the circumstances of the domestic emergency
involved, a reasonable time shall be allowed between the date
when a Reserve member ordered to active duty under this section
is alerted for that duty and the date when the member is
required to enter upon that duty. Unless the Secretary
determines that the nature of the domestic emergency does not
allow it, this period shall be at least two days.
(c) Active duty served under this section--
(1) satisfies on a day-for-day basis all or a part of
the annual active duty for training requirement of
section 10147 of title 10;
(2) does not satisfy any part of the active duty
obligation of a member whose statutory Reserve
obligation is not already terminated; and
(3) entitles a member while engaged therein, or while
engaged in authorized travel to or from that duty, to
all rights and benefits, including pay and allowances
and time creditable for pay and retirement purposes, to
which the member would be entitled while performing
other active duty.
(d) Reserve members ordered to active duty under this section
shall not be counted in computing authorized strength of
members on active duty or members in grade under this title or
under any other law.
(e) For purposes of calculating the duration of active duty
allowed pursuant to subsection (a), each period of active duty
shall begin on the first day that a member reports to active
duty, including for purposes of training.
Sec. [713.] 3714. Enlistment of members engaged in schooling
The initial period of active duty for training required by
section 12103(d) of title 10, may be divided into two
successive annual periods of not less than six weeks each, to
permit the enlistment of a Reserve member without interrupting
any full-time schooling in which the member is engaged.
SUBCHAPTER II--PERSONNEL
Sec. [720.] 3731. Definitions
As used in this subchapter--
(1) ``Reserve officer'' means a commissioned officer
in the Reserve, except an officer excluded by section
721 of this title or a commissioned warrant officer;
and
(2) ``discharged'' means released from an appointment
as a Reserve officer.
Sec. [721.] 3732. Applicability of this subchapter
This subchapter applies only to the Reserve; except that it
does not apply to a temporary member of the Reserve.
Sec. [722.] 3733. Suspension of this subchapter in time of war or
national emergency
In time of war or national emergency declared by Congress,
the President may suspend the operation of this subchapter or
any part hereof. If this subchapter or any part hereof is
suspended by the President, prior to placing the suspended
provision in operation, the President shall by regulation, in
so far as practicable, adjust the grades of Reserve officers in
the same manner as adjustments in grade are made for Regular
officers.
Sec. [723.] 3734. Effect of this subchapter on retirement and retired
pay
Except as provided in subsection 746(b) of this title,
nothing in this subchapter authorizes the retirement of a
Reserve officer or the payment of retired, retainer, or
severance pay to a Reserve officer; or affects in any manner
the law relating to the retirement of, or the granting of
retired or retainer pay or other benefits to a Reserve officer.
Sec. [724.] 3735. Authorized number of officers
(a) The authorized number of officers in the Reserve in an
active status is 5,000. Reserve officers on an active-duty list
shall not be counted as part of the authorized number of
officers in the Reserve. The actual number of Reserve officers
in an active status at any time shall not exceed the authorized
number unless the Secretary determines that a greater number is
necessary for planned mobilization requirements, or unless the
excess results directly from the operation of law.
(b)(1) The Secretary shall make, at least once each year, a
computation to determine the number of Reserve officers in an
active status authorized to be serving in each grade. The
number in each grade shall be computed by applying the
applicable percentage to the total number of such officers
serving in an active status on the date the computation is
made. The number of Reserve officers in an active status below
the grade of rear admiral (lower half) shall be distributed by
pay grade so as not to exceed percentages of commissioned
officers authorized by section 42(b) of this title. When the
actual number of Reserve officers in an active status in a
particular pay grade is less than the maximum percentage
authorized, the difference may be applied to the number in the
next lower grade. A Reserve officer may not be reduced in rank
or grade solely because of a reduction in an authorized number
as provided for in this subsection, or because an excess
results directly from the operation of law.
(2) The authorized number of Reserve Officers in an
active status not on active duty in the grades of rear
admiral (lower half) and rear admiral is a total of
two. However, the Secretary of the department in which
the Coast Guard is operating may authorize an
additional number of Reserve officers not on active
duty in the grades of rear admiral (lower half) and
rear admiral as necessary in order to meet planned
mobilization requirements.
(c) Deferral of Limitation.--If at the end of any fiscal year
there is in effect a declaration of war or national emergency,
the President may defer the effectiveness of any end-strength
limitation with respect to that fiscal year prescribed by law
for any military or civilian component of the Coast Guard
Reserve, for a period not to exceed 6 months after the end of
the war or termination of the national emergency.
Sec. [725.] 3736. Precedence
(a) Reserve officers rank and take precedence in their
respective grades among themselves and with officers of the
same grade on the active duty promotion list and the permanent
commissioned teaching staff in accordance with their dates of
rank. When Reserve officers and officers on the active duty
promotion list or the permanent commissioned teaching staff
have the same date of rank in a grade, they take precedence as
determined by the Secretary.
(b) Notwithstanding any other law, a Reserve officer shall
not lose precedence when transferred to or from the active duty
promotion list, nor shall that officer's date of rank be
changed due to the transfer.
(c) A Reserve officer shall, when on the active duty
promotion list, be promoted in the same manner as any other
officer on the active duty promotion list regardless of the
length of active duty service of the Reserve officer.
(d) Notwithstanding any other law, a Reserve officer shall
not lose precedence by reason of promotion to the grade of rear
admiral or rear admiral (lower half), if the promotion is
determined in accordance with a running mate system.
(e) The Secretary shall adjust the date of rank of a Reserve
officer so that no changes of precedence occur.
Sec. [726.] 3737. Running mates
(a) The Secretary shall assign a running mate to each Reserve
officer in an active status not on the active duty promotion
list. The officer initially assigned as a running mate under
this section shall be that officer on the active duty promotion
list of the same grade who is next senior in precedence to the
Reserve officer concerned. An officer who has twice failed of
selection or who has been considered but has not been
recommended for continuation under section 289 of this title
shall not be assigned as a running mate under this section.
(b) A Reserve officer in an active status not on the active
duty promotion list shall be assigned a new running mate as
follows:
(1) If a previously assigned running mate is promoted
from below the promotion zone, is removed from the
active duty promotion list, suffers a loss of numbers,
fails of selection, fails to qualify for promotion, or
declines an appointment after being selected for
promotion, the new running mate shall be that officer
on the active duty promotion list, of the same grade,
who is next senior to the previous running mate and who
is, or may become, eligible for consideration for
promotion. If the previous running mate was on a list
of selectees for promotion, the new running mate shall
be that officer on the active duty promotion list, of
the same grade, who is on a list of selectees for
promotion and who is next senior to the previous
running mate.
(2) If a Reserve officer suffers a loss of numbers,
the new running mate shall be that officer on the
active duty promotion list who, after the loss of
numbers has been effected, is the running mate of the
Reserve officer next senior to the Reserve officer
concerned.
(3) If a Reserve officer is considered for promotion
and fails of selection, fails to qualify for promotion,
declines an appointment after being selected for
promotion, or has his or her name removed from a list
of selectees for promotion, and that officer's running
mate is promoted, the new running mate shall be that
officer on the active duty promotion list, of the same
grade, who, at the time the previous running mate was
considered for promotion, was next senior to the
previous running mate, was eligible for consideration
for promotion, and whose name was not included on a
list of selectees for promotion.
(4) In a situation not expressly covered by this
subsection, the Secretary may assign a new running mate
as necessary to effect the intent of this section that
inequitable changes of precedence do not occur.
(c) A Reserve officer on the active duty promotion list
shall, to the extent practicable and consistent with the
limitations imposed by this section, be assigned as the running
mate of all Reserve officers junior to the officer, who are in
an active status not on the active duty promotion list, and who
had a running mate in common with the officer just prior to the
time the officer was placed on the active duty promotion list.
(d) The Secretary may adjust, as necessary, the date of rank
of a Reserve officer not on active duty so that the date will
correspond with that of the running mate assigned to the
officer in accordance with this section. If an overpayment of
pay or allowances results from adjusting the date of rank, the
overpayment is not subject to recoupment.
Sec. [727.] 3738. Constructive credit upon initial appointment
Under regulations prescribed by the Secretary, a person,
appointed as a Reserve officer, may be assigned a date of rank
and precedence which reflects that person's experience,
education, or other qualifications. For the purpose of this
subchapter only, a person appointed for the purpose of
assignment or designation as a judge advocate in the Reserve
shall be credited with a minimum of one year service in an
active status. A person holding a doctor of philosophy, or a
comparable degree, in medicine or in a science allied to
medicine as determined by the Secretary, may be credited with a
minimum of three years service in an active status if appointed
for an assignment comparable to that of an officer in the Navy
Medical Department.
Sec. [728.] 3739. Promotion of Reserve officers on active duty
(a) A Reserve officer on active duty, other than for
training, duty on a board, or duty of a limited or temporary
nature if assigned to active duty from an inactive duty status,
shall not be eligible for consideration for promotion under
this subchapter; but shall be considered for promotion under
chapter [11] 21 of this title. If promoted while serving on
active duty the officer shall be considered as having been
promoted under this subchapter and shall be an extra number in
the grade to which promoted for the purpose of grade
distribution as prescribed in this subchapter. Upon release
from active duty the officer shall be included in the grade
distribution authorized by this subchapter.
(b) Notwithstanding subsection (a) of this section, a Reserve
officer who has been selected for promotion to the next higher
grade under this subchapter at the time the officer reports for
active duty, shall be promoted to that grade under chapter [11]
21 of this title.
(c) A Reserve officer who, at the time the officer is
released from active duty, has been selected for promotion to
the next higher grade under chapter [11] 21 of this title,
shall be promoted to that grade as though selected under this
subchapter.
(d) A failure of selection for promotion to the next higher
grade occurring under this subchapter or under chapter [11] 21
of this title shall count for all purposes.
Sec. [729.] 3740. Promotion; recommendations of selection boards
(a) Except as otherwise provided by law, a Reserve officer
shall only be promoted pursuant to the recommendation of a
selection board.
(b) The Secretary shall convene selection boards from time to
time to recommend Reserve officers for promotion to the next
higher grade. A board may be convened to consider officers in
one or more grades.
(c) A selection board shall, from among the names of those
eligible Reserve officers submitted to it, recommend for
promotion to the next higher grade:
(1) those officers serving in the grade of lieutenant
(junior grade) or above whom it considers to be best
qualified; and
(2) those officers serving in the grade of ensign
whom it considers to be fully qualified.
(d)(1) Before convening a selection board to recommend
Reserve officers for promotion, the Secretary shall establish a
promotion zone for officers serving in each grade to be
considered by the board. The Secretary shall determine the
number of officers in the promotion zone for officers serving
in any grade from among officers who are eligible for promotion
in that grade.
(2)(A) Before convening a selection board to
recommend Reserve officers for promotion to a grade
(other than the grade of lieutenant (junior grade)),
the Secretary shall determine the maximum number of
officers in that grade that the board may recommend for
promotion.
(B) The Secretary shall make the
determination under subparagraph (A) of the
maximum number that may be recommended with a
view to having in an active status a sufficient
number of Reserve officers in each grade to
meet the needs of the Coast Guard for Reserve
officers in an active status.
(C) In order to make the determination under
subparagraph (B), the Secretary shall determine
the following:
(i) The number of positions needed to
accomplish mission objectives that
require officers in the grade to which
the board will recommend officers for
promotion.
(ii) The estimated number of officers
needed to fill vacancies in such
positions during the period in which it
is anticipated that officers selected
for promotion will be promoted.
(iii) The number of officers
authorized by the Secretary to serve in
an active status in the grade under
consideration.
(iv) Any statutory limitation on the
number of officers in any grade
authorized to be in an active status.
(3)(A) The Secretary may, when the needs of the Coast
Guard require, authorize the consideration of officers
in a grade above lieutenant (junior grade) for
promotion to the next higher grade from below the
promotion zone.
(B) When selection from below the promotion
zone is authorized, the Secretary shall
establish the number of officers that may be
recommended for promotion from below the
promotion zone. That number may not exceed the
number equal to 10 percent of the maximum
number of officers that the board is authorized
to recommend for promotion, except that the
Secretary may authorize a greater number, not
to exceed 15 percent of the total number of
officers that the board is authorized to
recommend for promotion, if the Secretary
determines that the needs of the Coast Guard so
require. If the maximum number determined under
this subparagraph is less than one, the board
may recommend one officer for promotion from
below the promotion zone.
(C) The number of officers recommended for
promotion from below the promotion zone does
not increase the maximum number of officers
that the board is authorized to recommend for
promotion under paragraph (2).
(e) The law and regulations relating to the selection for
promotion of a commissioned officer of the Regular Coast Guard
to the grades of rear admiral (lower half) and rear admiral
apply to a Reserve officer, except that to be eligible for
consideration for promotion to the grade of rear admiral (lower
half) an officer shall have completed at least ten years
commissioned service, of which the last five years shall have
been served in the Coast Guard Reserve.
(f) The provisions of section 260 of this title apply to
boards convened under this section. The Secretary shall
determine the procedure to be used by a selection board.
(g) The report of a selection board shall be submitted to the
Secretary for review and transmission to the President for
approval. When an officer recommended by a board for promotion
is not acceptable to the President, the President may remove
the name of that officer from the report of the board.
(h) The recommendations of a selection board, as approved by
the President, constitute a list of selectees from which the
promotions of Reserve officers shall be made. An officer on a
list of selectees remains thereon until promoted unless removed
by the President under section 738 of this title. If an
existing list of selectees has not been exhausted by the time a
later list has been approved, all officers remaining on the
older list shall be tendered appointments prior to those on the
later list.
(i) A Reserve officer whose name is on a list of selectees
for promotion shall, unless that officer's promotion is
lawfully withheld, be tendered an appointment in the next
higher grade on the date a vacancy occurs, or as soon
thereafter as practicable in the grade to which the officer was
selected for promotion or, if promotion was determined in
accordance with a running mate system, at the same time, or as
soon thereafter as practicable, as that officer's running mate
is tendered a similar appointment.
Sec. [730.] 3741. Selection boards; appointment
(a) A selection board shall (1) be appointed and convened by
the Secretary; (2) consist of at least 50 per centum Reserve
officer membership, except in the case of a flag officer
selection board where, to the extent practicable, it shall
consist of at least 50 per centum Reserve officer membership;
(3) consist only of members, Reserve or Regular, senior in
grade to any officer being considered by that board; and (4) be
composed of not less than five members, which number
constitutes a quorum.
(b) A selection board serves for the length of time
prescribed by the Secretary, but no board may serve longer than
one year. No officer may serve on two consecutive selection
boards for the same grade when the second of those boards
considers an officer who was considered, but not recommended
for promotion, by the first selection board.
(c) Each member of a selection board shall swear that he
will, without prejudice or partiality, and having in view both
the special fitness required of officers and the efficiency of
the Coast Guard, perform the duties imposed upon him. Not less
than a majority of the total membership of a selection board
shall concur in each recommendation made by the board.
(d) An officer eligible for consideration for promotion by a
selection board may forward, through official channels, a
written communication inviting the attention of the board to
any matter in the officer's record in the armed forces that, in
the opinion of the officer concerned, is important to the
board's consideration. A communication forwarded under this
subsection shall arrive in time to allow delivery to the board
prior to its convening, and may not criticize or reflect upon
the character, conduct, or motive of any officer.
Sec. [731.] 3742. Establishment of promotion zones under running mate
system
(a) Authority To Use Running Mate System.--The Secretary may
by regulation implement section 729(d)(1) of this title by
requiring that the promotion zone for consideration of Reserve
officers in an active status for promotion to the next higher
grade be determined in accordance with a running mate system as
provided in subsection (b).
(b) Consideration for Promotion.--If promotion zones are
determined as authorized under subsection (a), a Reserve
officer shall, subject to the eligibility requirements of this
subchapter, be placed in a promotion zone when that officer's
running mate is placed in a promotion zone and shall, in
accordance with the provisions of this subchapter, be
considered for promotion at approximately the same time as that
officer's running mate or as soon thereafter as practicable, or
in the event that promotion is not determined in accordance
with a running mate system, then a Reserve officer becomes
eligible for consideration for promotion to the next higher
grade at the beginning of the promotion year in which he or she
completes the following amount of service computed from the
date of rank in the grade in which he or she is serving:
(1) two years in the grade of lieutenant (junior
grade);
(2) three years in the grade of lieutenant;
(3) four years in the grade of lieutenant commander;
(4) four years in the grade of commander; and
(5) three years in the grade of captain.
(c) Consideration of Officers Below the Zone.--If the
Secretary authorizes the selection of officers for promotion
from below the promotion zone in accordance with section
729(d)(3) of this title, the number of officers to be
considered from below the zone may be established through the
application of the running mate system under this subchapter or
otherwise as the Secretary determines to be appropriate to meet
the needs of the Coast Guard.
Sec. [732.] 3743. Eligibility for promotion
A Reserve officer is eligible for consideration for promotion
and for promotion under this subchapter, if that officer is in
an active status. A Reserve officer who has been considered but
not recommended for retention in an active status by a board
convened under subsection 741(a) of this title, is not eligible
for consideration for promotion.
Sec. [733.] 3744. Recommendation for promotion of an officer
previously removed from an active status
A Reserve officer recommended for promotion by a selection
board but not promoted because of removal from an active status
shall be reconsidered by a selection board after returning to
an active status and if selected shall be placed on a
recommended list of selectees for promotion. A Reserve officer
to whom this section applies is not considered to have failed
of selection when eliminated from a list of selectees for
promotion solely as a result of being removed from an active
status.
Sec. [734.] 3745. Qualifications for promotion
(a) A Reserve officer shall not be promoted to a higher grade
unless the officer has been found to be physically qualified
and the character of the officer's service subsequent to the
convening of the selection board which recommended the officer
for promotion has been verified as satisfactory.
(b) Subsection (a) of this section does not exclude from
promotion a Reserve officer physically disqualified by a
medical board for duty at sea or in the field, if the
disqualification results from wounds received in the line of
duty, and those wounds do not incapacitate the officer for
other duties in the grade to which the officer is to be
promoted.
Sec. [735.] 3746. Promotion; acceptance; oath of office
(a) A Reserve officer who has been appointed under this
subchapter is considered to have accepted the appointment
unless delivery thereof cannot be effected.
(b) A Reserve officer who has served continuously since
taking the oath of office prescribed in section 3331 of title
5, is not required to take a new oath of office upon
appointment in a higher grade.
Sec. [736.] 3747. Date of rank upon promotion; entitlement to pay
(a) When a Reserve officer is promoted to the next higher
grade under this subchapter, the date of rank shall be the date
of appointment in that grade, unless the promotion was
determined in accordance with a running mate system, in which
event the same date of rank shall be assigned as that assigned
to the officer's running mate. A Reserve officer so promoted
shall be allowed the pay and allowances of the higher grade for
duty performed from the date of the officer's appointment
thereto.
(b) Notwithstanding any other provision of law and subject to
subsection (c), if promotion of an inactive duty promotion list
officer to the grade of rear admiral or rear admiral (lower
half) is determined in accordance with a running mate system, a
reserve officer, if acceptable to the President and the Senate,
shall be promoted to the next higher grade no later than the
date the officer's running mate is promoted.
(c) For the purposes of this section, the date of appointment
shall be that date when promotion authority is exercised by the
Secretary. However, the Secretary may adjust the date of
appointment--
(1) if a delay in the finding required under section
734(a) of this title is beyond the control of the
officer and the officer is otherwise qualified for
promotion; or
(2) for any other reason that equity requires.
Sec. [737.] 3748. Type of promotion; temporary
Notwithstanding any other law, if a Reserve officer is
promoted when the officer's running mate is promoted and the
promotion of the running mate is on a temporary basis, the
promotion of the Reserve officer is also on a temporary basis.
If subsequently the running mate is reverted to a lower grade,
other than for reasons of discipline, incompetence, or at the
running mate's request, the Reserve officer shall likewise
revert to the same lower grade with corresponding precedence.
Sec. [738.] 3749. Effect of removal by the President or failure of
consent of the Senate
(a) The President may, for cause, remove the name of any
officer from a list of selectees established under section 729
of this title.
(b) If the Senate, where required, does not consent to the
appointment of an officer whose name is on a list of selectees
established under section 729 of this title, that officer's
name shall be removed from the list.
(c) An officer whose name is removed from a list of selectees
under subsection (a) or (b) continues to be eligible for
consideration for promotion. If selected for promotion by the
next selection board and promoted, that officer shall be
assigned the date of rank and precedence that would have been
assigned if the officer's name had not been previously removed.
However, if the officer is not selected by the next selection
board, or if the officer's name is again removed from the list
of selectees, the officer shall be considered for all purposes
as having twice failed of selection for promotion.
Sec. [739.] 3750. Failure of selection for promotion
(a) A Reserve officer, other than one serving in the grade of
captain, who is, or is senior to, the junior officer in the
promotion zone established for the officer's grade, fails of
selection if not selected for promotion by the selection board
that considered the officer, or if having been selected for
promotion by the board, the officer's name is thereafter
removed from the report of the board by the President.
(b) A Reserve officer is not considered to have failed of
selection if the officer was not considered by a selection
board because of administrative error. If that officer is
selected by the next appropriate selection board after the
error is discovered, and is promoted, the same date of rank and
precedence shall be assigned that would have been assigned if
the officer had been recommended for promotion by the selection
board that originally would have considered the officer but for
the error.
Sec. [740.] 3751. Failure of selection and removal from an active
status
(a) The Secretary--
(1) may remove from an active status a Reserve
officer who has twice failed of selection to the next
higher grade; and
(2) shall remove from an active status a Reserve
officer serving in the grade of captain who has
completed thirty years of total commissioned service
and whose name is not carried on an approved list of
selectees for promotion to the grade of rear admiral
(lower half).
(b) A Reserve officer who has twice failed of selection to
the next higher grade and who is not removed from an active
status under subsection (a)(1) of this section shall be
retained for the period prescribed by the Secretary.
(c) Subject to section 12646 of title 10, a Reserve officer
who is removed from an active status under subsection (a) of
this section shall be given an opportunity to transfer to the
Retired Reserve, if qualified, but unless so transferred shall,
in the discretion of the Secretary, be transferred to the
inactive status list or discharged as follows:
(1) if removed from an active status under subsection
(a)(1) of this section, on June 30 next following the
approval date of the board report by virtue of which
the officer's second failure of selection occurs; or
(2) if removed from an active status under subsection
(a)(2) of this section, on June 30 next following the
date on which the officer completes thirty years of
total commissioned service as computed under this
section.
(d) For the purpose of this section, the total commissioned
service of an officer who has served continuously in the
Reserve following appointment in the grade of ensign shall be
computed from the date on which that appointment to the Reserve
was accepted. A Reserve officer initially appointed in a grade
above ensign is considered to have the actual total
commissioned service performed in a grade above commissioned
warrant officer or the same total commissioned service as an
officer of the Regular Coast Guard who has served continuously
from an original appointment as ensign, who has not lost
numbers or precedence, and who is, or was, junior to the
Reserve officer, whichever is greater.
Sec. [741.] 3752. Retention boards; removal from an active status to
provide a flow of promotion
(a) Notwithstanding any other provision of this title,
whenever the Secretary determines that it is necessary to
reduce the number of Reserve officers in an active status in
any grade to provide a steady flow of promotion, or that there
is an excessive number of Reserve officers in an active status
in any grade, the Secretary may appoint and convene a retention
board to consider all of the Reserve officers in that grade in
an active status who have 18 years or more of service for
retirement, except those officers who--
(1) are on extended active duty;
(2) are on a list of selectees for promotion;
(3) will complete 30 years total commissioned service
by June 30th following the date that the retention
board is convened; or
(4) have reached age 59 by the date on which the
retention board is convened.
The retention board shall select and recommend a specified
number of the officers under consideration for retention in an
active status.
(b) This board shall--
(1) to the extent practicable, consist of at least 50
per centum Reserve officers;
(2) consist only of officers who are senior in rank
to any officers being considered by that board; and
(3) to the extent practicable, consist of officers
who have not served on the last previous retention
board which considered officers of the same grade.
(c) Subject to section 12646 of title 10, a Reserve officer
who is not recommended for retention in an active status under
this section shall be given an opportunity to transfer to the
Retired Reserve, if qualified, but unless so transferred shall,
in the discretion of the Secretary, be transferred to the
inactive status list or discharged on June 30 next following
the date on which the report of the retention board is
approved.
(d) The provisions of section 260 of this title shall, to the
extent that they are not inconsistent with this subchapter,
apply to boards convened under this section.
Sec. [742.] 3753. Maximum ages for retention in an active status
(a) A Reserve officer, if qualified, shall be transferred to
the Retired Reserve on the day the officer becomes 60 years of
age unless on active duty. If not qualified for retirement, a
Reserve officer shall be discharged effective upon the day the
officer becomes 60 years of age unless on active duty.
(b) A Reserve officer on active duty shall, if qualified, be
retired effective upon the day the officer become 62 years of
age. If not qualified for retirement, a Reserve officer on
active duty shall be discharged effective upon the day the
officer becomes 62 years of age.
(c) Notwithstanding subsections (a) and (b), the Secretary
may authorize the retention of a Reserve rear admiral or rear
admiral (lower half) in an active status not longer than the
day on which the officer concerned becomes 64 years of age.
(d) For purposes of this section, ``active duty'' does not
include active duty for training, duty on a board, or duty of a
limited or temporary nature if assigned to active duty from an
inactive duty status.
Sec. [743.] 3754. Rear admiral and rear admiral (lower half); maximum
service in grade
(a) Unless retained in or removed from an active status under
any other law, a reserve rear admiral or rear admiral (lower
half) shall be retired on July 1 of the promotion year
immediately following the promotion year in which that officer
completes 4 years of service after the appointment of the
officer to rear admiral (lower half).
(b) Notwithstanding any other provision of law, if promotion
of inactive duty promotion list officers to the grade of rear
admiral is not determined in accordance with a running mate
system, a Reserve officer serving in an active status in the
grade of rear admiral (lower half) shall be promoted to the
grade of rear admiral, if acceptable to the President and the
Senate, on the date the officer has served 2 years in an active
status in grade of rear admiral (lower half), or in the case of
a vacancy occurring prior to having served 2 years in an active
status, on the date the vacancy occurs, if the officer served
at least 1 year in an active status in the grade of rear
admiral (lower half).
Sec. [744.] 3755. Appointment of a former Navy or Coast Guard officer
A former officer of the Regular Navy or Coast Guard who
applies for a Reserve commission within one year of resigning
the officer's Regular commission, and who is appointed in the
same grade previously held in the Regular Navy or Coast Guard,
shall be given the same date of rank in that grade as that
previously assigned to the officer while a member of the
Regular Navy or Coast Guard.
Sec. [745.] 3756. Grade on entry upon active duty
A Reserve officer ordered to active duty or active duty for
training shall be ordered in the grade held; except that the
Secretary may authorize a higher grade.
Sec. [746.] 3757. Recall of a retired officer; grade upon release
(a) When an officer in the Retired Reserve or an officer on a
Reserve retired list is recalled to active duty, that officer
shall be recalled in a manner similar to the recall of a
Regular retired officer.
(b) An officer in the Retired Reserve or an officer on a
Reserve retired list recalled to active duty shall upon release
therefrom be advanced in the Retired Reserve or on the Reserve
retired list to the highest grade held on active duty, if: (1)
appointed to a higher grade while on that duty, and (2) the
officer's performance has been satisfactory in the higher
grade.
CHAPTER 39--COAST GUARD AUXILIARY
Sec.
3901. Administration of the Coast Guard Auxiliary.
3902. Purpose of the Coast Guard Auxiliary.
3903. Eligibility; enrollments.
3904. Members of the Auxiliary; status.
3905. Disenrollment.
3906. Membership in other organizations.
3907. Use of member's facilities.
3908. Vessel deemed public vessel.
3909. Aircraft deemed public aircraft.
3910. Radio station deemed government station.
3911. Availability of appropriations.
3912. Assignment and performance of duties.
3913. Injury or death in line of duty.
Sec. [821.] 3901. Administration of the Coast Guard Auxiliary
(a) The Coast Guard Auxiliary is a nonmilitary organization
administered by the Commandant under the direction of the
Secretary. For command, control, and administrative purposes,
the Auxiliary shall include such organizational elements and
units as are approved by the Commandant, including but not
limited to, a national board and staff (to be known as the
``Auxiliary headquarters unit''), districts, regions,
divisions, flotillas, and other organizational elements and
units. The Auxiliary organization and its officers shall have
such rights, privileges, powers, and duties as may be granted
to them by the Commandant, consistent with this title and other
applicable provisions of law. The Commandant may delegate to
officers of the Auxiliary the authority vested in the
Commandant by this section, in the manner and to the extent the
Commandant considers necessary or appropriate for the
functioning, organization, and internal administration of the
Auxiliary.
(b) Each organizational element or unit of the Coast Guard
Auxiliary organization (but excluding any corporation formed by
an organizational element or unit of the Auxiliary under
subsection (c) of this section), shall, except when acting
outside the scope of section 822, at all times be deemed to be
an instrumentality of the United States, for purposes of the
following:
(1) Chapter 171 of title 28 (popularly known as the
Federal Tort Claims Act).
(2) Section 2733 of title 10 (popularly known as the
Military Claims Act).
(3) Section 30101 of title 46 (popularly known as the
Admiralty Extension Act).
(4) Chapter 309 of title 46 (known as the Suits in
Admiralty Act).
(5) Chapter 311 of title 46 (known as the Public
Vessels Act).
(6) Other matters related to noncontractual civil
liability.
(c) The national board of the Auxiliary, and any Auxiliary
district or region, may form a corporation under State law in
accordance with policies established by the Commandant.
(d)(1) Except as provided in paragraph (2), personal property
of the auxiliary shall not be considered property of the United
States.
(2) The Secretary may treat personal property of the
auxiliary as property of the United States--
(A) for the purposes of--
(i) the statutes and matters referred
to in paragraphs (1) through (6) of
subsection (b); and
(ii) section 641 of this title; and
(B) as otherwise provided in this chapter.
(3) The Secretary may reimburse the Auxiliary, and
each organizational element and unit of the Auxiliary,
for necessary expenses of operation, maintenance, and
repair or replacement of personal property of the
Auxiliary.
(4) In this subsection, the term ``personal property
of the Auxiliary'' means motor boats, yachts, aircraft,
radio stations, motorized vehicles, trailers, or other
equipment that is under the administrative jurisdiction
of the Coast Guard Auxiliary or an organizational
element or unit of the Auxiliary and that is used
solely for the purposes described in this subsection.
Sec. [822.] 3902. Purpose of the Coast Guard Auxiliary
(a) In General.--The purpose of the Auxiliary is to assist
the Coast Guard as authorized by the Commandant, in performing
any Coast Guard function, power, duty, role, mission, or
operation authorized by law.
(b) Limitation.--The Auxiliary may conduct a patrol of a
waterway, or a portion thereof, only if--
(1) the Commandant has determined such waterway, or
portion thereof, is navigable for purposes of the
jurisdiction of the Coast Guard; or
(2) a State or other proper authority has requested
such patrol pursuant to section 141 of this title or
section 13109 of title 46.
Sec. [823.] 3903. Eligibility; enrollments
The Auxiliary shall be composed of nationals of the United
States, as defined in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)), and aliens lawfully
admitted for permanent residence, as defined in section
101(a)(20) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(20))--
(1) who--
(A) are owners, sole or part, of motorboats,
yachts, aircraft, or radio stations; or
(B) by reason of their special training or
experience are deemed by the Commandant to be
qualified for duty in the Auxiliary; and
(2) who may be enrolled therein pursuant to
applicable regulations.
Sec. [823a.] 3904. Members of the Auxiliary; status
(a) Except as otherwise provided in this chapter, a member of
the Coast Guard Auxiliary shall not be considered to be a
Federal employee and shall not be subject to the provisions of
law relating to Federal employment, including those relating to
hours of work, rates of compensation, leave, unemployment
compensation, Federal employee benefits, ethics, conflicts of
interest, and other similar criminal or civil statutes and
regulations governing the conduct of Federal employees.
However, nothing in this subsection shall constrain the
Commandant from prescribing standards for the conduct and
behavior of members of the Auxiliary.
(b) A member of the Auxiliary while assigned to duty shall be
deemed to be a Federal employee only for the purposes of the
following:
(1) Chapter 171 of title 28 (popularly known as the
Federal Tort Claims Act).
(2) Section 2733 of title 10 (popularly known as the
Military Claims Act).
(3) Section 30101 of title 46 (popularly known as the
Admiralty Extension Act).
(4) Chapter 309 of title 46 (known as the Suits in
Admiralty Act).
(5) Chapter 311 of title 46 (known as the Public
Vessels Act).
(6) Other matters related to noncontractual civil
liability.
(7) Compensation for work injuries under chapter 81
of title 5.
(8) The resolution of claims relating to damage to or
loss of personal property of the member incident to
service under the Military Personnel and Civilian
Employees' Claims Act of 1964 (31 U.S.C. 3721).1
(9) On or after January 1, 2001, section 651 of
Public Law 104-208.
(c) A member of the Auxiliary, while assigned to duty, shall
be deemed to be a person acting under an officer of the United
States or an agency thereof for purposes of section 1442(a)(1)
of title 28.
Sec. [824.] 3905. Disenrollment
Members of the Auxiliary may be disenrolled pursuant to
applicable regulations.
Sec. [825.] 3906. Membership in other organizations
Members of the Auxiliary may be appointed or enlisted in the
Reserve, pursuant to applicable regulations, and membership in
the Auxiliary shall not be a bar to membership in any other
naval or military organization.
Sec. [826.] 3907. Use of member's facilities
(a) Motor Boats, Yachts, Aircraft, and Radio Stations.--The
Coast Guard may utilize for any purpose incident to carrying
out its functions and duties as authorized by the Secretary any
motorboat, yacht, aircraft, or radio station placed at its
disposition for any of such purposes by any member of the
Auxiliary, by any corporation, partnership, or association, or
by any State or political subdivision thereof.
(b) Motor Vehicles.--The Coast Guard may utilize to carry out
its functions and duties as authorized by the Secretary any
motor vehicle (as defined in section 154 of title 23, United
States Code) placed at its disposition by any member of the
Auxiliary, by any corporation, partnership, or association, or
by any State or political subdivision thereof, to tow Federal
Government property.
Sec. [827.] 3908. Vessel deemed public vessel
While assigned to authorized Coast Guard duty, any motorboat
or yacht shall be deemed to be a public vessel of the United
States and a vessel of the Coast Guard within the meaning of
sections 646 and 647 of this title and other applicable
provisions of law.
Sec. [828.] 3909. Aircraft deemed public aircraft
While assigned to authorized Coast Guard duty, any aircraft
shall be deemed to be a Coast Guard aircraft, a public vessel
of the United States, and a vessel of the Coast Guard within
the meaning of sections 646 and 647 of this title and other
applicable provisions of law. Subject to the provisions of
sections 823a and 831 of this title, while assigned to duty,
qualified Auxiliary pilots shall be deemed to be Coast Guard
pilots.
Sec. [829.] 3910. Radio station deemed government station
Any radio station, while assigned to authorized Coast Guard
duty shall be deemed to be a radio station of the Coast Guard
and a ``government station'' within the meaning of section 305
of the Communications Act of 1934 (47 U.S.C. 305).
Sec. [830.] 3911. Availability of appropriations
(a) Appropriations of the Coast Guard shall be available for
the payment of actual necessary traveling expense and
subsistence, or commutation of ration allowance in lieu of
subsistence, of members of the Auxiliary assigned to authorized
duties and for actual necessary expenses of operation of any
motorboat, yacht, aircraft, radio station, or motorized vehicle
utilized under section 826(b) when assigned to Coast Guard
duty, but shall not be available for the payment of
compensation for personal services, incident to such operation,
other than to personnel of the Coast Guard or the Reserve. The
term ``actual necessary expenses of operation,'' as used in
this section, shall include payment for fuel, oil, power,
water, supplies, provisions, replacement or repair of
equipment, repair of any damaged motorboat, yacht, aircraft,
radio station, or motorized vehicle utilized under section
826(b) and for the constructive or actual loss of any
motorboat, yacht, aircraft, radio station, or motorized vehicle
utilized under section 826(b) where it is determined, under
applicable regulations, that responsibility for the loss or
damage necessitating such replacement or repair of equipment,
or for the damage or loss, constructive or actual, of such
motorboat, yacht, aircraft, radio station, or motorized vehicle
utilized under section 826(b) rests with the Coast Guard.
(b) The Secretary may pay interest on a claim under this
section in any case in which a payment authorized under this
section is not made within 60 days after the submission of the
claim in a manner prescribed by the Secretary. The rate of
interest for purposes of this section shall be the annual rate
established under section 6621 of the Internal Revenue Code of
1954.
Sec. [831.] 3912. Assignment and performance of duties
No member of the Auxiliary, solely by reason of such
membership, shall be vested with, or exercise, any right,
privilege, power, or duty vested in or imposed upon the
personnel of the Coast Guard or the Reserve, except that any
such member may, under applicable regulations, be assigned
duties, which, after appropriate training and examination, he
has been found competent to perform, to effectuate the purposes
of the Auxiliary. No member of the Auxiliary shall be placed in
charge of a motorboat, yacht, aircraft, or radio station
assigned to Coast Guard duty unless he has been specifically
designated by authority of the Commandant to perform such duty.
Members of the Auxiliary, when assigned to duties as herein
authorized shall, unless otherwise limited by the Commandant,
be vested with the same power and authority, in the execution
of such duties, as members of the regular Coast Guard assigned
to similar duty. When any member of the Auxiliary is assigned
to such duty he may, pursuant to regulations issued by the
Secretary, be paid actual necessary traveling expenses,
including a per diem allowance in conformity with standardized
Government travel regulations in lieu of subsistence, while
traveling and while on duty away from his home. No per diem
shall be paid for any period during which quarters and
subsistence in kind are furnished by the Government, and no per
diem shall be paid for any period while such member is
performing duty on a vessel.
Sec. [832.] 3913. Injury or death in line of duty
When any member of the Auxiliary is physically injured or
dies as a result of physical injury incurred while performing
any duty to which he has been assigned by competent Coast Guard
authority, such member or his beneficiary shall be entitled to
the same benefits provided for temporary members of the Reserve
who suffer physical injury or death resulting from physical
injury incurred incident to service. Members of the Auxiliary
who incur physical injury or contract sickness or disease while
performing any duty to which they have been assigned by
competent Coast Guard authority shall be entitled to the same
hospital treatment afforded members of the Coast Guard. The
performance of a duty as the term is used in this section
includes time engaged in traveling back and forth between the
place of assigned duty and the permanent residence of a member
of the Auxiliary.
CHAPTER 41--GENERAL PROVISIONS FOR COAST GUARD RESERVE AND AUXILIARY
Sec.
4101. Flags; pennants; uniforms and insignia.
4102. Penalty.
4103. Limitation on rights of members of the Auxiliary and temporary
members of the Reserve.
4104. Availability of facilities and appropriations.
Sec. [891.] 4101. Flags; pennants; uniforms and insignia
The Secretary may prescribe one or more suitable
distinguishing flags, pennants, or other identifying insignia
to be displayed by the motorboats, yachts, aircraft, and radio
stations owned by members of the Auxiliary and one or more
suitable insignia which may be worn by members of the Reserve
or the Auxiliary, and may prescribe one or more suitable
uniforms which may be worn by members of the Auxiliary. Such
flags, pennants, uniforms, and insignia may be furnished by the
Coast Guard at actual cost, and the proceeds received therefor
shall be credited to current appropriations from which purchase
of these articles is authorized.
Sec. [892.] 4102. Penalty
Whoever, without proper authority, flies from any building,
aircraft, motorboat, yacht, or other vessel, any flag or
pennant or displays any identifying insignia or wears any
uniform or insignia of the Reserve or the Auxiliary shall be
fined not more than $500.
Sec. [893.] 4103. Limitation on rights of members of the Auxiliary and
temporary members of the Reserve
Members of the Auxiliary and temporary members of the Reserve
shall be entitled only to such rights, privileges, and benefits
as are specifically set forth for them in this title or as may
be specifically provided for them in any other Act of Congress.
Any Act of Congress which grants rights, privileges, or
benefits generally to military personnel, or among others, to
personnel of the Coast Guard and the Coast Guard Reserve,
without specifically granting such rights, privileges, or
benefits to members of the Auxiliary or temporary members of
the Reserve, shall not be deemed applicable to members of the
Auxiliary or to temporary members of the Reserve.
Sec. [894.] 4104. Availability of facilities and appropriations
The services and facilities of and appropriations for the
Coast Guard shall be available to effectuate the purposes of
the Reserve and the Auxiliary.
Subtitle IV--Coast Guard Authorizations and Reports to Congress
Chap. Sec.
Authorizations................................................4901
Reports.......................................................5101
CHAPTER 49--AUTHORIZATIONS
Sec.
4901. Requirement for prior authorization of appropriations.
4902. Authorization of appropriations.
4903. Authorization of personnel end strengths.
4904. Authorized levels of military strength and training.
Sec. [2701.] 4901. Requirement for prior authorization of
appropriations
Amounts may be appropriated to or for the use of the Coast
Guard for the following matters only if the amounts have been
authorized by law after December 31, 1976:
(1) For the operation and maintenance of the Coast
Guard, not otherwise provided for.
(2) For the acquisition, construction, renovation,
and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment
related thereto, and for maintenance, rehabilitation,
lease, and operation of facilities and equipment.
(3) For the Coast Guard Reserve program, including
operations and maintenance of the program, personnel
and training costs, equipment, and services.
(4) For the environmental compliance and restoration
functions of the Coast Guard under [chapter 19] section
318 of this title.
(5) For research, development, test, and evaluation
of technologies, materials, and human factors directly
related to improving the performance of the Coast
Guard.
(6) For alteration or removal of bridges over
navigable waters of the United States constituting
obstructions to navigation, and for personnel and
administrative costs associated with the Alteration of
Bridges Program.
Sec. [2702.] 4902. Authorization of appropriations
Funds are authorized to be appropriated for each of fiscal
years 2016 and 2017 for necessary expenses of the Coast Guard
as follows:
(1) For the operation and maintenance of the Coast
Guard, not otherwise provided for--
(A) $6,981,036,000 for fiscal year 2016; and
(B) $6,986,815,000 for fiscal year 2017.
(2) For the acquisition, construction, renovation,
and improvement of aids to navigation, shore
facilities, vessels, and aircraft, including equipment
related thereto, and for maintenance, rehabilitation,
lease, and operation of facilities and equipment--
(A) $1,945,000,000 for fiscal year 2016; and
(B) $1,945,000,000 for fiscal year 2017.
(3) For the Coast Guard Reserve program, including
operations and maintenance of the program, personnel
and training costs, equipment, and services--
(A) $140,016,000 for fiscal year 2016; and
(B) $134,237,000 for fiscal year 2017.
(4) For the environmental compliance and restoration
functions of the Coast Guard under [chapter 19] section
318 of this title--
(A) $16,701,000 for fiscal year 2016; and
(B) $16,701,000 for fiscal year 2017.
(5) To the Commandant of the Coast Guard for
research, development, test, and evaluation of
technologies, materials, and human factors directly
related to improving the performance of the Coast
Guard's mission with respect to search and rescue, aids
to navigation, marine safety, marine environmental
protection, enforcement of laws and treaties, ice
operations, oceanographic research, and defense
readiness, and for maintenance, rehabilitation, lease,
and operation of facilities and equipment--
(A) $19,890,000 for fiscal year 2016; and
(B) $19,890,000 for fiscal year 2017.
Sec. [2703.] 4903. Authorization of personnel end strengths
(a) For each fiscal year, Congress shall authorize the
strength for active duty personnel of the Coast Guard as of the
end of that fiscal year. Amounts may be appropriated for a
fiscal year to or for the use of active duty personnel of the
Coast Guard only if the end strength for active duty personnel
for that fiscal year has been authorized by law. If at the end
of any fiscal year there is in effect a declaration of war or
national emergency, the President may defer the effectiveness
of any end-strength limitation with respect to that fiscal year
prescribed by law for any military or civilian component of the
Coast Guard, for a period not to exceed 6 months after the end
of the war or termination of the national emergency.
(b)(1) Congress shall authorize the average military training
student loads for the Coast Guard for each fiscal year. That
authorization is required for student loads for the following
individual training categories:
(A) Recruit and specialized training.
(B) Flight training.
(C) Professional training in military and
civilian institutions.
(D) Officer acquisition training.
(2) Amounts may be appropriated for a fiscal year for
use in training military personnel of the Coast Guard
in the categories referred to in paragraph (1) only if
the average student loads for the Coast Guard for that
fiscal year have been authorized by law.
Sec. [2704.] 4904. Authorized levels of military strength and training
(a) Active Duty Strength.--The Coast Guard is authorized an
end-of-year strength for active duty personnel of 43,000 for
each of fiscal years 2016 and 2017.
(b) Military Training Student Loads.--The Coast Guard is
authorized average military training student loads for each of
fiscal years 2016 and 2017 as follows:
(1) For recruit and special training, 2,500 student
years.
(2) For flight training, 165 student years.
(3) For professional training in military and
civilian institutions, 350 student years.
(4) For officer acquisition, 1,200 student years.
CHAPTER 51--REPORTS
Sec.
5101. Transmission of annual Coast Guard authorization request.
5102. Capital investment plan.
5103. Major acquisitions.
5104. Manpower requirements plan.
5105. Inventory of real property.
Sec. [2901.] 5101. Transmission of annual Coast Guard authorization
request
(a) In General.--Not later than 30 days after the date on
which the President submits to Congress a budget for a fiscal
year pursuant to section 1105 of title 31, the Secretary shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a Coast Guard
authorization request with respect to such fiscal year.
(b) Coast Guard Authorization Request Defined.--In this
section, the term ``Coast Guard authorization request'' means a
proposal for legislation that, with respect to the Coast Guard
for the relevant fiscal year--
(1) recommends end strengths for personnel for that
fiscal year, as described in section 2703;
(2) recommends authorizations of appropriations for
that fiscal year, including with respect to matters
described in section 2701; and
(3) addresses any other matter that the Secretary
determines is appropriate for inclusion in a Coast
Guard authorization bill.
Sec. [2902.] 5102. Capital investment plan
(a) In General.--On the date on which the President submits
to Congress a budget pursuant to section 1105 of title 31, the
Commandant of the Coast Guard shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate--
(1) a capital investment plan for the Coast Guard
that identifies for each capital asset for which
appropriations are proposed in that budget--
(A) the proposed appropriations included in
the budget;
(B) the total estimated cost of completion
based on the proposed appropriations included
in the budget;
(C) projected funding levels for each fiscal
year for the next 5 fiscal years or until
project completion, whichever is earlier;
(D) an estimated completion date based on the
proposed appropriations included in the budget;
and
(E) an acquisition program baseline, as
applicable; and
(2) a list of each unfunded priority for the Coast
Guard.
(b) New Capital Assets.--In the fiscal year following each
fiscal year for which appropriations are enacted for a new
capital asset, the report submitted under subsection (a) shall
include--
(1) an estimated life-cycle cost estimate for the new
capital asset;
(2) an assessment of the impact the new capital asset
will have on--
(A) delivery dates for each capital asset;
(B) estimated completion dates for each
capital asset;
(C) the total estimated cost to complete each
capital asset; and
(D) other planned construction or improvement
projects; and
(3) recommended funding levels for each capital asset
necessary to meet the estimated completion dates and
total estimated costs included in the such asset's
approved acquisition program baseline.
(c) Definitions.--In this section--
(1) the term ``unfunded priority'' means a program or
mission requirement that--
(A) has not been selected for funding in the
applicable proposed budget;
(B) is necessary to fulfill a requirement
associated with an operational need; and
(C) the Commandant would have recommended for
inclusion in the applicable proposed budget had
additional resources been available or had the
requirement emerged before the budget was
submitted; and
(2) the term ``new capital asset'' means--
(A) an acquisition program that does not have
an approved acquisition program baseline; or
(B) the acquisition of a capital asset in
excess of the number included in the approved
acquisition program baseline.
Sec. [2903.] 5103. Major acquisitions
(a) In General.--In conjunction with the transmittal by the
President to Congress of the budget of the United States for
fiscal year 2014 and biennially thereafter, the Secretary shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the status of all major acquisition
programs.
(b) Information To Be Included.--Each report under subsection
(a) shall include for each major acquisition program--
(1) a statement of the Coast Guard's mission needs
and performance goals relating to such program,
including a justification for any change to those needs
and goals subsequent to a report previously submitted
under this section;
(2) a justification explaining how the projected
number and capabilities of assets acquired under such
program meet applicable mission needs and performance
goals;
(3) an identification of any and all mission hour
gaps, accompanied by an explanation of how and when the
Coast Guard will close those gaps;
(4) an identification of any changes with respect to
such program, including--
(A) any changes to the timeline for the
acquisition of each new asset and the phaseout
of legacy assets; and
(B) any changes to--
(i) the costs of new assets or legacy
assets for that fiscal year or future
fiscal years; or
(ii) the total acquisition cost;
(5) a justification explaining how any change to such
program fulfills the mission needs and performance
goals of the Coast Guard;
(6) a description of how the Coast Guard is planning
for the integration of each new asset acquired under
such program into the Coast Guard, including needs
related to shore-based infrastructure and human
resources;
(7) an identification of how funds in the applicable
fiscal year's budget request will be allocated,
including information on the purchase of specific
assets;
(8) a projection of the remaining operational
lifespan and life-cycle cost of each legacy asset that
also identifies any anticipated resource gaps;
(9) a detailed explanation of how the costs of legacy
assets are being accounted for within such program; and
(10) an annual performance comparison of new assets
to legacy assets.
(c) Adequacy of Acquisition Workforce.--Each report under
subsection (a) shall--
(1) include information on the scope of the
acquisition activities to be performed in the next
fiscal year and on the adequacy of the current
acquisition workforce to meet that anticipated
workload;
(2) specify the number of officers, members, and
employees of the Coast Guard currently and planned to
be assigned to each position designated under section
562(c); and
(3) identify positions that are or will be
understaffed and actions that will be taken to correct
such understaffing.
(d) Cutters Not Maintained in Class.--Each report under
subsection (a) shall identify which, if any, Coast Guard
cutters that have been issued a certificate of classification
by the American Bureau of Shipping have not been maintained in
class, with an explanation detailing the reasons why the
cutters have not been maintained in class.
(e) Long-term Major Acquisitions Plan.--Each report under
subsection (a) shall include a plan that describes for the
upcoming fiscal year, and for each of the 20 fiscal years
thereafter--
(1) the numbers and types of cutters and aircraft to
be decommissioned;
(2) the numbers and types of cutters and aircraft to
be acquired to--
(A) replace the cutters and aircraft
identified under paragraph (1); or
(B) address an identified capability gap; and
(3) the estimated level of funding in each fiscal
year required to--
(A) acquire the cutters and aircraft
identified under paragraph (2);
(B) acquire related command, control,
communications, computer, intelligence,
surveillance, and reconnaissance systems; and
(C) acquire, construct, or renovate shoreside
infrastructure.
(f) Quarterly Updates on Risks of Programs.--
(1) In general.--Not later than 15 days after the end
of each fiscal year quarter, the Commandant of the
Coast Guard shall submit to the committees of Congress
specified in subsection (a) an update setting forth a
current assessment of the risks associated with all
current major acquisition programs.
(2) Elements.--Each update under this subsection
shall set forth, for each current major acquisition
program, the following:
(A) The top five current risks to such
program.
(B) Any failure of such program to
demonstrate a key performance parameter or
threshold during operational test and
evaluation conducted during the fiscal year
quarter preceding such update.
(C) Whether there has been any decision
during such fiscal year quarter to order full-
rate production before all key performance
parameters or thresholds are met.
(D) Whether there has been any breach of
major acquisition program cost (as defined by
the Major Systems Acquisition Manual) during
such fiscal year quarter.
(E) Whether there has been any breach of
major acquisition program schedule (as so
defined) during such fiscal year quarter.
(g) Major Acquisition Program Defined.--In this section, the
term ``major acquisition program'' means an ongoing acquisition
undertaken by the Coast Guard with a life-cycle cost estimate
greater than or equal to $300,000,000.
Sec. [2904.] 5104. Manpower requirements plan
(a) In General.--On the date on which the President submits
to the Congress a budget for fiscal year 2017 under section
1105 of title 31, on the date on which the President submits to
the Congress a budget for fiscal year 2019 under such section,
and every 4 years thereafter, the Commandant shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a manpower requirements plan.
(b) Scope.--A manpower requirements plan submitted under
subsection (a) shall include for each mission of the Coast
Guard--
(1) an assessment of all projected mission
requirements for the upcoming fiscal year and for each
of the 3 fiscal years thereafter;
(2) the number of active duty, reserve, and civilian
personnel assigned or available to fulfill such mission
requirements--
(A) currently; and
(B) as projected for the upcoming fiscal year
and each of the 3 fiscal years thereafter;
(3) the number of active duty, reserve, and civilian
personnel required to fulfill such mission
requirements--
(A) currently; and
(B) as projected for the upcoming fiscal year
and each of the 3 fiscal years thereafter;
(4) an identification of any capability gaps between
mission requirements and mission performance caused by
deficiencies in the numbers of personnel available--
(A) currently; and
(B) as projected for the upcoming fiscal year
and each of the 3 fiscal years thereafter; and
(5) an identification of the actions the Commandant
will take to address capability gaps identified under
paragraph (4).
(c) Consideration.--In composing a manpower requirements plan
for submission under subsection (a), the Commandant shall
consider--
(1) the marine safety strategy required under section
2116 of title 46;
(2) information on the adequacy of the acquisition
workforce included in the most recent report under
section 2903 of this title; and
(3) any other Federal strategic planning effort the
Commandant considers appropriate.
Sec. [679.] 5105. Inventory of real property
(a) In General.--Not later than September 30, 2015, the
Commandant shall establish an inventory of all real property,
including submerged lands, under the control of the Coast
Guard, which shall include--
(1) the size, the location, and any other appropriate
description of each unit of such property;
(2) an assessment of the physical condition of each
unit of such property, excluding lands;
(3) a determination of whether each unit of such
property should be--
(A) retained to fulfill a current or
projected Coast Guard mission requirement; or
(B) subject to divestiture; and
(4) other information the Commandant considers
appropriate.
(b) Inventory Maintenance.--The Commandant shall--
(1) maintain the inventory required under subsection
(a) on an ongoing basis; and
(2) update information on each unit of real property
included in such inventory not later than 30 days after
any change relating to the control of such property.
(c) Recommendations to Congress.--Not later than March 30,
2016, and every 5 years thereafter, the Commandant shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report that
includes--
(1) a list of all real property under the control of
the Coast Guard and the location of such property by
property type;
(2) recommendations for divestiture with respect to
any units of such property; and
(3) recommendations for consolidating any units of
such property, including--
(A) an estimate of the costs or savings
associated with each recommended consolidation;
and
(B) a discussion of the impact that such
consolidation would have on Coast Guard mission
effectiveness.
----------
ACT OF APRIL 28, 1908
CHAP. 151.--An Act To provide for safety of life on navigable waters
during regattas or marine parades.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, [That the
Secretary of Commerce and Labor is hereby authorized and
empowered in his discretion to issue from time to time
regulations, not contrary to law, to promote the safety of life
on navigable waters during regattas or marine parades.
[Sec. 2. That to enforce such regulations the Secretary of
Commerce and Labor may detail any public vessel in the service
of that Department and make use of any private vessel tendered
gratuitously for the purpose, or upon the request of the
Secretary of Commerce and Labor the head of any other
Department may enforce the regulations issued under this Act by
means of any public vessel of such Department and of any
private vessel tendered gratuitously for the purpose.
[Sec. 3. That the authority and power bestowed upon the
Secretary of Commerce and Labor by sections one and two may be
transferred for any special occasion to the head of another
Department by the President whenever in his judgment such
transfer is desirable.
[Sec. 4. That for any violation of regulations issued
pursuant to this Act the following penalties shall be incurred:
[(a) A licensed officer shall be liable to suspension or
revocation of license in the manner now prescribed by law for
incompetency or misconduct.
[(b) Any person in charge of the navigation of a vessel
other than a licensed officer shall be liable to a penalty of
$5,000.
[(c) The owner of a vessel (including any corporate officer
of a corporation owning the vessel) actually on board shall be
liable to a penalty of $5,000, unless the violation of
regulations shall have occurred without his knowledge.
[(d) Any other person shall be liable to a penalty of
$2,500.
[The Secretary of Commerce and Labor is hereby authorized
and empowered to mitigate or remit any penalty herein provided
for in the manner prescribed by law for the mitigation or
remission of penalties for violation of the navigation laws.
[Sec. 5. That the Act approved May nineteenth, eighteen
hundred and ninety-six, entitled ``An Act to provide for the
safety of passengers on excursion steamers,'' is hereby
repealed.
[Sec. 6. That this Act shall take effect on April tenth,
nineteen hundred and eight.]
----------
TITLE II OF THE ACT OF JUNE 15, 1917
AN ACT To punish acts of interference with the foreign relations, the
neutrality, and the foreign commerce of the United States, to punish
espionage, and better to enforce the criminal laws of the United
States, and for other purposes.
TITLE II.
VESSELS IN PORTS OF THE UNITED STATES.
[Section 1. Whenever the President by proclamation or
Executive order declares a national emergency to exist by
reason of actual or threatened war, insurrection, or invasion,
or disturbance or threatened disturbance of the international
relations of the United States, or whenever the Attorney
General determines that an actual or anticipated mass migration
of aliens en route to, or arriving off the coast of, the United
States presents urgent circumstances requiring an immediate
Federal response, the Secretary of the Treasury may make,
subject to the approval of the President, rules and regulations
governing the anchorage and movement of any vessel, foreign or
domestic, in the territorial waters of the United States, may
inspect such vessel at any time, place guards thereon, and, if
necessary in his opinion in order to secure such vessels from
damage or injury, or to prevent damage or injury to any harbor
or waters of the United States, or to secure the observance of
the rights and obligations of the United States, may take, by
and with the consent of the President, for such purposes, full
possession and control of such vessel and remove therefrom the
officers and crew thereof and all other persons not specially
authorized by him to go or remain on board thereof.
[Whenever the President finds that the security of the United
States dent. is endangered by reason of actual or threatened
war, or invasion, or insurrection, or subversive activity, or
of disturbances or threatened disturbances of the international
relations of the United States, the President is authorized to
institute such measures and issue such rules and regulations--
[(a) to govern the anchorage and movement of any
foreign-flag vessels in the territorial waters of the
United States, to inspect such vessels at any time, to
place guards thereon, and, if necessary in his opinion
in order to secure such vessels from damage or injury,
or to prevent damage or injury to any harbor or waters
of the United States, or to secure the observance of
rights and obligations of the United States, may take
for such purposes full possession and control of such
vessels and remove therefrom the officers and crew
thereof, and all other persons not especially
authorized by him to go or remain on board thereof;
[(b) to safeguard against destruction, loss, or
injury from sabotage or other subversive acts,
accidents, or other causes of similar nature, vessels,
harbors, ports, and waterfront facilities in the United
States and all territory and water, continental or
insular, subject to the jurisdiction of the United
States.
The President may delegate the authority to issue such rules
and regulations to the Secretary of the department in which the
Coast Guard is operating. Any appropriation available to any of
the Executive Departments shall be available to carry out the
provisions of this title.
[Sec. 2. (a) In General.--If any owner, agent, master,
officer, or person in charge, or any member of the crew of any
such vessel fails to comply with any regulation or rule issued
or order given under the provisions of this title, or obstructs
or interferes with the exercise of any power conferred by this
title, the vessel, together with her tackle, apparel,
furniture, and equipment, shall be subject to seizure and
forfeiture to the United States in the same manner as
merchandise is forfeited for violation of the customs revenue
laws; and the person guilty of such failure, obstruction, or
interference shall be punished by imprisonment for not more
than ten years and may, in the discretion of the court, be
fined not more than $10,000.
[(b) Application to Others.--If any other person knowingly
fails to comply with any regulation or rule issued or order
given under the provisions of this title, or knowingly
obstructs or interferes with the exercise of any power
conferred by this title, he shall be punished by imprisonment
for not more than ten years and may, at the discretion of the
court, be fined not more than $10,000.
[(c) Civil Penalty.--A person violating this title, or a
regulation prescribed under this title, shall be liable to the
United States Government for a civil penalty of not more than
$25,000 for each violation. Each day of a continuing violation
shall constitute a separate violation.
[(d) In Rem Liability.--Any vessel that is used in violation
of this title, or of any regulation issued under this title,
shall be liable in rem for any civil penalty assessed pursuant
to subsection (c) and may be proceeded against in the United
States district court for any district in which such vessel may
be found.
[(e) Withholding of Clearance.--
[(1) In general.--If any owner, agent, master,
officer, or person in charge of a vessel is liable for
a penalty or fine under subsection (c), or if
reasonable cause exists to believe that the owner,
agent, master, officer, or person in charge may be
subject to a penalty or fine under this section, the
Secretary may, with respect to such vessel, refuse or
revoke any clearance required by section 4197 of the
Revised Statutes of the United States (46 U.S.C. App.
91).
[(2) Clearance upon filing of bond or other surety.--
The Secretary may require the filing of a bond or other
surety as a condition of granting clearance refused or
revoked under this subsection.
[Sec. 4. The President may employ such departments, agencies,
officers, or instrumentalities of the United States as he may
deem necessary to carry out the purpose of this title.]
----------
TITLE 46, UNITED STATES CODE
* * * * * * *
SUBTITLE II--VESSELS AND SEAMEN
* * * * * * *
PART B--INSPECTION AND REGULATION OF VESSELS
* * * * * * *
CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES
* * * * * * *
Sec. 3719. Reduction of oil spills from single hull non-self-propelled
tank vessels
The Secretary shall, in consultation with the National Towing
Safety Advisory Committee and taking into consideration the
characteristics, methods of operation, and the size and nature
of service of single hull non-self-propelled tank vessels and
towing vessels, prescribe regulations requiring a single hull
non-self-propelled tank vessel that operates in the open ocean
or coastal waters, or the vessel towing it, to have at least
one of the following:
(1) A crew member and an operable anchor on board the
tank vessel that together are capable of arresting the
tank vessel without additional assistance under
reasonably foreseeable sea conditions.
(2) An emergency system on the tank vessel or towing
vessel that without additional assistance under
reasonably foreseeable sea conditions will allow the
tank vessel to be retrieved by the towing vessel if the
tow line ruptures.
(3) Any other measure or combination of measures that
the Secretary determines will provide protection
against grounding of the tank vessel comparable to that
provided by the measures described in paragraph (1) or
(2).
* * * * * * *
CHAPTER 41--UNINSPECTED VESSELS GENERALLY
* * * * * * *
Sec. 4102. Safety equipment
(a) Each uninspected vessel propelled by machinery shall be
provided with the number, type, and size of fire extinguishers,
capable of promptly and effectively extinguishing burning
liquid fuel, that may be prescribed by regulation. The fire
extinguishers shall be kept in condition for immediate and
effective use and so placed as to be readily accessible.
(b) The Secretary shall prescribe regulations requiring the
installation, maintenance, and use of life preservers and other
lifesaving devices for individuals on board uninspected
vessels.
(c) Each uninspected vessel shall have the carburetors of
each engine of the vessel (except an outboard motor) using
gasoline as fuel, equipped with an efficient flame arrestor,
backfire trap, or other similar device prescribed by
regulation.
(d) Each uninspected vessel using a volatile liquid as fuel
shall be provided with the means prescribed by regulation for
properly and efficiently ventilating the bilges of the engine
and fuel tank compartments, so as to remove any explosive or
flammable gases.
(e) Each manned uninspected vessel owned in the United States
and operating beyond 3 nautical miles from the baselines from
which the territorial sea of the United States is measured or
beyond three nautical miles from the coastline of the Great
Lakes shall be equipped with the number and type of alerting
and locating equipment, including emergency position indicating
radio beacons, prescribed by the Secretary.
(f)(1) The Secretary, in consultation with the National
Towing Safety Advisory Committee and taking into consideration
the characteristics, methods of operation, and nature of
service of towing vessels, may require the installation,
maintenance, and use of a fire suppression system or other
measures to provide adequate assurance that fires on board
towing vessels can be suppressed under reasonably foreseeable
circumstances.
(2) The Secretary shall require under paragraph (1)
the use of a fire suppression system or other measures
to provide adequate assurance that a fire on board a
towing vessel that is towing a non-self-propelled tank
vessel can be suppressed under reasonably foreseeable
circumstances.
* * * * * * *
CHAPTER 43--RECREATIONAL VESSELS
* * * * * * *
Sec. 4302. Regulations
(a) The Secretary may prescribe regulations--
(1) establishing minimum safety standards for
recreational vessels and associated equipment, and
establishing procedures and tests required to measure
conformance with those standards, with each standard--
(A) meeting the need for recreational vessel
safety; and
(B) being stated, insofar as practicable, in
terms of performance;
(2) requiring the installation, carrying, or use of
associated equipment (including fuel systems,
ventilation systems, electrical systems, sound-
producing devices, firefighting equipment, lifesaving
devices, signaling devices, ground tackle, life- and
grab-rails, and navigational equipment) on recreational
vessels and classes of recreational vessels subject to
this chapter, and prohibiting the installation,
carrying, or use of associated equipment that does not
conform with safety standards established under this
section; and
(3) requiring or permitting the display of seals,
labels, plates, insignia, or other devices for
certifying or evidencing compliance with safety
regulations and standards of the United States
Government for recreational vessels and associated
equipment.
(b) Each regulation prescribed under this section shall
specify an effective date that is not earlier than 180 days
from the date the regulation was published, unless the
Secretary finds that there exists a recreational vessel safety
hazard so critical as to require an earlier effective date.
However, this period may not be more than 24 months for cases
involving, in the discretion of the Secretary, major product
design, retooling, or major changes in the manufacturing
process.
(c) In prescribing regulations under this section, the
Secretary shall, among other things--
(1) consider the need for and the extent to which the
regulations will contribute to recreational vessel
safety;
(2) consider relevant available recreational vessel
safety standards, statistics, and data, including
public and private research, development, testing, and
evaluation;
(3) not compel substantial alteration of a
recreational vessel or item of associated equipment
that is in existence, or the construction or
manufacture of which is begun before the effective date
of the regulation, but subject to that limitation may
require compliance or performance, to avoid a
substantial risk of personal injury to the public, that
the Secretary considers appropriate in relation to the
degree of hazard that the compliance will correct; and
(4) consult with the National Boating Safety Advisory
[Council established under section 13110 of this title]
Committee established under section 1305 of title 14
about the considerations referred to in clauses (1)-(3)
of this subsection.
(d) Section 8903 of this title does not apply to a vessel
being operated for bona fide dealer demonstrations provided
without fee to business invitees. However, if on the basis of
substantial evidence, the Secretary decides under this section
that requiring vessels so operated to be under the control of
licensed individuals is necessary for boating safety, then the
Secretary may prescribe regulations requiring the licensing of
individuals controlling these vessels in the same manner as
provided in chapter 89 of this title for individuals in control
of vessels carrying passengers for hire.
(e)(1) Under this section, a model year for recreational
vessels and associated equipment shall, except as provided in
paragraph (2)--
(A) begin on June 1 of a year and end on July
31 of the following year; and
(B) be designated by the year in which it
ends.
(2) Upon the request of a recreational vessel
manufacturer to which this chapter applies, the
Secretary may alter a model year for a model of
recreational vessel of the manufacturer and associated
equipment, by no more than 6 months from the model year
described in paragraph (1).
* * * * * * *
Sec. 4310. Repair and replacement of defects
(a) In this section, ``associated equipment'' includes only
items or classes of associated equipment that the Secretary
shall prescribe by regulation after deciding that the
application of the requirements of this section to those items
or classes of associated equipment is reasonable and in
furtherance of this chapter.
(b) If a recreational vessel or associated equipment has left
the place of manufacture and the recreational vessel
manufacturer discovers or acquires information that the
manufacturer decides, in the exercise of reasonable and prudent
judgment, indicates that a recreational vessel or associated
equipment subject to an applicable regulation prescribed under
section 4302 of this title either fails to comply with the
regulation, or contains a defect that creates a substantial
risk of personal injury to the public, the manufacturer shall
provide notification of the defect or failure of compliance as
provided by subsections (c) and (d) of this section within a
reasonable time after the manufacturer has discovered the
defect.
(c)(1) The notification required by subsection (b) of this
section shall be given to the following persons in the
following manner:
(A) by first class mail or by certified mail
to the first purchaser for other than resale,
except that the requirement for notification of
the first purchaser shall be satisfied if the
recreational vessel manufacturer exercises
reasonable diligence in establishing and
maintaining a list of those purchasers and
their current addresses, and sends the required
notice to each person on that list at the
address appearing on the list.
(B) by first class mail or by certified mail
to subsequent purchasers if known to the
manufacturer.
(C) by first class mail or by certified mail
or other more expeditious means to the dealers
and distributors of the recreational vessels or
associated equipment.
(2) The notification required by subsection (b) of
this section is required to be given only for a defect
or failure of compliance discovered by the recreational
vessel manufacturer within a reasonable time after the
manufacturer has discovered the defect or failure,
except that the manufacturer's duty of notification
under paragraph (1)(A) and (B) of this subsection
applies only to a defect or failure of compliance
discovered by the manufacturer within one of the
following appropriate periods:
(A) if a recreational vessel or associated
equipment required by regulation to have a date
of certification affixed, 10 years from the
date of certification.
(B) if a recreational vessel or associated
equipment not required by regulation to have a
date of certification affixed, 10 years from
the date of manufacture.
(d) The notification required by subsection (b) of this
section shall contain a clear description of the defect or
failure to comply, an evaluation of the hazard reasonably
related to the defect or failure, a statement of the measures
to correct the defect or failure, and an undertaking by the
recreational vessel manufacturer to take those measures only at
the manufacturer's cost and expense.
(e) Each recreational vessel manufacturer shall provide the
Secretary with a copy of all notices, bulletins, and other
communications to dealers and distributors of that
manufacturer, and to purchasers of recreational vessels or
associated equipment of that manufacturer, about a defect
related to safety in the recreational vessels or associated
equipment, and any failure to comply with the regulation or
order applicable to the recreational vessels or associated
equipment. The Secretary may publish or otherwise disclose to
the public information in the notices or other information the
Secretary has that the Secretary considers will assist in
carrying out this chapter. However, the Secretary may disclose
any information that contains or relates to a trade secret only
if the Secretary decides that the information is necessary to
carry out this chapter.
(f) If, through testing, inspection, investigation, or
examination of reports, the Secretary decides that a
recreational vessel or associated equipment to which this
chapter applies contains a defect related to safety or fails to
comply with an applicable regulation prescribed under this
chapter and notification under this chapter is appropriate, the
Secretary shall notify the recreational vessel manufacturer of
the defect or failure. The notice shall contain the findings of
the Secretary and shall include a synopsis of the information
on which they are based. The manufacturer may then provide the
notification required by this chapter to the persons designated
in this chapter or dispute the Secretary's decision. If
disputed, the Secretary shall provide the manufacturer with an
opportunity to present views and establish that there is no
such defect or failure. When the Secretary considers it to be
in the public interest, the Secretary may publish notice of the
proceeding in the Federal Register and provide interested
persons, including the National Boating Safety [Advisory
Council] Advisory Committee, with an opportunity to comment.
If, after presentation by the manufacturer, the Secretary
decides that the recreational vessel or associated equipment
contains a defect related to safety or fails to comply with an
applicable regulation, the Secretary may direct the
manufacturer to provide the notifications specified in this
chapter.
(g) The Secretary may prescribe regulations to carry out this
section, including the establishment of procedures that require
dealers and distributors to assist manufacturers in obtaining
information required by this section. A regulation prescribed
under this subsection does not relieve a manufacturer of any
obligation imposed by this section.
* * * * * * *
CHAPTER 45--UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS
Sec.
4501. Application.
* * * * * * *
[4508. Commercial Fishing Safety Advisory Committee.]
* * * * * * *
[Sec. 4508. Commercial Fishing Safety Advisory Committee
[(a) The Secretary shall establish a Commercial Fishing
Safety Advisory Committee. The Committee--
[(1) may advise, consult with, report to, and make
recommendations to the Secretary on matters relating to
the safe operation of vessels to which this chapter
applies, including navigation safety, safety equipment
and procedures, marine insurance, vessel design,
construction, maintenance and operation, and personnel
qualifications and training;
[(2) may review proposed regulations under this
chapter;
[(3) may make available to Congress any information,
advice, and recommendations that the Committee is
authorized to give to the Secretary; and
[(4) shall meet at the call of the Secretary, who
shall call such a meeting at least once during each
calendar year.
[(b)(1) The Committee shall consist of eighteen members with
particular expertise, knowledge, and experience regarding the
commercial fishing industry as follows:
[(A) ten members who shall represent the
commercial fishing industry and who--
[(i) reflect a regional and
representational balance; and
[(ii) have experience in the
operation of vessels to which this
chapter applies or as a crew member or
processing line worker on a fish
processing vessel;
[(B) three members who shall represent the
general public, including, whenever possible--
[(i) an independent expert or
consultant in maritime safety;
[(ii) a marine surveyor who provides
services to vessels to which this
chapter applies; and
[(iii) a person familiar with issues
affecting fishing communities and
families of fishermen;
[(C) one member each of whom shall
represent--
[(i) naval architects and marine
engineers;
[(ii) manufacturers of equipment for
vessels to which this chapter applies;
[(iii) education or training
professionals related to fishing
vessel, fish processing vessel, or fish
tender vessel safety or personnel
qualifications;
[(iv) underwriters that insure
vessels to which this chapter applies;
and
[(v) owners of vessels to which this
chapter applies.
[(2) At least once each year, the Secretary shall
publish a notice in the Federal Register and in
newspapers of general circulation in coastal areas
soliciting nominations for membership on the Committee,
and, after timely notice is published, appoint the
members of the Committee. An individual may be
appointed to a term as a member of the Committee more
than once. The Secretary may not seek or use
information concerning the political affiliation of
individuals in making appointments to the Committee.
[(3)(A) A member of the Committee shall serve a term
of three years.
[(B) If a vacancy occurs in the membership of
the Committee, the Secretary shall appoint a
member to fill the remainder of the vacated
term.
[(4) The Committee shall elect one of its members as
the Chairman and one of its members as the Vice
Chairman. The Vice Chairman shall act as Chairman in
the absence or incapacity of, or in the event of a
vacancy in the office of, the Chairman.
[(5) The Secretary shall, and any other interested
agency may, designate a representative to participate
as an observer with the Committee. These
representatives shall, as appropriate, report to and
advise the Committee on matters relating to vessels to
which this chapter applies which are under the
jurisdiction of their respective agencies. The
Secretary's designated representative shall act as
executive secretary for the Committee and perform the
duties set forth in section 10(c) of the Federal
Advisory Committee Act (5 App. U.S.C.).
[(c)(1) The Secretary shall, whenever practicable, consult
with the Committee before taking any significant action
relating to the safe operation of vessels to which this chapter
applies.
[(2) The Secretary shall consider the information,
advice, and recommendations of the Committee in
consulting with other agencies and the public or in
formulating policy regarding the safe operation of
vessels to which this chapter applies.
[(d)(1) A member of the Committee who is not an officer or
employee of the United States or a member of the Armed Forces,
when attending meetings of the Committee or when otherwise
engaged in the business of the Committee, is entitled to
receive--
[(A) compensation at a rate fixed by the
Secretary, not exceeding the daily equivalent
of the current rate of basic pay in effect for
GS-18 of the General Schedule under section
5332 of title 5 including travel time; and
[(B) travel or transportation expenses under
section 5703 of title 5.
[(2) Payments under this section do not render a
member of the Committee an officer or employee of the
United States or a member of the Armed Forces for any
purpose.
[(3) A member of the Committee who is an officer or
employee of the United States or a member of the Armed
Forces may not receive additional pay based on the
member's service to the Committee.
[(4) The provisions of this section relating to an
officer or employee of the United States or a member of
the Armed Forces do not apply to a member of a reserve
component of the Armed Forces unless that member is in
an active status.
[(e)(1) The Federal Advisory Committee Act (5 App. U.S.C.)
applies to the Committee, except that the Committee terminates
on September 30, 2020.
[(2) Two years prior to the termination date referred
to in paragraph (1) of this subsection, the Committee
shall submit to Congress its recommendation regarding
whether the Committee should be renewed and continued
beyond the termination date.]
* * * * * * *
PART E--MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS
* * * * * * *
CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY
Sec.
7101. Issuing and classifying licenses and certificates of registery.
* * * * * * *
[7115. Merchant Mariner Medical Advisory Committee.]
* * * * * * *
[Sec. 7115. Merchant Mariner Medical Advisory Committee
[(a) Establishment.--
[(1) In general.--There is established a Merchant
Mariner Medical Advisory Committee (in this section
referred to as the ``Committee'').
[(2) Functions.--The Committee shall advise the
Secretary on matters relating to--
[(A) medical certification determinations for
issuance of licences, certificates of registry,
and merchant mariners' documents;
[(B) medical standards and guidelines for the
physical qualifications of operators of
commercial vessels;
[(C) medical examiner education; and
[(D) medical research.
[(b) Membership.--
[(1) In general.--The Committee shall consist of 14
members, none of whom is a Federal employee, and shall
include--
[(A) ten who are health-care professionals
with particular expertise, knowledge, or
experience regarding the medical examinations
of merchant mariners or occupational medicine;
and
[(B) four who are professional mariners with
knowledge and experience in mariner
occupational requirements.
[(2) Status of members.--Members of the Committee
shall not be considered Federal employees or otherwise
in the service or the employment of the Federal
Government, except that members shall be considered
special Government employees, as defined in section
202(a) of title 18, United States Code, and shall be
subject to any administrative standards of conduct
applicable to the employees of the department in which
the Coast Guard is operating.
[(c) Appointments; Terms; Vacancies.--
[(1) Appointments.--The Secretary shall appoint the
members of the Committee, and each member shall serve
at the pleasure of the Secretary.
[(2) Terms.--Each member shall be appointed for a
term of five years, except that, of the members first
appointed, three members shall be appointed for a term
of two years.
[(3) Vacancies.--Any member appointed to fill the
vacancy prior to the expiration of the term for which
that member's predecessor was appointed shall be
appointed for the remainder of that term.
[(d) Chairman and Vice Chairman.--The Secretary shall
designate one member of the Committee as the Chairman and one
member as the Vice Chairman. The Vice Chairman shall act as
Chairman in the absence or incapacity of, or in the event of a
vacancy in the office of, the Chairman.
[(e) Compensation; Reimbursement.--Members of the Committee
shall serve without compensation, except that, while engaged in
the performance of duties away from their homes or regular
places of business of the member, the member of the Committee
may be allowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5.
[(f) Staff; Services.--The Secretary shall furnish to the
Committee the personnel and services as are considered
necessary for the conduct of its business.]
* * * * * * *
CHAPTER 75--GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
DOCUMENTATION
* * * * * * *
Sec. 7510. Examinations for merchant mariner credentials
(a) Disclosure Not Required.--Notwithstanding any other
provision of law, the Secretary is not required to disclose to
the public--
(1) a question from any examination for a merchant
mariner credential;
(2) the answer to such a question, including any
correct or incorrect answer that may be presented with
such question; and
(3) any quality or characteristic of such a question,
including--
(A) the manner in which such question has
been, is, or may be selected for an
examination;
(B) the frequency of such selection; and
(C) the frequency that an examinee correctly
or incorrectly answered such question.
(b) Exception for Certain Questions.--Notwithstanding
subsection (a), the Secretary may, for the purpose of
preparation by the general public for examinations required for
merchant mariner credentials, release an examination question
and answer that the Secretary has retired or is not presently
on or part of an examination, or that the Secretary determines
is appropriate for release.
(c) Exam Review.--
(1) In general.--Not later than 90 days after the
date of the enactment of the Coast Guard Authorization
Act of 2016, and once every two years thereafter, the
Commandant of the Coast Guard shall commission a
working group to review new questions for inclusion in
examinations required for merchant mariner credentials,
composed of--
(A) 1 subject matter expert from the Coast
Guard;
(B) representatives from training facilities
and the maritime industry, of whom--
(i) one-half shall be representatives
from approved training facilities; and
(ii) one-half shall be
representatives from the appropriate
maritime industry;
(C) at least 1 representative from the
National Merchant Marine Personnel Advisory
Committee;
(D) at least 2 representatives from the State
maritime academies, of whom one shall be a
representative from the deck training track and
one shall be a representative of the engineer
license track;
(E) representatives from other Coast Guard
Federal advisory committees, as appropriate,
for the industry segment associated with the
subject examinations;
(F) at least 1 subject matter expert from the
Maritime Administration; and
(G) at least 1 human performance technology
representative.
(2) Inclusion of persons knowledgeable about
examination type.--The working group shall include
representatives knowledgeable about the examination
type under review.
(3) Limitation.--The requirement to convene a working
group under paragraph (1) does not apply unless there
are new examination questions to review.
(4) Baseline review.--
(A) In general.--Within 1 year after the date
of the enactment of the Coast Guard
Authorization Act of 2016, the Secretary shall
convene the working group to complete a
baseline review of the Coast Guard's Merchant
Mariner Credentialing Examination, including
review of--
(i) the accuracy of examination
questions;
(ii) the accuracy and availability of
examination references;
(iii) the length of merchant mariner
examinations; and
(iv) the use of standard technologies
in administering, scoring, and
analyzing the examinations.
(B) Progress report.--The Coast Guard shall
provide a progress report to the appropriate
congressional committees on the review under
this paragraph.
(5) Full membership not required.--The Coast Guard
may convene the working group without all members
present if any non-Coast-Guard representative is
present.
(6) Nondisclosure agreement.--The Secretary shall
require all members of the working group to sign a
nondisclosure agreement with the Secretary.
(7) Treatment of members as federal employees.--A
member of the working group who is not a Federal
Government employee shall not be considered a Federal
employee in the service or the employment of the
Federal Government, except that such a member shall be
considered a special government employee, as defined in
section 202(a) of title 18 for purposes of sections
203, 205, 207, 208, and 209 of such title and shall be
subject to any administrative standards of conduct
applicable to an employee of the department in which
the Coast Guard is operating.
(8) Formal exam review.--The Secretary shall ensure
that the Coast Guard Performance Technology Center--
(A) prioritizes the review of examinations
required for merchant mariner credentials; and
(B) not later than 3 years after the date of
enactment of the Coast Guard Authorization Act
of 2016, completes a formal review, including
an appropriate analysis, of the topics and
testing methodology employed by the National
Maritime Center for merchant seamen licensing.
(9) FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to any working group
created under this section to review the Coast Guard's
merchant mariner credentialing examinations.
(d) Merchant Mariner Credential Defined.--In this section,
the term ``merchant mariner credential'' means a merchant
seaman license, certificate, or document that the Secretary is
authorized to issue pursuant to this title.
* * * * * * *
PART F--MANNING OF VESSELS
* * * * * * *
CHAPTER 81--GENERAL
Sec.
8101. Complement of inspected vessels.
* * * * * * *
[8108. Merchant Marine Personnel Advisory Committee.]
* * * * * * *
[Sec. 8108. Merchant Marine Personnel Advisory Committee
[(a) Establishment.--The Secretary shall establish a Merchant
Marine Personnel Advisory Committee (in this section referred
to as ``the Committee''). The Committee--
[(1) shall act solely in an advisory capacity to the
Secretary through the Commandant of the Coast Guard on
matters relating to personnel in the United States
merchant marine, including training, qualifications,
certification, documentation, and fitness standards,
and other matters as assigned by the Commandant;
[(2) shall review and comment on proposed Coast Guard
regulations and policies relating to personnel in the
United States merchant marine, including training,
qualifications, certification, documentation, and
fitness standards;
[(3) may be given special assignments by the
Secretary and may conduct studies, inquiries,
workshops, and fact finding in consultation with
individuals and groups in the private sector and with
State or local governments;
[(4) shall advise, consult with, and make
recommendations reflecting its independent judgment to
the Secretary;
[(5) shall meet not less than twice each year; and
[(6) may make available to Congress recommendations
that the Committee makes to the Secretary.
[(b) Membership.--
[(1) In general.--The Committee shall consist of not
more than 19 members who are appointed by and serve
terms of a duration determined by the Secretary. Before
filling a position on the Committee, the Secretary
shall publish a notice in the Federal Register
soliciting nominations for membership on the Committee.
[(2) Required members.--Subject to paragraph (3), the
Secretary shall appoint as members of the Committee--
[(A) 9 United States citizens with active
licenses or certificates issued under chapter
71 or merchant mariner documents issued under
chapter 73, including--
[(i) 3 deck officers who represent
the viewpoint of merchant marine deck
officers, of whom--
[(I) 2 shall be licensed for
oceans any gross tons;
[(II) 1 shall be licensed for
inland river route with a
limited or unlimited tonnage;
[(III) 2 shall have a
master's license or a master of
towing vessels license;
[(IV) 1 shall have
significant tanker experience;
and
[(V) to the extent
practicable--
[(aa) 1 shall
represent the viewpoint
of labor; and
[(bb) another shall
represent a management
perspective;
[(ii) 3 engineering officers who
represent the viewpoint of merchant
marine engineering officers, of whom--
[(I) 2 shall be licensed as
chief engineer any horsepower;
[(II) 1 shall be licensed as
either a limited chief engineer
or a designated duty engineer;
and
[(III) to the extent
practicable--
[(aa) 1 shall
represent a labor
viewpoint; and
[(bb) another shall
represent a management
perspective;
[(iii) 2 unlicensed seamen, of whom--
[(I) 1 shall represent the
viewpoint of able-bodied
seamen; and
[(II) another shall represent
the viewpoint of qualified
members of the engine
department; and
[(iv) 1 pilot who represents the
viewpoint of merchant marine pilots;
[(B) 6 marine educators, including--
[(i) 3 marine educators who represent
the viewpoint of maritime academies,
including--
[(I) 2 who represent the
viewpoint of State maritime
academies and are jointly
recommended by such State
maritime academies; and
[(II) 1 who represents either
the viewpoint of the State
maritime academies or the
United States Merchant Marine
Academy; and
[(ii) 3 marine educators who
represent the viewpoint of other
maritime training institutions, 1 of
whom shall represent the viewpoint of
the small vessel industry;
[(C) 2 individuals who represent the
viewpoint of shipping companies employed in
ship operation management; and
[(D) 2 members who are appointed from the
general public.
[(3) Consultation.--The Secretary shall consult with
the Secretary of Transportation in making an
appointment under paragraph (2)(B)(i)(II).
[(c) Chairman and Vice Chairman.--The Secretary shall
designate one member of the Committee as the Chairman and one
member of the Committee as the Vice Chairman. The Vice Chairman
shall act as Chairman in the absence or incapacity of the
Chairman, or in the event of a vacancy in the office of the
Chairman.
[(d) Subcommittees.--The Committee may establish and
disestablish subcommittees and working groups for any purpose
consistent with this section, subject to conditions imposed by
the Committee. Members of the Committee and additional persons
drawn from the general public may be assigned to such
subcommittees and working groups. Only Committee members may
chair subcommittee or working groups.
[(e) Termination.--The Committee shall terminate on September
30, 2020.]
* * * * * * *
PART I--STATE BOATING SAFETY PROGRAMS
* * * * * * *
CHAPTER 131--RECREATIONAL BOATING SAFETY
Sec.
13101. Definitions.
* * * * * * *
[13110. National Boating Safety Advisory Council.]
* * * * * * *
[Sec. 13110. National Boating Safety Advisory Council
[(a) The Secretary shall establish a National Boating Safety
Advisory Council. The Council shall consist of 21 members
appointed by the Secretary, whom the Secretary considers to
have a particular expertise, knowledge, and experience in
recreational boating safety.
[(b)(1) The membership of the Council shall consist of--
[(A) 7 representatives of State officials
responsible for State boating safety programs;
[(B) 7 representatives of recreational vessel
manufacturers and associated equipment
manufacturers; and
[(C) 7 representatives of national
recreational boating organizations and from the
general public, at least 5 of whom shall be
representatives of national recreational
boating organizations.
[(2) Additional individuals from the sources referred
to in paragraph (1) of this subsection may be appointed
to panels of the Council to assist the Council in
performing its duties.
[(3) At least once a year, the Secretary shall
publish a notice in the Federal Register soliciting
nominations for membership on the Council.
[(c) In addition to the consultation required by section 4302
of this title, the Secretary shall consult with the Council on
other major boating safety matters related to this chapter. The
Council may make available to Congress information, advice, and
recommendations that the Council is authorized to give to the
Secretary.
[(d) When serving away from home or regular place of
business, the member may be allowed travel expenses, including
per diem in lieu of subsistence as authorized by section 5703
of title 5 for individuals employed intermittently in the
Government service. A payment under this section does not make
a member of the Council an officer or employee of the United
States Government for any purpose.
[(e) The Council shall terminate on September 30, 2020.]
* * * * * * *
----------
SECTION 5 OF THE INLAND NAVIGATIONAL RULES ACT OF 1980
[Sec. 5. (a) Establishment of Council.--
[(1) In general.--The Secretary of the department in
which the Coast Guard is operating shall establish a
Navigation Safety Advisory Council (hereinafter
referred to as the ``Council''), consisting of not more
than 21 members. All members shall have expertise in
Inland and International vessel navigation Rules of the
Road, aids to maritime navigation, maritime law, vessel
safety, port safety, or commercial diving safety. Upon
appointment, all non-Federal members shall be
designated as representative members to represent the
viewpoints and interests of one of the following groups
or organizations:
[(A) Commercial vessel owners or operators.
[(B) Professional mariners.
[(C) Recreational boaters.
[(D) The recreational boating industry.
[(E) State agencies responsible for vessel or
port safety.
[(F) The Maritime Law Association.
[(2) Panels.--Additional persons may be appointed to
panels of the Council to assist the Council in
performance of its functions.
[(3) Nominations.--The Secretary, through the Coast
Guard Commandant, shall not less often than once a year
publish a notice in the Federal Register soliciting
nominations for membership on the Council.
[(b) Functions.--The Council shall advise, consult with, and
make recommendations to the Secretary, through the Coast Guard
Commandant, on matters relating to maritime collisions,
rammings, groundings, Inland Rules of the Road, International
Rules of the Road, navigation regulations and equipment,
routing measures, marine information, diving safety, and aids
to navigation systems. Any advice and recommendations made by
the Council to the Secretary shall reflect the independent
judgment of the Council on the matter concerned. The Council
shall meet at the call of the Coast Guard Commandant, but in
any event not less than twice during each calendar year. All
proceedings of the Council shall be public, and a record of the
proceedings shall be made available for public inspection.
[(c) The Secretary shall furnish to the Council an executive
secretary and such secretarial, clerical, and other services as
are deemed necessary for the conduct of its business. Members
of the Council, while away from their home or regular places of
business, may be allowed travel expenses, including per diem in
lieu of subsistence, as authorized by section 5703 of title 5.
Payments under this section shall not render members of the
Council officers or employees of the United States for any
purpose.
[(d) Unless extended by subsequent Act of Congress, the
Council shall terminate on September 30, 2020.]
----------
ACT OF OCTOBER 6, 1980
(Public Law 96-380)
AN ACT To establish a Towing Safety Advisory Committee in the
Department of Transportation.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled[, That (a)
There is established a Towing Safety Advisory Committee
(hereinafter referred to as the ``Committee''). The Committee
shall consist of eighteen members with particular expertise,
knowledge, and experience regarding shallow-draft inland and
coastal waterway navigation and towing safety as follows:
[(1) Seven members representing the barge and towing
industry, reflecting a regional geographic balance.
[(2) One member representing the offshore mineral and
oil supply vessel industry.
[(3) One member representing holders of active
licensed Masters or Pilots of towing vessels with
experience on the Western Rivers and the Gulf
Intracoastal Waterway.
[(4) One member representing the holders of active
licensed Masters of towing vessels in offshore service.
[(5) One member representing Masters who are active
ship-docking or harbor towing vessel.
[(6) One member representing licensed or unlicensed
towing vessel engineers with formal training and
experience.
[(7) Two members representing each of the following
groups:
[(A) Port districts, authorities, or terminal
operators.
[(B) Shippers (of whom at least one shall be
engaged in the shipment of oil or hazardous
materials by barge).
[(8) Two members representing the general public.
[(b) The Secretary of the department in which the Coast Guard
is operating (hereinafter referred to as the ``Secretary'')
shall appoint the members of the Committee. The Secretary shall
designate one of the members of the Committee as the Chairman
and one of the members as the Vice Chairman. The Vice Chairman
shall act as Chairman in the absence or incapacity of, or in
the event of a vacancy in the office of, the Chairman. The
Secretary may request the Secretary of the Army and the
Secretary of Commerce to each designate a representative to
participate as an observer on the Committee. The Secretary
shall, not less often than once a year, publish notice in the
Federal Register for solicitation of nominations for membership
on the Committee.
[(c) The Committee shall advise, consult with, and make
recommendations to the Secretary on matters relating to
shallow-draft inland and coastal waterway navigation and towing
safety. Any advice or recommendation made by the Committee to
the Secretary shall reflect the independent judgment of the
Committee on the matter concerned. The Secretary shall consult
with the Committee before taking any significant action
affecting shallow-draft inland and coastal waterway navigation
and towing safety. The Committee shall meet at the call of the
Secretary, but in any event not less than once during each
calendar year. All proceedings of the Committee shall be open
to the public, and a record of the proceedings shall be made
available for public inspection. The Committee is authorized to
make available to Congress any information, advice, and
recommendations which the Committee is authorized to give to
the Secretary.
[(d) Members of the Committee who are not officers or
employees of the United States shall serve without pay and
members of the Committee who are officers or employees of the
United States shall receive no additional pay on account of
their service on the Committee. While away from their homes or
regular places of business, members of the Committee may be
allowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5. The
Secretary shall furnish to the Committee an executive secretary
and such secretarial, clerical, and other services as are
considered necessary for the conduct of its business. There are
authorized to be appropriated such sums as may be necessary to
implement the provisions of this subsection.
[(e) Unless extended by subsequent Act of Congress, the
Committee shall terminate on September 30, 2020.]
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