I 111th CONGRESS 1st Session H. R. 2901 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.

1.

Short title

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

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.

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.

4.

Compulsory retirement

(a)

In general

Chapter 11 of title 14, United States Code, is amended by striking section 293 and inserting the following:

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. .

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. .

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:

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:

492b.

Distinguished flying cross

; and(2)by inserting after section 492 the following new section:

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. .

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).

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,.

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..