House Report 116-110 - PAY OUR COAST GUARD PARITY ACT OF 2019

[House Report 116-110]
[From the U.S. Government Publishing Office]

116th Congress } { Rept. 116-110
HOUSE OF REPRESENTATIVES
1st Session } { Part 1

======================================================================

PAY OUR COAST GUARD PARITY ACT OF 2019

_______

June 11, 2019.--Ordered to be printed

_______

Mr. DeFazio, from the Committee on Transportation and Infrastructure,
submitted the following

R E P O R T

[To accompany H.R. 367]

[Including cost estimate of the Congressional Budget Office]

The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 367) making appropriations for
Coast Guard pay in the event an appropriations Act expires
before the enactment of a new appropriations Act, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.

CONTENTS

Page
Purpose of Legislation........................................... 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 3
Legislative History and Consideration............................ 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Performance Goals and Objectives................................. 8
Duplication of Federal Programs.................................. 8
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 8
Federal Mandates Statement....................................... 8
Preemption Clarification......................................... 8
Advisory Committee Statement..................................... 9
Applicability to Legislative Branch.............................. 9
Section-by-Section Analysis of the Legislation................... 9
Changes in Existing Law Made by the Bill, as Reported............ 10

The amendment is as follows:
Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Pay Our Coast Guard Parity Act of
2019''.

SEC. 2. FINDINGS.

The Congress makes the following findings:
(1) The Coast Guard is a military service and a branch of the
Armed Forces of the United States at all times regardless of
whether it operates as a service in the Department of Homeland
of Security or as a service in the Navy.
(2) Notwithstanding respective appropriations and except as
otherwise provided in law, members of the Coast Guard should
receive treatment equitable to that of other members of the
Armed Forces with regard to pay and benefits.

SEC. 3. COAST GUARD PAY; CONTINUATION.

(a) In General.--Chapter 27 of title 14, United States Code, is
amended by adding at the end the following:

``Sec. 2780. Pay; continuation during lapse in appropriations.

``(a) In General.--In the case of any period in which there is a
Coast Guard-specific funding lapse, there are appropriated such sums as
may be necessary--
``(1) to provide pay and allowances to military members of
the Coast Guard, including the reserve component thereof, who
perform active service or inactive-duty training during such
period;
``(2) to provide pay and benefits to qualified civilian
employees of the Coast Guard;
``(3) to provide pay and benefits to qualified contract
employee of the Coast Guard;
``(4) to provide for----
``(A) the payment of a death gratuity under sections
1475 through 1477 and 1489 of title 10, with respect to
members of the Coast Guard;
``(B) the payment or reimbursement of authorized
funeral travel and travel related to the dignified
transfer of remains and unit memorial services under
section 481f of title 37, with respect to members of
the Coast Guard; and
``(C) the temporary continuation of a basic allowance
of housing for dependents of members of the Coast Guard
dying on active duty, as authorized by section 403(1)
of title 37; and
``(5) to provide for Coast Guard 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 Benefits Plans,
payment for career status bonuses, payment of continuation pay
under section 356 of title 37, concurrent receipts, combat-
related special compensation, and payments for medical care of
retired personnel and their dependents under chapter 55 of
title 10.
``(b) Coast Guard-specific Funding Lapse.--For purposes of this
section, a Coast Guard-specific funding lapse occurs in any case in
which----
``(1) a general appropriation bill providing appropriations
for the Coast Guard for a fiscal year is not enacted before the
beginning of such fiscal year (and no joint resolution making
continuing appropriations for the Coast Guard is in effect);
and
``(2) a general appropriation bill providing appropriations
for the Department of Defense for such fiscal year is enacted
before the beginning of such fiscal year (or a joint resolution
making continuing appropriations for the Department of Defense
is in effect).
``(c) Termination.--Appropriations and funds made available and
authority granted for any fiscal year for any purpose under subsection
(a) shall be available until whichever of the following first occurs:
``(1) The enactment into law of an appropriation (including a
continuing appropriation) for such purpose.
``(2) The enactment into law of an appropriation (including a
continuing appropriation) for the Coast Guard without provision
for such purpose.
``(3) The termination of availability of appropriations for
the Department of Defense.
``(4) The date that is 180 days after the beginning of the
Coast Guard-specific funding lapse.
``(d) Rate for Operations; Applicability to Appropriation Acts.--
Appropriations made pursuant this section shall be available at a rate
for operations and to the extent and in the manner that would be
provided by the pertinent appropriations Act.
``(e) Charge to Future Appropriations.--Expenditures made pursuant to
this section shall be charged to the applicable appropriation, fund, or
authorization whenever a bill in which such applicable appropriation,
fund, or authorization is enacted into law.
``(f) Apportionment.--Appropriations and funds made available by or
authority granted under this section may be used without regard to the
time limitations for submission and approval of apportionments set
forth in section 1513 of title 31, but nothing in this section may be
construed to waive any other provision of law governing the
apportionment of funds.
``(g) Definitions.--In this section:
``(1) The term `qualified civilian employee' means a civilian
employee of the Coast Guard whom the Commandant determines is--
--
``(A) providing support to members of the Coast Guard
or another Armed Force; or
``(B) performing work as an excepted employee or an
employee performing emergency work, as those terms are
defined by the Office of Personnel Management.
``(2) The term `qualified contract employee of the Coast
Guard' means an individual performing work under a contract
whom the Commandant determines is----
``(A) providing support to military members or
qualified civilian employees of the Coast Guard or
another Armed Force; or
``(B) required to perform work during a lapse in
appropriations.''.
(b) Clerical Amendment.--The analysis for chapter 27 of title 14,
United States Code, is amended by adding at the end the following:

``2780. Pay; continuation during lapse in appropriations.''.

Purpose of Legislation

The purpose of H.R. 367, as amended, the Pay Our Coast
Guard Parity Act of 2019, is to amend title 14, United States
Code, to provide permanent authority to appropriate funds for
Coast Guard pay during a Coast Guard-specific funding lapse.

Background and Need for Legislation

Except when it operates as a service in the Navy, which has
not happened since World War II, the U.S. Coast Guard operates
as a service in the Department of Homeland Security (DHS).
Therefore, it is the only U.S. Armed Force not funded through
the Department of Defense (DoD). Instead, it is funded as a
component under DHS. From mid-December 2018 to late January
2019, a lapse in federal appropriations occurred for some
federal agencies; including the Department of Homeland
Security. Given that the DoD had already received a full-year
appropriation prior to the lapse in appropriation, the Coast
Guard was the only Armed Force not funded during the lapse in
appropriation.

Hearings

For the purposes of section 103(i) of H. Res. 6 of the
116th Congress, the following hearing was used to develop or
consider H.R. 367, as amended:
The Subcommittee on Coast Guard and Maritime Transportation
held a hearing on March 6, 2019, entitled, ``U.S. Maritime and
Shipbuilding Industries: Strategies to Improve Regulation,
Economic Opportunities, and Competitiveness.'' The Subcommittee
received testimony from RADM Mark H. Buzby (USN Ret.),
Administrator, Maritime Administration, Department of
Transportation; RADM John Nadeau, Assistant Commandant for
Prevention Policy, United States Coast Guard; RADM Michael A.
Alfultis, President, State University of New York Maritime
College; Mr. John E. Crowley, Jr., President, National
Association of Waterfront Employers; Mr. Michael Roberts,
Senior Vice President and General Counsel, Crowley Maritime,
testifying on behalf of American Maritime Partnership; Mr.
Augustin Tellez, Executive Vice President, Seafarers
International Union, testifying on behalf of American Maritime
Officers, Masters, Mates and Pilots, and The Seafarers
International Union; and Ms. Jennifer A. Carpenter, Executive
President and Chief Operating Officer, The American Waterways
Operators. Topics discussed included impacts of the recent
government shutdown and lapse in appropriations on the Coast
Guard workforce and the Coast Guard's regulatory missions.

Legislative History and Consideration

H.R. 367 was introduced in the House on January 9, 2019, by
Mr. DeFazio, Mr. Mast, Mr. Thompson of Mississippi, and Mr.
Garamendi; and referred to the Committee on Appropriations, and
the Committee on Transportation and Infrastructure. Within the
Committee, H.R. 367 was referred to the Subcommittee on Coast
Guard and Maritime Transportation.
The Subcommittee on Coast Guard and Maritime Transportation
was discharged from further consideration of H.R. 367 on March
27, 2019.
The Full Committee met in open session to consider H.R. 367
on March 27, 2019, and ordered the measure to be reported
favorably to the House, as amended, by voice vote, with a
quorum present.
The Committee took the following actions:
An Amendment in the Nature of a Substitute offered by Mr.
DeFazio, (#1); was AGREED TO by voice vote.

Committee Votes

Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
No recorded votes were requested during consideration of
H.R. 367, as amended.

Committee Oversight Findings

With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.

New Budget Authority and Tax Expenditures

Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.

Congressional Budget Office Cost Estimate

With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 367, as amended,
from the Director of the Congressional Budget Office:

U.S. Congress,
Congressional Budget Office,
Washington, DC, May 28, 2019.
Hon. Peter A. DeFazio,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 367, the Pay Our
Coast Guard Parity Act of 2019.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Keith Hall,
Director.
Enclosure.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

Bill summary: Under current law, most of the Coast Guard's
personnel-related spending is subject to appropriation. H.R.
367 would provide mandatory funding for pay, allowances, and
benefits for certain personnel in the event of a lapse in
discretionary appropriations for its activities. Under the
bill, that authority would be triggered only if discretionary
appropriations for the Department of Defense (DoD) were in
place for the current year and would be available for a maximum
of 180 days in any fiscal year.
Estimated Federal cost: The estimated budgetary effect of
H.R. 367 is shown in Table 1. The costs of the legislation fall
within budget functions 050 (national defense) and 400
(transportation).

TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 367
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
------------------------------------------------------------------------------------------------------------
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2019-2024 2019-2029
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increases in Direct Spending

Estimated Budget Authority................. 0 2,698 2,774 2,857 2,940 3,024 3,108 3,193 3,280 3,370 3,460 14,294 30,706
Estimated Outlays.......................... 0 2,698 2,774 2,857 2,940 3,024 3,108 3,193 3,280 3,370 3,460 14,294 30,706
--------------------------------------------------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding.

Basis of estimate: Under H.R. 367, mandatory appropriations
would be available, under certain circumstances, to provide pay
and allowances to military members of the USCG (including
active-duty members and reservists). The bill also would allow
the service to provide pay and benefits to civilian and
contract employees who the Commandant determines are eligible
for that compensation. That latter group would include people
who support the USCG or other armed forces, are excepted from
furlough, or perform emergency work.
Spending under H.R. 367 could only occur if future laws
providing appropriations for DoD were in place. In that sense,
such spending could be considered to be contingent on--and
attributable to--future legislation. On the other hand, if
DoD's funding were already in place prior to a lapse in
discretionary funding for the USCG, the authorities specified
in H.R. 367 would automatically take effect in the absence of
any future legislation. Moreover, in CBO's view, H.R. 367 would
change current law by authorizing the USCG to obligate funds in
the absence of future legislation. As a result, for this
estimate, CBO has classified the potential budgetary effects of
H.R. 367 as an increase in direct spending.
Direct spending: Using information from the USCG about the
expected costs of providing pay, allowances, and benefits in
2019, CBO estimates that outlays for those purposes will total
about $5 billion for the fiscal year. That amount includes
roughly $4 billion in pay and allowances for military personnel
(including active-duty members and reservists) and nearly $1
billion for pay and benefits for civilian employees. In
addition, CBO estimates that payments to USCG contractors in
2019 will include about $120 million in personnel-related
costs. That estimate is based on information from DoD about the
proportion of its personnel that typically are engaged through
contracts to perform work or services in support of military
functions.
Under H.R. 367, CBO estimates new direct spending for the
USCG's personnel-related costs would total roughly $2.7 billion
in 2020 and $30.7 billion over the 2020-2029 period. That
estimate reflects 180 days' worth of costs that CBO expects
could be incurred in each of the next 10 years. It incorporates
CBO's projections of annual increases to military and civilian
pay, and it accounts for information from the USCG about
anticipated growth in the service's force strength.
In addition to providing mandatory appropriations for pay,
allowances, and benefits to current USCG employees and
contractors, H.R. 367 would provide funding for retirement
benefits to USCG retirees. Under current law, although annual
appropriation acts provide the budgetary resources needed to
pay such benefits, spending for USCG retired pay--which is
governed by underlying laws regarding military retirement that
specify benefit formulas and eligibility criteria--is
classified as mandatory. As a result, CBO estimates that
enacting that provision of H.R. 367 would not affect direct
spending.
Spending subject to appropriation: If a lapse in
discretionary appropriations triggers the authority under the
bill, the resulting increases in mandatory funding under the
bill would reduce the need for future appropriations to the
USCG for pay, allowances, and benefits for affected personnel.
However, because H.R. 367 would not affect the amount of
funding authorized to be appropriated to the USCG in future
years, this estimate does not reflect any potential reductions
in spending subject to appropriation. (Under current law, no
such authorizations have been enacted beyond 2019.)
Uncertainty: Whether the authority provided under H.R. 367
were triggered in the future, and the timing and magnitude of
resulting direct spending, would depend on future legislative
decisions of the Congress. As a result, CBO's estimate of
additional direct spending under H.R. 367 is uncertain.
For example, if the Congress were to continue to provide
discretionary appropriations for the USCG in future years,
direct spending under H.R. 367 would probably be much less than
indicated in this estimate. Historically, lapses in
discretionary appropriations have been relatively infrequent
and short-lived. CBO has no basis, however, for predicting the
timing or duration of future lapses in discretionary funding.
In addition, the amount of mandatory budget authority
provided under H.R. 367 would depend on the number of personnel
who would receive compensation under the bill, which is
uncertain. Overall costs would depend on the size of the USCG
workforce, which would depend on future administrative
decisions about desired military force strength. Furthermore,
whereas all military personnel would qualify for pay and
allowances under H.R. 367, the Commandant of the USCG would
determine which civilian employees and contractors would
qualify for pay and benefits. Also, because the current
structure of the USCG's payments to contractors does not
identify personnel-related costs, that component of CBO's
estimate, which relies on historical analyses of comparable
costs for DoD, is particularly uncertain.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in Table 2.

TABLE 2.--CBO'S ESTIMATE OF PAY-AS-YOU-GO EFFECTS OF H.R. 367
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
------------------------------------------------------------------------------------------------------------
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2019-2024 2019-2029
--------------------------------------------------------------------------------------------------------------------------------------------------------
Net Increase in the Deficit

Statutory Pay-As-You-Go Effect............. 0 2,698 2,774 2,857 2,940 3,024 3,108 3,193 3,280 3,370 3,460 14,294 30,706
--------------------------------------------------------------------------------------------------------------------------------------------------------

Increase in long-term deficits: CBO estimates that enacting
H.R. 367 would increase on-budget deficits by more than $5
billion in all of the four consecutive 10-year periods
beginning in 2030.
Mandates: None.
Estimate prepared by: Federal Costs: Megan Carroll
Mandates: Jon Sperl.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Cost Estimates Unit; H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis; Theresa Gullo,
Assistant Director for Budget Analysis.

Performance Goals and Objectives

With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation, as amended,
is to provide permanent authority to appropriate funds for
Coast Guard pay during a Coast Guard-specific funding lapse.

Duplication of Federal Programs

Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 367, as amended, establishes or reauthorizes a program
of the federal government known to be duplicative of another
federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.

Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits

In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.

Federal Mandates Statement

The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).

Preemption Clarification

Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 367, as amended,
does not preempt any state, local, or tribal law.

Advisory Committee Statement

No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation, as amended.

Applicability to Legislative Branch

The Committee finds that the legislation, as amended, does
not relate to the terms and conditions of employment or access
to public services or accommodations within the meaning of
section 102(b)(3) of the Congressional Accountability Act
(Public Law 104-1).

Section-by-Section Analysis of the Legislation

Sec. 1. Short title

This section provides that this bill may be cited as the
``Pay Our Coast Guard Parity Act of 2019.''

Sec. 2. Findings

This section states that Congress finds that the Coast
Guard is at all times a military service and branch of the
Armed Forces and that members of the Coast Guard should receive
treatment equitable to that of other members of the Armed
Forces with regard to pay and benefits.

Sec. 3. Coast Guard pay; continuation.

This section amends title 14, United States Code, to
provide permanent authority to appropriate funds for Coast
Guard pay during a Coast Guard-specific funding lapse.
Specifically, it provides funds for:
Pay and allowances for active duty and reserve
members of the Coast Guard;
Pay and allowances for qualified civilian
employees of the Coast Guard;
Pay and allowances for qualified contractors of
the Coast Guard;
The payment of death gratuities with respect to
members of the Coast Guard;
The payment or reimbursement of authorized
funeral travel and travel related to the dignified transfer of
remains and unit memorial services with respect to members of
the Coast Guard;
The temporary continuation of a basic allowance
of housing for dependents of members of the Coast Guard dying
on active duty; and
Coast Guard retired pay and benefits.
This section defines a ``Coast Guard-specific funding
lapse'' to occur when appropriations lapse for the Coast Guard
but not for the Department of Defense.
This section also states that funds made available under it
shall be available until the enactment into law of certain
superseding appropriations or resolutions, the termination of
availability of appropriations for the Department of Defense,
or the date that is 180 days after the beginning of the Coast
Guard-specific funding lapse.
This section also states that expenditures made pursuant to
this new authority shall be charged to the applicable
appropriation, fund, or authorization whenever a bill in which
such applicable appropriation, fund, or authorization is
enacted into law.
This section further states that appropriations and funds
made available by this section may be used without regard to
the time limitations for submission and approval of
apportionments set forth in section 1513 of title 31, United
States Code.
Finally, this section defines the terms ``qualified
civilian employee'' and ``qualified contract employee'' to
include persons providing support to members of the Coast Guard
or another Armed Force or performing work as an excepted
employee or an employee performing emergency work.

Changes in Existing Law Made by the Bill, as Reported

In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):

Changes in Existing Law Made by the Bill, as Reported

TITLE 14, UNITED STATES CODE

* * * * * * *
SUBTITLE II--PERSONNEL

* * * * * * *

CHAPTER 27--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS

SUBCHAPTER I--PERSONNEL RIGHTS AND BENEFITS

Sec.
2701. Procurement of personnel.
* * * * * * *

SUBCHAPTER III--PAYMENTS

2761. Persons discharged as result of court-martial; allowances to.
* * * * * * *
2780. Pay; continuation during lapse in appropriations.

* * * * * * *

SUBCHAPTER III--PAYMENTS

* * * * * * *

Sec. 2780. Pay; continuation during lapse in appropriations.

(a) In General.--In the case of any period in which there is
a Coast Guard-specific funding lapse, there are appropriated
such sums as may be necessary--
(1) to provide pay and allowances to military members
of the Coast Guard, including the reserve component
thereof, who perform active service or inactive-duty
training during such period;
(2) to provide pay and benefits to qualified civilian
employees of the Coast Guard;
(3) to provide pay and benefits to qualified contract
employee of the Coast Guard;
(4) to provide for--
(A) the payment of a death gratuity under
sections 1475 through 1477 and 1489 of title
10, with respect to members of the Coast Guard;
(B) the payment or reimbursement of
authorized funeral travel and travel related to
the dignified transfer of remains and unit
memorial services under section 481f of title
37, with respect to members of the Coast Guard;
and
(C) the temporary continuation of a basic
allowance of housing for dependents of members
of the Coast Guard dying on active duty, as
authorized by section 403(1) of title 37; and
(5) to provide for Coast Guard 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
Benefits Plans, payment for career status bonuses,
payment of continuation pay under section 356 of title
37, concurrent receipts, combat-related special
compensation, and payments for medical care of retired
personnel and their dependents under chapter 55 of
title 10.
(b) Coast Guard-specific Funding Lapse.--For purposes of this
section, a Coast Guard-specific funding lapse occurs in any
case in which--
(1) a general appropriation bill providing
appropriations for the Coast Guard for a fiscal year is
not enacted before the beginning of such fiscal year
(and no joint resolution making continuing
appropriations for the Coast Guard is in effect); and
(2) a general appropriation bill providing
appropriations for the Department of Defense for such
fiscal year is enacted before the beginning of such
fiscal year (or a joint resolution making continuing
appropriations for the Department of Defense is in
effect).
(c) Termination.--Appropriations and funds made available and
authority granted for any fiscal year for any purpose under
subsection (a) shall be available until whichever of the
following first occurs:
(1) The enactment into law of an appropriation
(including a continuing appropriation) for such
purpose.
(2) The enactment into law of an appropriation
(including a continuing appropriation) for the Coast
Guard without provision for such purpose.
(3) The termination of availability of appropriations
for the Department of Defense.
(4) The date that is 180 days after the beginning of
the Coast Guard-specific funding lapse.
(d) Rate for Operations; Applicability to Appropriation
Acts.--Appropriations made pursuant this section shall be
available at a rate for operations and to the extent and in the
manner that would be provided by the pertinent appropriations
Act.
(e) Charge to Future Appropriations.--Expenditures made
pursuant to this section shall be charged to the applicable
appropriation, fund, or authorization whenever a bill in which
such applicable appropriation, fund, or authorization is
enacted into law.
(f) Apportionment.--Appropriations and funds made available
by or authority granted under this section may be used without
regard to the time limitations for submission and approval of
apportionments set forth in section 1513 of title 31, but
nothing in this section may be construed to waive any other
provision of law governing the apportionment of funds.
(g) Definitions.--In this section:
(1) The term ``qualified civilian employee'' means a
civilian employee of the Coast Guard whom the
Commandant determines is--
(A) providing support to members of the Coast
Guard or another Armed Force; or
(B) performing work as an excepted employee
or an employee performing emergency work, as
those terms are defined by the Office of
Personnel Management.
(2) The term ``qualified contract employee of the
Coast Guard'' means an individual performing work under
a contract whom the Commandant determines is--
(A) providing support to military members or
qualified civilian employees of the Coast Guard
or another Armed Force; or
(B) required to perform work during a lapse
in appropriations.

* * * * * * *

[all]