Title II — Coast Guard
TITLE II Coast Guard
SEC. 202. Commandant; Appointment.
SEC. 203. Prevention and Response Workforces.
“(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.”
SEC. 204. Centers of Expertise.
“(b) Missions.—Any center established under subsection (a) shall—
“(1) promote, facilitate, and conduct—
“(A) education;
“(B) training; and
“(C) activities authorized under section 93(a)(4);
“(2) be a repository of information on operations, practices, and resources related to the mission for which the center was established; and
“(3) perform and support the mission for which the center was established.”
SEC. 205. Penalties.
SEC. 206. Agreements.
“§ 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—
“(A) Federal entities;
“(B) other public or private entities in the United States, including academic entities; and
“(C) foreign governments with the concurrence of the Secretary of State; 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).”
“102. Agreements.”.
SEC. 207. Tuition Assistance Program Coverage of Textbooks and Other Educational Materials.
SEC. 208. Coast Guard Housing.
“(4) Monies received under section 93(a)(13).
“(5) Amounts received under section 672a(b).”
SEC. 209. Lease Authority.
“(f) Leasing of Tidelands and Submerged Lands.—
“(1) Authority.—The Commandant may lease under subsection (a)(13) submerged lands and tidelands under the control of the Coast Guard without regard to the limitation under that subsection with respect to lease duration.
“(2) Limitation.—The Commandant may lease submerged lands and tidelands under paragraph (1) only if—
“(A) lease payments are—
“(i) received exclusively in the form of cash;
“(ii) 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; and
“(iii) deposited in the fund established under section 687; and
“(B) the lease does not provide authority to or commit the Coast Guard to use or support any improvements to such submerged lands or tidelands, or obtain goods or services from the lessee.”
SEC. 210. Notification of Certain Determinations.
“§ 103. Notification of certain determinations
“(a) In General.—At least 90 days prior to making a final determination that a waterway, or a portion thereof, is navigable for purposes of the jurisdiction of the Coast Guard, the Commandant shall provide notification regarding the proposed determination to—
“(1) the Governor of each State in which such waterway, or portion thereof, is located;
“(2) the public; and
“(3) the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
“(b) Content Requirement.—Each notification provided under subsection (a) to an entity specified in paragraph (3) of that subsection shall include—
“(1) an analysis of whether vessels operating on the waterway, or portion thereof, subject to the proposed determination are subject to inspection or similar regulation by State or local officials;
“(2) an analysis of whether operators of commercial vessels on such waterway, or portion thereof, are subject to licensing or similar regulation by State or local officials; and
“(3) an estimate of the annual costs that the Coast Guard may incur in conducting operations on such waterway, or portion thereof.”
“103. Notification of certain determinations.”.
SEC. 211. Annual Board of Visitors.
“§ 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. 212. Flag Officers.
“§ 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.”
“296. Flag officers.”.
SEC. 213. Repeal of Limitation on Medals of Honor.
SEC. 214. Coast Guard Family Support and Child Care.
“CHAPTER 14— COAST GUARD FAMILY SUPPORT AND CHILD CARE
“subchapter i— general provisions
“531. Work-life policies and programs.
“532. Surveys of Coast Guard families.
“subchapter ii— coast guard family support
“542. Education and training opportunities for Coast Guard spouses.
“543. Youth sponsorship initiatives.
“subchapter iii— coast guard child care
“551. Definitions.
“553. Child development center standards and inspections.
“554. Child development center employees.
“555. Parent partnerships with child development centers.
“SUBCHAPTER I— GENERAL PROVISIONS
“§ 531. Work-life policies and programs
“The Commandant is authorized—
“(1) to establish an office for the purpose of developing, promulgating, and coordinating policies, programs, and activities related to the families of Coast Guard members;
“(2) to implement and oversee policies, programs, and activities described in paragraph (1) as the Commandant considers necessary; and
“(3) to perform such other duties as the Commandant considers necessary.
“§ 532. Surveys of Coast Guard families
“(a) Authority.—The Commandant, in order to determine the effectiveness of Federal policies, programs, and activities related to the families of Coast Guard members, may survey—
“(1) any Coast Guard member;
“(2) any retired Coast Guard member;
“(3) the immediate family of any Coast Guard member or retired Coast Guard member; and
“(4) any survivor of a deceased Coast Guard member.
“(b) Voluntary Participation.—Participation in any survey conducted under subsection (a) shall be voluntary.
“(c) Federal Recordkeeping.—Each person surveyed under subsection (a) shall be considered an employee of the United States for purposes of section 3502(3)(A)(i) of title 44.
“SUBCHAPTER II— COAST GUARD FAMILY SUPPORT
“§ 542. Education and training opportunities for Coast Guard spouses
“(a) Tuition Assistance.—The Commandant may provide, subject to the availability of appropriations, tuition assistance to an eligible spouse to facilitate the acquisition of—
“(1) education and training required for a degree or credential at an accredited college, university, or technical school in the United States that expands employment and portable career opportunities for the spouse; or
“(2) education prerequisites and a professional license or credential required, by a government or government-sanctioned licensing body, for an occupation that expands employment and portable career opportunities for the spouse.
“(b) Definitions.—In this section, the following definitions apply:
“(1) Eligible spouse.—
“(A) In general.—The term ‘eligible spouse’ means the spouse of a member of the Coast Guard who is serving on active duty and includes a spouse who receives transitional compensation under section 1059 of title 10.
“(B) Exclusion.—The term ‘eligible spouse’ does not include a person who—
“(i) is married to, but legally separated from, a member of the Coast Guard under a court order or statute of any State or territorial possession of the United States; or
“(ii) is eligible for tuition assistance as a member of the Armed Forces.
“(2) Portable career.—The term ‘portable career’ includes an occupation that requires education, training, or both that results in a credential that is recognized by an industry, profession, or specific type of business.
“§ 543. Youth sponsorship initiatives
“(a) In General.—The Commandant is authorized to establish, within any Coast Guard unit, an initiative to help integrate into new surroundings the dependent children of members of the Coast Guard who received permanent change of station orders.
“(b) Description of Initiative.—An initiative established under subsection (a) shall—
“(1) provide for the involvement of a dependent child of a member of the Coast Guard in the dependent child’s new Coast Guard community; and
“(2) primarily focus on preteen and teenaged children.
“(c) Authority.—In carrying out an initiative under subsection (a), the Commandant may—
“(1) provide to a dependent child of a member of the Coast Guard information on youth programs and activities available in the dependent child’s new Coast Guard community; and
“(2) enter into agreements with nonprofit entities to provide youth programs and activities to such child.
“SUBCHAPTER III— COAST GUARD CHILD CARE
“§ 551. Definitions
“In this subchapter, the following definitions apply:
“(1) Child abuse and neglect.—The term ‘child abuse and neglect’ has the meaning given that term in section 3 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note).
“(2) Child development center employee.—The term ‘child development center employee’ means a civilian employee of the Coast Guard who is employed to work in a Coast Guard child development center without regard to whether the employee is paid from appropriated or nonappropriated funds.
“(3) Coast guard child development center.—The term ‘Coast Guard child development center’ means a facility on Coast Guard property or on property under the jurisdiction of the commander of a Coast Guard unit at which child care services are provided for members of the Coast Guard.
“(4) Competitive service position.—The term ‘competitive service position’ means a position in the competitive service (as defined in section 2102 of title 5).
“(5) Family home daycare.—The term ‘family home daycare’ means home-based child care services provided for a member of the Coast Guard by an individual who—
“(A) is certified by the Commandant as qualified to provide home-based child care services; and
“(B) provides home-based child care services on a regular basis in exchange for monetary compensation.
“§ 553. Child development center standards and inspections
“(a) Standards.—The Commandant shall require each Coast Guard child development center to meet standards that the Commandant considers appropriate to ensure the health, safety, and welfare of the children and employees at the center.
“(b) Inspections.—The Commandant shall provide for regular and unannounced inspections of each Coast Guard child development center to ensure compliance with this section.
“(c) National Reporting.—
“(1) In general.—The Commandant shall maintain and publicize a means by which an individual can report, with respect to a Coast Guard child development center or a family home daycare—
“(A) any suspected violation of—
“(i) standards established under subsection (a); or
“(ii) any other applicable law or standard;
“(B) suspected child abuse or neglect; or
“(C) any other deficiency.
“(2) Anonymous reporting.—The Commandant shall ensure that an individual making a report pursuant to paragraph (1) may do so anonymously if so desired by the individual.
“(3) Procedures.—The Commandant shall establish procedures for investigating reports made pursuant to paragraph (1).
“§ 554. Child development center employees
“(a) Training.—
“(1) In general.—The Commandant shall establish a training program for Coast Guard child development center employees and satisfactory completion of the training program shall be a condition of employment for each employee of a Coast Guard child development center.
“(2) Timing for new hires.—The Commandant shall require each employee of a Coast Guard child development center to complete the training program established under paragraph (1) not later than 6 months after the date on which the employee is hired.
“(3) Minimum requirements.—The training program established under paragraph (1) shall include, at a minimum, instruction with respect to—
“(A) early childhood development;
“(B) activities and disciplinary techniques appropriate to children of different ages;
“(C) child abuse and neglect prevention and detection; and
“(D) cardiopulmonary resuscitation and other emergency medical procedures.
“(4) Use of department of defense programs.—The Commandant may use Department of Defense training programs, on a reimbursable or nonreimbursable basis, for purposes of this subsection.
“(b) Training and Curriculum Specialists.—
“(1) Specialist required.—The Commandant shall require that at least 1 employee at each Coast Guard child development center be a specialist in training and curriculum development with appropriate credentials and experience.
“(2) Duties.—The duties of the specialist described in paragraph (1) shall include—
“(A) special teaching activities;
“(B) daily oversight and instruction of other child care employees;
“(C) daily assistance in the preparation of lesson plans;
“(D) assisting with child abuse and neglect prevention and detection; and
“(E) advising the director of the center on the performance of the other child care employees.
“(3) Competitive service.—Each specialist described in paragraph (1) shall be an employee in a competitive service position.
“§ 555. Parent partnerships with child development centers
“(a) Parent Boards.—
“(1) Formation.—The Commandant shall require that there be formed at each Coast Guard child development center a board of parents, to be composed of parents of children attending the center.
“(2) Functions.—Each board of parents formed under paragraph (1) shall—
“(A) meet periodically with the staff of the center at which the board is formed and the commander of the unit served by the center, for the purpose of discussing problems and concerns; and
“(B) be responsible, together with the staff of the center, for coordinating any parent participation initiative established under subsection (b).
“(3) FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to a board of parents formed under paragraph (1).
“(b) Parent Participation Initiative.—The Commandant is authorized to establish a parent participation initiative at each Coast Guard child development center to encourage and facilitate parent participation in educational and related activities at the center.”
“14. Coast Guard Family Support and Child Care 531”.
“541. Reimbursement for adoption expenses.”;
“552. Child development services.”; and
“544. Dependent school children.”.
SEC. 215. Mission Need Statement.
“§ 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).”
“569. Mission need statement.”.
SEC. 216. Transmission of Annual Coast Guard Authorization Request.
“§ 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.”
“662a. Transmission of annual Coast Guard authorization request.”.
SEC. 217. Inventory of Real Property.
“§ 679. Inventory of real property
“(a) In General.—Not later than September 30, 2015, 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) 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
“(4) 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 the control of such property.
“(c) Recommendations to Congress.—Not later than March 30, 2016, 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; 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.”
“679. Inventory of real property.”.
SEC. 218. Retired Service Members and Dependents Serving on Advisory Committees.
“§ 680. Retired service members and dependents serving on advisory committees
“A committee that—
“(1) advises or assists the Coast Guard with respect to a function that affects a member of the Coast Guard or a dependent of such a member; and
“(2) includes in its membership a retired Coast Guard member or a dependent of such a retired member;
“680. Retired service members and dependents serving on advisory committees.”.
SEC. 219. Active Duty for Emergency Augmentation of Regular Forces.
SEC. 220. Acquisition Workforce Expedited Hiring Authority.
SEC. 221. Coast Guard Administrative Savings.
“(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”
“(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.”