Pub. L. 101-164, tit. I, under "COAST GUARD"
COAST GUARD
COAST GUARD Operating Expenses For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase of not to exceed eight passenger motor vehicles for replacement only; payments pursuant to section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), and section 229(b) of the Social Security Act (42 U.S.C. 429(b)); and recreation and welfare; $2,252,000,000 is authorized to be appropriated, derived by transfer, or otherwise provided in “in kind” commodities and services for Coast Guard operating expenses in fiscal year 1990; of which $1,952,000,000 is hereby appropriated, of which $30,000,000 shall be expended from the Boat Safety Account, notwithstanding any other provision of law, and of which $25,000,000 shall remain available for obligation until September 30, 1991: Provided, That of the funds provided for operating expenses for fiscal year 1990, in this or any other Act, not leas than $567,000,000 shall be available for drug enforcement activities and not less than $168,467,000 shall be available for environmental protection activities: Provided further, That the number of aircraft on hand at any one time shall not exceed two hundred and fourteen, exclusive of planes and parts stored to meet future attrition: Provided further, That none of the funds appropriated in this or any other Act shall be available for pay or administrative expenses in connection with shipping commissioners in the United States: Provided further, That none of the funds provided in this Act shall be available for expenses incurred for yacht documentation under 46 U.S.C. 12109, except to the extent fees are collected from yacht owners and credited to this appropriation: Provided further, That none of the funds appropriated under this Act shall be used by the Secretary of Transportation to close any Coast Guard search and rescue stations, or to close or decommission any unit of the United States Coast Guard unless such closure or decommissioning was provided for in the Budget of the United States, and its supporting documentation, and was agreed to by the Congress in this Act, as provided for in its legislative history, including Committee reports. 103 STAT. 1072 Acquisition, Construction, and Improvements For necessary expenses of acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto, $445,500,000, of which $7,500,000 shall be derived by transfer from “Operating expenses”, to remain available until September 30, 1994, of which $132,700,000 shall be available to acquire, repair, renovate or improve vessels, small boats and related equipment; $204,200,000 shall be available to acquire new aircraft and increase aviation capability; $15,900,000 shall be available for command, control and communications and related systems; $71,100,000 shall be available for shore facilities and aids to navigation facilities; and $21,600,000 shall be available for personnel, survey and design, and related costs: Provided, That the Secretary of Transportation shall issue regulations requiring that written warranties shall be included in all contracts with prime contractors for major systems acquisitions of the Coast Guard: Provided further, That any such written warranty shall not apply in the case of any system or component thereof that has been furnished by the Government to a contractor: Provided further, That the Secretary of Transportation may provide for a waiver of the requirements for a warranty where: (1) the waiver is necessary in the interest of the national defense or the warranty would not be cost effective; and (2) the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Merchant Marine and Fisheries of the House of Representatives are notified in writing of the Secretary’s intention to waive and reasons for waiving such requirements: Provided further, That the requirements for such written warranties shall not cover combat damage: Provided further, That the unexpended balances of the appropriation “Coast Guard Shore Facilities” shall be transferred to and merged with this appropriation, and remain available for obligation until September 30, 1993. Alteration of Bridges For necessary expenses for alteration or removal of obstructive bridges, $2,330,000, to remain available until expended. Retired Pay 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 Benefits Plans, and for payments for medical care of retired personnel and their dependents under the Dependents Medical Care Act (10 U.S.C. ch. 55), $420,800,000. Reserve Training For all necessary expenses for the Coast Guard Reserve, as authorized by law; maintenance and operation of facilities; and supplies, equipment, and services; $72,800,000. 103 STAT. 1073 Research, Development, Test, and Evaluation For necessary expenses, not otherwise provided for, for applied scientific research, development, test, and evaluation; maintenance, rehabilitation, lease and operation of facilities and equipment, as authorized by law, $20,800,000, to remain available until expended: Provided, That there may be credited to this appropriation funds received from State and local governments, other public authorities, private sources, and foreign countries, for expenses incurred for research, development, testing, and evaluation. Offshore Oil Pollution Compensation Fund The Secretary of Transportation is authorized to issue to the Secretary of the Treasury notes or other obligations in such amounts and at such times as may be necessary to the extent that appropriations are not adequate to meet the obligations of the Fund: Provided, That none of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $60,000,000 in fiscal year 1990 for the “Off-shore Oil Pollution Compensation Fund”. Deepwater Port Liability Fund The Secretary of Transportation is authorized to issue, and the Secretary of the Treasury is authorized to purchase, without fiscal year limitation, notes or other obligations in such amounts and at such times as may be necessary to the extent that available appropriations are not adequate to meet the obligations of the Fund: Provided, That none of the funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of $50,000,000 in fiscal year 1990 for the “Deepwater Port Liability Fund”. Boat Safety For payment of necessary expenses incurred for recreational boating safety assistance under Public Law 92–75, as amended, $30,000,000, to be derived from the Boat Safety Account and to remain available until expended.