CHAPTER 49—AUTHORIZATIONS
4901.
Requirement for prior authorization of appropriations.
4902.
Authorization of appropriations.
4903.
Authorization of personnel end strengths.
4904.
Authorized levels of military strength and training.
Editorial Notes
Amendments
2018—Pub. L. 115–282, title I, §121(a), Dec. 4, 2018, 132 Stat. 4238, inserted chapter 49 designation and heading and added items 4901 to 4904.
§4901. Requirement for prior authorization of appropriations
Amounts may be appropriated to or for the use of the Coast Guard for the following matters only if the amounts have been authorized by law after December 31, 1976:
(1) For the operation and support of the Coast Guard, not otherwise provided for.
(2) For the procurement, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, aircraft, and systems, including equipment related thereto, and for maintenance, rehabilitation, lease, and operation of facilities and equipment.
(3) For research and development.1 of technologies, materials, and human factors directly related to improving the performance of the Coast Guard.
(Added Pub. L. 97–295, §2(20)(A), Oct. 12, 1982, 96 Stat. 1303, §662; amended Pub. L. 101–225, title II, §222(c), Dec. 12, 1989, 103 Stat. 1919; Pub. L. 111–259, title IV, §442(2), Oct. 7, 2010, 124 Stat. 2733; renumbered §2701 and amended Pub. L. 114–120, title I, §101(b), Feb. 8, 2016, 130 Stat. 30; Pub. L. 115–232, div. C, title XXXV, §3538(a), Aug. 13, 2018, 132 Stat. 2322; renumbered §4901 and amended Pub. L. 115–282, title I, §§121(b), 123(c)(5)(A), Dec. 4, 2018, 132 Stat. 4238, 4241; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8513(a)(5), Jan. 1, 2021, 134 Stat. 4760.)
The word "Amounts" is substituted for "funds" for clarity and consistency. Before clause (1), the words "After fiscal year 1977" are omitted as executed. The words "of such funds" are omitted as unnecessary. In clause (2), the words "aids, establishments, vessels, or aircraft" are substituted for "thereto" for clarity. In clause (4), the words "a matter referred to in clauses (1)–(3)" are substituted for "any of the above" for clarity.
Editorial Notes
Amendments
2021—Par. (1). Pub. L. 116–283, §8513(a)(5)(A), substituted "support" for "maintenance".
Par. (2). Pub. L. 116–283, §8513(a)(5)(B), substituted "procurement" for "acquisition".
Par. (3). Pub. L. 116–283, §8513(a)(5)(C)–(E), redesignated par. (5) as (3), substituted "research and development." for "research, development, test, and evaluation", and struck out former par. (3) which read as follows: "For the Coast Guard Reserve program, including operations and maintenance of the program, personnel and training costs, equipment, and services."
Par. (4). Pub. L. 116–283, §8513(a)(5)(C), struck out par. (4) which read as follows: "For the environmental compliance and restoration functions of the Coast Guard under section 318 of this title."
Par. (5). Pub. L. 116–283, §8513(a)(5)(D), redesignated par. (5) as (3).
Par. (6). Pub. L. 116–283, §8513(a)(5)(C), struck out par. (6) which read as follows: "For alteration or removal of bridges over navigable waters of the United States constituting obstructions to navigation, and for personnel and administrative costs associated with the Alteration of Bridges Program."
2018—Pub. L. 115–282, §121(b), renumbered section 2701 of this title as this section.
Par. (2). Pub. L. 115–232 substituted "aircraft, and systems" for "and aircraft".
Par. (4). Pub. L. 115–282, §123(c)(5)(A), substituted "section 318" for "chapter 19".
2016—Pub. L. 114–120, §101(b)(1), (2), renumbered section 662 of this title as this section.
Pars. (1) to (6). Pub. L. 114–120, §101(b)(3), added pars. (1) to (6) and struck out former pars. (1) to (5) which read as follows:
"(1) For the operation and maintenance of the Coast Guard.
"(2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore or offshore establishments, vessels, or aircraft, including equipment related to the aids, establishments, vessels, or aircraft.
"(3) For altering obstructive bridges.
"(4) For research, development, test, or evaluation related to intelligence systems and capabilities or a matter referred to in clauses (1)–(3).
"(5) For environmental compliance and restoration at Coast Guard facilities."
2010—Par. (4). Pub. L. 111–259 inserted "intelligence systems and capabilities or" after "related to".
1989—Par. (5). Pub. L. 101–225 added par. (5).
§4902. Authorizations of appropriations
Funds are authorized to be appropriated for fiscal years 2022 and 2023 for necessary expenses of the Coast Guard as follows:
(1)(A) For the operation and maintenance of the Coast Guard, not otherwise provided for—
(i) $10,000,000,000 for fiscal year 2022; and
(ii) $10,750,000,000 for fiscal year 2023.
(B) Of the amount authorized under subparagraph (A)(i), $23,456,000 shall be for environmental compliance and restoration.
(C) Of the amount authorized under subparagraph (A)(ii), $24,353,000 shall be for environmental compliance and restoration.
(2)(A) For the procurement, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, aircraft, and systems, including equipment related thereto, and for maintenance, rehabilitation, lease, and operation of facilities and equipment—
(i) $3,312,114,000 for fiscal year 2022; and
(ii) $3,477,600,000 for fiscal year 2023.
(B) Of the amounts authorized under subparagraph (A), the following amounts shall be for the alteration of bridges:
(i) $20,400,000 for fiscal year 2022; and
(ii) $20,808,000 for fiscal year 2023.
(3) To the Commandant for research, development, test, and evaluation of technologies, materials, and human factors directly related to improving the performance of the Coast Guard's mission with respect to search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness, and for maintenance, rehabilitation, lease, and operation of facilities and equipment—
(A) $7,476,000 for fiscal year 2022; and
(B) $14,681,084 for fiscal year 2023.
(4) For the Coast Guard's Medicare-eligible retiree health care fund contribution to the Department of Defense—
(A) $240,577,000 for fiscal year 2022; and
(B) $252,887,000 for fiscal year 2023.
(Added Pub. L. 114–120, title I, §101(a), Feb. 8, 2016, 130 Stat. 29, §2702; amended Pub. L. 114–328, div. C, title XXXV, §3503(d)(1), Dec. 23, 2016, 130 Stat. 2775; Pub. L. 115–232, div. C, title XXXV, §§3531(c)(14), 3538(b), Aug. 13, 2018, 132 Stat. 2320, 2322; renumbered §4902 and amended Pub. L. 115–282, title I, §§121(b), 123(c)(5)(B), title II, §202, Dec. 4, 2018, 132 Stat. 4238, 4241; Pub. L. 116–283, div. G, title LVXXXI [LXXXI], §8101, Jan. 1, 2021, 134 Stat. 4634; Pub. L. 117–263, div. K, title CXI, §11101, Dec. 23, 2022, 136 Stat. 4003.)
Editorial Notes
Amendments
2022—Pub. L. 117–263, §11101(1), substituted "fiscal years 2022 and 2023" for "fiscal years 2020 and 2021" in introductory provisions.
Par. (1)(A). Pub. L. 117–263, §11101(2)(A), added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows:
"(i) $8,151,620,850 for fiscal year 2020; and
"(ii) $8,396,169,475 for fiscal year 2021."
Par. (1)(B). Pub. L. 117–263, §11101(2)(B), substituted "$23,456,000" for "$17,035,000".
Par. (1)(C). Pub. L. 117–263, §11101(2)(C), substituted "(A)(ii), $24,353,000" for ", (A)(ii) $17,376,000".
Par. (2)(A). Pub. L. 117–263, §11101(3)(A), added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows:
"(i) $2,794,745,000 for fiscal year 2020; and
"(ii) $3,312,114,000 for fiscal year 2021."
Par. (2)(B). Pub. L. 117–263, §11101(3)(B), added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows:
"(i) $10,000,000 for fiscal year 2020; and
"(ii) $20,000,000 for fiscal year 2021."
Par. (3). Pub. L. 117–263, §11101(4), added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:
"(A) $13,834,000 for fiscal year 2020; and
"(B) $14,111,000 for fiscal year 2021."
Par. (4). Pub. L. 117–263, §11101(5), added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:
"(A) $205,107,000 for fiscal year 2020; and
"(B) $209,209,000 for fiscal year 2021."
2021—Pub. L. 116–283, §8101(1), substituted "years 2020 and 2021" for "year 2019" in introductory provisions.
Par. (1)(A). Pub. L. 116–283, §8101(2), substituted "provided for—" for "provided for, $7,914,195,000 for fiscal year 2019." and added cls. (i) and (ii).
Par. (1)(B). Pub. L. 116–283, §8101(3), (4), substituted "subparagraph (A)(i), $17,035,000 shall be for environmental compliance and restoration." for "subparagraph (A)—" in introductory provisions and struck out cls. (i) and (ii) which read as follows:
"(i) $16,701,000 shall be for environmental compliance and restoration; and
"(ii) $199,360,000 shall be for the Coast Guard's Medicare-eligible retiree health care fund contribution to the Department of Defense."
Par. (1)(C). Pub. L. 116–283, §8101(5), added subpar. (C).
Par. (2). Pub. L. 116–283, §8101(6), designated existing provisions as subpar. (A), substituted "and equipment—" for "and equipment, $2,694,745,000 for fiscal year 2019.", added cls. (i) and (ii) of subpar. (A), and added subpar. (B).
Par. (3). Pub. L. 116–283, §8101(7), substituted "and equipment—" for "and equipment, $29,141,000 for fiscal year 2019." and added subpars. (A) and (B).
Par. (4). Pub. L. 116–283, §8101(8), added par. (4).
2018—Pub. L. 115–282, §202(b), struck out subsec. (b) designation and heading before "Funds are authorized" and struck out subsec. (a) which related to authorization of appropriations for fiscal year 2018.
Pub. L. 115–282, §202(a), amended section generally. Prior to amendment, section related to authorization of appropriations.
Pub. L. 115–282, §121(b), renumbered section 2702 of this title as this section.
Par. (2). Pub. L. 115–232, §3538(b), substituted "aircraft, and systems" for "and aircraft" in introductory provisions.
Par. (4). Pub. L. 115–282, §123(c)(5)(B), substituted "section 318" for "chapter 19" in introductory provisions.
Par. (5). Pub. L. 115–232, §3531(c)(14), substituted "Commandant" for "Commandant of the Coast Guard" in introductory provisions.
2016—Par. (1)(B). Pub. L. 114–328, §3503(d)(1)(A), substituted "$6,986,815,000" for "$6,981,036,000".
Par. (3)(B). Pub. L. 114–328, §3503(d)(1)(B), substituted "$134,237,000" for "$140,016,000".
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–282, title II, §202(b), Dec. 4, 2018, 132 Stat. 4242, provided that the amendment made by section 202(b) is effective October 1, 2018.
Effective Date of 2016 Amendment
Amendment by Pub. L. 114–328 effective as if included in the enactment of Pub. L. 114–120, see section 3503(e) of Pub. L. 114–328, set out as a note under section 315 of this title.
§4903. Authorization of personnel end strengths
(a) For each fiscal year, Congress shall authorize the strength for active duty personnel of the Coast Guard as of the end of that fiscal year. Amounts may be appropriated for a fiscal year to or for the use of active duty personnel of the Coast Guard only if the end strength for active duty personnel for that fiscal year has been authorized by law. If at the end of any fiscal year there is in effect a declaration of war or national emergency, the President may defer the effectiveness of any end-strength limitation with respect to that fiscal year prescribed by law for any military or civilian component of the Coast Guard, for a period not to exceed 6 months after the end of the war or termination of the national emergency.
(b)(1) Congress shall authorize the average military training student loads for the Coast Guard for each fiscal year. That authorization is required for student loads for the following individual training categories:
(A) Recruit and specialized training.
(B) Flight training.
(C) Professional training in military and civilian institutions.
(D) Officer acquisition training.
(2) Amounts may be appropriated for a fiscal year for use in training military personnel of the Coast Guard in the categories referred to in paragraph (1) only if the average student loads for the Coast Guard for that fiscal year have been authorized by law.
(Added Pub. L. 97–295, §2(20)(A), Oct. 12, 1982, 96 Stat. 1302, §661; amended Pub. L. 107–295, title I, §105(a), Nov. 25, 2002, 116 Stat. 2085; renumbered §2703, Pub. L. 114–120, title I, §101(c), Feb. 8, 2016, 130 Stat. 31; renumbered §4903, Pub. L. 115–282, title I, §121(b), Dec. 4, 2018, 132 Stat. 4238.)
The words "after fiscal year 1977" are omitted as executed. The word "Amounts" is substituted for "funds" for clarity and consistency.
Editorial Notes
Amendments
2018—Pub. L. 115–282 renumbered section 2703 of this title as this section.
2016—Pub. L. 114–120 renumbered section 661 of this title as this section.
2002—Subsec. (a). Pub. L. 107–295 inserted at end "If at the end of any fiscal year there is in effect a declaration of war or national emergency, the President may defer the effectiveness of any end-strength limitation with respect to that fiscal year prescribed by law for any military or civilian component of the Coast Guard, for a period not to exceed 6 months after the end of the war or termination of the national emergency."
§4904. Authorized levels of military strength and training
(a) Active Duty Strength.—The Coast Guard is authorized an end-of-year strength for active duty personnel of 44,500 for each of fiscal years 2022 and 2023.
(b) Military Training Student Loads.—The Coast Guard is authorized average military training student loads for each of fiscal years 2022 and 2023 as follows:
(1) For recruit and special training, 2,500 student years.
(2) For flight training, 165 student years.
(3) For professional training in military and civilian institutions, 385 student years.
(4) For officer acquisition, 1,200 student years.
(Added Pub. L. 114–120, title I, §101(a), Feb. 8, 2016, 130 Stat. 29, §2704; renumbered §4904 and amended Pub. L. 115–282, title I, §121(b), title II, §203, Dec. 4, 2018, 132 Stat. 4238, 4242; Pub. L. 116–283, div. G, title LVXXXI [LXXXI], §8102, Jan. 1, 2021, 134 Stat. 4634; Pub. L. 117–263, div. K, title CXI, §11102, title CXIV, §11413(c), Dec. 23, 2022, 136 Stat. 4004, 4120.)
Editorial Notes
Amendments
2022—Subsec. (a). Pub. L. 117–263, §11102(1), substituted "fiscal years 2022 and 2023" for "fiscal years 2020 and 2021".
Subsec. (b). Pub. L. 117–263, §11102(2), substituted "fiscal years 2022 and 2023" for "fiscal years 2020 and 2021".
Subsec. (b)(3). Pub. L. 117–263, §11413(c), substituted "385" for "350".
2021—Subsec. (a). Pub. L. 116–283, §8102(1), substituted "44,500 for each of fiscal years 2020 and 2021" for "43,000 for fiscal year 2018 and 44,500 for fiscal year 2019".
Subsec. (b). Pub. L. 116–283, §8102(2), substituted "fiscal years 2020 and 2021" for "fiscal years 2018 and 2019" in introductory provisions.
2018—Pub. L. 115–282 renumbered section 2704 of this title as this section.
Subsec. (a). Pub. L. 115–282, §203(1), substituted "for fiscal year 2018 and 44,500 for fiscal year 2019" for "for each of fiscal years 2016 and 2017".
Subsec. (b). Pub. L. 115–282, §203(2), substituted "fiscal years 2018 and 2019" for "fiscal years 2016 and 2017" in introductory provisions.