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119th Congress

Title 14 — Coast Guard

Chapter 51 — Reports

§ 5102. Capital investment plan

Statutory text

(a)

In General.—

Not later than 60 days after the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a capital investment plan for the Coast Guard that identifies for each capital asset for which appropriations are proposed in that budget—

(1)

the proposed appropriations included in the budget;

(2)

the total estimated cost of completion based on the proposed appropriations included in the budget;

(3)

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

(4)

an estimated completion date based on the proposed appropriations included in the budget;

(5)

an acquisition program baseline, as applicable; and

(6)

projected commissioning and decommissioning dates for each asset.

(b)

New Capital Assets.—

In the fiscal year following each fiscal year for which appropriations are enacted for a new capital asset, the report submitted under subsection (a) shall include—

(1)

an estimated life-cycle cost estimate for the new capital asset;

(2)

an assessment of the impact the new capital asset will have on—

(A)

delivery dates for each capital asset;

(B)

estimated completion dates for each capital asset;

(C)

the total estimated cost to complete each capital asset; and

(D)

other planned construction or improvement projects; and

(3)

recommended funding levels for each capital asset necessary to meet the estimated completion dates and total estimated costs included in the such 1 asset’s approved acquisition program baseline.

(c)

Definitions.—

In this section, the term “new capital asset” means—

(1)

an acquisition program that does not have an approved acquisition program baseline; or

(2)

the acquisition of a capital asset in excess of the number included in the approved acquisition program baseline.

Footnotes

  1. 1 So in original.

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. Pub. L. 97–295 § 2(20)(A) · 96 Stat. 1287

    Enacted · 14 U.S.C. § 5102

    Added Pub. L. 97–295, § 2(20)(A), Oct. 12, 1982, 96 Stat. 1303, § 663

    Source evidence

    Code source credit
    Added Pub. L. 97–295, § 2(20)(A), Oct. 12, 1982, 96 Stat. 1303, § 663

    Enacted provision · exact public law section
    (A) Chapter 17 is amended by adding at the end thereof the following: “§ 661. Authorization of personnel end strengths “(a) For each fiscal year, Congress shall authorize the strength for active duty personnel of the Coast Guard as of the end of that fiscal year. Amounts may be appropriated for a fiscal year to or for the use of active duty personnel of the Coast Guard only if the end strength for active duty personnel for that fiscal year has been authorized by law. “(b) (1) Congress shall authorize the average military training student loads for the Coast Guard for each fiscal year. That authorization is required for student loads for the following individual training categories: “(A) Recruit and specialized training. “(B) Flight training. “(C) Professional training in military and civilian institutions. “(D) Officer acquisition training. “(2) Amounts may be appropriated for a fiscal year for use in training military personnel of the Coast Guard in the categories referred to in paragraph (1) only if the average student loads for the Coast Guard for that fiscal year have been authorized by law. “§ 662. Requirement for prior authorization of appropriations “Amounts may be appropriated to or for the use of the Coast Guard for the following matters only if the amounts have been authorized by law after December 31, 1976: “(1) For the operation and maintenance of the Coast Guard. “(2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore or offshore establishments, vessels, or aircraft, including equipment related to the aids, establishments, vessels, or aircraft. “(3) For altering obstructive bridges. “(4) For research, development, test, or evaluation related to a matter referred to in clauses (1H3). “§ 663. Submission of plans to Congress “The President shall submit to Congress with each budget request for the Coast Guard the current copy of the Coast Guard’s Capital Investment Plan, Cutter Plan, Aviation Plan, and Shore Facilities Plan.”.

  2. Coast Guard Authorization Act of 1988

    Pub. L. 100–448 § 25 · 102 Stat. 1836

    Inserted · 14 U.S.C. § 5102

    Pub. L. 100–448 inserted at end “Not later than 30 days after the date on which the President submits to the Congress a budget under section 1105 of title 31 which includes a proposed 2-year budget for the Coast Guard, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, and to the Committee on Merchant Marine and Fisheries and the Committee on Appropriations of the House of Representatives, detailed Coast Guard budget estimates for the fiscal years covered by such proposed 2-year budget.”

    Source evidence

    Code amendment note
    Pub. L. 100–448 inserted at end “Not later than 30 days after the date on which the President submits to the Congress a budget under section 1105 of title 31 which includes a proposed 2-year budget for the Coast Guard, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, and to the Committee on Merchant Marine and Fisheries and the Committee on Appropriations of the House of Representatives, detailed Coast Guard budget estimates for the fiscal years covered by such proposed 2-year budget.”

    Enacted provision · exact public law section
    SEC. 25. COAST GUARD BUDGET ESTIMATES. Section 663 of title 14, United States Code, is amended by adding at the end the following new sentence: “Not later than 30 days after the date on which the President submits to the Congress a budget under section 1105 of title 31 which includes a proposed 2-year budget for the Coast Guard, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, and to the Committee on Merchant Marine and Fisheries and the Committee on Appropriations of the House of Representatives, detailed Coast Guard budget estimates for the fiscal years covered by such proposed 2-year budget.”.

  3. Coast Guard Omnibus Act of 1990

    Pub. L. 101–595 title III § 311(c) · 104 Stat. 2979

    Substituted · 14 U.S.C. § 5102

    Pub. L. 101–595 substituted “Shore Facilities Plan, and Information Resources Management Plan.” for “and Shore Facilities Plan.”

    Source evidence

    Code amendment note
    Pub. L. 101–595 substituted “Shore Facilities Plan, and Information Resources Management Plan.” for “and Shore Facilities Plan.”

    Enacted provision · exact public law section
    (c) Section 663 of title 14, United States Code, is amended in the first sentence, by striking “and Shore Facilities Plan.” and inserting “Shore Facilities Plan, and Information Resources Management Plan.”.

  4. Omnibus Maritime and Coast Guard Improvements Act of 2002

    Pub. L. 107–295 title IV § 408(a)(2) · 116 Stat. 2064

    Substituted · 14 U.S.C. § 5102

    Pub. L. 107–295 substituted “Transportation and Infrastructure” for “Merchant Marine and Fisheries”

    Source evidence

    Code amendment note
    Pub. L. 107–295 substituted “Transportation and Infrastructure” for “Merchant Marine and Fisheries”.

    Enacted provision · exact public law section
    (2) Section 663 of title 14, United States Code, is amended by striking “Merchant Marine and Fisheries” and inserting “Transportation and Infrastructure”.

  5. Coast Guard and Maritime Transportation Act of 2012

    Pub. L. 112–213 title II § 213(a) · 126 Stat. 1540

    Amended · 14 U.S.C. § 5102

    Pub. L. 112–213 amended section generally. Prior to amendment, text read as follows: “The President shall submit to Congress with each budget request for the Coast Guard the current copy of the Coast Guard’s Capital Investment Plan, Cutter Plan, Aviation Plan, Shore Facilities Plan, and Information Resources Management Plan. Not later than 30 days after the date on which the President submits to the Congress a budget under section 1105 of title 31 which includes a proposed 2-year budget for the Coast Guard, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, and to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, detailed Coast Guard budget estimates for the fiscal years covered by such proposed 2-year budget.”

    Source evidence

    Code amendment note
    Pub. L. 112–213 amended section generally. Prior to amendment, text read as follows: “The President shall submit to Congress with each budget request for the Coast Guard the current copy of the Coast Guard’s Capital Investment Plan, Cutter Plan, Aviation Plan, Shore Facilities Plan, and Information Resources Management Plan. Not later than 30 days after the date on which the President submits to the Congress a budget under section 1105 of title 31 which includes a proposed 2-year budget for the Coast Guard, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, and to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, detailed Coast Guard budget estimates for the fiscal years covered by such proposed 2-year budget.”

    Enacted provision · exact public law section
    (a) Capital Investment Plan.— Section 663 of title 14, United States Code, is amended to read as follows: “§ 663. Capital investment plan “(a) In General.— On the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, 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— “(1) a capital investment plan for the Coast Guard that identifies for each capital asset for which appropriations are proposed in that budget— “(A) the proposed appropriations included in the budget; “(B) the total estimated cost of completion; “(C) projected funding levels for each fiscal year for the next 5 fiscal years or until project completion, whichever is earlier; “(D) an estimated completion date at the projected funding levels; and “(E) an acquisition program baseline, as applicable; and “(2) a list of each unfunded priority for the Coast Guard. “(b) Unfunded Priority Defined.— In this section, the term ‘unfunded priority’ means a program or mission requirement that— “(1) has not been selected for funding in the applicable proposed budget; “(2) is necessary to fulfill a requirement associated with an operational need; and “(3) the Commandant would have recommended for inclusion in the applicable proposed budget had additional resources been available or had the requirement emerged before the budget was submitted.” .

  6. Coast Guard Authorization Act of 2015

    Pub. L. 114–120 § 101(d)(2) · 130 Stat. 27

    Changed · 14 U.S.C. § 5102

    Pub. L. 114–120, § 101(d)(2), renumbered section 663 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 114–120, § 101(d)(2), renumbered section 663 of this title as this section.

    Enacted provision · exact public law section
    (2) Capital investment plan.— Section 663 of title 14, United States Code, is amended— (A) 14 USC 2902. by redesignating such section as section 2902; and (B) by transferring such section to appear after section 2901 of such title (as so redesignated and transferred by paragraph (1) of this subsection).

  7. Coast Guard Authorization Act of 2015

    Pub. L. 114–120 § 204(b)(1)(A) · 130 Stat. 27

    Substituted · 14 U.S.C. § 5102(a)(1)(B)

    Pub. L. 114–120, § 204(b)(1)(A), substituted “completion based on the proposed appropriations included in the budget;” for “completion;”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B). Pub. L. 114–120, § 204(b)(1)(A), substituted “completion based on the proposed appropriations included in the budget;” for “completion;”.

    Enacted provision · exact public law section
    (A) in subparagraph (B), by striking “completion;” and inserting “completion based on the proposed appropriations included in the budget;”; and

  8. Coast Guard Authorization Act of 2015

    Pub. L. 114–120 § 204(b)(1)(B) · 130 Stat. 27

    Substituted · 14 U.S.C. § 5102(a)(1)(D)

    Pub. L. 114–120, § 204(b)(1)(B), substituted “based on the proposed appropriations included in the budget;” for “at the projected funding levels;”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(D). Pub. L. 114–120, § 204(b)(1)(B), substituted “based on the proposed appropriations included in the budget;” for “at the projected funding levels;”.

    Enacted provision · exact public law section
    (B) in subparagraph (D), by striking “at the projected funding levels;” and inserting “based on the proposed appropriations included in the budget;”; and

  9. Coast Guard Authorization Act of 2015

    Pub. L. 114–120 § 204(b)(2) · 130 Stat. 27

    Redesignated · 14 U.S.C. § 5102(b)

    Pub. L. 114–120, § 204(b)(2), added subsec. (b). Former subsec. (b) redesignated (c)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 114–120, § 204(b)(2), added subsec. (b). Former subsec. (b) redesignated (c).

    Enacted provision · exact public law section
    (2) by redesignating subsection (b) as subsection (c), and inserting after subsection (a) the following: “(b) New Capital Assets.— In the fiscal year following each fiscal year for which appropriations are enacted for a new capital asset, the report submitted under subsection (a) shall include— “(1) Cost estimate. an estimated life-cycle cost estimate for the new capital asset; “(2) Assessment. an assessment of the impact the new capital asset will have on— “(A) delivery dates for each capital asset; “(B) estimated completion dates for each capital asset; “(C) the total estimated cost to complete each capital asset; and “(D) other planned construction or improvement projects; and “(3) recommended funding levels for each capital asset necessary to meet the estimated completion dates and total estimated costs included in the such asset’s approved acquisition program baseline.” ; and

  10. Coast Guard Authorization Act of 2015

    Pub. L. 114–120 § 204(b)(2) · 130 Stat. 27

    1. Redesignated · 14 U.S.C. § 5102(c)

      Pub. L. 114–120, § 204(b)(2), (3), redesignated subsec. (b) as (c)

    2. Amended · 14 U.S.C. § 5102(c)

      Pub. L. 114–120, § 204(b)(2), (3), amended it generally. Prior to amendment, text read as follows: “In this section, the term ‘unfunded priority’ means a program or mission requirement that—

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 114–120, § 204(b)(2), (3), redesignated subsec. (b) as (c) and amended it generally. Prior to amendment, text read as follows: “In this section, the term ‘unfunded priority’ means a program or mission requirement that—

    “(1) has not been selected for funding in the applicable proposed budget; “(2) is necessary to fulfill a requirement associated with an operational need; and “(3) the Commandant would have recommended for inclusion in the applicable proposed budget had additional resources been available or had the requirement emerged before the budget was submitted.”

    Enacted provision · exact public law section
    (2) by redesignating subsection (b) as subsection (c), and inserting after subsection (a) the following: “(b) New Capital Assets.— In the fiscal year following each fiscal year for which appropriations are enacted for a new capital asset, the report submitted under subsection (a) shall include— “(1) Cost estimate. an estimated life-cycle cost estimate for the new capital asset; “(2) Assessment. an assessment of the impact the new capital asset will have on— “(A) delivery dates for each capital asset; “(B) estimated completion dates for each capital asset; “(C) the total estimated cost to complete each capital asset; and “(D) other planned construction or improvement projects; and “(3) recommended funding levels for each capital asset necessary to meet the estimated completion dates and total estimated costs included in the such asset’s approved acquisition program baseline.” ; and

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

    Pub. L. 115–232 div. C title XXXV · 132 Stat. 1636

    1. Substituted · 14 U.S.C. § 5102(a)

      Pub. L. 115–232, §§ 3525(1), 3531(c)(15), in introductory provisions, substituted “Not later than 60 days after the date” for “On the date”

    2. Substituted · 14 U.S.C. § 5102(a)

      Pub. L. 115–232, §§ 3525(1), 3531(c)(15), in introductory provisions, substituted “Commandant” for “Commandant of the Coast Guard”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–232, §§ 3525(1), 3531(c)(15), in introductory provisions, substituted “Not later than 60 days after the date” for “On the date” and “Commandant” for “Commandant of the Coast Guard”.

    Enacted provision · exact public law
    TITLE XXXV— MARITIME MATTERS TITLE XXXV— MARITIME MATTERS Subtitle A— Maritime Administration Sec. 3501.  Authorization of the Maritime Administration. Sec. 3502.  Compliance by Ready Reserve Fleet vessels with SOLAS lifeboats and fire suppression requirements. Sec. 3503.  Maritime Administration National Security Multi-Mission Vessel Program. Sec. 3504.  Permanent authority of Secretary of Transportation to issue vessel war risk insurance. Sec. 3505.  Use of State maritime academy training vessels. Sec. 3506.  Concurrent jurisdiction. Sec. 3507.  United States Merchant Marine Academy policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking. Sec. 3508.  Report on implementation of recommendations for the United States Merchant Marine Academy Sexual Assault Prevention and Response Program. Sec. 3509.  Report on the application of the Uniform Code of Military Justice to the United States Merchant Marine Academy. Sec. 3510.  Electronic records on mariner availability to meet national security needs. Sec. 3511.  Small shipyard grants. Sec. 3512.  Sea year on contracted vessels. Sec. 3513.  GAO report on national maritime strategy. Sec. 3514.  Multi-year contracts. Sec. 3515.  Miscellaneous. Sec. 3516.  Department of Transportation Inspector General report on Title XI program. Subtitle B— Coast Guard Sec. 3521.  Alignment with Department of Defense and sea services authorities. Sec. 3522.  Preliminary development and demonstration. Sec. 3523.  Contract termination. Sec. 3524.  Reimbursement for travel expenses. Sec. 3525.  Capital investment plan. Sec. 3526.  Major acquisition program risk assessment. Sec. 3527.  Marine safety implementation status. Sec. 3528.  Retirement of Vice Commandant. Sec. 3529.  Large recreational vessel regulations. Subtitle C— Coast Guard and Shipping Technical Corrections Chapter 1— Coast Guard Sec. 3531.  Commandant defined. Sec. 3532.  Training course on workings of Congress. Sec. 3533.  Miscellaneous. Sec. 3534.  Department of Defense consultation. Sec. 3535.  Repeal. Sec. 3536.  Mission need statement. Sec. 3537.  Continuation on active duty. Sec. 3538.  System acquisition authorization. Sec. 3539.  Inventory of real property. Chapter 2— Maritime Transportation Sec. 3541.  Definitions. Sec. 3542.  Authority to exempt vessels. Sec. 3543.  Passenger vessels. Sec. 3544.  Tank vessels. Sec. 3545.  Grounds for denial or revocation. Sec. 3546.  Miscellaneous corrections to title 46, U.S.C. Sec. 3547.  Miscellaneous corrections to Oil Pollution Act of 1990. Sec. 3548.  Miscellaneous corrections. Subtitle A— Maritime Administration SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION. (a) In General.— There are authorized to be appropriated to the Department of Transportation for fiscal year 2019, to be available without fiscal year limitation if so provided in appropriations Acts, for programs associated with maintaining the United States merchant marine, the following amounts: (1) For expenses necessary for operations of the United States Merchant Marine Academy, $74,593,000, of which— (A) $70,593,000 shall be for Academy operations; and (B) $4,000,000 shall remain available until expended for capital asset management at the Academy. (2) For expenses necessary to support the State maritime academies, $32,200,000, of which— (A) $2,400,000 shall remain available until September 30, 2019, for the Student Incentive Program; (B) $6,000,000 shall remain available until expended for direct payments to such academies; (C) $22,000,000 shall remain available until expended for maintenance and repair of State maritime academy training vessels; and (D) $1,800,000 shall remain available until expended for training ship fuel assistance. (3) For expenses necessary to support the National Security Multi-Mission Vessel Program, $300,000,000, which shall remain available until expended. (4) For expenses necessary to support Maritime Administration operations and programs, $60,442,000, of which $5,000,000 shall remain available until expended for port infrastructure development under section 50302 of title 46, United States Code. (5) For expenses necessary to dispose of vessels in the National Defense Reserve Fleet, $5,000,000, which shall remain available until expended. (6) For expenses necessary to maintain and preserve a United States flag merchant marine to serve the national security needs of the United States under chapter 531 of title 46, United States Code, $300,000,000. (7) For expenses necessary for the loan guarantee program authorized under chapter 537 of title 46, United States Code, $33,000,000, of which— (A) $30,000,000 may be used for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees under the program; and (B) $3,000,000 may be used for administrative expenses relating to loan guarantee commitments under the program. (8) For expenses necessary to provide assistance to small shipyards and for maritime training programs under section 54101 of title 46, United States Code, $35,000,000. (b) Capital Asset Management Program Report.— Not later than 180 days after the date of the enactment of this Act, the Maritime Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status of unexpended appropriations for capital asset management at the United States Merchant Marine Academy, and the plan for expending such appropriations. SEC. 3502. COMPLIANCE BY READY RESERVE FLEET VESSELS WITH SOLAS LIFEBOATS AND FIRE SUPPRESSION REQUIREMENTS.   The Secretary of Defense shall, consistent with section 2244a of title 10, United States Code, use authority under section 2218 of such title to make such modifications to Ready Reserve Fleet vessels as are necessary for such vessels to comply requirements for lifeboats and fire suppression under the International Convention for the Safety of Life at Sea by not later than October 1, 2021. SEC. 3503. MARITIME ADMINISTRATION NATIONAL SECURITY MULTI-MISSION VESSEL PROGRAM.   Section 3505 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2776) is amended by adding at the end the following: “(h) Limitation on Use of Funds for Used Vessels.— Amounts authorized by this or any other Act for use by the Maritime Administration to carry out this section may not be used for the procurement of any used vessel.” . SEC. 3504. PERMANENT AUTHORITY OF SECRETARY OF TRANSPORTATION TO ISSUE VESSEL WAR RISK INSURANCE. (a) In General.— Section 53912 of title 46, United States Code, is repealed. (b) Clerical Amendment.— The table of sections at the beginning of chapter 539 of title 46, United States Code, 46 USC prec. 53901. is amended by striking the item relating to section 53912. SEC. 3505. USE OF STATE MARITIME ACADEMY TRAINING VESSELS.   Section 51504(g) of title 46, United States Code, is amended to read as follows: “(g) Vessel Sharing.— “(1) In general.— Not later than 90 days after the date of enactment of the National Defense Authorization Act for Fiscal Year 2019, the Secretary, acting through the Maritime Administrator, shall upon consultation with the maritime academies, and to the extent feasible with the consent of the maritime academies, implement a program of training vessel sharing, requiring maritime academies to share training vessel provided by the Secretary among maritime academies, as necessary to ensure that training needs of each academy are met. “(2) Program of vessel sharing.— For purposes of this subsection, a program of vessel sharing shall include— “(A) ways to maximize the available underway training available in the fleet of training vessels; “(B) coordinating the dates and duration of training cruises with the academic calendars of maritime academies; “(C) coordinating academic programs designed to be implemented aboard training vessels among maritime academies; and “(D) identifying ways to minimize costs. “(3) Additional funding.— Subject to the availability of appropriations, the Maritime Administrator may provide additional funding to State maritime academies during periods of limited training vessel capacity, for costs associated with training vessel sharing. “(4) Evaluation.— Not later than 30 days after the beginning of each fiscal year, the Secretary, acting through the Maritime Administrator, shall evaluate the vessel sharing program under this subsection to determine the optimal utilization of State maritime training vessels, and modify the program as necessary to improve utilization.” . SEC. 3506. CONCURRENT JURISDICTION.   Notwithstanding any other law, the Secretary of Transportation may relinquish, at the Secretary’s discretion, to the State of New York, such measure of legislative jurisdiction over the lands constituting the United States Merchant Marine Academy in King’s Point, New York, as is necessary to establish concurrent jurisdiction between the Federal Government and the State of New York. Such partial relinquishment of legislative jurisdiction shall be accomplished— (1) by filing with the Governor of New York a notice of relinquishment to take effect upon acceptance thereof; or (2) as the laws of that State may provide. SEC. 3507. UNITED STATES MERCHANT MARINE ACADEMY POLICY ON SEXUAL HARASSMENT, DATING VIOLENCE, DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING. (a) Policy on Sexual Harassment, Dating Violence, Domestic Violence, Sexual Assault, and Stalking.— Section 51318 of title 46, United States Code, is amended— (1) in subsection (a)(2)— (A) in subparagraph (A), by inserting “and prevention” after “awareness”; (B) by redesignating subparagraph (B) as subparagraph (C), and subparagraphs (C) through (F) as subparagraphs (E) through (H), respectively; (C) by inserting after subparagraph (A) the following: “(B) procedures for documenting, tracking, and maintaining the data required to conduct the annual assessments to determine the effectiveness of the policies, procedures, and training program of the Academy with respect to sexual harassment, dating violence, domestic violence, sexual assault, and stalking involving cadets or other Academy personnel, as required by subsection (c);” ; and (D) by inserting after subparagraph (C), as redesignated by subparagraph (B), the following: “(D) procedures for investigating sexual harassment, dating violence, domestic violence, sexual assault, or stalking involving a cadet or other Academy personnel to determine whether disciplinary action is necessary;” ; (2) in subsection (b)(2)(A), by inserting “and other Academy personnel” after “cadets at the Academy”; and (3) in subsection (d)— (A) in paragraph (2)(A) by inserting “, including sexual harassment,” after “sexual assaults, rapes, and other sexual offenses”; and (B) in paragraph (4)(B), by striking “The Secretary” and inserting “Not later than January 15 of each year, the Secretary”. (b) Implementation.— The Superintendent of the United States Merchant Marine Academy may implement the amendment to subsection (b)(2)(A) of section 51318 of title 46, United States Code, made by subsection (a)(2), by updating an existing plan issued pursuant to the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91). SEC. 3508. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS FOR THE UNITED STATES MERCHANT MARINE ACADEMY SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAM.   Not later than April 1, 2019, the Maritime Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the progress of the Maritime Administration in implementing and closing each of the recommendations made in the Office of Inspector General’s Report issued March 28, 2018 (ST–2018–039) identifying gaps in the United States Merchant Marine Academy’s Sexual Assault Prevention and Response Program. SEC. 3509. REPORT ON THE APPLICATION OF THE UNIFORM CODE OF MILITARY JUSTICE TO THE UNITED STATES MERCHANT MARINE ACADEMY. (a) Report.— Not later than 180 days after the date of the enactment of this Act, the Maritime Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives on the impediments to the application of the Uniform Code of Military Justice at the United States Merchant Marine Academy. (b) Consultation.— The Maritime Administrator may, in preparing the report under subsection (a), consult with the Department of Defense, other Federal agencies, and non-Federal entities, as appropriate. SEC. 3510. ELECTRONIC RECORDS ON MARINER AVAILABILITY TO MEET NATIONAL SECURITY NEEDS.   The Secretary of the department in which the Coast Guard is operating shall ensure that electronic records maintained under section 7502 of title 46, United States Code, are able to be used by the Secretary of Transportation— (1) to determine the potential availability of mariners credentialed under part E of subtitle II of title 46, United States Code, to meet national security sealift needs; and (2) to receive information on the qualification of such mariners. SEC. 3511. SMALL SHIPYARD GRANTS.   Section 54101(b) of title 46, United States Code, is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (2) by inserting after paragraph (1) the following: “(2) Timing of grant notice.— The Administrator shall post a Notice of Funding Opportunity regarding grants awarded under this section not more than 15 days after the date of enactment of the appropriations Act for the fiscal year concerned.” ; and (3) in paragraph (4), as redesignated by paragraph (1), by striking “paragraph (2)” and inserting “paragraph (3)”. SEC. 3512. SEA YEAR ON CONTRACTED VESSELS.   Section 51307 of title 46, United States Code, is amended— (1) by striking “The Secretary” and inserting the following: “(a) In General.— The Secretary” ; (2) in paragraph (1) of subsection (a), by striking “owned or subsidized by” and inserting “owned, subsidized by, or contracted with”; and (3) by adding at the end the following: “(b) Maritime Security Program Vessels.— The Secretary shall require an operator of a vessel participating in the Maritime Security Program under chapter 531 of this title to carry on each Maritime Security Program vessel 2 United States Merchant Marine Academy cadets, if available, on each voyage. “(c) Military Sealift Command Vessels.— “(1) In general.— Except as provided in paragraph (2), the Commander of the Military Sealift Command shall require an operator of a vessel in the United States Navy’s Military Sealift Command to carry on each such vessel 2 United States Merchant Marine Academy cadets, if available, on each voyage, if the vessel— “(A) is flagged in the United States; and “(B) is rated at 10,000 gross tons or higher. “(2) Waiver.— The Commander of the Military Sealift Command may waive the requirement under paragraph (1) at any time if the Commander determines that carrying a cadet from the United States Merchant Marine Academy would place an undue burden on the vessel or the operator of the vessel. “(d) Definition of Operator.— In this section, the term ‘operator’ includes a government operator and a non-government operator. “(e) Savings Clause.— Nothing in this section may be construed as affecting— “(1) the discretion of the Secretary to determine whether to place a United States Merchant Marine Academy cadet on a vessel; “(2) the authority of the Coast Guard regarding a vessel security plan approved under section 70103; or “(3) the discretion of the master of the vessel to ensure the safety of all crew members.” . SEC. 3513. GAO REPORT ON NATIONAL MARITIME STRATEGY. (a) Report.— Not later than 12 months after the date of the enactment of this Act, the Comptroller General of the United States shall complete a study and submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Armed Services of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives, a report on— (1) the key challenges, if any, to ensuring that the United States marine transportation system and merchant marine are sufficient to support United States economic and defense needs, as articulated by the Maritime Administration, the Committee on the Marine Transportation System, and other stakeholders; (2) the extent to which a national maritime strategy incorporates desirable characteristics of successful national strategies as identified by the Comptroller General, and any key obstacles (as identified by stakeholders) to successfully implementing such strategies; and (3) the extent to which Federal efforts to establish a national maritime strategy are duplicative or fragmented, and if so, the impact on United States maritime policy for the future. (b) Deadline.— Subsection (a) of section 603 of the Howard Coble Coast Guard and Maritime Transportation Act of 2014 (Public Law 113–281; 128 Stat. 3061) is amended by striking “Not later than 60 days after the date of the enactment of this Act” and inserting “Not later than 18 months after the date of the enactment of the John S. McCain National Defense Authorization Act for Fiscal Year 2019”. SEC. 3514. MULTI-YEAR CONTRACTS.   Section 3505 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2776), as amended by section 3503 of this Act, is further amended by adding at the end the following: “(i) Contracting Authority Not Affected.— Nothing in this section may be construed to prohibit the entity responsible for contracting from entering into a multiple-year or block contract for the procurement of up to 6 new vessels and associated Government-furnished equipment, subject to the availability of appropriations.” . SEC. 3515. MISCELLANEOUS. (a) Noncommercial Vessels.— Section 3514(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 46 U.S.C. 51318 note) is amended— (1) by striking “Not later than” and inserting the following: “(1) In general.— Not later than” ; and (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly; and (3) by adding at the end the following: “(2) Noncommercial vessels.— For the purposes of this section, vessels operated by any of the following entities shall not be considered commercial vessels: “(A) Any entity or agency of the United States. “(B) The government of a State or territory. “(C) Any political subdivision of a State or territory. “(D) Any other municipal organization.” . (b) Passenger Records.— Section 51322(c) of title 46, United States Code, is amended to read as follows: “(c) Maintenance of Sexual Assault Training Records.— The Maritime Administrator shall require the owner or operator of a commercial vessel, or the seafarer union for a commercial vessel, to maintain records of sexual assault training for any person required to have such training.” . (c) National Oceanic and Atmospheric Administration.— Section 3134 of title 40, United States Code, is amended by adding at the end the following: “(c) National Oceanic and Atmospheric Administration.— The Secretary of Commerce may waive this subchapter with respect to contracts for the construction, alteration, or repair of vessels, regardless of the terms of the contracts as to payment or title, when the contract is made under the Act entitled ‘An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes’, approved August 6, 1947 (33 U.S.C. 883a et seq.).” . (d) Annual Payments for Maintenance and Support.— Section 51505(b)(2) of title 46 is amended to read as follows: “(2) Maximum.— The amount under paragraph (1) may not be more than $25,000, unless the academy satisfies section 51506(b) of this title.” . SEC. 3516. DEPARTMENT OF TRANSPORTATION INSPECTOR GENERAL REPORT ON TITLE XI PROGRAM.   Not later than 180 days after the date of enactment of this Act, the Department of Transportation Office of Inspector General shall— (1) initiate an audit of the financial controls and protections included in the policies and procedures of the Department of Transportation for approving loan applications for the loan guarantee program authorized under chapter 537 of title 46, United States Code; and (2) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the results of that audit once the audit is completed. Subtitle B— Coast Guard SEC. 3521. ALIGNMENT WITH DEPARTMENT OF DEFENSE AND SEA SERVICES AUTHORITIES. (a) Prohibiting Sexual Harassment; Report.— (1) Notification.— (A) In general.— The Commandant of the Coast Guard shall notify the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on August 26, 2018, if there is not in effect a general order or regulation prohibiting sexual harassment by members of the Coast Guard and clearly stating that a violation of such order or regulation is punishable in accordance with the Uniform Code of Military Justice. (B) Contents.— The notification required under subparagraph (A) shall include— (i) details regarding the status of the drafting of such general order or regulation; (ii) a projected implementation timeline for such general order or regulation; and (iii) an explanation regarding any barriers to implementation. (2) Report.— Section 217 of the Coast Guard Authorization Act of 2010 (Public Law 111–281; 14 U.S.C. 93 note) is amended— (A) in subsection (a), by inserting “and incidents of sexual harassment” after “sexual assaults”; and (B) in subsection (b)— (i) in paragraph (1), by inserting “and incidents of sexual harassment” after “sexual assaults” each place it appears; (ii) in paragraph (3), by inserting “and sexual harassment” after “sexual assault”; and (iii) in paragraph (4), by inserting “and sexual harassment” after “sexual assault”. (b) Annual Performance Report.— (1) In general.— Chapter 29 of title 14, United States Code, is amended by adding at the end the following: “§ 2905. Annual performance report   “Not later than the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Commandant of the Coast Guard shall make available on a public website and 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 update on Coast Guard mission performance during the previous fiscal year.” . (2) Clerical amendment.— The analysis at the beginning of such chapter is 14 USC prec. 2901. amended by adding at the end the following: “2905. Annual performance report.”. SEC. 3522. PRELIMINARY DEVELOPMENT AND DEMONSTRATION.   Section 573 of title 14, United States Code, is amended— (1) in subsection (b)(3), by— (A) striking “require that safety concerns identified” and inserting “ensure that independent third parties and Government employees that identify safety concerns”; and (B) striking “Coast Guard shall be communicated as” and inserting “Coast Guard communicate such concerns as”; (2) in subsection (b)(4), by striking “Any safety concerns that have been reported to the Chief Acquisition Officer for an acquisition program or project shall be reported by the Commandant” and inserting “The Commandant shall ensure that any safety concerns that have been communicated under paragraph (3) for an acquisition program or project are reported”; (3) in subsection (b)(5)— (A) by striking the matter preceding subparagraph (A) and inserting the following: “(5) Asset already in low, initial, or full-rate production.— The Commandant shall ensure that if an independent third party or a Government employee identifies a safety concern with a capability or asset or any subsystems of a capability or asset not previously identified during operational test and evaluation of a capability or asset already in low, initial, or full-rate production—” ; (B) in subparagraph (A), by inserting “the Commandant, through the Assistant Commandant for Capability, shall” before “notify”; and (C) in subparagraph (B), by striking “notify the Chief Acquisition Officer and include in such notification” and inserting “the Deputy Commandant for Mission Support shall notify the Commandant and the Deputy Commandant for Operations of the safety concern within 50 days after the notification required under subparagraph (A), and include in such notification”; and (4) in subsection (c)— (A) in paragraph (2)(A), by striking “and that are delivered after the date of enactment of the Coast Guard Authorization Act of 2010”; and (B) in paragraph (5), by striking “and delivered after the date of enactment of the Coast Guard Authorization Act of 2010”. SEC. 3523. CONTRACT TERMINATION. (a) In General.— Chapter 17 of title 14, United States Code, is amended by inserting after section 656 the following: “§ 657. Contract termination “(a) In General.— “(1) Notification.— Before terminating a procurement or acquisition contract with a total value of more than $1,000,000, the Commandant of the Coast Guard shall notify each vendor under such contract and require the vendor to maintain all work product related to the contract until the earlier of— “(A) not less than 1 year after the date of the notification; or “(B) the date the Commandant notifies the vendor that maintenance of such work product is no longer required. “(b) Work Product Defined.— In this section the term ‘work product’— “(1) means tangible and intangible items and information produced or possessed as a result of a contract referred to in subsection (a); and “(2) includes— “(A) any completed end items; “(B) any uncompleted end items; and “(C) any property in the contractor’s possession in which the United States Government has an interest. “(c) Penalty.— A vendor that fails to maintain work product as required under subsection (a) is liable to the United States for a civil penalty of not more than $25,000 for each day on which such work product is unavailable. “(d) Report.— “(1) In general.— Except as provided in paragraph (2), not later than 45 days after the end of each fiscal year the Commandant of the Coast Guard 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 report detailing— “(A) all Coast Guard contracts with a total value of more than $1,000,000 that were terminated in the fiscal year; “(B) all vendors who were notified under subsection (a)(1) in the fiscal year, and the date of such notification; “(C) all criminal, administrative, and other investigations regarding any contract with a total value of more than $1,000,000 that were initiated by the Coast Guard in the fiscal year; “(D) all criminal, administrative, and other investigations regarding contracts with a total value of more than $1,000,000 that were completed by the Coast Guard in the fiscal year; and “(E) an estimate of costs incurred by the Coast Guard, including contract line items and termination costs, as a result of the requirements of this section. “(2) Limitation.— The Commandant is not required to provide a report under paragraph (1) for any fiscal year for which there is no responsive information as described in subparagraphs (A) through (E) of paragraph (1).” . (b) Clerical Amendment.— The analysis at the beginning of such chapter is 14 USC prec. 631. amended by inserting after the item relating to section 656 the following: “657. Contract termination.”. SEC. 3524. REIMBURSEMENT FOR TRAVEL EXPENSES.   The text of section 518 of title 14, United States Code is amended to read as follows: “In any case in which a covered beneficiary (as defined in section 1072(5) of title 10) resides on an island that is located in the 48 contiguous States and the District of Columbia and that lacks public access roads to the mainland, the Secretary shall reimburse the reasonable travel expenses of the covered beneficiary and, when accompaniment by an adult is necessary, for a parent or guardian of the covered beneficiary or another member of the covered beneficiary’s family who is at least 21 years of age, if— “(1) the covered beneficiary is referred by a primary care physician to a specialty care provider (as defined in section 1074i(b) of title 10) on the mainland who provides services less than 100 miles from the location where the beneficiary resides; or “(2) the Coast Guard medical regional manager for the area in which such island is located determines that the covered beneficiary requires services of a primary care, specialty care, or dental provider and such a provider who is part of the network of providers of a TRICARE program (as that term is defined in section 1072(7) of title 10) does not practice on such island.” . SEC. 3525. CAPITAL INVESTMENT PLAN.   Section 2902(a) of title 14, United States Code, is amended— (1) by striking “On the date” and inserting “Not later than 60 days after the date”; (2) in paragraph (1)(D), by striking “and”; and (3) by inserting after paragraph (1)(E) the following: “(F) projected commissioning and decommissioning dates for each asset; and” . SEC. 3526. MAJOR ACQUISITION PROGRAM RISK ASSESSMENT. (a) In General.— Chapter 29 of title 14, United States Code, as amended by section 3521(b)(1) of this Act, is further amended by adding at the end the following: “§ 2906. Major acquisition program risk assessment “(a) In General.— Not later than April 15 and October 15 of each year, the Commandant of the Coast Guard 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 regarding a current assessment of the risks associated with all current major acquisition programs, as that term is defined in section 2903(f). “(b) Elements.— Each assessment under this subsection shall include, for each current major acquisition program, discussion of the following: “(1) The top five current risks to such program. “(2) Any failure of such program to demonstrate a key performance parameter or threshold during operational test and evaluation conducted during the 2 fiscal-year quarters preceding such assessment. “(3) Whether there has been any decision in such 2 fiscal-year quarters to order full-rate production before all key performance parameters or thresholds are met. “(4) Whether there has been any breach of major acquisition program cost (as defined by the Major Systems Acquisition Manual) in such 2 fiscal-year quarters. “(5) Whether there has been any breach of major acquisition program schedule (as so defined) during such 2 fiscal-year quarters.” . (b) Clerical Amendment.— The analysis at the beginning of such chapter is 14 USC prec. 2901. further amended by adding at the end the following: “2906. Major acquisition program risk assessment.”. (c) Conforming Amendments.— Section 2903 of title 14, United States Code, is amended— (1) by striking subsection (f); and (2) by redesignating subsection (g) as subsection (f). SEC. 3527. MARINE SAFETY IMPLEMENTATION STATUS.   On the date on which the President submits to Congress a budget for fiscal year 2020 under section 1105 of title 31, and on such date for each of the 2 subsequent years, 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 report on the status of implementation of each action outlined in the Commandant’s final action memo dated December 19, 2017. SEC. 3528. RETIREMENT OF VICE COMMANDANT. (a) In General.— Section 46 of title 14, United States Code, is amended— (1) in the section heading, by inserting “or Vice Commandant” after “Commandant”; (2) by redesignating subsection (a) as subsection (a)(1); (3) by adding at the end of subsection (a) the following: “(2) A Vice Commandant who is not reappointed or appointed Commandant shall be retired with the grade of admiral at the expiration of the appointed term, except as provided in section 51(d).” ; (4) in subsections (b) and (c), by inserting “or Vice Commandant” after “Commandant” each place it appears; and (5) in subsection (c), by striking “his” and inserting “the officer’s”. (b) Conforming Amendment.— Section 51 of title 14, United States Code, is amended by striking “other than the Commandant,” each place it appears and inserting “other than the Commandant or Vice Commandant,”. (c) Clerical Amendment.— The analysis at the beginning of chapter 3 of title 14, United States Code, is 14 USC prec. 41. amended by striking the item relating to section 46 and inserting the following: “46. Retirement of Commandant or Vice Commandant.”. SEC. 3529. LARGE RECREATIONAL VESSEL REGULATIONS. (a) In General.— (1) Issuance.— The Secretary of the department in which the Coast Guard is operating shall issue large recreational vessel regulations applicable to any recreational vessel (as defined in section 2101 of title 46, United States Code) over 300 gross tons as measured under section 14502 of such title, or an alternate tonnage measured under section 14302 of such title as prescribed by the Secretary under section 14104 of such title, that does not carry any cargo or passengers for hire. (2) Scope and content of regulations.— The regulations issued under this subsection— (A) subject to subparagraph (B), shall be comparable to the code set forth in Merchant Shipping Notice 1851(M) (commonly referred to as the “Large Commercial Yacht Code (LY3)”), as published by the Maritime and Coastguard Agency of the United Kingdom on August 20, 2013, or an equivalent code, regulation, or standard that is acceptable to the Secretary; and (B) shall require that, as part of the review of an application for documentation of a vessel that is subject to the regulations, the owner shall disclose to the Coast Guard— (i) the identification and place of residence of such owner; and (ii) if the owner is an entity described in paragraph (2), (3), or (4) of section 12103(b) of title 46, United States Code, the beneficial owners of such entity. (3) Deadline.— The Secretary shall issue regulations required by paragraph (1) by not later than one year after the date of the enactment of this Act. (4) Interim compliance.— Until the effective date of regulations issued under paragraph (1), a recreational vessel described in paragraph (1) shall not be subject to inspection under section 3301(7) of title 46, United States Code, if the Secretary determines, as part of the review of the application for documentation submitted for the vessel by the owner of the vessel and other materials as considered necessary by the Secretary, that the vessel complies with the code set forth in Merchant Shipping Notice 1851(M) (commonly referred to as the “Large Commercial Yacht Code (LY3)”), as published by the Maritime and Coastguard Agency of the United Kingdom on August 20, 2013, or an equivalent code, regulation, or standard that is acceptable to the Secretary. (5) Definitions.— (A) Beneficial owner.— In this subsection the term “beneficial owner”— (i) means, with respect to an entity, each natural person who, directly or indirectly— (I) exercises control over the entity through ownership interests, voting rights, agreements, or otherwise; or (II) has an interest in or receives substantial economic benefits from the assets of the entity; and (ii) does not include, with respect to an entity— (I) a minor child; (II) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person; (III) a person acting solely as an employee of the entity and whose control over or economic benefits from the entity derives solely from the employment status of the person; (IV) a person whose only interest in the entity is through a right of inheritance, unless the person otherwise meets the definition of “beneficial owner” under this subparagraph; and (V) a creditor of the entity, unless the creditor otherwise meets the requirements of “beneficial owner” under this subparagraph. (B) Owner.— In this subsection, other than in subparagraph (A) of this paragraph, the term “owner” means the person who is the eligible owner of the vessel for purposes of section 12103(b) of title 46, United States Code. (b) Conforming Amendment.— Section 3302 of title 46, United States Code, is amended by adding at the end the following: “(n) (1) A seagoing motor vessel is not subject to inspection under section 3301(7) of this title if the vessel— “(A) is a recreational vessel (as defined in section 2101 of this title) over 300 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title; “(B) does not carry any cargo or passengers for hire; and “(C) is found by the Secretary to comply with large recreational vessel regulations issued by the Secretary. “(2) This subsection shall apply only on and after the effective date of regulations referred to in paragraph (1)(C).” . Subtitle C— Coast Guard and Shipping Technical Corrections CHAPTER 1— COAST GUARD SEC. 3531. COMMANDANT DEFINED. (a) In General.— Chapter 1 of title 14, United States Code, is amended by adding at the end the following: “§ 5. Commandant defined   “In this title, the term ‘Commandant’ means the Commandant of the Coast Guard.” . (b) Clerical Amendment.— The analysis for chapter 1 of title 14, United States Code, is 14 USC prec. 1. amended by adding at the end the following: “5. Commandant defined.”. (c) Conforming Amendments.— Title 14, United States Code, is amended— (1) in section 58(a) by striking “Commandant of the Coast Guard” and inserting “Commandant”; (2) in section 101 by striking “Commandant of the Coast Guard” and inserting “Commandant”; (3) in section 693 by striking “Commandant of the Coast Guard” and inserting “Commandant”; (4) in section 672a(a) by striking “Commandant of the Coast Guard” and inserting “Commandant”; (5) in section 678(a) by striking “Commandant of the Coast Guard” and inserting “Commandant”; (6) in section 561(a) by striking “Commandant of the Coast Guard” and inserting “Commandant”; (7) in section 577(a) by striking “Commandant of the Coast Guard” and inserting “Commandant”; (8) in section 581— (A) by striking paragraph (4); and (B) by redesignating paragraphs (5) through (12) as paragraphs (4) through (11), respectively; (9) in section 200(a) by striking “Commandant of the Coast Guard” and inserting “Commandant”; (10) in section 196(b)(1) by striking “Commandant of the Coast Guard” and inserting “Commandant”; (11) in section 199 by striking “Commandant of the Coast Guard” and inserting “Commandant”; (12) in section 429(a)(1) by striking “Commandant of the Coast Guard” and inserting “Commandant”; (13) in section 423(a)(2) by striking “Commandant of the Coast Guard” and inserting “Commandant”; (14) in section 2702(5) by striking “Commandant of the Coast Guard” and inserting “Commandant”; and (15) in section 2902(a) by striking “Commandant of the Coast Guard” and inserting “Commandant”. SEC. 3532. TRAINING COURSE ON WORKINGS OF CONGRESS.   Section 60(d) of title 14, United States Code, is amended to read as follows: “(d) Completion of Required Training.— A Coast Guard flag officer who is newly appointed or assigned to a billet in the National Capital Region, and a Coast Guard Senior Executive Service employee who is newly employed in the National Capital Region, shall complete a training course that meets the requirements of this section not later than 60 days after reporting for duty.” . SEC. 3533. MISCELLANEOUS. (a) Secretary; General Powers.— Section 92 of title 14, United States Code, is amended by redesignating subsections (f) through (i) as subsections (e) through (h), respectively. (b) Commandant; General Powers.— Section 93(a)(21) of title 14, United States Code, is amended by striking “section 30305(a)” and inserting “section 30305(b)(7)”. (c) Enlisted Members.— (1) Department of the army and department of the air force.— Section 144(b) of title 14, United States Code, is amended by striking “enlisted men” each place it appears and inserting “enlisted members”. (2) Navy department.— Section 145(b) of title 14, United States Code, is amended by striking “enlisted men” each place it appears and inserting “enlisted members”. (3) Purchase of commissary and quartermaster supplies.— Section 4 of the Act of May 22, 1926 (44 Stat. 626, chapter 371; 33 U.S.C. 754a), is amended by striking “enlisted men” and inserting “enlisted members”. (d) Arctic Maritime Transportation.— Section 90(f) of title 14, United States Code, is amended by striking the question mark. (e) Long-Term Lease Authority for Lighthouse Property.— Section 672a(a) of title 14, United States Code, as amended by this Act, is further amended by striking “Section 321 of chapter 314 of the Act of June 30, 1932 (40 U.S.C. 303b)” and inserting “Section 1302 of title 40”. (f) Required Contract Terms.— Section 565 of title 14, United States Code, is amended— (1) in subsection (a) by striking “awarded or issued by the Coast Guard after the date of enactment of the Coast Guard Authorization Act of 2010”; and (2) in subsection (b)(1) by striking “after the date of enactment of the Coast Guard Authorization Act of 2010”. (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”. (h) Enlistments; Term, Grade.— Section 351(a) of title 14, United States Code, is amended by inserting “the duration of their” before “minority”. (i) Members of the Auxiliary; Status.— Section 823a(b)(9) of title 14, United States Code, is amended by striking “On or after January 1, 2001, section” and inserting “Section”. (j) Use of Member’s Facilities.— Section 826(b) of title 14, United States Code, is amended by striking “section 154 of title 23, United States Code” and inserting “section 30102 of title 49”. (k) Availability of Appropriations.— Section 830(b) of title 14, United States Code, is amended by striking “1954” and inserting “1986”. SEC. 3534. DEPARTMENT OF DEFENSE CONSULTATION.   Section 566 of title 14, United States Code, is amended— (1) in subsection (b) by striking “enter into” and inserting “maintain”; and (2) by striking subsection (d). SEC. 3535. REPEAL.   Section 568 of title 14, United States Code, and the item relating to that section in the analysis for chapter 15 of that title, are 14 USC prec. 561. repealed. SEC. 3536. MISSION NEED STATEMENT.   Section 569 of title 14, United States Code, is— (1) amended in subsection (a)— (A) by striking “for fiscal year 2016” and inserting “for fiscal year 2019”; and (B) by striking “, on the date on which the President submits to Congress a budget for fiscal year 2019 under such section,”. SEC. 3537. CONTINUATION ON ACTIVE DUTY.   Section 290(a) of title 14, United States Code, is amended by striking “Officers, other than the Commandant, serving” and inserting “Officers serving”. SEC. 3538. SYSTEM ACQUISITION AUTHORIZATION. (a) Requirement for Prior Authorization of Appropriations.— Section 2701(2) of title 14, United States Code, is amended by striking “and aircraft” and inserting “aircraft, and systems”. (b) Authorization of Appropriations.— Section 2702(2) of title 14, United States Code, is amended by striking “and aircraft” and inserting “aircraft, and systems”. SEC. 3539. INVENTORY OF REAL PROPERTY.   Section 679 of title 14, United States Code, is amended— (1) in subsection (a) by striking “Not later than September 30, 2015, the Commandant shall establish” and inserting “The Commandant shall maintain”; and (2) by striking subsection (b) and inserting the following: “(b) Updates.— The Commandant shall update information on each unit of real property included in the inventory required under subsection (a) not later than 30 days after any change relating to the control of such property.” . CHAPTER 2— MARITIME TRANSPORTATION SEC. 3541. DEFINITIONS. (a) In General.— (1) Section 2101 of title 46, United States Code, is amended— (A) by inserting after paragraph (4) the following:   “( ) ‘Commandant’ means the Commandant of the Coast Guard.” ; (B) by striking the semicolon at the end of paragraph (14) and inserting a period; and (C) by redesignating the paragraphs of such section in order as paragraphs (1) through (54), respectively. (2) Section 3701 of title 46, United States Code, is amended by redesignating paragraphs (3) and (4) as paragraphs (2) and (3) respectively. (b) Conforming Amendments.— (1) Section 114(o)(3) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1383a(o)(3)) is amended— (A) by striking “section 2101(11a)” and inserting “section 2101(12)”; and (B) by striking “section 2101(11b)” and inserting “section 2101(13)”. (2) Section 3(3) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(3)), is amended by striking “section 2101(21a)” and inserting “section 2101(30)”. (3) Section 1992(d)(7) of title 18, United States Code, is amended by striking “section 2101(22)” and inserting “section 2101(31)”. (4) Section 12(c) of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1980b(c)) is amended by striking “section 2101(11a)” and inserting “section 2101(12)”. (5) Section 311(a)(26)(D) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a)(26)(D)) is amended by striking “section 2101(17a)” and inserting “section 2101(23)”. (6) Section 2113(3) of title 46, United States Code, is amended by striking “section 2101(42)(A)” and inserting “section 2101(51)(A)”. (7) Section 2116(d)(1) of title 46, United States Code, is amended by striking “Coast Guard Commandant” and inserting “Commandant”. (8) Section 3202(a)(1)(A) of title 46, United States Code, is amended by striking “section 2101(21)(A)” and inserting “section 2101(29)(A)”. (9) Section 3507 of title 46, United States Code, is amended— (A) in subsection (k)(1), by striking “section 2101(22)” and inserting “section 2101(31)”; and (B) by striking subsection (l) and inserting the following: “(l) Definition.— In this section and section 3508, the term ‘owner’ means the owner, charterer, managing operator, master, or other individual in charge of a vessel.” . (10) Section 4105 of title 46, United States Code, is amended— (A) in subsection (b)(1), by striking “section 2101(42)” and inserting “section 2101(51)”; and (B) in subsection (c), by striking “section 2101(42)(A)” and inserting “section 2101(51)(A)”. (11) Section 6101(i)(4) of title 46, United States Code, is amended by striking “of the Coast Guard”. (12) Section 7510(c)(1) of title 46, United States Code, is amended by striking “Commandant of the Coast Guard” and inserting “Commandant”. (13) Section 7706(a) of title 46, United States Code, is amended by striking “of the Coast Guard”. (14) Section 8108(a)(1) of title 46, United States Code, is amended by striking “of the Coast Guard”. (15) Section 12119(a)(3) of title 46, United States Code, is amended by striking “section 2101(20)” and inserting “section 2101(26)”. (16) Section 80302(d) of title 46, United States Code, is amended by striking “of the Coast Guard” the first place it appears. (17) Section 1101 of title 49, United States Code, is amended by striking “Section 2101(17a)” and inserting “Section 2101(23)”. SEC. 3542. AUTHORITY TO EXEMPT VESSELS. (a) In General.— Section 2113 of title 46, United States Code, is amended— (1) by adding “and” after the semicolon at the end of paragraph (3); and (2) by striking paragraphs (4) and (5) and inserting the following: “(4) maintain different structural fire protection, manning, operating, and equipment requirements for vessels that satisfied requirements set forth in the Passenger Vessel Safety Act of 1993 (Public Law 103–206) before June 21, 1994.” . (b) Conforming Amendments.— Section 3306(i) of title 46, United States Code, is amended by striking “section 2113(5)” and inserting “section 2113(4)”. SEC. 3543. PASSENGER VESSELS. (a) Passenger Vessel Security and Safety Requirements.— Section 3507 of title 46, United States Code, is amended— (1) by striking subsection (a)(3); (2) in subsection (e)(2), by striking “services confidential” and inserting “services as confidential”; and (3) in subsection (i), by striking “Within 6 months after the date of enactment of the Cruise Vessel Security and Safety Act of 2010, the Secretary shall issue” and insert “The Secretary shall maintain”. (b) Crime Scene Preservation Training for Passenger Vessel Crewmembers.— Section 3508 of title 46, United States Code, is amended— (1) in subsection (a), by striking “Within 1 year after the date of enactment of the Cruise Vessel Security and Safety Act of 2010, the” and inserting “The”, and by striking “develop” and inserting “maintain”; (2) in subsection (c), by striking “Beginning 2 years after the standards are established under subsection (b), no” and inserting “No”; (3) by striking subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively; and (4) in subsection (e), as redesignated by paragraph (3), by striking “subsection (e)” each place it appears and inserting “subsection (d)”. SEC. 3544. TANK VESSELS. (a) Tank Vessel Construction Standards.— Section 3703a of title 46, United States Code, is amended— (1) in subsection (b), by striking paragraph (3) and redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively; (2) in subsection (c)(2)— (A) by striking “that is delivered” and inserting “that was delivered”; (B) by striking “that qualifies” and inserting “that qualified”; and (C) by striking “after January 1, 2015,”; (3) in subsection (c)(3)— (A) by striking “that is delivered” and inserting “that was delivered”; and (B) by striking “that qualifies” and inserting “that qualified”; (4) by striking subsection (c)(3)(A) and inserting the following: “(A) in the case of a vessel of at least 5,000 gross tons but less than 15,000 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, if the vessel is 25 years old or older and has a single hull, or is 30 years old or older and has a double bottom or double sides;” ; (5) by striking subsection (c)(3)(B) and inserting the following: “(B) in the case of a vessel of at least 15,000 gross tons but less than 30,000 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, if the vessel is 25 years old or older and has a single hull, or is 30 years old or older and has a double bottom or double sides; and” ; (6) by striking subsection (c)(3)(C) and inserting the following: “(C) in the case of a vessel of at least 30,000 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, if the vessel is 23 years old or older and has a single hull, or is 28 years old or older and has a double bottom or double sides.” ; and (7) in subsection (e)— (A) in paragraph (1), by striking “and except as otherwise provided in paragraphs (2) and (3) of this subsection”; and (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (b) Crude Oil Tanker Minimum Standards.— Section 3705 of title 46, United States Code, is amended— (1) in subsection (b)— (A) by striking paragraph (2); (B) by striking “(1)”; and (C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (2) in subsection (c), by striking “before January 2, 1986, or the date on which the tanker reaches 15 years of age, whichever is later”. (c) Product Carrier Minimum Standards.— Section 3706(d) of title 46, United States Code, is amended by striking “before January 2, 1986, or the date on which it reaches 15 years of age, whichever is later”. (d) Definition.— Section 1001(32)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 2701(32)(A)) is amended by striking “(other than a vessel described in section 3703a(b)(3) of title 46, United States Code)”. SEC. 3545. GROUNDS FOR DENIAL OR REVOCATION. (a) Dangerous Drugs as Grounds for Denial.— Section 7503 of title 46, United States Code, is amended to read as follows: “§ 7503. Dangerous drugs as grounds for denial   “A license, certificate of registry, or merchant mariner’s document authorized to be issued under this part may be denied to an individual who— “(1) within 10 years before applying for the license, certificate, or document, has been convicted of violating a dangerous drug law of the United States or of a State; or “(2) when applying, has ever been a user of, or addicted to, a dangerous drug unless the individual provides satisfactory proof that the individual is cured.” . (b) Dangerous Drugs as Grounds for Revocation.— Section 7704 of title 46, United States Code, is amended by redesignating subsections (b) and (c) as subsections (a) and (b), respectively. SEC. 3546. MISCELLANEOUS CORRECTIONS TO TITLE 46, U.S.C. (a) Section 2110 of title 46, United States Code, is amended by striking subsection (k). (b) Section 2116(c) of title 46, United States Code, is amended by striking “Beginning with fiscal year 2011 and each fiscal year thereafter, the” and inserting “The”. (c) Section 3302(g)(2) of title 46, United States Code, is amended by striking “After December 31, 1988, this” and inserting “This”. (d) Section 6101(j) of title 46, United States Code, is amended by striking “, as soon as possible, and no later than January 1, 2005,”. (e) Section 7505 of title 46, United States Code, is amended by striking “section 206(b)(7) of the National Driver Register Act of 1982 (23 U.S.C. 401 note)” and inserting “section 30305(b)(7) of title 49”. (f) Section 7702(c)(1) of title 46, United States Code, is amended by striking “section 206(b)(4) of the National Driver Register Act of 1982 (23 U.S.C. 401 note)” and inserting “section 30305(b)(7) of title 49”. (g) Section 8106(f) of title 46, United States Code, is amended by striking paragraph (3) and inserting the following: “(3) Continuing violations.— The maximum amount of a civil penalty for a violation under this subsection shall be $100,000.” . (h) Section 8703 of title 46, United States Code, is amended by redesignating subsection (c) as subsection (b). (i) Section 11113 of title 46, United States Code, is amended— (1) in subsection (a)(4)(A) by striking “paragraph (2)” and inserting “paragraph (3)”; and (2) in subsection (c)(2)(B)— (A) by striking “section 2(9)(a)” and inserting “section 2(a)(9)(A)”; and (B) by striking “33 U.S.C. 1901(9)(a)” and inserting “33 U.S.C. 1901(a)(9)(A)”. (j) Section 12113(d)(2)(C)(iii) of title 46, United States Code, is amended by striking “118 Stat. 2887)” and inserting “118 Stat. 2887))”. (k) Section 13107(c)(2) of title 46, United States Code, is amended by striking “On and after October 1, 2016, no” and inserting “No”. (l) Section 31322(a)(4)(B) of title 46, United States Code, is amended by striking “state” and inserting “State”. (m) Section 52101(d) of title 46, United States Code, is amended by striking “(50 App. U.S.C. 459(a))” and inserting “(50 U.S.C. 3808(a))”. (n) The analysis for chapter 531 of title 46, United States Code, is 46 USC prec. 53101. amended by striking the item relating to section 53109: (o) Section 53106(a)(1) of title 46, United States Code, is amended by striking subparagraphs (A), (B), (C), and (D), and by redesignating subparagraphs (E), (F), and (G) as subparagraphs (A), (B), and (C), respectively. (p) Section 53111 of title 46, United States Code, is amended by striking paragraphs (1) through (4), and by redesignating paragraphs (5), (6), and (7) as paragraphs (1), (2), and (3), respectively. (q) Section 53501 of title 46, United States Code, is amended— (1) in paragraph (5)(A)(iii), by striking “transportation trade trade or” and inserting “transportation trade or”; (2) by redesignating paragraph (8) as paragraph (9); (3) by striking the second paragraph (7) (relating to the definition of “United States foreign trade”); and (4) by inserting after the first paragraph (7) the following: “(8) United states foreign trade.— The term ‘United States foreign trade’ includes those areas in domestic trade in which a vessel built with a construction-differential subsidy is allowed to operate under the first sentence of section 506 of the Merchant Marine Act, 1936.” . (r) Section 54101(f) of title 46, United States Code, is amended by striking paragraph (2) and inserting the following: “(2) Minimum standards for payment or reimbursement.— Each application submitted under paragraph (1) shall include a comprehensive description of— “(A) the need for the project; “(B) the methodology for implementing the project; and “(C) any existing programs or arrangements that can be used to supplement or leverage assistance under the program.” . (s) Section 55305(d)(2)(D) of title 46, United States Code, is amended by striking “421(c)(1)” and inserting “1303(a)(1))”. (t) The analysis for chapter 575 of title 46, United States Code, is 46 USC prec. 57501. amended in the item relating to section 57533 by adding a period at the end. (u) Section 57532(d) of title 46, United States Code, is amended by striking “(50 App. U.S.C. 1291(a), (c), 1293(c), 1294)” and inserting “(50 U.S.C. 4701(a), (c), 4703(c), and 4704)”. (v) Section 60303(c) of title 46, United States Code, is amended in by striking “Subsection (a) section does” and inserting “Subsection (a) does”. SEC. 3547. MISCELLANEOUS CORRECTIONS TO OIL POLLUTION ACT OF 1990. (a) Section 2 of the Oil Pollution Act of 1990 (33 U.S.C. 2701 note) is amended by— (1) inserting after the item relating to section 5007 the following: “Sec. 5008.  North Pacific Marine Research Institute.”. (2) striking the item relating to section 6003. (b) Section 1003(d)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2703(d)(5)) is amended by inserting “section” before “1002(a)”. (c) Section 1004(d)(2)(C) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(d)(2)(C)) is amended by striking “under this subparagraph (A)” and inserting “under subparagraph (A)”. (d) Section 4303 of the Oil Pollution Act of 1990 (33 U.S.C. 2716a) is amended— (1) in subsection (a), by striking “subsection (c)(2)” and inserting “subsection (b)(2)”; and (2) in subsection (b), by striking “this section 1016” and inserting “section 1016”. (e) Section 5002(l)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 2732(l)(2)) is amended by striking “General Accounting Office” and inserting “Government Accountability Office”. SEC. 3548. MISCELLANEOUS CORRECTIONS. (a) Section 1 of the Act of June 15, 1917 (chapter 30; 50 U.S.C. 191), is amended by striking “the Secretary of the Treasury” and inserting “the Secretary of the department in which the Coast Guard is operating”. (b) Section 5(b) of the Act entitled “An Act to regulate the construction of bridges over navigable waters”, approved March 23, 1906, popularly known as the Bridge Act of 1906 (chapter 1130; 33 U.S.C. 495(b)), is amended by striking “$5,000 for a violation occurring in 2004; $10,000 for a violation occurring in 2005; $15,000 for a violation occurring in 2006; $20,000 for a violation occurring in 2007; and”. (c) Section 5(f) of the Act to Prevent Pollution from Ships (33 U.S.C. 1904(f)) is amended to read as follows: “(f) Ship Clearance; Refusal or Revocation.— If a ship is under a detention order under this section, the Secretary may refuse or revoke the clearance required by section 60105 of title 46, United States Code.” .

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

    Pub. L. 115–232 § 3525(2) · 132 Stat. 1636

    Added · 14 U.S.C. § 5102(a)(1)(F)

    Pub. L. 115–232, § 3525(2), (3), added subpar. (F)

    Source evidence

    Code amendment note
    Subsec. (a)(1)(F). Pub. L. 115–232, § 3525(2), (3), added subpar. (F).

    Enacted provision · exact public law section
    (2) in paragraph (1)(D), by striking “and”; and

  13. Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 122(b) · 132 Stat. 4192

    Changed · 14 U.S.C. § 5102

    Pub. L. 115–282, § 122(b), renumbered section 2902 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–282, § 122(b), renumbered section 2902 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 51 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 2901Transmission of annual Coast Guard authorization request5101 2902Capital investment plan5102 2903Major acquisitions5103 2904Manpower requirements plan5104 679Inventory of real property5105 2905Annual performance report5106 2906Major acquisition risk assessment5107

  14. Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 317(a)(1) · 132 Stat. 4192

    Amended · 14 U.S.C. § 5102(a)

    Pub. L. 115–282, § 317(a)(1), amended subsec. (a) generally. Prior to amendment, text read as follows: “Not later than 60 days after the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 115–282, § 317(a)(1), amended subsec. (a) generally. Prior to amendment, text read as follows: “Not later than 60 days after the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—

    “(1) a capital investment plan for the Coast Guard that identifies for each capital asset for which appropriations are proposed in that budget— “(A) the proposed appropriations included in the budget; “(B) the total estimated cost of completion based on the proposed appropriations included in the budget; “(C) projected funding levels for each fiscal year for the next 5 fiscal years or until project completion, whichever is earlier; “(D) an estimated completion date based on the proposed appropriations included in the budget; “(E) an acquisition program baseline, as applicable; and “(F) projected commissioning and decommissioning dates for each asset; and “(2) a list of each unfunded priority for the Coast Guard.”

    Enacted provision · exact public law section
    (1) by striking subsection (a) and inserting the following: “(a) In General.— Not later than 60 days after the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a capital investment plan for the Coast Guard that identifies for each capital asset for which appropriations are proposed in that budget— “(1) the proposed appropriations included in the budget; “(2) the total estimated cost of completion based on the proposed appropriations included in the budget; “(3) projected funding levels for each fiscal year for the next 5 fiscal years or until project completion, whichever is earlier; “(4) an estimated completion date based on the proposed appropriations included in the budget; “(5) an acquisition program baseline, as applicable; and “(6) projected commissioning and decommissioning dates for each asset.” ; and

  15. Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 317(a)(2) · 132 Stat. 4192

    Amended · 14 U.S.C. § 5102(c)

    Pub. L. 115–282, § 317(a)(2), amended subsec. (c) generally. Prior to amendment, subsec. (c) defined the terms “unfunded priority” and “new capital asset”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 115–282, § 317(a)(2), amended subsec. (c) generally. Prior to amendment, subsec. (c) defined the terms “unfunded priority” and “new capital asset”.

    Enacted provision · exact public law section
    (2) by striking subsection (c) and inserting the following: “(c) Definitions.— In this section, the term ‘new capital asset’ means— “(1) an acquisition program that does not have an approved acquisition program baseline; or “(2) the acquisition of a capital asset in excess of the number included in the approved acquisition program baseline.” .

15 of 17 references resolved to an enrolled provision · 2 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
66314:656(note).Oct. 3, 1980, Pub. L. 96–376, § 12, 94 Stat. 1511.

The words “with the fiscal year 1982 budget request” and “subsequent” are omitted as executed.

Editorial Notes

Amendments1988–2018 · 6 rounds

2018

Pub. L. 115–282, § 122(b), renumbered section 2902 of this title as this section.

Subsec. (a). Pub. L. 115–282, § 317(a)(1), amended subsec. (a) generally. Prior to amendment, text read as follows: “Not later than 60 days after the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—

“(1) a capital investment plan for the Coast Guard that identifies for each capital asset for which appropriations are proposed in that budget—

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

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

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

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

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

“(F) projected commissioning and decommissioning dates for each asset; and

“(2) a list of each unfunded priority for the Coast Guard.”

Pub. L. 115–232, §§ 3525(1), 3531(c)(15), in introductory provisions, substituted “Not later than 60 days after the date” for “On the date” and “Commandant” for “Commandant of the Coast Guard”.

Subsec. (a)(1)(F). Pub. L. 115–232, § 3525(2), (3), added subpar. (F).

Subsec. (c). Pub. L. 115–282, § 317(a)(2), amended subsec. (c) generally. Prior to amendment, subsec. (c) defined the terms “unfunded priority” and “new capital asset”.

2016

Pub. L. 114–120, § 101(d)(2), renumbered section 663 of this title as this section.

Subsec. (a)(1)(B). Pub. L. 114–120, § 204(b)(1)(A), substituted “completion based on the proposed appropriations included in the budget;” for “completion;”.

Subsec. (a)(1)(D). Pub. L. 114–120, § 204(b)(1)(B), substituted “based on the proposed appropriations included in the budget;” for “at the projected funding levels;”.

Subsec. (b). Pub. L. 114–120, § 204(b)(2), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 114–120, § 204(b)(2), (3), redesignated subsec. (b) as (c) and amended it generally. Prior to amendment, text read as follows: “In this section, the term ‘unfunded priority’ means a program or mission requirement that—

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

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

“(3) the Commandant would have recommended for inclusion in the applicable proposed budget had additional resources been available or had the requirement emerged before the budget was submitted.”

2012

Pub. L. 112–213 amended section generally. Prior to amendment, text read as follows: “The President shall submit to Congress with each budget request for the Coast Guard the current copy of the Coast Guard’s Capital Investment Plan, Cutter Plan, Aviation Plan, Shore Facilities Plan, and Information Resources Management Plan. Not later than 30 days after the date on which the President submits to the Congress a budget under section 1105 of title 31 which includes a proposed 2-year budget for the Coast Guard, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, and to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, detailed Coast Guard budget estimates for the fiscal years covered by such proposed 2-year budget.”

2002

Pub. L. 107–295 substituted “Transportation and Infrastructure” for “Merchant Marine and Fisheries”.

1990

Pub. L. 101–595 substituted “Shore Facilities Plan, and Information Resources Management Plan.” for “and Shore Facilities Plan.”

1988

Pub. L. 100–448 inserted at end “Not later than 30 days after the date on which the President submits to the Congress a budget under section 1105 of title 31 which includes a proposed 2-year budget for the Coast Guard, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, and to the Committee on Merchant Marine and Fisheries and the Committee on Appropriations of the House of Representatives, detailed Coast Guard budget estimates for the fiscal years covered by such proposed 2-year budget.”

Statutory Notes and Related Subsidiaries

Report on Shoreside Infrastructure and Facilities Projects

Pub. L. 117–263, div. K, title CXII, § 11201, , 136 Stat. 4006, provided that:

“(a)

In General.—

Not less frequently than annually, the Commandant [of the Coast Guard] shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—

“(1)

a detailed list of Coast Guard shoreside infrastructure projects contemplated in each Coast Guard Sector area of responsibility and planned within the 7 years following the submission of the annual report for all Coast Guard facilities located within each Coast Guard Sector area of responsibility in the order of priority, including recapitalization, maintenance needs in excess of $100,000, dredging, and other shoreside infrastructure needs of the Coast Guard;

“(2)

the estimated cost of projects to fulfill each project, to the extent available; and

“(3)

a general description of the state of planning, including design and engineering, for each such project.

“(b)

Contents.—

The report submitted under subsection (a) shall include all unfunded shoreside infrastructure and facility priorities meeting the criteria under subsection (a) recommended to the Commandant for consideration for inclusion in the unfunded priority list report to Congress under section 5108 of title 14, United States Code, regardless of whether the unfunded shoreside infrastructure project is included in the final annual unfunded priority list to Congress.”

Ensuring Maritime Coverage

Pub. L. 115–282, title VIII, § 817(d), , 132 Stat. 4307, provided that: “In order to meet Coast Guard mission requirements for search and rescue, ports, waterways, and coastal security, and maritime environmental response during recapitalization of Coast Guard vessels, the Coast Guard shall ensure continuity of the coverage, to the maximum extent practicable, in the locations that may lose assets.”

Additional Submissions

Commandant of the Coast Guard shall submit to the Committee on Homeland Security of the House of Representatives each plan required under this section, see section 101(f) of Pub. L. 114–120, set out as a note under section 5110 of this title.

Capital Investment Plan

Pub. L. 111–281, title IX, § 918, , 124 Stat. 3022, which required the Commandant to submit to Congress the Coast Guard’s 5-year capital investment plan concurrent with the President’s budget submission for each fiscal year, was repealed by Pub. L. 112–213, title II, § 213(c)(3), , 126 Stat. 1553.

Deepwater Reports

Pub. L. 109–241, title IV, § 408, , 120 Stat. 537, as amended by Pub. L. 112–213, title II, § 210(c)(1), , 126 Stat. 1551, provided that:

“[(a)

Repealed. Pub. L. 112–213, title II, § 210(c)(1), , 126 Stat. 1551.]

“(b)

Deepwater Acceleration Report.—

Not later than 30 days after the date of enactment of this Act [], the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the acceleration of the current Deepwater program acquisition timeline that reflects completion of the Deepwater program in each of 10 years and 15 years and includes—

“(1)

a detailed explanation of the number and type of each asset that would be procured for each fiscal year under each accelerated acquisition timeline;

“(2)

the required funding for such completion under each accelerated acquisition timeline;

“(3)

anticipated costs associated with legacy asset sustainment for the Deepwater program under each accelerated acquisition timeline;

“(4)

anticipated mission deficiencies, if any, associated with the continued degradation of legacy assets in combination with the procurement of new assets under each accelerated acquisition timeline; and

“(5)

an evaluation of the overall feasibility of achieving each accelerated acquisition timeline, including—

“(A)

contractor capacity;

“(B)

national shipbuilding capacity;

“(C)

asset integration into Coast Guard facilities;

“(D)

required personnel; and

“(E)

training infrastructure capacity on technology associated with new assets.

“(c)

Oversight Report.—

Not later than 90 days after the date of enactment of this Act [], the Commandant of the Coast Guard, in consultation with the Government Accountability Office, 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 status of the Coast Guard’s implementation of the Government Accountability Office’s recommendations in its report, GAO–04–380, entitled ‘Coast Guard Deepwater Program Needs Increased Attention to Management and Contractor Oversight’, including the dates by which the Coast Guard plans to complete implementation of such recommendations if any of such recommendations remain open as of the date the report is transmitted to the Committees.

“(d)

Independent Analysis of Revised Deepwater Plan.—

The Secretary may periodically, either through an internal review process or a contract with an outside entity, conduct an analysis of all or part of the Deepwater program and assess whether—

“(1)

the choice of assets and capabilities selected as part of that program meets the Coast Guard’s goals for performance and minimizing total ownership costs; or

“(2)

additional or different assets should be considered as part of that program.”

Revised Deepwater Implementation Plan

Pub. L. 111–83, title II, , 123 Stat. 2153, provided in part: “That the Secretary [of Homeland Security] shall submit to the Committees on Appropriations of the Senate and the House of Representatives, in conjunction with the fiscal year 2011 budget request, a comprehensive review of the Revised Deepwater Implementation Plan, and every 5 years thereafter, that includes a complete projection of the acquisition costs and schedule for the duration of the plan”.

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 110–329, div. D, title II, , 122 Stat. 3665.

Pub. L. 110–161, div. E, title II, , 121 Stat. 2056.

Pub. L. 109–295, title II, , 120 Stat. 1365.

Pub. L. 109–90, title II, , 119 Stat. 2072.

Future-Years Capital Investment Plan

Pub. L. 113–6, div. D, title II, , 127 Stat. 351, provided in part:

“That the Commandant of the Coast Guard shall submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time that the President’s budget is submitted each year under section 1105(a) of title 31, United States Code, a future-years capital investment plan for the Coast Guard that identifies for each requested capital asset—

“(1)

the proposed appropriations included in that budget;

“(2)

the total estimated cost of completion, including and clearly delineating the costs of associated major acquisition systems infrastructure and transition to operations;

“(3)

projected funding levels for each fiscal year for the next 5 fiscal years or until acquisition program baseline or project completion, whichever is earlier;

“(4)

an estimated completion date at the projected funding levels; and

“(5)

a current acquisition program baseline for each capital asset, as applicable, that—

“(A)

includes the total acquisition cost of each asset, subdivided by fiscal year and including a detailed description of the purpose of the proposed funding levels for each fiscal year, including for each fiscal year funds requested for design, pre-acquisition activities, production, structural modifications, missionization, post-delivery, and transition to operations costs;

“(B)

includes a detailed project schedule through completion, subdivided by fiscal year, that details—

“(i)

quantities planned for each fiscal year; and

“(ii)

major acquisition and project events, including development of operational requirements, contracting actions, design reviews, production, delivery, test and evaluation, and transition to operations, including necessary training, shore infrastructure, and logistics;

“(C)

notes and explains any deviations in cost, performance parameters, schedule, or estimated date of completion from the original acquisition program baseline and the most recent baseline approved by the Department of Homeland Security’s Acquisition Review Board, if applicable;

“(D)

aligns the acquisition of each asset to mission requirements by defining existing capabilities of comparable legacy assets, identifying known capability gaps between such existing capabilities and stated mission requirements, and explaining how the acquisition of each asset will address such known capability gaps;

“(E)

defines life-cycle costs for each asset and the date of the estimate on which such costs are based, including all associated costs of major acquisitions systems infrastructure and transition to operations, delineated by purpose and fiscal year for the projected service life of the asset;

“(F)

includes the earned value management system summary schedule performance index and cost performance index for each asset, if applicable; and

“(G)

includes a phase-out and decommissioning schedule delineated by fiscal year for each existing legacy asset that each asset is intended to replace or recapitalize:

Provided further

, That the Commandant of the Coast Guard shall ensure that amounts specified in the future-years capital investment plan are consistent, to the maximum extent practicable, with proposed appropriations necessary to support the programs, projects, and activities of the Coast Guard in the President’s budget as submitted under

section 1105(a) of title 31

, United States Code, for that fiscal year:

Provided further

, That any inconsistencies between the capital investment plan and proposed appropriations shall be identified and justified”.

Similar provisions were contained in the following appropriation acts:

Pub. L. 114–113, div. F, title II, , 129 Stat. 2501.

Pub. L. 114–4, title II, , 129 Stat. 48.

Pub. L. 113–76, div. F, title II, , 128 Stat. 256.

Pub. L. 112–74, div. D, title II, , 125 Stat. 954.

Pub. L. 111–83, title II, , 123 Stat. 2153.

Pub. L. 110–329, div. D, title II, , 122 Stat. 3665.

Pub. L. 110–161, div. E, title II, , 121 Stat. 2056.

Pub. L. 109–295, title II, , 120 Stat. 1365.

Pub. L. 109–90, title II, , 119 Stat. 2072.

Pub. L. 108–334, title II, , 118 Stat. 1306.

Unfunded Priorities

Pub. L. 108–334, title V, § 514, , 118 Stat. 1317, provided that: “The Commandant of the Coast Guard shall provide to the Congress each year, at the time that the President’s budget is submitted under section 1105(a) of title 31, United States Code, a list of approved but unfunded Coast Guard priorities and the funds needed for each such priority in the same manner and with the same contents as the unfunded priorities lists submitted by the chiefs of other Armed Services.”

Status Reports on Polar Icebreaking Vessels

Pub. L. 99–640, § 15, , 100 Stat. 3552, provided that: “The Secretary of the department in which the Coast Guard is operating shall provide detailed reports to Congress concerning the status of design and construction plans for the procurement of at least two new polar icebreaking vessels. Such reports shall be included in the Cutter Plan required annually by section 663 [now 5102] of title 14, United States Code, and shall be submitted each year until at least two new polar icebreaking vessels have been delivered to the Coast Guard.”

Credits

1982–2018 · 8 acts
  1. 1982Added Pub. L. 97–295, § 2(20)(A), , 96 Stat. 1303, § 663
  2. 1988amended Pub. L. 100–448, § 25, , 102 Stat. 1847
  3. 1990Pub. L. 101–595, title III, § 311(c), , 104 Stat. 2987
  4. 2002Pub. L. 107–295, title IV, § 408(a)(2), , 116 Stat. 2117
  5. 2012Pub. L. 112–213, title II, § 213(a), , 126 Stat. 1552
  6. 2016renumbered § 2902 and amended Pub. L. 114–120, title I, § 101(d)(2), title II, § 204(b), , 130 Stat. 31, 34
  7. 2018Pub. L. 115–232, div. C, title XXXV, §§ 3525, 3531(c)(15), , 132 Stat. 2316, 2320
  8. 2018renumbered § 5102 and amended Pub. L. 115–282, title I, § 122(b), title III, § 317(a), , 132 Stat. 4239, 4250.
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(Added Pub. L. 97–295, § 2(20)(A), , 96 Stat. 1303, § 663; amended Pub. L. 100–448, § 25, , 102 Stat. 1847; Pub. L. 101–595, title III, § 311(c), , 104 Stat. 2987; Pub. L. 107–295, title IV, § 408(a)(2), , 116 Stat. 2117; Pub. L. 112–213, title II, § 213(a), , 126 Stat. 1552; renumbered § 2902 and amended Pub. L. 114–120, title I, § 101(d)(2), title II, § 204(b), , 130 Stat. 31, 34; Pub. L. 115–232, div. C, title XXXV, §§ 3525, 3531(c)(15), , 132 Stat. 2316, 2320; renumbered § 5102 and amended Pub. L. 115–282, title I, § 122(b), title III, § 317(a), , 132 Stat. 4239, 4250.)

Parsed from the official OLRC USLM XML in data/usc_all/usc14.xml · release point 119-108 · OLRC build 2026-03-26

USLM identifier /us/usc/t14/s5102