Title II — Coast Guard
TITLE II Coast Guard
SEC. 202. Vice Admirals.
“(1) The President may—
“(A) designate, within the Coast Guard, no more than five positions of importance and responsibility that shall be held by officers who, while so serving—
“(i) shall have the grade of vice admiral, with the pay and allowances of that grade; and
“(ii) shall perform such duties as the Commandant may prescribe, except that if the President designates five such positions, one position shall be the Chief of Staff of the Coast Guard; and
“(B) designate, within the executive branch, other than within the Coast Guard or the National Oceanic and Atmospheric Administration, positions of importance and responsibility that shall be held by officers who, while so serving, shall have the grade of vice admiral, with the pay and allowances of that grade.”
; and
“(C) at the discretion of the Secretary, while awaiting orders after being relieved from the position, beginning on the day the officer is relieved from the position, but not for more than 60 days; and”
SEC. 203. Coast Guard Remission of Indebtedness.
“§ 461. Remission of indebtedness
“The Secretary may have remitted or cancelled any part of a person’s indebtedness to the United States or any instrumentality of the United States if—
“(1) the indebtedness was incurred while the person served on active duty as a member of the Coast Guard; and
“(2) the Secretary determines that remitting or cancelling the indebtedness is in the best interest of the United States.”
“461. Remission of indebtedness.”.
SEC. 204. Acquisition Reform.
“(B) the performance data to be used to determine whether the key performance parameters have been resolved;”
; and
“(D) the results during test and evaluation that will be required to demonstrate that a capability, asset, or subsystem meets performance requirements;”
“(b) New Capital Assets.—In the fiscal year following each fiscal year for which appropriations are enacted for a new capital asset, the report submitted under subsection (a) shall include—
“(1) an estimated life-cycle cost estimate for the new capital asset;
“(2) an assessment of the impact the new capital asset will have on—
“(A) delivery dates for each capital asset;
“(B) estimated completion dates for each capital asset;
“(C) the total estimated cost to complete each capital asset; and
“(D) other planned construction or improvement projects; and
“(3) recommended funding levels for each capital asset necessary to meet the estimated completion dates and total estimated costs included in the such asset’s approved acquisition program baseline.”
; and
“(c) Definitions.—In this section—
“(1) the term ‘unfunded priority’ means a program or mission requirement that—
“(A) has not been selected for funding in the applicable proposed budget;
“(B) is necessary to fulfill a requirement associated with an operational need; and
“(C) the Commandant would have recommended for inclusion in the applicable proposed budget had additional resources been available or had the requirement emerged before the budget was submitted; and
“(2) the term ‘new capital asset’ means—
“(A) an acquisition program that does not have an approved acquisition program baseline; or
“(B) the acquisition of a capital asset in excess of the number included in the approved acquisition program baseline.”
“(e) Long-term Major Acquisitions Plan.—Each report under subsection (a) shall include a plan that describes for the upcoming fiscal year, and for each of the 20 fiscal years thereafter—
“(1) the numbers and types of cutters and aircraft to be decommissioned;
“(2) the numbers and types of cutters and aircraft to be acquired to—
“(A) replace the cutters and aircraft identified under paragraph (1); or
“(B) address an identified capability gap; and
“(3) the estimated level of funding in each fiscal year required to—
“(A) acquire the cutters and aircraft identified under paragraph (2);
“(B) acquire related command, control, communications, computer, intelligence, surveillance, and reconnaissance systems; and
“(C) acquire, construct, or renovate shoreside infrastructure.
“(f) Quarterly Updates on Risks of Programs.—
“(1) In general.—Not later than 15 days after the end of each fiscal year quarter, the Commandant of the Coast Guard shall submit to the committees of Congress specified in subsection (a) an update setting forth a current assessment of the risks associated with all current major acquisition programs.
“(2) Elements.—Each update under this subsection shall set forth, for each current major acquisition program, the following:
“(A) The top five current risks to such program.
“(B) Any failure of such program to demonstrate a key performance parameter or threshold during operational test and evaluation conducted during the fiscal year quarter preceding such update.
“(C) Whether there has been any decision during such fiscal year quarter to order full-rate production before all key performance parameters or thresholds are met.
“(D) Whether there has been any breach of major acquisition program cost (as defined by the Major Systems Acquisition Manual) during such fiscal year quarter.
“(E) Whether there has been any breach of major acquisition program schedule (as so defined) during such fiscal year quarter.”
SEC. 205. Auxiliary Jurisdiction.
“(a) In General.—The purpose”
; and
“(b) Limitation.—The Auxiliary may conduct a patrol of a waterway, or a portion thereof, only if—
“(1) the Commandant has determined such waterway, or portion thereof, is navigable for purposes of the jurisdiction of the Coast Guard; or
“(2) a State or other proper authority has requested such patrol pursuant to section 141 of this title or section 13109 of title 46.”
SEC. 206. Coast Guard Communities.
SEC. 207. Polar Icebreakers.
“(a) In General.—Not later than 1 year after the date of the enactment of the Coast Guard Authorization Act of 2015, the Secretary of the department in which the Coast Guard is operating shall—
“(1) complete a materiel condition assessment with respect to the Polar Sea;
“(2) make a determination of whether it is cost effective to reactivate the Polar Sea compared with other options to provide icebreaking services as part of a strategy to maintain polar icebreaking services; and
“(3) submit to the Committee on Transportation and Infrastructure and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—
“(A) the assessment required under paragraph (1); and
“(B) written notification of the determination required under paragraph (2).”
SEC. 208. Air Facility Closures.
“§ 676a. Air facility closures
“(a) Prohibition.—
“(1) In general.—The Coast Guard may not—
“(A) close a Coast Guard air facility that was in operation on November 30, 2014; or
“(B) retire, transfer, relocate, or deploy an aviation asset from an air facility described in subparagraph (A) for the purpose of closing such facility.
“(2) Sunset.—Paragraph (1) shall have no force or effect beginning on the later of—
“(A) January 1, 2018; or
“(B) the date on which the Secretary submits to the Committee on Transportation and Infrastructure of the House of Representatives, and to the Committee on Commerce, Science, and Transportation of the Senate, rotary wing strategic plans prepared in accordance with section 208(b) of the Coast Guard Authorization Act of 2015.
“(b) Closures.—
“(1) In general.—Beginning on January 1, 2018, the Secretary may not close a Coast Guard air facility, except as specified by this section.
“(2) Determinations.—The Secretary may not propose closing or terminating operations at a Coast Guard air facility unless the Secretary determines that—
“(A) remaining search and rescue capabilities maintain the safety of the maritime public in the area of the air facility;
“(B) regional or local prevailing weather and marine conditions, including water temperatures or unusual tide and current conditions, do not require continued operation of the air facility; and
“(C) Coast Guard search and rescue standards related to search and response times are met.
“(3) Public notice and comment.—Prior to closing an air facility, the Secretary shall provide opportunities for public comment, including the convening of public meetings in communities in the area of responsibility of the air facility with regard to the proposed closure or cessation of operations at the air facility.
“(4) Notice to congress.—Prior to closure, cessation of operations, or any significant reduction in personnel and use of a Coast Guard air facility that is in operation on or after December 31, 2015, the Secretary shall—
“(A) submit to the Congress a proposal for such closure, cessation, or reduction in operations along with the budget of the President submitted to Congress under section 1105(a) of title 31 for the fiscal year in which the action will be carried out; and
“(B) not later than 7 days after the date a proposal for an air facility is submitted pursuant to subparagraph (A), provide written notice of such proposal to each of the following:
“(i) Each member of the House of Representatives who represents a district in which the air facility is located.
“(ii) Each member of the Senate who represents a State in which the air facility is located.
“(iii) Each member of the House of Representatives who represents a district in which assets of the air facility conduct search and rescue operations.
“(iv) Each member of the Senate who represents a State in which assets of the air facility conduct search and rescue operations.
“(v) The Committee on Appropriations of the House of Representatives.
“(vi) The Committee on Transportation and Infrastructure of the House of Representatives.
“(vii) The Committee on Appropriations of the Senate.
“(viii) The Committee on Commerce, Science, and Transportation of the Senate.
“(c) Operational Flexibility.—The Secretary may implement any reasonable management efficiencies within the air station and air facility network, such as modifying the operational posture of units or reallocating resources as necessary to ensure the safety of the maritime public nationwide.”
“676a. Air facility closures.”.
SEC. 209. Technical Corrections to Title 14, United States Code.
“19. Environmental Compliance and Restoration Program 690”;
“(2) Limitation.—The Commandant may lease submerged lands and tidelands under paragraph (1) only if—
“(A) the lease is for cash exclusively;
“(B) the lease amount is equal to the fair market value of the use of the leased submerged lands or tidelands for the period during which such lands are leased, as determined by the Commandant;
“(C) the lease does not provide authority to or commit the Coast Guard to use or support any improvements to such submerged lands and tidelands, or obtain goods and services from the lessee; and
“(D) proceeds from the lease are deposited in the Coast Guard Housing Fund established under section 687.”
“199. Marine safety curriculum.”;
“Sec. ”;
“709. Reserve student aviation pilots; Reserve aviation pilots; appointments in commissioned grade.”;
and
“740. Failure of selection and removal from an active status.”;
SEC. 210. Discontinuance of an Aid to Navigation.
SEC. 211. Mission Performance Measures.
SEC. 212. Communications.
SEC. 213. Coast Guard Graduate Maritime Operations Education.
SEC. 214. Professional Development.
“§ 429. Multirater assessment of certain personnel
“(a) Multirater Assessment of Certain Personnel.—
“(1) In general.—Commencing not later than one year after the date of the enactment of the Coast Guard Authorization Act of 2015, the Commandant of the Coast Guard shall develop and implement a plan to conduct every two years a multirater assessment for each of the following:
“(A) Each flag officer of the Coast Guard.
“(B) Each member of the Senior Executive Service of the Coast Guard.
“(C) Each officer of the Coast Guard nominated for promotion to the grade of flag officer.
“(2) Post-assessment elements.—Following an assessment of an individual pursuant to paragraph (1), the individual shall be provided appropriate post-assessment counseling and leadership coaching.
“(b) Multirater Assessment Defined.—In this section, the term ‘multirater assessment’ means a review that seeks opinion from members senior to the reviewee and the peers and subordinates of the reviewee.”
“429. Multirater assessment of certain personnel.”.
“§ 60. Training course on workings of Congress
“(a) In General.—Not later than 180 days after the date of the enactment of the Coast Guard Authorization Act of 2015, the Commandant, in consultation with the Superintendent of the Coast Guard Academy and such other individuals and organizations as the Commandant considers appropriate, shall develop a training course on the workings of the Congress and offer that training course at least once each year.
“(b) Course Subject Matter.—The training course required by this section shall provide an overview and introduction to the Congress and the Federal legislative process, including—
“(1) the history and structure of the 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;
“(2) the documents produced by the Congress, including bills, resolutions, committee reports, and conference reports, and the purposes and functions of those documents;
“(3) the legislative processes and rules of the House of Representatives and the Senate, including similarities and differences between the two processes and rules, including—
“(A) the congressional budget process;
“(B) the congressional authorization and appropriation processes;
“(C) the Senate advice and consent process for Presidential nominees;
“(D) the Senate advice and consent process for treaty ratification;
“(4) the roles of Members of Congress and congressional staff in the legislative process; and
“(5) the concept and underlying purposes of congressional oversight within our governance framework of separation of powers.
“(c) Lecturers and Panelists.—
“(1) 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 by this section are experts on the Congress and the Federal legislative process who are not employed by the executive branch of the Federal Government.
“(2) 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.
“(d) Completion of Required Training.—
“(1) Current flag officers and employees.—A Coast Guard flag officer appointed or assigned to a billet in the National Capital Region on the date of the enactment of this section, and a Coast Guard Senior Executive Service employee employed in the National Capital Region on the date of the enactment of this section, shall complete a training course that meets the requirements of this section within 60 days after the date on which the Commandant completes the development of the training course.
“(2) New flag officers and employees.—A Coast Guard flag officer who is newly appointed or assigned to a billet in the National Capital Region, and a Coast Guard Senior Executive Service employee who is newly employed in the National Capital Region, shall complete a training course that meets the requirements of this section not later than 60 days after reporting for duty.”
“60. Training course on workings of Congress.”.
SEC. 215. Senior Enlisted Member Continuation Boards.
“§ 357. Retirement of enlisted members: increase in retired pay”
“357. Retirement of enlisted members: increase in retired pay.”.
SEC. 216. Coast Guard Member Pay.
“§ 519. Annual audit of pay and allowances of members undergoing permanent change of station
“The Commandant shall conduct each calendar year an audit of member pay and allowances for the members who transferred to new units during such calendar year. The audit for a calendar year shall be completed by the end of the calendar year.”
“519. Annual audit of pay and allowances of members undergoing permanent change of station.”.
SEC. 217. Transfer of Funds Necessary to Provide Medical Care.
SEC. 218. Participation of the Coast Guard Academy in Federal, State, or Other Educational Research Grants.
“(b) Qualified Organizations.—
“(1) In general.—The Commandant of the Coast Guard may—
“(A) enter into a contract, cooperative agreement, lease, or licensing agreement with a qualified organization;
“(B) allow a qualified organization to use, at no cost, personal property of the Coast Guard; and
“(C) notwithstanding section 93, accept funds, supplies, and services from a qualified organization.
“(2) Sole-source basis.—Notwithstanding chapter 65 of title 31 and chapter 137 of title 10, the Commandant may enter into a contract or cooperative agreement under paragraph (1)(A) on a sole-source basis.
“(3) Maintaining fairness, objectivity, and integrity.—The Commandant shall ensure that contributions under this subsection do not—
“(A) reflect unfavorably on the ability of the Coast Guard, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner; or
“(B) compromise the integrity or appearance of integrity of any program of the Coast Guard, or any individual involved in such a program.
“(4) Limitation.—For purposes of this subsection, employees or personnel of a qualified organization shall not be employees of the United States.
“(5) Qualified organization defined.—In this subsection the term ‘qualified organization’ means an organization—
“(A) described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; and
“(B) established by the Coast Guard Academy Alumni Association solely for the purpose of supporting academic research and applying for and administering Federal, State, or other educational research grants on behalf of the Coast Guard Academy.”
SEC. 219. National Coast Guard Museum.
SEC. 220. Investigations.
“§ 430. Investigations of flag officers and Senior Executive Service employees
“In conducting an investigation into an allegation of misconduct by a flag officer or member of the Senior Executive Service serving in the Coast Guard, the Inspector General of the Department of Homeland Security shall—
“(1) conduct the investigation in a manner consistent with Department of Defense policies for such an investigation; and
“(2) consult with the Inspector General of the Department of Defense.”
“430. Investigations of flag officers and Senior Executive Service employees.”.
SEC. 221. Clarification of Eligibility of Members of the Coast Guard for Combat-Related Special Compensation.
SEC. 222. Leave Policies for the Coast Guard.
“§ 431. Leave policies for the Coast Guard
“Not later than 1 year after the date on which the Secretary of the Navy promulgates a new rule, policy, or memorandum pursuant to section 704 of title 10, United States Code, with respect to leave associated with the birth or adoption of a child, the Secretary of the department in which the Coast Guard is operating shall promulgate a similar rule, policy, or memorandum that provides leave to officers and enlisted members of the Coast Guard that is equal in duration and compensation to that provided by the Secretary of the Navy.”
“431. Leave policies for the Coast Guard.”.