Section 4902 of title 14, United States Code, is amended—
in the matter preceding paragraph (1) by striking fiscal years 2022 and 2023and inserting fiscal years 2025, 2026, 2027, 2028, and 2029;
in paragraph (1)—
(i) $11,287,500,000 for fiscal year 2025;
(ii) $11,851,875,000 for fiscal year 2026;
(iii) $13,500,000,000 for fiscal year 2027;
(iv) $14,500,000,000 for fiscal year 2028; and
(v) $15,500,000,000 for fiscal year 2029.
in subparagraph (A) by striking clauses (i) and (ii) and inserting the following:
in subparagraph (B) by striking 3,456,000and inserting 5,570,000; and
in subparagraph (C) by striking subparagraph (A)(ii), 4,353,000and inserting clauses (ii), (iii), (iv), and (v) of subparagraph (A), respectively, 6,848,500;
in paragraph (2)(A) by striking clauses (i) and (ii) and inserting the following:
(i) $3,627,600,000 for fiscal year 2025;
(ii) $3,651,480,000 for fiscal year 2026;
(iii) $3,700,000,000 for fiscal year 2027;
(iv) $3,750,000,000 for fiscal year 2028; and
(v) $3,800,000,000 for fiscal year 2029.
$15,415,000 for fiscal year 2025;
$67,701,000 for fiscal year 2026;
$70,000,000 for fiscal year 2027;
$75,000,000 for fiscal year 2028; and
$80,000,000 for fiscal year 2029.
in paragraph (3) by striking subparagraphs (A) and (B) and inserting the following:
by striking paragraph (4) and inserting the following:
For retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for purposes of retired pay, payments under the Retired Serviceman’s Family Protection and Survivor Benefits Plans, payment for career status bonuses, payment of continuation pay under section 356 of title 37, concurrent receipts, combat-related special compensation, and payments for medical care of retired personnel and their dependents under of title 10— chapter 55
Section 4904 of title 14, United States Code, is amended—
in subsection (a) by striking 44,500 for each of fiscal years 2022 and 2023and inserting 50,000 for each of fiscal years 2025 and 2026, 55,000 for fiscal year 2027, and 60,000 for each of fiscal years 2028 and 2029; and
in subsection (b)—
in the matter preceding paragraph (1) by striking ;
in paragraph (1) by striking 2,500 student yearsand inserting 4,000 student years for each of fiscal years 2025 through 2029;
in paragraph (2) by striking 165 student yearsand inserting 250 student years for each of fiscal years 2025 through 2029;
in paragraph (3) by striking 385 student yearsand inserting 700 student years for each of fiscal years 2025 through 2029; and
in paragraph (4) by striking 1,200 student yearsand inserting 1,600 student years for each of fiscal years 2025 through 2029.
(b) Reporting requirement
In any fiscal year in which the submission required under section 1105 of title 31, United States Code, does not include a proportional increase in the Operations and Support funding under section 4902(1)(A) of title 14, United States Code, to support the end strengths authorized under the amendments made by subsection (a)—
the end strengths shall not exceed the levels authorized in fiscal year 2022 and fiscal year 2023; and
the Commandant shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the plan of the Coast Guard to achieve growth in the Coast Guard’s military strength to 60,000, which shall include—
proposed missions and purposes for the growth of the Coast Guard in miliary strength;
the additional estimated cost of salaries and benefits for each fiscal year from 2027 through 2032;
estimated recruiting resources and costs for each fiscal year from 2027 through 2032; and
estimated resources and costs required to achieve sufficient training capacity for growth in enlisted and officer corps for each fiscal year from 2027 through 2032.
(c) Rule of applicability
Section 517(a) of title 10, United States Code, shall not apply with respect to the Coast Guard until October 1, 2027.
Section 5102 of title 14, United States Code, is amended—
by redesignating subsection (c) as subsection (d); and
(c) Briefing
(1) In general
If the Commandant fails to submit the report required under this section, the Commandant shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the steps being taken to produce the report not less than once every 30 days until the required report is produced.
(2) Requirements
The briefing under paragraph (1) shall be made in person and may not be delegated by the Commandant.
by inserting after subsection (b) the following:
(b) Report
(1) In general
Not later than 180 days after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the status of shore infrastructure required to homeport or station all surface and aviation assets to be delivered as part of Level 1 or Level 2 acquisitions that have entered the obtain phase as authorized under section 1132(b) of title 14, United States Code.
(2) Elements
The report required under paragraph (1) shall include—
a description of the current homeports and stations to which of Coast Guard cutters and aircraft are assigned;
a description of cutters or aircrafts that are able to be located by the homeport or station to which they are assigned;
the current number of aircraft and cutters planned for the program of record of the Coast Guard;
a description of cutter and aircraft which are scheduled to be decommissioned or put in special commission status; and
a description of where new cutters and aircraft being acquired as part of the program of record of the Coast Guard will be assigned, including—
(i) an assessment of the shoreside and infrastructure needs for such cutters and aircrafts; and
(ii) an assessment of whether existing facilities are adequate to support such cutter and aircraft, and the costs of planning, engineering, design construction, land acquisition, and environmental remediation.
(c) Initial report
(1) In general
Not later than 90 days after the date of enactment of this Act, the Commandant shall issue a report detailing the progress of all approved Coast Guard cutter homeporting projects within the Coast Guard Arctic District with respect to each of the following:
Not later than 45 days after the end of each fiscal quarter, the Commandant shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing on all Level 1 and Level 2 acquisition programs, as such terms are defined in section 1171.
(b) Additional briefing
Not later than 1 week before taking procurement actions that will significantly impact the costs or timelines of a Level 1 or Level 2 acquisition program, the Commandant shall brief the committees described in subsection (a).
(c) Elements
Each briefing required under subsection (a) or (b) shall include, for each program—
a description of the purpose of the program, including the capabilities being acquired;
the total number of units, as appropriate, to be acquired annually until procurement is complete under the current acquisition program baseline;
the Acquisition Review Board status, including—
the current acquisition phase by increment, as applicable;
the date of the most recent review; and
whether the program has been paused or is in breach status;
a comparison between the initial Department-approved acquisition program baseline cost, schedule, and performance thresholds and objectives and the current such thresholds and objectives of the program, if applicable;
the lifecycle cost estimate, adjusted for comparison to the Future Coast Guard Program, including—
the confidence level for the estimate;
the fiscal years included in the estimate;
a breakout of the estimate for the prior five years, the current year, and the budget year;
a breakout of the estimate by appropriation account or other funding source; and
a description of and rationale for any changes to the estimate as compared to the previously approved baseline, as applicable, and during the prior fiscal year;
a summary of the findings of any independent verification and validation of the items to be acquired or an explanation for why no such verification and validation has been performed;
a table displaying the obligation of all program funds by prior fiscal year, the estimated obligation of funds for the current fiscal year, and an estimate for the planned carryover of funds into the subsequent fiscal year;
a listing of prime contractors and major subcontractors; and
narrative descriptions of risks to cost, schedule, or performance that could result in a program breach if not successfully mitigated, including—
the current risks to such program;
any failure of such program to demonstrate a key performance parameter or threshold during operational test and evaluation conducted during the previous fiscal year;
of title 14, United States Code, is amended by adding at the end the following: Chapter 51
(a) In general
Not later than 60 days after the date of enactment of this section, and not later than March 1 of each year thereafter, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the status of reports or briefings required under this chapter that have not been delivered to Congress.
(b) Contents
The report required under section (a) shall contain the following:
The status of each required report or briefing that has not been delivered to Congress, including the date the report or briefing is due, and if applicable, the number of days the Coast Guard has exceeded the required completion date.
A plan and timeline for the next steps to be taken to complete such outstanding reports or briefings.
The name of the flag officer responsible for the completion of each report or briefing.
(c) Briefing
(1) In general
If the Commandant fails to submit the report required under this section, the Commandant shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the steps being taken to produce the report not less than once every 30 days until the required report is produced.
(2) Requirements
The briefing under paragraph (1) shall be made in person and may not be delegated by the Commandant.
(b) Clerical amendment
The analysis for of title 14, United States Code, is amended by adding at the end the following: chapter 51
Not later than 6 months after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the status of the implementation of the recommendations contained in the report of the Government Accountability Office titled and issued April 9, 2024 (GAO–24–106374). Aircraft Fleet and Aviation Workforce Assessments Needed,
(b) Contents
The report required under section (a) shall contain the following:
An assessment of the type of helicopters the Coast Guard requires to meet the mission demands of the Coast Guard.
An analysis of alternatives, including an analytical study comparing the operational effectiveness, costs, and risks to determine the best suited aircraft to meet mission needs.
A fleet mix analysis to identify the necessary number of helicopters to meet the mission needs of the Coast Guard across all districts.
(c) Limitation of aircraft expenses
No funds authorized to be appropriated under section 4902(2)(A) of title 14, United States Code (as added by section 101(3)(A)), may be obligated or expended in fiscal years 2027 through 2029 for the procurement or modernization of helicopters until the Commandant submits the report required under this section.
(d) Minimum rotary wing fleet
(1) In general
The Commandant shall maintain an operational, geographically dispersed rotary wing fleet of not less than 140 aircraft for the purpose of meeting minimum operational capabilities until the Commandant submits the report required under this section.
(2) Report
In the event the operational rotary wing fleet of the Coast Guard falls below the requirements of this subsection, the Commandant shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a notification not later than 5 business days after the inability of the Commandant to meet the requirement.
appropriated pursuant to during any fiscal year in which the Commandant is not compliant with sections 5102 and 5103 (excluding section 5103(e)) of title 14, United States Code; and Public Law 119–21
that are provided in until the Commandant provides the report required under section 11217 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 () to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. Public Law 119–21; Public Law 117–263
(b) Notification requirement
Not less than 1 week before taking any procurement action impacting estimated costs or timelines for acquisitions or procurements appropriated pursuant to , the Commandant shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of such action. Public Law 119–21
(c) Expenditure plan
Not later than 90 days after the date of enactment of , the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a detailed expenditure plan, including projected project time lines for each acquisition and procurement appropriated under such Act and a list of project locations to be funded under such Act. Public Law 119–21
(d) Exception
If the President authorizes an exception under section 1151(b) of title 14, United States Code, for any Coast Guard vessel, or the hull or superstructure of such vessel for which funds are appropriated under , no such funds shall be obligated until the President submits to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a written explanation of the circumstances requiring such an exception in the national security interest, including— Public Law 119–21
a confirmation that there are insufficient qualified United States shipyards to meet the national security interest without such exception; and
actions taken by the President to enable qualified United States shipyards to meet national security requirements prior to the issuance of such an exception.
(e) Certifications and classification
Notwithstanding , the Commandant shall ensure any cutters or aircraft procured with appropriations made available by such Act meet the requirements of section 1133(c) of title 14, United States Code. Public Law 119–21
Not later than 120 days after the date of enactment of this Act, the Commandant and the Chief of Naval Operations shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committees on Armed Services of the Senate and the House of Representatives a report on the status of acquisition of Polar Security Cutters.
(2) Elements
The report under paragraph (1) shall include—
a detailed timeline for the acquisition process of Polar Security Cutters, including expected milestones and a projected commissioning date for the first 3 Polar Security Cutters;
an accounting of the previously appropriated funds spent to date on the Polar Security Cutter Program, updated cost projections for Polar Security Cutters, and projections for when additional funds will be required;
potential factors and risks that could further delay or imperil the completion of Polar Security Cutters; and
a review of the acquisition of Polar Security Cutters to date, including factors that led to substantial cost overruns and delivery delays.
(b) Briefings
(1) Provision to Congress
Not later than 90 days after the submission of the report under subsection (a), and not less frequently than every 90 days thereafter, the Commandant and the Chief of Naval Operations shall provide to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of the Polar Security Cutter acquisition process until Polar Security Cutter 2 achieves full operational capability.
(2) Timeline
The briefings under paragraph (1) shall occur after any key milestone in the Polar Security Cutter acquisition process, but not less frequently than every 90 days.
(3) Elements
Each briefing under paragraph (1) shall include—
a summary of acquisition progress since the most recent previous briefing conducted pursuant to paragraph (1);
an updated timeline and budget estimate for acquisition and building of pending Polar Security Cutters; and
an explanation of any delays or additional costs incurred in the acquisition progress.
(c) Notifications
In addition to the briefings required under subsection (b), the Commandant and the Chief of Naval Operations shall notify the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committees on Armed Services of the Senate and the House of Representatives within 3 business days of any significant change to the scope or funding level of the Polar Security Cutter acquisition strategy of such change.
of title 14, United States Code, is amended by adding at the end the following: Chapter 51
(a) In general
Not later than December 31, 2025, and annually thereafter, the Commandant of the Coast Guard, in consultation with the Secretary of State and Secretary of Defense, shall submit to the appropriate congressional committees a plan for Coast Guard operations in the Pacific region for the year after the year during which the plan is submitted. Such plan shall include, for the year covered by the plan, each of the following elements:
A list of objectives for Coast Guard engagement in the Pacific region in support of Department of State and Department of Defense missions.
An assessment of the capabilities of the Coast Guard to support Department of State and Department of Defense missions in the Pacific region.
A list of any areas in the Pacific region where an increased Coast Guard presence would better support Department of State and Department of Defense missions.
The projected demand for Coast Guard engagement in the Pacific region from the Department of State and the Department of Defense for the year covered by the plan and the subsequent 10 years.
An assessment of whether the Coast Guard will be able to meet such projected demand for the year covered by the plan, including—
a list of any factors limiting the ability of the Coast Guard to meet such projected demand; and
an analysis of the location from which any Coast Guard assets used to carry out missions in the Pacific, in addition to assets available in the year prior to the year in which the plan is submitted, will be transferred and any associated gaps in Coast Guard mission coverage any such transfers will create.
A summary of the resources needed for the Coast Guard to meet such projected demand for the year covered by the plan, including—
staff;
infrastructure, including shore infrastructure;
administrative and logistical support; and
technology.
Any other matter as determined relevant by the Commandant.
(b) Form
Each plan under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(c) Briefing required
Not later than February 15, 2026, and annually thereafter, the Commandant shall provide to the appropriate congressional committees a briefing on the annual plan required under subsection (a) submitted during the preceding year.
(d) Appropriate congressional committees defined
In this section, the term means— appropriate congressional committees
the Committee on Transportation and Infrastructure of the House of Representatives;
Section 102 of title 14, United States Code, is repealed.
(b) Transfer
Section 888(a) of is transferred to appear after section 101 of title 14, United States Code, redesignated as section 102, and amended to read as follows: Public Law 107–296
(a) In general
The Coast Guard shall administer laws, promulgate and enforce regulations, and engage in operations and activities, with due regard to the requirements of national defense, in support of the following:
(1) Non-Homeland Security Missions
(A) Marine safety
Engage in oceanographic research, ensure the safe operation of and facilitate the economical movement of goods through the Marine Transportation System, and develop, establish, maintain, and operate rescue facilities for the promotion of safety on, under, and over the high seas and waters subject to the jurisdiction of the United States and protect the lives and safety of those on the sea.
(B) Search and rescue
Respond to maritime disasters, natural or man-made, and render aid to people in distress to protect the lives and promote the safety of life and property on, under, and over the high seas and waters subject to the jurisdiction of the United States, covering all matters not specifically delegated by law to some other executive department.
(C) Aids to navigation
Develop, establish, maintain and operate aids to maritime navigation to promote the safe operation of the Marine Transportation System, pursuant to subchapter III of chapter 5, on, under, and over the high seas and waters subject to the jurisdiction of the United States.
(D) Living marine resources (fisheries law enforcement)
Safeguard fish and wildlife, including threatened and endangered species, from unlawful acts and environmental degradation under, and over the high seas and waters subject to the jurisdiction of the United States.
(E) Marine environmental protection
Safeguard United States marine resources and the ocean from unlawful acts and environmental degradation on, under, and over the high seas and waters subject to the jurisdiction of the United States.
(F) Ice operations
Develop, establish, maintain, and operate icebreaking facilities on, under, and over waters other than the high seas and waters subject to the jurisdiction of the United States.
(2) Homeland security missions
(A) Ports, waterways and coastal security
Conduct maritime recovery operations in the aftermath of incidents of national significance to ensure the continuity of commerce and critical port and waterway functions, protect the United States maritime domain and the Marine Transportation System, and deny the use and exploitation of the maritime domain as a means for attacks on United States territory, population, vessels, and critical infrastructure.
Section 302 of title 14, United States Code, is amended in the first sentence by striking further periods of four yearsand inserting one further period of four years.
of title 14, United States Code, is amended by redesignating sections 312 through 325 as sections 313 through 326, respectively. Chapter 3
(b) Clerical amendment
The analysis for of title 14, United States Code, is amended by redesignating the items relating to sections 312 through 325 as relating to sections 313 through 326, respectively. chapter 3
(c) Special Advisor to Commandant for Tribal and Native Hawaiian Affairs
of title 14, United States Code, is further amended by inserting after section 311 the following: Chapter 3
(a) In general
In accordance with Federal trust responsibilities and treaty obligations, laws, and policies relevant to Indian Tribes and in support of the principles of self-determination, self-governance, and co-management with respect to Indian Tribes, and to support engagement with Native Hawaiians, there shall be in the Coast Guard a Special Advisor to the Commandant for Tribal and Native Hawaiian Affairs (in this section referred to as the ‘Special Advisor’), who shall—
be selected by the Secretary and the Commandant through a competitive search process;
have expertise in Federal Indian law and policy, including government-to-government consultation;
to the maximum extent practicable, have expertise in legal and policy issues affecting Native Hawaiians; and
have an established record of distinguished service and achievement working with Indian Tribes, Tribal organizations, and Native Hawaiian organizations.
(b) Career reserved position
The position of Special Advisor shall be a career reserved position at the GS–15 level or greater.
(c) Duties
The Special Advisor shall—
ensure the Federal government upholds the Federal trust responsibility and conducts consistent, meaningful, and timely government-to-government consultation and engagement with Indian Tribes, which shall meet or exceed the standards of the Federal Government and the Coast Guard;
ensure meaningful and timely engagement with—
Native Hawaiian organizations; and
Tribal organizations;
advise the Commandant on all policies of the Coast Guard that have Tribal implications in accordance with applicable law and policy, including Executive Orders;
work to ensure that the policies of the Federal Government regarding consultation and engagement with Indian Tribes and engagement with Native Hawaiian organizations and Tribal organizations are implemented in a meaningful manner, working through Coast Guard leadership and across the Coast Guard, together with—
liaisons located within Coast Guard districts;
the Director of Coast Guard Governmental and Public Affairs; and
Section 316 of title 14, United States Code, as so redesignated, is amended to read as follows:
(a) In general
(1) Training course
The Commandant, and such other individuals and organizations as the Commandant considers appropriate, shall develop a training course on the workings of Congress and offer such training course at least once each year.
(2) Course subject matter
The training course required by this section shall provide an overview and introduction to Congress and the Federal legislative process, including—
the history and structure of Congress and the committee systems of the House of Representatives and the Senate, including the functions and responsibilities of the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate;
the documents produced by Congress, including bills, resolutions, committee reports, and conference reports, and the purposes and functions of such documents;
the legislative processes and rules of the House of Representatives and the Senate, including similarities and differences between the 2 processes and 2 sets of rules, including—
(i) the congressional budget process;
(ii) the congressional authorization and appropriation processes;
(iii) the Senate advice and consent process for Presidential nominees; and
(iv) the Senate advice and consent process for treaty ratification;
the roles of Members of Congress and congressional staff in the legislative process; and
the concept and underlying purposes of congressional oversight within the governance framework of separation of powers.
(3) Lecturers and panelists
(A) Outside experts
The Commandant shall ensure that not less than 60 percent of the lecturers, panelists, and other individuals providing education and instruction as part of the training course required under this section are experts on Congress and the Federal legislative process who are not employed by the executive branch of the Federal Government.
(B) Authority to accept pro bono services
In satisfying the requirement under paragraph (1), the Commandant shall seek, and may accept, educational and instructional services of lecturers, panelists, and other individuals and organizations provided to the Coast Guard on a pro bono basis.
(4) Effect of law
(A) In general
The training required by this section shall replace the substantially similar training that was required by the Commandant on the day before the date of enactment of the .
Section 317 of title 14, United States Code, as so redesignated, is amended—
in subsection (b)—
in paragraph (1) by striking The Secretaryand inserting Except as provided in paragraph (2), the Secretary; and
in paragraph (2) by striking on the engineering and design of a Museum.and inserting on—
the design of the Museum; and
engineering, construction administration, and quality assurance services for the Museum.
(2)
for the purpose of conducting Coast Guard operations, lease from the Association—
(i) the Museum; and
(ii) any property owned by the Association that is adjacent to the railroad tracks that are adjacent to the property on which the Museum is located; and
in subsection (e), by amending paragraph (2)(A) to read as follows:
(g) Services
With respect to the services related to the construction, maintenance, and operation of the Museum, the Commandant may, from nonprofits entities including the Association,—
solicit and accept services; and
enter into contracts or memoranda of agreement to acquire such services.
Section 504 of title 14, United States Code, is amended—
Enhanced use property pilot program
in subsection (a)(13) by striking five yearsand inserting 30 years; and
by adding at the end the following:
(g) Additional provisions
Additional provisions
(1) In general
Amounts received under subsection (a)(13) shall be—
In general
in addition to amounts otherwise available for the activities described in subsection (a)(13) for any fiscal year; and
available, without further appropriation, until expended.
(2) Consideration
Consideration
(A) In general
Except as provided in subparagraph (B), a person or entity entering into a contractual agreement under this section shall provide consideration for the contractual agreement at fair market value, as determined by the Commandant.
In general
(B) Exception
In the case of a contractual agreement under this section between the Coast Guard and any other Federal department or agency, the Federal department or agency concerned shall provide consideration for the contractual agreement that is equal to the full cost borne by the Coast Guard in connection with completing such contractual agreement.
Exception
(C) Forms
Consideration under this subsection may take any of the following forms:
Forms
(i) The payment of cash.
(ii) The maintenance, construction, modification, or improvement of existing or new facilities on real property under the jurisdiction of the Commandant.
(iii) The use by the Coast Guard of facilities on the property concerned.
(iv) The provision of services, including parking, telecommunications, and environmental remediation and restoration of real property under the jurisdiction of the Commandant.
(v) Any other consideration the Commandant considers appropriate.
(vi) A combination of any forms described in this subparagraph.
(3) Sunset
The authority under paragraph (13) of subsection (a) shall expire on December 31, 2029. The expiration under this paragraph of authority under paragraph (13) of subsection (a) shall not affect the validity or term of contractual agreements under such paragraph or the retention by the Commandant of proceeds from such agreements entered into under such subsection before the expiration of the authority.
Section 11269 of the Don Young Coast Guard Authorization Act of 2022 () is— Public Law 117–263
In general
transferred to appear at the end of subchapter II of of title 14, United States Code; chapter 5
redesignated as section 529; and
amended—
by striking the section enumerator and heading and inserting the following:
Public availability of information
by striking and inserting the following:
(a) In general
Not later than
In general
by striking the number of migrantand inserting the number of drug and person; and
by adding at the end the following:
(b) Contents
In making information about interdictions publicly available under subsection (a), the Commandant shall include a description of the following:
Contents
The number of incidents in which drugs were interdicted, the amount and type of drugs interdicted, and the Coast Guard sectors and geographic areas of responsibility in which such incidents occurred.
The number of incidents in which persons were interdicted, the number of persons interdicted, the number of those persons who were unaccompanied minors, and the Coast Guard sectors and geographic areas of responsibility in which such incidents occurred.
(c) Rule of construction
Nothing in this provision shall be construed to require the Coast Guard to collect the information described in subsection (b), and nothing in this provision shall be construed to require the Commandant to publicly release confidential, classified, law enforcement sensitive, or otherwise protected information.
Rule of construction
(b) Clerical amendments
Clerical amendments
(1) Title 14
The analysis for of title 14, United States Code, is amended by inserting after the item relating to the following: chapter 5; section 528
Public availability of information on monthly drug and migrant interdictions.
(2) James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
The table of contents for the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 () is amended by striking the item relating to section 11269. Public Law 117–263
(3) Don Young Coast Guard Authorization Act of 2022
Uniform funding and management system for morale, well-being, and recreation programs and Coast Guard Exchange
(a) In general
Subchapter IV of of title 14, United States Code, is amended by adding at the end the following: chapter 5
In general
Uniform funding and management of morale, well-being, and recreation programs and Coast Guard Exchange
(a) Authority for uniform funding and management
Under policies issued by the Commandant, funds appropriated to the Coast Guard and available for morale, well-being, and recreation programs and the Coast Guard Exchange may be treated as nonappropriated funds and expended in accordance with laws applicable to the expenditure of nonappropriated funds. When made available for morale, well-being, and recreation programs and the Coast Guard Exchange under such policies, appropriated funds shall be considered to be nonappropriated funds for all purposes and shall remain available until expended.
Authority for uniform funding and management
(b) Conditions on availability
Funds appropriated to the Coast Guard and subject to a policy described in subsection (a) shall only be available in amounts that are determined by the Commandant to be consistent with—
Conditions on availability
Coast Guard policy; and
Coast Guard readiness and resources.
(c) Updated policy
Not later than 90 days after the date of enactment of the , the Commandant shall update the policies described in subsection (a) consistent with this section.
Updated policy
(d) Briefing
Not later than 30 days after the date on which the Commandant issues the updated policies required under subsection (c), the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on such policies.
Briefing
(b) Clerical amendment
The analysis for of title 14, United States Code, is amended by adding at the end the following: chapter 5
of title 14, United States Code, is amended by adding at the end the following: Chapter 7
In general
Cooperation with eligible entities
(a) Definitions
In this section:
Definitions
(1) Coast Guard installation
The term Coast Guard installation means a base, unit, station, yard, other property under the jurisdiction of the Commandant or, in the case of property in a foreign country, under the operational control of the Coast Guard, without regard to the duration of operational control.
Coast Guard installation
(2) Cultural resource
The term cultural resource means any of the following:
Cultural resource
A building, structure, site, district, or object eligible for or included in the National Register of Historic Places maintained under section 302101 of title 54.
Cultural items, as that term is defined in section 2(3) of the Native American Graves Protection and Repatriation Act (). 25 U.S.C. 3001(3)
An archaeological resource, as that term is defined in section 3(1) of the Archaeological Resources Protection Act of 1979 ()). 16 U.S.C. 470bb(1)
An archaeological artifact collection and associated records covered by part 79 of title 36, Code of Federal Regulations.
A sacred site, as that term is defined in section 1(b) of Executive Order No. 13007 ( note; relating to Indian sacred sites). 42 U.S.C. 1996
Treaty or trust resources of an Indian Tribe, including the habitat associated with such resources.
Subsistence resources of an Indian Tribe or a Native Hawaiian organization including the habitat associated with such resources.
(3) Eligible entity
The term eligible entity means any the following:
Eligible entity
A State, or a political subdivision of a State.
A local government.
An Indian Tribe.
A Native Hawaiian organization.
A Tribal organization.
A Federal department or agency.
(4) Indian Tribe
The term Indian Tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (). 25 U.S.C. 5304
Indian Tribe
(5) Native Hawaiian organization
The term Native Hawaiian organization has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 () except the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs. 20 U.S.C. 7517
of title 14, United States Code, is further amended by inserting after section 722 (as added by this Act) the following: Chapter 7
(a) In general
The Secretary, acting through the Commandant, may coordinate with a foreign entity to provide cyber prevention and response assistance related to the marine transportation systems and assets located outside the United States that have a nexus to the United States Marine Transportation System or illegal, unreported, and unregulated fishing.
(b) Types of support
The Commandant may conduct cyber assessments, audits, inspections, operations, or other activities as provided under subsection (a).
(c) Coordination
The Secretary may provide support under subsections (a) and (b) after coordination with the Secretary of State.
(d) Reimbursement authority
The Secretary may require reimbursement from a foreign entity for costs incurred by the Coast Guard for assistance provided under subsection (a).
(e) Definition
In this section, the term includes foreign governments and intergovernmental organizations the Secretary considers appropriate. foreign entity
Preparedness plans for Coast Guard properties located in tsunami inundation zones
(a) In general
Not later than 1 year after the date of enactment of this Act, the Commandant, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and the heads of other appropriate Federal agencies, shall develop a location-specific tsunami preparedness plan for each property concerned.
In general
(b) Requirements
In developing each preparedness plan under subsection (a), the Commandant shall ensure that the plan—
Requirements
minimizes the loss of human life;
maximizes the ability of the Coast Guard to meet the mission of the Coast Guard;
is included in the emergency action plan for each Coast Guard unit or sector located within the applicable tsunami inundation zone;
designates an evacuation route to an assembly area located outside the tsunami inundation zone;
takes into consideration near-shore and distant tsunami inundation of the property concerned;
includes—
maps of all applicable tsunami inundation zones;
evacuation routes and instructions for all individuals located on the property concerned;
procedures to begin evacuations as expeditiously as possible upon detection of a seismic or other tsunamigenic event;
evacuation plans for Coast Guard aviation and afloat assets; and
(E)
(i) routes for evacuation on foot from any location within the property concerned; or
(ii) if an on-foot evacuation is not possible, an assessment of whether there is a need for vertical evacuation refuges that would allow evacuation on foot;
in the case of a property concerned that is at risk for a near-shore tsunami, is able to be completely executed within 15 minutes of detection of a seismic event, or if complete execution is not possible within 15 minutes, within a timeframe the Commandant considers reasonable to minimize the loss of life; and
not less frequently than annually, is—
exercised by each Coast Guard unit and sector located in the applicable tsunami inundation zone;
communicated through an annual in-person training to Coast Guard personnel and dependents located or living on the property concerned; and
evaluated by the relevant District Commander for each Coast Guard unit and sector located within the applicable tsunami inundation zone.
(c) Consultation
In developing each preparedness plan under subsection (a), the Commandant shall consult relevant State, Tribal, and local government entities, including emergency management officials.
Consultation
(d) Briefing
Not later than 14 months after the date of enactment of this Act, the Commandant shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on each plan developed under subsection (a), including the status of implementation and feasibility of each such plan.
Section 11221 of the Don Young Coast Guard Authorization Act of 2022 () is amended by adding at the end the following: Public Law 117–263
Additional Pribilof Island transition completion actions
(e) Additional reports on status of use of facilities and helicopter basing
Beginning with the first quarterly report required under subsection (a) submitted after the date of enactment of the , the Secretary shall include in each such report—
Additional reports on status of use of facilities and helicopter basing
the status of the use of recently renovated Coast Guard housing facilities, food preparation facilities, and maintenance and repair facilities on St. Paul Island, Alaska, including a projected date for full use and occupancy of such facilities in support of Coast Guard missions in the Bering Sea; and
a detailed plan for the acquisition and construction of a hangar in close proximity to existing St. Paul airport facilities for the prosecution of Coast Guard operational missions, including plans for the use of land needed for such hangar.
Section 11223 of Don Young Coast Guard Authorization Act of 2022 ( note) is amended— 14 U.S.C. 561
in subsection (d)—
in paragraph (2)—
(i) in the matter preceding subparagraph (A) by striking ;
(ii) in subparagraph (A)—
by inserting before ; and
by striking the science partyand inserting costs described in paragraph (3); and
(4) Memoranda of agreement
(A) In general
The Commandant—
(i) shall enter into a memorandum of agreement with the Under Secretary to allow the Under Secretary to use any vessel acquired under this section to conduct research, and facilitate science activities, data collection, and other procedures necessary to carry out the purposes described in subsection (c); and
(ii) may enter into a memorandum of agreement with any other Federal, State, local government entity, institution of higher education, or research institution to use any vessel acquired under this section to conduct research to facilitate science activities, data collection, and other procedures necessary to allow such an entity or institution to carry out the purposes described in subsection (c).
(B) Prohibition
The Commandant may not charge the Under Secretary or any other entity with whom the Commandant enters into a memorandum of agreement under subparagraph (A) any fee related to use or operation of any vessel acquired under this section.
(C) Restriction
The Commandant may only allow the use of any vessel acquired under this section under any memorandum of agreement entered into under this paragraph if such use is not inconsistent with the missions of the Coast Guard.
by amending paragraph (4) to read as follows:
in subsection (j) by striking through (c)and inserting and (b).
(a) Inclusion of Coast Guard as Department of the Treasury law enforcement organization
Section 9705 of title 31, United States Code, is amended—
in subsection (a), in the matter preceding paragraph (1) by striking the Department of the Treasury or the United States Coast Guardand inserting a Department of the Treasury law enforcement organization;
in subsection (a)(2)(B)—
in clause (iv) by striking and at the end;
in clause (v) by inserting after the semicolon; and
(vi) the United States Coast Guard with respect to any law of the United States which the Coast Guard is authorized to enforce, assist in the enforcement of, or administer pursuant to section 102, 522, or 525 of title 14;
by adding at the end the following:
in subsection (a)(2)(H) by striking the Department of the Treasuryand inserting a Department of the Treasury law enforcement organization;
in subsection (d)(2) by striking each place it appears;
in subsection (f)(1)(A)(ii) by striking ;
in subsection (h)(1) by striking the Department of the Treasuryand inserting a Department of the Treasury law enforcement organization;
in subsection (j)(1) by striking the Department of the Treasury or the United States Coast Guardand inserting a Department of the Treasury law enforcement organization;
in subsection (l) by striking the Department of the Treasuryand inserting a Department of the Treasury law enforcement organization; and
in subsection (o)(1) by inserting before .
(b) Elimination of separate funds for the coast guard
Section 9705 of title 31, United States Code, is amended—
by striking subsection (c);
in subsection (g)(2) by striking ;
by redesignating subsections (d) through (o) as subsections (c) through (n), respectively;
by striking each place it appears and inserting subsection (c);
by striking each place it appears and inserting subsection (d); and
by striking each place it appears and inserting subsection (g).
(c) Technical corrections
Section 9705 of title 31, United States Code, is amended—
in subsection (f)(3)(C), as so redesignated, by striking section 4(B) of 9703(g)and inserting paragraph (4)(B);
in subsection (f)(4)(B), as so redesignated, by striking ;
in subsection (g)(2), as so redesignated, by striking seizure of forfeitureand inserting ; and
Section 1105 of title 14, United States Code, is amended by adding at the end the following:
Modification of prohibition on use of lead systems integrators
(c) Lead systems integrator defined
In this section, the term lead systems integrator has the meaning given such term in section 805(c) of the National Defense Authorization Act for Fiscal Year 2006 (). Public Law 109–163
Subchapter II of of title 14, United States Code, is amended by adding at the end the following: chapter 11
(a) In general
Requirements for a Level 1 or Level 2 acquisition project or program under sections 1131 through 1134 shall not apply to an acquisition by the Coast Guard that is a service life extension program.
(b) Service life extension program defined
In this section, the term service life extension program means a capital investment that is solely intended to extend the service life and address obsolescence of components or systems of a particular capability or asset.
In carrying out the acquisition and procurement of vessels and aircraft, the Secretary of the department in which the Coast Guard is operating, acting through the Commandant, shall consider the life-cycle cost estimates of vessels and aircraft, as applicable, during the design and evaluation processes to the maximum extent practicable.
(a) In general
In carrying out a Level 1 or Level 2 acquisition project or program under this subchapter, the Commandant shall publicly announce all construction, design, and engineering requirements and negotiate contracts for construction, design, and engineering services on the basis of demonstrated competence and qualification for the type of professional services required and at fair and reasonable prices.
(b) Selection procedure
The following procedures shall apply to the procurement of Level 1 or Level 2 acquisition project or program under this subchapter:
(1) Statements of qualification and performance
The Commandant shall require prospective contractors to submit a statement of qualifications and performance data.
(2) Evaluation
For each proposed project, the Commandant shall—
evaluate statements of qualifications and performance submitted by firms regarding the proposed project; and
conduct discussions with at least 3 firms to consider anticipated concepts and compare alternative methods for furnishing services.
(3) Selection
From the firms with which discussions have been conducted under paragraph (2)(B), the Commandant shall select, in order of preference, at least 3 firms that the Commandant considers most highly qualified to provide the services required, based on criteria established and published by the Commandant.
(c) Negotiation of contract
(1) In general
The Commandant shall negotiate a contract for construction, design, and engineering services under this section at compensation which the Commandant determines is fair and reasonable to the Federal Government.
Section 1151 of title 14, United States Code, is amended to read as follows:
(a) In general
Except as provided in subsection (b), the Commandant may not lease, charter, or otherwise procure a vessel which contains a major component of the hull or superstructure constructed in a foreign shipyard.
(b) Exceptions
(1) In general
The President may authorize exceptions to the prohibition in subsection (a) when the President determines that it is in the national security interest of the United States to address an immediate adverse effect on Coast Guard missions.
(2) Timing
An exception made by the President under paragraph (1) shall not take effect until the President submits to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a written explanation of the circumstances requiring such an exception in the national security interest, including—
a confirmation that there are insufficient qualified shipyards to meet the national security interest without such an exception; and
actions taken by the President to enable qualified United States shipyards to meet national security requirements prior to the issuance of such an exception
(b) Clerical amendment
The analysis for of title 14, United States Code, is amended by striking the item relating to section 1151 and inserting the following: chapter 11
Floating drydock for United States Coast Guard Yard
(a) In general
Subchapter III of of title 14, United States Code, is amended by adding at the end the following: chapter 11
In general
Floating drydock for United States Coast Guard Yard
(a) In general
Except as provided in subsection (b), the Commandant may not acquire, procure, or construct a floating dry dock for the Coast Guard Yard.
In general
(b) Permissible acquisition, procurement, or construction methods
Notwithstanding subsection (a) of this section and section 1105(a), the Commandant may—
Permissible acquisition, procurement, or construction methods
provide for an entity other than the Coast Guard to contract for the acquisition, procurement, or construction of a floating drydock by contract, lease, purchase, or other agreement;
construct a floating drydock at the Coast Guard Yard; or
acquire or procure a commercially available floating drydock.
(c) Exemptions from requirements
Sections 1131, 1132, 1133, and 1171 shall not apply to an acquisition or procurement under subsection (b).
Exemptions from requirements
(d) Design standards and construction practices
To the extent practicable, a floating drydock acquired, procured, or constructed under this section shall reflect commercial design standards and commercial construction practices that are consistent with the best interests of the Federal Government.
Design standards and construction practices
(e) Berthing requirement
Any floating drydock acquired, procured, or constructed under subsection (b) shall be berthed at the Coast Guard Yard in Baltimore, Maryland, when lifting or maintaining vessels.
Berthing requirement
(f) Floating dry dock defined
In this section, the term floating dry dock means equipment that is—
Floating dry dock defined
constructed in the United States; and
capable of meeting the lifting and maintenance requirements of an Offshore Patrol Cutter or a National Security Cutter.
(b) Clerical amendment
The analysis for of title 14, United States Code, is amended by inserting after the item relating to the following: chapter 11; section 1158
Not later than 90 days after the date of enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a strategy detailing how the Coast Guard will complete design and construction of a Great Lakes icebreaker at least as capable as the Coast Guard cutter (WLBB–30) as expeditiously as possible after funding is provided for such icebreaker, including providing a cost estimate and an estimated delivery timeline that would facilitate the expedited delivery detailed in the strategy.
Strategy
(2) Report on bay class icebreaking tug fleet replacement
Not later than 1 year after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—
a report that describes the strategy of the Coast Guard with respect to the replacement of the Bay class icebreaking tug fleet;
in the case of such a strategy that results in the replacement of the last Bay class icebreaking tug on a date that is more than 15 years after such date of enactment, a plan to maintain the operational capabilities of the Bay class icebreaking tug fleet until the date on which such fleet is projected to be replaced; and
in the case of such a plan that does not include the replacement of the main propulsion engines and marine gear components of the Bay class icebreaking tug fleet, an assessment of the manner in which not replacing such engines and gear components will effect the future operational availability of such fleet.
(b) Great Lakes icebreaker pilot program
Section 11212(a) of the Don Young Coast Guard Authorization Act of 2022 () is amended by adding at the end the following: Public Law 117–263
Great Lakes icebreaker pilot program
(4) Pilot program
(A) In general
During the 5 ice seasons beginning after the date of enactment of this Act, the Commandant shall conduct a pilot program to determine the extent to which the Coast Guard Great Lakes icebreaking cutter fleet is capable of maintaining tier one and tier two waterways open 95 percent of the time during an ice season.
(B) Report
Not later than 180 days after the end of each of the 5 ice seasons beginning after the date of enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that details—
Notwithstanding section 1105(a) of title 14, United States Code, the Commandant may provide for an entity other than the Coast Guard to contract for the acquisition, procurement, or construction of—
the Arctic Security Cutters for which funds were appropriated under section 40001 of ; and Public Law 119–21
all other vessels for which funds were appropriated under section 40001 of . Public Law 119–21
Section 2512 of title 14, United States Code, is amended—
In general
in the section heading by striking and inserting ;
in subsection (a)—
by striking , United States Code,and inserting or, with respect to the reserve component of the Coast Guard, the Secretary of Defense promulgates a new regulation for members of the reserve component of the Coast Guard pursuant to section 711 of title 10,;
by striking or adoption of a childand inserting or placement of a minor child with the member for adoption or long term foster care;
by striking and enlisted membersand inserting , enlisted members, and members of the reserve component; and
by inserting after ;
in subsection (b)—
in the subsection heading by striking and inserting ;
by striking and 704and inserting , 704, and 711;
by striking and enlisted membersand inserting , enlisted members, and members of the reserve component;
by striking inserting the birth, adoption, or long term foster care;
by striking ;
by striking such birth or adoptionand inserting such birth, placement of a minor child with the member for long-term foster care, or adoption,; and
by striking enlisted memberand inserting , enlisted member, or member of the reserve component; and
by adding at the end the following:
(c) Period of leave
Period of leave
(1) In general
The Secretary of the department in which the Coast Guard is operating, may authorize leave described under subparagraph (b) to be taken after the one-year period described in subparagraph (b) in the case of a member described in subsection (b) who, except for this subparagraph, would lose unused family leave at the end of the one-year period described in subparagraph (A) as a result of—
In general
operational requirements;
professional military education obligations; or
other circumstances that the Secretary determines reasonable and appropriate.
(2) Extended deadline
The regulation, rule, policy, or memorandum prescribed under paragraph (a) shall require that any leave authorized to be taken after the one-year period described in subparagraph (c)(1)(A) shall be taken within a reasonable period of time, as determined by the Secretary of the department in which the Coast Guard is operating, after cessation of the circumstances warranting the extended deadline.
Section 2514 of title 14, United States Code, is amended—
Modifications to career flexibility program
in subsection (c)(3) by striking 2 monthsand inserting 30 days; and
in subsection (h)—
in paragraph (1) by striking and at the end;
in paragraph (2) by striking the period and inserting a semicolon; and
by adding at the end the following:
the entitlement of the member and of the survivors of the member to all death benefits under subchapter II of of title 10; chapter 75
the provision of all travel and transportation allowances to family members of a deceased member to attend the repatriation, burial, or memorial ceremony of a deceased member as provided in section 453(f) of title 37;
the eligibility of the member for general benefits as provided in part II of title 38; and
in the case of a victim of an alleged sex-related offense (as such term is defined in section 1044e(h) of title 10) to the maximum extent practicable, maintaining access to—
Coast Guard behavioral health resources;
sexual assault prevention and response resources and programs of the Coast Guard; and
Coast Guard legal resources, including, to the extent practicable, special victims’ counsel.
Subchapter I of of title 14, United States Code, is amended by adding at the end the following: chapter 25
In general
Direct hire authority for certain personnel
(a) In general
The Commandant may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328 of such chapter) of title 5, qualified candidates to any of the following positions in the competitive service (as defined in section 2102 of title 5) in the Coast Guard:
In general
Any category of medical or health professional positions within the Coast Guard.
Any childcare services position.
Any position in the Coast Guard housing office of a Coast Guard installation, the primary function of which is supervision of Coast Guard housing covered by subchapter III of chapter 29 of this title.
Any nonclinical specialist position the purpose of which is the integrated primary prevention of harmful behavior, including suicide, sexual assault, harassment, domestic abuse, and child abuse.
Any special agent position of the Coast Guard Investigative Service.
The following positions at the Coast Guard Academy:
Any civilian faculty member appointed under section 1941.
A position involving the improvement of cadet health or well-being.
(b) Noncompetitive appointment
The Secretary may, without regard to the appointment requirements of title 5, noncompetitively appoint a highly qualified candidate to a faculty position in the excepted service.
(c) Limitation
The Commandant shall only appoint qualified candidates under the authority provided by subsections (a) and (b) if the Commandant determines that there is a shortage of qualified candidates for the positions described in such subsection or a critical hiring need for such positions.
Limitation
(d) Briefing requirement
Not later than 1 year after the date of enactment of the , and annually thereafter for the following 5 years, the Commandant shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written briefing which describes the use of the authority provided under this section on an annual basis, including the following:
Briefing requirement
The number of employees hired under the authority provided under this section within the year for which the briefing is provided.
The positions and grades for which employees were hired.
A justification for the Commandant’s determination that such positions involved a shortage of qualified candidates or a critical hiring need.
of title 14, United States Code, is further amended by inserting after section 2517 (as added by this Act) the following: Chapter 25
On request by a member of the Coast Guard assigned to Unalaska, Alaska, the Commandant shall grant command sponsorship to the dependents of such member.
(b) Clerical amendment
The analysis for of title 14, United States Code, is further amended by inserting after the item relating to section 2517 the following: chapter 25
Section 2708 of title 14, United States Code, is amended by adding at the end the following:
Authorization for maternity uniform allowance for officers
The Coast Guard may provide a cash allowance, in such amount as the Secretary shall determine by policy, to be paid to pregnant officer personnel for the purchase of maternity-related uniform items, if such uniform items are not so furnished to the member by the Coast Guard.
Consolidation of authorities for college student precommissioning initiative
(a) In general
Section 3710 of title 14, United States Code, is amended to read as follows:
In general
College student precommissioning initiative
(a) In general
There is authorized within the Coast Guard a college student precommissioning initiative program (in this section referred to as the ) for eligible undergraduate students to enlist in the Coast Guard Reserve and receive a commission as a Reserve officer. Program
In general
(b) Criteria for selection
To be eligible for the Program an applicant shall meet the following requirements upon submitting an application:
Criteria for selection
(1) Age
The applicant shall be not less than 19 years old and not more than 31 years old as of September 30 of the fiscal year in which the Program selection panel selecting such applicant convenes, or an age otherwise determined by the Commandant.
Age
(2) Character
Character
(A) In general
The applicant shall be of outstanding moral character and meet any other character requirement set forth by the Commandant.
In general
(B) Coast Guard applicants
Any applicant serving in the Coast Guard may not be commissioned if in the 36 months prior to the first Officer Candidate School class convening date in the selection cycle, such applicant was convicted by a court-martial or assigned nonjudicial punishment, or did not meet performance or character requirements set forth by the Commandant.
Coast Guard applicants
(3) Citizenship
The applicant shall be a United States citizen.
Citizenship
(4) Clearance
The applicant shall be eligible for a secret clearance.
Clearance
(5) Education
The applicant shall be enrolled in a college degree program at—
Education
an institution of higher education described in section 371(a) of the Higher Education Act of 1965 (); 20 U.S.C. 1067q(a)
an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ()) that, at the time of the application has had for 3 consecutive years an enrollment of undergraduate full-time equivalent students (as defined in section 312(e) of such Act ()) that is a total of at least 50 percent Black American, Hispanic American, Asian American (as defined in section 371(c) of such Act ()), Native American Pacific Islander (as defined in such section), or Native American (as defined in such section), among other criteria, as determined by the Commandant; or 20 U.S.C. 1001; 20 U.S.C. 1058(e); 20 U.S.C. 1067q(c)
Subchapter III of of title 14, United States Code, is amended by adding at the end the following: chapter 29
In general
Authorization for acquisition of existing family housing in lieu of construction
(a) In general
In lieu of constructing any family housing units authorized by law to be constructed and subject to the availability of appropriations, the Commandant may acquire sole interest in existing family housing units that are privately owned or that are held by the Department of Housing and Urban Development, except that in foreign countries the Commandant may acquire less than sole interest in existing family housing units.
In general
(b) Acquisition of interests in land
When authority provided by law to construct Coast Guard family housing units is used to acquire existing family housing units under subsection (a), the authority includes authority to acquire interests in land.
Acquisition of interests in land
(c) Limitation on net floor area
The net floor area of a family housing unit acquired under the authority of this section may not exceed the applicable limitation specified in section 2826 of title 10. The Commandant may waive the limitation set forth in the preceding sentence for family housing units acquired under this section during the five-year period beginning on the date of the enactment of this section.
Limitation on net floor area
Acceptance of funds to cover administrative expenses relating to certain real property transactions
(a) Authority to accept
In connection with a real property transaction referred to in subsection (b) with a non-Federal person or entity, the Commandant may accept amounts provided by the person or entity to cover administrative expenses incurred by the Commandant in entering into the transaction.
Authority to accept
(b) Covered transactions
Subsection (a) applies to the following transactions involving real property under the control of the Commandant:
Covered transactions
The exchange of real property.
The grant of an easement over, in, or upon real property of the United States.
The lease or license of real property of the United States.
The disposal of real property of the United States for which the Commandant will be the disposal agent.
The conveyance of real property under section 2945.
(b) Clerical amendment
The analysis for of title 14, United States Code, is amended by adding at the end the following: chapter 29
(a) Coast Guard embedded behavioral health technician program
(1) Establishment
Establishment
(A) In general
Not later than 270 days after the date of enactment of this Act, the Commandant, in coordination with the Assistant Commandant for Health, Safety, and Work Life, shall establish and conduct a pilot program, to be known as the (referred to in this section as the ), to integrate behavioral health technicians serving at Coast Guard units for the purposes of— Coast Guard Embedded Behavioral Health Technician ProgramPilot Program
In general
(i) facilitating, at the clinic level, the provision of integrated behavioral health care for members of the Coast Guard;
(ii) providing, as a force extender under the supervision of a licensed behavioral health care provider, at the clinic level—
psychological assessment and diagnostic services, as appropriate;
behavioral health services, as appropriate;
education and training related to promoting positive behavioral health and well-being; and
information and resources, including expedited referrals, to assist members of the Coast Guard in dealing with behavioral health concerns;
(iii) improving resilience and mental health care among members of the Coast Guard who respond to extraordinary calls of duty, with the ultimate goals of preventing crises and addressing mental health concerns before such concerns evolve into more complex issues that require care at a military treatment facility;
(iv) increasing—
the number of such members served by behavioral health technicians; and
the proportion of such members returning to duty after seeking behavioral health care; and
(v) positively impacting the Coast Guard in a cost-effective manner by extending behavioral health services to the workforce and improving access to care.
(B) Briefing
Not later than 120 days after the date of enactment of this Act, the Commandant shall provide the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with a briefing regarding a plan to establish and conduct the Pilot Program.
Briefing
(2) Selection of Coast Guard clinics
The Commandant shall select, for participation in the Pilot Program, 3 or more Coast Guard clinics that support units that have significantly high operational tempos or other force resiliency risks, as determined by the Commandant.
Travel allowance for members of Coast Guard assigned to Alaska
(a) Establishment
The Commandant shall implement a policy that provides for reimbursement to eligible members of the Coast Guard for the cost of airfare for such members to travel to a place within the United States or the territories of the United States at the request of such member during the period specified in subsection (g).
Establishment
(b) Eligible members
A member of the Coast Guard is eligible for a reimbursement under subsection (a) if—
Eligible members
the member is assigned to a duty location in Alaska; and
an officer in a grade above O–5 in the chain of command of the member authorizes the travel of the member.
(c) Treatment of time as leave
The time during which an eligible member is absent from duty for travel reimbursable under subsection (a) shall be treated as leave for purposes of section 704 of title 10, United States Code.
Treatment of time as leave
(d) Restriction
The Commandant shall not deny reimbursement for travel authorized under subsection (b)(2) to the respective member.
(e) Justification
If a member requests to travel to a place that is not the home of record, or state of legal residence, of such member, the approving official under subsection (b)(2) may require a justification of the request by such member and shall not unreasonably deny such request.
(f) Briefing required
Not later than February 1, 2027, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on—
Briefing required
the use and effectiveness of reimbursements under subsection (a);
the calculation and use of the cost of living allowance for a member assigned to a duty location in Alaska; and
the use of special pays and other allowances as incentives for cold weather proficiency or duty locations.
(g) Period specified
The period specified in this subsection is the period—
Period specified
beginning on the date of enactment of this Act; and
ending on the later of—
December 31, 2029; or
the date on which the authority under section 352 of title 37, United States Code, to grant assignment or special duty pay to members of the uniform services terminates under subsection (g) of such section.
Tuition Assistance and Advanced Education Assistance Pilot Program
(a) Establishment
Not later than 120 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating, acting through the Commandant, shall establish a tuition assistance pilot program for active-duty members of the Coast Guard, to be known as the (referred to in this section as the ). Tuition Assistance and Advanced Education Assistance Pilot Program for Sea Duty
Establishment
(b) Formal agreement
A member of the Coast Guard participating in the pilot program shall enter into a formal agreement with the Secretary of the department in which the Coast Guard is operating that provides that, upon the successful completion of a sea duty tour by such member, the Secretary of the department in which the Coast Guard is operating shall, for a period equal to the length of the sea duty tour, beginning on the date on which the sea duty tour concludes—
Formal agreement
reduce by 1 year the service obligation incurred by such member as a result of participation in the advanced education assistance program under section 2005 of title 10, United States Code, or the tuition assistance program under section 2007 of such title; and
increase the tuition assistance cost cap for such member to not more than double the amount of the standard tuition assistance cost cap set by the Commandant for the applicable fiscal year.
(c) Report
Not later than 1 year after the date on which the pilot program is established, and annually thereafter through the date on which the pilot program is terminated under subsection (d), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that—
Report
evaluates and compares—
the Coast Guard’s retention, recruitment, and filling of sea duty billets for all members of the Coast Guard; and
the Coast Guard’s retention, recruitment, and filling of sea duty billets for all members of the Coast Guard participating in the pilot program;
includes the number of participants in the pilot program as of the date of the report, disaggregated by officer and enlisted billet type; and
assesses the progress made by such participants in their respective voluntary education programs, in accordance with their degree plans, during the period described in subsection (b).
(d) Termination
The pilot program shall terminate on the date that is 6 years after the date on which the pilot program is established.
Recruitment, relocation, and retention incentive program for civilian firefighters employed by Coast Guard in remote locations
(a) Identification of remote locations
The Commandant shall identify locations to be considered remote locations for purposes of this section, which shall include, at a minimum, each Coast Guard fire station located in an area in which members of the Coast Guard and the dependents of such members are eligible for the TRICARE Prime Remote program.
Identification of remote locations
(b) Incentive program
Incentive program
(1) In general
To ensure uninterrupted operations by civilian firefighters employed by the Coast Guard in remote locations, the Commandant shall establish an incentive program for such firefighters consisting of—
In general
recruitment and relocation bonuses consistent with section 5753 of title 5, United States Code; and
retention bonuses consistent with section 5754 of title 5, United States Code.
(2) Eligibility criteria
The Commandant, in coordination with the Director of the Office of Personnel and Management, shall establish eligibility criteria for the incentive program established under paragraph (1), which shall include a requirement that a firefighter described in paragraph (1) may only be eligible for the incentive program under this section if, with respect to the applicable remote location, the Commandant has made a determination that incentives are appropriate to address an identified recruitment, retention, or relocation need.
Eligibility criteria
(c) Annual report
Not less frequently than annually for the 5-year period beginning on the date of enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that—
Annual report
details the use and effectiveness of the incentive program established under this section; and
includes—
the number of participants in the incentive program;
a description of the distribution of incentives under such program; and
a description of the impact of such program on civilian firefighter recruitment and retention by the Coast Guard in remote locations.
The Commandant shall provide to the appropriate committees of Congress notification as described in subsection (b)—
In general
not later than the date that is 10 days before the final day of each fiscal year; or
in the case of a continuing resolution that, for a period of more than 10 days, provides appropriated funds in lieu of an appropriations Act, not later than the date that is 10 days before the final day of the period that such continuing resolution covers.
(b) Elements
Notification under subsection (a) shall include—
Elements
the status of funding for the Coast Guard during the subsequent fiscal year or at the end of the continuing resolution if other appropriations measures are not enacted, as applicable;
the status of the Coast Guard as a component of the Armed Forces;
the number of members currently serving overseas and otherwise supporting missions related to title 10, United States Code;
the fact that members of the Armed Forces have service requirements unlike those of other Federal employees, which require them to continue to serve even if unpaid;
the impacts of historical shutdowns of the Federal Government on members of the Coast Guard; and
other relevant matters, as determined by the Commandant.
(c) Appropriate committees of Congress defined
In this section, the term appropriate committees of Congress means—
Appropriate committees of Congress defined
the Committee on Commerce, Science, and Transportation of the Senate;
the Committee on Armed Services of the Senate;
the Committee on Transportation and Infrastructure of the House of Representatives; and
the Committee on Armed Services of the House of Representatives.
Section 1903 of title 14, United States Code, is amended to read as follows:
Modification of Board of Visitors
Annual Board of Visitors
(a) In general
The Commandant shall establish a Board of Visitors to the Coast Guard Academy to review and make recommendations on the operation of the Academy.
In general
(b) Membership
Membership
(1) In general
The membership of the Board shall consist of the following:
In general
The chairperson of the Committee on Commerce, Science, and Transportation of the Senate, or a member of such Committee designated by such chairperson.
The chairperson of the Committee on Transportation and Infrastructure of the House of Representatives, or a member of such Committee designated by such chairperson.
3 Senators appointed by the Vice President.
4 Members of the House of Representatives appointed by the Speaker of the House of Representatives.
2 Senators appointed by the Vice President, each of whom shall be selected from among members of the Committee on Appropriations of the Senate.
2 Members of the House of Representatives appointed by the Speaker of the House of Representatives, each of whom shall be selected from among members of the Committee on Appropriations of the House of Representatives.
6 individuals designated by the President.
(2) Timing of appointments of members
Timing of appointments of members
If any member of the Board described in paragraph (1)(C) is not appointed by the date that is 180 days after the date on which the first session of each Congress convenes, the chair and ranking member of the subcommittee of the Committee on Commerce, Science, and Transportation of the Senate with jurisdiction over the authorization of appropriations of the Coast Guard shall be members of the Board until the date on which the second session of such Congress adjourns sine die.
If any member of the Board described in paragraph (1)(D) is not appointed by the date that is 180 days after the date on which the first session of each Congress convenes, the chair and ranking member of the subcommittee of the Committee on Transportation and Infrastructure of the House of Representatives with jurisdiction over the authorization of appropriations for the Coast Guard shall be members of the Board until the date on which the second session of such Congress adjourns sine die.
If any member of the Board described in paragraph (1)(E) is not appointed by the date that is 180 days after the date on which the first session of each Congress convenes, the chair and ranking member of the subcommittee of the Committee on Appropriations of the Senate with jurisdiction over appropriations for the Coast Guard shall be members of the Board until the date on which the second session of such Congress adjourns sine die.
Not later than 30 days after the date of enactment of this Act, the Commandant, in consultation with relevant stakeholders, shall conduct a study on the governance of the Coast Guard Academy, including examining the roles, responsibilities, authorities, advisory functions, and membership qualifications and expertise of the Annual Board of Visitors established under section 1903 of title 14, United States Code, and Board of Trustees established under the United States Coast Guard Academy Board of Trustees Charter.
(b) Contents
In conducting the study under subsection (a), the Commandant shall examine—
the authorities regarding Coast Guard and department in which the Coast Guard is operating oversight of the Coast Guard Academy, including considerations of how the Coast Guard and department may impact accreditation review at the Academy;
the roles and responsibilities of the Board of Trustees and Board of Visitors of such Academy;
the Coast Guard roles and responsibilities with respect to management and facilitation of the Board of Trustees and Board of Visitors of such Academy;
the advisory functions of the Board of Trustees and Board of Visitors of such Academy; and
the membership of the Board of Trustees and Board of Visitors for the 10-year period preceding the date of enactment of this Act, to include expertise, objectiveness, and effectiveness in conducting oversight of such Academy.
(c) Report
Not later than 1 year after the date of enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that contains—
the results of the study required under subsection (a); and
recommendations to improve governance at the Coast Guard Academy.
Electronic locking mechanisms to ensure Coast Guard Academy cadet room security
(a) In general
Not later than 2 years after the date of enactment of this Act, the Commandant, in consultation with the Superintendent of the Coast Guard Academy (referred to in this section as the ), shall—
In general
install an electronic locking mechanism for each room at the Coast Guard Academy within which 1 or more Coast Guard Academy cadets reside overnight;
test each such mechanism not less than once every 6 months for proper function and maintained in proper working order; and
use a system that electronically records the date, time, and identity of each individual who accesses a cadet room using an electronic access token, code, card, or other electronic means, which shall be maintained in accordance with the general schedule for records retention, or a period of five years, whichever is later.
(b) Electronic locking mechanisms
Electronic locking mechanisms
(1) In general
Each electronic locking mechanism described in subsection (a) shall be coded in a manner that provides access to a room described in such subsection only to—
In general
the 1 or more cadets assigned to the room; and
such Coast Guard Academy officers, administrators, staff, or security personnel, including personnel of the Coast Guard Investigative Service, as are necessary to access the room in the event of an emergency.
(2) Existing mechanisms
Not later than 30 days after the date of enactment of this Act, the Superintendent shall ensure that electronic locking mechanisms installed in academic buildings of the Coast Guard Academy, Chase Hall common spaces, and in any other location at the Coast Guard Academy are maintained in proper working order.
Existing mechanisms
(c) Access policy instruction
Not later than 1 year after the date of enactment of this Act, the Superintendent shall promulgate a policy regarding cadet room security policies and procedures, which shall include, at a minimum—
Access policy instruction
a prohibition on sharing with any other cadet, employee, or other individual electronic access tokens, codes, cards, or other electronic means of accessing a cadet room;
procedures for resetting electronic locking mechanisms in the event of a lost, stolen, or otherwise compromised electronic access token, code, card, or other electronic means of accessing a cadet room;
procedures to maintain the identity of each individual who accesses a cadet room using an electronic access token, code, card, or other electronic means, while ensuring the security of personally identifiable information and protecting the privacy of any such individual, as appropriate;
Report on existing behavioral health and wellness support services facilities at Coast Guard Academy
(a) In general
Not later than 120 days after the date of enactment of this Act, the Commandant, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on existing behavioral health and wellness support services facilities at the Coast Guard Academy in which Coast Guard Academy cadets and officer candidates, respectively, may receive timely and independent behavioral health and wellness support services, including via telemedicine.
In general
(b) Elements
The report required under paragraph (1) shall include—
Elements
an identification of each building at the Coast Guard Academy that contains a dormitory or other overnight accommodations for cadets or officer candidates; and
(2)
an identification of additional behavioral health or wellness support services that would be beneficial to cadets and officer candidates, such as additional facilities with secure access to telemedicine;
a description of the benefits that such services would provide to cadets and officer candidates, particularly to cadets and officer candidates who have experienced sexual assault or sexual harassment; and
a description of the resources necessary to provide such services.
The Commandant shall ensure that, in each building at the Coast Guard Academy that contains a dormitory or other overnight accommodations for cadets or officer candidates, written information is posted in a visible location with respect to—
Required posting of information
the methods and means by which a cadet or officer candidate may report a crime, including harassment, sexual assault, sexual harassment, and any other offense;
the contact information for the Coast Guard Investigative Service;
external resources for—
wellness support;
work-life;
medical services; and
support relating to behavioral health, civil rights, sexual assault, and sexual harassment; and
cadet and officer candidate rights with respect to reporting incidents to the Coast Guard Investigative Service, civilian authorities, the Office of the Inspector General of the department in which the Coast Guard is operating, and any other applicable entity.
Not later than 2 years after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall install or construct at the Coast Guard Academy not fewer than 2 rooms to be used for the purpose of providing privacy to cadets and officer candidates seeking medical or other health-related services.
(b) Standards of rooms
Each room installed or constructed under this section shall—
be equipped—
in a manner that ensures the protection of the privacy of cadets and officer candidates, consistent with law and policy;
with a telephone and computer to allow for the provision of telehealth appointments or other services both virtual and in person; and
with an accessible and private wireless internet connection for the use of personal communications devices at the discretion of the cadet or officer candidate concerned; and
to the extent practicable and consistent with good order and discipline, be accessible to cadets and officer candidates at all times; and
contain the written information described in section 265, which shall be posted in a visible location.
Section 1902 of title 14, United States Code, is amended by adding at the end the following:
Coast Guard Academy room reassignment
(f) Room reassignment
Coast Guard Academy cadets may request room reassignment if experiencing discomfort due to Coast Guard Academy rooming assignments, consistent with policy.
Authorization for use of Coast Guard Academy facilities and equipment by covered foundations
(a) In general
Subchapter I of of title 14, United States Code, is amended by adding at the end the following: chapter 19
In general
Authorization for use of Coast Guard Academy facilities and equipment by covered foundations
(a) Authority
Subject to subsections (b) and (c), the Secretary, with the concurrence of the Superintendent of the Coast Guard Academy, may authorize a covered foundation to use, on a reimbursable or nonreimbursable basis as determined by the Secretary, facilities or equipment of the Coast Guard Academy.
Authority
(b) Prohibition
The Secretary may not authorize any use of facilities or equipment under subsection (a) if such use may jeopardize the health, safety, or well-being of any member of the Coast Guard or cadet of the Coast Guard Academy.
Prohibition
(c) Limitations
The Secretary may only authorize the use of facilities or equipment under subsection (a) if such use—
Limitations
is without any liability of the United States to the covered foundation;
does not—
affect the ability of any official or employee of the Coast Guard, or any member of the armed forces, to carry out any responsibility or duty in a fair and objective manner;
compromise the integrity or appearance of integrity of any program of the Coast Guard, or any individual involved in any such program; or
include the participation of any cadet of the Coast Guard Academy at an event of the covered foundation, other than participation of such a cadet in an honor guard;
complies with any applicable ethics regulation; and
has been reviewed and approved by an attorney of the Coast Guard.
(d) Issuance of policies
The Secretary shall issue Coast Guard policies to carry out this section.
Issuance of policies
(e) Briefing
For any fiscal year in which the Secretary exercises the authority under subsection (a), not later than the last day of such fiscal year, the Commandant shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the number of events or activities of a covered foundation supported by such exercise of authority during the fiscal year.
Briefing
(f) Covered foundation defined
In this section, the term covered foundation means an organization that—
Covered foundation defined
is a charitable, educational, or civic nonprofit organization under of the Internal Revenue Code of 1986; and section 501(c)(3)
Notwithstanding any other provision of law, the Secretary of the department in which the Coast Guard is operating may establish concurrent jurisdiction between the Federal Government and the State of Connecticut over the lands constituting the Coast Guard Academy in New London, Connecticut, as necessary to facilitate the ability of the State of Connecticut and City of New London to investigate and prosecute any crimes cognizable under Connecticut law that are committed on such Coast Guard Academy property.
Policy and briefing on availability of naloxone to treat opioid, including fentanyl, overdoses
(a) Policy
Not later than 1 year after the date of enactment of this Act, the Commandant shall update the policy of the Coast Guard regarding the use of medication to treat drug overdoses, including the use of naloxone or other similar medication to treat opioid, including fentanyl, overdoses.
Policy
(b) Availability
The updated policy required under subsection (a) shall require naloxone or other similar medication be available for members of the Coast Guard—
Availability
on all Coast Guard installations; and
in each operational environment.
(c) Participation in tracking system
Not later than 1 year after the earlier of the date of enactment of this Act or the date on which the tracking system established under section 706 of the National Defense Authorization Act for Fiscal Year 2024 ( note) is established, the Commandant shall ensure the participation of the Coast Guard in the such tracking system. 10 U.S.C. 1090
Participation in tracking system
(d) Memorandum of understanding
Not later than 1 year after the earlier of the date of enactment of this Act or the date on which the tracking system established under section 706 of the National Defense Authorization Act for Fiscal Year 2024 ( note) is established, the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy and the Secretary of Defense shall finalize a memorandum of understanding to facilitate Coast Guard access such tracking system. 10 U.S.C. 1090
Memorandum of understanding
(e) Briefing
Briefing
(1) In general
Not later than 2 years after the date of enactment of this Act, the Commandant shall provide the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the use, by members and personnel of the Coast Guard at Coast Guard facilities, onboard Coast Guard assets, and during Coast Guard operations, of—
In general
naloxone or other similar medication to treat opioid, including fentanyl, overdoses; and
opioids, including fentanyl.
(2) Elements
The briefing required under paragraph (1) shall include the following:
Elements
A description of—
(i) the progress made in the implementation of the updated policy required under subsection (a);
(ii) the prevalence and incidence of the illegal use of fentanyl and other controlled substances in the Coast Guard during the 5-year period preceding the briefing;
Policy on methods to reduce incentives for illicit maritime drug trafficking
(a) In general
Not later than 1 year after the date of enactment of this Act, the Commandant, in consultation with the Administrator of the Drug Enforcement Administration, the Secretary of State, and the Secretary of Defense, shall develop a policy, consistent with the Constitution of the United States, as well as domestic and international law, to address, disincentivize, and interdict illicit trafficking by sea of controlled substances (and precursors of controlled substances) being transported to produce illicit synthetic drugs.
In general
(b) Elements
The policy required under subsection (a) shall—
Elements
include a requirement that, to the maximum extent practicable, a vessel unlawfully transporting a controlled substance or precursors of a controlled substance being transported to produce illicit synthetic drugs, be seized or appropriately disposed of consistent with domestic and international law, as well as any international agreements to which the United States is a party; and
aim to reduce incentives for illicit maritime drug trafficking on a global scale, including in the Eastern Pacific Ocean, the Indo-Pacific region, the Caribbean, and the Middle East.
(c) Briefing
Not later than 1 year after the date of enactment of this Act, the Commandant shall brief the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure, the Committee on Foreign Affairs, and the Committee on Homeland Security of the House of Representatives on—
Briefing
the policy developed pursuant to subsection (a); and
recommendations with respect to—
additional methods for reducing illicit drug trafficking; and
additional resources necessary to implement the policy required under subsection (a) and methods recommended under subparagraph (A).
Not later than 270 days after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the condition of dayboards and the placement of buoys on the Missouri River, the Coast Guard Northeast District, and the Coast Guard Northwest District.
Provision to Congress
(b) Elements
The report under paragraph (1) shall include—
Elements
a list of the most recent date on which each dayboard and buoy was serviced by the Coast Guard;
an overview of the plan of the Coast Guard to systematically service each dayboard and buoy on the Missouri River;
an overview of the plan of the Coast Guard to systematically service each buoy located in the Coast Guard Northeast District;
an overview of the plan of the Coast Guard to systematically service each buoy located in the Coast Guard Northwest District; and
assigned points of contact.
(c) Limitation
Beginning on the date of enactment of this Act, the Commandant may not remove the aids to navigation covered in subsection (a), unless there is an imminent threat to life or safety, until a period of 180 days has elapsed following the date on which the Commandant submits the report required under subsection (a).
Limitation
(d) Study on reliance on aids to navigation
(1) In general
The Commandant shall conduct a study on the extent to which physical aids to navigation, including buoys and dayboards, are relied upon by maritime users in the Missouri River, Coast Guard Northeast District, and Coast Guard Northwest District.
(2) Requirements
In the study conducted under paragraph (1), the Commandant shall include the following:
An analysis of the extent to which physical aids to navigation serve as primary navigational references for operators of vessels that lack electronic or satellite-based systems, including small commercial vessels, recreational boats, sailboats, and skiffs.
An assessment of the role physical aids to navigation play in supporting safe vessel operation during outages, disruptions, or inaccuracies in electronic or satellite-based navigation systems.
An assessment of mariner perspectives on the availability, visibility, and reliability of physical aids to navigation, based on input from recreational boaters, commercial fishermen, pilot associations, port authorities, and other relevant waterway users.
A summary of reported incidents or near-miss events from the past five years in which the presence or absence of physical aids to navigation played a contributory role in navigational outcomes, including collisions, groundings, or deviations from intended routes.
Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy, in consultation with the Secretary of Defense, shall—
Feasibility study on supporting additional port visits and deployments in support of Operation Blue Pacific
complete a study on the feasibility and advisability of supporting additional Coast Guard port visits and deployments, including the homeporting of fast response cutters in the Northern Mariana Islands, in support of Operation Blue Pacific, or any successor operation oriented toward Oceania;
include, as part of the study under paragraph (1), an analysis of where any Coast Guard assets used for port visits and deployments in support of Operation Blue Pacific, or any successor operation oriented toward Oceania, will be transferred from and any associated gaps in Coast Guard coverage any such transfer will create; and
submit to the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of such study.
Study and gap analysis with respect to Coast Guard Air Station Corpus Christi aviation hangar
(a) In general
Not later than 180 days after the date of enactment of this Act, the Commandant shall commence a study and gap analysis with respect to the aviation hangar at Coast Guard Air Station Corpus Christi and the capacity of such hangar to accommodate the aircraft currently assigned to Coast Guard Air Station Corpus Christi and any aircraft anticipated to be so assigned in the future.
In general
(b) Elements
The study and gap analysis required by subsection (a) shall include the following:
Elements
An identification of hangar infrastructure requirements needed—
to meet mission requirements for all aircraft currently assigned to Coast Guard Air Station Corpus Christi; and
to accommodate the assignment of an additional HC–144 Ocean Sentry aircraft to Coast Guard Air Station Corpus Christi.
An assessment as to whether the aviation hangar at Coast Guard Air Station Corpus Christi is sufficient to accommodate all rotary-wing assets assigned to Coast Guard Air Station Corpus Christi.
In the case of an assessment that such hangar is insufficient to accommodate all such rotary-wing assets, a description of the facility modifications that would be required to do so.
An assessment of the facility modifications of such hangar that would be required to accommodate all aircraft assigned to Coast Guard Air Station Corpus Christi upon completion of the transition from the MH–65 rotary-wing aircraft to the MH–60T rotary-wing aircraft.
An evaluation with respect to which fixed-wing assets assigned to Coast Guard Air Station Corpus Christi should be enclosed in such hangar so as to most effectively mitigate the effects of corrosion while meeting mission requirements.
An evaluation as to whether, and to what extent, the storage of fixed-wing assets outside such hangar would compromise the material condition and safety of such assets.
An evaluation of the extent to which any material condition and safety issue identified under paragraph (6) may be mitigated through the use of gust locks, chocks, tie-downs, or related equipment.
(c) Report
Not later than 1 year after the commencement of the study and gap analysis required under subsection (a), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study and gap analysis.
Report on impacts of joint travel regulations on members of Coast Guard who rely on ferry systems
(a) In general
Not later than 180 days after the date of enactment of this Act, the Commandant, in coordination with the Under Secretary of Defense for Personnel and Readiness, shall submit to the appropriate committees of Congress a report on the impacts of the Joint Travel Regulations on members of the Coast Guard who are commuting, on permanent change of station travel, or on other official travel to or from locations served by ferry systems.
In general
(b) Elements
The report required under subsection (a) shall include an analysis of the impacts on such members of the Coast Guard of the following policies under the Joint Travel Regulations:
Elements
The one-vehicle shipping policy.
The unavailability of reimbursement of costs incurred by such members due to ferry schedule unavailability, sailing cancellations, and other sailing delays during commuting, permanent change of station travel, or other official travel.
The unavailability of local infrastructure to support vehicles or goods shipped to duty stations in locations outside the contiguous United States that are not connected by the road system, including locations served by the Alaska Marine Highway System.
(c) Definitions
In this section:
Definitions
(1) Appropriate committees of congress
The term appropriate committees of Congress means—
Appropriate committees of congress
the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and
the Committee on Armed Services and the Subcommittee on Coast Guard and Maritime Transportation of the Committee on Transportation and Infrastructure of the House of Representatives.
(2) Joint travel regulations
The term , with respect to official travel, means the terms, rates, conditions, and regulations maintained under section 464 of title 37, United States Code. Joint Travel Regulations
Report on Junior Reserve Officers’ Training Corps program
(a) In general
Not later than 1 year after the date of enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the Junior Reserve Officers’ Training Corps program.
In general
(b) Elements
The report required under subsection (a) shall include the following:
Elements
A description of the standards and criteria prescribed by the Coast Guard for educational institution participation in the Coast Guard Junior Reserve Officers’ Training Corps program.
With respect to each educational institution offering a Coast Guard Junior Reserve Officers’ Training Corps program—
a description of—
(i) the training and course of military instruction provided to students;
(ii) the facilities and drill areas used for the program;
(iii) the type and amount of Coast Guard Junior Reserve Officers’ Training Corps program resources provided by the Coast Guard;
(iv) the type and amount of Coast Guard Junior Reserve Officers’ Training Corps program resources provided by the educational institution; and
(v) any other matter relating to program requirements the Commandant considers appropriate;
an assessment as to whether the educational institution is located in an educationally and economically deprived area (as described in section 2031 of title 10, United States Code);
beginning with the year in which the program was established at the educational institution, the number of students who have participated in the program, disaggregated by gender, race, and grade of student participants; and
an assessment of the participants in the program, including—
(i) the performance of the participants in the program;
(ii) the number of participants in the program who express an intent to pursue a commission or enlistment in the Coast Guard; and
(iii) a description of any other factor or matter considered by the Commandant to be important in assessing the success of program participants at the educational institution.
With respect to any unit of the Coast Guard Junior Reserve Officers’ Training Corps suspended or placed on probation pursuant to section 2031(h) of title 10, United States Code—
a description of the unit;
the reason for such suspension or placement on probation;
the year the unit was so suspended or placed on probation; and
with respect to any unit that was reinstated after previously being suspended or placed on probation, a justification for the reinstatement of such unit.
A description of the resources and personnel required to maintain, implement, and provide oversight for the Coast Guard Junior Reserve Officers’ Training Corps program at each participating educational institution and within the Coast Guard, including the funding provided to each such educational institution, disaggregated by educational institution and year.
Section 11272(c) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 () is amended by adding at the end the following: Public Law 117–263
(7) Public report
(A) In general
Not later than 30 days after the date of enactment of the , the Commandant shall brief the Committee on Transportation and Infrastructure of the House or Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the cost to the Coast Guard of meeting the requirements of section 564 of title 14, United States Code, in fiscal year 2024.
(B) Secondary briefings
Not later than November 1, 2025 and November, 1, 2026, the Commandant shall brief the committees described in subparagraph (A) on the cost to the Coast Guard of meeting the requirements of section 564 of title 14, United States Code, in fiscal years 2025 and 2026, respectively.
Not later than 180 days after the date of enactment of this Act, the Secretary of Defense, in consultation with the Secretary of the department in which the Coast Guard is operating when it is not operating as a Service in the Navy, shall prepare a report on the role the Coast Guard is expected to play in the 5, 10, and 20 years after the date of enactment of this Act in providing assistance to the military departments in—
working with the navies and domestic coast guard of nations located in the Indo-Pacific region on building capacity to protect the territorial waters of such nations from incursions by other nations;
providing a presence in the Arctic and Antarctic to protect United States sovereign national security interests in the regions; and
providing law enforcement capabilities which the military departments do not possess for national security, piracy, alien and drug interdiction, and fishery law enforcement on the high seas.
Not later than 180 days after the date of enactment of this Act, the Commandant, in consultation with Assistant Secretary of the Army (Civil Works), shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes the following:
An analysis of the skills and experience of Coast Guard personnel, particularly such personnel with backgrounds in engineering, navigation, heavy equipment operation, and maintenance, that are directly transferable to the dredging industry.
A plan for developing and implementing targeted outreach and recruitment strategies to connect separating or retiring Coast Guard personnel with employment opportunities, including registered apprentice programs, in the dredging industry.
An evaluation of the potential for establishing programs to recognize the skills of Coast Guard personnel for the merchant mariner credentials necessary for employment in the dredging industry.
A description of any existing or planned coordination with the Corps of Engineers, employers, relevant labor organizations, and other relevant agencies to facilitate the transition of Coast Guard personnel into the dredging industry.
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing the search and rescue operations at impacted Coast Guard facilities that contains the following:
The number of impacted Coast Guard facilities.
The number of active Coast Guard facilities operating as scheduled mission stations.
The number of active search and rescue personnel at each impacted Coast Guard facility.
The number of search and rescue personnel at each impacted Coast Guard facility beginning in 2021 and accounted for annually thereafter.
A description of active and past first responder cooperative agreements made between each impacted Coast Guard facility and local law enforcement or first responders for search and rescue operations.
The average response time for all search and rescue operations at each impacted Coast Guard facility beginning in 2021 and accounted for annually thereafter.
The number of lives lost during search and rescue operations at each impacted Coast Guard facility beginning in 2021 and accounted for annually thereafter.
The number of vessel safety checks administered by an impacted Coast Guard facility beginning in 2021 and accounted for annually thereafter.
The number of search and rescue incidents in which a facility responded to a search and rescue incident in an area previously covered by an impacted Coast Guard facility but was unable to fulfill the mission, including—
the distance traveled to the destination of each incident;
the duration time traveled to reach the destination of each incident;
whether the incident resulted in a loss of life;
whether the search and rescue team was able to reach the destination of the incident to complete operations;
whether the Coast Guard had to rely on local authorities to address the incident due to operational limitations for Coast Guard; and
identifying the local authorities addressing search and rescue incidents under subparagraph (E).
The number of ice rescue missions taken by impacted Coast Guard facilities beginning in 2021 and accounted for annually thereafter.
The area of responsibility covered by each impacted Coast Guard facility.
Any other metrics determined to be relevant by the Commandant to convey the changes to search and rescue operations at impacted Coast Guard facilities.
(b) Definition of impacted Coast Guard facility
In this section, the term impacted Coast Guard facility means a facility or station that was designated as a schedule mission station or closed under either the Assignment Year 2024 Force Alignment Initiative or the Assignment Year 2025 Force Alignment Initiative.
Not later than 90 days after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that—
examines alternative sites on St. Thomas, Virgin Island for the location of Station St. Thomas, St. Thomas, Virgin Islands;
analyzes geographic threats and opportunities on St. Thomas, Virgin Islands to Coast Guard mission objectives; and
provides a cost estimate on the cost of acquiring an alternative site which meets the mission needs of Station St. Thomas, including the cost of—
land acquisition;
pier and shoreside facility construction;
relocation of the existing facility, personnel, and equipment, including environmental remediation at the existing site; and
impacts (both positive and negative) on Coast Guard mission readiness of a move to a new site on St. Thomas, Virgin Islands.
Not later than 180 days after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report of the navigable waterway of the East Rockaway Inlet located on Long Island, New York.
(b) Contents
The report under subsection (a) shall include—
an evaluation of potential hazards to navigation present in the East Rockaway Inlet;
a map of current and future aids to navigation in the East Rockaway Inlet;
an evaluation of the effects of the current channel hazards on commercial navigation and safety;
recommendations on addressing hazards to navigation present in the East Rockaway Inlet; and
recommendations on updates to the necessary to aids navigation in order to maintain safety.
(a) Reduction of lengths of certain periods of service
Section 3534 of the National Defense Authorization Act for Fiscal Year 2024 () is amended— Public Law 118–31
by redesignating subsection (k) as subsection (u); and
(j) Revising merchant mariner deck training requirements
Section 2101 of title 46, United States Code, is amended—
by redesignating paragraphs (20) through (56) as paragraphs (21), (22), (24), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (35), (36), (37), (38), (39), (40), (41), (42), (43), (44), (45), (46), (47), (48), (49), (50), (51), (52), (53), (54), (55), (56), (57), and (58), respectively; and
by inserting after paragraph (19) the following:
means a merchant mariner license, certificate, or document that the Secretary is authorized to issue pursuant to this title. merchant mariner credential
by inserting after paragraph (22), as so redesignated, the following:
means a program that— nautical school program
offers a comprehensive program of training that includes substantial sea service on nautical school vessels or merchant vessels of the United States primarily to train individuals for service in the merchant marine; and
is approved by the Secretary for purposes of section 7315, in accordance with regulations promulgated by the Secretary.
(k) Noncitizenship nationality
(1) Citizenship or noncitizen nationality
Section 7102 of title 46, United States Code, is amended—
in the section heading by inserting after ; and
by inserting after .
(2) Conforming amendments
(A) In general
Section 7304 of title 46, United States Code, is amended—
(i) in the section heading by inserting after ; and
(ii) by inserting after .
(B) Citizenship and Navy Reserve requirements
Section 8103 of title 46, United States Code, is amended—
(i) in the section heading by inserting after ;
(ii) in subsection (a) by inserting after ;
(iii) in subsection (b)—
in paragraph (1)(A)(i) by inserting after ;
in paragraph (3) by inserting after ; and
in paragraph (3)(C) by inserting after ;
(iv) in subsection (c) by inserting after ;
(v) in subsection (d)—
in paragraph (1) by inserting after ; and
in paragraph (2) by inserting after each place it appears;
(vi) in subsection (e) by inserting after each place it appears;
Section 8313(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 () is amended by striking and inserting . Public Law 116–283
Section 3714 of title 46, United States Code, is amended—
Amendments
in subsection (a)(1) by striking The Secretaryand inserting Except as provided in subsection (c), the Secretary;
by redesignating subsection (c) as subsection (d); and
by inserting after subsection (b) the following:
(c) Performance-driven examination schedule
Performance-driven examination schedule
(1) In general
With respect to examinations of foreign vessels to which this chapter applies, and subject to paragraph (3), the Secretary may adopt a performance-driven examination schedule to which such vessels are to be examined and the frequency with which such examinations occur, including the frequency of examinations for each vessel. Such schedule shall be consistent with the Secretary’s assessment of the safety performance of such vessels, including each vessel participating in the performance-driven examination schedule, in accordance with paragraph (2).
In general
(2) Considerations
In developing an examination schedule under paragraph (1) and subject to paragraph (3), with respect to each vessel in determining eligibility to participate in the performance based examination schedule—
Considerations
the Secretary shall consider—
(i) certificate of compliance and examination history, to include those conducted by foreign countries;
(ii) history of violations, vessel detentions, incidents, and casualties;
(iii) history of notices of violation issued by the Coast Guard;
(iv) safety related information provided by the flag state of the vessel;
(v) owner and operator history;
(vi) historical classification society data, which may include relevant surveys;
(vii) cargo-specific documentation;
(viii) data from port state control safety exams; and
(ix) relevant repair and maintenance history; and
the Secretary may consider—
(i) data from relevant vessel quality assurance and risk assessment programs including Quality Shipping for the 21st Century (QUALSHIP 21);
(ii) data from industry inspection regimes;
(iii) data from vessel self assessments submitted to the International Maritime Organization or other maritime organizations; and
(iv) other safety relevant data or information as determined by the Secretary.
(3) Eligibility
In developing an examination schedule under paragraph (1), the Secretary shall not consider a vessel eligible to take part in a performance-driven examination schedule under paragraph (1) if, within the last 36 months, the vessel has—
Section 4502 of title 46, United States Code, is amended—
in subsection (i)—
in paragraph (1)—
(i) in subparagraph (A)(ii) by striking and inserting a semicolon;
(ii) by redesignating subparagraph (B) as subparagraph (C); and
(iii) by inserting after subparagraph (A) the following:
to conduct safety and prevention training that addresses behavioral and physical health risks, to include substance use disorder and worker fatigue, facing fishing vessel operators and crewmembers; and
in paragraph (2)—
(i) by striking ; and
(ii) by striking and inserting the following:
subsection—
on a competitive basis; and
based on criteria developed in consultation with the Commandant of the Coast Guard
in paragraph (4) by striking $3,000,000 for fiscal year 2023and inserting to the Secretary of Health and Human Services $6,000,000 for each of fiscal years 2025, and 2026, 2027, 2028, and 2029; and
in subsection (j)—
in paragraph (1) by inserting after ;
in paragraph (2)—
(i) by striking ; and
(ii) by striking and inserting the following:
subsection—
on a competitive basis; and
based on criteria developed in consultation with the Commandant of the Coast Guard
in paragraph (4) by striking $3,000,000 for fiscal year 2023and inserting to the Secretary of Health and Human Services $6,000,000 for each of fiscal years 2025 , and 2026, 2027, 2028, and 2029.
Designating pilotage waters for the Straits of Mackinac
(a) In general
Section 9302(a)(1)(A) of title 46, United States Code, is amended by striking in watersand inserting in the Straits of Mackinac and in all other waters.
In general
(b) Definition of the Straits of Mackinac
Section 9302 of title 46, United States Code, is amended by adding at the end the following:
Definition of the Straits of Mackinac
(g) Definition of the Straits of Mackinac
In this section, the term includes all of the United States navigable waters bounded by longitudes 84 degrees 20 minutes west and 85 degrees 10 minutes west and latitudes 45 degrees 39 minutes north and 45 degrees 54 minutes north, including Gray’s Reef Passage, the South Channel, and Round Island Passage, and approaches thereto. Straits of Mackinac
The Commandant shall conduct a study to determine the applicability of current safety regulations that apply to commercial amphibious vessels.
In general
(b) Elements
The study required under subsection (a) shall include the following:
Elements
An overview and analysis that identifies safety regulations that apply to commercial amphibious vessels;
An evaluation of whether safety gaps and risks exist associated with the application of regulations identified in subsection (b)(1) to the operation of commercial amphibious vessels;
An evaluation of whether aspects of the regulations established in section 11502 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( note) should apply to amphibious commercial vessels; and 46 U.S.C. 3306
Recommendations on potential regulations that should apply to commercial amphibious vessels.
(c) Report
Not later than 1 year after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the findings, conclusions, and recommendations from the study required under subsection (a).
Report
(d) Definition of amphibious vessel
In this section, the term amphibious vessel means a vessel which is operating as a small passenger vessel in waters subject to the jurisdiction of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (or a successor regulation) and is operating as a motor vehicle as defined in section 216 of the Clean Air Act () and that is not a DUKW amphibious passenger vessel as defined in section 11502 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( note). 42 U.S.C. 7550; 46 U.S.C. 3306
Regarding Docket Number USCG–2022–0222, before adopting a final rule, the Commandant shall conduct an independent boat traffic study at mile 7.4 of the St. Lucie River.
Section 3529(a)(3) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 () is amended by striking this Actand inserting the Coast Guard Authorization Act of 2025. Public Law 115–232
Section 8343 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( note) is amended— 46 U.S.C. 70034
by striking 2-year pilot programand inserting pilot program;
by redesignating subsection (c) as subsection (d); and
(c) Authorization
The pilot program under subsection (a) is authorized for fiscal years 2025, 2026, 2027, 2028, and 2029.
by adding at the end the following:
(b) Waterfront safety
Section 70011(a) of title 46, United States Code, is amended—
in paragraph (1) by inserting after ; and
in paragraph (2) by inserting after .
(c) Facility visit by state sponsor of terrorism
Section 70011(b) of title 46, United States Code, is amended—
in paragraph (3) by striking and at the end;
in paragraph (4) by striking the period at the end and inserting ; and; and
prohibiting a representative of a government of country that the Secretary of State has determined has repeatedly provided support for acts of international terrorism under section 620A of the Foreign Assistance Act of 1961 () from visiting a facility for which a facility security plan is required under section 70103(c). 22 U.S.C. 2371
by adding at the end the following:
(d) Great Lakes and Saint Lawrence Seaway navigation
Section 70032 of title 46, United States Code, is amended to read as follows:
Delegation of ports and waterways authorities in Saint Lawrence Seaway
(a) In general
Except as provided in subsection (b), the authority granted to the Secretary under sections 70001, 70002, 70003, 70004, and 70011 may not be delegated with respect to the Saint Lawrence Seaway to any agency other than the Great Lakes St. Lawrence Seaway Development Corporation. Any other authority granted the Secretary under subchapters I through III and this subchapter shall be delegated by the Secretary to the Great Lakes St. Lawrence Seaway Development Corporation to the extent the Secretary determines such delegation is necessary for the proper operation of the Saint Lawrence Seaway.
In general
(b) Exception
The Secretary of the department in which the Coast Guard is operating, after consultation with the Secretary or the head of an agency to which the Secretary has delegated the authorities in subsection (a), may—
Exception
issue and enforce special orders in accordance with section 70002;
establish water or waterfront safety zones, or other measures, for limited, controlled, or conditional access and activity when necessary for the protection of any vessel structure, waters, or shore area, as permitted in section 70011(b)(3); and
Not later than 90 days after the date of enactment of this Act, the Commandant shall seek to enter into an agreement with the National Academies of Science, Engineering, and Medicine, under which the Marine Board of the Transportation Research Board (in this section referred to as the ) shall conduct a study to—
analyze commercial vessel traffic that transits through the Bering Strait and projections for the growth of such traffic during the 10-year period beginning after such date of enactment; and
assess the adequacy of emergency response capabilities and infrastructure at the Port of Point Spencer, Alaska, to address navigation safety risks and geographic challenges necessary to conduct emergency maritime response operations in the Arctic environment.
(b) Elements
The study required under subsection (a) shall include the following:
An analysis of the volume and types of domestic and international commercial vessel traffic through the Bering Strait and the projected growth of such traffic, including a summary of—
the sizes, ages, and flag states of vessels; and
the oil and product tankers that are—
(i) in transit to or from Russia or China; or
(ii) owned or operated by a Russian or Chinese entity.
An assessment of the state and adequacy of vessel traffic services and oil spill and emergency response capabilities in the vicinity of the Bering Strait, including its approaches.
A risk assessment of the projected growth in commercial vessel traffic in the Bering Strait and higher probability of increased frequency in the number of maritime accidents, including spill events, and the potential impacts to the Arctic maritime environment and Native Alaskan village communities in the vicinity of the Bering Strait.
An evaluation of the ability of the Port of Point Spencer, Alaska, to serve as a port of refuge and as a staging, logistics, and operations center to conduct and support maritime emergency and spill response activities.
Recommendations for practical actions that can be taken by the Congress, Federal agencies, the State of Alaska, vessel carriers and operators, the marine salvage and emergency response industry, and other relevant stakeholders to mitigate risks, upgrade infrastructure, and improve the posture of the Port of Point Spencer, Alaska, to function as a strategic staging and logistics center for maritime emergency and spill response operations in the Bering Strait region.
(c) Consultation
In conducting the study required under subsection (a), the Board shall consult with—
Not later than 1 year after the date of enactment of this Act, the Commandant shall implement the November 2021 proposed plan of the Vessel Traffic Service Los Angeles-Long Beach for restructuring the Federal anchorages in San Pedro Bay described on page 54 of the Report of the National Transportation Safety Board titled and issued January 2, 2024. Anchor Strike of Underwater Pipeline and Eventual Crude Oil Release
Implementation of restructuring plan
(2) Study
The Secretary of the department in which the Coast Guard is operating shall conduct a study to identify any anchorage grounds other than the San Pedro Bay Federal anchorages in which the distance between the center of an approved anchorage ground and a pipeline is less than 1 mile.
Study
(3) Report
Report
(A) In general
Not later than 2 years after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study required under paragraph (2).
In general
(B) Contents
The report under subparagraph (A) shall include—
Contents
(i) a list of the anchorage grounds described under paragraph (2);
(ii) whether it is possible to move each such anchorage ground to provide a minimum distance of 1 mile; and
(iii) a recommendation of whether to move any such anchorage ground and explanation for the recommendation.
(b) Proximity to pipeline alerts
Proximity to pipeline alerts
(1) Audible and visual alarms
The Commandant shall consult with the providers of vessel monitoring systems to add to the monitoring systems for vessel traffic services audible and visual alarms that alert the watchstander when an anchored vessel is encroaching on a pipeline.
Audible and visual alarms
(2) Notification procedures
Not later than 1 year after the date of enactment of this Act, the Commandant shall develop procedures for all vessel traffic services to notify pipeline and utility operators following potential incursions on submerged pipelines within the vessel traffic service area of responsibility.
Notification procedures
(3) Report
Not later than 1 year after the date of enactment of this Act, and annually for the subsequent 3 years, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the implementation of paragraphs (1) and (2).
Section 70503(a) of title 46, United States Code, is amended—
Controlled substance onboard vessels
in the matter preceding paragraph (1) by striking While on board a covered vessel, anand inserting An;
by amending paragraph (1) to read as follows:
manufacture or distribute, possess with intent to manufacture or distribute, or place or cause to be placed with intent to manufacture or distribute a controlled substance on board a covered vessel;
in paragraph (2) by inserting before the semicolon; and
Section 70103(c) of title 46, United States Code, is amended by adding at the end the following:
Cyber-incident training
The Secretary may conduct no-notice exercises in Captain of the Port Zones (as described in part 3 of title 33, Code of Federal Regulations as in effect on the date of enactment of the ) involving a facility or vessel required to maintain a security plan under this subsection.
The Commandant, in consultation with the Undersecretary of Commerce for Oceans and Atmosphere, shall examine the navigational protocols used for foreign allied nations governing port and vessel operations in fog and low visibility operations and how those nations utilize advanced navigation technologies such as remote sensing, radar, tracking, and unmanned aerial vehicles to monitor visibility and manage port and vessels operations.
Establishment of National Advisory Committee on Autonomous Maritime Systems
(a) In general
of title 46, United States Code, is amended by adding at the end the following: Chapter 151
In general
Establishment of National Advisory Committee on Autonomous Maritime Systems
(a) Establishment
There is established a National Advisory Committee on Autonomous Maritime Systems (in this section referred to as the ).
Establishment
(b) Function
The Committee shall advise the Secretary on matters relating to the regulation and use of Autonomous Systems within the territorial waters of the United States.
Function
(c) Membership
Membership
(1) In general
The Committee shall consist of 15 members appointed by the Secretary in accordance with this section and section 15109.
In general
(2) Expertise
Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
Expertise
(3) Representation
Each of the following groups shall be represented by at least 1 member on the Committee:
Representation
Marine safety or security entities.
Vessel design and construction entities.
Entities engaged in the production or research of uncrewed vehicles, including drones, autonomous or semi-autonomous vehicles, or any other product or service integral to the provision, maintenance, or management of such products or services.
Port districts, authorities, or terminal operators.
Vessel operators.
National labor unions representing merchant mariners.
Maritime pilots.
Commercial space transportation operators.
Academic institutions.
National labor unions representing longshore workers.
(b) Clerical amendments
The analysis for of title 46, United States Code, is amended by adding at the end the following: chapter 151
Establishment of National Advisory Committee on Autonomous Maritime Systems.
(c) Establishment
Not later than 90 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish the Committee under section 15110 of title 46, United States Code (as added by this section).
Pilot program for governance and oversight of small uncrewed maritime systems
(a) Limitation
Notwithstanding any other provision of law, for the period beginning on the date of enactment of this Act and ending on the date that is 2 years after such date of enactment, small uncrewed maritime systems owned, operated, or chartered by the National Oceanic and Atmospheric Administration, or that are performing specified oceanographic surveys on behalf of and pursuant to a contract or other written agreement with the National Oceanic and Atmospheric Administration, shall not be subject to any vessel inspection, design, operations, navigation (except for of title 46, United States Code), credentialing, or training requirement, law, or regulation, that the Assistant Administrator of the Office of Marine and Aviation Operations of the National Oceanic and Atmospheric Administration determines will harm real-time operational extreme weather oceanographic and atmospheric data collection and predictions. chapter 551
Limitation
(b) Other authority
Nothing in this section shall limit the authority of the Secretary of the department in which the Coast Guard is operating, acting through the Commandant, if there is an immediate safety or security concern regarding small uncrewed maritime systems.
Other authority
(c) Definitions
In this section:
The term small uncrewed maritime systems means unmanned maritime systems (as defined in section 2 of the CENOTE Act of 2018 ()), that— 33 U.S.C. 4101
For the period beginning on the date of enactment of this Act and ending on the date that is 3 years after such date of enactment, the Commandant, or such other individual or organization as the Commandant considers appropriate, shall develop a training course on small uncrewed maritime systems and offer such training course at least once each year for Coast Guard personnel working with or regulating small uncrewed maritime systems.
In general
(b) Course subject matter
The training course developed under subsection (a) shall—
Course subject matter
provide an overview and introduction to small uncrewed maritime systems, including examples of those used by the Federal Government, in academic settings, and in commercial sectors;
address the benefits and disadvantages of use of small uncrewed maritime systems;
address safe navigation of small uncrewed maritime systems, including measures to ensure collision avoidance;
address the ability of small uncrewed maritime systems to communicate with and alert other vessels in the vicinity;
address the ability of small uncrewed maritime systems to respond to system alarms and failures to ensure control commensurate with the risk posed by the systems;
provide present and future capabilities of small uncrewed maritime systems; and
provide an overview of the role of the International Maritime Organization in the governance of small uncrewed maritime systems.
(c) Definitions
In this section:
The term small uncrewed maritime systems means unmanned maritime systems (as defined in section 2 of the CENOTE Act of 2018 ()), that— 33 U.S.C. 4101
Not later than 30 days after the date of enactment of this Act, the Commandant, with the concurrence of the Assistant Administrator of the Office of Marine and Aviation Operations of the National Oceanic and Atmospheric Administration, shall establish the permanent membership of a National Oceanic and Atmospheric Administration employee to the Automated and Autonomous Vessel Policy Council of the Coast Guard.
NOAA membership on Autonomous Vessel Policy Council
Not later than 1 year after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that outlines a plan for establishing an uncrewed systems capabilities office within the Coast Guard responsible for the acquisition and development of uncrewed system and counter-uncrewed system technologies and to expand the capabilities of the Coast Guard with respect to such technologies.
Report
(2) Contents
The report required under paragraph (1) shall include the following:
Contents
A management strategy for the acquisition, development, and deployment of uncrewed system and counter-uncrewed system technologies.
A service-wide coordination strategy to synchronize and integrate efforts across the Coast Guard in order to—
(i) support the primary duties of the Coast Guard pursuant to section 102 of title 14, United States Code; and
(ii) pursue expanded research, development, testing, and evaluation opportunities and funding to expand and accelerate identification and transition of uncrewed system and counter-uncrewed system technologies.
The identification of contracting and acquisition authorities needed to expedite the development and deployment of uncrewed system and counter-uncrewed system technologies.
A detailed list of commercially available uncrewed system and counter-uncrewed system technologies with capabilities determined to be useful for the Coast Guard.
A cross-agency collaboration plan to engage with the Department of Defense and other relevant agencies to identify common requirements and opportunities to partner in acquiring, contracting, and sustaining uncrewed system and counter-uncrewed system capabilities.
Opportunities to obtain and share uncrewed system data from government and commercial sources to improve maritime domain awareness.
The development of a concept of operations for a data system that supports and integrates uncrewed system and counter-uncrewed system technologies with key enablers, including enterprise communications networks, data storage and management, artificial intelligence and machine learning tools, and information sharing and dissemination capabilities.
Not later than 180 days after the date of enactment of this Act, the Commandant shall conduct a study to determine the feasibility of expanding the National Security Cutter’s medium unmanned aircraft system capabilities to Medium Endurance Cutters and Offshore Patrol Cutters.
(b) Report
(1) In general
Not later than 1 year after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a written report that contains the results of the study conducted under subsection (a).
(2) Contents
In submitting the study under paragraph (1), the Commandant shall determine—
the feasibility of equipping Offshore Patrol Cutters and Medium Endurance Cutters with medium unmanned aircraft systems;
the missions capabilities that would be strengthen by the use of such systems; and
projected procurement and operational costs for acquiring such systems.
Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Transportation and Infrastructure of the House and the Committee on Transportation and Infrastructure of the Senate the first of multiple reports of the use and acquisition of the Coast Guard of unmanned systems, with subsequent reports submitted after the first report.
(b) Elements
The reports required by subsection (a) shall include the following:
An inventory of the current unmanned systems of the Coast Guard, including the missions and assets on which such systems are deployed.
Cost, schedule, and performance status of the unmanned system acquisition programs of the Coast Guard.
The extent to which the Coast Guard has assessed how the use of such systems support the primary duties of the Coast Guard pursuant to section 102 of title 14, United States Code.
An evaluation of the acquisition strategy of the Coast Guard for unmanned systems, including the extent to which the Coast Guard has evaluated the benefits and costs of acquiring—
commercially available systems; and
autonomous capabilities.
An evaluation of the progress of the Coast Guard in establishing an unmanned systems capabilities office responsible for the acquisition and development of unmanned system technologies, and the effectiveness of such office, including the ability to—
support the acquisition, development, leasing, and deployment of unmanned systems technologies, including autonomous capabilities;
execute a service-wide coordination strategy to synchronize and integrate efforts across the Coast Guard;
pursue expanded research, development, experimentation, testing, and evaluation opportunities and funding to expand and accelerate identification and transition of unmanned system technologies; and
execute cross-agency collaboration to engage with the Department of Homeland Security, the Department of Defense, and other relevant agencies to identify common requirements and opportunities to partner in acquiring, contracting, and sustaining unmanned system capabilities.
Recommendations to improve the ability of the Coast Guard to evaluate, acquire, and deploy unmanned systems technologies.
(c) Consultation
In developing the report required under subsection (a), the Comptroller General may consult with—
the maritime and aviation industries;
Federal Government agencies familiar with the use and deployment of unmanned systems; and
Not later than 60 days after the date of enactment of this Act, the Commandant shall seek to enter into an arrangement with the National Academy of Sciences under which the Academy shall prepare an assessment of available unmanned, autonomous, or remotely-controlled maritime domain awareness technologies for use by the Coast Guard.
(b) Assessment
In carrying out the assessment under subsection (a), the National Academy of Sciences shall—
describe the potential benefits and limitations of current and emerging unmanned, autonomous, or remotely controlled systems used in the maritime domain for—
ocean observation;
vessel monitoring and identification;
weather observation;
search and rescue operations;
to the extent practicable for consideration by the Academy, intelligence gathering, surveillance, and reconnaissance; and
communications;
assess how technologies described in paragraph (1) can help prioritize Federal investment by examining—
affordability, including acquisition, operations, maintenance and lifecycle costs;
reliability;
versatility;
efficiency; and
estimated service life and persistence of effort;
analyze whether the use of new and emerging maritime domain awareness technologies can be used to—
effectively carry out Coast Guard missions at lower costs and reduced manpower needs;
expand the scope and range of Coast Guard maritime domain awareness; and
allow the Coast Guard to more efficiently and effectively allocate Coast Guard vessels, aircraft, and personnel;
evaluate the extent to which such systems have moved from the research and development phase to effective operations since the National Academy of Sciences published the study titled and issued in 2020; and Leveraging Unmanned Systems for Coast Guard Missions
identify adjustments that would be necessary in Coast Guard authorities, policies, procedures, and protocols to incorporate unmanned technologies to enhance efficiency.
(c) Report to Congress
Not later than 1 year after entering into an arrangement under subsection (a), the National Academy of Sciences shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the assessment prepared under this section.
(d) Use of information
In formulating costs pursuant to subsection (b), the National Academy of Sciences may utilize information from other Coast Guard reports, assessments, or analyses regarding existing Coast Guard manpower requirements or other reports, assessments, or analyses for the acquisition of unmanned, autonomous, or remotely-controlled technologies by the Federal Government.
Subchapter IV of of title 14, United States Code, is further amended by adding at the end the following: chapter 5
With respect to any unmanned aircraft system procured by the Coast Guard, the Commandant shall ensure that such system be used to support the primary duties of the Coast Guard pursuant to section 102.
(b) Clerical amendment
The analysis for of title 14, United States Code, is amended by adding at the end the following: chapter 5
Title IX of the Frank LoBiondo Coast Guard Authorization Act of 2018 () is amended by adding at the end the following: Public Law 115–282
In general
Unless otherwise prohibited by law, the Commandant of the Coast Guard shall, upon request by any State, the District of Columbia, any Indian Tribe, or any territory of the United States, provide all data possessed by the Coast Guard for a ballast water management system with a type approval certificate approved by the Coast Guard pursuant to subpart 162.060 of title 46, Code of Federal Regulations, as in effect on the date of enactment of the pertaining to—
Information on type approval certificates
challenge water (as defined in section 162.060–3 of title 46, Code of Federal Regulations, as in effect on the date of enactment of the ) quality characteristics;
post-treatment water quality characteristics;
challenge water (as defined in section 162.060–3 of title 46, Code of Federal Regulations, as in effect on the date of enactment of the ) biologic organism concentrations data; and
post-treatment water biologic organism concentrations data.
(b) Clerical amendment
The table of contents for the Frank LoBiondo Coast Guard Authorization Act of 2018 () is amended by inserting after the item relating to section 903 the following: Public Law 115–282
Section 5(a) of the Deepwater Port Act of 1974 () is amended by striking the first sentence and inserting . 33 U.S.C. 1504(a)
In general
(b) NEPA compliance
Section 5 of the Deepwater Port Act of 1974 () is amended by striking subsection (f) and inserting the following: 33 U.S.C. 1504
NEPA compliance
(f) NEPA compliance
NEPA compliance
(1) Definition of lead agency
In this subsection, the term lead agency has the meaning given the term in section 111 of the National Environmental Policy Act of 1969 (). 42 U.S.C. 4336e
Definition of lead agency
(2) Lead agency
Lead agency
(A) In general
For all applications, the Maritime Administration shall be the Federal lead agency for purposes of the National Environmental Policy Act of 1969 (). 42 U.S.C. 4321 et seq.
In general
(B) Effect of compliance
Compliance with the National Environmental Policy Act of 1969 () in accordance with subparagraph (A) shall fulfill the requirement of the Federal lead agency in carrying out the responsibilities under the National Environmental Policy Act of 1969 () pursuant to this Act. 42 U.S.C. 4321 et seq.; 42 U.S.C. 4321 et seq.
Effect of compliance
(c) Regulations
Regulations
(1) In general
Not later than 18 months after the date of enactment of this Act, the Commandant shall transfer the authorities provided to the Coast Guard in part 148 of title 33, Code of Federal Regulations (as in effect on the date of enactment of this Act), except as provided in paragraph (2), to the Secretary of Transportation.
In general
(2) Retention of authority
The Commandant shall retain responsibility for authorities pertaining to design, construction, equipment, and operation of deepwater ports and navigational safety.
Retention of authority
(3) Updates to authority
As soon as practicable after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to reflect the updates to authorities prescribed by this subsection.
Updates to authority
(d) Rule of construction
Nothing in this section, or the amendments made by this section, may be construed to limit the authorities of other governmental agencies previously delegated authorities of the Deepwater Port Act of 1974 () or any other law. 33 U.S.C. 1501 et seq.
Section 11304(a)(2)(A)(i) of the Don Young Coast Guard Authorization Act of 2022 ( note) is amended by striking 4 yearsand inserting 6 years. 16 U.S.C. 1390
Extension of pilot program to establish a cetacean desk for Puget Sound region
Section 11320 of the Don Young Coast Guard Authorization Act of 2022 (; 136 Stat. 4092) is amended by striking during the periodand all that follows through the period at the end and inserting until December 31, 2029.. Public Law 117–263
Suspension of enforcement of use of devices broadcasting on AIS for purposes of marking fishing gear
Section 3316(d) of title 46, United States Code, is amended—
Classification societies
by amending paragraph (2)(B)(i) to read as follows:
(i) the government of the foreign country in which the foreign society is headquartered—
delegates that authority to the American Bureau of Shipping; or
does not delegate that authority to any classification society; or
by adding at the end the following:
(5) Clarification on authority
Nothing in this subsection authorizes the Secretary to make a delegation under paragraph (2) to a classification society from the People’s Republic of China.
of title 46, United States Code, is amended— Chapter 47
In general
in the chapter heading by striking and inserting ;
by inserting before section 4701 the following:
Barges
by adding at the end the following:
Non-Barge Vessels
In this subchapter:
Definitions
(1) Abandon
The term abandon means to moor, strand, wreck, sink, or leave a covered vessel unattended for longer than 45 days.
Abandon
(2) Covered vessel
The term covered vessel means a vessel that is not a barge to which subchapter I applies.
Covered vessel
(3) Indian Tribe
The term Indian Tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (). 25 U.S.C. 5304
Indian Tribe
(4) Native Hawaiian organization
The term Native Hawaiian organization has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 () except the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs. 20 U.S.C. 7517
Native Hawaiian organization
Abandonment of vessels prohibited
(a) In general
An owner or operator of a covered vessel may not abandon such vessel on the navigable waters of the United States.
In general
(b) Determination of abandonment
Determination of abandonment
(1) Notification
Notification
(A) In general
With respect to a covered vessel that appears to be abandoned, the Commandant of the Coast Guard shall—
In general
(i) attempt to identify the owner using the vessel registration number, hull identification number, or any other information that can be reasonably inferred or gathered; and
(ii) notify such owner—
of the penalty described in subsection (c); and
that the vessel will be removed at the expense of the owner if the Commandant determines that the vessel is abandoned and the owner does not remove or account for the vessel.
(B) Form
The Commandant shall provide the notice required under subparagraph (A)—
Form
(i) if the owner can be identified, via certified mail or other appropriate forms determined by the Commandant; or
(ii) if the owner cannot be identified, via an announcement in a local publication and on a website maintained by the Coast Guard.
Not later than 180 days after the date of enactment of this Act, the Commandant shall prepare and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that provides legislative and regulatory recommendations to ensure the safe operation of vessels.
(b) Contents
The report under subsection (a) shall include recommendations—
to ensure that if cases of harassment required to be reported under section 10104 of title 46, United States Code, are not the result of the policies and procedures of the responsible entity of a vessel, the Commandant shall not take administrative action against the responsible entity of a vessel as a result of the reporting of such cases;
to ensure that the Coast Guard’s deliberative process for determining whether or not acts are harassment does not prevent the responsible entity of a vessel from immediately acting after learning of a potential incident of harassment; and
to clarify for mariners and the responsible entity of a vessel the types of behaviors that shall be reported to the Coast Guard.
Section 3702(b) of title 46, United States Code, is amended—
in the matter preceding paragraph (1) by striking offshore drilling or production facilities in the oil industryand inserting exploration, development, or production of offshore drilling or production facilities in the oil industry and non-mineral energy production; and
in paragraph (2) by striking oil exploitationand inserting exploration, development, or production of offshore energy resources.
(b) Oil fuel tank protection
(1) In general
Notwithstanding any other provision of law and not later than 60 days after the date of enactment of this Act, the Commandant shall amend section 125.115(b) of title 46, Code of Federal Regulations (as in effect on such date of enactment), to reflect the amendment made in subsection (a).
(2) Application
If the Commandant fails to amend the section described in paragraph (1) by the date that is 60 days after the date of enactment of this Act, then, in lieu of the application of such section, the Secretary shall allow vessels to which section 3702 of title 46, United States Code, applies to transfer fuel from the fuel supply tanks of such vessel to offshore facilities in support of exploration, development, or production of offshore energy resources.
(c) Outer continental shelf activities
(1) In general
Not later than 60 days after the date of enactment of this Act, the Commandant shall amend section G6.3.a of the United States Coast Guard Marine Safety Manual, Volume II titled , issued September 20, 2021 (COMDTINST M16000.76) (as in effect on such date of enactment), to reflect the amendment made in subsection (a). Materiel Inspection: Outer Continental Shelf Activities
(2) Application
If the Commandant fails to amend the section described in paragraph (1) by the date that is 60 days after the date of enactment of this Act, then the Secretary shall in lieu of such section not apply section 3702 of title 46, United States Code, to a documented vessel transferring fuel from the fuel supply tanks of such vessel to an offshore facility if such vessel is not a tanker and is in the service of exploration, development, or production of offshore energy resources.
Not later than 180 days after the date of enactment of this Act, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on—
the status of the acquisition and procurement of second-generation Special Purpose Craft – Heavy Weather (SPC–HWX II) vessels;
the timeline for the deployment of such vessels to stations in the Pacific Northwest previously served by the first-generation Special Purpose Craft – Heavy Weather vessels; and
any outstanding barriers to the timeliness of such deployment.
(a) Salvage and marine firefighting response capability
Section 311(j) of the Federal Water Pollution Control Act () is amended by adding at the end the following: 33 U.S.C. 1321(j)
Salvage and marine firefighting response capability
(10) Salvage and marine firefighting response capability
Salvage and marine firefighting response capability
(A) In general
The President, acting through the Secretary of the department in which the Coast Guard is operating unless otherwise delegated by the President, may require—
In general
(i) periodic inspection of vessels and salvage equipment, firefighting equipment, and other major marine casualty response equipment on or associated with vessels;
(ii) periodic verification of capabilities to appropriately, and in a timely manner, respond to a marine casualty, including—
drills, with or without prior notice;
review of contracts and relevant third-party agreements;
testing of equipment;
review of training; and
other evaluations of marine casualty response capabilities, as determined appropriate by the President; and
(iii) carrying of appropriate response equipment for responding to a marine casualty that employs the best technology economically feasible and that is compatible with the safe operation of the vessel.
(B) Definitions
In this paragraph:
Definitions
(i) The term marine casualty means a marine casualty that is required to be reported pursuant to paragraph (3), (4), or (5) of section 6101 of title 46, United States Code.
Marine casualty
(ii) The term salvage equipment means any equipment that is capable of being used to assist a vessel in potential or actual danger in order to prevent loss of life, damage or destruction of the vessel or its cargo, or release of its contents into the marine environment.
Salvage equipment
(b) Report to Congress
Report to Congress
(1) In general
Not later than 270 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on—
In general
the state of marine firefighting authorities, jurisdiction, and plan review; and
other considerations with respect to fires at waterfront facilities (including vessel fires) and vessel fires on the navigable waters (as such term is defined in section 502 of the Federal Water Pollution Control Act ()). 33 U.S.C. 1362
Section 6308 of title 46, United States Code, is amended—
Use of marine casualty investigations
in subsection (a) by striking initiatedand inserting conducted; and
by adding at the end the following:
For purposes of this section, an administrative proceeding conducted by the United States includes proceedings under section 7701 and claims adjudicated under section 1013 of the Oil Pollution Act of 1990 (). 33 U.S.C. 2713
Section 1017 of the Oil Pollution Act of 1990 () is amended by adding at the end the following: 33 U.S.C. 2717
Timing of review
(g) Timing of review
Before the date of completion of a removal action, no person may bring an action under this Act, section 311 of the Federal Water Pollution Control Act (), or of title 5, United States Code, challenging any decision relating to such removal action that is made by an on-scene coordinator appointed under the National Contingency Plan. 33 U.S.C. 1321; chapter 7
Not later than 1 year after the date of enactment of this Act, the National Response Center shall submit to Congress a plan to design, fund, and staff the National Response Center to develop and maintain a web-based application by which the National Response Center may receive notifications of oil discharges or releases of hazardous substances.
In general
(b) Development of application
Not later than 2 years after the date on which the plan is submitted under subsection (a), the National Response Center shall—
Development of application
complete development of the application described in such subsection; and
allow notifications described in such subsection that are required under Federal law or regulation to be made online using such application.
(c) Use of application
In carrying out subsection (b), the National Response Center may not require the notification of an oil discharge or release of a hazardous substance to be made using the application developed under such subsection.
Section 350 of ( note) is amended— Public Law 106–113; 43 U.S.C. 1474b
Investment of Exxon Valdez oil spill court recovery in high yield investments and marine research
by striking paragraph (5);
by redesignating paragraphs (2), (3), (4), (6), and (7) as subsections (c), (d), (e), (f), and (g), respectively, and indenting the subsections appropriately;
in paragraph (1)—
by striking and inserting the following:
(a) Definitions
In this section:
Definitions
(1) Consent decree
The term Consent Decree means the consent decree issued in United States v. Exxon Corporation, et al. (No. A91–082 CIV) and State of Alaska v. Exxon Corporation, et al. (No. A91–083 CIV).
Consent decree
(2) Fund
The term Fund means the Natural Resource Damage Assessment and Restoration Fund established pursuant to title I of the Department of the Interior and Related Agencies Appropriations Act, 1992 (). 43 U.S.C. 1474b
Fund
(3) Outside account
The term outside account means any account outside the United States Treasury.
Outside account
(4) Trustee
The term Trustee means a Federal or State natural resource trustee for the Exxon Valdez oil spill.
Trustee
(b) Deposits
Deposits
(1) In general
Notwithstanding any other provision of law and subject to subsection (g)
In general
in subsection (b)(1) (as so designated)—
in the matter preceding subparagraph (A) by striking ;
by striking subparagraphs (A) and (B) and inserting the following:
the Fund;
an outside account; or
in the undesignated matter following subparagraph (C)—
(i) by striking and inserting ; and
(ii) by striking and inserting the following:
(2) Requirement for deposits in outside accounts
Any funds
Requirement for deposits in outside accounts
in subsection (c) (as redesignated by paragraph (2)) by striking and inserting the following:
(c) Transfers
Any joint
Transfers
in subsection (d) (as redesignated by paragraph (2)) by striking and inserting the following:
(d) No effect on jurisdiction
The transfer
No effect on jurisdiction
in subsection (e) (as redesignated by paragraph (2))—
Except as otherwise provided in this subsection, a qualified vessel engaged in a qualified oil spill response shall not be subject to inspection if the qualified vessel—
has—
(i) an agreement by contract or other approved means with an oil spill removal organization to support a response plan under section 311(j) of the Federal Water Pollution Control Act (), including training and exercises related to oil spill response activities; or 33 U.S.C. 1321(j)
(ii) been approved by the Secretary to respond to a discharge of oil or to participate in training and exercises related to oil spill response activities;
is normally and substantially involved in activities other than, and not adapted to, spill response;
complies with all applicable laws for the use of such vessel in the activities for which such vessel is normally and substantially operated, including any inspection requirement under this title for such use; and
has at least 1 crewmember possessing certifications for, or who are in training for, applicable hazardous waste operations and emergency response.
(2) Allowances
A qualified vessel under paragraph (1) may—
unless otherwise inspected as a towing vessel under this title, tow only—
(i) another vessel or a device, including a bladder, designed to carry oil or oil residues with the capacity of less than 250 barrels; or
(ii) oil spill response equipment, including boom, skimmers, or other response equipment;
carry—
(i) temporary storage containers on board for recovered oil or oil-contaminated materials collected during an oil spill response, including bags, drums, and totes as approved by the Secretary;
(ii) oil spill response equipment; or
(iii) no more than 6 passengers for hire in support of a response plan under Section 311(j) of the Federal Water Pollution Control Act () approved by the Secretary unless the vessel has been inspected under paragraph (4) or (8) of section 3301 or is authorized by the Secretary to carry more than 6 passengers for hire; 33 U.S.C. 1321(j)
if the qualified vessel is a tank vessel, be used for storage of recovered oil only if not carrying oil as cargo at the time of an oil spill response; or
conduct any other operation, or engage in training or exercises, in support of a response plan under section 311(j) of the Federal Water Pollution Control Act () approved by the Secretary. 33 U.S.C. 1321(j)
(3) Definitions
In this subsection:
(A) Qualified vessel
The term qualified vessel means a vessel operating in any part of the area of responsibility—
Not later than 180 days after the date of enactment of this Act, the Commandant shall, in coordination with the Secretary of State, review and update the Canada-US Joint Maritime Pollution Contingency Plan.
(b) Requirements
In carrying out subsection (a), the Commandant shall—
review each geographic annex within the contingency plan;
analyze the vessel traffic patterns, including the types of vessels transiting the area, and assess the risks of a pollution incident; and
determine if any of the areas should be expanded or modified.
(c) Exercises
The Commandant, in coordination with the Secretary of State, shall conduct a joint training exercise not less than once a year to determine emergency response capabilities and identify other types of support necessary to effectuate a successful oil spill response, in accordance with the Canada-US Joint Maritime Pollution Contingency Plan.
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the efforts of the Coast Guard to mitigate cases of sexual assault and sexual harassment within the service.
In general
(2) Elements
The report required under paragraph (1) shall—
Elements
evaluate—
(i) the efforts of the Commandant to implement the directed actions from enclosure 1 of the memorandum titled dated November 27, 2023; Commandant's Directed Actions—Accountability and Transparency
(ii) whether the Commandant met the reporting requirements under section 5112 of title 14, United States Code; and
(iii) the effectiveness of the actions of the Coast Guard, including efforts outside of the actions described in the memorandum titled dated November 27, 2023, to mitigate instances of sexual assault and sexual harassment and improve the enforcement relating to such instances within the Coast Guard, and how the Coast Guard is overcoming challenges in implementing such actions; Commandant's Directed Actions—Accountability and Transparency
make recommendations to the Commandant for improvements to the efforts of the service to mitigate instances of sexual assault and sexual harassment and improve the enforcement relating to such instances within the Coast Guard; and
make recommendations to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate to mitigate instances of sexual assault and sexual harassment in the Coast Guard and improve the enforcement relating to such instances within the Coast Guard, including proposed changes to any legislative authorities.
(b) Report by Commandant
Not later than 90 days after the date on which the Comptroller General completes all actions under subsection (a), the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes the following:
Report by Commandant
A plan for Coast Guard implementation, including interim milestones and timeframes, of any recommendation made by the Comptroller General under subsection (a)(2)(B) with which the Commandant concurs.
With respect to any recommendation made under subsection (a)(2)(B) with which the Commandant does not concur, an explanation of the reasons why the Commandant does not concur.
Comprehensive policy and procedures on retention and access to evidence and records relating to sexual misconduct and other misconduct
(a) In general
Subchapter II of of title 14, United States Code, is amended by adding at the end the following: chapter 9
In general
Comprehensive policy and procedures on retention and access to evidence and records relating to sexual misconduct and other misconduct
(a) Issuance of policy
Not later than 1 year after the date of enactment of the , the Secretary, in consultation with the Office of the Inspector General of the department in which the Coast Guard is operating and the Office of the Inspector General of the Department of Defense, shall issue a comprehensive policy for the Coast Guard on the retention of and access to evidence and records relating to covered misconduct involving members of the Coast Guard.
Issuance of policy
(b) Objectives
The comprehensive policy required by subsection (a) shall revise existing policies and procedures, including systems of records, as necessary to ensure preservation of such evidence and records for periods sufficient—
Objectives
to ensure that members of the Coast Guard who were victims of covered misconduct are able to pursue claims for veterans benefits;
to support administrative processes, criminal proceedings, and civil litigation conducted by military or civil authorities; and
for such other purposes relating to the documentation of an incident of covered misconduct in the Coast Guard as the Secretary considers appropriate.
(c) Elements
Elements
(1) In general
In developing the comprehensive policy required by subsection (a), the Secretary shall, at a minimum—
In general
identify records relating to an incident of covered misconduct that shall be retained;
with respect to records relating to covered misconduct involving members of the Coast Guard that are not records of the Coast Guard, identify such records known to or in the possession of the Coast Guard, and set forth procedures for Coast Guard coordination with the custodian of such records for proper retention of the records;
set forth criteria for the collection and retention of records relating to covered misconduct involving members of the Coast Guard;
identify physical evidence and nondocumentary forms of evidence relating to covered misconduct that shall be retained;
set forth the period for which evidence and records relating to covered misconduct involving members of the Coast Guard, including Coast Guard Form 6095, shall be retained, except that—
(i) any physical or forensic evidence relating to rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice), shall be retained not less than 50 years, and for other covered misconduct not less than the statute of limitations of the alleged offense under the Uniform Code of Military Justice; and
Section 1902 of title 14, United States Code, is further amended by adding at the end the following:
Consideration of request for transfer of a cadet at the Coast Guard Academy who is the victim of a sexual assault or related offense
(g) Consideration of request for transfer of cadet who is the victim of sexual assault or related offense
Consideration of request for transfer of cadet who is the victim of sexual assault or related offense
(1) In general
The Commandant shall provide for timely consideration of and action on a request submitted by a cadet appointed to the Coast Guard Academy who is the victim of an alleged sexual assault or other offense covered by section 920, 920c, or 930 of title 10 (article 120, 120c, or 130 of the Uniform Code of Military Justice) for transfer to another military service academy or to enroll in a Senior Reserve Officers’ Training Corps program affiliated with another institution of higher education.
In general
(2) Regulations
The Commandant, in consultation with the Secretary of Defense, shall establish policies to carry out this subsection that—
Regulations
provide that the Superintendent shall ensure that any cadet who has been appointed to the Coast Guard Academy is informed of the right to request a transfer pursuant to this subsection, and that any formal request submitted by a cadet who alleges an offense referred to in paragraph (1) is processed as expeditiously as practicable through the chain of command for review and action by the Superintendent;
direct the Superintendent, in coordination with the Superintendent of the military service academy to which the cadet requests to transfer—
(i) to take action on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the cadet;
(ii) to approve such request for transfer unless there are exceptional circumstances that require denial of the request;
(iii) upon approval of such request for transfer, to take all necessary and appropriate action to effectuate the transfer of the cadet to the military service academy concerned as expeditiously as possible, subject to the considerations described in clause (iv); and
(iv) in determining the transfer date of the cadet to the military service academy concerned, to take into account—
the preferences of the cadet, including any preference to delay transfer until the completion of any academic course in which the cadet is enrolled at the time of the request for transfer; and
the well-being of the cadet; and
direct the Superintendent of the Coast Guard Academy, in coordination with the Secretary of the military department that sponsors the Senior Reserve Officers’ Training Corps program at the institution of higher education to which the cadet requests to transfer—
(i) to take action on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the cadet;
Designation of officers with particular expertise in military justice or healthcare.
(c) Conforming amendments
Conforming amendments
Section 2102(a) of title 14, United States Code, is amended, in the second sentence by striking and officers of the permanent commissioned teaching staff of the Coast Guard Academyand inserting officers of the permanent commissioned teaching staff of the Coast Guard Academy, and officers designated by the Secretary pursuant this section.
Subsection (e) of section 2103 of title 14, United States Code, is amended to read as follows:
(e) Secretary To prescribe numbers for certain officers
The Secretary shall prescribe the number of officers authorized to be serving on active duty in each grade of—
Secretary To prescribe numbers for certain officers
the permanent commissioned teaching staff of the Coast Guard Academy;
the officers designated by the Secretary pursuant to this section; and
the officers of the Reserve serving in connection with organizing, administering, recruiting, instructing, or training the reserve components.
Section 2126 of title 14, United States Code, is amended, in the second sentence, by inserting after .
Section 3736(a) of title 14, United States Code, is amended—
Subchapter I of of title 14, United States Code, is further amended by adding at the end the following: chapter 19
In general
Safe-to-Report policy for Coast Guard
(a) In general
Not later than 90 days after the date of enactment of the , the Commandant shall, in consultation with the Secretaries of the military departments, establish and maintain a safe-to-report policy described in subsection (b) that applies with respect to all members of the Coast Guard (including members of the reserve and auxiliary components of the Coast Guard), cadets at the Coast Guard Academy, and any other individual undergoing training at an accession point of the Coast Guard.
In general
(b) Safe-to-Report policy
The safe-to-report policy described in this subsection is a policy that—
Safe-to-Report policy
prescribes the handling of minor collateral misconduct, involving a member of the Coast Guard who is the alleged victim or reporting witness of a sexual assault; and
applies to all such individuals, regardless of—
to whom the victim makes the allegation or who receives the victim’s report of sexual assault; or
whether the report, investigation, or prosecution is handled by military or civilian authorities.
(c) Mitigating and aggravating circumstances
In issuing the policy under subsection (a), the Commandant shall specify mitigating circumstances that decrease the gravity of minor collateral misconduct or the impact of such misconduct on good order and discipline and aggravating circumstances that increase the gravity of minor collateral misconduct or the impact of such misconduct on good order and discipline for purposes of the safe-to-report policy.
Mitigating and aggravating circumstances
(d) Tracking of collateral misconduct incidents
In conjunction with the issuance of the policy under subsection (a), the Commandant shall develop and implement a process to anonymously track incidents of minor collateral misconduct that are subject to the safe-to-report policy.
Tracking of collateral misconduct incidents
(e) Minor collateral misconduct defined
In this section, the term minor collateral misconduct means any minor misconduct that is potentially punishable under of title 10 that— chapter 47
Minor collateral misconduct defined
is committed close in time to or during a sexual assault and directly related to the incident that formed the basis of the allegation of sexual assault allegation;
is discovered as a direct result of the report of sexual assault or the ensuing investigation into such sexual assault; and
Modification of reporting requirements on covered misconduct in Coast Guard
(a) Assessment of policy on covered misconduct
Section 1902 of title 14, United States Code, is further amended—
Assessment of policy on covered misconduct
in the section heading by striking and inserting ; and
by striking subsections (c) through (e) and inserting the following:
(c) Assessment
Assessment
(1) In general
The Commandant shall direct the Superintendent of the Coast Guard Academy to conduct at the Coast Guard Academy during each Academy program year an assessment to determine the effectiveness of the policies of the Academy with respect to covered misconduct involving cadets or other military or civilian personnel of the Academy.
In general
(2) Biennial survey
For the assessment at the Academy under paragraph (1) with respect to an Academy program year that begins in an odd-numbered calendar year, the Superintendent shall conduct a survey of cadets and other military and civilian personnel of the Academy—
Biennial survey
to measure the incidence, during such program year—
(i) of covered misconduct events, on or off the Academy campus, that have been reported to an official of the Academy;
(ii) of covered misconduct events, on or off the Academy campus, that have not been reported to an official of the Academy; and
(iii) of retaliation related to a report of a covered misconduct event, on or off the Academy campus; and
to assess the perceptions of the cadets and other military and civilian personnel of the Academy with respect to—
(i) the Academy’s policies, training, and procedures on covered misconduct involving cadets and other military and civilian personnel of the Academy;
(ii) the enforcement of such policies;
(iii) the incidence of covered misconduct involving cadets and other military and civilian personnel of the Academy; and
(iv) any other issues relating to covered misconduct involving cadets and other military and civilian personnel of the Academy.
(d) Report
Report
(1) In general
Not earlier than 1 year after the date of enactment of the , and each March 1 thereafter through March 1, 2031, the Commandant shall direct the Superintendent to submit to the Commandant a report on incidents of covered misconduct and retaliation for reporting of covered misconduct involving cadets or other military and civilian personnel of the Academy.
In general
(2) Elements
Elements
(A) In general
Each report required under paragraph (1) shall include the following:
Modifications to the officer involuntary separation process
(a) Review of records
Section 2158 of title 14, United States Code, is amended in the matter preceding paragraph (1) by striking may at any time convene a board of officersand inserting shall prescribe, by regulation, procedures.
Review of records
(b) Boards of inquiry
Section 2159(c) of title 14, United States Code, is amended by striking send the record of its proceedings to a board of reviewand inserting recommend to the Secretary that the officer not be retained on active duty.
Boards of inquiry
(c) Repeal of boards of review
Section 2160 of title 14, United States Code, is repealed.
Repeal of boards of review
(d) Technical and conforming amendments
Technical and conforming amendments
Title 14, United States Code, is amended—
in section 2161 by striking each place it appears and inserting section 2158 or 2159;
in section 2163, in the first sentence by striking board of review under section 2160 of this titleand inserting board of inquiry under section 2159 of this title; and
in section 2164(a), in the matter preceding paragraph (1), by striking .
The analysis at the beginning of of title 14, United States Code, is amended by striking the item relating to section 2160. chapter 21
Subchapter I of of title 14, United States Code, is further amended by adding at the end the following: chapter 25
In general
Review of discharge characterization
(a) Downgrade
Downgrade
(1) In general
The decision to conduct a case review under this section shall be at the discretion of the Secretary of the department in which the Coast Guard is operating.
In general
(2) Board of review
In addition to the requirements of section 1553 of title 10, a board of review for a former member of the Coast Guard established pursuant to such section and under part 51 of title 33, Code of Federal Regulations (as in effect on the date of enactment of the ), may upon a motion of the board and subject to review by the Secretary of the department in which the Coast Guard is operating, downgrade an honorable discharge to a general (under honorable conditions) discharge upon a finding that a former member of the Coast Guard, while serving on active duty as a member of the armed forces, committed sexual assault or sexual harassment in violation of section 920, 920b, or 934 of title 10 (article 120, 120b, or 134 of the Uniform Code of Military Justice).
Board of review
(3) Evidence
Any downgrade under paragraph (2) shall be supported by clear and convincing evidence.
Evidence
(4) Limitation
The review board under paragraph (2) may not downgrade a discharge of a former member of the Coast Guard if the same action described in paragraph (2) was considered prior to separation from active duty by an administrative board in determining the characterization of discharge as otherwise provided by law and in accordance with regulations prescribed by the Secretary of the department in which the Coast Guard is operating.
Limitation
(b) Procedural rights
Procedural rights
(1) In general
A review by a board established under section 1553 of title 10 and under part 51 of title 33, Code of Federal Regulations (as in effect on the date of enactment of the ), shall be based on the records of the Coast Guard, and with respect to a member who also served in another one of the armed forces, the records of the armed forces concerned and such other evidence as may be presented to the board.
In general
(2) Evidence by witness
A witness may present evidence to the board in person or by affidavit.
Evidence by witness
(3) Appearance before board
A person who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under of title 38. chapter 59
Subchapter I of of title 14, United States Code, is further amended by adding at the end the following: chapter 25
In general
In this title, the term covered misconduct means—
Covered misconduct defined
rape and sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice);
sexual harassment, as described in Executive Order 14062 dated January 26, 2022, and enumerated under section 934 of title 10 (article 134 of the Uniform Code of Military Justice);
abusive sexual contact and aggravated sexual contact, as described in sections 920(c) and 920(d) of title 10 (articles 120(c) and 120(d) of the Uniform Code of Military Justice);
wrongful broadcast, dissemination, or creation of content as described in sections 917 and 920c of title 10 (articles 117a and 120c of the Uniform Code of Military Justice);
the child pornography offenses as described in section 934 of title 10 (article 134 of the Uniform Code of Military Justice);
rape and sexual assault of a child, other sexual misconduct, and stalking, as described in sections 920b, 920c(a), and 930 of title 10 (articles 120b, 120c, and 130 of the Uniform Code of Military Justice); and
domestic violence, as described in section 928b of title 10 (article 128b of the Uniform Code of Military Justice).
(b) Clerical amendment
The analysis for of title 14, United States Code, is further amended by adding at the end the following: chapter 25
Notification of changes to Uniform Code of Military Justice or Manual for Courts Martial relating to covered misconduct
(a) In general
of title 14, United States Code, is further amended by adding at the end the following: Chapter 51
In general
Beginning on March 30, 2026, and annually thereafter, the Commandant shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with respect to each of the following:
Notification of changes to Uniform Code of Military Justice or Manual for Courts Martial relating to covered misconduct
Whether the Uniform Code of Military Justice ( of title 10) has been amended— chapter 47
to add any sex-related offense as a new article; or
to remove an article relating to covered misconduct described in any of paragraphs (1) through (7) of section 301.
Whether the Manual for Courts Martial has been modified—
to add any sex-related offense as an offense described under an article of the Uniform Code of Military Justice; or
to remove as an offense described under an article of the Uniform Code of Military Justice covered misconduct described in any of paragraphs (1) through (7) of section 301.
(b) Clerical amendment
The analysis for of title 14, United States Code, is amended by adding at the end the following: chapter 51
Section 1562a of title 10, United States Code, is amended—
Complaints of retaliation by victims of sexual assault or sexual harassment and related persons
in subsection (a)—
by striking and inserting the following:
(1) In general
The Secretary of Defense shall
In general
by adding at the end the following:
(2) Coast Guard
The Secretary of the department in which the Coast Guard is operating shall designate the Commandant of the Coast Guard to be responsible for carrying out the requirements of this section with respect to members of the Coast Guard when the Coast Guard is not operating as a service in the Navy.
Coast Guard
in subsection (b)—
in the matter preceding paragraph (1) by inserting after ;
in paragraph (8) by inserting before the period at the end ; and
in paragraph (4) by striking ; and
in subsection (c)(2)—
in subparagraph (A) by inserting before ;
in subparagraph (D) by striking militaryand inserting armed force; and
Development of policies on military protective orders
(1) In general
Not later than 180 days after the date of enactment of this Act, the Commandant shall issue updated policies of the Coast Guard relating to military protective orders that are consistent with the law and policies of the Department of Defense.
In general
(2) Elements
The policies developed under paragraph (1) shall require—
Elements
that any denial of a request for a military protective order shall include a written explanation for the denial, which shall be—
(i) forwarded to the next flag officer in the chain of command of the commanding officer or other approving authority who denied the request; and
(ii) provided to the member who submitted the request; and
the recusal of an approving authority from participating in the granting or denying of a military protective order, if such authority was, at any time—
(i) the subject of a complaint of any form of assault, harassment, or retaliation filed by the member requesting the military protective order or the member who is the subject of the military protective order; or
(ii) associated with the member requesting the military protective order or the member who is the subject of the military protective order in a manner that presents as an actual or apparent conflict of interest.
(3) Notification requirement
The Commandant shall develop a policy to ensure that sexual assault response coordinators, victim advocates, and other appropriate personnel shall inform victims of the process by which the victim may request an expedited transfer, a no-contact order, or a military or civilian protective order.
Coast Guard implementation of independent review commission recommendations on addressing sexual assault and sexual harassment in the military
(a) In general
Not later than 180 days after the date of enactment of this Act, the Commandant shall review the report of the Independent Review Commission titled referred to in the memorandum of the Department of Defense titled , dated September 22, 2021, (relating to commencing Department of Defense actions and implementation of the recommendations of the Independent Review Commission to address sexual assault and sexual harassment in the military). Hard Truths and the Duty to Change: Recommendations from the Independent Review Commission on Sexual Assault in the MilitaryMemorandum for Senior Pentagon Leadership Commanders of the Combatant Commands Defense Agency and DoD Field Activity Directors
In general
(b) Strategy and action plan
On completion of the review required under subsection (a), and not later than 1 year after the date of enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a strategy and action plan that—
Strategy and action plan
(1)
identifies any recommendation set forth in the report by the Independent Review Commission described in subsection (a) that addresses a matter that is not within the jurisdiction of the Coast Guard, does not apply to the Coast Guard, or otherwise would not be beneficial to members of the Coast Guard, as determined by the Commandant; and
includes a brief rationale for such determination; and
with respect to each recommendation set forth in such report that is not identified under paragraph (1), includes—
(A)
(i) a detailed action plan for implementation of the recommendation;
(ii) a description of changes the Commandant will make to associated Coast Guard policies so as to enable the implementation of the recommendation;
(iii) an estimated timeline for implementation of the recommendation;
(iv) the estimated cost of the implementation;
(v) legislative proposals for such implementation, as appropriate; and
(vi) any other information the Commandant considers appropriate; or
in the case of such a recommendation that the Commandant is unable to implement, an explanation of the reason the recommendation cannot be implemented.
(c) Briefing
Not later than 90 days after the date of enactment of this Act, and every 180 days thereafter through 2028, the Commandant shall provide the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with a briefing on the status of the implementation of this section and any modification to the strategy and plan submitted under subsection (b).
Policy relating to care and support of victims of covered misconduct
(a) In general
Not later than 180 days after the date of enactment of this Act, the Commandant shall issue Coast Guard policy relating to the care and support of members of the Coast Guard who are alleged victims covered misconduct.
In general
(b) Elements
The policy required by subsection (a) shall require, to the maximum extent practicable, that—
Elements
a member of the Coast Guard who is an alleged victim of covered misconduct and discloses such covered misconduct to the appropriate individual of the Coast Guard responsible for providing victim care and support—
shall receive care and support from such individual; and
such individual shall not deny or unreasonably delay providing care and support; and
in the case of such an alleged victim to whom care and support cannot be provided by the appropriate individual contacted by the alleged victim based on programmatic eligibility criteria or any other reason that affects the ability of such appropriate individual to provide care and support (such as being stationed at a remote unit or serving on a vessel currently underway) the alleged victim shall receive, with the permission of the alleged victim—
an in-person introduction to appropriate service providers, for which the alleged victim is physically present, which shall occur at the discretion of the alleged victim; and
access to follow-up services from the appropriate 1 or more service providers.
(c) Applicability
The policy issued under subsection (a) shall apply to—
Applicability
all Coast Guard personnel responsible for the care and support of victims of covered misconduct; and
any other Coast Guard personnel the Commandant considers appropriate.
(d) Revision of policy relating to domestic abuse
Not later than 180 days after the date of enactment of this Act, the Commandant shall issue or revise any Coast Guard policy or process relating to domestic abuse so as to define the term to have the meaning given such term in section 930 of title 10, United States Code. intimate partner
Revision of policy relating to domestic abuse
(e) Training
Training
(1) In general
All Coast Guard personnel responsible for the care and support of members of the Coast Guard who are alleged victims of covered misconduct shall receive training in accordance with professional standards of practice to ensure that such alleged victims receive adequate care that is consistent with the policy issued under subsection (a).
Establishment of special victim capabilities to respond to allegations of certain special victim offenses
(a) In general
Section 573 of the National Defense Authorization Act for Fiscal Year 2013 ( note) is amended— 10 U.S.C. 1561
In general
in subsection (a)—
by inserting after ; and
by striking Secretary of each military departmentand inserting Secretary concerned;
in subsection (b) by striking or Air Force Office of Special Investigationsand inserting , Air Force Office of Special Investigations, or Coast Guard Investigative Services;
in subsection (c) by inserting after ;
in subsection (d)—
in paragraph (1)—
(i) by inserting after ; and
(ii) by inserting after ;
in paragraph (2) by inserting after ; and
by adding at the end the following:
(h) Time for establishment for Coast Guard
Not later than 120 days after the date of enactment of the , the Secretary of the department in which the Coast Guard is operating, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing all the items described in subsections (e) and (f) as applied to the Coast Guard.
Time for establishment for Coast Guard
(b) Briefing
Not later than 270 days after the date of enactment of this Act, the Commandant shall provide the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with a briefing on the Commandant’s assessment and implementation, as appropriate, of the recommendations included in the Center for Naval Analyses report titled , issued in June 2024, including— Assessing the USCG’s Special Victims’ Counsel Program
Briefing
the implementation status of each adopted recommendation, as appropriate;
for each adopted recommendation, a description of actions taken to implement such recommendation;
in the case of an adopted recommendation that has not been fully implemented—
a description of actions taken or planned to address such recommendation;
an estimated completion date; and
a description of the milestones necessary to complete the recommendation;
a description of any recommendation that will not be adopted and an explanation of the reason the recommendation will not be adopted;
a description of the metrics and milestones used to ensure completion and effectiveness of each adopted recommendation;
Section 2516 of title 14, United States Code, is amended—
Members asserting post-traumatic stress disorder, sexual assault, or traumatic brain injury
in subsection (a)—
in paragraph (1)—
(i) by striking ; and
(ii) by striking or based on such sexual assault, the influence ofand inserting the signs and symptoms of either;
by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively;
by inserting after paragraph (1) the following:
(2) Mental, behavioral, or emotional disorder
A member of the Coast Guard who has been sexually assaulted during the preceding 5-year period and who alleges, based on such sexual assault, the signs and symptoms of a diagnosable mental, behavioral, or emotional disorder described within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association—
Mental, behavioral, or emotional disorder
is provided the opportunity to request a medical examination to clinically evaluate such signs and symptoms; and
receives such a medical examination to evaluate a diagnosis of post-traumatic stress disorder, traumatic brain injury, or diagnosable mental, behavioral, or emotional disorder described within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
in paragraph (3) by striking paragraph (1)and inserting this subsection; and
in paragraph (4), as so redesignated—
(i) by inserting before ;
(ii) by inserting after ; and
(iii) by striking subparagraphs (A) and (B) and inserting the following:
a board-certified psychiatrist;
a licensed doctorate-level psychologist;
any other appropriate licensed or certified healthcare professional designated by the Commandant; or
a psychiatry resident or board-eligible psychologist who—
(i) has completed a 1-year internship or residency; and
(ii) is under the close supervision of a board-certified psychiatrist or licensed doctorate-level psychologist.
in subsection (b) by inserting after ; and
by adding at the end the following:
(e) Notification of right to request medical examination
Notification of right to request medical examination
(1) In general
Any member of the Coast Guard who receives a notice of involuntary administrative separation shall be advised at the time of such notice of the right of the member to request a medical examination under subsection (a) if any condition described in such subsection applies to the member.
The Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy, acting through the Commandant, shall ensure the participation of the Coast Guard in the Catch a Serial Offender program (referred to in this section as the ) of the Department of Defense established in accordance with section 543 of the Carl Levin and Howard P. McKeon National Defense Authorization Act for Fiscal Year 2015 (). CATCH programBuck Public Law 113–291
In general
(b) Memorandum of understanding
Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating and the Secretary of Defense shall finalize a memorandum of agreement to facilitate Coast Guard access to and participation in the CATCH program.
Accountability and transparency relating to allegations of misconduct against senior leaders
(a) In general
Subchapter II of of title 14, United States Code, is amended by redesignating section 2521 as section 2531. chapter 25
In general
(b) Accountability and transparency relating to allegations of misconduct against senior leaders
Subchapter I of of title 14, United States Code, is further amended by adding at the end the following: chapter 25
Accountability and transparency relating to allegations of misconduct against senior leaders
(a) In general
Not later than 90 days after the date of enactment of the , the Secretary shall establish a policy to improve oversight, investigations, accountability, and public transparency regarding alleged misconduct of senior leaders of the Coast Guard.
In general
(b) Elements
The policy required by subsection (a)—
Elements
shall require that—
any allegation of alleged misconduct made against a senior leader of the Coast Guard shall be reported to the Office of the Inspector General of the department in which the Coast Guard is operating not later than 72 hours after the allegation is reported to the Coast Guard or the department in which the Coast Guard is operating; and
the Inspector General of the department in which the Coast Guard is operating shall notify the head of the Coast Guard office in which the senior leader is serving with respect to the receipt of such allegation, or, in a case where the senior leader is the head of such Coast Guard office, the next in the chain of command, as appropriate, except in a case in which the Inspector General determines that such notification would risk impairing an ongoing investigation, would unnecessarily compromise the anonymity of the individual making the allegation, or would otherwise be inappropriate; and
to the extent practicable, shall be consistent with Department of Defense directives, including Department of Defense Directive 5505.06.
(c) First right to exclusive investigation
The Inspector General of the department in which the Coast Guard is operating—
First right to exclusive investigation
shall have the first right to investigate an allegation described in subsection (b)(1)(A); and
in cases with concurrent jurisdiction involving an allegation described in subsection (b)(1)(A), may investigate such an allegation to the exclusion of any other Coast Guard criminal or administrative investigation if the Inspector General determines that an exclusive investigation is necessary to maintain the integrity of the investigation.
Section 1561b of title 10, United States Code, is amended—
Confidential reporting of sexual harassment
in subsection (a)—
by inserting after ; and
by inserting after ;
in subsection (c)—
by inserting after ; and
in paragraph (1) by inserting after ; and
by adding at the end the following:
(e) Reports for the Coast Guard
Reports for the Coast Guard
(1) In general
Not later than April 30, 2025, and April 30 every 2 years thereafter, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing data on the complaints of sexual harassment alleged pursuant to the process under subsection (a) during the previous 2 calendar years.
In general
(2) Personally identifiable information
Any data on complaints described in paragraph (1) shall not contain any personally identifiable information.
Not later than 90 days after the date of enactment of this Act, the Commandant shall submit to the Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the policy of the Coast Guard on whistleblower protections.
In general
(b) Elements
The report required by subsection (a) shall include the following:
Elements
A discussion of the policy of the Coast Guard as of the date of enactment of this Act with respect to—
whistleblower protections;
accountability measures for reprisal against whistleblowers;
the applicable professional standards and potential types of support provided to whistleblowers by members of the Coast Guard personnel, such as the members in the Coast Guard Investigative Service; and
the content and frequency of training provided to members of the Coast Guard on active duty, members of the Coast Guard Reserve, and civilian personnel of the Coast Guard with respect to the applicable professional standards and potential types of support offered to whistleblowers.
A description of the responsibilities of commanders and equivalent civilian supervisors with respect to whistleblower complaints and measures used by the Coast Guard to ensure compliance with such responsibilities, such as—
the mechanisms to ensure that—
(i) any such commander complies with section 1034 of title 10, United States Code, including subsection (a)(1) of that section;
(ii) any such equivalent civilian supervisor complies with section 2302 of title 5, United States Code; and
(iii) any such commander or supervisor protects the constitutional right of whistleblowers to speak with Members of Congress;
actions to be taken against any a commander or equivalent civilian supervisor who fails to act on a whistleblower complaint or improperly interferes with a whistleblower after a complaint is filed or during the preparation of a complaint;
the role of Coast Guard attorneys in ensuring that such commanders comply with responsibilities under section 1034 of title 10, United States Code; and
the role of Coast Guard civilian attorneys and administrative law judges in ensuring that such civilian supervisors comply with responsibilities under section 2302 of title 5, United States Code.
A discussion of the availability of Coast Guard staff, including civilian staff, assigned to providing, in accordance with professional standards or practice, behavioral health care to whistleblowers, including—
the number and type of such staff;
a description of the specific care responsibilities of such staff;
Review and modification of Coast Guard Academy policy on sexual harassment and sexual violence
(a) In general
The Superintendent of the Coast Guard Academy (referred to in this section as the ) shall—
In general
not later than 60 days after the date of enactment of this Act, commence a review of the Coast Guard Academy policy on sexual harassment and sexual violence established in accordance with section 1902 of title 14, United States Code, that includes an evaluation as to whether any long-standing Coast Guard Academy tradition, system, process, or internal policy impedes the implementation of necessary evidence-informed best practices followed by other military service academies in prevention, response, and recovery relating to sexual harassment and sexual violence; and
not later than 180 days after the date of enactment of this Act—
complete such review; and
modify such policy in accordance with subsection (b).
(b) Modifications to policy
In modifying the Coast Guard Academy policy on sexual harassment and sexual violence referred to in subsection (a), the Superintendent shall ensure that such policy includes the following:
Modifications to policy
Each matter required to be specified by section 1902(b) of title 14, United States Code.
Updates to achieve compliance with of title 10, United States Code (Uniform Code of Military Justice). chapter 47
A description of the roles and responsibilities of staff of the Coast Guard Academy Sexual Assault Prevention, Response, and Recovery program, including—
the Sexual Assault Response Coordinator;
the Victim Advocate Program Specialist;
the Volunteer Victim Advocate; and
the Primary Prevention Specialist, as established under subsection (c).
A description of the role of the Coast Guard Investigative Service with respect to sexual harassment and sexual violence prevention, response, and recovery at the Coast Guard Academy.
A description of the role of support staff at the Coast Guard Academy, including chaplains, with respect to sexual harassment and sexual violence prevention, response, and recovery.
Measures to promote awareness of dating violence.
A delineation of the relationship between—
cadet advocacy groups organized for the prevention of, response to, and recovery from sexual harassment and sexual violence, including Cadets Against Sexual Assault; and
the staff of the Coast Guard Academy Sexual Assault Prevention, Response, and Recovery program.
A provision that requires cadets and Coast Guard Academy personnel to participate in not fewer than one in-person training each academic year on the prevention of, responses to, and resources relating to incidents of sexual harassment and sexual violence, to be provided by the staff of the Coast Guard Academy Sexual Assault Prevention, Response, and Recovery program.
Coast Guard and Coast Guard Academy access to defense sexual assault incident database
(a) Memorandum of understanding
Not later than 180 days after the date of enactment of this Act, the Commandant, in consultation with the Secretary of Defense, shall enter into a memorandum of understanding to enable the criminal offender case management and analytics database of the Coast Guard to have system interface access with the Defense Sexual Assault Incident Database (referred to in this section as the ) established by section 563 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( note). 10 U.S.C. 1561
Memorandum of understanding
(b) Plan
Plan
(1) In general
Not later than 60 days after entering into the memorandum of understanding required under subsection (a), the Commandant, in consultation with the Secretary of Defense, shall submit to the appropriate committees of Congress a plan to carry out the terms of such memorandum.
In general
(2) Elements
The plan required under paragraph (1) shall include the following:
Elements
Measures to ensure that authorized staff of the Coast Guard have system interface access to the Database, and a description of any barrier to such access.
Measures to ensure that authorized staff of the Coast Guard Academy have system interface access to the Database, and a description of any barrier to such access that is unique to the Coast Guard Academy.
Measures to facilitate formal or informal communication between the Coast Guard and the Sexual Assault Prevention and Response Office of the Department of Defense, or any other relevant Department of Defense component, to identify or seek a resolution to barriers to Database access.
A description of the steps, measures, and improvements necessary to remove any barrier encountered by staff of the Coast Guard or the Coast Guard Academy in accessing the Database, including any failure of system interface access necessitating manual entry of investigative data.
An assessment of the technical challenges, timeframes, and costs associated with providing authorized staff of the Coast Guard and the Coast Guard Academy with system interface access for the Database that is substantially similar to such system interface access possessed by other branches of the Armed Forces.
(3) Appropriate committees of congress defined
In this subsection, the term appropriate committees of Congress means—
Appropriate committees of congress defined
the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate; and
the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives.
of title 14, United States Code, is further amended by adding at the end the following: Chapter 3
In general
Director of Coast Guard Investigative Service
(a) In general
There shall be a Director of the Coast Guard Investigative Service.
In general
(b) Chain of command
The Director of the Coast Guard Investigative Service shall report directly to and be under the general supervision of the Commandant, acting through the Vice Commandant of the Coast Guard.
Chain of command
(b) Clerical amendment
The analysis for of title 14, United States Code, is further amended by inserting after the item relating to section 326 the following: Chapter 3
Modifications and revisions relating to reopening retired grade determinations
(a) In general
Section 2501(d)(2) of title 14, United States Code, is amended—
In general
in subparagraph (B) by inserting before ;
by redesignating subparagraphs (C) through (E) as subparagraphs (F) through (H), respectively; and
by inserting after subparagraph (B) the following:
substantial evidence comes to light that, during the commissioned service of the officer, the officer failed to carry out applicable laws, with an intent to deceive or defraud;
substantial evidence comes to light after the retirement that the officer committed rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice) at any time during the commissioned service of the officer;
substantial evidence comes to light after the retirement that the commissioned officer knew of and failed to report through proper channels, in accordance with existing law at the time of the alleged incident, any known instances of sexual assault by a member of the Coast Guard under the command of the officer during the officer’s service;
(b) Issuance and revision of regulations relating to good cause to reopen retired grade determinations
Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall issue or revise, as applicable, and at the discretion of the Secretary consistent with this section, regulations of the Coast Guard to do the following:
Issuance and revision of regulations relating to good cause to reopen retired grade determinations
Define what constitutes good cause to reopen a retired grade determination referred to in subparagraph (H) of section 2501(d)(2) of title 14, United States Code, as redesignated by subsection (a), to ensure that the following shall be considered good cause for such a reopening:
Circumstances that constitute a failure to carry out applicable laws regarding a report of sexual assault with an intent to deceive by a commissioned officer, that relate to a response made to a report of sexual assault, during the commissioned service of the officer.
Substantial evidence of sexual assault by the commissioned officer concerned, at any time during the commissioned service of such officer, or such evidence that was not considered by the Coast Guard in a manner consistent with law.
Identify the standard for making, and the evidentiary showing required to support, an adverse determination on the retired grade of a commissioned officer.
(c) Revision of limitations on reopening retired grade determinations
Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall revise applicable guidance in section K.10 of chapter 3 of Commandant Instruction 1000.4A to remove any restriction that limits the ability to reopen the retired grade of a commissioned officer based on—
Inclusion and command review of information on covered misconduct in personnel service records
(a) In general
Subchapter I of of title 14, United States Code, is further amended by adding at the end the following: chapter 25
Inclusion and command review of information on covered misconduct in personnel service records
(a) Information on reports on covered misconduct
Information on reports on covered misconduct
(1) In general
If a complaint of covered misconduct is made against a member of the Coast Guard and the member is convicted by court-martial or receives nonjudicial punishment or punitive administrative action for such covered misconduct, a notation to that effect shall be placed in the personnel service record of the member, regardless of the grade of the member.
In general
(2) Purpose
The purpose of the inclusion of information in personnel service records under paragraph (1) is to alert supervisors and commanders to any member of their command who has received a court-martial conviction, nonjudicial punishment, or punitive administrative action for covered misconduct in order—
Purpose
to reduce the likelihood that repeat offenses will escape the notice of supervisors and commanders; and
to help inform commissioning or promotability of the member;
(3) Limitation on placement
A notation under paragraph (1) may not be placed in the restricted section of the personnel service record of a member.
Limitation on placement
(4) Construction
Nothing in this subsection may be construed to prohibit or limit the capacity of a member of the Coast Guard to challenge or appeal the placement of a notation, or location of placement of a notation, in the personnel service record of the member in accordance with procedures otherwise applicable to such challenges or appeals.
Construction
(b) Command review of history of covered misconduct
Command review of history of covered misconduct
(1) In general
Under policy to be prescribed by the Secretary, the commanding officer of a unit or facility to which a covered member is assigned or transferred shall review the history of covered misconduct as documented in the personnel service record of a covered member in order to become familiar with such history of the covered member.
In general
(2) Covered member defined
In this subsection, the term covered member means a member of the Coast Guard who, at the time of assignment or transfer as described in paragraph (1), has a history of 1 or more covered misconduct offenses as documented in the personnel service record of such member or such other records or files as the Commandant shall specify in the policy prescribed under subparagraph (A).
Flag officer review of, and concurrence in, separation of members who have reported sexual misconduct
(a) Policy to require review of certain proposed involuntary separations
Not later than 120 days after the date of enactment of this Act, the Commandant shall establish, with respect to any proposed involuntary separation under of title 10, United States Code, a Coast Guard policy to review the circumstances of, and grounds for, such a proposed involuntary separation of any member of the Coast Guard who— chapter 59
Policy to require review of certain proposed involuntary separations
made a restricted or unrestricted report of covered misconduct (as such term is defined in section 2519 of title 14, United States Code);
within 2 years after making such a report, is recommended for involuntary separation from the Coast Guard; and
requests the review on the grounds that the member believes the recommendation for involuntary separation from the Coast Guard was initiated in retaliation for making the report.
(b) Recusal
Recusal
(1) In general
The policy established under subsection (a) shall set forth a process for the recusal of commanding officers and the flag officer described in subsection (c)(2) from making initial or subsequent decisions on proposed separations or from reviewing proposed separations.
In general
(2) Criteria
The recusal process established under paragraph (1) shall specify criteria for recusal, including mandatory recusal from making a decision on a proposed separation, and from reviewing a proposed separation, if the commanding officer or the flag officer described in subsection (c)(2) was, at any time—
Criteria
the subject of a complaint of any form of assault, harassment, or retaliation, filed by the member of the Coast Guard described in subsection (a) who is the subject of a proposed involuntary separation or whose proposed separation is under review; or
associated with the individual suspected or accused of perpetrating the incident of covered misconduct reported by such member.
(c) Concurrence of flag officer required
Concurrence of flag officer required
(1) In general
The policy established under subsection (a) shall require the concurrence of the flag officer described in paragraph (2) in order to separate the member of the Coast Guard described in such subsection.
In general
(2) Flag officer described
Flag officer described
(A) In general
Except as provided in subparagraph (B), the flag officer described in this paragraph is—
Expedited transfer in cases of sexual misconduct or domestic violence
(a) Expedited transfer policy update
Not later than 180 days after the date of enactment of this Act, the Commandant shall update Coast Guard policy as necessary to implement—
Expedited transfer policy update
an expedited transfer process for covered individuals consistent with—
Department of Defense policy on expedited transfers of victims of sexual assault or domestic violence in place on the date of enactment of this Act; and
subsection (b); and
a process by which—
a covered individual, the commanding officer of a covered individual, or any other Coast Guard official may initiate a request that a subject be administratively assigned to another unit in accordance with military assignments and authorized absence policy for the duration of the investigation and, if applicable, prosecution of such subject;
the Coast Guard shall ensure that any administrative assignment action in response to a request under subparagraph (A) will be taken not as a punitive measure, but solely for the purpose of maintaining good order and discipline within the unit of the covered individual or the subject; and
protection of due process for the subject is preserved.
(b) Recusal
The expedited transfer process implemented under this section shall require the recusal of any official involved in the approval or denial of an expedited transfer request if the official was, at any time—
Recusal
the subject of a complaint of any form of assault, harassment, or retaliation, or any other type of complaint, filed by the covered individual; or
associated, beyond workplace interactions, with the subject in a manner that may present an actual or apparent conflict of interest.
(c) Notification requirement
With respect to a member of the Coast Guard who makes an unrestricted report of sexual assault or a report of domestic violence, the updated policy required under subsection (a) shall specify the appropriate officials of the Coast Guard who shall provide such member with information regarding expedited transfer authority.
Notification requirement
(d) Report
Report
(1) Initial report
Not later than March 1 of the year that is not less than 1 year after the date on which the updates required under subsection (a) are completed, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, as an enclosure or appendix to the report required by section 5112 of title 14, United States Code, a report on such updates that includes—
Access to temporary separation program for victims of alleged sex-related offenses
(a) In general
Not later than 180 days after the date of enactment of this Act, the Commandant shall update the Coast Guard policy relating to temporary separation of members of the Coast Guard who are victims of alleged sex-related offenses as required under subsection (b).
In general
(b) Eligibility
The updated policy required under subsection (a) shall include—
Eligibility
a provision that allows a member of the Coast Guard to request to participate in the temporary separation program if the member has reported, in an unrestricted format or to the greatest extent practicable, a restricted format, being the victim of an alleged sex-related offense on a date that is during—
the 5-year period preceding the requested date of separation; and
the military service of the member;
a provision that provides eligibility for a member of the Coast Guard to request temporary separation if the member has reported being the victim of an alleged sex-related offense, even if—
the member has had a previous temporary separation including a previous temporary separation as the victim of a previous unrelated alleged sex-related offense; or
the enlistment period of the member is not nearing expiration or the tour or contract of the member is not nearing completion;
an updated standard of review consistent with the application of, and purposes of, this section; and
the establishment of a process—
for eligible members to make requests for temporary separation under this section; and
that allows the Commandant to consider whether to allow a member granted temporary separation under this section to fulfill the enlistment period or tour or contract obligation of the member after the end of the temporary separation period.
(c) Exception from repayment of bonuses, incentive pay, or similar benefits and termination of remaining payments
For any temporary separation granted under the updated policy required under subsection (a), the Secretary concerned may conduct a review to determine whether to exercise discretion in accordance with section 373(b)(1) of title 37, United States Code.
Exception from repayment of bonuses, incentive pay, or similar benefits and termination of remaining payments
(d) Definitions
In this section:
Definitions
(1) Secretary concerned
The term Secretary concerned has the meaning given such term in section 101 of title 37, United States Code.
Secretary concerned
(2) Sex-related offense
The term has the meaning given such term in section 1044e(h) of title 10, United States Code.
Policy and program to expand prevention of sexual misconduct
(a) In general
Not later than 180 days after the date of enactment of this Act, the Commandant shall develop and issue a comprehensive policy for the Coast Guard to reinvigorate the prevention of misconduct involving members and civilians of the Coast Guard that contains the policy elements described in section 1561 of title 10, United States Code.
In general
(b) Programs required
Not later than 180 days after the issuance of the policy required under paragraph (1), the Commandant shall develop and implement for the Coast Guard a program to reinvigorate the prevention of misconduct involving members and civilians of the Coast Guard.
Training and education programs for covered misconduct prevention and response
(a) Modification of curriculum
Modification of curriculum
(1) In general
Not later than 2 years after the date of enactment of this Act, the Commandant shall revise the curriculum of the Coast Guard with respect to covered misconduct prevention and response training—
In general
to include—
(i) information on procedures and responsibilities with respect to reporting requirements, investigations, survivor health and safety (including expedited transfers, no-contact orders, military and civilian protective orders, and temporary separations), and whistleblower protections;
(ii) information on Department of Veterans Affairs resources available to veterans, active-duty personnel, and reserve personnel;
(iii) information on the right of any member of the Coast Guard to seek legal resources outside the Coast Guard;
(iv) general information regarding the availability of legal resources provided by civilian legal services organizations, presented in an organized and consistent manner that does not endorse any particular legal services organization; and
(v) information on the capability, operations, reporting structure, and requirements with respect to the Chief Prosecutor of the Coast Guard; and
to address the workforce training recommendations set forth in the memorandum of the Coast Guard titled , issued on November 27, 2023. Commandant’s Directed Actions—Accountability and Transparency
(2) Collaboration
In revising the curriculum under this subsection, the Commandant shall solicit input from individuals outside the Coast Guard who are experts in sexual assault and sexual harassment prevention and response training.
Collaboration
(b) Covered misconduct prevention and response training and education
Covered misconduct prevention and response training and education
(1) In general
Not later than 1 year after the date of enactment of this Act, the Commandant shall ensure that all members and civilian employees of the Coast Guard are provided with annual covered misconduct prevention and response training and education for the purpose of strengthening individual knowledge, skills, and capacity relating to the prevention of and response to covered misconduct.
In general
(2) Scope
The training and education referred to in paragraph (1)—
Scope
shall be provided as part of—
(i) initial entry and accession training;
(ii) annual refresher training;
(iii) initial and recurring training courses for covered first responders;
Comptroller General report on Coast Guard research, development, and innovation program
(a) In general
Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the state of the research, development, and innovation program of the Coast Guard during the 5-year period ending on such date of enactment.
In general
(b) Elements
The report required by subsection (a) shall include the following:
Elements
An evaluation and description of the process for selecting projects to be carried out under the research, development, and innovation program of the Coast Guard.
An analysis of the manner in which funding needs are determined and requested for such program, and for the activities and projects of such program, in alignment with the appropriate fiscal year.
An assessment of the manner in which the Coast Guard determines desired outcomes, and measures the impact, of successful projects on the execution of the operations and mission of the Coast Guard.
An assessment of the manner in which the Coast Guard evaluates impacts and benefits of partnerships between the Coast Guard and the Department of Defense and other entities, and a description of the extent to which and manner in which the Coast Guard is leveraging such benefits and identifying and managing any potential challenge.
An analysis of the manner in which the Commandant is working with partners to accelerate project transition from research, testing, evaluation, and prototype to production.
An assessment of the manner in which the authority to enter into transactions other than contracts and grants pursuant to sections 719 and 1158 of title 14, United States Code, has been exercised by the Commandant, and a description of any training or resources necessary (including additional agreements for officers and training) to more fully exercise such authority.
An evaluation of the role of the Blue Tech Center of Expertise established in section 302 of the Coast Guard Blue Technology Center of Expertise Act (). Public Law 115–265
Recommendations regarding authorization, personnel, infrastructure, and other requirements necessary for the expeditious transition of technologies developed under such program from prototype to production in the field.
(c) Consultation
In developing the report required under subsection (a), the Comptroller General may consult with—
Comptroller General review of quality and availability of Coast Guard behavioral health care and resources for personnel wellness
(a) In general
Not later than 60 days after the date of enactment of this Act, the Comptroller General of the United States shall commence a review of the quality and availability of behavioral health care and related resources for Coast Guard personnel at the locations described in subsection (b).
In general
(b) Locations to be reviewed
In conducting the review under subsection (a), the Comptroller General shall—
Locations to be reviewed
first review the practices and policies relating to the availability of behavioral health care and related resources at Training Center Cape May; and
review such practices and policies at—
the Coast Guard Academy, including Officer Candidate School; and
other Coast Guard training locations, as applicable.
(c) Elements
The review conducted under subsection (a) shall include, for each location described in subsection (b), an assessment, and a description of available trend information (as applicable) for the 10-year period preceding the date of the review, with respect to each of the following:
Elements
The nature of Coast Guard resources directed toward behavioral health services at the location.
The manner in which the Coast Guard has managed treatment for recruits, cadets, officer candidates, or other personnel who may be experiencing a behavioral health crisis at the location (including individuals who have transferred to other buildings or facilities within the location).
The extent to which the Coast Guard has identified the resources, such as physical spaces and facilities, necessary to manage behavioral health challenges and crises that Coast Guard personnel may face at the location.
The behavioral health screenings required by the Coast Guard for recruits, cadets, officer candidates, or other personnel at the location, and the manner in which such screenings compare with screenings required by the Department of Defense for military recruits, service academy cadets, officer candidates, or other personnel at military service accession points.
Whether the Coast Guard has assessed the adequacy of behavioral health resources and services for recruits, cadets, officer candidates, and other personnel at the location, and if so, the additional services and resources (such as resilience and life skills coaching), if any, needed to address any potential gaps.
The manner in which the Coast Guard manages care transfers related to behavior health at the location, including command and other management input and privacy policies.
The extent to which the Coast Guard has evaluated contributing factors or reasons for behavioral health crises experienced by newly enlisted personnel, cadets, officer candidates, or other personnel at the location.
Comptroller General study on Coast Guard efforts to reduce prevalence of missing or incomplete medical records and sharing of medical data with Department of Veterans Affairs and other entities
(a) Study
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall commence a study assessing the efforts of the Commandant—
Study
to reduce the prevalence of missing or incomplete medical records;
to share medical data of members of the Coast Guard with the Department of Veterans Affairs; and
to ensure that electronic health records are provided in a format that is user friendly and easy to access.
(b) Elements
In conducting the study under subsection (a), the Comptroller General shall review the following:
Elements
The steps the Commandant has taken to reduce the prevalence of missing or incomplete medical records of members of the Coast Guard.
How implementation of an electronic health record system has affected the ability of the Commandant to manage health records of members of the Coast Guard, including—
how the Commandant adds records from private medical providers to the electronic health record system;
the progress of the Commandant toward implementing the electronic health record system in shipboard sick bays of the Coast Guard;
how the Coast Guard shares medical records with the Department of Veterans Affairs; and
any other matter the Comptroller General considers appropriate with respect to medical record storage, use, and sharing and the associated consequences for member health and well-being.
The ability of members of the Coast Guard, medical professionals of the Coast Guard and of the Department of Defense, personnel of the Department of Veterans Affairs, and other personnel to access and search, as appropriate, the electronic health records of individuals, including the ability to search or quickly find information within electronic health records.
(c) Report
Upon completion of the study under subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the results of the study under subsection (a).
Comptroller General study on Coast Guard training facility infrastructure
(a) In general
Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall commence a study on Coast Guard training facility infrastructure, including the specific needs of the Coast Guard training facilities described in subsection (c).
In general
(b) Elements
The study required under subsection (a) shall include the following:
Elements
With respect to each Coast Guard training facility described in subsection (c)—
a summary of capital needs, including construction and repair;
a summary of equipment upgrade backlogs;
an assessment of necessary improvements, including improvements to essential training equipment (including swimming pools, operational simulators, and marksmanship training ranges) to enable the Coast Guard to achieve all operational training objectives;
a description of the resources necessary to fully address all training needs;
an assessment of any security deficiency, including with respect to base access, training facility access, and trainee berthing area access;
an identification of any exposed hazard that does not serve a training purpose;
an identification of the presence of hazardous or toxic materials, including—
(i) lead-based paint;
(ii) asbestos or products that contain asbestos;
(iii) black mold;
(iv) radon; and
(v) contaminated drinking water; and
an assessment of the need for, and estimated cost of, remediation of such toxic materials.
An evaluation of the process used by the Coast Guard to identify, monitor, and construct Coast Guard training facilities.
(c) Coast Guard training facilities described
The Coast Guard training facilities described in this subsection are the following:
Coast Guard training facilities described
The Coast Guard Academy in New London, Connecticut.
The Leadership Development Center in New London, Connecticut.
Training Center Cape May, New Jersey.
Training Center Petaluma, California.
Training Center Yorktown, Virginia.
The Maritime Law Enforcement Academy in Charleston, South Carolina.
The Special Missions Training Center at Camp Lejeune in North Carolina.
The Gulf Regional Fisheries Training Center (GRFTC) in New Orleans, Louisiana.
The North Pacific Regional Fisheries Training Center (NPRFTC) in Kodiak, Alaska.
The Northeast Regional Fisheries Training Center (NRFTC) at Cape Cod, Massachusetts.
The Southeast Regional Fisheries Training Center (SRFTC) in Charleston, South Carolina.
Comptroller General study on Coast Guard basic allowance for housing
(a) In general
Not later than 90 days after the date on which the Department of Defense issues the report on the Fourteenth Quadrennial Review of Military Compensation, the Comptroller General of the United States shall commence a study of Coast Guard involvement in, and efforts to support, the determination of the cost of adequate housing and the calculation of the basic allowance for housing under section 403 of title 37, United States Code.
In general
(b) Elements
The study required under subsection (a) shall include, to the extent practicable, the following:
Elements
An identification of Coast Guard duty locations in which there is a misalignment between the basic allowance for housing rate and the prevailing housing cost for members of the Coast Guard such that the basic allowance for housing is less than 95 percent of the monthly cost of adequate housing for such members in the corresponding military housing area.
An analysis of each of the following:
Anchor points, including—
(i) the methodology for the establishment of anchor points; and
(ii) with respect to housing provided as part of a public-private venture and Government-owned and Government-leased housing, the disparities between established anchor points and housing standards across the armed forces (as such term is defined in section 101 of title 10, United States Code).
Existing military housing boundary areas that affect the Coast Guard.
Actions taken by the Commandant to comprehensively monitor basic allowance for housing rates for Coast Guard duty locations.
The frequency of reviews conducted by the Commandant of the site visits used by the Department of Defense to inform military housing area boundaries.
(c) Report
Not later than 1 year after the date on which the study required under subsection (a) commences, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Commandant a report on the findings of the study, including any recommendation the Comptroller General considers appropriate.
Report
(d) Plan
Not later than 1 year after the date on which the report required by subsection (c) is submitted to the Commandant, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—
Plan
an implementation plan, including timeframes and milestones, addressing any recommendation made by the Comptroller General in such report, as the Commandant considers appropriate; and
Comptroller General report on safety and security infrastructure at Coast Guard Academy
(a) GAO report
GAO report
(1) In general
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the safety and security infrastructure at the Coast Guard Academy.
In general
(2) Elements
The report required under paragraph (1) shall include an assessment of each of the following:
Elements
Existing security infrastructure for the grounds, buildings, athletic facilities, and any other facility of the Coast Guard Academy, including access points, locks, surveillance, and other security methods, as appropriate.
Coast Guard policies with respect to the management, data storage and access, and operational capacity of the security infrastructure and methods evaluated under subparagraph (A).
Special security needs relating to events at the Coast Guard Academy, such as large athletic events and other widely attended events.
Coast Guard policies and procedures with respect to access to Coast Guard Academy grounds by—
(i) current or former members of the Coast Guard;
(ii) current or former civilian employees of the Coast Guard;
(iii) Coast Guard personnel that reside at the Academy and families of cadets; and
(iv) members of the public.
Existing processes by which the Commandant, the Superintendent of the Coast Guard Academy, or a designated individual may prohibit or restrict access to Coast Guard Academy grounds by any current or former member or civilian employee of the Coast Guard who—
(i) has been subject to court-martial under the Uniform Code of Military Justice for sexual misconduct; or
(ii) has been administratively disciplined for sexual misconduct.
Enforcement processes regarding access to Coast Guard Academy grounds for individuals (including current and former cadets, members, and civilian employees of the Coast Guard) who are or have been subject to a no-contact order relating to—
(i) a cadet or member of the faculty of the Academy; or
(ii) any other individual with access to Academy grounds.
Recommendations to improve—
(i) the security of the Coast Guard Academy; and
(ii) the safety of—
cadets at the Coast Guard Academy; and
members of the Coast Guard stationed at, and civilian employees of, the Coast Guard Academy.
Comptroller General study and report on permanent change of station process
(a) Study
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall commence a study to evaluate the effectiveness of the permanent change of station process of the Coast Guard.
Study
(b) Report
Report
(1) In general
Not later than 1 year after commencing the study required by subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study.
In general
(2) Elements
The report required by paragraph (1) shall include the following:
Elements
A description of the permanent change of station policies of the Coast Guard.
A description of Coast Guard spending on permanent change of station moves and associated support costs.
An evaluation of the effectiveness of using contracted movers for permanent change of station moves, including the estimated costs associated with—
(i) lost or damaged personal property of members of the Coast Guard;
(ii) delays in scheduling such a move through a contracted mover;
(iii) delayed delivery of household goods; and
(iv) other related challenges.
A review of changes to permanent change of station policies implemented during the 10-year period ending on the date of enactment of this Act, and the costs or savings to the Coast Guard directly associated with such changes.
Recommendations to improve the permanent change of station process of the Coast Guard.
Any additional information or related matter arising from the study, as the Comptroller General considers appropriate.
The USCGC procured pursuant to section 11223 of the Don Young Coast Guard Authorization Act of 2022 ( note). 14 U.S.C. 561
(2) Elements
The report required under paragraph (1) shall include, with respect to each homeporting project described in such paragraph, the following:
A description of—
(i) the status of funds appropriated for the project;
(ii) activities carried out toward completion of the project; and
(iii) activities anticipated to be carried out during the subsequent 1-year period to advance completion of the project.
An updated timeline, including key milestones, for the project.
(d) Subsequent reports
Not later than July 1 of the first calendar year after the year in which the report required under subsection (c)(1) is submitted, and each July 1 thereafter until July 2, 2031, or the date on which all projects described in subsection (c)(1) are completed, the Commandant shall issue an updated report, with respect to each Coast Guard cutter homeporting project described in subsection (b)(1) (including any such project approved on a date after the date of enactment of this Act and before the submission of the applicable report), containing each element described in subsection (b)(2).
(c) Report on capacity of coast guard base ketchikan
(1) In general
Not later than 90 days after the date of enactment of this Act, the Commandant shall complete a report detailing the cost of and time frame for expanding the industrial capacity of Coast Guard Base Ketchikan to do out of water repairs on Fast Response Cutters.
(2) Report
Not later than 120 days after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the report required under paragraph (1).
(d) Public availability
The Commandant shall publish each report issued under this section on a publicly accessible website of the Coast Guard.
(e) Homeporting project defined
In this section, the term — homeporting project
means the facility infrastructure modifications, upgrades, new construction, and real property and land acquisition associated with homeporting new or modified cutters; and
includes shoreside and waterfront facilities, cutter maintenance facilities, housing, child development facilities, and any other associated infrastructure directly required as a result of homeporting new or modified cutters.
whether there has been any decision in such fiscal year to order full-rate production before all key performance parameters or thresholds are met;
whether there has been any breach of major acquisition program cost (as such term is defined in the manual of the Coast Guard titled (COMDTINST M5000.10C)) in such fiscal year; and Major Systems Acquisition Manual
whether there has been any breach of major acquisition program schedule (as such term is defined in the manual of the Coast Guard titled (COMDTINST M5000.10C)) during such fiscal year. Major Systems Acquisition Manual
(d) Memorandum deadline
Not later than 5 business days after the date on which the Secretary approves an Acquisition Decision Memorandum for programs described in this section, the Commandant shall submit such memorandum to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
Section 5107 of title 14, United States Code, is amended to read as follows:
(b) Clerical amendment
The analysis for of title 14, United States Code, is amended by striking the item relating to section 5107 and inserting the following: chapter 51
Quarterly acquisition reports and major acquisition program risk assessment.
the Committee on Appropriations of the House of Representatives;
the Committee on Armed Services of the House of Representatives;
the Committee on Commerce, Science, and Transportation of the Senate;
the Committee on Appropriations of the Senate; and
the Committee on Armed Services of the Senate.
(a) In general
Not later than February 15, 2026, and annually thereafter, the Commandant of the Coast Guard shall submit to the appropriate congressional committees a detailed budget display for Coast Guard operations in the Pacific region for the fiscal year after the fiscal year during which the budget display is submitted. The Commandant shall base such budget display on the projected demand for Coast Guard engagement in the Pacific region as identified in the most recent annual plan developed under section 5116 of this title. Such budget display shall include, for the year covered by the budget display, the following information:
With respect to procurement accounts, amounts displayed by account, budget activity, line number, line item, and line item title.
With respect to research, development, test, and evaluation accounts, amounts displayed by account, budget activity, line number, program element, and program element title.
With respect to operation and maintenance accounts, amounts displayed by account title, budget activity title, line number, and subactivity group title.
With respect to military personnel accounts, amounts displayed by account, budget activity, budget subactivity, and budget subactivity title.
(b) Form
Each display under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(c) Briefing required
Not later than February 15, 2026, and annually thereafter, the Commandant shall provide to the appropriate congressional committees a briefing on the budget display required by subsection (a) for the fiscal year after the fiscal year during which the briefing is provided.
(d) Appropriate congressional committees defined
In this section, the term has the meaning given such term in section 5116. appropriate congressional committees
(b) Clerical amendment
The analysis for of title 14, United States Code, is amended by adding at the end the following: chapter 51
Engage in maritime air surveillance or maritime interdiction to enforce or assist in the enforcement of laws of the United States regarding controlled substances on, under, and over the high seas and waters subject to the jurisdiction of the United States.
(C) Migrant interdiction
Engage in maritime air surveillance or maritime interdiction of the maritime border and approaches to enforce or assist in the enforcement of laws of the United States, including the immigration laws of the United States on, under, and over the high seas and waters subject to the jurisdiction of the United States.
(D) Defense readiness
Defend United States national interests in the maritime domain against hostile acts through military action, and maintain a state of readiness to assist in the defense of the United States, including when functioning as a specialized service in the Navy pursuant to section 103.
(E) Other law enforcement
Enforce or assist in the enforcement of all applicable Federal laws on, under, and over the high seas and waters subject to the jurisdiction of the United States.
(b) Rule of construction
Nothing in this section shall be construed to limit the powers authorized in chapter 5.
(c) Section 888
Section 888 of is amended— Public Law 107–296
in subsection (d)—
by striking No missionand inserting No primary duty described in section 102 of title 14, United States Code,;
by inserting after ; and
by striking missions.and inserting such duties.; and
(1) Prohibition
Except as specified in subsequent Acts, the Secretary—
may not substantially or significantly reduce—
(i) the primary duties of the Coast Guard described in section 102 of title 14, United States Code; or
(ii) the capability of the Coast Guard to perform such duties; and
shall ensure the preservation and execution of such duties.
in subsection (e) by striking paragraph (1) and inserting the following:
(d) Technical amendments
(1) Members asserting post-traumatic stress disorder or traumatic brain injury
Section 2516 of title 14, United States Code, is amended—
in subsection (a) by inserting after ; and
by striking subsection (d).
(2) Clarification of eligibility of members of Coast Guard for combat-related special compensation
Section 221 of the Coast Guard Authorization Act of 2016 ( note) is amended by striking and inserting . 10 U.S.C. 1413a
(e) Plan
(1) In general
Prior to the President implementing section 201 of title 14, United States Code, as amended by this Act, and appointing a Secretary of the Coast Guard, the Commandant, in coordination with the Secretary of the Department in which the Coast Guard is operating, shall—
develop a plan on the structure, feasibility of the Secretary of the Coast Guard position and the reorganization and restructuring of the Coast Guard needed to incorporate the new position; and
submit such plan to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee of Commerce, Science, and Transportation of the Senate.
(2) Contents
The plan required under paragraph (1) shall include—
a complete organizational chart, to include the creation of the Office of the Secretary of the Coast Guard and the directorates that report to the Commandant of the Coast Guard;
a description of each new position created within the Office of the Secretary;
a description of the offices and policies which each new position would be responsible for and how those offices would interact with the offices of the Commandant;
a delineation of powers reserved for the Commandant, outside of current statutory authorizations, not previously reserved or delegated;
a transition plan to ensure the continuity of the execution of all Coast Guard missions; and
recommendations for statutory and legislative changes.
(f) Review of plan
(1) In general
The Commandant shall provide the plan developed in subsection (e) to the Comptroller General of the United States.
(2) Report
(A) In general
Not later than 6 months after the transmission of the plan prepared under paragraph (1), the Comptroller General shall review such plan and provide recommendations to the Commandant in a report.
(B) Contents
The report shall include—
(i) a compilation of the responsibilities and duties assigned to the Commandant of the Coast Guard and the Secretary of the department in which the Coast Guard is operating, and potential responsibilities and duties that can be moved to the Secretary of the Coast Guard;
(ii) a detailed list of all responsibilities and duties assigned to the Commandant and the Secretary of the department in which the Coast Guard is operating, and how those duties overlap or remain distinct;
(iii) a detailed analysis of the responsibilities in clause (i) that should be reassigned or delegated to the Secretary of the Coast Guard and the Commandant of the Coast Guard;
(iv) a detailed analysis of the proper separation and oversight of duties in the chain of command between the Secretary, the Secretary of the Coast Guard, and the Commandant of the Coast Guard;
(v) an analysis of the feasibility of the reorganization of the service in order to preserve the integrity of the military chain of command;
(vi) a comparison to the structure and authorities of other service Secretaries, including but not limited to the Secretary of the Navy, and whether the proposed application to the Coast Guard is appropriate; and
(vii) other matters deemed relevant by the Comptroller General.
(3) Submission
The Comptroller General shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the report developed pursuant to paragraph (2).
(4) Responses
In addition to the plan and report, the Commandant shall provide responses to the recommendations in the report under paragraph (2) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate to include—
a description of the recommendations that the service intends to implement;
a justification for each recommendation that the service does not intend to implement; and
an implementation strategy and timeline.
(g) Secretary of the Coast Guard
Subtitle I of title 14, United States Code, is amended—
by redesignating section 106 as section 107;
In this title, the term Secretary of the Coast Guard means the Secretary of the Coast Guard established in section 201.
There is a Secretary of the Coast Guard, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(2) Not operating as a service in the Navy
Subject to section 103(c) of and when the Coast Guard is not operating as a service in the Navy, the Secretary of the Coast Guard shall report directly to the Secretary without being required to report through any other official of the department in which the Coast Guard is operating. The Secretary of the Coast Guard shall not be required to report to any other position in the department in which the Coast Guard is operating, military or civilian, including any other under secretaries, or assistant secretaries. Public Law 107–296
(3) Qualification
The Secretary of the Coast Guard shall, to the greatest extent practicable, be appointed from among persons most highly qualified for the position by reason of background and experience, including persons with appropriate management or leadership experience.
(4) Disqualification
A person may not be appointed as Secretary of the Coast Guard within 7 years after relief from active duty as a commissioned officer of a regular component of an armed force.
(b) Powers
(1) In general
Subject to the authority, direction, and control of the Secretary, the Secretary of the Coast Guard shall exercise the powers of the Secretary in this title, except as may be reserved by the Secretary and reserved for the Commandant pursuant to sections 504 and 505.
(2) Authority
(A) In general
The Secretary of the Coast Guard is responsible for and has the authority necessary to conduct all affairs of the Coast Guard.
(B) Authorities and functions
Notwithstanding any other provision of law, the authorities and functions prescribed in paragraphs (2) through (5) of section 701(a) of as such authorities and functions pertain to the Coast Guard shall be reserved for the Secretary of the Coast Guard. Public Law 107–296
(3) Responsibilities
Subject to the authority, direction, and control of the Secretary, the Secretary of the Coast Guard is also responsible to the Secretary for—
the functioning and efficiency of the Coast Guard;
the formulation of policies and programs by the Coast Guard that are fully consistent with national security objectives and policies established by the President or the Secretary;
the effective and timely implementation of policy, program, and budget decisions and instructions of the President or the Secretary relating to the functions of the Coast Guard;
carrying out the functions of the Coast Guard so as to fulfill the current and future operational requirements of the unified and specified combatant commands;
effective cooperation and coordination between the Coast Guard and the other military departments and agencies of the Department of Defense with regards to defense readiness missions to provide for more effective, efficient, and economical administration and to eliminate duplication;
the presentation and justification of the positions of the Coast Guard on the plans, programs, and policies of the Department in which the Coast Guard is operating;
the effective supervision and control of the intelligence activities of the Coast Guard; and
such other activities and duties as may be prescribed by law or by the President or Secretary, in directing the Coast Guard.
(4) Recommendations
After first informing the Secretary, the Secretary of the Coast Guard may make such recommendations to appropriate congressional committees, as defined in section 1171, as the Secretary of the Coast Guard considers appropriate.
(5) Assignment of functions, powers, and duties
(A) Delegation
(i) The Secretary of the Coast Guard may assign such of the functions, powers, and duties as the Secretary of the Coast Guard considers appropriate, to the Under Secretary of the Coast Guard, and to not more than 4 Assistant Secretaries of the Coast Guard.
(ii) The Under Secretary and the Assistant Secretaries shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.
(B) Secretary of the Coast Guard’s staff
The Secretary of the Coast Guard’s staff shall be limited in the roles and responsibilities of such staff to the execution of the powers vested in the Secretary of the Coast Guard. The size of the Secretary of the Coast Guard’s staff may not exceed the size necessary to carry out the responsibilities of the office of the Secretary of the Coast Guard.
(C) Reporting to Secretary of the Coast Guard
Officers of the Coast Guard shall, as directed by the Secretary, report on any matter to the Secretary of the Coast Guard, the Under Secretary, or any Assistant Secretary.
(6) Additional powers
The Secretary of the Coast Guard may—
assign, detail, and prescribe the duties of members of the Coast Guard and civilian personnel of the Coast Guard;
change the title of any officer or activity of the Coast Guard not prescribed by law; and
prescribe regulations to carry out the functions, powers, and duties of the Secretary of the Coast Guard under this title.
(7) Prohibitions
(A) In general
The Secretary of the Coast Guard may not eliminate, materially alter the scope of, or privatize any of the primary duties described in section 102.
(B) Report
The Secretary of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an annual report demonstrating compliance with subparagraph (A).
(c) Limitations
No officer serving in an appointment described in subsections (a) through (e) of section 103 of may perform the duties of the Secretary of the Coast Guard. Public Law 107–296
(d) Commandant reporting
The Commandant shall report directly to the Secretary of the Coast Guard. The Commandant shall not be required to report to any other position in the department in which the Coast Guard is operating, military or civilian, including under secretaries, or assistant secretaries.
by inserting after section 107, as so redesignated, the following:
(h) Clerical amendment
The analysis for of title 14, United States Code, is amended— chapter 1
by striking the item relating to section 106 and inserting the following:
(i) Clarifying amendment
Section 505 of title 14, United States Code, is amended by striking Secretaryand inserting Secretary of the Coast Guard.
(j) Public Law 107–296
Public Law 107–296 is amended—
in section 103—
(c) Secretary of the Coast Guard
When the Coast Guard is operating as a service within the Department of Homeland Security, to assist the Secretary in the performance of the Secretary's functions, there is a Secretary of the Coast Guard who shall be appointed as provided in section 201 of title 14, United States Code, and who shall report directly to the Secretary.
by amending subsection (c) to read as follows:
in subsection (g)(1)—
(i) by striking and inserting the following:
(A) In general
Notwithstanding
(ii) by striking the Under Secretary for Managementand inserting the Secretary of the Coast Guard; and
(iii) by adding at the end the following:
(B) Under Secretary of Management
The Under Secretary of Management shall serve in this capacity in the event that the Secretary of the Coast Guard has transferred to the Department of the Navy.
in section 888—
by redesignating subsections (b) through (g) as subsections (a) through (f), respectively; and
in subsection (e), as so redesignated, by striking Commandantand inserting the Secretary of the Coast Guard.
(k) Chief prosecutor of the Coast Guard; Inspector General of the Coast Guard
(1) In general
of title 14, United States Code, is amended by adding at the end the following: Chapter 3
(a) In general
There shall be in the Coast Guard a Chief Prosecutor of the Coast Guard selected by the Commandant under policies established by the Secretary and who meets the qualifications set forth in subsection (b).
(b) Qualifications
The Chief Prosecutor of the Coast Guard shall be a commissioned officer of the Coast Guard who—
is a member in good standing of the bar of a Federal court or the highest court of a State;
is a judge advocate in the grade not lower than O–7; and
is certified to be qualified, by reason of education, training, experience, and temperament, for duty as Chief Prosecutor of the Coast Guard by the Judge Advocate General of the Coast Guard.
(c) Duties and authorities
(1) In general
The Chief Prosecutor of the Coast Guard shall carry out the duties under of title 10 (the Uniform Code of Military Justice) and shall perform the duties assigned as determined by the Secretary and consistent with the policy, regulations, or other guidance promulgated under section 824a of title 10 (article 24a of the Uniform Code of Military Justice). chapter 47
(2) Determination of covered offense; related charges
(A) Authority
The Chief Prosecutor of the Coast Guard shall have exclusive authority to determine whether a reported offense is a covered offense and shall exercise authority over any such offense in accordance with of title 10 (the Uniform Code of Military Justice). Any determination to prefer or refer charges shall not act to disqualify the Chief Prosecutor of the Coast Guard as an accuser. chapter 47
(B) Known and related offenses
If the Chief Prosecutor of the Coast Guard determines that a reported offense is a covered offense, the Chief Prosecutor of the Coast Guard may also exercise authority over any offense that the special trial counsel determines to be related to the covered offense and any other offense alleged to have been committed by a person alleged to have committed the covered offense.
(3) Dismissal; referral; plea bargains
Subject to paragraph (5), with respect to charges and specifications alleging any offense over which the Chief Prosecutor of the Coast Guard exercises authority, the Chief Prosecutor of the Coast Guard shall have exclusive authority to, in accordance with this chapter and with of title 10 (the Uniform Code of Military Justice)— chapter 47
on behalf of the Government, withdraw or dismiss the charges and specifications or make a motion to withdraw or dismiss the charges and specifications;
refer the charges and specifications for trial by a special or general court-martial;
enter into a plea agreement; and
determine if an authorized rehearing is impracticable.
(4) Binding determination
The determination of the Chief Prosecutor of the Coast Guard to refer charges and specifications to a court-martial for trial shall be binding on any applicable convening authority for the referral of such charges and specifications.
(5) Deferral to Commander or convening authority
If the Chief Prosecutor of the Coast Guard exercises authority over an offense and elects not to prefer charges and specifications for such offense or, with respect to charges and specifications for such offense preferred by a person other than the Chief Prosecutor of the Coast Guard, elects not to refer such charges and specifications, a commander or convening authority may exercise any of the authorities of such commander or convening authority under of title 10 (the Uniform Code of Military Justice), with respect to such offense, except that such commander or convening authority may not refer charges and specifications for a covered offense for trial by special or general court-martial. chapter 47
(d) Covered offense defined
In this section, the term covered offense has the meaning given such term in section 801 of title 10.
(a) In general
There is in the Office of the Secretary of the Coast Guard an Inspector General of the Coast Guard, who shall be detailed to such position by the Secretary. The Inspector General of the Coast Guard shall be detailed from officers on the active-duty list in the line of the Coast Guard serving in grades above captain. An officer may not be detailed to such position for a tour of duty of more than 4 years, except that the Secretary of the Coast Guard may extend such a tour of duty if the Secretary of the Coast Guard makes a special finding that the extension is necessary and in the public interest.
(b) Duties
When directed by the Secretary of the Coast Guard or the Commandant, the Inspector General shall inquire into and report upon any matter that affects the discipline, military efficiency, or economy of the Coast Guard.
(c) Recommendations
The Inspector General shall periodically propose programs of inspections to the Secretary of the Coast Guard and shall recommend additional inspections and investigations as may appear appropriate.
(d) Cooperation
The Inspector General shall cooperate fully with the Inspector General of the Department of Homeland Security in connection with the performance of any duty or function by the Inspector General of the Department of Homeland Security under section 103 of regarding the Coast Guard. Public Law 107–296
(e) Duties
In addition to the responsibilities described in paragraph (2), the Inspector General shall periodically propose programs of inspections to the Secretary of the department in which the Coast Guard is operating, the Secretary of the Coast Guard, and the appropriate committees of Congress and shall recommend additional inspections and investigations as may appear appropriate.
(2) Clerical amendment
The analysis for of title 14, United States Code, is amended by adding at the end the following: chapter 3
other Coast Guard leadership and programs and other Federal partners; and
support Indian Tribes, Native Hawaiian organizations, and Tribal organizations in all matters under the jurisdiction of the Coast Guard.
(d) Direct access to Secretary and Commandant
No officer or employee of the Coast Guard or the Department of Homeland Security may interfere with the ability of the Special Advisor to give direct and independent advice to the Secretary and the Commandant on matters related to this section.
(e) Definitions
In this section:
The term Indian Tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (). 25 U.S.C. 5304
The term Native Hawaiian organization has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 () except the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs. 20 U.S.C. 7517
The term Tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (). 25 U.S.C. 5304
(d) Clerical amendment
The analysis for of title 14, United States Code, is amended by inserting after the item relating to the following: chapter 3; section 311
Special Advisor to Commandant for Tribal and Native Hawaiian Affairs.
(e) Briefings
(1) Initial briefing
Not later than 120 days after the date of enactment of this Act, the Commandant shall brief the Committee on Commerce, Science, and Transportation and the Committee on Indian Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the manner in which the Special Advisor for Tribal and Native Hawaiian Affairs will be incorporated into the governance structure of the Coast Guard, including a timeline for the incorporation that is completed not later than 1 year after date of enactment of this Act.
(2) Annual briefings on Special Advisor to the Commandant to Tribal and Native Hawaiian Affairs
Not later than 1 year after the date of the establishment of the position of the Special Advisor to the Commandant for Tribal and Native Hawaiian Affairs under section 313 of title 14, United States Code, and annually thereafter for 2 years, the Commandant shall provide the Committee on Commerce, Science, and Technology and the Committee on Indian Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with a briefing on the duties, responsibilities, and actions of the Special Advisor to the Commandant for Tribal and Native Hawaiian Affairs, including management of best practices.
(3) Briefing on collaboration with Tribes on research consistent with Coast Guard mission requirements
(A) In general
Not later than 1 year after the date of enactment of this Act, the Commandant shall provide the Committee on Commerce, Science, and Technology and the Committee on Indian Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with a briefing on potential collaborations on and research and use of indigenous place-based knowledge and research.
(B) Element
In providing the briefing under subparagraph (A), the Commandant shall identify current and potential future opportunities to improve coordination with Indian Tribes, Native Hawaiian organizations, and Tribal organizations to support—
(i) Coast Guard mission needs, such as the potential for research or knowledge to enhance maritime domain awareness, including opportunities through the ADAC–ARCTIC Center of Excellence of the Department of Homeland Security; and
(ii) Coast Guard efforts to protect indigenous place-based knowledge and research.
(4) Definitions
In this subsection:
(A) Indian tribe
The term Indian Tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (). 25 U.S.C. 5304
(B) Native hawaiian organization
The term Native Hawaiian organization has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 () except the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs. 20 U.S.C. 7517
(C) Tribal organization
The term Tribal organization has the meaning given the such in section 4 of the Indian Self-Determination and Education Assistance Act (). 25 U.S.C. 5304
(f) Rule of construction
Nothing in this section, or an amendment made by this section, shall be construed to impact—
the right of any Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (); or 25 U.S.C. 5304
any government-to-government consultation.
(g) Conforming amendments
Section 11237 of the Don Young Coast Guard Authorization Act of 2022 () is amended— Public Law 117–263
in subsection (a), by striking section 312 of title 14and inserting section 313 of title 14; and
in subsection (b)(2)(A), by striking section 312 of title 14and inserting section 313 of title 14.
Section 807(a) of the Frank LoBiondo Coast Guard Authorization Act of 2018 () is amended by striking section 313 of title 14and inserting section 314 of title 14. Public Law 115–282
Section 3533(a) of the National Defense Authorization Act for Fiscal Year 2024 () is amended by striking section 315 of title 14and inserting section 316 of title 14. Public Law 118–31
Section 311(j)(9)(D) of the Federal Water Pollution Control Act () is amended by striking each place it appears and inserting each such place. 33 U.S.C. 1321(j)(9)(D)
A Coast Guard flag officer or a Coast Guard Senior Executive Service employee who, not more than 3 years before the date of the enactment of the , completed the training that was required by the Commandant on the day before such date of enactment, shall not be required to complete the training required by this section.
(b) Training for congressional affairs personnel
(1) In general
The Commandant shall develop a training course, which shall be administered in person, on the workings of Congress for any member of the Coast Guard selected for a position as a fellow, liaison, counsel, or administrative staff for the Coast Guard Office of Congressional and Governmental Affairs or as any Coast Guard district or area governmental affairs officer.
(2) Course subject matter
(A) In general
The training course required under this section shall provide an overview and introduction to Congress and the Federal legislative process, including—
(i) the congressional budget process;
(ii) the congressional appropriations process;
(iii) the congressional authorization process;
(iv) the Senate advice and consent process for Presidential nominees;
(v) the Senate advice and consent process for treaty ratification;
(vi) the roles of Members of Congress and congressional staff in the legislative process;
(vii) the concept and underlying purposes of congressional oversight within the governance framework of separation of powers;
(viii) the roles of Coast Guard fellows, liaisons, counsels, governmental affairs officers, the Coast Guard Office of Program Review, the Coast Guard Headquarters program offices, and any other entity the Commandant considers relevant; and
(ix) the roles and responsibilities of Coast Guard public affairs and external communications personnel with respect to Members of Congress and the staff of such Members necessary to enhance communication between Coast Guard units, sectors, and districts and Member offices and committees of jurisdiction so as to ensure visibility of Coast Guard activities.
(3) 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 include a multi-day detail within the Coast Guard Office of Budget and Programs to ensure adequate exposure to Coast Guard policy, 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.
(4) Completion of required training
A member of the Coast Guard selected for a position 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.
(b) Clerical amendment
The analysis for of title 14, United States Code, is amended by striking the item relating to section 316 and inserting the following: chapter 3
The table of contents for the Don Young Coast Guard Authorization Act of 2022 (division K of ) is amended by striking the item relating to section 11269. Public Law 117–263
Native Hawaiian organization
(6) Natural resource
The term natural resource means land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the waters of the United States), any State or local government, any Indian Tribe, any Native Hawaiian organization, or any member of an Indian Tribe, if such resources are subject to a trust restriction on alienation and have been categorized into one of the following groups:
Natural resource
Surface water resources.
Ground water resources.
Air resources.
Geologic resources.
Biological resources.
(7) State
The term includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States. State
State
(8) Tribal organization
The term Tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (). 25 U.S.C. 5304
Tribal organization
(b) Cooperative agreements for management of cultural resources
Cooperative agreements for management of cultural resources
(1) Authority
The Commandant may enter into a cooperative agreement with an eligible entity (or in the case that the eligible entity is a Federal department or agency, an interagency agreement)—
Authority
to provide for the preservation, management, maintenance, and improvement of natural resources and cultural resources located on a site described under paragraph (2); and
for the purpose of conducting research regarding the natural resources and cultural resources.
(2) Authorized natural and cultural resources sites
To be covered by a cooperative agreement under paragraph (1), the relevant natural resources or cultural resources shall be located—
Authorized natural and cultural resources sites
on a Coast Guard installation; or
on a site outside of a Coast Guard installation, but only if the cooperative agreement will directly relieve or eliminate current or anticipated restrictions that would or might restrict, impede, or otherwise interfere, either directly or indirectly, with current or anticipated Coast Guard training, testing, maintenance, or operations on a Coast Guard installation.
(3) Application of other laws
Section 1535 and of title 31 shall not apply to an agreement entered into under paragraph (1). chapter 63
Application of other laws
(c) Agreements and considerations
Agreements and considerations
(1) Agreements authorized
The Commandant may enter into an agreement with an eligible entity, and may enter into an interagency agreement with the head of another Federal department or agency, to address the use or development of property in the vicinity of, or ecologically related to, a Coast Guard installation for purposes of—
Agreements authorized
limiting any development or use of such property that would be incompatible with the mission of the Coast Guard installation;
preserving habitat on such property in a manner that—
(i) is compatible with environmental requirements; and
(ii) may eliminate or relieve current or anticipated environmental restrictions that would or might otherwise restrict, impede, or interfere, either directly or indirectly, with current or anticipated Coast Guard training or operations on the Coast Guard installation;
maintaining or improving Coast Guard installation resilience;
maintaining and improving natural resources, or benefitting natural and historic research, on the Coast Guard installation;
maintaining access to cultural resources and natural resources, including—
(i) Tribal treaty fisheries and shellfish harvest, and usual and accustomed fishing areas; and
(ii) subsistence fisheries, or any other fishery or shellfish harvest, of an Indian Tribe;
providing a means to replace or repair property or cultural resources of an Indian Tribe or a Native Hawaiian organization if such property is damaged by Coast Guard personnel or operations, in consultation with the affected Indian Tribe or Native Hawaiian organization; or
maintaining and improving natural resources located outside a Coast Guard installation, including property of an eligible entity, if the purpose of the agreement is to relieve or eliminate current or anticipated challenges that could restrict, impede, or otherwise interfere with, either directly or indirectly, current or anticipated Coast Guard activities.
(2) Inapplicability of certain contract requirements
Notwithstanding of title 31, an agreement under subsection (b)(1) that is a cooperative agreement and concerns a cultural resource or a natural resource may be used to acquire property or services for the direct benefit or use of the Federal Government. chapter 63
Inapplicability of certain contract requirements
(d)
An agreement under subparagraph (b)(1) shall provide for—
the acquisition by an eligible entity or entities of all right, title, and interest in and to any real property, or any lesser interest in the property, as may be appropriate for purposes of this subsection; and
the sharing by the United States and an eligible entity or entities of the acquisition costs in accordance with paragraph (3).
Property or interests may not be acquired pursuant to an agreement under subsection (b)(1) unless the owner of the property or interests consents to the acquisition.
(3)
An agreement with an eligible entity under subsection (b)(1) may provide for—
(i) the management of natural resources on, and the monitoring and enforcement of any right, title, or interest in real property in which the Commandant acquires any right, title, or interest in accordance with this subsection; and
(ii) for the payment by the United States of all or a portion of the costs of such management, monitoring, or enforcement if the Commandant determines that there is a demonstrated need to preserve or restore habitat for the purposes of subsection (b) or (c).
Any payment provided for under subparagraph (A) may—
(i) be paid in a lump sum;
(ii) include an amount intended to cover the future costs of natural resource management and monitoring and enforcement; and
(iii) be placed by the eligible entity in an interest-bearing account, so long as any interest is to be applied for the same purposes as the principal.
Any payments made under this paragraph shall be subject to periodic auditing by the Inspector General of the department in which the Coast Guard is operating.
(4)
In entering into an agreement under subsection (b)(1), the Commandant shall determine the appropriate portion of the acquisition costs to be borne by the United States in the sharing of acquisition costs of real property, or an interest in real property, as required under paragraph (1)(B).
In lieu of, or in addition to, making a monetary contribution toward the cost of acquiring a parcel of real property, or an interest therein, pursuant to an agreement under subsection (b)(1), the Commandant may convey real property in accordance with applicable law.
The portion of acquisition costs borne by the United States pursuant to subparagraph (A), either through the contribution of funds, excess real property, or both, may not exceed an amount equal to—
(i) the fair market value of any property, or interest in property, to be transferred to the United States upon the request of the Commandant under paragraph (5); or
(ii) the cumulative fair market value of all properties, or all interests in properties, to be transferred to the United States under paragraph (5) pursuant to an agreement under subsection (b)(1).
The contribution of an eligible entity to the acquisition costs of real property, or an interest in real property, under paragraph (1)(B) may include, with the approval of the Commandant, the following:
(i) The provision of funds, including funds received by the eligible entity from—
a Federal agency outside the department in which the Coast Guard is operating; or
a State or local government in connection with a Federal, State, or local program.
(ii) The provision of in-kind services, including services related to the acquisition or maintenance of such real property or interest in real property.
(iii) The exchange or donation of real property or any interest in real property.
(iv) Any combination of clauses (i) through (iii).
(5)
In entering into an agreement under subsection (b)(1), each eligible entity that is a party to the agreement shall agree, as a term of the agreement, to transfer to the United States, upon request of the Commandant, all or a portion of the property or interest acquired under the agreement or a lesser interest therein, except no such requirement need be included in the agreement if—
(i) the property or interest is being transferred to a State or another Federal agency, or the agreement requires the property or interest to be subsequently transferred to a State or another Federal agency; and
(ii) the Commandant determines that the laws and regulations applicable to the future use of such property or interest provide adequate assurance that the property concerned will be developed and used in a manner appropriate for purposes of this subsection.
The Commandant shall limit a transfer request pursuant to subparagraph (A) to the minimum property or interests necessary to ensure that the property or interest concerned is developed and used in a manner appropriate for purposes of this subsection.
(C)
(i) Notwithstanding paragraph (A), If all or a portion of a property or interest acquired under an agreement under subsection (b)(1) is initially or subsequently transferred to a State or another Federal agency, before that State or other Federal agency may declare the property or interest in excess to its needs or propose to exchange the property or interest, the State or other Federal agency shall give the Commandant reasonable advance notice of its intent to so declare.
(ii) Upon receiving such reasonable advance notice under clause (i), the Commandant may request, within a reasonable time period, that administrative jurisdiction over the property or interest be transferred to the Commandant, if the Commandant determines such transfer necessary for the preservation of the purposes of this subsection.
(iii) Upon a request from the Commandant under clause (ii), the administrative jurisdiction over the property or interest be transferred to the Commandant at no cost.
(iv) If the Commandant does not make a request under clause (ii) within a reasonable time period, all such rights of the Commandant to request transfer of administrative jurisdiction over the property or interest shall remain available to the Commandant with respect to future transfers or exchanges of the property or interest and shall bind all subsequent transferees.
The Commandant may accept, on behalf of the United States, any property or interest to be transferred to the United States under an agreement under subsection (b)(1).
For purposes of the acceptance of property or interests under an agreement under subsection (b)(1), the Commandant may accept an appraisal or title documents prepared or adopted by a non-Federal entity as satisfying the applicable requirements of section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 () or section 3111 of title 40 if the Commandant finds that the appraisal or title documents substantially comply with the requirements of such sections and is reasonably accurate. 42 U.S.C. 4651
(e) Minimal criteria for approval of agreements
The Commandant may approve a cooperative agreement under subsection (b)(1) if the Commandant determines that—
Minimal criteria for approval of agreements
the eligible entity has authority to carry out the project;
the project would be completed without unreasonable delay as determined by the Commandant; and
the project cannot be effectively completed without the cooperative agreement authority under subsection (b)(1).
(f) Additional terms and conditions
The Commandant may require such additional terms and conditions in an agreement under subsection (b)(1) as the Commandant considers appropriate to protect the interests of the United States, in accordance with applicable Federal law.
Additional terms and conditions
(g) Notification; availability of agreements to Congress
Notification; availability of agreements to Congress
(1) Notification
The Commandant shall notify the Committee on Commerce, Science, and Transportation or the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Indian Affairs of the Senate when the eligible entity is a Tribe, Tribal Organization or Native Hawaiian organization, and the Committee on Transportation and Infrastructure of the House of Representatives in writing not later than the date that is 3 full business days prior to any day on which the Commandant intends to enter into an agreement under subsection (b)(1), and include in such notification the anticipated costs of carrying out the agreement, to the extent practicable.
Notification
(2) Availability of agreements
A copy of an agreement entered into under subsection (b)(1) shall be provided to any member of the Committee on Commerce, Science, and Transportation or the Committee on Homeland Security and Governmental Affairs of the Senate or the Committee on Transportation and Infrastructure of the House of Representatives not later than 5 full business days after the date on which such request is submitted to the Commandant.
Availability of agreements
(h) Consultation
Not later than 180 days after the date of enactment of the , the Commandant shall consult with Indian Tribes to improve opportunities for Indian Tribe participation in the development and execution of Coast Guard oil spill response and prevention activities.
Consultation
(i) Rule of construction
Nothing in this section may be construed to undermine the rights of any Indian Tribe to seek full and meaningful government-to-government consultation under this section or under any other law.
Rule of construction
(b) Clerical amendment
The analysis for of title 14, United States Code, is amended by inserting after the item relating to the following: chapter 7; section 721
The term property concerned means any real property owned, operated, or leased by the Coast Guard within a tsunami inundation zone.
Property concerned
(2) Tsunamigenic event
The term tsunamigenic event means any event, such as an earthquake, volcanic eruption, submarine landslide, coastal rockfall, or other event, with the magnitude to cause a tsunami.
Tsunamigenic event
(3) Vertical evacuation refuge
The term vertical evacuation refuge means a structure or earthen mound designated as a place of refuge in the event of a tsunami, with sufficient height to elevate evacuees above the tsunami inundation depth, designed and constructed to resist tsunami load effects.
Vertical evacuation refuge
seizure or forfeiture
in subsection (l), as so redesignated, by striking 524(c)(11)and inserting 524(c).
(d) Updates to cross-references
(1) Title 28
Section 524(c) of title 28, United States Code, is amended—
in paragraph (4)(C) by striking 9705(g)(4)(A)and inserting 9705(f)(4)(A); and
in paragraph (10) by striking 9705(o)and inserting 9705(n).
(2) Title 31
Section 5340(1) of title 31, United States Code, is amended by striking 9705(o)and inserting 9705(n).
(3) Title 39
Section 2003(e)(1) of title 39, United States Code, is amended by striking 9705(o)and inserting 9705(n).
In determining fair and reasonable compensation, the Commandant shall consider the scope, complexity, professional nature, and estimated value of the services to be rendered.
(3) Negotiation
The Commandant shall attempt to negotiate a contract with the most highly qualified firm selected under subsection (b).
(4) Further negotiation
If the Commandant is unable to negotiate a satisfactory contract with the firm under paragraph (3), the Commandant shall formally terminate negotiations with such firm and undertake negotiations with the next most qualified of the selected firms, continuing the process until an agreement is reached.
(5) Additional firms
If the Commandant is unable to negotiate a satisfactory contract with any of the selected firms, the Commandant shall select additional firms in order of competence and qualification and continue negotiations in accordance with this section until an agreement is reached.
(b) Clerical amendment
The analysis for of title 14, United States Code, is amended by inserting after the item relating to the following: chapter 11; section 1137
(i) the results of the pilot program required under subparagraph (A); and
(ii) any relevant new performance measures implemented by the Coast Guard, including the measures described in pages 5 through 7 of the report of the Coast Guard titled and submitted to Congress on July 26, 2024, as required by section 11212(a)(3) of the Don Young Coast Guard Authorization Act of 2022 (), and the results of the implementation of such measures. Domestic Icebreaking Operations Public Law 117–263
(c) Modification to reporting requirement relating to icebreaking operations in Great Lakes
Modification to reporting requirement relating to icebreaking operations in Great Lakes
(1) In general
Section 11213(f) of the Don Young Coast Guard Authorization Act of 2022 () is amended to read as follows: Public Law 117–263
In general
(f) Public report
Not later than July 1 after the first winter in which the Commandant has submitted the report required by paragraph (3) of section 11212(a), the Commandant shall publish on a publicly accessible website of the Coast Guard a report on the cost to the Coast Guard of meeting the proposed standards described in paragraph (2) of such section.
Public report
(2) Public report
Section 11272(c) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 is amended by adding at the end the following:
Public report
(7) Public report
Public report
(A) In general
Not later than 30 days after the date of enactment of the , the Commandant shall brief the Committee on Transportation and Infrastructure of the House or Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the cost to the Coast Guard of meeting the requirements of section 564 of title 14, United States Code, in fiscal year 2024.
In general
(B) Secondary briefings
Not later than November 1, 2025 and November, 1, 2026, the Commandant shall brief the committees described in subparagraph (A) on the cost to the Coast Guard of meeting the requirements of section 564 of title 14, United States Code, in fiscal years 2025 and 2026, respectively.
Secondary briefings
Extended deadline
(d) Member of the reserve component of the Coast Guard defined
In this section, the term member of the reserve component of the Coast Guard means a member of the Coast Guard who is a member of—
Member of the reserve component of the Coast Guard defined
the selected reserve who is entitled to compensation under section 206 of title 37; or
the individual ready reserve who is entitled to compensation under section 206 of title 37 when attending or participating in a sufficient number of periods of inactive-duty training during a year to count the year as a qualifying year of creditable service toward eligibility for retired pay.
(b) Clerical amendment
The analysis for of title 14, United States Code, is amended by striking the item relating to section 2512 and inserting the following: chapter 25
Section 206(a)(4) of title 37, United States Code, is amended by inserting before the period at the end .
Compensation
The number of employees who were hired under the authority provided under this section who have separated from the Coast Guard.
Steps the Coast Guard has taken to engage with the Office of Personnel Management under subpart B of part 337 of title 5, Code of Federal Regulations, for positions for which the Commandant determines a direct hire authority remains necessary.
(e) Sunset
The authority provided under subsection (a) shall expire on September 30, 2030.
Sunset
(b) Clerical amendment
The analysis for of title 14, United States Code, is amended by inserting after the item relating to 2516 the following: chapter 25
an institution that meets the eligibility requirements for funding as a rural-serving institution of higher education under section 861 of the Higher Education Act of 1965 (). 20 U.S.C. 1161q
(6) Location
The institution at which the applicant is an undergraduate shall be within 100 miles of a Coast Guard unit or Coast Guard Recruiting Office unless otherwise approved by the Commandant.
Location
(7) Records
The applicant shall meet credit and grade point average requirements set forth by the Commandant.
Records
(8) Medical and administrative
The applicant shall meet other medical and administrative requirements as set forth by the Commandant.
Medical and administrative
(c) Financial assistance
Financial assistance
(1) In general
The Commandant may provide financial assistance to enlisted members of the Coast Guard Reserve on active duty participating in the Program, for expenses of the enlisted member while the enlisted member is enrolled, on a full-time basis, in a college degree program approved by the Commandant at a college, university, or institution of higher education described in subsection (b)(5) that leads to—
In general
a baccalaureate degree in not more than 5 academic years; or
a post-baccalaureate degree.
(2) Written agreements
To be eligible for financial assistance under this section, an enlisted member of the Coast Guard Reserve shall enter into a written agreement with the Coast Guard that notifies the Reserve enlisted member of the obligations of that member under this section, and in which the member agrees to the following:
Written agreements
The member shall complete an approved college degree program at a college, university, or institution of higher education described in subsection (b)(5).
The member shall satisfactorily complete all required Coast Guard training and participate in monthly military activities of the Program as required by the Commandant.
Upon graduation from the college, university, or institution of higher education described in subsection (b)(5), the member shall—
(i) accept an appointment, if tendered, as a commissioned officer in the Coast Guard Reserve; and
(ii) serve a period of obligated active duty for a minimum of 3 years immediately after such appointment as follows:
Members participating in the Program shall be obligated to serve on active duty 3 months for each month of instruction for which they receive financial assistance pursuant to this section for the first 12 months and 1 month for each month thereafter, or 3 years, whichever is greater.
The period of obligated active duty service incurred while participating in the Program shall be in addition to any other obligated service a member may incur due to receiving other bonuses or other benefits as part of any other Coast Guard program.
If an appointment described in clause (i) is not tendered, the member will remain in the Reserve component until completion of the member’s enlisted service obligation.
The member shall agree to perform such duties or complete such terms under the conditions of service specified by the Coast Guard.
(3) Expenses
Expenses for which financial assistance may be provided under this section are the following:
Expenses
Tuition and fees charged by the college, university, or institution of higher education at which a member is enrolled on a full-time basis.
The cost of books.
In the case of a program of education leading to a baccalaureate degree, laboratory expenses.
Such other expenses as the Commandant considers appropriate, which may not exceed $25,000 for any academic year.
(4) Time limit
Financial assistance may be provided to a member under this section for up to 5 consecutive academic years.
Time limit
(5) Breach of agreement
Breach of agreement
(A) In general
The Secretary may retain in the Coast Guard Reserve, and may order to active duty for such period of time as the Secretary prescribes (but not to exceed 4 years), a member who breaches an agreement under paragraph (2). The period of time for which a member is ordered to active duty under this paragraph may be determined without regard to section 651(a) of title 10.
In general
(B) Appropriate enlisted grade or rating
A member who is retained in the Coast Guard Reserve under subparagraph (A) shall be retained in an appropriate enlisted grade or rating, as determined by the Commandant.
Appropriate enlisted grade or rating
(6) Repayment
A member who does not fulfill the terms of the obligation to serve as specified under paragraph (2), or the alternative obligation imposed under paragraph (5), shall be subject to the repayment provisions of section 303a(e) of title 37.
Repayment
(d) Briefing
Briefing
(1) In general
Not later than August 15 of each year following the date of the enactment of the , the Commandant shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the Program.
In general
(2) Contents
The briefing required under paragraph (1) shall describe—
Contents
outreach and recruitment efforts over the previous year; and
demographic information of enrollees, including—
(i) race;
(ii) ethnicity;
(iii) gender;
(iv) geographic origin; and
(v) educational institution.
(b) Repeal
Section 2131 of title 14, United States Code, is repealed.
Repeal
(c) Clerical amendments
Clerical amendments
The analysis for of title 14, United States Code, is amended by striking the item relating to section 2131. chapter 21
The analysis for of title 14, United States Code, is amended by striking the item relating to section 3710 and inserting the following: chapter 37
(c) Report on GAO recommendations on housing program
Not later than 1 year after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the status of the implementation of the recommendations contained in the report of the Government Accountability Office titled , and issued February 5, 2024 (GAO–24–106388). Coast Guard: Better Feedback Collection and Information Could Enhance Housing Program
Report on GAO recommendations on housing program
Under the Pilot Program, a Coast Guard health services technician with a grade of E–5 or higher, or an assigned civilian behavioral health specialist, shall be—
In general
(i) assigned to each selected Coast Guard clinic; and
(ii) located at a unit with high operational tempo.
(B) Training
Training
(i) Before commencing an assignment at a Coast Guard clinic under subparagraph (A), a Coast Guard health services technician shall complete behavioral health technician training and independent duty health services training.
Health services technicians
(ii) To qualify for an assignment at a Coast Guard clinic under subparagraph (A), a civilian behavioral health specialist shall have at least the equivalent behavioral health training as the training required for a Coast Guard behavioral health technician under clause (i).
Civilian behavioral health specialists
(4) Administration
The Commandant, in coordination with the Assistant Commandant for Health, Safety, and Work Life, shall administer the Pilot Program through the Health, Safety, and Work-Life Service Center.
Administration
(5) Data collection
Data collection
(A) In general
The Commandant shall collect and analyze data concerning the Pilot Program for purposes of—
In general
(i) developing and sharing best practices for improving access to behavioral health care; and
(ii) providing information to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding the implementation of the Pilot Program and related policy issues.
(B) Plan
Not later than 270 days after the date of enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan for carrying out subparagraph (A).
Plan
(6) Annual report
Not later than September 1 of each year until the date on which the Pilot Program terminates under paragraph (7), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the Pilot Program that includes the following:
Annual report
An overview of the implementation of the Pilot Program at each applicable Coast Guard clinic, including—
(i) the number of members of the Coast Guard who received services on site by a behavioral health technician assigned to such clinic;
(ii) feedback from all members of the Coast Guard empaneled for their medical care under the Pilot Program;
(iii) an assessment of the deployability and overall readiness of members of the applicable operational unit; and
(iv) an estimate of potential costs and impacts on other Coast Guard health care services of supporting the Pilot Program at such units and clinics.
The data and analysis required under paragraph (5)(A).
A list and detailed description of lessons learned from the Pilot Program as of the date of on which the report is submitted.
The feasibility, estimated cost, and impacts on other Coast Guard health care services of expanding the Pilot Program to all Coast Guard clinics, and a description of the personnel, fiscal, and administrative resources that would be needed for such an expansion.
(7) Termination
The Pilot Program shall terminate on September 30, 2029.
Termination
(b) Behavioral health specialist
(1) In general
Not later than 180 days after the date of enactment of this Act, the Commandant shall hire, train, and deploy not fewer than 5 additional behavioral health specialists, in addition to the personnel required under section 11412(a) of the Don Young Coast Guard Authorization Act of 2022 ( note). 14 U.S.C. 504
In general
(2) Requirement
The Commandant shall ensure that not fewer than 35 percent of behavioral health specialists required to be deployed under paragraph (1) have experience in—
Requirement
behavioral health care related to military sexual trauma; and
behavioral health care for the purpose of supporting members of the Coast Guard with needs for mental health care and counseling services for post-traumatic stress disorder and co-occurring disorders related to military sexual trauma.
(3) Accessibility
The support provided by the behavioral health specialists hired pursuant to paragraph (1)—
Accessibility
may include care delivered via telemedicine; and
shall be made widely available to members of the Coast Guard.
(4) Notification
Notification
(A) In general
Not later than 180 days after the date of enactment of this Act, the Commandant shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives if the Coast Guard has not completed hiring, training, and deploying—
In general
(i) the personnel referred to in paragraphs (1) and (2); and
(ii) the personnel required under section 11412(a) of the Don Young Coast Guard Authorization Act of 2022 ( note). 14 U.S.C. 504
(B) Contents
The notification required under subparagraph (A) shall include—
Contents
(i) the date of publication of the hiring opportunity for all such personnel;
(ii) the General Schedule grade level advertised in the publication of the hiring opportunity for all such personnel;
(iii) the number of personnel to whom the Coast Guard extended an offer of employment in accordance with the requirements of this section and section 11412(a) of the Don Young Coast Guard Authorization Act of 2022 ( note), and the number of such personnel who accepted or declined such offer of employment; 14 U.S.C. 504
(iv) a summary of the efforts by the Coast Guard to publicize, advertise, or otherwise recruit qualified candidates in accordance with the requirements of this section and section 11412(a) of such Act; and
(v) any recommendations and a detailed plan to ensure full compliance with the requirements of this section and section 11412(a) of such Act, which may include special payments discussed in the report of the Government Accountability Office titled , published on December 7, 2017 (GAO–18–91), which may be made available to help ensure full compliance with all such requirements in a timely manner. Federal Pay: Opportunities Exist to Enhance Strategic Use of Special Payments
If any member of the Board described in paragraph (1)(F) is not appointed by the date that is 180 days after the date on which the first session of each Congress convenes, the chair and ranking member of the subcommittee of the Committee on Appropriations of the House of Representatives with jurisdiction over appropriations for the Coast Guard shall be members of the Board until the date on which the second session of such Congress adjourns sine die.
(3) Chairperson
Chairperson
(A) In general
On a biennial basis and subject to paragraph (4), the Board shall select from among the members of the Board a Member of Congress to serve as the Chair of the Board.
In general
(B) Rotation
A Member of the House of Representatives and a Member of the Senate shall alternately be selected as the Chair of the Board.
Rotation
(C) Term
An individual may not serve as Chairperson of the Board for consecutive terms.
Term
(4) Length of service
Length of service
(A) Members of congress
A Member of Congress designated as a member of the Board under paragraph (1) shall be designated as a member in the first session of the applicable Congress and shall serve for the duration of such Congress.
Members of congress
(B) Individuals designated by the president
Each individual designated by the President under paragraph (1)(G) shall serve as a member of the Board for 3 years, except that any such member whose term of office has expired shall continue to serve until a successor is appointed by the President.
Individuals designated by the president
(C) Death or resignation of a member
If a member of the Board dies or resigns, a successor shall be designated for any unexpired portion of the term of the member by the official who designated the member.
Death or resignation of a member
(c) Duties
Duties
(1) Academy visits
Academy visits
(A) Annual visit
The Commandant shall invite each member of the Board, and any designee of a member of the Board, to visit the Coast Guard Academy at least once annually to review the operation of the Academy.
Annual visit
(B) Additional visits
With the approval of the Secretary, the Board or any members of the Board in connection with the duties of the Board may—
Additional visits
(i) make visits to the Academy in addition to the visits described in subparagraph (A); or
(ii) consult with—
the Superintendent of the Academy; or
the faculty, staff, or cadets of the Academy.
(C) Access
The Commandant shall ensure that the Board or any members of the Board who visits the Academy under this paragraph is provided reasonable access to the grounds, facilities, cadets, faculty, staff, and other personnel of the Academy for the purpose of carrying out the duties of the Board.
Access
(2) Oversight review
In conducting oversight of the Academy under this section, the Board shall review, with respect to the Academy—
Oversight review
the state of morale and discipline, including with respect to prevention of, response to, and recovery from sexual assault and sexual harassment;
recruitment and retention, including diversity, inclusion, and issues regarding women specifically;
the curriculum;
instruction;
physical equipment, including infrastructure, living quarters, and deferred maintenance;
fiscal affairs; and
any other matter relating to the Academy the Board considers appropriate.
(d) Administrative matters
Administrative matters
(1) Meetings
Meetings
(A) In general
Not less frequently than annually, the Board shall meet at a location chosen by the Commandant, in consultation with the Board, to conduct the review required by subsection (c)(2).
In general
(B) Chairperson and charter
The Federal officer designated under subsection (f)(1)(B) shall organize a meeting of the Board for the purposes of—
Chairperson and charter
(i) selecting a Chairperson of the Board under subsection (b)(3);
(ii) adopting an official charter for the Board, which shall establish the schedule of meetings of the Board; and
(iii) any other matter such designated Federal officer or the Board considers appropriate.
(C) Scheduling
In scheduling a meeting of the Board, such designated Federal officer shall coordinate, to the greatest extent practicable, with the members of the Board to determine the date and time of the meeting.
Scheduling
(D) Notification
Not less than 30 days before each scheduled meeting of the Board, such designated Federal officer shall notify each member of the Board of the time, date, and location of the meeting.
Notification
(2) Staff
Staff
(A) Designation
The chairperson and the ranking member of the Committee on Commerce, Science, and Transportation of the Senate and the chairperson and the ranking member of the Committee on Transportation and Infrastructure of the House of Representatives may each designate 1 staff member of each such Committees.
Designation
(B) Role
Staff designated under subparagraph (A)—
Role
(i) may attend and participate in visits and carry out consultations described under subsection (c)(1) and attend and participate in meetings described under paragraph (1); and
(ii) may not otherwise carry out duties or take actions reserved to members of the Board under this section.
(3) Advisors
If approved by the Secretary, the Board may consult with advisors in carrying out the duties of the Board under this section.
Advisors
(4) Reports
Reports
(A) In general
Not later than 60 days after the date on which the Board conducts a meeting of the Board under paragraph (1), the Commandant, in consultation with the Board, shall submit a report on the actions of the Board during the meeting and the recommendations of the Board pertaining to the Academy to—
In general
(i) the Secretary;
(ii) the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate; and
(iii) the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives.
(B) Publication
Each report submitted under this paragraph shall be published on a publicly accessible website of the Coast Guard.
Publication
(e) Disclosure
The Commandant and the Superintendent of the Academy shall ensure candid and complete disclosure to the Board, consistent with applicable laws relating to disclosure of information, with respect to—
Disclosure
each issue described in subsection (c)(2); and
any other issue the Board or the Commandant considers appropriate.
(f) Coast Guard support
Coast Guard support
(1) In general
The Commandant shall—
In general
provide support to the Board, as Board considers necessary for the performance of the duties of the Board;
designate a Federal officer to support the performance of the duties of the Board; and
in cooperation with the Superintendent of the Academy, advise the Board of any institutional issues, consistent with applicable laws concerning the disclosure of information.
(2) Reimbursement
Each member of the Board and each advisor consulted by the Board under subsection (d)(3) shall be reimbursed, to the extent permitted by law, by the Coast Guard for actual expenses incurred while engaged in duties as a member or advisor.
Reimbursement
(g) Notification
Not later than 30 days after the date on which the first session of each Congress convenes, the Commandant shall provide to the chairperson and ranking member of the Committee on Commerce, Science, and Transportation of the Senate and the chairperson and ranking member of the Committee on Transportation and Infrastructure of the House of Representatives, and the President notification of the requirements of this section.
Notification
procedures by which cadets may report to the chain of command the malfunction of an electronic locking mechanism; and
a schedule of testing to ensure the proper functioning of electronic locking mechanisms.
(d) Minimum training requirements
The Superintendent shall ensure that each Coast Guard Academy cadet receives, not later than 1 day after the date of the initial arrival of the cadet at the Coast Guard Academy, an initial training session, and any other training the Superintendent considers necessary, on—
Minimum training requirements
the use of electronic locking mechanisms installed under this section; and
the policy promulgated under subsection (c).
the Secretary determines operates exclusively to support—
recruiting activities with respect to the Coast Guard Academy;
parent or alumni development in support of the Coast Guard Academy;
academic, leadership, or character development of Coast Guard Academy cadets;
institutional development of the Coast Guard Academy; or
athletics in support of the Coast Guard Academy.
(b) Clerical amendment
The analysis for of title 14, United States Code, is further amended by inserting after the item relating to item 1907 the following: chapter 19
Authorization for use of Coast Guard Academy facilities and equipment by covered foundations.
(iii) processes of the Coast Guard to mitigate substance abuse in the Coast Guard, particularly with respect to fentanyl; and
(iv) the status of the memorandum of understanding required under subsection (d).
For the 5-year period preceding the briefing, a review of instances in which naloxone or other similar medication was used to treat opioid, including fentanyl, overdoses at a Coast Guard facility, onboard a Coast Guard asset, or during a Coast Guard operation.
(f) Privacy
In carrying out the requirements of this section, the Commandant shall ensure compliance with all applicable privacy law, including section 552a of title 5, United States Code (commonly referred to as the ), and the privacy regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act ( note). Privacy Act 42 U.S.C. 1320d–2
Privacy
(g) Rule of construction
For purposes of the availability requirement under subsection (b), with respect to a Coast Guard installation comprised of multiple Coast Guard facilities or units, naloxone or other similar medication available at a single Coast Guard facility within the installation shall be considered to be available to all Coast Guard facilities or units on the installation if appropriate arrangements are in place to ensure access, at all times during operations, to the naloxone or other similar medication contained within such single Coast Guard facility.
Rule of construction
Recommendations for enhancing navigational safety for mariners who rely exclusively on, or supplement electronic systems with, traditional visual aids to navigation.
A cost–benefit analysis of the continued maintenance of physical aids to navigation, and the projected consequences of their removal, including—
(i) an estimate of the potential increase in maritime accidents, search and rescue operations, environmental incidents, and Coast Guard response missions that could result from the reduction or removal of physical aids to navigation;
(ii) a comparison of the anticipated costs associated with such increased Coast Guard response operations to the ongoing costs of maintaining and servicing buoys and dayboards, particularly in high-traffic areas or locations with limited access to electronic navigation systems;
(iii) an assessment of the role physical aids to navigation play in preventing incidents involving vessels with limited or no reliance on GPS or electronic systems; and
(iv) an assessment of the indirect costs and operational impacts associated with the removal of physical aids to navigation, including increased risk of vessel groundings, prolonged Coast Guard response times, and diminished mariner trust in navigational infrastructure.
(3) Submission to Congress
Not later than 18 months after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the results of the study conducted under paragraph (1).
A recommendation with respect to—
whether the number of educational institutions participating in the Coast Guard Junior Reserve Officers’ Training Corps program should be increased; and
in the case of a recommendation that such number should be increased, additional recommendations relating to such an increase, including—
(i) the number of additional educational institutions that should be included in the program;
(ii) the locations of such institutions;
(iii) any additional authorities or resources necessary for such an increase; and
(iv) any other matter the Commandant considers appropriate.
Any other matter the Commandant considers necessary in order to provide a full assessment of the effectiveness of the Coast Guard Junior Reserve Officers’ Training Corps program.
(vii) in subsection (i)(1)(A) by inserting after ;
(viii) in subsection (k)—
in paragraph (1)(A) by inserting after ; and
in paragraph (2)—
by striking and inserting the following:
Not more than
Notwithstanding subparagraph (A), for the period beginning on the date of enactment of the and ending on December 31, 2065, not more than 50 percent of the unlicensed seamen on a vessel described in paragraph (1) may be aliens referred to in subparagraph (B) or (C) of such paragraph.
by adding at the end the following:
(ix) by adding at the end the following:
(l) Noncitizen national defined
In this section, the term noncitizen national means an individual described in section 308 of the Immigration and Nationality Act (). 8 U.S.C. 1408
(C) Command of documented vessels
Section 12131(a) of title 46, United States Code, is amended by inserting after .
(D) Invalidation of certificates of documentation
Section 12135(2) of title 46, United States Code, is amended by inserting after .
(3) Clerical amendments
(A) In general
The analysis for of title 46, United States Code, is amended by striking the item relating to section 7102 and inserting the following: chapter 71
Citizenship or noncitizen nationality and Navy Reserve requirements.
(l) Examinations
Section 7116 of title 46, United States Code, is amended by striking subsection (c).
(m) Merchant mariners documents
of title 46, United States Code is amended— Chapter 73
by amending section 7306 to read as follows:
(a) In general
The Secretary may issue a merchant mariner credential, to members of the deck department in the following classes:
Able Seaman-Unlimited.
Able Seaman-Limited.
Able Seaman-Special.
Able Seaman-Offshore Supply Vessels.
Able Seaman-Sail.
Able Seaman-Fishing Industry.
Ordinary Seaman.
(b) Classification of credentials
The Secretary may classify the merchant mariner credential issued under subsection (a) based on—
the tonnage and means of propulsion of vessels;
the waters on which vessels are to be operated; or
other appropriate standards.
(c) Qualifications
To qualify for a credential under this section, an applicant shall provide satisfactory proof that the applicant—
is at least 18 years of age;
has the service required by the applicable section of this part;
is qualified professionally as demonstrated by an applicable examination or educational requirements;
is qualified as to sight, hearing, and physical condition to perform the seafarer’s duties; and
has satisfied any additional requirements established by the Secretary, including career patterns and service appropriate to the particular service, industry, or job functions the individual is engaged.
in section 7307 by striking 3 yearsand inserting 18 months;
in section 7308 by striking 18 monthsand inserting 12 months;
in section 7309 by striking 12 monthsand inserting 6 months;
in section 7313—
in subsection (b) by striking ; and
(c) Classification of credentials
The Secretary may classify the merchant mariner credential issued under subsection (a) based on—
the tonnage and means of propulsion of vessels;
the waters on which vessels are to be operated; or
other appropriate standards.
(d) Qualifications
To qualify for a credential under this section, an applicant shall provide satisfactory proof that the applicant—
is at least 18 years of age;
has a minimum of 6-months service in the related entry rating;
is qualified professionally as demonstrated by an applicable examination or educational requirements; and
is qualified as to sight, hearing, and physical condition to perform the member’s duties.
by striking subsection (c) and inserting the following:
(a) Nautical school program
Graduation from a nautical school program may be substituted for the sea service requirements under sections 7307 through 7311a and 7313 of this title.
(b) Other approved training programs
The satisfactory completion of a training program approved by the Secretary may be substituted for not more than one-half of the sea service requirements under sections 7307 through 7311a and 7313 of this title in accordance with subsection (c).
(c) Training days
For purposes of subsection (b), training days undertaken in connection with training programs approved by the Secretary may be substituted for days of required sea service under sections 7307 through 7311a and 7313 of this title as follows:
Each shore-based training day in the form of classroom lectures may be substituted for 2 days of sea service requirements.
Each training day of laboratory training, practical demonstrations, and other similar training, may be substituted for 4 days of sea service requirements.
Each training day of full mission simulator training may be substituted for 6 days of sea service requirements.
Each training day underway on a vessel while enrolled in an approved training program may be substituted for 1½ days of sea service requirements, as long as—
the structured training provided while underway on a vessel is—
(i) acceptable to the Secretary as part of the approved training program; and
(ii) fully completed by the individual; and
the tonnage of such vessel is appropriate to the endorsement being sought.
(d) Definition
In this section, the term training day means a day that consists of not less than 7 hours of training.
by amending section 7315 to read as follows:
(n) Implementation
(1) In general
The Secretary of the department in which the Coast Guard is operating shall implement the requirements under subsection (c) of section 7306 of title 46, United States Code (as amended by this section), without regard to chapters 5 and 6 of title 5, United States Code, and Executive Orders 12866 and 13563 ( note). 5 U.S.C. 601
(2) Section 7315
The Secretary of the department in which the Coast Guard is operating shall implement the requirements of section 7315 of title 46, United States Code, as amended by this subsection, without regard to chapters 5 and 6 of title 5, United States Code, and Executive Orders 12866 and 13563 ( note) and 14094 (88 Fed. Reg. 21879). 5 U.S.C. 601
(o) Repeal
Section 7314 of title 46, United States Code, and the item relating to such section in the analysis for chapter 73 of such title, are repealed.
(p) Clerical amendment
The analysis for of title 46, United States Code, is amended by striking the item relating to section 7306 and inserting the following: chapter 73
General requirements and classifications for members of deck departments.
(q) Amendments to chapter 75
of title 46, United States Code, is amended— Chapter 75
(d) Renewal
With respect to any renewal of an active merchant mariner credential issued under this part that is not an extension under subsection (a) or (b), such credential shall begin the day after the expiration of the active credential of the credential holder.
in section 7507 by adding at the end the following:
in section 7510(c)—
in the subsection heading by striking and inserting ;
in paragraph (1)—
(i) by striking 90 daysand inserting 180 days;
(ii) by striking and insert ;
(iii) by striking new questions for inclusion inand inserting questions, content, and relevancy of;
(iv) by redesignating subparagraphs (E), (F), and (G) as subparagraphs (G), (H), and (I), respectively; and
(v) by inserting after subparagraph (D) the following:
at least 2 individuals that have taken and passed the examination in the 5 years before the commissioning of the working group;
at least 1 representative from the United States Merchant Marine Academy;
in paragraph (4)—
(i) in the paragraph heading by striking and inserting ;
(ii) in subparagraph (A)—
by striking Within 1 yearand inserting Not later than 270 days;
by striking and inserting ;
by striking Secretaryand inserting Commandant;
by redesignating clauses (i), (ii), (iii), and (iv) as clauses (ii), (iii), (iv), and (vii), respectively;
in clause (iv), as so redesignated, by striking and inserting a semicolon;
(i) industry standards, practices, and technology to be considered in the Merchant Mariner Credentialing Examination;
by inserting before clause (ii) the following:
(v) the relevancy of examination topics and contents;
(vi) any redundancy of core competencies between the Merchant Mariner Credentialing Examination and Standards of Training, Certification, and Watchingkeeping competencies; and
by inserting after clause (iv) the following:
(iii) by striking subparagraph (B) and inserting the following:
(B) Report to Commandant
Upon completion of the review under this paragraph, a report shall be provided to the Commandant which shall include findings of the review with recommendations for updates to the Merchant Marine Credentialling Examination.
by striking paragraphs (3), (5), and (8);
by redesignating paragraphs (4) and (9) as paragraphs (5) and (8), respectively; and
(3) Meeting of working group
(A) In general
The Commandant shall convene the working group annually or at the creation of new examination questions, whichever occurs sooner.
(B) Remote participation
The Commandant shall allow any member of the working group to participate remotely if the member of the working group does not have the means to participate in person.
(4) Use of questions
The Commandant may not use questions developed for use in the Merchant Mariner Credentialing Examination until such questions are reviewed and approved by the working group.
by inserting after paragraph (2) the following:
(r) Plan
(1) Requirement
Not later than 270 days after the completion of the review under paragraph (4) of subsection (c), the Commandant shall develop a plan to update and modernize the Merchant Mariner Credentialing Examination and implement the recommendations developed by the review under such paragraph.
(2) Contents
The plan developed under paragraph (1) shall not diminish demonstrated competency standards and shall include—
the elimination of redundant topics between the Merchant Mariner Credentialing Examination and other examinations required to obtain a Merchant Mariner Credential;
the elimination or updating of outdated topics, contents, core competencies, or questions covered by the Merchant Mariner Credentialing Examination;
the modernization of testing procedures consistent with contemporary procedures for standardized testing administration and evaluation; and
the development of methods to analyze examination data related to the effectiveness of questions in determining competency.
(3) Coordination
In developing the plan under paragraph (1), the Commandant shall develop such plan in consultation with the working group and individuals with expertise in modern best practices for relevant standardized testing.
(4) Briefing required
Not later than 1 year after the date of enactment of the , the Coast Guard shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing on the review and plan developed under this subsection.
(s) Amendments to chapter 77
Section 7702(d)(1) of title 46, United States Code, is amended—
in subparagraph (B) by redesignating clauses (i) through (iv) as subclauses (I) through (IV), respectively (and by conforming the margins accordingly);
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively (and by conforming the margins accordingly);
by striking and inserting the following:
an individual—
if—
in subparagraph (A)(ii)(IV), as so redesignated, by striking the period at the end and inserting ; and
by adding at the end the following:
if there is probable cause to believe that the individual has violated company policy and is a security risk that poses a threat to other individuals on the vessel.
(t) Technical and conforming amendments
(1) Title 46
Title 46, United States Code, is amended—
in section 2101(47)(B) by striking ; andand inserting ; or;
in section 2113(3) by striking section 2101(53)(A)and inserting section 2101(55)(A);
in section 3202(a)(1)(A) by striking section 2101(29)(A)and inserting section 2101(31)(A);
in section 3507(k)(1) by striking section 2101(31)and inserting section 2101(33);
in section 4105(d) by striking section 2101(53)(A)and inserting section 2101(55)(A);
in section 12119(a)(3) by striking section 2101(26)and inserting section 2101(28); and
in section 51706(c)(6)(C)(ii) by striking section 2101(24)and inserting section 2101(26).
(2) Other laws
Section 3(3) of the Magnuson-Stevens Fishery Conservation and Management Act () is amended by striking 2101(30) of title 46and inserting 2101 of title 46. 16 U.S.C. 1802(3)
Section 1992(d)(7) of title 18, United States Code, is amended by striking section 2101(31) of title 46and inserting section 2101 of title 46.
Section 311(a)(26)(D) of the Federal Water Pollution Control Act () is amended by striking section 2101(23)and inserting section 2101. 33 U.S.C. 1321(a)(26)(D)
Section 1101 of title 49, United States Code, is amended by striking Section 2101(23)and inserting Section 2101(24).
by striking subsection (j) and inserting the following:
(b) Effective date
The amendment made by subsection (a) shall take effect on the date of enactment of this Act.
Eligibility
been detained by the Coast Guard;
a record of a violation issued by the Coast Guard against the owners or operators with a finding of proved; or
suffered a marine casualty that, as determined by the Secretary, involves the safe operation of the vessel and overall performance of the vessel.
(4) Restrictions
The Secretary may not adopt a performance-driven examination schedule under paragraph (1) until the Secretary has—
Restrictions
conducted the assessment recommended in the Government Accountability Office report submitted under section 8254(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (); Public Law 116–283
concluded through such assessment that a performance-driven examination schedule provides not less than the level of safety provided by the annual examinations required under subsection (a)(1); and
provided the results of such assessment to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(b) Career incentive pay for marine inspectors
Subsection (a) of section 11237 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( note) is amended as follows: 37 U.S.C. 352
Career incentive pay for marine inspectors
(a) Authority to provide assignment pay or special duty pay
For the purposes of addressing an identified shortage of marine inspectors, the Secretary may provide assignment pay or special duty pay under section 352 of title 37, United States Code, to a member of the Coast Guard serving in a prevention position that—
Authority to provide assignment pay or special duty pay
is assigned in support of or is serving as a marine inspector pursuant to section 312 of title 14, United States Code; and
is assigned to a billet that is difficult to fill due to geographic location, requisite experience or certifications, or lack of sufficient candidates, as determined by the Commandant, in an effort to address inspector workforce gaps.
(c) Briefing
Not later than 6 months after the date of enactment of this Act, and annually for 2 years after the implementation of a performance-driven examination schedule program under section 3714(c) of title 46, United States Code, the Commandant shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on—
Briefing
the status of utilizing the performance-driven examination schedule program, including the quantity of examinations conducted and duration between examinations for each individual vessel examined under the performance-driven examination schedule;
an overview of the size of the Coast Guard marine inspector workforce, including any personnel shortages assessed by the Coast Guard, for inspectors that conduct inspections under section 3714 of such title; and
recommendations for the inspection, governance, or oversight of vessels inspected under section 3714 of such title.
take actions for port, harbor, and coastal facility security in accordance with section 70116.
(e) Regulation of anchorage and movement of vessels during national emergency
Section 70051 of title 46, United States Code, is amended by inserting after .
(f) Great Lakes and Saint Lawrence river cooperative vessel traffic service
Not later than 2 years after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall issue or amend such regulations as are necessary to address any applicable arrangements with the Canadian Coast Guard regarding vessel traffic services cooperation and vessel traffic management data exchanges within the Saint Lawrence Seaway and the Great Lakes.
(g) Clerical amendment
The analysis for of title 46, United States Code, is amended by striking the item relating to section 70032 and inserting the following: chapter 700
Delegation of ports and waterways authorities in Saint Lawrence Seaway.
the Port Coordination Council for the Port of Point Spencer; and
non-government entities with relevant expertise in monitoring and characterizing vessel traffic in the Arctic.
(d) Report
Not later than 1 year after initiating the study under subsection (a), the Board shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the findings and recommendations of the study.
(e) Definitions
In this section:
The term Arctic has the meaning given such term in section 112 of the Arctic Research and Policy Act of 1984 (). 15 U.S.C. 4111
The term Port Coordination Council for the Port of Point Spencer means the Council established under section 541 of the Coast Guard Authorization Act of 2015 (). Public Law 114–120
Report
Establishment
Nothing in this section, or the amendments made by this section, shall apply to any application submitted before the date of enactment of this Act.
Applications
(2) Determination
The Commandant shall make a determination not earlier than 45 days after the date on which the Commandant provides the notification required under paragraph (1) of whether a covered vessel described in such paragraph is abandoned.
Determination
(c) Penalty
Penalty
(1) In general
The Commandant may assess a civil penalty of not more than $500 against an owner or operator of a covered vessel determined to be abandoned under subsection (b) for a violation of subsection (a).
In general
(2) Liability in rem
The owner or operator of a covered vessel shall also be liable in rem for a penalty imposed under paragraph (1).
Liability in rem
(3) Limitation
The Commandant shall not assess a penalty if the Commandant determines the vessel was abandoned due to major extenuating circumstances of the owner or operator of the vessel, including long term medical incapacitation of the owner or operator.
Limitation
(d) Vessels not abandoned
The Commandant may not determine that a covered vessel is abandoned under this section if—
Vessels not abandoned
such vessel is located at a federally approved or State approved mooring area;
such vessel is located on private property with the permission of the owner of such property;
the owner or operator of such vessel provides a notification to the Commandant that—
indicates the location of the vessel;
indicates that the vessel is not abandoned; and
contains documentation proving that the vessel is allowed to be in such location; or
the Commandant determines that such an abandonment determination would not be in the public interest.
Inventory of abandoned vessels
(a) In general
Not later than 1 year after the date of enactment of the , the Commandant, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and relevant State agencies, shall establish and maintain a national inventory of covered vessels that are abandoned.
In general
(b) Contents
The inventory established and maintained under subsection (a) shall include data on each vessel, including geographic information system data related to the location of each such vessel.
Contents
(c) Publication
The Commandant shall make the inventory established under subsection (a) publicly available on a website of the Coast Guard.
Publication
(d) Reporting of potentially abandoned vessels
In carrying out this section, the Commandant shall develop a process by which—
Reporting of potentially abandoned vessels
a State, Indian Tribe, Native Hawaiian organization, or person may report a covered vessel that may be abandoned to the Commandant for potential inclusion in the inventory established under subsection (a);
the Commandant shall review any such report and add such vessel to the inventory if the Commandant determines that the reported vessel is abandoned pursuant to section 4711.
(e) Clarification
Except in a response action carried out under section 311(j) of the Federal Water Pollution Control Act () or in the case of imminent threat to life and safety, the Commandant shall not be responsible for removing any covered vessels listed on the inventory established and maintained under subsection (a). 33 U.S.C. 1321
Clarification
(b) Rulemaking
The Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of the Army, acting through the Chief of Engineers, and the Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, shall issue regulations with respect to the procedures for determining that a vessel is abandoned for the purposes of subchapter II of of title 46, United States Code (as added by this section). chapter 47
Rulemaking
(c) Conforming amendments
of title 46, United States Code, is amended— Chapter 47
Conforming amendments
in section 4701—
in the matter preceding paragraph (1) by striking chapterand inserting subchapter; and
in paragraph (2) by striking chapterand inserting subchapter;
in section 4703 by striking chapterand inserting subchapter;
in section 4704 by striking each place it appears and inserting subchapter; and
in section 4705 by striking chapterand inserting subchapter.
(d) Clerical amendments
The analysis for of title 46, United States Code, is amended— chapter 47
Clerical amendments
by inserting before the item relating to section 4701 the following:
In carrying out paragraph (1), the Comptroller General shall—
Contents
examine—
(i) collaboration among Federal and non-Federal entities for purposes of reducing the risks to local communities of fires described in paragraph (1);
(ii) the prevalence and frequency of such fires; and
(iii) the extent to which firefighters and marine firefighters are aware of the dangers of lithium-ion battery fires, including lithium-ion batteries used for vehicles, and how to respond to such fires;
review methods of documenting and sharing best practices throughout the maritime community for responding to vessel fires; and
make recommendations for—
(i) preparing for, responding to, and training for such fires;
(ii) clarifying roles and responsibilities of Federal and non-Federal entities in preparing for, responding to, and training for such fires; and
(iii) other topics for consideration.
by striking and inserting the following:
(e) Effect on other law
Nothing in this section affects
Effect on other law
by striking trusteesand inserting Trustees;
in subsection (f) (as redesignated by paragraph (2))—
by striking and inserting the following:
(f) Grants
The Trustees
Grants
by striking this programand inserting this section, prioritizing the issuance of grants to facilitate habitat protection and habitat restoration programs; and
in subsection (g) (as redesignated by paragraph (2))—
in the second sentence, by striking and inserting the following:
(2) Return of funds
On expiration of the authority provided in this section, all
Return of funds
by striking and inserting the following:
(g) Expiration
Expiration
(1) In general
The authority
In general
(i) of the Western Alaska Captain of the Port Zone as in effect of the date of enactment of the ; or
(ii) the Prince William Sound Captain of the Port Zone as in effect of the date of enactment of the .
(B) Qualified oil spill
The term qualified oil spill means an oil spill occurring in any part of the area of responsibility—
(i) of the Western Alaska Captain of the Port Zone as in effect of the date of enactment of the ; or
(ii) the Prince William Sound Captain of the Port Zone as in effect of the date of enactment of the .
Section 3302 of title 46, United States Code, is amended by adding at the end the following:
(b) Repeal
Section 11316 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 () is repealed. Public Law 117–263
(ii) documentary evidence relating to rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice), shall be retained not less than 50 years;
consider locations in which such records shall be stored;
identify media and methods that may be used to preserve and ensure access to such records, including electronic systems of records;
ensure the protection of privacy of—
(i) individuals named in records and status of records under section 552 of title 5 (commonly referred to as the ) and section 552a of title 5 (commonly referred to as the ); and Freedom of Information ActPrivacy Act
(ii) individuals named in restricted reporting cases;
designate the 1 or more positions within the Coast Guard that shall have the responsibility for such record retention by the Coast Guard;
require education and training for members and civilian employees of the Coast Guard on record retention requirements under this section;
set forth criteria for access to such records relating to covered misconduct involving members of the Coast Guard, including whether the consent of the victim should be required, by—
(i) victims of covered misconduct;
(ii) law enforcement authorities;
(iii) the Department of Veterans Affairs; and
(iv) other individuals and entities, including alleged assailants;
require uniform collection of data on—
(i) the incidence of covered misconduct in the Coast Guard; and
(ii) disciplinary actions taken in substantiated cases of covered misconduct in the Coast Guard; and
set forth standards for communications with, and notifications to, victims, consistent with—
(i) the requirements of any applicable Department of Defense policy; and
(ii) to the extent practicable, any applicable policy of the department in which the Coast Guard is operating.
(2) Retention of certain forms and evidence in connection with restricted reports and unrestricted reports of sexual assault involving members of the Coast Guard
Retention of certain forms and evidence in connection with restricted reports and unrestricted reports of sexual assault involving members of the Coast Guard
(A) In general
The comprehensive policy required by subsection (a) shall require all unique or original copies of Coast Guard Form 6095 filed in connection with a restricted or unrestricted report on an alleged incident of rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice), involving a member of the Coast Guard to be retained for the longer of—
In general
(i) 50 years commencing on the date of signature of the covered person on Coast Guard Form 6095; or
(ii) the time provided for the retention of such form in connection with unrestricted and restricted reports on incidents of sexual assault involving members of the Coast Guard under Coast Guard policy.
(B) Protection of confidentiality
Any Coast Guard form retained under subparagraph (A) shall be retained in a manner that protects the confidentiality of the member of the Coast Guard concerned in accordance with Coast Guard policy.
Protection of confidentiality
(3) Retention of case notes in investigations of covered misconduct involving members of the Coast Guard
Retention of case notes in investigations of covered misconduct involving members of the Coast Guard
(A) Required retention of all investigative records
The comprehensive policy required by subsection (a) shall require, for all criminal investigations relating to an alleged incident of covered misconduct involving a member of the Coast Guard, the retention of all elements of the case file.
Required retention of all investigative records
(B) Elements
The elements of the case file to be retained under subparagraph (A) shall include, at a minimum—
Elements
(i) the case activity record;
(ii) the case review record;
(iii) investigative plans; and
(iv) all case notes made by any investigating agent.
(C) Retention period
All elements of the case file shall be retained for not less than 50 years for cases involving rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice), and not less than the statute of limitations of the alleged offense under the Uniform Code of Military Justice for other covered misconduct, and no element of any such case file may be destroyed until the expiration of such period.
Retention period
(4) Return of personal property upon completion of related proceedings in unrestricted reporting cases
Notwithstanding the records and evidence retention requirements described in paragraphs (1)(E) and (2), personal property retained as evidence in connection with an incident of rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice), involving a member of the Coast Guard may be returned to the rightful owner of such property after the conclusion of all legal, adverse action, and administrative proceedings related to such incident, as determined by the Commandant.
Return of personal property upon completion of related proceedings in unrestricted reporting cases
(5) Return of personal property in restricted reporting cases
Return of personal property in restricted reporting cases
(A) In general
The Secretary shall prescribe procedures under which a victim who files a restricted report of an incident of sexual assault may request, at any time, the return of any personal property of the victim obtained as part of the sexual assault forensic examination.
In general
(B) Requirements
The procedures required by subparagraph (A) shall ensure that—
Requirements
(i) a request by a victim for the return of personal property described under subparagraph (A) may be made on a confidential basis and without affecting the restricted nature of the restricted report; and
(ii) at the time of the filing of the restricted report, a Special Victims’ Counsel, Sexual Assault Response Coordinator, or Sexual Assault Prevention and Response Victim Advocate—
informs the victim that the victim may request the return of personal property as described in such subparagraph; and
advises the victim that such a request for the return of personal property may negatively impact a subsequent case adjudication if the victim later decides to convert the restricted report to an unrestricted report.
(C) Rule of construction
Except with respect to personal property returned to a victim under this paragraph, nothing in this paragraph may be construed to affect the requirement to retain a sexual assault forensic examination kit for the period specified in paragraph (2).
Rule of construction
(6) Victim access to records
With respect to victim access to records after all final disposition actions and any appeals have been completed, as applicable, the comprehensive policy required by subsection (a) shall provide that, to the maximum extent practicable, and in such a manner that will not jeopardize an active investigation or an active case—
Victim access to records
a victim of covered misconduct in a case in which either the victim or alleged perpetrator is a covered person shall have access to all records that are directly related to the victim’s case, or related to the victim themselves, in accordance with the policy issued under subsection (a) and subject to required protections under sections 552 and 552a of title 5;
a victim of covered misconduct who requests access to records under section 552 or 552a of title 5 concerning the victim’s case shall be determined to have a compelling need, and the records request shall be processed under expedited processing procedures, if in the request for such records the victim indicates that the records concerned are related to the covered misconduct case;
in applying sections 552 and 552a of title 5 to the redaction of information related to a records request by a victim of covered misconduct made under such sections after all final disposition actions and any appeals have been completed—
(i) any such redaction shall be applied to the minimum extent possible so as to ensure the provision of the maximum amount of unredacted information to the victim that is permissible by law; and
(ii) any such redaction shall not be applied to—
receipt by the victim of the victim’s own statement; or
the victim’s information from an investigation; and
in the case of such a records request for which the timelines for expedited processing are not met, the Commandant shall provide to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a briefing that explains the reasons for the denial or the delay in processing, as applicable.
(d) Definition of covered person
In this section, the term includes— covered person
Definition of covered person
a member of the Coast Guard on active duty;
a member of the Coast Guard Reserve with respect to crimes investigated by or reported to the Secretary on any date on which such member is in a military status under section 802 of title 10 (article 2 of the Uniform Code of Military Justice);
a former member of the Coast Guard with respect to crimes investigated by or reported to the Secretary; and
in the case of an investigation of covered misconduct conducted by, or an incident of covered misconduct reported to, the Coast Guard involving a civilian employee of the Coast Guard, any such civilian employee of the Coast Guard.
(e) Savings clause
Nothing in this section authorizes or requires, or shall be construed to authorize or require, the discovery, inspection, or production of reports, memoranda, or other internal documents or work product generated by counsel, an attorney for the Government, or their assistants or representatives.
Savings clause
(b) In general
Subchapter II of of title 14, United States Code, is further amended by adding at the end the following: chapter 9
In general
Requirement to maintain certain records
(a) In general
The Commandant shall maintain all work product related to documenting a disposition decision on an investigation by the Coast Guard Investigative Service or other law enforcement entity investigating a Coast Guard member accused of an offense against of title 10. chapter 47
In general
(b) Record retention period
Work product documents and the case action summary described in subsection (c) shall be maintained for a period of not less than 7 years from the date of the disposition decision.
Record retention period
(c) Case action summary
Upon a final disposition action for cases described in subsection (a), except for offenses of wrongful use or possession of a controlled substance under section 912a of title 10 (article 112a of the Uniform Code of Military Justice), where the member accused is an officer of pay grade O–4 and below or an enlisted member of pay grade E–7 and below, a convening authority shall sign a case action summary that includes the following:
Case action summary
The disposition actions.
The name and command of the referral authority.
Records documenting when a referral authority consulted with a staff judge advocate or special trial counsel, as applicable, before a disposition action was taken, to include the recommendation of the staff judge advocate or special trial counsel.
A reference section listing the materials reviewed in making a disposition decision.
The Coast Guard Investigative Service report of investigation.
The completed Coast Guard Investigative Service report of adjudication included as an enclosure.
(d) Definition
In this section, the term includes— work product
Definition
a prosecution memorandum;
emails, notes, and other correspondence related to a disposition decision; and
the contents described in paragraphs (1) through (6) of subsection (c).
(e) Savings clause
Nothing in this section authorizes or requires, or shall be construed to authorize or require, the discovery, inspection, or production of reports, memoranda, or other internal documents or work product generated by counsel, an attorney for the Government, or their assistants or representatives.
Savings clause
(c) Clerical amendment
The analysis for of title 14, United States Code, is amended by adding at the end the following: chapter 9
(ii) subject to the cadet’s acceptance for admission to the institution of higher education to which the cadet wishes to transfer, to approve such request for transfer unless there are exceptional circumstances that require denial of the request;
(iii) to take all necessary and appropriate action to effectuate the cadet’s enrollment in the institution of higher education to which the cadet wishes to transfer and to process the cadet for participation in the relevant Senior Reserve Officers’ Training Corps program as expeditiously as possible, subject to the considerations described in clause (iv); and
(iv) in determining the transfer date of the cadet to the institution of higher education to which the cadet wishes to transfer, to take into account—
the preferences of the cadet, including any preference to delay transfer until the completion of any academic course in which the cadet is enrolled at the time of the request for transfer; and
the well-being of the cadet.
(3) Review
If the Superintendent denies a request for transfer under this subsection, the cadet may request review of the denial by the Secretary, who shall take action on such request for review not later than 72 hours after receipt of such request.
Review
(4) Confidentiality
The Secretary shall ensure that all records of any request, determination, transfer, or other action under this subsection remain confidential, consistent with applicable law and regulation.
Confidentiality
(5) Effect of other law
A cadet who transfers under this subsection may retain the cadet’s appointment to the Coast Guard Academy or may be appointed to the military service academy to which the cadet transfers without regard to the limitations and requirements set forth in sections 7442, 8454, and 9442 of title 10.
Effect of other law
(6) Commission as officer in the Coast Guard
Commission as officer in the Coast Guard
(A) In general
Upon graduation, a graduate of the United States Military Academy, the United States Air Force Academy, or the United States Naval Academy who transferred to that academy under this subsection is entitled to be accepted for appointment as a permanent commissioned officer in the Regular Coast Guard in the same manner as graduates of the Coast Guard Academy, as set forth in section 2101 of this title.
In general
(B) Commission as officer in other armed force
Commission as officer in other armed force
(i) A cadet who transfers under this subsection to the United States Military Academy, the United States Air Force Academy, or the United States Naval Academy and indicates a preference pursuant to clause (ii) may be appointed as a commissioned officer in an armed force associated with the academy from which the cadet graduated.
In general
(ii) A cadet seeking appointment as a commissioned officer in an armed force associated with the academy from which the cadet graduated under clause (i) shall, before graduating from that academy, indicate to the Commandant that the cadet has a preference for appointment to that armed force.
Statement of preference
(iii) The Commandant shall consider a preference of a cadet indicated pursuant to clause (ii), but may require the cadet to serve as a permanent commissioned officer in the Regular Coast Guard instead of being appointed as a commissioned officer in an armed force associated with the academy from which the cadet graduated.
Consideration by Coast Guard
(iv) With respect to a service agreement entered into under section 1925 of this title by a cadet who transfers under this subsection to the United States Military Academy, the United States Air Force Academy, or the United States Naval Academy and is appointed as a commissioned officer in an armed force associated with that academy, the service obligation undertaken under such agreement shall be considered to be satisfied upon the completion of 5 years of active duty service in the service of such armed force.
Treatment of service agreement
(C) Senior reserve officers’ training corps program
A cadet who transfers under this subsection to a Senior Reserve Officers’ Training Corps program affiliated with another institution of higher education is entitled upon graduation from the Senior Reserve Officers’ Training program to commission into the Coast Guard, as set forth in section 3738a of this title.
Senior reserve officers’ training corps program
in the first sentence by striking promotion list and theand inserting promotion list, officers designated by the Secretary pursuant to this section, and the officers on the; and
in the second sentence by striking promotion list or theand inserting promotion list, officers designated by the Secretary pursuant to this section, or the officers on the.
does not involve aggravating circumstances (as specified in the policy issued under subsection (a)) that increase the gravity of the minor misconduct or the impact of such misconduct on good order and discipline.
(b) Clerical amendment
The analysis for of title 14, United States Code, is further amended by inserting after the item relating to section 1908 (as added by this Act) the following: chapter 19
(i) Information and data on all incidents of covered misconduct and retaliation described in paragraph (1) reported to the Superintendent or any other official of the Academy during the preceding Academy program year (referred to in this subsection as a ), reported incident
(ii) The number of reported incidents committed against a cadet or any other military or civilian personnel of the Academy.
(iii) The number of reported incidents committed by a cadet or any other military or civilian personnel of the Academy.
(iv) Information on reported incidents, in accordance with the policy prescribed under section 549G(b) of the National Defense Authorization Act for Fiscal Year 2022 ( note), to the maximum extent practicable. 10 U.S.C. 1561
(v) The number of reported incidents that were entered into the Catch a Serial Offender system, including the number of such incidents that resulted in the identification of a potential or confirmed match.
(vi) The number of reported incidents that were substantiated (referred to in this subsection as a ). substantiated reported incident
(vii) A synopsis of each substantiated reported incident that includes—
a brief description of the nature of the incident;
whether the accused cadet or other military or civilian personnel of the Academy had previously been convicted of sexual assault; and
whether alcohol or other controlled or prohibited substances were involved in the incident, and a description of the involvement.
(viii) The type of case disposition associated with each substantiated reported incident, such as—
conviction and sentence by court-martial, including charges and specifications for which convicted;
acquittal of all charges at court-martial;
as appropriate, imposition of a nonjudicial punishment under section 815 of title 10 (article 15 of the Uniform Code of Military Justice);
as appropriate, administrative action taken, including a description of each type of such action imposed;
dismissal of all charges, including a description of each reason for dismissal and the stage at which dismissal occurred; and
whether the accused cadet or other military or civilian personnel of the Academy was administratively separated or, in the case of an officer, allowed to resign in lieu of court martial, and the characterization (honorable, general, or other than honorable) of the service of the military member upon separation or resignation.
(ix) With respect to any incident of covered misconduct involving cadets or other military and civilian personnel of the Academy reported to the Superintendent or any other official of the Academy during the preceding Academy program year that involves a report of retaliation relating to the incident—
a narrative description of the retaliation claim;
the nature of the relationship between the complainant and the individual accused of committing the retaliation; and
the nature of the relationship between the individual accused of committing the covered misconduct and the individual accused of committing the retaliation.
(x) With respect to any investigation of a reported incident—
whether the investigation is in open or completed status;
an identification of the investigating entity;
whether a referral has been made to outside law enforcement entities;
in the case of an investigation that is complete, a description of the results of such an investigation and information with respect to whether the results of the investigation were provided to the complainant; and
whether the investigation substantiated an offense under of title 10 (the Uniform Code of Military Justice). chapter 47
(B) Format
With respect to the information and data required under subparagraph (A), the Commandant shall report such information and data separately for each type of covered misconduct offense, and shall not aggregate the information and data for multiple types of covered misconduct offenses.
Format
(3) Trends
Subject to subsection (f), beginning on the date of enactment of the , each report required under paragraph (1) shall include an analysis of trends in incidents described in paragraph (1), as applicable, since the date of enactment of the Coast Guard and Maritime Transportation Act of 2012 (). Public Law 112–213
Trends
(4) Response
Each report required under paragraph (1) shall include, for the preceding Academy program year, a description of the policies, procedures, processes, initiatives, investigations (including overarching investigations), research, or studies implemented by the Commandant in response to any incident described in paragraph (1) involving a cadet or any other military or civilian personnel of the Academy.
Response
(5) Plan
Each report required under paragraph (1) shall include a plan for actions to be taken during the year following the Academy program year covered by the report to enhance the prevention of and response to incidents of covered misconduct and retaliation for reporting of covered misconduct involving cadets or other military or civilian personnel of the Academy.
Plan
(6) Covered misconduct prevention and response activities
Each report required under paragraph (1) shall include an assessment of the adequacy of covered misconduct prevention and response carried out by the Academy during the preceding Academy program year.
Covered misconduct prevention and response activities
(7) Contributing factors
Each report required under paragraph (1) shall include, for incidents of covered misconduct and retaliation for reporting of covered misconduct involving cadets or other military or civilian personnel of the Academy—
Contributing factors
an analysis of the factors that may have contributed to such incidents;
an assessment of the role of such factors in contributing to such incidents during such Academy program year; and
recommendations for mechanisms to eliminate or reduce such contributing factors.
(8) Biennial survey
Each report under paragraph (1) for an Academy program year that begins in an odd-numbered calendar year shall include the results of the survey conducted under subsection (c)(2) in such Academy program year.
Biennial survey
(9) Focus groups
For each Academy program year with respect to which the Superintendent is not required to conduct a survey at the Academy under subsection (c)(2), the Commandant shall require focus groups to be conducted at the Academy for the purpose of ascertaining information relating to covered misconduct issues at the Academy.
Focus groups
(10) Submission of report; briefing
Submission of report; briefing
(A) Submission
Not later than 270 days after the date on which the Commandant receives a report from the Superintendent under paragraph (1), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, as an enclosure or appendix to the report required by section 5112—
Submission
(i) the report of the Superintendent;
(ii) the comments of the Commandant with respect to the report; and
(iii) relevant information gathered during a focus group under subparagraph (A) during the Academy program year covered by the report, as applicable.
(B) Briefing
Not later than 180 days after the date on which the Commandant submits a report under subparagraph (A), the Commandant shall provide a briefing on the report submitted under subparagraph (A) to—
Briefing
(i) the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and
(ii) the Secretary of Homeland Security.
(e) Victim confidentiality
To the extent that information collected or reported under the authority of this section, such information shall be provided in a form that is consistent with applicable privacy protections under Federal law and does not jeopardize the confidentiality of victims.
Victim confidentiality
(f) Continuity of data and reporting
In carrying out this section, the Commandant shall ensure the continuity of data collection and reporting such that the ability to analyze trends is not compromised.
Continuity of data and reporting
(b) Covered misconduct in Coast Guard
Section 5112 of title 14, United States Code, is amended to read as follows:
Covered misconduct in Coast Guard
(a) In general
Not later than March 1 each year, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on incidents of covered misconduct involving members of the Coast Guard, including recruits and officer candidates, and claims of retaliation related to the reporting of any such incident.
In general
(b) Continuity of data and reporting
In carrying out this section, the Commandant shall ensure the continuity of data collection and reporting such that the ability to analyze trends is not compromised.
Continuity of data and reporting
(c) Contents
Contents
(1) Incidents involving members
Incidents involving members
(A) Information and data
Information and data
(i) Each report required under subsection (a) shall include, for the preceding calendar year, information and data on—
In general
incidents of covered misconduct; and
incidents of retaliation against a member of the Coast Guard related to the reporting of covered misconduct, disaggregated by type of retaliation claim.
(ii) The information and data on the incidents described in clause (i) shall include the following:
Inclusions
All incidents of covered misconduct and retaliation described in clause (i) reported to the Commandant or any other official of the Coast Guard during the preceding calendar year (referred to in this subsection as a ). reported incident
The number of reported incidents committed against members of the Coast Guard.
The number of reported incidents committed by members of the Coast Guard.
Information on reported incidents, in accordance with the policy prescribed under section 549G(b) of the National Defense Authorization Act for Fiscal Year 2022 ( note), to the maximum extent practicable. 10 U.S.C. 1561
The number of reported incidents that were entered into the Catch a Serial Offender system, including the number of such incidents that resulted in the identification of a potential or confirmed match.
The number of reported incidents that were substantiated (referred to in this subsection as a ). substantiated reported incident
A synopsis of each substantiated reported incident that includes—
a brief description of the nature of the incident;
whether the accused member has previously been convicted of sexual assault; and
whether alcohol or other controlled or prohibited substances were involved in the incident, and a description of the involvement.
The type of case disposition associated with each substantiated reported incident, such as—
conviction and sentence by court-martial, including charges and specifications for which convicted;
acquittal of all charges at court-martial;
as appropriate, imposition of a nonjudicial punishment under section 815 of title 10 (article 15 of the Uniform Code of Military Justice);
as appropriate, administrative action taken, including a description of each type of such action imposed;
dismissal of all charges, including a description of each reason for dismissal and the stage at which dismissal occurred; and
whether the accused member was administratively separated or, in the case of an officer, allowed to resign in lieu of court-martial, and the characterization (honorable, general, or other than honorable) of the service of the member upon separation or resignation.
With respect to any incident of covered misconduct reported to the Commandant or any other official of the Coast Guard during the preceding calendar year that involves a report of retaliation relating to the incident—
a narrative description of the retaliation claim;
the nature of the relationship between the complainant and the individual accused of committing the retaliation; and
the nature of the relationship between the individual accused of committing the covered misconduct and the individual accused of committing the retaliation.
The disposition of or action taken by the Coast Guard or any other Federal, State, local, or Tribal entity with respect to a substantiated reported incident.
With respect to any investigation of a reported incident—
the status of the investigation or information relating to any referral to outside law enforcement entities;
the official or office of the Coast Guard that received the complaint;
a description of the results of such an investigation or information with respect to whether the results of the investigation were provided to the complainant; or
whether the investigation substantiated an offense under of title 10 (the Uniform Code of Military Justice). chapter 47
(iii) With respect to the information and data required under clause (i), the Commandant shall report such information and data separately for each type of covered misconduct offense, and shall not aggregate the information and data for multiple types of covered misconduct offenses.
Format
(B) Trends
Subject to subsection (b), beginning on the date of enactment of the , each report required by subsection (a) shall include, for the preceding calendar year, an analysis or assessment of trends in the occurrence, as applicable, of incidents described in subparagraph (A)(i), since the date of enactment of the Coast Guard and Maritime Transportation Act of 2012 (). Public Law 112–213
Trends
(C) Response
Each report required under subsection (a) shall include, for the preceding calendar year, a description of the policies, procedures, processes, initiatives, investigations (including overarching investigations), research, or studies implemented by the Commandant in response to any incident described in subparagraph (A)(i) involving a member of the Coast Guard.
Response
(D) Plan
Each report required under subsection (a) shall include a plan for actions to be taken during the year following the year covered by the report to enhance the prevention of and response to incidents described in subparagraph (A)(i) involving members of the Coast Guard.
Plan
(E) Covered misconduct prevention and response activities
Each report required under subsection (a) shall include an assessment of the adequacy of covered misconduct prevention and response activities related to incidents described in subparagraph (A)(i) carried out by the Coast Guard during the preceding calendar year.
Covered misconduct prevention and response activities
(F) Contributing factors
Each report required under subsection (a) shall include, for incidents described in subparagraph (A)(i)—
Contributing factors
(i) an analysis of the factors that may have contributed to such incidents;
(ii) an assessment of the role of such factors in contributing to such incidents during such year; and
(iii) recommendations for mechanisms to eliminate or reduce such contributing factors.
(2) Incidents involving recruits and officer candidates
Incidents involving recruits and officer candidates
(A) Information and data
Information and data
(i) Subject to subsection (b), each report required under subsection (a) shall include, as a separate appendix or enclosure, for the preceding calendar year, information and data on—
In general
incidents of covered misconduct involving a recruit of the Coast Guard at Training Center Cape May or an officer candidate at the Coast Guard Officer Candidate School; and
incidents of retaliation against such a recruit or officer candidate related to the reporting of covered misconduct, disaggregated by type of retaliation claim.
(ii) Inclusions
Inclusions
The information and data on the incidents described in clause (i) shall include the following:
In general
All incidents of covered misconduct and retaliation described in clause (i) reported to the Commandant or any other official of the Coast Guard during the preceding calendar year (referred to in this subsection as a ). reported incident
The number of reported incidents committed against recruits and officer candidates described in clause (i)(I).
The number of reported incidents committed by such recruits and officer candidates.
Information on reported incidents, in accordance with the policy prescribed under section 549G(b) of the National Defense Authorization Act for Fiscal Year 2022 ( note), to the maximum extent practicable. 10 U.S.C. 1561
The number of reported incidents that were entered into the Catch a Serial Offender system.
Of such reported incidents entered into such system, the number that resulted in the identification of a potential or confirmed match.
The number of reported incidents that were substantiated (referred to in this subsection as a ). substantiated reported incident
A synopsis of each substantiated reported incident that includes—
a brief description of the nature of the incident; and
whether alcohol or other controlled or prohibited substances were involved in the incident, and a description of the involvement.
The type of case disposition associated with each substantiated reported incident, such as—
conviction and sentence by court-martial, including charges and specifications for which convicted;
acquittal of all charges at court-martial;
as appropriate, imposition of a nonjudicial punishment under section 815 of title 10 (article 15 of the Uniform Code of Military Justice);
as appropriate, administrative action taken, including a description of each type of such action imposed;
dismissal of all charges, including a description of each reason for dismissal and the stage at which dismissal occurred; and
(3) Implementation status of accountability and transparency review directed actions
Each report required under subsection (a) submitted during the 5-year period beginning on March 1, 2025, shall include information on the implementation by the Commandant of the directed actions described in the memorandum of the Coast Guard titled , issued on November 27, 2023, including— Commandant’s Directed Actions—Accountability and Transparency
Implementation status of accountability and transparency review directed actions
a description of actions taken to address each directed action during the year covered by the report;
the implementation status of each directed action;
in the case of any directed action that has not been implemented—
(i) a detailed action plan for implementation of the recommendation;
(ii) an estimated timeline for implementation of the recommendation;
(iii) description of changes the Commandant intends to make to associated Coast Guard policies so as to enable the implementation of the recommendation; and
(iv) any other information the Commandant considers appropriate;
a description of the metrics and milestones used to measure completion, accountability, and effectiveness of each directed action;
a description of any additional actions the Commandant is taking to mitigate instances of covered misconduct within the Coast Guard;
any legislative change proposal necessary to implement the directed actions; and
a detailed list of funding necessary to implement the directed actions in a timely and effective manner, including a list of personnel needed for such implementation.
(d) Victim confidentiality
To the extent that information collected under the authority of this section is reported or otherwise made available to the public, such information shall be provided in a form that is consistent with applicable privacy protections under Federal law and does not jeopardize the confidentiality of victims.
Victim confidentiality
(e) Substantiated defined
In this section, the term substantiated has the meaning given the term under section 1631(c) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( note). 10 U.S.C. 1561
Substantiated defined
(c) Clerical amendments
Clerical amendments
(1) Chapter 19
The analysis for of title 14, United States Code, is amended by striking the item relating to section 1902 and inserting the following: chapter 19
A former member of the Coast Guard who is subject to a downgrade in discharge characterization review under subsection (a) shall be notified in writing of such proceedings, afforded the right to obtain copies of records and documents relevant to the proceedings, and the right to appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under of title 38. chapter 59
Notification
(b) Rulemaking
Rulemaking
(1) In general
Not later than 90 days after the date of enactment of this Act, the Commandant shall initiate a rulemaking to implement this section.
In general
(2) Deadline for regulations
The regulations issued under paragraph (1) shall take effect not later than 180 days after the date on which the Commandant promulgates a final rule pursuant to such paragraph.
Deadline for regulations
(c) Clerical amendment
The analysis for of title 14, United States Code, is further amended by adding at the end the following: chapter 25
(i) instructions on specific procedures for implementing the policy issued under subsection (a); and
(ii) information on resources and personnel critical for the implementation of such policy; and
to the maximum extent practicable, shall be provided in person.
(f) Covered misconduct
In this section, the term shall have the meaning given such term in section 2519 of title 14, United States Code (as added by this Act). covered misconduct
Covered misconduct
a description of any additional actions the Commandant is taking to improve the efficiency and effectiveness of the Special Victims’ Counsel program of the Coast Guard;
any legislative change proposal necessary to implement the adopted recommendations; and
an overview of any funding or resource necessary to implement each adopted recommendation in a timely and effective manner, including a list of personnel needed for such implementation.
In general
(2) Policy
The Commandant shall—
Policy
develop and issue a clear policy for carrying out the notification required under paragraph (1) with respect to any member of the Coast Guard described in that paragraph who has made an unrestricted report of sexual assault; and
provide information on such policy to sexual assault response coordinators of the Coast Guard for the purpose of ensuring that such policy is communicated to members of the Coast Guard who may be eligible for a medical examination under this section.
The policy established under subsection (a) shall be made available to the public and incorporated into training and curricula across the Coast Guard at all levels to ensure broad understanding of the policy among members and personnel of the Coast Guard.
Public availability and broad dissemination
(e) Definitions
In this section:
Definitions
(1) Alleged misconduct
The term — alleged misconduct
Alleged misconduct
means a credible allegation that, if proven, would constitute a violation of—
(i) a provision of criminal law, including the Uniform Code of Military Justice ( of title 10); or chapter 47
(ii) a recognized standard, such as the Department of Defense Joint Ethics Regulation or other Federal regulation, including any other Department of Defense regulation and any Department of Homeland Security regulation; or
could reasonably be expected to be of significance to the Secretary or the Inspector General of the department in which the Coast Guard is operating, particularly in a case in which there is an element of misuse of position or of unauthorized personal benefit to the senior official, a family member, or an associate.
(2) Senior leader of the Coast Guard
The term senior leader of the Coast Guard means—
Senior leader of the Coast Guard
an active duty, retired, or reserve officer of the Coast Guard in the grade of O–7 or higher;
an officer of the Coast Guard selected for promotion to the grade of O–7;
a current or former civilian member of the Senior Executive Service employed by the Coast Guard; or
any civilian member of the Coast Guard whose position is deemed equivalent to that of a member of the Senior Executive Service, as determined by the Office of the Inspector General of the department in which the Coast Guard is operating, in concurrence with the Secretary acting through the Commandant.
(c) Clerical amendment
The analysis for of title 14, United States Code, is further amended— chapter 25
Accountability and transparency relating to allegations of misconduct against senior leaders.
by inserting after the item relating to section 2520 (as added by this Act) the following:
an identification of any limitation existing as of the date of enactment of this Act to the provision of such care;
a description of any plan to increase capacity of such staff to provide such care, as applicable; and
a description of any additional resources necessary to provide such care.
An assessment of the manner in which the policies discussed in paragraph (1), the responsibilities of commanders and civilian supervisors described in paragraph (2), and the availability of Coast Guard staff as discussed in paragraph (3) apply specifically to cadets and leadership at the Coast Guard Academy.
Recommendations (including, as appropriate, proposed legislative changes and a plan to publish in the Federal Register not later than 180 days after the date of enactment of this Act a request for information seeking public comment and recommendations) of the Commandant regarding manners in which Coast Guard policies and procedures may be strengthened—
to prevent whistleblower discrimination and harassment;
to better enforce prohibitions on retaliation, including reprisal, restriction, ostracism, and maltreatment, set forth in section 1034 of title 10, United States Code, and section 2302 of title 5, United States Code; and
to hold commanding officers and civilian supervisors accountable for enforcing and complying with prohibitions on any form of retaliation described in such section.
The establishment, revision, or expansion, as necessary, of an anti-retaliation Superintendent’s Instruction for cadets who—
report incidents of sexual harassment or sexual violence;
participate in cadet advocacy groups that advocate for the prevention of, response to, and recovery from sexual harassment and sexual violence; or
seek assistance from a company officer, company senior enlisted leader, athletic coach, or other Coast Guard Academy staff member with respect to a mental health or other medical emergency.
A provision that explains the purpose of and process for issuance of a no-contact order at the Coast Guard Academy, including a description of the manner in which such an order shall be enforced.
A provision that explains the purpose of and process for issuance of a military protective order at the Coast Guard Academy, including a description of—
the manner in which such an order shall be enforced; and
the associated requirement to notify the National Criminal Information Center of the issuance of such an order.
(c) Primary prevention specialist
Not later than 180 days after the date of enactment of this Act, the Superintendent shall hire a Primary Prevention Specialist, to be located and serve at the Coast Guard Academy.
Primary prevention specialist
(d) Temporary leave of absence To receive medical services and mental health and related support services
The Superintendent shall ensure that the Academy’s policy regarding a cadet who has made a restricted or unrestricted report of sexual harassment to request a leave of absence from the Coast Guard Academy is consistent with other military service academies.
Temporary leave of absence To receive medical services and mental health and related support services
Revision of limitations on reopening retired grade determinations
whether new evidence is discovered contemporaneously with or within a short time period after the date of retirement of the officer concerned; and
whether the misconduct concerned was not discoverable through due diligence.
(d) Savings clause
No provision of this section or the amendments made by this section shall be construed to permit a review of conduct that was not in violation of law or policy at the time of the alleged conduct.
Savings clause
Covered member defined
(c) Review of personnel service record to determine suitability for civilian employment
Under policy to be prescribed by the Secretary, the Commandant shall establish procedures that are consistent with the law, policies, and practices of the Department of Defense in effect on the date of enactment of the to consider and review the personnel service record of a former member of the Armed Forces to determine the suitability of the individual for civilian employment in the Coast Guard.
Review of personnel service record to determine suitability for civilian employment
(b) Clerical amendment
The analysis for of title 14, United States Code, is amended by inserting after the item relating to (as added by this Act) the following: chapter 25; section 2521
Inclusion and command review of information on covered misconduct in personnel service records.
(ii) a designee of the Commandant who is in a grade not lower than O–7.
(B) Chain of command exception
In the case of a member of the Coast Guard described in subsection (a) who is in the immediate chain of command of the Commandant or the designee of the Commandant that oversees personnel policy, the flag officer described in this paragraph is a flag officer outside the chain of command of such member, as determined by the Commandant consistent with the policy established under subsection (a).
Chain of command exception
(d) Notification required
Any member of the Coast Guard who has made a report of covered misconduct and who receives a proposal for involuntary separation shall be notified at the time of such proposal of the right of the member to a review under this section.
Notification required
Initial report
a copy of the updated policies of the Coast Guard relating to expedited transfers;
a summary of such updated policies;
for the preceding year, the number of covered individuals who have requested an expedited transfer, disaggregated by gender of the requester and whether the request was granted or denied;
for each denial of an expedited transfer request during the preceding year, a description of the rationale for the denial; and
any other matter the Commandant considers appropriate.
(2) Subsequent reports
Not later than 1 year after the Commandant submits the report required under paragraph (1), and annually thereafter for 3 years, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, as an enclosure or appendix to the report required by section 5112 of title 14, United States Code, a report on the updates required under subsection (a) that includes—
Subsequent reports
any policies of the Coast Guard relating to expedited transfers that have been updated since the previous report submitted under this subsection;
a summary of any such updated policies; and
the information described under subparagraphs (C) through (E) of paragraph (1).
(e) Definitions
In this section:
Definitions
(1) Covered individual
The term covered individual means—
Covered individual
a member of the Coast Guard who is a victim of sexual assault in a case handled under the Sexual Assault Prevention, Response, and Recovery Program or the Family Advocacy Program;
a member of the Coast Guard who is a victim of domestic violence (as defined by the Secretary of the department in which the Coast Guard is operating in the policies prescribed under this section) committed by the spouse or intimate partner of the member, regardless of whether the spouse or intimate partner is a member of the Coast Guard; and
a member of the Coast Guard whose dependent is a victim of sexual assault or domestic violence.
(2) Subject
The term subject means a member of the Coast Guard who is the subject of an investigation related to alleged incidents of sexual assault or domestic violence and is stationed at the same installation as, or in close proximity to, the covered individual involved.
Subject
sex-related offense
Sex-related offense
(iv) new and prospective commanding officer and executive officer training; and
(v) specialized leadership training; and
shall be tailored for specific leadership levels, positions, pay grades, and roles.
(3) Content
The training and education referred to in paragraph (1) shall include the information described in subsection (a)(1)(A).
Content
(c) Covered first responder training
Covered first responder training
(1) In general
Not later than 2 years after the date of enactment of this Act, the Commandant shall ensure that—
In general
training for covered first responders includes the covered misconduct prevention and response training described in subsection (b); and
such covered misconduct prevention and response training is provided to covered first responders on a recurring basis.
(2) Requirements
In addition to the information described in subsection (a)(1)(A), the initial and recurring covered misconduct prevention and response training for covered first responders shall include information on procedures and responsibilities with respect to—
Requirements
the provision of care to a victim of covered misconduct, in accordance with professional standards or practice, that accounts for trauma experienced by the victim and associated symptoms or events that may exacerbate such trauma; and
the manner in which such a victim may receive such care.
(d) Training for prospective commanding officers and executive officers
Training for prospective commanding officers and executive officers
(1) In general
Not later than 18 months after the date of enactment of this Act, the Commandant shall ensure that training for prospective commanders and executive officers at all levels of command includes the covered misconduct prevention and response training described in subsection (b).
In general
(2) Requirements
In addition to the information described in subsection (a)(1)(A), the covered misconduct prevention and response training for prospective commanding officers and executive officers shall be—
Requirements
tailored to the responsibilities and leadership requirements of members of the Coast Guard as they are assigned to command positions; and
revised, as necessary, to include information on—
(i) fostering a command climate—
that does not tolerate covered misconduct;
in which individuals assigned to the command are encouraged to intervene to prevent potential incidents of covered misconduct; and
that encourages victims of covered misconduct to report any incident of covered misconduct;
(ii) the possible variations in the effect of trauma on individuals who have experienced covered misconduct;
(iii) potential differences in the procedures and responsibilities, Department of Veterans Affairs resources, and legal resources described in subsection (a)(1)(A) depending on the operating environment in which an incident of covered misconduct occurred;
(iv) the investigation of alleged incidents of covered misconduct, including training on understanding evidentiary standards;
(v) available disciplinary options, including administrative action and deferral of discipline for collateral misconduct, and examples of disciplinary options in civilian jurisdictions; and
(vi) the capability, operations, reporting structure, and requirements with respect to the Chief Prosecutor of the Coast Guard.
(e) Entry and accession trainings
Entry and accession trainings
(1) Initial training
Initial training
(A) In general
Not later than 1 year after the date of enactment of this Act, the Commandant shall provide for the inclusion of an initial covered misconduct prevention and response training module in the training for each new member of the Coast Guard, which shall be provided not later than 14 duty days after the date of accession.
In general
(B) Requirement
In addition to the information described in subsection (a)(1)(A), the initial training module referred to in subparagraph (A) shall include a comprehensive explanation of Coast Guard—
Requirement
(i) policy with respect to covered misconduct; and
(ii) procedures for reporting covered misconduct.
(2) Subsequent training
Subsequent training
(A) In general
The Commandant shall provide for the inclusion of a detailed covered misconduct prevention and response training module in the training for each new member of the Coast Guard, which shall be provided not later than 60 duty days after the date on which the initial training module described in paragraph (1)(A) is provided.
In general
(B) Content
The detailed training module referred to in subparagraph (A) shall include the information described in subsection (a)(1)(A).
Content
(f) Definitions
In this section:
Definitions
(1) Covered first responder
The term includes sexual assault response coordinators, victim advocates, Coast Guard medical officers, Coast Guard security forces, Coast Guard Investigative Service agents, judge advocates, special victims’ counsel, chaplains, and related personnel. covered first responder
Covered first responder
(2) Covered misconduct
The term covered misconduct has the meaning given such term in section 2519 of title 14, United States Code.
Covered misconduct
nongovernmental organizations; and
institutions of higher education.
The extent to which the Coast Guard has addressed, at the location, provider care staffing standards and credentialing deficiencies identified in the report of the Comptroller General titled , issued on February 4, 2022. Coast Guard Health Care: Improvements Needed for Determining Staffing Needs and Monitoring Access to Care
(d) Reports
The Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—
Reports
as soon as practicable but not later than 1 year after the date of enactment of this Act, a report relating to the results of the review conducted under subsection (a) relating to Training Center Cape May, including any recommendations the Comptroller General considers appropriate; and
not later than 1 year after the date of enactment of this Act—
a report on the results of the review conducted under subsection (a) relating to—
(i) the Coast Guard Academy, including Officer Candidate School; and
(ii) other Coast Guard training locations, as applicable; and
any recommendations the Comptroller General considers appropriate.
The Pacific Regional Fisheries Training Center (PRFTC) in Alameda, California.
The National Motor Lifeboat School at Cape Disappointment, Washington.
The Aviation Technical Training Center in Elizabeth City, North Carolina.
The Aviation Training Center in Mobile, Alabama.
(d) Report
Not later than 1 year after commencing the study required under subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study.
Report
with respect to any recommendation set forth in such report that the Commandant declines to implement, a written justification for the decision.
(e) Anchor point defined
In this section, the term — anchor point
Anchor point defined
means the minimum housing standard reference benchmark used to establish the basic allowance for housing under section 403 of title 37, United States Code; and
includes housing type and size based on pay grade and dependent status.
(1) Report
Not later than 180 days after the date on which the Comptroller General submits the report required under subsection (a), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—
Report
a detailed plan to improve the security of, and the safety of cadets at, the Coast Guard Academy; and
a detailed timeline for implementation of—
(i) the recommendations made by the Comptroller General in such report; and
(ii) any other safety improvement the Commandant considers appropriate.
(2) Policy
Not later than 30 days after the date on which the Comptroller General submits the report required under subsection (a), the Commandant, in a manner that maintains good order and discipline, shall update Coast Guard policy relating to access to the Coast Guard Academy grounds to include procedures by which individuals may be prohibited from accessing the Coast Guard Academy—
Policy
as the Commandant considers appropriate; and
consistent with the recommendations made by the Comptroller General in such report.
Establishment by Secretary of the department in which the Coast Guard is operating of anchorage grounds and regulations generally.
In the heading for subchapter IV in the analysis for chapter 700 by inserting a comma after .
In the heading for subchapter VI in the analysis for chapter 700 by striking and inserting .
Section 70052(e)(1) is amended by striking and inserting .
(g) Oil pollution act of 1990
The Oil Pollution Act of 1990 () is amended as follows: 33 U.S.C. 2701 et seq.
Oil pollution act of 1990
Section 1001 () is amended— 33 U.S.C. 2701
in paragraph (32)(G) by striking pipelineand all that follows through and inserting offshore facility;
in paragraph (39) by striking section 101(20)(G)(i)and inserting section 101(20)(H)(i);
in paragraph (40) by striking section 101(20)(G)(ii)and inserting section 101(20)(H)(ii);
) in paragraph (41) by striking section 101(20)(G)(iii)and inserting section 101(20)(H)(iii);
in paragraph (42) by striking section 101(20)(G)(iv)and inserting section 101(20)(H)(iv);
in paragraph (43) by striking section 101(20)(G)(v)and inserting section 101(20)(H)(v); and
in paragraph (44) by striking section 101(20)(G)(vi)and inserting section 101(20)(H)(vi).
Section 1003(d)(6) () is amended by striking this paragraphand inserting this subsection. 33 U.S.C. 2703(d)(6)
Section 1016 () is amended— 33 U.S.C. 2716
by redesignating subsections (e) through (i) as subsections (d) through (h), respectively; and
in subsection (e)(1)(B), as redesignated by subparagraph (A), by striking subsection (e)and inserting subsection (d).
Section 1012(b)(2) () is amended by striking section 1016(f)(1)and inserting section 1016(e)(1). 33 U.S.C. 2712(b)(2)
Section 1005(b)(5)(B) () is amended by striking section 1016(g)and inserting section 2716(f). 33 U.S.C. 2716(b)(5)(B)
Section 1018(c) () is amended by striking and inserting . 33 U.S.C. 2718(c)
Section 7001(h)(1) () is amended by striking subsection (c)(4)and inserting subsection (e)(4). 33 U.S.C. 2761(h)(1)
(h) Hydrographic Services Improvement Act of 1998
Section 303 of the Hydrographic Services Improvement Act of 1998 () is amended— 33 U.S.C. 892a
in subsection (a) by striking this Actand inserting this title; and
in subsection (b)—
by striking this Actand inserting this title; and
by striking subchapter VI of chapter 10and inserting chapter 11.
(i) Chapter 5
(1) In general
of title 14, United States Code, is amended by redesignating the second section 548 (relating to Marking anchorage grounds by Commandant of the Coast Guard) as section 551. Chapter 5
(2) Clerical amendment
The analysis for of title 14, United States Code, is amended by inserting after the item relating to the following: chapter 5; section 550
Marking anchorage grounds by Commandant of the Coast Guard.
(j) Section 807
Section 807 of the Frank Lobiondo Coast Guard Authorization Act of 2018 ( note) is amended by striking District 9and inserting Great Lakes District. 14 U.S.C. 313
(k) Section 324
Section 324 of title 14, United States Code, as so redesignated, by striking Seventeenth Coast Guard Districtand inserting each place it appears.
whether the accused member was administratively separated or, in the case of an officer, allowed to resign in lieu of court-martial, and the characterization (honorable, general, or other than honorable) of the service of the member upon separation or resignation.
With respect to any incident of covered misconduct involving recruits or officer candidates reported to the Commandant or any other official of the Coast Guard during the preceding calendar year that involves a report of retaliation relating to the incident—
a narrative description of the retaliation claim;
the nature of the relationship between the complainant and the individual accused of committing the retaliation; and
the nature of the relationship between the individual accused of committing the covered misconduct and the individual accused of committing the retaliation.
The disposition of or action taken by the Coast Guard or any other Federal, State, local, or Tribal entity with respect to a substantiated reported incident.
With respect to any investigation of a reported incident—
the status of the investigation or information relating to any referral to outside law enforcement entities;
the official or office of the Coast Guard that received the complaint;
a description of the results of such an investigation or information with respect to whether the results of the investigation were provided to the complainant; or
whether the investigation substantiated an offense under of title 10 (the Uniform Code of Military Justice). chapter 47
With respect to the information and data required under clause (i), the Commandant shall report such information and data separately for each type of covered misconduct offense, and shall not aggregate the information and data for multiple types of covered misconduct offenses.
Format
(B) Trends
Subject to subsection (b), beginning on the date of enactment of , each report required by subsection (a) shall include, for the preceding calendar year, an analysis or assessment of trends in the occurrence, as applicable, of incidents described in subparagraph (A)(i), since the date of enactment of the Coast Guard and Maritime Transportation Act of 2012 (). Public Law 112–213
Trends
(C) Response
Each report required under subsection (a) shall include, for the preceding calendar year, a description of the policies, procedures, processes, initiatives, investigations (including overarching investigations), research, or studies implemented by the Commandant in response to any incident described in subparagraph (A)(i) involving—
Response
(i) a recruit of the Coast Guard at Training Center Cape May; or
(ii) an officer candidate at the Coast Guard Officer Candidate School.
(D) Plan
Each report required under subsection (a) shall include a plan for actions to be taken during the year following the year covered by the report to enhance the prevention of and response to incidents described in subparagraph (A)(i) involving a recruit of the Coast Guard at Training Center Cape May or an officer candidate at the Coast Guard Officer Candidate School.
Plan
(E) Covered misconduct prevention and response activities
Each report required under subsection (a) shall include an assessment of the adequacy of covered misconduct prevention and response activities related to incidents described in subparagraph (A)(i) of this paragraph carried out by the Coast Guard during the preceding calendar year.
Covered misconduct prevention and response activities
(F) Contributing factors
Each report required under subsection (a) shall include, for incidents described in subparagraph (A)(i)—
Contributing factors
(i) an analysis of the factors that may have contributed to such incidents;
(ii) an assessment of the role of such factors in contributing to such incidents during such year; and
(iii) recommendations for mechanisms to eliminate or reduce such contributing factors.