Coast Guard Authorization Act of 1989 - Authorizes appropriations for the Coast Guard for FY 1990 and 1991 for: (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement for aids to navigation, shore and offshore facilities, vessels, and aircraft; (3) research, development, test, and evaluation; and (4) retirement pay and benefits.
Authorizes the end strength for active-duty personnel of the Coast Guard for FY 1990 and 1991.
Specifies the authorized average military training student load for the Coast Guard for FY 1990 and 1991.
Authorizes the Secretary of the department in which the Coast Guard is operating (Secretary) to acquire replacement icebreaker capability by either lease or purchase, as the Secretary and the Director of the Office of Management and Budget determine is best.
Amends Federal law providing for continuity of grade for Coast Guard vice admirals when reappointed to another position as vice admiral to include reappointment of a vice admiral as an admiral.
Amends Federal law relating to appointment of Coast Guard personnel to require appointment to the grade of lieutenant (junior grade) or lieutenant to be made by the President without the advice and consent of the Senate.
Directs the Secretary to furnish the board that recommends continuation of captains on active duty with the number of officers that may be so recommended, which number must be no less than 50 percent (currently 75 percent) of the number considered.
Authorizes the Commandant of the Coast Guard to involuntarily retire enlisted personnel who have 20 years of service. (Current law allows such action by the Commandant on a recommendation by a Coast Guard Enlisted Personnel Board.)
Provides that, subject to any memorandum of understanding entered into between the Secretary of the Navy and the Secretary of Transportation, when the Coast Guard transfers to and operates in its entirety as a service in the Navy, the appropriations, funding, functions, powers, and duties relating to the Coast Guard are also transferred to the Secretary of the Navy. Authorizes those Secretaries to provide, by memorandum of understanding, for the transfer of additional functions, powers, and duties.
Makes technical amendments to the Act To Prevent Pollution from Ships.
Makes it unlawful for any master, operator, or person in charge of a vessel, with regard to lawful actions and orders by the Coast Guard, to: (1) fail to allow boarding; (2) fail to comply with an order; (3) impede or obstruct a boarding or arrest; or (4) provide certain types of false information. Provides for criminal and civil penalties, seizure and forfeiture of vessels, and withholding or revocation of clearance.
Authorizes and directs the Secretary of the Treasury to strike national medals in commemoration of the bicentennial of the Coast Guard. Directs the Secretary of the Treasury to: (1) furnish the medals to the Secretary of the department in which the Coast Guard is operating at cost; and (2) cause the medals to be sold at cost by the mint as list medals. Authorizes the Secretary of the department in which the Coast Guard is operating and the Commandant of the Coast Guard each to present available medals to individuals whom they determine to merit recognition for their activities in furtherance of missions of the Coast Guard.
HR 2324 IH 101st CONGRESS 1st Session H. R. 2324 To authorize appropriations for the Coast Guard for fiscal years 1990 and 1991, and for other purposes. IN THE HOUSE OF REPRESENTATIVES May 11, 1989 Mr. DAVIS (by request) introduced the following bill; which was referred to the Committee on Merchant Marine and Fisheries A BILL To authorize appropriations for the Coast Guard for fiscal years 1990 and 1991, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. This Act may be cited as the `Coast Guard Authorization Act of 1989'. AUTHORIZATION OF FUNDS FOR FISCAL YEAR 1990 SEC. 2. Funds are authorized to be appropriated for necessary expenses of the Coast Guard for fiscal year 1990, as follows: (1) For the operation and maintenance of the Coast Guard, $2,242,200,000. (2) For the acquisiton, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft, including equipment related thereto, $682,300,000, to remain available until expended. (3) For research, development, test, and evaluation, $19,000,000, to remain available until expended. (4) For retired pay including the payment of obligations therefor otherwise chargeable to lapsed appropriations for this purpose and payments 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, $420,800,000, to remain available until expended. AUTHORIZATION OF FUNDS FOR FISCAL YEAR 1991 SEC. 3. Funds are authorized to be appropriated for necessary expenses of the Coast Guard for fiscal year 1991, as follows: (1) For the operation and maintenance of the Coast Guard, $2,328,500,000. (2) For the acquisiton, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft, including equipment related thereto, $437,800,000, to remain available until expended. (3) For research, development, test, and evaluation, $19,000,000, to remain available until expended. (4) For retired pay including the payment of obligations therefor otherwise chargeable to lapsed appropriations for this purpose and payments 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, $451,200,000, to remain available until expended. AUTHORIZED LEVELS OF MILITARY STRENGTH AND MILITARY TRAINING FOR FISCAL YEAR 1990 SEC. 4. (a) As of September 30, 1990, the Coast Guard is authorized an end-of-year strength for active duty personnel of thirty-eight thousand one hundred and ninety-nine. The authorized strength does not include members of the Ready Reserve called to active duty under the authority of section 712 of title 14, United States Code. (b) For fiscal year 1990, the Coast Guard is authorized average military training student loads as follows: (1) For recruit and special training, two thousand five hundred and eight-seven student years. (2) For flight training, one hundred and ten student years. (3) For professional training in military and civilian institutions, three hundred and ninety student years. (4) For officer acquisition, nine hundred student years. AUTHORIZED LEVELS OF MILITARY STRENGTH AND MILITARY TRAINING FOR FISCAL YEAR 1991 SEC. 5. (a) As of September 30, 1991, the Coast Guard is authorized an end-of-year strength for active duty personnel of thirty eight thousand one hundred and ninety-nine. The authorized strength does not include members of the Ready Reserve called to active duty under the authority of section 712 of title 14, United States Code. (b) For fiscal year 1991, the Coast Guard is authorized average military training student loads as follows: (1) For recruit and special training, two thousand five hundred and eighty-seven student years. (2) For flight training, one hundred and ten student years. (3) For professional training in military and civilian institutions, three hundred and seventy student years. (4) For officer acquisition, eight hundred and sixty-five student years. REPLACEMENT ICEBREAKER LEASE OPTION SEC. 6. (a) The Secretary of the department in which the Coast Guard is operating is authorized to acquire replacement icebreaker capability by either-- (1) entering into a multiyear lease for the purpose of obtaining such capability, for a term not to exceed thirty years; or (2) by direct purchase. (b) The Secretary and the Director of the Office of Management and Budget shall determine which method is in the best interest of the United States, and shall determine the appropriate terms and conditions of the agreement entered into to acquire replacement icebreaker capability. MISCELLANEOUS PROVISIONS, CONCERNING APPOINTMENT, PROMOTION, CONTINUATION, AND RETIREMENT OF COAST GUARD PERSONNEL SEC. 7. (a) Section 52 of title 14, United States Code, is amended by inserting `or admiral' immediately after `to another position as a vice admiral.' (b) Section 271(e) of title 14, United States Code, is amended by inserting at the end of the first sentence `, except that appointments under this section in the grade of lieutenant (junior grade) or lieutenant shall be made by the President alone' immediately after `consent of the Senate'. (c) Section 289(c) of title 14, United States Code, is amended by striking `no less than 75 percent' and inserting in lieu thereof `no less than 50 percent'. (d) Section 357(a) of title 14, United States Code, is amended so as to make the subsection read, in full: `(a) The Commandant may involuntarily retire enlisted members who have twenty years of service.'. (e) Section 357(b) of title 14, United States Code, is amended by striking `retired from active duty by the Commandant pursuant to the action of an Enlisted Personnel Board' and substituting `involuntarily retired by the Commandant'. (f) The catchline to section 357 of title 14, United States Code, is amended to read `Involuntary retirement of enlisted members', and item 357 in the analysis to chapter 11 of title 14, United States Code, is amended to read `357. Involuntary retirement of enlisted members'. TRANSFER OF AUTHORITY FROM THE SECRETARY OF TRANSPORTATION TO THE SECRETARY OF THE NAVY UPON THE TRANSFER OF THE COAST GUARD TO THE NAVY SEC. 8. Section 108 of title 49, United States Code, is amended by redesignating subsection (b) as subsection `(c)' and by inserting after subsection (a) the following new subsection: `(b) Subject to the provisions of any memorandum of understanding entered into between the Secretary of the Navy and the Secretary of Transportation, when the Coast Guard transfers to and operates in its entirety as a service in the Navy under section 3 of title 14, United States Code, those functions, powers, and duties vested in the Secretary of Transportation and exercised through delegations to the Commandant of the Coast Guard or other officers or employees of the Coast Guard are transferred to and vested in the Secretary of the Navy for as long as the Coast Guard operates in its entirety as a service in the Navy. All appropriations and funding associated with those functions, powers, and duties transferred to the Navy shall also transfer to the Secretary of the Navy. The Secretary of the Navy and the Secretary of Transportation may by memorandum of understanding provide for the transfer of additional functions, powers, and duties between the Secretary of the Navy and the Secretary of Transportation. Unless otherwise required by threat to the national security or public safety, such memorandums of understanding and any modifications thereto may not be effective until thirty days after notice in the Federal Register and written notice to the Committee on Commerce, Science, and Transportation in the Senate, the Committees on Merchant Marine and Fisheries in the House of Representatives, and the Committees on Armed Services in the Senate and the House of Representatives. In the case of a threat to the national security or public safety as determined by the President, such memorandums of understanding may take immediate effect, and the reasons therefor shall be included in the notice, which shall be published in the Federal Register and transmitted to the Congress as soon as practicable.'. TECHNICAL AMENDMENTS TO THE ACT TO PREVENT POLLUTION FROM SHIPS SEC. 9. (a) Section 6(c)(1) of the Act To Prevent Pollution from Ships (33 U.S.C. 1905(c)(1)) is amended by striking `Annex V' and substituting `Annex I and Annex II'. (b) Section 8(c)(1) of the Act To Prevent Pollution From Ships (33 U.S.C. 1907(c)(1)) is amended by adding `or this Act' after `Convention'. (c) Section 8(e)(2) of the Act To Prevent Pollution From Ships (33 U.S.C. 1907(e)(2)) is amended by adding `or this Act' after `MARPOL Protocol'. TECHNICAL CORRECTIONS TO THE PROVISIONS RELATING TO THE SAFEGUARDING OF MILITARY WHISTLEBLOWERS SEC. 10. (a) Section 1034(c)(1) of title 10, United States Code, is amended by adding `when the Coast Guard is not operating as a service in the Navy' immediately after `in the case of a member of the Coast Guard'. (b) Section 1034(c)(5) of title 10, United States Code, is amended by adding `(or the Secretary of Transportation in the case of a member of the Coast Guard when the Coast Guard is not operating as a service in the Navy)' immediately after `to the Secretary of Defense'. (c) Section 1034(c)(6) of title 10, United States Code, is amended by adding `(or the Secretary of Transportation in the case of a member of the Coast Guard when the Coast Guard is not operating as service in the Navy)' immediately after `to the Secretary of Defense'. (d) Section 1034(e) of title 10, United States Code, is amended by inserting `(except for a member or former member of the Coast Guard when the Coast Guard is not operating as service in the Navy)' immediately after `former member of the Armed Forces' in the first sentence. PENALTIES FOR FAILURE TO COMPLY WITH A LAWFUL BOARDING SEC. 11. (a) Title 14, United States Code, is amended by adding the following new section immediately after section 639: `Sec. 640. Failure to comply with a lawful boarding `(a) It is unlawful for any master, operator, or person in charge of a vessel subject to the jurisdiction of the United States to fail to bring to that vessel on being ordered to do so or on being chased by any Coast Guard vessel or aircraft, or any other vessel of the Armed Forces which has displayed the ensign, pennant, or other identifying insignia prescribed for vessels or aircraft of the Coast Guard while lawfully operating with members of the Coast Guard aboard. `(b) It is unlawful for any person on board a vessel subject to the jurisdiction of the United States-- `(1) fail to comply with the lawful order of a Coast Guard commissioned, warrant, or petty officer in connection with the boarding of a vessel subject to the jurisdiction of the United States, `(2) impede or obstruct a lawful boarding or arrest, or `(3) provide information to a Coast Guard commissioned, warrant, or petty officer during a lawful boarding of a vessel subject to the jurisdiction of the United States regarding that vessel's destination, origin, ownership, registration, nationality, cargo, or crew, which that person knows or has reason to know is false. `(c) Any person who intentionally violates this section is subject to-- `(1) imprisonment for not more than five years; `(2) a criminal fine of not more than $25,000; and `(3) a civil penalty of not more than $25,000, which may be assessed by the Secretary after notice and an opportunity for a hearing. `(d) Any person who negligently violates this section is subject to a civil penalty of not more than $5,000, which may be assessed by the Secretary after notice and an opportunity for a hearing. `(e) Any vessel which is used in a violation of this section may be seized and forfeited in accordance with the customs laws. Any such vessel is also liable in rem for any criminal fine or civil penalty assessed under this subsection. `(f) At the request of the Secretary, the Secretary of the Treasury shall withhold or revoke the clearance, required by section 4197 of the Revised Statutes of the United States, as amended (46 App. U.S.C. 91), of any vessel owned or operated by a person subject to any of the penalties in this subsection. Clearance may be granted in such cases upon the filing of a bond or other surety satisfactory to the Secretary.'. (b) The analysis of title 14, United States Code, is amended by adding, immediately after item 639: `640. Failure to comply with a lawful boarding.'. COAST GUARD BICENTENNIAL MEDALS SEC. 12. (a) In commemoration of the bicentennial of the United States Coast Guard on August 4, 1990, the Secretary of the Treasury is authorized and directed to strike national medals, of suitable size and metals and with suitable emblems, devices, and inscriptions to be determined by the Secretary of the Treasury after consultation with the Secretary of the department in which the Coast Guard is operating. (b) The Secretary of the Treasury shall furnish the medals to the Secretary of the department in which the Coast Guard is operating at a price equal to the cost thereof. (c) The Secretary of the Treasury shall also cause such medals to be sold, by the mint, as list medals, under such regulations as the Secretary of the Treasury may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. (d) The Secretary of the department in which the Coast Guard is operating and the Commandant of the Coast Guard are each authorized to present available Coast Guard Bicentennial Medals to individuals whom they determine to merit recognition for their activities in furtherance of maritime safety, environmental protection, law enforcement, national defense, or other missions of the Coast Guard.
Introduced in House
Introduced in House
Referred to the House Committee on Merchant Marine and Fisheries.
Referred to the Subcommittee on Coast Guard and Navigation.
Executive Comment Requested from DOT and Navy.
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