1. U.S. Code
  2. title 14
  3. subtitle I
  4. chapter 3
  5. § 309

Collapse to view only § 309. Office of the Coast Guard Reserve; Director

§ 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, § 41; Aug. 10, 1956, ch. 1041, §§ 6, 53, 70A Stat. 620, 679; Pub. L. 86–474, § 1(1), May 14, 1960, 74 Stat. 144; Pub. L. 92–451, § 1(1), Oct. 2, 1972, 86 Stat. 755; Pub. L. 97–417, § 2(1), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 98–557, § 15(a)(3)(B), (C), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–145, title V, § 514(a)(2), Nov. 8, 1985, 99 Stat. 628; Pub. L. 103–337, div. A, title V, § 541(f)(4), Oct. 5, 1994, 108 Stat. 2766; Pub. L. 114–120, title II, § 201(a), Feb. 8, 2016, 130 Stat. 33; renumbered § 301, Pub. L. 115–282, title I, § 104(b), Dec. 4, 2018, 132 Stat. 4196.)

CITE AS: 14 USC 301

§ 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, § 44; Pub. L. 86–474, § 1(3), May 14, 1960, 74 Stat. 144; Pub. L. 88–130, § 1(3), Sept. 24, 1963, 77 Stat. 175; Pub. L. 89–444, § 1(3), June 9, 1966, 80 Stat. 195; Pub. L. 92–451, § 1(3), Oct. 2, 1972, 86 Stat. 755; Pub. L. 113–281, title II, § 202, Dec. 18, 2014, 128 Stat. 3024; renumbered § 302, Pub. L. 115–282, title I, § 104(b), Dec. 4, 2018, 132 Stat. 4196.)

CITE AS: 14 USC 302

§ 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 officer’s 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, § 46; Pub. L. 86–474, § 1(5), May 14, 1960, 74 Stat. 144; Pub. L. 88–130, § 1(4), Sept. 24, 1963, 77 Stat. 175; Pub. L. 89–444, § 1(4), (5), June 9, 1966, 80 Stat. 195; Pub. L. 97–295, § 2(1), Oct. 12, 1982, 96 Stat. 1301; Pub. L. 99–348, title II, § 205(b)(1), July 1, 1986, 100 Stat. 699; Pub. L. 103–206, title II, § 204(a), Dec. 20, 1993, 107 Stat. 2421; Pub. L. 114–120, title II, § 209(2), Feb. 8, 2016, 130 Stat. 40; Pub. L. 115–232, div. C, title XXXV, § 3528(a), Aug. 13, 2018, 132 Stat. 2318; renumbered § 303 and amended Pub. L. 115–282, title I, §§ 104(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4196, 4240; Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8201(a), Jan. 1, 2021, 134 Stat. 4641; Pub. L. 117–263, div. K, title CXII, § 11240, Dec. 23, 2022, 136 Stat. 4039.)

CITE AS: 14 USC 303

§ 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, § 47; Pub. L. 86–474, § 1(6), May 14, 1960, 74 Stat. 144; Pub. L. 88–130, § 1(5), (6), Sept. 24, 1963, 77 Stat. 175; Pub. L. 89–444, § 1(6), (7), June 9, 1966, 80 Stat. 195; Pub. L. 92–451, § 1(4), Oct. 2, 1972, 86 Stat. 755; Pub. L. 97–295, § 2(2), Oct. 12, 1982, 96 Stat. 1301; Pub. L. 99–348, title II, § 205(b)(2), July 1, 1986, 100 Stat. 700; Pub. L. 103–206, title II, § 204(b)(1), Dec. 20, 1993, 107 Stat. 2421; Pub. L. 111–281, title V, § 511(f)(1), (g), Oct. 15, 2010, 124 Stat. 2952, 2953; Pub. L. 114–120, title II, §§ 201(b), 209(3), Feb. 8, 2016, 130 Stat. 33, 40; renumbered § 304 and amended Pub. L. 115–282, title I, §§ 104(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4196, 4240.)

CITE AS: 14 USC 304

§ 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, shall terminate on the date the officer is detached from that duty.
(2) An officer who is appointed to a position designated under subsection (a) shall continue to hold the grade of vice admiral—
(A) while under orders transferring the officer to another position designated under subsection (a), beginning on the date the officer is detached from that duty and terminating on the date before the day the officer assumes the subsequent duty, but not for more than 60 days;
(B) while hospitalized, beginning on the day of the hospitalization and ending on the day the officer is discharged from the hospital, but not for more than 180 days;
(C) at the discretion of the Secretary, while awaiting orders after being relieved from the position, beginning on the day the officer is relieved from the position, but not for more than 60 days; and
(D) while awaiting retirement, beginning on the date the officer is detached from duty and ending on the day before the officer’s retirement, but not for more than 60 days.
(c)
(1) An appointment of an officer under subsection (a) does not vacate the permanent grade held by the officer.
(2) An officer serving in a grade above rear admiral who holds the permanent grade of rear admiral (lower half) shall be considered for promotion to the permanent grade of rear admiral as if the officer was serving in the officer’s permanent grade.
(d) Whenever a vacancy occurs in a position designated under subsection (a), the Commandant shall inform the President of the qualifications needed by an officer serving in that position or office to carry out effectively the duties and responsibilities of that position or office.
(Added Pub. L. 92–451, § 1(5), Oct. 2, 1972, 86 Stat. 755, § 50; amended Pub. L. 103–206, title II, § 204(c), Dec. 20, 1993, 107 Stat. 2421; Pub. L. 111–281, title V, § 511(a), Oct. 15, 2010, 124 Stat. 2951; Pub. L. 111–330, § 1(5), Dec. 22, 2010, 124 Stat. 3569; Pub. L. 114–120, title II, § 202, Feb. 8, 2016, 130 Stat. 33; renumbered § 305 and amended Pub. L. 115–282, title I, §§ 104(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4196, 4240; Pub. L. 116–283, div. A, title V, § 551(b)(2), Jan. 1, 2021, 134 Stat. 3630.)

CITE AS: 14 USC 305

§ 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 2½ 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 2½ 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 officer’s retirement, but not for more than 60 days.
(Added Pub. L. 92–451, § 1(5), Oct. 2, 1972, 86 Stat. 755, § 51; amended Pub. L. 99–348, title II, § 205(b)(3), July 1, 1986, 100 Stat. 700; Pub. L. 103–206, title II, §§ 204(d), 205(c), Dec. 20, 1993, 107 Stat. 2421, 2422; Pub. L. 111–281, title V, § 511(c), Oct. 15, 2010, 124 Stat. 2952; Pub. L. 114–120, title II, § 201(c), Feb. 8, 2016, 130 Stat. 33; Pub. L. 115–232, div. C, title XXXV, § 3528(b), Aug. 13, 2018, 132 Stat. 2318; renumbered § 306, Pub. L. 115–282, title I, § 104(b), Dec. 4, 2018, 132 Stat. 4196; Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8201(b), Jan. 1, 2021, 134 Stat. 4641.)

CITE AS: 14 USC 306

§ 307. Vice admirals and admiral, continuity of grade

The continuity of an officer’s precedence on the active duty promotion list, date of rank, grade, pay, and allowances as a vice admiral or admiral shall not be interrupted by the termination of an appointment for the purpose of reappointment to another position as a vice admiral or admiral.

(Added Pub. L. 97–322, title I, § 115(a)(1), Oct. 15, 1982, 96 Stat. 1585, § 52; amended Pub. L. 101–225, title II, § 203(1), Dec. 12, 1989, 103 Stat. 1911; Pub. L. 111–281, title V, § 511(d), (f)(2), Oct. 15, 2010, 124 Stat. 2952, 2953; renumbered § 307, Pub. L. 115–282, title I, § 104(b), Dec. 4, 2018, 132 Stat. 4196.)

CITE AS: 14 USC 307

§ 308. Chief Acquisition Officer
(a)In General.—There shall be in the Coast Guard a Chief Acquisition Officer selected by the Commandant who shall be a Rear Admiral or civilian from the Senior Executive Service (career reserved) and who meets the qualifications set forth under subsection (b). The Chief Acquisition Officer shall serve at the Assistant Commandant level and have acquisition management as that individual’s primary duty.
(b)Qualifications.—
(1) The Chief Acquisition Officer and any flag officer serving in the Acquisition Directorate shall be an acquisition professional with a Level III acquisition management certification and must have at least 10 years experience in an acquisition position, of which at least 4 years were spent as—
(A) the program executive officer;
(B) the program manager of a Level 1 or Level 2 acquisition project or program;
(C) the deputy program manager of a Level 1 or Level 2 acquisition;
(D) the project manager of a Level 1 or Level 2 acquisition; or
(E) any other acquisition position of significant responsibility in which the primary duties are supervisory or management duties.
(2) The Commandant shall periodically publish a list of the positions designated under paragraph (1).
(3) In this subsection each of the terms “Level 1 acquisition” and “Level 2 acquisition” has the meaning that term has in chapter 11 of this title.
(c)Functions of the Chief Acquisition Officer.—The functions of the Chief Acquisition Officer include—
(1) monitoring the performance of acquisition projects and programs on the basis of applicable performance measurements and advising the Commandant, through the chain of command, regarding the appropriate business strategy to achieve the missions of the Coast Guard;
(2) maximizing the use of full and open competition at the prime contract and subcontract levels in the acquisition of property, capabilities, assets, and services by the Coast Guard by establishing policies, procedures, and practices that ensure that the Coast Guard receives a sufficient number of sealed bids or competitive proposals from responsible sources to fulfill the Government’s requirements, including performance and delivery schedules, at the lowest cost or best value considering the nature of the property, capability, asset, or service procured;
(3) making acquisition decisions in concurrence with the technical authority, or technical authorities, of the Coast Guard, as designated by the Commandant, consistent with all other applicable laws and decisions establishing procedures within the Coast Guard;
(4) ensuring the use of detailed performance specifications in instances in which performance-based contracting is used;
(5) managing the direction of acquisition policy for the Coast Guard, including implementation of the unique acquisition policies, regulations, and standards of the Coast Guard;
(6) developing and maintaining an acquisition career management program in the Coast Guard to ensure that there is an adequate acquisition workforce;
(7) assessing the requirements established for Coast Guard personnel regarding knowledge and skill in acquisition resources and management and the adequacy of such requirements for facilitating the achievement of the performance goals established for acquisition management;
(8) developing strategies and specific plans for hiring, training, and professional development;
(9) reporting to the Commandant, through the chain of command, on the progress made in improving acquisition management capability; and
(10)
(A) keeping the Commandant informed of the progress of major acquisition programs (as that term is defined in section 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); and
(C) ensuring that the views of the Commandant regarding such programs on cost, schedule, technical feasibility, and performance trade-offs are strongly considered by program managers and program executive officers in all phases of the acquisition process.
(Added Pub. L. 111–281, title IV, § 401(a), Oct. 15, 2010, 124 Stat. 2929, § 56; amended Pub. L. 114–328, div. A, title VIII, § 899(a), Dec. 23, 2016, 130 Stat. 2332; renumbered § 308 and amended Pub. L. 115–282, title I, §§ 104(b), 123(b)(2), (c)(4), Dec. 4, 2018, 132 Stat. 4196, 4240, 4241; Pub. L. 117–81, div. A, title XVII, § 1702(d)(1), Dec. 27, 2021, 135 Stat. 2156.)

CITE AS: 14 USC 308

§ 309. Office of the Coast Guard Reserve; Director
(a)Establishment of Office; Director.—There is in the executive part of the Coast Guard an Office of the Coast Guard Reserve. The head of the Office is the Director of the Coast Guard Reserve. The Director of the Coast Guard Reserve is the principal adviser to the Commandant on Coast Guard Reserve matters and may have such additional functions as the Commandant may direct.
(b)Appointment.—The President, by and with the advice and consent of the Senate, shall appoint the Director of the Coast Guard Reserve, from officers of the Coast Guard who—
(1) have had at least 10 years of commissioned service;
(2) are in a grade above captain; and
(3) have been recommended by the Secretary of Homeland Security.
(c)Term.—
(1) The Director of the Coast Guard Reserve holds office for a term determined by the President, normally two years, but not more than four years. An officer may be removed from the position of Director for cause at any time.
(2) The Director of the Coast Guard Reserve, while so serving, holds a grade above Captain, without vacating the officer’s permanent grade.
(d)Budget.—The Director of the Coast Guard Reserve is the official within the executive part of the Coast Guard who, subject to the authority, direction, and control of the Secretary of Homeland Security and the Commandant, is responsible for preparation, justification, and execution of the personnel, operation and maintenance, and construction budgets for the Coast Guard Reserve. As such, the Director of the Coast Guard Reserve is the director and functional manager of appropriations made for the Coast Guard Reserve in those areas.
(e)Annual Report.—The Director of the Coast Guard Reserve shall submit to the Secretary of Homeland Security and the Secretary of Defense an annual report on the state of the Coast Guard Reserve and the ability of the Coast Guard Reserve to meet its missions. The report shall be prepared in conjunction with the Commandant and may be submitted in classified and unclassified versions.
(Added Pub. L. 106–65, div. A, title V, § 557(a), Oct. 5, 1999, 113 Stat. 619, § 53; amended Pub. L. 107–296, title XVII, § 1704(a), Nov. 25, 2002, 116 Stat. 2314; renumbered § 309, Pub. L. 115–282, title I, § 104(b), Dec. 4, 2018, 132 Stat. 4196.)

CITE AS: 14 USC 309

§ 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. 109–163, div. A, title V, § 597(a), Jan. 6, 2006, 119 Stat. 3283, § 54; renumbered § 310, Pub. L. 115–282, title I, § 104(b), Dec. 4, 2018, 132 Stat. 4196.)

CITE AS: 14 USC 310

§ 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. 115–282, title I, § 104(c)(1)(A), Dec. 4, 2018, 132 Stat. 4198.)

CITE AS: 14 USC 311

§ 312. Prevention and response workforces
(a)Career Paths.—The Secretary, acting through the Commandant, shall ensure that appropriate career paths for civilian and military Coast Guard personnel who wish to pursue career paths in prevention or response positions are identified in terms of the education, training, experience, and assignments necessary for career progression of civilians and members of the Armed Forces to the most senior prevention or response positions, as appropriate. The Secretary shall make available published information on such career paths.
(b)Qualifications for Certain Assignments.—An officer, member, or civilian employee of the Coast Guard assigned as a—
(1) marine inspector shall have the training, experience, and qualifications equivalent to that required for a similar position at a classification society recognized by the Secretary under section 3316 of title 46 for the type of vessel, system, or equipment that is inspected;
(2) marine casualty investigator shall have the training, experience, and qualifications in investigation, marine casualty reconstruction, evidence collection and preservation, human factors, and documentation using best investigation practices by Federal and non-Federal entities;
(3) marine safety engineer shall have knowledge, skill, and practical experience in—
(A) the construction and operation of commercial vessels;
(B) judging the character, strength, stability, and safety qualities of such vessels and their equipment; or
(C) the qualifications and training of vessel personnel;
(4) waterways operations manager shall have knowledge, skill, and practical experience with respect to 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 GS–13 of the General Schedule, and who shall be a—
(1) marine inspector, qualified to inspect vessels, vessel systems, and equipment commonly found in the sector; and
(2) qualified marine casualty investigator, marine safety engineer, waterways operations manager, or port and facility safety and security specialist.
(f)Signatories of Letter of Qualification for Certain Prevention Personnel.—Each individual signing a letter of qualification for marine safety personnel must hold a letter of qualification for the type being certified.
(g)Sector Chief of Response.—There shall be in each Coast Guard sector a Chief of Response who shall be at least a Lieutenant Commander or civilian employee within the grade GS–13 of the General Schedule in each Coast Guard sector.
(Added Pub. L. 111–281, title V, § 521(a), Oct. 15, 2010, 124 Stat. 2953, § 57; amended Pub. L. 113–281, title II, §§ 203, 221(b)(1)(B), Dec. 18, 2014, 128 Stat. 3024, 3038; renumbered § 312, Pub. L. 115–282, title I, § 104(b), Dec. 4, 2018, 132 Stat. 4196; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §§ 8504(a), 8505(a)(1), Jan. 1, 2021, 134 Stat. 4747.)

CITE AS: 14 USC 312

§ 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. 111–281, title V, § 521(a), Oct. 15, 2010, 124 Stat. 2955, § 58; amended Pub. L. 113–281, title II, § 204, Dec. 18, 2014, 128 Stat. 3025; Pub. L. 115–232, div. C, title XXXV, § 3531(c)(1), Aug. 13, 2018, 132 Stat. 2320; renumbered § 313 and amended Pub. L. 115–282, title I, §§ 104(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4196, 4240; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(a)(2), Jan. 1, 2021, 134 Stat. 4747.)

CITE AS: 14 USC 313

§ 314. Marine industry training programThe Commandant shall, by policy, establish a program under which an officer, member, or employee of the Coast Guard may be assigned to a private entity to further the institutional interests of the Coast Guard with regard to marine safety, including for the purpose of providing training to an officer, member, or employee. Policies to carry out the program—
(1) with regard to an employee of the Coast Guard, shall include provisions, consistent with sections 3702 through 3704 of title 5, as to matters concerning—
(A) the duration and termination of assignments;
(B) reimbursements; and
(C) status, entitlements, benefits, and obligations of program participants; and
(2) shall require the Commandant, before approving the assignment of an officer, member, or employee of the Coast Guard to a private entity, to determine that the assignment is an effective use of the Coast Guard’s funds, taking into account the best interests of the Coast Guard and the costs and benefits of alternative methods of achieving the same results and objectives.
(Added Pub. L. 111–281, title V, § 521(a), Oct. 15, 2010, 124 Stat. 2956, § 59; amended Pub. L. 113–281, title II, § 221(a)(1), Dec. 18, 2014,

CITE AS: 14 USC 314

§ 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. 114–120, title II, § 214(b)(1), Feb. 8, 2016, 130 Stat. 43, § 60; amended Pub. L. 114–328, div. C, title XXXV, § 3503(a), Dec. 23, 2016, 130 Stat. 2775; Pub. L. 115–232, div. C, title XXXV, § 3532, Aug. 13, 2018, 132 Stat. 2321; renumbered § 315, Pub. L. 115–282, title I, § 104(b), Dec. 4, 2018, 132 Stat. 4196; Pub. L. 117–263, div. K, title CXII, § 11251(a), Dec. 23, 2022, 136 Stat. 4052.)

CITE AS: 14 USC 315

§ 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. 108–293, title II, § 213(a), Aug. 9, 2004, 118 Stat. 1037, § 98; amended Pub. L. 114–120, title II, § 219, Feb. 8, 2016, 130 Stat. 48; renumbered § 316 and amended Pub. L. 115–282, title I, § 104(b), title III, § 303, Dec. 4, 2018, 132 Stat. 4196, 4243; Pub. L. 116–283, div. G, title LVXXXIV [LXXXIV], § 8439(a), Jan. 1, 2021, 134 Stat. 4737; Pub. L. 117–263, div. K, title CXII, § 11259, Dec. 23, 2022, 136 Stat. 4058.)

CITE AS: 14 USC 316

§ 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. However, the grade of the director may not be higher than captain.
(e) The Secretary may revoke any designation as director of the Coast Guard Band. When an individual’s designation is revoked, his appointment to commissioned grade under this section terminates and he is entitled, at his option—
(1) to be discharged from the Coast Guard; or
(2) to revert to the grade and status he held at the time of his designation as director.
(Added Pub. L. 89–189, § 1(1), Sept. 17, 1965, 79 Stat. 820, § 336; amended Pub. L. 102–587, title V, § 5201, Nov. 4, 1992, 106 Stat. 5071; Pub. L. 107–295, title III, § 311, Nov. 25, 2002, 116 Stat. 2102; Pub. L. 109–241, title II, § 204(a), July 11, 2006, 120 Stat. 520; renumbered § 317 and amended Pub. L. 115–282, title I, §§ 104(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4196, 4240.)

CITE AS: 14 USC 317

§ 318.
(a)Definitions.—For the purposes of this section—
(1) “environment”, “facility”, “person”, “release”, “removal”, “remedial”, and “response” have the same meaning they have in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601);
(2) “hazardous substance” has the same meaning it has in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601), except that it also includes the meaning given “oil” in section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321); and
(3) “pollutant” has the same meaning it has in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362).
(b)Program.—
(1) The Secretary shall carry out a program of environmental compliance and restoration at current and former Coast Guard facilities.
(2) Program goals include:
(A) Identifying, investigating, and cleaning up contamination from hazardous substances and pollutants.
(B) Correcting other environmental damage that poses an imminent and substantial danger to the public health or welfare or to the environment.
(C) Demolishing and removing unsafe buildings and structures, including buildings and structures at former Coast Guard facilities.
(D) Preventing contamination from hazardous substances and pollutants at current Coast Guard facilities.
(3)
(A) The Secretary shall respond to releases of hazardous substances and pollutants—
(i) at each Coast Guard facility the United States owns, leases, or otherwise possesses;
(ii) at each Coast Guard facility the United States owned, leased, or otherwise possessed when the actions leading to contamination from hazardous substances or pollutants occurred; and
(iii) on each vessel the Coast Guard owns or operates.
(B) Subparagraph (A) of this paragraph does not apply to a removal or remedial action when a potentially responsible person responds under section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9622).
(C) The Secretary shall pay a fee or charge imposed by a State authority for permit services for disposing of hazardous substances or pollutants from Coast Guard facilities to the same extent that nongovernmental entities are required to pay for permit services. This subparagraph does not apply to a payment that is the responsibility of a lessee, contractor, or other private person.
(4) The Secretary may agree with another Federal agency for that agency to assist in carrying out the Secretary’s responsibilities under this section. The Secretary may enter into contracts, cooperative agreements, and grant agreements with State and local governments to assist in carrying out the Secretary’s responsibilities under this section. Services that may be obtained under this paragraph include identifying, investigating, and cleaning up off-site contamination that may have resulted from the release of a hazardous substance or pollutant at a Coast Guard facility.
(5) Section 119 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9619) applies to response action contractors that carry out response actions under this section. The Coast Guard shall indemnify response action contractors to the extent that adequate insurance is not generally available at a fair price at the time the contractor enters into the contract to cover the contractor’s reasonable, potential, long-term liability.
(c)Amounts Recovered for Response Actions.—
(1) All sums appropriated to carry out the Coast Guard’s environmental compliance and restoration functions under this section or another law shall be credited or transferred to 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 Guard’s environmental compliance and restoration functions under this section or another law.
(3) In proposing the budget for any fiscal year under section 1105 of title 31, the President shall set forth separately the amount requested for the Coast Guard’s environmental compliance and restoration activities under this section or another law.
(4) Amounts recovered under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9607) for the Secretary’s response actions at current and former Coast Guard facilities shall be credited to an appropriate Coast Guard account, as determined by the Commandant.
(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 President’s budget submission for that fiscal year.
(Added Pub. L. 115–282, title I, § 104(c)(1)(B), Dec. 4, 2018, 132 Stat. 4198.)

CITE AS: 14 USC 318

§ 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. 115–282, title III, § 304(a), Dec. 4, 2018, 132 Stat. 4244; amended Pub. L. 116–283, div. G, title LVXXXIV [LXXXIV], § 8413(a), Jan. 1, 2021, 134 Stat. 4725; Pub. L. 117–263, div. K, title CXII, § 11225(a), title CXVIII, § 11803(a), Dec. 23, 2022, 136 Stat. 4024, 4163.)

CITE AS: 14 USC 319

§ 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, the Secretary of the department in which the Coast Guard is operating shall maintain at all times a Junior Reserve Officers’ Training Corps program with not fewer than 1 such program established in each Coast Guard district.
(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. 116–92, div. A, title V, § 519(a), Dec. 20, 2019, 133 Stat. 1350; amended Pub. L. 117–263, div. K, title CXII, § 11247(a), Dec. 23, 2022, 136 Stat. 4047.)

CITE AS: 14 USC 320

§ 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. 116–283, div. G, title LVXXXII [LXXXII], § 8211(a), Jan. 1, 2021, 134 Stat. 4649.)

CITE AS: 14 USC 321

§ 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. 116–283, div. G, title LVXXXV [LXXXV], § 8501(a)(1), Jan. 1, 2021, 134 Stat. 4745.)

CITE AS: 14 USC 322

§ 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)), including instruction on carrying out such actions—
(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. 117–263, div. K, title CXIII, § 11309(a)(1), Dec. 23, 2022, 136 Stat. 4079.)

CITE AS: 14 USC 323