< Back to H.R. 5887 (112th Congress, 2011–2013)

Text of the Coast Guard and Maritime Transportation Act of 2012

This bill was introduced on June 7, 2012, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jun 1, 2012 (Introduced).

Source: GPO

I

112th CONGRESS

2d Session

H. R. 5887

IN THE HOUSE OF REPRESENTATIVES

June 1, 2012

(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.

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.

I

Authorization

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.

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.

II

Coast Guard

201.

Selection boards; oath of members

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

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.

.

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:

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:

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.

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:

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.

.

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:

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.

III

Miscellaneous

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.

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”.

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.

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).