Title 14 USCTitle 14 Online@118-34not31 yes OLRC 2023-12-19T11:24:52 USCConverter 1.7.2  Title 14 COAST GUARD This title was enacted by act Aug. 4, 1949, ch. 393,  1 63 Stat. 495 Current through 118-34not31    Subtitle Sec.  I. Establishment, Powers, Duties, and Administration 101  II. Personnel 1901  III. Coast Guard Reserve and Auxiliary 3701  IV. Coast Guard Authorizations and Reports to Congress 4901  Editorial Notes Prior Provisions A prior analysis for Title 14, Coast Guard, consisted of items for part I Regular Coast Guard beginning with section 1, part II Coast Guard Reserve and Auxiliary beginning with section 701, and part III Coast Guard Authorizations and Reports to Congress beginning with section 2701, prior to repeal by Pub. L. 115282, title I,  101 Dec. 4, 2018 132 Stat. 4194 Amendments 2018 Pub. L. 115282, title I,  101 Dec. 4, 2018 132 Stat. 4194      Table Showing Redesignations Made by Title I of Pub. L.  Title 14 Section Before Redesignation Title 14 Section After Redesignation  1 14 U.S.C. 101 2 14 U.S.C. 102 3 14 U.S.C. 103 4 14 U.S.C. 105 5 14 U.S.C. 106 41 14 U.S.C. 301 41a 14 U.S.C. 2102 42 14 U.S.C. 2103 44 14 U.S.C. 302 46 14 U.S.C. 303 47 14 U.S.C. 304 50 14 U.S.C. 305 51 14 U.S.C. 306 52 14 U.S.C. 307 53 14 U.S.C. 309 54 14 U.S.C. 310 56 14 U.S.C. 308 57 14 U.S.C. 312 58 14 U.S.C. 313 59 14 U.S.C. 314 60 14 U.S.C. 315 81 14 U.S.C. 541 83 14 U.S.C. 542 84 14 U.S.C. 543 85 14 U.S.C. 544 86 14 U.S.C. 545 87 14 U.S.C. 561 88 14 U.S.C. 521 89 14 U.S.C. 522 90 14 U.S.C. 716 91 14 U.S.C. 527 92 14 U.S.C. 501 93 14 U.S.C. 504 94 14 U.S.C. 715 95 14 U.S.C. 525 96 14 U.S.C. 1153 97 14 U.S.C. 1154 98 14 U.S.C. 316 99 14 U.S.C. 523 100 14 U.S.C. 524 101 14 U.S.C. 562 102 14 U.S.C. 717 103 14 U.S.C. 563 104 14 U.S.C. 528 141 14 U.S.C. 701 142 14 U.S.C. 702 143 14 U.S.C. 703 144 14 U.S.C. 704 145 14 U.S.C. 705 146 14 U.S.C. 706 147 14 U.S.C. 707 147a 14 U.S.C. 708 148 14 U.S.C. 709 149 14 U.S.C. 710 150 14 U.S.C. 711 151 14 U.S.C. 712 152 14 U.S.C. 713 153 14 U.S.C. 507 154 14 U.S.C. 714 181 14 U.S.C. 1901 181a 14 U.S.C. 1926 183 14 U.S.C. 1927 184 14 U.S.C. 1928 185 14 U.S.C. 1929 186 14 U.S.C. 1941 187 14 U.S.C. 1942 188 14 U.S.C. 1943 189 14 U.S.C. 1944 190 14 U.S.C. 1945 191 14 U.S.C. 1946 192 14 U.S.C. 1947 194 14 U.S.C. 1903 195 14 U.S.C. 1923 196 14 U.S.C. 1904 197 14 U.S.C. 1930 199 14 U.S.C. 1948 200 14 U.S.C. 1902 211 14 U.S.C. 2101 214 14 U.S.C. 2104 215 14 U.S.C. 2105 251 14 U.S.C. 2106 252 14 U.S.C. 2107 253 14 U.S.C. 2108 254 14 U.S.C. 2109 255 14 U.S.C. 2110 256 14 U.S.C. 2111 256a 14 U.S.C. 2112 257 14 U.S.C. 2113 258 14 U.S.C. 2115 259 14 U.S.C. 2116 260 14 U.S.C. 2117 261 14 U.S.C. 2118 262 14 U.S.C. 2119 263 14 U.S.C. 2120 271 14 U.S.C. 2121 272 14 U.S.C. 2122 273 14 U.S.C. 2123 274 14 U.S.C. 2124 275 14 U.S.C. 2125 276 14 U.S.C. 2126 281 14 U.S.C. 2141 282 14 U.S.C. 2142 283 14 U.S.C. 2143 284 14 U.S.C. 2144 285 14 U.S.C. 2145 286 14 U.S.C. 2146 286a 14 U.S.C. 2147 287 14 U.S.C. 2148 288 14 U.S.C. 2149 289 14 U.S.C. 2150 290 14 U.S.C. 2151 291 14 U.S.C. 2152 292 14 U.S.C. 2153 293 14 U.S.C. 2154 294 14 U.S.C. 2155 295 14 U.S.C. 2156 296 14 U.S.C. 2157 321 14 U.S.C. 2158 322 14 U.S.C. 2159 323 14 U.S.C. 2160 324 14 U.S.C. 2161 325 14 U.S.C. 2162 326 14 U.S.C. 2163 327 14 U.S.C. 2164 331 14 U.S.C. 2127 332 14 U.S.C. 2128 333 14 U.S.C. 2165 334 14 U.S.C. 2501 335 14 U.S.C. 2181 336 14 U.S.C. 317 350 14 U.S.C. 2301 351 14 U.S.C. 2302 352 14 U.S.C. 2303 353 14 U.S.C. 2304 354 14 U.S.C. 2305 355 14 U.S.C. 2306 357 14 U.S.C. 2307 359 14 U.S.C. 2308 360 14 U.S.C. 2309 361 14 U.S.C. 2310 362 14 U.S.C. 2311 365 14 U.S.C. 2312 366 14 U.S.C. 2313 367 14 U.S.C. 2314 369 14 U.S.C. 2315 370 14 U.S.C. 2316 371 14 U.S.C. 2317 372 14 U.S.C. 2318 373 14 U.S.C. 2129 374 14 U.S.C. 2319 421 14 U.S.C. 2502 422 14 U.S.C. 2503 423 14 U.S.C. 2504 424 14 U.S.C. 2505 424a 14 U.S.C. 2506 425 14 U.S.C. 2507 426 14 U.S.C. 2508 427 14 U.S.C. 2509 428 14 U.S.C. 2510 429 14 U.S.C. 2182 430 14 U.S.C. 2511 431 14 U.S.C. 2512 432 14 U.S.C. 2531 461 14 U.S.C. 2769 467 14 U.S.C. 2513 468 14 U.S.C. 2701 469 14 U.S.C. 2702 470 14 U.S.C. 2770 471 14 U.S.C. 2771 472 14 U.S.C. 2772 475 14 U.S.C. 2943 476 14 U.S.C. 2703 477 14 U.S.C. 2704 478 14 U.S.C. 2773 479 14 U.S.C. 2774 480 14 U.S.C. 2775 481 14 U.S.C. 2776 482 14 U.S.C. 2705 483 14 U.S.C. 2706 484 14 U.S.C. 2707 485 14 U.S.C. 2708 486 14 U.S.C. 2777 487 14 U.S.C. 2709 488 14 U.S.C. 2778 491 14 U.S.C. 2732 491a 14 U.S.C. 2735 492 14 U.S.C. 2736 492a 14 U.S.C. 2737 492b 14 U.S.C. 2738 493 14 U.S.C. 2739 494 14 U.S.C. 2740 496 14 U.S.C. 2741 497 14 U.S.C. 2742 498 14 U.S.C. 2743 499 14 U.S.C. 2731 500 14 U.S.C. 2744 501 14 U.S.C. 2745 502 14 U.S.C. 2746 503 14 U.S.C. 2747 504 14 U.S.C. 2733 505 14 U.S.C. 2734 507 14 U.S.C. 2710 508 14 U.S.C. 2711 509 14 U.S.C. 2761 510 14 U.S.C. 2762 511 14 U.S.C. 2763 512 14 U.S.C. 2764 513 14 U.S.C. 2765 516 14 U.S.C. 2748 517 14 U.S.C. 2766 518 14 U.S.C. 2767 519 14 U.S.C. 2768 520 14 U.S.C. 506 531 14 U.S.C. 2901 532 14 U.S.C. 2902 541 14 U.S.C. 2903 542 14 U.S.C. 2904 543 14 U.S.C. 2905 544 14 U.S.C. 2906 551 14 U.S.C. 2921 552 14 U.S.C. 2922 553 14 U.S.C. 2923 554 14 U.S.C. 2924 555 14 U.S.C. 2925 561 14 U.S.C. 1101 562 14 U.S.C. 1102 563 14 U.S.C. 1104 564 14 U.S.C. 1105 565 14 U.S.C. 1106 566 14 U.S.C. 1108 567 14 U.S.C. 1109 569 14 U.S.C. 1110 571 14 U.S.C. 1131 572 14 U.S.C. 1132 573 14 U.S.C. 1133 574 14 U.S.C. 1134 575 14 U.S.C. 1135 576 14 U.S.C. 1136 577 14 U.S.C. 1152 578 14 U.S.C. 1103 579 14 U.S.C. 1107 581 14 U.S.C. 1171 631 14 U.S.C. 502 632 14 U.S.C. 505 633 14 U.S.C. 503 635 14 U.S.C. 931 636 14 U.S.C. 932 637 14 U.S.C. 526 638 14 U.S.C. 933 639 14 U.S.C. 934 640 14 U.S.C. 935 641 14 U.S.C. 901 642 14 U.S.C. 546 643 14 U.S.C. 547 644 14 U.S.C. 2712 645 14 U.S.C. 936 646 14 U.S.C. 937 647 14 U.S.C. 938 648 14 U.S.C. 939 649 14 U.S.C. 940 650 14 U.S.C. 941 652 14 U.S.C. 104 653 14 U.S.C. 902 654 14 U.S.C. 942 655 14 U.S.C. 943 656 14 U.S.C. 903 657 14 U.S.C. 1155 658 14 U.S.C. 944 659 14 U.S.C. 945 660 14 U.S.C. 2779 664 14 U.S.C. 946 665 14 U.S.C. 1151 666 14 U.S.C. 904 667 14 U.S.C. 947 668 14 U.S.C. 948 669 14 U.S.C. 949 670 14 U.S.C. 905 671 14 U.S.C. 906 672 14 U.S.C. 907 672a 14 U.S.C. 908 673 14 U.S.C. 950 674 14 U.S.C. 909 675 14 U.S.C. 910 676 14 U.S.C. 911 676a 14 U.S.C. 912 677 14 U.S.C. 913 678 14 U.S.C. 951 679 14 U.S.C. 5105 680 (added by Pub. L. 104324 14 U.S.C. 2941 680 (added by Pub. L. 113281 14 U.S.C. 2944 681 (added by Pub. L. 104324 14 U.S.C. 2942 681 (added by Pub. L. 114120 14 U.S.C. 914 685 14 U.S.C. 2945 687 14 U.S.C. 2946 688 14 U.S.C. 2947 701 14 U.S.C. 3701 702 14 U.S.C. 3702 703 14 U.S.C. 3703 704 14 U.S.C. 3704 705 14 U.S.C. 3705 706 14 U.S.C. 3706 707 14 U.S.C. 3707 708 14 U.S.C. 3708 709 14 U.S.C. 3709 709a 14 U.S.C. 3710 710 14 U.S.C. 3711 711 14 U.S.C. 3712 712 14 U.S.C. 3713 713 14 U.S.C. 3714 720 14 U.S.C. 3731 721 14 U.S.C. 3732 722 14 U.S.C. 3733 723 14 U.S.C. 3734 724 14 U.S.C. 3735 725 14 U.S.C. 3736 726 14 U.S.C. 3737 727 14 U.S.C. 3738 728 14 U.S.C. 3739 729 14 U.S.C. 3740 730 14 U.S.C. 3741 731 14 U.S.C. 3742 732 14 U.S.C. 3743 733 14 U.S.C. 3744 734 14 U.S.C. 3745 735 14 U.S.C. 3746 736 14 U.S.C. 3747 737 14 U.S.C. 3748 738 14 U.S.C. 3749 739 14 U.S.C. 3750 740 14 U.S.C. 3751 741 14 U.S.C. 3752 742 14 U.S.C. 3753 743 14 U.S.C. 3754 744 14 U.S.C. 3755 745 14 U.S.C. 3756 746 14 U.S.C. 3757 821 14 U.S.C. 3901 822 14 U.S.C. 3902 823 14 U.S.C. 3903 823a 14 U.S.C. 3904 824 14 U.S.C. 3905 825 14 U.S.C. 3906 826 14 U.S.C. 3907 827 14 U.S.C. 3908 828 14 U.S.C. 3909 829 14 U.S.C. 3910 830 14 U.S.C. 3911 831 14 U.S.C. 3912 832 14 U.S.C. 3913 891 14 U.S.C. 4101 892 14 U.S.C. 4102 893 14 U.S.C. 4103 894 14 U.S.C. 4104 2701 14 U.S.C. 4901 2702 14 U.S.C. 4902 2703 14 U.S.C. 4903 2704 14 U.S.C. 4904 2901 14 U.S.C. 5101 2902 14 U.S.C. 5102 2903 14 U.S.C. 5103 2904 14 U.S.C. 5104 2905 14 U.S.C. 5106 2906 14 U.S.C. 5107       Table Showing Disposition of All Sections of Former Title  Title 14 Former Sections Title 14 New Sections  1 1, 3, 4(a), (b) 2 467 2a Elim. 3 3, 571 3a 481, 465, 488, 576 4 Rep. 5 41 5a6 Rep. 6a 42 6b 47, 222, 462 6c 225 6d 224(c) 6e, 6f 433(a), (b) 7 4(c) 8 Rep. 9 41, 43 10 Rep. 10a 224(c), 226 10b10f Rep. 10g 432(a) 10h 432(b) 10i Rep. 11 44, 45 11a 47, 48 12 47, 48 12a Rep. 13 485(b) 14 Rep. 15 182, 183 15a 184 15a1 182, 185 15b 187, 188 15c 187, 189 15d 186 15e 191 15f 190 15g 193 15h 194 15i 192 15j Rep. 15k 476 16 223 16a, 16b Rep. 16c 223 17 223 18 223, 224 19, 19a, 20 Rep. 20a 228, 461 20a1 228 20a2 301 20b Rep. 20c 228 21 41, 225 21a 228, 301 21b 433(c) 22 632 23 352 24 Rep. 25 182 26 636 27 636 28 92(b), 144(a), 145(a) 29 88, 92(c), 93(b) 30 485(a) 31 144(b), 145(b) 31a 144(c) 31b 93(k) 31c 151 32, 33 (See former 131, 132) 34 632 341 T. 34  450b1 34a Rep. 35 351, 365, 367 35a 351, 367 35b 366 35c 367 35d 433(d) 36 651 37 651 38 Rep. 39 484 40, 40a Rep. 41 505 41a 504 42 145(a) 43 (See former 127) 43a 641(a) 44 Rep. 45 89(a) 46 89(b) 47 89(c) 48 634(a) 48a 91 49 148 50 432(c) 50a Rep. in part, elim. in part 50b 640 50c 643 50d T. 37  31a. 50e 433(e). 50f50j T. 5  150p150t 50k 90(a) 50 l 90(b) 50m 81 50n 82 50 o 81 51 89, 92(i) 52 89, 93(a) 53 88, 93(a) 54 93(c) 55 88, 93, (d) 56 Rep. 57 145(a) 58 632 59 Rep. 60 88 61 88(a) 62 88 63 88 64 638 65 Rep. 66 89 67 89 68 637 69 92(d), 93(h) 70 Rep. 71 646 7274 Rep. 91 93(d), 632 92 633 93 92(c), 93(b) 94 92(c), 93(h) 95 92(a), 93(b) 96 92(f) 97 93(b), (c) 98 Rep. 98a 92(c), 93(b) 99 632 100102 Rep. 103 632 104 88(a), 89(b) 105107 Rep. 108 93(h), (i) 109 92(d), 93(h), (i) 110 93(m) 111 93(e) 112 93(b), (c) 121 461 121a121c Rep. 121d 433(h) 122127 Rep. 127a Elim. 128 Rep. 129 464 130, 130a Elim. 131 92(i) 132 479 132a, 133 Rep. 133a 475 134 478(b) 135 478 136 Rep. 136a 466 137 Rep. 138 472 141 562 142 561 143 563, 564, 566, 567 144 569(a) 145 569(b) 146 570 147 575, 644 148 482 161 46 161a 49 162 49 162a 230, 232, 243, 303, 313, 423 162b T. 34  428 163 Rep. 164, 165 240, 310 165a 241, 311 165b 240, 241, 310, 311 166 Rep. 167 423 167a T. 37  26a 167b Rep. 167b1 Elim. 167b2 483 167b3 Elim. 167c T. 34  399c1 168 246, 315, 364 169 233, 241, 306, 311, 356 170 425, 635 171 234 172 233, 245, 306, 314, 356, 363 173 230, 303, 353 174 421(b) 174a 239, 309 175 231, 304, 354, 424 175a 238, 244 175b 235 175c 423 175d175f Rep. 176, 177 Rep. 178 431(a) 178a 431(b) 178b 431(c) 179 Rep. 180 432(d) 181 432(e) 182 433(f) 183 433(g) 185 357(a) 185a 355 185b 358 185c 359, 360 185d 357(a), (c), 423 185e 633 186 755(e) 191 Rep. 192 93(m) 193196 500 201 226 202 Rep. 203 226(a) 204 226(a), 227 205 Rep. 206 302, 351 207, 208 Rep. 251259 Rep. 260 821 261 822 262 823 263 821 264 825 265 826 266 827 266a 828 266b 829 267 830 268 831 269 Rep. 270 832 271 893 301 751 302 752 303 754 304 751 305 753, 754 306 755 307 756 308 757 309 758 310 759 311 755(c) 312 760 313 761 314, 315 Rep. 351 753, 823 352 891, 892 353 Rep. 354 894 381388 Rep. Statutory Notes and Related Subsidiaries Positive Law; Citation This title has been enacted into positive law by act Aug. 4, 1949, ch. 393,  1 63 Stat. 495 Title 14 of the United States Code, entitled Coast Guard, is hereby revised, codified, and enacted into law, and may be cited as 14 U.S.C.,  .  Effective Date Act Aug. 4, 1949, ch. 393,  19 63 Stat. 561 This Act shall take effect on the first day of the third month after approval by the President but shall not affect any proceedings commenced by or against any person prior to the effective date of this Act. Repeals Act Aug. 4, 1949, ch. 393,  20 63 Stat. 561 Construction of Title I of Pub. L. 115282 Pub. L. 115282, title I,  124 Dec. 4, 2018 132 Stat. 4241  This title [see Tables for Classification], including the amendments made by this title, is intended only to reorganize title 14, United States Code, and may not be construed to alter (1) the effect of a provision of title 14, United States Code, including any authority or requirement therein; (2) a department or agency interpretation with respect to title 14, United States Code; or (3) a judicial interpretation with respect to title 14, United States Code. Legislative Construction of 1949 Enactment of Title 14 Act Aug. 4, 1949, ch. 393,  3 63 Stat. 557 No inference of a legislative construction is to be drawn by reason of the chapter in Title 14, Coast Guard, as set out in section 1 of this Act, in which any section is placed, nor by reason of the catch lines used in such title. Separability Act Aug. 4, 1949, ch. 393,  2 63 Stat. 557 If any part of Title 14, United States Code, as enacted by section 1 of this Act, shall be held invalid the remainder of such title shall not be affected thereby. References to Sections of Title 14 as Redesignated by Pub. L. 115282 Pub. L. 115282, title I,  123(a) Dec. 4, 2018 132 Stat. 4240  (a)  Definitions In this section [see Tables for classification], the following definitions apply: (1)  Redesignated section The term redesignated section means a section of title 14, United States Code, that is redesignated by this title [see Tables for classification], as that section is so redesignated. (2)  Source section The term source section means a section of title 14, United States Code, that is redesignated by this title, as that section was in effect before the redesignation. (b)  Reference to Source Section. (1)  Treatment of reference A reference to a source section, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding redesignated section. Orders, Rules, and Regulations Act Aug. 4, 1949, ch. 393,  4 63 Stat. 558 All orders, rules, and regulations of the Coast Guard in effect under provisions of law superseded or amended by this Act shall, to the extent they would have been authorized under this Act, remain in force and effect as the regulations and orders under the provisions of this Act and shall be administered and enforced under this Act as nearly as may be until specifically repealed, amended, or revised. Reduction in Grade, Rank, Pay, Allowances, and Benefits Act Aug. 4, 1949, ch. 393,  5 63 Stat. 558 Nothing contained in this Act shall operate to abolish or reduce the grade, rank, rating, pay, allowances, or other benefits to which any person in the Coast Guard is entitled on the effective date of this Act. SUBTITLE I ESTABLISHMENT, POWERS, DUTIES, AND ADMINISTRATION    Chap. Sec.  1. Establishment and Duties 101  3. Composition and Organization 301  5. Functions and Powers 501  7. Cooperation 701  9. Administration 901  11. Acquisitions 1101  Editorial Notes Prior Provisions A prior analysis for part I of this title REGULAR COAST GUARD preceded prior section 1 and consisted of items for chapter 1 Establishment and Duties beginning with section 1, chapter 3 Composition and Organization beginning with section 41, chapter 5 Functions and Powers beginning with section 81, chapter 7 Cooperation With Other Agencies beginning with section 141, chapter 9 Coast Guard Academy beginning with section 181, chapter 11 Personnel beginning with section 211, chapter 13 Pay, Allowances, Awards, and Other Rights and Benefits beginning with section 461, chapter 14 Coast Guard Family Support and Child Care beginning with section 531, chapter 15 Acquisitions beginning with section 561, chapter 17 Administration beginning with section 631, chapter 18 Coast Guard Housing Authorities beginning with section 680, and chapter 19 Environmental Compliance and Restoration Program beginning with section 690, prior to repeal by Pub. L. 115282, title I,  102 Dec. 4, 2018 132 Stat. 4195 Amendments 2018 Pub. L. 115282, title I,  102 Dec. 4, 2018 132 Stat. 4195 CHAPTER 1 ESTABLISHMENT AND DUTIES    Sec.  101. Establishment of Coast Guard.  102. Primary duties.  103. Department in which the Coast Guard operates.  104. Removing restrictions.  105. Secretary defined.  106. Commandant defined.  Editorial Notes Prior Provisions A prior analysis for chapter 1 ESTABLISHMENT AND DUTIES consisted of items 1 Establishment of Coast Guard, 2 Primary duties, 3 Department in which the Coast Guard operates, 4 Secretary defined, and 5 Commandant defined, prior to repeal by Pub. L. 115282, title I,  103(a) Dec. 4, 2018 132 Stat. 4195 Amendments 2018 Pub. L. 115282, title I,  103(a) Dec. 4, 2018 132 Stat. 4195  101. Establishment of Coast Guard  The Coast Guard, established January 28, 1915 ( Aug. 4, 1949, ch. 393 63 Stat. 496 Pub. L. 94546,  1(1) Oct. 18, 1976 90 Stat. 2519 Pub. L. 107296, title XVII,  1704(a) Nov. 25, 2002 116 Stat. 2314 Pub. L. 112213, title II,  217(1) Dec. 20, 2012 126 Stat. 1555 Pub. L. 115282, title I,  103(b) Dec. 4, 2018 132 Stat. 4195  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  1 ( Jan. 28, 1915, ch. 20,  1 38 Stat. 800 July 11, 1941, ch. 290 55 Stat. 585 Said section has been divided. Provisions relating to operation under the Navy in time of war are placed in sections 3 and 4 of this title, and the remainder is in this section. This section continues the Coast Guard as a military service and branch of the armed forces of the United States at all times. By the act of July 11, 1941 55 Stat. 585 Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Prior Provisions A prior section 101 was renumbered section 562 of this title For redesignation of prior sections 1 to 100 not listed below as having been previously repealed or omitted, see Table Showing Redesignations Made by Title I of Pub. L. 115282 A prior section 5, act Aug. 4, 1949, ch. 393 63 Stat. 497 Pub. L. 112213, title II,  217(1) Dec. 20, 2012 126 Stat. 1555 section 105 of this title A prior section 43, act Aug. 4, 1949, ch. 393 63 Stat. 498 act Aug. 10, 1956, ch. 1041,  53 70A Stat. 641 section 741 of Title 10 A prior section 45, act Aug. 4, 1949, ch. 393 63 Stat. 498 Pub. L. 86474,  1(4) May 14, 1960 74 Stat. 144 Prior sections 48 and 49 were repealed by Pub. L. 86474,  1(7) May 14, 1960 74 Stat. 145 Section 48, act Aug. 4, 1949, ch. 393 63 Stat. 499 Section 49, act Aug. 4, 1949, ch. 393 63 Stat. 499 A prior section 50a, added Pub. L. 103206, title II,  205(b)(1) Dec. 20, 1993 107 Stat. 2422 Pub. L. 111281, title V,  511(b) Oct. 15, 2010 124 Stat. 2952 A prior section 55, added Pub. L. 111281, title II,  214(a) Oct. 15, 2010 124 Stat. 2915 Pub. L. 112213, title II,  216(a) Dec. 20, 2012 126 Stat. 1555 A prior section 82, act Aug. 4, 1949, ch. 393 63 Stat. 500 Sept. 3, 1954, ch. 1263,  31 68 Stat. 1237 Pub. L. 85726, title XIV,  1404 Aug. 23, 1958 72 Stat. 808 Pub. L. 89662,  2 Oct. 14, 1966 80 Stat. 912 Pub. L. 94546,  1(4) Oct. 18, 1976 90 Stat. 2519 Pub. L. 97295,  2(3) Oct. 12, 1982 96 Stat. 1301 Pub. L. 99640,  10(a)(3) Nov. 10, 1986 100 Stat. 3549 Pub. L. 103272,  5(d) July 5, 1994 108 Stat. 1373 Pub. L. 104201, div. A, title XI,  1122(c) Sept. 23, 1996 110 Stat. 2687 Pub. L. 112213, title II,  216(b) Dec. 20, 2012 126 Stat. 1555 A prior section 87, act Aug. 4, 1949, ch. 393,  1 63 Stat. 501 Pub. L. 94546,  1(6) Oct. 18, 1976 90 Stat. 2519 A prior section 90, act Aug. 4, 1949, ch. 393 63 Stat. 502 Pub. L. 85726, title XIV,  1404 Aug. 23, 1958 72 Stat. 808 Pub. L. 94546,  1(8) Oct. 18, 1976 90 Stat. 2519 Pub. L. 112213, title II,  216(c) Dec. 20, 2012 126 Stat. 1555 Amendments 2018 Pub. L. 115282 section 1 of this title 2012 Pub. L. 112213 January 28, 1915 2002 Pub. L. 107296 1976 Pub. L. 94546 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Short Title of 2021 Amendment Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4681 This subtitle [subtitle E ( 82718278) of title LVXXXII [LXXXII] of div. G of Pub. L. 116283 section 417 of Title 6 section 1903 of this title section 1901 of this title Short Title of 2018 Amendment Pub. L. 115265, title III,  301 Oct. 11, 2018 132 Stat. 3752 This title [enacting provisions set out as a note under section 313 of this title Short Title of 2014 Amendment Pub. L. 113281,  1 Dec. 18, 2014 128 Stat. 3022 This Act [see Tables for classification] may be cited as the Howard Coble Coast Guard and Maritime Transportation Act of 2014. Short Title of 2012 Amendment Pub. L. 112213,  1(a) Dec. 20, 2012 126 Stat. 1540 This Act [see Tables for classification] may be cited as the Coast Guard and Maritime Transportation Act of 2012. Short Title of 2010 Amendment Pub. L. 111281, title V,  501 Oct. 15, 2010 124 Stat. 2951 This title [enacting sections 57 to 59, 102, and 200 of this title and section 2116 of Title 46 section 3309 of Title 46 section 50a of this title section 50 of this title Short Title of 2006 Amendment Pub. L. 109241,  1 July 11, 2006 120 Stat. 516 This Act [see Tables for classification] may be cited as the Coast Guard and Maritime Transportation Act of 2006. Short Title of 2004 Amendment Pub. L. 108293,  1 Aug. 9, 2004 118 Stat. 1028 This Act [see Tables for classification] may be referred to as the Coast Guard and Maritime Transportation Act of 2004. Short Title of 2002 Amendment Pub. L. 107295, title III,  301 Nov. 25, 2002 116 Stat. 2102 This title [amending sections 259, 260, 271, 336, and 511 of this title, sections 1203, 1231a, 2073, 2302, and 2752 of Title 33, Navigation and Navigable Waters, and sections 2110, 2302, 4508, 7302, 8701, and 13110 of Title 46, Shipping, and enacting provisions set out as notes under sections 88 and 92 of this title and section 1113 of Title 33 Pub. L. 107295, title IV,  401 Nov. 25, 2002 116 Stat. 2113 This title [see Tables for classification] may be cited as the Omnibus Maritime and Coast Guard Improvements Act of 2002.  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 section 542 of Title 6 Coast Guard transferred to Department of Transportation and all functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other offices and officers of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89670,  6(b)(1) Oct. 15, 1966 80 Stat. 931 Section 6(b)(2) of Pub. L. 89670 section 3 of this title section 108 of Title 49 Designation of Coast Guard Headquarters Building Pub. L. 11331 Aug. 9, 2013 127 Stat. 511  SECTION 1. DESIGNATION. The headquarters building of the Coast Guard on the campus located at 2701 Martin Luther King, Jr., Avenue Southeast in the District of Columbia shall be known and designated as the Douglas A. Munro Coast Guard Headquarters Building. SEC. 2. REFERENCES. Any reference in a law, map, regulation, document, paper, or other record of the United States to the building referred to in section 1 shall be deemed to be a reference to the Douglas A. Munro Coast Guard Headquarters Building.  102. Primary duties The Coast Guard shall (1) enforce or assist in the enforcement of all applicable Federal laws on, under, and over the high seas and waters subject to the jurisdiction of the United States; (2) engage in maritime air surveillance or interdiction to enforce or assist in the enforcement of the laws of the United States; (3) administer laws and promulgate and enforce regulations for the promotion of safety of life and property on and under the high seas and waters subject to the jurisdiction of the United States, covering all matters not specifically delegated by law to some other executive department; (4) develop, establish, maintain, and operate, with due regard to the requirements of national defense, aids to maritime navigation, icebreaking facilities, and rescue facilities for the promotion of safety on, under, and over the high seas and waters subject to the jurisdiction of the United States; (5) pursuant to international agreements, develop, establish, maintain, and operate icebreaking facilities on, under, and over waters other than the high seas and waters subject to the jurisdiction of the United States; (6) engage in oceanographic research of the high seas and in waters subject to the jurisdiction of the United States; and (7) maintain a state of readiness to assist in the defense of the United States, including when functioning as a specialized service in the Navy pursuant to section 103. ( Aug. 4, 1949, ch. 393 63 Stat. 496 Pub. L. 87396,  1 Oct. 5, 1961 75 Stat. 827 Pub. L. 91278,  1(1) June 12, 1970 84 Stat. 304 Pub. L. 93519 Dec. 13, 1974 88 Stat. 1659 Pub. L. 99640,  6 Nov. 10, 1986 100 Stat. 3547 Pub. L. 100448,  17 Sept. 28, 1988 102 Stat. 1845 Pub. L. 100690, title VII,  7403 Nov. 18, 1988 102 Stat. 4484 Pub. L. 112213, title II,  217(1) Dec. 20, 2012 126 Stat. 1556 Pub. L. 115282, title I,  103(b) Dec. 4, 2018 132 Stat. 4195  Historical and Revision Notes This section defines in general terms, for the first time in any statute, all the primary duties of the Coast Guard. It is derived from title 14, U.S.C., 1946 ed.,  45, 50k50 o June 23, 1874, ch. 455,  1 18 Stat. 220 June 18, 1878, ch. 265,  4 20 Stat. 163 July 5, 1884, ch. 221,  2 23 Stat. 118 Feb. 14, 1903, ch. 552,  10 32 Stat. 829 Apr. 19, 1906, ch. 1640 34 Stat. 123 May 12, 1906, ch. 2454 34 Stat. 190 June 17, 1910, ch. 301 36 Stat. 538 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 June 24, 1914, ch. 124 38 Stat. 387 Mar. 3, 1915, ch. 81,  5 38 Stat. 927 Aug. 29, 1916, ch. 417 39 Stat. 1820 May 22, 1926, ch. 371,  6 44 Stat. 626 June 30, 1932, ch. 314,  501 47 Stat. 415 May 27, 1936, ch. 463,  1 49 Stat. 1380 Aug. 16, 1937, ch. 665,  3 50 Stat. 667 Feb. 19, 1941, ch. 8 55 Stat. 9 July 11, 1941, ch. 290,  7 55 Stat. 585 Nov. 23, 1942, ch. 639,  2(2) 56 Stat. 102 Sept. 30, 1944, ch. 453,  1 58 Stat. 759 June 22, 1948, ch. 600 62 Stat. 574 June 26, 1948, ch. 672 62 Stat. 1050 This section contains a codification of functions. It sets forth in general language the primary responsibilities of the Coast Guard: enforcement of all Federal laws on waters to which they have application, safety of life and property at sea, aiding navigation, and readiness to function with the Navy. Having been created in 1915 by the consolidation of the Revenue Cutter Service and the Life Saving Service, the Coast Guard has gradually been given additional duties and responsibilities, such as the assignment of law enforcement powers on the high seas and navigable waters in 1936, the transfer of the Lighthouse Service in 1939, and the transfer of the Bureau of Marine Inspection and Navigation in 1942. Existing along with these other duties has been that of maintaining a state of readiness as a specialized service prepared for active participation with the Navy in time of war. These various interdependent functions of the Service have not been expressed collectively in any statute heretofore, but it is believed desirable to do so in this revision in order to have outlined in general terms in one section the broad scope of the functions of the Coast Guard. 81st Congress, House Report No. 557. Editorial Notes Prior Provisions A prior section 102 was renumbered section 717 of this title Amendments 2018 Pub. L. 115282,  103(b) section 2 of this title Par. (7). Pub. L. 115282,  302 2012 Pub. L. 112213 1988 Pub. L. 100690 Pub. L. 100448 1986 Pub. L. 99640 1974 Pub. L. 93519 1970 Pub. L. 91278 1961 Pub. L. 87396 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 section 542 of Title 6  103. Department in which the Coast Guard operates (a)  In General The Coast Guard shall be a service in the Department of Homeland Security, except when operating as a service in the Navy. (b)  Transfers Upon the declaration of war if Congress so directs in the declaration or when the President directs, the Coast Guard shall operate as a service in the Navy, and shall so continue until the President, by Executive order, transfers the Coast Guard back to the Department of Homeland Security. While operating as a service in the Navy, the Coast Guard shall be subject to the orders of the Secretary of the Navy, who may order changes in Coast Guard operations to render them uniform, to the extent such Secretary deems advisable, with Navy operations. (c)  Operation as a Service in the Navy Whenever the Coast Guard operates as a service in the Navy (1) applicable appropriations of the Navy Department shall be available for the expense of the Coast Guard; (2) applicable appropriations of the Coast Guard shall be available for transfer to the Navy Department; (3) precedence between commissioned officers of corresponding grades in the Coast Guard and the Navy shall be determined by the date of rank stated by their commissions in those grades; (4) personnel of the Coast Guard shall be eligible to receive gratuities, medals, and other insignia of honor on the same basis as personnel in the naval service or serving in any capacity with the Navy; and (5) the Secretary may place on furlough any officer of the Coast Guard and officers on furlough shall receive one half of the pay to which they would be entitled if on leave of absence, but officers of the Coast Guard Reserve shall not be so placed on furlough. ( Aug. 4, 1949, ch. 393 63 Stat. 496 Pub. L. 94546,  1(2) Oct. 18, 1976 90 Stat. 2519 Pub. L. 107296, title XVII,  1704(a) Nov. 25, 2002 116 Stat. 2314 Pub. L. 109241, title II,  211 July 11, 2006 120 Stat. 523 Pub. L. 112213, title II,  217(1) Dec. 20, 2012 126 Stat. 1556 Pub. L. 115282, title I,  103(b) Dec. 4, 2018 132 Stat. 4195  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  1 ( Jan. 28, 1915, ch. 20,  1 38 Stat. 800 July 11, 1941, ch. 290 55 Stat. 585 Said section has been divided. The provisions relating to when the Coast Guard operates as a service in the Navy are in this section. The provisions relating to the establishment of the Coast Guard are placed in section 1 of this title section 4 of this title Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Prior Provisions A prior section 103 was renumbered section 563 of this title Amendments 2018 Pub. L. 115282 section 3 of this title 2012 Pub. L. 112213 2006 Pub. L. 109241 2002 Pub. L. 107296 1976 Pub. L. 94546 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10  104. Removing restrictions  Any law removing for the duration of a war or national emergency proclaimed by the President any restriction contained in any then-existing law as applied to the Navy, including, but not limited to, restrictions relating to the manner in which purchases may be made and contracts awarded, fiscal operations, and personnel, shall, in the same manner and to the same extent, remove such restrictions as applied to the Coast Guard. ( Aug. 4, 1949, ch. 393 63 Stat. 550 Pub. L. 115282, title I,  103(b) Dec. 4, 2018 132 Stat. 4195  Historical and Revision Notes This section is new and provides that any law removing for the duration of a war or national emergency any restriction contained in any then-existing law as applied to the Navy shall operate in the same manner to remove such restrictions as applied to the Coast Guard. Included are restrictions relating to the manner in which purchases may be made and contracts awarded, fiscal operations, and personnel. This provision is designed to enable the Coast Guard to operate as efficiently as the Navy Department in time of war or during a national emergency and would permit the Coast Guard more effectively to maintain itself in a state of military readiness during periods of emergency. Since the Coast Guard operates as part of the Navy in time of war, it is essential that its operations be as flexible and as efficient as those of the Department of which it is to be a part. This section would prevent inadvertent failures specifically to mention the Coast Guard in legislation of the type described in this section from hindering service operations. 81st Congress, House Report No. 557. Editorial Notes Prior Provisions A prior section 104 was renumbered section 528 of this title Amendments 2018 Pub. L. 115282 section 652 of this title  105. Secretary defined  In this title, the term Secretary means the Secretary of the respective department in which the Coast Guard is operating. ( Aug. 4, 1949, ch. 393 63 Stat. 497 May 5, 1950, ch. 169,  14(u) 64 Stat. 148 Pub. L. 89444,  1(1) June 9, 1966 80 Stat. 195 Pub. L. 112213, title II,  217(1) Dec. 20, 2012 126 Stat. 1557 Pub. L. 115282, title I,  103(b) Dec. 4, 2018 132 Stat. 4195  Historical and Revision Notes Subsections (a) and (b) are based on title 14, U.S.C., 1946 ed.,  1 ( Jan. 28, 1915, ch. 20,  1 38 Stat. 800 July 11, 1941, ch. 290 55 Stat. 585 Said section has been divided. The provisions relating to appropriations are in this section. The provisions relating to establishment of the Coast Guard are placed in section 1 of this title section 3 of this title The substantive changes relating to the availability of appropriations when the Coast Guard is transferred to the Navy were suggested by the Bureau of the Budget ( July 11, 1941, ch. 290,  6 55 Stat. 585 Subsection (c) is based on title 14, U.S.C., 1946 ed.,  7 ( Aug. 29, 1916, ch. 417 39 Stat. 600 Subsection (d) is derived from title 34, U.S.C., 1946 ed.,  355 to 356b ( Feb. 4, 1919, ch. 14 40 Stat. 1056 Aug. 7, 1942, ch. 551,  1 56 Stat. 743 Said sections authorized medals for presentation ... to any person who, while serving in any capacity with the Navy of the United States . . .; inasmuch as this language includes the Coast Guard when it is operating under the Navy, this subsection entails no change in existing law. Subsection (e) is based on title 34, U.S.C., 1946 ed.,  228 (R.S. 1442; Feb. 28, 1942, ch. 11 59 Stat. 9 Inasmuch as R.S. 1442 cited above applies to the Navy and Marine Corps as well as the Coast Guard it is not scheduled for repeal but is being amended by section 6 of this act to eliminate reference to the Coast Guard. Subsection (f) is based on title 14, U.S.C., 1946 ed.,  3 ( Aug. 29, 1916, ch. 417 39 Stat. 600 Said section has been divided. The provisions concerning applicability of Navy laws to Coast Guard personnel are placed in this section. The provisions of the provisos of title 14, U.S.C., 1946 ed.,  3 are placed in section 571 of this title Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 4 of this title 2012 Pub. L. 112213 1966 Pub. L. 89444 1950Act May 5, 1950 Statutory Notes and Related Subsidiaries Effective Date of 1950 Amendment Act May 5, 1950, ch. 169,  5 64 Stat. 145 May 31, 1951  106. Commandant defined  In this title, the term Commandant means the Commandant of the Coast Guard. (Added Pub. L. 115232, div. C, title XXXV,  3531(a) Aug. 13, 2018 132 Stat. 2320 Pub. L. 115282, title I,  103(b) Dec. 4, 2018 132 Stat. 4195  Editorial Notes Prior Provisions For redesignation of prior sections 141 to 296 not listed below as having been previously repealed or renumbered, see Table Showing Redesignations Made by Title I of Pub. L. 115282 section 101 of this title A prior section 182, Aug. 4, 1949, ch. 393 63 Stat. 508 Pub. L. 88276,  5(b) Mar. 3, 1964 78 Stat. 153 Pub. L. 89444,  1(8) June 9, 1966 80 Stat. 195 Pub. L. 91278,  1(4) June 12, 1970 84 Stat. 304 Pub. L. 94572,  1 Oct. 21, 1976 90 Stat. 2708 Pub. L. 97295,  2(8) Oct. 12, 1982 96 Stat. 1302 Pub. L. 100448,  12 Sept. 28, 1988 102 Stat. 1843 Pub. L. 109163, div. A, title VI,  687(d) Jan. 6, 2006 119 Stat. 3336 Pub. L. 111281, title IX,  903(b)(4) Oct. 15, 2010 124 Stat. 3011 Pub. L. 11591, div. A, title VI,  618(a)(2) Dec. 12, 2017 131 Stat. 1426 Pub. L. 115282, title I,  110(c)(2) Dec. 4, 2018 132 Stat. 4215 A prior section 193, act Aug. 4, 1949, ch. 393 63 Stat. 510 Pub. L. 94546,  1(16) Oct. 18, 1976 90 Stat. 2520 Pub. L. 97322, title I,  118(b) Oct. 15, 1982 96 Stat. 1586 Pub. L. 100448,  9 Sept. 28, 1988 102 Stat. 1842 Pub. L. 102241,  15 Dec. 19, 1991 105 Stat. 2213 Pub. L. 112213, title II,  216(e) Dec. 20, 2012 126 Stat. 1555 A prior section 198, added Pub. L. 109241, title II,  209(a) July 11, 2006 120 Stat. 522 Pub. L. 112213, title II,  216(f) Dec. 20, 2012 126 Stat. 1555 A prior section 200 was renumbered section 199 of this title section 1948 of this title Prior sections 212 and 213 were repealed by Pub. L. 103337, div. A, title V,  541(f)(5)(A) Oct. 5, 1994 108 Stat. 2767 Oct. 5, 1994 Section 212, added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 177 Pub. L. 98557,  15(a)(3)(B) Oct. 30, 1984 98 Stat. 2865 Section 213, added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 178 Pub. L. 98557,  15(a)(3)(B) Oct. 30, 1984 98 Stat. 2865 A prior section 216, added Pub. L. 109241, title II,  215(a) July 11, 2006 120 Stat. 525 Pub. L. 111281, title II,  209 Oct. 15, 2010 124 Stat. 2912 Prior sections 221 to 248 were repealed by Pub. L. 88130,  1(10)(A) Sept. 24, 1963 77 Stat. 177 Section 221, act Aug. 4, 1949, ch. 393 63 Stat. 512 Section 222, acts Aug. 4, 1949, ch. 393 63 Stat. 512 May 14, 1960 Pub. L. 86474,  1(16) 74 Stat. 146 Section 223, act Aug. 4, 1949, ch. 393 63 Stat. 512 Section 224, act Aug. 4, 1949, ch. 393 63 Stat. 512 Section 225, act Aug. 4, 1949, ch. 393 63 Stat. 513 Section 226, act Aug. 4, 1949, ch. 393 63 Stat. 513 Section 227, acts Aug. 4, 1949, ch. 393 63 Stat. 514 May 5, 1950, ch. 169,  15 64 Stat. 148 Section 228, act Aug. 4, 1949, ch. 393 63 Stat. 514 Section 229, act Aug. 4, 1949, ch. 393 63 Stat. 514 Section 230, acts Aug. 4, 1949, ch. 393 63 Stat. 514 May 29, 1954, ch. 249,  19(h) 68 Stat. 167 Section 231, act Aug. 4, 1949, ch. 393 63 Stat. 514 Section 232, acts Aug. 4, 1949, ch. 393 63 Stat. 514 Aug. 4, 1955, ch. 553,  2 69 Stat. 493 Section 233, act Aug. 4, 1949, ch. 393 63 Stat. 515 act Aug. 3, 1950, ch. 536,  36 64 Stat. 408 Section 234, acts Aug. 4, 1949, ch. 393 63 Stat. 515 Aug. 3, 1950, ch. 536,  5 64 Stat. 406 Section 235, act Aug. 4, 1949, ch. 393 63 Stat. 515 Section 236, act Aug. 4, 1949, ch. 393 63 Stat. 516 Section 237, act Aug. 4, 1949, ch. 393 63 Stat. 516 Section 238, act Aug. 4, 1949, ch. 393 63 Stat. 516 Section 239, acts Aug. 4, 1949, ch. 393 63 Stat. 516 Aug. 3, 1950, ch. 536,  6 64 Stat. 406 Pub. L. 86155,  10(a)(1) Aug. 11, 1959 73 Stat. 338 Nov. 1, 1959 Section 240, acts Aug. 4, 1949, ch. 393 63 Stat. 517 Aug. 3, 1950, ch. 536,  7 64 Stat. 407 Section 241, acts Aug. 4, 1949, ch. 393 63 Stat. 517 Aug. 3, 1950, ch. 536,  8 64 Stat. 407 Section 242, acts Aug. 4, 1949, ch. 393 63 Stat. 517 Aug. 3, 1950, ch. 536,  9 64 Stat. 407 Section 243, acts Aug. 4, 1949, ch. 393 63 Stat. 517 Aug. 3, 1950, ch. 536,  10 64 Stat. 407 Aug. 14, 1957 Pub. L. 85144,  1 71 Stat. 366 Section 244, act Aug. 4, 1949, ch. 393 63 Stat. 517 Section 245, act Aug. 4, 1949, ch. 393 63 Stat. 517 section 1207 of Title 10 act Aug. 3, 1950, ch. 536,  36 64 Stat. 408 Section 246, act Aug. 4, 1949, ch. 393 63 Stat. 518 section 1207 of Title 10 act Aug. 3, 1950, ch. 536,  36 64 Stat. 408 Section 247, added act Aug. 9, 1955, ch. 684,  1(2) 69 Stat. 620 May 14, 1960 Pub. L. 86474,  1(17) 74 Stat. 146 Section 248, added act Aug. 9, 1955, ch. 684,  1(2) 69 Stat. 620 A prior section 277, added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 183 Pub. L. 104324, title II,  210(a) Oct. 19, 1996 110 Stat. 3915 A prior section 293, added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 187 Pub. L. 99348, title II,  205(b)(5) July 1, 1986 100 Stat. 700 Pub. L. 111281, title II,  215(a) Oct. 15, 2010 124 Stat. 2916 Amendments 2018 Pub. L. 115282 section 5 of this title Statutory Notes and Related Subsidiaries  Definitions Pub. L. 117263, div. K,  11002 Dec. 23, 2022 136 Stat. 4003  In this division [div. K ( 1100111808) of Pub. L. 117263 (1)  Commandant The term Commandant means the Commandant of the Coast Guard. (2)  Secretary Except as otherwise provided, the term Secretary means the Secretary of the department in which the Coast Guard is operating. Pub. L. 116283, div. G,  8002 Jan. 1, 2021 134 Stat. 4633 In this division [div. G ( 80018605) of Pub. L. 116283 CHAPTER 3 COMPOSITION AND ORGANIZATION    Sec.  301. Grades and ratings.  302. Commandant; appointment.  303. Retirement of Commandant or Vice Commandant.  304. Vice Commandant; appointment.  305. Vice admirals.  306. Retirement.  307. Vice admirals and admiral, continuity of grade.  308. Chief Acquisition Officer.  309. Office of the Coast Guard Reserve; Director.  310. Chief of Staff to President: appointment.  311. Captains of the port.  312. Prevention and response workforces.  313. Centers of expertise for Coast Guard prevention and response.  314. Marine industry training program.  315. Training for congressional affairs personnel.  316. National Coast Guard Museum.  317. United States Coast Guard Band; composition; director.  318. Environmental Compliance and Restoration Program.  319. Unmanned system program and autonomous control and computer vision technology project.  320. Coast Guard Junior Reserve Officers Training Corps.  321. Congressional affairs; Director.  322. Redistricting notification requirement.  323. Western Alaska Oil Spill Planning Criteria Program.  Editorial Notes Prior Provisions A prior analysis for chapter 3 COMPOSITION AND ORGANIZATION consisted of items 41 Grades and ratings, 41a Active duty promotion list, 42 Number and distribution of commissioned officers on active duty promotion list, 44 Commandant; appointment, 46 Retirement of Commandant or Vice Commandant, 47 Vice Commandant; appointment, 50 Vice admirals, 51 Retirement, 52 Vice admirals and admiral, continuity of grade, 53 Office of the Coast Guard Reserve; Director, 54 Chief of Staff to President: appointment, 56 Chief Acquisition Officer, 57 Prevention and response workforces, 58 Centers of expertise for Coast Guard prevention and response, 59 Marine industry training programs, and 60 Training course on workings of Congress, prior to repeal by Pub. L. 115282, title I,  104(a) Dec. 4, 2018 132 Stat. 4196 Amendments 2022 Pub. L. 117263, div. K, title CXII Dec. 23, 2022 136 Stat. 4025 2021 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4649 2019 Pub. L. 11692, div. A, title V,  519(b) Dec. 20, 2019 133 Stat. 1351 2018 Pub. L. 115282, title I,  104(a) Dec. 4, 2018 132 Stat. 4196  301. Grades and ratings  In the Coast Guard there shall be admirals (two); vice admirals; rear admirals; rear admirals (lower half); captains; commanders; lieutenant commanders; lieutenants; lieutenants (junior grade); ensigns; chief warrant officers; cadets; warrant officers; and enlisted members. Enlisted members shall be distributed in ratings established by the Secretary. ( Aug. 4, 1949, ch. 393 63 Stat. 497 Aug. 10, 1956, ch. 1041 70A Stat. 620 Pub. L. 86474,  1(1) May 14, 1960 74 Stat. 144 Pub. L. 92451,  1(1) Oct. 2, 1972 86 Stat. 755 Pub. L. 97417,  2(1) Jan. 4, 1983 96 Stat. 2085 Pub. L. 98557,  15(a)(3)(B) Oct. 30, 1984 98 Stat. 2865 Pub. L. 99145, title V,  514(a)(2) Nov. 8, 1985 99 Stat. 628 Pub. L. 103337, div. A, title V,  541(f)(4) Oct. 5, 1994 108 Stat. 2766 Pub. L. 114120, title II,  201(a) Feb. 8, 2016 130 Stat. 33 Pub. L. 115282, title I,  104(b) Dec. 4, 2018 132 Stat. 4196  Historical and Revision Notes 1949 Act Based on title 14, U.S.C., 1946 ed.,  5, 9, 21 ( Apr. 12, 1902, ch. 501,  1 32 Stat. 100 Jan. 28, 1915, ch. 20,  2 38 Stat. 801 May 18, 1920, ch. 190,  8 41 Stat. 603 June 5, 1920, ch. 235,  1 41 Stat. 879 Jan. 12, 1923, ch. 25 42 Stat. 1130 July 3, 1926, ch. 742 44 Stat. 815 The grades of vice admiral and rear admiral are added to make provision for the commissioned officer personnel structure of the service as provided for in this revision. The entire rating structure for enlisted men is left to the administrative discretion of the Secretary, as in the past, for reasons of flexibility. The last two paragraphs of said section 5 are obsolete and have been omitted. Changes were made in phraseology. 81st Congress, House Report No. 557.      1956 Act  Revised section Source (U.S. Code) Source (Statutes at Large)  41 14:41. 34:135a(a) (less last sentence, as applicable to temporary appointments). Aug. 4, 1949, ch. 393,  1(41) 63 Stat. 497 May 29, 1954, ch. 249,  3(a) 68 Stat. 157 Editorial Notes Prior Provisions A prior section 301, act Aug. 4, 1949, ch. 393 63 Stat. 518 Pub. L. 88130,  1(10)(A) Sept. 24, 1963 77 Stat. 177 Amendments 2018 Pub. L. 115282 section 41 of this title 2016 Pub. L. 114120 1994 Pub. L. 103337 1985 Pub. L. 99145 1984 Pub. L. 98557 1983 Pub. L. 97417 1972 Pub. L. 92451 1960 Pub. L. 86474 1956Act Aug. 10, 1956 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103337 Oct. 5, 1994 section 541(h) of Pub. L. 103337 section 571 of Title 10 Effective Date of 1972 Amendment Amendment by Pub. L. 92451 Oct. 2, 1972 section 3 of Pub. L. 92451 section 2151 of this title  302. Commandant; appointment  The President may appoint, by and with the advice and consent of the Senate, one Commandant for a period of four years, who may be reappointed for further periods of four years, who shall act as Chief of the Coast Guard. The term of an appointment, and any reappointment, shall begin on June 1 of the appropriate year and end on May 31 of the appropriate year, except that, in the event of death, retirement, resignation, or reassignment, or when the needs of the Service demand, the Secretary may alter the date on which a term begins or ends if the alteration does not result in the term exceeding a period of 4 years. The Commandant shall be appointed from the officers on the active duty promotion list serving above the grade of captain who have completed at least ten years of active service as a commissioned officer in the Coast Guard. The Commandant while so serving shall have the grade of admiral. ( Aug. 4, 1949, ch. 393 63 Stat. 498 Pub. L. 86474,  1(3) May 14, 1960 74 Stat. 144 Pub. L. 88130,  1(3) Sept. 24, 1963 77 Stat. 175 Pub. L. 89444,  1(3) June 9, 1966 80 Stat. 195 Pub. L. 92451,  1(3) Oct. 2, 1972 86 Stat. 755 Pub. L. 113281, title II,  202 Dec. 18, 2014 128 Stat. 3024 Pub. L. 115282, title I,  104(b) Dec. 4, 2018 132 Stat. 4196  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  11 ( Apr. 16, 1908, ch. 145 35 Stat. 61 Jan. 28, 1915, ch. 20,  1 38 Stat. 800 Jan. 12, 1923, ch. 25,  2 42 Stat. 1130 Apr. 23, 1930, ch. 211 46 Stat. 253 June 9, 1937, ch. 309,  1 50 Stat. 252 June 6, 1940, ch. 257,  1(a) 54 Stat. 246 Said section has been divided. The provisions of the first proviso are placed in section 45 of this title The grade of the Commandant is fixed as vice admiral rather than that prescribed for Bureau Chiefs of the Navy. The additional qualifications that an officer appointed Commandant must have at least 10 years commissioned service in the Coast Guard has been inserted. 81st Congress, House Report No. 557. Editorial Notes Prior Provisions A prior section 302, act Aug. 4, 1949, ch. 393 63 Stat. 518 Pub. L. 88130,  1(10)(A) Sept. 24, 1963 77 Stat. 177 Amendments 2018 Pub. L. 115282 section 44 of this title 2014 Pub. L. 113281 1972 Pub. L. 92451 1966 Pub. L. 89444 1963 Pub. L. 88130 1960 Pub. L. 86474 Statutory Notes and Related Subsidiaries Effective Date of 1972 Amendment Amendment by Pub. L. 92451 Oct. 2, 1972 section 3 of Pub. L. 92451 section 2151 of this title Effective Date of Higher Grade and Increased Pay and Allowances Pub. L. 86474,  2 May 14, 1960 74 Stat. 146 The increased grade of admiral for the Commandant and vice admiral for the Assistant Commandant [now Vice Commandant], including the pay and allowances applicable to such grades, shall be effective on the first day of the month following enactment of this Act [ May 14, 1960 Savings Provision Pub. L. 86474,  3 May 14, 1960 74 Stat. 146 Except as provided by section 2 [set out as a note under this section], the amendments by section 1 [amending sections 41, 42, 44, 46, 47, 186 to 191, 222, 247(c), 365, and 462 of this title, and repealing sections 45, 48, and 49 of this title] shall not operate to change or deprive the present incumbents serving as Commandant, Assistant Commandant [now Vice Commandant], and Engineer in Chief of any rights, benefits and privileges appertaining to such offices on the day preceding the date of enactment of this Act [ May 14, 1960  303. Retirement of Commandant or Vice Commandant (a) (1) A Commandant who is not reappointed shall be retired with the grade of admiral at the expiration of the appointed term, except as provided in section 306(d) of this title (2) A Vice Commandant who is retired while serving as Vice Commandant, after serving not less than 2 years as Vice Commandant, shall be retired with the grade of admiral, except as provided in section 306(d). (b) A Commandant or Vice Commandant who is retired for physical disability shall be placed on the retired list with the grade of admiral. (c) An officer who is retired prior to the expiration of the officers term, while serving as Commandant or as an officer serving as Vice Commandant who has served less than 2 years as Vice Commandant, may, in the discretion of the President, be retired with the grade of admiral. (d) Retirement under this section is subject to section 2501(a) of this title ( Aug. 4, 1949, ch. 393 63 Stat. 499 Pub. L. 86474,  1(5) May 14, 1960 74 Stat. 144 Pub. L. 88130,  1(4) Sept. 24, 1963 77 Stat. 175 Pub. L. 89444,  1(4) June 9, 1966 80 Stat. 195 Pub. L. 97295,  2(1) Oct. 12, 1982 96 Stat. 1301 Pub. L. 99348, title II,  205(b)(1) July 1, 1986 100 Stat. 699 Pub. L. 103206, title II,  204(a) Dec. 20, 1993 107 Stat. 2421 Pub. L. 114120, title II,  209(2) Feb. 8, 2016 130 Stat. 40 Pub. L. 115232, div. C, title XXXV,  3528(a) Aug. 13, 2018 132 Stat. 2318 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4196 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4641 Pub. L. 117263, div. K, title CXII,  11240 Dec. 23, 2022 136 Stat. 4039  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  161 ( Jan. 12, 1923, ch. 25,  2 42 Stat. 1130 June 25, 1936, ch. 808 49 Stat. 1924 June 9, 1937, ch. 309,  1 50 Stat. 252 June 6, 1940, ch. 257,  1(a) 54 Stat. 246 Provision is added for retirement of the Commandant with the grade and pay of vice admiral after 3 years service, in the discretion of the President, regardless of total length of service. Provision is also added for retirement with the grade and pay of vice admiral in case of physical disability. 81st Congress, House Report No. 557. Editorial Notes Prior Provisions A prior section 303, act Aug. 4, 1949, ch. 393 63 Stat. 518 act May 29, 1954, ch. 249,  20 o 68 Stat. 167 Pub. L. 88130,  1(10)(A) Sept. 24, 1963 77 Stat. 177 Amendments 2022Subsec. (a)(2). Pub. L. 117263,  11240(1) Subsec. (c). Pub. L. 117263,  11240(2) 2021Subsec. (d). Pub. L. 116283 2018 Pub. L. 115282,  104(b) section 46 of this title Pub. L. 115232,  3528(a)(1) Subsec. (a). Pub. L. 115282,  123(b)(2) Pub. L. 115232,  3528(a)(2) Subsec. (b). Pub. L. 115232,  3528(a)(4) Subsec. (c). Pub. L. 115232,  3528(a)(4) 2016Subsec. (a). Pub. L. 114120 1993Subsec. (a). Pub. L. 103206 1986 Pub. L. 99348 1982Subsec. (a). Pub. L. 97295 1966Subsec. (c). Pub. L. 89444,  1(4) Subsec. (d). Pub. L. 89444,  1(5) 1963Subsecs. (a) to (c). Pub. L. 88130 1960 Pub. L. 86474  304. Vice Commandant; appointment  The President may appoint, by and with the advice and consent of the Senate, one Vice Commandant who shall rank next after the Commandant, shall perform such duties as the Commandant may prescribe and shall act as Commandant during the absence or disability of the Commandant or in the event that there is a vacancy in the office of Commandant. The Vice Commandant shall be selected from the officers on the active duty promotion list serving above the grade of captain. The Commandant shall make recommendation for such appointment. The Vice Commandant shall, while so serving, have the grade of admiral with pay and allowances of that grade. The appointment and grade of a Vice Commandant shall be effective on the date the officer assumes that duty, and shall terminate on the date the officer is detached from that duty, except as provided in section 306(d) of this title ( Aug. 4, 1949, ch. 393 63 Stat. 499 Pub. L. 86474,  1(6) May 14, 1960 74 Stat. 144 Pub. L. 88130,  1(5) Sept. 24, 1963 77 Stat. 175 Pub. L. 89444,  1(6) June 9, 1966 80 Stat. 195 Pub. L. 92451,  1(4) Oct. 2, 1972 86 Stat. 755 Pub. L. 97295,  2(2) Oct. 12, 1982 96 Stat. 1301 Pub. L. 99348, title II,  205(b)(2) July 1, 1986 100 Stat. 700 Pub. L. 103206, title II,  204(b)(1) Dec. 20, 1993 107 Stat. 2421 Pub. L. 111281, title V,  511(f)(1) Oct. 15, 2010 124 Stat. 2952 Pub. L. 114120, title II Feb. 8, 2016 130 Stat. 33 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4196  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  11a, 12 ( Apr. 16, 1908, ch. 145 35 Stat. 61 Jan. 28, 1915, ch. 20,  1 38 Stat. 800 Jan. 12, 1923, ch. 25,  2 42 Stat. 1130 May 24, 1939, ch. 148 53 Stat. 757 June 6, 1940, ch. 257 54 Stat. 246 July 23, 1947, ch. 301,  2 61 Stat. 410 May 19, 1948, ch. 305 62 Stat. 239 Said sections have been divided. The provisions of the proviso of title 14, U.S.C., 1946 ed.,  11a, and the first proviso of title 14, U.S.C., 1946 ed.,  12, are placed in section 48 of this title The provisions regarding appointment of the Assistant Commandant and Engineer in Chief are coordinated, inasmuch as these positions are about equal in the Coast Guard organization. The qualification that the Engineer in Chief be appointed from the active list of engineering officers is changed to the active list of officers who have qualified for engineering duty, because there is no longer any provision for a corps of engineering officers. 81st Congress, House Report No. 557. Editorial Notes Prior Provisions A prior section 304, act Aug. 4, 1949, ch. 393 63 Stat. 518 act May 29, 1954, ch. 249,  20 o 68 Stat. 167 Pub. L. 88130,  1(10)(A) Sept. 24, 1963 77 Stat. 177 Amendments 2018 Pub. L. 115282,  123(b)(2) Pub. L. 115282,  104(b) section 47 of this title 2016 Pub. L. 114120,  209(3) Pub. L. 114120,  201(b) 2010 Pub. L. 111281 1993 Pub. L. 103206 section 51(d) of this title (b) A Vice Commandant, while so serving, who is retired for physical disability shall be placed on the retired list with the grade of vice admiral. (c) An officer who is retired while serving as Vice Commandant, or who, after serving at least two and one-half years as Vice Commandant, is retired after completion of that service while serving in a lower rank or grade, may, in the discretion of the President, be retired with the grade of vice admiral. (d) An officer who, after serving less than two and one-half years as Vice Commandant, is retired after completion of that service while serving in a lower rank or grade, shall be retired in his permanent grade. 1986Subsecs. (b), (c). Pub. L. 99348,  205(b)(2)(A) Subsec. (d). Pub. L. 99348,  205(b)(2)(B) 1982Subsec. (a). Pub. L. 97295 1972Subsec. (a). Pub. L. 92451 Subsec. (b). Pub. L. 92451 Subsecs. (c), (d). Pub. L. 92451 1966Subsec. (c). Pub. L. 89444,  1(6) Subsec. (d). Pub. L. 89444,  1(7) section 334 of this title 1963Subsec. (a). Pub. L. 88130,  1(5) Subsec. (d). Pub. L. 88130,  1(6) 1960 Pub. L. 86474 Statutory Notes and Related Subsidiaries Effective Date of 1972 Amendment Amendment by Pub. L. 92451 Oct. 2, 1972 section 3 of Pub. L. 92451 section 2151 of this title Effective Date of Higher Grade and Increased Pay and Allowances The increased grade of vice admiral for the Vice Commandant, including the pay and allowances applicable to such grade, effective on the first day of the month following May 14, 1960 section 2 of Pub. L. 86474 section 302 of this title  305. Vice admirals (a) (1) The President may (A) designate, within the Coast Guard, no more than five positions of importance and responsibility that shall be held by officers who, while so serving (i) shall have the grade of vice admiral, with the pay and allowances of that grade; and (ii) shall perform such duties as the Commandant may prescribe, except that if the President designates five such positions, one position shall be the Chief of Staff of the Coast Guard; and (B) designate, within the executive branch, other than within the Coast Guard or the National Oceanic and Atmospheric Administration, positions of importance and responsibility that shall be held by officers who, while so serving, shall have the grade of vice admiral, with the pay and allowances of that grade. (2) The President may appoint, by and with the advice and consent of the Senate, and reappoint, by and with the advice and consent of the Senate, to any such position an officer of the Coast Guard who is serving on active duty above the grade of captain. The Commandant shall make recommendations for such appointments. (3) (A) Except as provided in subparagraph (B), one of the vice admirals designated under paragraph (1)(A) must have at least 10 years experience in vessel inspection, marine casualty investigations, mariner licensing, or an equivalent technical expertise in the design and construction of commercial vessels, with at least 4 years of leadership experience at a staff or unit carrying out marine safety functions and shall serve as the principal advisor to the Commandant on these issues. (B) The requirements of subparagraph (A) do not apply to such vice admiral if the subordinate officer serving in the grade of rear admiral with responsibilities for marine safety, security, and stewardship possesses that experience. (4) Prior to making a recommendation to the President for the nomination of an officer for appointment to a position of importance and responsibility under this section, which appointment would result in the initial appointment of the officer concerned in the grade of vice admiral, the Commandant shall consider all officers determined to be among the best qualified for such position. (b) (1) The appointment and the grade of vice admiral shall be effective on the date the officer assumes that duty and, except as provided in paragraph (2) of this subsection or in section 306(d) of this title (2) An officer who is appointed to a position designated under subsection (a) shall continue to hold the grade of vice admiral (A) while under orders transferring the officer to another position designated under subsection (a), beginning on the date the officer is detached from that duty and terminating on the date before the day the officer assumes the subsequent duty, but not for more than 60 days; (B) while hospitalized, beginning on the day of the hospitalization and ending on the day the officer is discharged from the hospital, but not for more than 180 days; (C) at the discretion of the Secretary, while awaiting orders after being relieved from the position, beginning on the day the officer is relieved from the position, but not for more than 60 days; and (D) while awaiting retirement, beginning on the date the officer is detached from duty and ending on the day before the officers retirement, but not for more than 60 days. (c) (1) An appointment of an officer under subsection (a) does not vacate the permanent grade held by the officer. (2) An officer serving in a grade above rear admiral who holds the permanent grade of rear admiral (lower half) shall be considered for promotion to the permanent grade of rear admiral as if the officer was serving in the officers permanent grade. (d) Whenever a vacancy occurs in a position designated under subsection (a), the Commandant shall inform the President of the qualifications needed by an officer serving in that position or office to carry out effectively the duties and responsibilities of that position or office. (Added Pub. L. 92451,  1(5) Oct. 2, 1972 86 Stat. 755 Pub. L. 103206, title II,  204(c) Dec. 20, 1993 107 Stat. 2421 Pub. L. 111281, title V,  511(a) Oct. 15, 2010 124 Stat. 2951 Pub. L. 111330,  1(5) Dec. 22, 2010 124 Stat. 3569 Pub. L. 114120, title II,  202 Feb. 8, 2016 130 Stat. 33 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4196 Pub. L. 116283, div. A, title V,  551(b)(2) Jan. 1, 2021 134 Stat. 3630  Editorial Notes Prior Provisions A prior section 305, act Aug. 4, 1949, ch. 393 63 Stat. 518 act May 29, 1954, ch. 249,  20 o 68 Stat. 167 Pub. L. 88130,  1(10)(A) Sept. 24, 1963 77 Stat. 177 Amendments 2021Subsec. (a)(4). Pub. L. 116283 2018 Pub. L. 115282,  104(b) section 50 of this title Subsec. (b)(1). Pub. L. 115282,  123(b)(2) 2016Subsec. (a)(1). Pub. L. 114120,  202(1)(A) (A) while so serving, shall have the grade of vice admiral, with the pay and allowances of that grade; and (B) shall perform such duties as the Commandant may prescribe. Subsec. (a)(3)(A). Pub. L. 114120,  202(1)(B) Subsec. (b)(2)(C), (D). Pub. L. 114120,  202(2) 2010 Pub. L. 111281,  511(a) Pub. L. 111330 1993Subsec. (b). Pub. L. 103206 section 51(d) of this title Statutory Notes and Related Subsidiaries Effective Date of 2010 Amendment Pub. L. 111330,  1 Dec. 22, 2010 124 Stat. 3569 Pub. L. 111281 Effective Date Section effective Oct. 2, 1972 section 3 of Pub. L. 92451 section 2151 of this title Treatment of Incumbents; Transition Pub. L. 111281, title V,  511(h)(1) Oct. 15, 2010 124 Stat. 2953  Notwithstanding any other provision of law, an officer who, on the date of enactment of this Act [ Oct. 15, 2010 (A) shall continue to have the grade of vice admiral with pay and allowance of that grade until such time that the officer is relieved of his duties and appointed and confirmed to another position as a vice admiral or admiral; or (B) for the purposes of transition, may continue at the grade of vice admiral with pay and allowance of that grade, for not more than 1 year after the date of enactment of this Act, to perform the duties of the officers former position and any other such duties that the Commandant prescribes.  306. Retirement (a) An officer, other than the Commandant or Vice Commandant, who, while serving in the grade of admiral or vice admiral, is retired for physical disability shall be placed on the retired list with the highest grade in which that officer served satisfactorily, as determined under section 2501 of this title (b) An officer, other than the Commandant or Vice Commandant, who is retired while serving in the grade of admiral or vice admiral, or who, after serving at least 212 years in the grade of admiral or vice admiral, is retired while serving in a lower grade, may in the discretion of the President, be retired with the highest grade in which that officer served satisfactorily, as determined under section 2501 of this title (c) An officer, other than the Commandant or Vice Commandant, who, after serving less than 212 years in the grade of admiral or vice admiral, is retired while serving in a lower grade, shall be retired in his permanent grade if performance of duties in such grade is determined to have been satisfactory pursuant to section 2501 of this title (d) An officer serving in the grade of admiral or vice admiral shall continue to hold that grade (1) while being processed for physical disability retirement, beginning on the day of the processing and ending on the day that officer is retired, but not for more than 180 days; and (2) while awaiting retirement, beginning on the day that officer is relieved from the position of Commandant, Vice Commandant, or Vice Admiral and ending on the day before the officers retirement, but not for more than 60 days. (Added Pub. L. 92451,  1(5) Oct. 2, 1972 86 Stat. 755 Pub. L. 99348, title II,  205(b)(3) July 1, 1986 100 Stat. 700 Pub. L. 103206, title II Dec. 20, 1993 107 Stat. 2421 Pub. L. 111281, title V,  511(c) Oct. 15, 2010 124 Stat. 2952 Pub. L. 114120, title II,  201(c) Feb. 8, 2016 130 Stat. 33 Pub. L. 115232, div. C, title XXXV,  3528(b) Aug. 13, 2018 132 Stat. 2318 Pub. L. 115282, title I,  104(b) Dec. 4, 2018 132 Stat. 4196 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4641  Editorial Notes Prior Provisions A prior section 306, act Aug. 4, 1949, ch. 393 63 Stat. 519 act Aug. 3, 1950, ch. 536,  36 64 Stat. 408 Pub. L. 88130,  1(10)(A) Sept. 24, 1963 77 Stat. 177 Amendments 2021Subsec. (a). Pub. L. 116283,  8201(b)(1) section 2501 of this title Subsec. (b). Pub. L. 116283,  8201(b)(2) section 2501 of this title Subsec. (c). Pub. L. 116283,  8201(b)(3) section 2501 of this title 2018 Pub. L. 115282 section 51 of this title Subsecs. (a) to (c). Pub. L. 115232 2016Subsecs. (a) to (c). Pub. L. 114120 2010Subsecs. (a) to (c). Pub. L. 111281,  511(c)(1) (a) An officer who, while serving in the grade of vice admiral, is retired for physical disability shall be placed on the retired list with the grade of vice admiral. (b) An officer who is retired while serving in the grade of vice admiral, or who, after serving at least two and one-half years in the grade of vice admiral, is retired while serving in a lower grade, may in the discretion of the President, be retired with the grade of vice admiral. (c) An officer who, after serving less than two and one-half years in the grade of vice admiral, is retired while serving in a lower grade, shall be retired in his permanent grade. Subsec. (d)(2). Pub. L. 111281,  511(c)(2) 1993Subsec. (a). Pub. L. 103206,  205(c)(1) Subsec. (b). Pub. L. 103206,  205(c)(2) Subsec. (d). Pub. L. 103206,  204(d) 1986Subsecs. (a), (b). Pub. L. 99348,  205(b)(3)(A) Subsec. (c). Pub. L. 99348,  205(b)(3)(B) Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 2, 1972 section 3 of Pub. L. 92451 section 2151 of this title  307. Vice admirals and admiral, continuity of grade  The continuity of an officers precedence on the active duty promotion list, date of rank, grade, pay, and allowances as a vice admiral or admiral shall not be interrupted by the termination of an appointment for the purpose of reappointment to another position as a vice admiral or admiral. (Added Pub. L. 97322, title I,  115(a)(1) Oct. 15, 1982 96 Stat. 1585 Pub. L. 101225, title II,  203(1) Dec. 12, 1989 103 Stat. 1911 Pub. L. 111281, title V,  511(d) Oct. 15, 2010 124 Stat. 2952 Pub. L. 115282, title I,  104(b) Dec. 4, 2018 132 Stat. 4196  Editorial Notes Prior Provisions A prior section 307, act Aug. 4, 1949, ch. 393 63 Stat. 519 act May 29, 1954, ch. 249,  20 o 68 Stat. 167 Pub. L. 88130,  1(10)(A) Sept. 24, 1963 77 Stat. 177 Amendments 2018 Pub. L. 115282 section 52 of this title 2010 Pub. L. 111281 1989 Pub. L. 101225  308. Chief Acquisition Officer (a)  In General There shall be in the Coast Guard a Chief Acquisition Officer selected by the Commandant who shall be a Rear Admiral or civilian from the Senior Executive Service (career reserved) and who meets the qualifications set forth under subsection (b). The Chief Acquisition Officer shall serve at the Assistant Commandant level and have acquisition management as that individuals primary duty. (b)  Qualifications. (1) The Chief Acquisition Officer and any flag officer serving in the Acquisition Directorate shall be an acquisition professional with a Level III acquisition management certification and must have at least 10 years experience in an acquisition position, of which at least 4 years were spent as (A) the program executive officer; (B) the program manager of a Level 1 or Level 2 acquisition project or program; (C) the deputy program manager of a Level 1 or Level 2 acquisition; (D) the project manager of a Level 1 or Level 2 acquisition; or (E) any other acquisition position of significant responsibility in which the primary duties are supervisory or management duties. (2) The Commandant shall periodically publish a list of the positions designated under paragraph (1). (3) In this subsection each of the terms Level 1 acquisition and Level 2 acquisition has the meaning that term has in chapter 11 of this title. (c)  Functions of the Chief Acquisition Officer The functions of the Chief Acquisition Officer include (1) monitoring the performance of acquisition projects and programs on the basis of applicable performance measurements and advising the Commandant, through the chain of command, regarding the appropriate business strategy to achieve the missions of the Coast Guard; (2) maximizing the use of full and open competition at the prime contract and subcontract levels in the acquisition of property, capabilities, assets, and services by the Coast Guard by establishing policies, procedures, and practices that ensure that the Coast Guard receives a sufficient number of sealed bids or competitive proposals from responsible sources to fulfill the Governments requirements, including performance and delivery schedules, at the lowest cost or best value considering the nature of the property, capability, asset, or service procured; (3) making acquisition decisions in concurrence with the technical authority, or technical authorities, of the Coast Guard, as designated by the Commandant, consistent with all other applicable laws and decisions establishing procedures within the Coast Guard; (4) ensuring the use of detailed performance specifications in instances in which performance-based contracting is used; (5) managing the direction of acquisition policy for the Coast Guard, including implementation of the unique acquisition policies, regulations, and standards of the Coast Guard; (6) developing and maintaining an acquisition career management program in the Coast Guard to ensure that there is an adequate acquisition workforce; (7) assessing the requirements established for Coast Guard personnel regarding knowledge and skill in acquisition resources and management and the adequacy of such requirements for facilitating the achievement of the performance goals established for acquisition management; (8) developing strategies and specific plans for hiring, training, and professional development; (9) reporting to the Commandant, through the chain of command, on the progress made in improving acquisition management capability; and (10) (A) keeping the Commandant informed of the progress of major acquisition programs (as that term is defined in section 1171); (B) informing the Commandant on a continuing basis of any developments on such programs that may require new or revisited trade-offs among cost, schedule, technical feasibility, and performance, including (i) significant cost growth or schedule slippage; and (ii) requirements creep (as that term is defined in section 3104(c)(1) of title 10 (C) ensuring that the views of the Commandant regarding such programs on cost, schedule, technical feasibility, and performance trade-offs are strongly considered by program managers and program executive officers in all phases of the acquisition process. (Added Pub. L. 111281, title IV,  401(a) Oct. 15, 2010 124 Stat. 2929 Pub. L. 114328, div. A, title VIII,  899(a) Dec. 23, 2016 130 Stat. 2332 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4196 Pub. L. 11781, div. A, title XVII,  1702(d)(1) Dec. 27, 2021 135 Stat. 2156  Editorial Notes Prior Provisions A prior section 308, act Aug. 4, 1949, ch. 393 63 Stat. 519 act May 29, 1954, ch. 249,  20 o 68 Stat. 167 Pub. L. 88130,  1(10)(A) Sept. 24, 1963 77 Stat. 177 Amendments 2021Subsec. (c)(10)(B)(ii). Pub. L. 11781 2018 Pub. L. 115282,  104(b) section 56 of this title Subsec. (b)(3). Pub. L. 115282,  123(c)(4) Subsec. (c)(10)(A). Pub. L. 115282,  123(b)(2) 2016Subsec. (c)(10). Pub. L. 114328 Statutory Notes and Related Subsidiaries Selection Deadline Pub. L. 111281, title IV,  401(c) Oct. 15, 2010 124 Stat. 2930 As soon as practicable after the date of enactment of this Act [ Oct. 15, 2010 October 1, 2011 Special Rate Supplements Pub. L. 111281, title IV,  401(d) Oct. 15, 2010 124 Stat. 2930 Pub. L. 111330,  1(3) Dec. 22, 2010 124 Stat. 3569  (1)  Requirement to establish Not later than 1 year after the date of enactment of this Act [ Oct. 15, 2010 (2)  Subject to appropriations The requirement under paragraph (1) is subject to the availability of appropriations. Elevation of Disputes to the Chief Acquisition Officer Pub. L. 111281, title IV,  401(e) Oct. 15, 2010 124 Stat. 2931 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4745  309. Office of the Coast Guard Reserve; Director (a)  Establishment of Office; Director There is in the executive part of the Coast Guard an Office of the Coast Guard Reserve. The head of the Office is the Director of the Coast Guard Reserve. The Director of the Coast Guard Reserve is the principal adviser to the Commandant on Coast Guard Reserve matters and may have such additional functions as the Commandant may direct. (b)  Appointment The President, by and with the advice and consent of the Senate, shall appoint the Director of the Coast Guard Reserve, from officers of the Coast Guard who (1) have had at least 10 years of commissioned service; (2) are in a grade above captain; and (3) have been recommended by the Secretary of Homeland Security. (c)  Term (1) The Director of the Coast Guard Reserve holds office for a term determined by the President, normally two years, but not more than four years. An officer may be removed from the position of Director for cause at any time. (2) The Director of the Coast Guard Reserve, while so serving, holds a grade above Captain, without vacating the officers permanent grade. (d)  Budget The Director of the Coast Guard Reserve is the official within the executive part of the Coast Guard who, subject to the authority, direction, and control of the Secretary of Homeland Security and the Commandant, is responsible for preparation, justification, and execution of the personnel, operation and maintenance, and construction budgets for the Coast Guard Reserve. As such, the Director of the Coast Guard Reserve is the director and functional manager of appropriations made for the Coast Guard Reserve in those areas. (e)  Annual Report The Director of the Coast Guard Reserve shall submit to the Secretary of Homeland Security and the Secretary of Defense an annual report on the state of the Coast Guard Reserve and the ability of the Coast Guard Reserve to meet its missions. The report shall be prepared in conjunction with the Commandant and may be submitted in classified and unclassified versions. (Added Pub. L. 10665, div. A, title V,  557(a) Oct. 5, 1999 113 Stat. 619 Pub. L. 107296, title XVII,  1704(a) Nov. 25, 2002 116 Stat. 2314 Pub. L. 115282, title I,  104(b) Dec. 4, 2018 132 Stat. 4196  Editorial Notes Prior Provisions A prior section 309, acts Aug. 4, 1949, ch. 393 63 Stat. 519 Aug. 3, 1950, ch. 536,  11 64 Stat. 407 Pub. L. 86155,  10(a)(1) Aug. 11, 1959 73 Stat. 338 Nov. 1, 1959 Pub. L. 88130,  1(10)(A) Sept. 24, 1963 77 Stat. 177 Amendments 2018 Pub. L. 115282 section 53 of this title 2002Subsecs. (b)(3), (d), (e). Pub. L. 107296 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10  310. Chief of Staff to President: appointment  The President, by and with the advice and consent of the Senate, may appoint a flag officer of the Coast Guard as the Chief of Staff to the President. (Added Pub. L. 109163, div. A, title V,  597(a) Jan. 6, 2006 119 Stat. 3283 Pub. L. 115282, title I,  104(b) Dec. 4, 2018 132 Stat. 4196  Editorial Notes Prior Provisions A prior section 310, acts Aug. 4, 1949, ch. 393 63 Stat. 519 Aug. 3, 1950, ch. 536,  12 64 Stat. 407 Pub. L. 88130,  1(10)(A) Sept. 24, 1963 77 Stat. 177 Amendments 2018 Pub. L. 115282 section 54 of this title  311. Captains of the port  Any officer, including any petty officer, may be designated by the Commandant as captain of the port or ports or adjacent high seas or waters over which the United States has jurisdiction, as the Commandant deems necessary to facilitate execution of Coast Guard duties. (Added Pub. L. 115282, title I,  104(c)(1)(A) Dec. 4, 2018 132 Stat. 4198  Editorial Notes Prior Provisions A prior section 311, acts Aug. 4, 1949, ch. 393 63 Stat. 519 Aug. 3, 1950, ch. 536,  13 64 Stat. 407 Pub. L. 88130,  1(10)(A) Sept. 24, 1963 77 Stat. 177  312. Prevention and response workforces (a)  Career Paths The Secretary, acting through the Commandant, shall ensure that appropriate career paths for civilian and military Coast Guard personnel who wish to pursue career paths in prevention or response positions are identified in terms of the education, training, experience, and assignments necessary for career progression of civilians and members of the Armed Forces to the most senior prevention or response positions, as appropriate. The Secretary shall make available published information on such career paths. (b)  Qualifications for Certain Assignments An officer, member, or civilian employee of the Coast Guard assigned as a (1) marine inspector shall have the training, experience, and qualifications equivalent to that required for a similar position at a classification society recognized by the Secretary under section 3316 of title 46 (2) marine casualty investigator shall have the training, experience, and qualifications in investigation, marine casualty reconstruction, evidence collection and preservation, human factors, and documentation using best investigation practices by Federal and non-Federal entities; (3) marine safety engineer shall have knowledge, skill, and practical experience in (A) the construction and operation of commercial vessels; (B) judging the character, strength, stability, and safety qualities of such vessels and their equipment; or (C) the qualifications and training of vessel personnel; (4) waterways operations manager shall have knowledge, skill, and practical experience with respect to maritime transportation system management; or (5) port and facility safety and security specialist shall have knowledge, skill, and practical experience with respect to the safety, security, and environmental protection responsibilities associated with maritime ports and facilities. (c)  Apprenticeship Requirement To Qualify for Certain Careers The Commandant may require an officer, member, or employee of the Coast Guard in training for a specialized prevention or response career path to serve an apprenticeship under the guidance of a qualified individual. However, an individual in training to become a marine inspector, marine casualty investigator, marine safety engineer, waterways operations manager, or port and facility safety and security specialist shall serve a minimum of one-year as an apprentice unless the Commandant authorizes a shorter period for certain qualifications. (d)  Management Information System The Secretary, acting through the Commandant, shall establish a management information system for the prevention and response workforces that shall provide, at a minimum, the following standardized information on individuals serving in those workforces: (1) Qualifications, assignment history, and tenure in assignments. (2) Promotion rates for military and civilian personnel. (e)  Sector Chief of Prevention There shall be in each Coast Guard sector a Chief of Prevention who shall be at least a Lieutenant Commander or civilian employee within the grade GS13 of the General Schedule, and who shall be a (1) marine inspector, qualified to inspect vessels, vessel systems, and equipment commonly found in the sector; and (2) qualified marine casualty investigator, marine safety engineer, waterways operations manager, or port and facility safety and security specialist. (f)  Signatories of Letter of Qualification for Certain Prevention Personnel Each individual signing a letter of qualification for marine safety personnel must hold a letter of qualification for the type being certified. (g)  Sector Chief of Response There shall be in each Coast Guard sector a Chief of Response who shall be at least a Lieutenant Commander or civilian employee within the grade GS13 of the General Schedule in each Coast Guard sector. (Added Pub. L. 111281, title V,  521(a) Oct. 15, 2010 124 Stat. 2953 Pub. L. 113281, title II Dec. 18, 2014 128 Stat. 3024 Pub. L. 115282, title I,  104(b) Dec. 4, 2018 132 Stat. 4196 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4747  Editorial Notes Prior Provisions A prior section 312, acts Aug. 4, 1949, ch. 393 63 Stat. 520 Aug. 3, 1950, ch. 536,  14 64 Stat. 407 Pub. L. 88130,  1(10)(A) Sept. 24, 1963 77 Stat. 177 Amendments 2021Subsec. (b)(4). Pub. L. 116283,  8504(a) Subsec. (d). Pub. L. 116283,  8505(a)(1) 2018 Pub. L. 115282 section 57 of this title 2014Subsec. (b)(4), (5). Pub. L. 113281,  203(1) Subsec. (c). Pub. L. 113281,  203(2) Subsec. (e). Pub. L. 113281,  221(b)(1)(B) Subsec. (f). Pub. L. 113281,  221(b)(1)(B)(ii) Subsec. (f)(2). Pub. L. 113281,  203(3) Subsecs. (g), (h). Pub. L. 113281,  221(b)(1)(B)(ii)  313. Centers of expertise for Coast Guard prevention and response (a)  Establishment The Commandant may establish and operate one or more centers of expertise for prevention and response missions of the Coast Guard (in this section referred to as a center). (b)  Missions Any center established under subsection (a) shall (1) promote, facilitate, and conduct (A) education; (B) training; and (C) activities authorized under section 504(a)(4); (2) be a repository of information on operations, practices, and resources related to the mission for which the center was established; and (3) perform and support the mission for which the center was established. (c)  Joint Operation With Educational Institution Authorized The Commandant may enter into an agreement with an appropriate official of an institution of higher education to (1) provide for joint operation of a center; and (2) provide necessary administrative services for a center, including administration and allocation of funds. (d)  Acceptance of Donations. (1) Except as provided in paragraph (2), the Commandant may accept, on behalf of a center, donations to be used to defray the costs of the center or to enhance the operation of the center. Those donations may be accepted from any State or local government, any foreign government, any foundation or other charitable organization (including any that is organized or operates under the laws of a foreign country), or any individual. (2) The Commandant may not accept a donation under paragraph (1) if the acceptance of the donation would compromise or appear to compromise (A) the ability of the Coast Guard or the department in which the Coast Guard is operating, any employee of the Coast Guard or the department, or any member of the Armed Forces to carry out any responsibility or duty in a fair and objective manner; or (B) the integrity of any program of the Coast Guard, the department in which the Coast Guard is operating, or of any individual involved in such a program. (3) The Commandant shall prescribe written guidance setting forth the criteria to be used in determining whether or not the acceptance of a donation from a foreign source would have a result described in paragraph (2). (Added Pub. L. 111281, title V,  521(a) Oct. 15, 2010 124 Stat. 2955 Pub. L. 113281, title II,  204 Dec. 18, 2014 128 Stat. 3025 Pub. L. 115232, div. C, title XXXV,  3531(c)(1) Aug. 13, 2018 132 Stat. 2320 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4196 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4747  Editorial Notes Prior Provisions A prior section 313, acts Aug. 4, 1949, ch. 393 63 Stat. 520 Aug. 3, 1950, ch. 536,  15 64 Stat. 407 act May 29, 1954, ch. 249,  20 o 68 Stat. 167 Pub. L. 88130,  1(10)(A) Sept. 24, 1963 77 Stat. 177 A prior section 313a, added Pub. L. 85144,  2(a) Aug. 14, 1957 71 Stat. 367 Pub. L. 88130,  1(10)(A) Sept. 24, 1963 77 Stat. 177 Amendments 2021Subsec. (d)(2)(B). Pub. L. 116283 2018 Pub. L. 115282,  104(b) section 58 of this title Subsec. (a). Pub. L. 115232 Subsec. (b)(1)(C). Pub. L. 115282,  123(b)(2) 2014Subsec. (b). Pub. L. 113281 (1) promote and facilitate education, training, and research; (2) develop a repository of information on its missions and specialties; and (3) perform any other missions as the Commandant may specify. Statutory Notes and Related Subsidiaries Center of Expertise for Great Lakes Oil Spill Preparedness and Response Pub. L. 115282, title VIII,  807 Dec. 4, 2018 132 Stat. 4301 Pub. L. 117263, div. K, title CXII,  11214 Dec. 23, 2022 136 Stat. 4016  (a)  In General Not later than 1 year after the date of enactment of this Act [ Dec. 4, 2018 section 313 of title 14 (b)  Location The Center of Expertise shall be located in close proximity to (1) critical crude oil transportation infrastructure on and connecting the Great Lakes, such as submerged pipelines and high-traffic navigation locks; and (2) an institution of higher education with adequate aquatic research laboratory facilities and capabilities and expertise in Great Lakes aquatic ecology, environmental chemistry, fish and wildlife, and water resources. (c)  Functions The Center of Expertise shall (1) monitor and assess, on an ongoing basis, the current state of knowledge regarding freshwater oil spill response technologies and the behavior and effects of oil spills in the Great Lakes; (2) identify any significant gaps in Great Lakes oil spill research, including an assessment of major scientific or technological deficiencies in responses to past spills in the Great Lakes and other freshwater bodies, and seek to fill those gaps; (3) conduct research, development, testing, and evaluation for freshwater oil spill response equipment, technologies, and techniques to mitigate and respond to oil spills in the Great Lakes; (4) educate and train Federal, State, and local first responders located in Coast Guard District 9 in (A) the incident command system structure; (B) Great Lakes oil spill response techniques and strategies; and (C) public affairs; and (5) work with academic and private sector response training centers to develop and standardize maritime oil spill response training and techniques for use on the Great Lakes. (d)  Definition In this section, the term Great Lakes means (1) Lake Ontario; (2) Lake Erie; (3) Lake Huron (including Lake St. Clair); (4) Lake Michigan; (5) Lake Superior; and (6) the connecting channels (including the following rivers and tributaries of such rivers: Saint Marys 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). Coast Guard Blue Technology Center of Expertise Pub. L. 115265, title III,  302 Oct. 11, 2018 132 Stat. 3752  (a)  Establishment Not later than 1 year after the date of the enactment of this Act [ Oct. 11, 2018 (b)  Missions In addition to the missions listed in section 58(b) [now 313(b)] of title 14, United States Code, the Center may (1) promote awareness within the Coast Guard of the range and diversity of Blue Technologies and their potential to enhance Coast Guard mission readiness, operational performance, and regulation of such technologies; (2) function as an interactive conduit to enable the sharing and dissemination of Blue Technology information between the Coast Guard and representatives from the private sector, academia, nonprofit organizations, and other Federal agencies; (3) increase awareness among Blue Technology manufacturers, entrepreneurs, and vendors of Coast Guard acquisition policies, procedures, and business practices; (4) provide technical support, coordination, and assistance to Coast Guard districts and the Coast Guard Research and Development Center, as appropriate; and (5) subject to the requirements of the Coast Guard Academy, coordinate with the Academy to develop appropriate curricula regarding Blue Technology to be offered in professional courses of study to give Coast Guard cadets and officer candidates a greater background and understanding of Blue Technologies. (c)  Blue Technology Exposition; Briefing Not later than 6 months after the date of the enactment of this Act [ Oct. 11, 2018 (d)  Definitions In this section: (1)  Center The term Center means the Blue Technology center of expertise established under this section. (2)  Commandant The term Commandant means the Commandant of the Coast Guard. (3)  Blue technology The term Blue Technology means any technology, system, or platform that (A) is designed for use or application above, on, or below the sea surface or that is otherwise applicable to Coast Guard operational needs, including such a technology, system, or platform that provides continuous or persistent coverage; and (B) supports or facilitates (i) maritime domain awareness, including (I) surveillance and monitoring; (II) observation, measurement, and modeling:[;] or (III) information technology and communications; (ii) search and rescue; (iii) emergency response; (iv) maritime law enforcement; (v) marine inspections and investigations; or (vi) protection and conservation of the marine environment.  314. Marine industry training program The Commandant shall, by policy, establish a program under which an officer, member, or employee of the Coast Guard may be assigned to a private entity to further the institutional interests of the Coast Guard with regard to marine safety, including for the purpose of providing training to an officer, member, or employee. Policies to carry out the program (1) with regard to an employee of the Coast Guard, shall include provisions, consistent with sections 3702 through 3704 of title 5, as to matters concerning (A) the duration and termination of assignments; (B) reimbursements; and (C) status, entitlements, benefits, and obligations of program participants; and (2) shall require the Commandant, before approving the assignment of an officer, member, or employee of the Coast Guard to a private entity, to determine that the assignment is an effective use of the Coast Guards funds, taking into account the best interests of the Coast Guard and the costs and benefits of alternative methods of achieving the same results and objectives. (Added Pub. L. 111281, title V,  521(a) Oct. 15, 2010 124 Stat. 2956 Pub. L. 113281, title II,  221(a)(1) Dec. 18, 2014 128 Stat. 3037 Pub. L. 115282, title I,  104(b) Dec. 4, 2018 132 Stat. 4196  Editorial Notes Prior Provisions A prior section 314, act Aug. 4, 1949, ch. 393 63 Stat. 520 act Aug. 3, 1950, ch. 536,  36 64 Stat. 408 section 1207 of Title 10 Amendments 2018 Pub. L. 115282 section 59 of this title 2014 Pub. L. 113281 section 1105 of title 31 (1) the number of officers, members, and employees of the Coast Guard assigned to private entities under this section; and (2) the specific benefit that accrues to the Coast Guard for each assignment.  315. Training for congressional affairs personnel (a)  In General The Commandant shall develop a training course, which shall be administered in person, on the workings of Congress for any member of the Coast Guard selected for a position as a fellow, liaison, counsel, or administrative staff for the Coast Guard Office of Congressional and Governmental Affairs or as any Coast Guard district or area governmental affairs officer. (b)  Course Subject Matter. (1)  In general The training course required under this section shall provide an overview and introduction to Congress and the Federal legislative process, including (A) the congressional budget process; (B) the congressional appropriations process; (C) the congressional authorization process; (D) the Senate advice and consent process for Presidential nominees; (E) the Senate advice and consent process for treaty ratification; (F) the roles of Members of Congress and congressional staff in the legislative process; (G) the concept and underlying purposes of congressional oversight within the governance framework of separation of powers; (H) the roles of Coast Guard fellows, liaisons, counsels, governmental affairs officers, the Coast Guard Office of Program Review, the Coast Guard Headquarters program offices, and any other entity the Commandant considers relevant; and (I) the roles and responsibilities of Coast Guard public affairs and external communications personnel with respect to Members of Congress and the staff of such Members necessary to enhance communication between Coast Guard units, sectors, and districts and Member offices and committees of jurisdiction so as to ensure visibility of Coast Guard activities. (2)  Detail within coast guard office of budget and programs. (A)  In general At the written request of a receiving congressional office, the training course required under this section shall include a multi-day detail within the Coast Guard Office of Budget and Programs to ensure adequate exposure to Coast Guard policy, oversight, and requests from Congress. (B)  Nonconsecutive detail permitted A detail under this paragraph is not required to be consecutive with the balance of the training. (c)  Completion of Required Training A member of the Coast Guard selected for a position described in subsection (a) shall complete the training required by this section before the date on which such member reports for duty for such position. (Added Pub. L. 114120, title II,  214(b)(1) Feb. 8, 2016 130 Stat. 43 Pub. L. 114328, div. C, title XXXV,  3503(a) Dec. 23, 2016 130 Stat. 2775 Pub. L. 115232, div. C, title XXXV,  3532 Aug. 13, 2018 132 Stat. 2321 Pub. L. 115282, title I,  104(b) Dec. 4, 2018 132 Stat. 4196 Pub. L. 117263, div. K, title CXII,  11251(a) Dec. 23, 2022 136 Stat. 4052  Editorial Notes Prior Provisions A prior section 315, act Aug. 4, 1949, ch. 393 63 Stat. 520 act Aug. 3, 1950, ch. 536,  36 64 Stat. 408 section 1207 of Title 10 Amendments 2022 Pub. L. 117263 2018 Pub. L. 115282 section 60 of this title Subsec. (d). Pub. L. 115232 2016Subsec. (a). Pub. L. 114328 Statutory Notes and Related Subsidiaries Effective Date of 2016 Amendment Pub. L. 114328, div. C, title XXXV,  3503(e) Dec. 23, 2016 130 Stat. 2775 The amendments made by this section [amending this section, sections 429, 676a, and 2702 of this title, sections 3104, 4503, and 7510 of Title 46, Shipping, and provisions set out as a note under section 1151 of Title 16 Public Law 114120 Feb. 8, 2016  316. National Coast Guard Museum (a)  Establishment The Commandant may establish, accept, operate, maintain and support the Museum, on lands which will be federally owned and administered by the Coast Guard, and are located in New London, Connecticut. (b)  Use of Funds. (1) The Secretary shall not expend any funds appropriated to the Coast Guard on the construction of any museum established under this section. (2) Subject to the availability of appropriations, the Secretary may expend funds appropriated to the Coast Guard on the engineering and design of a Museum. (3) The priority for the use of funds appropriated to the Coast Guard shall be to preserve, protect, and display historic Coast Guard artifacts, including the design, fabrication, and installation of exhibits or displays in which such artifacts are included. (c)  Funding Plan Not later than 2 years after the date of the enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020 and at least 90 days before the date on which the Commandant accepts the Museum under subsection (f), 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 plan for constructing, operating, and maintaining such Museum, including (1) estimated planning, engineering, design, construction, operation, and maintenance costs; (2) the extent to which appropriated, nonappropriated, and non-Federal funds will be used for such purposes, including the extent to which there is any shortfall in funding for engineering, design, or construction; (3) an explanation of any environmental remediation issues related to the land associated with the Museum; and (4) a certification by a third party entity qualified to undertake such a certification process that the estimates provided pursuant to paragraphs (1) and (2) are reasonable and realistic. (d)  Construction. (1) The Association may construct the Museum described in subsection (a). (2) The Museum shall be designed and constructed in compliance with the International Building Code 2018, and construction performed on Federal land under this section shall be exempt from State and local requirements for building or demolition permits. (e)  Agreements Under such terms and conditions as the Commandant considers appropriate, notwithstanding section 504, and until the Commandant accepts the Museum under subsection (f), the Commandant may (1) license Federal land to the Association for the purpose of constructing the Museum described in subsection (a); and (2) (A) at a nominal charge, lease the Museum from the Association for activities and operations related to the Museum; and (B) authorize the Association to generate revenue from the use of the Museum. (f)  Acceptance Not earlier than 90 days after the Commandant submits the plan under subsection (c), the Commandant shall accept the Museum from the Association and all right, title, and interest in and to the Museum shall vest in the United States when (1) the Association demonstrates, in a manner acceptable to the Commandant, that the Museum meets the design and construction requirements of subsection (d); and (2) all financial obligations of the Association incident to the National Coast Guard Museum have been satisfied. (g)  Services The Commandant may solicit from the Association and accept services from nonprofit entities, including services related to activities for construction of the Museum. (h)  Authority The Commandant may not establish a Museum except as set forth in this section. (i)  Definitions In this section: (1)  Museum The term Museum means the National Coast Guard Museum. (2)  Association The term Association means the National Coast Guard Museum Association. (Added Pub. L. 108293, title II,  213(a) Aug. 9, 2004 118 Stat. 1037 Pub. L. 114120, title II,  219 Feb. 8, 2016 130 Stat. 48 Pub. L. 115282, title I,  104(b) Dec. 4, 2018 132 Stat. 4196 Pub. L. 116283, div. G, title LVXXXIV Jan. 1, 2021 134 Stat. 4737 Pub. L. 117263, div. K, title CXII,  11259 Dec. 23, 2022 136 Stat. 4058  Editorial Notes  References in Text The date of the enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, referred to in subsec. (c), is the date of enactment of div. G of Pub. L. 116283 Jan. 1, 2021 Amendments 2022Subsec. (c)(4). Pub. L. 117263 2021 Pub. L. 116283 2018 Pub. L. 115282,  303 Pub. L. 115282,  104(b) section 98 of this title 2016Subsec. (b)(1). Pub. L. 114120,  219(1) Subsec. (b)(2). Pub. L. 114120,  219(2)  317. United States Coast Guard Band; composition; director (a) The United States Coast Guard Band shall be composed of a director and other personnel in such numbers and grades as the Secretary determines to be necessary. (b) The Secretary may designate as the director any individual determined by the Secretary to possess the necessary qualifications. Upon the recommendation of the Secretary, an individual so designated may be appointed by the President, by and with the advice and consent of the Senate, to a commissioned grade in the Regular Coast Guard. (c) The initial appointment to a commissioned grade of an individual designated as director of the Coast Guard Band shall be in the grade determined by the Secretary to be most appropriate to the qualifications and experience of the appointed individual. (d) An individual who is designated and commissioned under this section shall not be included on the active duty promotion list. He shall be promoted under section 2126 of this title (e) The Secretary may revoke any designation as director of the Coast Guard Band. When an individuals designation is revoked, his appointment to commissioned grade under this section terminates and he is entitled, at his option (1) to be discharged from the Coast Guard; or (2) to revert to the grade and status he held at the time of his designation as director. (Added Pub. L. 89189,  1(1) Sept. 17, 1965 79 Stat. 820 Pub. L. 102587, title V,  5201 Nov. 4, 1992 106 Stat. 5071 Pub. L. 107295, title III,  311 Nov. 25, 2002 116 Stat. 2102 Pub. L. 109241, title II,  204(a) July 11, 2006 120 Stat. 520 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4196  Editorial Notes Amendments 2018 Pub. L. 115282,  104(b) section 336 of this title Subsec. (d). Pub. L. 115282,  123(b)(2) 2006Subsec. (b). Pub. L. 109241,  204(a)(1) Subsec. (c). Pub. L. 109241,  204(a)(2) Subsec. (d). Pub. L. 109241,  204(a)(3) Subsec. (e). Pub. L. 109241,  204(a)(4) 2002Subsec. (d). Pub. L. 107295 1992Subsec. (d). Pub. L. 102587 Statutory Notes and Related Subsidiaries Current Director Pub. L. 109241, title II,  204(b) July 11, 2006 120 Stat. 520 The individual serving as Coast Guard band director on the date of enactment of this Act [ July 11, 2006  318. Environmental Compliance and Restoration Program (a)  Definitions For the purposes of this section (1) environment, facility, person, release, removal, remedial, and response have the same meaning they have in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9601 (2) hazardous substance has the same meaning it has in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9601 33 U.S.C. 1321 (3) pollutant has the same meaning it has in section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 (b)  Program. (1) The Secretary shall carry out a program of environmental compliance and restoration at current and former Coast Guard facilities. (2) Program goals include: (A) Identifying, investigating, and cleaning up contamination from hazardous substances and pollutants. (B) Correcting other environmental damage that poses an imminent and substantial danger to the public health or welfare or to the environment. (C) Demolishing and removing unsafe buildings and structures, including buildings and structures at former Coast Guard facilities. (D) Preventing contamination from hazardous substances and pollutants at current Coast Guard facilities. (3) (A) The Secretary shall respond to releases of hazardous substances and pollutants (i) at each Coast Guard facility the United States owns, leases, or otherwise possesses; (ii) at each Coast Guard facility the United States owned, leased, or otherwise possessed when the actions leading to contamination from hazardous substances or pollutants occurred; and (iii) on each vessel the Coast Guard owns or operates. (B) Subparagraph (A) of this paragraph does not apply to a removal or remedial action when a potentially responsible person responds under section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9622 (C) The Secretary shall pay a fee or charge imposed by a State authority for permit services for disposing of hazardous substances or pollutants from Coast Guard facilities to the same extent that nongovernmental entities are required to pay for permit services. This subparagraph does not apply to a payment that is the responsibility of a lessee, contractor, or other private person. (4) The Secretary may agree with another Federal agency for that agency to assist in carrying out the Secretarys responsibilities under this section. The Secretary may enter into contracts, cooperative agreements, and grant agreements with State and local governments to assist in carrying out the Secretarys responsibilities under this section. Services that may be obtained under this paragraph include identifying, investigating, and cleaning up off-site contamination that may have resulted from the release of a hazardous substance or pollutant at a Coast Guard facility. (5) Section 119 of the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9619 (c)  Amounts Recovered for Response Actions. (1) All sums appropriated to carry out the Coast Guards environmental compliance and restoration functions under this section or another law shall be credited or transferred to an appropriate Coast Guard account, as determined by the Commandant and remain available until expended. (2) Funds may be obligated or expended from such account to carry out the Coast Guards environmental compliance and restoration functions under this section or another law. (3) In proposing the budget for any fiscal year under section 1105 of title 31 (4) Amounts recovered under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9607 (d)  Annual List of Projects to Congress 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 prioritized list of projects eligible for environmental compliance and restoration funding for each fiscal year concurrent with the Presidents budget submission for that fiscal year. (Added Pub. L. 115282, title I,  104(c)(1)(B) Dec. 4, 2018 132 Stat. 4198  Editorial Notes  References in Text The Comprehensive Environmental Response, Compensation, and Liability Act, referred to in text, probably means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. 96510 Dec. 11, 1980 94 Stat. 2767 section 9601 of Title 42  319. Unmanned system program and autonomous control and computer vision technology project (a)  Unmanned System Program Not later than 2 years after the date of enactment of this section, the Secretary shall establish, under the control of the Commandant, an unmanned system program for the use by the Coast Guard of land-based, cutter-based, and aircraft-based unmanned systems for the purpose of increasing effectiveness and efficiency of mission execution. (b)  Autonomous Control and Computer Vision Technology Project. (1)  In general The Commandant shall conduct a project to retrofit 2 or more existing Coast Guard small boats deployed at operational units with (A) commercially available autonomous control and computer vision technology; and (B) such sensors and methods of communication as are necessary to control, and technology to assist in conducting, search and rescue, surveillance, and interdiction missions. (2)  Data collection As part of the project required under paragraph (1), the Commandant shall collect and evaluate field-collected operational data from the retrofit described in such paragraph to inform future requirements. (3)  Briefing Not later than 180 days after the date on which the project required under paragraph (1) is completed, 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 project that includes an evaluation of the data collected from the project. (c)  Unmanned System Defined In this section, the term unmanned system means (1) an unmanned aircraft system (as such term is defined in section 44801 of title 49 (2) an unmanned marine surface system; and (3) an unmanned marine subsurface system. (Added Pub. L. 115282, title III,  304(a) Dec. 4, 2018 132 Stat. 4244 Pub. L. 116283, div. G, title LVXXXIV Jan. 1, 2021 134 Stat. 4725 Pub. L. 117263, div. K, title CXII,  11225(a) Dec. 23, 2022 136 Stat. 4024  Editorial Notes  References in Text The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 117263 Dec. 23, 2022 Amendments 2022 Pub. L. 117263,  11225(a) Subsec. (b). Pub. L. 117263,  11803(a) section 44801 of title 49 49 U.S.C. 40101 Pub. L. 117263,  11225(a) 2021Subsec. (c). Pub. L. 116283 Statutory Notes and Related Subsidiaries Unmanned Aircraft Systems Testing Pub. L. 116283, div. G, title LVXXXIV Jan. 1, 2021 134 Stat. 4724  (a)  Training Area The Commandant [of the Coast Guard] shall carry out and update, as appropriate, a program for the use of one or more training areas to facilitate the use of unmanned aircraft systems and small unmanned aircraft to support missions of the Coast Guard. (b)  Designation of Area. (1)  In general Not later than 180 days after the date of enactment of this Act [ Jan. 1, 2021 (2)  Considerations In designating a training area under paragraph (1), the Commandant shall (A) ensure that such training area has or receives all necessary Federal Aviation Administration flight authorization; and (B) take into consideration all of the following attributes of the training area: (i) Direct over-water maritime access from the site. (ii) The availability of existing Coast Guard support facilities, including pier and dock space. (iii) Proximity to existing and available offshore Warning Area airspace for test and training. (iv) Existing facilities and infrastructure to support unmanned aircraft system-augmented, and small unmanned aircraft-augmented, training, evaluations, and exercises. (v) Existing facilities with a proven track record of supporting unmanned aircraft systems and small unmanned aircraft systems flight operations. (c)  Definitions In this section (1) the term existing means as of the date of enactment of this Act; and (2) the terms small unmanned aircraft and unmanned aircraft system have the meanings given those terms in section 44801 of title 49  320. Coast Guard Junior Reserve Officers Training Corps (a)  Establishment The Secretary of the department in which the Coast Guard is operating may establish and maintain a Junior Reserve Officers Training Corps, organized into units, at public and private secondary educational institutions. (b)  Applicability Except as provided in subsection (d), the provisions of chapter 102 of title 10 shall apply to a Junior Reserve Officers Training Corps established and maintained under this section in the same manner that such provisions apply to the Junior Reserve Officers Training Corps of each military department. For purposes of the application of such provisions to this section (1) any reference in such provisions to a military department shall be treated as a reference to the department in which the Coast Guard is operating; and (2) any reference in such provisions to a Secretary of a military department, a Secretary concerned, or the Secretary of Defense shall be treated as a reference to the Secretary of the department in which the Coast Guard is operating. (c)  Scope Beginning on December 31, 2025 (d)  Exception The requirements of chapter 102 of title 10 shall not apply to a unit of the Junior Reserve Officers Training Corps established by the Secretary of the department in which the Coast Guard is operating before the date of the enactment of this section unless the Secretary determines it is appropriate to apply such requirements to such unit. (Added Pub. L. 11692, div. A, title V,  519(a) Dec. 20, 2019 133 Stat. 1350 Pub. L. 117263, div. K, title CXII,  11247(a) Dec. 23, 2022 136 Stat. 4047  Editorial Notes  References in Text The date of the enactment of this section, referred to in subsec. (d), is the date of enactment of Pub. L. 11692 Dec. 20, 2019 Amendments 2022Subsec. (b). Pub. L. 117263,  11247(a)(2) Subsecs. (c), (d). Pub. L. 117263,  11247(a)(1)  321. Congressional affairs; Director  The Commandant shall appoint a Director of Congressional Affairs from among officers of the Coast Guard who are in a grade above captain. The Director of Congressional Affairs is separate and distinct from the Director of Governmental and Public Affairs for the Coast Guard and is the principal advisor to the Commandant on all congressional and legislative matters for the Coast Guard and may have such additional functions as the Commandant may direct. (Added Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4649  Editorial Notes Prior Provisions A prior section 321 was renumbered section 2158 of this title  322. Redistricting notification requirement The Commandant shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate at least 180 days before (1) implementing any plan to reduce the number of, change the location of, or change the geographic area covered by any existing Coast Guard Districts; or (2) permanently transferring more than 10 percent of the personnel or equipment from a district office where such personnel or equipment is based. (Added and amended Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4745  Editorial Notes Codification Pub. L. 108293, title II,  215 Aug. 9, 2004 118 Stat. 1038 section 504 of this title section 321 of this title Pub. L. 116283,  8501(a)(1) Prior Provisions A prior section 322 was renumbered section 2159 of this title For redesignation of prior sections 323 to 500 not listed below as having been previously repealed or renumbered, see Table Showing Redesignations Made by Title I of Pub. L. 115282 section 101 of this title A prior section 356, act Aug. 4, 1949, ch. 393 63 Stat. 521 act Aug. 3, 1950, ch. 536,  36 64 Stat. 408 A prior section 358, act Aug. 4, 1949, ch. 393,  1 63 Stat. 522 Pub. L. 88114,  1(2) Sept. 6, 1963 77 Stat. 144 Prior sections 363 and 364 were repealed by act Aug. 3, 1950, ch. 536,  36 64 Stat. 408 Section 363, act Aug. 4, 1949, ch. 393 63 Stat. 523 section 1207 of Title 10 Section 364, act Aug. 4, 1949, ch. 393 63 Stat. 523 section 1207 of Title 10 A prior section 368, act Aug. 4, 1949, ch. 393 63 Stat. 524 Pub. L. 97322, title I,  115(b)(1) Oct. 15, 1982 96 Stat. 1585 A prior section 425, act Aug. 4, 1949, ch. 393 63 Stat. 525 act Aug. 3, 1950, ch. 536,  36 64 Stat. 408 section 1216 of Title 10 Prior sections 431, 433, and 434 were repealed by Pub. L. 99640,  10(a)(6)(A) Nov. 10, 1986 100 Stat. 3549 Nov. 10, 1986 Section 431, acts Aug. 4, 1949, ch. 393 63 Stat. 526 Aug. 3, 1950, ch. 536,  24 64 Stat. 407 Section 433, acts Aug. 4, 1949, ch. 393 63 Stat. 528 Sept. 27, 1949, ch. 586 63 Stat. 698 Sept. 24, 1963 Pub. L. 88130,  1(11) 77 Stat. 190 Oct. 12, 1982 Pub. L. 97295,  2(11) 96 Stat. 1302 Section 434, added act Sept. 23, 1950, ch. 996 64 Stat. 978 Oct. 12, 1982 Pub. L. 97295,  2(14) 96 Stat. 1302 Prior sections 435 to 437 were repealed by Pub. L. 88130,  4(a) Sept. 24, 1963 77 Stat. 192 Section 435, added act Aug. 10, 1956, ch. 1041,  9(a) 70A Stat. 620 Section 436, added act Aug. 10, 1956, ch. 1041,  9(a) 70A Stat. 621 Section 437, acts Aug. 10, 1956, ch. 1041,  9(a) 70A Stat. 622 June 28, 1962 Pub. L. 87509,  4(b) 76 Stat. 121 A prior section 438, added act Aug. 10, 1956, ch. 1041,  9(a) 70A Stat. 623 June 9, 1966 Pub. L. 89444,  1(21) 80 Stat. 197 Dec. 12, 1980 Pub. L. 96513, title V,  505(b) 94 Stat. 2918 Pub. L. 99640,  10(a)(6)(A) Nov. 10, 1986 100 Stat. 3549 Nov. 10, 1986 Prior sections 439 and 440 were repealed by Pub. L. 88130,  4(a) Sept. 24, 1963 77 Stat. 192 Section 439, added act July 20, 1956, ch. 647,  3(a) 70 Stat. 588 Section 440, added Pub. L. 85861,  33(b)(1) Sept. 2, 1958 72 Stat. 1567 A prior section 462, acts Aug. 4, 1949, ch. 393 63 Stat. 530 May 14, 1960 Pub. L. 86474,  1(19) 74 Stat. 146 Pub. L. 87649 Sept. 7, 1962 76 Stat. 502 Nov. 1, 1962 section 202 of Title 37 A prior section 462a, added act Aug. 10, 1956, ch. 1041,  10(a) 70A Stat. 623 Sept. 7, 1962 Pub. L. 87649,  7(b) 76 Stat. 495 Pub. L. 97417,  2(11) Jan. 4, 1983 96 Stat. 2086 A prior section 463, act Aug. 4, 1949, ch. 393 63 Stat. 530 act Aug. 3, 1950, ch. 536,  36 64 Stat. 408 Prior sections 464 and 465 were repealed by Pub. L. 87649 Sept. 7, 1962 76 Stat. 502 Nov. 1, 1962 Section 464, act Aug. 4, 1949, ch. 393 63 Stat. 531 section 703 of Title 37 Section 465, act Aug. 4, 1949, ch. 393 63 Stat. 531 section 1006 of Title 37 A prior section 466, act Aug. 4, 1949, ch. 393 63 Stat. 531 act July 12, 1955, ch. 328,  5(3) 69 Stat. 296 section 2771 of Title 10 section 714 of Title 32 A prior section 471a, added act Aug. 10, 1956, ch. 1041,  11(a) 70A Stat. 624 Pub. L. 87651, title III,  307B Sept. 7, 1962 76 Stat. 526 A prior section 472, act Aug. 4, 1949, ch. 393 63 Stat. 532 act Aug. 3, 1950, ch. 536,  36 64 Stat. 408 A prior section 473, act Aug. 4, 1949, ch. 393 63 Stat. 532 Pub. L. 97295,  2(15)(A) Oct. 12, 1982 96 Stat. 1302 A prior section 474, act Aug. 4, 1949, ch. 393 63 Stat. 532 act Sept. 1, 1954, ch. 1211,  5 68 Stat. 1130 A prior section 489, act Aug. 4, 1949, ch. 393 63 Stat. 534 act Aug. 1, 1956, ch. 837, title V,  502(8)(A) 70 Stat. 886 A prior section 490, acts Aug. 4, 1949, ch. 393,  1 63 Stat. 534 Aug. 3, 1950, ch. 536,  26 64 Stat. 407 Aug. 23, 1958 Pub. L. 85738,  1 72 Stat. 832 Sept. 15, 1965 Pub. L. 89185,  2 79 Stat. 789 Pub. L. 88558,  7 Aug. 31, 1964 78 Stat. 768 Aug. 31, 1964 section 3721 of Title 31 Pub. L. 89185 Pub. L. 88558 Pub. L. 97258,  5(b) Sept. 13, 1982 96 Stat. 1068 A prior section 492a was renumbered section 492b of this title section 2738 of this title A prior section 495, act Aug. 4, 1949, ch. 393 63 Stat. 535 Pub. L. 87526,  1(3) July 10, 1962 76 Stat. 141 Pub. L. 87649 Sept. 7, 1962 76 Stat. 502 Nov. 1, 1962 Amendments 2021 Pub. L. 116283 section 215 of Pub. L. 108293  323. Western Alaska Oil Spill Planning Criteria Program (a)  Establishment There is established within the Coast Guard a Western Alaska Oil Spill Planning Criteria Program (referred to in this section as the Program) to develop and administer the Western Alaska oil spill planning criteria. (b)  Program Manager. (1)  In general Not later than 1 year after the date of enactment of this section, the Commandant shall select a permanent civilian career employee through a competitive search process for a term of not less than 5 years to serve as the Western Alaska Oil Spill Criteria Program Manager (referred to in this section as the Program Manager) (A) the primary duty of whom shall be to administer the Program; and (B) who shall not be subject to frequent or routine reassignment. (2)  Conflicts of interest The individual selected to serve as the Program Manager shall not have conflicts of interest relating to entities regulated by the Coast Guard. (3)  Duties (A)  Development of guidance The Program Manager shall develop guidance for (i) approval, drills, and testing relating to the Western Alaska oil spill planning criteria; and (ii) gathering input concerning such planning criteria from Federal agencies, State and local governments, Tribes, and relevant industry and nongovernmental entities. (B)  Assessments Not less frequently than once every 5 years, the Program Manager shall (i) assess whether such existing planning criteria adequately meet the needs of vessels operating in the geographic area; and (ii) identify methods for advancing response capability so as to achieve, with respect to a vessel, compliance with national planning criteria. (C)  Onsite verifications The Program Manager shall address the relatively small number and limited nature of verifications of response capabilities for vessel response plans by increasing, within the Seventeenth Coast Guard District, the quantity and frequency of onsite verifications of the providers identified in vessel response plans. (c)  Training The Commandant shall enhance the knowledge and proficiency of Coast Guard personnel with respect to the Program by (1) developing formalized training on the Program that, at a minimum (A) provides in-depth analysis of (i) the national planning criteria described in part 155 of title 33, Code of Federal Regulations (as in effect on the date of enactment of this section); (ii) alternative planning criteria; (iii) Western Alaska oil spill planning criteria; (iv) Captain of the Port and Federal On-Scene Coordinator authorities related to activation of a vessel response plan; (v) the responsibilities of vessel owners and operators in preparing a vessel response plan for submission; and (vi) responsibilities of the Area Committee, including risk analysis, response capability, and development of alternative planning criteria; (B) explains the approval processes of vessel response plans that involve alternative planning criteria or Western Alaska oil spill planning criteria; and (C) provides instruction on the processes involved in carrying out the actions described in paragraphs (9)(D) and (9)(F) of section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) (i) in any geographic area in the United States; and (ii) specifically in the Seventeenth Coast Guard District; and (2) providing such training to all Coast Guard personnel involved in the Program. (d)  Definitions In this section: (1)  Alternative planning criteria The term alternative planning criteria means criteria submitted under section 155.1065 or 155.5067 of title 33, Code of Federal Regulations (as in effect on the date of enactment of this section), for vessel response plans. (2)  Tribe The term Tribe has the meaning given the term Indian Tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (3)  Vessel response plan The term vessel response plan means a plan required to be submitted by the owner or operator of a tank vessel or a nontank vessel under regulations issued by the President under section 311(j)(5) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j)(5) (4)  Western alaska oil spill planning criteria The term Western Alaska oil spill planning criteria means the criteria required to be established under paragraph (9) of section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) (Added Pub. L. 117263, div. K, title CXIII,  11309(a)(1) Dec. 23, 2022 136 Stat. 4079  Editorial Notes  References in Text The date of enactment of this section, referred to in subsecs. (b)(1), (c)(1)(A)(i), and (d)(1), is the date of enactment of Pub. L. 117263 Dec. 23, 2022 Statutory Notes and Related Subsidiaries Rule of Construction Nothing in amendment made by Pub. L. 117263 section 11003 of Pub. L. 117263 section 245 of Title 6 CHAPTER 5 FUNCTIONS AND POWERS    SUBCHAPTER IGENERAL POWERS  Sec.  501. Secretary; general powers.  502. Delegation of powers by the Secretary.  503. Regulations.  504. Commandant; general powers.  505. Functions and powers vested in the Commandant.  506. Prospective payment of funds necessary to provide medical care.  507. Appointment of judges.  508. Coast Guard health-care professionals; licensure portability.  509. Space-available travel on Coast Guard aircraft.  510. Conveyance of Coast Guard vessels for public purposes.  SUBCHAPTER IILIFE SAVING AND LAW ENFORCEMENT AUTHORITIES  521. Saving life and property.  522. Law enforcement.  523. Enforcement authority.  524. Enforcement of coastwise trade laws.  525. Special agents of the Coast Guard Investigative Service law enforcement authority.  526. Stopping vessels; indemnity for firing at or into vessel.  527. Safety of vessels of the Armed Forces.  528. Protecting against unmanned aircraft.  SUBCHAPTER IIIAIDS TO NAVIGATION  541. Aids to navigation authorized.  542. Unauthorized aids to maritime navigation; penalty.  543. Interference with aids to navigation; penalty.  544. Aids to maritime navigation; penalty.  545. Marking of obstructions.  546. Deposit of damage payments.  547. Rewards for apprehension of persons interfering with aids to navigation.  548. Prohibition against officers and employees being interested in contracts for materials.  549. Lighthouse and other sites; necessity and sufficiency of cession by State of jurisdiction.  550. Marking pierheads in certain lakes.  548. Marking anchorage grounds by Commandant of the Coast Guard. 1 1 Pub. L. 117263  SUBCHAPTER IVMISCELLANEOUS  561. Icebreaking in polar regions.  562. Appeals and waivers.  563. Notification of certain determinations.  564. Administration of sexual assault forensic examination kits.  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. 115282, title I,  105(a) Dec. 4, 2018 132 Stat. 4199 Amendments 2022 Pub. L. 117263, div. K, title CXII Dec. 23, 2022 136 Stat. 4032 section 11258(b)(2) of Pub. L. 117263 2021 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4756 2018 Pub. L. 115282, title I,  105(a) Dec. 4, 2018 132 Stat. 4200 SUBCHAPTER I GENERAL POWERS  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  105(c)(1) Dec. 4, 2018 132 Stat. 4202  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 Oct. 31, 1951, ch. 654 65 Stat. 702 Pub. L. 97295,  2(4) Oct. 12, 1982 96 Stat. 1301 Pub. L. 98557,  15(a)(3)(D) Oct. 30, 1984 98 Stat. 2865 Pub. L. 107217,  3(c)(1) Aug. 21, 2002 116 Stat. 1298 Pub. L. 111350,  5(c)(1) Jan. 4, 2011 124 Stat. 3847 Pub. L. 115232, div. C, title XXXV,  3533(a) Aug. 13, 2018 132 Stat. 2321 Pub. L. 115282, title I,  105(b) Dec. 4, 2018 132 Stat. 4200  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 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 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 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 Subsection (e) is new. It is derived from title 14, U.S.C., 1946 ed.,  31b ( June 6, 1941, ch. 177 55 Stat. 247 act June 30, 1949, ch. 288, title VI,  602(a)(28) 63 Stat. 399 Sept. 5, 1950, ch. 849,  6(a) 64 Stat. 583 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 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 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. 115282,  105(b) section 92 of this title Subsec. (d). Pub. L. 115282,  311(a) Subsecs. (e) to (i). Pub. L. 115232 2011Subsec. (d). Pub. L. 111350 41 U.S.C. 251 2002Subsec. (d). Pub. L. 107217 41 U.S.C. 251 40 U.S.C. 471 1984Subsec. (b). Pub. L. 98557 1982Subsec. (d). Pub. L. 97295 40 U.S.C. 471 1951Subsec. (c). Act Oct. 31, 1951 Subsec. (d). Act Oct. 31, 1951 Subsec. (e). Act Oct. 31, 1951 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 section 542 of Title 6 At-Sea Recovery Operations Pilot Program Pub. L. 117263, div. K, title CXV,  11504 Dec. 23, 2022 136 Stat. 4131  (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 (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. 117263 section 11002 of Pub. L. 117263 section 106 of this title Conveyance of Coast Guard Vessels for Public Purposes Pub. L. 111281, title IX,  914 Oct. 15, 2010 124 Stat. 3018 section 510 of this title section 509 of this title Pub. L. 117263, div. K, title CXII,  11258(a) Dec. 23, 2022 136 Stat. 4057 Implementation of International Agreements Pub. L. 109241, title VIII,  801 July 11, 2006 120 Stat. 562  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. 109241, title VIII,  802 July 11, 2006 120 Stat. 563 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. 107295, title III,  345 Nov. 25, 2002 116 Stat. 2106  (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 regions 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. 107295, title IV,  406 Nov. 25, 2002 116 Stat. 2116 section 720 of this title section 719 of this title Pub. L. 116283, div. G, title LVXXXV 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. 104104 47 U.S.C. 332 47 U.S.C. 357(d) Purchase of American-Made Equipment and Products; Notice to Recipients of Assistance Pub. L. 104324, title XI,  1127 Oct. 19, 1996 110 Stat. 3983  (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. 101380, title IV,  4203 Aug. 18, 1990 104 Stat. 532 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. 101225, title II,  204 Dec. 12, 1989 103 Stat. 1911  (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. 101225, title II,  213 Dec. 12, 1989 103 Stat. 1914 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. 12711279c) [see 46 U.S.C. 53701 Lifesaving Equipment on Passenger Ferries Pub. L. 98557,  10 Oct. 30, 1984 98 Stat. 2863 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. 10566, title I Oct. 27, 1997 111 Stat. 1426 Pub. L. 104205, title I Sept. 30, 1996 110 Stat. 2953 Pub. L. 10450, title I Nov. 15, 1995 109 Stat. 438 Pub. L. 103331, title I Sept. 30, 1994 108 Stat. 2473 Pub. L. 103122, title I Oct. 27, 1993 107 Stat. 1201 Pub. L. 102388, title I Oct. 6, 1992 106 Stat. 1523 Pub. L. 102143, title I Oct. 28, 1991 105 Stat. 920 Pub. L. 101516, title I Nov. 5, 1990 104 Stat. 2158 Pub. L. 101164, title I Nov. 21, 1989 103 Stat. 1071 Pub. L. 100457, title I Sept. 30, 1988 102 Stat. 2126 Pub. L. 100202,  101 l Dec. 22, 1987 101 Stat. 1329358 Pub. L. 99500,  101 l Oct. 18, 1986 100 Stat. 1783308 Pub. L. 99591,  101 l Oct. 30, 1986 100 Stat. 3341308 Pub. L. 99190,  101(e) [title I] Dec. 19, 1985 99 Stat. 1267 Pub. L. 98473, title I,  101(i) [title I] Oct. 12, 1984 98 Stat. 1944 Pub. L. 9878, title I Aug. 15, 1983 97 Stat. 454 Pub. L. 97369, title I Dec. 18, 1982 96 Stat. 1766 Pub. L. 97102, title I Dec. 23, 1981 95 Stat. 1443 Pub. L. 96400, title I Oct. 9, 1980 94 Stat. 1681 Pub. L. 96131, title I Nov. 30, 1979 93 Stat. 1023 Pub. L. 95335, title I Aug. 4, 1978 92 Stat. 435 Pub. L. 9585, title I Aug. 2, 1977 91 Stat. 402 Pub. L. 94387, title I Aug. 14, 1976 90 Stat. 1172 Pub. L. 94134, title I Nov. 24, 1975 89 Stat. 696 Pub. L. 93391, title I Aug. 28, 1974 88 Stat. 769 Pub. L. 9398, title I Aug. 16, 1973 87 Stat. 330 Pub. L. 92398, title I Aug. 22, 1972 86 Stat. 581 Pub. L. 9274, title I Aug. 10, 1971 85 Stat. 202 Pub. L. 91168, title I Dec. 26, 1969 83 Stat. 454 Pub. L. 90464, title I Aug. 8, 1968 82 Stat. 654 Pub. L. 90112, title II Oct. 23, 1967 81 Stat. 312 Pub. L. 89474, title I June 29, 1966 80 Stat. 223 Pub. L. 8957, title I June 30, 1965 79 Stat. 197 Pub. L. 88392, title I Aug. 1, 1964 78 Stat. 369 Pub. L. 8839, title I June 13, 1963 77 Stat. 59 Pub. L. 87575, title I Aug. 6, 1962 76 Stat. 311 Pub. L. 87159, title I Aug. 21, 1961 75 Stat. 395 Pub. L. 86561, title I June 30, 1960 74 Stat. 285 Pub. L. 8639, title I June 11, 1959 73 Stat. 67 Pub. L. 85354, title I Mar. 28, 1958 72 Stat. 62 Pub. L. 8537, title I May 27, 1957 71 Stat. 37 Apr. 2, 1956, ch. 161 70 Stat. 93 June 1, 1955, ch. 113 69 Stat. 74 May 28, 1954, ch. 242 68 Stat. 146 June 18, 1953, ch. 132 67 Stat. 69 June 30, 1952, ch. 523 66 Stat. 291 Aug. 11, 1951, ch. 301 65 Stat. 185 Sept. 6, 1950, ch. 896 64 Stat. 639 June 30, 1949, ch. 286 63 Stat. 367 June 19, 1948, ch. 558 62 Stat. 563 July 1, 1947, ch. 186 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 Pub. L. 94546,  1(33) Oct. 18, 1976 90 Stat. 2521 Pub. L. 115282, 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. 115282 section 631 of this title 1976 Pub. L. 94546 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. 97322, title I,  118(e) Oct. 15, 1982 96 Stat. 1587  (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  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 Pub. L. 115282, 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. 115282 section 633 of this title  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 section 30305(b)(7) of title 49 (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 1 (c)  Marine Safety Responsibilities In exercising the Commandants 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 (2) the exercise of authority under section 527 of this title (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 Aug. 3, 1950, ch. 536,  2 64 Stat. 406 Oct. 31, 1951, ch. 654 65 Stat. 702 Pub. L. 94546,  1(9) Oct. 18, 1976 90 Stat. 2519 Pub. L. 97136,  6(d) Dec. 29, 1981 95 Stat. 1706 Pub. L. 97276,  143 Oct. 2, 1982 96 Stat. 1199 Pub. L. 97295,  2(4) Oct. 12, 1982 96 Stat. 1301 Pub. L. 97322, title I,  115(c) Oct. 15, 1982 96 Stat. 1586 Pub. L. 102241,  7 Dec. 19, 1991 105 Stat. 2212 Pub. L. 103206, title II,  202 Dec. 20, 1993 107 Stat. 2420 Pub. L. 104324, title II,  207(a) Oct. 19, 1996 110 Stat. 3908 Pub. L. 105383, title II Nov. 13, 1998 112 Stat. 3414 Pub. L. 107217,  3(c)(2) Aug. 21, 2002 116 Stat. 1298 Pub. L. 108293, title II Aug. 9, 2004 118 Stat. 1031 Pub. L. 109241, title IX,  901(a) July 11, 2006 120 Stat. 564 Pub. L. 111259, title IV,  442(1) Oct. 7, 2010 124 Stat. 2733 Pub. L. 111281, title V,  523 Oct. 15, 2010 124 Stat. 2958 Pub. L. 111350,  5(c)(2) Jan. 4, 2011 124 Stat. 3847 Pub. L. 112213, title II,  202 Dec. 20, 2012 126 Stat. 1543 Pub. L. 113281, title II Dec. 18, 2014 128 Stat. 3025 Pub. L. 114120, title II,  209(4) Feb. 8, 2016 130 Stat. 40 Pub. L. 115232, div. C, title XXXV,  3533(b) Aug. 13, 2018 132 Stat. 2321 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4200 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4747 Pub. L. 117263, 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 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 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 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 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 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 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 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 act June 30, 1949, ch. 288, title VI,  602(a)(28) 63 Stat. 399 Sept. 5, 1950, ch. 849,  6(a) 64 Stat. 583 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 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 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 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. 92340 section 1223(e) of Title 33 Pub. L. 115282, title IV,  402(e) Dec. 4, 2018 132 Stat. 4264 section 101 of Title 46 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. 111281 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 act July 15, 1954, ch. 507,  14(c)(5) 68 Stat. 481 section 1481 of Title 10 Amendments 2022Subsec. (a)(26). Pub. L. 117263 2021Subsec. (a)(19)(B). Pub. L. 116283,  8505(a)(3)(A) Subsec. (c)(4). Pub. L. 116283,  8505(a)(3)(B) 2018 Pub. L. 115282,  105(b)(2) section 93 of this title Subsec. (a)(7). Pub. L. 115282,  123(b)(2) Subsec. (a)(13). Pub. L. 115282,  123(b)(2) Subsec. (a)(21). Pub. L. 115232 Subsec. (c). Pub. L. 115282,  123(b)(2) Subsec. (d)(1). Pub. L. 115282,  123(b)(2) Subsec. (d)(2). Pub. L. 115282,  123(b)(2) Subsec. (f)(2)(D). Pub. L. 115282,  123(b)(2) 2016Subsec. (a)(25). Pub. L. 114120,  610(b) Subsec. (f)(2). Pub. L. 114120,  209(4) 2014Subsec. (a)(4). Pub. L. 113281,  206(a) Subsec. (a)(7). Pub. L. 113281,  214(c) Pub. L. 113281,  207 Subsec. (a)(13). Pub. L. 113281,  208(a) Subsec. (b)(1). Pub. L. 113281,  222(1) Subsec. (f). Pub. L. 113281,  209 2012Subsec. (e). Pub. L. 112213 2011Subsec. (a)(8). Pub. L. 111350 41 U.S.C. 251 Pub. L. 108293,  201 2010Subsec. (a)(4). Pub. L. 111259 Subsecs. (c), (d). Pub. L. 111281 2006Subsec. (a)(19). Pub. L. 109241,  901(a) Subsec. (a)(24). Pub. L. 109241,  901(c) 2004 Pub. L. 108293,  201 l Pub. L. 108293,  217 Pub. L. 108293,  201 2002Subsec. (h). Pub. L. 107217 41 U.S.C. 251 40 U.S.C. 471 1998Subsec. (w). Pub. L. 105383,  202 Subsec. (x). Pub. L. 105383,  203 1996Subsec. (v). Pub. L. 104324 1993Subsec. (t). Pub. L. 103206,  202 Subsec. (u). Pub. L. 103206,  316 1991Subsec. (s). Pub. L. 102241 1982Subsec. (h). Pub. L. 97295 40 U.S.C. 471 Subsec. (r). Pub. L. 97276 Pub. L. 97322 1981Subsec. (p). Pub. L. 97136 1976Subsec. (n). Pub. L. 94546 1951Subsec. (h). Act Oct. 31, 1951 Subsec. (i). Act Oct. 31, 1951 Subsec. (k). Act Oct. 31, 1951 1950Subsec. ( o Aug. 3, 1950 Subsec. (p). Act Aug. 3, 1950 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 section 542 of Title 6 Pilot Project for Enhancing Coast Guard Cutter Readiness Through Condition-Based Maintenance Pub. L. 117263, div. K, title CXII,  11208 Dec. 23, 2022 136 Stat. 4011  (a)  In General Not later than 3 years after the date of enactment of this Act [ Dec. 23, 2022 (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. 117263, div. K, title CXII,  11213 Dec. 23, 2022 136 Stat. 4015  (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 (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 (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 Marys 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. 117263 section 11002 of Pub. L. 117263 section 106 of this title Enhancing Maritime Cybersecurity Pub. L. 117263, div. K, title CXII,  11224 Dec. 23, 2022 136 Stat. 4023  (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 (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 (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 (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. 117263, div. K, title CXII,  11226 Dec. 23, 2022 136 Stat. 4026  (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 (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. 117263, div. K, title CXII,  11228 Dec. 23, 2022 136 Stat. 4028  (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 (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. 117263, div. K, title CXII,  11248 Dec. 23, 2022 136 Stat. 4048  (a)  In General Not later than 180 days after the date of enactment of this Act [ Dec. 23, 2022 section 1904 of title 14 (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. 117263, div. K, title CXIII,  11323 Dec. 23, 2022 136 Stat. 4094  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 (2) other military activities that will impact recreational or commercial activities. Development of Medical Staffing Standards for Coast Guard Pub. L. 117263, div. K, title CXIV,  11406 Dec. 23, 2022 136 Stat. 4112  (a)  In General Not later than 180 days after the date of enactment of this Act [ Dec. 23, 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. 117263, div. K, title CXIV,  11408 Dec. 23, 2022 136 Stat. 4115  (a)  In General Not later than 180 days after the date of enactment of this Act [ Dec. 23, 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. 117263, div. K, title CXIV,  11409 Dec. 23, 2022 136 Stat. 4116  (a)  Interim Behavioral Health Policy. (1)  In general Not later than 180 days after the date of enactment of this Act [ Dec. 23, 2022 (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. 117263, div. K, title CXIV,  11412 Dec. 23, 2022 136 Stat. 4119  (a)  In General Not later than 180 days after the date of enactment of this Act [ Dec. 23, 2022 (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. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4650  (a)  Action Plan. (1)  In general Not later than 180 days after the date of the enactment of this Act [ Jan. 1, 2021 (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 Corporations 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. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4673  (a)  In General Not later than 1 year after the date of the enactment of this Act [ Jan. 1, 2021 (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 Unmanned Maritime Systems and Satellite Vessel Tracking Technologies Pub. L. 116283, div. G, title LVXXXIV Jan. 1, 2021 134 Stat. 4723  (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 (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. 116283, div. G, title LVXXXIV Jan. 1, 2021 134 Stat. 4726  (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 Electronic Health Records Pub. L. 115282, title III,  305(c) Dec. 4, 2018 132 Stat. 4246  (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 10 U.S.C. 3201 Training of Coast Guard Personnel Pub. L. 115265, title II,  210 Oct. 11, 2018 132 Stat. 3748 Pub. L. 116283, div. G, title LVXXXI Jan. 1, 2021 134 Stat. 4639 Days Away From Homeport Pub. L. 114120, title II,  204(c) Feb. 8, 2016 130 Stat. 35 Pub. L. 115282, title VIII,  818(b)(2) Dec. 4, 2018 132 Stat. 4308  Not later than 1 year after the date of the enactment of this Act [ Feb. 8, 2016 [(1) Repealed. Pub. L. 115282, 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. 111281, title II,  217 Oct. 15, 2010 124 Stat. 2917 Pub. L. 115232, div. C, title XXXV,  3521(a)(2) Aug. 13, 2018 132 Stat. 2314 section 5112 of this title section 5111 of this title Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4745 Marine Vessel and Cold Water Safety Education Pub. L. 109241, title IV,  405 July 11, 2006 120 Stat. 535 The Coast Guard shall continue cooperative agreements and partnerships with organizations in effect on the date of enactment of this Act [ July 11, 2006 Redistricting Notification Requirement Pub. L. 108293, title II,  215 Aug. 9, 2004 118 Stat. 1038 section 322 of this title section 321 of this title Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4745 Innovative Construction Alternatives Pub. L. 108293, title II,  222 Aug. 9, 2004 118 Stat. 1040 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. 109241, title II,  210 July 11, 2006 120 Stat. 523  (a)  Operation and Maintenance Plan Not later than 90 days after the date of enactment of this Act [ July 11, 2006 (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. 107295, title IV,  429 Nov. 25, 2002 116 Stat. 2127 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. 107295, title IV,  430 Nov. 25, 2002 116 Stat. 2128  (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. 105383, title IV,  416(d) Nov. 13, 1998 112 Stat. 3437 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 54 U.S.C. 300101  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 Pub. L. 115282, 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 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 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 act July 15, 1954, ch. 507,  14(c)(5) 68 Stat. 481 section 1481 of Title 10 Amendments 2018 Pub. L. 115282 section 632 of this title  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 (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. 114328, div. A, title VII,  722(a) Dec. 23, 2016 130 Stat. 2228 Pub. L. 115282, title I,  105(b) Dec. 4, 2018 132 Stat. 4200 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4760  Editorial Notes Prior Provisions A prior section 506, act Aug. 4, 1949, ch. 393 63 Stat. 537 act July 15, 1954, ch. 507,  14(c)(5) 68 Stat. 481 section 1481 of Title 10 Amendments 2021Subsec. (a)(1). Pub. L. 116283,  8513(a)(1)(A) Subsec. (b)(1). Pub. L. 116283,  8513(a)(1)(B) 2018 Pub. L. 115282 section 520 of this title  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. 111281, title II,  201(a) Oct. 15, 2010 124 Stat. 2909 Pub. L. 115282, 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. 115282 section 153 of this title  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. 115282, 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 (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 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. 117263, 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 (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. 117263, div. K, title CXII,  11258(a) 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. 117263 Dec. 23, 2022 The Toxic Substances Control Act, referred to in subsec. (c), is Pub. L. 94469 Oct. 11, 1976 90 Stat. 2003 section 2601 of Title 15 Codification Pub. L. 111281, title IX,  914 Oct. 15, 2010 124 Stat. 3018 section 501 of this title section 509 of this title Pub. L. 117263,  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. 115282 section 101 of this title Amendments 2022Subsec. (a). Pub. L. 117263,  11258(c)(1) Subsec. (b)(1). Pub. L. 117263,  11258(c)(2)(A) Subsec. (b)(2). Pub. L. 117263,  11258(c)(2)(B) Subsec. (b)(3). Pub. L. 117263,  11258(c)(2)(C) SUBCHAPTER II LIFE SAVING AND LAW ENFORCEMENT AUTHORITIES  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  105(c)(2) Dec. 4, 2018 132 Stat. 4202  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 (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 individuals 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 Pub. L. 91278,  1(3) June 12, 1970 84 Stat. 304 Pub. L. 100448,  30(a) Sept. 28, 1988 102 Stat. 1849 Pub. L. 101595, title IV,  401 Nov. 16, 1990 104 Stat. 2989 Pub. L. 104324, title II,  213(a) Oct. 19, 1996 110 Stat. 3915 Pub. L. 112213, title II,  201 Dec. 20, 2012 126 Stat. 1543 Pub. L. 113281, title II,  205(a)(4) Dec. 18, 2014 128 Stat. 3025 Pub. L. 115282, title I,  105(b) Dec. 4, 2018 132 Stat. 4200 Pub. L. 116283, div. G, title LVXXXV 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 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 2021Subsecs. (a), (b)(1). Pub. L. 116283 2018 Pub. L. 115282 section 88 of this title 2014Subsec. (c)(2). Pub. L. 113281 2012Subsec. (e). Pub. L. 112213 1996Subsec. (d). Pub. L. 104324 1990Subsec. (c). Pub. L. 101595 1988Subsec. (b). Pub. L. 100448 1970Subsec. (a). Pub. L. 91278 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 section 542 of Title 6 Aqua Alert Notification System Pilot Program Pub. L. 117263, div. K, title CXII,  11207 Dec. 23, 2022 136 Stat. 4010  (a)  In General Not later than 2 years after the date of enactment of this Act [ Dec. 23, 2022 section 521 of title 14 (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 (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. 117263 section 11003 of Pub. L. 117263 section 245 of Title 6 Survival and Locating Equipment Pub. L. 115265, title II,  209 Oct. 11, 2018 132 Stat. 3747 Not later than 2 years after the date of the enactment of this Act [ Oct. 11, 2018 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. 97322, title I,  113 Oct. 15, 1982 96 Stat. 1585 Pub. L. 100448,  30(b) Sept. 28, 1988 102 Stat. 1850 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 ships 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 Aug. 3, 1950, ch. 536,  1 64 Stat. 406 Pub. L. 115282, title I,  105(b) Dec. 4, 2018 132 Stat. 4200 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4748  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  4547, 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 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 2021Subsec. (a). Pub. L. 116283 2018 Pub. L. 115282 section 89 of this title 1950Subsec. (a). Act Aug. 3, 1950 Statutory Notes and Related Subsidiaries Review of Drug Interdiction Equipment and Standards; Testing for Fentanyl During Interdiction Operations Pub. L. 117263, div. K, title CXII,  11268 Dec. 23, 2022 136 Stat. 4063  (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 (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. 117263, div. K, title CXII,  11269 Dec. 23, 2022 136 Stat. 4064 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. 115282, title VIII,  806 Dec. 4, 2018 132 Stat. 4300  (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 (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. 111281, title II,  208(a) Oct. 15, 2010 124 Stat. 2912 Pub. L. 115282, title I,  105(b) Dec. 4, 2018 132 Stat. 4200  Editorial Notes Amendments 2018 Pub. L. 115282 section 99 of this title  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. 111281, title II,  216(a) Oct. 15, 2010 124 Stat. 2917 Pub. L. 115282, title I,  105(b) Dec. 4, 2018 132 Stat. 4200  Editorial Notes Amendments 2018 Pub. L. 115282 section 100 of this title  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 agents 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. 100448,  10(a) Sept. 28, 1988 102 Stat. 1842 Pub. L. 105383, title II,  205(a) Nov. 13, 1998 112 Stat. 3415 Pub. L. 107296, title XVII,  1704(a) Nov. 25, 2002 116 Stat. 2314 Pub. L. 112213, title II,  217(2) Dec. 20, 2012 126 Stat. 1557 Pub. L. 115282, title I,  105(b) Dec. 4, 2018 132 Stat. 4200 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4748  Editorial Notes Amendments 2021Subsec. (a)(1)(C)(ii). Pub. L. 116283 2018 Pub. L. 115282 section 95 of this title 2012Subsec. (c). Pub. L. 112213 2002Subsec. (c). Pub. L. 107296 1998 Pub. L. 105383 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10  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 individuals 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 1 (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 Pub. L. 100690, title VII,  7401(a) Nov. 18, 1988 102 Stat. 4483 Pub. L. 10665, div. A, title X,  1022 Oct. 5, 1999 113 Stat. 746 Pub. L. 108293, title II,  205(a) Aug. 9, 2004 118 Stat. 1032 Pub. L. 111281, title II,  213(a) Oct. 15, 2010 124 Stat. 2915 Pub. L. 114120, title II,  209(9) Feb. 8, 2016 130 Stat. 41 Pub. L. 115282, title I,  105(b) Dec. 4, 2018 132 Stat. 4200 Pub. L. 116283, div. G, title LVXXXV 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 section 279 of title 10 Pub. L. 114328, div. A, title XII,  1241(a)(2) Dec. 23, 2016 130 Stat. 2497 Amendments 2021Subsec. (a). Pub. L. 116283,  8505(a)(7)(A) Subsec. (b). Pub. L. 116283,  8505(a)(7) 2018 Pub. L. 115282 section 637 of this title 2016Subsec. (c)(3). Pub. L. 114120 2010Subsec. (c)(3). Pub. L. 111281 2004 Pub. L. 108293,  205(e)(1) Subsec. (a). Pub. L. 108293,  205(a) Subsec. (c). Pub. L. 108293,  205(b) Subsec. (d). Pub. L. 108293,  205(c) 1999Subsec. (c)(3). Pub. L. 10665,  1022(a) Subsec. (d). Pub. L. 10665,  1022(b) 1988 Pub. L. 100690 (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.  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 officers 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 1 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 Pub. L. 99640,  10(a)(4) Nov. 10, 1986 100 Stat. 3549 Pub. L. 109241, title II,  201 July 11, 2006 120 Stat. 519 Pub. L. 115282, title I,  105(b) Dec. 4, 2018 132 Stat. 4200  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. 115282, title IV,  402(e) Dec. 4, 2018 132 Stat. 4264 section 101 of Title 46 section 70036 of Title 46 Presidential Proclamation No. 5928, referred to in subsec. (d), is set out under section 1331 of Title 43 Amendments 2018 Pub. L. 115282,  318(a)(1) Pub. L. 115282,  105(b) section 91 of this title Subsec. (a). Pub. L. 115282,  318(a)(2) Subsec. (b). Pub. L. 115282,  318(a)(3) Subsec. (e). Pub. L. 115282,  318(a)(4) 2006Subsec. (d). Pub. L. 109241 1986 Pub. L. 99640  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 (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 1 (Added Pub. L. 115254, div. H,  1603(a) Oct. 5, 2018 132 Stat. 3529 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4200  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. 94524 Oct. 17, 1976 90 Stat. 2475 section 3056 of Title 18 Prior Provisions Prior sections 531 and 532 were redesignated sections 2901 and 2902 of this title, respectively. Amendments 2018 Pub. L. 115282,  105(b) section 104 of this title Par. (1)(B)(ii)(III). Pub. L. 115282,  123(b)(2) SUBCHAPTER III AIDS TO NAVIGATION  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  105(c)(3) Dec. 4, 2018 132 Stat. 4202  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 June 22, 1951, ch. 150 65 Stat. 89 Sept. 3, 1954, ch. 1263,  30 68 Stat. 1237 Pub. L. 85726, title XIV,  1404 Aug. 23, 1958 72 Stat. 808 Pub. L. 89662,  1 Oct. 14, 1966 80 Stat. 912 Pub. L. 94546,  1(3) Oct. 18, 1976 90 Stat. 2519 Pub. L. 97322, title I,  105(a) Oct. 15, 1982 96 Stat. 1582 Pub. L. 115282, title I,  105(b) Dec. 4, 2018 132 Stat. 4200 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4755  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.;  50m, 50 o 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 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. 116283 2018 Pub. L. 115282 section 81 of this title 1982 Pub. L. 97322 1976 Pub. L. 94546 1966 Pub. L. 89662 June 26, 1948 1958 Pub. L. 85726 1954Act Sept. 3, 1954 1951Act June 22, 1951 Statutory Notes and Related Subsidiaries Effective Date of 1958 Amendment Pub. L. 85726, title XV,  1505(2) Aug. 23, 1958 72 Stat. 810 Pub. L. 85726 Pub. L. 85726 Oct. 31, 1958 Discontinuance of an Aid to Navigation Pub. L. 114120, title II,  210 Feb. 8, 2016 130 Stat. 41  (a)  In General Not later than 180 days after the date of the enactment of this Act [ Feb. 8, 2016 (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. 113281, title II,  228 Dec. 18, 2014 128 Stat. 3040 Not later than 1 year after the date of enactment of this Act [ Dec. 18, 2014 Aids to Navigation Report Pub. L. 105383, title II,  208 Nov. 13, 1998 112 Stat. 3416 Nov. 13, 1998 Report to Congress; Contractual Authority; Increase in Ratio of Civilian to Military Employees Pub. L. 97322, title I,  105(b) Oct. 15, 1982 96 Stat. 1582  Not later than one year after the date of enactment of this title [ Oct. 15, 1982 (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. 97322, title I,  105(c) Oct. 15, 1982 96 Stat. 1582 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  Ex. Ord. No. 7521. Use of Vessels for Ice-Breaking Operations in Channels and Harbors Ex. Ord. No. 7521, Dec. 21, 1936 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 Pub. L. 93283,  1(1) May 14, 1974 88 Stat. 139 Pub. L. 113281, title II,  205(a)(1) Dec. 18, 2014 128 Stat. 3025 Pub. L. 115282, 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 July 1, 1939 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. 115282 section 83 of this title 2014 Pub. L. 113281 1974 Pub. L. 93283 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  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 section 542 of this title ( Aug. 4, 1949, ch. 393 63 Stat. 500 Pub. L. 113281, title II,  205(a)(2) Dec. 18, 2014 128 Stat. 3025 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4200  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 July 1, 1939 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. 115282,  123(b)(2) Pub. L. 115282,  105(b) section 84 of this title 2014 Pub. L. 113281  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 June 4, 1956, ch. 351,  1 70 Stat. 226 Pub. L. 93283,  1(2) May 14, 1974 88 Stat. 139 Pub. L. 113281, title II,  205(a)(3) Dec. 18, 2014 128 Stat. 3025 Pub. L. 115282, 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. 115282 section 85 of this title 2014 Pub. L. 113281 1974 Pub. L. 93283 1956Act June 4, 1956  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 Pub. L. 89191 Sept. 17, 1965 79 Stat. 822 Pub. L. 93283,  1(3) May 14, 1974 88 Stat. 139 Pub. L. 115282, 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 July 1, 1939 53 Stat. 1432 Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 86 of this title 1974 Pub. L. 93283 1965 Pub. L. 89191  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 Pub. L. 115282, 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. 115282 section 642 of this title  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 Pub. L. 115282, 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. 115282 section 643 of this title  548. 1 1 section 550 of this title 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. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4756  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. 116283, div. G, title LVXXXV 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. 116283, div. G, title LVXXXV 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 1 section 547 of this title 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. 117263, div. K, title CXVIII,  11808(c) Dec. 23, 2022 136 Stat. 4166  Editorial Notes Codification The text of section 472 of Title 33 section 548 of this title Pub. L. 117263,  11808(c) act Sept. 15, 1922, ch. 313 42 Stat. 844 Amendments 2022 Pub. L. 117263 SUBCHAPTER IV MISCELLANEOUS  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  105(c)(4) Dec. 4, 2018 132 Stat. 4202  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 (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 (d)  Restriction. (1)  In general The Commandant may not (A) transfer, relinquish ownership of, dismantle, or recycle the Polar Sea Polar Star (B) change the current homeport of the Polar Sea Polar Star (C) expend any funds (i) for any expenses directly or indirectly associated with the decommissioning of the Polar Sea Polar Star (ii) for any personnel expenses directly or indirectly associated with the decommissioning of the Polar Sea Polar Star (iii) for any expenses associated with a decommissioning ceremony for the Polar Sea Polar Star (iv) to appoint a decommissioning officer to be affiliated with the Polar Sea Polar Star (v) to place the Polar Sea Polar Star (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 (1)  In general Subject to the availability of appropriations, the Commandant shall conduct an enhanced maintenance program on the Polar Star 1 1 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 Polar Sea (2)  Polar star The term  Polar Star Polar Star (3)  Healy The term  Healy Healy (Added Pub. L. 113281, title V,  506(a) Dec. 18, 2014 128 Stat. 3060 Pub. L. 115282, title I,  105(b) Dec. 4, 2018 132 Stat. 4200 Pub. L. 116283, div. G, title LVXXXI 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 act May 5, 1950, ch. 169 64 Stat. 145 May 31, 1951 Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 87 of this title Statutory Notes and Related Subsidiaries Establishment of Medium Icebreaker Program Office Pub. L. 117263, div. K, title CXII,  11218 Dec. 23, 2022 136 Stat. 4018  (a)  In General Not later than 180 days after the date of enactment of this Act [ Dec. 23, 2022 (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 (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. 117263 136 Stat. 4004 (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 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. 117263, div. K, title CXII,  11223 Dec. 23, 2022 136 Stat. 4021  (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 (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 (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 (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 (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 (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. 117263 section 11002 of Pub. L. 117263 section 106 of this title  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. 111281, title V,  524(a) Oct. 15, 2010 124 Stat. 2958 Pub. L. 111330,  1(6)(A) Dec. 22, 2010 124 Stat. 3569 Pub. L. 115232, div. C, title XXXV,  3531(c)(2) Aug. 13, 2018 132 Stat. 2320 Pub. L. 115282, 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 act May 5, 1950, ch. 169 64 Stat. 145 May 31, 1951 Amendments 2018 Pub. L. 115282 section 101 of this title Pub. L. 115232 2010 Pub. L. 111330 section 102 of this title Statutory Notes and Related Subsidiaries Effective Date of 2010 Amendment Pub. L. 111330,  1 Dec. 22, 2010 124 Stat. 3569 Pub. L. 111281  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. 113281, title II,  210(a) Dec. 18, 2014 128 Stat. 3027 Pub. L. 115282, 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. 115282 section 101 of this title Prior sections 563 to 567 were repealed by act May 5, 1950, ch. 169 64 Stat. 145 May 31, 1951 Section 563, act Aug. 4, 1949, ch. 393 63 Stat. 539 Aug. 3, 1950, ch. 536,  28 64 Stat. 407 Section 564, act Aug. 4, 1949, ch. 393 63 Stat. 540 Aug. 3, 1950, ch. 536,  29 64 Stat. 407 Section 565, act Aug. 4, 1949, ch. 393 63 Stat. 540 Section 566, act Aug. 4, 1949, ch. 393 63 Stat. 541 Section 567, act Aug. 4, 1949, ch. 393 63 Stat. 541 A prior section 568, added Pub. L. 111281, title IV,  402(a) Oct. 15, 2010 124 Stat. 2940 Pub. L. 111330,  1(4) Dec. 22, 2010 124 Stat. 3569 Pub. L. 115232, div. C, title XXXV,  3535 Aug. 13, 2018 132 Stat. 2322 Another prior section 568, act Aug. 4, 1949, ch. 393 63 Stat. 542 act May 5, 1950, ch. 169 64 Stat. 145 May 31, 1951 A prior section 569, act Aug. 4, 1949, ch. 393 63 Stat. 542 act May 5, 1950, ch. 169 64 Stat. 145 May 31, 1951 A prior section 569a was renumbered section 2903 of this title section 5103 of this title Prior sections 570 to 576 were repealed by act May 5, 1950, ch. 169 64 Stat. 145 May 31, 1951 Section 570, act Aug. 4, 1949, ch. 393 63 Stat. 542 Section 571, act Aug. 4, 1949, ch. 393 63 Stat. 542 Section 572, act Aug. 4, 1949, ch. 393 63 Stat. 543 Section 573, act Aug. 4, 1949, ch. 393 63 Stat. 543 Section 574, act Aug. 4, 1949, ch. 393 63 Stat. 543 Section 575, act Aug. 4, 1949, ch. 393 63 Stat. 543 Section 576, act Aug. 4, 1949, ch. 393 63 Stat. 544 Section 634, act Aug. 4, 1949, ch. 393 63 Stat. 545 Pub. L. 8670,  11 June 25, 1959 73 Stat. 143 Pub. L. 97295,  2(18) Oct. 12, 1982 96 Stat. 1302 Pub. L. 115282, 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 Pub. L. 85861,  36A Sept. 2, 1958 72 Stat. 1569 section 2571 of Title 10 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. 85738 72 Stat. 833 Pub. L. 90525,  2 Sept. 26, 1968 82 Stat. 877 Sept. 26, 1968 section 2733 of Title 10 A prior section 651, act Aug. 4, 1949, ch. 393 63 Stat. 550 Pub. L. 94546,  1(36) Oct. 18, 1976 90 Stat. 2522 Pub. L. 99509, title V,  5102(a)(2) Oct. 21, 1986 100 Stat. 1926 Pub. L. 113281, title II,  221(a)(2) Dec. 18, 2014 128 Stat. 3037 A prior section 657 was renumbered section 544 of this title section 2906 of this title A prior section 659, added Pub. L. 9561,  4(1) July 1, 1977 91 Stat. 259 Pub. L. 97258,  3(d) Sept. 13, 1982 96 Stat. 1064 Pub. L. 97295,  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. 111281, title II,  221(a)(3) Oct. 15, 2010 124 Stat. 2919 Section 682, added Pub. L. 104324, title II,  208(a) Oct. 19, 1996 110 Stat. 3910 Pub. L. 108293, title II,  207(b) Aug. 9, 2004 118 Stat. 1034 Section 683, added Pub. L. 104324, title II,  208(a) Oct. 19, 1996 110 Stat. 3910 Section 684, added Pub. L. 104324, title II,  208(a) Oct. 19, 1996 110 Stat. 3911 Pub. L. 108293, title II,  207(c) Aug. 9, 2004 118 Stat. 1034 A prior section 686, added Pub. L. 104324, title II,  208(a) Oct. 19, 1996 110 Stat. 3912 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 111281, title II,  221(a)(5) Oct. 15, 2010 124 Stat. 2919 A prior section 687a, added Pub. L. 108293, title II,  207(e) Aug. 9, 2004 118 Stat. 1035 Pub. L. 111281, title II,  221(a)(7) Oct. 15, 2010 124 Stat. 2920 A prior section 689, added Pub. L. 104324, title II,  208(a) Oct. 19, 1996 110 Stat. 3913 Pub. L. 107295, title IV,  402(d) Nov. 25, 2002 116 Stat. 2114 Oct. 1, 2007 Pub. L. 111281, title II,  221(a)(9) Oct. 15, 2010 124 Stat. 2920 Prior sections 690 to 693 were repealed by Pub. L. 115282, title I,  104(c)(2) Dec. 4, 2018 132 Stat. 4199 Section 690, added Pub. L. 101225, title II,  222(a) Dec. 12, 1989 103 Stat. 1917 Section 691, added Pub. L. 101225, title II,  222(a) Dec. 12, 1989 103 Stat. 1917 Pub. L. 114120, title II,  209(11) Feb. 8, 2016 130 Stat. 41 Section 692, added Pub. L. 101225, title II,  222(a) Dec. 12, 1989 103 Stat. 1918 Section 693, added Pub. L. 101225, title II,  222(a) Dec. 12, 1989 103 Stat. 1918 Pub. L. 112213, title II,  213(b) Dec. 20, 2012 126 Stat. 1553 Pub. L. 115232, div. C, title XXXV,  3531(c)(3) Aug. 13, 2018 132 Stat. 2320 Amendments 2018 Pub. L. 115282 section 103 of this title  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 1 (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. 117263, div. K, title CXII,  11272(a) Dec. 23, 2022 136 Stat. 4066  Statutory Notes and Related Subsidiaries Annual Report Pub. L. 117263, div. K, title CXII,  11272(c)(5) Dec. 23, 2022 136 Stat. 4067 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. CHAPTER 7 COOPERATION    Sec.  701. Cooperation with other agencies, States, territories, and political subdivisions.  702. State Department.  703. Treasury Department.  704. Department of the Army and Department of the Air Force.  705. Navy Department.  706. United States Postal Service.  707. Department of Commerce.  708. Department of Health and Human Services.  709. Maritime instruction.  710. Assistance to foreign governments and maritime authorities.  711. Coast Guard officers as attaches to missions.  712. Contracts with Government-owned establishments for work and material.  713. Nonappropriated fund instrumentalities: contracts with other agencies and instrumentalities to provide or obtain goods and services.  714. Arctic maritime domain awareness.  715. Oceanographic research.  716. Arctic maritime transportation.  717. Agreements.  718. Training; emergency response providers.  719. Research projects; transactions other than contracts and grants.  720. VHF communication services. 1 1  721. Responses to safety recommendations.  Editorial Notes Prior Provisions A prior analysis for part II of this title COAST GUARD RESERVE AND AUXILIARY preceded prior section 701 and consisted of items for chapter 21 Coast Guard Reserve beginning with section 701, chapter 23 Coast Guard Auxiliary beginning with section 821, and chapter 25 General Provisions for Coast Guard Reserve and Auxiliary beginning with section 891, prior to repeal by Pub. L. 115282, title I,  111 Dec. 4, 2018 132 Stat. 4215 A prior analysis for chapter 7 COOPERATION WITH OTHER AGENCIES consisted of items 141 Cooperation with other agencies, States, territories, and political subdivisions, 142 State Department, 143 Treasury Department, 144 Department of the Army and Department of the Air Force, 145 Navy Department, 146 United States Postal Service, 147 Department of Commerce, 147a Department of Health and Human Services, 148 Maritime instruction, 149 Assistance to foreign governments and maritime authorities, 150 Coast Guard officers as attaches to missions, 151 Contracts with Government-owned establishments for work and material, 152 Nonappropriated fund instrumentalities: contracts with other agencies and instrumentalities to provide or obtain goods and services, 153 Appointment of judges, and 154 Arctic maritime domain awareness, prior to repeal by Pub. L. 115282, title I,  106(a) Dec. 4, 2018 132 Stat. 4202 Amendments 2022 Pub. L. 117263, div. K, title CXV,  11501(b) Dec. 23, 2022 136 Stat. 4127 2021 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4655 2018 Pub. L. 115282, title I,  106(a) Dec. 4, 2018 132 Stat. 4202  701. Cooperation with other agencies, States, territories, and political subdivisions (a) The Coast Guard may, when so requested by proper authority, utilize its personnel and facilities (including members of the Auxiliary and facilities governed under chapter 39) to assist any Federal agency, State, Territory, possession, or political subdivision thereof, or the District of Columbia, to perform any activity for which such personnel and facilities are especially qualified. The Commandant may prescribe conditions, including reimbursement, under which personnel and facilities may be provided under this subsection. (b) The Coast Guard, with the consent of the head of the agency concerned, may avail itself of such officers and employees, advice, information, and facilities of any Federal agency, State, Territory, possession, or political subdivision thereof, or the District of Columbia as may be helpful in the performance of its duties. In connection with the utilization of personal services of employees of state or local governments, the Coast Guard may make payments for necessary traveling and per diem expenses as prescribed for Federal employees by the standardized Government travel regulations. ( Aug. 4, 1949, ch. 393 63 Stat. 505 Pub. L. 104324, title IV,  405(a) Oct. 19, 1996 110 Stat. 3924 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4203  Historical and Revision Notes This section is based in part on title 33, U.S.C., 1946 ed.,  756 ( Mar. 3, 1915, ch. 81,  6 38 Stat. 928 Editorial Notes Prior Provisions A prior section 701 was renumbered section 3701 of this title Amendments 2018 Pub. L. 115282,  106(b) section 141 of this title Subsec. (a). Pub. L. 115282,  123(c)(6) 1996 Pub. L. 104324,  405(a)(1) Subsec. (a). Pub. L. 104324,  405(a)(2)  702. State Department  The Coast Guard, through the Secretary, may exchange information, through the Secretary of State, with foreign governments and suggest to the Secretary of State international collaboration and conferences on all matters dealing with the safety of life and property at sea, other than radio communication. ( Aug. 4, 1949, ch. 393 63 Stat. 505 Pub. L. 115282, title I,  106(b) Dec. 4, 2018 132 Stat. 4203  Historical and Revision Notes Because of the numerous situations in which it is necessary for the Coast Guard to deal with foreign governments, particularly in the field of safety of life and property at sea, the Coast Guard and the State Department agree that a provision such as this is desirable. The international character of many Coast Guard functions makes it more and more necessary for the Service to be an initiating or participating agency in international collaboration. Examples of international meetings concerned with matters affecting the Coast Guard include those which dealt with the International Rules of the Road, international load lines, the International Code of Signals, safety at sea, and international telecommunications. It is highly desirable that there be a clear-cut legislative expression of Coast Guard cooperation with the State Department on proposed international conferences dealing with various phases of Coast Guard activities, such as aids to navigation, life-saving equipment, navigation and communication equipment other than radio communication, regulation of dangerous cargoes, international rules of the road, safety requirements and equipment of transoceanic aircraft and vessels, and safe manning standards and efficiency of personnel employed on transoceanic aircraft and vessels. Provisions for similar relationship between the Civil Aeronautical Board and the State Department appear in the act of June 23, 1938 52 Stat. 984 Editorial Notes Prior Provisions A prior section 702 was renumbered section 3702 of this title Amendments 2018 Pub. L. 115282 section 142 of this title  703. Treasury Department  Commissioned, warrant, and petty officers of the Coast Guard are deemed to be officers of the customs and when so acting shall, insofar as performance of the duties relating to customs laws are concerned, be subject to regulations issued by the Secretary of the Treasury governing officers of the customs. ( Aug. 4, 1949, ch. 393 63 Stat. 506 Pub. L. 115282, title I,  106(b) Dec. 4, 2018 132 Stat. 4203  Historical and Revision Notes Based on title 19, U.S.C., 1946 ed.,  1401( l Aug. 5, 1935, ch. 435 49 Stat. 521 Aug. 5, 1935, ch. 438 49 Stat. 529 This section will not repeal the sections cited above, but makes further provision that Coast Guard personnel when acting as officers of the customs shall, insofar as enforcing customs laws are concerned, be subject to regulations governing regular officers of the customs. 81st Congress, House Report No. 557. Editorial Notes Prior Provisions A prior section 703 was renumbered section 3703 of this title Amendments 2018 Pub. L. 115282  704. Department of the Army and Department of the Air Force (a) The Secretary of the Army or the Secretary of the Air Force at the request of the Secretary may, with or without reimbursement for the cost thereof, as agreed, receive members of the Coast Guard for instruction in any school, including any aviation school, maintained by the Army or the Air Force, and such members shall be subject to the regulations governing such schools. (b) Officers and enlisted members of the Coast Guard shall be permitted to purchase quartermaster supplies from the Army at the same price as is charged the officers and enlisted members of the Army. (c) Articles of ordnance property may be sold by the Secretary of the Army to officers of the Coast Guard for their use in the public service in the same manner as these articles are sold to officers of the Army. ( Aug. 4, 1949, ch. 393 63 Stat. 506 Pub. L. 94546,  1(10) Oct. 18, 1976 90 Stat. 2519 Pub. L. 98557,  15(a)(3)(D) Oct. 30, 1984 98 Stat. 2865 Pub. L. 115232, div. C, title XXXV,  3533(c)(1) Aug. 13, 2018 132 Stat. 2321 Pub. L. 115282, title I,  106(b) Dec. 4, 2018 132 Stat. 4203  Historical and Revision Notes Subsection (a) is based on title 14, U.S.C., 1946 ed.,  28 ( Aug. 29, 1916, ch. 417 39 Stat. 601 Subsection (b) is based on title 14, U.S.C., 1946 ed.,  31 ( Mar. 6, 1920, ch. 94,  1 41 Stat. 506 Subsection (c) is based on title 14, U.S.C., 1946 ed.,  31a ( Mar. 3, 1909, ch. 252 35 Stat. 751 Apr. 15, 1937, ch. 101 50 Stat. 65 Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Prior Provisions A prior section 704 was renumbered section 3704 of this title Amendments 2018 Pub. L. 115282 section 144 of this title Subsec. (b). Pub. L. 115232 1984Subsec. (a). Pub. L. 98557 1976Subsec. (a). Pub. L. 94546,  1(10)(a) Subsec. (c). Pub. L. 94546,  1(10)(b)  705. Navy Department (a) The Secretary of the Navy, at the request of the Secretary may, with or without reimbursement for the cost thereof, as agreed: (1) build any vessel for the Coast Guard at such Navy yards as the Secretary of the Navy may designate; (2) receive members of the Coast Guard for instruction in any school, including any aviation school maintained by the Navy, and such members shall be subject to the regulations governing such schools; (3) permit personnel of the Coast Guard and their dependents to occupy any public quarters maintained by the Navy and available for the purpose; and (4) detail personnel from the Chaplain Corps to provide services, pursuant to section 1789 of title 10 (b) Officers and enlisted members of the Coast Guard shall be permitted to purchase quartermaster supplies from the Navy and the Marine Corps at the same price as is charged the officers and enlisted members of the Navy and Marine Corps. (c) When the Coast Guard is operating in the Department of Homeland Security, the Secretary shall provide for such peacetime training and planning of reserve strength and facilities as is necessary to insure an organized, manned, and equipped Coast Guard when it is required for wartime operation in the Navy. To this end, the Secretary of the Navy for the Navy, and the Secretary of Homeland Security, for the Coast Guard, may from time to time exchange such information, make available to each other such personnel, vessels, facilities, and equipment, and agree to undertake such assignments and functions for each other as they may agree are necessary and advisable. (d) (1) As part of the services provided by the Secretary of the Navy pursuant to subsection (a)(4), the Secretary may provide support services to chaplain-led programs to assist members of the Coast Guard on active duty and their dependents, and members of the reserve component in an active status and their dependents, in building and maintaining a strong family structure. (2) In this subsection, the term support services include transportation, food, lodging, child care, supplies, fees, and training materials for members of the Coast Guard on active duty and their dependents, and members of the reserve component in an active status and their dependents, while participating in programs referred to in paragraph (1), including participation at retreats and conferences. (3) In this subsection, the term dependents has the same meaning as defined in section 1072(2) of title 10 ( Aug. 4, 1949, ch. 393 63 Stat. 506 Aug. 3, 1950, ch. 536,  3 64 Stat. 406 Pub. L. 94546,  1(11) Oct. 18, 1976 90 Stat. 2519 Pub. L. 98557,  15(a)(3)(D) Oct. 30, 1984 98 Stat. 2865 Pub. L. 107296, title XVII,  1704(a) Nov. 25, 2002 116 Stat. 2314 Pub. L. 111281, title II,  223 Oct. 15, 2010 124 Stat. 2921 Pub. L. 115232, div. C, title XXXV,  3533(c)(2) Aug. 13, 2018 132 Stat. 2321 Pub. L. 115282, title I,  106(b) Dec. 4, 2018 132 Stat. 4203  Historical and Revision Notes Subsection (a) is based on title 14, U.S.C., 1946 ed.,  28, 42, 57 ( Aug. 29, 1916, ch. 417 39 Stat. 601 July 3, 1926, ch. 742,  11 44 Stat. 817 Subsection (b) is based on title 14, U.S.C., 1946 ed.,  31 ( Mar. 6, 1920, ch. 94,  1 41 Stat. 506 Subsection (c) is new. This subsection enacts what has been the practice of the Navy and Coast Guard in keeping the Coast Guard trained to come on board with some muscle in time of emergency. Section 3 of this title Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Prior Provisions A prior section 705 was renumbered section 3705 of this title Amendments 2018 Pub. L. 115282 section 145 of this title Subsec. (b). Pub. L. 115232 2010Subsec. (a)(4). Pub. L. 111281,  223(1) Subsec. (d). Pub. L. 111281,  223(2) 2002Subsec. (c). Pub. L. 107296 1984Subsec. (a)(2). Pub. L. 98557 1976Subsec. (a). Pub. L. 94546,  1(11)(a) Subsec. (c). Pub. L. 94546,  1(11)(b) 1950Subsec. (a)(3). Act Aug. 3, 1950 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10  706. United States Postal Service  Coast Guard facilities and personnel may be utilized for the transportation and delivery of mail matter during emergency conditions or at isolated locations under such arrangements as may be satisfactory to the Secretary and the United States Postal Service. ( Aug. 4, 1949, ch. 393 63 Stat. 506 Pub. L. 94546,  1(12) Oct. 18, 1976 90 Stat. 2519 Pub. L. 99640,  10(a)(5) Nov. 10, 1986 100 Stat. 3549 Pub. L. 115282, title I,  106(b) Dec. 4, 2018 132 Stat. 4203  Historical and Revision Notes This section provides generally for what has been the practice between the Coast Guard and the Post Office Department in Alaska for years. The authorization is limited to emergency conditions or isolated locations. 81st Congress, House Report No. 557. Editorial Notes Prior Provisions A prior section 706 was renumbered section 3706 of this title Amendments 2018 Pub. L. 115282 section 146 of this title 1986 Pub. L. 99640 1976 Pub. L. 94546  707. Department of Commerce  In order to promote the safety of life and property on and over the high seas and waters over which the United States has jurisdiction, and to facilitate the preparation and dissemination by the National Oceanic and Atmospheric Administration of the weather reports, forecasts, and warnings essential to the safe and efficient conduct of domestic and international commerce on and over such seas and waters, the Commandant may cooperate with the Administrator, National Oceanic and Atmospheric Administration by procuring, maintaining, and making available, facilities and assistance for observing, investigating, and communicating weather phenomena and for disseminating weather data, forecasts and warnings, the mutually satisfactory terms of such cooperation in weather service to be agreed upon and arranged between the Commandant and the Administrator, National Oceanic and Atmospheric Administration. ( Aug. 4, 1949, ch. 393 63 Stat. 507 Pub. L. 94546,  1(13) Oct. 18, 1976 90 Stat. 2520 Pub. L. 97295,  2(5) Oct. 12, 1982 96 Stat. 1301 Pub. L. 115282, title I,  106(b) Dec. 4, 2018 132 Stat. 4203  Historical and Revision Notes This section outlines the sphere of cooperation between the Weather Bureau and the Coast Guard. It would not permit any cooperation that has not been carried on in the past. Although the Coast Guard has always cooperated closely with the Weather Bureau, positive recognition of this has never appeared in the statutes. In its patrol, its aiding navigation, and its life saving activities, the Coast Guard finds it important to make, receive and transmit weather observations and measurements. Furthermore, with the advent of war, weather reporting, particularly mid-Atlantic weather patrol work, assumed increasing importance, and this extensive weather station manning in cooperation with the Weather Bureau must be provided for in the postwar period. This section providing for such close cooperation with the Weather Bureau in weather reporting would crystallize the cooperative practices of the two agencies as they have operated for years. 81st Congress, House Report No. 557. Editorial Notes Prior Provisions A prior section 707 was renumbered section 3707 of this title Amendments 2018 Pub. L. 115282 section 147 of this title 1982 Pub. L. 97295 1976 Pub. L. 94546  708. Department of Health and Human Services (a) The Commandant may assist the Secretary of Health and Human Services in providing medical emergency helicopter transportation services to civilians. The Commandant may prescribe conditions, including reimbursement, under which resources may be provided under this section. The following specific limitations apply to assistance provided under this section: (1) Assistance may be provided only in areas where Coast Guard units able to provide the assistance are regularly assigned. Coast Guard units may not be transferred from one area to another to provide the assistance. (2) Assistance may be provided only to the extent it does not interfere with the performance of the Coast Guard mission. (3) Providing assistance may not cause an increase in amounts required for the operation of the Coast Guard. (b) An individual (or the estate of that individual) who is authorized by the Coast Guard to provide a service under a program established under subsection (a) and who is acting within the scope of that individuals duties is not liable for injury to, or loss of, property or personal injury or death that may be caused incident to providing the service. (Added Pub. L. 97295,  2(6)(A) Oct. 12, 1982 96 Stat. 1301 Pub. L. 115282, title I,  106(b) Dec. 4, 2018 132 Stat. 4203        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  147a 14:141 (note). July 1, 1977 Pub. L. 9561,  8 91 Stat. 260 In subsection (a), the words Secretary of Health and Human Services are substituted for Department of Health, Education, and Welfare because of 20:3508(b) and because the responsibility is in the head of the Department. The word may is substituted for is authorized to for clarity. The word conditions is substituted for terms and conditions because it is inclusive. The words deems appropriate are omitted as unnecessary. The words The following . . . limitations apply are substituted for shall be subject to the following . . . limitations for clarity. Editorial Notes Prior Provisions A prior section 708 was renumbered section 3708 of this title Amendments 2018 Pub. L. 115282 section 147a of this title Statutory Notes and Related Subsidiaries Similar Provisions Similar provisions were contained in section 8 of Pub. L. 9561  709. Maritime instruction  The Coast Guard may, when so requested by proper authority, detail members for duty in connection with maritime instruction and training by the several States, Territories, the District of Columbia, and Puerto Rico, and when requested by the Maritime Administrator, detail individuals in the Coast Guard for duty in connection with maritime instruction and training by the United States. The service rendered by any individual so detailed shall be considered Coast Guard duty. ( Aug. 4, 1949, ch. 393 63 Stat. 507 Pub. L. 9731,  12(4) Aug. 6, 1981 95 Stat. 154 Pub. L. 98557,  15(a)(3)(D) Oct. 30, 1984 98 Stat. 2865 Pub. L. 115282, title I,  106(b) Dec. 4, 2018 132 Stat. 4203 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4748  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  49 ( Aug. 4, 1939, ch. 416 53 Stat. 1181 Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Prior Provisions A prior section 709 was renumbered section 3709 of this title A prior section 709a was renumbered section 3710 of this title Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 148 of this title 1984 Pub. L. 98557 1981 Pub. L. 9731  710. Assistance to foreign governments and maritime authorities (a)  Detail of Members to Assist Foreign Governments The President may upon application from the foreign governments concerned, and whenever in his discretion the public interests render such a course advisable, detail members of the Coast Guard to assist foreign governments in matters concerning which the Coast Guard may be of assistance. (b)  Technical Assistance to Foreign Maritime Authorities The Commandant, in coordination with the Secretary of State, may provide, in conjunction with regular Coast Guard operations, technical assistance (including law enforcement and maritime safety and security training) to foreign navies, coast guards, and other maritime authorities. (c)  Grants to International Maritime Organizations After consultation with the Secretary of State, the Commandant may make grants to, or enter into cooperative agreements, contracts, or other agreements with, international maritime organizations for the purpose of acquiring information or data about merchant vessel inspections, security, safety, environmental protection, classification, and port state or flag state law enforcement or oversight. (d)  Authorized Activities. (1) The Commandant may use funds for (A) the activities of traveling contact teams, including any transportation expense, translation services expense, or administrative expense that is related to such activities; (B) the activities of maritime authority liaison teams of foreign governments making reciprocal visits to Coast Guard units, including any transportation expense, translation services expense, or administrative expense that is related to such activities; (C) seminars and conferences involving members of maritime authorities of foreign governments; (D) distribution of publications pertinent to engagement with maritime authorities of foreign governments; and (E) personnel expenses for Coast Guard civilian and military personnel to the extent that those expenses relate to participation in an activity described in subparagraph (C) or (D). (2) An activity may not be conducted under this subsection with a foreign country unless the Secretary of State approves the conduct of such activity in that foreign country. (3) The amount of funds used under this subsection may not exceed $100,000 in any fiscal year. ( Aug. 4, 1949, ch. 393 63 Stat. 507 Pub. L. 98557,  15(a)(3)(D) Oct. 30, 1984 98 Stat. 2865 Pub. L. 109241, title II,  202(a) July 11, 2006 120 Stat. 520 Pub. L. 111281, title II Oct. 15, 2010 124 Stat. 2911 Pub. L. 112213, title II Dec. 20, 2012 126 Stat. 1543 Pub. L. 115282, title I,  106(b) Dec. 4, 2018 132 Stat. 4203  Historical and Revision Notes Derived from title 34, U.S.C., 1946 ed.,  441a ( May 19, 1926, ch. 334 44 Stat. 565 May 14, 1935, ch. 109 49 Stat. 218 Oct. 1, 1942, ch. 571 56 Stat. 763 July 4, 1946 60 Stat. 1352 Experience has indicated that it will be advantageous for the Government to include the Coast Guard along with the other armed forces for the purpose of detailing personnel for service with foreign governments. It seems probable that the increased collaboration with foreign governments after the war and the vital nature of the Coast Guards activities in relation to such collaboration will result in requests from time to time by foreign governments for assistance which the Coast Guard is in the best position to render. This section, which confers broad authority in the President to detail Coast Guard officers and enlisted men to assist foreign governments, is patterned after the act of October 1, 1942 56 Stat. 763 Editorial Notes Prior Provisions A prior section 710 was renumbered section 3711 of this title Amendments 2018 Pub. L. 115282 section 149 of this title 2012Subsec. (a). Pub. L. 112213,  216(d) Subsec. (d)(3). Pub. L. 112213,  203 2010Subsec. (c). Pub. L. 111281,  206 Subsec. (d). Pub. L. 111281,  220 2006 Pub. L. 109241 1984 Pub. L. 98557 Executive Documents  Delegation of Authority Authority of President under this section as invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001 section 12302 of Title 10  711. Coast Guard officers as attaches to missions  Commissioned officers may, with the consent of the Secretary of State, be regularly and officially attached to the diplomatic missions of the United States in those nations with which the United States is extensively engaged in maritime commerce. Expenses for the maintenance of such Coast Guard attaches abroad, including office rental and pay of employees and allowances for living quarters, including heat, fuel, and light, may be defrayed by the Coast Guard. ( Aug. 4, 1949, ch. 393 63 Stat. 507 Pub. L. 115282, title I,  106(b) Dec. 4, 2018 132 Stat. 4203  Historical and Revision Notes Experience since the war has indicated the necessity for making provision for the assignment of Coast Guard officers to diplomatic missions in those foreign countries which are extensively engaged in maritime commerce with the United States. This is largely the result of duties in connection with inspection of merchant vessels. This section authorizes the designation, with the consent of the State Department, of Coast Guard officers to be officially attached to diplomatic missions of the United States. Although Coast Guard advice on Coast Guard matters is always available to our diplomatic missions, in those locations where such advice and information are frequently sought, it is felt that the most effective utilization of Coast Guard services would be achieved by having Coast Guard officers attached to such missions. Provision for customs officers to be attached to diplomatic missions is contained in the act of March 4, 1923 42 Stat. 1453 June 5, 1930 46 Stat. 498 Editorial Notes Prior Provisions A prior section 711 was renumbered section 3712 of this title Amendments 2018 Pub. L. 115282 section 150 of this title Statutory Notes and Related Subsidiaries Official Representation Items in Support of the Coast Guard Attache Program Pub. L. 113126, title III,  312 July 7, 2014 128 Stat. 1399 Notwithstanding any other limitation on the amount of funds that may be used for official representation items, the Secretary of Homeland Security may use funds made available to the Secretary through the National Intelligence Program for necessary expenses for intelligence analysis and operations coordination activities for official representation items in support of the Coast Guard Attache Program.  712. Contracts with Government-owned establishments for work and material (a)  In General All orders or contracts for work or material, under authorization of law, placed with Government-owned establishments by the Coast Guard, shall be considered as obligations in the same manner as provided for similar orders or contracts placed with private contractors, and appropriations for such work or material shall remain available for payment therefor as in the case of orders or contracts placed with private contractors. (b)  Orders and Agreements for Industrial Activities Under this section, the Coast Guard industrial activities may accept orders from and enter into reimbursable agreements with establishments, agencies, and departments of the Department of Defense and the Department of Homeland Security. ( Aug. 4, 1949, ch. 393 63 Stat. 507 Pub. L. 111281, title II,  202 Oct. 15, 2010 124 Stat. 2909 Pub. L. 115282, title I,  106(b) Dec. 4, 2018 132 Stat. 4203  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  31c ( June 6, 1942, ch. 384 56 Stat. 328 Editorial Notes Prior Provisions A prior section 712 was renumbered section 3713 of this title Amendments 2018 Pub. L. 115282 section 151 of this title 2010 Pub. L. 111281  713. Nonappropriated fund instrumentalities: contracts with other agencies and instrumentalities to provide or obtain goods and services  The Coast Guard Exchange System, or a morale, welfare, and recreation system of the Coast Guard, may enter into a contract or other agreement with any element or instrumentality of the Coast Guard or with another Federal department, agency, or instrumentality to provide or obtain goods and services beneficial to the efficient management and operation of the Coast Guard Exchange System or that morale, welfare, and recreation system. (Added Pub. L. 108293, title II,  202(a) Aug. 9, 2004 118 Stat. 1031 Pub. L. 115282, title I,  106(b) Dec. 4, 2018 132 Stat. 4203  Editorial Notes Prior Provisions A prior section 713 was renumbered section 3714 of this title Amendments 2018 Pub. L. 115282 section 152 of this title  714. Arctic maritime domain awareness (a)  In General The Commandant shall improve maritime domain awareness in the Arctic (1) by promoting interagency cooperation and coordination; (2) by employing joint, interagency, and international capabilities; and (3) by facilitating the sharing of information, intelligence, and data related to the Arctic maritime domain between the Coast Guard and departments and agencies listed in subsection (b). (b)  Coordination The Commandant shall seek to coordinate the collection, sharing, and use of information, intelligence, and data related to the Arctic maritime domain between the Coast Guard and the following: (1) The Department of Homeland Security. (2) The Department of Defense. (3) The Department of Transportation. (4) The Department of State. (5) The Department of the Interior. (6) The National Aeronautics and Space Administration. (7) The National Oceanic and Atmospheric Administration. (8) The Environmental Protection Agency. (9) The National Science Foundation. (10) The Arctic Research Commission. (11) Any Federal agency or commission or State the Commandant determines is appropriate. (c)  Cooperation The Commandant and the head of a department or agency listed in subsection (b) may by agreement, on a reimbursable basis or otherwise, share personnel, services, equipment, and facilities to carry out the requirements of this section. (d) 5 -year Strategic Plan Not later than January 1, 2016 (e)  Definitions In this section the term Arctic has the meaning given that term in section 112 of the Arctic Research and Policy Act of 1984 ( 15 U.S.C. 4111 (Added Pub. L. 113281, title V,  502(a) Dec. 18, 2014 128 Stat. 3057 Pub. L. 115282, title I,  106(b) Dec. 4, 2018 132 Stat. 4203  Editorial Notes Amendments 2018 Pub. L. 115282 section 154 of this title  715. Oceanographic research  The Coast Guard shall conduct such oceanographic research, use such equipment or instruments, and collect and analyze such oceanographic data, in cooperation with other agencies of the Government, or not, as may be in the national interest. (Added Pub. L. 87396,  1 Oct. 5, 1961 75 Stat. 827 Pub. L. 115282, title I,  106(b) Dec. 4, 2018 132 Stat. 4203  Editorial Notes Amendments 2018 Pub. L. 115282 section 94 of this title  716. Arctic maritime transportation (a)  Purpose The purpose of this section is to ensure safe and secure maritime shipping in the Arctic including the availability of aids to navigation, vessel escorts, spill response capability, and maritime search and rescue in the Arctic. (b)  International Maritime Organization Agreements To carry out the purpose of this section, the Secretary is encouraged to enter into negotiations through the International Maritime Organization to conclude and execute agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations to ensure, in the Arctic (1) placement and maintenance of aids to navigation; (2) appropriate marine safety, tug, and salvage capabilities; (3) oil spill prevention and response capability; (4) maritime domain awareness, including long-range vessel tracking; and (5) search and rescue. (c)  Coordination by Committee on the Maritime Transportation System The Committee on the Maritime Transportation System established under section 55501 1 1 (d)  Agreements and Contracts The Secretary may, subject to the availability of appropriations, enter into cooperative agreements, contracts, or other agreements with, or make grants to, individuals and governments to carry out the purpose of this section or any agreements established under subsection (b). (e)  Icebreaking The Secretary shall promote safe maritime navigation by means of icebreaking where necessary, feasible, and effective to carry out the purposes of this section. (f)  Arctic Definition In this section, the term Arctic has the meaning given such term in section 112 of the Arctic Research and Policy Act of 1984 ( 15 U.S.C. 4111 (Added Pub. L. 113281, title V,  501(a) Dec. 18, 2014 128 Stat. 3056 Pub. L. 115232, div. C, title XXXV,  3533(d) Aug. 13, 2018 132 Stat. 2321 Pub. L. 115282, title I,  106(b) Dec. 4, 2018 132 Stat. 4203  Editorial Notes  References in Text Section 55501 of title 46 section 50401 of title 46 Pub. L. 11781, div. C, title XXXV,  3512(a)(3) Dec. 27, 2021 135 Stat. 2239 Amendments 2018 Pub. L. 115282 section 90 of this title Subsec. (f). Pub. L. 115232  717. Agreements (a)  In General In carrying out section 504(a)(4), the Commandant may (1) enter into cooperative agreements, contracts, and other agreements with (A) Federal entities; (B) other public or private entities in the United States, including academic entities; and (C) foreign governments with the concurrence of the Secretary of State; and (2) impose on and collect from an entity subject to an agreement or contract under paragraph (1) a fee to assist with expenses incurred in carrying out such section. (b)  Deposit and Use of Fees Fees collected under this section shall be deposited in the general fund of the Treasury as offsetting receipts. The fees may be used, to the extent provided in advance in an appropriation law, only to carry out activities under section 504(a)(4). (Added Pub. L. 113281, title II,  206(b) Dec. 18, 2014 128 Stat. 3025 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4203  Editorial Notes Amendments 2018 Pub. L. 115282,  106(b) section 102 of this title Subsec. (a). Pub. L. 115282,  123(b)(2) Subsec. (b). Pub. L. 115282,  123(b)(2)  718. Training; emergency response providers (a)  In General The Commandant may, on a reimbursable or a non-reimbursable basis, make a training available to emergency response providers whenever the Commandant determines that (1) a member of the Coast Guard, who is scheduled to participate in such training, is unable or unavailable to participate in such training; (2) no other member of the Coast Guard, who is assigned to the unit to which the member of the Coast Guard who is unable or unavailable to participate in such training is assigned, is able or available to participate in such training; and (3) such training, if made available to such emergency response providers, would further the goal of interoperability among Federal agencies, non-Federal governmental agencies, or both. (b)  Emergency Response Providers Defined In this section, the term emergency response providers has the meaning given that term in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 (c)  Treatment of Reimbursement Any reimbursements for a training that the Coast Guard receives under this section shall be credited to the appropriation used to pay the costs for such training. (d)  Status; Limitation on Liability. (1)  Status Any individual to whom, as an emergency response provider, training is made available under this section, who is not otherwise a Federal employee, shall not, because of that training, be considered a Federal employee for any purpose (including the purposes of chapter 81 of title 5 (relating to compensation for injury) and sections 2671 through 2680 of title 28 (relating to tort claims)). (2)  Limitation on liability The United States shall not be liable for actions taken by an individual in the course of training made available under this section. (Added Pub. L. 115282, title III,  306(a) Dec. 4, 2018 132 Stat. 4247  719. Research projects; transactions other than contracts and grants (a)  Additional Forms of Transactions Authorized. (1)  In general The Commandant may enter into (A) transactions (other than contracts, cooperative agreements, and grants) in carrying out basic, applied, and advanced research projects; and (B) agreements with the Director of the Defense Advanced Research Projects Agency, the Secretary of a military department, or any other official designated by the Secretary of Defense under section 2371b 1 1 (2)  Additional authority The authority under this subsection is in addition to the authority provided in section 717 to use contracts, cooperative agreements, and grants in carrying out such projects. (3)  Funding In carrying out paragraph (1)(B), the Commandant may use funds made available to the extent provided in advance in appropriations Acts for (A) operations and support; (B) research, development, test, and evaluation; and (C) procurement, construction, and improvement. (b)  Recovery of Funds. (1)  In general Subject to subsection (d), a cooperative agreement for performance of basic, applied, or advanced research authorized by section 717, and a transaction authorized by subsection (a), may include a clause that requires a person or other entity to make payments to the Coast Guard or any other department or agency of the Federal Government as a condition for receiving support under the agreement or transaction, respectively. (2)  Availability of funds The amount of any payment received by the Federal Government pursuant to a requirement imposed under paragraph (1) shall be deposited in the general fund of the Treasury. Amounts so deposited shall be available for the purposes of carrying out this section, to the extent provided in advance in appropriations Acts. (c)  Conditions. (1)  In general The Commandant shall ensure that to the extent that the Commandant determines practicable, no cooperative agreement containing a clause described in subsection (c)(1), 2 2 (2)  Other agreements not feasible A cooperative agreement containing a clause described in subsection (c)(1), 2 (d)  Education and Training The Commandant shall (1) ensure that management, technical, and contracting personnel of the Coast Guard involved in the award or administration of transactions under this section or other innovative forms of contracting are afforded opportunities for adequate education and training; and (2) establish minimum levels and requirements for continuous and experiential learning for such personnel, including levels and requirements for acquisition certification programs. (e)  Protection of Certain Information From Disclosure. (1)  In general Disclosure of information described in paragraph (2) is not required, and may not be compelled, under section 552 of title 5 (2)  Limitation. (A)  In general Paragraph (1) applies to information described in subparagraph (B) that is in the records of the Coast Guard only if the information was submitted to the Coast Guard in a competitive or noncompetitive process having the potential for resulting in an award, to the party submitting the information, of a cooperative agreement for performance of basic, applied, or advanced research authorized by section 717 or another transaction authorized by subsection (a). (B)  Information described The information referred to in subparagraph (A) is the following: (i) A proposal, proposal abstract, and supporting documents. (ii) A business plan submitted on a confidential basis. (iii) Technical information submitted on a confidential basis. (f)  Regulations The Commandant shall prescribe regulations, as necessary, to carry out this section. (g)  Annual Report On the date on which the President submits to Congress a budget pursuant to section 1105 of title 31 (1) the amount of each transaction; (2) the entities or organizations involved; (3) the product or service received; (4) the research project for which the product or service was required; and (5) the extent of the cost sharing among Federal Government and non-Federal sources. (Added Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4653  Editorial Notes  References in Text Section 2371b of title 10 section 4022 of title 10 Pub. L. 116283, div. A, title XVIII,  1841(b)(1) Jan. 1, 2021 134 Stat. 4243 Pub. L. 11781, div. A, title XVII,  1701(u)(2)(B) Dec. 27, 2021 135 Stat. 2151  720. VHF communications services (a) The Secretary of the department in which the Coast Guard is operating may authorize a person providing commercial VHF communications services to place commercial VHF communications equipment on real property under the administrative control of the Coast Guard (including towers) subject to any terms agreed to by the parties. The Secretary and that commercial VHF communications service provider also may enter into an agreement providing for VHF communications services to the Coast Guard (including digital selective calling and radio direction finding services) at a discounted rate or price based on providing such access to real property under the administrative control of the Coast Guard. (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 ( 47 U.S.C. 332 47 U.S.C. 357(d) (Added and amended Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4745  Editorial Notes  References in Text Section 704(c) of the Telecommunications Act of 1996, referred to in subsec. (c), is section 704(c) of Pub. L. 104104 section 332 of Title 47 Codification Pub. L. 107295, title IV,  406 Nov. 25, 2002 116 Stat. 2116 section 501 of this title section 719 of this title Pub. L. 116283,  8501(a)(2) Prior Provisions A prior section 720 was renumbered section 3731 of this title For redesignation of prior sections 721 to 894 not listed below as having been previously repealed or omitted, see Table Showing Redesignations Made by Title I of Pub. L. 115282 section 101 of this title A prior section 751, acts Aug. 4, 1949, ch. 393 63 Stat. 551 Aug. 3, 1950, ch. 536,  31 64 Stat. 408 act July 9, 1952, ch. 608, part VIII 66 Stat. 505 A prior section 751a, added act Aug. 10, 1956, ch. 1041,  15(a) 70A Stat. 624 Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1002 A prior section 752, act Aug. 4, 1949, ch. 393 63 Stat. 551 act July 9, 1952, ch. 608, part VIII 66 Stat. 505 A prior section 752a, added act Aug. 10, 1956, ch. 1041,  15(a) 70A Stat. 625 Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1002 A prior section 753, act Aug. 4, 1949, ch. 393 63 Stat. 551 act July 9, 1952, ch. 608, part VIII 66 Stat. 505 Prior sections 753a to 757 were omitted in the general revision of former chapter 21 of this title by Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1002 Section 753a, added act Aug. 10, 1956, ch. 1041,  15(a) 70A Stat. 625 Section 754, act Aug. 4, 1949, ch. 393 63 Stat. 551 Section 755, acts Aug. 4, 1949, ch. 393 63 Stat. 551 Aug. 3, 1950, ch. 536,  32 64 Stat. 408 Aug. 16, 1957 Pub. L. 85149 71 Stat. 369 Sept. 7, 1962 Pub. L. 87649,  7(a) 76 Stat. 495 Sept. 25, 1965 Pub. L. 89200 79 Stat. 834 June 9, 1966 Pub. L. 89444,  1(23) 80 Stat. 197 Dec. 5, 1973 Pub. L. 93174,  2(1) 87 Stat. 692 Section 756, act Aug. 4, 1949, ch. 393 63 Stat. 552 Section 757, act Aug. 4, 1949, ch. 393 63 Stat. 552 A prior section 758, act Aug. 4, 1949, ch. 393 63 Stat. 552 act May 5, 1950, ch. 169,  14(u) 64 Stat. 148 A prior section 758a, added act Aug. 10, 1956, ch. 1041,  16(a) 70A Stat. 625 Sept. 7, 1962 Pub. L. 87649,  14d(6) 76 Stat. 502 Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1002 A prior section 759, act Aug. 4, 1949, ch. 393 63 Stat. 553 act July 9, 1952, ch. 608, part VIII 66 Stat. 505 Prior sections 759a to 761 were omitted in the general revision of former chapter 21 of this title by Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1002 Section 759a, added act Aug. 10, 1956, ch. 1041,  16(a) 70A Stat. 626 Sept. 24, 1963 Pub. L. 88130,  1(12) 77 Stat. 190 Section 760, acts Aug. 4, 1949, ch. 393 63 Stat. 553 Oct. 31, 1951, ch. 655,  15 65 Stat. 715 Aug. 3, 1956, ch. 926,  2(a) 70 Stat. 981 May 14, 1974 Pub. L. 93283,  1(12) 88 Stat. 141 Section 761, act Aug. 4, 1949, ch. 393 63 Stat. 554 A prior section 762, acts Aug. 4, 1949, ch. 393,  1 63 Stat. 554 Aug. 10, 1956, ch. 1041,  17 70A Stat. 626 Sept. 18, 1970 Pub. L. 91402,  1(1) 84 Stat. 838 Pub. L. 93174,  2(2) Dec. 5, 1973 87 Stat. 692 Prior sections 763 to 765 and 770 to 798 were omitted in the general revision of former chapter 21 of this title by Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1002 Section 763, added Pub. L. 87704,  1(a) Sept. 27, 1962 76 Stat. 632 Section 764, added Pub. L. 92479,  1 Oct. 9, 1972 86 Stat. 794 Section 765, added Pub. L. 93283,  1(13) May 14, 1974 88 Stat. 141 Section 770, added Pub. L. 85861,  5(2) Sept. 2, 1958 72 Stat. 1547 Pub. L. 91402,  1(2) Sept. 18, 1970 84 Stat. 839 Section 771, added Pub. L. 85861,  5(2) Sept. 2, 1958 72 Stat. 1548 Pub. L. 89444,  1(24) June 9, 1966 80 Stat. 197 Pub. L. 93174,  2(3) Dec. 5, 1973 87 Stat. 692 Section 772, added Pub. L. 85861,  5(2) Sept. 2, 1958 72 Stat. 1548 Pub. L. 86559,  2(1) June 30, 1960 74 Stat. 280 Pub. L. 91402,  1(3) Sept. 18, 1970 84 Stat. 839 Section 773, added Pub. L. 85861,  5(2) Sept. 2, 1958 72 Stat. 1548 Pub. L. 86559,  2(2) June 30, 1960 74 Stat. 281 Section 774, added Pub. L. 85861,  5(2) Sept. 2, 1958 72 Stat. 1549 Pub. L. 91402,  1(4) Sept. 18, 1970 84 Stat. 839 Section 775, added Pub. L. 85861,  5(2) Sept. 2, 1958 72 Stat. 1549 Pub. L. 91402,  1(5) Sept. 18, 1970 84 Stat. 839 Pub. L. 93174,  2(4) Dec. 5, 1973 87 Stat. 692 Section 776, added Pub. L. 85861,  1 Sept. 2, 1958 72 Stat. 1549 Section 777, added Pub. L. 85861,  5(2) Sept. 2, 1958 72 Stat. 1549 Section 778, added Pub. L. 85861,  5(2) Sept. 2, 1958 72 Stat. 1550 Section 779, added Pub. L. 85861,  5(2) Sept. 2, 1958 72 Stat. 1550 Section 780, added Pub. L. 85861,  5(2) Sept. 2, 1958 72 Stat. 1550 Pub. L. 91402,  1(6) Sept. 18, 1970 84 Stat. 839 Pub. L. 93174,  2(5) Dec. 5, 1973 87 Stat. 692 Section 781, added Pub. L. 85861,  5(2) Sept. 2, 1958 72 Stat. 1551 Pub. L. 91402,  1(7) Sept. 18, 1970 84 Stat. 840 Section 782, added Pub. L. 85861,  5(2) Sept. 2, 1958 72 Stat. 1551 Pub. L. 91402,  1(8) Sept. 18, 1970 84 Stat. 840 Section 783, added Pub. L. 85861,  5(2) Sept. 2, 1958 72 Stat. 1552 Section 784, added Pub. L. 85861,  5(2) Sept. 2, 1958 72 Stat. 1552 Pub. L. 91402,  1(9) Sept. 18, 1970 84 Stat. 841 Section 785, added Pub. L. 85861,  5(2) Sept. 2, 1958 72 Stat. 1552 Section 786, added Pub. L. 85861,  5(2) Sept. 2, 1958 72 Stat. 1552 Section 787, added Pub. L. 85861,  5(2) Sept. 2, 1958 72 Stat. 1552 Pub. L. 91402,  1(10) Sept. 18, 1970 84 Stat. 841 Pub. L. 93174,  2(7) Dec. 5, 1973 87 Stat. 692 Section 787a, added Pub. L. 86559,  2(3) June 30, 1960 74 Stat. 281 Section 788, added Pub. L. 85861,  5(2) Sept. 2, 1958 72 Stat. 1553 Section 789, added Pub. L. 85861,  5(2) Sept. 2, 1958 72 Stat. 1553 Section 790, added Pub. L. 85861,  5(2) Sept. 2, 1958 72 Stat. 1554 Pub. L. 91402,  1(11) Sept. 18, 1970 84 Stat. 841 Section 791, added Pub. L. 85861,  5(2) Sept. 2, 1958 72 Stat. 1554 Pub. L. 88130,  1(13) Sept. 24, 1963 77 Stat. 190 Pub. L. 91402,  1(12) Sept. 18, 1970 84 Stat. 842 Section 792, added Pub. L. 85861,  5(2) Sept. 2, 1958 72 Stat. 1554 Section 793, added Pub. L. 85861,  5(2) Sept. 2, 1958 72 Stat. 1554 Section 794, added Pub. L. 85861,  5(2) Sept. 2, 1958 72 Stat. 1554 Section 795, added Pub. L. 85861,  5(2) Sept. 2, 1958 72 Stat. 1555 Section 796, added Pub. L. 91402,  1(13) Sept. 18, 1970 84 Stat. 842 Pub. L. 93174,  2(8) Dec. 5, 1973 87 Stat. 692 Section 797, added Pub. L. 91402,  1(13) Sept. 18, 1970 84 Stat. 842 Section 798, added Pub. L. 91402,  1(13) Sept. 18, 1970 84 Stat. 843 Amendments 2021 Pub. L. 116283 section 406 of Pub. L. 107295  721. Responses to safety recommendations (a)  In General Not later than 90 days after the National Transportation Safety Board submits to the Commandant a recommendation, and supporting justification for such recommendation, relating to transportation safety, the Commandant shall submit to the National Transportation Safety Board a written response to the recommendation, including whether the Commandant (1) concurs with the recommendation; (2) partially concurs with the recommendation; or (3) does not concur with the recommendation. (b)  Explanation of Concurrence The Commandant shall include in a response submitted under subsection (a) (1) with respect to a recommendation with which the Commandant concurs or partially concurs, an explanation of the actions the Commandant intends to take to implement such recommendation or part of such recommendation; and (2) with respect to a recommendation with which the Commandant does not concur, the reasons the Commandant does not concur. (c)  Failure To Respond If the National Transportation Safety Board has not received the written response required under subsection (a) by the end of the time period described in such subsection, the National Transportation Safety Board shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that such response has not been received. (Added Pub. L. 117263, div. K, title CXV,  11501(a) Dec. 23, 2022 136 Stat. 4127 CHAPTER 9 ADMINISTRATION    SUBCHAPTER IREAL AND PERSONAL PROPERTY  Sec.  901. Disposal of certain material.  902. Employment of draftsmen and engineers.  903. Use of certain appropriated funds.  904. Local hire.  905. Procurement authority for family housing.  906. Air Station Cape Cod Improvements.  907. Long-term lease of special purpose facilities.  908. Long-term lease authority for lighthouse property.  909. Small boat station rescue capability.  910. Small boat station closures.  911. Search and rescue center standards.  912. Air facility closures.  913. Turnkey selection procedures.  914. Disposition of infrastructure related to ELORAN.  SUBCHAPTER IIMISCELLANEOUS  931. Oaths required for boards.  932. Administration of oaths.  933. Coast Guard ensigns and pennants.  934. Penalty for unauthorized use of words Coast Guard.  935. Coast Guard band recordings for commercial sale.  936. Confidentiality of medical quality assurance records; qualified immunity for participants.  937. Admiralty claims against the United States.  938. Claims for damage to property of the United States.  939. Accounting for industrial work.  940. Supplies and equipment from stock.  941. Coast Guard Supply Fund.  942. Public and commercial vessels and other watercraft; sale of fuel, supplies, and services.  943. Arms and ammunition; immunity from taxation.  944. Confidential investigative expenses.  945. Assistance to film producers.  946. User fees.  947. Vessel construction bonding requirements.  948. Contracts for medical care for retirees, dependents, and survivors: alternative delivery of health care.  949. Telephone installation and charges.  950. Designation, powers, and accountability of deputy disbursing officials.  951. Aircraft accident investigations.  952. Construction of Coast Guard vessels and assignment of vessel projects.  953. Support for Coast Guard Academy.  954. Mixed-funded athletic and recreational extracurricular programs.  Editorial Notes Prior Provisions A prior analysis for chapter 9 COAST GUARD ACADEMY consisted of items 181 Administration of Academy, 181a Cadet applicants; preappointment travel to Academy, 182 Cadets; number, appointment, obligation to serve, 183 Cadets; initial clothing allowance, 184 Cadets; degree of bachelor of science, 185 Cadets; appointment as ensign, 186 Civilian teaching staff, 187 Permanent commissioned teaching staff; composition, 188 Appointment of permanent commissioned teaching staff, 189 Grade of permanent commissioned teaching staff, 190 Retirement of permanent commissioned teaching staff, 191 Credit for service as member of civilian teaching staff, 192 Assignment of personnel as instructors, 194 Annual Board of Visitors, 195 Admission of foreign nationals for instruction; restrictions; conditions, 196 Participation in Federal, State, or other educational research grants, 197 Cadets: charges and fees for attendance; limitation, 199 Marine safety curriculum, and 200 Policy on sexual harassment and sexual violence, prior to repeal by Pub. L. 115282, title I,  107(a) Dec. 4, 2018 132 Stat. 4204 Amendments 2022 Pub. L. 117263, div. K, title CXII,  11250(b) Dec. 23, 2022 136 Stat. 4052 Pub. L. 115282, title I,  107(a) Dec. 4, 2018 132 Stat. 4204 SUBCHAPTER I REAL AND PERSONAL PROPERTY  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  107(c)(1) Dec. 4, 2018 132 Stat. 4207  901. Disposal of certain material (a) The Commandant subject to applicable regulations under subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 may dispose of, with or without charge, to the Coast Guard Auxiliary, including any incorporated unit thereof, to the sea-scout service of the Boy Scouts of America, and to any public body or private organization not organized for profit having an interest therein for historical or other special reasons, such obsolete or other material as may not be needed for the Coast Guard. (b) The Commandant may, under regulations prescribed by the Secretary, sell apparatus or equipment manufactured by or in use in the Coast Guard, which is not readily procurable in the open market. The money received from such sale shall be deposited in the Treasury to the credit of the current appropriation from which purchase of similar apparatus or equipment is authorized. (c) (1) The Commandant may (A) provide for the sale of recyclable materials that the Coast Guard holds; (B) provide for the operation of recycling programs at Coast Guard installations; and (C) designate Coast Guard installations that have qualified recycling programs for the purposes of subsection (d)(2). (2) Recyclable materials shall be sold in accordance with sections 541555 of title 40, except that the Commandant may conduct sales of materials for which the proceeds of sale will not exceed $5,000 under regulations prescribed by the Commandant. (d) (1) Proceeds from the sale of recyclable materials at a Coast Guard installation shall be credited to funds available for operations and maintenance at that installation in amounts sufficient to cover operations, maintenance, recycling equipment, and overhead costs for processing recyclable materials at the installation. (2) If, after funds are credited, a balance remains available to a Coast Guard installation and the installation has a qualified recycling program, not more than 50 percent of that balance may be used at the installation for projects for pollution abatement, energy conservation, and occupational safety and health activities. The cost of the project may not be greater than 50 percent of the amount permissible for a minor construction project. (3) The remaining balance available to a Coast Guard installation may be transferred to the Coast Guard Morale, Welfare, and Recreation Program. (e) If the balance available to the Coast Guard installation under this section at the end of a fiscal year is in excess of $200,000, the amount of that excess shall be deposited in the general fund of the Treasury as offsetting receipts of the Department in which the Coast Guard is operating and ascribed to Coast Guard activities. ( Aug. 4, 1949, ch. 393 63 Stat. 547 Oct. 31, 1951, ch. 654,  2(11) 65 Stat. 707 Pub. L. 97295,  2(4) Oct. 12, 1982 96 Stat. 1301 Pub. L. 102587, title V,  5202 Nov. 4, 1992 106 Stat. 5071 Pub. L. 104324, title IV,  408 Oct. 19, 1996 110 Stat. 3925 Pub. L. 107217,  3(c)(3) Aug. 21, 2002 116 Stat. 1298 Pub. L. 111350,  5(c)(3) Jan. 4, 2011 124 Stat. 3847 Pub. L. 114120, title II,  209(10) Feb. 8, 2016 130 Stat. 41 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Historical and Revision Notes Subsection (a) is based on title 14, U.S.C., 1946 ed.,  43a ( Apr. 10, 1936, ch. 179 49 Stat. 1195 Subsection (b) is based on title 33, U.S.C., 1946 ed.,  752a ( May 22, 1926, ch. 371,  5 44 Stat. 626 Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 641 of this title 2016Subsec. (d)(3). Pub. L. 114120 2011Subsec. (a). Pub. L. 111350 41 U.S.C. 251 2002Subsec. (a). Pub. L. 107217,  3(c)(3)(A) 41 U.S.C. 251 40 U.S.C. 471 Subsec. (c)(2). Pub. L. 107217,  3(c)(3)(B) 40 U.S.C. 484 1996Subsec. (a). Pub. L. 104324,  408 Subsec. (c)(2). Pub. L. 104324,  1119 1992Subsecs. (c) to (e). Pub. L. 102587 1982Subsec. (a). Pub. L. 97295 40 U.S.C. 471 1951Subsec. (a). Act Oct. 31, 1951  902. Employment of draftsmen and engineers  The Coast Guard may employ temporarily, at the seat of government, draftsmen and engineers for the preparation of plans and specifications for vessels, lighthouses, aids to navigation, and other projects for the Coast Guard that may be authorized or appropriated for by Congress, to be paid from the appropriations applicable to such projects. ( Aug. 4, 1949, ch. 393 63 Stat. 550 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Historical and Revision Notes Based on title 33, U.S.C., 1946 ed.,  716 ( June 17, 1910, ch. 301,  9 36 Stat. 538 July 27, 1939, ch. 388,  1 53 Stat. 1130 Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 653 of this title  903. Use of certain appropriated funds (a) Funds appropriated to or for the use of the Coast Guard for procurement, construction, and improvement of facilities and for research and development shall remain available until expended. (b) The Secretary may use any funds appropriated to or for the use of the Coast Guard for other construction purposes to restore, repair, or replace facilities that have been damaged or destroyed, including acquisition of sites. (c) The Secretary may use any funds appropriated to or for the use of the Coast Guard for other construction purposes to acquire, construct, convert, extend, and install at Coast Guard installations and facilities, needed permanent or temporary public works, including the preparation of sites and the furnishing of appurtenances, utilities, and equipment, but excluding the construction of family quarters, costing  not  more  than  $200,000  for  any  one project. (d)  Minor Construction and Improvement. (1)  In general Subject to the reporting requirements set forth in paragraph (2), each fiscal year the Secretary may expend from amounts made available for the operations and support of the Coast Guard not more than $1,500,000 for minor construction and improvement projects at any location. (2)  Report Not later than the date on which the President submits to Congress a budget under section 1105 of title 31 (Added Pub. L. 8845,  2 June 21, 1963 77 Stat. 68 Pub. L. 93283,  1(9) May 14, 1974 88 Stat. 140 Pub. L. 112213, title II,  212(a) Dec. 20, 2012 126 Stat. 1552 Pub. L. 113281, title II,  221(b)(2) Dec. 18, 2014 128 Stat. 3038 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4760  Editorial Notes Codification Section 8513(a)(2)(B) of Pub. L. 116283 Pub. L. 116283 section 501 of Title 10 Amendments 2021Subsec. (a). Pub. L. 116283,  8513(a)(2)(A) Subsec. (d)(1). Pub. L. 116283,  8513(a)(2)(B) 2018 Pub. L. 115282 section 656 of this title 2014Subsec. (d)(2). Pub. L. 113281 2012 Pub. L. 112213,  212(b)(1) Subsec. (d). Pub. L. 112213,  212(a) 1974 Pub. L. 93283,  1(9)(A) Pub. L. 93283,  1(9)(B)  904. Local hire (a) Notwithstanding any other law, each contract awarded by the Coast Guard for construction or services to be performed in whole or in part in a State that has an unemployment rate in excess of the national average rate of unemployment (as determined by the Secretary of Labor) shall include a provision requiring the contractor to employ, for the purpose of performing that portion of the contract in that State, individuals who are local residents and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills. The Secretary of the department in which the Coast Guard is operating may waive the requirements of this subsection in the interest of national security or economic efficiency. (b)  Local Resident Defined As used in this section, local resident means a resident of, or an individual who commutes daily to, a State described in subsection (a). (Added Pub. L. 101225, title II,  206(a) Dec. 12, 1989 103 Stat. 1912 Pub. L. 107296, title XVII,  1704(a) Nov. 25, 2002 116 Stat. 2314 Pub. L. 112213, title II,  217(10) Dec. 20, 2012 126 Stat. 1558 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Editorial Notes Amendments 2018 Pub. L. 115282 section 666 of this title 2012Subsec. (a). Pub. L. 112213 2002Subsec. (a). Pub. L. 107296 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10  905. Procurement authority for family housing (a) The Secretary is authorized (1) to acquire, subject to the availability of appropriations sufficient to cover its full obligations, real property or interests therein by purchase, lease for a term not to exceed 5 years, or otherwise, for use as Coast Guard family housing units, including the acquisition of condominium units, which may include the obligation to pay maintenance, repair, and other condominium-related fees; and (2) to dispose of by sale, lease, or otherwise, any real property or interest therein used for Coast Guard family housing units for adequate consideration. (b) (1) For the purposes of this section, a multiyear contract is a contract to lease Coast Guard family housing units for at least one, but not more than 5, fiscal years. (2) The Secretary may enter into multiyear contracts under subsection (a) of this section whenever the Coast Guard finds that (A) the use of a contract will promote the efficiency of the Coast Guard family housing program and will result in reduced total costs under the contract; and (B) there are realistic estimates of both the cost of the contract and the anticipated cost avoidance through the use of a multiyear contract. (3) A multiyear contract authorized under subsection (a) of this section shall contain cancellation and termination provisions to the extent necessary to protect the best interests of the United States, and may include consideration of both recurring and nonrecurring costs. The contract may provide for a cancellation payment to be made. Amounts that were originally obligated for the cost of the contract may be used for cancellation or termination costs. (Added Pub. L. 103206, title III,  302(a) Dec. 20, 1993 107 Stat. 2423 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Editorial Notes Amendments 2018 Pub. L. 115282 section 670 of this title  906. Air Station Cape Cod Improvements  The Secretary may expend funds for the repair, improvement, restoration, or replacement of those federally or nonfederally owned support buildings, including appurtenances, which are on leased or permitted real property constituting Coast Guard Air Station Cape Cod, located on Massachusetts Military Reservation, Cape Cod, Massachusetts. (Added Pub. L. 103206, title III,  303(a) Dec. 20, 1993 107 Stat. 2423 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Editorial Notes Amendments 2018 Pub. L. 115282 section 671 of this title  907. Long-term lease of special purpose facilities (a) The Secretary is authorized, subject to the availability of appropriations, to enter into lease agreements to acquire real property or interests therein for a term not to exceed 20 years, inclusive of any automatic renewal clauses, for special purpose facilities, including, aids to navigation (hereafter in this section referred to as ATON) sites, vessel traffic service (hereafter in this section referred to as VTS) sensor sites, or National Distress System (hereafter in this section referred to as NDS) high level antenna sites. These lease agreements shall include cancellation and termination provisions to the extent necessary to protect the best interests of the United States. Cancellation payment provisions may include consideration of both recurring and nonrecurring costs associated with the real property interests under the contract. These lease agreements may provide for a cancellation payment to be made. Amounts that were originally obligated for the cost of the contract may be used for cancellation or termination costs. (b) For purposes of this section, the term special purpose facilities means any facilities used to carry out Coast Guard aviation, maritime, or navigation missions other than general purpose office and storage space facilities. (c) In the case of ATON, VTS, or NDS sites, the Secretary may enter into multiyear lease agreements under subsection (a) of this section whenever the Secretary finds that (1) the use of such a lease agreement will promote the efficiency of the ATON, VTS, or NDS programs and will result in reduced total costs under the agreement; (2) the minimum need for the real property or interest therein to be leased is expected to remain substantially unchanged during the contemplated lease period; and (3) the estimates of both the cost of the lease and the anticipated cost avoidance through the use of a multiyear lease are realistic. (Added Pub. L. 103206, title III,  304(a) Dec. 20, 1993 107 Stat. 2424 Pub. L. 104324, title VII,  746(d) Oct. 19, 1996 110 Stat. 3943 Pub. L. 108293, title II,  212(a) Aug. 9, 2004 118 Stat. 1036 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Editorial Notes Amendments 2018 Pub. L. 115282 section 672 of this title 2004 Pub. L. 108293,  212(a)(1) Subsec. (a). Pub. L. 108293,  212(a)(2) Subsecs. (b), (c). Pub. L. 108293,  212(a)(3) 1996 Pub. L. 104324  908. Long-term lease authority for lighthouse property (a) The Commandant may lease to non-Federal entities, including private individuals, lighthouse property under the administrative control of the Coast Guard for terms not to exceed 30 years. Consideration for the use and occupancy of lighthouse property leased under this section, and for the value of any utilities and services furnished to a lessee of such property by the Commandant, may consist, in whole or in part, of non-pecuniary remuneration including the improvement, alteration, restoration, rehabilitation, repair, and maintenance of the leased premises by the lessee. Section 1302 of title 40 (b) Amounts received from leases made under this section, less expenses incurred, shall be deposited in the fund established under section 2946. (Added Pub. L. 107295, title IV,  417(a) Nov. 25, 2002 116 Stat. 2122 Pub. L. 113281, title II,  208(b) Dec. 18, 2014 128 Stat. 3026 Pub. L. 115232, div. C, title XXXV Aug. 13, 2018 132 Stat. 2320 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4205  Editorial Notes Amendments 2018 Pub. L. 115282,  107(b) section 672a of this title Subsec. (a). Pub. L. 115232 Section 1302 of title 40 June 30, 1932 40 U.S.C. 303b Subsec. (b). Pub. L. 115282,  123(b)(2) 2014Subsec. (b). Pub. L. 113281  909. Small boat station rescue capability  The Secretary shall ensure that each Coast Guard small boat station (including a seasonally operated station) maintains, within the area of responsibility for the station, at least 1 vessel that is fully capable of performing offshore rescue operations, taking into consideration prevailing weather, marine conditions, and depositional geologic features such as sand bars. (Added Pub. L. 104324, title III,  309(a) Oct. 19, 1996 110 Stat. 3919 Pub. L. 107295, title IV,  405(a)(1) Nov. 25, 2002 116 Stat. 2115 Pub. L. 107296, title XVII,  1704(a) Nov. 25, 2002 116 Stat. 2314 Pub. L. 112213, title II,  217(12) Dec. 20, 2012 126 Stat. 1558 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Editorial Notes Amendments 2018 Pub. L. 115282 section 674 of this title 2012 Pub. L. 112213 2002 Pub. L. 107296,  1704(f)(1) section 673 of this title Pub. L. 104324,  309(a) section 673a of this title Pub. L. 107295 Pub. L. 107296,  1704(a) section 673a of this title Pub. L. 107295 section 673 of this title Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by section 1704(a) of Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Amendment by section 1704(f)(1) of Pub. L. 107296 Nov. 25, 2002 section 4 of Pub. L. 107296 section 101 of Title 6  910. Small boat station closures (a)  Closures The Secretary may not close a Coast Guard multimission small boat station or subunit unless the Secretary (1) determines that (A) remaining search and rescue capabilities maintain the safety of the maritime public in the area of the station or subunit; (B) regional or local prevailing weather and marine conditions, including water temperature or unusual tide and current conditions, do not require continued operation of the station or subunit; and (C) Coast Guard search and rescue standards related to search and rescue response times are met; and (2) provides an opportunity for public comment and for public meetings in the area of the station or subunit with regard to the decision to close the station or subunit. (b)  Operational Flexibility The Secretary may implement any management efficiencies within the small boat station system, such as modifying the operational posture of units or reallocating resources as necessary to ensure the safety of the maritime public nationwide. No stations or subunits may be closed under this subsection except in accordance with subsection (a). (Added Pub. L. 104324, title III,  309(a) Oct. 19, 1996 110 Stat. 3919 Pub. L. 107295, title IV,  405(a)(1) Nov. 25, 2002 116 Stat. 2115 Pub. L. 107296, title XVII,  1704(a) Nov. 25, 2002 116 Stat. 2314 Pub. L. 112213, title II,  217(13) Dec. 20, 2012 126 Stat. 1558 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Editorial Notes Amendments 2018 Pub. L. 115282 section 675 of this title 2012Subsec. (a). Pub. L. 112213 2002Subsec. (a). Pub. L. 107296 section 674 of this title section 674 of this title Pub. L. 107295 Pub. L. 107295 section 674 of this title Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10  911. Search and rescue center standards (a) The Secretary shall establish, implement, and maintain the minimum standards necessary for the safe operation of all Coast Guard search and rescue center facilities, including with respect to the following: (1) The lighting, acoustics, and temperature in the facilities. (2) The number of individuals on a shift in the facility assigned search and rescue responsibilities (including communications), which may be adjusted based on seasonal workload. (3) The length of time an individual may serve on watch to minimize fatigue, based on the best scientific information available. (4) The scheduling of individuals having search and rescue responsibilities to minimize fatigue of the individual when on duty in the facility. (5) The workload of each individual engaged in search and rescue responsibilities in the facility. (6) Stress management for the individuals assigned search and rescue responsibilities in the facilities. (7) The design of equipment and facilities to minimize fatigue and enhance search and rescue operations. (8) The acquisition and maintenance of interim search and rescue command center communications equipment. (9) Any other requirements that the Secretary believes will increase the safe operation of the search and rescue centers. (b)  Sense of Congress It is the sense of the Congress that the Secretary should establish, implement, and maintain minimum standards necessary to ensure that an individual on duty or watch in a Coast Guard search and rescue command center facility does not work more than 12 hours in a 24-hour period, except in an emergency or unforeseen circumstances. (c)  Definition For the purposes of this section, the term search and rescue center facility means a Coast Guard shore facility that maintains a search and rescue mission coordination and communications watch. (Added Pub. L. 107295, title IV,  405(a)(2) Nov. 25, 2002 116 Stat. 2115 Pub. L. 111207,  4(a)(3) July 27, 2010 124 Stat. 2251 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Editorial Notes Amendments 2018 Pub. L. 115282 section 676 of this title 2010Subsec. (d). Pub. L. 111207 Statutory Notes and Related Subsidiaries Prescription of Standards Pub. L. 107295, title IV,  405(b) Nov. 25, 2002 116 Stat. 2116 The Secretary shall prescribe the standards required under section 675(a) [probably means section 676(a), now 911(a)] of title 14, United States Code, as enacted by subsection (a) of this section, before January 1, 2003  912. Air facility closures (a)  Closures. (1)  In general Beginning on January 1, 2018 (2)  Determinations The Secretary may not propose closing or terminating operations at a Coast Guard air facility unless the Secretary determines that (A) remaining search and rescue capabilities maintain the safety of the maritime public in the area of the air facility; (B) regional or local prevailing weather and marine conditions, including water temperatures or unusual tide and current conditions, do not require continued operation of the air facility; and (C) Coast Guard search and rescue standards related to search and response times are met. (3)  Public notice and comment. (A)  In general Prior to closing an air facility, the Secretary shall provide opportunities for public comment, including the convening of public meetings in communities in the area of responsibility of the air facility with regard to the proposed closure or cessation of operations at the air facility. (B)  Public meetings Prior to convening a public meeting under subparagraph (A), the Secretary shall notify each congressional office representing any portion of the area of responsibility of the air station that is the subject to such public meeting of the schedule and location of such public meeting. (4)  Notice to congress Prior to closure, cessation of operations, or any significant reduction in personnel and use of a Coast Guard air facility that is in operation on or after December 31, 2017 (A) submit to the Congress a proposal for such closure, cessation, or reduction in operations along with the budget of the President submitted to Congress under section 1105(a) of title 31 (i) a discussion of the determination made by the Secretary pursuant to paragraph (2); and (ii) a report summarizing the public comments received by the Secretary under paragraph (3) 1 1 (B) not later than 7 days after the date a proposal for an air facility is submitted pursuant to subparagraph (A), provide written notice of such proposal to each of the following: (i) Each member of the House of Representatives who represents a district in which the air facility is located. (ii) Each member of the Senate who represents a State in which the air facility is located. (iii) Each member of the House of Representatives who represents a district in which assets of the air facility conduct search and rescue operations. (iv) Each member of the Senate who represents a State in which assets of the air facility conduct search and rescue operations. (v) The Committee on Appropriations of the House of Representatives. (vi) The Committee on Transportation and Infrastructure of the House of Representatives. (vii) The Committee on Appropriations of the Senate. (viii) The Committee on Commerce, Science, and Transportation of the Senate. (5)  Congressional review The Secretary may not close, cease operations, or significantly reduce personnel and use of a Coast Guard air facility for which a written notice is provided under paragraph (4)(A) until a period of 18 months beginning on the date on which such notice is provided has elapsed. (b)  Operational Flexibility The Secretary may implement any reasonable management efficiencies within the air station and air facility network, such as modifying the operational posture of units or reallocating resources as necessary to ensure the safety of the maritime public nationwide. (Added Pub. L. 114120, title II,  208(a) Feb. 8, 2016 130 Stat. 38 Pub. L. 114328, div. C, title XXXV,  3503(a) Dec. 23, 2016 130 Stat. 2775 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Editorial Notes Amendments 2018 Pub. L. 115282,  107(b) section 676a of this title Subsec. (a). Pub. L. 115282,  319(1) Subsec. (a)(3). Pub. L. 115282,  319(3)(A) Subsec. (a)(4). Pub. L. 115282,  319(3)(B)(i) Subsec. (a)(4)(A). Pub. L. 115282,  319(3)(B)(ii) section 1105(a) of title 31 Subsec. (a)(5). Pub. L. 115282,  319(3)(C) Subsecs. (b), (c). Pub. L. 115282,  319(2) 2016Subsec. (a)(2)(B). Pub. L. 114328 Statutory Notes and Related Subsidiaries Effective Date of 2016 Amendment Amendment by Pub. L. 114328 Pub. L. 114120 section 3503(e) of Pub. L. 114328 section 315 of this title  913. Turnkey selection procedures (a)  Authority to Use The Secretary may use one-step turnkey selection procedures for the purpose of entering into contracts for construction projects. (b)  Definitions In this section, the following definitions apply: (1) The term one-step turnkey selection procedures means procedures used for the selection of a contractor on the basis of price and other evaluation criteria to perform, in accordance with the provisions of a firm fixed-price contract, both the design and construction of a facility using performance specifications supplied by the Secretary. (2) The term construction includes the construction, procurement, development, conversion, or extension of any facility. (3) The term facility means a building, structure, or other improvement to real property. (Added Pub. L. 109241, title II,  205(a) July 11, 2006 120 Stat. 521 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Editorial Notes Amendments 2018 Pub. L. 115282 section 677 of this title  914. Disposition of infrastructure related to ELORAN (a)  In General Notwithstanding any other provision of law, the Commandant may dismantle or dispose of any real or personal property under the administrative control of the Coast Guard and used for the LORANC system. (b)  Restriction No action described in subsection (a) may be taken unless and until (1) the Commandant notifies the Secretary of Transportation and the Secretary of Defense in writing of the proposed dismantling or disposal of a LORANC system; and (2) a period of 90 calendar days expires following the day on which the notice has been submitted. (c)  Receipt of Notification If, not later than 90 calendar days of receipt of the written notification under subsection (b), the Secretary of Transportation or the Secretary of Defense notifies the Commandant, in writing, of a determination under section 312(d) of title 49 (d)  Notification Expiration If, at the end of the 90 calendar day period no notification under subsection (b) has been received, the Commandant shall notify the Committee on Transportation and Infrastructure and the Committee on Appropriations in the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate that the period in subsection (b)(2) has expired, and may proceed with the dismantling and disposal of the personal property, and disposing of the real property in accordance with section 2945 of this title (e)  Exception The prohibition on actions in subsection (b) does not apply to actions necessary for the safety of human life. (Added Pub. L. 114120, title VI,  610(a)(1) Feb. 8, 2016 130 Stat. 83 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4653 Pub. L. 117263, div. K, title CXII,  11211 Dec. 23, 2022 136 Stat. 4012  Editorial Notes Amendments 2022 Pub. L. 117263 2021Subsec. (a). Pub. L. 116283,  8216(1) Public Law 114120 Subsec. (c)(2). Pub. L. 116283,  8216(2) 2018 Pub. L. 115282 section 681 of this title SUBCHAPTER II MISCELLANEOUS  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  107(c)(2) Dec. 4, 2018 132 Stat. 4207  931. Oaths required for boards  The members of a retiring board, selection board, examining board, and any other board authorized to be assembled pursuant to this title shall be sworn to discharge their duties honestly and impartially, the oath to be administered to the members by the President or other presiding officer of the board, and to him by the junior member or recorder. ( Aug. 4, 1949, ch. 393 63 Stat. 545 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  170 ( Apr. 12, 1902, ch. 501,  5 32 Stat. 100 Said section has been divided. That part relating to oaths is covered in this section. The remainder is covered in section 425 of this title Said section is enlarged to include the oaths required for all boards, rather than to cover retiring boards only. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 635 of this title  932. Administration of oaths (a) Such commissioned and warrant officers of the Coast Guard as may be designated by the Commandant may, pursuant to rules prescribed by the Commandant, exercise the general powers of a notary public in the administration of oaths for the following purposes: (1) execution, acknowledgment, and attestation of instruments and papers, oaths of allegiance in connection with recruiting, oaths in connection with courts and boards, and all other notarial acts in connection with the proper execution of Coast Guard functions; (2) execution, acknowledgment, and attestation of instruments and papers, and all other notarial acts in time of war or national emergency; and (3) execution, acknowledgment, and attestation of instruments and papers, and all other notarial acts in Alaska and places beyond the continental limits of the United States where the Coast Guard is serving. (b) No fee of any character shall be charged by any commissioned or warrant officer for performing notarial acts. The signature and indication of grade of any commissioned or warrant officer performing any notarial act shall be prima facie evidence of his authority. ( Aug. 4, 1949, ch. 393 63 Stat. 545 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  26, 27 ( Apr. 16, 1908, ch. 145,  12 35 Stat. 63 June 5, 1920, ch. 235,  1 41 Stat. 880 Said sections are rewritten, the provisions concerning oaths being broadened to conform more closely to law applicable to officers of the Navy (see title 34, U.S.C., 1946 ed.,  217a). 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 636 of this title  933. Coast Guard ensigns and pennants (a) Vessels and aircraft authorized by the Secretary shall be distinguished from other vessels and aircraft by an ensign, pennant, or other identifying insignia of such design as prescribed by the Secretary. Such ensign, pennant, or other identifying insignia shall be displayed in accordance with regulations prescribed by the Secretary. (b) No vessel or aircraft without authority shall carry, hoist, or display any ensign, pennant, or other identifying insignia prescribed for, or intended to resemble, any ensign, pennant, or other identifying insignia prescribed for Coast Guard vessels or aircraft. An individual violating this subsection shall be fined not more than $5,000, or imprisoned for not more than two years, or both. ( Aug. 4, 1949, ch. 393 63 Stat. 546 Pub. L. 111281, title II,  213(b) Oct. 15, 2010 124 Stat. 2915 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4748  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  64 (R.S. 2764; Aug. 5, 1935, ch. 438 49 Stat. 528 Aircraft are included within the provisions of this section. The Secretary rather than the President is given the authority to design ensigns and pennants. Unauthorized display of such insignia is made illegal anywhere rather than only within the jurisdiction of the United States. The language is broadened to include any person violating this section; existing law applies to masters of offending vessels only. 81st Congress, House Report No. 557. Editorial Notes Amendments 2021Subsec. (b). Pub. L. 116283 2018 Pub. L. 115282 section 638 of this title 2010Subsec. (a). Pub. L. 111281  934. Penalty for unauthorized use of words Coast Guard  No individual, association, partnership, or corporation shall, without authority of the Commandant, use the combination of letters USCG or USCGR, the words Coast Guard, United States Coast Guard, Coast Guard Reserve, United States Coast Guard Reserve, Coast Guard Auxiliary, United States Coast Guard Auxiliary, Lighthouse Service, Life Saving Service, or any combination or variation of such letters or words alone or with other letters or words, as the name under which he or it shall do business, for the purpose of trade, or by way of advertisement to induce the effect of leading the public to believe that any such individual, association, partnership, or corporation has any connection with the Coast Guard. No individual, association, partnership, or corporation shall falsely advertise, or otherwise represent falsely by any device whatsoever, that any project or business in which he or it is engaged, or product which he or it manufactures, deals in, or sells, has been in any way endorsed, authorized, or approved by the Coast Guard. Every person violating this section shall be fined not more than $10,000, or imprisoned not more than one year, or both. ( Aug. 4, 1949, ch. 393 63 Stat. 546 Aug. 3, 1950, ch. 536,  30 64 Stat. 408 Pub. L. 113281, title II,  205(b) Dec. 18, 2014 128 Stat. 3025 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Historical and Revision Notes This section makes the unauthorized use of the words Coast Guard or any derivative thereof, a crime. This is believed to be a desirable prohibition in view of the many commercial organizations which are manufacturing equipment approved by the Coast Guard and selling same to vessels in the United States. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 639 of this title 2014 Pub. L. 113281 1950Act Aug. 3, 1950 Statutory Notes and Related Subsidiaries Coast Guard City, USA Pub. L. 105383, title IV,  409 Nov. 13, 1998 112 Stat. 3431 Pub. L. 114120, title II,  206 Feb. 8, 2016 130 Stat. 37 The Commandant of the Coast Guard may recognize the community of Grand Haven, Michigan, as Coast Guard City, USA. If the Commandant desires to recognize any other community in the same manner or any other community requests such recognition from the Coast Guard, the Commandant shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives 30 days prior to approving such recognition.  935. Coast Guard band recordings for commercial sale (a) The Coast Guard band may produce recordings for commercial sale. (b) Amounts received as proceeds from the sale of any such recordings may be credited to applicable appropriations of the Coast Guard for expenses of the Coast Guard band. (c) The Secretary shall prescribe regulations governing the accounting of such proceeds. (Added Pub. L. 101510, div. A, title III,  327(d)(1) Nov. 5, 1990 104 Stat. 1532 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Editorial Notes Amendments 2018 Pub. L. 115282 section 640 of this title  936. Confidentiality of medical quality assurance records; qualified immunity for participants (a) In this section (1) medical quality assurance program means any activity carried out by or for the Coast Guard to assess the quality of medical care, including activities conducted by individuals, military medical or dental treatment facility committees, or other review bodies responsible for quality assurance, credentials, infection control, patient care assessment (including treatment procedures, blood, drugs, and therapeutics) medical records, health resources management review and identification and prevention of medical or dental incidents and risks. (2) medical quality assurance record means the proceedings, records, minutes, and reports that emanate from quality assurance program activities described in paragraph (1) and are produced or compiled by the Coast Guard as part of a medical quality assurance program. (3) health care provider means any military or civilian health care professional who, under regulations prescribed by the Secretary, is granted clinical practice privileges to provide health care services in a military medical or dental treatment facility or who is licensed or certified to perform health care services by a governmental board or agency or professional health care society or organization. (b) Medical quality assurance records created by or for the Coast Guard as part of a medical quality assurance program are confidential and privileged. The records may not be disclosed to any person or entity except as provided in subsection (d). (c) (1) Medical quality assurance records are not subject to discovery and may not be admitted into evidence in any judicial or administrative proceeding, except as provided in subsection (d). (2) Except as provided in this section, an individual who reviews or creates medical quality assurance records for the Coast Guard or who participates in any proceeding that reviews or creates the records may not testify in any judicial or administrative proceeding with respect to the records or with respect to any finding, recommendation, evaluation, opinion, or action taken by that person in connection with the records. (d) (1) Subject to paragraph (2), a medical quality assurance record may be disclosed, and an individual referred to in subsection (c) may testify in connection with a record only as follows: (A) To a Federal executive agency or private organization, if necessary to license, accredit, or monitor Coast Guard health care facilities. (B) To an administrative or judicial proceeding commenced by a present or former Coast Guard or Coast Guard assigned Public Health Service health care provider concerning the termination, suspension, or limitation of clinical privileges of the health care provider. (C) To a governmental board or agency or to a professional health care society or organization, if necessary to perform licensing, or privileging, or to monitor professional standards for a health care provider who is or was a member or an employee of the Coast Guard or the Public Health Service assigned to the Coast Guard. (D) To a hospital, medical center, or other institution that provides health care services, if necessary to assess the professional qualifications of any health care provider who is or was a member or employee of the Coast Guard or the Public Health Service assigned to the Coast Guard and who has applied for or been granted authority or employment to provide health care services in or on behalf of the institution. (E) To an officer, member, employee, or contractor of the Coast Guard or the Public Health Service assigned to the Coast Guard if for official purposes. (F) To a criminal or civil law enforcement agency or instrumentality charged under applicable law with the protection of the public health or safety, if a qualified representative of the agency or instrumentality makes a written request that the record or testimony be provided for a purpose authorized by law. (G) In an administrative or judicial proceeding commenced by a criminal or civil law enforcement agency or instrumentality referred to in subparagraph (F), but only with respect to the subject of the proceeding. (2) Except in a quality assurance action, the identity of any individual receiving health care services from the Coast Guard or the identity of any other individual associated with the agency for the purposes of a medical quality assurance program that is disclosed in a medical quality assurance record shall be deleted from that record or document before any disclosure of the record is made outside the Coast Guard. This requirement does not apply to the release of information under section 552a of title 5 (e) Except as provided in this section, a person having possession of or access to a record or testimony described by this section may not disclose the contents of the record or testimony. (f) Medical quality assurance records may not be made available to any person under section 552 of title 5 (g) An individual who participates in or provides information to an individual that reviews or creates medical quality assurance records is not civilly liable for participating or providing the information if the participation or provision of information was in good faith based on prevailing professional standards at the time the medical quality assurance program activity took place. (h) Nothing in this section shall be construed as (1) authority to withhold from any person aggregate statistical information regarding the results of Coast Guard medical quality assurance programs; (2) authority to withhold any medical quality assurance record from a committee of either House of Congress, any joint committee of Congress, or the Government Accountability Office if the record pertains to any matter within their respective jurisdictions; (3) limiting access to the information in a record created and maintained outside a medical quality assurance program, including a patients medical records, on the grounds that the information was presented during meetings of a review body that are part of a medical quality assurance program. (i) Except as otherwise provided in this section, an individual who willfully discloses a medical quality assurance record knowing that the record is a medical quality assurance record, is liable to the United States Government for a civil penalty of not more than $3,000 in the case of a first offense and not more than $20,000 in the case of a subsequent offense. (Added Pub. L. 102587, title V,  5203(a) Nov. 4, 1992 106 Stat. 5072 Pub. L. 104324, title VII,  746(b) Oct. 19, 1996 110 Stat. 3943 Pub. L. 108271,  8(b) July 7, 2004 118 Stat. 814 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Editorial Notes Amendments 2018 Pub. L. 115282 section 645 of this title 2004Subsec. (h)(2). Pub. L. 108271 1996Subsecs. (d) to (h). Pub. L. 104324  937. Admiralty claims against the United States (a) The Secretary may consider, ascertain, adjust, determine, compromise, or settle, and pay in an amount not more than $425,000, an admiralty claim against the United States for (1) damage caused by a vessel in the Coast Guard service or by other property under the jurisdiction of the Department in which the Coast Guard is operating; (2) compensation for towage and salvage services, including contract salvage, rendered to a vessel in the Coast Guard service or to other property under the jurisdiction of the Department in which the Coast Guard is operating; or (3) damage caused by a maritime tort committed by an agent or employee of the Department in which the Coast Guard is operating or by property under the jurisdiction of that Department. (b) Upon acceptance of payment by the claimant, the settlement or compromise of a claim under this section is final and conclusive notwithstanding any other law. (c) If a claim under this section is settled or compromised for more than $100,000, the Secretary shall certify it to Congress. ( Aug. 4, 1949, ch. 393 63 Stat. 548 Pub. L. 86533,  1(3)(A) June 29, 1960 74 Stat. 245 Pub. L. 92417,  2(a) Aug. 29, 1972 86 Stat. 655 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4649  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  71 ( June 15, 1936, ch. 550 49 Stat. 1514 July 1, 1944, ch. 373 58 Stat. 714 Aug. 13, 1946, ch. 958,  5 60 Stat. 1051 This section closely parallels title 46, U.S.C., 1946 ed.,  797, 798, which authorizes the Secretary of the Navy to negotiate amicable settlement of claims against the United States arising out of the operation of Naval vessels. It grants similar authority to the Secretary of the Treasury in relation to vessels in the Coast Guard service, and the limiting amount is reduced from $1,000,000 to $25,000. It is believed that this section will work to the benefit of the Government by reducing civil litigation and the number of claims which must presently be certified to Congress for appropriations in order to make settlement. It will greatly expedite the settlement of just claims and should result in a considerable overall savings to the Government. 81st Congress, House Report No. 557. Editorial Notes Amendments 2021Subsec. (a). Pub. L. 116283 2018 Pub. L. 115282 section 646 of this title 1972Subsec. (a). Pub. L. 92417 Sept. 8, 1939 Subsec. (b). Pub. L. 92417 Subsec. (c). Pub. L. 92417 1960Subsec. (b). Pub. L. 86533  938. Claims for damage to property of the United States  The Secretary may consider, ascertain, adjust, determine, compromise, or settle claims for damage cognizable in admiralty in a district court of the United States and all claims for damage caused by a vessel or floating object, to property of the United States under the jurisdiction of the Coast Guard or property for which the Coast Guard may have assumed, by contract or otherwise, any obligation to respond for damage thereto. The Secretary is further authorized to receive in payment of any such claim the amount due the United States pursuant to determination, compromise, or settlement as herein authorized and, upon acceptance of such payment but not until then, such determination, settlement, or compromise of such claim shall be final and conclusive for all purposes, any law to the contrary notwithstanding. All such payments shall be deposited in the Treasury of the United States as miscellaneous receipts. The Secretary is further authorized to execute on behalf of the United States and to deliver in exchange for such payment a full release of such claim. This section, as respects the determination, compromise, settlement, and payment of claims, shall be supplementary to, and not in lieu of, all other provisions of law authorizing the determination, compromise, or settlement of claims for damage to property hereinabove described. No settlement or compromise where there is involved a payment in the net amount of over $425,000 is authorized by this section. ( Aug. 4, 1949, ch. 393 63 Stat. 549 Pub. L. 86533,  1(3)(B) June 29, 1960 74 Stat. 245 Pub. L. 94546,  1(34) Oct. 18, 1976 90 Stat. 2521 Pub. L. 98557,  17(b)(3)(A) Oct. 30, 1984 98 Stat. 2868 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4650  Historical and Revision Notes This section closely parallels title 34, U.S.C., 1946 ed.,  600a, 600b, which authorize the Secretary of the Navy to negotiate amicable settlements of affirmative claims of the United States for damage to Government property. Experience gained by the Navy since enactment of title 34, U.S.C., 1946 ed.,  600a600d, indicates that such amicable settlement reacts to the benefit of the Government in many cases. The provisions of this section would complement those of section 646 of this title Editorial Notes Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 647 of this title 1984 Pub. L. 98557 1976 Pub. L. 94546 1960 Pub. L. 86533 Statutory Notes and Related Subsidiaries Effective Date of 1984 Amendment Pub. L. 98557,  17(b)(3)(B) Oct. 30, 1984 98 Stat. 2868 The amendment made by subparagraph (A) of this paragraph [amending this section] shall apply to all claims considered, ascertained, adjusted, determined, compromised or settled on or after the date of enactment of this Act [ Oct. 30, 1984  939. Accounting for industrial work (a)  In General The Secretary may prescribe regulations governing accounting for industrial work, including charges for overhead for civilian labor and for maintenance of industrial plant and equipment, performed at the Coast Guard Yard or such similar Coast Guard industrial establishments as he may designate. Any orders placed for such industrial work shall be covered by a transfer or advance of funds to cover the estimated cost thereof, and shall be credited to such accounts as may be necessary and established by the Secretary to carry out the provisions of this section. Accounts so established shall be available for materials, supplies, or equipment, and civilian labor, including overhead and maintenance, required in performing the work ordered. Upon completion of an order an adjustment will be made to make the amount transferred or advanced equal to the actual cost as computed in accordance with the accounting regulations prescribed by the Secretary or in accordance with subsection (b). (b)  Incentive Contracts. (1) The parties to an order for industrial work to be performed by the Coast Guard Yard or a Coast Guard industrial establishment designated under subsection (a) may enter into an order or a cost-plus-incentive-fee order in accordance with this subsection. (2) If such parties enter into such an order or a cost-plus-incentive-fee order, an agreed-upon amount of any adjustment described in subsection (a) may be distributed as an incentive to the wage-grade industrial employees who complete the order. (3) Before entering into such an order or cost-plus-incentive-fee order such parties must agree that the wage-grade employees of the Coast Guard Yard or Coast Guard industrial establishment will take action to improve the delivery schedule or technical performance agreed to in the order for industrial work to which such parties initially agreed. (4) Notwithstanding any other provision of law, if the industrial workforce of the Coast Guard Yard or Coast Guard industrial establishment satisfies the performance target established in such an order or cost-plus-incentive-fee order (A) the adjustment to be made pursuant to subsection (a) shall be reduced by an agreed-upon amount and distributed to such wage-grade industrial employees; and (B) the remainder of the adjustment shall be credited to the appropriation for such order current at that time. ( Aug. 4, 1949, ch. 393 63 Stat. 549 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Historical and Revision Notes This section is intended to eliminate a very cumbersome and inefficient method of accounting for industrial jobs at the Coast Guard Yard and other shore establishments where industrial work may be undertaken. Under existing law several accounts must be kept current for each job in progress. Under this statute the working fund would be available for all types of expenditures in connection with a job and the breakdown into separate accounts could be done after the job is complete. The other armed forces have provisions of law which permit a working fund similar to the one provided by this section. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282,  307 Pub. L. 115282,  107(b) section 648 of this title  940. Supplies and equipment from stock  Supplies and equipment for special work of the Coast Guard may be furnished from general stock and the applicable appropriation reimbursed therefor from the respective appropriations for such special work. ( Aug. 4, 1949, ch. 393 63 Stat. 550 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Historical and Revision Notes Based on title 33, U.S.C., 1934 ed.,  726 ( Mar. 4, 1913, ch. 168 37 Stat. 1018 Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 649 of this title  941. Coast Guard Supply Fund (a) A Coast Guard Supply Fund is authorized. The Secretary may prescribe regulations for designating the classification of materials to be stocked. In these regulations, whenever the fund is extended to include items not previously stocked, or spare parts obtained as part of a procurement under a different account of major items such as vessels or aircraft, whether or not such parts were previously stocked, the Secretary may authorize an increase in the existing capital of the fund by the value of such usable materials transferred thereto from Coast Guard inventories carried in other accounts. Except for the materials so transferred, the fund shall be charged with the cost of materials purchased or otherwise acquired. The fund shall be credited with the value of materials consumed, issued for use, sold, or otherwise disposed of, such values to be determined on a basis that will approximately cover the cost thereof. (b) Obligations may, without regard to fiscal year limitations, be incurred against anticipated reimbursement to the Coast Guard Supply Fund in such amount and for such period, as the Secretary, with approval of the Director of the Office of Management and Budget, may determine to be necessary to maintain stock levels consistently with planned operations for the next year. ( Aug. 4, 1949, ch. 393 63 Stat. 550 Aug. 7, 1956, ch. 1023,  1(a) 70 Stat. 1077 Pub. L. 91278,  1(13) June 12, 1970 84 Stat. 306 Pub. L. 94546,  1(35) Oct. 18, 1976 90 Stat. 2521 Pub. L. 96376,  5 Oct. 3, 1980 94 Stat. 1509 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Historical and Revision Notes A Coast Guard supply fund was established by the Naval Appropriation Act for fiscal year 1943 approved February 7, 1942 56 Stat. 73 Editorial Notes Amendments 2018 Pub. L. 115282 section 650 of this title 1980Subsec. (a). Pub. L. 96376 1976Subsec. (b). Pub. L. 94546 1970 Pub. L. 91278 1956Act Aug. 7, 1956 July 1, 1949  942. Public and commercial vessels and other watercraft; sale of fuel, supplies, and services The Secretary under such regulations as he may prescribe, may sell to public and commercial vessels and other watercraft, such fuel, supplies and furnish such services as may be required to meet the necessities of the vessel or watercraft if such vessel or watercraft is unable (1) to procure the fuel, supplies, or services from other sources at its present location; and (2) to proceed to the nearest port where they may be obtained without endangering the safety of the ship, the health and comfort of its personnel, or the safe condition of the property carried aboard. Sales under this section shall be at such prices as the Secretary considers reasonable. Payment will be made on a cash basis or on such other basis as will reasonably assure prompt payment. Amounts received from such a sale shall, unless otherwise directed by another provision of law, be credited to the current appropriation concerned and are available for the same purposes as that appropriation. (Added Pub. L. 86159,  1 Aug. 14, 1959 73 Stat. 357 Pub. L. 89444,  1(22) June 9, 1966 80 Stat. 197 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Editorial Notes Amendments 2018 Pub. L. 115282 section 654 of this title 1966 Pub. L. 89444  943. Arms and ammunition; immunity from taxation  No tax on the sale or transfer of firearms, pistols, revolvers, shells, or cartridges may be imposed on such articles when bought with funds appropriated for the Coast Guard. (Added Pub. L. 87526,  1(6) July 10, 1962 76 Stat. 142 Pub. L. 94546,  1(37) Oct. 18, 1976 90 Stat. 2522 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Editorial Notes Amendments 2018 Pub. L. 115282 section 655 of this title 1976 Pub. L. 94546  944. Confidential investigative expenses  Not more than $250,000 each fiscal year appropriated for the operations and support of the Coast Guard shall be available for investigative expenses of a confidential character, to be expended on the approval or authority of the Commandant and payment to be made on the Commandants certificate of necessity for confidential purposes, and the Commandants determination shall be final and conclusive upon the accounting officers of the Government. (Added Pub. L. 93283,  1(10) May 14, 1974 88 Stat. 140 Pub. L. 108293, title II,  221 Aug. 9, 2004 118 Stat. 1040 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4760  Editorial Notes Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282,  308 Pub. L. 115282,  107(b) section 658 of this title 2004 Pub. L. 108293  945. Assistance to film producers (a) Notwithstanding any other provision of law, when the Secretary determines that it is appropriate, and that it will not interfere with Coast Guard missions, the Secretary may conduct operations with Coast Guard vessels, aircraft, facilities, or personnel, in such a way as to give assistance to film producers. As used in this section, film producers includes commercial or noncommercial producers of material for cinema, television, or videotape. (b) The Secretary shall keep account of costs incurred as a result of providing assistance to film producers, not including costs which would otherwise be incurred in Coast Guard operations or training, or shall estimate such costs in advance, and such costs shall be paid to the Secretary by the film producers who request such assistance, on terms determined by the Secretary. The Secretary may waive costs not exceeding $200 for one production, and may waive other costs related to noncommercial productions which the Secretary determines to be in the public interest. The Secretary shall reimburse the amounts collected under this section to the Coast Guard appropriation account under which the costs were incurred. (Added Pub. L. 100448,  29(a) Sept. 28, 1988 102 Stat. 1849 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Editorial Notes Amendments 2018 Pub. L. 115282 section 659 of this title  946. User fees (a) A fee or charge for a service or thing of value provided by the Coast Guard shall be prescribed as provided in section 9701 of title 31 (b) Amounts collected by the Secretary for a service or thing of value provided by the Coast Guard shall be deposited in the general fund of the Treasury as proprietary receipts of the department in which the Coast Guard is operating and ascribed to Coast Guard activities. (c) In addition to the collection of fees and charges established under this section, the Secretary may recover from the person liable for the fee or charge the costs of collecting delinquent payments of the fee or charge, and enforcement costs associated with delinquent payments of the fees and charges. (d) (1) The Secretary may employ any Federal, State, or local agency or instrumentality, or any private enterprise or business, to collect a fee or charge established under this section. (2) A private enterprise or business employed by the Secretary to collect fees or charges (A) shall be subject to reasonable terms and conditions agreed to by the Secretary and the enterprise or business; (B) shall provide appropriate accounting to the Secretary; and (C) may not institute litigation as part of that collection. (e) (1) In addition to the collection of fees and charges established under this section, in the provision of a service or thing of value by the Coast Guard the Secretary may accept in-kind transportation, travel, and subsistence. (2) The value of in-kind transportation, travel, and subsistence accepted under this paragraph may not exceed applicable per diem rates set forth in regulations prescribed under section 464 of title 37 (f) The Secretary shall account for the agencys costs of collecting a fee or charge as a reimbursable expense, subject to the availability of appropriations, and the costs shall be credited to the account from which expended. (g) Before January 1 of each year, the Secretary shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that includes (1) a verification of each activity for which a fee or charge is collected under any law stating (A) the amount collected in the prior fiscal year; and (B) that the amount spent on that activity in that fiscal year is not less than the amount collected; and (2) the amount expected to be collected under any law in the current fiscal year for each activity for which a fee or charge is expected to be collected. (h) In this section the term costs of collecting a fee or charge includes the reasonable administrative, accounting, personnel, contract, equipment, supply, training, and travel expenses of calculating, assessing, collecting, enforcing, reviewing, adjusting, and reporting on a fee or charge. (Added Pub. L. 99509, title V,  5102(a)(3) Oct. 21, 1986 100 Stat. 1926 Pub. L. 101225, title II,  211 Dec. 12, 1989 103 Stat. 1914 Pub. L. 107295, title IV,  408(a)(3) Nov. 25, 2002 116 Stat. 2117 Pub. L. 108293, title II,  206 Aug. 9, 2004 118 Stat. 1033 Pub. L. 113281, title III,  311(b) Dec. 18, 2014 128 Stat. 3048 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Editorial Notes Amendments 2018 Pub. L. 115282 section 664 of this title 2014Subsecs. (e) to (h). Pub. L. 113281 2004Subsecs. (c) to (g). Pub. L. 108293 2002Subsec. (c). Pub. L. 107295 1989Subsec. (c). Pub. L. 101225 Statutory Notes and Related Subsidiaries Towing Safety Management System Fees Pub. L. 115282, title VIII,  815 Dec. 4, 2018 132 Stat. 4305  (a)  Review The Commandant of the Coast Guard shall (1) review and compare the costs to the Government of (A) towing vessel inspections performed by the Coast Guard; and (B) such inspections performed by a third party; and (2) based on such review and comparison, determine whether the costs to the Government of such inspections performed by a third party are different than the costs to the Government of such inspections performed by the Coast Guard. (b)  Revision of Fees If the Commandant determines under subsection (a) that the costs to the Government of such inspections performed by a third party are different than the costs to the Government of such inspections performed by the Coast Guard, then the Commandant shall revise the fee assessed by the Coast Guard for such inspections as necessary to conform to the requirements under section 9701 of title 31 Limitation Pub. L. 113281, title III,  311(c) Dec. 18, 2014 128 Stat. 3048  The Secretary of the Department in which the Coast Guard is operating may not accept in-kind transportation, travel, or subsistence under section 664(e) [now 946(e)] of title 14, United States Code, or section 2110(d)(4) of title 46 (1) amends the Standards of Ethical Conduct for members and employees of the Coast Guard to include regulations governing the acceptance of in-kind reimbursements; and (2) notifies the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the amendments made under paragraph (1).  947. Vessel construction bonding requirements The Secretary or the Commandant may require bid, payment, performance, payment and performance, or completion bonds or other financial instruments from contractors for construction, alteration, repair, or maintenance of Coast Guard vessels if (1) the bond is required by law; or (2) the Secretary or Commandant determines after investigation that the amount of the bond in excess of 20 percent of the value of the base contract quantity excluding options, would not prevent a responsible bidder or offeror from competing for award of the contract. (Added Pub. L. 101595, title III,  306(a) Nov. 16, 1990 104 Stat. 2985 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Editorial Notes Amendments 2018 Pub. L. 115282 section 667 of this title  948. Contracts for medical care for retirees, dependents, and survivors: alternative delivery of health care (a) The Secretary may contract for the delivery of health care to which covered beneficiaries are entitled under chapter 55 of title 10. The Secretary may enter into a contract under this section with any of the following: (1) Health maintenance organizations. (2) Preferred provider organizations. (3) Individual providers, individual medical facilities, or insurers. (4) Consortiums of these providers, facilities, or insurers. (b) A contract entered into under this section may provide for the delivery of (1) selected health care services; (2) total health care services for selected covered beneficiaries; or (3) total health care services for all covered beneficiaries who reside in a geographic area designated by the Secretary. (c) The Secretary may prescribe a premium, deductible, copayment, or other change for health care provided under this section. (Added Pub. L. 101595, title III,  319(a) Nov. 16, 1990 104 Stat. 2989 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Editorial Notes Amendments 2018 Pub. L. 115282 section 668 of this title  949. Telephone installation and charges  Under regulations prescribed by the Secretary, amounts appropriated to the Department of Homeland Security are available to install, repair, and maintain telephone wiring in residences owned or leased by the United States Government and, if necessary for national defense purposes in other private residences. (Added Pub. L. 102587, title V,  5204(a) Nov. 4, 1992 106 Stat. 5074 Pub. L. 107296, title XVII,  1704(a) Nov. 25, 2002 116 Stat. 2314 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Editorial Notes Amendments 2018 Pub. L. 115282 section 669 of this title 2002 Pub. L. 107296 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10  950. Designation, powers, and accountability of deputy disbursing officials (a) (1) Subject to paragraph (3), a disbursing official of the Coast Guard may designate a deputy disbursing official (A) to make payments as the agent of the disbursing official; (B) to sign checks drawn on disbursing accounts of the Secretary of the Treasury; and (C) to carry out other duties required under law. (2) The penalties for misconduct that apply to a disbursing official apply to a deputy disbursing official designated under this subsection. (3) A disbursing official may make a designation under paragraph (1) only with the approval of the Secretary. (b) (1) If a disbursing official of the Coast Guard dies, becomes disabled, or is separated from office, a deputy disbursing official may continue the accounts and payments in the name of the former disbursing official until the last day of the second month after the month in which the death, disability, or separation occurs. The accounts and payments shall be allowed, audited, and settled as provided by law. The Secretary of the Treasury shall honor checks signed in the name of the former disbursing official in the same way as if the former disbursing official had continued in office. (2) The deputy disbursing official, and not the former disbursing official or the estate of the former disbursing official, is liable for the actions of the deputy disbursing official under this subsection. (c) (1) Except as provided in paragraph (2), this section does not apply to the Coast Guard when section 2773 of title 10 (2) A designation of a deputy disbursing official under subsection (a) that is made while the Coast Guard is not operating as a service in the Navy continues in effect for purposes of section 2773 of title 10 (Added Pub. L. 104201, div. A, title X,  1009(a)(2)(A) Sept. 23, 1996 110 Stat. 2634 Pub. L. 107296, title XVII,  1704(a) Nov. 25, 2002 116 Stat. 2314 Pub. L. 112213, title II,  217(11) Dec. 20, 2012 126 Stat. 1558 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Editorial Notes Amendments 2018 Pub. L. 115282 section 673 of this title 2012Subsec. (a)(3). Pub. L. 112213 2002Subsec. (a)(3). Pub. L. 107296 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10  951. Aircraft accident investigations (a)  In General Whenever the Commandant conducts an accident investigation of an accident involving an aircraft under the jurisdiction of the Commandant, the records and report of the investigation shall be treated in accordance with this section. (b)  Public Disclosure of Certain Accident Investigation Information. (1)  In general Subject to paragraph (2), the Commandant, upon request, shall publicly disclose unclassified tapes, scientific reports, and other factual information pertinent to an aircraft accident investigation. (2)  Conditions The Commandant shall only disclose information requested pursuant to paragraph (1) if the Commandant determines (A) that such tapes, reports, or other information would be included within and releasable with the final accident investigation report; and (B) that release of such tapes, reports, or other information (i) would not undermine the ability of accident or safety investigators to continue to conduct the investigation; and (ii) would not compromise national security. (3)  Restriction A disclosure under paragraph (1) may not be made by or through officials with responsibility for, or who are conducting, a safety investigation with respect to the accident. (c)  Opinions Regarding Causation of Accident Following an aircraft accident referred to in subsection (a) (1) if the evidence surrounding the accident is sufficient for the investigators who conduct the accident investigation to come to an opinion as to the cause or causes of the accident, the final report of the accident investigation shall set forth the opinion of the investigators as to the cause or causes of the accident; and (2) if the evidence surrounding the accident is not sufficient for the investigators to come to an opinion as to the cause or causes of the accident, the final report of the accident investigation shall include a description of those factors, if any, that, in the opinion of the investigators, substantially contributed to or caused the accident. (d)  Use of Information in Civil or Criminal Proceedings For purposes of any civil or criminal proceeding arising from an aircraft accident referred to in subsection (a), any opinion of the accident investigators as to the cause of, or the factors contributing to, the accident set forth in the accident investigation report may not be considered as evidence in such proceeding, nor may such report be considered an admission of liability by the United States or by any person referred to in such report. (e)  Definitions For purposes of this section (1) the term accident investigation means any form of investigation by Coast Guard personnel of an aircraft accident referred to in subsection (a), other than a safety investigation; and (2) the term safety investigation means an investigation by Coast Guard personnel of an aircraft accident referred to in subsection (a) that is conducted solely to determine the cause of the accident and to obtain information that may prevent the occurrence of similar accidents. (Added Pub. L. 112213, title II,  214(a) Dec. 20, 2012 126 Stat. 1553 Pub. L. 115232, div. C, title XXXV,  3531(c)(5) Aug. 13, 2018 132 Stat. 2320 Pub. L. 115282, title I,  107(b) Dec. 4, 2018 132 Stat. 4205  Editorial Notes Amendments 2018 Pub. L. 115282 section 678 of this title Subsec. (a). Pub. L. 115232  952. Construction of Coast Guard vessels and assignment of vessel projects  The assignment of Coast Guard vessel conversion, alteration, and repair projects shall be based on economic and military considerations and may not be restricted by a requirement that certain parts of Coast Guard shipwork be assigned to a particular type of shipyard or geographical area or by a similar requirement. (Added Pub. L. 115282, title III,  310(a) Dec. 4, 2018 132 Stat. 4248  953. Support for Coast Guard Academy (a)  Authority. (1)  Contracts and cooperative agreements. (A)  In general The Commandant may enter contract and cooperative agreements with 1 or more qualified organizations for the purpose of supporting the athletic programs of the Coast Guard Academy. (B)  Authority Notwithstanding section 3201(e) of title 10 section 3204(a) of title 10 (C)  Acquisitions Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the Coast Guard Academy. (2)  Financial controls. (A)  In general Before entering into a contract or cooperative agreement under paragraph (1), the Commandant shall ensure that the contract or agreement includes appropriate financial controls to account for the resources of the Coast Guard Academy and the qualified organization concerned in accordance with accepted accounting principles. (B)  Contents Any such contract or cooperative agreement shall contain a provision that allows the Commandant to review, as the Commandant considers necessary, the financial accounts of the qualified organization to determine whether the operations of the qualified organization (i) are consistent with the terms of the contract or cooperative agreement; and (ii) would compromise the integrity or appearance of integrity of any program of the Department of Homeland Security. (3)  Leases For the purpose of supporting the athletic programs of the Coast Guard Academy, the Commandant may, consistent with section 504(a)(13), rent or lease real property located at the Coast Guard Academy to a qualified organization, except that proceeds from such a lease shall be retained and expended in accordance with subsection (f). (b)  Support Services. (1)  Authority To the extent required by a contract or cooperative agreement under subsection (a), the Commandant may provide support services to a qualified organization while the qualified organization conducts support activities at the Coast Guard Academy only if the Commandant determines that the provision of such services is essential for the support of the athletic programs of the Coast Guard Academy. (2)  No liability of the united states Support services may only be provided without any liability of the United States to a qualified organization. (3)  Support services defined In this subsection, the term support services includes utilities, office furnishings and equipment, communications services, records staging and archiving, audio and video support, and security systems, in conjunction with the leasing or licensing of property. (c)  Transfers From Nonappropriated Fund Operation. (1)  In general Except as provided in paragraph (2), the Commandant may, subject to the acceptance of the qualified organization concerned, transfer to the qualified organization all title to and ownership of the assets and liabilities of the Coast Guard nonappropriated fund instrumentality, the function of which includes providing support for the athletic programs of the Coast Guard Academy, including bank accounts and financial reserves in the accounts of such fund instrumentality, equipment, supplies, and other personal property. (2)  Limitation The Commandant may not transfer under paragraph (1) any interest in real property. (d)  Acceptance of Support From Qualified Organization. (1)  In general Notwithstanding section 1342 of title 31 (2)  Employees of qualified organization For purposes of this section, employees or personnel of the qualified organization may not be considered to be employees of the United States. (3)  Funds received from ncaa The Commandant may accept funds from the National Collegiate Athletic Association to support the athletic programs of the Coast Guard Academy. (4)  Limitation The Commandant shall ensure that contributions under this subsection and expenditure of funds pursuant to subsection (f) do not (A) reflect unfavorably on the ability of the Coast Guard, any employee of the Coast Guard, or any member of the armed forces (as such term is defined in section 101(a) of title 10 (B) compromise the integrity or appearance of integrity of any program of the Coast Guard, or any individual involved in such a program. (e)  Trademarks and Service Marks. (1)  Licensing, marketing, and sponsorship agreements An agreement under subsection (a) may, consistent with section 2260 of title 10 (2)  Limitations A licensing, marketing, or sponsorship agreement may not be entered into under paragraph (1) if (A) such agreement would reflect unfavorably on the ability of the Coast Guard, any employee of the Coast Guard, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner; or (B) the Commandant determines that the use of the trademark or service mark would compromise the integrity or appearance of integrity of any program of the Coast Guard or any individual involved in such a program. (f)  Retention and Use of Funds Funds received by the Commandant under this section may be retained for use to support the athletic programs of the Coast Guard Academy and shall remain available until expended. (g)  Conditions The authority provided in this section with respect to a qualified organization is available only so long as the qualified organization continues (1) to operate in accordance with this section, the law of the State of Connecticut, and the constitution and bylaws of the qualified organization; and (2) to operate exclusively to support the athletic programs of the Coast Guard Academy. (h)  Qualified Organization Defined In this section, the term qualified organization means an organization (1) that operates as an organization under subsection (c)(3) of section 501 of the Internal Revenue Code of 1986 and exempt from taxation under subsection (a) of that section; (2) for which authorization under sections 1033(a) and 1589(a) of title 10 may be provided; and (3) established by the Coast Guard Academy Alumni Association solely for the purpose of supporting Coast Guard athletics. (Added Pub. L. 117263, div. K, title CXII,  11250(a) Dec. 23, 2022 136 Stat. 4049  Editorial Notes  References in Text Subsection (c)(3) of section 501 of the Internal Revenue Code of 1986, referred to in subsec. (h)(1), is classified to section 501(c)(3) of Title 26  954. Mixed-funded athletic and recreational extracurricular programs (a)  Authority In the case of a Coast Guard Academy mixed-funded athletic or recreational extracurricular program, the Commandant may designate funds appropriated to the Coast Guard and available for that program to be treated as nonappropriated funds and expended for that program in accordance with laws applicable to the expenditure of nonappropriated funds. Appropriated funds so designated shall be considered to be nonappropriated funds for all purposes and shall remain available until expended. (b)  Covered Programs In this section, the term Coast Guard Academy mixed-funded athletic or recreational extracurricular program means an athletic or recreational extracurricular program of the Coast Guard Academy to which each of the following applies: (1) The program is not considered a morale, welfare, or recreation program. (2) The program is supported through appropriated funds. (3) The program is supported by a nonappropriated fund instrumentality. (4) The program is not a private organization and is not operated by a private organization. (Added Pub. L. 117263, div. K, title CXII,  11250(a) Dec. 23, 2022 136 Stat. 4051 CHAPTER 11 ACQUISITIONS    SUBCHAPTER IGENERAL PROVISIONS  Sec.  1101. Acquisition directorate.  1102. Improvements in Coast Guard acquisition management.  1103. Role of Vice Commandant in major acquisition programs.  1104. Recognition of Coast Guard personnel for excellence in acquisition.  1105. Prohibition on use of lead systems integrators.  1106. Required contract terms.  1107. Extension of major acquisition program contracts.  1108. Department of Defense consultation.  1109. Undefinitized contractual actions.  1110. Elevation of disputes to the Chief Acquisition Officer.  1111. Acquisition workforce authorities.  SUBCHAPTER IIIMPROVED ACQUISITION PROCESS AND PROCEDURES  1131. Identification of major system acquisitions.  1132. Acquisition.  1133. Preliminary development and demonstration.  1134. Acquisition, production, deployment, and support.  1135. Acquisition program baseline breach.  1136. Acquisition approval authority.  1137. Contracting for major acquisitions programs.  SUBCHAPTER IIIPROCUREMENT  1151. Restriction on construction of vessels in foreign shipyards.  1152. Advance procurement funding.  1153. Prohibition on overhaul, repair, and maintenance of Coast Guard vessels in foreign shipyards.  1154. Procurement of buoy chain.  1155. Contract termination.  1156. Limitation on unmanned aircraft systems.  1157. Extraordinary relief.  1158. Authority to enter into transactions other than contracts and grants to procure cost-effective, advanced technology for mission-critical needs.  SUBCHAPTER IVDEFINITIONS  1171. Definitions.  Editorial Notes Prior Provisions A prior analysis for chapter 11 PERSONNEL consisted of items 211 Original appointment of permanent commissioned officers, 214 Appointment of temporary officers, 215 Rank of warrant officers, 251 Selection boards; convening of boards, 252 Selection boards; composition of boards, 253 Selection boards; notice of convening; communication with board, 254 Selection boards; oath of members, 255 Number of officers to be selected for promotion, 256 Promotion zones, 256a Promotion year; defined, 257 Eligibility of officers for consideration for promotion, 258 Selection boards; information to be furnished boards, 259 Officers to be recommended for promotion, 260 Selection boards; reports, 261 Selection boards; submission of reports, 262 Failure of selection for promotion, 263 Special selection boards; correction of errors, 271 Promotions; appointments, 272 Removal of officer from list of selectees for promotion, 273 Promotions; acceptance; oath of office, 274 Promotions; pay and allowances, 275 Wartime temporary service promotions, 276 Promotion of officers not included on active duty promotion list, 281 Revocation of commissions during first five years of commissioned service, 282 Regular lieutenants (junior grade); separation for failure of selection for promotion, 283 Regular lieutenants; separation for failure of selection for promotion; continuation, 284 Regular Coast Guard; officers serving under temporary appointments, 285 Regular lieutenant commanders and commanders; retirement for failure of selection for promotion, 286 Discharge in lieu of retirement; separation pay, 286a Regular warrant officers: separation pay, 287 Separation for failure of selection for promotion or continuation; time of, 288 Regular captains; retirement, 289 Captains; continuation on active duty; involuntary retirement, 290 Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retirement, 291 Voluntary retirement after twenty years service, 292 Voluntary retirement after thirty years service, 293 Compulsory retirement, 294 Retirement for physical disability after selection for promotion; grade in which retired, 295 Deferment of retirement or separation for medical reasons, 296 Flag officers, 321 Review of records of officers, 322 Boards of inquiry, 323 Boards of review, 324 Composition of boards, 325 Rights and procedures, 326 Removal of officer from active duty; action by Secretary, 327 Officers considered for removal; retirement or discharge; separation benefits, 331 Recall to active duty during war or national emergency, 332 Recall to active duty with consent of officer, 333 Relief of retired officer promoted while on active duty, 334 Grade on retirement, 335 Physical fitness of officers, 336 United States Coast Guard Band; composition; director, 350 Recruiting campaigns, 351 Enlistments; term, grade, 352 Promotion, 353 Compulsory retirement at age of sixty-two, 354 Voluntary retirement after thirty years service, 355 Voluntary retirement after twenty years service, 357 Retirement of enlisted members: increase in retired pay, 359 Recall to active duty during war or national emergency, 360 Recall to active duty with consent of member, 361 Relief of retired enlisted member promoted while on active duty, 362 Retirement in cases where higher grade or rating has been held, 365 Extension of enlistments, 366 Retention beyond term of enlistment in case of disability, 367 Detention beyond term of enlistment, 369 Inclusion of certain conditions in enlistment contract, 370 Discharge within three months before expiration of enlistment, 371 Aviation cadets; procurement; transfer, 372 Aviation cadets; benefits, 373 Aviation cadets; appointment as Reserve officers, 374 Critical skill training bonus, 421 Retirement, 422 Status of recalled personnel, 423 Computation of retired pay, 424 Limitations on retirement and retired pay, 424a Suspension of payment of retired pay of members who are absent from the United States to avoid prosecution, 425 Board for Correction of Military Records deadline, 426 Emergency leave retention authority, 427 Prohibition of certain involuntary administrative separations, 428 Sea service letters, 429 Multirater assessment of certain personnel, 430 Investigations of flag officers and Senior Executive Service employees, 431 Leave policies for the Coast Guard, and 432 Personnel of former Lighthouse Service, prior to repeal by Pub. L. 115282, title I,  108(a) Dec. 4, 2018 132 Stat. 4207 Amendments 2022 Pub. L. 117263, div. K, title CXI,  11205(b) Dec. 23, 2022 136 Stat. 4010 2021 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4656 2018 Pub. L. 115282, title I,  108(a) Dec. 4, 2018 132 Stat. 4208 SUBCHAPTER I GENERAL PROVISIONS  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  108(c)(2) Dec. 4, 2018 132 Stat. 4210  1101. Acquisition directorate (a)  Establishment The Commandant shall establish an acquisition directorate to provide guidance and oversight for the implementation and management of all Coast Guard acquisition processes, programs, and projects. (b)  Mission The mission of the acquisition directorate is (1) to acquire and deliver assets and systems that increase operational readiness, enhance mission performance, and create a safe working environment; (2) to assist in the development of a workforce that is trained and qualified to further the Coast Guards missions and deliver the best-value products and services to the Nation; and (3) to meet the needs of customers of major acquisition programs in the most cost-effective manner practicable. (Added Pub. L. 111281, title IV,  402(a) Oct. 15, 2010 124 Stat. 2931 Pub. L. 114328, div. A, title VIII,  899(b)(1)(A) Dec. 23, 2016 130 Stat. 2333 Pub. L. 115232, div. C, title XXXV,  3531(c)(6) Aug. 13, 2018 132 Stat. 2320 Pub. L. 115282, title I,  108(b) Dec. 4, 2018 132 Stat. 4208  Editorial Notes Amendments 2018 Pub. L. 115282 section 561 of this title Subsec. (a). Pub. L. 115232 2016Subsec. (b)(3). Pub. L. 114328 Statutory Notes and Related Subsidiaries Review Required Pub. L. 114328, div. A, title VIII,  899(c) Dec. 23, 2016 130 Stat. 2335  (1)  Requirement The Commandant of the Coast Guard shall conduct a review of (A) the authorities provided to the Commandant in [former] chapter 15 of title 14, United States Code [see, now, chapter 11, 14 U.S.C. 1101 (B) implementation of the strategy prepared in accordance with section 562(b)(2) [now 1102(b)(2)] of title 14, United States Code, as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2017 [ Pub. L. 114328 (C) acquisition policies, directives, and regulations of the Coast Guard to ensure such policies, directives, and regulations establish a customer-oriented acquisition system. (2)  Report Not later than March 1, 2017 (A) The recommendations developed by the Commandant under paragraph (1) and other results of the review conducted under such paragraph. (B) The actions the Commandant is taking, if any, within the Commandants existing authority to implement such recommendations. (3)  Modification of policies, directives, and regulations Not later than one year after the date of the enactment of this Act [ Dec. 23, 2016  1102. Improvements in Coast Guard acquisition management (a)  Project or Program Managers. (1)  Level 1 projects An individual may not be assigned as the project or program manager for a Level 1 acquisition unless the individual holds a Level III acquisition certification as a program manager. (2)  Level 2 projects An individual may not be assigned as the project or program manager for a Level 2 acquisition unless the individual holds a Level II acquisition certification as a program manager. (b)  Acquisition Workforce. (1)  In general The Commandant shall designate a sufficient number of positions to be in the Coast Guards acquisition workforce to perform acquisition-related functions at Coast Guard headquarters and field activities. (2)  Required positions In designating positions under subsection (a), the Commandant shall include, at a minimum, positions encompassing the following competencies and functions: (A) Program management. (B) Systems planning, research, development, engineering, and testing. (C) Procurement, including contracting. (D) Industrial and contract property management. (E) Life-cycle logistics. (F) Quality control and assurance. (G) Manufacturing and production. (H) Business, cost estimating, financial management, and auditing. (I) Acquisition education, training, and career development. (J) Construction and facilities engineering. (K) Testing and evaluation. (3)  Acquisition management headquarter activities The Commandant shall also designate as positions in the acquisition workforce under paragraph (1) those acquisition-related positions located at Coast Guard headquarters units. (4)  Appropriate expertise required The Commandant shall ensure that each individual assigned to a position in the acquisition workforce has the appropriate expertise to carry out the responsibilities of that position. (c)  Management Information System. (1)  In general The Commandant shall establish a management information system capability to improve acquisition workforce management and reporting. (2)  Information maintained Information maintained with such capability shall include the following standardized information on individuals assigned to positions in the workforce: (A) Qualifications, assignment history, and tenure of those individuals assigned to positions in the acquisition workforce or holding acquisition-related certifications. (B) Promotion rates for officers and members of the Coast Guard in the acquisition workforce. (d)  Appointments to Acquisition Positions The Commandant shall ensure that no requirement or preference for officers or members of the Coast Guard is used in the consideration of individuals for positions in the acquisition workforce. (e)  Career Paths. (1)  Identification of career paths To establish acquisition management as a core competency of the Coast Guard, the Commandant shall (A) ensure that career paths for officers, members, and employees of the Coast Guard who wish to pursue careers in acquisition are identified in terms of the education, training, experience, and assignments necessary for career progression of those officers, members, and employees to the most senior positions in the acquisition workforce; and (B) publish information on such career paths. (2)  Promotion parity The Commandant shall ensure that promotion parity is established for officers and members of the Coast Guard who have been assigned to the acquisition workforce relative to officers and members who have not been assigned to the acquisition workforce. (Added Pub. L. 111281, title IV,  402(a) Oct. 15, 2010 124 Stat. 2931 Pub. L. 111330,  1(4) Dec. 22, 2010 124 Stat. 3569 Pub. L. 112213, title II,  210(c)(2)(A) Dec. 20, 2012 126 Stat. 1551 Pub. L. 114328, div. A, title VIII,  899(b)(1)(B) Dec. 23, 2016 130 Stat. 2333 Pub. L. 115282, title I,  108(b) Dec. 4, 2018 132 Stat. 4208 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4748  Editorial Notes  References in Text The date of enactment of the Coast Guard Authorization Act of 2010 and the date of enactment of this section, referred to in subsec. (b)(1), (2)(A), is the date of enactment of Pub. L. 111281 Oct. 15, 2010 Amendments 2021Subsec. (d). Pub. L. 116283 2018 Pub. L. 115282 section 562 of this title 2016Subsecs. (b) to (g). Pub. L. 114328 2012Subsec. (e). Pub. L. 112213 2010 Pub. L. 111330 Pub. L. 111281,  402(a) Statutory Notes and Related Subsidiaries Effective Date of 2010 Amendment Pub. L. 111330,  1 Dec. 22, 2010 124 Stat. 3569 Pub. L. 111281 Acquisition Workforce Expedited Hiring Authority Pub. L. 111281, title IV,  404 Oct. 15, 2010 124 Stat. 2950 Pub. L. 112213, title II,  218 Dec. 20, 2012 126 Stat. 1558 Pub. L. 115282, title VIII,  804 Dec. 4, 2018 132 Stat. 4300 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4656  1103. Role of Vice Commandant in major acquisition programs The Vice Commandant (1) shall represent the customer of a major acquisition program with regard to trade-offs made among cost, schedule, technical feasibility, and performance with respect to such program; and (2) shall advise the Commandant in decisions regarding the balancing of resources against priorities, and associated trade-offs referred to in paragraph (1), on behalf of the customer of a major acquisition program. (Added Pub. L. 114328, div. A, title VIII,  899(b)(1)(E) Dec. 23, 2016 130 Stat. 2334 Pub. L. 115282, title I,  108(b) Dec. 4, 2018 132 Stat. 4208  Editorial Notes Amendments 2018 Pub. L. 115282 section 578 of this title  1104. Recognition of Coast Guard personnel for excellence in acquisition (a)  In General The Commandant shall maintain a program to recognize excellent performance by individuals and teams comprised of officers, members, and employees of the Coast Guard that contributed to the long-term success of a Coast Guard acquisition project or program. (b)  Elements The program shall include (1) specific award categories, criteria, and eligibility and manners of recognition; (2) procedures for the nomination by personnel of the Coast Guard of individuals and teams comprised of officers, members, and employees of the Coast Guard for recognition under the program; and (3) procedures for the evaluation of nominations for recognition under the program by one or more panels of individuals from the Government, academia, and the private sector who have such expertise and are appointed in such manner as the Commandant shall establish for the purposes of this program. (c)  Award of Cash Bonuses As part of the program required by subsection (a), the Commandant, subject to the availability of appropriations, may award to any civilian employee recognized pursuant to the program a cash bonus to the extent that the performance of such individual so recognized warrants the award of such bonus. (Added Pub. L. 111281, title IV,  402(a) Oct. 15, 2010 124 Stat. 2934 Pub. L. 111330,  1(4) Dec. 22, 2010 124 Stat. 3569 Pub. L. 114328, div. A, title VIII,  899(b)(1)(C) Dec. 23, 2016 130 Stat. 2333 Pub. L. 115282, title I,  108(b) Dec. 4, 2018 132 Stat. 4208  Editorial Notes Amendments 2018 Pub. L. 115282 section 563 of this title 2016Subsec. (a). Pub. L. 114328 2010 Pub. L. 111330 Pub. L. 111281,  402(a) Statutory Notes and Related Subsidiaries Effective Date of 2010 Amendment Pub. L. 111330,  1 Dec. 22, 2010 124 Stat. 3569 Pub. L. 111281  1105. Prohibition on use of lead systems integrators (a)  In General. (1)  Use of lead systems integrator The Commandant may not use a private sector entity as a lead systems integrator. (2)  Full and open competition The Commandant shall use full and open competition for any acquisition contract unless otherwise excepted in accordance with Federal acquisition laws and regulations promulgated under those laws, including the Federal Acquisition Regulation. (3)  No effect on small business act Nothing in this subsection shall be construed to supersede or otherwise affect the authorities provided by and under the Small Business Act ( 15 U.S.C. 631 (b)  Limitation on Financial Interest in Subcontractors Neither an entity performing lead systems integrator functions for a Coast Guard acquisition nor a Tier 1 subcontractor for any acquisition may have a financial interest in a subcontractor below the Tier 1 subcontractor level unless (1) the subcontractor was selected by the prime contractor through full and open competition for such procurement; (2) the procurement was awarded by an entity performing lead systems integrator functions or a subcontractor through full and open competition; (3) the procurement was awarded by a subcontractor through a process over which the entity performing lead systems integrator functions or a Tier 1 subcontractor exercised no control; or (4) the Commandant has determined that the procurement was awarded in a manner consistent with Federal acquisition laws and regulations promulgated under those laws, including the Federal Acquisition Regulation. (Added Pub. L. 111281, title IV,  402(a) Oct. 15, 2010 124 Stat. 2935 Pub. L. 111330,  1(4) Dec. 22, 2010 124 Stat. 3569 Pub. L. 112213, title II,  217(7) Dec. 20, 2012 126 Stat. 1557 Pub. L. 114328, div. A, title VIII,  899(b)(1)(D) Dec. 23, 2016 130 Stat. 2333 Pub. L. 115282, title I,  108(b) Dec. 4, 2018 132 Stat. 4208  Editorial Notes  References in Text The Small Business Act, referred to in subsec. (a)(3), is Pub. L. 85536,  2 July 18, 1958 72 Stat. 384 section 631 of Title 15 Amendments 2018 Pub. L. 115282,  108(b) section 564 of this title Subsec. (c). Pub. L. 115282,  304(d) 2016Subsec. (c). Pub. L. 114328 2012 Pub. L. 112213 2010 Pub. L. 111330 Pub. L. 111281,  402(a) Statutory Notes and Related Subsidiaries Effective Date of 2010 Amendment Pub. L. 111330,  1 Dec. 22, 2010 124 Stat. 3569 Pub. L. 111281  1106. Required contract terms (a)  In General The Commandant shall ensure that a contract awarded or a delivery order or task order issued for an acquisition of a capability or an asset with an expected service life of 10 or more years and with a total acquisition cost that is equal to or exceeds $10,000,000 (1) provides that all certifications for an end-state capability or asset under such contract, delivery order, or task order, respectively, will be conducted by the Commandant or an independent third party, and that self-certification by a contractor or subcontractor is not allowed; (2) provides that the Commandant shall maintain the authority to establish, approve, and maintain technical requirements; (3) requires that any measurement of contractor and subcontractor performance be based on the status of all work performed, including the extent to which the work performed met all performance, cost, and schedule requirements; (4) specifies that, for the acquisition or upgrade of air, surface, or shore capabilities and assets for which compliance with TEMPEST certification is a requirement, the standard for determining such compliance will be the air, surface, or shore standard then used by the Department of the Navy for that type of capability or asset; and (5) for any contract awarded to acquire an Offshore Patrol Cutter, includes provisions specifying the service life, fatigue life, and days underway in general Atlantic and North Pacific Sea conditions, maximum range, and maximum speed the cutter will be built to achieve. (b)  Prohibited Provisions. (1)  In general The Commandant shall ensure that any contract awarded or delivery order or task order issued by the Coast Guard does not include any provision allowing for equitable adjustment that is not consistent with the Federal Acquisition Regulations. (2)  Extension of program A contract, contract modification, or award term extending a contract with a lead systems integrator (A) may not include any minimum requirements for the purchase of a given or determinable number of specific capabilities or assets; and (B) shall be reviewed by an independent third party with expertise in acquisition management, and the results of that review shall be submitted to the appropriate congressional committees at least 60 days prior to the award of the contract, contract modification, or award term. (c)  Integrated Product Teams Integrated product teams, and all teams that oversee integrated product teams, shall be chaired by officers, members, or employees of the Coast Guard. (d)  Technical Authority The Commandant shall maintain or designate the technical authority to establish, approve, and maintain technical requirements. Any such designation shall be made in writing and may not be delegated to the authority of the Chief Acquisition Officer established by section 308 of this title (Added Pub. L. 111281, title IV,  402(a) Oct. 15, 2010 124 Stat. 2936 Pub. L. 111330,  1(4) Dec. 22, 2010 124 Stat. 3569 Pub. L. 115232, div. C, title XXXV,  3533(f) Aug. 13, 2018 132 Stat. 2321 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4208  Editorial Notes Amendments 2018 Pub. L. 115282,  108(b) section 565 of this title Subsec. (a). Pub. L. 115232,  3533(f)(1) Subsec. (b)(1). Pub. L. 115232,  3533(f)(2) Subsec. (d). Pub. L. 115282,  123(b)(2) 2010 Pub. L. 111330 Pub. L. 111281,  402(a) Statutory Notes and Related Subsidiaries Effective Date of 2010 Amendment Pub. L. 111330,  1 Dec. 22, 2010 124 Stat. 3569 Pub. L. 111281  1107. Extension of major acquisition program contracts (a)  In General Notwithstanding section 1105(a)(2) of this title 1 1 (b)  Limitation on Number of Additional Units The number of additional units acquired under a contract extension under this section may not exceed the number of additional units for which such determination is made. (c)  Determination of Costs Upon Request The Director of the Cost Analysis Division of the Department of Homeland Security shall, at the request of the Secretary, determine for purposes of this section (1) the costs that would be saved through award of a new major acquisition program contract in accordance with section 1105(a)(2) for the acquisition of a number of additional units specified by the Secretary; and (2) the costs of such award, including the costs that would be incurred due to acquisition schedule delays and asset design changes associated with such award. (d)  Number of Extensions A contract may be extended under this section more than once. (Added Pub. L. 114328, div. A, title VIII,  899(b)(1)(E) Dec. 23, 2016 130 Stat. 2334 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4208  Editorial Notes  References in Text Section 2304 of this title Pub. L. 116283, div. A, title XVIII Jan. 1, 2021 134 Stat. 4151 Jan. 1, 2022 l Pub. L. 116283, div. A, title XVIII,  1811(c)(2) Jan. 1, 2021 134 Stat. 41654170 Amendments 2018 Pub. L. 115282,  108(b) section 579 of this title Subsecs. (a), (c)(1). Pub. L. 115282,  123(b)(2)  1108. Department of Defense consultation (a)  In General The Commandant shall make arrangements as appropriate with the Secretary of Defense for support in contracting and management of Coast Guard acquisition programs. The Commandant shall also seek opportunities to make use of Department of Defense contracts, and contracts of other appropriate agencies, to obtain the best possible price for assets acquired for the Coast Guard. (b)  Interservice Technical Assistance The Commandant shall seek to maintain a memorandum of understanding or a memorandum of agreement with the Secretary of the Navy to obtain the assistance of the Office of the Assistant Secretary of the Navy for Research, Development, and Acquisition, including the Navy Systems Command, with the oversight of Coast Guard major acquisition programs. The memorandum of understanding or memorandum of agreement shall, at a minimum, provide for (1) the exchange of technical assistance and support that the Assistant Commandants for Acquisition, Human Resources, Engineering, and Information technology may identify; (2) the use, as appropriate, of Navy technical expertise; and (3) the temporary assignment or exchange of personnel between the Coast Guard and the Office of the Assistant Secretary of the Navy for Research, Development, and Acquisition, including Naval Systems Command, to facilitate the development of organic capabilities in the Coast Guard. (c)  Technical Requirement Approval Procedures The Chief Acquisition Officer shall adopt, to the extent practicable, procedures modeled after those used by the Navy Senior Acquisition Official to approve all technical requirements. (Added Pub. L. 111281, title IV,  402(a) Oct. 15, 2010 124 Stat. 2937 Pub. L. 111330,  1(4) Dec. 22, 2010 124 Stat. 3569 Pub. L. 115232, div. C, title XXXV,  3534 Aug. 13, 2018 132 Stat. 2322 Pub. L. 115282, title I,  108(b) Dec. 4, 2018 132 Stat. 4208  Editorial Notes Amendments 2018 Pub. L. 115282 section 566 of this title Subsec. (b). Pub. L. 115232,  3534(1) Subsec. (d). Pub. L. 115232,  3534(2) 2010Subsec. (d). Pub. L. 111330 Pub. L. 111281,  402(a) Statutory Notes and Related Subsidiaries Effective Date of 2010 Amendment Pub. L. 111330,  1 Dec. 22, 2010 124 Stat. 3569 Pub. L. 111281  1109. Undefinitized contractual actions (a)  In General The Coast Guard may not enter into an undefinitized contractual action unless such action is directly approved by the Head of Contracting Activity of the Coast Guard. (b)  Requests for Undefinitized Contractual Actions Any request to the Head of Contracting Activity for approval of an undefinitized contractual action shall include a description of the anticipated effect on requirements of the Coast Guard if a delay is incurred for the purposes of determining contractual terms, specifications, and price before performance is begun under the contractual action. (c)  Requirements for Undefinitized Contractual Actions. (1)  Deadline for agreement on terms, specifications, and price A contracting officer of the Coast Guard may not enter into an undefinitized contractual action unless the contractual action provides for agreement upon contractual terms, specification, and price by the earlier of (A) the end of the 180-day period beginning on the date on which the contractor submits a qualifying proposal to definitize the contractual terms, specifications, and price; or (B) the date on which the amount of funds obligated under the contractual action is equal to more than 50 percent of the negotiated overall ceiling price for the contractual action. (2)  Limitation on obligations. (A)  In general Except as provided in subparagraph (B), the contracting officer for an undefinitized contractual action may not obligate under such contractual action an amount that exceeds 50 percent of the negotiated overall ceiling price until the contractual terms, specifications, and price are definitized for such contractual action. (B)  Exception Notwithstanding subparagraph (A), if a contractor submits a qualifying proposal to definitize an undefinitized contractual action before an amount that exceeds 50 percent of the negotiated overall ceiling price is obligated on such action, the contracting officer for such action may not obligate with respect to such contractual action an amount that exceeds 75 percent of the negotiated overall ceiling price until the contractual terms, specifications, and price are definitized for such contractual action. (3)  Waiver The Commandant may waive the application of this subsection with respect to a contract if the Commandant determines that the waiver is necessary to support (A) a contingency operation (as that term is defined in section 101(a)(13) of title 10 (B) operations to prevent or respond to a transportation security incident (as defined in section 70101(6) 1 1 (C) an operation in response to an emergency that poses an unacceptable threat to human health or safety or to the marine environment; or (D) an operation in response to a natural disaster or major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 (4)  Limitation on application This subsection does not apply to an undefinitized contractual action for the purchase of initial spares. (d)  Inclusion of Nonurgent Requirements Requirements for spare parts and support equipment that are not needed on an urgent basis may not be included in an undefinitized contractual action by the Coast Guard for spare parts and support equipment that are needed on an urgent basis unless the Commandant approves such inclusion as being (1) good business practice; and (2) in the best interests of the United States. (e)  Modification of Scope The scope of an undefinitized contractual action under which performance has begun may not be modified unless the Commandant approves such modification as being (1) good business practice; and (2) in the best interests of the United States. (f)  Allowable Profit The Commandant shall ensure that the profit allowed on an undefinitized contractual action for which the final price is negotiated after a substantial portion of the performance required is completed reflects (1) the possible reduced cost risk of the contractor with respect to costs incurred during performance of the contract before the final price is negotiated; and (2) the reduced cost risk of the contractor with respect to costs incurred during performance of the remaining portion of the contract. (g)  Definitions In this section: (1)  Undefinitized contractual action. (A)  In general Except as provided in subparagraph (B), the term undefinitized contractual action means a new procurement action entered into by the Coast Guard for which the contractual terms, specifications, or price are not agreed upon before performance is begun under the action. (B)  Exclusion The term undefinitized contractual action does not include contractual actions with respect to (i) foreign military sales; (ii) purchases in an amount not in excess of the amount of the simplified acquisition threshold; or (iii) special access programs. (2)  Qualifying proposal The term qualifying proposal means a proposal that contains sufficient information to enable complete and meaningful audits of the information contained in the proposal as determined by the contracting officer. (Added Pub. L. 111281, title IV,  402(a) Oct. 15, 2010 124 Stat. 2938 Pub. L. 115282, title I,  108(b) Dec. 4, 2018 132 Stat. 4208  Editorial Notes  References in Text Section 70101(6) of title 46 section 70101(7) of title 46 Pub. L. 115254, div. J,  1805(b)(1) Oct. 5, 2018 132 Stat. 3534 The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (c)(3)(D), is Pub. L. 93288 May 22, 1974 88 Stat. 143 section 5121 of Title 42 Amendments 2018 Pub. L. 115282 section 567 of this title  1110. Elevation of disputes to the Chief Acquisition Officer  If, after 90 days following the elevation to the Chief Acquisition Officer of any design or other dispute regarding level 1 or level 2 acquisition, the dispute remains unresolved, the Commandant shall provide to the appropriate congressional committees a detailed description of the issue and the rationale underlying the decision taken by the Chief Acquisition Officer to resolve the issue. (Added Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4745  Editorial Notes Prior Provisions A prior section 1110 was renumbered section 5110 of this title  1111. Acquisition workforce authorities (a)  Expedited Hiring Authority. (1)  In general For the purposes of section 3304 of title 5 (A) designate any category of acquisition positions within the Coast Guard as shortage category positions; and (B) use the authorities in such section to recruit and appoint highly qualified persons directly to positions so designated. (2)  Reports The Commandant shall include in reports under section 1102 information described in such section regarding positions designated under this subsection. (b)  Reemployment Authority. (1)  In general Except as provided in paragraph (2), if an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in any category of acquisition positions designated by the Commandant under subsection (a), the annuity of the annuitant so employed shall continue. The annuitant so reemployed shall not be considered an employee for purposes of subchapter III of chapter 83 or chapter 84 of title 5. (2) (A)  Election An annuitant retired under section 8336(d)(1) or 8414(b)(1)(A) of title 5, receiving an annuity from the Civil Service Retirement and Disability Fund, who becomes employed in any category of acquisition positions designated by the Commandant under subsection (a) after the date of the enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, may elect to be subject to section 8344 or 8468 of such title (as the case may be). (i)  Deadline An election for coverage under this subsection shall be filed not later than 90 days after the Commandant takes reasonable actions to notify an employee who may file an election. (ii)  Coverage If an employee files an election under this subsection, coverage shall be effective beginning on the first day of the first applicable pay period beginning on or after the date of the filing of the election. (B)  Application Paragraph (1) shall apply to an individual who is eligible to file an election under subparagraph (A) and does not file a timely election under clause (i) of such subparagraph. (Added Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4655  Editorial Notes  References in Text The date of the enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, referred to in subsec. (b)(2)(A), is the date of enactment of div. G of Pub. L. 116283 Jan. 1, 2021 SUBCHAPTER II IMPROVED ACQUISITION PROCESS AND PROCEDURES  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  108(c)(3) Dec. 4, 2018 132 Stat. 4210  1131. Identification of major system acquisitions (a)  In General. (1)  Support mechanisms The Commandant shall develop and implement mechanisms to support the establishment of mature and stable operational requirements for all acquisitions. (2)  Mission analysis; affordability assessment The Commandant may not initiate a Level 1 or Level 2 acquisition project or program until the Commandant (A) completes a mission analysis that (i) identifies the specific capability gaps to be addressed by the project or program; and (ii) develops a clear mission need to be addressed by the project or program; and (B) prepares a preliminary affordability assessment for the project or program. (b)  Elements. (1)  Requirements The mechanisms required by subsection (a) shall ensure the implementation of a formal process for the development of a mission-needs statement, concept-of-operations document, capability development plan, and resource proposal for the initial project or program funding, and shall ensure the project or program is included in the Coast Guard Capital Investment Plan. (2)  Assessment of trade-offs In conducting an affordability assessment under subsection (a)(2)(B), the Commandant shall develop and implement mechanisms to ensure that trade-offs among cost, schedule, and performance are considered in the establishment of preliminary operational requirements for development and production of new assets and capabilities for Level 1 and Level 2 acquisitions projects and programs. (c)  Human Resource Capital Planning The Commandant shall develop staffing predictions, define human capital performance initiatives, and identify preliminary training needs required to implement each Level 1 and Level 2 acquisition project and program. (Added Pub. L. 111281, title IV,  402(a) Oct. 15, 2010 124 Stat. 2941 Pub. L. 115282, title I,  108(b) Dec. 4, 2018 132 Stat. 4208  Editorial Notes Amendments 2018 Pub. L. 115282 section 571 of this title  1132. Acquisition (a)  In General The Commandant may not establish a Level 1 or Level 2 acquisition project or program until the Commandant (1) clearly defines the operational requirements for the project or program; (2) establishes the feasibility of alternatives; (3) develops an acquisition project or program baseline; (4) produces a life-cycle cost estimate; and (5) assesses the relative merits of alternatives to determine a preferred solution in accordance with the requirements of this section. (b)  Submission Required Before Proceeding Any Coast Guard Level 1 or Level 2 acquisition project or program may not begin to obtain any capability or asset or proceed beyond that phase of its development that entails approving the supporting acquisition until the Commandant submits to the appropriate congressional committees the following: (1) The key performance parameters, the key system attributes, and the operational performance attributes of the capability or asset to be acquired under the proposed acquisition project or program. (2) A detailed list of the systems or other capabilities with which the capability or asset to be acquired is intended to be interoperable, including an explanation of the attributes of interoperability. (3) The anticipated acquisition project or program baseline and acquisition unit cost for the capability or asset to be acquired under the project or program. (4) A detailed schedule for the acquisition process showing when all capability and asset acquisitions are to be completed and when all acquired capabilities and assets are to be initially and fully deployed. (c)  Analysis of Alternatives. (1)  In general The Coast Guard may not acquire an experimental or technically immature capability or asset or implement a Level 1 or Level 2 acquisition project or program, unless it has prepared an analysis of alternatives for the capability or asset to be acquired in the concept and technology development phase of the acquisition process for the capability or asset. (2)  Requirements The analysis of alternatives shall be prepared by a federally funded research and development center, a qualified entity of the Department of Defense, or a similar independent third-party entity that has appropriate acquisition expertise and has no financial interest in any part of the acquisition project or program that is the subject of the analysis. At a minimum, the analysis of alternatives shall include (A) an assessment of the technical maturity of the capability or asset, and technical and other risks; (B) an examination of capability, interoperability, and other advantages and disadvantages; (C) an evaluation of whether different combinations or quantities of specific assets or capabilities could meet the Coast Guards overall performance needs; (D) a discussion of key assumptions and variables, and sensitivity to change in such assumptions and variables; (E) when an alternative is an existing capability, asset, or prototype, an evaluation of relevant safety and performance records and costs; (F) a calculation of life-cycle costs including (i) an examination of likely research and development costs and the levels of uncertainty associated with such estimated costs; (ii) an examination of likely production and deployment costs and the levels of uncertainty associated with such estimated costs; (iii) an examination of likely operating and support costs and the levels of uncertainty associated with such estimated costs; (iv) if they are likely to be significant, an examination of likely disposal costs and the levels of uncertainty associated with such estimated costs; and (v) such additional measures as the Commandant or the Secretary of the department in which the Coast Guard is operating determines to be necessary for appropriate evaluation of the capability or asset; and (G) the business case for each viable alternative. (d)  Test and Evaluation Master Plan. (1)  In general For any Level 1 or Level 2 acquisition project or program the Chief Acquisition Officer must approve a test and evaluation master plan specific to the acquisition project or program for the capability, asset, or subsystems of the capability or asset and intended to minimize technical, cost, and schedule risk as early as practicable in the development of the project or program. (2)  Test and evaluation strategy The master plan shall (A) set forth an integrated test and evaluation strategy that will verify that capability-level or asset-level and subsystem-level design and development, including performance and supportability, have been sufficiently proven before the capability, asset, or subsystem of the capability or asset is approved for production; and (B) require that adequate developmental tests and evaluations and operational tests and evaluations established under subparagraph (A) are performed to inform production decisions. (3)  Other components of the master plan At a minimum, the master plan shall identify (A) the key performance parameters to be resolved through the integrated test and evaluation strategy; (B) the performance data to be used to determine whether the key performance parameters have been resolved; (C) critical operational issues to be assessed in addition to the key performance parameters; (D) the results during test and evaluation that will be required to demonstrate that a capability, asset, or subsystem meets performance requirements; (E) specific development test and evaluation phases and the scope of each phase; (F) modeling and simulation activities to be performed, if any, and the scope of such activities; (G) early operational assessments to be performed, if any, and the scope of such assessments; (H) operational test and evaluation phases; (I) an estimate of the resources, including funds, that will be required for all test, evaluation, assessment, modeling, and simulation activities; and (J) the Government entity or independent entity that will perform the test, evaluation, assessment, modeling, and simulation activities. (4)  Update The Chief Acquisition Officer must approve an updated master plan whenever there is a revision to project or program test and evaluation strategy, scope, or phasing. (5)  Limitation The Coast Guard may not (A) proceed beyond that phase of the acquisition process that entails approving the supporting acquisition of a capability or asset before the master plan is approved by the Chief Acquisition Officer; or (B) award any production contract for a capability, asset, or subsystem for which a master plan is required under this subsection before the master plan is approved by the Chief Acquisition Officer. (e)  Life-Cycle Cost Estimates. (1)  In general The Commandant shall implement mechanisms to ensure the development and regular updating of life-cycle cost estimates for each acquisition with a total acquisition cost that equals or exceeds $10,000,000 and an expected service life of 10 or more years, and to ensure that these estimates are considered in decisions to develop or produce new or enhanced capabilities and assets. (2)  Types of estimates For each Level 1 or Level 2 acquisition project or program, in addition to life-cycle cost estimates developed under paragraph (1), the Commandant shall require that (A) life-cycle cost estimates developed under paragraph (1) be updated before (i) each milestone decision is concluded; and (ii) the project or program enters a new acquisition phase; and (B) an independent cost estimate or independent cost assessment, as appropriate, be developed to validate life-cycle cost estimates developed under paragraph (1). (Added Pub. L. 111281, title IV,  402(a) Oct. 15, 2010 124 Stat. 2942 Pub. L. 114120, title II,  204(a) Feb. 8, 2016 130 Stat. 34 Pub. L. 115282, title I,  108(b) Dec. 4, 2018 132 Stat. 4208 Pub. L. 117263, div. K, title CXII,  11210 Dec. 23, 2022 136 Stat. 4012  Editorial Notes Amendments 2022Subsec. (e)(2), (3). Pub. L. 117263 (2) Types of estimates (3) Required updates 2018 Pub. L. 115282 section 572 of this title 2016Subsec. (d)(3)(B) to (J). Pub. L. 114120  1133. Preliminary development and demonstration (a)  In General The Commandant shall ensure that developmental test and evaluation, operational test and evaluation, life-cycle cost estimates, and the development and demonstration requirements applied by this chapter to acquisition projects and programs are met to confirm that the projects or programs meet the requirements identified in the mission-analysis and affordability assessment prepared under section 1131(a)(2), the operational requirements developed under section 1132(a)(1) and the following development and demonstration objectives: (1) To demonstrate that the design, manufacturing, and production solution is based upon a stable, producible, and cost-effective product design. (2) To ensure that the product capabilities meet contract specifications, acceptable operational performance requirements, and system security requirements. (3) To ensure that the product design is mature enough to commit to full production and deployment. (b)  Tests and Evaluations. (1)  In general The Commandant shall ensure that the Coast Guard conducts developmental tests and evaluations and operational tests and evaluations of a capability or asset and the subsystems of the capability or asset in accordance with the master plan prepared for the capability or asset under section 1132(d)(1). 1 1 (2)  Use of third parties The Commandant shall ensure that the Coast Guard uses independent third parties with expertise in testing and evaluating the capabilities or assets and the subsystems of the capabilities or assets being acquired to conduct developmental tests and evaluations and operational tests and evaluations whenever the Coast Guard lacks the capability to conduct the tests and evaluations required by a master plan. (3)  Communication of safety concerns The Commandant shall ensure that independent third parties and Government employees that identify safety concerns during developmental or operational tests and evaluations or through independent or Government-conducted design assessments of capabilities or assets and subsystems of capabilities or assets to be acquired by the Coast Guard communicate such concerns as soon as practicable, but not later than 30 days after the completion of the test or assessment event or activity that identified the safety concern, to the program manager for the capability or asset and the subsystems concerned and to the Chief Acquisition Officer. (4)  Reporting of safety concerns The Commandant shall ensure that any safety concerns that have been communicated under paragraph (3) for an acquisition program or project are reported to the appropriate congressional committees at least 90 days before the award of any contract or issuance of any delivery order or task order for low, initial, or full-rate production of the capability or asset concerned if they will remain uncorrected or unmitigated at the time such a contract is awarded or delivery order or task order is issued. The report shall include a justification for the approval of that level of production of the capability or asset before the safety concerns are corrected or mitigated. The report shall also include an explanation of the actions that will be taken to correct or mitigate the safety concerns, the date by which those actions will be taken, and the adequacy of current funding to correct or mitigate the safety concerns. (5)  Asset already in low, initial, or full-rate production The Commandant shall ensure that if an independent third party or a Government employee identifies a safety concern with a capability or asset or any subsystems of a capability or asset not previously identified during operational test and evaluation of a capability or asset already in low, initial, or full-rate production (A) the Commandant, through the Assistant Commandant for Capability, shall notify the program manager and the Chief Acquisition Officer of the safety concern as soon as practicable, but not later than 30 days after the completion of the test and evaluation event or activity that identified the safety concern; and (B) the Deputy Commandant for Mission Support shall notify the Commandant and the Deputy Commandant for Operations of the safety concern within 50 days after the notification required under subparagraph (A), and include in such notification (i) an explanation of the actions that will be taken to correct or mitigate the safety concern in all capabilities or assets and subsystems of the capabilities or assets yet to be produced, and the date by which those actions will be taken; (ii) an explanation of the actions that will be taken to correct or mitigate the safety concern in previously produced capabilities or assets and subsystems of the capabilities or assets, and the date by which those actions will be taken; and (iii) an assessment of the adequacy of current funding to correct or mitigate the safety concern in capabilities or assets and subsystems of the capabilities or assets and in previously produced capabilities or assets and subsystems. (c)  Technical Certification. (1)  In general The Commandant shall ensure that any Level 1 or Level 2 acquisition project or program is certified by the technical authority of the Coast Guard after review by an independent third party with capabilities in the mission area, asset, or particular asset component. (2)  TEMPEST testing The Commandant shall (A) cause all electronics on all aircraft, surface, and shore capabilities and assets that require TEMPEST certification to be tested in accordance with TEMPEST standards and communications security (comsec) standards by an independent third party that is authorized by the Federal Government to perform such testing; and (B) certify that the assets meet all applicable TEMPEST requirements. (3)  Cutter classification. (A)  In general The Commandant shall cause each cutter, other than a National Security Cutter, acquired by the Coast Guard and delivered after the date of enactment of the Coast Guard Authorization Act of 2010 to be classed by the American Bureau of Shipping before final acceptance. [(B) Repealed. Pub. L. 112213, title II,  210(c)(2)(B) Dec. 20, 2012 126 Stat. 1551 (4)  Other vessels The Commandant shall cause the design and construction of each National Security Cutter, other than National Security Cutters 1, 2, and 3, to be assessed by an independent third party with expertise in vessel design and construction certification. (5)  Aircraft airworthiness The Commandant shall cause all aircraft and aircraft engines acquired by the Coast Guard to be assessed for airworthiness by an independent third party with expertise in aircraft and aircraft engine certification before final acceptance. (Added Pub. L. 111281, title IV,  402(a) Oct. 15, 2010 124 Stat. 2944 Pub. L. 112213, title II,  210(c)(2)(B) Dec. 20, 2012 126 Stat. 1551 Pub. L. 115232, div. C, title XXXV,  3522 Aug. 13, 2018 132 Stat. 2314 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4208  Editorial Notes  References in Text Section 1132(d)(1), referred to in subsec. (b)(1), was, prior to amendment of this section by Pub. L. 115282 section 572(d)(1) of this title section 572(f)(1) of this title Pub. L. 114120, title II,  204(a)(1) Feb. 8, 2016 130 Stat. 34 Section 572 of this title section 1132 of this title Pub. L. 115282, title I,  108(b)(2) Dec. 4, 2018 132 Stat. 4208 The date of enactment of the Coast Guard Authorization Act of 2010, referred to in subsec. (c)(3)(A), is the date of enactment of Pub. L. 111281 Oct. 15, 2010 Amendments 2018 Pub. L. 115282,  108(b) section 573 of this title Subsec. (a). Pub. L. 115282,  123(b)(2) Subsec. (b)(1). Pub. L. 115282,  123(b)(2) Subsec. (b)(3). Pub. L. 115232,  3522(1) Subsec. (b)(4). Pub. L. 115232,  3522(2) Subsec. (b)(5). Pub. L. 115232,  3522(3)(A) Subsec. (b)(5)(A). Pub. L. 115232,  3522(3)(B) Subsec. (b)(5)(B). Pub. L. 115232,  3522(3)(C) Subsec. (c)(2)(A). Pub. L. 115232,  3522(4)(A) Subsec. (c)(5). Pub. L. 115232,  3522(4)(B) 2012Subsec. (c)(3)(B). Pub. L. 112213 December 31, 2011 Statutory Notes and Related Subsidiaries National Security Cutters Pub. L. 115282, title III,  311(f) Dec. 4, 2018 132 Stat. 4249 The Secretary of the department in which the Coast Guard is operating is authorized to enter into a multiyear contract for the procurement of a tenth, eleventh, and twelfth National Security Cutter and associated government-furnished equipment. Pub. L. 115282, title VIII,  818(a) Dec. 4, 2018 132 Stat. 4307  The Commandant of the Coast Guard may not certify an eighth National Security Cutter as Ready for Operations before the date on which the Commandant provides to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate (1) a notification of a new standard method for tracking operational employment of Coast Guard major cutters that does not include time during which such a cutter is away from its homeport for maintenance or repair; and (2) a report analyzing cost and performance for different approaches to achieving varied levels of operational employment using the standard method required by paragraph (1) that, at a minimum (A) compares over a 30-year period the average annualized baseline cost and performances for a certified National Security Cutter that operated for 185 days away from homeport or an equivalent alternative measure of operational tempo (i) against the cost of a 15 percent increase in days away from homeport or an equivalent alternative measure of operational tempo for a National Security Cutter; and (ii) against the cost of the acquisition and operation of an additional National Security Cutter; and (B) examines the optimal level of operational employment of National Security Cutters to balance National Security Cutter cost and mission performance.  1134. Acquisition, production, deployment, and support (a)  In General The Commandant shall (1) ensure there is a stable and efficient production and support capability to develop an asset or capability for the Coast Guard; (2) conduct follow-on testing to confirm and monitor performance and correct deficiencies; and (3) conduct acceptance tests and trials prior to the delivery of each asset or system to ensure the delivered asset or system achieves full operational capability. (b)  Elements The Commandant shall (1) execute production contracts; (2) ensure that delivered assets and capabilities meet operational cost and schedules requirements established in the acquisition program baseline; (3) validate manpower and training requirements to meet system needs to operate, maintain, support, and instruct the assets or capabilities; and (4) prepare an acquisition project or program transition plan to enter into programmatic sustainment, operations, and support. (Added Pub. L. 111281, title IV,  402(a) Oct. 15, 2010 124 Stat. 2947 Pub. L. 115282, title I,  108(b) Dec. 4, 2018 132 Stat. 4208  Editorial Notes Amendments 2018 Pub. L. 115282 section 574 of this title  1135. Acquisition program baseline breach (a)  In General The Commandant shall submit a report to the appropriate congressional committees and the Committee on Homeland Security of the House of Representatives as soon as possible, but not later than 30 days, after the Chief Acquisition Officer of the Coast Guard becomes aware of the breach of an acquisition program baseline for any Level 1 or Level 2 acquisition program, by (1) a likely cost overrun greater than 15 percent of the acquisition program baseline for that individual capability or asset or a class of capabilities or assets; (2) a likely delay of more than 180 days in the delivery schedule for any individual capability or asset or class of capabilities or assets; or (3) an anticipated failure for any individual capability or asset or class of capabilities or assets to satisfy any key performance threshold or parameter under the acquisition program baseline. (b)  Content The report submitted under subsection (a) shall include (1) a detailed description of the breach and an explanation of its cause; (2) the projected impact to performance, cost, and schedule; (3) an updated acquisition program baseline and the complete history of changes to the original acquisition program baseline; (4) the updated acquisition schedule and the complete history of changes to the original schedule; (5) a full life-cycle cost analysis for the capability or asset or class of capabilities or assets; (6) a remediation plan identifying corrective actions and any resulting issues or risks; and (7) a description of how progress in the remediation plan will be measured and monitored. (c)  Substantial Variances in Costs or Schedule If a likely cost overrun is greater than 20 percent or a likely delay is greater than 12 months from the costs and schedule described in the acquisition program baseline for any Level 1 or Level 2 acquisition project or program of the Coast Guard, the Commandant shall include in the report a written determination, with a supporting explanation, of whether (1) the capability or asset or capability or asset class to be acquired under the project or program is essential to the accomplishment of Coast Guard missions; (2) there are no alternatives to such capability or asset or capability or asset class that will provide equal or greater capability in both a more cost-effective and timely manner; (3) the new acquisition schedule and estimates for total acquisition cost are reasonable; and (4) the management structure for the acquisition program is adequate to manage and control performance, cost, and schedule. (d)  Notice to Congress With Respect to Breach of Contract Not later than 48 hours after the Commandant becomes aware that a major acquisition contract cannot be carried out under the terms specified in the contract, the Commandant shall provide a written notification to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that includes (1) a description of the terms of the contract that cannot be met; and (2) an assessment of whether the applicable contract officer has issued a cease and desist order to the contractor based on the breach of such terms of the contract. (Added Pub. L. 111281, title IV,  402(a) Oct. 15, 2010 124 Stat. 2947 Pub. L. 115232, div. C, title XXXV,  3533(g) Aug. 13, 2018 132 Stat. 2321 Pub. L. 115282, title I,  108(b) Dec. 4, 2018 132 Stat. 4208 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4657  Editorial Notes Amendments 2021Subsec. (d). Pub. L. 116283 2018 Pub. L. 115282 section 575 of this title Subsec. (c). Pub. L. 115232  1136. Acquisition approval authority Nothing in this subchapter shall be construed as altering or diminishing in any way the statutory authority and responsibility of the Secretary of the department in which the Coast Guard is operating, or the Secretarys designee, to (1) manage and administer department procurements, including procurements by department components, as required by section 701 of the Homeland Security Act of 2002 ( 6 U.S.C. 341 (2) manage department acquisition activities and act as the Acquisition Decision Authority with regard to the review or approval of a Coast Guard Level 1 or Level 2 acquisition project or program, as required by section 16 1 1 41 U.S.C. 414 (Added Pub. L. 111281, title IV,  402(a) Oct. 15, 2010 124 Stat. 2948 Pub. L. 115282, title I,  108(b) Dec. 4, 2018 132 Stat. 4208  Editorial Notes  References in Text Section 16 of the Office of Federal Procurement Policy Act, referred to in par. (2), is section 16 of Pub. L. 93400 section 1702 of Title 41 Pub. L. 111350 Jan. 4, 2011 124 Stat. 3677 Amendments 2018 Pub. L. 115282 section 576 of this title  1137. Contracting for major acquisitions programs (a)  In General In carrying out authorities provided to the Secretary to design, construct, accept, or otherwise acquire assets and systems under section 501(d), the Secretary, acting through the Commandant or the head of an integrated program office established for a major acquisition program, may enter into contracts for a major acquisition program and 3 Polar Security Cutters in addition to those approved as part of a major acquisition program on November 1, 2019 (b)  Authorized Methods Contracts entered into under subsection (a) (1) may be block buy contracts; (2) may be incrementally funded; (3) may include combined purchases, also known as economic order quantity purchases, of (A) materials and components; and (B) long lead time materials; and (4) as provided in section 3501 of title 10 (c)  Subject to Appropriations Any contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of amounts specifically provided in advance for that purpose in subsequent appropriations Acts. (Added Pub. L. 115282, title III,  311(b) Dec. 4, 2018 132 Stat. 4249 Pub. L. 116283, div. G, title LVXXXI Jan. 1, 2021 134 Stat. 4639 Pub. L. 11781, div. A, title XVII,  1702(d)(2) Dec. 27, 2021 135 Stat. 2156  Editorial Notes Amendments 2021Subsec. (a). Pub. L. 116283 November 1, 2019 Subsec. (b)(4). Pub. L. 11781 Statutory Notes and Related Subsidiaries Internal Regulations and Policy Pub. L. 115282, title III,  311(e) Dec. 4, 2018 132 Stat. 4249 Not later than 180 days after the date of enactment of this Act [ Dec. 4, 2018 section 501 of this title section 1133 of this title section 573 of this title SUBCHAPTER III PROCUREMENT  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  108(c)(4) Dec. 4, 2018 132 Stat. 4210 Statutory Notes and Related Subsidiaries Prohibition on Major Acquisition Contracts With Entities Associated With Chinese Communist Party Pub. L. 117263, div. K, title CXII,  11267 Dec. 23, 2022 136 Stat. 4063  (a)  In General The Commandant [of the Coast Guard] may not award any major acquisition contract until the Commandant receives a certification from the party that it has not, during the 10-year period preceding the planned date of award, directly or indirectly held an economic interest in an entity that is (1) owned or controlled by the Peoples Republic of China; and (2) part of the defense industry of the Chinese Communist Party. (b)  Inapplicability to Taiwan Subsection (a) shall not apply with respect to an economic interest in an entity owned or controlled by Taiwan.  1151. Restriction on construction of vessels in foreign shipyards (a) Except as provided in subsection (b), no Coast Guard vessel, and no major component of the hull or superstructure of a Coast Guard vessel, may be constructed in a foreign shipyard. (b) The President may authorize exceptions to the prohibition in subsection (a) when the President determines that it is in the national security interest of the United States to do so. The President shall transmit notice to Congress of any such determination, and no contract may be made pursuant to the exception authorized until the end of the 30-day period beginning on the date the notice of such determination is received by Congress. (Added Pub. L. 100448,  26(a) Sept. 28, 1988 102 Stat. 1847 Pub. L. 115282, title I,  108(b) Dec. 4, 2018 132 Stat. 4208  Editorial Notes Amendments 2018 Pub. L. 115282 section 665 of this title  1152. Advance procurement funding (a)  In General With respect to any Coast Guard vessel for which amounts are appropriated and any amounts otherwise made available for vessels for the Coast Guard in any fiscal year, the Commandant may enter into a contract or place an order, in advance of a contract or order for construction of a vessel, for (1) materials, parts, components, and labor for the vessel; (2) the advance construction of parts or components for the vessel; (3) protection and storage of materials, parts, or components for the vessel; and (4) production planning, design, and other related support services that reduce the overall procurement lead time of the vessel. (b)  Use of Materials, Parts, and Components Manufactured in the United States In entering into contracts and placing orders under subsection (a), the Commandant may give priority to persons that manufacture materials, parts, and components in the United States. (Added Pub. L. 112213, title II,  211(a) Dec. 20, 2012 126 Stat. 1551 Pub. L. 115232, div. C, title XXXV,  3531(c)(7) Aug. 13, 2018 132 Stat. 2320 Pub. L. 115282, title I,  108(b) Dec. 4, 2018 132 Stat. 4208  Editorial Notes Amendments 2018 Pub. L. 115282 section 577 of this title Subsec. (a). Pub. L. 115232 Statutory Notes and Related Subsidiaries Long Lead Time Materials and Vessel Production; Immediate Availability of Funding Pub. L. 1136, div. D, title V,  557 Mar. 26, 2013 127 Stat. 377  (a) Notwithstanding Office of Management and Budget Circular A11, funds made available in fiscal year 2013, or any fiscal year thereafter, under Department of Homeland Security, Coast Guard, Acquisition, Construction, and Improvements for (1) long lead time materials, components, and designs of a vessel of the Coast Guard shall be immediately available and allotted to make a contract award notwithstanding the availability of funds for production, outfitting, post-delivery activities, and spare or repair parts; and (2) production of a vessel of the Coast Guard shall be immediately available and allotted to make a contract award notwithstanding the availability of funds for outfitting, post-delivery activities, and spare or repair parts. (b) The Secretary of Homeland Security shall develop fiscal policy that prescribes Coast Guard budgetary policies, procedures and technical direction necessary to comply with subsection (a) of this section and consistent with the Department of Defense Financial Management Regulation (Volume 2A, Chapter 1 C. Procedures for Full Funding) to include the costs associated with outfitting and post-delivery activities; spare and repair parts; and long lead time materials. The requirement set forth in this section shall not preclude the immediate availability or allotment of funds for fiscal year 2013, pursuant to subsection (a). (c) In this section (1) the term long lead time items means components, parts, material, or effort which must be procured in advance of the production award in order to maintain the production schedule; (2) the term outfitting means procurement or installation of onboard repair parts, other secondary items, equipage, and recreation items; precommissioning crew support; general use consumables furnished to the shipbuilder; the fitting out activity to fill a vessels initial allowances; and contractor-furnished spares; and (3) the term post-delivery activities means design, planning, Government-furnished material, and related labor for non-production and non-long lead time items contract activities and other work, including certifications, full operational capability activities and other equipment installation; spares, logistics, technical analysis, and support; correction of Government-responsible defects and deficiencies identified during builders trials, acceptance trials, and testing during the post-delivery period; costs of all work required to correct defects or deficiencies identified during the post-delivery period; and costs of all work required to correct trial card deficiencies on a vessel of a particular class, as well as on subsequent vessels of that class (whether or not delivered) until the corrective action for that cutter class is completed.  1153. Prohibition on overhaul, repair, and maintenance of Coast Guard vessels in foreign shipyards  A Coast Guard vessel the home port of which is in the United States or Guam may not be overhauled, repaired, or maintained in a shipyard outside the United States or Guam, other than in the case of voyage repairs. (Added Pub. L. 104324, title III,  311(a) Oct. 19, 1996 110 Stat. 3920 Pub. L. 111281, title II,  218 Oct. 15, 2010 124 Stat. 2918 Pub. L. 115282, title I,  108(b) Dec. 4, 2018 132 Stat. 4208  Editorial Notes Amendments 2018 Pub. L. 115282 section 96 of this title 2010 Pub. L. 111281  1154. Procurement of buoy chain (a) Except as provided in subsection (b), the Coast Guard may not procure buoy chain (1) that is not manufactured in the United States; or (2) substantially all of the components of which are not produced or manufactured in the United States. (b) The Coast Guard may procure buoy chain that is not manufactured in the United States if the Secretary determines that (1) the price of buoy chain manufactured in the United States is unreasonable; or (2) emergency circumstances exist. (Added Pub. L. 104324, title XI,  1128(a) Oct. 19, 1996 110 Stat. 3984 Pub. L. 115282, title I,  108(b) Dec. 4, 2018 132 Stat. 4208  Editorial Notes Amendments 2018 Pub. L. 115282 section 97 of this title  1155. Contract termination (a)  In General. (1)  Notification Before terminating a procurement or acquisition contract with a total value of more than $1,000,000, the Commandant of the Coast Guard shall notify each vendor under such contract and require the vendor to maintain all work product related to the contract until the earlier of (A) not less than 1 year after the date of the notification; or (B) the date the Commandant notifies the vendor that maintenance of such work product is no longer required. (b)  Work Product Defined In this section the term work product (1) means tangible and intangible items and information produced or possessed as a result of a contract referred to in subsection (a); and (2) includes (A) any completed end items; (B) any uncompleted end items; and (C) any property in the contractors possession in which the United States Government has an interest. (c)  Penalty A vendor that fails to maintain work product as required under subsection (a) is liable to the United States for a civil penalty of not more than $25,000 for each day on which such work product is unavailable. (d)  Report. (1)  In general Except as provided in paragraph (2), not later than 45 days after the end of each fiscal year the Commandant of the Coast Guard shall provide 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 detailing (A) all Coast Guard contracts with a total value of more than $1,000,000 that were terminated in the fiscal year; (B) all vendors who were notified under subsection (a)(1) in the fiscal year, and the date of such notification; (C) all criminal, administrative, and other investigations regarding any contract with a total value of more than $1,000,000 that were initiated by the Coast Guard in the fiscal year; (D) all criminal, administrative, and other investigations regarding contracts with a total value of more than $1,000,000 that were completed by the Coast Guard in the fiscal year; and (E) an estimate of costs incurred by the Coast Guard, including contract line items and termination costs, as a result of the requirements of this section. (2)  Limitation The Commandant is not required to provide a report under paragraph (1) for any fiscal year for which there is no responsive information as described in subparagraphs (A) through (E) of paragraph (1). (Added Pub. L. 115232, div. C, title XXXV,  3523(a) Aug. 13, 2018 132 Stat. 2315 Pub. L. 115282, title I,  108(b) Dec. 4, 2018 132 Stat. 4208  Editorial Notes Amendments 2018 Pub. L. 115282 section 657 of this title  1156. Limitation on unmanned aircraft systems (a)  In General During any fiscal year for which funds are appropriated for the design or construction of an Offshore Patrol Cutter, the Commandant (1) may not award a contract for design of an unmanned aircraft system for use by the Coast Guard; and (2) may lease, acquire, or acquire the services of an unmanned aircraft system only if such system (A) has been part of a program of record of, procured by, or used by a Federal entity (or funds for research, development, test, and evaluation have been received from a Federal entity with regard to such system) before the date on which the Commandant leases, acquires, or acquires the services of the system; and (B) is leased, acquired, or utilized by the Commandant through an agreement with a Federal entity, unless such an agreement is not practicable or would be less cost-effective than an independent contract action by the Coast Guard. (b)  Small Unmanned Aircraft Exemption Subsection (a)(2) does not apply to small unmanned aircraft. (c)  Definitions In this section, the terms small unmanned aircraft and unmanned aircraft system have the meanings given those terms in section 44801 of title 49 (Added Pub. L. 115282, title III,  304(b) Dec. 4, 2018 132 Stat. 4244 Pub. L. 117263, div. K, title CXVIII,  11803(b) Dec. 23, 2022 136 Stat. 4163  Editorial Notes Amendments 2022Subsec. (c). Pub. L. 117263 section 44801 of title 49 49 U.S.C. 40101 Statutory Notes and Related Subsidiaries Prohibition on Operation or Procurement of Foreign-Made Unmanned Aircraft Systems Pub. L. 116283, div. G, title LVXXXIV Jan. 1, 2021 134 Stat. 4725 Pub. L. 117263, div. K, title CXII,  11255 Dec. 23, 2022 136 Stat. 4055  (a)  Prohibition on Agency Operation or Procurement The Commandant [of the Coast Guard] may not operate or enter into or renew a contract for the procurement of (1) an unmanned aircraft system that (A) is manufactured in a covered foreign country or by an entity domiciled in a covered foreign country; (B) uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in a covered foreign country or by an entity domiciled in a covered foreign country; (C) uses a ground control system or operating software developed in a covered foreign country or by an entity domiciled in a covered foreign country; or (D) uses network connectivity or data storage located in or administered by an entity domiciled in a covered foreign country; or (2) a system manufactured in a covered foreign country or by an entity domiciled in a covered foreign country for the detection or identification of unmanned aircraft systems. (b)  Exemption The Commandant is exempt from the restriction under subsection (a) if the operation or procurement is for the purposes of (1) counter-UAS system surrogate testing and training; or (2) intelligence, electronic warfare, and information warfare operations, testing, analysis, and training. (c)  Waiver The Commandant may waive the restriction under subsection (a) on a case-by-case basis by certifying in writing not later than 15 days after exercising such waiver to the Department of Homeland Security, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives that the operation or procurement of a covered unmanned aircraft system is required in the national interest of the United States. (d)  Definitions In this section: (1)  Covered foreign country The term covered foreign country means any of the following: (A) The Peoples Republic of China. (B) The Russian Federation. (C) The Islamic Republic of Iran. (D) The Democratic Peoples Republic of Korea. (2)  Covered unmanned aircraft system The term covered unmanned aircraft system means an unmanned aircraft system described in paragraph (1) of subsection (a). (3)  Counter-UAS system The term counter-UAS system has the meaning given such term in section 44801 of title 49 (4)  Unmanned aircraft system The term unmanned aircraft system has the meaning given such term in section 44801 of title 49 (e)  Replacement Not later than 90 days after the date of the enactment of the Don Young Coast Guard Authorization Act of 2022 [ Dec. 23, 2022 section 2350f(d)(1) of title 10  1157. Extraordinary relief (a)  In General With respect to any prime contracting entity receiving extraordinary relief pursuant to the Act entitled An Act to authorize the making, amendment, and modification of contracts to facilitate the national defense, approved August 28, 1958 Public Law 85804 50 U.S.C. 1432 (b)  Inapplicability to Subcontractors The limitation under subsection (a) shall not apply to subcontractors of a prime contracting entity. (c)  Quarterly Report Not less frequently than quarterly during each fiscal year in which extraordinary relief is approved or provided to an entity under the Act referred to in subsection (a) for the acquisition of Offshore Patrol Cutters, 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 report that describes in detail such relief and the compliance of the entity with the oversight measures required as a condition of receiving such relief. (Added Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4657  Editorial Notes  References in Text An Act to authorize the making, amendment, and modification of contracts to facilitate the national defense, referred to in subsec. (a), is Pub. L. 85804 Aug. 28, 1958 72 Stat. 972  1158. Authority to enter into transactions other than contracts and grants to procure cost-effective, advanced technology for mission-critical needs (a)  In General Subject to subsections (b) and (c), the Commandant may enter into transactions (other than contracts, cooperative agreements, and grants) to operate, test, and acquire cost-effective technology for the purpose of meeting the mission needs of the Coast Guard. (b)  Operation, Testing, and Acquisition Operation, testing, and acquisition of technologies under subsection (a) shall be (1) carried out in accordance with Coast Guard policies and guidance; and (2) consistent with the operational requirements of the Coast Guard. (c)  Limitations The Commandant may not enter into a transaction under subsection (a) with respect to a technology that (1) does not comply with the cybersecurity standards of the Coast Guard; or (2) is sourced from an entity domiciled in the Peoples Republic of China, unless the Commandant determines that the prototype or procurement of such a technology is for the purpose of (A) counter-UAS or surrogate testing; or (B) intelligence, electronic warfare, and information warfare, testing, and analysis. (d)  Education and Training The Commandant shall ensure that management, technical, and contracting personnel of the Coast Guard involved in the award or administration of transactions under this section are provided adequate education and training with respect to the authority under this section. (e)  Regulations The Commandant shall prescribe regulations as necessary to carry out this section. (f)  Counter-UAS Defined In this section, the term counter-UAS has the meaning given such term in section 44801 of title 49 (Added Pub. L. 117263, div. K, title CXII,  11205(a) Dec. 23, 2022 136 Stat. 4009 SUBCHAPTER IV DEFINITIONS  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  108(c)(5) Dec. 4, 2018 132 Stat. 4210  1171. Definitions In this chapter: (1)  Appropriate congressional committees The term appropriate congressional committees means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (2)  Chief acquisition officer The term Chief Acquisition Officer means the officer appointed under section 308 of this title (3)  Customer of a major acquisition program The term customer of a major acquisition program means the operating field unit of the Coast Guard that will field the system or systems acquired under a major acquisition program. (4)  Level 1 acquisition The term Level 1 acquisition means (A) an acquisition by the Coast Guard (i) the estimated life-cycle costs of which exceed $1,000,000,000; or (ii) the estimated total acquisition costs of which exceed $300,000,000; or (B) any acquisition that the Chief Acquisition Officer of the Coast Guard determines to have a special interest (i) due to (I) the experimental or technically immature nature of the asset; (II) the technological complexity of the asset; (III) the commitment of resources; or (IV) the nature of the capability or set of capabilities to be achieved; or (ii) because such acquisition is a joint acquisition. (5)  Level 2 acquisition The term Level 2 acquisition means an acquisition by the Coast Guard (A) the estimated life-cycle costs of which are equal to or less than $1,000,000,000, but greater than $300,000,000; or (B) the estimated total acquisition costs of which are equal to or less than $300,000,000, but greater than $100,000,000. (6)  Life-cycle cost The term life-cycle cost means all costs for development, procurement, construction, and operations and support for a particular capability or asset, without regard to funding source or management control. (7)  Major acquisition program The term major acquisition program means an ongoing acquisition undertaken by the Coast Guard with a life-cycle cost estimate greater than or equal to $300,000,000. (8)  Project or program manager defined The term project or program manager means an individual designated (A) to develop, produce, and deploy a new asset to meet identified operational requirements; and (B) to manage cost, schedule, and performance of the acquisition, project, or program. (9)  Safety concern The term safety concern means any hazard associated with a capability or asset or a subsystem of a capability or asset that is likely to cause serious bodily injury or death to a typical Coast Guard user in testing, maintaining, repairing, or operating the capability, asset, or subsystem or any hazard associated with the capability, asset, or subsystem that is likely to cause major damage to the capability, asset, or subsystem during the course of its normal operation by a typical Coast Guard user. (10)  Developmental test and evaluation The term developmental test and evaluation means (A) the testing of a capability or asset and the subsystems of the capability or asset to determine whether they meet all contractual performance requirements, including technical performance requirements, supportability requirements, and interoperability requirements and related specifications; and (B) the evaluation of the results of such testing. (11)  Operational test and evaluation The term operational test and evaluation means (A) the testing of a capability or asset and the subsystems of the capability or asset, under conditions similar to those in which the capability or asset and subsystems will actually be deployed, for the purpose of determining the effectiveness and suitability of the capability or asset and subsystems for use by typical Coast Guard users to conduct those missions for which the capability or asset and subsystems are intended to be used; and (B) the evaluation of the results of such testing. (Added Pub. L. 111281, title IV,  402(a) Oct. 15, 2010 124 Stat. 2948 Pub. L. 114120, title II,  209(8) Feb. 8, 2016 130 Stat. 41 Pub. L. 114328, div. A, title VIII,  899(b)(1)(F) Dec. 23, 2016 130 Stat. 2334 Pub. L. 115232, div. C, title XXXV,  3531(c)(8) Aug. 13, 2018 132 Stat. 2320 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4208  Editorial Notes Amendments 2018 Pub. L. 115282,  108(b) section 581 of this title Par. (2). Pub. L. 115282,  123(b)(2) Pars. (4) to (12). Pub. L. 115232 2016Par. (3). Pub. L. 114328,  899(b)(1)(F)(ii) Pars. (4), (5). Pub. L. 114328,  899(b)(1)(F)(i) Par. (5)(B). Pub. L. 114120 Pars. (6), (7). Pub. L. 114328,  899(b)(1)(F)(i) Par. (8). Pub. L. 114328,  899(b)(1)(F)(iii) Pars. (9) to (12). Pub. L. 114328,  899(b)(1)(F)(i) SUBTITLE II PERSONNEL    Chap. Sec.  19. Coast Guard Academy 1901  21. Personnel; Officers 2101  23. Personnel; Enlisted 2301  25. Personnel; General Provisions 2501  27. Pay, Allowances, Awards, and Other Rights and Benefits 2701  29. Coast Guard Family Support, Child Care, and Housing 2901   Editorial Notes  Amendments  2018 Pub. L. 115282, title I,  109(a) Dec. 4, 2018 132 Stat. 4211 CHAPTER 19 COAST GUARD ACADEMY    SUBCHAPTER IADMINISTRATION  Sec.  1901. Administration of Academy.  1902. Policy on sexual harassment and sexual violence.  1903. Annual Board of Visitors.  1904. Advisory Board on Women at the Coast Guard Academy.  1905. Coast Guard Academy minority outreach team program.  1906. Participation in Federal, State, or other educational research grants.  SUBCHAPTER IICADETS  1921. Corps of Cadets authorized strength.  1922. Appointments.  1923. Admission of foreign nationals for instruction; restrictions; conditions.  1924. Conduct.  1925. Agreement.  1926. Cadet applicants; preappointment travel to Academy.  1927. Cadets; initial clothing allowance.  1928. Cadets; degree of bachelor of science.  1929. Cadets; appointment as ensign.  1930. Cadets: charges and fees for attendance; limitation.  SUBCHAPTER IIIFACULTY  1941. Civilian teaching staff.  1942. Permanent commissioned teaching staff; composition.  1943. Appointment of permanent commissioned teaching staff.  1944. Grade of permanent commissioned teaching staff.  1945. Retirement of permanent commissioned teaching staff.  1946. Credit for service as member of civilian teaching staff.  1947. Assignment of personnel as instructors.  1948. Marine safety curriculum.  Editorial Notes Prior Provisions A prior chapter 19, consisting of sections 690 to 693, related to carrying out an environmental compliance and restoration program, prior to repeal by Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4199 Amendments 2021 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4651 2018 Pub. L. 115282, title I,  110(a) Dec. 4, 2018 132 Stat. 4211 SUBCHAPTER I ADMINISTRATION  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  110(c)(1)(A) Dec. 4, 2018 132 Stat. 4213  1901. Administration of Academy  The immediate government and military command of the Coast Guard Academy shall be in the Superintendent of the Academy, subject to the direction of the Commandant under the general supervision of the Secretary. The Commandant may select a superintendent from the active list of the Coast Guard who shall serve in the pleasure of the Commandant. ( Aug. 4, 1949, ch. 393 63 Stat. 508 Pub. L. 115282, title I,  110(b) Dec. 4, 2018 132 Stat. 4212  Historical and Revision Notes This section does not change the present method of administration of the Academy. It makes statutory what has been administrative regulation heretofore, and it is believed highly desirable to make the control of an institution of such national interest as the Academy the subject of a statute. This section is new. There is no provision in existing law which establishes the Academy and sets it up as an operating unit. Nor is there any provision which creates the office of Superintendent of the Academy, or prescribes his duties and functions. Heretofore this has been accomplished by regulations, and the laws which deal with the Academy assume its existence as a going institution and assume the existence of the Superintendent with certain defined functions and duties. This section continues the Academy as previously established, provides for the appointment of the Superintendent by the Commandant, and defines in general terms his functions. The Academy would thus be placed on a definite statutory basis, and the office of Superintendent would be a statutory position, but the present administration of the Academy would in no way be interfered with. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 181 of this title Statutory Notes and Related Subsidiaries Cadet Pregnancy Policy Improvements Pub. L. 117263, div. K, title CXIV,  11403 Dec. 23, 2022 136 Stat. 4109  (a)  Regulations Required Not later than 18 months after the date of enactment of this Act [ Dec. 23, 2022 Public Law 11781 Pub. L. 11781 section 7431 of Title 10 (b)  Briefing Not later than 180 days after the date of the enactment of this Act, the Secretary 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 development of the regulations required by subsection (a). [For definition of Secretary as used in section 11403 of Pub. L. 117263 section 11002 of Pub. L. 117263 section 106 of this title Coast Guard Academy Study Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4681  (a)  In General The Secretary of the department in which the Coast Guard is operating shall seek to enter into an arrangement with the National Academy of Public Administration not later than 60 days after the date of the enactment of the [sic] this Act [ Jan. 1, 2021 (1) conduct an assessment of the cultural competence of the Coast Guard Academy as an organization and of individuals at the Coast Guard Academy to carry out effectively the primary duties of the United States Coast Guard listed in section 102 of title 14 (2) issue recommendations based upon the findings in such assessment. (b)  Assessment of Cultural Competence. (1)  Cultural competence of the coast guard academy The arrangement described in subsection (a) shall require the National Academy of Public Administration to, not later than 1 year after entering into an arrangement with the Secretary under subsection (a), submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the assessment described under subsection (a)(1). (2)  Assessment scope The assessment described under subsection (a)(1) shall (A) describe the level of cultural competence described in subsection (a)(1) based on the National Academy of Public Administrations assessment of the Coast Guard Academys relevant practices, policies, and structures, including an overview of discussions with faculty, staff, students, and relevant Coast Guard Academy affiliated organizations; (B) examine potential changes which could be used to further enhance such cultural competence by (i) modifying institutional practices, policies, and structures; and (ii) any other changes deemed appropriate by the National Academy of Public Administration; and (C) make recommendations to enhance the cultural competence of the Coast Guard Academy described in subparagraph (A), including any specific plans, policies, milestones, performance measures, or other information necessary to implement such recommendations. (c)  Final Action Memorandum Not later than 6 months after submission of the assessment under subsection (b)(1), the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a final action memorandum in response to all recommendations contained in the assessment. The final action memorandum shall include the rationale for accepting, accepting in part, or rejecting each recommendation, and shall specify, where applicable, actions to be taken to implement such recommendations, including an explanation of how each action enhances the ability of the Coast Guard to carry out the primary duties of the United States Coast Guard listed in section 102 of title 14 (d)  Plan. (1)  In general Not later than 6 months after the date of the submission of the final action memorandum required under subsection (c), the Commandant, in coordination with the Chief Human Capital Officer of the Department of Homeland Security, shall submit a plan to carry out the recommendations or the parts of the recommendations accepted in the final action memorandum to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (2)  Strategy with milestones If any recommendation or parts of recommendations accepted in the final action memorandum address any of the following actions, then the plan required in paragraph (1) shall include a strategy with appropriate milestones to carry out such recommendations or parts of recommendations: (A) Improve outreach and recruitment of a more diverse Coast Guard Academy cadet candidate pool based on race, ethnicity, gender, religion, sexual orientation, socioeconomic background, and geographic origin. (B) Modify institutional structures, practices, and policies to foster a more diverse cadet corps body, faculty, and staff workforce based on race, ethnicity, gender, religion, sexual orientation, socioeconomic background, and geographic origin. (C) Modify existing or establish new policies and safeguards to foster the retention of cadets, faculty, and staff of different races, ethnicities, genders, religions, sexual orientations, socioeconomic backgrounds, and geographic origins at the Coast Guard Academy. (D) Restructure the admissions office of the Coast Guard Academy to be headed by a civilian with significant relevant higher education recruitment experience. (3)  Implementation Unless otherwise directed by an Act of Congress, the Commandant shall begin implementation of the plan developed under this subsection not later than 180 days after the submission of such plan to Congress. (4)  Update The Commandant shall include in the first annual report required under chapter 51 of title 14, United States Code, as amended by this division, submitted after the date of enactment of this section [ Jan. 1, 2021  1902. Policy on sexual harassment and sexual violence (a)  Required Policy The Commandant shall direct the Superintendent of the Coast Guard Academy to prescribe a policy on sexual harassment and sexual violence applicable to the cadets and other personnel of the Academy. (b)  Matters To Be Specified in Policy The policy on sexual harassment and sexual violence under this section shall include specification of the following: (1) Programs to promote awareness of the incidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that involve cadets or other Academy personnel. (2) Information about how the Coast Guard and the Academy will protect the confidentiality of victims of sexual harassment or sexual violence, including how any records, statistics, or reports intended for public release will be formatted such that the confidentiality of victims is not jeopardized. (3) Procedures that cadets and other Academy personnel should follow in the case of an occurrence of sexual harassment or sexual violence, including (A) if the victim chooses to report an occurrence of sexual harassment or sexual violence, a specification of the individual or individuals to whom the alleged offense should be reported and options for confidential reporting, including written information to be given to victims that explains how the Coast Guard and the Academy will protect the confidentiality of victims; (B) a specification of any other individual whom the victim should contact; and (C) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault. (4) Procedures for disciplinary action in cases of criminal sexual assault involving a cadet or other Academy personnel. (5) Sanctions authorized to be imposed in a substantiated case of sexual harassment or sexual violence involving a cadet or other Academy personnel, including with respect to rape, acquaintance rape, or other criminal sexual offense, whether forcible or nonforcible. (6) Required training on the policy for all cadets and other Academy personnel who process allegations of sexual harassment or sexual violence involving a cadet or other Academy personnel. (c)  Assessment. (1)  In general The Commandant shall direct the Superintendent to conduct at the Academy during each Academy program year an assessment to determine the effectiveness of the policies of the Academy with respect to sexual harassment and sexual violence involving cadets or other Academy personnel. (2)  Biennial survey For the assessment at the Academy under paragraph (1) with respect to an Academy program year that begins in an odd-numbered calendar year, the Superintendent shall conduct a survey of cadets and other Academy personnel (A) to measure (i) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have been reported to an official of the Academy; and (ii) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have not been reported to an official of the Academy; and (B) to assess the perceptions of the cadets and other Academy personnel with respect to (i) the Academys policies, training, and procedures on sexual harassment and sexual violence involving cadets or other Academy personnel; (ii) the enforcement of such policies; (iii) the incidence of sexual harassment and sexual violence involving cadets or other Academy personnel; and (iv) any other issues relating to sexual harassment and sexual violence involving cadets or other Academy personnel. (d)  Report. (1)  In general The Commandant shall direct the Superintendent to submit to the Commandant a report on sexual harassment and sexual violence involving cadets or other Academy personnel for each Academy program year. (2)  Report specifications Each report under paragraph (1) shall include, for the Academy program year covered by the report, the following: (A) The number of sexual assaults, rapes, and other sexual offenses involving cadets or other Academy personnel that have been reported to Academy officials during the Academy program year and, of those reported cases, the number that have been substantiated. (B) A plan for the actions that are to be taken in the following Academy program year regarding prevention of and response to sexual harassment and sexual violence involving cadets or other Academy personnel. (3)  Biennial survey Each report under paragraph (1) for an Academy program year that begins in an odd-numbered calendar year shall include the results of the survey conducted in that Academy program year under subsection (c)(2). (4)  Transmission of report The Commandant shall transmit each report received by the Commandant under this subsection, together with the Commandants comments on the report, to (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Transportation and Infrastructure of the House of Representatives. (5)  Focus groups. (A)  In general For each Academy program year with respect to which the Superintendent is not required to conduct a survey at the Academy under subsection (c)(2), the Commandant shall require focus groups to be conducted at the Academy for the purposes of ascertaining information relating to sexual assault and sexual harassment issues at the Academy. (B)  Inclusion in reports Information derived from a focus group under subparagraph (A) shall be included in the next transmitted Commandants report under this subsection. (e)  Victim Confidentiality To the extent that information collected under the authority of this section is reported or otherwise made available to the public, such information shall be provided in a form that is consistent with applicable privacy protections under Federal law and does not jeopardize the confidentiality of victims. (Added Pub. L. 112213, title II,  205(a) Dec. 20, 2012 126 Stat. 1543 Pub. L. 115232, div. C, title XXXV,  3531(c)(9) Aug. 13, 2018 132 Stat. 2320 Pub. L. 115282, title I,  110(b) Dec. 4, 2018 132 Stat. 4212 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4748  Editorial Notes Amendments 2021Subsec. (b)(3)(A). Pub. L. 116283,  8505(a)(11)(A) Subsec. (b)(3)(B). Pub. L. 116283,  8505(a)(11)(B) 2018 Pub. L. 115282 section 200 of this title Subsec. (a). Pub. L. 115232 Statutory Notes and Related Subsidiaries Policy for Military Service Academies on Separation of Alleged Victims and Alleged Perpetrators in Incidents of Sexual Assault Secretary of Defense to consult with Secretaries of the military departments and Superintendent of each military service academy and prescribe in regulations a policy that allows a cadet or midshipman of a military service academy who is the alleged victim or alleged perpetrator of a sexual assault to complete their course of study at the academy with minimal disruption and does not preclude the academy from taking other administrative or disciplinary action, see section 539 of Pub. L. 116283 section 7461 of Title 10 Expedited Transfer in Cases of Sexual Assault; Dependents of Members of the Coast Guard Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4688 Not later than 180 days after the date of the enactment of this Act [ Jan. 1, 2021 Applicability of Sexual Assault Prevention and Response and Related Military Justice Enhancements to Coast Guard Academy Pub. L. 113291, div. A, title V,  552(b) Dec. 19, 2014 128 Stat. 3377 The Secretary of the Department in which the Coast Guard is operating shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 11366 127 Stat. 950  531547 of title V of div. A of Pub. L. 113291  1903. Annual Board of Visitors (a)  In General A Board of Visitors to the Coast Guard Academy is established to review and make recommendations on the operation of the Academy. (b)  Membership. (1)  In general The membership of the Board shall consist of the following: (A) The chairman of the Committee on Commerce, Science, and Transportation of the Senate, or the chairmans designee. (B) The chairman of the Committee on Transportation and Infrastructure of the House of Representatives, or the chairmans designee. (C) 3 Members of the Senate designated by the Vice President. (D) 4 Members of the House of Representatives designated by the Speaker of the House of Representatives. (E) 6 individuals designated by the President. (2)  Length of service. (A)  Members of congress A Member of Congress designated under subparagraph (C) or (D) of paragraph (1) as a member of the Board shall be designated as a member in the First Session of a Congress and serve for the duration of that Congress. (B)  Individuals designated by the president Each individual designated by the President under subparagraph (E) of paragraph (1) shall serve as a member of the Board for 3 years, except that any such member whose term of office has expired shall continue to serve until a successor is appointed by the President. (3)  Death or resignation of a member If a member of the Board dies or resigns, a successor shall be designated for any unexpired portion of the term of the member by the official who designated the member. (c)  Academy Visits. (1)  Annual visit The Board shall visit the Academy annually to review the operation of the Academy. (2)  Additional visits With the approval of the Secretary, the Board or individual members of the Board may make other visits to the Academy in connection with the duties of the Board or to consult with the Superintendent of the Academy. (d)  Scope of Review The Board shall review, with respect to the Academy (1) the state of morale and discipline; (2) recruitment and retention, including diversity, inclusion, and issues regarding women specifically; (3) the curriculum; (4) instruction; (5) physical equipment; (6) fiscal affairs; and (7) other matters relating to the Academy that the Board determines appropriate. (e)  Report Not later than 60 days after the date of an annual visit of the Board under subsection (c)(1), the Board shall submit to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report on the actions of the Board during such visit and the recommendations of the Board pertaining to the Academy. (f)  Advisors If approved by the Secretary, the Board may consult with advisors in carrying out this section. (g)  Reimbursement Each member of the Board and each adviser consulted by the Board under subsection (f) shall be reimbursed, to the extent permitted by law, by the Coast Guard for actual expenses incurred while engaged in duties as a member or adviser. ( Aug. 4, 1949, ch. 393 63 Stat. 510 Pub. L. 101595, title III,  304 Nov. 16, 1990 104 Stat. 2984 Pub. L. 107295, title IV,  408(a)(1) Nov. 25, 2002 116 Stat. 2117 Pub. L. 113281, title II,  211 Dec. 18, 2014 128 Stat. 3027 Pub. L. 115282, title I,  110(b) Dec. 4, 2018 132 Stat. 4212 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4687 Pub. L. 11781, div. A, title V,  554(d) Dec. 27, 2021 135 Stat. 1738  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  15h ( Apr. 16, 1937, ch. 107,  7 50 Stat. 67 July 15, 1939, ch. 288 53 Stat. 1044 Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2021Subsec. (b)(2)(B). Pub. L. 11781 Subsec. (d)(2) to (7). Pub. L. 116283 2018 Pub. L. 115282 section 194 of this title 2014 Pub. L. 113281 2002Subsec. (b)(2), (5). Pub. L. 107295 1990 Pub. L. 101595 (a) In addition to the Advisory Committee, there shall be appointed in January of each year a Board of Visitors to the Academy, consisting of two Senators and three members of the House of Representatives, appointed by the chairmen of the committees of the Senate and House of Representatives, respectively, having cognizance of legislation pertaining to the Academy, the chairmen of said committees being ex officio members of the Board, and of one Senator and two members of the House of Representatives appointed by the President of the Senate and the Speaker of the House of Representatives, respectively. Whenever a member or an ex officio member is unable to attend the annual meeting as provided in this section another member may be appointed in his stead in the manner as herein provided but without restriction as to month of appointment. (b) Such Board shall visit the Academy annually on a date to be fixed by the Secretary. Each member of the Board shall be reimbursed from Coast Guard appropriations under Government travel regulations for the actual expense incurred by him while engaged in duties as a member of such Board, or such actual expenses as permitted under such regulations shall be defrayed by the Coast Guard.  1904. Advisory Board on Women at the Coast Guard Academy (a)  In General The Superintendent of the Academy shall establish at the Coast Guard Academy an advisory board to be known as the Advisory Board on Women at the Coast Guard Academy (referred to in this section as the Advisory Board). (b)  Membership The Advisory Board shall be composed of not fewer than 12 current cadets of the Coast Guard Academy, including not fewer than 3 cadets from each current class. (c)  Appointment; Term Cadets shall serve on the Advisory Board pursuant to appointment by the Superintendent of the Academy. Appointments shall be made not later than 60 days after the date of the swearing in of a new class of cadets at the Academy. The term of membership of a cadet on the Advisory Board shall be 1 academic year. (d)  Reappointment The Superintendent of the Academy may reappoint not more than 6 cadets from the previous term to serve on the Advisory Board for an additional academic year if the Superintendent of the Academy determines such reappointment to be in the best interests of the Coast Guard Academy. (e)  Meetings The Advisory Board shall meet with the Commandant at least once each academic year on the activities of the Advisory Board. The Advisory Board shall meet in person with the Superintendent of the Academy not less than twice each academic year on the duties of the Advisory Board. (f)  Duties The Advisory Board shall identify opportunities and challenges facing cadets at the Academy who are women, including an assessment of culture, leadership development, and access to health care of cadets at the Academy who are women. (g)  Working Groups The Advisory Board may establish one or more working groups to assist the Advisory Board in carrying out its duties, including working groups composed in part of cadets at the Academy who are not current members of the Advisory Board. (h)  Reports and Briefings The Advisory Board shall regularly provide the Commandant and the Superintendent reports and briefings on the results of its duties, including recommendations for actions to be taken in light of such results. Such reports and briefings may be provided in writing, in person, or both. (Added Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4651  Editorial Notes Prior Provisions A prior section 1904 was renumbered section 1906 of this title  1905. Coast Guard Academy minority outreach team program (a)  In General There is established within the Coast Guard Academy a minority outreach team program (in this section referred to as the Program) under which officers, including minority officers and officers from territories and other possessions of the United States, who are Academy graduates may volunteer their time to recruit minority students and strengthen cadet retention through mentorship of cadets. (b)  Administration Not later than January 1, 2021 (1) overseeing administration of the Program; (2) serving as a resource to volunteers and outside stakeholders; (3) advising Academy leadership on recruitment and retention efforts based on recommendations from volunteers and outside stakeholders; (4) establishing strategic goals and performance metrics for the Program with input from active volunteers and Academy leadership; and (5) reporting annually to the Commandant on academic year and performance outcomes of the goals for the Program before the end of each academic year. (Added Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4685  1906. Participation in Federal, State, or other educational research grants (a)  In General Notwithstanding any other provision of law, the United States Coast Guard Academy may compete for and accept Federal, State, or other educational research grants, subject to the following limitations: (1) No award may be accepted for the acquisition or construction of facilities. (2) No award may be accepted for the routine functions of the Academy. (b)  Qualified Organizations. (1)  In general The Commandant may (A) enter into a contract, cooperative agreement, lease, or licensing agreement with a qualified organization; (B) allow a qualified organization to use, at no cost, personal property of the Coast Guard; and (C) notwithstanding section 504, accept funds, supplies, and services from a qualified organization. (2)  Sole-source basis Notwithstanding chapter 65 of title 31 and sections 3201 through 3205 of title 10, the Commandant may enter into a contract or cooperative agreement under paragraph (1)(A) on a sole-source basis. (3)  Maintaining fairness, objectivity, and integrity The Commandant shall ensure that contributions under this subsection do not (A) reflect unfavorably on the ability of the Coast Guard, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner; or (B) compromise the integrity or appearance of integrity of any program of the Coast Guard, or any individual involved in such a program. (4)  Limitation For purposes of this subsection, employees or personnel of a qualified organization shall not be employees of the United States. (5)  Qualified organization defined In this subsection the term qualified organization means an organization (A) described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; and (B) established by the Coast Guard Academy Alumni Association solely for the purpose of supporting academic research and applying for and administering Federal, State, or other educational research grants on behalf of the Coast Guard Academy. (Added Pub. L. 103206, title III,  305(a) Dec. 20, 1993 107 Stat. 2424 Pub. L. 114120, title II,  218 Feb. 8, 2016 130 Stat. 47 Pub. L. 115232, div. C, title XXXV,  3531(c)(10) Aug. 13, 2018 132 Stat. 2320 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4212 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4650 Pub. L. 11781, div. A, title XVII,  1702(d)(3) Dec. 27, 2021 135 Stat. 2156  Editorial Notes  References in Text The Internal Revenue Code of 1986, referred to in subsec. (b)(5)(A), is classified generally to Title 26, Internal Revenue Code. Amendments 2021 Pub. L. 116283 section 1904 of this title Subsec. (b)(2). Pub. L. 11781 2018 Pub. L. 115282,  110(b) section 196 of this title Subsec. (b)(1). Pub. L. 115232 Subsec. (b)(1)(C). Pub. L. 115282,  123(b)(2) 2016 Pub. L. 114120 SUBCHAPTER II CADETS  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  110(c)(1)(B) Dec. 4, 2018 132 Stat. 4213  1921. Corps of Cadets authorized strength  The number of cadets appointed annually to the Academy shall be as determined by the Secretary but the number appointed in any one year shall not exceed six hundred. (Added Pub. L. 115282, title I,  110(c)(1)(B) Dec. 4, 2018 132 Stat. 4213  1922. Appointments  Appointments to cadetships shall be made under regulations prescribed by the Secretary, who shall determine age limits, methods of selection of applicants, term of service as a cadet before graduation, and all other matters affecting such appointments. In the administration of this section, the Secretary shall take such action as may be necessary and appropriate to insure 1 1 (Added Pub. L. 115282, title I,  110(c)(1)(B) Dec. 4, 2018 132 Stat. 4213  1923. Admission of foreign nationals for instruction; restrictions; conditions (a) A foreign national may not receive instruction at the Academy except as authorized by this section. (b) The President may designate not more than 36 foreign nationals whom the Secretary may permit to receive instruction at the Academy. (c) A foreign national receiving instruction under this section is entitled to the same pay, allowances, and emoluments, to be paid from the same appropriations, as a cadet appointed pursuant to section 1922 of this title (d) A foreign national receiving instruction under this section is (1) not entitled to any appointment in the Coast Guard by reason of his graduation from the Academy; and (2) subject to those regulations applicable to the Academy governing admission, attendance, discipline, resignation, discharge, dismissal, and graduation, except as may otherwise be prescribed by the Secretary. (Added Pub. L. 91278,  1(6) June 12, 1970 84 Stat. 304 Pub. L. 94468 Oct. 11, 1976 90 Stat. 2002 Pub. L. 112213, title II,  204 Dec. 20, 2012 126 Stat. 1543 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4212  Editorial Notes Amendments 2018 Pub. L. 115282,  110(b) section 195 of this title Subsec. (c). Pub. L. 115282,  123(c)(1) 2012Subsec. (c). Pub. L. 112213 Subsec. (d). Pub. L. 112213,  204(1) 1976 Pub. L. 94468 Subsec. (a). Pub. L. 94468 Subsec. (b). Pub. L. 94468 Subsec. (c). Pub. L. 94468 Subsec. (d). Pub. L. 94468  1924. Conduct  The Secretary may summarily dismiss from the Coast Guard any cadet who, during his cadetship, is found unsatisfactory in either studies or conduct, or may be deemed not adapted for a career in the Coast Guard. Cadets shall be subject to rules governing discipline prescribed by the Commandant. (Added Pub. L. 115282, title I,  110(c)(1)(C) Dec. 4, 2018 132 Stat. 4214  1925. Agreement (a) Each cadet shall sign an agreement with respect to the cadets length of service in the Coast Guard. The agreement shall provide that the cadet agrees to the following: (1) That the cadet will complete the course of instruction at the Coast Guard Academy. (2) That upon graduation from the Coast Guard Academy the cadet (A) will accept an appointment, if tendered, as a commissioned officer of the Coast Guard; and (B) will serve on active duty for at least five years immediately after such appointment. (3) That if an appointment described in paragraph (2) is not tendered or if the cadet is permitted to resign as a regular officer before the completion of the commissioned service obligation of the cadet, the cadet (A) will accept an appointment as a commissioned officer in the Coast Guard Reserve; and (B) will remain in that reserve component until completion of the commissioned service obligation of the cadet. (b) (1) The Secretary may transfer to the Coast Guard Reserve, and may order to active duty for such period of time as the Secretary prescribes (but not to exceed four years), a cadet who breaches an agreement under subsection (a). The period of time for which a cadet is ordered to active duty under this paragraph may be determined without regard to section 651(a) of title 10 (2) A cadet who is transferred to the Coast Guard Reserve under paragraph (1) shall be transferred in an appropriate enlisted grade or rating, as determined by the Secretary. (3) For the purposes of paragraph (1), a cadet shall be considered to have breached an agreement under subsection (a) if the cadet is separated from the Coast Guard Academy under circumstances which the Secretary determines constitute a breach by the cadet of the cadets agreement to complete the course of instruction at the Coast Guard Academy and accept an appointment as a commissioned officer upon graduation from the Coast Guard Academy. (c) The Secretary shall prescribe regulations to carry out this section. Those regulations shall include (1) standards for determining what constitutes, for the purpose of subsection (b), a breach of an agreement under subsection (a); (2) procedures for determining whether such a breach has occurred; and (3) standards for determining the period of time for which a person may be ordered to serve on active duty under subsection (b). (d) In this section, commissioned service obligation, with respect to an officer who is a graduate of the Academy, means the period beginning on the date of the officers appointment as a commissioned officer and ending on the sixth anniversary of such appointment or, at the discretion of the Secretary, any later date up to the eighth anniversary of such appointment. (e) (1) This section does not apply to a cadet who is not a citizen or national of the United States. (2) In the case of a cadet who is a minor and who has parents or a guardian, the cadet may sign the agreement required by subsection (a) only with the consent of the parent or guardian. (f) A cadet or former cadet who does not fulfill the terms of the obligation to serve as specified under section (a), or the alternative obligation imposed under subsection (b), shall be subject to the repayment provisions of section 303a(e) of title 37 (Added Pub. L. 115282, title I,  110(c)(1)(C) Dec. 4, 2018 132 Stat. 4214  1926. Cadet applicants; preappointment travel to Academy  The Secretary is authorized to expend appropriated funds for selective preappointment travel to the Academy for orientation visits of cadet applicants. (Added Pub. L. 98557,  24(a) Oct. 30, 1984 98 Stat. 2872 Pub. L. 115282, title I,  110(b) Dec. 4, 2018 132 Stat. 4212  Editorial Notes Amendments 2018 Pub. L. 115282 section 181a of this title  1927. Cadets; initial clothing allowance  The Secretary may prescribe a sum which shall be credited to each new cadet upon first admission to the Academy, to cover the cost of an initial clothing and equipment issue, which sum shall be deducted subsequently from the pay of such cadet. Each cadet discharged prior to graduation who is indebted to the United States on account of advances of pay to purchase required clothing and equipment shall be required to turn in to the Academy all clothing and equipment of a distinctively military nature to the extent required to discharge such indebtedness; and, if the value of such clothing and equipment so turned in does not cover the indebtedness incurred, then such indebtedness shall be canceled. ( Aug. 4, 1949, ch. 393 63 Stat. 508 Aug. 22, 1951, ch. 340,  3 65 Stat. 196 Pub. L. 115282, title I,  110(b) Dec. 4, 2018 132 Stat. 4212 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4752  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  15 ( June 23, 1906, ch. 3520,  2 34 Stat. 452 Jan. 28, 1915, ch. 20,  1 38 Stat. 800 July 3, 1926, ch. 742,  6 44 Stat. 816 July 30, 1937, ch. 545,  5 50 Stat. 549 Said section has been divided. That part dealing with clothing allowance for cadets is placed in this section and the other parts are incorporated in section 182 of this title Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 183 of this title 1951Act Aug. 22, 1951  1928. Cadets; degree of bachelor of science  The Superintendent of the Academy may, under such rules and regulations as the Secretary shall prescribe, confer the degree of bachelor of science upon all graduates of the Academy and may, in addition, confer the degree of bachelor of science upon such other living graduates of the Academy as shall have met the requirements of the Academy for such degree. ( Aug. 4, 1949, ch. 393 63 Stat. 508 Pub. L. 115282, title I,  110(b) Dec. 4, 2018 132 Stat. 4212  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  15a ( May 25, 1933, ch. 37 48 Stat. 73 July 8, 1937, ch. 447 50 Stat. 477 Aug. 9, 1946, ch. 928 60 Stat. 961 Changes in phraseology were made inasmuch as the Academy is now accredited by the Association of American Universities. It was not so accredited when the section was enacted. Inasmuch as the acts cited above apply equally to the Military Academy and the Naval Academy, as well as the Coast Guard Academy, they are not scheduled for repeal but are being amended by section 13 of this act to eliminate reference to the Coast Guard. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 184 of this title  1929. Cadets; appointment as ensign  The President may, by and with the advice and consent of the Senate, appoint as ensigns in the Coast Guard all cadets who shall graduate from the Academy. Ensigns so commissioned on the same date shall take rank according to their proficiency as shown by the order of their merit at date of graduation. ( Aug. 4, 1949, ch. 393 63 Stat. 508 Pub. L. 115282, title I,  110(b) Dec. 4, 2018 132 Stat. 4212  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  15a1 ( May 25, 1943, ch. 99 57 Stat. 84 Said section has been divided. The proviso is incorporated in section 182 of this title The last sentence of this section is new as a statute; it makes statutory what has been the practice of years, and is similar to the third sentence of title 34, U.S.C., 1946 ed.,  1057, applicable to graduates of the Naval Academy. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 185 of this title  1930. Cadets: charges and fees for attendance; limitation (a)  Prohibition Except as provided in subsection (b), no charge or fee for tuition, room, or board for attendance at the Academy may be imposed unless the charge or fee is specifically authorized by a law enacted after October 5, 1994 (b)  Exception The prohibition specified in subsection (a) does not apply with respect to any item or service provided to cadets for which a charge or fee is imposed as of October 5, 1994 (Added Pub. L. 108375, div. A, title V,  545(d)(1) Oct. 28, 2004 118 Stat. 1909 Pub. L. 113281, title II,  222(2) Dec. 18, 2014 128 Stat. 3038 Pub. L. 115282, title I,  110(b) Dec. 4, 2018 132 Stat. 4212  Editorial Notes Amendments 2018 Pub. L. 115282 section 197 of this title 2014Subsec. (b). Pub. L. 113281 SUBCHAPTER III FACULTY  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  110(c)(1)(D) Dec. 4, 2018 132 Stat. 4215  1941. Civilian teaching staff (a) The Secretary may appoint in the Coast Guard such number of civilian faculty members at the Academy as the needs of the Service may require. They shall have such titles and perform duties as prescribed by the Secretary. Leaves of absence and hours of work for civilian faculty members shall be governed by regulations promulgated by the Secretary, without regard to the provisions of title 5. (b) The compensation of individuals employed under this section is as prescribed by the Secretary. ( Aug. 4, 1949, ch. 393 63 Stat. 509 Sept. 3, 1954, ch. 1263,  32 68 Stat. 1238 Pub. L. 86474,  1(9) May 14, 1960 74 Stat. 145 Pub. L. 89444,  1(9) June 9, 1966 80 Stat. 195 Pub. L. 94546,  1(14) Oct. 18, 1976 90 Stat. 2520 Pub. L. 115282, title I,  110(b) Dec. 4, 2018 132 Stat. 4212 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4748  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  15d ( Apr. 16, 1937, ch. 107,  3 50 Stat. 67 May 2, 1942, ch. 273 56 Stat. 265 The last sentence is new and is inserted to permit adjustment of the work load and leave schedule of Academy faculty members due to the peculiarity of the academic schedule. The last sentence of this section is new, being included in order to allow for adjusting the working time and leave of civilian instructors in conformity with the academic terms at the Academy. The work load of an instructor varies greatly, and flexibility in administration of a faculty is therefore essential. The leave provided for civil service employees does not fit the needs of an instruction staff, and this has been a source of difficulty in the past. This new provision would permit leave during the summer and between academic terms without deduction from pay, and, it is contemplated, at no other time. Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2021Subsec. (b). Pub. L. 116283 2018 Pub. L. 115282 section 186 of this title 1976Subsec. (a). Pub. L. 94546 1966Subsec. (a). Pub. L. 89444,  1(9)(A) Subsec. (b). Pub. L. 89444,  1(9)(C) 1960 Pub. L. 86474 1954Act Sept. 3, 1954  1942. Permanent commissioned teaching staff; composition  The permanent commissioned teaching staff at the Academy shall consist of professors, associate professors, assistant professors and instructors, in such numbers as the needs of the Service require. They shall perform duties as prescribed by the Commandant, and exercise command only in the academic department of the Academy. ( Aug. 4, 1949, ch. 393 63 Stat. 509 Pub. L. 86474,  1(10) May 14, 1960 74 Stat. 145 Pub. L. 115282, title I,  110(b) Dec. 4, 2018 132 Stat. 4212  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  15b, 15c ( Apr. 16, 1937, ch. 107 50 Stat. 66 May 2, 1942, ch. 273 56 Stat. 265 Section 15b of title 14 section 188 of this title Section 15c of title 14 section 189 of this title The composition of the teaching staff at the Academy is changed materially on the recommendation of the Academic Board and the Advisory Committee. The scope of duty of members of the staff is enlarged to include whatever the Commandant prescribes. Title 14, U.S.C., 1946 ed.,  15b provides for five professors as heads or assistant heads of departments at the Academy. The Academic Board of the Academy and the Advisory Committee, after extensive study have recommended the change, as provided in this section, to three professors and twelve others on the permanent teaching staff, with designations to conform generally with the designations and grades of faculty members at other universities. The librarian is given faculty status because of the role of the library as the center of the modern university; this is in conformity with the practice of other higher educational institutions. It is believed that the increased number of permanent commissioned instructors is justified and desirable in view of the expansion of the Cadet Corps as the full effect of the return to a four-year course is felt. It is probable that, in the next few years, the number of cadets will approximate 450. The average number in the past two years has been about 300. This new set-up for the permanent commissioned teaching staff will permit desirable exchanges of professors with leading universities, and occasional sabbatical leaves in order to better the faculty generally. It is pointed out that this increase in permanent instructors does not increase the authorized number of officers in the Coast Guard, as they are all included in the limitation provided in section 42 of this title Editorial Notes Amendments 2018 Pub. L. 115282 section 187 of this title 1960 Pub. L. 86474  1943. Appointment of permanent commissioned teaching staff  The President may appoint in the Coast Guard, by and with the advice and consent of the Senate, the professors, associate professors, assistant professors, and instructors who are to serve on the permanent commissioned teaching staff of the Academy. An original appointment to the permanent commissioned teaching staff, unless the appointee has served as a civilian member of the teaching staff, regular commissioned officer, temporary commissioned officer, or reserve commissioned officer in the Coast Guard, shall be a temporary appointment until the appointee has satisfactorily completed a probationary term of four years of service; thereafter he may be regularly appointed and his rank shall date from the date of his temporary appointment in the grade in which permanently appointed. ( Aug. 4, 1949, ch. 393 63 Stat. 509 Pub. L. 86474,  1(11) May 14, 1960 74 Stat. 145 Pub. L. 94546,  1(15) Oct. 18, 1976 90 Stat. 2520 Pub. L. 115282, title I,  110(b) Dec. 4, 2018 132 Stat. 4212  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  15b ( Apr. 16, 1937, ch. 107,  1 50 Stat. 66 May 2, 1942, ch. 273 56 Stat. 265 Said section has been divided. That part of the first sentence which provides for the composition of the teaching staff is incorporated in section 187 of this title This section incorporates the following changes because of the new plan for the permanent teaching staff: the President is authorized to appoint a candidate to any of the grades prescribed; and the probationary term, applicable unless the candidate has served in the Coast Guard as prescribed in this section, is increased from two to four years. Authorization for appointment in any grade is deemed desirable in order to permit the acquisition of outstanding instructors for the staff. It is believed that the former two-year period was too short to fully evaluate the capabilities of a temporary appointee. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 188 of this title 1976 Pub. L. 94546 1960 Pub. L. 86474  1944. Grade of permanent commissioned teaching staff  Professors shall be commissioned officers with grade not above captain, associate and assistant professors with grade not above commander, and instructors with grade not above lieutenant commander. All officers of the permanent commissioned teaching staff shall receive the pay and allowances of other commissioned officers of the same grade and length of service. When any such professor, associate professor, assistant professor, or instructor is appointed or commissioned with grade less than the highest grade permitted, he shall be promoted under regulations prescribed by the Secretary. ( Aug. 4, 1949, ch. 393 63 Stat. 509 Pub. L. 86474,  1(12) May 14, 1960 74 Stat. 145 Pub. L. 115282, title I,  110(b) Dec. 4, 2018 132 Stat. 4212  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  15c ( Apr. 16, 1937, ch. 107,  2 50 Stat. 66 Said section has been divided. The last sentence is incorporated in section 187 of this title The limitation on grade of professors is raised from Commander to Captain, and other limitations as to grades within the new permanent commissioned teaching staff are established. This section prescribes the relative ranks for the various grades in the permanent commissioned teaching staff, establishes the pay as heretofore, and provides for promotion as the Secretary shall prescribe. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 189 of this title 1960 Pub. L. 86474  1945. Retirement of permanent commissioned teaching staff  Professors, associate professors, assistant professors, and instructors in the Coast Guard shall be subject to retirement or discharge from active service for any cause on the same basis as other commissioned officers of the Coast Guard, except that they shall not be required to retire from active service under the provisions of section 2149 of this title section 2150 of this title ( Aug. 4, 1949, ch. 393 63 Stat. 509 Pub. L. 86474,  1(13) May 14, 1960 74 Stat. 145 Pub. L. 88130,  1(8) Sept. 24, 1963 77 Stat. 175 Pub. L. 89444,  1(10) June 9, 1966 80 Stat. 196 Pub. L. 91278,  1(5) June 12, 1970 84 Stat. 304 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4212  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  15f ( Apr. 16, 1937, ch. 107,  5 50 Stat. 67 The provision prohibiting the retirement of a professor because of physical disability with less than 15 years service is changed to have application only during the temporary appointment of a professor. This section provides for the retirement of associate professors, assistant professors, and commissioned instructors in addition to professors. It is believed that the provision of existing law requiring 15 years service before becoming eligible for retirement, discriminated against this group of officers as no other group was discriminated against, and should be eliminated. It was changed so that these officers would be ineligible for retirement during their probationary term only. Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282,  123(b)(2) Pub. L. 115282,  110(b) section 190 of this title 1970 Pub. L. 91278 1966 Pub. L. 89444 1963 Pub. L. 88130 section 288 of this title section 289 of this title 1960 Pub. L. 86474  1946. Credit for service as member of civilian teaching staff  Service as a member of the civilian teaching staff at the Academy in addition to creditable services authorized by any other law in any of the military services rendered prior to an appointment as professor, associate professor, assistant professor, or instructor shall be credited in computing length of service as a professor, associate professor, assistant professor, or instructor for purposes of pay and allowances. ( Aug. 4, 1949, ch. 393 63 Stat. 510 Pub. L. 86474,  1(14) May 14, 1960 74 Stat. 146 Pub. L. 115282, title I,  110(b) Dec. 4, 2018 132 Stat. 4212  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  15e ( Apr. 16, 1937, ch. 107,  4 50 Stat. 67 Changes in phraseology were made in order to adapt the section to the new structure of the permanent commissioned teaching staff. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 191 of this title 1960 Pub. L. 86474  1947. Assignment of personnel as instructors  The Commandant may assign any member to appropriate instruction duty at the Academy. ( Aug. 4, 1949, ch. 393 63 Stat. 510 Pub. L. 98557,  15(a)(3)(H) Oct. 30, 1984 98 Stat. 2865 Pub. L. 115282, title I,  110(b) Dec. 4, 2018 132 Stat. 4212  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  15i ( Apr. 16, 1937, ch. 107,  8 50 Stat. 67 Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 192 of this title 1984 Pub. L. 98557  1948. Marine safety curriculum  The Commandant shall ensure that professional courses of study in marine safety are provided at the Coast Guard Academy, and during other officer accession programs, to give Coast Guard cadets and other officer candidates a background and understanding of the marine safety program. These courses may include such topics as program history, vessel design and construction, vessel inspection, casualty investigation, and administrative law and regulations. (Added Pub. L. 111281, title V,  525(a) Oct. 15, 2010 124 Stat. 2959 Pub. L. 111330,  1(7)(A) Dec. 22, 2010 124 Stat. 3569 Pub. L. 115232, div. C, title XXXV,  3531(c)(11) Aug. 13, 2018 132 Stat. 2320 Pub. L. 115282, title I,  110(b) Dec. 4, 2018 132 Stat. 4212  Editorial Notes Amendments 2018 Pub. L. 115282 section 199 of this title Pub. L. 115232 2010 Pub. L. 111330 Pub. L. 111281,  525(a) section 200 of this title Statutory Notes and Related Subsidiaries Effective Date of 2010 Amendment Pub. L. 111330,  1 Dec. 22, 2010 124 Stat. 3569 Pub. L. 111281 CHAPTER 21 PERSONNEL; OFFICERS    SUBCHAPTER IAPPOINTMENT AND PROMOTION  Sec.  2101. Original appointment of permanent commissioned officers.  2102. Active duty promotion list.  2103. Number and distribution of commissioned officers on active duty promotion list.  2104. Appointment of temporary officers.  2105. Rank of warrant officers.  2106. Selection boards; convening of boards.  2107. Selection boards; composition of boards.  2108. Selection boards; notice of convening; communication with board.  2109. Selection boards; oath of members.  2110. Number of officers to be selected for promotion.  2111. Promotion zones.  2112. Promotion year; defined.  2113. Eligibility of officers for consideration for promotion.  2114. United States Deputy Marshals in Alaska.  2115. Selection boards; information to be furnished boards.  2116. Officers to be recommended for promotion.  2117. Selection boards; reports.  2118. Selection boards; submission of reports.  2119. Failure of selection for promotion.  2120. Special selection boards; correction of errors.  2120a. Special selection review boards.  2121. Promotions; appointments.  2122. Removal of officer from list of selectees for promotion.  2123. Promotions; acceptance; oath of office.  2124. Promotions; pay and allowances.  2125. Wartime temporary service promotions.  2126. Promotion of officers not included on active duty promotion list.  2127. Recall to active duty during war or national emergency.  2128. Recall to active duty with consent of officer.  2129. Aviation cadets; appointment as Reserve officers.  2130. Promotion to certain grades for officers with critical skills: captain, commander, lieutenant commander, lieutenant.  2131. College student pre-commissioning initiative.  SUBCHAPTER IIDISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS; SEPARATION FOR CAUSE  2141. Revocation of commissions during first five years of commissioned service.  2142. Regular lieutenants (junior grade); separation for failure of selection for promotion.  2143. Regular lieutenants; separation for failure of selection for promotion; continuation.  2144. Regular Coast Guard; officers serving under temporary appointments.  2145. Regular lieutenant commanders and commanders; retirement for failure of selection for promotion.  2146. Discharge in lieu of retirement; separation pay.  2147. Regular warrant officers: separation pay.  2148. Separation for failure of selection for promotion or continuation; time of.  2149. Regular captains; retirement.  2150. Captains; continuation on active duty; involuntary retirement.  2151. Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retirement.  2152. Voluntary retirement after twenty years service.  2153. Voluntary retirement after thirty years service.  2154. Compulsory retirement.  2155. Retirement for physical disability after selection for promotion; grade in which retired.  2156. Deferment of retirement or separation for medical reasons.  2157. Flag officers.  2158. Review of records of officers.  2159. Boards of inquiry.  2160. Boards of review.  2161. Composition of boards.  2162. Rights and procedures.  2163. Removal of officer from active duty; action by Secretary.  2164. Officers considered for removal; retirement or discharge; separation benefits.  2165. Relief of retired officer promoted while on active duty.  2166. Continuation on active duty; Coast Guard officers with certain critical skills.  SUBCHAPTER IIIGENERAL PROVISIONS  2181. Physical fitness of officers.  2182. Multirater assessment of certain personnel.  Editorial Notes Prior Provisions A prior analysis for chapter 21 COAST GUARD RESERVE consisted of items 701 Organization, 702 Authorized strength, 703 Coast Guard Reserve Boards, 704 Grades and ratings; military authority, 705 Benefits, 706 Temporary members of the Reserve; eligibility and compensation, 707 Temporary members of the Reserve; disability or death benefits, 708 Temporary members of the Reserve; certificate of honorable service, 709 Reserve student aviation pilots; Reserve aviation pilots; appointments in commissioned grade, 709a Reserve student pre-commissioning assistance program, 710 Appointment or wartime promotion; retention of grade upon release from active duty, 711 Exclusiveness of service, 712 Active duty for emergency augmentation of regular forces, 713 Enlistment of members engaged in schooling, 720 Definitions, 721 Applicability of this subchapter, 722 Suspension of this subchapter in time of war or national emergency, 723 Effect of this subchapter on retirement and retired pay, 724 Authorized number of officers, 725 Precedence, 726 Running mates, 727 Constructive credit upon initial appointment, 728 Promotion of Reserve officers on active duty, 729 Promotion; recommendations of selection boards, 730 Selection boards; appointment, 731 Establishment of promotion zones under running mate system, 732 Eligibility for promotion, 733 Recommendation for promotion of an officer previously removed from an active status, 734 Qualifications for promotion, 735 Promotion; acceptance; oath of office, 736 Date of rank upon promotion; entitlement to pay, 737 Type of promotion; temporary, 738 Effect of removal by the President or failure of consent of the Senate, 739 Failure of selection for promotion, 740 Failure of selection and removal from an active status, 741 Retention boards; removal from an active status to provide a flow of promotion, 742 Maximum ages for retention in an active status, 743 Rear admiral and rear admiral (lower half); maximum service in grade, 744 Appointment of a former Navy or Coast Guard officer, 745 Grade on entry upon active duty, and 746 Recall of a retired officer; grade upon release, prior to repeal by Pub. L. 115282, title I,  112(a) Dec. 4, 2018 132 Stat. 4215 Amendments 2022 Pub. L. 117263, div. K, title CXII Dec. 23, 2022 136 Stat. 4035 2021 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4645 2018 Pub. L. 115282, title I,  112(a) Dec. 4, 2018 132 Stat. 4215 SUBCHAPTER I APPOINTMENT AND PROMOTION  Editorial Notes Prior Provisions A prior subchapter A of chapter 21 designation and accompanying heading GENERAL were repealed by Pub. L. 115282, title I,  112(c)(1) Dec. 4, 2018 132 Stat. 4220 Amendments 2018 Pub. L. 115282, title I,  112(c)(2) Dec. 4, 2018 132 Stat. 4220 Statutory Notes and Related Subsidiaries Officer Evaluation Report Pub. L. 115282, title VIII,  803 Dec. 4, 2018 132 Stat. 4299  (a)  In General Not later than 3 years after the date of the enactment of this Act [ Dec. 4, 2018 (b)  Surveys Not later than 1 year after the date of the enactment of this Act, the Commandant of the Coast Guard shall conduct surveys of (1) outgoing promotion board members and assignment officers to determine, at a minimum (A) which sections of the officer evaluation report were most useful; (B) which sections of the officer evaluation report were least useful; (C) how to better reflect high performers; and (D) any recommendations for improving the officer evaluation report; and (2) at least 10 percent of the officers from each grade of officers from O1 to O6 to determine how much time each member of the rating chain spends on that members portion of the officer evaluation report. (c)  Revisions. (1)  In general Not later than 4 years after the date of the completion of the surveys required by subsection (b), the Commandant of the Coast Guard shall revise the officer evaluation report, and provide corresponding directions, taking into account the requirements under paragraph (2). (2)  Requirements In revising the officer evaluation report under paragraph (1), the Commandant shall (A) consider the findings of the surveys under subsection (b); (B) improve administrative efficiency; (C) reduce and streamline performance dimensions and narrative text; (D) eliminate redundancy with the officer specialty management system and any other record information systems that are used during the officer assignment or promotion process; (E) provide for fairness and equity for Coast Guard officers with regard to promotion boards, selection panels, and the assignment process; and (F) ensure officer evaluation responsibilities can be accomplished within normal working hours (i) to minimize any impact to officer duties; and (ii) to eliminate any need for an officer to take liberty or leave for administrative purposes. (d)  Report. (1)  In general Not later than 545 days after the date of the enactment of this Act [ Dec. 4, 2018 (2)  Format The report under paragraph (1) shall be formatted by each rank, type of board, and position, as applicable.  2101. Original appointment of permanent commissioned officers (a) (1) The President may appoint permanent commissioned officers in the Regular Coast Guard in grades appropriate to their qualification, experience, and length of service, as the needs of the Coast Guard may require, from among the following categories: (A) Graduates of the Coast Guard Academy. (B) Commissioned warrant officers, warrant officers, and enlisted members of the Regular Coast Guard. (C) Members of the Coast Guard Reserve who have served at least 2 years as such. (D) Licensed officers of the United States merchant marine who have served 2 or more years aboard a vessel of the United States in the capacity of a licensed officer. (2) Original appointments under this section in the grades of lieutenant commander and above shall be made by the President by and with the advice and consent of the Senate. (3) Original appointments under this section in the grades of ensign through lieutenant shall be made by the President alone. (b) No individual shall be appointed a commissioned officer under this section until his mental, moral, physical, and professional fitness to perform the duties of a commissioned officer has been established under such regulations as the Secretary shall prescribe. (c) Appointees under this section shall take precedence in the grade to which appointed in accordance with the dates of their commissions as commissioned officers in such grade. Appointees whose dates of commission are the same shall take precedence with each other as the Secretary shall determine. (d) For the purposes of this section, the term original, with respect to the appointment of a member of the Coast Guard, refers to that members most recent appointment in the Coast Guard that is neither a promotion nor a demotion. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 177 Pub. L. 89444,  1(11) June 9, 1966 80 Stat. 196 Pub. L. 98557,  15(a)(3)(B) Oct. 30, 1984 98 Stat. 2865 Pub. L. 109241, title II,  217(a) July 11, 2006 120 Stat. 525 Pub. L. 112213, title II,  206 Dec. 20, 2012 126 Stat. 1546 Pub. L. 115282, title I,  112(b) Dec. 4, 2018 132 Stat. 4216 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4748  Editorial Notes Amendments 2021Subsec. (b). Pub. L. 116283 2018 Pub. L. 115282 section 211 of this title 2012Subsec. (d). Pub. L. 112213 2006Subsec. (a). Pub. L. 109241 1984Subsec. (a)(2). Pub. L. 98557 1966Subsec. (a)(4). Pub. L. 89444 Statutory Notes and Related Subsidiaries Savings Provision Pub. L. 88130,  5 Sept. 24, 1963 77 Stat. 193 Pub. L. 89444,  3 June 9, 1966 80 Stat. 198  (a) Officers in each grade who have been recommended as qualified for temporary promotion under laws and regulations in effect the day before the effective date of this Act [ Sept. 24, 1963 Sept. 21, 1961 75 Stat. 538 section 435 of this title (b) Officers who have been recommended for promotion to the grade of rear admiral under laws and regulations in effect the day before the effective date of this Act but have not been promoted to that grade shall be promoted as if they had been so recommended in the approved report of a selection board convened under this Act. (c) The enactment of this Act does not terminate the appointment of any officer. (d) An officer of the Regular Coast Guard who on the day before the effective date of this Act had been promoted to and was serving on active duty in a temporary grade higher than his permanent grade shall be considered to have been promoted to that grade under section 271 [now 2121] of title 14, United States Code. (e) An officer of the Regular Coast Guard who was appointed as a temporary commissioned officer under any provision of law in effect prior to the effective date of this Act and who is serving on active duty shall be considered to have been appointed under section 214 [now 2104] of title 14, United States Code, and subject to the provisions thereof. An officer of the Regular Coast Guard who was appointed as a permanent commissioned officer under any provision of law in effect prior to the effective date of this Act [ Sept. 24, 1963 (f) Each officer who would have been required to retire on June 30, 1962 June 30, 1962 June 30, 1964 (g) The enactment of this Act does not increase or decrease the retired pay of any person retired on or prior to the effective date of this Act. (h) Notwithstanding section 1431 of title 10 Executive Documents  Ex. Ord. No. 14106. United States Coast Guard Officer Personnel Management Ex. Ord. No. 14106, Aug. 14, 2023 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3 Section (a) the authority vested in the President by section 2118(a) of title 14 (b) the authority vested in the President by sections 2118(b) and 2122(a) of title 14, United States Code, to remove a name of an officer from a selection board report or a list of selectees; (c) the authority vested in the President by section 2101 of title 14 section 2101(a)(1) of title 14 section 2101 of title 14 (d) the authority vested in the President by section 2121(e) of title 14 (e) the authority vested in the President by section 2104(a) of title 14 (f) the authority vested in the President by section 2150(f) of title 14 (g) the authority vested in the President by section 571(b) of title 10 (h) the authority vested in the President by sections 12241(b) and 571(b) of title 10, United States Code, to appoint by commission reserve chief warrant officers in the Coast Guard. Sec. section 2125 of title 14 section 2125 of title 14 (b) During a time of war or national emergency, the Secretary of Homeland Security is directed to perform the authority vested in the President by section 3733 of title 14 (c) The authority delegated to the Secretary of Homeland Security by this section may not be exercised during the time of a national emergency declared by the President, unless the exercise of any such authority is specifically directed by the President in accordance with section 301 of the National Emergencies Act ( 50 U.S.C. 1631 (d) The Secretary of Homeland Security shall ensure that actions taken pursuant to the authority delegated by this section are accounted for as required by section 401 of the National Emergencies Act ( 50 U.S.C. 1641 Sec. Sec. Sec. Sec. Sec. General Provisions (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.  J.R. Biden, Jr.  2102. Active duty promotion list (a) The Secretary shall maintain a single active duty promotion list of officers of the Coast Guard on active duty in the grades of ensign and above. Reserve officers on active duty, other than pursuant to an active duty agreement executed under section 12311 of title 10 (b) Officers shall be carried on the active duty promotion list in the order of seniority of the grades in which they are serving. Officers serving in the same grade shall be carried in the order of their seniority in that grade. The Secretary may correct any erroneous position on the active duty promotion list that was caused by administrative error. (c) An individual appointed in the grade of ensign or above in the Regular Coast Guard shall be placed on the active duty promotion list in the order of his date of rank and seniority. (d) A Reserve officer, other than one excluded by subsection (a), shall, when he enters on active duty, be placed on the active duty promotion list in accordance with his grade and seniority. The position of such a Reserve officer among other officers of the Coast Guard on active duty who have the same date of rank shall be determined by the Secretary. (Added Pub. L. 88130,  1(1) Sept. 24, 1963 77 Stat. 174 Pub. L. 91278,  1(2) June 12, 1970 84 Stat. 304 Pub. L. 93174,  1(1) Dec. 5, 1973 87 Stat. 692 Pub. L. 97136,  6(a) Dec. 29, 1981 95 Stat. 1706 Pub. L. 103206, title II,  205(a) Dec. 20, 1993 107 Stat. 2422 Pub. L. 103337, div. A, title XVI,  1677(b)(1) Oct. 5, 1994 108 Stat. 3019 Pub. L. 115282, title I,  112(b) Dec. 4, 2018 132 Stat. 4216 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4748  Editorial Notes Amendments 2021Subsec. (c). Pub. L. 116283 2018 Pub. L. 115282 section 41a of this title 1994Subsec. (a). Pub. L. 103337 section 12311 of title 10 section 679 of title 10 1993Subsec. (b). Pub. L. 103206 1981Subsec. (a). Pub. L. 97136,  6(a)(1) section 679 of title 10 Subsec. (b). Pub. L. 97136,  6(a)(2) Subsec. (d). Pub. L. 97136,  6(a)(3) 1973Subsec. (a). Pub. L. 93174 1970Subsec. (a). Pub. L. 91278 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103337 Dec. 1, 1994 section 1691 of Pub. L. 103337 section 10001 of Title 10  2103. Number and distribution of commissioned officers on active duty promotion list (a)  Maximum Total Number. (1)  In general The total number of Coast Guard commissioned officers on the active duty promotion list, excluding warrant officers, shall not exceed (A) 7,100 in fiscal year 2022; (B) 7,200 in fiscal year 2023; (C) 7,300 in fiscal year 2024; and (D) 7,400 in fiscal year 2025 and each subsequent fiscal year. (2)  Temporary increase Notwithstanding paragraph (1), the Commandant may temporarily increase the total number of commissioned officers permitted under such paragraph by up to 4 percent for not more than 60 days after the date of the commissioning of a Coast Guard Academy class. (3)  Notification Not later than 30 days after exceeding the total number of commissioned officers permitted under paragraphs (1) and (2), and each 30 days thereafter until the total number of commissioned officers no longer exceeds the number of such officers permitted under paragraphs (1) and (2), the Commandant 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 number of officers on the active duty promotion list on the last day of the preceding 30-day period. (b)  Distribution Percentages by Grade. (1)  Required The total number of commissioned officers authorized by this section shall be distributed in grade in the following percentages: 0.375 percent for rear admiral; 0.375 percent for rear admiral (lower half); 6.0 percent for captain; 15.0 percent for commander; and 22.0 percent for lieutenant commander. (2)  Discretionary The Secretary shall prescribe the percentages applicable to the grades of lieutenant, lieutenant (junior grade), and ensign. (3)  Authority of secretary to reduce percentage The Secretary (A) may reduce, as the needs of the Coast Guard require, any of the percentages set forth in paragraph (1); and (B) shall apply that total percentage reduction to any other lower grade or combination of lower grades. (c)  Computations. (1)  In general The Secretary shall compute, at least once each year, the total number of commissioned officers authorized to serve in each grade by applying the grade distribution percentages established by or under this section to the total number of commissioned officers listed on the current active duty promotion list. (2)  Rounding fractions Subject to subsection (a), in making the computations under paragraph (1), any fraction shall be rounded to the nearest whole number. (3)  Treatment of officers serving outside coast guard The number of commissioned officers on the active duty promotion list below the rank of vice admiral serving with other Federal departments or agencies on a reimbursable basis or excluded under section 324(d) of title 49 (d)  Use of Numbers; Temporary Increases The numbers resulting from computations under subsection (c) shall be, for all purposes, the authorized number in each grade; except that the authorized number for a grade is temporarily increased during the period between one computation and the next by the number of officers originally appointed in that grade during that period and the number of officers of that grade for whom vacancies exist in the next higher grade but whose promotion has been delayed for any reason. (e)  Officers Serving Coast Guard Academy and Reserve The number of officers authorized to be serving on active duty in each grade of the permanent commissioned teaching staff of the Coast Guard Academy and of the Reserve serving in connection with organizing, administering, recruiting, instructing, or training the reserve components shall be prescribed by the Secretary. ( Aug. 4, 1949, ch. 393 63 Stat. 497 July 20, 1956, ch. 647,  2 70 Stat. 588 Pub. L. 86474,  1(2) May 14, 1960 74 Stat. 144 Pub. L. 88130,  1(2) Sept. 24, 1963 77 Stat. 174 Pub. L. 89444,  1(2) June 9, 1966 80 Stat. 195 Pub. L. 90385 July 5, 1968 82 Stat. 293 Pub. L. 92451,  1(2) Oct. 2, 1972 86 Stat. 755 Pub. L. 93174,  1(2) Dec. 5, 1973 87 Stat. 692 Pub. L. 9623,  4 June 13, 1979 93 Stat. 68 Pub. L. 97417,  2(2) Jan. 4, 1983 96 Stat. 2085 Pub. L. 97449,  5(b) Jan. 12, 1983 96 Stat. 2442 Pub. L. 98557,  25(a)(1) Oct. 30, 1984 98 Stat. 2872 Pub. L. 99145, title V,  514(c)(1) Nov. 8, 1985 99 Stat. 629 Pub. L. 103206, title II,  201 Dec. 20, 1993 107 Stat. 2420 Pub. L. 108293, title II,  214 Aug. 9, 2004 118 Stat. 1037 Pub. L. 111281, title II,  204(a) Oct. 15, 2010 124 Stat. 2910 Pub. L. 113281, title II,  201 Dec. 18, 2014 128 Stat. 3024 Pub. L. 115282, title I,  112(b) Dec. 4, 2018 132 Stat. 4216 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4653 Pub. L. 117263, div. K, title CXII,  11236(a) Dec. 23, 2022 136 Stat. 4035  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  6a ( July 23, 1947, ch. 301,  1 61 Stat. 409 The only change is in phraseology in the second sentence, it being necessary to include the extra numbers authorized by the act of July 23, 1947 Editorial Notes Amendments 2022Subsec. (a). Pub. L. 117263 2021Subsec. (c)(3). Pub. L. 116283 2018 Pub. L. 115282 section 42 of this title 2014Subsec. (a). Pub. L. 113281 2010 Pub. L. 111281 2004Subsec. (a). Pub. L. 108293,  214(1) Subsec. (b). Pub. L. 108293,  214(2) 1993Subsec. (a). Pub. L. 103206 1985Subsec. (b). Pub. L. 99145 1984Subsec. (b). Pub. L. 98557 1983Subsec. (b). Pub. L. 97417 Subsec. (e). Pub. L. 97449 section 324(d) of title 49 80 Stat. 944 49 U.S.C. 1657 1979Subsec. (a). Pub. L. 9623 1973Subsec. (e). Pub. L. 93174 1972Subsec. (e). Pub. L. 92451 section 1657(d)(1) of Title 49 1968Subsec. (a). Pub. L. 90385 1966Subsec. (a). Pub. L. 89444 1963 Pub. L. 88130 1960 Pub. L. 86474 1956Act July 20, 1956 Statutory Notes and Related Subsidiaries Effective Date of 1972 Amendment Amendment by Pub. L. 92451 Oct. 2, 1972 section 3 of Pub. L. 92451 section 2151 of this title  2104. Appointment of temporary officers (a) The president may appoint temporary commissioned officers (1) in the Regular Coast Guard in a grade, not above lieutenant, appropriate to their qualifications, experience, and length of service, as the needs of the Coast Guard may require, from among the commissioned warrant officers, warrant officers, and enlisted members of the Coast Guard, and from holders of licenses issued under chapter 71 of title 46; and (2) in the Coast Guard Reserve in a grade, not above lieutenant, appropriate to their qualifications, experience, and length of service, as the needs of the Coast Guard may require, from among the commissioned warrant officers of the Coast Guard Reserve. (b) Temporary appointments under this section do not change the permanent, probationary, or acting status of individuals so appointed, prejudice them in regard to promotion or appointment, or abridge their rights or benefits. An individual who is appointed under this section may not suffer any reduction in the rate of pay and allowances to which he would have been entitled had he remained in his former grade and continued to receive the increases in pay and allowances authorized for that grade. (c) An appointment under this section, or a subsequent promotion appointment of a temporary officer, may be vacated by the appointing officer at any time. Each officer whose appointment is so vacated shall revert to his permanent status. (d) Appointees under this section shall take precedence in the grade to which appointed in accordance with the dates of their appointments as officers in such grade. Appointees whose dates of appointment are the same shall take precedence with each other as the Secretary shall determine. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 178 Pub. L. 89444,  1(12) June 9, 1966 80 Stat. 196 Pub. L. 93283,  1(5) May 14, 1974 88 Stat. 140 Pub. L. 96376,  6 Oct. 3, 1980 94 Stat. 1509 Pub. L. 98557,  15(a)(3)(B) Oct. 30, 1984 98 Stat. 2865 Pub. L. 103337, div. A, title V,  541(f)(6) Oct. 5, 1994 108 Stat. 2767 Pub. L. 104324, title II,  211(a) Oct. 19, 1996 110 Stat. 3915 Pub. L. 111281, title II,  211 Oct. 15, 2010 124 Stat. 2914 Pub. L. 115282, title I,  112(b) Dec. 4, 2018 132 Stat. 4216 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4748  Editorial Notes Amendments 2021Subsec. (b). Pub. L. 116283 2018 Pub. L. 115282 section 214 of this title 2010Subsec. (a). Pub. L. 111281 1996 Pub. L. 104324,  211(a)(1) Subsec. (b). Pub. L. 104324,  211(a)(2) Subsec. (c). Pub. L. 104324,  211(a)(2) Subsecs. (d) to (f). Pub. L. 104324,  211(a)(2) 1994Subsecs. (b), (c). Pub. L. 103337 (b) The President may appoint temporary commissioned warrant officers in the Regular Coast Guard, as the needs of the Coast Guard may require, from among the warrant officers and enlisted members of the Coast Guard, and from licensed officers of the United States merchant marine. (c) The Secretary may appoint temporary warrant officers (W1) in the Regular Coast Guard, as the needs of the Coast Guard require, from among the enlisted members of the Coast Guard, and from licensed officers of the United States merchant marine. 1984Subsecs. (a) to (c). Pub. L. 98557 1980Subsec. (d). Pub. L. 96376 1974Subsec. (d). Pub. L. 93283 1966Subsec. (a). Pub. L. 89444,  1(12) Subsec. (b). Pub. L. 89444,  1(13) Subsec. (c). Pub. L. 89444,  1(14) Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103337 Oct. 5, 1994 section 541(h) of Pub. L. 103337 section 571 of Title 10 Effective Date of 1974 Amendment Pub. L. 93283,  2 May 14, 1974 88 Stat. 141 Paragraphs (5) and (8) of section 1 of this Act [amending this section and section 288 of this title Sept. 24, 1963 Temporary Appointments Prior to September 24, 1963 Savings provisions in section 5(e) of Pub. L. 88130 Sept. 24, 1963 section 2101 of this title Executive Documents  Delegation of Authority Authority of President under subsec. (a) of this section to make temporary appointments not above lieutenant in the Regular Coast Guard and Coast Guard Reserve delegated to Secretary of Homeland Security by Ex. Ord. No. 14106,  1(e), Aug. 14, 2023 section 2101 of this title  2105. Rank of warrant officers (a) Among warrant officer grades, warrant officers of a higher numerical designation are senior to warrant officer grades of a lower numerical designation. (b) Warrant officers shall take precedence in the grade to which appointed in accordance with the dates of their commissions as commissioned officers in the Coast Guard in such grade. Precedence among warrant officers of the same grade who have the same date of commission shall be determined by regulations prescribed by the Secretary. (Added Pub. L. 103337, div. A, title V,  541(e)(1) Oct. 5, 1994 108 Stat. 2766 Pub. L. 115282, title I,  112(b) Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282 section 215 of this title Statutory Notes and Related Subsidiaries Effective Date Section effective on the first day of the fourth month beginning after Oct. 5, 1994 section 541(h) of Pub. L. 103337 section 571 of Title 10  2106. Selection boards; convening of boards  At least once a year and at such other times as the needs of the service require, the Secretary shall convene selection boards to recommend for promotion to the next higher grade officers on the active duty promotion list in each grade from lieutenant (junior grade) through captain, with separate boards for each grade. However, the Secretary is not required to convene a board to recommend officers for promotion to a grade when no vacancies exist in the grade concerned, and he estimates that none will occur in the next twelve months. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 178 Pub. L. 115282, title I,  112(b) Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282 section 251 of this title  2107. Selection boards; composition of boards  A board convened under section 2106 of this title (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 179 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282,  123(b)(2) Pub. L. 115282,  112(b) section 252 of this title  2108. Selection boards; notice of convening; communication with board (a) Before a board is convened under section 2106 of this title (b) Each officer eligible for consideration by a selection board convened under section 2106 of this title (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 179 Pub. L. 89444,  1(15) June 9, 1966 80 Stat. 196 Pub. L. 111281, title II,  212(1) Oct. 15, 2010 124 Stat. 2914 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4752  Editorial Notes Amendments 2021Subsec. (b). Pub. L. 116283 2018 Pub. L. 115282,  112(b) section 253 of this title Subsecs. (a), (b). Pub. L. 115282,  123(b)(2) 2010Subsec. (a). Pub. L. 111281 1966Subsec. (a). Pub. L. 89444 section 251 of this title  2109. Selection boards; oath of members Each member of a selection board shall swear (1) that the member will, without prejudice or partiality, and having in view both the special fitness of officers and the efficiency of the Coast Guard, perform the duties imposed upon the member; and (2) an oath in accordance with section 931. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 179 Pub. L. 112213, title II,  207 Dec. 20, 2012 126 Stat. 1546 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282,  112(b) section 254 of this title Par. (2). Pub. L. 115282,  123(b)(2) 2012 Pub. L. 112213  2110. Number of officers to be selected for promotion  Before convening a board under section 2106 of this title (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 179 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282,  123(b)(2) Pub. L. 115282,  112(b) section 255 of this title  2111. Promotion zones (a) Before convening a selection board to recommend officers for promotion to any grade above lieutenant (junior grade) and below rear admiral (lower half), the Secretary shall establish a promotion zone for the grade to be considered. The promotion zone for each grade shall consist of the most senior officers of that grade on the active duty promotion list who are eligible for consideration for promotion to the next higher grade and who have not previously been placed in a promotion zone for selection for promotion to the next higher grade. The number of officers in each zone shall be determined after considering (1) the needs of the service; (2) the estimated numbers of vacancies available in future years to provide comparable opportunity for promotion of officers in successive year groups; and (3) the extent to which current terms of service in that grade conform to a desirable career promotion pattern. However, such number of officers shall not exceed the number to be selected for promotion divided by one-half. (b) Promotion zones from which officers will be selected for promotion to the grade of rear admiral (lower half) shall be established by the Secretary as the needs of the service require. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 179 Pub. L. 89444,  1(16) June 9, 1966 80 Stat. 196 Pub. L. 97417,  2(3) Jan. 4, 1983 96 Stat. 2085 Pub. L. 99145, title V,  514(c)(1) Nov. 8, 1985 99 Stat. 629 Pub. L. 99661, div. A, title XIII,  1343(c) Nov. 14, 1986 100 Stat. 3995 Pub. L. 115282, title I,  112(b) Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282,  112(b) section 256 of this title Subsec. (a). Pub. L. 115282,  312 1986Subsec. (b). Pub. L. 99661 1985Subsec. (a). Pub. L. 99145 1983Subsecs. (a), (b). Pub. L. 97417 1966Subsec. (a). Pub. L. 89444  2112. Promotion year; defined  For the purposes of this chapter, promotion year means the period which commences on July 1 of each year and ends on June 30 of the following year. (Added Pub. L. 94546,  1(17) Oct. 18, 1976 90 Stat. 2520 Pub. L. 115282, title I,  112(b) Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282 section 256a of this title  2113. Eligibility of officers for consideration for promotion (a) An officer on the active duty promotion list becomes eligible for consideration for promotion to the next higher grade at the beginning of the promotion year in which he completes the following amount of service computed from his date of rank in the grade in which he is serving: (1) two years in the grade of lieutenant (junior grade); (2) three years in the grade of lieutenant; (3) four years in the grade of lieutenant commander; (4) four years in the grade of commander; and (5) three years in the grade of captain. (b) For the purpose of this section, service in a grade includes all qualifying service in that grade or a higher grade, under either a temporary or permanent appointment. However, service in a grade under a temporary service appointment under section 2125 of this title (c) No officer may become eligible for consideration for promotion until all officers of his grade senior to him are so eligible. (d) Except when his name is on a list of selectees, each officer who becomes eligible for consideration for promotion to the next higher grade remains eligible so long as he (1) continues on active duty; and (2) is not promoted to that grade. (e) An officer whose involuntary retirement or separation is deferred under section 2156 of this title (f) The Secretary may waive subsection (a) to the extent necessary to allow officers described therein to have at least two opportunities for consideration for promotion to the next higher grade as officers below the promotion zone. (g) (1) Notwithstanding subsection (a), the Commandant may provide that an officer may, upon the officers request and with the approval of the Commandant, be excluded from consideration by a selection board convened under section 2106. (2) The Commandant shall approve a request under paragraph (1) only if (A) the basis for the request is to allow the officer to complete a broadening assignment, advanced education, another assignment of significant value to the Coast Guard, a career progression requirement delayed by the assignment or education, or a qualifying personal or professional circumstance, as determined by the Commandant; (B) the Commandant determines the exclusion from consideration is in the best interest of the Coast Guard; and (C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 179 Pub. L. 94546,  1(19) Oct. 18, 1976 90 Stat. 2520 Pub. L. 98557,  17(b)(1) Oct. 30, 1984 98 Stat. 2867 Pub. L. 109241, title II,  203 July 11, 2006 120 Stat. 520 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4642  Editorial Notes Amendments 2021Subsec. (g). Pub. L. 116283 2018 Pub. L. 115282,  112(b) section 257 of this title Subsec. (b). Pub. L. 115282,  123(b)(2) Subsec. (e). Pub. L. 115282,  123(b)(2) 2006Subsec. (f). Pub. L. 109241 1984Subsec. (e). Pub. L. 98557 1976Subsec. (a). Pub. L. 94546,  1(19)(a) Subsec. (d). Pub. L. 94546,  1(19)(b)  2114. United States Deputy Marshals in Alaska  Commissioned officers may be appointed as United States Deputy Marshals in Alaska. (Added Pub. L. 115282, title I,  112(c)(3) Dec. 4, 2018 132 Stat. 4221  2115. Selection boards; information to be furnished boards (a)  In General The Secretary shall furnish the appropriate selection board convened under section 2106 of this title (1) the number of officers that the board may recommend for promotion to the next higher grade; (2) the names and records of all officers who are eligible for consideration for promotion to the grade to which the board will recommend officers for promotion; and (3) in the case of an eligible officer considered for promotion to a rank above lieutenant, any credible information of an adverse nature, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry and any information placed in the personnel service record of the officer under section 1745(a) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 11366 10 U.S.C. 1561 (b)  Provision of Direction and Guidance. (1) In addition to the information provided pursuant to subsection (a), the Secretary may furnish the selection board (A) specific direction relating to the needs of the Coast Guard for officers having particular skills, including direction relating to the need for a minimum number of officers with particular skills within a specialty; and (B) any other guidance that the Secretary believes may be necessary to enable the board to properly perform its functions. (2) Selections made based on the direction and guidance provided under this subsection shall not exceed the maximum percentage of officers who may be selected from below the announced promotion zone at any given selection board convened under section 2106 of this title (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 180 Pub. L. 89444,  1(17) June 9, 1966 80 Stat. 196 Pub. L. 104324, title II,  212 Oct. 19, 1996 110 Stat. 3915 Pub. L. 111281, title II,  212(2) Oct. 15, 2010 124 Stat. 2914 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216 Pub. L. 117263, div. K, title CXII,  11245(a) Dec. 23, 2022 136 Stat. 4043  Editorial Notes Amendments 2022Subsec. (a)(3). Pub. L. 117263 2018 Pub. L. 115282,  112(b) section 258 of this title Subsec. (a). Pub. L. 115282,  123(b)(2) Subsec. (b)(2). Pub. L. 115282,  123(b)(2) 2010 Pub. L. 111281 1996Cl. (2). Pub. L. 104324 1966 Pub. L. 89444  2116. Officers to be recommended for promotion (a) A selection board convened to recommend officers for promotion shall recommend those eligible officers whom the board, giving due consideration to the needs of the Coast Guard for officers with particular skills so noted in specific direction furnished to the board by the Secretary under section 2115 of this title (b) The number of officers that a board convened under section 2106 of this title (1) 5 percent of the total number of officers that the board is authorized to recommend for promotion to the grade of lieutenant or lieutenant commander; (2) 712 percent of the total number of officers that the board is authorized to recommend for promotion to the grade of commander; and (3) 10 percent of the total number of officers that the board is authorized to recommend for promotion to the grade of captain; unless such percentage is a number less than one, in which case the board may recommend one such officer for promotion. (c) (1) In selecting the officers to be recommended for promotion, a selection board may recommend officers of particular merit, from among those officers chosen for promotion, to be placed at the top of the list of selectees promulgated by the Secretary under section 2121(a) of this title (2) The Secretary shall conduct a survey of the Coast Guard officer corps to determine if implementation of this subsection will improve Coast Guard officer retention. A selection board may not make any recommendation under this subsection before the date on which the Secretary publishes a finding, based upon the results of the survey, that implementation of this subsection will improve Coast Guard officer retention. (3) The Secretary shall submit any finding made by the Secretary pursuant to paragraph (2) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 180 Pub. L. 97417,  2(4) Jan. 4, 1983 96 Stat. 2085 Pub. L. 99145, title V,  514(c)(1) Nov. 8, 1985 99 Stat. 629 Pub. L. 107295, title III,  313(1) Nov. 25, 2002 116 Stat. 2102 Pub. L. 111281, title II,  212(3) Oct. 15, 2010 124 Stat. 2915 Pub. L. 112213, title II,  217(3) Dec. 20, 2012 126 Stat. 1557 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216 Pub. L. 117263, div. K, title CXII,  11238 Dec. 23, 2022 136 Stat. 4037  Editorial Notes Amendments 2022Subsec. (c)(1). Pub. L. 117263 2018 Pub. L. 115282,  112(b) section 259 of this title Subsec. (a). Pub. L. 115282,  123(b)(2) Subsec. (b). Pub. L. 115282,  123(b)(2) Subsec. (c)(1). Pub. L. 115282,  123(b)(2) 2012Subsec. (c)(1). Pub. L. 112213 2010Subsec. (a). Pub. L. 111281 section 258 of this title 2002Subsec. (c). Pub. L. 107295 1985Subsec. (b). Pub. L. 99145 1983Subsec. (b). Pub. L. 97417  2117. Selection boards; reports (a) Each board convened under section 2106 of this title section 2121(a) of this title (b) A board convened under section 2106 of this title section 2115 of this title (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 180 Pub. L. 107295, title III,  313(2) Nov. 25, 2002 116 Stat. 2103 Pub. L. 111281, title II,  212(4) Oct. 15, 2010 124 Stat. 2915 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282,  112(b) section 260 of this title Subsec. (a). Pub. L. 115282,  123(b)(2) Subsec. (b). Pub. L. 115282,  123(b)(2) 2010Subsec. (b). Pub. L. 111281 section 258 of this title 2002Subsec. (a). Pub. L. 107295 section 271(a) of this title  2118. Selection boards; submission of reports (a) A board convened under section 2106 of this title (b) If any officer recommended for promotion is not acceptable to the President, the President may remove the name of that officer from the report of the board. (c) Upon approval by the President the names of officers selected for promotion by a board convened under section 2106 of this title (d) Except as required by this section, the proceedings of a selection board, including a special selection board convened under section 2120, shall not be disclosed to any individual who is not a member of the board. (e) If the Secretary makes a recommendation under this section that the name of an officer be removed from a report of a selection board and the recommendation is accompanied by information that was not presented to that selection board, that information shall be made available to that officer. The officer shall then be afforded a reasonable opportunity to submit comments on that information to the officials making the recommendation and the officials reviewing the recommendation. If an eligible officer cannot be given access to such information because of its classification status, the officer shall, to the maximum extent practicable, be provided with an appropriate summary of the information. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 181 Pub. L. 112213, title II,  208(b) Dec. 20, 2012 126 Stat. 1549 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4748 Pub. L. 117263, div. K, title CXII,  11245(c) Dec. 23, 2022 136 Stat. 4045  Editorial Notes Amendments 2022Subsec. (e). Pub. L. 117263 2021Subsec. (d). Pub. L. 116283 2018 Pub. L. 115282,  112(b) section 261 of this title Subsecs. (a), (c). Pub. L. 115282,  123(b)(2) Subsec. (d). Pub. L. 115282,  123(b)(2) 2012Subsec. (d). Pub. L. 112213 Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Pub. L. 112213, title II,  208(e)(1) Dec. 20, 2012 126 Stat. 1549 The amendments made by this section [enacting section 263 of this title section 262 of this title Dec. 20, 2012 Executive Documents  Delegation of Authority Authority of President under subsecs. (a) and (b) of this section to approve, modify, or disapprove the report of a selection board, and to remove a name of an officer from a selection board report, respectively, delegated to Secretary of Homeland Security by Ex. Ord. No. 14106,  1(a), (b), Aug. 14, 2023 section 2101 of this title  2119. Failure of selection for promotion  An officer, other than an officer serving in the grade of captain, who is, or is senior to, the junior officer in the promotion zone established for his grade under section 2111 of this title (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 181 Pub. L. 112213, title II,  208(c) Dec. 20, 2012 126 Stat. 1549 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282,  123(b)(2) Pub. L. 115282,  112(b) section 262 of this title 2012 Pub. L. 112213 Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Amendment by Pub. L. 112213 Dec. 20, 2012 Dec. 20, 2012 section 208(e)(1) of Pub. L. 112213 section 2118 of this title Placement Out of Line of Promotion Prior to September 24, 1963 Pub. L. 88130,  2(a) Sept. 24, 1963 77 Stat. 190  (a) Officers who have been placed permanently out of line of promotion under laws and regulations of the Secretary in effect the day before the effective date of this Act [ Sept. 24, 1963 (b) Officers who have been placed temporarily out of line of promotion for appointment for temporary service under laws and regulations of the Secretary in effect the day before the effective date of this Act [ Sept. 24, 1963  2120. Special selection boards; correction of errors (a)  Officers Not Considered Due to Administrative Error. (1)  In general If the Secretary determines that as the result of an administrative error (A) an officer or former officer was not considered for selection for promotion by a selection board convened under section 2106; or (B) the name of an officer or former officer was not placed on an all-fully-qualified-officers list; the Secretary shall convene a special selection board to determine whether such officer or former officer should be recommended for promotion and such officer or former officer shall not be considered to have failed of selection for promotion prior to the consideration of the special selection board. (2)  Effect of failure to recommend for promotion If a special selection board convened under paragraph (1) does not recommend for promotion an officer or former officer, whose grade is below the grade of captain and whose name was referred to that board for consideration, the officer or former officer shall be considered to have failed of selection for promotion. (b)  Officers Considered But Not Selected; Material Error. (1)  In general In the case of an officer or former officer who was eligible for promotion, was considered for selection for promotion by a selection board convened under section 2106, and was not selected for promotion by that board, the Secretary may convene a special selection board to determine whether the officer or former officer should be recommended for promotion, if the Secretary determines that (A) an action of the selection board that considered the officer or former officer (i) was contrary to law in a matter material to the decision of the board; or (ii) involved material error of fact or material administrative error; or (B) the selection board that considered the officer or former officer did not have before it for consideration material information. (2)  Effect of failure to recommend for promotion If a special selection board convened under paragraph (1) does not recommend for promotion an officer or former officer, whose grade is that of commander or below and whose name was referred to that board for consideration, the officer or former officer shall be considered (A) to have failed of selection for promotion with respect to the board that considered the officer or former officer prior to the consideration of the special selection board; and (B) to incur no additional failure of selection for promotion as a result of the action of the special selection board. (c)  Requirements for Special Selection Boards Each special selection board convened under this section shall (1) be composed in accordance with section 2107 and the members of the board shall be required to swear the oaths described in section 2109; (2) consider the record of an applicable officer or former officer as that record, if corrected, would have appeared to the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board and that record shall be compared with a sampling of the records of (A) those officers of the same grade who were recommended for promotion by such prior selection board; and (B) those officers of the same grade who were not recommended for promotion by such prior selection board; and (3) submit to the Secretary a written report in a manner consistent with sections 2117 and 2118. (d)  Appointment of Officers Recommended for Promotion. (1)  In general An officer or former officer whose name is placed on a promotion list as a result of the recommendation of a special selection board convened under this section shall be appointed, as soon as practicable, to the next higher grade in accordance with the law and policies that would have been applicable to the officer or former officer had the officer or former officer been recommended for promotion by the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board. (2)  Effect An officer or former officer who is promoted to the next higher grade as a result of the recommendation of a special selection board convened under this section shall have, upon such promotion, the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the active duty promotion list as the officer or former officer would have had if the officer or former officer had been recommended for promotion to that grade by the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board. (3)  Record correction If the report of a special selection board convened under this section, as approved by the President, recommends for promotion to the next higher grade an officer not eligible for promotion or a former officer whose name was referred to the board for consideration, the Secretary may act under section 1552 of title 10 (e)  Application Process and Time Limits The Secretary shall issue regulations regarding the process by which an officer or former officer may apply to have a matter considered by a special selection board convened under this section, including time limits related to such applications. (f)  Limitation of Other Jurisdiction No official or court of the United States shall have authority or jurisdiction over any claim based in any way on the failure of an officer or former officer to be selected for promotion by a selection board convened under section 2106, until (1) the claim has been referred to a special selection board convened under this section and acted upon by that board; or (2) the claim has been rejected by the Secretary without consideration by a special selection board convened under this section. (g)  Judicial Review. (1)  In general A court of the United States may review (A) a decision of the Secretary not to convene a special selection board under this section to determine if the court finds that the decision of the Secretary was arbitrary or capricious, not based on substantial evidence, or otherwise contrary to law; and (B) an action of a special selection board under this section to determine if the court finds that the action of the special selection board was contrary to law or involved material error of fact or material administrative error. (2)  Remand and reconsideration If, with respect to a review under paragraph (1), a court makes a finding described in subparagraph (A) or (B) of that paragraph, the court shall remand the case to the Secretary and the Secretary shall provide the applicable officer or former officer consideration by a new special selection board convened under this section. (h)  Designation of Boards The Secretary may designate a selection board convened under section 2106 as a special selection board convened under this section. A selection board so designated may function in the capacity of a selection board convened under section 2106 and a special selection board convened under this section. (Added Pub. L. 112213, title II,  208(a) Dec. 20, 2012 126 Stat. 1546 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282,  112(b) section 263 of this title Subsec. (a)(1)(A). Pub. L. 115282,  123(b)(2) Subsec. (b)(1). Pub. L. 115282,  123(b)(2) Subsec. (c)(1). Pub. L. 115282,  123(b)(2) Subsec. (c)(3). Pub. L. 115282,  123(b)(2) Subsec. (f). Pub. L. 115282,  123(b)(2) Subsec. (h). Pub. L. 115282,  123(b)(2) Statutory Notes and Related Subsidiaries Effective Date Section effective Dec. 20, 2012 Dec. 20, 2012 section 208(e)(1) of Pub. L. 112213 section 2118 of this title  2120a. Special selection review boards (a)  In General (1) If the Secretary determines that a person recommended by a promotion board for promotion to a grade at or below the grade of rear admiral is the subject of credible information of an adverse nature, including any substantiated adverse finding or conclusion described in section 2115(a)(3) of this title (2) If a person and the recommendation for promotion of the person is subject to review under this section by a special selection review board convened under this section, the name of the person (A) shall not be disseminated or publicly released on the list of officers recommended for promotion by the promotion board recommending the promotion of the person; and (B) shall not be forwarded to the President or the Senate, as applicable, or included on a promotion list under section 2121 of this title (b)  Convening (1) Any special selection review board convened under this section shall be convened in accordance with the provisions of section 2120(c) of this title (2) Any special selection review board convened under this section may review such number of persons, and recommendations for promotion of such persons, as the Secretary shall specify in convening such special selection review board. (c)  Information Considered (1) In reviewing a person and recommending whether the recommendation for promotion of the person should be sustained under this section, a special selection review board convened under this section shall be furnished and consider the following: (A) The record and information concerning the person furnished in accordance with section 2115 of this title (B) Any credible information of an adverse nature on the person, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry described in section 2115(a)(3) of this title (2) The furnishing of information to a special selection review board under paragraph (1)(B) shall be governed by the standards and procedures referred to in section 2115 of this title (3) (A) Before information on a person described in paragraph (1)(B) is furnished to a special selection review board for purposes of this section, the Secretary shall ensure that (i) such information is made available to the person; and (ii) subject to subparagraphs (C) and (D), the person is afforded a reasonable opportunity to submit comments on such information to the special selection review board before its review of the person and the recommendation for promotion of the person under this section. (B) If information on a person described in paragraph (1)(B) is not made available to the person as otherwise required by subparagraph (A)(i) due to the classification status of such information, the person shall, to the maximum extent practicable, be furnished a summary of such information appropriate to the persons authorization for access to classified information. (C) (i) An opportunity to submit comments on information is not required for a person under subparagraph (A)(ii) if (I) such information was made available to the person in connection with the furnishing of such information under section 2115(a) of this title (II) the person submitted comments on such information to that promotion board. (ii) The comments on information of a person described in clause (i)(II) shall be furnished to the special selection review board. (D) A person may waive either or both of the following: (i) The right to submit comments to a special selection review board under subparagraph (A)(ii). (ii) The furnishing of comments to a special selection review board under subparagraph (C)(ii). (d)  Consideration (1) In considering the record and information on a person under this section, the special selection review board shall compare such record and information with an appropriate sampling of the records of those officers who were recommended for promotion by the promotion board that recommended the person for promotion, and an appropriate sampling of the records of those officers who were considered by and not recommended for promotion by that promotion board. (2) Records and information shall be presented to a special selection review board for purposes of paragraph (1) in a manner that does not indicate or disclose the person or persons for whom the special selection review board was convened. (3) In considering whether the recommendation for promotion of a person should be sustained under this section, a special selection review board shall, to the greatest extent practicable, apply standards used by the promotion board that recommended the person for promotion. (4) The recommendation for promotion of a person may be sustained under this section only if the special selection review board determines that the person (A) ranks on an order of merit created by the special selection review board as better qualified for promotion than the sample officer highest on the order of merit list who was considered by and not recommended for promotion by the promotion board concerned; and (B) is comparable in qualification for promotion to those sample officers who were recommended for promotion by that promotion board. (5) A recommendation for promotion of a person may be sustained under this section only by a vote of a majority of the members of the special selection review board. (6) If a special selection review board does not sustain a recommendation for promotion of a person under this section, the person shall be considered to have failed of selection for promotion. (e)  Reports (1) Each special selection review board convened under this section shall submit to the Secretary a written report, signed by each member of the board, containing the name of each person whose recommendation for promotion it recommends for sustainment and certifying that the board has carefully considered the record and information of each person whose name was referred to it. (2) The provisions of sections 2117(a) of this title apply to the report and proceedings of a special selection review board convened under this section in the same manner as they apply to the report and proceedings of a promotion board convened under section 2106 of this title (f)  Appointment of Persons (1) If the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher grade of a person whose name was referred to it for review under this section, and the President approves the report, the person shall, as soon as practicable, be appointed to that grade in accordance with section 2121 of this title (2) A person who is appointed to the next higher grade as described in paragraph (1) shall, upon that appointment, have the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the active-duty list as the person would have had pursuant to the original recommendation for promotion of the promotion board concerned. (g)  Regulations The Secretary shall prescribe regulations to carry out this section. (h)  Promotion Board Defined In this section, the term promotion board means a selection board convened by the Secretary under section 2106 of this title (Added Pub. L. 117263, div. K, title CXII,  11245(b)(1) Dec. 23, 2022 136 Stat. 4043  2121. Promotions; appointments (a) When the report of a board convened to recommend officers for promotion has been approved by the President, the Secretary shall place the names of all officers selected and approved on a list of selectees in the order of their seniority on the active duty promotion list. The names of all officers approved by the President and recommended by the board to be placed at the top of the list of selectees shall be placed at the top of the list of selectees in the order of seniority on the active duty promotion list. (b) Officers on the list of selectees may be promoted by appointment in the next higher grade to fill vacancies in the authorized active duty strength of the grade as determined under section 2103 of this title (c) An officer serving on active duty in the grade of ensign may, if found fully qualified for promotion in accordance with regulations prescribed by the Secretary, be promoted to the grade of lieutenant (junior grade) by appointment after he has completed twelve months active service in grade. The date of rank of an officer promoted under this subsection shall be the date of his appointment in the grade of lieutenant (junior grade) as specified by the Secretary. (d) When a vacancy in the grade of rear admiral occurs, the senior rear admiral (lower half) serving on the active duty promotion list shall be appointed by the President, by and with the advice and consent of the Senate, to fill the vacancy. The appointment shall be effective on the date the vacancy occurred. (e) Appointments of regular officers under this section shall be made by the President, by and with the advice and consent of the Senate except that advice and consent is not required for appointments under this section in the grade of lieutenant (junior grade) or lieutenant. Appointments of Reserve officers shall be made as prescribed in section 12203 of title 10 (f) (1) The promotion of an officer may be delayed without prejudice if any of the following applies: (A) The officer is under investigation or proceedings of a court-martial or a board of officers are pending against the officer. (B) A criminal proceeding in a Federal or State court is pending against the officer. (C) The Secretary determines that credible information of an adverse nature, including a substantiated adverse finding or conclusion described in section 2115(a)(3), with respect to the officer will result in the convening of a special selection review board under section 2120a of this title (2) (A) Subject to subparagraph (B), a promotion may be delayed under this subsection until, as applicable (i) the completion of the investigation or proceedings described in subparagraph (A); (ii) a final decision in the proceeding described in subparagraph (B) is issued; or (iii) the special selection review board convened under section 2120a of this title (B) Unless the Secretary determines that a further delay is necessary in the public interest, a promotion may not be delayed under this subsection for more than one year after the date the officer would otherwise have been promoted. (3) An officer whose promotion is delayed under this subsection and who is subsequently promoted shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held had his promotion not been so delayed. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 181 Pub. L. 91278,  1(8) June 12, 1970 84 Stat. 305 Pub. L. 97417,  2(5) Jan. 4, 1983 96 Stat. 2085 Pub. L. 99145, title V,  514(c)(1) Nov. 8, 1985 99 Stat. 629 Pub. L. 101225, title II,  203(2) Dec. 12, 1989 103 Stat. 1911 Pub. L. 103337, div. A, title XVI,  1677(b)(2) Oct. 5, 1994 108 Stat. 3020 Pub. L. 107295, title III,  313(3) Nov. 25, 2002 116 Stat. 2103 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216 Pub. L. 117263, div. K, title CXII,  11245(d) Dec. 23, 2022 136 Stat. 4046  Editorial Notes Amendments 2022Subsec. (f). Pub. L. 117263 2018 Pub. L. 115282,  112(b) section 271 of this title Subsec. (b). Pub. L. 115282,  123(b)(2) 2002Subsec. (a). Pub. L. 107295 1994Subsec. (e). Pub. L. 103337 section 12203 of title 10 section 593 of title 10 1989Subsec. (e). Pub. L. 101225 1985Subsec. (d). Pub. L. 99145 1983Subsec. (c). Pub. L. 97417,  2(5)(A) Subsecs. (d) to (f). Pub. L. 97417,  2(5)(B) 1970Subsec. (c). Pub. L. 91278 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103337 Dec. 1, 1994 section 1691 of Pub. L. 103337 section 10001 of Title 10 Rule of Construction Pub. L. 112213, title II,  208(e)(2) Dec. 20, 2012 126 Stat. 1549  Sections 271, 272, and 273 [now 2121, 2122, and 2123] of title 14, United States Code, apply to the activities of (A) a selection board convened under section 251 [now 2106] of such title; and (B) a special selection board convened under section 263 [now 2120] of such title. Permanent Grades and Titles for Officers Holding Certain Grades on January 3, 1983 Pub. L. 97417,  4 Jan. 4, 1983 96 Stat. 2087  (a) An officer of the Coast Guard who on the day before the effective date of this Act [ Jan. 4, 1983 (1) was serving on active duty in the grade of rear admiral and was receiving the basic pay of a rear admiral of the upper half; or (2) was serving on active duty in the grade of admiral or vice admiral, shall after that date hold the permanent grade of rear admiral. (b) An officer who on the day before the effective date of this Act [ Jan. 4, 1983 (c) An officer who on the day before the effective date of this Act [ Jan. 4, 1983 (d) An officer who on the day before the effective date of this Act [ Jan. 4, 1983 (1) was serving on active duty in the grade of rear admiral and was entitled to the basic pay of a rear admiral of the lower half; or (2) was on an approved list of officers recommended for promotion to the grade of rear admiral, shall, on and after the effective date of this Act, or in the case of an officer on such a list, upon promotion to the grade of commodore, be entitled to wear the uniform and insignia of a rear admiral. (e) An officer of the Coast Guard who on the day before the effective date of this Act [ Jan. 4, 1983 (1) holds the grade and has the right to wear the uniform and insignia of a rear admiral; and (2) ranks among commissioned officers of the Armed Forces as and is entitled to the basic pay of (A) a commodore, if his retired pay was based on the basic pay of a rear admiral of the lower half on the day before the effective date of this Act; or (B) a rear admiral, if his retired pay was based on the basic pay of a rear admiral of the upper half on the day before the effective date of this Act. (f) Unless entitled to a higher grade under another provision of law, an officer who on the day before the effective date of this Act [ Jan. 4, 1983 (1) was serving on active duty, and (2) held the grade of rear admiral; and who retires on or after the effective date of this Act, retires in the grade of rear admiral and is entitled to wear the uniform and insignia of a rear admiral. If such an officer is ordered to active duty after his retirement, he is considered, for the purposes of determining his pay, uniform, insignia, and rank among other commissioned officers, as having held the grade of rear admiral on the retired list on the day before the effective date of this Act. Temporary Grades and Recommendations for Promotions in Effect Prior to September 24, 1963 Savings provisions in section 5(a), (b), and (d) of Pub. L. 88130 section 2101 of this title Executive Documents  Delegation of Authority Authority of President under subsec. (e) of this section to appoint officers in the grades of lieutenant (junior grade) and lieutenant delegated to Secretary of Homeland Security by Ex. Ord. No. 14106,  1(d), Aug. 14, 2023 section 2101 of this title  2122. Removal of officer from list of selectees for promotion (a) The President may remove the name of any officer from a list of selectees established under section 2121 of this title (b) If the Senate does not consent to the appointment of an officer whose name is on a list of selectees established under section 2121 of this title (c) An officer whose name is removed from a list under subsection (a) or (b) continues to be eligible for consideration for promotion. If he is selected for promotion by the next selection board and promoted, he shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held if his name had not been removed. However, if the officer is not selected by the next selection board or if his name is again removed from the list of selectees, he shall be considered for all purposes as having twice failed of selection for promotion. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 182 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282,  112(b) section 272 of this title Subsecs. (a), (b). Pub. L. 115282,  123(b)(2) Executive Documents  Delegation of Authority Authority of President under subsec. (a) of this section to remove a name of an officer from a list of selectees delegated to Secretary of Homeland Security by Ex. Ord. No. 14106,  1(b), Aug. 14, 2023 section 2101 of this title  2123. Promotions; acceptance; oath of office (a) An officer who receives an appointment under section 2121 of this title (b) An officer who has served continuously since he subscribed to the oath of office prescribed in section 3331 of title 5 (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 182 Pub. L. 94546,  1(20) Oct. 18, 1976 90 Stat. 2520 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282,  112(b) section 273 of this title Subsec. (a). Pub. L. 115282,  123(b)(2) 1976Subsec. (b). Pub. L. 94546 section 3331 of title 5 section 16 of title 5  2124. Promotions; pay and allowances  An officer who is promoted under section 2121 of this title (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 182 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282,  123(b)(2) Pub. L. 115282,  112(b) section 274 of this title  2125. Wartime temporary service promotions (a) In time of war, or of national emergency declared by the President or Congress, the President may suspend any section of this chapter relating to the selection, promotion, or involuntary separation of officers. Such a suspension may not continue beyond six months after the termination of the war or national emergency. (b) When the preceding sections of this chapter relating to selection and promotion of officers are suspended in accordance with subsection (a), and the needs of the service require, the President may, under regulations prescribed by him, promote to a higher grade any officer serving on active duty in the grade of ensign or above in the Coast Guard. (c) In time of war, or of national emergency declared by the President or Congress, the President may, under regulations to be prescribed by him, promote to the next higher warrant officer grade any warrant officer serving on active duty in a grade below chief warrant officer, W4. [(d) Repealed. Pub. L. 97417,  2(6) Jan. 4, 1983 96 Stat. 2085 (e) A promotion under this section to a grade above lieutenant may be made only upon the recommendation of a board of officers convened for that purpose. (f) A promotion under this section shall be made by an appointment for temporary service. Original appointments under this section in the grades of lieutenant commander and above shall be made by the President by and with the advice and consent of the Senate. Original appointments under this section in the grades of ensign through lieutenant shall be made by the President alone. Any other appointments under this section shall be made by the President alone. (g) An appointment under this section, unless expressly declined, is regarded as accepted on the date specified by the Secretary as the date of the appointment, and the officer so promoted is entitled to pay and allowances of the grade to which appointed from that date. (h) An appointment under this section does not terminate any appointments held by an officer concerned under any other provisions of this title. The President may terminate temporary appointments made under this section at any time. An appointment under this section is effective for such period as the President determines. However, an appointment may not be effective later than six months after the end of the war or national emergency. When his temporary appointment under this section is terminated or expires, the officer shall revert to his former grade. (i) Not later than six months after the end of the war or national emergency the President shall, under such regulations as he may prescribe, reestablish the active duty promotion list with adjustments and additions appropriate to the conditions of original appointment and wartime service of all officers to be included thereon. The President may, by and with the advice and consent of the Senate, appoint officers on the reestablished active duty promotion list to fill vacancies in the authorized active duty strength of each grade. Such appointments shall be considered to have been made under section 2121 of this title (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 182 Pub. L. 92129, title VI,  605 Sept. 28, 1971 85 Stat. 362 Pub. L. 97417,  2(6) Jan. 4, 1983 96 Stat. 2085 Pub. L. 109241, title II,  217(b) July 11, 2006 120 Stat. 526 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282,  112(b) section 275 of this title Subsec. (i). Pub. L. 115282,  123(b)(2) 2006Subsec. (f). Pub. L. 109241 1983Subsec. (d). Pub. L. 97417 1971Subsec. (f). Pub. L. 92129 Executive Documents  Delegation of Authority Authority of President under this section, during a time of war or national emergency, to suspend the operation of any law relating to the selection, promotion, or involuntary separation of officers of the Coast Guard, and to temporarily promote officers serving on active duty and chief warrant officers serving on active duty, delegated to Secretary of Homeland Security without the approval, ratification, or other action by the President by Ex. Ord. No. 14106,  2(a), Aug. 14, 2023 section 2101 of this title Authority of President under subsec. (a) of this section, as invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001 section 12302 of Title 10  2126. Promotion of officers not included on active duty promotion list  Officers who are not included on the active duty promotion list may be promoted under regulations to be prescribed by the Secretary. These regulations shall, as to officers serving in connection with organizing, administering, recruiting, instructing, or training the reserve components, provide as nearly as practicable, that such officers will be selected and promoted in the same manner and will be afforded equal opportunity for promotion as officers of the corresponding grade on the active duty promotion list. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 183 Pub. L. 115282, title I,  112(b) Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282 section 276 of this title  2127. Recall to active duty during war or national emergency  In time of war or national emergency, the Secretary may order any regular officer on the retired list to active duty. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 189 Pub. L. 115282, title I,  112(b) Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282 section 331 of this title Executive Documents  Delegation of Authority For delegation of authority under this section, as invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001 section 12302 of Title 10  2128. Recall to active duty with consent of officer (a) Any regular officer on the retired list may, with that officers consent, be assigned to such duties as that officer may be able to perform. (b) The number of retired officers on active duty in the grade of lieutenant commander, commander, or captain shall not exceed 2 percent of the authorized number of officers on active duty in each such grade. However, this limitation does not apply to retired officers of these grades recalled to serve as members of courts, boards, panels, surveys, or special projects for periods not to exceed one year. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 189 Pub. L. 89444,  1(18) June 9, 1966 80 Stat. 196 Pub. L. 91278,  1(9) June 12, 1970 84 Stat. 305 Pub. L. 102241,  14 Dec. 19, 1991 105 Stat. 2213 Pub. L. 115282, title I,  112(b) Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282 section 332 of this title 1991Subsec. (a). Pub. L. 102241,  14(b) Subsec. (b). Pub. L. 102241,  14(a) 1970Subsec. (a). Pub. L. 91278 1966Subsec. (b). Pub. L. 89444  2129. Aviation cadets; appointment as Reserve officers (a) An aviation cadet designated under section 2317 who fulfills the eligibility requirements of section 2003 of title 10 (b) Aviation cadets who complete their training at approximately the same time are considered for all purposes to have begun their commissioned service on the same date, and the decision of the Secretary in this regard is conclusive. (Added Pub. L. 89444,  1(20) June 9, 1966 80 Stat. 197 Pub. L. 94546,  1(28) Oct. 18, 1976 90 Stat. 2521 Pub. L. 115282, title I,  112(b) Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282,  112(b) section 373 of this title Subsec. (a). Pub. L. 115282,  313 1976Subsec. (a). Pub. L. 94546 section 2003 of title 10 section 6023(b) of title 10  2130. Promotion to certain grades for officers with critical skills: captain, commander, lieutenant commander, lieutenant (a)  In General An officer in the grade of lieutenant (junior grade), lieutenant, lieutenant commander, or commander who is described in subsection (b) may be temporarily promoted to the grade of lieutenant, lieutenant commander, commander, or captain under regulations prescribed by the Secretary. Appointments under this section shall be made by the President, by and with the advice and consent of the Senate. (b)  Covered Officers An officer described in this subsection is any officer in a grade specified in subsection (a) who (1) has a skill in which the Coast Guard has a critical shortage of personnel (as determined by the Secretary); and (2) is serving in a position (as determined by the Secretary) that (A) is designated to be held by a lieutenant, lieutenant commander, commander, or captain; and (B) requires that an officer serving in such position have the skill possessed by such officer. (c)  Preservation of Position and Status of Officers Appointed. (1) The temporary positions authorized under this section shall not be counted among or included in the list of positions on the active duty promotion list. (2) An appointment under this section does not change the position on the active duty list or the permanent, probationary, or acting status of the officer so appointed, prejudice the officer in regard to other promotions or appointments, or abridge the rights or benefits of the officer. (d)  Board Recommendation Required A temporary promotion under this section may be made only upon the recommendation of a board of officers convened by the Secretary for the purpose of recommending officers for such promotions. (e)  Acceptance and Effective Date of Appointment Each appointment under this section, unless expressly declined, is, without formal acceptance, regarded as accepted on the date such appointment is made, and a member so appointed is entitled to the pay and allowances of the grade of the temporary promotion under this section beginning on the date the appointment is made. (f)  Termination of Appointment Unless sooner terminated, an appointment under this section terminates (1) on the date the officer who received the appointment is promoted to the permanent grade of lieutenant, lieutenant commander, commander, or captain; (2) on the date the officer is detached from a position described in subsection (b)(2), unless the officer is on a promotion list to the permanent grade of lieutenant, lieutenant commander, commander, or captain, in which case the appointment terminates on the date the officer is promoted to that grade; (3) when the appointment officer determines that the officer who received the appointment has engaged in misconduct or has displayed substandard performance; or (4) when otherwise determined by the Commandant to be in the best interests of the Coast Guard. (g)  Limitation on Number of Eligible Positions An appointment under this section may only be made for service in a position designated by the Secretary for the purposes of this section. The number of positions so designated may not exceed the following percentages of the respective grades: (1) As lieutenant, 0.5 percent. (2) As lieutenant commander, 3.0 percent. (3) As commander, 2.6 percent. (4) As captain, 2.6 percent. (Added Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4643  2131. College student pre-commissioning initiative (a)  In General There is authorized within the Coast Guard a college student pre-commissioning initiative program (in this section referred to as the Program ) for eligible undergraduate students to enlist and receive a guaranteed commission as an officer in the Coast Guard. (b)  Criteria for Selection To be eligible for the Program a student must meet the following requirements upon submitting an application: (1)  Age A student must be not less than 19 years old and not more than 27 years old as of September 30 of the fiscal year in which the Program selection panel selecting such student convenes. (2)  Character. (A)  All applicants All applicants must be of outstanding moral character and meet other character requirements as set forth by the Commandant. (B)  Coast guard applicants An applicant serving in the Coast Guard may not be commissioned if in the 36 months prior to the first Officer Candidate School class convening date in the selection cycle, such applicant was convicted by a court-martial or awarded nonjudicial punishment, or did not meet performance or character requirements set forth by the Commandant. (3)  Citizenship A student must be a United States citizen. (4)  Clearance A student must be eligible for a secret clearance. (5)  Dependency. (A)  In general A student may not have more than 2 dependents. (B)  Sole custody A student who is single may not have sole or primary custody of dependents. (6)  Education. (A)  Institution A student must be an undergraduate sophomore or junior (i) at a historically Black college or university described in section 322(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1061(2) 20 U.S.C. 1067q(a) (ii) an undergraduate sophomore or junior enrolled at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 20 U.S.C. 1058(e) 20 U.S.C. 1067q(c) (B)  Location The institution at which such student is an undergraduate must be within 100 miles of a Coast guard 1 1 (C)  Records A student must meet credit and grade point average requirements set forth by the Commandant. (7)  Medical and administrative A student must meet other medical and administrative requirements as set forth by the Commandant. (c)  Enlistment and Obligation Individuals selected and accept to participate in the Program shall enlist in the Coast Guard in pay grade E3 with a 4-year duty obligation and 4-year inactive Reserve obligation. (d)  Military Activities Prior to Officer Candidate School Individuals enrolled in the Program shall participate in military activities each month, as required by the Commandant, prior to attending Officer Candidate School. (e)  Participation in Officer Candidate School Each graduate of the Program shall attend the first enrollment of Officer Candidate School that commences after the date of such graduates graduation. (f)  Commissioning Upon graduation from Officer Candidate School, Program graduates shall be discharged from enlisted status and commissioned as an O1 with an initial 3-year duty obligation. (g)  Briefing. (1)  In general Not later than August 15 of each year, the Commandant shall provide a briefing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the Program. (2)  Contents The briefing required under paragraph (1) shall describe (A) outreach and recruitment efforts over the previous year; and (B) demographic information of enrollees including (i) race; (ii) ethnicity; (iii) gender; (iv) geographic origin; and (v) educational institution. (Added Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4685 SUBCHAPTER II DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS; SEPARATION FOR CAUSE  Editorial Notes Prior Provisions A prior subchapter B of chapter 21 designation and accompanying heading COMMISSIONED OFFICERS were repealed by Pub. L. 115282, title I,  112(c)(1) Dec. 4, 2018 132 Stat. 4220 Amendments 2018 Pub. L. 115282, title I,  112(c)(4) Dec. 4, 2018 132 Stat. 4221  2141. Revocation of commissions during first five years of commissioned service  The Secretary, under such regulations as he may prescribe, may revoke the commission of any regular officer on active duty who, at the date of such revocation, has had less than five years of continuous service as a commissioned officer in the Regular Coast Guard. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 183 Pub. L. 107295, title IV,  416(a)(1) Nov. 25, 2002 116 Stat. 2121 Pub. L. 115282, title I,  112(b) Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282 section 281 of this title 2002 Pub. L. 107295  2142. Regular lieutenants (junior grade); separation for failure of selection for promotion Each officer of the Regular Coast Guard appointed under section 2101 of this title (1) be honorably discharged on June 30 of the promotion year in which his second failure of selection occurs; or (2) if he so requests, be honorably discharged at an earlier date without loss of benefits that would accrue if he were discharged on that date under clause (1); or (3) if, on the date specified for his discharge in this section, he is eligible for retirement under any law, be retired on that date. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 184 Pub. L. 94546,  1(21) Oct. 18, 1976 90 Stat. 2520 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282,  123(b)(2) Pub. L. 115282,  112(b) section 282 of this title 1976 Pub. L. 94546 Statutory Notes and Related Subsidiaries Retired Pay on or Prior to September 24, 1963 Savings provisions in section 5(g) of Pub. L. 88130 Pub. L. 88130 Sept. 24, 1963 section 2101 of this title Effectiveness of Election, Change, or Revocation of Election of Annuity Savings provisions in section 5(h) of Pub. L. 88130 section 1431 of Title 10 section 2101 of this title  2143. Regular lieutenants; separation for failure of selection for promotion; continuation (a) Each officer of the Regular Coast Guard appointed under section 2101 of this title (1) be honorably discharged on June 30 of the promotion year in which his second failure of selection occurs; or (2) if he so requests, be honorably discharged at an earlier date without loss of benefits that would accrue if he were discharged on that date under clause (1); or (3) if, on the date specified for his discharge in this section, he has completed at least 20 years of active service or is eligible for retirement under any law, be retired on that date; or (4) if, on the date specified for his discharge in clause (1), he has completed at least eighteen years of active service, be retained on active duty and retired on the last day of the month in which he completes twenty years of active service, unless earlier removed under another provision of law. (b) (1) When the needs of the service require, the Secretary may direct a selection board, which has been convened under section 2106 of this title (2) Upon the completion of a term under paragraph (1), an officer shall, unless selected for further continuation (A) except as provided in subparagraph (B), be honorably discharged with separation pay computed under section 2146 of this title (B) in the case of an officer who has completed at least 18 years of active service on the date of discharge under subparagraph (A), be retained on active duty and retired on the last day of the month in which the officer completes 20 years of active service, unless earlier removed under another provision of law; or (C) if, on the date specified for the officers discharge under this section, the officer has completed at least 20 years of active service or is eligible for retirement under any law, be retired on that date. (c) Each officer who has been continued on active duty under subsection (b) shall, unless earlier removed from active duty, be retired on the last day of the month in which he completes twenty years of active service. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 184 Pub. L. 93283,  1(6) May 14, 1974 88 Stat. 140 Pub. L. 94546,  1(22) Oct. 18, 1976 90 Stat. 2520 Pub. L. 97295,  2(9) Oct. 12, 1982 96 Stat. 1302 Pub. L. 104324, title II,  205 Oct. 19, 1996 110 Stat. 3907 Pub. L. 107295, title IV,  416(a)(2) Nov. 25, 2002 116 Stat. 2121 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282,  112(b) section 283 of this title Subsec. (a). Pub. L. 115282,  123(b)(2) Subsec. (b)(1). Pub. L. 115282,  123(b)(2) Subsec. (b)(2)(A). Pub. L. 115282,  123(b)(2) 2002Subsec. (b)(2)(A). Pub. L. 107295 1996Subsec. (b). Pub. L. 104324 section 286 of this title 1982Subsec. (b). Pub. L. 97295 1976Subsec. (a)(1). Pub. L. 94546 1974Subsec. (a)(3). Pub. L. 93283 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107295 Nov. 25, 2002 section 416(c) of Pub. L. 107295 section 2146 of this title Retired Pay on or Prior to September 24, 1963 Savings provisions in section 5(g) of Pub. L. 88130 Pub. L. 88130 Sept. 24, 1963 section 2101 of this title Effectiveness of Election, Change, or Revocation of Election of Annuity Savings provisions in section 5(h) of Pub. L. 88130 section 1431 of Title 10 section 2101 of this title  2144. Regular Coast Guard; officers serving under temporary appointments (a) Each officer of the Regular Coast Guard appointed under section 2104 of this title (1) be honorably discharged on June 30 of the promotion year in which his second failure of selection occurs; or (2) if he so requests, be honorably discharged at an earlier date without loss of benefits that would accrue if he were discharged on that date under clause (1); or (3) if on the date specified for his discharge in this section he is eligible for retirement under any law, be retired under that law on that date. (b) Each officer subject to discharge or retirement under subsection (a) may elect to revert to his permanent grade. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 184 Pub. L. 94546,  1(23) Oct. 18, 1976 90 Stat. 2520 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282,  112(b) section 284 of this title Subsec. (a). Pub. L. 115282,  123(b)(2) 1976Subsec. (a)(1). Pub. L. 94546 Statutory Notes and Related Subsidiaries Retired Pay on or Prior to September 24, 1963 Savings provisions in section 5(g) of Pub. L. 88130 Pub. L. 88130 Sept. 24, 1963 section 2101 of this title Effectiveness of Election, Change, or Revocation of Election of Annuity Savings provisions in section 5(h) of Pub. L. 88130 section 1431 of Title 10 section 2101 of this title  2145. Regular lieutenant commanders and commanders; retirement for failure of selection for promotion (a) Each officer of the Regular Coast Guard serving in the grade of lieutenant commander or commander, who has failed of selection for promotion to the grade of commander or captain, respectively, for the second time shall: (1) if he has completed at least 20 years of active service or is eligible for retirement under any law on June 30 of the promotion year in which his second failure of selection occurs, be retired on that date; or (2) if ineligible for retirement on the date specified in clause (1) be retained on active duty and retired on the last day of the month in which he completes twenty years of active service, unless earlier removed under another provision of law. (b) A lieutenant commander or commander of the Regular Coast Guard subject to discharge or retirement under subsection (a) may be continued on active duty when the Secretary directs a selection board convened under section 2106 of this title (c) (1) An officer who holds the grade of lieutenant commander of the Regular Coast Guard may not be continued on active duty under subsection (b) for a period that extends beyond 24 years of active commissioned service unless promoted to the grade of commander of the Regular Coast Guard. An officer who holds the grade of commander of the Regular Coast Guard may not be continued on active duty under subsection (b) for a period that extends beyond 26 years of active commissioned service unless promoted to the grade of captain of the Regular Coast Guard. (2) Unless retired or discharged under another provision of law, each officer who is continued on active duty under subsection (b) but is not subsequently promoted or continued on active duty, and is not on a list of officers recommended for continuation or for promotion to the next higher grade, shall, if eligible for retirement under any provision of law, be retired under that law on the first day of the first month following the month in which the period of continued service is completed. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 185 Pub. L. 93283,  1(7) May 14, 1974 88 Stat. 140 Pub. L. 94546,  1(24) Oct. 18, 1976 90 Stat. 2521 Pub. L. 107295, title IV,  412 Nov. 25, 2002 116 Stat. 2118 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282,  112(b) section 285 of this title Subsec. (b). Pub. L. 115282,  123(b)(2) 2002 Pub. L. 107295 1976 Pub. L. 94546 1974 Pub. L. 93283 Statutory Notes and Related Subsidiaries Retired Pay on or Prior to September 24, 1963 Savings provisions in section 5(g) of Pub. L. 88130 Pub. L. 88130 Sept. 24, 1963 section 2101 of this title Effectiveness of Election, Change, or Revocation of Election of Annuity Savings provisions in section 5(h) of Pub. L. 88130 section 1431 of Title 10 section 2101 of this title  2146. Discharge in lieu of retirement; separation pay (a) Each officer who is retained on active duty under section 2143(a)(4), 2143(b), or 2145 of this title may, if he so requests, with the approval of the Secretary, be honorably discharged at any time prior to the date otherwise specified for his retirement or discharge. (b) An officer of the Regular Coast Guard who is discharged under this section or section 2142, 2143, or 2144 of this title and has completed 6 or more, but less than 20, continuous years of active service immediately before that discharge or release is entitled to separation pay computed under subsection (d)(1) of section 1174 of title 10 (c) An officer of the Regular Coast Guard who is discharged under section 2164 of this title section 1174 of title 10 (d) Notwithstanding subsections (a) and (b), an officer discharged under this chapter for twice failing of selection for promotion to the next higher grade is not entitled to separation pay under this section if the officer requested in writing or otherwise sought not to be selected for promotion, or requested removal from the list of selectees. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 185 Pub. L. 107295, title IV,  416(a)(3) Nov. 25, 2002 116 Stat. 2121 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282,  112(b) section 286 of this title Subsec. (a). Pub. L. 115282,  123(b)(2) Subsec. (b). Pub. L. 115282,  123(b)(2) Subsec. (c). Pub. L. 115282,  123(b)(2) Subsec. (d). Pub. L. 115282,  123(c)(2)(A) 2002 Pub. L. 107295 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Pub. L. 107295, title IV,  416(c) Nov. 25, 2002 116 Stat. 2122 The amendments made by paragraphs (2), (3), (4), and (5) of subsection (a) [amending this section and sections 283, 286a, and 327 of this title] shall take effect 4 years after the date of enactment of this Act [ Nov. 25, 2002  2147. Regular warrant officers: separation pay (a) A regular warrant officer of the Coast Guard who is discharged under section 580 of title 10 section 1174 of title 10 (b) A regular warrant officer of the Coast Guard who is discharged under section 1165 or 1166 of title 10, and has completed 6 or more, but less than 20, continuous years of active service immediately before that discharge is entitled to separation pay computed under subsection (d)(1) or (d)(2) of section 1174 of title 10 (c) In determining a members years of active service for the purpose of computing separation pay under this section, each full month of service that is in addition to the number of full years of service creditable to the member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded. (d) The acceptance of separation pay under this section does not deprive an individual of any retirement benefits from the United States. However, there shall be deducted from each of his retirement payments so much thereof as is based on the service for which he has received separation pay under this section, until the total deductions equal the amount of such separation pay. (Added Pub. L. 96513, title V,  505(a)(1) Dec. 12, 1980 94 Stat. 2918 Pub. L. 102190, div. A, title XI,  1125(b)(1) Dec. 5, 1991 105 Stat. 1505 Pub. L. 103337, div. A, title V,  541(f)(2) Oct. 5, 1994 108 Stat. 2766 Pub. L. 105383, title II,  201(a) Nov. 13, 1998 112 Stat. 3414 Pub. L. 107295, title IV,  416(a)(4) Nov. 25, 2002 116 Stat. 2121 Pub. L. 112213, title II,  217(4) Dec. 20, 2012 126 Stat. 1557 Pub. L. 115282, title I,  112(b) Dec. 4, 2018 132 Stat. 4216 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4748  Editorial Notes Amendments 2021Subsec. (d). Pub. L. 116283 2018 Pub. L. 115282 section 286a of this title 2012Subsec. (d). Pub. L. 112213 2002 Pub. L. 107295 section 580(a)(4)(A) of title 10 section 1166 of title 10 1998Subsec. (b). Pub. L. 105383,  201(b) Subsec. (d). Pub. L. 105383,  201(a) 1994Subsec. (a). Pub. L. 103337 section 580(a)(4)(A) of title 10 section 564(a)(3) of title 10 1991Subsec. (a). Pub. L. 102190 section 564(a)(3) of title 10 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107295 Nov. 25, 2002 section 416(c) of Pub. L. 107295 section 2146 of this title Effective Date of 1994 Amendment Amendment by Pub. L. 103337 Oct. 5, 1994 section 541(h) of Pub. L. 103337 section 571 of Title 10 Effective Date of 1991 Amendment Amendment by Pub. L. 102190 Feb. 1, 1992 section 1132 of Pub. L. 102190 section 521 of Title 10 Effective Date Section effective Sept. 15, 1981 section 701 of Pub. L. 96513 section 101 of Title 10 Transition Provisions Under Defense Officer Personnel Management Act For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96513 Pub. L. 96513 Pub. L. 96513 section 611 of Title 10  2148. Separation for failure of selection for promotion or continuation; time of  If, under section 2142, 2143, 2144, 2145, 2150, or 2151 of this title, the discharge or retirement of any officer would be required less than six months following approval of the report of the board which considered but did not select him for promotion or continuation, the discharge or retirement of such officer shall be deferred until the last day of the sixth calendar month after such approval. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 185 Pub. L. 92451,  1(6) Oct. 2, 1972 86 Stat. 755 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282,  123(b)(2) Pub. L. 115282,  112(b) section 287 of this title 1972 Pub. L. 92451 Statutory Notes and Related Subsidiaries Effective Date of 1972 Amendment Amendment by Pub. L. 92451 Oct. 2, 1972 section 3 of Pub. L. 92451 section 2151 of this title  2149. Regular captains; retirement (a) Each officer of the Regular Coast Guard serving in the grade of captain whose name is not carried on an approved list of officers selected for promotion to the grade of rear admiral (lower half) shall, unless retired under some other provision of law, be retired on June 30 of the promotion year in which he, or any captain junior to him on the active duty promotion list who has not lost numbers or precedence, completes thirty years of active commissioned service in the Coast Guard. An officer advanced in precedence on the active duty promotion list because of his promotion resulting from selection for promotion from below the zone, or from being placed at the top of the list of selectees promulgated by the Secretary under section 2121(a) of this title (b) Retired pay computed under section 2504(a) of this title (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 185 Pub. L. 93283,  1(8) May 14, 1974 88 Stat. 140 Pub. L. 94546,  1(25) Oct. 18, 1976 90 Stat. 2521 Pub. L. 96342, title VIII,  813(f)(1) Sept. 8, 1980 94 Stat. 1109 Pub. L. 97417,  2(7) Jan. 4, 1983 96 Stat. 2085 Pub. L. 99348, title II,  205(b)(4) July 1, 1986 100 Stat. 700 Pub. L. 99661, div. A, title XIII,  1343(c) Nov. 14, 1986 100 Stat. 3995 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282,  112(b) section 288 of this title Subsec. (a). Pub. L. 115282,  309 section 2121(a) of this title Subsec. (b). Pub. L. 115282,  123(b)(2) 1986Subsec. (a). Pub. L. 99661 Subsec. (b). Pub. L. 99348 section 423(a) of this title section 423(b) of this title 1983Subsec. (a). Pub. L. 97417 1980Subsec. (b). Pub. L. 96342 1976Subsec. (a). Pub. L. 94546 1974Subsec. (a). Pub. L. 93283 Statutory Notes and Related Subsidiaries Effective Date of 1974 Amendment Amendment by Pub. L. 93283 Sept. 24, 1963 section 2 of Pub. L. 93283 section 2104 of this title Retirement, Retired Pay, and Election of Annuity as Affected by Pub. L. 88130 Savings provisions in section 5(f)(h) of Pub. L. 88130 section 2101 of this title  2150. Captains; continuation on active duty; involuntary retirement (a) The Secretary may, whenever the needs of the service require, but not more often than annually, convene a board consisting of not less than six officers of the grade of rear admiral (lower half) or rear admiral to recommend for continuation on active duty officers on the active duty promotion list serving in the grade of captain, who during the promotion year in which the board meets will complete at least three years service in that grade and who have not been selected for promotion to the grade of rear admiral (lower half). Officers who are subject to retirement under section 2149 of this title (b) Whenever he convenes a board under this section, the Secretary shall establish a continuation zone. The zone shall consist of the most senior captains eligible for consideration for continuation on active duty who have not previously been placed in a continuation zone under this section. The Secretary shall, based upon the needs of the service, prescribe the number of captains to be included in the zone. (c) Based on the needs of the service the Secretary shall furnish the board with the number of officers that may be recommended for continuation on active duty. This number shall be no less than 50 percent of the number considered. The board shall select from the designated continuation zone, in the number directed by the Secretary, those officers who are, in the opinion of the board, best qualified for continuation on active duty. (d) The provisions of sections 2108, 2109, 2115, and 2117 of this title relating to selection for promotion shall, to the extent that they are not inconsistent with the provisions of this section, apply to boards convened under this section. (e) The Secretary shall prescribe by regulation the detailed procedures whereby officers in a continuation zone will be selected for continuation on active duty. (f) A board convened under this section shall submit its report to the Secretary. If the board has acted contrary to law or regulation, the Secretary may return the report for proceedings in revision and resubmission to the Secretary. After his final review the Secretary shall submit the report of the board to the President for his approval. Except as required by the procedures of this section, the proceedings of the board shall not be disclosed to any individual who is not a member of the board. (g) Each officer who is considered but not recommended for continuation on active duty under the provisions of this section shall, unless retired under some other provision of law, be retired on June 30 of the promotion year in which the report of the continuation board convened under this section is approved, or the last day of the month in which he completes twenty years of active service, whichever is later. (h) Notwithstanding subsection (g) and section 2149 of this title section 2149 of this title (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 186 Pub. L. 94546,  1(26) Oct. 18, 1976 90 Stat. 2521 Pub. L. 97417,  2(8) Jan. 4, 1983 96 Stat. 2085 Pub. L. 99145, title V,  514(c)(1) Nov. 8, 1985 99 Stat. 629 Pub. L. 101225, title II,  203(3) Dec. 12, 1989 103 Stat. 1911 Pub. L. 104324, title II,  203 Oct. 19, 1996 110 Stat. 3907 Pub. L. 107295, title IV,  414 Nov. 25, 2002 116 Stat. 2120 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4748  Editorial Notes Amendments 2021Subsec. (f). Pub. L. 116283 2018 Pub. L. 115282,  112(b) section 289 of this title Subsec. (a). Pub. L. 115282,  123(b)(2) Subsec. (d). Pub. L. 115282,  123(b)(2) Subsec. (h). Pub. L. 115282,  123(b)(2) 2002Subsec. (h). Pub. L. 107295 1996Subsec. (f). Pub. L. 104324 1989Subsec. (c). Pub. L. 101225 1985Subsec. (a). Pub. L. 99145 1983Subsec. (a). Pub. L. 97417 1976Subsecs. (a), (g). Pub. L. 94546 Statutory Notes and Related Subsidiaries Effective Date Pub. L. 88130,  6 Sept. 24, 1963 77 Stat. 193 Section 289 [now 2150] of title 14, United States Code, as enacted by section 1(10)(C) of this Act [see section 5(a) of Pub. L. 88130 section 2101 of this title Sept. 24, 1963 July 1, 1966 Consideration for Retention on Active Duty Under Former Section 248 of This Title Pub. L. 88130,  2(c) Sept. 24, 1963 77 Stat. 191 Officers who, prior to the effective date of this Act [ Sept. 24, 1963 Retired Pay on or Prior to September 24, 1963 Savings provisions in section 5(g) of Pub. L. 88130 Pub. L. 88130 Sept. 24, 1963 section 2101 of this title Executive Documents  Delegation of Authority Authority of President under subsec. (f) of this section to approve the report of a board convened to recommend for continuation on active duty officers serving in the grade of captain delegated to Secretary of Homeland Security by Ex. Ord. No. 14106,  1(f), Aug. 14, 2023 section 2101 of this title  2151. Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retirement (a) The Secretary shall from time to time convene boards to recommend for continuation on active duty the most senior officers on the active duty promotion list serving in the grade of rear admiral (lower half) or rear admiral who have not previously been considered for continuation in that grade. Officers serving for the time being or who have served in or above the grade of vice admiral are not subject to consideration for continuation under this subsection, and as to all other provisions of this section shall be considered as having been continued at the grade of rear admiral. A board shall consist of at least 5 officers (other than the Commandant) serving in the grade of admiral or vice admiral or as rear admirals previously continued. Boards shall be convened frequently enough to assure that each officer serving in the grade of rear admiral (lower half) or rear admiral is subject to consideration for continuation during a promotion year in which that officer completes not less than four or more than five years combined service in the grades of rear admiral (lower half) and rear admiral. (b) The Secretary shall, based upon the needs of the service, furnish each board convened under this section with the number of officers to be considered for continuation on active duty. The number that may be recommended for continuation shall be not less than 50 per centum or more than 75 per centum of the number of officers being considered for continuation. (c) The provisions of sections 2108, 2109, 2115, and 2117 of this title relating to selection and continuation boards shall to the extent they are not inconsistent with the provisions of this section, apply to boards convened under this section. (d) A board convened under this section shall submit its report to the Secretary. If the board has acted contrary to law or regulation, the Secretary may return the report for proceedings in revision and resubmission to the Secretary. After final review the Secretary shall submit the report of the board to the President for approval. (e) Each officer who is considered but not continued on active duty under the provisions of this section shall, unless retired under some other provision of law, be retired on July 1 of the promotion year immediately following the promotion year in which the report of the continuation board convened under this section is approved. (f) (1) Unless retired under another provision of law, each officer who is continued on active duty under this section shall, except as provided in paragraph (2), be retired on July 1 of the promotion year immediately following the promotion year in which that officer completes seven years of combined service in the grades of rear admiral (lower half) and rear admiral, unless that officer is selected for or serving in the grade of admiral or vice admiral or the position of Superintendent of the Coast Guard Academy. (2) The Commandant, with the approval of the Secretary, may by annual action retain on active duty from promotion year to promotion year any officer who would otherwise be retired under paragraph (1). Unless selected for or serving in the grade of admiral or vice admiral or the position of Superintendent of the Coast Guard Academy, or retired under another provision of law, an officer so retained shall be retired on July 1 of the promotion year immediately following the promotion year in which no action is taken to further retain that officer under this paragraph. (g) (1) Unless retired under another provision of law, an officer subject to this section shall, except as provided in paragraph (2), be retired on July 1 of the promotion year immediately following the promotion year in which that officer completes a total of thirty-six years of active commissioned service unless selected for or serving in the grade of admiral. (2) The Commandant, with the approval of the Secretary, may by annual action retain on active duty from promotion year to promotion year any officer who would otherwise be retired under paragraph (1). Unless selected for or serving in the grade of admiral or retired under another provision of law, an officer so retained shall be retired on July 1 of the promotion year immediately following the promotion year in which no action is taken to further retain that officer under this paragraph. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 187 Pub. L. 92451,  1(7) Oct. 2, 1972 86 Stat. 756 Pub. L. 94546,  1(27) Oct. 18, 1976 90 Stat. 2521 Pub. L. 97136,  6(b) Dec. 29, 1981 95 Stat. 1706 Pub. L. 97417,  2(9)(A) Jan. 4, 1983 96 Stat. 2086 Pub. L. 98557,  25(a)(2) Oct. 30, 1984 98 Stat. 2872 Pub. L. 99145, title V,  514(c)(1) Nov. 8, 1985 99 Stat. 629 Pub. L. 102241,  5 Dec. 19, 1991 105 Stat. 2210 Pub. L. 103206, title II,  205(d) Dec. 20, 1993 107 Stat. 2422 Pub. L. 111281, title V,  511(e) Oct. 15, 2010 124 Stat. 2952 Pub. L. 112213, title II,  217(5) Dec. 20, 2012 126 Stat. 1557 Pub. L. 114328, div. C, title XXXV,  3522 Dec. 23, 2016 130 Stat. 2793 Pub. L. 115232, div. C, title XXXV,  3537 Aug. 13, 2018 132 Stat. 2322 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282,  112(b) section 290 of this title Subsec. (a). Pub. L. 115232 Subsec. (c). Pub. L. 115282,  123(b)(2) 2016Subsec. (a). Pub. L. 114328 2012Subsec. (a). Pub. L. 112213 2010Subsec. (a). Pub. L. 111281 1993Subsec. (a). Pub. L. 103206,  205(d)(1) Subsec. (f). Pub. L. 103206,  205(d)(2) 1991Subsec. (a). Pub. L. 102241,  5(b)(1) Subsec. (d). Pub. L. 102241,  5(b)(2) Subsec. (e). Pub. L. 102241,  5(a)(1) Subsecs. (f), (g). Pub. L. 102241,  5(a)(2) (f) Each officer who is continued on active duty under the provisions of this section shall, unless retired under some other provision of law, be retired on June 30 of the promotion year in which he completes a total of thirty-six years of active commissioned service, including service creditable for retirement purposes under sections 432, 433, 434 of this title. (g) Notwithstanding subsection (f) of this section, the Commandant, with the approval of the Secretary, may by annual action retain on active duty from promotion year to promotion year any officer who would otherwise be retired under subsection (f). An officer so retained, unless retired under some other provision of law, shall be retired on June 30 of that promotion year in which no action is taken to further retain him under this subsection. 1985 Pub. L. 99145,  514(c)(2)(A) Subsec. (a). Pub. L. 99145,  514(c)(1) 1984Subsec. (a). Pub. L. 98557 1983 Pub. L. 97417,  2(9)(A)(i) Subsec. (a). Pub. L. 97417,  2(9)(A)(ii) 1981Subsec. (a). Pub. L. 97136 1976Subsecs. (a), (e) to (g). Pub. L. 94546 1972 Pub. L. 92451 Subsecs. (a), (b). Pub. L. 92451 Subsec. (c). Pub. L. 92451 Subsecs. (d), (e). Pub. L. 92451 Subsec. (f). Pub. L. 92451 Subsec. (g). Pub. L. 92451 Statutory Notes and Related Subsidiaries Effective Date of 1972 Amendment Pub. L. 92451,  3 Oct. 2, 1972 86 Stat. 757 This Act [enacting sections 50 and 51 of this title, and amending this section, sections 41, 42, 44, 47, and 287 of this title, and section 202 of Title 37 Oct. 2, 1972 Oct. 2, 1972 Retired Pay on or Prior to September 24, 1963 Savings provisions in section 5(g) of Pub. L. 88130 Pub. L. 88130 Sept. 24, 1963 section 2101 of this title  2152. Voluntary retirement after twenty years service  Any regular commissioned officer who has completed twenty years active service in the Coast Guard, Navy, Army, Air Force, Marine Corps, or Space Force, or the Reserve components thereof, including active duty for training, at least ten years of which shall have been active commissioned service, may, upon his own application, in the discretion of the President, be retired from active service. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 187 Pub. L. 99348, title II,  205(b)(5) July 1, 1986 100 Stat. 700 Pub. L. 115282, title I,  112(b) Dec. 4, 2018 132 Stat. 4216 Pub. L. 116283, div. A, title IX,  927(b)(1) Jan. 1, 2021 134 Stat. 3831  Editorial Notes Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 291 of this title 1986 Pub. L. 99348 Statutory Notes and Related Subsidiaries Retired Pay on or Prior to September 24, 1963 Savings provisions in section 5(g) of Pub. L. 88130 Pub. L. 88130 Sept. 24, 1963 section 2101 of this title  2153. Voluntary retirement after thirty years service  Any regular commissioned officer who has completed thirty years service may, upon his own application, in the discretion of the Secretary, be retired from active service. 1 1 (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 187 Pub. L. 99348, title II,  205(b)(5) July 1, 1986 100 Stat. 700 Pub. L. 115282, title I,  112(b) Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282 section 292 of this title 1986 Pub. L. 99348 Statutory Notes and Related Subsidiaries Retired Pay on or Prior to September 24, 1963 Savings provisions in section 5(g) of Pub. L. 88130 Pub. L. 88130 Sept. 24, 1963 section 2101 of this title  2154. Compulsory retirement (a)  Regular Commissioned Officers Any regular commissioned officer, except a commissioned warrant officer, serving in a grade below rear admiral (lower half) shall be retired on the first day of the month following the month in which the officer becomes 62 years of age. (b)  Flag-Officer Grades (1) Except as provided in paragraph (2), any regular commissioned officer serving in a grade of rear admiral (lower half) or above shall be retired on the first day of the month following the month in which the officer becomes 64 years of age. (2) The retirement of an officer under paragraph (1) may be deferred (A) by the President, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age; or (B) by the Secretary of the department in which the Coast Guard is operating, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 66 years of age. (Added Pub. L. 111281, title II,  215(a) Oct. 15, 2010 124 Stat. 2916 Pub. L. 115282, title I,  112(b) Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282 section 293 of this title  2155. Retirement for physical disability after selection for promotion; grade in which retired  An officer whose name appears on an approved list of officers selected for promotion to the next higher grade and who is retired for physical disability under the provisions of chapter 61 of title 10 prior to being promoted shall be retired in the grade to which he was selected for promotion. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 187 Pub. L. 115282, title I,  112(b) Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282 section 294 of this title Statutory Notes and Related Subsidiaries Retired Pay on or Prior to September 24, 1963 Savings provisions in section 5(g) of Pub. L. 88130 Pub. L. 88130 Sept. 24, 1963 section 2101 of this title  2156. Deferment of retirement or separation for medical reasons (a) Subject to subsection (b), the Secretary may defer the retirement or separation of a commissioned officer, other than a commissioned warrant officer, if the evaluation of the physical condition of the officer and determination of the officers entitlement to retirement or separation for physical disability require hospitalization, medical observation, or other physical disability processing that cannot be completed before the date on which the officer would otherwise be retired or separated. (b) A deferment under subsection (a) (1) may only be made with the consent of the officer involved; and (2) if the Secretary receives written notice from the officer withdrawing that consent, shall end not later than the end of the sixty-day period beginning on the date the Secretary receives that notice. (Added Pub. L. 98557,  17(b)(2)(A) Oct. 30, 1984 98 Stat. 2867 Pub. L. 115282, title I,  112(b) Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282 section 295 of this title  2157. Flag officers  During any period in which the Coast Guard is not operating as a service in the Navy, section 1216(d) of title 10 (Added Pub. L. 113281, title II,  212(a) Dec. 18, 2014 128 Stat. 3029 Pub. L. 115282, title I,  112(b) Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282 section 296 of this title  2158. Review of records of officers The Secretary may at any time convene a board of officers to review the record of any officer of the Regular Coast Guard to determine whether he shall be required to show cause for his retention on active duty (1) because his performance of duty has fallen below the standards prescribed by the Secretary, or (2) because of moral dereliction, professional dereliction, or because his retention is not clearly consistent with the interests of national security. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 187 Pub. L. 115282, title I,  112(b) Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282 section 321 of this title  2159. Boards of inquiry (a) Boards of inquiry shall be convened at such places as the Secretary may prescribe to receive evidence and make findings and recommendations whether an officer who is required to show cause for retention under section 2158 of this title (b) A fair and impartial hearing before a board of inquiry shall be given to each officer so required to show cause for retention. (c) If a board of inquiry determines that the officer has failed to establish that he should be retained, it shall send the record of its proceedings to a board of review. (d) If a board of inquiry determines that the officer has established that he should be retained, his case is closed. However, at any time after one year from the date of the determination in a case arising under clause (1) of section 2158 of this title (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 188 Pub. L. 97295,  2(10) Oct. 12, 1982 96 Stat. 1302 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282,  112(b) section 322 of this title Subsecs. (a), (d). Pub. L. 115282,  123(b)(2) 1982Subsec. (d). Pub. L. 97295  2160. Boards of review (a) Boards of review shall be convened at such times as the Secretary may prescribe, to review the records of cases of officers recommended by boards of inquiry for removal. (b) If, after reviewing the record of the case, a board of review determines that the officer has failed to establish that he should be retained, it shall send its recommendation to the Secretary for his action. (c) If, after reviewing the record of the case, a board of review determines that the officer has established that he should be retained on active duty, his case is closed. However, at any time after one year from the date of the determination in a case arising under clause (1) of section 2158 of this title (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 188 Pub. L. 97295,  2(10) Oct. 12, 1982 96 Stat. 1302 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282,  112(b) section 323 of this title Subsec. (c). Pub. L. 115282,  123(b)(2) 1982Subsec. (c). Pub. L. 97295  2161. Composition of boards (a) A board convened under section 2158, 2159, or 2160 of this title shall consist of at least three officers of the grade of commander or above, all of whom are serving in a grade senior to the grade of any officer considered by the board. (b) No individual may be a member of more than one board convened under section 2158, 2159, or 2160 of this title to consider the same officer. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 188 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4748  Editorial Notes Amendments 2021Subsec. (b). Pub. L. 116283 2018 Pub. L. 115282,  123(b)(2) Pub. L. 115282,  112(b) section 324 of this title  2162. Rights and procedures Each officer under consideration for removal under section 2159 of this title (1) notified in writing at least thirty days before the hearing of the case by a board of inquiry of the reasons for which the officer is being required to show cause for retention; (2) allowed reasonable time, as determined by the board of inquiry under regulations of the Secretary, to prepare his defense; (3) allowed to appear in person and by counsel at proceedings before a board of inquiry; and (4) allowed full access to, and furnished copies of, records relevant to the case at all stages of the proceeding, except that a board shall withhold any records that the Secretary determines should be withheld in the interests of national security. In any case where any records are withheld under this clause, the officer whose case is under consideration shall, to the extent that the national security permits, be furnished a summary of the records so withheld. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 188 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282,  123(b)(2) Pub. L. 115282,  112(b) section 325 of this title  2163. Removal of officer from active duty; action by Secretary  The Secretary may remove an officer from active duty if his removal is recommended by a board of review under section 2160 of this title (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 189 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282,  123(b)(2) Pub. L. 115282,  112(b) section 326 of this title  2164. Officers considered for removal; retirement or discharge; separation benefits (a) At any time during proceedings under section 2159 or 2160 of this title, and before the removal of an officer, the Secretary may grant a request (1) for voluntary retirement, if the officer is otherwise qualified therefor; or (2) for discharge with separation benefits under section 2146(c) of this title (b) Each officer removed from active duty under section 2163 of this title (1) if on the date of removal the officer is eligible for voluntary retirement under any law, be retired in the grade for which he would be eligible if retired at his request; or (2) if on that date the officer is ineligible for voluntary retirement under any law, be honorably discharged with separation benefits under section 2146(c) of this title (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 189 Pub. L. 97295,  2(10) Oct. 12, 1982 96 Stat. 1302 Pub. L. 99348, title II,  205(b)(6) July 1, 1986 100 Stat. 700 Pub. L. 105383, title II,  201(c) Nov. 13, 1998 112 Stat. 3414 Pub. L. 107295, title IV,  416(a)(5) Nov. 25, 2002 116 Stat. 2122 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282,  112(b) section 327 of this title Subsec. (a). Pub. L. 115282,  123(b)(2) Subsec. (a)(2). Pub. L. 115282,  123(b)(2) Subsec. (b). Pub. L. 115282,  123(b)(2) Subsec. (b)(2). Pub. L. 115282,  123(b)(2) 2002 Pub. L. 107295,  416(a)(5)(A) Subsec. (a)(2). Pub. L. 107295,  416(a)(5)(B) section 321 of this title Subsec. (a)(3). Pub. L. 107295,  416(a)(5)(C) section 321 of this title Subsec. (b)(2). Pub. L. 107295,  416(a)(5)(D) section 321 of this title Subsec. (b)(3). Pub. L. 107295,  416(a)(5)(E) section 321 of this title 1998Subsec. (b)(3). Pub. L. 105383 1986Subsec. (b)(1). Pub. L. 99348 1982 Pub. L. 97295 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107295 Nov. 25, 2002 section 416(c) of Pub. L. 107295 section 2146 of this title  2165. Relief of retired officer promoted while on active duty  Any regular officer on the retired list recalled to active duty who during such active duty is advanced to a higher grade under an appointment shall, upon relief from active duty, if his performance of duty under such appointment has been satisfactory, be advanced on the retired list to the highest grade held while on such active duty. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 189 Pub. L. 115282, title I,  112(b) Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282 section 333 of this title  2166. Continuation on active duty; Coast Guard officers with certain critical skills (a)  In General The Commandant may authorize an officer in a grade above grade O2 to remain on active duty after the date otherwise provided for the retirement of such officer in section 2154 of this title (b)  Critical Skills, Specialty, or Career Field The Commandant shall designate any critical skill, specialty, or career field eligible for continuation on active duty as provided in subsection (a). (c)  Duration of Continuation An officer continued on active duty pursuant to this section shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 40 years of active service. (d)  Policy The Commandant shall carry out this section by prescribing policy which shall specify the criteria to be used in designating any critical skill, specialty, or career field for purposes of subsection (b). (Added Pub. L. 117263, div. K, title CXII,  11235(a) Dec. 23, 2022 136 Stat. 4035 SUBCHAPTER III GENERAL PROVISIONS  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  112(c)(5) Dec. 4, 2018 132 Stat. 4221  2181. Physical fitness of officers  The Secretary shall prescribe regulations under which the physical fitness of officers to perform their duties shall be periodically determined. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 190 Pub. L. 115282, title I,  112(b) Dec. 4, 2018 132 Stat. 4216  Editorial Notes Amendments 2018 Pub. L. 115282 section 335 of this title  2182. Multirater assessment of certain personnel (a)  Multirater Assessment of Certain Personnel. (1)  In general Commencing not later than one year after the date of the enactment of the Coast Guard Authorization Act of 2016, the Commandant shall develop and implement a plan to conduct every two years a multirater assessment for each of the following: (A) Each flag officer of the Coast Guard. (B) Each member of the Senior Executive Service of the Coast Guard. (C) Each officer of the Coast Guard nominated for promotion to the grade of flag officer. (2)  Officers Each officer of the Coast Guard shall undergo a multirater assessment before promotion to (A) the grade of O4; (B) the grade of O5; and (C) the grade of O6. (3)  Enlisted members Each enlisted member of the Coast Guard shall undergo a multirater assessment before advancement to (A) the grade of E7; (B) the grade of E8; (C) the grade of E9; and (D) the grade of E10. (4)  Selection An individual assessed shall not be permitted to select the peers and subordinates who provide opinions for the multirater assessment of such individual. (5)  Post-assessment elements. (A)  In general Following an assessment of an individual pursuant to paragraphs (1) through (3), the individual shall be provided appropriate post-assessment counseling and leadership coaching. (B)  Availability of results The supervisor of the individual assessed shall be provided with the results of the multirater assessment. (b)  Multirater Assessment Defined In this section, the term multirater assessment means a review that seeks opinion from members senior to the reviewee and the peers and subordinates of the reviewee. (Added Pub. L. 114120, title II,  214(a)(1) Feb. 8, 2016 130 Stat. 43 Pub. L. 114328, div. C, title XXXV,  3503(a) Dec. 23, 2016 130 Stat. 2775 Pub. L. 115232, div. C, title XXXV,  3531(c)(12) Aug. 13, 2018 132 Stat. 2320 Pub. L. 115282, title I,  112(b) Dec. 4, 2018 132 Stat. 4216 Pub. L. 117263, div. K, title CXII,  11244(a) Dec. 23, 2022 136 Stat. 4042  Editorial Notes  References in Text The date of the enactment of the Coast Guard Authorization Act of 2016, referred to in subsec. (a)(1), is the date of enactment of Pub. L. 114120 Feb. 8, 2016 Amendments 2022Subsec. (a)(2) to (5). Pub. L. 117263 2018 Pub. L. 115282 section 429 of this title Subsec. (a)(1). Pub. L. 115232 2016Subsec. (a)(1). Pub. L. 114328 Statutory Notes and Related Subsidiaries Effective Date of 2016 Amendment Amendment by Pub. L. 114328 Pub. L. 114120 section 3503(e) of Pub. L. 114328 section 315 of this title CHAPTER 23 PERSONNEL; ENLISTED    Sec.  2301. Recruiting campaigns.  2302. Enlistments; term, grade.  2303. Promotion.  2304. Compulsory retirement at age of sixty-two.  2305. Voluntary retirement after thirty years service.  2306. Voluntary retirement after twenty years service.  2307. Retirement of enlisted members: increase in retired pay.  2308. Recall to active duty during war or national emergency.  2309. Recall to active duty with consent of member.  2310. Relief of retired enlisted member promoted while on active duty.  2311. Retirement in cases where higher grade or rating has been held.  2312. Extension of enlistments.  2313. Retention beyond term of enlistment in case of disability.  2314. Detention beyond term of enlistment.  2315. Inclusion of certain conditions in enlistment contract.  2316. Discharge within three months before expiration of enlistment.  2317. Aviation cadets; procurement; transfer.  2318. Aviation cadets; benefits.  2319. Critical skill training bonus.  Editorial Notes Prior Provisions A prior analysis for chapter 23 COAST GUARD AUXILIARY consisted of items 821 Administration of the Coast Guard Auxiliary, 822 Purpose of the Coast Guard Auxiliary, 823 Eligibility; enrollments, 823a Members of the Auxiliary; status, 824 Disenrollment, 825 Membership in other organizations, 826 Use of members facilities, 827 Vessel deemed public vessel, 828 Aircraft deemed public aircraft, 829 Radio station deemed government station, 830 Availability of appropriations, 831 Assignment and performance of duties, and 832 Injury or death in line of duty, prior to repeal by Pub. L. 115282, title I,  113(a) Dec. 4, 2018 132 Stat. 4221 Amendments 2018 Pub. L. 115282, title I,  113(a) Dec. 4, 2018 132 Stat. 4221  2301. Recruiting campaigns  The Secretary shall initiate and carry forward an intensified voluntary enlistment campaign to obtain the required personnel strengths. (Added Aug. 10, 1956, ch. 1041,  7(a) 70A Stat. 620 Pub. L. 115282, title I,  113(b) Dec. 4, 2018 132 Stat. 4221        Historical and Revision Notes  Revised section Source (U.S. Code) Source (Statutes at Large)  350 34:187 (as made applicable to Coast Guard by 34:189). 34:189 (as applicable to 34:187). 50 App.:470 (last sentence). Oct. 6, 1945, ch. 393 59 Stat. 538 June 24, 1948, ch. 625,  20 62 Stat. 627 Sept. 27, 1950, ch. 1059,  1(14) 64 Stat. 1074 Editorial Notes Amendments 2018 Pub. L. 115282 section 350 of this title Statutory Notes and Related Subsidiaries Partnership Program To Diversify Coast Guard Pub. L. 117263, div. K, title CXII,  11246 Dec. 23, 2022 136 Stat. 4046  (a)  Establishment The Commandant [of the Coast Guard] shall establish a program for the purpose of increasing the number of individuals in the enlisted ranks of the Coast Guard who are (1) underrepresented minorities; or (2) from rural areas. (b)  Partnerships In carrying out the program established under subsection (a), the Commandant shall (1) seek to enter into 1 or more partnerships with eligible institutions (A) to increase the visibility of Coast Guard careers; (B) to promote curriculum development (i) to enable acceptance into the Coast Guard; and (ii) to improve success on relevant exams, such as the Armed Services Vocational Aptitude Battery; and (C) to provide mentoring for students entering and beginning Coast Guard careers; and (2) enter into a partnership with an existing Junior Reserve Officers Training Corps for the purpose of promoting Coast Guard careers. (c)  Definitions In this section: (1)  Eligible institution The term eligible institution means an institution (A) that is (i) an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 (ii) a junior or community college (as such term is defined in section 312 of the Higher Education Act of 1965 ( 20 U.S.C. 1058 (B) that is (i) a part B institution (as such term is defined in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 (ii) a Tribal College or University (as such term is defined in section 316(b) of such Act ( 20 U.S.C. 1059c(b) (iii) a Hispanic-serving institution (as such term is defined in section 502 of such Act ( 20 U.S.C. 1101a (iv) an Alaska Native-serving institution or a Native Hawaiian-serving institution (as such term is defined in section 317(b) of such Act ( 20 U.S.C. 1059d(b) (v) a Predominantly Black institution (as such term is defined in section 371(c) of that Act ( 20 U.S.C. 1067q(c) (vi) an Asian American and Native American Pacific Islander-serving institution (as defined in section 320(b) of such Act ( 20 U.S.C. 1059g(b) (vii) a Native American-serving nontribal institution (as defined in section 319(b) of such Act ( 20 U.S.C. 1059f(b) (2)  Rural area The term rural area means an area that is outside of an urbanized area, as determined by the Bureau of the Census.  2302. Enlistments; term, grade (a) Under regulations prescribed by the Secretary, the Commandant may enlist persons for the duration of their minority or a period of at least two years but not more than six years. (b) The Secretary shall prescribe the grades or ratings for persons enlisting in the Regular Coast Guard. ( Aug. 4, 1949, ch. 393 63 Stat. 520 Aug. 3, 1950, ch. 536,  16 64 Stat. 407 Aug. 10, 1956, ch. 1041 70A Stat. 620 Pub. L. 98557,  15(a)(3)(F) Oct. 30, 1984 98 Stat. 2865 Pub. L. 108293, title II,  203 Aug. 9, 2004 118 Stat. 1032 Pub. L. 115232, div. C, title XXXV,  3533(h) Aug. 13, 2018 132 Stat. 2321 Pub. L. 115282, title I,  113(b) Dec. 4, 2018 132 Stat. 4221  Historical and Revision Notes 1949 Act Based on title 14, U.S.C., 1946 ed.,  35, 35a, 206 ( May 26, 1906, ch. 2556,  1 34 Stat. 200 Jan. 28, 1915, ch. 20,  1 38 Stat. 800 Apr. 21, 1924, ch. 130,  6 43 Stat. 106 July 30, 1937, ch. 545,  1 50 Stat. 547 July 11, 1941, ch. 290,  8 55 Stat. 586 Aug. 18, 1941, ch. 364,  3 55 Stat. 629 Section 35 of title 14 section 367(b) of this title section 365 of this title section 367(a) of this title section 366 of this title Section 206 of title 14 section 302 of this title Certain additional details concerning the two types of enlistments are added; these details were previously covered in Coast Guard Regulations. This section makes provision for the enlistment of personnel in the Coast Guard. The first sentence grants the necessary authority to the Secretary, changes existing law in regard to the term of enlistment from not to exceed four years to not to exceed six years, and adds a provision for the enlistment of minors for their minority only, such provision being in accordance with existing law applicable to the Navy. The next three sentences establish and define the two types of enlistments that are now in effect in the Coast Guard, setting forth the basic difference in the two types. The last sentence continues a provision to the effect that original enlistments in the Coast Guard shall be temporary. This section is a combination of existing law and regulations in regard to enlistments, with changes as noted above. See title 14, U.S.C., 1946 ed.,  35, and Coast Guard Regulations, sections 531 and 532. 81st Congress, House Report No. 557.      1956 Act  Revised section Source (U.S. Code) Source (Statutes at Large)  351 14:351. 34:188 (as made applicable to Coast Guard by 34:189). 34:189 (as applicable to 34:188). Aug. 4, 1949, ch. 393,  1 63 Stat. 520 Aug. 3, 1950, ch. 536,  16 64 Stat. 407 Oct. 6, 1945, ch. 393,  5 59 Stat. 539 The words notwithstanding any other provision of law and or reenlisted are omitted as surplusage. 34 U.S.C. 188 Editorial Notes Amendments 2018 Pub. L. 115282 section 351 of this title Subsec. (a). Pub. L. 115232 2004Subsec. (a). Pub. L. 108293 1984Subsec. (a). Pub. L. 98557 1956Act Aug. 10, 1956 1950Act Aug. 3, 1950  2303. Promotion  Enlisted members shall be advanced in rating by the Commandant under regulations prescribed by the Secretary. ( Aug. 4, 1949, ch. 393 63 Stat. 520 Pub. L. 98557,  15(a)(3)(C) Oct. 30, 1984 98 Stat. 2865 Pub. L. 115282, title I,  113(b) Dec. 4, 2018 132 Stat. 4221  Historical and Revision Notes Derived from title 14, U.S.C., 1946 ed.,  23 ( Apr. 16, 1908, ch. 145,  8 35 Stat. 62 Inasmuch as all phases of promotion of enlisted men, except the points covered by title 14, U.S.C., 1946 ed.,  23, have been left to administrative control heretofore, and this has proved most satisfactory, the entire promotion of enlisted men is delegated to administrative control by this section. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 352 of this title 1984 Pub. L. 98557  2304. Compulsory retirement at age of sixty-two  Any enlisted member who has reached the age of sixty-two shall be retired from active service. ( Aug. 4, 1949, ch. 393 63 Stat. 520 Pub. L. 98557,  15(a)(3)(A) Oct. 30, 1984 98 Stat. 2865 Pub. L. 99348, title II,  205(b)(8) July 1, 1986 100 Stat. 700 Pub. L. 115282, title I,  113(b) Dec. 4, 2018 132 Stat. 4221  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  173 ( Apr. 12, 1902, ch. 501,  4 32 Stat. 100 Section 173 of title 14 section 230 of this title section 303 of this title The compulsory retirement age is changed from 64 to 62 in order to make it the same for enlisted men as for officers. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 353 of this title 1986 Pub. L. 99348 1984 Pub. L. 98557  2305. Voluntary retirement after thirty years service  Any enlisted member who has completed thirty years service may, upon his own application, in the discretion of the Commandant, be retired from active service. ( Aug. 4, 1949, ch. 393 63 Stat. 521 Pub. L. 98557,  15(a)(3)(A) Oct. 30, 1984 98 Stat. 2865 Pub. L. 99348, title II,  205(b)(8) July 1, 1986 100 Stat. 700 Pub. L. 115282, title I,  113(b) Dec. 4, 2018 132 Stat. 4221  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  175 ( Jan. 28, 1915, ch. 20,  3 38 Stat. 801 Said section has been divided. That part dealing with retirement of enlisted men is placed in this section. That part dealing with retirement of commissioned officers is placed in section 231 of this title section 304 of this title section 423 of this title The authority to approve was granted to the Commandant in lieu of the Secretary. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 354 of this title 1986 Pub. L. 99348 1984 Pub. L. 98557  2306. Voluntary retirement after twenty years service  Any enlisted member who has completed twenty years service may, upon his own application, in the discretion of the Commandant, be retired from active service. ( Aug. 4, 1949, ch. 393 63 Stat. 521 Pub. L. 98557,  15(a)(3)(A) Oct. 30, 1984 98 Stat. 2865 Pub. L. 99348, title II,  205(b)(8) July 1, 1986 100 Stat. 700 Pub. L. 115282, title I,  113(b) Dec. 4, 2018 132 Stat. 4221  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  185a ( May 24, 1939, ch. 146,  2 53 Stat. 755 Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 355 of this title 1986 Pub. L. 99348 1984 Pub. L. 98557  2307. Retirement of enlisted members: increase in retired pay An enlisted member voluntarily or involuntarily retired after twenty years of service who was cited for extraordinary heroism in the line of duty shall be entitled to an increase in retired pay. The retired pay shall be increased by 10 percent of (1) the active-duty pay and permanent additions thereto of the grade or rating with which retired when the members retired pay is computed under section 2504(a) of this title (2) the members retired pay base under section 1407 of title 10 section 2504(b) of this title ( Aug. 4, 1949, ch. 393 63 Stat. 521 Aug. 3, 1950, ch. 536,  17 64 Stat. 407 Pub. L. 88114,  1(1) Sept. 6, 1963 77 Stat. 144 Pub. L. 98557,  15(a)(3)(A) Oct. 30, 1984 98 Stat. 2865 Pub. L. 99348, title II,  205(b)(9) July 1, 1986 100 Stat. 700 Pub. L. 102241,  6 Dec. 19, 1991 105 Stat. 2210 Pub. L. 114120, title II,  215(a) Feb. 8, 2016 130 Stat. 45 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4221  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  185, 185d ( May 24, 1939, ch. 146 53 Stat. 755 Subsection (b) is new and implements the preceding subsection; it seems necessary in view of certain statutes enacted as the result of World War II. Subsection (c) is based on title 14, U.S.C., 1946 ed.,  185d ( May 24, 1939, ch. 146,  5 53 Stat. 756 section 423 of this title section 424 of this title Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282,  113(b) section 357 of this title Par. (1). Pub. L. 115282,  123(b)(2) Par. (2). Pub. L. 115282,  123(b)(2) 2016 Pub. L. 114120,  215(b)(1) Pub. L. 114120,  215(a) 1991 Pub. L. 102241 1986Subsec. (b). Pub. L. 99348,  205(b)(9)(A) Subsec. (c). Pub. L. 99348,  205(b)(9)(B) section 1407 of title 10 section 423(b) of this title 1984 Pub. L. 98557,  15(a)(3)(A) Subsec. (a). Pub. L. 98557,  15(a)(3)(B) 1963Subsec. (c). Pub. L. 88114 1950Subsec. (c). Act Aug. 3, 1950 Statutory Notes and Related Subsidiaries Enlisted Men in Service on September 6, 1963 Pub. L. 88114,  2 Sept. 6, 1963 77 Stat. 144 The amendment made by subsection (1) of section 1 of this Act [amending this section] does not apply to any enlisted man in service on the effective date of this Act [ Sept. 6, 1963 Service Credit for Certain Enlisted Personnel Act June 3, 1948, ch. 394 62 Stat. 302  2308. Recall to active duty during war or national emergency  In times of war or national emergency, the Commandant may order any enlisted member on the retired list to active duty. ( Aug. 4, 1949, ch. 393 63 Stat. 522 Aug. 3, 1950, ch. 536,  18 64 Stat. 407 Pub. L. 98557,  15(a)(3)(A) Oct. 30, 1984 98 Stat. 2865 Pub. L. 115282, title I,  113(b) Dec. 4, 2018 132 Stat. 4221  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  185c ( May 24, 1939, ch. 146,  4 53 Stat. 755 This section was changed so as to make provisions for enlisted men parallel to similar provisions for commissioned and warrant officers (see  240 and 310 of the revised title). It seems fair and equitable that similar provisions should apply to all classes of personnel insofar as practicable. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 359 of this title 1984 Pub. L. 98557 1950Act Aug. 3, 1950 Executive Documents  Delegation of Authority For delegation of authority under this section, as invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001 section 12302 of Title 10  2309. Recall to active duty with consent of member  Any enlisted member on the retired list may, with his consent, be assigned to such duties as he may be able to perform, except that no enlisted member on the retired list who has reached the age of sixty-two years shall be recalled in time of peace. ( Aug. 4, 1949, ch. 393 63 Stat. 522 Aug. 3, 1950, ch. 536,  19 64 Stat. 407 Pub. L. 98557,  15(a)(3)(A) Oct. 30, 1984 98 Stat. 2865 Pub. L. 115282, title I,  113(b) Dec. 4, 2018 132 Stat. 4221  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  185c ( May 24, 1939, ch. 146,  4 53 Stat. 755 This section was changed so as to make provisions for enlisted men parallel to similar provisions for commissioned and warrant officers (see  241 and 311 of the revised title). It seems fair and equitable that similar provisions should apply to all classes of personnel insofar as practicable. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 360 of this title 1984 Pub. L. 98557 1950Act Aug. 3, 1950  2310. Relief of retired enlisted member promoted while on active duty  Any enlisted member on the retired list recalled to active duty who during such active duty is advanced to a higher grade or rating under a permanent or temporary appointment or promotion shall, upon relief from active duty be advanced on the retired list to the highest grade or rating held while on active duty. In case the appointment or promotion was temporary the advancement on the retired list shall be made only to such grade or rating in which the member served satisfactorily on active duty. ( Aug. 4, 1949, ch. 393 63 Stat. 522 Aug. 3, 1950, ch. 536,  20 64 Stat. 407 Pub. L. 98557,  15(a)(3)(A) Oct. 30, 1984 98 Stat. 2865 Pub. L. 115282, title I,  113(b) Dec. 4, 2018 132 Stat. 4221  Historical and Revision Notes Derived from title 34, U.S.C., 1946 ed.,  3501(a) and (b), 350j(b) ( July 24, 1941, ch. 320,  10 55 Stat. 605 Feb. 21, 1946, ch. 34,  8(a) 60 Stat. 28 Said sections have application to officers only, but in accord with the general plan to make as many provisions as possible applicable both to officers and men, it seems highly desirable to provide similarly for enlisted mena fortiori because there are cases in the Coast Guard in which enlisted men are suffering inequitably because there is no provision for advancing men on the retired list after they have been advanced in rating while serving on active duty after recall from the retired list. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 361 of this title 1984 Pub. L. 98557 1950Act Aug. 3, 1950  2311. Retirement in cases where higher grade or rating has been held  Any enlisted member who is retired under any provision of section 2304, 2305, 2306, or 2307 of this title shall be retired from active service with the highest grade or rating held by him while on active duty in which, as determined by the Secretary, his performance of duty was satisfactory, but not lower than his permanent grade or rating. ( Aug. 4, 1949, ch. 393 63 Stat. 522 Aug. 3, 1950, ch. 536,  21 64 Stat. 407 Pub. L. 97295,  2(9) Oct. 12, 1982 96 Stat. 1302 Pub. L. 98557,  15(a)(3)(A) Oct. 30, 1984 98 Stat. 2865 Pub. L. 99348, title II,  205(b)(8) July 1, 1986 100 Stat. 700 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4221  Historical and Revision Notes Based on title 34, U.S.C., 1946 ed.,  3501(e) ( July 24, 1941, ch. 320,  10 55 Stat. 605 Feb. 21, 1946, ch. 34,  8(a) 60 Stat. 28 The requirement that the higher grade or rating be held prior to June 30, 1946 section 303 of the act of June 29, 1948, ch. 708 62 Stat. 1081 July 24, 1941 55 Stat. 605 Editorial Notes Amendments 2018 Pub. L. 115282,  123(b)(2) Pub. L. 115282,  113(b) section 362 of this title 1986 Pub. L. 99348 1984 Pub. L. 98557 1982 Pub. L. 97295 1950Act Aug. 3, 1950  2312. Extension of enlistments  Under regulations prescribed by the Secretary, the term of enlistment of any enlisted member may, by voluntary written agreement, be extended and re-extended for a period not exceeding six full years from the date of expiration of the then-existing term of enlistment, and subsequent to such date an enlisted member who so extends his term of enlistment shall receive the same pay and allowances in all respects as though regularly discharged and reenlisted immediately upon expiration of his term of enlistment. However, the total of all such extensions of an enlistment may not exceed six years. No such extension shall operate to deprive the enlisted member concerned, upon discharge at the termination thereof, of any right, privilege, or benefit to which he would have been entitled if his term of enlistment had not been so extended. ( Aug. 4, 1949, ch. 393 63 Stat. 523 Pub. L. 86474,  1(18) May 14, 1960 74 Stat. 146 Pub. L. 98557,  15(a)(3)(A) Oct. 30, 1984 98 Stat. 2865 Pub. L. 115282, title I,  113(b) Dec. 4, 2018 132 Stat. 4221  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  35 ( May 26, 1906, ch. 2556,  1 34 Stat. 200 Jan. 28, 1915, ch. 20,  1 38 Stat. 800 July 30, 1937, ch. 545,  1 50 Stat. 547 July 11, 1941, ch. 290,  8 55 Stat. 586 Said section has been divided. Subsection (b) is placed in this section. The provisions of the first sentence of subsection (a) are placed in section 351 of this title section 367(b) of this title section 367(a) of this title section 366 of this title Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 365 of this title 1984 Pub. L. 98557 1960 Pub. L. 86474  2313. Retention beyond term of enlistment in case of disability  Any enlisted member of the Coast Guard in the active service whose term of enlistment expires while he is suffering disease or injury incident to service and not due to misconduct, and who is in need of medical care or hospitalization, may, with his consent, be retained in such service beyond the expiration of his term of enlistment. Any such enlisted member shall be entitled to receive at Government expense medical care or hospitalization and his pay and allowances, including credit for longevity, until he shall have recovered to such extent as would enable him to meet the physical requirements for reenlistment, or until it shall have been ascertained by competent authority of the Coast Guard that the disease or injury is of a character that recovery to such an extent would be impossible. Any enlisted member whose enlistment is so extended shall be subject to forfeitures in the same manner and to the same extent as if his term of enlistment had not expired. Nothing contained in this section shall prevent any enlisted member from being held in the service without his consent under section 2314 of this title ( Aug. 4, 1949, ch. 393 63 Stat. 523 Pub. L. 98557,  15(a)(3)(A) Oct. 30, 1984 98 Stat. 2865 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4221  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  35b ( Dec. 12, 1941, ch. 566 55 Stat. 797 The parenthetical part, which has no application insofar as the Coast Guard is concerned, has been eliminated. Inasmuch as the act cited above applies equally to the Army, Navy, and Marine Corps, as well as the Coast Guard, it is not scheduled for repeal but is being amended by section 14 of this act to eliminate reference to the Coast Guard. Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282,  123(b)(2) Pub. L. 115282,  113(b) section 366 of this title 1984 Pub. L. 98557  2314. Detention beyond term of enlistment Under regulations prescribed by the Secretary, an enlisted member may be detained in the Coast Guard beyond the term of his enlistment: (1) until the first arrival of the vessel on which he is serving at its permanent station, or at a port in a State of the United States or in the District of Columbia; or (2) if attached to a shore station beyond the continental limits of the United States or in Alaska, until his first arrival at a port in any State of the United States or in the District of Columbia where his reenlistment or discharge may be effected, or until he can be discharged or reenlisted at his station beyond the continental limits of the United States or in Alaska, whichever is earlier, but in no event to exceed three months; or (3) during a period of war or national emergency as proclaimed by the President, and, in the interest of national defense, for a period not to exceed six months after the end of the war or the termination of the emergency; or (4) for a period of not exceeding thirty days in other cases whether or not specifically covered by this section, when essential to the public interests, and the determination that such detention is essential to the public interests, made in accordance with regulations prescribed by the Secretary, shall be final and conclusive. Any member detained in the Coast Guard as provided in this section shall be entitled to receive pay and allowances and benefits under the same conditions as though his enlistment period had not expired, and shall be subject in all respects to the laws and regulations for the government of the Coast Guard until his discharge therefrom. Enlisted members detained under the provisions of clause (1) shall be entitled to the pay and allowances provided for enlisted personnel of the Navy detained under similar circumstances. ( Aug. 4, 1949, ch. 393 63 Stat. 523 Aug. 3, 1950, ch. 536,  22 64 Stat. 407 July 24, 1956, ch. 692 70 Stat. 631 Pub. L. 98557 Oct. 30, 1984 98 Stat. 2865 Pub. L. 115282, title I,  113(b) Dec. 4, 2018 132 Stat. 4221  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  35, 35a, 35c ( May 26, 1906, ch. 2556,  1 34 Stat. 200 Jan. 28, 1915, ch. 20,  1 38 Stat. 800 July 30, 1937, ch. 545,  1 50 Stat. 547 July 11, 1941, ch. 290,  8 55 Stat. 586 Aug. 18, 1941, ch. 364,  3 55 Stat. 629 Dec. 13, 1941, ch. 570,  5 55 Stat. 799 Section 35 of title 14 section 366 of this title section 351 of this title section 365 of this title Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 367 of this title 1984 Pub. L. 98557 1956Subsec. (a). Act July 24, 1956 section 972(a) of Title 10 Subsecs. (b), (c). Act July 24, 1956 section 972(a) of Title 10 1950Subsec. (c). Act Aug. 3, 1950 Executive Documents  Delegation of Authority For delegation of authority under this section, as invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001 section 12302 of Title 10  2315. Inclusion of certain conditions in enlistment contract  The enlistment contract shall contain the substance of sections 2312 to 2314, 1 1 ( Aug. 4, 1949, ch. 393 63 Stat. 524 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4221  Historical and Revision Notes It is believed desirable to have the provisions specified included in the enlistment contract, as they include certain privileges and obligations that any man should clearly understand before enlisting. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282,  123(b)(2) Pub. L. 115282 Pub. L. 115282 section 368 of this title Pub. L. 97322, title I,  115(b)(1) Oct. 15, 1982 96 Stat. 1585 Pub. L. 115282,  113(b) section 369 of this title  2316. Discharge within three months before expiration of enlistment  Under regulations prescribed by the Secretary, any enlisted member may be discharged at any time within three months before the expiration of his term of enlistment or extended enlistment without prejudice to any right, privilege, or benefit that he would have received, except pay and allowances for the unexpired period not served, or to which he would thereafter become entitled, had he served his full term of enlistment or extended enlistment. (Added June 8, 1955, ch. 136,  2 69 Stat. 88 Pub. L. 98557,  15(a)(3)(A) Oct. 30, 1984 98 Stat. 2865 Pub. L. 115282, title I,  113(b) Dec. 4, 2018 132 Stat. 4221  Editorial Notes Amendments 2018 Pub. L. 115282 section 370 of this title 1984 Pub. L. 98557  2317. Aviation cadets; procurement; transfer (a) The grade of aviation cadet is established as a special enlisted grade in the Coast Guard. Under such regulations as the Secretary prescribes, citizens in civil life may be enlisted as, and enlisted members of the Coast Guard with their consent may be designated as, aviation cadets. (b) Except in time of war or national emergency declared by Congress, not less than 20 percent of the aviation cadets procured in each fiscal year shall be procured from qualified enlisted members of the Coast Guard. (c) No individuals may be enlisted or designated as an aviation cadet unless (1) the individual agrees in writing that, upon successful completion of the course of training as an aviation cadet, the individual will accept a commission as an ensign in the Coast Guard Reserve and will serve on active duty as such for at least three years, unless sooner released; and (2) if under twenty-one years of age, the individual has the consent of the individuals parent or guardian to the agreement. (d) Under such regulations as the Secretary prescribes, an aviation cadet may be transferred to another enlisted grade or rating in the Coast Guard, released from active duty, or discharged. (Added Pub. L. 89444,  1(20) June 9, 1966 80 Stat. 196 Pub. L. 97295,  2(11) Oct. 12, 1982 96 Stat. 1302 Pub. L. 98557,  15(a)(1) Oct. 30, 1984 98 Stat. 2864 Pub. L. 115282, title I,  113(b) Dec. 4, 2018 132 Stat. 4221 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4748  Editorial Notes Amendments 2021Subsec. (c). Pub. L. 116283,  8505(a)(20)(A) Subsec. (c)(1). Pub. L. 116283,  8505(a)(20)(B) Subsec. (c)(2). Pub. L. 116283,  8505(a)(20)(B) 2018 Pub. L. 115282 section 371 of this title 1984Subsec. (a). Pub. L. 98557,  15(a)(1)(A) Subsec. (c)(1). Pub. L. 98557,  15(a)(1)(B) Subsec. (c)(2). Pub. L. 98557,  15(a)(1)(C) 1982Subsec. (b). Pub. L. 97295  2318. Aviation cadets; benefits  Except as provided in section 402(c) of title 37 (Added Pub. L. 89444,  1(20) June 9, 1966 80 Stat. 197 Pub. L. 115282, title I,  113(b) Dec. 4, 2018 132 Stat. 4221  Editorial Notes Amendments 2018 Pub. L. 115282 section 372 of this title  2319. Critical skill training bonus (a) The Secretary may provide a bonus, not to exceed $20,000, to an enlisted member who completes training in a skill designated as critical, if at least four years of obligated active service remain on the members enlistment at the time the training is completed. A bonus under this section may be paid in a single lump sum or in periodic installments. (b) If an enlisted member voluntarily or because of misconduct does not complete the members term of obligated active service, the Secretary may require the member to repay the United States, on a pro rata basis, all sums paid under this section. The Secretary may charge interest on the amount repaid at a rate, to be determined quarterly, equal to 150 percent of the average of the yields on the 91-day Treasury bills auctioned during the calendar quarter preceding the date on which the amount to be repaid is determined. (Added Pub. L. 108293, title II,  204(a) Aug. 9, 2004 118 Stat. 1032 Pub. L. 115282, title I,  113(b) Dec. 4, 2018 132 Stat. 4221  Editorial Notes Amendments 2018 Pub. L. 115282 section 374 of this title CHAPTER 25 PERSONNEL; GENERAL PROVISIONS    SUBCHAPTER IGENERAL PROVISIONS  Sec.  2501. Grade on retirement.  2502. Retirement.  2503. Status of recalled personnel.  2504. Computation of retired pay.  2505. Limitations on retirement and retired pay.  2506. Suspension of payment of retired pay of members who are absent from the United States to avoid prosecution.  2507. Board for Correction of Military Records deadline.  2508. Emergency leave retention authority.  2509. Prohibition of certain involuntary administrative separations.  2510. Sea service letters.  2511. Investigations of flag officers and Senior Executive Service employees.  2512. Leave policies for the Coast Guard.  2513. Computation of length of service.  2514. Career flexibility to enhance retention of members.  2515. Calculation of active service.  2516. Members asserting post-traumatic stress disorder or traumatic brain injury.  SUBCHAPTER IIADVISORY BOARD ON WOMEN IN THE COAST GUARD  2521. Advisory Board on Women in the Coast Guard.  [SUBCHAPTER IIIREPEALED]  [ 2531 2534. Repealed.]  Editorial Notes Prior Provisions A prior analysis for chapter 25 GENERAL PROVISIONS FOR COAST GUARD RESERVE AND AUXILIARY consisted of items 891 Flags; pennants; uniforms and insignia, 892 Penalty, 893 Limitation on rights of members of the Auxiliary and temporary members of the Reserve, and 894 Availability of facilities and appropriations, prior to repeal by Pub. L. 115282, title I,  114(a) Dec. 4, 2018 132 Stat. 4223 Amendments 2022 Pub. L. 117263, div. K, title CXIV,  11410(b) Dec. 23, 2022 136 Stat. 4117 Pub. L. 117263, div. K, title CXII,  11242(b) Dec. 23, 2022 136 Stat. 4040 2021 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4648 2018 Pub. L. 115282, title I,  114(a) Dec. 4, 2018 132 Stat. 4223 SUBCHAPTER I GENERAL PROVISIONS  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  114(c)(1) Dec. 4, 2018 132 Stat. 4224 Statutory Notes and Related Subsidiaries Physical Disability Evaluation System Procedure Review Pub. L. 117263, div. K, title CXII,  11243 Dec. 23, 2022 136 Stat. 4040  (a)  Study. (1)  In general Not later than 3 years after the date of enactment of this Act [ Dec. 23, 2022 (2)  Elements In completing the study required under paragraph (1), the Comptroller General shall review, and provide recommendations to address, the following: (A) Coast Guard compliance with all applicable laws, regulations, and policies relating to the Physical Disability Evaluation System and the Medical Evaluation Board. (B) Coast Guard compliance with timelines set forth in (i) the instruction of the Commandant [of the Coast Guard] entitled Physical Disability Evaluation System issued on May 19, 2006 (ii) the Physical Disability Evaluation System Transparency Initiative (ALCGPSC 030/20). (C) An evaluation of Coast Guard processes in place to ensure the availability, consistency, and effectiveness of counsel appointed by the Coast Guard Office of the Judge Advocate General to represent members of the Coast Guard undergoing an evaluation under the Physical Disability Evaluation System. (D) The extent to which the Coast Guard has and uses processes to ensure that such counsel may perform the functions of such counsel in a manner that is impartial, including being able to perform such functions without undue pressure or interference by the command of the affected member of the Coast Guard, the Personnel Service Center, and the Coast Guard Office of the Judge Advocate General. (E) The frequency, including the frequency aggregated by member pay grade, with which members of the Coast Guard seek private counsel in lieu of counsel appointed by the Coast Guard Office of the Judge Advocate General. (F) The timeliness of determinations, guidance, and access to medical evaluations necessary for retirement or rating determinations and overall well-being of the affected member of the Coast Guard. (G) The guidance, formal or otherwise, provided by the Personnel Service Center and the Coast Guard Office of the Judge Advocate General, other than the counsel directly representing affected members of the Coast Guard, in communication with medical personnel examining members. (H) The guidance, formal or otherwise, provided by the medical professionals reviewing cases within the Physical Disability Evaluation System to affected members of the Coast Guard, and the extent to which such guidance is disclosed to the commanders, commanding officers, or other members of the Coast Guard in the chain of command of such affected members. (I) The feasibility of establishing a program to allow members of the Coast Guard to select an expedited review to ensure completion of the Medical Evaluation Board report not later than 180 days after the date on which such review was initiated. (b)  Report The Comptroller General 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 findings of the study conducted under subsection (a) and recommendations for improving the Physical Disability Evaluation System process. (c)  Updated Policy Guidance. (1)  In general Not later than 180 days after the date on which the report under subsection (b) is submitted, the Commandant shall issue updated policy guidance in response to the findings and recommendations contained in the report. (2)  Elements The updated policy guidance required under paragraph (1) shall include the following: (A) A requirement that a member of the Coast Guard, or the counsel of such a member, shall be informed of the contents of, and afforded the option to be present for, any communication between the members command and the Personnel Service Center, or other Coast Guard entity, with respect to the duty status of the member. (B) An exception to the requirement described in subparagraph (A) that such a member, or the counsel of the member, is not required to be informed of the contents of such a communication if it is demonstrated that there is a legitimate health or safety need for the member to be excluded from such communications, supported by a medical opinion that such exclusion is necessary for the health or safety of the member, command, or any other individual. (C) An option to allow a member of the Coast Guard to initiate an evaluation by a Medical Evaluation Board if a Coast Guard healthcare provider, or other military healthcare provider, has raised a concern about the ability of the member to continue serving in the Coast Guard, in accordance with existing medical and physical disability policy. (D) An updated policy to remove the command endorsement requirement for retirement or separation unless absolutely necessary for the benefit of the United States. Policy on Requests for Permanent Changes of Station or Unit Transfers by Persons Who Report Being the Victim of Sexual Assault Pub. L. 117263, div. K, title CXII,  11273 Dec. 23, 2022 136 Stat. 4068  (a)  Interim Update Not later than 30 days after the date of enactment of this Act [ Dec. 23, 2022 (b)  Final Policy The Commandant shall issue a final policy based on the interim updates issued under the preceding sentence not later than 1 year after the date of enactment of this Act. Sex Offenses and Personnel Records Pub. L. 117263, div. K, title CXII,  11274 Dec. 23, 2022 136 Stat. 4068  Not later than 180 days after the date of enactment of this Act [ Dec. 23, 2022 Public Law 11366 10 U.S.C. 1561 Improvements to Physical Disability Evaluation System and Transition Program Pub. L. 117263, div. K, title CXIV,  11411 Dec. 23, 2022 136 Stat. 4117  (a)  Temporary Policy Not later than 60 days after the date of enactment of this Act [ Dec. 23, 2022 (1) improves timeliness, communication, and outcomes for members of the Coast Guard undergoing the Physical Disability Evaluation System, or a related formal or informal process; (2) affords maximum career transition benefits to members of the Coast Guard determined by a Medical Evaluation Board to be unfit for retention in the Coast Guard; and (3) maximizes the potential separation and career transition benefits for members of the Coast Guard undergoing the Physical Disability Evaluation System, or a related formal or informal process. (b)  Elements The policy required under subsection (a) shall include the following: (1) A requirement that any member of the Coast Guard who is undergoing the Physical Disability Evaluation System, or a related formal or informal process, shall be placed in a duty status that allows the member the opportunity to attend necessary medical appointments and other activities relating to the Physical Disability Evaluation System, including completion of any application of the Department of Veterans Affairs and career transition planning. (2) In the case of a Medical Evaluation Board report that is not completed not later than 120 days after the date on which an evaluation by the Medical Evaluation Board was initiated, the option for such a member to enter permissive duty status. (3) A requirement that the date of initiation of an evaluation by a Medical Evaluation Board shall include the date on which any verbal or written affirmation is made to the member, command, or medical staff that the evaluation by the Medical Evaluation Board has been initiated. (4) An option for such member to seek an internship under the SkillBridge program established under section 1143(e) of title 10 (5) A requirement that not less than 21 days notice shall be provided to such a member for any such medical appointment, to the maximum extent practicable, to ensure that the appointment timeline is in the best interests of the immediate health of the member. (6) A requirement that the Coast Guard shall provide such a member with a written separation date upon the completion of a Medical Evaluation Board report that finds the member unfit to continue active duty. (7) To provide certainty to such a member with respect to a separation date, a policy that ensures (A) that accountability measures are in place with respect to Coast Guard delays throughout the Physical Disability Evaluation System, including (i) placement of the member in an excess leave status after 270 days have elapsed since the date of initiation of an evaluation by a Medical Evaluation Board by any competent authority; and (ii) a calculation of the costs to retain the member on active duty, including the pay, allowances, and other associated benefits of the member, for the period beginning on the date that is 90 days after the date of initiation of an evaluation by a Medical Evaluation Board by any competent authority and ending on the date on which the member is separated from the Coast Guard; and (B) the availability of administrative solutions to any such delay. (8) With respect to a member of the Coast Guard on temporary limited duty status, an option to remain in the members current billet, to the maximum extent practicable, or to be transferred to a different active-duty billet, so as to minimize any negative impact on the members career trajectory. (9) A requirement that each respective command shall report to the Coast Guard Personnel Service Center any delay of more than 21 days between each stage of the Physical Disability Evaluation System for any such member, including between stages of the processes, the Medical Evaluation Board, the Informal Physical Evaluation Board, and the Formal Physical Evaluation Board. (10) A requirement that, not later than 7 days after receipt of a report of a delay described in paragraph (9), the Personnel Service Center shall take corrective action, which shall ensure that the Coast Guard exercises maximum discretion to continue the Physical Disability Evaluation System of such a member in a timely manner, unless such delay is caused by the member. (11) A requirement that (A) a member of the Coast Guard shall be allowed to make a request for a reasonable delay in the Physical Disability Evaluation System to obtain additional input and consultation from a medical or legal professional; and (B) any such request for delay shall be approved by the Commandant based on a showing of good cause by the member. (c)  Report on Temporary Policy Not later than 60 days after the date of enactment of this Act [ Dec. 23, 2022 (d)  Permanent Policy Not later than 180 days after the date of enactment of this Act, the Commandant shall publish a Commandant Instruction making the policy developed under subsection (a) a permanent policy of the Coast Guard. (e)  Briefing Not later than 1 year after the date of enactment of this Act, 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, and a copy of, the permanent policy. (f)  Annual Report on Costs. (1)  In general Not less frequently than annually, 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 that, for the preceding fiscal year (A) details the total aggregate service-wide costs described in subsection (b)(7)(A)(ii) for members of the Coast Guard whose Physical Disability Evaluation System process has exceeded 90 days; and (B) includes for each such member (i) an accounting of such costs; and (ii) the number of days that elapsed between the initiation and completion of the Physical Disability Evaluation System process. (2)  Personally identifiable information A report under paragraph (1) shall not include the personally identifiable information of any member of the Coast Guard.  2501. Grade on retirement (a)  Commissioned Officers (1)  In general A commissioned officer who is retired under any provision of this title, shall be retired from active service with the highest grade held by the commissioned officer for not less than six months while on active duty in which, as determined by the Secretary, the commissioned officers performance of duty was satisfactory. (2)  Conditional determination When a commissioned officer is under investigation for alleged misconduct at the time of retirement (A) the Secretary may conditionally determine the highest grade of satisfactory service of the commissioned officer pending completion of the investigation; and (B) the grade under subparagraph (A) is subject to resolution under subsection (c)(2). (b)  Warrant Officers Any warrant officer who is retired under any provision of section 580, 1263, 1293, or 1305 of title 10, shall be retired from active service with the highest commissioned grade above chief warrant officer, W4, held by the warrant officer for not less than six months on active duty in which, as determined by the Secretary, the warrant officers performance of duty was satisfactory. (c)  Retirement in Lower Grade. (1)  Misconduct in lower grade In the case of a commissioned officer whom the Secretary determines committed misconduct in a lower grade, the Secretary may determine the commissioned officer has not served satisfactorily in any grade equal to or higher than that lower grade. (2)  Adverse findings A determination of the retired grade of a commissioned officer shall be resolved following a conditional determination under subsection (a)(2) if the investigation of or personnel action against the commissioned officer results in adverse findings. (3)  Recalculation of retired pay If the retired grade of a commissioned officer is reduced pursuant to this subsection, the retired pay of the commissioned officer shall be recalculated under chapter 71 of title 10, and any modification of the retired pay of the commissioned officer shall go into effect on the effective date of the reduction in retired grade. (d)  Finality of Retired Grade Determinations. (1)  In general Except as provided in paragraph (2), a determination of the retired grade of a commissioned officer under this section is administratively final on the day the commissioned officer is retired, and may not be reopened. (2)  Reopening determinations A determination of the retired grade of a commissioned officer may be reopened if (A) the retirement or retired grade of the commissioned officer was procured by fraud; (B) substantial evidence comes to light after the retirement that could have led to a lower retired grade under this section and such evidence was not known by competent authority at the time of retirement; (C) a mistake of law or calculation was made in the determination of the retired grade; (D) in the case of a retired grade following a conditional determination under subsection (a)(2), the investigation of or personnel action against the commissioned officer results in adverse findings; or (E) the Secretary determines, under regulations prescribed by the Secretary, that good cause exists to reopen the determination. (3)  Requirements If a determination of the retired grade of a commissioned officer is reopened under paragraph (2), the Secretary (A) shall notify the commissioned officer of the reopening; and (B) may not make an adverse determination on the retired grade of the commissioned officer until the commissioned officer has had a reasonable opportunity to respond regarding the basis of the reopening. (4)  Recalculation of retired pay If the retired grade of a commissioned officer is reduced through the reopening of the commissioned officers retired grade under paragraph (2), the retired pay of the commissioned officer shall be recalculated under chapter 71 of title 10, and any modification of the retired pay of the commissioned officer shall go into effect on the effective date of the reduction in retired grade. (e)  Inapplicability to Commissioned Warrant Officers This section, including subsection (b), shall not apply to commissioned warrant officers. (Added Pub. L. 88130,  1(10)(C) Sept. 24, 1963 77 Stat. 190 Pub. L. 89444,  1(19) June 9, 1966 80 Stat. 196 Pub. L. 99348, title II,  205(b)(7) July 1, 1986 100 Stat. 700 Pub. L. 102190, div. A, title XI,  1125(b)(2) Dec. 5, 1991 105 Stat. 1505 Pub. L. 103337, div. A, title V,  541(f)(3) Oct. 5, 1994 108 Stat. 2766 Pub. L. 115282, title I,  114(b) Dec. 4, 2018 132 Stat. 4223 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4641  Editorial Notes Amendments 2021Subsec. (a). Pub. L. 116283,  8201(c)(1) Subsec. (b). Pub. L. 116283,  8201(c)(2) Subsecs. (c) to (e). Pub. L. 116283,  8201(c)(3) 2018 Pub. L. 115282 section 334 of this title 1994Subsec. (b). Pub. L. 103337 section 564 of title 10 1991Subsec. (b). Pub. L. 102190 section 564 of title 10 1986Subsec. (a). Pub. L. 99348,  205(b)(7)(A) Subsec. (b). Pub. L. 99348,  205(b)(7) section 1371 of title 10 1966 Pub. L. 89444 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103337 Oct. 5, 1994 section 541(h) of Pub. L. 103337 section 571 of Title 10 Effective Date of 1991 Amendment Amendment by Pub. L. 102190 Feb. 1, 1992 section 1132 of Pub. L. 102190 section 521 of Title 10  2502. Retirement (a) Every commissioned officer, warrant officer, or enlisted member who is retired under any provisions of this title shall be retired with the permanent grade or rate held at the time of retirement, unless entitled to retire with a higher grade or rate under any provision of this title or any other law. (b) Where an officer is entitled, under any provision of law, to retire with one grade higher than the grade in which serving at the time of retirement, the next higher grade in the case of captain shall be rear admiral (lower half), and the next higher grade in the case of commissioned warrant officer shall be lieutenant (junior grade). ( Aug. 4, 1949, ch. 393 63 Stat. 524 Pub. L. 97417,  2(10) Jan. 4, 1983 96 Stat. 2086 Pub. L. 98557,  15(a)(3)(A) Oct. 30, 1984 98 Stat. 2865 Pub. L. 99145, title V,  514(c)(1) Nov. 8, 1985 99 Stat. 629 Pub. L. 99348, title II,  205(b)(10) July 1, 1986 100 Stat. 700 Pub. L. 115282, title I,  114(b) Dec. 4, 2018 132 Stat. 4223  Historical and Revision Notes Subsection (a) is new in this form, but the provision contained therein is expressed or implied in numerous statutes relating to the retirement of military personnel. A provision defining the next higher grade to that of commissioned warrant officer as lieutenant (junior grade), for purposes of retirement, was added. The other provisions of said section are obsolete and are no longer needed. Subsection (a) is new, but the provision contained in it is expressed or implied in numerous statutes relating to retirement of military personnel. It is believed desirable to include such a provision to prevent any misconstruction of retirement statutes, even though no change in existing law is intended on the point covered, either by other sections dealing with retirement or by this section. Subsection (b) is a codification of the only provision of title 14, U.S.C., 1946 ed.,  174, that it is desired to retain, and in addition designated the next higher grade for commissioned warrant officers as lieutenant (junior grade) because the pay of the commissioned warrant officers is the same as for the grade of lieutenant (junior grade) and advancing such officers to the grade of ensign would in some aspects not appear to be a promotion. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 421 of this title 1986Subsec. (a). Pub. L. 99348 1985Subsec. (b). Pub. L. 99145 1984Subsec. (a). Pub. L. 98557 1983Subsec. (b). Pub. L. 97417 Statutory Notes and Related Subsidiaries Report on Resignation and Retirement Processing Times and Denial Pub. L. 117263, div. K, title CXII,  11241 Dec. 23, 2022 136 Stat. 4039  (a)  In General Not later than 30 days after the date of enactment of this Act [ Dec. 23, 2022 (b)  Elements The report required under subsection (a) shall include, for the preceding calendar year (1) statistics on the number of resignations, retirements, and other separations that occurred; (2) the processing time for each action described in paragraph (1); (3) the percentage of requests for such actions that had a command endorsement; (4) the percentage of requests for such actions that did not have a command endorsement; and (5) for each denial of a request for a command endorsement and each failure to take action on such a request, a detailed description of the rationale for such denial or failure to take such action.  2503. Status of recalled personnel  All retired personnel when recalled to active duty shall serve in the grade or rate in which they were serving at the time of retirement. ( Aug. 4, 1949, ch. 393 63 Stat. 524 Pub. L. 99348, title II,  205(b)(10) July 1, 1986 100 Stat. 700 Pub. L. 115282, title I,  114(b) Dec. 4, 2018 132 Stat. 4223  Historical and Revision Notes This provision is desirable because many enlisted men and low-ranking officers may now retire with higher grade which they previously held on a temporary basis. If recalled in the higher grades, they might not be capable of holding same at the time of recall. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 422 of this title 1986 Pub. L. 99348  2504. Computation of retired pay (a) (1) The retired pay of a member who first became a member of a uniformed service (as defined in section 101 of title 10 September 8, 1980 (A) the sum of (i) the basic pay of the members retired grade or rate, and (ii) all permanent additions thereto including longevity credit to which the member was entitled at the time of retirement; by (B) the retired pay multiplier determined under section 1409 of title 10 (2) In the case of an officer who served as Commandant, retired pay under paragraph (1) shall be computed at the highest rate of basic pay applicable to the officer while so serving. (3) In the case of an enlisted member who served as the master chief petty officer of the Coast Guard, retired pay under paragraph (1) shall be computed at the highest rate of basic pay to which the member was entitled while so serving, if that basic pay is greater than the basic pay of the grade or rate to which the member is otherwise entitled at the time of retirement. (4) In the case of an officer whose retired pay is computed on the pay of a grade for which basic pay is not based upon years of service, retired pay under paragraph (1) shall be computed on the basis of the number of years of service for which the officer would be entitled to credit in the computation of pay on the active list had the officer been serving in the grade of captain at the time of retirement. (b) The retired pay of a member who first became a member of a uniformed service (as defined in section 101 of title 10 September 8, 1980 (1) the retired pay base determined under section 1407 of title 10 (2) the retired pay multiplier determined under section 1409 of title 10 (c) (1) In computing for the purpose of subsection (a) or (b) the number of years of service that may be credited to a member under section 1405 of title 10 (A) each full month of service that is in addition to the number of full years of service creditable to the member shall be counted as 1 12 (B) any remaining fractional part of a month shall be disregarded. (2) Retired pay computed under this section, if not a multiple of $1, shall be rounded to the next lower multiple of $1. (d) In addition to amounts computed pursuant to subsections (a) through (c) of this section, a full TSP member (as defined in section 8440e(a) of title 5 section 356 of title 37 ( Aug. 4, 1949, ch. 393 63 Stat. 525 Aug. 3, 1950, ch. 536,  23 64 Stat. 407 Pub. L. 85422,  11(b) May 20, 1958 72 Stat. 132 Pub. L. 88132,  5(i) Oct. 2, 1963 77 Stat. 214 Pub. L. 92455,  2 Oct. 2, 1972 86 Stat. 761 Pub. L. 96342, title VIII,  813(f)(2) Sept. 8, 1980 94 Stat. 1109 Pub. L. 97295,  2(12) Oct. 12, 1982 96 Stat. 1302 Pub. L. 9894, title IX Sept. 24, 1983 97 Stat. 642 Pub. L. 98557,  15(a)(3)(A) Oct. 30, 1984 98 Stat. 2865 Pub. L. 99348, title II,  205(a) July 1, 1986 100 Stat. 699 Pub. L. 115141, div. F, title II,  225 Mar. 23, 2018 132 Stat. 616 Pub. L. 115232, div. C, title XXXV,  3531(c)(13) Aug. 13, 2018 132 Stat. 2320 Pub. L. 115282, title I,  114(b) Dec. 4, 2018 132 Stat. 4223  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  162a, 167, 175c, 185d ( Apr. 12, 1902, ch. 501,  9 32 Stat. 101 Jan. 12, 1938, ch. 3,  3 52 Stat. 5 May 24, 1939, ch. 146,  5 53 Stat. 756 Feb. 21, 1946, ch. 34,  10 60 Stat. 29 Section was enlarged to include computation of retired pay in all situations. It is in accord with the provisions of Navy statutes. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 423 of this title Subsec. (a)(2). Pub. L. 115232 Subsec. (d). Pub. L. 115141 1986 Pub. L. 99348 section 1407(a)(2) of title 10 Sept. 7, 1980 section 1407(f) of title 10 1984Subsec. (a). Pub. L. 98557 1983Subsec. (a). Pub. L. 9894,  923(d) Pub. L. 9894,  922(b) 1982Subsec. (b). Pub. L. 97295 September 7, 1980 1980 Pub. L. 96342 1972 Pub. L. 92455 1963 Pub. L. 88132 1958 Pub. L. 85422 section 1405 of title 10 1950Act Aug. 3, 1950 Statutory Notes and Related Subsidiaries Effective Date of 1983 Amendment Amendment by section 922 of Pub. L. 9894 Oct. 1, 1983 section 922(e) of Pub. L. 9894 section 1401 of Title 10 Amendment by section 923 of Pub. L. 9894 Sept. 30, 1983 section 923(g) of Pub. L. 9894 section 1174 of Title 10 Effective Date of 1963 Amendment Amendment by Pub. L. 88132 Oct. 1, 1963 section 14 of Pub. L. 88132 section 201 of Title 37 Effective Date of 1958 Amendment Amendment by Pub. L. 85422 June 1, 1958 Pub. L. 85422,  9 May 20, 1958 72 Stat. 130  2505. Limitations on retirement and retired pay (a) The provisions of any section of this title shall not be construed so as to prevent any member from being placed on the retired list with the highest grade or rate and the highest retired pay to which the member may be entitled under the provisions of any other section of this title or under any other law. (b) In no case may the retired pay of a member exceed 75 percent of (1) the sum of the active-duty pay and all permanent additions thereto (including longevity credit to which the member is entitled) of the grade or rate on which the members pay is computed, or (2) the retired pay base determined under section 1407 of title 10 ( Aug. 4, 1949, ch. 393 63 Stat. 525 Pub. L. 98557,  15(a)(3)(A) Oct. 30, 1984 98 Stat. 2865 Pub. L. 99348, title II,  205(b)(11) July 1, 1986 100 Stat. 700 Pub. L. 115282, title I,  114(b) Dec. 4, 2018 132 Stat. 4223  Historical and Revision Notes The two provisions of this section are considered desirable as safeguards to eliminate any possible misconstruction of situations relating to retirement and retired pay in respect to the two points covered. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 424 of this title 1986 Pub. L. 99348 1984 Pub. L. 98557  2506. Suspension of payment of retired pay of members who are absent from the United States to avoid prosecution  Under procedures prescribed by the Secretary, the Secretary may suspend the payment of the retired pay of a member or former member during periods in which the member willfully remains outside the United States to avoid criminal prosecution or civil liability. The procedures shall address the types of criminal offenses and civil proceedings for which the procedures may be used, including the offenses specified in section 8312 of title 5 (Added Pub. L. 107295, title IV,  444(a) Nov. 25, 2002 116 Stat. 2132 Pub. L. 115282, title I,  114(b) Dec. 4, 2018 132 Stat. 4223  Editorial Notes Amendments 2018 Pub. L. 115282 section 424a of this title  2507. Board for Correction of Military Records deadline (a)  Deadline for Completion of Action The Secretary shall complete processing of an application for correction of military records under section 1552 of title 10 (b)  Remedies Deemed Exhausted Ten months after a complete application for correction of military records is received by the Board for Correction of Military Records of the Coast Guard, administrative remedies are deemed to have been exhausted, and (1) if the Board has rendered a recommended decision, its recommendation shall be final agency action and not subject to further review or approval within the department in which the Coast Guard is operating; or (2) if the Board has not rendered a recommended decision, agency action is deemed to have been unreasonably delayed or withheld and the applicant is entitled to (A) an order under section 706(1) of title 5 (B) from amounts appropriated to the department in which the Coast Guard is operating, the costs of obtaining the order, including a reasonable attorneys fee. (Added Pub. L. 104324, title II,  209(a) Oct. 19, 1996 110 Stat. 3914 Pub. L. 115282, title I,  114(b) Dec. 4, 2018 132 Stat. 4223  Editorial Notes Amendments 2018 Pub. L. 115282 section 425 of this title Statutory Notes and Related Subsidiaries Effective Date Pub. L. 104324,  209(d) Oct. 19, 1996 110 Stat. 3914 This section [enacting this section and provisions set out as a note below] shall be effective on and after June 12, 1990 Special Right of Applications After Deadline for Completion of Board Action Pub. L. 104324,  209(c) Oct. 19, 1996 110 Stat. 3914 This section [enacting this section and provisions set out as a note above] applies to any applicant who had an application filed with or pending before the Board or the Secretary of the department in which the Coast Guard is operating on or after June 12, 1990  2508. Emergency leave retention authority (a)  In General A duty assignment for an active duty member of the Coast Guard in support of a declaration of a major disaster or emergency by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 section 701(e) of title 10 (b)  Definitions In this section: (1)  Spill of national significance The term spill of national significance means a discharge of oil or a hazardous substance that is declared by the Commandant to be a spill of national significance. (2)  Discharge The term discharge has the meaning given that term in section 1001 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2701 (Added Pub. L. 111281, title II,  207(a) Oct. 15, 2010 124 Stat. 2912 Pub. L. 115282, title I,  114(b) Dec. 4, 2018 132 Stat. 4223 Pub. L. 117263, div. A, title VI,  631(c)(1) Dec. 23, 2022 136 Stat. 2631  Editorial Notes  References in Text The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a), is Pub. L. 93288 May 22, 1974 88 Stat. 143 section 5121 of Title 42 Amendments 2022Subsec. (a). Pub. L. 117263 2018 Pub. L. 115282 section 426 of this title Statutory Notes and Related Subsidiaries Effective Date of 2022 Amendment Amendment by Pub. L. 117232 Jan. 1, 2023 section 631(d) of Pub. L. 117263 section 701 of Title 10 Effective Date Pub. L. 111281, title II,  207(c) Oct. 15, 2010 124 Stat. 2912 The amendments made by this section [enacting this section] shall be deemed to have been enacted on April 19, 2010  2509. Prohibition of certain involuntary administrative separations (a)  In General Except as provided in subsection (b), the Secretary may not authorize the involuntary administrative separation of a covered individual based on a determination that the covered individual is unsuitable for deployment or other assignment due to a medical condition of the covered individual considered by a Physical Evaluation Board during an evaluation of the covered individual that resulted in the covered individual being determined to be fit for duty. (b)  Reevaluation. (1)  In general The Secretary may require a Physical Evaluation Board to reevaluate any covered individual if the Secretary determines there is reason to believe that a medical condition of the covered individual considered by a Physical Evaluation Board during an evaluation of the covered individual renders the covered individual unsuitable for continued duty. (2)  Retirements and separations A covered individual who is determined, based on a reevaluation under paragraph (1), to be unfit to perform the duties of the covered individuals office, grade, rank, or rating may be retired or separated for physical disability under chapter 61 of title 10. (c)  Covered Individual Defined In this section, the term covered individual means any member of the Coast Guard who has been determined by a Physical Evaluation Board, pursuant to a physical evaluation by that board, to be fit for duty. (Added Pub. L. 112213, title II,  209(a) Dec. 20, 2012 126 Stat. 1549 Pub. L. 114120, title II,  209(6) Feb. 8, 2016 130 Stat. 41 Pub. L. 115282, title I,  114(b) Dec. 4, 2018 132 Stat. 4223  Editorial Notes Amendments 2018 Pub. L. 115282 section 427 of this title 2016Subsec. (b)(2). Pub. L. 114120  2510. Sea service letters (a)  In General The Secretary shall provide a sea service letter to a member or former member of the Coast Guard who (1) accumulated sea service on a vessel of the Armed Forces (as such term is defined in section 527(e)); and (2) requests such letter. (b)  Deadline Not later than 30 days after receiving a request for a sea service letter from a member or former member of the Coast Guard under subsection (a), the Secretary shall provide such letter to such member or former member if such member or former member satisfies the requirement under subsection (a)(1). (Added Pub. L. 113281, title III,  305(b)(1) Dec. 18, 2014 128 Stat. 3044 Pub. L. 115282, title I,  114(b) Dec. 4, 2018 132 Stat. 4223  Editorial Notes Amendments 2018 Pub. L. 115282,  114(b) section 428 of this title Subsec. (a)(1). Pub. L. 115282,  318(c) section 101(a) of title 10  2511. Investigations of flag officers and Senior Executive Service employees In conducting an investigation into an allegation of misconduct by a flag officer or member of the Senior Executive Service serving in the Coast Guard, the Inspector General of the Department of Homeland Security shall (1) conduct the investigation in a manner consistent with Department of Defense policies for such an investigation; and (2) consult with the Inspector General of the Department of Defense. (Added Pub. L. 114120, title II,  220(a) Feb. 8, 2016 130 Stat. 48 Pub. L. 115282, title I,  114(b) Dec. 4, 2018 132 Stat. 4223  Editorial Notes Amendments 2018 Pub. L. 115282 section 430 of this title  2512. Leave policies for the Coast Guard (a)  In General Except as provided in subsection (b), not later than 1 year after the date on which the Secretary of the Navy promulgates a new rule, policy, or memorandum pursuant to section 704 of title 10 (b)  Leave Associated With Birth or Adoption of Child Notwithstanding subsection (a), sections 701 and 704 of title 10, or any other provision of law, all officers and enlisted members of the Coast Guard shall be authorized leave associated with the birth or adoption of a child during the 1-year period immediately following such birth or adoption and, at the discretion of the Commanding Officer, such officer or enlisted member shall be permitted (1) to take such leave in increments; and (2) to use flexible work schedules (pursuant to a program established by the Secretary in accordance with chapter 61 of title 5). (Added Pub. L. 114120, title II,  222(a) Feb. 8, 2016 130 Stat. 49 Pub. L. 115282, title I,  114(b) Dec. 4, 2018 132 Stat. 4223  Editorial Notes Amendments 2018 Pub. L. 115282,  315(a) Pub. L. 115282,  114(b) section 431 of this title Statutory Notes and Related Subsidiaries Flexible Work Schedules Pub. L. 115282, title III,  315(b) Dec. 4, 2018 132 Stat. 4250 Not later than 180 days after the date of enactment of this Act [ Dec. 4, 2018  2513. Computation of length of service  In computing length of service of officers and enlisted personnel for any purpose all creditable service in the Army, Navy, Marine Corps, Air Force, Space Force, Coast Guard, Revenue Cutter Service, and Life Saving Service shall be included in addition to any other creditable service authorized by any other law. ( Aug. 4, 1949, ch. 393 63 Stat. 531 Pub. L. 115282, title I,  114(b) Dec. 4, 2018 132 Stat. 4223 Pub. L. 116283, div. A, title IX,  927(b)(2) Jan. 1, 2021 134 Stat. 3831  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  2 ( Jan. 28, 1915, ch. 20,  3 38 Stat. 801 The Air Force is added in the enumeration of services. That part referring to the operation of a station for part of a year is omitted. Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 467 of this title  2514. Career flexibility to enhance retention of members (a)  Programs Authorized The Commandant may carry out a program under which members of the Coast Guard may be inactivated from active duty in order to meet personal or professional needs and returned to active duty at the end of such period of inactivation from active duty. (b)  Period of Inactivation From Active Duty; Effect of Inactivation. (1)  In general The period of inactivation from active duty under a program under this section of a member participating in the program shall be such period as the Commandant shall specify in the agreement of the member under subsection (c), except that such period may not exceed 3 years. (2)  Exclusion from years of service Any service by a Reserve officer while participating in a program under this section shall be excluded from computation of the total years of service of that officer pursuant to section 14706(a) of title 10 (3)  Exclusion from retirement Any period of participation of a member in a program under this section shall not count toward (A) eligibility for retirement or transfer to the Ready Reserve under either chapter 841 or 1223 of title 10; or (B) computation of retired or retainer pay under chapter 71 or 1223 of title 10. (c)  Agreement Each member of the Coast Guard who participates in a program under this section shall enter into a written agreement with the Commandant under which that member shall agree as follows: (1) To accept an appointment or enlist, as applicable, and serve in the Coast Guard Ready Reserve during the period of the inactivation of the member from active duty under the program. (2) To undergo during the period of the inactivation of the member from active duty under the program such inactive service training as the Commandant shall require in order to ensure that the member retains proficiency, at a level determined by the Commandant to be sufficient, in the military skills, professional qualifications, and physical readiness of the member during the inactivation of the member from active duty. (3) Following completion of the period of the inactivation of the member from active duty under the program, to serve 2 months as a member of the Coast Guard on active duty for each month of the period of the inactivation of the member from active duty under the program. (d)  Conditions of Release The Commandant shall prescribe regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by subsection (c). At a minimum, the Commandant shall prescribe the procedures and standards to be used to instruct a member on the obligations to be assumed by the member under paragraph (2) of such subsection while the member is released from active duty. (e)  Order to Active Duty Under regulations prescribed by the Commandant, a member of the Coast Guard participating in a program under this section may, in the discretion of the Commandant, be required to terminate participation in the program and be ordered to active duty. (f)  Pay and Allowances. (1)  Basic pay During each month of participation in a program under this section, a member who participates in the program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the member would otherwise be entitled under section 204 of title 37 (2)  Special or incentive pay or bonus. (A)  Prohibition A member who participates in such a program shall not, while participating in the program, be paid any special or incentive pay or bonus to which the member is otherwise entitled under an agreement under chapter 5 of title 37 that is in force when the member commences participation in the program. (B)  Not treated as failure to perform services The inactivation from active duty of a member participating in a program shall not be treated as a failure of the member to perform any period of service required of the member in connection with an agreement for a special or incentive pay or bonus under chapter 5 of title 37 that is in force when the member commences participation in the program. (3)  Return to active duty. (A)  Special or incentive pay or bonus Subject to subparagraph (B), upon the return of a member to active duty after completion by the member of participation in a program (i) any agreement entered into by the member under chapter 5 of title 37 for the payment of a special or incentive pay or bonus that was in force when the member commenced participation in the program shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the program; and (ii) any special or incentive pay or bonus shall be payable to the member in accordance with the terms of the agreement concerned for the term specified in clause (i). (B)  Limitation. (i)  In general Subparagraph (A) shall not apply to any special or incentive pay or bonus otherwise covered by such subparagraph with respect to a member if, at the time of the return of the member to active duty as described in that subparagraph (I) such pay or bonus is no longer authorized by law; or (II) the member does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the member to active duty. (ii)  Pay or bonus ceases being authorized Subparagraph (A) shall cease to apply to any special or incentive pay or bonus otherwise covered by such subparagraph with respect to a member if, during the term of the revived agreement of the member under subparagraph (A)(i), such pay or bonus ceases being authorized by law. (C)  Repayment A member who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph (B)(i)(II) shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable agreement of the member under chapter 5 of title 37. (D)  Required service is additional Any service required of a member under an agreement covered by this paragraph after the member returns to active duty as described in subparagraph (A) shall be in addition to any service required of the member under an agreement under subsection (c). (4)  Travel and transportation allowance. (A)  In general Subject to subparagraph (B), a member who participates in a program is entitled, while participating in the program, to the travel and transportation allowances authorized by section 474 1 1 (i) travel performed from the residence of the member, at the time of release from active duty to participate in the program, to the location in the United States designated by the member as the members residence during the period of participation in the program; and (ii) travel performed to the residence of the member upon return to active duty at the end of the participation of the member in the program. (B)  Single residence An allowance is payable under this paragraph only with respect to travel of a member to and from a single residence. (5)  Leave balance A member who participates in a program is entitled to carry forward the leave balance existing as of the day on which the member begins participation and accumulated in accordance with section 701 of title 10 (g)  Promotion. (1)  Officers. (A)  In general An officer participating in a program under this section shall not, while participating in the program, be eligible for consideration for promotion under chapter 21 or 37 of this title. (B)  Return to duty Upon the return of an officer to active duty after completion by the officer of participation in a program (i) the Commandant may adjust the date of rank of the officer in such manner as the Commandant may prescribe in regulations for purposes of this section; and (ii) the officer shall be eligible for consideration for promotion when officers of the same grade and seniority are eligible for consideration for promotion. (2)  Enlisted members An enlisted member participating in a program under this section shall not be eligible for consideration for advancement during the period that (A) begins on the date of the inactivation of the member from active duty under the program; and (B) ends at such time after the return of the member to active duty under the program that the member is treatable as eligible for promotion by reason of time in grade and such other requirements as the Commandant shall prescribe in regulations for purposes of the program. (h)  Continued Entitlements A member participating in a program under this section shall, while participating in the program, be treated as a member of the Armed Forces on active duty for a period of more than 30 days for purposes of (1) the entitlement of the member and of the dependents of the member to medical and dental care under the provisions of chapter 55 of title 10; and (2) retirement or separation for physical disability under the provisions of chapter 61 of title 10 and chapters 21 and 23 of this title. (Added Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4645  Editorial Notes  References in Text Section 474 of title 37 Pub. L. 11781, div. A, title VI,  604(a) Dec. 27, 2021 135 Stat. 1767  2515. Calculation of active service  Any service described, including service described prior to the date of enactment of the Don Young Coast Guard Authorization Act of 2022, in writing, including by electronic communication, by a representative of the Coast Guard Personnel Service Center as service that counts toward total active service for regular retirement under section 2152 or section 2306 shall be considered by the President as active service for purposes of applying section 2152 or section 2306 with respect to the determination of the retirement qualification for any officer or enlisted member to whom a description was provided. (Added Pub. L. 117263, div. K, title CXII,  11242(a) Dec. 23, 2022 136 Stat. 4040  Editorial Notes  References in Text The date of enactment of the Don Young Coast Guard Authorization Act of 2022, referred to in text, is the date of enactment of div. K of Pub. L. 117263 Dec. 23, 2022 Statutory Notes and Related Subsidiaries Rule of Construction Pub. L. 117263, div. K, title CXII,  11242(c) Dec. 23, 2022 136 Stat. 4040  The amendment made by subsection (a) [enacting this section] (1) shall only apply to officers of the Coast Guard that entered active service after January 1, 1997 January 1, 2024 (2) shall not apply to any member of any other uniformed service, or to any Coast Guard member regarding active service of the member in any other uniformed service.  2516. Members asserting post-traumatic stress disorder or traumatic brain injury (a)  Medical Examination Required. (1)  In general The Secretary shall ensure that a member of the Coast Guard who has performed Coast Guard operations or has been sexually assaulted during the preceding 2-year period, and who is diagnosed by an appropriate licensed or certified healthcare professional as experiencing post-traumatic stress disorder or traumatic brain injury or who otherwise alleges, based on the service of the member or based on such sexual assault, the influence of such a condition, receives a medical examination to evaluate a diagnosis of post-traumatic stress disorder or traumatic brain injury. (2)  Restriction on administrative separation A member described in paragraph (1) shall not be administratively separated under conditions other than honorable, including an administrative separation in lieu of a court-martial, until the results of the medical examination have been reviewed by appropriate authorities responsible for evaluating, reviewing, and approving the separation case, as determined by the Secretary. (3)  Post-traumatic stress disorder In a case involving post-traumatic stress disorder under this subsection, a medical examination shall be (A) performed by (i) a board-certified or board-eligible psychiatrist; or (ii) a licensed doctorate-level psychologist; or (B) performed under the close supervision of (i) a board-certified or board-eligible psychiatrist; or (ii) a licensed doctorate-level psychologist, a doctorate-level mental health provider, a psychiatry resident, or a clinical or counseling psychologist who has completed a 1-year internship or residency. (4)  Traumatic brain injury In a case involving traumatic brain injury under this subsection, a medical examination shall be performed by a physiatrist, psychiatrist, neurosurgeon, or neurologist. (b)  Purpose of Medical Examination The medical examination required under subsection (a) shall assess whether the effects of mental or neurocognitive disorders, including post-traumatic stress disorder and traumatic brain injury, constitute matters in extenuation that relate to the basis for administrative separation under conditions other than honorable or the overall characterization of the service of the member as other than honorable. (c)  Inapplicability to Proceedings Under Uniform Code of Military Justice The medical examination and procedures required by this section do not apply to courts-martial or other proceedings conducted pursuant to the Uniform Code of Military Justice. (d)  Coast Guard Operations Defined In this section, the term Coast Guard operations has the meaning given that term in section 888(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 468(a) (Added Pub. L. 117263, div. K, title CXIV,  11410(a) Dec. 23, 2022 136 Stat. 4116 SUBCHAPTER II ADVISORY BOARD ON WOMEN IN THE COAST GUARD  Editorial Notes Prior Provisions A prior subchapter II was redesignated subchapter III of this chapter.  2521. Advisory Board on Women in the Coast Guard (a)  In General The Commandant shall establish within the Coast Guard an Advisory Board on Women in the Coast Guard. (b)  Membership The Advisory Board established under subsection (a) shall be composed of such number of members as the Commandant considers appropriate, selected by the Commandant through a public selection process from among applicants for membership on the Board. The members of the Board shall, to the extent practicable, represent the diversity of the Coast Guard. The members of the Committee shall include an equal number of each of the following: (1) Active duty officers of the Coast Guard. (2) Active duty enlisted members of the Coast Guard. (3) Members of the Coast Guard Reserve. (4) Retired members of the Coast Guard. (c)  Duties The Advisory Board established under subsection (a) (1) shall advise the Commandant on improvements to the recruitment, retention, wellbeing, and success of women serving in the Coast Guard and attending the Coast Guard Academy, including recommendations for the report on gender diversity in the Coast Guard required by section 5109 of chapter 51 of title 14; (2) may submit to the Commandant recommendations in connection with its duties under this subsection, including recommendations to implement the advice described in paragraph (1); and (3) may brief Congress on its duties under this subsection, including the advice described in paragraph (1) and any recommendations described in paragraph (2). (Added Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4651 [SUBCHAPTER III REPEALED] [ 2531 to 2534. Repealed. Pub. L. 117263, div. K, title CXVIII,  11808(a)(18) Dec. 23, 2022 136 Stat. 4166   Section 2531, act Aug. 4, 1949, ch. 393 63 Stat. 526 Aug. 9, 1955, ch. 650 69 Stat. 577 Pub. L. 86309 Sept. 21, 1959 73 Stat. 585 Pub. L. 91278,  1(10) June 12, 1970 84 Stat. 305 Pub. L. 9623,  5(a) June 13, 1979 93 Stat. 68 Pub. L. 97295,  2(11) Oct. 12, 1982 96 Stat. 1302 Pub. L. 98557,  15(a)(3)(B) Oct. 30, 1984 98 Stat. 2865 Pub. L. 99640,  10(a)(7) Nov. 10, 1986 100 Stat. 3549 Pub. L. 115282, title I,  114(b) Dec. 4, 2018 132 Stat. 4223 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4748  Section 2532, added Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4757  Section 2533, added Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4758  Section 2534, added and amended Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4758 CHAPTER 27 PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS    SUBCHAPTER IPERSONNEL RIGHTS AND BENEFITS  Sec.  2701. Procurement of personnel.  2702. Training.  2703. Contingent expenses.  2704. Equipment to prevent accidents.  [ 2705. Repealed.]  2706. Right to wear uniform.  2707. Protection of uniform.  2708. Clothing for officers and enlisted personnel.  2709. Procurement and sale of stores to members and civilian employees.  2710. Disposition of effects of decedents.  2711. Deserters; payment of expenses incident to apprehension and delivery; penalties.  2712. Payment for the apprehension of stragglers.  2713. Employment assistance.  SUBCHAPTER IIAWARDS  2731. Delegation of powers to make awards; rules and regulations.  2732. Medal of honor.  2733. Medal of honor: duplicate medal.  2734. Medal of honor: presentation of Medal of Honor Flag.  2735. Coast Guard cross.  2736. Distinguished service medal.  2737. Silver star medal.  2738. Distinguished flying cross.  2739. Coast Guard medal.  2740. Insignia for additional awards.  2741. Time limit on award; report concerning deed.  2742. Honorable subsequent service as condition to award.  2743. Posthumous awards.  2744. Life-saving medals.  2745. Replacement of medals.  2746. Award of other medals.  2747. Awards and insignia for excellence in service or conduct.  2748. Presentation of United States flag upon retirement.  SUBCHAPTER IIIPAYMENTS  2761. Individuals discharged as result of court-martial; allowances to.  2762. Shore patrol duty; payment of expenses.  2763. Compensatory absence from duty for military personnel at isolated duty stations.  2764. Monetary allowance for transportation of household effects.  2765. Retroactive payment of pay and allowances delayed by administrative error or oversight.  2766. Travel card management.  2767. Reimbursement for medical-related travel expenses for certain individuals residing on islands in the continental United States.  2768. Annual audit of pay and allowances of members undergoing permanent change of station.  2769. Remission of indebtedness.  2770. Special instruction at universities.  2771. Attendance at professional meetings.  2772. Education loan repayment program for members on active duty in specified military specialties.  2773. Rations or commutation therefor in money.  2774. Sales of ration supplies to messes.  2775. Flight rations.  2776. Payments at time of discharge for good of service.  2777. Clothing for destitute shipwrecked individuals.  2778. Advancement of public funds to personnel.  2779. Transportation to and from certain places of employment.  Editorial Notes Prior Provisions A prior analysis for part III of this title COAST GUARD AUTHORIZATIONS AND REPORTS TO CONGRESS preceded prior section 2701 and consisted of items for chapter 27 Authorizations beginning with section 2701 and chapter 29 Reports beginning with section 2901, prior to repeal by Pub. L. 115282, title I,  115 Dec. 4, 2018 132 Stat. 4225 A prior analysis for chapter 27 AUTHORIZATIONS consisted of items 2701 Requirement for prior authorization of appropriations, 2702 Authorization of appropriations, 2703 Authorization of personnel end strengths, and 2704 Authorized levels of military strength and training, prior to repeal by Pub. L. 115282, title I,  116(a) Dec. 4, 2018 132 Stat. 4225 Amendments 2022 Pub. L. 117263, div. K, title CXII,  11239(b) Dec. 23, 2022 136 Stat. 4039 2021 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4649 2018 Pub. L. 115282, title I,  116(a) Dec. 4, 2018 132 Stat. 4225 SUBCHAPTER I PERSONNEL RIGHTS AND BENEFITS  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  116(c)(1) Dec. 4, 2018 132 Stat. 4229  2701. Procurement of personnel The Coast Guard may expend operations and support funds for recruiting activities, including advertising and entertainment, to (1) obtain recruits for the Service and cadet applicants; and (2) gain support of recruiting objectives from those who may assist in the recruiting effort. ( Aug. 4, 1949, ch. 393 63 Stat. 531 Pub. L. 104324, title II,  206(b) Oct. 19, 1996 110 Stat. 3908 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4760  Historical and Revision Notes Based on the following language contained in the Coast Guard appropriation act for 1949, Pay and Allowances and preceding years: expenses of recruiting for the Coast Guard; advertising for and obtaining enlisted personnel and applicants for appointment as cadets; June 19, 1948, ch. 558 62 Stat. 562 Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Prior Provisions A prior section 2701 was renumbered section 4901 of this title Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 468 of this title 1996 Pub. L. 104324  2702. Training  The Coast Guard may make expenditures for the training of personnel, including books, school supplies, correspondence courses, motion picture equipment, and other equipment for instructional purposes. ( Aug. 4, 1949, ch. 393 63 Stat. 531 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226  Historical and Revision Notes Based on the following language contained in the Coast Guard appropriation act for 1949, Pay and Allowances and preceding years: motion picture and other equipment for instructional purposes; . . . training of enlisted personnel, including textbooks, school supplies, and correspondence courses; June 19, 1948 62 Stat. 562 Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Prior Provisions A prior section 2702 was renumbered section 4902 of this title Amendments 2018 Pub. L. 115282 section 469 of this title  2703. Contingent expenses  The Commandant may expend for contingencies of the Coast Guard a sum not to exceed $50,000 in any one fiscal year. ( Aug. 4, 1949, ch. 393 63 Stat. 532 Pub. L. 108293, title II,  219 Aug. 9, 2004 118 Stat. 1039 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  15k ( Apr. 20, 1939, ch. 75 53 Stat. 582 The limitation on the amount for such contingencies is increased, and the amount is made available to the Commandant rather than solely to the Superintendent of the Academy as now prescribed by law. The authorization is to cover expenditures incident to the offices of the Commandant and the Superintendent of the Academy. The intent is that the amount authorized will be administered in a manner similar to that now employed by the Superintendent of the Academy under the authority of 14 U.S.C.,  15k. 81st Congress, House Report No. 557. Editorial Notes Prior Provisions A prior section 2703 was renumbered section 4903 of this title Amendments 2018 Pub. L. 115282 section 476 of this title 2004 Pub. L. 108293  2704. Equipment to prevent accidents  The Coast Guard may make such expenditures as are deemed appropriate for promotion and maintenance of the safety and occupational health of, and the prevention of accidents affecting, personnel of the Coast Guard, including the purchase of clothing, equipment, and other materials necessary thereto. ( Aug. 4, 1949, ch. 393 63 Stat. 532 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226  Historical and Revision Notes Derived from title 5, U.S.C., 1946, ed.,  118g ( Aug. 2, 1946, ch. 744,  13 60 Stat. 809 Because of the wide variety of tasks assigned to Coast Guard personnel it is deemed advisable to broaden this authority to the more general language as rewritten, insofar as Coast Guard personnel are concerned, thus giving complete authority to protect their health. Said section would in no way be affected. Inasmuch as the act cited above applies to executive departments generally, it is not scheduled for repeal by this act. 81st Congress, House Report No. 557. Editorial Notes Prior Provisions A prior section 2704 was renumbered section 4904 of this title Amendments 2018 Pub. L. 115282 section 477 of this title 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 section 542 of Title 6 Hypothermia Protective Clothing Requirement Pub. L. 107295, title IV,  410 Nov. 25, 2002 116 Stat. 2118 The Commandant of the Coast Guard shall ensure that all Coast Guard personnel are equipped with adequate safety equipment, including hypothermia protective clothing where appropriate, while performing search and rescue missions. [ 2705. Repealed. Pub. L. 115282, title III,  316 Dec. 4, 2018 132 Stat. 4250   Section, Aug. 4, 1949, ch. 393 63 Stat. 533 Pub. L. 98557,  15(a)(3)(C) Oct. 30, 1984 98 Stat. 2865 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226  2706. Right to wear uniform When authorized by and in accordance with applicable regulations: (a) any member who has served honorably in the Coast Guard during war shall when not in active service, whether or not on the retired list, be entitled to bear the official title and upon occasions of ceremony to wear the uniform of the highest rank or rating held by him during his war service, and (b) any member on the retired list shall be entitled to wear the uniform of his rank or rating. ( Aug. 4, 1949, ch. 393 63 Stat. 533 Pub. L. 98557,  15(a)(3)(H) Oct. 30, 1984 98 Stat. 2865 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226  Historical and Revision Notes Subsection (a) is based on title 14, U.S.C., 1946 ed.,  167b2 ( June 21, 1930, ch. 563,  2 46 Stat. 793 Inasmuch as the act cited above applies equally to the Navy and Marine Corps as well as the Coast Guard, it is not scheduled for repeal but is being amended by section 12 of this act to eliminate reference to the Coast Guard. Subsection (b) is new to the Coast Guard, although it has been the practice for retired officers to wear the uniform when they so desire. Such authority is granted to retired officers of the Navy (see title 34, U.S.C., 1946 ed.,  389). Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 483 of this title 1984Subsecs. (a), (b). Pub. L. 98557  2707. Protection of uniform  The provisions of law relating to the protection of the uniform of the United States Army, Navy, or Marine Corps shall apply to the protection of the uniform of the Coast Guard, in the same manner, to the same extent, and under the same conditions. ( Aug. 4, 1949, ch. 393 63 Stat. 533 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  39 ( Aug. 29, 1916, ch. 418,  1 39 Stat. 649 The assimilation is made in general terms, rather than by reference to the applicable section in title 10, U.S.C., 1946 ed. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 484 of this title  2708. Clothing for officers and enlisted personnel (a) The Coast Guard may purchase uniforms, accouterments, and related equipment for sale to officer personnel and cadets of the Coast Guard. (b) The Coast Guard may purchase uniform clothing for sale to enlisted personnel of the Coast Guard. The actual cost of the clothing thus sold to enlisted personnel may be withheld from their pay. ( Aug. 4, 1949, ch. 393 63 Stat. 534 Aug. 3, 1950, ch. 536,  33 64 Stat. 408 Pub. L. 87649,  14d(4) Sept. 7, 1962 76 Stat. 502 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226  Historical and Revision Notes Subsection (a) is based on title 14, U.S.C., 1946 ed.,  30 ( Jan. 12, 1919, ch. 8 40 Stat. 1054 Inasmuch as the act cited above applies equally to the Navy and Marine Corps as well as the Coast Guard, it is not scheduled for repeal but is being amended by section 9 of this act to eliminate reference to the Coast Guard. Subsection (b) is based on title 14, U.S.C., 1946, ed.,  13, and on title 33, U.S.C., 1946 ed.,  754 ( July 1, 1898, ch. 346,  1 30 Stat. 604 July 27, 1912, ch. 255,  2 37 Stat. 239 Subsection (c) is new. Title 37, U.S.C., 1946 ed.,  110 authorizes the payment of a cash allowance in case clothing is not furnished to enlisted persons of the Coast Guard. Clearly this presumes the authority to issue clothing to enlisted persons; this section makes the authority statutory. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 485 of this title 1962Subsec. (c). Pub. L. 87649 1950Subsec. (c). Act Aug. 3, 1950 Statutory Notes and Related Subsidiaries Effective Date of 1962 Amendment Amendment by Pub. L. 87649 Nov. 1, 1962 section 15 of Pub. L. 87649 section 101 of Title 37  2709. Procurement and sale of stores to members and civilian employees  Such stores as the Secretary may designate may be procured and sold to members of the Coast Guard, and to the surviving spouses of such members. Such designated stores may also be procured and sold to civilian officers and employees of the United States, and to such other individuals as may be specifically authorized by the Secretary, at Coast Guard stations and other units beyond the continental limits of the United States or in Alaska. ( Aug. 4, 1949, ch. 393 63 Stat. 534 Pub. L. 98557,  15(a)(2) Oct. 30, 1984 98 Stat. 2865 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4749  Historical and Revision Notes Derived from title 34, U.S.C., 1946 ed.,  533 ( Mar. 3, 1909, ch. 255 35 Stat. 768 Apr. 14, 1937, ch. 78 50 Stat. 63 June 10, 1939, ch. 196 53 Stat. 814 Jan. 23, 1942, ch. 15 56 Stat. 13 Apr. 9, 1943, ch. 39 57 Stat. 60 Said section granted authority for the Secretary of the Navy to sell designated stores to officers and enlisted men. It is deemed desirable to grant similar authority to the Secretary having control of the Coast Guard. Said section would in no way be affected. 81st Congress, House Report No. 557. Editorial Notes Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 487 of this title 1984 Pub. L. 98557  2710. Disposition of effects of decedents  All moneys, articles of value, papers, keepsakes, and other similar effects belonging to the deceased individuals in the Coast Guard, not claimed by their legal heirs or next of kin, shall be deposited in safe custody, and if any such moneys, articles of value, papers, keepsakes, or other similar effects so deposited have been, or shall hereafter be, unclaimed for a period of two years from the date of the death of such individual, such articles and effects shall be sold and the proceeds thereof, together with the moneys above mentioned, shall be deposited in the Treasury as miscellaneous receipts. The Secretary shall make diligent inquiry in every instance after the death of such individual to ascertain the whereabouts of his heirs or next of kin, and prescribe necessary regulations to carry out the foregoing provisions. Claims may be presented hereunder at any time within five years after such moneys or proceeds have been so deposited in the Treasury, and, when supported by competent proof in any case after such deposit in the Treasury, shall be certified to Congress for consideration. ( Aug. 4, 1949, ch. 393 63 Stat. 538 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4749  Historical and Revision Notes Derived from title 34, U.S.C., 1946 ed.,  942 ( Mar. 29, 1918, ch. 31 40 Stat. 499 Said section provided for the disposition of effects of deceased naval personnel. It is believed similar provisions should be made for Coast Guard personnel. Said section would in no way be affected. 81st Congress, House Report No. 557. Editorial Notes Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 507 of this title  2711. Deserters; payment of expenses incident to apprehension and delivery; penalties (a) The Coast Guard may, pursuant to regulations prescribed by the Secretary, make such expenditures as are deemed necessary for the apprehension and delivery of deserters, stragglers, and prisoners. (b) No individual who is convicted by court martial for desertion from the Coast Guard in time of war, and as the result of such conviction is dismissed or dishonorably discharged from the Coast Guard shall afterwards be enlisted, appointed, or commissioned in any military or naval service under the United States, unless the disability resulting from desertion, as established by this section is removed by a board of commissioned officers of the Coast Guard convened for consideration of the case, and the action of the Board is approved by the Secretary; or unless he is restored to duty in time of war. (Added May 5, 1950, ch. 169,  16(a) 64 Stat. 148 July 10, 1952, ch. 631,  2 66 Stat. 540 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4749  Editorial Notes Amendments 2021Subsec. (b). Pub. L. 116283 2018 Pub. L. 115282 section 508 of this title 1952Subsec. (a). Act July 10, 1952 Statutory Notes and Related Subsidiaries Effective Date Section effective May 31, 1951 act May 5, 1950, ch. 169,  5 64 Stat. 145  2712. Payment for the apprehension of stragglers  The Coast Guard may offer and pay rewards for the apprehension and delivery of deserters, stragglers, and prisoners. ( Aug. 4, 1949, ch. 393 63 Stat. 547 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  147 ( May 26, 1906, ch. 2556,  5 34 Stat. 200 Said section has been divided. That part relating to rewards for the apprehension of deserters is placed in this section. That part relating to the acceptance of convicted deserters in the armed forces is placed in section 575 of this title The limitation as to amount that could be offered is removed. The provision concerning money due the deserter is eliminated. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 644 of this title  2713. Employment assistance (a)  In General In order to improve the accuracy and completeness of a certification or verification of job skills and experience required by section 1143(a)(1) of title 10 (1) establish a database to record all training performed by members of the Coast Guard that may have application to employment in the civilian sector; and (2) make unclassified information regarding such information available to States and other potential employers referred to in section 1143(c) of title 10 (b)  Form of Certification or Verification The Secretary shall ensure that a certification or verification of job skills and experience required by section 1143(a)(1) of title 10 (c)  Requests by States A State may request that the Secretary confirm the accuracy and authenticity of a certification or verification of job skills and experience provided under section 1143(c) of title 10 (Added Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4649 SUBCHAPTER II AWARDS  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  116(c)(2) Dec. 4, 2018 132 Stat. 4229  2731. Delegation of powers to make awards; rules and regulations  The President may delegate to the Secretary, under such conditions, regulations, and limitations as he prescribes, the powers conferred upon him to make the awards designated in this chapter, and the President may make any and all rules, regulations, and orders which he deems necessary in the conferring of such awards. ( Aug. 4, 1949, ch. 393 63 Stat. 536 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226  Historical and Revision Notes This section provides for the delegation of powers to make awards to the Secretary. The Navy statute provides for such delegation to force commanders (see title 34, U.S.C., 1946 ed.,  364). 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 499 of this title  2732. Medal of honor The President may award, and present in the name of Congress, a medal of honor of appropriate design, with ribbons and appurtenances, to an individual who, while a member of the Coast Guard, displays conspicuous gallantry and intrepidity at the risk of such individuals life above and beyond the call of duty (1) while engaged in an action against an enemy of the United States; (2) while engaged in military operations involving conflict with an opposing foreign force; (3) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. ( Aug. 4, 1949, ch. 393 63 Stat. 535 Pub. L. 8877,  4 July 25, 1963 77 Stat. 95 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4749  Historical and Revision Notes This section is new insofar as application to Coast Guard personnel in time of peace is concerned. Such awards can be made to members of the Coast Guard when the Coast Guard is operating with the Navy. The language is parallel to that found in title 34, U.S.C., 1946 ed.,  354, providing for awards to personnel of the Navy. 81st Congress, House Report No. 557. Editorial Notes Amendments 2021 Pub. L. 116283,  8506(c) Pub. L. 116283,  8505(a)(25) 2018 Pub. L. 115282 section 491 of this title 1963 Pub. L. 8877  2733. Medal of honor: duplicate medal  An individual awarded a medal of honor shall, upon written application of that individual, be issued, without charge, one duplicate medal of honor with ribbons and appurtenances. Such duplicate medal of honor shall be marked, in such manner as the Secretary may determine, as a duplicate or for display purposes only. (Added Pub. L. 107107, div. A, title V,  553(d)(1)(A) Dec. 28, 2001 115 Stat. 1116 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4749  Editorial Notes Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 504 of this title  2734. Medal of honor: presentation of Medal of Honor Flag  The President shall provide for the presentation of the Medal of Honor Flag designated under section 903 of title 36 section 2732 of this title (Added Pub. L. 107248, title VIII,  8143(c)(4)(A) Oct. 23, 2002 116 Stat. 1571 Pub. L. 107314, div. A, title X,  1062(b)(1) Dec. 2, 2002 116 Stat. 2650 Pub. L. 109364, div. A, title V,  555(a) Oct. 17, 2006 120 Stat. 2217 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4749  Editorial Notes Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282,  123(b)(2) Pub. L. 115282,  116(b) section 505 of this title 2006 Pub. L. 109364 October 23, 2002 section 491 of this title 2002 Pub. L. 107314 October 23, 2002 Statutory Notes and Related Subsidiaries Presentation of Flag for Prior Recipients of Medal of Honor President to provide for the presentation of the Medal of Honor Flag to living recipients of the Medal of Honor as expeditiously as possible after Oct. 17, 2006 section 555(b) of Pub. L. 109364 section 3755 of Title 10  2735. Coast Guard cross The President may award a Coast Guard cross of appropriate design, with ribbons and appurtenances, to an individual who, while serving in any capacity with the Coast Guard, when the Coast Guard is not operating under the Department of the Navy, distinguishes himself or herself by extraordinary heroism not justifying the award of a medal of honor (1) while engaged in an action against an enemy of the United States; (2) while engaged in military operations involving conflict with an opposing foreign force or international terrorist organization; or (3) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. (Added Pub. L. 111281, title II,  224(a) Oct. 15, 2010 124 Stat. 2921 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4749  Editorial Notes Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 491a of this title  2736. Distinguished service medal  The President may present, but not in the name of Congress, a distinguished service medal of appropriate design, with accompanying ribbon, together with a rosette or other device, to be worn in lieu thereof, to any individual who, while serving in any capacity with the Coast Guard, performs exceptionally meritorious service to the Government in a duty of great responsibility. ( Aug. 4, 1949, ch. 393 63 Stat. 535 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4749  Historical and Revision Notes This section is new insofar as application to Coast Guard personnel in time of peace is concerned. Such awards can be made to members of the Coast Guard when the Coast Guard is operating with the Navy. The language is parallel to that found in title 34, U.S.C., 1946 ed.,  355, providing for awards to personnel of the Navy. 81st Congress, House Report No. 557. Editorial Notes Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 492 of this title Executive Documents  Ex. Ord. No. 12824. Establishing the Homeland Security Distinguished Service Medal Ex. Ord. No. 12824, Dec. 7, 1992 Feb. 28, 2003 Apr. 5, 2011 By the authority vested in me as President by the Constitution and the laws of the United States of America and as Commander in Chief of the Armed Forces of the United States, it is ordered as follows: Section Sec Sec Sec  2737. Silver star medal The President may award a silver star medal of appropriate design, with ribbons and appurtenances, to an individual who, while serving in any capacity with the Coast Guard, when the Coast Guard is not operating under the Department of the Navy, is cited for gallantry in action that does not warrant a medal of honor or Coast Guard cross (1) while engaged in an action against an enemy of the United States; (2) while engaged in military operations involving conflict with an opposing foreign force or international terrorist organization; or (3) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. (Added Pub. L. 111281, title II,  224(b)(2) Oct. 15, 2010 124 Stat. 2922 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4749  Editorial Notes Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 492a of this title  2738. Distinguished flying cross  The President may present, but not in the name of Congress, a distinguished flying cross of appropriate design, with accompanying ribbon, to any individual who, while serving in any capacity with the Coast Guard, displays heroism or extraordinary achievement while participating in an aerial flight. (Added Aug. 10, 1956, ch. 1041,  12(a) 70A Stat. 624 Pub. L. 111281, title II,  224(b)(1) Oct. 15, 2010 124 Stat. 2922 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4749  Editorial Notes Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 492b of this title 2010 Pub. L. 111281 section 492a of this title  2739. Coast Guard medal  The President may present, but not in the name of Congress, a medal to be known as the Coast Guard medal, of appropriate design, with accompanying ribbon, together with a rosette or other device to be worn in lieu thereof, to any individual who, while serving in any capacity with the Coast Guard, displays heroism not involving actual conflict with an enemy. ( Aug. 4, 1949, ch. 393 63 Stat. 535 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4749  Historical and Revision Notes This section establishes a new medal to be known as the Coast Guard Medal, which is intended to be a parallel award to the Navy and Marine Corps Medal of the Navy, to be awarded under the same circumstances as that medal is awarded to personnel of the Navy (see title 34, U.S.C., 1946 ed.,  356b). 81st Congress, House Report No. 557. Editorial Notes Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 493 of this title  2740. Insignia for additional awards  No more than one Coast Guard cross, distinguished service medal, silver star medal, distinguished flying cross, or Coast Guard medal shall be issued to any one individual; but for each succeeding deed or service sufficient to justify the awarding of a Coast Guard cross, distinguished service medal, silver star medal, distinguished flying cross, or Coast Guard medal, the President may award a suitable emblem or insignia to be worn with the decoration and a corresponding rosette or other device. ( Aug. 4, 1949, ch. 393 63 Stat. 535 Aug. 10, 1956, ch. 1041,  13 70A Stat. 624 Pub. L. 111281, title II,  224(c)(1) Oct. 15, 2010 124 Stat. 2922 Pub. L. 113281, title II,  213 Dec. 18, 2014 128 Stat. 3029 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4749  Historical and Revision Notes This section is supplemental to the preceding sections dealing with the award of medals and regulates the award of additional medals of the same kind. It follows the established practice in all the armed forces (see title 34, U.S.C., 1946 ed.,  358). 81st Congress, House Report No. 557. Editorial Notes Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 494 of this title 2014 Pub. L. 113281 2010 Pub. L. 111281 1956Act Aug. 10, 1956  2741. Time limit on award; report concerning deed (a) No medal of honor, Coast Guard cross, distinguished service medal, silver star medal, distinguished flying cross, Coast Guard medal, or bar, emblem, or insignia in lieu thereof may be awarded to an individual unless (1) the award is made within five years after the date of the deed or service justifying the award; (2) a statement setting forth the deed or distinguished service and recommending official recognition of it was made by his superior through official channels within three years from the date of that deed or termination of the service. (b) If the Secretary determines that (1) a statement setting forth the deed or distinguished service and recommending official recognition of it was made by the individuals superior through official channels within three years from the date of that deed or termination of the service and was supported by sufficient evidence within that time; and (2) no award was made, because the statement was lost or through inadvertence the recommendation was not acted upon; a medal of honor, Coast Guard cross, distinguished service medal, silver star medal, distinguished flying cross, Coast Guard medal, or bar, emblem, or insignia in lieu thereof, as the case may be, may be awarded to the individual within two years after the date of that determination. ( Aug. 4, 1949, ch. 393 63 Stat. 536 Pub. L. 87526,  1(5) July 10, 1962 76 Stat. 141 Pub. L. 111281, title II,  224(c)(2) Oct. 15, 2010 124 Stat. 2922 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4749  Historical and Revision Notes This section establishes a time limit on the making of awards. It follows the established practice in all the armed forces (see title 10, U.S.C., 1946 ed.,  1409 and title 34, U.S.C., 1946 ed.,  360). 81st Congress, House Report No. 557. Editorial Notes Amendments 2021Subsec. (a). Pub. L. 116283,  8505(a)(34)(A) Subsec. (b)(1). Pub. L. 116283,  8505(a)(34)(B) Subsec. (b)(2). Pub. L. 116283,  8505(a)(34)(C) 2018 Pub. L. 115282 section 496 of this title 2010Subsec. (a). Pub. L. 111281,  224(c)(2)(A) Subsec. (b)(2). Pub. L. 111281,  224(c)(2)(B) 1962 Pub. L. 87526  2742. Honorable subsequent service as condition to award  No medal of honor, Coast Guard cross, distinguished service medal, silver star medal, distinguished flying cross, Coast Guard medal, or emblem, or insignia in lieu thereof shall be awarded or presented to any individual, or to the representative of any individual, whose entire service subsequent to the time of the acts resulting in the consideration of such award shall not in the opinion of the Commandant have been honorable. ( Aug. 4, 1949, ch. 393 63 Stat. 536 Aug. 10, 1956, ch. 1041,  13 70A Stat. 624 Pub. L. 111281, title II,  224(c)(3) Oct. 15, 2010 124 Stat. 2922 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4752  Historical and Revision Notes This section makes honorable service subsequent to the act for which award is made, a condition precedent to granting the award. The Navy has the same statutory condition (see title 34, U.S.C., 1946 ed.,  362). 81st Congress, House Report No. 557. Editorial Notes Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 497 of this title 2010 Pub. L. 111281 1956Act Aug. 10, 1956  2743. Posthumous awards  In case an individual who dies before the making of any award to which such individual may be entitled, as authorized in this chapter, the award may be made and presented within five years from the date of the act or service justifying the award to such next of kin as may have been designated by the individual, or in the absence of such designation, or if the designated individual is not alive at the time of the award, or the relationship between such individual and the serviceman shall have been terminated before his death, then to such representative as the President designates. In the event of a posthumous award when the award will be made to the parents of the deceased and the parents have been divorced or separated, a duplicate award may be made to each parent. ( Aug. 4, 1949, ch. 393 63 Stat. 536 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4749  Historical and Revision Notes This section sets forth the conditions under which posthumous awards can be made. It is substantially the same as conditions for the Navy, but has the added provision for duplicate awards in case the parents are divorced or separated (see title 34, U.S.C., 1946 ed.,  363). 81st Congress, House Report No. 557. Editorial Notes Amendments 2021 Pub. L. 116283,  8506(h) Pub. L. 116283,  8505(a)(35) 2018 Pub. L. 115282 section 498 of this title  2744. Life-saving medals (a) The Secretary may, under regulations prescribed by him, award a Life-saving medal of gold or silver to any individual, including personnel of the Coast Guard, who rescues or endeavors to rescue any other individual from drowning, shipwreck, or other peril of the water in accordance with the following provisions: (1) if such rescue or attempted rescue is made at the risk of ones own life and evidences extreme and heroic daring, the medal shall be of gold; (2) if such rescue or attempted rescue is not sufficiently distinguished to deserve the medal of gold, but evidences the exercise of such signal exertion as to merit recognition, the medal shall be of silver. (b) In order for an individual to be eligible for the Life-saving Medals the rescue or attempted rescue must take place in waters within the United States or subject to the jurisdiction thereof, or if the rescue or attempted rescue takes place outside such waters, one or the other of the parties must be a citizen of the United States or from a vessel or aircraft owned or operated by citizens of the United States. (c) No individual shall receive more than one gold medal and one silver medal; but any individual who has received or may hereafter receive a gold or silver medal and who again performs an act which would entitle him to receive another medal of the same class may be awarded, in lieu of a second medal of the same class, a gold or silver bar, as the case may be, to be worn with the medal already bestowed, and for every such additional act, an additional bar may be awarded. Medals and bars in lieu thereof, authorized by this subsection, may be awarded posthumously. ( Aug. 4, 1949, ch. 393 63 Stat. 536 Pub. L. 94546,  1(31) Oct. 18, 1976 90 Stat. 2521 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4749  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  193, 194, 195, 196 ( June 20, 1874, ch. 344,  7 18 Stat. 127 June 18, 1878, ch. 265,  12 20 Stat. 165 May 4, 1882, ch. 117,  9 22 Stat. 57 Jan. 21, 1897, ch. 83 29 Stat. 494 Said sections have been rewritten so as to make the awarding of Life-saving medals turn on whether or not the United States has an interest in the heroic act, rather than on technical jurisdictional grounds. Under existing law the award of a medal could be made in any case in which the rescuer or the rescued was a citizen of the United States, or was from a vessel owned or operated by the United States regardless of where the rescue took place; and if the rescue took place within waters of the United States the award could be made to an alien. The existing law relating to the Treasury Department Life-Saving Medal contained in title 14, U.S.C., 1946, ed.,  192196, has long needed revision. The existing law is composed of a series of statutes enacted separately between 1874 and 1897, and the result has not been entirely unsatisfactory. The original statute, enacted in 1874 (title 14, U.S.C., 1946 ed.,  193), provided for Life-saving medals of the first and second class to be bestowed upon any persons who shall hereafter endanger their own lives in saving, or endeavoring to save lives from the perils of the sea, within the United States, or upon any American vessel. The medal of the first class was confined to cases of extreme and heroic daring and the medal of the second class was to be awarded in cases not sufficiently distinguished to deserve the medal of the first class Then in 1878 another act was passed (title 14, U.S.C., 1946 ed.,  194) authorizing the bestowal of the medal of the second class upon persons making such signal exertions in rescuing and succoring the shipwrecked, and saving persons from drowning as, in the opinion of the Secretary of the Treasury, merited recognition. These two sections were construed by the Attorney General to be limited to the rescue of persons who were subjected to the perils of the sea in any waters of the United States in the vicinity of any lifeboat station, life-saving station, or house of refuge. And the person upon whom the medal could be bestowed was limited to members of life-saving crews. (1895) Op. Att. Gen. 124. Thereupon, in 1897, an act was passed which provided that the two earlier acts should be construed so as to empower the Secretary of the Treasury to bestow such medals upon persons making signal exertions in rescuing and succoring the shipwrecked and saving persons from drowning in waters over which the United States has jurisdiction, whether the said persons making such exertions were or were not members of the Life-Saving Service or whether or not such exertions were made in the vicinity of a life-saving station. (Title 14, U.S.C., 1946 ed.,  196.) This act was designed to give a more liberal application to the two earlier acts, and all three were to be read as one. (1900) 23 Op. Atty. Gen. 78. However, difficult questions of interpretation have arisen because of the different jurisdictional language in the three acts. For example, title 14, U.S.C., 1946 ed.,  193, refers to rescues within the United States, while title 14, U.S.C., 1946 ed.,  196, refers to rescues in the waters over which the United States has jurisdiction. The need for clarification is obvious. Subsection (a) authorizes the awarding of the medal to any person, including Coast Guard personnel, who rescues or endeavors to rescue any person from drowning, shipwreck, or peril of the water. If the rescue or attempted rescue is at the risk of ones own life and evidences extreme and heroic daring, the medal shall be of gold, and if the rescue or attempted rescue is not sufficiently distinguished to deserve the gold medal, but evidences the exertion of such signal exertion as to merit recognition, the medal shall be of silver. Thus, the acts for which the medals are to be awarded are defined simply and without any geographical or jurisdictional limitations. The difficulty with the existing law is the attempt to define the required deed together with those limitations. Subsection (a) does not change existing law insofar as the type of act necessary for the medals is concerned; it merely simplifies and clarifies existing law. Subsection (b) contains the jurisdictional limitations on the awarding of the medal and broadens, to a considerable extent, the provisions of existing law. It is the intent of this subsection to authorize the awarding of a medal in all cases where the United States has a legitimate interest in recognizing meritorious acts, such as where a United States citizen performs the act, or where a United States citizen is rescued, or where United States waters or United States vessels or aircraft are involved. Accordingly, rescues by United States citizens anywhere in the world will be recognized. Any person, including persons not citizens of the United States, may receive medals if the rescue or attempted rescue takes place in waters within the United States or subject to its jurisdiction or, in cases of rescues outside such waters, if either the rescuer or the person rescued is from a United States vessel or aircraft, or the person rescued is a United States citizen. Thus, every case in which the United States government has an interest is provided for. A United States citizen who performs a heroic act sufficient to justify a medal in state waters, or in foreign waters, could not receive one under existing law, but could receive such award under this proposed revision. The awarding of medals should not turn on technical jurisdictional grounds; it should turn rather on the interest of the United States to recognize noble and heroic acts. Subsection (c) dealing with the awarding of bars for additional acts, clarifies, but does not change title 14, U.S.C., 1946 ed.,  195, except that authority is granted to award medals posthumously. 81st Congress, House Report No. 557. Editorial Notes Amendments 2021Subsec. (a). Pub. L. 116283,  8505(a)(36)(B) Subsec. (b). Pub. L. 116283,  8505(a)(36)(A) Subsec. (c). Pub. L. 116283,  8505(a)(36)(B) 2018 Pub. L. 115282 section 500 of this title 1976Subsec. (a). Pub. L. 94546  2745. Replacement of medals  In those cases where a medal, or a bar, emblem, or insignia in lieu thereof, awarded pursuant to this chapter has been stolen, lost, destroyed, or rendered unfit for use without fault or neglect on the part of the individual to whom it was awarded, such medal, or bar, emblem, or insignia in lieu thereof, shall be replaced without charge, or, in the discretion of the Secretary, upon condition that the Government is reimbursed for the cost thereof. ( Aug. 4, 1949, ch. 393 63 Stat. 537 Pub. L. 107107, div. A, title V,  553(d)(2) Dec. 28, 2001 115 Stat. 1117 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4749  Historical and Revision Notes This section provides for the replacement of medals. It follows the established practice of the other armed forces, but makes an additional provision that the Secretary in his discretion may charge for the replacement medals in some circumstances. (See title 10, U.S.C., 1946 ed.,  1416 and title 34, U.S.C., 1946 ed.,  359.) 81st Congress, House Report No. 557. Editorial Notes Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 501 of this title 2001 Pub. L. 107107  2746. Award of other medals  Coast Guard personnel, notwithstanding the provisions of this chapter, may be awarded medals, bars, emblems, or insignia to which such personnel may be entitled under other provisions of law. ( Aug. 4, 1949, ch. 393 63 Stat. 537 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226  Historical and Revision Notes This section insures that the preceding sections are not intended to prevent Coast Guard military personnel from receiving other medals, the legion of merit, for example. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 502 of this title Executive Documents Meritorious Service Medal Medal established as an award for outstanding meritorious achievement or service to the United States, see Ex. Ord. No. 11448, Jan. 16, 1969 section 1121 of Title 10  2747. Awards and insignia for excellence in service or conduct  The Coast Guard may award trophies, badges, and cash prizes to Coast Guard personnel or groups thereof, including personnel of the reserve components thereof whether or not on active duty, for excellence in accomplishments related to Coast Guard service, to incur such expenses as may be necessary to enter such personnel in competitions, and to provide badges or buttons in recognition of special service, good conduct, and discharge under conditions other than dishonorable. ( Aug. 4, 1949, ch. 393 63 Stat. 537 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226  Historical and Revision Notes Based on the following language contained in the Coast Guard appropriation act for 1949, Pay and Allowances and preceding years: not exceeding $10,000 for cash prizes for men for excellence in boatmanship, gunnery, target practice, and engineering competitions June 19, 1948, ch. 558 62 Stat. 561 This section expands the language contained in the appropriation act to include the awarding of trophies and badges, and to include in the accomplishments for which such awards may be made, excellence in any field related to Coast Guard duty. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 503 of this title  2748. Presentation of United States flag upon retirement (a)  Presentation of Flag Upon the release of a member of the Coast Guard from active duty for retirement, the Secretary shall present a United States flag to the member. (b)  Multiple Presentations Not Authorized A member is not eligible for a presentation of a flag under subsection (a) if the member has previously been presented a flag under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement. (c)  No Cost to Recipient The presentation of a flag under this section shall be at no cost to the recipient. (Added Pub. L. 105261, div. A, title VI,  644(d)(1) Oct. 17, 1998 112 Stat. 2049 Pub. L. 10665, div. A, title VI,  652(e) Oct. 5, 1999 113 Stat. 666 Pub. L. 107296, title XVII,  1704(a) Nov. 25, 2002 116 Stat. 2314 Pub. L. 107314, div. A, title X,  1062(b)(2) Dec. 2, 2002 116 Stat. 2650 Pub. L. 112213, title II,  217(6) Dec. 20, 2012 126 Stat. 1557 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226  Editorial Notes Amendments 2018 Pub. L. 115282 section 516 of this title 2012Subsec. (a). Pub. L. 112213 2002Subsec. (a). Pub. L. 107296 Subsec. (c). Pub. L. 107314 1999Subsec. (b). Pub. L. 10665 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Effective Date Section applicable with respect to releases from active duty described in this section and sections 7251, 8261, and 9251 of Title 10, Armed Forces, on or after Oct. 1, 1998 section 644(e) of Pub. L. 105261 section 7251 of Title 10 SUBCHAPTER III PAYMENTS  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  116(c)(3) Dec. 4, 2018 132 Stat. 4229  2761. Individuals discharged as result of court-martial; allowances to  The Secretary may furnish individuals discharged pursuant to the sentence of a Coast Guard court-martial suitable civilian clothing and a monetary allowance not to exceed $25 if the individual discharged would not otherwise have suitable clothing or funds to meet immediate needs. (Added May 5, 1950, ch. 169,  16(a) 64 Stat. 148 Pub. L. 90377,  8 July 5, 1968 82 Stat. 288 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4749  Editorial Notes Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 509 of this title 1968 Pub. L. 90377 Statutory Notes and Related Subsidiaries Effective Date Section effective May 31, 1951 act May 5, 1950, ch. 169,  5 64 Stat. 145  2762. Shore patrol duty; payment of expenses  An officer or cadet of the Coast Guard who is assigned shore patrol duty away from his vessel or other duty station may be paid his actual expenses. (Added Aug. 10, 1956, ch. 1041,  14(a) 70A Stat. 624 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226  Editorial Notes Amendments 2018 Pub. L. 115282 section 510 of this title  2763. Compensatory absence from duty for military personnel at isolated duty stations  The Secretary may grant compensatory absence from duty to military personnel of the Coast Guard serving at isolated duty stations of the Coast Guard when conditions of duty result in confinement because of isolation or in long periods of continuous duty. (Added Aug. 9, 1955, ch. 650,  4 69 Stat. 577 Pub. L. 94546,  1(32) Oct. 18, 1976 90 Stat. 2521 Pub. L. 107295, title III,  312(a) Nov. 25, 2002 116 Stat. 2102 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226  Editorial Notes Amendments 2018 Pub. L. 115282 section 511 of this title 2002 Pub. L. 107295 1976 Pub. L. 94546  2764. Monetary allowance for transportation of household effects  The transportation and reimbursement authorized by section 453(c) of title 37 section 453(c) of title 37 (Added Pub. L. 96376,  7(a) Oct. 3, 1980 94 Stat. 1510 Pub. L. 97295,  2(16) Oct. 12, 1982 96 Stat. 1302 Pub. L. 11281, div. A, title VI,  631(f)(4)(B) Dec. 31, 2011 125 Stat. 1465 Pub. L. 112239, div. A, title X,  1076(a)(9) Jan. 2, 2013 126 Stat. 1948 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 117263, div. A, title VI,  626(d) Dec. 23, 2022 136 Stat. 2629  Editorial Notes Amendments 2022 Pub. L. 117263 2018 Pub. L. 115282 section 512 of this title 2013 Pub. L. 112239,  1076(a)(9) Pub. L. 11281,  631(f)(4)(B) 2011 Pub. L. 11281,  631(f)(4)(B) Pub. L. 112239,  1076(a)(9) 1982 Pub. L. 97295 Statutory Notes and Related Subsidiaries Effective Date of 2013 Amendment Pub. L. 112239, div. A, title X,  1076(a) Jan. 2, 2013 126 Stat. 1947 Dec. 31, 2011 Pub. L. 11281  2765. Retroactive payment of pay and allowances delayed by administrative error or oversight  Under regulations prescribed by the Secretary, the Coast Guard may authorize retroactive payment of pay and allowances, including selective reenlistment bonuses, to enlisted members if entitlement to the pay and allowances was delayed in vesting solely because of an administrative error or oversight. (Added Pub. L. 100448,  13(a) Sept. 28, 1988 102 Stat. 1844 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226  Editorial Notes Amendments 2018 Pub. L. 115282 section 513 of this title  2766. Travel card management (a)  In General The Secretary may require that travel or transportation allowances due a civilian employee or military member of the Coast Guard be disbursed directly to the issuer of a Federal contractor-issued travel charge card, but only in an amount not to exceed the authorized travel expenses charged by that Coast Guard member to that travel charge card issued to that employee or member. (b)  Withholding of Nondisputed Obligations The Secretary may also establish requirements similar to those established by the Secretary of Defense pursuant to section 2784a of title 10 (Added Pub. L. 108293, title II,  210(a) Aug. 9, 2004 118 Stat. 1036 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226  Editorial Notes Amendments 2018 Pub. L. 115282 section 517 of this title  2767. Reimbursement for medical-related travel expenses for certain individuals residing on islands in the continental United States In any case in which a covered beneficiary (as defined in section 1072(5) of title 10 (1) the covered beneficiary is referred by a primary care physician to a specialty care provider (as defined in section 1074i(b) of title 10 (2) the Coast Guard medical regional manager for the area in which such island is located determines that the covered beneficiary requires services of a primary care, specialty care, or dental provider and such a provider who is part of the network of providers of a TRICARE program (as that term is defined in section 1072(7) of title 10 (Added Pub. L. 111281, title II,  203(a) Oct. 15, 2010 124 Stat. 2909 Pub. L. 115232, div. C, title XXXV,  3524 Aug. 13, 2018 132 Stat. 2316 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4750  Editorial Notes Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 518 of this title Pub. L. 115232 section 1072(5) of title 10 section 1074i(b) of title 10  2768. Annual audit of pay and allowances of members undergoing permanent change of station  The Commandant shall conduct each calendar year an audit of member pay and allowances for the members who transferred to new units during such calendar year. The audit for a calendar year shall be completed by the end of the calendar year. (Added Pub. L. 114120, title II,  216(a)(1) Feb. 8, 2016 130 Stat. 46 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226  Editorial Notes Amendments 2018 Pub. L. 115282 section 519 of this title  2769. Remission of indebtedness The Secretary may have remitted or cancelled any part of an individuals indebtedness to the United States or any instrumentality of the United States if (1) the indebtedness was incurred while the individual served as a member of the Coast Guard, whether as a regular or a reserve in active status; and (2) the Secretary determines that remitting or cancelling the indebtedness is in the best interest of the United States. ( Aug. 4, 1949, ch. 393 63 Stat. 530 Sept. 3, 1954, ch. 1263,  33(b) 68 Stat. 1238 Pub. L. 87526,  1(1) July 10, 1962 76 Stat. 141 Pub. L. 87649,  14d(7) Sept. 7, 1962 Pub. L. 89718,  73(a)(3) Nov. 2, 1966 80 Stat. 1124 Pub. L. 89718,  73(c)(1) Nov. 2, 1966 80 Stat. 1124 Pub. L. 9083,  2 Sept. 11, 1967 81 Stat. 220 Pub. L. 94546,  1(29) Oct. 18, 1976 90 Stat. 2521 Pub. L. 114120, title II,  203(a) Feb. 8, 2016 130 Stat. 34 Pub. L. 114328, div. A, title VI,  671(b)(4) Dec. 23, 2016 130 Stat. 2173 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4750  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  20a, 121 ( May 18, 1920, ch. 190,  8 41 Stat. 603 June 10, 1922, ch. 212 42 Stat. 625 July 3, 1926, ch. 742,  10 44 Stat. 817 Said section 121 was omitted from the 1940 and 1946 editions of the U.S. Code, but it has been held that the assimilation provision thereof is inoperative only insofar as Congress has made specific legislative provision for the Coast Guard, and that benefits derived from legislation pertaining to the Navy previously conferred upon the Coast Guard, and not provided for in subsequent legislation, survive to the Coast Guard under the assimilation statute. (See 27 Comp. Dec. 234; 22 Comp. Gen. 723; decision of June 9, 1947 April 2, 1948 September 2, 1948 It seems desirable to retain this assimilation provision as to pay in order to cover any failure to provide specifically for the Coast Guard in military pay legislation. This section assimilates the pay of military personnel of the Coast Guard to the pay of military personnel of the Navy. It seems that this is the most feasible method of insuring that the pay of military personnel of the Coast Guard will not vary from the pay of military personnel of the other armed forces. The assimilation is intended to include authorization for extra pay and allowances as provided for personnel of the Navy, for all types of special duty: for example, qualified divers on diving duty, military personnel assigned to submarine duty, military personnel assigned to aviation duty, officers assigned as aides to flag officers, and enlisted persons assigned to duty in the mess detail. Military pay acts are intended to include Coast Guard personnel specifically; this section would cover any failure to so provide for Coast Guard personnel in a pay act. Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2021 Pub. L. 116283,  8505(a)(40)(A) Par. (1). Pub. L. 116283,  8505(a)(40)(B) 2018 Pub. L. 115282 section 461 of this title 2016 Pub. L. 114120 Par. (1). Pub. L. 114328 1976 Pub. L. 94546 1967 Pub. L. 9083 section 73(a)(3) of Pub. L. 89718 Pub. L. 87649 1966 Pub. L. 89718,  73(a)(3) section 14d of Pub. L. 87649 Pub. L. 87649 Pub. L. 89718,  73(c)(1) 1962 Pub. L. 87526,  1(1)(A) Subsec. (c). Pub. L. 87526,  1(1)(B) 1954Act Sept. 3, 1954 Statutory Notes and Related Subsidiaries Effective Date of 2016 Amendment Amendment by Pub. L. 114328 Dec. 23, 2016 Oct. 7, 2001 section 671(b)(5) of Pub. L. 114328 section 7837 of Title 10 Effective Date of 1967 Amendment Pub. L. 9083,  9(i) Sept. 11, 1967 81 Stat. 222 Section 2 of this Act [correcting section 73(a)(3) of Pub. L. 89718 November 2, 1966  2770. Special instruction at universities  Coast Guard personnel may be assigned for special instruction at private or state colleges or universities, and their expenses, including tuition, books, laboratory equipment and fees, and school supplies, may be defrayed by the Coast Guard. ( Aug. 4, 1949, ch. 393 63 Stat. 531 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226  Historical and Revision Notes Based on the following language contained in the Coast Guard appropriation act for 1949, Pay and Allowances and preceding years: Not to exceed $32,200 for cost of instruction of officers at non-Federal institutions, including books, laboratory equipment and fees, school supplies, and maintenance of students; June 19, 1948, ch. 558 62 Stat. 562 The monetary limitation is removed. Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 470 of this title Statutory Notes and Related Subsidiaries Expansion of Postgraduate Opportunities for Members of Coast Guard in Medical and Related Fields Pub. L. 117263, div. K, title CXIV,  11413(a) Dec. 23, 2022 136 Stat. 4120  (a)  In General The Commandant [of the Coast Guard] shall expand opportunities for members of the Coast Guard to secure postgraduate degrees in medical and related professional disciplines for the purpose of supporting Coast Guard clinics and operations. (b)  Application of Law Individuals who receive assistance pursuant to subsection (a) shall be subject to the service obligations required under section 2114 of title 10 Coast Guard Graduate Maritime Operations Education Pub. L. 114120, title II,  213 Feb. 8, 2016 130 Stat. 42  Not later than 1 year after the date of the enactment of this Act [ Feb. 8, 2016 (1) offers a masters degree in maritime operations; (2) is relevant to the professional development of such members and employees; (3) provides resident and distant education options, including the ability to utilize both options; and (4) to the greatest extent practicable, is conducted using existing academic programs at an accredited public academic institution that (A) is located near a significant number of Coast Guard, maritime, and other Department of Homeland Security law enforcement personnel; and (B) has an ability to simulate operations normally conducted at a command center.  2771. Attendance at professional meetings  Coast Guard personnel may be directed to attend meetings of technical, professional, scientific, and other similar organizations and may be reimbursed for expenses thereby incurred at the rates authorized by law. ( Aug. 4, 1949, ch. 393 63 Stat. 532 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226  Historical and Revision Notes It is believed that the authority contained in this section will greatly benefit the Government in providing better trained personnel. A similar provision was enacted for personnel of the Navy in 1946 (see title 5, U.S.C., 1946 ed.,  421c). 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 471 of this title  2772. Education loan repayment program for members on active duty in specified military specialties (a)  In General. (1)  Repayment Subject to the provisions of this section, the Secretary may repay (A) any loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1071 (B) any loan made under part D of such title (the William D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a (C) any loan made under part E of such title ( 20 U.S.C. 1087aa (D) any loan incurred for educational purposes made by a lender that is (i) an agency or instrumentality of a State; (ii) a financial or credit institution (including an insurance company) that is subject to examination and supervision by an agency of the United States or any State; (iii) a pension fund approved by the Secretary for purposes of this section; or (iv) a nonprofit private entity designated by a State, regulated by such State, and approved by the Secretary for purposes of this section. (2)  Requirement Repayment of any such loan shall be made on the basis of each complete year of service performed by the borrower. (3)  Eligibility The Secretary may repay loans described in paragraph (1) in the case of any person for service performed on active duty as a member in an officer program or military specialty specified by the Secretary. (b)  Amount The portion or amount of a loan that may be repaid under subsection (a) is 3313 percent or $1,500, whichever is greater, for each year of service. (c)  Interest Accrual If a portion of a loan is repaid under this section for any year, interest on the remainder of such loan shall accrue and be paid in the same manner as is otherwise required. (d)  Rule of Construction Nothing in this section shall be construed to authorize refunding any repayment of a loan. (e)  Fractional Credit for Transfer An individual who transfers from service making the individual eligible for repayment of loans under this section (as described in subsection (a)(3)) to service making the individual eligible for repayment of loans under section 16301 of title 10 (f)  Schedule for Allocation The Secretary shall prescribe a schedule for the allocation of funds made available to carry out the provisions of this section and section 16301 of title 10 section 16301(a) of title 10 (g)  Failure to Complete Period of Service Except an individual described in subsection (e) who transfers to service making the individual eligible for repayment of loans under section 16301 of title 10 (h)  Authority to Issue Regulations The Secretary may prescribe procedures for implementing this section, including standards for qualified loans and authorized payees and other terms and conditions for making loan repayments. Such regulations may include exceptions that would allow for the payment as a lump sum of any loan repayment due to a member under a written agreement that existed at the time of a members death or disability. (Added Pub. L. 108293, title II,  218(a) Aug. 9, 2004 118 Stat. 1038 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4750 Pub. L. 117263, div. K, title CXII,  11239(a) Dec. 23, 2022 136 Stat. 4037  Editorial Notes  References in Text The Higher Education Act of 1965, referred to in subsec. (a)(1)(A) to (C), is Pub. L. 89329 Nov. 8, 1965 79 Stat. 1219 section 1001 of Title 20 Amendments 2022 Pub. L. 117263 2021Subsec. (a)(2). Pub. L. 116283 2018 Pub. L. 115282 section 472 of this title  2773. Rations or commutation therefor in money (a) Enlisted members of the Coast Guard, civilian officers and civilian crews of vessels, and working parties in the field shall be allowed a ration or commutation thereof in money, in such amount and under limitations and regulations prescribed by the Secretary. (b) Money for commuted rations shall be paid, under such regulations as the Secretary shall prescribe, on proper vouchers, or pay rolls, to individuals entitled to receive it, or to the officers designated by the Commandant to administer the financial affairs of the messes in which such individuals may be subsisted. (c) Money paid for commuted rations to the designated officer may be deposited in general or limited depositories of public money or in any bank in which deposits are insured. Such funds shall be expended and accounted for under such regulations as the Secretary shall prescribe. (d) Nothing contained in this section shall be construed as modifying or changing in any manner the provisions of law pertaining to subsistence allowances for enlisted members, but no ration or commutation thereof shall be allowed an individual receiving a subsistence allowance. ( Aug. 4, 1949, ch. 393 63 Stat. 532 Pub. L. 98557,  15(a)(3)(B) Oct. 30, 1984 98 Stat. 2865 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4750  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  134, 135 ( Mar. 25, 1940, ch. 71 54 Stat. 64 June 6, 1940, ch. 257,  10 54 Stat. 248 May 31, 1941, ch. 156 55 Stat. 221 Feb. 7, 1942, ch. 46 56 Stat. 71 June 26, 1943, ch. 147,  1 57 Stat. 211 June 22, 1944, ch. 269,  1 58 Stat. 316 May 29, 1945, ch. 130,  1 59 Stat. 216 July 12, 1946, ch. 569,  1 60 Stat. 531 Aug. 2, 1946, ch. 756,  31 60 Stat. 857 July 1, 1947, ch. 186 61 Stat. 226 The provisions of said section 134 are extended to include all persons who might be entitled to receive money for commuted rations, rather than only the officer in charge of the mess. The last proviso of said section 135 is eliminated, because experience during the past 2 years shows that it may react detrimentally on enlisted men in time of rising food costs. Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2021Subsec. (b). Pub. L. 116283,  8505(a)(42)(A) Subsec. (d). Pub. L. 116283,  8505(a)(42)(B) 2018 Pub. L. 115282 section 478 of this title 1984Subsecs. (a), (d). Pub. L. 98557  2774. Sales of ration supplies to messes  Ration supplies may be purchased by the cabin, wardroom, warrant officers, and other authorized messes and payment therefor made in cash to the commissary officer. The prices to be charged for such supplies shall not be less than the invoice prices, and the cash received from such sales shall be accounted for on the ration return and may be expended for the general mess. ( Aug. 4, 1949, ch. 393 63 Stat. 533 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  132 ( Aug. 1, 1914, ch. 223,  1 38 Stat. 620 Editorial Notes Amendments 2018 Pub. L. 115282 section 479 of this title  2775. Flight rations  There may be furnished to officers, enlisted members, and civilian employees, while actually engaged in flight operations, an aircraft flight ration in kind, chargeable to the proper Coast Guard appropriation, which flight ration shall be supplementary to any ration or subsistence allowance now granted to such personnel. No part of an aircraft flight ration shall be furnished without cost to any individual in a travel status or to any individual to whom a per diem allowance is granted in lieu of actual subsistence. ( Aug. 4, 1949, ch. 393 63 Stat. 533 Pub. L. 98557,  15(a)(3)(B) Oct. 30, 1984 98 Stat. 2865 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4750  Historical and Revision Notes Derived from the title 34, U.S.C., 1946 ed.,  909 ( June 5, 1942, ch. 327 56 Stat. 308 Said section is applicable to Navy personnel only. Experience has shown that similar authority should be granted to the Coast Guard; it will operate to the benefit of Navy personnel stopping over at Coast Guard air stations as well as to the benefit of Coast Guard personnel stopping over at Naval air stations. The language of said section is closely paralleled. Said section would in no way be affected. 81st Congress, House Report No. 557. Editorial Notes Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 480 of this title 1984 Pub. L. 98557  2776. Payments at time of discharge for good of service  Enlisted members discharged by dishonorable discharge, bad-conduct discharge, or any other discharge for the good of the service, may, upon discharge, be paid a sum not to exceed $25. The sum paid shall be fixed by and in the discretion of the Commandant, and shall be paid only in cases where the individual so discharged would otherwise be without funds to meet his immediate needs. ( Aug. 4, 1949, ch. 393 63 Stat. 533 Pub. L. 98557,  15(a)(3)(C) Oct. 30, 1984 98 Stat. 2865 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4750  Historical and Revision Notes Derived from title 34, U.S.C., 1946 ed.,  197, and title 14, U.S.C., 1946 ed.,  3a ( Mar. 4, 1925, ch. 536,  10 43 Stat. 1274 Oct. 26, 1942, ch. 623 56 Stat. 987 Said section 197 was made applicable to the Coast Guard by title 14, U.S.C., 1946 ed.,  3a whenever the Coast Guard is operating with the Navy. Experience has shown the advantage of having such a provision applicable to the Coast Guard at all times. Said section would in no way be affected. 81st Congress, House Report No. 557. Editorial Notes Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 481 of this title 1984 Pub. L. 98557  2777. Clothing for destitute shipwrecked individuals  The Coast Guard may furnish clothing and subsistence to destitute shipwrecked individuals, and the Coast Guard may reimburse, in cash or in kind, Coast Guard personnel who furnish clothing and subsistence to destitute shipwrecked individuals. ( Aug. 4, 1949, ch. 393 63 Stat. 534 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4750  Historical and Revision Notes Based on title 33, U.S.C., 1946 ed.,  749 ( July 27, 1912, ch. 255,  2 37 Stat. 239 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 This section was enlarged to provide that the Coast Guard, as well as personnel thereof, may furnish clothing and subsistence to destitute shipwrecked persons. Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 486 of this title  2778. Advancement of public funds to personnel  The Commandant, under regulations prescribed by the Secretary, may advance public funds to personnel when required to meet expenses of members detailed on emergency shore duty. Funds so advanced shall not exceed a reasonable estimate of the actual expenditures to be made and for which reimbursement is authorized by law. ( Aug. 4, 1949, ch. 393 63 Stat. 534 Pub. L. 98557,  15(a)(3)(I) Oct. 30, 1984 98 Stat. 2865 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226  Historical and Revision Notes Derived from title 34, U.S.C., 1946 ed.,  885, and title 14, U.S.C., 1946 ed.,  3a ( May 22, 1928, ch. 688 45 Stat. 712 Oct. 26, 1942, ch. 623 56 Stat. 987 Said section 885 was made applicable to the Coast Guard by title 14, U.S.C., 1946 ed.,  3a whenever the Coast Guard is operating with the Navy. Experience has shown the advantage of having such a provision applicable to the Coast Guard at all times. Said section would in no way be affected. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 488 of this title 1984 Pub. L. 98557  2779. Transportation to and from certain places of employment (a) Whenever the Secretary determines that it is necessary for the effective conduct of the affairs of the Coast Guard, he may, at reasonable rates of fare fixed under regulations to be prescribed by him, provide assured and adequate transportation by motor vehicle or water carrier to and from their places of employment for individuals attached to, or employed by, the Coast Guard; and during a war or during a national emergency declared by Congress or the President, for individuals attached to, or employed in, a private plant that is manufacturing material for the Coast Guard. (b) Transportation may not be provided under subsection (a) unless the Secretary or an officer designated by the Secretary, determines that (1) other transportation facilities are inadequate and cannot be made adequate; (2) a reasonable effort has been made to induce operators of private facilities to provide the necessary transportation; and (3) the service to be furnished will make proper use of transportation facilities and will supply the most efficient transportation to the individuals concerned. (c) To provide transportation under subsection (a), the Secretary may (1) buy, lease, or charter motor vehicles or water carriers having a seating capacity of 12 or more passengers; (2) maintain and operate that equipment by enlisted members or employees of the Coast Guard, or by private individuals under contract; and (3) lease or charter the equipment to private or public carriers for operation under terms that are considered necessary by the Secretary or by an officer designated by the Secretary, and that may provide for the pooling of government-owned and privately owned equipment and facilities and for the reciprocal use of that equipment. (d) Fares received under subsection (a), and proceeds of the leasing or chartering of equipment under subsection (c)(3), shall be covered into the Treasury as miscellaneous receipts. (Added Pub. L. 96376,  10(a) Oct. 3, 1980 94 Stat. 1510 Pub. L. 99145, title XVI,  1623 Nov. 8, 1985 99 Stat. 778 Pub. L. 99550,  2(e) Oct. 27, 1986 100 Stat. 3070 Pub. L. 115282, title I,  116(b) Dec. 4, 2018 132 Stat. 4226 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4750  Editorial Notes Amendments 2021Subsecs. (a), (b)(3), (c)(2). Pub. L. 116283 2018 Pub. L. 115282 section 660 of this title 1986Subsec. (e). Pub. L. 99550 section 1344 of Title 31 1985Subsec. (e). Pub. L. 99145 Statutory Notes and Related Subsidiaries Effective Date of 1985 Amendment Pub. L. 99145, title XVI,  1623 Nov. 8, 1985 99 Stat. 778 Oct. 1, 1985 CHAPTER 29 COAST GUARD FAMILY SUPPORT, CHILD CARE, AND HOUSING    SUBCHAPTER ICOAST GUARD FAMILIES  Sec.  2901. Work-life policies and programs.  2902. Surveys of Coast Guard families.  2903. Reimbursement for adoption expenses.  2904. Education and training opportunities for Coast Guard spouses.  2905. Youth sponsorship initiatives.  2906. Dependent school children.  SUBCHAPTER IICOAST GUARD CHILD CARE  2921. Definitions.  2922. Child development services.  2923. Child development center standards and inspections.  2924. Child development center employees.  2925. Parent partnerships with child development centers.  2926. Family child care providers.  2927. Child care subsidy program.  SUBCHAPTER IIIHOUSING  2941. Definitions.  2942. General authority.  2943. Leasing and hiring of quarters; rental of inadequate housing.  2944. Retired service members and dependents serving on advisory committees.  2945. Conveyance of real property.  2946. Coast Guard Housing Fund.  2947. Reports.  Editorial Notes Prior Provisions A prior analysis for chapter 29 REPORTS consisted of items 2901 Transmission of annual Coast Guard authorization request, 2902 Capital investment plan, 2903 Major acquisitions, 2904 Manpower requirements plan, 2905 Annual performance report, and 2906 Major acquisition program risk assessment, prior to repeal by Pub. L. 115282, title I,  117(a) Dec. 4, 2018 132 Stat. 4229 Amendments 2022 Pub. L. 117263, div. K, title CXIV,  11401(c)(1)(B) Dec. 23, 2022 136 Stat. 4108 2021 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4665 2018 Pub. L. 115282, title I,  117(a) Dec. 4, 2018 132 Stat. 4230 SUBCHAPTER I COAST GUARD FAMILIES  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  117(c)(1) Dec. 4, 2018 132 Stat. 4231  2901. Work-life policies and programs The Commandant is authorized (1) to establish an office for the purpose of developing, promulgating, and coordinating policies, programs, and activities related to the families of Coast Guard members; (2) to implement and oversee policies, programs, and activities described in paragraph (1) as the Commandant considers necessary; and (3) to perform such other duties as the Commandant considers necessary. (Added Pub. L. 113281, title II,  214(a) Dec. 18, 2014 128 Stat. 3029 Pub. L. 115282, title I,  117(b) Dec. 4, 2018 132 Stat. 4230  Editorial Notes Prior Provisions A prior section 2901 was renumbered section 5101 of this title Amendments 2018 Pub. L. 115282 section 531 of this title  2902. Surveys of Coast Guard families (a)  Authority The Commandant, in order to determine the effectiveness of Federal policies, programs, and activities related to the families of Coast Guard members, may survey (1) any Coast Guard member; (2) any retired Coast Guard member; (3) the immediate family of any Coast Guard member or retired Coast Guard member; and (4) any survivor of a deceased Coast Guard member. (b)  Voluntary Participation Participation in any survey conducted under subsection (a) shall be voluntary. (c)  Federal Recordkeeping Each individual surveyed under subsection (a) shall be considered an employee of the United States for purposes of section 3502(3)(A)(i) of title 44 (Added Pub. L. 113281, title II,  214(a) Dec. 18, 2014 128 Stat. 3029 Pub. L. 115282, title I,  117(b) Dec. 4, 2018 132 Stat. 4230 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4750  Editorial Notes Prior Provisions A prior section 2902 was renumbered section 5102 of this title Amendments 2021Subsec. (c). Pub. L. 116283 2018 Pub. L. 115282 section 532 of this title  2903. Reimbursement for adoption expenses (a)  Authorization To Reimburse The Secretary shall carry out a program under which a member of the Coast Guard may be reimbursed, as provided in this section, for qualifying adoption expenses incurred by the member in the adoption of a child under 18 years of age. (b)  Adoptions Covered An adoption for which expenses may be reimbursed under this section includes an adoption by a single individual, an infant adoption, an intercountry adoption, and an adoption of a child with special needs (as defined in section 473(c) of the Social Security Act ( 42 U.S.C. 673(c) (c)  Benefits Paid After Adoption Is Final Benefits paid under this section in the case of an adoption may be paid only after the adoption is final. (d)  Treatment of Other Benefits A benefit may not be paid under this section for any expense paid to or for a member of the Coast Guard under any other adoption benefits program administered by the Federal Government or under any such program administered by a State or local government. (e)  Limitations (1) Not more than $2,000 may be paid under this section to a member of the Coast Guard, or to two such members who are spouses of each other, for expenses incurred in the adoption of a child. (2) Not more than $5,000 may be paid under this section to a member of the Coast Guard, or to two such members who are spouses of each other, for adoptions by such member (or members) in any calendar year. (f)  Regulations The Secretary shall prescribe regulations to carry out this section. (g)  Definitions In this section: (1) The term qualifying adoption expenses means reasonable and necessary expenses that are directly related to the legal adoption of a child under 18 years of age, but only if such adoption is arranged by a qualified adoption agency. Such term does not include any expense incurred (A) by an adopting parent for travel; or (B) in connection with an adoption arranged in violation of Federal, State, or local law. (2) The term reasonable and necessary expenses includes (A) public and private agency fees, including adoption fees charged by an agency in a foreign country; (B) placement fees, including fees charged adoptive parents for counseling; (C) legal fees (including court costs) in connection with services that are unavailable to a member of the Coast Guard under section 1044 or 1044a of title 10; and (D) medical expenses, including hospital expenses of the biological mother of the child to be adopted and of a newborn infant to be adopted. (3) The term qualified adoption agency means any of the following: (A) A State or local government agency which has responsibility under State or local law for child placement through adoption. (B) A nonprofit, voluntary adoption agency which is authorized by State or local law to place children for adoption. (C) Any other source authorized by a State to provide adoption placement if the adoption is supervised by a court under State or local law. (Added Pub. L. 102190, div. A, title VI,  651(b)(1) Dec. 5, 1991 105 Stat. 1386 Pub. L. 102484, div. A, title X,  1054(g) Oct. 23, 1992 106 Stat. 2503 Pub. L. 104201, div. A, title VI,  652(b) Sept. 23, 1996 110 Stat. 2582 Pub. L. 113281, title II,  214(b)(1)(A) Dec. 18, 2014 128 Stat. 3033 Pub. L. 115282, title I,  117(b) Dec. 4, 2018 132 Stat. 4230 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4750  Editorial Notes Prior Provisions A prior section 2903 was renumbered section 5103 of this title Amendments 2021Subsec. (b). Pub. L. 116283 2018 Pub. L. 115282 section 541 of this title 2014 Pub. L. 113281 section 514 of this title 1996Subsec. (g)(1). Pub. L. 104201,  652(b)(1) Subsec. (g)(3). Pub. L. 104201,  652(b)(2) 1992Subsec. (b). Pub. L. 102484 Statutory Notes and Related Subsidiaries Effective Date Section effective Dec. 5, 1991 section 651(c) of Pub. L. 102190 section 1052 of Title 10 Reimbursement for Adoptions Completed During Interim Between Test and Permanent Program For provisions relating to reimbursement for adoption expenses and time period for application, see section 652 of Pub. L. 102484 section 1052 of Title 10  2904. Education and training opportunities for Coast Guard spouses (a)  Tuition Assistance The Commandant may provide, subject to the availability of appropriations, tuition assistance to an eligible spouse to facilitate the acquisition of (1) education and training required for a degree or credential at an accredited college, university, or technical school in the United States that expands employment and portable career opportunities for the spouse; or (2) education prerequisites and a professional license or credential required, by a government or government-sanctioned licensing body, for an occupation that expands employment and portable career opportunities for the spouse. (b)  Definitions In this section, the following definitions apply: (1)  Eligible spouse. (A)  In general The term eligible spouse means the spouse of a member of the Coast Guard who is serving on active duty and includes a spouse who receives transitional compensation under section 1059 of title 10 (B)  Exclusion The term eligible spouse does not include an individual who (i) is married to, but legally separated from, a member of the Coast Guard under a court order or statute of any State or territorial possession of the United States; or (ii) is eligible for tuition assistance as a member of the Armed Forces. (2)  Portable career The term portable career includes an occupation that requires education, training, or both that results in a credential that is recognized by an industry, profession, or specific type of business. (Added Pub. L. 113281, title II,  214(a) Dec. 18, 2014 128 Stat. 3030 Pub. L. 115282, title I,  117(b) Dec. 4, 2018 132 Stat. 4230 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4750  Editorial Notes Prior Provisions A prior section 2904 was renumbered section 5104 of this title Amendments 2021Subsec. (b)(1)(B). Pub. L. 116283 2018 Pub. L. 115282 section 542 of this title Statutory Notes and Related Subsidiaries Second Expansion of the My Career Advancement Account Program for Military Spouses Pub. L. 11692, div. A, title V,  580G Dec. 20, 2019 133 Stat. 1410 The spouse of a member of the Coast Guard may participate in the My Career Advancement Account program of the Department of Defense if the Coast Guard reimburses the Department of Defense.  2905. Youth sponsorship initiatives (a)  In General The Commandant is authorized to establish, within any Coast Guard unit, an initiative to help integrate into new surroundings the dependent children of members of the Coast Guard who received permanent change of station orders. (b)  Description of Initiative An initiative established under subsection (a) shall (1) provide for the involvement of a dependent child of a member of the Coast Guard in the dependent childs new Coast Guard community; and (2) primarily focus on preteen and teenaged children. (c)  Authority In carrying out an initiative under subsection (a), the Commandant may (1) provide to a dependent child of a member of the Coast Guard information on youth programs and activities available in the dependent childs new Coast Guard community; and (2) enter into agreements with nonprofit entities to provide youth programs and activities to such child. (Added Pub. L. 113281, title II,  214(a) Dec. 18, 2014 128 Stat. 3030 Pub. L. 115282, title I,  117(b) Dec. 4, 2018 132 Stat. 4230  Editorial Notes Prior Provisions A prior section 2905 was renumbered section 5106 of this title Amendments 2018 Pub. L. 115282 section 543 of this title  2906. Dependent school children (a) The Secretary may provide, out of funds appropriated to or for the use of the Coast Guard, for the primary and secondary schooling of dependents of Coast Guard personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of those dependents. (b) Whenever the Secretary, under such regulations as he may prescribe, determines that schools located in the same area in which a Coast Guard facility is located are not accessible by public means of transportation on a regular basis, he may provide, out of funds appropriated to or for the use of the Coast Guard, for the transportation of dependents of Coast Guard personnel between the schools serving the area and the Coast Guard facility. (Added Pub. L. 91278,  1(14) June 12, 1970 84 Stat. 306 Pub. L. 93430,  5 Oct. 1, 1974 88 Stat. 1182 Pub. L. 113281, title II,  214(b)(1)(C) Dec. 18, 2014 128 Stat. 3033 Pub. L. 115282, title I,  117(b) Dec. 4, 2018 132 Stat. 4230  Editorial Notes Prior Provisions A prior section 2906 was renumbered section 5107 of this title Amendments 2018 Pub. L. 115282 section 544 of this title 2014 Pub. L. 113281 section 657 of this title September 30, 1950 20 U.S.C. 236244 1974 Pub. L. 93430 SUBCHAPTER II COAST GUARD CHILD CARE  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  117(c)(2) Dec. 4, 2018 132 Stat. 4231  2921. Definitions In this subchapter, the following definitions apply: (1)  Child abuse and neglect The term child abuse and neglect has the meaning given that term in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 (2)  Child development center employee The term child development center employee means a civilian employee of the Coast Guard who is employed to work in a Coast Guard child development center without regard to whether the employee is paid from appropriated or nonappropriated funds. (3)  Coast guard child development center The term Coast Guard child development center means a facility on Coast Guard property or on property under the jurisdiction of the commander of a Coast Guard unit at which child care services are provided for members of the Coast Guard. (4)  Competitive service position The term competitive service position means a position in the competitive service (as defined in section 2102 of title 5 (5)  Family home daycare The term family home daycare means home-based child care services provided for a member of the Coast Guard by an individual who (A) is certified by the Commandant as qualified to provide home-based child care services; and (B) provides home-based child care services on a regular basis in exchange for monetary compensation. (Added Pub. L. 113281, title II,  214(a) Dec. 18, 2014 128 Stat. 3031 Pub. L. 115282, title I,  117(b) Dec. 4, 2018 132 Stat. 4230  Editorial Notes  References in Text Section 3 of the Child Abuse Prevention and Treatment Act, referred to in par. (1), is section 3 of Pub. L. 93247 section 5101 of Title 42 Amendments 2018 Pub. L. 115282 section 551 of this title  2922. Child development services (a) (1) The Commandant may make child development services available, in such priority as the Commandant considers to be appropriate and consistent with readiness and resources and in the best interests of dependents of members and civilian employees of the Coast Guard, for (A) members and civilian employees of the Coast Guard; (B) surviving dependents of service members who have died on active duty, if such dependents were beneficiaries of a Coast Guard child development service at the time of the death of such members; (C) members of the armed forces (as defined in section 101(a) of title 10 (D) Federal civilian employees. (2) Child development service benefits provided under the authority of this section shall be in addition to benefits provided under other laws. (b) (1) The Commandant is authorized to use appropriated funds available to the Coast Guard to provide child development services. (2) (A) The Commandant is authorized to establish, by regulations, fees to be charged parents for the attendance of children at Coast Guard child development centers. (B) Fees to be charged, pursuant to subparagraph (A), shall be based on family income and whether a family is participating in an initiative established under section 2925(b), except that the Commandant may, on a case-by-base basis, establish fees at lower rates if such rates would not be competitive with rates at local child development centers. (C) The Commandant is authorized to collect and expend fees, established pursuant to this subparagraph, and such fees shall, without further appropriation, remain available until expended for the purpose of providing services, including the compensation of employees and the purchase of consumable and disposable items, at Coast Guard child development centers. (D) In the case of an active duty member with two or more children attending a Coast Guard child development center, the Commandant may modify the fees to be charged for attendance for the second and any subsequent child of such member by an amount that is 15 percent less than the amount of the fee otherwise chargeable for the attendance of the first such child enrolled at the center, or another fee as the Commandant determines appropriate, consistent with multiple children. (3) The Commandant is authorized to use appropriated funds available to the Coast Guard to provide assistance to family home daycare providers so that family home daycare services can be provided to uniformed service members and civilian employees of the Coast Guard at a cost comparable to the cost of services provided by Coast Guard child development centers. (4) To the maximum extent practicable, the Commandant shall ensure that, in a location in which Coast Guard family child care centers (as such term is defined in section 8239 of the Elijah E. Cummings Coast Guard Authorization Act of 2020) are necessary to meet the demand for child care for qualified families (as such term is defined in such section), not fewer than two housing units are maintained in accordance with safety inspection standards so as to accommodate family child care providers. (c) The Secretary shall promulgate regulations to implement this section. The regulations shall establish fees to be charged for child development services provided under this section which take into consideration total family income. (Added Pub. L. 104324, title II,  201(a) Oct. 19, 1996 110 Stat. 3906 Pub. L. 111281, title II,  222 Oct. 15, 2010 124 Stat. 2920 Pub. L. 113281, title II,  214(b)(1)(B) Dec. 18, 2014 128 Stat. 3033 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4230 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4664 Pub. L. 117263, div. K, title CXIV Dec. 23, 2022 136 Stat. 4106  Editorial Notes  References in Text Section 8239 of the Elijah E. Cummings Coast Guard Authorization Act of 2020, referred to in subsec. (b)(4), is section 8239 of title LVXXXII [LXXXII] of div. G of Pub. L. 116283 Jan. 1, 2021 134 Stat. 4665 Amendments 2022Subsec. (a). Pub. L. 117263,  11402 Subsec. (b)(2)(D). Pub. L. 117263,  11401(a) 2021Subsec. (b)(4). Pub. L. 116283 2018 Pub. L. 115282,  117(b) section 552 of this title Subsec. (b)(2)(B). Pub. L. 115282,  123(b)(2) 2014 Pub. L. 113281,  214(b)(1)(B)(i) section 515 of this title Subsec. (b)(2)(B). Pub. L. 113281,  214(b)(1)(B)(ii)(I) Subsecs. (c), (d). Pub. L. 113281,  214(b)(1)(B)(ii)(II) Subsec. (e). Pub. L. 113281,  214(b)(1)(B)(ii)(II) section 616 of the Act of December 22, 1987 40 U.S.C. 490b 2010Subsec. (b). Pub. L. 111281,  222(1) Subsecs. (d) to (g). Pub. L. 111281,  222(2) (d) Of the amounts available to the Coast Guard each fiscal year for operating expenses (and in addition to amounts received as fees), the Secretary may use for child development services under this section an amount not to exceed the total amount the Commandant estimates will be received by the Coast Guard in the fiscal year as fees for the provision of those services. (e) The Commandant may use appropriated funds available to the Coast Guard to provide assistance to family home day care providers so that family home day care services can be provided to uniformed service members and civilian employees of the Coast Guard at a cost comparable to the cost of services provided by Coast Guard child development centers. Statutory Notes and Related Subsidiaries Review of Family Support Services Website and Online Tracking System Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4661  (a)  Memorandum of Understanding. (1)  In general The Commandant [of the Coast Guard] shall enter into a memorandum of understanding with the Secretary of Defense to enable qualified families to access the website at https://militarychildcare.com (or a successor website) for purposes of Coast Guard family access to information with respect to State-accredited child development centers and other child care support services as such services become available from the Department of Defense through such website. The memorandum shall provide for the expansion of the geographical areas covered by such website, including regions in which qualified families live that are not yet covered by the program. (2)  Inclusion of child development centers accessible under pilot program The information accessible pursuant to the memorandum of understanding required by paragraph (1) shall include information with respect to any child development center accessible pursuant to the pilot program under section 8234 [of Pub. L. 116283 (3)  Electronic registration, payment, and tracking system Not later than 1 year after the date of the enactment of this Act [ Jan. 1, 2021 (A) Register children for a Coast Guard child development center. (B) Make online child care payments to a Coast Guard child development center. (C) Track the status of a child on the wait list of a Coast Guard child development center, including the placement and position of the child on the wait list. (b)  Wait List. (1)  In general The Commandant shall maintain a record of the wait list for each Coast Guard child development center. (2)  Matters to be included Each record under paragraph (1) shall include the following: (A) The total number of children of qualified families on the wait list. (B) With respect to each child on the wait list (i) the age of the child; (ii) the number of days the child has been on the wait list; (iii) the position of the child on the wait list; (iv) any special needs consideration; and (v) information on whether a sibling of the child is on the wait list of, or currently enrolled in, the Coast Guard child development center concerned. (3)  Requirement to archive Information placed in the record of a Coast Guard child development center under paragraph (1) shall be archived for a period of not less than 10 years after the date of its placement in the record. [For definitions of Coast Guard child development center and qualified family used in section 8232 of Pub. L. 116283 section 8239 of Pub. L. 116283 Study and Survey on Coast Guard Child Care Needs Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4662  (a)  Study. (1)  In general Not later than 1 year after the date of the enactment of this Act [ Jan. 1, 2021 (A) the results of the survey under subsection (b); and (B) any other information the Commandant considers appropriate to ensure adequate tracking and future needs-based assessments with respect to adequate access to Coast Guard child development centers. (2)  Consultation In conducting a study under paragraph (1), the Commandant may consult a federally funded research and development center. (3)  Scope of data The data obtained through each study under paragraph (1) shall be obtained on a regional basis, including by Coast Guard unit, sector, and district. (b)  Survey. (1)  In general Together with each study under subsection (a), and annually as the Commandant considers appropriate, the Commandant shall carry out a survey of individuals described in paragraph (2) on access to Coast Guard child development centers. (2)  Participants. (A)  In general The Commandant shall seek the participation in the survey of the following Coast Guard individuals: (i) Commanding officers, regardless of whether the commanding officers have children. (ii) Regular and reserve personnel. (iii) Spouses of individuals described in clauses (i) and (ii). (B)  Scope of participation Individuals described in clauses (i) through (iii) of subparagraph (A) shall be surveyed regardless of whether such individuals use or have access to Coast Guard child development centers or other Federal child care facilities. (C)  Voluntary participation Participation of any individual described in subparagraph (A) in a survey shall be on a voluntary basis. (c)  Availability On request, 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 results of any study or survey under this section. [For definitions of Coast Guard child development center and qualified family used in section 8233 of Pub. L. 116283 section 8239 of Pub. L. 116283 Pilot Program To Expand Access to Child Care Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4663  (a)  In General Commencing not later than 60 days after the date on which the report under section 8231 [of Pub. L. 116283 134 Stat. 4659 (b)  Duration The duration of the pilot program under subsection (a) shall be not more than 3 years beginning on the date on which the pilot program is established. (c)  Discharge on District Basis The Commandant (1) may carry out the pilot program on a district basis; and (2) shall include in the pilot program remote and urban locations. (d)  Reservation of Child Care Slots As part of the pilot program, the Commandant shall seek to enter into one or more memoranda of understanding with one or more child development centers to reserve slots for qualified families in locations in which (1) the Coast Guard lacks a Coast Guard child development center; or (2) the wait lists for the nearest Coast Guard child development center or Department of Defense child development center, where applicable, indicate that qualified families may not be accommodated. (e)  Annual Assessment of Results As part of any study conducted pursuant to section 8233(a) [of Pub. L. 116283 [For definitions of Coast Guard child development center and qualified family used in section 8234 of Pub. L. 116283 section 8239 of Pub. L. 116283 Expanding Opportunities for Family Child Care Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4665  Not later than 1 year after the date of the enactment of this Act [ Jan. 1, 2021 (1) establish a procedure to allow Coast Guard family child care centers to occur at off-base housing, including off-base housing owned or subsidized by the Coast Guard; and (2) establish a procedure to ensure that all requirements with respect to such family child care programs are met, including home inspections. [For definition of Coast Guard family child care center used in section 8238 of Pub. L. 116283 section 8239 of Pub. L. 116283 Use of Coast Guard and Military Child Development Centers Pub. L. 108293, title II,  225 Aug. 9, 2004 118 Stat. 1040 The Secretary of Defense and the Secretary of the department in which the Coast Guard is operating, when operating other than as a service in the Navy, may agree to provide child care services to members of the armed forces, with reimbursement, in Coast Guard and military child development centers supported in whole or in part with appropriated funds. For purposes of military child development centers operated under the authority of subchapter II of chapter 88 of title 10, United States Code, the child of a member of the Coast Guard shall be considered the same as the child of a member of any of the other armed forces.  Definitions Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4665  In this subtitle [subtitle C (82318239) of title LVXXXII [LXXXII] of div. G of Pub. L. 116283 section 2926 of this title section 2923 of this title (1)  Coast guard child development center The term Coast Guard child development center has the meaning given that term in section 2921(3) of title 14 (2)  Coast guard family child care center The term Coast Guard family child care center means a location at which family home daycare is provided. (3)  Family child care provider The term family child care provider means an individual who provides family home daycare. (4)  Family home daycare The term family home daycare has the meaning given that term in section 2921(5) of title 14 (5)  Qualified family The term qualified family means any regular, reserve, or retired member of the Coast Guard, and any civilian employee of the Coast Guard, with one or more dependents.  2923. Child development center standards and inspections (a)  Standards The Commandant shall require each Coast Guard child development center to meet standards of operation (1) that the Commandant considers appropriate to ensure the health, safety, and welfare of the children and employees at the center; and (2) necessary for accreditation by an appropriate national early childhood programs accrediting entity. (b)  Inspections. (1)  In general Not less than twice annually, the Commandant shall ensure that each Coast Guard child development center is subject to an unannounced inspection. (2)  Responsibility for inspections Of the biannual inspections under paragraph (1) (A) 1 shall be carried out by a representative of the Coast Guard installation served by the Coast Guard child development center concerned; and (B) 1 shall be carried out by a representative of the Coast Guard child development services work-life programs. (c)  National Reporting. (1)  In general The Commandant shall maintain and publicize a means by which an individual can report, with respect to a Coast Guard child development center or a family home daycare (A) any suspected violation of (i) standards established under subsection (a); or (ii) any other applicable law or standard; (B) suspected child abuse or neglect; or (C) any other deficiency. (2)  Anonymous reporting The Commandant shall ensure that an individual making a report pursuant to paragraph (1) may do so anonymously if so desired by the individual. (3)  Procedures The Commandant shall establish procedures for investigating reports made pursuant to paragraph (1). (Added Pub. L. 113281, title II,  214(a) Dec. 18, 2014 128 Stat. 3031 Pub. L. 115282, title I,  117(b) Dec. 4, 2018 132 Stat. 4230 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4664 Pub. L. 117263, div. K, title CXIV,  11401(b) Dec. 23, 2022 136 Stat. 4106  Editorial Notes Amendments 2022Subsec. (a). Pub. L. 117263 2021Subsec. (b). Pub. L. 116283 2018 Pub. L. 115282 section 553 of this title  2924. Child development center employees (a)  Training. (1)  In general The Commandant shall establish a training program for Coast Guard child development center employees and satisfactory completion of the training program shall be a condition of employment for each employee of a Coast Guard child development center. (2)  Timing for new hires The Commandant shall require each employee of a Coast Guard child development center to complete the training program established under paragraph (1) not later than 6 months after the date on which the employee is hired. (3)  Minimum requirements The training program established under paragraph (1) shall include, at a minimum, instruction with respect to (A) early childhood development; (B) activities and disciplinary techniques appropriate to children of different ages; (C) child abuse and neglect prevention and detection; and (D) cardiopulmonary resuscitation and other emergency medical procedures. (4)  Use of department of defense programs The Commandant may use Department of Defense training programs, on a reimbursable or nonreimbursable basis, for purposes of this subsection. (b)  Training and Curriculum Specialists. (1)  Specialist required The Commandant shall require that at least 1 employee at each Coast Guard child development center be a specialist in training and curriculum development with appropriate credentials and experience. (2)  Duties The duties of the specialist described in paragraph (1) shall include (A) special teaching activities; (B) daily oversight and instruction of other child care employees; (C) daily assistance in the preparation of lesson plans; (D) assisting with child abuse and neglect prevention and detection; and (E) advising the director of the center on the performance of the other child care employees. (3)  Competitive service Each specialist described in paragraph (1) shall be an employee in a competitive service position. (Added Pub. L. 113281, title II,  214(a) Dec. 18, 2014 128 Stat. 3032 Pub. L. 115282, title I,  117(b) Dec. 4, 2018 132 Stat. 4230  Editorial Notes Amendments 2018 Pub. L. 115282 section 554 of this title  2925. Parent partnerships with child development centers (a)  Parent Boards. (1)  Formation The Commandant shall require that there be formed at each Coast Guard child development center a board of parents, to be composed of parents of children attending the center. (2)  Functions Each board of parents formed under paragraph (1) shall (A) meet periodically with the staff of the center at which the board is formed and the commander of the unit served by the center, for the purpose of discussing problems and concerns; and (B) be responsible, together with the staff of the center, for coordinating any parent participation initiative established under subsection (b). (3)  Chapter of title Chapter 10 of title 5 does not apply to a board of parents formed under paragraph (1). (b)  Parent Participation Initiative The Commandant is authorized to establish a parent participation initiative at each Coast Guard child development center to encourage and facilitate parent participation in educational and related activities at the center. (Added Pub. L. 113281, title II,  214(a) Dec. 18, 2014 128 Stat. 3032 Pub. L. 115282, title I,  117(b) Dec. 4, 2018 132 Stat. 4230 Pub. L. 117286,  4(a)(60) Dec. 27, 2022 136 Stat. 4312  Editorial Notes Amendments 2022Subsec. (a)(3). Pub. L. 117286 2018 Pub. L. 115282 section 555 of this title  2926. Family child care providers (a)  In General Not less frequently than quarterly, the Commandant shall ensure that each family child care provider is subject to inspection. (b)  Responsibility for Inspections Of the quarterly inspections under subsection (a) each year (1) 3 inspections shall be carried out by a representative of the Coast Guard installation served by the family child care provider concerned; and (2) 1 inspection shall be carried out by a representative of the Coast Guard child development services work-life programs. (Added Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4665  2927. Child care subsidy program (a)  In General. (1)  Authority The Commandant may operate a child care subsidy program to provide financial assistance to eligible providers that provide child care services or youth program services to members of the Coast Guard, members of the Coast Guard with dependents who are participating in the child care subsidy program, and any other individual the Commandant considers appropriate, if (A) providing such financial assistance (i) is in the best interests of the Coast Guard; and (ii) enables supplementation or expansion of the provision of Coast Guard child care services, while not supplanting or replacing Coast Guard child care services; and (B) the Commandant ensures, to the extent practicable, that the eligible provider is able to comply, and does comply, with the regulations, policies, and standards applicable to Coast Guard child care services. (2)  Eligible providers A provider of child care services or youth program services is eligible for financial assistance under this section if the provider (A) is licensed to provide such services under applicable State and local law or meets all applicable State and local health and safety requirements if licensure is not required; (B) is either (i) is 1 1 (ii) is 1 (I) otherwise provides federally funded or federally sponsored child development services; (II) provides such services in a child development center owned and operated by a private, not-for-profit organization; (III) provides a before-school or after-school child care program in a public school facility; (IV) conducts an otherwise federally funded or federally sponsored school-age child care or youth services program; or (V) conducts a school-age child care or youth services program operated by a not-for-profit organization; or (C) is a provider of another category of child care services or youth program services the Commandant considers appropriate for meeting the needs of members or civilian employees of the Coast Guard. (3)  Financial assistance for in-home child care. (A)  In general The Commandant may provide financial assistance to members of the Coast Guard who pay for services provided by in-home child care providers. (B)  Requirements In carrying out such program, the Commandant shall establish a policy and procedures to (i) support the needs of families who request services provided by in-home childcare providers; (ii) provide the appropriate amount of financial assistance to provide to families described in paragraph, that is at minimum consistent with the program authorized in subsection (a)(1); and (iii) ensure the appropriate qualifications for such in-home child care provider, which shall at minimum (I) take into consideration qualifications for available in-home child care providers in the private sector; and (II) ensure that the qualifications the Commandant determines appropriate under this paragraph are comparable to the qualifications for a provider of child care services in a Coast Guard child development center or family home day care. (b)  Direct Payment. (1)  In general In carrying out a child care subsidy program under subsection (a)(1), subject to paragraph (3), the Commandant shall provide financial assistance under the program to an eligible member or individual the Commandant considers appropriate by direct payment to such eligible member or individual through monthly pay, direct deposit, or other direct form of payment. (2)  Policy Not later than 180 days after the date of the enactment of this section, the Commandant shall establish a policy to provide direct payment as described in paragraph (1). (3)  Eligible provider funding continuation With the approval of an eligible member or an individual the Commandant considers appropriate, which shall include the written consent of such member or individual, the Commandant may continue to provide financial assistance under the child care subsidy program directly to an eligible provider on behalf of such member or individual. (4)  Rule of construction Nothing in this subsection may be construed to affect any preexisting reimbursement arrangement between the Coast Guard and a qualified provider. (Added Pub. L. 117263, div. K, title CXIV,  11401(c)(1)(A) Dec. 23, 2022 136 Stat. 4106  Editorial Notes  References in Text The date of the enactment of this section, referred to in subsec. (b)(2), is the date of enactment of Pub. L. 117263 Dec. 23, 2022 Statutory Notes and Related Subsidiaries Expansion of Child Care Subsidy Program Pub. L. 117263, div. K, title CXIV,  11401(c)(2) Dec. 23, 2022 136 Stat. 4108  (A)  In general The Commandant [of the Coast Guard] shall (i) evaluate potential eligible uses for the child care subsidy program established under section 2927 of title 14 (ii) expand the eligible uses of funds for the program to accommodate the child care needs of members of the Coast Guard (including such members with nonstandard work hours and surge or other deployment cycles), including in-home care as described in section 2927(a)(3) of title 14 (iii) streamline enrollment policies, practices, paperwork, and requirements for eligible child care providers to reduce barriers for members to enroll in such providers. (B)  Considerations In evaluating potential eligible uses under subparagraph (A), the Commandant shall consider in-home child care services, care services such as supplemental care for children with disabilities, and any other child care delivery method the Commandant considers appropriate. (C)  Requirements In establishing expanded eligible uses of funds for the program, the Commandant shall ensure that such uses (i) are in the best interests of the Coast Guard; (ii) provide flexibility for members of the Coast Guard, including such members and employees with nonstandard work hours; and (iii) ensure a safe environment for dependents of such members and employees. (D)  Publication Not later than 18 months after the date of the enactment of this Act [ Dec. 23, 2022 (E)  Report. (i)  In general Not later than 18 months after the date of the 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 a report outlining the expansion of the program. (ii)  Elements The report required by clause (i) shall include the following: (I) An analysis of the considerations described in subparagraph (B). (II) A description of the analysis used to identify eligible uses that were evaluated and incorporated into the manual under subparagraph (D). (III) A full analysis and justification with respect to the forms of care that were ultimately not included in the manual. (IV) Any recommendation with respect to funding or additional authorities necessary, including proposals for legislative change, to meet the current and anticipated future child care subsidy demands of the Coast Guard. (V) A description of the steps taken to streamline enrollment policies, practices, and requirements for eligible child care providers in accordance with paragraph (2)(A)(iii). SUBCHAPTER III HOUSING  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  117(c)(3) Dec. 4, 2018 132 Stat. 4232  2941. Definitions In this chapter: (1) The term construct means to build, renovate, or improve military family housing and military unaccompanied housing. (2) The term construction means building, renovating, or improving military family housing and military unaccompanied housing. (3) The term military unaccompanied housing means military housing intended to be occupied by members of the armed forces serving a tour of duty unaccompanied by dependents. (4) The term United States includes the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, and the District of Columbia. (Added Pub. L. 104324, title II,  208(a) Oct. 19, 1996 110 Stat. 3909 Pub. L. 108293, title II,  207(a) Aug. 9, 2004 118 Stat. 1034 Pub. L. 111281, title II,  221(a)(1) Oct. 15, 2010 124 Stat. 2919 Pub. L. 115282, title I,  117(b) Dec. 4, 2018 132 Stat. 4230  Editorial Notes Amendments 2018 Pub. L. 115282 section 680 of this title 2010 Pub. L. 111281 (1) The term construction means the construction of military housing units and ancillary supporting facilities or the improvement or rehabilitation of existing units or ancillary supporting facilities. (2) The term contract includes any contract, lease, or other agreement entered into under the authority of this chapter. (3) The term eligible entity means any private person, corporation, firm, partnership, or company and any State or local government or housing authority of a State or local government. 2004Pars. (3) to (5). Pub. L. 108293 Statutory Notes and Related Subsidiaries Savings Clause Pub. L. 111281, title II,  221(b) Oct. 15, 2010 124 Stat. 2920 This section [amending this section and sections 681, 685, 687, and 688 of this title and repealing sections 682 to 684, 686, 687a, and 689 of this title] shall not affect any action commenced prior to the date of enactment of this Act [ Oct. 15, 2010  2942. General authority (a)  Authority In addition to any other authority providing for the acquisition or construction of military family housing or military unaccompanied housing, the Secretary may acquire or construct the following: (1) Military family housing on or near Coast Guard installations within the United States and its territories and possessions. (2) Military unaccompanied housing on or near such Coast Guard installations. (b)  Limitation on Appropriations No appropriation shall be made to acquire or construct military family housing or military unaccompanied housing under this chapter if that acquisition or construction has not been approved by resolutions adopted by the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (Added Pub. L. 104324, title II,  208(a) Oct. 19, 1996 110 Stat. 3909 Pub. L. 107295, title IV,  402(a) Nov. 25, 2002 116 Stat. 2113 Pub. L. 111281, title II,  221(a)(2) Oct. 15, 2010 124 Stat. 2919 Pub. L. 115282, title I,  117(b) Dec. 4, 2018 132 Stat. 4230  Editorial Notes Amendments 2018 Pub. L. 115282 section 681 of this title 2010Subsec. (a). Pub. L. 111281,  221(a)(2)(A) 15 U.S.C. 637(a) Subsec. (a)(1). Pub. L. 111281,  221(a)(2)(B) Subsec. (a)(2). Pub. L. 111281,  221(a)(2)(C) 2002Subsec. (a). Pub. L. 107295 15 U.S.C. 637(a)  2943. Leasing and hiring of quarters; rental of inadequate housing (a) The Secretary is authorized to lease housing facilities at or near Coast Guard installations, wherever located, for assignment as public quarters to military personnel and their dependents, if any, without rental charge upon a determination by the Secretary, or his designee, that there is a lack of adequate housing facilities at or near such Coast Guard installations. The Secretary is also authorized to lease housing facilities for assignment as public quarters, without rental charge, to military personnel who are on sea duty or duty at remote offshore Coast Guard stations and who do not have dependents. Such authority shall be effective in any fiscal year only to such extent or in such amounts as are provided in appropriation Acts. When any such lease involves housing facilities in a foreign country, the lease may be made on a multiyear basis for a period not to exceed five years, and, in accordance with local custom and practice, advance payment may be made for the lease. Such public housing facilities may be leased on an individual or multiple-unit basis. Expenditures for the rental of such housing facilities may not exceed the average authorized for the Department of Defense in any year except where the Secretary finds that the average is so low as to prevent rental of necessary housing facilities in some areas, in which event he is authorized to reallocate existing funds to high-cost areas so that rental expenditures in such areas exceed the average authorized for the Department of Defense. (b) The Secretary is authorized, subject to regulations approved by the President (1) to designate as rental housing such housing as he may determine to be inadequate as public quarters; and (2) to lease inadequate housing to members of the Coast Guard for occupancy by them and their dependents. (c) Where sufficient quarters are not possessed by the United States, the Commandant may hire quarters for personnel, including personnel on sea duty at such times as they may be deprived of their quarters on board ship due to repairs or other conditions which may render them uninhabitable. Such accommodations shall not be available for occupancy by the dependents of such personnel. ( Aug. 4, 1949, ch. 393 63 Stat. 532 Pub. L. 91278,  1(11) June 12, 1970 84 Stat. 305 Pub. L. 92343,  4 July 10, 1972 86 Stat. 450 Pub. L. 9365,  5 July 9, 1973 87 Stat. 151 Pub. L. 94406,  4 Sept. 10, 1976 90 Stat. 1236 Pub. L. 94478 Oct. 11, 1976 90 Stat. 2077 Pub. L. 94546,  1(30) Oct. 18, 1976 90 Stat. 2521 Pub. L. 96376,  4 Oct. 3, 1980 94 Stat. 1509 Pub. L. 96470, title I,  112(d) Oct. 19, 1980 94 Stat. 2240 Pub. L. 97136,  7 Dec. 29, 1981 95 Stat. 1706 Pub. L. 97295,  2(11) Oct. 12, 1982 96 Stat. 1302 Pub. L. 97322, title I,  106 Oct. 15, 1982 96 Stat. 1582 Pub. L. 100180, div. A, title VI,  632(b)(2) Dec. 4, 1987 101 Stat. 1105 Pub. L. 115282, title I,  117(b) Dec. 4, 2018 132 Stat. 4230  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  133a ( June 19, 1942, ch. 419,  2 56 Stat. 372 hire of quarters for Coast Guard personnel comparable to quarters assignable on a capital ship of the Navy, as authorized by the Secretary to meet emergency conditions, including officers and men on sea duty at such times as they may be deprived of their quarters on board ship due to repairs or other conditions which may render them uninhabitable: Provided June 19, 1948, ch. 558 62 Stat. 562 Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 475 of this title 1987Subsecs. (b) to (d). Pub. L. 100180 1982Subsec. (b). Pub. L. 97295 Subsecs. (e), (f). Pub. L. 97322 Apr. 1, 1973 1981Subsec. (a). Pub. L. 97136 1980Subsec. (a). Pub. L. 96376 Subsec. (e). Pub. L. 96470 1976Subsec. (a). Pub. L. 94546,  1(30)(a) Pub. L. 94478 Subsec. (e). Pub. L. 94546,  1(30)(b) April 1, 1973 Pub. L. 94406,  4(1) June 30, 1976 Subsecs. (f), (g). Pub. L. 94406,  4(1) 1973Subsec. (e). Pub. L. 9365 June 30, 1973 June 30, 1976 1972Subsec. (a). Pub. L. 92343,  4(1) Subsec. (e). Pub. L. 92343,  4(2) June 30, 1973 Subsecs. (f), (g). Pub. L. 92343,  4(3) 1970 Pub. L. 91278 Executive Documents  Ex. Ord. No. 11645. Authority of Secretary of Homeland Security To Prescribe Certain Regulations Relating to Housing Ex. Ord. No. 11645, Feb. 8, 1972 Feb. 28, 2003 By virtue of the authority vested in me by section 301 of title 3 Section Sec  2944. Retired service members and dependents serving on advisory committees A committee that (1) advises or assists the Coast Guard with respect to a function that affects a member of the Coast Guard or a dependent of such a member; and (2) includes in its membership a retired Coast Guard member or a dependent of such a retired member; shall not be considered an advisory committee under chapter 10 of title 5 solely because of such membership. (Added Pub. L. 113281, title II,  218(a) Dec. 18, 2014 128 Stat. 3036 Pub. L. 115282, title I,  117(b) Dec. 4, 2018 132 Stat. 4230 Pub. L. 117286,  4(a)(61) Dec. 27, 2022 136 Stat. 4312  Editorial Notes Amendments 2022 Pub. L. 117286 2018 Pub. L. 115282 section 680 of this title  2945. Conveyance of real property (a)  Conveyance Authorized Notwithstanding any other provision of law, the Secretary may convey, at fair market value, real property, owned or under the administrative control of the Coast Guard, for the purpose of expending the proceeds from such conveyance to acquire and construct military family housing and military unaccompanied housing. (b)  Terms and Conditions. (1) The conveyance of real property under this section shall be by sale, for cash. The Secretary shall deposit the proceeds from the sale in the Coast Guard Housing Fund established under section 2946 of this title (2) The conveyance of real property under this section shall not diminish the mission capacity of the Coast Guard, but further the mission support capability of the Coast Guard with regard to military family housing or military unaccompanied housing. (c)  Relationship to Environmental Law This section does not affect or limit the application of or obligation to comply with any environmental law, including section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) (Added Pub. L. 104324, title II,  208(a) Oct. 19, 1996 110 Stat. 3911 Pub. L. 106400,  2 Oct. 30, 2000 114 Stat. 1675 Pub. L. 107217,  3(c)(4) Aug. 21, 2002 116 Stat. 1299 Pub. L. 111281, title II,  221(a)(4) Oct. 15, 2010 124 Stat. 2919 Pub. L. 111350,  5(c)(4) Jan. 4, 2011 124 Stat. 3847 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4230  Editorial Notes Amendments 2018 Pub. L. 115282,  117(b) section 685 of this title Subsec. (b)(1). Pub. L. 115282,  123(b)(2) 2011Subsec. (c)(1). Pub. L. 111350 41 U.S.C. 251 Pub. L. 111281 2010 Pub. L. 111281 2002Subsec. (c)(1). Pub. L. 107217,  3(c)(4)(A) 41 U.S.C. 251 40 U.S.C. 471 Subsec. (c)(2). Pub. L. 107217,  3(c)(4)(B) Section 1302 of title 40 Section 321 of the Act of June 30, 1932 47 Stat. 412 40 U.S.C. 303b 2000Subsec. (c)(3). Pub. L. 106400  2946. Coast Guard Housing Fund (a)  Establishment There is hereby established on the books of the Treasury an account to be known as the Coast Guard Housing Fund (in this section referred to as the Fund). (b)  Credits to Fund There shall be credited to the Fund the following: (1) Amounts authorized for and appropriated to that Fund. (2) Subject to subsection (e), any amounts that the Secretary transfers, in such amounts as provided in appropriation Acts, to that Fund from amounts authorized and appropriated to the Department of Homeland Security or Coast Guard for the acquisition or construction of military family housing or military unaccompanied housing. (3) Proceeds from the conveyance of property under section 2945 of this title (4) Monies received under section 504(a)(13). (5) Amounts received under section 908(b). (c)  Use of Amounts in Fund (1) In such amounts as provided in appropriations Acts, and except as provided in subsection (d), the Secretary may use amounts in the Coast Guard Housing Fund to carry out activities under this chapter with respect to military family housing and military unaccompanied housing, including (A) the planning, execution, and administration of the conveyance of real property; (B) all necessary expenses, including expenses for environmental compliance and restoration, to prepare real property for conveyance; and (C) the conveyance of real property. (2) Amounts made available under this subsection shall remain available until expended. (d)  Limitation on Obligations The Secretary may not incur an obligation under a contract or other agreements entered into under this chapter in excess of the unobligated balance, at the time the contract is entered into, of the Fund required to be used to satisfy the obligation. (e)  Notification Required for Transfers A transfer of appropriated amounts to the Fund under subsection (b)(2) of this section may be made only after the end of a 30-day period beginning on the date the Secretary submits written notice of, and justification for, the transfer to the appropriate committees of Congress. (Added Pub. L. 104324, title II,  208(a) Oct. 19, 1996 110 Stat. 3912 Pub. L. 107295, title IV,  402(b) Nov. 25, 2002 116 Stat. 2114 Pub. L. 107296, title XVII,  1704(a) Nov. 25, 2002 116 Stat. 2314 Pub. L. 108293, title II,  207(d) Aug. 9, 2004 118 Stat. 1034 Pub. L. 111281, title II,  221(a)(6) Oct. 15, 2010 124 Stat. 2919 Pub. L. 111330,  1(2) Dec. 22, 2010 124 Stat. 3569 Pub. L. 113281, title II,  208(c) Dec. 18, 2014 128 Stat. 3026 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4230  Editorial Notes Amendments 2018 Pub. L. 115282,  117(b) section 687 of this title Subsec. (b)(3). Pub. L. 115282,  123(b)(2) Subsec. (b)(4). Pub. L. 115282,  123(b)(2) Subsec. (b)(5). Pub. L. 115282,  123(b)(2) 2014Subsec. (b)(4), (5). Pub. L. 113281 2010Subsec. (b)(2). Pub. L. 111281,  221(a)(6)(A)(i) Subsec. (b)(3). Pub. L. 111281,  221(a)(6)(A)(ii) Subsec. (b)(4). Pub. L. 111281,  221(a)(6)(A)(iii) section 682 of this title section 684 of this title Subsec. (c)(1). Pub. L. 111281,  221(a)(6)(B) Pub. L. 111330 Subsec. (e). Pub. L. 111281,  221(a)(6)(C) Subsecs. (f), (g). Pub. L. 111281,  221(a)(6)(D) 2004Subsec. (g). Pub. L. 108293,  207(d)(1) Subsec. (g)(1). Pub. L. 108293,  207(2) Subsec. (g)(2). Pub. L. 108293,  207(d)(4) Subsec. (g)(4). Pub. L. 108293,  207(d)(5) 2002Subsec. (b)(2). Pub. L. 107296 Subsec. (f). Pub. L. 107295,  402(b) Subsec. (g). Pub. L. 107295,  402(c) Statutory Notes and Related Subsidiaries Effective Date of 2010 Amendment Pub. L. 111330,  1 Dec. 22, 2010 124 Stat. 3569 Pub. L. 111281 Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Amounts Credited to Coast Guard Housing Fund Pub. L. 11693, div. D, title II,  232 Dec. 20, 2019 133 Stat. 2517 Beginning in fiscal year 2021 and for each fiscal year thereafter, amounts credited to the Coast Guard Housing Fund pursuant to paragraphs (3) through (5) of subsection (b) of section 2946 of title 14  2947. Reports  The Secretary shall prepare and submit to Congress, concurrent with the budget submitted pursuant to section 1105 of title 31 (Added Pub. L. 104324, title II,  208(a) Oct. 19, 1996 110 Stat. 3913 Pub. L. 107296, title XVII,  1704(a) Nov. 25, 2002 116 Stat. 2314 Pub. L. 111281, title II,  221(a)(8) Oct. 15, 2010 124 Stat. 2920 Pub. L. 115282, title I,  117(b) Dec. 4, 2018 132 Stat. 4230  Editorial Notes Amendments 2018 Pub. L. 115282 section 688 of this title 2010 Pub. L. 111281 2002Par. (4). Pub. L. 107296 Statutory Notes and Related Subsidiaries Effective Date of 2002 Amendment Amendment by Pub. L. 107296 section 1704(g) of Pub. L. 107296 section 101 of Title 10 Final Report Pub. L. 104324, title II,  208(b) Oct. 19, 1996 110 Stat. 3913 March 1, 2000 SUBTITLE III COAST GUARD RESERVE AND AUXILIARY    Chap. Sec.  37. Coast Guard Reserve 3701  39. Coast Guard Auxiliary 3901  41. General Provisions for Coast Guard Reserve and Auxiliary 4101   Editorial Notes  Amendments  2018 Pub. L. 115282, title I,  118(a) Dec. 4, 2018 132 Stat. 4232 CHAPTER 37 COAST GUARD RESERVE    SUBCHAPTER IADMINISTRATION  Sec.  3701. Organization.  3702. Authorized strength.  3703. Coast Guard Reserve Boards.  3704. Grades and ratings; military authority.  3705. Benefits.  3706. Temporary members of the Reserve; eligibility and compensation.  3707. Temporary members of the Reserve; disability or death benefits.  3708. Temporary members of the Reserve; certificate of honorable service.  3709. Reserve student aviation pilots; Reserve aviation pilots; appointments in commissioned grade.  3710. Reserve student pre-commissioning assistance program.  3711. Appointment or wartime promotion; retention of grade upon release from active duty.  3712. Exclusiveness of service.  3713. Active duty for emergency augmentation of regular forces.  3714. Enlistment of members engaged in schooling.  SUBCHAPTER IIPERSONNEL  3731. Definitions.  3732. Applicability of this subchapter.  3733. Suspension of this subchapter in time of war or national emergency.  3734. Effect of this subchapter on retirement and retired pay.  3735. Authorized number of officers.  3736. Precedence.  3737. Running mates.  3738. Constructive credit upon initial appointment.  3738a. Direct commissioning authority for individuals with critical skills.  3739. Promotion of Reserve officers on active duty.  3740. Promotion; recommendations of selection boards.  3741. Selection boards; appointment.  3742. Establishment of promotion zones under running mate system.  3743. Eligibility for promotion.  3744. Recommendation for promotion of an officer previously removed from an active status.  3745. Qualifications for promotion.  3746. Promotion; acceptance; oath of office.  3747. Date of rank upon promotion; entitlement to pay.  3748. Type of promotion; temporary.  3749. Effect of removal by the President or failure of consent of the Senate.  3750. Failure of selection for promotion.  3751. Failure of selection and removal from an active status.  3752. Retention boards; removal from an active status to provide a flow of promotion.  3753. Maximum ages for retention in an active status.  3754. Rear admiral and rear admiral (lower half); maximum service in grade.  3755. Appointment of a former Navy or Coast Guard officer.  3756. Grade on entry upon active duty.  3757. Recall of a retired officer; grade upon release.  Editorial Notes Amendments 2021 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4648 section 8205(b) of Pub. L. 116283 section 8205(c) of Pub. L. 116283 2018 Pub. L. 115282, title I,  118(a) Dec. 4, 2018 132 Stat. 4232 SUBCHAPTER I ADMINISTRATION  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  118(c)(1) Dec. 4, 2018 132 Stat. 4236  3701. Organization  The Coast Guard Reserve is a component of the Coast Guard. It shall be organized, administered, trained, and supplied under the direction of the Commandant. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1003 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 751a of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282 section 701 of this title Statutory Notes and Related Subsidiaries Womens Branch of the Coast Guard Reserve Pub. L. 93174,  3 Dec. 5, 1973 87 Stat. 692 Effective upon enactment of this Act [ Dec. 5, 1973  3702. Authorized strength (a) The President shall prescribe the authorized strength of the Coast Guard Reserve if not otherwise prescribed by law. (b) Subject to the authorized strength of the Coast Guard Reserve, the Secretary shall determine, at least annually, the authorized strength in numbers in each grade necessary to provide for mobilization requirements. Without the consent of the member concerned, a member of the Reserve may not be reduced in grade because of the Secretarys determination. (c) The Secretary may vary the authorized end strength of the Coast Guard Selected Reserves for a fiscal year by a number equal to not more than 3 percent of such end strength upon a determination by the Secretary that varying such authorized end strength is in the national interest. (d) The Commandant may increase the authorized end strength of the Coast Guard Selected Reserves by a number equal to not more than 2 percent of such authorized end strength upon a determination by the Commandant that such increase would enhance manning and readiness in essential units or in critical specialties or ratings. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1003 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233 Pub. L. 117263, div. K, title CXII,  11234 Dec. 23, 2022 136 Stat. 4034  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 752a of this title Pub. L. 96322 Amendments 2022Subsecs. (c), (d). Pub. L. 117263 2018 Pub. L. 115282 section 702 of this title Statutory Notes and Related Subsidiaries Coast Guard Reserve Components Transition Initiatives Pub. L. 103160, title V,  564(a) Nov. 30, 1993 107 Stat. 1669  (a)  Applicability of Certain Benefits The Secretary of Transportation shall prescribe such regulations as necessary so as to apply to the members of the Coast Guard Reserve the provisions of subtitle B of title XLIV of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102484 106 Stat. 2712 section 3012 of Title 38 section 12681 of Title 10 (b)  Regulations Regulations prescribed for the purposes of this section shall to the extent practicable be identical to the regulations prescribed by the Secretary of Defense under those provisions. [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 section 542 of Title 6  3703. Coast Guard Reserve Boards (a) The Secretary shall convene a Coast Guard Reserve Policy Board at least annually to consider, recommend, and report to the Secretary on Reserve policy matters. At least one-half of the members of the Board shall be Reserve officers. (b) The Secretary may convene any other Reserve Board the Secretary considers necessary. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1003 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 753a of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282 section 703 of this title  3704. Grades and ratings; military authority  The grades and ratings in the Reserve, including cadets but not grades above rear admiral, are those prescribed by law or regulation for the Coast Guard. A member of the Reserve on active duty or inactive-duty training has the same authority, rights, and privileges in the performance of that duty as a member of the Regular Coast Guard of corresponding grade or rating. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1003 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 754 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282 section 704 of this title  3705. Benefits (a) A member of the Reserve on active duty, on inactive-duty training, or engaged in authorized travel to or from that duty, is entitled to the same benefits as a member of the Navy Reserve of corresponding grade, rating, and length of service. In determining length of service for the purpose of this section, there shall be included all service for which credit is given by law to members of the Regular Coast Guard. (b) Chapter 27 of this title applies to a member of the Reserve under the same conditions and limitations as it applies to a member of the Regular Coast Guard. (c) A member of the Reserve who suffers sickness, disease, disability, or death is entitled to the same benefits as prescribed by law for a member of the Navy Reserve who suffers sickness, disease, disability, or death under similar conditions. (d) A member of the Reserve on active duty or when retired for disability is entitled to the benefits of section 253(a) of title 42 (e) A member of the Reserve, except an enlisted member retiring on the basis of years of active service, is entitled to the same retirement rights, benefits, and privileges as prescribed by law for a member of the Navy Reserve, and wherever a law confers authority upon the Secretary of the Navy, similar authority is given to the Secretary to be exercised with respect to the Coast Guard when the Coast Guard is not operating as a service in the Navy. An enlisted member of the Reserve who retires on the basis of years of active service is entitled to the same retirement rights, benefits, and privileges as prescribed by law for an enlisted member of the Regular Coast Guard. (f) A member of the Coast Guard Reserve not on active duty who is enrolled in an officer candidate program authorized by section 12209 of title 10 section 209(a) of title 37 (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1003 Pub. L. 97417,  1 Jan. 4, 1983 96 Stat. 2085 Pub. L. 104106, div. A, title XV,  1501(e)(1)(A) Feb. 10, 1996 110 Stat. 501 Pub. L. 109163, div. A, title V,  515(c) Jan. 6, 2006 119 Stat. 3235 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 755 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282,  118(b) section 705 of this title Subsec. (b). Pub. L. 115282,  123(c)(3) 2006Subsecs. (a), (c), (e). Pub. L. 109163 1996Subsec. (f). Pub. L. 104106 1983Subsec. (f). Pub. L. 97417 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104106 Pub. L. 103337 Oct. 5, 1994 section 1501(f)(3) of Pub. L. 104106 section 113 of Title 10  3706. Temporary members of the Reserve; eligibility and compensation  A citizen of the United States, its territories, or possessions who is a member of the Auxiliary, an officer or member of the crew of a motorboat or yacht placed at the disposal of the Coast Guard, or an individual (including a Government employee without pay other than the compensation of that individuals civilian position) who by reason of special training and experience is considered by the Commandant to be qualified for duty, may be enrolled by the Commandant as a temporary member of the Reserve, for duty under conditions the Commandant may prescribe, including part-time and intermittent active duty with or without pay, without regard to age. The Commandant is authorized to define the powers and duties of temporary members of the Reserve, and to confer upon them, appropriate to their qualifications and experience, the same grades and ratings as provided for members of the Reserve. When performing active duty with pay as authorized by this section, temporary members of the Reserve are entitled to receive the pay and allowances of their rank, grade, or rating. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1004 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4750  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 756 of this title Pub. L. 96322 Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 706 of this title  3707. Temporary members of the Reserve; disability or death benefits (a) If a temporary member of the Reserve is physically injured, or dies as a result of physical injury, and the injury is incurred incident to service while performing active duty, or engaged in authorized travel to or from that duty, the law authorizing compensation for employees of the United States suffering injuries while in the performance of their duties, applies, subject to this section. That law shall be administered by the Secretary of Labor to the same extent as if the member was a civil employee of the United States and was injured in the performance of that duty. For benefit computation, regardless of pay or pay status, the member is considered to have had monthly pay of the monthly equivalent of the minimum rate of basic pay in effect for grade GS9 of the General Schedule on the date the injury is incurred. (b) This section does not apply if the workmens compensation law of a State, a territory, or another jurisdiction provides coverage because of a concurrent employment status of the temporary member. When the temporary member or a dependent is entitled to a benefit under this section and also to a concurrent benefit from the United States on account of the same disability or death, the temporary member or dependent, as appropriate, shall elect which benefit to receive. (c) If a claim is filed under this section with the Secretary of Labor for benefits because of an alleged injury or death, the Secretary of Labor shall notify the Commandant who shall direct an investigation into the facts surrounding the alleged injury or death. The Commandant shall then certify to the Secretary of Labor whether or not the injured or deceased individual was a temporary member of the Reserve, the individuals military status, and whether or not the injury or death was incurred incident to military service. (d) A temporary member of the Reserve, who incurs a physical disability or contracts sickness or disease while performing a duty to which the member has been assigned by competent authority, is entitled to the same hospital treatment afforded a member of the Regular Coast Guard. (e) In administering section 8133 of title 5 (1) the percentages applicable to payments under that section are (A) 45 percent under subsection (a)(2) of that section, where the member died fully or currently insured under title II of the Social Security Act ( 42 U.S.C. 401 (B) 20 percent under subsection (a)(3) of that section, for one child, and 10 percent additional for each additional child, not to exceed a total of 75 percent, where the member died fully or currently insured under title II of the Social Security Act; and (C) 25 percent under subsection (a)(4) of that section, if one parent was wholly dependent for support upon the deceased member at the time of the members death and the other was not dependent to any extent; 16 percent to each if both were wholly dependent; and if one was, or both were, partly dependent, a proportionate amount in the discretion of the Secretary of Labor; (2) payments may not be made under subsection (a)(5) of that section; and (3) the Secretary of Labor shall inform the Commissioner of Social Security whenever a claim is filed and eligibility for compensation is established under subsection (a)(2) or (a)(3) of section 8133 of title 5 (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1004 Pub. L. 97136,  8(a) Dec. 29, 1981 95 Stat. 1706 Pub. L. 97295,  2(21) Oct. 12, 1982 96 Stat. 1303 Pub. L. 103296, title I,  108(g) Aug. 15, 1994 108 Stat. 1487 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4750  Editorial Notes  References in Text The law authorizing compensation for employees of the United States, referred to in subsec. (a), appears in subchapter I ( 8101 et seq.) of chapter 81 of Title 5, Government Organization and Employees. The General Schedule, referred to in subsec. (a), is set out under section 5332 of Title 5 The Social Security Act, referred to in subsec. (e)(1)(A), (B), (3), is act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42 Prior Provisions Provisions similar to those in this section were contained in section 760 of this title Pub. L. 96322 Amendments 2021Subsec. (c). Pub. L. 116283,  8505(a)(51)(A) Subsec. (e). Pub. L. 116283,  8505(a)(51)(B) 2018 Pub. L. 115282 section 707 of this title 1994Subsec. (e)(3). Pub. L. 103296 1982Subsec. (e)(1). Pub. L. 97295,  2(21)(A) Subsec. (e)(1)(A). Pub. L. 97295,  2(21)(B) 42 U.S.C. 401 1981Subsec. (a). Pub. L. 97136 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103296 Mar. 31, 1995 section 110(a) of Pub. L. 103296 section 401 of Title 42 Effective Date of 1981 Amendment Pub. L. 97136,  8(b) Dec. 29, 1981 95 Stat. 1706 The amendment made by subsection (a) [amending this section] shall apply only with respect to payments for benefits under section 707(a) [now 3707(a)] of title 14, United States Code, for months beginning on or after the date of the enactment of this Act [ Dec. 29, 1981  3708. Temporary members of the Reserve; certificate of honorable service  In recognition of the service of temporary members of the Reserve, the Secretary may upon request issue an appropriate certificate of honorable service in lieu of a certificate of disenrollment issued to any individual following disenrollment under honorable conditions from service as a temporary member. Issuance of a certificate of honorable service to any individual under this section does not entitle that individual to any rights, privileges, or benefits under any law of the United States. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1005 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4750  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 763 of this title Pub. L. 96322 Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 708 of this title  3709. Reserve student aviation pilots; Reserve aviation pilots; appointments in commissioned grade (a) Under regulations prescribed by the Secretary an enlisted member of the Reserve may be designated as a student aviation pilot. (b) A member who is not a qualified aviator may not be designated as a student aviation pilot unless the member agrees in writing to serve on active duty for a period of two years after successful completion of flight training, unless sooner released. A student aviation pilot may be released from active duty or discharged at any time as provided for in the regulations prescribed by the Secretary. (c) A student aviation pilot who is a qualified civilian aviator may be given a brief refresher course in flight training. (d) A student aviation pilot undergoing flight training is entitled to have uniforms and equipment provided at Government expense. (e) Under regulations prescribed by the Secretary, a student aviation pilot may be designated an aviation pilot upon the successful completion of flight training. (f) In time of peace, an aviation pilot obligated under subsection (b) to serve on active duty for two years may serve for an additional period of not more than two years. (g) An aviation pilot may be released from active duty or discharged at any time as provided for in the regulations prescribed by the Secretary. (h) If qualified under regulations prescribed by the Secretary, an aviation pilot may be appointed as an ensign in the Reserve. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1005 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 758a of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282 section 709 of this title  3710. Reserve student pre-commissioning assistance program (a) The Secretary may provide financial assistance to an eligible enlisted member of the Coast Guard Reserve, not on active duty, for expenses of the member while the member is pursuing on a full-time basis at an institution of higher education a program of education approved by the Secretary that leads to (1) a baccalaureate degree in not more than 5 academic years; or (2) a post-baccalaureate degree. (b) (1) To be eligible for financial assistance under this section, an enlisted member of the Coast Guard Reserve shall (A) be enrolled on a full-time basis in a program of education referred to in subsection (a) at any institution of higher education; and (B) enter into a written agreement with the Coast Guard described in paragraph (2). (2) A written agreement referred to in paragraph (1)(B) is an agreement between the member and the Secretary in which the member agrees (A) to accept an appointment as a commissioned officer in the Coast Guard Reserve, if tendered; (B) to serve on active duty for up to five years; and (C) under such terms and conditions as shall be prescribed by the Secretary, to serve in the Coast Guard Reserve until the eighth anniversary of the date of the appointment. (c) Expenses for which financial assistance may be provided under this section are the following: (1) Tuition and fees charged by the institution of higher education involved. (2) The cost of books. (3) In the case of a program of education leading to a baccalaureate degree, laboratory expenses. (4) Such other expenses as are deemed appropriate by the Secretary. (d) The amount of financial assistance provided to a member under this section shall be prescribed by the Secretary, but may not exceed $25,000 for any academic year. (e) Financial assistance may be provided to a member under this section for up to 5 consecutive academic years. (f) A member who receives financial assistance under this section may be ordered to active duty in the Coast Guard Reserve by the Secretary to serve in a designated enlisted grade for such period as the Secretary prescribes, but not more than 4 years, if the member (1) completes the academic requirements of the program and refuses to accept an appointment as a commissioned officer in the Coast Guard Reserve when offered; (2) fails to complete the academic requirements of the institution of higher education involved; or (3) fails to maintain eligibility for an original appointment as a commissioned officer. (g) (1) If a member requests to be released from the program and the request is accepted by the Secretary, or if the member fails because of misconduct to complete the period of active duty specified, or if the member fails to fulfill any term or condition of the written agreement required to be eligible for financial assistance under this section, the financial assistance shall be terminated. The Secretary may request the member to reimburse the United States in an amount that bears the same ratio to the total costs of the education provided to that member as the unserved portion of active duty bears to the total period of active duty the member agreed to serve. The Secretary shall have the option to order such reimbursement without first ordering the member to active duty. An obligation to reimburse the United States imposed under this paragraph is a debt owed to the United States. (2) The Secretary may waive the service obligated under subsection (f) of a member who becomes unqualified to serve on active duty due to a circumstance not within the control of that member or who is not physically qualified for appointment and who is determined to be unqualified for service as an enlisted member of the Coast Guard Reserve due to a physical or medical condition that was not the result of the members own misconduct or grossly negligent conduct. (3) A discharge in bankruptcy under title 11 that is entered less than 5 years after the termination of a written agreement entered into under subsection (b) does not discharge the individual signing the agreement from a debt arising under such agreement or under paragraph (1). (h) As used in this section, the term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 (Added Pub. L. 107295, title IV,  413(a) Nov. 25, 2002 116 Stat. 2119 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233  Editorial Notes Amendments 2018 Pub. L. 115282 section 709a of this title  3711. Appointment or wartime promotion; retention of grade upon release from active duty (a) A member of the Reserve on active duty, who is appointed or promoted under section 2104 or 2125 of this title, is entitled upon release from that duty to the highest grade satisfactorily held by reason of that appointment or promotion. The Secretary shall determine the highest grade satisfactorily held. (b) Unless otherwise entitled to a higher grade, a member recalled to active duty shall be recalled in the grade in which released under subsection (a). (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1006 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 759a of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282,  118(b) section 710 of this title Subsec. (a). Pub. L. 115282,  123(b)(2)  3712. Exclusiveness of service  No member of the Reserve, other than a temporary member, may be a member of another military organization. A temporary member of the Reserve who is a member of another military component shall, if ordered to active duty therein, be disenrolled as a temporary member of the Reserve. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1006 Pub. L. 97136,  6(c)(1) Dec. 29, 1981 95 Stat. 1706 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 757 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282 section 711 of this title 1981 Pub. L. 97136  3713. Active duty for emergency augmentation of regular forces (a) Notwithstanding another law, and for the emergency augmentation of the Regular Coast Guard forces during a, or to aid in prevention of an imminent, serious natural or manmade disaster, accident, catastrophe, act of terrorism (as defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 section 70101 of title 46 (b) Under the circumstances of the domestic emergency involved, a reasonable time shall be allowed between the date when a Reserve member ordered to active duty under this section is alerted for that duty and the date when the member is required to enter upon that duty. Unless the Secretary determines that the nature of the domestic emergency does not allow it, this period shall be at least two days. (c) Active duty served under this section (1) satisfies on a day-for-day basis all or a part of the annual active duty for training requirement of section 10147 of title 10 (2) does not satisfy any part of the active duty obligation of a member whose statutory Reserve obligation is not already terminated; and (3) entitles a member while engaged therein, or while engaged in authorized travel to or from that duty, to all rights and benefits, including pay and allowances and time creditable for pay and retirement purposes, to which the member would be entitled while performing other active duty. (d) Reserve members ordered to active duty under this section shall not be counted in computing authorized strength of members on active duty or members in grade under this title or under any other law. (e) For purposes of calculating the duration of active duty allowed pursuant to subsection (a), each period of active duty shall begin on the first day that a member reports to active duty, including for purposes of training. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1006 Pub. L. 102241,  13 Dec. 19, 1991 105 Stat. 2213 Pub. L. 103337, div. A, title XVI,  1677(b)(3) Oct. 5, 1994 108 Stat. 3020 Pub. L. 104324, title II,  204 Oct. 19, 1996 110 Stat. 3907 Pub. L. 109241, title II,  206 July 11, 2006 120 Stat. 521 Pub. L. 11053, title V,  502(c)(2) Aug. 3, 2007 121 Stat. 311 Pub. L. 113281, title II,  219 Dec. 18, 2014 128 Stat. 3037 Pub. L. 114328, div. A, title XIX,  1913(b)(3) Dec. 23, 2016 130 Stat. 2687 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 764 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282 section 712 of this title 2016Subsec. (a). Pub. L. 114328 6 U.S.C. 101 6 U.S.C. 101(16) 2014Subsec. (a). Pub. L. 113281 2007Subsec. (a). Pub. L. 11053 6 U.S.C. 101(16) 6 U.S.C. 101(15) 2006Subsec. (a). Pub. L. 109241,  206(1) 6 U.S.C. 101(15) section 70101 of title 46 Subsec. (e). Pub. L. 109241,  206(5) 1996Subsec. (d). Pub. L. 104324 1994Subsec. (c)(1). Pub. L. 103337 section 10147 of title 10 section 270 of title 10 1991Subsec. (a). Pub. L. 102241 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103337 Dec. 1, 1994 section 1691 of Pub. L. 103337 section 10001 of Title 10  3714. Enlistment of members engaged in schooling  The initial period of active duty for training required by section 12103(d) of title 10 (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1007 Pub. L. 103337, div. A, title XVI,  1677(b)(4) Oct. 5, 1994 108 Stat. 3020 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 765 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282 section 713 of this title 1994 Pub. L. 103337 section 12103(d) of title 10 section 511(d) of title 10 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103337 Dec. 1, 1994 section 1691 of Pub. L. 103337 section 10001 of Title 10 SUBCHAPTER II PERSONNEL  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  118(c)(2) Dec. 4, 2018 132 Stat. 4236  3731. Definitions As used in this subchapter (1) Reserve officer means a commissioned officer in the Reserve, except an officer excluded by section 3732 of this title (2) discharged means released from an appointment as a Reserve officer. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1007 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 770 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282,  118(b) section 720 of this title Par. (1). Pub. L. 115282,  123(b)(2)  3732. Applicability of this subchapter  This subchapter applies only to the Reserve; except that it does not apply to a temporary member of the Reserve. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1007 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 771 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282 section 721 of this title  3733. Suspension of this subchapter in time of war or national emergency  In time of war or national emergency declared by Congress, the President may suspend the operation of this subchapter or any part hereof. If this subchapter or any part hereof is suspended by the President, prior to placing the suspended provision in operation, the President shall by regulation, in so far as practicable, adjust the grades of Reserve officers in the same manner as adjustments in grade are made for Regular officers. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1007 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 778 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282 section 722 of this title Executive Documents  Delegation of Authority Authority of President under this section to suspend the operation of this subchapter concerning officers of the Coast Guard Reserve without the approval, ratification, or other action by the President during a time of war or national emergency delegated to Secretary of Homeland Security by Ex. Ord. No. 14106,  2(b), Aug. 14, 2023 section 2101 of this title Authority of President under this section as invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001 section 12302 of Title 10  3734. Effect of this subchapter on retirement and retired pay  Except as provided in subsection 3757(b) 1 1 (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1007 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 795 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282,  123(b)(2) Pub. L. 115282,  118(b) section 723 of this title  3735. Authorized number of officers (a) The authorized number of officers in the Reserve in an active status is 5,000. Reserve officers on an active-duty list shall not be counted as part of the authorized number of officers in the Reserve. The actual number of Reserve officers in an active status at any time shall not exceed the authorized number unless the Secretary determines that a greater number is necessary for planned mobilization requirements, or unless the excess results directly from the operation of law. (b) (1) The Secretary shall make, at least once each year, a computation to determine the number of Reserve officers in an active status authorized to be serving in each grade. The number in each grade shall be computed by applying the applicable percentage to the total number of such officers serving in an active status on the date the computation is made. The number of Reserve officers in an active status below the grade of rear admiral (lower half) shall be distributed by pay grade so as not to exceed percentages of commissioned officers authorized by section 2103(b) of this title (2) The authorized number of Reserve Officers in an active status not on active duty in the grades of rear admiral (lower half) and rear admiral is a total of two. However, the Secretary of the department in which the Coast Guard is operating may authorize an additional number of Reserve officers not on active duty in the grades of rear admiral (lower half) and rear admiral as necessary in order to meet planned mobilization requirements. (c)  Deferral of Limitation If at the end of any fiscal year there is in effect a declaration of war or national emergency, the President may defer the effectiveness of any end-strength limitation with respect to that fiscal year prescribed by law for any military or civilian component of the Coast Guard Reserve, for a period not to exceed 6 months after the end of the war or termination of the national emergency. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1007 Pub. L. 97417,  2(12) Jan. 4, 1983 96 Stat. 2086 Pub. L. 98557,  25(a)(4) Oct. 30, 1984 98 Stat. 2872 Pub. L. 99145, title V,  514(c)(1) Nov. 8, 1985 99 Stat. 629 Pub. L. 107295, title I,  105(b) Nov. 25, 2002 116 Stat. 2085 Pub. L. 109241, title II,  207 July 11, 2006 120 Stat. 521 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 772 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282,  118(b) section 724 of this title Subsec. (b)(1). Pub. L. 115282,  123(b)(2) 2006Subsec. (a). Pub. L. 109241,  207(1) Subsec. (b)(1). Pub. L. 109241,  207(2) 2002Subsec. (c). Pub. L. 107295 1985Subsec. (b). Pub. L. 99145 1984Subsec. (b). Pub. L. 98557 1983Subsec. (b). Pub. L. 97417  3736. Precedence (a) Reserve officers rank and take precedence in their respective grades among themselves and with officers of the same grade on the active duty promotion list and the permanent commissioned teaching staff in accordance with their dates of rank. When Reserve officers and officers on the active duty promotion list or the permanent commissioned teaching staff have the same date of rank in a grade, they take precedence as determined by the Secretary. (b) Notwithstanding any other law, a Reserve officer shall not lose precedence when transferred to or from the active duty promotion list, nor shall that officers date of rank be changed due to the transfer. (c) A Reserve officer shall, when on the active duty promotion list, be promoted in the same manner as any other officer on the active duty promotion list regardless of the length of active duty service of the Reserve officer. (d) Notwithstanding any other law, a Reserve officer shall not lose precedence by reason of promotion to the grade of rear admiral or rear admiral (lower half), if the promotion is determined in accordance with a running mate system. (e) The Secretary shall adjust the date of rank of a Reserve officer so that no changes of precedence occur. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1008 Pub. L. 108293, title II,  220(a) Aug. 9, 2004 118 Stat. 1039 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 781 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282 section 725 of this title 2004Subsecs. (d), (e). Pub. L. 108293  3737. Running mates (a) The Secretary shall assign a running mate to each Reserve officer in an active status not on the active duty promotion list. The officer initially assigned as a running mate under this section shall be that officer on the active duty promotion list of the same grade who is next senior in precedence to the Reserve officer concerned. An officer who has twice failed of selection or who has been considered but has not been recommended for continuation under section 2150 of this title (b) A Reserve officer in an active status not on the active duty promotion list shall be assigned a new running mate as follows: (1) If a previously assigned running mate is promoted from below the promotion zone, is removed from the active duty promotion list, suffers a loss of numbers, fails of selection, fails to qualify for promotion, or declines an appointment after being selected for promotion, the new running mate shall be that officer on the active duty promotion list, of the same grade, who is next senior to the previous running mate and who is, or may become, eligible for consideration for promotion. If the previous running mate was on a list of selectees for promotion, the new running mate shall be that officer on the active duty promotion list, of the same grade, who is on a list of selectees for promotion and who is next senior to the previous running mate. (2) If a Reserve officer suffers a loss of numbers, the new running mate shall be that officer on the active duty promotion list who, after the loss of numbers has been effected, is the running mate of the Reserve officer next senior to the Reserve officer concerned. (3) If a Reserve officer is considered for promotion and fails of selection, fails to qualify for promotion, declines an appointment after being selected for promotion, or has his or her name removed from a list of selectees for promotion, and that officers running mate is promoted, the new running mate shall be that officer on the active duty promotion list, of the same grade, who, at the time the previous running mate was considered for promotion, was next senior to the previous running mate, was eligible for consideration for promotion, and whose name was not included on a list of selectees for promotion. (4) In a situation not expressly covered by this subsection, the Secretary may assign a new running mate as necessary to effect the intent of this section that inequitable changes of precedence do not occur. (c) A Reserve officer on the active duty promotion list shall, to the extent practicable and consistent with the limitations imposed by this section, be assigned as the running mate of all Reserve officers junior to the officer, who are in an active status not on the active duty promotion list, and who had a running mate in common with the officer just prior to the time the officer was placed on the active duty promotion list. (d) The Secretary may adjust, as necessary, the date of rank of a Reserve officer not on active duty so that the date will correspond with that of the running mate assigned to the officer in accordance with this section. If an overpayment of pay or allowances results from adjusting the date of rank, the overpayment is not subject to recoupment. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1008 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 782 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282,  118(b) section 726 of this title Subsec. (a). Pub. L. 115282,  123(b)(2)  3738. Constructive credit upon initial appointment  Under regulations prescribed by the Secretary, an individual, appointed as a Reserve officer, may be assigned a date of rank and precedence which reflects that individuals experience, education, or other qualifications. For the purpose of this subchapter only, an individual appointed for the purpose of assignment or designation as a judge advocate in the Reserve shall be credited with a minimum of one year service in an active status. An individual holding a doctor of philosophy, or a comparable degree, in medicine or in a science allied to medicine as determined by the Secretary, may be credited with a minimum of three years service in an active status if appointed for an assignment comparable to that of an officer in the Navy Medical Department. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1009 Pub. L. 108293, title II,  208 Aug. 9, 2004 118 Stat. 1035 Pub. L. 109241, title II,  218(b)(1) July 11, 2006 120 Stat. 526 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4750  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 773 of this title Pub. L. 96322 Amendments 2021 Pub. L. 116283 2018 Pub. L. 115282 section 727 of this title 2006 Pub. L. 109241 2004 Pub. L. 108293  3738a. Direct commissioning authority for individuals with critical skills  An individual with critical skills that the Commandant considers necessary for the Coast Guard to complete its missions who is not currently serving as an officer in the Coast Guard may be commissioned into the Coast Guard at a grade up to and including commander. (Added Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4648  3739. Promotion of Reserve officers on active duty (a) A Reserve officer on active duty, other than for training, duty on a board, or duty of a limited or temporary nature if assigned to active duty from an inactive duty status, shall not be eligible for consideration for promotion under this subchapter; but shall be considered for promotion under chapter 21 of this title. If promoted while serving on active duty the officer shall be considered as having been promoted under this subchapter and shall be an extra number in the grade to which promoted for the purpose of grade distribution as prescribed in this subchapter. Upon release from active duty the officer shall be included in the grade distribution authorized by this subchapter. (b) Notwithstanding subsection (a) of this section, a Reserve officer who has been selected for promotion to the next higher grade under this subchapter at the time the officer reports for active duty, shall be promoted to that grade under chapter 21 of this title. (c) A Reserve officer who, at the time the officer is released from active duty, has been selected for promotion to the next higher grade under chapter 21 of this title, shall be promoted to that grade as though selected under this subchapter. (d) A failure of selection for promotion to the next higher grade occurring under this subchapter or under chapter 21 of this title shall count for all purposes. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1009 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 791 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282,  123(c)(2)(B) Pub. L. 115282,  118(b) section 728 of this title  3740. Promotion; recommendations of selection boards (a) Except as otherwise provided by law, a Reserve officer shall only be promoted pursuant to the recommendation of a selection board. (b) The Secretary shall convene selection boards from time to time to recommend Reserve officers for promotion to the next higher grade. A board may be convened to consider officers in one or more grades. (c) A selection board shall, from among the names of those eligible Reserve officers submitted to it, recommend for promotion to the next higher grade: (1) those officers serving in the grade of lieutenant (junior grade) or above whom it considers to be best qualified; and (2) those officers serving in the grade of ensign whom it considers to be fully qualified. (d) (1) Before convening a selection board to recommend Reserve officers for promotion, the Secretary shall establish a promotion zone for officers serving in each grade to be considered by the board. The Secretary shall determine the number of officers in the promotion zone for officers serving in any grade from among officers who are eligible for promotion in that grade. (2) (A) Before convening a selection board to recommend Reserve officers for promotion to a grade (other than the grade of lieutenant (junior grade)), the Secretary shall determine the maximum number of officers in that grade that the board may recommend for promotion. (B) The Secretary shall make the determination under subparagraph (A) of the maximum number that may be recommended with a view to having in an active status a sufficient number of Reserve officers in each grade to meet the needs of the Coast Guard for Reserve officers in an active status. (C) In order to make the determination under subparagraph (B), the Secretary shall determine the following: (i) The number of positions needed to accomplish mission objectives that require officers in the grade to which the board will recommend officers for promotion. (ii) The estimated number of officers needed to fill vacancies in such positions during the period in which it is anticipated that officers selected for promotion will be promoted. (iii) The number of officers authorized by the Secretary to serve in an active status in the grade under consideration. (iv) Any statutory limitation on the number of officers in any grade authorized to be in an active status. (3) (A) The Secretary may, when the needs of the Coast Guard require, authorize the consideration of officers in a grade above lieutenant (junior grade) for promotion to the next higher grade from below the promotion zone. (B) When selection from below the promotion zone is authorized, the Secretary shall establish the number of officers that may be recommended for promotion from below the promotion zone. That number may not exceed the number equal to 10 percent of the maximum number of officers that the board is authorized to recommend for promotion, except that the Secretary may authorize a greater number, not to exceed 15 percent of the total number of officers that the board is authorized to recommend for promotion, if the Secretary determines that the needs of the Coast Guard so require. If the maximum number determined under this subparagraph is less than one, the board may recommend one officer for promotion from below the promotion zone. (C) The number of officers recommended for promotion from below the promotion zone does not increase the maximum number of officers that the board is authorized to recommend for promotion under paragraph (2). (e) The law and regulations relating to the selection for promotion of a commissioned officer of the Regular Coast Guard to the grades of rear admiral (lower half) and rear admiral apply to a Reserve officer, except that to be eligible for consideration for promotion to the grade of rear admiral (lower half) an officer shall have completed at least ten years commissioned service, of which the last five years shall have been served in the Coast Guard Reserve. (f) The provisions of section 2117 of this title (g) The report of a selection board shall be submitted to the Secretary for review and transmission to the President for approval. When an officer recommended by a board for promotion is not acceptable to the President, the President may remove the name of that officer from the report of the board. (h) The recommendations of a selection board, as approved by the President, constitute a list of selectees from which the promotions of Reserve officers shall be made. An officer on a list of selectees remains thereon until promoted unless removed by the President under section 3749 of this title (i) A Reserve officer whose name is on a list of selectees for promotion shall, unless that officers promotion is lawfully withheld, be tendered an appointment in the next higher grade on the date a vacancy occurs, or as soon thereafter as practicable in the grade to which the officer was selected for promotion or, if promotion was determined in accordance with a running mate system, at the same time, or as soon thereafter as practicable, as that officers running mate is tendered a similar appointment. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1010 Pub. L. 97417,  2(13) Jan. 4, 1983 96 Stat. 2086 Pub. L. 99145, title V,  514(c)(1) Nov. 8, 1985 99 Stat. 629 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107295, title IV,  411(a) Nov. 25, 2002 116 Stat. 2118 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 780 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282,  118(b) section 729 of this title Subsec. (f). Pub. L. 115282,  123(b)(2) Subsec. (h). Pub. L. 115282,  123(b)(2) 2002Subsec. (i). Pub. L. 107295 2000Subsec. (d). Pub. L. 106398 1985Subsec. (e). Pub. L. 99145 1983Subsec. (e). Pub. L. 97417 Statutory Notes and Related Subsidiaries Effective Date of 2000 Amendment Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 The amendments made by this section [amending this section and section 731 of this title Oct. 30, 2000 Executive Documents  Delegation of Functions For assignment of functions of President under subsec. (g) of this section, see section 2(c) of Ex. Ord. No. 13358, Sept. 28, 2004 section 301 of Title 3  3741. Selection boards; appointment (a) A selection board shall (1) be appointed and convened by the Secretary; (2) consist of at least 50 per centum Reserve officer membership, except in the case of a flag officer selection board where, to the extent practicable, it shall consist of at least 50 per centum Reserve officer membership; (3) consist only of members, Reserve or Regular, senior in grade to any officer being considered by that board; and (4) be composed of not less than five members, which number constitutes a quorum. (b) A selection board serves for the length of time prescribed by the Secretary, but no board may serve longer than one year. No officer may serve on two consecutive selection boards for the same grade when the second of those boards considers an officer who was considered, but not recommended for promotion, by the first selection board. (c) Each member of a selection board shall swear that he will, without prejudice or partiality, and having in view both the special fitness required of officers and the efficiency of the Coast Guard, perform the duties imposed upon him. Not less than a majority of the total membership of a selection board shall concur in each recommendation made by the board. (d) An officer eligible for consideration for promotion by a selection board may forward, through official channels, a written communication inviting the attention of the board to any matter in the officers record in the armed forces that, in the opinion of the officer concerned, is important to the boards consideration. A communication forwarded under this subsection shall arrive in time to allow delivery to the board prior to its convening, and may not criticize or reflect upon the character, conduct, or motive of any officer. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1011 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 775 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282 section 730 of this title  3742. Establishment of promotion zones under running mate system (a)  Authority To Use Running Mate System The Secretary may by regulation implement section 3740(d)(1) of this title (b)  Consideration for Promotion If promotion zones are determined as authorized under subsection (a), a Reserve officer shall, subject to the eligibility requirements of this subchapter, be placed in a promotion zone when that officers running mate is placed in a promotion zone and shall, in accordance with the provisions of this subchapter, be considered for promotion at approximately the same time as that officers running mate or as soon thereafter as practicable, or in the event that promotion is not determined in accordance with a running mate system, then a Reserve officer becomes eligible for consideration for promotion to the next higher grade at the beginning of the promotion year in which he or she completes the following amount of service computed from the date of rank in the grade in which he or she is serving: (1) two years in the grade of lieutenant (junior grade); (2) three years in the grade of lieutenant; (3) four years in the grade of lieutenant commander; (4) four years in the grade of commander; and (5) three years in the grade of captain. (c)  Consideration of Officers Below the Zone If the Secretary authorizes the selection of officers for promotion from below the promotion zone in accordance with section 3740(d)(3) of this title (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1011 Pub. L. 106398,  1 [[div. A] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107295, title IV,  411(b) Nov. 25, 2002 116 Stat. 2118 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 783 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282,  118(b) section 731 of this title Subsec. (a). Pub. L. 115282,  123(b)(2) Subsec. (c). Pub. L. 115282,  123(b)(2) 2002Subsec. (b). Pub. L. 107295 (1) two years in the grade of lieutenant (junior grade); (2) three years in the grade of lieutenant; (3) four years in the grade of lieutenant commander; (4) four years in the grade of commander; and (5) three years in the grade of captain. 2000 Pub. L. 106398,  1 [[div. A] Pub. L. 106398,  1 [[div. A] Statutory Notes and Related Subsidiaries Effective Date of 2000 Amendment Amendment by Pub. L. 106398 section 3741 of this title Oct. 30, 2000 Pub. L. 106398 section 3740 of this title  3743. Eligibility for promotion (a)  In General Except as provided in subsection (b), a Reserve officer is eligible for consideration for promotion and for promotion under this subchapter if that officer is in an active status. (b)  Exception A Reserve officer who has been considered but not recommended for retention in an active status by a board convened under subsection 3752(a) 1 1 (c)  Request for Exclusion. (1)  In general The Commandant may provide that an officer may, upon the officers request and with the approval of the Commandant, be excluded from consideration by a selection board convened under section 3740(b) of this title (2)  Approval of request The Commandant shall approve a request under paragraph (1) only if (A) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Coast Guard, a career progression requirement delayed by the assignment or education, or a qualifying personal or professional circumstance, as determined by the Commandant; (B) the Commandant determines the exclusion from consideration is in the best interest of the Coast Guard; and (C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1011 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4233 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4643  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 774 of this title Pub. L. 96322 Amendments 2021 Pub. L. 116283 section 3752(a) of this title 2018 Pub. L. 115282,  123(b)(2) Pub. L. 115282,  118(b) section 732 of this title  3744. Recommendation for promotion of an officer previously removed from an active status  A Reserve officer recommended for promotion by a selection board but not promoted because of removal from an active status shall be reconsidered by a selection board after returning to an active status and if selected shall be placed on a recommended list of selectees for promotion. A Reserve officer to whom this section applies is not considered to have failed of selection when eliminated from a list of selectees for promotion solely as a result of being removed from an active status. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1012 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 777 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282 section 733 of this title  3745. Qualifications for promotion (a) A Reserve officer shall not be promoted to a higher grade unless the officer has been found to be physically qualified and the character of the officers service subsequent to the convening of the selection board which recommended the officer for promotion has been verified as satisfactory. (b) Subsection (a) of this section does not exclude from promotion a Reserve officer physically disqualified by a medical board for duty at sea or in the field, if the disqualification results from wounds received in the line of duty, and those wounds do not incapacitate the officer for other duties in the grade to which the officer is to be promoted. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1012 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 786 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282 section 734 of this title  3746. Promotion; acceptance; oath of office (a) A Reserve officer who has been appointed under this subchapter is considered to have accepted the appointment unless delivery thereof cannot be effected. (b) A Reserve officer who has served continuously since taking the oath of office prescribed in section 3331 of title 5 (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1012 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 797 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282 section 735 of this title  3747. Date of rank upon promotion; entitlement to pay (a) When a Reserve officer is promoted to the next higher grade under this subchapter, the date of rank shall be the date of appointment in that grade, unless the promotion was determined in accordance with a running mate system, in which event the same date of rank shall be assigned as that assigned to the officers running mate. A Reserve officer so promoted shall be allowed the pay and allowances of the higher grade for duty performed from the date of the officers appointment thereto. (b) Notwithstanding any other provision of law and subject to subsection (c), if promotion of an inactive duty promotion list officer to the grade of rear admiral or rear admiral (lower half) is determined in accordance with a running mate system, a reserve officer, if acceptable to the President and the Senate, shall be promoted to the next higher grade no later than the date the officers running mate is promoted. (c) For the purposes of this section, the date of appointment shall be that date when promotion authority is exercised by the Secretary. However, the Secretary may adjust the date of appointment (1) if a delay in the finding required under section 3745(a) of this title (2) for any other reason that equity requires. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1012 Pub. L. 97417,  2(14) Jan. 4, 1983 96 Stat. 2086 Pub. L. 99145, title V,  514(c)(1) Nov. 8, 1985 99 Stat. 629 Pub. L. 101225, title II,  203(4) Dec. 12, 1989 103 Stat. 1911 Pub. L. 107295, title IV,  411(c) Nov. 25, 2002 116 Stat. 2118 Pub. L. 108293, title II,  220(b) Aug. 9, 2004 118 Stat. 1039 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 784 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282,  118(b) section 736 of this title Subsec. (c)(1). Pub. L. 115282,  123(b)(2) 2004Subsec. (b). Pub. L. 108293,  220(b) Subsec. (c). Pub. L. 108293,  220(c) 2002Subsec. (a). Pub. L. 107295 1989Subsec. (c). Pub. L. 101225 1985Subsec. (b). Pub. L. 99145 1983Subsec. (b). Pub. L. 97417  3748. Type of promotion; temporary  Notwithstanding any other law, if a Reserve officer is promoted when the officers running mate is promoted and the promotion of the running mate is on a temporary basis, the promotion of the Reserve officer is also on a temporary basis. If subsequently the running mate is reverted to a lower grade, other than for reasons of discipline, incompetence, or at the running mates request, the Reserve officer shall likewise revert to the same lower grade with corresponding precedence. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1012 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 790 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282 section 737 of this title  3749. Effect of removal by the President or failure of consent of the Senate (a) The President may, for cause, remove the name of any officer from a list of selectees established under section 3740 of this title (b) If the Senate, where required, does not consent to the appointment of an officer whose name is on a list of selectees established under section 3740 of this title (c) An officer whose name is removed from a list of selectees under subsection (a) or (b) continues to be eligible for consideration for promotion. If selected for promotion by the next selection board and promoted, that officer shall be assigned the date of rank and precedence that would have been assigned if the officers name had not been previously removed. However, if the officer is not selected by the next selection board, or if the officers name is again removed from the list of selectees, the officer shall be considered for all purposes as having twice failed of selection for promotion. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1013 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 788 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282,  118(b) section 738 of this title Subsecs. (a), (b). Pub. L. 115282,  123(b)(2) Executive Documents  Delegation of Functions For assignment of functions of President under subsec. (a) of this section, see section 2(d) of Ex. Ord. No. 13358, Sept. 28, 2004 section 301 of Title 3  3750. Failure of selection for promotion (a) A Reserve officer, other than one serving in the grade of captain, who is, or is senior to, the junior officer in the promotion zone established for the officers grade, fails of selection if not selected for promotion by the selection board that considered the officer, or if having been selected for promotion by the board, the officers name is thereafter removed from the report of the board by the President. (b) A Reserve officer is not considered to have failed of selection if the officer was not considered by a selection board because of administrative error. If that officer is selected by the next appropriate selection board after the error is discovered, and is promoted, the same date of rank and precedence shall be assigned that would have been assigned if the officer had been recommended for promotion by the selection board that originally would have considered the officer but for the error. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1013 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 796 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282 section 739 of this title  3751. Failure of selection and removal from an active status (a) The Secretary (1) may remove from an active status a Reserve officer who has twice failed of selection to the next higher grade; and (2) shall remove from an active status a Reserve officer serving in the grade of captain who has completed thirty years of total commissioned service and whose name is not carried on an approved list of selectees for promotion to the grade of rear admiral (lower half). (b) A Reserve officer who has twice failed of selection to the next higher grade and who is not removed from an active status under subsection (a)(1) of this section shall be retained for the period prescribed by the Secretary. (c) Subject to section 12646 of title 10 (1) if removed from an active status under subsection (a)(1) of this section, on June 30 next following the approval date of the board report by virtue of which the officers second failure of selection occurs; or (2) if removed from an active status under subsection (a)(2) of this section, on June 30 next following the date on which the officer completes thirty years of total commissioned service as computed under this section. (d) For the purpose of this section, the total commissioned service of an officer who has served continuously in the Reserve following appointment in the grade of ensign shall be computed from the date on which that appointment to the Reserve was accepted. A Reserve officer initially appointed in a grade above ensign is considered to have the actual total commissioned service performed in a grade above commissioned warrant officer or the same total commissioned service as an officer of the Regular Coast Guard who has served continuously from an original appointment as ensign, who has not lost numbers or precedence, and who is, or was, junior to the Reserve officer, whichever is greater. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1013 Pub. L. 97417,  2(15) Jan. 4, 1983 96 Stat. 2086 Pub. L. 99145, title V,  514(c)(1) Nov. 8, 1985 99 Stat. 629 Pub. L. 103337, div. A, title XVI,  1677(b)(5) Oct. 5, 1994 108 Stat. 3020 Pub. L. 112213, title II,  217(14) Dec. 20, 2012 126 Stat. 1558 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 787 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282 section 740 of this title 2012Subsec. (d). Pub. L. 112213 1994Subsec. (c). Pub. L. 103337 section 12646 of title 10 section 1006 of title 10 1985Subsec. (a)(2). Pub. L. 99145 1983Subsec. (a)(2). Pub. L. 97417 Statutory Notes and Related Subsidiaries Effective Date of 1994 Amendment Amendment by Pub. L. 103337 Dec. 1, 1994 section 1691 of Pub. L. 103337 section 10001 of Title 10  3752. Retention boards; removal from an active status to provide a flow of promotion (a) Notwithstanding any other provision of this title, whenever the Secretary determines that it is necessary to reduce the number of Reserve officers in an active status in any grade to provide a steady flow of promotion, or that there is an excessive number of Reserve officers in an active status in any grade, the Secretary may appoint and convene a retention board to consider all of the Reserve officers in that grade in an active status who have 18 years or more of service for retirement, except those officers who (1) are on extended active duty; (2) are on a list of selectees for promotion; (3) will complete 30 years total commissioned service by June 30th following the date that the retention board is convened; or (4) have reached age 59 by the date on which the retention board is convened. The retention board shall select and recommend a specified number of the officers under consideration for retention in an active status. (b) This board shall (1) to the extent practicable, consist of at least 50 per centum Reserve officers; (2) consist only of officers who are senior in rank to any officers being considered by that board; and (3) to the extent practicable, consist of officers who have not served on the last previous retention board which considered officers of the same grade. (c) Subject to section 12646 of title 10 (d) The provisions of section 2117 of this title (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1014 Pub. L. 101225, title II,  203(5) Dec. 12, 1989 103 Stat. 1911 Pub. L. 103206, title II,  203 Dec. 20, 1993 107 Stat. 2420 Pub. L. 103337, div. A, title XVI,  1677(b)(5) Oct. 5, 1994 108 Stat. 3020 Pub. L. 104106, div. A, title XV,  1501(e)(1)(B) Feb. 10, 1996 110 Stat. 501 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 787a of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282,  118(b) section 741 of this title Subsec. (d). Pub. L. 115282,  123(b)(2) 1996Subsec. (c). Pub. L. 104106 section 12646 of title 10 section 1006 of title 10 1994Subsec. (b). Pub. L. 103337 section 12646 of title 10 section 1006 of title 10 section 1006 of title 10 1993 Pub. L. 103206 1989Subsec. (a). Pub. L. 101225 Statutory Notes and Related Subsidiaries Effective Date of 1996 Amendment Amendment by Pub. L. 104106 Pub. L. 103337 Oct. 5, 1994 section 1501(f)(3) of Pub. L. 104106 section 113 of Title 10 Effective Date of 1994 Amendment Amendment by Pub. L. 103337 Dec. 1, 1994 section 1691 of Pub. L. 103337 section 10001 of Title 10  3753. Maximum ages for retention in an active status (a) A Reserve officer, if qualified, shall be transferred to the Retired Reserve on the day the officer becomes 60 years of age unless on active duty. If not qualified for retirement, a Reserve officer shall be discharged effective upon the day the officer becomes 60 years of age unless on active duty. (b) A Reserve officer on active duty shall, if qualified, be retired effective upon the day the officer become 62 years of age. If not qualified for retirement, a Reserve officer on active duty shall be discharged effective upon the day the officer becomes 62 years of age. (c) Notwithstanding subsections (a) and (b), the Secretary may authorize the retention of a Reserve rear admiral or rear admiral (lower half) in an active status not longer than the day on which the officer concerned becomes 64 years of age. (d) For purposes of this section, active duty does not include active duty for training, duty on a board, or duty of a limited or temporary nature if assigned to active duty from an inactive duty status. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1014 Pub. L. 97417,  2(16) Jan. 4, 1983 96 Stat. 2086 Pub. L. 99145, title V,  514(c)(1) Nov. 8, 1985 99 Stat. 629 Pub. L. 108293, title II,  209 Aug. 9, 2004 118 Stat. 1035 Pub. L. 114120, title II,  209(13) Feb. 8, 2016 130 Stat. 41 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233  Editorial Notes Amendments 2018 Pub. L. 115282 section 742 of this title 2016Subsec. (c). Pub. L. 114120 2004 Pub. L. 108293 (a) A Reserve officer, if qualified, shall be transferred to the Retired Reserve on the day the officer becomes sixty-two years of age. (b) Notwithstanding subsection (a) of this section, the Secretary may authorize the retention of a Reserve rear admiral or rear admiral (lower half) in an active status not longer than the day on which the officer concerned becomes sixty-four years of age. (c) Except as provided for in subsections (a) and (b) of this section, a Reserve officer shall be discharged effective upon the day the officer becomes sixty-two years of age. 1985Subsec. (b). Pub. L. 99145 1983Subsec. (b). Pub. L. 97417  3754. Rear admiral and rear admiral (lower half); maximum service in grade (a) Unless retained in or removed from an active status under any other law, a reserve rear admiral or rear admiral (lower half) shall be retired on July 1 of the promotion year immediately following the promotion year in which that officer completes 4 years of service after the appointment of the officer to rear admiral (lower half). (b) Notwithstanding any other provision of law, if promotion of inactive duty promotion list officers to the grade of rear admiral is not determined in accordance with a running mate system, a Reserve officer serving in an active status in the grade of rear admiral (lower half) shall be promoted to the grade of rear admiral, if acceptable to the President and the Senate, on the date the officer has served 2 years in an active status in grade of rear admiral (lower half), or in the case of a vacancy occurring prior to having served 2 years in an active status, on the date the vacancy occurs, if the officer served at least 1 year in an active status in the grade of rear admiral (lower half). (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1015 Pub. L. 97417,  2(17)(A) Jan. 4, 1983 96 Stat. 2086 Pub. L. 99145, title V,  514(c)(1) Nov. 8, 1985 99 Stat. 629 Pub. L. 108293, title II,  220(d) Aug. 9, 2004 118 Stat. 1039 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233  Editorial Notes Amendments 2018 Pub. L. 115282 section 743 of this title 2004 Pub. L. 108293 1985 Pub. L. 99145 1983 Pub. L. 97417  3755. Appointment of a former Navy or Coast Guard officer  A former officer of the Regular Navy or Coast Guard who applies for a Reserve commission within one year of resigning the officers Regular commission, and who is appointed in the same grade previously held in the Regular Navy or Coast Guard, shall be given the same date of rank in that grade as that previously assigned to the officer while a member of the Regular Navy or Coast Guard. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1015 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 792 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282 section 744 of this title  3756. Grade on entry upon active duty  A Reserve officer ordered to active duty or active duty for training shall be ordered in the grade held; except that the Secretary may authorize a higher grade. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1015 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 776 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282 section 745 of this title  3757. Recall of a retired officer; grade upon release (a) When an officer in the Retired Reserve or an officer on a Reserve retired list is recalled to active duty, that officer shall be recalled in a manner similar to the recall of a Regular retired officer. (b) An officer in the Retired Reserve or an officer on a Reserve retired list recalled to active duty shall upon release therefrom be advanced in the Retired Reserve or on the Reserve retired list to the highest grade held on active duty, if: (1) appointed to a higher grade while on that duty, and (2) the officers performance has been satisfactory in the higher grade. (Added Pub. L. 96322,  1 Aug. 4, 1980 94 Stat. 1015 Pub. L. 115282, title I,  118(b) Dec. 4, 2018 132 Stat. 4233  Editorial Notes Prior Provisions Provisions similar to those in this section were contained in section 793 of this title Pub. L. 96322 Amendments 2018 Pub. L. 115282 section 746 of this title CHAPTER 39 COAST GUARD AUXILIARY    Sec.  3901. Administration of the Coast Guard Auxiliary.  3902. Purpose of the Coast Guard Auxiliary.  3903. Eligibility; enrollments.  3904. Members of the Auxiliary; status.  3905. Disenrollment.  3906. Membership in other organizations.  3907. Use of members facilities.  3908. Vessel deemed public vessel.  3909. Aircraft deemed public aircraft.  3910. Radio station deemed government station.  3911. Availability of appropriations.  3912. Assignment and performance of duties.  3913. Injury or death in line of duty.  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  119(a) Dec. 4, 2018 132 Stat. 4236  3901. Administration of the Coast Guard Auxiliary (a) The Coast Guard Auxiliary is a nonmilitary organization administered by the Commandant under the direction of the Secretary. For command, control, and administrative purposes, the Auxiliary shall include such organizational elements and units as are approved by the Commandant, including but not limited to, a national board and staff (to be known as the Auxiliary headquarters unit), districts, regions, divisions, flotillas, and other organizational elements and units. The Auxiliary organization and its officers shall have such rights, privileges, powers, and duties as may be granted to them by the Commandant, consistent with this title and other applicable provisions of law. The Commandant may delegate to officers of the Auxiliary the authority vested in the Commandant by this section, in the manner and to the extent the Commandant considers necessary or appropriate for the functioning, organization, and internal administration of the Auxiliary. (b) Each organizational element or unit of the Coast Guard Auxiliary organization (but excluding any corporation formed by an organizational element or unit of the Auxiliary under subsection (c) of this section), shall, except when acting outside the scope of section 3902, at all times be deemed to be an instrumentality of the United States, for purposes of the following: (1) Chapter 171 of title 28 (popularly known as the Federal Tort Claims Act). (2)  Section 2733 of title 10 (3)  Section 30101 of title 46 (4) Chapter 309 of title 46 (known as the Suits in Admiralty Act). (5) Chapter 311 of title 46 (known as the Public Vessels Act). (6) Other matters related to noncontractual civil liability. (c) The national board of the Auxiliary, and any Auxiliary district or region, may form a corporation under State law in accordance with policies established by the Commandant. (d) (1) Except as provided in paragraph (2), personal property of the auxiliary shall not be considered property of the United States. (2) The Secretary may treat personal property of the auxiliary as property of the United States (A) for the purposes of (i) the statutes and matters referred to in paragraphs (1) through (6) of subsection (b); and (ii)  section 901 of this title (B) as otherwise provided in this chapter. (3) The Secretary may reimburse the Auxiliary, and each organizational element and unit of the Auxiliary, for necessary expenses of operation, maintenance, and repair or replacement of personal property of the Auxiliary. (4) In this subsection, the term personal property of the Auxiliary means motor boats, yachts, aircraft, radio stations, motorized vehicles, trailers, or other equipment that is under the administrative jurisdiction of the Coast Guard Auxiliary or an organizational element or unit of the Auxiliary and that is used solely for the purposes described in this subsection. ( Aug. 4, 1949, ch. 393 63 Stat. 555 Pub. L. 104324, title IV,  401(a) Oct. 19, 1996 110 Stat. 3922 Pub. L. 108293, title II,  226 Aug. 9, 2004 118 Stat. 1041 Pub. L. 109304,  17(c) Oct. 6, 2006 120 Stat. 1707 Pub. L. 114120, title II,  209(14) Feb. 8, 2016 130 Stat. 41 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4236  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  260, 263 ( Feb. 19, 1941, ch. 8 55 Stat. 9 This section continues the Auxiliary, redefining it as a nonmilitary organization, and providing for its administration. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282,  119(b) section 821 of this title Subsec. (b). Pub. L. 115282,  123(b)(2) Subsec. (d)(2)(A)(ii). Pub. L. 115282,  123(b)(2) 2016Subsec. (b)(1). Pub. L. 114120 2006Subsec. (b)(3) to (5). Pub. L. 109304 (3) The Act of March 3, 1925 (4) The Act of March 9, 1920 (5) The Act of June 19, 1948 2004Subsec. (d). Pub. L. 108293 1996 Pub. L. 104324 February 19, 1941 Statutory Notes and Related Subsidiaries Use of Coast Guard Auxiliary Pub. L. 99640,  9 Nov. 10, 1986 100 Stat. 3548 Nov. 10, 1986  3902. Purpose of the Coast Guard Auxiliary (a)  In General The purpose of the Auxiliary is to assist the Coast Guard as authorized by the Commandant, in performing any Coast Guard function, power, duty, role, mission, or operation authorized by law. (b)  Limitation The Auxiliary may conduct a patrol of a waterway, or a portion thereof, only if (1) the Commandant has determined such waterway, or portion thereof, is navigable for purposes of the jurisdiction of the Coast Guard; or (2) a State or other proper authority has requested such patrol pursuant to section 701 of this title section 13109 of title 46 ( Aug. 4, 1949, ch. 393 63 Stat. 555 Pub. L. 104324, title IV,  402(a) Oct. 19, 1996 110 Stat. 3923 Pub. L. 114120, title II,  205(a) Feb. 8, 2016 130 Stat. 36 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4236  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  261 ( Feb. 19, 1941, ch. 8 55 Stat. 9 Sept. 30, 1944, ch. 453,  1 58 Stat. 759 Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282,  119(b) section 822 of this title Subsec. (b)(2). Pub. L. 115282,  123(b)(2) 2016 Pub. L. 114120 1996 Pub. L. 104324 (a) to promote safety and to effect rescues on and over the high seas and on navigable waters; (b) to promote efficiency in the operation of motorboats and yachts; (c) to foster a wider knowledge of, and better compliance with, the laws, rules, and regulations governing the operation of motorboats and yachts; and (d) to facilitate other operations of the Coast Guard.  3903. Eligibility; enrollments The Auxiliary shall be composed of nationals of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) 8 U.S.C. 1101(a)(20) (1) who (A) are owners, sole or part, of motorboats, yachts, aircraft, or radio stations; or (B) by reason of their special training or experience are deemed by the Commandant to be qualified for duty in the Auxiliary; and (2) who may be enrolled therein pursuant to applicable regulations. ( Aug. 4, 1949, ch. 393 63 Stat. 555 Pub. L. 112213, title II,  215(a) Dec. 20, 2012 126 Stat. 1555 Pub. L. 115282, title I,  119(b) Dec. 4, 2018 132 Stat. 4236  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  262, 351 ( Feb. 19, 1941, ch. 8 55 Stat. 9 Oct. 26, 1942, ch. 628 56 Stat. 990 Sept. 30, 1944, ch. 453,  2 58 Stat. 760 All reference to the Philippine Islands is eliminated. Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 823 of this title 2012 Pub. L. 112213  3904. Members of the Auxiliary; status (a) Except as otherwise provided in this chapter, a member of the Coast Guard Auxiliary shall not be considered to be a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, Federal employee benefits, ethics, conflicts of interest, and other similar criminal or civil statutes and regulations governing the conduct of Federal employees. However, nothing in this subsection shall constrain the Commandant from prescribing standards for the conduct and behavior of members of the Auxiliary. (b) A member of the Auxiliary while assigned to duty shall be deemed to be a Federal employee only for the purposes of the following: (1) Chapter 171 of title 28 (popularly known as the Federal Tort Claims Act). (2)  Section 2733 of title 10 (3)  Section 30101 of title 46 (4) Chapter 309 of title 46 (known as the Suits in Admiralty Act). (5) Chapter 311 of title 46 (known as the Public Vessels Act). (6) Other matters related to noncontractual civil liability. (7) Compensation for work injuries under chapter 81 of title 5. (8) The resolution of claims relating to damage to or loss of personal property of the member incident to service under the Military Personnel and Civilian Employees Claims Act of 1964 ( 31 U.S.C. 3721 1 1 (9)  Section 651 of Public Law 104208 (c) A member of the Auxiliary, while assigned to duty, shall be deemed to be a person acting under an officer of the United States or an agency thereof for purposes of section 1442(a)(1) of title 28 (Added Pub. L. 104324, title IV,  403(a) Oct. 19, 1996 110 Stat. 3923 Pub. L. 107295, title IV,  415 Nov. 25, 2002 116 Stat. 2121 Pub. L. 109304,  17(c) Oct. 6, 2006 120 Stat. 1707 Pub. L. 114120, title II,  209(15) Feb. 8, 2016 130 Stat. 41 Pub. L. 115232, div. C, title XXXV,  3533(i) Aug. 13, 2018 132 Stat. 2321 Pub. L. 115282, title I,  119(b) Dec. 4, 2018 132 Stat. 4236  Editorial Notes  References in Text The Military Personnel and Civilian Employees Claims Act of 1964, referred to in subsec. (b)(8), is Pub. L. 88558 Aug. 31, 1964 78 Stat. 767 section 2735 of Title 10 section 490 of this title section 2732 of Title 10 Pub. L. 97258,  5(b) Sept. 13, 1982 96 Stat. 1068 section 101 of Title 31 Section 651 of Public Law 104208 Pub. L. 104208 section 8133 of Title 5 Amendments 2018 Pub. L. 115282 section 823a of this title Subsec. (b)(9). Pub. L. 115232 January 1, 2001 2016Subsec. (b)(1). Pub. L. 114120 2006Subsec. (b)(3) to (5). Pub. L. 109304 (3) The Act of March 3, 1925 (4) The Act of March 9, 1920 (5) The Act of June 19, 1948 2002Subsec. (b)(9). Pub. L. 107295  3905. Disenrollment  Members of the Auxiliary may be disenrolled pursuant to applicable regulations. ( Aug. 4, 1949, ch. 393 63 Stat. 555 Pub. L. 115282, title I,  119(b) Dec. 4, 2018 132 Stat. 4236  Historical and Revision Notes Experience has shown that it is desirable to have a statute definitely providing for separation of Auxiliarists from the organization. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 824 of this title  3906. Membership in other organizations  Members of the Auxiliary may be appointed or enlisted in the Reserve, pursuant to applicable regulations, and membership in the Auxiliary shall not be a bar to membership in any other naval or military organization. ( Aug. 4, 1949, ch. 393 63 Stat. 555 Pub. L. 115282, title I,  119(b) Dec. 4, 2018 132 Stat. 4236  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  264 ( Feb. 19, 1941, ch. 8 55 Stat. 10 Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 825 of this title  3907. Use of members facilities (a)  Motor Boats, Yachts, Aircraft, and Radio Stations The Coast Guard may utilize for any purpose incident to carrying out its functions and duties as authorized by the Secretary any motorboat, yacht, aircraft, or radio station placed at its disposition for any of such purposes by any member of the Auxiliary, by any corporation, partnership, or association, or by any State or political subdivision thereof. (b)  Motor Vehicles The Coast Guard may utilize to carry out its functions and duties as authorized by the Secretary any motor vehicle (as defined in section 30102 of title 49 ( Aug. 4, 1949, ch. 393 63 Stat. 555 Aug. 3, 1950, ch. 536,  35 64 Stat. 408 Pub. L. 109241, title II,  208(a) July 11, 2006 120 Stat. 522 Pub. L. 115232, div. C, title XXXV,  3533(j) Aug. 13, 2018 132 Stat. 2321 Pub. L. 115282, title I,  119(b) Dec. 4, 2018 132 Stat. 4236  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  265 ( Feb. 19, 1941, ch. 8 55 Stat. 10 Nov. 23, 1942, ch. 639,  2(1) 56 Stat. 1021 Sept. 30, 1944, ch. 453,  3 58 Stat. 760 Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 826 of this title Subsec. (b). Pub. L. 115232 section 30102 of title 49 section 154 of title 23 2006 Pub. L. 109241 1950Act Aug. 3, 1950  3908. Vessel deemed public vessel  While assigned to authorized Coast Guard duty, any motorboat or yacht shall be deemed to be a public vessel of the United States and a vessel of the Coast Guard within the meaning of sections 937 and 938 of this title and other applicable provisions of law. ( Aug. 4, 1949, ch. 393 63 Stat. 555 Pub. L. 104324, title IV,  406 Oct. 19, 1996 110 Stat. 3924 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4236  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  266 ( Feb. 19, 1941, ch. 8 55 Stat. 10 Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282,  123(b)(2) Pub. L. 115282,  119(b) section 827 of this title 1996 Pub. L. 104324 section 646 of this title  3909. Aircraft deemed public aircraft  While assigned to authorized Coast Guard duty, any aircraft shall be deemed to be a Coast Guard aircraft, a public vessel of the United States, and a vessel of the Coast Guard within the meaning of sections 937 and 938 of this title and other applicable provisions of law. Subject to the provisions of sections 3904 and 3912 of this title, while assigned to duty, qualified Auxiliary pilots shall be deemed to be Coast Guard pilots. ( Aug. 4, 1949, ch. 393 63 Stat. 556 Pub. L. 104324, title IV,  407 Oct. 19, 1996 110 Stat. 3925 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4236  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  266a ( Feb. 19, 1941, ch. 8 Sept. 30, 1944, ch. 453,  4 58 Stat. 760 The last clause of said section is eliminated because it might be construed to exempt planes of members from being licensed according to law. Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282,  123(b)(2) Pub. L. 115282,  119(b) section 828 of this title 1996 Pub. L. 104324 section 646 of this title  3910. Radio station deemed government station  Any radio station, while assigned to authorized Coast Guard duty shall be deemed to be a radio station of the Coast Guard and a government station within the meaning of section 305 of the Communications Act of 1934 ( 47 U.S.C. 305 ( Aug. 4, 1949, ch. 393 63 Stat. 556 Pub. L. 94546,  1(38) Oct. 18, 1976 90 Stat. 2522 Pub. L. 99640,  10(a)(8) Nov. 10, 1986 100 Stat. 3549 Pub. L. 115282, title I,  119(b) Dec. 4, 2018 132 Stat. 4236  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  266b ( Feb. 19, 1941, ch. 8 Sept. 30, 1944, ch. 453,  4 58 Stat. 760 Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 829 of this title 1986 Pub. L. 99640 1976 Pub. L. 94546 47 U.S.C. 305  3911. Availability of appropriations (a) Appropriations of the Coast Guard shall be available for the payment of actual necessary traveling expense and subsistence, or commutation of ration allowance in lieu of subsistence, of members of the Auxiliary assigned to authorized duties and for actual necessary expenses of operation of any motorboat, yacht, aircraft, radio station, or motorized vehicle utilized under section 3907(b) when assigned to Coast Guard duty, but shall not be available for the payment of compensation for personal services, incident to such operation, other than to personnel of the Coast Guard or the Reserve. The term actual necessary expenses of operation, as used in this section, shall include payment for fuel, oil, power, water, supplies, provisions, replacement or repair of equipment, repair of any damaged motorboat, yacht, aircraft, radio station, or motorized vehicle utilized under section 3907(b) and for the constructive or actual loss of any motorboat, yacht, aircraft, radio station, or motorized vehicle utilized under section 3907(b) where it is determined, under applicable regulations, that responsibility for the loss or damage necessitating such replacement or repair of equipment, or for the damage or loss, constructive or actual, of such motorboat, yacht, aircraft, radio station, or motorized vehicle utilized under section 3907(b) rests with the Coast Guard. (b) The Secretary may pay interest on a claim under this section in any case in which a payment authorized under this section is not made within 60 days after the submission of the claim in a manner prescribed by the Secretary. The rate of interest for purposes of this section shall be the annual rate established under section 6621 of the Internal Revenue Code of 1986. ( Aug. 4, 1949, ch. 393 63 Stat. 556 Pub. L. 99640,  8 Nov. 10, 1986 100 Stat. 3548 Pub. L. 104324, title IV,  404(a) Oct. 19, 1996 110 Stat. 3924 Pub. L. 109241, title II,  208(b) July 11, 2006 120 Stat. 522 Pub. L. 115232, div. C, title XXXV,  3533(k) Aug. 13, 2018 132 Stat. 2321 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4236  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  267 ( Feb. 19, 1941, ch. 8 55 Stat. 10 June 6, 1942, ch. 385,  1(1) 56 Stat. 329 Sept. 30, 1944, ch. 449,  2 58 Stat. 757 Sept. 30, 1944, ch. 453,  5 58 Stat. 760 Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes  References in Text Section 6621 of the Internal Revenue Code of 1986, referred to in subsec. (b), is classified to section 6621 of Title 26 Amendments 2018 Pub. L. 115282,  119(b) section 830 of this title Subsec. (a). Pub. L. 115282,  123(b)(2) Subsec. (b). Pub. L. 115232 2006Subsec. (a). Pub. L. 109241 1996Subsec. (a). Pub. L. 104324 1986 Pub. L. 99640  3912. Assignment and performance of duties  No member of the Auxiliary, solely by reason of such membership, shall be vested with, or exercise, any right, privilege, power, or duty vested in or imposed upon the personnel of the Coast Guard or the Reserve, except that any such member may, under applicable regulations, be assigned duties, which, after appropriate training and examination, he has been found competent to perform, to effectuate the purposes of the Auxiliary. No member of the Auxiliary shall be placed in charge of a motorboat, yacht, aircraft, or radio station assigned to Coast Guard duty unless he has been specifically designated by authority of the Commandant to perform such duty. Members of the Auxiliary, when assigned to duties as herein authorized shall, unless otherwise limited by the Commandant, be vested with the same power and authority, in the execution of such duties, as members of the regular Coast Guard assigned to similar duty. When any member of the Auxiliary is assigned to such duty he may, pursuant to regulations issued by the Secretary, be paid actual necessary traveling expenses, including a per diem allowance in conformity with standardized Government travel regulations in lieu of subsistence, while traveling and while on duty away from his home. No per diem shall be paid for any period during which quarters and subsistence in kind are furnished by the Government, and no per diem shall be paid for any period while such member is performing duty on a vessel. ( Aug. 4, 1949, ch. 393 63 Stat. 556 Pub. L. 104324, title IV,  404(b) Oct. 19, 1996 110 Stat. 3924 Pub. L. 115282, title I,  119(b) Dec. 4, 2018 132 Stat. 4236  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  268 ( Feb. 19, 1941, ch. 8 55 Stat. 10 July 11, 1941, ch. 290,  10(1) 55 Stat. 587 Sept. 30, 1944, ch. 453,  6 58 Stat. 761 Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 831 of this title 1996 Pub. L. 104324  3913. Injury or death in line of duty  When any member of the Auxiliary is physically injured or dies as a result of physical injury incurred while performing any duty to which he has been assigned by competent Coast Guard authority, such member or his beneficiary shall be entitled to the same benefits provided for temporary members of the Reserve who suffer physical injury or death resulting from physical injury incurred incident to service. Members of the Auxiliary who incur physical injury or contract sickness or disease while performing any duty to which they have been assigned by competent Coast Guard authority shall be entitled to the same hospital treatment afforded members of the Coast Guard. The performance of a duty as the term is used in this section includes time engaged in traveling back and forth between the place of assigned duty and the permanent residence of a member of the Auxiliary. ( Aug. 4, 1949, ch. 393 63 Stat. 556 Pub. L. 93283,  1(15) May 14, 1974 88 Stat. 141 Pub. L. 98557,  15(a)(3)(D) Oct. 30, 1984 98 Stat. 2865 Pub. L. 104324, title IV,  404(c) Oct. 19, 1996 110 Stat. 3924 Pub. L. 115282, title I,  119(b) Dec. 4, 2018 132 Stat. 4236  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  270 ( Feb. 19, 1941, ch. 8 Sept. 30, 1944, ch. 453,  7 58 Stat. 761 Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 832 of this title 1996 Pub. L. 104324 1984 Pub. L. 98557 1974 Pub. L. 93283 CHAPTER 41 GENERAL PROVISIONS FOR COAST GUARD RESERVE AND AUXILIARY    Sec.  4101. Flags; pennants; uniforms and insignia.  4102. Penalty.  4103. Limitation on rights of members of the Auxiliary and temporary members of the Reserve.  4104. Availability of facilities and appropriations.  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  120(a) Dec. 4, 2018 132 Stat. 4237  4101. Flags; pennants; uniforms and insignia  The Secretary may prescribe one or more suitable distinguishing flags, pennants, or other identifying insignia to be displayed by the motorboats, yachts, aircraft, and radio stations owned by members of the Auxiliary and one or more suitable insignia which may be worn by members of the Reserve or the Auxiliary, and may prescribe one or more suitable uniforms which may be worn by members of the Auxiliary. Such flags, pennants, uniforms, and insignia may be furnished by the Coast Guard at actual cost, and the proceeds received therefor shall be credited to current appropriations from which purchase of these articles is authorized. ( Aug. 4, 1949, ch. 393 63 Stat. 557 Pub. L. 115282, title I,  120(b) Dec. 4, 2018 132 Stat. 4237  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  352 ( Feb. 19, 1941, ch. 8 55 Stat. 13 Sept. 30, 1944, ch. 453,  9 58 Stat. 761 Said section has been divided. The first two sentences are placed in this section. The last sentence is placed in section 892 of this title Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 891 of this title  4102. Penalty  Whoever, without proper authority, flies from any building, aircraft, motorboat, yacht, or other vessel, any flag or pennant or displays any identifying insignia or wears any uniform or insignia of the Reserve or the Auxiliary shall be fined not more than $500. ( Aug. 4, 1949, ch. 393 63 Stat. 557 Pub. L. 115282, title I,  120(b) Dec. 4, 2018 132 Stat. 4237  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  352 ( Feb. 19, 1941, ch. 8 55 Stat. 13 Sept. 30, 1944, ch. 453,  9 58 Stat. 761 Said section has been divided. The last sentence is placed in this section. The first two sentences are placed in section 891 of this title Editorial Notes Amendments 2018 Pub. L. 115282 section 892 of this title  4103. Limitation on rights of members of the Auxiliary and temporary members of the Reserve  Members of the Auxiliary and temporary members of the Reserve shall be entitled only to such rights, privileges, and benefits as are specifically set forth for them in this title or as may be specifically provided for them in any other Act of Congress. Any Act of Congress which grants rights, privileges, or benefits generally to military personnel, or among others, to personnel of the Coast Guard and the Coast Guard Reserve, without specifically granting such rights, privileges, or benefits to members of the Auxiliary or temporary members of the Reserve, shall not be deemed applicable to members of the Auxiliary or to temporary members of the Reserve. ( Aug. 4, 1949, ch. 393 63 Stat. 557 Pub. L. 115282, title I,  120(b) Dec. 4, 2018 132 Stat. 4237  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  271 ( Feb. 19, 1941, ch. 8 Sept. 30, 1944, ch. 453,  8 58 Stat. 761 Temporary members of the Reserve are included within the provisions of this section. Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 893 of this title  4104. Availability of facilities and appropriations  The services and facilities of and appropriations for the Coast Guard shall be available to effectuate the purposes of the Reserve and the Auxiliary. ( Aug. 4, 1949, ch. 393 63 Stat. 557 Pub. L. 115282, title I,  120(b) Dec. 4, 2018 132 Stat. 4237  Historical and Revision Notes Based on title 14, U.S.C., 1946 ed.,  354 ( Feb. 19, 1941, ch. 8 55 Stat. 14 Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes Amendments 2018 Pub. L. 115282 section 894 of this title SUBTITLE IV COAST GUARD AUTHORIZATIONS AND REPORTS TO CONGRESS    Chap. Sec.  49. Authorizations 4901  51. Reports 5101   Editorial Notes  Amendments  2018 Pub. L. 115282, title I,  121(a) Dec. 4, 2018 132 Stat. 4238 CHAPTER 49 AUTHORIZATIONS    Sec.  4901. Requirement for prior authorization of appropriations.  4902. Authorization of appropriations.  4903. Authorization of personnel end strengths.  4904. Authorized levels of military strength and training.  Editorial Notes Amendments 2018 Pub. L. 115282, title I,  121(a) Dec. 4, 2018 132 Stat. 4238  4901. Requirement for prior authorization of appropriations Amounts may be appropriated to or for the use of the Coast Guard for the following matters only if the amounts have been authorized by law after December 31, 1976 (1) For the operation and support of the Coast Guard, not otherwise provided for. (2) For the procurement, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, aircraft, and systems, including equipment related thereto, and for maintenance, rehabilitation, lease, and operation of facilities and equipment. (3) For research and development. 1 1 (Added Pub. L. 97295,  2(20)(A) Oct. 12, 1982 96 Stat. 1303 Pub. L. 101225, title II,  222(c) Dec. 12, 1989 103 Stat. 1919 Pub. L. 111259, title IV,  442(2) Oct. 7, 2010 124 Stat. 2733 Pub. L. 114120, title I,  101(b) Feb. 8, 2016 130 Stat. 30 Pub. L. 115232, div. C, title XXXV,  3538(a) Aug. 13, 2018 132 Stat. 2322 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4238 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4760        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  662 14:656(note). Sept. 10, 1976 Pub. L. 94406,  5 90 Stat. 1236 The word Amounts is substituted for funds for clarity and consistency. Before clause (1), the words After fiscal year 1977 are omitted as executed. The words of such funds are omitted as unnecessary. In clause (2), the words aids, establishments, vessels, or aircraft are substituted for thereto for clarity. In clause (4), the words a matter referred to in clauses (1)(3) are substituted for any of the above for clarity. Editorial Notes Amendments 2021Par. (1). Pub. L. 116283,  8513(a)(5)(A) Par. (2). Pub. L. 116283,  8513(a)(5)(B) Par. (3). Pub. L. 116283,  8513(a)(5)(C) Par. (4). Pub. L. 116283,  8513(a)(5)(C) section 318 of this title Par. (5). Pub. L. 116283,  8513(a)(5)(D) Par. (6). Pub. L. 116283,  8513(a)(5)(C) 2018 Pub. L. 115282,  121(b) section 2701 of this title Par. (2). Pub. L. 115232 Par. (4). Pub. L. 115282,  123(c)(5)(A) 2016 Pub. L. 114120,  101(b)(1) section 662 of this title Pars. (1) to (6). Pub. L. 114120,  101(b)(3) (1) For the operation and maintenance of the Coast Guard. (2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore or offshore establishments, vessels, or aircraft, including equipment related to the aids, establishments, vessels, or aircraft. (3) For altering obstructive bridges. (4) For research, development, test, or evaluation related to intelligence systems and capabilities or a matter referred to in clauses (1)(3). (5) For environmental compliance and restoration at Coast Guard facilities. 2010Par. (4). Pub. L. 111259 1989Par. (5). Pub. L. 101225  4902. Authorizations of appropriations Funds are authorized to be appropriated for fiscal years 2022 and 2023 for necessary expenses of the Coast Guard as follows: (1) (A) For the operation and maintenance of the Coast Guard, not otherwise provided for (i) $10,000,000,000 for fiscal year 2022; and (ii) $10,750,000,000 for fiscal year 2023. (B) Of the amount authorized under subparagraph (A)(i), $23,456,000 shall be for environmental compliance and restoration. (C) Of the amount authorized under subparagraph (A)(ii), $24,353,000 shall be for environmental compliance and restoration. (2) (A) For the procurement, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, aircraft, and systems, including equipment related thereto, and for maintenance, rehabilitation, lease, and operation of facilities and equipment (i) $3,312,114,000 for fiscal year 2022; and (ii) $3,477,600,000 for fiscal year 2023. (B) Of the amounts authorized under subparagraph (A), the following amounts shall be for the alteration of bridges: (i) $20,400,000 for fiscal year 2022; and (ii) $20,808,000 for fiscal year 2023. (3) To the Commandant for research, development, test, and evaluation of technologies, materials, and human factors directly related to improving the performance of the Coast Guards mission with respect to search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness, and for maintenance, rehabilitation, lease, and operation of facilities and equipment (A) $7,476,000 for fiscal year 2022; and (B) $14,681,084 for fiscal year 2023. (4) For the Coast Guards Medicare-eligible retiree health care fund contribution to the Department of Defense (A) $240,577,000 for fiscal year 2022; and (B) $252,887,000 for fiscal year 2023. (Added Pub. L. 114120, title I,  101(a) Feb. 8, 2016 130 Stat. 29 Pub. L. 114328, div. C, title XXXV,  3503(d)(1) Dec. 23, 2016 130 Stat. 2775 Pub. L. 115232, div. C, title XXXV Aug. 13, 2018 132 Stat. 2320 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4238 Pub. L. 116283, div. G, title LVXXXI Jan. 1, 2021 134 Stat. 4634 Pub. L. 117263, div. K, title CXI,  11101 Dec. 23, 2022 136 Stat. 4003  Editorial Notes Amendments 2022 Pub. L. 117263,  11101(1) Par. (1)(A). Pub. L. 117263,  11101(2)(A) (i) $8,151,620,850 for fiscal year 2020; and (ii) $8,396,169,475 for fiscal year 2021. Par. (1)(B). Pub. L. 117263,  11101(2)(B) Par. (1)(C). Pub. L. 117263,  11101(2)(C) Par. (2)(A). Pub. L. 117263,  11101(3)(A) (i) $2,794,745,000 for fiscal year 2020; and (ii) $3,312,114,000 for fiscal year 2021. Par. (2)(B). Pub. L. 117263,  11101(3)(B) (i) $10,000,000 for fiscal year 2020; and (ii) $20,000,000 for fiscal year 2021. Par. (3). Pub. L. 117263,  11101(4) (A) $13,834,000 for fiscal year 2020; and (B) $14,111,000 for fiscal year 2021. Par. (4). Pub. L. 117263,  11101(5) (A) $205,107,000 for fiscal year 2020; and (B) $209,209,000 for fiscal year 2021. 2021 Pub. L. 116283,  8101(1) Par. (1)(A). Pub. L. 116283,  8101(2) Par. (1)(B). Pub. L. 116283,  8101(3) (i) $16,701,000 shall be for environmental compliance and restoration; and (ii) $199,360,000 shall be for the Coast Guards Medicare-eligible retiree health care fund contribution to the Department of Defense. Par. (1)(C). Pub. L. 116283,  8101(5) Par. (2). Pub. L. 116283,  8101(6) Par. (3). Pub. L. 116283,  8101(7) Par. (4). Pub. L. 116283,  8101(8) 2018 Pub. L. 115282,  202(b) Pub. L. 115282,  202(a) Pub. L. 115282,  121(b) section 2702 of this title Par. (2). Pub. L. 115232,  3538(b) Par. (4). Pub. L. 115282,  123(c)(5)(B) Par. (5). Pub. L. 115232,  3531(c)(14) 2016Par. (1)(B). Pub. L. 114328,  3503(d)(1)(A) Par. (3)(B). Pub. L. 114328,  3503(d)(1)(B) Statutory Notes and Related Subsidiaries Effective Date of 2018 Amendment Pub. L. 115282, title II,  202(b) Dec. 4, 2018 132 Stat. 4242 October 1, 2018 Effective Date of 2016 Amendment Amendment by Pub. L. 114328 Pub. L. 114120 section 3503(e) of Pub. L. 114328 section 315 of this title  4903. Authorization of personnel end strengths (a) For each fiscal year, Congress shall authorize the strength for active duty personnel of the Coast Guard as of the end of that fiscal year. Amounts may be appropriated for a fiscal year to or for the use of active duty personnel of the Coast Guard only if the end strength for active duty personnel for that fiscal year has been authorized by law. If at the end of any fiscal year there is in effect a declaration of war or national emergency, the President may defer the effectiveness of any end-strength limitation with respect to that fiscal year prescribed by law for any military or civilian component of the Coast Guard, for a period not to exceed 6 months after the end of the war or termination of the national emergency. (b) (1) Congress shall authorize the average military training student loads for the Coast Guard for each fiscal year. That authorization is required for student loads for the following individual training categories: (A) Recruit and specialized training. (B) Flight training. (C) Professional training in military and civilian institutions. (D) Officer acquisition training. (2) Amounts may be appropriated for a fiscal year for use in training military personnel of the Coast Guard in the categories referred to in paragraph (1) only if the average student loads for the Coast Guard for that fiscal year have been authorized by law. (Added Pub. L. 97295,  2(20)(A) Oct. 12, 1982 96 Stat. 1302 Pub. L. 107295, title I,  105(a) Nov. 25, 2002 116 Stat. 2085 Pub. L. 114120, title I,  101(c) Feb. 8, 2016 130 Stat. 31 Pub. L. 115282, title I,  121(b) Dec. 4, 2018 132 Stat. 4238        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  661 14:ch. 11(note). Sept. 10, 1976 Pub. L. 94406,  6 90 Stat. 1236 The words after fiscal year 1977 are omitted as executed. The word Amounts is substituted for funds for clarity and consistency. Editorial Notes Amendments 2018 Pub. L. 115282 section 2703 of this title 2016 Pub. L. 114120 section 661 of this title 2002Subsec. (a). Pub. L. 107295  4904. Authorized levels of military strength and training (a)  Active Duty Strength The Coast Guard is authorized an end-of-year strength for active duty personnel of 44,500 for each of fiscal years 2022 and 2023. (b)  Military Training Student Loads The Coast Guard is authorized average military training student loads for each of fiscal years 2022 and 2023 as follows: (1) For recruit and special training, 2,500 student years. (2) For flight training, 165 student years. (3) For professional training in military and civilian institutions, 385 student years. (4) For officer acquisition, 1,200 student years. (Added Pub. L. 114120, title I,  101(a) Feb. 8, 2016 130 Stat. 29 Pub. L. 115282, title I,  121(b) Dec. 4, 2018 132 Stat. 4238 Pub. L. 116283, div. G, title LVXXXI Jan. 1, 2021 134 Stat. 4634 Pub. L. 117263, div. K, title CXI,  11102 Dec. 23, 2022 136 Stat. 4004  Editorial Notes Amendments 2022Subsec. (a). Pub. L. 117263,  11102(1) Subsec. (b). Pub. L. 117263,  11102(2) Subsec. (b)(3). Pub. L. 117263,  11413(c) 2021Subsec. (a). Pub. L. 116283,  8102(1) Subsec. (b). Pub. L. 116283,  8102(2) 2018 Pub. L. 115282 section 2704 of this title Subsec. (a). Pub. L. 115282,  203(1) Subsec. (b). Pub. L. 115282,  203(2) CHAPTER 51 REPORTS    Sec.  5101. Transmission of annual Coast Guard authorization request.  5102. Capital investment plan.  5103. Major acquisitions.  5104. Manpower requirements plan.  5105. Inventory of real property.  5106. Annual performance report.  5107. Major acquisition risk assessment.  5108. Unfunded priorities list.  5109. Report on gender diversity in the Coast Guard.  5110. Mission need statement.  5111. Report on diversity at Coast Guard Academy.  5112. Sexual assault and sexual harassment in the Coast Guard.  5113. Officers not on active duty promotion list.  5114. Expenses of performing and executing defense readiness missions.  5115. Major grants, contracts, or other transactions.  Editorial Notes Amendments 2022 Pub. L. 117263, div. K, title CXII Dec. 23, 2022 136 Stat. 4036 2021 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4653 2018 Pub. L. 115282, title I,  122(a) Dec. 4, 2018 132 Stat. 4239  5101. Transmission of annual Coast Guard authorization request (a)  In General Not later than 30 days after the date on which the President submits to Congress a budget for a fiscal year pursuant to section 1105 of title 31 (b)  Coast Guard Authorization Request Defined In this section, the term Coast Guard authorization request means a proposal for legislation that, with respect to the Coast Guard for the relevant fiscal year (1) recommends end strengths for personnel for that fiscal year, as described in section 4903; (2) recommends authorizations of appropriations for that fiscal year, including with respect to matters described in section 4901; and (3) addresses any other matter that the Secretary determines is appropriate for inclusion in a Coast Guard authorization bill. (Added Pub. L. 113281, title II,  216(a) Dec. 18, 2014 128 Stat. 3035 Pub. L. 114120, title I,  101(d)(1) Feb. 8, 2016 130 Stat. 31 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4239  Editorial Notes Amendments 2018 Pub. L. 115282,  122(b) section 2901 of this title Subsec. (b)(1). Pub. L. 115282,  123(b)(2) Subsec. (b)(2). Pub. L. 115282,  123(b)(2) 2016 Pub. L. 114120,  101(d)(1)(A) section 662a of this title Subsec. (b)(1). Pub. L. 114120,  101(d)(1)(C)(i) Subsec. (b)(2). Pub. L. 114120,  101(d)(1)(C)(ii)  5102. Capital investment plan (a)  In General Not later than 60 days after the date on which the President submits to Congress a budget pursuant to section 1105 of title 31 (1) the proposed appropriations included in the budget; (2) the total estimated cost of completion based on the proposed appropriations included in the budget; (3) projected funding levels for each fiscal year for the next 5 fiscal years or until project completion, whichever is earlier; (4) an estimated completion date based on the proposed appropriations included in the budget; (5) an acquisition program baseline, as applicable; and (6) projected commissioning and decommissioning dates for each asset. (b)  New Capital Assets In the fiscal year following each fiscal year for which appropriations are enacted for a new capital asset, the report submitted under subsection (a) shall include (1) an estimated life-cycle cost estimate for the new capital asset; (2) an assessment of the impact the new capital asset will have on (A) delivery dates for each capital asset; (B) estimated completion dates for each capital asset; (C) the total estimated cost to complete each capital asset; and (D) other planned construction or improvement projects; and (3) recommended funding levels for each capital asset necessary to meet the estimated completion dates and total estimated costs included in the such 1 1 (c)  Definitions In this section, the term new capital asset means (1) an acquisition program that does not have an approved acquisition program baseline; or (2) the acquisition of a capital asset in excess of the number included in the approved acquisition program baseline. (Added Pub. L. 97295,  2(20)(A) Oct. 12, 1982 96 Stat. 1303 Pub. L. 100448,  25 Sept. 28, 1988 102 Stat. 1847 Pub. L. 101595, title III,  311(c) Nov. 16, 1990 104 Stat. 2987 Pub. L. 107295, title IV,  408(a)(2) Nov. 25, 2002 116 Stat. 2117 Pub. L. 112213, title II,  213(a) Dec. 20, 2012 126 Stat. 1552 Pub. L. 114120, title I,  101(d)(2) Feb. 8, 2016 130 Stat. 31 Pub. L. 115232, div. C, title XXXV Aug. 13, 2018 132 Stat. 2316 Pub. L. 115282, title I,  122(b) Dec. 4, 2018 132 Stat. 4239        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  663 14:656(note). Oct. 3, 1980 Pub. L. 96376,  12 94 Stat. 1511 The words with the fiscal year 1982 budget request and subsequent are omitted as executed. Editorial Notes Amendments 2018 Pub. L. 115282,  122(b) section 2902 of this title Subsec. (a). Pub. L. 115282,  317(a)(1) section 1105 of title 31 (1) a capital investment plan for the Coast Guard that identifies for each capital asset for which appropriations are proposed in that budget (A) the proposed appropriations included in the budget; (B) the total estimated cost of completion based on the proposed appropriations included in the budget; (C) projected funding levels for each fiscal year for the next 5 fiscal years or until project completion, whichever is earlier; (D) an estimated completion date based on the proposed appropriations included in the budget; (E) an acquisition program baseline, as applicable; and (F) projected commissioning and decommissioning dates for each asset; and (2) a list of each unfunded priority for the Coast Guard. Pub. L. 115232 Subsec. (a)(1)(F). Pub. L. 115232,  3525(2) Subsec. (c). Pub. L. 115282,  317(a)(2) 2016 Pub. L. 114120,  101(d)(2) section 663 of this title Subsec. (a)(1)(B). Pub. L. 114120,  204(b)(1)(A) Subsec. (a)(1)(D). Pub. L. 114120,  204(b)(1)(B) Subsec. (b). Pub. L. 114120,  204(b)(2) Subsec. (c). Pub. L. 114120,  204(b)(2) (1) has not been selected for funding in the applicable proposed budget; (2) is necessary to fulfill a requirement associated with an operational need; and (3) the Commandant would have recommended for inclusion in the applicable proposed budget had additional resources been available or had the requirement emerged before the budget was submitted. 2012 Pub. L. 112213 section 1105 of title 31 2002 Pub. L. 107295 1990 Pub. L. 101595 1988 Pub. L. 100448 section 1105 of title 31 Statutory Notes and Related Subsidiaries Report on Shoreside Infrastructure and Facilities Projects Pub. L. 117263, div. K, title CXII,  11201 Dec. 23, 2022 136 Stat. 4006  (a)  In General Not less frequently than annually, the Commandant [of the Coast Guard] 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 that includes (1) a detailed list of Coast Guard shoreside infrastructure projects contemplated in each Coast Guard Sector area of responsibility and planned within the 7 years following the submission of the annual report for all Coast Guard facilities located within each Coast Guard Sector area of responsibility in the order of priority, including recapitalization, maintenance needs in excess of $100,000, dredging, and other shoreside infrastructure needs of the Coast Guard; (2) the estimated cost of projects to fulfill each project, to the extent available; and (3) a general description of the state of planning, including design and engineering, for each such project. (b)  Contents The report submitted under subsection (a) shall include all unfunded shoreside infrastructure and facility priorities meeting the criteria under subsection (a) recommended to the Commandant for consideration for inclusion in the unfunded priority list report to Congress under section 5108 of title 14 Ensuring Maritime Coverage Pub. L. 115282, title VIII,  817(d) Dec. 4, 2018 132 Stat. 4307 In order to meet Coast Guard mission requirements for search and rescue, ports, waterways, and coastal security, and maritime environmental response during recapitalization of Coast Guard vessels, the Coast Guard shall ensure continuity of the coverage, to the maximum extent practicable, in the locations that may lose assets. Additional Submissions Commandant of the Coast Guard shall submit to the Committee on Homeland Security of the House of Representatives each plan required under this section, see section 101(f) of Pub. L. 114120 section 5110 of this title Capital Investment Plan Pub. L. 111281, title IX,  918 Oct. 15, 2010 124 Stat. 3022 Pub. L. 112213, title II,  213(c)(3) Dec. 20, 2012 126 Stat. 1553 Deepwater Reports Pub. L. 109241, title IV,  408 July 11, 2006 120 Stat. 537 Pub. L. 112213, title II,  210(c)(1) Dec. 20, 2012 126 Stat. 1551  [(a) Repealed. Pub. L. 112213, title II,  210(c)(1) Dec. 20, 2012 126 Stat. 1551 (b)  Deepwater Acceleration Report Not later than 30 days after the date of enactment of this Act [ July 11, 2006 (1) a detailed explanation of the number and type of each asset that would be procured for each fiscal year under each accelerated acquisition timeline; (2) the required funding for such completion under each accelerated acquisition timeline; (3) anticipated costs associated with legacy asset sustainment for the Deepwater program under each accelerated acquisition timeline; (4) anticipated mission deficiencies, if any, associated with the continued degradation of legacy assets in combination with the procurement of new assets under each accelerated acquisition timeline; and (5) an evaluation of the overall feasibility of achieving each accelerated acquisition timeline, including (A) contractor capacity; (B) national shipbuilding capacity; (C) asset integration into Coast Guard facilities; (D) required personnel; and (E) training infrastructure capacity on technology associated with new assets. (c)  Oversight Report Not later than 90 days after the date of enactment of this Act [ July 11, 2006 (d)  Independent Analysis of Revised Deepwater Plan The Secretary may periodically, either through an internal review process or a contract with an outside entity, conduct an analysis of all or part of the Deepwater program and assess whether (1) the choice of assets and capabilities selected as part of that program meets the Coast Guards goals for performance and minimizing total ownership costs; or (2) additional or different assets should be considered as part of that program. Revised Deepwater Implementation Plan Pub. L. 11183, title II Oct. 28, 2009 123 Stat. 2153 That the Secretary [of Homeland Security] shall submit to the Committees on Appropriations of the Senate and the House of Representatives, in conjunction with the fiscal year 2011 budget request, a comprehensive review of the Revised Deepwater Implementation Plan, and every 5 years thereafter, that includes a complete projection of the acquisition costs and schedule for the duration of the plan. Similar provisions were contained in the following prior appropriation acts: Pub. L. 110329, div. D, title II Sept. 30, 2008 122 Stat. 3665 Pub. L. 110161, div. E, title II Dec. 26, 2007 121 Stat. 2056 Pub. L. 109295, title II Oct. 4, 2006 120 Stat. 1365 Pub. L. 10990, title II Oct. 18, 2005 119 Stat. 2072 Future-Years Capital Investment Plan Pub. L. 1136, div. D, title II Mar. 26, 2013 127 Stat. 351  That the Commandant of the Coast Guard shall submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time that the Presidents budget is submitted each year under section 1105(a) of title 31 (1) the proposed appropriations included in that budget; (2) the total estimated cost of completion, including and clearly delineating the costs of associated major acquisition systems infrastructure and transition to operations; (3) projected funding levels for each fiscal year for the next 5 fiscal years or until acquisition program baseline or project completion, whichever is earlier; (4) an estimated completion date at the projected funding levels; and (5) a current acquisition program baseline for each capital asset, as applicable, that (A) includes the total acquisition cost of each asset, subdivided by fiscal year and including a detailed description of the purpose of the proposed funding levels for each fiscal year, including for each fiscal year funds requested for design, pre-acquisition activities, production, structural modifications, missionization, post-delivery, and transition to operations costs; (B) includes a detailed project schedule through completion, subdivided by fiscal year, that details (i) quantities planned for each fiscal year; and (ii) major acquisition and project events, including development of operational requirements, contracting actions, design reviews, production, delivery, test and evaluation, and transition to operations, including necessary training, shore infrastructure, and logistics; (C) notes and explains any deviations in cost, performance parameters, schedule, or estimated date of completion from the original acquisition program baseline and the most recent baseline approved by the Department of Homeland Securitys Acquisition Review Board, if applicable; (D) aligns the acquisition of each asset to mission requirements by defining existing capabilities of comparable legacy assets, identifying known capability gaps between such existing capabilities and stated mission requirements, and explaining how the acquisition of each asset will address such known capability gaps; (E) defines life-cycle costs for each asset and the date of the estimate on which such costs are based, including all associated costs of major acquisitions systems infrastructure and transition to operations, delineated by purpose and fiscal year for the projected service life of the asset; (F) includes the earned value management system summary schedule performance index and cost performance index for each asset, if applicable; and (G) includes a phase-out and decommissioning schedule delineated by fiscal year for each existing legacy asset that each asset is intended to replace or recapitalize: Provided further section 1105(a) of title 31 Provided further Similar provisions were contained in the following appropriation acts: Pub. L. 114113, div. F, title II Dec. 18, 2015 129 Stat. 2501 Pub. L. 1144, title II Mar. 4, 2015 129 Stat. 48 Pub. L. 11376, div. F, title II Jan. 17, 2014 128 Stat. 256 Pub. L. 11274, div. D, title II Dec. 23, 2011 125 Stat. 954 Pub. L. 11183, title II Oct. 28, 2009 123 Stat. 2153 Pub. L. 110329, div. D, title II Sept. 30, 2008 122 Stat. 3665 Pub. L. 110161, div. E, title II Dec. 26, 2007 121 Stat. 2056 Pub. L. 109295, title II Oct. 4, 2006 120 Stat. 1365 Pub. L. 10990, title II Oct. 18, 2005 119 Stat. 2072 Pub. L. 108334, title II Oct. 18, 2004 118 Stat. 1306 Unfunded Priorities Pub. L. 108334, title V,  514 Oct. 18, 2004 118 Stat. 1317 The Commandant of the Coast Guard shall provide to the Congress each year, at the time that the Presidents budget is submitted under section 1105(a) of title 31 Status Reports on Polar Icebreaking Vessels Pub. L. 99640,  15 Nov. 10, 1986 100 Stat. 3552 The Secretary of the department in which the Coast Guard is operating shall provide detailed reports to Congress concerning the status of design and construction plans for the procurement of at least two new polar icebreaking vessels. Such reports shall be included in the Cutter Plan required annually by section 663 [now 5102] of title 14, United States Code, and shall be submitted each year until at least two new polar icebreaking vessels have been delivered to the Coast Guard.  5103. Major acquisitions (a)  In General In conjunction with the transmittal by the President to Congress of the budget of the United States for fiscal year 2014 and biennially thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status of all major acquisition programs. (b)  Information To Be Included Each report under subsection (a) shall include for each major acquisition program (1) a statement of the Coast Guards mission needs and performance goals relating to such program, including a justification for any change to those needs and goals subsequent to a report previously submitted under this section; (2) a justification explaining how the projected number and capabilities of assets acquired under such program meet applicable mission needs and performance goals; (3) an identification of any and all mission hour gaps, accompanied by an explanation of how and when the Coast Guard will close those gaps; (4) an identification of any changes with respect to such program, including (A) any changes to the timeline for the acquisition of each new asset and the phaseout of legacy assets; and (B) any changes to (i) the costs of new assets or legacy assets for that fiscal year or future fiscal years; or (ii) the total acquisition cost; (5) a justification explaining how any change to such program fulfills the mission needs and performance goals of the Coast Guard; (6) a description of how the Coast Guard is planning for the integration of each new asset acquired under such program into the Coast Guard, including needs related to shore-based infrastructure and human resources; (7) an identification of how funds in the applicable fiscal years budget request will be allocated, including information on the purchase of specific assets; (8) a projection of the remaining operational lifespan and life-cycle cost of each legacy asset that also identifies any anticipated resource gaps; (9) a detailed explanation of how the costs of legacy assets are being accounted for within such program; and (10) an annual performance comparison of new assets to legacy assets. (c)  Adequacy of Acquisition Workforce Each report under subsection (a) shall (1) include information on the scope of the acquisition activities to be performed in the next fiscal year and on the adequacy of the current acquisition workforce to meet that anticipated workload; (2) specify the number of officers, members, and employees of the Coast Guard currently and planned to be assigned to each position designated under section 1102(c); 1 1 (3) identify positions that are or will be understaffed and actions that will be taken to correct such understaffing. (d)  Cutters Not Maintained in Class Each report under subsection (a) shall identify which, if any, Coast Guard cutters that have been issued a certificate of classification by the American Bureau of Shipping have not been maintained in class, with an explanation detailing the reasons why the cutters have not been maintained in class. (e)  Long-term Major Acquisitions Plan Each report under subsection (a) shall include a plan that describes for the upcoming fiscal year, and for each of the 20 fiscal years thereafter (1) the numbers and types of cutters and aircraft to be decommissioned; (2) the numbers and types of cutters and aircraft to be acquired to (A) replace the cutters and aircraft identified under paragraph (1); or (B) address an identified capability gap; and (3) the estimated level of funding in each fiscal year required to (A) acquire the cutters and aircraft identified under paragraph (2); (B) operate and sustain the cutters and aircraft described in paragraph (2); (C) acquire related command, control, communications, computer, intelligence, surveillance, and reconnaissance systems; and (D) acquire, construct, or renovate shoreside infrastructure. (f)  Major Acquisition Program Defined In this section, the term major acquisition program means an ongoing acquisition undertaken by the Coast Guard with a life-cycle cost estimate greater than or equal to $300,000,000. (Added Pub. L. 112213, title II,  210(a) Dec. 20, 2012 126 Stat. 1550 Pub. L. 114120, title I,  101(d)(3) Feb. 8, 2016 130 Stat. 31 Pub. L. 115232, div. C, title XXXV,  3526(c) Aug. 13, 2018 132 Stat. 2317 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4239 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4650  Editorial Notes  References in Text Section 1102(c), referred to in subsec. (c)(2), was, prior to amendment of this section by Pub. L. 115282 section 562(c) of this title Pub. L. 114328, div. A, title VIII,  899(b)(1)(B) Dec. 23, 2016 130 Stat. 2333 Section 562 of this title section 1102 of this title Pub. L. 115282, title I,  108(b)(2) Dec. 4, 2018 132 Stat. 4208 Amendments 2021Subsec. (e)(3)(B) to (D). Pub. L. 116283 2018 Pub. L. 115282,  122(b) section 2903 of this title Subsec. (c)(2). Pub. L. 115282,  123(b)(2) Subsecs. (f), (g). Pub. L. 115232 2016 Pub. L. 114120,  101(d)(3)(A) section 569a of this title Subsec. (c)(2). Pub. L. 114120,  101(d)(3)(C) Subsecs. (e) to (g). Pub. L. 114120,  204(e) Statutory Notes and Related Subsidiaries Additional Submissions Commandant of the Coast Guard shall submit to the Committee on Homeland Security of the House of Representatives each plan required under subsection (e) of this section, see section 101(f) of Pub. L. 114120 section 5110 of this title  5104. Manpower requirements plan (a)  In General On the date on which the President submits to the Congress a budget for fiscal year 2017 under section 1105 of title 31 (b)  Scope A manpower requirements plan submitted under subsection (a) shall include for each mission of the Coast Guard (1) an assessment of all projected mission requirements for the upcoming fiscal year and for each of the 3 fiscal years thereafter; (2) the number of active duty, reserve, and civilian personnel assigned or available to fulfill such mission requirements (A) currently; and (B) as projected for the upcoming fiscal year and each of the 3 fiscal years thereafter; (3) the number of active duty, reserve, and civilian personnel required to fulfill such mission requirements (A) currently; and (B) as projected for the upcoming fiscal year and each of the 3 fiscal years thereafter; (4) an identification of any capability gaps between mission requirements and mission performance caused by deficiencies in the numbers of personnel available (A) currently; and (B) as projected for the upcoming fiscal year and each of the 3 fiscal years thereafter; and (5) an identification of the actions the Commandant will take to address capability gaps identified under paragraph (4). (c)  Consideration In composing a manpower requirements plan for submission under subsection (a), the Commandant shall consider (1) the marine safety strategy required under section 2116 of title 46 (2) information on the adequacy of the acquisition workforce included in the most recent report under section 5103 of this title (3) any other Federal strategic planning effort the Commandant considers appropriate. (Added Pub. L. 114120, title I,  101(a) Feb. 8, 2016 130 Stat. 30 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4239  Editorial Notes Amendments 2018 Pub. L. 115282,  122(b) section 2904 of this title Subsec. (c)(2). Pub. L. 115282,  123(b)(2) Statutory Notes and Related Subsidiaries Additional Submissions Commandant of the Coast Guard shall submit to the Committee on Homeland Security of the House of Representatives each plan required under this section, see section 101(f) of Pub. L. 114120 section 5110 of this title  5105. Inventory of real property (a)  In General The Commandant shall maintain an inventory of all real property, including submerged lands, under the control of the Coast Guard, which shall include (1) the size, the location, and any other appropriate description of each unit of such property; (2) an assessment of the physical condition of each unit of such property, excluding lands; (3) a determination of whether each unit of such property should be (A) retained to fulfill a current or projected Coast Guard mission requirement; or (B) subject to divestiture; and (4) other information the Commandant considers appropriate. (b)  Updates The Commandant shall update information on each unit of real property included in the inventory required under subsection (a) not later than 30 days after any change relating to the control of such property. (c)  Recommendations to Congress Not later than March 30, 2016 (1) a list of all real property under the control of the Coast Guard and the location of such property by property type; (2) recommendations for divestiture with respect to any units of such property; and (3) recommendations for consolidating any units of such property, including (A) an estimate of the costs or savings associated with each recommended consolidation; and (B) a discussion of the impact that such consolidation would have on Coast Guard mission effectiveness. (Added Pub. L. 113281, title II,  217(a) Dec. 18, 2014 128 Stat. 3035 Pub. L. 115232, div. C, title XXXV,  3539 Aug. 13, 2018 132 Stat. 2322 Pub. L. 115282, title I,  122(b) Dec. 4, 2018 132 Stat. 4239  Editorial Notes Amendments 2018 Pub. L. 115282 section 679 of this title Subsec. (a). Pub. L. 115232,  3539(1) September 30, 2015 Subsec. (b). Pub. L. 115232,  3539(2) (1) maintain the inventory required under subsection (a) on an ongoing basis; and (2) update information on each unit of real property included in such inventory not later than 30 days after any change relating to the control of such property.  5106. Annual performance report  Not later than the date on which the President submits to Congress a budget pursuant to section 1105 of title 31 (Added Pub. L. 115232, div. C, title XXXV,  3521(b)(1) Aug. 13, 2018 132 Stat. 2314 Pub. L. 115282, title I,  122(b) Dec. 4, 2018 132 Stat. 4239  Editorial Notes Amendments 2018 Pub. L. 115282 section 2905 of this title  5107. Major acquisition program risk assessment (a)  In General Not later than October 15 of each year, the Commandant of the Coast Guard shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing regarding a current assessment of the risks associated with all current major acquisition programs, as that term is defined in section 5103(f). (b)  Elements Each assessment under this subsection shall include, for each current major acquisition program, discussion of the following: (1) The top five current risks to such program. (2) Any failure of such program to demonstrate a key performance parameter or threshold during operational test and evaluation conducted during the previous fiscal year. (3) Whether there has been any decision in such fiscal year to order full-rate production before all key performance parameters or thresholds are met. (4) Whether there has been any breach of major acquisition program cost (as defined by the Major Systems Acquisition Manual) in such fiscal year. (5) Whether there has been any breach of major acquisition program schedule (as so defined) during such fiscal year. (Added Pub. L. 115232, div. C, title XXXV,  3526(a) Aug. 13, 2018 132 Stat. 2317 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4239 Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4667  Editorial Notes Amendments 2021Subsec. (a). Pub. L. 116283,  8240(e)(1) Subsec. (b)(2). Pub. L. 116283,  8240(e)(2)(A) Subsec. (b)(3). Pub. L. 116283,  8240(e)(2)(B) Subsec. (b)(4). Pub. L. 116283,  8240(e)(2)(C) Subsec. (b)(5). Pub. L. 116283,  8240(e)(2)(D) 2018 Pub. L. 115282,  122(b) section 2906 of this title Subsec. (a). Pub. L. 115282,  123(b)(2)  5108. Unfunded priorities list (a)  In General Not later than 60 days after the date on which the President submits to Congress a budget pursuant to section 1105 of title 31 (b)  Prioritization The list required under subsection (a) shall present the unfunded priorities in order from the highest priority to the lowest, as determined by the Commandant. (c)  Unfunded Priority Defined In this section, the term unfunded priority means a program or mission requirement that (1) has not been selected for funding in the applicable proposed budget; (2) is necessary to fulfill a requirement associated with an operational need; and (3) the Commandant would have recommended for inclusion in the applicable proposed budget had additional resources been available or had the requirement emerged before the budget was submitted. (Added Pub. L. 115282, title III,  317(b) Dec. 4, 2018 132 Stat. 4251  5109. Report on gender diversity in the Coast Guard (a)  In General Not later than January 15, 2022 (b)  Contents The report required under subsection (a) shall contain the following: (1)  Gender diversity overview An overview of Coast Guard active duty and reserve members, including the number of officers and enlisted members and the percentages of men and women in each. (2)  Recruitment and retention. (A) An analysis of the changes in the recruitment and retention of women over the previous 2 years. (B) A discussion of any changes to Coast Guard recruitment and retention over the previous 2 years that were aimed at increasing the recruitment and retention of female members. (3)  Parental leave. (A) The number of men and women who took parental leave during each year covered by the report, including the average length of such leave periods. (B) A discussion of the ways in which the Coast Guard worked to mitigate the impacts of parental leave on Coast Guard operations and on the careers of the members taking such leave. (4)  Limitations An analysis of current gender-based limitations on Coast Guard career opportunities, including discussion of (A) shipboard opportunities; (B) opportunities to serve at remote units; and (C) any other limitations on the opportunities of female members. (5)  Progress update An update on the Coast Guards progress on the implementation of the action plan required under subsection (a) of section 8215 of the Elijah E. Cummings Coast Guard Authorization Act of 2020. (Added Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4652  Editorial Notes  References in Text Subsection (a) of section 8215 of the Elijah E. Cummings Coast Guard Authorization Act of 2020, referred to in subsec. (b)(5), is section 8215(a) of Pub. L. 116283 Jan. 1, 2021 134 Stat. 4650 section 504 of this title  5110. Mission need statement (a)  In General On the date on which the President submits to Congress a budget for fiscal year 2019 under section 1105 of title 31 (b)  Definitions In this section, the following definitions apply: (1)  Integrated major acquisition mission need statement The term integrated major acquisition mission need statement means a document that (A) identifies current and projected gaps in Coast Guard mission capabilities using mission hour targets; (B) explains how each major acquisition program addresses gaps identified under subparagraph (A) if funded at the levels provided for such program in the most recently submitted capital investment plan; and (C) describes the missions the Coast Guard will not be able to achieve, by fiscal year, for each gap identified under subparagraph (A). (2)  Major acquisition program The term major acquisition program has the meaning given that term in section 5103. (3)  Capital investment plan The term capital investment plan means the plan required under section 5102(a)(1). (Added Pub. L. 111281, title IV,  402(a) Oct. 15, 2010 124 Stat. 2940 Pub. L. 112213, title II,  217(8) Dec. 20, 2012 126 Stat. 1558 Pub. L. 113281, title II,  215(a) Dec. 18, 2014 128 Stat. 3034 Pub. L. 114120, title I,  102(f) Feb. 8, 2016 130 Stat. 33 Pub. L. 115232, div. C, title XXXV,  3536 Aug. 13, 2018 132 Stat. 2322 Pub. L. 115282, title I Dec. 4, 2018 132 Stat. 4208 Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4745  Editorial Notes Amendments 2021 Pub. L. 116283 section 1110 of this title 2018 Pub. L. 115282,  108(b) section 569 of this title Subsec. (a). Pub. L. 115232 section 1105 of title 31 Subsec. (b)(2). Pub. L. 115282,  123(b)(2) Subsec. (b)(3). Pub. L. 115282,  123(b)(2) 2016Subsec. (b)(2). Pub. L. 114120,  102(f)(1) Subsec. (b)(3). Pub. L. 114120,  102(f)(2) 2014 Pub. L. 113281 Dec. 31, 2011 2012Subsec. (a). Pub. L. 112213 December 31, 2011 Statutory Notes and Related Subsidiaries Additional Submissions Pub. L. 114120, title I,  101(f) Feb. 8, 2016 130 Stat. 32  The Commandant of the Coast Guard shall submit to the Committee on Homeland Security of the House of Representatives (1) each plan required under section 2904 [now 5104] of title 14, United States Code, as added by subsection (a) of this section; (2) each plan required under section 2903(e) [now 5103(e)] of title 14, United States Code, as added by section 206 of this Act; (3) each plan required under section 2902 [now 5102] of title 14, United States Code, as redesignated by subsection (d) of this section; and (4) each mission need statement required under section 569 [now 5110] of title 14, United States Code.  5111. Report on diversity at Coast Guard Academy (a)  In General Not later than January 15, 2021 (b)  Contents The report required under subsection (a) shall include (1) the status of the implementation of the plan required under section 8272 of the Elijah E. Cummings Coast Guard Authorization Act of 2020; (2) specific information on outreach and recruitment activities for the preceding year, including the effectiveness of the Coast Guard Academy minority outreach team program described under section 1905 and of outreach and recruitment activities in the territories and other possessions of the United States; (3) enrollment information about the incoming class, including the gender, race, ethnicity, religion, socioeconomic background, and State of residence of Coast Guard Academy cadets; (4) information on class retention, outcomes, and graduation rates, including the race, gender, ethnicity, religion, socioeconomic background, and State of residence of Coast Guard Academy cadets; (5) information on efforts to retain diverse cadets, including through professional development and professional advancement programs for staff and faculty; and (6) a summary of reported allegations of discrimination on the basis of race, color, national origin, sex, gender, or religion for the preceding 5 years. (Added Pub. L. 116283, div. G, title LVXXXII Jan. 1, 2021 134 Stat. 4683  Editorial Notes  References in Text Section 8272 of the Elijah E. Cummings Coast Guard Authorization Act of 2020, referred to in subsec. (b)(1), is section 8272 of Pub. L. 116283 Jan. 1, 2021 134 Stat. 4681 section 1901 of this title  5112. Sexual assault and sexual harassment in the Coast Guard (a)  In General Not later than January 15 of each year, the Commandant of the Coast Guard shall submit a report on the sexual assaults and incidents of sexual harassment involving members of the Coast Guard to the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (b)  Contents The report required under subsection (a) shall contain the following: (1) The number of sexual assaults and incidents of sexual harassment against members of the Coast Guard, and the number of sexual assaults and incidents of sexual harassment by members of the Coast Guard, that were reported to military officials during the year covered by such report, and the number of the cases so reported that were substantiated. (2) A synopsis of, and the disciplinary action taken in, each substantiated case. (3) The policies, procedures, and processes implemented by the Secretary concerned during the year covered by such report in response to incidents of sexual assault and sexual harassment involving members of the Coast Guard concerned. (4) A plan for the actions that are to be taken in the year following the year covered by such report on the prevention of and response to sexual assault and sexual harassment involving members of the Coast Guard concerned. (5) (A) The number of instances in which a covered individual was accused of misconduct or crimes considered collateral to the investigation of a sexual assault committed against the individual. (B) The number of instances in which adverse action was taken against a covered individual who was accused of collateral misconduct or crimes as described in subparagraph (A). (C) The percentage of investigations of sexual assaults that involved an accusation or adverse action against a covered individual as described in subparagraphs (A) and (B). (D) In this paragraph, the term covered individual means an individual who is identified as a victim of a sexual assault in the case files of a military criminal investigative organization. (Added and amended Pub. L. 116283, div. G, title LVXXXV Jan. 1, 2021 134 Stat. 4745  Editorial Notes Codification Pub. L. 111281, title II,  217 Oct. 15, 2010 124 Stat. 2917 section 504 of this title section 5111 of this title Pub. L. 116283,  8501(a)(7)(A) Amendments 2021 Pub. L. 116283,  8501(a)(7)(A) section 217 of Pub. L. 111281 Subsec. (b)(5). Pub. L. 116283,  8501(a)(7)(B)(ii)  5113. Officers not on active duty promotion list  Not later than 60 days after the date on which the President submits to Congress a budget pursuant to section 1105 of title 31 (Added Pub. L. 117263, div. K, title CXII,  11236(b)(1) Dec. 23, 2022 136 Stat. 4036  5114. Expenses of performing and executing defense readiness missions Not later than 1 year after the date of enactment of this section, and every February 1 thereafter, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that adequately represents a calculation of the annual costs and expenditures of performing and executing all defense readiness mission activities, including (1) all expenses related to the Coast Guards coordination, training, and execution of defense readiness mission activities in the Coast Guards capacity as an armed force (as such term is defined in section 101 of title 10 (2) costs associated with Coast Guard detachments assigned in support of the defense readiness mission of the Coast Guard; and (3) any other related expenses, costs, or matters the Commandant considers appropriate or otherwise of interest to Congress. (Added Pub. L. 117263, div. K, title CXII,  11256(a) Dec. 23, 2022 136 Stat. 4056  Editorial Notes  References in Text The date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 117263 Dec. 23, 2022  5115. Major grants, contracts, or other transactions (a)  Notification. (1)  In general Subject to subsection (b), the Commandant shall notify the appropriate committees of Congress and the Coast Guard Office of Congressional and Governmental Affairs not later than 3 full business days in advance of the Coast Guard (A) making or awarding a grant allocation or grant in excess of $1,000,000; (B) making or awarding a contract, other transaction agreement, or task or delivery order for the Coast Guard on the multiple award contract, or issuing a letter of intent totaling more than $4,000,000; (C) awarding a task or delivery order requiring an obligation of funds in an amount greater than $10,000,000 from multi-year Coast Guard funds; (D) making a sole-source grant award; or (E) announcing publicly the intention to make or award an item described in subparagraph (A), (B), (C), or (D), including a contract covered by the Federal Acquisition Regulation. (2)  Element A notification under this subsection shall include (A) the amount of the award; (B) the fiscal year for which the funds for the award were appropriated; (C) the type of contract; (D) an identification of the entity awarded the contract, such as the name and location of the entity; and (E) the account from which the funds are to be drawn. (b)  Exception If the Commandant determines that compliance with subsection (a) would pose a substantial risk to human life, health, or safety, the Commandant (1) may make an award or issue a letter described in such subsection without the notification required under such subsection; and (2) shall notify the appropriate committees of Congress not later than 5 full business days after such an award is made or letter issued. (c)  Applicability Subsection (a) shall not apply to funds that are not available for obligation. (d)  Appropriate Committees of Congress Defined In this section, the term appropriate committees of Congress means (1) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and (2) the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives. (Added Pub. L. 117263, div. K, title CXII,  11262(a) Dec. 23, 2022 136 Stat. 4060