I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘United States Coast 

5 Guard Servicemember Benefits Improvements Act’’. 

6 SEC. 2. COAST GUARD HOUSING AUTHORITIES. 

7 (a) IN GENERAL.—Chapter 18 of title 14, United 

8 States Code, is amended— 


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1 (1) in section 681— 

2 (A) in the matter preceding paragraph (1) 

3 of subsection (a)— 

4 (i) by striking ‘‘acquisition or con5 struction’’ both times it appears and in6 serting ‘‘acquisition, construction, recon7 struction, or maintenance’’; and 

8 (ii) by striking ‘‘by private persons, 

9 including a small business concern quali10 fied under section 8(a) of the Small Busi11 ness Act (15 U.S.C. 637(a)),’’; and 

12 (B) in subsection (b), by striking ‘‘No ap13 propriation shall be made’’ and inserting ‘‘Ex14 cept as provided in section 687(c), no appro15 priation shall be made’’; 

16 (2) in section 685(a)— 

17 (A) by inserting ‘‘any real’’ after ‘‘convey 

18 or lease’’; and 

19 (B) by inserting ‘‘under the administrative 

20 control of the Coast Guard’’ after ‘‘facilities (in21 cluding ancillary support facilities)’’; 

22 (3) in section 687— 

23 (A) in subsection (b)(3), by striking ‘‘for 

24 the purpose of carrying out activities under this 

25 chapter with respect to military family and miliVerDate Nov 24 2008 00:26 Jun 18, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2901.IH H2901

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1 tary unaccompanied housing.’’ and inserting a 

2 period; 

3 (B) in subsection (c)(1)— 

4 (i) by striking ‘‘In such amounts as 

5 provided in appropriation Acts and except’’ 

6 and inserting ‘‘Except’’; and 

7 (ii) by striking ‘‘the Secretary may’’ 

8 and inserting ‘‘the Secretary may, without 

9 further appropriation,’’; 

10 (C) in subsection (e), by striking ‘‘or 

11 (b)(3)’’; 

12 (D) by striking subsection (f); and 

13 (E) by striking subsection (g); 

14 (4) in section 688, by adding at the end the fol15 lowing new paragraph: 

16 ‘‘(5) A report that identifies— 

17 ‘‘(A) all real property, facilities, and struc18 tures under the administrative control of the 

19 Coast Guard to be disposed or demolished and 

20 the estimated cost thereof; and 

21 ‘‘(B) any family or unaccompanied housing 

22 initiatives and capital construction projects 

23 planned under this chapter.’’; and 

24 (5) by repealing section 689. 


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1 (b) CLERICAL AMENDMENT.—The chapter analysis 

2 at the beginning of chapter 18 of such title is amended 

3 by striking the item relating to section 689. 

4 SEC. 3. CHILD DEVELOPMENT SERVICES. 

5 Section 515 of title 14, United States Code, is 

6 amended— 

7 (1) by striking subsection (b) and inserting the 

8 following: 

9 ‘‘(b)(1) The Commandant is authorized to use appro10 priated funds available to the Coast Guard to provide child 

11 development services. 

12 ‘‘(2)(A) The Commandant is authorized to establish, 

13 by regulations, fees to be charged parents for the attend14 ance of children at Coast Guard child development centers. 

15 ‘‘(B) Fees to be charged, pursuant to subparagraph 

16 (A), shall be based on family income, except that the Com17 mandant may, on a case-by-base basis, establish fees at 

18 lower rates if such rates would not be competitive with 

19 rates at local child development centers. 

20 ‘‘(C) The Commandant is authorized to collect and 

21 expend fees, established pursuant to this subparagraph, 

22 and such fees shall, without further appropriation, remain 

23 available until expended for the purpose of providing serv24 ices, including the compensation of employees and the purVerDate Nov 24 2008 00:26 Jun 18, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2901.IH H2901

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1 chase of consumable and disposable items, at Coast Guard 

2 child development centers. 

3 ‘‘(3) The Commandant is authorized to use appro4 priated funds available to the Coast Guard to provide as5 sistance to family home daycare providers so that family 

6 home daycare services can be provided to uniformed 

7 servicemembers and civilian employees of the Coast Guard 

8 at a cost comparable to the cost of services provided by 

9 Coast Guard child development centers.’’; 

10 (2) by repealing subsections (d) and (e); and 

11 (3) by redesignating subsections (f) and (g) as 

12 subsections (d) and (e), respectively. 

13 SEC. 4. COMPULSORY RETIREMENT. 

14 (a) IN GENERAL.—Chapter 11 of title 14, United 

15 States Code, is amended by striking section 293 and in16 serting the following: 

17 ‘‘§ 293. Compulsory retirement 

18 ‘‘(a) REGULAR COMMISSIONED OFFICERS.—Any reg19 ular commissioned officer, except a commissioned warrant 

20 officer, serving in a grade below rear admiral (lower half), 

21 shall be retired on the first day of the month following 

22 the month in which the officer becomes 62 years of age. 

23 ‘‘(b) FLAG OFFICER GRADES.—(1) Except as pro24 vided in paragraph (2), any regular commissioned officer 

25 serving in a flag officer grade shall be retired on the first 


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1 day of the month following the month in which the officer 

2 becomes 64 years of age. 

3 ‘‘(2) In the case of any regular commissioned officer 

4 serving in a flag officer grade position, the retirement 

5 under paragraph (1) of that officer may be deferred— 

6 ‘‘(A) by the President, but such a deferment 

7 may not extend beyond the first day of the month 

8 following the month in which the officer becomes 68 

9 years of age; or 

10 ‘‘(B) by the Secretary of the department in 

11 which the Coast Guard is operating, but such a 

12 deferment may not extend beyond the first day of 

13 the month following the month in which the officer 

14 becomes 66 years of age.’’. 

15 (b) APPLICATION.—This section shall not apply to 

16 any individual who reaches the age of 62 before July 1, 

17 2011. With regard to an individual who reaches the age 

18 of 62 before July 1, 2011, any provision of law, providing 

19 for compulsory retirement, that was in effect prior to the 

20 date of enactment shall continue to be applicable in the 

21 same manner and to the same extent as if this section 

22 had not been enacted. 

23 (c) CLERICAL AMENDMENT.—The analysis at the be24 ginning of chapter 11 of such title is amended by striking 


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1 the item relating to section 293 and inserting the fol2 lowing: 

‘‘293. Compulsory retirement.’’. 

3 SEC. 5. CHAPLAIN ACTIVITY EXPENSE. 

4 Section 145 of title 14, United States Code, is 

5 amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (2), by striking ‘‘and’’ at 

8 the end; 

9 (B) in paragraph (3), by striking the pe10 riod at the end and inserting ‘‘; and’’; and 

11 (C) by adding at the end the following new 

12 paragraph: 

13 ‘‘(4) detail personnel from the Chaplain Corps 

14 to provide services, pursuant to section 1789 of title 

15 10, to the Coast Guard.’’; and 

16 (2) by adding at the end the following new sub17 section: 

18 ‘‘(d)(1) As part of the services provided by the Sec19 retary of the Navy pursuant to subsection (a)(4), the Sec20 retary may provide support services to chaplain-led pro21 grams to assist members of the Coast Guard on active 

22 duty and their dependents, and members of the reserve 

23 component in an active status and their dependents, in 

24 building and maintaining a strong family structure. 


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1 ‘‘(2) In this subsection, the term ‘support services’ 

2 include transportation, food, lodging, child care, supplies, 

3 fees, and training materials for members of the Coast 

4 Guard on active duty and their dependents, and members 

5 of the reserve component in an active status and their de6 pendents, while participating in programs referred to in 

7 paragraph (1), including participation at retreats and con8 ferences. 

9 ‘‘(3) In this subsection, the term ‘dependents’ has the 

10 same meaning as defined in section 1072(2) of title 10.’’. 

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

12 (a) COAST GUARD CROSS.—Chapter 13 of title 14, 

13 United States Code, is amended by inserting after section 

14 491 the following new section: 

15 ‘‘§ 491a. Coast Guard cross 

16 ‘‘The President may award a Coast Guard cross of 

17 appropriate design, with ribbons and appurtenances, to a 

18 person who, while serving in any capacity with the Coast 

19 Guard, when the Coast Guard is not operating under the 

20 Department of the Navy, distinguishes himself or herself 

21 by extraordinary heroism not justifying the award of a 

22 medal of honor— 

23 ‘‘(1) while engaged in an action against an 

24 enemy of the United States; 


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1 ‘‘(2) while engaged in military operations in2 volving conflict with an opposing foreign force or 

3 international terrorist organization; or 

4 ‘‘(3) while serving with friendly foreign forces 

5 engaged in an armed conflict against an opposing 

6 armed force in which the United States is not a bel7 ligerent party.’’. 

8 (b) SILVER STAR MEDAL.—Such chapter is further 

9 amended— 

10 (1) by striking the heading of section 492a and 

11 inserting the following: 

12 ‘‘§ 492b. Distinguished flying cross’’; 

13 and 

14 (2) by inserting after section 492 the following 

15 new section: 

16 ‘‘§ 492a. Silver star medal 

17 ‘‘The President may award a silver star medal of ap18 propriate design, with ribbons and appurtenances, to a 

19 person who, while serving in any capacity with the Coast 

20 Guard, when the Coast Guard is not operating under the 

21 Department of the Navy, is cited for gallantry in action 

22 that does not warrant a medal of honor or Coast Guard 

23 cross— 

24 ‘‘(1) while engaged in an action against an 

25 enemy of the United States; 


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1 ‘‘(2) while engaged in military operations in2 volving conflict with an opposing foreign force or 

3 international terrorist organization; or 

4 ‘‘(3) while serving with friendly foreign forces 

5 engaged in an armed conflict against an opposing 

6 armed force in which the United States is not a bel7 ligerent party.’’. 

8 (c) CONFORMING AMENDMENTS.—Such chapter is 

9 further amended— 

10 (1) in section 494, by striking ‘‘distinguished 

11 service medal, distinguished flying cross,’’ and in12 serting ‘‘Coast Guard cross, distinguished service 

13 medal, silver star medal, distinguished flying cross,’’ 

14 in both places it appears; 

15 (2) in section 496— 

16 (A) in the matter preceding paragraph (1) 

17 of subsection (a), by striking ‘‘distinguished 

18 service medal, distinguished flying cross,’’ and 

19 inserting ‘‘Coast Guard cross, distinguished 

20 service medal, silver star medal, distinguished 

21 flying cross,’’; and 

22 (B) in subsection (b)(2), by striking ‘‘dis23 tinguished service medal, distinguished flying 

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1 tinguished service medal, silver star medal, dis2 tinguished flying cross,’’; and 

3 (3) in section 497, by striking ‘‘distinguished 

4 service medal, distinguished flying cross,’’ and in5 serting ‘‘Coast Guard cross, distinguished service 

6 medal, silver star medal, distinguished flying cross,’’. 

7 (d) CLERICAL AMENDMENTS.—The analysis at the 

8 beginning of such chapter is amended— 

9 (1) by inserting after the item relating to sec10 tion 491 the following new item: 

‘‘491a. Coast Guard cross.’’. 

11 (2) by striking the item relating to section 492a 

12 and inserting the following new items: 

‘‘492a. Silver star medal. 

‘‘492b. Distinguished flying cross.’’. 

13 SEC. 7. COAST GUARD PARTICIPATION IN THE ARMED 

14 FORCES RETIREMENT HOME (AFRH) SYSTEM. 

15 (a) IN GENERAL.—Section 1502 of the Armed 

16 Forces Retirement Home Act of 1991 (24 U.S.C. 401) 

17 is amended— 

18 (1) by striking paragraph (4); 

19 (2) in paragraph (5)— 

20 (A) by striking ‘‘and’’ at the end of sub21 paragraph (C); 

22 (B) by striking the period at the end of 

23 subparagraph (D) and inserting ‘‘; and’’; and 


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1 (C) by inserting at the end the following: 

2 ‘‘(E) the Assistant Commandant of the 

3 Coast Guard for Human Resources.’’; and 

4 (3) by adding at the end of paragraph (6) the 

5 following: 

6 ‘‘(E) The Master Chief Petty Officer of the 

7 Coast Guard.’’. 

8 (b) CONFORMING AMENDMENTS.—(1) Section 2772 

9 of title 10, United States Code, is amended— 

10 (A) in subsection (a) by inserting ‘‘or, in the 

11 case of the Coast Guard, the Commandant’’ after 

12 ‘‘concerned’’; and 

13 (B) by striking subsection (c). 

14 (2) Section 1007(i) of title 37, United States Code, 

15 is amended— 

16 (A) in paragraph (3) by inserting ‘‘or, in the 

17 case of the Coast Guard, the Commandant’’ after 

18 ‘‘Secretary of Defense’’; 

19 (B) by striking paragraph (4); and 

20 (C) by redesignating paragraph (5) as para21 graph (4). 

22 SEC. 8. LEGAL ASSISTANCE FOR COAST GUARD RESERV23 ISTS. 

24 Section 1044(a)(4) of title 10, United States Code, 

25 is amended— 


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1 (1) by striking ‘‘as determined by the Secretary 

2 of Defense,’’ and inserting ‘‘as determined by the 

3 Secretary of Defense and the Secretary of Homeland 

4 Security, with respect to the Coast Guard when it is 

5 not operating as a service of the Navy,’’; and 

6 (2) by striking ‘‘prescribed by the Secretary of 

7 Defense,’’ and inserting ‘‘prescribed by Secretary of 

8 Defense and the Secretary of Homeland Security, 

9 with respect to the Coast Guard when it is not oper10 ating as a service of the Navy,’’. 

11 SEC. 9. CLARIFYING AMENDMENT TO THE PUBLIC HEALTH 

12 SERVICE ACT. 

13 Section 2801(b) of the Public Health Service Act (42 

14 U.S.C. 300hh(b)) is amended by striking ‘‘except that 

15 members of the armed forces under the authority of the 

16 Secretary of Defense shall remain under the command and 

17 control of the Secretary of Defense, as shall any associated 

18 assets of the Department of Defense.’’ and inserting ‘‘ex19 cept that members of uniformed services under the author20 ity of the Secretary of Defense or, with respect to the 

21 Coast Guard, the Secretary of the department in which 

22 the Coast Guard is operating shall remain under the com23 mand and control of the Secretary of Defense or the Sec24 retary of the department in which the Coast Guard is op25 erating, respectively, as shall any associated assets of the 


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1 Department of Defense or the department in which the 

2 Coast Guard is operating.’’. 

Æ 


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