§ 1135. Acquisition program baseline breach

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2010

   Coast Guard Authorization Act of 2010

   Pub. L. 111–281 title IV § 402(a) · 124 Stat. 2905

   Enacted · 14 U.S.C. § 1135

   Added Pub. L. 111–281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2947, § 575

   Source evidence

   Code source credit
   Added Pub. L. 111–281, title IV, § 402(a), Oct. 15, 2010, 124 Stat. 2947, § 575

   Enacted provision · exact public law section
   (a) In General.— Part I of title 14, United States Code, is amended by inserting after chapter 13 the following: “Chapter 15— Acquisitions “subchapter i— general provisions “Sec. “561. Acquisition directorate. “562. Improvements in Coast Guard acquisition management. “563. Recognition of Coast Guard personnel for excellence in acquisition. “564. Prohibition on use of lead systems integrators. “565. Required contract terms. “566. Department of Defense consultation. “567. Undefinitized contractual actions. “568. Guidance on excessive pass-through charges. “569. Report on former Coast Guard officials employed by contractors to the agency. “subchapter ii— improved acquisition process and procedures “Sec. “571. Identification of major system acquisitions. “572. Acquisition. “573. Preliminary development and demonstration. “574. Acquisition, production, deployment, and support. “575. Acquisition program baseline breach. “576. Acquisition approval authority. “subchapter iii— definitions “581. Definitions. “SUBCHAPTER I— GENERAL PROVISIONS “§ 561. Acquisition directorate “(a) Establishment.— The Commandant of the Coast Guard shall establish an acquisition directorate to provide guidance and oversight for the implementation and management of all Coast Guard acquisition processes, programs, and projects. “(b) Mission.— The mission of the acquisition directorate is— “(1) to acquire and deliver assets and systems that increase operational readiness, enhance mission performance, and create a safe working environment; and “(2) to assist in the development of a workforce that is trained and qualified to further the Coast Guard’s missions and deliver the best-value products and services to the Nation. “§ 562. Improvements in Coast Guard acquisition management “(a) Project or Program Managers.— “(1) Level 1 projects.— An individual may not be assigned as the project or program manager for a Level 1 acquisition unless the individual holds a Level III acquisition certification as a program manager. “(2) Level 2 projects.— An individual may not be assigned as the project or program manager for a Level 2 acquisition unless the individual holds a Level II acquisition certification as a program manager. “(b) Guidance on Tenure and Accountability of Program and Project Managers.— “(1) Issuance of guidance.— Not later than one year after the date of enactment of the Coast Guard Authorization Act for Fiscal Years 2010 and 2011, the Commandant shall issue guidance to address the qualifications, resources, responsibilities, tenure, and accountability of program and project managers for the management of acquisition projects and programs. The guidance shall address, at a minimum— “(A) the qualifications required for project or program managers, including the number of years of acquisition experience and the professional training levels to be required of those appointed to project or program management positions; “(B) authorities available to project or program managers, including, to the extent appropriate, the authority to object to the addition of new program requirements that would be inconsistent with the parameters established for an acquisition program; and “(C) the extent to which a project or program manager who initiates a new acquisition project or program will continue in management of that project or program without interruption until the delivery of the first production units of the program. “(2) Strategy.— “(A) In general.— Not later than 18 months after the date of enactment of this section, the Commandant shall develop a comprehensive strategy for enhancing the role of Coast Guard project or program managers in developing and carrying out acquisition programs. “(B) Matters to be addressed.— The strategy required by this section shall address, at a minimum— “(i) the creation of a specific career path and career opportunities for individuals who are or may become project or program managers, including the rotational assignments that will be provided to project or program managers; “(ii) the provision of enhanced training and educational opportunities for individuals who are or may become project or program managers; “(iii) the provision of mentoring support to current and future project or program managers by experienced senior executives and program managers within the Coast Guard, and through rotational assignments to the Department of Defense; “(iv) the methods by which the Coast Guard will collect and disseminate best practices and lessons learned on systems acquisition to enhance project and program management throughout the Coast Guard; “(v) the templates and tools that will be used to support improved data gathering and analysis for project and program management and oversight purposes, including the metrics that will be utilized to assess the effectiveness of Coast Guard project or program managers in managing systems acquisition efforts; and “(vi) the methods by which the accountability of project or program managers for the results of acquisition projects and programs will be increased. “(c) Acquisition Workforce.— “(1) In general.— The Commandant shall designate a sufficient number of positions to be in the Coast Guard’s acquisition workforce to perform acquisition-related functions at Coast Guard headquarters and field activities. “(2) Required positions.— In designating positions under subsection (a), the Commandant shall include, at a minimum, positions encompassing the following competencies and functions: “(A) Program management. “(B) Systems planning, research, development, engineering, and testing. “(C) Procurement, including contracting. “(D) Industrial and contract property management. “(E) Life-cycle logistics. “(F) Quality control and assurance. “(G) Manufacturing and production. “(H) Business, cost estimating, financial management, and auditing. “(I) Acquisition education, training, and career development. “(J) Construction and facilities engineering. “(K) Testing and evaluation. “(3) Acquisition management headquarter activities.— The Commandant shall also designate as positions in the acquisition workforce under paragraph (1) those acquisition-related positions located at Coast Guard headquarters units. “(4) Appropriate expertise required.— The Commandant shall ensure that each individual assigned to a position in the acquisition workforce has the appropriate expertise to carry out the responsibilities of that position. “(d) Management Information System.— “(1) In general.— The Commandant shall establish a management information system capability to improve acquisition workforce management and reporting. “(2) Information maintained.— Information maintained with such capability shall include the following standardized information on individuals assigned to positions in the workforce: “(A) Qualifications, assignment history, and tenure of those individuals assigned to positions in the acquisition workforce or holding acquisition-related certifications. “(B) Promotion rates for officers and members of the Coast Guard in the acquisition workforce. “(e) Report on Adequacy of Acquisition Workforce.— “(1) In general.— The Commandant shall report to the appropriate congressional committees and the Committee on Homeland Security of the House of Representatives by July 1 of each year on the scope of the acquisition activities to be performed in the next fiscal year and on the adequacy of the current acquisition workforce to meet that anticipated workload. “(2) Contents.— The report shall— “(A) specify the number of officers, members, and employees of the Coast Guard currently and planned to be assigned to each position designated under subsection (c); and “(B) identify positions that are understaffed to meet the anticipated acquisition workload, and actions that will be taken to correct such understaffing. “(f) Appointments to Acquisition Positions.— The Commandant shall ensure that no requirement or preference for officers or members of the Coast Guard is used in the consideration of persons for positions in the acquisition workforce. “(g) Career Paths.— “(1) Identification of career paths.— To establish acquisition management as a core competency of the Coast Guard, the Commandant shall— “(A) ensure that career paths for officers, members, and employees of the Coast Guard who wish to pursue careers in acquisition are identified in terms of the education, training, experience, and assignments necessary for career progression of those officers, members, and employees to the most senior positions in the acquisition workforce; and “(B) Publication. publish information on such career paths. “(2) Promotion parity.— The Commandant shall ensure that promotion parity is established for officers and members of the Coast Guard who have been assigned to the acquisition workforce relative to officers and members who have not been assigned to the acquisition workforce. “§ 563. Recognition of Coast Guard personnel for excellence in acquisition “(a) In General.— Not later than 180 days after the date of enactment of the Coast Guard Authorization Act for Fiscal Years 2010 and 2011, the Commandant shall commence implementation of a program to recognize excellent performance by individuals and teams comprised of officers, members, and employees of the Coast Guard that contributed to the long-term success of a Coast Guard acquisition project or program. “(b) Elements.— The program shall include— “(1) specific award categories, criteria, and eligibility and manners of recognition; “(2) procedures for the nomination by personnel of the Coast Guard of individuals and teams comprised of officers, members, and employees of the Coast Guard for recognition under the program; and “(3) procedures for the evaluation of nominations for recognition under the program by one or more panels of individuals from the Government, academia, and the private sector who have such expertise and are appointed in such manner as the Commandant shall establish for the purposes of this program. “(c) Award of Cash Bonuses.— As part of the program required by subsection (a), the Commandant, subject to the availability of appropriations, may award to any civilian employee recognized pursuant to the program a cash bonus to the extent that the performance of such individual so recognized warrants the award of such bonus. “§ 564. Prohibition on use of lead systems integrators “(a) In General.— “(1) Use of lead systems integrator.— Except as provided in subsection (b), the Commandant may not use a private sector entity as a lead systems integrator for an acquisition contract awarded or delivery order or task order issued after the date of enactment of the Coast Guard Authorization Act for Fiscal Years 2010 and 2011. “(2) Full and open competition.— The Commandant and any lead systems integrator engaged by the Coast Guard, pursuant to the exceptions described in subsection (b), shall use full and open competition for any acquisition contract awarded after the date of enactment of that Act, unless otherwise excepted in accordance with Federal acquisition laws and regulations promulgated under those laws, including the Federal Acquisition Regulation. “(3) No effect on small business act.— Nothing in this subsection shall be construed to supersede or otherwise affect the authorities provided by and under the Small Business Act (15 U.S.C. 631 et seq.). “(b) Exceptions.— “(1) National distress and response system modernization program; c4isr; national security cutters 2 and 3.— Notwithstanding Certification. subsection (a), the Commandant may use a private sector entity as a lead systems integrator for the Coast Guard to complete the National Distress and Response System Modernization Program (otherwise known as the ‘Rescue 21’ program), the C4ISR projects directly related to the Integrated Deepwater program, and National Security Cutters 2 and 3, if the Secretary of the department in which the Coast Guard is operating certifies that— “(A) the acquisition is in accordance with Federal law and the Federal Acquisition Regulation; and “(B) the acquisition and the use of a private sector lead systems integrator for the acquisition is in the best interest of the Federal Government. “(2) Report on decisionmaking process.— If the Commandant uses a private sector lead systems integrator for an acquisition, the Commandant shall notify in writing the appropriate congressional committees of the Commandant’s determination and shall provide to such committees a detailed rationale for the determination, at least 30 days before the award of a contract or issuance of a delivery order or task order, using a private sector lead systems integrator, including a comparison of the cost of the acquisition through the private sector lead systems integrator with the expected cost if the acquisition were awarded directly to the manufacturer or shipyard. For purposes of that comparison, the cost of award directly to a manufacturer or shipyard shall include the costs of Government contract management and oversight. “(c) Limitation on Lead Systems Integrators.— Neither an entity performing lead systems integrator functions for a Coast Guard acquisition nor a Tier 1 subcontractor for any acquisition may have a financial interest in a subcontractor below the Tier 1 subcontractor level unless— “(1) the subcontractor was selected by the prime contractor through full and open competition for such procurement; “(2) the procurement was awarded by the lead systems integrator or a subcontractor through full and open competition; “(3) the procurement was awarded by a subcontractor through a process over which the lead systems integrator and a Tier 1 subcontractor exercised no control; or “(4) the Commandant has determined that the procurement was awarded in a manner consistent with Federal acquisition laws and regulations promulgated under those laws, including the Federal Acquisition Regulation. “(d) Termination Date for Exceptions.— Except as described in subsection (b)(1), the Commandant may not use a private sector entity as a lead systems integrator for acquisition contracts awarded, or task orders or delivery orders issued, after the earlier of— “(1) September 30, 2011; or “(2) the Certification. date on which the Commandant certifies in writing to the appropriate congressional committees that the Coast Guard has available and can retain sufficient acquisition workforce personnel and expertise within the Coast Guard, through an arrangement with other Federal agencies, or through contracts or other arrangements with private sector entities, to perform the functions and responsibilities of the lead systems integrator in an efficient and cost-effective manner. “§ 565. Required contract terms “(a) In General.— The Commandant shall ensure that a contract awarded or a delivery order or task order issued for an acquisition of a capability or an asset with an expected service life of 10 or more years and with a total acquisition cost that is equal to or exceeds $10,000,000 awarded or issued by the Coast Guard after the date of enactment of the Coast Guard Authorization Act for Fiscal Years 2010 and 2011— “(1) provides that all certifications for an end-state capability or asset under such contract, delivery order, or task order, respectively, will be conducted by the Commandant or an independent third party, and that self-certification by a contractor or subcontractor is not allowed; “(2) provides that the Commandant shall maintain the authority to establish, approve, and maintain technical requirements; “(3) requires that any measurement of contractor and subcontractor performance be based on the status of all work performed, including the extent to which the work performed met all performance, cost, and schedule requirements; “(4) specifies that, for the acquisition or upgrade of air, surface, or shore capabilities and assets for which compliance with TEMPEST certification is a requirement, the standard for determining such compliance will be the air, surface, or shore standard then used by the Department of the Navy for that type of capability or asset; and “(5) for any contract awarded to acquire an Offshore Patrol Cutter, includes provisions specifying the service life, fatigue life, and days underway in general Atlantic and North Pacific Sea conditions, maximum range, and maximum speed the cutter will be built to achieve. “(b) Prohibited Provisions.— “(1) In general.— The Commandant shall ensure that any contract awarded or delivery order or task order issued by the Coast Guard after the date of enactment of the Coast Guard Authorization Act of 2010 does not include any provision allowing for equitable adjustment that is not consistent with the Federal Acquisition Regulations. “(2) Extension of program.— A contract, contract modification, or award term extending a contract with a lead systems integrator— “(A) may not include any minimum requirements for the purchase of a given or determinable number of specific capabilities or assets; and “(B) shall Review. Deadline. be reviewed by an independent third party with expertise in acquisition management, and the results of that review shall be submitted to the appropriate congressional committees at least 60 days prior to the award of the contract, contract modification, or award term. “(c) Integrated Product Teams.— Integrated product teams, and all teams that oversee integrated product teams, shall be chaired by officers, members, or employees of the Coast Guard. “(d) Technical Authority.— The Commandant shall maintain or designate the technical authority to establish, approve, and maintain technical requirements. Any such designation shall be made in writing and may not be delegated to the authority of the Chief Acquisition Officer established by section 56 of this title. “§ 566. Department of Defense consultation “(a) In General.— The Commandant shall make arrangements as appropriate with the Secretary of Defense for support in contracting and management of Coast Guard acquisition programs. The Commandant shall also seek opportunities to make use of Department of Defense contracts, and contracts of other appropriate agencies, to obtain the best possible price for assets acquired for the Coast Guard. “(b) Interservice Technical Assistance.— The Commandant shall seek to enter into a memorandum of understanding or a memorandum of agreement with the Secretary of the Navy to obtain the assistance of the Office of the Assistant Secretary of the Navy for Research, Development, and Acquisition, including the Navy Systems Command, with the oversight of Coast Guard major acquisition programs. The memorandum of understanding or memorandum of agreement shall, at a minimum, provide for— “(1) the exchange of technical assistance and support that the Assistant Commandants for Acquisition, Human Resources, Engineering, and Information technology may identify; “(2) the use, as appropriate, of Navy technical expertise; and “(3) the temporary assignment or exchange of personnel between the Coast Guard and the Office of the Assistant Secretary of the Navy for Research, Development, and Acquisition, including Naval Systems Command, to facilitate the development of organic capabilities in the Coast Guard. “(c) Technical Requirement Approval Procedures.— The Chief Acquisition Officer shall adopt, to the extent practicable, procedures modeled after those used by the Navy Senior Acquisition Official to approve all technical requirements. “(d) Assessment.— Within Deadline. Reports. 180 days after the date of enactment of the Coast Guard Authorization Act for fiscal years 2010 and 2011, the Comptroller General of the United States shall transmit a report to the appropriate congressional committees that— “(1) contains an assessment of current Coast Guard acquisition and management capabilities to manage Level 1 and Level 2 acquisitions; “(2) includes recommendations as to how the Coast Guard can improve its acquisition management, either through internal reforms or by seeking acquisition expertise from the Department of Defense; and “(3) addresses specifically the question of whether the Coast Guard can better leverage Department of Defense or other agencies’ contracts that would meet the needs of Level 1 or Level 2 acquisitions in order to obtain the best possible price. “§ 567. Undefinitized contractual actions “(a) In General.— The Coast Guard may not enter into an undefinitized contractual action unless such action is directly approved by the Head of Contracting Activity of the Coast Guard. “(b) Requests for Undefinitized Contractual Actions.— Any request to the Head of Contracting Activity for approval of an undefinitized contractual action shall include a description of the anticipated effect on requirements of the Coast Guard if a delay is incurred for the purposes of determining contractual terms, specifications, and price before performance is begun under the contractual action. “(c) Requirements for Undefinitized Contractual Actions.— “(1) Deadline for agreement on terms, specifications, and price.— A contracting officer of the Coast Guard may not enter into an undefinitized contractual action unless the contractual action provides for agreement upon contractual terms, specification, and price by the earlier of— “(A) the end of the 180-day period beginning on the date on which the contractor submits a qualifying proposal to definitize the contractual terms, specifications, and price; or “(B) the date on which the amount of funds obligated under the contractual action is equal to more than 50 percent of the negotiated overall ceiling price for the contractual action. “(2) Limitation on obligations.— “(A) In general.— Except as provided in subparagraph (B), the contracting officer for an undefinitized contractual action may not obligate under such contractual action an amount that exceeds 50 percent of the negotiated overall ceiling price until the contractual terms, specifications, and price are definitized for such contractual action. “(B) Exception.— Notwithstanding subparagraph (A), if a contractor submits a qualifying proposal to definitize an undefinitized contractual action before an amount that exceeds 50 percent of the negotiated overall ceiling price is obligated on such action, the contracting officer for such action may not obligate with respect to such contractual action an amount that exceeds 75 percent of the negotiated overall ceiling price until the contractual terms, specifications, and price are definitized for such contractual action. “(3) Waiver.— The Commandant may waive the application of this subsection with respect to a contract if the Commandant determines that the waiver is necessary to support— “(A) a contingency operation (as that term is defined in section 101(a)(13) of title 10); “(B) operations to prevent or respond to a transportation security incident (as defined in section 70101(6) of title 46); “(C) an operation in response to an emergency that poses an unacceptable threat to human health or safety or to the marine environment; or “(D) an operation in response to a natural disaster or major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). “(4) Limitation on application.— This subsection does not apply to an undefinitized contractual action for the purchase of initial spares. “(d) Inclusion of Nonurgent Requirements.— Requirements for spare parts and support equipment that are not needed on an urgent basis may not be included in an undefinitized contractual action by the Coast Guard for spare parts and support equipment that are needed on an urgent basis unless the Commandant approves such inclusion as being— “(1) good business practice; and “(2) in the best interests of the United States. “(e) Modification of Scope.— The scope of an undefinitized contractual action under which performance has begun may not be modified unless the Commandant approves such modification as being— “(1) good business practice; and “(2) in the best interests of the United States. “(f) Allowable Profit.— The Commandant shall ensure that the profit allowed on an undefinitized contractual action for which the final price is negotiated after a substantial portion of the performance required is completed reflects— “(1) the possible reduced cost risk of the contractor with respect to costs incurred during performance of the contract before the final price is negotiated; and “(2) the reduced cost risk of the contractor with respect to costs incurred during performance of the remaining portion of the contract. “(g) Definitions.— In this section: “(1) Undefinitized contractual action.— “(A) In general.— Except as provided in subparagraph (B), the term ‘undefinitized contractual action’ means a new procurement action entered into by the Coast Guard for which the contractual terms, specifications, or price are not agreed upon before performance is begun under the action. “(B) Exclusion.— The term ‘undefinitized contractual action’ does not include contractual actions with respect to— “(i) foreign military sales; “(ii) purchases in an amount not in excess of the amount of the simplified acquisition threshold; or “(iii) special access programs. “(2) Qualifying proposal.— The term “qualifying proposal’ means a proposal that contains sufficient information to enable complete and meaningful audits of the information contained in the proposal as determined by the contracting officer. “§ 568. Guidance on excessive pass-through charges “(a) In General.— Not later than 180 days after the date of enactment of the Coast Guard Authorization Act for Fiscal Years 2010 and 2011, the Commandant shall issue guidance to ensure that pass-through charges on contracts, subcontracts, delivery orders, and task orders that are entered into with a private entity acting as a lead systems integrator by or on behalf of the Coast Guard are not excessive in relation to the cost of work performed by the relevant contractor or subcontractor. The guidance shall, at a minimum— “(1) set forth clear standards for determining when no, or negligible, value has been added to a contract by a contractor or subcontractor; “(2) set forth procedures for preventing the payment by the Government of excessive pass-through charges; and “(3) identify any exceptions determined by the Commandant to be in the best interest of the Government. “(b) Excessive Pass-Through Charge Defined.— In this section the term ‘excessive pass-through charge’, with respect to a contractor or subcontractor that adds no, or negligible, value to a contract or subcontract, means a charge to the Government by the contractor or subcontractor that is for overhead or profit on work performed by a lower tier contractor or subcontractor, other than reasonable charges for the direct costs of managing lower tier contractors and subcontracts and overhead and profit based on such direct costs. “(c) Application of Guidance.— The guidance under this subsection shall apply to contracts awarded to a private entity acting as a lead systems integrator by or on behalf of the Coast Guard on or after the date that is 360 days after the date of enactment of the Coast Guard Authorization Act for Fiscal Years 2010 and 2011. “§ 569. Report on former Coast Guard officials employed by contractors to the agency “(a) Report Required.— Not later than December 31, 2011, and annually thereafter, the Comptroller General of the United States shall submit a report to the appropriate congressional committees on the employment during the preceding year by Coast Guard contractors of individuals who were Coast Guard officials in the previous 5-year period. The report shall assess the extent to which former Coast Guard officials were provided compensation by Coast Guard contractors in the preceding calendar year. “(b) Objectives of Report.— At a minimum, the report required by this section shall assess the extent to which former Coast Guard officials who receive compensation from Coast Guard contractors have been assigned by those contractors to work on contracts or programs between the contractor and the Coast Guard, including contracts or programs for which the former official personally had oversight responsibility or decisionmaking authority when they served in or worked for the Coast Guard. “(c) Confidentiality Requirement.— The report required by this subsection shall not include the names of the former Coast Guard officials who receive compensation from Coast Guard contractors. “(d) Access to Information.— A Coast Guard contractor shall provide the Comptroller General access to information requested by the Comptroller General for the purpose of conducting the study required by this section. “(e) Definitions.— In this section: “(1) Coast guard contractor.— The term ‘Coast Guard contractor’ includes any person that received at least $10,000,000 in contractor awards from the Coast Guard in the calendar year covered by the annual report. “(2) Coast guard official.— The term ‘Coast Guard official’ includes former officers of the Coast Guard who were compensated at a rate of pay for grade O–7 or above during the calendar year prior to the date on which they separated from the Coast Guard, and former civilian employees of the Coast Guard who served at any Level of the Senior Executive Service under subchapter VIII of chapter 53 of title 5, United States Code, during the calendar year prior to the date on which they separated from the Coast Guard. “SUBCHAPTER II— IMPROVED ACQUISITION PROCESS AND PROCEDURES “§ 571. Identification of major system acquisitions “(a) In General.— “(1) Support mechanisms.— The Commandant shall develop and implement mechanisms to support the establishment of mature and stable operational requirements for all acquisitions. “(2) Mission analysis; affordability assessment.— The Commandant may not initiate a Level 1 or Level 2 acquisition project or program until the Commandant— “(A) completes a mission analysis that— “(i) identifies the specific capability gaps to be addressed by the project or program; and “(ii) develops a clear mission need to be addressed by the project or program; and “(B) prepares a preliminary affordability assessment for the project or program. “(b) Elements.— “(1) Requirements.— The mechanisms required by subsection (a) shall ensure the implementation of a formal process for the development of a mission-needs statement, concept-of-operations document, capability development plan, and resource proposal for the initial project or program funding, and shall ensure the project or program is included in the Coast Guard Capital Investment Plan. “(2) Assessment of trade-offs.— In conducting an affordability assessment under subsection (a)(2)(B), the Commandant shall develop and implement mechanisms to ensure that trade-offs among cost, schedule, and performance are considered in the establishment of preliminary operational requirements for development and production of new assets and capabilities for Level 1 and Level 2 acquisitions projects and programs. “(c) Human Resource Capital Planning.— The Commandant shall develop staffing predictions, define human capital performance initiatives, and identify preliminary training needs required to implement each Level 1 and Level 2 acquisition project and program. “§ 572. Acquisition “(a) In General.— The Commandant may not establish a Level 1 or Level 2 acquisition project or program until the Commandant— “(1) clearly defines the operational requirements for the project or program; “(2) establishes the feasibility of alternatives; “(3) develops an acquisition project or program baseline; “(4) produces a life-cycle cost estimate; and “(5) assesses the relative merits of alternatives to determine a preferred solution in accordance with the requirements of this section. “(b) Submission Required Before Proceeding.— Any Coast Guard Level 1 or Level 2 acquisition project or program may not begin to obtain any capability or asset or proceed beyond that phase of its development that entails approving the supporting acquisition until the Commandant submits to the appropriate congressional committees the following: “(1) The key performance parameters, the key system attributes, and the operational performance attributes of the capability or asset to be acquired under the proposed acquisition project or program. “(2) A detailed list of the systems or other capabilities with which the capability or asset to be acquired is intended to be interoperable, including an explanation of the attributes of interoperability. “(3) The anticipated acquisition project or program baseline and acquisition unit cost for the capability or asset to be acquired under the project or program. “(4) A detailed schedule for the acquisition process showing when all capability and asset acquisitions are to be completed and when all acquired capabilities and assets are to be initially and fully deployed. “(c) Analysis of Alternatives.— “(1) In general.— The Coast Guard may not acquire an experimental or technically immature capability or asset or implement a Level 1 or Level 2 acquisition project or program, unless it has prepared an analysis of alternatives for the capability or asset to be acquired in the concept and technology development phase of the acquisition process for the capability or asset. “(2) Requirements.— The analysis of alternatives shall be prepared by a federally funded research and development center, a qualified entity of the Department of Defense, or a similar independent third-party entity that has appropriate acquisition expertise and has no financial interest in any part of the acquisition project or program that is the subject of the analysis. At a minimum, the analysis of alternatives shall include— “(A) an assessment of the technical maturity of the capability or asset, and technical and other risks; “(B) an examination of capability, interoperability, and other advantages and disadvantages; “(C) an evaluation of whether different combinations or quantities of specific assets or capabilities could meet the Coast Guard’s overall performance needs; “(D) a discussion of key assumptions and variables, and sensitivity to change in such assumptions and variables; “(E) when an alternative is an existing capability, asset, or prototype, an evaluation of relevant safety and performance records and costs; “(F) a calculation of life-cycle costs including— “(i) an examination of likely research and development costs and the levels of uncertainty associated with such estimated costs; “(ii) an examination of likely production and deployment costs and the levels of uncertainty associated with such estimated costs; “(iii) an examination of likely operating and support costs and the levels of uncertainty associated with such estimated costs; “(iv) if they are likely to be significant, an examination of likely disposal costs and the levels of uncertainty associated with such estimated costs; and “(v) such additional measures as the Commandant or the Secretary of the department in which the Coast Guard is operating determines to be necessary for appropriate evaluation of the capability or asset; and “(G) the business case for each viable alternative. “(d) Test and Evaluation Master Plan.— “(1) In general.— For any Level 1 or Level 2 acquisition project or program the Chief Acquisition Officer must approve a test and evaluation master plan specific to the acquisition project or program for the capability, asset, or subsystems of the capability or asset and intended to minimize technical, cost, and schedule risk as early as practicable in the development of the project or program. “(2) Test and evaluation strategy.— The master plan shall— “(A) set forth an integrated test and evaluation strategy that will verify that capability-level or asset-level and subsystem-level design and development, including performance and supportability, have been sufficiently proven before the capability, asset, or subsystem of the capability or asset is approved for production; and “(B) require that adequate developmental tests and evaluations and operational tests and evaluations established under subparagraph (A) are performed to inform production decisions. “(3) Other components of the master plan.— At a minimum, the master plan shall identify— “(A) the key performance parameters to be resolved through the integrated test and evaluation strategy; “(B) critical operational issues to be assessed in addition to the key performance parameters; “(C) specific development test and evaluation phases and the scope of each phase; “(D) modeling and simulation activities to be performed, if any, and the scope of such activities; “(E) early operational assessments to be performed, if any, and the scope of such assessments; “(F) operational test and evaluation phases; “(G) an estimate of the resources, including funds, that will be required for all test, evaluation, assessment, modeling, and simulation activities; and “(H) the Government entity or independent entity that will perform the test, evaluation, assessment, modeling, and simulation activities. “(4) Update.— The Chief Acquisition Officer must approve an updated master plan whenever there is a revision to project or program test and evaluation strategy, scope, or phasing. “(5) Limitation.— The Coast Guard may not— “(A) proceed beyond that phase of the acquisition process that entails approving the supporting acquisition of a capability or asset before the master plan is approved by the Chief Acquisition Officer; or “(B) award any production contract for a capability, asset, or subsystem for which a master plan is required under this subsection before the master plan is approved by the Chief Acquisition Officer. “(e) Life-Cycle Cost Estimates.— “(1) In general.— The Commandant shall implement mechanisms to ensure the development and regular updating of life-cycle cost estimates for each acquisition with a total acquisition cost that equals or exceeds $10,000,000 and an expected service life of 10 or more years, and to ensure that these estimates are considered in decisions to develop or produce new or enhanced capabilities and assets. “(2) Types of estimates.— In addition to life-cycle cost estimates that may be developed by acquisition program offices, the Commandant shall require that an independent life-cycle cost estimate be developed for each Level 1 or Level 2 acquisition project or program. “(3) Required updates.— For each Level 1 or Level 2 acquisition project or program the Commandant shall require that life-cycle cost estimates shall be updated before each milestone decision is concluded and the project or program enters a new acquisition phase. “§ 573. Preliminary development and demonstration “(a) In General.— The Commandant shall ensure that developmental test and evaluation, operational test and evaluation, life- cycle cost estimates, and the development and demonstration requirements applied by this chapter to acquisition projects and programs are met to confirm that the projects or programs meet the requirements identified in the mission-analysis and affordability assessment prepared under section 571(a)(2), the operational requirements developed under section 572(a)(1) and the following development and demonstration objectives: “(1) To demonstrate that the design, manufacturing, and production solution is based upon a stable, producible, and cost-effective product design. “(2) To ensure that the product capabilities meet contract specifications, acceptable operational performance requirements, and system security requirements. “(3) To ensure that the product design is mature enough to commit to full production and deployment. “(b) Tests and Evaluations.— “(1) In general.— The Commandant shall ensure that the Coast Guard conducts developmental tests and evaluations and operational tests and evaluations of a capability or asset and the subsystems of the capability or asset in accordance with the master plan prepared for the capability or asset under section 572(d)(1). “(2) Use of third parties.— The Commandant shall ensure that the Coast Guard uses independent third parties with expertise in testing and evaluating the capabilities or assets and the subsystems of the capabilities or assets being acquired to conduct developmental tests and evaluations and operational tests and evaluations whenever the Coast Guard lacks the capability to conduct the tests and evaluations required by a master plan. “(3) Communication of safety concerns.— The Commandant shall require that safety concerns identified during developmental or operational tests and evaluations or through independent or Government-conducted design assessments of capabilities or assets and subsystems of capabilities or assets to be acquired by the Coast Guard shall be communicated as soon as practicable, but not later than 30 days after the completion of the test or assessment event or activity that identified the safety concern, to the program manager for the capability or asset and the subsystems concerned and to the Chief Acquisition Officer. “(4) Reporting of safety concerns.— Any safety concerns that have been reported to the Chief Acquisition Officer for an acquisition program or project shall be reported by the Commandant to the appropriate congressional committees at least 90 days before the award of any contract or issuance of any delivery order or task order for low, initial, or full-rate production of the capability or asset concerned if they will remain uncorrected or unmitigated at the time such a contract is awarded or delivery order or task order is issued. The report shall include a justification for the approval of that level of production of the capability or asset before the safety concerns are corrected or mitigated. The report shall also include an explanation of the actions that will be taken to correct or mitigate the safety concerns, the date by which those actions will be taken, and the adequacy of current funding to correct or mitigate the safety concerns. “(5) Asset already in low, initial, or full-rate production.— If operational test and evaluation of a capability or asset already in low, initial, or full-rate production identifies a safety concern with the capability or asset or any subsystems of the capability or asset not previously identified during developmental or operational test and evaluation, the Commandant shall— “(A) notify Deadline. the program manager and the Chief Acquisition Officer of the safety concern as soon as practicable, but not later than 30 days after the completion of the test and evaluation event or activity that identified the safety concern; and “(B) notify the Chief Acquisition Officer and include in such notification— “(i) an explanation of the actions that will be taken to correct or mitigate the safety concern in all capabilities or assets and subsystems of the capabilities or assets yet to be produced, and the date by which those actions will be taken; “(ii) an explanation of the actions that will be taken to correct or mitigate the safety concern in previously produced capabilities or assets and subsystems of the capabilities or assets, and the date by which those actions will be taken; and “(iii) an assessment of the adequacy of current funding to correct or mitigate the safety concern in capabilities or assets and subsystems of the capabilities or assets and in previously produced capabilities or assets and subsystems. “(c) Technical Certification.— “(1) In general.— The Commandant shall ensure that any Level 1 or Level 2 acquisition project or program is certified by the technical authority of the Coast Guard after review by an independent third party with capabilities in the mission area, asset, or particular asset component. “(2) TEMPEST testing.— The Commandant shall— “(A) cause all electronics on all aircraft, surface, and shore capabilities and assets that require TEMPEST certification and that are delivered after the date of enactment of the Coast Guard Authorization Act of 2010 to be tested in accordance with TEMPEST standards and communications security (comsec) standards by an independent third party that is authorized by the Federal Government to perform such testing; and “(B) certify that the assets meet all applicable TEMPEST requirements. “(3) Cutter classification.— “(A) In general.— The Commandant shall cause each cutter, other than a National Security Cutter, acquired by the Coast Guard and delivered after the date of enactment of the Coast Guard Authorization Act of 2010 to be classed by the American Bureau of Shipping before final acceptance. “(B) Reports.— Not later than December 31, 2011, and biennially thereafter, the Commandant shall provide a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate identifying which, if any, Coast Guard cutters that have been issued a certificate of classification by the American Bureau of Shipping have not been maintained in class and detailing the reasons why they have not been maintained in class. “(4) Other vessels.— The Commandant shall cause the design and construction of each National Security Cutter, other than National Security Cutters 1, 2, and 3, to be assessed by an independent third party with expertise in vessel design and construction certification. “(5) Aircraft airworthiness.— The Commandant shall cause all aircraft and aircraft engines acquired by the Coast Guard and delivered after the date of enactment of the Coast Guard Authorization Act of 2010 to be assessed for airworthiness by an independent third party with expertise in aircraft and aircraft engine certification before final acceptance. “§ 574. Acquisition, production, deployment, and support “(a) In General.— The Commandant shall— “(1) ensure there is a stable and efficient production and support capability to develop an asset or capability for the Coast Guard; “(2) conduct follow-on testing to confirm and monitor performance and correct deficiencies; and “(3) conduct acceptance tests and trials prior to the delivery of each asset or system to ensure the delivered asset or system achieves full operational capability. “(b) Elements.— The Commandant shall— “(1) execute production contracts; “(2) ensure that delivered assets and capabilities meet operational cost and schedules requirements established in the acquisition program baseline; “(3) validate manpower and training requirements to meet system needs to operate, maintain, support, and instruct the assets or capabilities; and “(4) prepare an acquisition project or program transition plan to enter into programmatic sustainment, operations, and support. “§ 575. Acquisition program baseline breach “(a) In General.— The Commandant shall submit a report to the appropriate congressional committees and the Committee on Homeland Security of the House of Representatives as soon as possible, but not later than 30 days, after the Chief Acquisition Officer of the Coast Guard becomes aware of the breach of an acquisition program baseline for any Level 1 or Level 2 acquisition program, by— “(1) a likely cost overrun greater than 15 percent of the acquisition program baseline for that individual capability or asset or a class of capabilities or assets; “(2) a likely delay of more than 180 days in the delivery schedule for any individual capability or asset or class of capabilities or assets; or “(3) an anticipated failure for any individual capability or asset or class of capabilities or assets to satisfy any key performance threshold or parameter under the acquisition program baseline. “(b) Content.— The report submitted under subsection (a) shall include— “(1) a detailed description of the breach and an explanation of its cause; “(2) the projected impact to performance, cost, and schedule; “(3) an updated acquisition program baseline and the complete history of changes to the original acquisition program baseline; “(4) the updated acquisition schedule and the complete history of changes to the original schedule; “(5) a full life-cycle cost analysis for the capability or asset or class of capabilities or assets; “(6) a remediation plan identifying corrective actions and any resulting issues or risks; and “(7) a description of how progress in the remediation plan will be measured and monitored. “(c) Substantial Variances in Costs or Schedule.— If a likely cost overrun is greater than 20 percent or a likely delay is greater than 12 months from the costs and schedule described in the acquisition program baseline for any Level 1 or Level 2 acquisition project or program of the Coast Guard, the Commandant shall include in the report a written certification, with a supporting explanation, that— “(1) the capability or asset or capability or asset class to be acquired under the project or program is essential to the accomplishment of Coast Guard missions; “(2) there are no alternatives to such capability or asset or capability or asset class that will provide equal or greater capability in both a more cost-effective and timely manner; “(3) the new acquisition schedule and estimates for total acquisition cost are reasonable; and “(4) the management structure for the acquisition program is adequate to manage and control performance, cost, and schedule. “§ 576. Acquisition approval authority   “Nothing in this subchapter shall be construed as altering or diminishing in any way the statutory authority and responsibility of the Secretary of the department in which the Coast Guard is operating, or the Secretary’s designee, to— “(1) manage and administer department procurements, including procurements by department components, as required by section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341); or “(2) manage department acquisition activities and act as the Acquisition Decision Authority with regard to the review or approval of a Coast Guard Level 1 or Level 2 acquisition project or program, as required by section 16 of the Office of Federal Procurement Policy Act (41 U.S.C. 414) and related implementing regulations and directives. “SUBCHAPTER III— DEFINITIONS “§ 581. Definitions   “In this chapter: “(1) Appropriate congressional committees.— The term ‘appropriate congressional committees’ means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. “(2) Chief acquisition officer.— The term ‘Chief Acquisition Officer’ means the officer appointed under section 56 of this title. “(3) Commandant.— The term ‘Commandant’ means the Commandant of the Coast Guard. “(4) Level 1 acquisition.— The term ‘Level 1 acquisition’ means— “(A) an acquisition by the Coast Guard— “(i) the estimated life-cycle costs of which exceed $1,000,000,000; or “(ii) the estimated total acquisition costs of which exceed $300,000,000; or “(B) any acquisition that the Chief Acquisition Officer of the Coast Guard determines to have a special interest— “(i) due to— “(I) the experimental or technically immature nature of the asset; “(II) the technological complexity of the asset; “(III) the commitment of resources; or “(IV) the nature of the capability or set of capabilities to be achieved; or “(ii) because such acquisition is a joint acquisition. “(5) Level 2 acquisition.— The term ‘Level 2 acquisition’ means an acquisition by the Coast Guard— “(A) the estimated life-cycle costs of which are equal to or less than $1,000,000,000, but greater than $300,000,000; or “(B) the estimated total acquisition costs of which are equal to or less than $300,000,0000, but greater than $100,000,000. “(6) Life-cycle cost.— The term ‘life-cycle cost’ means all costs for development, procurement, construction, and operations and support for a particular capability or asset, without regard to funding source or management control. “(7) Project or program manager defined.— The term ‘project or program manager’ means an individual designated— “(A) to develop, produce, and deploy a new asset to meet identified operational requirements; and “(B) to manage cost, schedule, and performance of the acquisition, project, or program. “(8) Safety concern.— The term ‘safety concern’ means any hazard associated with a capability or asset or a subsystem of a capability or asset that is likely to cause serious bodily injury or death to a typical Coast Guard user in testing, maintaining, repairing, or operating the capability, asset, or subsystem or any hazard associated with the capability, asset, or subsystem that is likely to cause major damage to the capability, asset, or subsystem during the course of its normal operation by a typical Coast Guard user. “(9) Developmental test and evaluation.— The term ‘developmental test and evaluation’ means— “(A) the testing of a capability or asset and the subsystems of the capability or asset to determine whether they meet all contractual performance requirements, including technical performance requirements, supportability requirements, and interoperability requirements and related specifications; and “(B) the evaluation of the results of such testing. “(10) Operational test and evaluation.— The term ‘operational test and evaluation’ means— “(A) the testing of a capability or asset and the subsystems of the capability or asset, under conditions similar to those in which the capability or asset and subsystems will actually be deployed, for the purpose of determining the effectiveness and suitability of the capability or asset and subsystems for use by typical Coast Guard users to conduct those missions for which the capability or asset and subsystems are intended to be used; and “(B) the evaluation of the results of such testing.” .

2. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. C title XXXV § 3533(g) · 132 Stat. 1636

   Substituted · 14 U.S.C. § 1135(c)

   Pub. L. 115–232, in introductory provisions, substituted “determination, with a supporting explanation, of whether” for “certification, with a supporting explanation, that”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 115–232, in introductory provisions, substituted “determination, with a supporting explanation, of whether” for “certification, with a supporting explanation, that”.

   Enacted provision · exact public law section
   (g) Acquisition Program Baseline Breach.— Section 575(c) of title 14, United States Code, is amended by striking “certification, with a supporting explanation, that” and inserting “determination, with a supporting explanation, of whether”.

3. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 title I § 108(b) · 132 Stat. 4192

   Changed · 14 U.S.C. § 1135

   Pub. L. 115–282 renumbered section 575 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–282 renumbered section 575 of this title as this section.

   Enacted provision · exact public law section
   (b) Redesignations and Transfers.— (1) Requirement.— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended— (A) by redesignating the sections as described in the table; and (B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 11 of such title (as added by subsection (a)), in the order in which the sections are presented in the table. (2) Table.— The table referred to in paragraph (1) is the following: Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation 561Acquisition directorate1101 562Improvements in Coast Guard acquisition management1102 578Role of Vice Commandant in major acquisition programs1103 563Recognition of Coast Guard personnel for excellence in acquisition1104 564Prohibition on use of lead systems integrators1105 565Required contract terms1106 579Extension of major acquisition program contracts1107 566Department of Defense consultation1108 567Undefinitized contractual actions1109 569Mission need statement1110 571Identification of major system acquisitions1131 572Acquisition1132 573Preliminary development and demonstration1133 574Acquisition, production, deployment, and support1134 575Acquisition program baseline breach1135 576Acquisition approval authority1136 665Restriction on construction of vessels in foreign shipyards1151 577Advance procurement funding1152 96Prohibition on overhaul, repair, and maintenance of Coast Guard vessels in foreign shipyards1153 97Procurement of buoy chain1154 657Contract termination1155 581Definitions1171

4. 2021

   Elijah E. Cummings Coast Guard Authorization Act of 2020

   Pub. L. 116–283 div. G title LVXXXII · 134 Stat. 3388

   Added · 14 U.S.C. § 1135(d)

   Pub. L. 116–283 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 116–283 added subsec. (d).

   Enacted provision · exact public law
   TITLE LVXXXII— COAST GUARD Subtitle A— Military Personnel Matters Sec. 8201.  Grade on retirement. Sec. 8202.  Authority for officers to opt out of promotion board consideration. Sec. 8203.  Temporary promotion authority for officers in certain grades with critical skills. Sec. 8204.  Career intermission program. Sec. 8205.  Direct commissioning authority for individuals with critical skills. Sec. 8206.  Employment assistance. Subtitle B— Organization and Management Matters Sec. 8211.  Congressional affairs; Director. Sec. 8212.  Limitations on claims. Sec. 8213.  Renewal of temporary early retirement authority. Sec. 8214.  Major acquisitions; operation and sustainment costs. Sec. 8215.  Support of women serving in the Coast Guard. Sec. 8216.  Disposition of infrastructure related to E–LORAN. Sec. 8217.  Positions of importance and responsibility. Sec. 8218.  Research projects; transactions other than contracts and grants. Sec. 8219.  Acquisition workforce authorities. Sec. 8220.  Vessel conversion, alteration, and repair projects. Sec. 8221.  Modification of acquisition process and procedures. Sec. 8222.  Establishment and purpose of Fund; definition. Sec. 8223.  Payments from Fund. Sec. 8224.  Determination of contributions to Fund. Sec. 8225.  Payments into Fund. Subtitle C— Access to Child Care for Coast Guard Families Sec. 8231.  Report on child care and school-age care assistance for qualified families. Sec. 8232.  Review of family support services website and online tracking system. Sec. 8233.  Study and survey on Coast Guard child care needs. Sec. 8234.  Pilot program to expand access to child care. Sec. 8235.  Improvements to Coast Guard-owned family housing. Sec. 8236.  Briefing on transfer of family child care provider qualifications and certifications. Sec. 8237.  Inspections of Coast Guard child development centers and family child care providers. Sec. 8238.  Expanding opportunities for family child care. Sec. 8239.  Definitions. Subtitle D— Reports Sec. 8240.  Modifications of certain reporting requirements. Sec. 8241.  Report on cybersecurity workforce. Sec. 8242.  Report on navigation and bridge resource management. Sec. 8243.  Report on helicopter life-cycle support and recapitalization. Sec. 8244.  Report on Coast Guard response capabilities for cyber incidents on vessels entering ports or waters of the United States. Sec. 8245.  Study and report on Coast Guard interdiction of illicit drugs in transit zones. Sec. 8246.  Report on liability limits set in section 1004 of the Oil Pollution Act of 1990. Sec. 8247.  Report on Coast Guard defense readiness resources allocation. Sec. 8248.  Report on the feasibility of liquefied natural gas fueled vessels. Sec. 8249.  Coast Guard authorities study. Sec. 8250.  Report on effects of climate change on Coast Guard. Sec. 8251.  Shore infrastructure. Sec. 8252.  Coast Guard housing; status and authorities briefing. Sec. 8253.  Physical access control system report. Sec. 8254.  Study on Certificate of Compliance inspection program with respect to vessels that carry bulk liquefied gases as cargo and liquefied natural gas tank vessels. Sec. 8255.  Comptroller General of the United States review and report on Coast Guard’s International Port Security Program. Sec. 8256.  Comptroller General of the United States review and report on surge capacity of the Coast Guard. Sec. 8257.  Comptroller General of the United States review and report on marine inspections program of Coast Guard. Sec. 8258.  Comptroller General of the United States review and report on information technology program of Coast Guard. Sec. 8259.  Comptroller General of the United States study and report on access to health care by members of Coast Guard and dependents. Sec. 8260.  Comptroller General of the United States study and report on medical staffing standards and needs for Coast Guard. Sec. 8261.  Report on fast response cutters, offshore patrol cutters, and national security cutters. Subtitle E— Coast Guard Academy Improvement Act Sec. 8271.  Short title. Sec. 8272.  Coast Guard Academy study. Sec. 8273.  Annual report. Sec. 8274.  Assessment of Coast Guard Academy admission processes. Sec. 8275.  Coast Guard Academy minority outreach team program. Sec. 8276.  Coast Guard college student pre-commissioning initiative. Sec. 8277.  Annual board of visitors. Sec. 8278.  Homeland Security rotational cybersecurity research program at Coast Guard Academy. Subtitle F— Other Matters Sec. 9601.  Strategy on leadership of Coast Guard. Sec. 9602.  Expedited transfer in cases of sexual assault; dependents of members of the Coast Guard. Sec. 9603.  Access to resources during creosote-related building closures at Coast Guard Base Seattle, Washington. Sec. 9604.  Southern resident orca conservation and enforcement. Sec. 9605.  Sense of Congress and report on implementation of policy on issuance of warrants and subpoenas and whistleblower protections by agents of the Coast Guard Investigative Service. Sec. 9606.  Inspector General report on access to Equal Opportunity Advisors and Equal Employment Opportunity Specialists. Sec. 9607.  Insider Threat Program. Subtitle A— Military Personnel Matters SEC. 8201. GRADE ON RETIREMENT. (a) Retirement of Commandant or Vice Commandant.— Section 303 of title 14, United States Code, is amended by adding at the end the following: “(d) Retirement under this section is subject to section 2501(a) of this title.” . (b) Retirement.— Section 306 of title 14, United States Code, is amended— (1) in subsection (a), by inserting “satisfactorily, as determined under section 2501 of this title” before the period; (2) in subsection (b), by inserting “satisfactorily, as determined under section 2501 of this title” before the period; and (3) in subsection (c), by inserting “if performance of duties in such grade is determined to have been satisfactory pursuant to section 2501 of this title” before the period. (c) Grade on Retirement.— Section 2501 of title 14, United States Code, is amended— (1) in subsection (a)— (A) by striking “Any commissioned officer, other than a commissioned warrant officer,” and inserting “ Commissioned Officers.— “(1) In general.— A commissioned officer” ; (B) by striking “him” and inserting “the commissioned officer”; (C) by striking “his” and inserting “the commissioned officer’s”; and (D) by adding at the end the following: “(2) Conditional determination.— When a commissioned officer is under investigation for alleged misconduct at the time of retirement— “(A) the Secretary may conditionally determine the highest grade of satisfactory service of the commissioned officer pending completion of the investigation; and “(B) the grade under subparagraph (A) is subject to resolution under subsection (c)(2).” ; (2) in subsection (b)— (A) by inserting “Warrant Officers.—” after “(b)”; (B) by striking “him” and inserting “the warrant officer”; and (C) by striking “his” and inserting “the warrant officer’s”; and (3) by adding at the end the following: “(c) Retirement in Lower Grade.— “(1) Misconduct in lower grade.— In the case of a commissioned officer whom the Secretary determines committed misconduct in a lower grade, the Secretary may determine the commissioned officer has not served satisfactorily in any grade equal to or higher than that lower grade. “(2) Adverse findings.— A determination of the retired grade of a commissioned officer shall be resolved following a conditional determination under subsection (a)(2) if the investigation of or personnel action against the commissioned officer results in adverse findings. “(3) Recalculation of retired pay.— If the retired grade of a commissioned officer is reduced pursuant to this subsection, the retired pay of the commissioned officer shall be recalculated under chapter 71 of title 10, and any modification of the retired pay of the commissioned officer shall go into effect on the effective date of the reduction in retired grade. “(d) Finality of Retired Grade Determinations.— “(1) In general.— Except as provided in paragraph (2), a determination of the retired grade of a commissioned officer under this section is administratively final on the day the commissioned officer is retired, and may not be reopened. “(2) Reopening determinations.— A determination of the retired grade of a commissioned officer may be reopened if— “(A) the retirement or retired grade of the commissioned officer was procured by fraud; “(B) substantial evidence comes to light after the retirement that could have led to a lower retired grade under this section and such evidence was not known by competent authority at the time of retirement; “(C) a mistake of law or calculation was made in the determination of the retired grade; “(D) in the case of a retired grade following a conditional determination under subsection (a)(2), the investigation of or personnel action against the commissioned officer results in adverse findings; or “(E) the Secretary determines, under regulations prescribed by the Secretary, that good cause exists to reopen the determination. “(3) Requirements.— If a determination of the retired grade of a commissioned officer is reopened under paragraph (2), the Secretary— “(A) shall notify the commissioned officer of the reopening; and “(B) may not make an adverse determination on the retired grade of the commissioned officer until the commissioned officer has had a reasonable opportunity to respond regarding the basis of the reopening. “(4) Recalculation of retired pay.— If the retired grade of a commissioned officer is reduced through the reopening of the commissioned officer’s retired grade under paragraph (2), the retired pay of the commissioned officer shall be recalculated under chapter 71 of title 10, and any modification of the retired pay of the commissioned officer shall go into effect on the effective date of the reduction in retired grade. “(e) Inapplicability to Commissioned Warrant Officers.— This section, including subsection (b), shall not apply to commissioned warrant officers.” . SEC. 8202. AUTHORITY FOR OFFICERS TO OPT OUT OF PROMOTION BOARD CONSIDERATION. (a) Eligibility of Officers for Consideration for Promotion.— Section 2113 of title 14, United States Code, is amended by adding at the end the following: “(g) (1) Notwithstanding subsection (a), the Commandant may provide that an officer may, upon the officer’s request and with the approval of the Commandant, be excluded from consideration by a selection board convened under section 2106. “(2) The Commandant shall approve a request under paragraph (1) only if— “(A) the basis for the request is to allow the officer to complete a broadening assignment, advanced education, another assignment of significant value to the Coast Guard, a career progression requirement delayed by the assignment or education, or a qualifying personal or professional circumstance, as determined by the Commandant; “(B) the Commandant determines the exclusion from consideration is in the best interest of the Coast Guard; and “(C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.” . (b) Eligibility of Reserve Officer for Promotion.— Section 3743 of title 14, United States Code, is amended to read as follows: “§ 3743. Eligibility for promotion “(a) In General.— Except as provided in subsection (b), a Reserve officer is eligible for consideration for promotion and for promotion under this subchapter if that officer is in an active status. “(b) Exception.— A Reserve officer who has been considered but not recommended for retention in an active status by a board convened under subsection 3752(a) of this title is not eligible for consideration for promotion. “(c) Request for Exclusion.— “(1) In general.— The Commandant may provide that an officer may, upon the officer’s request and with the approval of the Commandant, be excluded from consideration by a selection board convened under section 3740(b) of this title to consider officers for promotion to the next higher grade. “(2) Approval of request.— The Commandant shall approve a request under paragraph (1) only if— “(A) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Coast Guard, a career progression requirement delayed by the assignment or education, or a qualifying personal or professional circumstance, as determined by the Commandant; “(B) the Commandant determines the exclusion from consideration is in the best interest of the Coast Guard; and “(C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.” . SEC. 8203. TEMPORARY PROMOTION AUTHORITY FOR OFFICERS IN CERTAIN GRADES WITH CRITICAL SKILLS. (a) In General.— Subchapter I of chapter 21 of title 14, United States Code, is amended by adding at the end the following: “§ 2130. Promotion to certain grades for officers with critical skills: captain, commander, lieutenant commander, lieutenant “(a) In General.— An officer in the grade of lieutenant (junior grade), lieutenant, lieutenant commander, or commander who is described in subsection (b) may be temporarily promoted to the grade of lieutenant, lieutenant commander, commander, or captain under regulations prescribed by the Secretary. President. Appointments under this section shall be made by the President, by and with the advice and consent of the Senate. “(b) Covered Officers.— An officer described in this subsection is any officer in a grade specified in subsection (a) who— “(1) has a skill in which the Coast Guard has a critical shortage of personnel (as determined by the Secretary); and “(2) is serving in a position (as determined by the Secretary) that— “(A) is designated to be held by a lieutenant, lieutenant commander, commander, or captain; and “(B) requires that an officer serving in such position have the skill possessed by such officer. “(c) Preservation of Position and Status of Officers Appointed.— “(1) The temporary positions authorized under this section shall not be counted among or included in the list of positions on the active duty promotion list. “(2) An appointment under this section does not change the position on the active duty list or the permanent, probationary, or acting status of the officer so appointed, prejudice the officer in regard to other promotions or appointments, or abridge the rights or benefits of the officer. “(d) Board Recommendation Required.— A temporary promotion under this section may be made only upon the recommendation of a board of officers convened by the Secretary for the purpose of recommending officers for such promotions. “(e) Acceptance and Effective Date of Appointment.— Each appointment under this section, unless expressly declined, is, without formal acceptance, regarded as accepted on the date such appointment is made, and a member so appointed is entitled to the pay and allowances of the grade of the temporary promotion under this section beginning on the date the appointment is made. “(f) Termination of Appointment.— Unless sooner terminated, an appointment under this section terminates— “(1) on the date the officer who received the appointment is promoted to the permanent grade of lieutenant, lieutenant commander, commander, or captain; “(2) on the date the officer is detached from a position described in subsection (b)(2), unless the officer is on a promotion list to the permanent grade of lieutenant, lieutenant commander, commander, or captain, in which case the appointment terminates on the date the officer is promoted to that grade; “(3) when the appointment officer determines that the officer who received the appointment has engaged in misconduct or has displayed substandard performance; or “(4) when otherwise determined by the Commandant to be in the best interests of the Coast Guard. “(g) Limitation on Number of Eligible Positions.— An appointment under this section may only be made for service in a position designated by the Secretary for the purposes of this section. The number of positions so designated may not exceed the following percentages of the respective grades: “(1) As lieutenant, 0.5 percent. “(2) As lieutenant commander, 3.0 percent. “(3) As commander, 2.6 percent. “(4) As captain, 2.6 percent.” . (b) Clerical Amendment.— The analysis for subchapter I of chapter 21 of 14 USC prec. 2101. title 14, United States Code, is amended by adding at the end the following: “2130. Promotion to certain grades for officers with critical skills: captain, commander, lieutenant commander, lieutenant.”. SEC. 8204. CAREER INTERMISSION PROGRAM. (a) In General.— Subchapter I of chapter 25 of title 14, United States Code, is amended by adding at the end the following: “§ 2514. Career flexibility to enhance retention of members “(a) Programs Authorized.— The Commandant may carry out a program under which members of the Coast Guard may be inactivated from active duty in order to meet personal or professional needs and returned to active duty at the end of such period of inactivation from active duty. “(b) Period of Inactivation From Active Duty; Effect of Inactivation.— “(1) In general.— The period of inactivation from active duty under a program under this section of a member participating in the program shall be such period as the Commandant shall specify in the agreement of the member under subsection (c), except that such period may not exceed 3 years. “(2) Exclusion from years of service.— Any service by a Reserve officer while participating in a program under this section shall be excluded from computation of the total years of service of that officer pursuant to section 14706(a) of title 10. “(3) Exclusion from retirement.— Any period of participation of a member in a program under this section shall not count toward— “(A) eligibility for retirement or transfer to the Ready Reserve under either chapter 841 or 1223 of title 10; or “(B) computation of retired or retainer pay under chapter 71 or 1223 of title 10. “(c) Agreement.— Each member of the Coast Guard who participates in a program under this section shall enter into a written agreement with the Commandant under which that member shall agree as follows: “(1) To accept an appointment or enlist, as applicable, and serve in the Coast Guard Ready Reserve during the period of the inactivation of the member from active duty under the program. “(2) To undergo during the period of the inactivation of the member from active duty under the program such inactive service training as the Commandant shall require in order to ensure that the member retains proficiency, at a level determined by the Commandant to be sufficient, in the military skills, professional qualifications, and physical readiness of the member during the inactivation of the member from active duty. “(3) Following completion of the period of the inactivation of the member from active duty under the program, to serve 2 months as a member of the Coast Guard on active duty for each month of the period of the inactivation of the member from active duty under the program. “(d) Conditions of Release.— The Commandant shall prescribe regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by subsection (c). At a minimum, the Commandant shall prescribe the procedures and standards to be used to instruct a member on the obligations to be assumed by the member under paragraph (2) of such subsection while the member is released from active duty. “(e) Order to Active Duty.— Under regulations prescribed by the Commandant, a member of the Coast Guard participating in a program under this section may, in the discretion of the Commandant, be required to terminate participation in the program and be ordered to active duty. “(f) Pay and Allowances.— “(1) Basic pay.— During each month of participation in a program under this section, a member who participates in the program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the member would otherwise be entitled under section 204 of title 37 as a member of the uniformed services on active duty in the grade and years of service of the member when the member commences participation in the program. “(2) Special or incentive pay or bonus.— “(A) Prohibition.— A member who participates in such a program shall not, while participating in the program, be paid any special or incentive pay or bonus to which the member is otherwise entitled under an agreement under chapter 5 of title 37 that is in force when the member commences participation in the program. “(B) Not treated as failure to perform services.— The inactivation from active duty of a member participating in a program shall not be treated as a failure of the member to perform any period of service required of the member in connection with an agreement for a special or incentive pay or bonus under chapter 5 of title 37 that is in force when the member commences participation in the program. “(3) Return to active duty.— “(A) Special or incentive pay or bonus.— Subject to subparagraph (B), upon the return of a member to active duty after completion by the member of participation in a program— “(i) any agreement entered into by the member under chapter 5 of title 37 for the payment of a special or incentive pay or bonus that was in force when the member commenced participation in the program shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the program; and “(ii) any special or incentive pay or bonus shall be payable to the member in accordance with the terms of the agreement concerned for the term specified in clause (i). “(B) Limitation.— “(i) In general.— Subparagraph (A) shall not apply to any special or incentive pay or bonus otherwise covered by such subparagraph with respect to a member if, at the time of the return of the member to active duty as described in that subparagraph— “(I) such pay or bonus is no longer authorized by law; or “(II) the member does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the member to active duty. “(ii) Pay or bonus ceases being authorized.— Subparagraph (A) shall cease to apply to any special or incentive pay or bonus otherwise covered by such subparagraph with respect to a member if, during the term of the revived agreement of the member under subparagraph (A)(i), such pay or bonus ceases being authorized by law. “(C) Repayment.— A member who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph (B)(i)(II) shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable agreement of the member under chapter 5 of title 37. “(D) Required service is additional.— Any service required of a member under an agreement covered by this paragraph after the member returns to active duty as described in subparagraph (A) shall be in addition to any service required of the member under an agreement under subsection (c). “(4) Travel and transportation allowance.— “(A) In general.— Subject to subparagraph (B), a member who participates in a program is entitled, while participating in the program, to the travel and transportation allowances authorized by section 474 of title 37 for— “(i) travel performed from the residence of the member, at the time of release from active duty to participate in the program, to the location in the United States designated by the member as the member’s residence during the period of participation in the program; and “(ii) travel performed to the residence of the member upon return to active duty at the end of the participation of the member in the program. “(B) Single residence.— An allowance is payable under this paragraph only with respect to travel of a member to and from a single residence. “(5) Leave balance.— A member who participates in a program is entitled to carry forward the leave balance existing as of the day on which the member begins participation and accumulated in accordance with section 701 of title 10, but not to exceed 60 days. “(g) Promotion.— “(1) Officers.— “(A) In general.— An officer participating in a program under this section shall not, while participating in the program, be eligible for consideration for promotion under chapter 21 or 37 of this title. “(B) Return to duty.— Upon the return of an officer to active duty after completion by the officer of participation in a program— “(i) the Commandant may adjust the date of rank of the officer in such manner as the Commandant may prescribe in regulations for purposes of this section; and “(ii) the officer shall be eligible for consideration for promotion when officers of the same grade and seniority are eligible for consideration for promotion. “(2) Enlisted members.— An enlisted member participating in a program under this section shall not be eligible for consideration for advancement during the period that— “(A) begins on the date of the inactivation of the member from active duty under the program; and “(B) ends at such time after the return of the member to active duty under the program that the member is treatable as eligible for promotion by reason of time in grade and such other requirements as the Commandant shall prescribe in regulations for purposes of the program. “(h) Continued Entitlements.— A member participating in a program under this section shall, while participating in the program, be treated as a member of the Armed Forces on active duty for a period of more than 30 days for purposes of— “(1) the entitlement of the member and of the dependents of the member to medical and dental care under the provisions of chapter 55 of title 10; and “(2) retirement or separation for physical disability under the provisions of chapter 61 of title 10 and chapters 21 and 23 of this title.” . (b) Clerical Amendment.— The analysis for subchapter I of chapter 25 of title 14 USC prec. 2501. 14, United States Code, is amended by adding at the end the following: “2514. Career flexibility to enhance retention of members.”. SEC. 8205. DIRECT COMMISSIONING AUTHORITY FOR INDIVIDUALS WITH CRITICAL SKILLS. (a) In General.— Subchapter II of chapter 37 of title 14, United States Code, is amended by inserting after section 3738 the following: “§ 3738a. Direct commissioning authority for individuals with critical skills   “An individual with critical skills that the Commandant considers necessary for the Coast Guard to complete its missions who is not currently serving as an officer in the Coast Guard may be commissioned into the Coast Guard at a grade up to and including commander.” . (b) Clerical Amendment.— The analysis for subchapter II of chapter 37 of title 14, United States Code, is 14 USC prec. 3701. amended by inserting after the item relating to section 3738 the following: “3738a. Direct commissioning authority for individuals with critical skills.”. (c) Technical Amendment.— The heading for the first chapter of subtitle III of title 14, United States Code, 14 USC prec. 3701. is amended by striking “CHAPTER 1” and inserting “CHAPTER 37”. SEC. 8206. EMPLOYMENT ASSISTANCE. (a) In General.— Subchapter I of chapter 27 of title 14, United States Code, is amended by adding at the end the following: “§ 2713. Employment assistance “(a) In General.— In order to improve the accuracy and completeness of a certification or verification of job skills and experience required by section 1143(a)(1) of title 10, the Secretary shall— “(1) establish a database to record all training performed by members of the Coast Guard that may have application to employment in the civilian sector; and “(2) make unclassified information regarding such information available to States and other potential employers referred to in section 1143(c) of title 10 so that States and other potential employers may allow military training to satisfy licensing or certification requirements to engage in a civilian profession. “(b) Form of Certification or Verification.— The Secretary shall ensure that a certification or verification of job skills and experience required by section 1143(a)(1) of title 10 is rendered in such a way that States and other potential employers can confirm the accuracy and authenticity of the certification or verification. “(c) Requests by States.— A State may request that the Secretary confirm the accuracy and authenticity of a certification or verification of job skills and experience provided under section 1143(c) of title 10.” . (b) Clerical Amendment.— The analysis for such subchapter is amended by adding at the end the following: “2713. Employment assistance.”. Subtitle B— Organization and Management Matters SEC. 8211. CONGRESSIONAL AFFAIRS; DIRECTOR. (a) In General.— Chapter 3 of title 14, United States Code, is amended by adding at the end the following: “§ 321. Congressional affairs; Director    Appointment. “The Commandant shall appoint a Director of Congressional Affairs from among officers of the Coast Guard who are in a grade above captain. The Director of Congressional Affairs is separate and distinct from the Director of Governmental and Public Affairs for the Coast Guard and is the principal advisor to the Commandant on all congressional and legislative matters for the Coast Guard and may have such additional functions as the Commandant may direct.” . (b) Clerical Amendment.— The analysis for chapter 3 of title 14, United States Code, is 14 USC prec. 301. amended by adding at the end the following: “321. Congressional affairs; Director.”. SEC. 8212. LIMITATIONS ON CLAIMS. (a) Admiralty Claims.— Section 937(a) of title 14, United States Code, is amended by striking “$100,000” and inserting “$425,000”. (b) Claims for Damage to Property of the United States.— Section 938 of title 14, United States Code, is amended by striking “$100,000” and inserting “$425,000”. SEC. 8213. RENEWAL OF TEMPORARY EARLY RETIREMENT AUTHORITY.   Section 219 of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112–213; 10 U.S.C. 1293 note) is amended— (1) in the matter preceding paragraph (1), by striking “For fiscal years 2013 through 2018” and inserting “For fiscal years 2019 through 2025”; and (2) in paragraph (1), by striking “subsection (c)(2)(A)” and inserting “subsection (c)(1)”. SEC. 8214. MAJOR ACQUISITIONS; OPERATION AND SUSTAINMENT COSTS.   Section 5103(e)(3) of title 14, United States Code, is amended— (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2) by inserting after subparagraph (A) the following: “(B) operate and sustain the cutters and aircraft described in paragraph (2);” . SEC. 8215. SUPPORT OF WOMEN SERVING IN THE COAST GUARD. (a) Action Plan.— (1) In general.— Not later than 180 days after the date of the enactment of this Act, the Commandant shall— (A) determine which recommendations in the RAND gender diversity report can practicably be implemented to promote gender diversity in the Coast Guard; and (B) 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 actions the Coast Guard has taken, or plans to take, to implement such recommendations. (2) Curriculum and training.— The Commandant shall update curriculum and training materials used at— (A) officer accession points, including the Coast Guard Academy and the Leadership Development Center; (B) enlisted member accession at the United States Coast Guard Training Center Cape May in Cape May, New Jersey; and (C) the officer, enlisted member, and civilian leadership courses managed by the Leadership Development Center. Such updates shall reflect actions the Coast Guard has taken, or plans to take, to carry out the recommendations of the RAND gender diversity report. (3) Definition.— In this subsection, the term “RAND gender diversity report” means the RAND Corporation’s Homeland Security Operational Analysis Center 2019 report entitled “Improving Gender Diversity in the U.S. Coast Guard: Identifying Barriers to Female Retention”. (b) Advisory Board on Women at the Coast Guard Academy.— Chapter 19 of title 14, United States Code, is amended— (1) by redesignating section 1904 as section 1906; (2) by inserting after section 1903 the following: “§ 1904. Advisory Board on Women at the Coast Guard Academy “(a) In General.— The Superintendent of the Academy shall establish at the Coast Guard Academy an advisory board to be known as the Advisory Board on Women at the Coast Guard Academy (referred to in this section as the ‘Advisory Board’). “(b) Membership.— The Advisory Board shall be composed of not fewer than 12 current cadets of the Coast Guard Academy, including not fewer than 3 cadets from each current class. “(c) Appointment; Term.— Cadets shall serve on the Advisory Board pursuant to appointment by the Superintendent of the Academy. Deadline. Appointments shall be made not later than 60 days after the date of the swearing in of a new class of cadets at the Academy. The term of membership of a cadet on the Advisory Board shall be 1 academic year. “(d) Reappointment.— The Superintendent of the Academy may reappoint not more than 6 cadets from the previous term to serve on the Advisory Board for an additional academic year if the Superintendent of the Academy determines such reappointment to be in the best interests of the Coast Guard Academy. “(e) Meetings.— The Advisory Board shall meet with the Commandant at least once each academic year on the activities of the Advisory Board. The Advisory Board shall meet in person with the Superintendent of the Academy not less than twice each academic year on the duties of the Advisory Board. “(f) Duties.— The Advisory Board shall identify opportunities and challenges facing cadets at the Academy who are women, including an assessment of culture, leadership development, and access to health care of cadets at the Academy who are women. “(g) Working Groups.— The Advisory Board may establish one or more working groups to assist the Advisory Board in carrying out its duties, including working groups composed in part of cadets at the Academy who are not current members of the Advisory Board. “(h) Reports and Briefings.— The Advisory Board shall regularly provide the Commandant and the Superintendent reports and briefings on the results of its duties, including recommendations for actions to be taken in light of such results. Such reports and briefings may be provided in writing, in person, or both.” ; and (3) by amending the analysis for such chapter— (A) by amending the item relating to section 1904 to read as follows: “1904. Advisory Board on Women at the Coast Guard Academy.”; and (B) by adding at the end the following: “1906. Participation in Federal, State, or other educational research grants.”. (c) Advisory Board on Women in the Coast Guard.— Chapter 25 of title 14, United States Code, is amended— (1) by redesignating subchapter II as subchapter III; (2) by inserting after subchapter I the following: “SUBCHAPTER II— ADVISORY BOARD ON WOMEN IN THE COAST GUARD “§ 2521. Advisory Board on Women in the Coast Guard “(a) In General.— The Commandant shall establish within the Coast Guard an Advisory Board on Women in the Coast Guard. “(b) Membership.— The Advisory Board established under subsection (a) shall be composed of such number of members as the Commandant considers appropriate, selected by the Commandant through a public selection process from among applicants for membership on the Board. The members of the Board shall, to the extent practicable, represent the diversity of the Coast Guard. The members of the Committee shall include an equal number of each of the following: “(1) Active duty officers of the Coast Guard. “(2) Active duty enlisted members of the Coast Guard. “(3) Members of the Coast Guard Reserve. “(4) Retired members of the Coast Guard. “(c) Duties.— The Advisory Board established under subsection (a)— “(1) shall advise the Commandant on improvements to the recruitment, retention, wellbeing, and success of women serving in the Coast Guard and attending the Coast Guard Academy, including recommendations for the report on gender diversity in the Coast Guard required by section 5109 of chapter 51 of title 14; “(2) may submit to the Commandant recommendations in connection with its duties under this subsection, including recommendations to implement the advice described in paragraph (1); and “(3) may brief Congress on its duties under this subsection, including the advice described in paragraph (1) and any recommendations described in paragraph (2).” ; and (3) by amending the analysis for such chapter by striking the items relating to subchapter II and inserting the following: “subchapter ii— advisory board on women in the coast guard “2521. Advisory Board on Women in the Coast Guard. “subchapter iii— lighthouse service “2531. Personnel of former Lighthouse Service.”. (d) Recurring Report.— (1) In general.— Chapter 51 of title 14, United States Code, is amended by adding at the end the following: “§ 5109. Report on gender diversity in the Coast Guard “(a) In General.— Not later than January 15, 2022, and biennially thereafter, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on gender diversity in the Coast Guard. “(b) Contents.— The report required under subsection (a) shall contain the following: “(1) Gender diversity overview.— An overview of Coast Guard active duty and reserve members, including the number of officers and enlisted members and the percentages of men and women in each. “(2) Recruitment and retention.— “(A) An analysis of the changes in the recruitment and retention of women over the previous 2 years. “(B) A discussion of any changes to Coast Guard recruitment and retention over the previous 2 years that were aimed at increasing the recruitment and retention of female members. “(3) Parental leave.— “(A) The number of men and women who took parental leave during each year covered by the report, including the average length of such leave periods. “(B) A discussion of the ways in which the Coast Guard worked to mitigate the impacts of parental leave on Coast Guard operations and on the careers of the members taking such leave. “(4) Limitations.— An analysis of current gender-based limitations on Coast Guard career opportunities, including discussion of— “(A) shipboard opportunities; “(B) opportunities to serve at remote units; and “(C) any other limitations on the opportunities of female members. “(5) Progress update.— An update on the Coast Guard’s progress on the implementation of the action plan required under subsection (a) of section 8215 of the Elijah E. Cummings Coast Guard Authorization Act of 2020.” . (2) Clerical amendment.— The analysis for chapter 51 of title 14, 14 USC prec. 5101. United States Code, is amended by adding at the end the following: “5109. Report on gender diversity in the Coast Guard.”. SEC. 8216. DISPOSITION OF INFRASTRUCTURE RELATED TO E–LORAN.   Section 914 of title 14, United States Code, is amended— (1) in subsection (a)— (A) by striking “date” and inserting “later of the date of the conveyance of the properties directed under section 533(a) of the Coast Guard Authorization Act of 2016 (Public Law 114–120) or the date”; and (B) by striking “determination by the Secretary” and inserting “determination by the Secretary of Transportation under section 312(d) of title 49”; and (2) in subsection (c), by striking paragraph (2) and inserting the following: “(2) Availability of proceeds.— The proceeds of such sales, less the costs of sale incurred by the General Services Administration, shall be deposited into the Coast Guard Housing Fund for uses authorized under section 2946 of this title.” . SEC. 8217. POSITIONS OF IMPORTANCE AND RESPONSIBILITY.   Section 2103(c)(3) of title 14, United States Code, is amended by striking “rear admiral (lower half)” and inserting “vice admiral”. SEC. 8218. RESEARCH PROJECTS; TRANSACTIONS OTHER THAN CONTRACTS AND GRANTS. (a) In General.— Chapter 7 of title 14, United States Code, is amended by adding at the end the following: “§ 719. Research projects; transactions other than contracts and grants “(a) Additional Forms of Transactions Authorized.— “(1) In general.— The Commandant may enter into— “(A) transactions (other than contracts, cooperative agreements, and grants) in carrying out basic, applied, and advanced research projects; and “(B) agreements with the Director of the Defense Advanced Research Projects Agency, the Secretary of a military department, or any other official designated by the Secretary of Defense under section 2371b of title 10 to participate in prototype projects and follow-on production contracts or transactions that are being carried out by such official and are directly relevant to the Coast Guard’s cyber capability and Command, Control, Communications, Computers, and intelligence initiatives. “(2) Additional authority.— The authority under this subsection is in addition to the authority provided in section 717 to use contracts, cooperative agreements, and grants in carrying out such projects. “(3) Funding.— In carrying out paragraph (1)(B), the Commandant may use funds made available to the extent provided in advance in appropriations Acts for— “(A) operations and support; “(B) research, development, test, and evaluation; and “(C) procurement, construction, and improvement. “(b) Recovery of Funds.— “(1) In general.— Subject to subsection (d), a cooperative agreement for performance of basic, applied, or advanced research authorized by section 717, and a transaction authorized by subsection (a), may include a clause that requires a person or other entity to make payments to the Coast Guard or any other department or agency of the Federal Government as a condition for receiving support under the agreement or transaction, respectively. “(2) Availability of funds.— The amount of any payment received by the Federal Government pursuant to a requirement imposed under paragraph (1) shall be deposited in the general fund of the Treasury. Amounts so deposited shall be available for the purposes of carrying out this section, to the extent provided in advance in appropriations Acts. “(c) Conditions.— “(1) In general.— The Commandant shall ensure that to the extent that the Commandant determines practicable, no cooperative agreement containing a clause described in subsection (c)(1), and no transaction entered into under subsection (a), provides for research that duplicates research being conducted under existing programs carried out by the Coast Guard. “(2) Other agreements not feasible.— A cooperative agreement containing a clause described in subsection (c)(1), or under a transaction authorized by subsection (a), may be used for a research project only if the use of a standard contract, grant, or cooperative agreement for such project is not feasible or appropriate. “(d) Education and Training.— The Commandant shall— “(1) ensure that management, technical, and contracting personnel of the Coast Guard involved in the award or administration of transactions under this section or other innovative forms of contracting are afforded opportunities for adequate education and training; and “(2) establish minimum levels and requirements for continuous and experiential learning for such personnel, including levels and requirements for acquisition certification programs. “(e) Protection of Certain Information From Disclosure.— “(1) In general.— Disclosure of information described in paragraph (2) is not required, and may not be compelled, under section 552 of title 5 for 5 years after the date on which the information is received by the Coast Guard. “(2) Limitation.— “(A) In general.— Paragraph (1) applies to information described in subparagraph (B) that is in the records of the Coast Guard only if the information was submitted to the Coast Guard in a competitive or noncompetitive process having the potential for resulting in an award, to the party submitting the information, of a cooperative agreement for performance of basic, applied, or advanced research authorized by section 717 or another transaction authorized by subsection (a). “(B) Information described.— The information referred to in subparagraph (A) is the following: “(i) A proposal, proposal abstract, and supporting documents. “(ii) A business plan submitted on a confidential basis. “(iii) Technical information submitted on a confidential basis. “(f) Regulations.— The Commandant shall prescribe regulations, as necessary, to carry out this section. “(g) Annual Report.— On the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Commandant shall submit to the Committees on Appropriations and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations and Commerce, Science, and Transportation of the Senate a report describing each use of the authority provided under this section during the most recently completed fiscal year, including details of each use consisting of— “(1) the amount of each transaction; “(2) the entities or organizations involved; “(3) the product or service received; “(4) the research project for which the product or service was required; and “(5) the extent of the cost sharing among Federal Government and non-Federal sources.” . (b) Clerical Amendment.— The analysis for chapter 7 of title 14, United States Code, is 14 USC prec. 701. amended by adding at the end the following: “719. Research projects; transactions other than contracts and grants.”. SEC. 8219. ACQUISITION WORKFORCE AUTHORITIES. (a) In General.— Subchapter I of chapter 11 of title 14, United States Code, is amended by adding at the end the following: “§ 1111. Acquisition workforce authorities “(a) Expedited Hiring Authority.— “(1) In general.— For the purposes of section 3304 of title 5, the Commandant may— “(A) designate any category of acquisition positions within the Coast Guard as shortage category positions; and “(B) use the authorities in such section to recruit and appoint highly qualified persons directly to positions so designated. “(2) Reports.— The Commandant shall include in reports under section 1102 information described in such section regarding positions designated under this subsection. “(b) Reemployment Authority.— “(1) In general.— Except as provided in paragraph (2), if an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in any category of acquisition positions designated by the Commandant under subsection (a), the annuity of the annuitant so employed shall continue. The annuitant so reemployed shall not be considered an employee for purposes of subchapter III of chapter 83 or chapter 84 of title 5. “(2) (A) Election.— An annuitant retired under section 8336(d)(1) or 8414(b)(1)(A) of title 5, receiving an annuity from the Civil Service Retirement and Disability Fund, who becomes employed in any category of acquisition positions designated by the Commandant under subsection (a) after the date of the enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, may elect to be subject to section 8344 or 8468 of such title (as the case may be). “(i) Deadline.— An election for coverage under this subsection shall be filed not later than 90 days after the Commandant takes reasonable actions to notify an employee who may file an election. “(ii) Coverage.— If an employee files an election under this subsection, coverage shall be effective beginning on the first day of the first applicable pay period beginning on or after the date of the filing of the election. “(B) Application.— Paragraph (1) shall apply to an individual who is eligible to file an election under subparagraph (A) and does not file a timely election under clause (i) of such subparagraph.” . (b) Clerical Amendment.— The analysis for subchapter I of chapter 11 of title 14, United States Code, 14 USC prec. 1101. is amended by adding at the end the following: “1111. Acquisition workforce authorities.”. (c) Repeal of Superseded Authority.— Section 404 of the Coast Guard Authorization Act of 2010 (Public Law 111–281) 14 USC 1102 note. is repealed. SEC. 8220. VESSEL CONVERSION, ALTERATION, AND REPAIR PROJECTS. (a) In General.— Notwithstanding any provision of the Small Business Act (15 U.S.C. 631 et seq.) and any regulation or policy implementing such Act, the Commandant may use full and open competitive procedures, as prescribed in section 2304 of title 10, United States Code, to acquire maintenance and repair services for vessels with a homeport in Coast Guard District 17. (b) Applicability.— Subsection (a) shall apply only if there are not at least 2 qualified small businesses located in Coast Guard District 17 that are able and available to provide the services described in such subsection. (c) Limitation.— The full and open competitive procedures described in subsection (a) may only be used to acquire such services from a business located in Coast Guard District 17 that is able and available to provide such services. SEC. 8221. MODIFICATION OF ACQUISITION PROCESS AND PROCEDURES. (a) Extraordinary Relief.— (1) In general.— Subchapter III of chapter 11 of title 14, United States Code, is amended by adding at the end the following: “§ 1157. Extraordinary relief “(a) In General.— With respect to any prime contracting entity receiving extraordinary relief pursuant to the Act entitled ‘An Act to authorize the making, amendment, and modification of contracts to facilitate the national defense’, approved August 28, 1958 (Public Law 85–804; 50 U.S.C. 1432 et seq.) for a major acquisition, the Secretary shall not consider any further request by the prime contracting entity for extraordinary relief under such Act for such major acquisition. “(b) Inapplicability to Subcontractors.— The limitation under subsection (a) shall not apply to subcontractors of a prime contracting entity. “(c) Quarterly Report.— Not less frequently than quarterly during each fiscal year in which extraordinary relief is approved or provided to an entity under the Act referred to in subsection (a) for the acquisition of Offshore Patrol Cutters, 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 report that describes in detail such relief and the compliance of the entity with the oversight measures required as a condition of receiving such relief.” . (3) Analysis for chapter 11.— The analysis for chapter 11 of title 14, United States Code, 14 USC prec. 1101. is amended by inserting after the item relating to section 1156 the following: “1157. Extraordinary relief.”. (b) Notice to Congress With Respect to Breach of Contract.— Section 1135 of title 14, United States Code, is amended by adding at the end the following: “(d) Notice to Congress With Respect to Breach of Contract.— Deadline. Not later than 48 hours after the Commandant becomes aware that a major acquisition contract cannot be carried out under the terms specified in the contract, the Commandant shall provide a written notification to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that includes— “(1) a description of the terms of the contract that cannot be met; and “(2) an assessment of whether the applicable contract officer has issued a cease and desist order to the contractor based on the breach of such terms of the contract.” . SEC. 8222. ESTABLISHMENT AND PURPOSE OF FUND; DEFINITION.   Section 1461(a) of title 10, United States Code, is amended by inserting “and the Coast Guard” after “liabilities of the Department of Defense”. SEC. 8223. PAYMENTS FROM FUND.   Section 1463(a) of title 10, United States Code, is amended— (1) in paragraph (1) by striking “and Marine Corps” and inserting “Marine Corps, and Coast Guard”; (2) in paragraph (2) by striking “(other than retired pay payable by the Secretary of Homeland Security)”; and (3) in paragraph (4) by inserting “and the Department of Homeland Security that” after “Department of Defense”. SEC. 8224. DETERMINATION OF CONTRIBUTIONS TO FUND.   Section 1465 of title 10, United States Code, is amended— (1) in subsection (a)— (A) by striking “(a) Not” and inserting the following: “(a) (1) Not” ; and (B) by adding at the end the following: “(2) Not later than October 1, 2022, the Board of Actuaries shall determine the amount that is the present value (as of September 30, 2022) of future benefits payable from the Fund that are attributable to service in the Coast Guard performed before October 1, 2022. That amount is the original Coast Guard unfunded liability of the Fund. The Board shall determine the period of time over which the original Coast Guard unfunded liability should be liquidated and shall determine an amortization schedule for the liquidation of such liability over that period. Contributions to the Fund for the liquidation of the original Coast Guard unfunded liability in accordance with such schedule shall be made as provided in section 1466(b) of this title.” ; (2) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by inserting “, in consultation with the Secretary of the department in which the Coast Guard is operating,” after “Secretary of Defense” ; and (II) by inserting “and Coast Guard” after “Department of Defense”; (ii) in subparagraph (A)(ii) by striking “(other than the Coast Guard)” and inserting “members of the Armed Forces”; and (iii) in subparagraph (B)(ii) by striking “(other than the Coast Guard)”; (B) in paragraph (2) by inserting “the Coast Guard Retired Pay account and the” after “appropriated to”; and (C) in paragraph (3) by inserting “and Coast Guard” after “Department of Defense”; (3) in subsection (c)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A) by inserting “, in consultation with the Secretary of the department in which the Coast Guard is operating,” after “Secretary of Defense”; (ii) in subparagraph (A) by striking “(other than the Coast Guard)” and inserting “members of the Armed Forces”; (iii) in subparagraph (B) by striking “(other than the Coast Guard)”; (B) in paragraph (2) by inserting “, in consultation with the Secretary of the department in which the Coast Guard is operating,” after “Secretary of Defense”; (C) in paragraph (3) by inserting “, in consultation with the Secretary of the department in which the Coast Guard is operating,” after “Secretary of Defense”; (4) in subsection (e) by striking “Secretary of Defense shall” and inserting “Secretary of Defense and, with regard to the Coast Guard, the Secretary of the department in which the Coast Guard is operating”. SEC. 8225. PAYMENTS INTO FUND.   Section 1466 of title 10, United States Code, is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by striking “Secretary of Defense shall” and inserting “Secretary of Defense and the Secretary of the department in which the Coast Guard is operating, with respect to the Coast guard, shall”; and (ii) by striking “each month as the Department of Defense contribution” and inserting “each month the respective pro rata share contribution of the Secretary of Defense and the Secretary of the department in which the Coast Guard is operating”; and (B) in paragraph (2)(B) by striking “(other than the Coast Guard)”; and (C) by striking the flush language following paragraph (2)(B) and inserting the following new subsection: “(b) Amounts paid into the Fund under this subsection shall be paid from funds available for as appropriate— “(1) the pay of members of the armed forces under the jurisdiction of the Secretary of a military department; or “(2) the Retired Pay appropriation for the Coast Guard.” ; (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (3) in subsection (c) (as so redesignated)— (A) in paragraph (2)(A) by striking “liability of the Fund.” and inserting “liabilities of the Fund for the Department of Defense and the Coast Guard.”; and (B) in paragraph (3) by inserting “and the Secretary of the Department in which the Coast Guard is operating” before “shall promptly”. Subtitle C— Access to Child Care for Coast Guard Families SEC. 8231. REPORT ON CHILD CARE AND SCHOOL-AGE CARE ASSISTANCE FOR QUALIFIED FAMILIES. (a) In General.— Not later than 18 months after the date of the 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 child care and school-age care options available to qualified families. (b) Elements.— The report required by subsection (a) shall include the following: (1) Financial assistance.— (A) An assessment of— (i) the subsidies and financial assistance for child care and school-age care made available by the Coast Guard to qualified families; and (ii) the extent to which qualified families have taken advantage of such subsidies and assistance. (B) The average number of days between— (i) the date on which an application for a subsidy or other financial assistance for child care or school-age care is submitted by a qualified family; and (ii) upon approval of an application, the date on which such subsidy or assistance is received by the qualified family. (C) Recommendations for streamlining the payment of such subsidies and financial assistance. (D) The amount of funding allocated to such subsidies and financial assistance. (E) The remaining costs for child care or school-age care to qualified families that are not covered by the Coast Guard. (F) A description of barriers to access to such subsidies and financial assistance. (G) The number of qualified families that do not receive any such subsidies or financial assistance. (2) Regulation of child care services.— (A) An assessment of— (i) the regulations of States with respect to child care services (such as staffing, space and furnishings, safety, curriculum requirements, and allowable care hours); and (ii) the effect that differences in such regulations may have on access to child care for qualified families. (B) An assessment of— (i) the regulations of the Coast Guard and the Department of Defense with respect to child development centers and other child care providers (including school-age care providers), and a comparison of such regulations with similar State regulations; and (ii) the effect that such regulations may have on access to child care and school-age care for qualified families. (C) The number of qualified families, and children, that do not have access to a Coast Guard child development center for child care. (3) Parity with department of defense.— The differences between child care and school-age care services offered by the Coast Guard and child care and school-age care authorities of the Coast Guard and the Department of Defense relating to the following: (A) Authorized uses of appropriated funds for child care and school-age care services. (B) Access to, and total capacity of, Coast Guard child development centers and Department of Defense child development centers. (C) Child care and school-age care programs or policy. (D) Coast Guard and Department of Defense programs to provide additional assistance to members and civilian employees with respect to child care and school-age care options. (E) Respite care programs. (F) Nonappropriated funds. (G) Coast Guard family child care centers. (H) Coast Guard and Department of Defense publicly available online resources for families seeking military child care and school-age care. (4) Feasibility.— An analysis of the feasibility of the Commandant entering into agreements with private child care and school-age care service providers to provide child care and school-age care for qualified families. (5) Availability.— An analysis of the availability of child care and school-age care for qualified families, including accessibility after normal work hours, proximity, and total capacity. (6) Recommendations.— Recommendations— (A) to improve access to child care and school-age care for qualified families; (B) to ensure parity between the Coast Guard and the Department of Defense with respect to child care and school-age care; (C) to expand access to child care and school-age care for all qualified families, including qualified families that have a child with special needs; and (D) to ensure that regional child care and child development center needs at the unit, sector, or district level are identified, assessed, and reasonably evaluated by the Commandant for future infrastructure needs. (7) Other matters.— A description or analysis of any other matter the Comptroller General considers relevant to the improvement of expanded access to child care and school-age care for qualified families. SEC. 8232. REVIEW OF FAMILY SUPPORT SERVICES WEBSITE AND ONLINE TRACKING SYSTEM. (a) Memorandum of Understanding.— (1) In general.— The Commandant shall enter into a memorandum of understanding with the Secretary of Defense to enable qualified families to access the website at https://militarychildcare.com (or a successor website) for purposes of Coast Guard family access to information with respect to State-accredited child development centers and other child care support services as such services become available from the Department of Defense through such website. The memorandum shall provide for the expansion of the geographical areas covered by such website, including regions in which qualified families live that are not yet covered by the program. (2) Inclusion of child development centers accessible under pilot program.— The information accessible pursuant to the memorandum of understanding required by paragraph (1) shall include information with respect to any child development center accessible pursuant to the pilot program under section 8234. (3) Electronic registration, payment, and tracking system.— Not later Deadline. than 1 year after the date of the enactment of this Act, the Commandant shall develop and maintain an internet website of the Coast Guard accessible to qualified families to carry out the following activities: (A) Register children for a Coast Guard child development center. (B) Make online child care payments to a Coast Guard child development center. (C) Track the status of a child on the wait list of a Coast Guard child development center, including the placement and position of the child on the wait list. (b) Wait List.— (1) In general.— The Commandant shall maintain a record of the wait list for each Coast Guard child development center. (2) Matters to be included.— Each record under paragraph (1) shall include the following: (A) The total number of children of qualified families on the wait list. (B) With respect to each child on the wait list— (i) the age of the child; (ii) the number of days the child has been on the wait list; (iii) the position of the child on the wait list; (iv) any special needs consideration; and (v) information on whether a sibling of the child is on the wait list of, or currently enrolled in, the Coast Guard child development center concerned. (3) Requirement to archive.— Information placed in the record of a Coast Guard child development center under paragraph (1) shall be archived for a period of not less than 10 years after the date of its placement in the record. SEC. 8233. STUDY AND SURVEY ON COAST GUARD CHILD CARE NEEDS. (a) Study.— (1) In general.— Not later than 1 year after the date of the enactment of this Act, and for each of the 2 fiscal years thereafter, the Commandant shall conduct a study on the child care needs of qualified families that incorporates— (A) the results of the survey under subsection (b); and (B) any other information the Commandant considers appropriate to ensure adequate tracking and future needs-based assessments with respect to adequate access to Coast Guard child development centers. (2) Consultation.— In conducting a study under paragraph (1), the Commandant may consult a federally funded research and development center. (3) Scope of data.— The data obtained through each study under paragraph (1) shall be obtained on a regional basis, including by Coast Guard unit, sector, and district. (b) Survey.— (1) In general.— Together with each study under subsection (a), and annually as the Commandant considers appropriate, the Commandant shall carry out a survey of individuals described in paragraph (2) on access to Coast Guard child development centers. (2) Participants.— (A) In general.— The Commandant shall seek the participation in the survey of the following Coast Guard individuals: (i) Commanding officers, regardless of whether the commanding officers have children. (ii) Regular and reserve personnel. (iii) Spouses of individuals described in clauses (i) and (ii). (B) Scope of participation.— Individuals described in clauses (i) through (iii) of subparagraph (A) shall be surveyed regardless of whether such individuals use or have access to Coast Guard child development centers or other Federal child care facilities. (C) Voluntary participation.— Participation of any individual described in subparagraph (A) in a survey shall be on a voluntary basis. (c) Availability.— On request, 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 the results of any study or survey under this section. SEC. 8234. PILOT PROGRAM TO EXPAND ACCESS TO CHILD CARE. (a) In General.— Commencing not later than 60 days after the date on which the report under section 8231 is submitted, the Commandant shall carry out a pilot program, based on the recommendations provided in such report, to expand access to public or private child development centers for qualified families. (b) Duration.— The duration of the pilot program under subsection (a) shall be not more than 3 years beginning on the date on which the pilot program is established. (c) Discharge on District Basis.— The Commandant— (1) may carry out the pilot program on a district basis; and (2) shall include in the pilot program remote and urban locations. (d) Reservation of Child Care Slots.— As part of the pilot program, the Commandant shall seek to enter into one or more memoranda of understanding with one or more child development centers to reserve slots for qualified families in locations in which— (1) the Coast Guard lacks a Coast Guard child development center; or (2) the wait lists for the nearest Coast Guard child development center or Department of Defense child development center, where applicable, indicate that qualified families may not be accommodated. (e) Annual Assessment of Results.— As part of any study conducted pursuant to section 8233(a) after the end of the 1-year period beginning with the commencement of the pilot program, the Commandant shall also undertake a current assessment of the impact of the pilot program on access to child development centers for qualified families. The Commandant shall include the results of any such assessment in the results of the most current study or survey submitted pursuant to section 8233(a). SEC. 8235. IMPROVEMENTS TO COAST GUARD-OWNED FAMILY HOUSING.   Section 2922(b) of title 14, United States Code, is amended by adding at the end the following: “(4) To the maximum extent practicable, the Commandant shall ensure that, in a location in which Coast Guard family child care centers (as such term is defined in section 8239 of the Elijah E. Cummings Coast Guard Authorization Act of 2020) are necessary to meet the demand for child care for qualified families (as such term is defined in such section), not fewer than two housing units are maintained in accordance with safety inspection standards so as to accommodate family child care providers.” . SEC. 8236. BRIEFING ON TRANSFER OF FAMILY CHILD CARE PROVIDER QUALIFICATIONS AND CERTIFICATIONS. (a) In General.— Not later than 180 days after the date of the enactment of this Act, 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 the feasibility of developing a policy to allow the transfer of a Coast Guard-mandated family child care provider qualification or certification between Coast Guard-owned housing units if, as determined by the Commandant— (1) the qualification or certification is not expired; (2) the transfer of the qualification or certification would not pose a danger to any child in the care of the family child care provider; and (3) the transfer would expedite the ability of the family child care provider to establish, administer, and provide family home daycare in a Coast Guard-owned housing unit. (b) Briefing Element.— The briefing required by subsection (a) shall include analysis of options for transferring a Coast Guard-mandated family child care provider qualification or certification as described in that subsection, and of any legal challenges associated with such transfer. (c) Rule of Construction.— The policy under subsection (a) shall not be construed to supersede any other applicable Federal, State, or local law (including regulations) relating to the provision of child care services. SEC. 8237. INSPECTIONS OF COAST GUARD CHILD DEVELOPMENT CENTERS AND FAMILY CHILD CARE PROVIDERS. (a) Inspections.— Section 2923 of title 14, United States Code, is amended by striking subsection (b) and inserting the following: “(b) Inspections.— “(1) In general.— Not less than twice annually, the Commandant shall ensure that each Coast Guard child development center is subject to an unannounced inspection. “(2) Responsibility for inspections.— Of the biannual inspections under paragraph (1)— “(A) 1 shall be carried out by a representative of the Coast Guard installation served by the Coast Guard child development center concerned; and “(B) 1 shall be carried out by a representative of the Coast Guard child development services work-life programs.” . (b) Family Child Care Providers.— (1) In general.— Chapter 29 of title 14, United States Code, is amended by adding at the end the following: “§ 2926. Family child care providers “(a) In General.— Not less frequently than quarterly, the Commandant shall ensure that each family child care provider is subject to inspection. “(b) Responsibility for Inspections.— Of the quarterly inspections under subsection (a) each year— “(1) 3 inspections shall be carried out by a representative of the Coast Guard installation served by the family child care provider concerned; and “(2) 1 inspection shall be carried out by a representative of the Coast Guard child development services work-life programs.” . (2) Clerical amendment.— The analysis for chapter 29 of title 14, United States Code, is 14 USC prec. 2901. amended by adding at the end the following: “2926. Family child care providers.”. SEC. 8238. EXPANDING OPPORTUNITIES FOR FAMILY CHILD CARE.   Not Deadline. Procedures. later than 1 year after the date of the enactment of this Act, the Commandant shall— (1) establish a procedure to allow Coast Guard family child care centers to occur at off-base housing, including off-base housing owned or subsidized by the Coast Guard; and (2) establish a procedure to ensure that all requirements with respect to such family child care programs are met, including home inspections. SEC. 8239. DEFINITIONS.   In this subtitle: (1) Coast guard child development center.— The term “Coast Guard child development center” has the meaning given that term in section 2921(3) of title 14, United States Code. (2) Coast guard family child care center.— The term “Coast Guard family child care center” means a location at which family home daycare is provided. (3) Family child care provider.— The term “family child care provider” means an individual who provides family home daycare. (4) Family home daycare.— The term “family home daycare” has the meaning given that term in section 2921(5) of title 14, United States Code. (5) Qualified family.— The term “qualified family” means any regular, reserve, or retired member of the Coast Guard, and any civilian employee of the Coast Guard, with one or more dependents. Subtitle D— Reports SEC. 8240. MODIFICATIONS OF CERTAIN REPORTING REQUIREMENTS. (a) Especially Hazardous Cargo.— Subsection (e) of section 70103 of title 46, United States Code, is amended to read as follows: “(e) Especially Hazardous Cargo.— “(1) Enforcement of security zones.— Consistent with other provisions of Federal law, the Coast Guard shall coordinate and be responsible for the enforcement of any Federal security zone established by the Coast Guard around a vessel containing especially hazardous cargo. The Coast Guard shall allocate available resources so as to deter and respond to a transportation security incident, to the maximum extent practicable, and to protect lives or protect property in danger. “(2) Especially hazardous cargo defined.— In this subsection, the term ‘especially hazardous cargo’ means anhydrous ammonia, ammonium nitrate, chlorine, liquefied natural gas, liquefied petroleum gas, and any other substance, material, or group or class of material, in a particular amount and form that the Secretary determines by regulation poses a significant risk of creating a transportation security incident while being transported in maritime commerce.” . (b) Compliance With Security Standards.— Section 809 of the Coast Guard and Maritime Transportation Act of 2004 (Public Law 108–293; 46 U.S.C. 70101 note) is amended by striking subsections (g) and (i). (c) Marine Safety Long-Term Strategy.— Section 2116 of title 46, United States Code, is amended— (1) in subsection (a), by striking “The strategy shall include the issuance of a triennial plan” and inserting “The 5-year strategy shall include the issuance of a plan”; (2) in subsection (b)— (A) in the subsection heading, by striking “Contents of Strategy and Triennial Plans” and inserting “5–Year Strategy and Plan”; (B) in paragraph (1), in the matter preceding subparagraph (A), by striking “strategy and triennial plans” and inserting “5-year strategy and plan”; and (C) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking “strategy and triennial plans” and inserting “5-year strategy and plan”; and (ii) in subparagraph (A), by striking “plans” and inserting “plan”; (3) in subsection (c)— (A) by striking “Beginning with fiscal year 2020 and triennially thereafter, the Secretary” and inserting “Not later than 5 years after the date of the enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, and every 5 years thereafter, the Secretary”; and (B) by striking “triennial”; and (4) in subsection (d)— (A) in paragraph (1), by striking “No less frequently than semiannually” and inserting “In conjunction with the submission of the 5-year strategy and plan”; and (B) in paragraph (2)— (i) in the heading, by striking “Report to congress” and inserting “Periodic briefings”; (ii) in the matter preceding subparagraph (A), by striking “report triennially” and all that follows through “the Senate” and inserting “periodically brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives”; (iii) in subparagraph (A)— (I) by striking “annual”; and (II) by striking “for the year covered by the report” and inserting “for the period covered by the briefing”; and (iv) in subparagraph (B)(ii), by striking “plans” and inserting “plan”. (d) Abandoned Seafarers Fund.— Section 11113(a) of title 46, United States Code, is amended— (1) in paragraph (4), by striking “On the date” and inserting “Except as provided in paragraph (5), on the date”; and (2) by adding at the end the following: “(5) No report required.— A report under paragraph (4) shall not be required if there were no expenditures from the Fund in the preceding fiscal year. The Commandant shall notify Congress in the event a report is not required under paragraph (4) by reason of this paragraph.” . (e) Major Acquisition Program Risk Assessment.— Section 5107 of title 14, United States Code, is amended— (1) in subsection (a), by striking “April 15 and October 15” and inserting “October 15”; and (2) in subsection (b)— (A) in paragraph (2), by striking “the 2 fiscal-year quarters preceding such assessment” and inserting “the previous fiscal year”; (B) in paragraph (3), by striking “such 2 fiscal-year quarters” and inserting “such fiscal year”; (C) in paragraph (4), by striking “such 2 fiscal-year quarters” and inserting “such fiscal year”; and (D) in paragraph (5), by striking “such 2 fiscal-year quarters” and inserting “such fiscal year”. SEC. 8241. REPORT ON CYBERSECURITY WORKFORCE. (a) In General.— 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 on how the Coast Guard plans to establish a workforce with the cybersecurity expertise to provide prevention assessments and response capacity to Operational Technology and Industrial Control Systems in national port and maritime environments. (b) Contents.— The report under subsection (a) shall include the following: (1) A description of the number and skills of active duty and reserve Coast Guard members expected for initial operating capacity and full operating capacity of the workforce described in subsection (a). (2) A description of the career development path for officers and enlisted members participating in the workforce. (3) A determination of how the workforce will fulfill the cybersecurity needs of the Area Maritime Security Council and United States port environments. (4) A determination of how the workforce will integrate with the Hunt and Incident Response and Assessment Teams of the Cyber and Infrastructure Security Agency of the Department of Homeland Security. (5) An assessment of successful models used by other Armed Forces, including the National Guard, to recruit, maintain, and utilize a cyber workforce, including the use of Reserve personnel for that purpose. SEC. 8242. REPORT ON NAVIGATION AND BRIDGE RESOURCE MANAGEMENT. (a) In General.— Not later than 180 days 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 on the training and qualification processes of the Coast Guard for deck watch officers, with a specific focus on basic navigation, bridge resource management, crew rest, and qualification processes. (b) Contents.— The report under subsection (a) shall include the following: (1) Recommendations for improving prearrival training, if necessary, and an assessment of how commercial industry best practices on prearrival training can be incorporated into military at sea watchkeeping. (2) A detailed description of the deck watch officer assessment process of the Coast Guard. (3) A list of programs that have been approved for credit toward merchant mariner credentials. (4) A complete analysis of the gap between the existing curriculum for deck watch officer training and the Standards of Training, Certification, and Watchkeeping for officer in charge of a navigational watch at the operational level, Chief level, and Master level. (5) A complete analysis of the gap between the existing training curriculum for deck watch officers and the licensing requirement for 3rd mate unlimited, Chief, and Master. (6) An assessment of deck watch officer options to complete the 3rd mate unlimited license and the qualification under the Standards of Training, Certification, and Watchkeeping for officer in charge of a navigational watch. (7) An assessment of senior deck watch officer options to complete the Chief Mate and Master unlimited license and the qualification under the Standards of Training, Certification, and Watchkeeping for Chief Mate and Master. SEC. 8243. REPORT ON HELICOPTER LIFE-CYCLE SUPPORT AND RECAPITALIZATION.    Updates. Not later than 180 days 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— (1) includes an updated fleet life-cycle analysis and service life extension plan that includes dynamic components, and which clearly demonstrates the mission viability of the MH–65 through anticipated fleet recapitalization; (2) includes a realistic sustainment budget necessary to achieve the operational availability rates necessary to meet MH–65 mission requirements through fleet recapitalization; (3) includes an update on the status of the Coast Guard MH–65 helicopter recapitalization; and (4) includes a description of any alternative, available, and cost-effective Government and civil systems, or updates, that the Coast Guard is considering for MH–65 operational missions, including Coast Guard cutter deployability requirements, in the event of delays to the future vertical lift program of the Coast Guard. SEC. 8244. REPORT ON COAST GUARD RESPONSE CAPABILITIES FOR CYBER INCIDENTS ON VESSELS ENTERING PORTS OR WATERS OF THE UNITED STATES. (a) In General.— 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 on the response capabilities of the Coast Guard with respect to cyber incidents on vessels entering ports or waters of the United States. (b) Review.— The report under subsection (a) shall include a review of each of the following: (1) The number and type of commercial vessels of the United States subject to regulations under part 104 of title 33, Code of Federal Regulations (or any corresponding similar regulation or ruling). (2) Policies and guidance issued by the Commandant, in accordance with guidelines on cyber risk management of the International Maritime Organization, to vessels of the United States. (3) Measures to be taken by owners or operators of commercial vessels of the United States to increase cybersecurity posture on such vessels. (4) Responses of the Commandant to cyber incidents on vessels described in paragraph (1) prior to the date of the enactment of this Act. (5) Response protocols followed by personnel of the Coast Guard to a cyber incident on any vessel described in paragraph (1) experienced while that vessel is traveling to ports or waters of the United States. (6) Oversight by the Commandant of— (A) vessel-to-facility interface, as defined in section 101.105 of title 33, Code of Federal Regulations (or any corresponding similar regulation or ruling); and (B) actions taken by the Coast Guard in coordination with vessel and facility owners and operators to protect commercial vessels and port facility infrastructure from cyber attacks and proliferation. (7) Requirements of the Commandant for the reporting of cyber incidents that occur on the vessels described in paragraph (1). (c) Recommendations and Appropriations.— The Commandant shall include in the report under subsection (a)— (1) recommendations— (A) to improve cyber incident response; and (B) for policies to address gaps identified by the review under subsection (b); and (2) a description of authorities and appropriations necessary to improve the preparedness of the Coast Guard for cyber incidents on vessels entering ports or waters of the United States and the ability of the Coast Guard to prevent and respond to such incidents. (d) Form.— The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. (e) Vessel of the United States Defined.— In this section, the term “vessel of the United States” has the meaning given such term in section 116 of title 46, United States Code. SEC. 8245. STUDY AND REPORT ON COAST GUARD INTERDICTION OF ILLICIT DRUGS IN TRANSIT ZONES. (a) Findings.— Congress makes the following findings: (1) The Coast Guard seizes an average of 1,221 pounds of cocaine and 85 pounds of marijuana each day in the transit zones of the Eastern Pacific Ocean, Caribbean Sea, and Southern maritime border approaches. (2) The Joint Interagency Task Force–South (JIATF–South) estimates that it has a spectrum of actionable intelligence on more than 80 percent of drug movements into the United States from Central America and South America. (3) The Coast Guard must balance asset allocation across 11 statutory missions. As such, the Coast Guard interdicts less than 10 percent of maritime noncommercial smuggling of illicit drugs into the United States from Central America and South America. (4) In 2017, the Government Accountability Office recommended that the Commandant of the Coast Guard— (A) develop new performance goals relating to the interdiction of illicit drugs smuggled into the United States, or describe the manner in which existing goals are sufficient; (B) report such goals to the public; (C) assess the extent to which limitations in performance data with respect to such goals are documented; (D) document measurable corrective actions and implementation timeframes with respect to such goals; and (E) document efforts to monitor implementation of such corrective actions. (b) Study.— The Secretary of the Department in which the Coast Guard is operating, in coordination with the Secretary of Defense and the heads of other relevant Federal agencies, shall conduct a study in order to identify gaps in resources that contribute to low interdiction rates for maritime noncommercial smuggling of illicit drugs into the United States from Central America and South America despite having actionable intelligence on more than 80 percent of drug movements in the transit zones of the Eastern Pacific Ocean, Caribbean Sea, and Southern maritime border approaches. (c) Report.— Not later than 1 year after the date of the enactment of this Act, 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 on the results of the study under subsection (b). Such report shall include— (1) a statement of the Coast Guard mission requirements for drug interdiction in the Caribbean basin; (2) the number of maritime surveillance hours and Coast Guard assets used in each of fiscal years 2017 through 2019 to counter the illicit trafficking of drugs and other related threats throughout the Caribbean basin; and (3) a determination of whether such hours and assets satisfied the Coast Guard mission requirements for drug interdiction in the Caribbean basin. (d) Form.— The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. SEC. 8246. REPORT ON LIABILITY LIMITS SET IN SECTION 1004 OF THE OIL POLLUTION ACT OF 1990.   Not later than 180 days 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 setting forth the following: (1) Each liability limit set under section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 2704), including the statutory or regulatory authority establishing such limit. (2) If the Commandant determines that any liability limit listed in such section should be modified— (A) a description of the modification; (B) a justification for such modification; and (C) a recommendation for legislative or regulatory action to achieve such modification. SEC. 8247. REPORT ON COAST GUARD DEFENSE READINESS RESOURCES ALLOCATION. (a) Report Required.— Not later than 180 days after the date of the 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 the allocation of resources by the Coast Guard to support its defense readiness mission. (b) Contents.— The report required by subsection (a) shall include the following elements: (1) Funding levels allocated by the Coast Guard to support defense readiness missions for each of the past 10 fiscal years. (2) Funding levels transferred or otherwise provided by the Department of Defense to the Coast Guard in support of the Coast Guard’s defense readiness missions for each of the past 10 fiscal years. (3) The number of Coast Guard detachments assigned in support of the Coast Guard’s defense readiness mission for each of the past 10 fiscal years. (c) Assessment.— In addition to the elements detailed in subsection (b), the report shall include an assessment of the impacts on the Coast Guard’s non-defense mission readiness and operational capabilities due to the annual levels of reimbursement provided by the Department of Defense to compensate the Coast Guard for its expenses to fulfill its defense readiness mission. SEC. 8248. REPORT ON THE FEASIBILITY OF LIQUEFIED NATURAL GAS FUELED VESSELS.   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 on the following: (1) The feasibility, safety, and cost effectiveness of using liquefied natural gas to fuel new Coast Guard vessels. (2) The feasibility, safety, and cost effectiveness of converting existing vessels to run on liquefied natural gas fuels. (3) The operational feasibility of using liquefied natural gas to fuel Coast Guard vessels. SEC. 8249. COAST GUARD AUTHORITIES STUDY. (a) In General.— The Secretary of the department in which the Coast Guard is operating shall seek to enter into an arrangement with the National Academy of Sciences not later than 60 days after the date of the enactment of this Act under which the Academy shall prepare an assessment of Coast Guard authorities. (b) Assessment.— The assessment under subsection (a) shall provide— (1) an examination of emerging issues that may require Coast Guard oversight, regulation, or action; (2) a description of potential limitations and shortcomings of relying on current Coast Guard authorities to address emerging issues; and (3) an overview of adjustments and additions that could be made to existing Coast Guard authorities to fully address emerging issues. (c) Report to the Congress.— Not later than 1 year after entering into an arrangement with the Secretary under subsection (a), the National Academy of Sciences 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 assessment under this section. (d) Emerging Issues.— In this section, the term “emerging issues” means changes in the maritime industry and environment that in the determination of the National Academy of Sciences are reasonably likely to occur within 10 years after the date of the enactment of this Act, including— (1) the introduction of new technologies in the maritime domain; (2) the advent of new processes or operational activities in the maritime domain; and (3) changes in the use of navigable waterways. (e) Form.— The assessment required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. SEC. 8250. REPORT ON EFFECTS OF CLIMATE CHANGE ON COAST GUARD. (a) In General.— 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 on vulnerabilities of Coast Guard installations and requirements resulting from climate change over the next 20 years. (b) Elements.— The report under subsection (a) shall include the following: (1) A list of the 10 most vulnerable Coast Guard installations based on the effects of climate change, including rising sea tides, increased flooding, drought, desertification, wildfires, thawing permafrost, or any other categories the Commandant determines necessary. (2) An overview of— (A) mitigations that may be necessary to ensure the continued operational viability and to increase the resiliency of the identified vulnerable installations; and (B) the cost of such mitigations. (3) A discussion of the climate-change-related effects on the Coast Guard, including— (A) the increase in the frequency of humanitarian assistance and disaster relief missions; and (B) campaign plans, contingency plans, and operational posture of the Coast Guard. (4) An overview of mitigations that may be necessary to ensure mission resiliency and the cost of such mitigations. (c) Form.— The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. SEC. 8251. SHORE INFRASTRUCTURE. (a) In General.— Not later than 1 year after the date of the enactment of this Act, the Commandant shall— (1) develop a plan to standardize Coast Guard facility condition assessments; (2) establish shore infrastructure performance goals, measures, and baselines to track the effectiveness of maintenance and repair investments and provide feedback on progress made; (3) develop a process to routinely align the Coast Guard shore infrastructure portfolio with mission needs, including disposing of unneeded assets; (4) establish guidance for planning boards to document inputs, deliberations, and project prioritization decisions for infrastructure maintenance projects; (5) employ models for Coast Guard infrastructure asset lines for— (A) predicting the outcome of investments in shore infrastructure; (B) analyzing tradeoffs; and (C) optimizing decisions among competing investments; (6) include supporting details about competing project alternatives and report tradeoffs in congressional budget requests and related reports; and (7) explore the development of real property management expertise within the Coast Guard workforce, including members of the Senior Executive Service. (b) Briefing.— Not later than December 31, 2020, the Commandant 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 status of the actions required under subsection (a). SEC. 8252. COAST GUARD HOUSING; STATUS AND AUTHORITIES BRIEFING.   Not Deadline. later than 180 days after the date of the enactment of this Act, the Commandant shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing on Coast Guard housing, including— (1) a description of the material condition of Coast Guard housing facilities; (2) the amount of current Coast Guard housing construction and deferred maintenance backlogs; (3) an overview of the manner in which the Coast Guard manages and maintains housing facilities; (4) a discussion of whether reauthorizing housing authorities for the Coast Guard similar to those provided in section 208 of the Coast Guard Authorization Act of 1996 (Public Law 104–324); and (5) recommendations regarding how the Congress could adjust those authorities to prevent mismanagement of Coast Guard housing facilities. SEC. 8253. PHYSICAL ACCESS CONTROL SYSTEM REPORT.    Time period. Not later 180 days after the date of the enactment of this Act, and annually for each of the 4 years thereafter, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report regarding the status of the Coast Guard’s compliance with Homeland Security Presidential Directive 12 (HSPD–12) and Federal Information Processing Standard 201 (FIPS–201), including— (1) the status of Coast Guard efforts to field a comprehensive Physical Access Control System at Coast Guard installations and locations necessary to bring the Service into compliance with HSPD–12 and FIPS–201B; (2) the status of the selection of a technological solution; (3) the estimated phases and timeframe to complete the implementation of such a system; and (4) the estimated cost for each phase of the project. SEC. 8254. STUDY ON CERTIFICATE OF COMPLIANCE INSPECTION PROGRAM WITH RESPECT TO VESSELS THAT CARRY BULK LIQUEFIED GASES AS CARGO AND LIQUEFIED NATURAL GAS TANK VESSELS. (a) GAO Report.— (1) In general.— Not later than 1 year after the date of the 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 resources, regulations, policies, protocols, and other actions designed to carry out the Coast Guard Certificate of Compliance program with respect to liquefied natural gas tank vessels (including examinations under section 153.808 of title 46, Code of Federal Regulations) and vessels that carry bulk liquefied gases as cargo (including examinations under part 154 of title 46, Code of Federal Regulations) for purposes of maintaining the efficiency of examinations under that program. (2) Contents.— The report under paragraph (1) shall include an assessment of the adequacy of current Coast Guard resources, regulations, policies, and protocols to maintain vessel examination efficiency while carrying out the program referred to in paragraph (1) as United States bulk liquefied gases cargo, liquefied natural gas exports, and associated vessel traffic at United States ports increase. (b) National Academies Study.— (1) In general.— Not later than 6 months after the date on which the report required under subsection (a) is submitted, the Commandant shall enter into an agreement with the National Academies under which the National Academies shall— (A) conduct an evaluation of the constraints and challenges to maintaining examination efficiency under the program as United States bulk liquefied gases cargo, liquefied natural gas exports, and associated vessel traffic at United States ports increase; and (B) issue recommendations for changes to resources, regulations, policies, and protocols to maintain the efficiency of the program, including analysis of the following alternatives: (i) Establishment of a Coast Guard marine examination unit near the Panama Canal to conduct inspections under the program on liquefied natural gas tank vessels bound for the United States, similar to Coast Guard operations carried out by Coast Guard Activities Europe and Coast Guard Activities Far East, including the effects of the establishment of such a unit on the domestic aspects of the program. (ii) Management of all marine examiners with gas carrier qualification within each Coast Guard District by a single Officer in Charge, Marine Inspection (as defined in section 50.10–10 of title 46, Code of Federal Regulations) to improve the efficiency of their vessel examination assignments. (iii) Extension of the duration of assignment of marine examiners with a gas carrier qualification at Coast Guard units that most frequently inspect vessels that carry bulk liquefied gases as cargo and liquefied natural gas tank vessels. (iv) Increase in the use of civilians to conduct and support examinations under the program. (v) Extension of the duration of certificates of compliance under the program for vessels that carry bulk liquefied gases as cargo and liquefied natural gas tank vessels that are less than 10 years of age and participate in a Coast Guard vessel quality program. SEC. 8255. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT ON COAST GUARD’S INTERNATIONAL PORT SECURITY PROGRAM. (a) GAO Report.— Not later than 1 year after the date of the 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 setting forth the results of a comprehensive review, conducted by the Comptroller General for purposes of the report, on the Coast Guard’s International Port Security Program, including the findings, and any recommendations for improvement of the program, of the Comptroller General. (b) Required Elements of Review.— The review required under subsection (a) shall include— (1) review of the actions of the Coast Guard under the Coast Guard’s International Port Security Program, since 2014, to enhance foreign port inspections; (2) review of the actions of the Coast Guard to recognize and monitor port inspection programs of foreign governments; (3) identification and review of the actions the Coast Guard takes to address any deficiencies it observes during visits at foreign ports; (4) identify and review the benchmarks of the Coast Guard for measuring the effectiveness of the program; and (5) review of the extent to which the Coast Guard and United States Customs and Border Protection coordinate efforts to screen and inspect cargo at foreign ports. SEC. 8256. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT ON SURGE CAPACITY OF THE COAST GUARD. (a) GAO Report.— Not later than 60 days after the date of the 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 setting for the results of a comprehensive review, conducted by the Comptroller General for purposes of the report, on the surge capacity of the Coast Guard to respond to a catastrophic incident (such as a hurricane), including the findings, and any recommendations for improvement, of the Comptroller General. (b) Required Elements of Review.— The review required under subsection (a) shall include— (1) a description and review of each Coast Guard deployment in response to a catastrophic incident after 2005; (2) identification of best practices informed by the deployments described in paragraph (1); (3) a review of the ability of the surge force of the Coast Guard to meet the demands of the response roles in which it was serving during each deployment described in paragraph (1); (4) identification of any statutory or regulatory impediments, such as adaptability, planning, training, mobilization, or information and resource integration, to the surge capacity of the Coast Guard in response to a catastrophic incident; (5) review of the impacts of a surge of the Coast Guard in response to a catastrophic incident on the capacity of the Coast Guard to perform its statutory missions; (6) review of the capability of the Coast Guard to surge in response to concurrent or subsequent catastrophic incidents; and (7) review and description of existing voluntary and involuntary deployments of Coast Guard personnel and assets in support of a United States Customs and Border Protection response to a national emergency (as defined in Presidential Proclamation 9844) on the surge capacity of the Coast Guard in the event of a catastrophic incident. (c) Definitions.— In this section, the terms “catastrophic incident” and “surge capacity” have the meaning given such terms in section 602 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 701). SEC. 8257. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT ON MARINE INSPECTIONS PROGRAM OF COAST GUARD. (a) GAO Report.— Not later than 1 year after the date of the 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 setting forth the results of a comprehensive review, conducted by the Comptroller General for purposes of the report, on the marine inspections program of the Coast Guard, including the findings, and any recommendations for improvement of the program, of the Comptroller General. (b) Required Elements of Review.— The review required under subsection (a) shall include— (1) an analysis of the demand for marine inspectors; (2) an identification of the number of fully qualified marine inspectors; (3) a determination of whether the number of marine inspectors identified in paragraph (2) is sufficient to meet the demand described in paragraph (1); (4) a review of the enlisted marine inspector workforce compared to the civilian marine inspector workforce and whether there is any discernable distinction or impact between such workforces in the performance of the marine safety mission; (5) an evaluation of the training continuum of marine inspectors; (6) a description and review of what actions, if any, the Coast Guard is taking to adapt to the current rise in United States export of crude oil and other fuels, such as implementing a safety inspection regime for barges; and (7) an analysis of extending tours of duty for marine inspectors and increasing the number of civilian marine inspectors. SEC. 8258. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT ON INFORMATION TECHNOLOGY PROGRAM OF COAST GUARD. (a) GAO Report.— (1) In general.— Not later than 1 year after the date of the 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 setting forth the results of a comprehensive review, conducted by the Comptroller General for purposes of the report, on the Coast Guard Command, Control, Communications, Computers, Cyber, and Intelligence Service Center, including the findings, and any recommendations for improvement of the program, of the Comptroller General. (2) Required elements of review.— The review required under paragraph (1) shall include— (A) analysis of how the Coast Guard manages its information technology program, including information technology acquisitions, to meet its various mission needs and reporting requirements; (B) analysis of the adequacy of the physical information technology infrastructure within Coast Guard districts, including network infrastructure, for meeting mission needs and reporting requirements; (C) analysis of whether and, if so, how the Coast Guard— (i) identifies and satisfies any knowledge and skill requirements; and (ii) recruits, trains, and develops its information technology personnel; (D) analysis of whether and, if so, how the Coast Guard separates information technology from operational technology for cybersecurity purposes; (E) analysis of how the Coast Guard intends to update its Marine Information for Safety and Law Enforcement system, personnel, accounting and other databases, and implement an electronic health records system; and (F) analysis of the goals and acquisition strategies for all proposed Coast Guard enterprise-wide cloud computing service procurements. (b) Review on Cloud Computing.— Not later than 180 days 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 detailed description of the Coast Guard’s strategy to implement cloud computing for the entire Coast Guard, including— (1) the goals and acquisition strategies for all proposed enterprise-wide cloud computing service procurements; (2) a strategy to sustain competition and innovation throughout the period of performance of each contract for procurement of cloud-computing goods and services for the Coast Guard, including defining opportunities for multiple cloud-service providers and insertion of new technologies; (3) an assessment of potential threats and security vulnerabilities of the strategy, and plans to mitigate such risks; and (4) an estimate of the cost and timeline to implement cloud computing service for all Coast Guard computing. SEC. 8259. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON ACCESS TO HEALTH CARE BY MEMBERS OF COAST GUARD AND DEPENDENTS. (a) Study.— (1) In general.— The Comptroller General of the United States shall conduct a study that examines access to, experience with, and needs under the TRICARE program of members of the Coast Guard and their dependents. (2) Elements.— The study conducted under paragraph (1) shall analyze the following: (A) The record of the TRICARE program in meeting the standards for care for primary and specialty care for members of the Coast Guard and dependents of those members, including members stationed in remote units. (B) The accuracy and update periodicity of lists of providers under the TRICARE program in areas serving Coast Guard families. (C) The wait times under the TRICARE program for appointments, specialty care, and referrals for members of the Coast Guard and dependents of those members. (D) The availability of providers under the TRICARE program in remote locations, including providers for mental health, care for children with special needs, child and adolescent psychiatry, dental, and female health. (E) The access of members of the Coast Guard and dependents of those members to services under the TRICARE program in comparison to the access to such services by personnel of the Department of Defense and dependents of such personnel. (F) The liaison assistance between members of the Coast Guard and dependents of those members and the TRICARE program provided by the Coast Guard in comparison to such assistance provided by the Department of Defense. (G) How delayed access to care, timeliness of care, and distance traveled to care may impact personnel readiness of members of the Coast Guard. (H) The regions particularly impacted by lack of access to care and recommendations to address those access issues. (b) 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 of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the findings, conclusions, and recommendations to improve access to quality, timely, and effective health care for members of the Coast Guard and dependents of those members from the study required under subsection (a). (c) Definitions.— In this section, the terms “dependent” and “TRICARE program” have the meanings given such terms in section 1072 of title 10, United States Code. SEC. 8260. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON MEDICAL STAFFING STANDARDS AND NEEDS FOR COAST GUARD. (a) Study.— (1) In general.— The Comptroller General of the United States shall conduct a study that examines the health care system of the Coast Guard. (2) Elements.— The study conducted under paragraph (1) shall analyze the following: (A) The billets in clinics of the Coast Guard, whether for personnel of the Coast Guard or otherwise, including the number of billets, vacancies, and length of vacancies. (B) The wait times for patients to attain an appointment for urgent care, routine physician care, and dental care. (C) The impact of billet vacancies on such wait times. (D) The barriers, if any, to improving coordination and access to physicians within the health care system of the Department of Defense. (E) The accessibility and availability of behavioral health medical personnel at clinics of the Coast Guard, including personnel available for family counseling, therapy, and other needs. (F) The staffing models of clinics of the Coast Guard, including recommendations to modernize such models. (G) The locations and needs of Coast Guard units with or without clinics. (H) How access to care models for members of the Coast Guard are managed, including models with respect to the time and distance traveled to receive care, the cost of that travel, and alternate options to secure care quickly and efficiently for members serving in units without a clinic. (b) Report.— (1) In general.— 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 of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the findings, conclusions, and recommendations from the study required under subsection (a). (2) Elements.— The report submitted under paragraph (1) shall include the following: (A) An identification of the number of members of the Coast Guard and types of units of the Coast Guard serviced by the health care system of the Coast Guard. (B) An assessment of the ability of the Coast Guard to conduct medical support at outlying units, including remote units. (C) An assessment of the capacity of the Coast Guard to support surge operations using historical data from the 10-year period preceding the date of the report. (D) An assessment of the impact to operations of the Coast Guard by extended wait times or travel times to receive care or other issues identified by the report. (c) Recommendations.— Not later than 90 days after the date on which the report is submitted under subsection (b), 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 written recommendations for medical staffing standards for the Coast Guard based on each finding and conclusion contained in the report, including recommendations for health service technicians, flight surgeons, physician assistants, dentists, dental hygienists, family advocate services, pharmacists, and administrators, and other recommendations, as appropriate. SEC. 8261. REPORT ON FAST RESPONSE CUTTERS, OFFSHORE PATROL CUTTERS, AND NATIONAL SECURITY CUTTERS. (a) In General.— Not later than 90 days 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 on the combination of Fast Response Cutters, Offshore Patrol Cutters, and National Security Cutters necessary to carry out Coast Guard missions. (b) Elements.— The report required by subsection (a) shall include— (1) an updated cost estimate for each type of cutter described in such subsection; and (2) a cost estimate for a Sensitive Compartmented Information Facility outfitted to manage data in a manner equivalent to the National Security Cutter Sensitive Compartmented Information Facilities. Subtitle E— Coast Guard Academy Improvement Act SEC. 8271. SHORT TITLE.   This subtitle may be cited as the “Coast Guard Academy Improvement Act”. SEC. 8272. COAST GUARD ACADEMY STUDY. (a) In General.— The Secretary of the department in which the Coast Guard is operating shall seek to enter into an arrangement with the National Academy of Public Administration not later than 60 days after the date of the enactment of the this Act under which the National Academy of Public Administration shall— (1) conduct an assessment of the cultural competence of the Coast Guard Academy as an organization and of individuals at the Coast Guard Academy to carry out effectively the primary duties of the United States Coast Guard listed in section 102 of title 14, United States Code, when interacting with individuals of different races, ethnicities, genders, religions, sexual orientations, socioeconomic backgrounds, or from different geographic origins; and (2) issue recommendations based upon the findings in such assessment. (b) Assessment of Cultural Competence.— (1) Cultural competence of the coast guard academy.— The arrangement Deadline. described in subsection (a) shall require the National Academy of Public Administration to, not later than 1 year after entering into an arrangement with the Secretary under subsection (a), 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 assessment described under subsection (a)(1). (2) Assessment scope.— The assessment described under subsection (a)(1) shall— (A) describe the level of cultural competence described in subsection (a)(1) based on the National Academy of Public Administration’s assessment of the Coast Guard Academy’s relevant practices, policies, and structures, including an overview of discussions with faculty, staff, students, and relevant Coast Guard Academy affiliated organizations; (B) examine potential changes which could be used to further enhance such cultural competence by— (i) modifying institutional practices, policies, and structures; and (ii) any other changes deemed appropriate by the National Academy of Public Administration; and (C) make recommendations to enhance the cultural competence of the Coast Guard Academy described in subparagraph (A), including any specific plans, policies, milestones, performance measures, or other information necessary to implement such recommendations. (c) Final Action Memorandum.— Not later than 6 months after submission of the assessment under subsection (b)(1), the Commandant of the Coast Guard 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 final action memorandum in response to all recommendations contained in the assessment. The final action memorandum shall include the rationale for accepting, accepting in part, or rejecting each recommendation, and shall specify, where applicable, actions to be taken to implement such recommendations, including an explanation of how each action enhances the ability of the Coast Guard to carry out the primary duties of the United States Coast Guard listed in section 102 of title 14, United States Code. (d) Plan.— (1) In general.— Not later than 6 months after the date of the submission of the final action memorandum required under subsection (c), the Commandant, in coordination with the Chief Human Capital Officer of the Department of Homeland Security, shall submit a plan to carry out the recommendations or the parts of the recommendations accepted in the final action memorandum to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (2) Strategy with milestones.— If any recommendation or parts of recommendations accepted in the final action memorandum address any of the following actions, then the plan required in paragraph (1) shall include a strategy with appropriate milestones to carry out such recommendations or parts of recommendations: (A) Improve outreach and recruitment of a more diverse Coast Guard Academy cadet candidate pool based on race, ethnicity, gender, religion, sexual orientation, socioeconomic background, and geographic origin. (B) Modify institutional structures, practices, and policies to foster a more diverse cadet corps body, faculty, and staff workforce based on race, ethnicity, gender, religion, sexual orientation, socioeconomic background, and geographic origin. (C) Modify existing or establish new policies and safeguards to foster the retention of cadets, faculty, and staff of different races, ethnicities, genders, religions, sexual orientations, socioeconomic backgrounds, and geographic origins at the Coast Guard Academy. (D) Restructure the admissions office of the Coast Guard Academy to be headed by a civilian with significant relevant higher education recruitment experience. (3) Implementation.— Unless otherwise directed by an Act of Congress, the Commandant shall begin implementation of the plan developed under this subsection not later than 180 days after the submission of such plan to Congress. (4) Update.— The Commandant shall include in the first annual report required under chapter 51 of title 14, United States Code, as amended by this division, submitted after the date of enactment of this section, the strategy with milestones required in paragraph (2) and shall report annually thereafter on actions taken and progress made in the implementation of such plan. SEC. 8273. ANNUAL REPORT.   Chapter 51 of title 14, United States Code, is further amended by adding at the end the following: “§ 5111. Report on diversity at Coast Guard Academy “(a) In General.— Not later than January 15, 2021, and annually thereafter, the Commandant shall submit a report on diversity at the Coast Guard Academy to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. “(b) Contents.— The report required under subsection (a) shall include— “(1) the status of the implementation of the plan required under section 8272 of the Elijah E. Cummings Coast Guard Authorization Act of 2020; “(2) specific information on outreach and recruitment activities for the preceding year, including the effectiveness of the Coast Guard Academy minority outreach team program described under section 1905 and of outreach and recruitment activities in the territories and other possessions of the United States; “(3) enrollment information about the incoming class, including the gender, race, ethnicity, religion, socioeconomic background, and State of residence of Coast Guard Academy cadets; “(4) information on class retention, outcomes, and graduation rates, including the race, gender, ethnicity, religion, socioeconomic background, and State of residence of Coast Guard Academy cadets; “(5) information on efforts to retain diverse cadets, including through professional development and professional advancement programs for staff and faculty; and “(6) a summary of reported allegations of discrimination on the basis of race, color, national origin, sex, gender, or religion for the preceding 5 years.” . SEC. 8274. ASSESSMENT OF COAST GUARD ACADEMY ADMISSION PROCESSES. (a) In General.— The Secretary of the department in which the Coast Guard is operating shall seek to enter into an arrangement with the National Academy of Public Administration under which the National Academy of Public Administration shall, not later than 1 year after submitting an assessment under section 8272(a), submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an assessment of the Coast Guard Academy admissions process. (b) Assessment Scope.— The assessment required to be sought under subsection (a) shall, at a minimum, include— (1) a study, or an audit if appropriate, of the process the Coast Guard Academy uses to— (A) identify candidates for recruitment; (B) recruit applicants; (C) assist applicants in the application process; (D) evaluate applications; and (E) make admissions decisions; (2) discussion of the consideration during the admissions process of diversity, including— (A) race; (B) ethnicity; (C) gender; (D) religion; (E) sexual orientation; (F) socioeconomic background; and (G) geographic origin; (3) an overview of the admissions processes at other Federal service academies, including— (A) discussion of consideration of diversity, including any efforts to attract a diverse pool of applicants, in those processes; and (B) an analysis of how the congressional nominations requirement in current law related to military service academies and the Merchant Marine Academy impacts those processes and the overall demographics of the student bodies at those academies; (4) a determination regarding how a congressional nominations requirement for Coast Guard Academy admissions could impact diversity among the student body and the ability of the Coast Guard to carry out effectively the Service’s primary duties described in section 102 of title 14, United States Code; and (5) recommendations for improving Coast Guard Academy admissions processes, including whether a congressional nominations process should be integrated into such processes. SEC. 8275. COAST GUARD ACADEMY MINORITY OUTREACH TEAM PROGRAM. (a) In General.— Chapter 19 of title 14, United States Code, is further amended by inserting after section 1904 (as amended by this division) the following: “§ 1905. Coast Guard Academy minority outreach team program “(a) In General.— There is established within the Coast Guard Academy a minority outreach team program (in this section referred to as the ‘Program’ ) under which officers, including minority officers and officers from territories and other possessions of the United States, who are Academy graduates may volunteer their time to recruit minority students and strengthen cadet retention through mentorship of cadets. “(b) Administration.— Not later than January 1, 2021, the Commandant, in consultation with Program volunteers and Academy alumni that participated in prior programs at the Academy similar to the Program, shall appoint a permanent civilian position at the Academy to administer the Program by, among other things— “(1) overseeing administration of the Program; “(2) serving as a resource to volunteers and outside stakeholders; “(3) advising Academy leadership on recruitment and retention efforts based on recommendations from volunteers and outside stakeholders; “(4) establishing strategic goals and performance metrics for the Program with input from active volunteers and Academy leadership; and “(5) reporting annually to the Commandant on academic year and performance outcomes of the goals for the Program before the end of each academic year.” . (b) Clerical Amendment.— The analysis for chapter 19 of title 14, United States Code, 14 USC prec. 1901. is further amended by inserting after the item relating to section 1904 (as amended by this division) the following: “1905. Coast Guard Academy minority outreach team program.”. SEC. 8276. COAST GUARD COLLEGE STUDENT PRE-COMMISSIONING INITIATIVE. (a) In General.— Subchapter I of chapter 21 of title 14, United States Code, is further amended by adding at the end the following: “§ 2131. College student pre-commissioning initiative “(a) In General.— There is authorized within the Coast Guard a college student pre-commissioning initiative program (in this section referred to as the ‘Program’ ) for eligible undergraduate students to enlist and receive a guaranteed commission as an officer in the Coast Guard. “(b) Criteria for Selection.— To be eligible for the Program a student must meet the following requirements upon submitting an application: “(1) Age.— A student must be not less than 19 years old and not more than 27 years old as of September 30 of the fiscal year in which the Program selection panel selecting such student convenes. “(2) Character.— “(A) All applicants.— All applicants must be of outstanding moral character and meet other character requirements as set forth by the Commandant. “(B) Coast guard applicants.— An 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 awarded nonjudicial punishment, or did not meet performance or character requirements set forth by the Commandant. “(3) Citizenship.— A student must be a United States citizen. “(4) Clearance.— A student must be eligible for a secret clearance. “(5) Dependency.— “(A) In general.— A student may not have more than 2 dependents. “(B) Sole custody.— A student who is single may not have sole or primary custody of dependents. “(6) Education.— “(A) Institution.— A student must be an undergraduate sophomore or junior— “(i) at a historically Black college or university described in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)) or an institution of higher education described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)); or “(ii) an undergraduate sophomore or junior enrolled at 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 application of the sophomore or junior, 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, 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. “(B) Location.— The institution at which such student is an undergraduate must be within 100 miles of a Coast guard unit or Coast Guard Recruiting Office unless otherwise approved by the Commandant. “(C) Records.— A student must meet credit and grade point average requirements set forth by the Commandant. “(7) Medical and administrative.— A student must meet other medical and administrative requirements as set forth by the Commandant. “(c) Enlistment and Obligation.— Individuals selected and accept to participate in the Program shall enlist in the Coast Guard in pay grade E–3 with a 4-year duty obligation and 4-year inactive Reserve obligation. “(d) Military Activities Prior to Officer Candidate School.— Individuals enrolled in the Program shall participate in military activities each month, as required by the Commandant, prior to attending Officer Candidate School. “(e) Participation in Officer Candidate School.— Each graduate of the Program shall attend the first enrollment of Officer Candidate School that commences after the date of such graduate’s graduation. “(f) Commissioning.— Upon graduation from Officer Candidate School, Program graduates shall be discharged from enlisted status and commissioned as an O–1 with an initial 3-year duty obligation. “(g) Briefing.— “(1) In general.— Not later than August 15 of each year, the Commandant shall provide a briefing 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 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) Clerical Amendment.— The analysis chapter 21 of title 14, United States Code, is 14 USC prec. 2101. amended by inserting after the item relating to section 2130 (as added by this division) the following: “2131. College student pre-commissioning initiative.”. SEC. 8277. ANNUAL BOARD OF VISITORS.   Section 1903(d) of title 14, United States Code, is amended— (1) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; and (2) by inserting after paragraph (1) the following: “(2) recruitment and retention, including diversity, inclusion, and issues regarding women specifically;” . SEC. 8278. HOMELAND SECURITY ROTATIONAL CYBERSECURITY RESEARCH PROGRAM AT COAST GUARD ACADEMY. (a) In General.— Subtitle E of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 411 et seq.) is amended by adding at the end the following: “SEC. 846. ROTATIONAL CYBERSECURITY RESEARCH PROGRAM.   “To enhance the Department’s cybersecurity capacity, the Secretary may establish a rotational research, development, and training program for— “(1) detail to the Cybersecurity and Infrastructure Security Agency (including the national cybersecurity and communications integration center authorized by section 2209) of Coast Guard Academy graduates and faculty; and “(2) detail to the Coast Guard Academy, as faculty, of individuals with expertise and experience in cybersecurity who are employed by— “(A) the Agency (including the center); “(B) the Directorate of Science and Technology; or “(C) institutions that have been designated by the Department as a Center of Excellence for Cyber Defense, or the equivalent.” . (b) Clerical Amendment.— The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 411 et seq.) is amended by adding at the end of the items relating to subtitle E of such Act the following: “Sec. 846.  Rotational cybersecurity research program.”. Subtitle F— Other Matters SEC. 8281. STRATEGY ON LEADERSHIP OF COAST GUARD. (a) In General.— Not later than 180 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall develop and make available to the public a strategy to improve leadership development in the Coast Guard, including mechanisms to address counterproductive leadership in the Coast Guard. (b) Elements.— The strategy shall include the following: (1) Mechanisms to foster positive and productive leadership qualities in emerging Coast Guard leaders, beginning, at minimum, members at grade O–2 for officers, members at grade E–6 for enlisted members, and members training to become an officer in charge. (2) Mechanisms for the ongoing evaluation of unit commanders, including identification of counterproductive leadership qualities in commanders. (3) Formal training on the recognition of counterproductive leadership qualities (in self and others), including at leadership seminars and school houses in the Coast Guard, including means to correct such qualities. (4) Clear and transparent policies on standards for command climate, leadership qualities, and inclusion. (5) Policy to ensure established and emerging leaders have access to hands-on training and tools to improve diversity and inclusion. (6) Policy and procedures for commanders to identify and hold accountable counterproductive leaders. (c) Counterproductive Leadership Defined.— In this section, the term “counterproductive leadership” has the meaning given that term for purposes of Army Doctrine Publication 6–22. SEC. 8282. EXPEDITED TRANSFER IN CASES OF SEXUAL ASSAULT; DEPENDENTS OF MEMBERS OF THE COAST GUARD.   Not Deadline. later than 180 days after the date of the enactment of this Act, the Commandant shall establish a policy to allow the transfer of a member of the Coast Guard whose dependent is the victim of sexual assault perpetrated by a member of the Armed Forces who is not related to the victim. SEC. 8283. ACCESS TO RESOURCES DURING CREOSOTE-RELATED BUILDING CLOSURES AT COAST GUARD BASE SEATTLE, WASHINGTON. (a) In General.— With respect to the creosote-related building closures at Coast Guard Base Seattle, Washington, the Commandant shall, to the maximum extent practicable, enter into 1 or more agreements or otherwise take actions to secure access to resources, including a gym, that are not otherwise available to members of the Coast Guard during such closures. (b) Briefing.— Not later than 60 days after the date of the enactment of this Act, the Commandant shall brief Congress with respect to actions taken by the Commandant to comply with subsection (a). SEC. 8284. SOUTHERN RESIDENT ORCA CONSERVATION AND ENFORCEMENT. (a) Report and Action Plan on Orca Enforcement Opportunities.— Not later than 180 days after the date of the enactment of this Act, the Commandant, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere, shall submit to Congress a report on Coast Guard efforts to enforce southern resident orca vessel buffer zones and other vessel-related regulations in Puget Sound in coordination with existing Coast Guard fisheries enforcement, maritime domain awareness, the Be Whale Wise campaign, and other related missions. Deadline. Such report shall include recommendations on what resources, appropriations, and assets are needed to meet orca conservation and related fisheries enforcement targets in the 13th Coast Guard District within 1 year of the date of enactment of this Act. (b) Southern Resident Orcas.— The Commandant, in coordination with the Under Secretary of Commerce for Oceans and Atmosphere, shall undertake efforts to reduce vessel noise impacts on Southern resident orcas in Puget Sound, the Salish Sea, and the Strait of Juan de Fuca. (c) Program.— (1) In general.— The Commandant shall— (A) support the development, implementation, and enforcement of commercial vessel noise reduction measures that are technically feasible and economically achievable; (B) establish procedures for timely communication of information to commercial vessel operators regarding orca sightings in Puget Sound and make navigational safety recommendations in accordance with the Cooperative Vessel Traffic Service Agreement; and (C) collaborate on studies or trials analyzing vessel noise impacts on Southern resident orcas. (2) Vessel noise impacts.— The Undersecretary of Commerce for Oceans and Atmosphere shall assess vessel noise impacts on Southern resident orcas in the program area and make recommendations to reduce that noise and noise related impacts to Southern resident orcas to the Commandant. (3) Coordination.— In carrying out this section, the Commandant shall coordinate with Canadian agencies affiliated with the Enhancing Cetacean Habitat and Observation (ECHO) program and other international organizations as appropriate. (4) Consultation.— In carrying out this section, the Commandant and the Undersecretary of Commerce for Oceans and Atmosphere shall consult with State, local, and Tribal governments and maritime industry and conservation stakeholders including ports, higher education institutions, and nongovernmental organizations. SEC. 8285. SENSE OF CONGRESS AND REPORT ON IMPLEMENTATION OF POLICY ON ISSUANCE OF WARRANTS AND SUBPOENAS AND WHISTLEBLOWER PROTECTIONS BY AGENTS OF THE COAST GUARD INVESTIGATIVE SERVICE. (a) Sense of Congress.— It is the sense of Congress that— (1) Coast Guard components with investigative authority should exercise such authority with due respect for the rights of whistleblowers; and (2) the Commandant should— (A) ensure compliance with the legal requirements intended to protect whistleblowers; (B) seek to shield the disclosure of the identities of whistleblowers; and (C) create an environment in which whistleblowers do not fear reprisal for reporting misconduct. (b) Report Required.— Not later than 120 days 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 on the policy of the Coast Guard on the issuance of warrants and subpoenas and whistleblower protections by agents of the Coast Guard Investigative Service. (c) Elements.— The report required by subsection (b) shall include the following: (1) A discussion of current and any new policy of the Coast Guard on the issuance of warrants and subpoenas and whistleblower protections by agents of the Coast Guard Investigative Service, including Coast Guard Investigative Service Criminal Investigation Operating Procedure CIOP 2019–02, and the differences between such current policies and new policies. (2) A plan (including milestones) for the implementation of the following: (A) Incorporation of Coast Guard Investigative Service Criminal Investigation Operating Procedure CIOP 2019–02 into the next revision of the relevant Coast Guard investigative manual. (B) Training on the policy described in paragraph (1) for the following: (i) Agents and legal counsel of the Coast Guard Investigative Service. (ii) Personnel of the Office of General Law. (iii) Relevant Coast Guard headquarters personnel. (iv) Such other Coast Guard personnel as the Commandant considers appropriate. SEC. 8286. INSPECTOR GENERAL REPORT ON ACCESS TO EQUAL OPPORTUNITY ADVISORS AND EQUAL EMPLOYMENT OPPORTUNITY SPECIALISTS. (a) In General.— Not later than 90 days after the date of the enactment of this Act, the inspector general of the department in which the Coast Guard is operating shall conduct a study and develop recommendations on the need to separate Equal Opportunity Advisors and Equal Employment Opportunity Specialists, as practicable, through the pre-complaint and formal discrimination complaint processes, for the complainant, the opposing party, and the commanding officers and officers in charge. (b) Briefing.— Not later than 30 days after the completion of the study required by subsection (a), 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 the manner in which the Coast Guard plans to implement the recommendations developed as a result of the study. SEC. 8287. INSIDER THREAT PROGRAM.   Not Deadline. Briefing. Plan. later than 180 days after the date of the enactment of this Act, the Commandant 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 a plan to expand the Coast Guard Insider Threat Program to include the monitoring of all Coast Guard devices, including mobile devices.

3 of 4 references resolved to an enrolled provision · 1 partial