[Senate Hearing 118-598]
[From the U.S. Government Publishing Office]
S. Hrg. 118-598
BUDGET OVERSIGHT
OF THE UNITED STATES COAST GUARD
=======================================================================
HEARING
BEFORE THE
SUBCOMMITTEE ON OCEANS, FISHERIES, CLIMATE
CHANGE, AND MANUFACTURING
OF THE
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED EIGHTEENTH CONGRESS
FIRST SESSION
__________
JULY 13, 2023
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available online: http://www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
59-702 PDF WASHINGTON : 2025
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED EIGHTEENTH CONGRESS
FIRST SESSION
MARIA CANTWELL, Washington, Chair
AMY KLOBUCHAR, Minnesota TED CRUZ, Texas, Ranking
BRIAN SCHATZ, Hawaii JOHN THUNE, South Dakota
EDWARD MARKEY, Massachusetts ROGER WICKER, Mississippi
GARY PETERS, Michigan DEB FISCHER, Nebraska
TAMMY BALDWIN, Wisconsin JERRY MORAN, Kansas
TAMMY DUCKWORTH, Illinois DAN SULLIVAN, Alaska
JON TESTER, Montana MARSHA BLACKBURN, Tennessee
KYRSTEN SINEMA, Arizona TODD YOUNG, Indiana
JACKY ROSEN, Nevada TED BUDD, North Carolina
BEN RAY LUJAN, New Mexico ERIC SCHMITT, Missouri
JOHN HICKENLOOPER, Colorado J. D. VANCE, Ohio
RAPHAEL WARNOCK, Georgia SHELLEY MOORE CAPITO, West
PETER WELCH, Vermont Virginia
CYNTHIA LUMMIS, Wyoming
Lila Harper Helms, Staff Director
Melissa Porter, Deputy Staff Director
Jonathan Hale, General Counsel
Brad Grantz, Republican Staff Director
Nicole Christus, Republican Deputy Staff Director
Liam McKenna, General Counsel
------
SUBCOMMITTEE ON OCEANS, FISHERIES, CLIMATE CHANGE,
AND MANUFACTURING
TAMMY BALDWIN, Wisconsin, Chair DAN SULLIVAN, Alaska, Ranking
BRIAN SCHATZ, Hawaii ROGER WICKER, Mississippi
EDWARD MARKEY, Massachusetts JERRY MORAN, Kansas
BEN RAY LUJAN, New Mexico MARSHA BLACKBURN, Tennessee
RAPHAEL WARNOCK, Georgia J. D. VANCE, Ohio
PETER WELCH, Vermont
C O N T E N T S
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Page
Hearing held on July 13, 2023.................................... 1
Statement of Senator Baldwin..................................... 1
Statement of Senator Sullivan.................................... 2
Prepared statement from Admiral Linda L. Fagan............... 17
Statement of Senator Cruz........................................ 5
Statement of Senator Warnock..................................... 25
Statement of Senator Cantwell.................................... 30
Witnesses
Admiral Linda L. Fagan, Commandant, U.S. Coast Guard............. 7
Prepared statement........................................... 8
Master Chief Heath B. Jones, Master Chief Petty Officer, U.S.
Coast Guard.................................................... 11
Prepared statement........................................... 13
Appendix
Response to written questions submitted to Admiral Linda L. Fagan
by:
Hon. Maria Cantwell.......................................... 35
Hon. Tammy Duckworth......................................... 61
Hon. Peter Welch............................................. 63
Hon. Ted Cruz................................................ 65
Hon. Roger Wicker............................................ 69
Hon. Dan Sullivan............................................ 70
BUDGET OVERSIGHT
OF THE UNITED STATES COAST GUARD
----------
THURSDAY, JULY 13, 2023
U.S. Senate,
Subcommittee on Oceans, Fisheries, Climate Change,
and Manufacturing,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Subcommittee met, pursuant to notice, at 10 a.m. in
room SR-253, Russell Senate Office Building, Hon. Tammy
Baldwin, Chairwoman of the Subcommittee, presiding.
Present: Senators Baldwin [presiding], Cantwell, Warnock,
Sullivan, and Cruz.
OPENING STATEMENT OF HON. TAMMY BALDWIN,
U.S. SENATOR FROM WISCONSIN
Senator Baldwin. The Committee will come to order.
Good morning and thank you for attending today's hearing on
the Coast Guard. I look forward to our discussion on Budget
Oversight of the United States Coast Guard.
The need for this panel to hear from Coast Guard leadership
could not be more urgent. Every individual who raises their
right hand to serve our country must be assured that they're
joining a service that is worthy of their bravery and
dedication and is led by senior officers who exemplify the
highest ethical standards. As we recently learned, the Coast
Guard failed in providing this assurance.
A years' long investigation into allegations of sexual
assault and sexual violence at the United States Coast Guard
Academy uncovered a painful history, but failed to result in
any accountability and was not disclosed to this committee for
the better part of a decade. This is disturbing and
unacceptable.
The Coast Guard not only failed to properly investigate,
prosecute, and report criminal acts of assault and rape when
they initially occurred at the Academy but failed again to
prosecute or discipline the perpetrators during the subsequent
investigation referred to as Operation Fouled Anchor.
To say that I am disappointed in the conduct of these
senior leaders is an understatement. Coming forward to report
sexual harassment or assault takes courage and bravery, but
when those allegations are swept under the rug, it's insulting,
retraumatizing, and a further disservice to the victims, and
the survivors who came forward at the Coast Guard Academy in
many cases not once but multiple times have had their
disturbing assaults ignored. They deserve better. They deserve
accountability, transparency, and justice. I will work to
ensure that this committee delivers just that.
The unconscionable failures of justice that occurred at the
Academy are not isolated events. They are a symptom of a larger
cultural problem in the Coast Guard of sexual harassment,
sexual assault, and cronyism that stands in the way of
accountability.
Additional allegations in recent years that the Coast Guard
failed to prosecute and report instances of sexual violence
that occurred on commercial U.S. flag vessels raise serious
questions about the Coast Guard's ability and, frankly,
willpower to comply with laws and demand accountability.
I have heard from a constituent whose traumatic experiences
were not taken seriously by this Coast Guard. What I say to her
as well as to all service members who were failed I am deeply
sorry for what you experienced, I am grateful for your bravery
in coming forward, and I'm committed to seeking justice.
I'm further concerned that we have not yet heard every
story nor provided every victim throughout the service with a
safe environment in which to come forward. What is clear is
that there are deep-rooted issues at the Coast Guard and we owe
it to our service members and the American public to get
answers and to get substantive change.
I am fully committed to working with my colleagues on this
committee as well as with you, Admiral Fagan and Master Chief
Jones, to remove the scourge from the United States Coast
Guard.
Also today, time permitting, we will discuss other matters
of oversight that will inform the drafting of the next Coast
Guard authorization bill. These matters include items important
to our Coast Guard families, such as access to adequate and
affordable childcare, housing, behavioral health supports and
related quality of life concerns.
We will consider the Budget Request for Fiscal Year 2024
and the Coast Guard's ongoing Major Acquisitions Program, such
as the Great Lakes Icebreaker.
I would also note that while the Senate Appropriations
Committee has not yet marked up the Department of Homeland
Security bill for Fiscal Year 2024, we know that there is a
tough road ahead for shared priorities.
Admiral and Master Chief, thank you for being here today. I
look forward to hearing from you about how Congress can invest
in the Coast Guard's most important resource, its people, and
how we can work together to better serve those who serve our
Nation.
With that, I will hand it over to a great advocate for the
Coast Guard and a great colleague, Ranking Member Sullivan, for
his opening remarks.
STATEMENT OF HON. DAN SULLIVAN,
U.S. SENATOR FROM ALASKA
Senator Sullivan. Thank you, Madam Chair, and thank you for
your leadership in calling this important hearing.
I'd like to welcome Admiral Fagan, Master Chief Jones, and
I am eager to discuss the capabilities and challenges facing
our United States Coast Guard.
Today we come together to assess the Coast Guard's
operations, capabilities, and challenges to ensure that this
indispensable military service is equipped with the resources,
support, and guidance it needs to fulfill its vital role.
The Coast Guard's mission set is wide-ranging and very
demanding. It simultaneously plays roles as a military service,
a law enforcement agency, a regulatory agency, all in allowing
the organization to execute its missions. This broad mission
set requires bravery, resilience, and tireless pursuit of
excellence from Coast Guard men and women.
I stand committed to the safety and security of our
Nation's waters and recognize the unwavering dedication of the
men and women who serve in the United States Coast Guard.
We have made tremendous strides in recent years to
modernize the Coast Guard Cutter Fleet, enhance readiness, and
adapt to an ever-evolving threat landscape.
The National Security Cutter Acquisition Program has
matured and some of those assets are in the fleet doing great
work. Last Congress, we authorized an additional $650 million
for continued acquisition of offshore patrol cutters, two of
which will be home ported in Kodiak, Alaska.
One area where we are desperately lagging behind
competitors, particularly Russia, is our ability to operate
freely in the Arctic. America is an Arctic nation because of
Alaska. My state is on the frontline of competition in the
Arctic and serves as a safeguard for the United States against
such threats emanating from this critical region.
I have long emphasized the important role the Coast Guard
plays in ensuring that we counter the authoritarian aggression
of the hostile regimes in Russia and China. At no point was
this more evident than last September when a group of Chinese
and Russian naval vessels operating together off the Aleutian
Island chain in Alaska was poising, in my view, an unnecessary
threat to our state and country.
Continuous presence in the Arctic is essential to this
effort and the Coast Guard must be able to operate in the
Arctic at will the way the Russians do. To help ensure that, we
can do so, I included a provision in the Fiscal Year 2019
National Defense Authorization Act to authorize the
construction of six Polar Class Icebreakers, Polar Security
Cutters, as the Coast Guard calls them, and this committee
later reiterated that support in the Coast Guard bill.
I'm excited that we are able to move forward with the
acquisition of these critical assets and we're starting to
build them, but I've serious concerns about the delays in the
production of the Polar Security Cutters and the impacts to our
Nation's security that these delays can cause.
Last year I helped authorize a $150 million for the
procurement of a commercially available icebreaker to help
bring the United States additional offshore icebreaking
capability long before the delivery of the Polar Security
Cutters which we are building.
While the appropriations for that icebreaker were included
in the Appropriations Bill at the last minute in the Omnibus
last year, still trying to figure out why they were removed
literally at the last minute.
I'm confident that we will secure the funding for the Coast
Guard to purchase this much-needed icebreaker in Fiscal Year
2024. It is in the President's budget again as it was last year
and I'm glad to see it will be home ported in Juneau, Alaska.
Admiral, I look forward to continuing to work with you on
that.
Last month Admiral Fagan and I with Senator Murkowski
traveled to Alaska for the 17th Coast Guard District Change of
Command Ceremony in Juneau. We also visited Coast Guard
facilities in Cordoba and Kodiak where we saw firsthand the
struggles the service was facing in recruiting and retaining
members both in its military and civilian workforce.
I know that the service is working hard to address
recruiting and retention issues, but there's still much work to
be done.
The service has missed its recruiting goals for the past
four Fiscal Years and continues to struggle to keep members
within the organization.
Retention issues are particularly high for personnel
stationed in remote areas, especially in Alaska. Admiral, you
and I got to see that firsthand a couple of weeks ago. Access
to health care providers, affordable housing, and childcare
remain challenging.
These challenges decrease the quality of life for Coast
Guard members and may influence their decision whether to
remain with the Coast Guard or not.
Additionally, Coast Guard members, unlike their
counterparts in the other military branches, do not have the
guarantee of being paid during a government shutdown. This is
completely unacceptable.
To fix this, I have repeatedly introduced different
versions of the Pay Our Coast Guard Act, but a permanent
solution has not yet managed to get a Floor vote. You have my
commitment to continue to work on that with both of you.
Admiral, I know that you are taking actions to address the
recruiting and retention issues on your end. Be assured I'm
working to do what I can to ensure that the Coast Guard members
will continue to get paid the way the other services do in the
event of a government shutdown.
Last, like the Chairman who issued a very powerful,
heartfelt, and important opening statement, I must express and
I am deeply disturbed by the recent news about the travesties
that occurred at the Coast Guard Academy.
There's no place for sexual assault, sexual harassment in
our society, particularly not in our military. It is essential
that members of our Armed Forces feel safe and it is
unacceptable that institutions and leaders that were supposed
to protect them failed to do so.
Furthermore, when the Coast Guard failed to disclose to
Congress the receipt of these reports and subsequent
investigations, the service obstructed our ability to conduct
vigorous oversight, which is what we are doing right now.
This is exactly the type of gross mismanagement that
congressional oversight is designed to protect against. This
cannot be allowed to happen again.
Thank you and I look forward to the valuable insights and
discussions that will shape the future of the United States
Coast Guard.
Senator Baldwin. Next we turn to Ranking Member Cruz for
his opening statement.
STATEMENT OF HON. TED CRUZ,
U.S. SENATOR FROM TEXAS
Senator Cruz. Thank you, Madam Chair, Ranking Member
Sullivan.
Admiral Fagan, Master Chief Jones, welcome. Your leadership
is critically important today as the Coast Guard grapples with
its inaction and the failure of transparency regarding past
sexual assaults at the Coast Guard Academy.
By not taking appropriate action to address past sexual
misconduct at the Coast Guard Academy, the Coast Guard
tragically failed to protect its most valuable assets, its
people.
Cadets entering the Coast Guard Academy commit to making
great sacrifices in the service of their country and humanity
and yet when the worst happened to them, the Coast Guard failed
to return that commitment.
A recent investigation of sexual assaults at the Coast
Guard Academy found that many sexual assaults at the Academy
were not taken seriously and that the perpetrators of these
crimes were dealt with administratively rather than criminally.
More than 60 potential victims were identified in these
investigations.
The Coast Guard's insufficient action or outright inaction
has caused further trauma for these victims and has blunted
proper accountability for those responsible for these crimes.
Moreover, the Coast Guard kept these investigations hidden
from Congress for years, three and a half years, delaying
reporting the findings of the investigations to Congress.
Admiral, you and I talked about that last night. That
failure of transparency is unacceptable. We need to make
improvements to ensure that this failure to notify Congress
does not happen again and you can be sure that this committee
will be conducting rigorous oversight to ensure that these
improvements are made.
We owe our brave Coast Guardsmen--men and women--a
workplace free from sexual assault and harassment so that they
can focus on their critical work of saving lives, intercepting
drugs, and defending our maritime border which is more
important now than ever.
For years I've worked on a bipartisan basis with Senator
Gillibrand to protect members of the military from sexual
assault. Together we led the fight to enact into law the
Military Justice Improvement and Increasing Prevention Act
which professionalized and improved how the military prosecutes
sexual assault and other serious crimes.
Senator Gillibrand and I also teamed up in a bipartisan way
to enact into law the Cadet Act which ended the unfair and
antiquated policies that forced female students at America's
military academies, including the Coast Guard Academy, into
three terrible choices if a female cadet became pregnant:
either forcibly getting an abortion against her wishes, going
to court and legally surrendering her parental rights over her
child, or withdrawing from the service academy and repaying the
Federal Government the cost of her entire education.
This made no sense. It was frankly an idiotic policy and
I'm very glad that we were together able to pass in December
the Cadet Act changing that policy so that now women at our
service academies, if they choose to be mothers, can be mothers
to their children and can also serve and defend our Nation at
the same time.
It is imperative that we work to ensure the dignity, the
well-being, and the safety of our military members, including
cadets who will 1 day form our officer corps.
In Texas, Coast Guard members are on patrol 365 days a
year. From Station South Padre Island to Sector Houston,
Galveston and beyond, Coast Guard members stand the watch to
keep our citizens and our Nation safe.
Earlier this year I introduced a resolution commending the
Coast Guard for its outstanding work in safeguarding the
American people through promotion of national security and
maritime border security. It highlighted that during Fiscal
Year 2022 the Coast Guard interdicted over 400,000 pounds of
narcotics and over 12,000 illegal aliens while conducting over
6,000 at-sea boardings of fishing vessels and stopping 87
foreign fishing incursions.
In addition, the Coast Guard ensures economic security
through rigorous vessel inspections and by keeping commerce
moving in and over our waterways.
At a time when our allies need clean U.S. energy abroad, I
hope that Admiral Fagan can commit today that the Coast Guard
will work expeditiously with the Maritime Administration to
complete processing deepwater port license applications.
The Coast Guard also plays an important role in setting
schedules for drawbridges. In doing so, it must balance all the
public interests of mariners, drivers, and road-builders to
keep the people and goods moving and all modes of
transportation without compromising safety.
The Coast Guard must work with all stakeholders in advance
of changes and not impose a schedule that is impractical even
on a temporary basis. For example, a recent schedule change on
a drawbridge on a rail corridor along the East Coast of Florida
threatened stoppages that would cause freight rail service to
block nearby grade crossings and severely restrict the
operations of passenger rail services.
I understand a proposal has been offered by the railroads
that would provide mariners with access to the waterway for 60
percent of the daylight hours. The Coast Guard needs to
promptly adopt a workable schedule that recognizes all the
stakeholders, to give certainty to the mariners, the railroads
and their customers.
I look forward to working with Admiral Fagan and Master
Chief Jones to ensure that the Coast Guard continues its
critical mission to safeguard our national security, our
economy, and our way of life.
Senator Baldwin. We will now turn to our witnesses for
their opening testimony, starting with Admiral Fagan and then
to Master Chief Jones. We will include your full testimony in
the record of this subcommittee. So if you can keep your
summary of those remarks to 5 minutes or less that would be
appreciated.
Admiral Fagan.
STATEMENT OF ADMIRAL LINDA L. FAGAN, COMMANDANT, U.S. COAST
GUARD
Admiral Fagan. Thank you.
Good morning, Chair Cantwell, Chair Baldwin, Ranking Member
Cruz, Ranking Member Sullivan, and distinguished Members of the
Subcommittee.
Thank you for the opportunity for Master Chief Jones and I
to testify today and I thank you for your continued support of
the Coast Guard and thank you for accepting my written
testimony into the record.
The world is changing at a pace that is constantly
accelerating and our commitments to protect, defend, and save,
grow every day and demand for the Coast Guard at home and
abroad has never been greater.
On behalf of the Coast Guard I thank you for your continued
advocacy as we support our workforce and their families,
recapitalize our fleet, and build the vital shore
infrastructure.
Before taking your questions, I want to touch briefly on
each of these critical areas.
There are many factors that go into recruiting and
retaining the world's best Coast Guard and one of them is
offering a safe work experience free from harassment, bullying,
assault, and retaliation and in that regard I want to address
recent news reports of our failure to respond properly to
sexual assaults that occurred at the Coast Guard Academy from
1988 to 2006.
As you're aware, in 2014 we launched an extensive
investigation into incidents alleged to have taken place during
that time. The investigation grew from a single complaint to
ultimately over 60 cases and we took action in each of these
cases in which we had jurisdiction and informed individual
victims of our findings. We did not disclose the investigation
or its findings to you, depriving Congress of opportunity to
conduct proper oversight.
On June 30, Master Chief Petty Officer Jones and I sent a
message to the entire Coast Guard workforce acknowledging our
failure and articulating the need to act and I request that
that message be accepted into the hearing record.
I again apologize to each victim, survivor, their loved
ones. We failed to provide the safe environment that every
Member of the Coast Guard deserves, and I apologize for our
failure to notify you.
Our service and our Academy have made much progress, an
incredible amount of progress, yet work remains to be done.
This week I initiated a 90-day accountability and
transparency review of the service led by a flag officer to
ensure we have a culture where everyone is safe and valued and
we are creating transparency and accountability.
As Commandant, I am committed to improving our prevention
efforts, prompt and thorough investigations into reports of
sexual assaults and harassment, accountability for
perpetrators, compassion and support to victims, and full
transparency with Congress and the American people.
More broadly, our service must adapt our overall talent
management system to a changing world. Like all military
services, we are experiencing a workforce shortage that
threatens readiness and our ability to serve the American
people.
This year we introduced groundbreaking new talent
management policies that make it easier for our workforce to
continue to serve. Today, we're recruiting at the fastest pace
we've seen in the last 4 years but we must do better.
We're investing in new digital recruiting tools, opening
new recruiting offices to reach more communities. To attract
and retain a highly skilled workforce, we must properly support
our sentinels and their families. We must invest to ensure pay
and entitlements keep pace with the rapidly changing economy,
and we continue to work alongside the Department of Defense and
this committee to ensure access to health care, affordable
housing, and childcare.
Beyond investing in the Coast Guard workforce, my
investment priority includes ships, aircraft, and shore
facilities. Our Major Cutter Acquisition Programs, including
the Polar Security Cutter, the Offshore Patrol Cutter, and the
Waterways Commerce Cutter, will enable our presence in the high
latitudes along our maritime borders and our inland rivers.
To support these new ships, we must invest in our shore
infrastructure in their future home ports, particularly in
places like Kodiak, Seattle, and Charleston.
To ensure aviation readiness into the 2040s, we'll
consolidate our helicopter fleet into a single platform MH60
Tango.
I ask for your continued support to ensure the Coast Guard,
like every U.S. Armed Force, has the stable and predictable
funding necessary for mission execution. I'm completely
committed to the safety, support, and success of our entire
Coast Guard workforce and their families and to working
transparently with Congress to achieve these goals.
Thank you. Thank you for the opportunity to testify and I
look forward to your questions.
[The prepared statement of Admiral Fagan follows:]
Prepared Statement of Admiral Linda L. Fagan, Commandant,
U.S. Coast Guard
Introduction
Chair Baldwin, Ranking Member Sullivan, and distinguished Members
of the Subcommittee, thank you for inviting me to testify and I am
grateful for your continuing support of the United States Coast Guard.
Today, I look forward to discussing how the Administration's FY 2024
Budget request positions the Service to generate sustained readiness,
resilience, and capability while building the Coast Guard of the
future.
As the world's premier, multi-mission, maritime service responsible
for the safety, security and stewardship of the Nation's waters, the
Coast Guard offers a unique and enduring value to the American public.
At all times a military service and branch of the U.S. Armed Forces, a
Federal law enforcement agency, a first responder, a regulatory body,
and a member of the U.S. Intelligence Community, the Coast Guard serves
on the front lines for a Nation whose economic prosperity and national
security are inextricably linked to the sea.
Last year, your Coast Guard navigated unique challenges presented
by our increasingly connected and rapidly changing world. Throughout
the course of FY 2022, the Service saved or assisted over 24,000
people, removed over 335,000 pounds of cocaine and 60,000 pounds of
marijuana with an approximate wholesale value of $4.2 billion, provided
humanitarian assistance to over 12,500 non-citizens intercepted at sea,
inspected over 15,000 shipping containers for structural and hazardous
material compliance, maintained nearly 45,000 buoys and beacons across
the Marine Transportation System, conducted over 10,000 waterborne
patrols to protect critical infrastructure and key resources, and
provided nearly 21,000 hours of support to U.S. Central Command to
advance security cooperation, maritime security, and counter-piracy
objectives in the Arabian Gulf.
In the aftermath of Hurricanes Ian, Fiona, and Nicole, Coast Guard
personnel from across the country surged to Puerto Rico, Florida,
Georgia, South Carolina, North Carolina, and Virginia where we saved or
assisted nearly 1,000 persons in distress, responded to pollution
incidents, and reopened vital ports and waterways to help communities
recover.
In the Antarctic, Coast Guard Cutter (CGC) Polar Star, the Nation's
only heavy polar icebreaker, created a navigable path through thick ice
to enable the annual replenishment of America's McMurdo Station. In the
Great Lakes, CGC Mackinaw--the Coast Guard's only heavy domestic
icebreaker--opened passages to facilitate commercial shipping across
the region.
In the Indo-Pacific, 418-foot National Security Cutters and 154-
foot Fast Response Cutters conducted combined operations and exercises
with allied and partner nations to counter Illegal, Unreported, and
Unregulated fishing and facilitate interoperability with like-minded
nations throughout the region. In the Caribbean, the Coast Guard surged
assets from across the Atlantic seaboard to respond, in coordination
with other Federal agencies, to historic irregular maritime migration
on our southern maritime border.
While I remain incredibly proud of our Coast Guard Active Duty,
Reserve, Civilian, and Auxiliary workforce, we must adapt to ensure the
accelerating pace of change does not overtake our ability to protect,
defend, and save the American public we serve. Geopolitical
competition, economic volatility, climate change impacts, shifting
workforce expectations, evolving technologies, and new enterprises at
sea are converging and driving changes we must make for our Service.
The FY 2024 President's Budget is the first step in advancing our
efforts to transform our total workforce, sharpen our competitive edge,
and advance our mission excellence as we build the Coast Guard of the
future. These investments are vital to ensuring the Service has the
assets, systems, infrastructure, and support needed to further the
Nation's maritime safety, security, and prosperity.
Generate Sustained Readiness, Resilience, and Capability
Transform our Total Workforce
A shrinking American workforce combined with changing expectations
by both employees and employers is driving significant challenges in
recruiting and hiring. American workers seek flexibility, innovation,
purpose, and desire employers who foster a workplace where all people
are respected and empowered.
My highest priority is to modernize our talent management system,
which has not significantly changed in 75 years, to best recruit and
retain our workforce in the 21st century. I am committed to deploying
innovative recruiting practices; revolutionizing talent management
policies; developing individually tailored, on-demand, and modernized
learning; and delivering point of need healthcare and family services.
The FY 2024 budget requests $273 million in military and civilian
pay and benefits; $21 million to increase retention, bolster medical
services, improve the Service's training systems, and better support
the workforce; as well as $12 million to enhance the Coast Guard's
recruiting capability by funding additional recruiting personnel and
nine new recruiting offices.
Sharpen our Competitive Edge
New and rapid advancements are making access to technology
ubiquitous. These technological advancements expose global systems and
people to modern threats, including growing cybersecurity concerns,
supply chain disruptions, and navigation vulnerabilities. However,
emerging technologies also present novel opportunities to maintain a
competitive edge over malign actors.
To accomplish the broad spectrum of Coast Guard missions, we will
leverage new technology to enable rapid information sharing and provide
decision advantage to our operational commanders. Smart application of
advanced data analysis capabilities will enable us to make the best
decisions as we inspect new commercial vessels, search for overdue
recreational boaters, bolster our talent management system, and seek to
disrupt the flow of illicit drugs across our maritime border.
The FY 2024 budget requests $49 million to sustain enterprise
collaboration tools, search and rescue IT systems, and C5I capabilities
on board operational assets. Additionally, the budget includes $15
million for data analytic technology development, improving how data is
collected, analyzed, and leveraged to empower operations and support
the workforce. Requested funding also supports the rapid development of
mobile applications and bolsters telework capabilities.
Advance our Mission Excellence
The Coast Guard operates in dynamic conditions, and changes in the
strategic environment impact our missions every day. Given evolving
national security threats, we must prepare now for the challenges of
tomorrow.
We will employ our assets and resources to the highest priority
missions that we are uniquely capable to perform, build on our ability
to lead in crisis, strengthen existing and forge new partnerships to
improve global maritime governance, and safeguard a rapidly changing
Marine Transportation System.
The FY 2024 budget requests $77 million for the operations,
maintenance, crew, and mission support elements for four Fast Response
Cutters; operations and maintenance for the second Offshore Patrol
Cutter; crew, operations, and maintenance for a commercially available
polar icebreaker; crew for the first Waterways Commerce Cutter; and
crew, operations, and maintenance for four MH-60T helicopters, one HC-
130J aircraft, and one HC-27J aircraft. Additionally, the budget
includes $18 million for the operations and maintenance of newly
acquired or recapitalized shore facilities.
Build the Coast Guard of the Future
The Service continues our largest recapitalization effort since
World War II--vital to providing the capable, modern assets necessary
to meet the unprecedented demand for Coast Guard services.
Additionally, the Coast Guard continues to prioritize investments in
our shore infrastructure because our facilities, piers, runways, and
the buildings where our people eat and sleep while standing duty are as
critical for operations as our ships and aircraft.
Surface
With the continued strong support of both the Administration and
Congress, we are acquiring the Nation's first new heavy polar
icebreakers in almost half a century. The FY 2024 request of $170
million sustains the program and procures an additional portion of
long-lead time materials for the third Polar Security Cutter (PSC).
When fully operational, PSCs will provide the global reach and
icebreaking capability necessary to advance our national interests in
the Arctic and Antarctic regions, projecting U.S. sovereignty and
influence while conducting Coast Guard statutory missions in the high
latitudes.
The FY 2024 request also funds the acquisition of a commercially
available polar icebreaker, including the modifications and integrated
logistics support required to reach initial operating capability for
Coast Guard missions. The purchase and modification of a commercially
available polar icebreaker represents an effective strategy to increase
near-term presence in the Arctic until the PSC fleet is operational and
to add regional capacity in the long-term.
The Offshore Patrol Cutter (OPC) is one of the Service's highest
acquisition priorities and is absolutely vital to recapitalizing the
capability provided by our legacy fleet of 210-foot and 270-foot Medium
Endurance Cutters (MEC). The FY 2024 request provides $579 million for
construction of the sixth OPC and long lead time materials for the
seventh of a program of record for 25 hulls. The legacy assets the
OPC's will replace have been workhorses for decades and continue to
serve the Nation with distinction. With 13 of these cutters exceeding
50 years of Service, the MEC fleet is becoming more difficult and
expensive to maintain, and we continue to see degradation in its
operational availability.
Some of our inland tenders have been in service since the 1940s,
maintaining both fixed and floating aids to navigation for the U.S.
Marine Transportation System--the 25,000 miles of rivers and navigable
channels that support $5.4 trillion in annual commerce and 31 million
jobs. The FY 2024 request for $98 million supports program management,
long lead time material for future hulls, and construction of the first
article of the Waterways Commerce Cutter fleet. These cutters--which
will replace our legacy inland tender fleet--will feature modern
designs for propulsion and crew habitability to enable men and women to
serve in the heartland.
Aviation Assets
The FY 2024 request includes $115M to recapitalize and sustain
fixed and rotary-wing aircraft, including: sustainment of the current
MH-60T helicopter fleet; modernization and sustainment of the Coast
Guard's MH-65 helicopter fleet to improve reliability into the 2030s,
align recapitalization efforts with DoD's Future Vertical Lift program
and transition to an all MH-60 fleet; and continued missionization of
HC-27J medium-range surveillance aircraft.
Shore Infrastructure
Shore facility maintenance and recapitalization is critical to
mission success. As the Service deploys new, more capable assets,
infrastructure projects like pier construction and workforce facilities
are equally vital. The FY 2024 request includes targeted investments to
continue the buildout of Base Charleston, South Carolina, funds the
construction of a Fast Response Cutter homeport in Seward, Alaska, and
funds construction of a Waterways Commerce Cutter homeport.
Given the Coast Guard's broad infrastructure needs, these
investments and a modern approach to project planning, prioritizing,
and execution are necessary to ensure the Service has the adequately
maintained and resilient infrastructure required to meet the
operational demands of today and tomorrow.
Conclusion
The Coast Guard is the only military Service outside the Department
of Defense and the only Armed Force that is primarily funded via non-
defense appropriations. Not funding the Coast Guard at the levels
requested in this budget could jeopardize the long-term readiness of
the Service, putting American lives, national security, and the U.S.
Marine Transportation System at risk. I ask for your support to ensure
the Coast Guard--like every U.S. Armed Force--has the resources
necessary to safeguard the Nation.
Now is the time to move the U.S. Coast Guard forward. Our
commitments at home to protect, defend, and save--grow every day, while
demand for the Service around the globe has never been higher. To meet
the rising challenges, we must invest to secure the homeland and
counter strategic competitors.
With the support of the Administration and Congress, your Coast
Guard will continue to live up to our motto--Semper Paratus--Always
Ready. Thank you for your enduring support.
Senator Baldwin. Master Chief.
STATEMENT OF MASTER CHIEF HEATH B. JONES, MASTER CHIEF PETTY
OFFICER, U.S. COAST GUARD
Chief Jones. Thank you and good morning.
Chair Cantwell, Chair Baldwin, Ranking Member Cruz, Ranking
Member Sullivan, and distinguished Subcommittee Members, it's
an honor to appear before you as the Master Chief Petty Officer
of the Coast Guard.
I apologize for not providing a written statement. I would
be happy to submit a statement after the hearing if you would
be willing to accept it.
As I begin, I would like to express my sincere appreciation
alongside Admiral Fagan on behalf of our dedicated personnel
for your unwavering support of our United States Coast Guard.
The Coast Guard workforce is the heart and soul of our
organization and their dedication and sacrifice is to keep our
Nation safe and secure. Every day Coast Guard sentinels put
their lives on the line to protect, to defend, and to save.
I want to echo the sentiment of the Commandant's opening
statement and clearly state to this committee and the entire
workforce that everyone in our service has a right to a safe
workplace free from harassment, bullying, assault, and
retaliation. Our workforce deserves nothing less.
As we discuss the future of the Coast Guard, my primary
focus is our sentinels, specifically the serviceability to
recruit and retain the talented individuals necessary to
effectively carry out the critical missions our Nation demands
and our Nation deserves.
Your continued support and advocacy have enabled our recent
recruiting initiatives which include opening 10 new recruiting
offices, leveraging innovative technology to reach potential
recruits, initiating four new JROTC programs, and developing
the Scout Talent and Refer Program, resulting in more Active
Duty and Reservist sessions at this point in Fiscal Year 2023
than the entirety of Fiscal Year 2022. This is our highest
accession rate since 2019.
We still have work to do and your continued support will
allow our recruiting practices and talent management policies
to evolve in order to attract and retain the best young people
our Nation has to offer.
The United States Coast Guard is more than a military
service. We're a family. Our service members and their families
become integral parts of the communities in which they live.
With your support we will retain our workforce and their
families by ensuring access to affordable housing, quality
mental and physical health care, competitive compensation, and
modernized assets and infrastructure. These issues are vital to
our sentinels and to their families.
While I acknowledge that those who volunteer to serve are
not primarily motivated by pay, it is essential to recognize
that they may likely leave for better compensation elsewhere.
The Fiscal Year 2024 pay raise is a good step in the right
direction and the most significant increase since 2002. To
ensure we remain an employer of choice, we must continue
investing in our basic pay scale. Your support of the Pay Our
Coast Guard Act is crucial for the health of our service. The
Coast Guard welcomes legislative parity with our DoD
counterparts.
We are thankful for the continued support of Congress to
recapitalize the facilities at Training Center Cape May, our
only enlisted accession point. The Coast Guard included the
multipurpose training facility at Cape May as part of our
unfunded priorities list for Fiscal Year 2024 which would
enable year-round training and improve recruit throughput and
our ability to develop resilient fleet-ready sentinels.
I want to reiterate the Coast Guard's critical role in
protecting our Nation's maritime interests and ensuring the
safety and security of our citizens. Our mission supporting the
Heartland's critical infrastructure and maintaining thousands
of aids to navigation has never been more important.
Of the $5.4 trillion that flows in our maritime
transportation system each year, more than 4.5 trillion moves
on America's Western rivers. Among our many modernization
acquisition efforts, we look forward to deploying new Waterway
Commerce Cutters to replace an aging fleet of ships, some over
70 years old. The improved living conditions and ability to
accommodate mixed gender crews are a much-needed step forward.
Your continued support is vital to our critical missions in
overcoming these pressing readiness and modernization
challenges.
Rest assured that Admiral Fagan and I are committed to
fostering a culture where our members feel safe, trusted,
valued, and included.
I am grateful for the unwavering commitment of this
committee to support the mission to defend and safeguard
America's vital maritime domain.
Thank you for the opportunity to appear before you today
and I look forward to answering your questions.
[The prepared statement of Chief Jones follows:]
Prepared Statement of Heath B. Jones, Master Chief Petty Officer,
United States Coast Guard
Introduction
Chairman Baldwin, Ranking Member Sullivan, and distinguished
members of the subcommittee, I appreciate the opportunity to testify
today and echo the Commandant's appreciation for your enduring support
of the United States Coast Guard. This hearing is my first appearance
before you as the Master Chief Petty Officer of the Coast Guard. I
would like to personally thank each of you for your unwavering support
on behalf of our workforce. Throughout my career, I have been fortunate
to serve alongside some of the most capable and dedicated women and men
in the U.S. Government, and I am thankful for the privilege to discuss
their needs with you today.
I am extremely proud of our Coast Guard Active Duty, Reserve,
Civilian, and Auxiliary workforce and humbled to serve as their Senior
Enlisted Leader. As America's maritime first responder, the Coast Guard
is woven into communities along the Pacific, Atlantic, Arctic, and Gulf
Coasts, as well as the Great Lakes and navigable inland rivers. I am
proud of the many ways we contribute to our Nation's safety and
prosperity: we rescue mariners in distress, protect vital marine
natural resources, break ice to facilitate commerce, inspect ships to
verify safety and pollution controls, deliver aid after disasters, mark
navigable waterways to keep mariners safe from hazards, secure our
ports and harbors, and interdict illegal drugs far from our shores.
Across the heartland, in the ports, on the seas, throughout cyberspace,
and around the globe, we are the world's premier maritime Service,
positioned to protect and ready to rescue.
In today's rapidly evolving environment, we must adapt to ensure
the accelerating pace of change does not overtake our ability to
protect, defend, and save the American public we serve. The Fiscal Year
(FY) 2024 President's Budget is critical to advancing efforts to
transform our total workforce, sharpen our competitive edge, and
enhance our mission excellence as we build the Coast Guard of the
future. These investments are vital to ensuring the Service has the
assets, systems, infrastructure, and support needed to further the
Nation's maritime safety, security, and prosperity.
Workforce
The Coast Guard workforce is the heart and soul of our
organization, and their dedication and sacrifices keep our Nation safe
and secure. Every day, Coast Guard Sentinels put their lives on the
line to protect, defend, and save. I am committed to modernizing our
talent management system to best recruit and retain in the 21st
century. Without our people, we cannot maintain or operate our cutters,
boats, aircraft, or technology, or uphold standards for commercial
vessel safety or pollution prevention. The Coast Guard workforce of
tomorrow must reflect the American public we serve and requires the
tools, policy, training, and support to succeed across all our mission
areas.
The people joining our Service today have different expectations
from those who served in the past. We are adjusting the way we recruit,
train, and retain them and their families. We are expanding access to
high-quality healthcare, affordable housing, and childcare. We remain
relentless in our effort to eradicate harmful behaviors, such as sexual
assault and sexual harassment, from our Service. We continue to revisit
potentially outdated policies that deter otherwise qualified members
from continuing their careers, and we actively pursue means to
encourage our brightest talent to stay. Similarly, we are pursuing new
training designs focused on meaningful learning, both in classrooms and
in the field. I am committed to pursuing transformational change in the
way we recruit, retain, train, and support our workforce.
The FY 2024 budget requests $273 million in military and civilian
pay and benefits increases; $21 million to increase retention, bolster
medical services, improve the Service's training systems, and better
support the workforce; as well as $12 million to enhance the Coast
Guard's recruiting capability by funding additional recruiting
personnel and nine new recruiting offices.
Infrastructure
Investing in the workforce means investing in the places they work.
Based on the nature of our missions, Coast Guard facilities are in
areas prone to hurricanes, flooding, earthquakes, deadly wildfires, and
other natural disasters. Coast Guard facilities must be safe and
resilient to meet mission demands. The Nation's reliance upon the Coast
Guard to serve as a first responder after such disasters underscores
the importance of resilient facilities to operations. Investments in
modernizing facilities have proven to be mission enhancers.
The Coast Guard has been slowly recapitalizing shore
infrastructure, updating and, where possible, replacing legacy military
housing and support facilities, and modernizing waterfront facilities
to accept new assets. Despite these efforts, the Service has
substantial unfunded priorities in the recapitalization of
infrastructure and asset maintenance. While we are making consistently
strong headway on recapitalizing our cutters and aircraft, that
progress requires making tough annual trade-offs that continue to
impact shore infrastructure.
To this end, we must invest in recapitalization at Training Center
Cape May. Cape May is the single point of accession for our enlisted
workforce; it is where we develop the next generation of Sentinels to
lead tomorrow's Coast Guard. The current facilities at Cape May are
poorly configured to accommodate mixed-gender recruit companies
equitably and are beyond their service life. Additionally, a Multi-
Purpose Training Facility will reduce the over 7,000 hours of training
annually impacted by inadequate facilities.
Housing remains a major issue for our military members and their
families. All Service members and their dependents deserve access to
adequate housing within a reasonable commute. Unlike members of other
Armed Services who are often centralized around large military bases,
many Coast Guard personnel are stationed in small communities across
the country. Many Coast Guard members often struggle to find affordable
and available housing in the areas where they serve. We continue to
monitor our rural coastal locations impacted by short-term rental
markets and are working to provide additional housing options and
resources to members in those areas. In locations such as
Neah Bay, Washington; Jonesport, Maine; and Sault St. Marie,
Michigan, the Service provides Coast Guard-owned family-type housing
for members with dependents because these isolated areas have
insufficient rental availability.
The FY 2024 request and Unfunded Priorities List include targeted
investments to improve the condition of our aging shore facilities.
Additional investments and a modern approach to project planning,
prioritizing, and execution are necessary to ensure the Service has the
infrastructure required to meet the operational demands of a
recapitalized fleet. Every Coast Guard mission begins and ends at a
shore facility.
Healthcare
Access to quality healthcare, mental and physical, is one of the
most important issues affecting Coast Guard families today. Military
healthcare is the cornerstone of our quality-of-life benefit system and
is critical to our people. The Coast Guard is unique among the armed
services in that our mission set often dictates that a very high
percentage of our workforce is geographically dispersed, sometimes at
very small commands in especially remote locations across the country.
In FY 2022, with the tremendous support of Congress, the Coast
Guard made investments to increase mental health capabilities within
the Service, representing a long-term commitment to monitor, detect,
and better coordinate timely and appropriate care for all aspects of
mental and behavioral health needs. In addition, the Service is in a
multi-year process of adding clinical resources to provide staffing
positions to meet deployment demands. We must ensure members have
timely access to high quality health care.
Child Care
As previously noted, due to the locations in which we serve, our
workforce very often lives in remote, higher-cost areas. High childcare
costs impact our workforce throughout all geographic areas, but
particularly those without access to DoD or Coast Guard Child
Development Centers. This makes it difficult, if not impossible, to
maintain parity with the other armed services with respect to providing
our workforce with quality and affordable childcare options. Your
continuing support of childcare subsidies is vital to ensuring our
workforce and their families are supported and able to continue to meet
the Coast Guard's mission.
Thanks to the support of Congress in FY 2022 and FY 2023, the Coast
Guard will invest $155 million in Child Development Centers. We are
improving the availability of childcare in areas that are currently
underserved, including Kodiak, Alaska; Mobile, Alabama; Elizabeth City,
North Carolina; Astoria, Oregon; Alameda, California; and Cape Cod,
Massachusetts. In addition to these projects, the Coast Guard is
constructing Child Development Centers in Borinquen, Puerto Rico, and
Petaluma, California.
Conclusion
Thank you for the opportunity to appear before you and for all that
you do for the Coast Guard workforce. I am humbled to have the
privilege to serve with and represent our Sentinels and am grateful for
your support. I look forward to answering your questions.
Senator Baldwin. Thank you for your testimony.
We will now start a round of questions and I will begin.
So I want to start by reiterating my commitment to seeking
answers, transparency, and accountability for the victims
identified in Operation Fouled Anchor and for all victims of
sexual harassment and sexual violence across the Coast Guard.
It is unacceptable that Congress is just learning about this
operation now.
Admiral Fagan, with your leadership of the Coast Guard,
will you commit to working with this committee to examine how
these significant failures occurred and why the operation was
kept secret from Congress?
Admiral Fagan. Thank you.
I am a hundred percent committed to this committee with
regard to transparency, accountability in bringing the service
forward.
The investigation that started focused on sexual assaults,
historic sexual assaults at the Coast Guard Academy represent a
broader challenge for the service and for the Academy and I am
committed to bringing that work forward and being accountable
to you and the Committee as we work to improve the service so
that everyone, everyone in the Coast Guard has access to a
workplace and a work experience that's safe, respectful, free
from sexual assault, harassment, bullying, hazing, retaliation,
and that we have the full transparency and accountability
that's needed to ensure that culture occurs.
Senator Baldwin. And will you commit to holding accountable
all individuals who perpetrated these abhorrent acts and all
individuals who either failed to take proper action or who
participated in withholding information from Congress?
Admiral Fagan. I am committed to accountability to the
fullest extent of the law and as in all cases where we've got
jurisdiction and ability to hold accountable in accordance with
the laws that are currently in place, I commit to working with
the Committee on that.
Senator Baldwin. OK. Admiral Fagan, as you know, Chair
Cantwell and I sent you a letter on June 30 requesting all
information in the Coast Guard's possession with respect to
this operation with a deadline of tomorrow, July 14.
Admiral, can I expect a timely, complete, and fully
transparent response?
Admiral Fagan. Yes, Senator, you can expect the timely and
complete response. We will have that draft to you and your team
by tomorrow.
Senator Baldwin. Thank you.
During the course of Operation Fouled Anchor and since the
completion of Operation Fouled Anchor, has the Coast Guard
pursued any punitive or administrative actions against any of
the subjects identified in the operation?
Admiral Fagan. For those subjects that we had jurisdiction
over, we did pursue accountability. The 90-day initiative that
I've just shared with you will begin to fully look at how we
are ensuring accountability and reports of sexual assault.
We have made an incredible amount of progress as a service
since the time-frame of Operation Fouled Anchor. Investments in
policy, in survivor support. We've stood up a special
prosecuting office this summer to ensure that we're aligned
with the other military services, but it's clearly not good
enough and we are going to get after the work that is necessary
to ensure again transparency, accountability across the range
of sexual assault, harassment, retaliation, and bullying.
Senator Baldwin. And with regard to those who are
identified survivors, what behavioral health or other support
services were provided to those survivors identified during
Operation Fouled Anchor?
Admiral Fagan. The investigatory effort associated with
Fouled Anchor was extensive. It was deliberate. I'm confident
that within that body of work we have been in full contact with
the survivors. We continue to offer support, mindful of the
need to protect their privacy, you know, as they experience the
trauma again as a result of some of the reporting, but they
have been fully offered survival services.
We have invested in victim survivor services as an
organization and continue to invest in. I expect we will have
additional victims and survivors come forward in the weeks and
months to come and we are prepared to provide services to those
individuals, as well.
Senator Baldwin. I want to now turn my attention to our
enlisted members of the Coast Guard.
While the focus of Operation Fouled Anchor was the Coast
Guard Academy, these findings leave me concerned that similar
failures may be affecting our enlisted members during basic
training at Cape May or elsewhere across the service.
Master Chief, what can you tell the Committee about how the
Coast Guard holds perpetrators of crimes accountable at the
Coast Guard Training Center and do you believe there are
adequate supports put in place to assist survivors and
sufficient safeguards in place to ensure reports do not get
swept under the rug?
Chief Jones. Thank you, Senator.
Similar to the comments that the Commandant made, we pay
the same level of attention to our enlisted accession resources
in Cape May. If and when anything were to come forward, we
fully investigate. We fully focus on the victims, the survivors
and ensure that they have the same level of support that has
grown and increased over the years to ensure that they have the
support they need to get through this, and I commit to the
Committee that the same thing that applies at the Coast Guard
Academy as we look to get better every day and strive for
perfection every day, we make those same efforts at our
enlisted training centers.
Senator Baldwin. Thank you.
Senator Sullivan.
Senator Sullivan. Thank you, Madam Chair.
I want to follow up on this questioning to begin with. Just
as I mentioned in my opening statement, Coast Guard Academy's
handling of the sexual assault allegations in the 1990s is
deplorable, unacceptable, and can't happen again.
The fact that the organization knew that this had happened
years ago but didn't tell anyone is also unacceptable.
Admiral, I want to commend you for your June 30th message
to all Coast Guard members. I'd like to submit that for the
record.
Senator Baldwin. Without objection.
[The information referred to follows.]
Statement from Admiral Linda L. Fagan
To our Fellow Coast Guard Members:
Recent news accounts have reported on past sexual assaults that
occurred at the Coast Guard Academy and how we did not address them
correctly. The Master Chief Petty Officer of the Coast Guard and I
write to assure you we have advanced as an organization since then,
having taken many important steps to better ensure everyone here feels
safe from sexual assault and harassment. Support for your safety,
wellbeing, and inclusion, regardless of who you are, is a bedrock of
our service character and a critical component of our core values of
honor, respect, and dedication to duty.
In 2014, our Coast Guard Investigative Service (CGIS) was made
aware of a sexual assault allegation at our Coast Guard Academy that
was alleged to have occurred years earlier and was mishandled at the
time. In response, CGIS began an investigation which followed up on all
leads related to sexual assaults at the Coast Guard Academy that were
alleged to have occurred between 1988 and 2006, a period preceding our
implementation of key changes to our policies and practices regarding
sexual assault and response.
At the conclusion of CGIS's investigation, the Coast Guard took
action to hold accountable those known perpetrators who remained within
its jurisdiction. In addition, we reached out to all known victims and
offered them individual, in-person meetings to provide each of them
with information on their specific cases and access to support
services.
The CGIS investigation was not widely disclosed at the time. We
recognize transparency is critical to building trust not only of
victims, but all cadets and personnel at the Academy and across the
Coast Guard. Transparency helps drive accountability and the
realization of the organization's core values. As your Commandant, I am
personally committed to a culture of transparency and accountability
regarding our efforts to prevent and address the scourge of sexual
assault.
Over the past several years, we have made major improvements to our
policies regarding sexual assault, including prevention training,
investigative procedures, prosecution, victim care, and recovery
services. We have worked closely with the Department of Defense to
establish new structures to support the historic reforms to the
military justice system, which will remove the prosecution of sexual
assault and sexual harassment from the chain of command. A number of
these improvements are described here. Information on sexual assault
reporting and recovery services, and other resources, can be found
here. I encourage any workforce member who has or is experiencing
sexual assault or harassment to seek assistance immediately. We remain
committed to supporting the needs of victims, improving access to
justice, holding perpetrators accountable, and delivering a coordinated
response to any sexual assault or harassment.
By not taking appropriate action at the time, we may have further
traumatized the victims, delayed access to care and recovery, and
prevented some cases from being referred to the military justice system
for appropriate accountability. We own this failure, and on behalf of
the United States Coast Guard, MCPOCG and I apologize to each victim
and your loved ones.
The United States Coast Guard holds every one of us to the highest
personal and professional standards and does not tolerate any form of
abuse. As your Commandant, I will do everything in my power to ensure
those high standards are met.
Yours in service,
ADM Linda Fagan,
Commandant.
Senator Sullivan. And one of the things that you mentioned
in that message to all Coast Guard members is that--and I think
this is important--the investigation occurred between 1988 and
2006, is that correct?
Admiral Fagan. That is the time-frame that sexual assaults
were not being appropriately handled at the Coast Guard Academy
when they were reported.
Senator Sullivan. And then importantly in the statement and
in your statement today and even in the questioning you just
answered from the Chair, you mentioned, ``Over the past several
years, we have made major improvements to our policies
regarding sexual assault,'' and you list a number of them.
I'm not going to have you list them all here, but I think
that's important for people to understand that in the last
several years you have made important strides.
Can you commit to the Committee as part of this hearing to
submit for the record a very detailed listing of all of these
major improvements? I'm not going to have you do it now, but I
do think it's important for the Committee and more importantly
for members of the Coast Guard to know that and have confidence
in that.
Can I get your commitment to do that? Just consider that a
detailed question for the record here.
Admiral Fagan. Yes. No, I commit to providing all of that
to the Committee.
Senator Sullivan. As much detail as possible.
Let me ask again on the issue of the prosecution of sexual
assault and sexual harassment, out of the chain of command, as
you know, that issue has been something we have been debating
on the Armed Services Committee on which I sit for almost a
decade.
I want to commend Senator Gillibrand in particular for her
leadership on that.
Has the Coast Guard undertaken similar actions and were you
required to by law or was that another instance where the DoD
had something different from the Coast Guard but you've done it
anyway?
Your statement mentions that you're doing it, but I'd like
to know the legal and statutory basis for doing that and how is
that going?
Admiral Fagan. So the National Defense Authorization Act
that required the standup, the special prosecuting attorney
offices applied to the Department of Defense, not us, we have
moved----
Senator Sullivan. Not you.
Admiral Fagan. It did not apply to us. We have moved to do
exactly that. Last year we selected a one star admiral. That
office is being stood up in Portsmouth, Virginia. We're
staffing it. This year it will be up and fully functional and
provide complete alignment with the intent with regard to
appropriate handling of sexual assault cases in the military
and it has been significant effort but it's exactly where we
need to be as a service to ensure that we're taking reports of
sexual assault seriously and that they're being appropriately
adjudicated and prosecuted within the UCMJ.
Senator Sullivan. So you did that, even though you weren't
required to under the law the way the Department of Defense
was?
Admiral Fagan. We did it because it's the right thing to do
to ensure as a military service that we're meeting the needs of
our members.
Senator Sullivan. I think, Madam Chair, it's an issue we
should probably look at whether or not we need to legislate to
establish that the way the other services have done.
Senator Baldwin. Yes.
Senator Sullivan. And then one more thing and I think it's
very important and I know you've already said it, but it's
really important for this committee.
Can I get your assurances that this type of investigation
will never again be withheld from the Congress?
Admiral Fagan. Yes. I fully commit that the not reporting
this investigation is inconsistent with my commitment to
transparency. My respect for the oversight that this committee
appropriately exercises over the organization, I am committed
to bringing the organization forward and ensuring that we've
got the appropriate culture of transparency and accountability
and are responsive to the Committee.
Senator Sullivan. Thank you.
Let me turn to another topic that you and I have talked a
lot about and I know matters to you. It certainly matters to
me. It matters to our country and that's the Polar Security
Cutter Acquisition Program, the commercially available
icebreaker to fill the gap.
This is an issue that I think every American should care
about, whether you live in Florida or Texas or Alaska. We are
an Arctic nation, as I mentioned. The Russians currently have
over 50 icebreakers and are building more, 50, some of which
are nuclear-powered, many of which have serious weapons on
them, and we have two and one is broken. I think we have less
icebreakers in Singapore and they're near the equator. This is
just completely unacceptable.
My time has expired, but, Madam Chair, I do want to just
ask, and I'll follow up in the second round of questioning,
Admiral, you've been a strong supporter of both of these
programs.
Can you give me an update first on the Polar Security
Cutter Acquisition lags that we are seeing and what we are
expecting in terms of the building of our own Polar Security
Cutters and perhaps I'll leave it to the second round of
questioning the commercially available issue that you and I
have worked on and again I appreciate the Coast Guard working
so hard to get that in the President's budget.
Again, it was in the President's budget last year and
somehow got removed at the end of the Omnibus which still
rankles me.
But on the lag time on the building of the Polar Security
Cutters.
Admiral Fagan. So thank you.
We're committed to the Polar Security Cutter and that
contract. We're an Arctic nation. It is critical to our
national security, and we continue to engage in the Joint
Program Office with the Navy to ensure that we field that
critical capacity and capability for the Nation.
The shipyard that the contract was awarded to was recently
purchased and is now owned by Bollinger, Mississippi. We're
working with the owner on accelerating detailed design,
understanding and definitizing the schedule and any
implications with regard to new cost estimates.
I was at that yard just a few weeks ago. They've welded a
test coupon. I am confident we are going to begin building that
ship as we go into the next calendar year, early in the next
calendar year. It'll be at least a four-year project to build
that ship and I understand that that puts a deep freeze 2028
potentially at risk but we continue to engage with the shipyard
and with the leadership there to accelerate into the work that
is critical to getting that shipbuilding begun and then
fielding and executing it on behalf of the Nation.
Senator Sullivan. Thank you.
Senator Baldwin. I'm going to continue on the theme of
icebreaking, also.
Admiral Fagan, for the second round, I want to turn our
attention to the Fiscal Year 2024 Budget Request. As you know,
we have been working with the Coast Guard for nearly a decade
to acquire a new Heavy Great Lakes Icebreaker. This vessel is
critical for all the types of activities on the Great Lakes
from saving lives and property, from flooding to transportation
that supports billions of dollars in economic activity. We need
more icebreaking capacity.
Despite efforts in Congress to allocate funding for
planning and design as well as acquisition of long lead time
materials, the Coast Guard still estimates this additional
heavy icebreaker may be another 10 years from realization.
This year the budget request includes $55 million for the
Great Lakes Icebreaker, and I noticed that you included an
additional request of $20 million in your unfunded priorities
list.
If Congress were to fund the full request of $75 million,
would this help deliver the icebreaker faster? If so, how much
sooner? Does the Coast Guard have proposals for the Committee
to consider to accelerate the acquisition process and progress
for the Great Lakes Icebreaker?
Admiral Fagan. Thank you.
We continue to make progress on the Great Lakes Icebreaker
and I remain committed to fielding that critical capability
into the Great Lakes. The economic benefit to year-round access
is just essential to the economic well-being of the country.
We've made progress. We've moved through the first phase of
acquisition and are moving, you know, into the next design
phase. So additional money, the UPL money, would help with long
lead time materials to begin to accelerate into construction of
the ship.
Just as with the Polar Security Cutter shipbuilding is a
complicated and complex process, we continue to work on design.
I commit to fielding a ship THAT'S at least as capable as the
Mackinaw. Whole form and technology has evolved in the 20 years
since the Mackinaw was built and we need to make sure that we
field the best, most capable ship and remain committed to
working with you and understand the urgency with regard to the
need to move that acquisition forward.
Senator Baldwin. OK. I think all of us here would agree
that our women and men in uniform are this Nation's most
valuable assets and the families who support them on a daily
basis are just as deserving of our respect and admiration.
This committee continues to work to provide the Coast Guard
families with appropriate services and support. Yet I believe
there's a significant capacity for improvement, particularly
where our families are at world duty stations.
I personally discussed these challenges with members of the
Coast Guard stationed in Wisconsin. Based on their feedback, I
secured an authorization in last year's bill that would expand
access to childcare options by permitting the Commandant to
implement a childcare subsidy program that includes off-post
daycare centers, family home daycare providers, and in-home
providers.
Admiral Fagan, can you please provide the Committee with an
update on this program and whether you require additional
authorities or funding appropriations for full implementation
of this program?
Admiral Fagan. Thank you and I want to thank the Committee
and you for your continuing support to ensure that our families
have access to childcare and diversifying that access has been
very well received to the workforce and so the subsidy program
has been exceptionally popular. It allows families to decide
between locations where we have a brick and mortar Coast Guard-
operated childcare center. They may use that as an option.
They can use childcare centers in the economy where they're
located and the subsidies are particularly helpful to that, and
we continue to move to ensure then that we're able to
incorporate in-home health care access, as well.
Childcare comes up at every unit the Master Chief and I
visit. It is critical to the resiliency and readiness of the
force and we look forward, you know, to continuing to work
across the spectrum of access for childcare with the Committee
and yourself and appreciate that support.
Thank you.
Senator Baldwin. Thank you.
And, Master Chief Jones, as the senior enlisted advisor,
you're in an excellent position to know what challenges impact
service members and their families on a daily basis.
I'd like to give you an opportunity to inform the Committee
of any additional quality of life items you wish to raise on
behalf of members of the Coast Guard. What else can we do in
this area?
Chief Jones. Thank you for the question, Senator.
As the Commandant said, everywhere we travel and what we
hear about, it's access to affordable and quality housing,
mental/physical health care, access to childcare, the things
that will allow our sentinels to ensure that their families are
taken care of so they can focus on the mission at hand. That is
a true force multiplier and while that is the common theme
anywhere we go in our Coast Guard, they have the unique
different challenge, depending upon their area where they are
and just with the childcare being a great example of the
flexibility.
Some places the brick-and-mortar childcare, some places the
subsidies, what works in one place doesn't always work
somewhere else. So we just truly appreciate the support of the
Committee for those flexibilities in those areas so we can meet
the needs of our members and their families.
Senator Baldwin. Thank you.
Senator Sullivan.
Senator Sullivan. Thank you, Madam Chair.
Let me go back, Admiral, to the issue of all the
icebreakers, I think.
Can you commit to this committee to give--let's call it
every 6 months--an update on the Polar Security Cutter and the
Great Lakes Security Cutter that you just mentioned?
I think it would be good to have regular updates on those
acquisitions and building programs.
Admiral Fagan. I commit to providing regular updates. Thank
you.
Senator Sullivan. OK. Let me turn to the commercially
available. This is the idea started in the Trump
Administration. This committee was supporting it. The Biden
Administration continued it. The idea of purchasing a
commercially available icebreaker to fill this gap in the 2022
Coast Guard Authorization Act.
We authorized the transfer of NOAA land in Juneau to the
Coast Guard which the Coast Guard would use to home port the
commercial icebreaker once it's purchased, in addition to other
activities.
Can you provide an update on the NOAA land transfer in
Juneau that will support home porting an icebreaker and perhaps
give a timeline more broadly on assuming we get the
appropriation this year for that purchase, what would you see
as kind of the timeline?
I know we have other infrastructure needs. I can
confidently say between this committee and the Appropriations
Committee that we will be able to support what the Coast Guard
needs for that, but finally getting an icebreaker in America's
Arctic is going to be really important not just for Alaska but
for America.
As I mentioned, we are getting, you know, in terms of
strategic competition and great power competition in the
Arctic, it's not even close. We need presence. We need ships.
We need icebreakers in particular.
Admiral Fagan. I am a hundred percent committed to the
commercially available icebreaker and, when appropriated, we
look forward to operating that vessel on behalf of the Nation.
Once the appropriation is, you know, made and we're able to
procure the icebreaker and you alluded to it right there, there
will be some initial work that needs to be done on the vessel
to bring it to initial operating capacity and allow us to begin
operating it in the Arctic and we're working to understand
costs, life cycle costs and maintenance costs with regard to
that vessel and we'll continue to work with the Committee as we
work to field that critical capacity needed now for the Nation.
We are working through the Real Property Acquisition
Discussions. I can provide with you a timeline as to where we
actually are with regard to the property in Juneau. As you
know, we saw it recently on our trip up there and look forward
to providing the Committee with the timeline and financial
support needed to ensure that we've got infrastructure in place
to operate an icebreaker in the High North.
Senator Sullivan. Great. Well, just keep us posted. We want
to stay ahead of that on this committee. We don't want to be
the ones behind on that.
Let me ask another question. The 2022 Coast Guard
Authorization Act contained a key provision from my Arctic
Focus Act directing the Coast Guard report on the ability to
conduct a transit of the Northern Sea Route and periodic
transits of the Northwest Passage.
What are the capabilities of the Coast Guard to make a
Northern Sea Route Transit and what lessons can be learned from
the recent Northwest Passage transit?
Admiral Fagan. So we continue to operate the icebreaking
capacity we have. HEALY, our medium icebreaker, has departed or
will depart Seattle shortly for another transit through the
high latitudes and Arctic. Lessons were learned from her last
transit which was a complete circumnavigation and happy to
provide you and your staff with any lessons or insights with
regard to HEALY's recent operations.
As Polar Security Cutter comes online, it'll obviously
create more opportunity and capacity for that kind of presence
and learning opportunity as we operate more persistently in the
high latitudes.
Senator Sullivan. Great. Thank you.
Let me ask, turning to another acquisition program, the
Coast Guard has done much to recapitalize its fleet over the
last 15 years. I want to compliment the Coast Guard.
The National Security Cutters and the Fast Response Cutters
are performing way above expectations and are doing great work
for this country. However, the OPC Program is significantly
behind schedule.
Can you provide an update to that, Admiral, and are you
confident that the recent timelines that you have put forward
on OPC delivery, including the two which, as I mentioned, will
be homeported in Kodiak, are coming online soon enough, and
again the NSC and the Fast Response Cutters are doing a great
job and perhaps you might want to touch on that, as well.
Admiral Fagan. Thank you.
The National Security Cutters have been just--we've been
operating them for 10+ years now and have been incredibly
capable ships and you know that we are able to periodically
operate the National Security Cutters in the Bering and other
locations just providing great capability and presence.
Fast Response Cutters, same kind of increased capability
and capacity, a lot of fast response because we have fast
response cutters operating in the state of Alaska.
The Offshore Patrol Cutter ARGUS is OPC1. We have
experienced some delays in the launch of OPC1. There was a
shafting issue that resulted in a delay of several weeks and we
believe ARGUS will be launched by the end of this year and that
is a likely year delay in delivery date.
OPC and Polar Security Cutter are my two top acquisition
priorities. They're absolutely essential to the Nation. The
Offshore Patrol Cutters are replacing, you know, ships that are
50+ years old, the 210-foot cutters and 270-foot cutters and so
continuing to move forward with speed and intent on the OPC is
a priority for the organization.
I look forward to seeing ARGUS in the water soon.
Senator Sullivan. Great. Thank you.
Senator Baldwin. I'm going to take the Chairwoman's
prerogative to ask another question before turning it over to
Senator Warnock for his questions.
I will have to depart for an Appropriations markup and will
turn the gavel over, but let me just do a couple additional
questions before I depart.
There's an angle to the Operation Fouled Anchor that I
failed to ask you about earlier that I want to just make sure
that I don't leave aside and that is we've talked about the
perpetrators who have been identified. We've talked about the
victims, but we haven't really talked about the Coast Guard
leaders who ignored some of the information they were
collecting and so according to the Coast Guard, the previous
leadership chose not to pursue investigations into other
leaders with knowledge of sex crimes who failed to investigate
and in some cases failed to prosecute offenders.
According to the CNN reporting, in some cases leaders
insultingly disciplined sexual assault survivors for lewd acts.
So, Admiral, in one case I understand a Coast Guard
attorney responsible for providing legal advice to Coast Guard
leaders recommended that a rape case be referred to a hearing
under military court. The attorney advised that failing to do
so is ``tantamount to declaration of an open season on women.''
Yet the Coast Guard's own investigation found that Coast
Guard leadership did not heed that lawyer's advice and failed
to refer the case to court martial.
So again we've talked about the victims, we've talked about
the perpetrators, but how will the Coast Guard respond to an
egregious lapse in justice like the one that I just described?
Admiral Fagan. The pattern of failure to address sexual
assault reports at the Coast Guard Academy, sexual assault was
a crime in the 1980s and it is still a crime, and there was a
lack of policy clarity and clarity of leadership with regard to
how those reports needed to be handled, investigated, how the
victims needed to be supported. We failed the cadets at the
Coast Guard Academy at that time period.
Moving forward, I'm committed to ensuring that we've got
full transparency and accountability in the system not just for
perpetrators but for leaders who fail to abide by the policies
that we've got in place to ensure that we provide a safe
experience and environment for everyone in the workforce.
Senator Baldwin. Thank you, Admiral.
Now a different transition. The Coast Guard has the unique
role of providing for U.S. safety at home as well as abroad. In
light of increasing competition in the INDOPACOM theater of
operations, Senator Schatz and I sponsored a provision in last
year's Coast Guard bill that directed a collaborative study of
the Coast Guard's resourcing needs with respect to operations
in the Western Pacific.
Additionally, I supported the Fiscal Year 2023 provision of
funding to select an existing cutter to relocate to the Pacific
Theater tasked specifically with Indo-Pacific operational
support.
So, Admiral, can you please describe for your increasing
presence in INDOPACOM and focusing on opportunities for the
Coast Guard to support the President's Indo-Pacific strategy
for a free and open Indo-Pacific and on our resources you
require to continue this work?
Admiral Fagan. Thank you.
The demand for your Coast Guard has never been greater and
it's certainly true in the Western Pacific as we operate
National Security Cutters, Fast Response Cutters based out of
Guam, and there is opportunity for us as a nation to make
additional investments in the Coast Guard that creates
increased presence, partnership, and capacity-building.
In our UPL, you'll see four Fast Response Cutters. That's a
direct acknowledgement of that type of capability and access
might create greater presence throughout that theater where we
can engage with the individual island nations to support the
Indo-Pacific strategy.
You mentioned the Pacific Support Tender. That cutter has
been identified and will be rehome porting in Honolulu for the
next couple of years to begin operating and providing that
critical work in support. She should be in Honolulu by December
and we look forward to continuing to explore with the Committee
and the Administration on how we might invest in the Coast
Guard and increase our persistence and presence in the Western
Pacific.
Senator Baldwin. Thank you, Admiral.
Senator Sullivan. Senator Warnock.
STATEMENT OF HON. RAPHAEL WARNOCK,
U.S. SENATOR FROM GEORGIA
Senator Warnock. Thank you very much, Chair, and thank you,
Admiral Fagan and Master Chief Jones. I appreciate you being
here to help us understand the Coast Guard's needs.
As you know, Georgia is proud to be home to more than 500
Coast Guardsmen located across the state, including at four
stations located in Tybee Island, Georgia, Savannah, Georgia,
my hometown, Brunswick, Georgia, and Kings Bay.
These Coast Guardsmen are valuable members of our
communities and their service is critical to protecting the
lives and the property of Georgians all along our coast. This
is especially true during hurricane seasons which have been
getting worse due to climate change.
As global temperatures rise, scientists believe hurricanes
will cause greater rainfall and higher storm surges,
threatening our coastal communities and requiring more robust
Federal emergency responses.
Admiral Fagan, how is the Coast Guard preparing to respond
to the growing intensity of storms and other consequences of
climate change on our coastal communities?
Admiral Fagan. Thank you.
We continue to look for opportunities to increase
resiliency around our forward shore infrastructure. I published
a Climate Framework to provide clarity and focus to the
organization across the suite of challenges we have associated
with climate change.
Specifically, we use NOAA's sea level data to ensure that
as we rebuild infrastructure after a hurricane that it's done
in a way that is more resilient and acknowledges likely impacts
to sea level rise.
You know, after Hurricane Michael several of the stations
that had sustained only minor damages because we had rebuilt
them in a way more resilient to climate change and we remain
committed to improving infrastructure resiliency, particularly
as associated with storm intensity and sea level rise.
Senator Warnock. Thank you so much.
It's difficult to overstate or maybe impossible to
overstate how important this is and it's important for the
Federal Government to be able to respond to the reality of
climate change we're living through now.
To another subject all together, I believe it is important
that we provide our military services with the tools they need
to successfully perform their missions and come home to their
families.
I'm concerned about long-range surveillance capability gaps
that could result from a lapse in upgrading to the HC-130J
aircraft given no additional aircraft were requested in the
budget request.
The HC-130J provides surveillance and supportive search and
rescue missions, maritime law enforcement, and marine
environmental protection, and it's vital for Coast Guard
operations, as you know, in the Indo-Pacific.
That is why I was proud to send a letter to Homeland
Security Appropriations Committee requesting continued support
for the Coast Guard's efforts to upgrade to HC-130Js.
Admiral Fagan, how would the delayed or reduced HC-130J
modernization affect the Coast Guard and your mission?
Admiral Fagan. The C-130J is an incredible aircraft and as
we have fielded them at air stations, you know, particularly in
Kodiak on the West Coast, the added just legs availability in
air time of that aircraft has been game-changing for search and
rescue surveillance.
We've indicated the desire for an additional C-130J in our
UPL request. We have a program of record of 2022 for that
aircraft and continue to work with the Committee and here to
ensure that we bring those aircraft online as funding is
appropriated for them. They've been just incredible assets as
they help with logistics surveillance and, you know, across the
mission suite that we conduct as a United States Coast Guard.
Senator Warnock. Thank you so much.
It's important to us that our service members have the
equipment that they need and I look forward to supporting the
Coast Guard through the budget process.
Admiral Fagan. Thank you.
Senator Warnock. Thank you so much.
Admiral Fagan. Thank you.
Senator Sullivan. Thank you, Senator Warnock.
I'm going to have a few final questions before we wrap up
this hearing.
Admiral, actually Master Chief, I want to get your views on
the recruiting challenges and, by the way, all the services are
having recruiting challenges, as you know,
What actions has the Coast Guard taken to address your
recruiting challenges and what do your projections show about
the health of your workforce moving forward?
Admiral Fagan. Well, I'd like to thank the Committee for
the support that we have received to help address some of the
recruiting challenge we've faced as an organization. We've been
able to increase recruiter capacity, open new recruiting
offices, and begin to elevate awareness of who we are as an
organization. We have made significant progress in recruiting.
At this point in the year, we have onboarded more people
into Cape May than we did the entirety of last year.
Senator Sullivan. Good.
Admiral Fagan. But there is still work to do.
The talent management work, workforce management work that
we have embarked on will help make the service more attractive
and to retain those members that we bring in. We are--I am
committed across the suite of levers that we have to recruit,
make the service attractive to those who have a propensity to
serve, and then to retain those members and their families once
they're in the service.
Again, really appreciate the support that we have had and
we will continue to lean into----
Senator Sullivan. And my understanding is your retention--
--
Admiral Fagan.--the challenge.
Senator Sullivan.--rates are actually pretty good, is that
true?
Admiral Fagan. The retention rates are----
Senator Sullivan. The enlistment, I mean, retention.
Admiral Fagan. They're good. We have had a slight uptick in
sort of decrease in retention in this past year. It is unclear
at this point what that is a result of. Is it kind of a re-
leveling post-COVID? I don't know. At this point, I am
satisfied with where our retention numbers are. This is really
an initial recruiting challenge for the enlisted workforce and
one of the reasons why the Cape May investments become so
critical as we continue to onboard that enlisted force into the
service.
Senator Sullivan. Do you have a view on the recruiting
issues, Master Chief?
Chief Jones. Thank you, Senator.
In addition to all the comments that the Commandant made,
our investments are with other recruiters. We've invested in
software that allows them--it's quicker to get from contact to
the young member to actually getting them signed up and into
boot camp. Those investments have helped. Thank you very much
to the staff there.
The wonderful news that we have is while we don't have
enough people coming in to Cape May, the quality of human
beings that's coming into our United States Coast Guard is
second to none.
Senator Sullivan. Good.
Chief Jones. I mean, they are absolutely the best this
country has to offer. We need more. So we are very excited in
that capacity and we're doing a lot of efforts internally in
the organization to where we simply tell our story better. We
as serving sentinels do a better job, as the Commandant says
quite often, when people know about the Coast Guard. We've got
them. They love the Coast Guard. They want to be part of it.
Senator Sullivan. Well, let me follow up with a related
question.
The Coast Guard Act of 2022 required the Coast Guard to
maintain at least one JROTC Program in every Coast Guard
district.
How do you view this as a potential recruiting tool to tell
your story and can we expect to see a JROTC Program in Alaska
soon pursuant to that Coast Guard Authorization Act provision
from 2022?
Admiral Fagan. We have been onboarding JROTC Programs, as
well, and we are moving deliberately to expand those programs.
We intend to comply with the Coast Guard Act. We look forward
to working with your staff on where that is timing-wise.
It has been a great tool for increasing awareness of who we
are as a service and look forward to continuing to increase
investments in the JROTC Program.
Senator Sullivan. Great. Let me turn to another topic,
Admiral, that you and I have talked about a lot.
I have a very comprehensive bill that the Coast Guard
helped my team and I and Senator Whitehouse's team draft. It's
called the FISH Act which is all about going after IUU fishing
and the importance of combating IUU fishing as it relates to
sustainable fisheries but also, let's face it, strategic
competition with the Chinese Communist Party which directs
these gray fleets that ravage fisheries throughout the world.
Oftentimes countries in Latin America or in Africa, the
only recourse they have to even trying to combat these Chinese
fleets is assistance from the United States Coast Guard.
Can you tell this committee the importance of that issue as
it relates to our fisheries but also strategic competition with
China? I'm trying to get our FISH Act marked up here in the
Commerce Committee soon and I want to get a sense from you how
do you think that's an urgent issue, and I want to thank the
Coast Guard for helping my team and Senator Whitehouse's team
draft a lot of that bill.
Admiral Fagan. Illegal, unreported, unregulated fishing is
a global issue.
Several years ago, Coast Guard published an IUUF Strategy
to bring a focus and alignment to the global scourge that is
IUU fishing. We have worked to provide leadership across
regions where IUU fishing is occurring.
We've got great examples where bilateral fish rider
agreements between the United States and a small island nation
provide a great way to take that nation's organic sovereignty
and law enforcement authorities over their own fishing stocks.
That person comes on to a Coast Guard cutter and we are able to
help them provide a presence, again enforce their own
sovereignty and protect their natural resources.
We continue to engage, you know, across the globe with
other Coast Guards and Navys to work to bring regional
alignment to IUU fishing. It's a sovereignty issue. It's a
theft issue and left unchecked erodes the norms of maritime
governance that needs to be addressed.
Senator Sullivan. Let me end here with two questions
relating to Alaska shipping and then I see our Chairman is
here, as well, which is welcomed.
Can you give me an update on the Waterways Commerce Cutter
Program and more specifically the homeporting decisions for the
replacement for your inland buoy tenders, one of which happens
to be located in Petersburg, Alaska, and I've worked with your
predecessors on making sure Petersburg has coverage. It's a
really important community in my state, a great fishing
community that's also been very supportive of the Coast Guard
over the years.
Admiral Fagan. The Waterways Commerce Cutter is a critical
acquisition for the Nation. The cutters that we will replace
with that acquisition program, some of them have been in
service 70+ years, but we owe our workforce and the maritime
transportation system updated current modern Waterway Commerce
Cutters and we'll continue to work forward with that
acquisition to field those. I've got a sense of urgency around
the need to replace that capacity.
We'll come to you and your staff with regard to the--we're
still working through the phasing and homeport decisions and
lay down as those ships come online and happy to provide you
details on that.
Senator Sullivan. OK. That's an important community in my
state to continue a Coast Guard presence. So I'd like to get
details from you, Admiral, and your team on that one as it
relates to Petersburg.
And then second, you and I talked about this when we were
traveling with Senator Murkowski recently and this relates to
the Coast Guard asset in the City of Valdez.
In 2021, Valdez was designated a Coast Guard City. As you
know, that's not easy to do. You've got to meet a lot of
important commitments to do that. The city is very proud of
that designation.
Unfortunately, the city is concerned that the Coast Guard
has no plans to replace the U.S. Cutter LIBERTY when it retires
in a few years and as you know, Admiral, since you've spent a
lot of time out there, this is a really strategic area for
Alaska but also for America.
The Trans-Alaska Pipeline terminates at the Valdez Marine
Terminal and that's a very significant amount of the Nation's
oil supply. Valdez is the northern-most ice-free port and
supplies military munitions to five U.S. military bases located
in Alaska.
The Port of Valdez is a very large salmon fishery, handles
close to 70 million in fish exports annually, and the port
handles cargo and needed logistics equipment for major gold
mines and mining in Delta and Fairbanks and construction
equipment for resource development throughout the state,
including the North Slope of Alaska.
Perhaps we can discuss this in more detail. I'd like the
Coast Guard to look at extending the life of the LIBERTY in
terms of its being ported in Valdez and look at other
replacement options and maybe some ideas that you have that the
City and Municipality of Valdez can do to partner with the
Coast Guard to get a new vessel.
So can I get your views on that? You and I have talked
about it. I'd like to get your views.
Admiral Fagan. Thank you.
We remain focused to the commitment with regard to the Fast
Response Cutters that we're in the process of fielding in
Alaska. The Fast Response Cutter is a much more capable vessel
than the 87s. The 87s frequently experience weather limits. As
you know, it's a demanding operating environment up there, but
I commit to working with you as we continue to look at how we
meet our response requirements throughout the state of Alaska
and understand the criticality of Valdez, particularly with the
oil terminal in the salmon fishery, but look forward to working
with you to ensure that that community has appropriate
coverage.
Senator Sullivan. Great. Thank you.
Madam Chair.
STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
The Chair. Thank you, Senator Sullivan, and thank you for
anchoring this hearing.
I want to thank Senator Baldwin and you for holding the
hearing to begin with and the Subcommittee's great work and as
you and I know, the Coast Guard is a critical part of the
Northwest economy, the Northwest life, and everything else and
so we value them very, very much.
Admiral Fagan, glad to have you here, and Master Chief
Jones.
You know, I feel like we took two giant steps forward with
women in the Coast Guard, giant step forward when Coast Guard
realized that 40 percent of its workforce were women and said
we got to have the most progressive childcare family leave
policy in all branches of the military, and then when we were
able to vote out your nomination and get you before the Full
Senate and have you be the first woman as the head of an Armed
Service, there was real celebration from my colleagues.
So it is heartbreaking, maddening, frustrating, and
intolerable where we are today with this sexual abuse and
assault within the Coast Guard. We cannot tolerate the fact
that the Coast Guard did not notify us of this. We cannot have
the media be the policemen on the beat and I'm going to ask for
an IG inspection so that we can get to the bottom of all the
problems that have occurred here post the knowledge and
information.
Now I understand that you are relatively new. How many
months now on the job?
Admiral Fagan. 13 months.
The Chair. 13 months. And people are saying that a lot of
this took place from 2014 to 2020, but there are also reports
that there are things that have happened as recently as 2022.
So I need to hear from you what do you think are the
necessary steps to really give everybody a full accounting of
what's transpired and your recommendations on how we are going
to fix this and what is the reasoning why Congress wasn't
notified of the situation?
Admiral Fagan. We failed the Committee when we did not
disclose in 2020. I'm the Commandant now and I am committed to
that not happening again. I'm committing to moving forward in a
manner that's consistent with the transparency that I strive
for as Commandant and that you expect as the oversight
committee.
I have initiated a 90-day transparency and accountability
review to understand what are the aspects of the culture that
have allowed this to occur. It started as legacy sexual
assaults that were mishandled at the Coast Guard Academy, but
it is clear to me that we've got a culture in areas that is
permissive and allows sexual assaults, harassment, bullying,
retaliation, that's inconsistent with our core values. It is
not the workforce that I want or expect, and we have got work
to do.
We've made a lot of progress. We are not where we need to
be and that is the work that is in front of us. I am taking it
up with the sense of urgency. I commit to the Committee to
regularly report on the progress and will work with you as we
work to improve the climate for every Member of the workforce
so that they have a workplace and a workplace experience that's
safe and secure and that this ends.
The Chair. Well, Admiral, it's very frustrating to hear
that you think there is a culture of assault at the Coast Guard
and this is not going to be tolerated. It's not going to be
tolerated by us. It's not going to be tolerated by the American
people and we are going to hold people accountable and one of
the reasons we were excited about your nomination is because we
thought it was going to usher in a new era and I want to
understand what you think the principles are for changing that
culture now, but we are going to hold people accountable.
Admiral Fagan. So we do not have a culture of assault in
the Coast Guard.
The Chair. I think the exact words were legacy of culture
or cultural--well, we'll get the actual record.
Admiral Fagan. There was a legacy of mishandling of reports
of sexual assault at the Coast Guard Academy in the 1980s.
We've made an incredible amount of progress as an organization,
investing in policy of victim support, how we investigate and
hold accountable those perpetrators.
We are not the same organization today that we were in the
1980s, but we are not where we need to be. There are--just like
on a ship when you have rust, we've got pockets of rust that
need to be eliminated from the organization to ensure that
there's no silence around it, that every victim feels safe
coming forward, that they're supported, and that what the end
goal is that we have zero sexual assaults in the organization.
The Chair. So what are the three things that you are
undertaking to make sure that happens?
Admiral Fagan. The team that I'm putting together will
start with looking at everything with regard to accountability,
where we are with the UCMJ, changes in law around ability to
prosecute sexual harassment as well as sexual assault, looking
at our training system on how we are educating, how we're
talking about it, and the full host of levers that we've got as
an organization to ensure that we're where we need to be, that
the leaders understand their responsibilities, that they move
to acknowledge low-level behavior, comments, things that are
not appropriate, and begin to create a permissive environment
for more egregious activities that go on.
We're looking at any and all of it and move it forward.
We're not where we need to be despite all of the great work,
the establishment of the Special Prosecuting Attorneys' Office
that we're standing up this summer to move to align with the
other military services with regard to how sexual assault will
be handled, taking it, you know, into a special prosecutor and
outside of command lines.
We need to continue to move forward. We're not where we
need to be.
The Chair. What do we need to do at the very beginning of
the Academy to make sure that we're rooting out this kind of
behavior?
Admiral Fagan. The Academy will be part of the review and
there will be specific then tools and levers that we're going
to need to use with regard to the Academy. We're going to ask
the new superintendent to embark on some of that effort so we
can understand exactly where we are with the Academy and how do
we ensure that that behavior does not continue to occur at the
Academy.
This is a very different Coast Guard Academy today than it
was in the 1980s. You know, the experience that I and many of
us had in the 1980s compared to the experience that more
recently, as you know, my daughter's a graduate, she had in the
new class that's there now. We're light years ahead of where we
were but we're not where we need to be.
The Chair. So what is your understanding of the lack of
disclosure to Congress?
Admiral Fagan. I don't understand why we did not disclose.
When I found out about the totality of the Fouled Anchor
investigation, I directed that we move to begin notifying.
The Chair. And when was that?
Admiral Fagan. That was a few--it was when the CNN
investigation started asking questions. That was when I first
became aware of the totality of the Fouled Anchor.
The Chair. So did you know about it before or you just
thought it was one or two cases or what? What triggered this
awareness for you?
Admiral Fagan. So I knew generally of Fouled Anchor. I
needed to move to temporarily relieve a commanding officer
while I was the PAC Area Commander. It was one instance and I
knew it was part of a greater body of work, but I did not know
the full extent.
So when the team said we've got these Freedom of
Information Act requests, it became apparent to me that the
deliberation, the effort, the victim advocacy and support that
went on as part of it. When I found out the total extent, we
moved to disclose.
The Chair. Well, I just want to be clear. If I could pass
one bill in the entire Congress, it would be the Cantwell-
Boozman bill that supports journalism because I think
journalism gets us competition, perfect information, and is a
watchdog, but that is no excuse for the Coast Guard not having
a handle on this and it's not the way you should receive
information.
So what is it about your structure that you think you need
to change now that you know that all this was below you and you
didn't have full visibility to it?
Admiral Fagan. So this is part of the work we need to do is
understand what was known and how do we ensure this does not
happen again.
I'm committed to transparency. I'm committed to the
Committee. I'm going to provide regular updates, reports as we
delve into the body of work that's needed to ensure that we
don't have this happen again.
The Chair. And would that include relieving people of
positions?
Admiral Fagan. I need to understand who--whether we've got
jurisdiction to hold accountability and----
The Chair. Why wouldn't you have the ability to hold
somebody accountable if they didn't inform you or kept
information from reaching the highest levels?
Admiral Fagan. I may not have jurisdiction over those that
would have been in a position to make those decisions. They may
have moved out of the service and that's all part of what we're
working through.
The Chair. OK. Well, I'm still asking for an IG
investigation. We had a similar incident, not an incident on
sexual assault, but an incident where four young firefighters
lost their lives and we very much appreciated the Forest
Service looking at what went wrong, but we could see that the
previous fire, the same things went wrong and that no one
culturally implemented them.
So we're going to get a third party involved here to make
sure that we have the oversight, the evaluation, and the
Congress has transparency into the situation and what we need
to do.
So I could go on to ask you other questions but I don't
think so. I don't think I have the stomach to ask you other
questions about the Coast Guard budget. This is such a serious
matter. We have to fix it.
I think those two giant steps forward need to be real steps
forward. I don't know if my number was correct on 40 percent of
your workforce being women today, is that----
Admiral Fagan. It's 40 percent of the Coast Guard Academy.
The overall number in the force is probably closer to--it
varies by rank anywhere from 10 to 25 percent.
The Chair. OK. So what does that mean? We're taking in 40
percent and not graduating them or is that----
Admiral Fagan. So at the Coast Guard Academy, the intake
and graduation percentage is a great news story and it's a very
different Coast Guard Academy than what it was in the 1980s.
The class we just on boarded I think was 43 percent women,
the largest number of underrepresented minority males. It is an
incredible Academy. These are great young Americans and policy
and access reporting of care has improved dramatically, but we
have work to do.
The Chair. Master Chief Jones, do you agree this is an
intolerable situation?
Chief Jones. Absolutely, Senator.
The Chair. OK. And do you have any further comments about
what you think the Coast Guard should be doing here?
Chief Jones. In line with what the Commandant said, our
goal is to get up every single day. We strive for perfection.
We are better but better is not good enough and we won't accept
it until we make our Coast Guard the best it can absolutely be.
Every sentinel has the right to feel safe, trusted, valued,
included, and empowered in their workplace and that's what we
strive for every single day.
The Chair. Well, this needs to be a cultural change and so
I hope that you are going to put your full effort into this, as
well.
Chief Jones. Yes, ma'am.
The Chair. Thank you, Mr. Chairman.
Senator Sullivan. Thank you, Madam Chair.
This concludes our hearing. The hearing record will remain
open for two weeks, until July 27. Any Senators who would like
to submit questions for the record should do so by July 27. We
ask that your responses be returned to the Committee as quickly
as possible, in no case later than two weeks after receipt.
Again, I want to thank you, Admiral, Master Chief, for your
testimony today, and I want to once again on behalf of the U.S.
Senate please make sure you're telling the men and women of the
Coast Guard how much we appreciate their outstanding efforts
keeping our country, our fishermen, our coasts, so many
Americans safe, such an important service, the Coast Guard, and
you have our commitment to always be strong supporters of the
U.S. Coast Guard.
That concludes the hearing.
[Whereupon, at 11:33 a.m., the hearing was concluded.]
A P P E N D I X
Response to Written Questions Submitted by Hon. Maria Cantwell to
Admiral Linda L. Fagan
Operation Fouled Anchor I
Question 1. On June 30th, 2023, a CNN article revealed that the
Coast Guard had conducted a number of investigations, known as
``Operation Fouled Anchor,'' from 2014 to 2020 concerning cases of
rape, sexual assault, and sexual harassment that occurred at the Coast
Guard Academy (the ``Academy'') from 1988 to 2006. On June 30th, 2023,
Senator Baldwin and I sent a letter to you seeking additional
information regarding the investigations, and more specifically what
the Coast Guard did in response to the ``Operation Fouled Anchor''
findings. On July 12th, 2023, CNN published another article, ``CNN
uncovered a damning, secret investigation into sexual assault at the
U.S. Coast Guard Academy,'' revealing the lack of accountability with
respect to leaders who allowed these assaults to go unsolved.
What are the specific steps the Coast Guard is taking to address
the issue of sexual assault and harassment within its ranks and at the
Academy, specifically regarding ``Operation Fouled Anchor?'' Has the
Coast Guard changed its internal policies on sexual assault or sexual
harassment since the operation concluded in 2020? If so, what is the
new internal policy? If not, explain why the Coast Guard has not
changed its internal policy.?
Answer. The Coast Guard and Academy have taken significant strides
in addressing incidents of sexual assault and harassment. This includes
working closely with the DoD to establish new structures to support
historic reforms to the military justice system, which will remove the
prosecution of sexual assault and sexual harassment from the chain of
command. The Commandant directed a thorough 90-day Accountability and
Transparency Review (ATR) to identify areas for organizational
improvement in order to ensure a culture of accountability and
transparency throughout the Service.
The ATR team, led by a flag officer, is collaborating with internal
and external subject matter experts to identify areas for improving
victim support and accountability of sexual assault perpetrators. The
ATR is also investigating transparency barriers and inefficient
resource allocation. The team will present actionable recommendations
in a report, with the goal of enhancing awareness and compliance with
laws and policies regarding sexual assault prevention, response, and
recovery, increasing efficient resource utilization, and providing a
secure working environment for all Coast Guard personnel.
Coast Guard policies regarding sexual assault have evolved
significantly since Operation Fouled Anchor (OFA) concluded in 2020.
In 2021, the Coast Guard stood up the Sexual Assault
Prevention, Response, and Recovery (SAPRR) Oversight and Policy
Office and hired an Office Chief to establish strategic
direction and advise senior leadership.
In June 2022, the Coast Guard hired its first-ever
Integrated Prevention Program Manager (IPPM), a civilian
subject matter expert in integrating prevention efforts across
all harmful behaviors to include sexual harassment and sexual
assault. The IPPM will establish the foundational elements of
integrated primary prevention policies, procedures, products,
and outreach designed to build and strengthen protective
factors across the total force.
In 2022, the Coast Guard updated the SAPRR Program
Instruction to incorporate a ``Connect to Care'' policy, making
it easier for victims to access care and preserve reporting
options. Accessing care is the first step towards recovery and
Connect to Care exemplifies victim-centric service. The Connect
to Care policy mirrors the DoD's ``No Wrong Door'' approach to
seeking services.
Starting in December 2023, the Office of the Chief
Prosecutor will assume sole and independent referral authority,
among other authorities, for covered offenses (including sexual
assault), and a Special Trial Counsel will lead all
prosecutions of covered offenses.
Question 1a. At the Hearing (July 13, 2023), Admiral Fagan
announced a 90-day review as one of the actions taken in response to
the revelations regarding ``Operation Fouled Anchor.'' The following
questions concern that review.
What is the scope of the 90 day review, and who specifically
determined that scope?
Answer. The Commandant signed the memo directing the 90-day ATR of
current law, policy, processes, practices, resources, and Service
culture relevant to eradicating sexual assault and harassment in our
ranks. The memo sets out six specific lines of effort:
Line of Effort 1--Transparency. Assess barriers to
transparency, to include a review of existing sexual assault
and sexual harassment reporting requirements to Congress and
communications to our total workforce, including best practices
and lessons learned.
Line of Effort 2--Accountability. Examine existing law and
policy to determine if the Coast Guard has adequate ability to
hold perpetrators accountable. Review selected case history to
identify if this ability has been implemented adequately.
Include a review of the Academy cadet disciplinary process.
Line of Effort 3--Awareness. Examine our total workforce's
awareness and compliance with existing law and policies related
to sexual assault, sexual harassment, and antiharassment/
potential hate incidents (AHHI).
Line of Effort 4--Prevention. Assess the efficacy of ongoing
prevention efforts, to include a specific focus on sufficiency
of training and education over a members' career, and whether
appropriate resources are dedicated to this task.
Line of Effort 5--Climate and Culture. Leverage existing
data to assess gaps, seams, and opportunities for our total
workforce to serve in an environment free from assault,
harassment, assault, bullying, or retaliation; to feel
empowered and safe to report an incident; and to have
confidence in our adjudication and accountability processes.
Line of Effort 6--Victim Support. Examine the effectiveness
of our victim support and recovery services, with particular
attention to challenges at remote, rural, small, or deployed
units.
Question 1b. Does Rear Admiral Lafferty have the explicit, written,
authorization to expand that scope as she determines necessary? Does
she retain that authority throughout the review?
Answer. In conducting the review, RADM Miriam Lafferty, Coast Guard
Assistant Commandant for Reserve, reports to the Vice Commandant and
provides regular updates. While the scope of the review as directed is
broad, if RADM Lafferty believed the scope should be increased she can
request the change in scope from the Commandant.
Question 1c. What legal support will be provided to the 90-day
review, and who do the attorneys involved report to?
Answer. The Coast Guard Judge Advocate General (TJAG) recalled a
reserve JAG attorney and assigned that attorney full-time to support
the review. The attorney reports to RADM Lafferty and maintains legal
independence with support from TJAG.
Question 1d. How many personnel will be assigned to the review? How
many are currently assigned to the review team?
Answer. The Commandant's memo assigns RADM Lafferty to lead the
review, Mr. John Luce, Director of the National Pollution Fund Center,
to serve as the deputy, and Master Chief Ann Logan, Command Enlisted
Advisor for the Deputy Commandant for Operations, to serve as the
Command Enlisted Advisor for the review. In addition to attorney
support, the team has two Lieutenants, and two civilian employees
working full time. The review team also has two senior mentors (a
retired Vice Admiral who previously served as the Vice Commandant and a
retired Master Chief Petty Officer of the Coast Guard). The team has
explicit authority to leverage additional personnel and resources as
needed.
Question 1e. What are the policies, procedures, instructions, or
other guidance that apply to the 90-day review?
Answer. The Commandant's memo provides direction and explicit
guidance to the team and the team has broad authority to conduct its
review.
Question 1f. Who does Rear Admiral Lafferty report to during the
duration of the review, and what specifically does that reporting
entail?
Answer. RADM Lafferty reports to the Vice Commandant for the
duration of the review. Reporting entails both regular written and in-
person updates on the status of the review as well as personnel or
resource needs.
Question 1g. What final product (or products) are expected at the
end of the 90-day review?
Answer. The Commandant's memo directs RADM Lafferty to provide a
report which includes assessments, actionable recommendations, and
recommended investments associated with each line of effort. The
recommendations will focus on gaps and opportunities for improvement.
Question 1h. Does Rear Admiral Lafferty have the authority to
extend the review beyond 90 days? If so, what is the process for that
extension and how will Congress be notified of that action and expanded
scope if applicable?
Answer. RADM Lafferty can request an extension to the time-frame to
complete the review. The Commandant's memo directing the review notes
that the Coast Guard, through Congressional Affairs, will keep Congress
informed, including regarding any extensions to the duration of the
review.
Question 1i. Will the Coast Guard commit to preserving all
documents connected to the 90 day review, and all investigations or
reviews that stem from the initial 90 day review? This should include
staff recommendations, presentations, correspondence, investigation
notes, memorandums, and other materials used in conducing or informing
the review.
Answer. Yes.
Question 1j. Will the Coast Guard brief the Committee periodically
during the review, as well as after the review?
Answer. Yes. The Coast Guard will provide periodic updates to the
Committee during and following the review.
Question 1k. Will the review include an evaluation of legislative,
policy, or other barriers to the Coast Guard holding perpetrators,
leaders who mishandled cases at the time, and leaders who covered up
``Operation Fouled Anchor,'' accountable?
Answer. The review will examine existing law and policy to
determine if the Coast Guard has adequate ability to hold perpetrators
and others accountable.
Operation Fouled Anchor II
Question 2. How did the Coast Guard determine which cases were
included in ``Operation Fouled Anchor? Why did ``Operation Fouled
Anchor'' focus on rape, sexual assault, and sexual harassment crimes
between the years 1988 and 2006, when crimes were also committed prior
to 1998, and since 2006? How many other instances of rape, sexual
assault, and sexual harassment occurred during this time period but
were not included in ``Operation Fouled Anchor?'' If the Coast Guard
were to receive reports of incidents before, during, or after that time
period related to the Academy how would those cases be handled today?
How many additional reports have been received by CGIS or others in the
Coast Guard since the Final Action Memorandum was signed in 2020? How
many reports have been made since the CNN piece aired on June 30th?
Answer. In 2014, the Coast Guard became aware of mishandled sexual
assault allegations at the CGA and subsequently opened an investigation
into those cases. Coast Guard Investigative Service special (CGIS)
agents had broad authority to follow any credible leads, ultimately
investigating more than 100 leads into 46 subjects related to sexual
assaults that were alleged to have occurred between 1988 and 2006. In
light of improvements to policy, any allegations of sexual assault
reported after OFA was closed or falling outside the scope of OFA would
have been referred to CGIS for separate criminal investigation.
Since February 2020, there have been 31 allegations of sexual
assault at the CGA, all of which were reported to, and investigated by,
CGIS. There have been no reports of such incidents since June 30, 2023.
The CGA is committed to ensuring the safety and well-being of its
students and has implemented various measures to prevent and address
sexual misconduct.
Question 2a. What administrative measures or procedures are being
implemented by the Coast Guard to enforce the application of ``loss of
confidence'' as a disciplinary action for individuals involved in
sexual assault and harassment cases between 1988 and 2006 who were
investigated under ``Operation Fouled Anchor?'' What law or policy
changes is the Coast Guard seeking to enable the service to hold
retired perpetrators accountable for committing sex crimes?
Answer. Per Coast Guard policy (Military Assignments and Authorized
Absences, COMDTINST M1000.8A), ``loss of confidence in the judgment and
ability'' of members serving in certain leadership positions is grounds
for Relief for Cause (RFC). Likewise, a loss of confidence in the
ability of any member, who is not in command, to perform their primary
duties could be the basis to initiate the Removal from Primary Duties
(RPD) process. Unsatisfactory Conduct, including sexual harassment and
assault, could constitute the basis of either a relief or removal
action. Neither an RFC nor RPD, however, would preclude or take the
place of criminal action under the Uniform Code of Military Justice
(UCMJ), where not barred by the statute of limitations. Although the
RFC and RPD processes were not employed against the two members against
whom allegations were substantiated, the Coast Guard did exercise its
personnel authorities to deny both members from assuming Commanding
Officer positions and promoting to the next grade.
The Coast Guard is currently conducting a 90-day ATR to evaluate
current law and policy related to sexual assault response and
prevention. The results of that review will inform policy changes and
recommendations for changes to law.
Currently, the law allows retired members to be involuntarily
recalled to face court-martial charges for crimes committed while on
active duty, if within the statute of limitations.
Question 2b. According to the CNN article titled ``Criminal
investigation into Coast Guard Academy revealed years of sexual assault
cover-ups, but findings were kept secret,'' there were cases wherein
leaders disciplined sexual assault survivors for ``engaging in lewd
acts,'' and failed to hold the perpetrators accountable. Will the Coast
Guard commit to investigating leaders if they broke the law or Coast
Guard policy in failing to refer known cases of sexual assault,
including violent rapes, to court martial? If not, explain why the
Coast Guard is not investigating these leaders.
Answer. OFA investigated the actions of CGA leadership during the
period in question. The Consolidated Disposition Authority did not find
a violation of law by any of those in leadership positions but
determined that CGA leadership often failed to undertake sufficient
action to ensure a safe environment, promote and maintain a climate
conducive to reporting incidents of sexual assault, and adequately
investigate alleged offenses. While administrative action might have
been available against some of these officers, at the conclusion of the
investigation, none were still in the Coast Guard, thus precluding
application of administrative actions.
Question 2c. What resources currently exist for victims of sexual
assault and sexual harassment within the Coast Guard? What additional
support will the Coast Guard provide to the survivors since Operation
Fouled Anchor was reported?
Answer. Reports of sexual harassment are handled by the Coast
Guard's Anti-Harassment Program Office and reports of sexual assault
are handled by the Coast Guard's SAPRR program. Reports of sexual
harassment and unrestricted reports of sexual assault are also handled
by military justice processes and investigations. SAPPR-eligible
victims have the option to file a restricted report and receive SAPRR
services, medical treatment, counseling, and referrals to community
resources. Victims of either offense can request the detail of a
Special Victims' Counsel. Victims of sexual harassment are afforded
support services through the Coast Guard's Employee Assistance Program.
Victims of sexual assault are provided victim-centric and victim-
informed care to include non-chargeable leave options to aid recovery
efforts and availability of professional victim advocates. They can
also request separation from subjects through re-assignment/detail.
Former CGA cadets are eligible for SAPRR services, including access
to victim advocates and Special Victims' Counsel, and can also seek
support from the U.S. Department of Veterans Affairs.
Question 2d. Now retired Vice Admiral McCallister sent a
memorandum, titled ``'Fouled Anchor' Investigation--Final Report,'' to
Coast Guard leadership on January 31st, 2020, that referenced a statute
of limitations in Coast Guard policy that restricts the Coast Guard's
ability to enter administrative actions into personnel records. What
policy was Vice Admiral McCallister referencing in his memo? Has the
Coast Guard changed that internal policy since January 31st, 2020?
Answer. Commandant Instruction 1000.14D, Administrative Remarks,
Form CG-3307, states that ``Authorized personnel may issue
Administrative Remarks, Form CG-3307, documentation for incidents
within two years of the date of the incident, or within two years of
the date that the command knew, or should have known, about the
incident.'' The current policy was in place at the time Vice Admiral
McCallister signed the memo.
Question 2e. The Air Force recently implemented a zero tolerance
policy for sexual assault and sexual harassment. Does the Coast Guard
have a similar policy? If not, will the Coast Guard commit to pursuing
a zero tolerance policy consistent with the Air Force policy which
includes ``the presumption is that members who commit sexual assault
will be discharged?'' If so, please provide timeline for when that
policy will be completed and implemented.
Answer. On May 2, 2023, the Vice Commandant signed a policy memo
that aligns the Coast Guard's administrative separations policy related
to sexual assault with the Air Force's policy referenced in your
question and the Coast Guard is currently in the process of
implementing these changes. Additionally, in February 2023, the Coast
Guard promulgated COMDTINST M5350.6, Harassing Behavior, Prevention,
Response, and Accountability, which requires initiation of separation
proceedings for all substantiated incidents of sexual harassment.
Question 2f. What is the Coast Guard's policy for discipline of
commanding officers who do not adhere to appropriate oversight,
investigation, or discipline of individuals accused of sexual assault
or sexual harassment? Has the Coast Guard ever disciplined a commanding
officer (active duty or retired) for failing to hold a perpetrator
accountable? Please describe each instance where discipline occurred.
Answer. Commands are required to report all sexual assault
allegations to CGIS and to the first flag officer in a chain of command
for an initial disposition decision. Failing to appropriately follow
these procedures would implicate Article 92 of the UCMJ, which pertains
to dereliction of duty. Likewise, the Coast Guard's Anti-Harassment
Policy establishes that failure to investigate or appropriately address
a report of harassment, including sexual harassment, constitutes a
violation of the UCMJ. Violations of the UCMJ are punished either
administratively or by court-martial. The Coast Guard is not aware of
any case in which an officer was disciplined for failing to properly
report or investigate an allegation of sexual assault or harassment.
Question 2g. The Independent Review Commission on Sexual Assault in
the Military (``IRC'') was established by President Biden to improve
oversight and treatment of sexual assault cases in the armed forces.
Did any member of the IRC invite the Coast Guard to participate
formally, or informally, in the IRC process? Did the Coast Guard
participate in the IRC, if so, please provide names, titles, dates, and
the nature of that participation.
Answer. Although the Coast Guard did not participate in all aspects
of the Independent Review Commission on Sexual Assault in the Military
(IRC), representatives from the Coast Guard worked closely with their
service colleagues to help draft and comment on IRC policy
recommendations. IRC leadership met with Admiral Melissa Bert (TJAG),
and two senior lawyers from the Coast Guard's Judge Advocate General's
staff, who served as military justice subject matter experts on the
Accountability Working Group Consultive Team. This report and its
recommendations were shared with DHS and the Coast Guard. The Coast
Guard identified 42 actionable recommendations applicable to the
Service. The timeline for implementation is still being determined.
Operation Fouled Anchor III
Question 3. The IRC made 82 recommendations concerning handling of
sexual assault cases by the military. While the IRC Report was
published only one month ago, other branches began instituting reforms
prior to the completion of the report. Please list each recommendation
that has been implemented by the Coast Guard to date, and describe the
specific actions taken by the Coast Guard in response to those
recommendations.
Answer. Please see the below ``Plan of Action and Milestones
(PoAM)'' for the IRC recommendations relevant to the Coast Guard.
PoAM for IRC Recommendations
------------------------------------------------------------------------
Estimated
Action Items Date of Responsible Comments Progress
Completion Office, POC
------------------------------------------------------------------------
LINE OF EFFORT (LOE) 1: ACCOUNTABILITY
------------------------------------------------------------------------
1.2 Complete CG-00H COMPLETE
Independent,
trained
investigator
s for sexual
harassment
and
mandatory
initiation
of
involuntary
separation
for all
substantiate
d complaints
------------------------------------------------------------------------
1.3 Judge- Unknown--Requ LMJ Coast Guard IN PROGRESS
ordered ires in
Military coordination coordination
Protective with DoD. with DoD to
Order(s) for determine
victims of feasibility
sexual of
assault and implementing
related in the
offenses absence of
legislative
action.
------------------------------------------------------------------------
1.4 Complete LMJ/OCP The first COMPLETE
Professional group of
ized career special
billets for trial
military counsel have
justice received the
personnel necessary
handling training and
special are assigned
victim to the OCP
crimes and Office
of Military
Justice.
------------------------------------------------------------------------
1.5 Judge- Complete LMJ/OCP Section 539E COMPLETE
alone of NDAA
sentencing FY2022
in all directed
noncapital judge-alone
general and sentencing
special pursuant to
courts- certain
marital and parameters
establishmen and criteria
t of and was
sentencing carried out
parameters through the
2023 updates
to the
Manual for
Courts-
Martial per
E.O. 14103
issued July
28, 2023.
------------------------------------------------------------------------
1.6 Officer Complete CG-1M COMPLETE
Accessions,
Evaluations
&
Promotions:
Substantiate
d incident
requires
documentatio
n in OER
------------------------------------------------------------------------
LOE 2: PREVENTION
------------------------------------------------------------------------
2.1 Develop FY 2024 Integrated IN PROGRESS
data Primary
collection Prevention
plan (IPP)
------------------------------------------------------------------------
2.1b The FY 2025 CG-1M IN PROGRESS
services
should
develop and
hold leaders
appropriatel
y
accountable
for
prevention
------------------------------------------------------------------------
2.1c The FY 2025 IPP IN PROGRESS
services
should equip
all leaders
to develop
and deliver
informed
prevention
messages in
formal and
informal
settings
------------------------------------------------------------------------
2.2 Establish FY 2025 DCMS-DPR IN PROGRESS
a dedicated
primary
prevention
workforce
------------------------------------------------------------------------
2.2c The FY 2025 DCMS-DPR IN PROGRESS
services
should
determine
the optimum
full-time
prevention
workforce,
and equip
all echelons
of active
duty, and
reserves
------------------------------------------------------------------------
2.3 Implement FY 2025 DCMS-DPR IN PROGRESS
community-
level
prevention
strategies
unique to
Service
members' and
environments
------------------------------------------------------------------------
2.3a The FY 2025 DCMS-DPR IN PROGRESS
services
should
resource and
implement
prevention
strategies
at
organization
al and
community
levels
------------------------------------------------------------------------
2.4 Modernize FY 2025 DCMS-DPR IN PROGRESS
prevention
education
and skill-
building to
reflect
today's
generation
of Service
Members
------------------------------------------------------------------------
2.5 Identify FY 2025 DCMS-DPR IN PROGRESS
and actively
support
service
members with
the most
effective
prevention
intervention
s
------------------------------------------------------------------------
2.5a The FY 2025 HSWL SC IN PROGRESS
services
should
institute a
pilot
program to
link Service
Members with
resources
and support
------------------------------------------------------------------------
2.5b The Complete CG-1K COMPLETE
Services
should
employ
virtual
platforms to
provide
support to
all Service
Members
------------------------------------------------------------------------
LOE 3: CLIMATE AND CULTURE
------------------------------------------------------------------------
3.1 USD (P&R) FY 2024 CG-0922 IN PROGRESS
should
direct the
services to
educate the
forces about
sexual
harassment
and sexual
assault
within the
context of
the
services'
core values
------------------------------------------------------------------------
3.2 DoD must FY 2024 DCMS-DPR COMPLETE
execute on
the
principle
that
addressing
sexual
harassment
and sexual
assault in
the 21st
century
requires
engaging
with the
cyber domain
------------------------------------------------------------------------
3.2b Educate FY 2024 CG-00H IN PROGRESS
leaders on
cyber
harassment
and
technology-
facilitated
sexual
harassment
and sexual
assault
------------------------------------------------------------------------
3.2c Hold Complete DCMS-DPR COMPLETE
Service
Members
appropriatel
y
accountable
who engage
in cyber
harassment
and other
forms of
technology-
facilitated
sexual
harassment
and sexual
assault
------------------------------------------------------------------------
3.3 Use Complete Select: PSC COMPLETE
qualitative Develop: DCMS-
data to DPR
select and
develop the
right
leaders for
command
positions
------------------------------------------------------------------------
3.3a Use Complete Select: PSC COMPLETE
qualitative Develop: DCMS-
data to DPR
select and
develop the
right
leaders
------------------------------------------------------------------------
3.3b Include Complete DCMS-DPR COMPLETE
a meaningful
narrative
section in
the
performance
evaluations
for Officers
and NCOs
------------------------------------------------------------------------
3.4 Building FY 2024 DPR-5 IN PROGRESS
a climate
for the
reduction of
sexual
harassment
and sexual
assault as a
fundamental
leader
development
requirement
------------------------------------------------------------------------
3.5b The Dependent on CG-00H Coordination IN PROGRESS
SECDEF DoD timing with DoD
should stakeholders
direct the
services to
develop a
formal
system to
share
climate
survey data
at the unit
level and
initiate and
evaluate
corrective
action plans
(CAPS) with
guidance
from USD
(P&R) to set
requirements
for sharing
DEOCS
results and
developing
action plans
------------------------------------------------------------------------
3.5c SD (P&R) Complete CG-00H Coordination COMPLETE
should with DoD
accelerate stakeholders
efforts to
develop a
validated
``climate
benchmark''
to measure
healthy and
unhealthy
climate at
the unit
level
------------------------------------------------------------------------
3.5d Assess Complete CG-00H COMPLETE
whether
current DoD
policies and
Equal
Opportunity
workforce
have the
capacity to
help
commanders
resolve
climate
issues
------------------------------------------------------------------------
3.6 The Complete CG-LMJ COMPLETE
services
should
publish the
nature and
results of
all
disciplinary
actions
related to
sexual
misconduct
and
disseminate
this
information
to troops
periodically
------------------------------------------------------------------------
LOE 4: VICTIM CARE AND SUPPORT
------------------------------------------------------------------------
4.1 Optimize FY 2024 CG-1K4 IN PROGRESS
the victim
care and
support
workforce
------------------------------------------------------------------------
4.1a Move FY 2024 CG-1K4 IN PROGRESS
SARCS and
VAs from the
command
reporting
structure
------------------------------------------------------------------------
4.1b Complete CG-1K4 COMPLETE
Eliminate
collateral
duty for
SARCs and
VAs, with
exceptions
for ships,
submarines,
and isolated
installation
s
------------------------------------------------------------------------
4.1c Explore Complete HSWL SC POC: COMPLETE
the co- HSWL SC CO
location of
SAPRR with
other
special
victim
services,
such as FAS,
to improve
coordination
,
collaboratio
n, and
consistency
in victim
support
------------------------------------------------------------------------
4.1d Train N/A SME non- Per CGIS, RECOMMENDAT
medical concurs with will not ION NO
personnel to IRC rec implement; ADOPTED
perform SAPRR
basic agrees.
forensic
evidence
collection
in deployed
and isolated
environments
(as part of
the health
care
encounter,
not full
SAFE exams)
------------------------------------------------------------------------
4.2 Center Complete CG-1K4 COMPLETE
the survivor
to
facilitate
healing and
restoration
------------------------------------------------------------------------
4.2a Complete CG-1K4 COMPLETE
Implement
the ``No
Wrong Door''
approach to
sexual
harassment,
sexual
assault and
domestic
abuse across
the Service
------------------------------------------------------------------------
4.2b Complete CG-1K4 COMPLETE
Institute a
``Commanders
Package''
prepared by
the SARC or
VA with
recommendati
ons for
victim care
and support
------------------------------------------------------------------------
4.2c Allow Complete CG-1K4 CG-1M3 COMPLETE
survivors
flexibility
to take non-
chargeable
time off for
seeking
services or
time for
recovery
from sexual
assault
------------------------------------------------------------------------
4.2d Increase Complete CG-1K4 COMPLETE
victim
agency and
control of
the response
process by
maximizing
adherence to
the survivor
preference
on reporting
status and
centering
survivor
preferences
in expedited
transfers
------------------------------------------------------------------------
4.3 Re- FY 2027 CG-1K4 DoD SAPRTEC IN PROGRESS
envision pending
training and
research to
improve
victim care
and support
------------------------------------------------------------------------
4.3b Develop Complete FC-T COMPLETE
training to
enhance the
capacity of
SARCS and
SAPRR VAs to
provide
culturally
competent
care to
service
members who
are racial
or ethnic
minorities,
LGBTQIA+,
religious
minorities
and men who
experience
sexual
assault
------------------------------------------------------------------------
4.3c Revise FY 2025 FC-T IN PROGRESS
and update
training
modules on
appropriate
response to
sexual
assault and
sexual
harassment
in
professional
military
education
and for
officers and
NCOs
------------------------------------------------------------------------
4.3d Use an FY 2024 CG-1K4 IN PROGRESS
action
research
model to
identify
root
problems,
test
intervention
s, and
create best
practices
and increase
the
administrati
on of user
satisfaction
surveys to
obtain
continuous
feedback
from
survivors
------------------------------------------------------------------------
Question 3a. For each IRC recommendation that has not been
completed to date by the Coast Guard, please list in your priority
order, each recommendation that will be implemented by the Coast Guard.
For each recommendation that will be implemented by the Coast Guard,
include your estimated date of completion, as well as any policy,
legislative change, personnel and funding requirements for each
recommendation.
Answer. Please see above IRC PoAM. Listed in order of priority:
LOE 4
LOE 2
LOE 3
LOE 1
CDAO
Question 4. The Committee notes that the Coast Guard had pre-
existing authorities regarding data management that was delegated down
from the Department of Homeland Security Chief Information Officer to
the Coast Guard Chief Information Officer prior to the passage of the
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
(P.L. 117-263) (``FY23 NDAA''), which was signed into law on December
23rd, 2023.
The Coast Guard now has a Chief of Data and Artificial Intelligence
(the ``CDAO''), authorized in the FY23 NDAA, that works outside the
Chief Information Officer structure. Are there additional authorities
the Coast Guard needs to better position the Service for data and
artificial intelligence success?
Answer. The direct authorities granted to the Commandant under 14
U.S.C. Sec. 504(a)(26) provide initial authority to position the
Service for data and artificial intelligence (AI) success. The Coast
Guard has evolved as an organization to recognize that management of
data and AI is not just a function of information technology but a
broader organizational responsibility. As such, the Chief of Data and
Artificial Intelligence (CDAO) is positioned outside the Chief
Information Officer (CIO) structure to maximize support to the
Operational Commander and better align with the other military
services.
While some CDAO authorities, such as enterprise data management,
are similar in function to authorities provided to DHS CIO, new
business structures designed to foster innovation deserve well
structured, clear, and effective statutory frameworks. Thus, the Coast
Guard supports a holistic review of existing authorities to ensure
support for data asset management best practices and appropriate AI
capability implementation. The Service is committed to working with the
Committee to identify any gaps or duplicative authority and, if
necessary, developing appropriate legislative change proposals.
OceanGate Submersible Titan
Question 5. The OceanGate submersible Titan was not a U.S. flagged
vessel and was never certified by the U.S. Coast Guard. Per the Coast
Guard, a submersible vessel of less than 100 gross tons that carries at
least one passenger for hire, as defined by 46 U.S.C. Sec. 2101, is
subject to inspection under 46 U.S.C. Sec. 3301 as a small passenger
vessel.''
Are there any other similar submersible platforms that may be
operating without safety inspections in the United States today?
Answer. The Coast Guard has records of two submersible vessels
designated by the Coast Guard as oceanographic research vessels (ORVs)
in accordance with 46 Code of Federal Regulations (CFR) Part 3. These
vessels are subject to the safety requirements of 46 CFR Chapter I,
Subchapter C, which does not require mandatory inspections. Both
vessels are owned by OceanGate.
The operations of submersible ORVs are restricted to oceanographic
or limnological research, or instruction in oceanographic or
limnological research, and may only carry scientific personnel, as
defined by 46 U.S.C. Sec. 2101(41).
The Coast Guard knows of six submersible vessels that are currently
under Coast Guard inspection and is not aware of other submersible
passenger vessels that should be inspected but are not.
Question 5a. What is the Coast Guard doing to improve the oversight
and safety of unique vessels, like the Titan submersible, immediately
while the MBI is underway?
Answer. The Coast Guard conducted a review of all known submersible
vessels and found that the two ORVs (uninspected) and the six small
passenger vessels (inspected) are correctly designated and are subject
to the appropriate regulatory safety regimes. As the investigation by
the Marine Board of Investigations (MBI) continues, the Coast Guard
will evaluate if additional immediate actions are necessary to maintain
an acceptable level of safety.
Question 5b. If the owner(s) of the Titan had sought U.S. flag
registration, what criteria would the Coast Guard have used before
approving registration for this kind of vessel? Would the criteria be
different for an ocean research vessel as opposed to a passenger
vessel? If yes, in what ways would the criteria differ?
Answer. The regulatory requirements for Coast Guard documentation,
sometimes referred to as ``registration,'' are found in 46 CFR Part 67.
In general, vessels of five net tons or larger are required to be
documented and have a Certificate of Documentation. Passenger vessels
that make coastwise voyages with paying passengers are required to hold
a Certificate of Documentation with a Coastwise endorsement.
An ORV is not required to hold a Certificate of Documentation
because ORVs are deemed not to be engaged in commerce or trade (P.L.
89-99).
The requirements for documentation are separate from the
requirements for design, equipment, manning, and operation of a vessel.
The applicable requirements are determined based on the service in
which the vessel engages, the number and type of people being carried,
and the vessel's tonnage (gross tons) as measured under 46 CFR Part 69.
The graphic below summarizes the applicable subchapter under 46 CFR
that the Coast Guard would use to regulate small passenger vessels,
passenger vessels, and ORVs. Given our current understanding of the
TITAN's operations, the vessel would have been inspected under 46 CFR
Subchapter T, if it was carrying passengers (with at least one for hire
as defined in 46 USC Sec. 2101(30)), or subject to 46 CFR subchapter C,
if it was designated as an ORV. Subchapter T includes detailed
requirements for design, construction, lifesaving, fire protection,
navigation, operations, and mandatory Coast Guard inspections.
Subchapter C requires only basic safety equipment (life jackets and
fire extinguisher). The regulation does not require mandatory
inspections or design or construction standards.
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Question 5c. 49 U.S.C. Sec. 1118(b) provides the National
Transportation Safety Board (``the NTSB'') the authority to receive a
special appropriation as an ``emergency fund'' to the cover necessary
expenses that arise from a major marine casualty investigation when the
NTSB is designated as the lead Federal agency. Does the Coast Guard
have a similar emergency appropriation authority available to pay for
large expenses, such as the MBI Titan investigation and salvage
operation, when the Coast Guard is designated as the lead Federal
agency? If not, please provide technical drafting assistance for the
Committee to consider that would provide the Coast Guard parity under
this authority
Answer. The Coast Guard does not have an emergency appropriation
authority similar to that of the National Transportation Safety Board
(NTSB). The Coast Guard funds the costs of major marine casualty
investigations using existing operational funds. The Coast Guard has
not thoroughly evaluated the need for a special appropriation authority
similar to the NTSB's and cannot opine regarding whether such a fund
would be beneficial.
Polar Security Cutter
Question 6. The Coast Guard aimed to have the first new Polar
Security Cutter (``PSC'') delivered in 2024, but the ship's delivery
has been delayed repeatedly since then.
What has caused this delay in the PSC acquisition program and when
is the earliest date by which the Coast Guard estimates the first PSC
will be constructed due to this delay? When can we expect the first PSC
to deploy on Operation Deep Freeze?
Answer. While significant progress on the design of the icebreaker
has been accomplished, the shipbuilder and designer have faced
challenges in converging the functional design. The Coast Guard is
working with the shipbuilder to attain Final Critical Design Review by
the end of the calendar year. Under this timeframe, the Coast Guard
projects the start of construction would occur in the second quarter of
FY 2024. The Coast Guard projects the first PSC will be delivered
approximately four years after the start of construction and will not
be available to support Operation Deep Freeze until 2028, at the
earliest.
Question 6a. Who is being held accountable from the Coast Guard and
Navy Joint Program Office for not conducting proper due diligence when
awarding this contract? If no one is being held accountable, explain
why.
Answer. The Coast Guard and the Navy awarded the PSC Detail Design
& Construction contract in accordance with a peer reviewed solicitation
that followed an approved source selection plan and guidance from the
DoD source selection procedures. At the time, proper due diligence was
followed to select a contractor that represented the best value to the
Government.
Question 6b. The medium icebreaker, the Seattle-based Coast Guard
Cutter HEALY, is the Nation's only platform for research in the Arctic.
When will the Coast Guard pursue recapitalization of the medium
icebreaker fleet? If the Coast Guard is not planning to pursue
recapitalization of the medium icebreaker fleet in the next five years,
explain the rationale
Answer. The CGC Healy and R/V Sikuliaq are the Nation's only
platforms for research in the ice-covered waterse of the Arctic. The
medium polar icebreaker recapitalization is in the Need Phase of the
DHS acquisition lifecycle. The Coast Guard is working through the DHS
Joint Requirements Integration and Management System (JRIMS) process to
document the surface capability gaps in the Arctic region. The DHS
Joint Requirements Council validated the Coast Guard's Arctic Surface
Capability Analysis Report in July 2023. As the next step in the JRIMS
process, the Coast Guard is drafting the Arctic Surface Mission Needs
Statement, which will assess the Service's need for medium polar
icebreakers.
Question 6c. Coast Guard senior leaders testified to the House of
Representatives on April 18th, 2023, and June 21st, 2023, that the
service had recently signed out a new fleet mix analysis that concluded
that the Coast Guard will require a total of eight to nine polar
icebreakers to perform its various polar missions in the coming years.
Prior to this new fleet mix analysis, Coast Guard officials stated that
the service would need at least six polar icebreakers, including three
capable of breaking heavy polar ice. What factors and considerations in
the new fleet mix analysis led to the new conclusion that the Coast
Guard will require eight to nine polar icebreakers, as opposed to the
earlier figure? In the new fleet mix analysis, how many of the eight to
nine polar icebreakers are PSCs or other heavy polar icebreakers?
Answer. Previous fleet mix analyses assumed continuous surface
presence (1.0 coverage) in the Arctic with seasonal surface presence
(0.5 coverage) in the Antarctic. The most recent fleet mix analysis,
dated April 11, 2023, incorporated updated presence needs, scheduling
assumptions, and ice coverage to determine the number of polar-capable
icebreakers necessary to carry out high-latitude operations. Due to
increases in military, commercial, and recreational surface activity
across the Arctic, this fleet mix analysis assumed persistent surface
presence in both the Eastern and Western Arctic (2.0 total coverage)
and seasonal presence (0.5 coverage) in the Antarctic. This level of
presence requires a minimum fleet of eight to nine polar-capable
icebreakers, of which at least three must be heavy polar icebreakers.
Question 6d. In the Coast Guard's FY 2024 budget request, there is
a $125 million request to purchase an existing commercially available
polar icebreaker that would later undergo modifications to become a
Coast Guard polar icebreaker. Will the Coast Guard need additional
funding beyond the $125 million purchase price to make these
modifications? If so, what are the additional costs? If the
commercially available icebreaker is funded at the requested $125
million in the FY 2024 appropriation, how long would it take the Coast
Guard to acquire the vessel and reach initial operating capability and
arctic deployment?
Answer. The Coast Guard completed a funding analysis in 2020-2021,
which estimated a cost of $547 million for the purchase, modification,
operation, sustainment, and temporary homeporting of a domestic
commercial polar icebreaker over the first five years of service.
While this analysis provides a broad understanding of the cost
drivers contributing to the total acquisition cost of a commercially
available polar icebreaker, refinement of the cost estimates will be
necessary based on updated market research, economic conditions, and
assumptions.
The Coast Guard expects to achieve Initial Operational Capability
18-24 months from the time funds are appropriated.
Question 6e. What is the earliest date by which the Coast Guard
estimates the GLIB will be delivered? Are there any current delays in
the acquisition? If there are delays, explain what they are, and how
the Coast Guard will resolve them.
Answer. The acquisition process is designed to assess specific
mission gaps and proper material and non-material solutions, and is
statutorily required in accordance with 14 U.S.C. Sec. Sec. 1131, 1132.
Based on these statutory requirements and the complexity of building an
icebreaker, the Coast Guard anticipates that it would take
approximately 10 years from the time funds are appropriated to deliver
a new heavy Great Lakes Icebreaker (GLIB). However, until an
acquisition is formally initiated, schedules and projected delivery
timelines are notional as they are dependent on receipt of an
appropriation and the shipbuilding industrial base's capacity,
interest, and availability to meet program requirements. The Program
has completed all requirements to proceed beyond Acquisition Decision
Event One (ADE-1) upon the appropriation of funds, which is the formal
establishment of the acquisition program and the start of the Analyze/
Select Phase. The Coast Guard does not anticipate delays for executing
the Analyze/Select Phase.
Question 6f. What resources, additional authorities, or
modifications of current authorities does the Coast Guard need in order
speed up the acquisition of the GLIB? If additional authorities are
required, please provide technical drafting assistance to the Committee
as a part of the answer.
Answer. Initial examination of the Federal Acquisition Regulations
yielded few opportunities to accelerate the GLIB acquisition timeline.
The Coast Guard is consulting with its lawyers and acquisition
professionals to find efficiencies in the Acquisition Lifecycle
Framework to improve upon initial GLIB delivery timeline projections.
52-Foot Motor Lifeboat Replacement Program
Question 7. The 52-foot motor lifeboat replacement program was
fully authorized in the FY23 NDAA. These boats are responsible for
opening the Columbia River Bar, wherein the Columbia-Snake River
shipping channels move 50 million tons of cargo, valued at near $24
billion each year, on average. The Coast Guard was appropriated $12
million in FY23 for the 52-foot motor lifeboat, yet the FY24
President's Budget was silent on funding for the program. Additionally,
the Coast Guard's FY24 Unfunded Priority List requests $24 million for
the procurement of two boats, well short of the 12 needed to fully
replace the decommissioned 52-foot fleet.
What is the full acquisition plan for the replacement of all twelve
52-foot motor lifeboats?
Answer. Following the receipt of funding in the FY 2023
Consolidated Appropriations Act, the Coast Guard established a non-
major acquisition program to recapitalize the legacy fleet of four
Special Purpose Craft Heavy Weather (SPC-HWX) boats. An acquisition
plan is being developed to support the program. The program achieved
ADE-1 in April 2023 and entered the Analyze/Select phase of the
acquisition. The program intends to release a Request for Information
with a draft Request for Proposal (RFP) by the end of FY 2023 to
solicit industry feedback, and the final RFP is planned for release in
Q3 FY 2024. Following attainment of ADE-2, the first hull will be
ordered (projected for Q3 FY 2025). The funding provided in the FY 2023
Consolidated Appropriations Act is sufficient for the program to
complete all required activities associated with the Analyze/Select
phase and release the RFP.
Question 7a. Fishing communities rely on these vessels for search
and rescue, and part of that rescue is towing large disabled fishing
vessels that exceed the towing capacity of the 47-foot motor lifeboat
back to port. Will the Coast Guard be ensuring that the next generation
of the 52-foot motor lifeboats will be able to meet or exceed the
towing capacity of the now decommissioned 52-foot motor lifeboat?
Answer. Yes, the replacement vessel's requirements and
specifications will ensure the towing capacity equals or exceeds the
towing capacity of the legacy fleet. The Coast Guard understands the
range and tow limitations of the 47-foot Motor Life Boat compared to
the 52-foot SPC-HWX and the importance of providing an asset that is
capable of operating in the extreme conditions of the maritime
environment in the Pacific Northwest.
Question 7b. Are there ongoing research and development efforts or
plans for future upgrades or replacements of the 52-foot motor
lifeboat? How does the Coast Guard ensure that the vessel remains
technologically relevant and aligned with the evolving operational
requirements, while maintaining ``as capable'' towing capacity of the
decommissioned 52' motor lifeboats?
Answer. The Coast Guard does not currently have any ongoing
research and development efforts in conjunction with the SPC-HWX
recapitalization. As part of pre-acquisition activities, the Coast
Guard conducted market research and targeted industry engagements with
U.S.-based boatyards and design firms, which confirmed there is a
competitive field of boat builders with the capability to support the
52-foot (SPC-HWX) replacement acquisition. The requirements are being
reviewed by a broad group of Coast Guard operators and technical
authorities to ensure they are representative of the operational need
and achievable in the marketplace.
Combat Related Special Compensation
Question 8. The women and men of the Coast Guard that operate the
52-foot motor lifeboats do so in extreme job conditions. Due to these
conditions, members often suffer from frequent injuries and have to
deal with the challenges of being stationed in remote locations that
lack support services like medical and child care. How will the Coast
Guard better support Coast Guard surfmen and their families stationed
in these areas? What proactive steps will be taken to initiate this
support?
Answer. Coast Guard active-duty members have access to the Coast
Guard Military Child Care in Your Neighborhood Fee Assistance Program.
Members can access their local state licensed, community-based
childcare (Family Childcare Homes or Center-based care) and receive a
subsidy to offset the cost of childcare.
A health care challenge in remote locations is network
participation of local civilian health resources in accepting TRICARE
patients. The Coast Guard continues to work with the Defense Health
Agency, who serves as the technical resource for TRICARE, to increase
network providers in areas with limited access to care. Coast Guard
organic health care, via virtual health (telehealth) platforms, could
also be used to meet primary, operational, and occupational health care
needs.
Question 8a. This Committee has worked on improving retirement
benefits for members injured on the job through Combat Related Special
Compensation (``CRSC''), which provides tax-free veterans
administration benefits to members with service-connected disabilities.
Yet, most surfmen and other eligible communities (such as aviation and
marine inspectors) are not aware of this benefit. What is the Coast
Guard doing to communicate CRSC benefits to the workforce?
How many CRSC claims did the Coast Guard receive in 2020, 2021,
2022?
Answer. The Coast Guard Personnel Service Center, Personnel Support
Division is implementing a three-pronged approach to increase Combat
Related Special Compensation (CRSC) awareness:
Senior Enlisted Messaging: The Master Chief Petty Officer of
the Coast Guard passed information through the Rating Force
Master Chief/Command Chief network. This effort is ongoing.
Previously, articles were released on ``MyCG,'' the CG retiree
monthly magazine; ``Thin Blue Line,'' Coast Guard Combat
Veteran's Association monthly magazine; ``The Quarterdeck
Log''; and other Coast Guard veteran-related social media pages
on Facebook and other social media platforms.
Medical Provider Training: The Health, Safety, and Work-Life
Service Center (HSWL-SC) trains health service personnel on
proper documentation of injuries and illnesses. Providers are
trained to recognize potential CRSC-eligible issues. Training
material for the Coast Guard workforce, in the form of a
readily accessible and transferable PowerPoint, was created for
further educational purposes. The PowerPoint was distributed to
the HSWL-SC, Flight School, and the National Motor Life Boat
School to distribute throughout the entire network of point of
care and those communities most likely to be impacted due to
their duties. This was also provided to Coast Guard commands
for use throughout the fleet.
Mishap Reporting: The Personal Service Center's Personnel
Support Division is working with the Office of Safety and
Environmental Health to ensure mishap reports are properly
recorded and available to retirees who may require
documentation to assist their cases.
Coast Guard CRSC claims:
2020--35
2021--57
2022--62
2023--33 (as of July 13, 2023)
Vessel Fires II
Question 9. After numerous reported vessel fires in U.S. ports and
waters, on September 29th, 2020, the Government Accountability Office
(``GAO''), in a report titled ``Coast Guard: Improved Analysis of
Vessel Response Plan Use Could Help Mitigate Marine Pollution,''
recommended the Coast Guard analyze salvage and marine firefighting
incident responses to improve the Coast Guard's response plan review
process, including verifying response plan information and contracts.
On June 21st, 2023, in ``Coast Guard: Actions Needed to Improve Mission
Execution and Resource Management'' the GAO reported that the Coast
Guard is beginning to review incidents more closely but has not
implemented an improved response plan verification process.
Does the Coast Guard need additional authority or resources to
ensure vessel operators and local firefighters are adequately prepared
for vessel fires?
Answer. The Coast Guard does not need additional authorities to
ensure vessel operators and local firefighters are adequately prepared
for vessel fires.
The Service has the authority to require a correction to a specific
Vessel Response Plan (VRP), and to rescind approval for a VRP if an
identified resource provider for the specific vessel fails to
demonstrate capability and/or availability through incident response,
exercise performance, and contractual planning standards.
With respect to local firefighters, the Federal Fire Prevention and
Control Act of 1974 (P.L. 93-498) declares that firefighting is and
should remain a state and local function. The fire department within
whose jurisdiction the vessel or facility is located is the responsible
fire suppression agency, and leads all firefighting efforts. The Coast
Guard coordinates with local entities at the Captain of the Port level
through the Area Committee and the Area Maritime Security Committee to
effectively respond to various contingencies. Integration of Coast
Guard planning and risk assessment efforts with those of state and
local responsible agencies, particularly local fire departments and
port authorities, are of paramount importance in preparing for vessel
or waterfront fires. These planning efforts are codified in local,
state, and Coast Guard contingency plans.
The Coast Guard is focused on improving the practical
implementation of salvage and marine firefighting (SMFF) requirements,
verifying of SMFF resources identified in VRPs, and enforcing SMFF
regulations.
IUU Fishing
Question 10. Illegal, Unreported, and Unregulated (``IUU'') fishing
is a national security threat with destabilizing effects on vulnerable
coastal States and world markets. As the only agency with the
infrastructure and authority capable of maintaining a law enforcement
presence throughout the 3.36 million square mile U.S. exclusive
economic zone (``EEZ'') and in key areas of the high seas, the U.S.
Coast Guard is uniquely positioned to combat IUU fishing.''
A major part of being able to effectively combat IUU fishing, is
the ability to create a presence in partner nations with limited
enforcement capacity. Is the Coast Guard actively working to identify
partner nations with limited enforcement capacity? If so, are they
adding counter-IUU fishing to existing U.S. bilateral enforcement
agreements and pursuing new agreements with flag States and countries
in the identified priority regions?
Answer. The Coast Guard has 12 existing Bilateral Maritime Law
Enforcement Agreements (BILATs) with Pacific Island nations and six
with African nations, and is pursuing new BILATs or expansions with
five nations for counter-IUU fishing enforcement activities.
The Coast Guard recently established a BILAT with Papua New Guinea
to enhance cooperation and U.S. law enforcement presence to counter IUU
fishing. The Coast Guard serves as tri-chair of the Executive Committee
for the Maritime Security and Fisheries Enforcement Act (M-SAFE)
interagency working group, which established five priority flag states
and administrations and 12 tiered priority regions within its five-year
Strategy for Combating IUU Fishing. Currently, the five priority flag
states and administrations (i.e., Senegal, Panama, Ecuador, Vietnam,
and Taiwan) are determined to be at high risk for IUU fishing and are
willing to work with the United States to take effective enforcement
action to combat IUU fishing despite lacking capacity.
The U.S. Department of State, National Oceanic and Atmospheric
Administration, and the Coast Guard recently visited Taiwan to discuss
its status as a priority administration, what support they need to
assist in combating IUU fishing, and the need for a shiprider agreement
to enhance the control, monitoring, and surveillance of its distant
water fishing fleet. An M-SAFE interagency site visit will take place
in Vietnam in September 2023 to facilitate discussion on best practices
and any gaps that Vietnam might have to effectively countering IUU
fishing.
Question 10a. As the primary U.S. agency responsible for monitoring
at-sea compliance with such agreements, does the Coast Guard find that
it requires new policies and/or laws to ensure it is able to uphold
current and future agreements effectively guaranteeing the management
of transboundary and highly migratory fish stocks? If so, what are the
new policies and/or laws needed to ensure the Coast Guard can uphold
current and future agreements.
Answer. The Coast Guard does not require new U.S. policies or laws.
The U.S. is party to fifteen Regional Fisheries Management
Organizations (RFMOs), of which five have high seas boarding and
inspection (HSBI) schemes currently in effect that allow for at-sea
inspection outside of a coastal nation's exclusive economic zones. An
HSBI scheme was recently approved for the South Pacific RFMO and will
go into effect on October 1, 2023.
The Coast Guard will continue to advocate for the inclusion of HSBI
schemes in all RFMOs and for the establishment of RFMOs in regions
where unregulated fishing is prevalent (e.g., the South Atlantic for
non-tuna species). The United Nations Agreement on Port State Measures
(PSMA) denies the use of ports by vessels found on international IUU
fishing lists (often via an RFMO), thereby preventing illegally caught
fish from entering trade, reducing profitability for bad actors, and
disincentivizing illicit catch. As a party to the PSMA, the United
States sets an example to partner nations and encourages its rigorous
implementation.
Cyber Incidents in the Maritime Environment
Question 11. The May 2023 National Academies Science, Engineering,
Medicine report, ``The Coast Guard's Next Decade: An Assessment of
Emerging Challenges and Statutory Needs'' highlighted that while 46
U.S.C. Sec. 70116 explicitly states that the Coast Guard has the
authority to ``prevent and respond to cyber incidents'' in the maritime
environment to include inspections, the Coast Guard believes there is
possible ambiguity in law that prohibits proactive actions and
engagements in the maritime environment, for example with marine
terminal operators. The Committee has spoken with several Coast Guard
Captains of the Port who reiterate a reluctance to proactively use
cyber protection teams and authorities to ``prevent and respond'' to
cyber incidents in the maritime environment (including inspections)
under their jurisdiction without first asking for permission to carry
out such actions from a relevant port authority or marine terminal
operator.
What ambiguities exist in code with respect to these actions
discussed above? To counter these ambiguities, provide technical
drafting assistance to resolve these cyber ambiguities such that the
Coast Guard has a stronger legal footing in preventing and responding
to cyber incidents in the maritime environment.
Answer. The Coast Guard remains focused on our continuing efforts
to address emerging cybersecurity risks and does not believe
ambiguities exist in the code. The concern highlighted by the authors
of the National Academies of Science, Engineering, and Medicine report
addressed a potential argument that litigants may raise. The authors
themselves did not endorse such an argument. Generally, the cooperation
of critical infrastructure network owners/operators during voluntary
Cyber Protection Team engagements is critical to developing a more
complete understanding of the threats and vulnerabilities that may
exist on any system. If a Coast Guard Captain of the Port determines a
cyber-incident is occurring or there is information to suggest a cyber-
incident is about to occur, then mandatory security measures may be
implemented to protect people, vessels, or waterfront facilities. If
the Coast Guard identifies statutory issues with respect to cyber
incidents it will assess legislative proposals in accordance with
applicable procedures.
The Coast Guard has also announced, in the Unified Agenda, efforts
to develop cybersecurity regulations for regulated entities. The goal
of these regulations will be to ensure maritime critical infrastructure
systems meet certain standards to reduce the likelihood of a
cybersecurity incident.
Access to Child Care
Question 12. Women represent 14.5 percent of the active-duty force
in the Coast Guard. A RAND Corporation study published on March 29th,
2019, titled, ``Improving Gender Diversity in the Coast Guard,'' found
that women were exiting the service at a rate of 12-13 percent faster
than men at the ten-year mark of their careers. Access to child care
was cited as a significant factor in their decision to leave the
service.
The Infrastructure Investment and Jobs Act (P.L. 117-58) (``IIJA'')
authorized $120 million to the Coast Guard for the construction and
improvement of Coast Guard Child Development Centers (``CDCs''). Please
provide a detailed update on the current capacity and the average
length of the waitlists for Coast Guard CDCs. In addition to this
detailed update, include specifics on how the current capacity aligns
with the demand for CDCs and the specific steps the Coast Guard has
taken, and will take, to reduce wait times and accommodate families in
need.
Answer. The chart below provides Coast Guard CDCs details regarding
capacity, enrollment, waitlist, construction projects, and anticipated
new capacity once construction is complete. The Coast Guard does not
have a Child Development Service Management System to track the length
of time sponsors are on waitlists. The Service plans to transition to
MCC.com in FY 2024, which will provide waitlist data by length of time,
space type, and sponsor.
----------------------------------------------------------------------------------------------------------------
Academy New Borinquen, Cape Cod, Cape May,
Location London, CT Alameda, CA Puerto Rico MA NJ Kodiak, AK
----------------------------------------------------------------------------------------------------------------
Capacity 96 68 62 68 53 137
Enrollment August 91 49 37 55 45 97
Waitlist August 57 59 0 27 22 4
New CDC Project No No +38 spaces No No +19 spaces
CDC Renovation No Yes No Yes Yes No
----------------------------------------------------------------------------------------------------------------
FY 2022 Infrastructure Investment and Jobs Act (IIJA)
Hurricane Reconstruction Infrastructure Investment
Major Shore PC&I funding from the Department of Homeland Security Appropriations Act 2020
----------------------------------------------------------------------------------------------------------------
Washington Petaluma, San Juan, Elizabeth
Location DC CA Puerto Rico Astoria, OR Mobile, AL City, NC
----------------------------------------------------------------------------------------------------------------
Capacity 116 51 40 0 0 0
Enrollment August 82 28 24 NA NA NA
Waitlist August 0 39 3 NA NA NA
New CDC Project No +5 spaces No 156 spaces 126 spaces 156 spaces
CDC Renovation No No No NA NA NA
----------------------------------------------------------------------------------------------------------------
FY 2022 Infrastructure Investment and Jobs Act (IIJA)
Hurricane Reconstruction Infrastructure Investment
Major Shore PC&I funding from the Department of Homeland Security Appropriations Act 2020
Question 12a. Please provide information regarding the construction
of Coast Guard CDCs and confirm if they are in compliance with relevant
building codes and regulations for child care centers. Additionally,
when was the last inspection conducted to assess the presence of mold,
asbestos, or any other potential health hazards in current CDCs?
Answer. The Configuration Standard Technical Order (CSTO)
establishes standardization for the design and configuration of new
construction, major renovations, and maintenance of existing CDCs
across the Coast Guard. All reconfiguration and new construction of
CDCs complies with the requirements contained within the CSTO, the
Coast Guard Civil Engineering Manual, COMDTINST M11000.11 (series), and
the Child Development Services Manual, COMDTINST M1754.15 (series).
The Health Safety Work-Life Service Center (HSWL SC), Safety and
Environmental Health (SEH) Division, perform unit Safety Mobile
Assistance, Response, and Training (SMART) inspections of all Coast
Guard units, including CDCs, at least once every three years. During
SMART inspections, the HSWL SC SEH staff perform onsite safety and
health audits of physical facilities and administrative program
implementation, including assessments of CDC environmental quality to
ensure safe habitability for staff and children. Assessments can
include, but are not limited to, sampling surveys for hazardous
building materials (i.e., lead and asbestos), evaluation of food
service equipment, playground safety, or investigating communicable
disease outbreaks. Commands responsible for CDC facilities are required
to perform safety inspections of their CDCs at least on a quarterly
basis. The quarterly inspection is typically performed by local medical
department representative or qualified command designee. Lead and
asbestos management programs are facilitated by each CDC. These
programs are audited during the triennial SMART visits.
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Question 12b. In terms of child care services, which specific
populations within the Coast Guard community are currently underserved,
and what measures are being taken to address these gaps in
accessibility? If there are no measures being taken to address the gap
in accessibility, explain why.
Answer. In terms of childcare services, Coast Guard underserved
populations include civilians, families with Special Needs, members
with non-traditional work hours, families overseas, reserve members,
and families who need emergency back-up care. Gaps in accessibility of
childcare for these communities are continuously evaluated by Coast
Guard to support the expansion of Coast Guard programs.
The Child Care in Your Home program would support in-home providers
(kinship, nannies, and au pairs), providing childcare and extended-day
care for children with special needs (Active Duty Members only),
members with non-traditional work hours (Active Duty enlisted members
(E1-E6)), and members stationed overseas (Active Duty Members only).
The Back-up Care program (short-term) includes state licensed
providers and kinship/neighbors that would support reservists during
scheduled training/drills and care during regularly scheduled
childcare/school closures (Active Duty Members only).
Question 12c. According to a 2022 GAO report entitled ``Military
Child Care: Coast Guard is Taking Steps to Increase Access for
Families,'' the report found that among the 25 Coast Guard locations in
the Needs Assessment's Analysis of child care supply and demand, nine
locations were considered ``child care deserts,'' where the supply of
child care was only able to serve 33 percent or less of the total
number of children from birth to age five. Does the Coast Guard have
any ongoing initiatives to address child care in these high-need areas?
If so, what are the initiatives and when does the Coast Guard plan to
implement them? Are there additional authorities or resources that
Congress could provide to address this issue?
Answer. Four of nine named ``childcare deserts'' will be receiving
a new Coast Guard CDCs (Astoria, Petaluma, Elizabeth City) or a
renovation of the existing center (Alameda) to help meet infant-toddler
demand. In the other five locations (i.e., Los Angeles, Valdez,
Honolulu, New London, and Ketchikan), the Coast Guard continues to
serve families through the Military Child Care in Your Neighborhood Fee
Assistance Program.
Question 12d. Provide a detailed update on how the Coast Guard has
carried out the new child care subsidy and direct payment authorities
that were included in the FY23 NDAA. In addition, include specific
details on how the new authorities could support families with children
who need additional learning resources or caregiver support.
Answer. The Coast Guard Child Development Services Manual,
COMDTINST M1754.15, is being updated to address direct payments to
members. Implementation of direct payments to members in the Military
Child Care in Your Neighborhood Fee Assistance Program is anticipated
by the end of calendar year 2023.
Implementation of the ``Child Care in Your Home'' and ``Back-Up
Care'' Programs is pending. The Coast Guard is working through an
internal assessment on how to allocate existing resources/staff to
address these needs.
Operation Fouled Anchor IV
Question 13. CNN's investigation into ``Operation Fouled Anchor''
highlighted the Coast Guard's lack of holding Coast Guard leaders
accountable for their roles in mishandling investigations and failing
to punish offenders. During the July 13th, 2023 hearing Master Chief
Jones stated that ``every sentinel has the right to feel safe, trusted,
valued, included and empowered in their workplace'' and agreed to put
in ``full effort'' to changing the culture at the Coast Guard.
What steps has the Coast Guard taken to date to institute cultural
change within the Coast Guard and at the training centers including
Cape May, to protect cadets and the Coast Guard workforce from sexual
assault and harassment?
Answer. The Coast Guard has established measures to safeguard the
well-being of cadets, recruits, and members by updating the following
policies on victim reporting and sexual assault and harassment, since
the time period in which the incidents investigated as part of
``Operaation Fouled Anchor'' occurred:
In 2002, COMDTINST 5520.5E mandated the reporting of all
felony allegations to CGIS and strictly prohibited local
commands from investigating incidents of rape or sexual
assault.
In 2004, the CGA updated SUPTINST 1754.1A to emphasize the
importance of reporting sexual assault. Furthermore, in 2007,
several amendments to the UCMJ were made to include
comprehensive coverage of sexual assault and related offenses,
enhancing the Coast Guard's ability to hold perpetrators
accountable.
In 2005, Victim Advocate programs were created to provide
emotional support to victims during interviews, medical
procedures, and legal proceedings.
In 2006, CGIS formally established a distinct CGIS Sex
Crimes Program and hired a Senior Special Agent to oversee the
stand-up of the program.
In 2008, a dedicated Sexual Assault Prevention Program
Manager was hired to implement and oversee the day-to-day
administration of the Coast Guard's Sexual Assault Prevention
and Response Program.
In 2012, full-time Sexual Assault Response Coordinator
positions were created to ensure appropriate care is
coordinated and provided to victims of sexual assault and to
track the services provided to a victim of sexual assault from
the initial report through final disposition and resolution.
In 2014, the Coast Guard promulgated policies which advanced
crime victims' rights, enhanced protections for new accessions,
solidified accountability for retaliation, and launched the
Special Victims' Counsel program. The Coast Guard was the
second armed force to establish such counsel, which are
deployed across the Fleet to provide dedicated focus and legal
support for victims. Additionally, the Coast Guard implemented
policy requiring higher-level review of referral decisions for
certain sex offenses in alignment with other military services.
In 2017, the Vice Commandant of the Coast Guard chartered
the Workforce Wellness Resilience Council (WWRC), a cross-
directorate, Flag Officer and Senior Executive Service level
body. The WWRC was tasked with coordinating continuous
improvement efforts to address troubling behaviors (e.g.,
suicide and suicide attempts, alcohol misuse, domestic abuse,
sexual assault).
In 2018, the SAPRR Strategic Plan for 2018-2022 formalized
the Coast Guard's commitment to the long-term recovery and
resilience of victims through the establishment of recovery as
its own strategic goal.
In June 2022, the Coast Guard hired its first-ever
Integrated Prevention Program Manager (IPPM), a civilian
subject matter expert in integrating prevention efforts across
all harmful behaviors to include sexual harassment and sexual
assault . The IPPM will establish the foundational elements of
integrated primary prevention policies, procedures, products,
and outreach designed to build and strengthen protective
factors across the total force.
In 2023, the Coast Guard promulgated a revised SAPRR Program
instruction as well as a revised Harassing Behavior Prevention,
Response, and Accountability instruction. Additionally, the
Service established the Anti-Harassment Program Management
Office, dedicated to eliminating harassing behaviors from our
Service.
The Commandant has taken a proactive approach to addressing the
issue of sexual assault and harassment in the Service by launching a
comprehensive 90-day ATR. The review will focus on six key areas,
particularly examining the climate and culture within the Service. The
team responsible for conducting the review is committed to providing
actionable recommendations to improve members' overall safety and well-
being. Once the study is complete, the team will present a detailed
report outlining their findings and recommendations.
Question 13a. While ``Operation Fouled Anchor'' focused on the
Coast Guard Academy, there have also been instances of sexual assault,
sexual harassment, bullying, and hazing at Cape May. What lessons
learned from ``Operation Fouled Anchor'' were implemented at Cape May
and on which dates? What other recommendations from ``Operation Fouled
Anchor'' should be implemented at Cape May?
Answer. The Coast Guard is committed to eliminating these behaviors
from our workforce. Currently, the 90-day ATR is still in progress.
Once the review is complete, recommendations will be reviewed for
implementation throughout the Service, including Coast Guard Training
Center Cape May (TCCM).
Recruitment and Retention of Enlisted Personnel
Question 14. What is the Coast Guard's plan to boost recruitment
and retention of enlisted personnel into the Coast Guard?
Answer. The Coast Guard has taken of number of steps to increase
recruitment of enlisted personnel.
New Recruiting Offices: The Coast Guard is opening seven new
recruiting offices in Buffalo, NY; Indianapolis, IN; Milwaukee, WI; St.
Paul, MN; Little Rock, AR; Salt Lake City, UT; and Sacramento, CA. The
new offices are expected to open in FY 2024 and additional Recruiting
Offices are being considered for future years.
Increased Recruiting Capacity: In FY 2024, the Coast Guard will add
78 personnel to recruiting and support billets to expand its outreach
and streamline the recruiting process. This additional support will
increase the total number of Production Recruiters (PRs) to 350 and the
Service is evaluating options to further increase the number of PRs to
close critical workforce gaps.
Accession Barriers: Policy changes have been implemented to expand
the Coast Guard's applicant pool and remove barriers to accession.
Specifically, the maximum age limit was raised to 42, the tattoo policy
was expanded to include additional tattoo locations, the debt-to-income
ratio was raised to ensure parity amongst all Coast Guard applicants,
and single parent support programs were instituted to enable accession.
Pathway to Citizenship: Recent Coast Guard policy changes enabled
more Lawful Permanent Residents (LPRs) to enlist prior to the
expiration of their Green Card. Furthermore, members with an unexpired
Green Card are entitled to an expedited naturalization.
Immersive English Language Training: The Coast Guard partnered with
the U.S. Army and the U.S. Air Force to provide English language
training to non-native English speakers at the Defense Language
Institute English Language Center. Through new policy changes,
applicants who participate in the program can receive waivers for
English Comprehensive Level requirements and Armed Services Vocational
Aptitude Battery (ASVAB) test scores. Students participate in an
immersive English Language Training Program where they receive tailored
language training, as well as basic Coast Guard familiarization and
physical fitness training. Results from the pilot program have been
very successful.
Lateral Entry: The Coast Guard has expanded opportunities to access
applicants with advanced skills at higher paygrades. Applicants may be
accessed as an E-4, E-5, or E-6, commensurate with their training and
experience. The Coast Guard is also working to develop partnerships
with technical education programs to access applicants with critical
skills. To date in FY 2023, six agreements have been signed with
technical institutions and 136 members have been accessed at an
advanced paygrade through one of the Coast Guard's Lateral Entry
Programs. The Coast Guard anticipates continued expansion of this
accession pathway to ensure prior training and experience of qualified
applicants is maximized for mission effectiveness.
Virtual Call Center & Virtual Recruiters: The Coast Guard
established a Virtual Call Center (VCC) to contact potential applicants
who previously took the ASVAB test, as well as those who are enrolled
in or recently graduated from trade schools and community colleges.
Interested applicants are pre-screened by the VCC and referred to local
Recruiting Offices for further information and processing. To date, the
VCC has contacted over 32,000 people, which has generated nearly 2,500
potential leads. The Coast Guard also recently created three new
Virtual Recruiter positions, which will augment the VCC and assist
those interested applicants who are outside of a reasonable commuting
distance to the nearest recruiter. The Virtual Recruiter positions are
expected to be filled in the summer of 2024.
Recruiting Incentive Programs: The Coast Guard has a three-pronged
approach to recruiting incentives. The first prong offers accession
bonuses to applicants for expedited shipment to TCCM, incentives for
applicants to attend critical ``A'' schools, and bonuses for applicants
with critical skills. Over $10.5 million in enlistment bonuses have
been issued so far in FY2023. The second prong offers incentives to
existing Coast Guard affiliates through the Scout Talent and Refer
(STAR) Program. Coast Guard Active-Duty, Reserve, Civilians,
Auxiliarists, and Retirees are eligible for $1,000 and a Commandant's
Letter of Commendation award for each applicant they refer who reports
to TCCM. Since the program's inception in December 2022, 458 STAR
awards have been issued. The third prong includes incentive pay for
recruiters. The Coast Guard is currently considering a new incentive
pay structure to reward high performing recruiters for exceeding their
recruiting goals.
Name Buys & Candidate Search/Identification Contracts: The Coast
Guard is currently pursuing contracts to obtain name buys and
contracted candidate search services. These contracts will expand the
Service's recruiting outreach and generate stronger leads. These
contracts are still in development and full deployment is expected in
FY 2024.
Question 14a. What actions has the Coast Guard taken so far, and
what additional actions does the Service plan to take to enhance
recruitment and retention of enlisted personnel?
Answer. The Coast Guard updates monetary and non-monetary
incentives annually to retain personnel based on critical needs. These
interventions are adjusted as needed throughout the year. The FY 2024
Military Workforce Planning Teams (MWPT), Active Duty and Reserve, met
in May 2023 to assess the health of the Active Duty and Reserve
workforces to consider monetary and non-monetary interventions. The
attached MWPT Interventions document lists the monetary and non-
monetary interventions approved by the acting Assistant Commandant for
Human Resources.
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
The Coast Guard has spearheaded several initiatives to enhance the
recruitment of enlisted personnel.
Incident Management Team (IMT): A Coast Guard IMT was established
to provide additional support and surge capacity to Coast Guard
Recruiting Command during the current recruiting crisis. The IMT has
assisted with several of the recruiting items discussed previously and
is expected to continue supporting efforts in FY 2024. Although the IMT
augmentation is temporary, many of its existing initiatives and
resources will be absorbed by the Coast Guard Recruiting Command upon
the IMT's disestablishment.
Recruiting Office Administrative Assistants (ROAAs): The Coast
Guard deployed administrative assistants to support each of the 57
Recruiting Offices to reduce the administrative workload on the PRs.
This has enabled PRs to focus their efforts on recruiting. The ROAA
positions have been primarily filled by Coast Guard Reservists;
however, the Coast Guard has initiated steps to contract these
positions in early FY 2024 to reduce program expenses and ensure
Reservists are available to support other mission needs.
New Recruiter Selection Process: The Coast Guard recently
instituted a new recruiter selection process to better identify
candidates with requisite personality and communication skills. This
new process is designed to place better qualified recruiters in the
field and reduce recruiter turnover. Nearly 145 applications were
received and over 40 percent of applicants were selected for recruiting
duty.
Recruiting Liaisons: The Coast Guard recently established a
Recruiting Liaison Program, which requires all major commands with over
100 personnel to designate a collateral duty Recruiting Liaison. This
person is responsible for collaborating with the local Recruiting
Office and nearby units to support recruiting initiatives and increase
brand awareness within their area. Voluntary interest in this program
has expanded beyond major commands and now includes smaller units; 135
Recruiting Liaisons who have sponsored over 1,000 recruiting events.
Major Events Coordination: The Coast Guard developed a scalable and
repeatable concept of operations (CONOP) to maximize recruiting efforts
at major events, including Fleet Weeks and other national level events.
By designating an on-site Incident Commander, the Service improved
coordination between Coast Guard Recruiting Command, the Sponsoring
Command, Recruiting Liaisons, and local Talent Scouts to ensure all
engagements are efficient and effective. The Coast Guard has generated
nearly 2,000 leads from four major events since implementing this new
CONOP.
Expanded Hometown Recruiting Program: The Coast Guard expanded its
Hometown Recruiting Program to enable any Active-Duty member to return
to their ``hometown'' to conduct recruiting activities in support of
the local Recruiting Office for up to 30 days. To date, 80 members have
received permissive orders to support recruiting efforts through this
program.
New Marketing Materials: The Coast Guard expanded its outreach
through a variety of new marketing and advertising avenues. A new
recruiting logo and branding material were created along with a new
commercial to appeal to target audiences. Additionally, a new 20'x20'
``Wave'' exhibit was acquired to increase Coast Guard brand awareness
and foot traffic to Coast Guard recruiting booths. The exhibit has been
showcased at two national level events with overwhelmingly positive
feedback. New bilingual marketing materials have also been developed to
reach a broader market and effectively communicate the Coast Guard's
new English Language Training Program and Pathways to Citizenship
opportunities. The Coast Guard also expanded its partnerships with
local colleges to become a sponsor for the National Junior College
Athletic Association, the athletic governing body for over 500
community colleges across 44 states who support over 3,700 teams in 28
different sports.
New Recruiter Training: The Coast Guard is developing a series of
recruiter job aids and training opportunities that highlight successful
recruiting practices. Three new Recruiting Coach positions were also
recently created to provide support to recruiters across the Nation.
The Recruiting Coach positions are progressing through the hiring
process.
Recruiting Resource Management (Gangway): The Coast Guard will
transition to a new Customer Resource Management Application, Gangway,
that will modernize recruiting processes and facilitate virtual
recruiting efforts. The program will also provide analytical data not
previously available. This will allow the Coast Guard to more
efficiently target populations and areas that have proven successful.
The program is undergoing testing and is expected to deploy in FY 2024.
Pre-Boot Camp Training Program: The Coast Guard is currently
pursuing an agreement with the U.S. Army for a Pre-Boot Camp Training
Program at Fort Jackson. This program will be aimed at applicants with
a propensity to serve who require training and support to meet the
physical fitness and body composition requirements for accession.
Mobile Recruiting Capabilities: Pending full enactment of the FY
2024 budget, the Coast Guard is ready to purchase two mobile recruiting
incident command post vehicles. These mobile recruiting vehicles will
provide critical support to national level events and facilitate
recruiting efforts within remote geographic areas without a permanent
recruiting presence.
Establish a Recruiter Rating: An Integrated Project Team was
established to validate the need for a specialized enlisted rating
dedicated to recruiting. While the recruiting mission has become
increasingly complex and dynamic, so too have the avenues for
accession, thus prompting the need for a professional recruiting
workforce. The Coast Guard is currently the only Service that does not
have a recruiting rating.
Question 14b. What additional resources or authorities are needed
to address recruitment and retention at Cape May?
Answer. Increased Capacity at TCCM: When fully implemented, the
initiatives outlined above would require increased training capacity at
TCCM to successfully close the Coast Guard's workforce gaps. As
described in the FY 2024 UPL, a significant investment in the long-term
capacity at TCCM is a service priority.
______
Response to Written Questions Submitted by Hon. Tammy Duckworth to
Admiral Linda L. Fagan
Operation Fouled Anchor V
Question 15. I am seriously concerned about what Operation Fouled
Anchor has brought to light including multiple substantiated incidents
of rape, sexual assault and sexual harassment at the Coast Guard
Academy or by Academy cadets, the Coast Guard's failure to
appropriately investigate 42 individuals against whom there may have
been substantiated claims of rape, sexual assault and sexual
harassment, and the Coast Guard's failure to pursue disciplinary
measures against most individuals for whom claims of rape, sexual
assault and sexual harassment were, in fact, substantiated.
It also appears the Coast Guard failed to inform this Committee
when two of its officers came before it for nomination that they were
under investigation, and the officers were subsequently confirmed by
the Senate. Apparently the Coast Guard did not begin screening nominees
through the CGIS until 2019.
Will the Coast Guard commit to fully cooperating with this
Committee as we look into Operation Fouled Anchor? I appreciate that
the Coast Guard has said it ``owns this failure,'' but I am interested
to know what that means going forward.
Answer. The Coast Guard is committed to fully cooperating with the
Committee as they look into OFA. While both the Service and CGA have
made significant progress in preventing, responding to, and assisting
victims in their recovery from sexual assault and harassment since the
period of investigation (1988-2006), there is more work to be done.
Transparency with our workforce, Congress, and the citizens we serve is
critical to ensuring continued progress in advancing sexual assault
prevention, response, and recovery and creating a safe and secure
environment for all. The Commandant directed a 90-day ATR of our
current law, policy, processes, practices, resources, and Service
culture to eradicate sexual assault and harassment in the Service. The
ATR team, led by a flag officer, will identify existing gaps and
opportunities for improvement and develop actionable recommendations to
eliminate barriers to transparency, allocate resources effectively, and
enhance our abilities to hold perpetrators accountable and provide
needed resources and support for victims. If recommended by the ATR
team, the Coast Guard may seek to implement additional policy to ensure
substantiated allegations of rape, sexual assault, and sexual
harassment are properly documented in members' records, considered by
promotion boards/panels, and disclosed to the committee (regarding any
such nominee).
Question 15a. Will the Coast Guard commit to disclosing to this
committee the existence of any substantiated allegations of rape,
sexual assault and sexual harassment against any Coast Guard nominees
who come before this committee for confirmation?
Answer. The Coast Guard commits to disclosing any substantiated
allegations of rape, sexual assault, and sexual harassment against
nominees presented to the committee for confirmation.
Question 15b. Will the Coast Guard commit to investigating credible
allegations of rape, sexual assault and sexual harassment and holding
perpetrators accountable for any such action?
Answer. The Coast Guard is dedicated to promptly and thoroughly
investigating all allegations of rape, sexual harassment, and sexual
assault. We recognize the immense importance of holding perpetrators
accountable for their actions and are acutely aware of the devastating,
long-lasting impact these offenses can have on victims. The ATR team is
currently examining existing law and policy and will provide
recommendations to further enhance accountability in the Service.
Indo-Pacific Region
Question 16. China continues to ratchet up aggressive maritime
actions in the South China Sea: violating the territorial integrity of
Japanese islands; willfully ignoring illegal, unreported, and
unregulated fishing; and attempting to intimidate neighboring
countries' coast guards. I support this year's Coast Guard request for
four Fast Response Cutters for use in the Indo-Pacific region.
Please explain the importance of these cutters, especially in the
context of supporting our regional allies and partners.
Answer. Additional Coast Guard operational assets directly expand
U.S. Coast Guard presence and capacity for cooperation throughout the
Indo-Pacific region. The Coast Guard already has six FRCs in the
region, three in Hawaii and three in Guam. The four 154-foot FRCs on
the Coast Guard's FY 2024 UPL will enable the Coast Guard to extend
operations forward and enable visits to countries across the Indo-
Pacific with increasing number and frequency. As envisioned, these
investments will begin to transform the Coast Guard from an
organization which currently provides episodic presence, to be
persistent and visible, strengthening coordination with allied and
partner nations to bolster regional security.
Question 16a. Please explain how your budget will help address the
continuing need to strengthen ties with allies and partners in the
Indo-Pacific region.
Answer. The Coast Guard is uniquely positioned to further the Indo-
Pacific Strategy of the United States through expanded presence,
training, and engagement to promote a free and open Indo-Pacific that
is more connected, prosperous, secure, and resilient. Through foreign
partner interactions and work with regional organizations, the Coast
Guard is a relevant, non-escalatory resource which strengthens maritime
governance, the rule of law, and democratic institutions.
Question 16b. What can Congress do to empower the Coast Guard to
expand its presence and operations in the Indo-Pacific region?
Answer. Additional investments will increase Coast Guard operations
in the Indo-Pacific along three primary lines of effort: Increased
Presence, Maritime Governance, and Meaningful Engagement. However,
additional operations cannot be accomplished without Congressional
support of the Coast Guard's ongoing efforts to recruit and retain the
workforce, acquire properties, expand host nation agreements, and
execute infrastructure improvements to manage associated growth,
oversee these operations, and exercise leadership in the region.
Food Insecurity
Question 17. The Coast Guard Reauthorization Act of 2022 required
the Coast Guard to conduct a study of food insecurity among its
members.
Can you please provide a status update on this report?
Answer. The Coast Guard has partnered with stakeholders and is
working to complete the study of food insecurity among service members.
The Coast Guard anticipates finishing the study in mid-October and
completing the mandated ``Food Insecurities'' report by December 1,
2023.
ENLIST Act
Question 18. Each of the military services faces challenges in
meeting recruiting goals, in part due to historically small pool of
eligible recruits. That's why I'm introducing the ENLIST Act to begin
to remedy this issue by expanding the recruiting pool to include
individuals like DACA recipients and other longtime residents in this
country, who can pass a DoD background check and meet the service's
high standards for enlistment.
Can you please explain the value that highly qualified immigrants
bring to the military?
Answer. Immigrants serving in the Coast Guard bring diverse
backgrounds, experiences, and foreign language skills that contribute
to all Coast Guard statutory missions. In 2023, the Coast Guard made it
easier for LPRs to enlist in the service (see ALCOAST 191/23) and has
expedited the timeline for certifying honorable service for those
applying for U.S. citizenship through naturalization (see ALCOAST 025/
23 and attached Delegation Memorandum). The Coast Guard unequivocally
values the contributions of our non-citizen servicemembers.
______
Response to Written Questions Submitted by Hon. Peter Welch to
Admiral Linda L. Fagan
Flood Mitigation
Question 19. With Vermont currently experiencing catastrophic
flooding, the sights are truly harrowing-roads washed out, downtowns
flooded-it is going to take weeks if not months for these rural
communities to recover. President Biden declared a state of emergency
in the state, noting that we are experiencing a 'one in a thousand-year
flood.' My heart remains with my constituents and family in Vermont as
we continue to grapple with the disaster and its ripple effects.
The U.S. Coast Guard performs some of the military's most important
functions as an armed service, a law enforcement agency, and a
regulatory agency. The Coast Guard's success is critical to the future
of America, especially considering our future with a higher frequency
of natural disasters like the one we are experiencing in Vermont.
Rising sea levels and flooding from extreme weather events will only
become a more significant threat to Coast Guard stations across the
country and we continue to experience the effects of global climate
change. We must ensure our military services are prepared for an
extreme weather future.
What is the Coast Guard doing to prepare for more intense storms in
its flood mitigation and preparation efforts?
Answer. The Coast Guard continually assesses risks and prioritizes
improvements to build resiliency into our workforce, infrastructure,
and assets. Actions to support these efforts include:
Enhancing flood response capability. Following Hurricane
Harvey, the Coast Guard established a flood response capability
program in 2018 that now includes nationally deployable flood
response boats, as well as personal protective equipment,
training, and doctrine regarding preparedness for catastrophic
flooding events, including in urban environments.
Escalating incident management training and contingency
planning activities, placing high priority on Incident Command
System qualifications and disaster response training.
Incorporating the latest climate trend forecasts to inform
our strategies and plans to identify risk and enhance
preparedness and mission effectiveness.
Strengthening Federal cooperation with state, local, Tribal,
and territorial governments, as well as private sector
partnerships, through contingency planning, exercises, and
regional coordinating mechanisms to facilitate a safe and
resilient Marine Transportation System (MTS).
Fostering and leveraging strong partnerships at all levels
of government to effectively address climate-induced risks, and
ensure sustained resilience in coastal and riverine communities
that serve as vital economic engines for the MTS.
Climate Framework
Question 20. Climate change has been identified as one of the
biggest factors to impact future military readiness and the future of
the Coast Guard is reliant on how they prioritize mitigating and
adapting to the obstacles presented by climate change.
I am glad to see that the Coast Guard released it's first-ever
Climate Framework this year. Some priorities of the plan include
synthesizing research addressing the impacts of climate change to Coast
Guard missions, assets, and personnel, conducting a comprehensive risk
assessment of Coast Guard infrastructure, and prioritizing improvements
of high-risk facilities.
Pressure for the transportation sector to slash carbon emissions is
also growing domestically and internationally, especially with the
Biden Administration's release of the U.S. National blueprint for
Transportation Decarbonization. The Coast Guard should prioritize green
infrastructure, or strategically planned networks of natural and semi-
natural areas, designed, and managed to deliver ecosystem services, as
part of its plan to adapt to and mitigate climate change.
What are some of the Coast Guard's biggest challenges anticipated
with the changing climate?
Answer. The changing climate imposes significant challenges for the
Coast Guard, including balancing safety of navigation in the MTS with
offshore renewable energy installations, protecting shifting fishing
grounds, and boosting the climate resiliency of our workforce and
infrastructure to withstand major weather events that grow stronger and
more frequent.
Question 20a. How has the Coast Guard begun to implement these
priority actions?
Answer. The Coast Guard's Climate Framework identified 12 Priority
Actions, which were all assigned to Flag Officers and Senior Executives
who are taking steps to implement them. The Service is also
establishing a Climate Policy Working Group (CPWG) to centralize and
streamline these organization-wide efforts. The CPWG will brief Coast
Guard Senior Executives quarterly.
Question 20b. Will the Coast Guard be using green infrastructure
methods to do this?
Answer. Yes, when feasible. The Coast Guard is assessing the
impacts of climate change to shore infrastructure partly through the
multi-phased Shore Infrastructure Vulnerability Assessment (SIVA) which
will analyze nearly 4,000 structures for 10 natural disasters and
recommend mitigation measures for structures with the highest risk. For
example, the Coast Guard is constructing its first renewable energy
microgrid at Training Center Petaluma to provide energy resilience to
the entire site. The microgrid hardens Training Center Petaluma against
multiple environmental threats prevalent in Northern California, such
as high winds, wildfires, floods, drought, and earthquakes.
Question 20c. When it comes to coastal resiliency, how does the
Coast Guard approach climate mitigation efforts at its lake-based
stations compared to its oceanic stations?
Answer. The Coast Guard's Shore Infrastructure Logistics Center
published the New Buildings Configuration Standard which directs Coast
Guard architects and engineers to design to applicable building codes,
such as the International Building Code, American Society of Civil
Engineers standards, and the DoD Unified Facilities Criteria. These
standards account for hazards specific to a type of facility and
location, these vary from a lake-based station compared to an oceanic
station.
Question 20d. How can Congress help the Coast Guard deploy more
green infrastructure solutions?
Answer. The Coast Guard lacks parity with the DoD in that we do not
have utility systems conveyance authority (see 10 USC 2688). This
limitation impedes our ability to transition antiquated utility
infrastructure into carbon-free generation within land that is Coast
Guard owned.
Question 20e. How does the Coast Guard plan to support the
Administration's decarbonization efforts while maintaining high
standards for safety, security, and environmental protection?
Answer. The Coast Guard is developing a strategic plan for
electrification of its vehicle fleet, which will serve as a roadmap for
advancing zero emission electric vehicle adoption. The Coast Guard is
also in the process of meeting Federal net-zero building emissions
goals; new buildings over 25,000 square feet are designed using the
Guiding Principles with net-zero emissions. Regarding energy
consumption, the Coast Guard intends to maximize grid-supplied carbon-
free emissions and complete renewable energy generation and microgrid
projects.
Vermont
Question 21. Vermont has a small Coast Guard presence, housing two
units, Station Burlington and Aids to Navigation Team (ANT) Burlington
at the same shore facility. Together, these units contain 20 active-
duty members and 7 reserve members. At Burlington Station, the Coast
Guard performs Search and Rescue, Law Enforcement, and Ice Rescue
Services for all of Lake Champlain, from the international border to
Rouses, NY south to Whitehall, NY. This includes over 580 miles of
shoreline and more than 435 square miles of surface water.
What, if any, unexpected challenges have been encountered at
Station Burlington, and more broadly at Sector Northern New England?
How has the Coast Guard mitigated those challenges?
Answer. Coast Guard units in Burlington, Vermont and Sector
Northern New England (SNNE), encounter workforce and resource issues
impacted by the Service's historic recruitment and retainment workforce
challenges. To mitigate this issue, the Coast Guard is implementing
various actions and programs to increase recruitment and retention,
including: Advance to Position, Billet Banding, Rating Apprenticeship,
Lateral Entry programs (e.g., accounting for outside experience and
degrees to start members off at higher positions), and targeted
recruitment bonuses.
Medical services can also be a challenge for members to acquire in
Burlington and most of the SNNE area of responsibility due to the
number of healthcare professionals accepting TRICARE. To mitigate these
medical issues in 2022, SNNE hosted a successful Tailored Readiness
Availability Mobile Unit (TRAMU) event to provide deployable medical
services for Coast Guard units. The TRAMU provided much needed medical
services for 150 Active Duty members from 14 of SNNE's remote subunits.
SNNE will be hosting another TRAMU in the final quarter of FY 2023. In
Burlington, SNNE is working with the Vermont Air National Guard 158th
Medical Group to provide select medical services including physicals,
lab draws, and audiograms to our Active Duty and Reserve members.
To respond to these broader workforce and medical service
challenges impacting Burlington and SNNE unit, the Coast Guard's FY
2024 budget requests $273 million in military and civilian pay and
benefits; $21 million to increase retention, bolster medical services,
improve the Service's training systems, and better support the
workforce; and $12 million to enhance the Coast Guard's recruiting
capability by funding additional recruiting personnel and nine new
recruiting offices.
Question 21a. The Department of Homeland Security's Northern Border
Strategy is a framework for the Department's strategy to safeguard the
northern border. How does Station Burlington aid in the execution of
this strategy? What are the most salient challenges presented to the
Coast Guard by the northern border? What steps should Congress take to
help support the Coast Guard's efforts in Vermont and across the
northern border states?
Answer. Station Burlington plays an integral role in DHS's Northern
Border Strategy (NBS). Station and SNNE personnel partner with federal,
state, local, and Canadian partners to plan and execute border security
surge operations on Lake Champlain. Examples include:
Summerstock: SNNE bolsters Station Burlington with 6
reservists on active duty orders (ADOS) and an additional 29-
foot response boat to become a two-boat station during the
summer months when maritime recreational traffic is most
prevalent and the threat of illegal cross-border activity is
the highest. This allows Station Burlington to surge to the
Northern Border on Lake Champlain for law enforcement and
customs border searches under Title 19, United States Code,
while still having a crew dedicated to Search and Rescue (SAR).
Memorial Day through Labor Day weekend are the targeted
operational dates.
Shiprider Operations: To extend the enforcement reach of
units operating under SNNE tactical control, SNNE conducts
targeted operations leveraging Title 19 Customs authority on
Lake Champlain and Lake Memphremagog, including Integrated
Cross-border Maritime Law Enforcement Operations (ICMLEO)
``Shiprider'' operations with Canadian Peace Officers (Royal
Canadian Mounted Police). SNNE surges law enforcement/shiprider
personnel during targeted operational periods to Lake
Champlain/Memphremagog with support from Maritime Safety and
Security Team in Cape Cod, Massachusetts.
Sector New York Deployable Operations: Lake Champlain is
expansive and it is difficult for Station Burlington to cover
all threat areas. To enhance capabilities, 65' harbor tugs from
Sector New York are surged to Lake Champlain during the summer
months and equipped with deployable teams from SNNE to provide
law enforcement capacity. These vessels have greater on-scene
endurance and can reach more remote areas of the lake for
security operations and boardings.
Station Burlington's most salient challenge is its remote/expansive
AOR. Within SNNE's AOR, the maritime border shared between the U.S. and
Canada spans 125 nautical miles and is a major thoroughfare for
commercial and recreational vessel traffic transiting between the two
countries. Along the shared border, there is limited law enforcement
presence and limited sensor capabilities to track illicit activity.
______
Response to Written Questions Submitted by Hon. Ted Cruz to
Admiral Linda L. Fagan
Deepwater Oil and Gas Export
Question 1. Admiral Fagan, as you know, the Coast Guard performs
the environmental portion of the permitting before the construction of
a Deepwater oil and gas export facility, many of which are off the
coast of Texas. Our allies are depending on clean, abundant American
energy more than ever. The Deepwater Ports Act gives a 356-day time-
frame for the Federal government to issue the permits for these
facilities, but some have gone on for over 1,000 days. While you'll
likely tell me it is because the agencies needed to pause the timetable
for some of these projects to gather more information and work through
the process with other cooperating agencies, the outcome is still the
same: our allies must make do with less American energy than they could
otherwise have.
Can you commit to me that the Coast Guard will make every effort to
work with other Federal cooperating agencies to get these facilities
permitted safely and in an environmentally responsible way as soon as
practicable?
Answer. While the Coast Guard does not permit or license deepwater
ports, the Coast Guard conducts the NEPA reviews for proposed projects,
and provides direct assistance to the Maritime Administration (MARAD),
the licensing authority for deepwater ports. Once MARAD issues a Record
of Decision and subsequent deepwater port license, the Coast Guard has
independent responsibilities for the approval of the facility design
and construction, operations manual, and facility security and response
plans. The Coast Guard is committed to working with MARAD in the timely
processing of Deepwater Port Act license applications and fulfilling
the Service's regulatory obligations to facilitate a safe and
environmentally responsible operation.
Risk-Based Approach to Inspections
Question 2. Admiral Fagan, there is another issue (along w/Coast
Guard Facility Permitting) that is slowing the sale of U.S. energy to
allies. As you know, the Coast Guard must inspect vessels containing
combustible cargoes, in this case gas carrier vessels. The Coast Guard
is statutorily required to conduct compliance exams for gas carriers-
regardless of risk, the age of the ship, or the carriers' strong safety
record-on an annual basis. This rigid inspection regime exacerbates the
current shortage of approximately 400 marine inspectors.
Given the host of modern technologies and tools now available to
the Coast Guard to more efficiently carry out its marine safety
mission, does the Coast Guard agree that adopting a risk-based approach
to inspections and examinations for newer, already inspected and
certified vessels could lead to fewer disruptions in maritime commerce,
without compromising safety?
Answer. 46 U.S.C. Sec. 3714 requires the Coast Guard to conduct
annual inspections of gas carriers, precluding application of a risk-
based inspection program.
Guard the Maritime Border
Question 3. Admiral Fagan, In Fiscal year 2022, the Coast Guard
interdicted approximately 12,500 illegal immigrants, an increase of
over 350 percent from 2021. However, Coast Guard assets remained the
same, which means that the assets to address this surge are being
pulled from vital functions across the country. For example, health
care staff have been diverted from Sector San Diego to help at the
maritime border, and Station South Padre Island does not have a fast
response cutter to patrol for illicit drug smuggling and illegal
fishing along the U.S./Mexico border because multiple cutters have been
pulled to the Florida straits.
Please provide any additional examples of how Coast Guard units
across the country are sacrificing to address the huge increase in
migrants at the maritime border?
Answer. In order to respond to elevated levels of irregular
maritime migration in the Caribbean, operational commanders have
reallocated resources to Operation Vigilant Sentry (OVS) to support the
interagency response.
Question 3a. Does the Coast Guard feel it has the necessary
resources to properly guard the maritime border, and if not, what more
do Coast Guard men and women need to perform their missions?
Answer. The Coast Guard has directed additional surface and air
assets to the South Florida Straits--in addition to and in coordination
with other Federal agencies--to deter, rescue and/or interdict unsafe
irregular maritime migration attempts. While the Service is well suited
to temporarily surge assets to support emergent operations, this surge
is enduring beyond the Coast Guard's historic capability to absorb. The
additional mission demand strains cutter, aircraft, and boat parts and
materiel availability, and also delays critical maintenance on aging
assets.
The FY 2024 President's Budget sustains readiness, resilience, and
capability while building the Coast Guard of the future. The FY 2024
Budget continues investments to bolster recruiting and medical
services, sustain vital Information Technology capabilities, and enable
the Coast Guard to continue to recapitalize legacy assets and
revitalize aging shore infrastructure. The FY 2024 Budget also
continues efforts for one of the Coast Guard's highest acquisition
priorities--the Offshore Patrol Cutter. The Offshore Patrol Cutter will
replace the Service's legacy medium endurance cutters, delivering
critical capabilities to protect the maritime border, and bridge the
capabilities of the National Security Cutter and Fast Response Cutter
fleets.
Internet-Based Merchant Mariner Credentialing Application
Question 4. Admiral Fagan, Last fall I was very proud to author and
pass, on a bipartisan basis, the Military to Mariners Act, requiring
the Coast Guard to do their part to deal with mariner shortages, supply
chain shortages, and to help veterans more easily transition toward
employment as merchant mariners. One of the most essential requirements
is that the Coast Guard move to a fully internet-based mariner
credentialing application process within two years?
Will the Coast Guard meet this two-year deadline for a fully
internet-based mariner credentialing application?
Answer. The Coast Guard is cognizant that the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023 includes a
provision directing that the Coast Guard develop and implement an
electronic merchant mariner licensing and documentation system in two
years. At this time, the Coast Guard does not have a firm timeline for
the acquisition of this system but is moving forward as quickly as
process requirements and funding allow. In addition, we are reviewing
associated policies and procedures to identify credentialing program
needs and how to incorporate them into a new IT system.
The Coast Guard is completing the acquisition and development
documents needed to implement a replacement information technology
system for our current Merchant Mariner Licensing and Documentation
(MMLD) database. The primary requirement of the new system is internet-
based access allowing mariners and the maritime industry to submit
information to the Coast Guard. The Coast Guard Executive Oversight
Council approved the new system for Acquisition Decision Event--2 (ADE-
2) allowing the project to begin the selection phase of the
acquisition.
The Coast Guard submitted an $11 million request as part of the
Coast Guard's Fiscal Year (FY) 2024 Unfunded Priorities List (UPL) to
fund the initial capability of the modernized MMLD system.
Drawbridge in Florida
Question 5. Admiral Fagan, the Coast Guard recently issued a
temporary deviation for a drawbridge in Florida that will negatively
impact Florida East Coast freight trains and Brightline passenger
trains. I understand the railroads have a proposal that would work for
their operations, while providing more than 60 percent of time to
mariners and a predictable opening every hour.
Will the Coast Guard commit to review this proposal promptly and
implement a solution that works for everyone?
Answer. The Coast Guard adheres to the regulatory process regarding
bridges and waterways and utilizes temporary deviations to inform the
determination of an operating schedule that best meets the reasonable
needs of navigation and balances competing modes of transportation.
Temporary deviations can be modified as we gather information and
detect impacts to rail service or waterway access.
Currently, the Coast Guard is implementing an updated temporary
deviation from the operating schedule that governs the Florida East
Coast (FEC) Railroad Bridge. This action supplants the temporary
deviation implemented on June 21, 2023, and was informed by public
comments and engagements with FEC, Brightline, the Federal Railroad
Administration, and community stakeholders.
The Coast Guard is working to develop a predictable bridge schedule
that allows north and southbound passenger and freight trains to
proceed without stopping while providing safe passage and reasonable
access for mariners.
Titan Submersible Accident
Question 6. Admiral Fagan in your testimony you noted that the
Coast Guard will leverage new technology to enable rapid information
sharing, which will help the Coast Guard make the best operational
decisions in situations such as searching for overdue mariners.
During the Coast Guard response to the Titan Submersible accident,
at what time did the Coast Guard receive information from the Navy that
indicated that the submersible had likely imploded?
Answer. The Coast Guard received notification the morning of June
19, 2023, that the U.S. Navy had detected an anomaly. The information
the U.S. Navy provided was not definitive or specific to a source.
Question 6a. After the Coast Guard received this information,
please describe the additional assets that the Coast Guard deployed to
continue searching, the cost of those assets, and why the Coast Guard
made the decision to continue searching using those assets after
receiving the information that an implosion had likely occurred?
Answer. The information the U.S. Navy provided was not definitive
or specific to a source. Absent definitive information, the Coast Guard
has a statutory and moral responsibility to continue to search until
all reasonable efforts are exhausted. Coast Guard surface and air
assets utilized during the search effort consisted of 40 hours from a
HC-130 aircraft with a cost of $661,000, and 25 hours from the Coast
Guard Cutter Sycamore with a cost of $223,000.
Question 6b. Were there any lessons learned during this search that
could improve coordination between the Coast Guard and the Navy during
deep sea search and rescue?
Answer. The Coast Guard continues to work through the formal After-
Action Report process to identify lessons learned regarding
coordination with the U.S. Navy during this response.
This incredibly complex search operation required both surface and
subsurface elements, and the unified approach was critical to
overcoming these challenges.
Challenges, including the location of the search area (900
miles east of Cape Cod and 400 miles southeast of St. John's),
size of the surface search area (approximately twice the size
of Connecticut), and depth of the search area (12,500 feet),
made it exceptionally difficult to mobilize large amounts of
specialized, capable equipment.
The Unified Command also had to factor in ever-changing
weather conditions, currents, and sea states that expanded the
search area every hour.
Despite these challenges, the Unified Command provided
continuous air, surface, and sub-surface search assets
throughout the response.
The close relationship between the Coast Guard and U.S. Navy was
critical to overcoming significant response hurdles. The Navy (i.e.,
Naval Sea Systems Command, Navy Supervisor of Salvage and Diving)
provided and coordinated surface and subsurface resources and best-in-
the-world subject matter expertise and served as search coordinators
for underwater operations.
Sexual Assault and Sexual Harassment
Question 7. Master Chief Jones, As the Master Chief Petty Officer
of the Coast Guard, you have a unique role in looking out for the needs
of the Coast Guard workforce, including their safety and well-being. We
recently learned about the Coast Guard's failure to disclose a host of
sexual assaults that occurred at the Coast Guard Academy between 1988
and 2006. Better transparency with Congress and with your own Coast
Guard workforce will be essential going forward. You have described the
new and better systems that are now in place to address allegations of
sexual assault and sexual harassment at the Academy and in the fleet.
But these systems only work when the Service's culture and the chain of
command reinforce them, take this issue seriously, and enforce the
rules rigorously.
Can you commit to this Committee that when the Coast Guard
discovers this type of significant issue that it will notify this
Committee as soon as possible, rather than three years after the fact,
so that Congress can ensure that you have the authorities and resources
needed to address these issues?
Answer. Yes. The Coast Guard acknowledges the critical importance
of transparency in our communication with Congress, particularly
regarding significant issues of this kind. We are committed to a
proactive approach in our communication with Congress and look forward
to working with the Committee to ensure our Service has the authorities
and resources needed to address future issues.
Preserve Parental Guardianship Rights
Question 8. Admiral Fagan we owe Coast Guard men and women a
workplace free from sexual assault and harassment. I've worked on a
bipartisan basis for years with Senator Gillibrand to protect members
of the military from sexual assault. We also teamed up to enact into
law the CADET Act, which ended unfair, antiquated, and unacceptable
policies that forced female students in America's military academies,
including the Coast Guard Academy, to either permanently withdraw from
those academies or give up their children if they become pregnant. The
Coast Guard Authorization Act of 2022 required the Coast Guard, within
18 months, to prescribe regulations for the Coast Guard Academy that
include the option to preserve parental guardianship rights of a cadet
who becomes pregnant or fathers a child, consistent with the individual
and academic responsibilities of such cadet.
What progress has the Coast Guard made on those regulations?
Answer. On November 1, 2023, the DoD released DoD Directive 5124.02
regarding parental rights of cadets enrolled at military service
academies. Like the DoD military service academies, the Coast Guard
Academy (CGA) received this instruction on November 2, 2023. The CGA
drafted a Superintendent's Instruction (i.e., CGA policy) consistent
with the provisions of the DoD directive, per congressional
requirements. That draft is in the process of concurrent clearance at
the CGA and, when signed, the instruction will afford cadets the option
to preserve parental guardianship, fulfilling the requirements of
Section 11403 of the 2022 Coast Guard Authorization Act.
TARS
Question 9. Admiral Fagan Congress has worked hard to ensure the
Coast Guard has the tools and resources it needs to effectively perform
its statutory missions. Section 11266 of the Don Young Coast Guard
Authorization Act of 2022 directed the Secretary of Homeland Security,
subject to the availability of appropriations, to procure a tethered
aerostat radar system (TARS) for use by the Coast Guard at and around
Coast Guard Station South Padre Island, Texas. Coast Guard operational
commanders in Texas have indicated that deployment of the TARS has
increased the Coast Guard's maritime domain awareness of attempted
illegal immigration into the United States and illegal fishing in U.S.
waters, while also having a powerful deterrent effect against potential
criminal activity along the U.S.-Mexico maritime border.
What is the Coast Guard's estimate of the total annual cost to
deploy the TARS at and around Coast Guard Station South Padre Island on
a full-time basis (24/7, 365 days a year)?
Answer. The Coast Guard does not maintain or have access to costing
data associated with the tethered aerostat radar system (TARS) and
defers to the U.S. Customs and Border Protection (CBP) who funds,
deploys, and operates the system.
Question 9a. Has the Coast Guard considered, and to what extent,
the additional procurement and deployment of a TARS system to increase
maritime domain awareness in other Coast Guard areas of operation (AOR)
that include a maritime border, such as the Sector San Diego AOR? If
not, please explain why not.
Answer. The Coast Guard has explored the use of TARS in other areas
of responsibility (AORs) in partnership with CBP, who maintains and
operates the TARS system through its established program of record. CBP
is the lead agency for procurement and prioritization of the deployment
of the TARS system throughout the United States.
Question 9b. ``Migrant interdiction'' is one of the Coast Guard's
11 statutory missions. Please describe if and to what extent Coast
Guard resources being deployed to address a surge in illegal
immigration are having an adverse impact on the Coast Guard's ability
to effectively conduct its other statutory missions and
responsibilities
Answer. In response to varying levels of irregular maritime
migration in the Caribbean, Coast Guard operational commanders have
reallocated resources to OVS to support the U.S. Department of Homeland
Security's (DHS) interagency response. As of August 7, 2023, 400 major
cutter days have been redirected to OVS from drug interdiction
operations, 477 major cutter days have been redirected from living
marine resources missions, and 3,010 buoy tender hours have been
redirected from aids to navigation missions.
Question 9c. California Senate Bill 54, The California Values Act
(sometimes referred to as California's ``Sanctuary State'' law), limits
the involvement of state and local agencies in immigration enforcement
activities. It also limits state and local coordination with Federal
authorities in conducting lawful immigration enforcement activities.
Please describe how California Senate Bill 54 has impacted the ability
of the Coast Guard to effectively and efficiently coordinate with state
and local entities in completing its statutory missions, including
migrant interdiction.
Answer. The Coast Guard cooperates with Federal, state, and local
entities in the Coastal California Region to conduct its migrant
interdiction mission. At present, Coast Guard operations have not been
impacted by this state law.
______
Response to Written Questions Submitted by Hon. Roger Wicker to
Admiral Linda L. Fagan
NSCs
Question 10. Admiral Fagan, as you have publicly stated, the needs
of the Coast Guard have never been greater. Therefore, you need every
asset at your disposal to carry out your eleven statutory missions.
However, the Coast Guard plans to replace your 12 legacy High Endurance
Cutters with only 11 National Security Cutters (NSC). An April 2023
U.S. Naval Institute article titled ``The Case for National Security
Cutters 12 and 13'' clearly articulates the need for more NSCs to
compete with China in the Indio-Pacific region. More importantly, the
author of the article, Commander Philip Granati, is the Chief of Budget
Appropriations Management. There are senior members of your Coast Guard
who strongly believe you need additional NSCs to meet the demands of
the Service. I strongly believe 11 NSCs cannot meet the increasing
demands of our Coast Guard. NSCs are your most technologically advanced
asset capable of supporting the U.S. Navy, countering transnational
criminal organizations, and combating Illegal, Unreported, and
Unregulated fishing. As the needs of the Coast Guard increase, so
should the number of NSCs at your disposal.
Why has the Coast Guard not asked for additional National Security
Cutters?
Answer. The Coast Guard is not actively seeking to acquire
additional National Security Cutters (NSCs). As part of the FY 2022
Coast Guard Fleet Mix Analysis, it was determined that the nine
operational NSCs, plus the two in production, along with planned
deliveries of the Offshore Patrol Cutters (OPCs) and Fast Response
Cutters (FRCs), will meet the present-day and anticipated emerging
mission needs of the Service. The analysis allows some flexibility to
determine the ``sufficient'' fleet mix as mission demands evolve and
expand to increase the Coast Guard presence in accordance with mission
planning requests. The Service continues to scrutinize and manage
competing demands to allocate the force appropriately as emerging
mission requirements manifest.
Navita System
Question 11. Admiral Fagan, the Coast Guard is responsible for
credentialing approximately 20,000 Merchant Mariners. However, the
system the Coast Guard uses to issue licenses and documentation is from
the 1990s. This antiquated system delays the issuance of Merchant
Mariners Credentials while our Nation faces a mariner shortage. On the
Coast Guard's Unfunded Priority list is an $11 million request for a
new credentialing system, Navita.
How would the Navita System improve the Coast Guard's ability to
support the Merchant Marine?
Answer. The new mariner credentialing system will be an interactive
on-line solution that will enable direct interaction between the Coast
Guard and the maritime industry to process mariner applications,
medical certificates, and other credentialing functions. This system
will significantly improve customer service, improve workflows and
processing times, and supply critical information supporting national
security and defense operations.
COC Examination
Question 12. Given the Coast Guard's lack of budget and resources
to hire and train more inspectors, does the Service have the capability
to implement a risk-based Certificate of Compliance (COC) examination
program for all foreign flag tank vessels?
Answer. If given the legal authority, the Coast Guard has the
capability to implement a risk-based Certificate of Compliance (COC)
examination program for all foreign flag tank vessels.
Question 12a. And, if the Coast Guard does have that capability, is
there anything that the Service requires of Congress in order to
implement such a program for all foreign flag tank vessels?
Answer. Currently, 46 U.S.C. Sec. 3714 requires the Coast Guard to
inspect all tank vessels at least once a year. Accordingly, the Coast
Guard does not have the statutory authority to implement a risk-based
COC examination program for foreign flag tank vessels.
Question 12b. Finally, please estimate the cost and work-hour
savings to the Coast Guard of implementing such a program for tank
vessels.
Answer. Based on rough order of magnitude estimates, data shows
that the Coast Guard currently expends approximately 41,800 hours
annually conducting exams and other activities related to foreign tank
vessels. The Coast Guard cannot provide an estimate of the cost and
work-hour savings for risk-based inspections on foreign tank vessels,
as the Coast Guard has not contemplated or analyzed a risk-based
inspection regime for these vessels.
______
Response to Written Questions Submitted by Hon. Dan Sullivan to
Admiral Linda L. Fagan
SCIF on the OPC
Question 13. The additional capabilities enabled by having a
sensitive compartmented information facility (SCIF) on the OPC are
significant. The Coast Guard is working with the Navy to have SCIF
equipment for stage 2 OPCs designated and funded as Navy-Type Navy-
Owned.
How are those conversations going and do you need any support from
Congress to ensure that issue does not cause further delays in making
the OPCs operational?
Answer. The Coast Guard OPC is being built with a Sensitive
Compartmented Information Facility and communications reach-back
capability, enabling integration with the NSCs, Polar Security Cutters
(PSC), and DoD assets for tactical intelligence sharing and operational
coordination.
Quality of Life
Question 14. Quality of life means taking care of families and
there is little more important to families than childcare. In the 2022
Coast Guard Authorization Act, we expanded the childcare subsidy
program for the Coast Guard and provided discounts for families with
multiple children at military child development centers, helping to
provide some assistance to families. Even with that, I've heard quite a
bit from my constituents about their challenges in finding childcare in
their communities.
Communities where the Coast Guard has a substantial presence, like
Sitka and Valdez, don't have the childcare facilities they need. The
capacity of their existing childcare facilities doesn't come close to
covering the number of families seeking care for their children. In
fact, it lags far behind the national average.
Similarly, access to affordable housing remains an issue for many
in the Coast Guard, particularly in remote areas. I recently visited
Kodiak and we saw where the new base housing will be built. I'm pleased
to see that Kodiak will get new additional housing to support members
stationed there, but other communities like Ketchikan continue to
suffer from a shortage of available housing. The most recent Coast
Guard Authorization Act required the Coast Guard to develop a strategy
to improve quality of life at remote units. That strategy must address
methods to increase childcare services and improve the availability or
affordability of housing options for members & their dependents in
these remote areas. What is the status of that strategy?
Answer. The Strategy to Improve Quality of Life at Remote Units is
still under development.
Question 14a. Can you provide some insights into how your strategy
will address childcare & housing issues in remote areas?
Answer. The Coast Guard makes every effort to ensure members and
their families understand all the housing options available to them,
including those assigned in remote or seasonal locations. The Coast
Guard employs an aggressive communication strategy to ensure the
workforce is informed on the benefits and tools available to assist
their housing needs.
Messaging this information was particularly relevant during the
past transfer season, where housing costs were high, and some members
were experiencing difficulty locating affordable rental housing. As
part of the Coast Guard communication strategy, housing officers
ensured one-on-one contact with all inbound personnel to address
housing needs prior to arrival at the new duty station. The Coast Guard
also disseminated entitlement information and tools to assist members
with their housing needs. The following links illustrate the Coast
Guard's commitment to communicating information to members and their
families:
Housing market woes? PPV housing might be your answer--25
May 2021. https://www.mycg.uscg.mil/News/Article/2632227/
housing-market-woes-ppv-housing-might-be-your-answer/
BAH Rates 101: What every USCG member should know--25 May
2021. https://www.mycg.uscg.mil/News/Article/2632161/bah-rates-
101-what-every-uscg-member-should-know/
PCS season: How to survive with a smile--25 May 2021.
https://www.my
cg.uscg.mil/News/Article/2632004/pcs-season-how-to-survive-
with-a-smile/
House hunting help for the 2021 PCS season--15 April 2021.
https://www
.mycg.uscg.mil/News/Article/2573693/house-hunting-situation-
for-the-2021-pcs-season/
Relocation/Housing--21 Dec 2020. https://www.mycg.uscg.mil/
Enlisted/Personal-Resources/Article/2453977/relocation
The Fee Assistance program, which gives active-duty families the
most flexibility in finding licensed care is marketed through the Work-
Life family programs (Work-Life office briefings, transition programs,
command ombudsmen), and online outlets such as MyCG.uscg.mil.
Question 14b. Admiral, during a meeting we had in April 2022, we
discussed the Coast Guard's efforts to undertake a review of its Marine
Safety Detachment in Dutch Harbor, AK, to determine its suitability for
conversion to a family duty station. Can you give me an update on the
status of that review and when you expect it to be complete?
Answer. In June 2023, the Coast Guard conducted an internal
evaluation to update the findings of the on-site visit conducted in
2014. The evaluation was conducted in coordination with multiple
stakeholders including Coast Guard Work-Life and Medical staffs, and
members assigned to Marine Safety Detachment (MSD) Dutch Harbor. The
2014 on-site visit evaluated the feasibility of allowing dependents to
accompany active-duty Coast Guard members assigned to MSD Dutch Harbor.
The results of that visit concluded that Unalaska did not meet Coast
Guard requirements for accompanied tours. Factors included limited
availability of private sector rental housing, medical and dental care,
grocery and clothing stores, childcare services, and challenges with
shipping and receiving household goods. The 2023 evaluation compared
changes in the factors identified in the 2014 site visit to the current
state of the harbor, and concluded no significant changes have occurred
to support to the dependent-restricted designation.
FISH Act
Question 15. Alaska is the superpower of seafood, the source of
roughly two-thirds of all seafood harvested in the United States. Our
extraordinary abundance is the result of responsible stewards who've
sustainably managed this incredible resource and followed the rules.
But not all vessels and countries abide by these rules, ravaging fish
stocks without regard for other users or future generations-
particularly the worst offender, China.
I have introduced bipartisan legislation that is pending before
this committee, The FISH Act, to combat foreign illegal, unreported and
unregulated (IUU) fishing by blacklisting offending vessels from U.S.
ports and waters, bolstering the U.S. Coast Guard's enforcement
capabilities, and advancing international and bilateral negotiations to
achieve enforceable agreements and treaties.
Notwithstanding the fact that the purveyors of IUU fishing are
foreign fleets, I am concerned that the media is failing to distinguish
that U.S. fisheries operate in a sustainable manner. Over decades, the
Alaska fishing industry has built an incredible brand because of our
sustainable practices. Any suggestion that IUU fishing is occurring in
U.S. waters threatens that brand and reputation.
Admiral, The Coast Guard has worked with the TV reality series
Deadliest Catch since its inception in 2004 on Discovery Channel. On
recent episodes of the Deadliest Catch, there is a sub-plot where a
Coast Guard officer implies IUU fishing is occurring on the U.S. EEZ
side of the Bering Sea from U.S. vessels?
Answer. Illegal, unreported, and unregulated (IUU) fishing is a
pervasive, global threat. The Coast Guard partners with domestic
fishing communities to assist in identifying problems and bringing
potential issues (including those fishing vessels that violate Federal
and international laws and/or regulations) to light. IUU fishing occurs
in both international and national waters, as both foreign and domestic
fishing vessels can be found violating any nation's applicable laws
and/or regulations.
In the Bering Sea, the Coast Guard routinely patrols the maritime
boundary line to prevent foreign fishing vessels from illegally fishing
in the U.S. Exclusive Economic Zone (EEZ). The Bering Sea is known for
its broad scope of sustainable fisheries and is therefore ripe for
poachers; as such, the Coast Guard maintains a visible maritime law
enforcement presence in the region.
The Coast Guard has documented 25 confirmed or potential incursions
by foreign-flagged fishing vessels into the U.S. EEZ in this region
since 2018, with 23 of the 25 incursions occurring in 2022 and 2023. Of
note, in 2022, the Russian-flagged fishing vessel Ikhtiolog was
prosecuted by the Russian Border Guard for illegally fishing in the
U.S. EEZ nine separate times.
Question 15a. Given the exceptional fisheries management practices
and significant levels of enforcement, monitoring, and Coast Guard
presence in the Bering Sea/Aleutian Islands, this would certainly be a
shock. Can you dispel this plot line and confirm that the focus of IUU
enforcement is primarily foreign fleets?
Answer. In the Bering Sea and Chukchi Sea, the Coast Guard
routinely patrols the maritime boundary line to prevent foreign fishing
vessels from illegally fishing in the U.S. EEZ. The Coast Guard
prioritizes protecting these domestic fisheries from foreign
encroachment. Additionally, the U.S. Coast Guard actively counters IUU
fishing on the high seas, including the North Pacific Ocean, in
collaboration with allies and partners. Operations such as North
Pacific Guard illustrate how the Coast Guard partners with Canada,
Japan, and South Korea to enforce conservation measures in Regional
Fisheries Management Organizations. Another domestic example is a
domestic fisheries patrol by the CGC Kimball in November 2022. Cutter
Kimball patrolled the Bering Sea, Aleutian Islands, and Chukchi Sea
completing seven fisheries boardings, detecting two safety violations
and one fishery-specific violation to ensure regulatory compliance in
some of Alaska's most valuable commercial fisheries.
Western Alaska Oil Spill Planning Criteria Program
Question 16. In the most recent Coast Guard Authorization Act, we
established a Western Alaska Oil Spill Planning Criteria Program. This
program will improve the oil spill response program for vessels
operating in the challenging and diverse Western Alaska operating
environment.
One of the requirements in establishing this ``Oil Spill Response
Program'' is the hiring of a civilian program manager to administer the
program. What is the status of that hire?
Answer. The Coast Guard is actively working to meet the requirement
to hire a permanent civilian career employee as outlined in Section
11309, Western Alaska oil spill planning criteria. Given the timing of
the Don Young Coast Guard Authorization Act enactment and the Coast
Guard's FY 2023 enacted budget and delivery of the FY 2024 President's
Budget, the Coast Guard was unable to include the position within its
proposed budget requests. However, the Coast Guard is exploring
internal options to fulfill the requirement at the earliest available
opportunity.
Question 16a. Another requirement outlined in the act is that state
& local governments, tribes, vessel owners and operators, and other
relevant players be consulted in developing this criteria. I recognize
that it is still early in the process of establishing this oil spill
criteria, but I have heard concerns from some of my constituents that
they are being left out of this planning process. Can you outline where
the Coast Guard is in establishing these planning criteria and what
steps the Service is taking to ensure that local stakeholders are being
consulted?
Answer. The Coast Guard will actively seek and encourage
stakeholders and industry to actively participate in the planning and
development of the Western Alaska Oil Spill Planning Criteria. The
Coast Guard will also engage with appropriate Area Committees to
further consult with stakeholders, Tribal Nations, and partner agencies
during the development and implementation process. The Coast Guard will
query for views and concerns through a deliberate public outreach
process and all input will be considered prior to the development of
any regulations. The creation of effective regulation and policy will
require time to coordinate, engage, and solicit feedback from all
affected stakeholders in Alaska.
Vessel Fires I
Question 17. In 2020, the GAO recommended the Coast Guard analyze
salvage and marine firefighting incident responses to improve the Coast
Guard's response plan review process, including verifying response plan
information and contracts. Last month, the GAO reported that the Coast
Guard is beginning to review incidents more closely but has not
implemented an improved response plan verification process.
Does the Coast Guard need additional authority or resources to
ensure vessel operators and local firefighters are adequately prepared
for vessel fires?
Answer. The Coast Guard does not need additional authorities to
ensure vessel operators and local firefighters are adequately prepared
for vessel fires.
With respect to local firefighters, the Federal Fire Prevention and
Control Act of 1974 (P.L. 93-498) declares that firefighting is and
should remain a state and local function, meaning the fire department
located in the jurisdiction of the vessel or facility is the
responsible fire suppression agency and is in charge of all
firefighting efforts. The Coast Guard coordinates with local entities
at the Captain of the Port level through the Area Committee and the
Area Maritime Security Committee to effectively respond to various
contingencies. Integration of Coast Guard planning and risk assessment
efforts with those of state and local responsible agencies,
particularly local fire departments and port authorities, are of
paramount importance in preparing for vessel or waterfront fires. These
planning efforts are codified in local, state, and Coast Guard
contingency plans.
The Coast Guard is focused on improving the practical
implementation of salvage and marine fire fighting (SMFF) requirements,
verifying of SMFF resources identified in VRPs, and enforcing SMFF
regulations.
Shortage of Port Security Specialist Personnel
Question 18. Admiral Fagan, there has been a shortage of Port
Security Specialist personnel in the Sector Lower Mississippi River
Coast Guard operations for over four years. This shortage has caused
the Area Maritime Security Committee in Memphis, Tennessee, and the
surrounding 6 state area to run at 50 percent capacity?
What is the Coast Guard currently doing to address this personnel
issue?
Answer. The Coast Guard continues to operate despite an
unprecedented personnel shortage. The Personnel Service Center utilizes
Area and District Commander assignment priorities to reduce operational
risk and maximize the effective distribution of personnel based on the
totality of all vacancies throughout the Coast Guard. The Service will
assess the Port Security Specialist personnel shortages in the lower
Mississippi River area in the upcoming assignment year and determine
adequate staffing levels given competing needs across the Coast Guard.
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