14 U.S.C. § 312

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 312 - Prevention and response workforces

(a) CAREER PATHS.-The Secretary, acting through the Commandant, shall ensure that appropriate career paths for civilian and military Coast Guard personnel who wish to pursue career paths in prevention or response positions are identified in terms of the education, training, 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 Secretary shall make available published information on such career paths.

(b) QUALIFICATIONS FOR CERTAIN ASSIGNMENTS.-An officer, member, or civilian employee 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 classification 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 investigation practices by Federal and non-Federal entities;

(3) marine safety engineer shall have knowledge, skill, and practical experience in-

(A) the construction and operation of commercial vessels;

(B) judging the character, strength, stability, and safety qualities of such vessels and their equipment; or

(C) the qualifications and training of vessel personnel;

(4) waterways operations manager shall have knowledge, skill, and practical experience with respect to maritime transportation system management; or

(5) port and facility safety and security specialist shall have knowledge, skill, and practical experience with respect to the safety, security, and environmental protection responsibilities associated with maritime ports and facilities.

(c) APPRENTICESHIP REQUIREMENT TO QUALIFY FOR CERTAIN CAREERS.-The Commandant may require an officer, member, or employee of the Coast Guard in training for a specialized prevention or response career path to serve an apprenticeship under the guidance of a qualified individual. However, an individual in training to become a marine inspector, marine casualty investigator, marine safety engineer, waterways operations manager, or port and facility safety and security specialist shall serve a minimum of one-year as an apprentice unless the Commandant authorizes a shorter period for certain qualifications.

(d) MANAGEMENT INFORMATION SYSTEM.-The Secretary, acting through the Commandant, shall establish a management information system 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 Prevention who shall be at least a Lieutenant Commander 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 commonly found in the sector; and

(2) qualified marine casualty investigator, marine safety engineer, waterways operations manager, or port and facility safety and security specialist.

(f) SIGNATORIES OF LETTER OF QUALIFICATION FOR CERTAIN PREVENTION PERSONNEL.-Each individual signing a letter of qualification for marine safety personnel must hold a letter of qualification 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 sector.

14 U.S.C. § 312

Added Pub. L. 111-281, title V, §521(a), Oct. 15, 2010, 124 Stat. 2953, §57; amended Pub. L. 113-281, title II, §§203, Dec. 18, 2014, 221, 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 title LVXXXV [LXXXV], §§8504(a), 8505(a)(1), Jan. 1, 2021, 134 Stat. 4747.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 312, acts Aug. 4, 1949, ch. 393, 63 Stat. 520; Aug. 3, 1950, ch. 536, §14, 64 Stat. 407, related to relief 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.

AMENDMENTS2021-Subsec. (b)(4). Pub. L. 116-283, §8504(a), substituted "maritime transportation system" for "marine 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 "marine 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), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).Subsec. (f)(2). Pub. L. 113-281, §203(3), substituted "investigator, marine safety engineer, waterways operations manager, or port and facility safety and security specialist" for "investigator or marine safety engineer".Subsecs. (g), (h). Pub. L. 113-281, §221(b)(1)(B)(ii), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).