HR 5887 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 5887CommentsClose CommentsPermalink

To authorize appropriations for the Coast Guard for fiscal years 2013 through 2015, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

June 1, 2012CommentsClose CommentsPermalink

Mr. LOBIONDO (for himself and Mr. LARSEN of Washington) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To authorize appropriations for the Coast Guard for fiscal years 2013 through 2015, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Coast Guard and Maritime Transportation Act of 2012’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

TITLE I--AUTHORIZATION

Sec. 101. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 102. Authorized levels of military strength and training.CommentsClose CommentsPermalink

TITLE II--COAST GUARD

Sec. 201. Selection boards; oath of members.CommentsClose CommentsPermalink





Sec. 202. Special selection boards; correction of errors.CommentsClose CommentsPermalink





Sec. 203. Prohibition of certain involuntary administrative separations.CommentsClose CommentsPermalink





Sec. 204. Annual report on Coast Guard unfunded priorities.CommentsClose CommentsPermalink

TITLE III--MISCELLANEOUS

Sec. 301. Technical corrections.CommentsClose CommentsPermalink





Sec. 302. Fishing vessel certification.CommentsClose CommentsPermalink





Sec. 303. Response Boat-Medium procurement.CommentsClose CommentsPermalink





Sec. 304. USCGC ‘Polar Sea’.CommentsClose CommentsPermalink

TITLE I--AUTHORIZATIONCommentsClose CommentsPermalink

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Funds are authorized to be appropriated for each of fiscal years 2013, 2014, and 2015 for necessary expenses of the Coast Guard as follows:CommentsClose CommentsPermalink





(1) For the operation and maintenance of the Coast Guard--CommentsClose CommentsPermalink





(A) $6,922,645,000 for fiscal year 2013;CommentsClose CommentsPermalink





(B) $7,021,036,000 for fiscal year 2014; andCommentsClose CommentsPermalink





(C) $7,078,327,000 for fiscal year 2015.CommentsClose CommentsPermalink





(2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft, including equipment related thereto--CommentsClose CommentsPermalink





(A) $1,505,312,000 for fiscal year 2013;CommentsClose CommentsPermalink





(B) $1,506,448,000 for fiscal year 2014; andCommentsClose CommentsPermalink





(C) $1,507,605,000 for fiscal year 2015;CommentsClose CommentsPermalink





to remain available until expended.CommentsClose CommentsPermalink





(3) For the Coast Guard Reserve program, including personnel and training costs, equipment, and services--CommentsClose CommentsPermalink





(A) $138,111,000 for fiscal year 2013;CommentsClose CommentsPermalink





(B) $140,016,000 for fiscal year 2014; andCommentsClose CommentsPermalink





(C) $141,957,000 for fiscal year 2015.CommentsClose CommentsPermalink





(4) For environmental compliance and restoration of Coast Guard vessels, aircraft, and facilities (other than parts and equipment associated with operation and maintenance)--CommentsClose CommentsPermalink





(A) $16,699,000 for fiscal year 2013;CommentsClose CommentsPermalink





(B) $16,701,000 for fiscal year 2014; andCommentsClose CommentsPermalink





(C) $16,704,000 for fiscal year 2015;CommentsClose CommentsPermalink





to remain available until expended.CommentsClose CommentsPermalink





(5) To the Commandant of the Coast Guard for research, development, test, and evaluation of technologies, materials, and human factors directly related to improving the performance of the Coast Guard’s mission with respect to search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness--CommentsClose CommentsPermalink





(A) $19,848,000 for fiscal year 2013;CommentsClose CommentsPermalink





(B) $19,890,000 for fiscal year 2014; andCommentsClose CommentsPermalink





(C) $19,933,000 for fiscal year 2015.CommentsClose CommentsPermalink

SEC. 102. 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 47,000 for each of fiscal years 2013 through 2015.CommentsClose CommentsPermalink





(b) Military Training Student Loads- The Coast Guard is authorized average military training student loads for each of fiscal years 2013 through 2015 as follows:CommentsClose CommentsPermalink





(1) For recruit and special training, 2,500 student years.CommentsClose CommentsPermalink





(2) For flight training, 165 student years.CommentsClose CommentsPermalink





(3) For professional training in military and civilian institutions, 350 student years.CommentsClose CommentsPermalink





(4) For officer acquisition, 1,200 student years.CommentsClose CommentsPermalink

TITLE II--COAST GUARDCommentsClose CommentsPermalink

SEC. 201. SELECTION BOARDS; OATH OF MEMBERS.

Section 254 of title 14, United States Code, is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 254. Selection boards; oath of members

‘Each member of a selection board shall swear--CommentsClose CommentsPermalink





‘(1) that the member will, without prejudice or partiality, and having in view both the special fitness of officers and the efficiency of the Coast Guard, perform the duties imposed upon the member; andCommentsClose CommentsPermalink





‘(2) an oath in accordance with section 635.’.CommentsClose CommentsPermalink

SEC. 202. SPECIAL SELECTION BOARDS; CORRECTION OF ERRORS.

(a) In General- Chapter 11 of title 14, United States Code, is amended by inserting after section 262 the following:CommentsClose CommentsPermalink

‘Sec. 263. Special selection boards; correction of errors

‘(a) Officers Not Considered Due to Administrative Error-CommentsClose CommentsPermalink





‘(1) IN GENERAL- If the Secretary determines that as the result of an administrative error--CommentsClose CommentsPermalink





‘(A) an officer or former officer was not considered for selection for promotion by a selection board convened under section 251; orCommentsClose CommentsPermalink





‘(B) the name of an officer or former officer was not placed on an all-fully-qualified-officers list;CommentsClose CommentsPermalink





the Secretary shall convene a special selection board to determine whether such officer or former officer should be recommended for promotion and such officer or former officer shall not be considered to have failed of selection for promotion prior to the consideration of the special selection board.CommentsClose CommentsPermalink





‘(2) EFFECT OF FAILURE TO RECOMMEND FOR PROMOTION- If a special selection board convened under paragraph (1) does not recommend for promotion an officer or former officer, whose grade is below the grade of captain and whose name was referred to that board for consideration, the officer or former officer shall be considered to have failed of selection for promotion.CommentsClose CommentsPermalink





‘(b) Officers Considered but Not Selected; Material Error-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In the case of an officer or former officer who was eligible for promotion, was considered for selection for promotion by a selection board convened under section 251, and was not selected for promotion by that board, the Secretary may convene a special selection board to determine whether the officer or former officer should be recommended for promotion, if the Secretary determines that--CommentsClose CommentsPermalink





‘(A) an action of the selection board that considered the officer or former officer--CommentsClose CommentsPermalink





‘(i) was contrary to law in a matter material to the decision of the board; orCommentsClose CommentsPermalink





‘(ii) involved material error of fact or material administrative error; orCommentsClose CommentsPermalink





‘(B) the selection board that considered the officer or former officer did not have before it for consideration material information.CommentsClose CommentsPermalink





‘(2) EFFECT OF FAILURE TO RECOMMEND FOR PROMOTION- If a special selection board convened under paragraph (1) does not recommend for promotion an officer or former officer, whose grade is that of commander or below and whose name was referred to that board for consideration, the officer or former officer shall be considered--CommentsClose CommentsPermalink





‘(A) to have failed of selection for promotion with respect to the board that considered the officer or former officer prior to the consideration of the special selection board; andCommentsClose CommentsPermalink





‘(B) to incur no additional failure of selection for promotion as a result of the action of the special selection board.CommentsClose CommentsPermalink





‘(c) Requirements for Special Selection Boards- Each special selection board convened under this section shall--CommentsClose CommentsPermalink





‘(1) be composed in accordance with section 252 and the members of the board shall be required to swear the oaths described in section 254;CommentsClose CommentsPermalink





‘(2) consider the record of an applicable officer or former officer as that record, if corrected, would have appeared to the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board and that record shall be compared with a sampling of the records of--CommentsClose CommentsPermalink





‘(A) those officers of the same grade who were recommended for promotion by such prior selection board; andCommentsClose CommentsPermalink





‘(B) those officers of the same grade who were not recommended for promotion by such prior selection board; andCommentsClose CommentsPermalink





‘(3) submit to the Secretary a written report in a manner consistent with sections 260 and 261.CommentsClose CommentsPermalink





‘(d) Appointment of Officers Recommended for Promotion-CommentsClose CommentsPermalink





‘(1) IN GENERAL- An officer or former officer whose name is placed on a promotion list as a result of the recommendation of a special selection board convened under this section shall be appointed, as soon as practicable, to the next higher grade in accordance with the law and policies that would have been applicable to the officer or former officer had the officer or former officer been recommended for promotion by the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board.CommentsClose CommentsPermalink





‘(2) EFFECT- An officer or former officer who is promoted to the next higher grade as a result of the recommendation of a special selection board convened under this section shall have, upon such promotion, the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the active duty promotion list as the officer or former officer would have had if the officer or former officer had been recommended for promotion to that grade by the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board.CommentsClose CommentsPermalink





‘(3) RECORD CORRECTION- If the report of a special selection board convened under this section, as approved by the President, recommends for promotion to the next higher grade an officer not eligible for promotion or a former officer whose name was referred to the board for consideration, the Secretary may act under section 1552 of title 10 to correct the military record of the officer or former officer to correct an error or remove an injustice resulting from the officer or former officer not being selected for promotion by the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board.CommentsClose CommentsPermalink





‘(e) Application Process and Time Limits- The Secretary shall issue regulations regarding the process by which an officer or former officer may apply to have a matter considered by a special selection board convened under this section, including time limits related to such applications.CommentsClose CommentsPermalink





‘(f) Limitation of Other Jurisdiction- No official or court of the United States shall have authority or jurisdiction over any claim based in any way on the failure of an officer or former officer to be selected for promotion by a selection board convened under section 251, until--CommentsClose CommentsPermalink





‘(1) the claim has been referred to a special selection board convened under this section and acted upon by that board; orCommentsClose CommentsPermalink





‘(2) the claim has been rejected by the Secretary without consideration by a special selection board convened under this section.CommentsClose CommentsPermalink





‘(g) Judicial Review-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A court of the United States may review--CommentsClose CommentsPermalink





‘(A) a decision of the Secretary not to convene a special selection board under this section to determine if the court finds that the decision of the Secretary was arbitrary or capricious, not based on substantial evidence, or otherwise contrary to law; andCommentsClose CommentsPermalink





‘(B) an action of a special selection board under this section to determine if the court finds that the action of the special selection board was contrary to law or involved material error of fact or material administrative error.CommentsClose CommentsPermalink





‘(2) REMAND AND RECONSIDERATION- If, with respect to a review under paragraph (1), a court makes a finding described in subparagraph (A) or (B) of that paragraph, the court shall remand the case to the Secretary and the Secretary shall provide the applicable officer or former officer consideration by a new special selection board convened under this section.CommentsClose CommentsPermalink





‘(h) Designation of Boards- The Secretary may designate a selection board convened under section 251 as a special selection board convened under this section. A selection board so designated may function in the capacity of a selection board convened under section 251 and a special selection board convened under this section.’.CommentsClose CommentsPermalink





(b) Selection Boards; Submission of Reports- Section 261(d) of title 14, United States Code, is amended by striking ‘selection board’ and inserting ‘selection board, including a special selection board convened under section 263,’.CommentsClose CommentsPermalink





(c) Failure of Selection for Promotion- Section 262 of title 14, United States Code, is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 262. Failure of selection for promotion

‘An officer, other than an officer serving in the grade of captain, who is, or is senior to, the junior officer in the promotion zone established for his grade under section 256 of this title, fails of selection if he is not selected for promotion by the selection board which considered him, or if having been recommended for promotion by the board, his name is thereafter removed from the report of the board by the President.’.CommentsClose CommentsPermalink





(d) Clerical Amendment- The analysis for chapter 11 of title 14, United States Code, is amended by inserting after the item relating to section 262 the following:CommentsClose CommentsPermalink





‘263. Special selection boards; correction of errors.’.CommentsClose CommentsPermalink





(e) Applicability- The amendments made by this section shall take effect on the date of enactment of this Act and the Secretary may convene a special selection board on or after that date under section 263 of title 14, United States Code, with respect to any error or other action for which such a board may be convened if that error or other action occurred on or after the date that is 1 year before the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 203. PROHIBITION OF CERTAIN INVOLUNTARY ADMINISTRATIVE SEPARATIONS.

(a) In General- Chapter 11 of title 14, United States Code, as amended by this Act, is further amended by inserting after section 426 the following:CommentsClose CommentsPermalink

‘Sec. 427. Prohibition of certain involuntary administrative separations

‘(a) In General- Except as provided in subsection (b), the Secretary may not authorize the involuntary administrative separation of a covered individual based on a determination that the covered individual is unsuitable for deployment or other assignment due to a medical condition of the covered individual considered by a Physical Evaluation Board during an evaluation of the covered individual that resulted in the covered individual being determined to be fit for duty.CommentsClose CommentsPermalink





‘(b) Reevaluation-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary may require a Physical Evaluation Board to reevaluate any covered individual if the Secretary determines there is reason to believe that a medical condition of the covered individual considered by a Physical Evaluation Board during an evaluation of the covered individual renders the covered individual unsuitable for continued duty.CommentsClose CommentsPermalink





‘(2) RETIREMENTS AND SEPARATIONS- A covered individual who is determined, based on a reevaluation under paragraph (1), to be unfit to perform the duties of the covered individual’s office, grade, rank, or rating may be retired or separated for physical disability under this chapter.CommentsClose CommentsPermalink





‘(c) Covered Individual Defined- In this section, the term ‘covered individual’ means any member of the Coast Guard who has been determined by a Physical Evaluation Board, pursuant to a physical evaluation by that board, to be fit for duty.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The analysis for chapter 11 of title 14, United States Code, as amended by this Act, is further amended by inserting after the item relating to section 426 the following:CommentsClose CommentsPermalink





‘427. Prohibition of certain involuntary administrative separations.’.CommentsClose CommentsPermalink

SEC. 204. ANNUAL REPORT ON COAST GUARD UNFUNDED PRIORITIES.

(a) In General- Section 663 of title 14, United States Code, is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 663. Submission of reports and plans to Congress

‘(a) In General- On the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate--CommentsClose CommentsPermalink





‘(1) a capital investment plan for the Coast Guard that identifies for each capital asset for which appropriations are proposed in that budget--CommentsClose CommentsPermalink





‘(A) the proposed appropriations included in that budget;CommentsClose CommentsPermalink





‘(B) the total estimated cost of completion;CommentsClose CommentsPermalink





‘(C) projected funding levels for each fiscal year for the next 5 fiscal years or until project completion, whichever is earlier;CommentsClose CommentsPermalink





‘(D) an estimated completion date at the projected funding levels; andCommentsClose CommentsPermalink





‘(E) an acquisition program baseline, as applicable; andCommentsClose CommentsPermalink





‘(2) a list of each unfunded priority for the Coast Guard.CommentsClose CommentsPermalink





‘(b) Unfunded Priority Defined- In this section, the term ‘unfunded priority’ means a program or mission requirement that--CommentsClose CommentsPermalink





‘(1) has not been selected for funding in the applicable proposed budget;CommentsClose CommentsPermalink





‘(2) is necessary to fulfill a requirement associated with an operational need; andCommentsClose CommentsPermalink





‘(3) the Commandant would have recommended for inclusion in the applicable proposed budget had additional resources been available or had the requirement emerged before the budget was submitted.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The analysis for chapter 17 of title 14, United States Code, is amended by striking the item relating to section 663 and inserting the following:CommentsClose CommentsPermalink





‘663. Submission of reports and plans to Congress.’.CommentsClose CommentsPermalink





(c) Conforming Amendment- Section 918 of the Coast Guard Authorization Act of 2010 (14 U.S.C. 663 note), and the item relating to that section in the table of contents in section 1(b) of that Act, are repealed.CommentsClose CommentsPermalink

TITLE III--MISCELLANEOUSCommentsClose CommentsPermalink

SEC. 301. TECHNICAL CORRECTIONS.

Title 14, United States Code, is amended--CommentsClose CommentsPermalink





(1) in section 259(c)(1) by striking ‘After selecting’ and inserting ‘In selecting’;CommentsClose CommentsPermalink





(2) in section 286a(d) by striking ‘severance pay’ each place it appears and inserting ‘separation pay’;CommentsClose CommentsPermalink





(3) in the second sentence of section 290(a) by striking ‘in the grade of vice admiral’ and inserting ‘in or above the grade of vice admiral’;CommentsClose CommentsPermalink





(4) in section 516(a) by striking ‘of Homeland Security’;CommentsClose CommentsPermalink





(5) in section 666(a) by striking ‘of Homeland Security’ and inserting ‘of the department in which the Coast Guard is operating’;CommentsClose CommentsPermalink





(6) in section 673(a)(3) by striking ‘of Homeland Security (when the Coast Guard is not operating as a service in the Navy)’;CommentsClose CommentsPermalink





(7) in section 674 by striking ‘of Homeland Security’;CommentsClose CommentsPermalink





(8) in section 675(a) by striking ‘of Homeland Security’; andCommentsClose CommentsPermalink





(9) in the first sentence of section 740(d) by striking ‘that appointment’ and inserting ‘that appointment to the Reserve’.CommentsClose CommentsPermalink

SEC. 302. FISHING VESSEL CERTIFICATION.

Section 4503(c) of title 46, United States Code, is amended by striking ‘July 1, 2012’ and inserting ‘the date that is 1 year after the date on which the Secretary publishes in the Federal Register a definition of the term ‘built’ for purposes of this subsection’.CommentsClose CommentsPermalink

SEC. 303. RESPONSE BOAT-MEDIUM PROCUREMENT.

(a) Requirement To Fulfill Approved Program of Record- Except as provided in subsection (b), the Commandant of the Coast Guard shall maintain the schedule and requirements for the total acquisition of 180 boats as specified in the approved program of record for the Response Boat-Medium acquisition program in effect on June 1, 2012.CommentsClose CommentsPermalink





(b) Applicability- Subsection (a) shall not apply on and after the date on which the Commandant submits to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate such documentation as the Coast Guard Major Systems Acquisition Manual requires to justify reducing the approved program of record for Response Boat-Medium to a total acquisition of less than 180 boats.CommentsClose CommentsPermalink

SEC. 304. USCGC ‘POLAR SEA’.

(a) In General- Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report providing a business-case analysis of the options for and costs of reactivating and extending the service life of the USCGC Polar Sea until the estimated date on which a new polar-class icebreaker is commissioned. The Secretary shall include in the report--CommentsClose CommentsPermalink





(1) an assessment of the current condition of the USCGC Polar Sea and a determination of the vessel’s operational capabilities with respect to fulfilling the Coast Guard’s high latitude operating requirements;CommentsClose CommentsPermalink





(2) a detailed estimate of costs with respect to reactivating and extending the service life of the USCGC Polar Sea to a condition at least comparable to the condition of the USCGC Polar Star when it enters service in 2013; andCommentsClose CommentsPermalink





(3) a life cycle cost estimate with respect to operating and maintaining the USCGC Polar Sea for the duration of its extended service life.CommentsClose CommentsPermalink





(b) Restriction- The Secretary shall not remove any major equipment, systems, or other appurtenances from the USCGC Polar Sea for planned or potential work to refurbish the USCGC Polar Star until the Secretary submits the report required under subsection (a).CommentsClose CommentsPermalink