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United States Code (Last Updated: May 24, 2014) |
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Title 14. COAST GUARD |
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Part I. REGULAR COAST GUARD |
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Chapter 5. FUNCTIONS AND POWERS |
§ 93. Commandant; general powers
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(a) For the purpose of executing the duties and functions of the Coast Guard the Commandant may: (1) maintain water, land, and air patrols, and ice-breaking facilities; (2) establish and prescribe the purpose of, change the location of, consolidate, discontinue, re-establish, maintain, operate, and repair Coast Guard shore establishments; (3) assign vessels, aircraft, vehicles, aids to navigation, equipment, appliances, and supplies to Coast Guard districts and shore establishments, and transfer any of the foregoing from one district or shore establishment to another; (4) conduct experiments, investigate, or cause to be investigated, plans, devices, and inventions relating to the performance of any Coast Guard function, including research, development, test, or evaluation related to intelligence systems and capabilities, and cooperate and coordinate such activities with other Government agencies and with private agencies; (5) conduct any investigations or studies that may be of assistance to the Coast Guard in the performance of any of its powers, duties, or functions; (6) collect, publish, and distribute information concerning Coast Guard operations; (7) conduct or make available to personnel of the Coast Guard such specialized training and courses of instruction, including correspondence courses, as may be necessary or desirable for the good of the service; (8) design or cause to be designed, cause to be constructed, accept as gift, or otherwise acquire patrol boats and other small craft, equip, operate, maintain, supply, and repair such patrol boats, other small craft, aircraft, and vehicles, and subject to applicable regulations under subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 dispose of them; (9) acquire, accept as gift, maintain, repair, and discontinue aids to navigation, appliances, equipment, and supplies; (10) equip, operate, maintain, supply, and repair Coast Guard districts and shore establishments; (11) establish, equip, operate, and maintain shops, depots, and yards for the manufacture and construction of aids to navigation, equipment, apparatus, vessels, vehicles, and aircraft not normally or economically obtainable from private contractors, and for the maintenance and repair of any property used by the Coast Guard; (12) accept and utilize, in times of emergency in order to save life or protect property, such voluntary services as may be offered to the Coast Guard; (13) rent or lease, under such terms and conditions as are deemed advisable, for a period not exceeding five years, such real property under the control of the Coast Guard as may not be required for immediate use by the Coast Guard, the monies received from any such rental or lease, less amount of expenses incurred (exclusive of governmental personal services), to be deposited in the Treasury; (14) grant, under such terms and conditions as are deemed advisable, permits, licenses, easements, and rights-of-way over, across, in, and upon lands under the control of the Coast Guard when in the public interest and without substantially injuring the interests of the United States in the property thereby affected; (15) establish, install, abandon, re-establish, reroute, operate, maintain, repair, purchase, or lease such telephone and telegraph lines and cables, together with all facilities, apparatus, equipment, structures, appurtenances, accessories, and supplies used or useful in connection with the installation, operation, maintenance, or repair of such lines and cables, including telephones in residences leased or owned by the Government of the United States when appropriate to assure efficient response to extraordinary operational contingencies of a limited duration, and acquire such real property rights of way, easements, or attachment privileges as may be required for the installation, operation, and maintenance of such lines, cables, and equipment; (16) establish, install, abandon, reestablish, change the location of, operate, maintain, and repair radio transmitting and receiving stations; (17) provide medical and dental care for personnel entitled thereto by law or regulation, including care in private facilities; (18) accept, under terms and conditions the Commandant establishes, the service of an individual ordered to perform community service under the order of a Federal, State, or municipal court; (19) notwithstanding any other law, enter into cooperative agreements with States, local governments, non-governmental organizations, and individuals, to accept and utilize voluntary services for the maintenance and improvement of natural and historic resources on, or to benefit natural and historic research on, Coast Guard facilities, subject to the requirement that— (A) the cooperative agreements shall each provide for the parties to contribute funds or services on a matching basis to defray the costs of such programs, projects, and activities under the agreement; and (B) a person providing voluntary services under this subsection shall not be considered a Federal employee except for purposes of chapter 81 of title 5, United States Code, with respect to compensation for work-related injuries, and chapter 171 of title 28, United States Code, with respect to tort claims; (20) enter into cooperative agreements with other Government agencies and the National Academy of Sciences; (21) require that any member of the Coast Guard or Coast Guard Reserve (including a cadet or an applicant for appointment or enlistment to any of the foregoing and any member of a uniformed service who is assigned to the Coast Guard) request that all information contained in the National Driver Register pertaining to the individual, as described in section 30304(a) of title 49, be made available to the Commandant under section 30305(a) of title 49, may receive that information, and upon receipt, shall make the information available to the individual; (22) provide for the honorary recognition of individuals and organizations that significantly contribute to Coast Guard programs, missions, or operations, including State and local governments and commercial and nonprofit organizations, and pay for, using any appropriations or funds available to the Coast Guard, plaques, medals, trophies, badges, and similar items to acknowledge such contribution (including reasonable expenses of ceremony and presentation); (23) rent or lease, under such terms and conditions as are considered by the Secretary to be advisable, commercial vehicles to transport the next of kin of eligible retired Coast Guard military personnel to attend funeral services of the service member at a national cemetery; and (24) after informing the Secretary, make such recommendations to the Congress relating to the Coast Guard as the Commandant considers appropriate. (b) (1) Notwithstanding subsection (a)(14), a lease described in paragraph (2) of this subsection may be for a term of up to 20 years. (2) A lease referred to in paragraph (1) is a lease— (A) to the United States Coast Guard Academy Alumni Association for the construction of an Alumni Center on the grounds of the United States Coast Guard Academy; or (B) to an entity with which the Commandant has a cooperative agreement under section 4(e) of the Ports and Waterways Safety Act, and for which a term longer than 5 years is necessary to carry out the agreement. (c) Marine Safety Responsibilities.— In exercising the Commandant’s duties and responsibilities with regard to marine safety, the individual with the highest rank who meets the experience qualifications set forth in section 50(a)(3) shall serve as the principal advisor to the Commandant regarding— (1) the operation, regulation, inspection, identification, manning, and measurement of vessels, including plan approval and the application of load lines; (2) approval of materials, equipment, appliances, and associated equipment; (3) the reporting and investigation of marine casualties and accidents; (4) the licensing, certification, documentation, protection and relief of merchant seamen; (5) suspension and revocation of licenses and certificates; (6) enforcement of manning requirements, citizenship requirements, control of log books; (7) documentation and numbering of vessels; (8) State boating safety programs; (9) commercial instruments and maritime liens; (10) the administration of bridge safety; (11) administration of the navigation rules; (12) the prevention of pollution from vessels; (13) ports and waterways safety; (14) waterways management; including regulation for regattas and marine parades; (15) aids to navigation; and (16) other duties and powers of the Secretary related to marine safety and stewardship. (d) Other Authority Not Affected.— Nothing in subsection (c) affects— (1) the authority of Coast Guard officers and members to enforce marine safety regulations using authority under section 89 of this title; or (2) the exercise of authority under section 91 of this title and the provisions of law codified at sections 191 through 195 of title 50 on the date of enactment of this paragraph. (e) Operation and Maintenance of Coast Guard Assets and Facilities.— All authority, including programmatic budget authority, for the operation and maintenance of Coast Guard vessels, aircraft, systems, aids to navigation, infrastructure, and other assets or facilities shall be allocated to and vested in the Coast Guard and the department in which the Coast Guard is operating.
Historical And Revision
This section grants powers to the Commandant concerning, in general, operations within the Service and the internal functioning of the Service. Many of the powers are contained in existing law, but some are enlarged, and some additional powers are added as explained following.
Subsection (a) is derived from title 14, U.S.C., 1946 ed., § 53, and title 34, U.S.C., 1946 ed., § 471 (R.S. 1536). The authority to order vessels to cruise along the coasts should be in the operational head of the Service, and not in the President. This section is changed to cover adequately the necessary present day cruising and patrolling.
Subsection (b) is derived from R.S. 4242 and title 14, U.S.C., 1946 ed., §§ 29, 93, 94, 95, 97, 98a (R.S. 4245, 4249; May 4, 1882, ch. 117, §§ 2, 3, 22 Stat. 56; Aug. 29, 1916, ch. 417, 39 Stat. 601; Aug. 6, 1947, ch. 502, 61 Stat. 786; June 6, 1940, ch. 257, § 4, 54 Stat. 247), and specifically grants to the Commandant authority in regard to the establishment, discontinuance, and change of Coast Guard shore establishments other than Coast Guard districts. This power must exist inherently in order for the Service to function efficiently.
Subsection (c) is derived from title 14, U.S.C., 1946 ed., §§ 54, 97, 112 (May 4, 1882, ch. 117, § 3, 22 Stat. 56; May 30, 1908, ch. 231, 35 Stat. 553; Apr. 21, 1910, ch. 182, § 2, 36 Stat. 326), and specifically grants to the Commandant authority in regard to the assignment of vessels, vehicles, aids to navigation, and other equipment. This power is inherent to the proper functioning of any Service.
Subsection (d) is based on title 14, U.S.C., 1946 ed., § 91 (June 18, 1878, ch. 265, § 7, 20 Stat. 164; June 10, 1921, ch. 18, § 304, 42 Stat. 24; July 3, 1926, ch. 742, § 9, 44 Stat. 817). Said section has been divided. The part dealing with investigation of plans and inventions is covered in this subsection in broader terms, and the other parts are covered in general terms in section 632 of this title.
Subsection (e) is based on title 14, U.S.C., 1946 ed., § 111 (June 18, 1878, ch. 265, § 9, 20 Stat. 164). This section has been rewritten to broaden the authority to include any investigation or study that may be of assistance to the Coast Guard, the limitation as to investigation of shipwrecks having been eliminated.
Subsection (f) is new and is intended to give legislative recognition to the importance of disseminating information by the Coast Guard for the promotion of safety at sea, life-saving techniques, and other Coast Guard activities.
Subsection (g) is new and provides for the training of Coast Guard personnel at other than schools or institutions of the other armed forces. Such training is essential and has been carried on under the authority of appropriation acts for many years.
Subsection (h) is based in part on title 14, U.S.C., 1946 ed., §§ 69, 108, 109, (R.S. 2748; June 20, 1874, ch. 344, § 9, 18 Stat. 127; June 18, 1878, ch. 265, § 3, 20 Stat. 163), and is intended to complement the authority granted to the Secretary in sec. 92(d) of this title granting similar authority to the Commandant as to smaller craft.
Subsection (i) is based in part on title 14, U.S.C., §§ 108, 109, and on title 33, U.S.C., 1946 ed., § 752 (June 20, 1874, ch. 344, § 9, 18 Stat. 127; June 18, 1878, ch. 265, § 3, 20 Stat. 163; Mar. 4, 1913, ch. 168, 37 Stat. 10183, and grants power to the Commandant to acquire and dispose of various equipment and supplies. The authority with respect to the acceptance of such equipment as a gift is new.
Subsection (j) is new and grants power to the Commandant to operate and maintain shore establishments; previously such authority has been inferred from statutes providing for the establishment of shore stations; again such authority is inherent to the functioning of any Service, and this section will provide no greater authority than has been exercised in the past.
Subsection (k) is based on title 14, U.S.C., 1946 ed., § 31b (June 6, 1941, ch. 177, 55 Stat. 247 [which was originally repealed by act June 30, 1949, ch. 288, title VI, § 602(a)(28), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583]). The primary authority is granted to the Commandant as well as to the Secretary inasmuch as such exchange seems to be an operational matter and the items which may be exchanged have been enlarged by the addition of aids to navigation, appliances, equipment, and supplies.
Inasmuch as the act cited above applies to the Navy as well as the Coast Guard it is not scheduled for repeal but is being amended by section 13 of this act to eliminate reference to the Coast Guard.
Subsection (l) is new and is deemed desirable in order to give legislative authority for existing yards, and for the procurement of needed equipment and material in case such is not normally or economically obtainable from private contractors.
Subsection (m) is based on title 14, U.S.C., 1946 ed., §§ 110, 192 (June 20, 1874, ch. 344, § 6, 18 Stat. 127; June 18, 1878, ch. 265, § 10, 20 Stat. 165; July 3, 1926, ch. 742, § 9, 44 Stat. 817). The power to accept volunteer services is enlarged to include all services offered in time of emergency, to save life or protect property, and the restrictive provisions relating to lifeboat stations only have been eliminated.
Subsection (n) is new and grants authority to the Commandant to lease real property under the control of the Coast Guard, when not immediately needed in Coast Guard operations. Such authority will be advantageous to the Government, on the basis of past experience.
Subsection (o) is new and is supplementary to subsection (n) of this section. It grants further authority to the Commandant permitting him to grant minor interests in land which is under control of the Coast Guard. This will avoid the necessity of special acts of Congress in each of such instances.
Subsection (p) is new and is necessary to give proper authority for the maintenance of networks of wires and cables, in some cases over or along private property or public highways. These networks are in existence at the present time and are essential for the Service to carry out its functions.
Subsection (q) is new and is necessary in order to provide clear authority for the maintenance of radio stations which are essential to Coast Guard functions.
Changes were made in phraseology. 81st Congress, House Report No. 557.
References In Text
Section 4(e) of the Ports and Waterways Safety Act, referred to in subsec. (b)(2)(B), is section 4(e) of Pub. L. 92–340, which is classified to section 1223(e) of Title 33, Navigation and Navigable Waters.
The date of enactment of this paragraph, referred to in subsec. (d)(2), is the date of enactment of Pub. L. 111–281, which was approved
Amendments
2012—Subsec. (e). Pub. L. 112–213 added subsec. (e).
2011—Subsec. (a)(8). Pub. L. 111–350, which directed amendment of subsec. (h) by substituting “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)”, was executed by making the substitution in subsec. (a)(8) to reflect the probable intent of Congress and the amendment by Pub. L. 108–293, § 201. See 2004 Amendment note below.
2010—Subsec. (a)(4). Pub. L. 111–259 substituted “function, including research, development, test, or evaluation related to intelligence systems and capabilities,” for “function”.
Subsecs. (c), (d). Pub. L. 111–281 added subsecs. (c) and (d).
2006—Subsec. (a)(19). Pub. L. 109–241, § 901(a), redesignated subpars. (1) and (2) as (A) and (B), respectively.
Subsec. (a)(24). Pub. L. 109–241, § 901(c), redesignated par. (y) as (24).
2004—Pub. L. 108–293, § 201, designated existing provisions as subsec. (a), redesignated former subsecs. (a) to (j) and (l) to (w) as pars. (1) to (23), respectively, of subsec. (a), substituted semicolon for comma at end of par. (18), and added subsec. (b).
Pub. L. 108–293, § 217, which directed amendment of this section by striking out “and” after semicolon at end of “paragraph (w)”, substituting “; and” for period at end of “paragraph (x)”, and adding a paragraph designated “(y)” at the end, was executed to this section prior to the amendment by Pub. L. 108–293, § 201, to reflect the probable intent of Congress. See above.
2002—Subsec. (h). Pub. L. 107–217 inserted “subtitle I of title 40 and title III of” before “the Federal Property and Administrative Services Act of 1949” and substituted “(41 U.S.C. 251 et seq.)” for “(40 U.S.C. 471 et seq.)”.
1998—Subsec. (w). Pub. L. 105–383, § 202, added subsec. (w).
Subsec. (x). Pub. L. 105–383, § 203, added subsec. (x).
1996—Subsec. (v). Pub. L. 104–324 added subsec. (v).
1993—Subsec. (t). Pub. L. 103–206, § 202, added subsec. (t).
Subsec. (u). Pub. L. 103–206, § 316, added subsec. (u).
1991—Subsec. (s). Pub. L. 102–241 added subsec. (s).
1982—Subsec. (h). Pub. L. 97–295 substituted “(40 U.S.C. 471 et seq.)” for “, as amended,” after “Act of 1949”.
Subsec. (r). Pub. L. 97–276 and Pub. L. 97–322 made identical amendments adding subsec. (r) relating to medical and dental care for personnel entitled thereto by law or regulation, including care in private facilities.
1981—Subsec. (p). Pub. L. 97–136, inserted “including telephones in residences leased or owned by the Government of the United States when appropriate to assure efficient response to extraordinary operational contingencies of a limited duration,” after “of such lines and cables,”.
1976—Subsec. (n). Pub. L. 94–546 substituted “to be deposited in the Treasury” for “to be covered into the Treasury”.
1951—Subsec. (h). Act
Subsec. (i). Act
Subsec. (k). Act
1950—Subsec. (o). Act
Subsec. (p). Act
Transfer Of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of
Miscellaneous
Pub. L. 111–281, title II, § 217,
Pub. L. 109–241, title IV, § 405,
Pub. L. 108–293, title II, § 215,
Pub. L. 108–293, title II, § 222,
Pub. L. 109–241, title II, § 210,
Pub. L. 107–295, title IV, § 429,
Pub. L. 107–295, title IV, § 430,
Pub. L. 105–383, title IV, § 416(d),
Pub. L. 105–383, title IV, § 425(a),