1. U.S. Code
  2. title 14
  3. subtitle I
  4. chapter 5
  5. subchapter I
  6. § 505

Collapse to view only § 505. Functions and powers vested in the Commandant

§ 501. Secretary; general powers
For the purpose of executing the duties and functions of the Coast Guard the Secretary may within the limits of appropriations made therefor:
(a) establish, change the limits of, consolidate, discontinue, and re-establish Coast Guard districts;
(b) arrange with the Secretaries of the Army, Navy and Air Force to assign members of the Coast Guard to any school maintained by the Army, Navy, and Air Force, for instruction and training, including aviation schools;
(c) construct, or cause to be constructed, Coast Guard shore establishments;
(d) design or cause to be designed, cause to be constructed, accept as gift, or otherwise acquire vessels, aircraft, and systems, and subject to applicable regulations under subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 dispose of them;
(e) acquire land or interests in land, including acceptance of gifts thereof, where required for the purpose of carrying out any project or purpose for which an appropriation has been made;
(f) exchange land or interests in land in part or in full payment for such other land or interests in land as may be necessary or desirable, the balance of such part payment to be defrayable in accordance with other provisions of this section;
(g) exercise any of the powers vested by this title in the Commandant in any case in which the Secretary deems it appropriate; and
(h) do any and all things necessary to carry out the purposes of this title.
(Aug. 4, 1949, ch. 393, 63 Stat. 503, § 92; Oct. 31, 1951, ch. 654, §§ 1(32), 2(9), 3(3), 65 Stat. 702, 707, 708; Pub. L. 97–295, § 2(4), Oct. 12, 1982, 96 Stat. 1301; Pub. L. 98–557, § 15(a)(3)(D), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 107–217, § 3(c)(1), Aug. 21, 2002, 116 Stat. 1298; Pub. L. 111–350, § 5(c)(1), Jan. 4, 2011, 124 Stat. 3847; Pub. L. 115–232, div. C, title XXXV, § 3533(a), Aug. 13, 2018, 132 Stat. 2321; renumbered § 501 and amended Pub. L. 115–282, title I, § 105(b), title III, § 311(a), Dec. 4, 2018, 132 Stat. 4200, 4248.)

CITE AS: 14 USC 501

§ 502. Delegation of powers by the Secretary

The Secretary is authorized to confer or impose upon the Commandant any of the rights, privileges, powers, or duties, in respect to the administration of the Coast Guard, vested in or imposed upon the Secretary by this title or other provisions of law.

(Aug. 4, 1949, ch. 393, 63 Stat. 544, § 631; Pub. L. 94–546, § 1(33), Oct. 18, 1976, 90 Stat. 2521; renumbered § 502, Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200.)

CITE AS: 14 USC 502

§ 503. Regulations

In addition to the authority conferred by other provisions of this title the Secretary may promulgate such regulations and orders as he deems appropriate to carry out the provisions of this title or any other law applicable to the Coast Guard.

(Aug. 4, 1949, ch. 393, 63 Stat. 545, § 633; renumbered § 503, Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200.)

CITE AS: 14 USC 503

§ 504. Commandant; general powers
(a) For the purpose of executing the duties and functions of the Coast Guard the Commandant may:
(1) maintain water, land, and air patrols, and ice-breaking facilities;
(2) establish and prescribe the purpose of, change the location of, consolidate, discontinue, re-establish, maintain, operate, and repair Coast Guard shore establishments;
(3) assign vessels, aircraft, vehicles, aids to navigation, equipment, appliances, and supplies to Coast Guard districts and shore establishments, and transfer any of the foregoing from one district or shore establishment to another;
(4) conduct experiments and investigate, or cause to be investigated, plans, devices, and inventions relating to the performance of any Coast Guard function, including research, development, test, or evaluation related to intelligence systems and capabilities;
(5) conduct any investigations or studies that may be of assistance to the Coast Guard in the performance of any of its powers, duties, or functions;
(6) collect, publish, and distribute information concerning Coast Guard operations;
(7) conduct or make available to personnel of the Coast Guard, and to eligible spouses as defined under section 2904, such specialized training and courses of instruction, including correspondence courses and the textbooks, manuals, and other materials required as part of such training or course of instruction, as may be necessary or desirable for the good of the service;
(8) design or cause to be designed, cause to be constructed, accept as gift, or otherwise acquire patrol boats and other small craft, equip, operate, maintain, supply, and repair such patrol boats, other small craft, aircraft, and vehicles, and subject to applicable regulations under subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 dispose of them;
(9) acquire, accept as gift, maintain, repair, and discontinue aids to navigation, appliances, equipment, and supplies;
(10) equip, operate, maintain, supply, and repair Coast Guard districts and shore establishments;
(11) establish, equip, operate, and maintain shops, depots, and yards for the manufacture and construction of aids to navigation, equipment, apparatus, vessels, vehicles, and aircraft not normally or economically obtainable from private contractors, and for the maintenance and repair of any property used by the Coast Guard;
(12) accept and utilize, in times of emergency in order to save life or protect property, such voluntary services as may be offered to the Coast Guard;
(13) rent or lease, under such terms and conditions as are deemed advisable, for a period not exceeding five years, such real property under the control of the Coast Guard as may not be required for immediate use by the Coast Guard, the monies received from any such rental or lease, less amount of expenses incurred (exclusive of governmental personal services), to be deposited in the fund established under section 2946;
(14) grant, under such terms and conditions as are deemed advisable, permits, licenses, easements, and rights-of-way over, across, in, and upon lands under the control of the Coast Guard when in the public interest and without substantially injuring the interests of the United States in the property thereby affected;
(15) establish, install, abandon, re-establish, reroute, operate, maintain, repair, purchase, or lease such telephone and telegraph lines and cables, together with all facilities, apparatus, equipment, structures, appurtenances, accessories, and supplies used or useful in connection with the installation, operation, maintenance, or repair of such lines and cables, including telephones in residences leased or owned by the Government of the United States when appropriate to assure efficient response to extraordinary operational contingencies of a limited duration, and acquire such real property rights of way, easements, or attachment privileges as may be required for the installation, operation, and maintenance of such lines, cables, and equipment;
(16) establish, install, abandon, reestablish, change the location of, operate, maintain, and repair radio transmitting and receiving stations;
(17) provide medical and dental care for personnel entitled thereto by law or regulation, including care in private facilities;
(18) accept, under terms and conditions the Commandant establishes, the service of an individual ordered to perform community service under the order of a Federal, State, or municipal court;
(19) notwithstanding any other law, enter into cooperative agreements with States, local governments, non-governmental organizations, and individuals, to accept and utilize voluntary services for the maintenance and improvement of natural and historic resources on, or to benefit natural and historic research on, Coast Guard facilities, subject to the requirement that—
(A) the cooperative agreements shall each provide for the parties to contribute funds or services on a matching basis to defray the costs of such programs, projects, and activities under the agreement; and
(B) an individual providing voluntary services under this subsection shall not be considered a Federal employee except for purposes of chapter 81 of title 5, United States Code, with respect to compensation for work-related injuries, and chapter 171 of title 28, United States Code, with respect to tort claims;
(20) enter into cooperative agreements with other Government agencies and the National Academy of Sciences;
(21) require that any member of the Coast Guard or Coast Guard Reserve (including a cadet or an applicant for appointment or enlistment to any of the foregoing and any member of a uniformed service who is assigned to the Coast Guard) request that all information contained in the National Driver Register pertaining to the individual, as described in section 30304(a) of title 49, be made available to the Commandant under section 30305(b)(7) of title 49, may receive that information, and upon receipt, shall make the information available to the individual;
(22) provide for the honorary recognition of individuals and organizations that significantly contribute to Coast Guard programs, missions, or operations, including State and local governments and commercial and nonprofit organizations, and pay for, using any appropriations or funds available to the Coast Guard, plaques, medals, trophies, badges, and similar items to acknowledge such contribution (including reasonable expenses of ceremony and presentation);
(23) rent or lease, under such terms and conditions as are considered by the Secretary to be advisable, commercial vehicles to transport the next of kin of eligible retired Coast Guard military personnel to attend funeral services of the service member at a national cemetery;
(24) after informing the Secretary, make such recommendations to the Congress relating to the Coast Guard as the Commandant considers appropriate;
(25) enter into cooperative agreements, contracts, and other agreements with Federal entities and other public or private entities, including academic entities, to develop a positioning, navigation, and timing system to provide redundant capability in the event Global Positioning System signals are disrupted, which may consist of an enhanced LORAN system; and
(26) develop data workflows and processes for the leveraging of mission-relevant data by the Coast Guard to enhance operational effectiveness and efficiency.
(b)
(1) Notwithstanding subsection (a)(13), a lease described in paragraph (2) of this subsection may be for a term of up to 20 years.
(2) A lease referred to in paragraph (1) is a lease—
(A) to the United States Coast Guard Academy Alumni Association for the construction of an Alumni Center on the grounds of the United States Coast Guard Academy; or
(B) to an entity with which the Commandant has a cooperative agreement under section 4(e) 1
1 See References in Text note below.
of the Ports and Waterways Safety Act, and for which a term longer than 5 years is necessary to carry out the agreement.
(c)Marine Safety Responsibilities.—In exercising the Commandant’s duties and responsibilities with regard to marine safety, the individual with the highest rank who meets the experience qualifications set forth in section 305(a)(3) shall serve as the principal advisor to the Commandant regarding—
(1) the operation, regulation, inspection, identification, manning, and measurement of vessels, including plan approval and the application of load lines;
(2) approval of materials, equipment, appliances, and associated equipment;
(3) the reporting and investigation of marine casualties and accidents;
(4) the licensing, certification, documentation, protection and relief of merchant mariners;
(5) suspension and revocation of licenses and certificates;
(6) enforcement of manning requirements, citizenship requirements, control of log books;
(7) documentation and numbering of vessels;
(8) State boating safety programs;
(9) commercial instruments and maritime liens;
(10) the administration of bridge safety;
(11) administration of the navigation rules;
(12) the prevention of pollution from vessels;
(13) ports and waterways safety;
(14) waterways management; including regulation for regattas and marine parades;
(15) aids to navigation; and
(16) other duties and powers of the Secretary related to marine safety and stewardship.
(d)Other Authority Not Affected.—Nothing in subsection (c) affects—
(1) the authority of Coast Guard officers and members to enforce marine safety regulations using authority under section 522 of this title; or
(2) the exercise of authority under section 527 of this title and the provisions of law codified at sections 191 through 195 of title 50 on the date of enactment of this paragraph.
(e)Operation and Maintenance of Coast Guard Assets and Facilities.—All authority, including programmatic budget authority, for the operation and maintenance of Coast Guard vessels, aircraft, systems, aids to navigation, infrastructure, and other assets or facilities shall be allocated to and vested in the Coast Guard and the department in which the Coast Guard is operating.
(f)Leasing of Tidelands and Submerged Lands.—
(1)Authority.—The Commandant may lease under subsection (a)(13) submerged lands and tidelands under the control of the Coast Guard without regard to the limitation under that subsection with respect to lease duration.
(2)Limitation.—The Commandant may lease submerged lands and tidelands under paragraph (1) only if—
(A) the lease is for cash exclusively;
(B) the lease amount is equal to the fair market value of the use of the leased submerged lands or tidelands for the period during which such lands are leased, as determined by the Commandant;
(C) the lease does not provide authority to or commit the Coast Guard to use or support any improvements to such submerged lands and tidelands, or obtain goods and services from the lessee; and
(D) proceeds from the lease are deposited in the Coast Guard Housing Fund established under section 2946.
(Aug. 4, 1949, ch. 393, 63 Stat. 504, § 93; Aug. 3, 1950, ch. 536, § 2, 64 Stat. 406; Oct. 31, 1951, ch. 654, §§ 1(33), 2(10), 4(1), 65 Stat. 702, 707, 709; Pub. L. 94–546, § 1(9), Oct. 18, 1976, 90 Stat. 2519; Pub. L. 97–136, § 6(d), Dec. 29, 1981, 95 Stat. 1706; Pub. L. 97–276, § 143, Oct. 2, 1982, 96 Stat. 1199; Pub. L. 97–295, § 2(4), Oct. 12, 1982, 96 Stat. 1301; Pub. L. 97–322, title I, § 115(c), Oct. 15, 1982, 96 Stat. 1586; Pub. L. 102–241, § 7, Dec. 19, 1991, 105 Stat. 2212; Pub. L. 103–206, title II, § 202, title III, § 316, Dec. 20, 1993, 107 Stat. 2420, 2426;

CITE AS: 14 USC 504

§ 505. Functions and powers vested in the Commandant

All powers and functions conferred upon the Coast Guard, or the Commandant, by or pursuant to this title or any other law shall, unless otherwise specifically stated, be executed by the Commandant subject to the general supervision of the Secretary. In order to execute the powers and functions vested in him, the Commandant may assign personnel of the Coast Guard to duty in the District of Columbia, elsewhere in the United States, in any territory of the United States, and in any foreign country, but such personnel shall not be assigned to duties in any foreign country without the consent of the government of that country; assign to such personnel such duties and authority as he deems necessary; and issue rules, orders, and instructions, not inconsistent with law, relating to the organization, internal administration, and personnel of the Coast Guard.

(Aug. 4, 1949, ch. 393, 63 Stat. 545, § 632; renumbered § 505, Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200.)

CITE AS: 14 USC 505

§ 506. Prospective payment of funds necessary to provide medical care
(a)Prospective Payment Required.—In lieu of the reimbursement required under section 1085 of title 10, the Secretary of Homeland Security shall make a prospective payment to the Secretary of Defense of an amount that represents the actuarial valuation of treatment or care—
(1) that the Department of Defense shall provide to members of the Coast Guard, former members of the Coast Guard, and dependents of such members and former members (other than former members and dependents of former members who are a Medicare-eligible beneficiary or for whom the payment for treatment or care is made from the Medicare-Eligible Retiree Health Care Fund as established under chapter 56 of title 10) at facilities under the jurisdiction of the Department of Defense or a military department; and
(2) for which a reimbursement would otherwise be made under section 1085.
(b)Amount.—The amount of the prospective payment under subsection (a) shall be—
(1) in the case of treatment or care to be provided to members of the Coast Guard and their dependents, derived from amounts appropriated for the operations and support of the Coast Guard;
(2) in the case of treatment or care to be provided former members of the Coast Guard and their dependents, derived from amounts appropriated for retired pay;
(3) determined under procedures established by the Secretary of Defense;
(4) paid during the fiscal year in which treatment or care is provided; and
(5) subject to adjustment or reconciliation as the Secretaries determine appropriate during or promptly after such fiscal year in cases in which the prospective payment is determined excessive or insufficient based on the services actually provided.
(c)No Prospective Payment When Service in Navy.—No prospective payment shall be made under this section for any period during which the Coast Guard operates as a service in the Navy.
(d)Relationship to TRICARE.—This section shall not be construed to require a payment for, or the prospective payment of an amount that represents the value of, treatment or care provided under any TRICARE program.
(Added Pub. L. 114–328, div. A, title VII, § 722(a), Dec. 23, 2016, 130 Stat. 2228, § 520; renumbered § 506, Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8513(a)(1), Jan. 1, 2021, 134 Stat. 4760.)

CITE AS: 14 USC 506

§ 507. Appointment of judges

The Secretary may appoint civilian employees of the department in which the Coast Guard is operating as appellate military judges, available for assignment to the Coast Guard Court of Criminal Appeals as provided for in section 866(a) of title 10.

(Added Pub. L. 111–281, title II, § 201(a), Oct. 15, 2010, 124 Stat. 2909, § 153; renumbered § 507, Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200.)

CITE AS: 14 USC 507

§ 508. Coast Guard health-care professionals; licensure portability
(a)In General.—Notwithstanding any other provision of law regarding the licensure of health-care providers, a health-care professional described in subsection (b) may practice the health profession or professions of the health-care professional at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, regardless of where such health-care professional or the patient is located, if the practice is within the scope of the authorized Federal duties of such health-care professional.
(b)Described Individuals.—A health-care professional described in this subsection is an individual—
(1) who is—
(A) a member of the Coast Guard;
(B) a civilian employee of the Coast Guard;
(C) a member of the Public Health Service who is assigned to the Coast Guard; or
(D) any other health-care professional credentialed and privileged at a Federal health-care institution or location specially designated by the Secretary; and
(2) who—
(A) has a current license to practice medicine, osteopathic medicine, dentistry, or another health profession; and
(B) is performing authorized duties for the Coast Guard.
(c)Definitions.—In this section, the terms “license” and “health-care professional” have the meanings given those terms in section 1094(e) of title 10.
(Added Pub. L. 115–282, title III, § 305(a), Dec. 4, 2018, 132 Stat. 4245.)

CITE AS: 14 USC 508

§ 509. Space-available travel on Coast Guard aircraft
(a)Establishment.—
(1)In general.—The Commandant may establish a program to provide transportation on Coast Guard aircraft on a space-available basis to the categories of eligible individuals described in subsection (c) (in this section referred to as the “program”).
(2)Policy development.—Not later than 1 year after the date on which the program is established, the Commandant shall develop a policy for the operation of the program.
(b)Operation of Program.—
(1)In general.—The Commandant shall operate the program in a budget-neutral manner.
(2)Limitations.—
(A)In general.—Except as provided in subparagraph (B), no additional funds may be used, or flight hours performed, for the purpose of providing transportation under the program.
(B)De minimis expenditures.—The Commandant may make de minimis expenditures of resources required for the administrative aspects of the program.
(3)Reimbursement not required.—Eligible individuals described in subsection (c) shall not be required to reimburse the Coast Guard for travel provided under this section.
(c)Categories of Eligible Individuals.—Subject to subsection (d), the categories of eligible individuals described in this subsection are the following:
(1) Members of the armed forces on active duty.
(2) Members of the Selected Reserve who hold a valid Uniformed Services Identification and Privilege Card.
(3) Retired members of a regular or reserve component of the armed forces, including retired members of reserve components who, but for being under the eligibility age applicable under section 12731 of title 10, would be eligible for retired pay under chapter 1223 of title 10.
(4) Subject to subsection (f), veterans with a permanent service-connected disability rated as total.
(5) Such categories of dependents of individuals described in paragraphs (1) through (3) as the Commandant shall specify in the policy under subsection (a)(2), under such conditions and circumstances as the Commandant shall specify in such policy.
(6) Such other categories of individuals as the Commandant considers appropriate.
(d)In operating the program, the Commandant shall—
(1) in the sole discretion of the Commandant, establish an order of priority for transportation for categories of eligible individuals that is based on considerations of military necessity, humanitarian concerns, and enhancement of morale;
(2) give priority in consideration of transportation to the demands of members of the armed forces in the regular components and in the reserve components on active duty and to the need to provide such members, and their dependents, a means of respite from such demands; and
(3) implement policies aimed at ensuring cost control (as required under subsection (b)) and the safety, security, and efficient processing of travelers, including limiting the benefit under the program to 1 or more categories of otherwise eligible individuals, as the Commandant considers necessary.
(e)Transportation.—
(1)In general.—Notwithstanding subsection (d)(1), in establishing space-available transportation priorities under the program, the Commandant shall provide transportation for an individual described in paragraph (2), and a single dependent of the individual if needed to accompany the individual, at a priority level in the same category as the priority level for an unaccompanied dependent over the age of 18 years traveling on environmental and morale leave.
(2)Individuals covered.—Subject to paragraph (3), paragraph (1) applies with respect to an individual described in subsection (c)(3) who—
(A) resides in or is located in a Commonwealth or possession of the United States; and
(B) is referred by a military or civilian primary care provider located in that Commonwealth or possession to a specialty care provider for services to be provided outside of such Commonwealth or possession.
(3)Application to certain retired individuals.—If an individual described in subsection (c)(3) is a retired member of a reserve component who is ineligible for retired pay under chapter 1223 of title 10 by reason of being under the eligibility age applicable under section 12731 of title 10, paragraph (1) applies to the individual only if the individual is also enrolled in the TRICARE program for certain members of the Retired Reserve authorized under section 1076e of title 10.
(4)Priority.—The priority for space-available transportation required by this subsection applies with respect to—
(A) the travel from the Commonwealth or possession of the United States to receive the specialty care services; and
(B) the return travel.
(5)Primary care provider and specialty care provider defined.—In this subsection, the terms “primary care provider” and “specialty care provider” refer to a medical or dental professional who provides health care services under chapter 55 of title 10.
(f)Limitations on Travel.—
(1)In general.—Travel may not be provided under this section to a veteran eligible for travel pursuant to paragraph (4) of subsection (c) in priority over any member eligible for travel under paragraph (1) of that subsection or any dependent of such a member eligible for travel under this section.
(2)Rule of construction.—Subsection (c)(4) may not be construed as—
(A) affecting or in any way imposing on the Coast Guard, any armed force, or any commercial entity with which the Coast Guard or an armed force contracts, an obligation or expectation that the Coast Guard or such armed force will retrofit or alter, in any way, military aircraft or commercial aircraft, or related equipment or facilities, used or leased by the Coast Guard or such armed force to accommodate passengers provided travel under such authority on account of disability; or
(B) preempting the authority of an aircraft commander to determine who boards the aircraft and any other matters in connection with safe operation of the aircraft.
(g)Application of Section.—The authority to provide transportation under the program is in addition to any other authority under law to provide transportation on Coast Guard aircraft on a space-available basis.
(Added Pub. L. 117–263, div. K, title CXII, § 11231(a), Dec. 23, 2022, 136 Stat. 4030.)

CITE AS: 14 USC 509

§ 510. Conveyance of Coast Guard vessels for public purposes
(a)In General.—On request by the Commandant, the Administrator of the General Services Administration may transfer ownership of a Coast Guard vessel or aircraft to an eligible entity for educational, cultural, historical, charitable, recreational, or other public purposes if such transfer is authorized by law.
(b)Conditions of Conveyance.—The General Services Administration may not convey a vessel or aircraft to an eligible entity as authorized by law unless the eligible entity agrees—
(1) to provide the documentation needed by the General Services Administration to process a request for aircraft or vessels as if the request were being processed under section 102.37.225 of title 41, Code of Federal Regulations, as in effect on the date of the enactment of the Don Young Coast Guard Authorization Act of 2022;
(2) to comply with the special terms, conditions, and restrictions imposed on aircraft and vessels under section 102.37.460 of such title, as in effect on the date of the enactment of the Don Young Coast Guard Authorization Act of 2022;
(3) to make the vessel available to the United States Government if it is needed for use by the Commandant in time of war or a national emergency; and
(4) to hold the United States Government harmless for any claims arising from exposure to hazardous materials, including asbestos and polychlorinated biphenyls, that occurs after conveyance of the vessel, except for claims arising from use of the vessel by the United States Government under paragraph (3).
(c)Other Obligations Unaffected.—Nothing in this section amends or affects any obligation of the Coast Guard or any other person under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or any other law regarding use or disposal of hazardous materials including asbestos and polychlorinated biphenyls.
(d)Eligible Entity Defined.—In this section, the term “eligible entity” means a State or local government, nonprofit corporation, educational agency, community development organization, or other entity that agrees to comply with the conditions established under this section.
(Added and amended Pub. L. 117–263, div. K, title CXII, § 11258(a), (c), Dec. 23, 2022, 136 Stat. 4057.)

CITE AS: 14 USC 510