§ 1. Establishment of Coast Guard

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 46 section 2101. § 2. Primary duties

The Coast Guard shall enforce or assist in the enforcement of all applicable Federal laws on and under the high seas and waters subject to the jurisdiction of the United States; shall administer laws and promulgate and enforce regulations for the promotion of safety of life and property on and under the high seas and waters subject to the jurisdiction of the United States covering all matters not specifically delegated by law to some other executive department; shall develop, establish, maintain, and operate, with due regard to the requirements of national defense, aids to maritime navigation, ice-breaking facilities, and rescue facilities for the promotion of safety on, under, and over the high seas and waters subject to the jurisdiction of the United States; shall, pursuant to international agreements, develop, establish, maintain, and operate icebreaking facilities on, under, and over waters other than the high seas and waters subject to the jurisdiction of the United States; shall engage in oceanographic research of the high seas and in waters subject to the jurisdiction of the United States; and shall maintain a state of readiness to function as a specialized service in the Navy in time of war, including the fulfillment of Maritime Defense Zone command responsibilities..1

(As amended Nov. 10, 1986, Pub. L. 99-640, § 6, 100 Stat. 3547.)

AMENDMENTS

1986-Pub. L. 99-640 inserted ", including the fulfillment of Maritime Defense Zone command responsibilities."

CROSS REFERENCES

Ice and derelict patrol, see section 738a of Title 46, Appendix, Shipping.

§ 3. Relationship to Navy Department

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 5013a; title 50 section 191a.

CHAPTER 3-COMPOSITION AND ORGANIZATION

§ 41. Grades and ratings

In the Coast Guard there shall be an admiral, vice admirals; rear admirals; rear admirals (lower half); captains; commanders; lieutenant commanders; lieutenants; lieutenants (junior grade); ensigns; chief warrant officers, W-4; chief warrant officers, W-3; chief warrant officers, W-2; cadets; warrant officers, W-1; and enlisted members. Enlisted members shall be distributed in ratings established by the Secretary. (As amended Oct. 30, 1984, Pub. L. 98-557, § 15(a)(3)(B), (C), 98 Stat. 2865; Nov. 8, 1985, Pub. L. 99-145, title V, § 514(a)(2), 99 Stat. 628.)

AMENDMENTS

1985-Pub. L. 99-145 substituted "rear admirals (lower half)" for "commodores".

1984-Pub. L. 98-557 substituted "members" for "men" in two places.

§ 42. Number and distribution of commissioned offi

cers

[See main edition for text of (a)]

(b) The commissioned officers on the active duty promotion list shall be distributed in grade in the following percentages, respectively: rear admiral 0.375; rear admiral (lower half) 0.375; captain 6.0; commander 12.0; lieutenant commander 18.0. The Secretary shall prescribe the percentages applicable to the grades of lieutenant, lieutenant (junior grade), and ensign. The Secretary may, as the needs of the Coast Guard require, reduce the percentage applicable to any grade above lieutenant commander, and in order to compensate for such reduction

Page 549

increase correspondingly the percentage applicable to any lower grade.

[See main edition for text of (c) to (e)] (As amended Oct. 30, 1984, Pub. L. 98-557, § 25(a)(1), 98 Stat. 2872; Nov. 8, 1985, Pub. L. 99-145, title V, § 514(c)(1), 99 Stat. 629.)

REFERENCES IN TEXT

Section 433 of this title, referred to in subsec. (e), was repealed by Pub. L. 99-640, § 10(a)(6)(A), Nov. 10, 1986, 100 Stat. 3549.

AMENDMENTS

1985-Subsec. (b). Pub. L. 99-145 substituted "rear admiral (lower half)" for "commodore".

1984-Subsec. (b). Pub. L. 98-557 substituted "0.375" for ".375" in two places.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 271 of this title.

§ 46. Retirement of Commandant

(a) Any Commandant who is not reappointed shall, at the expiration of his term, be retired with the grade of admiral.

(b) A Commandant who is retired for physical disability shall be placed on the retired list with the grade of admiral.

(c) An officer who is retired prior to the expiration of his term, while serving as Commandant, may, in the discretion of the President, be retired with the grade of admiral.

(As amended July 1, 1986, Pub. L. 99-348, title II, § 205(b)(1), 100 Stat. 699.)

AMENDMENTS

1986-Pub. L. 99-348 struck out "and retired pay computed at the highest rates of basic pay applicable to him while he served as Commandant" after "admiral" in subsecs. (a) to (c).

§ 47. Vice Commandant; assignment; retirement

[See main edition for text of (a)]

(b) A Vice Commandant, while so serving, who is retired for physical disability shall be placed on the retired list with the grade of vice admiral.

(c) An officer who is retired while serving as Vice Commandant, or who, after serving at least two and one-half years as Vice Commandant, is retired after completion of that service while serving in a lower rank or grade, may, in the discretion of the President, be retired with the grade of vice admiral.

(d) An officer who, after serving less than two and one-half years as Vice Commandant, is retired after completion of that service while serving in a lower rank or grade, shall be retired in his permanent grade.

(As amended July 1, 1986, Pub. L. 99-348, title II, § 205(b)(2), 100 Stat. 700.)

AMENDMENTS

1986-Subsecs. (b), (c). Pub. L. 99-348, § 205(b)(2)(A), struck out "and retired pay" after "with the grade". Subsec. (d). Pub. L. 99-348, § 205(b)(2)(B), struck out "and with the retired pay of that grade" after "permanent grade".

§ 51. Retirement

(a) An officer who, while serving as Commander, Atlantic Area, or Commander, Pacific Area, is retired for physical disability shall be placed on the retired list with the grade of vice admiral.

(b) An officer who is retired while serving as Commander, Atlantic Area, or Commander, Pacific Area, or who, after serving at least two and one-half years in the grade of vice admiral, is retired while serving in a lower grade, may in the discretion of the President, be retired with the grade of vice admiral.

(c) An officer who, after serving less than two and one-half years in the grade of vice admiral, is retired while serving in a lower grade, shall be retired in his permanent grade.

(As amended Pub. L. 99-348, title II, § 205(b)(3), July 1, 1986, 100 Stat. 700.)

AMENDMENTS

1986-Subsecs. (a), (b). Pub. L. 99-348, § 205(b)(3)(A), struck out "and retired pay” after “with the grade". Subsec. (c). Pub. L. 99-348, § 205(b)(3)(B), struck out "and with the retired pay of that grade" after "permanent grade".

CHAPTER 5-FUNCTIONS AND POWERS

§ 81. Aids to navigation authorized

CROSS REFERENCES

Ice and derelict patrol, see section 738a of Title 46, Appendix, Shipping.

§ 82. Cooperation with Administrator of the Federal Aviation Administration

The Coast Guard, in establishing, maintaining, or operating any aids to air navigation herein provided, shall solicit the cooperation of the Administrator of the Federal Aviation Administration to the end that the personnel and facilities of the Federal Aviation Administration will be utilized to the fullest possible advantage. Before locating and operating any such aid on military or naval bases or regions, the consent of the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force, as the case may be, shall first be obtained. No such aid shall be located within the territorial jurisdiction of any foreign country without the consent of the government thereof. Nothing in this title shall be deemed to limit the authority granted by the Federal Aviation Act of 1958 (49 App. U.S.C. 1301 et seq.), or by the provisions of chapter 167 of title 10.

(As amended Nov. 10, 1986, Pub. L. 99-640, § 10(a)(3), 100 Stat. 3549.)

AMENDMENTS

1986-Pub. L. 99-640 substituted "(49 App. U.S.C. 1301 et seq.)" for ", as amended (49 U.S.C. 1301 et seq.)".

§ 88. Saving life and property

HELICOPTER RESCUE SWIMMING PROGRAM

Pub. L. 98-557, § 9, Oct. 30, 1984, 98 Stat. 2862, provided that: "The Secretary of the department in which the Coast Guard is operating shall use such sums as are necessary, from amounts appropriated for

the operation and maintenance of the Coast Guard, to establish a helicopter rescue swimming program for the purpose of training selected Coast Guard personnel in rescue swimming skills."

§ 89. Law enforcement

ENHANCED DRUG-INTERDICTION ASSISTANCE

Pub. L. 99-145, title XIV, § 1421, Nov. 8, 1985, 99 Stat. 750, which required assignment of a member of the Coast Guard to each surface naval vessel at sea in a drug-interdiction area to perform law enforcement functions, was repealed by Pub. L. 99-570, title III, § 3053(b)(3), Oct. 27, 1986, 100 Stat. 3207-76. See section 379 of Title 10, Armed Forces.

§ 91. Safety of naval vessels

(a) The Secretary may control the anchorage and movement of any vessel in the navigable waters of the United States to ensure the safety or security of any United States naval vessel in those waters.

(b) If the Secretary does not exercise the authority in subsection (a) of this section and immediate action is required, the senior naval officer present in command may control the anchorage or movement of any vessel in the navigable waters of the United States to ensure the safety and security of any United States naval vessel under the officer's command.

(c) If a person violates, or a vessel is operated in violation of, this section or a regulation or order issued under this section, the person or vessel is subject to the enforcement provisions in section 13 of the Ports and Waterways Safety Act (33 U.S.C. 1232).

(As amended Nov. 10, 1986, Pub. L. 99-640, § 10(a)(4), 100 Stat. 3549.)

AMENDMENTS

1986-Pub. L. 99-640 amended section generally. Prior to amendment, section read as follows: "The captain of the port, Coast Guard district commander, or other officer of the Coast Guard designated by the Commandant thereof, or the Governor of the Panama Canal in the case of the territory and waters of the Canal Zone, shall so control the anchorage and movement of any vessel, foreign or domestic, in the territorial waters of the United States, as to insure the safety or security of such United States naval vessels as may be present in his jurisdiction. In territorial waters of the United States where immediate action is required, or where representatives of the Coast Guard are not present, or not present in sufficient force to exercise effective control of shipping as provided herein, the senior naval officer present in command of any naval force may control the anchorage or movement of any vessel, foreign or domestic, to the extent deemed necessary to insure the safety and security of his command."

§ 92. Secretary; general powers

For the purpose of executing the duties and functions of the Coast Guard the Secretary may within the limits of appropriations made therefor:

(a) establish, change the limits of, consolidate, discontinue, and re-establish Coast Guard districts;

(b) arrange with the Secretaries of the Army, Navy and Air Force to assign members of the Coast Guard to any school maintained by the Army, Navy, and Air Force, for instruction and training, including aviation schools;

[See main edition for text of (c) to (i)] (As amended Oct. 30, 1984, Pub. L. 98-557, § 15(a)(3)(D), 98 Stat. 2865.)

AMENDMENTS

1984-Subsec. (b). Pub. L. 98-557 substituted reference to members for reference to officers and enlisted men.

LIFESAVING EQUIPMENT ON PASSENGER FERRIES Section 10 of Pub. L. 98-557 provided that: "The Secretary of the department in which the Coast Guard is operating shall proceed vigorously with efforts to develop improved lifesaving equipment for use on passenger ferries."

AIRCRAFT

Provisions specifying the maximum number of aircraft on hand at any one time, exclusive of planes and parts stored to meet future attrition, were contained in the following appropriation acts:

Dec. 22, 1987, Pub. L. 100-202, § 101(7) [title I, § 101], 101 Stat. 1329-358, 1329-359.

Oct. 18, 1986, Pub. L. 99–500, § 101(7) [H.R. 5205, title I, § 1011, 100 Stat. 1783-308, and Oct. 30, 1986, Pub. L. 99-591, § 101(7), 100 Stat. 3341-308.

Dec. 19, 1985, Pub. L. 99-190, § 101(e) [title I, § 101], 99 Stat. 1267, 1269.

Oct. 12, 1984, Pub. L. 98-473, title I, § 101(i) [title I, § 1011, 98 Stat. 1944, 1945.

Aug. 15, 1983, Pub. L. 98-78, title I, § 101, 97 Stat. 454.

APPROPRIATION AUTHORIZATION FOR ConstrucTION OF SHORE OR OFFSHORE ESTABLISHMENTS OR FOR PROCUREMENT OF VESSELS OR AIRCRAFT

Pub. L. 88-45, § 1, June 21, 1963, 77 Stat. 68, which provided that after fiscal year 1964, funds could not be appropriated to or for the use of the Coast Guard for the construction of shore or offshore establishments, or for the procurement of vessels or aircraft, unless the appropriation of such funds had been authorized by legislation enacted after Dec. 31, 1963, was repealed by Pub. L. 99-640, § 10(a)(9), Nov. 10, 1986, 100 Stat. 3549.

§ 144. Department of the Army and Department of the Air Force

(a) The Secretary of the Army or the Secretary of the Air Force at the request of the Secretary may, with or without reimbursement for the cost thereof, as agreed, receive members of the Coast Guard for instruction in any school, including any aviation school, maintained by the Army or the Air Force, and such members shall be subject to the regulations governing such schools.

[See main edition for text of (b) and (c)] (As amended Oct. 30, 1984, Pub. L. 98-557, § 15(a)(3)(D), 98 Stat. 2865.)

AMENDMENTS

1984-Subsec. (a). Pub. L. 98-557 substituted reference to members for reference to officers and enlisted men in two places.

§ 145. Navy Department

(a) The Secretary of the Navy, at the request of the Secretary may, with or without reimbursement for the cost thereof, as agreed:

(1) build any vessel for the Coast Guard at such Navy yards as the Secretary of the Navy may designate;

(2) receive members of the Coast Guard for instruction in any school, including any aviation school maintained by the Navy, and such members shall be subject to the regulations governing such schools; and

[See main edition for text of (3); (b) and (c)] (As amended Oct. 30, 1984, Pub. L. 98-557, § 15(a)(3)(D), 98 Stat. 2865.)

AMENDMENTS

1984-Subsec. (a)(2). Pub. L. 98-557 substituted reference to members for reference to officers and enlisted men in two places.

§ 146. United States Postal Service

Coast Guard facilities and personnel may be utilized for the transportation and delivery of mail matter during emergency conditions or at isolated locations under such arrangements as may be satisfactory to the Secretary and the United States Postal Service.

(As amended Nov. 10, 1986, Pub. L. 99-640, § 10(a)(5), 100 Stat. 3549.)

AMENDMENTS

1986-Pub. L. 99-640 substituted "United States Postal Service" for "Postmaster General".

§ 148. Maritime instruction

The Coast Guard may, when so requested by proper authority, detail members for duty in connection with maritime instruction and training by the several States, Territories, the District of Columbia, and Puerto Rico, and when requested by the Maritime Administrator, detail persons in the Coast Guard for duty in connection with maritime instruction and training by the United States. The service rendered by any person so detailed shall be considered Coast Guard duty.

(As amended Oct. 30, 1984, Pub. L. 98-557, § 15(a)(3)(D), 98 Stat. 2865.)

AMENDMENTS

1984-Pub. L. 98-557 substituted reference to members for reference to officers and enlisted men.

§ 149. Detail of members to assist foreign governments

The President may upon application from the foreign governments concerned, and whenever in his discretion the public interests render such a course advisable, detail members of the Coast Guard to assist foreign governments in matters concerning which the Coast Guard may be of assistance. Members so detailed may accept, from the government to which detailed, offices and such compensation and emoluments thereunder appertaining as may be first approved by the Secretary. While so detailed such members shall receive, in addition to the compensation and emoluments allowed them by such governments, the pay and allowances to which they are entitled in the Coast Guard and shall be allowed the same credit for longevity, retirement, and for all other purposes that they would receive if they were serving with the Coast Guard.

(As amended Oct. 30, 1984, Pub. L. 98-557, § 15(a)(3)(D), (E), (4)(A)(i), 98 Stat. 2865.)

(C)(ii),

1984-Pub. L. 98-557, §§ 15(a)(4)(B)(ii), (E)(ii), 17(b)(2)(B), Oct. 30, 1984, 98 Stat. 2865, 2866, 2867, added item 295, in heading preceding item 350 substituted “MEMBERS” for “MEN", in item 360 substituted "member" for “man”, and in item 361 substituted "enlisted member" for "man".

OFFICERS

A. APPOINTMENTS

§ 211. Original appointment of permanent commissioned officers

(a) The President may appoint, by and with the advice and consent of the Senate, permanent commissioned officers in the Regular Coast Guard in grades of ensign or above appropriate to their qualifications, experience, and length of service, as the needs of the Coast Guard may require, from among the following categories:

(1) graduates of the Coast Guard Academy;

(2) commissioned warrant officers, warrant officers, and enlisted members of the Regular Coast Guard;

[See main edition for text of (3) and (4); (b) and (c)]

(As amended Pub. L. 98-557, § 15(a)(3)(B), Oct. 30, 1984, 98 Stat. 2865.)

AMENDMENTS

1984-Subsec. (a)(2). Pub. L. 98-557 substituted reference to enlisted members for reference to enlisted men.

§ 212. Original appointment of permanent commissioned warrant officers

(a) The President may appoint, by and with the advice and consent of the Senate, permanent commissioned warrant officers in the Regular Coast Guard, as the needs of the Coast Guard may require, from among the following categories:

(1) warrant officers (W-1) of the Regular Coast Guard;

(2) enlisted members of the Regular Coast Guard;

[See main edition for text of (3) and (4); (b) and (c)]

(As amended Pub. L. 98-557, § 15(a)(3)(B), Oct. 30, 1984, 98 Stat. 2865.)

AMENDMENTS

1984-Subsec. (a)(2). Pub. L. 98-557 substituted reference to enlisted members for reference to enlisted men.

§ 213. Original appointment of permanent warrant officers (W-1)

(a) The Secretary may appoint permanent warrant officers (W-1), in the Regular Coast Guard, as the needs of the Coast Guard may require, from among the following categories:

(1) enlisted members of the Regular Coast Guard;

[See main edition for text of (2) and (3); (b) and (c)]

(As amended Pub. L. 98-557, § 15(a)(3)(B), Oct. 30, 1984, 98 Stat. 2865.)

AMENDMENTS

1984-Subsec. (a)(1). Pub. L. 98-557 substituted reference to enlisted members for reference to enlisted men.

§ 214. Original appointment of temporary officers

(a) The President may appoint temporary commissioned officers in the Regular Coast Guard in a grade, not above lieutenant, appropriate to their qualifications, experience, and length of service, as the needs of the Coast Guard may require, from among the commissioned warrant officers, warrant officers, and enlisted members of the Coast Guard, and from licensed officers of the United States merchant marine.

(b) The President may appoint temporary commissioned warrant officers in the Regular Coast Guard, as the needs of the Coast Guard may require, from among the warrant officers and enlisted members of the Coast Guard, and from licensed officers of the United States merchant marine.

(c) The Secretary may appoint temporary warrant officers (W-1) in the Regular Coast Guard, as the needs of the Coast Guard require, from among the enlisted members of the Coast Guard, and from licensed officers of the United States merchant marine.

[See main edition for text of (d) to (ƒ)I (As amended Pub. L. 98-557, § 15(a)(3)(B), Oct. 30, 1984, 98 Stat. 2865.)

AMENDMENTS

1984-Subsecs. (a) to (c). Pub. L. 98-557 substituted reference to enlisted members for reference to enlisted men wherever appearing.