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.
Short title; table of contents
Short title
This Act may be cited as the
Coast Guard Arctic Preparedness Act
.
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.
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.
Prevention
Clarification of Coast Guard ice operations mission
Coast Guard provision of Federal icebreaking services
Chapter 5 of title 14, United States Code, is amended by inserting after section 86 the following:
Provision of icebreaking services
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.
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.
.
Priority of Coast Guard missions in polar regions
Section 110
Section 110(b)(2) of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4109(b)(2)) is amended—
by inserting to execute the statutory missions of the Coast Guard and
after needed
; and
by inserting and all budget authority related to such operations
after projects,
.
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
.
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.
.
Reactivation of Polar Sea
In general
Section 222 of the Coast Guard and Maritime Transportation Act of 2012 (126 Stat. 1560), is amended—
by amending subsection (d) to read as follows:
Reactivation of Polar Sea
In general
The Secretary shall—
develop a service life extension plan for the reactivation of the Polar Sea, including a timetable for that reactivation; and
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).
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.
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
in subsection (e)—
by striking Except as provided in subsection (d), the
and inserting The
; and
in paragraph (1), by inserting unless it is necessary for purposes of the service life extension plan under subsection (d),
before transfer
.
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.
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.
Vessel requirements for notices of arrival and departure and automatic identification system
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).
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).
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.
Recovery of travel and subsistence costs for prevention services
Title 46, United States Code
Section 2110 of title 46, United States Code, is amended—
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
in subsection (d), by inserting at the end the following:
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.
Reimbursement for services provided under this section may include in kind reimbursement for transportation, travel, and subsistence.
.
Title 14, United States Code
Section 664 of title 14, United States Code, is amended—
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
;
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
by adding at the end the following:
Reimbursement for services provided by the Coast Guard may include in-kind reimbursement for transportation, travel, and subsistence.
.
Preparedness and response
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.
.
Active duty for emergency augmentation of regular forces
Section 712(a) of title 14, United States Code, is amended—
by striking another
and inserting any other
;
by striking prevention of
and inserting prevention of—
;
by inserting (1)
before an imminent
and indenting accordingly;
in paragraph (1), as redesignated, by striking unit.
and inserting unit; and
; and
by inserting at the end the following:
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.
.
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
.
Transmission of annual Coast Guard authorization request
In general
Title 14, United States Code, is amended by inserting after section 662 the following:
Transmission of annual Coast Guard authorization request
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.
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—
recommended end-of-year strengths for active duty personnel and military training student loads for that fiscal year, as described in section 661;
recommended authorizations of appropriations for that fiscal year, including with respect to matters described in section 662; and
any other matter the Secretary considers appropriate for inclusion in a Coast Guard authorization bill.
.
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.
.
Interagency Arctic fusion center
In general
Chapter 7 of title 14, United States Code, is amended by adding at the end the following:
Interagency Arctic fusion center
Establishment
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.
Purpose
The purpose of the Center shall be to improve maritime domain awareness in the Arctic—
by promoting interagency cooperation and coordination;
by employing joint, interagency, and international capabilities; and
by facilitating the sharing of information, intelligence, and data related to the Arctic maritime domain between the participating agencies and departments under paragraph (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:
the Department of Homeland Security;
the Department of Defense;
the Department of Transportation;
the Department of State;
the Department of the Interior;
the National Aeronautics and Space Administration;
the National Oceanic and Atmospheric Administration;
the Environmental Protection Agency; and
the National Science Foundation.
Organization
Staffing and other resources
The Secretary and the head of an agency or department under subsection (a)(3) may—
by agreement, on a reimbursable basis or otherwise, provide permanent representation to the Center;
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
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).
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.
Information sharing
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.
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).
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.
Definitions
In this section—
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).
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.
.
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.
.
Enhanced national response capability
In general
Section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) is amended—
in subsection (a)(23)—
by striking Unit
each place it appears and inserting Functions
; and
by striking established
and inserting maintained
;
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
in subsection (j)(4)(C)(vi), by striking , and into operating procedures of the National Response Unit
.
Conforming amendment
Section 4202(b) of the Oil Pollution Act of 1990 (33 U.S.C. 1321 note) is amended—
by striking paragraph (2); and
by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.
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—
support aircraft maintenance, including exhaust ventilation, heat, engine wash system, head facilities, fuel, ground support services, and electrical power;
provide shelter for both current helicopter assets and those projected to be located at Air Station Kodiak, Alaska, for at least 20 years; and
provide berthing and messing facilities for maintenance and aircrew personnel.
Prompt intergovernmental notice of marine casualties
Section 6101 of title 46, United States Code, is amended by inserting after subsection (b) the following:
Notice to State and tribal governments
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—
each appropriate State agency of a State; and
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.
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).
.
Prompt publication of oil spill information
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.
Timeliness and duration
The Commandant of the Coast Guard shall—
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
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.
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.
Coast Guard centers of expertise
Section 58(b) of title 14, United States Code, is amended to read as follows:
Missions
A center shall—
promote, facilitate, and conduct education, training, and research programs;
develop and maintain a repository of information on operations, practices, and resources; and
perform and support any mission of the Coast Guard that the Commandant may specify.
.
Research, development, testing, and evaluation
Section 93 of title 14, United States Code, is amended—
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
by adding at the end the following:
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.
.
Area contingency plans
Section 311(j)(4) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4)) is amended—
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
;
in subparagraph (B)(ii)—
by striking and local
and inserting , local, and tribal
; and
by striking wildlife;
and inserting wildlife, including advance planning with respect to the closing and reopening of fishing grounds
following a discharge;
;
in subparagraph (B)(iii), by striking and local
and inserting , local, and tribal
; and
in subparagraph (C)—
in clause (iv), by inserting and tribal governments of Indian tribes
after local agencies,
;
by redesignating clauses (vii) and (viii) as clauses (viii) and (ix), respectively; and
by inserting after clause (vi) the following:
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;
.
Coast Guard response plan requirements
Response plan updates
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.
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.
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.
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.
Definitions
In this section:
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)).
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)).
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)).
Protection and fair treatment of seafarers
In general
Chapter 111 of title 46, United States Code, is amended by adding at the end the following:
Protection and fair treatment of seafarers
Purpose
The purpose of this section shall be to ensure the protection and fair treatment of seafarers.
Special fund
Establishment
There is established in the Treasury a special fund known as the Support of Seafarers Fund.
Use of amounts in fund
The amounts deposited into the Fund shall be available to the Secretary, without fiscal year limitation—
to pay necessary support under subsection (c)(1); and
to reimburse a shipowner for necessary support under subsection (c)(2).
Amounts credited to fund
Notwithstanding any other provision of law, the Fund may receive—
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
amounts reimbursed or recovered under subsection (e).
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.
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).
Report required
In general
The Secretary shall submit to Congress, concurrent with the President's budget submission for a given fiscal year, a report that describes—
the amounts credited to the Fund under paragraph (3) for the preceding fiscal year;
in detail, the activities for which amounts were charged; and
the projected level of expenditures from the Fund for the upcoming fiscal year, based on—
on-going activities; and
new cases, derived from historic data.
Exception
Subparagraph (A) shall not apply to obligations during the first fiscal year during which amounts are credited to the Fund.
Fund manager
The Secretary shall designate a Fund manager who shall—
ensure the visibility and accountability of transactions utilizing the Fund;
prepare the report under paragraph (6);
monitor the unobligated balance of the Fund; and
provide notice to the Secretary and the Attorney General whenever the unobligated balance of the Fund is less than $5,000,000.
Authority
The Secretary may—
pay, from amounts appropriated from the Fund, necessary support of—
a seafarer that—
enters, remains, or is paroled into the United States; and
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
a seafarer that the Secretary determines was abandoned in the United States; and
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.
Limitation
Nothing in this section shall be construed—
to create a right, benefit, or entitlement to necessary support; or
to compel the Secretary to pay or reimburse the cost of necessary support.
Reimbursement; recovery
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—
the shipowner—
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
subsequently receives a criminal penalty; or
the shipowner, under any circumstance, abandons a seafarer in the United States, as determined by the Secretary.
Enforcement
If a shipowner fails to reimburse the Fund under paragraph (1), the Secretary may—
proceed in rem against any vessel of the shipowner in the Federal district court for the district in which the vessel is found; and
withhold or revoke the clearance required under section 60105 of any vessel of the shipowner wherever the vessel is found.
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).
Bond and surety
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.
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.
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.
Definitions
In this section:
Abandons; abandoned
The term abandons or abandoned
means—
a shipowner's unilateral severance of ties with a seafarer; or
a shipowner's failure to provide necessary support of a seafarer.
Fund
The term Fund means the Support of Seafarers Fund established under this section.
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.
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.
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.
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 vessel—
that is owned by the United States, a State or political subdivision thereof, or a foreign nation; and
that is not engaged in commerce; and
a bareboat—
that is chartered and operated by the United States, a State or political subdivision thereof, or a foreign nation; and
that is not engaged in commerce.
Regulations
The Secretary may prescribe regulations to implement this section.
.
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.
.
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.
Miscellaneous
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).
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:
Oil transportation in Arctic waters
The Secretary shall—
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
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.
.
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:
Lease of tidelands and submerged lands
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.
Lease described
A lease referred to in paragraph (1) is a lease of the following:
Tidelands under the control of the Coast Guard.
Submerged lands under the control of the Coast Guard.
.
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
.
Coast Guard cutters classification by the American Bureau of Shipping
Section 573(c)(3) of title 14, United States Code, is amended—
by striking (A) In general.—
; and
by striking before final acceptance
after Shipping
.
Updates to fines and penalties
Aids to navigation and false distress messages
Chapter 5 of title 14, United States Code, is amended—
in section 83, by striking $100
and inserting $1,500
;
in section 84, by striking $500
and inserting $5,000
;
in section 85, by striking $100
and inserting $1,500
; and
in section 88(c)(2), by striking $5,000
and inserting $10,000
.
Coast Guard ensigns and pennants
Section 638(b) of title 14, United States Code, is amended by striking $5,000
and inserting $50,000
.
Unauthorized use of words Coast Guard
Section 639 of title 14, United States Code, is amended by striking $1,000
and inserting $10,000
.
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
.