Title II — Coast Guard

“(a) In general—A Reserve officer is eligible for consideration for promotion and for promotion under this subchapter, if that officer is in an active status.

“(b) Ineligibility—A Reserve officer who has been considered but not recommended for retention in an active status by a board convened under section 3752(a) of this title, is not eligible for consideration for promotion.

“(c) Authority To opt out of promotion board consideration

“(1) In general—The Commandant may provide that an officer may, upon the officer’s request, be excluded from consideration by a selection board convened under section 3740(b) of this title to consider officers for promotion to the next higher grade.

“(2) Requirements—The Commandant may only approve a request under paragraph (1) if—

“(A) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, a unique personal or professional goal, or another assignment of significant value to the Coast Guard, or a career progression requirement delayed by the assignment, education, or goal;

“(B) the Commandant determines the exclusion from consideration is in the best interest of the Coast Guard; and

“(C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.”

“2130. Promotion to certain grades for officers with critical skills; captain, commander, lieutenant commander, lieutenant

“(a) In general—An officer in the grade of lieutenant (junior grade), lieutenant, lieutenant commander, or commander, who is described in subsection (b) may be temporarily promoted to the grade of lieutenant, lieutenant commander, commander, or captain under regulations prescribed by the Secretary. Appointments under this section shall be made by the President, by and with the advice and consent of the Senate.

“(b) Covered officers—An officer described in this subsection is any officer in a grade specified in subsection (a) who—

“(1) has a skill in which the Coast Guard has a critical shortage of personnel (as determined by the Secretary); and

“(2) is serving in a position (as determined by the Secretary) that—

“(A) is designated to be held by a lieutenant, lieutenant commander, commander, or captain; and

“(B) requires that an officer serving in such position have the skill possessed by such officer.

“(c) Preservation of position and status of officers appointed

“(1) The temporary positions authorized by this section shall not be counted among or included in the list of positions on the active duty promotion list.

“(2) An appointment under this section does not change the position on the active-duty promotion list or the permanent, probationary, or acting status of the officer so appointed, prejudice the officer in regard to other promotions or appointments, or abridge the rights or benefits of the officer.

“(d) Board recommendation required—A temporary promotion under this section may be made only upon the recommendation of a board of officers convened by the Secretary for the purpose of recommending officers for such promotions.

“(e) Acceptance and effective date of appointment—Each appointment under this section, unless expressly declined, is, without formal acceptance, regarded as accepted on the date such appointment is made, and a member so appointed is entitled to the pay and allowances of the grade of the temporary promotion under this section from the date the appointment is made.

“(f) Termination of appointment—Unless sooner terminated, an appointment under this section terminates—

“(1) on the date the officer who received the appointment is promoted to the permanent grade of lieutenant, lieutenant commander, commander, or captain;

“(2) on the date the officer is detached from a position described in subsection (b)(2), unless the officer is on a promotion list to the permanent grade of lieutenant, lieutenant commander, commander, or captain, in which case the appointment terminates on the date the officer is promoted to that grade;

“(3) if the officer is determined to have engaged in misconduct or displayed substandard performance in the position concerned; or

“(4) when otherwise determined by the Commandant to be in the best interests of the Coast Guard.

“(g) Limitation on number of eligible positions—An appointment under this section may only be made for service in a position designated by the Secretary for the purposes of this section. The number of positions so designated may not exceed the following:

“(1) As lieutenant, the number equal to 0.2 percent of the authorized number of lieutenants in the Coast Guard as of the end of the fiscal year in which the appointment is made.

“(2) As lieutenant commander, the number equal to 0.6 percent of the authorized number of lieutenant commanders in the Coast Guard as of the end of the fiscal year in which the appointment is made.

“(3) As commander, the number equal to 0.3 percent of the authorized number of commanders in the Coast Guard as of the end of the fiscal year in which the appointment is made.

“(4) As captain, the number equal to 0.15 percent of the authorized number of captains in the Coast Guard as of the end of the fiscal year in which the appointment is made.”

“(d) Retirement under this section is subject to section 2501(a) of this title.”

“2514. Career flexibility to enhance retention of members

“(a) Program authorized—The Commandant may carry out a program under which members of the Coast Guard may be inactivated from active service to meet personal or professional needs and returned to active service at the end of such period of inactivation from active service.

“(b) Period of inactivation from active service; effect of inactivation

“(1) In general—The period of inactivation from active service under the program under this section of a member participating in the program shall be such period as the Commandant shall specify in the agreement of the member under subsection (c), except that such period may not exceed 3 years.

“(2) Total years of service—Any service by a Reserve officer while participating in the program under this section shall be excluded from computation of the total years of service of that officer under section 14706(a) of title 10.

“(3) Retirement or transfer—Any period of participation of a member in the program under this section shall not count toward—

“(A) eligibility for retirement or transfer to the Ready Reserve under chapter 841 or 1223 of title 10; or

“(B) computation of retired or retainer pay under chapter 71 or 1223 of title 10.

“(c) Agreement—Each member of the Coast Guard who participates in the program under this section shall enter into a written agreement with the Commandant under which agreement that member shall agree as follows:

“(1) To accept an appointment or enlist, as applicable, and serve in the Coast Guard Ready Reserve during the period of the inactivation of the member from active service under the program.

“(2) To undergo during the period of the inactivation of the member from active service under the program such inactive service training as the Commandant shall require in order to ensure that the member retains proficiency, at a level determined by the Commandant to be sufficient, in the military skills, professional qualifications, and physical readiness of the member during the inactivation of the member from active service.

“(3) Following completion of the period of the inactivation of the member from active service under the program, to serve 2 months as a member of the Coast Guard on active service for each month of the period of the inactivation of the member from active service under the program.

“(d) Conditions of release—The Commandant shall—

“(1) prescribe regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by subsection (c); and

“(2) at a minimum, prescribe the procedures and standards to be used to instruct a member on the obligations to be assumed by the member under subsection (c)(2) while the member is released from active service.

“(e) Order to active service—Under regulations prescribed by the Commandant, a member of the Coast Guard participating in the program under this section may, in the discretion of the Commandant, be required to terminate participation in the program and be ordered to active service.

“(f) Pay and allowances

“(1) In general—During each month of participation in the program under this section, a member who participates in the program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the member would otherwise be entitled under section 204 of title 37 as a member of the uniformed services on active service in the grade and years of service of the member when the member commences participation in the program.

“(2) Limitations

“(A) Special or incentive pay or bonuses—A member who participates in the program shall not, while participating in the program, be paid any special or incentive pay or bonus to which the member is otherwise entitled under an agreement under section 1925 of this title or chapter 5 of title 37 that is in force when the member commences participation in the program.

“(B) Not treated as failure to perform—The inactivation from active service of a member participating in the program shall not be treated as a failure of the member to perform any period of service required of the member in connection with an agreement for a special or incentive pay or bonus under section 1925 of this title or chapter 5 of title 37 that is in force when the member commences participation in the program.

“(3) Return to service

“(A) In general—Subject to subparagraph (B), upon the return of a member to active service after completion by the member of participation in the program—

“(i) any agreement entered into by the member under section 1925 of this title or chapter 5 of title 37 for the payment of a special or incentive pay or bonus that was in force when the member commenced participation in the program shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the program; and

“(ii) any special or incentive pay or bonus shall be payable to the member in accordance with the terms of the agreement concerned for the term specified in clause (i).

“(B) Nonapplicability—Subparagraph (A)—

“(i) shall not apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, at the time of the return of the member to active service as described in that subparagraph—

“(I) such pay or bonus is no longer authorized by law; or

“(II) the member does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the member to active service; and

“(ii) shall cease to apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, during the term of the revived agreement of the member under subparagraph (A)(i), such pay or bonus ceases being authorized by law.

“(C) Repayment—A member who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph (B)(i)(II) shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable agreement of the member under section 1925 of this title or chapter 5 of title 37.

“(D) Service in addition to other service—Any service required of a member under an agreement covered by this paragraph after the member returns to active service as described in subparagraph (A) shall be in addition to any service required of the member under an agreement under subsection (c).

“(4) Travel and transportation allowances

“(A) In general—Subject to subparagraph (B), a member who participates in the program is entitled, while participating in the program, to the travel and transportation allowances authorized by section 474 of title 37 for—

“(i) travel performed from the residence of the member, at the time of release from active service to participate in the program, to the location in the United States designated by the member as his residence during the period of participation in the program; and

“(ii) travel performed to the residence of the member upon return to active service at the end of the participation of the member in the program.

“(B) Limitations—An allowance is payable under this paragraph only with respect to travel of a member to and from a single residence.

“(5) Leave balances—A member who participates in the program is entitled to carry forward the leave balance existing as of the day on which the member begins participation and accumulated in accordance with section 701 of title 10, but not to exceed 60 days.

“(g) Promotion

“(1) Ineligibility

“(A) In general—An officer participating in the program under this section shall not, while participating in the program, be eligible for consideration for promotion under chapter 21 or 37 of this title.

“(B) Return to active service—Upon the return of an officer to active service after completion by the officer of participation in the program—

“(i) the Commandant may adjust the date of rank of the officer in such manner as the Commandant may prescribe in regulations for purposes of this section; and

“(ii) the officer shall be eligible for consideration for promotion when officers of the same grade and seniority are eligible for consideration for promotion.

“(2) Period of ineligibility—An enlisted member participating in the program shall not be eligible for consideration for advancement during the period that—

“(A) begins on the date of the inactivation of the member from active service under the program; and

“(B) ends at such time after the return of the member to active service under the program that the member is treatable as eligible for advancement by reason of time in grade and such other requirements as the Commandant may prescribe in regulations for purposes of the program.

“(h) Continued entitlement—A member participating in the program under this section shall, while participating in the program, be treated as a member of the armed forces on active duty for a period of more than 30 days for purposes of—

“(1) the entitlement of the member and of the dependents of the member to medical and dental care under the provisions of chapter 55 of title 10; and

“(2) retirement or separation for physical disability under the provisions of chapter 61 of title 10 and chapters 21 and 23 of this title.”

“3738a. Direct commissioning authority for individuals with critical skills

“An individual with critical skills that the Commandant consider necessary for the Coast Guard to complete its missions who is not currently serving as an officer in the Coast Guard, may be commissioned into the Coast Guard at a grade up to, and including, commander.”

“(7) the state of diversity and inclusion; and”

“2780. Pay; continuation during lapse in appropriations

“(a) In general—In the case of any period in which there is a Coast Guard-specific funding lapse, there are appropriated such sums as may be necessary—

“(1) to provide pay and allowances to military members of the Coast Guard, including the reserve component thereof, who perform active service or inactive-duty training during such period;

“(2) to provide pay and benefits to qualified civilian employees of the Coast Guard;

“(3) to provide pay and benefits to qualified contract employees of the Coast Guard;

“(4) to provide for—

“(A) the payment of a death gratuity under sections 1475 through 1477 and 1489 of title 10, with respect to members of the Coast Guard;

“(B) the payment or reimbursement of authorized funeral travel and travel related to the dignified transfer of remains and unit memorial services under section 481f of title 37, with respect to members of the Coast Guard; and

“(C) the temporary continuation of a basic allowance of housing for dependents of members of the Coast Guard dying on active duty, as authorized by section 403(1) of title 37; and

“(5) to provide for Coast Guard retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose, 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 chapter 55 of title 10.

“(b) Coast Guard-Specific funding lapse—For purposes of this section, a Coast Guard-specific funding lapse occurs in any case in which—

“(1) a general appropriation bill providing appropriations for the Coast Guard for a fiscal year is not enacted before the beginning of such fiscal year (and no joint resolution making continuing appropriations for the Coast Guard is in effect); and

“(2) a general appropriation bill providing appropriations for the Department of Defense for such fiscal year is enacted before the beginning of such fiscal year (or a joint resolution making continuing appropriations for the Department of Defense is in effect).

“(c) Termination—Appropriations and funds made available and authority granted for any fiscal year for any purpose under subsection (a) shall be available until whichever of the following first occurs:

“(1) The enactment into law of an appropriation (including a continuing appropriation) for such purpose.

“(2) The enactment into law of an appropriation (including a continuing appropriation) for the Coast Guard without provision for such purpose.

“(3) The termination of availability of appropriations for the Department of Defense.

“(4) The date that is 180 days after the beginning of the Coast Guard-specific funding lapse.

“(d) Rate for operations; applicability to appropriation acts—Appropriations made pursuant this section shall be available at a rate for operations and to the extent and in the manner that would be provided by the pertinent appropriations Act.

“(e) Charge to future appropriations—Expenditures made pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is enacted into law.

“(f) Apportionment—Appropriations and funds made available by or authority granted under this section may be used without regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, but nothing in this section may be construed to waive any other provision of law governing the apportionment of funds.

“(g) Definitions—In this section:

“(1) The term “qualified civilian employee” means a civilian employee of the Coast Guard whom the Commandant determines is—

“(A) providing support to members of the Coast Guard or another Armed Force; or

“(B) performing work as an excepted employee or an employee performing emergency work, as those terms are defined by the Office of Personnel Management.

“(2) The term “qualified contract employee of the Coast Guard” means an individual performing work under a contract whom the Commandant determines is—

“(A) providing support to military members or qualified civilian employees of the Coast Guard or another Armed Force; or

“(B) required to perform work during a lapse in appropriations.”

“(d) Agreements with National Coast Guard Museum Association

“(1) The Commandant may offer to enter into one or more agreements with the National Coast Guard Museum Association (referred to in this subsection as the “Association”) for any purpose the Commandant considers beneficial to the Coast Guard.

“(2) With respect to the construction of the National Coast Guard Museum, the Commandant may—

“(A) permit the Association to enter into one or more contracts for the design and construction of the National Coast Guard Museum; and

“(B) carry out oversight responsibilities that, among other things, ensures construction of the museum will comport with future Coast Guard operations and sustainment after it is accepted by the Secretary.

“(3)

“(A) On the satisfactory completion of the National Coast Guard Museum and the satisfaction by the Association of any financial obligations incident to the National Coast Guard Museum—

“(i) the Commandant may accept the National Coast Guard Museum from the Association; and

“(ii) all right, title, and interest in and to the National Coast Guard Museum shall vest in the United States.

“(B) Beginning on the date on which the Commandant accepts the National Coast Guard Museum under subparagraph (A), the Commandant shall assume administrative jurisdiction over the National Coast Guard Museum.

“(C) Before the date on which the Commandant accepts the National Coast Guard Museum under subparagraph (A), the Association may lease the National Coast Guard Museum to the Commandant—

“(i) under such terms and conditions as the Commandant considers appropriate; and

“(ii) for use consistent with the purposes of the National Coast Guard Museum.

“(D) After the date on which the Commandant accepts the National Coast Guard Museum under subparagraph (A), the Commandant may lease 1 or more portions of the National Coast Guard Museum to the Association—

“(i) under such terms and conditions as the Commandant considers appropriate; and

“(ii) for use consistent with the purposes of the National Coast Guard Museum.

“(E) Prior to the acceptance of the National Coast Guard Museum by the Commandant under subparagraph (A), the Commandant may coordinate with, and provide advice to, the Association for purposes of establishing the National Coast Guard Museum.

“(4) The Commandant may require such additional terms and conditions with respect to an agreement or lease authorized under this subsection as the Commandant considers appropriate to protect the interests of the United States.”

“717a. Research projects; transactions other than contracts and grants

“(a) Additional forms of transactions authorized—The Commandant may enter into transactions (other than contracts, cooperative agreements, and grants) under the authority of this subsection in carrying out basic, applied, and advanced research projects. The authority under this subsection is in addition to the authority provided in section 717 of this title to use contracts, cooperative agreements, and grants in carrying out such projects. The authority under this subsection shall expire on September 30, 2025.

“(b) Advance payments—The authority provided under subsection (a) may be exercised without regard to section 3324 of title 31.

“(c) Recovery of funds

“(1) In general—A cooperative agreement for performance of basic, applied, or advanced research authorized by section 717 of this title and a transaction authorized by subsection (a) may include a clause that requires a person or other entity to make payments to the Coast Guard or any other department or agency of the Federal Government as a condition for receiving support under the agreement or other transaction.

“(2) Availability of funds—The amount of any payment received by the Federal Government pursuant to a requirement imposed under paragraph (1) may be credited, to the extent authorized by the Commandant, to an appropriate account. Amounts so credited shall be merged with other funds in the account and shall be available for the same purposes and the same period for which other funds in such account are available.

“(d) Conditions—The Commandant shall ensure that, to the maximum extent practicable, no cooperative agreement containing a clause under subsection (c)(1), and no transaction entered into under subsection (a), provides for research that duplicates research being conducted under existing programs carried out by the Coast Guard.

“(e) Education and training—The Commandant shall—

“(1) ensure that management, technical, and contracting personnel of the Coast Guard involved in the award or administration of transactions under this section or other innovative forms of contracting are afforded opportunities for adequate education and training on such transactions and forms of contracting; and

“(2) establish minimum levels and requirements for continuous and experiential learning on such transactions and forms of contracting for such personnel, including levels and requirements for acquisition certification programs.

“(f) Protection of certain information from disclosure

“(1) In general—Disclosure of information described in paragraph (2) is not required, and may not be compelled under section 552 of title 5 for 5 years after the date on which the information is received by the Coast Guard.

“(2) Information described

“(A) Applicability—Paragraph (1) applies to the information described in subparagraph (B) that is in the records of the Coast Guard if the information was submitted to the Coast Guard in a competitive or noncompetitive process having the potential for resulting in an award, to the party submitting the information, of a cooperative agreement for performance of basic, applied, or advanced research authorized by section 717 of this title or another transaction authorized by subsection (a).

“(B) Information described—The information described in this subparagraph is as follows:

“(i) A proposal, proposal abstract, and supporting documents.

“(ii) A business plan submitted on a confidential basis.

“(iii) Technical information submitted on a confidential basis.

“(g) Regulations—The Commandant shall prescribe regulations, as necessary, to carry out this section.

“(h) Transparency—Not later than 60 days after the date that a transaction agreement is made under subsection (a), the Commandant shall make available to the public, in a searchable format on an Internet website of the Coast Guard, information on the transaction agreement, including an estimate of committed Coast Guard resources for and the expected benefits to the Coast Guard from the transaction agreement, with appropriate redactions for proprietary, sensitive, or classified information.

“(i) Reports

“(1) In general—Not later than December 30 each year through 2025, 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 use by the Coast Guard of additional transaction authority under subsection (a) during the fiscal year ending in such year.

“(2) Contents—Each report under paragraph (1) shall include—

“(A) for each transaction agreement under subsection (a) in effect during the fiscal year covered by the report—

“(i) an indication whether the transaction agreement is a reimbursable, non-reimbursable, or funded agreement;

“(ii) a description of—

“(I) the subject and terms;

“(II) the parties;

“(III) the value;

“(IV) the extent of the cost sharing among Federal Government and non-Federal sources;

“(V) the duration or schedule; and

“(VI) all milestones;

“(iii) an indication whether the transaction agreement was renewed during such fiscal year;

“(iv) the technology areas in which research projects were conducted under the transaction agreement;

“(v) the extent to which the use of the transaction agreement—

“(I) has contributed to a broadening of the technology and industrial base available for meeting Coast Guard needs; and

“(II) has fostered within that technology and industrial base new relationships and practices that support the United States; and

“(vi) the total value received by the Federal Government under the transaction agreement during such fiscal year; and

“(B) a list of all anticipated reimbursable, nonreimbursable, and funded transaction agreements under subsection (a) during the fiscal year in which the report is submitted.”

“719. Support of elementary and secondary education in science, mathematics, and technology

“(a) In general—The Secretary of the department in which the Coast Guard is operating, in coordination with the Secretary of Education, may establish programs for the purpose of improving the mathematics and scientific knowledge and skills of elementary and secondary school students and faculty members.

“(b) Cooperation with department of defense—The Secretary of the department in which the Coast Guard is operating may cooperate and coordinate with the Secretary of Defense for the purpose of improving the mathematics and scientific knowledge and skills of elementary school students and faculty members, including participating in the Department of Defense STARBASE Program under section 2193b of title 10.

“(c) Areas of focus—In addition to general mathematics and scientific knowledge, any program or activity carried out under subsection (a) or (b) may also focus on areas of specific Coast Guard expertise, including limnology, marine science, and oceanography.”

“1111. Acquisition workforce authorities

“(a) Expedited hiring authority

“(1) In general—For purposes of section 3304 of title 5, the Commandant may—

“(A) designate any category of acquisition positions within the Coast Guard as shortage category positions; and

“(B) use the authorities in such section to recruit and appoint highly qualified persons directly to positions so designated.

“(2) Reports—The Commandant shall include in reports under section 5103 of this title information described in that section regarding positions designated under this subsection.

“(b) Reemployment authority

“(1) In general—Except as provided in paragraph (2), if an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in any category of acquisition positions designated by the Commandant under subsection (a), the annuity of an annuitant so employed shall continue. An annuitant so reemployed shall not be considered an employee for purposes of subchapter III of chapter 83 or chapter 84 of title 5.

“(2) Election

“(A) In general—An annuitant retired under section 8336(d)(1) or 8414(b)(1)(A) of title 5, receiving an annuity from the Civil Service Retirement and Disability Fund, who becomes employed in a position designated by the Commandant under subsection (a) may elect to be subject to section 8344 or 8468 of such title (as the case may be), respectively.

“(B) Deadline—An election for coverage under this paragraph shall be filed not later than 90 days after the Commandant takes reasonable actions to notify employees who may file an election.

“(C) Coverage—If an employee files an election under this paragraph, coverage shall be effective beginning on the first day of the first applicable pay period beginning on or after the date of the filing of the election.

“(D) Application—Paragraph (1) shall apply to an individual who is eligible to file an election under such paragraph and does not file a timely election under this paragraph in accordance with subparagraph (B).”

“1112. Resolution by the Chief Acquisition Officer of acquisition disputes elevated to the Officer

“If, after 90 days following the elevation to the Chief Acquisition Officer of any design or other dispute regarding Level 1 or Level 2 acquisition, the dispute remains unresolved, the Commandant shall provide to the appropriate congressional committees a detailed description of the issue and the rationale underlying the decision taken by the Chief Acquisition Officer to resolve the issue.”

“(1) Availability—Amounts in the Fund shall be available to the Secretary without further appropriation, and shall remain available until expended.”

“(B) operate and sustain the cutters and aircraft identified under paragraph (2);”

“(e) Especially hazardous cargo

“(1) Enforcement of security zones—Consistent with other provisions of Federal law, the Coast Guard shall coordinate and be responsible for the enforcement of any Federal security zone established by the Coast Guard around a vessel containing especially hazardous cargo. The Coast Guard shall allocate available resources so as to deter and respond to a transportation security incident, to the maximum extent practicable, and to protect lives or protect property in danger.

“(2) Especially hazardous cargo defined—In this subsection, the term especially hazardous cargo means anhydrous ammonia, ammonium nitrate, chlorine, liquefied natural gas, liquefied petroleum gas, and any other substance, material, or group or class of material, in a particular amount and form that the Secretary determines by regulation poses a significant risk of creating a transportation security incident while being transported in maritime commerce.”