USC Subchapter II

USC Subchapter II
in effect

14 U.S.C. § 302 Commandant; appointment

(a) appointment.— 11 So in original. Probably should be capitalized.The President may appoint, by and with the advice and consent of the Senate, one Commandant for a period of four years, who shall act as Chief of the Coast Guard. (b) Reappointment.—In time of war or during a national emergency declared by Congress, the Commandant may be reappointed for a term of not more than 4 years. (c) Term.—The term of an appointment, and any reappointment, shall begin on June 1 of the appropriate year and end on May 31 of the appropriate year, except that, in the event of death, retirement, resignation, or reassignment, or when the needs of the Service demand, the Secretary may alter the date on which a term begins or ends if the alteration does not result in the term exceeding a period of 4 years. The Commandant shall be appointed from the officers on the active duty promotion list serving above the grade of captain who have completed at least ten years of active service as a commissioned officer in the Coast Guard. (d) Grade.—The Commandant while so serving shall have the grade of admiral.

14 U.S.C. § 303 Vice Commandant; appointment

The President may appoint, by and with the advice and consent of the Senate, one Vice Commandant who shall rank next after the Commandant, shall perform such duties as the Commandant may prescribe and shall act as Commandant during the absence or disability of the Commandant or in the event that there is a vacancy in the office of Commandant. The Vice Commandant shall be selected from the officers on the active duty promotion list serving above the grade of captain. The Commandant shall make recommendation for such appointment. The Vice Commandant shall, while so serving, have the grade of admiral with pay and allowances of that grade. The appointment and grade of a Vice Commandant shall be effective on the date the officer assumes that duty, and shall terminate on the date the officer is detached from that duty, except as provided in section 306(d) of this title.

14 U.S.C. § 304 Retirement of Commandant or Vice Commandant

(a)(1) A Commandant who is not reappointed shall be retired with the grade of admiral at the expiration of the appointed term, except as provided in section 306(d) of this title. (2) A Vice Commandant who is retired while serving as Vice Commandant, after serving not less than 2 years as Vice Commandant, shall be retired with the grade of admiral, except as provided in section 306(d). (b) A Commandant or Vice Commandant who is retired for physical disability shall be placed on the retired list with the grade of admiral. (c) An officer who is retired prior to the expiration of the officer’s term, while serving as Commandant or as an officer serving as Vice Commandant who has served less than 2 years as Vice Commandant, may, in the discretion of the President, be retired with the grade of admiral. (d) Retirement under this section is subject to section 2501(a) of this title.

14 U.S.C. § 305 Vice admirals

(a)(1) The President shall—(A) designate, within the Coast Guard, no more than five positions of importance and responsibility that shall be held by officers who, while so serving—(i) shall have the grade of vice admiral, with the pay and allowances of that grade; and (ii) shall perform such duties as the Commandant may prescribe, except that if the President designates five such positions, one position shall oversee personnel management, workforce, and dependent support, training, and related matters; and (B) designate, within the executive branch, other than within the Coast Guard or the National Oceanic and Atmospheric Administration, positions of importance and responsibility that shall be held by officers who, while so serving, shall have the grade of vice admiral, with the pay and allowances of that grade. (2) The President may appoint, by and with the advice and consent of the Senate, and reappoint, by and with the advice and consent of the Senate, to any such position an officer of the Coast Guard who is serving on active duty above the grade of captain. The Commandant shall make recommendations for such appointments. (3)(A) Except as provided in subparagraph (B), one of the vice admirals designated under paragraph (1)(A) must have at least 10 years experience in vessel inspection, marine casualty investigations, mariner licensing, or an equivalent technical expertise in the design and construction of commercial vessels, with at least 4 years of leadership experience at a staff or unit carrying out marine safety functions and shall serve as the principal advisor to the Commandant on these issues. (B) The requirements of subparagraph (A) do not apply to such vice admiral if the subordinate officer serving in the grade of rear admiral with responsibilities for marine safety, security, and stewardship possesses that experience. (4) Prior to making a recommendation to the President for the nomination of an officer for appointment to a position of importance and responsibility under this section, which appointment would result in the initial appointment of the officer concerned in the grade of vice admiral, the Commandant shall consider all officers determined to be among the best qualified for such position. (b)(1) The appointment and the grade of vice admiral shall be effective on the date the officer assumes that duty and, except as provided in paragraph (2) of this subsection or in section 306(d) of this title, shall terminate on the date the officer is detached from that duty. (2) An officer who is appointed to a position designated under subsection (a) shall continue to hold the grade of vice admiral—(A) while under orders transferring the officer to another position designated under subsection (a), beginning on the date the officer is detached from that duty and terminating on the date before the day the officer assumes the subsequent duty, but not for more than 60 days; (B) while hospitalized, beginning on the day of the hospitalization and ending on the day the officer is discharged from the hospital, but not for more than 180 days; (C) at the discretion of the Secretary, while awaiting orders after being relieved from the position, beginning on the day the officer is relieved from the position, but not for more than 60 days; and (D) while awaiting retirement, beginning on the date the officer is detached from duty and ending on the day before the officer’s retirement, but not for more than 60 days. (c)(1) An appointment of an officer under subsection (a) does not vacate the permanent grade held by the officer. (2) An officer serving in a grade above rear admiral who holds the permanent grade of rear admiral (lower half) shall be considered for promotion to the permanent grade of rear admiral as if the officer was serving in the officer’s permanent grade. (d) Whenever a vacancy occurs in a position designated under subsection (a), the Commandant shall inform the President of the qualifications needed by an officer serving in that position or office to carry out effectively the duties and responsibilities of that position or office.

14 U.S.C. § 306 Retirement

(a) An officer, other than the Commandant or Vice Commandant, who, while serving in the grade of admiral or vice admiral, is retired for physical disability shall be placed on the retired list with the highest grade in which that officer served satisfactorily, as determined under section 2501 of this title. (b) An officer, other than the Commandant or Vice Commandant, who is retired while serving in the grade of admiral or vice admiral, or who, after serving at least 2½ years in the grade of admiral or vice admiral, is retired while serving in a lower grade, may in the discretion of the President, be retired with the highest grade in which that officer served satisfactorily, as determined under section 2501 of this title. (c) An officer, other than the Commandant or Vice Commandant, who, after serving less than 2½ years in the grade of admiral or vice admiral, is retired while serving in a lower grade, shall be retired in his permanent grade if performance of duties in such grade is determined to have been satisfactory pursuant to section 2501 of this title. (d) An officer serving in the grade of admiral or vice admiral shall continue to hold that grade—(1) while being processed for physical disability retirement, beginning on the day of the processing and ending on the day that officer is retired, but not for more than 180 days; and (2) while awaiting retirement, beginning on the day that officer is relieved from the position of Commandant, Vice Commandant, or Vice Admiral and ending on the day before the officer’s retirement, but not for more than 60 days.

14 U.S.C. § 307 Vice admirals and admirals, continuity of grade

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

14 U.S.C. § 308 Chief Acquisition Officer

(a) In General.—There shall be in the Coast Guard a Chief Acquisition Officer selected by the Commandant who shall be a Rear Admiral or civilian from the Senior Executive Service (career reserved) and who meets the qualifications set forth under subsection (b). The Chief Acquisition Officer shall serve at the Assistant Commandant level and have acquisition management as that individual’s primary duty. (b) Qualifications.—(1) The Chief Acquisition Officer and any flag officer serving in the Acquisition Directorate shall be an acquisition professional with a Level III acquisition management certification and must have at least 10 years experience in an acquisition position, of which at least 4 years were spent as—(A) the program executive officer; (B) the program manager of a Level 1 or Level 2 acquisition project or program; (C) the deputy program manager of a Level 1 or Level 2 acquisition; (D) the project manager of a Level 1 or Level 2 acquisition; or (E) any other acquisition position of significant responsibility in which the primary duties are supervisory or management duties. (2) The Commandant shall periodically publish a list of the positions designated under paragraph (1). (3) In this subsection each of the terms “Level 1 acquisition” and “Level 2 acquisition” has the meaning that term has in chapter 11 of this title. (c) Functions of the Chief Acquisition Officer.—The functions of the Chief Acquisition Officer include—(1) monitoring the performance of acquisition projects and programs on the basis of applicable performance measurements and advising the Commandant, through the chain of command, regarding the appropriate business strategy to achieve the missions of the Coast Guard; (2) maximizing the use of full and open competition at the prime contract and subcontract levels in the acquisition of property, capabilities, assets, and services by the Coast Guard by establishing policies, procedures, and practices that ensure that the Coast Guard receives a sufficient number of sealed bids or competitive proposals from responsible sources to fulfill the Government’s requirements, including performance and delivery schedules, at the lowest cost or best value considering the nature of the property, capability, asset, or service procured; (3) making acquisition decisions in concurrence with the technical authority, or technical authorities, of the Coast Guard, as designated by the Commandant, consistent with all other applicable laws and decisions establishing procedures within the Coast Guard; (4) ensuring the use of detailed performance specifications in instances in which performance-based contracting is used; (5) managing the direction of acquisition policy for the Coast Guard, including implementation of the unique acquisition policies, regulations, and standards of the Coast Guard; (6) developing and maintaining an acquisition career management program in the Coast Guard to ensure that there is an adequate acquisition workforce; (7) assessing the requirements established for Coast Guard personnel regarding knowledge and skill in acquisition resources and management and the adequacy of such requirements for facilitating the achievement of the performance goals established for acquisition management; (8) developing strategies and specific plans for hiring, training, and professional development; (9) reporting to the Commandant, through the chain of command, on the progress made in improving acquisition management capability; and (10)(A) keeping the Commandant informed of the progress of major acquisition programs (as that term is defined in section 1171); (B) informing the Commandant on a continuing basis of any developments on such programs that may require new or revisited trade-offs among cost, schedule, technical feasibility, and performance, including—(i) significant cost growth or schedule slippage; and (ii) requirements creep (as that term is defined in section 3104(c)(1) of title 10); and (C) ensuring that the views of the Commandant regarding such programs on cost, schedule, technical feasibility, and performance trade-offs are strongly considered by program managers and program executive officers in all phases of the acquisition process.

14 U.S.C. § 309 Office of the Coast Guard Reserve; Director

(a) Establishment of Office; Director.—There is in the executive part of the Coast Guard an Office of the Coast Guard Reserve. The head of the Office is the Director of the Coast Guard Reserve. The Director of the Coast Guard Reserve is the principal adviser to the Commandant on Coast Guard Reserve matters and may have such additional functions as the Commandant may direct. (b) Appointment.—The President, by and with the advice and consent of the Senate, shall appoint the Director of the Coast Guard Reserve, from officers of the Coast Guard who—(1) have had at least 10 years of commissioned service; (2) are in a grade above captain; and (3) have been recommended by the Secretary of Homeland Security. (c) Term.—(1) The Director of the Coast Guard Reserve holds office for a term determined by the President, normally two years, but not more than four years. An officer may be removed from the position of Director for cause at any time. (2) The Director of the Coast Guard Reserve, while so serving, holds a grade above Captain, without vacating the officer’s permanent grade. (d) Budget.—The Director of the Coast Guard Reserve is the official within the executive part of the Coast Guard who, subject to the authority, direction, and control of the Secretary of Homeland Security and the Commandant, is responsible for preparation, justification, and execution of the personnel, operation and maintenance, and construction budgets for the Coast Guard Reserve. As such, the Director of the Coast Guard Reserve is the director and functional manager of appropriations made for the Coast Guard Reserve in those areas. (e) Annual Report.—The Director of the Coast Guard Reserve shall submit to the Secretary of Homeland Security and the Secretary of Defense an annual report on the state of the Coast Guard Reserve and the ability of the Coast Guard Reserve to meet its missions. The report shall be prepared in conjunction with the Commandant and may be submitted in classified and unclassified versions.

14 U.S.C. § 310 Director of Coast Guard Investigative Service

(a) In General.—There shall be a Director of the Coast Guard Investigative Service. (b) Chain of Command.—The Director of the Coast Guard Investigative Service shall report directly to and be under the general supervision of the Commandant, acting through the Vice Commandant of the Coast Guard.

14 U.S.C. § 311 United States Coast Guard Band; composition; director

(a) The United States Coast Guard Band shall be composed of a director and other personnel in such numbers and grades as the Secretary determines to be necessary. (b) The Secretary may designate as the director any individual determined by the Secretary to possess the necessary qualifications. Upon the recommendation of the Secretary, an individual so designated may be appointed by the President, by and with the advice and consent of the Senate, to a commissioned grade in the Regular Coast Guard. (c) The initial appointment to a commissioned grade of an individual designated as director of the Coast Guard Band shall be in the grade determined by the Secretary to be most appropriate to the qualifications and experience of the appointed individual. (d) An individual who is designated and commissioned under this section shall not be included on the active duty promotion list. He shall be promoted under section 2126 of this title. However, the grade of the director may not be higher than captain. (e) The Secretary may revoke any designation as director of the Coast Guard Band. When an individual’s designation is revoked, his appointment to commissioned grade under this section terminates and he is entitled, at his option—(1) to be discharged from the Coast Guard; or (2) to revert to the grade and status he held at the time of his designation as director.

14 U.S.C. § 312 Western Alaska Oil Spill Planning Criteria Program

(a) Establishment.—There is established within the Coast Guard a Western Alaska Oil Spill Planning Criteria Program (referred to in this section as the “Program”) to develop and administer the Western Alaska oil spill planning criteria. (b) Program Manager.—(1) In general.—Not later than 1 year after the date of enactment of this section, the Commandant shall select a permanent civilian career employee through a competitive search process for a term of not less than 5 years to serve as the Western Alaska Oil Spill Criteria Program Manager (referred to in this section as the “Program Manager”)—(A) the primary duty of whom shall be to administer the Program; and (B) who shall not be subject to frequent or routine reassignment. (2) Conflicts of interest.—The individual selected to serve as the Program Manager shall not have conflicts of interest relating to entities regulated by the Coast Guard. (3) Duties.—(A) Development of guidance.—The Program Manager shall develop guidance for—(i) approval, drills, and testing relating to the Western Alaska oil spill planning criteria; and (ii) gathering input concerning such planning criteria from Federal agencies, State and local governments, Tribes, and relevant industry and nongovernmental entities. (B) Assessments.—Not less frequently than once every 5 years, the Program Manager shall—(i) assess whether such existing planning criteria adequately meet the needs of vessels operating in the geographic area; and (ii) identify methods for advancing response capability so as to achieve, with respect to a vessel, compliance with national planning criteria. (C) Onsite verifications.—The Program Manager shall address the relatively small number and limited nature of verifications of response capabilities for vessel response plans by increasing, within the Coast Guard Arctic District, the quantity and frequency of onsite verifications of the providers identified in vessel response plans. (c) Training.—The Commandant shall enhance the knowledge and proficiency of Coast Guard personnel with respect to the Program by—(1) developing formalized training on the Program that, at a minimum—(A) provides in-depth analysis of—(i) the national planning criteria described in part 155 of title 33, Code of Federal Regulations (as in effect on the date of enactment of this section); (ii) alternative planning criteria; (iii) Western Alaska oil spill planning criteria; (iv) Captain of the Port and Federal On-Scene Coordinator authorities related to activation of a vessel response plan; (v) the responsibilities of vessel owners and operators in preparing a vessel response plan for submission; and (vi) responsibilities of the Area Committee, including risk analysis, response capability, and development of alternative planning criteria; (B) explains the approval processes of vessel response plans that involve alternative planning criteria or Western Alaska oil spill planning criteria; and (C) provides instruction on the processes involved in carrying out the actions described in paragraphs (9)(D) and (9)(F) of section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)), including instruction on carrying out such actions—(i) in any geographic area in the United States; and (ii) specifically in the Coast Guard Arctic District; and (2) providing such training to all Coast Guard personnel involved in the Program. (d) Definitions.—In this section:(1) Alternative planning criteria.—The term “alternative planning criteria” means criteria submitted under section 155.1065 or 155.5067 of title 33, Code of Federal Regulations (as in effect on the date of enactment of this section), for vessel response plans. (2) Tribe.—The term “Tribe” has the meaning given the term “Indian Tribe” in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (3) Vessel response plan.—The term “vessel response plan” means a plan required to be submitted by the owner or operator of a tank vessel or a nontank vessel under regulations issued by the President under section 311(j)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)). (4) Western alaska oil spill planning criteria.—The term “Western Alaska oil spill planning criteria” means the criteria required to be established under paragraph (9) of section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)).

14 U.S.C. § 313 Chief of Staff to President: appointment

The President, by and with the advice and consent of the Senate, may appoint a flag officer of the Coast Guard as the Chief of Staff to the President.

14 U.S.C. § 314 Captains of the port

Any officer, including any petty officer, may be designated by the Commandant as captain of the port or ports or adjacent high seas or waters over which the United States has jurisdiction, as the Commandant deems necessary to facilitate execution of Coast Guard duties.

14 U.S.C. § 315 Congressional affairs; Director

The Commandant shall appoint a Director of Congressional Affairs from among officers of the Coast Guard who are in a grade above captain. The Director of Congressional Affairs is separate and distinct from the Director of Governmental and Public Affairs for the Coast Guard and is the principal advisor to the Commandant on all congressional and legislative matters for the Coast Guard and may have such additional functions as the Commandant may direct.

14 U.S.C. § 316 Commandant Advisory Judge Advocate

There shall be in the Coast Guard a Commandant Advisory Judge Advocate who is a judge advocate in a grade of O-6. The Commandant Advisory Judge Advocate shall be assigned to the staff of the Commandant in the first regularly scheduled O-6 officer assignment panel to convene following the date of the enactment of the Coast Guard Authorization Act of 2025 and perform such duties relating to legal matters arising in the Coast Guard as such legal matters relate to the Commandant, as may be assigned.

14 U.S.C. § 317 Special Advisor to Commandant for Tribal and Native Hawaiian Affairs

(a) In General.—In accordance with Federal trust responsibilities and treaty obligations, laws, and policies relevant to Indian Tribes and in support of the principles of self-determination, self-governance, and co-management with respect to Indian Tribes, and to support engagement with Native Hawaiians, there shall be in the Coast Guard a Special Advisor to the Commandant for Tribal and Native Hawaiian Affairs (in this section referred to as the “Special Advisor”), who shall—(1) be selected by the Secretary and the Commandant through a competitive search process; (2) have expertise in Federal Indian law and policy, including government-to-government consultation; (3) to the maximum extent practicable, have expertise in legal and policy issues affecting Native Hawaiians; and (4) have an established record of distinguished service and achievement working with Indian Tribes, Tribal organizations, and Native Hawaiian organizations. (b) Career Reserved Position.—The position of Special Advisor shall be a career reserved position at the GS–15 level or greater. (c) Duties.—The Special Advisor shall—(1) ensure the Federal government upholds the Federal trust responsibility and conducts consistent, meaningful, and timely government-to-government consultation and engagement with Indian Tribes, which shall meet or exceed the standards of the Federal Government and the Coast Guard; (2) ensure meaningful and timely engagement with—(A) Native Hawaiian organizations; and (B) Tribal organizations; (3) advise the Commandant on all policies of the Coast Guard that have Tribal implications in accordance with applicable law and policy, including Executive Orders; (4) work to ensure that the policies of the Federal Government regarding consultation and engagement with Indian Tribes and engagement with Native Hawaiian organizations and Tribal organizations are implemented in a meaningful manner, working through Coast Guard leadership and across the Coast Guard, together with—(A) liaisons located within Coast Guard districts; (B) the Director of Coast Guard Governmental and Public Affairs; and (C) other Coast Guard leadership and programs and other Federal partners; and (5) support Indian Tribes, Native Hawaiian organizations, and Tribal organizations in all matters under the jurisdiction of the Coast Guard. (d) Direct Access to Secretary and Commandant.—No officer or employee of the Coast Guard or the Department of Homeland Security may interfere with the ability of the Special Advisor to give direct and independent advice to the Secretary and the Commandant on matters related to this section. (e) Definitions.—In this section:(1) Indian tribe.—The term “Indian Tribe” has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (2) Native hawaiian organization.—The term “Native Hawaiian organization” has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517) except the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs. (3) Tribal organization.—The term “Tribal organization” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

14 U.S.C. § 318 Judge Advocate General; Deputy Judge Advocate General: appointment; duties

(a) In General.—The Judge Advocate General in the Coast Guard shall be appointed by the President, by and with the advice and consent of the Senate, from officers of the Coast Guard designated as judge advocates. The term of office is not more than 4 years. (b) Appointment.—The Judge Advocate General of the Coast Guard shall be appointed from those officers who at the time of appointment are members of the bar of a Federal court or the highest court of a State, and who have had at least 8 years of experience in legal duties as commissioned officers. (c) Duties.—The Judge Advocate General, in addition to other duties prescribed by law—(1) is the legal adviser of the Commandant of the Coast Guard and of all officers and agencies of the Coast Guard; (2) shall direct the officers of the Coast Guard designated as judge advocates in the performance of their duties; and (3) shall receive, revise, and have recorded the proceedings of courts of inquiry and military commissions. (d) Deputy Judge Advocate General.—(1) In general.—The Deputy Judge Advocate General in the Coast Guard shall be appointed by the Commandant, from civilians in the Senior Executive Service (career reserved) who meet the qualifications set forth in subsection (b). The term of office of the Deputy Judge Advocate General is not more than four years with reappointment for an additional term of 4 years. (2) Vacancy of judge advocate general.—When there is a vacancy in the office of the Judge Advocate General, or during the absence or disability of the Judge Advocate General, the Deputy Judge Advocate General shall perform the duties of the Judge Advocate General until a successor is appointed or the absence or disability ceases. Should a vacancy in the Deputy Judge Advocate General position overlap with a vacancy in the office of the Judge Advocate General, the Commandant shall establish an acting Judge Advocate General from officers of the Coast Guard designated as judge advocates with the qualifications in subsection (b). (3) Acting deputy judge advocate general.—When there is a vacancy of the position of Deputy Judge Advocate General, to include during the absence or disability of the Judge Advocate General, the Commandant shall establish an acting Deputy Judge Advocate from officers of the Coast Guard designated as judge advocates with the qualifications in subsection (b). Such officer shall perform the duties of the Deputy Judge Advocate General until a successor is appointed or the absence or disability ceases. Should a vacancy in the Deputy Judge Advocate General position overlap with a vacancy in the office of the Judge Advocate General, the Commandant shall establish an acting Deputy Judge Advocate from civilians in the Senior Executive Service (career reserved), or GS-15s, who meet the qualifications in subsection (b). (4) Compliance with act.—The Commandant shall ensure compliance with this section not later than 30 days after enactment of this section. (e) Limitation.—No officer or employee of the Department of Homeland Security may interfere with—(1) the ability of the Judge Advocate General to give independent legal advice to the Commandant or Vice Commandant; or (2) the ability of judge advocates of the Coast Guard assigned or attached to, or performing duty with, military units to give independent legal advice to commanders.

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