I 
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 Representa-
tives 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. 
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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, rebuild-
ing, and improvement of aids to navigation, shore 
and offshore facilities, vessels, and aircraft, includ-
ing 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; 
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to remain available until expended. 
(3) For the Coast Guard Reserve program, in-
cluding 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 restora-
tion of Coast Guard vessels, aircraft, and facilities 
(other than parts and equipment associated with op-
eration 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 tech-
nologies, materials, and human factors directly re-
lated to improving the performance of the Coast 
Guard’s mission with respect to search and rescue, 
aids to navigation, marine safety, marine environ-
mental protection, enforcement of laws and treaties, 
ice operations, oceanographic research, and defense 
readiness— 
(A) $19,848,000 for fiscal year 2013; 
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(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 per-
sonnel of 47,000 for each of fiscal years 2013 through 
2015. 
(b) MILITARY TRAINING STUDENT LOADS.—The 
Coast Guard is authorized average military training stu-
dent loads for each of fiscal years 2013 through 2015 as 
follows: 
(1) For recruit and special training, 2,500 stu-
dent years. 
(2) For flight training, 165 student years. 
(3) For professional training in military and ci-
vilian 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: 
‘‘§ 254. Selection boards; oath of members 
‘‘Each member of a selection board shall swear— 
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‘‘(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: 
‘‘§ 263. Special selection boards; correction of errors 
‘‘(a) OFFICERS NOT CONSIDERED DUE TO ADMINIS-
TRATIVE 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 se-
lection board convened under section 251; or 
‘‘(B) the name of an officer or former offi-
cer was not placed on an all-fully-qualified-offi-
cers list; 
the Secretary shall convene a special selection board 
to determine whether such officer or former officer 
should be recommended for promotion and such offi-
cer or former officer shall not be considered to have 
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failed of selection for promotion prior to the consid-
eration 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 pro-
motion an officer or former officer, whose grade is 
below the grade of captain and whose name was re-
ferred 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 se-
lected for promotion by that board, the Secretary 
may convene a special selection board to determine 
whether the officer or former officer should be rec-
ommended for promotion, if the Secretary deter-
mines 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 
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‘‘(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 pro-
motion 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 pro-
motion with respect to the board that consid-
ered the officer or former officer prior to the 
consideration of the special selection board; and 
‘‘(B) to incur no additional failure of selec-
tion 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; 
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‘‘(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 selec-
tion 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 ac-
cordance 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 
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promotion by the selection board that should have 
considered or did consider the officer or former offi-
cer 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 con-
vened under this section shall have, upon such pro-
motion, 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 spe-
cial selection board. 
‘‘(3) RECORD CORRECTION.—If the report of a 
special selection board convened under this section, 
as approved by the President, recommends for pro-
motion to the next higher grade an officer not eligi-
ble for promotion or a former officer whose name 
was referred to the board for consideration, the Sec-
retary may act under section 1552 of title 10 to cor-
rect the military record of the officer or former offi-
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cer to correct an error or remove an injustice result-
ing from the officer or former officer not being se-
lected for promotion by the selection board that 
should have considered or did consider the officer or 
former officer prior to the consideration of the spe-
cial selection board. 
‘‘(e) APPLICATION PROCESS AND TIME LIMITS.— 
The Secretary shall issue regulations regarding the proc-
ess 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 of-
ficial 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 se-
lection board convened under this section and acted 
upon by that board; or 
‘‘(2) the claim has been rejected by the Sec-
retary without consideration by a special selection 
board convened under this section. 
‘‘(g) JUDICIAL REVIEW.— 
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‘‘(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 sec-
tion to determine if the court finds that the de-
cision of the Secretary was arbitrary or capri-
cious, not based on substantial evidence, or oth-
erwise 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 capac-
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ity of a selection board convened under section 251 and 
a special selection board convened under this section.’’. 
(b) SELECTION
BOARDS; SUBMISSION
OF
RE-
PORTS.—Section 261(d) of title 14, United States Code, 
is amended by striking ‘‘selection board’’ and inserting 
‘‘selection board, including a special selection board con-
vened under section 263,’’. 
(c) FAILURE OF SELECTION FOR PROMOTION.—Sec-
tion 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 chap-
ter 11 of title 14, United States Code, is amended by in-
serting 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 
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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 ADMIN-
ISTRATIVE 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 administra-
tive separations 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), the Secretary may not authorize the involuntary ad-
ministrative separation of a covered individual based on 
a determination that the covered individual is unsuitable 
for deployment or other assignment due to a medical con-
dition of the covered individual considered by a Physical 
Evaluation Board during an evaluation of the covered in-
dividual that resulted in the covered individual being de-
termined to be fit for duty. 
‘‘(b) REEVALUATION.— 
‘‘(1) IN GENERAL.—The Secretary may require 
a Physical Evaluation Board to reevaluate any cov-
ered individual if the Secretary determines there is 
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reason to believe that a medical condition of the cov-
ered individual considered by a Physical Evaluation 
Board during an evaluation of the covered individual 
renders the covered individual unsuitable for contin-
ued duty. 
‘‘(2) RETIREMENTS AND SEPARATIONS.—A cov-
ered individual who is determined, based on a re-
evaluation under paragraph (1), to be unfit to per-
form 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 sec-
tion, 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 chap-
ter 11 of title 14, United States Code, as amended by this 
Act, is further amended by inserting after the item relat-
ing 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: 
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‘‘§ 663. Submission of reports and plans to Congress 
‘‘(a) IN GENERAL.—On the date on which the Presi-
dent 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 Com-
merce, 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 comple-
tion; 
‘‘(C) projected funding levels for each fis-
cal 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 sec-
tion, the term ‘unfunded priority’ means a program or 
mission requirement that— 
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‘‘(1) has not been selected for funding in the 
applicable proposed budget; 
‘‘(2) is necessary to fulfill a requirement associ-
ated with an operational need; and 
‘‘(3) 
the 
Commandant 
would 
have 
rec-
ommended 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 chap-
ter 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 se-
lecting’’ and inserting ‘‘In selecting’’; 
(2) in section 286a(d) by striking ‘‘severance 
pay’’ each place it appears and inserting ‘‘separation 
pay’’; 
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(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 Home-
land Security (when the Coast Guard is not oper-
ating as a service in the Navy)’’; 
(7) in section 674 by striking ‘‘of Homeland Se-
curity’’; 
(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 ap-
pointment 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’’. 
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SEC. 303. RESPONSE BOAT-MEDIUM PROCUREMENT. 
(a) REQUIREMENT TO FULFILL APPROVED PRO-
GRAM 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 ap-
proved 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 depart-
ment 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 
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the USCGC Polar Sea until the estimated date on which 
a new polar-class icebreaker is commissioned. The Sec-
retary 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 ful-
filling the Coast Guard’s high latitude operating re-
quirements; 
(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 com-
parable to the condition of the USCGC Polar Star 
when it enters service in 2013; and 
(3) a life cycle cost estimate with respect to op-
erating 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). 
Æ 
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