CHAPTER 5 - FUNCTIONS AND POWERS
Title 14 > CHAPTER 5
Sections (37)
§ 501 Secretary; general powers
(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.
§ 502 Delegation of powers by the Secretary
(a) General Powers.— 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.
(b) Delegation.— 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.
[§ 503 Transferred]
§ 504 Commandant; general powers
(a) For the purpose of executing the duties and functions of the Coast Guard the Commandant may: maintain water, land, and air patrols, and ice-breaking facilities; establish and prescribe the purpose of, change the location of, consolidate, discontinue, re-establish, maintain, operate, and repair Coast Guard shore establishments; 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; 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; 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; collect, publish, and distribute information concerning Coast Guard operations; 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; 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; acquire, accept as gift, maintain, repair, and discontinue aids to navigation, appliances, equipment, and supplies; equip, operate, maintain, supply, and repair Coast Guard districts and shore establishments; 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; 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; 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; 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; 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; establish, install, abandon, reestablish, change the location of, operate, maintain, and repair radio transmitting and receiving stations; provide medical and dental care for personnel entitled thereto by law or regulation, including care in private facilities; 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; 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— 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 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; enter into cooperative agreements with other Government agencies and the National Academy of Sciences; 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; 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); 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; after informing the Secretary, make such recommendations to the Congress relating to the Coast Guard as the Commandant considers appropriate; 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 develop data workflows and processes for the leveraging of mission-relevant data by the Coast Guard to enhance operational effectiveness and efficiency.
(b) Notwithstanding subsection (a)(13), a lease described in paragraph (2) of this subsection may be for a term of up to 20 years. A lease referred to in paragraph (1) is a lease— 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 to an entity with which the Commandant has a cooperative agreement under section 4(e) 1 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— the operation, regulation, inspection, identification, manning, and measurement of vessels, including plan approval and the application of load lines; approval of materials, equipment, appliances, and associated equipment; the reporting and investigation of marine casualties and accidents; the licensing, certification, documentation, protection and relief of merchant mariners; suspension and revocation of licenses and certificates; enforcement of manning requirements, citizenship requirements, control of log books; documentation and numbering of vessels; State boating safety programs; commercial instruments and maritime liens; the administration of bridge safety; administration of the navigation rules; the prevention of pollution from vessels; ports and waterways safety; waterways management; including regulation for regattas and marine parades; aids to navigation; and other duties and powers of the Secretary related to marine safety and stewardship.
(d) Other Authority Not Affected.— Nothing in subsection (c) affects— the authority of Coast Guard officers and members to enforce marine safety regulations using authority under section 522 of this title ; or 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.— 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. The Commandant may lease submerged lands and tidelands under paragraph (1) only if— the lease is for cash exclusively; 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; 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 proceeds from the lease are deposited in the Coast Guard Housing Fund established under section 2946.
§ 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 .)
§ 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— 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 for which a reimbursement would otherwise be made under section 1085.
(b) Amount.— The amount of the prospective payment under subsection (a) shall be— 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; 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; determined under procedures established by the Secretary of Defense; paid during the fiscal year in which treatment or care is provided; and 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.
§ 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 .)
§ 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— who is— a member of the Coast Guard; a civilian employee of the Coast Guard; a member of the Public Health Service who is assigned to the Coast Guard; or any other health-care professional credentialed and privileged at a Federal health-care institution or location specially designated by the Secretary; and who— has a current license to practice medicine, osteopathic medicine, dentistry, or another health profession; and 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 .
§ 509 Space-available travel on Coast Guard aircraft
(a) Establishment.— 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”). 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.— The Commandant shall operate the program in a budget-neutral manner. 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. The Commandant may make de minimis expenditures of resources required for the administrative aspects of the program. 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: Members of the armed forces on active duty. Members of the Selected Reserve who hold a valid Uniformed Services Identification and Privilege Card. 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. Subject to subsection (f), veterans with a permanent service-connected disability rated as total. 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. Such other categories of individuals as the Commandant considers appropriate.
(d) Requirements.— In operating the program, the Commandant shall— 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; 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 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.— 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. Subject to paragraph (3), paragraph (1) applies with respect to an individual described in subsection (c)(3) who— resides in or is located in a Commonwealth or possession of the United States; and 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. 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 . The priority for space-available transportation required by this subsection applies with respect to— the travel from the Commonwealth or possession of the United States to receive the specialty care services; and the return travel. 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.— 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. Subsection (c)(4) may not be construed as— 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 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.
§ 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— 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; 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; 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 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.
§ 511 Retention of certain records
(a) Coast Guard Message Board.— The Commandant shall designate as a record of the Coast Guard, and ensure the longest possible retention approved by the National Archives and Records Administration of, each message placed on Coast Guard message board on or after the date that is 1 year after the date of the enactment of this Act on a publicly available website to the maximum extent possible, in accordance with the Privacy Act of 1974 ( 5 U.S.C. 552a ) and other applicable laws.
(b) Commandant Instruction.— The Commandant shall designate as a temporary record of the Coast Guard, and ensure the retention for a period not less than 15 years of or the retention approved by the National Archives & Records Administration, each Commandant Instruction Manual and Coast Guard Academy Superintendent Instruction Manual, including all versions thereof, in effect on or after the date that is 30 days after the date of the enactment of this Act.
(c) Cost-Benefit Review.— Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Commandant shall submit to the appropriate congressional committees a report that— identifies all current recurrent requirements for reports to Congress applicable to the Coast Guard; estimates the total annual cost and staff hours required for compliance with such requirements; and provides recommendations to Congress for sunset, consolidation, or automation of such requirements to improve efficiency, consistent applicable laws.
(d) Definitions.— CST and T&I 1 The term “Coast Guard message board” means the Coast Guard official platform for disseminating time-sensitive or service-wide administrative information to Coast Guard personnel, including the publishing of official general messages including ALCOAST, ALCGPSC, ALCGENL, and similar formats that provide timely policy updates, operational guidance, or announcements to the field.
§ 521 Saving life and property
(a) In order to render aid to distressed individuals, vessels, and aircraft on and under the high seas and on and under the waters over which the United States has jurisdiction and in order to render aid to individuals and property imperiled by flood, the Coast Guard may: perform any and all acts necessary to rescue and aid individuals and protect and save property; take charge of and protect all property saved from marine or aircraft disasters, or floods, at which the Coast Guard is present, until such property is claimed by individuals legally authorized to receive it or until otherwise disposed of in accordance with law or applicable regulations, and care for bodies of those who may have perished in such catastrophes; furnish clothing, food, lodging, medicines, and other necessary supplies and services to individuals succored by the Coast Guard; and destroy or tow into port sunken or floating dangers to navigation.
(b) Subject to paragraph (2), the Coast Guard may render aid to individuals and protect and save property at any time and at any place at which Coast Guard facilities and personnel are available and can be effectively utilized. The Commandant shall make full use of all available and qualified resources, including the Coast Guard Auxiliary and individuals licensed by the Secretary pursuant to section 8904(b) of title 46 , United States Code, in rendering aid under this subsection in nonemergency cases.
(c) An individual who knowingly and willfully communicates a false distress message to the Coast Guard or causes the Coast Guard to attempt to save lives and property when no help is needed is— guilty of a class D felony; subject to a civil penalty of not more than $10,000; and liable for all costs the Coast Guard incurs as a result of the individual’s action.
(d) The Secretary shall establish a helicopter rescue swimming program for the purpose of training selected Coast Guard personnel in rescue swimming skills, which may include rescue diver training.
(e) An individual who knowingly and willfully operates a device with the intention of interfering with the broadcast or reception of a radio, microwave, or other signal (including a signal from a global positioning system) transmitted, retransmitted, or augmented by the Coast Guard for the purpose of maritime safety is— guilty of a class E felony; and subject to a civil penalty of not more than $1,000 per day for each violation.
§ 522 Law enforcement
(a) The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of laws of the United States. For such purposes, commissioned, warrant, and petty officers may at any time go on board of any vessel subject to the jurisdiction, or to the operation of any law, of the United States, address inquiries to those on board, examine the ship’s documents and papers, and examine, inspect, and search the vessel and use all necessary force to compel compliance. When from such inquiries, examination, inspection, or search it appears that a breach of the laws of the United States rendering an individual liable to arrest is being, or has been committed, by any individual, such individual shall be arrested or, if escaping to shore, shall be immediately pursued and arrested on shore, or other lawful and appropriate action shall be taken; or, if it shall appear that a breach of the laws of the United States has been committed so as to render such vessel, or the merchandise, or any part thereof, on board of, or brought into the United States by, such vessel, liable to forfeiture, or so as to render such vessel liable to a fine or penalty and if necessary to secure such fine or penalty, such vessel or such merchandise, or both, shall be seized.
(b) The officers of the Coast Guard insofar as they are engaged, pursuant to the authority contained in this section, in enforcing any law of the United States shall: be deemed to be acting as agents of the particular executive department or independent establishment charged with the administration of the particular law; and be subject to all the rules and regulations promulgated by such department or independent establishment with respect to the enforcement of that law.
(c) The provisions of this section are in addition to any powers conferred by law upon such officers, and not in limitation of any powers conferred by law upon such officers, or any other officers of the United States.
§ 523 Enforcement authority
Subject to guidelines approved by the Secretary, members of the Coast Guard, in the performance of official duties, may— carry a firearm; and while at a facility (as defined in section 70101 of title 46 )— make an arrest without warrant for any offense against the United States committed in their presence; and seize property as otherwise provided by law. (Added Pub. L. 111–281, title II, § 208(a) , Oct. 15, 2010 , 124 Stat. 2912 , § 99; renumbered § 523, Pub. L. 115–282, title I, § 105(b) , Dec. 4, 2018 , 132 Stat. 4200 .)
§ 524 Enforcement of coastwise trade laws
Officers and members of the Coast Guard are authorized to enforce chapter 551 of title 46. The Secretary shall establish a program for these officers and members to enforce that chapter. (Added Pub. L. 111–281, title II, § 216(a) , Oct. 15, 2010 , 124 Stat. 2917 , § 100; renumbered § 524, Pub. L. 115–282, title I, § 105(b) , Dec. 4, 2018 , 132 Stat. 4200 .)
§ 525 Special agents of the Coast Guard Investigative Service law enforcement authority
(a) A special agent of the Coast Guard Investigative Service designated under subsection (b) has the following authority: To carry firearms. To execute and serve any warrant or other process issued under the authority of the United States. To make arrests without warrant for— any offense against the United States committed in the agent’s presence; or any felony cognizable under the laws of the United States if the agent has probable cause to believe that the individual to be arrested has committed or is committing the felony. The authorities provided in paragraph (1) shall be exercised only in the enforcement of statutes for which the Coast Guard has law enforcement authority, or in exigent circumstances.
(b) The Commandant may designate to have the authority provided under subsection (a) any special agent of the Coast Guard Investigative Service whose duties include conducting, supervising, or coordinating investigation of criminal activity in programs and operations of the United States Coast Guard.
(c) The authority provided under subsection (a) shall be exercised in accordance with guidelines prescribed by the Commandant and approved by the Attorney General and any other applicable guidelines prescribed by the Secretary or the Attorney General.
§ 526 Stopping vessels; indemnity for firing at or into vessel
(a) Whenever any vessel liable to seizure or examination does not stop on being ordered to do so or on being pursued by an authorized vessel or authorized aircraft which has displayed the ensign, pennant, or other identifying insignia prescribed for an authorized vessel or authorized aircraft, the individual in command or in charge of the authorized vessel or authorized aircraft may, subject to paragraph (2), fire at or into the vessel which does not stop. Before firing at or into a vessel as authorized in paragraph (1), the individual in command or in charge of the authorized vessel or authorized aircraft shall fire a gun as a warning signal, except that the prior firing of a gun as a warning signal is not required if that individual determines that the firing of a warning signal would unreasonably endanger individuals or property in the vicinity of the vessel to be stopped.
(b) The individual in command of an authorized vessel or authorized aircraft and all individuals acting under that individual’s direction shall be indemnified from any penalties or actions for damages for firing at or into a vessel pursuant to subsection (a). If any individual is killed or wounded by the firing, and the individual in command of the authorized vessel or authorized aircraft or any individual acting pursuant to their orders is prosecuted or arrested therefor, they shall be forthwith admitted to bail.
(c) A vessel or aircraft is an authorized vessel or authorized aircraft for purposes of this section if— it is a Coast Guard vessel or aircraft; it is a surface naval vessel or military aircraft on which one or more members of the Coast Guard are assigned pursuant to section 379 of title 10 ; 1 or it is any other vessel or aircraft on government noncommercial service when— the vessel or aircraft is under the tactical control of the Coast Guard; and at least one member of the Coast Guard is assigned and conducting a Coast Guard mission on the vessel or aircraft.
§ 527 Safety of vessels of the Armed Forces
(a) The Secretary may control the anchorage and movement of any vessel in the navigable waters of the United States to ensure the safety or security of any vessel of the Armed Forces in those waters.
(b) If the Secretary does not exercise the authority in subsection (a) of this section and immediate action is required, the senior officer present in command may control the anchorage or movement of any vessel in the navigable waters of the United States to ensure the safety and security of any vessel of the Armed Forces under the officer’s command.
(c) If a person violates, or a vessel is operated in violation of, this section or a regulation or order issued under this section, the person or vessel is subject to the enforcement provisions in section 13 1 of the Ports and Waterways Safety Act ( 33 U.S.C. 1232 ).
(d) As used in this section “navigable waters of the United States” includes all waters of the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988 .
(e) For purposes of this title, the term “vessel of the Armed Forces” means— any vessel owned or operated by the Department of Defense or the Coast Guard, other than a time- or voyage-chartered vessel; and any vessel owned and operated by the Department of Transportation that is designated by the Secretary of the department in which the Coast Guard is operating as a vessel equivalent to a vessel described in paragraph (1).
§ 528 Protecting against unmanned aircraft
For the purposes of section 210G(k)(3)(C)(iv) 1 of the Homeland Security Act of 2002, the missions authorized to be performed by the United States Coast Guard shall be those related to— functions of the U.S. Coast Guard relating to security or protection of facilities and assets assessed to be high-risk and a potential target for unlawful unmanned aircraft activity, including the security and protection of— a facility, including a facility that is under the administrative control of the Commandant; and a vessel (whether moored or underway) or an aircraft, including a vessel or aircraft— that is operated by the Coast Guard, or that the Coast Guard is assisting or escorting; and that is directly involved in a mission of the Coast Guard pertaining to— assisting or escorting a vessel of the Department of Defense; assisting or escorting a vessel of national security significance, a high interest vessel, a high capacity passenger vessel, or a high value unit, as those terms are defined by the Secretary; section 527(a) of this title ; assistance in protecting the President or the Vice President (or other officer next in order of succession to the Office of the President) pursuant to the Presidential Protection Assistance Act of 1976 ( 18 U.S.C. 3056 note); protection of a National Special Security Event and Special Event Assessment Rating events; air defense of the United States, including air sovereignty, ground-based air defense, and the National Capital Region integrated air defense system; or a search and rescue operation; and missions directed by the Secretary pursuant to 2 210G(k)(3)(C)(iii) 1 of the Homeland Security Act of 2002. (Added Pub. L. 115–254, div. H, § 1603(a) , Oct. 5, 2018 , 132 Stat. 3529 , § 104; renumbered § 528 and amended Pub. L. 115–282, title I , §§ 105(b), 123(b)(2), Dec. 4, 2018 , 132 Stat. 4200 , 4240.)
§ 529 Public availability of information
(a) In General.— Not later than the 15th day of each month, the Commandant shall make available to the public on the website of the Coast Guard the number of drug and person interdictions carried out by the Coast Guard during the preceding month.
(b) Contents.— In making information about interdictions publicly available under subsection (a), the Commandant shall include a description of the following: The number of incidents in which drugs were interdicted, the amount and type of drugs interdicted, and the Coast Guard sectors and geographic areas of responsibility in which such incidents occurred. The number of incidents in which persons were interdicted, the number of persons interdicted, the number of those persons who were unaccompanied minors, and the Coast Guard sectors and geographic areas of responsibility in which such incidents occurred.
(c) Rule of Construction.— Nothing in this provision shall be construed to require the Coast Guard to collect the information described in subsection (b), and nothing in this provision shall be construed to require the Commandant to publicly release confidential, classified, law enforcement sensitive, or otherwise protected information.
§ 541 Aids to navigation authorized
(a) In order to aid navigation and to prevent disasters, collisions, and wrecks of vessels and aircraft, the Coast Guard may establish, maintain, and operate: aids to maritime navigation required to serve the needs of the armed forces or of the commerce of the United States; aids to air navigation required to serve the needs of the armed forces of the United States peculiar to warfare and primarily of military concern as determined by the Secretary of Defense or the Secretary of any department within the Department of Defense and as required by any of those officials; and electronic aids to navigation systems (a) required to serve the needs of the armed forces of the United States peculiar to warfare and primarily of military concern as determined by the Secretary of Defense or any department within the Department of Defense; or (b) required to serve the needs of the maritime commerce of the United States; or (c) required to serve the needs of the air commerce of the United States as requested by the Administrator of the Federal Aviation Administration. These aids to navigation other than electronic aids to navigation systems shall be established and operated only within the United States, the waters above the Continental Shelf, the territories and possessions of the United States, the Trust Territory of the Pacific Islands, and beyond the territorial jurisdiction of the United States at places where naval or military bases of the United States are or may be located. The Coast Guard may establish, maintain, and operate aids to maritime navigation under paragraph (1) of this section by contract with any person, public body, or instrumentality.
(b) In the case of pierhead beacons, the Commandant may— acquire, by donation or purchase in behalf of the United States, the right to use and occupy sites for pierhead beacons; and properly mark all pierheads belonging to the United States situated on the northern and northwestern lakes, whenever the Commandant is duly notified by the department charged with the construction or repair of pierheads that the construction or repair of any such pierheads has been completed.
§ 542 Unauthorized aids to maritime navigation; penalty
No person, or public body, or instrumentality, excluding the armed services, shall establish, erect, or maintain any aid to maritime navigation in or adjacent to the waters subject to the jurisdiction of the United States, its territories or possessions, or the Trust Territory of the Pacific Islands, or on the high seas if that person, or public body, or instrumentality is subject to the jurisdiction of the United States, without first obtaining authority to do so from the Coast Guard in accordance with applicable regulations. Whoever violates the provisions of this section or any of the regulations issued by the Secretary in accordance herewith shall be guilty of a misdemeanor and shall be fined not more than $1,500 for each offense. Each day during which such violation continues shall be considered as a new offense. ( Aug. 4, 1949, ch. 393 , 63 Stat. 500 , § 83; Pub. L. 93–283, § 1(1) , May 14, 1974 , 88 Stat. 139 ; Pub. L. 113–281, title II, § 205(a)(1) , Dec. 18, 2014 , 128 Stat. 3025 ; renumbered § 542, Pub. L. 115–282, title I, § 105(b) , Dec. 4, 2018 , 132 Stat. 4200 .)
§ 543 Interference with aids to navigation; penalty
It shall be unlawful for any person, or public body, or instrumentality, excluding the armed forces, to remove, change the location of, obstruct, wilfully damage, make fast to, or interfere with any aid to navigation established, installed, operated, or maintained by the Coast Guard pursuant to section 541 of this title , or with any aid to navigation lawfully maintained under authority granted by the Coast Guard pursuant to section 542 of this title , or to anchor any vessel in any of the navigable waters of the United States so as to obstruct or interfere with range lights maintained therein. Whoever violates the provisions of this section shall be guilty of a misdemeanor and shall be fined not more than $1,500 for each offense. Each day during which such violation shall continue shall be considered as a new offense. ( Aug. 4, 1949, ch. 393 , 63 Stat. 500 , § 84; Pub. L. 113–281, title II, § 205(a)(2) , Dec. 18, 2014 , 128 Stat. 3025 ; renumbered § 543 and amended Pub. L. 115–282, title I , §§ 105(b), 123(b)(2), Dec. 4, 2018 , 132 Stat. 4200 , 4240.)
§ 544 Aids to maritime navigation; penalty
The Secretary shall prescribe and enforce necessary and reasonable rules and regulations, for the protection of maritime navigation, relative to the establishment, maintenance, and operation of lights and other signals on fixed and floating structures in or over waters subject to the jurisdiction of the United States and in the high seas for structures owned or operated by persons subject to the jurisdiction of the United States. Any owner or operator of such a structure, excluding an agency of the United States, who violates any of the rules or regulations prescribed hereunder, commits a misdemeanor and shall be punished, upon conviction thereof, by a fine of not exceeding $1,500 for each day which such violation continues. ( Aug. 4, 1949, ch. 393 , 63 Stat. 501 , § 85; June 4, 1956, ch. 351, § 1 , 70 Stat. 226 ; Pub. L. 93–283, § 1(2) , May 14, 1974 , 88 Stat. 139 ; Pub. L. 113–281, title II, § 205(a)(3) , Dec. 18, 2014 , 128 Stat. 3025 ; renumbered § 544, Pub. L. 115–282, title I, § 105(b) , Dec. 4, 2018 , 132 Stat. 4200 .)
§ 545 Marking of obstructions
The Secretary may mark for the protection of navigation any sunken vessel or other obstruction existing on the navigable waters or waters above the continental shelf of the United States in such manner and for so long as, in his judgment, the needs of maritime navigation require. The owner of such an obstruction shall be liable to the United States for the cost of such marking until such time as the obstruction is removed or its abandonment legally established or until such earlier time as the Secretary may determine. All moneys received by the United States from the owners of obstructions, in accordance with this section, shall be covered into the Treasury of the United States as miscellaneous receipts. This section shall not be construed so as to relieve the owner of any such obstruction from the duty and responsibility suitably to mark the same and remove it as required by law. ( Aug. 4, 1949, ch. 393 , 63 Stat. 501 , § 86; Pub. L. 89–191 , Sept. 17, 1965 , 79 Stat. 822 ; Pub. L. 93–283, § 1(3) , May 14, 1974 , 88 Stat. 139 ; renumbered § 545, Pub. L. 115–282, title I, § 105(b) , Dec. 4, 2018 , 132 Stat. 4200 .)
§ 546 Deposit of damage payments
Whenever an aid to navigation or other property belonging to the Coast Guard is damaged or destroyed by a private person, and such private person or his agent shall pay to the satisfaction of the proper official of the Coast Guard for the cost of repair or replacement of such property, the Commandant may accept and deposit such payments, through proper officers of the Fiscal Service, Treasury Department, in special deposit accounts in the Treasury, for payment therefrom to the person or persons repairing or replacing the damaged property and refundment of amounts collected in excess of the cost of the repairs or replacements concerned. In the event that repair or replacement of the damaged property is effected by the Coast Guard, the appropriations bearing the cost thereof and current at the time collection is made shall be reimbursed from the special deposit account. ( Aug. 4, 1949, ch. 393 , 63 Stat. 547 , § 642; renumbered § 546, Pub. L. 115–282, title I, § 105(b) , Dec. 4, 2018 , 132 Stat. 4200 .)
§ 547 Rewards for apprehension of persons interfering with aids to navigation
The Coast Guard may offer and pay rewards for the apprehension and conviction, or for information helpful therein, of persons found interfering in violation of law with aids to navigation maintained by the Coast Guard; or for information leading to the discovery of missing Coast Guard property or to recovery thereof. ( Aug. 4, 1949, ch. 393 , 63 Stat. 547 , § 643; renumbered § 547, Pub. L. 115–282, title I, § 105(b) , Dec. 4, 2018 , 132 Stat. 4200 .)
§ 548 Prohibition against officers and employees being interested in contracts for materials
No officer, enlisted member, or civilian member of the Coast Guard in any manner connected with the construction, operation, or maintenance of lighthouses, shall be interested, either directly or indirectly, in any contract for labor, materials, or supplies for the construction, operation, or maintenance of lighthouses, or in any patent, plan, or mode of construction or illumination, or in any article of supply for the construction, operation, or maintenance of lighthouses. (Added Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8509(b), Jan. 1, 2021 , 134 Stat. 4756 .)
§ 549 Lighthouse and other sites; necessity and sufficiency of cession by State of jurisdiction
(a) No lighthouse, beacon, public pier, or landmark, shall be built or erected on any site until cession of jurisdiction over the same has been made to the United States.
(b) For the purposes of subsection (a), a cession by a State of jurisdiction over a place selected as the site of a lighthouse, or other structure or work referred to in subsection (a), shall be deemed sufficient if the cession contains a reservation that process issued under authority of such State may continue to be served within such place.
(c) If no reservation of service described in subsection (b) is contained in a cession, all process may be served and executed within the place ceded, in the same manner as if no cession had been made.
§ 550 Marking pierheads in certain lakes
The Commandant of the Coast Guard shall properly mark all pierheads belonging to the United States situated on the northern and northwestern lakes, whenever he is duly notified by the department charged with the construction or repair of pierheads that the construction or repair of any such pierhead has been completed. (Added Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8509(b), Jan. 1, 2021 , 134 Stat. 4756 .)
§ 551 Marking anchorage grounds by Commandant of the Coast Guard
The Commandant of the Coast Guard shall provide, establish, and maintain, out of the annual appropriations for the Coast Guard, buoys or other suitable marks for marking anchorage grounds for vessels in waters of the United States, when such anchorage grounds have been defined and established by proper authority in accordance with the laws of the United States. (Added and amended Pub. L. 117–263, div. K, title CXVIII, § 11808(c) , Dec. 23, 2022 , 136 Stat. 4166 , § 548; renumbered § 551, Pub. L. 119–60, div. G, title LXXII, § 7264(a)(1)(A) , title LXXVII, § 7701(i)(1), Dec. 18, 2025 , 139 Stat. 1739 , 1836.)
§ 552 Discontinuance of aid to navigation
(a) In General.— Not later than 180 days after the date of enactment of this section, the Secretary shall establish a process for the discontinuance of an aid to navigation (other than a seasonal or temporary aid) established, maintained, or operated by the Coast Guard.
(b) Requirement.— The process established under subsection (a) shall include procedures— to notify the public of any discontinuance of an aid to navigation described in that subsection; and to safeguard against any discontinuation that may compromise the safety of mariners or the public or hinder maritime operational readiness, including with respect to food security and maritime transportation.
(c) Consultation.— In establishing a process under subsection (a), the Secretary shall consult with and consider any recommendations of— the Navigation Safety Advisory Council; and with respect to aids to navigation established, maintained, or operated by the Coast Guard and located in the coastal or inland waterways of a State, the public of such State and relevant stakeholders, including— State agencies; State, local, and Tribal law enforcement, fire, and emergency response agencies; Indian Tribes; port; pilots; harbormasters; commercial and recreational fishermen, including fishing associations; ferry operators; marina operators; recreational boaters; passenger vessel operators; and coastal residents.
(d) Notification.— Not later than 30 days after the date on which the process is established under subsection (a), the Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of such process.
§ 561 Icebreaking in polar regions
(a) Procurement Authority.— The Secretary may enter into one or more contracts for the procurement of— the Polar Security Cutters approved as part of a major acquisition program as of November 1, 2019 ; and 3 additional Polar Security Cutters. A contract entered into under paragraph (1) shall provide that any obligation of the United States to make a payment under the contract during a fiscal year after fiscal year 2019 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.
(b) Planning.— The Secretary shall facilitate planning for the design, procurement, maintenance, deployment, and operation of icebreakers as needed to support the statutory missions of the Coast Guard in the polar regions by allocating all funds to support icebreaking operations in such regions, except for recurring incremental costs associated with specific projects, to the Coast Guard.
(c) Reimbursement.— Nothing in this section shall preclude the Secretary from seeking reimbursement for operation and maintenance costs of the Polar Star , Healy , or any other Polar Security Cutter from other Federal agencies and entities, including foreign countries, that benefit from the use of those vessels.
(d) Restriction.— The Commandant may not— transfer, relinquish ownership of, dismantle, or recycle the Polar Sea or Polar Star ; change the current homeport of the Polar Sea or Polar Star ; or expend any funds— for any expenses directly or indirectly associated with the decommissioning of the Polar Sea or Polar Star , including expenses for dock use or other goods and services; for any personnel expenses directly or indirectly associated with the decommissioning of the Polar Sea or Polar Star , including expenses for a decommissioning officer; for any expenses associated with a decommissioning ceremony for the Polar Sea or Polar Star ; to appoint a decommissioning officer to be affiliated with the Polar Sea or Polar Star ; or to place the Polar Sea or Polar Star in inactive status. This subsection shall cease to have effect on September 30, 2022 .
(e) Limitation.— The Secretary may not expend amounts appropriated for the Coast Guard for any of fiscal years 2015 through 2024, for— design activities related to a capability of a Polar Security Cutter that is based solely on an operational requirement of a Federal department or agency other than the Coast Guard, except for amounts appropriated for design activities for a fiscal year before fiscal year 2016; or long-lead-time materials, production, or postdelivery activities related to such a capability. Amounts made available to the Secretary under an agreement with a Federal department or agency other than the Coast Guard and expended on a capability of a Polar Security Cutter that is based solely on an operational requirement of such Federal department or agency shall not be treated as amounts expended by the Secretary for purposes of the limitation under paragraph (1).
(f) Enhanced Maintenance Program for the Polar Star.— Subject to the availability of appropriations, the Commandant shall conduct an enhanced maintenance program on the Polar Star 1 to extend the service life of such vessel until at least December 31, 2025 . The Commandant may use funds made available pursuant to section 4902(1)(A), to carry out this subsection.
(g) Definitions.— In this section: The term “ Polar Sea ” means Coast Guard Cutter Polar Sea (WAGB 11). The term “ Polar Star ” means Coast Guard Cutter Polar Star (WAGB 10). The term “ Healy ” means Coast Guard Cutter Healy (WAGB 20).
§ 562 Appeals and waivers
Except for the Commandant, any individual adjudicating an appeal or waiver of a decision regarding marine safety, including inspection or manning and threats to the environment, shall— be a qualified specialist with the training, experience, and qualifications in marine safety to effectively judge the facts and circumstances involved in the appeal and make a judgment regarding the merits of the appeal; or have a senior staff member who— meets the requirements of paragraph (1); actively advises the individual adjudicating the appeal; and concurs in writing on the decision on appeal. (Added Pub. L. 111–281, title V, § 524(a) , Oct. 15, 2010 , 124 Stat. 2958 , § 102; renumbered § 101, Pub. L. 111–330, § 1(6)(A) , Dec. 22, 2010 , 124 Stat. 3569 ; amended Pub. L. 115–232, div. C, title XXXV, § 3531(c)(2) , Aug. 13, 2018 , 132 Stat. 2320 ; renumbered § 562, Pub. L. 115–282, title I, § 105(b) , Dec. 4, 2018 , 132 Stat. 4200 .)
§ 563 Notification of certain determinations
(a) In General.— At least 90 days prior to making a final determination that a waterway, or a portion thereof, is navigable for purposes of the jurisdiction of the Coast Guard, the Commandant shall provide notification regarding the proposed determination to— the Governor of each State in which such waterway, or portion thereof, is located; the public; and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(b) Content Requirement.— Each notification provided under subsection (a) to an entity specified in paragraph (3) of that subsection shall include— an analysis of whether vessels operating on the waterway, or portion thereof, subject to the proposed determination are subject to inspection or similar regulation by State or local officials; an analysis of whether operators of commercial vessels on such waterway, or portion thereof, are subject to licensing or similar regulation by State or local officials; and an estimate of the annual costs that the Coast Guard may incur in conducting operations on such waterway, or portion thereof.
§ 564 Administration of sexual assault forensic examination kits
(a) Sexual Assault Forensic Exam Procedure.— Before embarking on any prescheduled voyage, a Coast Guard vessel shall have in place a written operating procedure that ensures that an embarked victim of sexual assault shall have access to a sexual assault forensic examination— as soon as possible after the victim requests an examination; and that is treated with the same level of urgency as emergency medical care. The written operating procedure required by paragraph (1) shall, at a minimum, account for— the health, safety, and privacy of a victim of sexual assault; the proximity of ashore or afloat medical facilities, including coordination as necessary with the Department of Defense, including other military departments (as defined in section 101 of title 10 ); the availability of aeromedical evacuation; the operational capabilities of the vessel concerned; the qualifications of medical personnel onboard; coordination with law enforcement and the preservation of evidence; the means of accessing a sexual assault forensic examination and medical care with a restricted report of sexual assault; the availability of nonprescription pregnancy prophylactics; and other unique military considerations.
(b) Annual Report.— The Commandant shall submit to the Transportation and Infrastructure Committee of the House of Representatives and the Commerce, Science, and Transportation Committee of the Senate a report containing the number of sexual assault forensic examinations that were requested by, but not administered within 3 days to, alleged victims of sexual assault when such victims were onboard a Coast Guard vessel.
§ 565 Use of unmanned aircraft systems
With respect to any unmanned aircraft system procured by the Coast Guard, the Commandant shall ensure that such system be used to support the primary duties of the Coast Guard pursuant to section 102. (Added Pub. L. 119–60, div. G, title LXXIII, § 7338(a) , Dec. 18, 2025 , 139 Stat. 1776 .)