14 U.S.C. § 312 — Prevention and response workforces

Page 19 TITLE 14—COAST GUARD § 312 Homeland Security and the Commandant, is re- sponsible for preparation, justification, and exe- cution of the personnel, operation and mainte- nance, and construction budgets for the Coast Guard Reserve. As such, the Director of the Coast Guard Reserve is the director and func- tional manager of appropriations made for the Coast Guard Reserve in those areas. (e) ANNUAL REPORT.—The Director of the Coast Guard Reserve shall submit to the Sec- retary of Homeland Security and the Secretary of Defense an annual report on the state of the Coast Guard Reserve and the ability of the Coast Guard Reserve to meet its missions. The report shall be prepared in conjunction with the Com- mandant and may be submitted in classified and unclassified versions. (Added Pub. L. 106–65, div. A, title V, § 557(a), Oct. 5, 1999, 113 Stat. 619, § 53; amended Pub. L. 107–296, title XVII, § 1704(a), Nov. 25, 2002, 116 Stat. 2314; renumbered § 309, Pub. L. 115–282, title I, § 104(b), Dec. 4, 2018, 132 Stat. 4196.) Editorial Notes PRIOR PROVISIONS A prior section 309, acts Aug. 4, 1949, ch. 393, 63 Stat. 519; Aug. 3, 1950, ch. 536, § 11, 64 Stat. 407, authorized re- tirement of warrant officers with grade of commis- sioned warrant officer in case of special commendation, prior to repeal by Pub. L. 86–155, § 10(a)(1), (b), Aug. 11, 1959, 73 Stat. 338, effective Nov. 1, 1959, and by Pub. L. 88–130, § 1(10)(A), Sept. 24, 1963, 77 Stat. 177. AMENDMENTS 2018—Pub. L. 115–282 renumbered section 53 of this title as this section. 2002—Subsecs. (b)(3), (d), (e). Pub. L. 107–296 sub- stituted ‘‘of Homeland Security’’ for ‘‘of Transpor- tation’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces. § 310. Chief of Staff to President: appointment The President, by and with the advice and con- sent of the Senate, may appoint a flag officer of the Coast Guard as the Chief of Staff to the President. (Added Pub. L. 109–163, div. A, title V, § 597(a), Jan. 6, 2006, 119 Stat. 3283, § 54; renumbered § 310, Pub. L. 115–282, title I, § 104(b), Dec. 4, 2018, 132 Stat. 4196.) Editorial Notes PRIOR PROVISIONS A prior section 310, acts Aug. 4, 1949, ch. 393, 63 Stat. 519; Aug. 3, 1950, ch. 536, § 12, 64 Stat. 407, related to re- call to active duty during war or national emergency of warrant officers, prior to repeal by Pub. L. 88–130, § 1(10)(A), Sept. 24, 1963, 77 Stat. 177. AMENDMENTS 2018—Pub. L. 115–282 renumbered section 54 of this title as this section. § 311. Captains of the port Any officer, including any petty officer, may be designated by the Commandant as captain of the port or ports or adjacent high seas or waters over which the United States has jurisdiction, as the Commandant deems necessary to facilitate execution of Coast Guard duties. (Added Pub. L. 115–282, title I, § 104(c)(1)(A), Dec. 4, 2018, 132 Stat. 4198.) Editorial Notes PRIOR PROVISIONS A prior section 311, acts Aug. 4, 1949, ch. 393, 63 Stat. 519; Aug. 3, 1950, ch. 536, § 13, 64 Stat. 407, related to re- call of warrant officers to active duty with consent of the officer, prior to repeal by Pub. L. 88–130, § 1(10)(A), Sept. 24, 1963, 77 Stat. 177. § 312. Prevention and response workforces (a) CAREER PATHS.—The Secretary, acting through the Commandant, shall ensure that ap- propriate career paths for civilian and military Coast Guard personnel who wish to pursue ca- reer paths in prevention or response positions are identified in terms of the education, train- ing, experience, and assignments necessary for career progression of civilians and members of the Armed Forces to the most senior prevention or response positions, as appropriate. The Sec- retary shall make available published informa- tion on such career paths. (b) QUALIFICATIONS FOR CERTAIN ASSIGN- MENTS.—An officer, member, or civilian em- ployee of the Coast Guard assigned as a— (1) marine inspector shall have the training, experience, and qualifications equivalent to that required for a similar position at a classi- fication society recognized by the Secretary under section 3316 of title 46 for the type of vessel, system, or equipment that is inspected; (2) marine casualty investigator shall have the training, experience, and qualifications in investigation, marine casualty reconstruction, evidence collection and preservation, human factors, and documentation using best inves- tigation practices by Federal and non-Federal entities; (3) marine safety engineer shall have knowl- edge, skill, and practical experience in— (A) the construction and operation of com- mercial vessels; (B) judging the character, strength, sta- bility, and safety qualities of such vessels and their equipment; or (C) the qualifications and training of ves- sel personnel; (4) waterways operations manager shall have knowledge, skill, and practical experience with respect to maritime transportation sys- tem management; or (5) port and facility safety and security spe- cialist shall have knowledge, skill, and prac- tical experience with respect to the safety, se- curity, and environmental protection respon- sibilities associated with maritime ports and facilities. (c) APPRENTICESHIP REQUIREMENT TO QUALIFY FOR CERTAIN CAREERS.—The Commandant may Page 20 TITLE 14—COAST GUARD § 313 require an officer, member, or employee of the Coast Guard in training for a specialized preven- tion or response career path to serve an appren- ticeship under the guidance of a qualified indi- vidual. However, an individual in training to be- come a marine inspector, marine casualty inves- tigator, marine safety engineer, waterways op- erations manager, or port and facility safety and security specialist shall serve a minimum of one-year as an apprentice unless the Com- mandant authorizes a shorter period for certain qualifications. (d) MANAGEMENT INFORMATION SYSTEM.—The Secretary, acting through the Commandant, shall establish a management information sys- tem for the prevention and response workforces that shall provide, at a minimum, the following standardized information on individuals serving in those workforces: (1) Qualifications, assignment history, and tenure in assignments. (2) Promotion rates for military and civilian personnel. (e) SECTOR CHIEF OF PREVENTION.—There shall be in each Coast Guard sector a Chief of Preven- tion who shall be at least a Lieutenant Com- mander or civilian employee within the grade GS–13 of the General Schedule, and who shall be a— (1) marine inspector, qualified to inspect vessels, vessel systems, and equipment com- monly found in the sector; and (2) qualified marine casualty investigator, marine safety engineer, waterways operations manager, or port and facility safety and secu- rity specialist. (f) SIGNATORIES OF LETTER OF QUALIFICATION FOR CERTAIN PREVENTION PERSONNEL.—Each in- dividual signing a letter of qualification for ma- rine safety personnel must hold a letter of quali- fication for the type being certified. (g) SECTOR CHIEF OF RESPONSE.—There shall be in each Coast Guard sector a Chief of Response who shall be at least a Lieutenant Commander or civilian employee within the grade GS–13 of the General Schedule in each Coast Guard sec- tor. (Added Pub. L. 111–281, title V, § 521(a), Oct. 15, 2010, 124 Stat. 2953, § 57; amended Pub. L. 113–281, title II, §§ 203, 221(b)(1)(B), Dec. 18, 2014, 128 Stat. 3024, 3038; renumbered § 312, Pub. L. 115–282, title I, § 104(b), Dec. 4, 2018, 132 Stat. 4196; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §§ 8504(a), 8505(a)(1), Jan. 1, 2021, 134 Stat. 4747.) Editorial Notes PRIOR PROVISIONS A prior section 312, acts Aug. 4, 1949, ch. 393, 63 Stat. 520; Aug. 3, 1950, ch. 536, § 14, 64 Stat. 407, related to re- lief of retired warrant officer promoted while on active duty, prior to repeal by Pub. L. 88–130, § 1(10)(A), Sept. 24, 1963, 77 Stat. 177. AMENDMENTS 2021—Subsec. (b)(4). Pub. L. 116–283, § 8504(a), sub- stituted ‘‘maritime transportation system’’ for ‘‘ma- rine transportation system’’. Subsec. (d). Pub. L. 116–283, § 8505(a)(1), substituted ‘‘individuals’’ for ‘‘persons’’ in introductory provisions. 2018—Pub. L. 115–282 renumbered section 57 of this title as this section. 2014—Subsec. (b)(4), (5). Pub. L. 113–281, § 203(1), added pars. (4) and (5). Subsec. (c). Pub. L. 113–281, § 203(2), substituted ‘‘ma- rine safety engineer, waterways operations manager, or port and facility safety and security specialist’’ for ‘‘or marine safety engineer’’. Subsec. (e). Pub. L. 113–281, § 221(b)(1)(B), redesignated subsec. (f) as (e) and struck out former subsec. (e) which related to assessment of adequacy of marine safety workforce. Subsec. (f). Pub. L. 113–281, § 221(b)(1)(B)(ii), redesig- nated subsec. (g) as (f). Former subsec. (f) redesignated (e). Subsec. (f)(2). Pub. L. 113–281, § 203(3), substituted ‘‘in- vestigator, marine safety engineer, waterways oper- ations manager, or port and facility safety and security specialist’’ for ‘‘investigator or marine safety engi- neer’’. Subsecs. (g), (h). Pub. L. 113–281, § 221(b)(1)(B)(ii), re- designated subsec. (h) as (g). Former subsec. (g) redes- ignated (f). § 313. Centers of expertise for Coast Guard pre- vention and response (a) ESTABLISHMENT.—The Commandant may establish and operate one or more centers of ex- pertise for prevention and response missions of the Coast Guard (in this section referred to as a ‘‘center’’). (b) MISSIONS.—Any center established under subsection (a) shall— (1) promote, facilitate, and conduct— (A) education; (B) training; and (C) activities authorized under section 504(a)(4); (2) be a repository of information on oper- ations, practices, and resources related to the mission for which the center was established; and (3) perform and support the mission for which the center was established. (c) JOINT OPERATION WITH EDUCATIONAL INSTI- TUTION AUTHORIZED.—The Commandant may enter into an agreement with an appropriate of- ficial of an institution of higher education to— (1) provide for joint operation of a center; and (2) provide necessary administrative services for a center, including administration and al- location of funds. (d) ACCEPTANCE OF DONATIONS.— (1) Except as provided in paragraph (2), the Commandant may accept, on behalf of a cen- ter, donations to be used to defray the costs of the center or to enhance the operation of the center. Those donations may be accepted from any State or local government, any foreign government, any foundation or other chari- table organization (including any that is orga- nized or operates under the laws of a foreign country), or any individual. (2) The Commandant may not accept a dona- tion under paragraph (1) if the acceptance of the donation would compromise or appear to compromise— (A) the ability of the Coast Guard or the department in which the Coast Guard is op- erating, any employee of the Coast Guard or the department, or any member of the Armed Forces to carry out any responsi- bility or duty in a fair and objective manner; or