14 U.S.C. § 912 — Air facility closures

Page 79 TITLE 14—COAST GUARD § 912 1 So in original. Probably should be followed by ‘‘; and’’. of Representatives Committee on Transportation and Infrastructure, describing the status of implementation of the standards described in subsection (b), including a list of the facilities at which such standards have or have not been implemented.’’ Statutory Notes and Related Subsidiaries PRESCRIPTION OF STANDARDS Pub. L. 107–295, title IV, § 405(b), Nov. 25, 2002, 116 Stat. 2116, provided that: ‘‘The Secretary shall pre- scribe the standards required under section 675(a) [prob- ably means section 676(a), now 911(a)] of title 14, United States Code, as enacted by subsection (a) of this sec- tion, before January 1, 2003.’’ § 912. Air facility closures (a) CLOSURES.— (1) IN GENERAL.—Beginning on January 1, 2018, the Secretary may not close a Coast Guard air facility, except as specified by this section. (2) DETERMINATIONS.—The Secretary may not propose closing or terminating operations at a Coast Guard air facility unless the Sec- retary determines that— (A) remaining search and rescue capabili- ties maintain the safety of the maritime public in the area of the air facility; (B) regional or local prevailing weather and marine conditions, including water tem- peratures or unusual tide and current condi- tions, do not require continued operation of the air facility; and (C) Coast Guard search and rescue stand- ards related to search and response times are met. (3) PUBLIC NOTICE AND COMMENT.— (A) IN GENERAL.—Prior to closing an air fa- cility, the Secretary shall provide opportu- nities for public comment, including the convening of public meetings in commu- nities in the area of responsibility of the air facility with regard to the proposed closure or cessation of operations at the air facility. (B) PUBLIC MEETINGS.—Prior to convening a public meeting under subparagraph (A), the Secretary shall notify each congres- sional office representing any portion of the area of responsibility of the air station that is the subject to such public meeting of the schedule and location of such public meet- ing. (4) NOTICE TO CONGRESS.—Prior to closure, cessation of operations, or any significant re- duction in personnel and use of a Coast Guard air facility that is in operation on or after De- cember 31, 2017, the Secretary shall— (A) submit to the Congress a proposal for such closure, cessation, or reduction in oper- ations along with the budget of the Presi- dent submitted to Congress under section 1105(a) of title 31 that includes— (i) a discussion of the determination made by the Secretary pursuant to para- graph (2); and (ii) a report summarizing the public comments received by the Secretary under paragraph (3) 1 (B) not later than 7 days after the date a proposal for an air facility is submitted pur- suant to subparagraph (A), provide written notice of such proposal to each of the fol- lowing: (i) Each member of the House of Rep- resentatives who represents a district in which the air facility is located. (ii) Each member of the Senate who rep- resents a State in which the air facility is located. (iii) Each member of the House of Rep- resentatives who represents a district in which assets of the air facility conduct search and rescue operations. (iv) Each member of the Senate who rep- resents a State in which assets of the air facility conduct search and rescue oper- ations. (v) The Committee on Appropriations of the House of Representatives. (vi) The Committee on Transportation and Infrastructure of the House of Rep- resentatives. (vii) The Committee on Appropriations of the Senate. (viii) The Committee on Commerce, Science, and Transportation of the Senate. (5) CONGRESSIONAL REVIEW.—The Secretary may not close, cease operations, or signifi- cantly reduce personnel and use of a Coast Guard air facility for which a written notice is provided under paragraph (4)(A) until a period of 18 months beginning on the date on which such notice is provided has elapsed. (b) OPERATIONAL FLEXIBILITY.—The Secretary may implement any reasonable management ef- ficiencies within the air station and air facility network, such as modifying the operational pos- ture of units or reallocating resources as nec- essary to ensure the safety of the maritime pub- lic nationwide. (Added Pub. L. 114–120, title II, § 208(a), Feb. 8, 2016, 130 Stat. 38, § 676a; amended Pub. L. 114–328, div. C, title XXXV, § 3503(a), Dec. 23, 2016, 130 Stat. 2775; renumbered § 912 and amended Pub. L. 115–282, title I, § 107(b), title III, § 319, Dec. 4, 2018, 132 Stat. 4205, 4252.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, § 107(b), renumbered section 676a of this title as this section. Subsec. (a). Pub. L. 115–282, § 319(1), (2), redesignated subsec. (b) as (a) and struck out former subsec. (a) which prohibited the Coast Guard from closing certain air facilities or retiring, transferring, relocating, or de- ploying an aviation asset for the purpose of closing such facilities. Subsec. (a)(3). Pub. L. 115–282, § 319(3)(A), amended par. (3) generally. Prior to amendment, text read as fol- lows: ‘‘Prior to closing an air facility, the Secretary shall provide opportunities for public comment, includ- ing the convening of public meetings in communities in the area of responsibility of the air facility with regard to the proposed closure or cessation of operations at the air facility.’’ Subsec. (a)(4). Pub. L. 115–282, § 319(3)(B)(i), sub- stituted ‘‘2017’’ for ‘‘2015’’ in introductory provisions. Subsec. (a)(4)(A). Pub. L. 115–282, § 319(3)(B)(ii), amended subpar. (A) generally. Prior to amendment, Page 80 TITLE 14—COAST GUARD § 913 subpar. (A) read as follows: ‘‘submit to the Congress a proposal for such closure, cessation, or reduction in op- erations along with the budget of the President sub- mitted to Congress under section 1105(a) of title 31 for the fiscal year in which the action will be carried out; and’’. Subsec. (a)(5). Pub. L. 115–282, § 319(3)(C), added par. (5). Subsecs. (b), (c). Pub. L. 115–282, § 319(2), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a). 2016—Subsec. (a)(2)(B). Pub. L. 114–328 substituted ‘‘Coast Guard Authorization Act of 2016’’ for ‘‘Coast Guard Authorization Act of 2015’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective as if included in the enactment of Pub. L. 114–120, see section 3503(e) of Pub. L. 114–328, set out as a note under section 315 of this title. § 913. Turnkey selection procedures (a) AUTHORITY TO USE.—The Secretary may use one-step turnkey selection procedures for the purpose of entering into contracts for con- struction projects. (b) DEFINITIONS.—In this section, the following definitions apply: (1) The term ‘‘one-step turnkey selection procedures’’ means procedures used for the se- lection of a contractor on the basis of price and other evaluation criteria to perform, in accordance with the provisions of a firm fixed- price contract, both the design and construc- tion of a facility using performance specifica- tions supplied by the Secretary. (2) The term ‘‘construction’’ includes the construction, procurement, development, con- version, or extension of any facility. (3) The term ‘‘facility’’ means a building, structure, or other improvement to real prop- erty. (Added Pub. L. 109–241, title II, § 205(a), July 11, 2006, 120 Stat. 521, § 677; renumbered § 913, Pub. L. 115–282, title I, § 107(b), Dec. 4, 2018, 132 Stat. 4205.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 677 of this title as this section. § 914. Disposition of infrastructure related to E–LORAN (a) IN GENERAL.—Notwithstanding any other provision of law, the Commandant may dis- mantle or dispose of any real or personal prop- erty under the administrative control of the Coast Guard and used for the LORAN–C system. (b) RESTRICTION.—No action described in sub- section (a) may be taken unless and until— (1) the Commandant notifies the Secretary of Transportation and the Secretary of De- fense in writing of the proposed dismantling or disposal of a LORAN–C system; and (2) a period of 90 calendar days expires fol- lowing the day on which the notice has been submitted. (c) RECEIPT OF NOTIFICATION.—If, not later than 90 calendar days of receipt of the written notification under subsection (b), the Secretary of Transportation or the Secretary of Defense notifies the Commandant, in writing, of a deter- mination under section 312(d) of title 49 that the property is required to provide a positioning, navigation, and timing system to provide redun- dant capability in the event the Global Posi- tioning System signals are disrupted, the Com- mandant shall transfer the property to the De- partment of Transportation without any consid- eration. (d) NOTIFICATION EXPIRATION.—If, at the end of the 90 calendar day period no notification under subsection (b) has been received, the Com- mandant shall notify the Committee on Trans- portation and Infrastructure and the Committee on Appropriations in the House of Representa- tives and the Committee on Commerce, Science, and Transportation and the Committee on Ap- propriations of the Senate that the period in subsection (b)(2) has expired, and may proceed with the dismantling and disposal of the per- sonal property, and disposing of the real prop- erty in accordance with section 2945 of this title. (e) EXCEPTION.—The prohibition on actions in subsection (b) does not apply to actions nec- essary for the safety of human life. (Added Pub. L. 114–120, title VI, § 610(a)(1), Feb. 8, 2016, 130 Stat. 83, § 681; renumbered § 914, Pub. L. 115–282, title I, § 107(b), Dec. 4, 2018, 132 Stat. 4205; amended Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8216, Jan. 1, 2021, 134 Stat. 4653; Pub. L. 117–263, div. K, title CXII, § 11211, Dec. 23, 2022, 136 Stat. 4012.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–263 amended section generally. Prior to amendment, section related to disposition of infra- structure related to E–LORAN and comprised of sub- secs. (a) to (c). 2021—Subsec. (a). Pub. L. 116–283, § 8216(1), substituted ‘‘later of the date of the conveyance of the properties directed under section 533(a) of the Coast Guard Au- thorization Act of 2016 (Public Law 114–120) or the date’’ for ‘‘date’’. Subsec. (c)(2). Pub. L. 116–283, § 8216(2), added par. (2) and struck out former par. (2) which related to avail- ability of proceeds. 2018—Pub. L. 115–282 renumbered section 681 of this title, relating to disposition of infrastructure related to E–LORAN, as this section. SUBCHAPTER II—MISCELLANEOUS Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, title I, § 107(c)(2), Dec. 4, 2018, 132 Stat. 4207, inserted subchapter II designation and head- ing. § 931. Oaths required for boards The members of a retiring board, selection board, examining board, and any other board au- thorized to be assembled pursuant to this title shall be sworn to discharge their duties honestly and impartially, the oath to be administered to the members by the President or other presiding officer of the board, and to him by the junior member or recorder.