14 U.S.C. § 318 — Environmental Compliance and Restora-

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- Page 25 TITLE 14—COAST GUARD § 319 sponse’’ have the same meaning they have in section 101 of the Comprehensive Environ- mental Response, Compensation, and Liability Act (42 U.S.C. 9601); (2) ‘‘hazardous substance’’ has the same meaning it has in section 101 of the Com- prehensive Environmental Response, Com- pensation, and Liability Act (42 U.S.C. 9601), except that it also includes the meaning given ‘‘oil’’ in section 311 of the Federal Water Pol- lution Control Act (33 U.S.C. 1321); and (3) ‘‘pollutant’’ has the same meaning it has in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362). (b) PROGRAM.— (1) The Secretary shall carry out a program of environmental compliance and restoration at current and former Coast Guard facilities. (2) Program goals include: (A) Identifying, investigating, and clean- ing up contamination from hazardous sub- stances and pollutants. (B) Correcting other environmental dam- age that poses an imminent and substantial danger to the public health or welfare or to the environment. (C) Demolishing and removing unsafe buildings and structures, including buildings and structures at former Coast Guard facili- ties. (D) Preventing contamination from haz- ardous substances and pollutants at current Coast Guard facilities. (3)(A) The Secretary shall respond to re- leases of hazardous substances and pollut- ants— (i) at each Coast Guard facility the United States owns, leases, or otherwise possesses; (ii) at each Coast Guard facility the United States owned, leased, or otherwise possessed when the actions leading to contamination from hazardous substances or pollutants oc- curred; and (iii) on each vessel the Coast Guard owns or operates. (B) Subparagraph (A) of this paragraph does not apply to a removal or remedial action when a potentially responsible person re- sponds under section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9622). (C) The Secretary shall pay a fee or charge imposed by a State authority for permit serv- ices for disposing of hazardous substances or pollutants from Coast Guard facilities to the same extent that nongovernmental entities are required to pay for permit services. This subparagraph does not apply to a payment that is the responsibility of a lessee, con- tractor, or other private person. (4) The Secretary may agree with another Federal agency for that agency to assist in carrying out the Secretary’s responsibilities under this section. The Secretary may enter into contracts, cooperative agreements, and grant agreements with State and local govern- ments to assist in carrying out the Secretary’s responsibilities under this section. Services that may be obtained under this paragraph in- clude identifying, investigating, and cleaning up off-site contamination that may have re- sulted from the release of a hazardous sub- stance or pollutant at a Coast Guard facility. (5) Section 119 of the Comprehensive Envi- ronmental Response, Compensation, and Li- ability Act (42 U.S.C. 9619) applies to response action contractors that carry out response ac- tions under this section. The Coast Guard shall indemnify response action contractors to the extent that adequate insurance is not gen- erally available at a fair price at the time the contractor enters into the contract to cover the contractor’s reasonable, potential, long- term liability. (c) AMOUNTS RECOVERED FOR RESPONSE AC- TIONS.— (1) All sums appropriated to carry out the Coast Guard’s environmental compliance and restoration functions under this section or an- other law shall be credited or transferred to an appropriate Coast Guard account, as deter- mined by the Commandant and remain avail- able until expended. (2) Funds may be obligated or expended from such account to carry out the Coast Guard’s environmental compliance and restoration functions under this section or another law. (3) In proposing the budget for any fiscal year under section 1105 of title 31, the Presi- dent shall set forth separately the amount re- quested for the Coast Guard’s environmental compliance and restoration activities under this section or another law. (4) Amounts recovered under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9607) for the Secretary’s response actions at current and former Coast Guard facilities shall be credited to an appropriate Coast Guard account, as determined by the Com- mandant. (d) ANNUAL LIST OF PROJECTS TO CONGRESS.— The Commandant shall submit to the Com- mittee on Transportation and Infrastructure of the House of Representatives and the Com- mittee on Commerce, Science, and Transpor- tation of the Senate a prioritized list of projects eligible for environmental compliance and res- toration funding for each fiscal year concurrent with the President’s budget submission for that fiscal year. (Added Pub. L. 115–282, title I, § 104(c)(1)(B), Dec. 4, 2018, 132 Stat. 4198.) Editorial Notes REFERENCES IN TEXT The Comprehensive Environmental Response, Com- pensation, and Liability Act, referred to in text, prob- ably means the Comprehensive Environmental Re- sponse, Compensation, and Liability Act of 1980, Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, which is classified principally to chapter 103 (§ 9601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of Title 42 and Tables. § 319. Unmanned system program and autono- mous control and computer vision tech- nology project (a) UNMANNED SYSTEM PROGRAM.—Not later than 2 years after the date of enactment of this