CHAPTER 1

ORGANIZATION AND ADMINISTRATION

 

PURPOSE OF CHAPTER AND MISSION

Chapter 1 provides a general description of a Maritime Force and includes samples of authority needed to establish an organizational structure and empower the organization with the type of general authority it needs to function. The chapter provides basic articles for the establishment of a Maritime Force of any size. Appendix A includes an additional 13 articles that could be included as part of this Title. The articles in the appendix relate to personnel administration and to establishment and administration of a reserve program.

This chapter is organized into four subparts. Subpart 1(A) describes certain defined positions of authority. Subpart 1(B) sets forth articles establishing a Maritime Force and its missions and authority. It contains the general assignments of duty and grants of authority that define the role of the Maritime Force. Subpart 1(C) grants authority to the Maritime Force to collect and disseminate intelligence, issue directives, and cooperate with other armed services, agencies, and foreign governments. Finally, subpart 1(D) addresses discipline for all military personnel.

THE U.S. COAST GUARD

Although it is one of the five "armed forces" of the United States, the U.S. Coast Guard in times of peace works within the U.S. Department of Homeland Security, not for the U.S. Department of Defense. When war is declared, or when directed by the President, the U.S. Coast Guard becomes a part of the U.S. Navy. To be prepared, many Coast Guard units are assigned naval warfare tasks.

The units assigned naval warfare tasks are armed with the necessary weapons and combat systems to accomplish their missions. These units train and operate with the U.S. Navy on a regular basis. The principal components of the national security mission of the U.S. Coast Guard are port security, shallow water operations, convoy escort, and coastal defense.

Unlike the U.S. Navy, the U.S. Coast Guard has been delegated certain police powers. Although U.S. Coast Guard personnel have served in every major United States conflict since 1790, the Coast Guard also performs many non-military missions. Each of these missions is discussed in a later chapter.

Operationally, the U.S. Coast Guard is divided into two area commands, the Atlantic and Pacific, each of which is divided into smaller district commands throughout the United States. Large ships (or "cutters") report directly to the two area commands, while smaller cutters and shore facilities, comprised primarily of air stations, marine safety offices and groups of small boat stations, report to the district commands.

From a resource standpoint, the U.S. Coast Guard has approximately 38,000 uniformed military and 5,000 civilian personnel. Military personnel operate approximately 250 ships of various types and sizes, 2,000 boats, 220 helicopters and fixed-wing aircraft, and 300 shore units. To put the U.S. Coast Guard’s overall size into perspective, standing alone it would be the world’s 12th largest Navy in number of vessels and 7th largest naval air force in number of airframes.

The President of the United States is authorized to appoint officers in the Regular Coast Guard. The sources of these appointments are generally from the Coast Guard Academy and from officers serving in the Coast Guard reserve. The Coast Guard also recruits and trains personnel in various enlisted rates. Like the other U.S. military services, enlistments are voluntary and for terms of up to six years. Service entry training is provided by the Coast Guard’s Training Center at Cape May, New Jersey. Entry into a specific job rating is accomplished through the use of Coast Guard and Navy resident training schools, as well as correspondence courses. Advancement of enlisted personnel is dependent on competitive service-wide examination. Requirements for advancement are established by directive.

As one of the reserve components of the U.S. armed forces, the Coast Guard Reserve provides trained personnel, both in pre-organized units and as individuals, to expand the capabilities of the active service when required. While training to meet this responsibility, Coast Guard Reservists support the active service in the performance of its full range of missions, providing both peak and surge capacity. In addition, the Coast Guard Reserve can be called to active service in times of domestic emergencies by the President.

Coast Guard civilian employees play a prominent role in the Coast Guard. Although civilians do not serve as law enforcement officers and do not have operational control over Coast Guard operational resources, many civilians serve in managerial, technical, or supportive positions. For instance, the Foreign Affairs Advisor and Director of International Affairs is a civilian holding the equivalent status of a senior flag officer. With the help of a staff composed of senior and junior military personnel, civilians, and reservists, the Director arranges for the use of Coast Guard resources and personnel to support the many international Affairs activities and for the training of international students.

The Coast Guard Auxiliary was created to promote recreational boating safety and assist the Coast Guard to perform its non-military missions. It is composed of unpaid volunteers who are experienced boaters, amateur radio operators, and licensed aircraft pilots. The Auxiliary helps the Coast Guard with three basic programs:

(A) Courtesy Marine Examination (CME). At the request of recreational boat owners, specially-trained Auxiliarists conduct CMEs of boats. They check the boat to ensure it carries required equipment, and help to educate boat owners. No penalty is imposed if a boat fails the CME, but owners are encouraged to fix any problems.

(B) Public Education. The Auxiliary teaches boat owners to safely operate their boats in a number of different boating safety courses.

(C) Operations. Auxiliarists are also involved in Coast Guard operations. They perform search and rescue duties, patrol marine events, help to protect the marine environment, and maintain some aids to navigation.

It should be noted that the Coast Guard is composed of men and women of diverse cultural backgrounds and abilities. The Coast Guard attempts to recognize that each individual serving in the Coast Guard is unique and has different personal attributes. One of the Coast Guard's personnel policies is to actively seek to create and maintain a positive environment where the differences of all personnel are recognized, understood, and valued. This policy is intended to encourage all members of the Coast Guard to try to reach their full potential and maximize their contributions to Coast Guard missions.

INTERNATIONAL LAW

Directives issued pursuant to this chapter should be applied in accordance with recognized principles of international law, and in accordance with treaties, conventions, and other agreements to which [State] is a party Generally, the organization and administration of a Maritime Force is exclusively a matter of domestic policy.

The following subparts contain draft legislative language.

General Definitions

Subpart 1(A)

Article 1.1 Authorized Official. As used in this Title, the term "authorized official" means that individual designated in writing to discharge some duty, or exercise some authority, vested statutorily in another official. . As used in this Title, the term "authorized official" means that individual designated in writing to discharge some duty, or exercise some authority, vested statutorily in another official.

Article 1.2 Chief of Staff. As used in this Title, the term "Chief of Staff" means that individual appointed by the President to head the military branch of the Ministry of Defense. The Chief of Staff is the state’s highest ranking military officer and is directly accountable to the Minister of Defense.

Article 1.3 Commandant. As used in this Title, the term "Commandant" means that officer, appointed by the President, to act as the Chief of Naval Operations. In addition to being responsible for the readiness of all Maritime Force units and personnel, the Commandant is responsible for all those matters delegated to the Commandant by the Minister of Defense.. As used in this Title, the term "Commandant" means that officer, appointed by the President, to act as the Chief of Naval Operations. In addition to being responsible for the readiness of all Maritime Force units and personnel, the Commandant is responsible for all those matters delegated to the Commandant by the Minister of Defense.

Article 1.4 Minister. As used in this Title (unless otherwise specified), the term "Minister" means the Minister of Defense.. As used in this Title (unless otherwise specified), the term "Minister" means the Minister of Defense.

Article 1.5 Minister of Defense. As used in this Title, the term "Minister of Defense" refers to the civilian head of the department of government in which the armed services of the country are organizationally located.. As used in this Title, the term "Minister of Defense" refers to the civilian head of the department of government in which the armed services of the country are organizationally located.

Article 1.6 President. As used in this Title, the term "President" refers to that individual who is the head of [State].. As used in this Title, the term "President" refers to that individual who is the head of [State].

Article 1.7 Title. As used in this Model Code, the term "Title" refers to the body of the Model Maritime Service Code, including any articles or material located therein. As used in this Model Code, the term "Title" refers to the body of the Model Maritime Service Code, including any articles or material located therein.

Formal Establishment

Subpart 1(B)

Article 1.8 Establishment of the Service. A Maritime Force shall be established effective [specific date] and shall be a military service and a branch of the armed forces of [State] at all times. . A Maritime Force shall be established effective [specific date] and shall be a military service and a branch of the armed forces of [State] at all times.

(A) The Maritime Force is a branch of the armed forces of [State]. The Minister is the commander of the Maritime Force and other branches of the armed forces.

(B) The Minister may establish headquarters and support units, districts, and individual operating units to enable the performance of its missions.

Article 1.9 National Defense and Secondary Missions.

(A) The Maritime Force shall be organized, trained, and equipped for prompt and sustained combat incident to operations at sea. All other missions are secondary.

(B) Secondary missions include maritime search and rescue and enforcement of laws pertaining to: customs, controlled substances, immigration, marine living resources, pollution and pollution prevention, navigation, recreational boating, port security and safety, vessel safety, merchant vessel personnel, and preservation and exploitation of the marine environment.

(C) The Maritime Force shall maintain vessels, aircraft, weapons, tactics, techniques, organization, and equipment to meet its primary and secondary missions.

Article 1.10 President as Commander-in-Chief.

(A) The President is the Commander-in-Chief of the armed forces of [State].

(B) As Commander-in-Chief of the armed forces, the President may introduce [State] armed forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances pursuant to:

(1) a declaration of war;

(2) specific statutory authorization;

(3) a national emergency created by an attack on [State], [its territories or possessions,] or its armed forces; or,

(4) any other declared national emergency.

Article 1.11 Operation as a Branch of the Armed Forces. As a branch of the armed forces, the Maritime Force is subject to the orders of the Minister of Defense. . As a branch of the armed forces, the Maritime Force is subject to the orders of the Minister of Defense.

(A) Precedence between commissioned officers of corresponding grades in the Maritime Force and other armed forces shall be determined by the date of rank stated on their commissions for a specific grade.

(B) Personnel of the Maritime Force shall be eligible to receive gratuities, medals, and other insignia of honor on the same basis as all other personnel in the armed forces.

(C) The Maritime Force is subject to such general directives as may be made applicable, by formal pronouncement by the Minister of Defense, to all of the armed forces.

Article 1.12 Law Enforcement.

(A) The Maritime Force will enforce, or when appropriate, assist in the enforcement of national laws on or under the high seas and waters subject to the jurisdiction of [State]. The Maritime Force is responsible for enforcing or assisting in enforcing national laws on or under the high seas and waters subject to the jurisdiction of [State], including but not limited to:

(1) national security;

(2) general crimes and civil offenses;

(3) maritime crimes;

(4) investigations, civil penalties, and suspension and revocation of licenses, certificates, and documents;

(5) customs and smuggling;

(6) narcotics trafficking and possession;

(7) immigration;

(8) the preservation of marine living resources;

(9) search and rescue;

(10) navigation, including the promotion of safety at seas by preventing collisions and groundings, the maintenance of a system of aids to navigation, pilotage requirements, and traffic rules;

(11) recreational boating;

(12) port security and safety;

(13) carrying out the provisions in the Safety of Life at Sea Convention (SOLAS), the International Convention on Load Lines (ILC) and the International Convention on Tonnage Measurement of Ships; safety standards for uninspected vessels; the carriage of bulk cargoes and dangerous goods; and vessel documentation and a numbering system for undocumented vessels;

(14) the manning of vessels, standards of training, certification, and watchkeeping for seafarers, and seafarer protection;

(15) the prevention of pollution from ships, pollution preparedness and response, and ocean dumping; and,

(16) the preservation of the marine environment, including requirements relating to marine sanctuaries, protection of submerged marine archeological objects, and marine scientific research.

(B) Commissioned, warrant, and petty officers of the Maritime Force may exercise general law enforcement authority. This includes authority to make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which [State] has jurisdiction, for the prevention, detection, and suppression of violations of laws of [State].

(C) When an officer with general law enforcement authority believes that a vessel is about to leave a place in [State] in violation of the provisions of this Title, or an applicable international convention, such official may detain the vessel by giving notice to the owner, charterer, managing operator, agent, master, or individual in charge of the vessel. A detained vessel may be cleared only after permission is granted from the Captain of the Port.

(D) The Minister may, whenever appropriate, pay a reward to any person who furnishes information leading to an assessment of a civil penalty, or to a forfeiture of property, for any violation of this Title or directive or permit issued under this Title.

Article 1.13 Court of Inquiry.

(A) Authority. The Minister may convene a Court of Inquiry consisting of 3 or more officers to investigate any matter related to, or affecting, the operation or performance of the armed forces (for example, material or personnel casualties, vessel groundings, aviation mishaps). Further, the Minister may delegate this authority as necessary.

(B) Directives. The Minister shall promulgate directives for the operation of courts of inquiry. Such directives shall address: the function and purpose of such courts; the subject matter appropriate for investigation by such courts; the persons authorized to convene such courts; the method of convening a court; the composition of courts of inquiry; procedures to be followed by the court in discharging its duties; and the procedures for challenging actions of the court.

(C) Responsibility. A Court of Inquiry may inquire into any matter related to, or affecting, the operation or performance of the armed forces. A Court of Inquiry has no judicial function. It shall make findings of fact, and unless specifically requested to do so, may not express opinions or make recommendations. A Court of Inquiry may not punish any party implicated as a result of its proceedings nor discipline an individual appearing before it.

General Assignments of Duty and Grants of Authority to the Service

Subpart 1(C)

Article 1.14 Collection, Analysis, and Dissemination of Intelligence.

(A) The Ministry of Defense, as an agency within the [State] intelligence community, shall, in addition to other agencies within the intelligence community and in accordance with applicable [State] law, conduct intelligence activities necessary for the conduct of foreign relations and the protection of the national security of [State], including:

(1) collecting information needed by the President, Minister of Foreign Affairs, and other government officials for the performance of their duties and responsibilities;

(2) producing and disseminating intelligence data and analyses;

(3) collecting information concerning intelligence activities directed against [State], international terrorist and international narcotics activities, and other hostile activities directed against [State] by foreign powers, organizations, persons, and their agents; and,

(4) performing such other intelligence activities as the President may direct.

(B) The Commandant may form foreign intelligence and counterintelligence elements within the Maritime Force to fulfill the responsibilities of the Ministry of Defense as set forth in Article 1.14(A). These intelligence elements shall conduct intelligence activities in accordance with applicable [State] law and subject to the review of the Minister of Defense and the Minister of Justice.

Article 1.15 Authority to Issue Directives.

(A) The Minister may promulgate directives related to the functions, powers and duties of the Maritime Force. Further, the Commandant, if authorized by the Minister, shall have the authority to redelegate and authorize successive redelegation of this authority within the Maritime Force.

(B) If a directive applies to members of the public, its issuance shall be preceded by public notice and an opportunity for public comment. If it would be in the public interest, a public hearing may also be held to allow for the orderly presentation of comments, suggestions, and recommendations.

Article 1.16 Cooperation with Other Armed Services.

(A) General. As a branch of the armed forces of [State], the Maritime Force is required to maintain a state of readiness to function in time of war. To accomplish this responsibility the Maritime Force is authorized, with the concurrence of the Minister, to conduct operations with the other armed forces.

(B) Joint Training.

(1) The Maritime Force may, by agreement, with or without reimbursement for the cost thereof, receive (or send) personnel from (or to) any of the other armed forces for instruction in any school operated by the Maritime Force (or other armed services).

(2) While assigned to such instruction, personnel shall be subject to the directives governing such schools.

(C) Joint Operations. From time to time, as the Minister directs, the Maritime Force shall conduct joint operations with the other armed forces as shall be necessary to maintain its proficiency and integrated role in [State]s' national defense hierarchy. Further, subject to the approval of the Minister, the Maritime Force may assign its personnel to the other armed forces and receive assigned personnel from the other armed forces to facilitate a cooperative and efficient approach to national defense.

(D) Service in Time of War or National Emergency. During time of war or national emergency, the Maritime Force’s principal duty shall be to function at the direction of the Minister in the performance of various military missions central to the defense of [State]. To facilitate this task the Commandant may call upon an established reserve force to augment the manpower assets of the Maritime Force.

Article 1.17 Cooperation with Other Governmental Agencies.

(A) General.

(1) The Maritime Force may, when so requested, utilize its personnel and facilities to assist any other national agency or any political subdivision of [State] to perform any activity for which such personnel and facilities may be of assistance.

(2) Officers and enlisted personnel of the Maritime Force, when assigned to another agency of the government, shall be subject to the directives issued by the minister in charge of tat respective agency.

(3) The Maritime Force, with the consent of the head of the agency concerned, may avail itself of such officers and employees, advice, information, and facilities of any national agency, or political subdivision of [State] as may be helpful in the performance of its duties. In connection with the utilization of personal services of employees of local governments, the Maritime Force may make payments for necessary traveling and per diem expenses as prescribed for national employees by standardized government travel directives.

(4) The Maritime Force may, with the approval of the Minister, utilize its personnel and facilities to assist any nongovernmental organization to perform any activity for which such personnel and facilities may be of assistance. The Minister may choose to require compensation from the organization receiving the requested service.

(5) The Maritime Force may, when so requested, detail personnel for duty in connection with maritime instruction and training in public or commercial institutions.

(6) The Minister shall, whenever appropriate, use by agreement the personnel, services, and facilities of other government agencies and instrumentalities to carry out responsibilities under this Title.

(B) Cooperation with Specific Agencies.

(1) Ministry of Foreign Affairs. The Maritime Force, through the Minister, may exchange information, through the Ministry of Foreign Affairs, with foreign governments and suggest to the Minister of Foreign Affairs international collaboration and conferences on all matters.

(2) Weather Bureau. In order to promote the safety of life and property on and over the high seas and waters over which the [State] has jurisdiction, and to facilitate the preparation and dissemination by the Weather Bureau of the weather reports, forecasts, and warnings essential to the safe and efficient conduct of domestic and international commerce on and over such seas and waters, the Commandant may cooperate with the Chief of the Weather Bureau by procuring, maintaining, and making available facilities and assistance for observing, investigating, and communicating weather phenomena and for disseminating weather data, forecasts, and warnings. The terms of such cooperation in weather service shall be agreed upon and arranged between the Commandant and the Chief of the Weather Bureau.

(C) Reimbursement. Subject to the Minister’s discretion, the Maritime Force shall be reimbursed by other governmental agencies for the following items:

(1) any expenses directly related to investigations and civil or criminal enforcement proceedings, including any necessary expenses for equipment, training, travel, witnesses, and contracting services directly related to such investigations or proceedings;

(2) reimbursement for services performed, or personnel, equipment, or facilities utilized, under any agreement entered into with another agency or any similar agreement authorized by law;

(3) a reward to any person who furnishes information which leads to an arrest, conviction, civil penalty assessment, or forfeiture of property for any violation of any provision of law; and,

(4) the reasonable and necessary costs incurred in providing temporary storage, care, and maintenance of seized property pending disposition of any civil or criminal proceeding alleging a violation of any provision of law.

Article 1.18 Cooperation With and Assistance to Foreign Governments.

(A) General. The Minister may, upon application from the foreign governments concerned, detail personnel of the Maritime Force to assist foreign governments in matters for which the Maritime Force may be of assistance. Personnel so detailed may accept, from the government to which detailed, such compensation and benefits as may be first approved by the Minister. While so detailed, such personnel shall receive, in addition to the compensation and benefits allowed them by such governments, the pay and allowances to which they are entitled in the Maritime Force and shall be allowed the same credit for longevity, retirement, and for all other purposes that they would receive if they were serving in the Maritime Force.

(B) Mission Attachés. Commissioned officers may, with the consent of the Minister of Foreign Affairs, be regularly and officially attached to the diplomatic missions of the [State]. Expenses for the maintenance of such maritime attachés abroad may be defrayed by the Maritime Force.

Discipline

Subpart 1(D)

Article 1.19 Discipline..

(A) General. The Minister may issue directives governing the discipline of all personnel in [State’s] armed forces. Such rules shall include authority for local commanders to take such action as is necessary to ensure the continued readiness of units of the armed forces, including imposing non-judicial punishment, convening courts-martial, and convening courts of inquiry. Such rules shall also specify procedures and punishments in all courts-martial and related disciplinary hearings for military personnel. In addition, preliminary, supplementary, and appellate procedures and activities may be identified where necessary to provide for the just determination of every proceeding relating to trial by court-martial.

(B) Non-judicial Punishment.

(1) Defined. Non-judicial punishment is the authority of a Commanding Officer of an armed forces unit to dispose of minor disciplinary infractions in a summary fashion. Non-judicial punishment provides sanctions less onerous than a court-martial but more severe than non-punitive measures (which may be imposed by any supervisor).

(2) Authority. The Minister shall promulgate guidelines for the exercise of Non-judicial punishment authority. Such guidelines shall address: who has the authority to impose Non-judicial punishment; who may be punished through the Non-judicial punishment process; what types and categories of offenses may be addressed through the Non-judicial punishment process; what alternative rights (such as the right to demand trial by court-martial) a service-member offered Non-judicial punishment may exercise; the procedural rules (e.g., notice, hearing and appeals) for imposing Non-judicial punishment; the types of punishment which may be awarded; and the legal consequences of a Non-judicial punishment proceeding.

(C) Courts-Martial.

(1) Defined. A court-martial is a military judicial forum for disposing of offenses committed by service members. A court-martial tries cases and adjudges criminal sentences. [Note: A court-martial is solely disciplinary, or penal, in nature; in other words, its purpose is to try only criminal cases and adjudge only criminal sentences.]

(2) Authority. The Minister shall issue directives for the exercise of courts-martial authority in the armed forces. Such directives shall specify: the nature of court-martial jurisdiction [the types of courts-martial (for example, general courts-martial for the most serious offenses, such as murder; special courts-martial for less serious offenses; and summary courts-martial for the least serious crimes)]; the composition of a court-martial; the authority and procedure for convening a court-martial; procedures for pretrial and courtroom proceedings; the types of sentences which may be imposed; and the appeal process for challenging an adjudged sentence.

 

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