US Codex
Pub. L.
Notes

Title III — Coast Guard

115th Congress · Approved Dec 4, 2018 · 132 Stat. 4192

TITLE III Coast Guard

SEC. 301. Amendments to Title 14, United States Code, as Amended by Title I of This Act.

Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision of title 14, United States Code, the reference shall be considered to be made to title 14, United States Code, as amended by title I of this Act.

SEC. 302. Primary Duties.

Section 102(7) of title 14, United States Code, is amended to read as follows:

“(7) 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.”

SEC. 303. National Coast Guard Museum.

Section 316 of title 14, United States Code, is amended to read as follows:

“§ 316. National Coast Guard Museum

“(a) Establishment.—The Commandant may establish a National Coast Guard Museum, on lands which will be federally owned and administered by the Coast Guard, and are located in New London, Connecticut, at, or in close proximity to, the Coast Guard Academy.

“(b) Limitation on Expenditures.—

“(1) The Secretary shall not expend any funds appropriated to the Coast Guard on the construction of any museum established under this section.

“(2) The Secretary shall fund the National Coast Guard Museum with nonappropriated and non-Federal funds to the maximum extent practicable. The priority use of Federal funds should be to preserve and protect historic Coast Guard artifacts, including the design, fabrication, and installation of exhibits or displays in which such artifacts are included.

“(3) The Secretary may expend funds appropriated to the Coast Guard on the engineering and design of a National Coast Guard Museum.

“(c) Funding Plan.—Before the date on which the Commandant establishes a National Coast Guard Museum under subsection (a), 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 plan for constructing, operating, and maintaining such a museum, including—

“(1) estimated planning, engineering, design, construction, operation, and maintenance costs;

“(2) the extent to which appropriated, nonappropriated, and non-Federal funds will be used for such purposes, including the extent to which there is any shortfall in funding for engineering, design, or construction; and

“(3) a certification by the Inspector General of the department in which the Coast Guard is operating that the estimates provided pursuant to paragraphs (1) and (2) are reasonable and realistic.

“(d) Authority.—The Commandant may not establish a National Coast Guard museum except as set forth in this section.”

SEC. 304. Unmanned Aircraft.

(a)
Land-based Unmanned Aircraft System Program.— Chapter 3 of title 14, United States Code, is amended by adding at the end the following:

“§ 319. Land-based unmanned aircraft system program

“(a) In General.—Subject to the availability of appropriations, the Secretary shall establish a land-based unmanned aircraft system program under the control of the Commandant.

“(b) Unmanned Aircraft System Defined.—In this section, the term ‘unmanned aircraft system’ has the meaning given that term in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).”

(b)
Limitation on Unmanned Aircraft Systems.— Chapter 11 of title 14, United States Code, is amended by inserting after section 1155 the following:

“§ 1156. Limitation on unmanned aircraft systems

“(a) In General.—During any fiscal year for which funds are appropriated for the design or construction of an Offshore Patrol Cutter, the Commandant—

“(1) may not award a contract for design of an unmanned aircraft system for use by the Coast Guard; and

“(2) may lease, acquire, or acquire the services of an unmanned aircraft system only if such system—

“(A) has been part of a program of record of, procured by, or used by a Federal entity (or funds for research, development, test, and evaluation have been received from a Federal entity with regard to such system) before the date on which the Commandant leases, acquires, or acquires the services of the system; and

“(B) is leased, acquired, or utilized by the Commandant through an agreement with a Federal entity, unless such an agreement is not practicable or would be less cost-effective than an independent contract action by the Coast Guard.

“(b) Small Unmanned Aircraft Exemption.—Subsection (a)(2) does not apply to small unmanned aircraft.

“(c) Definitions.—In this section, the terms ‘small unmanned aircraft’ and ‘unmanned aircraft system’ have the meanings given those terms in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).”

(c)
Clerical Amendments.—
(1)
Chapter 3.— The analysis for chapter 3 of title 14, United States Code, is amended by adding at the end the following:

“319. Land-based unmanned aircraft system program.”.

(2)
Chapter 11.— The analysis for chapter 11 of title 14, United States Code, is amended by inserting after the item relating to section 1155 the following:

“1156. Limitation on unmanned aircraft systems.”.

(d)
Conforming Amendment.— Subsection (c) of section 1105 of title 14, United States Code, is repealed.

SEC. 305. Coast Guard Health-Care Professionals; Licensure Portability.

(a)
In General.— Chapter 5 of title 14, United States Code, is amended by inserting after section 507 the following:

“§ 508. Coast Guard health-care professionals; licensure portability

“(a) In General.—Notwithstanding any other provision of law regarding the licensure of health-care providers, a health-care professional described in subsection (b) may practice the health profession or professions of the health-care professional at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, regardless of where such health-care professional or the patient is located, if the practice is within the scope of the authorized Federal duties of such health-care professional.

“(b) Described Individuals.—A health-care professional described in this subsection is an individual—

“(1) who is—

“(A) a member of the Coast Guard;

“(B) a civilian employee of the Coast Guard;

“(C) a member of the Public Health Service who is assigned to the Coast Guard; or

“(D) any other health-care professional credentialed and privileged at a Federal health-care institution or location specially designated by the Secretary; and

“(2) who—

“(A) has a current license to practice medicine, osteopathic medicine, dentistry, or another health profession; and

“(B) is performing authorized duties for the Coast Guard.

“(c) Definitions.—In this section, the terms ‘license’ and ‘health-care professional’ have the meanings given those terms in section 1094(e) of title 10.”

(b)
Clerical Amendment.— The analysis for chapter 5 of title 14, United States Code, is amended by inserting after the item relating to section 507 the following:

“508. Coast Guard health-care professionals; licensure portability.”.

(c)
Electronic Health Records.—
(1)
System.— The Commandant of the Coast Guard is authorized to procure for the Coast Guard an electronic health record system that—
(A)
has been competitively awarded by the Department of Defense; and
(B)
ensures full integration with the Department of Defense electronic health record systems.
(2)
Support services.—
(A)
In general.— The Commandant is authorized to procure support services for the electronic health record system procured under paragraph (1) necessary to ensure full integration with the Department of Defense electronic health record systems.
(B)
Scope.— Support services procured pursuant to this paragraph may include services for the following:
(i)
System integration support.
(ii)
Hosting support.
(iii)
Training, testing, technical, and data migration support.
(iv)
Hardware support.
(v)
Any other support the Commandant considers appropriate.
(3)
Authorized procurement actions.— The Commandant is authorized to procure an electronic health record system under this subsection through the following:
(A)
A task order under the Department of Defense electronic health record contract.
(B)
A sole source contract award.
(C)
An agreement made pursuant to sections 1535 and 1536 of title 31, United States Code.
(D)
A contract or other procurement vehicle otherwise authorized.
(4)
Competition in contracting; exemption.— Procurement of an electronic health record system and support services pursuant to this subsection shall be exempt from the competition requirements of section 2304 of title 10, United States Code.

SEC. 306. Training; Emergency Response Providers.

(a)
In General.— Chapter 7 of title 14, United States Code, is amended by adding at the end the following:

“§ 718. Training; emergency response providers

“(a) In General.—The Commandant may, on a reimbursable or a non-reimbursable basis, make a training available to emergency response providers whenever the Commandant determines that—

“(1) a member of the Coast Guard, who is scheduled to participate in such training, is unable or unavailable to participate in such training;

“(2) no other member of the Coast Guard, who is assigned to the unit to which the member of the Coast Guard who is unable or unavailable to participate in such training is assigned, is able or available to participate in such training; and

“(3) such training, if made available to such emergency response providers, would further the goal of interoperability among Federal agencies, non-Federal governmental agencies, or both.

“(b) Emergency Response Providers Defined.—In this section, the term ‘emergency response providers’ has the meaning given that term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).

“(c) Treatment of Reimbursement.—Any reimbursements for a training that the Coast Guard receives under this section shall be credited to the appropriation used to pay the costs for such training.

“(d) Status; Limitation on Liability.—

“(1) Status.—Any individual to whom, as an emergency response provider, training is made available under this section, who is not otherwise a Federal employee, shall not, because of that training, be considered a Federal employee for any purpose (including the purposes of chapter 81 of title 5 (relating to compensation for injury) and sections 2671 through 2680 of title 28 (relating to tort claims)).

“(2) Limitation on liability.—The United States shall not be liable for actions taken by an individual in the course of training made available under this section.”

(b)
Clerical Amendment.— The analysis for chapter 7 of title 14, United States Code, is amended by adding at the end the following:

“718. Training; emergency response providers.”.

SEC. 307. Incentive Contracts for Coast Guard Yard and Industrial Establishments.

(1)
by inserting before “ The Secretary may” the following: “ (a) In General.—”;
(2)
in subsection (a), as so designated by paragraph (1) of this section, by striking the period at the end of the last sentence and inserting “ or in accordance with subsection (b).”; and
(3)
by adding at the end the following:

“(b) Incentive Contracts.—

“(1) The parties to an order for industrial work to be performed by the Coast Guard Yard or a Coast Guard industrial establishment designated under subsection (a) may enter into an order or a cost-plus-incentive-fee order in accordance with this subsection.

“(2) If such parties enter into such an order or a cost-plus-incentive-fee order, an agreed-upon amount of any adjustment described in subsection (a) may be distributed as an incentive to the wage-grade industrial employees who complete the order.

“(3) Before entering into such an order or cost-plus-incentive-fee order such parties must agree that the wage-grade employees of the Coast Guard Yard or Coast Guard industrial establishment will take action to improve the delivery schedule or technical performance agreed to in the order for industrial work to which such parties initially agreed.

“(4) Notwithstanding any other provision of law, if the industrial workforce of the Coast Guard Yard or Coast Guard industrial establishment satisfies the performance target established in such an order or cost-plus-incentive-fee order—

“(A) the adjustment to be made pursuant to subsection (a) shall be reduced by an agreed-upon amount and distributed to such wage-grade industrial employees; and

“(B) the remainder of the adjustment shall be credited to the appropriation for such order current at that time.”

SEC. 309. Regular Captains; Retirement.

(1)
by striking “ zone is” and inserting “ zone, or from being placed at the top of the list of selectees promulgated by the Secretary under section 2121(a) of this title, is”; and
(2)
by striking the period at the end and inserting “ or placed at the top of the list of selectees, as applicable.”.

SEC. 310. Conversion, Alteration, and Repair Projects.

(a)
In General.— Chapter 9 of title 14, United States Code, as amended by this Act, is further amended by inserting after section 951 the following:

“§ 952. Construction of Coast Guard vessels and assignment of vessel projects

“The assignment of Coast Guard vessel conversion, alteration, and repair projects shall be based on economic and military considerations and may not be restricted by a requirement that certain parts of Coast Guard shipwork be assigned to a particular type of shipyard or geographical area or by a similar requirement.”

(b)
Clerical Amendment.— The analysis for chapter 9 of title 14, United States Code, is amended by inserting after the item relating to section 951 the following:

“952. Construction of Coast Guard vessels and assignment of vessel projects.”.

SEC. 311. Contracting for Major Acquisitions Programs.

(a)
General Acquisition Authority.— Section 501(d) of title 14, United States Code, is amended by inserting “ aircraft, and systems,” after “ vessels,”.
(b)
Contracting Authority.— Chapter 11 of title 14, United States Code, as amended by this Act, is further amended by inserting after section 1136 the following:

“§ 1137. Contracting for major acquisitions programs

“(a) In General.—In carrying out authorities provided to the Secretary to design, construct, accept, or otherwise acquire assets and systems under section 501(d), the Secretary, acting through the Commandant or the head of an integrated program office established for a major acquisition program, may enter into contracts for a major acquisition program.

“(b) Authorized Methods.—Contracts entered into under subsection (a)—

“(1) may be block buy contracts;

“(2) may be incrementally funded;

“(3) may include combined purchases, also known as economic order quantity purchases, of—

“(A) materials and components; and

“(B) long lead time materials; and

“(4) as provided in section 2306b of title 10, may be multiyear contracts.

“(c) Subject to Appropriations.—Any contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of amounts specifically provided in advance for that purpose in subsequent appropriations Acts.”

(c)
Clerical Amendment.— The analysis for chapter 11 of title 14, United States Code, as amended by this Act, is further amended by inserting after the item relating to section 1136 the following:

“1137. Contracting for major acquisitions programs.”.

(d)
Conforming Amendments.— The following provisions are repealed:
(1)
Section 223 of the Howard Coble Coast Guard and Maritime Transportation Act of 2014 (14 U.S.C. 1152 note), and the item relating to that section in the table of contents in section 2 of such Act.
(2)
Section 221(a) of the Coast Guard and Maritime Transportation Act of 2012 (14 U.S.C. 1133 note).
(3)
Section 207(a) of the Coast Guard Authorization Act of 2016 (14 U.S.C. 561 note).
(e)
Internal Regulations and Policy.— 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 establish the internal regulations and policies necessary to exercise the authorities provided under this section, including the amendments made in this section.
(f)
Multiyear Contracts.— The Secretary of the department in which the Coast Guard is operating is authorized to enter into a multiyear contract for the procurement of a tenth, eleventh, and twelfth National Security Cutter and associated government-furnished equipment.

SEC. 314. Commissioned Service Retirement.

For Coast Guard officers who retire in fiscal year 2018 or 2019, the President may reduce the period of active commissioned service required under section 2152 of title 14, United States Code, to a period of not less than 8 years.

SEC. 315. Leave for Birth or Adoption of Child.

(a)
(1)
by striking “ Not later than 1 year” and inserting the following:

“(a) In General.—Except as provided in subsection (b), not later than 1 year”

; and

(2)
by adding at the end the following:

“(b) Leave Associated With Birth or Adoption of Child.—Notwithstanding subsection (a), sections 701 and 704 of title 10, or any other provision of law, all officers and enlisted members of the Coast Guard shall be authorized leave associated with the birth or adoption of a child during the 1-year period immediately following such birth or adoption and, at the discretion of the Commanding Officer, such officer or enlisted member shall be permitted—

“(1) to take such leave in increments; and

“(2) to use flexible work schedules (pursuant to a program established by the Secretary in accordance with chapter 61 of title 5).”

(b)
Flexible Work Schedules.— 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 ensure that a flexible work schedule program under chapter 61 of title 5, United States Code, is in place for officers and enlisted members of the Coast Guard.

SEC. 317. Unfunded Priorities List.

(a)
In General.— Section 5102 of title 14, United States Code, is amended—
(1)
by striking subsection (a) and inserting the following:

“(a) In General.—Not later than 60 days after the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, 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 capital investment plan for the Coast Guard that identifies for each capital asset for which appropriations are proposed in that budget—

“(1) the proposed appropriations included in the budget;

“(2) the total estimated cost of completion based on the proposed appropriations included in the budget;

“(3) projected funding levels for each fiscal year for the next 5 fiscal years or until project completion, whichever is earlier;

“(4) an estimated completion date based on the proposed appropriations included in the budget;

“(5) an acquisition program baseline, as applicable; and

“(6) projected commissioning and decommissioning dates for each asset.”

; and

(2)
by striking subsection (c) and inserting the following:

“(c) Definitions.—In this section, the term ‘new capital asset’ means—

“(1) an acquisition program that does not have an approved acquisition program baseline; or

“(2) the acquisition of a capital asset in excess of the number included in the approved acquisition program baseline.”

(b)
Unfunded Priorities.— Chapter 51 of title 14, United States Code, is amended by adding at the end the following:

“§ 5108. Unfunded priorities list

“(a) In General.—Not later than 60 days after the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, 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 list of each unfunded priority for the Coast Guard.

“(b) Prioritization.—The list required under subsection (a) shall present the unfunded priorities in order from the highest priority to the lowest, as determined by the Commandant.

“(c) Unfunded Priority Defined.—In this section, the term ‘unfunded priority’ means a program or mission requirement that—

“(1) has not been selected for funding in the applicable proposed budget;

“(2) is necessary to fulfill a requirement associated with an operational need; and

“(3) 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.”

(c)
Clerical Amendment.— The analysis for chapter 51 of title 14, United States Code, is amended by adding at the end the following:

“5108. Unfunded priorities list.”.

SEC. 318. Safety of Vessels of the Armed Forces.

(a)
In General.— Section 527 of title 14, United States Code, is amended—
(1)
in the heading, by striking “ naval vessels” and inserting “ vessels of the Armed Forces”;
(2)
in subsection (a), by striking “ United States naval vessel” and inserting “ vessel of the Armed Forces”;
(3)
in subsection (b)—
(A)
by striking “ senior naval officer present in command” and inserting “ senior officer present in command”; and
(B)
by striking “ United States naval vessel” and inserting “ vessel of the Armed Forces”; and
(4)
by adding at the end the following:

“(e) For purposes of this title, the term ‘vessel of the Armed Forces’ means—

“(1) any vessel owned or operated by the Department of Defense or the Coast Guard, other than a time- or voyage-chartered vessel; and

“(2) any vessel owned and operated by the Department of Transportation that is designated by the Secretary of the department in which the Coast Guard is operating as a vessel equivalent to a vessel described in paragraph (1).”

(b)
Clerical Amendment.— The analysis for chapter 5 of title 14, United States Code, is further amended by striking the item relating to section 527 and inserting the following:

“527. Safety of vessels of the Armed Forces.”.

(c)
Conforming Amendments.— Section 2510(a)(1) of title 14, United States Code, is amended—
(1)
by striking “ armed forces” and inserting “ Armed Forces”; and
(2)
by striking “ section 101(a) of title 10” and inserting “ section 527(e)”.

SEC. 319. Air Facilities.

(1)
by striking subsection (a);
(2)
by redesignating subsections (b) and (c) as subsections (a) and (b), respectively;
(3)
in subsection (a) as redesignated—
(A)
by amending paragraph (3) to read as follows:

“(3) Public notice and comment.—

“(A) In general.—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.

“(B) Public meetings.—Prior to convening a public meeting under subparagraph (A), the Secretary shall notify each congressional office representing any portion of the area of responsibility of the air station that is the subject to such public meeting of the schedule and location of such public meeting.”

(B)
in paragraph (4)—
(i)
in the matter preceding subparagraph (A) by striking “ 2015” and inserting “ 2017”; and
(ii)
by amending subparagraph (A) to read as follows:

“(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 that includes—

“(i) a discussion of the determination made by the Secretary pursuant to paragraph (2); and

“(ii) a report summarizing the public comments received by the Secretary under paragraph (3)”

; and

(C)
by adding at the end the following:

“(5) Congressional review.—The Secretary may not close, cease operations, or significantly reduce personnel and use of a Coast Guard air facility for which a written notice is provided under paragraph (4)(A) until a period of 18 months beginning on the date on which such notice is provided has elapsed.”