[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2901 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2901

To amend title 14, United States Code, to improve benefits for members 
              of the Coast Guard, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 16, 2009

Mr. LoBiondo (for himself, Mr. Coble, Mr. Taylor, Mr. Delahunt, and Mr. 
    Mica) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
 Committees on Armed Services and Energy and Commerce, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend title 14, United States Code, to improve benefits for members 
              of the Coast Guard, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Coast Guard 
Servicemember Benefits Improvements Act''.

SEC. 2. COAST GUARD HOUSING AUTHORITIES.

    (a) In General.--Chapter 18 of title 14, United States Code, is 
amended--
            (1) in section 681--
                    (A) in the matter preceding paragraph (1) of 
                subsection (a)--
                            (i) by striking ``acquisition or 
                        construction'' both times it appears and 
                        inserting ``acquisition, construction, 
                        reconstruction, or maintenance''; and
                            (ii) by striking ``by private persons, 
                        including a small business concern qualified 
                        under section 8(a) of the Small Business Act 
                        (15 U.S.C. 637(a)),''; and
                    (B) in subsection (b), by striking ``No 
                appropriation shall be made'' and inserting ``Except as 
                provided in section 687(c), no appropriation shall be 
                made'';
            (2) in section 685(a)--
                    (A) by inserting ``any real'' after ``convey or 
                lease''; and
                    (B) by inserting ``under the administrative control 
                of the Coast Guard'' after ``facilities (including 
                ancillary support facilities)'';
            (3) in section 687--
                    (A) in subsection (b)(3), by striking ``for the 
                purpose of carrying out activities under this chapter 
                with respect to military family and military 
                unaccompanied housing.'' and inserting a period;
                    (B) in subsection (c)(1)--
                            (i) by striking ``In such amounts as 
                        provided in appropriation Acts and except'' and 
                        inserting ``Except''; and
                            (ii) by striking ``the Secretary may'' and 
                        inserting ``the Secretary may, without further 
                        appropriation,'';
                    (C) in subsection (e), by striking ``or (b)(3)'';
                    (D) by striking subsection (f); and
                    (E) by striking subsection (g);
            (4) in section 688, by adding at the end the following new 
        paragraph:
            ``(5) A report that identifies--
                    ``(A) all real property, facilities, and structures 
                under the administrative control of the Coast Guard to 
                be disposed or demolished and the estimated cost 
                thereof; and
                    ``(B) any family or unaccompanied housing 
                initiatives and capital construction projects planned 
                under this chapter.''; and
            (5) by repealing section 689.
    (b) Clerical Amendment.--The chapter analysis at the beginning of 
chapter 18 of such title is amended by striking the item relating to 
section 689.

SEC. 3. CHILD DEVELOPMENT SERVICES.

    Section 515 of title 14, United States Code, is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b)(1) The Commandant is authorized to use appropriated funds 
available to the Coast Guard to provide child development services.
    ``(2)(A) The Commandant is authorized to establish, by regulations, 
fees to be charged parents for the attendance of children at Coast 
Guard child development centers.
    ``(B) Fees to be charged, pursuant to subparagraph (A), shall be 
based on family income, except that the Commandant may, on a case-by-
base basis, establish fees at lower rates if such rates would not be 
competitive with rates at local child development centers.
    ``(C) The Commandant is authorized to collect and expend fees, 
established pursuant to this subparagraph, and such fees shall, without 
further appropriation, remain available until expended for the purpose 
of providing services, including the compensation of employees and the 
purchase of consumable and disposable items, at Coast Guard child 
development centers.
    ``(3) The Commandant is authorized to use appropriated funds 
available to the Coast Guard to provide assistance to family home 
daycare providers so that family home daycare services can be provided 
to uniformed servicemembers and civilian employees of the Coast Guard 
at a cost comparable to the cost of services provided by Coast Guard 
child development centers.'';
            (2) by repealing subsections (d) and (e); and
            (3) by redesignating subsections (f) and (g) as subsections 
        (d) and (e), respectively.

SEC. 4. COMPULSORY RETIREMENT.

    (a) In General.--Chapter 11 of title 14, United States Code, is 
amended by striking section 293 and inserting the following:
``Sec. 293. Compulsory retirement
    ``(a) Regular Commissioned Officers.--Any regular commissioned 
officer, except a commissioned warrant officer, serving in a grade 
below rear admiral (lower half), shall be retired on the first day of 
the month following the month in which the officer becomes 62 years of 
age.
    ``(b) Flag Officer Grades.--(1) Except as provided in paragraph 
(2), any regular commissioned officer serving in a flag officer grade 
shall be retired on the first day of the month following the month in 
which the officer becomes 64 years of age.
    ``(2) In the case of any regular commissioned officer serving in a 
flag officer grade position, the retirement under paragraph (1) of that 
officer may be deferred--
            ``(A) by the President, but such a deferment may not extend 
        beyond the first day of the month following the month in which 
        the officer becomes 68 years of age; or
            ``(B) by the Secretary of the department in which the Coast 
        Guard is operating, but such a deferment may not extend beyond 
        the first day of the month following the month in which the 
        officer becomes 66 years of age.''.
    (b) Application.--This section shall not apply to any individual 
who reaches the age of 62 before July 1, 2011. With regard to an 
individual who reaches the age of 62 before July 1, 2011, any provision 
of law, providing for compulsory retirement, that was in effect prior 
to the date of enactment shall continue to be applicable in the same 
manner and to the same extent as if this section had not been enacted.
    (c) Clerical Amendment.--The analysis at the beginning of chapter 
11 of such title is amended by striking the item relating to section 
293 and inserting the following:

``293. Compulsory retirement.''.

SEC. 5. CHAPLAIN ACTIVITY EXPENSE.

    Section 145 of title 14, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) detail personnel from the Chaplain Corps to provide 
        services, pursuant to section 1789 of title 10, to the Coast 
        Guard.''; and
            (2) by adding at the end the following new subsection:
    ``(d)(1) As part of the services provided by the Secretary of the 
Navy pursuant to subsection (a)(4), the Secretary may provide support 
services to chaplain-led programs to assist members of the Coast Guard 
on active duty and their dependents, and members of the reserve 
component in an active status and their dependents, in building and 
maintaining a strong family structure.
    ``(2) In this subsection, the term `support services' include 
transportation, food, lodging, child care, supplies, fees, and training 
materials for members of the Coast Guard on active duty and their 
dependents, and members of the reserve component in an active status 
and their dependents, while participating in programs referred to in 
paragraph (1), including participation at retreats and conferences.
    ``(3) In this subsection, the term `dependents' has the same 
meaning as defined in section 1072(2) of title 10.''.

SEC. 6. COAST GUARD CROSS; SILVER STAR MEDAL.

    (a) Coast Guard Cross.--Chapter 13 of title 14, United States Code, 
is amended by inserting after section 491 the following new section:
``Sec. 491a. Coast Guard cross
    ``The President may award a Coast Guard cross of appropriate 
design, with ribbons and appurtenances, to a person who, while serving 
in any capacity with the Coast Guard, when the Coast Guard is not 
operating under the Department of the Navy, distinguishes himself or 
herself by extraordinary heroism not justifying the award of a medal of 
honor--
            ``(1) while engaged in an action against an enemy of the 
        United States;
            ``(2) while engaged in military operations involving 
        conflict with an opposing foreign force or international 
        terrorist organization; or
            ``(3) while serving with friendly foreign forces engaged in 
        an armed conflict against an opposing armed force in which the 
        United States is not a belligerent party.''.
    (b) Silver Star Medal.--Such chapter is further amended--
            (1) by striking the heading of section 492a and inserting 
        the following:
``Sec. 492b. Distinguished flying cross'';
        and
            (2) by inserting after section 492 the following new 
        section:
``Sec. 492a. Silver star medal
    ``The President may award a silver star medal of appropriate 
design, with ribbons and appurtenances, to a person who, while serving 
in any capacity with the Coast Guard, when the Coast Guard is not 
operating under the Department of the Navy, is cited for gallantry in 
action that does not warrant a medal of honor or Coast Guard cross--
            ``(1) while engaged in an action against an enemy of the 
        United States;
            ``(2) while engaged in military operations involving 
        conflict with an opposing foreign force or international 
        terrorist organization; or
            ``(3) while serving with friendly foreign forces engaged in 
        an armed conflict against an opposing armed force in which the 
        United States is not a belligerent party.''.
    (c) Conforming Amendments.--Such chapter is further amended--
            (1) in section 494, by striking ``distinguished service 
        medal, distinguished flying cross,'' and inserting ``Coast 
        Guard cross, distinguished service medal, silver star medal, 
        distinguished flying cross,'' in both places it appears;
            (2) in section 496--
                    (A) in the matter preceding paragraph (1) of 
                subsection (a), by striking ``distinguished service 
                medal, distinguished flying cross,'' and inserting 
                ``Coast Guard cross, distinguished service medal, 
                silver star medal, distinguished flying cross,''; and
                    (B) in subsection (b)(2), by striking 
                ``distinguished service medal, distinguished flying 
                cross,'' and inserting ``Coast Guard cross, 
                distinguished service medal, silver star medal, 
                distinguished flying cross,''; and
            (3) in section 497, by striking ``distinguished service 
        medal, distinguished flying cross,'' and inserting ``Coast 
        Guard cross, distinguished service medal, silver star medal, 
        distinguished flying cross,''.
    (d) Clerical Amendments.--The analysis at the beginning of such 
chapter is amended--
            (1) by inserting after the item relating to section 491 the 
        following new item:

``491a. Coast Guard cross.''.
            (2) by striking the item relating to section 492a and 
        inserting the following new items:

``492a. Silver star medal.
``492b. Distinguished flying cross.''.

SEC. 7. COAST GUARD PARTICIPATION IN THE ARMED FORCES RETIREMENT HOME 
              (AFRH) SYSTEM.

    (a) In General.--Section 1502 of the Armed Forces Retirement Home 
Act of 1991 (24 U.S.C. 401) is amended--
            (1) by striking paragraph (4);
            (2) in paragraph (5)--
                    (A) by striking ``and'' at the end of subparagraph 
                (C);
                    (B) by striking the period at the end of 
                subparagraph (D) and inserting ``; and''; and
                    (C) by inserting at the end the following:
                    ``(E) the Assistant Commandant of the Coast Guard 
                for Human Resources.''; and
            (3) by adding at the end of paragraph (6) the following:
                    ``(E) The Master Chief Petty Officer of the Coast 
                Guard.''.
    (b) Conforming Amendments.--(1) Section 2772 of title 10, United 
States Code, is amended--
            (A) in subsection (a) by inserting ``or, in the case of the 
        Coast Guard, the Commandant'' after ``concerned''; and
            (B) by striking subsection (c).
    (2) Section 1007(i) of title 37, United States Code, is amended--
            (A) in paragraph (3) by inserting ``or, in the case of the 
        Coast Guard, the Commandant'' after ``Secretary of Defense'';
            (B) by striking paragraph (4); and
            (C) by redesignating paragraph (5) as paragraph (4).

SEC. 8. LEGAL ASSISTANCE FOR COAST GUARD RESERVISTS.

    Section 1044(a)(4) of title 10, United States Code, is amended--
            (1) by striking ``as determined by the Secretary of 
        Defense,'' and inserting ``as determined by the Secretary of 
        Defense and the Secretary of Homeland Security, with respect to 
        the Coast Guard when it is not operating as a service of the 
        Navy,''; and
            (2) by striking ``prescribed by the Secretary of Defense,'' 
        and inserting ``prescribed by Secretary of Defense and the 
        Secretary of Homeland Security, with respect to the Coast Guard 
        when it is not operating as a service of the Navy,''.

SEC. 9. CLARIFYING AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

    Section 2801(b) of the Public Health Service Act (42 U.S.C. 
300hh(b)) is amended by striking ``except that members of the armed 
forces under the authority of the Secretary of Defense shall remain 
under the command and control of the Secretary of Defense, as shall any 
associated assets of the Department of Defense.'' and inserting 
``except that members of uniformed services under the authority of the 
Secretary of Defense or, with respect to the Coast Guard, the Secretary 
of the department in which the Coast Guard is operating shall remain 
under the command and control of the Secretary of Defense or the 
Secretary of the department in which the Coast Guard is operating, 
respectively, as shall any associated assets of the Department of 
Defense or the department in which the Coast Guard is operating.''.
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