[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5978 Referred in Senate (RFS)]
<DOC>
114th CONGRESS
2d Session
H. R. 5978
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 27, 2016
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
AN ACT
To amend title 14, United States Code, to clarify the functions of the
Chief Acquisition Officer of the Coast Guard, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Coast Guard and
Maritime Transportation Amendments Act of 2016''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--COAST GUARD, NAVIGATION, AND SHIPPING
Sec. 101. Coast Guard major acquisition programs.
Sec. 102. Prospective payment of funds necessary to provide medical
care for the Coast Guard.
Sec. 103. Oil spill disbursements auditing and report.
Sec. 104. Deadline for compliance with alternate safety compliance
program.
Sec. 105. Coast Guard pier in Wilmington, North Carolina.
Sec. 106. Backup global positioning system.
Sec. 107. Arctic alternative planning criteria.
TITLE II--OTHER MATTERS
Sec. 201. Vessel ``Apollonia''.
Sec. 202. Reimbursement for non-Federal construction costs of certain
aids to navigation.
Sec. 203. Corrections to provisions enacted by Coast Guard
Authorization Acts.
TITLE I--COAST GUARD, NAVIGATION, AND SHIPPING
SEC. 101. COAST GUARD MAJOR ACQUISITION PROGRAMS.
(a) Functions of Chief Acquisition Officer.--Section 56(c) of title
14, United States Code, is amended by striking ``and'' after the
semicolon at the end of paragraph (8), striking the period at the end
of paragraph (9) and inserting ``; and'', and adding at the end the
following:
``(10)(A) keeping the Commandant informed of the progress
of major acquisition programs (as that term is defined in
section 581);
``(B) informing the Commandant on a continuing basis of any
developments on such programs that may require new or revisited
trade-offs among cost, schedule, technical feasibility, and
performance, including--
``(i) significant cost growth or schedule slippage;
and
``(ii) requirements creep (as that term is defined
in section 2547(c)(1) of title 10); and
``(C) ensuring that the views of the Commandant regarding
such programs on cost, schedule, technical feasibility, and
performance trade-offs are strongly considered by program
managers and program executive officers in all phases of the
acquisition process.''.
(b) Customer Service Mission of Directorate.--
(1) In general.--Chapter 15 of title 14, United States
Code, is amended--
(A) in section 561(b)--
(i) in paragraph (1), by striking ``; and''
and inserting a semicolon;
(ii) in paragraph (2), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(3) to meet the needs of customers of major acquisition
programs in the most cost-effective manner practicable.'';
(B) in section 562, by repealing subsection (b) and
redesignating subsections (c) through (g) as
subsections (b) through (e), respectively;
(C) in section 563, by striking ``Not later than
180 days after the date of enactment of the Coast Guard
Authorization Act of 2010, the Commandant shall
commence implementation of'' and inserting ``The
Commandant shall maintain'';
(D) by adding at the end of section 564 the
following:
``(c) Acquisition of Unmanned Aerial Systems.--
``(1) In general.--During any fiscal year for which funds
are appropriated for the design or construction of the Offshore
Patrol Cutter, the Commandant--
``(A) may not award a contract for design of an
unmanned aerial system for use by the Coast Guard; and
``(B) may acquire an unmanned aerial system only--
``(i) if such a system has been acquired
by, or has been used by, the Department of
Defense or the department in which the Coast
Guard is operating, or a component thereof,
before the date on which the Commandant
acquires the system; and
``(ii) through an agreement with such a
department or component, unless the unmanned
aerial system can be obtained at less cost
through independent contract action.
``(2) Limitations on application.--
``(A) Small unmanned aerial systems.--The
limitations in paragraph (1)(B) do not apply to any
small unmanned aerial system that consists of--
``(i) an unmanned aircraft weighing less
than 55 pounds on takeoff, including all
components and equipment on board or otherwise
attached to the aircraft; and
``(ii) associated elements (including
communication links and the components that
control such aircraft) that are required for
the safe and efficient operation of such
aircraft.
``(B) Previously funded systems.--The limitations
in paragraph (1) do not apply to the design or
acquisition of an unmanned aerial system for which
funds for research, development, test, and evaluation
have been received from the Department of Defense or
the department in which the Coast Guard is
operating.'';
(E) in subchapter II, by adding at the end the
following:
``Sec. 578. Role of Vice Commandant in major acquisition programs
``The Vice Commandant--
``(1) shall represent the customer of a major acquisition
program with regard to trade-offs made among cost, schedule,
technical feasibility, and performance with respect to such
program; and
``(2) shall advise the Commandant in decisions regarding
the balancing of resources against priorities, and associated
trade-offs referred to in paragraph (1), on behalf of the
customer of a major acquisition program.
``Sec. 579. Extension of major acquisition program contracts
``(a) In General.--Notwithstanding section 564(a)(2) of this title
and section 2304 of title 10, and subject to subsections (b) and (c) of
this section, the Secretary may acquire additional units procured under
a Coast Guard major acquisition program contract, by extension of such
contract without competition, if the Director of the Cost Analysis
Division of the Department of Homeland Security determines that the
costs that would be saved through award of a new contract in accordance
with such sections would not exceed the costs of such an award.
``(b) Limitation on Number of Additional Units.--The number of
additional units acquired under a contract extension under this section
may not exceed the number of additional units for which such
determination is made.
``(c) Determination of Costs Upon Request.--The Director of the
Cost Analysis Division of the Department of Homeland Security shall, at
the request of the Secretary, determine for purposes of this section--
``(1) the costs that would be saved through award of a new
major acquisition program contract in accordance with section
564(a)(2) for the acquisition of a number of additional units
specified by the Secretary; and
``(2) the costs of such award, including the costs that
would be incurred due to acquisition schedule delays and asset
design changes associated with such award.
``(d) Number of Extensions.--A contract may be extended under this
section more than once.''; and
(F) in section 581--
(i) by redesignating paragraphs (7) through
(10) as paragraphs (9) through (12),
respectively, and by redesignating paragraphs
(3) through (6) as paragraphs (4) through (7),
respectively;
(ii) by inserting after paragraph (2) the
following:
``(3) Customer of a major acquisition program.--The term
`customer of a major acquisition program' means the operating
field unit of the Coast Guard that will field the system or
systems acquired under a major acquisition program.''; and
(iii) by inserting after paragraph (7), as
so redesignated, the following:
``(8) Major acquisition program.--The term `major
acquisition program' means an ongoing acquisition undertaken by
the Coast Guard with a life-cycle cost estimate greater than or
equal to $300,000,000.''.
(2) Clerical amendment.--The analysis at the beginning of
such chapter is amended by adding at the end of the items
relating to subchapter II the following:
``578. Role of Vice Commandant in major acquisition programs.
``579. Extension of major acquisition program contracts.''.
(c) Review Required.--
(1) Requirement.--The Commandant of the Coast Guard shall
conduct a review of--
(A) the authorities provided to the Commandant in
chapter 15 of title 14, United States Code, and other
relevant statutes and regulations related to Coast
Guard acquisitions, including developing
recommendations to ensure that the Commandant plays an
appropriate role in the development of requirements,
acquisition processes, and the associated budget
practices;
(B) implementation of the strategy prepared in
accordance with section 562(b)(2) of title 14, United
States Code, as in effect before the enactment of this
Act; and
(C) acquisition policies, directives, and
regulations of the Coast Guard to ensure such policies,
directives, and regulations establish a customer-
oriented acquisition system.
(2) Report.--Not later than March 1, 2017, the Commandant
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report containing, at a minimum, the following:
(A) The recommendations developed by the Commandant
under paragraph (1) and other results of the review
conducted under such paragraph.
(B) The actions the Commandant is taking, if any,
within the Commandant's existing authority to implement
such recommendations.
(3) Modification of policies, directives, and
regulations.--Not later than 1 year after the date of the
enactment of this Act, the Commandant of the Coast Guard shall
modify the acquisition policies, directives, and regulations of
the Coast Guard as necessary to ensure the development and
implementation of a customer-oriented acquisition system,
pursuant to the review under paragraph (1)(C).
(d) Analysis of Using Multiyear Contracting.--
(1) In general.--No later than 1 year after the date of the
enactment of this Act, the Secretary of the department in which
the Coast Guard is operating shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an analysis of the use of
multiyear contracting, including procurement authority provided
under section 2306b of title 10, United States Code, authority
similar to that granted to the Navy under section 121(b) of the
National Defense Authorization Act for Fiscal Year 1998 (Public
Law 105-85; 111 Stat. 1648) and section 150 of the Continuing
Appropriations Act, 2011 (Public Law 111-242; 124 Stat. 3519),
and block buy authority to acquire Fast Response Cutters,
Offshore Patrol Cutters, heavy polar icebreakers, and medium
polar icebreakers.
(2) Vessels to be analyzed.--Under paragraph (1) the
Secretary shall analyze--
(A) the acquisition of at least five Fast Response
Cutters, beginning with Hull 43;
(B) the acquisition of at least five Offshore
Patrol Cutters, beginning with Hull 5;
(C) the acquisition of at least three heavy polar
icebreakers; and
(D) the acquisition of at least three medium polar
icebreakers.
(3) Contents.--The analysis under paragraph (1) shall
include the costs and benefits of using multiyear contracting,
the impact of multiyear contracting on delivery timelines, and
whether the acquisitions examined would meet the tests for the
use of multiyear procurement authorities.
SEC. 102. PROSPECTIVE PAYMENT OF FUNDS NECESSARY TO PROVIDE MEDICAL
CARE FOR THE COAST GUARD.
(a) In General.--Chapter 13 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 520. Prospective payment of funds necessary to provide medical
care
``(a) Prospective Payment Required.--In lieu of the reimbursement
required under section 1085 of title 10, for periods when the Coast
Guard is not operating as a service in the Navy the Secretary of the
department in which the Coast Guard is operating shall make a
prospective payment to the Secretary of Defense of an amount that
represents the actuarial valuation of treatment or care--
``(1) that the Department of Defense provides to members of
the Coast Guard, former members of the Coast Guard, and
dependents of such members and former members (other than
former members and dependents of former members who are a
Medicare-eligible beneficiary or for whom the payment for
treatment or care is made from the Medicare-Eligible Retiree
Health Care Fund) at facilities under the jurisdiction of the
Department of Defense or a military department; and
``(2) for which a reimbursement would otherwise be made
under such section 1085.
``(b) Amount.--The amount of the prospective payment under
subsection (a) shall be--
``(1) in the case of treatment or care to be provided to
members of the Coast Guard and their dependents, derived from
amounts appropriated for the operating expenses of the Coast
Guard;
``(2) in the case of treatment or care to be provided
former members of the Coast Guard and their dependents, derived
from amounts appropriated for retired pay;
``(3) determined under procedures established by the
Secretary of Defense;
``(4) paid during the fiscal year in which treatment or
care is provided; and
``(5) subject to adjustment or reconciliation as the
Secretary of the department in which the Coast Guard is
operating when it is not operating as a service in the Navy and
the Secretary of Defense determine appropriate during or
promptly after such fiscal year in cases in which the
prospective payment is determined excessive or insufficient
based on the services actually provided.
``(c) No Prospective Payment When Service in Navy.--No prospective
payment shall be made under this section for any period during which
the Coast Guard operates as a service in the Navy.
``(d) Relationship to TRICARE.--This section shall not be construed
to require a payment for, or the prospective payment of an amount that
represents the value of, treatment or care provided under any TRICARE
program.''.
(b) Clerical Amendment.--The analysis for chapter 13 of title 14,
United States Code, is amended by adding at the end the following:
``520. Prospective payment of funds necessary to provide medical
care.''.
(c) Repeal.--Section 217 of the Coast Guard Authorization Act of
2015 (Public Law 114-120), and the item relating to that section in the
table of contents in section 2 of such Act, are repealed.
SEC. 103. OIL SPILL DISBURSEMENTS AUDITING AND REPORT.
Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712) is
amended--
(1) by repealing subsection (g);
(2) in subsection (l)(1), by striking ``Within one year
after the date of enactment of the Coast Guard Authorization
Act of 2010, and annually thereafter,'' and inserting ``Each
year, on the date on which the President submits to Congress a
budget under section 1105 of title 31, United States Code,'';
and
(3) by amending subsection (l)(2) to read as follows:
``(2) Contents.--The report shall include--
``(A) a list of each disbursement of $500,000 or
more from the Fund in the preceding fiscal year,
including disbursements to Federal agencies;
``(B) a list of each disbursement of $500,000 or
more from the Fund in the fiscal year preceding the
preceding fiscal year that has not been reimbursed by a
responsible party; and
``(C) a description of how each use of the Fund
described in subparagraph (A) or (B) meets the
requirements of subsection (a).''.
SEC. 104. DEADLINE FOR COMPLIANCE WITH ALTERNATE SAFETY COMPLIANCE
PROGRAM.
Section 4503(d)(1) of title 46, United States Code, is amended by
striking ``After January 1, 2020,'' and all that follows through ``the
Secretary,'' and inserting ``For each of fishing vessels, fish
processing vessels, and fish tender vessels, after the later of January
1, 2020, or the end of the 3-year period beginning on the date on which
the Secretary prescribes an alternate safety compliance program
developed in cooperation with the commercial fishing industry for such
a vessel, such a vessel shall comply with the applicable alternate
safety compliance program''.
SEC. 105. COAST GUARD PIER IN WILMINGTON, NORTH CAROLINA.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating 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 by not later than
90 days after the date of the enactment of this Act a report on--
(1) short-term plans for berthing the USCGC Diligence in
Wilmington, North Carolina, while the Coast Guard pier in
Wilmington is being repaired; and
(2) long-term plans for repairing and maintaining such pier
so that it can be used to berth such vessel and any future
Coast Guard cutter stationed in Wilmington.
(b) Cost Estimates.--The report shall include cost estimates and
timeframes for such short- and long-term plans.
SEC. 106. BACKUP GLOBAL POSITIONING SYSTEM.
(a) Short Title.--This section may be cited as the ``National
Positioning, Navigation, and Timing Resilience and Security Act of
2016''.
(b) In General.--Subtitle VIII of title 46, United States Code, is
amended by adding at the end the following:
``CHAPTER 807--POSITION, NAVIGATION, AND TIMING
``Sec.
``80701. Land-based complementary and backup system.
``Sec. 80701. Land-based complementary and backup system
``(a) In General.--Subject to the availability of appropriations,
the Commandant of the Coast Guard, in consultation with the Secretary
of Transportation, shall provide for the establishment, sustainment,
and operation of a reliable land-based enhanced LORAN, or eLORAN,
positioning, navigation, and timing system to provide a complement to
and backup for the Global Positioning System (in this section referred
to as `GPS') to ensure the availability of uncorrupted and nondegraded
positioning, navigation, and timing signals for military and civilian
users in the event that GPS signals are corrupted, degraded,
unreliable, or otherwise unavailable.
``(b) Requirements.--The system established under subsection (a)
shall--
``(1) be wireless;
``(2) be terrestrial;
``(3) provide wide-area coverage;
``(4) deliver a precise, high-power 100 kilohertz signal;
``(5) be synchronized with coordinated universal time;
``(6) be resilient and extremely difficult to disrupt or
degrade;
``(7) be able to penetrate underground and inside
buildings;
``(8) be capable of ready deployment to remote locations;
``(9) take full advantage of the infrastructure of the
existing, unused Government long-range navigation system
(commonly known as `LORAN');
``(10) incorporate the expertise of the private sector with
respect to development, building, and operation;
``(11) work in concert with and complement any other
similar positioning, navigation, and timing systems;
``(12) be available for use by Federal and non-Federal
government agencies for public purposes at no cost; and
``(13) incorporate such other requirements determined
necessary by the Commandant.
``(c) Request for Proposals.--
``(1) In general.--Not later than 3 months after the date
of enactment of this section, the Commandant, in consultation
with the Secretary of Transportation, shall publish a request
for proposals to solicit options for--
``(A) eLORAN system architecture; and
``(B) business models for the design, installation,
operation, and maintenance of an eLORAN system in
accordance with this section for a period of no less
than 20 years.
``(2) Contracting options.--The request for proposals shall
request options that--
``(A) incorporate the expertise of the private
sector; and
``(B) allow for the expeditious installation, daily
operation, and routine maintenance of an eLORAN system
architecture.
``(d) Implementation Date.--Not later than 180 days after the date
of enactment of this section, the Commandant of the Coast Guard, in
consultation with the Secretary of Transportation, 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 plan to ensure that the system required
under this section is fully operational not later than 3 years after
such date of enactment.''.
(c) Clerical Amendment.--The analysis for subtitle VIII of title
46, United States Code, is amended by adding after the item relating to
chapter 805 the following:
``807. Position, Navigation, and Timing..................... 80701''.
SEC. 107. ARCTIC ALTERNATIVE PLANNING CRITERIA.
(a) General.--The Commandant of the Coast Guard may approve
alternative planning criteria for an area of lesser geographic extent
than the area covered by the Captain of the Port Zone that includes the
Arctic for purposes of complying with sections 155.1035(i) and
155.5035(i) of title 33, Code of Federal Regulations, only if the
Commandant--
(1) publishes the proposed alternative planning criteria in
the Federal Register for notice and comment in accordance with
section 553 of title 5, United States Code;
(2) completes a study of the economic impacts on the Arctic
of such criteria; and
(3) submits a report on such study to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(b) Definition.--For the purposes of this section ``Arctic'' has
the meaning that term has under section 112 of the Arctic Research and
Policy Act of 1984 (15 U.S.C. 4111).
TITLE II--OTHER MATTERS
SEC. 201. VESSEL ``APOLLONIA''.
Notwithstanding any other provision of law, the Secretary of the
department in which the Coast Guard is operating shall issue a
certificate of documentation with a coastwise endorsement for the
vessel Apollonia (United States official number 1266527).
SEC. 202. REIMBURSEMENT FOR NON-FEDERAL CONSTRUCTION COSTS OF CERTAIN
AIDS TO NAVIGATION.
(a) In General.--Subject to the availability of amounts
specifically provided in advance in subsequent appropriations Acts and
in accordance with this section, the Commandant of the Coast Guard may
reimburse a non-Federal entity for costs incurred by the entity for a
covered project.
(b) Conditions.--The Commandant may not provide reimbursement under
subsection (a) with respect to a covered project unless--
(1) the need for the project is a result of the completion
of construction with respect to a federally authorized
navigation channel;
(2) the Commandant determines, through an appropriate
navigation safety analysis, that the project is necessary to
ensure safe marine transportation;
(3) the Commandant approves the design of the project to
ensure that it meets all applicable Coast Guard aid to
navigation standards and requirements;
(4) the non-Federal entity agrees to transfer the project
upon completion to the Coast Guard to be operated and
maintained by the Coast Guard as a Federal aid to navigation;
(5) the non-Federal entity carries out the project in
accordance with the same laws and regulations that would apply
to the Coast Guard if the Coast Guard carried out the project,
including obtaining all permits required for the project under
Federal and State law; and
(6) the Commandant determines that the project satisfies
such additional requirements as may be established by the
Commandant.
(c) Limitations.--Reimbursements under subsection (a) may not
exceed the following:
(1) For a single covered project, $5,000,000.
(2) For all covered projects in a single fiscal year,
$5,000,000.
(d) Expiration.--The authority granted under this section shall
expire on the date that is 4 years after the date of enactment of this
section.
(e) Covered Project Defined.--In this section, the term ``covered
project'' means a project carried out by a non-Federal entity to
construct and establish an aid to navigation that facilitates safe and
efficient marine transportation on a federally authorized navigation
channel.
SEC. 203. CORRECTIONS TO PROVISIONS ENACTED BY COAST GUARD
AUTHORIZATION ACTS.
(a) Short Title Correction.--The Coast Guard Authorization Act of
2015 (Public Law 114-120) is amended by striking ``Coast Guard
Authorization Act of 2015'' each place it appears (including in quoted
material) and inserting ``Coast Guard Authorization Act of 2016''.
(b) Title 46, United States Code.--
(1) Section 7510 of title 46, United States Code, is
amended--
(A) in subsection (c)(1)(D), by striking ``engine''
and inserting ``engineer''; and
(B) in subsection (c)(9), by inserting a period
after ``App''.
(2) Section 4503(f)(2) of title 46, United States Code, is
amended by striking ``, that'' and inserting ``, then''.
(c) Provisions Relating to the Pribilof Islands.--
(1) Short title correction.--Section 521 of the Coast Guard
Authorization Act of 2016 (Public Law 114-120), as amended by
subsection (a), is further amended by striking ``2015'' and
inserting ``2016''.
(2) Conforming amendment.--Section 105(e)(1) of the
Pribilof Islands Transition Act (16 U.S.C. 1161 note; Public
Law 106-562) is amended by striking ``2015'' and inserting
``2016''.
(3) Technical correction.--Section 522(b)(2) of the Coast
Guard Authorization Act of 2016 (Public Law 114-120), as
amended by subsection (a), is further amended by striking
``subsection (a)'' and inserting ``paragraph (1)''.
(d) Title 14, United States Code.--
(1) Redistribution of authorizations of appropriations.--
Section 2702 of title 14, United States Code, is amended--
(A) in paragraph (1)(B), by striking
``$6,981,036,000'' and inserting ``$6,986,815,000'';
and
(B) in paragraph (3)(B), by striking
``$140,016,000'' and inserting ``$134,237,000''.
(2) Clerical amendment.--The analysis at the beginning of
part III of title 14, United States Code, is amended by
striking the period at the end of the item relating to chapter
29.
(e) National Academy of Sciences Cost Assessment.--Section 604(a)
of the Coast Guard Authorization Act of 2015 (Public Law 114-120) is
amended in the first sentence by striking ``365 days after the date of
the enactment of this Act,'' and inserting ``July 15, 2017,''.
(f) Continuation on Active Duty: Board.--Section 290(a) of title
14, United States Code, is amended by striking ``five officers serving
in the grade of vice admiral'' and inserting ``five officers (other
than the Commandant) serving in the grade of admiral or vice admiral''.
(g) Certificate of Documentation.--Section 604(b) of the Howard
Coble Coast Guard and Maritime Authorization Act of 2014 (Public Law
113-281) is amended by inserting ``and fisheries endorsement'' after
``endorsement''.
(h) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of Public Law 114-120.
Passed the House of Representatives September 26, 2016.
Attest:
KAREN L. HAAS,
Clerk.