[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2131 Introduced in Senate (IS)]

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.

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

SECTION 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.

SEC. 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.

                          TITLE I--PREVENTION

SEC. 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:
``Sec. 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.''.

SEC. 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.

SEC. 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.

SEC. 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).

SEC. 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.

SEC. 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.''.

                  TITLE II--PREPAREDNESS AND RESPONSE

SEC. 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.''.

SEC. 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.''.

SEC. 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''.

SEC. 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:
``Sec. 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.''.

SEC. 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:
``Sec. 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.''.

SEC. 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.

SEC. 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.

SEC. 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).''.

SEC. 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.

SEC. 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.''.

SEC. 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.''.

SEC. 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;''.

SEC. 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)).

SEC. 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:
``Sec. 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.

                        TITLE III--MISCELLANEOUS

SEC. 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).

SEC. 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.''.

SEC. 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.''.

SEC. 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''.

SEC. 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''.

SEC. 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''.

SEC. 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''.
                                 <all>