Coast Guard and Maritime Transportation Act of 2012 - Authorizes FY2013-FY2015 appropriations for the Coast Guard for: (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, aircraft, and related equipment; (3) the Coast Guard Reserve program; (4) environmental compliance and restoration of vessels, aircraft, and facilities; and (5) the Commandant of the Coast Guard for research, development, test, and evaluation of technologies, materials, and human factors directly related to search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness.
Authorizes, for each such fiscal year, end-of-year strength for active duty personnel of 47,000 and specified average military training student loads.
Requires the Secretary of the department in which the Coast Guard is operating to convene a special selection board if an administrative error results in an officer or former officer: (1) not being considered for selection for promotion by a selection board, or (2) not being placed on an all-fully-qualified-officers list. Authorizes the Secretary to also convene such a special selection board for an officer or former officer considered but not selected for promotion if the selection board: (1) acted contrary to law in a matter material to the decision or with the involvement of material factual or administrative error, or (2) did not have material information before it for consideration.
Authorizes judicial review of: (1) a decision of the Secretary not to convene a special selection board, and (2) an action of a special selection board.
Prohibits the Secretary from authorizing certain involuntary administrative separations for Coast Guard members based on medical conditions considered by the Physical Evaluation Board during an evaluation resulting in the individual being determined fit for duty.
Directs the Commandant to submit to Congress an annual capital investment plan for the Coast Guard for each capital asset for which appropriations are proposed in the President's annual budget.
Postpones certification requirements for certain fishing vessels built after a specified date to one year after the Secretary publishes the definition of the term "built" in the Federal Register.
Directs the Commandant to maintain the schedule and requirements for the total acquisition of 180 boats specified in the approved program of record for the Response Boat-Medium acquisition program in effect on June 1, 2012, until the Commandant submits to Congress the documentation required to justify the acquisition of less boats.
Directs the Secretary to report to Congress with a business-case analysis of the options for and costs of reactivating and extending the service life of the Coast Guard cutter Polar Sea until the estimated date on which a new polar-class icebreaker is commissioned.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5887 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 5887
To authorize appropriations for the Coast Guard for fiscal years 2013
through 2015, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 1, 2012
Mr. LoBiondo (for himself and Mr. Larsen of Washington) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
A BILL
To authorize appropriations for the Coast Guard for fiscal years 2013
through 2015, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
TITLE II--COAST GUARD
Sec. 201. Selection boards; oath of members.
Sec. 202. Special selection boards; correction of errors.
Sec. 203. Prohibition of certain involuntary administrative
separations.
Sec. 204. Annual report on Coast Guard unfunded priorities.
TITLE III--MISCELLANEOUS
Sec. 301. Technical corrections.
Sec. 302. Fishing vessel certification.
Sec. 303. Response Boat-Medium procurement.
Sec. 304. USCGC ``Polar Sea''.
TITLE I--AUTHORIZATION
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:
(1) For the operation and maintenance of the Coast Guard--
(A) $6,922,645,000 for fiscal year 2013;
(B) $7,021,036,000 for fiscal year 2014; and
(C) $7,078,327,000 for fiscal year 2015.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto--
(A) $1,505,312,000 for fiscal year 2013;
(B) $1,506,448,000 for fiscal year 2014; and
(C) $1,507,605,000 for fiscal year 2015;
to remain available until expended.
(3) For the Coast Guard Reserve program, including
personnel and training costs, equipment, and services--
(A) $138,111,000 for fiscal year 2013;
(B) $140,016,000 for fiscal year 2014; and
(C) $141,957,000 for fiscal year 2015.
(4) For environmental compliance and restoration of Coast
Guard vessels, aircraft, and facilities (other than parts and
equipment associated with operation and maintenance)--
(A) $16,699,000 for fiscal year 2013;
(B) $16,701,000 for fiscal year 2014; and
(C) $16,704,000 for fiscal year 2015;
to remain available until expended.
(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--
(A) $19,848,000 for fiscal year 2013;
(B) $19,890,000 for fiscal year 2014; and
(C) $19,933,000 for fiscal year 2015.
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.
(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:
(1) For recruit and special training, 2,500 student years.
(2) For flight training, 165 student years.
(3) For professional training in military and civilian
institutions, 350 student years.
(4) For officer acquisition, 1,200 student years.
TITLE II--COAST GUARD
SEC. 201. SELECTION BOARDS; OATH OF MEMBERS.
Section 254 of title 14, United States Code, is amended to read as
follows:
``Sec. 254. Selection boards; oath of members
``Each member of a selection board shall swear--
``(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; and
``(2) an oath in accordance with section 635.''.
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:
``Sec. 263. Special selection boards; correction of errors
``(a) Officers Not Considered Due to Administrative Error.--
``(1) In general.--If the Secretary determines that as the
result of an administrative error--
``(A) an officer or former officer was not
considered for selection for promotion by a selection
board convened under section 251; or
``(B) the name of an officer or former officer was
not placed on an all-fully-qualified-officers list;
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.
``(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.
``(b) Officers Considered but Not Selected; Material Error.--
``(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--
``(A) an action of the selection board that
considered the officer or former officer--
``(i) was contrary to law in a matter
material to the decision of the board; or
``(ii) involved material error of fact or
material administrative error; or
``(B) the selection board that considered the
officer or former officer did not have before it for
consideration material information.
``(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--
``(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; and
``(B) to incur no additional failure of selection
for promotion as a result of the action of the special
selection board.
``(c) Requirements for Special Selection Boards.--Each special
selection board convened under this section shall--
``(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;
``(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--
``(A) those officers of the same grade who were
recommended for promotion by such prior selection
board; and
``(B) those officers of the same grade who were not
recommended for promotion by such prior selection
board; and
``(3) submit to the Secretary a written report in a manner
consistent with sections 260 and 261.
``(d) Appointment of Officers Recommended for Promotion.--
``(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.
``(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.
``(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.
``(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.
``(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--
``(1) the claim has been referred to a special selection
board convened under this section and acted upon by that board;
or
``(2) the claim has been rejected by the Secretary without
consideration by a special selection board convened under this
section.
``(g) Judicial Review.--
``(1) In general.--A court of the United States may
review--
``(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; and
``(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.
``(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.
``(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.''.
(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,''.
(c) Failure of Selection for Promotion.--Section 262 of title 14,
United States Code, is amended to read as follows:
``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.''.
(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:
``263. Special selection boards; correction of errors.''.
(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.
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:
``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.
``(b) Reevaluation.--
``(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.
``(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.
``(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.''.
(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:
``427. Prohibition of certain involuntary administrative
separations.''.
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:
``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--
``(1) a capital investment plan for the Coast Guard that
identifies for each capital asset for which appropriations are
proposed in that budget--
``(A) the proposed appropriations included in that
budget;
``(B) the total estimated cost of completion;
``(C) projected funding levels for each fiscal year
for the next 5 fiscal years or until project
completion, whichever is earlier;
``(D) an estimated completion date at the projected
funding levels; and
``(E) an acquisition program baseline, as
applicable; and
``(2) a list of each unfunded priority for the Coast Guard.
``(b) Unfunded Priority Defined.--In this section, the term
`unfunded priority' means a program or mission requirement that--
``(1) has not been selected for funding in the applicable
proposed budget;
``(2) is necessary to fulfill a requirement associated with
an operational need; and
``(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.''.
(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:
``663. Submission of reports and plans to Congress.''.
(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.
TITLE III--MISCELLANEOUS
SEC. 301. TECHNICAL CORRECTIONS.
Title 14, United States Code, is amended--
(1) in section 259(c)(1) by striking ``After selecting''
and inserting ``In selecting'';
(2) in section 286a(d) by striking ``severance pay'' each
place it appears and inserting ``separation pay'';
(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'';
(4) in section 516(a) by striking ``of Homeland Security'';
(5) in section 666(a) by striking ``of Homeland Security''
and inserting ``of the department in which the Coast Guard is
operating'';
(6) in section 673(a)(3) by striking ``of Homeland Security
(when the Coast Guard is not operating as a service in the
Navy)'';
(7) in section 674 by striking ``of Homeland Security'';
(8) in section 675(a) by striking ``of Homeland Security'';
and
(9) in the first sentence of section 740(d) by striking
``that appointment'' and inserting ``that appointment to the
Reserve''.
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''.
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.
(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.
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--
(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;
(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; and
(3) a life cycle cost estimate with respect to operating
and maintaining the USCGC Polar Sea for the duration of its
extended service life.
(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).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Subcommittee on Coast Guard and Maritime Transportation Discharged.
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