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Title II — Coast Guard

H.R. 4005 · 113th Congress · Apr 2, 2014 · Lineage

II Coast Guard

Sec. 201 Commissioned officers

Section 42(a) of title 14, United States Code, is amended by striking “7,200” and inserting “6,700”.

Sec. 202 Prevention and response workforces

Section 57 of title 14, United States Code, is amended—
(1)
in subsection (b)—
(A)
in paragraph (2) by striking “or” at the end;
(B)
in paragraph (3) by striking the period at the end and inserting a semicolon; and
(C)
by adding at the end the following:

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

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

(2)
in subsection (c) by striking “or marine safety engineer” and inserting “marine safety engineer, waterways operations manager, or port and facility safety and security specialist”; and
(3)
in subsection (f)(2) by striking “investigator or marine safety engineer.” and inserting “investigator, marine safety engineer, waterways operations manager, or port and facility safety and security specialist.”.

Sec. 203 Centers of expertise

Section 58(b) of title 14, United States Code, is amended to read as follows:

“(b) Missions—Any center established under subsection (a) may—

“(1) promote, facilitate, and conduct—

“(A) education;

“(B) training; and

“(C) activities authorized under section 93(a)(4); and

“(2) be a repository of information on operations, practices, and resources related to the mission for which the center was established.”

Sec. 204 Agreements

(a)
In general— Section 93(a)(4) of title 14, United States Code, is amended—
(1)
by striking “, investigate” and inserting “and investigate”; and
(2)
by striking “, and cooperate and coordinate such activities with other Government agencies and with private agencies”.
(b)
Authority— Chapter 5 of title 14, United States Code, is amended by adding at the end the following:

“102. Agreements

“(a) In general—In carrying out section 93(a)(4), the Commandant may—

“(1) enter into cooperative agreements, contracts, and other agreements with Federal entities and other public or private entities, including academic entities; and

“(2) impose on and collect from an entity subject to an agreement or contract under paragraph (1) a fee to assist with expenses incurred in carrying out such section.

“(b) Deposit and use of fees—Fees collected under this section shall be deposited in the general fund of the Treasury as offsetting receipts. The fees may be used, to the extent provided in advance in an appropriation law, only to carry out activities under section 93(a)(4).”

(c)
Clerical amendment— The analysis for chapter 5 of title 14, United States Code, is amended by adding at the end the following:

Sec. 205 Coast Guard housing

(a)
Commandant; general powers— Section 93(a)(13) of title 14, United States Code, is amended by striking “the Treasury” and inserting “the fund established under section 687”.
(b)
Lighthouse property— Section 672a(b) of title 14, United States Code, is amended by striking “the Treasury” and inserting “the fund established under section 687”.
(c)
Conforming amendment— Section 687(b) of title 14, United States Code, is amended by adding at the end the following:

“(4) Monies received under section 93(a)(13).

“(5) Amounts received under section 672a(b).”

Sec. 206 Determinations

(a)
In general— Chapter 5 of title 14, United States Code, as amended by this Act, is further amended by adding at the end the following:

“103. Determinations

“The Secretary may only make a determination that a waterway, or any portion thereof, is navigable for purposes of the jurisdiction of the Coast Guard through a rulemaking that is conducted in a manner consistent with subchapter II of chapter 5 of title 5.”

(b)
Clerical amendment— The analysis for chapter 5 of title 14, United States Code, as amended by this Act, is further amended by adding at the end the following:

Sec. 207 Annual Board of Visitors

Section 194 of title 14, United States Code, is amended to read as follows:

“194. Annual Board of Visitors

“(a) In general—A Board of Visitors to the Coast Guard Academy is established to review and make recommendations on the operation of the Academy.

“(b) Membership

“(1) In general—The membership of the Board shall consist of the following:

“(A) The chairman of the Committee on Commerce, Science, and Transportation of the Senate, or the chairman’s designee.

“(B) The chairman of the Committee on Transportation and Infrastructure of the House of Representatives, or the chairman’s designee.

“(C) 3 Members of the Senate designated by the Vice President.

“(D) 4 Members of the House of Representatives designated by the Speaker of the House of Representatives.

“(E) 6 individuals designated by the President.

“(2) Length of service

“(A) Members of Congress—A Member of Congress designated under subparagraph (C) or (D) of paragraph (1) as a member of the Board shall be designated as a member in the First Session of a Congress and serve for the duration of that Congress.

“(B) Individuals designated by the President—Each individual designated by the President under subparagraph (E) of paragraph (1) 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.

“(3) 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.

“(c) Academy visits

“(1) Annual visit—The Board shall visit the Academy annually to review the operation of the Academy.

“(2) Additional visits—With the approval of the Secretary, the Board or individual members of the Board may make other visits to the Academy in connection with the duties of the Board or to consult with the Superintendent of the Academy.

“(d) Scope of review—The Board shall review, with respect to the Academy—

“(1) the state of morale and discipline;

“(2) the curriculum;

“(3) instruction;

“(4) physical equipment;

“(5) fiscal affairs; and

“(6) other matters relating to the Academy that the Board determines appropriate.

“(e) Report—Not later than 60 days after the date of an annual visit of the Board under subsection (c)(1), the Board shall submit 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 report on the actions of the Board during such visit and the recommendations of the Board pertaining to the Academy.

“(f) Advisors—If approved by the Secretary, the Board may consult with advisors in carrying out this section.

“(g) Reimbursement—Each member of the Board and each adviser consulted by the Board under subsection (f) 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 adviser.”

Sec. 208 Repeal of limitation on medals of honor

Section 494 of title 14, United States Code, is amended by striking “medal of honor,” each place that it appears.

Sec. 209 Mission need statement

(a)
In general— Section 569 of title 14, United States Code, is amended to read as follows:

“569. Mission need statement

“(a) In general—On the date on which the President submits to Congress a budget for fiscal year 2016 under section 1105 of title 31, on the date on which the President submits to Congress a budget for fiscal year 2019 under such section, and every 4 years 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 an integrated major acquisition mission need statement.

“(b) Definitions—In this section, the following definitions apply:

“(1) Integrated major acquisition mission need statement—The term integrated major acquisition mission need statement means a document that—

“(A) identifies current and projected gaps in Coast Guard mission capabilities using mission hour targets;

“(B) explains how each major acquisition program addresses gaps identified under subparagraph (A) if funded at the levels provided for such program in the most recently submitted capital investment plan; and

“(C) describes the missions the Coast Guard will not be able to achieve, by fiscal year, for each gap identified under subparagraph (A).

“(2) Major acquisition program—The term major acquisition program has the meaning given that term in section 569a(e).

“(3) Capital investment plan—The term capital investment plan means the plan required under section 663(a)(1).”

(b)
Clerical amendment— The analysis for chapter 15 of title 14, United States Code, is amended by striking the item relating to section 569 and inserting the following:

Sec. 210 Transmission of annual Coast Guard authorization request

(a)
In general— Title 14, United States Code, as amended by this Act, is further amended by inserting after section 662 the following:

“662a. Transmission of annual Coast Guard authorization request

“(a) In general—Not later than 30 days after the date on which the President submits to Congress a budget for a fiscal year pursuant to section 1105 of title 31, the Secretary 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 Coast Guard authorization request with respect to such fiscal year.

“(b) Coast Guard authorization request defined—In this section, the term Coast Guard authorization request means a proposal for legislation that, with respect to the Coast Guard for the relevant fiscal year—

“(1) recommends end strengths for personnel for that fiscal year, as described in section 661;

“(2) recommends authorizations of appropriations for that fiscal year, including with respect to matters described in section 662; and

“(3) addresses any other matter that the Secretary determines is appropriate for inclusion in a Coast Guard authorization bill.”

(b)
Clerical amendment— The analysis for chapter 17 of title 14, United States Code, is amended by inserting after the item relating to section 662 the following:

Sec. 211 Inventory of real property

(a)
In general— Chapter 17 of title 14, United States Code, is amended by adding at the end the following:

“679. Inventory of real property

“(a) In general—Not later than September 30, 2014, the Commandant shall establish an inventory of all real property, including submerged lands, under the control of the Coast Guard, which shall include—

“(1) the size, the location, and any other appropriate description of each unit of such property;

“(2) an assessment of the physical condition of each unit of such property, excluding lands;

“(3) an estimate of the fair market value of each unit of such property;

“(4) a determination of whether each unit of such property should be—

“(A) retained to fulfill a current or projected Coast Guard mission requirement; or

“(B) subject to divestiture; and

“(5) other information the Commandant considers appropriate.

“(b) Inventory maintenance—The Commandant shall—

“(1) maintain the inventory required under subsection (a) on an ongoing basis; and

“(2) update information on each unit of real property included in such inventory not later than 30 days after any change relating to such property.

“(c) Recommendations to Congress—Not later than March 30, 2015, and every 5 years 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 that includes—

“(1) a list of all real property under the control of the Coast Guard and the location of such property by property type;

“(2) recommendations for divestiture with respect to any units of such property, including an estimate of—

“(A) the fair market value of any property recommended for divestiture; and

“(B) the costs or savings associated with divestiture; and

“(3) recommendations for consolidating any units of such property, including—

“(A) an estimate of the costs or savings associated with each recommended consolidation; and

“(B) a discussion of the impact that such consolidation would have on Coast Guard mission effectiveness.”

(b)
Clerical amendment— The analysis for chapter 17 of title 14, United States Code, as amended by this Act, is further amended by adding at the end the following:

Sec. 212 Active duty for emergency augmentation of regular forces

Section 712(a) of title 14, United States Code, is amended by striking “not more than 60 days in any 4-month period and”.

Sec. 213 Acquisition workforce expedited hiring authority

Section 404(b) of the Coast Guard Authorization Act of 2010 (Public Law 111–281; 124 Stat. 2951) is amended by striking “2015” and inserting “2017”.

Sec. 214 Icebreakers

(a)
Coast Guard Polar Icebreakers— Section 222 of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112–213; 126 Stat. 1560) is amended—
(1)
in subsection (d)(2)—
(A)
in the paragraph heading by striking “; bridging strategy”; and
(B)
by striking “Commandant of the Coast Guard” and all that follows through the period at the end and inserting “Commandant of the Coast Guard may decommission the Polar Sea.”;
(2)
by adding at the end of subsection (d) the following:

“(3) Result of no determination—If in the analysis submitted under this section the Secretary does not make a determination under subsection (a)(5) regarding whether it is cost-effective to reactivate the Polar Sea, then—

“(A) the Commandant of the Coast Guard may decommission the Polar Sea; or

“(B) the Secretary may make such determination, not later than 90 days after the date of enactment of this paragraph, and take actions in accordance with this subsection as though such determination was made in the analysis previously submitted.”

(3)
by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and
(4)
by inserting after subsection (d) the following:

“(e) Strategies

“(1) In general—Not later than 180 days after the date on which the analysis required under subsection (a) is submitted, the Commandant 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—

“(A) a strategy to meet the Coast Guard’s Arctic ice operations needs through September 30, 2050; and

“(B) unless the Secretary makes a determination under this section that it is cost-effective to reactivate the Polar Sea, a bridging strategy for maintaining the Coast Guard’s polar icebreaking services until at least September 30, 2024.

“(2) Requirement—The strategies required under paragraph (1) shall include a business case analysis comparing the leasing and purchasing of icebreakers to maintain the needs and services described in that paragraph.”

(b)
Limitation—
(1)
In general— The Secretary of the department in which the Coast Guard is operating may not expend amounts appropriated for the Coast Guard for any of fiscal years 2015 through 2024, for—
(A)
design activities related to a capability of a Polar-Class Icebreaker that is based on an operational requirement of another Federal department or agency, except for amounts appropriated for design activities for a fiscal year before fiscal year 2016; or
(B)
long-lead-time materials, production, or post-delivery activities related to such a capability.
(2)
Other amounts— Amounts made available to the Secretary under an agreement with another Federal department or agency and expended on a capability of a Polar-Class Icebreaker that is based on an operational requirement of that or another Federal department or agency shall not be treated as amounts expended by the Secretary for purposes of the limitation established under paragraph (1).

Sec. 215 Multiyear procurement authority for Offshore Patrol Cutters

In fiscal year 2015 and each fiscal year thereafter, the Secretary of the department in which the Coast Guard is operating may enter into, in accordance with section 2306b of title 10, United States Code, multiyear contracts for the procurement of Offshore Patrol Cutters and associated equipment.

Sec. 216 Maintaining Medium Endurance Cutter mission capability

Not later than 30 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating 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—
(1)
a schedule and plan for decommissioning, not later than September 30, 2029, each of the 210-foot, Reliance-Class Cutters operated by the Coast Guard on the date of enactment of this Act;
(2)
a schedule and plan for enhancing the maintenance or extending the service life of each of the 270-foot, Famous-Class Cutters operated by the Coast Guard on the date of enactment of this Act—
(A)
to maintain the capability of the Coast Guard to carry out sea-going missions with respect to such Cutters at the level of capability existing on September 30, 2013; and
(B)
for the period beginning on the date of enactment of this Act and ending on the date on which the final Offshore Patrol Cutter is scheduled and planned to be commissioned under paragraph (4);
(3)
an identification of the number of Offshore Patrol Cutters capable of sea state 5 operations that, if 8 National Security Cutters are commissioned, are necessary to return the sea state 5 operating capability of the Coast Guard to the level of capability that existed prior to the decommissioning of the first High Endurance Cutter in fiscal year 2011;
(4)
a schedule and plan for commissioning the number of Offshore Patrol Cutters identified under paragraph (3); and
(5)
a schedule and plan for commissioning, not later than September 30, 2034, a number of Offshore Patrol Cutters not capable of sea state 5 operations that is equal to—
(A)
25; less
(B)
the number of Offshore Patrol Cutters identified under paragraph (3).

Sec. 217 Coast Guard administrative savings

(a)
Elimination of outdated and duplicative reports—
(1)
Marine industry training— Section 59 of title 14, United States Code, is amended—
(A)
by striking “(a) In general.—The Commandant” and inserting “The Commandant”; and
(B)
by striking subsection (b).
(2)
Operations and expenditures— Section 651 of title 14, United States Code, and the item relating to such section in the analysis for chapter 17 of such title, are repealed.
(3)
Drug interdiction— Section 103 of the Coast Guard Authorization Act of 1996 (14 U.S.C. 89 note), and the item relating to that section in the table of contents in section 2 of that Act, are repealed.
(4)
National defense— Section 426 of the Maritime Transportation Security Act of 2002 (14 U.S.C. 2 note), and the item relating to that section in the table of contents in section 1(b) of that Act, are repealed.
(5)
Living marine resources— Section 4(b) of the Cruise Vessel Security and Safety Act of 2010 (16 U.S.C. 1828 note) is amended by adding at the end the following: “No report shall be required under this subsection, including that no report shall be required under section 224 of the Coast Guard and Maritime Transportation Act of 2004 or section 804 of the Coast Guard and Maritime Transportation Act of 2006, for fiscal years beginning after fiscal year 2013.”.
(b)
Consolidation and reform of reporting requirements—
(1)
Marine safety—
(A)
In general— Section 2116(d)(2)(B) of title 46, United States Code, is amended to read as follows:

“(B) on the program’s mission performance in achieving numerical measurable goals established under subsection (b), including—

“(i) the number of civilian and military Coast Guard personnel assigned to marine safety positions; and

“(ii) an identification of marine safety positions that are understaffed to meet the workload required to accomplish each activity included in the strategy and plans under subsection (a); and”

(B)
Conforming amendment— Section 57 of title 14, United States Code, as amended by this Act, is further amended—
(i)
by striking subsection (e); and
(ii)
by redesignating subsections (f), (g), and (h) as subsections (e), (f), and (g) respectively.
(2)
Minor construction— Section 656(d)(2) of title 14, United States Code, is amended to read as follows:

“(2) Report—Not later than the date on which the President submits to Congress a budget under section 1105 of title 31 each year, the Secretary 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 describing each project carried out under paragraph (1), in the most recently concluded fiscal year, for which the amount expended under such paragraph for such project was more than $1,000,000. If no such project was carried out during a fiscal year, no report under this paragraph shall be required with respect to that fiscal year.”

(3)
Rescue 21— Section 346 of the Maritime Transportation Security Act of 2002 (14 U.S.C. 88 note) is amended to read as follows:

“346. Modernization of National Distress and Response System

“(a) Report—Not later than March 30, 2014, the Secretary of the department in which the Coast Guard is operating 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 the Rescue 21 project in Alaska and in Coast Guard sectors Upper Mississippi River, Lower Mississippi River, and Ohio River Valley.

“(b) Contents—The report required under subsection (a) shall—

“(1) describe what improvements are being made to the distress response system in the areas specified in subsection (a), including information on which areas will receive digital selective calling and direction finding capability;

“(2) describe the impediments to installing digital selective calling and direction finding capability in areas where such technology will not be installed;

“(3) identify locations in the areas specified in subsection (a) where communication gaps will continue to present a risk to mariners after completion of the Rescue 21 project;

“(4) include a list of all reported marine accidents, casualties, and fatalities occurring in the locations identified under paragraph (3) since 1990; and

“(5) provide an estimate of the costs associated with installing the technology necessary to close communication gaps in the locations identified under paragraph (3).”

Sec. 218 Technical corrections to title 14

Title 14, United States Code, as amended by this Act, is further amended—
(1)
in section 93(b)(1) by striking “Notwithstanding subsection (a)(14)” and inserting “Notwithstanding subsection (a)(13)”;
(2)
in section 197(b) by striking “of Homeland Security”; and
(3)
in section 573(c)(3)(A) by inserting “and shall maintain such cutter in such class” before the period at the end.

Sec. 219 Flag officers

(a)
In general— Title 14, United States Code, is amended by inserting after section 295 the following:

“296. Flag officers

“During any period in which the Coast Guard is not operating as a service in the Navy, section 1216(d) of title 10 does not apply with respect to flag officers of the Coast Guard.”

(b)
Clerical amendment— The analysis for chapter 11 of title 14, United States Code, is amended by inserting after the item relating to section 295 the following:

Sec. 220 Aviation capability in the Great Lakes region

The Secretary of the department in which the Coast Guard is operating may—
(1)
request and accept through a direct military-to-military transfer under section 2571 of title 10, United States Code, such H–60 helicopters as may be necessary to establish a year-round operational capability in the Coast Guard’s Ninth District; and
(2)
use funds provided under section 101 of this Act to convert such helicopters to Coast Guard MH–60T configuration.

Sec. 221 E-Loran

(a)
In general— The Secretary of the department in which the Coast Guard is operating may not carry out activities related to the dismantling or disposal of infrastructure that supported the former LORAN system until the later of—
(1)
the date that is 1 year after the date of enactment of this Act; or
(2)
the date on which the Secretary provides to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate notice of a determination by the Secretary that such infrastructure is not required to provide a positioning, navigation, and timing system to provide redundant capability in the event GPS signals are disrupted.
(b)
Exception— Subsection (a) does not apply to activities necessary for the safety of human life.
(c)
Agreements— The Secretary may enter into cooperative agreements, contracts, and other agreements with Federal entities and other public or private entities, including academic entities, to develop a positioning, timing, and navigation system, including an enhanced LORAN system, to provide redundant capability in the event GPS signals are disrupted.