I
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. CLEM-
ENT) (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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Coast Guard Author-
ization Act for Fiscal Years 1998 and 1999’’.
TITLE I—AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) Funds are authorized to be appropriated for nec-
essary expenses of the Coast Guard for fiscal year 1998,
as follows:
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(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, rebuild-
ing, and improvement of aids to navigation, shore
and offshore facilities, vessels, and aircraft, includ-
ing equipment related thereto, $379,000,000, to re-
main 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 evalua-
tion of technologies, materials, and human factors
directly relating to improving the performance of the
Coast Guard’s mission in support of search and res-
cue, aids to navigation, marine safety, marine envi-
ronmental protection, enforcement of laws and trea-
ties, ice operations, oceanographic research, and de-
fense 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 appropria-
tions for this purpose), payments under the Retired
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Serviceman’s Family Protection and Survivor Bene-
fit 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 restora-
tion 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 nec-
essary 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, rebuild-
ing, and improvement of aids to navigation, shore
and offshore facilities, vessels, and aircraft, includ-
ing equipment related thereto, $379,000,000, to re-
main 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.
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(3) For research, development, test, and evalua-
tion of technologies, materials, and human factors
directly relating to improving the performance of the
Coast Guard’s mission in support of search and res-
cue, aids to navigation, marine safety, marine envi-
ronmental protection, enforcement of laws and trea-
ties, ice operations, oceanographic research, and de-
fense 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 appropria-
tions for this purpose), payments under the Retired
Serviceman’s Family Protection and Survivor Bene-
fit 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 restora-
tion at Coast Guard facilities functions (other than
parts and equipment associated with operations and
maintenance), $21,000,000, to remain available until
expended.
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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 Septem-
ber 30, 1998.
(b) For fiscal year 1998, the Coast Guard is author-
ized average military training student loads as follows:
(1) For recruit and special training, 1,368 stu-
dent years.
(2) For flight training, 98 student years.
(3) For professional training in military and ci-
vilian 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 author-
ized average military training student loads as follows:
(1) For recruit and special training, such stu-
dent years as may be necessary
(2) For flight training, such student years as
may be necessary.
(3) For professional training in military and ci-
vilian institutions, such student years as may be nec-
essary.
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(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 para-
graph (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 rep-
resentation 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 mi-
norities, including, subject to appropriations, the
provision of financial assistance by grant, coopera-
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tive 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 in-
formation on the funds expended for programs under this
authority and the effectiveness of those programs in in-
creasing the representation of minorities in the Coast
Guard.
TITLE III—FINANCIAL AND PROPERTY
MANAGEMENT
SEC. 301. USE OF APPROPRIATED FUNDS FOR COMMER-
CIAL VEHICLES AT MILITARY FUNERALS.
Section 93 of title 14, United States Code, as amend-
ed 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 para-
graph (w) and inserting ’’; and’’; and
(3) by adding at the end the following new
paragraph:
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‘‘(x) rent or lease, under such terms and condi-
tions 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, CALIFOR-
NIA, 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 ad-
justment assistance to the City of Novato on behalf of the
Coast Guard, the Coast Guard may use funds to reim-
burse the Department of Defense.
SEC. 303. ELIMINATE SUPPLY FUND REIMBURSEMENT RE-
QUIREMENT.
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 other-
wise disposed of, such values to be determined on a basis
that will approximately cover the cost thereof.’’ and insert-
ing ‘‘In these regulations, whenever the fund is reduced
to delete items stocked, the Secretary shall reduce the ex-
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isting 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 para-
graph (x) and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(y) provide for the honorary recognition of in-
dividuals and organizations that significantly con-
tribute to Coast Guard programs, missions or oper-
ations, including but not limited to state and local
governments and commercial and nonprofit organi-
zations, and pay for, using any appropriations or
funds available to the Coast Guard, plaques, medals,
trophies, badges, and similar items to acknowledge
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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 DEVELOP-
MENT 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’ in-
cludes all waters of the territorial sea of the United