Title II — S. 2131 (Introduced in Senate)

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:

“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:

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:

“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:

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—”

(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:

“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:

(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 II — Preparedness and response

II Preparedness and response