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14 U.S.C. § 716 (COAST GUARD)
§ 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 of title 46, United States Code, shall coordinate the establishment of domestic transportation policies in the Arctic necessary to carry out the purpose of this section.
(d) Agreements and Contracts.—
The Secretary may, subject to the availability of appropriations, enter into cooperative agreements, contracts, or other agreements with, or make grants to, individuals and governments to carry out the purpose of this section or any agreements established under subsection (b).
(e) Icebreaking.—
The Secretary shall promote safe maritime navigation by means of icebreaking where necessary, feasible, and effective to carry out the purposes of this section.
(f) Arctic Definition.—
In this section, the term “Arctic” has the meaning given such term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).
(Added Pub. L. 113–281, title V, § 501(a), Dec. 18, 2014, 128 Stat. 3056, § 90; amended Pub. L. 115–232, div. C, title XXXV, § 3533(d), Aug. 13, 2018, 132 Stat. 2321; renumbered § 716, Pub. L. 115–282, title I, § 106(b), Dec. 4, 2018, 132 Stat. 4203.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 90 of this title as this section.
Subsec. (f). Pub. L. 115–232 struck out question mark after “the term ‘Arctic’ ”.
14 U.S.C. § 717 (COAST GUARD)
§ 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. 113–281, title II, § 206(b), Dec. 18, 2014, 128 Stat. 3025, § 102; renumbered § 717 and amended Pub. L. 115–282, title I, §§ 106(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4203, 4240.)
heading: Amendments
text: 2018—Pub. L. 115–282, § 106(b), renumbered section 102 of this title as this section.
Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted “section 504(a)(4)” for “section 93(a)(4)” in introductory provisions.
Subsec. (b). Pub. L. 115–282, § 123(b)(2), substituted “section 504(a)(4)” for “section 93(a)(4)”.
14 U.S.C. § 902 (COAST GUARD)
§ 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, § 653; renumbered § 902, Pub. L. 115–282, title I, § 107(b), Dec. 4, 2018, 132 Stat. 4205.)
heading: Historical and Revision Notes
text: 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.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 653 of this title as this section.
14 U.S.C. § 904 (COAST GUARD)
§ 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. 101–225, title II, § 206(a), Dec. 12, 1989, 103 Stat. 1912, § 666; amended Pub. L. 107–296, title XVII, § 1704(a), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–213, title II, § 217(10), Dec. 20, 2012, 126 Stat. 1558; renumbered § 904, Pub. L. 115–282, title I, § 107(b), Dec. 4, 2018, 132 Stat. 4205.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 666 of this title as this section.
2012—Subsec. (a). Pub. L. 112–213 substituted “of the department in which the Coast Guard is operating” for “of Homeland Security”.
2002—Subsec. (a). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
14 U.S.C. § 905 (COAST GUARD)
§ 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. 103–206, title III, § 302(a), Dec. 20, 1993, 107 Stat. 2423, § 670; renumbered § 905, Pub. L. 115–282, title I, § 107(b), Dec. 4, 2018, 132 Stat. 4205.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 670 of this title as this section.
14 U.S.C. § 906 (COAST GUARD)
§ 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. 103–206, title III, § 303(a), Dec. 20, 1993, 107 Stat. 2423, § 671; renumbered § 906, Pub. L. 115–282, title I, § 107(b), Dec. 4, 2018, 132 Stat. 4205.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 671 of this title as this section.
14 U.S.C. § 907 (COAST GUARD)
§ 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. 103–206, title III, § 304(a), Dec. 20, 1993, 107 Stat. 2424, § 672; amended Pub. L. 104–324, title VII, § 746(d), Oct. 19, 1996, 110 Stat. 3943; Pub. L. 108–293, title II, § 212(a), Aug. 9, 2004, 118 Stat. 1036; renumbered § 907, Pub. L. 115–282, title I, § 107(b), Dec. 4, 2018, 132 Stat. 4205.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 672 of this title as this section.
2004—Pub. L. 108–293, § 212(a)(1), added section catchline and struck out former section catchline which read as follows: “Long-term lease authority for navigation and communications systems sites”.
Subsec. (a). Pub. L. 108–293, § 212(a)(2), inserted “special purpose facilities, including,” after “automatic renewal clauses, for”.
Subsecs. (b), (c). Pub. L. 108–293, § 212(a)(3), added subsec. (b), redesignated former subsec. (b) as (c), and substituted “In the case of ATON, VTS, or NDS sites, the” for “The” in introductory provisions.
1996—Pub. L. 104–324 added section catchline and struck out former section catchline.
14 U.S.C. § 908 (COAST GUARD)
§ 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 shall not apply to leases issued by the Commandant under this section.
(b) Amounts received from leases made under this section, less expenses incurred, shall be deposited in the fund established under section 2946.
(Added Pub. L. 107–295, title IV, § 417(a), Nov. 25, 2002, 116 Stat. 2122, § 672a; amended Pub. L. 113–281, title II, § 208(b), Dec. 18, 2014, 128 Stat. 3026; Pub. L. 115–232, div. C, title XXXV, §§ 3531(c)(4), 3533(e), Aug. 13, 2018, 132 Stat. 2320, 2321; renumbered § 908 and amended Pub. L. 115–282, title I, §§ 107(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4205, 4240.)
heading: Amendments
text: 2018—Pub. L. 115–282, § 107(b), renumbered section 672a of this title as this section.
Subsec. (a). Pub. L. 115–232 substituted “Commandant” for “Commandant of the Coast Guard” and “Section 1302 of title 40” for “Section 321 of chapter 314 of the Act of June 30, 1932 (40 U.S.C. 303b)”.
Subsec. (b). Pub. L. 115–282, § 123(b)(2), substituted “section 2946” for “section 687”.
2014—Subsec. (b). Pub. L. 113–281 substituted “the fund established under section 687” for “the Treasury”.
14 U.S.C. § 909 (COAST GUARD)
§ 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. 104–324, title III, § 309(a), Oct. 19, 1996, 110 Stat. 3919, § 673; renumbered § 674, Pub. L. 107–295, title IV, § 405(a)(1), Nov. 25, 2002, 116 Stat. 2115; amended Pub. L. 107–296, title XVII, § 1704(a), (f)(1), Nov. 25, 2002, 116 Stat. 2314, 2316; Pub. L. 112–213, title II, § 217(12), Dec. 20, 2012, 126 Stat. 1558; renumbered § 909, Pub. L. 115–282, title I, § 107(b), Dec. 4, 2018, 132 Stat. 4205.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 674 of this title as this section.
2012—Pub. L. 112–213 struck out “of Homeland Security” after “Secretary”.
2002—Pub. L. 107–296, § 1704(f)(1), which directed renumbering of the section 673 of this title that was added by Pub. L. 104–324, § 309(a), as section 673a of this title, could not be executed because of the prior amendment by Pub. L. 107–295, see below.
Pub. L. 107–296, § 1704(a), which directed amendment of section 673a of this title by substituting “of Homeland Security” for “of Transportation”, was executed by making the substitution in this section, to reflect the probable intent of Congress.
Pub. L. 107–295 renumbered section 673 of this title, relating to small boat station rescue capability, as this section.
heading: Effective Date of 2002 Amendment
text: Amendment by section 1704(a) of Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
Amendment by section 1704(f)(1) of Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
14 U.S.C. § 910 (COAST GUARD)
§ 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. 104–324, title III, § 309(a), Oct. 19, 1996, 110 Stat. 3919, § 674; renumbered § 675, Pub. L. 107–295, title IV, § 405(a)(1), Nov. 25, 2002, 116 Stat. 2115; amended Pub. L. 107–296, title XVII, § 1704(a), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–213, title II, § 217(13), Dec. 20, 2012, 126 Stat. 1558; renumbered § 910, Pub. L. 115–282, title I, § 107(b), Dec. 4, 2018, 132 Stat. 4205.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 675 of this title as this section.
2012—Subsec. (a). Pub. L. 112–213 substituted “Secretary may not” for “Secretary of Homeland Security may not” in introductory provisions.
2002—Subsec. (a). Pub. L. 107–296, which directed amendment of section 674 of this title by substituting “of Homeland Security” for “of Transportation” in introductory provisions, was executed to this section, to reflect the probable intent of Congress and the renumbering of section 674 of this title as this section by Pub. L. 107–295, see below.
Pub. L. 107–295 renumbered section 674 of this title as this section.
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
14 U.S.C. § 911 (COAST GUARD)
§ 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. 107–295, title IV, § 405(a)(2), Nov. 25, 2002, 116 Stat. 2115, § 676; amended Pub. L. 111–207, § 4(a)(3), July 27, 2010, 124 Stat. 2251; renumbered § 911, Pub. L. 115–282, title I, § 107(b), Dec. 4, 2018, 132 Stat. 4205.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 676 of this title as this section.
2010—Subsec. (d). Pub. L. 111–207 struck out subsec. (d). Text read as follows: “The Secretary shall provide a quarterly written report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure, describing the status of implementation of the standards described in subsection (b), including a list of the facilities at which such standards have or have not been implemented.”
heading: Prescription of Standards
text: Pub. L. 107–295, title IV, § 405(b), Nov. 25, 2002, 116 Stat. 2116, provided that: “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.”
14 U.S.C. § 913 (COAST GUARD)
§ 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. 109–241, title II, § 205(a), July 11, 2006, 120 Stat. 521, § 677; renumbered § 913, Pub. L. 115–282, title I, § 107(b), Dec. 4, 2018, 132 Stat. 4205.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 677 of this title as this section.