US (United States) Code. Title 14. Part I. Chapter 5: Funtions and powers

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Coast Guard

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-CITE-

14 USC CHAPTER 5 - FUNCTIONS AND POWERS 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 5 - FUNCTIONS AND POWERS

.

-HEAD-

CHAPTER 5 - FUNCTIONS AND POWERS

-MISC1-

Sec.

81. Aids to navigation authorized.

82. Cooperation with Administrator of the Federal Aviation

Administration.

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. Repealed.)

88. Saving life and property.

89. Law enforcement.

90. Ocean stations.

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.

AMENDMENTS

1998 - Pub. L. 105-383, title II, Sec. 205(b), Nov. 13, 1998, 112

Stat. 3416, added item 95 and struck out former item 95 ''Civilian

agents authorized to carry firearms''.

1996 - Pub. L. 104-324, title III, Sec. 311(b), title XI, Sec.

1128(b), Oct. 19, 1996, 110 Stat. 3920, 3984, added items 96 and

97.

1988 - Pub. L. 100-448, Sec. 10(b), Sept. 28, 1988, 102 Stat.

1842, added item 95.

1976 - Pub. L. 94-546, Sec. 1(5), (7), Oct. 18, 1976, 90 Stat.

2519, substituted ''Federal Aviation Administration'' for ''Federal

Aviation Agency'' in item 82, and struck out item 87.

1974 - Pub. L. 93-283, Sec. 1(4), May 14, 1974, 88 Stat. 140,

struck out ''on fixed structures'' after ''maritime navigation'' in

item 85.

1961 - Pub. L. 87-396, Sec. 2, Oct. 5, 1961, 75 Stat. 827, added

item 94.

1958 - Pub. L. 85-726, title XIV, Sec. 1404, Aug. 23, 1958, 72

Stat. 808, substituted ''Administrator of the Federal Aviation

Agency'' for ''Administrator of Civil Aeronautics'' in item 82.

1956 - Act June 4, 1956, ch. 351, Sec. 3, 70 Stat. 227,

substituted ''Aids to maritime navigation on fixed structures'' for

''Failure to maintain lights'' in item 85.

-CITE-

14 USC Sec. 81 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 5 - FUNCTIONS AND POWERS

-HEAD-

Sec. 81. Aids to navigation authorized

-STATUTE-

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.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 500; June 22, 1951, ch. 150, 65

Stat. 89; Sept. 3, 1954, ch. 1263, Sec. 30, 68 Stat. 1237; Pub. L.

85-726, title XIV, Sec. 1404, Aug. 23, 1958, 72 Stat. 808; Pub. L.

89-662, Sec. 1, Oct. 14, 1966, 80 Stat. 912; Pub. L. 94-546, Sec.

1(3), Oct. 18, 1976, 90 Stat. 2519; Pub. L. 97-322, title I, Sec.

105(a), Oct. 15, 1982, 96 Stat. 1582.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed.; Sec. 50m, 50o, and on title

33, U.S.C., 1946 ed., Sec. 720, 720a, 739, 740, 740a, 740b, 769

(R.S. 4668; June 23, 1874, ch. 455, Sec. 1, 18 Stat. 220; June 17,

1910, ch. 301, Sec. 7, 36 Stat. 538; Mar. 3, 1915, ch. 81, Sec. 5,

38 Stat. 927; Aug. 28, 1916, ch. 414, Sec. 3, 39 Stat. 538; May 22,

1926, ch. 371, Sec. 6, 44 Stat. 626; Feb. 25, 1925, ch. 313, Sec.

3, 45 Stat. 1262; Aug. 16, 1937, ch. 665, Sec. 3, 50 Stat. 667;

June 26, 1948, ch. 672, Sec. 1, 3, 62 Stat. 1050).

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

557.

AMENDMENTS

1982 - Pub. L. 97-322 authorized the Coast Guard to contractually

establish, maintain, and operate aids to maritime navigation.

1976 - Pub. L. 94-546 substituted ''Federal Aviation

Administration'' for ''Federal Aviation Agency'' in cl. (3)(c).

1966 - Pub. L. 89-662 expanded authorization for establishment,

maintenance, and operation of aids to air navigation and electronic

aids to navigation systems required to serve the needs of the armed

forces to include needs peculiar to warfare and primarily of

military concern as determined by the Secretary of Defense or the

Secretary of any department within the Department of Defense,

substituted ''electronic aids to navigation systems'' for ''Loran

stations'', and altered the list of locations where aids to

navigation other than electronic aids to navigation could be

located by adding the waters above the Continental Shelf and by

striking out places where such aids to navigation had been

established prior to June 26, 1948.

1958 - Pub. L. 85-726 substituted ''Administrator of the Federal

Aviation Agency'' for ''Administrator of Civil Aeronautics''.

1954 - Act Sept. 3, 1954, substituted ''Department of Defense''

for ''National Military Establishment''.

1951 - Act June 22, 1951, extended Coast Guard's authority to

include the Trust Territory of the Pacific Islands.

EFFECTIVE DATE OF 1958 AMENDMENT

Section 1505(2) of Pub. L. 85-726, title XV, Aug. 23, 1958, 72

Stat. 810, provided that the amendment made by Pub. L. 85-726 is

effective on 60th day following date on which Administrator of

Federal Aviation Agency (Federal Aviation Administration) first

appointed under Pub. L. 85-726 qualifies and takes office.

Administrator appointed, qualified, and took office on Oct. 31,

1958.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-MISC5-

AIDS TO NAVIGATION REPORT

Pub. L. 105-383, title II, Sec. 208, Nov. 13, 1998, 112 Stat.

3416, provided that: ''Not later than 18 months after the date of

the enactment of this Act (Nov. 13, 1998), the Commandant of the

Coast Guard shall submit to Congress a report on the use of the

Coast Guard's aids to navigation system. The report shall include

an analysis of the respective use of the aids to navigation system

by commercial interests, members of the general public for personal

recreation, Federal and State government for public safety,

defense, and other similar purposes. To the extent practicable

within the time allowed, the report shall include information

regarding degree of use of the various portions of the system.''

REPORT TO CONGRESS; CONTRACTUAL AUTHORITY; INCREASE IN RATIO OF

CIVILIAN TO MILITARY EMPLOYEES

Section 105(b) of Pub. L. 97-322 provided that: ''Not later than

one year after the date of enactment of this title (Oct. 15, 1982),

the Secretary of the department in which the Coast Guard is

operating shall submit a report to the Congress evaluating -

''(1) the exercise by contract of the authority of the Coast

Guard under section 81 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

Section 105(c) of Pub. L. 97-322 provided that: ''Any authority

to enter into contracts provided in this section (amending this

section and enacting provision set out as Report to Congress note

under this section) shall be available only to the extent that

appropriated funds are available for that purpose.''

-EXEC-

EX. ORD. NO. 7521. USE OF VESSELS FOR ICE-BREAKING OPERATIONS IN

CHANNELS AND HARBORS

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

1. The Coast Guard, operating under the direction of the

Secretary of the Treasury, is hereby directed to assist in keeping

open to navigation by means of ice-breaking operations, in so far

as practicable and as the exigencies may require, channels and

harbors in accordance with the reasonable demands of commerce; and

to use for that purpose such vessels subject to its control and

jurisdiction or which may be made available to it under paragraph 2

hereof as are necessary and are reasonably suitable for such

operations.

2. The Secretary of War (Army), the Secretary of the Navy, and

the Secretary of Commerce are hereby directed to cooperate with the

Coast Guard in such ice-breaking operations, and to furnish the

Coast Guard, upon the request of the Commandant thereof, for this

service such vessels under their jurisdiction and control as in the

opinion of the Commandant, with the concurrence of the head of the

Department concerned, are available and are, or may readily be

made, suitable for this service.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 84 of this title.

-CITE-

14 USC Sec. 82 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 5 - FUNCTIONS AND POWERS

-HEAD-

Sec. 82. Cooperation with Administrator of the Federal Aviation

Administration

-STATUTE-

The Coast Guard, in establishing, maintaining, or operating any

aids to air navigation herein provided, shall solicit the

cooperation of the Administrator of the Federal Aviation

Administration to the end that the personnel and facilities of the

Federal Aviation Administration will be utilized to the fullest

possible advantage. Before locating and operating any such aid on

military or naval bases or regions, the consent of the Secretary of

the Army, the Secretary of the Navy, or the Secretary of the Air

Force, as the case may be, shall first be obtained. No such aid

shall be located within the territorial jurisdiction of any foreign

country without the consent of the government thereof. Nothing in

this title shall be deemed to limit the authority granted by

subchapter II of chapter 22 of title 10 or part A of subtitle VII

of title 49.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 500; Sept. 3, 1954, ch. 1263, Sec.

31, 68 Stat. 1237; Pub. L. 85-726, title XIV, Sec. 1404, Aug. 23,

1958, 72 Stat. 808; Pub. L. 89-662, Sec. 2, Oct. 14, 1966, 80 Stat.

912; Pub. L. 94-546, Sec. 1(4), (5), Oct. 18, 1976, 90 Stat. 2519;

Pub. L. 97-295, Sec. 2(3), Oct. 12, 1982, 96 Stat. 1301; Pub. L.

99-640, Sec. 10(a)(3), Nov. 10, 1986, 100 Stat. 3549; Pub. L.

103-272, Sec. 5(d), July 5, 1994, 108 Stat. 1373; Pub. L. 104-201,

div. A, title XI, Sec. 1122(c), Sept. 23, 1996, 110 Stat. 2687.)

-MISC1-

HISTORICAL AND REVISION NOTES

1949 ACT

Based on title 14, U.S.C., 1946 ed., Sec. 50n (June 26, 1948, ch.

672, Sec. 2, 62 Stat. 1050). 81st Congress, House Report No. 557.

1982 ACT

The citation ''(49 U.S.C. 1301 et seq.)'' is substituted for

''(ch. 20 of title 49)'' for consistency in title 14. The words

''chapter 167 of title 10'' are substituted for ''sections 7392 and

7394 of title 10'' to reflect the replacement of those sections by

chapter 167 of title 10 under section 1(50) of the bill.

AMENDMENTS

1996 - Pub. L. 104-201 substituted ''subchapter II of chapter

22'' for ''chapter 167''.

1994 - Pub. L. 103-272 amended last sentence generally,

substituting ''chapter 167 of title 10 or part A of subtitle VII of

title 49'' for ''the Federal Aviation Act of 1958 (49 App. U.S.C.

1301 et seq.), or by the provisions of chapter 167 of title 10''.

1986 - Pub. L. 99-640 substituted ''(49 App. U.S.C. 1301 et

seq.)'' for '', as amended (49 U.S.C. 1301 et seq.)''.

1982 - Pub. L. 97-295 substituted ''(49 U.S.C. 1301 et seq.)''

for ''(ch. 20 of title 49)'' and ''chapter 167 of title 10'' for

''sections 7392 and 7394 of title 10''.

1976 - Pub. L. 94-546, Sec. 1(5), substituted ''Federal Aviation

Administration'' for ''Federal Aviation Agency'' in section

catchline.

Pub. L. 94-546, Sec. 1(4), substituted ''Federal Aviation

Administration'' for ''Federal Aviation Agency'' wherever appearing

in first sentence.

1966 - Pub. L. 89-662 substituted ''granted by the Federal

Aviation Act of 1958, as amended (ch. 20 of title 49), or by the

provisions of sections 7392 and 7394 of title 10'' for ''granted by

the provisions of section 458 of Title 5, or by section 475(e) of

Title 49 or subchapter III of chapter 9 of that title''.

1958 - Pub. L. 85-726 substituted ''Administrator of the Federal

Aviation Agency'' for ''Administrator of Civil Aeronautics'', and

''Federal Aviation Agency'' for ''Civil Aeronautics

Administration''.

1954 - Act Sept. 3, 1954, substituted ''section 175(e) of Title

49 or subchapter III of chapter 9 of that title'' for ''sections

175(f) or 451 to 458 of Title 49''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section

1124 of Pub. L. 104-201, set out as a note under section 193 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1958 AMENDMENT

Section 1505(2) of Pub. L. 85-726, title XV, Aug. 23, 1958, 72

Stat. 810, provided that the amendment made by Pub. L. 85-726 is

effective on 60th day following date on which Administrator of

Federal Aviation Agency (Federal Aviation Administration) first

appointed under Pub. L. 85-726 qualifies and takes office.

Administrator appointed, qualified, and took office on Oct. 31,

1958.

-CITE-

14 USC Sec. 83 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 5 - FUNCTIONS AND POWERS

-HEAD-

Sec. 83. Unauthorized aids to maritime navigation; penalty

-STATUTE-

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 $100 for each offense. Each day during which

such violation continues shall be considered as a new offense.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 500; Pub. L. 93-283, Sec. 1(1),

May 14, 1974, 88 Stat. 139.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 33, U.S.C., 1946 ed., Sec. 759 (June 20, 1906, ch.

3447, Sec. 3, 34 Stat. 324; June 17, 1910, ch. 301, Sec. 6, 36

Stat. 538; Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat. 736; 1939 Reorg.

Plan No. II, Sec. 2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat.

1432).

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

557.

AMENDMENTS

1974 - Pub. L. 93-283 substituted ''maritime navigation in or

adjacent to the waters subject to the jurisdiction of the United

States, its territories or possessions, or the Trust Territory of

the Pacific Islands, or on the high seas if that person, or public

body, or instrumentality is subject to the jurisdiction of the

United States, without first obtaining authority'' for ''maritime

navigation without first obtaining authority''.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 84 of this title; title 16

section 470w-7.

-CITE-

14 USC Sec. 84 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 5 - FUNCTIONS AND POWERS

-HEAD-

Sec. 84. Interference with aids to navigation; penalty

-STATUTE-

It shall be unlawful for any person, or public body, or

instrumentality, excluding the armed forces, to remove, change the

location of, obstruct, wilfully damage, make fast to, or interfere

with any aid to navigation established, installed, operated, or

maintained by the Coast Guard pursuant to section 81 of this title,

or with any aid to navigation lawfully maintained under authority

granted by the Coast Guard pursuant to section 83 of this title, or

to anchor any vessel in any of the navigable waters of the United

States so as to obstruct or interfere with range lights maintained

therein. Whoever violates the provisions of this section shall be

guilty of a misdemeanor and shall be fined not more than $500 for

each offense. Each day during which such violation shall continue

shall be considered as a new offense.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 500.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 33, U.S.C., 1946, ed., Sec. 761, 762 (May 14,

1908, ch. 168, Sec. 6, 35 Stat. 162; June 17, 1910, ch. 301, Sec.

6, 36 Stat. 538; Mar. 3, 1915, ch. 81, Sec. 8, 38 Stat. 928; 1939

Reorg. Plan No. II, Sec. 2(a), eff. July 1, 1939, 4 F.R. 2731, 53

Stat. 1432).

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

557.

-CITE-

14 USC Sec. 85 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 5 - FUNCTIONS AND POWERS

-HEAD-

Sec. 85. Aids to maritime navigation; penalty

-STATUTE-

The Secretary shall prescribe and enforce necessary and

reasonable rules and regulations, for the protection of marine

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 $100 for each

day which such violation continues.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 501; June 4, 1956, ch. 351, Sec.

1, 70 Stat. 226; Pub. L. 93-283, Sec. 1(2), May 14, 1974, 88 Stat.

139.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 33, U.S.C., 1946 ed., Sec. 760 (May 14, 1908, ch.

168, Sec. 5, 35 Stat. 162).

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

557.

AMENDMENTS

1974 - Pub. L. 93-283 struck out ''on fixed structures'' after

''maritime navigation'' in section catchline and in text

substituted ''fixed and floating structures in or over waters

subject to the jurisdiction of the United States and in the high

seas for structures owned or operated by persons subject to the

jurisdiction of the United States'' for ''fixed structures in or

over navigable waters of the United States''.

1956 - Act June 4, 1956, amended section generally, vesting in

Secretary rule-making authority, for the protection of maritime

navigation, relative to the establishment, maintenance, and

operation of lights and other signals on fixed structures in or

over navigable waters of the United States, and excluding agencies

of United States from its provisions.

-CITE-

14 USC Sec. 86 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 5 - FUNCTIONS AND POWERS

-HEAD-

Sec. 86. Marking of obstructions

-STATUTE-

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.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 501; Pub. L. 89-191, Sept. 17,

1965, 79 Stat. 822; Pub. L. 93-283, Sec. 1(3), May 14, 1974, 88

Stat. 139.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 33, U.S.C., 1946 ed., Sec. 736 (R.S. 4676; June

17, 1910, ch. 301, Sec. 6, 36 Stat. 538; Aug. 16, 1937, ch. 665,

Sec. 1, 50 Stat. 666; 1939 Reorg. Plan No. II, Sec. 2(a), eff.

July 1, 1939, 4 F.R. 2731, 53 Stat. 1432).

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

557.

AMENDMENTS

1974 - Pub. L. 93-283 substituted ''the navigable waters or

waters above the continental shelf of the United States'' for ''any

navigable waters of the United States''.

1965 - Pub. L. 89-191 vested sole responsibility for wreck

marking in the Coast Guard by giving the Secretary discretionary

authority to mark wrecks or other similar obstructions for as long

as in his judgment the needs of maritime navigation may require, by

removing reference to responsibility of the Department of the Army

to mark wrecks, after abandonment and before removal, and by giving

the Secretary the authority to terminate an owner's liability to

pay the cost of marking a wreck.

-CITE-

14 USC Sec. 87 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 5 - FUNCTIONS AND POWERS

-HEAD-

(Sec. 87. Repealed. Pub. L. 94-546, Sec. 1(6), (7), Oct. 18, 1976,

90 Stat. 2519)

-MISC1-

Section, act Aug. 4, 1949, ch. 393, Sec. 1, 63 Stat. 501, related

to color and numbering of buoys along coast, or in bays, harbors,

sounds, or channels, as indicating whether such buoys were to be

passed on the starboard or port hand and prescribed the coloring

for buoys in channel ways.

-CITE-

14 USC Sec. 88 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 5 - FUNCTIONS AND POWERS

-HEAD-

Sec. 88. Saving life and property

-STATUTE-

(a) In order to render aid to distressed persons, vessels, and

aircraft on and under the high seas and on and under the waters

over which the United States has jurisdiction and in order to

render aid to persons and property imperiled by flood, the Coast

Guard may:

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

persons and protect and save property;

(2) take charge of and protect all property saved from marine

or aircraft disasters, or floods, at which the Coast Guard is

present, until such property is claimed by persons legally

authorized to receive it or until otherwise disposed of in

accordance with law or applicable regulations, and care for

bodies of those who may have perished in such catastrophes;

(3) furnish clothing, food, lodging, medicines, and other

necessary supplies and services to persons succored by the Coast

Guard; and

(4) destroy or tow into port sunken or floating dangers to

navigation.

(b)(1) Subject to paragraph (2), the Coast Guard may render aid

to persons and protect and save property at any time and at any

place at which Coast Guard facilities and personnel are available

and can be effectively utilized.

(2) The Commandant shall make full use of all available and

qualified resources, including the Coast Guard Auxiliary and

individuals licensed by the Secretary pursuant to section 8904(b)

of title 46, United States Code, in rendering aid under this

subsection in nonemergency cases.

(c) An individual who knowingly and willfully communicates a

false distress message to the Coast Guard or causes the Coast Guard

to attempt to save lives and property when no help is needed is -

(1) guilty of a class D felony;

(2) subject to a civil penalty of not more than $5,000; and

(3) liable for all costs the Coast Guard incurs as a result of

the individual's action.

(d) The Secretary shall establish a helicopter rescue swimming

program for the purpose of training selected Coast Guard personnel

in rescue swimming skills, which may include rescue diver training.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 501; Pub. L. 91-278, Sec. 1(3),

June 12, 1970, 84 Stat. 304; Pub. L. 100-448, Sec. 30(a), Sept. 28,

1988, 102 Stat. 1849; Pub. L. 101-595, title IV, Sec. 401, Nov. 16,

1990, 104 Stat. 2989; Pub. L. 104-324, title II, Sec. 213(a), Oct.

19, 1996, 110 Stat. 3915.)

-MISC1-

HISTORICAL AND REVISION NOTES

Derived from title 14, U.S.C., 1946 ed., Sec. 29, 53, 55, 60, 61,

62, 63, 104, and title 34, U.S.C., 1946 ed., Sec. 471 (R.S. 1536,

R.S. 2759; June 18, 1878, ch. 265, Sec. 4, 20 Stat. 163; Apr. 19,

1906, ch. 1640, Sec. 1-3, 34 Stat. 123; May 12, 1906, ch. 2454, 34

Stat. 190; June 24, 1914, ch. 124, 38 Stat. 387; Aug. 29, 1916, ch.

417, 39 Stat. 601; Aug. 6, 1947, ch. 502, 61 Stat. 786).

This section broadens existing law in that it authorizes the

Coast Guard to engage in saving life and property in the broadest

possible terms, without limitation as to place. This section

reflects existing sentiment as to Coast Guard functions in relation

to saving life and property. There is no intention to supersede or

conflict with the present authority of the Civil Aeronautics Board

to investigate certain aircraft wrecks. 81st Congress, House Report

No. 557.

AMENDMENTS

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

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

1988 - Subsec. (b). Pub. L. 100-448 designated existing

provisions as par. (1), substituted ''Subject to paragraph (2), the

Coast Guard'' for ''The Coast Guard'', and added par. (2).

1970 - Subsec. (a). Pub. L. 91-278 substituted ''on and under the

high seas and on and under the waters'' for ''on the high seas and

on waters'' in introductory text.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

MODERNIZATION OF NATIONAL DISTRESS AND RESPONSE SYSTEM

Pub. L. 107-295, title III, Sec. 346, Nov. 25, 2002, 116 Stat.

2107, provided that:

''(a) Report. - The Secretary of the department in which the

Coast Guard is operating shall prepare a status report on the

modernization of the National Distress and Response System and

transmit the report, not later than 60 days after the date of

enactment of this Act (Nov. 25, 2002) and annually thereafter until

completion of the project, to the Committee on Commerce, Science,

and Transportation of the Senate and the Committee on

Transportation and Infrastructure of the House of Representatives.

''(b) Contents. - The report required by subsection (a) shall -

''(1) set forth the scope of the modernization, the schedule

for completion of the System, and information on progress in

meeting the schedule and on any anticipated delays;

''(2) specify the funding expended to-date on the System, the

funding required to complete the System, and the purposes for

which the funds were or will be expended;

''(3) describe and map the existing public and private

communications coverage throughout the waters of the coastal and

internal regions of the continental United States, Alaska,

Hawaii, Guam, and the Caribbean, and identify locations that

possess direction-finding, asset-tracking communications, and

digital selective calling service;

''(4) identify areas of high risk to boaters and Coast Guard

personnel due to communications gaps;

''(5) specify steps taken by the Secretary to fill existing

gaps in coverage, including obtaining direction-finding

equipment, digital recording systems, asset-tracking

communications, use of commercial VHF services, and digital

selective calling services that meet or exceed Global Maritime

Distress and Safety System requirements adopted under the

International Convention for the Safety of Life at Sea (see 33

U.S.C. 1602 and notes thereunder);

''(6) identify the number of VHF-FM radios equipped with

digital selective calling sold to United States boaters;

''(7) list all reported marine accidents, casualties, and

fatalities occurring in areas with existing communications gaps

or failures, including incidents associated with gaps in VHF-FM

coverage or digital selected calling capabilities and failures

associated with inadequate communications equipment aboard the

involved vessels during calendar years 1997 and thereafter;

''(8) identify existing systems available to close all

identified marine safety gaps before January 1, 2003, including

expeditious receipt and response by appropriate Coast Guard

operations centers to VHF-FM digital selective calling distress

signal; and

''(9) identify actions taken to-date to implement the

recommendations of the National Transportation Safety Board in

its Report No. MAR-99-01.''

HELICOPTER RESCUE SWIMMING PROGRAM

Pub. L. 98-557, Sec. 9, Oct. 30, 1984, 98 Stat. 2862, required

Secretary of department in which Coast Guard was operating to use

such sums as necessary, from amounts appropriated for operation and

maintenance of Coast Guard, to establish helicopter rescue swimming

program for purpose of training selected Coast Guard personnel in

rescue swimming skills, prior to repeal by Pub. L. 104-324, title

II, Sec. 213(b), Oct. 19, 1996, 110 Stat. 3915.

COAST GUARD POLICIES AND PROCEDURES FOR TOWING AND SALVAGE OF

DISABLED VESSELS FOR MINIMIZATION OF COAST GUARD COMPETITION OR

INTERFERENCE WITH COMMERCIAL ENTERPRISE

Pub. L. 97-322, title I, Sec. 113, Oct. 15, 1982, 96 Stat. 1585,

as amended by Pub. L. 100-448, Sec. 30(b), Sept. 28, 1988, 102

Stat. 1850, provided that: ''The Commandant of the Coast Guard

shall review Coast Guard policies and procedures for towing and

salvage of disabled vessels in order to further minimize the

possibility of Coast Guard competition or interference (other than

by the Coast Guard Auxiliary) with private towing activities or

other commercial enterprise.''

-CITE-

14 USC Sec. 89 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 5 - FUNCTIONS AND POWERS

-HEAD-

Sec. 89. Law enforcement

-STATUTE-

(a) The Coast Guard may make inquiries, examinations,

inspections, searches, seizures, and arrests upon the high seas and

waters over which the United States has jurisdiction, for the

prevention, detection, and suppression of violations of laws of the

United States. For such purposes, commissioned, warrant, and petty

officers may at any time go on board of any vessel subject to the

jurisdiction, or to the operation of any law, of the United States,

address inquiries to those on board, examine the ship's documents

and papers, and examine, inspect, and search the vessel and use all

necessary force to compel compliance. When from such inquiries,

examination, inspection, or search it appears that a breach of the

laws of the United States rendering a person liable to arrest is

being, or has been committed, by any person, such person shall be

arrested or, if escaping to shore, shall be immediately pursued and

arrested on shore, or other lawful and appropriate action shall be

taken; or, if it shall appear that a breach of the laws of the

United States has been committed so as to render such vessel, or

the merchandise, or any part thereof, on board of, or brought into

the United States by, such vessel, liable to forfeiture, or so as

to render such vessel liable to a fine or penalty and if necessary

to secure such fine or penalty, such vessel or such merchandise, or

both, shall be seized.

(b) The officers of the Coast Guard insofar as they are engaged,

pursuant to the authority contained in this section, in enforcing

any law of the United States shall:

(1) be deemed to be acting as agents of the particular

executive department or independent establishment charged with

the administration of the particular law; and

(2) be subject to all the rules and regulations promulgated by

such department or independent establishment with respect to the

enforcement of that law.

(c) The provisions of this section are in addition to any powers

conferred by law upon such officers, and not in limitation of any

powers conferred by law upon such officers, or any other officers

of the United States.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 502; Aug. 3, 1950, ch. 536, Sec.

1, 64 Stat. 406.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 45-47, 51, 52, 66, 67,

104, and on title 33, U.S.C., 1946 ed., Sec. 755 (R.S. 2747, 2758,

2760, 2762; June 18, 1878, ch. 265, Sec. 4, 20 Stat. 163; June 16,

1880, ch. 235, 21 Stat. 263; June 22, 1936, ch. 705, Sec. 1-3, 49

Stat. 1820; July 11, 1941, ch. 290, Sec. 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.

AMENDMENTS

1950 - Subsec. (a). Act Aug. 3, 1950, struck out ''to'' before

''examine'' in second sentence.

QUARTERLY REPORTS ON DRUG INTERDICTION

Pub. L. 104-324, title I, Sec. 103, Oct. 19, 1996, 110 Stat.

3905, provided that: ''Not later than 30 days after the end of each

fiscal year quarter, the Secretary of Transportation shall submit

to the Committee on Transportation and Infrastructure of the House

of Representatives and the Committee on Commerce, Science, and

Transportation of the Senate a report on all expenditures related

to drug interdiction activities of the Coast Guard during that

quarter.''

ENHANCED DRUG-INTERDICTION ASSISTANCE

Pub. L. 99-145, title XIV, Sec. 1421, Nov. 8, 1985, 99 Stat. 750,

required assignment of a member of the Coast Guard to each surface

naval vessel at sea in a drug-interdiction area to perform law

enforcement functions, prior to repeal by Pub. L. 99-570, title

III, Sec. 3053(b)(3), Oct. 27, 1986, 100 Stat. 3207-76. See section

379 of Title 10, Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 sections 973h, 1437;

title 33 section 2605.

-CITE-

14 USC Sec. 90 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 5 - FUNCTIONS AND POWERS

-HEAD-

Sec. 90. Ocean stations

-STATUTE-

(a) The Coast Guard is authorized to operate and maintain

floating ocean stations for the purpose of providing search and

rescue, communication, and air navigation facilities, and

meteorological services in such ocean areas as are regularly

traversed by aircraft of the United States.

(b) The Coast Guard is authorized, subject to approval by the

Administrator of the Federal Aviation Administration, to operate,

on floating ocean stations authorized herein, such air navigation

facilities as the Administrator may find necessary or desirable for

the safe and efficient protection and control of air traffic. The

Coast Guard, in establishing, maintaining, or operating such air

navigation facilities shall request the cooperation of the

Administrator of the Federal Aviation Administration to the end

that the personnel and facilities of the Federal Aviation

Administration will be utilized to the fullest possible advantage.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 502; Pub. L. 85-726, title XIV,

Sec. 1404, Aug. 23, 1958, 72 Stat. 808; Pub. L. 94-546, Sec. 1(8),

Oct. 18, 1976, 90 Stat. 2519.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 50k, 50l (June 22,

1948, ch. 600, 62 Stat. 574).

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

557.

AMENDMENTS

1976 - Subsec. (b). Pub. L. 94-546 substituted ''Federal Aviation

Administration'' for ''Federal Aviation Agency'' wherever

appearing.

1958 - Subsec. (b). Pub. L. 85-726 substituted ''Administrator of

the Federal Aviation Agency'' for ''Administrator of Civil

Aeronautics'' in two places, and ''Federal Aviation Agency'' for

''Civil Aeronautics Administration''.

EFFECTIVE DATE OF 1958 AMENDMENT

Section 1505(2) of Pub. L. 85-726, title XV, Aug. 23, 1958, 72

Stat. 810, provided that the amendment made by Pub. L. 85-726 shall

be effective on the 60th day following the date on which the

Administrator of the Federal Aviation Agency (now Federal Aviation

Administration) first appointed under Pub. L. 85-726 qualifies and

takes office. The Administrator was appointed, qualified, and took

office on Oct. 31, 1958.

-CITE-

14 USC Sec. 91 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 5 - FUNCTIONS AND POWERS

-HEAD-

Sec. 91. Safety of naval vessels

-STATUTE-

(a) The Secretary may control the anchorage and movement of any

vessel in the navigable waters of the United States to ensure the

safety or security of any United States naval vessel in those

waters.

(b) If the Secretary does not exercise the authority in

subsection (a) of this section and immediate action is required,

the senior naval officer present in command may control the

anchorage or movement of any vessel in the navigable waters of the

United States to ensure the safety and security of any United

States naval vessel under the officer's command.

(c) If a person violates, or a vessel is operated in violation

of, this section or a regulation or order issued under this

section, the person or vessel is subject to the enforcement

provisions in section 13 of the Ports and Waterways Safety Act (33

U.S.C. 1232).

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 503; Pub. L. 99-640, Sec.

10(a)(4), Nov. 10, 1986, 100 Stat. 3549.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 48a (Nov. 15, 1941, ch.

471, Sec. 1, 55 Stat. 763).

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

557.

AMENDMENTS

1986 - Pub. L. 99-640 amended section generally. Prior to

amendment, section read as follows: ''The captain of the port,

Coast Guard district commander, or other officer of the Coast Guard

designated by the Commandant thereof, or the Governor of the Panama

Canal in the case of the territory and waters of the Canal Zone,

shall so control the anchorage and movement of any vessel, foreign

or domestic, in the territorial waters of the United States, as to

insure the safety or security of such United States naval vessels

as may be present in his jurisdiction. In territorial waters of

the United States where immediate action is required, or where

representatives of the Coast Guard are not present, or not present

in sufficient force to exercise effective control of shipping as

provided herein, the senior naval officer present in command of any

naval force may control the anchorage or movement of any vessel,

foreign or domestic, to the extent deemed necessary to insure the

safety and security of his command.''

-CITE-

14 USC Sec. 92 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 5 - FUNCTIONS AND POWERS

-HEAD-

Sec. 92. Secretary; general powers

-STATUTE-

For the purpose of executing the duties and functions of the

Coast Guard the Secretary may within the limits of appropriations

made therefor:

(a) establish, change the limits of, consolidate, discontinue,

and re-establish Coast Guard districts;

(b) arrange with the Secretaries of the Army, Navy and Air

Force to assign members of the Coast Guard to any school

maintained by the Army, Navy, and Air Force, for instruction and

training, including aviation schools;

(c) construct, or cause to be constructed, Coast Guard shore

establishments;

(d) design or cause to be designed, cause to be constructed,

accept as gift, or otherwise acquire vessels, and subject to

applicable regulations under subtitle I of title 40 and title III

of the Federal Property and Administrative Services Act of 1949

(41 U.S.C. 251 et seq.) dispose of them;

((e) Repealed. Oct. 31, 1951, ch. 654, Sec. 1(32), 65 Stat.

702)

(f) acquire land or interests in land, including acceptance of

gifts thereof, where required for the purpose of carrying out any

project or purpose for which an appropriation has been made;

(g) exchange land or interests in land in part or in full

payment for such other land or interests in land as may be

necessary or desirable, the balance of such part payment to be

defrayable in accordance with other provisions of this section;

(h) exercise any of the powers vested by this title in the

Commandant in any case in which the Secretary deems it

appropriate; and

(i) do any and all things necessary to carry out the purposes

of this title.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 503; Oct. 31, 1951, ch. 654, Sec.

1(32), 2(9), 3(3), 65 Stat. 702, 707, 708; Pub. L. 97-295, Sec.

2(4), Oct. 12, 1982, 96 Stat. 1301; Pub. L. 98-557, Sec.

15(a)(3)(D), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 107-217, Sec.

3(c)(1), Aug. 21, 2002, 116 Stat. 1298.)

-MISC1-

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., Sec. 95

(Aug. 29, 1916, ch. 417, 39 Stat. 601). Said section has been

divided. The provision authorizing the Secretary to man stations

seems more appropriately given to the operational head of the

Service, the Commandant, and for that reason is incorporated in

section 93(c) of this title.

Subsection (b) is based on title 14, U.S.C., 1946 ed., Sec. 28,

42 (Aug. 16, 1916, ch. 417, 39 Stat. 601; July 3, 1926, ch. 742,

Sec. 11, 44 Stat. 817). These sections were rewritten in order to

broaden existing authority in regard to the training of Coast Guard

personnel at schools of the other armed forces, thus approaching a

practice of war time, and making for economy in the training of

Service personnel; such training would be on a basis mutually

satisfactory to the Secretaries involved.

Subsection (c) is based on R.S. 4242 and on title 14, U.S.C.,

1946 ed., Sec. 29, 93, 94, 98a (R.S. 4245, 4249; May 4, 1882, ch.

117, Sec. 2, 22 Stat. 56; Aug. 29, 1916, ch. 417, 39 Stat. 601;

June 6, 1940, ch. 257, Sec. 4, 54 Stat. 247; Aug. 6, 1947, ch. 502,

61 Stat. 786). This subsection broadens existing law in that it

provides general legislative authority for the construction and

disposal of shore establishments of all types including aviation

stations.

Subsection (d) is based in part on title 14, U.S.C., 1946 ed.,

Sec. 55, 57, 69, 109, and in part on title 31, U.S.C., 1946 ed.,

Sec. 487, 720, (R.S. 2748, 3618, 3692; June 18, 1878, ch. 265, Sec.

3, 20 Stat. 163; Aug. 29, 1916, ch. 417, 39 Stat. 601). This

subsection broadens existing law in that it provides general

legislative authority for the design, construction, acquisition by

other means, and disposal of vessels.

Subsection (e) is new. It is derived from title 14, U.S.C., 1946

ed., Sec. 31b (June 6, 1941, ch. 177, 55 Stat. 247 (which was

originally repealed by act June 30, 1949, ch. 288, title VI, Sec.

602(a)(28), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, Sec.

6(a), (b), 64 Stat. 583)) which provides for the exchange of

vehicles, planes, and engines; similar authority in relation to

vessels, is granted to the Secretary by this subsection and should

prove advantageous to the Government.

Subsection (f) is based on title 14, U.S.C., 1946 ed., Sec. 96

and on title 33, U.S.C., 1946 ed., Sec. 729, 730, 731 (Mar. 3,

1875, ch. 130, Sec. 1, 18 Stat. 372; Mar. 4, 1909, ch. 299, 35

Stat. 972; June 17, 1910, ch. 301, Sec. 9, 36 Stat. 538; Mar. 4,

1913, ch. 168, 37 Stat. 1018). This subsection broadens the power

of the Secretary to receive as a gift or purchase sites for

stations, to include the acquisition of land by any means provided

it is for the purpose of executing duties and functions of the

Coast Guard.

Subsection (g) is based in part on title 33, U.S.C., 1946 ed.,

Sec. 732 (Aug. 28, 1916, ch. 414, Sec. 2, 39 Stat. 538; July 11,

1941, ch. 290, Sec. 1, 55 Stat. 584) and grants authority to the

Secretary to exchange interests in land as payment or part payment

for other interests in land for the purpose of executing the duties

and functions of the Coast Guard; this authority, on the basis of

past experience, will prove advantageous to the Government.

Subsection (h) is new and merely insures that the Secretary may

exercise any of the powers granted to the Commandant in this title.

Subsection (i) is based in part on title 14, U.S.C., 1946 ed.,

Sec. 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.

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (d), is act June 30, 1949, ch. 288, 63 Stat.

377, as amended. Title III of the Act is classified generally to

subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public

Contracts. For complete classification of this Act to the Code, see

Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-217 inserted ''subtitle I of

title 40 and title III of'' before ''the Federal Property and

Administrative Services Act of 1949'' and substituted ''(41 U.S.C.

251 et seq.)'' for ''(40 U.S.C. 471 et seq.)''.

1984 - Subsec. (b). Pub. L. 98-557 substituted reference to

members for reference to officers and enlisted men.

1982 - Subsec. (d). Pub. L. 97-295 substituted ''(40 U.S.C. 471

et seq.)'' for '', as amended,'' after ''Act of 1949''.

1951 - Subsec. (c). Act Oct. 31, 1951, Sec. 3(3), struck out

provision relating to sale or other disposition of unsuitable or

unserviceable shore establishments, and disposition of the net

monies received therefrom.

Subsec. (d). Act Oct. 31, 1951, Sec. 2(9), inserted reference to

applicable regulations of the Federal Property and Administrative

Services Act of 1949, as amended, and struck out requirement that

net monies received from the disposition of vessels be covered into

the Treasury.

Subsec. (e). Act Oct. 31, 1951, Sec. 1(32), repealed subsec. (e)

which empowered the Secretary to exchange vessels and parts thereof

in part payment for new vessels.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

GREAT LAKES LIGHTHOUSES

Pub. L. 107-295, title III, Sec. 345, Nov. 25, 2002, 116 Stat.

2106, provided that:

''(a) Findings. - The Congress finds the following:

''(1) The Great Lakes are home to more than 400 lighthouses.

One hundred and twenty of these maritime landmarks are in the

State of Michigan.

''(2) Lighthouses are an important part of Great Lakes culture

and stand as a testament to the importance of shipping in the

region's political, economic, and social history.

''(3) Advances in navigation technology have made many Great

Lakes lighthouses obsolete. In Michigan alone, approximately 70

lighthouses will be designated as excess property of the Federal

Government and will be transferred to the General Services

Administration for disposal.

''(4) Unfortunately, the Federal property disposal process is

confusing, complicated, and not well-suited to disposal of

historic lighthouses or to facilitate transfers to nonprofit

organizations. This is especially troubling because, in many

cases, local nonprofit historical organizations have dedicated

tremendous resources to preserving and maintaining Great Lakes

lighthouses.

''(5) If Great Lakes lighthouses disappear, the public will be

unaware of an important chapter in Great Lakes history.

''(6) The National Trust for Historic Preservation has placed

Michigan lighthouses on their list of Most Endangered Historic

Places.

''(b) Assistance for Great Lakes Lighthouse Preservation Efforts.

- The Secretary of the department in which the Coast Guard is

operating, may -

''(1) continue to offer advice and technical assistance to

organizations in the Great Lakes region that are dedicated to

lighthouse stewardship; and

''(2) promptly release information regarding the timing of

designations of Coast Guard lighthouses on the Great Lakes as

excess to the needs of the Coast Guard, to enable those

organizations to mobilize and be prepared to take appropriate

action with respect to the disposal of those properties.''

VHF COMMUNICATIONS SERVICES

Pub. L. 107-295, title IV, Sec. 406, Nov. 25, 2002, 116 Stat.

2116, provided that:

''(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 (Pub. L. 104-104) (47 U.S.C. 332

note) with respect to the availability of property or under section

359(d) of the Communications Act of 1934 (47 U.S.C. 357(d)) with

respect to charges for transmission of distress messages.''

PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS; NOTICE TO

RECIPIENTS OF ASSISTANCE

Pub. L. 104-324, title XI, Sec. 1127, Oct. 19, 1996, 110 Stat.

3983, provided that:

''(a) Purchase of American-Made Equipment and Products. - It is

the sense of the Congress that, to the greatest extent practicable,

all equipment and products purchased with funds made available

under this Act (see Tables for classification) should be

American-made.

''(b) Notice to Recipients of Assistance. - In providing

financial assistance under this Act, the official responsible for

providing the assistance, to the greatest extent practicable, shall

provide to each recipient of the assistance a notice describing the

statement made in subsection (a) by the Congress.''

COAST GUARD VESSEL DESIGN

Pub. L. 101-380, title IV, Sec. 4203, Aug. 18, 1990, 104 Stat.

532, provided that: ''The Secretary shall ensure that vessels

designed and constructed to replace Coast Guard buoy tenders are

equipped with oil skimming systems that are readily available and

operable, and that complement the primary mission of servicing aids

to navigation.''

AUTHORIZATION OF JUNIOR RESERVE OFFICERS TRAINING PROGRAM PILOT

PROGRAM

Pub. L. 101-225, title II, Sec. 204, Dec. 12, 1989, 103 Stat.

1911, provided that:

''(a) In General. - The Secretary of the department in which the

Coast Guard is operating (hereinafter in this section referred to

as the 'Secretary') may carry out a pilot program to establish and

maintain a junior reserve officers training program in cooperation

with the Dade County Public School System of Dade County, Florida,

as part of the Maritime and Science Technology Academy established

by that school system (hereinafter in this section referred to as

the 'Academy').

''(b) Program Requirements. - A pilot program carried out by the

Secretary under this section -

''(1) shall be known as the 'Claude Pepper Junior Reserve

Officers Training Program', and

''(2) shall provide to students at the Academy -

''(A) instruction in subject areas relating to operations of

the Coast Guard; and

''(B) training in skills which are useful and appropriate for

a career in the Coast Guard.

''(c) Provision of Additional Support. - To carry out a pilot

program under this section, the Secretary may provide to the

Academy -

''(1) assistance in course development, instruction, and other

support activities;

''(2) commissioned, warrant, and petty officers of the Coast

Guard to serve as administrators and instructors; and

''(3) necessary and appropriate course materials, equipment,

and uniforms.

''(d) Employment of Retired Coast Guard Personnel. -

''(1) In general. - Subject to paragraph (2) of this

subsection, the Secretary may authorize the Academy to employ as

administrators and instructors for the pilot program retired

Coast Guard and Coast Guard Reserve commissioned, warrant, and

petty officers who request that employment and who are approved

by the Secretary and the Academy.

''(2) Authorized pay. - (A) Retired members employed under

paragraph (1) of this subsection are entitled to receive their

retired or retainer pay and an additional amount of not more than

the difference between -

''(i) the amount the individual would be paid as pay and

allowance if they were considered to have been ordered to

active duty during that period of employment; and

''(ii) the amount of retired pay the individual is entitled

to receive during that period.

''(B) The Secretary shall pay to the Academy an amount equal to

one half of the amount described in subparagraph (A) of this

paragraph, from funds appropriated for that purpose.

''(C) Notwithstanding any other law, while employed under this

subsection, an individual is not considered to be on active duty

or inactive duty training.''

CONSIDERATION OF MARITIME ADMINISTRATION VESSELS

Pub. L. 101-225, title II, Sec. 213, Dec. 12, 1989, 103 Stat.

1914, provided that: ''Before acquiring a vessel for use by the

Coast Guard, the Secretary of Transportation or the Commandant of

the Coast Guard, as appropriate, shall review the inventory of

vessels acquired by the Secretary or the Secretary of Commerce as

the result of a default under title XI of the Merchant Marine Act,

1936 (46 App. U.S.C. 1271-1279c), to determine whether any of those

vessels are suitable for use by the Coast Guard.''

LIFESAVING EQUIPMENT ON PASSENGER FERRIES

Section 10 of Pub. L. 98-557 provided that: ''The Secretary of

the department in which the Coast Guard is operating shall proceed

vigorously with efforts to develop improved lifesaving equipment

for use on passenger ferries.''

LEASING OF EXISTING HOUSING FOR ASSIGNMENT AS PUBLIC QUARTERS TO

MILITARY PERSONNEL AND DEPENDENTS

Pub. L. 89-381, Sec. 2, Mar. 30, 1966, 80 Stat. 97, during fiscal

years 1967 through and including 1968, authorized the Secretary of

the Department in which the Coast Guard was operating to lease

existing housing facilities at or near Coast Guard installations in

the United States and Puerto Rico for assignment as public quarters

to military personnel and their dependents.

AIRCRAFT

Provisions specifying the maximum number of aircraft on hand at

any one time, exclusive of planes and parts stored to meet future

attrition, were contained in the following appropriation acts:

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

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

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

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

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

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

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

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

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

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

Pub. L. 100-202, Sec. 101(l) (title I), Dec. 22, 1987, 101 Stat.

1329-358, 1329-359.

Pub. L. 99-500, Sec. 101(l) (H.R. 5205, title I), Oct. 18, 1986,

100 Stat. 1783-308, and Pub. L. 99-591, Sec. 101(l), Oct. 30, 1986,

100 Stat. 3341-308.

Pub. L. 99-190, Sec. 101(e) (title I), Dec. 19, 1985, 99 Stat.

1267, 1269.

Pub. L. 98-473, title I, Sec. 101(i) (title I), Oct. 12, 1984, 98

Stat. 1944, 1945.

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

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

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

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

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

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

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

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

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

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

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

Pub. L. 93-398, title I, Aug. 22, 1972, 86 Stat. 581.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

APPROPRIATION AUTHORIZATION FOR CONSTRUCTION OF SHORE OR OFFSHORE

ESTABLISHMENTS OR FOR PROCUREMENT OF VESSELS OR AIRCRAFT

Pub. L. 88-45, Sec. 1, June 21, 1963, 77 Stat. 68, provided that

after fiscal year 1964, funds could not be appropriated to or for

the use of the Coast Guard for the construction of shore or

offshore establishments, or for the procurement of vessels or

aircraft, unless the appropriation of such funds had been

authorized by legislation enacted after Dec. 31, 1963, prior to

repeal by Pub. L. 99-640, Sec. 10(a)(9), Nov. 10, 1986, 100 Stat.

3549.

-CITE-

14 USC Sec. 93 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 5 - FUNCTIONS AND POWERS

-HEAD-

Sec. 93. Commandant; general powers

-STATUTE-

For the purpose of executing the duties and functions of the

Coast Guard the Commandant may:

(a) maintain water, land, and air patrols, and ice-breaking

facilities;

(b) establish and prescribe the purpose of, change the location

of, consolidate, discontinue, re-establish, maintain, operate,

and repair Coast Guard shore establishments;

(c) 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;

(d) conduct experiments, investigate, or cause to be

investigated, plans, devices, and inventions relating to the

performance of any Coast Guard function and cooperate and

coordinate such activities with other Government agencies and

with private agencies;

(e) 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;

(f) collect, publish, and distribute information concerning

Coast Guard operations;

(g) conduct or make available to personnel of the Coast Guard

such specialized training and courses of instruction, including

correspondence courses, as may be necessary or desirable for the

good of the service;

(h) 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 title III

of the Federal Property and Administrative Services Act of 1949

(41 U.S.C. 251 et seq.) dispose of them;

(i) acquire, accept as gift, maintain, repair, and discontinue

aids to navigation, appliances, equipment, and supplies;

(j) equip, operate, maintain, supply, and repair Coast Guard

districts and shore establishments;

((k) Repealed. Oct. 31, 1951, ch. 654, Sec. 1(33), 65 Stat.

702)

(l) 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;

(m) 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;

(n) 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 Treasury;

(o) 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;

(p) 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;

(q) establish, install, abandon, reestablish, change the

location of, operate, maintain, and repair radio transmitting and

receiving stations;

(r) provide medical and dental care for personnel entitled

thereto by law or regulation, including care in private

facilities;

(s) 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, (FOOTNOTE 1)

(FOOTNOTE 1) So in original. The comma probably should be a

semicolon.

(t) 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 -

(1) 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

(2) a person providing voluntary services under this

subsection shall not be considered a Federal employee except

for purposes of chapter 81 of title 5, United States Code, with

respect to compensation for work-related injuries, and chapter

171 of title 28, United States Code, with respect to tort

claims;

(u) enter into cooperative agreements with other Government

agencies and the National Academy of Sciences;

(v) require that any member of the Coast Guard or Coast Guard

Reserve (including a cadet or an applicant for appointment or

enlistment to any of the foregoing and any member of a uniformed

service who is assigned to the Coast Guard) request that all

information contained in the National Driver Register pertaining

to the individual, as described in section 30304(a) of title 49,

be made available to the Commandant under section 30305(a) of

title 49, may receive that information, and upon receipt, shall

make the information available to the individual;

(w) 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); and

(x) 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.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 504; Aug. 3, 1950, ch. 536, Sec.

2, 64 Stat. 406; Oct. 31, 1951, ch. 654, Sec. 1(33), 2(10), 4(1),

65 Stat. 702, 707, 709; Pub. L. 94-546, Sec. 1(9), Oct. 18, 1976,

90 Stat. 2519; Pub. L. 97-136, Sec. 6(d), Dec. 29, 1981, 95 Stat.

1706; Pub. L. 97-276, Sec. 143, Oct. 2, 1982, 96 Stat. 1199; Pub.

L. 97-295, Sec. 2(4), Oct. 12, 1982, 96 Stat. 1301; Pub. L. 97-322,

title I, Sec. 115(c), Oct. 15, 1982, 96 Stat. 1586; Pub. L.

102-241, Sec. 7, Dec. 19, 1991, 105 Stat. 2212; Pub. L. 103-206,

title II, Sec. 202, title III, Sec. 316, Dec. 20, 1993, 107 Stat.

2420, 2426; Pub. L. 104-324, title II, Sec. 207(a), Oct. 19, 1996,

110 Stat. 3908; Pub. L. 105-383, title II, Sec. 202, 203, Nov. 13,

1998, 112 Stat. 3414, 3415; Pub. L. 107-217, Sec. 3(c)(2), Aug. 21,

2002, 116 Stat. 1298.)

-MISC1-

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., Sec.

53, and title 34, U.S.C., 1946 ed., Sec. 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., Sec. 29, 93, 94, 95, 97, 98a (R.S. 4245, 4249; May 4,

1882, ch. 117, Sec. 2, 3, 22 Stat. 56; Aug. 29, 1916, ch. 417, 39

Stat. 601; Aug. 6, 1947, ch. 502, 61 Stat. 786; June 6, 1940, ch.

257, Sec. 4, 54 Stat. 247), and specifically grants to the

Commandant authority in regard to the establishment,

discontinuance, and change of Coast Guard shore establishments

other than Coast Guard districts. This power must exist inherently

in order for the Service to function efficiently.

Subsection (c) is derived from title 14, U.S.C., 1946 ed., Sec.

54, 97, 112 (May 4, 1882, ch. 117, Sec. 3, 22 Stat. 56; May 30,

1908, ch. 231, 35 Stat. 553; Apr. 21, 1910, ch. 182, Sec. 2, 36

Stat. 326), and specifically grants to the Commandant authority in

regard to the assignment of vessels, vehicles, aids to navigation,

and other equipment. This power is inherent to the proper

functioning of any Service.

Subsection (d) is based on title 14, U.S.C., 1946 ed., Sec. 91

(June 18, 1878, ch. 265, Sec. 7, 20 Stat. 164; June 10, 1921, ch.

18, Sec. 304, 42 Stat. 24; July 3, 1926, ch. 742, Sec. 9, 44 Stat.

817). Said section has been divided. The part dealing with

investigation of plans and inventions is covered in this subsection

in broader terms, and the other parts are covered in general terms

in section 632 of this title.

Subsection (e) is based on title 14, U.S.C., 1946 ed., Sec. 111

(June 18, 1878, ch. 265, Sec. 9, 20 Stat. 164). This section has

been rewritten to broaden the authority to include any

investigation or study that may be of assistance to the Coast

Guard, the limitation as to investigation of shipwrecks having been

eliminated.

Subsection (f) is new and is intended to give legislative

recognition to the importance of disseminating information by the

Coast Guard for the promotion of safety at sea, life-saving

techniques, and other Coast Guard activities.

Subsection (g) is new and provides for the training of Coast

Guard personnel at other than schools or institutions of the other

armed forces. Such training is essential and has been carried on

under the authority of appropriation acts for many years.

Subsection (h) is based in part on title 14, U.S.C., 1946 ed.,

Sec. 69, 108, 109, (R.S. 2748; June 20, 1874, ch. 344, Sec. 9, 18

Stat. 127; June 18, 1878, ch. 265, Sec. 3, 20 Stat. 163), and is

intended to complement the authority granted to the Secretary in

sec. 92(d) of this title granting similar authority to the

Commandant as to smaller craft.

Subsection (i) is based in part on title 14, U.S.C., Sec. 108,

109, and on title 33, U.S.C., 1946 ed., Sec. 752 (June 20, 1874,

ch. 344, Sec. 9, 18 Stat. 127; June 18, 1878, ch. 265, Sec. 3, 20

Stat. 163; Mar. 4, 1913, ch. 168, 37 Stat. 10183, and grants power

to the Commandant to acquire and dispose of various equipment and

supplies. The authority with respect to the acceptance of such

equipment as a gift is new.

Subsection (j) is new and grants power to the Commandant to

operate and maintain shore establishments; previously such

authority has been inferred from statutes providing for the

establishment of shore stations; again such authority is inherent

to the functioning of any Service, and this section will provide no

greater authority than has been exercised in the past.

Subsection (k) is based on title 14, U.S.C., 1946 ed., Sec. 31b

(June 6, 1941, ch. 177, 55 Stat. 247 (which was originally repealed

by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(28), 63 Stat.

399, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat.

583)). The primary authority is granted to the Commandant as well

as to the Secretary inasmuch as such exchange seems to be an

operational matter and the items which may be exchanged have been

enlarged by the addition of aids to navigation, appliances,

equipment, and supplies.

Inasmuch as the act cited above applies to the Navy as well as

the Coast Guard it is not scheduled for repeal but is being amended

by section 13 of this act to eliminate reference to the Coast

Guard.

Subsection (l) is new and is deemed desirable in order to give

legislative authority for existing yards, and for the procurement

of needed equipment and material in case such is not normally or

economically obtainable from private contractors.

Subsection (m) is based on title 14, U.S.C., 1946 ed., Sec. 110,

192 (June 20, 1874, ch. 344, Sec. 6, 18 Stat. 127; June 18, 1878,

ch. 265, Sec. 10, 20 Stat. 165; July 3, 1926, ch. 742, Sec. 9, 44

Stat. 817). The power to accept volunteer services is enlarged to

include all services offered in time of emergency, to save life or

protect property, and the restrictive provisions relating to

lifeboat stations only have been eliminated.

Subsection (n) is new and grants authority to the Commandant to

lease real property under the control of the Coast Guard, when not

immediately needed in Coast Guard operations. Such authority will

be advantageous to the Government, on the basis of past experience.

Subsection (o) is new and is supplementary to subsection (n) of

this section. It grants further authority to the Commandant

permitting him to grant minor interests in land which is under

control of the Coast Guard. This will avoid the necessity of

special acts of Congress in each of such instances.

Subsection (p) is new and is necessary to give proper authority

for the maintenance of networks of wires and cables, in some cases

over or along private property or public highways. These networks

are in existence at the present time and are essential for the

Service to carry out its functions.

Subsection (q) is new and is necessary in order to provide clear

authority for the maintenance of radio stations which are essential

to Coast Guard functions.

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

557.

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (h), is act June 30, 1949, ch. 288, 63 Stat.

377, as amended. Title III of the Act is classified generally to

subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public

Contracts. For complete classification of this Act to the Code, see

Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (h). Pub. L. 107-217 inserted ''subtitle I of

title 40 and title III of'' before ''the Federal Property and

Administrative Services Act of 1949'' and substituted ''(41 U.S.C.

251 et seq.)'' for ''(40 U.S.C. 471 et seq.)''.

1998 - Subsec. (w). Pub. L. 105-383, Sec. 202, added subsec. (w).

Subsec. (x). Pub. L. 105-383, Sec. 203, added subsec. (x).

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

1993 - Subsec. (t). Pub. L. 103-206, Sec. 202, added subsec. (t).

Subsec. (u). Pub. L. 103-206, Sec. 316, added subsec. (u).

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

1982 - Subsec. (h). Pub. L. 97-295 substituted ''(40 U.S.C. 471

et seq.)'' for '', as amended,'' after ''Act of 1949''.

Subsec. (r). Pub. L. 97-276 and Pub. L. 97-322 made identical

amendments adding subsec. (r) relating to medical and dental care

for personnel entitled thereto by law or regulation, including care

in private facilities.

1981 - Subsec. (p). Pub. L. 97-136, inserted ''including

telephones in residences leased or owned by the Government of the

United States when appropriate to assure efficient response to

extraordinary operational contingencies of a limited duration,''

after ''of such lines and cables,''.

1976 - Subsec. (n). Pub. L. 94-546 substituted ''to be deposited

in the Treasury'' for ''to be covered into the Treasury''.

1951 - Subsec. (h). Act Oct. 31, 1951, Sec. 2(10), inserted

reference to applicable regulations of the Federal Property and

Administrative Services Act of 1949, as amended, and struck out the

requirement that net monies received from the disposition of patrol

boats, etc., be covered into the Treasury.

Subsec. (i). Act Oct. 31, 1951, Sec. 4(1), inserted provision

permitting discontinuance of aids to navigation, etc., and struck

out provision permitting discontinuance or other disposition of

obsolete, unsuitable, or unserviceable aids to navigation, etc.,

and the requirement that the net monies received from such

disposition be covered into the Treasury.

Subsec. (k). Act Oct. 31, 1951, Sec. 1(33), repealed subsec. (k)

which empowered the Commandant to exchange aircraft, vehicles, and

parts thereof, and obsolete, unsuitable, or unserviceable machines,

tools, aids to navigation, appliances, equipment, and supplies in

part payment for new items of the same or similar character.

1950 - Subsec. (o). Act Aug. 3, 1950, struck out ''and'' after

the semicolon.

Subsec. (p). Act Aug. 3, 1950, substituted ''; and'' for the

period at end.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

ICEBREAKING SERVICES

Pub. L. 107-295, title IV, Sec. 429, Nov. 25, 2002, 116 Stat.

2127, provided that: ''The Commandant of the Coast Guard shall not

plan, implement, or finalize any regulation or take any other

action which would result in the decommissioning of any WYTL-class

harbor tugs unless and until the Commandant certifies in writing to

the Committee on Commerce, Science, and Transportation of the

Senate and the Committee on Transportation and Infrastructure of

the House of Representatives that sufficient replacement capability

has been procured by the Coast Guard to remediate any degradation

in current icebreaking services that would be caused by such

decommissioning.''

FISHING VESSEL SAFETY TRAINING

Pub. L. 107-295, title IV, Sec. 430, Nov. 25, 2002, 116 Stat.

2128, provided that:

''(a) In General. - The Commandant of the Coast Guard may provide

support, with or without reimbursement, to an entity engaged in

fishing vessel safety training, including -

''(1) assistance in developing training curricula;

''(2) use of Coast Guard personnel, including active duty

members, members of the Coast Guard Reserve, and members of the

Coast Guard Auxiliary, as temporary or adjunct instructors;

''(3) sharing of appropriate Coast Guard informational and

safety publications; and

''(4) participation on applicable fishing vessel safety

training advisory panels.

''(b) No Interference With Other Functions. - In providing

support under subsection (a), the Commandant shall ensure that the

support does not interfere with any Coast Guard function or

operation.''

CONVEYANCE OF LIGHTHOUSES; NOTIFICATION

Pub. L. 105-383, title IV, Sec. 416(d), Nov. 13, 1998, 112 Stat.

3437, provided that: ''Not less than 1 year prior to reporting to

the General Services Administration that a lighthouse or light

station eligible for listing under the National Historic

Preservation Act of 1966 (16 U.S.C. 470 et seq.) and under the

jurisdiction of the Coast Guard is excess to the needs of the Coast

Guard, the Commandant of the Coast Guard shall notify the State in

which the lighthouse or light station is located, (including the

State Historic Preservation Officer, if any) the appropriate

political subdivision of that State, and any lighthouse, historic,

or maritime preservation organizations in that State, that such

property is excess to the needs of the Coast Guard.''

SMALL WATERPLANE AREA TWIN HULL (SWATH) TECHNOLOGY

Pub. L. 105-383, title IV, Sec. 425(a), Nov. 13, 1998, 112 Stat.

3441, provided that: ''The Commandant of the Coast Guard shall,

within 18 months after the date of the enactment of this Act (Nov.

13, 1998), report to the Senate Committee on Commerce, Science, and

Transportation and the House Committee on Transportation and

Infrastructure on the applicability of Small Waterplane Area Twin

Hull (SWATH) technology, including concepts developed by the United

States Office of Naval Research, to the design of Coast Guard

vessels.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 section 30305.

-CITE-

14 USC Sec. 94 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 5 - FUNCTIONS AND POWERS

-HEAD-

Sec. 94. Oceanographic research

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 87-396, Sec. 1, Oct. 5, 1961, 75 Stat. 827.)

-CITE-

14 USC Sec. 95 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 5 - FUNCTIONS AND POWERS

-HEAD-

Sec. 95. Special agents of the Coast Guard Investigative Service

law enforcement authority

-STATUTE-

(a)(1) A special agent of the Coast Guard Investigative Service

designated under subsection (b) has the following authority:

(A) To carry firearms.

(B) To execute and serve any warrant or other process issued

under the authority of the United States.

(C) To make arrests without warrant for -

(i) any offense against the United States committed in the

agent's presence; or

(ii) any felony cognizable under the laws of the United

States if the agent has probable cause to believe that the

person to be arrested has committed or is committing the

felony.

(2) The authorities provided in paragraph (1) shall be exercised

only in the enforcement of statutes for which the Coast Guard has

law enforcement authority, or in exigent circumstances.

(b) The Commandant may designate to have the authority provided

under subsection (a) any special agent of the Coast Guard

Investigative Service whose duties include conducting, supervising,

or coordinating investigation of criminal activity in programs and

operations of the United States Coast Guard.

(c) The authority provided under subsection (a) shall be

exercised in accordance with guidelines prescribed by the

Commandant and approved by the Attorney General and any other

applicable guidelines prescribed by the Secretary of Homeland

Security or the Attorney General.

-SOURCE-

(Added Pub. L. 100-448, Sec. 10(a), Sept. 28, 1988, 102 Stat. 1842;

amended Pub. L. 105-383, title II, Sec. 205(a), Nov. 13, 1998, 112

Stat. 3415; Pub. L. 107-296, title XVII, Sec. 1704(a), Nov. 25,

2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

1998 - Pub. L. 105-383 substituted ''Special agents of the Coast

Guard Investigative Service law enforcement authority'' for

''Civilian agents authorized to carry firearms'' as section

catchline and amended text generally. Prior to amendment, text

read as follows: ''Under regulations prescribed by the Secretary

with the approval of the Attorney General, civilian special agents

of the Coast Guard may carry firearms or other appropriate weapons

while assigned to official investigative or law enforcement

duties.''

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

-CITE-

14 USC Sec. 96 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 5 - FUNCTIONS AND POWERS

-HEAD-

Sec. 96. Prohibition on overhaul, repair, and maintenance of Coast

Guard vessels in foreign shipyards

-STATUTE-

A Coast Guard vessel the home port of which is in a State of the

United States may not be overhauled, repaired, or maintained in a

shipyard outside the United States, other than in the case of

voyage repairs.

-SOURCE-

(Added Pub. L. 104-324, title III, Sec. 311(a), Oct. 19, 1996, 110

Stat. 3920.)

-CITE-

14 USC Sec. 97 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 5 - FUNCTIONS AND POWERS

-HEAD-

Sec. 97. Procurement of buoy chain

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 104-324, title XI, Sec. 1128(a), Oct. 19, 1996, 110

Stat. 3984.)

-CITE-