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‘‘(1) IN
GENERAL.—If the Secretary determines 
that as the result of an administrative error— 
‘‘(A) an officer or former officer was not con-
sidered 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 pro-
motion. 
‘‘(b) OFFICERS CONSIDERED BUT NOT SELECTED; MA-
TERIAL ERROR.— 
‘‘(1) IN GENERAL.—In the case of an officer or 
former officer who was eligible for promotion, was con-
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sidered 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 con-
sidered the officer or former officer— 
‘‘(i) was contrary to law in a matter mate-
rial to the decision of the board; or 
‘‘(ii) involved material error of fact or ma-
terial administrative error; or 
‘‘(B) the selection board that considered the of-
ficer 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 com-
mander 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
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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 consid-
ered 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 selec-
tion board; and
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‘‘(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 con-
vened 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 of-
ficer been recommended for promotion by the selection 
board that should have considered or did consider the of-
ficer 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 rec-
ommendation 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 al-
lowances of that grade, and the same position on the ac-
tive 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 selec-
tion board that should have considered or did consider
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the officer or former officer prior to the consideration of 
the special selection board. 
‘‘(3) RECORD CORRECTION.—If the report of a spe-
cial selection board convened under this section, as ap-
proved by the President, recommends for promotion to 
the next higher grade an officer not eligible for pro-
motion 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 re-
move an injustice resulting from the officer or former of-
ficer not being selected for promotion by the selection 
board that should have considered or did consider the of-
ficer 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 jurisdic-
tion over any claim based in any way on the failure of an offi-
cer or former officer to be selected for promotion by a selec-
tion board convened under section 251, until—
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‘‘(1) the claim has been referred to a special selec-
tion 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 con-
vened 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 deter-
mine if the court finds that the decision of the Sec-
retary 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 re-
spect 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 Sec-
retary and the Secretary shall provide the applicable offi-
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cer or former officer consideration by a new special se-
lection 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 selec-
tion board so designated may function in the capacity of a 
selection board convened under section 251 and a special se-
lection 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 pro-
motion 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.’’.
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(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; RULE OF CONSTRUCTION.— 
(1) 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 selec-
tion 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. 
(2) RULE OF CONSTRUCTION.—Sections 271, 272, 
and 273 of title 14, United States Code, apply to the ac-
tivities of— 
(A) a selection board convened under section 
251 of such title; and 
(B) a special selection board convened under 
section 263 of such title. 
SEC. 209. PROHIBITION OF CERTAIN INVOLUNTARY ADMINIS-
TRATIVE SEPARATIONS. 
(a) IN GENERAL.—Chapter 11 of title 14, United States 
Code, as amended by this Act, is further amended by insert-
ing after section 426 the following:
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‘‘§ 427. Prohibition of certain involuntary administrative 
separations 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), the Secretary may not authorize the involuntary adminis-
trative separation of a covered individual based on a deter-
mination that the covered individual is unsuitable for deploy-
ment 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 in-
dividual 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
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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 sec-
tion 426 the following: 
‘‘427. Prohibition of certain involuntary administrative separations.’’. 
SEC. 210. MAJOR ACQUISITIONS. 
(a) IN GENERAL.—Subchapter I of chapter 15 of title 
14, United States Code, is amended by adding at the end the 
following: 
‘‘§ 569a. Major acquisitions 
‘‘(a) IN GENERAL.—In conjunction with the transmittal 
by the President to Congress of the budget of the United 
States for fiscal year 2014 and biennially thereafter, the Sec-
retary shall submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives a report on the status of all major acquisition 
programs. 
‘‘(b) INFORMATION TO BE INCLUDED.—Each report 
under subsection (a) shall include for each major acquisition 
program— 
‘‘(1) a statement of the Coast Guard’s mission 
needs and performance goals relating to such program,
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including a justification for any change to those needs 
and goals subsequent to a report previously submitted 
under this section; 
‘‘(2) a justification explaining how the projected 
number and capabilities of assets acquired under such 
program meet applicable mission needs and performance 
goals; 
‘‘(3) an identification of any and all mission hour 
gaps, accompanied by an explanation of how and when 
the Coast Guard will close those gaps; 
‘‘(4) an identification of any changes with respect 
to such program, including— 
‘‘(A) any changes to the timeline for the acqui-
sition of each new asset and the phaseout of legacy 
assets; and 
‘‘(B) any changes to— 
‘‘(i) the costs of new assets or legacy as-
sets for that fiscal year or future fiscal years; 
or 
‘‘(ii) the total acquisition cost; 
‘‘(5) a justification explaining how any change to 
such program fulfills the mission needs and performance 
goals of the Coast Guard; 
‘‘(6) a description of how the Coast Guard is plan-
ning for the integration of each new asset acquired
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under such program into the Coast Guard, including 
needs related to shore-based infrastructure and human 
resources; 
‘‘(7) an identification of how funds in the applicable 
fiscal year’s budget request will be allocated, including 
information on the purchase of specific assets; 
‘‘(8) a projection of the remaining operational life-
span and life-cycle cost of each legacy asset that also 
identifies any anticipated resource gaps; 
‘‘(9) a detailed explanation of how the costs of leg-
acy assets are being accounted for within such program; 
and 
‘‘(10) an annual performance comparison of new as-
sets to legacy assets. 
‘‘(c) ADEQUACY OF ACQUISITION WORKFORCE.—Each 
report under subsection (a) shall— 
‘‘(1) include information on the scope of the acqui-
sition activities to be performed in the next fiscal year 
and on the adequacy of the current acquisition workforce 
to meet that anticipated workload; 
‘‘(2) specify the number of officers, members, and 
employees of the Coast Guard currently and planned to 
be assigned to each position designated under section 
562(c) of this subchapter; and
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‘‘(3) identify positions that are or will be under-
staffed and actions that will be taken to correct such 
understaffing. 
‘‘(d) CUTTERS NOT MAINTAINED IN CLASS.—Each re-
port under subsection (a) shall identify which, if any, Coast 
Guard cutters that have been issued a certificate of classifica-
tion by the American Bureau of Shipping have not been 
maintained in class, with an explanation detailing the reasons 
why the cutters have not been maintained in class. 
‘‘(e) MAJOR ACQUISITION PROGRAM DEFINED.—In this 
section, the term ‘major acquisition program’ means an ongo-
ing acquisition undertaken by the Coast Guard with a life- 
cycle cost estimate greater than or equal to $300,000,000.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
15 of title 14, United States Code, is amended by inserting 
after the item relating to section 569 the following: 
‘‘569a. Major acquisitions.’’. 
(c) REPEALS.— 
(1) Section 408(a) of the Coast Guard and Mari-
time Transportation Act of 2006 (14 U.S.C. 663 note) 
is repealed. 
(2) Title 14, United States Code, is amended— 
(A) in section 562, by repealing subsection (e); 
and 
(B) in section 573(c)(3), by repealing subpara-
graph (B).
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SEC. 211. ADVANCE PROCUREMENT FUNDING. 
(a) IN GENERAL.—Subchapter II of chapter 15 of title 
14, United States Code, is amended by adding at the end the 
following: 
‘‘§ 577. Advance procurement funding 
‘‘(a) IN GENERAL.—With respect to any Coast Guard 
vessel for which amounts are appropriated and any amounts 
otherwise made available for vessels for the Coast Guard in 
any fiscal year, the Commandant of the Coast Guard may 
enter into a contract or place an order, in advance of a con-
tract or order for construction of a vessel, for— 
‘‘(1) materials, parts, components, and labor for the 
vessel; 
‘‘(2) the advance construction of parts or compo-
nents for the vessel; 
‘‘(3) protection and storage of materials, parts, or 
components for the vessel; and 
‘‘(4) production planning, design, and other related 
support services that reduce the overall procurement lead 
time of the vessel. 
‘‘(b) USE OF MATERIALS, PARTS, AND COMPONENTS 
MANUFACTURED IN THE UNITED STATES.—In entering into 
contracts and placing orders under subsection (a), the Com-
mandant may give priority to persons that manufacture ma-
terials, parts, and components in the United States.’’.
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(b) CLERICAL AMENDMENT.—The analysis for chapter 
15 of title 14, United States Code, as amended by this Act, 
is further amended by inserting after the item relating to sec-
tion 576 the following: 
‘‘577. Advance procurement funding.’’. 
SEC. 212. MINOR CONSTRUCTION. 
(a) IN GENERAL.—Section 656 of title 14, United 
States Code, is amended by adding at the end the following: 
‘‘(d) MINOR CONSTRUCTION AND IMPROVEMENT.— 
‘‘(1) IN
GENERAL.—Subject to the reporting re-
quirements set forth in paragraph (2), each fiscal year 
the Secretary may expend from amounts made available 
for the operating expenses of the Coast Guard not more 
than $1,500,000 for minor construction and improve-
ment projects at any location. 
‘‘(2) REPORTING REQUIREMENTS.—Not later than 
90 days after the end of each fiscal year, the Secretary 
shall submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives a report on each project undertaken during 
the course of the preceding fiscal year for which the 
amount 
expended 
under 
paragraph 
(1) 
exceeded 
$500,000.’’. 
(b) CLERICAL AMENDMENTS.—