No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5468 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5468
To authorize appropriations for the Coast Guard, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 10, 2024
Ms. Cantwell (for herself, Mr. Cruz, Ms. Baldwin, and Mr. Sullivan)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To authorize appropriations for the Coast Guard, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Coast Guard
Authorization Act of 2024''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Commandant defined.
TITLE I--COAST GUARD
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Subtitle B--Acquisition
Sec. 111. Modification of prohibition on use of lead systems
integrators.
Sec. 112. Service life extension programs.
Sec. 113. Consideration of life-cycle cost estimates for acquisition
and procurement.
Sec. 114. Great Lakes icebreaking.
Sec. 115. Regular Polar Security Cutter updates.
Sec. 116. Floating drydock for United States Coast Guard Yard.
Subtitle C--Organization and Authorities
Sec. 131. Modification of treatment of minor construction and
improvement project management.
Sec. 132. Preparedness plans for Coast Guard properties located in
tsunami inundation zones.
Sec. 133. Public availability of information.
Sec. 134. Delegation of ports and waterways safety authorities in Saint
Lawrence Seaway.
Sec. 135. Additional Pribilof Island transition completion actions.
Sec. 136. Policy and briefing on availability of naloxone to treat
opioid, including fentanyl, overdoses.
Sec. 137. Great Lakes and Saint Lawrence River cooperative vessel
traffic service.
Sec. 138. Policy on methods to reduce incentives for illicit maritime
drug trafficking.
Sec. 139. Procurement of tactical maritime surveillance systems.
Sec. 140. Plan for joint and integrated maritime operational and
leadership training for United States Coast
Guard and Taiwan Coast Guard
Administration.
Sec. 141. Modification of authority for special purpose facilities.
Sec. 142. Timely reimbursement of damage claims for Coast Guard
property.
Sec. 143. Enhanced use property pilot program.
Sec. 144. Coast Guard property provision.
Subtitle D--Personnel
Sec. 151. Direct hire authority for certain personnel.
Sec. 152. Temporary exemption from authorized end strength for enlisted
members on active duty in Coast Guard in
pay grades E-8 and E-9.
Sec. 153. Additional available guidance and considerations for reserve
selection boards.
Sec. 154. Family leave policies for the Coast Guard.
Sec. 155. Authorization for maternity uniform allowance for officers.
Sec. 156. Housing.
Sec. 157. Uniform funding and management system for morale, well-being,
and recreation programs and Coast Guard
Exchange.
Sec. 158. Coast Guard embedded behavioral health technician program.
Sec. 159. Expansion of access to counseling.
Sec. 160. Command sponsorship for dependents of members of Coast Guard
assigned to Unalaska, Alaska.
Sec. 161. Travel allowance for members of Coast Guard assigned to
Alaska.
Sec. 162. Consolidation of authorities for college student
precommissioning initiative.
Sec. 163. Tuition Assistance and Advanced Education Assistance Pilot
Program.
Sec. 164. Modifications to career flexibility program.
Sec. 165. Recruitment, relocation, and retention incentive program for
civilian firefighters employed by Coast
Guard in remote locations.
Sec. 166. Reinstatement of training course on workings of Congress;
Coast Guard Museum.
Sec. 167. Modification of designation of Vice Admirals.
Sec. 168. Commandant Advisory Judge Advocate.
Sec. 169. Special Advisor to Commandant for Tribal and Native Hawaiian
affairs.
Sec. 170. Notification.
Subtitle E--Coast Guard Academy
Sec. 171. Modification of Board of Visitors.
Sec. 172. Study on Coast Guard Academy oversight.
Sec. 173. Electronic locking mechanisms to ensure Coast Guard Academy
cadet room security.
Sec. 174. Coast Guard Academy student advisory board and access to
timely and independent wellness support
services for cadets and candidates.
Sec. 175. Report on existing behavioral health and wellness support
services facilities at Coast Guard Academy.
Sec. 176. Required posting of information.
Sec. 177. Installation of behavioral health and wellness rooms.
Sec. 178. Coast Guard Academy room reassignment.
Sec. 179. Authorization for use of Coast Guard Academy facilities and
equipment by covered foundations.
Sec. 180. Concurrent jurisdiction at Coast Guard Academy.
Subtitle F--Reports
Sec. 181. Maritime domain awareness in Coast Guard sector for Puerto
Rico and Virgin Islands.
Sec. 182. Report on condition of Missouri River dayboards.
Sec. 183. Study on Coast Guard missions.
Sec. 184. Annual report on progress of certain homeporting projects.
Sec. 185. Report on Bay class icebreaking tug fleet replacement.
Sec. 186. Feasibility study on supporting additional port visits and
deployments in support of Operation Blue
Pacific.
Sec. 187. Study and gap analysis with respect to Coast Guard Air
Station Corpus Christi aviation hangar.
Sec. 188. Report on impacts of joint travel regulations on members of
Coast Guard who rely on ferry systems.
Sec. 189. Report on Junior Reserve Officers' Training Corps program.
Sec. 190. Reports on United States collaboration with shipyards of
Canada and Finland.
TITLE II--SHIPPING AND NAVIGATION
Subtitle A--Merchant Mariner Credentials
Sec. 201. Merchant mariner credentialing.
Sec. 202. Nonoperating individual.
Sec. 203. Merchant mariner licensing and documentation system
requirements.
Subtitle B--Vessel Safety
Sec. 211. Grossly negligent operations of a vessel.
Sec. 212. Administrative procedure for security risks.
Sec. 213. Study of amphibious vessels.
Sec. 214. Performance driven examination schedule.
Sec. 215. Ports and waterways safety.
Sec. 216. Study on Bering Strait vessel traffic projections and
emergency response posture at ports of the
United States.
Sec. 217. Underwater inspections brief.
Sec. 218. St. Lucie River railroad bridge.
Sec. 219. Authority to establish safety zones for special activities in
exclusive economic zone.
Sec. 220. Improving Vessel Traffic Service monitoring.
Sec. 221. Designating pilotage waters for the Straits of Mackinac.
Sec. 222. Receipts; international agreements for ice patrol services.
Sec. 223. Requirements for certain fishing vessels and fish tender
vessels.
Subtitle C--Matters Involving Uncrewed Systems
Sec. 231. Establishment of National Advisory Committee on Autonomous
Maritime Systems.
Sec. 232. Pilot program for governance and oversight of small uncrewed
maritime systems.
Sec. 233. Coast Guard training course.
Sec. 234. NOAA membership on Autonomous Vessel Policy Council.
Sec. 235. Technology pilot program.
Sec. 236. Uncrewed systems capabilities report and briefing.
Sec. 237. Definitions.
Subtitle D--Other Matters
Sec. 241. Controlled substance onboard vessels.
Sec. 242. Information on type approval certificates.
Sec. 243. Clarification of authorities.
Sec. 244. Anchorages.
Sec. 245. Amendments to passenger vessel security and safety
requirements.
Sec. 246. Cyber-incident training.
Sec. 247. Extension of pilot program to establish a cetacean desk for
Puget Sound region.
Sec. 248. Suspension of enforcement of use of devices broadcasting on
AIS for purposes of marking fishing gear.
Sec. 249. Classification societies.
Sec. 250. Abandoned and derelict vessel removals.
TITLE III--OIL POLLUTION RESPONSE
Sec. 301. Salvage and marine firefighting response capability.
Sec. 302. Use of marine casualty investigations.
Sec. 303. Timing of review.
Sec. 304. Online incident reporting system.
Sec. 305. Investment of Exxon Valdez oil spill court recovery in high
yield investments and marine research.
TITLE IV--SEXUAL ASSAULT AND SEXUAL HARASSMENT RESPONSE
Sec. 401. Independent review of Coast Guard reforms.
Sec. 402. Comprehensive policy and procedures on retention and access
to evidence and records relating to sexual
misconduct and other misconduct.
Sec. 403. Consideration of request for transfer of a cadet at the Coast
Guard Academy who is the victim of a sexual
assault or related offense.
Sec. 404. Designation of officers with particular expertise in military
justice or healthcare.
Sec. 405. Safe-to-Report policy for Coast Guard.
Sec. 406. Modification of reporting requirements on covered misconduct
in Coast Guard.
Sec. 407. Modifications to the officer involuntary separation process.
Sec. 408. Review of discharge characterization.
Sec. 409. Convicted sex offender as grounds for denial.
Sec. 410. Definition of covered misconduct.
Sec. 411. Notification of changes to Uniform Code of Military Justice
or Manual for Courts Martial relating to
covered misconduct.
Sec. 412. Complaints of retaliation by victims of sexual assault or
sexual harassment and related persons.
Sec. 413. Development of policies on military protective orders.
Sec. 414. Coast Guard implementation of independent review commission
recommendations on addressing sexual
assault and sexual harassment in the
military.
Sec. 415. Policy relating to care and support of victims of covered
misconduct.
Sec. 416. Establishment of special victim capabilities to respond to
allegations of certain special victim
offenses.
Sec. 417. Members asserting post-traumatic stress disorder, sexual
assault, or traumatic brain injury.
Sec. 418. Participation in CATCH a Serial Offender program.
Sec. 419. Accountability and transparency relating to allegations of
misconduct against senior leaders.
Sec. 420. Confidential reporting of sexual harassment.
Sec. 421. Report on policy on whistleblower protections.
Sec. 422. Review and modification of Coast Guard Academy policy on
sexual harassment and sexual violence.
Sec. 423. Coast Guard and Coast Guard Academy access to defense sexual
assault incident database.
Sec. 424. Director of Coast Guard Investigative Service.
Sec. 425. Modifications and revisions relating to reopening retired
grade determinations.
Sec. 426. Inclusion and command review of information on covered
misconduct in personnel service records.
Sec. 427. Flag officer review of, and concurrence in, separation of
members who have reported sexual
misconduct.
Sec. 428. Expedited transfer in cases of sexual misconduct or domestic
violence.
Sec. 429. Access to temporary separation program for victims of alleged
sex-related offenses.
Sec. 430. Policy and program to expand prevention of sexual misconduct.
Sec. 431. Continuous vetting of security clearances.
Sec. 432. Training and education programs for covered misconduct
prevention and response.
TITLE V--COMPTROLLER GENERAL REPORTS
Sec. 501. Comptroller General report on Coast Guard research,
development, and innovation program.
Sec. 502. Comptroller General study on vessel traffic service center
employment, compensation, and retention.
Sec. 503. Comptroller General review of quality and availability of
Coast Guard behavioral health care and
resources for personnel wellness.
Sec. 504. Comptroller General study on Coast Guard efforts to reduce
prevalence of missing or incomplete medical
records and sharing of medical data with
Department of Veterans Affairs and other
entities.
Sec. 505. Comptroller General study on Coast Guard training facility
infrastructure.
Sec. 506. Comptroller General study on facility and infrastructure
needs of Coast Guard stations conducting
border security operations.
Sec. 507. Comptroller General study on Coast Guard basic allowance for
housing.
Sec. 508. Comptroller General report on safety and security
infrastructure at Coast Guard Academy.
Sec. 509. Comptroller General study on athletic coaching at Coast Guard
Academy.
Sec. 510. Comptroller General study and report on permanent change of
station process.
TITLE VI--AMENDMENTS
Sec. 601. Amendments.
TITLE VII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A--National Oceanic and Atmospheric Administration
Commissioned Officer Corps
Sec. 701. Title and qualifications of head of National Oceanic and
Atmospheric Administration Commissioned
Officer Corps and Office of Marine and
Aviation Operations; promotions of flag
officers.
Sec. 702. National Oceanic and Atmospheric Administration vessel fleet.
Sec. 703. Cooperative Aviation Centers.
Sec. 704. Eligibility of former officers to compete for certain
positions.
Sec. 705. Alignment of physical disqualification standard for obligated
service agreements with standard for
veterans' benefits.
Sec. 706. Streamlining separation and retirement process.
Sec. 707. Separation of ensigns found not fully qualified.
Sec. 708. Repeal of limitation on educational assistance.
Sec. 709. Disposal of survey and research vessels and equipment of the
National Oceanic and Atmospheric
Administration.
Subtitle B--South Pacific Tuna Treaty Matters
Sec. 721. References to South Pacific Tuna Act of 1988.
Sec. 722. Definitions.
Sec. 723. Prohibited acts.
Sec. 724. Exceptions.
Sec. 725. Criminal offenses.
Sec. 726. Civil penalties.
Sec. 727. Licenses.
Sec. 728. Enforcement.
Sec. 729. Findings by Secretary of Commerce.
Sec. 730. Disclosure of information.
Sec. 731. Closed area stowage requirements.
Sec. 732. Observers.
Sec. 733. Fisheries-related assistance.
Sec. 734. Arbitration.
Sec. 735. Disposition of fees, penalties, forfeitures, and other
moneys.
Sec. 736. Additional agreements.
Subtitle C--Other Matters
Sec. 741. North Pacific Research Board enhancement.
SEC. 2. COMMANDANT DEFINED.
In this Act, the term ``Commandant'' means the Commandant of the
Coast Guard.
TITLE I--COAST GUARD
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Section 4902 of title 14, United States Code, is amended--
(1) in the matter preceding paragraph (1) by striking
``fiscal years 2022 and 2023'' and inserting ``fiscal years
2025 and 2026'';
(2) in paragraph (1)--
(A) in subparagraph (A) by striking clauses (i) and
(ii) and inserting the following:
``(i) $11,287,500,000 for fiscal year 2025; and
``(ii) $11,851,875,000 for fiscal year 2026.'';
(B) in subparagraph (B) by striking ``$23,456,000''
and inserting ``$25,570,000''; and
(C) in subparagraph (C) by striking ``$24,353,000''
and inserting ``$26,848,500'';
(3) in paragraph (2)(A) by striking clauses (i) and (ii)
and inserting the following:
``(i) $3,627,600,000 for fiscal year 2025; and
``(ii) $3,651,480,000 for fiscal year 2026.'';
(4) in paragraph (3) by striking subparagraphs (A) and (B)
and inserting the following:
``(A) $15,415,000 for fiscal year 2025; and
``(B) $16,185,750 for fiscal year 2026.''; and
(5) by striking paragraph (4) and inserting the following:
``(4) For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for purposes of
retired pay, payments under the Retired Serviceman's Family
Protection Plan and the Survivor Benefit Plan, 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,
$1,210,840,000 for fiscal year 2025.''.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
Section 4904 of title 14, United States Code, is amended--
(1) in subsection (a) by striking ``fiscal years 2022 and
2023'' and inserting ``fiscal years 2025 and 2026''; and
(2) in subsection (b)--
(A) in paragraph (1) by striking ``2,500'' and
inserting ``3,000'';
(B) in paragraph (2) by striking ``165'' and
inserting ``200'';
(C) in paragraph (3) by striking ``385'' and
inserting ``450''; and
(D) in paragraph (4) by striking ``1,200'' and
inserting ``1,300''.
Subtitle B--Acquisition
SEC. 111. MODIFICATION OF PROHIBITION ON USE OF LEAD SYSTEMS
INTEGRATORS.
Section 1105 of title 14, United States Code, is amended by adding
at the end the following:
``(c) Lead Systems Integrator Defined.--In this section, the term
`lead systems integrator' has the meaning given such term in section
805(c) of the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163).''.
SEC. 112. SERVICE LIFE EXTENSION PROGRAMS.
(a) In General.--Subchapter II of chapter 11 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 1138. Service life extension programs
``(a) In General.--Requirements for a Level 1 or Level 2
acquisition project or program under sections 1131 through 1134 shall
not apply to an acquisition by the Coast Guard that is a service life
extension program.
``(b) Service Life Extension Program Defined.--In this section, the
term `service life extension program' means a capital investment that
is solely intended to extend the service life and address obsolescence
of components or systems of a particular capability or asset.''.
(b) Clerical Amendment.--The analysis for chapter 11 of such title
is amended by inserting after the item relating to section 1137 the
following:
``1138. Service life extension programs.''.
(c) Major Acquisitions.--Section 5103 of title 14, United States
Code, is amended--
(1) in subsection (a) by striking ``major acquisition
programs'' and inserting ``Level 1 Acquisitions or Level 2
Acquisitions'';
(2) in subsection (b) by striking ``major acquisition
program'' and inserting ``Level 1 Acquisition or Level 2
Acquisition''; and
(3) by amending subsection (f) to read as follows:
``(f) Definitions.--In this section:
``(1) Level 1 acquisition.--The term `Level 1 Acquisition'
has the meaning given such term in section 1171.
``(2) Level 2 acquisition.--The term `Level 2 Acquisition'
has the meaning given such term in section 1171.''.
(d) Major Acquisition Program Risk Assessment.--Section 5107 of
title 14, United States Code, is amended by striking ``section
5103(f)'' and inserting ``section 1171''.
SEC. 113. CONSIDERATION OF LIFE-CYCLE COST ESTIMATES FOR ACQUISITION
AND PROCUREMENT.
(a) In General.--Subchapter II of chapter 11 of title 14, United
States Code, is further amended by adding at the end the following:
``Sec. 1139. Consideration of life-cycle cost estimates for acquisition
and procurement
``In carrying out the acquisition and procurement of vessels and
aircraft, the Secretary of the department in which the Coast Guard is
operating, acting through the Commandant, shall consider the life-cycle
cost estimates of vessels and aircraft, as applicable, during the
design and evaluation processes to the maximum extent practicable.''.
(b) Clerical Amendment.--The analysis for chapter 11 of title 14,
United States Code, is amended by inserting after the item relating to
section 1138 (as added by this Act) the following:
``1139. Consideration of life-cycle cost estimates for acquisition and
procurement.''.
SEC. 114. GREAT LAKES ICEBREAKING.
(a) Great Lakes Icebreaker.--
(1) Strategy.--Not later than 90 days after the date of
enactment of this Act, 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 strategy detailing how the
Coast Guard will complete design and construction of a Great
Lakes icebreaker at least as capable as the Coast Guard cutter
Mackinaw (WLBB-30) as expeditiously as possible after funding
is provided for such icebreaker, including providing a cost
estimate and an estimated delivery timeline that would
facilitate the expedited delivery detailed in the strategy.
(2) Great lakes icebreaker pilot program.--
(A) In general.--During the 5 ice seasons beginning
after the date of enactment of this Act, the Commandant
shall conduct a pilot program to determine the extent
to which the Coast Guard Great Lakes icebreaking cutter
fleet is capable of maintaining tier one and tier two
waterways open 95 percent of the time during an ice
season.
(B) Report.--Not later than 180 days after the end
of each of the 5 ice seasons beginning after the date
of enactment of this Act, 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 that details--
(i) the results of the pilot program
required under subparagraph (A); and
(ii) any relevant new performance measures
implemented by the Coast Guard, including the
measures described in pages 5 through 7 of the
report of the Coast Guard titled ``Domestic
Icebreaking Operations'' and submitted to
Congress on July 26, 2024, as required by
section 11212(a)(3) of the Don Young Coast
Guard Authorization Act of 2022 (Public Law
117-263), and the results of the implementation
of such measures.
(b) Modification to Reporting Requirement Relating to Icebreaking
Operations in Great Lakes.--
(1) In general.--Section 11213(f) of the Don Young Coast
Guard Authorization Act of 2022 (Public Law 117-263) is amended
to read as follows:
``(f) Public Report.--Not later than July 1 after the first winter
in which the Commandant has submitted the report required by paragraph
(3) of section 11212(a), the Commandant shall publish on a publicly
accessible website of the Coast Guard a report on the cost to the Coast
Guard of meeting the proposed standards described in paragraph (2) of
such section.''.
(2) Public report.--Section 11272(c) of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023 is
amended by adding at the end the following:
``(7) Public report.--
``(A) In general.--Not later than 30 days after the
date of enactment of the Coast Guard Authorization Act
of 2024, the Commandant shall brief the Committee on
Transportation and Infrastructure of the House or
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the cost to the
Coast Guard of meeting the requirements of section 564
of title 14, United States Code, in fiscal year 2024.
``(B) Secondary briefings.--Not later than November
1, 2025 and November, 1, 2026, the Commandant shall
brief the committees described in subparagraph (A) on
the cost to the Coast Guard of meeting the requirements
of section 564 of title 14, United States Code, in
fiscal years 2025 and 2026, respectively.''.
SEC. 115. REGULAR POLAR SECURITY CUTTER UPDATES.
(a) Report.--
(1) Report to congress.--Not later than 120 days after the
date of enactment of this Act, the Commandant and the Chief of
Naval Operations shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committees on Armed
Services of the Senate and the House of Representatives a
report on the status of acquisition of Polar Security Cutters.
(2) Elements.--The report under paragraph (1) shall
include--
(A) a detailed timeline for the acquisition process
of Polar Security Cutters, including expected
milestones and a projected commissioning date for the
first 3 Polar Security Cutters;
(B) an accounting of the previously appropriated
funds spent to date on the Polar Security Cutter
Program, updated cost projections for Polar Security
Cutters, and projections for when additional funds will
be required;
(C) potential factors and risks that could further
delay or imperil the completion of Polar Security
Cutters; and
(D) a review of the acquisition of Polar Security
Cutters to date, including factors that led to
substantial cost overruns and delivery delays.
(b) Briefings.--
(1) Provision to congress.--Not later than 90 days after
the submission of the report under subsection (a), and not less
frequently than every 90 days thereafter, the Commandant and
the Chief of Naval Operations shall provide to the Committee on
Transportation and Infrastructure of the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committees on Armed
Services of the Senate and the House of Representatives a
briefing on the status of the Polar Security Cutter acquisition
process.
(2) Timeline.--The briefings under paragraph (1) shall
occur after any key milestone in the Polar Security Cutter
acquisition process, but not less frequently than every 90
days.
(3) Elements.--Each briefing under paragraph (1) shall
include--
(A) a summary of acquisition progress since the
most recent previous briefing conducted pursuant to
paragraph (1);
(B) an updated timeline and budget estimate for
acquisition and building of pending Polar Security
Cutters; and
(C) an explanation of any delays or additional
costs incurred in the acquisition progress.
(c) Notifications.--In addition to the briefings required under
subsection (b), the Commandant and the Chief of Naval Operations shall
notify the Committee on Transportation and Infrastructure of the House
of Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committees on Armed Services of
the Senate and the House of Representatives within 3 business days of
any significant change to the scope or funding level of the Polar
Security Cutter acquisition strategy of such change.
SEC. 116. FLOATING DRYDOCK FOR UNITED STATES COAST GUARD YARD.
(a) In General.--Subchapter III of chapter 11 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 1159. Floating drydock for United States Coast Guard Yard
``(a) In General.--Except as provided in subsection (b), the
Commandant may not acquire, procure, or construct a floating dry dock
for the Coast Guard Yard.
``(b) Permissible Acquisition, Procurement, or Construction
Methods.--Notwithstanding subsection (a) of this section and section
1105(a), the Commandant may--
``(1) provide for an entity other than the Coast Guard to
contract for the acquisition, procurement, or construction of a
floating drydock by contract, lease, purchase, or other
agreement;
``(2) construct a floating drydock at the Coast Guard Yard;
or
``(3) acquire or procure a commercially available floating
drydock.
``(c) Exemptions From Requirements.--Sections 1131, 1132, 1133, and
1171 shall not apply to an acquisition or procurement under subsection
(b).
``(d) Design Standards and Construction Practices.--To the extent
practicable, a floating drydock acquired, procured, or constructed
under this section shall reflect commercial design standards and
commercial construction practices that are consistent with the best
interests of the Federal Government.
``(e) Berthing Requirement.--Any floating drydock acquired,
procured, or constructed under subsection (b) shall be berthed at the
Coast Guard Yard in Baltimore, Maryland, when lifting or maintaining
vessels.
``(f) Floating Dry Dock Defined.--In this section, the term
`floating dry dock' means equipment that is--
``(1) constructed in the United States; and
``(2) capable of meeting the lifting and maintenance
requirements of a vessel that is at least 418 feet in length
with a gross tonnage of 4,500 gross tons.''.
(b) Clerical Amendment.--The analysis for chapter 11 of title 14,
United States Code, is amended by inserting after the item relating to
section 1158 the following:
``1159. Floating drydock for United States Coast Guard Yard.''.
Subtitle C--Organization and Authorities
SEC. 131. MODIFICATION OF TREATMENT OF MINOR CONSTRUCTION AND
IMPROVEMENT PROJECT MANAGEMENT.
Section 903(d)(1) of title 14, United States Code, is amended by
striking ``$1,500,000'' and inserting ``$2,000,000''.
SEC. 132. PREPAREDNESS PLANS FOR COAST GUARD PROPERTIES LOCATED IN
TSUNAMI INUNDATION ZONES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commandant, in consultation with the Administrator of
the National Oceanic and Atmospheric Administration and the heads of
other appropriate Federal agencies, shall develop a location-specific
tsunami preparedness plan for each property concerned.
(b) Requirements.--In developing each preparedness plan under
subsection (a), the Commandant shall ensure that the plan--
(1) minimizes the loss of human life;
(2) maximizes the ability of the Coast Guard to meet the
mission of the Coast Guard;
(3) is included in the emergency action plan for each Coast
Guard unit or sector located within the applicable tsunami
inundation zone;
(4) designates an evacuation route to an assembly area
located outside the tsunami inundation zone;
(5) takes into consideration near-shore and distant tsunami
inundation of the property concerned;
(6) includes--
(A) maps of all applicable tsunami inundation
zones;
(B) evacuation routes and instructions for all
individuals located on the property concerned;
(C) procedures to begin evacuations as
expeditiously as possible upon detection of a seismic
or other tsunamigenic event;
(D) evacuation plans for Coast Guard aviation and
afloat assets; and
(E)(i) routes for evacuation on foot from any
location within the property concerned; or
(ii) if an on-foot evacuation is not possible, an
assessment of whether there is a need for vertical
evacuation refuges that would allow evacuation on foot;
(7) in the case of a property concerned that is at risk for
a near-shore tsunami, is able to be completely executed within
15 minutes of detection of a seismic event, or if complete
execution is not possible within 15 minutes, within a timeframe
the Commandant considers reasonable to minimize the loss of
life; and
(8) not less frequently than annually, is--
(A) exercised by each Coast Guard unit and sector
located in the applicable tsunami inundation zone;
(B) communicated through an annual in-person
training to Coast Guard personnel and dependents
located or living on the property concerned; and
(C) evaluated by the relevant District Commander
for each Coast Guard unit and sector located within the
applicable tsunami inundation zone.
(c) Consultation.--In developing each preparedness plan under
subsection (a), the Commandant shall consult relevant State, Tribal,
and local government entities, including emergency management
officials.
(d) Briefing.--Not later than 14 months after the date of enactment
of this Act, the Commandant shall provide a briefing to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives on each plan developed under subsection (a), including
the status of implementation and feasibility of each such plan.
(e) Definitions.--In this section:
(1) Property concerned.--The term ``property concerned''
means any real property owned, operated, or leased by the Coast
Guard within a tsunami inundation zone.
(2) Tsunamigenic event.--The term ``tsunamigenic event''
means any event, such as an earthquake, volcanic eruption,
submarine landslide, coastal rockfall, or other event, with the
magnitude to cause a tsunami.
(3) Vertical evacuation refuge.--The term ``vertical
evacuation refuge'' means a structure or earthen mound
designated as a place of refuge in the event of a tsunami, with
sufficient height to elevate evacuees above the tsunami
inundation depth, designed and constructed to resist tsunami
load effects.
SEC. 133. PUBLIC AVAILABILITY OF INFORMATION.
(a) In General.--Section 11269 of the Don Young Coast Guard
Authorization Act of 2022 (Public Law 117-263) is--
(1) transferred to appear at the end of subchapter II of
chapter 5 of title 14, United States Code;
(2) redesignated as section 529; and
(3) amended--
(A) by striking the section enumerator and heading
and inserting the following:
``Sec. 529. Public availability of information'';
(B) by striking ``Not later than'' and inserting
the following:
``(a) In General.--Not later than'';
(C) by striking ``the number of migrant'' and
inserting ``the number of drug and person''; and
(D) by adding at the end the following:
``(b) Contents.--In making information about interdictions publicly
available under subsection (a), the Commandant shall include a
description of the following:
``(1) The number of incidents in which drugs were
interdicted, the amount and type of drugs interdicted, and the
Coast Guard sectors and geographic areas of responsibility in
which such incidents occurred.
``(2) The number of incidents in which persons were
interdicted, the number of persons interdicted, the number of
those persons who were unaccompanied minors, and the Coast
Guard sectors and geographic areas of responsibility in which
such incidents occurred.
``(c) Rule of Construction.--Nothing in this provision shall be
construed to require the Coast Guard to collect the information
described in subsection (b), and nothing in this provision shall be
construed to require the Commandant to publicly release confidential,
classified, law enforcement sensitive, or otherwise protected
information.''.
(b) Clerical Amendments.--
(1) The analysis for chapter 5 of title 14, United States
Code, is amended by inserting after the item relating to
section 528 the following:
``529. Public availability of information on monthly drug and migrant
interdictions.''.
(2) The table of sections in section 11001(b) of the Don
Young Coast Guard Authorization Act of 2022 (division K of
Public Law 117-263) is amended by striking the item relating to
section 11269.
SEC. 134. DELEGATION OF PORTS AND WATERWAYS SAFETY AUTHORITIES IN SAINT
LAWRENCE SEAWAY.
(a) In General.--Section 70032 of title 46, United States Code, is
amended to read as follows:
``Sec. 70032. Delegation of ports and waterways authorities in Saint
Lawrence Seaway
``(a) In General.--Except as provided in subsection (b), the
authority granted to the Secretary under sections 70001, 70002, 70003,
70004, and 70011 may not be delegated with respect to the Saint
Lawrence Seaway to any agency other than the Great Lakes St. Lawrence
Seaway Development Corporation. Any other authority granted the
Secretary under subchapters I through III and this subchapter shall be
delegated by the Secretary to the Great Lakes St. Lawrence Seaway
Development Corporation to the extent the Secretary determines such
delegation is necessary for the proper operation of the Saint Lawrence
Seaway.
``(b) Exception.--The Secretary of the department in which the
Coast Guard is operating, after consultation with the Secretary or the
head of an agency to which the Secretary has delegated the authorities
in subsection (a), may--
``(1) issue and enforce special orders in accordance with
section 70002;
``(2) establish water or waterfront safety zones, or other
measures, for limited, controlled, or conditional access and
activity when necessary for the protection of any vessel
structure, waters, or shore area, as permitted in section
70011(b)(3); and
``(3) take actions for port, harbor, and coastal facility
security in accordance with section 70116.''.
(b) Clerical Amendment.--The analysis for chapter 700 of title 46,
United States Code, is amended by striking the item relating to section
70032 and inserting the following:
``70032. Delegation of ports and waterways authorities in Saint
Lawrence Seaway.''.
SEC. 135. ADDITIONAL PRIBILOF ISLAND TRANSITION COMPLETION ACTIONS.
Section 11221 of the Don Young Coast Guard Authorization Act of
2022 (Public Law 117-263) is amended by adding at the end the
following:
``(e) Additional Reports on Status of Use of Facilities and
Helicopter Basing.--Beginning with the first quarterly report required
under subsection (a) submitted after the date of enactment of the Coast
Guard Authorization Act of 2024, the Secretary shall include in each
such report--
``(1) the status of the use of recently renovated Coast
Guard housing facilities, food preparation facilities, and
maintenance and repair facilities on St. Paul Island, Alaska,
including a projected date for full use and occupancy of such
facilities in support of Coast Guard missions in the Bering
Sea; and
``(2) a detailed plan for the acquisition and construction
of a hangar in close proximity to existing St. Paul airport
facilities for the prosecution of Coast Guard operational
missions, including plans for the use of land needed for such
hangar.''.
SEC. 136. POLICY AND BRIEFING ON AVAILABILITY OF NALOXONE TO TREAT
OPIOID, INCLUDING FENTANYL, OVERDOSES.
(a) Policy.--Not later than 1 year after the date of enactment of
this Act, the Commandant shall update the policy of the Coast Guard
regarding the use, at Coast Guard facilities, onboard Coast Guard
assets, and during Coast Guard operations, of medication to treat drug
overdoses, including the use of naloxone or other similar medication to
treat opioid, including fentanyl, overdoses.
(b) Availability.--The updated policy required under subsection (a)
shall require naloxone or other similar medication be available--
(1) at each Coast Guard clinic;
(2) at each independently located Coast Guard unit;
(3) onboard each Coast Guard cutter; and
(4) for response to opioid, including fentanyl, overdoses
at other appropriate Coast Guard installations and facilities
and onboard other Coast Guard assets.
(c) Participation in Tracking System.--Not later than 1 year after
the earlier of the date of enactment of this Act or the date on which
the tracking system established under section 706 of the National
Defense Authorization Act for Fiscal Year 2024 (10 U.S.C. 1090 note) is
established, the Commandant shall ensure the participation of the Coast
Guard in such tracking system.
(d) Memorandum of Understanding.--Not later than 1 year after the
earlier of the date of enactment of this Act or the date on which the
tracking system established under section 706 of the National Defense
Authorization Act for Fiscal Year 2024 (10 U.S.C. 1090 note) is
established, the Secretary of the department in which the Coast Guard
is operating when not operating as a service in the Navy and the
Secretary of Defense shall finalize a memorandum of understanding to
facilitate Coast Guard access to such tracking system.
(e) Briefing.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Commandant shall provide the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a briefing on the use, by
members and personnel of the Coast Guard at Coast Guard
facilities, onboard Coast Guard assets, and during Coast Guard
operations, of--
(A) naloxone or other similar medication to treat
opioid, including fentanyl, overdoses; and
(B) opioids, including fentanyl.
(2) Elements.--The briefing required under paragraph (1)
shall include the following:
(A) A description of--
(i) the progress made in the implementation
of the updated policy required under subsection
(a);
(ii) the prevalence and incidence of the
illegal use of fentanyl and other controlled
substances in the Coast Guard during the 5-year
period preceding the briefing;
(iii) processes of the Coast Guard to
mitigate substance abuse in the Coast Guard,
particularly with respect to fentanyl; and
(iv) the status of the memorandum of
understanding required under subsection (d).
(B) For the 5-year period preceding the briefing, a
review of instances in which naloxone or other similar
medication was used to treat opioid, including
fentanyl, overdoses at a Coast Guard facility, onboard
a Coast Guard asset, or during a Coast Guard operation.
(f) Privacy.--In carrying out the requirements of this section, the
Commandant shall ensure compliance with all applicable privacy law,
including section 552a of title 5, United States Code (commonly
referred to as the ``Privacy Act''), and the privacy regulations
promulgated under section 264(c) of the Health Insurance Portability
and Accountability Act (42 U.S.C. 1320d-2 note).
(g) Rule of Construction.--For purposes of the availability
requirement under subsection (b), with respect to a Coast Guard
installation comprised of multiple Coast Guard facilities or units,
naloxone or other similar medication available at a single Coast Guard
facility within the installation shall be considered to be available to
all Coast Guard facilities or units on the installation if appropriate
arrangements are in place to ensure access, at all times during
operations, to the naloxone or other similar medication contained
within such single Coast Guard facility.
SEC. 137. GREAT LAKES AND SAINT LAWRENCE RIVER COOPERATIVE VESSEL
TRAFFIC SERVICE.
Not later than 2 years after the date of enactment of this Act, the
Secretary of the department in which the Coast Guard is operating shall
issue or amend regulations to address any applicable arrangements with
the Canadian Coast Guard regarding vessel traffic services cooperation
and vessel traffic management data exchanges within the Saint Lawrence
Seaway and the Great Lakes.
SEC. 138. POLICY ON METHODS TO REDUCE INCENTIVES FOR ILLICIT MARITIME
DRUG TRAFFICKING.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Commandant, in consultation with the
Administrator of the Drug Enforcement Administration, the Secretary of
State, and the Secretary of Defense, shall develop a policy, consistent
with the Constitution of the United States, as well as domestic and
international law, to address, disincentivize, and interdict illicit
trafficking by sea of controlled substances (and precursors of
controlled substances) being transported to produce illicit synthetic
drugs.
(b) Elements.--The policy required under subsection (a) shall--
(1) include a requirement that, to the maximum extent
practicable, a vessel unlawfully transporting a controlled
substance or precursors of a controlled substance being
transported to produce illicit synthetic drugs, be seized or
appropriately disposed of consistent with domestic and
international law, as well as any international agreements to
which the United States is a party; and
(2) aim to reduce incentives for illicit maritime drug
trafficking on a global scale, including in the Eastern Pacific
Ocean, the Indo-Pacific region, the Caribbean, and the Middle
East.
(c) Briefing.--Not later than 1 year after the date of the
enactment of this Act, the Commandant shall brief the Committee on
Commerce, Science, and Transportation, the Committee on Foreign
Relations, and the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Transportation and
Infrastructure, the Committee on Foreign Affairs, and the Committee on
Homeland Security of the House of Representatives on--
(1) the policy developed pursuant to subsection (a); and
(2) recommendations with respect to--
(A) additional methods for reducing illicit drug
trafficking; and
(B) additional resources necessary to implement the
policy required under subsection (a) and methods
recommended under subparagraph (A).
SEC. 139. PROCUREMENT OF TACTICAL MARITIME SURVEILLANCE SYSTEMS.
(a) In General.--Except as provided in subsection (b), subject to
the availability of appropriations and if the Secretary of Homeland
Security determines that there is a need, the Secretary of Homeland
Security shall--
(1) procure a tactical maritime surveillance system, or
similar technology, for use by the Coast Guard and U.S. Customs
and Border Protection in the areas of operation of--
(A) Coast Guard Sector San Diego in California;
(B) Coast Guard Sector San Juan in Puerto Rico; and
(C) Coast Guard Sector Key West in Florida;
(2) continue the use, at Coast Guard Station South Padre
Island, of the system procured under section 11266 of the James
M. Inhofe National Defense Authorization Act for Fiscal Year
2023 (Public Law 117-263); and
(3) for purposes of data integration and land-based data
access, procure a land-based maritime domain awareness system
capable of sharing data with the Coast Guard and U.S. Customs
and Border Protection for each area of operation described in
paragraphs (1) and (2)--
(A) to operate in conjunction with the tactical
maritime surveillance system procured for such area of
operation under this section; and
(B) to be installed in the order in which such
tactical maritime surveillance systems are installed.
(b) Study; Limitation.--
(1) Study required.--Prior to the procurement or operation
of a tactical maritime surveillance system, or similar
technology, that is deployed from a property owned by the
Department of Defense, the Secretary of Homeland Security shall
complete a study, in coordination with Secretary of Defense,
analyzing the potential impacts to the national security of the
United States of such operation.
(2) Limitation.--If it is determined by the Secretary of
Homeland Security and the Secretary of Defense through the
study required under paragraph (1) that the placement or
installation of a system described in subsection (a) negatively
impacts the national security of the United States, such system
shall not be procured or installed.
SEC. 140. PLAN FOR JOINT AND INTEGRATED MARITIME OPERATIONAL AND
LEADERSHIP TRAINING FOR UNITED STATES COAST GUARD AND
TAIWAN COAST GUARD ADMINISTRATION.
(a) Purpose.--The purpose of this section is to require a plan to
increase joint and integrated training opportunities for the United
States Coast Guard and the Taiwan Coast Guard Administration.
(b) Plan.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commandant, in consultation with the
Secretary of State and the Secretary of Defense, shall complete
a plan to expand opportunities for additional joint and
integrated training activities for the United States Coast
Guard and the Taiwan Coast Guard Administration.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) The estimated costs for fiscal years 2024
through 2029--
(i) to deploy United States Coast Guard
mobile training teams to Taiwan to meaningfully
enhance the maritime security, law enforcement,
and deterrence capabilities of Taiwan; and
(ii) to accommodate the participation of an
increased number of members of the Taiwan Coast
Guard Administration in United States Coast
Guard-led maritime training courses, including
associated training costs for such members,
such as costs for lodging, meals and incidental
expenses, travel, training of personnel, and
instructional materials.
(B) A strategy for increasing the number of seats,
as practicable, for members of the Taiwan Coast Guard
Administration at each of the following United States
Coast Guard training courses:
(i) The International Maritime Officers
Course.
(ii) The International Leadership and
Management Seminar.
(iii) The International Crisis Command and
Control Course.
(iv) The International Maritime Domain
Awareness School.
(v) The International Maritime Search and
Rescue Planning School.
(vi) The International Command Center
School.
(C) An assessment of--
(i) the degree to which integrated and
joint United States Coast Guard and Taiwan
Coast Guard Administration maritime training
would assist in--
(I) preventing, detecting, and
suppressing illegal, unreported, and
unregulated fishing operations in the
South China Sea and surrounding waters;
and
(II) supporting counter-illicit
drug trafficking operations in the
South China Sea and surrounding waters;
and
(ii) whether the frequency of United States
Coast Guard training team visits to Taiwan
should be increased to enhance the maritime
security, law enforcement, and deterrence
capabilities of Taiwan.
(3) Briefing.--Not later than 60 days after the date on
which the plan required under paragraph (1) is completed, the
Commandant shall provide to the Committee on Commerce, Science,
and Transportation and the Committee on Foreign Relations of
the Senate and the Committee on Transportation and
Infrastructure and the Committee on Foreign Affairs of the
House of Representatives a briefing on the contents of the
plan.
SEC. 141. MODIFICATION OF AUTHORITY FOR SPECIAL PURPOSE FACILITIES.
Section 907 of title 14, United States Code, is amended--
(1) in subsection (a), in the first sentence--
(A) by striking ``20 years'' and inserting ``30
years'';
(B) by striking ``or National'' and inserting
``National''; and
(C) by inserting before the period ``, medical
facilities, Coast Guard child development centers (as
such term is defined in section 2921), and training
facilities, including small arms firing ranges''; and
(2) in subsection (b)--
(A) by striking the period and inserting a
semicolon;
(B) by striking ``means any facilities'' and
inserting ``means--
``(1) any facilities''; and
(C) by adding at the end the following:
``(2) medical facilities;
``(3) Coast Guard child development centers (as such term
is defined in section 2921); and
``(4) training facilities, including small arms firing
ranges.''.
SEC. 142. TIMELY REIMBURSEMENT OF DAMAGE CLAIMS FOR COAST GUARD
PROPERTY.
Section 546 of title 14, United States Code, is amended in the
second sentence by inserting ``and the amounts collected shall be
available until expended'' after ``special deposit account''.
SEC. 143. ENHANCED USE PROPERTY PILOT PROGRAM.
Section 504 of title 14, United States Code, is amended--
(1) in subsection (a)(13) by striking ``five years'' and
inserting ``30 years''; and
(2) by adding at the end the following:
``(g) Additional Provisions.--
``(1) In general.--Amounts received under subsection
(a)(13) shall be--
``(A) in addition to amounts otherwise available
for the activities described in subsection (a)(13) for
any fiscal year; and
``(B) available, without further appropriation,
until expended.
``(2) Consideration.--
``(A) In general.--Except as provided in
subparagraph (B), a person or entity entering into a
contractual agreement under this section shall provide
consideration for the contractual agreement at fair
market value, as determined by the Commandant.
``(B) Exception.--In the case of a contractual
agreement under this section between the Coast Guard
and any other Federal department or agency, the Federal
department or agency concerned shall provide
consideration for the contractual agreement that is
equal to the full cost borne by the Coast Guard in
connection with completing such contractual agreement.
``(C) Forms.--Consideration under this subsection
may take any of the following forms:
``(i) The payment of cash.
``(ii) The maintenance, construction,
modification, or improvement of existing or new
facilities on real property under the
jurisdiction of the Commandant.
``(iii) The use by the Coast Guard of
facilities on the property concerned.
``(iv) The provision of services, including
parking, telecommunications, and environmental
remediation and restoration of real property
under the jurisdiction of the Commandant.
``(v) Any other consideration the
Commandant considers appropriate.
``(vi) A combination of any forms described
in this subparagraph.
``(3) Sunset.--The authority under paragraph (13) of
subsection (a) shall expire on December 31, 2030. The
expiration under this paragraph of authority under paragraph
(13) of subsection (a) shall not affect the validity or term of
contractual agreements under such paragraph or the retention by
the Commandant of proceeds from such agreements entered into
under such subsection before the expiration of the
authority.''.
SEC. 144. COAST GUARD PROPERTY PROVISION.
(a) In General.--Chapter 7 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 722. Cooperation with eligible entities
``(a) Definitions.--In this section:
``(1) Coast guard installation.--The term `Coast Guard
installation' means a base, unit, station, yard, other property
under the jurisdiction of the Commandant or, in the case of
property in a foreign country, under the operational control of
the Coast Guard, without regard to the duration of operational
control.
``(2) Cultural resource.--The term `cultural resource'
means any of the following:
``(A) A building, structure, site, district, or
object eligible for or included in the National
Register of Historic Places maintained under section
302101 of title 54.
``(B) Cultural items, as that term is defined in
section 2(3) of the Native American Graves Protection
and Repatriation Act (25 U.S.C. 3001(3)).
``(C) An archaeological resource, as that term is
defined in section 3(1) of the Archaeological Resources
Protection Act of 1979 (16 U.S.C. 470bb(1)).
``(D) An archaeological artifact collection and
associated records covered by part 79 of title 36, Code
of Federal Regulations.
``(E) A sacred site, as that term is defined in
section 1(b) of Executive Order No. 13007 (42 U.S.C.
1996 note; relating to Indian sacred sites).
``(F) Treaty or trust resources of an Indian Tribe,
including the habitat associated with such resources.
``(G) Subsistence resources of an Indian Tribe or a
Native Hawaiian organization including the habitat
associated with such resources.
``(3) Eligible entity.--The term `eligible entity' means
any the following:
``(A) A State, or a political subdivision of a
State.
``(B) A local government.
``(C) An Indian Tribe.
``(D) A Native Hawaiian organization.
``(E) A Tribal organization.
``(F) A Federal department or agency.
``(4) Indian tribe.--The term `Indian Tribe' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(5) Native hawaiian organization.--The term `Native
Hawaiian organization' has the meaning given such term in
section 6207 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7517) except the term includes the Department
of Hawaiian Home Lands and the Office of Hawaiian Affairs.
``(6) Natural resource.--The term `natural resource' means
land, fish, wildlife, biota, air, water, ground water, drinking
water supplies, and other such resources belonging to, managed
by, held in trust by, appertaining to, or otherwise controlled
by the United States (including the resources of the waters of
the United States), any State or local government, any Indian
Tribe, any Native Hawaiian organization, or any member of an
Indian Tribe, if such resources are subject to a trust
restriction on alienation and have been categorized into one of
the following groups:
``(A) Surface water resources.
``(B) Ground water resources.
``(C) Air resources.
``(D) Geologic resources.
``(E) Biological resources.
``(7) State.--The term `State' includes each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, and the
territories and possessions of the United States.
``(8) Tribal organization.--The term `Tribal organization'
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(b) Cooperative Agreements for Management of Cultural
Resources.--
``(1) Authority.--The Commandant may enter into a
cooperative agreement with an eligible entity (or in the case
that the eligible entity is a Federal department or agency, an
interagency agreement)--
``(A) to provide for the preservation, management,
maintenance, and improvement of natural resources and
cultural resources located on a site described under
paragraph (2); and
``(B) for the purpose of conducting research
regarding the natural resources and cultural resources.
``(2) Authorized natural and cultural resources sites.--To
be covered by a cooperative agreement under paragraph (1), the
relevant natural resources or cultural resources shall be
located--
``(A) on a Coast Guard installation; or
``(B) on a site outside of a Coast Guard
installation, but only if the cooperative agreement
will directly relieve or eliminate current or
anticipated restrictions that would or might restrict,
impede, or otherwise interfere, either directly or
indirectly, with current or anticipated Coast Guard
training, testing, maintenance, or operations on a
Coast Guard installation.
``(3) Application of other laws.--Section 1535 and chapter
63 of title 31 shall not apply to an agreement entered into
under paragraph (1).
``(c) Agreements and Considerations.--
``(1) Agreements authorized.--The Commandant may enter into
an agreement with an eligible entity, and may enter into an
interagency agreement with the head of another Federal
department or agency, to address the use or development of
property in the vicinity of, or ecologically related to, a
Coast Guard installation for purposes of--
``(A) limiting any development or use of such
property that would be incompatible with the mission of
the Coast Guard installation;
``(B) preserving habitat on such property in a
manner that--
``(i) is compatible with environmental
requirements; and
``(ii) may eliminate or relieve current or
anticipated environmental restrictions that
would or might otherwise restrict, impede, or
interfere, either directly or indirectly, with
current or anticipated Coast Guard training or
operations on the Coast Guard installation;
``(C) maintaining or improving Coast Guard
installation resilience;
``(D) maintaining and improving natural resources,
or benefitting natural and historic research, on the
Coast Guard installation;
``(E) maintaining access to cultural resources and
natural resources, including--
``(i) Tribal treaty fisheries and shellfish
harvest, and usual and accustomed fishing
areas; and
``(ii) subsistence fisheries, or any other
fishery or shellfish harvest, of an Indian
Tribe;
``(F) providing a means to replace or repair
property or cultural resources of an Indian Tribe or a
Native Hawaiian organization if such property is
damaged by Coast Guard personnel or operations, in
consultation with the affected Indian Tribe or Native
Hawaiian organization; or
``(G) maintaining and improving natural resources
located outside a Coast Guard installation, including
property of an eligible entity, if the purpose of the
agreement is to relieve or eliminate current or
anticipated challenges that could restrict, impede, or
otherwise interfere with, either directly or
indirectly, current or anticipated Coast Guard
activities.
``(2) Inapplicability of certain contract requirements.--
Notwithstanding chapter 63 of title 31, an agreement under
subsection (b)(1) that is a cooperative agreement and concerns
a cultural resource or a natural resource may be used to
acquire property or services for the direct benefit or use of
the Federal Government.
``(d)(1) An agreement under subparagraph (b)(1) shall provide for--
``(A) the acquisition by an eligible entity or
entities of all right, title, and interest in and to
any real property, or any lesser interest in the
property, as may be appropriate for purposes of this
subsection; and
``(B) the sharing by the United States and an
eligible entity or entities of the acquisition costs in
accordance with paragraph (3).
``(2) Property or interests may not be acquired pursuant to an
agreement under subsection (b)(1) unless the owner of the property or
interests consents to the acquisition.
``(3)(A) An agreement with an eligible entity under subsection
(b)(1) may provide for--
``(i) the management of natural resources on, and
the monitoring and enforcement of any right, title, or
interest in real property in which the Commandant
acquires any right, title, or interest in accordance
with this subsection; and
``(ii) for the payment by the United States of all
or a portion of the costs of such management,
monitoring, or enforcement if the Commandant determines
that there is a demonstrated need to preserve or
restore habitat for the purposes of subsection (b) or
(c).
``(B) Any payment provided for under subparagraph (A) may--
``(i) be paid in a lump sum;
``(ii) include an amount intended to cover the
future costs of natural resource management and
monitoring and enforcement; and
``(iii) be placed by the eligible entity in an
interest-bearing account, so long as any interest is to
be applied for the same purposes as the principal.
``(C) Any payments made under this paragraph shall be
subject to periodic auditing by the Inspector General of the
department in which the Coast Guard is operating.
``(4)(A) In entering into an agreement under subsection (b)(1), the
Commandant shall determine the appropriate portion of the acquisition
costs to be borne by the United States in the sharing of acquisition
costs of real property, or an interest in real property, as required
under paragraph (1)(B).
``(B) In lieu of, or in addition to, making a monetary
contribution toward the cost of acquiring a parcel of real
property, or an interest therein, pursuant to an agreement
under subsection (b)(1), the Commandant may convey real
property in accordance with applicable law.
``(C) The portion of acquisition costs borne by the United
States pursuant to subparagraph (A), either through the
contribution of funds, excess real property, or both, may not
exceed an amount equal to--
``(i) the fair market value of any property, or
interest in property, to be transferred to the United
States upon the request of the Commandant under
paragraph (5); or
``(ii) the cumulative fair market value of all
properties, or all interests in properties, to be
transferred to the United States under paragraph (5)
pursuant to an agreement under subsection (b)(1).
``(D) The contribution of an eligible entity to the
acquisition costs of real property, or an interest in real
property, under paragraph (1)(B) may include, with the approval
of the Commandant, the following:
``(i) The provision of funds, including funds
received by the eligible entity from--
``(I) a Federal agency outside the
department in which the Coast Guard is
operating; or
``(II) a State or local government in
connection with a Federal, State, or local
program.
``(ii) The provision of in-kind services, including
services related to the acquisition or maintenance of
such real property or interest in real property.
``(iii) The exchange or donation of real property
or any interest in real property.
``(iv) Any combination of clauses (i) through
(iii).
``(5)(A) In entering into an agreement under subsection (b)(1),
each eligible entity that is a party to the agreement shall agree, as a
term of the agreement, to transfer to the United States, upon request
of the Commandant, all or a portion of the property or interest
acquired under the agreement or a lesser interest therein, except no
such requirement need be included in the agreement if--
``(i) the property or interest is being transferred
to a State or another Federal agency, or the agreement
requires the property or interest to be subsequently
transferred to a State or another Federal agency; and
``(ii) the Commandant determines that the laws and
regulations applicable to the future use of such
property or interest provide adequate assurance that
the property concerned will be developed and used in a
manner appropriate for purposes of this subsection.
``(B) The Commandant shall limit a transfer request
pursuant to subparagraph (A) to the minimum property or
interests necessary to ensure that the property or interest
concerned is developed and used in a manner appropriate for
purposes of this subsection.
``(C)(i) Notwithstanding paragraph (A), If all or a portion
of a property or interest acquired under an agreement under
subsection (b)(1) is initially or subsequently transferred to a
State or another Federal agency, before that State or other
Federal agency may declare the property or interest in excess
to its needs or propose to exchange the property or interest,
the State or other Federal agency shall give the Commandant
reasonable advance notice of its intent to so declare.
``(ii) Upon receiving such reasonable advance
notice under clause (i), the Commandant may request,
within a reasonable time period, that administrative
jurisdiction over the property or interest be
transferred to the Commandant, if the Commandant
determines such transfer necessary for the preservation
of the purposes of this subsection.
``(iii) Upon a request from the Commandant under
clause (ii), the administrative jurisdiction over the
property or interest be transferred to the Commandant
at no cost.
``(iv) If the Commandant does not make a request
under clause (ii) within a reasonable time period, all
such rights of the Commandant to request transfer of
administrative jurisdiction over the property or
interest shall remain available to the Commandant with
respect to future transfers or exchanges of the
property or interest and shall bind all subsequent
transferees.
``(D) The Commandant may accept, on behalf of the United
States, any property or interest to be transferred to the
United States under an agreement under subsection (b)(1).
``(E) For purposes of the acceptance of property or
interests under an agreement under subsection (b)(1), the
Commandant may accept an appraisal or title documents prepared
or adopted by a non-Federal entity as satisfying the applicable
requirements of section 301 of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C. 4651) or section 3111 of title 40 if the Commandant
finds that the appraisal or title documents substantially
comply with the requirements of such sections and is reasonably
accurate.
``(e) Minimal Criteria for Approval of Agreements.--The Commandant
may approve a cooperative agreement under subsection (b)(1) if the
Commandant determines that--
``(1) the eligible entity has authority to carry out the
project;
``(2) the project would be completed without unreasonable
delay as determined by the Commandant; and
``(3) the project cannot be effectively completed without
the cooperative agreement authority under subsection (b)(1).
``(f) Additional Terms and Conditions.--The Commandant may require
such additional terms and conditions in an agreement under subsection
(b)(1) as the Commandant considers appropriate to protect the interests
of the United States, in accordance with applicable Federal law.
``(g) Notification; Availability of Agreements to Congress.--
``(1) Notification.--The Commandant shall notify the
Committee on Commerce, Science, and Transportation or the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Indian Affairs of the Senate when
the eligible entity is a Tribe, Tribal Organization or Native
Hawaiian organization, and the Committee on Transportation and
Infrastructure of the House of Representatives in writing not
later than the date that is 3 full business days prior to any
day on which the Commandant intends to enter into an agreement
under subsection (b)(1), and include in such notification the
anticipated costs of carrying out the agreement, to the extent
practicable.
``(2) Availability of agreements.--A copy of an agreement
entered into under subsection (b)(1) shall be provided to any
member of the Committee on Commerce, Science, and
Transportation or the Committee on Homeland Security and
Governmental Affairs of the Senate or the Committee on
Transportation and Infrastructure of the House of
Representatives not later than 5 full business days after the
date on which such request is submitted to the Commandant.
``(h) Consultation.--Not later than 180 days after the date of
enactment of the Coast Guard Authorization Act of 2024, the Commandant
shall consult with Indian Tribes to improve opportunities for Indian
Tribe participation in the development and execution of Coast Guard oil
spill response and prevention activities.
``(i) Rule of Construction.--Nothing in this section may be
construed to undermine the rights of any Indian Tribe to seek full and
meaningful government-to-government consultation under this section or
under any other law.''.
(b) Clerical Amendment.--The analysis for chapter 7 of title 14,
United States Code, is amended by inserting after the item relating to
section 721 the following:
``722. Cooperation with eligible entities.''.
Subtitle D--Personnel
SEC. 151. DIRECT HIRE AUTHORITY FOR CERTAIN PERSONNEL.
(a) In General.--Subchapter I of chapter 25 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 2517. Direct hire authority for certain personnel
``(a) In General.--The Commandant may appoint, without regard to
the provisions of subchapter I of chapter 33 (other than sections 3303
and 3328 of such chapter) of title 5, qualified candidates to any of
the following positions in the competitive service (as defined in
section 2102 of title 5) in the Coast Guard:
``(1) Any category of medical or health professional
positions within the Coast Guard.
``(2) Any childcare services position.
``(3) Any position in the Coast Guard housing office of a
Coast Guard installation, the primary function of which is
supervision of Coast Guard housing covered by subchapter III of
chapter 29 of this title.
``(4) Any nonclinical specialist position the purpose of
which is the integrated primary prevention of harmful behavior,
including suicide, sexual assault, harassment, domestic abuse,
and child abuse.
``(5) Any special agent position of the Coast Guard
Investigative Service.
``(6) The following positions at the Coast Guard Academy:
``(A) Any civilian faculty member appointed under
section 1941.
``(B) A position involving the improvement of cadet
health or well-being.
``(b) Limitation.--The Commandant shall only appoint qualified
candidates under the authority provided by subsection (a) if the
Commandant determines that there is a shortage of qualified candidates
for the positions described in such subsection or a critical hiring
need for such positions.
``(c) Briefing Requirement.--Not later than 1 year after the date
of enactment of the Coast Guard Authorization Act of 2024, and annually
thereafter for the following 5 years, the Commandant shall submit to
the Committee on Commerce, Science, and Transportation and the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a written briefing which describes the use of the
authority provided under this section on an annual basis, including the
following:
``(1) The number of employees hired under the authority
provided under this section within the year for which the
briefing is provided.
``(2) The positions and grades for which employees were
hired.
``(3) A justification for the Commandant's determination
that such positions involved a shortage of qualified candidates
or a critical hiring need.
``(4) The number of employees who were hired under the
authority provided under this section who have separated from
the Coast Guard.
``(5) Steps the Coast Guard has taken to engage with the
Office of Personnel Management under subpart B of part 337 of
title 5, Code of Federal Regulations, for positions for which
the Commandant determines a direct hire authority remains
necessary.
``(d) Sunset.--The authority provided under subsection (a) shall
expire on September 30, 2030.''.
(b) Clerical Amendment.--The analysis for chapter 25 of title 14,
United States Code, is amended by inserting after the item relating to
2516 the following:
``2517. Direct hire authority for certain personnel.''.
SEC. 152. TEMPORARY EXEMPTION FROM AUTHORIZED END STRENGTH FOR ENLISTED
MEMBERS ON ACTIVE DUTY IN COAST GUARD IN PAY GRADES E-8
AND E-9.
Section 517(a) of title 10, United States Code, shall not apply
with respect to the Coast Guard until October 1, 2027.
SEC. 153. ADDITIONAL AVAILABLE GUIDANCE AND CONSIDERATIONS FOR RESERVE
SELECTION BOARDS.
Section 3740(f) of title 14, United States Code, is amended by
striking ``section 2117'' and inserting ``sections 2115 and 2117''.
SEC. 154. FAMILY LEAVE POLICIES FOR THE COAST GUARD.
(a) In General.--Section 2512 of title 14, United States Code, is
amended--
(1) in the section heading by striking ``Leave'' and
inserting ``Family leave'';
(2) in subsection (a)--
(A) by striking ``, United States Code,'' and
inserting ``or, with respect to the reserve component
of the Coast Guard, the Secretary of Defense
promulgates a new regulation for members of the reserve
component of the Coast Guard pursuant to section 711 of
title 10,'';
(B) by striking ``or adoption of a child'' and
inserting ``or placement of a minor child with the
member for adoption or long term foster care'';
(C) by striking ``and enlisted members'' and
inserting ``, enlisted members, and members of the
reserve component''; and
(D) by inserting ``or, with respect to members of
the reserve component of the Coast Guard, the Secretary
of Defense'' after ``provided by the Secretary of the
Navy'';
(3) in subsection (b)--
(A) in the subsection heading by striking
``Adoption of Child'' and inserting ``Placement of
Minor Child With Member for Adoption or Long Term
Foster Care'';
(B) by striking ``and 704'' and inserting ``, 704,
and 711'';
(C) by striking ``and enlisted members'' and
inserting ``, enlisted members, and members of the
reserve component'';
(D) by striking ``or adoption'' inserting ``,
adoption, or long term foster care'';
(E) by striking ``immediately'';
(F) by striking ``or adoption'' and inserting ``,
placement of a minor child with the member for long-
term foster care or adoption,''; and
(G) by striking ``enlisted member'' and inserting
``, enlisted member, or member of the reserve
component'';
(4) by adding at the end the following:
``(c) Period of Leave.--
``(1) In general.--The Secretary of the department in which
the Coast Guard is operating, may authorize leave described
under subparagraph (b) to be taken after the one-year period
described in subparagraph (b) in the case of a member described
in subsection (b) who, except for this subparagraph, would lose
unused family leave at the end of the one-year period described
in subparagraph (A) as a result of--
``(A) operational requirements;
``(B) professional military education obligations;
or
``(C) other circumstances that the Secretary
determines reasonable and appropriate.
``(2) Extended deadline.--The regulation, rule, policy, or
memorandum prescribed under paragraph (a) shall require that
any leave authorized to be taken after the one-year period
described in subparagraph (c)(1)(A) shall be taken within a
reasonable period of time, as determined by the Secretary of
the department in which the Coast Guard is operating, after
cessation of the circumstances warranting the extended
deadline.
``(d) Member of the Reserve Component of the Coast Guard Defined.--
In this section, the term `member of the reserve component of the Coast
Guard' means a member of the Coast Guard who is a member of--
``(1) the selected reserve who is entitled to compensation
under section 206 of title 37; or
``(2) the individual ready reserve who is entitled to
compensation under section 206 of title 37 when attending or
participating in a sufficient number of periods of inactive-
duty training during a year to count the year as a qualifying
year of creditable service toward eligibility for retired
pay.''.
(b) Clerical Amendment.--The analysis for chapter 25 of title 14,
United States Code, is amended by striking the item relating to section
2512 and inserting the following:
``2512. Family leave policies for the Coast Guard.''.
(c) Compensation.--Section 206(a)(4) of title 37, United States
Code, is amended by inserting before the period at the end ``or family
leave under section 2512 of title 14''.
SEC. 155. AUTHORIZATION FOR MATERNITY UNIFORM ALLOWANCE FOR OFFICERS.
Section 2708 of title 14, United States Code, is amended by adding
at the end the following:
``(c) The Coast Guard may provide a cash allowance, in such amount
as the Secretary shall determine by policy, to be paid to pregnant
officer personnel for the purchase of maternity-related uniform items,
if such uniform items are not so furnished to the member by the Coast
Guard.''.
SEC. 156. HOUSING.
(a) In General.--Subchapter III of chapter 29 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 2948. Authorization for acquisition of existing family housing
in lieu of construction
``(a) In General.--In lieu of constructing any family housing units
authorized by law to be constructed, the Commandant may acquire sole
interest in existing family housing units that are privately owned or
that are held by the Department of Housing and Urban Development,
except that in foreign countries the Commandant may acquire less than
sole interest in existing family housing units.
``(b) Acquisition of Interests in Land.--When authority provided by
law to construct Coast Guard family housing units is used to acquire
existing family housing units under subsection (a), the authority
includes authority to acquire interests in land.
``(c) Limitation on Net Floor Area.--The net floor area of a family
housing unit acquired under the authority of this section may not
exceed the applicable limitation specified in section 2826 of title 10.
The Commandant may waive the limitation set forth in the preceding
sentence for family housing units acquired under this section during
the five-year period beginning on the date of the enactment of this
section.
``Sec. 2949. Acceptance of funds to cover administrative expenses
relating to certain real property transactions
``(a) Authority To Accept.--In connection with a real property
transaction referred to in subsection (b) with a non-Federal person or
entity, the Commandant may accept amounts provided by the person or
entity to cover administrative expenses incurred by the Commandant in
entering into the transaction.
``(b) Covered Transactions.--Subsection (a) applies to the
following transactions involving real property under the control of the
Commandant:
``(1) The exchange of real property.
``(2) The grant of an easement over, in, or upon real
property of the United States.
``(3) The lease or license of real property of the United
States.
``(4) The disposal of real property of the United States
for which the Commandant will be the disposal agent.
``(5) The conveyance of real property under section
2945.''.
(b) Clerical Amendment.--The analysis for chapter 29 of title 14,
United States Code, is amended by adding at the end the following:
``2948. Authorization for acquisition of existing family housing in
lieu of construction.
``2949. Acceptance of funds to cover administrative expenses relating
to certain real property transactions.''.
(c) Report on GAO Recommendations on Housing Program.--Not later
than 1 year after the date of enactment of this Act, 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 on the status of the
implementation of the recommendations contained in the report of the
Government Accountability Office titled ``Coast Guard: Better Feedback
Collection and Information Could Enhance Housing Program'', and issued
February 5, 2024 (GAO-24-106388).
SEC. 157. UNIFORM FUNDING AND MANAGEMENT SYSTEM FOR MORALE, WELL-BEING,
AND RECREATION PROGRAMS AND COAST GUARD EXCHANGE.
(a) In General.--Subchapter IV of chapter 5 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 565. Uniform funding and management of morale, well-being, and
recreation programs and Coast Guard Exchange
``(a) Authority for Uniform Funding and Management.--Under policies
issued by the Commandant, funds appropriated to the Coast Guard and
available for morale, well-being, and recreation programs and the Coast
Guard Exchange may be treated as nonappropriated funds and expended in
accordance with laws applicable to the expenditure of nonappropriated
funds. When made available for morale, well-being, and recreation
programs and the Coast Guard Exchange under such policies, appropriated
funds shall be considered to be nonappropriated funds for all purposes
and shall remain available until expended.
``(b) Conditions on Availability.--Funds appropriated to the Coast
Guard and subject to a policy described in subsection (a) shall only be
available in amounts that are determined by the Commandant to be
consistent with--
``(1) Coast Guard policy; and
``(2) Coast Guard readiness and resources.
``(c) Updated Policy.--Not later than 90 days after the date of
enactment of the Coast Guard Authorization Act of 2024, the Commandant
shall update the policies described in subsection (a) consistent with
this section.
``(d) Briefing.--Not later than 30 days after the date on which the
Commandant issues the updated policies required under subsection (c),
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 briefing on such
policies.''.
(b) Clerical Amendment.--The analysis for chapter 5 of title 14,
United States Code, is amended by inserting after the item relating to
section 564 the following:
``565. Uniform funding and management of morale, well-being, and
recreation programs and Coast Guard
Exchange.''.
SEC. 158. COAST GUARD EMBEDDED BEHAVIORAL HEALTH TECHNICIAN PROGRAM.
(a) Establishment.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Commandant, in coordination with the
Assistant Commandant for Health, Safety, and Work Life, shall
establish and conduct a pilot program, to be known as the
``Coast Guard Embedded Behavioral Health Technician Program''
(referred to in this section as the ``Pilot Program''), to
integrate behavioral health technicians serving at Coast Guard
units for the purposes of--
(A) facilitating, at the clinic level, the
provision of integrated behavioral health care for
members of the Coast Guard;
(B) providing, as a force extender under the
supervision of a licensed behavioral health care
provider, at the clinic level--
(i) psychological assessment and diagnostic
services, as appropriate;
(ii) behavioral health services, as
appropriate;
(iii) education and training related to
promoting positive behavioral health and well-
being; and
(iv) information and resources, including
expedited referrals, to assist members of the
Coast Guard in dealing with behavioral health
concerns;
(C) improving resilience and mental health care
among members of the Coast Guard who respond to
extraordinary calls of duty, with the ultimate goals of
preventing crises and addressing mental health concerns
before such concerns evolve into more complex issues
that require care at a military treatment facility;
(D) increasing--
(i) the number of such members served by
behavioral health technicians; and
(ii) the proportion of such members
returning to duty after seeking behavioral
health care; and
(E) positively impacting the Coast Guard in a cost-
effective manner by extending behavioral health
services to the workforce and improving access to care.
(2) Briefing.--Not later than 120 days after the date of
enactment of this Act, the Commandant shall provide the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives with a briefing regarding a
plan to establish and conduct the Pilot Program.
(b) Selection of Coast Guard Clinics.--The Commandant shall select,
for participation in the Pilot Program, 3 or more Coast Guard clinics
that support units that have significantly high operational tempos or
other force resiliency risks, as determined by the Commandant.
(c) Placement of Staff at Coast Guard Clinics.--
(1) In general.--Under the Pilot Program, a Coast Guard
health services technician with a grade of E-5 or higher, or an
assigned civilian behavioral health specialist, shall be--
(A) assigned to each selected Coast Guard clinic;
and
(B) located at a unit with high operational tempo.
(2) Training.--
(A) Health services technicians.--Before commencing
an assignment at a Coast Guard clinic under paragraph
(1), a Coast Guard health services technician shall
complete behavioral health technician training and
independent duty health services training.
(B) Civilian behavioral health specialists.--To
qualify for an assignment at a Coast Guard clinic under
paragraph (1), a civilian behavioral health specialist
shall have at least the equivalent behavioral health
training as the training required for a Coast Guard
behavioral health technician under subparagraph (A).
(d) Administration.--The Commandant, in coordination with the
Assistant Commandant for Health, Safety, and Work Life, shall
administer the Pilot Program through the Health, Safety, and Work-Life
Service Center.
(e) Data Collection.--
(1) In general.--The Commandant shall collect and analyze
data concerning the Pilot Program for purposes of--
(A) developing and sharing best practices for
improving access to behavioral health care; and
(B) providing information to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives regarding the
implementation of the Pilot Program and related policy
issues.
(2) Plan.--Not later than 270 days after the date of
enactment of this Act, 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 plan for carrying out
paragraph (1).
(f) Annual Report.--Not later than September 1 of each year until
the date on which the Pilot Program terminates under subsection (g),
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 Pilot
Program that includes the following:
(1) An overview of the implementation of the Pilot Program
at each applicable Coast Guard clinic, including--
(A) the number of members of the Coast Guard who
received services on site by a behavioral health
technician assigned to such clinic;
(B) feedback from all members of the Coast Guard
empaneled for their medical care under the Pilot
Program;
(C) an assessment of the deployability and overall
readiness of members of the applicable operational
unit; and
(D) an estimate of potential costs and impacts on
other Coast Guard health care services of supporting
the Pilot Program at such units and clinics.
(2) The data and analysis required under subsection (e)(1).
(3) A list and detailed description of lessons learned from
the Pilot Program as of the date of on which the report is
submitted.
(4) The feasibility, estimated cost, and impacts on other
Coast Guard health care services of expanding the Pilot Program
to all Coast Guard clinics, and a description of the personnel,
fiscal, and administrative resources that would be needed for
such an expansion.
(g) Termination.--The Pilot Program shall terminate on September
30, 2028.
SEC. 159. EXPANSION OF ACCESS TO COUNSELING.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall hire, train, and deploy not
fewer than 5 additional behavioral health specialists, in addition to
the personnel required under section 11412(a) of the Don Young Coast
Guard Authorization Act of 2022 (14 U.S.C. 504 note).
(b) Requirement.--The Commandant shall ensure that not fewer than
35 percent of behavioral health specialists required to be deployed
under subsection (a) have experience in--
(1) behavioral health care related to military sexual
trauma; and
(2) behavioral health care for the purpose of supporting
members of the Coast Guard with needs for mental health care
and counseling services for post-traumatic stress disorder and
co-occurring disorders related to military sexual trauma.
(c) Accessibility.--The support provided by the behavioral health
specialists hired pursuant to subsection (a)--
(1) may include care delivered via telemedicine; and
(2) shall be made widely available to members of the Coast
Guard.
(d) Notification.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall notify the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives if the Coast Guard has not
completed hiring, training, and deploying--
(A) the personnel referred to in subsections (a)
and (b); and
(B) the personnel required under section 11412(a)
of the Don Young Coast Guard Authorization Act of 2022
(14 U.S.C. 504 note).
(2) Contents.--The notification required under paragraph
(1) shall include--
(A) the date of publication of the hiring
opportunity for all such personnel;
(B) the General Schedule grade level advertised in
the publication of the hiring opportunity for all such
personnel;
(C) the number of personnel to whom the Coast Guard
extended an offer of employment in accordance with the
requirements of this section and section 11412(a) of
the Don Young Coast Guard Authorization Act of 2022 (14
U.S.C. 504 note), and the number of such personnel who
accepted or declined such offer of employment;
(D) a summary of the efforts by the Coast Guard to
publicize, advertise, or otherwise recruit qualified
candidates in accordance with the requirements of this
section and section 11412(a) of such Act; and
(E) any recommendations and a detailed plan to
ensure full compliance with the requirements of this
section and section 11412(a) of such Act, which may
include special payments discussed in the report of the
Government Accountability Office titled ``Federal Pay:
Opportunities Exist to Enhance Strategic Use of Special
Payments'', published on December 7, 2017 (GAO-18-91),
which may be made available to help ensure full
compliance with all such requirements in a timely
manner.
SEC. 160. COMMAND SPONSORSHIP FOR DEPENDENTS OF MEMBERS OF COAST GUARD
ASSIGNED TO UNALASKA, ALASKA.
On request by a member of the Coast Guard assigned to Unalaska,
Alaska, the Commandant shall grant command sponsorship to the
dependents of such member.
SEC. 161. TRAVEL ALLOWANCE FOR MEMBERS OF COAST GUARD ASSIGNED TO
ALASKA.
(a) Establishment.--The Commandant shall implement a policy that
provides for reimbursement to eligible members of the Coast Guard for
the cost of airfare for such members to travel to the homes of record
of such member during the period specified in subsection (e).
(b) Eligible Members.--A member of the Coast Guard is eligible for
a reimbursement under subsection (a) if--
(1) the member is assigned to a duty location in Alaska;
and
(2) an officer in a grade above O-5 in the chain of command
of the member authorizes the travel of the member.
(c) Treatment of Time as Leave.--The time during which an eligible
member is absent from duty for travel reimbursable under subsection (a)
shall be treated as leave for purposes of section 704 of title 10,
United States Code.
(d) Briefing Required.--Not later than February 1, 2027, 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 briefing on--
(1) the use and effectiveness of reimbursements under
subsection (a);
(2) the calculation and use of the cost of living allowance
for a member assigned to a duty location in Alaska; and
(3) the use of special pays and other allowances as
incentives for cold weather proficiency or duty locations.
(e) Period Specified.--The period specified in this subsection is
the period--
(1) beginning on the date of enactment of this Act; and
(2) ending on the later of--
(A) December 31, 2026; or
(B) the date on which the authority under section
352 of title 37, United States Code, to grant
assignment or special duty pay to members of the
uniform services terminates under subsection (g) of
such section.
SEC. 162. CONSOLIDATION OF AUTHORITIES FOR COLLEGE STUDENT
PRECOMMISSIONING INITIATIVE.
(a) In General.--Section 3710 of title 14, United States Code, is
amended to read as follows:
``Sec. 3710. College student precommissioning initiative
``(a) In General.--There is authorized within the Coast Guard a
college student precommissioning initiative program (in this section
referred to as the `Program') for eligible undergraduate students to
enlist in the Coast Guard Reserve and receive a commission as a Reserve
officer.
``(b) Criteria for Selection.--To be eligible for the Program an
applicant shall meet the following requirements upon submitting an
application:
``(1) Age.--The applicant shall be not less than 19 years
old and not more than 31 years old as of September 30 of the
fiscal year in which the Program selection panel selecting such
applicant convenes, or an age otherwise determined by the
Commandant.
``(2) Character.--
``(A) In general.--The applicant shall be of
outstanding moral character and meet any other
character requirement set forth by the Commandant.
``(B) Coast guard applicants.--Any applicant
serving in the Coast Guard may not be commissioned if
in the 36 months prior to the first Officer Candidate
School class convening date in the selection cycle,
such applicant was convicted by a court-martial or
assigned nonjudicial punishment, or did not meet
performance or character requirements set forth by the
Commandant.
``(3) Citizenship.--The applicant shall be a United States
citizen.
``(4) Clearance.--The applicant shall be eligible for a
secret clearance.
``(5) Education.--The applicant shall be enrolled in a
college degree program at--
``(A) an institution of higher education described
in section 371(a) of the Higher Education Act of 1965
(20 U.S.C. 1067q(a));
``(B) an institution of higher education (as
defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001)) that, at the time of the
application has had for 3 consecutive years an
enrollment of undergraduate full-time equivalent
students (as defined in section 312(e) of such Act (20
U.S.C. 1058(e))) that is a total of at least 50 percent
Black American, Hispanic American, Asian American (as
defined in section 371(c) of such Act (20 U.S.C.
1067q(c))), Native American Pacific Islander (as
defined in such section), or Native American (as
defined in such section), among other criteria, as
determined by the Commandant; or
``(C) an institution that meets the eligibility
requirements for funding as a rural-serving institution
of higher education under section 861 of the Higher
Education Act of 1965 (20 U.S.C. 1161q).
``(6) Location.--The institution at which the applicant is
an undergraduate shall be within 100 miles of a Coast Guard
unit or Coast Guard Recruiting Office unless otherwise approved
by the Commandant.
``(7) Records.--The applicant shall meet credit and grade
point average requirements set forth by the Commandant.
``(8) Medical and administrative.--The applicant shall meet
other medical and administrative requirements as set forth by
the Commandant.
``(c) Financial Assistance.--
``(1) In general.--The Commandant may provide financial
assistance to enlisted members of the Coast Guard Reserve on
active duty participating in the Program, for expenses of the
enlisted member while the enlisted member is enrolled, on a
full-time basis, in a college degree program approved by the
Commandant at a college, university, or institution of higher
education described in subsection (b)(5) that leads to--
``(A) a baccalaureate degree in not more than 5
academic years; or
``(B) a post-baccalaureate degree.
``(2) Written agreements.--To be eligible for financial
assistance under this section, an enlisted member of the Coast
Guard Reserve shall enter into a written agreement with the
Coast Guard that notifies the Reserve enlisted member of the
obligations of that member under this section, and in which the
member agrees to the following:
``(A) The member shall complete an approved college
degree program at a college, university, or institution
of higher education described in subsection (b)(5).
``(B) The member shall satisfactorily complete all
required Coast Guard training and participate in
monthly military activities of the Program as required
by the Commandant.
``(C) Upon graduation from the college, university,
or institution of higher education described in
subsection (b)(5), the member shall--
``(i) accept an appointment, if tendered,
as a commissioned officer in the Coast Guard
Reserve; and
``(ii) serve a period of obligated active
duty for a minimum of 3 years immediately after
such appointment as follows:
``(I) Members participating in the
Program shall be obligated to serve on
active duty 3 months for each month of
instruction for which they receive
financial assistance pursuant to this
section for the first 12 months and 1
month for each month thereafter, or 3
years, whichever is greater.
``(II) The period of obligated
active duty service incurred while
participating in the Program shall be
in addition to any other obligated
service a member may incur due to
receiving other bonuses or other
benefits as part of any other Coast
Guard program.
``(III) If an appointment described
in clause (i) is not tendered, the
member will remain in the Reserve
component until completion of the
member's enlisted service obligation.
``(D) The member shall agree to perform such duties
or complete such terms under the conditions of service
specified by the Coast Guard.
``(3) Expenses.--Expenses for which financial assistance
may be provided under this section are the following:
``(A) Tuition and fees charged by the college,
university, or institution of higher education at which
a member is enrolled on a full-time basis.
``(B) The cost of books.
``(C) In the case of a program of education leading
to a baccalaureate degree, laboratory expenses.
``(D) Such other expenses as the Commandant
considers appropriate, which may not exceed $25,000 for
any academic year.
``(4) Time limit.--Financial assistance may be provided to
a member under this section for up to 5 consecutive academic
years.
``(5) Breach of agreement.--
``(A) In general.--The Secretary may retain in the
Coast Guard Reserve, and may order to active duty for
such period of time as the Secretary prescribes (but
not to exceed 4 years), a member who breaches an
agreement under paragraph (2). The period of time for
which a member is ordered to active duty under this
paragraph may be determined without regard to section
651(a) of title 10.
``(B) Appropriate enlisted grade or rating.--A
member who is retained in the Coast Guard Reserve under
subparagraph (A) shall be retained in an appropriate
enlisted grade or rating, as determined by the
Commandant.
``(6) Repayment.--A member who does not fulfill the terms
of the obligation to serve as specified under paragraph (2), or
the alternative obligation imposed under paragraph (5), shall
be subject to the repayment provisions of section 303a(e) of
title 37.
``(d) Briefing.--
``(1) In general.--Not later than August 15 of each year
following the date of the enactment of the Coast Guard
Authorization Act of 2024, the Commandant shall provide a
briefing to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on the Program.
``(2) Contents.--The briefing required under paragraph (1)
shall describe--
``(A) outreach and recruitment efforts over the
previous year; and
``(B) demographic information of enrollees,
including--
``(i) race;
``(ii) ethnicity;
``(iii) gender;
``(iv) geographic origin; and
``(v) educational institution.''.
(b) Repeal.--Section 2131 of title 14, United States Code, is
repealed.
(c) Clerical Amendments.--
(1) The analysis for chapter 21 of title 14, United States
Code, is amended by striking the item relating to section 2131.
(2) The analysis for chapter 37 of title 14, United States
Code, is amended by striking the item relating to section 3710
and inserting the following:
``3710. College student precommissioning initiative.''.
SEC. 163. TUITION ASSISTANCE AND ADVANCED EDUCATION ASSISTANCE PILOT
PROGRAM.
(a) Establishment.--Not later than 120 days after the date of
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating, acting through the Commandant, shall
establish a tuition assistance pilot program for active-duty members of
the Coast Guard, to be known as the ``Tuition Assistance and Advanced
Education Assistance Pilot Program for Sea Duty'' (referred to in this
section as the ``pilot program'').
(b) Formal Agreement.--A member of the Coast Guard participating in
the pilot program shall enter into a formal agreement with the
Secretary of the department in which the Coast Guard is operating that
provides that, upon the successful completion of a sea duty tour by
such member, the Secretary of the department in which the Coast Guard
is operating shall, for a period equal to the length of the sea duty
tour, beginning on the date on which the sea duty tour concludes--
(1) reduce by 1 year the service obligation incurred by
such member as a result of participation in the advanced
education assistance program under section 2005 of title 10,
United States Code, or the tuition assistance program under
section 2007 of such title; and
(2) increase the tuition assistance cost cap for such
member to not more than double the amount of the standard
tuition assistance cost cap set by the Commandant for the
applicable fiscal year.
(c) Report.--Not later than 1 year after the date on which the
pilot program is established, and annually thereafter through the date
on which the pilot program is terminated under subsection (d), 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 that--
(1) evaluates and compares--
(A) the Coast Guard's retention, recruitment, and
filling of sea duty billets for all members of the
Coast Guard; and
(B) the Coast Guard's retention, recruitment, and
filling of sea duty billets for all members of the
Coast Guard participating in the pilot program;
(2) includes the number of participants in the pilot
program as of the date of the report, disaggregated by officer
and enlisted billet type; and
(3) assesses the progress made by such participants in
their respective voluntary education programs, in accordance
with their degree plans, during the period described in
subsection (b).
(d) Termination.--The pilot program shall terminate on the date
that is 6 years after the date on which the pilot program is
established.
SEC. 164. MODIFICATIONS TO CAREER FLEXIBILITY PROGRAM.
Section 2514 of title 14, United States Code, is amended--
(1) in subsection (c)(3) by striking ``2 months'' and
inserting ``30 days''; and
(2) in subsection (h)--
(A) in paragraph (1) by striking ``and'' at the
end;
(B) in paragraph (2) by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(3) the entitlement of the member and of the survivors of
the member to all death benefits under subchapter II of chapter
75 of title 10;
``(4) the provision of all travel and transportation
allowances to family members of a deceased member to attend the
repatriation, burial, or memorial ceremony of a deceased member
as provided in section 453(f) of title 37;
``(5) the eligibility of the member for general benefits as
provided in part II of title 38; and
``(6) in the case of a victim of an alleged sex-related
offense (as such term is defined in section 1044e(h) of title
10) to the maximum extent practicable, maintaining access to--
``(A) Coast Guard behavioral health resources;
``(B) sexual assault prevention and response
resources and programs of the Coast Guard; and
``(C) Coast Guard legal resources, including, to
the extent practicable, special victims' counsel.''.
SEC. 165. RECRUITMENT, RELOCATION, AND RETENTION INCENTIVE PROGRAM FOR
CIVILIAN FIREFIGHTERS EMPLOYED BY COAST GUARD IN REMOTE
LOCATIONS.
(a) Identification of Remote Locations.--The Commandant shall
identify locations to be considered remote locations for purposes of
this section, which shall include, at a minimum, each Coast Guard fire
station located in an area in which members of the Coast Guard and the
dependents of such members are eligible for the TRICARE Prime Remote
program.
(b) Incentive Program.--
(1) In general.--To ensure uninterrupted operations by
civilian firefighters employed by the Coast Guard in remote
locations, the Commandant shall establish an incentive program
for such firefighters consisting of--
(A) recruitment and relocation bonuses consistent
with section 5753 of title 5, United States Code; and
(B) retention bonuses consistent with section 5754
of title 5, United States Code.
(2) Eligibility criteria.--The Commandant, in coordination
with the Director of the Office of Personnel and Management,
shall establish eligibility criteria for the incentive program
established under paragraph (1), which shall include a
requirement that a firefighter described in paragraph (1) may
only be eligible for the incentive program under this section
if, with respect to the applicable remote location, the
Commandant has made a determination that incentives are
appropriate to address an identified recruitment, retention, or
relocation need.
(c) Annual Report.--Not less frequently than annually for the 5-
year period beginning on the date of enactment of this Act, the
Commandant shall submit to the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that--
(1) details the use and effectiveness of the incentive
program established under this section; and
(2) includes--
(A) the number of participants in the incentive
program;
(B) a description of the distribution of incentives
under such program; and
(C) a description of the impact of such program on
civilian firefighter recruitment and retention by the
Coast Guard in remote locations.
SEC. 166. REINSTATEMENT OF TRAINING COURSE ON WORKINGS OF CONGRESS;
COAST GUARD MUSEUM.
(a) In General.--Chapter 3 of title 14, United States Code, is
amended by--
(1) transferring section 316 to appear after section 323
and redesignating such section as section 324; and
(2) inserting after section 315 the following:
``Sec. 316. Training course on workings of Congress
``(a) In General.--The Commandant, and such other individuals and
organizations as the Commandant considers appropriate, shall develop a
training course on the workings of Congress and offer such 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 Congress and the
Federal legislative process, including--
``(1) the history and structure of 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 Congress, including bills,
resolutions, committee reports, and conference reports, and the
purposes and functions of such documents;
``(3) the legislative processes and rules of the House of
Representatives and the Senate, including similarities and
differences between the 2 processes and 2 sets of rules,
including--
``(A) the congressional budget process;
``(B) the congressional authorization and
appropriation processes;
``(C) the Senate advice and consent process for
Presidential nominees; and
``(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 the 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 under this section are experts on
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) Effect of Law.--
``(1) In general.--The training required by this section
shall replace the substantially similar training that was
required by the Commandant on the day before the date of the
enactment of this section.
``(2) Previous training recipients.--A Coast Guard flag
officer or a Coast Guard Senior Executive Service employee who,
not more than 3 years before the date of the enactment of this
section, completed the training that was required by the
Commandant on the day before such date of enactment, shall not
be required to complete the training required by this
section.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 14,
United States Code, is amended--
(1) by striking the item relating to section 316 and
inserting after the item relating to section 323 the following:
``324. Training for congressional affairs personnel.''.
(2) by inserting after the item relating to section 315 the
following:
``316. Training course on workings of Congress.''.
(c) Services and Use of Funds for, and Leasing of, the National
Coast Guard Museum.--Section 324 of title 14, United States Code, as
transferred and redesignated by subsection (a), is amended--
(1) in subsection (b)--
(A) in paragraph (1) by striking ``The Secretary''
and inserting ``Except as provided in paragraph (2),
the Secretary''; and
(B) in paragraph (2) by striking ``on the
engineering and design of a Museum.'' and inserting
``on--''
``(A) the design of the Museum; and
``(B) engineering, construction administration, and
quality assurance services for the Museum.'';
(2) in subsection (e), by amending paragraph (2)(A) to read
as follows:
``(2)(A) for the purpose of conducting Coast Guard
operations, lease from the Association--
``(i) the Museum; and
``(ii) any property owned by the
Association that is adjacent to the railroad
tracks that are adjacent to the property on
which the Museum is located; and''; and
(3) by amending subsection (g) to read as follows:
``(g) Services.--With respect to the services related to the
construction, maintenance, and operation of the Museum, the Commandant
may, from nonprofits entities including the Association,--
``(1) solicit and accept services; and
``(2) enter into contracts or memoranda of agreement to
acquire such services.''.
SEC. 167. MODIFICATION OF DESIGNATION OF VICE ADMIRALS.
(a) In General.--Section 305(a)(1) of title 14, United States Code,
is amended--
(1) in the matter preceding subparagraph (A) by striking
``may'' and inserting ``shall''; and
(2) in subparagraph (A)(ii) by striking ``be the Chief of
Staff of the Coast Guard'' and inserting ``oversee personnel
management, workforce and dependent support, training, and
related matters''.
(b) Reorganization.--Chapter 3 of title 14, United States Code, is
further amended by redesignating sections 312 through 324 as sections
314 through 326, respectively.
(c) Clerical Amendment.--The analysis for chapter 3 of title 14,
United States Code, is further amended by redesignating the items
relating to sections 312 through 324 as relating to sections 314
through 326, respectively.
SEC. 168. COMMANDANT ADVISORY JUDGE ADVOCATE.
(a) In General.--Chapter 3 of title 14, United States Code, is
further amended by inserting after section 311 the following:
``Sec. 312. Commandant Advisory Judge Advocate
``There shall be in the Coast Guard a Commandant Advisory Judge
Advocate who is a judge advocate in a grade of O-6. The Commandant
Advisory Judge Advocate shall be assigned to the staff of the
Commandant in the first regularly scheduled O-6 officer assignment
panel to convene following the date of the enactment of the Coast Guard
Authorization Act of 2024 and perform such duties relating to legal
matters arising in the Coast Guard as such legal matters relate to the
Commandant, as may be assigned.''.
(b) Clerical Amendment .--The analysis for chapter 3 of title 14,
United States Code, is further amended by inserting after the item
relating to section 311 the following item:
``312. Commandant Advisory Judge Advocate.''.
SEC. 169. SPECIAL ADVISOR TO COMMANDANT FOR TRIBAL AND NATIVE HAWAIIAN
AFFAIRS.
(a) In General.--Chapter 3 of title 14, United States Code, is
amended by inserting after section 312 the following:
``Sec. 313. Special Advisor to Commandant for Tribal and Native
Hawaiian Affairs
``(a) In General.--In accordance with Federal trust
responsibilities and treaty obligations, laws, and policies relevant to
Indian Tribes and in support of the principles of self-determination,
self-governance, and co-management with respect to Indian Tribes, and
to support engagement with Native Hawaiians, there shall be in the
Coast Guard a Special Advisor to the Commandant for Tribal and Native
Hawaiian Affairs (in this section referred to as the `Special
Advisor'), who shall--
``(1) be selected by the Secretary and the Commandant
through a competitive search process;
``(2) have expertise in Federal Indian law and policy,
including government-to-government consultation;
``(3) to the maximum extent practicable, have expertise in
legal and policy issues affecting Native Hawaiians; and
``(4) have an established record of distinguished service
and achievement working with Indian Tribes, Tribal
organizations, and Native Hawaiian organizations.
``(b) Career Reserved Position.--The position of Special Advisor
shall be a career reserved position at the GS-15 level or greater.
``(c) Duties.--The Special Advisor shall--
``(1) ensure the Federal Government upholds the Federal
trust responsibility and conducts consistent, meaningful, and
timely government-to-government consultation and engagement
with Indian Tribes, which shall meet or exceed the standards of
the Federal Government and the Coast Guard;
``(2) ensure meaningful and timely engagement with--
``(A) Native Hawaiian organizations; and
``(B) Tribal organizations;
``(3) advise the Commandant on all policies of the Coast
Guard that have Tribal implications in accordance with
applicable law and policy, including Executive orders;
``(4) work to ensure that the policies of the Federal
Government regarding consultation and engagement with Indian
Tribes and engagement with Native Hawaiian organizations and
Tribal organizations are implemented in a meaningful manner,
working through Coast Guard leadership and across the Coast
Guard, together with--
``(A) liaisons located within Coast Guard
districts;
``(B) the Director of Coast Guard Governmental and
Public Affairs; and
``(C) other Coast Guard leadership and programs and
other Federal partners; and
``(5) support Indian Tribes, Native Hawaiian organizations,
and Tribal organizations in all matters under the jurisdiction
of the Coast Guard.
``(d) Direct Access to Secretary and Commandant.--No officer or
employee of the Coast Guard or the Department of Homeland Security may
interfere with the ability of the Special Advisor to give direct and
independent advice to the Secretary and the Commandant on matters
related to this section.
``(e) Definitions.--In this section:
``(1) Indian tribe.--The term `Indian Tribe' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(2) Native hawaiian organization.--The term `Native
Hawaiian organization' has the meaning given such term in
section 6207 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7517) except the term includes the Department
of Hawaiian Home Lands and the Office of Hawaiian Affairs.
``(3) Tribal organization.--The term `Tribal organization'
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 14,
United States Code, is amended by inserting after the item relating to
section 312 the following:
``313. Special Advisor to Commandant for Tribal and Native Hawaiian
Affairs.''.
(c) Briefings.--
(1) Initial briefing.--Not later than 120 days after the
date of enactment of this Act, the Commandant shall brief the
Committee on Commerce, Science, and Transportation and the
Committee on Indian Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on the manner in which the Special Advisor for
Tribal and Native Hawaiian Affairs will be incorporated into
the governance structure of the Coast Guard, including a
timeline for the incorporation that is completed not later than
1 year after the date of enactment of this Act.
(2) Annual briefings on special advisor to the commandant
tor tribal and native hawaiian affairs.--Not later than 1 year
after the date of the establishment of the position of the
Special Advisor to the Commandant for Tribal and Native
Hawaiian Affairs under section 313 of title 14, United States
Code, and annually thereafter for 2 years, the Commandant shall
provide the Committee on Commerce, Science, and Technology and
the Committee on Indian Affairs of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives with a briefing on the duties,
responsibilities, and actions of the Special Advisor to the
Commandant for Tribal and Native Hawaiian Affairs, including
management of best practices.
(3) Briefing on collaboration with tribes on research
consistent with coast guard mission requirements.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Commandant shall
provide the Committee on Commerce, Science, and
Technology and the Committee on Indian Affairs of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives with a
briefing on potential collaborations on and research
and use of indigenous place-based knowledge and
research.
(B) Element.--In providing the briefing under
subparagraph (A), the Commandant shall identify current
and potential future opportunities to improve
coordination with Indian Tribes, Native Hawaiian
organizations, and Tribal organizations to support--
(i) Coast Guard mission needs, such as the
potential for research or knowledge to enhance
maritime domain awareness, including
opportunities through the ADAC-ARCTIC Center of
Excellence of the Department of Homeland
Security; and
(ii) Coast Guard efforts to protect
indigenous place-based knowledge and research.
(4) Definitions.--In this subsection:
(A) Indian tribe.--The term ``Indian Tribe'' has
the meaning given that term in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(B) Native hawaiian organization.--The term
``Native Hawaiian organization'' has the meaning given
such term in section 6207 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7517) except
the term includes the Department of Hawaiian Home Lands
and the Office of Hawaiian Affairs.
(C) Tribal organization.--The term ``Tribal
organization'' has the meaning given the term in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(d) Rule of Construction.--Nothing in this section, or an amendment
made by this section, shall be construed to impact--
(1) the right of any Indian Tribe (as defined in section 4
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304); or
(2) any government-to-government consultation.
(e) Conforming Amendments.--
(1) Section 11237 of the Don Young Coast Guard
Authorization Act of 2022 (Public Law 117-263) is amended--
(A) in subsection (a), by striking ``section 312 of
title 14'' and inserting ``section 315 of title 14'';
and
(B) in subsection (b)(2)(A), by striking ``section
312 of title 14'' and inserting ``section 315 of title
14''.
(2) Section 807(a) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is amended by
striking ``section 313 of title 14'' and inserting ``section
316 of title 14''.
(3) Section 3533(a) of the National Defense Authorization
Act for Fiscal Year 2024 (Public Law 118-31) is amended by
striking ``section 315 of title 14'' and inserting ``section
318 of title 14''.
(4) Section 311(j)(9)(D) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(j)(9)(D)) is amended by striking
``section 323 of title 14'' each place it appears and inserting
``section 325 of title 14'' each such place.
SEC. 170. NOTIFICATION.
(a) In General.--The Commandant shall provide to the appropriate
committees of Congress notification as described in subsection (b)--
(1) not later than the date that is 10 days before the
final day of each fiscal year; or
(2) in the case of a continuing resolution that, for a
period of more than 10 days, provides appropriated funds in
lieu of an appropriations Act, not later than the date that is
10 days before the final day of the period that such continuing
resolution covers.
(b) Elements.--Notification under subsection (a) shall include--
(1) the status of funding for the Coast Guard during the
subsequent fiscal year or at the end of the continuing
resolution if other appropriations measures are not enacted, as
applicable;
(2) the status of the Coast Guard as a component of the
Armed Forces;
(3) the number of members currently serving overseas and
otherwise supporting missions related to title 10, United
States Code;
(4) the fact that members of the Armed Forces have service
requirements unlike those of other Federal employees, which
require them to continue to serve even if unpaid;
(5) the impacts of historical shutdowns of the Federal
Government on members of the Coast Guard; and
(6) other relevant matters, as determined by the
Commandant.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation
of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(4) the Committee on Armed Services of the House of
Representatives.
Subtitle E--Coast Guard Academy
SEC. 171. MODIFICATION OF BOARD OF VISITORS.
Section 1903 of title 14, United States Code, is amended to read as
follows:
``Sec. 1903. Annual Board of Visitors
``(a) In General.--The Commandant shall establish a Board of
Visitors to the Coast Guard Academy 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 chairperson of the Committee on Commerce,
Science, and Transportation of the Senate, or a member
of such Committee designated by such chairperson.
``(B) The chairperson of the Committee on
Transportation and Infrastructure of the House of
Representatives, or a member of such Committee
designated by such chairperson.
``(C) 3 Senators appointed by the Vice President.
``(D) 4 Members of the House of Representatives
appointed by the Speaker of the House of
Representatives.
``(E) 2 Senators appointed by the Vice President,
each of whom shall be selected from among members of
the Committee on Appropriations of the Senate.
``(F) 2 Members of the House of Representatives
appointed by the Speaker of the House of
Representatives, each of whom shall be selected from
among members of the Committee on Appropriations of the
House of Representatives.
``(G) 6 individuals designated by the President.
``(2) Timing of appointments of members.--
``(A) If any member of the Board described in
paragraph (1)(C) is not appointed by the date that is
180 days after the date on which the first session of
each Congress convenes, the chair and ranking member of
the subcommittee of the Committee on Commerce, Science,
and Transportation of the Senate with jurisdiction over
the authorization of appropriations of the Coast Guard
shall be members of the Board until the date on which
the second session of such Congress adjourns sine die.
``(B) If any member of the Board described in
paragraph (1)(D) is not appointed by the date that is
180 days after the date on which the first session of
each Congress convenes, the chair and ranking member of
the subcommittee of the Committee on Transportation and
Infrastructure of the House of Representatives with
jurisdiction over the authorization of appropriations
for the Coast Guard shall be members of the Board until
the date on which the second session of such Congress
adjourns sine die.
``(C) If any member of the Board described in
paragraph (1)(E) is not appointed by the date that is
180 days after the date on which the first session of
each Congress convenes, the chair and ranking member of
the subcommittee of the Committee on Appropriations of
the Senate with jurisdiction over appropriations for
the Coast Guard shall be members of the Board until the
date on which the second session of such Congress
adjourns sine die.
``(D) If any member of the Board described in
paragraph (1)(F) is not appointed by the date that is
180 days after the date on which the first session of
each Congress convenes, the chair and ranking member of
the subcommittee of the Committee on Appropriations of
the House of Representatives with jurisdiction over
appropriations for the Coast Guard shall be members of
the Board until the date on which the second session of
such Congress adjourns sine die.
``(3) Chairperson.--
``(A) In general.--On a biennial basis and subject
to paragraph (4), the Board shall select from among the
members of the Board a Member of Congress to serve as
the Chair of the Board.
``(B) Rotation.--A Member of the House of
Representatives and a Member of the Senate shall
alternately be selected as the Chair of the Board.
``(C) Term.--An individual may not serve as
Chairperson of the Board for consecutive terms.
``(4) Length of service.--
``(A) Members of congress.--A Member of Congress
designated as a member of the Board under paragraph (1)
shall be designated as a member in the first session of
the applicable Congress and shall serve for the
duration of such Congress.
``(B) Individuals designated by the president.--
Each individual designated by the President under
paragraph (1)(G) 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 by the President.
``(C) 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) Duties.--
``(1) Academy visits.--
``(A) Annual visit.--The Commandant shall invite
each member of the Board, and any designee of a member
of the Board, to visit the Coast Guard Academy at least
once annually to review the operation of the Academy.
``(B) Additional visits.--With the approval of the
Secretary, the Board or any members of the Board in
connection with the duties of the Board may--
``(i) make visits to the Academy in
addition to the visits described in
subparagraph (A); or
``(ii) consult with--
``(I) the Superintendent of the
Academy; or
``(II) the faculty, staff, or
cadets of the Academy.
``(C) Access.--The Commandant shall ensure that the
Board or any members of the Board who visits the
Academy under this paragraph is provided reasonable
access to the grounds, facilities, cadets, faculty,
staff, and other personnel of the Academy for the
purpose of carrying out the duties of the Board.
``(2) Oversight review.--In conducting oversight of the
Academy under this section, the Board shall review, with
respect to the Academy--
``(A) the state of morale and discipline, including
with respect to prevention of, response to, and
recovery from sexual assault and sexual harassment;
``(B) recruitment and retention, including
diversity, inclusion, and issues regarding women
specifically;
``(C) the curriculum;
``(D) instruction;
``(E) physical equipment, including infrastructure,
living quarters, and deferred maintenance;
``(F) fiscal affairs; and
``(G) any other matter relating to the Academy the
Board considers appropriate.
``(d) Administrative Matters.--
``(1) Meetings.--
``(A) In general.--Not less frequently than
annually, the Board shall meet at a location chosen by
the Commandant, in consultation with the Board, to
conduct the review required by subsection (c)(2).
``(B) Chairperson and charter.--The Federal officer
designated under subsection (f)(1)(B) shall organize a
meeting of the Board for the purposes of--
``(i) selecting a Chairperson of the Board
under subsection (b)(3);
``(ii) adopting an official charter for the
Board, which shall establish the schedule of
meetings of the Board; and
``(iii) any other matter such designated
Federal officer or the Board considers
appropriate.
``(C) Scheduling.--In scheduling a meeting of the
Board, such designated Federal officer shall
coordinate, to the greatest extent practicable, with
the members of the Board to determine the date and time
of the meeting.
``(D) Notification.--Not less than 30 days before
each scheduled meeting of the Board, such designated
Federal officer shall notify each member of the Board
of the time, date, and location of the meeting.
``(2) Staff.--
``(A) Designation.--The chairperson and the ranking
member of the Committee on Commerce, Science, and
Transportation of the Senate and the chairperson and
the ranking member of the Committee on Transportation
and Infrastructure of the House of Representatives may
each designate 1 staff member of each such Committees.
``(B) Role.--Staff designated under subparagraph
(A)--
``(i) may attend and participate in visits
and carry out consultations described under
subsection (c)(1) and attend and participate in
meetings described under paragraph (1); and
``(ii) may not otherwise carry out duties
or take actions reserved to members of the
Board under this section.
``(3) Advisors.--If approved by the Secretary, the Board
may consult with advisors in carrying out the duties of the
Board under this section.
``(4) Reports.--
``(A) In general.--Not later than 60 days after the
date on which the Board conducts a meeting of the Board
under paragraph (1), the Deputy Commandant for Mission
Support, in consultation with the Board, shall submit a
report on the actions of the Board during the meeting
and the recommendations of the Board pertaining to the
Academy to--
``(i) the Secretary;
``(ii) the Committee on Commerce, Science,
and Transportation and the Committee on Armed
Services of the Senate; and
``(iii) the Committee on Transportation and
Infrastructure and the Committee on Armed
Services of the House of Representatives.
``(B) Publication.--Each report submitted under
this paragraph shall be published on a publicly
accessible website of the Coast Guard.
``(e) Disclosure.--The Commandant and the Superintendent of the
Academy shall ensure candid and complete disclosure to the Board,
consistent with applicable laws relating to disclosure of information,
with respect to--
``(1) each issue described in subsection (c)(2); and
``(2) any other issue the Board or the Commandant considers
appropriate.
``(f) Coast Guard Support.--
``(1) In general.--The Commandant shall--
``(A) provide support to the Board, as Board
considers necessary for the performance of the duties
of the Board;
``(B) designate a Federal officer to support the
performance of the duties of the Board; and
``(C) in cooperation with the Superintendent of the
Academy, advise the Board of any institutional issues,
consistent with applicable laws concerning the
disclosure of information.
``(2) Reimbursement.--Each member of the Board and each
advisor consulted by the Board under subsection (d)(3) 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 advisor.
``(g) Notification.--Not later than 30 days after the date on which
the first session of each Congress convenes, the Commandant shall
provide to the chairperson and ranking member of the Committee on
Commerce, Science, and Transportation of the Senate and the chairperson
and ranking member of the Committee on Transportation and
Infrastructure of the House of Representatives, and the President
notification of the requirements of this section.''.
SEC. 172. STUDY ON COAST GUARD ACADEMY OVERSIGHT.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Commandant, shall enter into an agreement with a
federally funded research and development center with relevant
expertise under which such center shall conduct an assessment of the
oversight and governance of the Coast Guard Academy, including--
(1) examining the--
(A) authorities regarding Coast Guard and
Departmental oversight of the Coast Guard Academy,
including considerations of how these may impact
accreditation review at the academy;
(B) roles and responsibilities of the Board of
Trustees of such Academy;
(C) Coast Guard roles and responsibilities with
respect to management and facilitation of the Board of
Trustees of such Academy;
(D) advisory functions of the Board of Trustees of
such Academy; and
(E) membership of the Board of Trustees for the 10-
year period preceding the date of the enactment of this
Act, to include expertise, objectiveness, and
effectiveness in conducting oversight of such Academy;
and
(2) an analysis of the involvement of the Board of Trustees
during the Operation Fouled Anchor investigation, including to
what extent the Board members were informed, involved, or made
decisions regarding the governance of the academy based on that
investigation.
(b) Report.--Not later than 1 year after the date on which the
Commandant enters into an agreement under subsection (a), the federally
funded research and development center selected under such subsection
shall submit to the Secretary of the department in which the Coast
Guard is operating, the Commandant, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives a report that
contains--
(1) the results of the assessment required under subsection
(a); and
(2) recommendations to improve governance of the Coast
Guard Academy and the Board of Trustees.
SEC. 173. ELECTRONIC LOCKING MECHANISMS TO ENSURE COAST GUARD ACADEMY
CADET ROOM SECURITY.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Commandant, in consultation with the Superintendent of
the Coast Guard Academy (referred to in this section as the
``Superintendent''), shall--
(1) install an electronic locking mechanism for each room
at the Coast Guard Academy within which 1 or more Coast Guard
Academy cadets reside overnight;
(2) test each such mechanism not less than once every 6
months for proper function and maintained in proper working
order; and
(3) use a system that electronically records the date,
time, and identity of each individual who accesses a cadet room
using an electronic access token, code, card, or other
electronic means, which shall be maintained in accordance with
the general schedule for records retention, or a period of five
years, whichever is later.
(b) Electronic Locking Mechanisms.--
(1) In general.--Each electronic locking mechanism
described in subsection (a) shall be coded in a manner that
provides access to a room described in such subsection only
to--
(A) the 1 or more cadets assigned to the room; and
(B) such Coast Guard Academy officers,
administrators, staff, or security personnel, including
personnel of the Coast Guard Investigative Service, as
are necessary to access the room in the event of an
emergency.
(2) Existing mechanisms.--Not later than 30 days after the
date of enactment of this Act, the Superintendent shall ensure
that electronic locking mechanisms installed in academic
buildings of the Coast Guard Academy, Chase Hall common spaces,
and in any other location at the Coast Guard Academy are
maintained in proper working order.
(c) Access Policy Instruction.--Not later than 1 year after the
date of enactment of this Act, the Superintendent shall promulgate a
policy regarding cadet room security policies and procedures, which
shall include, at a minimum--
(1) a prohibition on sharing with any other cadet,
employee, or other individual electronic access tokens, codes,
cards, or other electronic means of accessing a cadet room;
(2) procedures for resetting electronic locking mechanisms
in the event of a lost, stolen, or otherwise compromised
electronic access token, code, card, or other electronic means
of accessing a cadet room;
(3) procedures to maintain the identity of each individual
who accesses a cadet room using an electronic access token,
code, card, or other electronic means, while ensuring the
security of personally identifiable information and protecting
the privacy of any such individual, as appropriate;
(4) procedures by which cadets may report to the chain of
command the malfunction of an electronic locking mechanism; and
(5) a schedule of testing to ensure the proper functioning
of electronic locking mechanisms.
(d) Minimum Training Requirements.--The Superintendent shall ensure
that each Coast Guard Academy cadet receives, not later than 1 day
after the date of the initial arrival of the cadet at the Coast Guard
Academy, an initial training session, and any other training the
Superintendent considers necessary, on--
(1) the use of electronic locking mechanisms installed
under this section; and
(2) the policy promulgated under subsection (c).
SEC. 174. COAST GUARD ACADEMY STUDENT ADVISORY BOARD AND ACCESS TO
TIMELY AND INDEPENDENT WELLNESS SUPPORT SERVICES FOR
CADETS AND CANDIDATES.
(a) In General.--Subchapter I of Chapter 19 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 1907. Coast Guard Academy Student and Women Advisory Board
``(a) Establishment.--The Commandant shall establish within the
Coast Guard Academy an advisory board to be known as the `Coast Guard
Academy Student and Women Advisory Board' (in this section referred to
as the `Advisory Board').
``(b) Membership.--The Advisory Board shall be composed of not
fewer than 12 cadets of the Coast Guard Academy who are enrolled at the
Coast Guard Academy at the time of appointment, including not fewer
than 3 cadets from each class.
``(c) Appointment.--
``(1) In general.--Cadets shall be appointed to the
Advisory Board by the Provost, in consultation with the
Superintendent of the Coast Guard Academy.
``(2) Application.--Cadets who are eligible for appointment
to the Advisory Board shall submit an application for
appointment to the Provost of the Coast Guard Academy, or a
designee of the Provost, for consideration.
``(d) Selection.--The Provost shall select eligible applicants
who--
``(1) are best suited to fulfill the duties described in
subsection (g); and
``(2) best represent the student body makeup at the Coast
Guard Academy.
``(e) Term.--
``(1) In general.--Appointments shall be made not later
than 60 days after the date of the swearing in of a new class
of cadets at the Coast Guard Academy.
``(2) Term.--The term of membership of a cadet on the
Advisory Board shall be 1 academic year.
``(f) Meetings.--The Advisory Board shall meet in person with the
Superintendent not less frequently than twice each academic year to
discuss the activities of the Advisory Board.
``(g) Duties.--The Advisory Board shall--
``(1) identify challenges facing Coast Guard Academy
cadets, including cadets who are women, relating to--
``(A) health and well-being;
``(B) cadet perspectives and information with
respect to sexual assault, sexual harassment and sexual
violence prevention, response, and recovery at the
Coast Guard Academy;
``(C) the culture of, and leadership development
and access to health care for, cadets at the Academy
who are women; and
``(D) any other matter the Advisory Board considers
important;
``(2) discuss and propose possible solutions to such
challenges, including improvements to leadership development at
the Coast Guard Academy; and
``(3) periodically review the efficacy of Coast Guard
Academy academic, wellness, and other relevant programs and
provide recommendations to the Commandant for improvement of
such programs.
``(h) Working Groups.--
``(1) In general.--The Advisory Board shall establish 2
working groups of which--
``(A) 1 working group shall be composed, at least
in part, of Coast Guard Academy cadets who are not
current members of the Advisory Board and members of
the Cadets Against Sexual Assault, or any similar
successor organization, to assist the Advisory Board in
carrying out its duties under subsection (g)(1)(B); and
``(B) 1 working group shall be composed, at least
in part, of Coast Guard Academy cadets who are not
current members of the Advisory Board to assist the
Advisory Board in carrying out its duties under
subsection (g)(1)(C).
``(2) Other working groups.--The Advisory Board may
establish such other working groups (which may be composed, at
least in part, of Coast Guard Academy cadets who are not
current members of the Advisory Board) as the Advisory Board
finds to be necessary to carry out the Board's duties other
than the duties in subparagraphs (B) and (C) of subsection
(g)(1).
``(i) Reporting.--
``(1) Commandant and superintendent.--The Advisory Board
shall regularly submit a report or provide a briefing to the
Commandant and the Superintendent on the results of the
activities carried out in furtherance of the duties of the
Advisory Board under subsection (g), including recommendations
for actions to be taken based on such results, not less than
once per academic semester.
``(2) Annual report.--The Advisory Board shall transmit to
the Commandant, through the Provost and the Superintendent an
annual report at the conclusion of the academic year,
containing the information and materials that were presented to
the Commandant or Superintendent, or both, during the regularly
occurring briefings under paragraph (1).
``(3) Congress.--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 any report or other materials
provided to the Commandant and Superintendent under paragraph
(1) and any other information related to the Advisory requested
by the Committees.''.
(b) Clerical Amendment.--The analysis for chapter 19 of title 14,
United States Code, is amended by inserting after the item relating to
section 1906 the following:
``1907. Coast Guard Academy Student and Women Advisory Board.''.
SEC. 175. REPORT ON EXISTING BEHAVIORAL HEALTH AND WELLNESS SUPPORT
SERVICES FACILITIES AT COAST GUARD ACADEMY.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, 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 existing behavioral health and wellness support services
facilities at the Coast Guard Academy in which Coast Guard Academy
cadets and officer candidates, respectively, may receive timely and
independent behavioral health and wellness support services, including
via telemedicine.
(b) Elements.--The report required under paragraph (1) shall
include--
(1) an identification of each building at the Coast Guard
Academy that contains a dormitory or other overnight
accommodations for cadets or officer candidates; and
(2)(A) an identification of additional behavioral health or
wellness support services that would be beneficial to cadets
and officer candidates, such as additional facilities with
secure access to telemedicine;
(B) a description of the benefits that such
services would provide to cadets and officer
candidates, particularly to cadets and officer
candidates who have experienced sexual assault or
sexual harassment; and
(C) a description of the resources necessary to
provide such services.
SEC. 176. REQUIRED POSTING OF INFORMATION.
The Commandant shall ensure that, in each building at the Coast
Guard Academy that contains a dormitory or other overnight
accommodations for cadets or officer candidates, written information is
posted in a visible location with respect to--
(1) the methods and means by which a cadet or officer
candidate may report a crime, including harassment, sexual
assault, sexual harassment, and any other offense;
(2) the contact information for the Coast Guard
Investigative Service;
(3) external resources for--
(A) wellness support;
(B) work-life;
(C) medical services; and
(D) support relating to behavioral health, civil
rights, sexual assault, and sexual harassment; and
(4) cadet and officer candidate rights with respect to
reporting incidents to the Coast Guard Investigative Service,
civilian authorities, the Office of the Inspector General of
the department in which the Coast Guard is operating, and any
other applicable entity.
SEC. 177. INSTALLATION OF BEHAVIORAL HEALTH AND WELLNESS ROOMS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of the department in which the Coast Guard
is operating shall install or construct at the Coast Guard Academy 2
rooms to be used for the purpose of supporting cadet and officer
candidate behavioral health and wellness.
(b) Standards of Rooms.--Each room installed or constructed under
this section--
(1) shall be--
(A) equipped--
(i) in a manner that ensures the protection
of the privacy of cadets and officer
candidates, consistent with law and policy;
(ii) with a telephone and computer to allow
for the provision of behavioral health and
wellness support or other services; and
(iii) with an accessible and private
wireless internet connection for the use of
personal communications devices at the
discretion of the cadet or officer candidate
concerned; and
(B) to the extent practicable and consistent with
good order and discipline, accessible to cadets and
officer candidates at all times; and
(2) shall contain the written information described in
section 176, which shall be posted in a visible location.
SEC. 178. COAST GUARD ACADEMY ROOM REASSIGNMENT.
Section 1902 of title 14, United States Code, is amended by adding
at the end the following:
``(f) Room Reassignment.--Coast Guard Academy cadets may request
room reassignment if experiencing discomfort due to Coast Guard Academy
rooming assignments, consistent with policy.''.
SEC. 179. AUTHORIZATION FOR USE OF COAST GUARD ACADEMY FACILITIES AND
EQUIPMENT BY COVERED FOUNDATIONS.
(a) In General.--Subchapter I of chapter 19 of title 14, United
States Code, is further amended by adding at the end the following:
``Sec. 1908. Authorization for use of Coast Guard Academy facilities
and equipment by covered foundations
``(a) Authority.--Subject to subsections (b) and (c), the
Secretary, with the concurrence of the Superintendent of the Coast
Guard Academy, may authorize a covered foundation to use, on a
reimbursable or nonreimbursable basis as determined by the Secretary,
facilities or equipment of the Coast Guard Academy.
``(b) Prohibition.--The Secretary may not authorize any use of
facilities or equipment under subsection (a) if such use may jeopardize
the health, safety, or well-being of any member of the Coast Guard or
cadet of the Coast Guard Academy.
``(c) Limitations.--The Secretary may only authorize the use of
facilities or equipment under subsection (a) if such use--
``(1) is without any liability of the United States to the
covered foundation;
``(2) does not--
``(A) affect the ability of any official or
employee of the Coast Guard, or any member of the armed
forces, to carry out any responsibility or duty in a
fair and objective manner;
``(B) compromise the integrity or appearance of
integrity of any program of the Coast Guard, or any
individual involved in any such program; or
``(C) include the participation of any cadet of the
Coast Guard Academy at an event of the covered
foundation, other than participation of such a cadet in
an honor guard;
``(3) complies with any applicable ethics regulation; and
``(4) has been reviewed and approved by an attorney of the
Coast Guard.
``(d) Issuance of Policies.--The Secretary shall issue Coast Guard
policies to carry out this section.
``(e) Briefing.--For any fiscal year in which the Secretary
exercises the authority under subsection (a), not later than the last
day of such fiscal year, the Commandant shall provide a briefing to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives on the number of events or activities of a covered
foundation supported by such exercise of authority during the fiscal
year.
``(f) Covered Foundation Defined.--In this section, the term
`covered foundation' means an organization that--
``(1) is a charitable, educational, or civic nonprofit
organization under section 501(c)(3) of the Internal Revenue
Code of 1986; and
``(2) the Secretary determines operates exclusively to
support--
``(A) recruiting activities with respect to the
Coast Guard Academy;
``(B) parent or alumni development in support of
the Coast Guard Academy;
``(C) academic, leadership, or character
development of Coast Guard Academy cadets;
``(D) institutional development of the Coast Guard
Academy; or
``(E) athletics in support of the Coast Guard
Academy.''.
(b) Clerical Amendment.--The analysis for chapter 19 of title 14,
United States Code, is further amended by inserting after the item
relating to item 1907 the following:
``1908. Authorization for use of Coast Guard Academy facilities and
equipment by covered foundations.''.
SEC. 180. CONCURRENT JURISDICTION AT COAST GUARD ACADEMY.
Notwithstanding any other provision of law, the Secretary of the
department in which the Coast Guard is operating may establish
concurrent jurisdiction between the Federal Government and the State of
Connecticut over the lands constituting the Coast Guard Academy in New
London, Connecticut, as necessary to facilitate the ability of the
State of Connecticut and City of New London to investigate and
prosecute any crimes cognizable under Connecticut law that are
committed on such Coast Guard Academy property.
Subtitle F--Reports
SEC. 181. MARITIME DOMAIN AWARENESS IN COAST GUARD SECTOR FOR PUERTO
RICO AND VIRGIN ISLANDS.
Not later than 270 days after the date of enactment of this Act,
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
containing--
(1) an overview of the maritime domain awareness in the
area of responsibility of the Coast Guard sector responsible
for Puerto Rico and the United States Virgin Islands,
including--
(A) the average volume of known maritime traffic
that transited the area during fiscal years 2020
through 2023;
(B) current sensor platforms deployed by such
sector to monitor illicit activity occurring at sea in
such area;
(C) the number of illicit activity incidents at sea
in such area that the sector responded to during fiscal
years 2020 through 2023;
(D) an estimate of the volume of traffic engaged in
illicit activity at sea in such area and the type and
description of any vessels used to carry out illicit
activities that such sector responded to during fiscal
years 2020 through 2023; and
(E) the maritime domain awareness requirements to
effectively meet the mission of such sector;
(2) a description of current actions taken by the Coast
Guard to partner with Federal, regional, State, and local
entities to meet the maritime domain awareness needs of such
area;
(3) a description of any gaps in maritime domain awareness
within the area of responsibility of such sector resulting from
an inability to meet the enduring maritime domain awareness
requirements of the sector or adequately respond to maritime
disorder;
(4) an identification of current technology and assets the
Coast Guard has to mitigate the gaps identified in paragraph
(3);
(5) an identification of capabilities needed to mitigate
such gaps, including any capabilities the Coast Guard currently
possesses that can be deployed to the sector;
(6) an identification of technology and assets the Coast
Guard does not currently possess and are needed to acquire in
order to address such gaps; and
(7) an identification of any financial obstacles that
prevent the Coast Guard from deploying existing commercially
available sensor technology to address such gaps.
SEC. 182. REPORT ON CONDITION OF MISSOURI RIVER DAYBOARDS.
(a) Provision to Congress.--Not later than 270 days after the date
of enactment of this Act, 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 on the condition of dayboards and the placement of
buoys on the Missouri River.
(b) Elements.--The report under paragraph (1) shall include--
(1) a list of the most recent date on which each dayboard
and buoy was serviced by the Coast Guard;
(2) an overview of the plan of the Coast Guard to
systematically service each dayboard and buoy on the Missouri
River; and
(3) assigned points of contact.
(c) Limitation.--Beginning on the date of enactment of this Act,
the Commandant may not remove the aids to navigation covered in
subsection (a), unless there is an imminent threat to life or safety,
until a period of 180 days has elapsed following the date on which the
Commandant submits the report required under subsection (a).
SEC. 183. STUDY ON COAST GUARD MISSIONS.
(a) Study.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Commandant shall seek to enter into
an agreement with a federally funded research and development
center with relevant expertise under which such center shall
conduct an assessment of the operational capabilities and
ability of the Coast Guard to conduct the primary duties of the
Coast Guard under section 102 of title 14, United States Code,
and missions under section 888 of the Homeland Security Act of
2002 (6 U.S.C. 468).
(2) Elements.--In carrying out the assessment required
under paragraph (1), the federally funded research and
development center selected under such subsection shall, with
respect to the primary duties and missions described in
paragraph (1), include the following:
(A) An analysis of the extent to which the Coast
Guard is able to effectively carry out such duties and
missions.
(B) An analysis of any budgetary, policy, and
manpower factors that may constrain the Coast Guard's
ability to carry out such duties and missions.
(C) An analysis of the impacts to safety, national
security, and the economy, of any shortfalls in the
Coast Guards ability to meet such missions.
(D) Recommendations for the Coast Guard to more
effectively carry out such duties and missions, in
light of manpower and asset constraints.
(E) Identification of any duties and missions that
are being conducted by the Coast Guard on behalf of
other Department of Homeland Security components, the
Department of Defense, and other Federal agencies.
(F) An analysis of the benefits and drawbacks of
the Coast Guard conducting missions on behalf of other
agencies identified in subparagraph (E), including--
(i) the budgetary impact of the duties and
missions identified in such subparagraph;
(ii) data on the degree to which the Coast
Guard is reimbursed for the costs of such
missions; and
(iii) recommendations to minimize the
impact of the missions identified in such
subparagraph to the Coast Guard budget,
including improving reimbursements and budget
autonomy of the Coast Guard.
(b) Assessment to Commandant.--Not later than 1 year after the date
on which Commandant enters into an agreement under section (a), the
federally funded research and development center selected under such
subsection shall submit to the Commandant, the Committee on
Transportation and Infrastructure of the House of Representatives, and
the Committee on Commerce, Science, and Transportation of the Senate
the assessment required under subsection (a).
(c) Report to Congress.--
(1) In general.--Not later than 90 days after receipt of
the assessment under subsection (b), 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 recommendations included in the assessment to
strengthen the ability of the Coast Guard to carry out such
duties and missions.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) The assessment received by the Commandant under
subsection (b).
(B) For each recommendation included in the such
assessment--
(i) an assessment by the Commandant of the
feasibility and advisability of implementing
such recommendation; and
(ii) if the Commandant considers the
implementation of such recommendation feasible
and advisable, a description of the actions
taken, or to be taken, to implement such
recommendation.
SEC. 184. ANNUAL REPORT ON PROGRESS OF CERTAIN HOMEPORTING PROJECTS.
(a) Initial Report.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Commandant shall issue a report
detailing the progress of all approved Coast Guard cutter
homeporting projects within Coast Guard District 17 with
respect to each of the following:
(A) Fast Response Cutters.
(B) Offshore Patrol Cutters.
(C) The commercially available polar icebreaker
procured pursuant to section 11223 of the Don Young
Coast Guard Authorization Act of 2022 (14 U.S.C. 561
note).
(2) Elements.--The report required under paragraph (1)
shall include, with respect to each homeporting project
described in such paragraph, the following:
(A) A description of--
(i) the status of funds appropriated for
the project;
(ii) activities carried out toward
completion of the project; and
(iii) activities anticipated to be carried
out during the subsequent 1-year period to
advance completion of the project.
(B) An updated timeline, including key milestones,
for the project.
(b) Subsequent Reports.--
(1) In general.--Not later than July 1 of the first
calendar year after the year in which the report required under
subsection (a) is submitted, and each July 1 thereafter until
the date specified in paragraph (2), the Commandant shall issue
an updated report containing, with respect to each Coast Guard
cutter homeporting project described in subsection (a)(1)
(including any such project approved on a date after the date
of the enactment of this Act and before the submission of the
applicable report), each element described in subsection
(a)(2).
(2) Date specified.--The date specified in this paragraph
is the earlier of--
(A) July 2, 2031; or
(B) the date on which all projects described in
subsection (a)(1) are completed.
(c) Report on Capacity of Coast Guard Base Ketchikan.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Commandant shall complete a report
detailing the cost of and time frame for expanding the
industrial capacity of Coast Guard Base Ketchikan to do out of
water repairs on Fast Response Cutters.
(2) Report.--Not later than 120 days after the date of
enactment of this Act, 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 the report required under
paragraph (1).
(d) Public Availability.--The Commandant shall publish each report
issued under this section on a publicly accessible website of the Coast
Guard.
(e) Homeporting Project Defined.--In this section, the term
``homeporting project''--
(1) means the facility infrastructure modifications,
upgrades, new construction, and real property and land
acquisition associated with homeporting new or modified
cutters; and
(2) includes shoreside and waterfront facilities, cutter
maintenance facilities, housing, child development facilities,
and any other associated infrastructure directly required as a
result of homeporting new or modified cutters.
SEC. 185. REPORT ON BAY CLASS ICEBREAKING TUG FLEET REPLACEMENT.
Not later than 1 year after the date of enactment of this Act, 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--
(1) a report that describes the strategy of the Coast Guard
with respect to the replacement of the Bay class icebreaking
tug fleet;
(2) in the case of such a strategy that results in the
replacement of the last Bay class icebreaking tug on a date
that is more than 15 years after such date of enactment, a plan
to maintain the operational capabilities of the Bay class
icebreaking tug fleet until the date on which such fleet is
projected to be replaced; and
(3) in the case of such a plan that does not include the
replacement of the main propulsion engines and marine gear
components of the Bay class icebreaking tug fleet, an
assessment of the manner in which not replacing such engines
and gear components will effect the future operational
availability of such fleet.
SEC. 186. FEASIBILITY STUDY ON SUPPORTING ADDITIONAL PORT VISITS AND
DEPLOYMENTS IN SUPPORT OF OPERATION BLUE PACIFIC.
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
when not operating as a service in the Navy, in consultation with the
Secretary of Defense, shall--
(1) complete a study on the feasibility and advisability of
supporting additional Coast Guard port visits and deployments
in support of Operation Blue Pacific, or any successor
operation oriented toward Oceania; and
(2) submit to the Committee on Armed Services and the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the findings of such study.
SEC. 187. STUDY AND GAP ANALYSIS WITH RESPECT TO COAST GUARD AIR
STATION CORPUS CHRISTI AVIATION HANGAR.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall commence a study and gap
analysis with respect to the aviation hangar at Coast Guard Air Station
Corpus Christi and the capacity of such hangar to accommodate the
aircraft currently assigned to Coast Guard Air Station Corpus Christi
and any aircraft anticipated to be so assigned in the future.
(b) Elements.--The study and gap analysis required by subsection
(a) shall include the following:
(1) An identification of hangar infrastructure requirements
needed--
(A) to meet mission requirements for all aircraft
currently assigned to Coast Guard Air Station Corpus
Christi; and
(B) to accommodate the assignment of an additional
HC-144 Ocean Sentry aircraft to Coast Guard Air Station
Corpus Christi.
(2) An assessment as to whether the aviation hangar at
Coast Guard Air Station Corpus Christi is sufficient to
accommodate all rotary-wing assets assigned to Coast Guard Air
Station Corpus Christi.
(3) In the case of an assessment that such hangar is
insufficient to accommodate all such rotary-wing assets, a
description of the facility modifications that would be
required to do so.
(4) An assessment of the facility modifications of such
hangar that would be required to accommodate all aircraft
assigned to Coast Guard Air Station Corpus Christi upon
completion of the transition from the MH-65 rotary-wing
aircraft to the MH-60T rotary-wing aircraft.
(5) An evaluation with respect to which fixed-wing assets
assigned to Coast Guard Air Station Corpus Christi should be
enclosed in such hangar so as to most effectively mitigate the
effects of corrosion while meeting mission requirements.
(6) An evaluation as to whether, and to what extent, the
storage of fixed-wing assets outside such hangar would
compromise the material condition and safety of such assets.
(7) An evaluation of the extent to which any material
condition and safety issue identified under paragraph (6) may
be mitigated through the use of gust locks, chocks, tie-downs,
or related equipment.
(c) Report.--Not later than 1 year after the commencement of the
study and gap analysis required under subsection (a), 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 results of the study and
gap analysis.
SEC. 188. REPORT ON IMPACTS OF JOINT TRAVEL REGULATIONS ON MEMBERS OF
COAST GUARD WHO RELY ON FERRY SYSTEMS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant, in coordination with the Under
Secretary of Defense for Personnel and Readiness, shall submit to the
appropriate committees of Congress a report on the impacts of the Joint
Travel Regulations on members of the Coast Guard who are commuting, on
permanent change of station travel, or on other official travel to or
from locations served by ferry systems.
(b) Elements.--The report required under subsection (a) shall
include an analysis of the impacts on such members of the Coast Guard
of the following policies under the Joint Travel Regulations:
(1) The one-vehicle shipping policy.
(2) The unavailability of reimbursement of costs incurred
by such members due to ferry schedule unavailability, sailing
cancellations, and other sailing delays during commuting,
permanent change of station travel, or other official travel.
(3) The unavailability of local infrastructure to support
vehicles or goods shipped to duty stations in locations outside
the contiguous United States that are not connected by the road
system, including locations served by the Alaska Marine Highway
System.
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the
Committee on Commerce, Science, and Transportation of
the Senate; and
(B) the Committee on Armed Services and the
Subcommittee on Coast Guard and Maritime Transportation
of the Committee on Transportation and Infrastructure
of the House of Representatives.
(2) Joint travel regulations.--The term ``Joint Travel
Regulations'', with respect to official travel, means the
terms, rates, conditions, and regulations maintained under
section 464 of title 37, United States Code.
SEC. 189. REPORT ON JUNIOR RESERVE OFFICERS' TRAINING CORPS PROGRAM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, 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 Junior Reserve Officers' Training Corps program.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) A description of the standards and criteria prescribed
by the Coast Guard for educational institution participation in
the Coast Guard Junior Reserve Officers' Training Corps
program.
(2) With respect to each educational institution offering a
Coast Guard Junior Reserve Officers' Training Corps program--
(A) a description of--
(i) the training and course of military
instruction provided to students;
(ii) the facilities and drill areas used
for the program;
(iii) the type and amount of Coast Guard
Junior Reserve Officers' Training Corps program
resources provided by the Coast Guard;
(iv) the type and amount of Coast Guard
Junior Reserve Officers' Training Corps program
resources provided by the educational
institution; and
(v) any other matter relating to program
requirements the Commandant considers
appropriate;
(B) an assessment as to whether the educational
institution is located in an educationally and
economically deprived area (as described in section
2031 of title 10, United States Code);
(C) beginning with the year in which the program
was established at the educational institution, the
number of students who have participated in the
program, disaggregated by gender, race, and grade of
student participants; and
(D) an assessment of the participants in the
program, including--
(i) the performance of the participants in
the program;
(ii) the number of participants in the
program who express an intent to pursue a
commission or enlistment in the Coast Guard;
and
(iii) a description of any other factor or
matter considered by the Commandant to be
important in assessing the success of program
participants at the educational institution.
(3) With respect to any unit of the Coast Guard Junior
Reserve Officers' Training Corps suspended or placed on
probation pursuant to section 2031(h) of title 10, United
States Code--
(A) a description of the unit;
(B) the reason for such suspension or placement on
probation;
(C) the year the unit was so suspended or placed on
probation; and
(D) with respect to any unit that was reinstated
after previously being suspended or placed on
probation, a justification for the reinstatement of
such unit.
(4) A description of the resources and personnel required
to maintain, implement, and provide oversight for the Coast
Guard Junior Reserve Officers' Training Corps program at each
participating educational institution and within the Coast
Guard, including the funding provided to each such educational
institution, disaggregated by educational institution and year.
(5) A recommendation with respect to--
(A) whether the number of educational institutions
participating in the Coast Guard Junior Reserve
Officers' Training Corps program should be increased;
and
(B) in the case of a recommendation that such
number should be increased, additional recommendations
relating to such an increase, including--
(i) the number of additional educational
institutions that should be included in the
program;
(ii) the locations of such institutions;
(iii) any additional authorities or
resources necessary for such an increase; and
(iv) any other matter the Commandant
considers appropriate.
(6) Any other matter the Commandant considers necessary in
order to provide a full assessment of the effectiveness of the
Coast Guard Junior Reserve Officers' Training Corps program.
SEC. 190. REPORTS ON UNITED STATES COLLABORATION WITH SHIPYARDS OF
CANADA AND FINLAND.
(a) Commandant Report on Icebreaker Collaboration Effort.--Not
later than 1 year after the date of the enactment of this Act, 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 that analyzes
the shipyards of Canada and Finland to assess future opportunities for
collaboration on the construction of Coast Guard polar icebreakers,
including the expansion of data and information sharing, workforce
development, operational testing and evaluation, and other mechanisms
that could support the Coast Guard in fulfilling its future mission
needs in the Arctic and Antarctic, consistent with United States law.
(b) Comptroller General Study and Report on International
Collaboration on Shipbuilding and Workforce Development.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on the manner in which the Coast Guard
could use expertise available at shipyards located in Canada
and Finland for the purpose of polar icebreaker design and
construction in the United States.
(2) Elements.--The study required by paragraph (1) shall
consider the following:
(A) Best practices and methods for enhanced
information exchange among the United States, Canada,
and Finland regarding manufacturing processes for polar
shipbuilding.
(B) Best practices for international collaboration
on workforce development and training.
(C) Other best practices applicable to the goals of
the Icebreaker Collaboration Effort trilateral
partnership.
(3) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committee on Commerce, Science, and Transportation and the
Committee on Foreign Relations of the Senate and the Committee
on Transportation and Infrastructure and the Committee on
Foreign Affairs of the House of Representatives a report on the
results of the study conducted under paragraph (1).
(4) Savings clause.--Nothing in this section shall be
construed as waiving the requirements of section 1151 of title
14, United States Code.
TITLE II--SHIPPING AND NAVIGATION
Subtitle A--Merchant Mariner Credentials
SEC. 201. MERCHANT MARINER CREDENTIALING.
(a) Revising Merchant Mariner Deck Training Requirements.--
(1) General definitions.--Section 2101 of title 46, United
States Code, is amended--
(A) by redesignating paragraphs (20) through (56)
as paragraphs (21), (22), (24), (25), (26), (27), (28),
(29), (30), (31), (32), (33), (34), (35), (36), (37),
(38), (39), (40), (41), (42), (43), (44), (45), (46),
(47), (48), (49), (50), (51), (52), (53), (54), (55),
(56), (57), and (58), respectively; and
(B) by inserting after paragraph (19) the
following:
``(20) `merchant mariner credential' means a merchant
mariner license, certificate, or document that the Secretary is
authorized to issue pursuant to this title.''; and
(C) by inserting after paragraph (22), as so
redesignated, the following:
``(23) `nautical school program' means a program that--
``(A) offers a comprehensive program of training
that includes substantial sea service on nautical
school vessels or merchant vessels of the United States
primarily to train individuals for service in the
merchant marine; and
``(B) is approved by the Secretary for purposes of
section 7315, in accordance with regulations
promulgated by the Secretary.''.
(2) Examinations.--Section 7116 of title 46, United States
Code, is amended by striking subsection (c).
(3) Merchant mariners documents.--
(A) General requirements.--Section 7306 of title
46, United States Code, is amended to read as follows:
``Sec. 7306. General requirements and classifications for members of
deck departments
``(a) In General.--The Secretary may issue a merchant mariner
credential, to members of the deck department in the following classes:
``(1) Able Seaman-Unlimited.
``(2) Able Seaman-Limited.
``(3) Able Seaman-Special.
``(4) Able Seaman-Offshore Supply Vessels.
``(5) Able Seaman-Sail.
``(6) Able Seaman-Fishing Industry.
``(7) Ordinary Seaman.
``(b) Classification of Credentials.--The Secretary may classify
the merchant mariner credential issued under subsection (a) based on--
``(1) the tonnage and means of propulsion of vessels;
``(2) the waters on which vessels are to be operated; or
``(3) other appropriate standards.
``(c) Qualifications.--To qualify for a credential under this
section, an applicant shall provide satisfactory proof that the
applicant--
``(1) is at least 18 years of age;
``(2) has the service required by the applicable section of
this part;
``(3) is qualified professionally as demonstrated by an
applicable examination or educational requirements;
``(4) is qualified as to sight, hearing, and physical
condition to perform the seafarer's duties; and
``(5) has satisfied any additional requirements established
by the Secretary, including career patterns and service
appropriate to the particular service, industry, or job
functions the individual is engaged.''.
(B) Implementation.--The Secretary of the
department in which the Coast Guard is operating shall
implement the requirements under subsection (c) of
section 7306 of title 46, United States Code (as
amended by this section), without regard to chapters 5
and 6 of title 5, United States Code, and Executive
Orders 12866 and 13563 (5 U.S.C. 601 note).
(C) Clerical amendment.--The analysis for chapter
73 of title 46, United States Code, is amended by
striking the item relating to section 7306 and
inserting the following:
``7306. General requirements and classifications for members of deck
departments.''.
(b) General Requirements for Members of Engine Departments.--
(1) In general.--Section 7313 of title 46, United States
Code, is amended--
(A) in subsection (b) by striking ``and coal
passer''; and
(B) by striking subsection (c) and inserting the
following:
``(c) Classification of Credentials.--The Secretary may classify
the merchant mariner credential issued under subsection (a) based on--
``(1) the tonnage and means of propulsion of vessels;
``(2) the waters on which vessels are to be operated; or
``(3) other appropriate standards.
``(d) Qualifications.--To qualify for an credential under this
section, an applicant shall provide satisfactory proof that the
applicant--
``(1) is at least 18 years of age;
``(2) has a minimum of 6-months service in the related
entry rating;
``(3) is qualified professionally as demonstrated by an
applicable examination or educational requirements; and
``(4) is qualified as to sight, hearing, and physical
condition to perform the member's duties.''.
(2) Repeal.--Section 7314 of title 46, United States Code,
and the item relating to such section in the analysis for
chapter 73 of such title, are repealed.
(c) Training.--
(1) In general.--Section 7315 of title 46, United States
Code, is amended to read as follows:
``Sec. 7315. Training
``(a) Nautical School Program.--Graduation from a nautical school
program may be substituted for the sea service requirements under
sections 7307 through 7311a and 7313 of this title.
``(b) Other Approved Training Programs.--The satisfactory
completion of a training program approved by the Secretary may be
substituted for not more than one-half of the sea service requirements
under sections 7307 through 7311a and 7313 of this title in accordance
with subsection (c).
``(c) Training Days.--For purposes of subsection (b), training days
undertaken in connection with training programs approved by the
Secretary may be substituted for days of required sea service under
sections 7307 through 7311a and 7313 of this title as follows:
``(1) Each shore-based training day in the form of
classroom lectures may be substituted for 2 days of sea service
requirements.
``(2) Each training day of laboratory training, practical
demonstrations, and other similar training, may be substituted
for 4 days of sea service requirements.
``(3) Each training day of full mission simulator training
may be substituted for 6 days of sea service requirements.
``(4) Each training day underway on a vessel while enrolled
in an approved training program may be substituted for 1\1/2\
days of sea service requirements, as long as--
``(A) the structured training provided while
underway on a vessel is--
``(i) acceptable to the Secretary as part
of the approved training program; and
``(ii) fully completed by the individual;
and
``(B) the tonnage of such vessel is appropriate to
the endorsement being sought.
``(d) Definition.--In this section, the term `training day' means a
day that consists of not less than 7 hours of training.''.
(2) Implementation.--The Secretary of the department in
which the Coast Guard is operating shall implement the
requirements of section 7315 of title 46, United States Code,
as amended by this subsection, without regard to chapters 5 and
6 of title 5, United States Code, and Executive Orders 12866
and 13563 (5 U.S.C. 601 note) and 14094 (88 Fed. Reg. 21879).
(3) Technical and conforming amendments.--
(A) Title 46.--Title 46, United States Code, is
amended--
(i) in section 2113(3) by striking
``section 2101(53)(A)'' and inserting ``section
2101(55)(A)'';
(ii) in section 3202(a)(1)(A) by striking
``section 2101(29)(A)'' and inserting ``section
2101(31)(A)'';
(iii) in section 3507(k)(1) by striking
``section 2101(31)'' and inserting ``section
2101(33)'';
(iv) in section 4105(d) by striking
``section 2101(53)(A)'' and inserting ``section
2101(55)(A)'';
(v) in section 12119(a)(3) by striking
``section 2101(26)'' and inserting ``section
2101(28)''; and
(vi) in section 51706(c)(6)(C)(ii) by
striking ``section 2101(24)'' and inserting
``section 2101(26)''.
(B) Other laws.--
(i) Section 3(3) of the Magnuson-Stevens
Fishery Conservation and Management Act (16
U.S.C. 1802(3)) is amended by striking
``2101(30) of title 46'' and inserting ``2101
of title 46''.
(ii) Section 1992(d)(7) of title 18, United
States Code, is amended by striking ``section
2101(31) of title 46'' and inserting ``section
2101 of title 46''.
(iii) Section 311(a)(26)(D) of the Federal
Water Pollution Control Act (33 U.S.C.
1321(a)(26)(D)) is amended by striking
``section 2101(23)'' and inserting ``section
2101''.
(iv) Section 1101 of title 49, United
States Code, is amended by striking ``Section
2101(23)'' and inserting ``Section 2101(24)''.
(d) Amendments.--
(1) Merchant mariner credentials.--The heading for part E
of subtitle II of title 46, United States Code, is amended by
striking ``merchant seamen licenses, certificates, and
documents'' and inserting ``merchant mariner credentials''.
(2) Able seafarers--unlimited.--
(A) In general.--The section heading for section
7307 of title 46, United States Code, is amended by
striking ``seamen'' and inserting ``seafarers''.
(B) Reduction of length of certain period of
service.--Section 7307 of title 46, United States Code,
is amended by striking ``3 years'' and inserting ``18
months''.
(C) Clerical amendment.--The analysis for chapter
73 of title 46, United States Code, is further amended
in the item relating to section 7307 by striking
``seamen'' and inserting ``seafarers''.
(3) Able seamen--limited.--
(A) In general.--The section heading for section
7308 of title 46, United States Code, is amended by
striking ``seamen'' and inserting ``seafarers''.
(B) Reduction of length of certain period of
service.--Section 7308 of title 46, United States Code,
is amended by striking ``18 months'' and inserting ``12
months''.
(C) Clerical amendment.--The analysis for chapter
73 of title 46, United States Code, is further amended
in the item relating to section 7308 by striking
``seamen'' and inserting ``seafarers''.
(4) Able seafarers--special.--
(A) In general.--The section heading for section
7309 of title 46, United States Code, is amended by
striking ``seamen'' and inserting ``seafarers''.
(B) Reduction of length of certain period of
service.--Section 7309 of title 46, United States Code,
is amended by striking ``12 months'' and inserting ``6
months''.
(C) Clerical amendment.--The analysis for chapter
73 of title 46, United States Code, is further amended
in the item relating to section 7309 by striking
``seamen'' and inserting ``seafarers''.
(5) Able seafarers--offshore supply vessels.--
(A) In general.--The section heading for section
7310 of title 46, United States Code, is amended by
striking ``seamen'' and inserting ``seafarers''.
(B) Clerical amendment.--The analysis for chapter
73 of title 46, United States Code, is further amended
in the item relating to section 7310 by striking
``seamen'' and inserting ``seafarers''.
(6) Able seafarers--sail.--
(A) In general.--The section heading for section
7311 of title 46, United States Code, is amended by
striking ``seamen'' and inserting ``seafarers''.
(B) Clerical amendment.--The analysis for chapter
73 of title 46, United States Code, is further amended
in the item relating to section 7311 by striking
``seamen'' and inserting ``seafarers''.
(7) Able seamen--fishing industry.--
(A) In general.--The section heading for section
7311a of title 46, United States Code, is amended by
striking ``seamen'' and inserting ``seafarers''.
(B) Clerical amendment.--The analysis for chapter
73 of title 46, United States Code, is further amended
in the item relating to section 7311a by striking
``seamen'' and inserting ``seafarers''.
(8) Parts e and f.--Parts E and F of subtitle II of title
46, United States Code, is amended--
(A) by striking ``seaman'' and inserting
``seafarer'' each place it appears; and
(B) by striking ``seamen'' and inserting
``seafarers'' each place it appears.
(9) Clerical amendments.--The analysis for subtitle II of
title 46, United States Code, is amended in the item relating
to part E by striking ``merchant seamen licenses, certificates,
and documents'' and inserting ``merchant mariner credentials''.
(10) Temporary reduction of lengths of certain periods of
service.--Section 3534(j) of the National Defense Authorization
Act for Fiscal Year 2024 (Public Law 118-31) is repealed.
(11) Merchant mariner credentials.--Section 7510 of title
46, United States Code, is amended by striking subsection (d).
(e) Renewal of Merchant Mariner Licenses and Documents.--Section
7507 of title 46, United States Code, is amended by adding at the end
the following:
``(d) Renewal.--With respect to any renewal of an active merchant
mariner credential issued under this part that is not an extension
under subsection (a) or (b), such credential shall begin the day after
the expiration of the active credential of the credential holder.''.
(f) Merchant Seamen Licenses, Certificates, and Documents; Manning
of Vessels.--
(1) Citizenship or noncitizen nationality.--
(A) In general.--Section 7102 of title 46, United
States Code, is amended--
(i) in the section heading by inserting
``or noncitizen nationality'' after
``Citizenship''; and
(ii) by inserting ``or noncitizen nationals
(as such term is described in section 308 of
the Immigration and Nationality Act (8 U.S.C.
1408))'' after ``citizens''.
(B) Clerical amendment.--The analysis for chapter
71 of title 46, United States Code, is amended by
striking the item relating to section 7102 and
inserting the following:
``7102. Citizenship or noncitizen nationality.''.
(2) Citizenship or noncitizen nationality notation on
merchant mariners' documents.--
(A) In general.--Section 7304 of title 46, United
States Code, is amended--
(i) in the section heading by inserting
``or noncitizen nationality'' after
``Citizenship''; and
(ii) by inserting ``or noncitizen national
(as such term is described in section 308 of
the Immigration and Nationality Act (8 U.S.C.
1408))'' after ``citizen''.
(B) Clerical amendment.--The analysis for chapter
73 of title 46, United States Code, is amended by
striking the item relating to section 7304 and
inserting the following:
``7304. Citizenship or noncitizen nationality notation on merchant
mariners' documents.''.
(3) Citizenship or noncitizen nationality.--
(A) In general.--Section 8103 of title 46, United
States Code, is amended--
(i) in the section heading by inserting
``or noncitizen nationality'' after
``Citizenship'';
(ii) in subsection (a) by inserting ``or
noncitizen national'' after ``citizen'';
(iii) in subsection (b)--
(I) in paragraph (1)(A)(i) by
inserting ``or noncitizen national''
after ``citizen'';
(II) in paragraph (3) by inserting
``or noncitizen nationality'' after
``citizenship''; and
(III) in paragraph (3)(C) by
inserting ``or noncitizen nationals''
after ``citizens'';
(iv) in subsection (c) by inserting ``or
noncitizen nationals'' after ``citizens'';
(v) in subsection (d)--
(I) in paragraph (1) by inserting
``or noncitizen nationals'' after
``citizens''; and
(II) in paragraph (2) by inserting
``or noncitizen national'' after
``citizen'' each place it appears;
(vi) in subsection (e) by inserting ``or
noncitizen national'' after ``citizen'' each
place it appears;
(vii) in subsection (i)(1)(A) by inserting
``or noncitizen national'' after ``citizen'';
(viii) in subsection (k)(1)(A) by inserting
``or noncitizen national'' after ``citizen'';
and
(ix) by adding at the end the following:
``(l) Noncitizen National Defined.--In this section, the term
`noncitizen national' means an individual described in section 308 of
the Immigration and Nationality Act (8 U.S.C. 1408).''.
(B) Clerical amendment.--The analysis for chapter
81 of title 46, United States Code, is amended by
striking the item relating to section 8103 and
inserting the following:
``8103. Citizenship or noncitizen nationality and Navy Reserve
requirements.''.
(4) Command of documented vessels.--Section 12131(a) of
title 46, United States Code, is amended by inserting ``or
noncitizen national (as such term is described in section 308
of the Immigration and Nationality Act (8 U.S.C. 1408))'' after
``citizen''.
(5) Invalidation of certificates of documentation.--Section
12135(2) of title 46, United States Code, is amended by
inserting ``or noncitizen national (as such term is described
in section 308 of the Immigration and Nationality Act (8 U.S.C.
1408))'' after ``citizen''.
SEC. 202. NONOPERATING INDIVIDUAL.
Section 8313(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended
by striking ``2025'' and inserting ``2027''.
SEC. 203. MERCHANT MARINER LICENSING AND DOCUMENTATION SYSTEM
REQUIREMENTS.
(a) In General.--Chapter 75 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 7512. Requirements of electronic merchant mariner credentialing
system
``(a) Definition of Merchant Mariner Credential.--In this section,
the term `merchant mariner credential' means a merchant mariner
license, certificate, or document that the Secretary is authorized to
issue pursuant to this title.
``(b) Necessary Considerations.--In implementing any electronic
merchant mariner credentialing system for purposes of this chapter, the
Secretary shall consider how to allow, to the maximum extent
practicable--
``(1) the electronic submission of the components of
merchant mariner credential applications (such as sea service
documentation, professional qualifications, course completion
certificates, safety and suitability documents, and medical
records) and course approval requests;
``(2) the direct electronic and secure submission of--
``(A) sea service verification documentation from
employers;
``(B) course completion certificates from training
providers; and
``(C) necessary documentation from other
stakeholders; and
``(3) the electronic processing and evaluation of
information for the issuance of merchant mariner credentials
and course approvals, including the capability for the
Secretary to complete remote evaluation of information
submitted through the system.
``(c) Access to Data.--The Secretary shall ensure that the Maritime
Administration and other Federal agencies, as authorized by the
Secretary, have access to anonymized and aggregated data from the
electronic system described in subsection (b) and that such data
include, at a minimum--
``(1) the total amount of sea service for individuals with
a valid merchant mariner credential;
``(2) the number of mariners with valid merchant mariner
credentials for each rating, including the capability to filter
data based on credential endorsements;
``(3) demographic information including age, gender, and
region or address;
``(4) the estimated times for the Coast Guard to process
merchant mariner credential applications, mariner medical
certificates, and course approvals;
``(5) the number of providers approved to provide training
for purposes of this part and, for each such training provider,
the number of classes taken by individuals with, or applying
for, a merchant mariner credential; and
``(6) if applicable, the branch of the uniformed services
(as defined in section 101(a) of title 10) and duty status of
applicants for a merchant mariner credential.
``(d) Privacy Requirements.--The Secretary shall collect the
information required under subsection (b) in a manner that protects the
privacy rights of individuals who are the subjects of such
information.''.
(b) Clerical Amendment.--The analysis for chapter 75 of title 46,
United States Code, is amended by adding at the end the following:
``7512. Requirements of electronic merchant mariner credentialing
system.''.
Subtitle B--Vessel Safety
SEC. 211. GROSSLY NEGLIGENT OPERATIONS OF A VESSEL.
Section 2302(b) of title 46, United States Code, is amended to read
as follows:
``(b) Grossly Negligent Operation.--
``(1) Misdemeanor.--A person operating a vessel in a
grossly negligent manner that endangers the life, limb, or
property of a person commits a class A misdemeanor.
``(2) Felony.--A person operating a vessel in a grossly
negligent manner that results in serious bodily injury, as
defined in section 1365(h)(3) of title 18--
``(A) commits a class E felony; and
``(B) may be assessed a civil penalty of not more
than $35,000.''.
SEC. 212. ADMINISTRATIVE PROCEDURE FOR SECURITY RISKS.
(a) Security Risk.--Section 7702(d)(1) of title 46, United States
Code, is amended--
(1) in subparagraph (B) by redesignating clauses (i)
through (iv) as subclauses (I) through (IV), respectively (and
by conforming the margins accordingly);
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively (and by conforming the margins
accordingly);
(3) by striking ``an individual if--'' and inserting the
following: ``an individual--
``(A) if--'';
(4) in subparagraph (A)(ii)(IV), as so redesignated, by
striking the period at the end and inserting ``; or''; and
(5) by adding at the end the following:
``(B) if there is probable cause to believe that the
individual has violated company policy and is a security risk
that poses a threat to other individuals on the vessel.''.
(b) Technical Amendment.--Section 2101(47)(B) of title 46, United
States Code (as so redesignated), is amended by striking ``; and'' and
inserting ``; or''.
SEC. 213. STUDY OF AMPHIBIOUS VESSELS.
(a) In General.--The Commandant shall conduct a study to determine
the applicability of current safety regulations that apply to
commercial amphibious vessels.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An overview and analysis that identifies safety
regulations that apply to commercial amphibious vessels;
(2) An evaluation of whether safety gaps and risks exist
associated with the application of regulations identified in
subsection (b)(1) to the operation of commercial amphibious
vessels;
(3) An evaluation of whether aspects of the regulations
established in section 11502 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (46 U.S.C. 3306
note) should apply to amphibious commercial vessels; and
(4) Recommendations on whether potential regulations that
should apply to commercial amphibious vessels.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, 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 containing the findings, conclusions, and recommendations from
the study required under subsection (a).
(d) Definition of Amphibious Vessel.--In this section, the term
``amphibious vessel'' means a vessel which is operating as a small
passenger vessel in waters subject to the jurisdiction of the United
States, as defined in section 2.38 of title 33, Code of Federal
Regulations (or a successor regulation) and is operating as a motor
vehicle as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)
that is not a DUKW amphibious passenger vessel as defined in section
11502 of the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (46 U.S.C. 3306 note).
SEC. 214. PERFORMANCE DRIVEN EXAMINATION SCHEDULE.
(a) Amendments.--Section 3714 of title 46, United States Code, is
amended--
(1) in subsection (a)(1) by striking ``The Secretary'' and
inserting ``Except as provided in subsection (c), the
Secretary'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Performance-Driven Examination Schedule.--
``(1) In general.--With respect to examinations of foreign
vessels to which this chapter applies, and subject to paragraph
(3), the Secretary may adopt a performance-driven examination
schedule to which such vessels are to be examined and the
frequency with which such examinations occur, including the
frequency of examinations for each vessel. Such schedule shall
be consistent with the Secretary's assessment of the safety
performance of such vessels, including each vessel
participating in the performance-driven examination schedule,
in accordance with paragraph (2).
``(2) Considerations.--In developing an examination
schedule under paragraph (1) and subject to paragraph (3), with
respect to each vessel in determining eligibility to
participate in the performance-based examination schedule--
``(A) the Secretary shall consider--
``(i) certificate of compliance and
examination history, to include those conducted
by foreign countries;
``(ii) history of violations, vessel
detentions, incidents, and casualties;
``(iii) history of notices of violation
issued by the Coast Guard;
``(iv) safety related information provided
by the flag state of the vessel;
``(v) owner and operator history;
``(vi) historical classification society
data, which may include relevant surveys;
``(vii) cargo-specific documentation;
``(viii) data from port state control
safety exams; and
``(ix) relevant repair and maintenance
history; and
``(B) the Secretary may consider--
``(i) data from relevant vessel quality
assurance and risk assessment programs
including Quality Shipping for the 21st Century
(QUALSHIP 21);
``(ii) data from industry inspection
regimes;
``(iii) data from vessel self assessments
submitted to the International Maritime
Organization or other maritime organizations;
and
``(iv) other safety relevant data or
information as determined by the Secretary.
``(3) Eligibility.--In developing an examination schedule
under paragraph (1), the Secretary shall not consider a vessel
eligible to take part in a performance-driven examination
schedule under paragraph (1) if, within the last 36 months, the
vessel has--
``(A) been detained by the Coast Guard;
``(B) a record of a violation issued by the Coast
Guard against the owners or operators with a finding of
proved; or
``(C) suffered a marine casualty that, as
determined by the Secretary, involves the safe
operation of the vessel and overall performance of the
vessel.
``(4) Restrictions.--The Secretary may not adopt a
performance-driven examination schedule under paragraph (1)
until the Secretary has--
``(A) conducted the assessment recommended in the
Government Accountability Office report submitted under
section 8254(a) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283);
``(B) concluded through such assessment that a
performance-driven examination schedule provides not
less than the level of safety provided by the annual
examinations required under subsection (a)(1); and
``(C) provided the results of such assessment to
the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.''.
(b) Career Incentive Pay for Marine Inspectors.--Subsection (a) of
section 11237 of the James M. Inhofe National Defense Authorization Act
for Fiscal Year 2023 (Public Law 117-263) is amended as follows:
``(a) Authority To Provide Assignment Pay or Special Duty Pay.--For
the purposes of addressing an identified shortage of marine inspectors,
the Secretary may provide assignment pay or special duty pay under
section 352 of title 37, United States Code, to a member of the Coast
Guard serving in a prevention position that--
``(1) is assigned in support of or is serving as a marine
inspector pursuant to section 312 of title 14, United States
Code; and
``(2) is assigned to a billet that is difficult to fill due
to geographic location, requisite experience or certifications,
or lack of sufficient candidates, as determined by the
Commandant, in an effort to address inspector workforce
gaps.''.
(c) Briefing.--Not later than 6 months after the date of enactment
of this Act, and annually for 2 years after the implementation of a
performance-driven examination schedule program under section 3714(c)
of title 46, United States Code, the Commandant shall brief the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives on--
(1) the status of utilizing the performance-driven
examination schedule program, including the quantity of
examinations conducted and duration between examinations for
each individual vessel examined under the performance-driven
examination schedule;
(2) an overview of the size of the Coast Guard marine
inspector workforce, including any personnel shortages assessed
by the Coast Guard, for inspectors that conduct inspections
under section 3714 of such title; and
(3) recommendations for the inspection, governance, or
oversight of vessels inspected under section 3714 of such
title.
SEC. 215. PORTS AND WATERWAYS SAFETY.
(a) Waterfront Safety.--Section 70011(a) of title 46, United States
Code, is amended--
(1) in paragraph (1) by inserting ``, including damage or
destruction resulting from cyber incidents, transnational
organized crime, or foreign state threats'' after ``adjacent to
such waters''; and
(2) in paragraph (2) by inserting ``or harm resulting from
cyber incidents, transnational organized crime, or foreign
state threats'' after ``loss''.
(b) Regulation of Anchorage and Movement of Vessels During National
Emergency.--Section 70051 of title 46, United States Code, is amended
by inserting ``or cyber incidents, or transnational organized crime, or
foreign state threats,'' after ``threatened war, or invasion, or
insurrection, or subversive activity,''.
(c) Facility Visit by State Sponsor of Terrorism.--Section 70011(b)
of title 46, United States Code, is amended--
(1) in paragraph (3) by striking ``and'' at the end;
(2) in paragraph (4) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) prohibiting a representative of a government of
country that the Secretary of State has determined has
repeatedly provided support for acts of international terrorism
under section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371) from visiting a facility for which a facility
security plan is required under section 70103(c).''.
SEC. 216. STUDY ON BERING STRAIT VESSEL TRAFFIC PROJECTIONS AND
EMERGENCY RESPONSE POSTURE AT PORTS OF THE UNITED STATES.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of Transportation, acting through the United
States Committee on the Marine Transportation System, and in
coordination with the Commandant, shall--
(1) complete an analysis regarding commercial vessel
traffic, at the time of the study, that transits through the
Bering Strait and projections for the growth of such traffic
over the next decade; and
(2) assess the adequacy of emergency response capabilities
and infrastructure at the ports of the United States that are
in proximity to the vessel traffic that transits the Bering
Strait, including the port facilities at Point Spencer, Alaska,
Nome, Alaska, and Kotzebue, Alaska, to--
(A) address future navigation safety risks; and
(B) conduct emergency maritime response operations
in the Arctic environment.
(b) Elements.--The study under this section shall include the
following:
(1) An analysis of the volume and types of commercial
vessel traffic, including--
(A) oil and gas tankers, cargo vessels, barges,
fishing vessels, and cruise lines, both domestic and
international;
(B) projected growth of such traffic through the
Bering Strait;
(C) the seasonality of vessel transits of the
Bering Strait; and
(D) a summation of the sizes, ages, and the country
of registration or documentation of such vessels
transiting the Arctic, including oil and product
tankers either documented in transit to or from Russia
or China or owned or operated by a Russian or Chinese
entity.
(2) An assessment of the state and adequacy of vessel
traffic services and oil spill and emergency response
capabilities in the vicinity of the Bering Strait and its
southern and northern approaches in the Chukchi Sea and the
Bering Sea.
(3) A risk assessment of the projected growth in commercial
vessel traffic in the Bering Strait and potential of increased
frequency in the number of maritime accidents, including spill
events, and the potential impacts to the Arctic maritime
environment and Native Alaskan village communities in the
vicinity of the vessel traffic in Western Alaska, including the
Bering Strait.
(4) An evaluation of the extent to which Point Spencer can
serve as a port of refuge and as a staging, logistics, and
operations center from which to conduct and support maritime
emergency and spill response activities.
(5) Recommendations for practical actions that can be taken
by Congress, Federal agencies, the State of Alaska, vessel
carriers and operators, the marine salvage and emergency
response industry, and other relevant stakeholders to mitigate
risks identified in the study carried out under this section.
(c) Consultation.--In the preparation of the study under this
section, the United States Committee on the Marine Transportation
System shall consult with--
(1) the Maritime Administration;
(2) the Coast Guard;
(3) the Army Corps of Engineers;
(4) the Department of State;
(5) the National Transportation Safety Board;
(6) the Government of Canada, as appropriate;
(7) the Port Coordination Council for the Port of Point
Spencer;
(8) State and local governments;
(9) other maritime industry participants, including
carriers, shippers, ports, labor, fishing, or other entities;
and
(10) nongovernmental entities with relevant expertise
monitoring and characterizing vessel traffic or the environment
in the Arctic.
(d) Tribal Consultation.--In addition to the entities described in
subsection (c), in preparing the study under this section, the
Secretary of Transportation shall consult with Indian Tribes, including
Alaska Native Corporations, and Alaska Native communities.
(e) Report.--Not later than 1 year after initiating the study under
this section, the United States Committee on the Marine Transportation
System shall submit to the Committee on Commerce, Science, and
Transportation and the Committee on Foreign Relations of the Senate and
the Committee on Transportation and Infrastructure and the Committee on
Foreign Affairs of the House of Representatives a report on the
findings and recommendations of the study.
(f) Definitions.--In this section:
(1) Arctic.--The term ``Arctic'' has the meaning given such
term in section 112 of the Arctic Research and Policy Act of
1984 (15 U.S.C. 4111).
(2) Port coordination council for the port of point
spencer.--The term ``Port Coordination Council for the Port of
Point Spencer'' means the Council established under section 541
of Coast Guard Authorization Act of 2015 (Public Law 114-120).
SEC. 217. UNDERWATER INSPECTIONS BRIEF.
Not later than 30 days after the date of enactment of this Act, the
Commandant, or a designated individual, shall brief the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
the underwater inspection in lieu of drydock program established under
section 176.615 of title 46, Code of Federal Regulations (as in effect
on the date of enactment of this Act).
SEC. 218. ST. LUCIE RIVER RAILROAD BRIDGE.
Regarding Docket Number USCG-2022-0222, before adopting a final
rule, the Commandant shall conduct an independent boat traffic study at
mile 7.4 of the St. Lucie River.
SEC. 219. AUTHORITY TO ESTABLISH SAFETY ZONES FOR SPECIAL ACTIVITIES IN
EXCLUSIVE ECONOMIC ZONE.
(a) Special Activities in Exclusive Economic Zone.--Subchapter I of
chapter 700 of title 46, United States Code, is amended by adding at
the end the following:
``Sec. 70008. Special activities in exclusive economic zone
``(a) In General.--The Secretary of the department in which the
Coast Guard is operating may establish safety zones to address special
activities in the exclusive economic zone.
``(b) Definitions.--In this section:
``(1) Safety zone.--The term `safety zone'--
``(A) means a water area, shore area, or water and
shore area to which, for safety or environmental
purposes, access is limited to authorized persons,
vehicles, or vessels; and
``(B) may be stationary and described by fixed
limits or may be described as a zone around a vessel in
motion.
``(2) Special activities.--The term `special activities'
includes--
``(A) space activities, including launch and
reentry (as such terms are defined in section 50902 of
title 51) carried out by United States citizens; and
``(B) offshore energy development activities, as
described in section 8(p)(1)(C) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)),
on or near fixed platforms.
``(3) United states citizen.--The term `United States
citizen' has the meaning given the term `eligible owners' in
section 12103.
``(4) Fixed platform.--The term `fixed platform' means an
artificial island, installation, or structure permanently
attached to the sea-bed for the purpose of exploration or
exploitation of resources or for other economic purposes.''.
(b) Clerical Amendment.--The analysis for chapter 700 of title 46,
United States Code, is amended by inserting after the item relating to
section 70007 the following:
``70008. Special activities in exclusive economic zone.''.
(c) Repeal.--Section 8343 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is repealed.
(d) Retroactive Effective Date.--The amendments made by subsections
(a) and (b) of this section shall take effect as if enacted on February
1, 2024.
SEC. 220. IMPROVING VESSEL TRAFFIC SERVICE MONITORING.
(a) Proximity of Anchorages to Pipelines.--
(1) Implementation of restructuring plan.--Not later than 1
year after the date of enactment of this Act, the Commandant
shall implement the November 2021 proposed plan of the Vessel
Traffic Service Los Angeles-Long Beach for restructuring the
Federal anchorages in San Pedro Bay described on page 54 of the
Report of the National Transportation Safety Board titled
``Anchor Strike of Underwater Pipeline and Eventual Crude Oil
Release'' and issued January 2, 2024.
(2) Study.--The Secretary of the department in which the
Coast Guard is operating shall conduct a study to identify any
anchorage grounds other than the San Pedro Bay Federal
anchorages in which the distance between the center of an
approved anchorage ground and a pipeline is less than 1 mile.
(3) Report.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, 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 on the results of the study
required under paragraph (2).
(B) Contents.--The report under subparagraph (A)
shall include--
(i) a list of the anchorage grounds
described under paragraph (2);
(ii) whether it is possible to move each
such anchorage ground to provide a minimum
distance of 1 mile; and
(iii) a recommendation of whether to move
any such anchorage ground and explanation for
the recommendation.
(b) Proximity to Pipeline Alerts.--
(1) Audible and visual alarms.--The Commandant shall
consult with the providers of vessel monitoring systems to add
to the monitoring systems for vessel traffic services audible
and visual alarms that alert the watchstander when an anchored
vessel is encroaching on a pipeline.
(2) Notification procedures.--Not later than 1 year after
the date of enactment of this Act, the Commandant shall develop
procedures for all vessel traffic services to notify pipeline
and utility operators following potential incursions on
submerged pipelines within the vessel traffic service area of
responsibility.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, and annually for the subsequent 3 years,
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 on the implementation of paragraphs (1) and
(2).
SEC. 221. DESIGNATING PILOTAGE WATERS FOR THE STRAITS OF MACKINAC.
(a) In General.--Section 9302(a)(1)(A) of title 46, United States
Code, is amended by striking ``in waters'' and inserting ``in the
Straits of Mackinac and in all other waters''.
(b) Definition of the Straits of Mackinac.--Section 9302 of title
46, United States Code, is amended by adding at the end the following:
``(g) Definition of the Straits of Mackinac.--In this section, the
term `Straits of Mackinac' includes all of the United States navigable
waters bounded by longitudes 84 degrees 20 minutes west and 85 degrees
10 minutes west and latitudes 45 degrees 39 minutes north and 45
degrees 54 minutes north, including Gray's Reef Passage, the South
Channel, and Round Island Passage, and approaches thereto.''.
SEC. 222. RECEIPTS; INTERNATIONAL AGREEMENTS FOR ICE PATROL SERVICES.
Section 80301(c) of title 46, United States Code, is amended by
striking the period at the end and inserting ``and shall remain
available until expended for the purpose of the Coast Guard
international ice patrol program under this chapter.''.
SEC. 223. REQUIREMENTS FOR CERTAIN FISHING VESSELS AND FISH TENDER
VESSELS.
(a) Exceptions to Regulations for Towing Vessels.--
(1) In general.--The Secretary of the department in which
the Coast Guard is operating, acting through the relevant
Officer in Charge, Marine Inspection, may grant temporary
waivers from the towing vessel requirements of chapters 33 and
89 of title 46, United States Code, including the regulations
issued under such chapters, for fishing vessels and fish tender
vessels.
(2) Application.--A temporary waiver issued under paragraph
(1) shall be issued at the discretion of the relevant Officer
in Charge, Marine Inspection, to a fishing vessel or fish
tender vessel that--
(A) performs towing operations of net pens, and
associated work platforms, to or from aquaculture or
hatchery worksites;
(B) is less than 200 gross tons;
(C) does not tow a net pen, or associated work
platform, that is carrying cargo or hazardous material,
including oil, on board;
(D) is operating shoreward of the Boundary Line in
either--
(i) Southeast Alaska; or
(ii) Prince William Sound; and
(E) complies with all applicable laws for its use
in the usual purpose for which it is normally and
substantially operated, including any applicable
inspection requirements under section 3301 of title 46,
United States Code, and exemptions under section 3302
of such title.
(3) Implementation.--
(A) Request process.--The owner or operator of a
fishing vessel or fish tender vessel seeking a waiver
under paragraph (1) shall submit a request to the
relevant Officer in Charge, Marine Inspection.
(B) Contents.--The request submitted under
subparagraph (A) shall include--
(i) a description of the intended towing
operations;
(ii) the time periods and frequency of the
intended towing operations;
(iii) the location of the intended
operations;
(iv) a description of the manning of the
fishing vessel or fish tender vessel during the
intended operations; and
(v) any additional safety, operational, or
other relevant information requested by the
relevant Officer in Charge, Marine Inspection.
(4) Policy.--The Secretary of the department in which the
Coast Guard is operating may issue policy to facilitate the
implementation of this subsection.
(5) Definitions.--In this subsection:
(A) Boundary line.--The term ``Boundary Line'' has
the meaning given such term in section 103 of title 46,
United States Code.
(B) Fishing vessel.--The term ``fishing vessel''
has the meaning given such term in section 2101 of
title 46, United States Code.
(C) Fish tender vessel.--The term ``fish tender
vessel'' has the meaning given such term in section
2101 of title 46, United States Code.
(D) Officer in charge, marine inspection.--The term
``Officer in Charge, Marine Inspection'' has the
meaning given such term in section 3305 of title 46,
United States Code.
(E) Prince william sound.--The term ``Prince
William Sound'' means all State and Federal waters
within Prince William Sound, Alaska, including the
approach to Hinchenbrook Entrance out to, and
encompassing, Seal Rocks.
(F) Southeast alaska.--The term ``Southeast
Alaska'' means the area along the coast of the State of
Alaska from latitude 5440'00" N to 6018'24" N.
(6) Sunset.--The authorities under this section shall
expire on January 1, 2027.
(b) Load Lines.--Section 11325(a) of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263; 136
Stat. 4095) is amended by striking ``3'' and inserting ``5''.
Subtitle C--Matters Involving Uncrewed Systems
SEC. 231. ESTABLISHMENT OF NATIONAL ADVISORY COMMITTEE ON AUTONOMOUS
MARITIME SYSTEMS.
(a) In General.--Chapter 151 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 15110. Establishment of National Advisory Committee on
Autonomous Maritime Systems
``(a) Establishment.--There is established a National Advisory
Committee on Autonomous Maritime Systems (in this section referred to
as the `Committee').
``(b) Function.--The Committee shall advise the Secretary on
matters relating to the regulation and use of Autonomous Systems within
the territorial waters of the United States.
``(c) Membership.--
``(1) In general.--The Committee shall consist of 15
members appointed by the Secretary in accordance with this
section and section 15109.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Each of the following groups shall
be represented by at least 1 member on the Committee:
``(A) Marine safety or security entities.
``(B) Vessel design and construction entities.
``(C) Entities engaged in the production or
research of uncrewed vehicles, including drones,
autonomous or semi-autonomous vehicles, or any other
product or service integral to the provision,
maintenance, or management of such products or
services.
``(D) Port districts, authorities, or terminal
operators.
``(E) Vessel operators.
``(F) National labor unions representing merchant
mariners.
``(G) Maritime pilots.
``(H) Commercial space transportation operators.
``(I) Academic institutions.''.
(b) Clerical Amendments.--The analysis for chapter 151 of title 46,
United States Code, is amended by adding at the end the following:
``15110. Establishment of National Advisory Committee on Autonomous
Maritime Systems.''.
(c) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall establish the Committee under section
15110 of title 46, United States Code (as added by this section).
SEC. 232. PILOT PROGRAM FOR GOVERNANCE AND OVERSIGHT OF SMALL UNCREWED
MARITIME SYSTEMS.
(a) Limitation.--Notwithstanding any other provision of law, for
the period beginning on the date of enactment of this Act and ending on
the date that is 2 years after such date of enactment, small uncrewed
maritime systems owned, operated, or chartered by the National Oceanic
and Atmospheric Administration, or that are performing specified
oceanographic surveys on behalf of and pursuant to a contract or other
written agreement with the National Oceanic and Atmospheric
Administration, shall not be subject to any vessel inspection, design,
operations, navigation, credentialing, or training requirement, law, or
regulation, that the Assistant Administrator of the Office of Marine
and Aviation Operations of the National Oceanic and Atmospheric
Administration determines will harm real-time operational extreme
weather oceanographic and atmospheric data collection and predictions.
(b) Other Authority.--Nothing in this section shall limit the
authority of the Secretary of the department in which the Coast Guard
is operating, acting through the Commandant, if there is an immediate
safety or security concern regarding small uncrewed maritime systems.
SEC. 233. COAST GUARD TRAINING COURSE.
(a) In General.--For the period beginning on the date of enactment
of this Act and ending on the date that is 3 years after such date of
enactment, the Commandant, or such other individual or organization as
the Commandant considers appropriate, shall develop a training course
on small uncrewed maritime systems and offer such training course at
least once each year for Coast Guard personnel working with or
regulating small uncrewed maritime systems.
(b) Course Subject Matter.--The training course developed under
subsection (a) shall--
(1) provide an overview and introduction to small uncrewed
maritime systems, including examples of those used by the
Federal Government, in academic settings, and in commercial
sectors;
(2) address the benefits and disadvantages of use of small
uncrewed maritime systems;
(3) address safe navigation of small uncrewed maritime
systems, including measures to ensure collision avoidance;
(4) address the ability of small uncrewed maritime systems
to communicate with and alert other vessels in the vicinity;
(5) address the ability of small uncrewed maritime systems
to respond to system alarms and failures to ensure control
commensurate with the risk posed by the systems;
(6) provide present and future capabilities of small
uncrewed maritime systems; and
(7) provide an overview of the role of the International
Maritime Organization in the governance of small uncrewed
maritime systems.
SEC. 234. NOAA MEMBERSHIP ON AUTONOMOUS VESSEL POLICY COUNCIL.
Not later than 30 days after the date of enactment of this Act, the
Commandant, with the concurrence of the Assistant Administrator of the
Office of Marine and Aviation Operations of the National Oceanic and
Atmospheric Administration, shall establish the permanent membership of
a National Oceanic and Atmospheric Administration employee to the
Automated and Autonomous Vessel Policy Council of the Coast Guard.
SEC. 235. TECHNOLOGY PILOT PROGRAM.
Section 319(b)(1) of title 14, United States Code, is amended by
striking ``2 or more existing Coast Guard small boats deployed at
operational units'' and inserting ``2 or more Coast Guard small boats
deployed at operational units and 2 or more existing Coast Guard small
boats''.
SEC. 236. UNCREWED SYSTEMS CAPABILITIES REPORT AND BRIEFING.
(a) In General.--
(1) Report.--Not later than 1 year after the date of
enactment of this Act, 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 outlines a plan for
establishing an uncrewed systems capabilities office within the
Coast Guard responsible for the acquisition and development of
uncrewed system and counter-uncrewed system technologies and to
expand the capabilities of the Coast Guard with respect to such
technologies.
(2) Contents.--The report required under paragraph (1)
shall include the following:
(A) A management strategy for the acquisition,
development, and deployment of uncrewed system and
counter-uncrewed system technologies.
(B) A service-wide coordination strategy to
synchronize and integrate efforts across the Coast
Guard in order to--
(i) support the primary duties of the Coast
Guard pursuant to section 102 of title 14,
United States Code; and
(ii) pursue expanded research, development,
testing, and evaluation opportunities and
funding to expand and accelerate identification
and transition of uncrewed system and counter-
uncrewed system technologies.
(C) The identification of contracting and
acquisition authorities needed to expedite the
development and deployment of uncrewed system and
counter-uncrewed system technologies.
(D) A detailed list of commercially available
uncrewed system and counter-uncrewed system
technologies with capabilities determined to be useful
for the Coast Guard.
(E) A cross-agency collaboration plan to engage
with the Department of Defense and other relevant
agencies to identify common requirements and
opportunities to partner in acquiring, contracting, and
sustaining uncrewed system and counter-uncrewed system
capabilities.
(F) Opportunities to obtain and share uncrewed
system data from government and commercial sources to
improve maritime domain awareness.
(G) The development of a concept of operations for
a data system that supports and integrates uncrewed
system and counter-uncrewed system technologies with
key enablers, including enterprise communications
networks, data storage and management, artificial
intelligence and machine learning tools, and
information sharing and dissemination capabilities.
(b) Briefings.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter for a period of 3 years, the
Commandant, in coordination with the Administrator of the National
Oceanic and Atmospheric Administration, the Executive Director of the
Office of Naval Research, the Director of the National Science
Foundation, and the Director of the White House Office of Science and
Technology Policy, shall brief the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives, on the future operation
and governance of small uncrewed maritime systems.
SEC. 237. DEFINITIONS.
In this subtitle:
(1) Counter-uncrewed system.--The term ``counter-uncrewed
system'' means a system or device capable of lawfully and
safely disabling, disrupting, or seizing control of an uncrewed
system, including a counter-UAS system (as such term is defined
in section 44801 of title 49, United States Code).
(2) Small uncrewed maritime systems.--The term ``small
uncrewed maritime systems'' means unmanned maritime systems (as
defined in section 2 of the CENOTE Act of 2018 (33 U.S.C.
4101)), that--
(A) are not greater than 35 feet overall in length;
(B) are operated remotely or autonomously; and
(C) exclusively perform oceanographic surveys or
scientific research.
(3) Uncrewed system.--The term ``uncrewed system'' means an
uncrewed surface, undersea, or aircraft and associated elements
(including communication links and the components that control
the uncrewed system) that are required for the operator to
operate the system safely and efficiently, including an
unmanned aircraft system (as such term is defined in section
44801 of title 49, United States Code).
Subtitle D--Other Matters
SEC. 241. CONTROLLED SUBSTANCE ONBOARD VESSELS.
Section 70503(a) of title 46, United States Code, is amended--
(1) in the matter preceding paragraph (1) by striking
``While on board a covered vessel, an'' and inserting ``An'';
(2) by amending paragraph (1) to read as follows:
``(1) manufacture or distribute, possess with intent to
manufacture or distribute, or place or cause to be placed with
intent to manufacture or distribute a controlled substance on
board a covered vessel;'';
(3) in paragraph (2) by inserting ``on board a covered
vessel'' before the semicolon; and
(4) in paragraph (3) by inserting ``while on board a
covered vessel'' after ``such individual''.
SEC. 242. INFORMATION ON TYPE APPROVAL CERTIFICATES.
(a) In General.--Title IX of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is amended by adding at
the end the following:
``SEC. 904. INFORMATION ON TYPE APPROVAL CERTIFICATES.
``Unless otherwise prohibited by law, the Commandant of the Coast
Guard shall, upon request by any State, the District of Columbia, any
Indian Tribe, or any territory of the United States, provide all data
possessed by the Coast Guard for a ballast water management system with
a type approval certificate approved by the Coast Guard pursuant to
subpart 162.060 of title 46, Code of Federal Regulations, as in effect
on the date of enactment of the Coast Guard Authorization Act of 2024
pertaining to--
``(1) challenge water (as defined in section 162.060-3 of
title 46, Code of Federal Regulations, as in effect on the date
of enactment of the Coast Guard Authorization Act of 2024)
quality characteristics;
``(2) post-treatment water quality characteristics;
``(3) challenge water (as defined in section 162.060-3 of
title 46, Code of Federal Regulations, as in effect on the date
of enactment of the Coast Guard Authorization Act of 2024)
biologic organism concentrations data; and
``(4) post-treatment water biologic organism concentrations
data.''.
(b) Clerical Amendment.--The table of contents for the Frank
LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115-282) is
amended by inserting after the item relating to section 903 the
following:
``Sec. 904. Information on type approval certificates.''.
SEC. 243. CLARIFICATION OF AUTHORITIES.
(a) In General.--Section 5(a) of the Deepwater Port Act of 1974 (33
U.S.C. 1504(a)) is amended by striking the first sentence and inserting
``Notwithstanding section 888(b) of the Homeland Security Act of 2002
(6 U.S.C. 468(b)), the Secretary shall have the authority to issue
regulations to carry out the purposes and provisions of this Act, in
accordance with the provisions of section 553 of title 5, United States
Code, without regard to subsection (a) thereof.''.
(b) NEPA Compliance.--Section 5 of the Deepwater Port Act of 1974
(33 U.S.C. 1504) is amended by striking subsection (f) and inserting
the following:
``(f) NEPA Compliance.--
``(1) Definition of lead agency.--In this subsection, the
term `lead agency' has the meaning given the term in section
111 of the National Environmental Policy Act of 1969 (42 U.S.C.
4336e).
``(2) Lead agency.--
``(A) In general.--For all applications, the
Maritime Administration shall be the Federal lead
agency for purposes of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(B) Effect of compliance.--Compliance with the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) in accordance with subparagraph (A) shall
fulfill the requirement of the Federal lead agency in
carrying out the responsibilities under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) pursuant to this Act.''.
(c) Regulations.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Commandant shall transfer the
authorities provided to the Coast Guard in part 148 of title
33, Code of Federal Regulations (as in effect on the date of
the enactment of this Act), except as provided in paragraph
(2), to the Secretary of Transportation.
(2) Retention of authority.--The Commandant shall retain
responsibility for authorities pertaining to design,
construction, equipment, and operation of deepwater ports and
navigational safety.
(3) Updates to authority.--As soon as practicable after the
date of enactment of this Act, the Secretary of Transportation
shall issue such regulations as are necessary to reflect the
updates to authorities prescribed by this subsection.
(d) Rule of Construction.--Nothing in this section, or the
amendments made by this section, may be construed to limit the
authorities of other governmental agencies previously delegated
authorities of the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.)
or any other law.
(e) Applications.--Nothing in this section, or the amendments made
by this section, shall apply to any application submitted before the
date of enactment of this Act.
SEC. 244. ANCHORAGES.
Section 8437 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is
amended--
(1) by striking subsections (d) and (e);
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Prohibition.--The Commandant shall prohibit any vessel
anchoring on the reach of the Hudson River described in subsection (a)
unless such anchoring is within any anchorage established before
January 1, 2021.''.
SEC. 245. AMENDMENTS TO PASSENGER VESSEL SECURITY AND SAFETY
REQUIREMENTS.
(a) Maintenance of Supplies That Prevent Sexually Transmitted
Diseases.--Section 3507(d)(1) of title 46, United States Code, is
amended by inserting ``(taking into consideration the length of the
voyage and the number of passengers and crewmembers that the vessel can
accommodate)'' after ``a sexual assault''.
(b) Crew Access to Passenger Staterooms; Procedures and
Restrictions.--Section 3507 of title 46, United States Code, is
amended--
(1) in subsection (f)--
(A) in paragraph (1)--
(i) in subparagraph (A) by striking ``and''
at the end; and
(ii) by inserting after subparagraph (B)
the following:
``(C) a system that electronically records the
date, time, and identity of each crew member accessing
each passenger stateroom; and''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) ensure that the procedures and restrictions are--
``(A) fully and properly implemented;
``(B) reviewed annually; and
``(C) updated as necessary.''.
SEC. 246. CYBER-INCIDENT TRAINING.
Section 70103(c) of title 46, United States Code, is amended by
adding at the end the following:
``(9) The Secretary may conduct no-notice exercises in Captain of
the Port Zones (as described in part 3 of title 33, Code of Federal
Regulations as in effect on the date of enactment of the Coast Guard
Authorization Act of 2024) involving a facility or vessel required to
maintain a security plan under this subsection.''.
SEC. 247. EXTENSION OF PILOT PROGRAM TO ESTABLISH A CETACEAN DESK FOR
PUGET SOUND REGION.
Section 11304(a)(2)(A)(i) of the Don Young Coast Guard
Reauthorization Act of 2022 (division K of Public Law 117-263; 16
U.S.C. 1390 note) is amended by striking ``4 years'' and inserting ``6
years''.
SEC. 248. SUSPENSION OF ENFORCEMENT OF USE OF DEVICES BROADCASTING ON
AIS FOR PURPOSES OF MARKING FISHING GEAR.
Section 11320 of the Don Young Coast Guard Authorization Act of
2022 (Public Law 117-263; 136 Stat. 4092) is amended by striking
``during the period'' and all that follows through the period at the
end and inserting ``until December 31, 2029.''.
SEC. 249. CLASSIFICATION SOCIETIES.
Section 3316(d) of title 46, United States Code, is amended--
(1) by amending paragraph (2)(B)(i) to read as follows:
``(i) the government of the foreign country in which the
foreign society is headquartered--
``(I) delegates that authority to the American
Bureau of Shipping; or
``(II) does not delegate that authority to any
classification society; or''; and
(2) by adding at the end the following:
``(5) Clarification on authority.--Nothing in this
subsection authorizes the Secretary to make a delegation under
paragraph (2) to a classification society from the People's
Republic of China.''.
SEC. 250. ABANDONED AND DERELICT VESSEL REMOVALS.
(a) In General.--Chapter 47 of title 46, United States Code, is
amended--
(1) in the chapter heading by striking ``BARGES'' and
inserting ``VESSELS'';
(2) by inserting before section 4701 the following:
``SUBCHAPTER I--BARGES''; and
(3) by adding at the end the following:
``SUBCHAPTER II--NON-BARGE VESSELS
``Sec. 4710. Definitions
``In this subchapter:
``(1) Abandon.--The term `abandon' means to moor, strand,
wreck, sink, or leave a covered vessel unattended for longer
than 45 days.
``(2) Covered vessel.--The term `covered vessel' means a
vessel that is not a barge to which subchapter I applies.
``(3) Indian tribe.--The term `Indian Tribe' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(4) Native hawaiian organization.--The term `Native
Hawaiian organization' has the meaning given such term in
section 6207 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7517) except the term includes the Department
of Hawaiian Home Lands and the Office of Hawaiian Affairs.
``Sec. 4711. Abandonment of vessels prohibited
``(a) In General.--An owner or operator of a covered vessel may not
abandon such vessel on the navigable waters of the United States.
``(b) Determination of Abandonment.--
``(1) Notification.--
``(A) In general.--With respect to a covered vessel
that appears to be abandoned, the Commandant of the
Coast Guard shall--
``(i) attempt to identify the owner using
the vessel registration number, hull
identification number, or any other information
that can be reasonably inferred or gathered;
and
``(ii) notify such owner--
``(I) of the penalty described in
subsection (c); and
``(II) that the vessel will be
removed at the expense of the owner if
the Commandant determines that the
vessel is abandoned and the owner does
not remove or account for the vessel.
``(B) Form.--The Commandant shall provide the
notice required under subparagraph (A)--
``(i) if the owner can be identified, via
certified mail or other appropriate forms
determined by the Commandant; or
``(ii) if the owner cannot be identified,
via an announcement in a local publication and
on a website maintained by the Coast Guard.
``(2) Determination.--The Commandant shall make a
determination not earlier than 45 days after the date on which
the Commandant provides the notification required under
paragraph (1) of whether a covered vessel described in such
paragraph is abandoned.
``(c) Penalty.--
``(1) In general.--The Commandant may assess a civil
penalty of not more than $500 against an owner or operator of a
covered vessel determined to be abandoned under subsection (b)
for a violation of subsection (a).
``(2) Liability in rem.--The owner or operator of a covered
vessel shall also be liable in rem for a penalty imposed under
paragraph (1).
``(3) Limitation.--The Commandant shall not assess a
penalty if the Commandant determines the vessel was abandoned
due to major extenuating circumstances of the owner or operator
of the vessel, including long term medical incapacitation of
the owner or operator.
``(d) Vessels Not Abandoned.--The Commandant may not determine that
a covered vessel is abandoned under this section if--
``(1) such vessel is located at a federally approved or
State approved mooring area;
``(2) such vessel is located on private property with the
permission of the owner of such property;
``(3) the owner or operator of such vessel provides a
notification to the Commandant that--
``(A) indicates the location of the vessel;
``(B) indicates that the vessel is not abandoned;
and
``(C) contains documentation proving that the
vessel is allowed to be in such location; or
``(4) the Commandant determines that such an abandonment
determination would not be in the public interest.
``Sec. 4712. Inventory of abandoned vessels
``(a) In General.--Not later than 1 year after the date of
enactment of the Coast Guard Authorization Act of 2024, the Commandant,
in consultation with the Administrator of the National Oceanic and
Atmospheric Administration and relevant State agencies, shall establish
and maintain a national inventory of covered vessels that are
abandoned.
``(b) Contents.--The inventory established and maintained under
subsection (a) shall include data on each vessel, including geographic
information system data related to the location of each such vessel.
``(c) Publication.--The Commandant shall make the inventory
established under subsection (a) publicly available on a website of the
Coast Guard.
``(d) Reporting of Potentially Abandoned Vessels.--In carrying out
this section, the Commandant shall develop a process by which--
``(1) a State, Indian Tribe, Native Hawaiian organization,
or person may report a covered vessel that may be abandoned to
the Commandant for potential inclusion in the inventory
established under subsection (a);
``(2) the Commandant shall review any such report and add
such vessel to the inventory if the Commandant determines that
the reported vessel is abandoned pursuant to section 4711.
``(e) Clarification.--Except in a response action carried out under
section 311(j) of the Federal Water Pollution Control Act (33 U.S.C.
1321) or in the case of imminent threat to life and safety, the
Commandant shall not be responsible for removing any covered vessels
listed on the inventory established and maintained under subsection
(a).''.
(b) Rulemaking.--The Secretary of the department in which the Coast
Guard is operating, in consultation with the Secretary of the Army,
acting through the Chief of Engineers, and the Secretary of Commerce,
acting through the Under Secretary for Oceans and Atmosphere, shall
issue regulations with respect to the procedures for determining that a
vessel is abandoned for the purposes of subchapter II of chapter 47 of
title 46, United States Code (as added by this section).
(c) Conforming Amendments.--Chapter 47 of title 46, United States
Code, is amended--
(1) in section 4701--
(A) in the matter preceding paragraph (1) by
striking ``chapter'' and inserting ``subchapter''; and
(B) in paragraph (2) by striking ``chapter'' and
inserting ``subchapter'';
(2) in section 4703 by striking ``chapter'' and inserting
``subchapter'';
(3) in section 4704 by striking ``chapter'' each place it
appears and inserting ``subchapter''; and
(4) in section 4705 by striking ``chapter'' and inserting
``subchapter''.
(d) Clerical Amendments.--The analysis for chapter 47 of title 46,
United States Code, is amended--
(1) by inserting before the item relating to section 4701
the following:
``subchapter i--barges''; and
(2) by adding at the end the following:
``subchapter ii--non-barge vessels
``4710. Definitions.
``4711. Abandonment of vessels prohibited.
``4712. Inventory of abandoned vessels.''.
TITLE III--OIL POLLUTION RESPONSE
SEC. 301. SALVAGE AND MARINE FIREFIGHTING RESPONSE CAPABILITY.
(a) Salvage and Marine Firefighting Response Capability.--Section
311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j))
is amended by adding at the end the following:
``(10) Salvage and marine firefighting response
capability.--
``(A) In general.--The President, acting through
the Secretary of the department in which the Coast
Guard is operating unless otherwise delegated by the
President, may require--
``(i) periodic inspection of vessels and
salvage equipment, firefighting equipment, and
other major marine casualty response equipment
on or associated with vessels;
``(ii) periodic verification of
capabilities to appropriately, and in a timely
manner, respond to a marine casualty,
including--
``(I) drills, with or without prior
notice;
``(II) review of contracts and
relevant third-party agreements;
``(III) testing of equipment;
``(IV) review of training; and
``(V) other evaluations of marine
casualty response capabilities, as
determined appropriate by the
President; and
``(iii) carrying of appropriate response
equipment for responding to a marine casualty
that employs the best technology economically
feasible and that is compatible with the safe
operation of the vessel.
``(B) Definitions.--In this paragraph:
``(i) Marine casualty.--The term `marine
casualty' means a marine casualty that is
required to be reported pursuant to paragraph
(3), (4), or (5) of section 6101 of title 46,
United States Code.
``(ii) Salvage equipment.--The term
`salvage equipment' means any equipment that is
capable of being used to assist a vessel in
potential or actual danger in order to prevent
loss of life, damage or destruction of the
vessel or its cargo, or release of its contents
into the marine environment.''.
(b) Report to Congress.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on--
(A) the state of marine firefighting authorities,
jurisdiction, and plan review; and
(B) other considerations with respect to fires at
waterfront facilities (including vessel fires) and
vessel fires on the navigable waters (as such term is
defined in section 502 of the Federal Water Pollution
Control Act (33 U.S.C. 1362)).
(2) Contents.--In carrying out paragraph (1), the
Comptroller General shall--
(A) examine--
(i) collaboration among Federal and non-
Federal entities for purposes of reducing the
risks to local communities of fires described
in paragraph (1);
(ii) the prevalence and frequency of such
fires; and
(iii) the extent to which firefighters and
marine firefighters are aware of the dangers of
lithium-ion battery fires, including lithium-
ion batteries used for vehicles, and how to
respond to such fires;
(B) review methods of documenting and sharing best
practices throughout the maritime community for
responding to vessel fires; and
(C) make recommendations for--
(i) preparing for, responding to, and
training for such fires;
(ii) clarifying roles and responsibilities
of Federal and non-Federal entities in
preparing for, responding to, and training for
such fires; and
(iii) other topics for consideration.
SEC. 302. USE OF MARINE CASUALTY INVESTIGATIONS.
Section 6308 of title 46, United States Code, is amended--
(1) in subsection (a) by striking ``initiated'' and
inserting ``conducted''; and
(2) by adding at the end the following:
``(e) For purposes of this section, an administrative proceeding
conducted by the United States includes proceedings under section 7701
and claims adjudicated under section 1013 of the Oil Pollution Act of
1990 (33 U.S.C. 2713).''.
SEC. 303. TIMING OF REVIEW.
Section 1017 of the Oil Pollution Act of 1990 (33 U.S.C. 2717) is
amended by adding at the end the following:
``(g) Timing of Review.--Before the date of completion of a removal
action, no person may bring an action under this Act, section 311 of
the Federal Water Pollution Control Act (33 U.S.C. 1321), or chapter 7
of title 5, United States Code, challenging any decision relating to
such removal action that is made by an on-scene coordinator appointed
under the National Contingency Plan.''.
SEC. 304. ONLINE INCIDENT REPORTING SYSTEM.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the National Response Center shall submit to
Congress a plan to design, fund, and staff the National Response Center
to develop and maintain a web-based application by which the National
Response Center may receive notifications of oil discharges or releases
of hazardous substances.
(b) Development of Application.--Not later than 2 years after the
date on which the plan is submitted under subsection (a), the National
Response Center shall--
(1) complete development of the application described in
such subsection; and
(2) allow notifications described in such subsection that
are required under Federal law or regulation to be made online
using such application.
(c) Use of Application.--In carrying out subsection (b), the
National Response Center may not require the notification of an oil
discharge or release of a hazardous substance to be made using the
application developed under such subsection.
SEC. 305. INVESTMENT OF EXXON VALDEZ OIL SPILL COURT RECOVERY IN HIGH
YIELD INVESTMENTS AND MARINE RESEARCH.
Section 350 of Public Law 106-113 (43 U.S.C. 1474b note) is
amended--
(1) by striking paragraph (5);
(2) by redesignating paragraphs (2), (3), (4), (6), and (7)
as subsections (c), (d), (e), (f), and (g), respectively, and
indenting the subsections appropriately;
(3) in paragraph (1)--
(A) by striking ``(1) Notwithstanding any other
provision of law and subject to the provisions of
paragraphs (5) and (7)'' and inserting the following:
``(a) Definitions.--In this section:
``(1) Consent decree.--The term `Consent Decree' means the
consent decree issued in United States v. Exxon Corporation, et
al. (No. A91-082 CIV) and State of Alaska v. Exxon Corporation,
et al. (No. A91-083 CIV).
``(2) Fund.--The term `Fund' means the Natural Resource
Damage Assessment and Restoration Fund established pursuant to
title I of the Department of the Interior and Related Agencies
Appropriations Act, 1992 (43 U.S.C. 1474b).
``(3) Outside account.--The term `outside account' means
any account outside the United States Treasury.
``(4) Trustee.--The term `Trustee' means a Federal or State
natural resource trustee for the Exxon Valdez oil spill.
``(b) Deposits.--
``(1) In general.--Notwithstanding any other provision of
law and subject to subsection (g)'';
(4) in subsection (b)(1) (as so designated)--
(A) in the matter preceding subparagraph (A) by
striking ``issued in United States v. Exxon
Corporation, et al. (No. A91-082 CIV) and State of
Alaska v. Exxon Corporation, et al. (No. A91-083 CIV)
(hereafter referred to as the `Consent Decree'),'';
(B) by striking subparagraphs (A) and (B) and
inserting the following:
``(A) the Fund;
``(B) an outside account; or''; and
(C) in the undesignated matter following
subparagraph (C)--
(i) by striking ``the Federal and State
natural resource trustees for the Exxon Valdez
oil spill (`trustees')'' and inserting ``the
Trustees''; and
(ii) by striking ``Any funds'' and
inserting the following:
``(2) Requirement for deposits in outside accounts.--Any
funds'';
(5) in subsection (c) (as redesignated by paragraph (2)) by
striking ``(c) Joint'' and inserting the following:
``(c) Transfers.--Any joint'';
(6) in subsection (d) (as redesignated by paragraph (2)) by
striking ``(d) The transfer'' and inserting the following:
``(d) No Effect on Jurisdiction.--The transfer'';
(7) in subsection (e) (as redesignated by paragraph (2))--
(A) by striking ``(e) Nothing herein shall affect''
and inserting the following:
``(e) Effect on Other Law.--Nothing in this section affects''; and
(B) by striking ``trustees'' and inserting
``Trustees'';
(8) in subsection (f) (as redesignated by paragraph (2))--
(A) by striking ``(f) The Federal trustees and the
State trustees'' and inserting the following:
``(f) Grants.--The Trustees''; and
(B) by striking ``this program'' and inserting
``this section, prioritizing the issuance of grants to
facilitate habitat protection and habitat restoration
programs''; and
(9) in subsection (g) (as redesignated by paragraph (2))--
(A) in the second sentence, by striking ``Upon the
expiration of the authorities granted in this section
all'' and inserting the following:
``(2) Return of funds.--On expiration of the authority
provided in this section, all''; and
(B) by striking ``(g) The authority'' and inserting
the following:
``(g) Expiration.--
``(1) In general.--The authority''.
TITLE IV--SEXUAL ASSAULT AND SEXUAL HARASSMENT RESPONSE
SEC. 401. INDEPENDENT REVIEW OF COAST GUARD REFORMS.
(a) Government Accountability Office Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall report to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on the efforts of the Coast Guard to mitigate cases of
sexual assault and sexual harassment within the service.
(2) Elements.--The report required under paragraph (1)
shall--
(A) evaluate--
(i) the efforts of the Commandant to
implement the directed actions from enclosure 1
of the memorandum titled ``Commandant's
Directed Actions--Accountability and
Transparency'' dated November 27, 2023;
(ii) whether the Commandant met the
reporting requirements under section 5112 of
title 14, United States Code; and
(iii) the effectiveness of the actions of
the Coast Guard, including efforts outside of
the actions described in the memorandum titled
``Commandant's Directed Actions--Accountability
and Transparency'' dated November 27, 2023, to
mitigate instances of sexual assault and sexual
harassment and improve the enforcement relating
to such instances within the Coast Guard, and
how the Coast Guard is overcoming challenges in
implementing such actions;
(B) make recommendations to the Commandant for
improvements to the efforts of the service to mitigate
instances of sexual assault and sexual harassment and
improve the enforcement relating to such instances
within the Coast Guard; and
(C) make recommendations to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate to mitigate instances
of sexual assault and sexual harassment in the Coast
Guard and improve the enforcement relating to such
instances within the Coast Guard, including proposed
changes to any legislative authorities.
(b) Report by Commandant.--Not later than 90 days after the date on
which the Comptroller General completes all actions under subsection
(a), 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 the following:
(1) A plan for Coast Guard implementation, including
interim milestones and timeframes, of any recommendation made
by the Comptroller General under subsection (a)(2)(B) with
which the Commandant concurs.
(2) With respect to any recommendation made under
subsection (a)(2)(B) with which the Commandant does not concur,
an explanation of the reasons why the Commandant does not
concur.
SEC. 402. COMPREHENSIVE POLICY AND PROCEDURES ON RETENTION AND ACCESS
TO EVIDENCE AND RECORDS RELATING TO SEXUAL MISCONDUCT AND
OTHER MISCONDUCT.
(a) In General.--Subchapter II of chapter 9 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 955. Comprehensive policy and procedures on retention and access
to evidence and records relating to sexual misconduct and
other misconduct
``(a) Issuance of Policy.--Not later than 1 year after the date of
the enactment of the Coast Guard Authorization Act of 2024, the
Secretary, in consultation with the Office of the Inspector General of
the department in which the Coast Guard is operating and the Office of
the Inspector General of the Department of Defense, shall issue a
comprehensive policy for the Coast Guard on the retention of and access
to evidence and records relating to covered misconduct involving
members of the Coast Guard.
``(b) Objectives.--The comprehensive policy required by subsection
(a) shall revise existing policies and procedures, including systems of
records, as necessary to ensure preservation of such evidence and
records for periods sufficient--
``(1) to ensure that members of the Coast Guard who were
victims of covered misconduct are able to pursue claims for
veterans benefits;
``(2) to support administrative processes, criminal
proceedings, and civil litigation conducted by military or
civil authorities; and
``(3) for such other purposes relating to the documentation
of an incident of covered misconduct in the Coast Guard as the
Secretary considers appropriate.
``(c) Elements.--
``(1) In general.--In developing the comprehensive policy
required by subsection (a), the Secretary shall, at a minimum--
``(A) identify records relating to an incident of
covered misconduct that shall be retained;
``(B) with respect to records relating to covered
misconduct involving members of the Coast Guard that
are not records of the Coast Guard, identify such
records known to or in the possession of the Coast
Guard, and set forth procedures for Coast Guard
coordination with the custodian of such records for
proper retention of the records;
``(C) set forth criteria for the collection and
retention of records relating to covered misconduct
involving members of the Coast Guard;
``(D) identify physical evidence and nondocumentary
forms of evidence relating to covered misconduct that
shall be retained;
``(E) set forth the period for which evidence and
records relating to covered misconduct involving
members of the Coast Guard, including Coast Guard Form
6095, shall be retained, except that--
``(i) any physical or forensic evidence
relating to rape or sexual assault, as
described in sections 920(a) and 920(b) of
title 10 (articles 120(a) and 120(b) of the
Uniform Code of Military Justice), shall be
retained not less than 50 years, and for other
covered misconduct not less than the statute of
limitations of the alleged offense under the
Uniform Code of Military Justice; and
``(ii) documentary evidence relating to
rape or sexual assault, as described in
sections 920(a) and 920(b) of title 10
(articles 120(a) and 120(b) of the Uniform Code
of Military Justice), shall be retained not
less than 50 years;
``(F) consider locations in which such records
shall be stored;
``(G) identify media and methods that may be used
to preserve and ensure access to such records,
including electronic systems of records;
``(H) ensure the protection of privacy of--
``(i) individuals named in records and
status of records under section 552 of title 5
(commonly referred to as the `Freedom of
Information Act') and section 552a of title 5
(commonly referred to as the `Privacy Act');
and
``(ii) individuals named in restricted
reporting cases;
``(I) designate the 1 or more positions within the
Coast Guard that shall have the responsibility for such
record retention by the Coast Guard;
``(J) require education and training for members
and civilian employees of the Coast Guard on record
retention requirements under this section;
``(K) set forth criteria for access to such records
relating to covered misconduct involving members of the
Coast Guard, including whether the consent of the
victim should be required, by--
``(i) victims of covered misconduct;
``(ii) law enforcement authorities;
``(iii) the Department of Veterans Affairs;
and
``(iv) other individuals and entities,
including alleged assailants;
``(L) require uniform collection of data on--
``(i) the incidence of covered misconduct
in the Coast Guard; and
``(ii) disciplinary actions taken in
substantiated cases of covered misconduct in
the Coast Guard; and
``(M) set forth standards for communications with,
and notifications to, victims, consistent with--
``(i) the requirements of any applicable
Department of Defense policy; and
``(ii) to the extent practicable, any
applicable policy of the department in which
the Coast Guard is operating.
``(2) Retention of certain forms and evidence in connection
with restricted reports and unrestricted reports of sexual
assault involving members of the coast guard.--
``(A) In general.--The comprehensive policy
required by subsection (a) shall require all unique or
original copies of Coast Guard Form 6095 filed in
connection with a restricted or unrestricted report on
an alleged incident of rape or sexual assault, as
described in sections 920(a) and 920(b) of title 10
(articles 120(a) and 120(b) of the Uniform Code of
Military Justice), involving a member of the Coast
Guard to be retained for the longer of--
``(i) 50 years commencing on the date of
signature of the covered person on Coast Guard
Form 6095; or
``(ii) the time provided for the retention
of such form in connection with unrestricted
and restricted reports on incidents of sexual
assault involving members of the Coast Guard
under Coast Guard policy.
``(B) Protection of confidentiality.--Any Coast
Guard form retained under subparagraph (A) shall be
retained in a manner that protects the confidentiality
of the member of the Coast Guard concerned in
accordance with Coast Guard policy.
``(3) Retention of case notes in investigations of covered
misconduct involving members of the coast guard.--
``(A) Required retention of all investigative
records.--The comprehensive policy required by
subsection (a) shall require, for all criminal
investigations relating to an alleged incident of
covered misconduct involving a member of the Coast
Guard, the retention of all elements of the case file.
``(B) Elements.--The elements of the case file to
be retained under subparagraph (A) shall include, at a
minimum--
``(i) the case activity record;
``(ii) the case review record;
``(iii) investigative plans; and
``(iv) all case notes made by any
investigating agent.
``(C) Retention period.--All elements of the case
file shall be retained for not less than 50 years for
cases involving rape or sexual assault, as described in
sections 920(a) and 920(b) of title 10 (articles 120(a)
and 120(b) of the Uniform Code of Military Justice),
and not less than the statute of limitations of the
alleged offense under the Uniform Code of Military
Justice for other covered misconduct, and no element of
any such case file may be destroyed until the
expiration of such period.
``(4) Return of personal property upon completion of
related proceedings in unrestricted reporting cases.--
Notwithstanding the records and evidence retention requirements
described in paragraphs (1)(E) and (2), personal property
retained as evidence in connection with an incident of rape or
sexual assault, as described in sections 920(a) and 920(b) of
title 10 (articles 120(a) and 120(b) of the Uniform Code of
Military Justice), involving a member of the Coast Guard may be
returned to the rightful owner of such property after the
conclusion of all legal, adverse action, and administrative
proceedings related to such incident, as determined by the
Commandant.
``(5) Return of personal property in restricted reporting
cases.--
``(A) In general.--The Secretary shall prescribe
procedures under which a victim who files a restricted
report of an incident of sexual assault may request, at
any time, the return of any personal property of the
victim obtained as part of the sexual assault forensic
examination.
``(B) Requirements.--The procedures required by
subparagraph (A) shall ensure that--
``(i) a request by a victim for the return
of personal property described under
subparagraph (A) may be made on a confidential
basis and without affecting the restricted
nature of the restricted report; and
``(ii) at the time of the filing of the
restricted report, a Special Victims' Counsel,
Sexual Assault Response Coordinator, or Sexual
Assault Prevention and Response Victim
Advocate--
``(I) informs the victim that the
victim may request the return of
personal property as described in such
subparagraph; and
``(II) advises the victim that such
a request for the return of personal
property may negatively impact a
subsequent case adjudication if the
victim later decides to convert the
restricted report to an unrestricted
report.
``(C) Rule of construction.--Except with respect to
personal property returned to a victim under this
paragraph, nothing in this paragraph may be construed
to affect the requirement to retain a sexual assault
forensic examination kit for the period specified in
paragraph (2).
``(6) Victim access to records.--With respect to victim
access to records after all final disposition actions and any
appeals have been completed, as applicable, the comprehensive
policy required by subsection (a) shall provide that, to the
maximum extent practicable, and in such a manner that will not
jeopardize an active investigation or an active case--
``(A) a victim of covered misconduct in a case in
which either the victim or alleged perpetrator is a
covered person shall have access to all records that
are directly related to the victim's case, or related
to the victim themselves, in accordance with the policy
issued under subsection (a) and subject to required
protections under sections 552 and 552a of title 5;
``(B) a victim of covered misconduct who requests
access to records under section 552 or 552a of title 5
concerning the victim's case shall be determined to
have a compelling need, and the records request shall
be processed under expedited processing procedures, if
in the request for such records the victim indicates
that the records concerned are related to the covered
misconduct case;
``(C) in applying sections 552 and 552a of title 5
to the redaction of information related to a records
request by a victim of covered misconduct made under
such sections after all final disposition actions and
any appeals have been completed--
``(i) any such redaction shall be applied
to the minimum extent possible so as to ensure
the provision of the maximum amount of
unredacted information to the victim that is
permissible by law; and
``(ii) any such redaction shall not be
applied to--
``(I) receipt by the victim of the
victim's own statement; or
``(II) the victim's information
from an investigation; and
``(D) in the case of such a records request for
which the timelines for expedited processing are not
met, the Commandant shall provide 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
briefing that explains the reasons for the denial or
the delay in processing, as applicable.
``(d) Definition of Covered Person.--In this section, the term
`covered person' includes--
``(1) a member of the Coast Guard on active duty;
``(2) a member of the Coast Guard Reserve with respect to
crimes investigated by or reported to the Secretary on any date
on which such member is in a military status under section 802
of title 10 (article 2 of the Uniform Code of Military
Justice);
``(3) a former member of the Coast Guard with respect to
crimes investigated by or reported to the Secretary; and
``(4) in the case of an investigation of covered misconduct
conducted by, or an incident of covered misconduct reported to,
the Coast Guard involving a civilian employee of the Coast
Guard, any such civilian employee of the Coast Guard.
``(e) Savings Clause.--Nothing in this section authorizes or
requires, or shall be construed to authorize or require, the discovery,
inspection, or production of reports, memoranda, or other internal
documents or work product generated by counsel, an attorney for the
Government, or their assistants or representatives.''.
(b) In General.--Subchapter II of chapter 9 of title 14, United
States Code, is further amended by adding at the end the following:
``Sec. 956. Requirement to maintain certain records
``(a) In General.--The Commandant shall maintain all work product
related to documenting a disposition decision on an investigation by
the Coast Guard Investigative Service or other law enforcement entity
investigating a Coast Guard member accused of an offense against
chapter 47 of title 10.
``(b) Record Retention Period.--Work product documents and the case
action summary described in subsection (c) shall be maintained for a
period of not less than 7 years from the date of the disposition
decision.
``(c) Case Action Summary.--Upon a final disposition action for
cases described in subsection (a), except for offenses of wrongful use
or possession of a controlled substance under section 912a of title 10
(article 112a of the Uniform Code of Military Justice), where the
member accused is an officer of pay grade O-4 and below or an enlisted
member of pay grade E-7 and below, a convening authority shall sign a
case action summary that includes the following:
``(1) The disposition actions.
``(2) The name and command of the referral authority.
``(3) Records documenting when a referral authority
consulted with a staff judge advocate or special trial counsel,
as applicable, before a disposition action was taken, to
include the recommendation of the staff judge advocate or
special trial counsel.
``(4) A reference section listing the materials reviewed in
making a disposition decision.
``(5) The Coast Guard Investigative Service report of
investigation.
``(6) The completed Coast Guard Investigative Service
report of adjudication included as an enclosure.
``(d) Definition.--In this section, the term `work product'
includes--
``(1) a prosecution memorandum;
``(2) emails, notes, and other correspondence related to a
disposition decision; and
``(3) the contents described in paragraphs (1) through (6)
of subsection (c).
``(e) Savings Clause.--Nothing in this section authorizes or
requires, or shall be construed to authorize or require, the discovery,
inspection, or production of reports, memoranda, or other internal
documents or work product generated by counsel, an attorney for the
Government, or their assistants or representatives.''.
(c) Clerical Amendment.--The analysis for chapter 9 of title 14,
United States Code, is amended by adding at the end the following:
``Sec. 955. Comprehensive policy and procedures on retention and access
to evidence and records relating to sexual
misconduct and other misconduct.
``Sec. 956. Requirement to maintain certain records.''.
SEC. 403. CONSIDERATION OF REQUEST FOR TRANSFER OF A CADET AT THE COAST
GUARD ACADEMY WHO IS THE VICTIM OF A SEXUAL ASSAULT OR
RELATED OFFENSE.
Section 1902 of title 14, United States Code, is further amended by
adding at the end the following:
``(g) Consideration of Request for Transfer of Cadet Who Is the
Victim of Sexual Assault or Related Offense.--
``(1) In general.--The Commandant shall provide for timely
consideration of and action on a request submitted by a cadet
appointed to the Coast Guard Academy who is the victim of an
alleged sexual assault or other offense covered by section 920,
920c, or 930 of title 10 (article 120, 120c, or 130 of the
Uniform Code of Military Justice) for transfer to another
military service academy or to enroll in a Senior Reserve
Officers' Training Corps program affiliated with another
institution of higher education.
``(2) Regulations.--The Commandant, in consultation with
the Secretary of Defense, shall establish policies to carry out
this subsection that--
``(A) provide that the Superintendent shall ensure
that any cadet who has been appointed to the Coast
Guard Academy is informed of the right to request a
transfer pursuant to this subsection, and that any
formal request submitted by a cadet who alleges an
offense referred to in paragraph (1) is processed as
expeditiously as practicable through the chain of
command for review and action by the Superintendent;
``(B) direct the Superintendent, in coordination
with the Superintendent of the military service academy
to which the cadet requests to transfer--
``(i) to take action on a request for
transfer under this subsection not later than
72 hours after receiving the formal request
from the cadet;
``(ii) to approve such request for transfer
unless there are exceptional circumstances that
require denial of the request;
``(iii) upon approval of such request for
transfer, to take all necessary and appropriate
action to effectuate the transfer of the cadet
to the military service academy concerned as
expeditiously as possible, subject to the
considerations described in clause (iv); and
``(iv) in determining the transfer date of
the cadet to the military service academy
concerned, to take into account--
``(I) the preferences of the cadet,
including any preference to delay
transfer until the completion of any
academic course in which the cadet is
enrolled at the time of the request for
transfer; and
``(II) the well-being of the cadet;
and
``(C) direct the Superintendent of the Coast Guard
Academy, in coordination with the Secretary of the
military department that sponsors the Senior Reserve
Officers' Training Corps program at the institution of
higher education to which the cadet requests to
transfer--
``(i) to take action on a request for
transfer under this subsection not later than
72 hours after receiving the formal request
from the cadet;
``(ii) subject to the cadet's acceptance
for admission to the institution of higher
education to which the cadet wishes to
transfer, to approve such request for transfer
unless there are exceptional circumstances that
require denial of the request;
``(iii) to take all necessary and
appropriate action to effectuate the cadet's
enrollment in the institution of higher
education to which the cadet wishes to transfer
and to process the cadet for participation in
the relevant Senior Reserve Officers' Training
Corps program as expeditiously as possible,
subject to the considerations described in
clause (iv); and
``(iv) in determining the transfer date of
the cadet to the institution of higher
education to which the cadet wishes to
transfer, to take into account--
``(I) the preferences of the cadet,
including any preference to delay
transfer until the completion of any
academic course in which the cadet is
enrolled at the time of the request for
transfer; and
``(II) the well-being of the cadet.
``(3) Review.--If the Superintendent denies a request for
transfer under this subsection, the cadet may request review of
the denial by the Secretary, who shall take action on such
request for review not later than 72 hours after receipt of
such request.
``(4) Confidentiality.--The Secretary shall ensure that all
records of any request, determination, transfer, or other
action under this subsection remain confidential, consistent
with applicable law and regulation.
``(5) Effect of other law.--A cadet who transfers under
this subsection may retain the cadet's appointment to the Coast
Guard Academy or may be appointed to the military service
academy to which the cadet transfers without regard to the
limitations and requirements set forth in sections 7442, 8454,
and 9442 of title 10.
``(6) Commission as officer in the coast guard.--
``(A) In general.--Upon graduation, a graduate of
the United States Military Academy, the United States
Air Force Academy, or the United States Naval Academy
who transferred to that academy under this subsection
is entitled to be accepted for appointment as a
permanent commissioned officer in the Regular Coast
Guard in the same manner as graduates of the Coast
Guard Academy, as set forth in section 2101 of this
title.
``(B) Commission as officer in other armed force.--
``(i) In general.--A cadet who transfers
under this subsection to the United States
Military Academy, the United States Air Force
Academy, or the United States Naval Academy and
indicates a preference pursuant to clause (ii)
may be appointed as a commissioned officer in
an armed force associated with the academy from
which the cadet graduated.
``(ii) Statement of preference.--A cadet
seeking appointment as a commissioned officer
in an armed force associated with the academy
from which the cadet graduated under clause (i)
shall, before graduating from that academy,
indicate to the Commandant that the cadet has a
preference for appointment to that armed force.
``(iii) Consideration by coast guard.--The
Commandant shall consider a preference of a
cadet indicated pursuant to clause (ii), but
may require the cadet to serve as a permanent
commissioned officer in the Regular Coast Guard
instead of being appointed as a commissioned
officer in an armed force associated with the
academy from which the cadet graduated.
``(iv) Treatment of service agreement.--
With respect to a service agreement entered
into under section 1925 of this title by a
cadet who transfers under this subsection to
the United States Military Academy, the United
States Air Force Academy, or the United States
Naval Academy and is appointed as a
commissioned officer in an armed force
associated with that academy, the service
obligation undertaken under such agreement
shall be considered to be satisfied upon the
completion of 5 years of active duty service in
the service of such armed force.
``(C) Senior reserve officers' training corps
program.--A cadet who transfers under this subsection
to a Senior Reserve Officers' Training Corps program
affiliated with another institution of higher education
is entitled upon graduation from the Senior Reserve
Officers' Training program to commission into the Coast
Guard, as set forth in section 3738a of this title.''.
SEC. 404. DESIGNATION OF OFFICERS WITH PARTICULAR EXPERTISE IN MILITARY
JUSTICE OR HEALTHCARE.
(a) In General.--Subchapter I of chapter 21 of title 14, United
States Code is amended by adding at the end the following:
``Sec. 2132. Designation of officers with particular expertise in
military justice or healthcare
``(a) Secretary Designation.--The Secretary may designate a limited
number of officers of the Coast Guard as having particular expertise
in--
``(1) military justice; or
``(2) healthcare.
``(b) Promotion and Grade.--An individual designated under this
section--
``(1) shall not be included on the active duty promotion
list;
``(2) shall be promoted under section 2126; and
``(3) may not be promoted to a grade higher than
captain.''.
(b) Clerical Amendment.--The analysis for chapter 21 of title 14,
United States Code, is amended by inserting after the item relating to
section 2131 the following:
``2132. Designation of officers with particular expertise in military
justice or healthcare.''.
(c) Conforming Amendments.--
(1) Section 2102(a) of title 14, United States Code, is
amended, in the second sentence by striking ``and officers of
the permanent commissioned teaching staff of the Coast Guard
Academy'' and inserting ``officers of the permanent
commissioned teaching staff of the Coast Guard Academy, and
officers designated by the Secretary pursuant this section''.
(2) Subsection (e) of section 2103 of title 14, United
States Code, is amended to read as follows:
``(e) Secretary To Prescribe Numbers for Certain Officers.--The
Secretary shall prescribe the number of officers authorized to be
serving on active duty in each grade of--
``(1) the permanent commissioned teaching staff of the
Coast Guard Academy;
``(2) the officers designated by the Secretary pursuant to
this section; and
``(3) the officers of the Reserve serving in connection
with organizing, administering, recruiting, instructing, or
training the reserve components.''.
(3) Section 2126 of title 14, United States Code, is
amended, in the second sentence, by inserting ``and as to
officers designated by the Secretary pursuant to this section''
after ``reserve components''.
(4) Section 3736(a) of title 14, United States Code, is
amended--
(A) in the first sentence by striking ``promotion
list and the'' and inserting ``promotion list, officers
designated by the Secretary pursuant to this section,
and the officers on the''; and
(B) in the second sentence by striking ``promotion
list or the'' and inserting ``promotion list, officers
designated by the Secretary pursuant to this section,
or the officers on the''.
SEC. 405. SAFE-TO-REPORT POLICY FOR COAST GUARD.
(a) In General.--Subchapter I of chapter 19 of title 14, United
States Code, is further amended by adding at the end the following:
``Sec. 1909. Safe-to-Report policy for Coast Guard
``(a) In General.--Not later than 90 days after the date of
enactment of the Coast Guard Authorization Act of 2024, the Commandant
shall, in consultation with the Secretaries of the military
departments, establish and maintain a safe-to-report policy described
in subsection (b) that applies with respect to all members of the Coast
Guard (including members of the reserve and auxiliary components of the
Coast Guard), cadets at the Coast Guard Academy, and any other
individual undergoing training at an accession point of the Coast
Guard.
``(b) Safe-to-Report Policy.--The safe-to-report policy described
in this subsection is a policy that--
``(1) prescribes the handling of minor collateral
misconduct, involving a member of the Coast Guard who is the
alleged victim or reporting witness of a sexual assault; and
``(2) applies to all such individuals, regardless of--
``(A) to whom the victim makes the allegation or
who receives the victim's report of sexual assault; or
``(B) whether the report, investigation, or
prosecution is handled by military or civilian
authorities.
``(c) Mitigating and Aggravating Circumstances.--In issuing the
policy under subsection (a), the Commandant shall specify mitigating
circumstances that decrease the gravity of minor collateral misconduct
or the impact of such misconduct on good order and discipline and
aggravating circumstances that increase the gravity of minor collateral
misconduct or the impact of such misconduct on good order and
discipline for purposes of the safe-to-report policy.
``(d) Tracking of Collateral Misconduct Incidents.--In conjunction
with the issuance of the policy under subsection (a), the Commandant
shall develop and implement a process to anonymously track incidents of
minor collateral misconduct that are subject to the safe-to-report
policy.
``(e) Minor Collateral Misconduct Defined.--In this section, the
term `minor collateral misconduct' means any minor misconduct that is
potentially punishable under chapter 47 of title 10 that--
``(1) is committed close in time to or during a sexual
assault and directly related to the incident that formed the
basis of the allegation of sexual assault allegation;
``(2) is discovered as a direct result of the report of
sexual assault or the ensuing investigation into such sexual
assault; and
``(3) does not involve aggravating circumstances (as
specified in the policy issued under subsection (a)) that
increase the gravity of the minor misconduct or the impact of
such misconduct on good order and discipline.''.
(b) Clerical Amendment.--The analysis for chapter 19 of title 14,
United States Code, is further amended by inserting after the item
relating to section 1908 (as added by this Act) the following:
``1909. Safe-to-Report policy for Coast Guard.''.
SEC. 406. MODIFICATION OF REPORTING REQUIREMENTS ON COVERED MISCONDUCT
IN COAST GUARD.
(a) Assessment of Policy on Covered Misconduct.--Section 1902 of
title 14, United States Code, is further amended--
(1) in the section heading by striking ``Policy on sexual
harassment and sexual violence'' and inserting ``Academy policy
and report on covered misconduct''; and
(2) by striking subsections (c) through (e) and inserting
the following:
``(c) Assessment.--
``(1) In general.--The Commandant shall direct the
Superintendent of the Coast Guard Academy to conduct at the
Coast Guard Academy during each Academy program year an
assessment to determine the effectiveness of the policies of
the Academy with respect to covered misconduct involving cadets
or other military or civilian personnel of the Academy.
``(2) Biennial survey.--For the assessment at the Academy
under paragraph (1) with respect to an Academy program year
that begins in an odd-numbered calendar year, the
Superintendent shall conduct a survey of cadets and other
military and civilian personnel of the Academy--
``(A) to measure the incidence, during such program
year--
``(i) of covered misconduct events, on or
off the Academy campus, that have been reported
to an official of the Academy;
``(ii) of covered misconduct events, on or
off the Academy campus, that have not been
reported to an official of the Academy; and
``(iii) of retaliation related to a report
of a covered misconduct event, on or off the
Academy campus; and
``(B) to assess the perceptions of the cadets and
other military and civilian personnel of the Academy
with respect to--
``(i) the Academy's policies, training, and
procedures on covered misconduct involving
cadets and other military and civilian
personnel of the Academy;
``(ii) the enforcement of such policies;
``(iii) the incidence of covered misconduct
involving cadets and other military and
civilian personnel of the Academy; and
``(iv) any other issues relating to covered
misconduct involving cadets and other military
and civilian personnel of the Academy.
``(d) Report.--
``(1) In general.--Not earlier than 1 year after the date
of the enactment of the Coast Guard Authorization Act of 2024,
and each March 1 thereafter through March 1, 2031, the
Commandant shall direct the Superintendent to submit to the
Commandant a report on incidents of covered misconduct and
retaliation for reporting of covered misconduct involving
cadets or other military and civilian personnel of the Academy.
``(2) Elements.--
``(A) In general.--Each report required under
paragraph (1) shall include the following:
``(i) Information and data on all incidents
of covered misconduct and retaliation described
in paragraph (1) reported to the Superintendent
or any other official of the Academy during the
preceding Academy program year (referred to in
this subsection as a `reported incident'),
``(ii) The number of reported incidents
committed against a cadet or any other military
or civilian personnel of the Academy.
``(iii) The number of reported incidents
committed by a cadet or any other military or
civilian personnel of the Academy.
``(iv) Information on reported incidents,
in accordance with the policy prescribed under
section 549G(b) of the National Defense
Authorization Act for Fiscal Year 2022 (10
U.S.C. 1561 note), to the maximum extent
practicable.
``(v) The number of reported incidents that
were entered into the Catch a Serial Offender
system, including the number of such incidents
that resulted in the identification of a
potential or confirmed match.
``(vi) The number of reported incidents
that were substantiated (referred to in this
subsection as a `substantiated reported
incident').
``(vii) A synopsis of each substantiated
reported incident that includes--
``(I) a brief description of the
nature of the incident;
``(II) whether the accused cadet or
other military or civilian personnel of
the Academy had previously been
convicted of sexual assault; and
``(III) whether alcohol or other
controlled or prohibited substances
were involved in the incident, and a
description of the involvement.
``(viii) The type of case disposition
associated with each substantiated reported
incident, such as--
``(I) conviction and sentence by
court-martial, including charges and
specifications for which convicted;
``(II) acquittal of all charges at
court-martial;
``(III) as appropriate, imposition
of a nonjudicial punishment under
section 815 of title 10 (article 15 of
the Uniform Code of Military Justice);
``(IV) as appropriate,
administrative action taken, including
a description of each type of such
action imposed;
``(V) dismissal of all charges,
including a description of each reason
for dismissal and the stage at which
dismissal occurred; and
``(VI) whether the accused cadet or
other military or civilian personnel of
the Academy was administratively
separated or, in the case of an
officer, allowed to resign in lieu of
court-martial, and the characterization
(honorable, general, or other than
honorable) of the service of the
military member upon separation or
resignation.
``(ix) With respect to any incident of
covered misconduct involving cadets or other
military and civilian personnel of the Academy
reported to the Superintendent or any other
official of the Academy during the preceding
Academy program year that involves a report of
retaliation relating to the incident--
``(I) a narrative description of
the retaliation claim;
``(II) the nature of the
relationship between the complainant
and the individual accused of
committing the retaliation; and
``(III) the nature of the
relationship between the individual
accused of committing the covered
misconduct and the individual accused
of committing the retaliation.
``(x) With respect to any investigation of
a reported incident--
``(I) whether the investigation is
in open or completed status;
``(II) an identification of the
investigating entity;
``(III) whether a referral has been
made to outside law enforcement
entities;
``(IV) in the case of an
investigation that is complete, a
description of the results of such an
investigation and information with
respect to whether the results of the
investigation were provided to the
complainant; and
``(V) whether the investigation
substantiated an offense under chapter
47 of title 10 (the Uniform Code of
Military Justice).
``(B) Format.--With respect to the information and
data required under subparagraph (A), the Commandant
shall report such information and data separately for
each type of covered misconduct offense, and shall not
aggregate the information and data for multiple types
of covered misconduct offenses.
``(3) Trends.--Subject to subsection (f), beginning on the
date of enactment of the Coast Guard Authorization Act of 2024,
each report required under paragraph (1) shall include an
analysis of trends in incidents described in paragraph (1), as
applicable, since the date of the enactment of the Coast Guard
and Maritime Transportation Act of 2012 (Public Law 112-213).
``(4) Response.--Each report required under paragraph (1)
shall include, for the preceding Academy program year, a
description of the policies, procedures, processes,
initiatives, investigations (including overarching
investigations), research, or studies implemented by the
Commandant in response to any incident described in paragraph
(1) involving a cadet or any other military or civilian
personnel of the Academy.
``(5) Plan.--Each report required under paragraph (1) shall
include a plan for actions to be taken during the year
following the Academy program year covered by the report to
enhance the prevention of and response to incidents of covered
misconduct and retaliation for reporting of covered misconduct
involving cadets or other military or civilian personnel of the
Academy.
``(6) Covered misconduct prevention and response
activities.--Each report required under paragraph (1) shall
include an assessment of the adequacy of covered misconduct
prevention and response carried out by the Academy during the
preceding Academy program year.
``(7) Contributing factors.--Each report required under
paragraph (1) shall include, for incidents of covered
misconduct and retaliation for reporting of covered misconduct
involving cadets or other military or civilian personnel of the
Academy--
``(A) an analysis of the factors that may have
contributed to such incidents;
``(B) an assessment of the role of such factors in
contributing to such incidents during such Academy
program year; and
``(C) recommendations for mechanisms to eliminate
or reduce such contributing factors.
``(8) Biennial survey.--Each report under paragraph (1) for
an Academy program year that begins in an odd-numbered calendar
year shall include the results of the survey conducted under
subsection (c)(2) in such Academy program year.
``(9) Focus groups.--For each Academy program year with
respect to which the Superintendent is not required to conduct
a survey at the Academy under subsection (c)(2), the Commandant
shall require focus groups to be conducted at the Academy for
the purpose of ascertaining information relating to covered
misconduct issues at the Academy.
``(10) Submission of report; briefing.--
``(A) Submission.--Not later than 270 days after
the date on which the Commandant receives a report from
the Superintendent under paragraph (1), 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, as an enclosure or appendix to the
report required by section 5112--
``(i) the report of the Superintendent;
``(ii) the comments of the Commandant with
respect to the report; and
``(iii) relevant information gathered
during a focus group under subparagraph (A)
during the Academy program year covered by the
report, as applicable.
``(B) Briefing.--Not later than 180 days after the
date on which the Commandant submits a report under
subparagraph (A), the Commandant shall provide a
briefing on the report submitted under subparagraph (A)
to--
``(i) the Committee on Commerce, Science,
and Transportation of the Senate and the
Committee on Transportation and Infrastructure
of the House of Representatives; and
``(ii) the Secretary of Homeland Security.
``(e) Victim Confidentiality.--To the extent that information
collected or reported under the authority of this section, such
information shall be provided in a form that is consistent with
applicable privacy protections under Federal law and does not
jeopardize the confidentiality of victims.
``(f) Continuity of Data and Reporting.--In carrying out this
section, the Commandant shall ensure the continuity of data collection
and reporting such that the ability to analyze trends is not
compromised.''.
(b) Covered Misconduct in Coast Guard.--Section 5112 of title 14,
United States Code, is amended to read as follows:
``Sec. 5112. Covered misconduct in Coast Guard
``(a) In General.--Not later than March 1 each year, 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 incidents of covered
misconduct involving members of the Coast Guard, including recruits and
officer candidates, and claims of retaliation related to the reporting
of any such incident.
``(b) Continuity of Data and Reporting.--In carrying out this
section, the Commandant shall ensure the continuity of data collection
and reporting such that the ability to analyze trends is not
compromised.
``(c) Contents.--
``(1) Incidents involving members.--
``(A) Information and data.--
``(i) In general.--Each report required
under subsection (a) shall include, for the
preceding calendar year, information and data
on--
``(I) incidents of covered
misconduct; and
``(II) incidents of retaliation
against a member of the Coast Guard
related to the reporting of covered
misconduct, disaggregated by type of
retaliation claim.
``(ii) Inclusions.--The information and
data on the incidents described in clause (i)
shall include the following:
``(I) All incidents of covered
misconduct and retaliation described in
clause (i) reported to the Commandant
or any other official of the Coast
Guard during the preceding calendar
year (referred to in this subsection as
a `reported incident').
``(II) The number of reported
incidents committed against members of
the Coast Guard.
``(III) The number of reported
incidents committed by members of the
Coast Guard.
``(IV) Information on reported
incidents, in accordance with the
policy prescribed under section 549G(b)
of the National Defense Authorization
Act for Fiscal Year 2022 (10 U.S.C.
1561 note), to the maximum extent
practicable.
``(V) The number of reported
incidents that were entered into the
Catch a Serial Offender system,
including the number of such incidents
that resulted in the identification of
a potential or confirmed match.
``(VI) The number of reported
incidents that were substantiated
(referred to in this subsection as a
`substantiated reported incident').
``(VII) A synopsis of each
substantiated reported incident that
includes--
``(aa) a brief description
of the nature of the incident;
``(bb) whether the accused
member has previously been
convicted of sexual assault;
and
``(cc) whether alcohol or
other controlled or prohibited
substances were involved in the
incident, and a description of
the involvement.
``(VIII) The type of case
disposition associated with each
substantiated reported incident, such
as--
``(aa) conviction and
sentence by court-martial,
including charges and
specifications for which
convicted;
``(bb) acquittal of all
charges at court-martial;
``(cc) as appropriate,
imposition of a nonjudicial
punishment under section 815 of
title 10 (article 15 of the
Uniform Code of Military
Justice);
``(dd) as appropriate,
administrative action taken,
including a description of each
type of such action imposed;
``(ee) dismissal of all
charges, including a
description of each reason for
dismissal and the stage at
which dismissal occurred; and
``(ff) whether the accused
member was administratively
separated or, in the case of an
officer, allowed to resign in
lieu of court-martial, and the
characterization (honorable,
general, or other than
honorable) of the service of
the member upon separation or
resignation.
``(IX) With respect to any incident
of covered misconduct reported to the
Commandant or any other official of the
Coast Guard during the preceding
calendar year that involves a report of
retaliation relating to the incident--
``(aa) a narrative
description of the retaliation
claim;
``(bb) the nature of the
relationship between the
complainant and the individual
accused of committing the
retaliation; and
``(cc) the nature of the
relationship between the
individual accused of
committing the covered
misconduct and the individual
accused of committing the
retaliation.
``(X) The disposition of or action
taken by the Coast Guard or any other
Federal, State, local, or Tribal entity
with respect to a substantiated
reported incident.
``(XI) With respect to any
investigation of a reported incident--
``(aa) the status of the
investigation or information
relating to any referral to
outside law enforcement
entities;
``(bb) the official or
office of the Coast Guard that
received the complaint;
``(cc) a description of the
results of such an
investigation or information
with respect to whether the
results of the investigation
were provided to the
complainant; or
``(dd) whether the
investigation substantiated an
offense under chapter 47 of
title 10 (the Uniform Code of
Military Justice).
``(iii) Format.--With respect to the
information and data required under clause (i),
the Commandant shall report such information
and data separately for each type of covered
misconduct offense, and shall not aggregate the
information and data for multiple types of
covered misconduct offenses.
``(B) Trends.--Subject to subsection (b), beginning
on the date of enactment of the Coast Guard
Authorization Act of 2024, each report required by
subsection (a) shall include, for the preceding
calendar year, an analysis or assessment of trends in
the occurrence, as applicable, of incidents described
in subparagraph (A)(i), since the date of enactment of
the Coast Guard and Maritime Transportation Act of 2012
(Public Law 112-213).
``(C) Response.--Each report required under
subsection (a) shall include, for the preceding
calendar year, a description of the policies,
procedures, processes, initiatives, investigations
(including overarching investigations), research, or
studies implemented by the Commandant in response to
any incident described in subparagraph (A)(i) involving
a member of the Coast Guard.
``(D) Plan.--Each report required under subsection
(a) shall include a plan for actions to be taken during
the year following the year covered by the report to
enhance the prevention of and response to incidents
described in subparagraph (A)(i) involving members of
the Coast Guard.
``(E) Covered misconduct prevention and response
activities.--Each report required under subsection (a)
shall include an assessment of the adequacy of covered
misconduct prevention and response activities related
to incidents described in subparagraph (A)(i) carried
out by the Coast Guard during the preceding calendar
year.
``(F) Contributing factors.--Each report required
under subsection (a) shall include, for incidents
described in subparagraph (A)(i)--
``(i) an analysis of the factors that may
have contributed to such incidents;
``(ii) an assessment of the role of such
factors in contributing to such incidents
during such year; and
``(iii) recommendations for mechanisms to
eliminate or reduce such contributing factors.
``(2) Incidents involving recruits and officer
candidates.--
``(A) Information and data.--
``(i) In general.--Subject to subsection
(b), each report required under subsection (a)
shall include, as a separate appendix or
enclosure, for the preceding calendar year,
information and data on--
``(I) incidents of covered
misconduct involving a recruit of the
Coast Guard at Training Center Cape May
or an officer candidate at the Coast
Guard Officer Candidate School; and
``(II) incidents of retaliation
against such a recruit or officer
candidate related to the reporting of
covered misconduct, disaggregated by
type of retaliation claim.
``(ii) Inclusions.--
``(I) In general.--The information
and data on the incidents described in
clause (i) shall include the following:
``(aa) All incidents of
covered misconduct and
retaliation described in clause
(i) reported to the Commandant
or any other official of the
Coast Guard during the
preceding calendar year
(referred to in this subsection
as a `reported incident').
``(bb) The number of
reported incidents committed
against recruits and officer
candidates described in clause
(i)(I).
``(cc) The number of
reported incidents committed by
such recruits and officer
candidates.
``(dd) Information on
reported incidents, in
accordance with the policy
prescribed under section
549G(b) of the National Defense
Authorization Act for Fiscal
Year 2022 (10 U.S.C. 1561
note), to the maximum extent
practicable.
``(ee)(AA) The number of
reported incidents that were
entered into the Catch a Serial
Offender system.
``(BB) Of such
reported incidents
entered into such
system, the number that
resulted in the
identification of a
potential or confirmed
match.
``(ff) The number of
reported incidents that were
substantiated (referred to in
this subsection as a
`substantiated reported
incident').
``(gg) A synopsis of each
substantiated reported incident
that includes--
``(AA) a brief
description of the
nature of the incident;
and
``(BB) whether
alcohol or other
controlled or
prohibited substances
were involved in the
incident, and a
description of the
involvement.
``(hh) The type of case
disposition associated with
each substantiated reported
incident, such as--
``(AA) conviction
and sentence by court-
martial, including
charges and
specifications for
which convicted;
``(BB) acquittal of
all charges at court-
martial;
``(CC) as
appropriate, imposition
of a nonjudicial
punishment under
section 815 of title 10
(article 15 of the
Uniform Code of
Military Justice);
``(DD) as
appropriate,
administrative action
taken, including a
description of each
type of such action
imposed;
``(EE) dismissal of
all charges, including
a description of each
reason for dismissal
and the stage at which
dismissal occurred; and
``(FF) whether the
accused member was
administratively
separated or, in the
case of an officer,
allowed to resign in
lieu of court-martial,
and the
characterization
(honorable, general, or
other than honorable)
of the service of the
member upon separation
or resignation.
``(ii) With respect to any
incident of covered misconduct
involving recruits or officer
candidates reported to the
Commandant or any other
official of the Coast Guard
during the preceding calendar
year that involves a report of
retaliation relating to the
incident--
``(AA) a narrative
description of the
retaliation claim;
``(BB) the nature
of the relationship
between the complainant
and the individual
accused of committing
the retaliation; and
``(CC) the nature
of the relationship
between the individual
accused of committing
the covered misconduct
and the individual
accused of committing
the retaliation.
``(jj) The disposition of
or action taken by the Coast
Guard or any other Federal,
State, local, or Tribal entity
with respect to a substantiated
reported incident.
``(kk) With respect to any
investigation of a reported
incident--
``(AA) the status
of the investigation or
information relating to
any referral to outside
law enforcement
entities;
``(BB) the official
or office of the Coast
Guard that received the
complaint;
``(CC) a
description of the
results of such an
investigation or
information with
respect to whether the
results of the
investigation were
provided to the
complainant; or
``(DD) whether the
investigation
substantiated an
offense under chapter
47 of title 10 (the
Uniform Code of
Military Justice).
``(II) Format.--With respect to the
information and data required under
clause (i), the Commandant shall report
such information and data separately
for each type of covered misconduct
offense, and shall not aggregate the
information and data for multiple types
of covered misconduct offenses.
``(B) Trends.--Subject to subsection (b), beginning
on the date of enactment of Coast Guard Authorization
Act of 2024, each report required by subsection (a)
shall include, for the preceding calendar year, an
analysis or assessment of trends in the occurrence, as
applicable, of incidents described in subparagraph
(A)(i), since the date of enactment of the Coast Guard
and Maritime Transportation Act of 2012 (Public Law
112-213).
``(C) Response.--Each report required under
subsection (a) shall include, for the preceding
calendar year, a description of the policies,
procedures, processes, initiatives, investigations
(including overarching investigations), research, or
studies implemented by the Commandant in response to
any incident described in subparagraph (A)(i)
involving--
``(i) a recruit of the Coast Guard at
Training Center Cape May; or
``(ii) an officer candidate at the Coast
Guard Officer Candidate School.
``(D) Plan.--Each report required under subsection
(a) shall include a plan for actions to be taken during
the year following the year covered by the report to
enhance the prevention of and response to incidents
described in subparagraph (A)(i) involving a recruit of
the Coast Guard at Training Center Cape May or an
officer candidate at the Coast Guard Officer Candidate
School.
``(E) Covered misconduct prevention and response
activities.--Each report required under subsection (a)
shall include an assessment of the adequacy of covered
misconduct prevention and response activities related
to incidents described in subparagraph (A)(i) of this
paragraph carried out by the Coast Guard during the
preceding calendar year.
``(F) Contributing factors.--Each report required
under subsection (a) shall include, for incidents
described in subparagraph (A)(i)--
``(i) an analysis of the factors that may
have contributed to such incidents;
``(ii) an assessment of the role of such
factors in contributing to such incidents
during such year; and
``(iii) recommendations for mechanisms to
eliminate or reduce such contributing factors.
``(3) Implementation status of accountability and
transparency review directed actions.--Each report required
under subsection (a) submitted during the 5-year period
beginning on March 1, 2025, shall include information on the
implementation by the Commandant of the directed actions
described in the memorandum of the Coast Guard titled
`Commandant's Directed Actions--Accountability and
Transparency', issued on November 27, 2023, including--
``(A) a description of actions taken to address
each directed action during the year covered by the
report;
``(B) the implementation status of each directed
action;
``(C) in the case of any directed action that has
not been implemented--
``(i) a detailed action plan for
implementation of the recommendation;
``(ii) an estimated timeline for
implementation of the recommendation;
``(iii) description of changes the
Commandant intends to make to associated Coast
Guard policies so as to enable the
implementation of the recommendation; and
``(iv) any other information the Commandant
considers appropriate;
``(D) a description of the metrics and milestones
used to measure completion, accountability, and
effectiveness of each directed action;
``(E) a description of any additional actions the
Commandant is taking to mitigate instances of covered
misconduct within the Coast Guard;
``(F) any legislative change proposal necessary to
implement the directed actions; and
``(G) a detailed list of funding necessary to
implement the directed actions in a timely and
effective manner, including a list of personnel needed
for such implementation.
``(d) Victim Confidentiality.--To the extent that information
collected under the authority of this section is reported or otherwise
made available to the public, such information shall be provided in a
form that is consistent with applicable privacy protections under
Federal law and does not jeopardize the confidentiality of victims.
``(e) Substantiated Defined.--In this section, the term
`substantiated' has the meaning given the term under section 1631(c) of
the Ike Skelton National Defense Authorization Act for Fiscal Year 2011
(10 U.S.C. 1561 note).''.
(c) Clerical Amendments.--
(1) Chapter 19.--The table of sections for chapter 19 of
title 14, United States Code, is amended by striking the item
relating to section 1902 and inserting the following new item:
``1902. Academy policy and report on covered misconduct.''.
(2) Chapter 51.--The table of sections for chapter 51 of
title 14, United States Code, is amended by striking the item
relating to section 5112 and inserting the following new item:
``5112. Covered misconduct in the Coast Guard.''.
SEC. 407. MODIFICATIONS TO THE OFFICER INVOLUNTARY SEPARATION PROCESS.
(a) Review of Records.--Section 2158 of title 14, United States
Code, is amended in the matter preceding paragraph (1) by striking
``may at any time convene a board of officers'' and inserting ``shall
prescribe, by regulation, procedures''.
(b) Boards of Inquiry.--Section 2159(c) of such title is amended by
striking ``send the record of its proceedings to a board of review''
and inserting ``recommend to the Secretary that the officer not be
retained on active duty''.
(c) Repeal of Boards of Review.--Section 2160 of title 14, United
States Code, is repealed.
(d) Technical and Conforming Amendments.--
(1) Title 14, United States Code, is amended--
(A) in section 2161 by striking ``section 2158,
2159, or 2160'' each place it appears and inserting
``section 2158 or 2159'';
(B) in section 2163, in the first sentence by
striking ``board of review under section 2160 of this
title'' and inserting ``board of inquiry under section
2159 of this title''; and
(C) in section 2164(a), in the matter preceding
paragraph (1) by striking ``or 2160''.
(2) The analysis at the beginning of chapter 21 of title
14, United States Code, is amended by striking the item
relating to section 2160.
SEC. 408. REVIEW OF DISCHARGE CHARACTERIZATION.
(a) In General.--Subchapter I of chapter 25 of title 14, United
States Code, is further amended by adding at the end the following:
``Sec. 2518. Review of discharge characterization
``(a) Downgrade.--
``(1) In general.--The decision to conduct a case review
under this section shall be at the discretion of the Secretary
of the department in which the Coast Guard is operating.
``(2) Board of review.--In addition to the requirements of
section 1553 of title 10, a board of review for a former member
of the Coast Guard established pursuant to such section and
under part 51 of title 33, Code of Federal Regulations (as in
effect on the date of enactment of the Coast Guard
Authorization Act of 2024), may upon a motion of the board and
subject to review by the Secretary of the department in which
the Coast Guard is operating, downgrade an honorable discharge
to a general (under honorable conditions) discharge upon a
finding that a former member of the Coast Guard, while serving
on active duty as a member of the Armed Forces, committed
sexual assault or sexual harassment in violation of section
920, 920b, or 934 of title 10 (article 120, 120b, or 134 of the
Uniform Code of Military Justice).
``(3) Evidence.--Any downgrade under paragraph (2) shall be
supported by clear and convincing evidence.
``(4) Limitation.--The review board under paragraph (2) may
not downgrade a discharge of a former member of the Coast Guard
if the same action described in paragraph (2) was considered
prior to separation from active duty by an administrative board
in determining the characterization of discharge as otherwise
provided by law and in accordance with regulations prescribed
by the Secretary of the department in which the Coast Guard is
operating.
``(b) Procedural Rights.--
``(1) In general.--A review by a board established under
section 1553 of title 10 and under part 51 of title 33, Code of
Federal Regulations (as in effect on the date of enactment of
the Coast Guard Authorization Act of 2024), shall be based on
the records of the Coast Guard, and with respect to a member
who also served in another one of the Armed Forces, the records
of the Armed Forces concerned and such other evidence as may be
presented to the board.
``(2) Evidence by witness.--A witness may present evidence
to the board in person or by affidavit.
``(3) Appearance before board.--A person who requests a
review under this section may appear before the board in person
or by counsel or an accredited representative of an
organization recognized by the Secretary of Veterans Affairs
under chapter 59 of title 38.
``(4) Notification.--A former member of the Coast Guard who
is subject to a downgrade in discharge characterization review
under subsection (b)(3) shall be notified in writing of such
proceedings, afforded the right to obtain copies of records and
documents relevant to the proceedings, and the right to appear
before the board in person or by counsel or an accredited
representative of an organization recognized by the Secretary
of Veterans Affairs under chapter 59 of title 38.''.
(b) Rulemaking.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Commandant shall initiate a
rulemaking to implement this section.
(2) Deadline for regulations.--The regulations issued under
paragraph (1) shall take effect not later than 180 days after
the date on which the Commandant promulgates a final rule
pursuant to such paragraph.
(c) Clerical Amendment.--The analysis for chapter 25 of title 14,
United States Code, is further amended by inserting after the item
relating to section 2517 (as added by this Act) the following:
``2518. Review of discharge characterization.''.
SEC. 409. CONVICTED SEX OFFENDER AS GROUNDS FOR DENIAL.
Section 7511(a) of title 46, United States Code, is amended--
(1) in paragraph (1) by striking ``or'';
(2) in paragraph (2) by striking ``State, local, or Tribal
law'' and inserting ``Federal, State, local, or Tribal law'';
(3) by redesignating paragraph (2) as paragraph (3); and
(4) by inserting after paragraph (1) the following:
``(2) section 920 or 920b of title 10 (article 120 and 120b
of the Uniform Code of Military Justice); or''.
SEC. 410. DEFINITION OF COVERED MISCONDUCT.
(a) In General.--Subchapter I of chapter 25 of title 14, United
States Code, is further amended by adding at the end the following:
``Sec. 2519. Covered misconduct defined
``In this title, the term `covered misconduct' means--
``(1) rape and sexual assault, as described in sections
920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of
the Uniform Code of Military Justice);
``(2) sexual harassment, as described in Executive Order
14062 dated January 26, 2022, and enumerated under section 934
of title 10 (article 134 of the Uniform Code of Military
Justice);
``(3) abusive sexual contact and aggravated sexual contact,
as described in sections 920(c) and 920(d) of title 10
(articles 120(c) and 120(d) of the Uniform Code of Military
Justice);
``(4) wrongful broadcast, dissemination, or creation of
content as described in sections 917 and 920c of title 10
(articles 117a and 120c of the Uniform Code of Military
Justice);
``(5) the child pornography offenses as described in
section 934 of title 10 (article 134 of the Uniform Code of
Military Justice);
``(6) rape and sexual assault of a child, other sexual
misconduct, and stalking, as described in sections 920b,
920c(a), and 930 of title 10 (articles 120b, 120c, and 130 of
the Uniform Code of Military Justice); and
``(7) domestic violence, as described in section 928b of
title 10 (article 128b of the Uniform Code of Military
Justice).''.
(b) Clerical Amendment.--The analysis for chapter 25 of title 14,
United States Code, is amended by inserting after the item relating to
section 2518 the following:
``2519. Covered misconduct defined.''.
SEC. 411. NOTIFICATION OF CHANGES TO UNIFORM CODE OF MILITARY JUSTICE
OR MANUAL FOR COURTS MARTIAL RELATING TO COVERED
MISCONDUCT.
(a) In General.--Chapter 51 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 5116. Notification of changes to Uniform Code of Military
Justice or Manual for Courts Martial relating to covered
misconduct
``Beginning on March 30, 2026, and annually thereafter, the
Commandant shall notify the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives with respect to each of
the following:
``(1) Whether the Uniform Code of Military Justice (chapter
47 of title 10) has been amended--
``(A) to add any sex-related offense as a new
article; or
``(B) to remove an article relating to covered
misconduct described in any of paragraphs (1) through
(7) of section 301.
``(2) Whether the Manual for Courts Martial has been
modified--
``(A) to add any sex-related offense as an offense
described under an article of the Uniform Code of
Military Justice; or
``(B) to remove as an offense described under an
article of the Uniform Code of Military Justice covered
misconduct described in any of paragraphs (1) through
(7) of section 301.''.
(b) Clerical Amendment.--The analysis for chapter 51 of title 14,
United States Code, is amended by adding at the end the following:
``5116. Notification of changes to Uniform Code of Military Justice Or
Manual for Courts Martial relating to
covered misconduct.''.
SEC. 412. COMPLAINTS OF RETALIATION BY VICTIMS OF SEXUAL ASSAULT OR
SEXUAL HARASSMENT AND RELATED PERSONS.
Section 1562a of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary of Defense shall''
and inserting the following:
``(1) In general.--The Secretary of Defense shall''; and
(B) by adding at the end the following:
``(2) Coast guard.--The Secretary of the department in
which the Coast Guard is operating shall designate the
Commandant of the Coast Guard to be responsible for carrying
out the requirements of this section with respect to members of
the Coast Guard when the Coast Guard is not operating as a
service in the Navy.'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1) by
inserting ``and the Commandant of the Coast Guard''
after ``Secretary'';
(B) in paragraph (8) by inserting before the period
at the end ``or with respect to the Coast Guard, the
component designated by the Commandant of the Coast
Guard''; and
(C) in paragraph (4) by striking ``Department of
Defense''; and
(3) in subsection (c)(2)--
(A) in subparagraph (A) by inserting ``, the
Inspector General of the Department of Homeland
Security,'' before ``or any other inspector general'';
(B) in subparagraph (D) by striking ``military''
and inserting ``armed force''; and
(C) in subparagraph (E) by inserting ``or
department in which the Coast Guard is operating when
not operating as a service in the Navy for members of
the Coast Guard'' after ``Department of Defense''.
SEC. 413. DEVELOPMENT OF POLICIES ON MILITARY PROTECTIVE ORDERS.
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Commandant shall issue updated
policies of the Coast Guard relating to military protective
orders that are consistent with the law and policies of the
Department of Defense.
(2) Elements.--The policies developed under paragraph (1)
shall require--
(A) that any denial of a request for a military
protective order shall include a written explanation
for the denial, which shall be--
(i) forwarded to the next flag officer in
the chain of command of the commanding officer
or other approving authority who denied the
request; and
(ii) provided to the member who submitted
the request; and
(B) the recusal of an approving authority from
participating in the granting or denying of a military
protective order, if such authority was, at any time--
(i) the subject of a complaint of any form
of assault, harassment, or retaliation filed by
the member requesting the military protective
order or the member who is the subject of the
military protective order; or
(ii) associated with the member requesting
the military protective order or the member who
is the subject of the military protective order
in a manner that presents as an actual or
apparent conflict of interest.
(3) Notification requirement.--The Commandant shall develop
a policy to ensure that sexual assault response coordinators,
victim advocates, and other appropriate personnel shall inform
victims of the process by which the victim may request an
expedited transfer, a no-contact order, or a military or
civilian protective order.
SEC. 414. COAST GUARD IMPLEMENTATION OF INDEPENDENT REVIEW COMMISSION
RECOMMENDATIONS ON ADDRESSING SEXUAL ASSAULT AND SEXUAL
HARASSMENT IN THE MILITARY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall review the report of the
Independent Review Commission titled ``Hard Truths and the Duty to
Change: Recommendations from the Independent Review Commission on
Sexual Assault in the Military'' referred to in the memorandum of the
Department of Defense titled ``Memorandum for Senior Pentagon
Leadership Commanders of the Combatant Commands Defense Agency and DoD
Field Activity Directors'', dated September 22, 2021, (relating to
commencing Department of Defense actions and implementation of the
recommendations of the Independent Review Commission to address sexual
assault and sexual harassment in the military).
(b) Strategy and Action Plan.--On completion of the review required
under subsection (a), and not later than 1 year after the date of
enactment of this Act, 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
strategy and action plan that--
(1)(A) identifies any recommendation set forth in the
report by the Independent Review Commission described in
subsection (a) that addresses a matter that is not within the
jurisdiction of the Coast Guard, does not apply to the Coast
Guard, or otherwise would not be beneficial to members of the
Coast Guard, as determined by the Commandant; and
(B) includes a brief rationale for such
determination; and
(2) with respect to each recommendation set forth in such
report that is not identified under paragraph (1), includes--
(A)(i) a detailed action plan for implementation of
the recommendation;
(ii) a description of changes the
Commandant will make to associated Coast Guard
policies so as to enable the implementation of
the recommendation;
(iii) an estimated timeline for
implementation of the recommendation;
(iv) the estimated cost of the
implementation;
(v) legislative proposals for such
implementation, as appropriate; and
(vi) any other information the Commandant
considers appropriate; or
(B) in the case of such a recommendation that the
Commandant is unable to implement, an explanation of
the reason the recommendation cannot be implemented.
(c) Briefing.--Not later than 90 days after the date of enactment
of this Act, and every 180 days thereafter through 2028, the Commandant
shall provide the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives with a briefing on the status of the
implementation of this section and any modification to the strategy and
plan submitted under subsection (b).
SEC. 415. POLICY RELATING TO CARE AND SUPPORT OF VICTIMS OF COVERED
MISCONDUCT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall issue Coast Guard policy
relating to the care and support of members of the Coast Guard who are
alleged victims of covered misconduct.
(b) Elements.--The policy required by subsection (a) shall require,
to the maximum extent practicable, that--
(1) a member of the Coast Guard who is an alleged victim of
covered misconduct and discloses such covered misconduct to the
appropriate individual of the Coast Guard responsible for
providing victim care and support--
(A) shall receive care and support from such
individual; and
(B) such individual shall not deny or unreasonably
delay providing care and support; and
(2) in the case of such an alleged victim to whom care and
support cannot be provided by the appropriate individual
contacted by the alleged victim based on programmatic
eligibility criteria or any other reason that affects the
ability of such appropriate individual to provide care and
support (such as being stationed at a remote unit or serving on
a vessel currently underway) the alleged victim shall receive,
with the permission of the alleged victim--
(A) an in-person introduction to appropriate
service providers, for which the alleged victim is
physically present, which shall occur at the discretion
of the alleged victim; and
(B) access to follow-up services from the
appropriate 1 or more service providers.
(c) Applicability.--The policy issued under subsection (a) shall
apply to--
(1) all Coast Guard personnel responsible for the care and
support of victims of covered misconduct; and
(2) any other Coast Guard personnel the Commandant
considers appropriate.
(d) Revision of Policy Relating to Domestic Abuse.--Not later than
180 days after the date of enactment of this Act, the Commandant shall
issue or revise any Coast Guard policy or process relating to domestic
abuse so as to define the term ``intimate partner'' to have the meaning
given such term in section 930 of title 10, United States Code.
(e) Training.--
(1) In general.--All Coast Guard personnel responsible for
the care and support of members of the Coast Guard who are
alleged victims of covered misconduct shall receive training in
accordance with professional standards of practice to ensure
that such alleged victims receive adequate care that is
consistent with the policy issued under subsection (a).
(2) Elements.--The training required by paragraph (1)--
(A) shall include--
(i) instructions on specific procedures for
implementing the policy issued under subsection
(a); and
(ii) information on resources and personnel
critical for the implementation of such policy;
and
(B) to the maximum extent practicable, shall be
provided in person.
(f) Covered Misconduct.--In this section, the term ``covered
misconduct'' shall have the meaning given such term in section 2519 of
title 14, United States Code (as added by this Act).
SEC. 416. ESTABLISHMENT OF SPECIAL VICTIM CAPABILITIES TO RESPOND TO
ALLEGATIONS OF CERTAIN SPECIAL VICTIM OFFENSES.
(a) In General.--Section 573 of the National Defense Authorization
Act for Fiscal Year 2013 (10 U.S.C. 1561 note) is amended--
(1) in subsection (a)--
(A) by inserting ``or the Secretary of the
department in which the Coast Guard is operating when
not operating as a service in the Navy'' after
``Secretary of Defense''; and
(B) by striking ``Secretary of each military
department'' and inserting ``Secretary concerned'';
(2) in subsection (b) by striking ``or Air Force Office of
Special Investigations'' and inserting ``, Air Force Office of
Special Investigations, or Coast Guard Investigative
Services'';
(3) in subsection (c) by inserting ``or the Secretary of
the department in which the Coast Guard is operating when not
operating as a service in the Navy'' after ``Secretary of
Defense'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) by inserting ``or the Commandant of the
Coast Guard'' after ``Secretary of a military
department''; and
(ii) by inserting ``or the Coast Guard''
after ``within the military department'';
(B) in paragraph (2) by inserting ``or the Coast
Guard'' after ``within a military department''; and
(5) by adding at the end the following:
``(h) Time for Establishment for Coast Guard.--Not later than 120
days after the date of enactment of the Coast Guard Authorization Act
of 2024, the Secretary of the department in which the Coast Guard is
operating, the Secretary 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 containing all the items described in subsections (e) and (f) as
applied to the Coast Guard.''.
(b) Briefing.--Not later than 270 days after the date of enactment
of this Act, the Commandant shall provide the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives with
a briefing on the Commandant's assessment and implementation, as
appropriate, of the recommendations included in the Center for Naval
Analyses report titled ``Assessing the USCG's Special Victims' Counsel
Program'', issued in June 2024, including--
(1) the implementation status of each adopted
recommendation, as appropriate;
(2) for each adopted recommendation, a description of
actions taken to implement such recommendation;
(3) in the case of an adopted recommendation that has not
been fully implemented--
(A) a description of actions taken or planned to
address such recommendation;
(B) an estimated completion date; and
(C) a description of the milestones necessary to
complete the recommendation;
(4) a description of any recommendation that will not be
adopted and an explanation of the reason the recommendation
will not be adopted;
(5) a description of the metrics and milestones used to
ensure completion and effectiveness of each adopted
recommendation;
(6) a description of any additional actions the Commandant
is taking to improve the efficiency and effectiveness of the
Special Victims' Counsel program of the Coast Guard;
(7) any legislative change proposal necessary to implement
the adopted recommendations; and
(8) an overview of any funding or resource necessary to
implement each adopted recommendation in a timely and effective
manner, including a list of personnel needed for such
implementation.
SEC. 417. MEMBERS ASSERTING POST-TRAUMATIC STRESS DISORDER, SEXUAL
ASSAULT, OR TRAUMATIC BRAIN INJURY.
Section 2516 of title 14, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``or has been sexually
assaulted during the preceding 2-year period'';
and
(ii) by striking ``or based on such sexual
assault, the influence of'' and inserting ``the
signs and symptoms of either'';
(B) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively;
(C) by inserting after paragraph (1) the following:
``(2) Mental, behavioral, or emotional disorder.--A member
of the Coast Guard who has been sexually assaulted during the
preceding 5-year period and who alleges, based on such sexual
assault, the signs and symptoms of a diagnosable mental,
behavioral, or emotional disorder described within the most
recent edition of the Diagnostic and Statistical Manual of
Mental Disorders published by the American Psychiatric
Association--
``(A) is provided the opportunity to request a
medical examination to clinically evaluate such signs
and symptoms; and
``(B) receives such a medical examination to
evaluate a diagnosis of post-traumatic stress disorder,
traumatic brain injury, or diagnosable mental,
behavioral, or emotional disorder described within the
most recent edition of the Diagnostic and Statistical
Manual of Mental Disorders published by the American
Psychiatric Association.'';
(D) in paragraph (3) by striking ``paragraph (1)''
and inserting ``this subsection''; and
(E) in paragraph (4), as so redesignated--
(i) by inserting ``or a diagnosable mental,
behavioral, or emotional disorder'' before
``under this subsection'';
(ii) by inserting ``performed by'' after
``shall be''; and
(iii) by striking subparagraphs (A) and (B)
and inserting the following:
``(A) a board-certified psychiatrist;
``(B) a licensed doctorate-level psychologist;
``(C) any other appropriate licensed or certified
healthcare professional designated by the Commandant;
or
``(D) a psychiatry resident or board-eligible
psychologist who--
``(i) has completed a 1-year internship or
residency; and
``(ii) is under the close supervision of a
board-certified psychiatrist or licensed
doctorate-level psychologist.'';
(2) in subsection (b) by inserting ``or a diagnosable
mental, behavioral, or emotional disorder'' after ``traumatic
brain injury''; and
(3) by adding at the end the following:
``(e) Notification of Right To Request Medical Examination.--
``(1) In general.--Any member of the Coast Guard who
receives a notice of involuntary administrative separation
shall be advised at the time of such notice of the right of the
member to request a medical examination under subsection (a) if
any condition described in such subsection applies to the
member.
``(2) Policy.--The Commandant shall--
``(A) develop and issue a clear policy for carrying
out the notification required under paragraph (1) with
respect to any member of the Coast Guard described in
that paragraph who has made an unrestricted report of
sexual assault; and
``(B) provide information on such policy to sexual
assault response coordinators of the Coast Guard for
the purpose of ensuring that such policy is
communicated to members of the Coast Guard who may be
eligible for a medical examination under this
section.''.
SEC. 418. PARTICIPATION IN CATCH A SERIAL OFFENDER PROGRAM.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating when not operating as a service in the Navy, acting
through the Commandant, shall ensure the participation of the Coast
Guard in the Catch a Serial Offender program (referred to in this
section as the ``CATCH program'') of the Department of Defense
established in accordance with section 543 of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113-291).
(b) Memorandum of Understanding.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of the department in
which the Coast Guard is operating and the Secretary of Defense shall
finalize a memorandum of agreement to facilitate Coast Guard access to
and participation in the CATCH program.
SEC. 419. ACCOUNTABILITY AND TRANSPARENCY RELATING TO ALLEGATIONS OF
MISCONDUCT AGAINST SENIOR LEADERS.
(a) In General.--Subchapter I of chapter 25 of title 14, United
States Code, is further amended by adding at the end the following:
``Sec. 2520. Accountability and transparency relating to allegations of
misconduct against senior leaders
``(a) In General.--Not later than 90 days after the date of
enactment of the Coast Guard Authorization Act of 2024, the Secretary
shall establish a policy to improve oversight, investigations,
accountability, and public transparency regarding alleged misconduct of
senior leaders of the Coast Guard.
``(b) Elements.--The policy required by subsection (a)--
``(1) shall require that--
``(A) any allegation of alleged misconduct made
against a senior leader of the Coast Guard shall be
reported to the Office of the Inspector General of the
department in which the Coast Guard is operating not
later than 72 hours after the allegation is reported to
the Coast Guard or the department in which the Coast
Guard is operating; and
``(B) the Inspector General of the department in
which the Coast Guard is operating shall notify the
head of the Coast Guard office in which the senior
leader is serving with respect to the receipt of such
allegation, or, in a case where the senior leader is
the head of such Coast Guard office, the next in the
chain of command, as appropriate, except in a case in
which the Inspector General determines that such
notification would risk impairing an ongoing
investigation, would unnecessarily compromise the
anonymity of the individual making the allegation, or
would otherwise be inappropriate; and
``(2) to the extent practicable, shall be consistent with
Department of Defense directives, including Department of
Defense Directive 5505.06.
``(c) First Right to Exclusive Investigation.--The Inspector
General of the department in which the Coast Guard is operating--
``(1) shall have the first right to investigate an
allegation described in subsection (b)(1)(A); and
``(2) in cases with concurrent jurisdiction involving an
allegation described in subsection (b)(1)(A), may investigate
such an allegation to the exclusion of any other Coast Guard
criminal or administrative investigation if the Inspector
General determines that an exclusive investigation is necessary
to maintain the integrity of the investigation.
``(d) Public Availability and Broad Dissemination.--The policy
established under subsection (a) shall be made available to the public
and incorporated into training and curricula across the Coast Guard at
all levels to ensure broad understanding of the policy among members
and personnel of the Coast Guard.
``(e) Definitions.--In this section:
``(1) Alleged misconduct.--The term `alleged misconduct'--
``(A) means a credible allegation that, if proven,
would constitute a violation of--
``(i) a provision of criminal law,
including the Uniform Code of Military Justice
(chapter 47 of title 10); or
``(ii) a recognized standard, such as the
Department of Defense Joint Ethics Regulation
or other Federal regulation, including any
other Department of Defense regulation and any
Department of Homeland Security regulation; or
``(B) could reasonably be expected to be of
significance to the Secretary or the Inspector General
of the department in which the Coast Guard is
operating, particularly in a case in which there is an
element of misuse of position or of unauthorized
personal benefit to the senior official, a family
member, or an associate.
``(2) Senior leader of the coast guard.--The term `senior
leader of the Coast Guard' means--
``(A) an active duty, retired, or reserve officer
of the Coast Guard in the grade of O-7 or higher;
``(B) an officer of the Coast Guard selected for
promotion to the grade of O-7;
``(C) a current or former civilian member of the
Senior Executive Service employed by the Coast Guard;
or
``(D) any civilian member of the Coast Guard whose
position is deemed equivalent to that of a member of
the Senior Executive Service, as determined by the
Office of the Inspector General of the department in
which the Coast Guard is operating, in concurrence with
the Secretary acting through the Commandant.''.
(b) Clerical Amendment.--The analysis for chapter 25 of title 14,
United States Code, is further amended by inserting after the item
relating to section 2519 (as added by this Act) the following:
``2520. Accountability and transparency relating to allegations of
misconduct against senior leaders.''.
SEC. 420. CONFIDENTIAL REPORTING OF SEXUAL HARASSMENT.
Section 1561b of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``and the Secretary of the
department in which the Coast Guard is operating when
not operating as a service in the Navy'' after
``Secretary of Defense''; and
(B) by inserting ``or the Commandant'' after
``Secretary of a military department'';
(2) in subsection (c)--
(A) by inserting ``or the Secretary of the
department in which the Coast Guard is operating when
not operating as a service in the Navy'' after
``Secretary of Defense''; and
(B) in paragraph (1) by inserting ``departments or
the Commandant'' after ``Secretaries of the military'';
and
(3) by adding at the end the following:
``(e) Reports for the Coast Guard.--
``(1) In general.--Not later than April 30, 2025, and April
30 every 2 years thereafter, the Secretary of the department in
which the Coast Guard is operating 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 containing data on the
complaints of sexual harassment alleged pursuant to the process
under subsection (a) during the previous 2 calendar years.
``(2) Personally identifiable information.--Any data on
complaints described in paragraph (1) shall not contain any
personally identifiable information.''.
SEC. 421. REPORT ON POLICY ON WHISTLEBLOWER PROTECTIONS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Commandant shall submit to the Committees on Commerce,
Science, and Transportation and Homeland Security and Governmental
Affairs of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the policy
of the Coast Guard on whistleblower protections.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A discussion of the policy of the Coast Guard as of the
date of enactment of this Act with respect to--
(A) whistleblower protections;
(B) accountability measures for reprisal against
whistleblowers;
(C) the applicable professional standards and
potential types of support provided to whistleblowers
by members of the Coast Guard personnel, such as the
members in the Coast Guard Investigative Service; and
(D) the content and frequency of training provided
to members of the Coast Guard on active duty, members
of the Coast Guard Reserve, and civilian personnel of
the Coast Guard with respect to the applicable
professional standards and potential types of support
offered to whistleblowers.
(2) A description of the responsibilities of commanders and
equivalent civilian supervisors with respect to whistleblower
complaints and measures used by the Coast Guard to ensure
compliance with such responsibilities, such as--
(A) the mechanisms to ensure that--
(i) any such commander complies with
section 1034 of title 10, United States Code,
including subsection (a)(1) of that section;
(ii) any such equivalent civilian
supervisor complies with section 2302 of title
5, United States Code; and
(iii) any such commander or supervisor
protects the constitutional right of
whistleblowers to speak with Members of
Congress;
(B) actions to be taken against any commander or
equivalent civilian supervisor who fails to act on a
whistleblower complaint or improperly interferes with a
whistleblower after a complaint is filed or during the
preparation of a complaint;
(C) the role of Coast Guard attorneys in ensuring
that such commanders comply with responsibilities under
section 1034 of title 10, United States Code; and
(D) the role of Coast Guard civilian attorneys and
administrative law judges in ensuring that such
civilian supervisors comply with responsibilities under
section 2302 of title 5, United States Code.
(3) A discussion of the availability of Coast Guard staff,
including civilian staff, assigned to providing, in accordance
with professional standards or practice, behavioral health care
to whistleblowers, including--
(A) the number and type of such staff;
(B) a description of the specific care
responsibilities of such staff;
(C) an identification of any limitation existing as
of the date of enactment of this Act to the provision
of such care;
(D) a description of any plan to increase capacity
of such staff to provide such care, as applicable; and
(E) a description of any additional resources
necessary to provide such care.
(4) An assessment of the manner in which the policies
discussed in paragraph (1), the responsibilities of commanders
and civilian supervisors described in paragraph (2), and the
availability of Coast Guard staff as discussed in paragraph (3)
apply specifically to cadets and leadership at the Coast Guard
Academy.
(5) Recommendations (including, as appropriate, proposed
legislative changes and a plan to publish in the Federal
Register not later than 180 days after the date of enactment of
this Act a request for information seeking public comment and
recommendations) of the Commandant regarding manners in which
Coast Guard policies and procedures may be strengthened--
(A) to prevent whistleblower discrimination and
harassment;
(B) to better enforce prohibitions on retaliation,
including reprisal, restriction, ostracism, and
maltreatment, set forth in section 1034 of title 10,
United States Code, and section 2302 of title 5, United
States Code; and
(C) to hold commanding officers and civilian
supervisors accountable for enforcing and complying
with prohibitions on any form of retaliation described
in such section.
SEC. 422. REVIEW AND MODIFICATION OF COAST GUARD ACADEMY POLICY ON
SEXUAL HARASSMENT AND SEXUAL VIOLENCE.
(a) In General.--The Superintendent of the Coast Guard Academy
(referred to in this section as the ``Superintendent'') shall--
(1) not later than 60 days after the date of the enactment
of this Act, commence a review of the Coast Guard Academy
policy on sexual harassment and sexual violence established in
accordance with section 1902 of title 14, United States Code,
that includes an evaluation as to whether any long-standing
Coast Guard Academy tradition, system, process, or internal
policy impedes the implementation of necessary evidence-
informed best practices followed by other military service
academies in prevention, response, and recovery relating to
sexual harassment and sexual violence; and
(2) not later than 180 days after the date of the enactment
of this Act--
(A) complete such review; and
(B) modify such policy in accordance with
subsection (b).
(b) Modifications to Policy.--In modifying the Coast Guard Academy
policy on sexual harassment and sexual violence referred to in
subsection (a), the Superintendent shall ensure that such policy
includes the following:
(1) Each matter required to be specified by section 1902(b)
of title 14, United States Code.
(2) Updates to achieve compliance with chapter 47 of title
10, United States Code (Uniform Code of Military Justice).
(3) A description of the roles and responsibilities of
staff of the Coast Guard Academy Sexual Assault Prevention,
Response, and Recovery program, including--
(A) the Sexual Assault Response Coordinator;
(B) the Victim Advocate Program Specialist;
(C) the Volunteer Victim Advocate; and
(D) the Primary Prevention Specialist, as
established under subsection (c).
(4) A description of the role of the Coast Guard
Investigative Service with respect to sexual harassment and
sexual violence prevention, response, and recovery at the Coast
Guard Academy.
(5) A description of the role of support staff at the Coast
Guard Academy, including chaplains, with respect to sexual
harassment and sexual violence prevention, response, and
recovery.
(6) Measures to promote awareness of dating violence.
(7) A delineation of the relationship between--
(A) cadet advocacy groups organized for the
prevention of, response to, and recovery from sexual
harassment and sexual violence, including Cadets
Against Sexual Assault; and
(B) the staff of the Coast Guard Academy Sexual
Assault Prevention, Response, and Recovery program.
(8) A provision that requires cadets and Coast Guard
Academy personnel to participate in not fewer than one in-
person training each academic year on the prevention of,
responses to, and resources relating to incidents of sexual
harassment and sexual violence, to be provided by the staff of
the Coast Guard Academy Sexual Assault Prevention, Response,
and Recovery program.
(9) The establishment, revision, or expansion, as
necessary, of an anti-retaliation Superintendent's Instruction
for cadets who--
(A) report incidents of sexual harassment or sexual
violence;
(B) participate in cadet advocacy groups that
advocate for the prevention of, response to, and
recovery from sexual harassment and sexual violence; or
(C) seek assistance from a company officer, company
senior enlisted leader, athletic coach, or other Coast
Guard Academy staff member with respect to a mental
health or other medical emergency.
(10) A provision that explains the purpose of and process
for issuance of a no-contact order at the Coast Guard Academy,
including a description of the manner in which such an order
shall be enforced.
(11) A provision that explains the purpose of and process
for issuance of a military protective order at the Coast Guard
Academy, including a description of--
(A) the manner in which such an order shall be
enforced; and
(B) the associated requirement to notify the
National Criminal Information Center of the issuance of
such an order.
(c) Primary Prevention Specialist.--Not later than 180 days after
the date of the enactment of this Act, the Superintendent shall hire a
Primary Prevention Specialist, to be located and serve at the Coast
Guard Academy.
(d) Temporary Leave of Absence To Receive Medical Services and
Mental Health and Related Support Services.--The Superintendent shall
ensure that the Academy's policy regarding a cadet who has made a
restricted or unrestricted report of sexual harassment to request a
leave of absence from the Coast Guard Academy is consistent with other
military service academies.
SEC. 423. COAST GUARD AND COAST GUARD ACADEMY ACCESS TO DEFENSE SEXUAL
ASSAULT INCIDENT DATABASE.
(a) Memorandum of Understanding.--Not later than 180 days after the
date of enactment of this Act, the Commandant, in consultation with the
Secretary of Defense, shall enter into a memorandum of understanding to
enable the criminal offender case management and analytics database of
the Coast Guard to have system interface access with the Defense Sexual
Assault Incident Database (referred to in this section as the
``Database'') established by section 563 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 1561 note).
(b) Plan.--
(1) In general.--Not later than 60 days after entering into
the memorandum of understanding required under subsection (a),
the Commandant, in consultation with the Secretary of Defense,
shall submit to the appropriate committees of Congress a plan
to carry out the terms of such memorandum.
(2) Elements.--The plan required under paragraph (1) shall
include the following:
(A) Measures to ensure that authorized staff of the
Coast Guard have system interface access to the
Database, and a description of any barrier to such
access.
(B) Measures to ensure that authorized staff of the
Coast Guard Academy have system interface access to the
Database, and a description of any barrier to such
access that is unique to the Coast Guard Academy.
(C) Measures to facilitate formal or informal
communication between the Coast Guard and the Sexual
Assault Prevention and Response Office of the
Department of Defense, or any other relevant Department
of Defense component, to identify or seek a resolution
to barriers to Database access.
(D) A description of the steps, measures, and
improvements necessary to remove any barrier
encountered by staff of the Coast Guard or the Coast
Guard Academy in accessing the Database, including any
failure of system interface access necessitating manual
entry of investigative data.
(E) An assessment of the technical challenges,
timeframes, and costs associated with providing
authorized staff of the Coast Guard and the Coast Guard
Academy with system interface access for the Database
that is substantially similar to such system interface
access possessed by other branches of the Armed Forces.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Armed Services of
the Senate; and
(B) the Committee on Transportation and
Infrastructure and the Committee on Armed Services of
the House of Representatives.
SEC. 424. DIRECTOR OF COAST GUARD INVESTIGATIVE SERVICE.
(a) In General.--Chapter 3 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 325. Director of Coast Guard Investigative Service
``(a) In General.--There shall be a Director of the Coast Guard
Investigative Service.
``(b) Chain of Command.--The Director of the Coast Guard
Investigative Service shall report directly to and be under the general
supervision of the Commandant, acting through the Vice Commandant of
the Coast Guard.''.
(b) Clerical Amendment.--The analysis for Chapter 3 of title 14,
United States Code, is amended by inserting after the item relating to
section 324 the following:
``325. Director of Coast Guard Investigative Service.''.
SEC. 425. MODIFICATIONS AND REVISIONS RELATING TO REOPENING RETIRED
GRADE DETERMINATIONS.
(a) In General.--Section 2501(d)(2) of title 14, United States
Code, is amended--
(1) in subparagraph (B) by inserting ``a'' before
``competent authority'';
(2) by redesignating subparagraphs (C) through (E) as
subparagraphs (F) through (H), respectively; and
(3) by inserting after subparagraph (B) the following:
``(C) substantial evidence comes to light that,
during the commissioned service of the officer, the
officer failed to carry out applicable laws, with an
intent to deceive or defraud;
``(D) substantial evidence comes to light after the
retirement that the officer committed rape or sexual
assault, as described in sections 920(a) and 920(b) of
title 10 (articles 120(a) and 120(b) of the Uniform
Code of Military Justice) at any time during the
commissioned service of the officer;
``(E) substantial evidence comes to light after the
retirement that the commissioned officer knew of and
failed to report through proper channels, in accordance
with existing law at the time of the alleged incident,
any known instances of sexual assault by a member of
the Coast Guard under the command of the officer during
the officer's service;''.
(b) Issuance and Revision of Regulations Relating to Good Cause To
Reopen Retired Grade Determinations.--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 issue or revise, as applicable, and
at the discretion of the Secretary consistent with this section,
regulations of the Coast Guard to do the following:
(1) Define what constitutes good cause to reopen a retired
grade determination referred to in subparagraph (H) of section
2501(d)(2) of title 14, United States Code, as redesignated by
subsection (a), to ensure that the following shall be
considered good cause for such a reopening:
(A) Circumstances that constitute a failure to
carry out applicable laws regarding a report of sexual
assault with an intent to deceive by a commissioned
officer, that relate to a response made to a report of
sexual assault, during the commissioned service of the
officer.
(B) Substantial evidence of sexual assault by the
commissioned officer concerned, at any time during the
commissioned service of such officer, or such evidence
that was not considered by the Coast Guard in a manner
consistent with law.
(2) Identify the standard for making, and the evidentiary
showing required to support, an adverse determination on the
retired grade of a commissioned officer.
(c) Revision of Limitations on Reopening Retired Grade
Determinations.--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 revise applicable guidance in section K.10 of chapter 3
of Commandant Instruction 1000.4A to remove any restriction that limits
the ability to reopen the retired grade of a commissioned officer based
on--
(1) whether new evidence is discovered contemporaneously
with or within a short time period after the date of retirement
of the officer concerned; and
(2) whether the misconduct concerned was not discoverable
through due diligence.
(d) Savings Clause.--No provision of this section or the amendments
made by this section shall be construed to permit a review of conduct
that was not in violation of law or policy at the time of the alleged
conduct.
SEC. 426. INCLUSION AND COMMAND REVIEW OF INFORMATION ON COVERED
MISCONDUCT IN PERSONNEL SERVICE RECORDS.
(a) In General.--Chapter 25 of title 14, United States Code, is
amended--
(1) in subchapter II, by redesignating section 2521 as
section 2531; and
(2) in subchapter I, as amended by this Act, by adding at
the end the following:
``Sec. 2521. Inclusion and command review of information on covered
misconduct in personnel service records
``(a) Information on Reports on Covered Misconduct.--
``(1) In general.--If a complaint of covered misconduct is
made against a member of the Coast Guard and the member is
convicted by court-martial or receives nonjudicial punishment
or punitive administrative action for such covered misconduct,
a notation to that effect shall be placed in the personnel
service record of the member, regardless of the grade of the
member.
``(2) Purpose.--The purpose of the inclusion of information
in personnel service records under paragraph (1) is to alert
supervisors and commanders to any member of their command who
has received a court-martial conviction, nonjudicial
punishment, or punitive administrative action for covered
misconduct in order--
``(A) to reduce the likelihood that repeat offenses
will escape the notice of supervisors and commanders;
and
``(B) to help inform commissioning or promotability
of the member;
``(3) Limitation on placement.--A notation under paragraph
(1) may not be placed in the restricted section of the
personnel service record of a member.
``(4) Construction.--Nothing in this subsection may be
construed to prohibit or limit the capacity of a member of the
Coast Guard to challenge or appeal the placement of a notation,
or location of placement of a notation, in the personnel
service record of the member in accordance with procedures
otherwise applicable to such challenges or appeals.
``(b) Command Review of History of Covered Misconduct.--
``(1) In general.--Under policy to be prescribed by the
Secretary, the commanding officer of a unit or facility to
which a covered member is assigned or transferred shall review
the history of covered misconduct as documented in the
personnel service record of a covered member in order to become
familiar with such history of the covered member.
``(2) Covered member defined.--In this subsection, the term
`covered member' means a member of the Coast Guard who, at the
time of assignment or transfer as described in paragraph (1),
has a history of 1 or more covered misconduct offenses as
documented in the personnel service record of such member or
such other records or files as the Commandant shall specify in
the policy prescribed under subparagraph (A).
``(c) Review of Personnel Service Record To Determine Suitability
for Civilian Employment.--Under policy to be prescribed by the
Secretary, the Commandant shall establish procedures that are
consistent with the law, policies, and practices of the Department of
Defense in effect on the date of enactment of the Coast Guard
Authorization Act of 2024 to consider and review the personnel service
record of a former member of the Armed Forces to determine the
suitability of the individual for civilian employment in the Coast
Guard.''.
(b) Clerical Amendment.--The analysis for chapter 25 of title 14,
United States Code, is amended--
(1) by striking the item relating to section 2521 and
inserting the following:
``2531. Advisory Board on Women in the Coast Guard.''; and
(2) by inserting after the item relating to section 2520
(as added by this Act) the following:
``2521. Inclusion and command review of information on covered
misconduct in personnel service records.''.
SEC. 427. FLAG OFFICER REVIEW OF, AND CONCURRENCE IN, SEPARATION OF
MEMBERS WHO HAVE REPORTED SEXUAL MISCONDUCT.
(a) Policy To Require Review of Certain Proposed Involuntary
Separations.--Not later than 120 days after the date of enactment of
this Act, the Commandant shall establish, with respect to any proposed
involuntary separation under chapter 59 of title 10, United States
Code, a Coast Guard policy to review the circumstances of, and grounds
for, such a proposed involuntary separation of any member of the Coast
Guard who--
(1) made a restricted or unrestricted report of covered
misconduct (as such term is defined in section 2519 of title
14, United States Code);
(2) within 2 years after making such a report, is
recommended for involuntary separation from the Coast Guard;
and
(3) requests the review on the grounds that the member
believes the recommendation for involuntary separation from the
Coast Guard was initiated in retaliation for making the report.
(b) Recusal.--
(1) In general.--The policy established under subsection
(a) shall set forth a process for the recusal of commanding
officers and the flag officer described in subsection (c)(2)
from making initial or subsequent decisions on proposed
separations or from reviewing proposed separations.
(2) Criteria.--The recusal process established under
paragraph (1) shall specify criteria for recusal, including
mandatory recusal from making a decision on a proposed
separation, and from reviewing a proposed separation, if the
commanding officer or the flag officer described in subsection
(c)(2) was, at any time--
(A) the subject of a complaint of any form of
assault, harassment, or retaliation, filed by the
member of the Coast Guard described in subsection (a)
who is the subject of a proposed involuntary separation
or whose proposed separation is under review; or
(B) associated with the individual suspected or
accused of perpetrating the incident of covered
misconduct reported by such member.
(c) Concurrence of Flag Officer Required.--
(1) In general.--The policy established under subsection
(a) shall require the concurrence of the flag officer described
in paragraph (2) in order to separate the member of the Coast
Guard described in such subsection.
(2) Flag officer described.--
(A) In general.--Except as provided in subparagraph
(B), the flag officer described in this paragraph is--
(i) the Deputy Commandant for Mission
Support or the successor Vice Admiral who
oversees personnel policy; or
(ii) a designee of the Deputy Commandant
for Mission Support (or the successor Vice
Admiral who oversees personnel policy) who is
in a grade not lower than O-7.
(B) Chain of command exception.--In the case of a
member of the Coast Guard described in subsection (a)
who is in the immediate chain of command of the Deputy
Commandant for Mission Support or the successor Vice
Admiral who oversees personnel policy or the designee
of the Deputy Commandant for Mission Support or the
successor Vice Admiral who oversees personnel policy,
the flag officer described in this paragraph is a flag
officer outside the chain of command of such member, as
determined by the Commandant consistent with the policy
established under subsection (a).
(d) Notification Required.--Any member of the Coast Guard who has
made a report of covered misconduct and who receives a proposal for
involuntary separation shall be notified at the time of such proposal
of the right of the member to a review under this section.
SEC. 428. EXPEDITED TRANSFER IN CASES OF SEXUAL MISCONDUCT OR DOMESTIC
VIOLENCE.
(a) Expedited Transfer Policy Update.--Not later than 180 days
after the date of enactment of this Act, the Commandant shall update
Coast Guard policy as necessary to implement--
(1) an expedited transfer process for covered individuals
consistent with--
(A) Department of Defense policy on expedited
transfers of victims of sexual assault or domestic
violence in place on the date of enactment of this Act;
and
(B) subsection (b); and
(2) a process by which--
(A) a covered individual, the commanding officer of
a covered individual, or any other Coast Guard official
may initiate a request that a subject be
administratively assigned to another unit in accordance
with military assignments and authorized absence policy
for the duration of the investigation and, if
applicable, prosecution of such subject;
(B) the Coast Guard shall ensure that any
administrative assignment action in response to a
request under subparagraph (A) will be taken not as a
punitive measure, but solely for the purpose of
maintaining good order and discipline within the unit
of the covered individual or the subject; and
(C) protection of due process for the subject is
preserved.
(b) Recusal.--The expedited transfer process implemented under this
section shall require the recusal of any official involved in the
approval or denial of an expedited transfer request if the official
was, at any time--
(1) the subject of a complaint of any form of assault,
harassment, or retaliation, or any other type of complaint,
filed by the covered individual; or
(2) associated, beyond workplace interactions, with the
subject in a manner that may present an actual or apparent
conflict of interest.
(c) Notification Requirement.--With respect to a member of the
Coast Guard who makes an unrestricted report of sexual assault or a
report of domestic violence, the updated policy required under
subsection (a) shall specify the appropriate officials of the Coast
Guard who shall provide such member with information regarding
expedited transfer authority.
(d) Report.--
(1) Initial report.--Not later than March 1 of the year
that is not less than 1 year after the date on which the
updates required under subsection (a) are completed, 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, as an enclosure or appendix to the report
required by section 5112 of title 14, United States Code, a
report on such updates that includes--
(A) a copy of the updated policies of the Coast
Guard relating to expedited transfers;
(B) a summary of such updated policies;
(C) for the preceding year, the number of covered
individuals who have requested an expedited transfer,
disaggregated by gender of the requester and whether
the request was granted or denied;
(D) for each denial of an expedited transfer
request during the preceding year, a description of the
rationale for the denial; and
(E) any other matter the Commandant considers
appropriate.
(2) Subsequent reports.--Not later than 1 year after the
Commandant submits the report required under paragraph (1), and
annually thereafter for 3 years, 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, as an enclosure or appendix to
the report required by section 5112 of title 14, United States
Code, a report on the updates required under subsection (a)
that includes--
(A) any policies of the Coast Guard relating to
expedited transfers that have been updated since the
previous report submitted under this subsection;
(B) a summary of any such updated policies; and
(C) the information described under subparagraphs
(C) through (E) of paragraph (1).
(e) Definitions.--In this section:
(1) Covered individual.--The term ``covered individual''
means--
(A) a member of the Coast Guard who is a victim of
sexual assault in a case handled under the Sexual
Assault Prevention, Response, and Recovery Program or
the Family Advocacy Program;
(B) a member of the Coast Guard who is a victim of
domestic violence (as defined by the Secretary of the
department in which the Coast Guard is operating in the
policies prescribed under this section) committed by
the spouse or intimate partner of the member,
regardless of whether the spouse or intimate partner is
a member of the Coast Guard; and
(C) a member of the Coast Guard whose dependent is
a victim of sexual assault or domestic violence.
(2) Subject.--The term ``subject'' means a member of the
Coast Guard who is the subject of an investigation related to
alleged incidents of sexual assault or domestic violence and is
stationed at the same installation as, or in close proximity
to, the covered individual involved.
SEC. 429. ACCESS TO TEMPORARY SEPARATION PROGRAM FOR VICTIMS OF ALLEGED
SEX-RELATED OFFENSES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall update the Coast Guard
policy relating to temporary separation of members of the Coast Guard
who are victims of alleged sex-related offenses as required under
subsection (b).
(b) Eligibility.--The updated policy required under subsection (a)
shall include--
(1) a provision that allows a member of the Coast Guard to
request to participate in the temporary separation program if
the member has reported, in an unrestricted format or to the
greatest extent practicable, a restricted format, being the
victim of an alleged sex-related offense on a date that is
during--
(A) the 5-year period preceding the requested date
of separation; and
(B) the military service of the member;
(2) a provision that provides eligibility for a member of
the Coast Guard to request temporary separation if the member
has reported being the victim of an alleged sex-related
offense, even if--
(A) the member has had a previous temporary
separation including a previous temporary separation as
the victim of a previous unrelated alleged sex-related
offense; or
(B) the enlistment period of the member is not
nearing expiration or the tour or contract of the
member is not nearing completion;
(3) an updated standard of review consistent with the
application of, and purposes of, this section; and
(4) the establishment of a process--
(A) for eligible members to make requests for
temporary separation under this section; and
(B) that allows the Commandant to consider whether
to allow a member granted temporary separation under
this section to fulfill the enlistment period or tour
or contract obligation of the member after the end of
the temporary separation period.
(c) Exception From Repayment of Bonuses, Incentive Pay, or Similar
Benefits and Termination of Remaining Payments.--For any temporary
separation granted under the updated policy required under subsection
(a), the Secretary concerned may conduct a review to determine whether
to exercise discretion in accordance with section 373(b)(1) of title
37, United States Code.
(d) Definitions.--In this section:
(1) Secretary concerned.--The term ``Secretary concerned''
has the meaning given such term in section 101 of title 37,
United States Code.
(2) Sex-related offense.--The term ``sex-related offense''
has the meaning given such term in section 1044e(h) of title
10, United States Code.
SEC. 430. POLICY AND PROGRAM TO EXPAND PREVENTION OF SEXUAL MISCONDUCT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall develop and issue a
comprehensive policy for the Coast Guard to reinvigorate the prevention
of misconduct involving members and civilians of the Coast Guard that
contains the policy elements described in section 1561 of title 10,
United States Code.
(b) Programs Required.--Not later than 180 days after the issuance
of the policy required under paragraph (1), the Commandant shall
develop and implement for the Coast Guard a program to reinvigorate the
prevention of misconduct involving members and civilians of the Coast
Guard.
SEC. 431. CONTINUOUS VETTING OF SECURITY CLEARANCES.
Section 1564(c) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A) by
inserting ``, and the Secretary of Homeland Security
shall conduct an investigation or adjudication under
subsection (a) of any individual described in paragraph
(3),'' after ``paragraph (2)''; and
(B) in subparagraph (A)(iv) by striking ``the
Secretary'' and inserting ``the Secretary of Defense or
the Secretary of Homeland Security, as the case may
be,'';
(2) in paragraph (2) by inserting ``(other than an
individual described in paragraph (3))'' after ``is an
individual'';
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(4) by inserting after paragraph (2) the following new
paragraph:
``(3) An individual described in this paragraph is an individual
who has a security clearance and is--
``(A) a flag officer of the Coast Guard; or
``(B) an employee of the Coast Guard in the Senior
Executive Service.''; and
(5) in paragraph (4), as redesignated by paragraph (3), by
striking ``Secretary'' and all that follows through ``paragraph
(2)'' and inserting the following: ``Secretary of Defense, in
the case of an individual described in paragraph (2), and the
Secretary of Homeland Security, in the case of an individual
described in paragraph (3), shall ensure that relevant
information on the conviction or determination described in
paragraph (1) of such an individual''.
SEC. 432. TRAINING AND EDUCATION PROGRAMS FOR COVERED MISCONDUCT
PREVENTION AND RESPONSE.
(a) Modification of Curriculum.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Commandant shall revise the
curriculum of the Coast Guard with respect to covered
misconduct prevention and response training--
(A) to include--
(i) information on procedures and
responsibilities with respect to reporting
requirements, investigations, survivor health
and safety (including expedited transfers, no-
contact orders, military and civilian
protective orders, and temporary separations),
and whistleblower protections;
(ii) information on Department of Veterans
Affairs resources available to veterans,
active-duty personnel, and reserve personnel;
(iii) information on the right of any
member of the Coast Guard to seek legal
resources outside the Coast Guard;
(iv) general information regarding the
availability of legal resources provided by
civilian legal services organizations,
presented in an organized and consistent manner
that does not endorse any particular legal
services organization; and
(v) information on the capability,
operations, reporting structure, and
requirements with respect to the Chief
Prosecutor of the Coast Guard; and
(B) to address the workforce training
recommendations set forth in the memorandum of the
Coast Guard titled ``Commandant's Directed Actions--
Accountability and Transparency'', issued on November
27, 2023.
(2) Collaboration.--In revising the curriculum under this
subsection, the Commandant shall solicit input from individuals
outside the Coast Guard who are experts in sexual assault and
sexual harassment prevention and response training.
(b) Covered Misconduct Prevention and Response Training and
Education.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commandant shall ensure that all
members and civilian employees of the Coast Guard are provided
with annual covered misconduct prevention and response training
and education for the purpose of strengthening individual
knowledge, skills, and capacity relating to the prevention of
and response to covered misconduct.
(2) Scope.--The training and education referred to in
paragraph (1)--
(A) shall be provided as part of--
(i) initial entry and accession training;
(ii) annual refresher training;
(iii) initial and recurring training
courses for covered first responders;
(iv) new and prospective commanding officer
and executive officer training; and
(v) specialized leadership training; and
(B) shall be tailored for specific leadership
levels, positions, pay grades, and roles.
(3) Content.--The training and education referred to in
paragraph (1) shall include the information described in
subsection (a)(1)(A).
(c) Covered First Responder Training.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Commandant shall ensure that--
(A) training for covered first responders includes
the covered misconduct prevention and response training
described in subsection (b); and
(B) such covered misconduct prevention and response
training is provided to covered first responders on a
recurring basis.
(2) Requirements.--In addition to the information described
in subsection (a)(1)(A), the initial and recurring covered
misconduct prevention and response training for covered first
responders shall include information on procedures and
responsibilities with respect to--
(A) the provision of care to a victim of covered
misconduct, in accordance with professional standards
or practice, that accounts for trauma experienced by
the victim and associated symptoms or events that may
exacerbate such trauma; and
(B) the manner in which such a victim may receive
such care.
(d) Training for Prospective Commanding Officers and Executive
Officers.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Commandant shall ensure that
training for prospective commanders and executive officers at
all levels of command includes the covered misconduct
prevention and response training described in subsection (b).
(2) Requirements.--In addition to the information described
in subsection (a)(1)(A), the covered misconduct prevention and
response training for prospective commanding officers and
executive officers shall be--
(A) tailored to the responsibilities and leadership
requirements of members of the Coast Guard as they are
assigned to command positions; and
(B) revised, as necessary, to include information
on--
(i) fostering a command climate--
(I) that does not tolerate covered
misconduct;
(II) in which individuals assigned
to the command are encouraged to
intervene to prevent potential
incidents of covered misconduct; and
(III) that encourages victims of
covered misconduct to report any
incident of covered misconduct;
(ii) the possible variations in the effect
of trauma on individuals who have experienced
covered misconduct;
(iii) potential differences in the
procedures and responsibilities, Department of
Veterans Affairs resources, and legal resources
described in subsection (a)(1)(A) depending on
the operating environment in which an incident
of covered misconduct occurred;
(iv) the investigation of alleged incidents
of covered misconduct, including training on
understanding evidentiary standards;
(v) available disciplinary options,
including administrative action and deferral of
discipline for collateral misconduct, and
examples of disciplinary options in civilian
jurisdictions; and
(vi) the capability, operations, reporting
structure, and requirements with respect to the
Chief Prosecutor of the Coast Guard.
(e) Entry and Accession Trainings.--
(1) Initial training.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Commandant shall
provide for the inclusion of an initial covered
misconduct prevention and response training module in
the training for each new member of the Coast Guard,
which shall be provided not later than 14 duty days
after the date of accession.
(B) Requirement.--In addition to the information
described in subsection (a)(1)(A), the initial training
module referred to in subparagraph (A) shall include a
comprehensive explanation of Coast Guard--
(i) policy with respect to covered
misconduct; and
(ii) procedures for reporting covered
misconduct.
(2) Subsequent training.--
(A) In general.--The Commandant shall provide for
the inclusion of a detailed covered misconduct
prevention and response training module in the training
for each new member of the Coast Guard, which shall be
provided not later than 60 duty days after the date on
which the initial training module described in
paragraph (1)(A) is provided.
(B) Content.--The detailed training module referred
to in subparagraph (A) shall include the information
described in subsection (a)(1)(A).
(f) Definitions.--In this section:
(1) Covered first responder.--The term ``covered first
responder'' includes sexual assault response coordinators,
victim advocates, Coast Guard medical officers, Coast Guard
security forces, Coast Guard Investigative Service agents,
judge advocates, special victims' counsel, chaplains, and
related personnel.
(2) Covered misconduct.--The term ``covered misconduct''
has the meaning given such term in section 2519 of title 14,
United States Code.
TITLE V--COMPTROLLER GENERAL REPORTS
SEC. 501. COMPTROLLER GENERAL REPORT ON COAST GUARD RESEARCH,
DEVELOPMENT, AND INNOVATION PROGRAM.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
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 state of the research,
development, and innovation program of the Coast Guard during the 5-
year period ending on such date of enactment.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An evaluation and description of the process for
selecting projects to be carried out under the research,
development, and innovation program of the Coast Guard.
(2) An analysis of the manner in which funding needs are
determined and requested for such program, and for the
activities and projects of such program, in alignment with the
appropriate fiscal year.
(3) An assessment of the manner in which the Coast Guard
determines desired outcomes, and measures the impact, of
successful projects on the execution of the operations and
mission of the Coast Guard.
(4) An assessment of the manner in which the Coast Guard
evaluates impacts and benefits of partnerships between the
Coast Guard and the Department of Defense and other entities,
and a description of the extent to which and manner in which
the Coast Guard is leveraging such benefits and identifying and
managing any potential challenge.
(5) An analysis of the manner in which the Commandant is
working with partners to accelerate project transition from
research, testing, evaluation, and prototype to production.
(6) An assessment of the manner in which the authority to
enter into transactions other than contracts and grants
pursuant to sections 719 and 1158 of title 14, United States
Code, has been exercised by the Commandant, and a description
of any training or resources necessary (including additional
agreements for officers and training) to more fully exercise
such authority.
(7) An evaluation of the role of the Blue Tech Center of
Expertise established in section 302 of the Coast Guard Blue
Technology Center of Expertise Act (Public Law 115-265).
(8) Recommendations regarding authorization, personnel,
infrastructure, and other requirements necessary for the
expeditious transition of technologies developed under such
program from prototype to production in the field.
(c) Consultation.--In developing the report required under
subsection (a), the Comptroller General may consult with--
(1) the maritime and aviation industries;
(2) the Secretary of Defense;
(3) the intelligence community; and
(4) any relevant--
(A) federally funded research institutions;
(B) nongovernmental organizations; and
(C) institutions of higher education.
SEC. 502. COMPTROLLER GENERAL STUDY ON VESSEL TRAFFIC SERVICE CENTER
EMPLOYMENT, COMPENSATION, AND RETENTION.
(a) Definition of Vessel Traffic Service Center.--In this section,
the term ``vessel traffic service center'' has the meaning given the
term in section 70001(m) of title 46, United States Code.
(b) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall
commence a study on employment compensation, competitiveness,
assignment, and retention of civilian and military personnel assigned
to or otherwise employed at vessel traffic service centers in the
United States.
(c) Elements.--The study required under subsection (b) shall
include the following:
(1) An assessment of the extent to which the
classification, assignment, selection, and pay rates of
personnel assigned to or otherwise employed at vessel traffic
service centers are commensurate with the required experience,
duties, safety functions, and responsibilities of such
positions.
(2) An assessment of the appropriate classification,
assignment, selection, and pay rate, as well as nonmonetary
employment incentives, that would foster a robust and
competitive civilian candidate pool for employment
opportunities in civilian positions at vessel traffic service
centers.
(3) An analysis of the average civilian employment
retention rate and average term of employment of civilian
personnel, by position, at vessel traffic service centers.
(4) An analysis of existing special payments, as discussed
in the report by the Government Accountability Office entitled
``Federal Pay: Opportunities Exist to Enhance Strategic Use of
Special Payments'' (published December 7, 2017; GAO-18-91),
that may be available to personnel assigned to or otherwise
employed at vessel traffic service centers.
(5) An evaluation of all assignment parameters and civilian
hiring authority codes used by the Coast Guard in assigning and
hiring personnel assigned to or otherwise employed at vessel
traffic service centers.
(6) An analysis of whether opportunities exist to refine,
consolidate, or expand Coast Guard civilian hiring authorities
for purposes of hiring personnel at the vessel traffic service
centers.
(7) An assessment of the ability of the composition, as in
effect on the first day of the study, of military and civilian
personnel assigned to or otherwise employed at vessel traffic
service centers to ensure safety on the waterways and to manage
increasing demand for vessel traffic services, taking into
account the ranks and grades of such personnel, the respective
experience levels and training of such personnel, and the
respective duties, safety functions, and responsibilities of
such personnel.
(8) An assessment of, and recommendations to improve, the
Coast Guard's efforts to support the career progression of and
advancement opportunities for officers and enlisted members of
the Coast Guard assigned to vessel traffic service centers.
(d) Report.--Not later than 1 year after commencing the study
required under subsection (b), the Comptroller General 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 findings of the study.
SEC. 503. COMPTROLLER GENERAL REVIEW OF QUALITY AND AVAILABILITY OF
COAST GUARD BEHAVIORAL HEALTH CARE AND RESOURCES FOR
PERSONNEL WELLNESS.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Comptroller General of the United States shall
commence a review of the quality and availability of behavioral health
care and related resources for Coast Guard personnel at the locations
described in subsection (b).
(b) Locations To Be Reviewed.--In conducting the review under
subsection (a), the Comptroller General shall--
(1) first review the practices and policies relating to the
availability of behavioral health care and related resources at
Training Center Cape May; and
(2) review such practices and policies at--
(A) the Coast Guard Academy, including Officer
Candidate School; and
(B) other Coast Guard training locations, as
applicable.
(c) Elements.--The review conducted under subsection (a) shall
include, for each location described in subsection (b), an assessment,
and a description of available trend information (as applicable) for
the 10-year period preceding the date of the review, with respect to
each of the following:
(1) The nature of Coast Guard resources directed toward
behavioral health services at the location.
(2) The manner in which the Coast Guard has managed
treatment for recruits, cadets, officer candidates, or other
personnel who may be experiencing a behavioral health crisis at
the location (including individuals who have transferred to
other buildings or facilities within the location).
(3) The extent to which the Coast Guard has identified the
resources, such as physical spaces and facilities, necessary to
manage behavioral health challenges and crises that Coast Guard
personnel may face at the location.
(4) The behavioral health screenings required by the Coast
Guard for recruits, cadets, officer candidates, or other
personnel at the location, and the manner in which such
screenings compare with screenings required by the Department
of Defense for military recruits, service academy cadets,
officer candidates, or other personnel at military service
accession points.
(5) Whether the Coast Guard has assessed the adequacy of
behavioral health resources and services for recruits, cadets,
officer candidates, and other personnel at the location, and if
so, the additional services and resources (such as resilience
and life skills coaching), if any, needed to address any
potential gaps.
(6) The manner in which the Coast Guard manages care
transfers related to behavior health at the location, including
command and other management input and privacy policies.
(7) The extent to which the Coast Guard has evaluated
contributing factors or reasons for behavioral health crises
experienced by newly enlisted personnel, cadets, officer
candidates, or other personnel at the location.
(8) The extent to which the Coast Guard has addressed, at
the location, provider care staffing standards and
credentialing deficiencies identified in the report of the
Comptroller General titled ``Coast Guard Health Care:
Improvements Needed for Determining Staffing Needs and
Monitoring Access to Care'', issued on February 4, 2022.
(d) Reports.--The Comptroller General 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--
(1) as soon as practicable but not later than 1 year after
the date of enactment of this Act, a report relating to the
results of the review conducted under subsection (a) relating
to Training Center Cape May, including any recommendations the
Comptroller General considers appropriate; and
(2) not later than 1 year after the date of enactment of
this Act--
(A) a report on the results of the review conducted
under subsection (a) relating to--
(i) the Coast Guard Academy, including
Officer Candidate School; and
(ii) other Coast Guard training locations,
as applicable; and
(B) any recommendations the Comptroller General
considers appropriate.
SEC. 504. COMPTROLLER GENERAL STUDY ON COAST GUARD EFFORTS TO REDUCE
PREVALENCE OF MISSING OR INCOMPLETE MEDICAL RECORDS AND
SHARING OF MEDICAL DATA WITH DEPARTMENT OF VETERANS
AFFAIRS AND OTHER ENTITIES.
(a) Study.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General of the United States shall
commence a study assessing the efforts of the Commandant--
(1) to reduce the prevalence of missing or incomplete
medical records;
(2) to share medical data of members of the Coast Guard
with the Department of Veterans Affairs; and
(3) to ensure that electronic health records are provided
in a format that is user friendly and easy to access.
(b) Elements.--In conducting the study under subsection (a), the
Comptroller General shall review the following:
(1) The steps the Commandant has taken to reduce the
prevalence of missing or incomplete medical records of members
of the Coast Guard.
(2) How implementation of an electronic health record
system has affected the ability of the Commandant to manage
health records of members of the Coast Guard, including--
(A) how the Commandant adds records from private
medical providers to the electronic health record
system;
(B) the progress of the Commandant toward
implementing the electronic health record system in
shipboard sick bays of the Coast Guard;
(C) how the Coast Guard shares medical records with
the Department of Veterans Affairs; and
(D) any other matter the Comptroller General
considers appropriate with respect to medical record
storage, use, and sharing and the associated
consequences for member health and well-being.
(3) The ability of members of the Coast Guard, medical
professionals of the Coast Guard and of the Department of
Defense, personnel of the Department of Veterans Affairs, and
other personnel to access and search, as appropriate, the
electronic health records of individuals, including the ability
to search or quickly find information within electronic health
records.
(c) Report.--Upon completion of the study under subsection (a), the
Comptroller General 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 containing
the results of the study under subsection (a).
SEC. 505. COMPTROLLER GENERAL STUDY ON COAST GUARD TRAINING FACILITY
INFRASTRUCTURE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall commence a study on Coast Guard training facility infrastructure,
including the specific needs of the Coast Guard training facilities
described in subsection (c).
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) With respect to each Coast Guard training facility
described in subsection (c)--
(A) a summary of capital needs, including
construction and repair;
(B) a summary of equipment upgrade backlogs;
(C) an assessment of necessary improvements,
including improvements to essential training equipment
(including swimming pools, operational simulators, and
marksmanship training ranges) to enable the Coast Guard
to achieve all operational training objectives;
(D) a description of the resources necessary to
fully address all training needs;
(E) an assessment of any security deficiency,
including with respect to base access, training
facility access, and trainee berthing area access;
(F) an identification of any exposed hazard that
does not serve a training purpose;
(G) an identification of the presence of hazardous
or toxic materials, including--
(i) lead-based paint;
(ii) asbestos or products that contain
asbestos;
(iii) black mold;
(iv) radon; and
(v) contaminated drinking water; and
(H) an assessment of the need for, and estimated
cost of, remediation of such toxic materials.
(2) An evaluation of the process used by the Coast Guard to
identify, monitor, and construct Coast Guard training
facilities.
(c) Coast Guard Training Facilities Described.--The Coast Guard
training facilities described in this subsection are the following:
(1) The Coast Guard Academy in New London, Connecticut.
(2) The Leadership Development Center in New London,
Connecticut.
(3) Training Center Cape May, New Jersey.
(4) Training Center Petaluma, California.
(5) Training Center Yorktown, Virginia.
(6) The Maritime Law Enforcement Academy in Charleston,
South Carolina.
(7) The Special Missions Training Center at Camp Lejeune in
North Carolina.
(8) The Gulf Regional Fisheries Training Center (GRFTC) in
New Orleans, Louisiana.
(9) The North Pacific Regional Fisheries Training Center
(NPRFTC) in Kodiak, Alaska.
(10) The Northeast Regional Fisheries Training Center
(NRFTC) at Cape Cod, Massachusetts.
(11) The Southeast Regional Fisheries Training Center
(SRFTC) in Charleston, South Carolina.
(12) The Pacific Regional Fisheries Training Center (PRFTC)
in Alameda, California.
(13) The National Motor Lifeboat School at Cape
Disappointment, Washington.
(14) The Aviation Technical Training Center in Elizabeth
City, North Carolina.
(15) The Aviation Training Center in Mobile, Alabama.
(d) Report.--Not later than 1 year after commencing the study
required under subsection (a), the Comptroller General 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 findings of the study.
SEC. 506. COMPTROLLER GENERAL STUDY ON FACILITY AND INFRASTRUCTURE
NEEDS OF COAST GUARD STATIONS CONDUCTING BORDER SECURITY
OPERATIONS.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall commence a study on the facility and
infrastructure needs of the Coast Guard stations and units
described in paragraph (3).
(2) Elements.--The study required under paragraph (1) shall
include, with respect to each Coast Guard station and unit
described in paragraph (3), the following:
(A) An assessment of capital needs, including
personnel capacity, construction, and repair.
(B) An assessment of equipment upgrade backlogs.
(C) An identification of any necessary improvement,
including any improvement to operational and training
equipment necessary to conduct safe and effective
maritime border security operations.
(D) An identification of any resource necessary to
fully address all operational and training needs.
(E) An identification of any physical security
deficiency.
(F) An identification of any exposed hazard.
(G) An identification of the presence of any
hazardous or toxic material, including--
(i) lead-based paint;
(ii) asbestos or any product that contains
asbestos;
(iii) black mold;
(iv) radon; and
(v) contaminated drinking water.
(H) An assessment of the need for, and estimated
cost of, remediation of any toxic material identified
under subparagraph (G).
(3) Coast guard stations described.--The Coast Guard
stations and units described in this paragraph are the
following:
(A) Coast Guard Station South Padre Island, Texas.
(B) Coast Guard Station Port Aransas, Texas.
(C) Coast Guard Station Port O''Connor, Texas.
(D) Coast Guard Station Bellingham, Washington.
(E) Coast Guard Station Neah Bay, Washington.
(F) Coast Guard Station Port Angeles, Washington.
(G) Coast Guard Station Ketchikan, Alaska.
(H) Coast Guard Station San Diego, California.
(I) Coast Guard Station Key West, Florida.
(J) Coast Guard Station Marathon, Florida.
(K) Coast Guard Station Islamorada, Florida.
(L) Coast Guard Station Jonesport, Maine.
(M) Coast Guard Station Bayfield, Wisconsin.
(N) Coast Guard Station Sturgeon Bay, Wisconsin.
(O) Coast Guard Marine Safety Detachment Santa
Barbara.
(P) Any other Coast Guard station the Comptroller
General considers appropriate.
(b) Report.--Not later than 1 year after commencing the study
required under subsection (a), the Comptroller General shall submit to
the Committee on Commerce, Science, and Transportation of the Senate,
the Committee on Transportation and Infrastructure of the House of
Representatives, and the Commandant a report on the findings of the
study, including any recommendation the Comptroller General considers
appropriate.
(c) Briefings.--Not later than 180 days after the date on which the
report required under subsection (b) is submitted to the Commandant,
the Commandant shall provide a briefing to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives on--
(1) the actions the Commandant has taken, or has ceased to
take, as a result of the findings, including any
recommendation, set forth in the report; and
(2) a plan for addressing such findings and any such
recommendation.
SEC. 507. COMPTROLLER GENERAL STUDY ON COAST GUARD BASIC ALLOWANCE FOR
HOUSING.
(a) In General.--Not later than 90 days after the date on which the
Department of Defense issues the report on the Fourteenth Quadrennial
Review of Military Compensation, the Comptroller General of the United
States shall commence a study of Coast Guard involvement in, and
efforts to support, the determination of the cost of adequate housing
and the calculation of the basic allowance for housing under section
403 of title 37, United States Code.
(b) Elements.--The study required under subsection (a) shall
include, to the extent practicable, the following:
(1) An identification of Coast Guard duty locations in
which there is a misalignment between the basic allowance for
housing rate and the prevailing housing cost for members of the
Coast Guard such that the basic allowance for housing is less
than 95 percent of the monthly cost of adequate housing for
such members in the corresponding military housing area.
(2) An analysis of each of the following:
(A) Anchor points, including--
(i) the methodology for the establishment
of anchor points; and
(ii) with respect to housing provided as
part of a public-private venture and
government-owned and government-leased housing,
the disparities between established anchor
points and housing standards across the Armed
Forces (as such term is defined in section 101
of title 10, United States Code).
(B) Existing military housing boundary areas that
affect the Coast Guard.
(C) Actions taken by the Commandant to
comprehensively monitor basic allowance for housing
rates for Coast Guard duty locations.
(D) The frequency of reviews conducted by the
Commandant of the site visits used by the Department of
Defense to inform military housing area boundaries.
(c) Report.--Not later than 1 year after the date on which the
study required under subsection (a) commences, the Comptroller General
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate, the Committee on Transportation and Infrastructure of
the House of Representatives, and the Commandant a report on the
findings of the study, including any recommendation the Comptroller
General considers appropriate.
(d) Plan.--Not later than 1 year after the date on which the report
required by subsection (c) is submitted to the Commandant, 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--
(1) an implementation plan, including timeframes and
milestones, addressing any recommendation made by the
Comptroller General in such report, as the Commandant considers
appropriate; and
(2) with respect to any recommendation set forth in such
report that the Commandant declines to implement, a written
justification for the decision.
(e) Anchor Point Defined.--In this section, the term ``anchor
point''--
(1) means the minimum housing standard reference benchmark
used to establish the basic allowance for housing under section
403 of title 37, United States Code; and
(2) includes housing type and size based on pay grade and
dependent status.
SEC. 508. COMPTROLLER GENERAL REPORT ON SAFETY AND SECURITY
INFRASTRUCTURE AT COAST GUARD ACADEMY.
(a) GAO Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States 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 safety and security
infrastructure at the Coast Guard Academy.
(2) Elements.--The report required under paragraph (1)
shall include an assessment of each of the following:
(A) Existing security infrastructure for the
grounds, buildings, athletic facilities, and any other
facility of the Coast Guard Academy, including access
points, locks, surveillance, and other security
methods, as appropriate.
(B) Coast Guard policies with respect to the
management, data storage and access, and operational
capacity of the security infrastructure and methods
evaluated under subparagraph (A).
(C) Special security needs relating to events at
the Coast Guard Academy, such as large athletic events
and other widely attended events.
(D) Coast Guard policies and procedures with
respect to access to Coast Guard Academy grounds by--
(i) current or former members of the Coast
Guard;
(ii) current or former civilian employees
of the Coast Guard;
(iii) Coast Guard personnel that reside at
the Academy and families of cadets; and
(iv) members of the public.
(E) Existing processes by which the Commandant, the
Superintendent of the Coast Guard Academy, or a
designated individual may prohibit or restrict access
to Coast Guard Academy grounds by any current or former
member or civilian employee of the Coast Guard who--
(i) has been subject to court-martial under
the Uniform Code of Military Justice for sexual
misconduct; or
(ii) has been administratively disciplined
for sexual misconduct.
(F) Enforcement processes regarding access to Coast
Guard Academy grounds for individuals (including
current and former cadets, members, and civilian
employees of the Coast Guard) who are or have been
subject to a no-contact order relating to--
(i) a cadet or member of the faculty of the
Academy; or
(ii) any other individual with access to
Academy grounds.
(G) Recommendations to improve--
(i) the security of the Coast Guard
Academy; and
(ii) the safety of--
(I) cadets at the Coast Guard
Academy; and
(II) members of the Coast Guard
stationed at, and civilian employees
of, the Coast Guard Academy.
(b) Actions by Commandant.--
(1) Report.--Not later than 180 days after the date on
which the Comptroller General submits the report required under
subsection (a), 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 that includes--
(A) a detailed plan to improve the security of, and
the safety of cadets at, the Coast Guard Academy; and
(B) a detailed timeline for implementation of--
(i) the recommendations made by the
Comptroller General in such report; and
(ii) any other safety improvement the
Commandant considers appropriate.
(2) Policy.--Not later than 30 days after the date on which
the Comptroller General submits the report required under
subsection (a), the Commandant, in a manner that maintains good
order and discipline, shall update Coast Guard policy relating
to access to the Coast Guard Academy grounds to include
procedures by which individuals may be prohibited from
accessing the Coast Guard Academy--
(A) as the Commandant considers appropriate; and
(B) consistent with the recommendations made by the
Comptroller General in such report.
SEC. 509. COMPTROLLER GENERAL STUDY ON ATHLETIC COACHING AT COAST GUARD
ACADEMY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States, in
consultation with the Superintendent of the Coast Guard Academy, shall
commence a study on the number of administratively determined billets
for teaching and coaching necessary to support Coast Guard Academy
recruitment, intercollegiate athletics, health and physical education,
and leadership development programs.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An identification of the number of full-time and part-
time employees performing coaching functions at the Coast Guard
Academy whose positions are funded by a nonappropriated fund
instrumentality of the Coast Guard.
(2) An identification of the number of full-time and part-
time employees whose positions are funded by a nonappropriated
fund instrumentality performing coaching functions at the
following:
(A) The United States Military Academy.
(B) The United States Naval Academy.
(C) The United States Air Force Academy.
(D) The United States Merchant Marine Academy.
(3) An analysis of the roles performed by athletic coaches
with respect to officer development at the Coast Guard Academy,
including the specific functions of athletic coaches within the
health and physical education and leadership development
program curriculums.
(4) An identification of any adverse impacts on or
deficiencies in cadet training and officer development
resulting from an inadequate number of administratively
determined billets for teaching and coaching at the Coast Guard
Academy.
(c) Consultation.--In conducting the study under subsection (a),
the Comptroller General may consult a federally funded research and
development center.
(d) Report.--The Comptroller General shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee of Transportation and Infrastructure of the House of
Representatives a report on the results of the study conducted under
this section.
SEC. 510. COMPTROLLER GENERAL STUDY AND REPORT ON PERMANENT CHANGE OF
STATION PROCESS.
(a) Study.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall commence a
study to evaluate the effectiveness of the permanent change of station
process of the Coast Guard.
(b) Report.--
(1) In general.--Not later than 1 year after commencing the
study required by subsection (a), the Comptroller General 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 findings of the study.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the permanent change of
station policies of the Coast Guard.
(B) A description of Coast Guard spending on
permanent change of station moves and associated
support costs.
(C) An evaluation of the effectiveness of using
contracted movers for permanent change of station
moves, including the estimated costs associated with--
(i) lost or damaged personal property of
members of the Coast Guard;
(ii) delays in scheduling such a move
through a contracted mover;
(iii) delayed delivery of household goods;
and
(iv) other related challenges.
(D) A review of changes to permanent change of
station policies implemented during the 10-year period
ending on the date of enactment of this Act, and the
costs or savings to the Coast Guard directly associated
with such changes.
(E) Recommendations to improve the permanent change
of station process of the Coast Guard.
(F) Any additional information or related matter
arising from the study, as the Comptroller General
considers appropriate.
TITLE VI--AMENDMENTS
SEC. 601. AMENDMENTS.
(a) Prohibition on Entry and Operation.--Section 70022(b)(1) of
title 46, United States Code, is amended by striking ``Federal
Register'' and inserting ``the Federal Register''.
(b) Port, Harbor, and Coastal Facility Security.--Section 70116(b)
of title 46, United States Code, is amended--
(1) in paragraph (1) by striking ``terrorism cyber'' and
inserting ``terrorism, cyber''; and
(2) in paragraph (2) by inserting a comma after ``acts of
terrorism''.
(c) Enforcement by State and Local Officers.--Section 70118(a) of
title 46, United States Code, is amended--
(1) by striking ``section 1 of title II of the Act of June
15, 1917 (chapter 30; 50 U.S.C. 191)'' and inserting ``section
70051''; and
(2) by striking ``section 7(b) of the Ports and Waterways
Safety Act (33 U.S.C. 1226(b))'' and inserting ``section
70116(b)''.
(d) Chapter 701 Definitions.--Section 70131(2) of title 46, United
States Code, is amended--
(1) by striking ``section 1 of title II of the Act of June
15, 1917 (50 U.S.C. 191)'' and inserting ``section 70051''; and
(2) by striking ``section 7(b) of the Ports and Waterways
Safety Act (33 U.S.C. 1226(b))'' and inserting ``section
70116(b)''.
(e) Notice of Arrival Requirements for Vessels on the Outer
Continental Shelf.--
(1) Preparatory conforming amendment.--Section 70001 of
title 46, United States Code, is amended by redesignating
subsections (l) and (m) as subsections (m) and (n),
respectively.
(2) Transfer of provision.--Section 704 of the Coast Guard
and Maritime Transportation Act 2012 (Public Law 112-213; 46
U.S.C. 70001 note) is--
(A) amended by striking ``of title 46, United
States Code,'';
(B) amended by striking ``(33 U.S.C. 1223 note)''
and inserting ``(46 U.S.C. 70001 note)'';
(C) transferred to appear after 70001(k) of title
46, United States Code; and
(D) redesignated as subsection (l).
(f) Title 46.--Title 46, United States Code, is amended as follows:
(1) Section 2101(2) is amended by striking ``section 1''
and inserting ``section 101''.
(2) Section 2116(b)(1)(D) is amended by striking ``section
93(c)'' and inserting ``section 504(c)''.
(3) In the analysis for subtitle VII by striking the period
after ``70001'' in the item relating to chapter 700.
(4) In the analysis for chapter 700 by striking the item
relating to section 70006 and inserting the following:
``70006. Establishment by Secretary of the department in which the
Coast Guard is operating of anchorage
grounds and regulations generally.''.
(5) In the heading for subchapter IV in the analysis for
chapter 700 by inserting a comma after ``DEFINITIONS''.
(6) In the heading for subchapter VI in the analysis for
chapter 700 by striking ``OF THE UNITED''and inserting ``OF
UNITED''.
(7) Section 70052(e)(1) is amended by striking ``section
4197 of the Revised Statutes of the United States (46 U.S.C.
App. 91)'' and inserting ``section 60105''.
(g) Oil Pollution Act of 1990.--The Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.) is amended as follows:
(1) Section 1001 (33 U.S.C. 2701) is amended--
(A) in paragraph (32)(G) by striking ``pipeline''
and all that follows through ``offshore facility'' and
inserting ``pipeline, offshore facility'';
(B) in paragraph (39) by striking ``section
101(20)(G)(i)'' and inserting ``section
101(20)(H)(i)'';
(C) in paragraph (40) by striking ``section
101(20)(G)(ii)'' and inserting ``section
101(20)(H)(ii)'';
(D) ) in paragraph (41) by striking ``section
101(20)(G)(iii)'' and inserting ``section
101(20)(H)(iii)'';
(E) in paragraph (42) by striking ``section
101(20)(G)(iv)'' and inserting ``section
101(20)(H)(iv)'';
(F) in paragraph (43) by striking ``section
101(20)(G)(v)'' and inserting ``section
101(20)(H)(v)''; and
(G) in paragraph (44) by striking ``section
101(20)(G)(vi)'' and inserting ``section
101(20)(H)(vi)''.
(2) Section 1003(d)(6) (33 U.S.C. 2703(d)(6)) is amended by
striking ``this paragraph'' and inserting ``this subsection''.
(3) Section 1016 (33 U.S.C. 2716) is amended--
(A) by redesignating subsections (e) through (i) as
subsections (d) through (h), respectively; and
(B) in subsection (e)(1)(B), as redesignated by
subparagraph (A), by striking ``subsection (e)'' and
inserting ``subsection (d)''.
(4) Section 1012(b)(2) (33 U.S.C. 2712(b)(2)) is amended by
striking ``section 1016(f)(1)'' and inserting ``section
1016(e)(1)''.
(5) Section 1005(b)(5)(B) (33 U.S.C. 2716(b)(5)(B)) is
amended by striking ``section 1016(g)'' and inserting ``section
2716(f)''.
(6) Section 1018(c) (33 U.S.C. 2718(c)) is amended by
striking ``the Act of March 3, 1851 (46 U.S.C. 183 et seq.)''
and inserting ``chapter 305 of title 46, United States Code''.
(7) Section 7001(h)(1) (33 U.S.C. 2761(h)(1)) is amended by
striking ``subsection (c)(4)'' and inserting ``subsection
(e)(4)''.
TITLE VII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A--National Oceanic and Atmospheric Administration
Commissioned Officer Corps
SEC. 701. TITLE AND QUALIFICATIONS OF HEAD OF NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS AND
OFFICE OF MARINE AND AVIATION OPERATIONS; PROMOTIONS OF
FLAG OFFICERS.
(a) Title and Qualifications of Head.--
(1) In general.--Section 228(c) of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of
2002 (33 U.S.C. 3028(c)) is amended--
(A) in the subsection heading, by striking ``Corps
and Office of'' and inserting ``Commissioned Officer
Corps and Assistant Administrator for'';
(B) in the second sentence, by striking ``serving
in'' and all that follows through ``half)'' and
inserting ``who has served, on the date of such
appointment, in the grade of captain or above for not
less than one year''; and
(C) in the fourth sentence, by striking ``Director
of the Office of'' and inserting ``Assistant
Administrator of the National Oceanic and Atmospheric
Administration for''.
(2) Conforming amendment.--Section 4(a) of the Commercial
Engagement Through Ocean Technology Act of 2018 (33 U.S.C.
4103(a)) is amended by striking ``Director of the Office of''
and inserting ``Assistant Administrator of the National Oceanic
and Atmospheric Administration for''.
(b) Promotions of Flag Officers.--Section 226 of the National
Oceanic and Atmospheric Administration Commissioned Officer Corps Act
of 2002 (33 U.S.C. 3026) is amended--
(1) by striking ``Appointments'' and inserting the
following:
``(a) In General.--Appointments'';
(2) by inserting after ``all permanent grades'' the
following: ``, other than a grade described in subsection
(b),''; and
(3) by adding at the end the following:
``(b) Flag Officers.--Appointments in and promotions to the grade
of rear admiral (upper half) or above shall be made by the President,
by and with the advice and consent of the Senate.''.
SEC. 702. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION VESSEL FLEET.
(a) In General.--The NOAA Fleet Modernization Act (33 U.S.C. 891 et
seq.) is amended--
(1) in section 603 (33 U.S.C. 891a)--
(A) in the section heading, by striking ``fleet''
and all that follows through ``program'' and inserting
``operation and maintenance of noaa fleet''; and
(B) by striking ``is authorized'' and all that
follows and inserting the following: ``, acting through
the Assistant Administrator of NOAA for Marine and
Aviation Operations, shall operate and maintain a fleet
of vessels to meet the requirements of NOAA in carrying
out the mission and functions of NOAA, subject to the
requirements of this title.'';
(2) in section 604 (33 U.S.C. 891b)--
(A) in subsection (a), by striking ``Secretary''
and all that follows and inserting ``Secretary, acting
through the Assistant Administrator of NOAA for Marine
and Aviation Operations, shall develop and submit to
the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Natural Resources
and the Committee on Science, Space, and Technology of
the House of Representatives a replacement and
modernization plan for the NOAA fleet not later than
180 days after the date of the enactment of the Coast
Guard Authorization Act of 2024, and every 2 years
thereafter.'';
(B) by striking subsections (b) and (d);
(C) by redesignating subsection (c) as subsection
(b);
(D) in subsection (b), as so redesignated--
(i) in paragraph (1), by striking
``proposed'' and all that follows and inserting
the following: ``in operation in the NOAA fleet
as of the date of submission of the Plan, a
description of the status of those vessels, and
a statement of the planned and anticipated
service life of those vessels;'';
(ii) by striking paragraph (6);
(iii) by redesignating paragraphs (2), (3),
(4), and (5) as paragraphs (4), (5), (6), and
(7), respectively;
(iv) by inserting after paragraph (1) the
following:
``(2) a plan with respect to operation, maintenance, and
replacement of vessels described in paragraph (1), including
the schedule for maintenance or replacement and anticipated
funding requirements;
``(3) the number of vessels proposed to be constructed by
NOAA;'';
(v) in paragraph (4), as so redesignated,
by striking ``constructed, leased, or
chartered'' and inserting ``acquired, leased,
or chartered by NOAA'';
(vi) in paragraph (6), as so redesignated--
(I) by striking ``or any other
federal official'' and inserting ``the
Director of the National Science
Foundation, or any other Federal
official''; and
(II) by striking ``their
availability'' and inserting ``the
availability of those vessels'';
(vii) in paragraph (7), as so redesignated,
by striking ``; and'' and inserting a
semicolon; and
(viii) by adding at the end the following:
``(8) a plan for using small vessels, uncrewed systems, and
partnerships to augment the requirements of NOAA for days at
sea;
``(9) the number of officers of the NOAA commissioned
officer corps and professional wage mariners needed to operate
and maintain the NOAA fleet, including the vessels identified
under paragraph (3); and
``(10) current and potential challenges with meeting the
requirements under paragraph (9) and proposed solutions to
those challenges.''; and
(E) by adding at the end the following:
``(c) Vessel Procurement Approval.--The National Oceanic and
Atmospheric Administration may not procure vessels that are more than
65 feet in length without the approval of the Assistant Administrator
of NOAA for Marine and Aviation Operations.'';
(3) in section 605 (33 U.S.C. 891c)--
(A) in subsection (a), in the matter preceding
paragraph (1), by striking ``working through the Office
of the NOAA Corps Operations and the Systems
Procurement Office'' and inserting ``acting through the
Assistant Administrator of NOAA for Marine and Aviation
Operations''; and
(B) in subsection (b)--
(i) by striking ``shall'' and all that
follows through ``submit to Congress'' and
inserting ``, acting through the Assistant
Administrator of NOAA for Marine and Aviation
Operations, shall submit to the Committee on
Commerce, Science, and Transportation of the
Senate and the Committee on Natural Resources
and the Committee on Science, Space, and
Technology of the House of Representatives,'';
and
(ii) by striking ``subsequent'';
(4) in section 608 (33 U.S.C. 891f)--
(A) by striking subsection (b);
(B) by striking ``(a) Vessel Agreements.--''; and
(C) by inserting after ``Secretary'' the following:
``, acting through the Assistant Administrator of NOAA
for Marine and Aviation Operations,''; and
(5) in section 610 (33 U.S.C. 891h)--
(A) in subsection (a), by striking ``for carrying''
and all that follows and inserting the following:
``$93,000,000 for the period of fiscal years 2025
through 2026 to carry out this title and section 302 of
the Fisheries Survey Vessel Authorization Act of 2000
(title III of Public Law 106-450; 114 Stat. 1945; 33
U.S.C. 891b note).''; and
(B) in subsection (b), by striking ``National
Oceanic and Atmospheric Administration fleet
modernization'' and inserting ``NOAA fleet
modernization,''.
(b) Fishery Survey Vessels.--Section 302(a) of the Fisheries Survey
Vessel Authorization Act of 2000 (title III of Public Law 106-450; 114
Stat. 1945; 33 U.S.C. 891b note) is amended--
(1) by striking ``may in accordance with this section'' and
inserting ``may'';
(2) by striking ``up to six''; and
(3) by inserting after ``this section'' the following:
``and the NOAA Fleet Modernization Act (33 U.S.C. 891 et
seq.)''.
(c) Notifications of Proposed Deactivation of Vessels.--Section
401(b)(4) of the National Oceanic and Atmospheric Administration
Authorization Act of 1992 (Public Law 102-567; 106 Stat. 4291; 33
U.S.C. 891b note) is amended--
(1) by striking ``(A)'' and all that follows through ``The
Secretary'' and inserting ``The Secretary'';
(2) by striking ``the Committee on Merchant Marine and
Fisheries'' and inserting ``the Committee on Natural Resources
and the Committee on Science, Space, and Technology''; and
(3) by striking ``, if an equivalent'' and all that follows
through ``deactivation''.
SEC. 703. COOPERATIVE AVIATION CENTERS.
(a) In General.--Section 218 of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of 2002 (33
U.S.C. 3008) is amended--
(1) in the section heading, by striking ``aviation
accession training programs'' and inserting ``cooperative
aviation centers'';
(2) in subsection (a), by striking paragraphs (2) and (3)
and inserting the following:
``(2) Cooperative aviation center.--The term `Cooperative
Aviation Center' means a Cooperative Aviation Center designated
under subsection (b)(1).'';
(3) in subsection (b)--
(A) in the subsection heading, by striking
``Aviation Accession Training Programs'' and inserting
``Cooperative Aviation Centers'';
(B) by striking paragraphs (3) and (4);
(C) by redesignating paragraph (2) as paragraph
(3);
(D) by striking paragraph (1) and inserting the
following:
``(1) Designation required.--The Administrator shall
designate one or more Cooperative Aviation Centers for the
commissioned officer corps of the Administration at
institutions described in paragraph (3).
``(2) Purpose.--The purpose of Cooperative Aviation Centers
is to facilitate the development and recruitment of aviators
for the commissioned officer corps of the Administration.'';
and
(E) in paragraph (3), as so redesignated--
(i) in the matter preceding subparagraph
(A), inserting ``that'' after ``educational
institution'';
(ii) in subparagraph (A), by striking
``that requests'' and inserting ``applies'';
(iii) in subparagraph (B)--
(I) by striking ``that has'' and
inserting ``has''; and
(II) by striking the semicolon and
inserting ``; and'';
(iv) in subparagraph (C)--
(I) by striking ``that is located''
and inserting ``is located'';
(II) by striking clause (ii);
(III) by striking ``that--'' and
all that follows through
``experiences'' and inserting ``that
experiences''; and
(IV) by striking ``; and'' and
inserting a period; and
(v) by striking subparagraph (D); and
(4) by striking subsections (c), (d), and (e) and inserting
the following:
``(c) Cooperative Aviation Centers Advisor.--
``(1) Assignment.--The Administrator shall assign an
officer or employee of the commissioned officer corps of the
Administration to serve as the Cooperative Aviation Centers
Advisor.
``(2) Duties.--The Cooperative Aviation Centers Advisor
shall--
``(A) coordinate all engagement of the
Administration with Cooperative Aviation Centers,
including assistance with curriculum development; and
``(B) serve as the chief aviation recruiting
officer for the commissioned officer corps of the
Administration.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Act entitled ``An Act to reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372)
is amended by striking the item relating to section 218 and inserting
the following:
``Sec. 218.Cooperative Aviation Centers.''.
SEC. 704. ELIGIBILITY OF FORMER OFFICERS TO COMPETE FOR CERTAIN
POSITIONS.
(a) In General.--The National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3001
et seq.) is amended by inserting after section 269B the following new
section:
``SEC. 269C. ELIGIBILITY OF FORMER OFFICERS TO COMPETE FOR CERTAIN
POSITIONS.
``(a) In General.--An individual who was separated from the
commissioned officer corps of the Administration under honorable
conditions after not fewer than 3 years of active service may not be
denied the opportunity to compete for a vacant position with respect to
which the agency in which the position is located will accept
applications from individuals outside the workforce of that agency
under merit promotion procedures.
``(b) Type of Appointment.--If selected for a position pursuant to
subsection (a), an individual described in that subsection shall
receive a career or career-conditional appointment, as appropriate.
``(c) Announcements.--The area of consideration for a merit
promotion announcement with respect to a position that includes
consideration of individuals within the Federal service for that
position shall--
``(1) indicate that individuals described in subsection (a)
are eligible to apply for the position; and
``(2) be publicized in accordance with section 3327 of
title 5, United States Code.
``(d) Rule of Construction.--Nothing in this section may be
construed to confer an entitlement to veterans' preference that is not
otherwise required by any statute or regulation relating to veterans'
preference.
``(e) Regulations.--The Director of the Office of Personnel
Management shall prescribe regulations necessary for the administration
of this section.
``(f) Reporting Requirement.--Not later than 3 years after the date
of enactment of the Coast Guard Authorization Act of 2024, the
Administrator shall submit to the Committees on Commerce, Science, and
Transportation and Homeland Security and Governmental Affairs of the
Senate and the Committees on Natural Resources and Science, Space, and
Technology of the House of Representatives a report which includes the
following:
``(1) A description of how the Administrator has utilized
the authority granted under this section, including the number
and locations of individuals hired utilizing the authority
granted under this section.
``(2) An overview of the impact to Federal employment for
former members of the commissioned officer corps of the
Administration as a result of the authority granted under this
section.
``(g) Sunset.--This section shall be repealed on the date that is 5
years after the date of enactment of the Coast Guard Authorization Act
of 2024.''.
(b) Clerical Amendment.--The table of contents in section 1 of such
Act is amended by inserting after the item relating to section 269B the
following new item:
``Sec. 269C.Eligibility of former officers to compete for certain
positions.''.
SEC. 705. ALIGNMENT OF PHYSICAL DISQUALIFICATION STANDARD FOR OBLIGATED
SERVICE AGREEMENTS WITH STANDARD FOR VETERANS' BENEFITS.
Section 216(c)(2)(B) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C.
3006(c)(2)(B)) is amended by striking ``misconduct or grossly negligent
conduct'' and inserting ``willful misconduct''.
SEC. 706. STREAMLINING SEPARATION AND RETIREMENT PROCESS.
Section 241(c) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C.
3041(c)) is amended to read as follows:
``(c) Effective Date of Retirements and Separations.--
``(1) In general.--Subject to paragraph (2), a retirement
or separation under subsection (a) shall take effect on such
date as is determined by the Secretary.
``(2) Determination of date.--The effective date determined
under paragraph (1) for a retirement or separation under
subsection (a) shall be--
``(A) except as provided by subparagraph (B), not
earlier than 60 days after the date on which the
Secretary approves the retirement or separation; or
``(B) if the officer concerned requests an earlier
effective date, such earlier date as is determined by
the Secretary.''.
SEC. 707. SEPARATION OF ENSIGNS FOUND NOT FULLY QUALIFIED.
Section 223(b) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (30 U.S.C.
3023(b)) is amended--
(1) by striking ``permanent''; and
(2) by striking ``the officer's commission shall be revoked
and''.
SEC. 708. REPEAL OF LIMITATION ON EDUCATIONAL ASSISTANCE.
(a) In General.--Section 204 of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Amendments Act of
2020 (33 U.S.C. 3079-1) is repealed.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the National Oceanic and Atmospheric Administration Commissioned
Officer Corps Amendments Act of 2020 (Public Law 116-259; 134 Stat.
1153) is amended by striking the item relating to section 204.
SEC. 709. DISPOSAL OF SURVEY AND RESEARCH VESSELS AND EQUIPMENT OF THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
Section 548 of title 40, United States Code, is amended--
(1) by striking ``The Maritime'' and inserting ``(a) In
General.--Except as provided in subsection (b), the Maritime'';
and
(2) by adding at the end the following:
``(b) National Oceanic and Atmospheric Administration Vessels and
Equipment.--
``(1) Authority.--The Administrator of the National Oceanic
and Atmospheric Administration may dispose of covered vessels
and equipment, which would otherwise be disposed of under
subsection (a), through sales or transfers under this title.
``(2) Use of proceeds.--During the 2-year period beginning
of the date of enactment of the Coast Guard Authorization Act
of 2024, notwithstanding section 571 of this title or section
3302 of title 31, the Administrator of the National Oceanic and
Atmospheric Administration may--
``(A) retain the proceeds from the sale or transfer
of a covered vessel or equipment under paragraph (1)
until expended under subparagraph (B); and
``(B) use such proceeds, without fiscal year
limitation, for the acquisition of new covered vessels
and equipment or the repair and maintenance of existing
covered vessels and equipment.
``(3) Covered vessels and equipment defined.--In this
subsection, the term `covered vessels and equipment' means
survey and research vessels and related equipment owned by the
Federal Government and under the control of the National
Oceanic and Atmospheric Administration.''.
Subtitle B--South Pacific Tuna Treaty Matters
SEC. 721. REFERENCES TO SOUTH PACIFIC TUNA ACT OF 1988.
Except as otherwise expressly provided, wherever in this subtitle
an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the South
Pacific Tuna Act of 1988 (16 U.S.C. 973 et seq.).
SEC. 722. DEFINITIONS.
(a) Applicable National Law.--Section 2(4) (16 U.S.C. 973(4)) is
amended by striking ``described in paragraph 1(a) of Annex I of'' and
inserting ``noticed and in effect in accordance with''.
(b) Closed Area.--Section 2(5) (16 U.S.C. 973(5)) is amended by
striking ``of the closed areas identified in Schedule 2 of Annex I of''
and inserting ``area within the jurisdiction of a Pacific Island Party
that is closed to vessels pursuant to a national law of that Pacific
Island Party and is noticed and in effect in accordance with''.
(c) Fishing.--Section 2(6) (16 U.S.C. 973(6)) is amended--
(1) in subparagraph (C), by inserting ``for any purpose''
after ``harvesting of fish''; and
(2) by amending subparagraph (F) to read as follows:
``(F) use of any other vessel, vehicle, aircraft,
or hovercraft for any activity described in this
paragraph except for emergencies involving the health
or safety of the crew or the safety of a vessel.''.
(d) Fishing Vessel; Vessel.--Section 2(7) (16 U.S.C. 973(7)) is
amended by striking ``commercial fishing'' and inserting ``commercial
purse seine fishing for tuna''.
(e) Licensing Area.--Section 2(8) (16 U.S.C. 973(8)) is amended by
striking ``in the Treaty Area'' and all that follows and inserting
``under the jurisdiction of a Pacific Island Party, except for internal
waters, territorial seas, archipelagic waters, and any Closed Area.''.
(f) Limited Area; Party; Treaty Area.--Section 2 (16 U.S.C. 973) is
amended--
(1) by striking paragraphs (10), (13), and (18);
(2) by redesignating paragraphs (11) and (12) as paragraphs
(10) and (11), respectively;
(3) by redesignating paragraph (14) as paragraph (12); and
(4) by redesignating paragraphs (15) through (17) as
paragraphs (14) through (16), respectively.
(g) Regional Terms and Conditions.--Section 2 (16 U.S.C. 973) is
amended by inserting after paragraph (12), as redesignated by
subsection (f)(3), the following:
``(13) The term `regional terms and conditions' means any
of the terms or conditions attached by the Administrator to a
license issued by the Administrator, as notified by the
Secretary.''.
SEC. 723. PROHIBITED ACTS.
(a) In General.--Section 5(a) (16 U.S.C. 973c(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``Except as provided in section 6 of this Act, it'' and
inserting ``It'';
(2) by striking paragraphs (3) and (4);
(3) by redesignating paragraphs (5) through (13) as
paragraphs (3) through (11), respectively;
(4) in paragraph (3), as so redesignated, by inserting ``,
except in accordance with an agreement pursuant to the Treaty''
after ``Closed Area'';
(5) in paragraph (10), as so redesignated, by striking
``or'' at the end;
(6) in paragraph (11), as so redesignated, by striking the
period at the end and inserting a semicolon; and
(7) by adding at the end the following:
``(12) to violate any of the regional terms and conditions;
or
``(13) to violate any limit on an authorized fishing effort
or catch.''.
(b) In the Licensing Area.--Section 5(b) (16 U.S.C. 973c(b)) is
amended--
(1) in the matter preceding paragraph (1), by striking
``Except as provided in section 6 of this Act, it'' and
inserting ``It'';
(2) by striking paragraph (5); and
(3) by redesignating paragraphs (6) and (7) as paragraphs
(5) and (6), respectively.
SEC. 724. EXCEPTIONS.
Section 6 (16 U.S.C. 973d) is repealed.
SEC. 725. CRIMINAL OFFENSES.
Section 7(a) (16 U.S.C. 973e(a)) is amended by striking ``section
5(a) (8), (10), (11), or (12)'' and inserting ``paragraph (6), (8),
(9), or (10) of section 5(a)''.
SEC. 726. CIVIL PENALTIES.
(a) Amount.--Section 8(a) (16 U.S.C. 973f(a)) is amended--
(1) in the first sentence, by striking ``Code'' after
``liable to the United States''; and
(2) in the fourth sentence, by striking ``Except for those
acts prohibited by section 5(a) (4), (5), (7), (8), (10), (11),
and (12), and section 5(b) (1), (2), (3), and (7) of this Act,
the'' and inserting ``The''.
(b) Waiver of Referral to Attorney General.--Section 8(g) (16
U.S.C. 973f(g)) is amended--
(1) in the matter preceding paragraph (1), by striking
``section 5(a)(1), (2), (3), (4), (5), (6), (7), (8), (9), or
(13)'' and inserting ``paragraph (1), (2), (3), (4), (5), (6),
(7), (11), (12), or (13) of section 5(a)''; and
(2) in paragraph (2), by striking ``, all Limited Areas
closed to fishing,'' after ``outside of the Licensing Area''.
SEC. 727. LICENSES.
(a) Forwarding of Vessel License Application.--Section 9(b) (16
U.S.C. 973g(b)) is amended to read as follows:
``(b) In accordance with subsection (e), and except as provided in
subsection (f), the Secretary shall forward a vessel license
application to the Administrator whenever such application is in
accordance with application procedures established by the Secretary.''.
(b) Fees and Schedules.--Section 9(c) (16 U.S.C. 973g(c)) is
amended to read as follows:
``(c) Fees required under the Treaty shall be paid in accordance
with the Treaty and any procedures established by the Secretary.''.
(c) Minimum Fees Required To Be Received in Initial Year; Grounds
for Denial of Forwarding of License Application; Grandfathering of
Certain Vessels.--Section 9 (16 U.S.C. 973g) is amended--
(1) by striking subsection (f);
(2) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively;
(3) by amending subsection (f), as so redesignated, to read
as follows:
``(f) The Secretary, in consultation with the Secretary of State,
may determine that a license application should not be forwarded to the
Administrator if--
``(1) the application is not in accordance with the Treaty
or the procedures established by the Secretary; or
``(2) the owner or charterer--
``(A) is the subject of proceedings under the
bankruptcy laws of the United States, unless reasonable
financial assurances have been provided to the
Secretary;
``(B) has not established to the satisfaction of
the Secretary that the fishing vessel is fully insured
against all risks and liabilities normally provided in
maritime liability insurance; or
``(C) has not paid any penalty which has become
final, assessed by the Secretary in accordance with
this Act.''; and
(4) in subsection (g), as redesignated by paragraph (2)--
(A) by amending paragraph (1) to read as follows:
``(1) section 12113 of title 46, United States Code;'';
(B) in paragraph (2), by inserting ``of 1972''
after ``Marine Mammal Protection Act'';
(C) in paragraph (3), by inserting ``of 1972''
after ``Marine Mammal Protection Act''; and
(D) in the matter following paragraph (3), by
striking ``any vessel documented'' and all that follows
and inserting the following:
``any vessel documented under the laws of the United States as of
the date of enactment of the Fisheries Act of 1995 (Public Law 104-43)
for which a license has been issued under subsection (a) may fish for
tuna in the Licensing Area, and on the high seas and in waters subject
to the jurisdiction of the United States west of 146 west longitude and
east of 129.5 east longitude in accordance with international law,
subject to the provisions of the Treaty, this Act, and other applicable
law, provided that no such vessel intentionally deploys a purse seine
net to encircle any dolphin or other marine mammal in the course of
fishing.''.
SEC. 728. ENFORCEMENT.
(a) Notice Requirements to Pacific Island Party Concerning
Institution of Legal Proceedings.--Section 10(c)(1) (16 U.S.C.
973h(c)(1)) is amended--
(1) in the first sentence, by striking ``paragraph 8 of
Article 4 of''; and
(2) in the third sentence, by striking ``Article 10 of''.
(b) Searches and Seizures by Authorized Officers.--Section
10(d)(1)(A) (16 U.S.C. 973h(d)(1)(A)) is amended--
(1) in clause (ii), by striking ``or'' at the end; and
(2) in clause (iii), by adding ``or'' at the end.
SEC. 729. FINDINGS BY SECRETARY OF COMMERCE.
(a) Order of Vessel To Leave Waters Upon Failure To Submit to
Jurisdiction of Pacific Island Party; Procedure Applicable.--Section
11(a) (16 U.S.C. 973i(a)) is amended--
(1) in the matter preceding paragraph (1), by striking ``,
all Limited Areas,'';
(2) in paragraph (1)--
(A) in subparagraph (A), by striking ``paragraph 2
of Article 3 of''; and
(B) in subparagraph (C), by striking ``within the
Treaty Area'' and inserting ``under the jurisdiction'';
and
(3) in paragraph (2)--
(A) in subparagraph (A), by striking ``section 5
(a)(4), (a)(5), (b)(2), or (b)(3)'' and inserting
``paragraph (3) of section 5(a) or paragraph (2) or (3)
of section 5(b)'';
(B) in subparagraph (B), by striking ``section
5(b)(7)'' and inserting ``section 5(b)(6)''; and
(C) in subparagraph (C), by striking ``section
5(a)(7)'' and inserting ``section 5(a)(5)''.
(b) Order of Vessel To Leave Waters Where Pacific Island Party
Investigating Alleged Treaty Infringement.--Section 11(b) (16 U.S.C.
973i(b)) is amended by striking ``paragraph 7 of Article 5 of''.
SEC. 730. DISCLOSURE OF INFORMATION.
Section 12 (16 U.S.C. 973j) is amended to read as follows:
``SEC. 12. DISCLOSURE OF INFORMATION.
``(a) Prohibited Disclosure of Certain Information.--Pursuant to
section 552(b)(3) of title 5, United States Code, except as provided in
subsection (b), the Secretary shall keep confidential and may not
disclose the following information:
``(1) Information provided to the Secretary by the
Administrator that the Administrator has designated
confidential.
``(2) Information collected by observers.
``(3) Information submitted to the Secretary by any person
in compliance with the requirements of this Act.
``(b) Authorized Disclosure of Certain Information.--The Secretary
may disclose information described in subsection (a)--
``(1) if disclosure is ordered by a court;
``(2) if the information is used by a Federal employee--
``(A) for enforcement; or
``(B) in support of the homeland security missions
and non-homeland security missions of the Coast Guard
as defined in section 888 of the Homeland Security Act
of 2002 (6 U.S.C. 468);
``(3) if the information is used by a Federal employee or
an employee of a Fishery Management Council for the
administration of the Treaty or fishery management and
monitoring;
``(4) to the Administrator, in accordance with the
requirements of the Treaty and this Act;
``(5) to the secretariat or equivalent of an international
fisheries management organization of which the United States is
a member, in accordance with the requirements or decisions of
such organization, and insofar as possible, in accordance with
an agreement that prevents public disclosure of the identity of
any person that submits such information;
``(6) if the Secretary has obtained written authorization
from the person providing such information, and disclosure does
not violate other requirements of this Act; or
``(7) in an aggregate or summary form that does not
directly or indirectly disclose the identity of any person that
submits such information.
``(c) Savings Clause.--
``(1) Nothing in this section shall be construed to
adversely affect the authority of Congress, including a
Committee or Member thereof, to obtain any record or
information.
``(2) The absence of a provision similar to paragraph (1)
in any other provision of law shall not be construed to limit
the ability of the Senate or the House of Representatives,
including a Committee or Member thereof, to obtain any record
or information.''.
SEC. 731. CLOSED AREA STOWAGE REQUIREMENTS.
Section 13 (16 U.S.C. 973k) is amended by striking ``. In
particular, the boom shall be lowered'' and all that follows and
inserting ``and in accordance with any requirements established by the
Secretary.''.
SEC. 732. OBSERVERS.
Section 14 (16 U.S.C. 973l) is repealed.
SEC. 733. FISHERIES-RELATED ASSISTANCE.
Section 15 (16 U.S.C. 973m) is amended to read as follows:
``SEC. 15. FISHERIES-RELATED ASSISTANCE.
``The Secretary and the Secretary of State may provide assistance
to a Pacific Island Party to benefit such Pacific Island Party from the
development of fisheries resources and the operation of fishing vessels
that are licensed pursuant to the Treaty, including--
``(1) technical assistance;
``(2) training and capacity building opportunities;
``(3) facilitation of the implementation of private sector
activities or partnerships; and
``(4) other activities as determined appropriate by the
Secretary and the Secretary of State.''.
SEC. 734. ARBITRATION.
Section 16 (16 U.S.C. 973n) is amended--
(1) by striking ``Article 6 of'' after ``arbitral tribunal
under''; and
(2) by striking ``paragraph 3 of that Article'' and all
that follows through ``under such paragraph'' and inserting
``the Treaty, shall determine the location of the arbitration,
and shall represent the United States in reaching agreement
under the Treaty''.
SEC. 735. DISPOSITION OF FEES, PENALTIES, FORFEITURES, AND OTHER
MONEYS.
Section 17 (16 U.S.C. 973o) is amended by striking ``Article 4
of''.
SEC. 736. ADDITIONAL AGREEMENTS.
Section 18 (16 U.S.C. 973p) is amended by striking ``Within 30 days
after'' and all that follows and inserting ``The Secretary may
establish procedures for review of any agreements for additional
fishing access entered into pursuant to the Treaty.''.
Subtitle C--Other Matters
SEC. 741. NORTH PACIFIC RESEARCH BOARD ENHANCEMENT.
(a) Short Title.--This section may be cited as the ``North Pacific
Research Board Enhancement Act''.
(b) Amendments.--Section 401(e) of the Department of the Interior
and Related Agencies Appropriations Act, 1998 (43 U.S.C. 1474d(e)) is
amended--
(1) in paragraph (3)--
(A) in subparagraph (L), by striking ``and'' after
the semicolon;
(B) in subparagraph (M), by striking the period at
the end and inserting a semicolon;
(C) in subparagraph (N), by striking the period at
the end and inserting ``; and'';
(D) by inserting after subparagraph (N) the
following:
``(O) one member who shall represent Alaska Natives
and possesses personal knowledge of, and direct
experience with, subsistence uses and shall be
nominated by the Board and appointed by the
Secretary.''; and
(E) by adding at the end the following: ``Board
members appointed under subparagraphs (N) and (O) shall
serve for 3-year terms, and may be reappointed once.'';
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) If the amount made available for a fiscal year under
subsection (c)(2) is less than the amount made available in the
previous fiscal year, the Administrator of the National Oceanic
and Atmospheric Administration may increase the 15 percent cap
on administrative expenses provided under paragraph (4)(B) for
that fiscal year to prioritize--
``(A) continuing operation of the Board;
``(B) maximizing the percentage of funds directed
to research; and
``(C) maintaining the highest quality standards in
administering grants under this subsection.''.
(c) Waiver.--Beginning on the date of enactment of this Act and
ending on the date that is 5 years after such date of enactment, the 15
percent cap on funds to provide support for the North Pacific Research
Board and administer grants under section 401(e)(4)(B) of the
Department of the Interior and Related Agencies Appropriations Act,
1998 (43 U.S.C. 1474d(e)(4)(B)) shall be waived.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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