Library / Laws / 113th / s / S. 2444 / Introduced in Senate
II
113th CONGRESS
2d Session
S. 2444
IN THE SENATE OF THE UNITED STATES
June 5, 2014Mr. Begich (for himself, Mr. Rockefeller, Mr. Rubio, Mr. Thune, and Ms. Cantwell) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
A BILL
To authorize appropriations for the Coast Guard for fiscal years 2015 through 2016, and for other
purposes.
1.
Short title; table of contents
(a)
Short title
This Act may be cited as the
Coast Guard Authorization Act for Fiscal Years 2015 and 2016.
(b)
Table of Contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—Authorization
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
TITLE II—Organization
Sec. 201. Commandant; appointment.
Sec. 202. Prevention and response workforces.
Sec. 203. Clarification of Coast Guard ice operations mission.
Sec. 204. Coast Guard centers of expertise.
Sec. 205. Research, development, testing, and evaluation.
Sec. 206. Arctic maritime domain awareness.
Sec. 207. Annual Board of Visitors.
TITLE III—Personnel
Sec. 301. Flag officers; determination of unfitness.
Sec. 302. Acquisition workforce expedited hiring authority.
Sec. 303. Post-service maritime employment opportunities.
Sec. 304. Coast Guard remission of indebtedness.
Sec. 305. Coast Guard family support and child care.
Sec. 306. Active duty for emergency augmentation of regular forces.
Sec. 307. Expedited reimbursement for medical goods and services.
TITLE IV—Administration
Sec. 401. Transmission of annual Coast Guard authorization request.
Sec. 402. Recovery of travel and subsistence costs for prevention services.
Sec. 403. Retired servicemembers and family members serving on advisory committees.
Sec. 404. Housing choices for Coast Guard families with special medical needs.
Sec. 405. Authority to construct Coast Guard child development center facilities.
Sec. 406. Heavy polar icebreaker design and construction.
Sec. 407. Forward operating facilities.
Sec. 408. Enhanced national response capability.
Sec. 409. Updates to fines and penalties.
Sec. 410. Technical amendment; Coast Guard Academy charges and fees for attendance.
TITLE V—Shipping and navigation
Sec. 501. Prompt intergovernmental notice of marine casualties.
Sec. 502. Drug testing reporting.
Sec. 503. Protection and fair treatment of seafarers.
Sec. 504. Vessel requirements for notices of arrival and departure and automatic identification
system.
Sec. 505. Improved safety information for vessels.
Sec. 506. Prompt publication of oil spill information.
Sec. 507. Area contingency plans.
Sec. 508. Coast Guard response plan requirements.
TITLE VI—Miscellaneous
Sec. 601. Waivers.
Sec. 602. Inflationary adjustment for Regional Citizens’ Advisory Council.
I
Authorization
101.
Authorization of appropriations
Funds are authorized to be appropriated for each of fiscal years 2015 and 2016 for necessary
expenses of the Coast
Guard as follows:
(1) For the operation and maintenance of the Coast Guard, $6,981,036,000 for each of fiscal years 2015
and 2016, of which $24,500,000 is
authorized each fiscal year to be derived from the Oil Spill Liability
Trust Fund to carry
out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990
(33 U.S.C. 2712(a)(5)).
(2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore and
offshore facilities, vessels, and aircraft, including equipment related
thereto, $1,545,312,000 for each of fiscal years 2015 and 2016 to remain
available until expended, of which—
(A) $20,000,000 is authorized each fiscal year
to be derived from the Oil Spill Liability Trust Fund to carry out the
purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)); and
(B) $55,000,000 is authorized each fiscal year for a service life extension of 7 to 10 years for the
Coast Guard Cutter POLAR SEA (WAGB 11).
(3) For operation and maintenance of the Coast Guard Reserve program, including personnel and training
costs, equipment, and services, $140,016,000 for each of fiscal years 2015
and 2016.
(4) For research, development, testing, and evaluation of technologies, materials, and human factors
directly related to improving the performance of the Coast Guard’s mission
in support of search and rescue, aids to navigation, marine safety, marine
environmental protection, enforcement of laws and treaties, ice
operations, and defense readiness, $19,890,000 for each of fiscal years
2015 and 2016.
(5) For retired pay (including the payment of obligations otherwise chargeable to lapsed appropriations
for this purpose), payments under the Retired Serviceman’s Family
Protection and Survivor Benefit Plans, and payments for medical and dental
care of retired personnel and their dependents under chapter 55 or title
10, United States Code, $1,460,000,000 for each of fiscal years 2015 and
2016, to remain available until
expended.
(6) For alteration or removal of bridges over navigable waters of the United States constituting
obstructions to navigation, and for personnel and administrative costs
associated with the Alteration of Bridges Program, $16,000,000 for each of
fiscal years 2015 and 2016.
(7) For environmental compliance and restoration functions under chapter 19 of title 14, United States
Code, $16,701,000 for each of fiscal years 2015 and 2016, to remain
available until expended.
102.
Authorized levels of military strength and training
(a)
Active duty strength
The Coast Guard is authorized an end-of-year strength for active duty personnel of 47,000 for
each of fiscal years 2015 and 2016.
(b)
Military training student loads
The Coast Guard is authorized average military training student loads for each of fiscal years 2015
and 2016 as
follows:
(1) For recruit and special training, 2,500 student years.
(2) For flight training, 165 student years.
(3) For professional training in military and civilian institutions, 350 student years.
(4) For officer acquisition, 1,200 student years.
II
Organization
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 4 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
as long as the term is no longer than 4 years..
202.
Prevention and response workforces
Section 57 of title 14, United States Code, is amended—
(1) in subsection (b)—
(A) in paragraph (2) by striking or at the end;
(B) in paragraph (3) by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
(4) waterways operations manager shall have knowledge, skill, and practical experience with respect to
marine transportation system management; or
(5) port and facility safety and security specialist shall have knowledge, skill, and practical
experience with respect to the safety, security, and environmental
protection responsibilities associated with maritime ports and facilities.
;
(2) in subsection (c) by striking or marine safety engineer and inserting marine safety engineer, waterways operations manager, or port and facility safety and security
specialist; and
(3) in subsection (f)(2) by striking investigator or marine safety engineer. and inserting investigator, marine safety engineer, waterways operations manager, or port and facility safety and
security specialist..
203.
Clarification of Coast Guard ice operations mission
(a)
Coast Guard provision of Federal icebreaking services
Chapter 5 of title 14, United States Code, is amended by inserting after section 86 the following:
87.
Provision of icebreaking services
(a)
In general
Notwithstanding any other provision of law, except as provided in subsection (b), the Coast Guard
shall be the sole supplier of icebreaking services, on an advance payment
or reimbursable basis, to each Federal agency that requires icebreaking
services.
(b)
Exception
In the event that a Federal agency requires icebreaking services and the Coast Guard is unable to
provide the services, the Federal agency may acquire icebreaking services
from another entity.
.
(b)
Priority of Coast Guard missions in polar regions
(1)
Section 110
Section 110(b)(2) of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4109(b)(2)) is amended—
(A) by inserting to execute the statutory missions of the Coast Guard and after needed; and
(B) by inserting and all budget authority related to such operations after projects,.
(2)
Section 312
Section 312(c) of the Antarctic Marine Living Resources Convention Act of 1984 (16 U.S.C. 2441(c))
is amended by inserting to execute the statutory missions of the Coast Guard and after needed.
(c)
Conforming amendment
The table of contents for chapter 5 of title 14, United States Code, is amended by inserting after
the item relating to section 86 the following:
87. Provision of icebreaking services.
.
204.
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.
.
205.
Research, development, testing, and evaluation
(a)
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
(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.
.
(b)
Tuition assistance program coverage of textbooks and other educational materials
Section 93(a)(7) of title 14, United States Code, is amended by inserting and those textbooks, manuals, and other materials required as a part of such training or courses of
instruction after correspondence courses,.
(c)
Lease of tidelands and submerged lands under control of the Coast Guard
Section 93 of title 14, United States Code, as amended by subsection (a) of this section, 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.
.
206.
Arctic maritime domain awareness
(a)
In general
Chapter 7 of title 14, United States Code, is amended by adding at the end the following:
154.
Interagency Arctic Maritime Domain Awareness Committee
(a)
Establishment
(1)
In general
The Secretary is authorized to establish an Interagency Arctic Maritime Domain Awareness Committee
(referred to in this section as the Committee). The Commandant shall chair the Committee.
(2)
Purpose
The purpose of the Committee 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 Committee 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
The Secretary and the head of an agency or a department under subsection (a)(3) may—
(1) by agreement, on a reimbursable basis or otherwise, provide representation on the
Committee;
(2) by agreement, on a reimbursable basis or otherwise, share personnel, services, equipment, and
facilities with the Committee for the purpose
under subsection (a)(2); and
(3) 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).
(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
Committee
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 Committee, 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 Committee 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 periodically.
(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 Maritime Domain Awareness Committee.
.
207.
Annual Board of Visitors
Section 194 of title 14, United States Code, is amended to read as follows:
194.
Annual Board of Visitors
(a)
In general
A Board of Visitors to the Coast Guard Academy is established to review and make recommendations on
the operation of the Academy.
(b)
Membership
(1)
In general
The membership of the Board shall consist of the following:
(A) The chairman of the Committee on Commerce, Science, and Transportation of the Senate, or the
chairman’s designee.
(B) The chairman of the Committee on Transportation and Infrastructure of the House of Representatives,
or the chairman’s designee.
(C) 3 Members of the Senate designated by the Vice President.
(D) 4 Members of the House of Representatives designated by the Speaker of the House of
Representatives.
(E) 6 individuals designated by the President.
(2)
Length of service
(A)
Members of Congress
A Member of Congress designated under subparagraph (C) or (D) of paragraph (1) as a member of the
Board shall be designated as a member in the first session of a Congress
and serve for the duration of that Congress.
(B)
Individuals designated by the President
Each individual designated by the President under subparagraph (E) of paragraph (1) shall serve as
a member of the Board for 3 years, except that any such member whose term
of office has expired shall continue to serve until a successor is
appointed.
(3)
Death or resignation of a member
If a member of the Board dies or resigns, a successor shall be designated for any unexpired portion
of the term of the member by the official who designated the member.
(c)
Academy visits
(1)
Annual visit
The Board shall visit the Academy annually to review the operation of the Academy.
(2)
Additional visits
With the approval of the Secretary, the Board or individual members of the Board may make other
visits to the Academy in connection with the duties of the Board or to
consult with the Superintendent of the Academy.
(d)
Scope of review
The Board shall review, with respect to the Academy—
(1) the state of morale and discipline;
(2) the curriculum;
(3) the instruction;
(4) the physical equipment;
(5) the fiscal affairs; and
(6) other matters relating to the Academy that the Board determines appropriate.
(e)
Report
Not later than 60 days after the date of an annual visit of the Board under subsection (c)(1), the
Board shall submit to the Secretary, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the actions of
the Board during such visit and the recommendations of the Board
pertaining to the Academy.
(f)
Advisors
If approved by the Secretary, the Board may consult with advisors in carrying out this section.
(g)
Reimbursement
Each member of the Board and each adviser consulted by the Board under subsection (f) shall be
reimbursed, to the extent permitted by law, by the Coast Guard for actual
expenses incurred while engaged in duties as a member or an adviser.
.
III
Personnel
301.
Flag officers; determination of unfitness
(a)
In general
Subchapter D of chapter 11 of title 14, United States Code, is amended by adding at the end the
following:
316.
Flag officers; determination of unfitness
When the Coast Guard is not operating as a service in the Navy—
(1) section 1216(d) of title 10 shall not apply with respect to any member who is a flag officer being
processed for retirement by reason of age or length of service; and
(2) the Secretary may, with respect to any member who is a flag officer being processed for retirement
by reason of age or length of service—
(A) retire such member under section 1201 of title 10;
(B) place such member on the temporary disability retired list under section 1202 of title 10; or
(C) separate such member from the Coast Guard under section 1203 of title 10;
by reason of unfitness to perform the duties of the flag officer’s office, grade, rank, or rating
without approval by the Secretary of Defense or the recommendation of the
Assistant Secretary of Defense for Health Affairs.
.
(b)
Conforming amendment
The table of contents for subchapter D of chapter 11 of title 14, United States Code, is amended by
adding at the end, the
following:
316. Flag officers; determination of unfitness.
.
302.
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.
303.
Post-service maritime employment opportunities
(a)
Merchant marine post-Service career opportunities
Not later than 180 days after the date of enactment of this Act, the Commandant of the Coast Guard
shall take steps to
promote better awareness, on an ongoing basis, among Coast Guard personnel
regarding post-service use of Coast Guard training, education, and
practical experience as qualifying experience in satisfaction of
requirements for merchant mariner credentials under section 11.213 of
title 46, Code of Federal Regulations.
(b)
Timely provision of sea service letters
Chapter 11 of title 14, United States Code, is amended by inserting after section 427 the
following:
428.
Timely provision of sea service letters
A member of the Coast Guard who will retire or separate from the Service and who is eligible to
receive a sea service letter shall be provided such sea service letter, at
the member's request, not later than 90 days after making such request.
.
(c)
Conforming amendment
The table of contents for chapter 11 of title 14, United States Code, is amended by inserting after
the item relating to
section 427 the following:
428. Timely provision of sea service letters.
.
304.
Coast Guard remission of indebtedness
(a)
In general
Section 461 of title 14, United States Code, is amended to read as follows:
461.
Remission of indebtedness
The Secretary or the Secretary’s designee may have remitted or cancelled any part of an
individual's
indebtedness to the United States or any instrumentality of the United
States if—
(1) the indebtedness was incurred while the individual served on active duty as a member of the Coast
Guard; and
(2) the Secretary or the Secretary’s designee considers remitting or cancelling any part of the
indebtedness to be in the best interest of the United States.
.
(b)
Conforming amendment
The table of contents for chapter 13 of title 14, United States Code, is amended by striking the
item relating to section 461 and
inserting the following:
461. Remission of indebtedness.
.
305.
Coast Guard family support and child care
(a)
Section redesignations
(1)
Reimbursement for adoption expenses
Chapter 13 of part I of title 14, United States Code, is amended by redesignating section 514 as
section 541.
(2)
Child development services
Chapter 13 of part I of title 14, United States Code, is amended by redesignating section 515 as
section 552.
(b)
General provisions
Part I of title 14, United States Code, is amended by inserting before section 541, as
redesignated, the following:
14
Coast Guard family support and child care authorities
A
General provisions
531.
Work-life policies and programs
The Commandant is authorized—
(1) to establish a program for the purpose of developing and promulgating policies that promote or
support the well-being of Coast Guard active duty, reserve, and civilian
personnel, and their families;
(2) to implement and oversee the policies under paragraph (1) as the Commandant considers necessary;
and
(3) to perform such other duties as the Commandant considers necessary to promote or support the
well-being of Coast Guard active duty, reserve, and civilian personnel,
and their families.
532.
Surveys of Coast Guard families
(a)
Authority
Notwithstanding any other provision of law, the Commandant, in order to determine the effectiveness
of Federal programs that promote or support the well-being of Coast Guard
active duty, reserve, and civilian personnel, and their families, may
survey—
(1) any Coast Guard active duty, reserve, or civilian personnel;
(2) any retired Coast Guard member or civilian personnel;
(3) the immediate family of any member or personnel described under paragraph (1) or paragraph (2); and
(4) any survivor of a deceased member.
(b)
Voluntary participation
Participation in any survey conducted under this section shall be voluntary.
(c)
Federal recordkeeping
With respect to a survey authorized under subsection (a) that includes a person referred to in that
subsection who is not an employee of the United States or is not otherwise
considered an employee of the United States for the purposes of section
3502(3)(A)(i) of title 44, the person shall be considered an employee of
the United States for the purposes of that section.
B
Coast guard family support
.
(c)
Coast Guard family support
Part I of title 14, United States Code, is amended by inserting after section 541, as redesignated,
the following:
542.
Education and training opportunities for Coast Guard spouses
(a)
Tuition assistance; education and training
The Commandant may provide, subject to the availability of appropriations, tuition assistance to an
eligible spouse of a member of the Coast Guard in achieving—
(1) the education and training required for a degree or credential, that expands employment and
portable career opportunities for the spouse, at an accredited college,
university, or technical school in the United States; or
(2) the education prerequisites and professional licensure or credentialing required by a government or
government-sanctioned licensing body for an occupation that expands
employment and portable career opportunities for the spouse.
(b)
Definitions
For the purposes of this section—
(1)
Eligible spouse
(A)
In general
The term eligible spouse means the spouse of a member of the Coast Guard who is serving on active duty, including a spouse
who receives transitional support in the case of such a member who is
discharged due to domestic violence.
(B)
Exclusions
The term eligible spouse does not include—
(i) a person who is married to, but legally separated from, a member of the Coast Guard under court
order or statute of any State or territorial possession of the United
States; or
(ii) a person who is eligible for tuition assistance as a member of the armed forces.
(2)
Portable career opportunities
The term portable career opportunities includes an occupation requiring education, training, or both, that results in a credential that
is recognized by an industry, profession, or specific type of business.
543.
Youth sponsorship initiatives
(a)
In general
The Commandant is authorized to establish, within any Coast Guard unit, an initiative to help
integrate into new communities the dependent children of members of the
Coast Guard when the members receive permanent change of station orders.
(b)
Description of initiative
A youth sponsorship initiative under this section shall—
(1) apply to a dependent child who resides in the new community due to a permanent change of station
order;
(2) provide for the involvement of a dependent child of a member of the Coast Guard in the dependent
child's new Coast Guard community; and
(3) primarily focus on children in their preteen and teenage years.
.
(d)
Coast Guard child care
(1)
In general; definitions
Part I of title 14, United States Code, is amended by inserting before section 552, as
redesignated, the following:
C
Coast Guard child care
551.
Definitions
In this subchapter:
(1)
Child abuse and neglect
The term child abuse and neglect has the meaning given the term in section 3 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5101 note).
(2)
Child development center employee
The term child development center employee means a civilian employee of the Coast Guard who is employed to work in a Coast Guard child
development center regardless of whether the employee is paid from
appropriated or nonappropriated funds.
(3)
Coast Guard child development center
(A)
In general
The term Coast Guard child development center means a facility on Coast Guard property or on property under the jurisdiction of the commander of
a Coast Guard unit, at which child care services are provided for members
of the Coast Guard.
(B)
Exclusions
The term Coast Guard child development center does not include a child care services facility for which space is allotted under section 590 of
title 40.
(4)
Competitive service position
The term competitive service position means a position in the competitive service (as defined in section 2102(a)(1) of title 5).
(5)
Family home daycare
The term family home daycare means home-based child care services provided for a member of the Coast Guard by an individual
who—
(A) is certified by the Commandant as qualified to provide home-based child care services; and
(B) provides home-based child care services on a regular basis in exchange for monetary compensation.
.
(2)
Child development services
(A)
Sense of Congress
It is the sense of the Congress that the amount of appropriated funds available during a fiscal
year for operating expenses for Coast Guard child development services
should be, at a minimum, not less than the amount of child development
center fee receipts that are estimated to be collected by the Coast Guard
during that fiscal year. In this subparagraph, the term child development center fee receipts means those nonappropriated funds derived from fees paid by members of the Coast Guard for child
care services provided at Coast Guard child development centers.
(B)
Headings
Section 552 of title 14, United States Code, as redesignated, is amended—
(i) in subsection (a), by inserting In general.— before The Commandant;
(ii) in subsection (b)(1), by inserting Funding for child development services.— before The Commandant;
(iii) in subsection (b)(2)(A), by inserting Parent fees.— before The Commandant;
(iv) in subsection (b)(2)(B), by inserting Waiver authority.— before Fees to be charged; and
(v) in subsection (b)(2)(C), by inserting Fee collection and use.— before The Commandant.
(3)
Child development center standards and inspections
Part I of title 14, United States Code, is amended—
(A) in section 552, as redesignated—
(i) by striking subsections (c) and (e); and
(ii) by redesignating subsection (d) as subsection (c); and
(B) by adding after section 552, as redesignated, the following:
553.
Child development center standards and inspections
(a)
Early childhood development standards
The Commandant shall require that each child development center meets applicable health and safety
standards.
(b)
Safety standards
The Commandant shall require that each child development center under this subchapter meets such
safety standards as the Commandant considers appropriate to ensure the
health, safety, and welfare of the children and employees at the child
development center.
(c)
Inspections
The Commandant shall provide for regular and unannounced inspections of each child development
center under this subchapter to ensure compliance with this section.
(d)
National reporting
(1)
In general
The Commandant shall maintain and publicize a means by which an individual can report—
(A) any suspected violation of—
(i) standards of operation;
(ii) health or safety standards; or
(iii) other law or standards;
(B) any suspected child abuse or neglect; or
(C) any other deficiency at a Coast Guard child development center or in family home daycare.
(2)
Anonymous reporting
The Commandant shall ensure that a report under paragraph (1) can be made anonymously if so desired
by the individual making the report.
(3)
Procedures
The Commandant shall establish procedures for investigating a report under paragraph (1).
.
(4)
Additional child care provisions
Part I is amended by adding after section 553 the following:
554.
Child development center employees
(a)
Training
(1)
In general
The Commandant shall prescribe a training program for Coast Guard child development center
employees. Satisfactory completion of the training program shall be a
condition of employment for an employee of a Coast Guard child development
center. The Commandant shall require each employee complete the training
program not later than 6 months after the date that the employee is
employed as a Coast Guard child development center employee.
(2)
Minimum requirements
The training program shall include, at a minimum, instruction in the following:
(A) Early childhood development.
(B) Activities and disciplinary techniques appropriate to children of different ages.
(C) Child abuse and neglect prevention and detection.
(D) Cardiopulmonary resuscitation and other emergency medical procedures.
(3)
Use of department of defense programs
The Commandant may use Department of Defense training programs on a reimbursable or nonreimbursable
basis, for purposes of complying with the requirements of this subsection.
(b)
Training and curriculum specialists
(1)
Specialist required
The Commandant shall require that at least 1 employee at each Coast Guard child development center
be a specialist in training and curriculum development with appropriate
credentials and experience.
(2)
Duties
The duties of the employee under paragraph (1) shall include the following:
(A) Special teaching activities at the Coast Guard child development center.
(B) Daily oversight and instruction of other child care employees at the Coast Guard child development
center.
(C) Daily assistance in the preparation of lesson plans.
(D) Assisting with child abuse and neglect prevention and detection at the Coast Guard child
development center.
(E) Advising the director of the Coast Guard child development center on the performance of the other
child care employees.
(3)
Competitive service
Each employee under paragraph (1) shall be an employee in a competitive service position.
555.
Parent partnerships with child development centers
(a)
Parent boards
(1)
Formation
The Commandant shall require that there be formed at each Coast Guard child development center a
board of parents, to be composed of parents of children attending the
center.
(2)
Functions
Each parent board shall—
(A) meet periodically with the staff and the commander of the unit served by the center at which the
parent board is formed, for the purpose of discussing problems and
concerns; and
(B) be responsible, together with the staff of that center, for coordinating the parent participation
initiative required under subsection (b).
(3)
FACA
A board of parents under this subsection shall not be subject to the Federal Advisory Committee Act
(5 U.S.C. App.).
(b)
Parent participation initiative
(1)
In general
The Commandant is authorized to establish a parent participation initiative at each Coast Guard
child development center to encourage and facilitate parent participation
in educational and related activities at the center.
(2)
Fee reduction authority
The Commandant, in the case of a parent who participates in an initiative adopted under paragraph
(1), may establish fees at a lower rate than charged under section
552(b)(2)(A) for that parent.
.
(e)
Commandant; general powers
Section 93(a)(7) of title 14, United States Code, as amended by section 205 of this Act, is
further amended by inserting , and to eligible spouses under section 542, after Coast Guard.
(f)
Technical and conforming amendments
(1) Section 652 of the National Defense Authorization Act for Fiscal Year 1993 (14 U.S.C. 514 note) is
amended by striking section 514 each place it appears and inserting section 541.
(2) The table of contents for part I of title 14, United States Code, is amended—
(A) by striking the item relating to section 514;
(B) by striking the item relating to section 515; and
(C) by adding after the item relating to section 518 the following:
Chapter 14. Coast Guard Family Support and Child Care AuthoritiesSubchapter A. General provisions531. Work-life policies and programs.532. Surveys of Coast Guard familiesSubchapter B. Coast Guard family support541. Reimbursement for adoption expenses.542. Education and training opportunities for Coast Guard spouses.543. Youth sponsorship initiatives.Subchapter C. Coast Guard child care551. Definitions.552. Child development services.553. Child development center standards and inspections.554. Child development center employees.555. Parent partnerships with child development centers.
.
306.
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.
.
307.
Expedited reimbursement for medical goods and services
Notwithstanding section 1085 of title 10, United States Code, or any other requirements under
chapter 55 of that title providing for the reimbursement of inpatient or
outpatient medical or dental care that the Department of Defense or a
military department has provided to a member or former member of the Coast
Guard or a dependent thereof, the Secretary of the department in which the
Coast Guard is operating, in lieu of such reimbursement, shall transfer
from funds appropriated for the operating expenses of the Coast Guard an
amount determined by the Board of Actuaries to represent the value of care
that the Department of Defense or a military department shall provide,
during the fiscal year in which funds are made available, to a member or
former member of the Coast Guard or a dependent thereof.
IV
Administration
401.
Transmission of annual Coast Guard authorization request
(a)
In general
Title 14, United States Code, is amended by inserting after section 662 the following:
662a.
Transmission of annual Coast Guard authorization request
(a)
In general
Not later than 30 days after the date on which the President submits to Congress a budget request
for a fiscal year pursuant to section 1105 of title 31, the Secretary
shall submit to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a Coast Guard authorization request with respect
to that fiscal year.
(b)
Coast Guard authorization request defined
In this section, the term Coast Guard authorization request means proposed legislation that, with respect to the Coast Guard for the relevant fiscal year,
includes—
(1) recommended end-of-year strengths for active duty personnel and military training student loads for
that fiscal year, as described in section 661;
(2) recommended authorizations of appropriations for that fiscal year, including with respect to
matters described in section 662; and
(3) any other matter the Secretary considers appropriate for inclusion in a Coast Guard authorization
bill.
.
(b)
Conforming amendment
The table of contents for chapter 17 of title 14, United States Code, is amended by inserting after
the item relating to section 662 the following:
662a. Transmission of annual Coast Guard authorization request.
.
402.
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.
.
403.
Retired servicemembers and family members serving on advisory committees
(a)
In general
Chapter 17 of title 14, United States Code, is amended by adding at the end the following:
679.
Retired servicemembers and family members serving on advisory committees
A committee within the Coast Guard that advises or assists the Coast Guard in the performance of
any function that affects members of military families and includes in its
membership a retired Coast Guard member or a member of a military family
shall not be considered an advisory committee under the Federal Advisory
Committee Act (5 U.S.C. App.) solely because of such membership.
.
(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 678
the following:
679. Retired servicemembers and family members serving on advisory committees.
.
404.
Housing choices for Coast Guard families with special medical needs
(a)
Section redesignations
Chapter 18 of part I of title 14, United States Code, is amended—
(1) by redesignating section 685 as section 682;
(2) by redesignating section 687 as section 683; and
(3) by redesignating section 688 as section 684.
(b)
Housing choices for Coast Guard families with special medical needs
Chapter 18 of part I of title 14, United States Code, as amended by subsection (a) of this section,
is further amended by adding at the end the
following:
685.
Housing choices for Coast Guard families with special medical needs
The remoteness or driving distance from a hospital of an area shall not be the basis, in policy,
for preventing a member of the Coast Guard with a dependent with special
medical needs, such as diabetes, asthma, or moderate disabilities, from
requesting and being granted assignment to a particular area, unless the
Commandant has determined that
such needs cannot be sufficiently met with appropriate services while
residing in that area.
.
(c)
Technical and conforming amendments
(1) Section 682(b) of title 14, United States Code, as redesignated, is amended by striking section 687 and inserting section 683.
(2) The table of contents for part I of title 14, United States Code, is amended—
(A) by striking the item relating to section 685;
(B) by striking the item relating to section 687;
(C) by striking the item relating to section 688; and
(D) by adding after the item relating to section 681 the following:
682. Conveyance of real property.683. Coast Guard Housing Fund.684. Reports.685. Housing choices for Coast Guard families with special medical needs.
.
405.
Authority to construct Coast Guard child development center facilities
(a)
General authority
Section 681 of title 14, United States Code, is amended—
(1) in subsection (a)—
(A) by striking housing or military unaccompanied housing, and inserting housing, military unaccompanied housing, or Coast Guard child development center facilities,; and
(B) by adding at the end the following:
(3) Coast Guard child development center facilities.
; and
(2) in subsection (b), by striking housing or military unaccompanied housing and inserting housing, military unaccompanied housing, or Coast Guard child development center facilities.
(b)
Conveyance of real property
Section 682 of title 14, United States Code, as redesignated under section 404 of this Act, is
amended—
(1) in subsection (a), by striking housing and military unaccompanied housing and inserting housing, military unaccompanied housing, and Coast Guard child development center facilities;
(2) in subsection (b)(1), by striking housing and military unaccompanied housing and inserting housing, military unaccompanied housing, and Coast Guard child development center facilities; and
(3) in subsection (b)(2), by striking housing or military unaccompanied housing and inserting housing, military unaccompanied housing, or Coast Guard child development center facilities.
(c)
Coast Guard housing fund
Section 683 of title 14, United States Code, as redesignated under section 404 of this Act, is
amended—
(1) in subsection (b)(2), by striking housing or military unaccompanied housing and inserting housing, military unaccompanied housing, or Coast Guard child development center facilities;
(2) in subsection (b)(3), by striking housing and military unaccompanied housing and inserting housing, military unaccompanied housing, and Coast Guard child development center facilities; and
(3) in subsection (c), by striking housing and military unaccompanied housing and inserting housing, military unaccompanied housing, and Coast Guard child development center facilities.
(d)
Definitions
Section 680 of title 14, United States Code, is amended—
(1) by redesignating paragraphs (1) through (4) as paragraphs (2) through (6), respectively;
(2) by inserting before paragraph (2), as redesignated, the following:
(1) The term Coast Guard child development center facilities means buildings and ancillary supporting facilities constructed and maintained by the Coast Guard
to provide child care services for members of the Coast Guard.
;
(3) in paragraph (2), as redesignated, by striking housing and military unaccompanied housing and inserting housing, military unaccompanied housing, and Coast Guard child development center facilities; and
(4) in paragraph (3), as redesignated, by striking housing and military unaccompanied housing and inserting housing, military unaccompanied housing, and Coast Guard child development center facilities.
406.
Heavy polar icebreaker design and construction
(a)
Competitive bidding authority
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 of the department in which the Coast Guard is operating has
delegated the authority to provide those services for
vessels not owned by the United States Government.
(b)
Limitation
(1)
In general
The Secretary of the department in which the Coast Guard is operating may not expend amounts
appropriated for the Coast Guard for any of fiscal years 2015 through
2024, for—
(A) design activities related to a capability of a Polar-Class Icebreaker that is based solely on an
operational requirement of another Federal department or agency, except
for amounts appropriated for design activities for a fiscal year before
fiscal year 2016; or
(B) long-lead-time materials, production, or post-delivery activities related to such a capability.
(2)
Other amounts
Amounts made available to the Secretary under an agreement with another Federal department or
agency and expended on a capability of a Polar-Class Icebreaker that is
based solely on an operational requirement of that or another Federal
department
or agency shall not be treated as amounts expended by the Secretary for
purposes of the limitation established under paragraph (1).
407.
Forward operating facilities
The Secretary of the department in which the Coast Guard is operating 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.
408.
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.
409.
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.
410.
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.
V
Shipping and navigation
501.
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 24 hours after receiving notice of a reportable marine casualty under this section,
the
Secretary shall report the marine casualty 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).
.
502.
Drug testing reporting
Section 7706 of title 46, United States Code, is amended—
(1) in subsection (a), by inserting an applicant for employment by a Federal agency, after Federal agency,; and
(2) in subsection (c), by—
(A) inserting or an applicant for employment by a Federal agency after an employee; and
(B) striking the employee. and inserting the employee or the applicant..
503.
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 for the duration of a seafarer's involvement in an
investigation 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 the vessel on which the affected seafarer served 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 2015 and 2016.
504.
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 of the department in
which the Coast Guard is operating 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 of the department in which the Coast Guard is operating 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).
505.
Improved safety information for vessels
Not later than 1 year after the date of enactment of this Act, the Secretary of the department in
which the Coast Guard is operating 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.
506.
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.
507.
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. 479a)) 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;
.
508.
Coast Guard response plan requirements
(a)
Vessel response plan contents
The Secretary of the department in
which the Coast Guard is operating 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.
(b)
Definitions
In this section:
(1)
Mobile offshore drilling unit
The term mobile offshore drilling unit has the meaning given the term in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C.
2701).
(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)).
(c)
Rule of Construction
Nothing in this section shall be construed to require the Coast Guard to review or approve a
facility response plan for a mobile offshore drilling unit.
VI
Miscellaneous
601.
Waivers
(a)
F/V Western Challenger
Notwithstanding sections 12112 and 12132 and chapter 551 of title 46, United States Code, the
Secretary of the department in which the Coast Guard is operating may
issue a license under chapter 121 for the F/V WESTERN CHALLENGER (IMO
number 5388108).
(b)
John Craig
(1)
Exemption
Section 8902 of title 46, United States Code, shall not apply to the vessel JOHN CRAIG (United States official
number 1110613) when such vessel is operating on the portion of the
Kentucky River, Kentucky, located at approximately mile point 158, in Pool
Number 9, between Lock and Dam Number 9 and Lock and Dam Number 10.
(2)
Application
The exemption under paragraph (1) shall apply on and after the date on which the Secretary of the
department in which the Coast Guard is operating determines that a
licensing
requirement has been established under Kentucky State law that applies to
an operator of the vessel JOHN CRAIG.
602.
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 not more than $1,000,000 and inserting not less than $1,400,000.