Collapse to view only § 903. Use of certain appropriated funds
- § 901. Disposal of certain material
- § 902. Employment of draftsmen and engineers
- § 903. Use of certain appropriated funds
- § 904. Local hire
- § 905. Procurement authority for family housing
- § 906. Air Station Cape Cod Improvements
- § 907. Long-term lease of special purpose facilities
- § 908. Long-term lease authority for lighthouse property
- § 909. Small boat station rescue capability
- § 910. Small boat station closures
- § 911. Search and rescue center standards
- § 912. Air facility closures
- § 913. Turnkey selection procedures
- § 914. Disposition of infrastructure related to E–LORAN
§ 901. Disposal of certain material
(a) The Commandant 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 may dispose of, with or without charge, to the Coast Guard Auxiliary, including any incorporated unit thereof, to the sea-scout service of the Boy Scouts of America, and to any public body or private organization not organized for profit having an interest therein for historical or other special reasons, such obsolete or other material as may not be needed for the Coast Guard.
(b) The Commandant may, under regulations prescribed by the Secretary, sell apparatus or equipment manufactured by or in use in the Coast Guard, which is not readily procurable in the open market. The money received from such sale shall be deposited in the Treasury to the credit of the current appropriation from which purchase of similar apparatus or equipment is authorized.
(c)
(1) The Commandant may—
(A) provide for the sale of recyclable materials that the Coast Guard holds;
(B) provide for the operation of recycling programs at Coast Guard installations; and
(C) designate Coast Guard installations that have qualified recycling programs for the purposes of subsection (d)(2).
(2) Recyclable materials shall be sold in accordance with sections 541–555 of title 40, except that the Commandant may conduct sales of materials for which the proceeds of sale will not exceed $5,000 under regulations prescribed by the Commandant.
(d)
(1) Proceeds from the sale of recyclable materials at a Coast Guard installation shall be credited to funds available for operations and maintenance at that installation in amounts sufficient to cover operations, maintenance, recycling equipment, and overhead costs for processing recyclable materials at the installation.
(2) If, after funds are credited, a balance remains available to a Coast Guard installation and the installation has a qualified recycling program, not more than 50 percent of that balance may be used at the installation for projects for pollution abatement, energy conservation, and occupational safety and health activities. The cost of the project may not be greater than 50 percent of the amount permissible for a minor construction project.
(3) The remaining balance available to a Coast Guard installation may be transferred to the Coast Guard Morale, Welfare, and Recreation Program.
(e) If the balance available to the Coast Guard installation under this section at the end of a fiscal year is in excess of $200,000, the amount of that excess shall be deposited in the general fund of the Treasury as offsetting receipts of the Department in which the Coast Guard is operating and ascribed to Coast Guard activities.
(Aug. 4, 1949, ch. 393, 63 Stat. 547, § 641; Oct. 31, 1951, ch. 654, § 2(11), 65 Stat. 707; Pub. L. 97–295, § 2(4), Oct. 12, 1982, 96 Stat. 1301; Pub. L. 102–587, title V, § 5202, Nov. 4, 1992, 106 Stat. 5071; Pub. L. 104–324, title IV, § 408, title XI, § 1119, Oct. 19, 1996, 110 Stat. 3925, 3973; Pub. L. 107–217, § 3(c)(3), Aug. 21, 2002, 116 Stat. 1298; Pub. L. 111–350, § 5(c)(3), Jan. 4, 2011, 124 Stat. 3847; Pub. L. 114–120, title II, § 209(10), Feb. 8, 2016, 130 Stat. 41; renumbered § 901, Pub. L. 115–282, title I, § 107(b), Dec. 4, 2018, 132 Stat. 4205.)
§ 902. Employment of draftsmen and engineers
The Coast Guard may employ temporarily, at the seat of government, draftsmen and engineers for the preparation of plans and specifications for vessels, lighthouses, aids to navigation, and other projects for the Coast Guard that may be authorized or appropriated for by Congress, to be paid from the appropriations applicable to such projects.
(Aug. 4, 1949, ch. 393, 63 Stat. 550, § 653; renumbered § 902, Pub. L. 115–282, title I, § 107(b), Dec. 4, 2018, 132 Stat. 4205.)
§ 903. Use of certain appropriated funds
(a) Funds appropriated to or for the use of the Coast Guard for procurement, construction, and improvement of facilities and for research and development shall remain available until expended.
(b) The Secretary may use any funds appropriated to or for the use of the Coast Guard for other construction purposes to restore, repair, or replace facilities that have been damaged or destroyed, including acquisition of sites.
(c) The Secretary may use any funds appropriated to or for the use of the Coast Guard for other construction purposes to acquire, construct, convert, extend, and install at Coast Guard installations and facilities, needed permanent or temporary public works, including the preparation of sites and the furnishing of appurtenances, utilities, and equipment, but excluding the construction of family quarters, costing not more than $200,000 for any one project.
(d)Minor Construction and Improvement.—
(1)In general.—Subject to the reporting requirements set forth in paragraph (2), each fiscal year the Secretary may expend from amounts made available for the operations and support of the Coast Guard not more than $1,500,000 for minor construction and improvement projects at any location.
(2)Report.—Not later than the date on which the President submits to Congress a budget under section 1105 of title 31 each year, the Secretary 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 describing each project carried out under paragraph (1), in the most recently concluded fiscal year, for which the amount expended under such paragraph for such project was more than $1,000,000. If no such project was carried out during a fiscal year, no report under this paragraph shall be required with respect to that fiscal year.
(Added Pub. L. 88–45, § 2, June 21, 1963, 77 Stat. 68, § 656; amended Pub. L. 93–283, § 1(9), May 14, 1974, 88 Stat. 140; Pub. L. 112–213, title II, § 212(a), (b)(1), Dec. 20, 2012, 126 Stat. 1552; Pub. L. 113–281, title II, § 221(b)(2), Dec. 18, 2014, 128 Stat. 3038; renumbered § 903, Pub. L. 115–282, title I, § 107(b), Dec. 4, 2018, 132 Stat. 4205; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8513(a)(2), Jan. 1, 2021, 134 Stat. 4760.)
§ 904. Local hire
(a) Notwithstanding any other law, each contract awarded by the Coast Guard for construction or services to be performed in whole or in part in a State that has an unemployment rate in excess of the national average rate of unemployment (as determined by the Secretary of Labor) shall include a provision requiring the contractor to employ, for the purpose of performing that portion of the contract in that State, individuals who are local residents and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills. The Secretary of the department in which the Coast Guard is operating may waive the requirements of this subsection in the interest of national security or economic efficiency.
(b)Local Resident Defined.—As used in this section, “local resident” means a resident of, or an individual who commutes daily to, a State described in subsection (a).
(Added Pub. L. 101–225, title II, § 206(a), Dec. 12, 1989, 103 Stat. 1912, § 666; amended Pub. L. 107–296, title XVII, § 1704(a), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–213, title II, § 217(10), Dec. 20, 2012, 126 Stat. 1558; renumbered § 904, Pub. L. 115–282, title I, § 107(b), Dec. 4, 2018, 132 Stat. 4205.)
§ 905. Procurement authority for family housing
(a) The Secretary is authorized—
(1) to acquire, subject to the availability of appropriations sufficient to cover its full obligations, real property or interests therein by purchase, lease for a term not to exceed 5 years, or otherwise, for use as Coast Guard family housing units, including the acquisition of condominium units, which may include the obligation to pay maintenance, repair, and other condominium-related fees; and
(2) to dispose of by sale, lease, or otherwise, any real property or interest therein used for Coast Guard family housing units for adequate consideration.
(b)
(1) For the purposes of this section, a multiyear contract is a contract to lease Coast Guard family housing units for at least one, but not more than 5, fiscal years.
(2) The Secretary may enter into multiyear contracts under subsection (a) of this section whenever the Coast Guard finds that—
(A) the use of a contract will promote the efficiency of the Coast Guard family housing program and will result in reduced total costs under the contract; and
(B) there are realistic estimates of both the cost of the contract and the anticipated cost avoidance through the use of a multiyear contract.
(3) A multiyear contract authorized under subsection (a) of this section shall contain cancellation and termination provisions to the extent necessary to protect the best interests of the United States, and may include consideration of both recurring and nonrecurring costs. The contract may provide for a cancellation payment to be made. Amounts that were originally obligated for the cost of the contract may be used for cancellation or termination costs.
(Added Pub. L. 103–206, title III, § 302(a), Dec. 20, 1993, 107 Stat. 2423, § 670; renumbered § 905, Pub. L. 115–282, title I, § 107(b), Dec. 4, 2018, 132 Stat. 4205.)
§ 906. Air Station Cape Cod Improvements
The Secretary may expend funds for the repair, improvement, restoration, or replacement of those federally or nonfederally owned support buildings, including appurtenances, which are on leased or permitted real property constituting Coast Guard Air Station Cape Cod, located on Massachusetts Military Reservation, Cape Cod, Massachusetts.
(Added Pub. L. 103–206, title III, § 303(a), Dec. 20, 1993, 107 Stat. 2423, § 671; renumbered § 906, Pub. L. 115–282, title I, § 107(b), Dec. 4, 2018, 132 Stat. 4205.)
§ 907. Long-term lease of special purpose facilities
(a) The Secretary is authorized, subject to the availability of appropriations, to enter into lease agreements to acquire real property or interests therein for a term not to exceed 20 years, inclusive of any automatic renewal clauses, for special purpose facilities, including, aids to navigation (hereafter in this section referred to as “ATON”) sites, vessel traffic service (hereafter in this section referred to as “VTS”) sensor sites, or National Distress System (hereafter in this section referred to as “NDS”) high level antenna sites. These lease agreements shall include cancellation and termination provisions to the extent necessary to protect the best interests of the United States. Cancellation payment provisions may include consideration of both recurring and nonrecurring costs associated with the real property interests under the contract. These lease agreements may provide for a cancellation payment to be made. Amounts that were originally obligated for the cost of the contract may be used for cancellation or termination costs.
(b) For purposes of this section, the term “special purpose facilities” means any facilities used to carry out Coast Guard aviation, maritime, or navigation missions other than general purpose office and storage space facilities.
(c) In the case of ATON, VTS, or NDS sites, the Secretary may enter into multiyear lease agreements under subsection (a) of this section whenever the Secretary finds that—
(1) the use of such a lease agreement will promote the efficiency of the ATON, VTS, or NDS programs and will result in reduced total costs under the agreement;
(2) the minimum need for the real property or interest therein to be leased is expected to remain substantially unchanged during the contemplated lease period; and
(3) the estimates of both the cost of the lease and the anticipated cost avoidance through the use of a multiyear lease are realistic.
(Added Pub. L. 103–206, title III, § 304(a), Dec. 20, 1993, 107 Stat. 2424, § 672; amended Pub. L. 104–324, title VII, § 746(d), Oct. 19, 1996, 110 Stat. 3943; Pub. L. 108–293, title II, § 212(a), Aug. 9, 2004, 118 Stat. 1036; renumbered § 907, Pub. L. 115–282, title I, § 107(b), Dec. 4, 2018, 132 Stat. 4205.)
§ 908. Long-term lease authority for lighthouse property
(a) The Commandant may lease to non-Federal entities, including private individuals, lighthouse property under the administrative control of the Coast Guard for terms not to exceed 30 years. Consideration for the use and occupancy of lighthouse property leased under this section, and for the value of any utilities and services furnished to a lessee of such property by the Commandant, may consist, in whole or in part, of non-pecuniary remuneration including the improvement, alteration, restoration, rehabilitation, repair, and maintenance of the leased premises by the lessee. Section 1302 of title 40 shall not apply to leases issued by the Commandant under this section.
(b) Amounts received from leases made under this section, less expenses incurred, shall be deposited in the fund established under section 2946.
(Added Pub. L. 107–295, title IV, § 417(a), Nov. 25, 2002, 116 Stat. 2122, § 672a; amended Pub. L. 113–281, title II, § 208(b), Dec. 18, 2014, 128 Stat. 3026; Pub. L. 115–232, div. C, title XXXV, §§ 3531(c)(4), 3533(e), Aug. 13, 2018, 132 Stat. 2320, 2321; renumbered § 908 and amended Pub. L. 115–282, title I, §§ 107(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4205, 4240.)
§ 909. Small boat station rescue capability
The Secretary shall ensure that each Coast Guard small boat station (including a seasonally operated station) maintains, within the area of responsibility for the station, at least 1 vessel that is fully capable of performing offshore rescue operations, taking into consideration prevailing weather, marine conditions, and depositional geologic features such as sand bars.
(Added Pub. L. 104–324, title III, § 309(a), Oct. 19, 1996, 110 Stat. 3919, § 673; renumbered § 674, Pub. L. 107–295, title IV, § 405(a)(1), Nov. 25, 2002, 116 Stat. 2115; amended Pub. L. 107–296, title XVII, § 1704(a), (f)(1), Nov. 25, 2002, 116 Stat. 2314, 2316; Pub. L. 112–213, title II, § 217(12), Dec. 20, 2012, 126 Stat. 1558; renumbered § 909, Pub. L. 115–282, title I, § 107(b), Dec. 4, 2018, 132 Stat. 4205.)
§ 910. Small boat station closures
(a)Closures.—The Secretary may not close a Coast Guard multimission small boat station or subunit unless the Secretary—
(1) determines that—
(A) remaining search and rescue capabilities maintain the safety of the maritime public in the area of the station or subunit;
(B) regional or local prevailing weather and marine conditions, including water temperature or unusual tide and current conditions, do not require continued operation of the station or subunit; and
(C) Coast Guard search and rescue standards related to search and rescue response times are met; and
(2) provides an opportunity for public comment and for public meetings in the area of the station or subunit with regard to the decision to close the station or subunit.
(b)Operational Flexibility.—The Secretary may implement any management efficiencies within the small boat station system, such as modifying the operational posture of units or reallocating resources as necessary to ensure the safety of the maritime public nationwide. No stations or subunits may be closed under this subsection except in accordance with subsection (a).
(Added Pub. L. 104–324, title III, § 309(a), Oct. 19, 1996, 110 Stat. 3919, § 674; renumbered § 675, Pub. L. 107–295, title IV, § 405(a)(1), Nov. 25, 2002, 116 Stat. 2115; amended Pub. L. 107–296, title XVII, § 1704(a), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–213, title II, § 217(13), Dec. 20, 2012, 126 Stat. 1558; renumbered § 910, Pub. L. 115–282, title I, § 107(b), Dec. 4, 2018, 132 Stat. 4205.)
§ 911. Search and rescue center standards
(a) The Secretary shall establish, implement, and maintain the minimum standards necessary for the safe operation of all Coast Guard search and rescue center facilities, including with respect to the following:
(1) The lighting, acoustics, and temperature in the facilities.
(2) The number of individuals on a shift in the facility assigned search and rescue responsibilities (including communications), which may be adjusted based on seasonal workload.
(3) The length of time an individual may serve on watch to minimize fatigue, based on the best scientific information available.
(4) The scheduling of individuals having search and rescue responsibilities to minimize fatigue of the individual when on duty in the facility.
(5) The workload of each individual engaged in search and rescue responsibilities in the facility.
(6) Stress management for the individuals assigned search and rescue responsibilities in the facilities.
(7) The design of equipment and facilities to minimize fatigue and enhance search and rescue operations.
(8) The acquisition and maintenance of interim search and rescue command center communications equipment.
(9) Any other requirements that the Secretary believes will increase the safe operation of the search and rescue centers.
(b)Sense of Congress.—It is the sense of the Congress that the Secretary should establish, implement, and maintain minimum standards necessary to ensure that an individual on duty or watch in a Coast Guard search and rescue command center facility does not work more than 12 hours in a 24-hour period, except in an emergency or unforeseen circumstances.
(c)Definition.—For the purposes of this section, the term “search and rescue center facility” means a Coast Guard shore facility that maintains a search and rescue mission coordination and communications watch.
(Added Pub. L. 107–295, title IV, § 405(a)(2), Nov. 25, 2002, 116 Stat. 2115, § 676; amended Pub. L. 111–207, § 4(a)(3), July 27, 2010, 124 Stat. 2251; renumbered § 911, Pub. L. 115–282, title I, § 107(b), Dec. 4, 2018, 132 Stat. 4205.)
§ 912. Air facility closures
(a)Closures.—
(1)In general.—Beginning on January 1, 2018, the Secretary may not close a Coast Guard air facility, except as specified by this section.
(2)Determinations.—The Secretary may not propose closing or terminating operations at a Coast Guard air facility unless the Secretary determines that—
(A) remaining search and rescue capabilities maintain the safety of the maritime public in the area of the air facility;
(B) regional or local prevailing weather and marine conditions, including water temperatures or unusual tide and current conditions, do not require continued operation of the air facility; and
(C) Coast Guard search and rescue standards related to search and response times are met.
(3)Public notice and comment.—
(A)In general.—Prior to closing an air facility, the Secretary shall provide opportunities for public comment, including the convening of public meetings in communities in the area of responsibility of the air facility with regard to the proposed closure or cessation of operations at the air facility.
(B)Public meetings.—Prior to convening a public meeting under subparagraph (A), the Secretary shall notify each congressional office representing any portion of the area of responsibility of the air station that is the subject to such public meeting of the schedule and location of such public meeting.
(4)Notice to congress.—Prior to closure, cessation of operations, or any significant reduction in personnel and use of a Coast Guard air facility that is in operation on or after December 31, 2017, the Secretary shall—
(A) submit to the Congress a proposal for such closure, cessation, or reduction in operations along with the budget of the President submitted to Congress under section 1105(a) of title 31 that includes—
(i) a discussion of the determination made by the Secretary pursuant to paragraph (2); and
(ii) a report summarizing the public comments received by the Secretary under paragraph (3) 1
1 So in original. Probably should be followed by “; and”.
(B) not later than 7 days after the date a proposal for an air facility is submitted pursuant to subparagraph (A), provide written notice of such proposal to each of the following:
(i) Each member of the House of Representatives who represents a district in which the air facility is located.
(ii) Each member of the Senate who represents a State in which the air facility is located.
(iii) Each member of the House of Representatives who represents a district in which assets of the air facility conduct search and rescue operations.
(iv) Each member of the Senate who represents a State in which assets of the air facility conduct search and rescue operations.
(v) The Committee on Appropriations of the House of Representatives.
(vi) The Committee on Transportation and Infrastructure of the House of Representatives.
(vii) The Committee on Appropriations of the Senate.
(viii) The Committee on Commerce, Science, and Transportation of the Senate.
(5)Congressional review.—The Secretary may not close, cease operations, or significantly reduce personnel and use of a Coast Guard air facility for which a written notice is provided under paragraph (4)(A) until a period of 18 months beginning on the date on which such notice is provided has elapsed.
(b)Operational Flexibility.—The Secretary may implement any reasonable management efficiencies within the air station and air facility network, such as modifying the operational posture of units or reallocating resources as necessary to ensure the safety of the maritime public nationwide.
(Added Pub. L. 114–120, title II, § 208(a), Feb. 8, 2016, 130 Stat. 38, § 676a; amended Pub. L. 114–328, div. C, title XXXV, § 3503(a), Dec. 23, 2016, 130 Stat. 2775; renumbered § 912 and amended Pub. L. 115–282, title I, § 107(b), title III, § 319, Dec. 4, 2018, 132 Stat. 4205, 4252.)
§ 913. Turnkey selection procedures
(a)Authority to Use.—The Secretary may use one-step turnkey selection procedures for the purpose of entering into contracts for construction projects.
(b)Definitions.—In this section, the following definitions apply:
(1) The term “one-step turnkey selection procedures” means procedures used for the selection of a contractor on the basis of price and other evaluation criteria to perform, in accordance with the provisions of a firm fixed-price contract, both the design and construction of a facility using performance specifications supplied by the Secretary.
(2) The term “construction” includes the construction, procurement, development, conversion, or extension of any facility.
(3) The term “facility” means a building, structure, or other improvement to real property.
(Added Pub. L. 109–241, title II, § 205(a), July 11, 2006, 120 Stat. 521, § 677; renumbered § 913, Pub. L. 115–282, title I, § 107(b), Dec. 4, 2018, 132 Stat. 4205.)
§ 914. Disposition of infrastructure related to E–LORAN
(a)In General.—Notwithstanding any other provision of law, the Commandant may dismantle or dispose of any real or personal property under the administrative control of the Coast Guard and used for the LORAN–C system.
(b)Restriction.—No action described in subsection (a) may be taken unless and until—
(1) the Commandant notifies the Secretary of Transportation and the Secretary of Defense in writing of the proposed dismantling or disposal of a LORAN–C system; and
(2) a period of 90 calendar days expires following the day on which the notice has been submitted.
(c)Receipt of Notification.—If, not later than 90 calendar days of receipt of the written notification under subsection (b), the Secretary of Transportation or the Secretary of Defense notifies the Commandant, in writing, of a determination under section 312(d) of title 49 that the property is required to provide a positioning, navigation, and timing system to provide redundant capability in the event the Global Positioning System signals are disrupted, the Commandant shall transfer the property to the Department of Transportation without any consideration.
(d)Notification Expiration.—If, at the end of the 90 calendar day period no notification under subsection (b) has been received, the Commandant shall notify the Committee on Transportation and Infrastructure and the Committee on Appropriations in the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate that the period in subsection (b)(2) has expired, and may proceed with the dismantling and disposal of the personal property, and disposing of the real property in accordance with section 2945 of this title.
(e)Exception.—The prohibition on actions in subsection (b) does not apply to actions necessary for the safety of human life.
(Added Pub. L. 114–120, title VI, § 610(a)(1), Feb. 8, 2016, 130 Stat. 83, § 681; renumbered § 914, Pub. L. 115–282, title I, § 107(b), Dec. 4, 2018, 132 Stat. 4205; amended Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8216, Jan. 1, 2021, 134 Stat. 4653; Pub. L. 117–263, div. K, title CXII, § 11211, Dec. 23, 2022, 136 Stat. 4012.)