II 

113TH CONGRESS 

2D SESSION S. 2131 

To amend the statutory authorities of the Coast Guard to strengthen Coast 

Guard prevention and response capabilities in the Arctic, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 13, 2014 

Mr. BEGICH (for himself and Ms. CANTWELL) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To amend the statutory authorities of the Coast Guard to 

strengthen Coast Guard prevention and response capabilities in the Arctic, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Coast Guard Arctic Preparedness Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Secretary defined. 


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TITLE I—PREVENTION 

Sec. 101. Clarification of Coast Guard ice operations mission. 

Sec. 102. Reactivation of Polar Sea. 

Sec. 103. Competitive bidding in heavy polar icebreaker design and construction. 

Sec. 104. Vessel requirements for notices of arrival and departure and automatic identification system. 

Sec. 105. Improved safety information for vessels. 

Sec. 106. Recovery of travel and subsistence costs for prevention services. 

TITLE II—PREPAREDNESS AND RESPONSE 

Sec. 201. Commandant; appointment. 

Sec. 202. Active duty for emergency augmentation of regular forces. 

Sec. 203. Acquisition workforce expedited hiring authority. 

Sec. 204. Transmission of annual Coast Guard authorization request. 

Sec. 205. Interagency Arctic fusion center. 

Sec. 206. Enhanced national response capability. 

Sec. 207. Forward operating facilities. 

Sec. 208. Prompt intergovernmental notice of marine casualties. 

Sec. 209. Prompt publication of oil spill information. 

Sec. 210. Coast Guard centers of expertise. 

Sec. 211. Research, development, testing, and evaluation. 

Sec. 212. Area contingency plans. 

Sec. 213. Coast Guard response plan requirements. 

Sec. 214. Protection and fair treatment of seafarers. 

TITLE III—MISCELLANEOUS 

Sec. 301. Waiver. 

Sec. 302. Transportation of oil from Arctic outer continental shelf lands. 

Sec. 303. Lease of tidelands and submerged lands under control of the Coast 

Guard. 

Sec. 304. Inflationary adjustment for regional citizens’ advisory council. 

Sec. 305. Coast Guard cutters classification by the American Bureau of Shipping. 

Sec. 306. Updates to fines and penalties. 

Sec. 307. Technical amendment; Coast Guard Academy charges and fees for attendance. 

1 SEC. 2. SECRETARY DEFINED. 

2 In this Act, except as otherwise specifically provided, 

3 the term ‘‘Secretary’’ means the Secretary of the depart4 ment in which the Coast Guard is operating. 


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1 TITLE I—PREVENTION 

2 SEC. 101. CLARIFICATION OF COAST GUARD ICE OPER3 ATIONS MISSION. 

4 (a) COAST GUARD PROVISION OF FEDERAL

5 ICEBREAKING SERVICES.—Chapter 5 of title 14, United 

6 States Code, is amended by inserting after section 86 the 

7 following: 

8 ‘‘§ 87. Provision of icebreaking services 

9 ‘‘(a) IN GENERAL.—Notwithstanding any other pro10 vision of law, except as provided in subsection (b), the 

11 Coast Guard shall be the sole supplier of icebreaking serv12 ices, on an advance payment or reimbursable basis, to 

13 each Federal agency that requires icebreaking services. 

14 ‘‘(b) EXCEPTION.—In the event that a Federal agen15 cy requires icebreaking services and the Coast Guard is 

16 unable to provide the services, the Federal agency may 

17 acquire icebreaking services from another entity.’’. 

18 (b) PRIORITY OF COAST GUARD MISSIONS IN POLAR

19 REGIONS.— 

20 (1) SECTION 110.—Section 110(b)(2) of the 

21 Arctic Research and Policy Act of 1984 (15 U.S.C. 

22 4109(b)(2)) is amended— 

23 (A) by inserting ‘‘to execute the statutory 

24 missions of the Coast Guard and’’ after ‘‘need25 ed’’; and 


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1 (B) by inserting ‘‘and all budget authority 

2 related to such operations’’ after ‘‘projects,’’. 

3 (2) SECTION 312.—Section 312(c) of the Ant4 arctic Marine Living Resources Convention Act of 

5 1984 (16 U.S.C. 2441(c)) is amended by inserting 

6 ‘‘to execute the statutory missions of the Coast 

7 Guard and’’ after ‘‘needed’’. 

8 (c) CONFORMING AMENDMENT.—The table of con9 tents for chapter 5 of title 14, United States Code, is 

10 amended by inserting after the item relating to section 86 

11 the following: 

‘‘87. Provision of icebreaking services.’’. 

12 SEC. 102. REACTIVATION OF POLAR SEA. 

13 (a) IN GENERAL.—Section 222 of the Coast Guard 

14 and Maritime Transportation Act of 2012 (126 Stat. 

15 1560), is amended— 

16 (1) by amending subsection (d) to read as fol17 lows: 

18 ‘‘(d) REACTIVATION OF POLAR SEA.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall— 

20 ‘‘(A) develop a service life extension plan 

21 for the reactivation of the Polar Sea, including 

22 a timetable for that reactivation; and 

23 ‘‘(B) initiate reactivating and extending 

24 the service life of the Polar Sea for 7 to 10 


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1 years, in accordance with the service life exten2 sion plan under subparagraph (A). 

3 ‘‘(2) UTILIZATION OF EXISTING RESOURCES.— 

4 In the development of the service life extension plan 

5 under paragraph (1)(A), the Secretary shall utilize 

6 to the greatest extent practicable recent plans, stud7 ies, assessments, and analyses regarding the Coast 

8 Guard’s icebreakers and high latitude mission needs 

9 and operating requirements. 

10 ‘‘(3) SUBMISSION.—The Secretary shall submit 

11 the service life extension plan under paragraph 

12 (1)(A) to the Committee on Commerce, Science, and 

13 Transportation of the Senate and the Committee on 

14 Transportation and Infrastructure of the House of 

15 Representatives not later than 30 days after the 

16 date of its completion.’’; and 

17 (2) in subsection (e)— 

18 (A) by striking ‘‘Except as provided in 

19 subsection (d), the’’ and inserting ‘‘The’’; and 

20 (B) in paragraph (1), by inserting ‘‘unless 

21 it is necessary for purposes of the service life 

22 extension plan under subsection (d),’’ before 

23 ‘‘transfer’’. 

24 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated for fiscal year 2015 to the 


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1 Secretary of the department in which the Coast Guard is 

2 operating such sums as may be necessary to reactivate and 

3 extend the service life of the Coast Guard Cutter Polar 

4 Sea (WAGB 11) for 7 to 10 years. 

5 SEC. 103. COMPETITIVE BIDDING IN HEAVY POLAR ICE6 BREAKER DESIGN AND CONSTRUCTION. 

7 Notwithstanding the requirement of section 3316(a) 

8 of title 46, United States Code regarding classification 

9 services for vessels owned by the United States Govern10 ment, the Commandant of the Coast Guard, consistent 

11 with the requirements of chapter 15 of title 14, United 

12 States Code, and other applicable Federal law, as a part 

13 of any project or program established for the acquisition 

14 of 1 or more new heavy polar icebreakers for the Coast 

15 Guard, may solicit bids and proposals and enter into con16 tracts that include the provision of classification services 

17 by any classification society to which the Secretary has 

18 delegated the authority to provide those services for ves19 sels not owned by the United States Government. 

20 SEC. 104. VESSEL REQUIREMENTS FOR NOTICES OF AR21 RIVAL AND DEPARTURE AND AUTOMATIC 

22 IDENTIFICATION SYSTEM. 

23 (a) IN GENERAL.—Not later than 180 days after the 

24 date of enactment of this Act, the Secretary shall publish 

25 a final rule implementing the proposed rule ‘‘Vessel ReVerDate Mar 15 2010 01:27 Mar 19, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2131.IS S2131

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1 quirements for Notices of Arrival and Departure, and 

2 Automatic Identification System’’ (73 Fed. Reg. 76295). 

3 (b) RULE OF CONSTRUCTION.—The Secretary shall 

4 ensure, with respect to a final rule issued under subsection 

5 (a), that any notice of arrival or notice of departure re6 quirement in the final rule applies to vessels in a manner 

7 consistent with the regulations promulgated under section 

8 109(a) of the Security and Accountability for Every Port 

9 Act of 2006 (33 U.S.C. 1223 note) and with section 704 

10 of the Coast Guard and Maritime Transportation Act of 

11 2012 (126 Stat. 1580). 

12 SEC. 105. IMPROVED SAFETY INFORMATION FOR VESSELS. 

13 Not later than 1 year after the date of enactment 

14 of this Act, the Secretary shall establish a permitting proc15 ess by which an operator of a marine exchange or other 

16 non-Federal vessel traffic information service may apply 

17 for permission to use the automatic identification system 

18 to transmit weather, ice, and other important navigation 

19 safety information to vessels. 

20 SEC. 106. RECOVERY OF TRAVEL AND SUBSISTENCE COSTS 

21 FOR PREVENTION SERVICES. 

22 (a) TITLE 46, UNITED STATES CODE.—Section 2110 

23 of title 46, United States Code, is amended— 

24 (1) in subsection (c), by inserting ‘‘appropriate 

25 travel and subsistence costs incurred providing a 


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1 service or thing of value under this subtitle and’’ 

2 after ‘‘recover’’; and 

3 (2) in subsection (d), by inserting at the end 

4 the following: 

5 ‘‘(3) Amounts received as reimbursement for 

6 appropriate travel and subsistence costs incurred 

7 providing a service or thing of value under this sec8 tion may be credited to the account from which ex9 pended. 

10 ‘‘(4) Reimbursement for services provided under 

11 this section may include in kind reimbursement for 

12 transportation, travel, and subsistence.’’. 

13 (b) TITLE 14, UNITED STATES CODE.—Section 664 

14 of title 14, United States Code, is amended— 

15 (1) in subsection (c), by inserting ‘‘appropriate 

16 travel and subsistence costs incurred by the Coast 

17 Guard in providing a service or thing of value,’’ after 

18 ‘‘for the fee or charge the’’; 

19 (2) in subsection (e), by inserting ‘‘and, as ap20 propriate, for travel and subsistence costs incurred 

21 when providing a service or thing of value’’ after 

22 ‘‘charge’’; and 

23 (3) by adding at the end the following: 


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1 ‘‘(h) Reimbursement for services provided by the 

2 Coast Guard may include in-kind reimbursement for 

3 transportation, travel, and subsistence.’’. 

4 TITLE II—PREPAREDNESS AND 

5 RESPONSE 

6 SEC. 201. COMMANDANT; APPOINTMENT. 

7 Section 44 of title 14, United States Code, is amend8 ed by inserting after the first sentence the following: ‘‘The 

9 term of an appointment, and any reappointment, shall 

10 begin on June 1 of the current year and end four years 

11 later on May 31, except that, in the event of death, retire12 ment, resignation, or reassignment, or when the needs of 

13 the Service demand, the Secretary may alter the date on 

14 which the term begins or ends.’’. 

15 SEC. 202. ACTIVE DUTY FOR EMERGENCY AUGMENTATION 

16 OF REGULAR FORCES. 

17 Section 712(a) of title 14, United States Code, is 

18 amended— 

19 (1) by striking ‘‘another’’ and inserting ‘‘any 

20 other’’; 

21 (2) by striking ‘‘prevention of’’ and inserting 

22 ‘‘prevention of—’’; 

23 (3) by inserting ‘‘(1)’’ before ‘‘an imminent’’ 

24 and indenting accordingly; 


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1 (4) in paragraph (1), as redesignated, by strik2 ing ‘‘unit.’’ and inserting ‘‘unit; and’’; and 

3 (5) by inserting at the end the following: 

4 ‘‘(2) a major disaster or emergency (as defined 

5 in section 102 of the Robert T. Stafford Disaster 

6 Relief and Emergency Assistance Act (42 U.S.C. 

7 5122)), or a discharge (as defined in section 311(a) 

8 of the Federal Water Pollution Control Act (33 

9 U.S.C. 1321(a))) that the Commandant has classi10 fied as a spill of national significance under the Na11 tional Oil and Hazardous Substances Pollution Con12 tingency Plan (part 300 of title 40, Code of Federal 

13 Regulations), the Secretary may, without the con14 sent of the member affected, order to active duty for 

15 a continuous period of not more than 120 days an 

16 organized training unit of the Coast Guard Ready 

17 Reserve, a member thereof, or a member not as18 signed to a unit organized to serve as a unit.’’. 

19 SEC. 203. ACQUISITION WORKFORCE EXPEDITED HIRING 

20 AUTHORITY. 

21 Section 404(b) of the Coast Guard Authorization Act 

22 of 2010 (124 Stat. 2951), as amended by section 218 of 

23 the Coast Guard and Maritime Transportation Act of 

24 2012 (126 Stat. 1558), is amended by striking ‘‘2015’’ 

25 and inserting ‘‘2017’’. 


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1 SEC. 204. TRANSMISSION OF ANNUAL COAST GUARD AU2 THORIZATION REQUEST. 

3 (a) IN GENERAL.—Title 14, United States Code, is 

4 amended by inserting after section 662 the following: 

5 ‘‘§ 662a. Transmission of annual Coast Guard author6 ization request 

7 ‘‘(a) IN GENERAL.—Not later than 30 days after the 

8 date on which the President submits to Congress a budget 

9 request for a fiscal year pursuant to section 1105 of title 

10 31, the Secretary shall submit to the Committee on Com11 merce, Science, and Transportation of the Senate and the 

12 Committee on Transportation and Infrastructure of the 

13 House of Representatives a Coast Guard authorization re14 quest with respect to that fiscal year. 

15 ‘‘(b) COAST GUARD AUTHORIZATION REQUEST DE16 FINED.—In this section, the term ‘Coast Guard authoriza17 tion request’ means proposed legislation that, with respect 

18 to the Coast Guard for the relevant fiscal year, includes— 

19 ‘‘(1) recommended end-of-year strengths for ac20 tive duty personnel and military training student 

21 loads for that fiscal year, as described in section 

22 661; 

23 ‘‘(2) recommended authorizations of appropria24 tions for that fiscal year, including with respect to 

25 matters described in section 662; and 


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1 ‘‘(3) any other matter the Secretary considers 

2 appropriate for inclusion in a Coast Guard author3 ization bill.’’. 

4 (b) CONFORMING AMENDMENT.—The table of con5 tents for chapter 17 of title 14, United States Code, is 

6 amended by inserting after the item relating to section 

7 662 the following: 

‘‘662a. Transmission of annual Coast Guard authorization request.’’. 

8 SEC. 205. INTERAGENCY ARCTIC FUSION CENTER. 

9 (a) IN GENERAL.—Chapter 7 of title 14, United 

10 States Code, is amended by adding at the end the fol11 lowing: 

12 ‘‘§ 154. Interagency Arctic fusion center 

13 ‘‘(a) ESTABLISHMENT.— 

14 ‘‘(1) IN GENERAL.—The Secretary is authorized 

15 to establish an interagency Arctic fusion center (re16 ferred to in this section as the ‘Center’). The Com17 mandant shall operate the Center. 

18 ‘‘(2) PURPOSE.—The purpose of the Center 

19 shall be to improve maritime domain awareness in 

20 the Arctic— 

21 ‘‘(A) by promoting interagency cooperation 

22 and coordination; 

23 ‘‘(B) by employing joint, interagency, and 

24 international capabilities; and 


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1 ‘‘(C) by facilitating the sharing of informa2 tion, intelligence, and data related to the Arctic 

3 maritime domain between the participating 

4 agencies and departments under paragraph (3). 

5 ‘‘(3) PARTICIPATING AGENCIES AND DEPART6 MENTS.—The Center shall coordinate the participa7 tion by and sharing of information, intelligence, and 

8 data related to the Arctic maritime domain between 

9 the following: 

10 ‘‘(A) the Department of Homeland Secu11 rity; 

12 ‘‘(B) the Department of Defense; 

13 ‘‘(C) the Department of Transportation; 

14 ‘‘(D) the Department of State; 

15 ‘‘(E) the Department of the Interior; 

16 ‘‘(F) the National Aeronautics and Space 

17 Administration; 

18 ‘‘(G) the National Oceanic and Atmos19 pheric Administration; 

20 ‘‘(H) the Environmental Protection Agen21 cy; and 

22 ‘‘(I) the National Science Foundation. 

23 ‘‘(b) ORGANIZATION.— 


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1 ‘‘(1) STAFFING AND OTHER RESOURCES.—The 

2 Secretary and the head of an agency or department 

3 under subsection (a)(3) may— 

4 ‘‘(A) by agreement, on a reimbursable 

5 basis or otherwise, provide permanent represen6 tation to the Center; 

7 ‘‘(B) by agreement, on a reimbursable 

8 basis or otherwise, share personnel, services, 

9 equipment (including aircraft and vessels), and 

10 facilities with the Center for the purpose under 

11 subsection (a)(2); and 

12 ‘‘(C) to the extent possible, and consistent 

13 with applicable law, extend the authorities pro14 vided under their enabling statutes to the other 

15 participating departments and agencies in fur16 therance of the purpose under subsection 

17 (a)(2). 

18 ‘‘(2) BUDGET.—The Secretary and the head of 

19 each participating agency and department under 

20 subsection (a)(3), at their discretion, may develop 

21 interagency plans and budgets and engage in inter22 agency financing to establish and maintain the Cen23 ter. 

24 ‘‘(c) INFORMATION SHARING.— 


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1 ‘‘(1) IN GENERAL.—The Secretary and the 

2 head of each participating agency and department 

3 under subsection (a)(3), to the maximum extent per4 missible under law, shall share through the Center 

5 all applicable information, intelligence, and data re6 lated to maritime domain awareness in the Arctic. 

7 ‘‘(2) COLLECTION AND USE.—Subject to appli8 cable confidentiality and privacy laws, the Secretary, 

9 through the Center, shall oversee and coordinate the 

10 collection, storage, analysis, and use of all applicable 

11 information, intelligence, and data shared under 

12 paragraph (1). 

13 ‘‘(d) 5-YEAR STRATEGIC PLAN.—Not later than 180 

14 days after the date that the Center is established under 

15 subsection (a), the Secretary shall develop a 5-year stra16 tegic plan to guide interagency and international intergov17 ernmental cooperation and coordination for the purpose 

18 of improving maritime domain awareness in the Arctic. 

19 The Secretary shall update the plan at least once every 

20 5 years thereafter. 

21 ‘‘(e) DEFINITIONS.—In this section— 

22 ‘‘(1) ARCTIC.—The term ‘Arctic’ has the mean23 ing given the term in section 112 of the Arctic Re24 search and Policy Act of 1984 (15 U.S.C. 4111). 


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1 ‘‘(2) MARITIME DOMAIN AWARENESS.—The 

2 term ‘maritime domain awareness’ means the effec3 tive understanding of anything associated with the 

4 maritime domain that could impact the safety, secu5 rity, economy, or environment of the United 

6 States.’’. 

7 (b) CONFORMING AMENDMENT.—The table of con8 tents for chapter 7 of title 14, United States Code, is 

9 amended by inserting after the item relating to section 

10 153 the following: 

‘‘154. Interagency Arctic fusion center.’’. 

11 SEC. 206. ENHANCED NATIONAL RESPONSE CAPABILITY. 

12 (a) IN GENERAL.—Section 311 of the Federal Water 

13 Pollution Control Act (33 U.S.C. 1321) is amended— 

14 (1) in subsection (a)(23)— 

15 (A) by striking ‘‘Unit’’ each place it ap16 pears and inserting ‘‘Functions’’; and 

17 (B) by striking ‘‘established’’ and inserting 

18 ‘‘maintained’’; 

19 (2) in subsection (j)(2), by striking ‘‘NATIONAL

20 RESPONSE UNIT’’ through ‘‘acting through the Na21 tional Response Unit’’ and inserting the following: 

22 ‘‘NATIONAL RESPONSE FUNCTIONS.—The Sec23 retary of the department in which the Coast Guard 

24 is operating—’’; and 


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1 (3) in subsection (j)(4)(C)(vi), by striking ‘‘, 

2 and into operating procedures of the National Re3 sponse Unit’’. 

4 (b) CONFORMING AMENDMENT.—Section 4202(b) of 

5 the Oil Pollution Act of 1990 (33 U.S.C. 1321 note) is 

6 amended— 

7 (1) by striking paragraph (2); and 

8 (2) by redesignating paragraphs (3) and (4) as 

9 paragraphs (2) and (3), respectively. 

10 SEC. 207. FORWARD OPERATING FACILITIES. 

11 The Secretary is authorized to construct or lease 

12 hangar, berthing, and messing facilities in the Arctic Re13 gion and Bering Sea-Aleutian Islands operating area. The 

14 facilities shall— 

15 (1) support aircraft maintenance, including ex16 haust ventilation, heat, engine wash system, head fa17 cilities, fuel, ground support services, and electrical 

18 power; 

19 (2) provide shelter for both current helicopter 

20 assets and those projected to be located at Air Sta21 tion Kodiak, Alaska, for at least 20 years; and 

22 (3) provide berthing and messing facilities for 

23 maintenance and aircrew personnel. 


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1 SEC. 208. PROMPT INTERGOVERNMENTAL NOTICE OF MA2 RINE CASUALTIES. 

3 Section 6101 of title 46, United States Code, is 

4 amended by inserting after subsection (b) the following: 

5 ‘‘(c) NOTICE TO STATE AND TRIBAL GOVERN6 MENTS.— 

7 ‘‘(1) REQUIREMENT TO NOTIFY.—Not later 

8 than 1 hour after receiving a report of a marine cas9 ualty under this section, the Secretary shall forward 

10 the report to the designated official of— 

11 ‘‘(A) each appropriate State agency of a 

12 State; and 

13 ‘‘(B) each tribal government of an Indian 

14 tribe (as defined in section 102 of the Federally 

15 Recognized Indian Tribe List Act of 1994 (25 

16 U.S.C. 479a)) that has jurisdiction concurrent 

17 with the United States or is adjacent to waters 

18 in which the marine casualty occurred. 

19 ‘‘(2) DESIGNATED OFFICIAL.—Each State and 

20 tribal government referred to in paragraph (1) shall 

21 identify for the Secretary the designated official to 

22 receive a report under paragraph (1).’’. 

23 SEC. 209. PROMPT PUBLICATION OF OIL SPILL INFORMA24 TION. 

25 (a) IN GENERAL.—In any response to an oil spill in 

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1 ordinator leading a unified command, the Commandant of 

2 the Coast Guard shall publish, on a publicly accessible 

3 website, all written incident action plans prepared and ap4 proved as a part of the response to the oil spill. 

5 (b) TIMELINESS AND DURATION.—The Commandant 

6 of the Coast Guard shall— 

7 (1) publish each incident action plan under sub8 section (a) promptly after the incident action plan is 

9 approved for implementation by the unified com10 mand, but not later than 12 hours after the begin11 ning of the operational period for which the plan is 

12 prepared; and 

13 (2) ensure that each incident action plan under 

14 subsection (a) remains publicly accessible on the 

15 website under subsection (a) for the duration of the 

16 response to the applicable oil spill. 

17 (c) REDACTION OF PERSONAL INFORMATION.—The 

18 Commandant may redact information from an incident ac19 tion plans published under subsection (a) to the extent 

20 necessary to comply with applicable privacy laws and other 

21 laws regarding the protection of personal information. 

22 SEC. 210. COAST GUARD CENTERS OF EXPERTISE. 

23 Section 58(b) of title 14, United States Code, is 

24 amended to read as follows: 

25 ‘‘(b) MISSIONS.—A center shall— 


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1 ‘‘(1) promote, facilitate, and conduct education, 

2 training, and research programs; 

3 ‘‘(2) develop and maintain a repository of infor4 mation on operations, practices, and resources; and 

5 ‘‘(3) perform and support any mission of the 

6 Coast Guard that the Commandant may specify.’’. 

7 SEC. 211. RESEARCH, DEVELOPMENT, TESTING, AND EVAL8 UATION. 

9 Section 93 of title 14, United States Code, is amend10 ed— 

11 (1) in subsection (a)(4), by striking ‘‘agencies 

12 and with private agencies;’’ and inserting ‘‘agencies, 

13 private agencies, and, through the Secretary with 

14 the concurrence of the Secretary of State, with for15 eign government agencies; and’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(f) EQUIPMENT, TECHNOLOGY, AND TECH18 NIQUES.—For the purposes of subsection (a)(4), the Com19 mandant is authorized to possess, use, and consume any 

20 personal property or materials of another government 

21 agency or a private agency, or a foreign government agen22 cy, subject to the conditions regarding foreign government 

23 agencies imposed by that subsection, for the purpose of 

24 conducting research, development, testing, evaluation, and 

25 demonstration of equipment, technology, or a technique.’’. 


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1 SEC. 212. AREA CONTINGENCY PLANS. 

2 Section 311(j)(4) of the Federal Water Pollution 

3 Control Act (33 U.S.C. 1321(j)(4)) is amended— 

4 (1) in subparagraph (A), by inserting ‘‘, and of 

5 tribal governments of Indian tribes (as defined in 

6 section 102 of the Federally Recognized Indian 

7 Tribe List Act of 1994 (25 U.S.C. 429a))’’ after 

8 ‘‘and local agencies’’; 

9 (2) in subparagraph (B)(ii)— 

10 (A) by striking ‘‘and local’’ and inserting 

11 ‘‘, local, and tribal’’; and 

12 (B) by striking ‘‘wildlife;’’ and inserting 

13 ‘‘wildlife, including advance planning with re14 spect to the closing and reopening of fishing 

15 grounds following a discharge;’’; 

16 (3) in subparagraph (B)(iii), by striking ‘‘and 

17 local’’ and inserting ‘‘, local, and tribal’’; and 

18 (4) in subparagraph (C)— 

19 (A) in clause (iv), by inserting ‘‘and tribal 

20 governments of Indian tribes’’ after ‘‘local agen21 cies,’’; 

22 (B) by redesignating clauses (vii) and (viii) 

23 as clauses (viii) and (ix), respectively; and 

24 (C) by inserting after clause (vi) the fol25 lowing: 


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1 ‘‘(vii) develop a framework for ad2 vance planning and decisionmaking with 

3 respect to the closing and reopening of 

4 fishing grounds following a discharge, in5 cluding protocols and standards for the 

6 closing and reopening of fishing areas;’’. 

7 SEC. 213. COAST GUARD RESPONSE PLAN REQUIREMENTS. 

8 (a) RESPONSE PLAN UPDATES.— 

9 (1) IN GENERAL.—The Secretary shall require 

10 that a response plan that is approved by the Coast 

11 Guard be updated at least once every 5 years. 

12 (2) BEST COMMERCIALLY AVAILABLE TECH13 NOLOGY.—Each update under paragraph (1) shall 

14 incorporate the best commercially available tech15 nology and methods to contain and remove, to the 

16 maximum extent practicable, a worst case discharge, 

17 including a discharge resulting from fire or explo18 sion, and to mitigate or prevent a substantial threat 

19 of such a discharge. 

20 (3) TECHNOLOGY STANDARDS.—The Secretary 

21 may establish requirements and guidance for uti22 lizing the best commercially available technology and 

23 methods. The technology and methods shall be based 

24 on measurable standards and capabilities, and plan25 ning criteria, whenever practicable. 


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1 (b) VESSEL RESPONSE PLAN CONTENTS.—The Sec2 retary shall require that each vessel response plan pre3 pared for a mobile offshore drilling unit include informa4 tion from the facility response plan prepared for the mo5 bile offshore drilling unit regarding the planned response 

6 to a worst case discharge, and to a threat of such a dis7 charge. 

8 (c) DEFINITIONS.—In this section: 

9 (1) MOBILE OFFSHORE DRILLING UNIT.—The 

10 term ‘‘mobile offshore drilling unit’’ has the meaning 

11 given the term in section 1001(18) of the Oil Pollu12 tion Act of 1990 (33 U.S.C. 2701(18)). 

13 (2) RESPONSE PLAN.—The term ‘‘response 

14 plan’’ means a response plan prepared under section 

15 311(j) of the Federal Water Pollution Control Act 

16 (33 U.S.C. 1321(j)). 

17 (3) WORST CASE DISCHARGE.—The term 

18 ‘‘worst case discharge’’ has the meaning given the 

19 term under section 311(a) of the Federal Water Pol20 lution Control Act (33 U.S.C. 1321(a)). 

21 SEC. 214. PROTECTION AND FAIR TREATMENT OF SEA22 FARERS. 

23 (a) IN GENERAL.—Chapter 111 of title 46, United 

24 States Code, is amended by adding at the end the fol25 lowing: 


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1 ‘‘§ 11113. Protection and fair treatment of seafarers 

2 ‘‘(a) PURPOSE.—The purpose of this section shall be 

3 to ensure the protection and fair treatment of seafarers. 

4 ‘‘(b) SPECIAL FUND.— 

5 ‘‘(1) ESTABLISHMENT.—There is established in 

6 the Treasury a special fund known as the Support 

7 of Seafarers Fund. 

8 ‘‘(2) USE OF AMOUNTS IN FUND.—The 

9 amounts deposited into the Fund shall be available 

10 to the Secretary, without fiscal year limitation— 

11 ‘‘(A) to pay necessary support under sub12 section (c)(1); and 

13 ‘‘(B) to reimburse a shipowner for nec14 essary support under subsection (c)(2). 

15 ‘‘(3) AMOUNTS CREDITED TO FUND.—Notwith16 standing any other provision of law, the Fund may 

17 receive— 

18 ‘‘(A) any moneys ordered to be paid to the 

19 Fund in the form of community service under 

20 section 8B1.3 of the United States Sentencing 

21 Guidelines Manual or to the extent permitted 

22 under paragraph (4); and 

23 ‘‘(B) amounts reimbursed or recovered 

24 under subsection (e). 

25 ‘‘(4) PREREQUISITE FOR COMMUNITY SERVICE

26 CREDITS.—The Fund may receive credits under 


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1 paragraph (3)(A) if the unobligated balance of the 

2 Fund is less than $5,000,000. 

3 ‘‘(5) AUTHORIZATION OF APPROPRIATION.— 

4 There is authorized to be appropriated, from the 

5 Fund, for each fiscal year such sums as may be nec6 essary for the purposes set forth in paragraph (2). 

7 ‘‘(6) REPORT REQUIRED.— 

8 ‘‘(A) IN GENERAL.—The Secretary shall 

9 submit to Congress, concurrent with the Presi10 dent’s budget submission for a given fiscal year, 

11 a report that describes— 

12 ‘‘(i) the amounts credited to the Fund 

13 under paragraph (3) for the preceding fis14 cal year; 

15 ‘‘(ii) in detail, the activities for which 

16 amounts were charged; and 

17 ‘‘(iii) the projected level of expendi18 tures from the Fund for the upcoming fis19 cal year, based on— 

20 ‘‘(I) on-going activities; and 

21 ‘‘(II) new cases, derived from his22 toric data. 

23 ‘‘(B) EXCEPTION.—Subparagraph (A) 

24 shall not apply to obligations during the first 


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1 fiscal year during which amounts are credited 

2 to the Fund. 

3 ‘‘(7) FUND MANAGER.—The Secretary shall 

4 designate a Fund manager who shall— 

5 ‘‘(A) ensure the visibility and account6 ability of transactions utilizing the Fund; 

7 ‘‘(B) prepare the report under paragraph 

8 (6); 

9 ‘‘(C) monitor the unobligated balance of 

10 the Fund; and 

11 ‘‘(D) provide notice to the Secretary and 

12 the Attorney General whenever the unobligated 

13 balance of the Fund is less than $5,000,000. 

14 ‘‘(c) AUTHORITY.—The Secretary may— 

15 ‘‘(1) pay, from amounts appropriated from the 

16 Fund, necessary support of— 

17 ‘‘(A) a seafarer that— 

18 ‘‘(i) enters, remains, or is paroled into 

19 the United States; and 

20 ‘‘(ii) is involved in an investigation, 

21 reporting, documentation, or adjudication 

22 of any matter that is related to the admin23 istration or enforcement of any treaty, law, 

24 or regulation by the Coast Guard; and 


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1 ‘‘(B) a seafarer that the Secretary deter2 mines was abandoned in the United States; and 

3 ‘‘(2) reimburse, from amounts appropriated 

4 from the Fund, a shipowner that has provided nec5 essary support of a seafarer who has been paroled 

6 into the United States to facilitate an investigation, 

7 reporting, documentation, or adjudication of any 

8 matter that is related to the administration or en9 forcement of any treaty, law, or regulation by the 

10 Coast Guard, for the costs of necessary support if 

11 the Secretary determines that reimbursement is nec12 essary to avoid serious injustice. 

13 ‘‘(d) LIMITATION.—Nothing in this section shall be 

14 construed— 

15 ‘‘(1) to create a right, benefit, or entitlement to 

16 necessary support; or 

17 ‘‘(2) to compel the Secretary to pay or reim18 burse the cost of necessary support. 

19 ‘‘(e) REIMBURSEMENT; RECOVERY.— 

20 ‘‘(1) IN GENERAL.—A shipowner shall reim21 burse the Fund an amount equal to the total 

22 amount paid from the Fund for necessary support of 

23 a seafarer plus a surcharge of 25 percent of the 

24 total amount if— 

25 ‘‘(A) the shipowner— 


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1 ‘‘(i) during the course of an investiga2 tion, reporting, documentation, or adju3 dication of any matter that the Coast 

4 Guard referred to a United States Attor5 ney or the Attorney General, fails to pro6 vide necessary support of a seafarer who 

7 was paroled into the United States to fa8 cilitate the investigation, reporting, docu9 mentation, or adjudication; and 

10 ‘‘(ii) subsequently receives a criminal 

11 penalty; or 

12 ‘‘(B) the shipowner, under any cir13 cumstance, abandons a seafarer in the United 

14 States, as determined by the Secretary. 

15 ‘‘(2) ENFORCEMENT.—If a shipowner fails to 

16 reimburse the Fund under paragraph (1), the Sec17 retary may— 

18 ‘‘(A) proceed in rem against any vessel of 

19 the shipowner in the Federal district court for 

20 the district in which the vessel is found; and 

21 ‘‘(B) withhold or revoke the clearance re22 quired under section 60105 of any vessel of the 

23 shipowner wherever the vessel is found. 

24 ‘‘(3) REMEDY.—A vessel may obtain clearance 

25 from the Secretary after it is withheld or revoked 


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1 under paragraph (2)(B) if the shipowner reimburses 

2 the Fund the amount required under paragraph (1). 

3 ‘‘(f) BOND AND SURETY.— 

4 ‘‘(1) AUTHORITY.—The Secretary may require 

5 a bond or a surety satisfactory as an alternative to 

6 withholding or revoking clearance under subsection 

7 (e) if, in the opinion of the Secretary, the bond or 

8 surety satisfactory is necessary to facilitate an inves9 tigation, reporting, documentation, or adjudication 

10 of any matter that is related to the administration 

11 or enforcement of any treaty, law, or regulation by 

12 the Coast Guard. 

13 ‘‘(2) SURETY CORPORATIONS.—A surety cor14 poration may provide a bond or surety satisfactory 

15 under paragraph (1) if the surety corporation is au16 thorized by the Secretary of the Treasury under sec17 tion 9305 of title 31 to provide surety bonds under 

18 section 9304 of title 31. 

19 ‘‘(3) APPLICATION.—The authority to require a 

20 bond or surety satisfactory or to request the with21 holding or revocation of the clearance under sub22 section (e) applies to any investigation, reporting, 

23 documentation, or adjudication of any matter that is 

24 related to the administration or enforcement of any 

25 treaty, law, or regulation by the Coast Guard. 


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1 ‘‘(g) DEFINITIONS.—In this section: 

2 ‘‘(1) ABANDONS; ABANDONED.—The term 

3 ‘abandons’ or ‘abandoned’ means— 

4 ‘‘(A) a shipowner’s unilateral severance of 

5 ties with a seafarer; or 

6 ‘‘(B) a shipowner’s failure to provide nec7 essary support of a seafarer. 

8 ‘‘(2) FUND.—The term ‘Fund’ means the Sup9 port of Seafarers Fund established under this sec10 tion. 

11 ‘‘(3) NECESSARY SUPPORT.—The term ‘nec12 essary support’ means normal wages, lodging, sub13 sistence, clothing, medical care (including hos14 pitalization), repatriation, and any other expense the 

15 Secretary considers appropriate. 

16 ‘‘(4) SEAFARER.—The term ‘seafarer’ means an 

17 alien crewman who is employed or engaged in any 

18 capacity on board a vessel subject to the jurisdiction 

19 of the United States. A seafarer is a claimant for 

20 the purposes of section 30509 of this title. 

21 ‘‘(5) SHIPOWNER.—The term ‘shipowner’ 

22 means an individual or entity that owns, has an 

23 ownership interest in, or operates a vessel subject to 

24 the jurisdiction of the United States. 


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1 ‘‘(6) VESSEL SUBJECT TO THE JURISDICTION

2 OF THE UNITED STATES.—The term ‘vessel subject 

3 to the jurisdiction of the United States’ has the 

4 meaning given the term in section 70502(c), except 

5 that it excludes— 

6 ‘‘(A) a vessel— 

7 ‘‘(i) that is owned by the United 

8 States, a State or political subdivision 

9 thereof, or a foreign nation; and 

10 ‘‘(ii) that is not engaged in commerce; 

11 and 

12 ‘‘(B) a bareboat— 

13 ‘‘(i) that is chartered and operated by 

14 the United States, a State or political sub15 division thereof, or a foreign nation; and 

16 ‘‘(ii) that is not engaged in commerce. 

17 ‘‘(h) REGULATIONS.—The Secretary may prescribe 

18 regulations to implement this section.’’. 

19 (b) CONFORMING AMENDMENT.—The table of con20 tents for chapter 111 of title 46, United States Code, is 

21 amended by inserting after the item relating to section 

22 11112 the following: 

‘‘11113. Protection and fair treatment of seafarers.’’. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to the Support of Seafarers 

25 Fund $1,500,000 for each of fiscal years 2014 and 2015. 


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1 TITLE III—MISCELLANEOUS 

2 SEC. 301. WAIVER. 

3 Notwithstanding sections 12112 and 12132 and 

4 chapter 551 of title 46, United States Code, the Secretary 

5 may issue a certificate of documentation with a coastwise 

6 endorsement for the F/V WESTERN CHALLENGER 

7 (IMO number 5388108). 

8 SEC. 302. TRANSPORTATION OF OIL FROM ARCTIC OUTER 

9 CONTINENTAL SHELF LANDS. 

10 Section 5 of the Outer Continental Shelf Lands Act 

11 (43 U.S.C. 1334) is amended by adding at the end the 

12 following: 

13 ‘‘(k) OIL TRANSPORTATION IN ARCTIC WATERS.— 

14 The Secretary shall— 

15 ‘‘(1) require that oil produced from Federal 

16 leases in Arctic waters in the Chukchi Sea planning 

17 area, Beaufort Sea planning area, or Hope Basin 

18 planning area be transported by pipeline to onshore 

19 facilities; and 

20 ‘‘(2) provide for, and issue appropriate permits 

21 for, the transportation of oil from Federal leases in 

22 Arctic waters in preproduction phases (including ex23 ploration) by means other than pipeline.’’. 


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1 SEC. 303. LEASE OF TIDELANDS AND SUBMERGED LANDS 

2 UNDER CONTROL OF THE COAST GUARD. 

3 Section 93 of title 14, United States Code, as amend4 ed by section 211 of this Act, is further amended by add5 ing at the end the following: 

6 ‘‘(g) LEASE OF TIDELANDS AND SUBMERGED

7 LANDS.— 

8 ‘‘(1) EXCEPTION FROM MAXIMUM LEASE

9 TERM.—Notwithstanding subsection (a)(13), a lease 

10 described in paragraph (2) may be for such term in 

11 excess of 5 years as the Commandant considers ap12 propriate. 

13 ‘‘(2) LEASE DESCRIBED.—A lease referred to in 

14 paragraph (1) is a lease of the following: 

15 ‘‘(A) Tidelands under the control of the 

16 Coast Guard. 

17 ‘‘(B) Submerged lands under the control of 

18 the Coast Guard.’’. 

19 SEC. 304. INFLATIONARY ADJUSTMENT FOR REGIONAL 

20 CITIZENS’ ADVISORY COUNCIL. 

21 Section 5002(k)(3) of the Oil Pollution Act of 1990 

22 (33 U.S.C. 2732(k)(3)) is amended by striking ‘‘more 

23 than $1,000,000’’ and inserting ‘‘less than $1,400,000’’. 


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1 SEC. 305. COAST GUARD CUTTERS CLASSIFICATION BY THE 

2 AMERICAN BUREAU OF SHIPPING. 

3 Section 573(c)(3) of title 14, United States Code, is 

4 amended— 

5 (1) by striking ‘‘(A) IN GENERAL.—’’; and 

6 (2) by striking ‘‘before final acceptance’’ after 

7 ‘‘Shipping’’. 

8 SEC. 306. UPDATES TO FINES AND PENALTIES. 

9 (a) AIDS TO NAVIGATION AND FALSE DISTRESS

10 MESSAGES.—Chapter 5 of title 14, United States Code, 

11 is amended— 

12 (1) in section 83, by striking ‘‘$100’’ and in13 serting ‘‘$1,500’’; 

14 (2) in section 84, by striking ‘‘$500’’ and in15 serting ‘‘$5,000’’; 

16 (3) in section 85, by striking ‘‘$100’’ and in17 serting ‘‘$1,500’’; and 

18 (4) in section 88(c)(2), by striking ‘‘$5,000’’ 

19 and inserting ‘‘$10,000’’. 

20 (b) COAST GUARD ENSIGNS AND PENNANTS.—Sec21 tion 638(b) of title 14, United States Code, is amended 

22 by striking ‘‘$5,000’’ and inserting ‘‘$50,000’’. 

23 (c) UNAUTHORIZED USE OF WORDS ‘‘COAST

24 GUARD’’.—Section 639 of title 14, United States Code, 

25 is amended by striking ‘‘$1,000’’ and inserting 

26 ‘‘$10,000’’. 


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1 SEC. 307. TECHNICAL AMENDMENT; COAST GUARD ACAD2 EMY CHARGES AND FEES FOR ATTENDANCE. 

3 Section 197(b) of title 14, United States Code, is 

4 amended by striking ‘‘of Homeland Security’’. 

Æ 


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