14 U.S.C. § 316 — National Coast Guard Museum

Page 23 TITLE 14—COAST GUARD § 316 (2) DETAIL WITHIN COAST GUARD OFFICE OF BUDGET AND PROGRAMS.— (A) IN GENERAL.—At the written request of a receiving congressional office, the training course required under this section shall in- clude a multi-day detail within the Coast Guard Office of Budget and Programs to en- sure adequate exposure to Coast Guard pol- icy, oversight, and requests from Congress. (B) NONCONSECUTIVE DETAIL PERMITTED.—A detail under this paragraph is not required to be consecutive with the balance of the training. (c) COMPLETION OF REQUIRED TRAINING.—A member of the Coast Guard selected for a posi- tion described in subsection (a) shall complete the training required by this section before the date on which such member reports for duty for such position. (Added Pub. L. 114–120, title II, § 214(b)(1), Feb. 8, 2016, 130 Stat. 43, § 60; amended Pub. L. 114–328, div. C, title XXXV, § 3503(a), Dec. 23, 2016, 130 Stat. 2775; Pub. L. 115–232, div. C, title XXXV, § 3532, Aug. 13, 2018, 132 Stat. 2321; renumbered § 315, Pub. L. 115–282, title I, § 104(b), Dec. 4, 2018, 132 Stat. 4196; Pub. L. 117–263, div. K, title CXII, § 11251(a), Dec. 23, 2022, 136 Stat. 4052.) Editorial Notes PRIOR PROVISIONS A prior section 315, act Aug. 4, 1949, ch. 393, 63 Stat. 520, related to dropping for disabilities due to vicious habits, prior to repeal by act Aug. 3, 1950, ch. 536, § 36, 64 Stat. 408. See section 1207 of Title 10. AMENDMENTS 2022—Pub. L. 117–263 amended section generally. Prior to amendment, section related to training course on workings of Congress. 2018—Pub. L. 115–282 renumbered section 60 of this title as this section. Subsec. (d). Pub. L. 115–232 amended subsec. (d) gen- erally. Prior to amendment, subsec. (d) related to com- pletion of required training for then current and newly appointed flag officers and employees. 2016—Subsec. (a). Pub. L. 114–328 substituted ‘‘Coast Guard Authorization Act of 2016’’ for ‘‘Coast Guard Au- thorization Act of 2015’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114–328, div. C, title XXXV, § 3503(e), Dec. 23, 2016, 130 Stat. 2775, provided that: ‘‘The amendments made by this section [amending this section, sections 429, 676a, and 2702 of this title, sections 3104, 4503, and 7510 of Title 46, Shipping, and provisions set out as a note under section 1151 of Title 16, Conservation] shall take effect as if included in the enactment of Public Law 114–120 [Feb. 8, 2016].’’ § 316. National Coast Guard Museum (a) ESTABLISHMENT.—The Commandant may establish, accept, operate, maintain and support the Museum, on lands which will be federally owned and administered by the Coast Guard, and are located in New London, Connecticut. (b) USE OF FUNDS.— (1) The Secretary shall not expend any funds appropriated to the Coast Guard on the con- struction of any museum established under this section. (2) Subject to the availability of appropria- tions, the Secretary may expend funds appro- priated to the Coast Guard on the engineering and design of a Museum. (3) The priority for the use of funds appro- priated to the Coast Guard shall be to pre- serve, protect, and display historic Coast Guard artifacts, including the design, fabrica- tion, and installation of exhibits or displays in which such artifacts are included. (c) FUNDING PLAN.—Not later than 2 years after the date of the enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020 and at least 90 days before the date on which the Commandant accepts the Museum under subsection (f), the Commandant shall sub- mit to the Committee on Commerce, Science, and Transportation of the Senate and the Com- mittee on Transportation and Infrastructure of the House of Representatives a plan for con- structing, operating, and maintaining such Mu- seum, including— (1) estimated planning, engineering, design, construction, operation, and maintenance costs; (2) the extent to which appropriated, non- appropriated, and non-Federal funds will be used for such purposes, including the extent to which there is any shortfall in funding for en- gineering, design, or construction; (3) an explanation of any environmental re- mediation issues related to the land associated with the Museum; and (4) a certification by a third party entity qualified to undertake such a certification process that the estimates provided pursuant to paragraphs (1) and (2) are reasonable and re- alistic. (d) CONSTRUCTION.— (1) The Association may construct the Mu- seum described in subsection (a). (2) The Museum shall be designed and con- structed in compliance with the International Building Code 2018, and construction per- formed on Federal land under this section shall be exempt from State and local require- ments for building or demolition permits. (e) AGREEMENTS.—Under such terms and condi- tions as the Commandant considers appropriate, notwithstanding section 504, and until the Com- mandant accepts the Museum under subsection (f), the Commandant may— (1) license Federal land to the Association for the purpose of constructing the Museum described in subsection (a); and (2)(A) at a nominal charge, lease the Mu- seum from the Association for activities and operations related to the Museum; and (B) authorize the Association to generate revenue from the use of the Museum. (f) ACCEPTANCE.—Not earlier than 90 days after the Commandant submits the plan under sub- section (c), the Commandant shall accept the Museum from the Association and all right, title, and interest in and to the Museum shall vest in the United States when— (1) the Association demonstrates, in a man- ner acceptable to the Commandant, that the Museum meets the design and construction re- quirements of subsection (d); and Page 24 TITLE 14—COAST GUARD § 317 (2) all financial obligations of the Associa- tion incident to the National Coast Guard Mu- seum have been satisfied. (g) SERVICES.—The Commandant may solicit from the Association and accept services from nonprofit entities, including services related to activities for construction of the Museum. (h) AUTHORITY.—The Commandant may not es- tablish a Museum except as set forth in this sec- tion. (i) DEFINITIONS.—In this section: (1) MUSEUM.—The term ‘‘Museum’’ means the National Coast Guard Museum. (2) ASSOCIATION.—The term ‘‘Association’’ means the National Coast Guard Museum As- sociation. (Added Pub. L. 108–293, title II, § 213(a), Aug. 9, 2004, 118 Stat. 1037, § 98; amended Pub. L. 114–120, title II, § 219, Feb. 8, 2016, 130 Stat. 48; renum- bered § 316 and amended Pub. L. 115–282, title I, § 104(b), title III, § 303, Dec. 4, 2018, 132 Stat. 4196, 4243; Pub. L. 116–283, div. G, title LVXXXIV [LXXXIV], § 8439(a), Jan. 1, 2021, 134 Stat. 4737; Pub. L. 117–263, div. K, title CXII, § 11259, Dec. 23, 2022, 136 Stat. 4058.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, referred to in subsec. (c), is the date of enactment of div. G of Pub. L. 116–283, which was approved Jan. 1, 2021. AMENDMENTS 2022—Subsec. (c)(4). Pub. L. 117–263 substituted ‘‘a third party entity qualified to undertake such a certifi- cation process’’ for ‘‘the Inspector General of the de- partment in which the Coast Guard is operating’’. 2021—Pub. L. 116–283 amended section generally. Prior to amendment, section related to National Coast Guard Museum. 2018—Pub. L. 115–282, § 303, amended section generally. Prior to amendment, section related to National Coast Guard Museum. Pub. L. 115–282, § 104(b), renumbered section 98 of this title as this section. 2016—Subsec. (b)(1). Pub. L. 114–120, § 219(1), sub- stituted ‘‘any funds appropriated to the Coast Guard on’’ for ‘‘any appropriated Federal funds for’’. Subsec. (b)(2). Pub. L. 114–120, § 219(2), substituted ‘‘artifacts, including the design, fabrication, and instal- lation of exhibits or displays in which such artifacts are included.’’ for ‘‘artifacts.’’ § 317. United States Coast Guard Band; composi- tion; director (a) The United States Coast Guard Band shall be composed of a director and other personnel in such numbers and grades as the Secretary deter- mines to be necessary. (b) The Secretary may designate as the direc- tor any individual determined by the Secretary to possess the necessary qualifications. Upon the recommendation of the Secretary, an indi- vidual so designated may be appointed by the President, by and with the advice and consent of the Senate, to a commissioned grade in the Reg- ular Coast Guard. (c) The initial appointment to a commissioned grade of an individual designated as director of the Coast Guard Band shall be in the grade de- termined by the Secretary to be most appro- priate to the qualifications and experience of the appointed individual. (d) An individual who is designated and com- missioned under this section shall not be in- cluded on the active duty promotion list. He shall be promoted under section 2126 of this title. However, the grade of the director may not be higher than captain. (e) The Secretary may revoke any designation as director of the Coast Guard Band. When an individual’s designation is revoked, his appoint- ment to commissioned grade under this section terminates and he is entitled, at his option— (1) to be discharged from the Coast Guard; or (2) to revert to the grade and status he held at the time of his designation as director. (Added Pub. L. 89–189, § 1(1), Sept. 17, 1965, 79 Stat. 820, § 336; amended Pub. L. 102–587, title V, § 5201, Nov. 4, 1992, 106 Stat. 5071; Pub. L. 107–295, title III, § 311, Nov. 25, 2002, 116 Stat. 2102; Pub. L. 109–241, title II, § 204(a), July 11, 2006, 120 Stat. 520; renumbered § 317 and amended Pub. L. 115–282, title I, §§ 104(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4196, 4240.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, § 104(b), renumbered section 336 of this title as this section. Subsec. (d). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2126’’ for ‘‘section 276’’. 2006—Subsec. (b). Pub. L. 109–241, § 204(a)(1), in first sentence, substituted ‘‘The Secretary may designate as the director any individual determined by the Sec- retary to possess the necessary qualifications.’’ for ‘‘The Secretary shall designate the director from among qualified members of the Coast Guard.’’, and, in second sentence, substituted ‘‘an individual so des- ignated’’ for ‘‘a member so designated’’. Subsec. (c). Pub. L. 109–241, § 204(a)(2), substituted ‘‘of an individual’’ for ‘‘of a member’’ and ‘‘determined by the Secretary to be most appropriate to the qualifica- tions and experience of the appointed individual’’ for ‘‘of lieutenant (junior grade) or lieutenant’’. Subsec. (d). Pub. L. 109–241, § 204(a)(3), substituted ‘‘An individual’’ for ‘‘A member’’. Subsec. (e). Pub. L. 109–241, § 204(a)(4), substituted ‘‘When an individual’s designation is revoked,’’ for ‘‘When a member’s designation is revoked,’’ and ‘‘op- tion—’’ for ‘‘option:’’. 2002—Subsec. (d). Pub. L. 107–295 substituted ‘‘cap- tain’’ for ‘‘commander’’. 1992—Subsec. (d). Pub. L. 102–587 substituted ‘‘com- mander’’ for ‘‘lieutenant commander’’. Statutory Notes and Related Subsidiaries CURRENT DIRECTOR Pub. L. 109–241, title II, § 204(b), July 11, 2006, 120 Stat. 520, provided that: ‘‘The individual serving as Coast Guard band director on the date of enactment of this Act [July 11, 2006] may be immediately promoted to a commissioned grade, not to exceed captain, determined by the Secretary of the department in which the Coast Guard is operating to be most appropriate to the quali- fications and experience of that individual.’’ § 318. Environmental Compliance and Restora- tion Program (a) DEFINITIONS.—For the purposes of this sec- tion— (1) ‘‘environment’’, ‘‘facility’’, ‘‘person’’, ‘‘release’’, ‘‘removal’’, ‘‘remedial’’, and ‘‘re-