[House Report 108-482]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-482
======================================================================
COAST GUARD AUTHORIZATION ACT FOR FISCAL YEAR 2005
_______
May 11, 2004.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 3879]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3879) to authorize appropriations
for the Coast Guard for fiscal year 2005, to amend various laws
administered by the Coast Guard, and for other purposes, having
considered the same, report favorably thereon with amendments
and recommend that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Coast Guard Authorization Act
for Fiscal Year 2005''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for fiscal year 2005 for
necessary expenses of the Coast Guard as follows:
(1) For the operation and maintenance of the Coast Guard,
$5,212,220,000, of which $25,000,000 is authorized to 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.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $1,528,494,000, of which--
(A) $23,500,000 is authorized to 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; and
(B) $1,100,000,000 is authorized for acquisition and
construction of shore and offshore facilities, vessels,
and aircraft, including equipment related thereto, and
other activities that constitute the Integrated
Deepwater System program.
(3) For research, development, test, and evaluation of
technologies, materials, and human factors directly relating to
improving the performance of the Coast Guard's mission in
search and rescue, aids to navigation, marine safety, marine
environmental protection, enforcement of laws and treaties, ice
operations, oceanographic research, and defense readiness,
$18,500,000, to remain available until expended, of which
$3,500,000 is authorized to 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.
(4) For retired pay (including payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for medical
care of retired personnel and their dependents under chapter 55
of title 10, United States Code, $1,085,460,000.
(5) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the Bridge Alteration Program, $19,136,000, to
remain available until expended.
(6) For environmental compliance and restoration at Coast
Guard facilities (other than parts and equipment associated
with operation and maintenance), $17,000,000, to remain
available until expended.
(7) For maintenance and operation of facilities, supplies,
equipment, and services necessary for the Coast Guard Reserve,
as authorized by law, $117,000,000.
SEC. 3. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 45,500 as of September 30,
2005.
(b) Military Training Student Loads.--The Coast Guard is authorized
average military training student loads as follows:
(1) For recruit and special training for fiscal year 2005,
2,500 student years.
(2) For flight training for fiscal year 2005, 125 student
years.
(3) For professional training in military and civilian
institutions for fiscal year 2005, 350 student years.
(4) For officer acquisition for fiscal year 2005, 1,200
student years.
Amend the title so as to read:
A bill to authorize appropriations and military strength
and training levels for the Coast Guard for fiscal year 2005.
PURPOSE OF THE LEGISLATION
H.R. 3879 authorizes funding for the United States Coast
Guard in fiscal year 2005.
BACKGROUND AND NEED FOR THE LEGISLATION
The United States Coast Guard was established on January
28, 1915, through the consolidation of the Revenue Cutter
Service (established in 1790) and the Lifesaving Service
(established in 1848). The Coast Guard later assumed the duties
of three other agencies: the Lighthouse Service (established in
1789), the Steamboat Inspection Service (established in 1838),
and the Bureau of Navigation (established in 1884).
The Coast Guard remained a part of the Department of the
Treasury until 1967, when it was transferred to the newly
created Department of Transportation. Under the Homeland
Security Act of 2002, Public Law 107-296, the Coast Guard moved
to the new Department of Homeland Security on March 1, 2003.
Under section 2 of title 14, United States Code, the Coast
Guard has primary responsibility to enforce or assist in the
enforcement of all applicable Federal laws on, under, and over
the high seas and waters subject to the jurisdiction of the
United States; to ensure safety of life and property at sea; to
protect the marine environment; to carry out domestic and
international icebreaking activities; and to ensure the safety
and security of vessels, ports, waterways, and related
facilities.
As the fifth armed force of the United States, the Coast
Guard also maintains defense readiness to operate as a
specialized service in the Navy upon the declaration of war or
when the President directs. The Coast Guard is composed of
approximately 40,000 active duty military personnel, 8,100
reservists, 6,100 civilian employees, and 37,000 volunteers of
the Coast Guard Auxiliary. The Coast Guard has defended the
Nation in every war since 1790. In fact, the Coast Guard
deployed assets to the Persian Gulf and Mediterranean region to
take part in the U.S. military's Operation Iraqi Freedom.
The Committee is particularly concerned about
implementation of the Integrated Deepwater System (Deepwater)
acquisition program. The U.S. Coast Guard has embarked on a
``system-of-systems'' approach to recapitalization to deal with
the problem of aging and deteriorating operational assets. The
Coast Guard fleet has incurred increasing maintenance and
repair costs at the same time the service is experiencing
increased operational demand for vessels and aircraft as
overall mission requirements, both homeland security related
and traditional missions, have increased. At the onset of the
Deepwater program, the Coast Guard realized they would not have
the money to replace core assets on a one-by-one basis and,
therefore, focused on development of a capabilities-based
approach to procurement in which the system would provide the
capability rather than single platforms. The Committee
continues to support the replacement of outdated legacy assets
through procurements made under the Deepwater program. However,
the Deepwater program has suffered from continued underfunding,
pushing the original procurement and implementation schedule of
20 years to the current timeline of nearly 27 years.
The need for a complete recapitalization is compelling. The
Coast Guard operates the second oldest naval fleet in the
world. In fact, some currently operating assets were
commissioned in WWII. Nearly half of the 110' Patrol Boat fleet
is in immediate need of repair for structural deterioration,
resulting in the direct loss of several hundred patrol days
annually. On average, the High Endurance Cutter fleet suffers a
fire in their main engineering space on every patrol, and the
fleet's main search and rescue helicopter is equipped with
radar designed and installed nearly 20 years ago. Deepwater
will provide for new cutters, surveillance assets and Command &
Control, Communications Computers, Intelligence, Surveillance,
and Reconnaissance (C4ISR), which will allow the service to
``push out the borders'' and meet other homeland security
mission requirements, while ensuring adequate resources to
effectively sustain their traditional missions.
The Coast Guard's placement in the Department of Homeland
Security continues to concern the Committee. Despite the
particular attention placed on the Coast Guard's homeland
security related missions in recent years, the service performs
a much broader range of jobs. It is imperative that these non-
homeland security functions remain priorities for the Coast
Guard. The strength of America's commerce relies on waterborne
trade, and the Coast Guard protects that trade not only from
terrorism, but also from other threats. For this reason, the
Committee insists on funding all non-Homeland Security accounts
including non-Deepwater Acquisitions, Construction and
Improvements, Alteration of Bridges, and Research, Development,
Test and Evaluation at least at the levels enacted for fiscal
year 2004.
The Committee is also concerned with the Administration's
request to transfer Research, Development, Training and
Evaluation funds from the Coast Guard to the Science and
Technology Directorate of the Department of Homeland Security.
Under Section 888 of the Homeland Security Act, the Coast Guard
is to remain intact with all authorities, functions, and
capabilities remaining under the authority of the service. The
Committee will continue to take steps to maintain the integrity
of the Coast Guard.
The Committee contends that the Coast Guard must be given
the funds and resources necessary to carry out the greatly
widened scope of missions that is now expected of the service.
SUMMARY OF THE LEGISLATION
Section 1 provides for the short title of this legislation,
the Coast Guard Authorization Act for Fiscal Year 2005.
Section 2(1) of H.R. 3879 authorizes Operating Expenses at
$5,212,220,000. This amount includes the level requested in the
President's FY 2005 budget, plus $39,000,000, the estimated
cost of establishing a West Coast Helicopter Interdiction
Tactical Squadron. Since its inception, the HITRON squadron has
interdicted 54 ships with over $4 billion worth of cocaine and
made 168 arrests. It has made a significant contribution to our
counter-drug operations.
Section 2(2) authorizes Acquisitions, Construction and
Improvements (AC&I) at $1,528,494,000. This level assumes
$1,100,000,000 for the Integrated Deepwater System (Deepwater),
level funding for non-Deepwater AC&I at the FY 2004
appropriated level, and an additional $75,000,000 to continue
equipping C130J aircraft already purchased by the Service.
Deepwater is the Coast Guard's long-term replacement program
for its operational capital assets. The authorized amount would
restore the Administration's proposed $78,944,000 AC&I
reduction from the FY 2004 appropriated level. Of this amount,
the Committee expects a significant amount will go toward
reducing the current $54,000,000 FY 2005 unfunded shore
facilities requirements list. From that list the highest
priority should be $8,500,000 to consolidate support facilities
at Kodiak, Alaska, and $14,100,000 to renovate the Chase Hall
Barracks at the Coast Guard Academy, New London Connecticut.
Section 2(3) authorizes Research, Development, Testing and
Evaluation at the level requested by the President,
$18,500,000, but assumes the funds will be provided directly to
the Coast Guard rather than to the S&T Directorate.
Section 2(4) authorizes retired pay at the amount requested
by the Administration, $1,085,460,000. This is a mandatory
expenditure.
Section 2(5) authorizes $19,136,000 to carry out alteration
of bridges as directed by the Truman-Hobbs Act, the amount
appropriated in FY 2004. This account provides the Federal
Government's share of the costs for altering or removing
bridges determined to be obstacles to navigation. The
Administration requests no funding to carry out the Truman-
Hobbs Act.
Section 2(6) authorizes Environmental Compliance and
Restoration at the level requested in the President's FY 2005
budget, $17,000,000. This account provides resources to carry
out environmental compliance and restoration responsibilities
resulting from the operation of former and current Coast Guard
facilities.
Section 2(7) authorizes Reserve Training at the level
requested in the President's FY 2005 budget, $117,000,000. This
amount will provide the resources required to fully train,
support, and sustain reserve personnel at a level of readiness
necessary to respond to conflict, national emergency, and
natural or man-made disasters.
Section 3(a) authorizes the Coast Guard to operate at a
level of 45,500 active duty personnel as of September 30, 2005.
Section 3(b) authorizes 2,500 student years for recruit and
special training in fiscal year 2005, 125 student years for
flight training in fiscal year 2005, 350 student years for
professional training in military and civilian institutions for
fiscal year 2005, and 1,200 student years for officer
acquisition for fiscal year 2005.
LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION
H.R. 3879 was introduced on March 3, 2004 by the Honorable
Don Young, Chairman, Committee on Transportation and
Infrastructure with original co-sponsors Congressman Frank A.
LoBiondo, Chairman, Subcommittee on Coast Guard and Maritime
Transportation; Congressman James L. Oberstar, Ranking Member,
Committee on Transportation and Infrastructure; and Congressman
Bob Filner, Ranking Member, Subcommittee on Coast Guard and
Maritime Transportation.
The bill was referred to the Committee on Transportation
and Infrastructure and within the Committee to the Subcommittee
on Coast Guard and Maritime Transportation. On March 4, 2004
the Subcommittee held a legislative hearing on H.R. 3879 and on
March 10, 2004 the Subcommittee held a mark-up session for the
bill. Congressman LoBiondo, Chairman of the Subcommittee,
offered an amendment to change the authorization level for the
Integrated Deepwater System to $1.1 billion and Coast Guard
Acquisitions, Construction and Improvement to $1.5 billion. The
amendment was approved by the Subcommittee by voice vote. The
bill, as amended, was then ordered favorably reported to the
Full Committee. Congresswoman Corrine Brown was added as a co-
sponsor of the legislation at this meeting.
The Committee on Transportation and Infrastructure held a
meeting to mark-up H.R. 3879 on April 21, 2004. The bill as
amended was approved unanimously by voice vote and was ordered
favorably reported to the Committee of the Whole House on the
State of the Union.
ROLLCALL VOTES
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each roll call 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 roll call votes were ordered during the consideration of
H.R. 3879.
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.
COST OF LEGISLATION
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.
COMPLIANCE WITH HOUSE RULE XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included below.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
authorize levels of funding for the Coast Guard for Fiscal Year
2005.
3. 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 following cost estimate for H.R.
3879 from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 27, 2004.
Hon. Don Young,
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. 3879, the Coast
Guard Authorization Act for Fiscal Year 2005.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
H.R. 3879--Coast Guard Authorization Act for fiscal year 2005
Summary: H.R. 3879 would authorize the appropriation of
about $6.9 billion for discretionary programs of the United
States Coast Guard (USCG) for fiscal year 2005, including $5.2
billion for operating expenses, $1.5 billion for capital
projects, $117 million for the USCG reserves, $17 million for
environmental compliance, and $19 million each for research
projects and for bridge alterations. Of these amounts, $48.5
million would be authorized to be derived from the Oil Spill
Liability Trust Fund (OSLTF) and the remainder from the general
fund of the Treasury.
The bill also would authorize the appropriation of nearly
$1.1 billion for USCG retirement benefits (an entitlement) for
the year. This provision would not affect direct spending.
CBO estimates that appropriation of the authorized amounts
would cost nearly $4.6 billion in fiscal year 2005 and about
$6.8 billion over the 2005-2009 period. (About $0.1 billion
would be spent after 2009.) Enacting H.R. 3879 would not affect
revenues or direct spending.
H.R. 3879 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on State, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary effects of H.R. 3879 are summarized in the following
table. The costs of this legislation fall within budget
functions 300 (natural resources and environment) and 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------
2004 2005 2006 2007 2008 2009
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
USCG Spending Under Current Law:
Authorization Level \1\..................................... 5,883 29 0 0 0 0
Estimated Outlays........................................... 5,744 1,733 654 251 134 66
Proposed Changes:
Authorization Level......................................... 0 6,883 0 0 0 0
Estimated Outlays........................................... 0 4,569 1,244 550 276 122
USCG Spending Under H.R. 3879:
Authorization Level \1\..................................... 5,883 6,912 0 0 0 0
Estimated Outlays........................................... 5,744 6,302 1,898 801 410 188
----------------------------------------------------------------------------------------------------------------
\1\ The 2004 level is the amount appropriated for that year for USCG activities, reduced by across-the-board
cuts and by a $71 million rescission of fiscal year 2003 emergency funds. The amount includes 2004 emergency
supplementals and transfers from the Department of Defense. The existing authorization level of $29 million in
2005 is the amount already authorized to be appropriated from the OSLTF for USCG operating expenses and
research.
Basis of estimate: For this estimate, CBO assumes that H.R.
3879 will be enacted by the end of 2004 and that the authorized
amounts will be appropriated for fiscal year 2005. The
authorization level is the amount stated in the bill for USCG
discretionary accounts, excluding $28.5 million of the $48.5
million to be derived from the OSLTF. (That amount, which
consists of $25 million for the agency's operations and $3.5
million for research, is not a change in the agency's
authorization level because such funding is already
authorized.) The $1.1 billion authorized by the bill for USCG
retirement is also excluded because such pay is an entitlement
under current law and does not require annual appropriation.
Estimated outlays are based on historical spending patterns for
USCG activities and programs.
Intergovernmental and private-sector impact: H.R. 3879
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on State, local, or
tribal governments.
Estimate prepared by: Federal Costs: Deborah Reis. Impact
on State, Local, and Tribal Governments: George Waring. Impact
on the Private Sector: Jean Talarico.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
CONSTITUTIONAL AUTHORITY STATEMENT
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
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 states that H.R. 3879 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 are created by this
legislation.
APPLICABILITY TO THE LEGISLATIVE BRANCH
The Committee finds that the legislation 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).
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 3879 makes no changes in existing law.