Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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# 14 U.S.C. § 101 - Establishment of Coast Guard
## Text
The Coast Guard, established January 28, 1915, shall be a military service and a branch of the armed forces of the United States at all times.
(Aug. 4, 1949, ch. 393, 63 Stat. 496, § 1; Pub. L. 94546, § 1(1), Oct. 18, 1976, 90 Stat. 2519; Pub. L. 107296, title XVII, § 1704(a), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112213, title II, § 217(1), Dec. 20, 2012, 126 Stat. 1555; renumbered § 101, Pub. L. 115282, title I, § 103(b), Dec. 4, 2018, 132 Stat. 4195.)
## Notes
Historical and Revision NotesBased on title 14, U.S.C., 1946 ed., § 1 (Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; July 11, 1941, ch. 290, §§ 5, 6(a), 55 Stat. 585). Said section has been divided. Provisions relating to operation under the Navy in time of war are placed in sections 3 and 4 of this title, and the remainder is in this section. This section continues the Coast Guard as a military service and branch of the armed forces of the United States at all times. By the act of July 11, 1941, 55 Stat. 585 (title 14, U.S.C., 1946 ed., § 1), the Coast Guard was constituted a branch of the land and naval forces of the United States at all times. This section therefore merely continues an existing agency and codifies existing law on the military status of the Coast Guard, substituting “armed forces” for “land and naval forces” because of the recent establishment of the Department of the Air Force as an “armed force” rather than as a part of the “land and naval forces”. The Coast Guard is designated a service in the Treasury Department except when operating as a service in the Navy. This is a better definition of the status of the Coast Guard than one which defines it as a service under the Treasury Department in time of peace, because the President is authorized to place the Coast Guard under the Navy in time of emergency, which could be in time of peace. Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Prior ProvisionsA prior section 101 was renumbered section 562 of this title. For redesignation of prior sections 1 to 100 not listed below as having been previously repealed or omitted, see Table Showing Redesignations Made by Title I of Pub. L. 115282 preceding this section. A prior section 5, act Aug. 4, 1949, ch. 393, 63 Stat. 497, which defined the term “Secretary” for purposes of this title, was omitted in the general amendment of this chapter by Pub. L. 112213, title II, § 217(1), Dec. 20, 2012, 126 Stat. 1555. See section 105 of this title. A prior section 43, act Aug. 4, 1949, ch. 393, 63 Stat. 498, provided for relative rank of commissioned officers with respect to Army and Navy officers, prior to repeal by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641. See section 741 of Title 10, Armed Forces. A prior section 45, act Aug. 4, 1949, ch. 393, 63 Stat. 498, related to permanent grade of Commandant on expiration of term, prior to repeal by Pub. L. 86474, § 1(4), May 14, 1960, 74 Stat. 144. Prior sections 48 and 49 were repealed by Pub. L. 86474, § 1(7), May 14, 1960, 74 Stat. 145. Section 48, act Aug. 4, 1949, ch. 393, 63 Stat. 499, related to permanent grade of that Assistant Commandant and Engineer in Chief on expiration of term. Section 49, act Aug. 4, 1949, ch. 393, 63 Stat. 499, related to grade and retired pay upon retirement of Assistant Commandant or Engineer in Chief. A prior section 50a, added Pub. L. 103206, title II, § 205(b)(1), Dec. 20, 1993, 107 Stat. 2422, related to appointment and grade of Chief of Staff of the Coast Guard, prior to repeal by Pub. L. 111281, title V, § 511(b), Oct. 15, 2010, 124 Stat. 2952. A prior section 55, added Pub. L. 111281, title II, § 214(a), Oct. 15, 2010, 124 Stat. 2915, related to appointment and functions of District Ombudsman, prior to repeal by Pub. L. 112213, title II, § 216(a), Dec. 20, 2012, 126 Stat. 1555. A prior section 82, act Aug. 4, 1949, ch. 393, 63 Stat. 500; Sept. 3, 1954, ch. 1263, § 31, 68 Stat. 1237; Pub. L. 85726, title XIV, § 1404, Aug. 23, 1958, 72 Stat. 808; Pub. L. 89662, § 2, Oct. 14, 1966, 80 Stat. 912; Pub. L. 94546, § 1(4), (5), Oct. 18, 1976, 90 Stat. 2519; Pub. L. 97295, § 2(3), Oct. 12, 1982, 96 Stat. 1301; Pub. L. 99640, § 10(a)(3), Nov. 10, 1986, 100 Stat. 3549; Pub. L. 103272, § 5(d), July 5, 1994, 108 Stat. 1373; Pub. L. 104201, div. A, title XI, § 1122(c), Sept. 23, 1996, 110 Stat. 2687, related to cooperation with Administrator of the Federal Aviation Administration with respect to aids to air navigation, prior to repeal by Pub. L. 112213, title II, § 216(b), Dec. 20, 2012, 126 Stat. 1555. A prior section 87, act Aug. 4, 1949, ch. 393, § 1, 63 Stat. 501, related to color and numbering of buoys along coast, or in bays, harbors, sounds, or channels, as indicating whether such buoys were to be passed on the starboard or port hand and prescribed the coloring for buoys in channel ways, prior to repeal by Pub. L. 94546, § 1(6), (7), Oct. 18, 1976, 90 Stat. 2519. A prior section 90, act Aug. 4, 1949, ch. 393, 63 Stat. 502; Pub. L. 85726, title XIV, § 1404, Aug. 23, 1958, 72 Stat. 808; Pub. L. 94546, § 1(8), Oct. 18, 1976, 90 Stat. 2519, authorized the Coast Guard to operate and maintain floating ocean stations, prior to repeal by Pub. L. 112213, title II, § 216(c), Dec. 20, 2012, 126 Stat. 1555.
Amendments2018—Pub. L. 115282 renumbered section 1 of this title as this section. 2012—Pub. L. 112213 amended section generally. Prior to amendment, text read as follows: “The Coast Guard as established January 28, 1915, shall be a military service and a branch of the armed forces of the United States at all times. The Coast Guard shall be a service in the Department of Homeland Security, except when operating as a service in the Navy.” 2002—Pub. L. 107296 substituted “Department of Homeland Security” for “Department of Transportation”. 1976—Pub. L. 94546 substituted “Department of Transportation” for “Treasury Department”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107296, set out as a note under section 101 of Title 10, Armed Forces.
Short Title of 2021 AmendmentPub. L. 116283, div. G, title LVXXXII [LXXXII], § 8271, Jan. 1, 2021, 134 Stat. 4681, provided that: “This subtitle [subtitle E (§§ 82718278) of title LVXXXII [LXXXII] of div. G of Pub. L. 116283, enacting sections 1905, 2131, and 5111 of this title and section 417 of Title 6, Domestic Security, amending section 1903 of this title, and enacting provisions set out as a note under section 1901 of this title] may be cited as the Coast Guard Academy Improvement Act.”
Short Title of 2018 AmendmentPub. L. 115265, title III, § 301, Oct. 11, 2018, 132 Stat. 3752, provided that: “This title [enacting provisions set out as a note under section 313 of this title] may be cited as the Coast Guard Blue Technology Center of Expertise Act.”
Short Title of 2014 AmendmentPub. L. 113281, § 1, Dec. 18, 2014, 128 Stat. 3022, provided that: “This Act [see Tables for classification] may be cited as the Howard Coble Coast Guard and Maritime Transportation Act of 2014.”
Short Title of 2012 AmendmentPub. L. 112213, § 1(a), Dec. 20, 2012, 126 Stat. 1540, provided that: “This Act [see Tables for classification] may be cited as the Coast Guard and Maritime Transportation Act of 2012.”
Short Title of 2010 AmendmentPub. L. 111281, title V, § 501, Oct. 15, 2010, 124 Stat. 2951, provided that: “This title [enacting sections 57 to 59, 102, and 200 of this title and section 2116 of Title 46, Shipping, amending sections 47, 50, 51, 52, 93, and 290 of this title and section 3309 of Title 46, repealing section 50a of this title, and enacting provisions set out as a note under section 50 of this title] may be cited as the Coast Guard Modernization Act of 2010.”
Short Title of 2006 AmendmentPub. L. 109241, § 1, July 11, 2006, 120 Stat. 516, provided that: “This Act [see Tables for classification] may be cited as the Coast Guard and Maritime Transportation Act of 2006.”
Short Title of 2004 AmendmentPub. L. 108293, § 1, Aug. 9, 2004, 118 Stat. 1028, provided that: “This Act [see Tables for classification] may be referred to as the Coast Guard and Maritime Transportation Act of 2004.”
Short Title of 2002 AmendmentPub. L. 107295, title III, § 301, Nov. 25, 2002, 116 Stat. 2102, provided that: “This title [amending sections 259, 260, 271, 336, and 511 of this title, sections 1203, 1231a, 2073, 2302, and 2752 of Title 33, Navigation and Navigable Waters, and sections 2110, 2302, 4508, 7302, 8701, and 13110 of Title 46, Shipping, and enacting provisions set out as notes under sections 88 and 92 of this title and section 1113 of Title 33] may be cited as the Coast Guard Personnel and Maritime Safety Act of 2002.” Pub. L. 107295, title IV, § 401, Nov. 25, 2002, 116 Stat. 2113, provided that: “This title [see Tables for classification] may be cited as the Omnibus Maritime and Coast Guard Improvements Act of 2002.”
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Coast Guard transferred to Department of Transportation and all functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other offices and officers of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 931. Section 6(b)(2) of Pub. L. 89670, however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in section 3 of this title. See section 108 of Title 49, Transportation.
DirectionsPub. L. 11960, div. G, § 7002(b), Dec. 18, 2025, 139 Stat. 1661, provided that: “In this division [div. G (§§ 70017701) of Pub. L. 11960, see Tables for classification], when Secretary [sic] or the Commandant are [sic] directed to provide or develop— “(1) a briefing, such briefing shall be accompanied by a narrative description, and at the option of any committee designated as a recipient, be delivered in person; “(2) a policy, such policy shall be detailed, in writing, and publicly available, but may contain a classified annex; “(3) a plan, such plan shall be detailed, and in writing; “(4) a report, such report shall be detailed and in writing; and “(5) a strategy, such strategy shall be detailed and in writing.” [For definitions of “Commandant” and “Secretary” as used in section 7002(b) of Pub. L. 11960, set out above, see section 7002(a) of Pub. L. 11960, set out as a note under section 106 of this title.]
Designation of Coast Guard Headquarters BuildingPub. L. 11331, Aug. 9, 2013, 127 Stat. 511, provided that: “SECTION 1. DESIGNATION.“The headquarters building of the Coast Guard on the campus located at 2701 Martin Luther King, Jr., Avenue Southeast in the District of Columbia shall be known and designated as the Douglas A. Munro Coast Guard Headquarters Building. “SEC. 2. REFERENCES.“Any reference in a law, map, regulation, document, paper, or other record of the United States to the building referred to in section 1 shall be deemed to be a reference to the Douglas A. Munro Coast Guard Headquarters Building.”
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# 14 U.S.C. § 102 - Primary duties
## Text
(a) Definitions.— In this section:
(1) Non-homeland security missions.— The term “non-homeland security missions” means the following missions of the Coast Guard:
(A) Marine safety.
(B) Search and rescue.
(C) Aids to navigation.
(D) Living marine resources (fisheries law enforcement).
(E) Marine environmental protection.
(F) Ice operations.
(2) Homeland security missions.— The term “homeland security missions” means the following missions of the Coast Guard:
(A) Ports, waterways and coastal security.
(B) Drug interdiction.
(C) Migrant interdiction.
(D) Defense readiness.
(E) Other law enforcement.
(b) Primary Duties.— The Coast Guard shall—
(1) enforce or assist in the enforcement of all applicable Federal laws on, under, and over the high seas and waters subject to the jurisdiction of the United States;
(2) engage in maritime air surveillance or interdiction to enforce or assist in the enforcement of the laws of the United States;
(3) 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;
(4) develop, establish, maintain, and operate, with due regard to the requirements of national defense, aids to maritime navigation, icebreaking 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;
(5) 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;
(6) engage in oceanographic research of the high seas and in waters subject to the jurisdiction of the United States; and
(7) maintain a state of readiness to assist in the defense of the United States, including when functioning as a specialized service in the Navy pursuant to section 103.
(Aug. 4, 1949, ch. 393, 63 Stat. 496, § 2; Pub. L. 87396, § 1, Oct. 5, 1961, 75 Stat. 827; Pub. L. 91278, § 1(1), June 12, 1970, 84 Stat. 304; Pub. L. 93519, Dec. 13, 1974, 88 Stat. 1659; Pub. L. 99640, § 6, Nov. 10, 1986, 100 Stat. 3547; Pub. L. 100448, § 17, Sept. 28, 1988, 102 Stat. 1845; Pub. L. 100690, title VII, § 7403, Nov. 18, 1988, 102 Stat. 4484; Pub. L. 112213, title II, § 217(1), Dec. 20, 2012, 126 Stat. 1556; renumbered § 102 and amended Pub. L. 115282, title I, § 103(b), title III, § 302, Dec. 4, 2018, 132 Stat. 4195, 4243; Pub. L. 11960, div. G, title LXXII, § 7201(j), Dec. 18, 2025, 139 Stat. 1686.)
## Notes
Historical and Revision NotesThis section defines in general terms, for the first time in any statute, all the primary duties of the Coast Guard. It is derived from title 14, U.S.C., 1946 ed., §§ 45, 50k50o, 51, 52, 53, 55, 60, 61, 62, 63, 98a, 104, 261, 301, title 33, U.S.C., 1946 ed., §§ 720, 720a, 740, 740a, 740b, title 46, U.S.C., 1946 ed., §§ 1 (footnote), 2 (R.S. 1536, 2747, 2758, 2759, 4249; June 23, 1874, ch. 455, § 1, 18 Stat. 220; June 18, 1878, ch. 265, § 4, 20 Stat. 163; July 5, 1884, ch. 221, § 2, 23 Stat. 118; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Apr. 19, 1906, ch. 1640, §§ 13, 34 Stat. 123; May 12, 1906, ch. 2454, 34 Stat. 190; June 17, 1910, ch. 301, §§ 6, 7, 36 Stat. 538; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; June 24, 1914, ch. 124, 38 Stat. 387; Mar. 3, 1915, ch. 81, § 5, 38 Stat. 927; Aug. 29, 1916, ch. 417, 39 Stat. 1820; May 22, 1926, ch. 371, § 6, 44 Stat. 626; June 30, 1932, ch. 314, § 501, 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; Aug. 16, 1937, ch. 665, § 3, 50 Stat. 667; Feb. 19, 1941, ch. 8, §§ 2, 201, 55 Stat. 9, 11; July 11, 1941, ch. 290, § 7, 55 Stat. 585; Nov. 23, 1942, ch. 639, § 2(2), 56 Stat. 102; Sept. 30, 1944, ch. 453, § 1, 58 Stat. 759; June 22, 1948, ch. 600, 62 Stat. 574; June 26, 1948, ch. 672, 62 Stat. 1050). This section contains a codification of functions. It sets forth in general language the primary responsibilities of the Coast Guard: enforcement of all Federal laws on waters to which they have application, safety of life and property at sea, aiding navigation, and readiness to function with the Navy. Having been created in 1915 by the consolidation of the Revenue Cutter Service and the Life Saving Service, the Coast Guard has gradually been given additional duties and responsibilities, such as the assignment of law enforcement powers on the high seas and navigable waters in 1936, the transfer of the Lighthouse Service in 1939, and the transfer of the Bureau of Marine Inspection and Navigation in 1942. Existing along with these other duties has been that of maintaining a state of readiness as a specialized service prepared for active participation with the Navy in time of war. These various interdependent functions of the Service have not been expressed collectively in any statute heretofore, but it is believed desirable to do so in this revision in order to have outlined in general terms in one section the broad scope of the functions of the Coast Guard. 81st Congress, House Report No. 557.
Editorial Notes
Codification The text of section 468(a) of Title 6, Domestic Security, which was transferred to subsec. (a) of this section by Pub. L. 11960, § 7201(j)(2), is based on Pub. L. 107296, title VIII, § 888(a), Nov. 25, 2002, 116 Stat. 2249.
Prior ProvisionsA prior section 102 was renumbered section 717 of this title.
Amendments2025—Pub. L. 11960 designated existing provisions as subsec. (b), inserted heading, and transferred section 888(a) of Pub. L. 107296 to this section to appear before subsec. (b). See Codification note above. 2018—Pub. L. 115282, § 103(b), renumbered section 2 of this title as this section. Par. (7). Pub. L. 115282, § 302, amended par. (7) generally. Prior to amendment, par. (7) read as follows: “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.” 2012—Pub. L. 112213 amended section generally. Prior to amendment, section related to primary duties of the Coast Guard. 1988—Pub. L. 100690 substituted “United States; shall engage in maritime air surveillance or interdiction to enforce or assist in the enforcement of the laws of the United States; shall administer” for first reference to “United States;”. Pub. L. 100448 substituted “Federal laws on, under, and over” for “Federal laws on and under”. 1986—Pub. L. 99640 inserted “, including the fulfillment of Maritime Defense Zone command responsibilities.” 1974—Pub. L. 93519 inserted provision requiring Coast Guard to develop, establish, maintain and operate, pursuant to international agreements, icebreaking facilities in waters other than those subject to the jurisdiction of the United States. 1970—Pub. L. 91278 improved and clarified text, substituting “on and under” for “upon” in clause preceding first semicolon; inserting “and under” after “life and property on” and striking out “on” after “the high seas and” in clause preceding second semicolon; and substituting “icebreaking” for “ice-breaking” and inserting “, under,” after “promotion of safety on” in clause preceding third semicolon, respectively. 1961—Pub. L. 87396 required Coast Guard to engage in oceanographic research on high seas and in waters subject to jurisdiction of the United States.
Statutory Notes and Related Subsidiaries
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
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# 14 U.S.C. § 103 - Department in which the Coast Guard operates
## Text
(a) In General.— The Coast Guard shall be a service in the Department of Homeland Security, except when operating as a service in the Navy.
(b) Transfers.— Upon the declaration of war if Congress so directs in the declaration or when the President directs, the Coast Guard shall operate as a service in the Navy, and shall so continue until the President, by Executive order, transfers the Coast Guard back to the Department of Homeland Security. While operating as a service in the Navy, the Coast Guard shall be subject to the orders of the Secretary of the Navy, who may order changes in Coast Guard operations to render them uniform, to the extent such Secretary deems advisable, with Navy operations.
(c) Operation as a Service in the Navy.— Whenever the Coast Guard operates as a service in the Navy—
(1) applicable appropriations of the Navy Department shall be available for the expense of the Coast Guard;
(2) applicable appropriations of the Coast Guard shall be available for transfer to the Navy Department;
(3) precedence between commissioned officers of corresponding grades in the Coast Guard and the Navy shall be determined by the date of rank stated by their commissions in those grades;
(4) personnel of the Coast Guard shall be eligible to receive gratuities, medals, and other insignia of honor on the same basis as personnel in the naval service or serving in any capacity with the Navy; and
(5) the Secretary may place on furlough any officer of the Coast Guard and officers on furlough shall receive one half of the pay to which they would be entitled if on leave of absence, but officers of the Coast Guard Reserve shall not be so placed on furlough.
(Aug. 4, 1949, ch. 393, 63 Stat. 496, § 3; Pub. L. 94546, § 1(2), Oct. 18, 1976, 90 Stat. 2519; Pub. L. 107296, title XVII, § 1704(a), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 109241, title II, § 211, July 11, 2006, 120 Stat. 523; Pub. L. 112213, title II, § 217(1), Dec. 20, 2012, 126 Stat. 1556; renumbered § 103, Pub. L. 115282, title I, § 103(b), Dec. 4, 2018, 132 Stat. 4195.)
## Notes
Historical and Revision NotesBased on title 14, U.S.C., 1946 ed., § 1 (Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; July 11, 1941, ch. 290, §§ 5, 6(a), 55 Stat. 585). Said section has been divided. The provisions relating to when the Coast Guard operates as a service in the Navy are in this section. The provisions relating to the establishment of the Coast Guard are placed in section 1 of this title. The provisions relating to appropriations are placed in section 4 of this title. Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Prior ProvisionsA prior section 103 was renumbered section 563 of this title.
Amendments2018—Pub. L. 115282 renumbered section 3 of this title as this section. 2012—Pub. L. 112213 amended section generally. Prior to amendment, text read as follows: “Upon the declaration of war if Congress so directs in the declaration or when the President directs, the Coast Guard shall operate as a service in the Navy, and shall so continue until the President, by Executive order, transfers the Coast Guard back to the Department of Homeland Security. While operating as a service in the Navy, the Coast Guard shall be subject to the orders of the Secretary of the Navy who may order changes in Coast Guard operations to render them uniform, to the extent he deems advisable, with Navy operations.” 2006—Pub. L. 109241 inserted “if Congress so directs in the declaration” after “Upon the declaration of war”. 2002—Pub. L. 107296 substituted “Department of Homeland Security” for “Department of Transportation”. 1976—Pub. L. 94546 substituted “Executive” for “executive” and “Department of Transportation” for “Treasury Department”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107296, set out as a note under section 101 of Title 10, Armed Forces.
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# 14 U.S.C. § 104 - Removing restrictions
## Text
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.
(Aug. 4, 1949, ch. 393, 63 Stat. 550, § 652; renumbered § 104, Pub. L. 115282, title I, § 103(b), Dec. 4, 2018, 132 Stat. 4195.)
## Notes
Historical and Revision NotesThis 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.
Editorial Notes
Prior ProvisionsA prior section 104 was renumbered section 528 of this title.
Amendments2018—Pub. L. 115282 renumbered section 652 of this title as this section.
@@ -0,0 +1,47 @@
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# 14 U.S.C. § 105 - Secretary defined
## Text
In this title, the term “Secretary” means the Secretary of the respective department in which the Coast Guard is operating.
(Aug. 4, 1949, ch. 393, 63 Stat. 497, § 4; May 5, 1950, ch. 169, § 14(u), 64 Stat. 148; Pub. L. 89444, § 1(1), June 9, 1966, 80 Stat. 195; Pub. L. 112213, title II, § 217(1), Dec. 20, 2012, 126 Stat. 1557; renumbered § 105, Pub. L. 115282, title I, § 103(b), Dec. 4, 2018, 132 Stat. 4195.)
## Notes
Historical and Revision NotesSubsections (a) and (b) are based on title 14, U.S.C., 1946 ed., § 1 (Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; July 11, 1941, ch. 290, §§ 5, 6(a), 55 Stat. 585). Said section has been divided. The provisions relating to appropriations are in this section. The provisions relating to establishment of the Coast Guard are placed in section 1 of this title. The provisions relating to when the Coast Guard operates as a service in the Navy are placed in section 3 of this title. The substantive changes relating to the availability of appropriations when the Coast Guard is transferred to the Navy were suggested by the Bureau of the Budget (July 11, 1941, ch. 290, § 6 (a), 55 Stat. 585). Subsection (c) is based on title 14, U.S.C., 1946 ed., § 7 (Aug. 29, 1916, ch. 417, 39 Stat. 600). Subsection (d) is derived from title 34, U.S.C., 1946 ed., §§ 355 to 356b (Feb. 4, 1919, ch. 14, §§ 25, 40 Stat. 1056; Aug. 7, 1942, ch. 551, § 1, 56 Stat. 743). Said sections authorized medals for presentation “… to any person who, while serving in any capacity with the Navy of the United States . . .”; inasmuch as this language includes the Coast Guard when it is operating under the Navy, this subsection entails no change in existing law. Subsection (e) is based on title 34, U.S.C., 1946 ed., § 228 (R.S. 1442; Feb. 28, 1942, ch. 11, 59 Stat. 9). Inasmuch as R.S. 1442 cited above applies to the Navy and Marine Corps as well as the Coast Guard it is not scheduled for repeal but is being amended by section 6 of this act to eliminate reference to the Coast Guard. Subsection (f) is based on title 14, U.S.C., 1946 ed., § 3 (Aug. 29, 1916, ch. 417, 39 Stat. 600). Said section has been divided. The provisions concerning applicability of Navy laws to Coast Guard personnel are placed in this section. The provisions of the provisos of title 14, U.S.C., 1946 ed., § 3 are placed in section 571 of this title. Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 4 of this title as this section. 2012—Pub. L. 112213 amended section generally. Prior to amendment, section related to operation of Coast Guard as a service in the Navy. 1966—Pub. L. 89444 made technical changes in subsecs. (d) and (e) by inserting “and” at end of subsec. (d) and substituting a period for “; and” at end of subsec. (e). 1950—Act May 5, 1950, repealed subsec. (f) which provided that personnel of the Coast Guard should be subject to the laws for the government of the Navy.
Statutory Notes and Related Subsidiaries
Effective Date of 1950 AmendmentAct May 5, 1950, ch. 169, § 5, 64 Stat. 145, provided that the amendment made by that section is effective May 31, 1951.
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# 14 U.S.C. § 107 - Automatic execution of conforming changes
## Text
(a) In General.— When an amendment to a covered Coast Guard law adds a section or larger organizational unit to the covered Coast Guard law, repeals or transfers a section or larger organizational unit in the covered Coast Guard law, or amends the designation or heading of a section or larger organizational unit in the covered Coast Guard law, that amendment also shall have the effect of amending any analysis, table of contents, or similar tabular entries in the covered Coast Guard law to alter the table to conform to the changes made by the amendment.
(b) Exceptions.— Subsection (a) shall not apply to an amendment described in such subsection when—
(1) the amendment or a clerical amendment enacted at the same time expressly amends a table of sections, table of contents, or similar tabular entries in the covered maritime law to alter the table to conform to the changes made by the amendment; or
(2) the amendment otherwise expressly exempts itself from the operation of this section.
(c) Covered Coast Guard Law Defined.— In this section, the term “covered Coast Guard law” means—
(1) this title;
(2) any Coast Guard authorization Act that authorizes funds to be appropriated for a fiscal year to the Coast Guard; and
(3) any other law designated in the text thereof as a covered Coast Guard law for purposes of application of this section.
(Added Pub. L. 11960, div. G, § 7103(a), Dec. 18, 2025, 139 Stat. 1662.)
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# 14 U.S.C. § 1101 - Acquisition directorate
## Text
(a) Establishment.— The Commandant shall establish an acquisition directorate to provide guidance and oversight for the implementation and management of all Coast Guard acquisition processes, programs, and projects.
(b) Mission.— The mission of the acquisition directorate is—
(1) to acquire and deliver assets and systems that increase operational readiness, enhance mission performance, and create a safe working environment;
(2) to assist in the development of a workforce that is trained and qualified to further the Coast Guards missions and deliver the best-value products and services to the Nation; and
(3) to meet the needs of customers of major acquisition programs in the most cost-effective manner practicable.
(Added Pub. L. 111281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2931, § 561; amended Pub. L. 114328, div. A, title VIII, § 899(b)(1)(A), Dec. 23, 2016, 130 Stat. 2333; Pub. L. 115232, div. C, title XXXV, § 3531(c)(6), Aug. 13, 2018, 132 Stat. 2320; renumbered § 1101, Pub. L. 115282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 561 of this title as this section. Subsec. (a). Pub. L. 115232 substituted “Commandant” for “Commandant of the Coast Guard”. 2016—Subsec. (b)(3). Pub. L. 114328 added par. (3).
Statutory Notes and Related Subsidiaries
Review RequiredPub. L. 114328, div. A, title VIII, § 899(c), Dec. 23, 2016, 130 Stat. 2335, provided that: “(1) Requirement.—The Commandant of the Coast Guard shall conduct a review of—“(A) the authorities provided to the Commandant in [former] chapter 15 of title 14, United States Code [see, now, chapter 11, 14 U.S.C. 1101 et seq.], and other relevant statutes and regulations related to Coast Guard acquisitions, including developing recommendations to ensure that the Commandant plays an appropriate role in the development of requirements, acquisition processes, and the associated budget practices; “(B) implementation of the strategy prepared in accordance with section 562(b)(2) [now 1102(b)(2)] of title 14, United States Code, as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2017 [Pub. L. 114328, see Tables for classification]; and “(C) acquisition policies, directives, and regulations of the Coast Guard to ensure such policies, directives, and regulations establish a customer-oriented acquisition system. “(2) Report.—Not later than March 1, 2017, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing, at a minimum, the following:“(A) The recommendations developed by the Commandant under paragraph (1) and other results of the review conducted under such paragraph. “(B) The actions the Commandant is taking, if any, within the Commandants existing authority to implement such recommendations. “(3) Modification of policies, directives, and regulations.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2016], the Commandant of the Coast Guard shall modify the acquisition policies, directives, and regulations of the Coast Guard as necessary to ensure the development and implementation of a customer-oriented acquisition system, pursuant to the review under paragraph (1)(C).”
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# 14 U.S.C. § 1102 - Improvements in Coast Guard acquisition management
## Text
(a) Project or Program Managers.— (1) Level 1 projects.— An individual may not be assigned as the project or program manager for a Level 1 acquisition unless the individual holds a Level III acquisition certification as a program manager.
(2) Level 2 projects.— An individual may not be assigned as the project or program manager for a Level 2 acquisition unless the individual holds a Level II acquisition certification as a program manager.
(b) Acquisition Workforce.— (1) In general.— The Commandant shall designate a sufficient number of positions to be in the Coast Guards acquisition workforce to perform acquisition-related functions at Coast Guard headquarters and field activities.
(2) Required positions.— In designating positions under subsection (a), the Commandant shall include, at a minimum, positions encompassing the following competencies and functions:
(A) Program management.
(B) Systems planning, research, development, engineering, and testing.
(C) Procurement, including contracting.
(D) Industrial and contract property management.
(E) Life-cycle logistics.
(F) Quality control and assurance.
(G) Manufacturing and production.
(H) Business, cost estimating, financial management, and auditing.
(I) Acquisition education, training, and career development.
(J) Construction and facilities engineering.
(K) Testing and evaluation.
(3) Acquisition management headquarter activities.— The Commandant shall also designate as positions in the acquisition workforce under paragraph (1) those acquisition-related positions located at Coast Guard headquarters units.
(4) Appropriate expertise required.— The Commandant shall ensure that each individual assigned to a position in the acquisition workforce has the appropriate expertise to carry out the responsibilities of that position.
(c) Management Information System.— (1) In general.— The Commandant shall establish a management information system capability to improve acquisition workforce management and reporting.
(2) Information maintained.— Information maintained with such capability shall include the following standardized information on individuals assigned to positions in the workforce:
(A) Qualifications, assignment history, and tenure of those individuals assigned to positions in the acquisition workforce or holding acquisition-related certifications.
(B) Promotion rates for officers and members of the Coast Guard in the acquisition workforce.
(d) Appointments to Acquisition Positions.— The Commandant shall ensure that no requirement or preference for officers or members of the Coast Guard is used in the consideration of individuals for positions in the acquisition workforce.
(e) Career Paths.— (1) Identification of career paths.— To establish acquisition management as a core competency of the Coast Guard, the Commandant shall—
(A) ensure that career paths for officers, members, and employees of the Coast Guard who wish to pursue careers in acquisition are identified in terms of the education, training, experience, and assignments necessary for career progression of those officers, members, and employees to the most senior positions in the acquisition workforce; and
(B) publish information on such career paths.
(2) Promotion parity.— The Commandant shall ensure that promotion parity is established for officers and members of the Coast Guard who have been assigned to the acquisition workforce relative to officers and members who have not been assigned to the acquisition workforce.
(Added Pub. L. 111281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2931, § 562; amended Pub. L. 111330, § 1(4), Dec. 22, 2010, 124 Stat. 3569; Pub. L. 112213, title II, § 210(c)(2)(A), Dec. 20, 2012, 126 Stat. 1551; Pub. L. 114328, div. A, title VIII, § 899(b)(1)(B), Dec. 23, 2016, 130 Stat. 2333; renumbered § 1102, Pub. L. 115282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208; Pub. L. 116283, div. G, title LVXXXV [LXXXV], § 8505(a)(10), Jan. 1, 2021, 134 Stat. 4748.)
## Notes
Editorial Notes
References in TextThe date of enactment of the Coast Guard Authorization Act of 2010 and the date of enactment of this section, referred to in subsec. (b)(1), (2)(A), is the date of enactment of Pub. L. 111281, which was approved Oct. 15, 2010.
Amendments2021—Subsec. (d). Pub. L. 116283 substituted “individuals” for “persons”. 2018—Pub. L. 115282 renumbered section 562 of this title as this section. 2016—Subsecs. (b) to (g). Pub. L. 114328 redesignated subsecs. (c), (d), (f), and (g) as (b), (c), (d), and (e), respectively, and struck out former subsec. (b) which related to guidance on tenure and accountability of program and project managers. 2012—Subsec. (e). Pub. L. 112213 struck out subsec. (e) which related to annual report on adequacy of acquisition workforce. 2010—Pub. L. 111330 amended Pub. L. 111281, § 402(a), which enacted this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentPub. L. 111330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(4) is effective with the enactment of Pub. L. 111281.
Acquisition Workforce Expedited Hiring AuthorityPub. L. 111281, title IV, § 404, Oct. 15, 2010, 124 Stat. 2950, as amended by Pub. L. 112213, title II, § 218, Dec. 20, 2012, 126 Stat. 1558; Pub. L. 115282, title VIII, § 804, Dec. 4, 2018, 132 Stat. 4300, which authorized the Commandant of the Coast Guard to recruit and appoint persons directly to certain acqusition positions in the Coast Guard, was repealed by Pub. L. 116283, div. G, title LVXXXII [LXXXII], § 8219(c), Jan. 1, 2021, 134 Stat. 4656.
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# 14 U.S.C. § 1103 - Role of Vice Commandant in major acquisition programs
## Text
The Vice Commandant—
(1) shall represent the customer of a major acquisition program with regard to trade-offs made among cost, schedule, technical feasibility, and performance with respect to such program; and
(2) shall advise the Commandant in decisions regarding the balancing of resources against priorities, and associated trade-offs referred to in paragraph (1), on behalf of the customer of a major acquisition program.
(Added Pub. L. 114328, div. A, title VIII, § 899(b)(1)(E), Dec. 23, 2016, 130 Stat. 2334, § 578; renumbered § 1103, Pub. L. 115282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 578 of this title as this section.
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# 14 U.S.C. § 1104 - Recognition of Coast Guard personnel for excellence in acquisition
## Text
(a) In General.— The Commandant shall maintain a program to recognize excellent performance by individuals and teams comprised of officers, members, and employees of the Coast Guard that contributed to the long-term success of a Coast Guard acquisition project or program.
(b) Elements.— The program shall include—
(1) specific award categories, criteria, and eligibility and manners of recognition;
(2) procedures for the nomination by personnel of the Coast Guard of individuals and teams comprised of officers, members, and employees of the Coast Guard for recognition under the program; and
(3) procedures for the evaluation of nominations for recognition under the program by one or more panels of individuals from the Government, academia, and the private sector who have such expertise and are appointed in such manner as the Commandant shall establish for the purposes of this program.
(c) Award of Cash Bonuses.— As part of the program required by subsection (a), the Commandant, subject to the availability of appropriations, may award to any civilian employee recognized pursuant to the program a cash bonus to the extent that the performance of such individual so recognized warrants the award of such bonus.
(Added Pub. L. 111281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2934, § 563; amended Pub. L. 111330, § 1(4), Dec. 22, 2010, 124 Stat. 3569; Pub. L. 114328, div. A, title VIII, § 899(b)(1)(C), Dec. 23, 2016, 130 Stat. 2333; renumbered § 1104, Pub. L. 115282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 563 of this title as this section. 2016—Subsec. (a). Pub. L. 114328 substituted “The Commandant shall maintain” for “Not later than 180 days after the date of enactment of the Coast Guard Authorization Act of 2010, the Commandant shall commence implementation of”. 2010—Pub. L. 111330 amended Pub. L. 111281, § 402(a), which enacted this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentPub. L. 111330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(4) is effective with the enactment of Pub. L. 111281.
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# 14 U.S.C. § 1105 - Prohibition on use of lead systems integrators
## Text
(a) In General.— (1) Use of lead systems integrator.— The Commandant may not use a private sector entity as a lead systems integrator.
(2) Full and open competition.— The Commandant shall use full and open competition for any acquisition contract unless otherwise excepted in accordance with Federal acquisition laws and regulations promulgated under those laws, including the Federal Acquisition Regulation.
(3) No effect on small business act.— Nothing in this subsection shall be construed to supersede or otherwise affect the authorities provided by and under the Small Business Act (15 U.S.C. 631 et seq.).
(b) Limitation on Financial Interest in Subcontractors.— Neither an entity performing lead systems integrator functions for a Coast Guard acquisition nor a Tier 1 subcontractor for any acquisition may have a financial interest in a subcontractor below the Tier 1 subcontractor level unless—
(1) the subcontractor was selected by the prime contractor through full and open competition for such procurement;
(2) the procurement was awarded by an entity performing lead systems integrator functions or a subcontractor through full and open competition;
(3) the procurement was awarded by a subcontractor through a process over which the entity performing lead systems integrator functions or a Tier 1 subcontractor exercised no control; or
(4) the Commandant has determined that the procurement was awarded in a manner consistent with Federal acquisition laws and regulations promulgated under those laws, including the Federal Acquisition Regulation.
(c) Lead Systems Integrator Defined.— In this section, the term “lead systems integrator” has the meaning given such term in section 805(c) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109163).
(Added Pub. L. 111281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2935, § 564; amended Pub. L. 111330, § 1(4), Dec. 22, 2010, 124 Stat. 3569; Pub. L. 112213, title II, § 217(7), Dec. 20, 2012, 126 Stat. 1557; Pub. L. 114328, div. A, title VIII, § 899(b)(1)(D), Dec. 23, 2016, 130 Stat. 2333; renumbered § 1105 and amended Pub. L. 115282, title I, § 108(b), title III, § 304(d), Dec. 4, 2018, 132 Stat. 4208, 4245; Pub. L. 11960, div. G, title LXXII, § 7211, Dec. 18, 2025, 139 Stat. 1693.)
## Notes
Editorial Notes
References in TextThe Small Business Act, referred to in subsec. (a)(3), is Pub. L. 85536, § 2(1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to chapter 14A (§ 631 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 631 of Title 15 and Tables. Section 805(c) of the National Defense Authorization Act for Fiscal Year 2006, referred to in subsec. (c), is section 805(c) of Pub. L. 109163, div. A, title VIII, Jan. 6, 2006, 119 Stat. 3372, which is not classified to the Code.
Amendments2025—Subsec. (c). Pub. L. 11960 added subsec. (c). 2018—Pub. L. 115282, § 108(b), renumbered section 564 of this title as this section. Subsec. (c). Pub. L. 115282, § 304(d), struck out subsec. (c) which related to acquisition of unmanned aerial systems. 2016—Subsec. (c). Pub. L. 114328 added subsec. (c). 2012—Pub. L. 112213 amended section generally. Prior to amendment, section related to prohibition on use of lead systems integrators and provided for certain exceptions to such prohibition. 2010—Pub. L. 111330 amended Pub. L. 111281, § 402(a), which enacted this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentPub. L. 111330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(4) is effective with the enactment of Pub. L. 111281.
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# 14 U.S.C. § 1106 - Required contract terms
## Text
(a) In General.— The Commandant shall ensure that a contract awarded or a delivery order or task order issued for an acquisition of a capability or an asset with an expected service life of 10 or more years and with a total acquisition cost that is equal to or exceeds $10,000,000—
(1) provides that all certifications for an end-state capability or asset under such contract, delivery order, or task order, respectively, will be conducted by the Commandant or an independent third party, and that self-certification by a contractor or subcontractor is not allowed;
(2) provides that the Commandant shall maintain the authority to establish, approve, and maintain technical requirements;
(3) requires that any measurement of contractor and subcontractor performance be based on the status of all work performed, including the extent to which the work performed met all performance, cost, and schedule requirements;
(4) specifies that, for the acquisition or upgrade of air, surface, or shore capabilities and assets for which compliance with TEMPEST certification is a requirement, the standard for determining such compliance will be the air, surface, or shore standard then used by the Department of the Navy for that type of capability or asset; and
(5) for any contract awarded to acquire an Offshore Patrol Cutter, includes provisions specifying the service life, fatigue life, and days underway in general Atlantic and North Pacific Sea conditions, maximum range, and maximum speed the cutter will be built to achieve.
(b) Prohibited Provisions.— (1) In general.— The Commandant shall ensure that any contract awarded or delivery order or task order issued by the Coast Guard does not include any provision allowing for equitable adjustment that is not consistent with the Federal Acquisition Regulations.
(2) Extension of program.— A contract, contract modification, or award term extending a contract with a lead systems integrator—
(A) may not include any minimum requirements for the purchase of a given or determinable number of specific capabilities or assets; and
(B) shall be reviewed by an independent third party with expertise in acquisition management, and the results of that review shall be submitted to the appropriate congressional committees at least 60 days prior to the award of the contract, contract modification, or award term.
(c) Integrated Product Teams.— Integrated product teams, and all teams that oversee integrated product teams, shall be chaired by officers, members, or employees of the Coast Guard.
(d) Technical Authority.— The Commandant shall maintain or designate the technical authority to establish, approve, and maintain technical requirements. Any such designation shall be made in writing and may not be delegated to the authority of the Chief Acquisition Officer established by section 308 of this title.
(Added Pub. L. 111281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2936, § 565; amended Pub. L. 111330, § 1(4), Dec. 22, 2010, 124 Stat. 3569; Pub. L. 115232, div. C, title XXXV, § 3533(f), Aug. 13, 2018, 132 Stat. 2321; renumbered § 1106 and amended Pub. L. 115282, title I, §§ 108(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4208, 4240.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282, § 108(b), renumbered section 565 of this title as this section. Subsec. (a). Pub. L. 115232, § 3533(f)(1), struck out “awarded or issued by the Coast Guard after the date of enactment of the Coast Guard Authorization Act of 2010” after “$10,000,000” in introductory provisions. Subsec. (b)(1). Pub. L. 115232, § 3533(f)(2), struck out “after the date of enactment of the Coast Guard Authorization Act of 2010” after “Coast Guard”. Subsec. (d). Pub. L. 115282, § 123(b)(2), substituted “section 308” for “section 56”. 2010—Pub. L. 111330 amended Pub. L. 111281, § 402(a), which enacted this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentPub. L. 111330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(4) is effective with the enactment of Pub. L. 111281.
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# 14 U.S.C. § 1107 - Extension of major acquisition program contracts
## Text
(a) In General.— Notwithstanding section 1105(a)(2) of this title and section 2304 11 See References in Text note below. of title 10, and subject to subsections (b) and (c) of this section, the Secretary may acquire additional units procured under a Coast Guard major acquisition program contract, by extension of such contract without competition, if the Director of the Cost Analysis Division of the Department of Homeland Security determines that the costs that would be saved through award of a new contract in accordance with such sections would not exceed the costs of such an award.
(b) Limitation on Number of Additional Units.— The number of additional units acquired under a contract extension under this section may not exceed the number of additional units for which such determination is made.
(c) Determination of Costs Upon Request.— The Director of the Cost Analysis Division of the Department of Homeland Security shall, at the request of the Secretary, determine for purposes of this section—
(1) the costs that would be saved through award of a new major acquisition program contract in accordance with section 1105(a)(2) for the acquisition of a number of additional units specified by the Secretary; and
(2) the costs of such award, including the costs that would be incurred due to acquisition schedule delays and asset design changes associated with such award.
(d) Number of Extensions.— A contract may be extended under this section more than once.
(Added Pub. L. 114328, div. A, title VIII, § 899(b)(1)(E), Dec. 23, 2016, 130 Stat. 2334, § 579; renumbered § 1107 and amended Pub. L. 115282, title I, §§ 108(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4208, 4240.)
## Notes
Editorial Notes
References in TextSection 2304 of this title, referred to in subsec. (a), was repealed by Pub. L. 116283, div. A, title XVIII, §§ 1801(d), 1881(a), Jan. 1, 2021, 134 Stat. 4151, 4293, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law. Subsecs. (a) to (l) of section 2304 were transferred to various provisions in chapter 221 of this title, with the same effective date and conditions, by Pub. L. 116283, div. A, title XVIII, § 1811(c)(2)(5), (d)(2)(9), Jan. 1, 2021, 134 Stat. 41654170.
Amendments2018—Pub. L. 115282, § 108(b), renumbered section 579 of this title as this section. Subsecs. (a), (c)(1). Pub. L. 115282, § 123(b)(2), substituted “section 1105(a)(2)” for “section 564(a)(2)”.
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# 14 U.S.C. § 1108 - Department of Defense consultation
## Text
(a) In General.— The Commandant shall make arrangements as appropriate with the Secretary of Defense for support in contracting and management of Coast Guard acquisition programs. The Commandant shall also seek opportunities to make use of Department of Defense contracts, and contracts of other appropriate agencies, to obtain the best possible price for assets acquired for the Coast Guard.
(b) Interservice Technical Assistance.— The Commandant shall seek to maintain a memorandum of understanding or a memorandum of agreement with the Secretary of the Navy to obtain the assistance of the Office of the Assistant Secretary of the Navy for Research, Development, and Acquisition, including the Navy Systems Command, with the oversight of Coast Guard major acquisition programs. The memorandum of understanding or memorandum of agreement shall, at a minimum, provide for—
(1) the exchange of technical assistance and support that the Assistant Commandants for Acquisition, Human Resources, Engineering, and Information technology may identify;
(2) the use, as appropriate, of Navy technical expertise; and
(3) the temporary assignment or exchange of personnel between the Coast Guard and the Office of the Assistant Secretary of the Navy for Research, Development, and Acquisition, including Naval Systems Command, to facilitate the development of organic capabilities in the Coast Guard.
(c) Technical Requirement Approval Procedures.— The Chief Acquisition Officer shall adopt, to the extent practicable, procedures modeled after those used by the Navy Senior Acquisition Official to approve all technical requirements.
(Added Pub. L. 111281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2937, § 566; amended Pub. L. 111330, § 1(4), Dec. 22, 2010, 124 Stat. 3569; Pub. L. 115232, div. C, title XXXV, § 3534, Aug. 13, 2018, 132 Stat. 2322; renumbered § 1108, Pub. L. 115282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 566 of this title as this section. Subsec. (b). Pub. L. 115232, § 3534(1), substituted “maintain” for “enter into” in introductory provisions. Subsec. (d). Pub. L. 115232, § 3534(2), struck out subsec. (d) which related to report on assessment of Coast Guard acquisition and management capabilities. 2010—Subsec. (d). Pub. L. 111330, which directed the amendment of Pub. L. 111281, § 402(a), which enacted this section, by substituting “Coast Guard Authorization Act of 2010” for “Coast Guard Authorization Act for Fiscal Years 2010 and 2011” wherever appearing, was executed in subsec. (d) of this section as added by section 402(a) by making the substitution for text which read “Coast Guard Authorization Act for fiscal years 2010 and 2011”, to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentPub. L. 111330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(4) is effective with the enactment of Pub. L. 111281.
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# 14 U.S.C. § 1109 - Undefinitized contractual actions
## Text
(a) In General.— The Coast Guard may not enter into an undefinitized contractual action unless such action is directly approved by the Head of Contracting Activity of the Coast Guard.
(b) Requests for Undefinitized Contractual Actions.— Any request to the Head of Contracting Activity for approval of an undefinitized contractual action shall include a description of the anticipated effect on requirements of the Coast Guard if a delay is incurred for the purposes of determining contractual terms, specifications, and price before performance is begun under the contractual action.
(c) Requirements for Undefinitized Contractual Actions.— (1) Deadline for agreement on terms, specifications, and price.— A contracting officer of the Coast Guard may not enter into an undefinitized contractual action unless the contractual action provides for agreement upon contractual terms, specification, and price by the earlier of—
(A) the end of the 180-day period beginning on the date on which the contractor submits a qualifying proposal to definitize the contractual terms, specifications, and price; or
(B) the date on which the amount of funds obligated under the contractual action is equal to more than 50 percent of the negotiated overall ceiling price for the contractual action.
(2) Limitation on obligations.— (A) In general.— Except as provided in subparagraph (B), the contracting officer for an undefinitized contractual action may not obligate under such contractual action an amount that exceeds 50 percent of the negotiated overall ceiling price until the contractual terms, specifications, and price are definitized for such contractual action.
(B) Exception.— Notwithstanding subparagraph (A), if a contractor submits a qualifying proposal to definitize an undefinitized contractual action before an amount that exceeds 50 percent of the negotiated overall ceiling price is obligated on such action, the contracting officer for such action may not obligate with respect to such contractual action an amount that exceeds 75 percent of the negotiated overall ceiling price until the contractual terms, specifications, and price are definitized for such contractual action.
(3) Waiver.— The Commandant may waive the application of this subsection with respect to a contract if the Commandant determines that the waiver is necessary to support—
(A) a contingency operation (as that term is defined in section 101(a)(13) of title 10);
(B) operations to prevent or respond to a transportation security incident (as defined in section 70101(6) 11 See References in Text note below. of title 46);
(C) an operation in response to an emergency that poses an unacceptable threat to human health or safety or to the marine environment; or
(D) an operation in response to a natural disaster or major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(4) Limitation on application.— This subsection does not apply to an undefinitized contractual action for the purchase of initial spares.
(d) Inclusion of Nonurgent Requirements.— Requirements for spare parts and support equipment that are not needed on an urgent basis may not be included in an undefinitized contractual action by the Coast Guard for spare parts and support equipment that are needed on an urgent basis unless the Commandant approves such inclusion as being—
(1) good business practice; and
(2) in the best interests of the United States.
(e) Modification of Scope.— The scope of an undefinitized contractual action under which performance has begun may not be modified unless the Commandant approves such modification as being—
(1) good business practice; and
(2) in the best interests of the United States.
(f) Allowable Profit.— The Commandant shall ensure that the profit allowed on an undefinitized contractual action for which the final price is negotiated after a substantial portion of the performance required is completed reflects—
(1) the possible reduced cost risk of the contractor with respect to costs incurred during performance of the contract before the final price is negotiated; and
(2) the reduced cost risk of the contractor with respect to costs incurred during performance of the remaining portion of the contract.
(g) Definitions.— In this section:
(1) Undefinitized contractual action.— (A) In general.— Except as provided in subparagraph (B), the term “undefinitized contractual action” means a new procurement action entered into by the Coast Guard for which the contractual terms, specifications, or price are not agreed upon before performance is begun under the action.
(B) Exclusion.— The term “undefinitized contractual action” does not include contractual actions with respect to—
(i) foreign military sales;
(ii) purchases in an amount not in excess of the amount of the simplified acquisition threshold; or
(iii) special access programs.
(2) Qualifying proposal.— The term “qualifying proposal” means a proposal that contains sufficient information to enable complete and meaningful audits of the information contained in the proposal as determined by the contracting officer.
(Added Pub. L. 111281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2938, § 567; renumbered § 1109, Pub. L. 115282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.)
## Notes
Editorial Notes
References in TextSection 70101(6) of title 46, referred to in subsec. (c)(3)(B), was redesignated section 70101(7) of title 46 by Pub. L. 115254, div. J, § 1805(b)(1), Oct. 5, 2018, 132 Stat. 3534. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (c)(3)(D), is Pub. L. 93288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.
Amendments2018—Pub. L. 115282 renumbered section 567 of this title as this section.
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# 14 U.S.C. § 1110 - Elevation of disputes to the Chief Acquisition Officer
## Text
If, after 90 days following the elevation to the Chief Acquisition Officer of any design or other dispute regarding level 1 or level 2 acquisition, the dispute remains unresolved, the Commandant shall provide to the appropriate congressional committees a detailed description of the issue and the rationale underlying the decision taken by the Chief Acquisition Officer to resolve the issue.
(Added Pub. L. 116283, div. G, title LVXXXV [LXXXV], § 8501(a)(5), Jan. 1, 2021, 134 Stat. 4745.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1110 was renumbered section 5110 of this title.
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# 14 U.S.C. § 1111 - Acquisition workforce authorities
## Text
(a) Expedited Hiring Authority.— (1) In general.— For the purposes of section 3304 of title 5, the Commandant may—
(A) designate any category of acquisition positions within the Coast Guard as shortage category positions; and
(B) use the authorities in such section to recruit and appoint highly qualified persons directly to positions so designated.
(2) Reports.— The Commandant shall include in reports under section 1102 information described in such section regarding positions designated under this subsection.
(b) Reemployment Authority.— (1) In general.— Except as provided in paragraph (2), if an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in any category of acquisition positions designated by the Commandant under subsection (a), the annuity of the annuitant so employed shall continue. The annuitant so reemployed shall not be considered an employee for purposes of subchapter III of chapter 83 or chapter 84 of title 5.
(2) (A) Election.— An annuitant retired under section 8336(d)(1) or 8414(b)(1)(A) of title 5, receiving an annuity from the Civil Service Retirement and Disability Fund, who becomes employed in any category of acquisition positions designated by the Commandant under subsection (a) after the date of the enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, may elect to be subject to section 8344 or 8468 of such title (as the case may be).
(i) Deadline.— An election for coverage under this subsection shall be filed not later than 90 days after the Commandant takes reasonable actions to notify an employee who may file an election.
(ii) Coverage.— If an employee files an election under this subsection, coverage shall be effective beginning on the first day of the first applicable pay period beginning on or after the date of the filing of the election.
(B) Application.— Paragraph (1) shall apply to an individual who is eligible to file an election under subparagraph (A) and does not file a timely election under clause (i) of such subparagraph.
(Added Pub. L. 116283, div. G, title LVXXXII [LXXXII], § 8219(a), Jan. 1, 2021, 134 Stat. 4655.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, referred to in subsec. (b)(2)(A), is the date of enactment of div. G of Pub. L. 116283, which was approved Jan. 1, 2021.
@@ -0,0 +1,57 @@
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# 14 U.S.C. § 1131 - Identification of major system acquisitions
## Text
(a) In General.— (1) Support mechanisms.— The Commandant shall develop and implement mechanisms to support the establishment of mature and stable operational requirements for all acquisitions.
(2) Mission analysis; affordability assessment.— The Commandant may not initiate a Level 1 or Level 2 acquisition project or program until the Commandant—
(A) completes a mission analysis that—
(i) identifies the specific capability gaps to be addressed by the project or program; and
(ii) develops a clear mission need to be addressed by the project or program; and
(B) prepares a preliminary affordability assessment for the project or program.
(b) Elements.— (1) Requirements.— The mechanisms required by subsection (a) shall ensure the implementation of a formal process for the development of a mission-needs statement, concept-of-operations document, capability development plan, and resource proposal for the initial project or program funding, and shall ensure the project or program is included in the Coast Guard Capital Investment Plan.
(2) Assessment of trade-offs.— In conducting an affordability assessment under subsection (a)(2)(B), the Commandant shall develop and implement mechanisms to ensure that trade-offs among cost, schedule, and performance are considered in the establishment of preliminary operational requirements for development and production of new assets and capabilities for Level 1 and Level 2 acquisitions projects and programs.
(c) Human Resource Capital Planning.— The Commandant shall develop staffing predictions, define human capital performance initiatives, and identify preliminary training needs required to implement each Level 1 and Level 2 acquisition project and program.
(Added Pub. L. 111281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2941, § 571; renumbered § 1131, Pub. L. 115282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 571 of this title as this section.
@@ -0,0 +1,139 @@
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# 14 U.S.C. § 1132 - Acquisition
## Text
(a) In General.— The Commandant may not establish a Level 1 or Level 2 acquisition project or program until the Commandant—
(1) clearly defines the operational requirements for the project or program;
(2) establishes the feasibility of alternatives;
(3) develops an acquisition project or program baseline;
(4) produces a life-cycle cost estimate; and
(5) assesses the relative merits of alternatives to determine a preferred solution in accordance with the requirements of this section.
(b) Submission Required Before Proceeding.— Any Coast Guard Level 1 or Level 2 acquisition project or program may not begin to obtain any capability or asset or proceed beyond that phase of its development that entails approving the supporting acquisition until the Commandant submits to the appropriate congressional committees the following:
(1) The key performance parameters, the key system attributes, and the operational performance attributes of the capability or asset to be acquired under the proposed acquisition project or program.
(2) A detailed list of the systems or other capabilities with which the capability or asset to be acquired is intended to be interoperable, including an explanation of the attributes of interoperability.
(3) The anticipated acquisition project or program baseline and acquisition unit cost for the capability or asset to be acquired under the project or program.
(4) A detailed schedule for the acquisition process showing when all capability and asset acquisitions are to be completed and when all acquired capabilities and assets are to be initially and fully deployed.
(c) Analysis of Alternatives.— (1) In general.— The Coast Guard may not acquire an experimental or technically immature capability or asset or implement a Level 1 or Level 2 acquisition project or program, unless it has prepared an analysis of alternatives for the capability or asset to be acquired in the concept and technology development phase of the acquisition process for the capability or asset.
(2) Requirements.— The analysis of alternatives shall be prepared by a federally funded research and development center, a qualified entity of the Department of Defense, or a similar independent third-party entity that has appropriate acquisition expertise and has no financial interest in any part of the acquisition project or program that is the subject of the analysis. At a minimum, the analysis of alternatives shall include—
(A) an assessment of the technical maturity of the capability or asset, and technical and other risks;
(B) an examination of capability, interoperability, and other advantages and disadvantages;
(C) an evaluation of whether different combinations or quantities of specific assets or capabilities could meet the Coast Guards overall performance needs;
(D) a discussion of key assumptions and variables, and sensitivity to change in such assumptions and variables;
(E) when an alternative is an existing capability, asset, or prototype, an evaluation of relevant safety and performance records and costs;
(F) a calculation of life-cycle costs including—
(i) an examination of likely research and development costs and the levels of uncertainty associated with such estimated costs;
(ii) an examination of likely production and deployment costs and the levels of uncertainty associated with such estimated costs;
(iii) an examination of likely operating and support costs and the levels of uncertainty associated with such estimated costs;
(iv) if they are likely to be significant, an examination of likely disposal costs and the levels of uncertainty associated with such estimated costs; and
(v) such additional measures as the Commandant or the Secretary of the department in which the Coast Guard is operating determines to be necessary for appropriate evaluation of the capability or asset; and
(G) the business case for each viable alternative.
(d) Test and Evaluation Master Plan.— (1) In general.— For any Level 1 or Level 2 acquisition project or program the Chief Acquisition Officer must approve a test and evaluation master plan specific to the acquisition project or program for the capability, asset, or subsystems of the capability or asset and intended to minimize technical, cost, and schedule risk as early as practicable in the development of the project or program.
(2) Test and evaluation strategy.— The master plan shall—
(A) set forth an integrated test and evaluation strategy that will verify that capability-level or asset-level and subsystem-level design and development, including performance and supportability, have been sufficiently proven before the capability, asset, or subsystem of the capability or asset is approved for production; and
(B) require that adequate developmental tests and evaluations and operational tests and evaluations established under subparagraph (A) are performed to inform production decisions.
(3) Other components of the master plan.— At a minimum, the master plan shall identify—
(A) the key performance parameters to be resolved through the integrated test and evaluation strategy;
(B) the performance data to be used to determine whether the key performance parameters have been resolved;
(C) critical operational issues to be assessed in addition to the key performance parameters;
(D) the results during test and evaluation that will be required to demonstrate that a capability, asset, or subsystem meets performance requirements;
(E) specific development test and evaluation phases and the scope of each phase;
(F) modeling and simulation activities to be performed, if any, and the scope of such activities;
(G) early operational assessments to be performed, if any, and the scope of such assessments;
(H) operational test and evaluation phases;
(I) an estimate of the resources, including funds, that will be required for all test, evaluation, assessment, modeling, and simulation activities; and
(J) the Government entity or independent entity that will perform the test, evaluation, assessment, modeling, and simulation activities.
(4) Update.— The Chief Acquisition Officer must approve an updated master plan whenever there is a revision to project or program test and evaluation strategy, scope, or phasing.
(5) Limitation.— The Coast Guard may not—
(A) proceed beyond that phase of the acquisition process that entails approving the supporting acquisition of a capability or asset before the master plan is approved by the Chief Acquisition Officer; or
(B) award any production contract for a capability, asset, or subsystem for which a master plan is required under this subsection before the master plan is approved by the Chief Acquisition Officer.
(e) Life-Cycle Cost Estimates.— (1) In general.— The Commandant shall implement mechanisms to ensure the development and regular updating of life-cycle cost estimates for each acquisition with a total acquisition cost that equals or exceeds $10,000,000 and an expected service life of 10 or more years, and to ensure that these estimates are considered in decisions to develop or produce new or enhanced capabilities and assets.
(2) Types of estimates.— For each Level 1 or Level 2 acquisition project or program, in addition to life-cycle cost estimates developed under paragraph (1), the Commandant shall require that—
(A) life-cycle cost estimates developed under paragraph (1) be updated before—
(i) each milestone decision is concluded; and
(ii) the project or program enters a new acquisition phase; and
(B) an independent cost estimate or independent cost assessment, as appropriate, be developed to validate life-cycle cost estimates developed under paragraph (1).
(Added Pub. L. 111281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2942, § 572; amended Pub. L. 114120, title II, § 204(a), Feb. 8, 2016, 130 Stat. 34; renumbered § 1132, Pub. L. 115282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208; Pub. L. 117263, div. K, title CXII, § 11210, Dec. 23, 2022, 136 Stat. 4012.)
## Notes
Editorial Notes
Amendments2022—Subsec. (e)(2), (3). Pub. L. 117263 added par. (2) and struck out former pars. (2) and (3) which read as follows: “(2) Types of estimates.—In addition to life-cycle cost estimates that may be developed by acquisition program offices, the Commandant shall require that an independent life-cycle cost estimate be developed for each Level 1 or Level 2 acquisition project or program. “(3) Required updates.—For each Level 1 or Level 2 acquisition project or program the Commandant shall require that life-cycle cost estimates shall be updated before each milestone decision is concluded and the project or program enters a new acquisition phase.” 2018—Pub. L. 115282 renumbered section 572 of this title as this section. 2016—Subsec. (d)(3)(B) to (J). Pub. L. 114120 added subpars. (B) and (D) and redesignated former subpar. (B) as (C) and former subpars. (C) to (H) as (E) to (J), respectively.
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# 14 U.S.C. § 1133 - Preliminary development and demonstration
## Text
(a) In General.— The Commandant shall ensure that developmental test and evaluation, operational test and evaluation, life-cycle cost estimates, and the development and demonstration requirements applied by this chapter to acquisition projects and programs are met to confirm that the projects or programs meet the requirements identified in the mission-analysis and affordability assessment prepared under section 1131(a)(2), the operational requirements developed under section 1132(a)(1) and the following development and demonstration objectives:
(1) To demonstrate that the design, manufacturing, and production solution is based upon a stable, producible, and cost-effective product design.
(2) To ensure that the product capabilities meet contract specifications, acceptable operational performance requirements, and system security requirements.
(3) To ensure that the product design is mature enough to commit to full production and deployment.
(b) Tests and Evaluations.— (1) In general.— The Commandant shall ensure that the Coast Guard conducts developmental tests and evaluations and operational tests and evaluations of a capability or asset and the subsystems of the capability or asset in accordance with the master plan prepared for the capability or asset under section 1132(d)(1).11 See References in Text note below.
(2) Use of third parties.— The Commandant shall ensure that the Coast Guard uses independent third parties with expertise in testing and evaluating the capabilities or assets and the subsystems of the capabilities or assets being acquired to conduct developmental tests and evaluations and operational tests and evaluations whenever the Coast Guard lacks the capability to conduct the tests and evaluations required by a master plan.
(3) Communication of safety concerns.— The Commandant shall ensure that independent third parties and Government employees that identify safety concerns during developmental or operational tests and evaluations or through independent or Government-conducted design assessments of capabilities or assets and subsystems of capabilities or assets to be acquired by the Coast Guard communicate such concerns as soon as practicable, but not later than 30 days after the completion of the test or assessment event or activity that identified the safety concern, to the program manager for the capability or asset and the subsystems concerned and to the Chief Acquisition Officer.
(4) Reporting of safety concerns.— The Commandant shall ensure that any safety concerns that have been communicated under paragraph (3) for an acquisition program or project are reported to the appropriate congressional committees at least 90 days before the award of any contract or issuance of any delivery order or task order for low, initial, or full-rate production of the capability or asset concerned if they will remain uncorrected or unmitigated at the time such a contract is awarded or delivery order or task order is issued. The report shall include a justification for the approval of that level of production of the capability or asset before the safety concerns are corrected or mitigated. The report shall also include an explanation of the actions that will be taken to correct or mitigate the safety concerns, the date by which those actions will be taken, and the adequacy of current funding to correct or mitigate the safety concerns.
(5) Asset already in low, initial, or full-rate production.— The Commandant shall ensure that if an independent third party or a Government employee identifies a safety concern with a capability or asset or any subsystems of a capability or asset not previously identified during operational test and evaluation of a capability or asset already in low, initial, or full-rate production—
(A) the Commandant, through the Assistant Commandant for Capability, shall notify the program manager and the Chief Acquisition Officer of the safety concern as soon as practicable, but not later than 30 days after the completion of the test and evaluation event or activity that identified the safety concern; and
(B) the Deputy Commandant for Mission Support shall notify the Commandant and the Deputy Commandant for Operations of the safety concern within 50 days after the notification required under subparagraph (A), and include in such notification—
(i) an explanation of the actions that will be taken to correct or mitigate the safety concern in all capabilities or assets and subsystems of the capabilities or assets yet to be produced, and the date by which those actions will be taken;
(ii) an explanation of the actions that will be taken to correct or mitigate the safety concern in previously produced capabilities or assets and subsystems of the capabilities or assets, and the date by which those actions will be taken; and
(iii) an assessment of the adequacy of current funding to correct or mitigate the safety concern in capabilities or assets and subsystems of the capabilities or assets and in previously produced capabilities or assets and subsystems.
(c) Technical Certification.— (1) In general.— The Commandant shall ensure that any Level 1 or Level 2 acquisition project or program is certified by the technical authority of the Coast Guard after review by an independent third party with capabilities in the mission area, asset, or particular asset component.
(2) TEMPEST testing.— The Commandant shall—
(A) cause all electronics on all aircraft, surface, and shore capabilities and assets that require TEMPEST certification to be tested in accordance with TEMPEST standards and communications security (comsec) standards by an independent third party that is authorized by the Federal Government to perform such testing; and
(B) certify that the assets meet all applicable TEMPEST requirements.
(3) Cutter classification.— (A) In general.— The Commandant shall cause each cutter, other than a National Security Cutter, acquired by the Coast Guard and delivered after the date of enactment of the Coast Guard Authorization Act of 2010 to be classed by the American Bureau of Shipping before final acceptance.
[(B) Repealed. Pub. L. 112213, title II, § 210(c)(2)(B), Dec. 20, 2012, 126 Stat. 1551.]
(4) Other vessels.— The Commandant shall cause the design and construction of each National Security Cutter, other than National Security Cutters 1, 2, and 3, to be assessed by an independent third party with expertise in vessel design and construction certification.
(5) Aircraft airworthiness.— The Commandant shall cause all aircraft and aircraft engines acquired by the Coast Guard to be assessed for airworthiness by an independent third party with expertise in aircraft and aircraft engine certification before final acceptance.
(Added Pub. L. 111281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2944, § 573; amended Pub. L. 112213, title II, § 210(c)(2)(B), Dec. 20, 2012, 126 Stat. 1551; Pub. L. 115232, div. C, title XXXV, § 3522, Aug. 13, 2018, 132 Stat. 2314; renumbered § 1133 and amended Pub. L. 115282, title I, §§ 108(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4208, 4240.)
## Notes
Editorial Notes
References in TextSection 1132(d)(1), referred to in subsec. (b)(1), was, prior to amendment of this section by Pub. L. 115282, a reference to section 572(d)(1) of this title, which was redesignated section 572(f)(1) of this title by Pub. L. 114120, title II, § 204(a)(1), Feb. 8, 2016, 130 Stat. 34. Section 572 of this title was renumbered section 1132 of this title by Pub. L. 115282, title I, § 108(b)(2), Dec. 4, 2018, 132 Stat. 4208. The date of enactment of the Coast Guard Authorization Act of 2010, referred to in subsec. (c)(3)(A), is the date of enactment of Pub. L. 111281, which was approved Oct. 15, 2010.
Amendments2018—Pub. L. 115282, § 108(b), renumbered section 573 of this title as this section. Subsec. (a). Pub. L. 115282, § 123(b)(2), in introductory provisions, substituted “section 1131(a)(2)” for “section 571(a)(2)” and “section 1132(a)(1)” for “section 572(a)(1)”. Subsec. (b)(1). Pub. L. 115282, § 123(b)(2), substituted “section 1132(d)(1)” for “section 572(d)(1)”. Subsec. (b)(3). Pub. L. 115232, § 3522(1), substituted “ensure that independent third parties and Government employees that identify safety concerns” for “require that safety concerns identified” and “Coast Guard communicate such concerns as” for “Coast Guard shall be communicated as”. Subsec. (b)(4). Pub. L. 115232, § 3522(2), substituted “The Commandant shall ensure that any safety concerns that have been communicated under paragraph (3) for an acquisition program or project are reported” for “Any safety concerns that have been reported to the Chief Acquisition Officer for an acquisition program or project shall be reported by the Commandant”. Subsec. (b)(5). Pub. L. 115232, § 3522(3)(A), added introductory provisions and struck out former introductory provisions which read as follows: “If operational test and evaluation of a capability or asset already in low, initial, or full-rate production identifies a safety concern with the capability or asset or any subsystems of the capability or asset not previously identified during developmental or operational test and evaluation, the Commandant shall—”. Subsec. (b)(5)(A). Pub. L. 115232, § 3522(3)(B), inserted “the Commandant, through the Assistant Commandant for Capability, shall” before “notify”. Subsec. (b)(5)(B). Pub. L. 115232, § 3522(3)(C), substituted “the Deputy Commandant for Mission Support shall notify the Commandant and the Deputy Commandant for Operations of the safety concern within 50 days after the notification required under subparagraph (A), and include in such notification” for “notify the Chief Acquisition Officer and include in such notification” in introductory provisions. Subsec. (c)(2)(A). Pub. L. 115232, § 3522(4)(A), struck out “and that are delivered after the date of enactment of the Coast Guard Authorization Act of 2010” after “TEMPEST certification”. Subsec. (c)(5). Pub. L. 115232, § 3522(4)(B), struck out “and delivered after the date of enactment of the Coast Guard Authorization Act of 2010” after “acquired by the Coast Guard”. 2012—Subsec. (c)(3)(B). Pub. L. 112213 struck out subpar. (B). Text read as follows: “Not later than December 31, 2011, and biennially thereafter, the Commandant shall provide 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 identifying which, if any, Coast Guard cutters that have been issued a certificate of classification by the American Bureau of Shipping have not been maintained in class and detailing the reasons why they have not been maintained in class.”
Statutory Notes and Related Subsidiaries
National Security CuttersPub. L. 115282, title III, § 311(f), Dec. 4, 2018, 132 Stat. 4249, provided that: “The Secretary of the department in which the Coast Guard is operating is authorized to enter into a multiyear contract for the procurement of a tenth, eleventh, and twelfth National Security Cutter and associated government-furnished equipment.” Pub. L. 115282, title VIII, § 818(a), Dec. 4, 2018, 132 Stat. 4307, provided that: “The Commandant of the Coast Guard may not certify an eighth National Security Cutter as Ready for Operations before the date on which the Commandant provides to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate— “(1) a notification of a new standard method for tracking operational employment of Coast Guard major cutters that does not include time during which such a cutter is away from its homeport for maintenance or repair; and “(2) a report analyzing cost and performance for different approaches to achieving varied levels of operational employment using the standard method required by paragraph (1) that, at a minimum—“(A) compares over a 30-year period the average annualized baseline cost and performances for a certified National Security Cutter that operated for 185 days away from homeport or an equivalent alternative measure of operational tempo—“(i) against the cost of a 15 percent increase in days away from homeport or an equivalent alternative measure of operational tempo for a National Security Cutter; and “(ii) against the cost of the acquisition and operation of an additional National Security Cutter; and “(B) examines the optimal level of operational employment of National Security Cutters to balance National Security Cutter cost and mission performance.”
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# 14 U.S.C. § 1134 - Acquisition, production, deployment, and support
## Text
(a) In General.— The Commandant shall—
(1) ensure there is a stable and efficient production and support capability to develop an asset or capability for the Coast Guard;
(2) conduct follow-on testing to confirm and monitor performance and correct deficiencies; and
(3) conduct acceptance tests and trials prior to the delivery of each asset or system to ensure the delivered asset or system achieves full operational capability.
(b) Elements.— The Commandant shall—
(1) execute production contracts;
(2) ensure that delivered assets and capabilities meet operational cost and schedules requirements established in the acquisition program baseline;
(3) validate manpower and training requirements to meet system needs to operate, maintain, support, and instruct the assets or capabilities; and
(4) prepare an acquisition project or program transition plan to enter into programmatic sustainment, operations, and support.
(Added Pub. L. 111281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2947, § 574; renumbered § 1134, Pub. L. 115282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 574 of this title as this section.
@@ -0,0 +1,79 @@
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# 14 U.S.C. § 1135 - Acquisition program baseline breach
## Text
(a) In General.— The Commandant shall submit a report to the appropriate congressional committees and the Committee on Homeland Security of the House of Representatives as soon as possible, but not later than 30 days, after the Chief Acquisition Officer of the Coast Guard becomes aware of the breach of an acquisition program baseline for any Level 1 or Level 2 acquisition program, by—
(1) a likely cost overrun greater than 15 percent of the acquisition program baseline for that individual capability or asset or a class of capabilities or assets;
(2) a likely delay of more than 180 days in the delivery schedule for any individual capability or asset or class of capabilities or assets; or
(3) an anticipated failure for any individual capability or asset or class of capabilities or assets to satisfy any key performance threshold or parameter under the acquisition program baseline.
(b) Content.— The report submitted under subsection (a) shall include—
(1) a detailed description of the breach and an explanation of its cause;
(2) the projected impact to performance, cost, and schedule;
(3) an updated acquisition program baseline and the complete history of changes to the original acquisition program baseline;
(4) the updated acquisition schedule and the complete history of changes to the original schedule;
(5) a full life-cycle cost analysis for the capability or asset or class of capabilities or assets;
(6) a remediation plan identifying corrective actions and any resulting issues or risks; and
(7) a description of how progress in the remediation plan will be measured and monitored.
(c) Substantial Variances in Costs or Schedule.— If a likely cost overrun is greater than 20 percent or a likely delay is greater than 12 months from the costs and schedule described in the acquisition program baseline for any Level 1 or Level 2 acquisition project or program of the Coast Guard, the Commandant shall include in the report a written determination, with a supporting explanation, of whether—
(1) the capability or asset or capability or asset class to be acquired under the project or program is essential to the accomplishment of Coast Guard missions;
(2) there are no alternatives to such capability or asset or capability or asset class that will provide equal or greater capability in both a more cost-effective and timely manner;
(3) the new acquisition schedule and estimates for total acquisition cost are reasonable; and
(4) the management structure for the acquisition program is adequate to manage and control performance, cost, and schedule.
(d) Notice to Congress With Respect to Breach of Contract.— Not later than 48 hours after the Commandant becomes aware that a major acquisition contract cannot be carried out under the terms specified in the contract, the Commandant shall provide a written notification to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that includes—
(1) a description of the terms of the contract that cannot be met; and
(2) an assessment of whether the applicable contract officer has issued a cease and desist order to the contractor based on the breach of such terms of the contract.
(Added Pub. L. 111281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2947, § 575; amended Pub. L. 115232, div. C, title XXXV, § 3533(g), Aug. 13, 2018, 132 Stat. 2321; renumbered § 1135, Pub. L. 115282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208; Pub. L. 116283, div. G, title LVXXXII [LXXXII], § 8221(b), Jan. 1, 2021, 134 Stat. 4657.)
## Notes
Editorial Notes
Amendments2021—Subsec. (d). Pub. L. 116283 added subsec. (d). 2018—Pub. L. 115282 renumbered section 575 of this title as this section. Subsec. (c). Pub. L. 115232, in introductory provisions, substituted “determination, with a supporting explanation, of whether” for “certification, with a supporting explanation, that”.
@@ -0,0 +1,47 @@
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# 14 U.S.C. § 1136 - Acquisition approval authority
## Text
Nothing in this subchapter shall be construed as altering or diminishing in any way the statutory authority and responsibility of the Secretary of the department in which the Coast Guard is operating, or the Secretarys designee, to—
(1) manage and administer department procurements, including procurements by department components, as required by section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341); or
(2) manage department acquisition activities and act as the Acquisition Decision Authority with regard to the review or approval of a Coast Guard Level 1 or Level 2 acquisition project or program, as required by section 16 11 See References in Text note below. of the Office of Federal Procurement Policy Act (41 U.S.C. 414) and related implementing regulations and directives.
(Added Pub. L. 111281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2948, § 576; renumbered § 1136, Pub. L. 115282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.)
## Notes
Editorial Notes
References in TextSection 16 of the Office of Federal Procurement Policy Act, referred to in par. (2), is section 16 of Pub. L. 93400, which was classified to section 414 of former Title 41, Public Contracts, and was repealed and reenacted as section 1702 of Title 41, Public Contracts, by Pub. L. 111350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855.
Amendments2018—Pub. L. 115282 renumbered section 576 of this title as this section.
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# 14 U.S.C. § 1137 - Contracting for major acquisitions programs
## Text
(a) In General.— In carrying out authorities provided to the Secretary to design, construct, accept, or otherwise acquire assets and systems under section 501(d), the Secretary, acting through the Commandant or the head of an integrated program office established for a major acquisition program, may enter into contracts for a major acquisition program and 3 Polar Security Cutters in addition to those approved as part of a major acquisition program on November 1, 2019.
(b) Authorized Methods.— Contracts entered into under subsection (a)—
(1) may be block buy contracts;
(2) may be incrementally funded;
(3) may include combined purchases, also known as economic order quantity purchases, of—
(A) materials and components; and
(B) long lead time materials; and
(4) as provided in section 3501 of title 10, may be multiyear contracts.
(c) Subject to Appropriations.— Any contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of amounts specifically provided in advance for that purpose in subsequent appropriations Acts.
(Added Pub. L. 115282, title III, § 311(b), Dec. 4, 2018, 132 Stat. 4249; amended Pub. L. 116283, div. G, title LVXXXI [LXXXI], § 8111(b), Jan. 1, 2021, 134 Stat. 4639; Pub. L. 11781, div. A, title XVII, § 1702(d)(2), Dec. 27, 2021, 135 Stat. 2156.)
## Notes
Editorial Notes
Amendments2021—Subsec. (a). Pub. L. 116283 inserted “and 3 Polar Security Cutters in addition to those approved as part of a major acquisition program on November 1, 2019” before period at end. Subsec. (b)(4). Pub. L. 11781 substituted “section 3501” for “section 2306b”.
Statutory Notes and Related Subsidiaries
Internal Regulations and PolicyPub. L. 115282, title III, § 311(e), Dec. 4, 2018, 132 Stat. 4249, provided that: “Not later than 180 days after the date of enactment of this Act [Dec. 4, 2018], the Secretary of the department in which the Coast Guard is operating shall establish the internal regulations and policies necessary to exercise the authorities provided under this section [enacting this section, amending section 501 of this title, enacting provisions set out as a note under section 1133 of this title, amending provisions formerly set out as a note under former section 573 of this title, and repealing provisions set out as notes under former sections 87 and 577 of this title], including the amendments made in this section.”
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# 14 U.S.C. § 1138 - Service life extension programs
## Text
(a) In General.— Requirements for a Level 1 or Level 2 acquisition project or program under sections 1131 through 1134 shall not apply to an acquisition by the Coast Guard that is a service life extension program.
(b) Service Life Extension Program Defined.— In this section, the term “service life extension program” means a capital investment that is solely intended to extend the service life and address obsolescence of components or systems of a particular capability or asset.
(Added Pub. L. 11960, div. G, title LXXII, § 7212(a), Dec. 18, 2025, 139 Stat. 1693.)
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# 14 U.S.C. § 1139 - Consideration of life-cycle cost estimates for acquisition and procurement
## Text
In carrying out the acquisition and procurement of vessels and aircraft, the Secretary of the department in which the Coast Guard is operating, acting through the Commandant, shall consider the life-cycle cost estimates of vessels and aircraft, as applicable, during the design and evaluation processes to the maximum extent practicable.
(Added Pub. L. 11960, div. G, title LXXII, § 7212(a), Dec. 18, 2025, 139 Stat. 1694.)
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# 14 U.S.C. § 1140 - Contracts that provide best value for taxpayer
## Text
(a) In General.— In carrying out a Level 1 or Level 2 acquisition project or program under this subchapter, the Commandant may publicly announce all construction, design, and engineering requirements and negotiate contracts for construction, design, and engineering services on the basis of demonstrated competence and qualification for the type of professional services required and at fair and reasonable prices.
(b) Selection Procedure.— The following procedures may apply to the procurement of Level 1 or Level 2 acquisition project or program under this subchapter:
(1) Statements of qualification and performance.— The Commandant shall require prospective contractors to submit a statement of qualifications and performance data.
(2) Evaluation.— For each proposed project, the Commandant shall—
(A) evaluate statements of qualifications and performance submitted by firms regarding the proposed project; and
(B) conduct discussions with firms to consider anticipated concepts and compare alternative methods for furnishing services.
(3) Selection.— From the firms with which discussions have been conducted under paragraph (2)(B), the Commandant shall select, in order of preference, that the Commandant considers most highly qualified to provide the services required, based on criteria established and published by the Commandant.
(c) Negotiation of Contract.— (1) In general.— The Commandant shall negotiate 1 or more contracts for construction, design, and engineering services under this section at compensation which the Commandant determines is fair and reasonable to the Federal Government.
(2) Fair and reasonable compensation.— In determining fair and reasonable compensation, the Commandant shall consider the scope, complexity, professional nature, and estimated value of the services to be rendered.
(3) Negotiation.— The Commandant shall attempt to negotiate a contract or contracts with the most highly qualified firm or firms selected under subsection (b).
(4) Further negotiation.— If the Commandant is unable to negotiate a satisfactory contract or contracts with the firm or firms under paragraph (3), the Commandant shall formally terminate negotiations with such firm or firms and undertake negotiations with the next most qualified of the selected firms, continuing the process until an agreement is reached.
(5) Additional firms.— If the Commandant is unable to negotiate a satisfactory contract or contracts with any of the selected firms, the Commandant shall select additional firms in order of competence and qualification and continue negotiations in accordance with this section until 1 or more agreements are reached.
(Added Pub. L. 11960, div. G, title LXXII, § 7212(a), Dec. 18, 2025, 139 Stat. 1694.)
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# 14 U.S.C. § 1151 - Restriction on acquisition, procurement, or construction of vessels in foreign shipyards
## Text
(a) In General.— Except as provided in subsection (b), the Commandant may not lease, charter, or otherwise procure a vessel which contains a major component of the hull or superstructure constructed in a foreign shipyard.
(b) Exceptions.— (1) In general.— 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.
(2) Notice.— The President shall transmit notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of any such determination made by the President under paragraph (1), and no contract may be awarded 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 such committees of Congress.
(3) Justification.— The notice required under paragraph (2) shall include a written explanation of the national security interest and a detailed summary of market research demonstrating the lack of availability of United States shipyards to meet the Coast Guard requirements consistent with national security interest.
(Added Pub. L. 100448, § 26(a), Sept. 28, 1988, 102 Stat. 1847, § 665; renumbered § 1151, Pub. L. 115282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208; amended Pub. L. 11960, div. G, title LXXII, § 7213(a), Dec. 18, 2025, 139 Stat. 1695.)
## Notes
Editorial Notes
Amendments2025—Pub. L. 11960 amended section generally. Prior to amendment, text read as follows: “(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.” 2018—Pub. L. 115282 renumbered section 665 of this title as this section.
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# 14 U.S.C. § 1152 - Advance procurement funding
## Text
(a) In General.— With respect to any Coast Guard vessel for which amounts are appropriated and any amounts otherwise made available for vessels for the Coast Guard in any fiscal year, the Commandant may enter into a contract or place an order, in advance of a contract or order for construction of a vessel, for—
(1) materials, parts, components, and labor for the vessel;
(2) the advance construction of parts or components for the vessel;
(3) protection and storage of materials, parts, or components for the vessel; and
(4) production planning, design, and other related support services that reduce the overall procurement lead time of the vessel.
(b) Use of Materials, Parts, and Components Manufactured in the United States.— In entering into contracts and placing orders under subsection (a), the Commandant may give priority to persons that manufacture materials, parts, and components in the United States.
(Added Pub. L. 112213, title II, § 211(a), Dec. 20, 2012, 126 Stat. 1551, § 577; amended Pub. L. 115232, div. C, title XXXV, § 3531(c)(7), Aug. 13, 2018, 132 Stat. 2320; renumbered § 1152, Pub. L. 115282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 577 of this title as this section. Subsec. (a). Pub. L. 115232 substituted “Commandant” for “Commandant of the Coast Guard” in introductory provisions.
Statutory Notes and Related Subsidiaries
Long Lead Time Materials and Vessel Production; Immediate Availability of FundingPub. L. 1136, div. D, title V, § 557, Mar. 26, 2013, 127 Stat. 377, provided that: “(a) Notwithstanding Office of Management and Budget Circular A11, funds made available in fiscal year 2013, or any fiscal year thereafter, under Department of Homeland Security, Coast Guard, Acquisition, Construction, and Improvements for—“(1) long lead time materials, components, and designs of a vessel of the Coast Guard shall be immediately available and allotted to make a contract award notwithstanding the availability of funds for production, outfitting, post-delivery activities, and spare or repair parts; and “(2) production of a vessel of the Coast Guard shall be immediately available and allotted to make a contract award notwithstanding the availability of funds for outfitting, post-delivery activities, and spare or repair parts. “(b) The Secretary of Homeland Security shall develop fiscal policy that prescribes Coast Guard budgetary policies, procedures and technical direction necessary to comply with subsection (a) of this section and consistent with the Department of Defense Financial Management Regulation (Volume 2A, Chapter 1 C. Procedures for Full Funding) to include the costs associated with outfitting and post-delivery activities; spare and repair parts; and long lead time materials. The requirement set forth in this section shall not preclude the immediate availability or allotment of funds for fiscal year 2013, pursuant to subsection (a). “(c) In this section—“(1) the term long lead time items means components, parts, material, or effort which must be procured in advance of the production award in order to maintain the production schedule; “(2) the term outfitting means procurement or installation of onboard repair parts, other secondary items, equipage, and recreation items; precommissioning crew support; general use consumables furnished to the shipbuilder; the fitting out activity to fill a vessels initial allowances; and contractor-furnished spares; and “(3) the term post-delivery activities means design, planning, Government-furnished material, and related labor for non-production and non-long lead time items contract activities and other work, including certifications, full operational capability activities and other equipment installation; spares, logistics, technical analysis, and support; correction of Government-responsible defects and deficiencies identified during builders trials, acceptance trials, and testing during the post-delivery period; costs of all work required to correct defects or deficiencies identified during the post-delivery period; and costs of all work required to correct trial card deficiencies on a vessel of a particular class, as well as on subsequent vessels of that class (whether or not delivered) until the corrective action for that cutter class is completed.”
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# 14 U.S.C. § 1153 - Prohibition on overhaul, repair, and maintenance of Coast Guard vessels in foreign shipyards
## Text
A Coast Guard vessel the home port of which is in the United States or Guam may not be overhauled, repaired, or maintained in a shipyard outside the United States or Guam, other than in the case of voyage repairs.
(Added Pub. L. 104324, title III, § 311(a), Oct. 19, 1996, 110 Stat. 3920, § 96; amended Pub. L. 111281, title II, § 218, Oct. 15, 2010, 124 Stat. 2918; renumbered § 1153, Pub. L. 115282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 96 of this title as this section. 2010—Pub. L. 111281 substituted “in the United States or Guam” for “in a State of the United States” and inserted “or Guam” after “outside the United States”.
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# 14 U.S.C. § 1154 - Procurement of buoy chain
## Text
(a) Except as provided in subsection (b), the Coast Guard may not procure buoy chain—
(1) that is not manufactured in the United States; or
(2) substantially all of the components of which are not produced or manufactured in the United States.
(b) The Coast Guard may procure buoy chain that is not manufactured in the United States if the Secretary determines that—
(1) the price of buoy chain manufactured in the United States is unreasonable; or
(2) emergency circumstances exist.
(Added Pub. L. 104324, title XI, § 1128(a), Oct. 19, 1996, 110 Stat. 3984, § 97; renumbered § 1154, Pub. L. 115282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 97 of this title as this section.
@@ -0,0 +1,73 @@
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# 14 U.S.C. § 1155 - Contract termination
## Text
(a) In General.— (1) Notification.— Before terminating a procurement or acquisition contract with a total value of more than $1,000,000, the Commandant of the Coast Guard shall notify each vendor under such contract and require the vendor to maintain all work product related to the contract until the earlier of—
(A) not less than 1 year after the date of the notification; or
(B) the date the Commandant notifies the vendor that maintenance of such work product is no longer required.
(b) Work Product Defined.— In this section the term “work product”—
(1) means tangible and intangible items and information produced or possessed as a result of a contract referred to in subsection (a); and
(2) includes—
(A) any completed end items;
(B) any uncompleted end items; and
(C) any property in the contractors possession in which the United States Government has an interest.
(c) Penalty.— A vendor that fails to maintain work product as required under subsection (a) is liable to the United States for a civil penalty of not more than $25,000 for each day on which such work product is unavailable.
(d) Report.— (1) In general.— Except as provided in paragraph (2), not later than 45 days after the end of each fiscal year the Commandant of the Coast Guard shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing—
(A) all Coast Guard contracts with a total value of more than $1,000,000 that were terminated in the fiscal year;
(B) all vendors who were notified under subsection (a)(1) in the fiscal year, and the date of such notification;
(C) all criminal, administrative, and other investigations regarding any contract with a total value of more than $1,000,000 that were initiated by the Coast Guard in the fiscal year;
(D) all criminal, administrative, and other investigations regarding contracts with a total value of more than $1,000,000 that were completed by the Coast Guard in the fiscal year; and
(E) an estimate of costs incurred by the Coast Guard, including contract line items and termination costs, as a result of the requirements of this section.
(2) Limitation.— The Commandant is not required to provide a report under paragraph (1) for any fiscal year for which there is no responsive information as described in subparagraphs (A) through (E) of paragraph (1).
(Added Pub. L. 115232, div. C, title XXXV, § 3523(a), Aug. 13, 2018, 132 Stat. 2315, § 657; renumbered § 1155, Pub. L. 115282, title I, § 108(b), Dec. 4, 2018, 132 Stat. 4208.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 657 of this title as this section.
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# 14 U.S.C. § 1156 - Limitation on unmanned aircraft systems
## Text
(a) In General.— During any fiscal year for which funds are appropriated for the design or construction of an Offshore Patrol Cutter, the Commandant—
(1) may not award a contract for design of an unmanned aircraft system for use by the Coast Guard; and
(2) may lease, acquire, or acquire the services of an unmanned aircraft system only if such system—
(A) has been part of a program of record of, procured by, or used by a Federal entity (or funds for research, development, test, and evaluation have been received from a Federal entity with regard to such system) before the date on which the Commandant leases, acquires, or acquires the services of the system; and
(B) is leased, acquired, or utilized by the Commandant through an agreement with a Federal entity, unless such an agreement is not practicable or would be less cost-effective than an independent contract action by the Coast Guard.
(b) Small Unmanned Aircraft Exemption.— Subsection (a)(2) does not apply to small unmanned aircraft.
(c) Definitions.— In this section, the terms “small unmanned aircraft” and “unmanned aircraft system” have the meanings given those terms in section 44801 of title 49.
(Added Pub. L. 115282, title III, § 304(b), Dec. 4, 2018, 132 Stat. 4244; amended Pub. L. 117263, div. K, title CXVIII, § 11803(b), Dec. 23, 2022, 136 Stat. 4163.)
## Notes
Editorial Notes
Amendments2022—Subsec. (c). Pub. L. 117263 substituted “section 44801 of title 49” for “section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)”.
Statutory Notes and Related Subsidiaries
Prohibition on Operation or Procurement of Foreign-Made Unmanned Aircraft SystemsPub. L. 116283, div. G, title LVXXXIV [LXXXIV], § 8414, Jan. 1, 2021, 134 Stat. 4725, as amended by Pub. L. 117263, div. K, title CXII, § 11255, Dec. 23, 2022, 136 Stat. 4055, provided that: “(a) Prohibition on Agency Operation or Procurement.—The Commandant [of the Coast Guard] may not operate or enter into or renew a contract for the procurement of—“(1) an unmanned aircraft system that—“(A) is manufactured in a covered foreign country or by an entity domiciled in a covered foreign country; “(B) uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in a covered foreign country or by an entity domiciled in a covered foreign country; “(C) uses a ground control system or operating software developed in a covered foreign country or by an entity domiciled in a covered foreign country; or “(D) uses network connectivity or data storage located in or administered by an entity domiciled in a covered foreign country; or “(2) a system manufactured in a covered foreign country or by an entity domiciled in a covered foreign country for the detection or identification of unmanned aircraft systems. “(b) Exemption.—The Commandant is exempt from the restriction under subsection (a) if the operation or procurement is for the purposes of—“(1) counter-UAS system surrogate testing and training; or “(2) intelligence, electronic warfare, and information warfare operations, testing, analysis, and training. “(c) Waiver.—The Commandant may waive the restriction under subsection (a) on a case-by-case basis by certifying in writing not later than 15 days after exercising such waiver to the Department of Homeland Security, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives that the operation or procurement of a covered unmanned aircraft system is required in the national interest of the United States. “(d) Definitions.—In this section:“(1) Covered foreign country.—The term covered foreign country means any of the following:“(A) The Peoples Republic of China. “(B) The Russian Federation. “(C) The Islamic Republic of Iran. “(D) The Democratic Peoples Republic of Korea. “(2) Covered unmanned aircraft system.—The term covered unmanned aircraft system means an unmanned aircraft system described in paragraph (1) of subsection (a). “(3) Counter-UAS system.—The term counter-UAS system has the meaning given such term in section 44801 of title 49, United States Code. “(4) Unmanned aircraft system.—The term unmanned aircraft system has the meaning given such term in section 44801 of title 49, United States Code, and any related services and equipment. “(e) Replacement.—Not later than 90 days after the date of the enactment of the Don Young Coast Guard Authorization Act of 2022 [Dec. 23, 2022], the Commandant shall replace covered unmanned aircraft systems of the Coast Guard with unmanned aircraft systems manufactured in the United States or an allied country (as that term is defined in section 2350f(d)(1) of title 10, United States Code).”
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# 14 U.S.C. § 1157 - Extraordinary relief
## Text
(a) In General.— With respect to any prime contracting entity receiving extraordinary relief pursuant to the Act entitled “An Act to authorize the making, amendment, and modification of contracts to facilitate the national defense”, approved August 28, 1958 (Public Law 85804; 50 U.S.C. 1432 et seq.) for a major acquisition, the Secretary shall not consider any further request by the prime contracting entity for extraordinary relief under such Act for such major acquisition.
(b) Inapplicability to Subcontractors.— The limitation under subsection (a) shall not apply to subcontractors of a prime contracting entity.
(c) Quarterly Report.— Not less frequently than quarterly during each fiscal year in which extraordinary relief is approved or provided to an entity under the Act referred to in subsection (a) for the acquisition of Offshore Patrol Cutters, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes in detail such relief and the compliance of the entity with the oversight measures required as a condition of receiving such relief.
(Added Pub. L. 116283, div. G, title LVXXXII [LXXXII], § 8221(a)(1), Jan. 1, 2021, 134 Stat. 4657.)
## Notes
Editorial Notes
References in TextAn Act to authorize the making, amendment, and modification of contracts to facilitate the national defense, referred to in subsec. (a), is Pub. L. 85804, Aug. 28, 1958, 72 Stat. 972, which is classified generally to chapter 29 (§ 1431 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.
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# 14 U.S.C. § 1158 - Authority to enter into transactions other than contracts and grants to procure cost-effective, advanced technology for mission-critical needs
## Text
(a) In General.— Subject to subsections (b) and (c), the Commandant may enter into transactions (other than contracts, cooperative agreements, and grants) to operate, test, and acquire cost-effective technology for the purpose of meeting the mission needs of the Coast Guard.
(b) Operation, Testing, and Acquisition.— Operation, testing, and acquisition of technologies under subsection (a) shall be—
(1) carried out in accordance with Coast Guard policies and guidance; and
(2) consistent with the operational requirements of the Coast Guard.
(c) Limitations.— The Commandant may not enter into a transaction under subsection (a) with respect to a technology that—
(1) does not comply with the cybersecurity standards of the Coast Guard; or
(2) is sourced from an entity domiciled in the Peoples Republic of China, unless the Commandant determines that the prototype or procurement of such a technology is for the purpose of—
(A) counter-UAS or surrogate testing; or
(B) intelligence, electronic warfare, and information warfare, testing, and analysis.
(d) Education and Training.— The Commandant shall ensure that management, technical, and contracting personnel of the Coast Guard involved in the award or administration of transactions under this section are provided adequate education and training with respect to the authority under this section.
(e) Regulations.— The Commandant shall prescribe regulations as necessary to carry out this section.
(f) Counter-UAS Defined.— In this section, the term “counter-UAS” has the meaning given such term in section 44801 of title 49.
(Added Pub. L. 117263, div. K, title CXII, § 11205(a), Dec. 23, 2022, 136 Stat. 4009.)
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# 14 U.S.C. § 1159 - Floating drydock for United States Coast Guard Yard
## Text
(a) In General.— Except as provided in subsection (b), the Commandant, using funds appropriated pursuant to section 1181, may not acquire, procure, or construct a floating dry dock for the Coast Guard Yard.
(b) Permissible Acquisition, Procurement, or Construction Methods.— Notwithstanding subsection (a) of this section and section 1105(a), the Commandant may—
(1) provide for an entity other than the Coast Guard to contract for the acquisition, procurement, or construction of a floating drydock by contract, purchase, or other agreement;
(2) construct a floating drydock at the Coast Guard Yard; or
(3) acquire or procure a commercially available floating drydock.
(c) Design Standards and Construction Practices.— To the extent practicable, a floating drydock acquired, procured, or constructed under this section shall reflect commercial design standards and commercial construction practices that are consistent with the best interests of the Federal Government.
(d) Berthing Requirement.— Any floating drydock acquired, procured, or constructed under subsection (b) shall be berthed at the Coast Guard Yard in Baltimore, Maryland, when lifting or maintaining vessels.
(e) Floating Drydock Defined.— In this section, the term “floating drydock” means equipment that is—
(1) constructed in the United States; and
(2) capable of meeting the lifting and maintenance requirements of an Offshore Patrol Cutter or a National Security Cutter.
(Added Pub. L. 11960, div. G, title LXXII, § 7214(a), Dec. 18, 2025, 139 Stat. 1695.)
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# 14 U.S.C. § 1171 - Definitions
## Text
In this chapter:
(1) Appropriate congressional committees.— The term “appropriate congressional committees” means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(2) Chief acquisition officer.— The term “Chief Acquisition Officer” means the officer appointed under section 308 of this title.
(3) Customer of a major acquisition program.— The term “customer of a major acquisition program” means the operating field unit of the Coast Guard that will field the system or systems acquired under a major acquisition program.
(4) Level 1 acquisition.— The term “Level 1 acquisition” means—
(A) an acquisition by the Coast Guard—
(i) the estimated life-cycle costs of which exceed $1,000,000,000; or
(ii) the estimated total acquisition costs of which exceed $300,000,000; or
(B) any acquisition that the Chief Acquisition Officer of the Coast Guard determines to have a special interest—
(i) due to—
(I) the experimental or technically immature nature of the asset;
(II) the technological complexity of the asset;
(III) the commitment of resources; or
(IV) the nature of the capability or set of capabilities to be achieved; or
(ii) because such acquisition is a joint acquisition.
(5) Level 2 acquisition.— The term “Level 2 acquisition” means an acquisition by the Coast Guard—
(A) the estimated life-cycle costs of which are equal to or less than $1,000,000,000, but greater than $300,000,000; or
(B) the estimated total acquisition costs of which are equal to or less than $300,000,000, but greater than $100,000,000.
(6) Life-cycle cost.— The term “life-cycle cost” means all costs for development, procurement, construction, and operations and support for a particular capability or asset, without regard to funding source or management control.
(7) Major acquisition program.— The term “major acquisition program” means an ongoing acquisition undertaken by the Coast Guard with a life-cycle cost estimate greater than or equal to $300,000,000.
(8) Project or program manager defined.— The term “project or program manager” means an individual designated—
(A) to develop, produce, and deploy a new asset to meet identified operational requirements; and
(B) to manage cost, schedule, and performance of the acquisition, project, or program.
(9) Safety concern.— The term “safety concern” means any hazard associated with a capability or asset or a subsystem of a capability or asset that is likely to cause serious bodily injury or death to a typical Coast Guard user in testing, maintaining, repairing, or operating the capability, asset, or subsystem or any hazard associated with the capability, asset, or subsystem that is likely to cause major damage to the capability, asset, or subsystem during the course of its normal operation by a typical Coast Guard user.
(10) Developmental test and evaluation.— The term “developmental test and evaluation” means—
(A) the testing of a capability or asset and the subsystems of the capability or asset to determine whether they meet all contractual performance requirements, including technical performance requirements, supportability requirements, and interoperability requirements and related specifications; and
(B) the evaluation of the results of such testing.
(11) Operational test and evaluation.— The term “operational test and evaluation” means—
(A) the testing of a capability or asset and the subsystems of the capability or asset, under conditions similar to those in which the capability or asset and subsystems will actually be deployed, for the purpose of determining the effectiveness and suitability of the capability or asset and subsystems for use by typical Coast Guard users to conduct those missions for which the capability or asset and subsystems are intended to be used; and
(B) the evaluation of the results of such testing.
(Added Pub. L. 111281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2948, § 581; amended Pub. L. 114120, title II, § 209(8), Feb. 8, 2016, 130 Stat. 41; Pub. L. 114328, div. A, title VIII, § 899(b)(1)(F), Dec. 23, 2016, 130 Stat. 2334; Pub. L. 115232, div. C, title XXXV, § 3531(c)(8), Aug. 13, 2018, 132 Stat. 2320; renumbered § 1171 and amended Pub. L. 115282, title I, §§ 108(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4208, 4240.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282, § 108(b), renumbered section 581 of this title as this section. Par. (2). Pub. L. 115282, § 123(b)(2), substituted “section 308” for “section 56”. Pars. (4) to (12). Pub. L. 115232 redesignated pars. (5) to (12) as (4) to (11), respectively, and struck out former par. (4) which defined “Commandant” as the Commandant of the Coast Guard. 2016—Par. (3). Pub. L. 114328, § 899(b)(1)(F)(ii), added par. (3). Former par. (3) redesignated (4). Pars. (4), (5). Pub. L. 114328, § 899(b)(1)(F)(i), redesignated pars. (3) and (4) as (4) and (5), respectively. Former par. (5) redesignated (6). Par. (5)(B). Pub. L. 114120 substituted “$300,000,000,” for “$300,000,0000,”. Pars. (6), (7). Pub. L. 114328, § 899(b)(1)(F)(i), redesignated pars. (5) and (6) as (6) and (7), respectively. Former par. (7) redesignated (9). Par. (8). Pub. L. 114328, § 899(b)(1)(F)(iii), added par. (8). Former par. (8) redesignated (10). Pars. (9) to (12). Pub. L. 114328, § 899(b)(1)(F)(i), redesignated pars. (7) to (10) as (9) to (12), respectively.
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# 14 U.S.C. § 1181 - Special appropriations
## Text
In addition to amounts otherwise available, there is appropriated to the Coast Guard for fiscal year 2025, out of any money in the Treasury not otherwise appropriated, $24,593,500,000, to remain available until September 30, 2029, notwithstanding paragraphs (1) and (2) of section 1105(a) and sections 1131, 1132, 1133, and 1156, to use expedited processes to procure or acquire new operational assets and systems, to maintain existing assets and systems, to design, construct, plan, engineer, and improve necessary shore infrastructure, and to enhance operational resilience for monitoring, search and rescue, interdiction, hardening of maritime approaches, and navigational safety, of which—
(1) $1,142,500,000 is provided for procurement and acquisition of fixed-wing aircraft, equipment related to such aircraft and training simulators and program management for such aircraft, to provide for security of the maritime border;
(2) $2,283,000,000 is provided for procurement and acquisition of rotary-wing aircraft, equipment related to such aircraft and training simulators and program management for such aircraft, to provide for security of the maritime border;
(3) $266,000,000 is provided for procurement and acquisition of long-range unmanned aircraft and base stations, equipment related to such aircraft and base stations, and program management for such aircraft and base stations, to provide for security of the maritime border;
(4) $4,300,000,000 is provided for procurement of Offshore Patrol Cutters, equipment related to such cutters, and program management for such cutters, to provide operational presence and security of the maritime border and for interdiction of persons and controlled substances;
(5) $1,000,000,000 is provided for procurement of Fast Response Cutters, equipment related to such cutters, and program management for such cutters, to provide operational presence and security of the maritime border and for interdiction of persons and controlled substances;
(6) $4,300,000,000 is provided for procurement of Polar Security Cutters, equipment related to such cutters, and program management for such cutters, to ensure timely presence of the Coast Guard in the Arctic and Antarctic regions;
(7) $3,500,000,000 is provided for procurement of Arctic Security Cutters, equipment related to such cutters, and program management for such cutters, to ensure timely presence of the Coast Guard in the Arctic and Antarctic regions;
(8) $816,000,000 is provided for procurement of light and medium icebreaking cutters, and equipment relating to such cutters, from shipyards that have demonstrated success in the cost-effective application of design standards and in delivering, on schedule and within budget, vessels of a size and tonnage that are not less than the size and tonnage of the cutters described in this paragraph, and for program management for such cutters, to expand domestic icebreaking capacity;
(9) $162,000,000 is provided for procurement of Waterways Commerce Cutters, equipment related to such cutters, and program management for such cutters, to support aids to navigation, waterways and coastal security, and search and rescue in inland waterways;
(10) $4,379,000,000 is provided for design, planning, engineering, recapitalization, construction, rebuilding, and improvement of, and program management for, shore facilities, of which—
(A) $425,000,000 is provided for design, planning, engineering, construction of, and program management for—
(i) the enlisted boot camp barracks and multi-use training center; and
(ii) other related facilities at the enlisted boot camp;
(B) $500,000,000 is provided for—
(i) construction, improvement, and dredging at the Coast Guard Yard; and
(ii) acquisition of a floating drydock for the Coast Guard Yard;
(C) not more than $2,729,500,000 is provided for homeports and hangars for cutters and aircraft for which funds are appropriated under paragraph (1) through (9); and
(D) $300,000,000 is provided for homeporting of the existing polar icebreaker commissioned into service in 2025;
(11) $2,200,000,000 is provided for aviation, cutter, and shore facility depot maintenance and maintenance of command, control, communication, computer, and cyber assets;
(12) $170,000,000 is provided for improving maritime domain awareness on the maritime border, at United States ports, at land-based facilities and in the cyber domain; and
(13) $75,000,000 is provided to contract the services of, acquire, or procure autonomous maritime systems.
(Added Pub. L. 11921, title IV, § 40001(a), July 4, 2025, 139 Stat. 127.)
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title: "14 U.S.C. § 1902"
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title_name: "COAST GUARD"
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citation: "14 U.S.C. § 1902"
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# 14 U.S.C. § 1902 - Academy policy and report on covered misconduct
## Text
(a) Required Policy.— The Commandant shall direct the Superintendent of the Coast Guard Academy to prescribe a policy on sexual harassment and sexual violence applicable to the cadets and other personnel of the Academy.
(b) Matters To Be Specified in Policy.— The policy on sexual harassment and sexual violence under this section shall include specification of the following:
(1) Programs to promote awareness of the incidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that involve cadets or other Academy personnel.
(2) Information about how the Coast Guard and the Academy will protect the confidentiality of victims of sexual harassment or sexual violence, including how any records, statistics, or reports intended for public release will be formatted such that the confidentiality of victims is not jeopardized.
(3) Procedures that cadets and other Academy personnel should follow in the case of an occurrence of sexual harassment or sexual violence, including—
(A) if the victim chooses to report an occurrence of sexual harassment or sexual violence, a specification of the individual or individuals to whom the alleged offense should be reported and options for confidential reporting, including written information to be given to victims that explains how the Coast Guard and the Academy will protect the confidentiality of victims;
(B) a specification of any other individual whom the victim should contact; and
(C) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault.
(4) Procedures for disciplinary action in cases of criminal sexual assault involving a cadet or other Academy personnel.
(5) Sanctions authorized to be imposed in a substantiated case of sexual harassment or sexual violence involving a cadet or other Academy personnel, including with respect to rape, acquaintance rape, or other criminal sexual offense, whether forcible or nonforcible.
(6) Required training on the policy for all cadets and other Academy personnel who process allegations of sexual harassment or sexual violence involving a cadet or other Academy personnel.
(c) Assessment.— (1) In general.— The Commandant shall direct the Superintendent of the Coast Guard Academy to conduct at the Coast Guard Academy during each Academy program year an assessment to determine the effectiveness of the policies of the Academy with respect to covered misconduct involving cadets or other military or civilian personnel of the Academy.
(2) Biennial survey.— For the assessment at the Academy under paragraph (1) with respect to an Academy program year that begins in an odd-numbered calendar year, the Superintendent shall conduct a survey of cadets and other military and civilian personnel of the Academy—
(A) to measure the incidence, during such program year—
(i) of covered misconduct events, on or off the Academy campus, that have been reported to an official of the Academy;
(ii) of covered misconduct events, on or off the Academy campus, that have not been reported to an official of the Academy; and
(iii) of retaliation related to a report of a covered misconduct event, on or off the Academy campus; and
(B) to assess the perceptions of the cadets and other military and civilian personnel of the Academy with respect to—
(i) the Academys policies, training, and procedures on covered misconduct involving cadets and other military and civilian personnel of the Academy;
(ii) the enforcement of such policies;
(iii) the incidence of covered misconduct involving cadets and other military and civilian personnel of the Academy; and
(iv) any other issues relating to covered misconduct involving cadets and other military and civilian personnel of the Academy.
(d) Report.— (1) In general.— Not earlier than 1 year after the date of enactment of the Coast Guard Authorization Act of 2025, and each March 1 thereafter through March 1, 2031, the Commandant shall direct the Superintendent to submit to the Commandant a report on incidents of covered misconduct and retaliation for reporting of covered misconduct involving cadets or other military and civilian personnel of the Academy.
(2) Elements.— (A) In general.— Each report required under paragraph (1) shall include the following:
(i) Information and data on all incidents of covered misconduct and retaliation described in paragraph (1) reported to the Superintendent or any other official of the Academy during the preceding Academy program year (referred to in this subsection as a “reported incident”),
(ii) The number of reported incidents committed against a cadet or any other military or civilian personnel of the Academy.
(iii) The number of reported incidents committed by a cadet or any other military or civilian personnel of the Academy.
(iv) Information on reported incidents, in accordance with the policy prescribed under section 549G(b) of the National Defense Authorization Act for Fiscal Year 2022 (10 U.S.C. 1561 note), to the maximum extent practicable.
(v) The number of reported incidents that were entered into the Catch a Serial Offender system, including the number of such incidents that resulted in the identification of a potential or confirmed match.
(vi) The number of reported incidents that were substantiated (referred to in this subsection as a “substantiated reported incident”).
(vii) A synopsis of each substantiated reported incident that includes—
(I) a brief description of the nature of the incident;
(II) whether the accused cadet or other military or civilian personnel of the Academy had previously been convicted of sexual assault; and
(III) whether alcohol or other controlled or prohibited substances were involved in the incident, and a description of the involvement.
(viii) The type of case disposition associated with each substantiated reported incident, such as—
(I) conviction and sentence by court-martial, including charges and specifications for which convicted;
(II) acquittal of all charges at court-martial;
(III) as appropriate, imposition of a nonjudicial punishment under section 815 of title 10 (article 15 of the Uniform Code of Military Justice);
(IV) as appropriate, administrative action taken, including a description of each type of such action imposed;
(V) dismissal of all charges, including a description of each reason for dismissal and the stage at which dismissal occurred; and
(VI) whether the accused cadet or other military or civilian personnel of the Academy was administratively separated or, in the case of an officer, allowed to resign in lieu of court martial, and the characterization (honorable, general, or other than honorable) of the service of the military member upon separation or resignation.
(ix) With respect to any incident of covered misconduct involving cadets or other military and civilian personnel of the Academy reported to the Superintendent or any other official of the Academy during the preceding Academy program year that involves a report of retaliation relating to the incident—
(I) a narrative description of the retaliation claim;
(II) the nature of the relationship between the complainant and the individual accused of committing the retaliation; and
(III) the nature of the relationship between the individual accused of committing the covered misconduct and the individual accused of committing the retaliation.
(x) With respect to any investigation of a reported incident—
(I) whether the investigation is in open or completed status;
(II) an identification of the investigating entity;
(III) whether a referral has been made to outside law enforcement entities;
(IV) in the case of an investigation that is complete, a description of the results of such an investigation and information with respect to whether the results of the investigation were provided to the complainant; and
(V) whether the investigation substantiated an offense under chapter 47 of title 10 (the Uniform Code of Military Justice).
(B) Format.— With respect to the information and data required under subparagraph (A), the Commandant shall report such information and data separately for each type of covered misconduct offense, and shall not aggregate the information and data for multiple types of covered misconduct offenses.
(3) Trends.— Subject to subsection (f), beginning on the date of enactment of the Coast Guard Authorization Act of 2025, each report required under paragraph (1) shall include an analysis of trends in incidents described in paragraph (1), as applicable, since the date of enactment of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112213).
(4) Response.— Each report required under paragraph (1) shall include, for the preceding Academy program year, a description of the policies, procedures, processes, initiatives, investigations (including overarching investigations), research, or studies implemented by the Commandant in response to any incident described in paragraph (1) involving a cadet or any other military or civilian personnel of the Academy.
(5) Plan.— Each report required under paragraph (1) shall include a plan for actions to be taken during the year following the Academy program year covered by the report to enhance the prevention of and response to incidents of covered misconduct and retaliation for reporting of covered misconduct involving cadets or other military or civilian personnel of the Academy.
(6) Covered misconduct prevention and response activities.— Each report required under paragraph (1) shall include an assessment of the adequacy of covered misconduct prevention and response carried out by the Academy during the preceding Academy program year.
(7) Contributing factors.— Each report required under paragraph (1) shall include, for incidents of covered misconduct and retaliation for reporting of covered misconduct involving cadets or other military or civilian personnel of the Academy—
(A) an analysis of the factors that may have contributed to such incidents;
(B) an assessment of the role of such factors in contributing to such incidents during such Academy program year; and
(C) recommendations for mechanisms to eliminate or reduce such contributing factors.
(8) Biennial survey.— Each report under paragraph (1) for an Academy program year that begins in an odd-numbered calendar year shall include the results of the survey conducted under subsection (c)(2) in such Academy program year.
(9) Focus groups.— For each Academy program year with respect to which the Superintendent is not required to conduct a survey at the Academy under subsection (c)(2), the Commandant shall require focus groups to be conducted at the Academy for the purpose of ascertaining information relating to covered misconduct issues at the Academy.
(10) Submission of report; briefing.— (A) Submission.— Not later than 270 days after the date on which the Commandant receives a report from the Superintendent under paragraph (1), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, as an enclosure or appendix to the report required by section 5112 11 So in original. Probably should be followed by “of this title”.—
(i) the report of the Superintendent;
(ii) the comments of the Commandant with respect to the report; and
(iii) relevant information gathered during a focus group under subparagraph (A) 22 So in original. Probably should be “paragraph (9)”. during the Academy program year covered by the report, as applicable.
(B) Briefing.— Not later than 180 days after the date on which the Commandant submits a report under subparagraph (A), the Commandant shall provide a briefing on the report submitted under subparagraph (A) to—
(i) the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and
(ii) the Secretary of Homeland Security.
(e) Victim Confidentiality.— To the extent that information collected or reported under the authority of this section, such information shall be provided in a form that is consistent with applicable privacy protections under Federal law and does not jeopardize the confidentiality of victims.
(f) Continuity of Data and Reporting.— In carrying out this section, the Commandant shall ensure the continuity of data collection and reporting such that the ability to analyze trends is not compromised.
(g) Consideration of Request for Transfer of Cadet Who Is the Victim of Sexual Assault or Related Offense.— (1) In general.— The Commandant shall provide for timely consideration of and action on a request submitted by a cadet appointed to the Coast Guard Academy who is the victim of an alleged sexual assault or other offense covered by section 920, 920c, or 930 of title 10 (article 120, 120c, or 130 of the Uniform Code of Military Justice) for transfer to another military service academy or to enroll in a Senior Reserve Officers Training Corps program affiliated with another institution of higher education.
(2) Regulations.— The Commandant, in consultation with the Secretary of Defense, shall establish policies to carry out this subsection that—
(A) provide that the Superintendent shall ensure that any cadet who has been appointed to the Coast Guard Academy is informed of the right to request a transfer pursuant to this subsection, and that any formal request submitted by a cadet who alleges an offense referred to in paragraph (1) is processed as expeditiously as practicable through the chain of command for review and action by the Superintendent;
(B) direct the Superintendent, in coordination with the Superintendent of the military service academy to which the cadet requests to transfer—
(i) to take action on a request for transfer under this subsection not later than 5 calendar days after receiving the formal request from the cadet;
(ii) to approve such request for transfer unless there are exceptional circumstances that require denial of the request;
(iii) upon approval of such request for transfer, to take all necessary and appropriate action to effectuate the transfer of the cadet to the military service academy concerned as expeditiously as possible, subject to the considerations described in clause (iv); and
(iv) in determining the transfer date of the cadet to the military service academy concerned, to take into account—
(I) the preferences of the cadet, including any preference to delay transfer until the completion of any academic course in which the cadet is enrolled at the time of the request for transfer; and
(II) the well-being of the cadet; and
(C) direct the Superintendent of the Coast Guard Academy, in coordination with the Secretary of the military department that sponsors the Senior Reserve Officers Training Corps program at the institution of higher education to which the cadet requests to transfer—
(i) to take action on a request for transfer under this subsection not later than 5 calendar days after receiving the formal request from the cadet;
(ii) subject to the cadets acceptance for admission to the institution of higher education to which the cadet wishes to transfer, to approve such request for transfer unless there are exceptional circumstances that require denial of the request;
(iii) to take all necessary and appropriate action to effectuate the cadets enrollment in the institution of higher education to which the cadet wishes to transfer and to process the cadet for participation in the relevant Senior Reserve Officers Training Corps program as expeditiously as possible, subject to the considerations described in clause (iv); and
(iv) in determining the transfer date of the cadet to the institution of higher education to which the cadet wishes to transfer, to take into account—
(I) the preferences of the cadet, including any preference to delay transfer until the completion of any academic course in which the cadet is enrolled at the time of the request for transfer; and
(II) the well-being of the cadet.
(3) Review.— If the Superintendent denies a request for transfer under this subsection, the cadet may request review of the denial by the Secretary, who shall take action on such request for review not later than 5 calendar days after receipt of such request.
(4) Confidentiality.— The Secretary shall ensure that all records of any request, determination, transfer, or other action under this subsection remain confidential, consistent with applicable law and regulation.
(5) Effect of other law.— A cadet who transfers under this subsection may retain the cadets appointment to the Coast Guard Academy or may be appointed to the military service academy to which the cadet transfers without regard to the limitations and requirements set forth in sections 7442, 8454, and 9442 of title 10.
(6) Commission as officer in the coast guard.— (A) In general.— Upon graduation, a graduate of the United States Military Academy, the United States Air Force Academy, or the United States Naval Academy who transferred to that academy under this subsection is entitled to be accepted for appointment as a permanent commissioned officer in the Regular Coast Guard in the same manner as graduates of the Coast Guard Academy, as set forth in section 2101 of this title.
(B) Commission as officer in other armed force.— (i) In general.— A cadet who transfers under this subsection to the United States Military Academy, the United States Air Force Academy, or the United States Naval Academy and indicates a preference pursuant to clause (ii) may be appointed as a commissioned officer in an armed force associated with the academy from which the cadet graduated.
(ii) Statement of preference.— A cadet seeking appointment as a commissioned officer in an armed force associated with the academy from which the cadet graduated under clause (i) shall, before graduating from that academy, indicate to the Commandant that the cadet has a preference for appointment to that armed force.
(iii) Consideration by coast guard.— The Commandant shall consider a preference of a cadet indicated pursuant to clause (ii), but may require the cadet to serve as a permanent commissioned officer in the Regular Coast Guard instead of being appointed as a commissioned officer in an armed force associated with the academy from which the cadet graduated.
(iv) Treatment of service agreement.— With respect to a service agreement entered into under section 1925 of this title by a cadet who transfers under this subsection to the United States Military Academy, the United States Air Force Academy, or the United States Naval Academy and is appointed as a commissioned officer in an armed force associated with that academy, the service obligation undertaken under such agreement shall be considered to be satisfied upon the completion of 5 years of active duty service in the service of such armed force.
(C) Senior reserve officers training corps program.— A cadet who transfers under this subsection to a Senior Reserve Officers Training Corps program affiliated with another institution of higher education is entitled upon graduation from the Senior Reserve Officers Training program to commission into the Coast Guard, as set forth in section 3738a of this title.
(h) Room Reassignment.— Coast Guard Academy cadets may request room reassignment if experiencing discomfort due to Coast Guard Academy rooming assignments, consistent with policy.
(Added Pub. L. 112213, title II, § 205(a), Dec. 20, 2012, 126 Stat. 1543, § 200; amended Pub. L. 115232, div. C, title XXXV, § 3531(c)(9), Aug. 13, 2018, 132 Stat. 2320; renumbered § 1902, Pub. L. 115282, title I, § 110(b), Dec. 4, 2018, 132 Stat. 4212; Pub. L. 116283, div. G, title LVXXXV [LXXXV], § 8505(a)(11), Jan. 1, 2021, 134 Stat. 4748; Pub. L. 11960, div. G, title LXXII, § 7241(a), Dec. 18, 2025, 139 Stat. 1716.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the Coast Guard Authorization Act of 2025, referred to in subsec. (d)(1), (3), is the date of enactment of div. G of Pub. L. 11960, which was approved Dec. 18, 2025. Section 549G(b) of the National Defense Authorization Act for Fiscal Year 2022, referred to in subsec. (d)(2)(A)(iv), is section 549G(b) of Pub. L. 11781, which is set out as a note under section 1561 of Title 10, Armed Forces. The date of enactment of the Coast Guard and Maritime Transportation Act of 2012, referred to in subsec. (d)(3), is the date of enactment of Pub. L. 112213, which was approved Dec. 20, 2012.
Amendments2025—Pub. L. 11960, § 7241(a)(1), substituted “Academy policy and report on covered misconduct” for “Policy on sexual harassment and sexual violence” in section catchline. Subsecs. (c) to (h). Pub. L. 11960, § 7241(a)(2), added subsecs. (c) to (h) and struck out former subsecs. (c) to (e) which related to assessment, report, and victim confidentiality, respectively. 2021—Subsec. (b)(3)(A). Pub. L. 116283, § 8505(a)(11)(A), substituted “individual or individuals” for “person or persons”. Subsec. (b)(3)(B). Pub. L. 116283, § 8505(a)(11)(B), substituted “individual” for “person”. 2018—Pub. L. 115282 renumbered section 200 of this title as this section. Subsec. (a). Pub. L. 115232 substituted “Commandant” for “Commandant of the Coast Guard”.
Statutory Notes and Related Subsidiaries
Electronic Locking Mechanisms to Ensure Coast Guard Academy Cadet Room SecurityPub. L. 11960, div. G, title LXXII, § 7248, Dec. 18, 2025, 139 Stat. 1731, provided that: “(a) In General.—Not later than 2 years after the date of enactment of this Act [Dec. 18, 2025], the Commandant [of the Coast Guard], in consultation with the Superintendent of the Coast Guard Academy (referred to in this section as the Superintendent), shall—“(1) install an electronic locking mechanism for each room at the Coast Guard Academy within which 1 or more Coast Guard Academy cadets reside overnight; “(2) test each such mechanism not less than once every 6 months for proper function and maintained [sic] in proper working order; and “(3) use a system that electronically records the date, time, and identity of each individual who accesses a cadet room using an electronic access token, code, card, or other electronic means, which shall be maintained in accordance with the general schedule for records retention, or a period of five years, whichever is later. “(b) Electronic Locking Mechanisms.—“(1) In general.—Each electronic locking mechanism described in subsection (a) shall be coded in a manner that provides access to a room described in such subsection only to—“(A) the 1 or more cadets assigned to the room; and “(B) such Coast Guard Academy officers, administrators, staff, or security personnel, including personnel of the Coast Guard Investigative Service, as are necessary to access the room in the event of an emergency. “(2) Existing mechanisms.—Not later than 30 days after the date of enactment of this Act, the Superintendent shall ensure that electronic locking mechanisms installed in academic buildings of the Coast Guard Academy, Chase Hall common spaces, and in any other location at the Coast Guard Academy are maintained in proper working order. “(c) Access Policy Instruction.—Not later than 1 year after the date of enactment of this Act, the Superintendent shall promulgate a policy regarding cadet room security policies and procedures, which shall include, at a minimum—“(1) a prohibition on sharing with any other cadet, employee, or other individual electronic access tokens, codes, cards, or other electronic means of accessing a cadet room; “(2) procedures for resetting electronic locking mechanisms in the event of a lost, stolen, or otherwise compromised electronic access token, code, card, or other electronic means of accessing a cadet room; “(3) procedures to maintain the identity of each individual who accesses a cadet room using an electronic access token, code, card, or other electronic means, while ensuring the security of personally identifiable information and protecting the privacy of any such individual, as appropriate; “(4) procedures by which cadets may report to the chain of command the malfunction of an electronic locking mechanism; and “(5) a schedule of testing to ensure the proper functioning of electronic locking mechanisms. “(d) Minimum Training Requirements.—The Superintendent shall ensure that each Coast Guard Academy cadet receives, not later than 1 day after the date of the initial arrival of the cadet at the Coast Guard Academy, an initial training session, and any other training the Superintendent considers necessary, on—“(1) the use of electronic locking mechanisms installed under this section; and “(2) the policy promulgated under subsection (c).”
Required Posting of InformationPub. L. 11960, div. G, title LXXII, § 7250, Dec. 18, 2025, 139 Stat. 1733, provided that: “The Commandant [of the Coast Guard] shall ensure that, in each building at the Coast Guard Academy that contains a dormitory or other overnight accommodations for cadets or officer candidates, written information is posted in a visible location with respect to— “(1) the methods and means by which a cadet or officer candidate may report a crime, including harassment, sexual assault, sexual harassment, and any other offense; “(2) the contact information for the Coast Guard Investigative Service; “(3) external resources for—“(A) wellness support; “(B) work-life; “(C) medical services; and “(D) support relating to behavioral health, civil rights, sexual assault, and sexual harassment; and “(4) cadet and officer candidate rights with respect to reporting incidents to the Coast Guard Investigative Service, civilian authorities, the Office of the Inspector General of the department in which the Coast Guard is operating, and any other applicable entity.”
Review and Modification of Coast Guard Academy Policy on Sexual Harassment and Sexual ViolencePub. L. 11960, div. G, title LXXII, § 7252, Dec. 18, 2025, 139 Stat. 1734, provided that: “(a) In General.—The Superintendent of the Coast Guard Academy (referred to in this section as the Superintendent) shall—“(1) not later than 60 days after the date of enactment of this Act [Dec. 18, 2025], commence a review of the Coast Guard Academy policy on sexual harassment and sexual violence established in accordance with section 1902 of title 14, United States Code, that includes an evaluation as to whether any long-standing Coast Guard Academy tradition, system, process, or internal policy impedes the implementation of necessary evidence-informed best practices followed by other military service academies in prevention, response, and recovery relating to sexual harassment and sexual violence; and “(2) not later than 180 days after the date of enactment of this Act—“(A) complete such review; and “(B) modify such policy in accordance with subsection (b). “(b) Modifications to Policy.—In modifying the Coast Guard Academy policy on sexual harassment and sexual violence referred to in subsection (a), the Superintendent shall ensure that such policy includes the following:“(1) Each matter required to be specified by section 1902(b) of title 14, United States Code. “(2) Updates to achieve compliance with chapter 47 of title 10, United States Code (Uniform Code of Military Justice). “(3) A description of the roles and responsibilities of staff of the Coast Guard Academy Sexual Assault Prevention, Response, and Recovery program, including—“(A) the Sexual Assault Response Coordinator; “(B) the Victim Advocate Program Specialist; “(C) the Volunteer Victim Advocate; and “(D) the Primary Prevention Specialist, as established under subsection (c). “(4) A description of the role of the Coast Guard Investigative Service with respect to sexual harassment and sexual violence prevention, response, and recovery at the Coast Guard Academy. “(5) A description of the role of support staff at the Coast Guard Academy, including chaplains, with respect to sexual harassment and sexual violence prevention, response, and recovery. “(6) Measures to promote awareness of dating violence. “(7) A delineation of the relationship between—“(A) cadet advocacy groups organized for the prevention of, response to, and recovery from sexual harassment and sexual violence, including Cadets Against Sexual Assault; and “(B) the staff of the Coast Guard Academy Sexual Assault Prevention, Response, and Recovery program. “(8) A provision that requires cadets and Coast Guard Academy personnel to participate in not fewer than one in-person training each academic year on the prevention of, responses to, and resources relating to incidents of sexual harassment and sexual violence, to be provided by the staff of the Coast Guard Academy Sexual Assault Prevention, Response, and Recovery program. “(9) The establishment, revision, or expansion, as necessary, of an anti-retaliation Superintendents Instruction for cadets who—“(A) report incidents of sexual harassment or sexual violence; “(B) participate in cadet advocacy groups that advocate for the prevention of, response to, and recovery from sexual harassment and sexual violence; or “(C) seek assistance from a company officer, company senior enlisted leader, athletic coach, or other Coast Guard Academy staff member with respect to a mental health or other medical emergency. “(10) A provision that explains the purpose of and process for issuance of a no-contact order at the Coast Guard Academy, including a description of the manner in which such an order shall be enforced. “(11) A provision that explains the purpose of and process for issuance of a military protective order at the Coast Guard Academy, including a description of—“(A) the manner in which such an order shall be enforced; and “(B) the associated requirement to notify the National Criminal Information Center of the issuance of such an order. “(c) Primary Prevention Specialist.—Not later than 180 days after the date of enactment of this Act, the Superintendent shall hire a Primary Prevention Specialist, to be located and serve at the Coast Guard Academy. “(d) Temporary Leave of Absence to Receive Medical Services and Mental Health and Related Support Services.—The Superintendent shall ensure that the Academys policy regarding a cadet who has made a restricted or unrestricted report of sexual harassment to request a leave of absence from the Coast Guard Academy is consistent with other military service academies.”
Policy for Military Service Academies on Separation of Alleged Victims and Alleged Perpetrators in Incidents of Sexual AssaultSecretary of Defense to consult with Secretaries of the military departments and Superintendent of each military service academy and prescribe in regulations a policy that allows a cadet or midshipman of a military service academy who is the alleged victim or alleged perpetrator of a sexual assault to complete their course of study at the academy with minimal disruption and does not preclude the academy from taking other administrative or disciplinary action, see section 539 of Pub. L. 116283, set out as a note under section 7461 of Title 10, Armed Forces.
Expedited Transfer in Cases of Sexual Assault; Dependents of Members of the Coast GuardPub. L. 116283, div. G, title LVXXXII [LXXXII], § 8282, Jan. 1, 2021, 134 Stat. 4688, provided that: “Not later than 180 days after the date of the enactment of this Act [Jan. 1, 2021], the Commandant [of the Coast Guard] shall establish a policy to allow the transfer of a member of the Coast Guard whose dependent is the victim of sexual assault perpetrated by a member of the Armed Forces who is not related to the victim.”
Applicability of Sexual Assault Prevention and Response and Related Military Justice Enhancements to Coast Guard AcademyPub. L. 113291, div. A, title V, § 552(b), Dec. 19, 2014, 128 Stat. 3377, provided that: “The Secretary of the Department in which the Coast Guard is operating shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 11366; 127 Stat. 950) [see Tables for classification], including amendments made by that title, and the provisions of subtitle D [§§ 531547 of title V of div. A of Pub. L. 113291; see Tables for classification], including amendments made by such subtitle, apply to the Coast Guard Academy.”
@@ -0,0 +1,161 @@
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# 14 U.S.C. § 1903 - Annual Board of Visitors
## Text
(a) In General.— A Board of Visitors to the Coast Guard Academy is established to review and make recommendations on the operation of the Academy.
(b) Membership.— (1) In general.— The membership of the Board shall consist of the following:
(A) The chairperson of the Committee on Commerce, Science, and Transportation of the Senate, or a member of such Committee designated by such chairperson.
(B) The chairperson of the Committee on Transportation and Infrastructure of the House of Representatives, or a member of such Committee designated by such chairperson.
(C) 3 Senators appointed by the Vice President.
(D) 4 Members of the House of Representatives appointed by the Speaker of the House of Representatives.
(E) 2 Senators appointed by the Vice President, each of whom shall be selected from among members of the Committee on Appropriations of the Senate.
(F) 2 Members of the House of Representatives appointed by the Speaker of the House of Representatives, each of whom shall be selected from among members of the Committee on Appropriations of the House of Representatives.
(G) 6 individuals designated by the President.
(2) Timing of appointments of members.— (A) Senators.— If any member of the Board described in paragraph (1)(C) is not appointed by the date that is 180 days after the date on which the first session of each Congress convenes, the chair and ranking member of the subcommittee of the Committee on Commerce, Science, and Transportation of the Senate with jurisdiction over the authorization of appropriations of the Coast Guard shall be members of the Board until the date on which the second session of such Congress adjourns sine die.
(B) Members of the house of representatives.— If any member of the Board described in paragraph (1)(D) is not appointed by the date that is 180 days after the date on which the first session of each Congress convenes, the chair and ranking member of the subcommittee of the Committee on Transportation and Infrastructure of the House of Representatives with jurisdiction over the authorization of appropriations for the Coast Guard shall be members of the Board until the date on which the second session of such Congress adjourns sine die.
(C) Members of the committee on appropriations of the senate.— If any member of the Board described in paragraph (1)(E) is not appointed by the date that is 180 days after the date on which the first session of each Congress convenes, the chair and ranking member of the subcommittee of the Committee on Appropriations of the Senate with jurisdiction over appropriations for the Coast Guard shall be members of the Board until the date on which the second session of such Congress adjourns sine die.
(D) Members of the committee on appropriations of the house of representatives.— If any member of the Board described in paragraph (1)(F) is not appointed by the date that is 180 days after the date on which the first session of each Congress convenes, the chair and ranking member of the subcommittee of the Committee on Appropriations of the House of Representatives with jurisdiction over appropriations for the Coast Guard shall be members of the Board until the date on which the second session of such Congress adjourns sine die.
(3) Chairperson.— (A) In general.— On a biennial basis and subject to paragraph (4), the Board shall select from among the members of the Board a Member of Congress to serve as the Chair of the Board.
(B) Rotation.— A Member of the House of Representatives and a Member of the Senate shall alternately be selected as the Chair of the Board.
(C) Term.— An individual may not serve as Chairperson of the Board for consecutive terms.
(4) Length of service.— (A) Members of congress.— A Member of Congress designated as a member of the Board under paragraph (1) shall be designated as a member in the first session of the applicable Congress and shall serve for the duration of such Congress.
(B) Individuals designated by the president.— Each individual designated by the President under paragraph (1)(G) shall serve as a member of the Board for 3 years, except that any such member whose term of office has expired shall continue to serve until a successor is appointed by the President.
(C) Death or resignation of a member.— If a member of the Board dies or resigns, a successor shall be designated for any unexpired portion of the term of the member by the official who designated the member.
(c) Academy Visits.— (1) Annual visit.— The Commandant shall invite each member of the Board, and any staff designated under subsection (e)(2)(A), to visit the Coast Guard Academy at least once annually to review the operation of the Academy.
(2) Additional visits.— With the approval of the Secretary, the Board or any members of the Board in connection with the duties of the Board may—
(A) make visits to the Academy in addition to the visits described in paragraph (1); or
(B) consult with—
(i) the Superintendent of the Academy; or
(ii) the faculty, staff, or cadets of the Academy.
(3) Access.— The Commandant shall ensure that the Board or any members of the Board who visits the Academy under this paragraph is provided reasonable access to the grounds, facilities, cadets, faculty, staff, and other personnel of the Academy for the purpose of carrying out the duties of the Board.
(d) Scope of Review.— The Board shall review, with respect to the Academy—
(1) the state of morale and discipline, including with respect to prevention of, response to, and recovery from sexual assault and sexual harassment;
(2) recruitment and retention, including diversity, inclusion, and issues regarding women specifically;
(3) the curriculum;
(4) instruction;
(5) physical equipment, including infrastructure, living quarters, and deferred maintenance;
(6) fiscal affairs; and
(7) other matters relating to the Academy that the Board determines appropriate.
(e) Administrative Matters.— (1) Meetings.— (A) In general.— Not less frequently than annually, the Board shall meet at a location chosen by the Commandant, in consultation with the Board, to conduct the review required by subsection (d).
(B) Chairperson and charter.— The Federal officer designated under subsection (g)(1)(B) shall organize a meeting of the Board for the purposes of—
(i) selecting a Chairperson of the Board under subsection (b)(3);
(ii) adopting an official charter for the Board, which shall establish the schedule of meetings of the Board; and
(iii) any other matter such designated Federal officer or the Board considers appropriate.
(C) Scheduling.— In scheduling a meeting of the Board, such designated Federal officer shall coordinate, to the greatest extent practicable, with the members of the Board to determine the date and time of the meeting.
(D) Notification.— Not less than 30 days before each scheduled meeting of the Board, such designated Federal officer shall notify each member of the Board of the time, date, and location of the meeting.
(2) Staff.— (A) Designation.— The chairperson and the ranking member of the Committee on Commerce, Science, and Transportation of the Senate and the chairperson and the ranking member of the Committee on Transportation and Infrastructure of the House of Representatives may each designate 1 staff member of each such Committees.
(B) Role.— Staff designated under subparagraph (A)—
(i) may attend and participate in visits and carry out consultations described under subsection (c)(1) and attend and participate in meetings described under paragraph (1); and
(ii) may not otherwise carry out duties or take actions reserved to members of the Board under this section.
(3) Advisors.— If approved by the Secretary, the Board may consult with advisors in carrying out the duties of the Board under this section.
(4) Reports.— (A) In general.— Not later than 60 days after the date on which the Board conducts a meeting of the Board under paragraph (1), the Commandant, in consultation with the Board, shall submit a report on the actions of the Board during the meeting and the recommendations of the Board pertaining to the Academy to—
(i) the Secretary;
(ii) the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate; and
(iii) the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives.
(B) Publication.— Each report submitted under this paragraph shall be published on a publicly accessible website of the Coast Guard.
(f) Disclosure.— The Commandant and the Superintendent of the Academy shall ensure candid and complete disclosure to the Board, consistent with applicable laws relating to disclosure of information, with respect to—
(1) each issue described in subsection (d); and
(2) any other issue the Board or the Commandant considers appropriate.
(g) Coast Guard Support.— (1) In general.— The Commandant shall—
(A) provide support to the Board, as Board considers necessary for the performance of the duties of the Board;
(B) designate a Federal officer to support the performance of the duties of the Board; and
(C) in cooperation with the Superintendent of the Academy, advise the Board of any institutional issues, consistent with applicable laws concerning the disclosure of information.
(2) Reimbursement.— Each member of the Board and each advisor consulted by the Board under subsection (e)(3) shall be reimbursed, to the extent permitted by law, by the Coast Guard for actual expenses incurred while engaged in duties as a member or advisor.
(h) Notification.— Not later than 30 days after the date on which the first session of each Congress convenes, the Commandant shall provide to the chairperson and ranking member of the Committee on Commerce, Science, and Transportation of the Senate and the chairperson and ranking member of the Committee on Transportation and Infrastructure of the House of Representatives, and the President notification of the requirements of this section.
(Aug. 4, 1949, ch. 393, 63 Stat. 510, § 194; Pub. L. 101595, title III, § 304, Nov. 16, 1990, 104 Stat. 2984; Pub. L. 107295, title IV, § 408(a)(1), Nov. 25, 2002, 116 Stat. 2117; Pub. L. 113281, title II, § 211, Dec. 18, 2014, 128 Stat. 3027; renumbered § 1903, Pub. L. 115282, title I, § 110(b), Dec. 4, 2018, 132 Stat. 4212; Pub. L. 116283, div. G, title LVXXXII [LXXXII], § 8277, Jan. 1, 2021, 134 Stat. 4687; Pub. L. 11781, div. A, title V, § 554(d), Dec. 27, 2021, 135 Stat. 1738; Pub. L. 11960, div. G, title LXXII, § 7242, Dec. 18, 2025, 139 Stat. 1723.)
## Notes
Historical and Revision NotesBased on title 14, U.S.C., 1946 ed., § 15h (Apr. 16, 1937, ch. 107, § 7, 50 Stat. 67; July 15, 1939, ch. 288, 53 Stat. 1044). Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments2025—Subsecs. (b), (c). Pub. L. 11960, § 7242(1), added subsecs. (b) and (c) and struck out former subsecs. (b) and (c) which related to membership and academy visits, respectively. Subsec. (d)(1). Pub. L. 11960, § 7242(2)(A), inserted “ ,including with respect to prevention of, response to, and recovery from sexual assault and sexual harassment” after “discipline”. Subsec. (d)(5). Pub. L. 11960, § 7242(2)(B), inserted “ ,including infrastructure, living quarters, and deferred maintenance” after “equipment”. Subsecs. (e) to (h). Pub. L. 11960, § 7242(3), added subsecs. (e) to (h) and struck out former subsecs. (e) to (g) which related to report, advisors, and reimbursement, respectively. 2021—Subsec. (b)(2)(B). Pub. L. 11781 substituted “is appointed by the President” for “is appointed”. Subsec. (d)(2) to (7). Pub. L. 116283 added par. (2) and redesignated former pars. (2) to (6) as (3) to (7), respectively. 2018—Pub. L. 115282 renumbered section 194 of this title as this section. 2014—Pub. L. 113281 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (f) relating to establishment and composition of Board of Visitors, designation of Members, absence of a Member or ex officio Member from an annual meeting, and annual visit to the Academy. 2002—Subsec. (b)(2), (5). Pub. L. 107295 substituted “Transportation and Infrastructure” for “Merchant Marine and Fisheries”. 1990—Pub. L. 101595 amended section generally. Prior to amendment, section read as follows: “(a) In addition to the Advisory Committee, there shall be appointed in January of each year a Board of Visitors to the Academy, consisting of two Senators and three members of the House of Representatives, appointed by the chairmen of the committees of the Senate and House of Representatives, respectively, having cognizance of legislation pertaining to the Academy, the chairmen of said committees being ex officio members of the Board, and of one Senator and two members of the House of Representatives appointed by the President of the Senate and the Speaker of the House of Representatives, respectively. Whenever a member or an ex officio member is unable to attend the annual meeting as provided in this section another member may be appointed in his stead in the manner as herein provided but without restriction as to month of appointment. “(b) Such Board shall visit the Academy annually on a date to be fixed by the Secretary. Each member of the Board shall be reimbursed from Coast Guard appropriations under Government travel regulations for the actual expense incurred by him while engaged in duties as a member of such Board, or such actual expenses as permitted under such regulations shall be defrayed by the Coast Guard.”
@@ -0,0 +1,55 @@
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# 14 U.S.C. § 1904 - Advisory Board on Women at the Coast Guard Academy
## Text
(a) In General.— The Superintendent of the Academy shall establish at the Coast Guard Academy an advisory board to be known as the Advisory Board on Women at the Coast Guard Academy (referred to in this section as the “Advisory Board”).
(b) Membership.— The Advisory Board shall be composed of not fewer than 12 current cadets of the Coast Guard Academy, including not fewer than 3 cadets from each current class.
(c) Appointment; Term.— Cadets shall serve on the Advisory Board pursuant to appointment by the Superintendent of the Academy. Appointments shall be made not later than 60 days after the date of the swearing in of a new class of cadets at the Academy. The term of membership of a cadet on the Advisory Board shall be 1 academic year.
(d) Reappointment.— The Superintendent of the Academy may reappoint not more than 6 cadets from the previous term to serve on the Advisory Board for an additional academic year if the Superintendent of the Academy determines such reappointment to be in the best interests of the Coast Guard Academy.
(e) Meetings.— The Advisory Board shall meet with the Commandant at least once each academic year on the activities of the Advisory Board. The Advisory Board shall meet in person with the Superintendent of the Academy not less than twice each academic year on the duties of the Advisory Board.
(f) Duties.— The Advisory Board shall identify opportunities and challenges facing cadets at the Academy who are women, including an assessment of culture, leadership development, and access to health care of cadets at the Academy who are women.
(g) Working Groups.— The Advisory Board may establish one or more working groups to assist the Advisory Board in carrying out its duties, including working groups composed in part of cadets at the Academy who are not current members of the Advisory Board.
(h) Reports and Briefings.— The Advisory Board shall regularly provide the Commandant and the Superintendent reports and briefings on the results of its duties, including recommendations for actions to be taken in light of such results. Such reports and briefings may be provided in writing, in person, or both.
(Added Pub. L. 116283, div. G, title LVXXXII [LXXXII], § 8215(b)(2), Jan. 1, 2021, 134 Stat. 4651.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1904 was renumbered section 1906 of this title.
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# 14 U.S.C. § 1905 - Coast Guard Academy minority outreach team program
## Text
(a) In General.— There is established within the Coast Guard Academy a minority outreach team program (in this section referred to as the “Program”) under which officers, including minority officers and officers from territories and other possessions of the United States, who are Academy graduates may volunteer their time to recruit minority students and strengthen cadet retention through mentorship of cadets.
(b) Administration.— Not later than January 1, 2021, the Commandant, in consultation with Program volunteers and Academy alumni that participated in prior programs at the Academy similar to the Program, shall appoint a permanent civilian position at the Academy to administer the Program by, among other things—
(1) overseeing administration of the Program;
(2) serving as a resource to volunteers and outside stakeholders;
(3) advising Academy leadership on recruitment and retention efforts based on recommendations from volunteers and outside stakeholders;
(4) establishing strategic goals and performance metrics for the Program with input from active volunteers and Academy leadership; and
(5) reporting annually to the Commandant on academic year and performance outcomes of the goals for the Program before the end of each academic year.
(Added Pub. L. 116283, div. G, title LVXXXII [LXXXII], § 8275(a), Jan. 1, 2021, 134 Stat. 4685.)
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# 14 U.S.C. § 1906 - Participation in Federal, State, or other educational research grants
## Text
(a) In General.— Notwithstanding any other provision of law, the United States Coast Guard Academy may compete for and accept Federal, State, or other educational research grants, subject to the following limitations:
(1) No award may be accepted for the acquisition or construction of facilities.
(2) No award may be accepted for the routine functions of the Academy.
(b) Qualified Organizations.— (1) In general.— The Commandant may—
(A) enter into a contract, cooperative agreement, lease, or licensing agreement with a qualified organization;
(B) allow a qualified organization to use, at no cost, personal property of the Coast Guard; and
(C) notwithstanding section 504, accept funds, supplies, and services from a qualified organization.
(2) Sole-source basis.— Notwithstanding chapter 65 of title 31 and sections 3201 through 3205 of title 10, the Commandant may enter into a contract or cooperative agreement under paragraph (1)(A) on a sole-source basis.
(3) Maintaining fairness, objectivity, and integrity.— The Commandant shall ensure that contributions under this subsection do not—
(A) reflect unfavorably on the ability of the Coast Guard, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner; or
(B) compromise the integrity or appearance of integrity of any program of the Coast Guard, or any individual involved in such a program.
(4) Limitation.— For purposes of this subsection, employees or personnel of a qualified organization shall not be employees of the United States.
(5) Qualified organization defined.— In this subsection the term “qualified organization” means an organization—
(A) described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; and
(B) established by the Coast Guard Academy Alumni Association solely for the purpose of supporting academic research and applying for and administering Federal, State, or other educational research grants on behalf of the Coast Guard Academy.
(Added Pub. L. 103206, title III, § 305(a), Dec. 20, 1993, 107 Stat. 2424, § 196; amended Pub. L. 114120, title II, § 218, Feb. 8, 2016, 130 Stat. 47; Pub. L. 115232, div. C, title XXXV, § 3531(c)(10), Aug. 13, 2018, 132 Stat. 2320; renumbered § 1904 and amended Pub. L. 115282, title I, §§ 110(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4212, 4240; renumbered § 1906, Pub. L. 116283, div. G, title LVXXXII [LXXXII], § 8215(b)(1), Jan. 1, 2021, 134 Stat. 4650; Pub. L. 11781, div. A, title XVII, § 1702(d)(3), Dec. 27, 2021, 135 Stat. 2156.)
## Notes
Editorial Notes
References in TextThe Internal Revenue Code of 1986, referred to in subsec. (b)(5)(A), is classified generally to Title 26, Internal Revenue Code.
Amendments2021—Pub. L. 116283 renumbered section 1904 of this title as this section. Subsec. (b)(2). Pub. L. 11781 substituted “sections 3201 through 3205” for “chapter 137”. 2018—Pub. L. 115282, § 110(b), renumbered section 196 of this title as this section. Subsec. (b)(1). Pub. L. 115232 substituted “Commandant” for “Commandant of the Coast Guard” in introductory provisions. Subsec. (b)(1)(C). Pub. L. 115282, § 123(b)(2), substituted “section 504” for “section 93”. 2016—Pub. L. 114120 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
@@ -0,0 +1,77 @@
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title: "14 U.S.C. § 1907"
description: "Coast Guard Academy Cadet Advisory Board"
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title_name: "COAST GUARD"
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# 14 U.S.C. § 1907 - Coast Guard Academy Cadet Advisory Board
## Text
(a) Establishment.— The Commandant shall establish within the Coast Guard Academy an advisory board to be known as the “Coast Guard Academy Cadet Advisory Board” (in this section referred to as the “Advisory Board”).
(b) Membership.— The Advisory Board shall be composed of not fewer than 12 cadets of the Coast Guard Academy who are enrolled at the Coast Guard Academy at the time of appointment, including not fewer than 3 cadets from each class.
(c) Appointment.— (1) In general.— Cadets shall be appointed to the Advisory Board by the Provost, in consultation with the Superintendent of the Coast Guard Academy.
(2) Application.— Cadets who are eligible for appointment to the Advisory Board shall submit an application for appointment to the Provost of the Coast Guard Academy, or a designee of the Provost, for consideration.
(d) Selection.— The Provost shall select eligible applicants who—
(1) are best suited to fulfill the duties described in subsection (g); and
(2) best represent the student body makeup at the Coast Guard Academy.
(e) Term.— (1) In general.— Appointments shall be made not later than 60 days after the date of the swearing in of a new class of cadets at the Coast Guard Academy.
(2) Term.— The term of membership of a cadet on the Advisory Board shall be 1 academic year.
(f) Meetings.— The Advisory Board shall meet in person with the Superintendent not less frequently than twice each academic year to discuss the activities of the Advisory Board.
(g) Duties.— The Advisory Board shall—
(1) identify challenges facing Coast Guard Academy cadets relating to—
(A) health and wellbeing;
(B) cadet perspectives and information with respect to sexual assault, sexual harassment and sexual violence prevention, response, and recovery at the Coast Guard Academy; and
(C) any other matter the Advisory Board considers important;
(2) discuss and propose possible solutions to such challenges, including improvements to leadership development at the Coast Guard Academy; and
(3) periodically review the efficacy of Coast Guard Academy academic, wellness, and other relevant programs and provide recommendations to the Commandant for improvement of such programs.
(h) Working Groups.— (1) In general.— The Advisory Board shall establish a working group composed, at least in part, of Coast Guard Academy cadets who are not current members of the Advisory Board and members of the Cadets Against Sexual Assault, or any similar successor organization, to assist the Advisory Board in carrying out the duties described in subsection (g)(1)(B).
(2) Other working groups.— The Advisory Board may establish such other working groups (which may be composed, at least in part, of Coast Guard Academy cadets who are not current members of the Advisory Board) as the Advisory Board finds to be necessary to carry out duties of the Board, other than the duties described in subparagraph (A) or (C) of subsection (g)(1).
(i) Reporting.— (1) Commandant and superintendent.— Not less frequently than once per academic semester, the Advisory Board shall submit a report or provide a briefing to the Commandant and the Superintendent on the results of the activities carried out in furtherance of the duties of the Advisory Board described in subsection (g), including recommendations for actions to be taken based on such results.
(2) Annual report.— The Advisory Board shall transmit to the Commandant, through the Provost and the Superintendent, an annual report at the conclusion of each academic year, containing the information and materials presented to the Commandant, Superintendent, or both, during each brief provided during such academic year.
(3) Congress.— Not later than 30 days after the receipt by the Commandant of a report under this subsection, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives any report or other materials provided to the Commandant and Superintendent under paragraph (1) and any other information related to the Advisory Board requested by the Committees.
(Added Pub. L. 11960, div. G, title LXXII, § 7243(a), Dec. 18, 2025, 139 Stat. 1727.)
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# 14 U.S.C. § 1908 - Authorization for use of Coast Guard Academy facilities and equipment by covered foundations
## Text
(a) Authority.— Subject to subsections (b) and (c), the Secretary, with the concurrence of the Superintendent of the Coast Guard Academy, may authorize a covered foundation to use, on a reimbursable or nonreimbursable basis as determined by the Secretary, facilities or equipment of the Coast Guard Academy.
(b) Prohibition.— The Secretary may not authorize any use of facilities or equipment under subsection (a) if such use may jeopardize the health, safety, or well-being of any member of the Coast Guard or cadet of the Coast Guard Academy.
(c) Limitations.— The Secretary may only authorize the use of facilities or equipment under subsection (a) if such use—
(1) is without any liability of the United States to the covered foundation;
(2) does not—
(A) affect the ability of any official or employee of the Coast Guard, or any member of the armed forces, to carry out any responsibility or duty in a fair and objective manner;
(B) compromise the integrity or appearance of integrity of any program of the Coast Guard, or any individual involved in any such program; or
(C) include the participation of any cadet of the Coast Guard Academy at an event of the covered foundation, other than participation of such a cadet in an honor guard;
(3) complies with any applicable ethics regulation; and
(4) has been reviewed and approved by an attorney of the Coast Guard.
(d) Issuance of Policies.— The Secretary shall issue Coast Guard policies to carry out this section.
(e) Briefing.— For any fiscal year in which the Secretary exercises the authority under subsection (a), not later than the last day of such fiscal year, the Commandant shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the number of events or activities of a covered foundation supported by such exercise of authority during the fiscal year.
(f) Covered Foundation Defined.— In this section, the term “covered foundation” means an organization that—
(1) is a charitable, educational, or civic nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986; and
(2) the Secretary determines operates exclusively to support—
(A) recruiting activities with respect to the Coast Guard Academy;
(B) parent or alumni development in support of the Coast Guard Academy;
(C) academic, leadership, or character development of Coast Guard Academy cadets;
(D) institutional development of the Coast Guard Academy; or
(E) athletics in support of the Coast Guard Academy.
(Added Pub. L. 11960, div. G, title LXXII, § 7244(a), Dec. 18, 2025, 139 Stat. 1729.)
## Notes
Editorial Notes
References in TextSection 501(c)(3) of the Internal Revenue Code of 1986, referred to in subsec. (f)(1), is classified to section 501(c)(3) of Title 26, Internal Revenue Code.
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# 14 U.S.C. § 1909 - Policy on hazing
## Text
(a) In General.— Subject to the approval of the Commandant, the Superintendent of the Academy shall issue and make available to the public written policies—
(1) subject to subsection (d), defining hazing;
(2) designed to prevent hazing; and
(3) prescribing dismissal, suspension, or other adequate punishment for violations.
(b) Effect of Request for Court-martial.— If a cadet who is charged with violating a policy issued under subsection (a), the penalty for which is or may be dismissal from the Academy, requests in writing a trial by a general court-martial, the cadet may not be dismissed for that offense except under sentence of such a court.
(c) Limitation.— A cadet dismissed from the Academy for hazing or bullying may not be reappointed to the Corps of Cadets, and is ineligible for appointment as commissioned 11 So in original. Probably should be preceded by “a”. officer in a regular component of the Coast Guard, until the date that is 2 years after the date of the graduation of the class of the cadet.
(d) Definition of Hazing.— In developing the policies under subsection (a)(1), the Superintendent shall, to the maximum extent practicable, define the term “hazing” as the unauthorized assumption of authority by a cadet whereby another cadet suffers or is exposed to any cruelty, indignity, humiliation, hardship, or oppression, or the deprivation or abridgement of any right.
(Added Pub. L. 11960, div. G, title LXXII, § 7245(a), Dec. 18, 2025, 139 Stat. 1730.)
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# 14 U.S.C. § 1910 - Concurrent jurisdiction at Coast Guard Academy
## Text
Notwithstanding any other provision of law, the Secretary of the department in which the Coast Guard is operating may establish concurrent jurisdiction between the Federal Government and the State of Connecticut over the lands constituting the Coast Guard Academy in New London, Connecticut, as necessary to facilitate the ability of the State of Connecticut and City of New London to investigate and prosecute any crimes cognizable under Connecticut law that are committed on such Coast Guard Academy property.
(Added Pub. L. 11960, div. G, title LXXII, § 7246(a), Dec. 18, 2025, 139 Stat. 1730.)
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title_number: 14
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# 14 U.S.C. § 1921 - Corps of Cadets authorized strength
## Text
The number of cadets appointed annually to the Academy shall be as determined by the Secretary but the number appointed in any one year shall not exceed six hundred.
(Added Pub. L. 115282, title I, § 110(c)(1)(B), Dec. 4, 2018, 132 Stat. 4213.)
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# 14 U.S.C. § 1922 - Appointments
## Text
Appointments to cadetships shall be made under regulations prescribed by the Secretary, who shall determine age limits, methods of selection of applicants, term of service as a cadet before graduation, and all other matters affecting such appointments. In the administration of this section, the Secretary shall take such action as may be necessary and appropriate to insure 11 So in original. Probably should be “ensure”. that female individuals shall be eligible for appointment and admission to the Coast Guard Academy, and that the relevant standards required for appointment, admission, training, graduation, and commissioning of female individuals shall be the same as those required for male individuals, except for those minimum essential adjustments in such standards required because of physiological differences between male and female individuals.
(Added Pub. L. 115282, title I, § 110(c)(1)(B), Dec. 4, 2018, 132 Stat. 4213.)
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title_number: 14
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# 14 U.S.C. § 1923 - Admission of foreign nationals for instruction; restrictions; conditions
## Text
(a) A foreign national may not receive instruction at the Academy except as authorized by this section.
(b) The President may designate not more than 36 foreign nationals whom the Secretary may permit to receive instruction at the Academy.
(c) A foreign national receiving instruction under this section is entitled to the same pay, allowances, and emoluments, to be paid from the same appropriations, as a cadet appointed pursuant to section 1922 of this title. A foreign national may receive instruction under this section only if his country agrees in advance to reimburse the United States, at a rate determined by the Secretary, for the cost of providing such instruction, including pay, allowances, and emoluments, unless a waiver therefrom has been granted to that country by the Secretary. Funds received by the Secretary for this purpose shall be credited to the appropriations bearing the cost thereof, and may be apportioned between fiscal years.
(d) A foreign national receiving instruction under this section is—
(1) not entitled to any appointment in the Coast Guard by reason of his graduation from the Academy; and
(2) subject to those regulations applicable to the Academy governing admission, attendance, discipline, resignation, discharge, dismissal, and graduation, except as may otherwise be prescribed by the Secretary.
(Added Pub. L. 91278, § 1(6), June 12, 1970, 84 Stat. 304, § 195; amended Pub. L. 94468, Oct. 11, 1976, 90 Stat. 2002; Pub. L. 112213, title II, § 204, Dec. 20, 2012, 126 Stat. 1543; renumbered § 1923 and amended Pub. L. 115282, title I, §§ 110(b), 123(c)(1), Dec. 4, 2018, 132 Stat. 4212, 4240.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282, § 110(b), renumbered section 195 of this title as this section. Subsec. (c). Pub. L. 115282, § 123(c)(1), substituted “section 1922” for “section 182”. 2012—Subsec. (c). Pub. L. 112213 substituted “foreign national” for “person” in two places and “pay, allowances, and emoluments” for “pay and allowances” in two places. Subsec. (d). Pub. L. 112213, § 204(1), substituted “foreign national” for “person” in introductory provisions. 1976—Pub. L. 94468 substituted “foreign nationals” for “foreigners” in section catchline. Subsec. (a). Pub. L. 94468 substituted provision barring foreign nationals from receiving instruction at the Academy unless authorized by this section, for provision which authorized the Secretary to permit four persons at a time from the Republic of the Philippines, as designated by the President, to attend the Academy. Subsec. (b). Pub. L. 94468 substituted provision authorizing the President to designate not more than thirty-six foreign nationals whom the Secretary may permit to attend the Academy, for provision which authorized foreign nationals to receive the same pay and allowances as cadets at the Academy. Subsec. (c). Pub. L. 94468 substituted provision authorizing a foreign national to receive the same pay and allowances as a cadet providing his country agree in advance to reimburse the United States and directing the Secretary to credit any funds so received to the appropriations for pay and allowances, for provision which required that foreign nationals be subject to the same rules and regulations as cadets. Subsec. (d). Pub. L. 94468 added subsec. (d).
@@ -0,0 +1,35 @@
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# 14 U.S.C. § 1924 - Conduct
## Text
The Secretary may summarily dismiss from the Coast Guard any cadet who, during his cadetship, is found unsatisfactory in either studies or conduct, or may be deemed not adapted for a career in the Coast Guard. Cadets shall be subject to rules governing discipline prescribed by the Commandant.
(Added Pub. L. 115282, title I, § 110(c)(1)(C), Dec. 4, 2018, 132 Stat. 4214.)
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# 14 U.S.C. § 1925 - Agreement
## Text
(a) Each cadet shall sign an agreement with respect to the cadets length of service in the Coast Guard. The agreement shall provide that the cadet agrees to the following:
(1) That the cadet will complete the course of instruction at the Coast Guard Academy.
(2) That upon graduation from the Coast Guard Academy the cadet—
(A) will accept an appointment, if tendered, as a commissioned officer of the Coast Guard; and
(B) will serve on active duty for at least five years immediately after such appointment.
(3) That if an appointment described in paragraph (2) is not tendered or if the cadet is permitted to resign as a regular officer before the completion of the commissioned service obligation of the cadet, the cadet—
(A) will accept an appointment as a commissioned officer in the Coast Guard Reserve; and
(B) will remain in that reserve component until completion of the commissioned service obligation of the cadet.
(b) (1) The Secretary may transfer to the Coast Guard Reserve, and may order to active duty for such period of time as the Secretary prescribes (but not to exceed four years), a cadet who breaches an agreement under subsection (a). The period of time for which a cadet is ordered to active duty under this paragraph may be determined without regard to section 651(a) of title 10.
(2) A cadet who is transferred to the Coast Guard Reserve under paragraph (1) shall be transferred in an appropriate enlisted grade or rating, as determined by the Secretary.
(3) For the purposes of paragraph (1), a cadet shall be considered to have breached an agreement under subsection (a) if the cadet is separated from the Coast Guard Academy under circumstances which the Secretary determines constitute a breach by the cadet of the cadets agreement to complete the course of instruction at the Coast Guard Academy and accept an appointment as a commissioned officer upon graduation from the Coast Guard Academy.
(c) The Secretary shall prescribe regulations to carry out this section. Those regulations shall include—
(1) standards for determining what constitutes, for the purpose of subsection (b), a breach of an agreement under subsection (a);
(2) procedures for determining whether such a breach has occurred; and
(3) standards for determining the period of time for which a person may be ordered to serve on active duty under subsection (b).
(d) In this section, “commissioned service obligation”, with respect to an officer who is a graduate of the Academy, means the period beginning on the date of the officers appointment as a commissioned officer and ending on the sixth anniversary of such appointment or, at the discretion of the Secretary, any later date up to the eighth anniversary of such appointment.
(e) (1) This section does not apply to a cadet who is not a citizen or national of the United States.
(2) In the case of a cadet who is a minor and who has parents or a guardian, the cadet may sign the agreement required by subsection (a) only with the consent of the parent or guardian.
(f) A cadet or former cadet who does not fulfill the terms of the obligation to serve as specified under section (a), or the alternative obligation imposed under subsection (b), shall be subject to the repayment provisions of section 303a(e) of title 37.
(Added Pub. L. 115282, title I, § 110(c)(1)(C), Dec. 4, 2018, 132 Stat. 4214.)
@@ -0,0 +1,41 @@
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# 14 U.S.C. § 1926 - Cadet applicants; preappointment travel to Academy
## Text
The Secretary is authorized to expend appropriated funds for selective preappointment travel to the Academy for orientation visits of cadet applicants.
(Added Pub. L. 98557, § 24(a), Oct. 30, 1984, 98 Stat. 2872, § 181a; renumbered § 1926, Pub. L. 115282, title I, § 110(b), Dec. 4, 2018, 132 Stat. 4212.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 181a of this title as this section.
@@ -0,0 +1,43 @@
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# 14 U.S.C. § 1927 - Cadets; initial clothing allowance
## Text
The Secretary may prescribe a sum which shall be credited to each new cadet upon first admission to the Academy, to cover the cost of an initial clothing and equipment issue, which sum shall be deducted subsequently from the pay of such cadet. Each cadet discharged prior to graduation who is indebted to the United States on account of advances of pay to purchase required clothing and equipment shall be required to turn in to the Academy all clothing and equipment of a distinctively military nature to the extent required to discharge such indebtedness; and, if the value of such clothing and equipment so turned in does not cover the indebtedness incurred, then such indebtedness shall be canceled.
(Aug. 4, 1949, ch. 393, 63 Stat. 508, § 183; Aug. 22, 1951, ch. 340, § 3, 65 Stat. 196; renumbered § 1927, Pub. L. 115282, title I, § 110(b), Dec. 4, 2018, 132 Stat. 4212; Pub. L. 116283, div. G, title LVXXXV [LXXXV], § 8506(a), Jan. 1, 2021, 134 Stat. 4752.)
## Notes
Historical and Revision NotesBased on title 14, U.S.C., 1946 ed., § 15 (June 23, 1906, ch. 3520, § 2, 34 Stat. 452; Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; July 3, 1926, ch. 742, § 6, 44 Stat. 816; July 30, 1937, ch. 545, § 5, 50 Stat. 549). Said section has been divided. That part dealing with clothing allowance for cadets is placed in this section and the other parts are incorporated in section 182 of this title. Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments2021—Pub. L. 116283 substituted “of an initial” for “of his initial” and “from the pay of such cadet” for “from his pay”. 2018—Pub. L. 115282 renumbered section 183 of this title as this section. 1951—Act Aug. 22, 1951, substituted provision that the Secretary may prescribe the sum to be credited for the former prescribed sum of $250, and inserted second sentence.
@@ -0,0 +1,43 @@
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# 14 U.S.C. § 1928 - Cadets; degree of bachelor of science
## Text
The Superintendent of the Academy may, under such rules and regulations as the Secretary shall prescribe, confer the degree of bachelor of science upon all graduates of the Academy and may, in addition, confer the degree of bachelor of science upon such other living graduates of the Academy as shall have met the requirements of the Academy for such degree.
(Aug. 4, 1949, ch. 393, 63 Stat. 508, § 184; renumbered § 1928, Pub. L. 115282, title I, § 110(b), Dec. 4, 2018, 132 Stat. 4212.)
## Notes
Historical and Revision NotesBased on title 14, U.S.C., 1946 ed., § 15a (May 25, 1933, ch. 37, 48 Stat. 73; July 8, 1937, ch. 447, 50 Stat. 477; Aug. 9, 1946, ch. 928, 60 Stat. 961). Changes in phraseology were made inasmuch as the Academy is now accredited by the Association of American Universities. It was not so accredited when the section was enacted. Inasmuch as the acts cited above apply equally to the Military Academy and the Naval Academy, as well as the Coast Guard Academy, they are not scheduled for repeal but are being amended by section 13 of this act to eliminate reference to the Coast Guard. 81st Congress, House Report No. 557.
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 184 of this title as this section.
@@ -0,0 +1,43 @@
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# 14 U.S.C. § 1929 - Cadets; appointment as ensign
## Text
The President may, by and with the advice and consent of the Senate, appoint as ensigns in the Coast Guard all cadets who shall graduate from the Academy. Ensigns so commissioned on the same date shall take rank according to their proficiency as shown by the order of their merit at date of graduation.
(Aug. 4, 1949, ch. 393, 63 Stat. 508, § 185; renumbered § 1929, Pub. L. 115282, title I, § 110(b), Dec. 4, 2018, 132 Stat. 4212.)
## Notes
Historical and Revision NotesBased on title 14, U.S.C., 1946 ed., § 15a1 (May 25, 1943, ch. 99, 57 Stat. 84). Said section has been divided. The proviso is incorporated in section 182 of this title. The other part is incorporated in this section. The last sentence of this section is new as a statute; it makes statutory what has been the practice of years, and is similar to the third sentence of title 34, U.S.C., 1946 ed., § 1057, applicable to graduates of the Naval Academy. 81st Congress, House Report No. 557.
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 185 of this title as this section.
@@ -0,0 +1,43 @@
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# 14 U.S.C. § 1930 - Cadets: charges and fees for attendance; limitation
## Text
(a) Prohibition.— Except as provided in subsection (b), no charge or fee for tuition, room, or board for attendance at the Academy may be imposed unless the charge or fee is specifically authorized by a law enacted after October 5, 1994.
(b) Exception.— The prohibition specified in subsection (a) does not apply with respect to any item or service provided to cadets for which a charge or fee is imposed as of October 5, 1994. The Secretary shall notify Congress of any change made by the Academy in the amount of a charge or fee authorized under this subsection.
(Added Pub. L. 108375, div. A, title V, § 545(d)(1), Oct. 28, 2004, 118 Stat. 1909, § 197; amended Pub. L. 113281, title II, § 222(2), Dec. 18, 2014, 128 Stat. 3038; renumbered § 1930, Pub. L. 115282, title I, § 110(b), Dec. 4, 2018, 132 Stat. 4212.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 197 of this title as this section. 2014—Subsec. (b). Pub. L. 113281 struck out “of Homeland Security” after “Secretary”.
@@ -0,0 +1,45 @@
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# 14 U.S.C. § 1941 - Civilian teaching staff
## Text
(a) The Secretary may appoint in the Coast Guard such number of civilian faculty members at the Academy as the needs of the Service may require. They shall have such titles and perform duties as prescribed by the Secretary. Leaves of absence and hours of work for civilian faculty members shall be governed by regulations promulgated by the Secretary, without regard to the provisions of title 5.
(b) The compensation of individuals employed under this section is as prescribed by the Secretary.
(Aug. 4, 1949, ch. 393, 63 Stat. 509, § 186; Sept. 3, 1954, ch. 1263, § 32, 68 Stat. 1238; Pub. L. 86474, § 1(9), May 14, 1960, 74 Stat. 145; Pub. L. 89444, § 1(9), June 9, 1966, 80 Stat. 195; Pub. L. 94546, § 1(14), Oct. 18, 1976, 90 Stat. 2520; renumbered § 1941, Pub. L. 115282, title I, § 110(b), Dec. 4, 2018, 132 Stat. 4212; Pub. L. 116283, div. G, title LVXXXV [LXXXV], § 8505(a)(12), Jan. 1, 2021, 134 Stat. 4748.)
## Notes
Historical and Revision NotesBased on title 14, U.S.C., 1946 ed., § 15d (Apr. 16, 1937, ch. 107, § 3, 50 Stat. 67; May 2, 1942, ch. 273, 56 Stat. 265). The last sentence is new and is inserted to permit adjustment of the work load and leave schedule of Academy faculty members due to the peculiarity of the academic schedule. The last sentence of this section is new, being included in order to allow for adjusting the working time and leave of civilian instructors in conformity with the academic terms at the Academy. The work load of an instructor varies greatly, and flexibility in administration of a faculty is therefore essential. The leave provided for civil service employees does not fit the needs of an instruction staff, and this has been a source of difficulty in the past. This new provision would permit leave during the summer and between academic terms without deduction from pay, and, it is contemplated, at no other time. Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments2021—Subsec. (b). Pub. L. 116283 substituted “individuals” for “persons”. 2018—Pub. L. 115282 renumbered section 186 of this title as this section. 1976—Subsec. (a). Pub. L. 94546 substituted “Leaves of absence and hours of work for civilian faculty members shall be governed by regulations promulgated by the Secretary, without regard to the provisions of title 5.” for “Leaves of absence and hours of work for such personnel shall be governed by regulations issued by the Secretary of the Treasury, without regard to section 84, chapter 18, subchapter IV of chapter 21, sections 1112, 1113, and 11211125, and chapter 23, of title 5.” 1966—Subsec. (a). Pub. L. 89444, § 1(9)(A), (B), substituted “faculty members” for “members of the teaching staff” and struck out provision that compensation of faculty members be fixed in accordance with the Classification Act of 1949, as amended, and designated existing provisions as so amended as subsec. (a). Subsec. (b). Pub. L. 89444, § 1(9)(C), added subsec. (b). 1960—Pub. L. 86474 substituted “Coast Guard such number of civilian members of the teaching staff at the Academy as the needs of the Service may require” for “Coast Guard, subject to the competitive provisions of the civil-service laws and regulations, such number of civilian instructors as the needs of the Service require, not to exceed eight”, and inserted provisions relating to titles and duties of the civilian members of the teaching staff. 1954—Act Sept. 3, 1954, substituted “Classification Act of 1949” for “Classification Act of 1923” and “section 84, chapter 18, subchapter IV of chapter 21, sections 1112, 1113, and 11211125, and chapter 23, of title 5” for “sections 29a, 30b30m, 84, 663, 667, 672a673, and chapter 18 of title 5”.
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# 14 U.S.C. § 1942 - Permanent commissioned teaching staff; composition
## Text
The permanent commissioned teaching staff at the Academy shall consist of professors, associate professors, assistant professors and instructors, in such numbers as the needs of the Service require. They shall perform duties as prescribed by the Commandant, and exercise command only in the academic department of the Academy.
(Aug. 4, 1949, ch. 393, 63 Stat. 509, § 187; Pub. L. 86474, § 1(10), May 14, 1960, 74 Stat. 145; renumbered § 1942, Pub. L. 115282, title I, § 110(b), Dec. 4, 2018, 132 Stat. 4212.)
## Notes
Historical and Revision NotesBased on title 14, U.S.C., 1946 ed., §§ 15b, 15c (Apr. 16, 1937, ch. 107, §§ 1, 2, 50 Stat. 66; May 2, 1942, ch. 273, 56 Stat. 265). Section 15b of title 14, U.S.C., 1946 ed., has been divided. Part of the provisions of the first sentence is placed in this section, while other provisions are placed in section 188 of this title. Section 15c of title 14, U.S.C., 1946 ed., has been divided. The last sentence is incorporated in this section, while the other provisions are placed in section 189 of this title. The composition of the teaching staff at the Academy is changed materially on the recommendation of the Academic Board and the Advisory Committee. The scope of duty of members of the staff is enlarged to include whatever the Commandant prescribes. Title 14, U.S.C., 1946 ed., § 15b provides for five professors as heads or assistant heads of departments at the Academy. The Academic Board of the Academy and the Advisory Committee, after extensive study have recommended the change, as provided in this section, to three professors and twelve others on the permanent teaching staff, with designations to conform generally with the designations and grades of faculty members at other universities. The librarian is given faculty status because of the role of the library as the center of the modern university; this is in conformity with the practice of other higher educational institutions. It is believed that the increased number of permanent commissioned instructors is justified and desirable in view of the expansion of the Cadet Corps as the full effect of the return to a four-year course is felt. It is probable that, in the next few years, the number of cadets will approximate 450. The average number in the past two years has been about 300. This new set-up for the permanent commissioned teaching staff will permit desirable exchanges of professors with leading universities, and occasional sabbatical leaves in order to better the faculty generally. It is pointed out that this increase in permanent instructors does not increase the authorized number of officers in the Coast Guard, as they are all included in the limitation provided in section 42 of this title. If a teaching position at the Academy is not provided for permanently it will require the assignment of an additional regular officer, so it is apparent that the changes proposed in this section do not increase the size of the Service, or the expense, but represent a long-range plan to better the Academy as a leading educational institution within the present, recognized, standards for a proper university faculty. The last sentence retains the command status of the professors as provided in existing law but enlarges the field in which they may perform duty, in order to make it possible to give them interim assignments other than at the Academy, thus broadening their knowledge of the Service while still advantageously utilizing their services. 81st Congress, House Report No. 557.
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 187 of this title as this section. 1960—Pub. L. 86474 substituted “shall consist of professors, associate professors, assistant professors and instructors, in such numbers as the needs of the Service require” for “shall consist of not more than three professors who may serve as heads of departments, and not more than twelve associate professors, assistant professors, and commissioned instructors, one of whom shall be the librarian”.
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# 14 U.S.C. § 1943 - Appointment of permanent commissioned teaching staff
## Text
The President may appoint in the Coast Guard, by and with the advice and consent of the Senate, the professors, associate professors, assistant professors, and instructors who are to serve on the permanent commissioned teaching staff of the Academy. An original appointment to the permanent commissioned teaching staff, unless the appointee has served as a civilian member of the teaching staff, regular commissioned officer, temporary commissioned officer, or reserve commissioned officer in the Coast Guard, shall be a temporary appointment until the appointee has satisfactorily completed a probationary term of four years of service; thereafter he may be regularly appointed and his rank shall date from the date of his temporary appointment in the grade in which permanently appointed.
(Aug. 4, 1949, ch. 393, 63 Stat. 509, § 188; Pub. L. 86474, § 1(11), May 14, 1960, 74 Stat. 145; Pub. L. 94546, § 1(15), Oct. 18, 1976, 90 Stat. 2520; renumbered § 1943, Pub. L. 115282, title I, § 110(b), Dec. 4, 2018, 132 Stat. 4212.)
## Notes
Historical and Revision NotesBased on title 14, U.S.C., 1946 ed., § 15b (Apr. 16, 1937, ch. 107, § 1, 50 Stat. 66; May 2, 1942, ch. 273, 56 Stat. 265). Said section has been divided. That part of the first sentence which provides for the composition of the teaching staff is incorporated in section 187 of this title. The other provisions are incorporated in this section, except for the proviso which has been omitted as no longer needed. This section incorporates the following changes because of the new plan for the permanent teaching staff: the President is authorized to appoint a candidate to any of the grades prescribed; and the probationary term, applicable unless the candidate has served in the Coast Guard as prescribed in this section, is increased from two to four years. Authorization for appointment in any grade is deemed desirable in order to permit the acquisition of outstanding instructors for the staff. It is believed that the former two-year period was too short to fully evaluate the capabilities of a temporary appointee. 81st Congress, House Report No. 557.
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 188 of this title as this section. 1976—Pub. L. 94546 substituted “grade in which permanently appointed” for “rank in which permanently appointed”. 1960—Pub. L. 86474 substituted “and instructors who are to serve” for “and commissioned instructors who are to serve”, and “civilian member of the teaching staff” for “civilian instructor”.
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# 14 U.S.C. § 1944 - Grade of permanent commissioned teaching staff
## Text
Professors shall be commissioned officers with grade not above captain, associate and assistant professors with grade not above commander, and instructors with grade not above lieutenant commander. All officers of the permanent commissioned teaching staff shall receive the pay and allowances of other commissioned officers of the same grade and length of service. When any such professor, associate professor, assistant professor, or instructor is appointed or commissioned with grade less than the highest grade permitted, he shall be promoted under regulations prescribed by the Secretary.
(Aug. 4, 1949, ch. 393, 63 Stat. 509, § 189; Pub. L. 86474, § 1(12), May 14, 1960, 74 Stat. 145; renumbered § 1944, Pub. L. 115282, title I, § 110(b), Dec. 4, 2018, 132 Stat. 4212.)
## Notes
Historical and Revision NotesBased on title 14, U.S.C., 1946 ed., § 15c (Apr. 16, 1937, ch. 107, § 2, 50 Stat. 66). Said section has been divided. The last sentence is incorporated in section 187 of this title. The other provisions are incorporated in this section. The limitation on grade of professors is raised from Commander to Captain, and other limitations as to grades within the new permanent commissioned teaching staff are established. This section prescribes the relative ranks for the various grades in the permanent commissioned teaching staff, establishes the pay as heretofore, and provides for promotion as the Secretary shall prescribe. 81st Congress, House Report No. 557.
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 189 of this title as this section. 1960—Pub. L. 86474 substituted “and instructors with grade not above” for “and commissioned instructors with grade not above”, and “assistant professor, or instructor” for “or assistant professor”.
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# 14 U.S.C. § 1945 - Retirement of permanent commissioned teaching staff
## Text
Professors, associate professors, assistant professors, and instructors in the Coast Guard shall be subject to retirement or discharge from active service for any cause on the same basis as other commissioned officers of the Coast Guard, except that they shall not be required to retire from active service under the provisions of section 2149 of this title, nor shall they be subject to the provisions of section 2150 of this title, nor shall they be required to retire at age sixty-two but may be permitted to serve until age sixty-four at which time unless earlier retired or separated they shall be retired. The Secretary may retire any member of the permanent commissioned teaching staff who has completed thirty years active service. Service as a civilian member of the teaching staff at the Academy in addition to creditable service authorized by any other law in any of the military services rendered prior to an appointment as a professor, associate professor, assistant professor, or instructor shall be credited in computing length of service for retirement purposes. The provisions of law relating to retirement for disability in line of duty shall not apply in the case of a professor, associate professor, assistant professor, or instructor serving under a temporary appointment.
(Aug. 4, 1949, ch. 393, 63 Stat. 509, § 190; Pub. L. 86474, § 1(13), May 14, 1960, 74 Stat. 145; Pub. L. 88130, § 1(8), Sept. 24, 1963, 77 Stat. 175; Pub. L. 89444, § 1(10), June 9, 1966, 80 Stat. 196; Pub. L. 91278, § 1(5), June 12, 1970, 84 Stat. 304; renumbered § 1945 and amended Pub. L. 115282, title I, §§ 110(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4212, 4240.)
## Notes
Historical and Revision NotesBased on title 14, U.S.C., 1946 ed., § 15f (Apr. 16, 1937, ch. 107, § 5, 50 Stat. 67). The provision prohibiting the retirement of a professor because of physical disability with less than 15 years service is changed to have application only during the temporary appointment of a professor. This section provides for the retirement of associate professors, assistant professors, and commissioned instructors in addition to professors. It is believed that the provision of existing law requiring 15 years service before becoming eligible for retirement, discriminated against this group of officers as no other group was discriminated against, and should be eliminated. It was changed so that these officers would be ineligible for retirement during their probationary term only. Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments2018—Pub. L. 115282, § 123(b)(2), substituted “section 2149” for “section 288” and “section 2150” for “section 289”. Pub. L. 115282, § 110(b), renumbered section 190 of this title as this section. 1970—Pub. L. 91278 permitted permanent teachers to retire at sixty-four rather than at sixty-two unless earlier retired or separated. 1966—Pub. L. 89444 authorized the Secretary to retire any member of the permanent commissioned teaching staff who has completed thirty years active service. 1963—Pub. L. 88130 inserted “or discharge”, excepted staff members from retirement from active service under section 288 of this title, and from the provisions of section 289 of this title, and struck out “permanent” before “commissioned officers”. 1960—Pub. L. 86474 substituted “civilian member of the teaching staff” for “civilian instructor or civilian librarian”, and struck out “commissioned” in three places before “instructors” and “instructor”, respectively.
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# 14 U.S.C. § 1946 - Credit for service as member of civilian teaching staff
## Text
Service as a member of the civilian teaching staff at the Academy in addition to creditable services authorized by any other law in any of the military services rendered prior to an appointment as professor, associate professor, assistant professor, or instructor shall be credited in computing length of service as a professor, associate professor, assistant professor, or instructor for purposes of pay and allowances.
(Aug. 4, 1949, ch. 393, 63 Stat. 510, § 191; Pub. L. 86474, § 1(14), May 14, 1960, 74 Stat. 146; renumbered § 1946, Pub. L. 115282, title I, § 110(b), Dec. 4, 2018, 132 Stat. 4212.)
## Notes
Historical and Revision NotesBased on title 14, U.S.C., 1946 ed., § 15e (Apr. 16, 1937, ch. 107, § 4, 50 Stat. 67). Changes in phraseology were made in order to adapt the section to the new structure of the permanent commissioned teaching staff. 81st Congress, House Report No. 557.
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 191 of this title as this section. 1960—Pub. L. 86474 substituted “member of civilian teaching staff” for “civilian instructor” in section catchline, and “member of the civilian teaching staff” for “civilian instructor or civilian librarian” in text, and struck out “commissioned” before “instructor” in two places.
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# 14 U.S.C. § 1947 - Assignment of personnel as instructors
## Text
The Commandant may assign any member to appropriate instruction duty at the Academy.
(Aug. 4, 1949, ch. 393, 63 Stat. 510, § 192; Pub. L. 98557, § 15(a)(3)(H), Oct. 30, 1984, 98 Stat. 2865; renumbered § 1947, Pub. L. 115282, title I, § 110(b), Dec. 4, 2018, 132 Stat. 4212.)
## Notes
Historical and Revision NotesBased on title 14, U.S.C., 1946 ed., § 15i (Apr. 16, 1937, ch. 107, § 8, 50 Stat. 67). Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 192 of this title as this section. 1984—Pub. L. 98557 substituted reference to member for reference to commissioned officer, warrant officer, and enlisted man.
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# 14 U.S.C. § 1948 - Marine safety curriculum
## Text
The Commandant shall ensure that professional courses of study in marine safety are provided at the Coast Guard Academy, and during other officer accession programs, to give Coast Guard cadets and other officer candidates a background and understanding of the marine safety program. These courses may include such topics as program history, vessel design and construction, vessel inspection, casualty investigation, and administrative law and regulations.
(Added Pub. L. 111281, title V, § 525(a), Oct. 15, 2010, 124 Stat. 2959, § 200; renumbered § 199 and amended Pub. L. 111330, § 1(7)(A), Dec. 22, 2010, 124 Stat. 3569; Pub. L. 115232, div. C, title XXXV, § 3531(c)(11), Aug. 13, 2018, 132 Stat. 2320; renumbered § 1948, Pub. L. 115282, title I, § 110(b), Dec. 4, 2018, 132 Stat. 4212.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 199 of this title as this section. Pub. L. 115232 substituted “Commandant” for “Commandant of the Coast Guard”. 2010—Pub. L. 111330 amended directory language of Pub. L. 111281, § 525(a), which enacted this section, and renumbered section 200 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentPub. L. 111330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(7)(A) is effective with the enactment of Pub. L. 111281.
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# 14 U.S.C. § 2102 - Active duty promotion list
## Text
(a) The Secretary shall maintain a single active duty promotion list of officers of the Coast Guard on active duty in the grades of ensign and above. Reserve officers on active duty, other than pursuant to an active duty agreement executed under section 12311 of title 10, retired officers, officers of the permanent commissioned teaching staff of the Coast Guard Academy, and officers designated by the Secretary pursuant this section shall not be included on the active duty promotion list.
(b) Officers shall be carried on the active duty promotion list in the order of seniority of the grades in which they are serving. Officers serving in the same grade shall be carried in the order of their seniority in that grade. The Secretary may correct any erroneous position on the active duty promotion list that was caused by administrative error.
(c) An individual appointed in the grade of ensign or above in the Regular Coast Guard shall be placed on the active duty promotion list in the order of his date of rank and seniority.
(d) A Reserve officer, other than one excluded by subsection (a), shall, when he enters on active duty, be placed on the active duty promotion list in accordance with his grade and seniority. The position of such a Reserve officer among other officers of the Coast Guard on active duty who have the same date of rank shall be determined by the Secretary.
(Added Pub. L. 88130, § 1(1), Sept. 24, 1963, 77 Stat. 174, § 41a; amended Pub. L. 91278, § 1(2), June 12, 1970, 84 Stat. 304; Pub. L. 93174, § 1(1), Dec. 5, 1973, 87 Stat. 692; Pub. L. 97136, § 6(a), Dec. 29, 1981, 95 Stat. 1706; Pub. L. 103206, title II, § 205(a), Dec. 20, 1993, 107 Stat. 2422; Pub. L. 103337, div. A, title XVI, § 1677(b)(1), Oct. 5, 1994, 108 Stat. 3019; renumbered § 2102, Pub. L. 115282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216; Pub. L. 116283, div. G, title LVXXXV [LXXXV], § 8505(a)(14), Jan. 1, 2021, 134 Stat. 4748; Pub. L. 11960, div. G, title LXXII, § 7221(c)(1), Dec. 18, 2025, 139 Stat. 1700.)
## Notes
Editorial Notes
Amendments2025—Subsec. (a). Pub. L. 11960 substituted “officers of the permanent commissioned teaching staff of the Coast Guard Academy, and officers designated by the Secretary pursuant this section” for “and officers of the permanent commissioned teaching staff of the Coast Guard Academy”. 2021—Subsec. (c). Pub. L. 116283 substituted “An individual” for “A person”. 2018—Pub. L. 115282 renumbered section 41a of this title as this section. 1994—Subsec. (a). Pub. L. 103337 substituted “section 12311 of title 10” for “section 679 of title 10”. 1993—Subsec. (b). Pub. L. 103206 struck out before period at end of second sentence “, except that the rear admiral serving as Chief of Staff shall be the senior rear admiral for all purposes other than pay”. 1981—Subsec. (a). Pub. L. 97136, § 6(a)(1), substituted “Reserve officers on active duty, other than pursuant to an active duty agreement executed under section 679 of title 10, retired officers, and officers of the permanent commissioned teaching staff of the Coast Guard Academy shall not” for “Retired officers and officers of the permanent commissioned teaching staff of the Coast Guard Academy shall not be included on the active duty promotion list. Reserve officers on extended active duty, other than those serving in connection with organizing, administering, recruiting, instructing, or training the Reserve components or assigned to the Selective Service System, shall”. Subsec. (b). Pub. L. 97136, § 6(a)(2), inserted exception that rear admiral serving as Chief of Staff shall be senior rear admiral for all purposes other than pay. Subsec. (d). Pub. L. 97136, § 6(a)(3), substituted “enters on active duty” for “enters on extended active duty”. 1973—Subsec. (a). Pub. L. 93174 substituted “Retired officers and officers” for “Retired officers, officers” and struck out “, and officers of the Womens Reserve” after “Coast Guard Academy”. 1970—Subsec. (a). Pub. L. 91278 inserted “or assigned to the Selective Service System” after “components” in last sentence.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.
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# 14 U.S.C. § 2104 - Appointment of temporary officers
## Text
(a) The president may appoint temporary commissioned officers—
(1) 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 holders of licenses issued under chapter 71 of title 46; and
(2) in the Coast Guard Reserve 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 of the Coast Guard Reserve.
(b) Temporary appointments under this section do not change the permanent, probationary, or acting status of individuals so appointed, prejudice them in regard to promotion or appointment, or abridge their rights or benefits. An individual who is appointed under this section may not suffer any reduction in the rate of pay and allowances to which he would have been entitled had he remained in his former grade and continued to receive the increases in pay and allowances authorized for that grade.
(c) An appointment under this section, or a subsequent promotion appointment of a temporary officer, may be vacated by the appointing officer at any time. Each officer whose appointment is so vacated shall revert to his permanent status.
(d) Appointees under this section shall take precedence in the grade to which appointed in accordance with the dates of their appointments as officers in such grade. Appointees whose dates of appointment are the same shall take precedence with each other as the Secretary shall determine.
(Added Pub. L. 88130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 178, § 214; amended Pub. L. 89444, § 1(12)(14), June 9, 1966, 80 Stat. 196; Pub. L. 93283, § 1(5), May 14, 1974, 88 Stat. 140; Pub. L. 96376, § 6, Oct. 3, 1980, 94 Stat. 1509; Pub. L. 98557, § 15(a)(3)(B), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 103337, div. A, title V, § 541(f)(6), Oct. 5, 1994, 108 Stat. 2767; Pub. L. 104324, title II, § 211(a), Oct. 19, 1996, 110 Stat. 3915; Pub. L. 111281, title II, § 211, Oct. 15, 2010, 124 Stat. 2914; renumbered § 2104, Pub. L. 115282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216; Pub. L. 116283, div. G, title LVXXXV [LXXXV], § 8505(a)(15), Jan. 1, 2021, 134 Stat. 4748.)
## Notes
Editorial Notes
Amendments2021—Subsec. (b). Pub. L. 116283 substituted “individuals” for “persons” and “An individual” for “A person”. 2018—Pub. L. 115282 renumbered section 214 of this title as this section. 2010—Subsec. (a). Pub. L. 111281 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “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.” 1996—Pub. L. 104324, § 211(a)(1), substituted “Appointment” for “Original appointment” in section catchline. Subsec. (b). Pub. L. 104324, § 211(a)(2), redesignated subsec. (d) as (b). Subsec. (c). Pub. L. 104324, § 211(a)(2), (3), redesignated subsec. (e) as (c) and inserted “, or a subsequent promotion appointment of a temporary officer,” after “section”. Subsecs. (d) to (f). Pub. L. 104324, § 211(a)(2), redesignated subsecs. (d) to (f) as (b) to (d), respectively. 1994—Subsecs. (b), (c). Pub. L. 103337 struck out subsecs. (b) and (c) which read as follows: “(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 (W1) 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.” 1984—Subsecs. (a) to (c). Pub. L. 98557 substituted reference to enlisted members for reference to enlisted men wherever appearing. 1980—Subsec. (d). Pub. L. 96376 substituted prohibition against any reduction in rate of pay and allowances of temporary officer appointee to which appointee would have been entitled had he remained in his former grade and continued to receive the increases in pay and allowances authorized for that grade for prior prohibition against reduction in pay and allowances to which appointee was entitled because of his permanent status at the time of his temporary appointment, or any reduction in pay and allowances to which appointee was entitled under a prior temporary appointment in a lower grade. 1974—Subsec. (d). Pub. L. 93283 prohibited any reduction in the pay and allowances to which a temporary officer was entitled under a prior temporary appointment in a lower grade. 1966—Subsec. (a). Pub. L. 89444, § 1(12), added licensed officers of the United States merchant marine to the group from which the President may appoint temporary commissioned officers for the Regular Coast Guard not above lieutenant. Subsec. (b). Pub. L. 89444, § 1(13), added licensed officers of the United States merchant marine to the group from which the President may appoint temporary commissioned warrant officers for the Regular Coast Guard. Subsec. (c). Pub. L. 89444, § 1(14), added licensed officers of the United States merchant marine to the group from which the Secretary may appoint temporary warrant officers (W1) in the Regular Coast Guard.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103337 effective on the first day of the fourth month beginning after Oct. 5, 1994, see section 541(h) of Pub. L. 103337, set out as a note under section 571 of Title 10, Armed Forces.
Effective Date of 1974 AmendmentPub. L. 93283, § 2, May 14, 1974, 88 Stat. 141, provided that: “Paragraphs (5) and (8) of section 1 of this Act [amending this section and section 288 of this title] are effective as of the original date of enactment [Sept. 24, 1963] of the sections thereby amended.”
Temporary Appointments Prior to September 24, 1963Savings provisions in section 5(e) of Pub. L. 88130 considering officers appointed with temporary commissions prior to Sept. 24, 1963, as appointed under this section, are set out as a note under section 2101 of this title.
Executive Documents
Delegation of Authority Authority of President under subsec. (a) of this section to make temporary appointments not above lieutenant in the Regular Coast Guard and Coast Guard Reserve delegated to Secretary of Homeland Security by Ex. Ord. No. 14106, § 1(e), Aug. 14, 2023, 88 F.R. 55905, set out in a note under section 2101 of this title.
@@ -0,0 +1,47 @@
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# 14 U.S.C. § 2105 - Rank of warrant officers
## Text
(a) Among warrant officer grades, warrant officers of a higher numerical designation are senior to warrant officer grades of a lower numerical designation.
(b) Warrant officers shall take precedence in the grade to which appointed in accordance with the dates of their commissions as commissioned officers in the Coast Guard in such grade. Precedence among warrant officers of the same grade who have the same date of commission shall be determined by regulations prescribed by the Secretary.
(Added Pub. L. 103337, div. A, title V, § 541(e)(1), Oct. 5, 1994, 108 Stat. 2766, § 215; renumbered § 2105, Pub. L. 115282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 215 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective DateSection effective on the first day of the fourth month beginning after Oct. 5, 1994, see section 541(h) of Pub. L. 103337, set out as an Effective Date of 1994 Amendment note under section 571 of Title 10, Armed Forces.
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# 14 U.S.C. § 2106 - Selection boards; convening of boards
## Text
At least once a year and at such other times as the needs of the service require, the Secretary shall convene selection boards to recommend for promotion to the next higher grade officers on the active duty promotion list in each grade from lieutenant (junior grade) through captain, with separate boards for each grade. However, the Secretary is not required to convene a board to recommend officers for promotion to a grade when no vacancies exist in the grade concerned, and he estimates that none will occur in the next twelve months.
(Added Pub. L. 88130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 178, § 251; renumbered § 2106, Pub. L. 115282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 251 of this title as this section.
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# 14 U.S.C. § 2107 - Selection boards; composition of boards
## Text
A board convened under section 2106 of this title shall consist of five or more officers on the active duty promotion list who are serving in or above the grade to which the board may recommend officers for promotion. No officer may be a member of two successive boards convened to consider officers of the same grade for promotion.
(Added Pub. L. 88130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 179, § 252; renumbered § 2107 and amended Pub. L. 115282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282, § 123(b)(2), substituted “section 2106” for “section 251”. Pub. L. 115282, § 112(b), renumbered section 252 of this title as this section.
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# 14 U.S.C. § 2108 - Selection boards; notice of convening; communication with board
## Text
(a) Before a board is convened under section 2106 of this title, notice of the convening date, the promotion zone to be considered, and the officers eligible for consideration shall be given to the service at large.
(b) Each officer eligible for consideration by a selection board convened under section 2106 of this title may send a communication through official channels to the board, to arrive not later than the date the board convenes, inviting attention to any matter of record in the armed forces concerning such officer. A communication sent under this section may not criticize any officer or reflect upon the character, conduct, or motive of any officer.
(Added Pub. L. 88130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 179, § 253; amended Pub. L. 89444, § 1(15), June 9, 1966, 80 Stat. 196; Pub. L. 111281, title II, § 212(1), Oct. 15, 2010, 124 Stat. 2914; renumbered § 2108 and amended Pub. L. 115282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240; Pub. L. 116283, div. G, title LVXXXV [LXXXV], § 8506(b), Jan. 1, 2021, 134 Stat. 4752.)
## Notes
Editorial Notes
Amendments2021—Subsec. (b). Pub. L. 116283 substituted “such officer” for “himself”. 2018—Pub. L. 115282, § 112(b), renumbered section 253 of this title as this section. Subsecs. (a), (b). Pub. L. 115282, § 123(b)(2), substituted “section 2106” for “section 251”. 2010—Subsec. (a). Pub. L. 111281 inserted “and” after “zone to be considered,” and struck out “, and the number of officers the board may recommend for promotion” after “eligible for consideration”. 1966—Subsec. (a). Pub. L. 89444 added officers eligible for consideration to list of items for which notice must be given to the service at large before a board is convened under section 251 of this title.
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# 14 U.S.C. § 2109 - Selection boards; oath of members
## Text
Each member of a selection board shall swear—
(1) that the member will, without prejudice or partiality, and having in view both the special fitness of officers and the efficiency of the Coast Guard, perform the duties imposed upon the member; and
(2) an oath in accordance with section 931.
(Added Pub. L. 88130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 179, § 254; amended Pub. L. 112213, title II, § 207, Dec. 20, 2012, 126 Stat. 1546; renumbered § 2109 and amended Pub. L. 115282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282, § 112(b), renumbered section 254 of this title as this section. Par. (2). Pub. L. 115282, § 123(b)(2), substituted “section 931” for “section 635”. 2012—Pub. L. 112213 amended section generally. Prior to amendment, text read as follows: “Each member of a selection board shall swear that he will, without prejudice or partiality, and having in view both the special fitness of officers and the efficiency of the Coast Guard, perform the duties imposed upon him.”
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# 14 U.S.C. § 2110 - Number of officers to be selected for promotion
## Text
Before convening a board under section 2106 of this title to recommend officers for promotion to any grade, the Secretary shall determine the total number of officers to be selected for promotion to that grade. This number shall be equal to the number of vacancies existing in the grade, plus the number of additional vacancies estimated for the next twelve months, less the number of officers on the selection list for the grade.
(Added Pub. L. 88130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 179, § 255; renumbered § 2110 and amended Pub. L. 115282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282, § 123(b)(2), substituted “section 2106” for “section 251”. Pub. L. 115282, § 112(b), renumbered section 255 of this title as this section.
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# 14 U.S.C. § 2111 - Promotion zones
## Text
(a) Before convening a selection board to recommend officers for promotion to any grade above lieutenant (junior grade) and below rear admiral (lower half), the Secretary shall establish a promotion zone for the grade to be considered. The promotion zone for each grade shall consist of the most senior officers of that grade on the active duty promotion list who are eligible for consideration for promotion to the next higher grade and who have not previously been placed in a promotion zone for selection for promotion to the next higher grade. The number of officers in each zone shall be determined after considering—
(1) the needs of the service;
(2) the estimated numbers of vacancies available in future years to provide comparable opportunity for promotion of officers in successive year groups; and
(3) the extent to which current terms of service in that grade conform to a desirable career promotion pattern.
However, such number of officers shall not exceed the number to be selected for promotion divided by one-half.
(b) Promotion zones from which officers will be selected for promotion to the grade of rear admiral (lower half) shall be established by the Secretary as the needs of the service require.
(Added Pub. L. 88130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 179, § 256; amended Pub. L. 89444, § 1(16), June 9, 1966, 80 Stat. 196; Pub. L. 97417, § 2(3), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 99661, div. A, title XIII, § 1343(c), Nov. 14, 1986, 100 Stat. 3995; renumbered § 2111 and amended Pub. L. 115282, title I, § 112(b), title III, § 312, Dec. 4, 2018, 132 Stat. 4216, 4249.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282, § 112(b), renumbered section 256 of this title as this section. Subsec. (a). Pub. L. 115282, § 312, substituted “one-half.” for “six-tenths.” in concluding provisions. 1986—Subsec. (b). Pub. L. 99661 substituted “rear admiral (lower half)” for “commodore”. 1985—Subsec. (a). Pub. L. 99145 substituted “rear admiral (lower half)” for “commodore”. 1983—Subsecs. (a), (b). Pub. L. 97417 substituted “commodore” for “rear admiral”. 1966—Subsec. (a). Pub. L. 89444 limited promotion zone by requiring that list of officers under consideration be officers eligible for consideration for promotion to next higher grade.
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# 14 U.S.C. § 2112 - Promotion year; defined
## Text
For the purposes of this chapter, “promotion year” means the period which commences on July 1 of each year and ends on June 30 of the following year.
(Added Pub. L. 94546, § 1(17), Oct. 18, 1976, 90 Stat. 2520, § 256a; renumbered § 2112, Pub. L. 115282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 256a of this title as this section.
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# 14 U.S.C. § 2113 - Eligibility of officers for consideration for promotion
## Text
(a) An officer on the active duty promotion list becomes eligible for consideration for promotion to the next higher grade at the beginning of the promotion year in which he completes the following amount of service computed from his date of rank in the grade in which he is serving:
(1) two years in the grade of lieutenant (junior grade);
(2) three years in the grade of lieutenant;
(3) four years in the grade of lieutenant commander;
(4) four years in the grade of commander; and
(5) three years in the grade of captain.
(b) For the purpose of this section, service in a grade includes all qualifying service in that grade or a higher grade, under either a temporary or permanent appointment. However, service in a grade under a temporary service appointment under section 2125 of this title is considered as service only in the grade that the officer concerned would have held had he not been so appointed.
(c) No officer may become eligible for consideration for promotion until all officers of his grade senior to him are so eligible.
(d) Except when his name is on a list of selectees, each officer who becomes eligible for consideration for promotion to the next higher grade remains eligible so long as he—
(1) continues on active duty; and
(2) is not promoted to that grade.
(e) An officer whose involuntary retirement or separation is deferred under section 2156 of this title is not eligible for consideration for promotion to the next higher grade during the period of that deferment.
(f) The Secretary may waive subsection (a) to the extent necessary to allow officers described therein to have at least two opportunities for consideration for promotion to the next higher grade as officers below the promotion zone.
(g) (1) Notwithstanding subsection (a), the Commandant may provide that an officer may, upon the officers request and with the approval of the Commandant, be excluded from consideration by a selection board convened under section 2106.
(2) The Commandant shall approve a request under paragraph (1) only if—
(A) the basis for the request is to allow the officer to complete a broadening assignment, advanced education, another assignment of significant value to the Coast Guard, a career progression requirement delayed by the assignment or education, or a qualifying personal or professional circumstance, as determined by the Commandant;
(B) the Commandant determines the exclusion from consideration is in the best interest of the Coast Guard; and
(C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.
(Added Pub. L. 88130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 179, § 257; amended Pub. L. 94546, § 1(19), Oct. 18, 1976, 90 Stat. 2520; Pub. L. 98557, § 17(b)(1), Oct. 30, 1984, 98 Stat. 2867; Pub. L. 109241, title II, § 203, July 11, 2006, 120 Stat. 520; renumbered § 2113 and amended Pub. L. 115282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240; Pub. L. 116283, div. G, title LVXXXII [LXXXII], § 8202(a), Jan. 1, 2021, 134 Stat. 4642.)
## Notes
Editorial Notes
Amendments2021—Subsec. (g). Pub. L. 116283 added subsec. (g). 2018—Pub. L. 115282, § 112(b), renumbered section 257 of this title as this section. Subsec. (b). Pub. L. 115282, § 123(b)(2), substituted “section 2125” for “section 275”. Subsec. (e). Pub. L. 115282, § 123(b)(2), substituted “section 2156” for “section 295”. 2006—Subsec. (f). Pub. L. 109241 added subsec. (f). 1984—Subsec. (e). Pub. L. 98557 added subsec. (e). 1976—Subsec. (a). Pub. L. 94546, § 1(19)(a), substituted “promotion year” for “fiscal year”. Subsec. (d). Pub. L. 94546, § 1(19)(b), struck out cl. (3) “if serving in a grade below captain, has not twice failed of selection for promotion to the next higher grade.”
@@ -0,0 +1,35 @@
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# 14 U.S.C. § 2114 - United States Deputy Marshals in Alaska
## Text
Commissioned officers may be appointed as United States Deputy Marshals in Alaska.
(Added Pub. L. 115282, title I, § 112(c)(3), Dec. 4, 2018, 132 Stat. 4221.)
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# 14 U.S.C. § 2115 - Selection boards; information to be furnished boards
## Text
(a) In General.— The Secretary shall furnish the appropriate selection board convened under section 2106 of this title with—
(1) the number of officers that the board may recommend for promotion to the next higher grade;
(2) the names and records of all officers who are eligible for consideration for promotion to the grade to which the board will recommend officers for promotion; and
(3) in the case of an eligible officer considered for promotion to a rank above lieutenant, any credible information of an adverse nature, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry and any information placed in the personnel service record of the officer under section 1745(a) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 11366; 10 U.S.C. 1561 note), shall be furnished to the selection board in accordance with standards and procedures set out in the regulations prescribed by the Secretary.
(b) Provision of Direction and Guidance.— (1) In addition to the information provided pursuant to subsection (a), the Secretary may furnish the selection board—
(A) specific direction relating to the needs of the Coast Guard for officers having particular skills, including direction relating to the need for a minimum number of officers with particular skills within a specialty; and
(B) any other guidance that the Secretary believes may be necessary to enable the board to properly perform its functions.
(2) Selections made based on the direction and guidance provided under this subsection shall not exceed the maximum percentage of officers who may be selected from below the announced promotion zone at any given selection board convened under section 2106 of this title.
(Added Pub. L. 88130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 180, § 258; amended Pub. L. 89444, § 1(17), June 9, 1966, 80 Stat. 196; Pub. L. 104324, title II, § 212, Oct. 19, 1996, 110 Stat. 3915; Pub. L. 111281, title II, § 212(2), Oct. 15, 2010, 124 Stat. 2914; renumbered § 2115 and amended Pub. L. 115282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240; Pub. L. 117263, div. K, title CXII, § 11245(a), Dec. 23, 2022, 136 Stat. 4043.)
## Notes
Editorial Notes
Amendments2022—Subsec. (a)(3). Pub. L. 117263 added par. (3). 2018—Pub. L. 115282, § 112(b), renumbered section 258 of this title as this section. Subsec. (a). Pub. L. 115282, § 123(b)(2), substituted “section 2106” for “section 251” in introductory provisions. Subsec. (b)(2). Pub. L. 115282, § 123(b)(2), substituted “section 2106” for “section 251”. 2010—Pub. L. 111281 designated existing provisions as subsec. (a), inserted heading, substituted “with—” for “with:” in introductory provisions, and added subsec. (b). 1996—Cl. (2). Pub. L. 104324 struck out “, with identification of those officers who are in the promotion zone” after “officers for promotion”. 1966—Pub. L. 89444 substituted “officers who are eligible for consideration for promotion to the grade to which the board will recommend officers for promotion” for “officers to be considered by the board” in cl. 2.
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# 14 U.S.C. § 2116 - Officers to be recommended for promotion
## Text
(a) A selection board convened to recommend officers for promotion shall recommend those eligible officers whom the board, giving due consideration to the needs of the Coast Guard for officers with particular skills so noted in specific direction furnished to the board by the Secretary under section 2115 of this title, considers best qualified of the officers under consideration for promotion. No officer may be recommended for promotion unless he receives the recommendation of at least a majority of the members of a board composed of five members, or at least two-thirds of the members of a board composed of more than five members.
(b) The number of officers that a board convened under section 2106 of this title may recommend for promotion to a grade below rear admiral (lower half) from among eligible officers junior in rank to the junior officer in the appropriate promotion zone may not exceed—
(1) 5 percent of the total number of officers that the board is authorized to recommend for promotion to the grade of lieutenant or lieutenant commander;
(2) 7½ percent of the total number of officers that the board is authorized to recommend for promotion to the grade of commander; and
(3) 10 percent of the total number of officers that the board is authorized to recommend for promotion to the grade of captain;
unless such percentage is a number less than one, in which case the board may recommend one such officer for promotion.
(c) (1) In selecting the officers to be recommended for promotion, a selection board may recommend officers of particular merit, from among those officers chosen for promotion, to be placed at the top of the list of selectees promulgated by the Secretary under section 2121(a) of this title. The number of officers that a board may recommend to be placed at the top of the list of selectees may not exceed three times the percentages set forth in subsection (b) unless such a percentage is a number less than one, in which case the board may recommend one officer for such placement. No officer may be recommended to be placed at the top of the list of selectees unless he or she receives the recommendation of at least a majority of the members of a board composed of five members, or at least two-thirds of the members of a board composed of more than five members.
(2) The Secretary shall conduct a survey of the Coast Guard officer corps to determine if implementation of this subsection will improve Coast Guard officer retention. A selection board may not make any recommendation under this subsection before the date on which the Secretary publishes a finding, based upon the results of the survey, that implementation of this subsection will improve Coast Guard officer retention.
(3) The Secretary shall submit any finding made by the Secretary pursuant to paragraph (2) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(Added Pub. L. 88130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 180, § 259; amended Pub. L. 97417, § 2(4), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 107295, title III, § 313(1), Nov. 25, 2002, 116 Stat. 2102; Pub. L. 111281, title II, § 212(3), Oct. 15, 2010, 124 Stat. 2915; Pub. L. 112213, title II, § 217(3), Dec. 20, 2012, 126 Stat. 1557; renumbered § 2116 and amended Pub. L. 115282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240; Pub. L. 117263, div. K, title CXII, § 11238, Dec. 23, 2022, 136 Stat. 4037.)
## Notes
Editorial Notes
Amendments2022—Subsec. (c)(1). Pub. L. 117263 inserted “three times” after “may not exceed”. 2018—Pub. L. 115282, § 112(b), renumbered section 259 of this title as this section. Subsec. (a). Pub. L. 115282, § 123(b)(2), substituted “section 2115” for “section 258”. Subsec. (b). Pub. L. 115282, § 123(b)(2), substituted “section 2106” for “section 251” in introductory provisions. Subsec. (c)(1). Pub. L. 115282, § 123(b)(2), substituted “section 2121(a)” for “section 271(a)”. 2012—Subsec. (c)(1). Pub. L. 112213 substituted “In selecting” for “After selecting”. 2010—Subsec. (a). Pub. L. 111281 inserted “, giving due consideration to the needs of the Coast Guard for officers with particular skills so noted in specific direction furnished to the board by the Secretary under section 258 of this title,” after “whom the board”. 2002—Subsec. (c). Pub. L. 107295 added subsec. (c). 1985—Subsec. (b). Pub. L. 99145 substituted “rear admiral (lower half)” for “commodore”. 1983—Subsec. (b). Pub. L. 97417 substituted “commodore” for “real admiral”.
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# 14 U.S.C. § 2117 - Selection boards; reports
## Text
(a) Each board convened under section 2106 of this title shall submit a report in writing, signed by all the members thereof, containing the names of the officers recommended for promotion and the names of those officers recommended to be advanced to the top of the list of selectees established by the Secretary under section 2121(a) of this title.
(b) A board convened under section 2106 of this title shall certify that, in the opinion of at least a majority of the members if the board has five members, or in the opinion of at least two-thirds of the members if the board has more than five members, the officers recommended for promotion are the best qualified for promotion to meet the needs of the service (as noted in specific direction furnished the board by the Secretary under section 2115 of this title) of those officers whose names have been furnished to the board.
(Added Pub. L. 88130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 180, § 260; amended Pub. L. 107295, title III, § 313(2), Nov. 25, 2002, 116 Stat. 2103; Pub. L. 111281, title II, § 212(4), Oct. 15, 2010, 124 Stat. 2915; renumbered § 2117 and amended Pub. L. 115282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282, § 112(b), renumbered section 260 of this title as this section. Subsec. (a). Pub. L. 115282, § 123(b)(2), substituted “section 2106” for “section 251” and “section 2121(a)” for “section 271(a)”. Subsec. (b). Pub. L. 115282, § 123(b)(2), substituted “section 2106” for “section 251” and “section 2115” for “section 258”. 2010—Subsec. (b). Pub. L. 111281 inserted “to meet the needs of the service (as noted in specific direction furnished the board by the Secretary under section 258 of this title)” after “qualified for promotion”. 2002—Subsec. (a). Pub. L. 107295 inserted “and the names of those officers recommended to be advanced to the top of the list of selectees established by the Secretary under section 271(a) of this title” before period at end.
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# 14 U.S.C. § 2118 - Selection boards; submission of reports
## Text
(a) A board convened under section 2106 of this title shall submit its report to the Secretary. If the board has acted contrary to law or regulation, the Secretary may return the report for proceedings in revision and resubmission to the Secretary. After his final review, the Secretary shall submit the report of the board to the President for his approval, modification, or disapproval.
(b) If any officer recommended for promotion is not acceptable to the President, the President may remove the name of that officer from the report of the board.
(c) Upon approval by the President the names of officers selected for promotion by a board convened under section 2106 of this title shall be promptly disseminated to the service at large.
(d) Except as required by this section, the proceedings of a selection board, including a special selection board convened under section 2120, shall not be disclosed to any individual who is not a member of the board.
(e) If the Secretary makes a recommendation under this section that the name of an officer be removed from a report of a selection board and the recommendation is accompanied by information that was not presented to that selection board, that information shall be made available to that officer. The officer shall then be afforded a reasonable opportunity to submit comments on that information to the officials making the recommendation and the officials reviewing the recommendation. If an eligible officer cannot be given access to such information because of its classification status, the officer shall, to the maximum extent practicable, be provided with an appropriate summary of the information.
(Added Pub. L. 88130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 181, § 261; amended Pub. L. 112213, title II, § 208(b), Dec. 20, 2012, 126 Stat. 1549; renumbered § 2118 and amended Pub. L. 115282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240; Pub. L. 116283, div. G, title LVXXXV [LXXXV], § 8505(a)(16), Jan. 1, 2021, 134 Stat. 4748; Pub. L. 117263, div. K, title CXII, § 11245(c), Dec. 23, 2022, 136 Stat. 4045.)
## Notes
Editorial Notes
Amendments2022—Subsec. (e). Pub. L. 117263 added subsec. (e). 2021—Subsec. (d). Pub. L. 116283 substituted “individual who is” for “person”. 2018—Pub. L. 115282, § 112(b), renumbered section 261 of this title as this section. Subsecs. (a), (c). Pub. L. 115282, § 123(b)(2), substituted “section 2106” for “section 251”. Subsec. (d). Pub. L. 115282, § 123(b)(2), substituted “section 2120” for “section 263”. 2012—Subsec. (d). Pub. L. 112213 substituted “selection board, including a special selection board convened under section 263,” for “selection board”.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentPub. L. 112213, title II, § 208(e)(1), Dec. 20, 2012, 126 Stat. 1549, provided that: “The amendments made by this section [enacting section 263 of this title and amending this section and section 262 of this title] shall take effect on the date of enactment of this Act [Dec. 20, 2012] and the Secretary may convene a special selection board on or after that date under section 263 [now 2120] of title 14, United States Code, with respect to any error or other action for which such a board may be convened if that error or other action occurred on or after the date that is 1 year before the date of enactment of this Act.”
Executive Documents
Delegation of Authority Authority of President under subsecs. (a) and (b) of this section to approve, modify, or disapprove the report of a selection board, and to remove a name of an officer from a selection board report, respectively, delegated to Secretary of Homeland Security by Ex. Ord. No. 14106, § 1(a), (b), Aug. 14, 2023, 88 F.R. 55905, set out in a note under section 2101 of this title.
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# 14 U.S.C. § 2119 - Failure of selection for promotion
## Text
An officer, other than an officer serving in the grade of captain, who is, or is senior to, the junior officer in the promotion zone established for his grade under section 2111 of this title, fails of selection if he is not selected for promotion by the selection board which considered him, or if having been recommended for promotion by the board, his name is thereafter removed from the report of the board by the President.
(Added Pub. L. 88130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 181, § 262; amended Pub. L. 112213, title II, § 208(c), Dec. 20, 2012, 126 Stat. 1549; renumbered § 2119 and amended Pub. L. 115282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282, § 123(b)(2), substituted “section 2111” for “section 256”. Pub. L. 115282, § 112(b), renumbered section 262 of this title as this section. 2012—Pub. L. 112213 amended section generally. Prior to amendment, section consisted of subsecs. (a) and (b) describing failure of selection for promotion with an exception made if an officer was not considered because of administrative error.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Pub. L. 112213 effective Dec. 20, 2012, with provision for convening a special selection board for certain errors occurring on or after the date that is 1 year before Dec. 20, 2012, see section 208(e)(1) of Pub. L. 112213, set out as a note under section 2118 of this title.
Placement Out of Line of Promotion Prior to September 24, 1963Pub. L. 88130, § 2(a), (b), Sept. 24, 1963, 77 Stat. 190, provided that: “(a) Officers who have been placed permanently out of line of promotion under laws and regulations of the Secretary in effect the day before the effective date of this Act [Sept. 24, 1963] shall be considered as having failed of selection for promotion to the next higher grade for the second time on the day before the effective date of this Act, and shall be subject to the provisions of sections 282 through 285 [now 2142 through 2145] of title 14, United States Code, as appropriate. No officer shall be separated from the service under the above provisions prior to the last day of the sixth calendar month following the effective date of this Act. “(b) Officers who have been placed temporarily out of line of promotion for appointment for temporary service under laws and regulations of the Secretary in effect the day before the effective date of this Act [Sept. 24, 1963] shall be considered as having once failed of selection for promotion to the next higher grade.”
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# 14 U.S.C. § 2120 - Special selection boards; correction of errors
## Text
(a) Officers Not Considered Due to Administrative Error.— (1) In general.— If the Secretary determines that as the result of an administrative error—
(A) an officer or former officer was not considered for selection for promotion by a selection board convened under section 2106; or
(B) the name of an officer or former officer was not placed on an all-fully-qualified-officers list;
the Secretary shall convene a special selection board to determine whether such officer or former officer should be recommended for promotion and such officer or former officer shall not be considered to have failed of selection for promotion prior to the consideration of the special selection board.
(2) Effect of failure to recommend for promotion.— If a special selection board convened under paragraph (1) does not recommend for promotion an officer or former officer, whose grade is below the grade of captain and whose name was referred to that board for consideration, the officer or former officer shall be considered to have failed of selection for promotion.
(b) Officers Considered But Not Selected; Material Error.— (1) In general.— In the case of an officer or former officer who was eligible for promotion, was considered for selection for promotion by a selection board convened under section 2106, and was not selected for promotion by that board, the Secretary may convene a special selection board to determine whether the officer or former officer should be recommended for promotion, if the Secretary determines that—
(A) an action of the selection board that considered the officer or former officer—
(i) was contrary to law in a matter material to the decision of the board; or
(ii) involved material error of fact or material administrative error; or
(B) the selection board that considered the officer or former officer did not have before it for consideration material information.
(2) Effect of failure to recommend for promotion.— If a special selection board convened under paragraph (1) does not recommend for promotion an officer or former officer, whose grade is that of commander or below and whose name was referred to that board for consideration, the officer or former officer shall be considered—
(A) to have failed of selection for promotion with respect to the board that considered the officer or former officer prior to the consideration of the special selection board; and
(B) to incur no additional failure of selection for promotion as a result of the action of the special selection board.
(c) Requirements for Special Selection Boards.— Each special selection board convened under this section shall—
(1) be composed in accordance with section 2107 and the members of the board shall be required to swear the oaths described in section 2109;
(2) consider the record of an applicable officer or former officer as that record, if corrected, would have appeared to the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board and that record shall be compared with a sampling of the records of—
(A) those officers of the same grade who were recommended for promotion by such prior selection board; and
(B) those officers of the same grade who were not recommended for promotion by such prior selection board; and
(3) submit to the Secretary a written report in a manner consistent with sections 2117 and 2118.
(d) Appointment of Officers Recommended for Promotion.— (1) In general.— An officer or former officer whose name is placed on a promotion list as a result of the recommendation of a special selection board convened under this section shall be appointed, as soon as practicable, to the next higher grade in accordance with the law and policies that would have been applicable to the officer or former officer had the officer or former officer been recommended for promotion by the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board.
(2) Effect.— An officer or former officer who is promoted to the next higher grade as a result of the recommendation of a special selection board convened under this section shall have, upon such promotion, the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the active duty promotion list as the officer or former officer would have had if the officer or former officer had been recommended for promotion to that grade by the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board.
(3) Record correction.— If the report of a special selection board convened under this section, as approved by the President, recommends for promotion to the next higher grade an officer not eligible for promotion or a former officer whose name was referred to the board for consideration, the Secretary may act under section 1552 of title 10 to correct the military record of the officer or former officer to correct an error or remove an injustice resulting from the officer or former officer not being selected for promotion by the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board.
(e) Application Process and Time Limits.— The Secretary shall issue regulations regarding the process by which an officer or former officer may apply to have a matter considered by a special selection board convened under this section, including time limits related to such applications.
(f) Limitation of Other Jurisdiction.— No official or court of the United States shall have authority or jurisdiction over any claim based in any way on the failure of an officer or former officer to be selected for promotion by a selection board convened under section 2106, until—
(1) the claim has been referred to a special selection board convened under this section and acted upon by that board; or
(2) the claim has been rejected by the Secretary without consideration by a special selection board convened under this section.
(g) Judicial Review.— (1) In general.— A court of the United States may review—
(A) a decision of the Secretary not to convene a special selection board under this section to determine if the court finds that the decision of the Secretary was arbitrary or capricious, not based on substantial evidence, or otherwise contrary to law; and
(B) an action of a special selection board under this section to determine if the court finds that the action of the special selection board was contrary to law or involved material error of fact or material administrative error.
(2) Remand and reconsideration.— If, with respect to a review under paragraph (1), a court makes a finding described in subparagraph (A) or (B) of that paragraph, the court shall remand the case to the Secretary and the Secretary shall provide the applicable officer or former officer consideration by a new special selection board convened under this section.
(h) Designation of Boards.— The Secretary may designate a selection board convened under section 2106 as a special selection board convened under this section. A selection board so designated may function in the capacity of a selection board convened under section 2106 and a special selection board convened under this section.
(Added Pub. L. 112213, title II, § 208(a), Dec. 20, 2012, 126 Stat. 1546, § 263; renumbered § 2120 and amended Pub. L. 115282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282, § 112(b), renumbered section 263 of this title as this section. Subsec. (a)(1)(A). Pub. L. 115282, § 123(b)(2), substituted “section 2106” for “section 251”. Subsec. (b)(1). Pub. L. 115282, § 123(b)(2), substituted “section 2106” for “section 251” in introductory provisions. Subsec. (c)(1). Pub. L. 115282, § 123(b)(2), substituted “section 2107” for “section 252” and “section 2109” for “section 254”. Subsec. (c)(3). Pub. L. 115282, § 123(b)(2), substituted “sections 2117 and 2118” for “sections 260 and 261”. Subsec. (f). Pub. L. 115282, § 123(b)(2), substituted “section 2106” for “section 251” in introductory provisions. Subsec. (h). Pub. L. 115282, § 123(b)(2), substituted “section 2106” for “section 251” in two places.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 20, 2012, with provision for convening a special selection board for certain errors occurring on or after the date that is 1 year before Dec. 20, 2012, see section 208(e)(1) of Pub. L. 112213, set out as an Effective Date of 2012 Amendment note under section 2118 of this title.
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# 14 U.S.C. § 2120a - Special selection review boards
## Text
(a) In General.— (1) If the Secretary determines that a person recommended by a promotion board for promotion to a grade at or below the grade of rear admiral is the subject of credible information of an adverse nature, including any substantiated adverse finding or conclusion described in section 2115(a)(3) of this title that was not furnished to the promotion board during its consideration of the person for promotion as otherwise required by such section, the Secretary shall convene a special selection review board under this section to review the person and recommend whether the recommendation for promotion of the person should be sustained.
(2) If a person and the recommendation for promotion of the person is subject to review under this section by a special selection review board convened under this section, the name of the person—
(A) shall not be disseminated or publicly released on the list of officers recommended for promotion by the promotion board recommending the promotion of the person; and
(B) shall not be forwarded to the President or the Senate, as applicable, or included on a promotion list under section 2121 of this title.
(b) Convening.— (1) Any special selection review board convened under this section shall be convened in accordance with the provisions of section 2120(c) of this title.
(2) Any special selection review board convened under this section may review such number of persons, and recommendations for promotion of such persons, as the Secretary shall specify in convening such special selection review board.
(c) Information Considered.— (1) In reviewing a person and recommending whether the recommendation for promotion of the person should be sustained under this section, a special selection review board convened under this section shall be furnished and consider the following:
(A) The record and information concerning the person furnished in accordance with section 2115 of this title to the promotion board that recommended the person for promotion.
(B) Any credible information of an adverse nature on the person, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry described in section 2115(a)(3) of this title.
(2) The furnishing of information to a special selection review board under paragraph (1)(B) shall be governed by the standards and procedures referred to in section 2115 of this title.
(3) (A) Before information on a person described in paragraph (1)(B) is furnished to a special selection review board for purposes of this section, the Secretary shall ensure that—
(i) such information is made available to the person; and
(ii) subject to subparagraphs (C) and (D), the person is afforded a reasonable opportunity to submit comments on such information to the special selection review board before its review of the person and the recommendation for promotion of the person under this section.
(B) If information on a person described in paragraph (1)(B) is not made available to the person as otherwise required by subparagraph (A)(i) due to the classification status of such information, the person shall, to the maximum extent practicable, be furnished a summary of such information appropriate to the persons authorization for access to classified information.
(C) (i) An opportunity to submit comments on information is not required for a person under subparagraph (A)(ii) if—
(I) such information was made available to the person in connection with the furnishing of such information under section 2115(a) of this title to the promotion board that recommended the promotion of the person subject to review under this section; and
(II) the person submitted comments on such information to that promotion board.
(ii) The comments on information of a person described in clause (i)(II) shall be furnished to the special selection review board.
(D) A person may waive either or both of the following:
(i) The right to submit comments to a special selection review board under subparagraph (A)(ii).
(ii) The furnishing of comments to a special selection review board under subparagraph (C)(ii).
(d) Consideration.— (1) In considering the record and information on a person under this section, the special selection review board shall compare such record and information with an appropriate sampling of the records of those officers who were recommended for promotion by the promotion board that recommended the person for promotion, and an appropriate sampling of the records of those officers who were considered by and not recommended for promotion by that promotion board.
(2) Records and information shall be presented to a special selection review board for purposes of paragraph (1) in a manner that does not indicate or disclose the person or persons for whom the special selection review board was convened.
(3) In considering whether the recommendation for promotion of a person should be sustained under this section, a special selection review board shall, to the greatest extent practicable, apply standards used by the promotion board that recommended the person for promotion.
(4) The recommendation for promotion of a person may be sustained under this section only if the special selection review board determines that the person—
(A) ranks on an order of merit created by the special selection review board as better qualified for promotion than the sample officer highest on the order of merit list who was considered by and not recommended for promotion by the promotion board concerned; and
(B) is comparable in qualification for promotion to those sample officers who were recommended for promotion by that promotion board.
(5) A recommendation for promotion of a person may be sustained under this section only by a vote of a majority of the members of the special selection review board.
(6) If a special selection review board does not sustain a recommendation for promotion of a person under this section, the person shall be considered to have failed of selection for promotion.
(e) Reports.— (1) Each special selection review board convened under this section shall submit to the Secretary a written report, signed by each member of the board, containing the name of each person whose recommendation for promotion it recommends for sustainment and certifying that the board has carefully considered the record and information of each person whose name was referred to it.
(2) The provisions of sections 2117(a) of this title apply to the report and proceedings of a special selection review board convened under this section in the same manner as they apply to the report and proceedings of a promotion board convened under section 2106 of this title.
(f) Appointment of Persons.— (1) If the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher grade of a person whose name was referred to it for review under this section, and the President approves the report, the person shall, as soon as practicable, be appointed to that grade in accordance with section 2121 of this title.
(2) A person who is appointed to the next higher grade as described in paragraph (1) shall, upon that appointment, have the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the active-duty list as the person would have had pursuant to the original recommendation for promotion of the promotion board concerned.
(g) Regulations.— The Secretary shall prescribe regulations to carry out this section.
(h) Promotion Board Defined.— In this section, the term “promotion board” means a selection board convened by the Secretary under section 2106 of this title.
(Added Pub. L. 117263, div. K, title CXII, § 11245(b)(1), Dec. 23, 2022, 136 Stat. 4043.)
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# 14 U.S.C. § 2121 - Promotions; appointments
## Text
(a) When the report of a board convened to recommend officers for promotion has been approved by the President, the Secretary shall place the names of all officers selected and approved on a list of selectees in the order of their seniority on the active duty promotion list. The names of all officers approved by the President and recommended by the board to be placed at the top of the list of selectees shall be placed at the top of the list of selectees in the order of seniority on the active duty promotion list.
(b) Officers on the list of selectees may be promoted by appointment in the next higher grade to fill vacancies in the authorized active duty strength of the grade as determined under section 2103 of this title after officers on any previous list of selectees for that grade have been promoted. Officers shall be promoted in the order that their names appear on the list of selectees. The date of rank of an officer promoted under this subsection shall be the date of his appointment in that grade.
(c) An officer serving on active duty in the grade of ensign may, if found fully qualified for promotion in accordance with regulations prescribed by the Secretary, be promoted to the grade of lieutenant (junior grade) by appointment after he has completed twelve months active service in grade. The date of rank of an officer promoted under this subsection shall be the date of his appointment in the grade of lieutenant (junior grade) as specified by the Secretary.
(d) When a vacancy in the grade of rear admiral occurs, the senior rear admiral (lower half) serving on the active duty promotion list shall be appointed by the President, by and with the advice and consent of the Senate, to fill the vacancy. The appointment shall be effective on the date the vacancy occurred.
(e) Appointments of regular officers under this section shall be made by the President, by and with the advice and consent of the Senate except that advice and consent is not required for appointments under this section in the grade of lieutenant (junior grade) or lieutenant. Appointments of Reserve officers shall be made as prescribed in section 12203 of title 10.
(f) (1) The promotion of an officer may be delayed without prejudice if any of the following applies:
(A) The officer is under investigation or proceedings of a court-martial or a board of officers are pending against the officer.
(B) A criminal proceeding in a Federal or State court is pending against the officer.
(C) The Secretary determines that credible information of an adverse nature, including a substantiated adverse finding or conclusion described in section 2115(a)(3), with respect to the officer will result in the convening of a special selection review board under section 2120a of this title to review the officer and recommend whether the recommendation for promotion of the officer should be sustained.
(2) (A) Subject to subparagraph (B), a promotion may be delayed under this subsection until, as applicable—
(i) the completion of the investigation or proceedings described in subparagraph (A);
(ii) a final decision in the proceeding described in subparagraph (B) is issued; or
(iii) the special selection review board convened under section 2120a of this title issues recommendations with respect to the officer.
(B) Unless the Secretary determines that a further delay is necessary in the public interest, a promotion may not be delayed under this subsection for more than one year after the date the officer would otherwise have been promoted.
(3) An officer whose promotion is delayed under this subsection and who is subsequently promoted shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held had his promotion not been so delayed.
(Added Pub. L. 88130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 181, § 271; amended Pub. L. 91278, § 1(8), June 12, 1970, 84 Stat. 305; Pub. L. 97417, § 2(5), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 101225, title II, § 203(2), Dec. 12, 1989, 103 Stat. 1911; Pub. L. 103337, div. A, title XVI, § 1677(b)(2), Oct. 5, 1994, 108 Stat. 3020; Pub. L. 107295, title III, § 313(3), Nov. 25, 2002, 116 Stat. 2103; renumbered § 2121 and amended Pub. L. 115282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240; Pub. L. 117263, div. K, title CXII, § 11245(d), Dec. 23, 2022, 136 Stat. 4046.)
## Notes
Editorial Notes
Amendments2022—Subsec. (f). Pub. L. 117263 amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “The promotion of an officer who is under investigation or against whom proceedings of a court-martial or a board of officers are pending may be delayed without prejudice by the Secretary until completion of the investigation or proceedings. However, unless the Secretary determines that a further delay is necessary in the public interest, a promotion may not be delayed under this subsection for more than one year after the date the officer would otherwise have been promoted. An officer whose promotion is delayed under this subsection and who is subsequently promoted shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held had his promotion not been so delayed.” 2018—Pub. L. 115282, § 112(b), renumbered section 271 of this title as this section. Subsec. (b). Pub. L. 115282, § 123(b)(2), substituted “section 2103” for “section 42”. 2002—Subsec. (a). Pub. L. 107295 inserted at end “The names of all officers approved by the President and recommended by the board to be placed at the top of the list of selectees shall be placed at the top of the list of selectees in the order of seniority on the active duty promotion list.” 1994—Subsec. (e). Pub. L. 103337 substituted “section 12203 of title 10” for “section 593 of title 10”. 1989—Subsec. (e). Pub. L. 101225 inserted “except that advice and consent is not required for appointments under this section in the grade of lieutenant (junior grade) or lieutenant” before the period at end of first sentence. 1985—Subsec. (d). Pub. L. 99145 substituted “rear admiral (lower half)” for “commodore”. 1983—Subsec. (c). Pub. L. 97417, § 2(5)(A), inserted a comma after “ensign may”. Subsecs. (d) to (f). Pub. L. 97417, § 2(5)(B), (C), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. 1970—Subsec. (c). Pub. L. 91278 substituted “twelve” for “eighteen”.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.
Rule of ConstructionPub. L. 112213, title II, § 208(e)(2), Dec. 20, 2012, 126 Stat. 1549, provided that: “Sections 271, 272, and 273 [now 2121, 2122, and 2123] of title 14, United States Code, apply to the activities of— “(A) a selection board convened under section 251 [now 2106] of such title; and “(B) a special selection board convened under section 263 [now 2120] of such title.”
Permanent Grades and Titles for Officers Holding Certain Grades on January 3, 1983Pub. L. 97417, § 4, Jan. 4, 1983, 96 Stat. 2087, provided that: “(a) An officer of the Coast Guard who on the day before the effective date of this Act [Jan. 4, 1983]—“(1) was serving on active duty in the grade of rear admiral and was receiving the basic pay of a rear admiral of the upper half; or “(2) was serving on active duty in the grade of admiral or vice admiral, shall after that date hold the permanent grade of rear admiral. “(b) An officer who on the day before the effective date of this Act [Jan. 4, 1983] was serving on active duty in the grade of rear admiral and was receiving the basic pay of a rear admiral of the lower half shall after that date hold the permanent grade of commodore, but shall retain the title of rear admiral. “(c) An officer who on the day before the effective date of this Act [Jan. 4, 1983] was on an approved list of officers recommended for promotion to the grade of rear admiral shall, upon promotion, hold the grade of commodore with the title of rear admiral. “(d) An officer who on the day before the effective date of this Act [Jan. 4, 1983]—“(1) was serving on active duty in the grade of rear admiral and was entitled to the basic pay of a rear admiral of the lower half; or “(2) was on an approved list of officers recommended for promotion to the grade of rear admiral, shall, on and after the effective date of this Act, or in the case of an officer on such a list, upon promotion to the grade of commodore, be entitled to wear the uniform and insignia of a rear admiral. “(e) An officer of the Coast Guard who on the day before the effective date of this Act [Jan. 4, 1983] held the grade of rear admiral on the retired list retains the grade of rear admiral and is entitled after that date to wear the uniform and insignia of a rear admiral. Such an officer, when ordered to active duty—“(1) holds the grade and has the right to wear the uniform and insignia of a rear admiral; and “(2) ranks among commissioned officers of the Armed Forces as and is entitled to the basic pay of—“(A) a commodore, if his retired pay was based on the basic pay of a rear admiral of the lower half on the day before the effective date of this Act; or “(B) a rear admiral, if his retired pay was based on the basic pay of a rear admiral of the upper half on the day before the effective date of this Act. “(f) Unless entitled to a higher grade under another provision of law, an officer who on the day before the effective date of this Act [Jan. 4, 1983]—“(1) was serving on active duty, and “(2) held the grade of rear admiral; and who retires on or after the effective date of this Act, retires in the grade of rear admiral and is entitled to wear the uniform and insignia of a rear admiral. If such an officer is ordered to active duty after his retirement, he is considered, for the purposes of determining his pay, uniform, insignia, and rank among other commissioned officers, as having held the grade of rear admiral on the retired list on the day before the effective date of this Act.”
Temporary Grades and Recommendations for Promotions in Effect Prior to September 24, 1963Savings provisions in section 5(a), (b), and (d) of Pub. L. 88130, protecting officers recommended for promotion or serving in temporary grade higher than permanent grade, are set out as a note under section 2101 of this title.
Executive Documents
Delegation of Authority Authority of President under subsec. (e) of this section to appoint officers in the grades of lieutenant (junior grade) and lieutenant delegated to Secretary of Homeland Security by Ex. Ord. No. 14106, § 1(d), Aug. 14, 2023, 88 F.R. 55905, set out in a note under section 2101 of this title.
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# 14 U.S.C. § 2122 - Removal of officer from list of selectees for promotion
## Text
(a) The President may remove the name of any officer from a list of selectees established under section 2121 of this title.
(b) If the Senate does not consent to the appointment of an officer whose name is on a list of selectees established under section 2121 of this title, that officers name shall be removed from this list.
(c) An officer whose name is removed from a list under subsection (a) or (b) continues to be eligible for consideration for promotion. If he is selected for promotion by the next selection board and promoted, he shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held if his name had not been removed. However, if the officer is not selected by the next selection board or if his name is again removed from the list of selectees, he shall be considered for all purposes as having twice failed of selection for promotion.
(Added Pub. L. 88130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 182, § 272; renumbered § 2122 and amended Pub. L. 115282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282, § 112(b), renumbered section 272 of this title as this section. Subsecs. (a), (b). Pub. L. 115282, § 123(b)(2), substituted “section 2121” for “section 271”.
Executive Documents
Delegation of Authority Authority of President under subsec. (a) of this section to remove a name of an officer from a list of selectees delegated to Secretary of Homeland Security by Ex. Ord. No. 14106, § 1(b), Aug. 14, 2023, 88 F.R. 55905, set out in a note under section 2101 of this title.
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# 14 U.S.C. § 2123 - Promotions; acceptance; oath of office
## Text
(a) An officer who receives an appointment under section 2121 of this title is considered to have accepted his appointment on its effective date, unless he expressly declines the appointment.
(b) An officer who has served continuously since he subscribed to the oath of office prescribed in section 3331 of title 5 is not required to take a new oath upon his appointment in a higher grade.
(Added Pub. L. 88130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 182, § 273; amended Pub. L. 94546, § 1(20), Oct. 18, 1976, 90 Stat. 2520; renumbered § 2123 and amended Pub. L. 115282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282, § 112(b), renumbered section 273 of this title as this section. Subsec. (a). Pub. L. 115282, § 123(b)(2), substituted “section 2121” for “section 271”. 1976—Subsec. (b). Pub. L. 94546 substituted reference to section 3331 of title 5 for reference to section 16 of title 5.
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# 14 U.S.C. § 2124 - Promotions; pay and allowances
## Text
An officer who is promoted under section 2121 of this title shall be entitled to the pay and allowances of the grade to which promoted from his date of rank in such grade.
(Added Pub. L. 88130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 182, § 274; renumbered § 2124 and amended Pub. L. 115282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282, § 123(b)(2), substituted “section 2121” for “section 271”. Pub. L. 115282, § 112(b), renumbered section 274 of this title as this section.
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# 14 U.S.C. § 2125 - Wartime temporary service promotions
## Text
(a) In time of war, or of national emergency declared by the President or Congress, the President may suspend any section of this chapter relating to the selection, promotion, or involuntary separation of officers. Such a suspension may not continue beyond six months after the termination of the war or national emergency.
(b) When the preceding sections of this chapter relating to selection and promotion of officers are suspended in accordance with subsection (a), and the needs of the service require, the President may, under regulations prescribed by him, promote to a higher grade any officer serving on active duty in the grade of ensign or above in the Coast Guard.
(c) In time of war, or of national emergency declared by the President or Congress, the President may, under regulations to be prescribed by him, promote to the next higher warrant officer grade any warrant officer serving on active duty in a grade below chief warrant officer, W4.
[(d) Repealed. Pub. L. 97417, § 2(6), Jan. 4, 1983, 96 Stat. 2085.]
(e) A promotion under this section to a grade above lieutenant may be made only upon the recommendation of a board of officers convened for that purpose.
(f) A promotion under this section shall be made by an appointment for temporary service. Original appointments under this section in the grades of lieutenant commander and above shall be made by the President by and with the advice and consent of the Senate. Original appointments under this section in the grades of ensign through lieutenant shall be made by the President alone. Any other appointments under this section shall be made by the President alone.
(g) An appointment under this section, unless expressly declined, is regarded as accepted on the date specified by the Secretary as the date of the appointment, and the officer so promoted is entitled to pay and allowances of the grade to which appointed from that date.
(h) An appointment under this section does not terminate any appointments held by an officer concerned under any other provisions of this title. The President may terminate temporary appointments made under this section at any time. An appointment under this section is effective for such period as the President determines. However, an appointment may not be effective later than six months after the end of the war or national emergency. When his temporary appointment under this section is terminated or expires, the officer shall revert to his former grade.
(i) Not later than six months after the end of the war or national emergency the President shall, under such regulations as he may prescribe, reestablish the active duty promotion list with adjustments and additions appropriate to the conditions of original appointment and wartime service of all officers to be included thereon. The President may, by and with the advice and consent of the Senate, appoint officers on the reestablished active duty promotion list to fill vacancies in the authorized active duty strength of each grade. Such appointments shall be considered to have been made under section 2121 of this title.
(Added Pub. L. 88130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 182, § 275; amended Pub. L. 92129, title VI, § 605, Sept. 28, 1971, 85 Stat. 362; Pub. L. 97417, § 2(6), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 109241, title II, § 217(b), July 11, 2006, 120 Stat. 526; renumbered § 2125 and amended Pub. L. 115282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282, § 112(b), renumbered section 275 of this title as this section. Subsec. (i). Pub. L. 115282, § 123(b)(2), substituted “section 2121” for “section 271”. 2006—Subsec. (f). Pub. L. 109241 substituted “Original appointments under this section in the grades of lieutenant commander and above shall be made by the President by and with the advice and consent of the Senate. Original appointments under this section in the grades of ensign through lieutenant shall be made by the President alone.” for “An appointment under this section to a grade above captain shall be made by the President by and with the advice and consent of the Senate. An appointment under this section to grade above lieutenant commander of an officer in the Coast Guard Reserve shall be made by the President, by and with the advice and consent of the Senate.” 1983—Subsec. (d). Pub. L. 97417 repealed subsec. (d) which had established the grade of commodore in the Coast Guard for the purposes of this section. 1971—Subsec. (f). Pub. L. 92129 inserted provision covering appointments of officers in the Coast Guard Reserve to grades above lieutenant commander.
Executive Documents
Delegation of Authority Authority of President under this section, during a time of war or national emergency, to suspend the operation of any law relating to the selection, promotion, or involuntary separation of officers of the Coast Guard, and to temporarily promote officers serving on active duty and chief warrant officers serving on active duty, delegated to Secretary of Homeland Security without the approval, ratification, or other action by the President by Ex. Ord. No. 14106, § 2(a), Aug. 14, 2023, 88 F.R. 55905, set out in a note under section 2101 of this title. Authority of President under subsec. (a) of this section, as invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, delegated to Secretary of Homeland Security by section 5 of Ex. Ord. No. 13223, set out as a note under section 12302 of Title 10, Armed Forces.
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# 14 U.S.C. § 2126 - Promotion of officers not included on active duty promotion list
## Text
Officers who are not included on the active duty promotion list may be promoted under regulations to be prescribed by the Secretary. These regulations shall, as to officers serving in connection with organizing, administering, recruiting, instructing, or training the reserve components and as to officers designated by the Secretary pursuant to this section, provide as nearly as practicable, that such officers will be selected and promoted in the same manner and will be afforded equal opportunity for promotion as officers of the corresponding grade on the active duty promotion list.
(Added Pub. L. 88130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 183, § 276; renumbered § 2126, Pub. L. 115282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216; amended Pub. L. 11960, div. G, title LXXII, § 7221(c)(3), Dec. 18, 2025, 139 Stat. 1700.)
## Notes
Editorial Notes
Amendments2025—Pub. L. 11960 inserted “and as to officers designated by the Secretary pursuant to this section” after “reserve components” in second sentence. 2018—Pub. L. 115282 renumbered section 276 of this title as this section.
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# 14 U.S.C. § 2127 - Recall to active duty during war or national emergency
## Text
In time of war or national emergency, the Secretary may order any regular officer on the retired list to active duty.
(Added Pub. L. 88130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 189, § 331; renumbered § 2127, Pub. L. 115282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 331 of this title as this section.
Executive Documents
Delegation of Authority For delegation of authority under this section, as invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, to Secretary of Homeland Security when Coast Guard is not serving as part of Navy, see section 5 of Ex. Ord. No. 13223, set out as a note under section 12302 of Title 10, Armed Forces.
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# 14 U.S.C. § 2128 - Recall to active duty with consent of officer
## Text
(a) Any regular officer on the retired list may, with that officers consent, be assigned to such duties as that officer may be able to perform.
(b) The number of retired officers on active duty in the grade of lieutenant commander, commander, or captain shall not exceed 2 percent of the authorized number of officers on active duty in each such grade. However, this limitation does not apply to retired officers of these grades recalled to serve as members of courts, boards, panels, surveys, or special projects for periods not to exceed one year.
(Added Pub. L. 88130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 189, § 332; amended Pub. L. 89444, § 1(18), June 9, 1966, 80 Stat. 196; Pub. L. 91278, § 1(9), June 12, 1970, 84 Stat. 305; Pub. L. 102241, § 14, Dec. 19, 1991, 105 Stat. 2213; renumbered § 2128, Pub. L. 115282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282 renumbered section 332 of this title as this section. 1991—Subsec. (a). Pub. L. 102241, § 14(b), substituted “that officers” for “his” and “that officer” for “he”. Subsec. (b). Pub. L. 102241, § 14(a), substituted “2” for “1”. 1970—Subsec. (a). Pub. L. 91278 struck out prohibition against recall to duty in time of peace of any officer on retired list who reached age of sixty-two years. 1966—Subsec. (b). Pub. L. 89444 provided that the percentage limitation on the number of retired officers on active duty in the grade of lieutenant commander, commander, or captain should not apply to retired officers of those grades recalled to serve as members of courts, boards, panels, surveys, or special projects for periods not to exceed one year.
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# 14 U.S.C. § 2129 - Aviation cadets; appointment as Reserve officers
## Text
(a) An aviation cadet designated under section 2317 who fulfills the eligibility requirements of section 2003 of title 10 for designation as a naval aviator may be appointed an ensign in the Coast Guard Reserve and designated a Coast Guard aviator.
(b) Aviation cadets who complete their training at approximately the same time are considered for all purposes to have begun their commissioned service on the same date, and the decision of the Secretary in this regard is conclusive.
(Added Pub. L. 89444, § 1(20), June 9, 1966, 80 Stat. 197, § 373; amended Pub. L. 94546, § 1(28), Oct. 18, 1976, 90 Stat. 2521; renumbered § 2129 and amended Pub. L. 115282, title I, § 112(b), title III, § 313, Dec. 4, 2018, 132 Stat. 4216, 4249.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115282, § 112(b), renumbered section 373 of this title as this section. Subsec. (a). Pub. L. 115282, § 313, inserted “designated under section 2317” after “cadet”. 1976—Subsec. (a). Pub. L. 94546 substituted reference to section 2003 of title 10 for reference to section 6023(b) of title 10.
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# 14 U.S.C. § 2130 - Promotion to certain grades for officers with critical skills: captain, commander, lieutenant commander, lieutenant
## Text
(a) In General.— An officer in the grade of lieutenant (junior grade), lieutenant, lieutenant commander, or commander who is described in subsection (b) may be temporarily promoted to the grade of lieutenant, lieutenant commander, commander, or captain under regulations prescribed by the Secretary. Appointments under this section shall be made by the President, by and with the advice and consent of the Senate.
(b) Covered Officers.— An officer described in this subsection is any officer in a grade specified in subsection (a) who—
(1) has a skill in which the Coast Guard has a critical shortage of personnel (as determined by the Secretary); and
(2) is serving in a position (as determined by the Secretary) that—
(A) is designated to be held by a lieutenant, lieutenant commander, commander, or captain; and
(B) requires that an officer serving in such position have the skill possessed by such officer.
(c) Preservation of Position and Status of Officers Appointed.— (1) The temporary positions authorized under this section shall not be counted among or included in the list of positions on the active duty promotion list.
(2) An appointment under this section does not change the position on the active duty list or the permanent, probationary, or acting status of the officer so appointed, prejudice the officer in regard to other promotions or appointments, or abridge the rights or benefits of the officer.
(d) Board Recommendation Required.— A temporary promotion under this section may be made only upon the recommendation of a board of officers convened by the Secretary for the purpose of recommending officers for such promotions.
(e) Acceptance and Effective Date of Appointment.— Each appointment under this section, unless expressly declined, is, without formal acceptance, regarded as accepted on the date such appointment is made, and a member so appointed is entitled to the pay and allowances of the grade of the temporary promotion under this section beginning on the date the appointment is made.
(f) Termination of Appointment.— Unless sooner terminated, an appointment under this section terminates—
(1) on the date the officer who received the appointment is promoted to the permanent grade of lieutenant, lieutenant commander, commander, or captain;
(2) on the date the officer is detached from a position described in subsection (b)(2), unless the officer is on a promotion list to the permanent grade of lieutenant, lieutenant commander, commander, or captain, in which case the appointment terminates on the date the officer is promoted to that grade;
(3) when the appointment officer determines that the officer who received the appointment has engaged in misconduct or has displayed substandard performance; or
(4) when otherwise determined by the Commandant to be in the best interests of the Coast Guard.
(g) Limitation on Number of Eligible Positions.— An appointment under this section may only be made for service in a position designated by the Secretary for the purposes of this section. The number of positions so designated may not exceed the following percentages of the respective grades:
(1) As lieutenant, 0.5 percent.
(2) As lieutenant commander, 3.0 percent.
(3) As commander, 2.6 percent.
(4) As captain, 2.6 percent.
(Added Pub. L. 116283, div. G, title LVXXXII [LXXXII], § 8203(a), Jan. 1, 2021, 134 Stat. 4643.)
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# 14 U.S.C. § 2131 - College student pre-commissioning initiative
## Text
(a) In General.— There is authorized within the Coast Guard a college student pre-commissioning initiative program (in this section referred to as the “Program” ) for eligible undergraduate students to enlist and receive a guaranteed commission as an officer in the Coast Guard.
(b) Criteria for Selection.— To be eligible for the Program a student must meet the following requirements upon submitting an application:
(1) Age.— A student must be not less than 19 years old and not more than 27 years old as of September 30 of the fiscal year in which the Program selection panel selecting such student convenes.
(2) Character.— (A) All applicants.— All applicants must be of outstanding moral character and meet other character requirements as set forth by the Commandant.
(B) Coast guard applicants.— An applicant serving in the Coast Guard may not be commissioned if in the 36 months prior to the first Officer Candidate School class convening date in the selection cycle, such applicant was convicted by a court-martial or awarded nonjudicial punishment, or did not meet performance or character requirements set forth by the Commandant.
(3) Citizenship.— A student must be a United States citizen.
(4) Clearance.— A student must be eligible for a secret clearance.
(5) Dependency.— (A) In general.— A student may not have more than 2 dependents.
(B) Sole custody.— A student who is single may not have sole or primary custody of dependents.
(6) Education.— (A) Institution.— A student must be an undergraduate sophomore or junior—
(i) at a historically Black college or university described in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)) or an institution of higher education described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)); or
(ii) an undergraduate sophomore or junior enrolled at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that, at the time of application of the sophomore or junior, has had for 3 consecutive years an enrollment of undergraduate full-time equivalent students (as defined in section 312(e) of such Act (20 U.S.C. 1058(e))) that is a total of at least 50 percent Black American, Hispanic, Asian American (as defined in section 371(c) of such Act (20 U.S.C. 1067q(c))), Native American Pacific Islander (as defined in such section), or Native American (as defined in such section), among other criteria, as determined by the Commandant.
(B) Location.— The institution at which such student is an undergraduate must be within 100 miles of a Coast guard 11 So in original. Probably should be “Guard”. unit or Coast Guard Recruiting Office unless otherwise approved by the Commandant.
(C) Records.— A student must meet credit and grade point average requirements set forth by the Commandant.
(7) Medical and administrative.— A student must meet other medical and administrative requirements as set forth by the Commandant.
(c) Enlistment and Obligation.— Individuals selected and accept to participate in the Program shall enlist in the Coast Guard in pay grade E3 with a 4-year duty obligation and 4-year inactive Reserve obligation.
(d) Military Activities Prior to Officer Candidate School.— Individuals enrolled in the Program shall participate in military activities each month, as required by the Commandant, prior to attending Officer Candidate School.
(e) Participation in Officer Candidate School.— Each graduate of the Program shall attend the first enrollment of Officer Candidate School that commences after the date of such graduates graduation.
(f) Commissioning.— Upon graduation from Officer Candidate School, Program graduates shall be discharged from enlisted status and commissioned as an O1 with an initial 3-year duty obligation.
(g) Briefing.— (1) In general.— Not later than August 15 of each year, the Commandant shall provide a briefing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the Program.
(2) Contents.— The briefing required under paragraph (1) shall describe—
(A) outreach and recruitment efforts over the previous year; and
(B) demographic information of enrollees including—
(i) race;
(ii) ethnicity;
(iii) gender;
(iv) geographic origin; and
(v) educational institution.
(Added Pub. L. 116283, div. G, title LVXXXII [LXXXII], § 8276(a), Jan. 1, 2021, 134 Stat. 4685.)
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type: "LegalText"
title: "14 U.S.C. § 2132"
description: "Designation of officers with particular expertise in military justice or healthcare"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 14
title_name: "COAST GUARD"
chapter_number: "21"
chapter_name: "PERSONNEL; OFFICERS"
section: "2132"
citation: "14 U.S.C. § 2132"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc14@119-100.zip"
source_identifier: "/us/usc/t14/s2132"
source_file: "data/legal/raw/us/code/title-14/usc14.xml"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 14 U.S.C. § 2132 - Designation of officers with particular expertise in military justice or healthcare
## Text
(a) Secretary Designation.— The Secretary may designate a limited number of officers of the Coast Guard as having particular expertise in—
(1) military justice; or
(2) healthcare.
(b) Promotion and Grade.— An individual designated under this section—
(1) shall not be included on the active duty promotion list;
(2) shall be promoted under section 2126; and
(3) may not be promoted to a grade higher than captain.
(Added Pub. L. 11960, div. G, title LXXII, § 7221(a), Dec. 18, 2025, 139 Stat. 1699.)

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