CHAPTER 5—FUNCTIONS AND POWERS

SUBCHAPTER I—GENERAL POWERS

        

SUBCHAPTER II—LIFE SAVING AND LAW ENFORCEMENT AUTHORITIES

        

SUBCHAPTER III—AIDS TO NAVIGATION

        

SUBCHAPTER IV—MISCELLANEOUS

        

Editorial Notes

Prior Provisions

A prior analysis for chapter 5 "FUNCTIONS AND POWERS" consisted of items 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", and 104 "Protecting against unmanned aircraft", prior to repeal by Pub. L. 115–282, title I, §105(a), Dec. 4, 2018, 132 Stat. 4199.

Amendments

2022—Pub. L. 117–263, div. K, title CXII, §§11231(b), 11258(b)(2), 11272(b), Dec. 23, 2022, 136 Stat. 4032, 4057, 4066, added items 509, 510, and 564. Amendment by section 11258(b)(2) of Pub. L. 117–263 adding item 510 to the analysis for subchapter I of this chapter was executed by adding item 510 to the analysis for this chapter, to reflect the probable intent of Congress.

2021—Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8509(c), Jan. 1, 2021, 134 Stat. 4756, added items 548 to 550.

2018—Pub. L. 115–282, title I, §105(a), title III, §§305(b), 318(b), Dec. 4, 2018, 132 Stat. 4200, 4246, 4252, inserted chapter 5 designation and heading and added items 501 to 563.

¹ Editorially supplied. Section added by Pub. L. 117–263 at the end of subchapter III without corresponding amendment of chapter analysis.

SUBCHAPTER I—GENERAL POWERS

Editorial Notes

Amendments

2018—Pub. L. 115–282, title I, §105(c)(1), Dec. 4, 2018, 132 Stat. 4202, inserted subchapter I designation and heading.

§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, aircraft, and systems, 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;

(e) 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;

(f) 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;

(g) exercise any of the powers vested by this title in the Commandant in any case in which the Secretary deems it appropriate; and

(h) do any and all things necessary to carry out the purposes of this title.

(Aug. 4, 1949, ch. 393, 63 Stat. 503, §92; Oct. 31, 1951, ch. 654, §§1(32), 2(9), 3(3), 65 Stat. 702, 707, 708; Pub. L. 97–295, §2(4), Oct. 12, 1982, 96 Stat. 1301; Pub. L. 98–557, §15(a)(3)(D), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 107–217, §3(c)(1), Aug. 21, 2002, 116 Stat. 1298; Pub. L. 111–350, §5(c)(1), Jan. 4, 2011, 124 Stat. 3847; Pub. L. 115–232, div. C, title XXXV, §3533(a), Aug. 13, 2018, 132 Stat. 2321; renumbered §501 and amended Pub. L. 115–282, title I, §105(b), title III, §311(a), Dec. 4, 2018, 132 Stat. 4200, 4248.)

Historical and Revision Notes

This section grants broad general powers concerning policy matters to the Secretary. Many of the powers are contained in existing law but some are enlarged and some additional powers are added as explained following.

Subsection (a) is based on title 14, U.S.C., 1946 ed., §95 (Aug. 29, 1916, ch. 417, 39 Stat. 601). Said section has been divided. The provision authorizing the Secretary to man stations seems more appropriately given to the operational head of the Service, the Commandant, and for that reason is incorporated in section 93(c) of this title.

Subsection (b) is based on title 14, U.S.C., 1946 ed., §§28, 42 (Aug. 16, 1916, ch. 417, 39 Stat. 601; July 3, 1926, ch. 742, §11, 44 Stat. 817). These sections were rewritten in order to broaden existing authority in regard to the training of Coast Guard personnel at schools of the other armed forces, thus approaching a practice of war time, and making for economy in the training of Service personnel; such training would be on a basis mutually satisfactory to the Secretaries involved.

Subsection (c) is based on R.S. 4242 and on title 14, U.S.C., 1946 ed., §§29, 93, 94, 98a (R.S. 4245, 4249; May 4, 1882, ch. 117, §2, 22 Stat. 56; Aug. 29, 1916, ch. 417, 39 Stat. 601; June 6, 1940, ch. 257, §4, 54 Stat. 247; Aug. 6, 1947, ch. 502, 61 Stat. 786). This subsection broadens existing law in that it provides general legislative authority for the construction and disposal of shore establishments of all types including aviation stations.

Subsection (d) is based in part on title 14, U.S.C., 1946 ed., §§55, 57, 69, 109, and in part on title 31, U.S.C., 1946 ed., §§487, 720, (R.S. 2748, 3618, 3692; June 18, 1878, ch. 265, §3, 20 Stat. 163; Aug. 29, 1916, ch. 417, 39 Stat. 601). This subsection broadens existing law in that it provides general legislative authority for the design, construction, acquisition by other means, and disposal of vessels.

Subsection (e) is new. It is derived from title 14, U.S.C., 1946 ed., §31b (June 6, 1941, ch. 177, 55 Stat. 247 [which was originally repealed by act June 30, 1949, ch. 288, title VI, §602(a)(28), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583]) which provides for the exchange of vehicles, planes, and engines; similar authority in relation to vessels, is granted to the Secretary by this subsection and should prove advantageous to the Government.

Subsection (f) is based on title 14, U.S.C., 1946 ed., §96 and on title 33, U.S.C., 1946 ed., §§729, 730, 731 (Mar. 3, 1875, ch. 130, §1, 18 Stat. 372; Mar. 4, 1909, ch. 299, 35 Stat. 972; June 17, 1910, ch. 301, §9, 36 Stat. 538; Mar. 4, 1913, ch. 168, 37 Stat. 1018). This subsection broadens the power of the Secretary to receive as a gift or purchase sites for stations, to include the acquisition of land by any means provided it is for the purpose of executing duties and functions of the Coast Guard.

Subsection (g) is based in part on title 33, U.S.C., 1946 ed., §732 (Aug. 28, 1916, ch. 414, §2, 39 Stat. 538; July 11, 1941, ch. 290, §1, 55 Stat. 584) and grants authority to the Secretary to exchange interests in land as payment or part payment for other interests in land for the purpose of executing the duties and functions of the Coast Guard; this authority, on the basis of past experience, will prove advantageous to the Government.

Subsection (h) is new and merely insures that the Secretary may exercise any of the powers granted to the Commandant in this title.

Subsection (i) is based in part on title 14, U.S.C., 1946 ed., §§51, 131 (R.S. 2756, 2758) and insures that the Secretary may do anything necessary to carry out the purposes of this title.

Changes were made in phraseology. 81st Congress, House Report No. 557.

Editorial Notes

Prior Provisions

A prior section 501 was renumbered section 2745 of this title.

Amendments

2018—Pub. L. 115–282, §105(b), renumbered section 92 of this title as this section.

Subsec. (d). Pub. L. 115–282, §311(a), inserted "aircraft, and systems," after "vessels,".

Subsecs. (e) to (i). Pub. L. 115–232 redesignated subsecs. (f) to (i) as (e) to (h), respectively.

2011—Subsec. (d). Pub. L. 111–350 substituted "division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" for "title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)".

2002—Subsec. (d). Pub. L. 107–217 inserted "subtitle I of title 40 and title III of" before "the Federal Property and Administrative Services Act of 1949" and substituted "(41 U.S.C. 251 et seq.)" for "(40 U.S.C. 471 et seq.)".

1984—Subsec. (b). Pub. L. 98–557 substituted reference to members for reference to officers and enlisted men.

1982—Subsec. (d). Pub. L. 97–295 substituted "(40 U.S.C. 471 et seq.)" for ", as amended," after "Act of 1949".

1951—Subsec. (c). Act Oct. 31, 1951, §3(3), struck out provision relating to sale or other disposition of unsuitable or unserviceable shore establishments, and disposition of the net monies received therefrom.

Subsec. (d). Act Oct. 31, 1951, §2(9), inserted reference to applicable regulations of the Federal Property and Administrative Services Act of 1949, as amended, and struck out requirement that net monies received from the disposition of vessels be covered into the Treasury.

Subsec. (e). Act Oct. 31, 1951, §1(32), repealed subsec. (e) which empowered the Secretary to exchange vessels and parts thereof in part payment for new vessels.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

At-Sea Recovery Operations Pilot Program

Pub. L. 117–263, div. K, title CXV, §11504, Dec. 23, 2022, 136 Stat. 4131, provided that:

"(a) In General.—The Secretary shall conduct a pilot program to evaluate the potential use of remotely controlled or autonomous operation and monitoring of certain vessels for the purposes of—

"(1) better understanding the complexities of such at-sea operations and potential risks to navigation safety, vessel security, maritime workers, the public, and the environment;

"(2) gathering observational and performance data from monitoring the use of remotely-controlled or autonomous vessels; and

"(3) assessing and evaluating regulatory requirements necessary to guide the development of future occurrences of such operations and monitoring activities.

"(b) Duration and Effective Date.—The duration of the pilot program established under this section shall be not more than 5 years beginning on the date on which the pilot program is established, which shall be not later than 180 days after the date of enactment of this Act [Dec. 23, 2022].

"(c) Authorized Activities.—The activities authorized under this section include—

"(1) remote over-the-horizon monitoring operations related to the active at-sea recovery of spaceflight components on an unmanned vessel or platform;

"(2) procedures for the unaccompanied operation and monitoring of an unmanned spaceflight recovery vessel or platform; and

"(3) unmanned vessel transits and testing operations without a physical tow line related to space launch and recovery operations, except within 12 nautical miles of a port.

"(d) Interim Authority.—In recognition of potential risks to navigation safety, vessel security, maritime workers, the public, and the environment, and the unique circumstances requiring the use of remotely operated or autonomous vessels, the Secretary, in the pilot program established under subsection (a), may—

"(1) allow remotely controlled or autonomous vessel operations to proceed consistent to the extent practicable under the proposed title 33, United States Code [sic], and 46, United States Code, including navigation and manning laws and regulations;

"(2) modify or waive applicable regulations and guidance as the Secretary considers appropriate to—

"(A) allow remote and autonomous vessel at-sea operations and activities to occur while ensuring navigation safety; and

"(B) ensure the reliable, safe, and secure operation of remotely-controlled or autonomous vessels; and

"(3) require each remotely operated or autonomous vessel to be at all times under the supervision of 1 or more individuals—

"(A) holding a merchant mariner credential which is suitable to the satisfaction of the Coast Guard; and

"(B) who shall practice due regard for the safety of navigation of the autonomous vessel, to include collision avoidance.

"(e) Rule of Construction.—Nothing in this section shall be construed to authorize the Secretary to—

"(1) permit foreign vessels to participate in the pilot program established under subsection (a);

"(2) waive or modify applicable laws and regulations under the proposed title 33, United States Code [sic], and title 46, United States Code, except to the extent authorized under subsection (d)(2);

"(3) waive or modify applicable laws and regulations under titles 49 and 51 of the United States Code; or

"(4) waive or modify any regulations arising under international conventions.

"(f) Savings Provision.—Nothing in this section may be construed to authorize the employment in the coastwise trade of a vessel or platform that does not meet the requirements of sections 12112, 55102, 55103, and 55111 of title 46, United States Code.

"(g) Authority Unaffected.—Nothing in this section shall be construed to affect, impinge, or alter any authority of the Secretary of Transportation under titles 49 and 51, United States Code.

"(h) Briefings.—The Secretary or the designee of the Secretary shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure and the Committee on Science, Space, and Technology of the House of Representatives on the program established under subsection (a) on a quarterly basis.

"(i) Report.—Not later than 180 days after the expiration of the pilot program established under subsection (a), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure and the Committee on Science, Space, and Technology of the House of Representatives a final report regarding an assessment of the execution of the pilot program and implications for maintaining navigation safety, the safety of maritime workers, and the preservation of the environment.

"(j) GAO Report.—

"(1) In general.—Not later than 18 months after the date of enactment of this section [Dec. 23, 2022], the Comptroller General of the United States 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 state of autonomous and remote technologies in the operation of shipboard equipment and the safe and secure navigation of vessels in Federal waters of the United States.

"(2) Elements.—The report required under paragraph (1) shall include the following:

"(A) An assessment of commercially available autonomous and remote technologies in the operation of shipboard equipment and the safe and secure navigation of vessels during the 10 years immediately preceding the date of the report.

"(B) An analysis of the safety, physical security, cybersecurity, and collision avoidance risks and benefits associated with autonomous and remote technologies in the operation of shipboard equipment and the safe and secure navigation of vessels, including environmental considerations.

"(C) An assessment of the impact of such autonomous and remote technologies, and all associated technologies, on labor, including—

"(i) roles for credentialed and noncredentialed workers regarding such autonomous, remote, and associated technologies; and

"(ii) training and workforce development needs associated with such technologies.

"(D) An assessment and evaluation of regulatory requirements necessary to guide the development of future autonomous, remote, and associated technologies in the operation of shipboard equipment and safe and secure navigation of vessels.

"(E) An assessment of the extent to which such technologies are being used in other countries and how such countries have regulated such technologies.

"(F) Recommendations regarding authorization, infrastructure, and other requirements necessary for the implementation of such technologies in the United States.

"(3) Consultation.—The report required under paragraph (1) shall include, at a minimum, consultation with the maritime industry including—

"(A) vessel operators, including commercial carriers, entities engaged in exploring for, developing, or producing resources, including non-mineral energy resources in its offshore areas, and supporting entities in the maritime industry;

"(B) shipboard personnel impacted by any change to autonomous vessel operations, in order to assess the various benefits and risks associated with the implementation of autonomous, remote, and associated technologies in the operation of shipboard equipment and safe and secure navigation of vessels and the impact such technologies would have on maritime jobs and maritime manpower;

"(C) relevant federally funded research institutions, non-governmental organizations, and academia; and

"(D) the commercial space industry.

"(k) Merchant Mariner Credential Defined.—In this section, the term 'merchant mariner credential' means a merchant mariner license, certificate, or document that the Secretary is authorized to issue pursuant to title 46, United States Code."

[For definition of "Secretary" as used in section 11504 of Pub. L. 117–263, set out above, see section 11002 of Pub. L. 117–263, set out as a note under section 106 of this title.]

Conveyance of Coast Guard Vessels for Public Purposes

Pub. L. 111–281, title IX, §914, Oct. 15, 2010, 124 Stat. 3018, which provided for transfer of a Coast Guard vessel or aircraft to an eligible entity for public purposes when authorized by law or declared excess by the Commandant of the Coast Guard, was redesignated as section 510 of this title and transferred to appear after section 509 of this title by Pub. L. 117–263, div. K, title CXII, §11258(a), Dec. 23, 2022, 136 Stat. 4057.

Implementation of International Agreements

Pub. L. 109–241, title VIII, §801, July 11, 2006, 120 Stat. 562, provided that: "In consultation with appropriate Federal agencies, the Secretary of the department in which the Coast Guard is operating shall work with the responsible officials and agencies of other nations to accelerate efforts at the International Maritime Organization to enhance oversight and enforcement of security, environmental, and other agreements adopted within the International Maritime Organization by flag States on whom such agreements are binding, including implementation of—

"(1) a code outlining flag State responsibilities and obligations;

"(2) an audit regime for evaluating flag State performance;

"(3) measures to ensure that responsible organizations, acting on behalf of flag States, meet established performance standards; and

"(4) cooperative arrangements to improve enforcement on a bilateral, regional, or international basis."

Voluntary Measures for Reducing Pollution From Recreational Boats

Pub. L. 109–241, title VIII, §802, July 11, 2006, 120 Stat. 563, provided that: "In consultation with appropriate Federal, State, and local government agencies, the Secretary of the department in which the Coast Guard is operating shall undertake outreach programs for educating the owners and operators of boats using two-stroke engines about the pollution associated with such engines and support voluntary programs that reduce such pollution and encourage the early replacement of older two-stroke engines."

Great Lakes Lighthouses

Pub. L. 107–295, title III, §345, Nov. 25, 2002, 116 Stat. 2106, provided that:

"(a) Findings.—The Congress finds the following:

"(1) The Great Lakes are home to more than 400 lighthouses. One hundred and twenty of these maritime landmarks are in the State of Michigan.

"(2) Lighthouses are an important part of Great Lakes culture and stand as a testament to the importance of shipping in the region's political, economic, and social history.

"(3) Advances in navigation technology have made many Great Lakes lighthouses obsolete. In Michigan alone, approximately 70 lighthouses will be designated as excess property of the Federal Government and will be transferred to the General Services Administration for disposal.

"(4) Unfortunately, the Federal property disposal process is confusing, complicated, and not well-suited to disposal of historic lighthouses or to facilitate transfers to nonprofit organizations. This is especially troubling because, in many cases, local nonprofit historical organizations have dedicated tremendous resources to preserving and maintaining Great Lakes lighthouses.

"(5) If Great Lakes lighthouses disappear, the public will be unaware of an important chapter in Great Lakes history.

"(6) The National Trust for Historic Preservation has placed Michigan lighthouses on their list of Most Endangered Historic Places.

"(b) Assistance for Great Lakes Lighthouse Preservation Efforts.—The Secretary of the department in which the Coast Guard is operating, may—

"(1) continue to offer advice and technical assistance to organizations in the Great Lakes region that are dedicated to lighthouse stewardship; and

"(2) promptly release information regarding the timing of designations of Coast Guard lighthouses on the Great Lakes as excess to the needs of the Coast Guard, to enable those organizations to mobilize and be prepared to take appropriate action with respect to the disposal of those properties."

VHF Communications Services

Pub. L. 107–295, title IV, §406, Nov. 25, 2002, 116 Stat. 2116, which permitted the Secretary of the department in which the Coast Guard is operating to authorize placement of commercial VHF communications equipment on real property under the administrative control of the Coast Guard, was redesignated as section 720 of this title and transferred to appear after section 719 of this title by Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8501(a)(2), Jan. 1, 2021, 134 Stat. 4745.

"(b) Commercial VHF communication equipment placed on real property under the administrative control of the Coast Guard under this section shall not interfere in any manner with any current or future Coast Guard communication equipment.

"(c) Nothing in this section shall affect the rights or obligations of the United States under section 704(c) of the Telecommunications Act of 1996 [Pub. L. 104–104] (47 U.S.C. 332 note) with respect to the availability of property or under section 359(d) of the Communications Act of 1934 (47 U.S.C. 357(d)) with respect to charges for transmission of distress messages."

Purchase of American-Made Equipment and Products; Notice to Recipients of Assistance

Pub. L. 104–324, title XI, §1127, Oct. 19, 1996, 110 Stat. 3983, provided that:

"(a) Purchase of American-Made Equipment and Products.—It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Act [see Tables for classification] should be American-made.

"(b) Notice to Recipients of Assistance.—In providing financial assistance under this Act, the official responsible for providing the assistance, to the greatest extent practicable, shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress."

Coast Guard Vessel Design

Pub. L. 101–380, title IV, §4203, Aug. 18, 1990, 104 Stat. 532, provided that: "The Secretary shall ensure that vessels designed and constructed to replace Coast Guard buoy tenders are equipped with oil skimming systems that are readily available and operable, and that complement the primary mission of servicing aids to navigation."

Authorization of Junior Reserve Officers Training Program Pilot Program

Pub. L. 101–225, title II, §204, Dec. 12, 1989, 103 Stat. 1911, provided that:

"(a) In General.—The Secretary of the department in which the Coast Guard is operating (hereinafter in this section referred to as the 'Secretary') may carry out a pilot program to establish and maintain a junior reserve officers training program in cooperation with the Dade County Public School System of Dade County, Florida, as part of the Maritime and Science Technology Academy established by that school system (hereinafter in this section referred to as the 'Academy').

"(b) Program Requirements.—A pilot program carried out by the Secretary under this section—

"(1) shall be known as the 'Claude Pepper Junior Reserve Officers Training Program', and

"(2) shall provide to students at the Academy—

"(A) instruction in subject areas relating to operations of the Coast Guard; and

"(B) training in skills which are useful and appropriate for a career in the Coast Guard.

"(c) Provision of Additional Support.—To carry out a pilot program under this section, the Secretary may provide to the Academy—

"(1) assistance in course development, instruction, and other support activities;

"(2) commissioned, warrant, and petty officers of the Coast Guard to serve as administrators and instructors; and

"(3) necessary and appropriate course materials, equipment, and uniforms.

"(d) Employment of Retired Coast Guard Personnel.—

"(1) In general.—Subject to paragraph (2) of this subsection, the Secretary may authorize the Academy to employ as administrators and instructors for the pilot program retired Coast Guard and Coast Guard Reserve commissioned, warrant, and petty officers who request that employment and who are approved by the Secretary and the Academy.

"(2) Authorized pay.—(A) Retired members employed under paragraph (1) of this subsection are entitled to receive their retired or retainer pay and an additional amount of not more than the difference between—

"(i) the amount the individual would be paid as pay and allowance if they were considered to have been ordered to active duty during that period of employment; and

"(ii) the amount of retired pay the individual is entitled to receive during that period.

"(B) The Secretary shall pay to the Academy an amount equal to one half of the amount described in subparagraph (A) of this paragraph, from funds appropriated for that purpose.

"(C) Notwithstanding any other law, while employed under this subsection, an individual is not considered to be on active duty or inactive duty training."

Consideration of Maritime Administration Vessels

Pub. L. 101–225, title II, §213, Dec. 12, 1989, 103 Stat. 1914, provided that: "Before acquiring a vessel for use by the Coast Guard, the Secretary of Transportation or the Commandant of the Coast Guard, as appropriate, shall review the inventory of vessels acquired by the Secretary or the Secretary of Commerce as the result of a default under title XI of the Merchant Marine Act, 1936 ([former] 46 App. U.S.C. 1271–1279c) [see 46 U.S.C. 53701 et seq.], to determine whether any of those vessels are suitable for use by the Coast Guard."

Lifesaving Equipment on Passenger Ferries

Pub. L. 98–557, §10, Oct. 30, 1984, 98 Stat. 2863, provided that: "The Secretary of the department in which the Coast Guard is operating shall proceed vigorously with efforts to develop improved lifesaving equipment for use on passenger ferries."

Aircraft

Provisions specifying the maximum number of aircraft on hand at any one time, exclusive of planes and parts stored to meet future attrition, were contained in the following appropriation acts:

Pub. L. 105–66, title I, Oct. 27, 1997, 111 Stat. 1426.

Pub. L. 104–205, title I, Sept. 30, 1996, 110 Stat. 2953.

Pub. L. 104–50, title I, Nov. 15, 1995, 109 Stat. 438.

Pub. L. 103–331, title I, Sept. 30, 1994, 108 Stat. 2473.

Pub. L. 103–122, title I, Oct. 27, 1993, 107 Stat. 1201.

Pub. L. 102–388, title I, Oct. 6, 1992, 106 Stat. 1523.

Pub. L. 102–143, title I, Oct. 28, 1991, 105 Stat. 920.

Pub. L. 101–516, title I, Nov. 5, 1990, 104 Stat. 2158.

Pub. L. 101–164, title I, Nov. 21, 1989, 103 Stat. 1071.

Pub. L. 100–457, title I, Sept. 30, 1988, 102 Stat. 2126.

Pub. L. 100–202, §101(l) [title I], Dec. 22, 1987, 101 Stat. 1329–358, 1329-359.

Pub. L. 99–500, §101(l) [H.R. 5205, title I], Oct. 18, 1986, 100 Stat. 1783–308, and Pub. L. 99–591, §101(l), Oct. 30, 1986, 100 Stat. 3341–308.

Pub. L. 99–190, §101(e) [title I], Dec. 19, 1985, 99 Stat. 1267, 1269.

Pub. L. 98–473, title I, §101(i) [title I], Oct. 12, 1984, 98 Stat. 1944, 1945.

Pub. L. 98–78, title I, Aug. 15, 1983, 97 Stat. 454.

Pub. L. 97–369, title I, Dec. 18, 1982, 96 Stat. 1766.

Pub. L. 97–102, title I, Dec. 23, 1981, 95 Stat. 1443.

Pub. L. 96–400, title I, Oct. 9, 1980, 94 Stat. 1681.

Pub. L. 96–131, title I, Nov. 30, 1979, 93 Stat. 1023.

Pub. L. 95–335, title I, Aug. 4, 1978, 92 Stat. 435.

Pub. L. 95–85, title I, Aug. 2, 1977, 91 Stat. 402.

Pub. L. 94–387, title I, Aug. 14, 1976, 90 Stat. 1172.

Pub. L. 94–134, title I, Nov. 24, 1975, 89 Stat. 696.

Pub. L. 93–391, title I, Aug. 28, 1974, 88 Stat. 769.

Pub. L. 93–98, title I, Aug. 16, 1973, 87 Stat. 330.

Pub. L. 92–398, title I, Aug. 22, 1972, 86 Stat. 581.

Pub. L. 92–74, title I, Aug. 10, 1971, 85 Stat. 202.

Pub. L. 91–168, title I, Dec. 26, 1969, 83 Stat. 454.

Pub. L. 90–464, title I, Aug. 8, 1968, 82 Stat. 654.

Pub. L. 90–112, title II, Oct. 23, 1967, 81 Stat. 312.

Pub. L. 89–474, title I, June 29, 1966, 80 Stat. 223.

Pub. L. 89–57, title I, June 30, 1965, 79 Stat. 197.

Pub. L. 88–392, title I, Aug. 1, 1964, 78 Stat. 369.

Pub. L. 88–39, title I, June 13, 1963, 77 Stat. 59.

Pub. L. 87–575, title I, Aug. 6, 1962, 76 Stat. 311.

Pub. L. 87–159, title I, Aug. 21, 1961, 75 Stat. 395.

Pub. L. 86–561, title I, June 30, 1960, 74 Stat. 285.

Pub. L. 86–39, title I, June 11, 1959, 73 Stat. 67.

Pub. L. 85–354, title I, Mar. 28, 1958, 72 Stat. 62.

Pub. L. 85–37, title I, May 27, 1957, 71 Stat. 37.

Apr. 2, 1956, ch. 161, title I, 70 Stat. 93.

June 1, 1955, ch. 113, title I, 69 Stat. 74.

May 28, 1954, ch. 242, title I, 68 Stat. 146.

June 18, 1953, ch. 132, title I, 67 Stat. 69.

June 30, 1952, ch. 523, title I, 66 Stat. 291.

Aug. 11, 1951, ch. 301, title I, 65 Stat. 185.

Sept. 6, 1950, ch. 896, Ch. IV, title I, 64 Stat. 639.

June 30, 1949, ch. 286, title I, 63 Stat. 367.

June 19, 1948, ch. 558, title I, 62 Stat. 563.

July 1, 1947, ch. 186, title I, 61 Stat. 227.

July 12, 1946, ch. 569, §1, 60 Stat. 531.

§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.

(Aug. 4, 1949, ch. 393, 63 Stat. 544, §631; Pub. L. 94–546, §1(33), Oct. 18, 1976, 90 Stat. 2521; renumbered §502, Pub. L. 115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200.)

Historical and Revision Notes

This section authorizes the Secretary to delegate to the Commandant any of the authority granted to him in respect to the administration of the Coast Guard. Such power to delegate is granted by other statutes to the heads of many of the executive departments. 81st Congress, House Report No. 557.

Editorial Notes

Prior Provisions

A prior section 502 was renumbered section 2746 of this title.

Amendments

2018—Pub. L. 115–282 renumbered section 631 of this title as this section.

1976—Pub. L. 94–546 substituted "Secretary" for "Secretary of the Treasury" wherever appearing and substituted "Commandant" for "Commandant of the Coast Guard".

Statutory Notes and Related Subsidiaries

Administrative Advisory Committees; Solicitation of Nominations for Membership; Publication in Federal Register; Disclosures to Congress; Compensation and Travel Expenses

Pub. L. 97–322, title I, §118(e), Oct. 15, 1982, 96 Stat. 1587, provided that:

"(1) The Secretary of the department in which the Coast Guard is operating shall, not less often than once a year, publish notice in the Federal Register for solicitation of nominations for membership on any advisory committee established administratively for the purpose of giving advice and recommendations to such Secretary or the Commandant of the Coast Guard with respect to functions of the Coast Guard.

"(2) Any advisory committee described in paragraph (1) of this subsection is authorized to make available to Congress any information, advice, and recommendations which the committee is authorized to give to the Secretary of the department in which the Coast Guard is operating or the Commandant of the Coast Guard.

"(3) Members of any advisory committee described in paragraph (1) of this subsection who are not officers or employees of the United States shall serve without pay and members of any such committee who are officers or employees of the United States shall receive no additional pay on account of their service on such committee. While away from their homes or regular places of business, members of any such committee may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code."

§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.

(Aug. 4, 1949, ch. 393, 63 Stat. 545, §633; renumbered §503, Pub. L. 115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200.)

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., §§92, 185e (June 20, 1874, ch. 344, §8, 18 Stat. 127; May 26, 1906, ch. 2556, §1, 34 Stat. 200; May 24, 1939, ch. 146, §6, 53 Stat. 756).

This section enlarges said sections to prescribe what is generally understood in a military organization, that the promulgation of regulations is a function of the head of the Department.

Changes were made in phraseology. 81st Congress, House Report No. 557.

Editorial Notes

Prior Provisions

A prior section 503 was renumbered section 2747 of this title.

Amendments

2018—Pub. L. 115–282 renumbered section 633 of this title as this section.

§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 2904, 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 2946;

(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) an individual 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(b)(7) 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;

(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; and

(26) develop data workflows and processes for the leveraging of mission-relevant data by the Coast Guard to enhance operational effectiveness and efficiency.

(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) ¹ 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 305(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 mariners;

(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 522 of this title; or

(2) the exercise of authority under section 527 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 2946.

(Aug. 4, 1949, ch. 393, 63 Stat. 504, §93; Aug. 3, 1950, ch. 536, §2, 64 Stat. 406; Oct. 31, 1951, ch. 654, §§1(33), 2(10), 4(1), 65 Stat. 702, 707, 709; Pub. L. 94–546, §1(9), Oct. 18, 1976, 90 Stat. 2519; Pub. L. 97–136, §6(d), Dec. 29, 1981, 95 Stat. 1706; Pub. L. 97–276, §143, Oct. 2, 1982, 96 Stat. 1199; Pub. L. 97–295, §2(4), Oct. 12, 1982, 96 Stat. 1301; Pub. L. 97–322, title I, §115(c), Oct. 15, 1982, 96 Stat. 1586; Pub. L. 102–241, §7, Dec. 19, 1991, 105 Stat. 2212; Pub. L. 103–206, title II, §202, title III, §316, Dec. 20, 1993, 107 Stat. 2420, 2426; Pub. L. 104–324, title II, §207(a), Oct. 19, 1996, 110 Stat. 3908; Pub. L. 105–383, title II, §§202, 203, Nov. 13, 1998, 112 Stat. 3414, 3415; Pub. L. 107–217, §3(c)(2), Aug. 21, 2002, 116 Stat. 1298; Pub. L. 108–293, title II, §§201, 217, Aug. 9, 2004, 118 Stat. 1031, 1038; Pub. L. 109–241, title IX, §901(a), (c), July 11, 2006, 120 Stat. 564; Pub. L. 111–259, title IV, §442(1), Oct. 7, 2010, 124 Stat. 2733; Pub. L. 111–281, title V, §523, Oct. 15, 2010, 124 Stat. 2958; Pub. L. 111–350, §5(c)(2), Jan. 4, 2011, 124 Stat. 3847; Pub. L. 112–213, title II, §202, Dec. 20, 2012, 126 Stat. 1543; Pub. L. 113–281, title II, §§206(a), 207, 208(a), 209, 214(c), 222(1), Dec. 18, 2014, 128 Stat. 3025, 3026, 3034, 3038; Pub. L. 114–120, title II, §209(4), title VI, §610(b), Feb. 8, 2016, 130 Stat. 40, 85; Pub. L. 115–232, div. C, title XXXV, §3533(b), Aug. 13, 2018, 132 Stat. 2321; renumbered §504 and amended Pub. L. 115–282, title I, §§105(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4200, 4240; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(a)(3), Jan. 1, 2021, 134 Stat. 4747; Pub. L. 117–263, div. K, title CXII, §11229, Dec. 23, 2022, 136 Stat. 4029.)

Historical and Revision Notes

This section grants powers to the Commandant concerning, in general, operations within the Service and the internal functioning of the Service. Many of the powers are contained in existing law, but some are enlarged, and some additional powers are added as explained following.

Subsection (a) is derived from title 14, U.S.C., 1946 ed., §53, and title 34, U.S.C., 1946 ed., §471 (R.S. 1536). The authority to order vessels to cruise along the coasts should be in the operational head of the Service, and not in the President. This section is changed to cover adequately the necessary present day cruising and patrolling.

Subsection (b) is derived from R.S. 4242 and title 14, U.S.C., 1946 ed., §§29, 93, 94, 95, 97, 98a (R.S. 4245, 4249; May 4, 1882, ch. 117, §§2, 3, 22 Stat. 56; Aug. 29, 1916, ch. 417, 39 Stat. 601; Aug. 6, 1947, ch. 502, 61 Stat. 786; June 6, 1940, ch. 257, §4, 54 Stat. 247), and specifically grants to the Commandant authority in regard to the establishment, discontinuance, and change of Coast Guard shore establishments other than Coast Guard districts. This power must exist inherently in order for the Service to function efficiently.

Subsection (c) is derived from title 14, U.S.C., 1946 ed., §§54, 97, 112 (May 4, 1882, ch. 117, §3, 22 Stat. 56; May 30, 1908, ch. 231, 35 Stat. 553; Apr. 21, 1910, ch. 182, §2, 36 Stat. 326), and specifically grants to the Commandant authority in regard to the assignment of vessels, vehicles, aids to navigation, and other equipment. This power is inherent to the proper functioning of any Service.

Subsection (d) is based on title 14, U.S.C., 1946 ed., §91 (June 18, 1878, ch. 265, §7, 20 Stat. 164; June 10, 1921, ch. 18, §304, 42 Stat. 24; July 3, 1926, ch. 742, §9, 44 Stat. 817). Said section has been divided. The part dealing with investigation of plans and inventions is covered in this subsection in broader terms, and the other parts are covered in general terms in section 632 of this title.

Subsection (e) is based on title 14, U.S.C., 1946 ed., §111 (June 18, 1878, ch. 265, §9, 20 Stat. 164). This section has been rewritten to broaden the authority to include any investigation or study that may be of assistance to the Coast Guard, the limitation as to investigation of shipwrecks having been eliminated.

Subsection (f) is new and is intended to give legislative recognition to the importance of disseminating information by the Coast Guard for the promotion of safety at sea, life-saving techniques, and other Coast Guard activities.

Subsection (g) is new and provides for the training of Coast Guard personnel at other than schools or institutions of the other armed forces. Such training is essential and has been carried on under the authority of appropriation acts for many years.

Subsection (h) is based in part on title 14, U.S.C., 1946 ed., §§69, 108, 109, (R.S. 2748; June 20, 1874, ch. 344, §9, 18 Stat. 127; June 18, 1878, ch. 265, §3, 20 Stat. 163), and is intended to complement the authority granted to the Secretary in sec. 92(d) of this title granting similar authority to the Commandant as to smaller craft.

Subsection (i) is based in part on title 14, U.S.C., §§108, 109, and on title 33, U.S.C., 1946 ed., §752 (June 20, 1874, ch. 344, §9, 18 Stat. 127; June 18, 1878, ch. 265, §3, 20 Stat. 163; Mar. 4, 1913, ch. 168, 37 Stat. 10183, and grants power to the Commandant to acquire and dispose of various equipment and supplies. The authority with respect to the acceptance of such equipment as a gift is new.

Subsection (j) is new and grants power to the Commandant to operate and maintain shore establishments; previously such authority has been inferred from statutes providing for the establishment of shore stations; again such authority is inherent to the functioning of any Service, and this section will provide no greater authority than has been exercised in the past.

Subsection (k) is based on title 14, U.S.C., 1946 ed., §31b (June 6, 1941, ch. 177, 55 Stat. 247 [which was originally repealed by act June 30, 1949, ch. 288, title VI, §602(a)(28), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583]). The primary authority is granted to the Commandant as well as to the Secretary inasmuch as such exchange seems to be an operational matter and the items which may be exchanged have been enlarged by the addition of aids to navigation, appliances, equipment, and supplies.

Inasmuch as the act cited above applies to the Navy as well as the Coast Guard it is not scheduled for repeal but is being amended by section 13 of this act to eliminate reference to the Coast Guard.

Subsection (l) is new and is deemed desirable in order to give legislative authority for existing yards, and for the procurement of needed equipment and material in case such is not normally or economically obtainable from private contractors.

Subsection (m) is based on title 14, U.S.C., 1946 ed., §§110, 192 (June 20, 1874, ch. 344, §6, 18 Stat. 127; June 18, 1878, ch. 265, §10, 20 Stat. 165; July 3, 1926, ch. 742, §9, 44 Stat. 817). The power to accept volunteer services is enlarged to include all services offered in time of emergency, to save life or protect property, and the restrictive provisions relating to lifeboat stations only have been eliminated.

Subsection (n) is new and grants authority to the Commandant to lease real property under the control of the Coast Guard, when not immediately needed in Coast Guard operations. Such authority will be advantageous to the Government, on the basis of past experience.

Subsection (o) is new and is supplementary to subsection (n) of this section. It grants further authority to the Commandant permitting him to grant minor interests in land which is under control of the Coast Guard. This will avoid the necessity of special acts of Congress in each of such instances.

Subsection (p) is new and is necessary to give proper authority for the maintenance of networks of wires and cables, in some cases over or along private property or public highways. These networks are in existence at the present time and are essential for the Service to carry out its functions.

Subsection (q) is new and is necessary in order to provide clear authority for the maintenance of radio stations which are essential to Coast Guard functions.

Changes were made in phraseology. 81st Congress, House Report No. 557.

Editorial Notes

References in Text

Section 4(e) of the Ports and Waterways Safety Act, referred to in subsec. (b)(2)(B), is section 4(e) of Pub. L. 92–340, which was classified to section 1223(e) of Title 33, Navigation and Navigable Waters, prior to repeal by Pub. L. 115–282, title IV, §402(e), Dec. 4, 2018, 132 Stat. 4264. See Transitional and Savings Provisions note preceding section 101 of Title 46, Shipping, and section 70001 of Title 46.

The date of enactment of this paragraph, referred to in subsec. (d)(2), is the date of enactment of Pub. L. 111–281, which was approved Oct. 15, 2010.

Prior Provisions

A prior section 504 was renumbered section 2733 of this title.

Another prior section 504, act Aug. 4, 1949, ch. 393, 63 Stat. 537, related to disposition of the remains of deceased Coast Guard personnel, prior to repeal by act July 15, 1954, ch. 507, §14(c)(5), 68 Stat. 481. For provisions relating to recovery, care, and disposition of the remains of deceased personnel of the uniformed services and deceased civilian personnel, see section 1481 of Title 10, Armed Forces.

Amendments

2022—Subsec. (a)(26). Pub. L. 117–263 added par. (26).

2021—Subsec. (a)(19)(B). Pub. L. 116–283, §8505(a)(3)(A), substituted "an individual" for "a person".

Subsec. (c)(4). Pub. L. 116–283, §8505(a)(3)(B), substituted "mariners;" for "seamen;".

2018—Pub. L. 115–282, §105(b)(2), renumbered section 93 of this title as this section.

Subsec. (a)(7). Pub. L. 115–282, §123(b)(2), substituted "section 2904" for "section 542".

Subsec. (a)(13). Pub. L. 115–282, §123(b)(2), substituted "section 2946" for "section 687".

Subsec. (a)(21). Pub. L. 115–232 substituted "section 30305(b)(7)" for "section 30305(a)".

Subsec. (c). Pub. L. 115–282, §123(b)(2), substituted "section 305(a)(3)" for "section 50(a)(3)" in introductory provisions.

Subsec. (d)(1). Pub. L. 115–282, §123(b)(2), substituted "section 522" for "section 89".

Subsec. (d)(2). Pub. L. 115–282, §123(b)(2), substituted "section 527" for "section 91".

Subsec. (f)(2)(D). Pub. L. 115–282, §123(b)(2), substituted "section 2946" for "section 687".

2016—Subsec. (a)(25). Pub. L. 114–120, §610(b), added par. (25).

Subsec. (f)(2). Pub. L. 114–120, §209(4), added par. (2) and struck out former par. (2) which related to limitation on leasing of tidelands and submerged lands.

2014—Subsec. (a)(4). Pub. L. 113–281, §206(a), substituted "and investigate" for ", investigate" and struck out ", and cooperate and coordinate such activities with other Government agencies and with private agencies" before semicolon at end.

Subsec. (a)(7). Pub. L. 113–281, §214(c), inserted ", and to eligible spouses as defined under section 542," after "Coast Guard".

Pub. L. 113–281, §207, inserted "and the textbooks, manuals, and other materials required as part of such training or course of instruction" after "correspondence courses".

Subsec. (a)(13). Pub. L. 113–281, §208(a), substituted "the fund established under section 687" for "the Treasury".

Subsec. (b)(1). Pub. L. 113–281, §222(1), substituted "(a)(13)" for "(a)(14)".

Subsec. (f). Pub. L. 113–281, §209, added subsec. (f).

2012—Subsec. (e). Pub. L. 112–213 added subsec. (e).

2011—Subsec. (a)(8). Pub. L. 111–350, which directed amendment of subsec. (h) by substituting "division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" for "title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)", was executed by making the substitution in subsec. (a)(8) to reflect the probable intent of Congress and the amendment by Pub. L. 108–293, §201. See 2004 Amendment note below.

2010—Subsec. (a)(4). Pub. L. 111–259 substituted "function, including research, development, test, or evaluation related to intelligence systems and capabilities," for "function".

Subsecs. (c), (d). Pub. L. 111–281 added subsecs. (c) and (d).

2006—Subsec. (a)(19). Pub. L. 109–241, §901(a), redesignated subpars. (1) and (2) as (A) and (B), respectively.

Subsec. (a)(24). Pub. L. 109–241, §901(c), redesignated par. (y) as (24).

2004—Pub. L. 108–293, §201, designated existing provisions as subsec. (a), redesignated former subsecs. (a) to (j) and (l) to (w) as pars. (1) to (23), respectively, of subsec. (a), substituted semicolon for comma at end of par. (18), and added subsec. (b).

Pub. L. 108–293, §217, which directed amendment of this section by striking out "and" after semicolon at end of "paragraph (w)", substituting "; and" for period at end of "paragraph (x)", and adding a paragraph designated "(y)" at the end, was executed to this section prior to the amendment by Pub. L. 108–293, §201, to reflect the probable intent of Congress. See above.

2002—Subsec. (h). Pub. L. 107–217 inserted "subtitle I of title 40 and title III of" before "the Federal Property and Administrative Services Act of 1949" and substituted "(41 U.S.C. 251 et seq.)" for "(40 U.S.C. 471 et seq.)".

1998—Subsec. (w). Pub. L. 105–383, §202, added subsec. (w).

Subsec. (x). Pub. L. 105–383, §203, added subsec. (x).

1996—Subsec. (v). Pub. L. 104–324 added subsec. (v).

1993—Subsec. (t). Pub. L. 103–206, §202, added subsec. (t).

Subsec. (u). Pub. L. 103–206, §316, added subsec. (u).

1991—Subsec. (s). Pub. L. 102–241 added subsec. (s).

1982—Subsec. (h). Pub. L. 97–295 substituted "(40 U.S.C. 471 et seq.)" for ", as amended," after "Act of 1949".

Subsec. (r). Pub. L. 97–276 and Pub. L. 97–322 made identical amendments adding subsec. (r) relating to medical and dental care for personnel entitled thereto by law or regulation, including care in private facilities.

1981—Subsec. (p). Pub. L. 97–136, inserted "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," after "of such lines and cables,".

1976—Subsec. (n). Pub. L. 94–546 substituted "to be deposited in the Treasury" for "to be covered into the Treasury".

1951—Subsec. (h). Act Oct. 31, 1951, §2(10), inserted reference to applicable regulations of the Federal Property and Administrative Services Act of 1949, as amended, and struck out the requirement that net monies received from the disposition of patrol boats, etc., be covered into the Treasury.

Subsec. (i). Act Oct. 31, 1951, §4(1), inserted provision permitting discontinuance of aids to navigation, etc., and struck out provision permitting discontinuance or other disposition of obsolete, unsuitable, or unserviceable aids to navigation, etc., and the requirement that the net monies received from such disposition be covered into the Treasury.

Subsec. (k). Act Oct. 31, 1951, §1(33), repealed subsec. (k) which empowered the Commandant to exchange aircraft, vehicles, and parts thereof, and obsolete, unsuitable, or unserviceable machines, tools, aids to navigation, appliances, equipment, and supplies in part payment for new items of the same or similar character.

1950—Subsec. (o). Act Aug. 3, 1950, struck out "and" after the semicolon.

Subsec. (p). Act Aug. 3, 1950, substituted "; and" for the period at end.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Pilot Project for Enhancing Coast Guard Cutter Readiness Through Condition-Based Maintenance

Pub. L. 117–263, div. K, title CXII, §11208, Dec. 23, 2022, 136 Stat. 4011, provided that:

"(a) In General.—Not later than 3 years after the date of enactment of this Act [Dec. 23, 2022], the Commandant [of the Coast Guard] shall conduct a pilot project to enhance cutter readiness and reduce lost patrol days through the deployment of condition-based program standards for cutter maintenance, in accordance with the criteria set forth in subsection (b).

"(b) Criteria for Condition-Based Maintenance Evaluation.—In conducting the pilot project under subsection (a), the Commandant [of the Coast Guard], in cooperation with government and industry partners, shall—

"(1) select at least 1 class of cutters under construction with respect to which the application of the pilot project would enhance readiness;

"(2) use condition-based program standards which incorporate artificial, intelligence, prognostic based maintenance planning;

"(3) create and model a full ship digital twin for the cutters selected under paragraph (1);

"(4) install or modify instrumentation capable of producing full hull, mechanical, and electrical data necessary to analyze cutter operational conditions with active maintenance alerts; and

"(5) evaluate and weight efficacy of potential emergent repairs as well as planned depot maintenance activities.

"(c) Consideration.—Prior to developing the pilot project in this section, the Commandant shall evaluate commercially available products, technology, applications, standards, and technology for development and implementation of the pilot program.

"(d) Report to Congress.—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—

"(1) an interim report not later than 12 months after the date of enactment of this Act on the progress in carrying out the pilot project described in subsection (a); and

"(2) a final report not later than 3 years after the date of enactment of this Act on the results of the pilot project described in subsection (a) that includes—

"(A) options to integrate condition-based program standards with prognostic based maintenance planning to Coast Guard cutters; and

"(B) plans to deploy condition-based program standards with prognostic based maintenance planning to Coast Guard cutters."

Database on Icebreaking Operations in Great Lakes

Pub. L. 117–263, div. K, title CXII, §11213, Dec. 23, 2022, 136 Stat. 4015, provided that:

"(a) In General.—The Commandant shall establish and maintain a database for collecting, archiving, and disseminating data on icebreaking operations and commercial vessel and ferry transit in the Great Lakes during ice season.

"(b) Elements.—The database required under subsection (a) shall include the following:

"(1) Attempts by commercial vessels and ferries to transit ice-covered waterways in the Great Lakes that are unsuccessful because of inadequate icebreaking.

"(2) The period of time that each commercial vessel or ferry was unsuccessful at transit described in paragraph (1) due to inadequate icebreaking.

"(3) The amount of time elapsed before each such commercial vessel or ferry was successfully broken out of the ice and whether it was accomplished by the Coast Guard or by commercial icebreaking assets.

"(4) Relevant communications of each such commercial vessel or ferry with the Coast Guard and with commercial icebreaking services during such period.

"(5) A description of any mitigating circumstance, such as Coast Guard icebreaker diversions to higher priority missions, that may have contributed to the amount of time described in paragraph (3).

"(c) Voluntary Reporting.—Any reporting by operators of commercial vessels or ferries under this section shall be voluntary.

"(d) Public Availability.—The Commandant shall make the database available to the public on a publicly accessible website of the Coast Guard.

"(e) Consultation With Industry.—With respect to the Great Lakes icebreaking operations of the Coast Guard and the development of the database required under subsection (a), the Commandant shall consult operators of commercial vessels and ferries.

"(f) Public Report.—Not later than July 1 after the first winter in which the Commandant is subject to the requirements of section 564 of title 14, United States Code, the Commandant shall publish on a publicly accessible website of the Coast Guard a report on the cost to the Coast Guard of meeting the requirements of such section.

"(g) Definitions.—In this section:

"(1) Commercial vessel.—The term 'commercial vessel' means any privately owned cargo vessel operating in the Great Lakes during the winter season of at least 500 tons, as measured under section 14502 of title 46, United States Code, or an alternate tonnage measured under section 14302 of such title, as prescribed by the Secretary under section 14104 of such title.

"(2) Great lakes.—The term 'Great Lakes' means the United States waters of Lake Superior, Lake Michigan, Lake Huron (including Lake St. Clair), Lake Erie, and Lake Ontario, their connecting waterways, and their adjacent harbors, and the connecting channels (including the following rivers and tributaries of such rivers: Saint Mary's River, Saint Clair River, Detroit River, Niagara River, Illinois River, Chicago River, Fox River, Grand River, St. Joseph River, St. Louis River, Menominee River, Muskegon River, Kalamazoo River, and Saint Lawrence River to the Canadian border).

"(3) Ice-covered waterway.—The term 'ice-covered waterway' means any portion of the Great Lakes in which commercial vessels or ferries operate that is 70 percent or greater covered by ice, but does not include any waters adjacent to piers or docks for which commercial icebreaking services are available and adequate for the ice conditions.

"(4) Open to navigation.—The term 'open to navigation' means navigable to the extent necessary to—

"(A) extricate vessels and individuals from danger;

"(B) prevent damage due to flooding;

"(C) meet the reasonable demands of commerce;

"(D) minimize delays to passenger ferries; and

"(E) conduct other Coast Guard missions as required.

"(5) Reasonable demands of commerce.—The term 'reasonable demands of commerce' means the safe movement of commercial vessels and ferries transiting ice-covered waterways in the Great Lakes, regardless of type of cargo, at a speed consistent with the design capability of Coast Guard icebreakers operating in the Great Lakes and appropriate to the ice capability of the commercial vessel."

[For definitions of "Commandant" and "Secretary" as used in section 11213 of Pub. L. 117–263, set out above, see section 11002 of Pub. L. 117–263, set out as a note under section 106 of this title.]

Enhancing Maritime Cybersecurity

Pub. L. 117–263, div. K, title CXII, §11224, Dec. 23, 2022, 136 Stat. 4023, provided that:

"(a) Definitions.—In this section:

"(1) Cyber incident.—The term 'cyber incident' means an occurrence that actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information on an information system, or actually or imminently jeopardizes, without lawful authority, an information system.

"(2) Maritime operators.—The term 'maritime operators' means the owners or operators of vessels engaged in commercial service, the owners or operators of facilities, and port authorities.

"(3) Facilities.—The term 'facilities' has the meaning given the term 'facility' in section 70101 of title 46, United States Code.

"(b) Public Availability of Cybersecurity Tools and Resources.—

"(1) In general.—Not later than 2 years after the date of enactment of this Act [Dec. 23, 2022], the Commandant [of the Coast Guard], in coordination with the Administrator of the Maritime Administration, the Director of the Cybersecurity and Infrastructure Security Agency, and the Director of the National Institute of Standards and Technology, shall identify and make available to the public a list of tools and resources, including the resources of the Coast Guard and the Cybersecurity and Infrastructure Security Agency, designed to assist maritime operators in identifying, detecting, protecting against, mitigating, responding to, and recovering from cyber incidents.

"(2) Identification.—In carrying out paragraph (1), the Commandant, the Administrator of the Maritime Administration, the Director of the Cybersecurity and Infrastructure Security Agency, and the Director of the National Institute of Standards and Technology shall identify tools and resources that—

"(A) comply with the cybersecurity framework for improving critical infrastructure established by the National Institute of Standards and Technology; or

"(B) use the guidelines on maritime cyber risk management issued by the International Maritime Organization on July 5, 2017 (or successor guidelines).

"(3) Consultation.—The Commandant, the Administrator of the Maritime Administration, the Director of the Cybersecurity and Infrastructure Security Agency, and the Director of the National Institute of Standards and Technology may consult with maritime operators, other Federal agencies, industry stakeholders, and cybersecurity experts to identify tools and resources for purposes of this section."

Artificial Intelligence Strategy

Pub. L. 117–263, div. K, title CXII, §11226, Dec. 23, 2022, 136 Stat. 4026, provided that:

"(a) Coordination of Data and Artificial Intelligence Activities Relating to Identifying, Demonstrating, and Where Appropriate Transitioning to Operational Use.—

"(1) In general.—The Commandant [of the Coast Guard] shall coordinate data and artificial intelligence activities relating to identifying, demonstrating and where appropriate transitioning to operational use of artificial intelligence technologies when such technologies enhance mission capability or performance.

"(2) Emphasis.—The set of activities established under paragraph (1) shall—

"(A) apply data analytics, artificial intelligence, and machine-learning solutions to operational and mission-support problems; and

"(B) coordinate activities involving artificial intelligence and artificial intelligence-enabled capabilities within the Coast Guard.

"(b) Designated Official.—

"(1) In general.—Not later than 1 year after the date of enactment of this Act [Dec. 23, 2022], the Commandant [of the Coast Guard] shall designate a senior official of the Coast Guard (referred to in this section as the 'designated official') with the principal responsibility for the coordination of data and artificial intelligence activities relating to identifying, demonstrating, and, where appropriate, transitioning to operational use artificial intelligence and machine learning for the Coast Guard.

"(2) Governance and oversight of artificial intelligence and machine learning policy.—The designated official shall regularly convene appropriate officials of the Coast Guard—

"(A) to integrate the functional activities of the Coast Guard with respect to data, artificial intelligence, and machine learning;

"(B) to ensure that there are efficient and effective data, artificial intelligence, and machine-learning capabilities throughout the Coast Guard, where appropriate; and

"(C) to develop and continuously improve research, innovation, policy, joint processes, and procedures to facilitate the coordination of data and artificial intelligence activities relating to identification, demonstration, and, where appropriate, transition into operational use artificial intelligence and machine learning throughout the Coast Guard.

"(c) Strategic Plan.—

"(1) In general.—The designated official shall develop a strategic plan to coordinate activities relating to identifying, demonstrating, and transitioning artificial intelligence technologies into operational use where appropriate.

"(2) Elements.—The plan required by paragraph (1) shall include the following:

"(A) A strategic roadmap for the coordination of data and artificial intelligence activities for the identification, demonstration, and transition to operational use, where appropriate, artificial intelligence technologies and key enabling capabilities.

"(B) The continuous identification, evaluation, and adaptation of relevant artificial intelligence capabilities adopted by the Coast Guard and developed and adopted by other organizations for military missions and business operations.

"(C) Consideration of the identification, adoption, and procurement of artificial intelligence technologies for use in operational and mission support activities.

"(3) Submission to commandant.—Not later than 2 years after the date of enactment of this Act, the designated official shall submit to the Commandant the plan developed under paragraph (1).

"(4) Submission to congress.—Not later than 2 years after the date of enactment of this Act, 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 the plan developed under paragraph (1)."

Cyber Data Management

Pub. L. 117–263, div. K, title CXII, §11228, Dec. 23, 2022, 136 Stat. 4028, provided that:

"(a) In General.—The Commandant [of the Coast Guard] and the Director of the Cybersecurity and Infrastructure Security Agency shall—

"(1) develop policies, processes, and operating procedures governing—

"(A) access to and the ingestion, structure, storage, and analysis of information and data relevant to the Coast Guard Cyber Mission, including—

"(i) intelligence data relevant to Coast Guard missions;

"(ii) internet traffic, topology, and activity data relevant to such missions; and

"(iii) cyber threat information relevant to such missions; and

"(B) data management and analytic platforms relating to such missions; and

"(2) evaluate data management platforms referred to in paragraph (1)(B) to ensure that such platforms operate consistently with the Coast Guard Data Strategy.

"(b) Report.—Not later than 1 year after the date of enactment of this Act [Dec. 23, 2022], the Commandant shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives a report that includes—

"(1) an assessment of the progress on the activities required by subsection (a); and

"(2) any recommendation with respect to funding or additional authorities necessary, including proposals for legislative change, to improve Coast Guard cyber data management."

Improving Representation of Women and Racial and Ethnic Minorities Among Coast Guard Active-Duty Members

Pub. L. 117–263, div. K, title CXII, §11248, Dec. 23, 2022, 136 Stat. 4048, provided that:

"(a) In General.—Not later than 180 days after the date of enactment of this Act [Dec. 23, 2022], in consultation with the Advisory Board on Women at the Coast Guard Academy established under section 1904 of title 14, United States Code, and the minority outreach team program established by section 1905 of such title, the Commandant [of the Coast Guard] shall—

"(1) determine which recommendations in the RAND representation report may practicably be implemented to promote improved representation in the Coast Guard of—

"(A) women; and

"(B) racial and ethnic minorities; and

"(2) 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 actions the Commandant has taken, or plans to take, to implement such recommendations.

"(b) Curriculum and Training.—In the case of any action the Commandant plans to take to implement recommendations described in subsection (a)(1) that relate to modification or development of curriculum and training, such modified curriculum and trainings shall be provided at—

"(1) officer accession points, including the Coast Guard Academy and the Leadership Development Center;

"(2) enlisted member accession at the United States Coast Guard Training Center Cape May in Cape May, New Jersey; and

"(3) the officer, enlisted member, and civilian leadership courses managed by the Leadership Development Center.

"(c) Definition of RAND Representation Report.—In this section, the term 'RAND representation report' means the report of the Homeland Security Operational Analysis Center of the RAND Corporation entitled 'Improving the Representation of Women and Racial/Ethnic Minorities Among U.S. Coast Guard Active-Duty Members', issued on August 11, 2021."

Advance Notification of Military or Other Exercises

Pub. L. 117–263, div. K, title CXIII, §11323, Dec. 23, 2022, 136 Stat. 4094, provided that: "In consultation with the Secretary of Defense, the Secretary of State, and commercial fishing industry participants, the Commandant [of the Coast Guard] shall develop and publish on a publicly available website a plan for notifying United States mariners and the operators of United States fishing vessels in advance of—

"(1) military exercises in the exclusive economic zone (as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)); or

"(2) other military activities that will impact recreational or commercial activities."

Development of Medical Staffing Standards for Coast Guard

Pub. L. 117–263, div. K, title CXIV, §11406, Dec. 23, 2022, 136 Stat. 4112, provided that:

"(a) In General.—Not later than 180 days after the date of enactment of this Act [Dec. 23, 2022], the Commandant [of the Coast Guard], in consultation with the Defense Health Agency and any healthcare expert the Commandant considers appropriate, shall develop medical staffing standards for the Coast Guard that are consistent with the recommendations of the Comptroller General of the United States set forth in the report titled 'Coast Guard Health Care: Improvements Needed for Determining Staffing Needs and Monitoring Access to Care' and published in February 2022.

"(b) Inclusions.—In developing the standards under subsection (a), the Commandant shall address and take into consideration the following:

"(1) Current and future operations of healthcare personnel in support of Department of Homeland Security missions, including surge deployments for incident response.

"(2) Staffing standards for specialized providers, including flight surgeons, dentists, behavioral health specialists, and physical therapists.

"(3) Staffing levels of medical, dental, and behavioral health providers for the Coast Guard who are—

"(A) members of the Coast Guard;

"(B) assigned to the Coast Guard from the Public Health Service;

"(C) Federal civilian employees; or

"(D) contractors hired by the Coast Guard to fill vacancies.

"(4) Staffing levels at medical facilities for Coast Guard units in remote locations.

"(5) Any discrepancy between medical staffing standards of the Department of Defense and medical staffing standards of the Coast Guard.

"(c) Review by Comptroller General.—Not later than 90 days after the Commandant completes the staffing standards required by subsection (a), the Commandant shall submit the standards to the Comptroller General, who shall review the standards and provide recommendations to the Commandant.

"(d) Report to Congress.—Not later than 180 days after developing the standards developed under subsection (a), 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 report on the standards developed under subsection (a) and the recommendations provided under subsection (c) that includes a plan and a description of the resources and budgetary needs required to implement the standards.

"(e) Modification, Implementation, and Periodic Updates.—The Commandant shall—

"(1) modify such standards, as necessary, based on the recommendations under subsection (c);

"(2) implement the standards; and

"(3) review and update the standards not less frequently than every 4 years."

Data Collection and Access to Care

Pub. L. 117–263, div. K, title CXIV, §11408, Dec. 23, 2022, 136 Stat. 4115, provided that:

"(a) In General.—Not later than 180 days after the date of enactment of this Act [Dec. 23, 2022], the Commandant [of the Coast Guard], in consultation with the Defense Health Agency and any healthcare expert the Commandant considers appropriate, shall develop, and make publicly available, a policy to require the collection of data regarding access by members of the Coast Guard and their dependents to medical, dental, and behavioral healthcare as recommended by the Comptroller General of the United States in the report entitled 'Coast Guard Health Care: Improvements Needed for Determining Staffing Needs and Monitoring Access to Care', published in February 2022.

"(b) Elements.—The policy required by subsection (a) shall address the following:

"(1) Methods to collect data on access to care for—

"(A) routine annual physical health assessments;

"(B) flight physicals for aviators or prospective aviators;

"(C) sick call;

"(D) injuries;

"(E) dental health; and

"(F) behavioral health conditions.

"(2) Collection of data on access to care for referrals.

"(3) Collection of data on access to care for members of the Coast Guard stationed at remote units, aboard Coast Guard cutters, and on deployments.

"(4) Use of the electronic health record system to improve data collection on access to care.

"(5) Use of data for addressing the standards of care, including time between requests for appointments and actual appointments, including appointments made with referral services.

"(c) Publication and Report to Congress.—Not later than 90 days after the policy under subsection (a) is completed, or any subsequent updates to such policy, the Commandant shall—

"(1) publish the policy on a publicly accessible internet website of the Coast Guard; and

"(2) 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 policy and the manner in which the Commandant plans to address access-to-care deficiencies.

"(d) Periodic Updates.—Not less frequently than every 5 years, the Commandant shall review and update the policy required under subsection (a)."

Behavioral Health Policy

Pub. L. 117–263, div. K, title CXIV, §11409, Dec. 23, 2022, 136 Stat. 4116, provided that:

"(a) Interim Behavioral Health Policy.—

"(1) In general.—Not later than 180 days after the date of enactment of this Act [Dec. 23, 2022], the Commandant [of the Coast Guard] shall establish an interim behavioral health policy for members of the Coast Guard that is in parity with section 5.28 (relating to behavioral health) of Department of Defense Instruction 6130.03, volume 2, 'Medical Standards for Military Service: Retention'.

"(2) Termination.—The interim policy established under paragraph (1) shall remain in effect until the date on which the Commandant issues a permanent behavioral health policy for members of the Coast Guard.

"(b) Permanent Policy.—In developing a permanent policy with respect to retention and behavioral health, the Commandant shall ensure that, to the extent practicable, the policy of the Coast Guard is in parity with section 5.28 (relating to behavioral health) of Department of Defense Instruction 6130.03, volume 2, 'Medical Standards for Military Service: Retention'."

Expansion of Access to Counseling

Pub. L. 117–263, div. K, title CXIV, §11412, Dec. 23, 2022, 136 Stat. 4119, provided that:

"(a) In General.—Not later than 180 days after the date of enactment of this Act [Dec. 23, 2022], the Commandant [of the Coast Guard] shall hire, train, and deploy not fewer than an additional 5 behavioral health specialists.

"(b) Requirement.—Through the hiring process required under subsection (a), the Commandant shall ensure that at least 35 percent of behavioral health specialists employed by the Coast Guard have experience in behavioral healthcare for the purpose of supporting members of the Coast Guard with needs for perinatal mental health care and counseling service for miscarriage, child loss, and postpartum depression.

"(c) Accessibility.—The support provided by the behavioral health specialists described in subsection (a)—

"(1) may include care delivered via telemedicine; and

"(2) shall be made widely available to members of the Coast Guard."

Support of Women Serving in the Coast Guard

Pub. L. 116–283, div. G, title LVXXXII [LXXXII], §8215(a), Jan. 1, 2021, 134 Stat. 4650, provided that:

"(a) Action Plan.—

"(1) In general.—Not later than 180 days after the date of the enactment of this Act [Jan. 1, 2021], the Commandant [of the Coast Guard] shall—

"(A) determine which recommendations in the RAND gender diversity report can practicably be implemented to promote gender diversity in the Coast Guard; and

"(B) 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 on the actions the Coast Guard has taken, or plans to take, to implement such recommendations.

"(2) Curriculum and training.—The Commandant shall update curriculum and training materials used at—

"(A) officer accession points, including the Coast Guard Academy and the Leadership Development Center;

"(B) enlisted member accession at the United States Coast Guard Training Center Cape May in Cape May, New Jersey; and

"(C) the officer, enlisted member, and civilian leadership courses managed by the Leadership Development Center.

"Such updates shall reflect actions the Coast Guard has taken, or plans to take, to carry out the recommendations of the RAND gender diversity report.

"(3) Definition.—In this subsection, the term 'RAND gender diversity report' means the RAND Corporation's Homeland Security Operational Analysis Center 2019 report entitled 'Improving Gender Diversity in the U.S. Coast Guard: Identifying Barriers to Female Retention'."

Shore Infrastructure

Pub. L. 116–283, div. G, title LVXXXII [LXXXII], §8251, Jan. 1, 2021, 134 Stat. 4673, provided that:

"(a) In General.—Not later than 1 year after the date of the enactment of this Act [Jan. 1, 2021], the Commandant [of the Coast Guard] shall—

"(1) develop a plan to standardize Coast Guard facility condition assessments;

"(2) establish shore infrastructure performance goals, measures, and baselines to track the effectiveness of maintenance and repair investments and provide feedback on progress made;

"(3) develop a process to routinely align the Coast Guard shore infrastructure portfolio with mission needs, including disposing of unneeded assets;

"(4) establish guidance for planning boards to document inputs, deliberations, and project prioritization decisions for infrastructure maintenance projects;

"(5) employ models for Coast Guard infrastructure asset lines for—

"(A) predicting the outcome of investments in shore infrastructure;

"(B) analyzing tradeoffs; and

"(C) optimizing decisions among competing investments;

"(6) include supporting details about competing project alternatives and report tradeoffs in congressional budget requests and related reports; and

"(7) explore the development of real property management expertise within the Coast Guard workforce, including members of the Senior Executive Service.

"(b) Briefing.—Not later than December 31, 2020, the Commandant shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of the actions required under subsection (a)."

Unmanned Maritime Systems and Satellite Vessel Tracking Technologies

Pub. L. 116–283, div. G, title LVXXXIV [LXXXIV], §8411, Jan. 1, 2021, 134 Stat. 4723, provided that:

"(a) Assessment.—The Commandant [of the Coast Guard], acting through the Blue Technology Center of Expertise, shall regularly assess available unmanned maritime systems and satellite vessel tracking technologies for potential use to support missions of the Coast Guard.

"(b) Report.—

"(1) In general.—Not later than 1 year after the date of the enactment of this Act [Jan. 1, 2021], and biennially 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 on the actual and potential effects of the use of then-existing unmanned maritime systems and satellite vessel tracking technologies on the mission effectiveness of the Coast Guard.

"(2) Contents.—Each report submitted under paragraph (1) shall include the following:

"(A) An inventory of current unmanned maritime systems used by the Coast Guard, an overview of such usage, and a discussion of the mission effectiveness of such systems, including any benefits realized or risks or negative aspects of such usage.

"(B) An inventory of satellite vessel tracking technologies, and a discussion of the potential mission effectiveness of such technologies, including any benefits or risks or negative aspects of such usage.

"(C) A prioritized list of Coast Guard mission requirements that could be met with additional unmanned maritime systems, or with satellite vessel tracking technologies, and the estimated costs of accessing, acquiring, or operating such systems, taking into consideration the interoperability of such systems with the current and future fleet of—

"(i) National Security Cutters;

"(ii) Fast Response Cutters;

"(iii) Offshore Patrol Cutters;

"(iv) Polar Security Cutters; and

"(v) in-service legacy cutters, including the 210- and 270-foot medium endurance cutters and 225-foot Buoy Tenders.

"(c) Definitions.—In this section:

"(1) Unmanned maritime systems.—

"(A) In general.—The term 'unmanned maritime systems' means—

"(i) remotely operated or autonomous vehicles produced by the commercial sector designed to travel in the air, on or under the ocean surface, on land, or any combination thereof, and that function without an on-board human presence; and

"(ii) associated components of such vehicles, including control and communications systems, data transmission systems, and processing systems.

"(B) Examples.—Such term includes the following:

"(i) Unmanned undersea vehicles.

"(ii) Unmanned surface vehicles.

"(iii) Unmanned aerial vehicles.

"(iv) Autonomous underwater vehicles.

"(v) Autonomous surface vehicles.

"(vi) Autonomous aerial vehicles.

"(2) Available unmanned maritime systems.—The term 'available unmanned maritime systems' includes systems that can be purchased commercially or are in use by the Department of Defense or other Federal agencies.

"(3) Satellite vessel tracking technologies.—The term 'satellite vessel tracking technologies' means shipboard broadcast systems that use satellites and terrestrial receivers to continually track vessels."

United States Commercial Space-Based Radio Frequency Maritime Domain Awareness Testing and Evaluation Program

Pub. L. 116–283, div. G, title LVXXXIV [LXXXIV], §8415, Jan. 1, 2021, 134 Stat. 4726, provided that:

"(a) Testing and Evaluation Program.—The Commandant [of the Coast Guard], acting through the Blue Technology Center of Expertise, shall carry out a testing and evaluation program of United States commercial space-based radio frequency geolocation and maritime domain awareness products and services to support the mission objectives of maritime enforcement by the Coast Guard and other components of the Coast Guard. The objectives of this testing and evaluation program shall include—

"(1) developing an understanding of how United States commercial space-based radio frequency data products can meet current and future mission requirements;

"(2) establishing how United States commercial space-based radio frequency data products should integrate into existing work flows; and

"(3) establishing how United States commercial space-based radio frequency data products could be integrated into analytics platforms.

"(b) Report.—Not later than 240 days after the date of enactment of this Act [Jan. 1, 2021], the Commandant shall prepare and 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 results of the testing and evaluation program under subsection (a), including recommendations on how the Coast Guard should fully exploit United States commercial space-based radio frequency data products to meet current and future mission requirements."

Electronic Health Records

Pub. L. 115–282, title III, §305(c), Dec. 4, 2018, 132 Stat. 4246, provided that:

"(1) System.—The Commandant of the Coast Guard is authorized to procure for the Coast Guard an electronic health record system that—

"(A) has been competitively awarded by the Department of Defense; and

"(B) ensures full integration with the Department of Defense electronic health record systems.

"(2) Support services.—

"(A) In general.—The Commandant is authorized to procure support services for the electronic health record system procured under paragraph (1) necessary to ensure full integration with the Department of Defense electronic health record systems.

"(B) Scope.—Support services procured pursuant to this paragraph may include services for the following:

"(i) System integration support.

"(ii) Hosting support.

"(iii) Training, testing, technical, and data migration support.

"(iv) Hardware support.

"(v) Any other support the Commandant considers appropriate.

"(3) Authorized procurement actions.—The Commandant is authorized to procure an electronic health record system under this subsection through the following:

"(A) A task order under the Department of Defense electronic health record contract.

"(B) A sole source contract award.

"(C) An agreement made pursuant to sections 1535 and 1536 of title 31, United States Code.

"(D) A contract or other procurement vehicle otherwise authorized.

"(4) Competition in contracting; exemption.—Procurement of an electronic health record system and support services pursuant to this subsection shall be exempt from the competition requirements of section 2304 of title 10, United States Code [now 10 U.S.C. 3201 et seq.]."

Training of Coast Guard Personnel

Pub. L. 115–265, title II, §210, Oct. 11, 2018, 132 Stat. 3748, which required the Commandant of the Coast Guard to provide training to marine safety personnel and to brief congressional committees on its marine inspections staff, was repealed by Pub. L. 116–283, div. G, title LVXXXI [LXXXI], §8111(c)(1), Jan. 1, 2021, 134 Stat. 4639.

Days Away From Homeport

Pub. L. 114–120, title II, §204(c), Feb. 8, 2016, 130 Stat. 35, as amended by Pub. L. 115–282, title VIII, §818(b)(2), Dec. 4, 2018, 132 Stat. 4308, provided that: "Not later than 1 year after the date of the enactment of this Act [Feb. 8, 2016], the Commandant of the Coast Guard shall—

"[(1) Repealed. Pub. L. 115–282, title VIII, §818(b)(2), Dec. 4, 2018, 132 Stat. 4308.]

"(2) notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the standard implemented under paragraph (1)."

Report on Sexual Assaults in the Coast Guard

Pub. L. 111–281, title II, §217, Oct. 15, 2010, 124 Stat. 2917, as amended by Pub. L. 115–232, div. C, title XXXV, §3521(a)(2), Aug. 13, 2018, 132 Stat. 2314, which directed the Commandant of the Coast Guard to submit a report on sexual assaults and sexual harassment in the Coast Guard to congressional committees, was redesignated as section 5112 of this title and transferred to appear after section 5111 of this title by Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8501(a)(7)(A), Jan. 1, 2021, 134 Stat. 4745.

Marine Vessel and Cold Water Safety Education

Pub. L. 109–241, title IV, §405, July 11, 2006, 120 Stat. 535, provided that: "The Coast Guard shall continue cooperative agreements and partnerships with organizations in effect on the date of enactment of this Act [July 11, 2006] that provide marine vessel safety training and cold water immersion education and outreach programs for fishermen and children."

Redistricting Notification Requirement

Pub. L. 108–293, title II, §215, Aug. 9, 2004, 118 Stat. 1038, which directed the Commandant of the Coast Guard to notify congressional committees before redistricting, was redesignated as section 322 of this title and transferred to appear after section 321 of this title by Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8501(a)(1), Jan. 1, 2021, 134 Stat. 4745.

Innovative Construction Alternatives

Pub. L. 108–293, title II, §222, Aug. 9, 2004, 118 Stat. 1040, provided that: "The Commandant of the Coast Guard may consult with the Office of Naval Research and other Federal agencies with research and development programs that may provide innovative construction alternatives for the Integrated Deepwater System."

Icebreaking Services

Pub. L. 109–241, title II, §210, July 11, 2006, 120 Stat. 523, provided that:

"(a) Operation and Maintenance Plan.—Not later than 90 days after the date of enactment of this Act [July 11, 2006], the Secretary of the department in which the Coast Guard is operating 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 plan—

"(1) for operation and maintenance after fiscal year 2006 of the Coast Guard polar icebreakers POLAR STAR, POLAR SEA, and HEALY, that does not rely on the transfer of funds to the Coast Guard by any other Federal agency; and

"(2) for the long-term recapitalization of these assets.

"(b) Necessary Measures.—The Secretary shall take all necessary measures to ensure that the Coast Guard maintains, at a minimum, its current vessel capacity for carrying out ice breaking in the Arctic and Antarctic, Great Lakes, and New England regions, including the necessary funding for operation and maintenance of such vessels, until it has implemented the long-term recapitalization of the Coast Guard polar icebreakers POLAR STAR, POLAR SEA, and HEALY in accordance with the plan submitted under subsection (a).

"(c) Reimbursement.—Nothing in this section shall preclude the Secretary from seeking reimbursement for operation and maintenance costs of such polar icebreakers from other Federal agencies and entities, including foreign countries, that benefit from the use of the icebreakers.

"(d) Authorization of Appropriations.—There is authorized to be appropriated for fiscal year 2006 to the Secretary of the department in which the Coast Guard is operating $100,000,000 to carry out this section with respect to the polar icebreakers referred to in subsection (a)."

Pub. L. 107–295, title IV, §429, Nov. 25, 2002, 116 Stat. 2127, provided that: "The Commandant of the Coast Guard shall not plan, implement, or finalize any regulation or take any other action which would result in the decommissioning of any WYTL-class harbor tugs unless and until the Commandant certifies in writing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that sufficient replacement capability has been procured by the Coast Guard to remediate any degradation in current icebreaking services that would be caused by such decommissioning."

Fishing Vessel Safety Training

Pub. L. 107–295, title IV, §430, Nov. 25, 2002, 116 Stat. 2128, provided that:

"(a) In General.—The Commandant of the Coast Guard may provide support, with or without reimbursement, to an entity engaged in fishing vessel safety training, including—

"(1) assistance in developing training curricula;

"(2) use of Coast Guard personnel, including active duty members, members of the Coast Guard Reserve, and members of the Coast Guard Auxiliary, as temporary or adjunct instructors;

"(3) sharing of appropriate Coast Guard informational and safety publications; and

"(4) participation on applicable fishing vessel safety training advisory panels.

"(b) No Interference With Other Functions.—In providing support under subsection (a), the Commandant shall ensure that the support does not interfere with any Coast Guard function or operation."

Conveyance of Lighthouses; Notification

Pub. L. 105–383, title IV, §416(d), Nov. 13, 1998, 112 Stat. 3437, provided that: "Not less than 1 year prior to reporting to the General Services Administration that a lighthouse or light station eligible for listing under the National Historic Preservation Act of 1966 ([former] 16 U.S.C. 470 et seq.) [see 54 U.S.C. 300101 et seq.] and under the jurisdiction of the Coast Guard is excess to the needs of the Coast Guard, the Commandant of the Coast Guard shall notify the State in which the lighthouse or light station is located, (including the State Historic Preservation Officer, if any) the appropriate political subdivision of that State, and any lighthouse, historic, or maritime preservation organizations in that State, that such property is excess to the needs of the Coast Guard."

¹ See References in Text note below.

§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.

(Aug. 4, 1949, ch. 393, 63 Stat. 545, §632; renumbered §505, Pub. L. 115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200.)

Historical and Revision Notes

Based on title 5, U.S.C., 1946 ed., §41, and on title 14, U.S.C., 1946 ed. §§22, 58, 91, 99, 103 (R.S. 2749; June 18, 1878, ch. 265, §§7, 8, 22 Stat. 164; May 4, 1882, ch. 117, §5, 22 Stat. 57; Mar. 4, 1907, ch. 2918, 34 Stat. 1309; Jan. 28, 1915, ch. 20, §1, 38 Stat. 800; Aug. 29, 1916, ch. 417, 39 Stat. 601; June 10, 1921, ch. 18, §304, 42 Stat. 23; July 3, 1926, ch. 742, §9, 44 Stat. 817).

Said section 91 has been divided. That part dealing with investigation of plans and inventions is covered in section 93(d) of this title. The remainder is covered in general terms. It has been rewritten in broad terms, making clear that the Commandant is granted the necessary authority to administer the Coast Guard under the Secretary, including authority to issue rules, orders, and instructions.

This section is primarily a consolidation of existing functions rather than a codification of existing laws. It does not, for the most part, grant new authority to the Coast Guard as an organization. It merely clarifies the method by which Coast Guard functions shall be administered. Under existing statutes, functions relating to the Coast Guard have been conferred upon the President, the Secretary of the Treasury, and the Commandant, and sometimes upon the Secretary of the Treasury in times of peace and the Secretary of the Navy in times of war. This revision confers some functions directly upon the Coast Guard, and this section provides for the execution of those functions by the Commandant, the military head of the organization, thereby making for consistency and uniformity. The functions are to be executed "subject to the general supervision of the Secretary". Title 14, U.S.C., 1946 ed., §91 now grants authority to the Commandant to prescribe regulations; this is changed to the issuance of rules, orders, and instructions as the promulgation of regulations in a military organization is properly a function of the Secretary.

Changes were made in phraseology. 81st Congress, House Report No. 557.

Editorial Notes

Prior Provisions

A prior section 505 was renumbered section 2734 of this title.

Another prior section 505, act Aug. 4, 1949, ch. 393, 63 Stat. 537, related to escorts to the place of burial for the bodies of deceased Coast Guard personnel, prior to repeal by act July 15, 1954, ch. 507, §14(c)(5), 68 Stat. 481. For provisions relating to recovery, care, and disposition of the remains of deceased personnel of the uniformed services and deceased civilian personnel, see section 1481 of Title 10, Armed Forces.

Amendments

2018—Pub. L. 115–282 renumbered section 632 of this title as this section.

§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 as established under chapter 56 of title 10) 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 operations and support 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.

(Added Pub. L. 114–328, div. A, title VII, §722(a), Dec. 23, 2016, 130 Stat. 2228, §520; renumbered §506, Pub. L. 115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8513(a)(1), Jan. 1, 2021, 134 Stat. 4760.)

Editorial Notes

Prior Provisions

A prior section 506, act Aug. 4, 1949, ch. 393, 63 Stat. 537, related to the issue of the national flag to be used for draping the coffin of any deceased member of the Coast Guard, prior to repeal by act July 15, 1954, ch. 507, §14(c)(5), 68 Stat. 481. For provisions relating to recovery, care, and disposition of the remains of deceased personnel of the uniformed services and deceased civilian personnel, see section 1481 of Title 10, Armed Forces.

Amendments

2021—Subsec. (a)(1). Pub. L. 116–283, §8513(a)(1)(A), inserted "as established under chapter 56 of title 10" after "Medicare-Eligible Retiree Health Care Fund".

Subsec. (b)(1). Pub. L. 116–283, §8513(a)(1)(B), substituted "operations and support" for "operating expenses".

2018—Pub. L. 115–282 renumbered section 520 of this title as this section.

§507. 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.

(Added Pub. L. 111–281, title II, §201(a), Oct. 15, 2010, 124 Stat. 2909, §153; renumbered §507, Pub. L. 115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200.)

Editorial Notes

Prior Provisions

A prior section 507 was renumbered section 2710 of this title.

Amendments

2018—Pub. L. 115–282 renumbered section 153 of this title as this section.

§508. Coast Guard health-care professionals; licensure portability

(a) In General.—Notwithstanding any other provision of law regarding the licensure of health-care providers, a health-care professional described in subsection (b) may practice the health profession or professions of the health-care professional at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, regardless of where such health-care professional or the patient is located, if the practice is within the scope of the authorized Federal duties of such health-care professional.

(b) Described Individuals.—A health-care professional described in this subsection is an individual—

(1) who is—

(A) a member of the Coast Guard;

(B) a civilian employee of the Coast Guard;

(C) a member of the Public Health Service who is assigned to the Coast Guard; or

(D) any other health-care professional credentialed and privileged at a Federal health-care institution or location specially designated by the Secretary; and

(2) who—

(A) has a current license to practice medicine, osteopathic medicine, dentistry, or another health profession; and

(B) is performing authorized duties for the Coast Guard.

(c) Definitions.—In this section, the terms "license" and "health-care professional" have the meanings given those terms in section 1094(e) of title 10.

(Added Pub. L. 115–282, title III, §305(a), Dec. 4, 2018, 132 Stat. 4245.)

Editorial Notes

Prior Provisions

A prior section 508 was renumbered section 2711 of this title.

§509. Space-available travel on Coast Guard aircraft

(a) Establishment.—

(1) In general.—The Commandant may establish a program to provide transportation on Coast Guard aircraft on a space-available basis to the categories of eligible individuals described in subsection (c) (in this section referred to as the "program").

(2) Policy development.—Not later than 1 year after the date on which the program is established, the Commandant shall develop a policy for the operation of the program.

(b) Operation of Program.—

(1) In general.—The Commandant shall operate the program in a budget-neutral manner.

(2) Limitations.—

(A) In general.—Except as provided in subparagraph (B), no additional funds may be used, or flight hours performed, for the purpose of providing transportation under the program.

(B) De minimis expenditures.—The Commandant may make de minimis expenditures of resources required for the administrative aspects of the program.

(3) Reimbursement not required.—Eligible individuals described in subsection (c) shall not be required to reimburse the Coast Guard for travel provided under this section.

(c) Categories of Eligible Individuals.—Subject to subsection (d), the categories of eligible individuals described in this subsection are the following:

(1) Members of the armed forces on active duty.

(2) Members of the Selected Reserve who hold a valid Uniformed Services Identification and Privilege Card.

(3) Retired members of a regular or reserve component of the armed forces, including retired members of reserve components who, but for being under the eligibility age applicable under section 12731 of title 10, would be eligible for retired pay under chapter 1223 of title 10.

(4) Subject to subsection (f), veterans with a permanent service-connected disability rated as total.

(5) Such categories of dependents of individuals described in paragraphs (1) through (3) as the Commandant shall specify in the policy under subsection (a)(2), under such conditions and circumstances as the Commandant shall specify in such policy.

(6) Such other categories of individuals as the Commandant considers appropriate.

(d) Requirements.—In operating the program, the Commandant shall—

(1) in the sole discretion of the Commandant, establish an order of priority for transportation for categories of eligible individuals that is based on considerations of military necessity, humanitarian concerns, and enhancement of morale;

(2) give priority in consideration of transportation to the demands of members of the armed forces in the regular components and in the reserve components on active duty and to the need to provide such members, and their dependents, a means of respite from such demands; and

(3) implement policies aimed at ensuring cost control (as required under subsection (b)) and the safety, security, and efficient processing of travelers, including limiting the benefit under the program to 1 or more categories of otherwise eligible individuals, as the Commandant considers necessary.

(e) Transportation.—

(1) In general.—Notwithstanding subsection (d)(1), in establishing space-available transportation priorities under the program, the Commandant shall provide transportation for an individual described in paragraph (2), and a single dependent of the individual if needed to accompany the individual, at a priority level in the same category as the priority level for an unaccompanied dependent over the age of 18 years traveling on environmental and morale leave.

(2) Individuals covered.—Subject to paragraph (3), paragraph (1) applies with respect to an individual described in subsection (c)(3) who—

(A) resides in or is located in a Commonwealth or possession of the United States; and

(B) is referred by a military or civilian primary care provider located in that Commonwealth or possession to a specialty care provider for services to be provided outside of such Commonwealth or possession.

(3) Application to certain retired individuals.—If an individual described in subsection (c)(3) is a retired member of a reserve component who is ineligible for retired pay under chapter 1223 of title 10 by reason of being under the eligibility age applicable under section 12731 of title 10, paragraph (1) applies to the individual only if the individual is also enrolled in the TRICARE program for certain members of the Retired Reserve authorized under section 1076e of title 10.

(4) Priority.—The priority for space-available transportation required by this subsection applies with respect to—

(A) the travel from the Commonwealth or possession of the United States to receive the specialty care services; and

(B) the return travel.

(5) Primary care provider and specialty care provider defined.—In this subsection, the terms "primary care provider" and "specialty care provider" refer to a medical or dental professional who provides health care services under chapter 55 of title 10.

(f) Limitations on Travel.—

(1) In general.—Travel may not be provided under this section to a veteran eligible for travel pursuant to paragraph (4) of subsection (c) in priority over any member eligible for travel under paragraph (1) of that subsection or any dependent of such a member eligible for travel under this section.

(2) Rule of construction.—Subsection (c)(4) may not be construed as—

(A) affecting or in any way imposing on the Coast Guard, any armed force, or any commercial entity with which the Coast Guard or an armed force contracts, an obligation or expectation that the Coast Guard or such armed force will retrofit or alter, in any way, military aircraft or commercial aircraft, or related equipment or facilities, used or leased by the Coast Guard or such armed force to accommodate passengers provided travel under such authority on account of disability; or

(B) preempting the authority of an aircraft commander to determine who boards the aircraft and any other matters in connection with safe operation of the aircraft.

(g) Application of Section.—The authority to provide transportation under the program is in addition to any other authority under law to provide transportation on Coast Guard aircraft on a space-available basis.

(Added Pub. L. 117–263, div. K, title CXII, §11231(a), Dec. 23, 2022, 136 Stat. 4030.)

Editorial Notes

Prior Provisions

A prior section 509 was renumbered section 2761 of this title.

§510. Conveyance of Coast Guard vessels for public purposes

(a) In General.—On request by the Commandant, the Administrator of the General Services Administration may transfer ownership of a Coast Guard vessel or aircraft to an eligible entity for educational, cultural, historical, charitable, recreational, or other public purposes if such transfer is authorized by law.

(b) Conditions of Conveyance.—The General Services Administration may not convey a vessel or aircraft to an eligible entity as authorized by law unless the eligible entity agrees—

(1) to provide the documentation needed by the General Services Administration to process a request for aircraft or vessels as if the request were being processed under section 102.37.225 of title 41, Code of Federal Regulations, as in effect on the date of the enactment of the Don Young Coast Guard Authorization Act of 2022;

(2) to comply with the special terms, conditions, and restrictions imposed on aircraft and vessels under section 102.37.460 of such title, as in effect on the date of the enactment of the Don Young Coast Guard Authorization Act of 2022;

(3) to make the vessel available to the United States Government if it is needed for use by the Commandant in time of war or a national emergency; and

(4) to hold the United States Government harmless for any claims arising from exposure to hazardous materials, including asbestos and polychlorinated biphenyls, that occurs after conveyance of the vessel, except for claims arising from use of the vessel by the United States Government under paragraph (3).

(c) Other Obligations Unaffected.—Nothing in this section amends or affects any obligation of the Coast Guard or any other person under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or any other law regarding use or disposal of hazardous materials including asbestos and polychlorinated biphenyls.

(d) Eligible Entity Defined.—In this section, the term "eligible entity" means a State or local government, nonprofit corporation, educational agency, community development organization, or other entity that agrees to comply with the conditions established under this section.

(Added and amended Pub. L. 117–263, div. K, title CXII, §11258(a), (c), Dec. 23, 2022, 136 Stat. 4057.)

Editorial Notes

References in Text

The date of the enactment of the Don Young Coast Guard Authorization Act of 2022, referred to in subsec. (b)(1), (2), is the date of enactment of div. K of Pub. L. 117–263, which was approved Dec. 23, 2022.

The Toxic Substances Control Act, referred to in subsec. (c), is Pub. L. 94–469, Oct. 11, 1976, 90 Stat. 2003, which is classified generally to chapter 53 (§2601 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 15 and Tables.

Codification

Pub. L. 111–281, title IX, §914, Oct. 15, 2010, 124 Stat. 3018, formerly set out as a note under section 501 of this title, was redesignated as this section, transferred to appear after section 509 of this title, and amended so that the enumerator, section catchline, typeface, and typestyle conformed to those appearing in other sections of this title by Pub. L. 117–263, §11258(a).

Prior Provisions

A prior section 510 was renumbered section 2762 of this title.

For redesignation of prior sections 511 to 520, see Table Showing Redesignations Made by Title I of Pub. L. 115–282 preceding section 101 of this title.

Amendments

2022—Subsec. (a). Pub. L. 117–263, §11258(c)(1), amended subsec. (a) generally. Prior to amendment, text read as follows: "Whenever the transfer of ownership of a Coast Guard vessel or aircraft to an eligible entity for use for educational, cultural, historical, charitable, recreational, or other public purposes is authorized by law or declared excess by the Commandant, the Coast Guard shall transfer the vessel or aircraft to the General Services Administration for conveyance to the eligible entity."

Subsec. (b)(1). Pub. L. 117–263, §11258(c)(2)(A), inserted "as if the request were being processed" after "vessels" and ", as in effect on the date of the enactment of the Don Young Coast Guard Authorization Act of 2022" after "Code of Federal Regulations".

Subsec. (b)(2). Pub. L. 117–263, §11258(c)(2)(B), inserted ", as in effect on the date of the enactment of the Don Young Coast Guard Authorization Act of 2022" after "such title".

Subsec. (b)(3). Pub. L. 117–263, §11258(c)(2)(C), struck out "of the Coast Guard" after "Commandant".

SUBCHAPTER II—LIFE SAVING AND LAW ENFORCEMENT AUTHORITIES

Editorial Notes

Amendments

2018—Pub. L. 115–282, title I, §105(c)(2), Dec. 4, 2018, 132 Stat. 4202, inserted subchapter II designation and heading.

§521. Saving life and property

(a) In order to render aid to distressed individuals, 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 individuals and property imperiled by flood, the Coast Guard may:

(1) perform any and all acts necessary to rescue and aid individuals 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 individuals 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 individuals 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 individuals 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.

(Aug. 4, 1949, ch. 393, 63 Stat. 501, §88; Pub. L. 91–278, §1(3), June 12, 1970, 84 Stat. 304; Pub. L. 100–448, §30(a), Sept. 28, 1988, 102 Stat. 1849; Pub. L. 101–595, title IV, §401, Nov. 16, 1990, 104 Stat. 2989; Pub. L. 104–324, title II, §213(a), Oct. 19, 1996, 110 Stat. 3915; Pub. L. 112–213, title II, §201, Dec. 20, 2012, 126 Stat. 1543; Pub. L. 113–281, title II, §205(a)(4), Dec. 18, 2014, 128 Stat. 3025; renumbered §521, Pub. L. 115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(a)(4), Jan. 1, 2021, 134 Stat. 4748.)

Historical and Revision Notes

Derived from title 14, U.S.C., 1946 ed., §§29, 53, 55, 60, 61, 62, 63, 104, and title 34, U.S.C., 1946 ed., §471 (R.S. 1536, R.S. 2759; June 18, 1878, ch. 265, §4, 20 Stat. 163; Apr. 19, 1906, ch. 1640, §§1–3, 34 Stat. 123; May 12, 1906, ch. 2454, 34 Stat. 190; June 24, 1914, ch. 124, 38 Stat. 387; Aug. 29, 1916, ch. 417, 39 Stat. 601; Aug. 6, 1947, ch. 502, 61 Stat. 786).

This section broadens existing law in that it authorizes the Coast Guard to engage in saving life and property in the broadest possible terms, without limitation as to place. This section reflects existing sentiment as to Coast Guard functions in relation to saving life and property. There is no intention to supersede or conflict with the present authority of the Civil Aeronautics Board to investigate certain aircraft wrecks. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2021—Subsecs. (a), (b)(1). Pub. L. 116–283 substituted "individuals" for "persons" wherever appearing.

2018—Pub. L. 115–282 renumbered section 88 of this title as this section.

2014—Subsec. (c)(2). Pub. L. 113–281 substituted "$10,000" for "$5,000".

2012—Subsec. (e). Pub. L. 112–213 added subsec. (e).

1996—Subsec. (d). Pub. L. 104–324 added subsec. (d).

1990—Subsec. (c). Pub. L. 101–595 added subsec. (c).

1988—Subsec. (b). Pub. L. 100–448 designated existing provisions as par. (1), substituted "Subject to paragraph (2), the Coast Guard" for "The Coast Guard", and added par. (2).

1970—Subsec. (a). Pub. L. 91–278 substituted "on and under the high seas and on and under the waters" for "on the high seas and on waters" in introductory text.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Aqua Alert Notification System Pilot Program

Pub. L. 117–263, div. K, title CXII, §11207, Dec. 23, 2022, 136 Stat. 4010, provided that:

"(a) In General.—Not later than 2 years after the date of enactment of this Act [Dec. 23, 2022], the Commandant [of the Coast Guard] shall, subject to the availability of appropriations, establish a pilot program to improve the issuance of alerts to facilitate cooperation with the public to render aid to distressed individuals under section 521 of title 14, United States Code.

"(b) Pilot Program Contents.—In carrying out the pilot program established under subsection (a), the Commandant shall, to the maximum extent possible—

"(1) include a voluntary opt-in program under which members of the public, as appropriate, and the entities described in subsection (c), may receive notifications on cellular devices regarding Coast Guard activities to render aid to distressed individuals under section 521 of title 14, United States Code;

"(2) cover areas located within the area of responsibility of 3 different Coast Guard sectors in diverse geographic regions; and

"(3) provide that the dissemination of an alert shall be limited to the geographic areas most likely to facilitate the rendering of aid to distressed individuals.

"(c) Consultation.—In developing the pilot program under subsection (a), the Commandant shall consult—

"(1) the head of any relevant Federal agency;

"(2) the government of any relevant State;

"(3) any Tribal Government;

"(4) the government of any relevant territory or possession of the United States; and

"(5) any relevant political subdivision of an entity described in paragraph (2), (3), or (4).

"(d) Report to Congress.—

"(1) In general.—Not later than 2 years after the date of enactment of this Act, and annually thereafter through 2026, 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 report on the implementation of this section.

"(2) Public availability.—The Commandant shall make the report submitted under paragraph (1) available to the public."

[Nothing in amendment made by Pub. L. 117–263 to be construed to satisfy any requirement for government-to-government consultation with Tribal governments or to affect or modify any treaty or other right of any Tribal government, see section 11003 of Pub. L. 117–263, set out as a note under section 245 of Title 6, Domestic Security.]

Survival and Locating Equipment

Pub. L. 115–265, title II, §209, Oct. 11, 2018, 132 Stat. 3747, provided that: "Not later than 2 years after the date of the enactment of this Act [Oct. 11, 2018], the Commandant [of the Coast Guard] shall, subject to the availability of appropriations, identify and procure equipment that will provide search-and-rescue units the ability to attach a radio or Automated Identification System strobe or beacon to an object that is not immediately retrievable."

Coast Guard Policies and Procedures for Towing and Salvage of Disabled Vessels for Minimization of Coast Guard Competition or Interference with Commercial Enterprise

Pub. L. 97–322, title I, §113, Oct. 15, 1982, 96 Stat. 1585, as amended by Pub. L. 100–448, §30(b), Sept. 28, 1988, 102 Stat. 1850, provided that: "The Commandant of the Coast Guard shall review Coast Guard policies and procedures for towing and salvage of disabled vessels in order to further minimize the possibility of Coast Guard competition or interference (other than by the Coast Guard Auxiliary) with private towing activities or other commercial enterprise."

§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 an individual liable to arrest is being, or has been committed, by any individual, such individual 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.

(Aug. 4, 1949, ch. 393, 63 Stat. 502, §89; Aug. 3, 1950, ch. 536, §1, 64 Stat. 406; renumbered §522, Pub. L. 115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(a)(5), Jan. 1, 2021, 134 Stat. 4748.)

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., §§45–47, 51, 52, 66, 67, 104, and on title 33, U.S.C., 1946 ed., §755 (R.S. 2747, 2758, 2760, 2762; June 18, 1878, ch. 265, §4, 20 Stat. 163; June 16, 1880, ch. 235, 21 Stat. 263; June 22, 1936, ch. 705, §§1–3, 49 Stat. 1820; July 11, 1941, ch. 290, §7, 55 Stat. 585).

The words "or such merchandise" are inserted in the last clause of subsection (a) in order to provide for situations where it may be desirable to seize merchandise without seizing the vessel.

Changes were made in phraseology. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2021—Subsec. (a). Pub. L. 116–283 substituted "an individual" for "a person" and "individual" for "person" in two places.

2018—Pub. L. 115–282 renumbered section 89 of this title as this section.

1950—Subsec. (a). Act Aug. 3, 1950, struck out "to" before "examine" in second sentence.

Statutory Notes and Related Subsidiaries

Review of Drug Interdiction Equipment and Standards; Testing for Fentanyl During Interdiction Operations

Pub. L. 117–263, div. K, title CXII, §11268, Dec. 23, 2022, 136 Stat. 4063, provided that:

"(a) Review.—

"(1) In general.—The Commandant [of the Coast Guard], in consultation with the Administrator of the Drug Enforcement Administration and the Secretary of Health and Human Services, shall—

"(A) conduct a review of—

"(i) the equipment, testing kits, and rescue medications used to conduct Coast Guard drug interdiction operations; and

"(ii) the safety and training standards, policies, and procedures with respect to such operations; and

"(B) determine whether the Coast Guard is using the latest equipment and technology and up-to-date training and standards for recognizing, handling, testing, and securing illegal drugs, fentanyl and other synthetic opioids, and precursor chemicals during such operations.

"(2) Report.—Not later than 180 days after the date of enactment of this Act [Dec. 23, 2022], the Commandant shall submit to the appropriate committees of Congress a report on the results of the review conducted under paragraph (1).

"(3) Appropriate committees of congress defined.—In this subsection, the term 'appropriate committees of Congress' means—

"(A) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and

"(B) the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives.

"(b) Requirement.—If, as a result of the review required by subsection (a), the Commandant determines that the Coast Guard is not using the latest equipment and technology and up-to-date training and standards for recognizing, handling, testing, and securing illegal drugs, fentanyl and other synthetic opioids, and precursor chemicals during drug interdiction operations, the Commandant shall ensure that the Coast Guard acquires and uses such equipment and technology, carries out such training, and implements such standards.

"(c) Testing for Fentanyl.—The Commandant shall ensure that Coast Guard drug interdiction operations include the testing of substances encountered during such operations for fentanyl, as appropriate."

Public Availability of Information on Monthly Migrant Interdictions

Pub. L. 117–263, div. K, title CXII, §11269, Dec. 23, 2022, 136 Stat. 4064, provided that: "Not later than the 15th day of each month, the Commandant [of the Coast Guard] shall make available to the public on the website of the Coast Guard the number of migrant interdictions carried out by the Coast Guard during the preceding month."

Currency Detection Canine Team Program

Pub. L. 115–282, title VIII, §806, Dec. 4, 2018, 132 Stat. 4300, provided that:

"(a) Definitions.—In this section:

"(1) Canine currency detection team.—The term 'canine currency detection team' means a canine and a canine handler that are trained to detect currency.

"(2) Secretary.—The term 'Secretary' means the Secretary of the department in which the Coast Guard is operating.

"(b) Establishment.—Not later than 1 year after the date of enactment of this Act [Dec. 4, 2018], the Secretary shall establish a program to allow the use of canine currency detection teams for purposes of Coast Guard maritime law enforcement, including underway vessel boardings.

"(c) Operation.—The Secretary may cooperate with, or enter into an agreement with, the head of another Federal agency to meet the requirements under subsection (b)."

§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.

(Added Pub. L. 111–281, title II, §208(a), Oct. 15, 2010, 124 Stat. 2912, §99; renumbered §523, Pub. L. 115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200.)

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 99 of this title as this section.

§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.

(Added Pub. L. 111–281, title II, §216(a), Oct. 15, 2010, 124 Stat. 2917, §100; renumbered §524, Pub. L. 115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200.)

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 100 of this title as this section.

§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 individual 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.

(Added Pub. L. 100–448, §10(a), Sept. 28, 1988, 102 Stat. 1842, §95; amended Pub. L. 105–383, title II, §205(a), Nov. 13, 1998, 112 Stat. 3415; Pub. L. 107–296, title XVII, §1704(a), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–213, title II, §217(2), Dec. 20, 2012, 126 Stat. 1557; renumbered §525, Pub. L. 115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(a)(6), Jan. 1, 2021, 134 Stat. 4748.)

Editorial Notes

Amendments

2021—Subsec. (a)(1)(C)(ii). Pub. L. 116–283 substituted "individual" for "person".

2018—Pub. L. 115–282 renumbered section 95 of this title as this section.

2012—Subsec. (c). Pub. L. 112–213 struck out "of Homeland Security" after "Secretary".

2002—Subsec. (c). Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation".

1998—Pub. L. 105–383 substituted "Special agents of the Coast Guard Investigative Service law enforcement authority" for "Civilian agents authorized to carry firearms" as section catchline and amended text generally. Prior to amendment, text read as follows: "Under regulations prescribed by the Secretary with the approval of the Attorney General, civilian special agents of the Coast Guard may carry firearms or other appropriate weapons while assigned to official investigative or law enforcement duties."

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.

§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 individual 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 individual 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 individual determines that the firing of a warning signal would unreasonably endanger individuals or property in the vicinity of the vessel to be stopped.

(b) The individual in command of an authorized vessel or authorized aircraft and all individuals acting under that individual'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 individual is killed or wounded by the firing, and the individual in command of the authorized vessel or authorized aircraft or any individual 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; ¹ 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.

(Aug. 4, 1949, ch. 393, 63 Stat. 546, §637; Pub. L. 100–690, title VII, §7401(a), Nov. 18, 1988, 102 Stat. 4483; Pub. L. 106–65, div. A, title X, §1022, Oct. 5, 1999, 113 Stat. 746; Pub. L. 108–293, title II, §205(a)–(c), (e)(1), Aug. 9, 2004, 118 Stat. 1032, 1033; Pub. L. 111–281, title II, §213(a), Oct. 15, 2010, 124 Stat. 2915; Pub. L. 114–120, title II, §209(9), Feb. 8, 2016, 130 Stat. 41; renumbered §526, Pub. L. 115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(a)(7), Jan. 1, 2021, 134 Stat. 4748.)

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., §68 (R.S. 2765).

Aircraft are included within the protective terms of this section which permits aircraft to stop vessels but makes no provision for stopping aircraft.

Changes were made in phraseology. 81st Congress, House Report No. 557.

Editorial Notes

References in Text

Section 379 of title 10, referred to in subsec. (c)(2), was renumbered section 279 of title 10 by Pub. L. 114–328, div. A, title XII, §1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.

Amendments

2021—Subsec. (a). Pub. L. 116–283, §8505(a)(7)(A), (B), substituted "individual" for "person" wherever appearing, and substituted "individuals" for "persons" in par. (2).

Subsec. (b). Pub. L. 116–283, §8505(a)(7), substituted "individual" for "person" wherever appearing, and substituted "individuals" for "persons" and "individual's" for "person's".

2018—Pub. L. 115–282 renumbered section 637 of this title as this section.

2016—Subsec. (c)(3). Pub. L. 114–120 inserted "it is" before "any" in introductory provisions.

2010—Subsec. (c)(3). Pub. L. 111–281 added par. (3).

2004—Pub. L. 108–293, §205(e)(1), substituted "indemnity" for "immunity" in section catchline.

Subsec. (a). Pub. L. 108–293, §205(a), designated existing provisions as par. (1), substituted "subject to paragraph (2)," for "after a gun has been fired by the authorized vessel or authorized aircraft as a warning signal,", and added par. (2).

Subsec. (c). Pub. L. 108–293, §205(b), inserted "or" after the semicolon at end of par. (1), inserted "or military aircraft" after "surface naval vessel" and substituted a period for "; or" in par. (2), and struck out par. (3) which read as follows: "subject to subsection (d), it is a naval aircraft that has one or more members of the Coast Guard on board and is operating from a surface naval vessel described in paragraph (2)."

Subsec. (d). Pub. L. 108–293, §205(c), struck out subsec. (d) which related to inclusion of naval aircraft as authorized aircraft for purposes of this section.

1999—Subsec. (c)(3). Pub. L. 106–65, §1022(a), added par. (3).

Subsec. (d). Pub. L. 106–65, §1022(b), added subsec. (d).

1988—Pub. L. 100–690 substituted "immunity for firing at or into vessel" for "immunity of Coast Guard officer" in section catchline, and amended text generally. Prior to amendment, text read as follows:

"(a) Whenever any vessel liable to seizure or examination does not bring-to, on being ordered to do so or on being chased by any Coast Guard vessel or aircraft which has displayed the ensign, pennant, or other identifying insignia prescribed for vessels or aircraft of the Coast Guard, the person in command or in charge of such Coast Guard vessel or such Coast Guard aircraft may, after a gun has been fired by the Coast Guard vessel or aircraft as a warning signal, fire at or into such vessel which does not bring-to.

"(b) The person in command of such Coast Guard vessel or such Coast Guard aircraft and all persons acting by or under his direction shall be indemnified from any penalties or actions for damages for so doing. If any person is killed or wounded by such firing, and the person in command of the Coast Guard vessel or aircraft or any person acting pursuant to his orders is prosecuted or arrested therefor, he shall be forthwith admitted to bail."

¹ See References in Text note below.

§527. Safety of vessels of the Armed Forces

(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 vessel of the Armed Forces 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 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 vessel of the Armed Forces 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 ¹ 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.

(e) For purposes of this title, the term "vessel of the Armed Forces" means—

(1) any vessel owned or operated by the Department of Defense or the Coast Guard, other than a time- or voyage-chartered vessel; and

(2) any vessel owned and operated by the Department of Transportation that is designated by the Secretary of the department in which the Coast Guard is operating as a vessel equivalent to a vessel described in paragraph (1).

(Aug. 4, 1949, ch. 393, 63 Stat. 503, §91; Pub. L. 99–640, §10(a)(4), Nov. 10, 1986, 100 Stat. 3549; Pub. L. 109–241, title II, §201, July 11, 2006, 120 Stat. 519; renumbered §527 and amended Pub. L. 115–282, title I, §105(b), title III, §318(a), Dec. 4, 2018, 132 Stat. 4200, 4251.)

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., §48a (Nov. 15, 1941, ch. 471, §1, 55 Stat. 763).

Changes were made in phraseology. 81st Congress, House Report No. 557.

Editorial Notes

References in Text

Section 13 of the Ports and Waterways Safety Act, referred to in subsec. (c), was repealed by Pub. L. 115–282, title IV, §402(e), Dec. 4, 2018, 132 Stat. 4264. See Transitional and Savings Provisions note preceding section 101 of Title 46, Shipping, and section 70036 of Title 46.

Presidential Proclamation No. 5928, referred to in subsec. (d), is set out under section 1331 of Title 43, Public Lands.

Amendments

2018—Pub. L. 115–282, §318(a)(1), substituted "vessels of the Armed Forces" for "naval vessels" in section catchline.

Pub. L. 115–282, §105(b), renumbered section 91 of this title as this section.

Subsec. (a). Pub. L. 115–282, §318(a)(2), substituted "vessel of the Armed Forces" for "United States naval vessel".

Subsec. (b). Pub. L. 115–282, §318(a)(3), substituted "senior officer present in command" for "senior naval officer present in command" and "vessel of the Armed Forces" for "United States naval vessel".

Subsec. (e). Pub. L. 115–282, §318(a)(4), added subsec. (e).

2006—Subsec. (d). Pub. L. 109–241 added subsec. (d).

1986—Pub. L. 99–640 amended section generally. Prior to amendment, section read as follows: "The captain of the port, Coast Guard district commander, or other officer of the Coast Guard designated by the Commandant thereof, or the Governor of the Panama Canal in the case of the territory and waters of the Canal Zone, shall so control the anchorage and movement of any vessel, foreign or domestic, in the territorial waters of the United States, as to insure the safety or security of such United States naval vessels as may be present in his jurisdiction. In territorial waters of the United States where immediate action is required, or where representatives of the Coast Guard are not present, or not present in sufficient force to exercise effective control of shipping as provided herein, the senior naval officer present in command of any naval force may control the anchorage or movement of any vessel, foreign or domestic, to the extent deemed necessary to insure the safety and security of his command."

¹ See References in Text note below.

§528. Protecting against unmanned aircraft

For the purposes of section 210G(k)(3)(C)(iv) of the Homeland Security Act of 2002, the missions authorized to be performed by the United States Coast Guard shall be those related to—

(1) functions of the U.S. Coast Guard relating to security or protection of facilities and assets assessed to be high-risk and a potential target for unlawful unmanned aircraft activity, including the security and protection of—

(A) a facility, including a facility that is under the administrative control of the Commandant; and

(B) a vessel (whether moored or underway) or an aircraft, including a vessel or aircraft—

(i) that is operated by the Coast Guard, or that the Coast Guard is assisting or escorting; and

(ii) that is directly involved in a mission of the Coast Guard pertaining to—

(I) assisting or escorting a vessel of the Department of Defense;

(II) assisting or escorting a vessel of national security significance, a high interest vessel, a high capacity passenger vessel, or a high value unit, as those terms are defined by the Secretary;

(III) section 527(a) of this title;

(IV) assistance in protecting the President or the Vice President (or other officer next in order of succession to the Office of the President) pursuant to the Presidential Protection Assistance Act of 1976 (18 U.S.C. 3056 note);

(V) protection of a National Special Security Event and Special Event Assessment Rating events;

(VI) air defense of the United States, including air sovereignty, ground-based air defense, and the National Capital Region integrated air defense system; or

(VII) a search and rescue operation; and

(2) missions directed by the Secretary pursuant to 210G(k)(3)(C)(iii) ¹ of the Homeland Security Act of 2002.

(Added Pub. L. 115–254, div. H, §1603(a), Oct. 5, 2018, 132 Stat. 3529, §104; renumbered §528 and amended Pub. L. 115–282, title I, §§105(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4200, 4240.)

Editorial Notes

References in Text

Section 210G(k)(3)(C)(iii), (iv) of the Homeland Security Act of 2002, referred to in text, is classified to section 124n(k)(3)(C)(iii), (iv) of Title 6, Domestic Security.

The Presidential Protection Assistance Act of 1976, referred to in par. (1)(B)(ii)(IV), is Pub. L. 94–524, Oct. 17, 1976, 90 Stat. 2475, which enacted and amended provisions set out as notes under section 3056 of Title 18, Crimes and Criminal Procedure. For complete classification of this Act to the Code, see Tables.

Prior Provisions

Prior sections 531 and 532 were redesignated sections 2901 and 2902 of this title, respectively.

Amendments

2018—Pub. L. 115–282, §105(b), renumbered section 104 of this title as this section.

Par. (1)(B)(ii)(III). Pub. L. 115–282, §123(b)(2), substituted "section 527(a)" for "section 91(a)".

¹ So in original. Probably should be preceded by "section".

SUBCHAPTER III—AIDS TO NAVIGATION

Editorial Notes

Amendments

2018—Pub. L. 115–282, title I, §105(c)(3), Dec. 4, 2018, 132 Stat. 4202, inserted subchapter III designation and heading.

§541. Aids to navigation authorized

(a) 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.

(b) In the case of pierhead beacons, the Commandant may—

(1) acquire, by donation or purchase in behalf of the United States, the right to use and occupy sites for pierhead beacons; and

(2) properly mark all pierheads belonging to the United States situated on the northern and northwestern lakes, whenever the Commandant is duly notified by the department charged with the construction or repair of pierheads that the construction or repair of any such pierheads has been completed.

(Aug. 4, 1949, ch. 393, 63 Stat. 500, §81; June 22, 1951, ch. 150, 65 Stat. 89; Sept. 3, 1954, ch. 1263, §30, 68 Stat. 1237; Pub. L. 85–726, title XIV, §1404, Aug. 23, 1958, 72 Stat. 808; Pub. L. 89–662, §1, Oct. 14, 1966, 80 Stat. 912; Pub. L. 94–546, §1(3), Oct. 18, 1976, 90 Stat. 2519; Pub. L. 97–322, title I, §105(a), Oct. 15, 1982, 96 Stat. 1582; renumbered §541, Pub. L. 115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8509(a), Jan. 1, 2021, 134 Stat. 4755.)

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed.; §§50m, 50o, and on title 33, U.S.C., 1946 ed., §§720, 720a, 739, 740, 740a, 740b, 769 (R.S. 4668; June 23, 1874, ch. 455, §1, 18 Stat. 220; June 17, 1910, ch. 301, §7, 36 Stat. 538; Mar. 3, 1915, ch. 81, §5, 38 Stat. 927; Aug. 28, 1916, ch. 414, §3, 39 Stat. 538; May 22, 1926, ch. 371, §6, 44 Stat. 626; Feb. 25, 1925, ch. 313, §3, 45 Stat. 1262; Aug. 16, 1937, ch. 665, §3, 50 Stat. 667; June 26, 1948, ch. 672, §§1, 3, 62 Stat. 1050).

Changes were made in phraseology. 81st Congress, House Report No. 557.

Editorial Notes

Prior Provisions

A prior section 541 was renumbered section 2903 of this title.

Amendments

2021—Pub. L. 116–283 designated existing provisions as subsec. (a) and added subsec. (b).

2018—Pub. L. 115–282 renumbered section 81 of this title as this section.

1982—Pub. L. 97–322 authorized the Coast Guard to contractually establish, maintain, and operate aids to maritime navigation.

1976—Pub. L. 94–546 substituted "Federal Aviation Administration" for "Federal Aviation Agency" in cl. (3)(c).

1966—Pub. L. 89–662 expanded authorization for establishment, maintenance, and operation of aids to air navigation and electronic aids to navigation systems required to serve the needs of the armed forces to include needs 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, substituted "electronic aids to navigation systems" for "Loran stations", and altered the list of locations where aids to navigation other than electronic aids to navigation could be located by adding the waters above the Continental Shelf and by striking out places where such aids to navigation had been established prior to June 26, 1948.

1958—Pub. L. 85–726 substituted "Administrator of the Federal Aviation Agency" for "Administrator of Civil Aeronautics".

1954—Act Sept. 3, 1954, substituted "Department of Defense" for "National Military Establishment".

1951—Act June 22, 1951, extended Coast Guard's authority to include the Trust Territory of the Pacific Islands.

Statutory Notes and Related Subsidiaries

Effective Date of 1958 Amendment

Pub. L. 85–726, title XV, §1505(2), Aug. 23, 1958, 72 Stat. 810, provided that the amendment made by Pub. L. 85–726 is effective on 60th day following date on which Administrator of Federal Aviation Agency [Federal Aviation Administration] first appointed under Pub. L. 85–726 qualifies and takes office. Administrator appointed, qualified, and took office on Oct. 31, 1958.

Discontinuance of an Aid to Navigation

Pub. L. 114–120, title II, §210, Feb. 8, 2016, 130 Stat. 41, provided that:

"(a) In General.—Not later than 180 days after the date of the enactment of this Act [Feb. 8, 2016], the Secretary of the department in which the Coast Guard is operating shall establish a process for the discontinuance of an aid to navigation (other than a seasonal or temporary aid) established, maintained, or operated by the Coast Guard.

"(b) Requirement.—The process established under subsection (a) shall include procedures to notify the public of any discontinuance of an aid to navigation described in that subsection.

"(c) Consultation.—In establishing a process under subsection (a), the Secretary shall consult with and consider any recommendations of the Navigation Safety Advisory Council.

"(d) Notification.—Not later than 30 days after establishing a process under subsection (a), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the process established."

Improved Safety Information for Vessels

Pub. L. 113–281, title II, §228, Dec. 18, 2014, 128 Stat. 3040, provided that: "Not later than 1 year after the date of enactment of this Act [Dec. 18, 2014], the Secretary of the department in which the Coast Guard is operating shall establish a process that allows an operator of a marine exchange or other non-Federal vessel traffic information service to use the automatic identification system to transmit weather, ice, and other important navigation safety information to vessels."

Aids to Navigation Report

Pub. L. 105–383, title II, §208, Nov. 13, 1998, 112 Stat. 3416, provided that not later than 18 months after Nov. 13, 1998, the Commandant of the Coast Guard was to submit to Congress a report on the use of the Coast Guard's aids to navigation system, including an analysis of the respective use of the aids to navigation system by commercial interests, members of the general public for personal recreation, Federal and State government for public safety, defense, and other similar purposes.

Report to Congress; Contractual Authority; Increase in Ratio of Civilian to Military Employees

Pub. L. 97–322, title I, §105(b), Oct. 15, 1982, 96 Stat. 1582, provided that: "Not later than one year after the date of enactment of this title [Oct. 15, 1982], the Secretary of the department in which the Coast Guard is operating shall submit a report to the Congress evaluating—

"(1) the exercise by contract of the authority of the Coast Guard under section 81 [now 541] of title 14, United States Code, to establish, maintain, and operate aids to navigation, including a discussion of any problems involved in exercising such authority by contract, the reasons for exercising or failing to exercise such authority by contract in particular areas, and the feasibility of expanding the exercise of such authority by contract; and

"(2) the advantages and disadvantages of increasing the ratio of civilian to military employees assigned to the establishment, maintenance, and operation of aids to navigation on the inland waterways of the United States."

Contractual Authority Dependent Upon Availability of Appropriated Funds

Pub. L. 97–322, title I, §105(c), Oct. 15, 1982, 96 Stat. 1582, provided that: "Any authority to enter into contracts provided in this section [amending this section and enacting provision set out as Report to Congress; Contractual Authority; Increase in Ratio of Civilian to Military Employees note under this section] shall be available only to the extent that appropriated funds are available for that purpose."

Executive Documents

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Ex. Ord. No. 7521. Use of Vessels for Ice-Breaking Operations in Channels and Harbors

Ex. Ord. No. 7521, Dec. 21, 1936, 1 F.R. 2527, provided:

1. The Coast Guard, operating under the direction of the Secretary of the Treasury, is hereby directed to assist in keeping open to navigation by means of ice-breaking operations, in so far as practicable and as the exigencies may require, channels and harbors in accordance with the reasonable demands of commerce; and to use for that purpose such vessels subject to its control and jurisdiction or which may be made available to it under paragraph 2 hereof as are necessary and are reasonably suitable for such operations.

2. The Secretary of War [Army], the Secretary of the Navy, and the Secretary of Commerce are hereby directed to cooperate with the Coast Guard in such ice-breaking operations, and to furnish the Coast Guard, upon the request of the Commandant thereof, for this service such vessels under their jurisdiction and control as in the opinion of the Commandant, with the concurrence of the head of the Department concerned, are available and are, or may readily be made, suitable for this service.

§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.

(Aug. 4, 1949, ch. 393, 63 Stat. 500, §83; Pub. L. 93–283, §1(1), May 14, 1974, 88 Stat. 139; Pub. L. 113–281, title II, §205(a)(1), Dec. 18, 2014, 128 Stat. 3025; renumbered §542, Pub. L. 115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200.)

Historical and Revision Notes

Based on title 33, U.S.C., 1946 ed., §759 (June 20, 1906, ch. 3447, §3, 34 Stat. 324; June 17, 1910, ch. 301, §6, 36 Stat. 538; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736; 1939 Reorg. Plan No. II, §2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432).

Changes were made in phraseology. 81st Congress, House Report No. 557.

Editorial Notes

Prior Provisions

A prior section 542 was renumbered section 2904 of this title.

Amendments

2018—Pub. L. 115–282 renumbered section 83 of this title as this section.

2014—Pub. L. 113–281 substituted "$1,500" for "$100".

1974—Pub. L. 93–283 substituted "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" for "maritime navigation without first obtaining authority".

Executive Documents

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

§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 541 of this title, or with any aid to navigation lawfully maintained under authority granted by the Coast Guard pursuant to section 542 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.

(Aug. 4, 1949, ch. 393, 63 Stat. 500, §84; Pub. L. 113–281, title II, §205(a)(2), Dec. 18, 2014, 128 Stat. 3025; renumbered §543 and amended Pub. L. 115–282, title I, §§105(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4200, 4240.)

Historical and Revision Notes

Based on title 33, U.S.C., 1946, ed., §§761, 762 (May 14, 1908, ch. 168, §6, 35 Stat. 162; June 17, 1910, ch. 301, §6, 36 Stat. 538; Mar. 3, 1915, ch. 81, §8, 38 Stat. 928; 1939 Reorg. Plan No. II, §2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432).

Changes were made in phraseology. 81st Congress, House Report No. 557.

Editorial Notes

Prior Provisions

A prior section 543 was renumbered section 2905 of this title.

Amendments

2018—Pub. L. 115–282, §123(b)(2), substituted "section 541" for "section 81" and "section 542" for "section 83".

Pub. L. 115–282, §105(b), renumbered section 84 of this title as this section.

2014—Pub. L. 113–281 substituted "$1,500" for "$500".

§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.

(Aug. 4, 1949, ch. 393, 63 Stat. 501, §85; June 4, 1956, ch. 351, §1, 70 Stat. 226; Pub. L. 93–283, §1(2), May 14, 1974, 88 Stat. 139; Pub. L. 113–281, title II, §205(a)(3), Dec. 18, 2014, 128 Stat. 3025; renumbered §544, Pub. L. 115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200.)

Historical and Revision Notes

Based on title 33, U.S.C., 1946 ed., §760 (May 14, 1908, ch. 168, §5, 35 Stat. 162).

Changes were made in phraseology. 81st Congress, House Report No. 557.

Editorial Notes

Prior Provisions

A prior section 544 was renumbered section 2906 of this title.

Amendments

2018—Pub. L. 115–282 renumbered section 85 of this title as this section.

2014—Pub. L. 113–281 substituted "$1,500" for "$100".

1974—Pub. L. 93–283 struck out "on fixed structures" after "maritime navigation" in section catchline and in text substituted "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" for "fixed structures in or over navigable waters of the United States".

1956—Act June 4, 1956, amended section generally, vesting in Secretary rule-making authority, for the protection of maritime navigation, relative to the establishment, maintenance, and operation of lights and other signals on fixed structures in or over navigable waters of the United States, and excluding agencies of United States from its provisions.

§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.

(Aug. 4, 1949, ch. 393, 63 Stat. 501, §86; Pub. L. 89–191, Sept. 17, 1965, 79 Stat. 822; Pub. L. 93–283, §1(3), May 14, 1974, 88 Stat. 139; renumbered §545, Pub. L. 115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200.)

Historical and Revision Notes

Based on title 33, U.S.C., 1946 ed., §736 (R.S. 4676; June 17, 1910, ch. 301, §6, 36 Stat. 538; Aug. 16, 1937, ch. 665, §1, 50 Stat. 666; 1939 Reorg. Plan No. II, §2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432).

Changes were made in phraseology. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 86 of this title as this section.

1974—Pub. L. 93–283 substituted "the navigable waters or waters above the continental shelf of the United States" for "any navigable waters of the United States".

1965—Pub. L. 89–191 vested sole responsibility for wreck marking in the Coast Guard by giving the Secretary discretionary authority to mark wrecks or other similar obstructions for as long as in his judgment the needs of maritime navigation may require, by removing reference to responsibility of the Department of the Army to mark wrecks, after abandonment and before removal, and by giving the Secretary the authority to terminate an owner's liability to pay the cost of marking a wreck.

§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.

(Aug. 4, 1949, ch. 393, 63 Stat. 547, §642; renumbered §546, Pub. L. 115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200.)

Historical and Revision Notes

Based on title 33, U.S.C., 1946 ed., §721a (Aug. 16, 1937, ch. 665, §2, 50 Stat. 667).

Changes were made in phraseology. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 642 of this title as this section.

§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.

(Aug. 4, 1949, ch. 393, 63 Stat. 547, §643; renumbered §547, Pub. L. 115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200.)

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., §50c (Aug. 2, 1946, ch. 756, §32, 60 Stat. 857).

Section is enlarged to provide for payment of rewards for information leading to the discovery or recovery of missing Coast Guard property. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 643 of this title as this section.

§548.¹ Prohibition against officers and employees being interested in contracts for materials

No officer, enlisted member, or civilian member of the Coast Guard in any manner connected with the construction, operation, or maintenance of lighthouses, shall be interested, either directly or indirectly, in any contract for labor, materials, or supplies for the construction, operation, or maintenance of lighthouses, or in any patent, plan, or mode of construction or illumination, or in any article of supply for the construction, operation, or maintenance of lighthouses.

(Added Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8509(b), Jan. 1, 2021, 134 Stat. 4756.)

¹ Another section 548 is set out after section 550 of this title.

§549. Lighthouse and other sites; necessity and sufficiency of cession by State of jurisdiction

(a) No lighthouse, beacon, public pier, or landmark, shall be built or erected on any site until cession of jurisdiction over the same has been made to the United States.

(b) For the purposes of subsection (a), a cession by a State of jurisdiction over a place selected as the site of a lighthouse, or other structure or work referred to in subsection (a), shall be deemed sufficient if the cession contains a reservation that process issued under authority of such State may continue to be served within such place.

(c) If no reservation of service described in subsection (b) is contained in a cession, all process may be served and executed within the place ceded, in the same manner as if no cession had been made.

(Added Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8509(b), Jan. 1, 2021, 134 Stat. 4756.)

§550. Marking pierheads in certain lakes

The Commandant of the Coast Guard shall properly mark all pierheads belonging to the United States situated on the northern and northwestern lakes, whenever he is duly notified by the department charged with the construction or repair of pierheads that the construction or repair of any such pierhead has been completed.

(Added Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8509(b), Jan. 1, 2021, 134 Stat. 4756.)

Editorial Notes

Prior Provisions

Prior sections 551 to 555 were renumbered sections 2921 to 2925 of this title, respectively.

§548.¹ Marking anchorage grounds by Commandant of the Coast Guard

The Commandant of the Coast Guard shall provide, establish, and maintain, out of the annual appropriations for the Coast Guard, buoys or other suitable marks for marking anchorage grounds for vessels in waters of the United States, when such anchorage grounds have been defined and established by proper authority in accordance with the laws of the United States.

(Added and amended Pub. L. 117–263, div. K, title CXVIII, §11808(c), Dec. 23, 2022, 136 Stat. 4166.)

Editorial Notes

Codification

The text of section 472 of Title 33, Navigation and Navigable Waters, which was transferred to appear at the end of this subchapter, redesignated as section 548 of this title, and amended by Pub. L. 117–263, §11808(c), was based on act Sept. 15, 1922, ch. 313, 42 Stat. 844.

Amendments

2022—Pub. L. 117–263 substituted "The Commandant of the Coast Guard" for "That hereafter the Commissioner of Lighthouses" and "for the Coast Guard" for "for the Lighthouse Service".

¹ Another section 548 is set out after section 547 of this title.

SUBCHAPTER IV—MISCELLANEOUS

Editorial Notes

Amendments

2018—Pub. L. 115–282, title I, §105(c)(4), Dec. 4, 2018, 132 Stat. 4202, inserted subchapter IV designation and heading.

§561. Icebreaking in polar regions

(a) Procurement Authority.—

(1) In general.—The Secretary may enter into one or more contracts for the procurement of—

(A) the Polar Security Cutters approved as part of a major acquisition program as of November 1, 2019; and

(B) 3 additional Polar Security Cutters.

(2) Condition for out-year contract payments.—A contract entered into under paragraph (1) shall provide that any obligation of the United States to make a payment under the contract during a fiscal year after fiscal year 2019 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.

(b) Planning.—The Secretary 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.

(c) Reimbursement.—Nothing in this section shall preclude the Secretary from seeking reimbursement for operation and maintenance costs of the Polar Star, Healy, or any other Polar Security Cutter from other Federal agencies and entities, including foreign countries, that benefit from the use of those vessels.

(d) Restriction.—

(1) In general.—The Commandant may not—

(A) transfer, relinquish ownership of, dismantle, or recycle the Polar Sea or Polar Star;

(B) change the current homeport of the Polar Sea or Polar Star; or

(C) expend any funds—

(i) for any expenses directly or indirectly associated with the decommissioning of the Polar Sea or Polar Star, including expenses for dock use or other goods and services;

(ii) for any personnel expenses directly or indirectly associated with the decommissioning of the Polar Sea or Polar Star, including expenses for a decommissioning officer;

(iii) for any expenses associated with a decommissioning ceremony for the Polar Sea or Polar Star;

(iv) to appoint a decommissioning officer to be affiliated with the Polar Sea or Polar Star; or

(v) to place the Polar Sea or Polar Star in inactive status.

(2) Sunset.—This subsection shall cease to have effect on September 30, 2022.

(e) Limitation.—

(1) In general.—The Secretary may not expend amounts appropriated for the Coast Guard for any of fiscal years 2015 through 2024, for—

(A) design activities related to a capability of a Polar Security Cutter that is based solely on an operational requirement of a Federal department or agency other than the Coast Guard, except for amounts appropriated for design activities for a fiscal year before fiscal year 2016; or

(B) long-lead-time materials, production, or postdelivery activities related to such a capability.

(2) Other amounts.—Amounts made available to the Secretary under an agreement with a Federal department or agency other than the Coast Guard and expended on a capability of a Polar Security Cutter that is based solely on an operational requirement of such Federal department or agency shall not be treated as amounts expended by the Secretary for purposes of the limitation under paragraph (1).

(f) Enhanced Maintenance Program for the Polar Star.—

(1) In general.—Subject to the availability of appropriations, the Commandant shall conduct an enhanced maintenance program on the Polar Star ¹ to extend the service life of such vessel until at least December 31, 2025.

(2) Authorization of appropriations.—The Commandant may use funds made available pursuant to section 4902(1)(A), to carry out this subsection.

(g) Definitions.—In this section:

(1) Polar sea.—The term "Polar Sea" means Coast Guard Cutter Polar Sea (WAGB 11).

(2) Polar star.—The term "Polar Star" means Coast Guard Cutter Polar Star (WAGB 10).

(3) Healy.—The term "Healy" means Coast Guard Cutter Healy (WAGB 20).

(Added Pub. L. 113–281, title V, §506(a), Dec. 18, 2014, 128 Stat. 3060, §87; renumbered §561, Pub. L. 115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200; amended Pub. L. 116–283, div. G, title LVXXXI [LXXXI], §8111(a), Jan. 1, 2021, 134 Stat. 4637.)

Editorial Notes

Prior Provisions

A prior section 561 was renumbered section 1101 of this title.

Another prior section 561, act Aug. 4, 1949, ch. 393, 63 Stat. 538, related to limitations on punishment by commanding officer, prior to repeal by act May 5, 1950, ch. 169, §§5, 14(v), 64 Stat. 145, 148, effective May 31, 1951.

Amendments

2021—Pub. L. 116–283 amended section generally. Prior to amendment, text read as follows: "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."

2018—Pub. L. 115–282 renumbered section 87 of this title as this section.

Statutory Notes and Related Subsidiaries

Establishment of Medium Icebreaker Program Office

Pub. L. 117–263, div. K, title CXII, §11218, Dec. 23, 2022, 136 Stat. 4018, provided that:

"(a) In General.—Not later than 180 days after the date of enactment of this Act [Dec. 23, 2022], the Commandant [of the Coast Guard], in consultation with the heads of the other Federal agencies as appropriate, 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 to establish a fleet mix analysis with respect to polar icebreakers and icebreaking tugs.

"(b) Contents.—The report required under subsection (a) shall include—

"(1) a full fleet mix of heavy and medium icebreaker and 140-foot icebreaking tug replacements, including cost and timelines for the acquisition of such vessels;

"(2) a revised time table showing the construction, commissioning, and acceptance of planned Polar Security Cutters 1 through 3, as of the date of [the] report;

"(3) a comparison and alternatives analysis of the costs and timeline of constructing 2 Polar Security Cutters beyond the construction of 3 such vessels rather than constructing 3 Arctic Security Cutters, including the cost of planning, design, and engineering of a new class of ships, which shall include the increased costs resulting from the delays in building a new class of cutters rather than building 2 additional cutters from an ongoing production line;

"(4) the operational benefits, limitations, and risks of a common hull design for polar icebreaking cutters for operation in the polar regions;

"(5) the operational benefits, limitations, and risks of a common hull design for icebreaking tugs for operation in the Northeastern United States; and

"(6) the cost and timetable for replacing the Coast Guard Cutter Healy (WAGB 20) as—

"(A) a Polar Security Cutter;

"(B) an Arctic Security Cutter; or

"(C) other platform as determined by the Commandant.

"(c) Quarterly Briefings.—As part of quarterly acquisition briefings provided by the Commandant to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, the Commandant shall include an update on the status of—

"(1) all acquisition activities related to the Polar Security Cutter;

"(2) the performance of the entity which the Coast Guard has contracted with for detailed design and construction of the Polar Security Cutter; and

"(3) the requirements for the planning, detailed design, engineering, and construction of the—

"(A) Arctic Security Cutter; and

"(B) Great Lakes Icebreaker.

"(d) Limitation.—The report required to be submitted under subsection (a) shall not include an analysis of the Great Lakes Icebreaker authorized under section 11104 [of Pub. L. 117–263, 136 Stat. 4004, which is not classified to the Code].

"(e) Establishment of the Arctic Security Cutter Program Office.—

"(1) Determination.—Not later than 90 days after the submission of the report under subsection (a), the Commandant shall determine if constructing additional Polar Security Cutters is more cost effective and efficient than constructing 3 Arctic Security Cutters.

"(2) Establishment.—If the Commandant determines under paragraph (1) that it is more cost effective to build 3 Arctic Security Cutters than to build additional Polar Security Cutters or if the Commandant fails to make a determination under paragraph (1) by June 1, 2024, the Commandant shall establish a program office for the acquisition of the Arctic Security Cutter not later than January 1, 2025.

"(3) Requirements and design phase.—Not later than 270 days after the date on which the Commandant establishes a program office under paragraph (2), the Commandant shall complete the evaluation of requirements for the Arctic Security Cutter and initiate the design phase of the Arctic Security Cutter vessel class.

"(f) Quarterly Briefings.—Not less frequently than quarterly until the date on which a contract for acquisition of the Arctic Security Cutter is awarded under chapter 11 of title 14, United States Code, 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 briefing on the status of requirements evaluations, design of the vessel, and schedule of the program."

Acquisition of Icebreaker

Pub. L. 117–263, div. K, title CXII, §11223, Dec. 23, 2022, 136 Stat. 4021, provided that:

"(a) In General.—The Commandant may acquire or procure 1 United States built available icebreaker.

"(b) Exemptions From Requirements.—

"(1) In general.—Sections 1131, 1132(a)(2), 1132(c), 1133, and 1171 of title 14, United States Code, shall not apply to an acquisition or procurement under subsection (a).

"(2) Additional exceptions.—Paragraphs (1), (3), (4), and (5) of subsection (a) and subsections (b), (d), and (e) of section 1132 of title 14, United States Code, shall apply to an acquisition or procurement under subsection (a) until the first phase of the initial acquisition or procurement is complete and initial operating capacity is achieved.

"(c) Science Mission Requirements.—For any available icebreaker acquired or procured under subsection (a), the Commandant shall ensure scientific research capacity comparable to the Coast Guard Cutter Healy (WAGB 20), for the purposes of hydrographic, bathymetric, oceanographic, weather, atmospheric, climate, fisheries, marine mammals, genetic and other data related to the Arctic, and other research as the Under Secretary determines appropriate.

"(d) Operations and Agreements.—

"(1) Coast guard.—With respect to any available icebreaker acquired or procured under subsection (a), the Secretary shall be responsible for any acquisition, retrofitting, operation, and maintenance costs necessary to achieve full operational capability, including testing, installation, and acquisition, including for the suite of hull-mounted, ship-provided scientific instrumentation and equipment for data collection.

"(2) National oceanic and atmospheric administration.—The Under Secretary shall not be responsible for the costs of retrofitting any available icebreaker acquired or procured under subsection (a), including costs relating to—

"(A) vessel maintenance, construction, operations, and crewing other than the science party; and

"(B) making such icebreaker capable of conducting the research described in subsection (c), including design, procurement of laboratory space and equipment, and modification of living quarters.

"(3) Responsibility of under secretary.—The Under Secretary shall be responsible for costs related to—

"(A) the science party;

"(B) the scientific mission; and

"(C) other scientific assets and equipment that augment such icebreaker beyond full operational capacity as determined by the Under Secretary and Commandant.

"(4) Memorandum of agreement.—The Commandant and the Under Secretary shall enter into a memorandum of agreement to facilitate science activities, data collection, and other procedures necessary to meet the requirements of this section.

"(e) Restriction and Briefing.—Not later than 60 days after the date of enactment of this Act [Dec. 23, 2022], the Commandant shall brief the appropriate congressional committees with respect to available icebreaker acquired or procured under subsection (a) on—

"(1) a proposed concept of operations of such icebreaker;

"(2) a detailed cost estimate for such icebreaker, including estimated costs for acquisition, modification, shoreside infrastructure, crewing, and maintaining such an icebreaker by year for the estimated service life of such icebreaker; and

"(3) the expected capabilities of such icebreaker as compared to the capabilities of a fully operational Coast Guard built Polar Security Cutter for each year in which such an icebreaker is anticipated to serve in lieu of such a cutter and the projected annual costs to achieve such anticipated capabilities.

"(f) Interim Report.—Not later than 30 days after the date of enactment of this Act, and not later than every 90 days thereafter until any available icebreaker acquired or procured under subsection (a) has reached full operational capability, the Commandant shall provide to the appropriate Committees of Congress an interim report of the status and progress of all elements under subsection (d).

"(g) Rule of Construction.—Nothing in this section shall effect acquisitions of vessels by the Under Secretary.

"(h) Savings Clause.—

"(1) In general.—Any operations necessary for the saving of life or property at sea, response to environmental pollution, national security, defense readiness, or other missions as determined by the Commandant shall take priority over any scientific or economic missions under subsection (c).

"(2) Augmentation.—Any available icebreaker acquired or procured under subsection (a) shall augment the Coast Guard mission in the Arctic, including by conducting operations and missions that are in addition to missions conducted by the Coast Guard Cutter Healy (WAGB 20) in the region.

"(i) Definitions.—In this section:

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means 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.

"(2) Arctic.—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).

"(3) Available icebreaker.—The term 'available icebreaker' means a vessel that—

"(A) is capable of—

"(i) supplementing United States Coast Guard polar icebreaking capabilities in the Arctic region of the United States;

"(ii) projecting United States sovereignty;

"(iii) ensuring a continuous operational capability in the Arctic region of the United States;

"(iv) carrying out the primary duty of the Coast Guard described in section 103(7) of title 14, United States Code; and

"(v) collecting hydrographic, environmental, and climate data; and

"(B) is documented with a coastwise endorsement under chapter 121 of title 46, United States Code.

"(4) Under secretary.—The term 'Under Secretary' means the Under Secretary of Commerce for Oceans and Atmosphere.

"(j) Sunset.—The authority under subsections (a) through (c) shall expire on the date that is 3 years after the date of enactment of this Act."

[For definitions of "Commandant" and "Secretary" as used in section 11223 of Pub. L. 117–263, set out above, see section 11002 of Pub. L. 117–263, set out as a note under section 106 of this title.]

¹ So in original. "Polar Star" probably should be italicized.

§562. Appeals and waivers

Except for the Commandant, 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.

(Added Pub. L. 111–281, title V, §524(a), Oct. 15, 2010, 124 Stat. 2958, §102; renumbered §101, Pub. L. 111–330, §1(6)(A), Dec. 22, 2010, 124 Stat. 3569; amended Pub. L. 115–232, div. C, title XXXV, §3531(c)(2), Aug. 13, 2018, 132 Stat. 2320; renumbered §562, Pub. L. 115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200.)

Editorial Notes

Prior Provisions

A prior section 562 was renumbered section 1102 of this title.

Another prior section 562, act Aug. 4, 1949, ch. 393, 63 Stat. 539; Aug. 3, 1950, ch. 536, §27, 64 Stat. 407, related to deck courts, prior to repeal by act May 5, 1950, ch. 169, §§5, 14(v), 64 Stat. 145, 148, effective May 31, 1951.

Amendments

2018—Pub. L. 115–282 renumbered section 101 of this title as this section.

Pub. L. 115–232 substituted "Commandant" for "Commandant of the Coast Guard" in introductory provisions.

2010—Pub. L. 111–330 renumbered section 102 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–330, §1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(6)(A) is effective with the enactment of Pub. L. 111–281.

§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.

(Added Pub. L. 113–281, title II, §210(a), Dec. 18, 2014, 128 Stat. 3027, §103; renumbered §563, Pub. L. 115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200.)

Editorial Notes

Prior Provisions

For redesignation of prior sections 563 to 688 not listed below as having been previously repealed or renumbered, see Table Showing Redesignations Made by Title I of Pub. L. 115–282 preceding section 101 of this title.

Prior sections 563 to 567 were repealed by act May 5, 1950, ch. 169, §§5, 14(v), 64 Stat. 145, 148, effective May 31, 1951.

Section 563, act Aug. 4, 1949, ch. 393, 63 Stat. 539; Aug. 3, 1950, ch. 536, §28, 64 Stat. 407, related to summary courts-martial.

Section 564, act Aug. 4, 1949, ch. 393, 63 Stat. 540; Aug. 3, 1950, ch. 536, §29, 64 Stat. 407, related to general courts-martial.

Section 565, act Aug. 4, 1949, ch. 393, 63 Stat. 540, related to Public Health Service officers as court members.

Section 566, act Aug. 4, 1949, ch. 393, 63 Stat. 541, related to reviewing authorities.

Section 567, act Aug. 4, 1949, ch. 393, 63 Stat. 541, related to jurisdiction of offenses.

A prior section 568, added Pub. L. 111–281, title IV, §402(a), Oct. 15, 2010, 124 Stat. 2940; amended Pub. L. 111–330, §1(4), Dec. 22, 2010, 124 Stat. 3569, related to guidance on excessive pass-through charges, prior to repeal by Pub. L. 115–232, div. C, title XXXV, §3535, Aug. 13, 2018, 132 Stat. 2322.

Another prior section 568, act Aug. 4, 1949, ch. 393, 63 Stat. 542, related to time limitations between offense and prosecution, prior to repeal by act May 5, 1950, ch. 169, §§5, 14(v), 64 Stat. 145, 148, effective May 31, 1951.

A prior section 569, act Aug. 4, 1949, ch. 393, 63 Stat. 542, related to trial by civil authorities for offenses against United States, prior to repeal by act May 5, 1950, ch. 169, §§5, 14(v), 64 Stat. 145, 148, effective May 31, 1951.

A prior section 569a was renumbered section 2903 of this title and subsequently renumbered section 5103 of this title.

Prior sections 570 to 576 were repealed by act May 5, 1950, ch. 169, §§5, 14(v), 64 Stat. 145, 148, effective May 31, 1951.

Section 570, act Aug. 4, 1949, ch. 393, 63 Stat. 542, related to designation of any Federal prison for execution of sentence.

Section 571, act Aug. 4, 1949, ch. 393, 63 Stat. 542, related to Treasury and Navy Department jurisdiction.

Section 572, act Aug. 4, 1949, ch. 393, 63 Stat. 543, related to courts of inquiry.

Section 573, act Aug. 4, 1949, ch. 393, 63 Stat. 543, related to contempt of court.

Section 574, act Aug. 4, 1949, ch. 393, 63 Stat. 543, related to issuance of and penalties for failure to comply with subpoenas.

Section 575, act Aug. 4, 1949, ch. 393, 63 Stat. 543, related to arrest of deserters.

Section 576, act Aug. 4, 1949, ch. 393, 63 Stat. 544, related to allowances to and transportation of prisoners.

Section 634, act Aug. 4, 1949, ch. 393, 63 Stat. 545; Pub. L. 86–70, §11, June 25, 1959, 73 Stat. 143; Pub. L. 97–295, §2(18), Oct. 12, 1982, 96 Stat. 1302, related to officers designated as captain of the port or ports or adjacent high seas or waters over which the United States has jurisdiction, or appointed as United States Deputy Marshals in Alaska, prior to repeal by Pub. L. 115–282, title I, §104(c)(2), Dec. 4, 2018, 132 Stat. 4199.

A prior section 640, acts Aug. 4, 1949, ch. 393, 63 Stat. 546; June 15, 1955, ch. 142, 69 Stat. 134, related to interchange of supplies between armed forces, prior to repeal by Pub. L. 85–861, §36A, C(1), Sept. 2, 1958, 72 Stat. 1569, 1571. See section 2571 of Title 10, Armed Forces.

A prior section 645, acts Aug. 4, 1949, ch. 393, §1, 63 Stat. 547; Sept. 3, 1954, ch. 1263, §34, 68 Stat. 1239; Aug. 23, 1958, Pub. L. 85–738, §§4, 5, 72 Stat. 833, provided for settlement of claims incident to activities of Coast Guard, prior to repeal by Pub. L. 90–525, §2, Sept. 26, 1968, 82 Stat. 877, effective two years after Sept. 26, 1968. See section 2733 of Title 10, Armed Forces.

A prior section 651, act Aug. 4, 1949, ch. 393, 63 Stat. 550; Pub. L. 94–546, §1(36), Oct. 18, 1976, 90 Stat. 2522; Pub. L. 99–509, title V, §5102(a)(2), Oct. 21, 1986, 100 Stat. 1926, related to annual report on operations and expenditures of the Coast Guard during the preceding fiscal year, prior to repeal by Pub. L. 113–281, title II, §221(a)(2), Dec. 18, 2014, 128 Stat. 3037.

A prior section 657 was renumbered section 544 of this title and subsequently renumbered section 2906 of this title.

A prior section 659, added Pub. L. 95–61, §4(1), July 1, 1977, 91 Stat. 259; amended Pub. L. 97–258, §3(d), Sept. 13, 1982, 96 Stat. 1064, directed the merger of obligated balances with current appropriations, prior to repeal by Pub. L. 97–295, §2(19)(A), Oct. 12, 1982, 96 Stat. 1302.

Prior sections 661, 662, 662a, 663, and 674 were renumbered sections 2703, 2701, 2901, 2902, and 675 of this title, respectively, and subsequently renumbered sections 4903, 4901, 5101, 5102, and 910 of this title, respectively.

Prior sections 682 to 684 were repealed by Pub. L. 111–281, title II, §221(a)(3), Oct. 15, 2010, 124 Stat. 2919.

Section 682, added Pub. L. 104–324, title II, §208(a), Oct. 19, 1996, 110 Stat. 3910; amended Pub. L. 108–293, title II, §207(b), Aug. 9, 2004, 118 Stat. 1034, related to direct loans and loan guarantees.

Section 683, added Pub. L. 104–324, title II, §208(a), Oct. 19, 1996, 110 Stat. 3910, related to leasing of housing to be constructed.

Section 684, added Pub. L. 104–324, title II, §208(a), Oct. 19, 1996, 110 Stat. 3911; amended Pub. L. 108–293, title II, §207(c), Aug. 9, 2004, 118 Stat. 1034, related to limited partnerships with eligible entities.

A prior section 686, added Pub. L. 104–324, title II, §208(a), Oct. 19, 1996, 110 Stat. 3912; amended Pub. L. 106–398, §1 [[div. A], title X, §1087(g)(3)], Oct. 30, 2000, 114 Stat. 1654, 1654A-293, related to assignment of members of the armed forces to housing units, prior to repeal by Pub. L. 111–281, title II, §221(a)(5), Oct. 15, 2010, 124 Stat. 2919.

A prior section 687a, added Pub. L. 108–293, title II, §207(e), Aug. 9, 2004, 118 Stat. 1035, related to differential lease payments, prior to repeal by Pub. L. 111–281, title II, §221(a)(7), Oct. 15, 2010, 124 Stat. 2920.

A prior section 689, added Pub. L. 104–324, title II, §208(a), Oct. 19, 1996, 110 Stat. 3913; amended Pub. L. 107–295, title IV, §402(d), Nov. 25, 2002, 116 Stat. 2114, provided that the authority to enter into a transaction under former chapter 18 of this title expired Oct. 1, 2007, prior to repeal by Pub. L. 111–281, title II, §221(a)(9), Oct. 15, 2010, 124 Stat. 2920.

Prior sections 690 to 693 were repealed by Pub. L. 115–282, title I, §104(c)(2), Dec. 4, 2018, 132 Stat. 4199.

Section 690, added Pub. L. 101–225, title II, §222(a), Dec. 12, 1989, 103 Stat. 1917, defined terms for purposes of former sections 690 to 693 of this title.

Section 691, added Pub. L. 101–225, title II, §222(a), Dec. 12, 1989, 103 Stat. 1917; amended Pub. L. 114–120, title II, §209(11), Feb. 8, 2016, 130 Stat. 41, related to a program of environmental compliance and restoration at current and former Coast Guard facilities.

Section 692, added Pub. L. 101–225, title II, §222(a), Dec. 12, 1989, 103 Stat. 1918, related to the Coast Guard Environmental Compliance and Restoration Account.

Section 693, added Pub. L. 101–225, title II, §222(a), Dec. 12, 1989, 103 Stat. 1918; amended Pub. L. 112–213, title II, §213(b), Dec. 20, 2012, 126 Stat. 1553; Pub. L. 115–232, div. C, title XXXV, §3531(c)(3), Aug. 13, 2018, 132 Stat. 2320, required the Commandant to submit a prioritized list of projects eligible for environmental compliance and restoration funding for each fiscal year.

Amendments

2018—Pub. L. 115–282 renumbered section 103 of this title as this section.

§564. Administration of sexual assault forensic examination kits

(a) Sexual Assault Forensic Exam Procedure.—

(1) In general.—Before embarking on any prescheduled voyage, a Coast Guard vessel shall have in place a written operating procedure that ensures that an embarked victim of sexual assault shall have access to a sexual assault forensic examination—

(A) as soon as possible after the victim requests an examination; and

(B) that is treated with the same level of urgency as emergency medical care.

(2) Requirements.—The written operating procedure required by paragraph (1),¹ shall, at a minimum, account for—

(A) the health, safety, and privacy of a victim of sexual assault;

(B) the proximity of ashore or afloat medical facilities, including coordination as necessary with the Department of Defense, including other military departments (as defined in section 101 of title 10);

(C) the availability of aeromedical evacuation;

(D) the operational capabilities of the vessel concerned;

(E) the qualifications of medical personnel onboard;

(F) coordination with law enforcement and the preservation of evidence;

(G) the means of accessing a sexual assault forensic examination and medical care with a restricted report of sexual assault;

(H) the availability of nonprescription pregnancy prophylactics; and

(I) other unique military considerations.

(Added Pub. L. 117–263, div. K, title CXII, §11272(a), Dec. 23, 2022, 136 Stat. 4066.)

Statutory Notes and Related Subsidiaries

Annual Report

Pub. L. 117–263, div. K, title CXII, §11272(c)(5), Dec. 23, 2022, 136 Stat. 4067, provided that: "The Commandant [of the Coast Guard] shall submit to the Transportation and Infrastructure Committee of the House and the Commerce, Science, and Transportation Committee of the Senate a report containing the number of sexual assault forensic examinations that were requested by, but not administered within 3 days to, alleged victims of sexual assault when such victims were onboard a vessel."

¹ So in original. The comma probably should not appear.