US (United States) Code. Title 14. Part I: Regular Coast Guard. Chapter 17: Administration

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

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-CITE-

14 USC CHAPTER 17 - ADMINISTRATION 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

.

-HEAD-

CHAPTER 17 - ADMINISTRATION

-MISC1-

Sec.

631. Delegation of powers by the Secretary.

632. Functions and powers vested in the Commandant.

633. Regulations.

634. Officers holding certain offices.

635. Oaths required for boards.

636. Administration of oaths.

637. Stopping vessels; immunity for firing at or into vessel.

638. Coast Guard ensigns and pennants.

639. Penalty for unauthorized use of words ''Coast Guard''.

640. Coast Guard band recordings for commercial sale.

641. Disposal of certain material.

642. Deposit of damage payments.

643. Rewards for apprehension of persons interfering with aids to

navigation.

644. Payment for the apprehension of stragglers.

645. Confidentiality of medical quality assurance records;

qualified immunity for participants.

646. Admiralty claims against the United States.

647. Claims for damage to property of the United States.

648. Accounting for industrial work.

649. Supplies and equipment from stock.

650. Coast Guard Supply Fund.

651. Annual report.

652. Removing restrictions.

653. Employment of draftsmen and engineers.

654. Public and commercial vessels and other watercraft; sale of

fuel, supplies, and services.

655. Arms and ammunition; immunity from taxation.

656. Use of moneys appropriated for acquisition, construction, and

improvement; for research, development, test, and evaluation; and

for the alteration of bridges over the navigable waters.

657. Dependent school children.

658. Confidential investigative expenses.

659. Assistance to film producers.

660. Transportation to and from certain places of employment.

661. Authorization of personnel end strengths.

662. Requirement for prior authorization of appropriations.

663. Submission of plans to Congress.

664. User fees.

665. Restriction on construction of vessels in foreign shipyards.

666. Local hire.

667. Vessel construction bonding requirements.

668. Contracts for medical care for retirees, dependents, and

survivors: alternative delivery of health care.

669. Telephone Installation and Charges. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Capitalization does not conform to

section catchline.

670. Procurement authority for family housing.

671. Air Station Cape Cod Improvements.

672. Long-term lease authority for navigation and communications

systems sites.

672a. Long-term lease authority for lighthouse property.

673. Designation, powers, and accountability of deputy disbursing

officials.

674. Small boat station capability. (FOOTNOTE 2)

(FOOTNOTE 2) So in original. Does not conform to section

catchline.

675. Small boat station closures.

676. Search and rescue center standards.

AMENDMENTS

2002 - Pub. L. 107-296, title XVII, Sec. 1704(f)(2), Nov. 25,

2002, 116 Stat. 2316, which directed the redesignation of item 673

''Small boat station rescue capability'' as item 673a, could not be

executed because of prior amendment by Pub. L. 107-295, Sec.

405(c), see below.

Pub. L. 107-295, title IV, Sec. 405(c), 417(b), Nov. 25, 2002,

116 Stat. 2116, 2123, added items 672a and 674 to 676, and struck

out item 673 ''Small boat station rescue capability'' and former

item 674 ''Small boat station closures''.

1996 - Pub. L. 104-324, title III, Sec. 309(b), Oct. 19, 1996,

110 Stat. 3919, added item 673 ''Small boat station rescue

capability'' and item 674.

Pub. L. 104-201, div. A, title X, Sec. 1009(a)(2)(B), Sept. 23,

1996, 110 Stat. 2634, added item 673 ''Designation, powers, and

accountability of deputy disbursing officials''.

1993 - Pub. L. 103-206, title III, Sec. 302(b), 303(b), 304(b),

Dec. 20, 1993, 107 Stat. 2423, 2424, added items 670, 671, and 672.

1992 - Pub. L. 102-587, title V, Sec. 5203(b), 5204(b), Nov. 4,

1992, 106 Stat. 5074, added items 645 and 669.

1990 - Pub. L. 101-595, title III, Sec. 306(b), 319(b), Nov. 16,

1990, 104 Stat. 2985, 2989, added items 667 and 668.

Pub. L. 101-510, div. A, title III, Sec. 327(d)(2), Nov. 5,

1990, 104 Stat. 1532, added item 640.

1989 - Pub. L. 101-225, title II, Sec. 206(b), Dec. 12, 1989, 103

Stat. 1913, added item 666.

1988 - Pub. L. 100-690, title VII, Sec. 7401(b), Nov. 18, 1988,

102 Stat. 4483, substituted ''immunity for firing at or into

vessel'' for ''immunity of Coast Guard officer'' in item 637.

Pub. L. 100-448, Sec. 26(b), 29(b), Sept. 28, 1988, 102 Stat.

1848, 1849, added items 659 and 665.

1986 - Pub. L. 99-509, title V, Sec. 5102(a)(1), Oct. 21, 1986,

100 Stat. 1925, added item 664.

1982 - Pub. L. 97-295, Sec. 2(17), (19)(B), (20)(B), Oct. 12,

1982, 96 Stat. 1302, 1303, struck out items 645 and 659, and added

items 661, 662, and 663.

1980 - Pub. L. 96-376, Sec. 10(b), Oct. 3, 1980, 94 Stat. 1511,

added item 660.

1977 - Pub. L. 95-61, Sec. 4(2), July 1, 1977, 91 Stat. 260,

added item 659.

1974 - Pub. L. 93-283, Sec. 1(11), May 14, 1974, 88 Stat. 140,

substituted ''Use of moneys appropriated for acquisition,

construction, and improvement; for research, development, test, and

evaluation; and for the alteration of bridges over the navigable

waters'' for ''Use of appropriations to restore, replace,

establish, or develop facilities'' in item 656, and added item 658.

1972 - Pub. L. 92-417, Sec. 2(b), Aug. 29, 1972, 86 Stat. 656,

substituted ''Admiralty claims against the United States'' for

''Claims for damages occasioned by vessels'' in item 646.

1970 - Pub. L. 91-278, Sec. 1(15), June 12, 1970, 84 Stat. 306,

added item 657.

1963 - Pub. L. 88-45, Sec. 3, June 21, 1963, 77 Stat. 69, added

item 656.

1962 - Pub. L. 87-526, Sec. 1(7), July 10, 1962, 76 Stat. 142,

added item 655.

1959 - Pub. L. 86-159, Sec. 2, Aug. 14, 1959, 73 Stat. 358, added

item 654.

1958 - Pub. L. 85-861, Sec. 5(1), Sept. 2, 1958, 72 Stat. 1547,

struck out item 640.

1956 - Act Aug. 7, 1956, ch. 1023, Sec. 1(b), 70 Stat. 1077,

substituted ''Coast Guard Supply Fund'' for ''Coast Guard supply

fund and supply account'' in item 650.

-CITE-

14 USC Sec. 631 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 631. Delegation of powers by the Secretary

-STATUTE-

The Secretary is authorized to confer or impose upon the

Commandant any of the rights, privileges, powers, or duties, in

respect to the administration of the Coast Guard, vested in or

imposed upon the Secretary by this title or other provisions of

law.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 544; Pub. L. 94-546, Sec. 1(33),

Oct. 18, 1976, 90 Stat. 2521.)

-MISC1-

HISTORICAL AND REVISION NOTES

This section authorizes the Secretary to delegate to the

Commandant any of the authority granted to him in respect to the

administration of the Coast Guard. Such power to delegate is

granted by other statutes to the heads of many of the executive

departments. 81st Congress, House Report No. 557.

AMENDMENTS

1976 - Pub. L. 94-546 substituted ''Secretary'' for ''Secretary

of the Treasury'' wherever appearing and substituted ''Commandant''

for ''Commandant of the Coast Guard''.

ADMINISTRATIVE ADVISORY COMMITTEES; SOLICITATION OF NOMINATIONS FOR

MEMBERSHIP; PUBLICATION IN FEDERAL REGISTER; DISCLOSURES TO

CONGRESS; COMPENSATION AND TRAVEL EXPENSES

Pub. L. 97-322, title I, Sec. 118(e), Oct. 15, 1982, 96 Stat.

1587, provided that:

''(1) The Secretary of the department in which the Coast Guard is

operating shall, not less often than once a year, publish notice in

the Federal Register for solicitation of nominations for membership

on any advisory committee established administratively for the

purpose of giving advice and recommendations to such Secretary or

the Commandant of the Coast Guard with respect to functions of the

Coast Guard.

''(2) Any advisory committee described in paragraph (1) of this

subsection is authorized to make available to Congress any

information, advice, and recommendations which the committee is

authorized to give to the Secretary of the department in which the

Coast Guard is operating or the Commandant of the Coast Guard.

''(3) Members of any advisory committee described in paragraph

(1) of this subsection who are not officers or employees of the

United States shall serve without pay and members of any such

committee who are officers or employees of the United States shall

receive no additional pay on account of their service on such

committee. While away from their homes or regular places of

business, members of any such committee may be allowed travel

expenses, including per diem in lieu of subsistence, as authorized

by section 5703 of title 5, United States Code.''

-CITE-

14 USC Sec. 632 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 632. Functions and powers vested in the Commandant

-STATUTE-

All powers and functions conferred upon the Coast Guard, or the

Commandant, by or pursuant to this title or any other law shall,

unless otherwise specifically stated, be executed by the Commandant

subject to the general supervision of the Secretary. In order to

execute the powers and functions vested in him, the Commandant may

assign personnel of the Coast Guard to duty in the District of

Columbia, elsewhere in the United States, in any territory of the

United States, and in any foreign country, but such personnel shall

not be assigned to duties in any foreign country without the

consent of the government of that country; assign to such personnel

such duties and authority as he deems necessary; and issue rules,

orders, and instructions, not inconsistent with law, relating to

the organization, internal administration, and personnel of the

Coast Guard.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 545.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 5, U.S.C., 1946 ed., Sec. 41, and on title 14,

U.S.C., 1946 ed. Sec. 22, 58, 91, 99, 103 (R.S. 2749; June 18,

1878, ch. 265, Sec. 7, 8, 22 Stat. 164; May 4, 1882, ch. 117, Sec.

5, 22 Stat. 57; Mar. 4, 1907, ch. 2918, 34 Stat. 1309; Jan. 28,

1915, ch. 20, Sec. 1, 38 Stat. 800; Aug. 29, 1916, ch. 417, 39

Stat. 601; June 10, 1921, ch. 18, Sec. 304, 42 Stat. 23; July 3,

1926, ch. 742, Sec. 9, 44 Stat. 817).

Said section 91 has been divided. That part dealing with

investigation of plans and inventions is covered in section 93(d)

of this title. The remainder is covered in general terms. It has

been rewritten in broad terms, making clear that the Commandant is

granted the necessary authority to administer the Coast Guard under

the Secretary, including authority to issue rules, orders, and

instructions.

This section is primarily a consolidation of existing functions

rather than a codification of existing laws. It does not, for the

most part, grant new authority to the Coast Guard as an

organization. It merely clarifies the method by which Coast Guard

functions shall be administered. Under existing statutes,

functions relating to the Coast Guard have been conferred upon the

President, the Secretary of the Treasury, and the Commandant, and

sometimes upon the Secretary of the Treasury in times of peace and

the Secretary of the Navy in times of war. This revision confers

some functions directly upon the Coast Guard, and this section

provides for the execution of those functions by the Commandant,

the military head of the organization, thereby making for

consistency and uniformity. The functions are to be executed

''subject to the general supervision of the Secretary''. Title 14,

U.S.C., 1946 ed., Sec. 91 now grants authority to the Commandant to

prescribe regulations; this is changed to the issuance of rules,

orders, and instructions as the promulgation of regulations in a

military organization is properly a function of the Secretary.

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

557.

-CITE-

14 USC Sec. 633 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 633. Regulations

-STATUTE-

In addition to the authority conferred by other provisions of

this title the Secretary may promulgate such regulations and orders

as he deems appropriate to carry out the provisions of this title

or any other law applicable to the Coast Guard.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 545.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 92, 185e (June 20,

1874, ch. 344, Sec. 8, 18 Stat. 127; May 26, 1906, ch. 2556, Sec.

1, 34 Stat. 200; May 24, 1939, ch. 146, Sec. 6, 53 Stat. 756).

This section enlarges said sections to prescribe what is

generally understood in a military organization, that the

promulgation of regulations is a function of the head of the

Department.

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

557.

-CITE-

14 USC Sec. 634 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 634. Officers holding certain offices

-STATUTE-

(a) 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.

(b) Commissioned officers may be appointed as United States

Deputy Marshals in Alaska.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 545; Pub. L. 86-70, Sec. 11, June

25, 1959, 73 Stat. 143; Pub. L. 97-295, Sec. 2(18), Oct. 12, 1982,

96 Stat. 1302.)

-MISC1-

HISTORICAL AND REVISION NOTES

1949 ACT

Subsection (a) is based on title 14, U.S.C., 1946 ed., Sec. 48

(June 22, 1936, ch. 705, Sec. 4, 49 Stat. 1821; July 11, 1941, ch.

290, Sec. 7, 55 Stat. 585).

Subsection (b) is derived from the last 6 lines of title 48,

U.S.C., 1946 ed., Sec. 1460 (July 31, 1939, ch. 399, 53 Stat.

1143). An additional provision is added waiving the requirement of

a performance bond inasmuch as Coast Guard officers appointed as

United States commissioners or marshals are not custodians of

funds, and in any case their oath as a commissioned officer appears

to be sufficient to insure faithful performance of duty.

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

557.

1982 ACT

This amends 14:634(b) to reflect the effect of 28:631(c) and

sections 401(a) and 402(a) of the Federal Magistrates Act (Pub. L.

90-578, Oct. 17, 1968, 82 Stat. 1118).

AMENDMENTS

1982 - Subsec. (b). Pub. L. 97-295 struck out ''United States

Commissioners or'' after ''appointed as'' and last sentence which

provided that any commissioned officer appointed as United States

Commissioner in Alaska shall not be required to execute a bond for

the faithful performance of his official duties as such

Commissioner.

1959 - Subsec. (b). Pub. L. 86-70 substituted ''in Alaska'' for

''in and for the territory of Alaska'' in two places.

-CITE-

14 USC Sec. 635 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 635. Oaths required for boards

-STATUTE-

The members of a retiring board, selection board, examining

board, and any other board authorized to be assembled pursuant to

this title shall be sworn to discharge their duties honestly and

impartially, the oath to be administered to the members by the

President or other presiding officer of the board, and to him by

the junior member or recorder.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 545.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 170 (Apr. 12, 1902, ch.

501, Sec. 5, 32 Stat. 100).

Said section has been divided. That part relating to oaths is

covered in this section. The remainder is covered in section 425

of this title.

Said section is enlarged to include the oaths required for all

boards, rather than to cover retiring boards only. 81st Congress,

House Report No. 557.

-CITE-

14 USC Sec. 636 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 636. Administration of oaths

-STATUTE-

(a) Such commissioned and warrant officers of the Coast Guard as

may be designated by the Commandant may, pursuant to rules

prescribed by the Commandant, exercise the general powers of a

notary public in the administration of oaths for the following

purposes:

(1) execution, acknowledgment, and attestation of instruments

and papers, oaths of allegiance in connection with recruiting,

oaths in connection with courts and boards, and all other

notarial acts in connection with the proper execution of Coast

Guard functions;

(2) execution, acknowledgment, and attestation of instruments

and papers, and all other notarial acts in time of war or

national emergency; and

(3) execution, acknowledgment, and attestation of instruments

and papers, and all other notarial acts in Alaska and places

beyond the continental limits of the United States where the

Coast Guard is serving.

(b) No fee of any character shall be charged by any commissioned

or warrant officer for performing notarial acts. The signature and

indication of grade of any commissioned or warrant officer

performing any notarial act shall be prima facie evidence of his

authority.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 545.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 26, 27 (Apr. 16, 1908,

ch. 145, Sec. 12, 35 Stat. 63; June 5, 1920, ch. 235, Sec. 1, 41

Stat. 880).

Said sections are rewritten, the provisions concerning oaths

being broadened to conform more closely to law applicable to

officers of the Navy (see title 34, U.S.C., 1946 ed., Sec. 217a).

81st Congress, House Report No. 557.

-CITE-

14 USC Sec. 637 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 637. Stopping vessels; immunity for firing at or into vessel

-STATUTE-

(a) Whenever any vessel liable to seizure or examination does not

stop on being ordered to do so or on being pursued by an authorized

vessel or authorized aircraft which has displayed the ensign,

pennant, or other identifying insignia prescribed for an authorized

vessel or authorized aircraft, the person in command or in charge

of the authorized vessel or authorized aircraft may, after a gun

has been fired by the authorized vessel or authorized aircraft as a

warning signal, fire at or into the vessel which does not stop.

(b) The person in command of an authorized vessel or authorized

aircraft and all persons acting under that person's direction shall

be indemnified from any penalties or actions for damages for firing

at or into a vessel pursuant to subsection (a). If any person is

killed or wounded by the firing, and the person in command of the

authorized vessel or authorized aircraft or any person acting

pursuant to their orders is prosecuted or arrested therefor, they

shall be forthwith admitted to bail.

(c) A vessel or aircraft is an authorized vessel or authorized

aircraft for purposes of this section if -

(1) it is a Coast Guard vessel or aircraft;

(2) it is a surface naval vessel on which one or more members

of the Coast Guard are assigned pursuant to section 379 of title

10; or

(3) subject to subsection (d), it is a naval aircraft that has

one or more members of the Coast Guard on board and is operating

from a surface naval vessel described in paragraph (2).

(d)(1) The inclusion of naval aircraft as an authorized aircraft

for purposes of this section shall be effective only after the end

of the 30-day period beginning on the date the report required by

paragraph (2) is submitted through September 30, 2001.

(2) Not later than August 1, 2000, the Secretary of Defense shall

submit to the Committee on Armed Services of the House of

Representatives and the Committee on Armed Services of the Senate a

report containing -

(A) an analysis of the benefits and risks associated with using

naval aircraft to perform the law enforcement activities

authorized by subsection (a);

(B) an estimate of the extent to which the Secretary expects to

implement the authority provided by this section; and

(C) an analysis of the effectiveness and applicability to the

Department of Defense of the Coast Guard program known as the

''New Frontiers'' program.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 546; Pub. L. 100-690, title VII,

Sec. 7401(a), Nov. 18, 1988, 102 Stat. 4483; Pub. L. 106-65, div.

A, title X, Sec. 1022, Oct. 5, 1999, 113 Stat. 746.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Aircraft are included within the protective terms of this section

which permits aircraft to stop vessels but makes no provision for

stopping aircraft.

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

557.

AMENDMENTS

1999 - Subsec. (c)(3). Pub. L. 106-65, Sec. 1022(a), added par.

(3).

Subsec. (d). Pub. L. 106-65, Sec. 1022(b), added subsec. (d).

1988 - Pub. L. 100-690 substituted ''immunity for firing at or

into vessel'' for ''immunity of Coast Guard officer'' in section

catchline, and amended text generally. Prior to amendment, text

read as follows:

''(a) Whenever any vessel liable to seizure or examination does

not bring-to, on being ordered to do so or on being chased by any

Coast Guard vessel or aircraft which has displayed the ensign,

pennant, or other identifying insignia prescribed for vessels or

aircraft of the Coast Guard, the person in command or in charge of

such Coast Guard vessel or such Coast Guard aircraft may, after a

gun has been fired by the Coast Guard vessel or aircraft as a

warning signal, fire at or into such vessel which does not

bring-to.

''(b) The person in command of such Coast Guard vessel or such

Coast Guard aircraft and all persons acting by or under his

direction shall be indemnified from any penalties or actions for

damages for so doing. If any person is killed or wounded by such

firing, and the person in command of the Coast Guard vessel or

aircraft or any person acting pursuant to his orders is prosecuted

or arrested therefor, he shall be forthwith admitted to bail.''

-CITE-

14 USC Sec. 638 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 638. Coast Guard ensigns and pennants

-STATUTE-

(a) Coast Guard vessels and aircraft shall be distinguished from

other vessels and aircraft by an ensign, pennant, or other

identifying insignia of such design as prescribed by the Secretary.

Such ensign, pennant, or other identifying insignia shall be

displayed in accordance with regulations prescribed by the

Secretary.

(b) No vessel or aircraft without authority shall carry, hoist,

or display any ensign, pennant, or other identifying insignia

prescribed for, or intended to resemble, any ensign, pennant, or

other identifying insignia prescribed for Coast Guard vessels or

aircraft. Every person violating this subsection shall be fined

not more than $5,000, or imprisoned for not more than two years, or

both.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 546.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 64 (R.S. 2764; Aug. 5,

1935, ch. 438, title III, Sec. 308, 49 Stat. 528).

Aircraft are included within the provisions of this section.

The Secretary rather than the President is given the authority to

design ensigns and pennants.

Unauthorized display of such insignia is made illegal anywhere

rather than only ''within the jurisdiction of the United States''.

The language is broadened to include ''any person violating this

section''; existing law applies to masters of offending vessels

only. 81st Congress, House Report No. 557.

-CITE-

14 USC Sec. 639 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 639. Penalty for unauthorized use of words ''Coast Guard''

-STATUTE-

No individual, association, partnership, or corporation shall,

without authority of the Commandant, use the combination of letters

''USCG'' or ''USCGR'', the words ''Coast Guard,'' ''United States

Coast Guard,'' ''Coast Guard Reserve,'' ''United States Coast Guard

Reserve,'' ''Coast Guard Auxiliary,'' ''United States Coast Guard

Auxiliary,'' ''Lighthouse Service,'' ''Life Saving Service,'' or

any combination or variation of such letters or words alone or with

other letters or words, as the name under which he or it shall do

business, for the purpose of trade, or by way of advertisement to

induce the effect of leading the public to believe that any such

individual, association, partnership, or corporation has any

connection with the Coast Guard. No individual, association,

partnership, or corporation shall falsely advertise, or otherwise

represent falsely by any device whatsoever, that any project or

business in which he or it is engaged, or product which he or it

manufactures, deals in, or sells, has been in any way endorsed,

authorized, or approved by the Coast Guard. Every person violating

this section shall be fined not more than $1,000, or imprisoned not

more than one year, or both.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 546; Aug. 3, 1950, ch. 536, Sec.

30, 64 Stat. 408.)

-MISC1-

HISTORICAL AND REVISION NOTES

This section makes the unauthorized use of the words ''Coast

Guard'' or any derivative thereof, a crime. This is believed to be

a desirable prohibition in view of the many commercial

organizations which are manufacturing equipment approved by the

Coast Guard and selling same to vessels in the United States. 81st

Congress, House Report No. 557.

AMENDMENTS

1950 - Act Aug. 3, 1950, made it possible for Commandant to grant

authority to private business organizations to use terms or

designations otherwise prohibited by this section.

COAST GUARD CITY, USA

Pub. L. 105-383, title IV, Sec. 409, Nov. 13, 1998, 112 Stat.

3431, provided that: ''The Commandant of the Coast Guard may

recognize the community of Grand Haven, Michigan, as 'Coast Guard

City, USA'. If the Commandant desires to recognize any other

community in the same manner or any other community requests such

recognition from the Coast Guard, the Commandant shall notify the

Committee on Commerce, Science, and Transportation of the Senate

and the Committee on Transportation and Infrastructure of the House

of Representatives 90 days prior to approving such recognition.''

-CITE-

14 USC Sec. 640 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 640. Coast Guard band recordings for commercial sale

-STATUTE-

(a) The Coast Guard band may produce recordings for commercial

sale.

(b) Amounts received as proceeds from the sale of any such

recordings may be credited to applicable appropriations of the

Coast Guard for expenses of the Coast Guard band.

(c) The Secretary shall prescribe regulations governing the

accounting of such proceeds.

-SOURCE-

(Added Pub. L. 101-510, div. A, title III, Sec. 327(d)(1), Nov. 5,

1990, 104 Stat. 1532.)

-MISC1-

PRIOR PROVISIONS

A prior section, acts Aug. 4, 1949, ch. 393, 63 Stat. 546; June

15, 1955, ch. 142, 69 Stat. 134, related to interchange of supplies

between armed forces, prior to repeal by Pub. L. 85-861, Sec. 36A,

C(1), Sept. 2, 1958, 72 Stat. 1569, 1571. See section 2571 of Title

10, Armed Forces.

-CITE-

14 USC Sec. 641 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 641. Disposal of certain material

-STATUTE-

(a) The Commandant 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.) may

dispose of, with or without charge, to the Coast Guard Auxiliary,

including any incorporated unit thereof, to the sea-scout service

of the Boy Scouts of America, and to any public body or private

organization not organized for profit having an interest therein

for historical or other special reasons, such obsolete or other

material as may not be needed for the Coast Guard.

(b) The Commandant may, under regulations prescribed by the

Secretary, sell apparatus or equipment manufactured by or in use in

the Coast Guard, which is not readily procurable in the open

market. The money received from such sale shall be deposited in

the Treasury to the credit of the current appropriation from which

purchase of similar apparatus or equipment is authorized.

(c)(1) The Commandant may -

(A) provide for the sale of recyclable materials that the Coast

Guard holds;

(B) provide for the operation of recycling programs at Coast

Guard installations; and

(C) designate Coast Guard installations that have qualified

recycling programs for the purposes of subsection (d)(2).

(2) Recyclable materials shall be sold in accordance with

sections 541-555 of title 40, except that the Commandant may

conduct sales of materials for which the proceeds of sale will not

exceed $5,000 under regulations prescribed by the Commandant.

(d)(1) Proceeds from the sale of recyclable materials at a Coast

Guard installation shall be credited to funds available for

operations and maintenance at that installation in amounts

sufficient to cover operations, maintenance, recycling equipment,

and overhead costs for processing recyclable materials at the

installation.

(2) If, after funds are credited, a balance remains available to

a Coast Guard installation and the installation has a qualified

recycling program, not more than 50 percent of that balance may be

used at the installation for projects for pollution abatement,

energy conservation, and occupational safety and health

activities. The cost of the project may not be greater than 50

percent of the amount permissible for a minor construction project.

(3) The remaining balance available to a Coast Guard, (FOOTNOTE

1) installation may be transferred to the Coast Guard Morale,

Welfare, and Recreation Program.

(FOOTNOTE 1) So in original. The comma probably should not

appear.

(e) If the balance available to the Coast Guard installation

under this section at the end of a fiscal year is in excess of

$200,000, the amount of that excess shall be deposited in the

general fund of the Treasury as offsetting receipts of the

Department in which the Coast Guard is operating and ascribed to

Coast Guard activities.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 547; Oct. 31, 1951, ch. 654, Sec.

2(11), 65 Stat. 707; Pub. L. 97-295, Sec. 2(4), Oct. 12, 1982, 96

Stat. 1301; Pub. L. 102-587, title V, Sec. 5202, Nov. 4, 1992, 106

Stat. 5071; Pub. L. 104-324, title IV, Sec. 408, title XI, Sec.

1119, Oct. 19, 1996, 110 Stat. 3925, 3973; Pub. L. 107-217, Sec.

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

-MISC1-

HISTORICAL AND REVISION NOTES

Subsection (a) is based on title 14, U.S.C., 1946 ed., Sec. 43a

(Apr. 10, 1936, ch. 179, 49 Stat. 1195). The authorization is

enlarged to include any public body or private organization not

organized for profit, and the authority to make disposal is placed

in the Commandant rather than in the Secretary.

Subsection (b) is based on title 33, U.S.C., 1946 ed., Sec. 752a

(May 22, 1926, ch. 371, Sec. 5, 44 Stat. 626).

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. (a), 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. (a). Pub. L. 107-217, Sec. 3(c)(3)(A), 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.)''.

Subsec. (c)(2). Pub. L. 107-217, Sec. 3(c)(3)(B), substituted

''sections 541-555 of title 40'' for ''section 203 of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C. 484)''.

1996 - Subsec. (a). Pub. L. 104-324, Sec. 408, inserted ''to the

Coast Guard Auxiliary, including any incorporated unit thereof,''

after ''with or without charge,'' and struck out ''to any

incorporated unit of the Coast Guard Auxiliary,'' after ''Boy

Scouts of America,''.

Subsec. (c)(2). Pub. L. 104-324, Sec. 1119, inserted '', except

that the Commandant may conduct sales of materials for which the

proceeds of sale will not exceed $5,000 under regulations

prescribed by the Commandant'' before period at end.

1992 - Subsecs. (c) to (e). Pub. L. 102-587 added subsecs. (c) to

(e).

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

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

1951 - Subsec. (a). Act Oct. 31, 1951, inserted reference to

applicable regulations of the Federal Property and Administrative

Services Act of 1949, as amended, and substituted ''incorporated''

for ''regularly organized flotilla or other organized''.

-CITE-

14 USC Sec. 642 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 642. Deposit of damage payments

-STATUTE-

Whenever an aid to navigation or other property belonging to the

Coast Guard is damaged or destroyed by a private person, and such

private person or his agent shall pay to the satisfaction of the

proper official of the Coast Guard for the cost of repair or

replacement of such property, the Commandant may accept and deposit

such payments, through proper officers of the Fiscal Service,

Treasury Department, in special deposit accounts in the Treasury,

for payment therefrom to the person or persons repairing or

replacing the damaged property and refundment of amounts collected

in excess of the cost of the repairs or replacements concerned. In

the event that repair or replacement of the damaged property is

effected by the Coast Guard, the appropriations bearing the cost

thereof and current at the time collection is made shall be

reimbursed from the special deposit account.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 547.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 33, U.S.C., 1946 ed., Sec. 721a (Aug. 16, 1937,

ch. 665, Sec. 2, 50 Stat. 667).

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

557.

-CITE-

14 USC Sec. 643 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 643. Rewards for apprehension of persons interfering with aids

to navigation

-STATUTE-

The Coast Guard may offer and pay rewards for the apprehension

and conviction, or for information helpful therein, of persons

found interfering in violation of law with aids to navigation

maintained by the Coast Guard; or for information leading to the

discovery of missing Coast Guard property or to recovery thereof.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 547.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 50c (Aug. 2, 1946, ch.

756, Sec. 32, 60 Stat. 857).

Section is enlarged to provide for payment of rewards for

information leading to the discovery or recovery of missing Coast

Guard property. 81st Congress, House Report No. 557.

-CITE-

14 USC Sec. 644 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 644. Payment for the apprehension of stragglers

-STATUTE-

The Coast Guard may offer and pay rewards for the apprehension

and delivery of deserters, stragglers, and prisoners.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 547.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 147 (May 26, 1906, ch.

2556, Sec. 5, 34 Stat. 200).

Said section has been divided. That part relating to rewards for

the apprehension of deserters is placed in this section. That part

relating to the acceptance of convicted deserters in the armed

forces is placed in section 575 of this title. The first sentence

of said section is eliminated inasmuch as it is believed that

commanding officers in the Coast Guard are charged with the duty of

apprehending deserters without special statutory authority

therefor.

The limitation as to amount that could be offered is removed.

The provision concerning money due the deserter is eliminated.

81st Congress, House Report No. 557.

-CITE-

14 USC Sec. 645 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 645. Confidentiality of medical quality assurance records;

qualified immunity for participants

-STATUTE-

(a) In this section -

(1) ''medical quality assurance program'' means any activity

carried out by or for the Coast Guard to assess the quality of

medical care, including activities conducted by individuals,

military medical or dental treatment facility committees, or

other review bodies responsible for quality assurance,

credentials, infection control, patient care assessment

(including treatment procedures, blood, drugs, and therapeutics)

medical records, health resources management review and

identification and prevention of medical or dental incidents and

risks.

(2) ''medical quality assurance record'' means the proceedings,

records, minutes, and reports that emanate from quality assurance

program activities described in paragraph (1) and are produced or

compiled by the Coast Guard as part of a medical quality

assurance program.

(3) ''health care provider'' means any military or civilian

health care professional who, under regulations prescribed by the

Secretary, is granted clinical practice privileges to provide

health care services in a military medical or dental treatment

facility or who is licensed or certified to perform health care

services by a governmental board or agency or professional health

care society or organization.

(b) Medical quality assurance records created by or for the Coast

Guard as part of a medical quality assurance program are

confidential and privileged. The records may not be disclosed to

any person or entity except as provided in subsection (d).

(c)(1) Medical quality assurance records are not subject to

discovery and may not be admitted into evidence in any judicial or

administrative proceeding, except as provided in subsection (d).

(2) Except as provided in this section, an individual who reviews

or creates medical quality assurance records for the Coast Guard or

who participates in any proceeding that reviews or creates the

records may not testify in any judicial or administrative

proceeding with respect to the records or with respect to any

finding, recommendation, evaluation, opinion, or action taken by

that person in connection with the records.

(d)(1) Subject to paragraph (2), a medical quality assurance

record may be disclosed, and an individual referred to in

subsection (c) may testify in connection with a record only as

follows:

(A) To a Federal executive agency or private organization, if

necessary to license, accredit, or monitor Coast Guard health

care facilities.

(B) To an administrative or judicial proceeding commenced by a

present or former Coast Guard or Coast Guard assigned Public

Health Service health care provider concerning the termination,

suspension, or limitation of clinical privileges of the health

care provider.

(C) To a governmental board or agency or to a professional

health care society or organization, if necessary to perform

licensing, or privileging, or to monitor professional standards

for a health care provider who is or was a member or an employee

of the Coast Guard or the Public Health Service assigned to the

Coast Guard.

(D) To a hospital, medical center, or other institution that

provides health care services, if necessary to assess the

professional qualifications of any health care provider who is or

was a member or employee of the Coast Guard or the Public Health

Service assigned to the Coast Guard and who has applied for or

been granted authority or employment to provide health care

services in or on behalf of the institution.

(E) To an officer, member, employee, or contractor of the Coast

Guard or the Public Health Service assigned to the Coast Guard if

for official purposes.

(F) To a criminal or civil law enforcement agency or

instrumentality charged under applicable law with the protection

of the public health or safety, if a qualified representative of

the agency or instrumentality makes a written request that the

record or testimony be provided for a purpose authorized by law.

(G) In an administrative or judicial proceeding commenced by a

criminal or civil law enforcement agency or instrumentality

referred to in subparagraph (F), but only with respect to the

subject of the proceeding.

(2) Except in a quality assurance action, the identity of any

individual receiving health care services from the Coast Guard or

the identity of any other individual associated with the agency for

the purposes of a medical quality assurance program that is

disclosed in a medical quality assurance record shall be deleted

from that record or document before any disclosure of the record is

made outside the Coast Guard. This requirement does not apply to

the release of information under section 552a of title 5.

(e) Except as provided in this section, a person having

possession of or access to a record or testimony described by this

section may not disclose the contents of the record or testimony.

(f) Medical quality assurance records may not be made available

to any person under section 552 of title 5.

(g) An individual who participates in or provides information to

an individual that reviews or creates medical quality assurance

records is not civilly liable for participating or providing the

information if the participation or provision of information was in

good faith based on prevailing professional standards at the time

the medical quality assurance program activity took place.

(h) Nothing in this section shall be construed as -

(1) authority to withhold from any person aggregate statistical

information regarding the results of Coast Guard medical quality

assurance programs;

(2) authority to withhold any medical quality assurance record

from a committee of either House of Congress, any joint committee

of Congress, or the General Accounting Office if the record

pertains to any matter within their respective jurisdictions;

(3) limiting access to the information in a record created and

maintained outside a medical quality assurance program, including

a patient's medical records, on the grounds that the information

was presented during meetings of a review body that are part of a

medical quality assurance program.

(i) Except as otherwise provided in this section, an individual

who willfully discloses a medical quality assurance record knowing

that the record is a medical quality assurance record, is liable to

the United States Government for a civil penalty of not more than

$3,000 in the case of a first offense and not more than $20,000 in

the case of a subsequent offense.

-SOURCE-

(Added Pub. L. 102-587, title V, Sec. 5203(a), Nov. 4, 1992, 106

Stat. 5072; amended Pub. L. 104-324, title VII, Sec. 746(b), Oct.

19, 1996, 110 Stat. 3943.)

-MISC1-

PRIOR PROVISIONS

A prior section 645, acts Aug. 4, 1949, ch. 393, Sec. 1, 63 Stat.

547; Sept. 3, 1954, ch. 1263, Sec. 34, 68 Stat. 1239; Aug. 23,

1958, Pub. L. 85-738, Sec. 4, 5, 72 Stat. 833, provided for

settlement of claims incident to activities of Coast Guard, prior

to repeal, effective two years after Sept. 26, 1968, by Pub. L.

90-525, Sec. 2, Sept. 26, 1968, 82 Stat. 877. See section 2733 of

Title 10, Armed Forces.

AMENDMENTS

1996 - Subsecs. (d) to (h). Pub. L. 104-324 redesignated subsec.

(d), relating to disclosure by person with access to a record or

testimony, as (e) and redesignated former subsecs. (e) to (h) as

(f) to (i), respectively.

-CITE-

14 USC Sec. 646 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 646. Admiralty claims against the United States

-STATUTE-

(a) The Secretary may consider, ascertain, adjust, determine,

compromise, or settle, and pay in an amount not more than $100,000,

an admiralty claim against the United States for -

(1) damage caused by a vessel in the Coast Guard service or by

other property under the jurisdiction of the Department in which

the Coast Guard is operating;

(2) compensation for towage and salvage services, including

contract salvage, rendered to a vessel in the Coast Guard service

or to other property under the jurisdiction of the Department in

which the Coast Guard is operating; or

(3) damage caused by a maritime tort committed by an agent or

employee of the Department in which the Coast Guard is operating

or by property under the jurisdiction of that Department.

(b) Upon acceptance of payment by the claimant, the settlement or

compromise of a claim under this section is final and conclusive

notwithstanding any other law.

(c) If a claim under this section is settled or compromised for

more than $100,000, the Secretary shall certify it to Congress.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 548; Pub. L. 86-533, Sec. 1(3)(A),

June 29, 1960, 74 Stat. 245; Pub. L. 92-417, Sec. 2(a), Aug. 29,

1972, 86 Stat. 655.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 71 (June 15, 1936, ch.

550, 49 Stat. 1514; July 1, 1944, ch. 373, title VII, Sec. 711, 58

Stat. 714; Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1051).

This section closely parallels title 46, U.S.C., 1946 ed., Sec.

797, 798, which authorizes the Secretary of the Navy to negotiate

amicable settlement of claims against the United States arising out

of the operation of Naval vessels. It grants similar authority to

the Secretary of the Treasury in relation to vessels in the Coast

Guard service, and the limiting amount is reduced from $1,000,000

to $25,000. It is believed that this section will work to the

benefit of the Government by reducing civil litigation and the

number of claims which must presently be certified to Congress for

appropriations in order to make settlement. It will greatly

expedite the settlement of just claims and should result in a

considerable overall savings to the Government. 81st Congress,

House Report No. 557.

AMENDMENTS

1972 - Subsec. (a). Pub. L. 92-417 incorporated in part first

sentence of former subsec. (a) in text preceding par. (1),

substituted ''Secretary'' for ''Secretary of the Treasury'',

inserted provisions authorizing payments up to $100,000, struck out

second, third, and fourth sentences providing that provisions of

this section were supplementary to other provisions, that claims in

excess of $3,000 accrued prior to Sept. 8, 1939, would not be

considered, and that payments be made out of Coast Guard

appropriations, and added pars. (1) to (3).

Subsec. (b). Pub. L. 92-417 incorporated in part first sentence

of former subsec. (a).

Subsec. (c). Pub. L. 92-417 incorporated provisions of last

sentence of former subsec. (a) and substituted ''100,000'' for

''25,000''.

1960 - Subsec. (b). Pub. L. 86-533 repealed subsec. (b) which

required the Secretary of the Treasury to report to the Congress

the payment of claims determined, compromised, settled, or paid.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 827, 828 of this title.

-CITE-

14 USC Sec. 647 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 647. Claims for damage to property of the United States

-STATUTE-

The Secretary may consider, ascertain, adjust, determine,

compromise, or settle claims for damage cognizable in admiralty in

a district court of the United States and all claims for damage

caused by a vessel or floating object, to property of the United

States under the jurisdiction of the Coast Guard or property for

which the Coast Guard may have assumed, by contract or otherwise,

any obligation to respond for damage thereto. The Secretary is

further authorized to receive in payment of any such claim the

amount due the United States pursuant to determination, compromise,

or settlement as herein authorized and, upon acceptance of such

payment but not until then, such determination, settlement, or

compromise of such claim shall be final and conclusive for all

purposes, any law to the contrary notwithstanding. All such

payments shall be deposited in the Treasury of the United States as

miscellaneous receipts. The Secretary is further authorized to

execute on behalf of the United States and to deliver in exchange

for such payment a full release of such claim. This section, as

respects the determination, compromise, settlement, and payment of

claims, shall be supplementary to, and not in lieu of, all other

provisions of law authorizing the determination, compromise, or

settlement of claims for damage to property hereinabove described.

No settlement or compromise where there is involved a payment in

the net amount of over $100,000 is authorized by this section.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 549; Pub. L. 86-533, Sec. 1(3)(B),

June 29, 1960, 74 Stat. 245; Pub. L. 94-546, Sec. 1(34), Oct. 18,

1976, 90 Stat. 2521; Pub. L. 98-557, Sec. 17(b)(3)(A), Oct. 30,

1984, 98 Stat. 2868.)

-MISC1-

HISTORICAL AND REVISION NOTES

This section closely parallels title 34, U.S.C., 1946 ed., Sec.

600a, 600b, which authorize the Secretary of the Navy to negotiate

amicable settlements of affirmative claims of the United States for

damage to Government property. Experience gained by the Navy since

enactment of title 34, U.S.C., 1946 ed., Sec. 600a-600d, indicates

that such amicable settlement reacts to the benefit of the

Government in many cases. The provisions of this section would

complement those of section 646 of this title and the two sections

together would permit the Coast Guard to negotiate the settlement

of claims arising out of Coast Guard floating operations, both for

and against the United States. 81st Congress, House Report No. 557.

AMENDMENTS

1984 - Pub. L. 98-557 substituted ''$100,000'' for ''$25,000''.

1976 - Pub. L. 94-546 struck out subsection designation ''(a)''

and substituted ''Secretary'' for ''Secretary of the Treasury''

wherever appearing, ''deposited in the Treasury of the United

States'' for ''covered into the Treasury of the United States'',

and ''authorized by this section'' for ''authorized by this

title''.

1960 - Pub. L. 86-533 repealed subsec. (b) which required the

Secretary of the Treasury to report to Congress with respect to

payments received by the United States in excess of $3,000.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 17(b)(3)(B) of Pub. L. 98-557 provided that: ''The

amendment made by subparagraph (A) of this paragraph (amending this

section) shall apply to all claims considered, ascertained,

adjusted, determined, compromised or settled on or after the date

of enactment of this Act (Oct. 30, 1984).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 827, 828 of this title.

-CITE-

14 USC Sec. 648 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 648. Accounting for industrial work

-STATUTE-

The Secretary may prescribe regulations governing accounting for

industrial work, including charges for overhead for civilian labor

and for maintenance of industrial plant and equipment, performed at

the Coast Guard Yard or such similar Coast Guard industrial

establishments as he may designate. Any orders placed for such

industrial work shall be covered by a transfer or advance of funds

to cover the estimated cost thereof, and shall be credited to such

accounts as may be necessary and established by the Secretary to

carry out the provisions of this section. Accounts so established

shall be available for materials, supplies, or equipment, and

civilian labor, including overhead and maintenance, required in

performing the work ordered. Upon completion of an order an

adjustment will be made to make the amount transferred or advanced

equal to the actual cost as computed in accordance with the

accounting regulations prescribed by the Secretary.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 549.)

-MISC1-

HISTORICAL AND REVISION NOTES

This section is intended to eliminate a very cumbersome and

inefficient method of accounting for industrial jobs at the Coast

Guard Yard and other shore establishments where industrial work may

be undertaken. Under existing law several accounts must be kept

current for each job in progress. Under this statute the working

fund would be available for all types of expenditures in connection

with a job and the breakdown into separate accounts could be done

after the job is complete. The other armed forces have provisions

of law which permit a working fund similar to the one provided by

this section. 81st Congress, House Report No. 557.

-CITE-

14 USC Sec. 649 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 649. Supplies and equipment from stock

-STATUTE-

Supplies and equipment for special work of the Coast Guard may be

furnished from general stock and the applicable appropriation

reimbursed therefor from the respective appropriations for such

special work.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 550.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 33, U.S.C., 1934 ed., Sec. 726 (Mar. 4, 1913, ch.

168, 37 Stat. 1018).

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

557.

-CITE-

14 USC Sec. 650 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 650. Coast Guard Supply Fund

-STATUTE-

(a) A Coast Guard Supply Fund is authorized. The Secretary may

prescribe regulations for designating the classification of

materials to be stocked. In these regulations, whenever the fund

is extended to include items not previously stocked, or spare parts

obtained as part of a procurement under a different account of

major items such as vessels or aircraft, whether or not such parts

were previously stocked, the Secretary may authorize an increase in

the existing capital of the fund by the value of such usable

materials transferred thereto from Coast Guard inventories carried

in other accounts. Except for the materials so transferred, the

fund shall be charged with the cost of materials purchased or

otherwise acquired. The fund shall be credited with the value of

materials consumed, issued for use, sold, or otherwise disposed of,

such values to be determined on a basis that will approximately

cover the cost thereof.

(b) Obligations may, without regard to fiscal year limitations,

be incurred against anticipated reimbursement to the Coast Guard

Supply Fund in such amount and for such period, as the Secretary,

with approval of the Director of the Office of Management and

Budget, may determine to be necessary to maintain stock levels

consistently with planned operations for the next year.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 550; Aug. 7, 1956, ch. 1023, Sec.

1(a), 70 Stat. 1077; Pub. L. 91-278, Sec. 1(13), June 12, 1970, 84

Stat. 306; Pub. L. 94-546, Sec. 1(35), Oct. 18, 1976, 90 Stat.

2521; Pub. L. 96-376, Sec. 5, Oct. 3, 1980, 94 Stat. 1509.)

-MISC1-

HISTORICAL AND REVISION NOTES

A Coast Guard supply fund was established by the Naval

Appropriation Act for fiscal year 1943 approved February 7, 1942,

56 Stat. 73. Experience has clearly shown that it is advantageous

to the Government to have permanent authorization for such a fund.

81st Congress, House Report No. 557.

AMENDMENTS

1980 - Subsec. (a). Pub. L. 96-376 substituted ''these

regulations'' for ''such regulations'' and authorized an increase

in the capital of the fund when the fund is extended to include

spare parts obtained as part of a procurement under a different

account of major items such as vessels or aircraft, whether or not

such parts were previously stocked.

1976 - Subsec. (b). Pub. L. 94-546 substituted ''Office of

Management and Budget'' for ''Bureau of the Budget''.

1970 - Pub. L. 91-278 designated existing provisions as subsec.

(a) and added subsec. (b).

1956 - Act Aug. 7, 1956, substituted ''Coast Guard Supply Fund''

for ''Coast Guard supply fund and supply account'' in section

catchline, struck out provisions calling for mandatory increase of

the Fund by the value of commissary provisions and uniform clothing

on hand on July 1, 1949, and inserted provisions permitting the

Secretary to prescribe regulations for designating the

classification of materials to be stocked and for increasing the

existing capital of the Fund.

-CITE-

14 USC Sec. 651 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 651. Annual report

-STATUTE-

In April of each year, the Commandant, through the Secretary,

shall report to Congress the operations and expenditures of the

Coast Guard during the preceding fiscal year, including amounts

collected as provided under section 664 of this title.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 550; Pub. L. 94-546, Sec. 1(36),

Oct. 18, 1976, 90 Stat. 2522; Pub. L. 99-509, title V, Sec.

5102(a)(2), Oct. 21, 1986, 100 Stat. 1926.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 36, 37 (Oct. 2, 1888,

ch. 1069, 25 Stat. 511; Jan. 28, 1915, ch. 20, Sec. 5, 38 Stat.

802).

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

557.

AMENDMENTS

1986 - Pub. L. 99-509 substituted ''preceding fiscal year,

including amounts collected as provided under section 664 of this

title'' for ''preceding fiscal year''.

1976 - Pub. L. 94-546 substituted ''April'' for ''January''.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting provisions

in this section, see section 3003 of Pub. L. 104-66, as amended,

set out as a note under section 1113 of Title 31, Money and

Finance, and page 132 of House Document No. 103-7.

-CITE-

14 USC Sec. 652 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 652. Removing restrictions

-STATUTE-

Any law removing for the duration of a war or national emergency

proclaimed by the President any restriction contained in any

then-existing law as applied to the Navy, including, but not

limited to, restrictions relating to the manner in which purchases

may be made and contracts awarded, fiscal operations, and

personnel, shall, in the same manner and to the same extent, remove

such restrictions as applied to the Coast Guard.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 550.)

-MISC1-

HISTORICAL AND REVISION NOTES

This section is new and provides that any law removing for the

duration of a war or national emergency any restriction contained

in any then-existing law as applied to the Navy shall operate in

the same manner to remove such restrictions as applied to the Coast

Guard. Included are restrictions relating to the manner in which

purchases may be made and contracts awarded, fiscal operations, and

personnel. This provision is designed to enable the Coast Guard to

operate as efficiently as the Navy Department in time of war or

during a national emergency and would permit the Coast Guard more

effectively to maintain itself in a state of military readiness

during periods of emergency. Since the Coast Guard operates as

part of the Navy in time of war, it is essential that its

operations be as flexible and as efficient as those of the

Department of which it is to be a part. This section would prevent

inadvertent failures specifically to mention the Coast Guard in

legislation of the type described in this section from hindering

service operations. 81st Congress, House Report No. 557.

-CITE-

14 USC Sec. 653 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 653. Employment of draftsmen and engineers

-STATUTE-

The Coast Guard may employ temporarily, at the seat of

government, draftsmen and engineers for the preparation of plans

and specifications for vessels, lighthouses, aids to navigation,

and other projects for the Coast Guard that may be authorized or

appropriated for by Congress, to be paid from the appropriations

applicable to such projects.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 550.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 33, U.S.C., 1946 ed., Sec. 716 (June 17, 1910, ch.

301, Sec. 9, 36 Stat. 538; July 27, 1939, ch. 388, Sec. 1, 53 Stat.

1130).

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

557.

-CITE-

14 USC Sec. 654 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 654. Public and commercial vessels and other watercraft; sale

of fuel, supplies, and services

-STATUTE-

The Secretary under such regulations as he may prescribe, may

sell to public and commercial vessels and other watercraft, such

fuel, supplies and furnish such services as may be required to meet

the necessities of the vessel or watercraft if such vessel or

watercraft is unable -

(1) to procure the fuel, supplies, or services from other

sources at its present location; and

(2) to proceed to the nearest port where they may be obtained

without endangering the safety of the ship, the health and

comfort of its personnel, or the safe condition of the property

carried aboard.

Sales under this section shall be at such prices as the Secretary

considers reasonable. Payment will be made on a cash basis or on

such other basis as will reasonably assure prompt payment. Amounts

received from such a sale shall, unless otherwise directed by

another provision of law, be credited to the current appropriation

concerned and are available for the same purposes as that

appropriation.

-SOURCE-

(Added Pub. L. 86-159, Sec. 1, Aug. 14, 1959, 73 Stat. 357; amended

Pub. L. 89-444, Sec. 1(22), June 9, 1966, 80 Stat. 197.)

-MISC1-

AMENDMENTS

1966 - Pub. L. 89-444 inserted ''Public and commercial vessels

and other watercraft; sale of fuel, supplies, and services'' in

section catchline.

-CITE-

14 USC Sec. 655 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 655. Arms and ammunition; immunity from taxation

-STATUTE-

No tax on the sale or transfer of firearms, pistols, revolvers,

shells, or cartridges may be imposed on such articles when bought

with funds appropriated for the Coast Guard.

-SOURCE-

(Added Pub. L. 87-526, Sec. 1(6), July 10, 1962, 76 Stat. 142;

amended Pub. L. 94-546, Sec. 1(37), Oct. 18, 1976, 90 Stat. 2522.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-546 struck out ''United States'' before ''Coast

Guard''.

-CITE-

14 USC Sec. 656 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 656. Use of moneys appropriated for acquisition, construction,

and improvement; for research, development, test, and

evaluation; and for the alteration of bridges over the

navigable waters

-STATUTE-

(a) Funds appropriated to or for the use of the Coast Guard for

acquisition, construction, and improvement of facilities, for

research, development, test, and evaluation; and for the alteration

of bridges over the navigable waters shall remain available until

expended.

(b) The Secretary may use any funds appropriated to or for the

use of the Coast Guard for other construction purposes to restore,

repair, or replace facilities that have been damaged or destroyed,

including acquisition of sites.

(c) The Secretary may use any funds appropriated to or for the

use of the Coast Guard for other construction purposes to acquire,

construct, convert, extend, and install at Coast Guard

installations and facilities, needed permanent or temporary public

works, including the preparation of sites and the furnishing of

appurtenances, utilities, and equipment, but excluding the

construction of family quarters, costing not more than $200,000 for

any one project.

-SOURCE-

(Added Pub. L. 88-45, Sec. 2, June 21, 1963, 77 Stat. 68; amended

Pub. L. 93-283, Sec. 1(9), May 14, 1974, 88 Stat. 140.)

-MISC1-

AMENDMENTS

1974 - Pub. L. 93-283, Sec. 1(9)(A), substituted ''Use of moneys

appropriated for acquisition, construction, and improvement; for

research, development, test, and evaluation; and for the alteration

of bridges over the navigable waters'' for ''Use of appropriations

to restore, replace, establish, or develop facilities'' in section

catchline.

Pub. L. 93-283, Sec. 1(9)(B), (C), added subsec. (a) and

redesignated former subsecs. (a) and (b) as (b) and (c),

respectively.

CURRENT COAST GUARD PLANS FOR CAPITAL INVESTMENT, CUTTERS,

AVIATION, AND SHORE FACILITIES; SUBMITTAL TO CONGRESS WITH BUDGET

REQUESTS

Pub. L. 96-376, Sec. 12, Oct. 3, 1980, 94 Stat. 1511, which had

provided that the President submit to the Congress, with the fiscal

year 1982 budget request for the Coast Guard and each subsequent

budget request, the current copy of the Coast Guard's Capital

Investment Plan, Cutter Plan, Aviation Plan, and Shore Facilities

Plan, was repealed and reenacted as section 663 of this title by

Pub. L. 97-295, Sec. 2(20)(A), 6(b), Oct. 12, 1982, 96 Stat. 1303,

1315.

FUNDS APPROPRIATED TO OR FOR USE OF COAST GUARD AFTER FISCAL YEAR

1977; LIMITATION

Pub. L. 94-406, Sec. 5, Sept. 10, 1976, 90 Stat. 1236, which had

provided that after fiscal year 1977, funds may not be appropriated

to or for the use of the Coast Guard for the operation and

maintenance of the Coast Guard; for acquisition, construction,

rebuilding, or improvement of aids to navigation, shore or offshore

establishments, vessels, or aircraft, including equipment related

thereto; for alteration of obstructive bridges; or for research,

development, tests, or evaluation related to any of the above,

unless the appropriation of such funds had been authorized by

legislation enacted after December 31, 1976, was repealed and

reenacted as section 662 of this title by Pub. L. 97-295, Sec.

2(20)(A), 6(b), Oct. 12, 1982, 96 Stat. 1303, 1314.

-CITE-

14 USC Sec. 657 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 657. Dependent school children

-STATUTE-

(a) Except as otherwise authorized by the Act of September 30,

1950 (FOOTNOTE 1) (20 U.S.C. 236-244), the Secretary may provide,

out of funds appropriated to or for the use of the Coast Guard, for

the primary and secondary schooling of dependents of Coast Guard

personnel stationed outside the continental United States at costs

for any given area not in excess of those of the Department of

Defense for the same area, when it is determined by the Secretary

that the schools, if any, available in the locality are unable to

provide adequately for the education of those dependents.

(FOOTNOTE 1) See References in Text note below.

(b) Whenever the Secretary, under such regulations as he may

prescribe, determines that schools located in the same area in

which a Coast Guard facility is located are not accessible by

public means of transportation on a regular basis, he may provide,

out of funds appropriated to or for the use of the Coast Guard, for

the transportation of dependents of Coast Guard personnel between

the schools serving the area and the Coast Guard facility.

-SOURCE-

(Added Pub. L. 91-278, Sec. 1(14), June 12, 1970, 84 Stat. 306;

amended Pub. L. 93-430, Sec. 5, Oct. 1, 1974, 88 Stat. 1182.)

-REFTEXT-

REFERENCES IN TEXT

Act of September 30, 1950, referred to in subsec. (a), is act

Sept. 30, 1950, ch. 1124, 64 Stat. 1100, as amended, known as the

Educational Agencies Financial Aid Act, which was classified

generally to chapter 13 (Sec. 236 et seq.) of Title 20, Education,

prior to repeal by Pub. L. 103-382, title III, Sec. 331(b), Oct.

20, 1994, 108 Stat. 3965.

-MISC2-

AMENDMENTS

1974 - Pub. L. 93-430 struck out ''; transportation of'' after

''children'' in section catchline, designated existing provisions

as subsec. (b), and added subsec. (a).

-CITE-

14 USC Sec. 658 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 658. Confidential investigative expenses

-STATUTE-

Not more than $15,000 per annum appropriated for necessary

expenses for the operation of the Coast Guard shall be available

for investigative expenses of a confidential character, to be

expended on the approval or authority of the Commandant and payment

to be made on his certificate of necessity for confidential

purposes, and his determination shall be final and conclusive upon

the accounting officers of the Government.

-SOURCE-

(Added Pub. L. 93-283, Sec. 1(10), May 14, 1974, 88 Stat. 140.)

-CITE-

14 USC Sec. 659 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 659. Assistance to film producers

-STATUTE-

(a) Notwithstanding any other provision of law, when the

Secretary determines that it is appropriate, and that it will not

interfere with Coast Guard missions, the Secretary may conduct

operations with Coast Guard vessels, aircraft, facilities, or

personnel, in such a way as to give assistance to film producers.

As used in this section, ''film producers'' includes commercial or

noncommercial producers of material for cinema, television, or

videotape.

(b) The Secretary shall keep account of costs incurred as a

result of providing assistance to film producers, not including

costs which would otherwise be incurred in Coast Guard operations

or training, or shall estimate such costs in advance, and such

costs shall be paid to the Secretary by the film producers who

request such assistance, on terms determined by the Secretary. The

Secretary may waive costs not exceeding $200 for one production,

and may waive other costs related to noncommercial productions

which the Secretary determines to be in the public interest. The

Secretary shall reimburse the amounts collected under this section

to the Coast Guard appropriation account under which the costs were

incurred.

-SOURCE-

(Added Pub. L. 100-448, Sec. 29(a), Sept. 28, 1988, 102 Stat.

1849.)

-MISC1-

PRIOR PROVISIONS

A prior section 659, added Pub. L. 95-61, Sec. 4(1), July 1,

1977, 91 Stat. 259; amended Pub. L. 97-258, Sec. 3(d), Sept. 13,

1982, 96 Stat. 1064, directed the merger of obligated balances with

current appropriations, prior to repeal by Pub. L. 97-295, Sec.

2(19)(A), Oct. 12, 1982, 96 Stat. 1302.

-CITE-

14 USC Sec. 660 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 660. Transportation to and from certain places of employment

-STATUTE-

(a) Whenever the Secretary determines that it is necessary for

the effective conduct of the affairs of the Coast Guard, he may, at

reasonable rates of fare fixed under regulations to be prescribed

by him, provide assured and adequate transportation by motor

vehicle or water carrier to and from their places of employment for

persons attached to, or employed by, the Coast Guard; and during a

war or during a national emergency declared by Congress or the

President, for persons attached to, or employed in, a private plant

that is manufacturing material for the Coast Guard.

(b) Transportation may not be provided under subsection (a)

unless the Secretary or an officer designated by the Secretary,

determines that -

(1) other transportation facilities are inadequate and cannot

be made adequate;

(2) a reasonable effort has been made to induce operators of

private facilities to provide the necessary transportation; and

(3) the service to be furnished will make proper use of

transportation facilities and will supply the most efficient

transportation to the persons concerned.

(c) To provide transportation under subsection (a), the Secretary

may -

(1) buy, lease, or charter motor vehicles or water carriers

having a seating capacity of 12 or more passengers;

(2) maintain and operate that equipment by enlisted members or

employees of the Coast Guard, or by private persons under

contract; and

(3) lease or charter the equipment to private or public

carriers for operation under terms that are considered necessary

by the Secretary or by an officer designated by the Secretary,

and that may provide for the pooling of government-owned and

privately owned equipment and facilities and for the reciprocal

use of that equipment.

(d) Fares received under subsection (a), and proceeds of the

leasing or chartering of equipment under subsection (c)(3), shall

be covered into the Treasury as miscellaneous receipts.

-SOURCE-

(Added Pub. L. 96-376, Sec. 10(a), Oct. 3, 1980, 94 Stat. 1510;

amended Pub. L. 99-145, title XVI, Sec. 1623, Nov. 8, 1985, 99

Stat. 778; Pub. L. 99-550, Sec. 2(e), Oct. 27, 1986, 100 Stat.

3070.)

-MISC1-

AMENDMENTS

1986 - Subsec. (e). Pub. L. 99-550 struck out subsec. (e) which

provided that passenger motor vehicles of the United States could

be used to provide transportation between the residence and place

of work of the Commandant. See section 1344 of Title 31, Money and

Finance.

1985 - Subsec. (e). Pub. L. 99-145 added subsec. (e).

EFFECTIVE DATE OF 1985 AMENDMENT

Section 1623 of Pub. L. 99-145 provided that the amendment made

by that section is effective Oct. 1, 1985.

-CITE-

14 USC Sec. 661 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 661. Authorization of personnel end strengths

-STATUTE-

(a) For each fiscal year, Congress shall authorize the strength

for active duty personnel of the Coast Guard as of the end of that

fiscal year. Amounts may be appropriated for a fiscal year to or

for the use of active duty personnel of the Coast Guard only if the

end strength for active duty personnel for that fiscal year has

been authorized by law. If at the end of any fiscal year there is

in effect a declaration of war or national emergency, the President

may defer the effectiveness of any end-strength limitation with

respect to that fiscal year prescribed by law for any military or

civilian component of the Coast Guard, for a period not to exceed 6

months after the end of the war or termination of the national

emergency.

(b)(1) Congress shall authorize the average military training

student loads for the Coast Guard for each fiscal year. That

authorization is required for student loads for the following

individual training categories:

(A) Recruit and specialized training.

(B) Flight training.

(C) Professional training in military and civilian

institutions.

(D) Officer acquisition training.

(2) Amounts may be appropriated for a fiscal year for use in

training military personnel of the Coast Guard in the categories

referred to in paragraph (1) only if the average student loads for

the Coast Guard for that fiscal year have been authorized by law.

-SOURCE-

(Added Pub. L. 97-295, Sec. 2(20)(A), Oct. 12, 1982, 96 Stat. 1302;

amended Pub. L. 107-295, title I, Sec. 105(a), Nov. 25, 2002, 116

Stat. 2085.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised Section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

661 14:ch. 11(note). Sept. 10, 1976, Pub.

L. 94-406, Sec. 6,

90 Stat. 1236.

-------------------------------

The words ''after fiscal year 1977'' are omitted as executed.

The word ''Amounts'' is substituted for ''funds'' for clarity and

consistency.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-295 inserted at end ''If at the

end of any fiscal year there is in effect a declaration of war or

national emergency, the President may defer the effectiveness of

any end-strength limitation with respect to that fiscal year

prescribed by law for any military or civilian component of the

Coast Guard, for a period not to exceed 6 months after the end of

the war or termination of the national emergency.''

-CITE-

14 USC Sec. 662 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 662. Requirement for prior authorization of appropriations

-STATUTE-

Amounts may be appropriated to or for the use of the Coast Guard

for the following matters only if the amounts have been authorized

by law after December 31, 1976:

(1) For the operation and maintenance of the Coast Guard.

(2) For the acquisition, construction, rebuilding, and

improvement of aids to navigation, shore or offshore

establishments, vessels, or aircraft, including equipment related

to the aids, establishments, vessels, or aircraft.

(3) For altering obstructive bridges.

(4) For research, development, test, or evaluation related to a

matter referred to in clauses (1)-(3).

(5) For environmental compliance and restoration at Coast Guard

facilities.

-SOURCE-

(Added Pub. L. 97-295, Sec. 2(20)(A), Oct. 12, 1982, 96 Stat. 1303;

amended Pub. L. 101-225, title II, Sec. 222(c), Dec. 12, 1989, 103

Stat. 1919.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised Section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

662 14:656(note). Sept. 10, 1976, Pub.

L. 94-406, Sec. 5,

90 Stat. 1236.

-------------------------------

The word ''Amounts'' is substituted for ''funds'' for clarity and

consistency. Before clause (1), the words ''After fiscal year

1977'' are omitted as executed. The words ''of such funds'' are

omitted as unnecessary. In clause (2), the words ''aids,

establishments, vessels, or aircraft'' are substituted for

''thereto'' for clarity. In clause (4), the words ''a matter

referred to in clauses (1)-(3)'' are substituted for ''any of the

above'' for clarity.

AMENDMENTS

1989 - Par. (5). Pub. L. 101-225 added par. (5).

-CITE-

14 USC Sec. 663 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 663. Submission of plans to Congress

-STATUTE-

The President shall submit to Congress with each budget request

for the Coast Guard the current copy of the Coast Guard's Capital

Investment Plan, Cutter Plan, Aviation Plan, Shore Facilities Plan,

and Information Resources Management Plan. Not later than 30 days

after the date on which the President submits to the Congress a

budget under section 1105 of title 31 which includes a proposed

2-year budget for the Coast Guard, the Secretary shall submit to

the Committee on Commerce, Science, and Transportation and the

Committee on Appropriations of the Senate, and to the Committee on

Transportation and Infrastructure and the Committee on

Appropriations of the House of Representatives, detailed Coast

Guard budget estimates for the fiscal years covered by such

proposed 2-year budget.

-SOURCE-

(Added Pub. L. 97-295, Sec. 2(20)(A), Oct. 12, 1982, 96 Stat. 1303;

amended Pub. L. 100-448, Sec. 25, Sept. 28, 1988, 102 Stat. 1847;

Pub. L. 101-595, title III, Sec. 311(c), Nov. 16, 1990, 104 Stat.

2987; Pub. L. 107-295, title IV, Sec. 408(a)(2), Nov. 25, 2002, 116

Stat. 2117.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised Section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

663 14:656(note). Oct. 3, 1980, Pub.

L. 96-376, Sec. 12,

94 Stat. 1511.

-------------------------------

The words ''with the fiscal year 1982 budget request'' and

''subsequent'' are omitted as executed.

AMENDMENTS

2002 - Pub. L. 107-295 substituted ''Transportation and

Infrastructure'' for ''Merchant Marine and Fisheries''.

1990 - Pub. L. 101-595 substituted ''Shore Facilities Plan, and

Information Resources Management Plan.'' for ''and Shore Facilities

Plan.''

1988 - Pub. L. 100-448 inserted at end ''Not later than 30 days

after the date on which the President submits to the Congress a

budget under section 1105 of title 31 which includes a proposed

2-year budget for the Coast Guard, the Secretary shall submit to

the Committee on Commerce, Science, and Transportation and the

Committee on Appropriations of the Senate, and to the Committee on

Merchant Marine and Fisheries and the Committee on Appropriations

of the House of Representatives, detailed Coast Guard budget

estimates for the fiscal years covered by such proposed 2-year

budget.''

STATUS REPORTS ON POLAR ICEBREAKING VESSELS

Pub. L. 99-640, Sec. 15, Nov. 10, 1986, 100 Stat. 3552, provided

that: ''The Secretary of the department in which the Coast Guard is

operating shall provide detailed reports to Congress concerning the

status of design and construction plans for the procurement of at

least two new polar icebreaking vessels. Such reports shall be

included in the Cutter Plan required annually by section 663 of

title 14, United States Code, and shall be submitted each year

until at least two new polar icebreaking vessels have been

delivered to the Coast Guard.''

-CITE-

14 USC Sec. 664 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 664. User fees

-STATUTE-

(a) A fee or charge for a service or thing of value provided by

the Coast Guard shall be prescribed as provided in section 9701 of

title 31.

(b) Amounts collected by the Secretary for a service or thing of

value provided by the Coast Guard shall be deposited in the general

fund of the Treasury as proprietary receipts of the department in

which the Coast Guard is operating and ascribed to Coast Guard

activities.

(c) Before January 1 of each year, the Secretary shall submit a

report to the Committee on Transportation and Infrastructure of the

House of Representatives and the Committee on Commerce, Science,

and Transportation of the Senate that includes -

(1) a verification of each activity for which a fee or charge

is collected under any law stating -

(A) the amount collected in the prior fiscal year; and

(B) that the amount spent on that activity in that fiscal

year is not less than the amount collected; and

(2) the amount expected to be collected under any law in the

current fiscal year for each activity for which a fee or charge

is expected to be collected.

-SOURCE-

(Added Pub. L. 99-509, title V, Sec. 5102(a)(3), Oct. 21, 1986, 100

Stat. 1926; amended Pub. L. 101-225, title II, Sec. 211, Dec. 12,

1989, 103 Stat. 1914; Pub. L. 107-295, title IV, Sec. 408(a)(3),

Nov. 25, 2002, 116 Stat. 2117.)

-MISC1-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-295 substituted ''Transportation

and Infrastructure'' for ''Merchant Marine and Fisheries'' in

introductory provisions.

1989 - Subsec. (c). Pub. L. 101-225 inserted ''under any law''

after first reference to ''collected'' in pars. (1) and (2).

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting provisions

in subsec. (c) of this section, see section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance, and page 136 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 651 of this title.

-CITE-

14 USC Sec. 665 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 665. Restriction on construction of vessels in foreign

shipyards

-STATUTE-

(a) Except as provided in subsection (b), no Coast Guard vessel,

and no major component of the hull or superstructure of a Coast

Guard vessel, may be constructed in a foreign shipyard.

(b) The President may authorize exceptions to the prohibition in

subsection (a) when the President determines that it is in the

national security interest of the United States to do so. The

President shall transmit notice to Congress of any such

determination, and no contract may be made pursuant to the

exception authorized until the end of the 30-day period beginning

on the date the notice of such determination is received by

Congress.

-SOURCE-

(Added Pub. L. 100-448, Sec. 26(a), Sept. 28, 1988, 102 Stat.

1847.)

-CITE-

14 USC Sec. 666 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 666. Local hire

-STATUTE-

(a) Notwithstanding any other law, each contract awarded by the

Coast Guard for construction or services to be performed in whole

or in part in a State that has an unemployment rate in excess of

the national average rate of unemployment (as determined by the

Secretary of Labor) shall include a provision requiring the

contractor to employ, for the purpose of performing that portion of

the contract in that State, individuals who are local residents and

who, in the case of any craft or trade, possess or would be able to

acquire promptly the necessary skills. The Secretary of Homeland

Security may waive the requirements of this subsection in the

interest of national security or economic efficiency.

(b) Local Resident Defined. - As used in this section, ''local

resident'' means a resident of, or an individual who commutes daily

to, a State described in subsection (a).

-SOURCE-

(Added Pub. L. 101-225, title II, Sec. 206(a), Dec. 12, 1989, 103

Stat. 1912; amended Pub. L. 107-296, title XVII, Sec. 1704(a), Nov.

25, 2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

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

Security'' for ''of Transportation''.

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. 667 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 667. Vessel construction bonding requirements

-STATUTE-

The Secretary or the Commandant may require bid, payment,

performance, payment and performance, or completion bonds or other

financial instruments from contractors for construction,

alteration, repair, or maintenance of Coast Guard vessels if -

(1) the bond is required by law; or

(2) the Secretary or Commandant determines after investigation

that the amount of the bond in excess of 20 percent of the value

of the base contract quantity excluding options, would not

prevent a responsible bidder or offeror from competing for award

of the contract.

-SOURCE-

(Added Pub. L. 101-595, title III, Sec. 306(a), Nov. 16, 1990, 104

Stat. 2985.)

-CITE-

14 USC Sec. 668 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 668. Contracts for medical care for retirees, dependents, and

survivors: alternative delivery of health care

-STATUTE-

(a) The Secretary may contract for the delivery of health care to

which covered beneficiaries are entitled under chapter 55 of title

10. The Secretary may enter into a contract under this section with

any of the following:

(1) Health maintenance organizations.

(2) Preferred provider organizations.

(3) Individual providers, individual medical facilities, or

insurers.

(4) Consortiums of these providers, facilities, or insurers.

(b) A contract entered into under this section may provide for

the delivery of -

(1) selected health care services;

(2) total health care services for selected covered

beneficiaries; or

(3) total health care services for all covered beneficiaries

who reside in a geographic area designated by the Secretary.

(c) The Secretary may prescribe a premium, deductible, copayment,

or other change for health care provided under this section.

-SOURCE-

(Added Pub. L. 101-595, title III, Sec. 319(a), Nov. 16, 1990, 104

Stat. 2989.)

-CITE-

14 USC Sec. 669 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 669. Telephone installation and charges

-STATUTE-

Under regulations prescribed by the Secretary, amounts

appropriated to the Department of Homeland Security are available

to install, repair, and maintain telephone wiring in residences

owned or leased by the United States Government and, if necessary

for national defense purposes in other private residences.

-SOURCE-

(Added Pub. L. 102-587, title V, Sec. 5204(a), Nov. 4, 1992, 106

Stat. 5074; amended Pub. L. 107-296, title XVII, Sec. 1704(a), Nov.

25, 2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-296 substituted ''of Homeland Security'' for

''of Transportation''.

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. 670 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 670. Procurement authority for family housing

-STATUTE-

(a) The Secretary is authorized -

(1) to acquire, subject to the availability of appropriations

sufficient to cover its full obligations, real property or

interests therein by purchase, lease for a term not to exceed 5

years, or otherwise, for use as Coast Guard family housing units,

including the acquisition of condominium units, which may include

the obligation to pay maintenance, repair, and other

condominium-related fees; and

(2) to dispose of by sale, lease, or otherwise, any real

property or interest therein used for Coast Guard family housing

units for adequate consideration.

(b)(1) For the purposes of this section, a multiyear contract is

a contract to lease Coast Guard family housing units for at least

one, but not more than 5, fiscal years.

(2) The Secretary may enter into multiyear contracts under

subsection (a) of this section whenever the Coast Guard finds that

-

(A) the use of a contract will promote the efficiency of the

Coast Guard family housing program and will result in reduced

total costs under the contract; and

(B) there are realistic estimates of both the cost of the

contract and the anticipated cost avoidance through the use of a

multiyear contract.

(3) A multiyear contract authorized under subsection (a) of this

section shall contain cancellation and termination provisions to

the extent necessary to protect the best interests of the United

States, and may include consideration of both recurring and

nonrecurring costs. The contract may provide for a cancellation

payment to be made. Amounts that were originally obligated for the

cost of the contract may be used for cancellation or termination

costs.

-SOURCE-

(Added Pub. L. 103-206, title III, Sec. 302(a), Dec. 20, 1993, 107

Stat. 2423.)

-CITE-

14 USC Sec. 671 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 671. Air Station Cape Cod Improvements

-STATUTE-

The Secretary may expend funds for the repair, improvement,

restoration, or replacement of those federally or nonfederally

owned support buildings, including appurtenances, which are on

leased or permitted real property constituting Coast Guard Air

Station Cape Cod, located on Massachusetts Military Reservation,

Cape Cod, Massachusetts.

-SOURCE-

(Added Pub. L. 103-206, title III, Sec. 303(a), Dec. 20, 1993, 107

Stat. 2423.)

-CITE-

14 USC Sec. 672 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 672. Long-term lease authority for navigation and

communications systems sites

-STATUTE-

(a) The Secretary is authorized, subject to the availability of

appropriations, to enter into lease agreements to acquire real

property or interests therein for a term not to exceed 20 years,

inclusive of any automatic renewal clauses, for aids to navigation

(hereafter in this section referred to as ''ATON'') sites, vessel

traffic service (hereafter in this section referred to as ''VTS'')

sensor sites, or National Distress System (hereafter in this

section referred to as ''NDS'') high level antenna sites. These

lease agreements shall include cancellation and termination

provisions to the extent necessary to protect the best interests of

the United States. Cancellation payment provisions may include

consideration of both recurring and nonrecurring costs associated

with the real property interests under the contract. These lease

agreements may provide for a cancellation payment to be made.

Amounts that were originally obligated for the cost of the contract

may be used for cancellation or termination costs.

(b) The Secretary may enter into multiyear lease agreements under

subsection (a) of this section whenever the Secretary finds that -

(1) the use of such a lease agreement will promote the

efficiency of the ATON, VTS, or NDS programs and will result in

reduced total costs under the agreement;

(2) the minimum need for the real property or interest therein

to be leased is expected to remain substantially unchanged during

the contemplated lease period; and

(3) the estimates of both the cost of the lease and the

anticipated cost avoidance through the use of a multiyear lease

are realistic.

-SOURCE-

(Added Pub. L. 103-206, title III, Sec. 304(a), Dec. 20, 1993, 107

Stat. 2424; amended Pub. L. 104-324, title VII, Sec. 746(d), Oct.

19, 1996, 110 Stat. 3943.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-324 added section catchline and struck out

former section catchline.

-CITE-

14 USC Sec. 672a 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 672a. Long-term lease authority for lighthouse property

-STATUTE-

(a) The Commandant of the Coast Guard may lease to non-Federal

entities, including private individuals, lighthouse property under

the administrative control of the Coast Guard for terms not to

exceed 30 years. Consideration for the use and occupancy of

lighthouse property leased under this section, and for the value of

any utilities and services furnished to a lessee of such property

by the Commandant, may consist, in whole or in part, of

non-pecuniary remuneration including the improvement, alteration,

restoration, rehabilitation, repair, and maintenance of the leased

premises by the lessee. Section 321 of chapter 314 of the Act of

June 30, 1932 (40 U.S.C. 303b) (FOOTNOTE 1) shall not apply to

leases issued by the Commandant under this section.

(FOOTNOTE 1) See References in Text note below.

(b) Amounts received from leases made under this section, less

expenses incurred, shall be deposited in the Treasury.

-SOURCE-

(Added Pub. L. 107-295, title IV, Sec. 417(a), Nov. 25, 2002, 116

Stat. 2122.)

-REFTEXT-

REFERENCES IN TEXT

Section 321 of chapter 314 of the Act of June 30, 1932 (40 U.S.C.

303b), referred to in subsec. (a), is section 321 of act June 30,

1932, ch. 314, title III, 47 Stat. 412, which was classified to

section 303b of former Title 40, Public Buildings, Property, and

Works, and was repealed and reenacted as section 1302 of Title 40,

Public Buildings, Property, and Works, by Pub. L. 107-217, Sec. 1,

6(b), Aug. 21, 2002, 116 Stat. 1062, 1304.

-CITE-

14 USC Sec. 673 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 673. Designation, powers, and accountability of deputy

disbursing officials

-STATUTE-

(a)(1) Subject to paragraph (3), a disbursing official of the

Coast Guard may designate a deputy disbursing official -

(A) to make payments as the agent of the disbursing official;

(B) to sign checks drawn on disbursing accounts of the

Secretary of the Treasury; and

(C) to carry out other duties required under law.

(2) The penalties for misconduct that apply to a disbursing

official apply to a deputy disbursing official designated under

this subsection.

(3) A disbursing official may make a designation under paragraph

(1) only with the approval of the Secretary of Homeland Security

(when the Coast Guard is not operating as a service in the Navy).

(b)(1) If a disbursing official of the Coast Guard dies, becomes

disabled, or is separated from office, a deputy disbursing official

may continue the accounts and payments in the name of the former

disbursing official until the last day of the second month after

the month in which the death, disability, or separation occurs.

The accounts and payments shall be allowed, audited, and settled as

provided by law. The Secretary of the Treasury shall honor checks

signed in the name of the former disbursing official in the same

way as if the former disbursing official had continued in office.

(2) The deputy disbursing official, and not the former disbursing

official or the estate of the former disbursing official, is liable

for the actions of the deputy disbursing official under this

subsection.

(c)(1) Except as provided in paragraph (2), this section does not

apply to the Coast Guard when section 2773 of title 10 applies to

the Coast Guard by reason of the operation of the Coast Guard as a

service in the Navy.

(2) A designation of a deputy disbursing official under

subsection (a) that is made while the Coast Guard is not operating

as a service in the Navy continues in effect for purposes of

section 2773 of title 10 while the Coast Guard operates as a

service in the Navy unless and until the designation is terminated

by the disbursing official who made the designation or an official

authorized to approve such a designation under subsection (a)(3) of

such section.

-SOURCE-

(Added Pub. L. 104-201, div. A, title X, Sec. 1009(a)(2)(A), Sept.

23, 1996, 110 Stat. 2634; amended Pub. L. 107-296, title XVII, Sec.

1704(a), Nov. 25, 2002, 116 Stat. 2314.)

-COD-

CODIFICATION

Another section 673 was renumbered section 674 of this title.

-MISC3-

AMENDMENTS

2002 - Subsec. (a)(3). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

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. 674 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 674. Small boat station rescue capability

-STATUTE-

The Secretary of Homeland Security shall ensure that each Coast

Guard small boat station (including a seasonally operated station)

maintains, within the area of responsibility for the station, at

least 1 vessel that is fully capable of performing offshore rescue

operations, taking into consideration prevailing weather, marine

conditions, and depositional geologic features such as sand bars.

-SOURCE-

(Added Pub. L. 104-324, title III, Sec. 309(a), Oct. 19, 1996, 110

Stat. 3919, Sec. 673; renumbered Sec. 674, Pub. L. 107-295, title

IV, Sec. 405(a)(1), Nov. 25, 2002, 116 Stat. 2115; amended Pub. L.

107-296, title XVII, Sec. 1704(a), (f)(1), Nov. 25, 2002, 116 Stat.

2314, 2316.)

-MISC1-

PRIOR PROVISIONS

A prior section 674 was renumbered section 675 of this title.

AMENDMENTS

2002 - Pub. L. 107-296, Sec. 1704(f)(1), which directed

renumbering of the section 673 of this title that was added by Pub.

L. 104-324, Sec. 309(a), as section 673a of this title, could not

be executed because of the prior amendment by Pub. L. 107-295, see

below.

Pub. L. 107-296, Sec. 1704(a), which directed amendment of

section 673a of this title by substituting ''of Homeland Security''

for ''of Transportation'', was executed by making the substitution

in this section, to reflect the probable intent of Congress.

Pub. L. 107-295 renumbered section 673 of this title, relating to

small boat station rescue capability, as this section.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by section 1704(a) of Pub. L. 107-296 effective on the

date of transfer of the Coast Guard to the Department of Homeland

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

under section 101 of Title 10, Armed Forces.

Amendment by section 1704(f)(1) of Pub. L. 107-296 effective 60

days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set out

as an Effective Date note under section 101 of Title 6, Domestic

Security.

-CITE-

14 USC Sec. 675 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 675. Small boat station closures

-STATUTE-

(a) Closures. - The Secretary of Homeland Security may not close

a Coast Guard multimission small boat station or subunit unless the

Secretary -

(1) determines that -

(A) remaining search and rescue capabilities maintain the

safety of the maritime public in the area of the station or

subunit;

(B) regional or local prevailing weather and marine

conditions, including water temperature or unusual tide and

current conditions, do not require continued operation of the

station or subunit; and

(C) Coast Guard search and rescue standards related to search

and rescue response times are met; and

(2) provides an opportunity for public comment and for public

meetings in the area of the station or subunit with regard to the

decision to close the station or subunit.

(b) Operational Flexibility. - The Secretary may implement any

management efficiencies within the small boat station system, such

as modifying the operational posture of units or reallocating

resources as necessary to ensure the safety of the maritime public

nationwide. No stations or subunits may be closed under this

subsection except in accordance with subsection (a).

-SOURCE-

(Added Pub. L. 104-324, title III, Sec. 309(a), Oct. 19, 1996, 110

Stat. 3919, Sec. 674; renumbered Sec. 675, Pub. L. 107-295, title

IV, Sec. 405(a)(1), Nov. 25, 2002, 116 Stat. 2115; amended Pub. L.

107-296, title XVII, Sec. 1704(a), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-296, which directed amendment of

section 674 of this title by substituting ''of Homeland Security''

for ''of Transportation'' in introductory provisions, was executed

to this section, to reflect the probable intent of Congress and the

renumbering of section 674 of this title as this section by Pub. L.

107-295, see below.

Pub. L. 107-295 renumbered section 674 of this title as this

section.

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. 676 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 17 - ADMINISTRATION

-HEAD-

Sec. 676. Search and rescue center standards

-STATUTE-

(a) The Secretary shall establish, implement, and maintain the

minimum standards necessary for the safe operation of all Coast

Guard search and rescue center facilities, including with respect

to the following:

(1) The lighting, acoustics, and temperature in the facilities.

(2) The number of individuals on a shift in the facility

assigned search and rescue responsibilities (including

communications), which may be adjusted based on seasonal

workload.

(3) The length of time an individual may serve on watch to

minimize fatigue, based on the best scientific information

available.

(4) The scheduling of individuals having search and rescue

responsibilities to minimize fatigue of the individual when on

duty in the facility.

(5) The workload of each individual engaged in search and

rescue responsibilities in the facility.

(6) Stress management for the individuals assigned search and

rescue responsibilities in the facilities.

(7) The design of equipment and facilities to minimize fatigue

and enhance search and rescue operations.

(8) The acquisition and maintenance of interim search and

rescue command center communications equipment.

(9) Any other requirements that the Secretary believes will

increase the safe operation of the search and rescue centers.

(b) Sense of Congress. - It is the sense of the Congress that the

Secretary should establish, implement, and maintain minimum

standards necessary to ensure that an individual on duty or watch

in a Coast Guard search and rescue command center facility does not

work more than 12 hours in a 24-hour period, except in an emergency

or unforeseen circumstances.

(c) Definition. - For the purposes of this section, the term

''search and rescue center facility'' means a Coast Guard shore

facility that maintains a search and rescue mission coordination

and communications watch.

(d) Report to Congress. - The Secretary shall provide a quarterly

written report to the Senate Committee on Commerce, Science, and

Transportation and the House of Representatives Committee on

Transportation and Infrastructure, describing the status of

implementation of the standards described in subsection (b),

including a list of the facilities at which such standards have or

have not been implemented.

-SOURCE-

(Added Pub. L. 107-295, title IV, Sec. 405(a)(2), Nov. 25, 2002,

116 Stat. 2115.)

-MISC1-

PRESCRIPTION OF STANDARDS

Pub. L. 107-295, title IV, Sec. 405(b), Nov. 25, 2002, 116 Stat.

2116, provided that: ''The Secretary shall prescribe the standards

required under section 675(a) (676(a)) of title 14, United States

Code, as enacted by subsection (a) of this section, before January

1, 2003.''

-CITE-