[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1838 Introduced in House (IH)]
105th CONGRESS
1st Session
H. R. 1838
To authorize appropriations for fiscal years 1998 and 1999 for the
Coast Guard, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 10, 1997
Mr. Shuster (for himself, Mr. Oberstar, Mr. Gilchrest, and Mr. Clement)
(all by request) introduced the following bill; which was referred to
the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal years 1998 and 1999 for the
Coast Guard, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard Authorization Act for
Fiscal Years 1998 and 1999''.
TITLE I--AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) Funds are authorized to be appropriated for necessary expenses
of the Coast Guard for fiscal year 1998, as follows:
(1) For the operation and maintenance of the Coast Guard,
$2,740,000,000, of which $25,000,000 shall be derived from the
Oil Spill Liability Trust Fund.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $379,000,000, to remain available until expended, of
which $20,000,000 shall be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990.
(3) For research, development, test, and evaluation of
technologies, materials, and human factors directly relating to
improving the performance of the Coast Guard's mission in
support of search and rescue, aids to navigation, marine
safety, marine environmental protection, enforcement of laws
and treaties, ice operations, oceanographic research, and
defense readiness, $19,000,000, to remain available until
expended, of which $3,500,000 shall be derived from the Oil
Spill Liability Trust Fund.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for medical
care of retired personnel and their dependents under chapter 55
of title 10, United States Code, $645,696,000.
(5) For environmental compliance and restoration at Coast
Guard facilities functions (other than parts and equipment
associated with operations and maintenance), $21,000,000, to
remain available until expended.
(b) Funds are authorized to be appropriated for necessary expenses
of the Coast Guard for fiscal year 1999, as follows:
(1) For the operation and maintenance of the Coast Guard,
$2,740,000,000, of which $25,000,000 shall be derived from the
Oil Spill Liability Trust Fund.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $379,000,000, to remain available until expended, of
which $20,000,000 shall be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990.
(3) For research, development, test, and evaluation of
technologies, materials, and human factors directly relating to
improving the performance of the Coast Guard's mission in
support of search and rescue, aids to navigation, marine
safety, marine environmental protection, enforcement of laws
and treaties, ice operations, oceanographic research, and
defense readiness, $19,000,000, to remain available until
expended, of which $3,500,000 shall be derived from the Oil
Spill Liability Trust Fund.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for medical
care of retired personnel and their dependents under chapter 55
of title 10, United States Code, $675,568,000.
(5) For environmental compliance and restoration at Coast
Guard facilities functions (other than parts and equipment
associated with operations and maintenance), $21,000,000, to
remain available until expended.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) The Coast Guard is authorized an end-of-year strength for
active duty personnel of 37,660 as of September 30, 1998.
(b) For fiscal year 1998, the Coast Guard is authorized average
military training student loads as follows:
(1) For recruit and special training, 1,368 student years.
(2) For flight training, 98 student years.
(3) For professional training in military and civilian
institutions, 283 student years.
(4) For officer acquisition, 797 student years.
(c) The Coast Guard is authorized an end-of-year strength for
active duty personnel of such numbers as may be necessary as of
September 30, 1999.
(d) For fiscal year 1999, the Coast Guard is authorized average
military training student loads as follows:
(1) For recruit and special training, such student years as
may be necessary
(2) For flight training, such student years as may be
necessary.
(3) For professional training in military and civilian
institutions, such student years as may be necessary.
(4) For officer acquisition, such student years as may be
necessary.
TITLE II--PERSONNEL MANAGEMENT
SEC. 201. REMOVE CAP ON WARRANT OFFICER SEVERANCE PAY.
Section 286a(d) of title 14, United States Code, is amended by
striking the last sentence.
SEC. 202. SPECIAL RECRUITING AUTHORITY.
(a) Section 93 of title 14, United States Code, is amended--
(1) by striking ``and'' after the semicolon at the end of
paragraph (u);
(2) by striking the period at the end of paragraph (v) and
inserting a semicolon and the word ``and''; and
(3) by adding at the end the following:
``(w) for the purposes of rectifying under representation
of minorities in the Coast Guard where it exists and to meet
identified personnel resource requirements and training needs--
``(1) obtain research on Coast Guard personnel resource and
training needs; and
``(2) employ special programs for recruiting minorities,
including, subject to appropriations, the provision of
financial assistance by grant, cooperative agreement, contract,
or otherwise, to public or private associations, organizations,
or individuals (including academic scholarships for
individuals), to meet identified personnel resource
requirements.''.
(b) The special recruiting authority provided in this section shall
expire on December 31, 2002. Prior to any extension of this authority
beyond December 31, 2002, the Secretary shall submit a report to
Congress providing information on the funds expended for programs under
this authority and the effectiveness of those programs in increasing
the representation of minorities in the Coast Guard.
TITLE III--FINANCIAL AND PROPERTY MANAGEMENT
SEC. 301. USE OF APPROPRIATED FUNDS FOR COMMERCIAL VEHICLES AT MILITARY
FUNERALS.
Section 93 of title 14, United States Code, as amended by section
202 of this Act, is further amended--
(1) by striking ``and'' after the semicolon at the end of
paragraph (v);
(2) by striking the period at the end of paragraph (w) and
inserting ''; and''; and
(3) by adding at the end the following new paragraph:
``(x) rent or lease, under such terms and conditions as are
deemed advisable, commercial vehicles to transport the next of
kin of eligible retired Coast Guard military personnel to
attend funeral services of the service member at a national
cemetary.''.
SEC. 302. AUTHORITY TO REIMBURSE NOVATO, CALIFORNIA, REUSE COMMISSION.
The Commandant may use up to $25,000 to provide economic adjustment
assistance for the City of Novato, California, for the cost of revising
the Hamilton Reuse Planning Authority's reuse plan as a result of the
Coast Guard's request for housing at Hamilton Air Force Base. If the
Department of Defense provides such economic adjustment assistance to
the City of Novato on behalf of the Coast Guard, the Coast Guard may
use funds to reimburse the Department of Defense.
SEC. 303. ELIMINATE SUPPLY FUND REIMBURSEMENT REQUIREMENT.
Subsection 650(a) of title 14, United States Code, is amended by
striking ``The fund shall be credited with the value of materials
consumed, issued for use, sold, or otherwise disposed of, such values
to be determined on a basis that will approximately cover the cost
thereof.'' and inserting ``In these regulations, whenever the fund is
reduced to delete items stocked, the Secretary shall reduce the
existing capital of the fund by the value of the materials transferred
to other Coast Guard accounts. Except for the materials so transferred,
the fund shall be credited with the value of materials consumed, issued
for use, sold, or otherwise disposed of, such values to be determined
on a basis that will approximately cover the cost thereof.''.
SEC. 304. AUTHORITY TO IMPLEMENT AND FUND CERTAIN AWARDS PROGRAMS.
(a) Section 93 of title 14, United States Code, as amended by
sections 202 and 301 of this Act, is further amended--
(1) by striking ``and'' after the semicolon at the end of
paragraph (w);
(2) by striking the period at the end of paragraph (x) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(y) provide for the honorary recognition of individuals
and organizations that significantly contribute to Coast Guard
programs, missions or operations, including but not limited to
state and local governments and commercial and nonprofit
organizations, and pay for, using any appropriations or funds
available to the Coast Guard, plaques, medals, trophies,
badges, and similar items to acknowledge such contribution
(including reasonable expenses of ceremony and
presentation).''.
TITLE IV--REPORTS AND INVESTIGATIONS
SEC. 401. PROTECT MARINE CASUALTY INVESTIGATIONS FROM MANDATORY
RELEASE.
Section 6305 of title 46, United States Code, is amended:
(1) by striking ``(a)''; and
(2) by striking subsection (b) in its entirety.
SEC. 402. ELIMINATE BIENNIAL RESEARCH AND DEVELOPMENT REPORT.
Section 7001 of the Oil Pollution Act of 1990 (Public Law 101-380;
104 Stat. 559) is amended by striking all of subsection (e) and by
redesignating subsection (f) as subsection (e).
TITLE V--MARINE SAFETY AND ENVIRONMENTAL PROTECTION
SEC. 501. EXTENSION OF TERRITORIAL SEA FOR CERTAIN LAWS.
(a) Section 102 of the Ports and Waterways Safety Act (Public Law
92-340; 33 U.S.C. 1222) is amended by adding at the end the following:
``(5) `Navigable waters of the United States' includes all
waters of the territorial sea of the United States as described
in Presidential Proclamation 5928 of December 27, 1988.''.
(b) Subtitle II of title 46, United States Code, is amended as
follows:
(1) In section 2101--
(A) by redesignating paragraph (17a) as paragraph
(17b); and
(B) by inserting after paragraph (17) the
following:
``(17a) `navigable waters of the United States' includes
all waters of the territorial sea of the United States as
described in Presidential Proclamation 5928 of December 27,
1988.''.
(2) In section 2301, by inserting ``(including the
territorial sea of the United States as described in
Presidential Proclamation 5928 of December 27, 1988,)'' after
``of the United States''.
(3) In section 4102(e), by striking ``on the high seas''
and inserting ``beyond 3 nautical miles from the baselines from
which the territorial sea of the United States is measured''.
(4) In section 4301(a), by inserting ``(including the
territorial sea of the United States as described in
Presidential Proclamation 5928 of December 27, 1988)'' after
``of the United States''.
(5) In section 4502(a)(7), by striking ``on vessels that
operate on the high seas'' and inserting ``beyond 3 nautical
miles from the baselines from which the territorial sea of the
United States is measured''.
(6) In section 4506(b), by striking paragraph (2) and
inserting the following:
``(2) is operating--
``(A) in internal waters of the United States, or
``(B) within 3 nautical miles from the baselines
from which the territorial sea of the United States is
measured.''.
(7) In section 8502(a)(3), by striking ``not on the high
seas'' and inserting: ``not beyond 3 nautical miles from the
baselines from which the territorial sea of the United States
is measured''.
(8) In section 8503(a)(2), by striking paragraph (2) and
inserting the following:
``(2) is operating--
``(A) in internal waters of the United States, or
``(B) within 3 nautical miles from the baselines
from which the territorial sea of the United States is
measured.''.
(c) Section 1 of title XIII of the Act of June 15, 1917 (50 U.S.C.
195), is amended--
(1) by inserting ``(a)'' before ``The term'', and
(2) by adding at the end the following:
``(b) As used in this Act, the term `territorial waters of the
United States' includes all waters of the territorial sea of the United
States as described in Presidential Proclamation 5928 of December 27,
1988.''.
SEC. 502. MANDATORY SUSPENSION AND REVOCATION FOR MERCHANT MARINER
LICENSES.
(a) Section 7703 of title 46, United States Code, is amended by
adding a new subsection (b) to read as follows:
``(b) Notwithstanding section 7702(a) of this title, the Secretary
shall suspend or revoke, as determined under guidelines established by
regulation, a license, certificate of registry, or merchant mariner's
document of the holder--
``(1) has had one or more charges initiated under
subsection (a)(1) (A) or (B) of this section, found proved in
two or more hearings under this chapter; or
``(2) has accumulated one or more convictions of offenses
under subsection (a) (2) or (3) of this section.''.
(b) Section 7703 of title 46, United States Code, is amended by
inserting ``(a)'' at the beginning of the section.
<all>