Coast Guard Authorization Act of 1988
PL 100-448 (H.R.2342), enacted 09/28/1988

102 STAT. 1836 
PUBLIC LAW 100-448—SEPT. 28, 1988 
Public Law 100-448 
100th Congress 
An Act 
Sept. 28, 1988 
To authorize appropriations for the Coast Guard for fiscal year 1988, and for other 
[H.R. 2342] 
Coast Guard 
Authorization 
Act of 1988. 
Maritime 
affairs. 
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 "Coast Guard Authorization Act of 
1988". 
SEC. 2. AUTHORIZATIONS OF APPROPRIATIONS. 
(a) NECESSARY EXPENSES.—Funds are authorized to be appro-
priated for necessary expenses of the Coast Guard for fiscal years 
1988 and 1989, as follows: 
(1) OPERATION AND MAINTENANCE.—For operation and mainte-
nance of the Coast Guard, $1,949,813,000 for fiscal year 1988 and 
$2,100,506,000 for fiscal year 1989. 
(2) ACQUISITION AND CONSTRUCTION.—For the acquisition, 
construction, rebuilding, and improvement of aids to navigation, 
shore and offshore facilities, vessels, and aircraft, including 
equipment related thereto, $277,893,000 for fiscal year 1988 and 
$348,000,000 for fiscal year 1989, to remain available until 
expended. 
(3) RESEARCH AND DEVELOPMENT.—For research, development, 
test, and evaluation, $20,119,000 for fiscal year 1988 and 
$19,000,000 for fiscal year 1989, to remain available until 
expended, 
(4) RETIRED PAY AND MEDICAL CARE.—For retired pay, includ-
ing the payment of obligations therefor otherwise chargeable to 
lapsed appropriations for this purpose, and pajnnents under the 
Retired Serviceman's Family Protection and Survivor Benefit 
Plans, and for payments for medical care of retired personnel 
and their dependents under the Dependents' Medical Care Act, 
$386,700,000 for fiscal year 1988 and $410,800,000 for fiscal year 
1989, to remain available until expended. 
(5) ALTERATION OR REMOVAL OF BRIDGES.—For alteration or 
removal of bridges over navigable waters of the United States 
constituting obstructions to navigation, $8,500,000 for fiscal year 
1989. 
Qo) TRANSFER OF FUNDS APPROPRIATED.—If funds for carrying out 
the purposes described in subsection (a) are appropriated to an 
officer or agency of the United States other than the Secretary of 
the department in which the Coast Guard is operating or the Coast 
Guard, that officer or the head of that agency, respectively, may 
transfer to the Secretary of the department in which the Coast 
Guard is operating the full amount of those funds, and that Sec-
retary shall allocate those funds to those purposes. 
PUBLIC LAW 100-448—SEPT. 28, 1988 
102 STAT. 1837 
SEC. 3. AUTHORIZED LEVELS OF MILITARY STRENGTH AND MILITARY 
TRAINING. 
(a) STRENGTH FOR ACTIVE DUTY PERSONNEL.—The Coast Guard is 
authorized a strength for active duty personnel of 39,121 for fiscal 
year 1988 and 39,121 for fiscal year 1989. The authorized strength 
does not include members of the Coast Guard Ready Reserve or-
dered to active duty under the authority of section 712 of title 14, 
United States Code. 
OJ) AVERAGE MILITARY TRAINING STUDENT LOADS.—The Coast 
Guard is authorized average military training student loads as 
follows: 
(1) RECRUIT AND SPECIAL TRAINING.—For recruit and special 
training, 3,600 student-years for fiscal year 1988 and 3,600 
student-years for Hscal year 1989. 
(2) FuGHT TRAINING.—For flight training, 132 student-years 
for fiscal year 1988 and 132 student-years for fiscal year 1989. 
(3) PROFESSIONAL TRAINING.—For professional training in 
military and civilian institutions, 430 student-years for fiscal 
year 1988 and 430 student-years for fiscal year 1989. 
(4) OFFICER ACQUISITION.—For officer acquisition, 950 student-
years for fiscal year 1988 and 950 student-years for fiscal year 
1989. 
SEC. 4. TRANSFER OF AMOUNTS FOR OPERATIONS AND MAINTENANCE. 
(a) IN GENERAL.—Whenever the Secretary of the department in 
which the Coast Guard is operating determines it to be in the 
national interest, the Secretary may transfer not more than 5 
percent of the amounts appropriated for fiscal years 1988 and 1989 
for the purposes described in section 2(aX2) to the Commandant of 
the Coast Guard for discretionary use in meeting unanticipated 
needs for Coast Guard operation and maintenance. 
(b) NOTICE TO CONGRESS.—A transfer of amounts under subsection 
(a) may not be made until 15 days after the Secretary provides to the 
Conmiittee on Commerce, Science, and Transportation and the 
Committee on Appropriations of the Senate and to the Committee 
on Merchant Marine and Fisheries and the Conmiittee on Appro-
priations of the House of Representatives written notice— 
(1) describing the proposed transfers; 
(2) stating the reasons for the determination under subsection 
(a); and 
(3) describing the purposes for which the amounts to be 
transferred will be used. 
SEC. 5. LIMITATION ON CONTRACTING PERFORMED BY COAST GUARD. 10 USC 2304 
(a) MAINTENANCE OF LOGISTICS CAPABILITY.— 
no . 
(1) STATEMENT OF NATIONAL INTEREST.—It is in the national 
interest for the Coast Guard to maintain a logistics capability 
(including personnel, equipment, and facilities) to provide a 
ready and controlled source of technical competence and re-
sources necessary to ensure the effective and timely perform-
ance of Coast Guard missions in behalf of the security, safety, 
and economic and environmental well-being of the United 
States. 
(2) SUBMISSION OF LIST OF NECESSARY ACTIVITIES; UMITATION ON 
CONTRACTING.—(A) Not later than Januaiy 31 of each year, the 
Secretary of the department in which the Coast Guard is operat-
ing shall submit to the Committee on Commerce, Science, and 
19-194 n—Q1 
Po»+ O 
v? . nr 
102 STAT. 1838 
PUBLIC LAW 100-448—SEPT. 28, 1988 
Transportation of the Senate and to the Committee on Mer-
chant Marine and Fisheries of the House of Representatives a 
list of Coast Guard activities that are necessary for maintaining 
the logistics capability described in paragraph (1). If the Sec-
retary does not submit such list by that date, no activity per-
formed by Coast Guard personnel may be contracted for 
performance by non-Government personnel after that date until 
the list is submitted to such committees. 
(B) The list submitted by the Secretary under this section 
shall not include— 
(i) any activity that is being performed under contract by 
non-Government personnel on the date of enactment of this 
Act; or 
(ii) any activity for which the Congress received, prior to 
the date of the enactment of this Act, a written notification 
of intent to contract pursuant to section 14(b)(2) of Public 
Law 98-557 (98 Stat. 2864). 
(b) PROHIBITION ON CONTRACTING FOR PERFORMANCE OF LISTED 
ACTIVITIES.— 
(1) IN GENERAL.—Except as provided in paragraph (2), 
performance by non-Government personnel of an activity in-
cluded in a list under subsection (aX2XA) may not be contracted 
for after the date on which the list is submitted by the Secretary 
in accordance with subsection (aX2). 
(2) WAIVER OF PROHIBITION.—The Secretary may waive para-
graph (1) with respect to any activity if the Secretary deter-
mines that the performance of that activity by Government 
personnel is no longer necessary to ensure the effective and 
timely performance of Coast Guard missions. 
(3) EFFECTIVE DATE OF WAIVER; SUBMISSION OF STATEMENT.—A 
waiver under paragraph (2) shall not take effect until after a 
period of 30 days in which either the Senate or House of 
Representatives is in session after the Secretary submits to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Merchant Marine and Fisheries 
of the House of Representatives a complete written statement 
concerning the WEiiver and the reasons therefor. 
(c) SUBMISISON OF LIST OF ACTIVITIES CONTRACTED FOR PERFORM-
ANCE.—At least 30 days before the beginning of each fiscal year, the 
Secretary shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Merchant 
Marine and Fisheries of the House of Representatives a list of 
activities that will be contracted for performance by non-Govern-
ment personnel under the procedures of Office of Management and 
Budget Circular A-76 during that fiscal year. 
State and local 
(d) EMPLOYMENT OF LoCAL RESIDENTS To PERFORM CONTRACTS.— 
governments. 
(1) IN GENERAL.—Notwithstanding any other provision of law, 
each contract awarded by the (Doast Guard in fiscal years 1988 
and 1989 for construction or services to be performed in whole 
or in part in a State which has an unemployment rate in excess 
of the national average rate of unemployment (as determined by 
the Secretary of Labor) shall include a provision requiring the 
contractor to employ, for the purpose of performing that portion 
of the contract in that State, individuals who are local residents 
and who, in the case of any craft or trade, possess or would be 
able to acquire promptly the necessary skills. The Secretary of 
the department in which the (Dosist Guard is operating may 
PUBLIC LAW 100-448—SEPT. 28, 1988 
102 STAT. 1839 
waive this subsection in the interest of national security or 
economic efficiency. 
(2) LOCAL RESIDENT DEFINED.—As used in this subsection, the 
term "local resident" means a resident of a State described in 
paragraph (1), and any individual who commutes daily to a 
State described in paragraph (1). 
SEC. 6. BOAT SAFETY PROGRAM. 
(a) TRANSFERS TO AND flxPENDiruRES 
FROM 
BOAT 
SAFETY 
ACXX)UNT.— 
(1) TRANSFERS TO ACCOUNT.— 
(A) INCREASE IN MAXIMUM TRANSFER AND MAXIMUM 
A
M
O
U
N
T IN ACCOUNT.—Subclauses (I) and (II) of subsection 
9503(cX4XAXii) of the Internal Revenue Code of 1986 (relat-
ing to limitations on transfers to and amounts in the Boat 
S^ety Account) are each amended by striking "for Fiscal 
26 USC 9503. 
Year 1987 only and $45,000,000 for each Fiscal Year there-
after" and inserting in lieu thereof "for each of fiscal years 
1989 and 1990 and $70,000,000 for each fiscal year 
thereafter". 
(B) TECHNICAL AMENDMENT.—Subparagraph (E) of section 
9503(cX4) of the Internal Revenue Code of 1986 (relating to 
the amount of pajrments to the Aquatic Resources Trust 
Fund) is amended by striking the second sentence. 
(2) EbCTENSION OF EXPENDITURE AUTHORITY.—Subsection (c) of 
section 9504 of the Internal Revenue Ckxie of 1986 (relating to 
expenditures from the Boat Safety Account) is amended— 
(A) by striking "before April 1, 1989," and inserting 
"before April 1,1994,"; and 
(B) by striking "(as in effect on June 1, 1984)" and insert-
ing "(as in effect on October 1,1988)". 
(3) CORRECTION OF CLERICAL ERRORS.—Subclauses (I) and (II) of 
section 9503(cX4XAXii) of the Internal Revenue Code of 1986 are 
each amended— 
(A) 
by 
striking 
the 
quotation 
marks 
following 
"$60,000,000"; and 
(B) by striking the semicolon before the period. 
(b) BOATING SAFETY PROGRAMS.— 
(1) AUTHORIZATION OF CONTRACT SPENDING.— 
(A) STATE RECREATIONAL BOATING SAFETY PROGRAM ASSIST-
ANCE.—Subsection (a) of section 13106 of title 46, United 
States Code (relating to authorization of contract spending 
for recreational boating safety programs), is amended as 
follows: 
(i) The first sentence of subsection (a) is amended to 
read as follows: "(1) Subject to paragraph (2), the Sec-
retary may expend in each fiscal year, subject to 
amounts as are provided in appropriations laws for 
liquidation of contract authority, an amount equal to 
% of the amount transferred for such fiscal year to the 
Boat Safety Account under section 9503(cX4) of the 
Internal Revenue Code of 1986 (26 U.S.C. 9503(cX4)).". 
(ii) The following is added at the end of subsection (a): 
"(2) The Secretary shall use not less than one percent and not 
more than two percent of the amount appropriated each fiscal year 
for State recreational boating safety programs under this chapter to 
102 STAT. 1840 
PUBLIC LAW 100-448—SEPT. 28, 1988 
State and local 
governments. 
Reports. 
pay the costs of investigations, personnel, and activities related to 
administering those programs.". 
(B) CONFORMING AMENDMENT.—Subsection (d) of section 7 
of the Coast Guard Authorization Act of 1986 (Public Law 
46 use 13103 
99-640) is repealed. 
note. 
(2) EXPENDITURES FOR COAST GUARD SERVICES.—Subsection (c) 
of section 13106 of title 46, United States Code, is amended— 
(A) in the first sentence by striking "for Fiscal Year 1987 
and one-third for each Fiscal Year thereafter."; and 
(B) by inserting after the first sentence the following: 
"Expenditures for a fiscal year under this subsection shall 
not exceed expenditures for the fiscal year under subsec-
tion (a).". 
(3) 
CLARIFICATION 
OF 
MATCHING 
RESTRICTIONS.—Section 
1310203) is amended in the first sentence by striking "from 
sources (except" and inserting in lieu thereof (except amounts 
from". 
(4) TECHNICAL AMENDMENT.—Section 13102(a) of title 46, 
United States Code, is amended in the first sentence by striking 
"1954." and inserting in lieu thereof "1986". 
(5) TECHNICAL AMENDMENT.—Paragraph (4) of section 13102(a) 
of title 46, United States Code, is amended to read as follows: 
"(4) the program submitted by that State designates a State 
lead authority or agency that will carry out or coordinate 
carrying out the State recreational boating safety program 
supported by financial assistance of the United States Govern-
ment in that State, including the requirement that the des-
ignated State authority or agency submit required reports that 
are necessary and reasonable to carry out properly and effi-
ciently the program and that are in the form prescribed by the 
Secretary.". 
(6) TECHNICAL AMENDMENT.—Subsection (c) of section 13106 of 
title 46, United States Code, is amended in the first sentence by 
striking "1954" and inserting "1986". 
16 use 777. 
(c) SPORT FISH RESTORATION PROGRAMS.— 
(1) STATE ALLOCATION OF ASSISTANCE BETWEEN MARINE AND 
FRESHWATER FISH PROJECTS.—Subsection (b) of the first section of 
the Act entitled "An Act to provide that the United States shall 
aid the States in fish restoration and management projects, and 
for other purposes" (64 Stat. 430; 16 U.S.C. 777 et seq.) is 
amended to read as follows: 
"
O
t
>
) ALLOCATION OF AMOUNTS BY COASTAL STATES BETWEEN 
MARINE FISH PROJECTS AND FRESHWATER FISH PROJECTS.— 
"(1) IN GENERAL.—Subject to paragraph (2), each coastal State, 
to the extent practicable, shall equitably allocate amounts 
apportioned to such State under this Act between marine fish 
projects and freshwater fish projects in the same proportion as 
the estimated number of resident marine anglers and the esti-
mated number of resident freshwater anglers, respectively, bear 
to the estimated number of all resident anglers in that State. 
"(2) PRESERVATION OF FRESHWATER PROJECT ALLOCATION AT 
1988 LEVEL.—(A) Subject to subparagraph (B), the amount allo-
cated by a State pursuant to this subsection to freshwater fish 
projects for each fiscal year shall not be less than the amount 
allocated by such State to such projects for fiscal year 1988. 
"(B) Subparagraph (A) shall not apply to a State with respect 
to any fiscal year for which the amount apportioned to the State 
PUBLIC LAW 100-448—SEPT. 28, 1988 
102 STAT. 1841 
under this Act is less than the amount apportioned to the State 
under this Act for fiscal year 1988. 
"(3) COASTAL STATE DEFINED.—As used in this subsection, the 
term 'coastal State' means any one of the States of Alabama, 
Alaska, California, Connecticut, Delaware, Florida, Georgia, 
Hawaii, 
Louisiana, 
Maine, 
Maryland, 
Massachusetts, 
Mississippi, New Hampshire, New Jersey, New York, North 
Carolina, Oregon, Rhode Island, South Carolina, Texas, Vir-
ginia, and Washington. The term also includes the Common-
wealth of Puerto Rico, the United States Virgin Islands, Guam, 
American Samoa, and the Commonwealth of the Northern 
Mariana Islands.". 
(2) STATE USE OP CONTRIBUTIONS.—Such Act is 
further 
amended by adding at the end the following: 
"SEC. 13. STATE USE OF CONTRIBUTIONS. 
16 USC 777/. 
"A State may use contributions of funds, real property, materials. 
Real property. 
and services to carry out an activity under this Act in lieu of 
payment by the State of the State share of the cost of such activity. 
Such a State share shall be considered to be paid in an amount equal 
to the fair market value of any contribution so used.". 
(3) EXPENDITURES FROM TRUST FUND.—Paragraph (2) of section 
9504(b) of the Internal Revenue Code of 1986 is amended by 
striking "(as in effect on June 1, 1984)" and inserting "(as in 
effect on October 1,1988)". 
(d) SURVEY OF FUEL USE BY RECREATIONAL VESSELS.— 
(1) IN GENERAL.—The Secretary of Transportation and the 
Secretary of the Interior shall jointly conduct a survey of— 
(A) the number, size, and primary uses of recreational 
vessels operating on the waters of the United States; and 
(B) the amount and types of fuel used by those vessels. 
X (2) 
AUTHORIZATION 
OF CONTRACTS.—The 
Secretary 
of 
Transportation and the Secretary of the Interior may enter into 
contracts for the performance of a survey pursuant to this 
subsection. 
(3) REPORT.—The Secretary of the Interior and the Secretary 
of Transportation shall jointly submit a report to the Speaker of 
the House of Representatives and to the President pro tempore 
of the Senate which describes the results of the survey con-
ducted pursuant to this section not later than November 15, 
1992. 
(4) FUNDING.—Activities under this subsection may be 
carried out— 
(A) using amounts available to the Secretary of the In-
terior for administrative expenses under the Act entitled 
"An Act to provide that the United States shall aid the 
States in fish restoration and management projects, and for 
other purposes" (64 Stat. 430; 16 U.S.C. 777 et seq.); and 
(B) subject to appropriations, using amounts available to 
the Secretary of Transportation under section 13106(a)(1) of 
title 46, United States Code (as amended by this Act). 
(e) EFFECTIVE DATE.—This section shall take effect October 1, 16 USC 777 note. 
1988. 
26 USC 9504. 
46 USC 13101 
note. 
102 STAT. 1842 
PUBLIC LAW 100-448—SEPT. 28, 1988 
SEC. 7. MANNING REQUIREMENTS FOR MOBILE OFFSHORE DRILLING 
UNITS. 
Section 8301(aX2) of title 46, United States Code, is amended to 
read as follows: 
"(2) A vessel of at least 1,000 gross tons and propelled by machin-
ery shall have 3 licensed mates, except— 
"(A) in the case of a vessel other than a mobile offshore 
drilling unit, if on a voyage of less than 400 miles from port of 
departure to port of final destination, the vessel shall have 2 
licensed mates; and 
"(B) in the case of a mobile offshore drilling unit, the vessel 
shall have licensed individuals as provided by regulations pre-
scribed by the Secretary under section 8101 of this title.". 
SEC. 
8
. 
TRANSFER 
OF 
COAST 
GUARD 
PROPERTY 
AT 
LAKE 
WORTH 
INLET, 
FLORIDA. 
(a) IN GENERAL.—In exchange for parcels of land, or any buildings 
or improvements located in and about Lake Worth Inlet in Palm 
Beach County, Florida, or in exchange for construction, improve-
ments, or services to land or buildings in such area, the Secretary of 
the department in which the Coast Guard is operating may offer for 
consideration, and transfer, in whole or in part, any other parcels of 
land, and any buildings and improvements, located in and about 
Lake Worth Inlet in Palm Beach County, Florida, which have been 
held for the use of the Coast Guard. The exact acreage and legal 
description of the land to be transferred shall be as described in 
such surveys as may be satisfactory to the Secretary. 
Contracts. 
Q)) PROCEDURE.—Each contracting action under this section shall 
be conducted in accordance with competitive bidding procedures 
prescribed by section 2304 of title 10, United States Code. Property 
may not be exchanged under this section for less than its fair 
market value or reasonably comparable value in property, construc-
tion, improvements, or services. 
SEC. 9. COAST GUARD ACADEMY ADVISORY COMMITTEE TERMINATION 
DATE. 
Section 193 of title 14, United States Code, is amended by adding 
at the end the following new sentence: "The Committee terminates 
on September 30,1992.". 
SEC. 10. AUTHORITY FOR CIVILIAN AGENTS TO CARRY FIREARMS. 
(a) IN GENERAL.—Chapter 5 of title 14, United States Code, is 
amended by adding at the end the following new section: 
"§ 95. Civilian agents authorized to carry firearms 
Regulations. 
"Under regulations prescribed by the Secretary with the approval 
of the Attorney General, civilian special agents of the Coast Guard 
may carry firearms or other appropriate weapons while assigned to 
official investigative or law enforcement duties.". 
Ot)) CONFORMING AMENDMENT.—The table of sections for such 
chapter is amended by adding at the end the following new item: 
"95. Civilian agents authorized to carry firearms.". 
SEC. 11. RELOCATION ASSISTANCE FOR COAST GUARD PERSONNEL. 
Section 1013 of the Demonstration Cities Metropolitan Develop-
ment Act of 1966 (42 U.S.C. 3374) is amended— 
PUBLIC LAW 100-448—SEPT. 28, 1988 
102 STAT. 1843 
(1) in subsection (k) by striking "and (c)" and inserting "(c), 
and (n)"; and 
(2) by adding at the end the following new subsection: 
"(nXD Assistance under this section shall be provided by the 
Secretary of Defense with respect to Coast Guard bases and installa-
tions ordered to be closed, in whole or in part, after January 1,1987. 
Such assistance shall be provided under terms equivalent to those 
under which assistance is provided under this section for closings of 
military bases and installations which are under the jurisdiction of 
the Secretary of Defense. 
"(2) The Secretary of the department in which the Coast Guard is 
operating, if other than the Department of Defense, shall reimburse 
the Secretary of Defense for expenditures under this section made 
by the Secretary of Defense with respect to closings of Coast Guard 
bases and installations ordered when the Coast Guard is not operat-
ing as a service in the Navy. The Secretary of Defense and the Contracts. 
Secretary of the department in which the Coast Guard is operating 
shall enter into an agreement under which the Secretary of the 
department in which the Coast Guard is operating shall carry out 
such reimbursement.". 
SEC. 12. COAST GUARD ACADEMY CADET SERVICE OBLIGATION. 
Section 182 of title 14, United States Code, is amended— 
(1) by striking the next to the leist sentence of subsection (a); 
and 
(2) by striking subsection (b) and inserting in lieu thereof the 
following new subsections: 
"(b) Each cadet shall sign an agreement with respect to the cadet's 
length of service in the Ck)ast Guard. The agreement shall provide 
that the cadet agrees to the following: 
"(1) That the cadet will complete the course of instruction at 
the Co£ist Guard Academy. 
"(2) That upon graduation from the Coast Guard Academy the 
cadet— 
"(A) will accept an appointment, if tendered, as a commis-
sioned officer of the Coast Guard; and 
"(B) will serve on active duty for at least five years 
immediately after such appointment. 
"(3) That if an appointment described in paragraph (2) is not 
tendered or if the cadet is permitted to resign as a regular 
officer before the completion of the commissioned service obliga-
tion of the cadet, the cadet— 
"(A) will accept an appointment as a commissioned offi-
cer in the Coast Guard Reserve; and 
"(B) will remain in that reserve component until comple-
tion of the commissioned service obligation of the cadet. 
"(cXD The Secretary may transfer to the Coast Guard Reserve, 
and may order to active duty for such period of time as the Sec-
retary prescribes (but not to exceed four years), a cadet who 
breaches an agreement under subsection (b). The period of time for 
which a cadet is ordered to active duty under this paragraph may be 
determined without regard to section 651(a) of title 10. 
"(2) A cadet who is transferred to the Coast Guard Reserve under 
paragraph (1) shall be transferred in an appropriate enlisted grade 
or rating, as determined by the Secretary. 
"(3) For the purposes of paragraph (1), a cadet shall be considered 
to have breached an agreement under subsection (b) if the cadet is 
102 STAT. 1844 
PUBLIC LAW 100-448—SEPT. 28, 1988 
Regulations. 
Children and 
youth. 
Regulations. 
Safety. 
separated from the Coast Guard Academy imder circumstances 
which the Secretary determines constitute a breach by the cadet of 
the cadet's agreement to complete the course of instruction at the 
Coast Guard Academy and accept an appointment as a commis-
sioned ofGcer upon graduation from the Coast Guard Academy. 
"(d) The Secretary shall prescribe regulations to carry out this 
section. Those r^^lations shall include— 
"(1) standards for determining what constitutes, for the pur-
pose of subsection (c), a breach of an agreement under subsec-
tion (b); 
"(2) procedures for determining whether such a breach has 
occurred; and 
"(3) standards for determining the period of time for which a 
person may be ordered to serve on active duty under subsec-
tion (c). 
"(e) In this section, 'commissioned service obligation', with respect 
to an officer who is a graduate of the Academy, means the period 
beginning on the date of the officer's appointment as a commis-
sioned officer and ending on the sixth anniversary of such appoint-
ment or, at the discretion of the Secretary, any later date up to the 
eighth anniversary of such appointment. 
"(fXD This section does not apply to a cadet who is not a citizen or 
national of the United States. 
"(2) In the case of a cadet who is a minor and who has parents or a 
guardian, the cadet may sign the agreement required by subsection 
(b) only with the consent of the parent or guardian.". 
SEC. 13. RETROACTIVE PAY FOLLOWING ADMINISTRATIVE ERROR 
(a) IN GENERAL.—Chapter 13 of title 14, United States (Dode, is 
amended by adding at the end the following new section: 
**§513. Retroactive payment of pay and allowances delayed by 
administrative error or oversight 
"Under regulations prescribed by the Secretary, the (Doast Guard 
may authorize retroactive pa3anent of pay and allowances, including 
selective reenlistment bonuses, to enlisted members if entitlement 
to the pay and allowances was delayed in vesting solely because of 
an administrative error or oversight.". 
(b) CONFORMING AMENDMENT.—The table of sections for such 
chapter is amended by adding at the end the foUowing new item: 
"513. Retroactive pajmient of pay and allowances delayed by administrative error or 
oversight.'. 
SEC. 14. TECHNICAL AMENDMENTS TO INLAND NAVIGATIONAL RULES. 
Section 2 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 
chapter 2001 et seq.) is amended— 
(1) by striking "minesweeping" in Rule 3(gXv) (33 U.S.C. 
2003(gXv)) and inserting in lieu thereof "mineclearance"; 
(2) by striking "minesweeping" in Rule 27(b) (33 U.S.C. 
2027(b)) and inserting in lieu thereof "mineclearance"; and 
(3) by striking paragraph (f) of Rule 27 (33 U.S.C. 2027(f)) and 
inserting in lieu thereof the following: 
"(f) A vessel engaged in mineclearance operations shall, in addi-
tion to the lights prescribed for a power-driven vessel in Rule 23 or 
to the lights or shape prescribed for a vessel at anchor in Rule 30, as 
appropriate, exhibit three all-round green lights or three balls. One 
of these lights or shapes shall be exhibited near the foremast head 
PUBLIC LAW 100-448—SEPT. 28,1988 
102 STAT. 1845 
and one at each end of the fore yard. These lights or shapes indicate 
that it is dangerous for another vessel to approach within 1,000 
meters of the mineclearance vessel.". 
SEC. 15. DEFENSE OF CERTAIN SUITS ARISING OUT OF LEGAL MAL-
PRACTICE. 
(a) IN GENERAL.—Section 1054 of title 10, United States Code, is 
amended— 
(1) in subsection (a), by inserting "or within the Coast Guard" 
after "title 32)"; and 
(2) in subsection (g), by striking "or the Secretary of a military 
department" and inserting in lieu thereof ", the Secretary of a 
military department, or the Secretary of the department in 
which the Coast Guard is operating, as appropriate'. 
(b) AFFECTED CLAIMS.—The amendments made by subsection (a) lo use 1054 
shall apply only to claims accruing on or after the date of the ^°^-
enactment of this Act, r^ardless of when the alleged negligent act 
or omission occurred. 
SEC. 16. EXEMPTION FROM GENERAL BRIDGE ACT OF 1946. 
33 USC 59x. 
(a) WATERS DECLARED NONNAVIGABLE.—The waters described in 
subsection 0)) are declared to be nonnavigable waters of the United 
States for purposes of the General Bridge Act of 1946 (33 U.S.C. 525 
et seq.). 
0)) WATERS DESCRIBED.—The waters referred to in subsection (a) New Jersey. 
are a drainage canal which— 
(1) is an unnamed tributary of the creek known as Newton 
Creek, located at block 641 (formerly designated as block 860) in 
the city of Ccunden, New Jersey; 
(2) originates at the north bank of Newton Creek approxi-
mately 1,200 feet east of the confluence of Newton Creek and 
the Delaware River; and 
(3) terminates at drainage culverts on the west side of Inter-
state Highway 676. 
SEC. 17. CLARIFYING AMENDMENT TO TITLE 14. 
Section 2 of title 14, United States Code, is amended by striking 
"on and under" the first place it appears and inserting in lieu 
thereof "on, under, and over . 
SEC. 18. BRIDGES DEEMED UNREASONABLE OBSTRUCTIONS TO NAVI-
GATION. 
Notwithstanding any other provision of law, each of the following 
bridges is deemed to be an unreasonable obstruction to navigation: 
(1) EAST HANNIBAL, ILUNOIS.—The Mississippi River Railroad Missouri. 
Bridge between E^t Hannibal, Illinois, and Hannibal, Missouri, 
mile 309.9, Upper Mississippi River. 
(2) PASCAGOULA, MISSISSIPPI.—The CSX (L&N) Railroad Bridge 
in Pascagoula, Mississippi. 
SEC. 19. REPORT ON POSSIBLE PROCUREMENT FOR ANTISUBMARINE 
WARFARE MISSION. 
Not later than October 1,1988, the Secretary of the department in 
which the Coast Guard is operating shall submit to the Congress a 
report on the plans to accomplish the Coast Guard's antisubmarine 
warfare (ASW) mission responsibilities in the Maritime Defense 
Zone after considering all available options, including those fully 
102 STAT. 1846 
PUBLIC LAW 100-448—SEPT. 28, 1988 
46 use 13110 
note. 
Highways. 
Reports. 
President of U.S. 
Defense and 
national 
security. 
Reports. 
developed by the Navy, on how ASW equipment will be installed 
and used on Coast Guard cutters. 
SEC. 20. CLARIFICATION 
OF MEMBERSHIP OF NATIONAL BOATING 
SAFETY ADVISORY COUNCIL. 
(a) IN GENERAL.—Paragraph (1) of section 13110(b) of title 46, 
United States Code, is amended by striking "members from" each 
place it appears and inserting in lieu thereof "representatives of. 
(b) IMPLEMENTATION.—The Secretary of the department in which 
the Coast Guard is operating shall carry out the amendments made 
by subsection (a) as vacancies in the membership of the National 
Boating Safety Advisory Council occur. 
SEC. 21. DRAWBRIDGE OPENINGS. 
Section 5(a) of the Act entitled "An Act making appropriations for 
the construction, repair, and preservation of certain public works on 
rivers and harbors, and for other purposes", approved August 18, 
1894 (33 U.S.C. 499), is amended by adding at the end the following: 
"Any rules and regulations made in pursuance of this section shall, 
to the extent practical and feasible, provide for regularly scheduled 
openings of drawbridges during seasons of the year, and during 
times of the day, when scheduled openings would help reduce motor 
vehicle traffic delays and congestion on roads and highways linked 
by drawbridges.". 
SEC. 22. MOBILE LAW ENFORCEMENT BASE. 
The Secretary of the department in which the Coast Guard is 
operating shall evaluate the advantages and disadvantages of ac-
quisition by the Coast Guard of a mobile semisubmersible law 
enforcement base. Not later than 3 months after the date of the 
enactment of this Act, the Secretary shall report the results of such 
evaluation to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the (Dommittee on Merchant Marine and 
Fisheries of the House of Representatives. 
SEC. 23. ICEBREAKER STUDY. 
The President shall review existing national needs for polar ice-
breakers with respect to all appropriate national security, scientific, 
economic, and environmental interests of the United States. Not 
later than October 1, 1988, the President shall submit a report on 
such review to the Committee on Commerce, Science, and Transpor-
tation of the Senate and to the Committee on Merchant Marine and 
Fisheries of the House of Representatives. Such report may be in the 
form of an update of the Polar Icebreaker Requirements Study of 
1984 and shall include— 
(1) an assessment of the number and capabilities of polar 
icebreaking vessels required in the national interest with 
respect to national security, scientific, economic, and environ-
mental requirements; 
(2) a comparison of the advantages and disadvantages of 
acquiring polar icebreaking vessels built in whole or in part in 
foreign shipy£u*ds as opp^ed to acquiring polar icebreaking 
vessels built in whole or in part in domestic shipyards, including 
any national security risks and economic costs and benefits; 
(3) a comparison of the operational and economic costs and 
benefits that can be derived from leasing polar icebreaking 
PUBLIC LAW 100-448—SEPT. 28, 1988 
102 STAT. 1847 
vessels as opposed to the costs and benefits that can be derived 
from buying such icebreakers; and 
(4) recommendations for such funding and legislation as may 
be necessary to obtain such polar icebreaking vessels as are 
needed to meet national requirements. 
SEC. 24. TWO-YEAR BUDGET CYCLE FOR COAST GUARD. 
31 USC 1105 
(a) OPINION OF CONGRESS.—It is the opinion of the Congress that 
the programs and activities of the Coast Guard could be more 
effectively and efficiently planned and managed if funds for the 
Coast Guard were provided on a 2-year cycle rather than annually. 
(b) SUBMISSION OF 2-YEAR BUDGET BY PRESIDENT.—The President 
shall include in the budget for fiscal year 1990 submitted to the 
Congress pursuant to section 1105 of title 31, United States Code, a 
single proposed budget for the Coast Guard for fiscal years 1990 and 
1991. Thereafter, the President shall submit a proposed 2-year 
budget for the Coast Guard every other year. 
(c) REPORT.—Not later than October 1, 1988, the Secretary of the 
department in which the Coast Guard is operating shall submit to 
the Committee on Commerce, Science, and Transportation and the 
Committee on Appropriations of the Senate and to the Committee 
on Merchant Marine and Fisheries and the Committee on Appro-
priations of the House of Representatives a report containing— 
(1) the Secretary's views on the advantages and disadvantages 
of operating the Coast Guard on a 2-year budget cycle; 
(2) the Secretary's plans for converting to a 2-year budget 
cycle; and 
(3) a description of any impediments (statutory or otherwise) 
to converting the operations of the Coast Guard to a 2-year 
budget cycle beginning with fiscal year 1990. 
SEC. 25. COAST GUARD BUDGET ESTIMATES. 
Section 663 of title 14, United States Code, is amended by adding 
at the end the following new sentence: "Not later than 30 days after 
the date on which the President submits to the Congress a budget 
under section 1105 of title 31 which includes a proposed 2-year 
budget for the Coast Guard, the Secretary shall submit to the 
Committee on Commerce, Science, and Transportation and the 
Committee on Appropriations of the Senate, and to the Committee 
on Merchant Marine and Fisheries and the Committee on Appro-
priations of the House of Representatives, detailed Coast Guard 
budget estimates for the fiscal years covered by such proposed 2-year 
budget.". 
SEC. 26. CONSTRUCTION OF CERTAIN VESSELS. 
(a) IN GENERAL.—Chapter 17 of title 14, United States Code, is 
amended by adding at the end the following: 
"§ 665. Restriction on construction of vessels in foreign shipyards 
"(a) Except as provided in subsection (b), no Coast Guard vessel, 
and no major component of the hull or superstructure of a Coast 
Guard vessel, may be constructed in a foreign shipyard. 
"(h) The President may authorize exceptions to the prohibition in 
subsection (a) when the President determines that it is in the 
national security interest of the United States to do so. The Presi- President of U.S. 
dent shall transmit notice to Congress of any such determination. Contracts, 
and no contract may be made pursuant to the exception authorized 
102 STAT. 1848 
PUBLIC LAW 100-448—SEPT. 28, 1988 
until the end of the 30-day period beginning on the date the notice of 
such determination is received by Congress.". 
(b) CONFORMING AMENDMENT.—The analysis of chapter 17 of title 
14, United States Code, is amended by adding at the end the 
following: 
"665. Restriction on construction of vessels in foreign shipyards.". 
SEC. 27. HELICOPTER PRESENCE IN CHARLESTON, SOUTH CAROLINA. 
(a) EsTABUSHMENT OF HELICOPTER PRESENCE.—Not later than 
three months after the date of enactment of this Act, the Secretary 
of the department in which the Coast Guard is operating shall have 
initiated action to establish a full-time permanent base at Charles-
ton, South Carolina, for the operation of at least one HH-65 short-
range recovery helicopter, together with necessary support and 
operational personnel. The establishment of this base shall be com-
pleted in 24 months. The Secretary shall ensure that establishing 
and maintaining this base shall not result in a relocation of heli-
copters assigned to a Coast Guard air station as of July 13, 1988. 
(b) AUTHORIZATION OF APPROPRIATIONS.—In addition to the funds 
authorized to be appropriated under section 2 of this Act, 
$10,000,000 is authorized to be appropriated for fiscal year 1989 to 
establish and operate the Charleston, South Carolina, helicopter 
presence. 
SEC. 28. GRANT OF RIGHT OF FIRST REFUSAL TO GRAND HAVEN, MICHI-
GAN, TO CERTAIN PROPERTY USED BY THE COAST GUARD. 
(a) RIGHT OF FIRST REFUSAL.—The Secretary of the department in 
which the Coast Guard is operating shall transfer without consider-
ation to the city of Grand Haven, Michigan, the right that, if the 
Coast Guard ceases to use the property described in subsection (cXD 
as a Coast Guard facility or such property is determined to be 
excess, the city of Grand Haven shall have the first opportunity to 
purchase the property described in subsection (cXD-
(b) PURCHASE PRICE OF PROPERTY.—The right referred to in subsec-
tion (a) shall provide that the property may be purchaised by the city 
of Grand Haven, Michigan, for fair market value less— 
(1) % of the difference between— 
(A) the appraised value of the property described in 
subsection (cXl) after improvements are made but before 
occupancy by the Coast Guard, and 
(B) the appraised value of the property described in 
subsection (cXD, determined as of the date such property 
was first acquired by the United States for use by the Coast 
Guard but before the Coast Guard takes occupancy; less 
(2) the difference between— 
(A) the appraised value of the property described in 
subsection (cXD, determined as of the date the property was 
first acquired for the use of the Coast Guard, and 
(B) the appraised value of the property described in 
subsection (cX2), determined as of the date the property was 
transferred by the United States to the city of Grand 
Haven, Michigan. 
(c) DESCRIPTION OF PROPERTY.— 
(1) PROPERTY USED AS COAST GUARD FACILITY.—The property 
referred to in subsections (a), O^XD (A) and (B), and (bX2XA) is 
that property known as the old Board of Light and Power office 
PUBLIC LAW 100-448—SEPT. 28, 1988 
102 STAT. 1849 
and service operations facility, located at 650 Harbor Avenue, 
Grand Haven, Michigan. 
(2) OTHER PROPERTY.—The property referred to in subsection 
(b)(2XB) is that property in the city of Grand Haven, Michigan, 
more particularly described as: That part of Government Lot 3 
in section 19, town 8 north, range 16 West, described as begin-
ning at a point called "A" located as follows: Commence on the 
east line of said section 19, 2,290.35 feet south of the east 
quarter comer of said section, thence west 663.04 feet, thence 
south 2 degrees west 197.00 feet to a point of beginning "A", 
thence south 63 degrees 45 minutes west 200.00 feet, thence 
south 26 d^rees 15 minutes east 200.00 feet to the north pier on 
the Grand River, thence north 63 degrees 45 minutes east 250.00 
feet along such pier line, thence north 23 degrees 20 minutes 
west to a point 61.05 feet north 63 degrees 45 minutes east of 
point "A", thence south 63 d^rees 45 minutes west to the point 
of beginning, called "A", also known and sometimes described 
as Tax Parcel No. 70-03-19-42-015, being located in the south-
east quarter of said section 19, town 8 north, range 16 west, 
bounded on the southerly boundary thereof by the waters of the 
Grand River, and bounded on the northerly edge thereof by 
"Main Street" in the city of Grand Haven. 
SEC. 29. ASSISTANCE TO FILM PRODUCERS. 
(a) IN GENERAL.—Title 14, United States Code, is amended by 
inserting after section 658 the following: 
"§ 659. Assistance to film producers 
"(a) Notwithstanding any other provision of law, when the Sec-
retary determines that it is appropriate, and that it will not inter-
fere with Coast Guard missions, the Secretary may conduct oper-
ations with Coast Guard vessels, aircraft, facilities, or personnel, in 
such a way as to give assistance to film producers. As used in this 
section, 'film producers' includes commercial or noncommercial 
producers of material for cinema, television, or videotape. 
"(\>) The Secretary shall keep account of costs incurred as a result 
of providing assistance to film producers, not including costs which 
would otherwise be incurred in Coast Guard operations or training, 
or shall estimate such costs in advance, and such costs shall be paid 
to the Secretary by the film producers who request such assistance, 
on terms determined by the Secretary. The Secretary may waive 
costs not exceeding $200 for one production, and may waive other 
costs related to noncommercisd productions which the Secretary 
determines to be in the public interest. The Secretary shall re-
imburse the amounts collected under this section to the Coast Guard 
appropriation account under which the costs were incurred.". 
(b) CONFORMING AMENDMENT.—The table of sections at the begin-
ning of chapter 17 of title 14, United States Code, is amended by 
inserting after the item relating to section 658 the following: 
"659. Assistance to film producers.". 
SEC. 30. USE OP COAST GUARD AUXILIARY FOR NONEMERGENCY ASSIST-
ANCE. 
(a) IN GENERAL.—Section 8803) of title 14, United States Code, is 
amended— 
(1) by striking "The Coast Guard" and inserting in lieu 
thereof "(1) Subject to paragraph (2), the Coast Guard"; and 
102 STAT. 1850 
PUBLIC LAW 100-448—SEPT. 28, 1988 
(2) by adding at the end the following: 
"(2) The Commandant shall make full use of all available and 
qualified resources, including the Coast Guard Auxiliary and indi-
viduals licensed by the Secretary pursuant to section 8904(b) of title 
46, United States Code, is rendering aid under this subsection in 
nonemergency cases.". 
(b) CONFORMING AMENDMENT.—Section 113 of the Coast Guard 
Authorization Act of 1982 (14 U.S.C. 88 note) is amended by insert-
ing 
"(other 
than 
by 
the 
Coast 
Guard 
Auxiliary)" 
after 
"interference". 
Approved September 28, 1988. 
LEGISLATIVE HISTORY—H.R. 2342 (S. 1459): 
HOUSE REPORTS: No. 100-154 (Comm. on Merchant Marine and Fisheries) and 
No. 100-855 (Comm. of Conference). 
SENATE REPORTS: No. 100-98 accompanying S. 1459 (Comm. on Commerce, Science, 
and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 133 (1987): July 8, considered and passed House. 
Oct. 13, considered and passed Senate, amended, in lieu of 
^ 
S. 1459. 
Dec. 18, House concurred in Senate amendment with an 
amendment. 
Vol. 134 (1988): Sept. 14, House agreed to conference report. 
Sept. 15, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): 
Sept. 28, Presidential statement.