Coast Guard Arctic Preparedness Act

Bill: 113-s-2131
Sponsor: full_name: Sen. Begich, Mark [D-AK]
Introduced: 2014-03-13
Policy area: Public Lands and Natural Resources
Subjects: Accidents

Administrative law and regulatory procedures

Alaska

Arctic Ocean

Arctic and polar regions

Atmospheric science and weather

Coast guard

Department of Homeland Security

Disaster relief and insurance

Emergency planning and evacuation

Environmental assessment, monitoring, research

Executive agency funding and structure

Government buildings, facilities, and property

Government information and archives

Government trust funds

Hazardous wastes and toxic substances

Land use and conservation

Licensing and registrations

Marine and coastal resources, fisheries

Marine and inland water transportation

Marine pollution

National Guard and reserves

Natural disasters

Oil and gas

Pipelines

Public contracts and procurement

Research administration and funding

Research and development

Transportation costs

Transportation employees

Transportation safety and security

Water quality

Worker safety and health
Latest action: action_date: 2014-03-13
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.

Summaries:
action_date: 2014-03-13
action_desc: Introduced in Senate
text: <p>Coast Guard Arctic Preparedness Act - Requires the Coast Guard to be the sole supplier of icebreaking services to federal agencies. Permits agencies to acquire icebreaking services from another entity if the Coast Guard is unable to provide such services.</p> <p>Amends the Coast Guard and Maritime Transportation Act of 2012 to direct the Secretary of the department in which the Coast Guard is operating to initiate a reactivation and an extention of the service life of the icebreaker Polar Sea for 7 to 10 years.</p> <p>Authorizes the Commandant of the Coast Guard, as part of any project for the acquisition of one or more new heavy polar icebreakers, to solicit bids and enter into contracts that include the provision of classification services by any classification society to which the Secretary has delegated such authority for vessels not owned by the U.S. government. </p> <p>Sets forth vessel requirements to be included in a final rule concerning notices of arrival and departure and the automatic identification system (AIS).</p> <p>Directs the Secretary to establish a permitting process by which an operator of a marine exchange or other non-federal vessel traffic information service may apply for permission to use the AIS to transmit weather, ice, and other navigation safety information to vessels. </p> <p>Permits the Secretary to recover appropriate travel and subsistence costs incurred in providing a service or thing of value to vessels, seamen, or other persons liable for certain fees or charges.</p> <p>Authorizes the Secretary to order to active duty an organized training unit or member of the Coast Guard Ready Reserve (without consent of the members, for a continuous period of up to 120 days) as an emergency augmentation of regular Coast Guard forces in response to: (1) a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, or (2) a spill of national significance under the National Oil and Hazardous Substances Pollution Contingency Plan.</p> <p>Extends through September 30, 2017, the Commandant's acquisition workforce expedited hiring authority under which acquisition positions may be designated as positions for which there is a shortage of candidates or a critical hiring need.</p> <p>Directs the Secretary to submit an authorization request to Congress for each fiscal year.</p> <p>Authorizes the establishment of an interagency Arctic fusion center to: (1) improve maritime domain awareness in the Arctic, and (2) coordinate information sharing between specified agencies. Directs the Secretary to develop a five-year strategic plan to guide interagency and international intergovernmental cooperation.</p> <p> Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to eliminate the National Response Unit at Elizabeth City, North Carolina. Transfers the Unit's response functions directly to the Secretary. (Currently, such functions are carried out by the Secretary acting through such Unit.)</p> <p>Authorizes the Secretary to construct or lease hangar, berthing, and messing facilities in the Arctic Region and Bering Sea-Aleutian Islands operating area.</p> <p>Requires the Secretary, within an hour after receiving a report of certain marine casualties, to forward the report to appropriate state agencies and tribal governments.</p> <p>Directs the Commandant to publish on a publicly accessible website all written incident action plans prepared and approved as a part of the response to an oil spill in which the Coast Guard serves as the federal on-scene coordinator leading a unified command.</p> <p>Expands the activities required to be performed by centers of expertise for Coast Guard prevention and response missions.</p> <p>Authorizes the Commandant, through the Secretary with the concurrence of the Secretary of State, to coordinate with foreign government agencies on research, development, testing, and evaluations relating to the performance of any Coast Guard function, including intelligence systems and capabilities.</p> <p>Requires area contingency plans for the removal or oil and hazardous substances to include input from tribal governments and a framework with respect to the closing and reopening of fishing areas following a discharge.</p> <p>Directs the Secretary to require: (1) Coast Guard-approved response plans to be updated at least every five years with the best commercially available technology and methods to address a worst case discharge, including a discharge resulting from fire or explosion; and (2) each vessel response plan prepared for a mobile offshore drilling unit to include information regarding the planned response to, and threat of, such a worst case discharge.</p> <p>Establishes a Support of Seafarers Fund from which the Secretary is authorized to pay the necessary support of: (1) seafarers who enter, remain, or are paroled into the United States and are involved in an investigation, reporting, documentation, or adjudication of any matter related to the administration or enforcement of any treaty, law, or regulation by the Coast Guard; and (2) seafarers abandoned in the United States. Authorizes, if necessary to avoid serious injustice, the reimbursement of certain shipowners or operators who have provided necessary support of a seafarer paroled into the United States to facilitate such an investigation, reporting, documentation, or adjudication.</p> <p>Defines &quot;seafarer&quot; as an alien crewman who is employed or engaged in any capacity on a vessel subject to U.S. jurisdiction.</p> <p>Amends the Outer Continental Shelf Lands Act to: (1) require oil produced from federal leases in Arctic water planning areas of the Chukchi Sea, Beaufort Sea, or Hope Basin to be transported by pipeline to onshore facilities; and (2) provide for the transportation of oil from federal leases in Arctic waters in preproduction phases (including exploration) by means other than a pipeline.</p> <p>Authorizes the Commandant to lease submerged lands and tidelands under the control of the Coast Guard for periods longer than five years.</p> <p>Increases fines and penalties relating to false or unauthorized uses of: (1) aids to maritime navigation and distress messages, (2) Coast Guard ensigns and pennants, and (3) the words &quot;Coast Guard.&quot;</p>

tv_txt: II 113th CONGRESS 2d Session S. 2131 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. Short title; table of contents (a) Short title This Act may be cited as the Coast Guard Arctic Preparedness Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Secretary defined. 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. 2. Secretary defined In this Act, except as otherwise specifically provided, the term Secretary means the Secretary of the department in which the Coast Guard is operating. I Prevention 101. Clarification of Coast Guard ice operations mission (a) Coast Guard provision of Federal icebreaking services Chapter 5 of title 14, United States Code, is amended by inserting after section 86 the following: 87. Provision of icebreaking services (a) In general Notwithstanding any other provision of law, except as provided in subsection (b), the Coast Guard shall be the sole supplier of icebreaking services, on an advance payment or reimbursable basis, to each Federal agency that requires icebreaking services. (b) Exception In the event that a Federal agency requires icebreaking services and the Coast Guard is unable to provide the services, the Federal agency may acquire icebreaking services from another entity. . (b) Priority of Coast Guard missions in polar regions (1) Section 110 Section 110(b)(2) of the Arctic Research and Policy Act of 1984 ( 15 U.S.C. 4109(b)(2) ) is amended— (A) by inserting to execute the statutory missions of the Coast Guard and after needed ; and (B) by inserting and all budget authority related to such operations after projects, . (2) Section 312 Section 312(c) of the Antarctic Marine Living Resources Convention Act of 1984 ( 16 U.S.C. 2441(c) ) is amended by inserting to execute the statutory missions of the Coast Guard and after needed . (c) Conforming amendment The table of contents for chapter 5 of title 14, United States Code, is amended by inserting after the item relating to section 86 the following: 87. Provision of icebreaking services. . 102. Reactivation of Polar Sea (a) In general Section 222 of the Coast Guard and Maritime Transportation Act of 2012 (126 Stat. 1560), is amended— (1) by amending subsection (d) to read as follows: (d) Reactivation of Polar Sea (1) In general The Secretary shall— (A) develop a service life extension plan for the reactivation of the Polar Sea, including a timetable for that reactivation; and (B) initiate reactivating and extending the service life of the Polar Sea for 7 to 10 years, in accordance with the service life extension plan under subparagraph (A). (2) Utilization of existing resources In the development of the service life extension plan under paragraph (1)(A), the Secretary shall utilize to the greatest extent practicable recent plans, studies, assessments, and analyses regarding the Coast Guard’s icebreakers and high latitude mission needs and operating requirements. (3) Submission The Secretary shall submit the service life extension plan under paragraph (1)(A) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than 30 days after the date of its completion. ; and (2) in subsection (e)— (A) by striking Except as provided in subsection (d), the and inserting The ; and (B) in paragraph (1), by inserting unless it is necessary for purposes of the service life extension plan under subsection (d), before transfer . (b) Authorization of appropriations There is authorized to be appropriated for fiscal year 2015 to the Secretary of the department in which the Coast Guard is operating such sums as may be necessary to reactivate and extend the service life of the Coast Guard Cutter Polar Sea (WAGB 11) for 7 to 10 years. 103. Competitive bidding in heavy polar icebreaker design and construction Notwithstanding the requirement of section 3316(a) of title 46, United States Code regarding classification services for vessels owned by the United States Government, the Commandant of the Coast Guard, consistent with the requirements of chapter 15 of title 14, United States Code, and other applicable Federal law, as a part of any project or program established for the acquisition of 1 or more new heavy polar icebreakers for the Coast Guard, may solicit bids and proposals and enter into contracts that include the provision of classification services by any classification society to which the Secretary has delegated the authority to provide those services for vessels not owned by the United States Government. 104. Vessel requirements for notices of arrival and departure and automatic identification system (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall publish a final rule implementing the proposed rule Vessel Requirements for Notices of Arrival and Departure, and Automatic Identification System (73 Fed. Reg. 76295). (b) Rule of construction The Secretary shall ensure, with respect to a final rule issued under subsection (a), that any notice of arrival or notice of departure requirement in the final rule applies to vessels in a manner consistent with the regulations promulgated under section 109(a) of the Security and Accountability for Every Port Act of 2006 ( 33 U.S.C. 1223 note) and with section 704 of the Coast Guard and Maritime Transportation Act of 2012 (126 Stat. 1580). 105. Improved safety information for vessels Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a permitting process by which an operator of a marine exchange or other non-Federal vessel traffic information service may apply for permission to use the automatic identification system to transmit weather, ice, and other important navigation safety information to vessels. 106. Recovery of travel and subsistence costs for prevention services (a) Title 46, United States Code Section 2110 of title 46, United States Code, is amended— (1) in subsection (c), by inserting appropriate travel and subsistence costs incurred providing a service or thing of value under this subtitle and after recover ; and (2) in subsection (d), by inserting at the end the following: (3) Amounts received as reimbursement for appropriate travel and subsistence costs incurred providing a service or thing of value under this section may be credited to the account from which expended. (4) Reimbursement for services provided under this section may include in kind reimbursement for transportation, travel, and subsistence. . (b) Title 14, United States Code Section 664 of title 14, United States Code, is amended— (1) in subsection (c), by inserting appropriate travel and subsistence costs incurred by the Coast Guard in providing a service or thing of value, after for the fee or charge the ; (2) in subsection (e), by inserting and, as appropriate, for travel and subsistence costs incurred when providing a service or thing of value after charge ; and (3) by adding at the end the following: (h) Reimbursement for services provided by the Coast Guard may include in-kind reimbursement for transportation, travel, and subsistence. . II Preparedness and response 201. Commandant; appointment Section 44 of title 14, United States Code, is amended by inserting after the first sentence the following: The term of an appointment, and any reappointment, shall begin on June 1 of the current year and end four years later on May 31, except that, in the event of death, retirement, resignation, or reassignment, or when the needs of the Service demand, the Secretary may alter the date on which the term begins or ends. . 202. Active duty for emergency augmentation of regular forces Section 712(a) of title 14, United States Code, is amended— (1) by striking another and inserting any other ; (2) by striking prevention of and inserting prevention of— ; (3) by inserting (1) before an imminent and indenting accordingly; (4) in paragraph (1), as redesignated, by striking unit. and inserting unit; and ; and (5) by inserting at the end the following: (2) a major disaster or emergency (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 )), or a discharge (as defined in section 311(a) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a))) that the Commandant has classified as a spill of national significance under the National Oil and Hazardous Substances Pollution Contingency Plan (part 300 of title 40, Code of Federal Regulations), the Secretary may, without the consent of the member affected, order to active duty for a continuous period of not more than 120 days an organized training unit of the Coast Guard Ready Reserve, a member thereof, or a member not assigned to a unit organized to serve as a unit. . 203. Acquisition workforce expedited hiring authority Section 404(b) of the Coast Guard Authorization Act of 2010 (124 Stat. 2951), as amended by section 218 of the Coast Guard and Maritime Transportation Act of 2012 (126 Stat. 1558), is amended by striking 2015 and inserting 2017 . 204. Transmission of annual Coast Guard authorization request (a) In general Title 14, United States Code, is amended by inserting after section 662 the following: 662a. Transmission of annual Coast Guard authorization request (a) In general Not later than 30 days after the date on which the President submits to Congress a budget request for a fiscal year pursuant to section 1105 of title 31, 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 Representatives a Coast Guard authorization request with respect to that fiscal year. (b) Coast Guard authorization request defined In this section, the term Coast Guard authorization request means proposed legislation that, with respect to the Coast Guard for the relevant fiscal year, includes— (1) recommended end-of-year strengths for active duty personnel and military training student loads for that fiscal year, as described in section 661; (2) recommended authorizations of appropriations for that fiscal year, including with respect to matters described in section 662; and (3) any other matter the Secretary considers appropriate for inclusion in a Coast Guard authorization bill. . (b) Conforming amendment The table of contents for chapter 17 of title 14, United States Code, is amended by inserting after the item relating to section 662 the following: 662a. Transmission of annual Coast Guard authorization request. . 205. Interagency Arctic fusion center (a) In general Chapter 7 of title 14, United States Code, is amended by adding at the end the following: 154. Interagency Arctic fusion center (a) Establishment (1) In general The Secretary is authorized to establish an interagency Arctic fusion center (referred to in this section as the Center ). The Commandant shall operate the Center. (2) Purpose The purpose of the Center shall be to improve maritime domain awareness in the Arctic— (A) by promoting interagency cooperation and coordination; (B) by employing joint, interagency, and international capabilities; and (C) by facilitating the sharing of information, intelligence, and data related to the Arctic maritime domain between the participating agencies and departments under paragraph (3). (3) Participating agencies and departments The Center shall coordinate the participation by and sharing of information, intelligence, and data related to the Arctic maritime domain between the following: (A) the Department of Homeland Security; (B) the Department of Defense; (C) the Department of Transportation; (D) the Department of State; (E) the Department of the Interior; (F) the National Aeronautics and Space Administration; (G) the National Oceanic and Atmospheric Administration; (H) the Environmental Protection Agency; and (I) the National Science Foundation. (b) Organization (1) Staffing and other resources The Secretary and the head of an agency or department under subsection (a)(3) may— (A) by agreement, on a reimbursable basis or otherwise, provide permanent representation to the Center; (B) by agreement, on a reimbursable basis or otherwise, share personnel, services, equipment (including aircraft and vessels), and facilities with the Center for the purpose under subsection (a)(2); and (C) to the extent possible, and consistent with applicable law, extend the authorities provided under their enabling statutes to the other participating departments and agencies in furtherance of the purpose under subsection (a)(2). (2) Budget The Secretary and the head of each participating agency and department under subsection (a)(3), at their discretion, may develop interagency plans and budgets and engage in interagency financing to establish and maintain the Center. (c) Information sharing (1) In general The Secretary and the head of each participating agency and department under subsection (a)(3), to the maximum extent permissible under law, shall share through the Center all applicable information, intelligence, and data related to maritime domain awareness in the Arctic. (2) Collection and use Subject to applicable confidentiality and privacy laws, the Secretary, through the Center, shall oversee and coordinate the collection, storage, analysis, and use of all applicable information, intelligence, and data shared under paragraph (1). (d) 5-Year strategic plan Not later than 180 days after the date that the Center is established under subsection (a), the Secretary shall develop a 5-year strategic plan to guide interagency and international intergovernmental cooperation and coordination for the purpose of improving maritime domain awareness in the Arctic. The Secretary shall update the plan at least once every 5 years thereafter. (e) Definitions In this section— (1) Arctic The term Arctic has the meaning given the term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111). (2) Maritime domain awareness The term maritime domain awareness means the effective understanding of anything associated with the maritime domain that could impact the safety, security, economy, or environment of the United States. . (b) Conforming amendment The table of contents for chapter 7 of title 14, United States Code, is amended by inserting after the item relating to section 153 the following: 154. Interagency Arctic fusion center. . 206. Enhanced national response capability (a) In general Section 311 of the Federal Water Pollution Control Act ( 33 U.S.C. 1321 ) is amended— (1) in subsection (a)(23)— (A) by striking Unit each place it appears and inserting Functions ; and (B) by striking established and inserting maintained ; (2) in subsection (j)(2), by striking National response unit through acting through the National Response Unit and inserting the following: National response functions The Secretary of the department in which the Coast Guard is operating— ; and (3) in subsection (j)(4)(C)(vi), by striking , and into operating procedures of the National Response Unit . (b) Conforming amendment Section 4202(b) of the Oil Pollution Act of 1990 ( 33 U.S.C. 1321 note) is amended— (1) by striking paragraph (2); and (2) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. 207. Forward operating facilities The Secretary is authorized to construct or lease hangar, berthing, and messing facilities in the Arctic Region and Bering Sea-Aleutian Islands operating area. The facilities shall— (1) support aircraft maintenance, including exhaust ventilation, heat, engine wash system, head facilities, fuel, ground support services, and electrical power; (2) provide shelter for both current helicopter assets and those projected to be located at Air Station Kodiak, Alaska, for at least 20 years; and (3) provide berthing and messing facilities for maintenance and aircrew personnel. 208. Prompt intergovernmental notice of marine casualties Section 6101 of title 46, United States Code, is amended by inserting after subsection (b) the following: (c) Notice to State and tribal governments (1) Requirement to notify Not later than 1 hour after receiving a report of a marine casualty under this section, the Secretary shall forward the report to the designated official of— (A) each appropriate State agency of a State; and (B) each tribal government of an Indian tribe (as defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a )) that has jurisdiction concurrent with the United States or is adjacent to waters in which the marine casualty occurred. (2) Designated official Each State and tribal government referred to in paragraph (1) shall identify for the Secretary the designated official to receive a report under paragraph (1). . 209. Prompt publication of oil spill information (a) In general In any response to an oil spill in which the Coast Guard serves as the Federal on-scene coordinator leading a unified command, the Commandant of the Coast Guard shall publish, on a publicly accessible website, all written incident action plans prepared and approved as a part of the response to the oil spill. (b) Timeliness and duration The Commandant of the Coast Guard shall— (1) publish each incident action plan under subsection (a) promptly after the incident action plan is approved for implementation by the unified command, but not later than 12 hours after the beginning of the operational period for which the plan is prepared; and (2) ensure that each incident action plan under subsection (a) remains publicly accessible on the website under subsection (a) for the duration of the response to the applicable oil spill. (c) Redaction of personal information The Commandant may redact information from an incident action plans published under subsection (a) to the extent necessary to comply with applicable privacy laws and other laws regarding the protection of personal information. 210. Coast Guard centers of expertise Section 58(b) of title 14, United States Code, is amended to read as follows: (b) Missions A center shall— (1) promote, facilitate, and conduct education, training, and research programs; (2) develop and maintain a repository of information on operations, practices, and resources; and (3) perform and support any mission of the Coast Guard that the Commandant may specify. . 211. Research, development, testing, and evaluation Section 93 of title 14, United States Code, is amended— (1) in subsection (a)(4), by striking agencies and with private agencies; and inserting agencies, private agencies, and, through the Secretary with the concurrence of the Secretary of State, with foreign government agencies; and ; and (2) by adding at the end the following: (f) Equipment, technology, and techniques For the purposes of subsection (a)(4), the Commandant is authorized to possess, use, and consume any personal property or materials of another government agency or a private agency, or a foreign government agency, subject to the conditions regarding foreign government agencies imposed by that subsection, for the purpose of conducting research, development, testing, evaluation, and demonstration of equipment, technology, or a technique. . 212. Area contingency plans Section 311(j)(4) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j)(4) ) is amended— (1) in subparagraph (A), by inserting , and of tribal governments of Indian tribes (as defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 429a )) after and local agencies ; (2) in subparagraph (B)(ii)— (A) by striking and local and inserting , local, and tribal ; and (B) by striking wildlife; and inserting wildlife, including advance planning with respect to the closing and reopening of fishing grounds following a discharge; ; (3) in subparagraph (B)(iii), by striking and local and inserting , local, and tribal ; and (4) in subparagraph (C)— (A) in clause (iv), by inserting and tribal governments of Indian tribes after local agencies, ; (B) by redesignating clauses (vii) and (viii) as clauses (viii) and (ix), respectively; and (C) by inserting after clause (vi) the following: (vii) develop a framework for advance planning and decisionmaking with respect to the closing and reopening of fishing grounds following a discharge, including protocols and standards for the closing and reopening of fishing areas; . 213. Coast Guard response plan requirements (a) Response plan updates (1) In general The Secretary shall require that a response plan that is approved by the Coast Guard be updated at least once every 5 years. (2) Best commercially available technology Each update under paragraph (1) shall incorporate the best commercially available technology and methods to contain and remove, to the maximum extent practicable, a worst case discharge, including a discharge resulting from fire or explosion, and to mitigate or prevent a substantial threat of such a discharge. (3) Technology standards The Secretary may establish requirements and guidance for utilizing the best commercially available technology and methods. The technology and methods shall be based on measurable standards and capabilities, and planning criteria, whenever practicable. (b) Vessel response plan contents The Secretary shall require that each vessel response plan prepared for a mobile offshore drilling unit include information from the facility response plan prepared for the mobile offshore drilling unit regarding the planned response to a worst case discharge, and to a threat of such a discharge. (c) Definitions In this section: (1) Mobile offshore drilling unit The term mobile offshore drilling unit has the meaning given the term in section 1001(18) of the Oil Pollution Act of 1990 (33 U.S.C. 2701(18)). (2) Response plan The term response plan means a response plan prepared under section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)). (3) Worst case discharge The term worst case discharge has the meaning given the term under section 311(a) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a)). 214. Protection and fair treatment of seafarers (a) In general Chapter 111 of title 46, United States Code, is amended by adding at the end the following: 11113. Protection and fair treatment of seafarers (a) Purpose The purpose of this section shall be to ensure the protection and fair treatment of seafarers. (b) Special fund (1) Establishment There is established in the Treasury a special fund known as the Support of Seafarers Fund. (2) Use of amounts in fund The amounts deposited into the Fund shall be available to the Secretary, without fiscal year limitation— (A) to pay necessary support under subsection (c)(1); and (B) to reimburse a shipowner for necessary support under subsection (c)(2). (3) Amounts credited to fund Notwithstanding any other provision of law, the Fund may receive— (A) any moneys ordered to be paid to the Fund in the form of community service under section 8B1.3 of the United States Sentencing Guidelines Manual or to the extent permitted under paragraph (4); and (B) amounts reimbursed or recovered under subsection (e). (4) Prerequisite for community service credits The Fund may receive credits under paragraph (3)(A) if the unobligated balance of the Fund is less than $5,000,000. (5) Authorization of appropriation There is authorized to be appropriated, from the Fund, for each fiscal year such sums as may be necessary for the purposes set forth in paragraph (2). (6) Report required (A) In general The Secretary shall submit to Congress, concurrent with the President's budget submission for a given fiscal year, a report that describes— (i) the amounts credited to the Fund under paragraph (3) for the preceding fiscal year; (ii) in detail, the activities for which amounts were charged; and (iii) the projected level of expenditures from the Fund for the upcoming fiscal year, based on— (I) on-going activities; and (II) new cases, derived from historic data. (B) Exception Subparagraph (A) shall not apply to obligations during the first fiscal year during which amounts are credited to the Fund. (7) Fund manager The Secretary shall designate a Fund manager who shall— (A) ensure the visibility and accountability of transactions utilizing the Fund; (B) prepare the report under paragraph (6); (C) monitor the unobligated balance of the Fund; and (D) provide notice to the Secretary and the Attorney General whenever the unobligated balance of the Fund is less than $5,000,000. (c) Authority The Secretary may— (1) pay, from amounts appropriated from the Fund, necessary support of— (A) a seafarer that— (i) enters, remains, or is paroled into the United States; and (ii) is involved in an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Coast Guard; and (B) a seafarer that the Secretary determines was abandoned in the United States; and (2) reimburse, from amounts appropriated from the Fund, a shipowner that has provided necessary support of a seafarer who has been paroled into the United States to facilitate an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Coast Guard, for the costs of necessary support if the Secretary determines that reimbursement is necessary to avoid serious injustice. (d) Limitation Nothing in this section shall be construed— (1) to create a right, benefit, or entitlement to necessary support; or (2) to compel the Secretary to pay or reimburse the cost of necessary support. (e) Reimbursement; recovery (1) In general A shipowner shall reimburse the Fund an amount equal to the total amount paid from the Fund for necessary support of a seafarer plus a surcharge of 25 percent of the total amount if— (A) the shipowner— (i) during the course of an investigation, reporting, documentation, or adjudication of any matter that the Coast Guard referred to a United States Attorney or the Attorney General, fails to provide necessary support of a seafarer who was paroled into the United States to facilitate the investigation, reporting, documentation, or adjudication; and (ii) subsequently receives a criminal penalty; or (B) the shipowner, under any circumstance, abandons a seafarer in the United States, as determined by the Secretary. (2) Enforcement If a shipowner fails to reimburse the Fund under paragraph (1), the Secretary may— (A) proceed in rem against any vessel of the shipowner in the Federal district court for the district in which the vessel is found; and (B) withhold or revoke the clearance required under section 60105 of any vessel of the shipowner wherever the vessel is found. (3) Remedy A vessel may obtain clearance from the Secretary after it is withheld or revoked under paragraph (2)(B) if the shipowner reimburses the Fund the amount required under paragraph (1). (f) Bond and surety (1) Authority The Secretary may require a bond or a surety satisfactory as an alternative to withholding or revoking clearance under subsection (e) if, in the opinion of the Secretary, the bond or surety satisfactory is necessary to facilitate an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Coast Guard. (2) Surety corporations A surety corporation may provide a bond or surety satisfactory under paragraph (1) if the surety corporation is authorized by the Secretary of the Treasury under section 9305 of title 31 to provide surety bonds under section 9304 of title 31. (3) Application The authority to require a bond or surety satisfactory or to request the withholding or revocation of the clearance under subsection (e) applies to any investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Coast Guard. (g) Definitions In this section: (1) Abandons; abandoned The term abandons or abandoned means— (A) a shipowner's unilateral severance of ties with a seafarer; or (B) a shipowner's failure to provide necessary support of a seafarer. (2) Fund The term Fund means the Support of Seafarers Fund established under this section. (3) Necessary support The term necessary support means normal wages, lodging, subsistence, clothing, medical care (including hospitalization), repatriation, and any other expense the Secretary considers appropriate. (4) Seafarer The term seafarer means an alien crewman who is employed or engaged in any capacity on board a vessel subject to the jurisdiction of the United States. A seafarer is a claimant for the purposes of section 30509 of this title. (5) Shipowner The term shipowner means an individual or entity that owns, has an ownership interest in, or operates a vessel subject to the jurisdiction of the United States. (6) Vessel subject to the jurisdiction of the United States The term vessel subject to the jurisdiction of the United States has the meaning given the term in section 70502(c), except that it excludes— (A) a vessel— (i) that is owned by the United States, a State or political subdivision thereof, or a foreign nation; and (ii) that is not engaged in commerce; and (B) a bareboat— (i) that is chartered and operated by the United States, a State or political subdivision thereof, or a foreign nation; and (ii) that is not engaged in commerce. (h) Regulations The Secretary may prescribe regulations to implement this section. . (b) Conforming amendment The table of contents for chapter 111 of title 46, United States Code, is amended by inserting after the item relating to section 11112 the following: 11113. Protection and fair treatment of seafarers. . (c) Authorization of appropriations There is authorized to be appropriated to the Support of Seafarers Fund $1,500,000 for each of fiscal years 2014 and 2015. III Miscellaneous 301. Waiver Notwithstanding sections 12112 and 12132 and chapter 551 of title 46, United States Code, the Secretary may issue a certificate of documentation with a coastwise endorsement for the F/V WESTERN CHALLENGER (IMO number 5388108). 302. Transportation of oil from Arctic outer continental shelf lands Section 5 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1334 ) is amended by adding at the end the following: (k) Oil transportation in Arctic waters The Secretary shall— (1) require that oil produced from Federal leases in Arctic waters in the Chukchi Sea planning area, Beaufort Sea planning area, or Hope Basin planning area be transported by pipeline to onshore facilities; and (2) provide for, and issue appropriate permits for, the transportation of oil from Federal leases in Arctic waters in preproduction phases (including exploration) by means other than pipeline. . 303. Lease of tidelands and submerged lands under control of the Coast Guard Section 93 of title 14, United States Code, as amended by section 211 of this Act, is further amended by adding at the end the following: (g) Lease of tidelands and submerged lands (1) Exception from maximum lease term Notwithstanding subsection (a)(13), a lease described in paragraph (2) may be for such term in excess of 5 years as the Commandant considers appropriate. (2) Lease described A lease referred to in paragraph (1) is a lease of the following: (A) Tidelands under the control of the Coast Guard. (B) Submerged lands under the control of the Coast Guard. . 304. Inflationary adjustment for regional citizens’ advisory council Section 5002(k)(3) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2732(k)(3) ) is amended by striking more than $1,000,000 and inserting less than $1,400,000 . 305. Coast Guard cutters classification by the American Bureau of Shipping Section 573(c)(3) of title 14, United States Code, is amended— (1) by striking (A) In general .— ; and (2) by striking before final acceptance after Shipping . 306. Updates to fines and penalties (a) Aids to navigation and false distress messages Chapter 5 of title 14, United States Code, is amended— (1) in section 83, by striking $100 and inserting $1,500 ; (2) in section 84, by striking $500 and inserting $5,000 ; (3) in section 85, by striking $100 and inserting $1,500 ; and (4) in section 88(c)(2), by striking $5,000 and inserting $10,000 . (b) Coast Guard ensigns and pennants Section 638(b) of title 14, United States Code, is amended by striking $5,000 and inserting $50,000 . (c) Unauthorized use of words Coast Guard Section 639 of title 14, United States Code, is amended by striking $1,000 and inserting $10,000 . 307. Technical amendment; Coast Guard Academy charges and fees for attendance Section 197(b) of title 14, United States Code, is amended by striking of Homeland Security .