One Hundred Thirteenth Congress of the United States of America
2d Session
Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen
S. 2444
IN THE SENATE OF THE UNITED STATES
AN ACT
To authorize appropriations for the Coast Guard for fiscal year 2015, and for other purposes.
Short title
This Act may be cited as the Howard Coble Coast Guard and Maritime Transportation Act of 2014
.
Table of contents
The table of contents for this Act is the following:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—Authorization
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
TITLE II—Coast Guard
Sec. 201. Commissioned officers.
Sec. 202. Commandant; appointment.
Sec. 203. Prevention and response workforces.
Sec. 204. Centers of expertise.
Sec. 205. Penalties.
Sec. 206. Agreements.
Sec. 207. Tuition assistance program coverage of textbooks and other educational materials.
Sec. 208. Coast Guard housing.
Sec. 209. Lease authority.
Sec. 210. Notification of certain determinations.
Sec. 211. Annual Board of Visitors.
Sec. 212. Flag officers.
Sec. 213. Repeal of limitation on medals of honor.
Sec. 214. Coast Guard family support and child care.
Sec. 215. Mission need statement.
Sec. 216. Transmission of annual Coast Guard authorization request.
Sec. 217. Inventory of real property.
Sec. 218. Retired service members and dependents serving on advisory committees.
Sec. 219. Active duty for emergency augmentation of regular forces.
Sec. 220. Acquisition workforce expedited hiring authority.
Sec. 221. Coast Guard administrative savings.
Sec. 222. Technical corrections to title 14.
Sec. 223. Multiyear procurement authority for Offshore Patrol Cutters.
Sec. 224. Maintaining Medium Endurance Cutter mission capability.
Sec. 225. Aviation capability.
Sec. 226. Gaps in writings on Coast Guard history.
Sec. 227. Officer evaluation reports.
Sec. 228. Improved safety information for vessels.
Sec. 229. E–LORAN.
Sec. 230. Analysis of resource deficiencies with respect to maritime border security.
Sec. 231. Modernization of National Distress and Response System.
Sec. 232. Report reconciling maintenance and operational priorities on the Missouri River.
Sec. 233. Maritime Search and Rescue Assistance Policy assessment.
TITLE III—Shipping and Navigation
Sec. 301. Repeal.
Sec. 302. Donation of historical property.
Sec. 303. Small shipyards.
Sec. 304. Drug testing reporting.
Sec. 305. Opportunities for sea service veterans.
Sec. 306. Clarification of high-risk waters.
Sec. 307. Technical corrections.
Sec. 308. Report.
Sec. 309. Fishing safety grant programs.
Sec. 310. Establishment of Merchant Marine Personnel Advisory Committee.
Sec. 311. Travel and subsistence.
Sec. 312. Prompt intergovernmental notice of marine casualties.
Sec. 313. Area Contingency Plans.
Sec. 314. International ice patrol reform.
Sec. 315. Offshore supply vessel third-party inspection.
Sec. 316. Watches.
Sec. 317. Coast Guard response plan requirements.
Sec. 318. Regional Citizens’ Advisory Council.
Sec. 319. Uninspected passenger vessels in the United States Virgin Islands.
Sec. 320. Treatment of abandoned seafarers.
Sec. 321. Website.
Sec. 322. Coast Guard regulations.
TITLE IV—Federal Maritime Commission
Sec. 401. Authorization of appropriations.
Sec. 402. Award of reparations.
Sec. 403. Terms of Commissioners.
TITLE V—Arctic Maritime Transportation
Sec. 501. Arctic maritime transportation.
Sec. 502. Arctic maritime domain awareness.
Sec. 503. IMO Polar Code negotiations.
Sec. 504. Forward operating facilities.
Sec. 505. Icebreakers.
Sec. 506. Icebreaking in polar regions.
TITLE VI—Miscellaneous
Sec. 601. Distant water tuna fleet.
Sec. 602. Extension of moratorium.
Sec. 603. National maritime strategy.
Sec. 604. Waivers.
Sec. 605. Competition by United States flag vessels.
Sec. 606. Vessel requirements for notices of arrival and departure and automatic identification system.
Sec. 607. Conveyance of Coast Guard property in Rochester, New York.
Sec. 608. Conveyance of certain property in Gig Harbor, Washington.
Sec. 609. Vessel determination.
Sec. 610. Safe vessel operation in Thunder Bay.
Sec. 611. Parking facilities.
Authorization
Authorization of appropriations
Funds are authorized to be appropriated for fiscal year 2015 for necessary expenses of the Coast Guard as follows:
For the operation and maintenance of the Coast Guard, $6,981,036,000.
For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft, including equipment related thereto, $1,546,448,000, to remain available until expended.
For the Coast Guard Reserve program, including personnel and training costs, equipment, and services, $140,016,000.
For environmental compliance and restoration of Coast Guard vessels, aircraft, and facilities (other than parts and equipment associated with operation and maintenance), $16,701,000, to remain available until expended.
To the Commandant of the Coast Guard for research, development, test, and evaluation of technologies, materials, and human factors directly related to improving the performance of the Coast Guard's mission with respect to search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness, $19,890,000.
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.
Authorized levels of military strength and training
Active duty strength
The Coast Guard is authorized an end-of-year strength for active duty personnel of 43,000 for fiscal year 2015.
Military training student loads
The Coast Guard is authorized average military training student loads for fiscal year 2015 as follows:
For recruit and special training, 2,500 student years.
For flight training, 165 student years.
For professional training in military and civilian institutions, 350 student years.
For officer acquisition, 1,200 student years.
Coast Guard
Commissioned officers
Section 42(a) of title 14, United States Code, is amended by striking 7,200
and inserting 6,900
.
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 appropriate year
and end on May 31 of the appropriate year, 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 a term begins or
ends if the alteration does not result in the term exceeding a period of 4
years.
.
Prevention and response workforces
Section 57 of title 14, United States Code, is amended—
in subsection (b)—
in paragraph (2) by striking or
at the end;
in paragraph (3) by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
waterways operations manager shall have knowledge, skill, and practical experience with respect to marine transportation system management; or
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.
;
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
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.
.
Centers of expertise
Section 58(b) of title 14, United States Code, is amended to read as follows:
Missions
Any center established under subsection (a) shall—
promote, facilitate, and conduct—
education;
training; and
activities authorized under section 93(a)(4);
be a repository of information on operations, practices, and resources related to the mission for which the center was established; and
perform and support the mission for which the center was established.
.
Penalties
Aids to navigation and false distress messages
Chapter 5 of title 14, United States Code, is amended—
in section 83 by striking $100
and inserting $1,500
;
in section 84 by striking $500
and inserting $1,500
;
in section 85 by striking $100
and inserting $1,500
; and
in section 88(c)(2) by striking $5,000
and inserting $10,000
.
Unauthorized use of words Coast Guard
Section 639 of title 14, United States Code, is amended by striking $1,000
and inserting $10,000
.
Agreements
In general
Section 93(a)(4) of title 14, United States Code, is amended—
by striking , investigate
and inserting and investigate
; and
by striking , and cooperate and coordinate such activities with other Government agencies and with private
agencies
.
Authority
Chapter 5 of title 14, United States Code, as amended by this Act, is further amended by adding at the end the following:
Agreements
In general
In carrying out section 93(a)(4), the Commandant may—
enter into cooperative agreements, contracts, and other agreements with—
Federal entities;
other public or private entities in the United States, including academic entities; and
foreign governments with the concurrence of the Secretary of State; and
impose on and collect from an entity subject to an agreement or contract under paragraph (1) a fee to assist with expenses incurred in carrying out such section.
Deposit and use of fees
Fees collected under this section shall be deposited in the general fund of the Treasury as offsetting receipts. The fees may be used, to the extent provided in advance in an appropriation law, only to carry out activities under section 93(a)(4).
.
Clerical amendment
The analysis for such chapter is amended by adding at the end the following:
102. Agreements.
.
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 the textbooks, manuals, and other materials required as part of such training or course of
instruction
after correspondence courses
.
Coast Guard housing
Commandant; general powers
Section 93(a)(13) of title 14, United States Code, is amended by striking the Treasury
and inserting the fund established under section 687
.
Lighthouse property
Section 672a(b) of title 14, United States Code, is amended by striking the Treasury
and inserting the fund established under section 687
.
Conforming amendment
Section 687(b) of title 14, United States Code, is amended by adding at the end the following:
Monies received under section 93(a)(13).
Amounts received under section 672a(b).
.
Lease authority
Section 93 of title 14, United States Code, is amended by adding at the end the following:
Leasing of Tidelands and Submerged Lands
Authority
The Commandant may lease under subsection (a)(13) submerged lands and tidelands under the control of the Coast Guard without regard to the limitation under that subsection with respect to lease duration.
Limitation
The Commandant may lease submerged lands and tidelands under paragraph (1) only if—
lease payments are—
received exclusively in the form of cash;
equal to the fair market value of the use of the leased submerged lands or tidelands for the period during which such lands are leased, as determined by the Commandant; and
deposited in the fund established under section 687; and
the lease does not provide authority to or commit the Coast Guard to use or support any improvements to such submerged lands or tidelands, or obtain goods or services from the lessee.
.
Notification of certain determinations
In general
Chapter 5 of title 14, United States Code, as amended by this Act, is further amended by adding at the end the following:
Notification of certain determinations
In general
At least 90 days prior to making a final determination that a waterway, or a portion thereof, is navigable for purposes of the jurisdiction of the Coast Guard, the Commandant shall provide notification regarding the proposed determination to—
the Governor of each State in which such waterway, or portion thereof, is located;
the public; and
the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
Content requirement
Each notification provided under subsection (a) to an entity specified in paragraph (3) of that subsection shall include—
an analysis of whether vessels operating on the waterway, or portion thereof, subject to the proposed determination are subject to inspection or similar regulation by State or local officials;
an analysis of whether operators of commercial vessels on such waterway, or portion thereof, are subject to licensing or similar regulation by State or local officials; and
an estimate of the annual costs that the Coast Guard may incur in conducting operations on such waterway, or portion thereof.
.
Clerical amendment
The analysis for such chapter, as amended by this Act, is further amended by adding at the end the following:
103. Notification of certain determinations.
.
Annual Board of Visitors
Section 194 of title 14, United States Code, is amended to read as follows:
Annual Board of Visitors
In general
A Board of Visitors to the Coast Guard Academy is established to review and make recommendations on the operation of the Academy.
Membership
In general
The membership of the Board shall consist of the following:
The chairman of the Committee on Commerce, Science, and Transportation of the Senate, or the chairman’s designee.
The chairman of the Committee on Transportation and Infrastructure of the House of Representatives, or the chairman’s designee.
3 Members of the Senate designated by the Vice President.
4 Members of the House of Representatives designated by the Speaker of the House of Representatives.
6 individuals designated by the President.
Length of service
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.
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.
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.
Academy visits
Annual visit
The Board shall visit the Academy annually to review the operation of the Academy.
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.
Scope of review
The Board shall review, with respect to the Academy—
the state of morale and discipline;
the curriculum;
instruction;
physical equipment;
fiscal affairs; and
other matters relating to the Academy that the Board determines appropriate.
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.
Advisors
If approved by the Secretary, the Board may consult with advisors in carrying out this section.
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 adviser.
.
Flag officers
In general
Title 14, United States Code, is amended by inserting after section 295 the following:
Flag officers
During any period in which the Coast Guard is not operating as a service in the Navy, section 1216(d) of title 10 does not apply with respect to flag officers of the Coast Guard.
.
Clerical amendment
The analysis for chapter 11 of title 14, United States Code, is amended by inserting after the item relating to section 295 the following:
296. Flag officers.
.
Repeal of limitation on medals of honor
Section 494 of title 14, United States Code, is amended by striking “medal of honor,” each place it appears.
Coast Guard family support and child care
In general
Title 14, United States Code, as amended by this Act, is further amended by inserting after chapter 13 the following:
Coast Guard family support and child care
Subchapter I—General provisions
Sec.
531. Work-life policies and programs.
532. Surveys of Coast Guard families.
Subchapter II—Coast Guard family support
542. Education and training opportunities for Coast Guard spouses.
543. Youth sponsorship initiatives.
Subchapter III—Coast Guard child care
551. Definitions.
553. Child development center standards and inspections.
554. Child development center employees.
555. Parent partnerships with child development centers.
General provisions
Work-life policies and programs
The Commandant is authorized—
to establish an office for the purpose of developing, promulgating, and coordinating policies, programs, and activities related to the families of Coast Guard members;
to implement and oversee policies, programs, and activities described in paragraph (1) as the Commandant considers necessary; and
to perform such other duties as the Commandant considers necessary.
Surveys of Coast Guard families
Authority
The Commandant, in order to determine the effectiveness of Federal policies, programs, and activities related to the families of Coast Guard members, may survey—
any Coast Guard member;
any retired Coast Guard member;
the immediate family of any Coast Guard member or retired Coast Guard member; and
any survivor of a deceased Coast Guard member.
Voluntary participation
Participation in any survey conducted under subsection (a) shall be voluntary.
Federal recordkeeping
Each person surveyed under subsection (a) shall be considered an employee of the United States for purposes of section 3502(3)(A)(i) of title 44.
Coast Guard family support
Education and training opportunities for Coast Guard spouses
Tuition assistance
The Commandant may provide, subject to the availability of appropriations, tuition assistance to an eligible spouse to facilitate the acquisition of—
education and training required for a degree or credential at an accredited college, university, or technical school in the United States that expands employment and portable career opportunities for the spouse; or
education prerequisites and a professional license or credential required, by a government or government-sanctioned licensing body, for an occupation that expands employment and portable career opportunities for the spouse.
Definitions
In this section, the following definitions apply:
Eligible spouse
In general
The term eligible spouse means the spouse of a member of the Coast Guard who is serving on active duty and includes a spouse who receives transitional compensation under section 1059 of title 10.
Exclusion
The term eligible spouse does not include a person who—
is married to, but legally separated from, a member of the Coast Guard under a court order or statute of any State or territorial possession of the United States; or
is eligible for tuition assistance as a member of the Armed Forces.
Portable career
The term portable career includes an occupation that requires education, training, or both that results in a credential that is recognized by an industry, profession, or specific type of business.
Youth sponsorship initiatives
In general
The Commandant is authorized to establish, within any Coast Guard unit, an initiative to help integrate into new surroundings the dependent children of members of the Coast Guard who received permanent change of station orders.
Description of initiative
An initiative established under subsection (a) shall—
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
primarily focus on preteen and teenaged children.
Authority
In carrying out an initiative under subsection (a), the Commandant may—
provide to a dependent child of a member of the Coast Guard information on youth programs and activities available in the dependent child’s new Coast Guard community; and
enter into agreements with nonprofit entities to provide youth programs and activities to such child.
Coast Guard child care
Definitions
In this subchapter, the following definitions apply:
Child abuse and neglect
The term child abuse and neglect has the meaning given that term in section 3 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note).
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 without regard to whether the employee is paid from appropriated or nonappropriated funds.
Coast Guard child development center
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.
Competitive service position
The term competitive service position means a position in the competitive service (as defined in section 2102 of title 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—
is certified by the Commandant as qualified to provide home-based child care services; and
provides home-based child care services on a regular basis in exchange for monetary compensation.
Child development center standards and inspections
Standards
The Commandant shall require each Coast Guard child development center to meet standards that the Commandant considers appropriate to ensure the health, safety, and welfare of the children and employees at the center.
Inspections
The Commandant shall provide for regular and unannounced inspections of each Coast Guard child development center to ensure compliance with this section.
National reporting
In general
The Commandant shall maintain and publicize a means by which an individual can report, with respect to a Coast Guard child development center or a family home daycare—
any suspected violation of—
standards established under subsection (a); or
any other applicable law or standard;
suspected child abuse or neglect; or
any other deficiency.
Anonymous reporting
The Commandant shall ensure that an individual making a report pursuant to paragraph (1) may do so anonymously if so desired by the individual.
Procedures
The Commandant shall establish procedures for investigating reports made pursuant to paragraph (1).
Child development center employees
Training
In general
The Commandant shall establish a training program for Coast Guard child development center employees and satisfactory completion of the training program shall be a condition of employment for each employee of a Coast Guard child development center.
Timing for new hires
The Commandant shall require each employee of a Coast Guard child development center to complete the training program established under paragraph (1) not later than 6 months after the date on which the employee is hired.
Minimum requirements
The training program established under paragraph (1) shall include, at a minimum, instruction with respect to—
early childhood development;
activities and disciplinary techniques appropriate to children of different ages;
child abuse and neglect prevention and detection; and
cardiopulmonary resuscitation and other emergency medical procedures.
Use of Department of Defense programs
The Commandant may use Department of Defense training programs, on a reimbursable or nonreimbursable basis, for purposes of this subsection.
Training and curriculum specialists
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.
Duties
The duties of the specialist described in paragraph (1) shall include—
special teaching activities;
daily oversight and instruction of other child care employees;
daily assistance in the preparation of lesson plans;
assisting with child abuse and neglect prevention and detection; and
advising the director of the center on the performance of the other child care employees.
Competitive service
Each specialist described in paragraph (1) shall be an employee in a competitive service position.
Parent partnerships with child development centers
Parent boards
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.
Functions
Each board of parents formed under paragraph (1) shall—
meet periodically with the staff of the center at which the board is formed and the commander of the unit served by the center, for the purpose of discussing problems and concerns; and
be responsible, together with the staff of the center, for coordinating any parent participation initiative established under subsection (b).
FACA
The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to a board of parents formed under paragraph (1).
Parent participation initiative
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.
.
Transfer of provisions
In general
Reimbursement for adoption expenses
Section 514 of title 14, United States Code, is redesignated as section 541 and transferred to appear before section 542 of such title, as added by subsection (a) of this section.
Child development services
Section 515 of title 14, United States Code—
is redesignated as section 552 and transferred to appear after section 551 of such title, as added by subsection (a) of this section; and
is amended—
in subsection (b)(2)(B) by inserting and whether a family is participating in an initiative established under section 555(b)
after family income
;
by striking subsections (c) and (e); and
by redesignating subsection (d) as subsection (c).
Dependent school children
Section 657 of title 14, United States Code—
is redesignated as section 544 and transferred to appear after section 543 of such title, as added by subsection (a) of this section; and
is amended in subsection (a) by striking Except as otherwise
and all that follows through the Secretary may
and inserting The Secretary may
.
Conforming amendments
Part I
The analysis for part I of title 14, United States Code, is amended by inserting after the item relating to chapter 13 the following:
.
Chapter 13
The analysis for chapter 13 of title 14, United States Code, is amended—
by striking the item relating to section 514; and
by striking the item relating to section 515.
Chapter 14
The analysis for chapter 14 of title 14, United States Code, as added by subsection (a) of this section, is amended by inserting—
before the item relating to section 542 the following:
541. Reimbursement for adoption expenses.
;
after the item relating to section 551 the following:
552. Child development services.
; and
after the item relating to section 543 the following:
544. Dependent school children.
.
Chapter 17
The analysis for chapter 17 of title 14, United States Code, is amended by striking the item relating to section 657.
Commandant; general powers
Section 93(a)(7) of title 14, United States Code, as amended by this Act, is further amended by inserting “, and to eligible spouses as defined under section 542,” after “Coast Guard”.
Sense of Congress
In general
It is the sense of Congress that the amount of funds appropriated for a fiscal year for operating expenses related to Coast Guard child development services should not be less than the amount of the child development center fee receipts estimated to be collected by the Coast Guard during that fiscal year.
Child development center fee receipts defined
In this subsection, the term child development center fee receipts means fees paid by members of the Coast Guard for child care services provided at Coast Guard child development centers.
Mission need statement
In general
Section 569 of title 14, United States Code, is amended to read as follows:
Mission need statement
In general
On the date on which the President submits to Congress a budget for fiscal year 2016 under section 1105 of title 31, on the date on which the President submits to Congress a budget for fiscal year 2019 under such section, and every 4 years thereafter, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an integrated major acquisition mission need statement.
Definitions
In this section, the following definitions apply:
Integrated major acquisition mission need statement
The term integrated major acquisition mission need statement means a document that—
identifies current and projected gaps in Coast Guard mission capabilities using mission hour targets;
explains how each major acquisition program addresses gaps identified under subparagraph (A) if funded at the levels provided for such program in the most recently submitted capital investment plan; and
describes the missions the Coast Guard will not be able to achieve, by fiscal year, for each gap identified under subparagraph (A).
Major acquisition program
The term major acquisition program has the meaning given that term in section 569a(e).
Capital investment plan
The term capital investment plan means the plan required under section 663(a)(1).
.
Clerical amendment
The analysis for chapter 15 of title 14, United States Code, is amended by striking the item relating to section 569 and inserting the following:
569. Mission need statement.
.
Transmission of annual Coast Guard authorization request
In general
Title 14, United States Code, as amended by this Act, is further amended by inserting after section 662 the following:
Transmission of annual Coast Guard authorization request
In general
Not later than 30 days after the date on which the President submits to Congress a budget for a fiscal year pursuant to section 1105 of title 31, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a Coast Guard authorization request with respect to such fiscal year.
Coast Guard authorization request defined
In this section, the term Coast Guard authorization request means a proposal for legislation that, with respect to the Coast Guard for the relevant fiscal year—
recommends end strengths for personnel for that fiscal year, as described in section 661;
recommends authorizations of appropriations for that fiscal year, including with respect to matters described in section 662; and
addresses any other matter that the Secretary determines is appropriate for inclusion in a Coast Guard authorization bill.
.
Clerical amendment
The analysis for chapter 17 of title 14, United States Code, as amended by this Act, is further amended by inserting after the item relating to section 662 the following:
662a. Transmission of annual Coast Guard authorization request.
.
Inventory of real property
In general
Chapter 17 of title 14, United States Code, is amended by adding at the end the following:
Inventory of real property
In general
Not later than September 30, 2015, the Commandant shall establish an inventory of all real property, including submerged lands, under the control of the Coast Guard, which shall include—
the size, the location, and any other appropriate description of each unit of such property;
an assessment of the physical condition of each unit of such property, excluding lands;
a determination of whether each unit of such property should be—
retained to fulfill a current or projected Coast Guard mission requirement; or
subject to divestiture; and
other information the Commandant considers appropriate.
Inventory maintenance
The Commandant shall—
maintain the inventory required under subsection (a) on an ongoing basis; and
update information on each unit of real property included in such inventory not later than 30 days after any change relating to the control of such property.
Recommendations to Congress
Not later than March 30, 2016, and every 5 years thereafter, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes—
a list of all real property under the control of the Coast Guard and the location of such property by property type;
recommendations for divestiture with respect to any units of such property; and
recommendations for consolidating any units of such property, including—
an estimate of the costs or savings associated with each recommended consolidation; and
a discussion of the impact that such consolidation would have on Coast Guard mission effectiveness.
.
Clerical amendment
The analysis for such chapter, as amended by this Act, is further amended by adding at the end the following:
679. Inventory of real property.
.
Retired service members and dependents serving on advisory committees
In general
Chapter 17 of title 14, United States Code, as amended by this Act, is further amended by adding at the end the following:
Retired service members and dependents serving on advisory committees
A committee that—
advises or assists the Coast Guard with respect to a function that affects a member of the Coast Guard or a dependent of such a member; and
includes in its membership a retired Coast Guard member or a dependent of such a retired member;
shall not be considered an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.) solely because of such membership.
.
Clerical amendment
The analysis for such chapter, as amended by this Act, is further amended by inserting after the item relating to section 679 the following:
680. Retired service members and dependents serving on advisory committees.
.
Active duty for emergency augmentation of regular forces
Section 712(a) of title 14, United States Code, is amended by striking not more than 60 days in any 4-month period and
.
Acquisition workforce expedited hiring authority
Section 404(b) of the Coast Guard Authorization Act of 2010 (Public Law 111–281; 124 Stat. 2951) is
amended by striking 2015
and inserting 2017
.
Coast Guard administrative savings
Elimination of outdated and duplicative reports
Marine industry training
Section 59 of title 14, United States Code, is amended—
by striking (a) In general.—The Commandant
and inserting The Commandant
; and
by striking subsection (b).
Operations and expenditures
Section 651 of title 14, United States Code, and the item relating to such section in the analysis for chapter 17 of such title, are repealed.
Drug interdiction
Section 103 of the Coast Guard Authorization Act of 1996 (14 U.S.C. 89 note), and the item relating to that section in the table of contents in section 2 of that Act, are repealed.
National defense
Section 426 of the Maritime Transportation Security Act of 2002 (14 U.S.C. 2 note), and the item relating to that section in the table of contents in section 1(b) of that Act, are repealed.
Living marine resources
Section 4(b) of the Cruise Vessel Security and Safety Act of 2010 (16 U.S.C. 1828 note) is amended by adding at the end the following: “No report shall be required under this subsection, including that no report shall be required under section 224 of the Coast Guard and Maritime Transportation Act of 2004 or section 804 of the Coast Guard and Maritime Transportation Act of 2006, for fiscal years beginning after fiscal year 2014.”.
Consolidation and reform of reporting requirements
Marine safety
In general
Section 2116(d)(2)(B) of title 46, United States Code, is amended to read as follows:
on the program’s mission performance in achieving numerical measurable goals established under subsection (b), including—
the number of civilian and military Coast Guard personnel assigned to marine safety positions; and
an identification of marine safety positions that are understaffed to meet the workload required to accomplish each activity included in the strategy and plans under subsection (a); and
.
Conforming amendment
Section 57 of title 14, United States Code, as amended by this Act, is further amended—
by striking subsection (e); and
by redesignating subsections (f), (g), and (h) as subsections (e), (f), and (g) respectively.
Minor construction
Section 656(d)(2) of title 14, United States Code, is amended to read as follows:
Report
Not later than the date on which the President submits to Congress a budget under section 1105 of title 31 each year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing each project carried out under paragraph (1), in the most recently concluded fiscal year, for which the amount expended under such paragraph for such project was more than $1,000,000. If no such project was carried out during a fiscal year, no report under this paragraph shall be required with respect to that fiscal year.
.
Technical corrections to title 14
Title 14, United States Code, as amended by this Act, is further amended—
in section 93(b)(1) by striking Notwithstanding subsection (a)(14)
and inserting Notwithstanding subsection (a)(13)
; and
in section 197(b) by striking of Homeland Security
.
Multiyear procurement authority for Offshore Patrol Cutters
In fiscal year 2015 and each fiscal year thereafter, the Secretary of the department in which the Coast Guard is operating may enter into, in accordance with section 2306b of title 10, United States Code, multiyear contracts for the procurement of Offshore Patrol Cutters and associated equipment.
Maintaining Medium Endurance Cutter mission capability
Not later than 120 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes—
a schedule and plan for decommissioning, not later than September 30, 2029, each of the 210-foot, Reliance-Class Cutters operated by the Coast Guard on the date of enactment of this Act;
a schedule and plan for enhancing the maintenance or extending the service life of each of the 270-foot, Famous-Class Cutters operated by the Coast Guard on the date of enactment of this Act—
to maintain the capability of the Coast Guard to carry out sea-going missions with respect to such Cutters at the level of capability existing on September 30, 2013; and
for the period beginning on the date of enactment of this Act and ending on the date on which the final Offshore Patrol Cutter is scheduled to be commissioned under paragraph (4);
an identification of the number of Offshore Patrol Cutters capable of sea state 5 operations that, if 8 National Security Cutters are commissioned, are necessary to return the sea state 5 operating capability of the Coast Guard to the level of capability that existed prior to the decommissioning of the first High Endurance Cutter in fiscal year 2011;
a schedule and plan for commissioning the number of Offshore Patrol Cutters identified under paragraph (3); and
a schedule and plan for commissioning, not later than September 30, 2034, a number of Offshore Patrol Cutters not capable of sea state 5 operations that is equal to—
25; less
the number of Offshore Patrol Cutters identified under paragraph (3).
Aviation capability
In general
The Secretary of the department in which the Coast Guard is operating may—
request and accept through a direct military-to-military transfer under section 2571 of title 10, United States Code, such H–60 helicopters as may be necessary to establish a year-round operational capability in the Coast Guard’s Ninth District; and
use funds provided under section 101 of this Act to convert such helicopters to Coast Guard MH–60T configuration.
Prohibition
In general
The Coast Guard may not—
close a Coast Guard air facility that was in operation on November 30, 2014; or
retire, transfer, relocate, or deploy an aviation asset from an air facility described in subparagraph (A) for the purpose of closing such facility.
Sunset
This subsection is repealed effective January 1, 2016.
Gaps in writings on Coast Guard history
Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard 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 report on any gaps that exist in writings on the history of the Coast Guard. The report shall address, at a minimum, operations, broad topics, and biographies with respect to the Coast Guard.
Officer evaluation reports
Assessment required
Not later than 180 days after the date of enactment of this Act, the Commandant of the Coast Guard shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written assessment of the Coast Guard’s officer evaluation reporting system.
Contents of assessment
The assessment required under subsection (a) shall include, at a minimum, an analysis of—
the extent to which the Coast Guard’s officer evaluation reports differ in length, form, and content from the officer fitness reports used by the Navy and other branches of the Armed Forces;
the extent to which differences determined pursuant to paragraph (1) are the result of inherent differences between—
the Coast Guard and the Navy; and
the Coast Guard and other branches of the Armed Forces;
the feasibility of more closely aligning and conforming the Coast Guard’s officer evaluation reports with the officer fitness reports of the Navy and other branches of the Armed Forces; and
the costs and benefits of the alignment and conformity described in paragraph (3), including with respect to—
Coast Guard administrative efficiency;
fairness and equity for Coast Guard officers; and
carrying out the Coast Guard’s statutory mission of defense readiness, including when operating as a service in the Navy.
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 process that allows an operator of a marine exchange or other non-Federal vessel traffic information service to use the automatic identification system to transmit weather, ice, and other important navigation safety information to vessels.
E–LORAN
In general
The Secretary of the department in which the Coast Guard is operating may not carry out activities related to the dismantling or disposal of infrastructure that supported the former LORAN system until the later of—
the date that is 1 year after the date of enactment of this Act; or
the date on which the Secretary provides to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate notice of a determination by the Secretary that such infrastructure is not required to provide a positioning, navigation, and timing system to provide redundant capability in the event GPS signals are disrupted.
Exception
Subsection (a) does not apply to activities necessary for the safety of human life.
Agreements
The Secretary may enter into cooperative agreements, contracts, and other agreements with Federal entities and other public or private entities, including academic entities, to develop a positioning, navigation, and timing system, including an enhanced LORAN system, to provide redundant capability in the event GPS signals are disrupted.
Analysis of resource deficiencies with respect to maritime border security
In general
Not later than 120 days after the date of enactment of this Act, the Commandant of the Coast Guard shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives a report describing any Coast Guard resource deficiencies related to—
securing maritime borders with respect to the Great Lakes and the coastal areas of the Southeastern and Southwestern United States, including with respect to Florida, California, Puerto Rico, and the United States Virgin Islands;
patrolling and monitoring maritime approaches to the areas described in paragraph (1); and
patrolling and monitoring relevant portions of the Western Hemisphere Drug Transit Zone.
Scope
In preparing the report under subsection (a), the Commandant shall consider, at a minimum—
the Coast Guard’s statutory missions with respect to migrant interdiction, drug interdiction, defense readiness, living marine resources, and ports, waterways, and coastal security;
whether Coast Guard missions are being executed to meet national performance targets set under the National Drug Control Strategy;
the number and types of cutters and other vessels required to effectively execute Coast Guard missions;
the number and types of aircraft, including unmanned aircraft, required to effectively execute Coast Guard missions;
the number of assets that require upgraded sensor and communications systems to effectively execute Coast Guard missions;
the Deployable Specialized Forces required to effectively execute Coast Guard missions; and
whether additional shoreside facilities are required to accommodate Coast Guard personnel and assets in support of Coast Guard missions.
Modernization of National Distress and Response System
Report
Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the implementation of the Rescue 21 project in Alaska and in Coast Guard sectors Upper Mississippi River, Lower Mississippi River, and Ohio River Valley.
Contents
The report required under subsection (a) shall—
describe what improvements are being made to the distress response system in the areas specified in subsection (a), including information on which areas will receive digital selective calling and direction finding capability;
describe the impediments to installing digital selective calling and direction finding capability in areas where such technology will not be installed;
identify locations in the areas specified in subsection (a) where communication gaps will continue to present a risk to mariners after completion of the Rescue 21 project;
include a list of all reported marine accidents, casualties, and fatalities occurring in the locations identified under paragraph (3) since 1990; and
provide an estimate of the costs associated with installing the technology necessary to close communication gaps in the locations identified under paragraph (3).
Report reconciling maintenance and operational priorities on the Missouri River
Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard 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 report that outlines a course of action to reconcile general maintenance priorities for cutters with operational priorities on the Missouri River.
Maritime Search and Rescue Assistance Policy assessment
In general
The Commandant of the Coast Guard shall assess the Maritime Search and Rescue Assistance Policy as it relates to State and local responders.
Scope
The assessment under subsection (a) shall consider, at a minimum—
the extent to which Coast Guard search and rescue coordinators have entered into domestic search and rescue agreements with State and local responders under the National Search and Rescue Plan;
whether the domestic search and rescue agreements include the Maritime Search and Rescue Assistance Policy; and
the extent to which Coast Guard sectors coordinate with 911 emergency centers, including ensuring the dissemination of appropriate maritime distress check-sheets.
Report
Not later than 180 days after the date of enactment of this Act, the Commandant of the Coast Guard shall submit a report on the assessment under subsection (a) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
Shipping and Navigation
Repeal
Chapter 555 of title 46, United States Code, is amended—
by repealing section 55501;
by redesignating section 55502 as section 55501; and
in the analysis by striking the items relating to sections 55501 and 55502 and inserting the following:
55501. United States Committee on the Marine Transportation System.
.
Donation of historical property
Section 51103 of title 46, United States Code, is amended by adding at the end the following:
Donation for historical purposes
In general
The Secretary may convey the right, title, and interest of the United States Government in any property administered by the Maritime Administration, except real estate or vessels, if—
the Secretary determines that such property is not needed by the Maritime Administration; and
the recipient—
is a nonprofit organization, a State, or a political subdivision of a State;
agrees to hold the Government harmless for any claims arising from exposure to hazardous materials, including asbestos, polychlorinated biphenyls, or lead paint, after conveyance of the property;
provides a description and explanation of the intended use of the property to the Secretary for approval;
has provided to the Secretary proof, as determined by the Secretary, of resources sufficient to accomplish the intended use provided under clause (iii) and to maintain the property;
agrees that when the recipient no longer requires the property, the recipient shall—
return the property to the Secretary, at the recipient’s expense and in the same condition as received except for ordinary wear and tear; or
subject to the approval of the Secretary, retain, sell, or otherwise dispose of the property in a manner consistent with applicable law; and
agrees to any additional terms the Secretary considers appropriate.
Reversion
The Secretary shall include in any conveyance under this subsection terms under which all right, title, and interest conveyed by the Secretary shall revert to the Government if the Secretary determines the property has been used other than as approved by the Secretary under paragraph (1)(B)(iii).
.
Small shipyards
Section 54101(i) of title 46, United States Code, is amended by striking 2009 through 2013
and inserting 2015 through 2017
.
Drug testing reporting
Section 7706 of title 46, United States Code, is amended—
in subsection (a), by inserting an applicant for employment by a Federal agency,
after Federal agency,
; and
in subsection (c), by—
inserting or an applicant for employment by a Federal agency
after an employee
; and
striking the employee.
and inserting the employee or the applicant.
.
Opportunities for sea service veterans
Endorsements for veterans
Section 7101 of title 46, United States Code, is amended by adding at the end the following:
The Secretary may issue a license under this section in a class under subsection (c) to an applicant that—
has at least 3 months of qualifying service on vessels of the uniformed services (as that term is defined in section 101(a) of title 10) of appropriate tonnage or horsepower within the 7-year period immediately preceding the date of application; and
satisfies all other requirements for such a license.
.
Sea service letters
In general
Title 14, United States Code, is amended by inserting after section 427 the following:
Sea service letters
In general
The Secretary shall provide a sea service letter to a member or former member of the Coast Guard who—
accumulated sea service on a vessel of the armed forces (as such term is defined in section 101(a) of title 10); and
requests such letter.
Deadline
Not later than 30 days after receiving a request for a sea service letter from a member or former member of the Coast Guard under subsection (a), the Secretary shall provide such letter to such member or former member if such member or former member satisfies the requirement under subsection (a)(1).
.
Clerical amendment
The analysis for chapter 11 of title 14, United States Code, is amended by inserting after the item relating to section 427 the following:
428. Sea service letters.
.
Crediting of United States Armed Forces service, training, and qualifications
Maximizing creditability
The Secretary of the department in which the Coast Guard is operating, in implementing United States merchant mariner license, certification, and document laws and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, shall maximize the extent to which United States Armed Forces service, training, and qualifications are creditable toward meeting the requirements of such laws and such Convention.
Notification
Not later than 90 days after the date of enactment of this Act, the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the steps taken to implement this subsection.
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 in satisfaction of requirements for merchant mariner credentials under section 11.213 of title 46, Code of Federal Regulations.
Clarification of high-risk waters
Section 55305(e) of title 46, United States Code, is amended—
in paragraph (1)—
by striking provide armed personnel aboard
and inserting reimburse, subject to the availability of appropriations, the owners or operators of
; and
by inserting for the cost of providing armed personnel aboard such vessels
before if
; and
by striking paragraphs (2) and (3) and inserting the following:
In this subsection, the term high-risk waters means waters so designated by the Commandant of the Coast Guard in the maritime security directive issued by the Commandant and in effect on the date on which an applicable voyage begins, if the Secretary of Transportation—
determines that an act of piracy occurred in the 12-month period preceding the date the voyage begins; or
in such period, issued an advisory warning that an act of piracy is possible in such waters.
.
Technical corrections
Title 46
Section 2116(b)(1)(D) of title 46, United States Code, is amended by striking section 93(c)
and inserting section 93(c) of title 14
.
Coast Guard and Maritime Transportation Act of 2006
Section 304(a) of the Coast Guard and Maritime Transportation Act of 2006 (Public Law 109–241; 33
U.S.C. 1503 note) is amended by inserting and from
before the United States
.
Deepwater Port Act of 1974
Section 4(i) of the Deepwater Port Act of 1974 (33 U.S.C. 1503(i)) is amended by inserting or that will supply
after be supplied with
.
Report
Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the number of jobs, including vessel construction and vessel operating jobs, that would be created in the United States maritime industry each year in 2015 through 2025 if liquified natural gas exported from the United States were required to be carried—
before December 31, 2018, on vessels documented under the laws of the United States; and
on and after such date, on vessels documented under the laws of the United States and constructed in the United States.
Fishing safety grant programs
Fishing safety training grant program
Section 4502(i)(4) of title 46, United States Code, is amended by striking 2010 through 2014
and inserting 2015 through 2017
.
Fishing safety research grant program
Section 4502(j)(4) of title 46, United States Code, is amended by striking 2010 through 2014
and inserting 2015 through 2017
.
Establishment of Merchant Marine Personnel Advisory Committee
Establishment
Chapter 81 of title 46, United States Code, is amended by adding at the end the following:
Merchant Marine Personnel Advisory Committee
Establishment
The Secretary shall establish a Merchant Marine Personnel Advisory Committee (in this section
referred to as the Committee
). The Committee—
shall act solely in an advisory capacity to the Secretary through the Commandant of the Coast Guard on matters relating to personnel in the United States merchant marine, including training, qualifications, certification, documentation, and fitness standards, and other matters as assigned by the Commandant;
shall review and comment on proposed Coast Guard regulations and policies relating to personnel in the United States merchant marine, including training, qualifications, certification, documentation, and fitness standards;
may be given special assignments by the Secretary and may conduct studies, inquiries, workshops, and fact finding in consultation with individuals and groups in the private sector and with State or local governments;
shall advise, consult with, and make recommendations reflecting its independent judgment to the Secretary;
shall meet not less than twice each year; and
may make available to Congress recommendations that the Committee makes to the Secretary.
Membership
In general
The Committee shall consist of not more than 19 members who are appointed by and serve terms of a duration determined by the Secretary. Before filling a position on the Committee, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the Committee.
Required members
Subject to paragraph (3), the Secretary shall appoint as members of the Committee—
9 United States citizens with active licenses or certificates issued under chapter 71 or merchant mariner documents issued under chapter 73, including—
3 deck officers who represent the viewpoint of merchant marine deck officers, of whom—
2 shall be licensed for oceans any gross tons;
1 shall be licensed for inland river route with a limited or unlimited tonnage;
2 shall have a master’s license or a master of towing vessels license;
1 shall have significant tanker experience; and
to the extent practicable—
1 shall represent the viewpoint of labor; and
another shall represent a management perspective;
3 engineering officers who represent the viewpoint of merchant marine engineering officers, of whom—
2 shall be licensed as chief engineer any horsepower;
1 shall be licensed as either a limited chief engineer or a designated duty engineer; and
to the extent practicable—
1 shall represent a labor viewpoint; and
another shall represent a management perspective;
2 unlicensed seamen, of whom—
1 shall represent the viewpoint of able-bodied seamen; and
another shall represent the viewpoint of qualified members of the engine department; and
1 pilot who represents the viewpoint of merchant marine pilots;
6 marine educators, including—
3 marine educators who represent the viewpoint of maritime academies, including—
2 who represent the viewpoint of State maritime academies and are jointly recommended by such State maritime academies; and
1 who represents either the viewpoint of the State maritime academies or the United States Merchant Marine Academy; and
3 marine educators who represent the viewpoint of other maritime training institutions, 1 of whom shall represent the viewpoint of the small vessel industry;
2 individuals who represent the viewpoint of shipping companies employed in ship operation management; and
2 members who are appointed from the general public.
Consultation
The Secretary shall consult with the Secretary of Transportation in making an appointment under paragraph (2)(B)(i)(II).
Chairman and Vice Chairman
The Secretary shall designate one member of the Committee as the Chairman and one member of the Committee as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of the Chairman, or in the event of a vacancy in the office of the Chairman.
Subcommittees
The Committee may establish and disestablish subcommittees and working groups for any purpose consistent with this section, subject to conditions imposed by the Committee. Members of the Committee and additional persons drawn from the general public may be assigned to such subcommittees and working groups. Only Committee members may chair subcommittee or working groups.
Termination
The Committee shall terminate on September 30, 2020.
.
Clerical amendment
The analysis for such chapter is amended by adding at the end the following:
8108. Merchant Marine Personnel Advisory Committee.
.
Travel and subsistence
Title 46, United States Code
Section 2110 of title 46, United States Code, is amended—
by amending subsection (b) to read as follows:
In addition to the collection of fees and charges established under subsection (a), in providing a service or thing of value under this subtitle the Secretary may accept in-kind transportation, travel, and subsistence.
The value of in-kind transportation, travel, and subsistence accepted under this paragraph may not exceed applicable per diem rates set forth in regulations prescribed under section 464 of title 37.
; and
in subsection (c), by striking subsections (a) and (b),
and inserting subsection (a),
.
Title 14, United States Code
Section 664 of title 14, United States Code, is amended by redesignating subsections (e) though (g) as subsections (f) through (h), respectively, and by inserting after subsection (d) the following:
In addition to the collection of fees and charges established under this section, in the provision of a service or thing of value by the Coast Guard the Secretary may accept in-kind transportation, travel, and subsistence.
The value of in-kind transportation, travel, and subsistence accepted under this paragraph may not exceed applicable per diem rates set forth in regulations prescribed under section 464 of title 37.
.
Limitation
The Secretary of the Department in which the Coast Guard is operating may not accept in-kind transportation, travel, or subsistence under section 664(e) of title 14, United States Code, or section 2110(d)(4) of title 46, United States Code, as amended by this section, until the Commandant of the Coast Guard—
amends the Standards of Ethical Conduct for members and employees of the Coast Guard to include regulations governing the acceptance of in-kind reimbursements; and
notifies the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the amendments made under paragraph (1).
Prompt intergovernmental notice of marine casualties
Section 6101 of title 46, United States Code, is amended—
by inserting after subsection (b) the following:
Notice to State and tribal governments
Not later than 24 hours after receiving a notice of a major marine casualty under this section, the Secretary shall notify each State or federally recognized Indian tribe that is, or may reasonably be expected to be, affected by such marine casualty.
;
in subsection (h)—
by striking (1)
; and
by redesignating subsection (h)(2) as subsection (i) of section 6101, and in such subsection—
by striking paragraph,
and inserting section,
; and
by redesignating subparagraphs (A) through (D) as paragraphs (1) through (4); and
by redesignating the last subsection as subsection (j).
Area Contingency Plans
Section 311(j)(4) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4)) is amended—
in subparagraph (A), by striking qualified personnel of Federal, State, and local agencies.
and inserting “qualified—
personnel of Federal, State, and local agencies; and
members of federally recognized Indian tribes, where applicable.
;
in subparagraph (B)(ii)—
by striking and local
and inserting , local, and tribal
; and
by striking wildlife;
and inserting wildlife, including advance planning with respect to the closing and reopening of fishing areas
following a discharge;
;
in subparagraph (B)(iii), by striking and local
and inserting , local, and tribal
; and
in subparagraph (C)—
in clause (iv), by striking and Federal, State, and local agencies
and inserting , Federal, State, and local agencies, and tribal governments
;
by redesignating clauses (vii) and (viii) as clauses (viii) and (ix), respectively; and
by inserting after clause (vi) the following:
include a framework for advance planning and decisionmaking with respect to the closing and reopening of fishing areas following a discharge, including protocols and standards for the closing and reopening of fishing areas;
.
International ice patrol reform
In general
Chapter 803 of title 46, United States Code, is amended—
in section 80301, by adding at the end the following:
Payments
Payments received pursuant to subsection (b)(1) shall be credited to the appropriation for operating expenses of the Coast Guard.
;
in section 80302—
in subsection (b), by striking An ice patrol vessel
and inserting The ice patrol
;
in subsection (c)(1), by striking An ice patrol vessel
and inserting The ice patrol
; and
in the first sentence of subsection (d), by striking vessels
and inserting aircraft
; and
by adding at the end the following:
Limitation on ice patrol data
Notwithstanding sections 80301 and 80302, data collected by an ice patrol conducted by the Coast Guard under this chapter may not be disseminated to a vessel unless such vessel is—
documented under the laws of the United States; or
documented under the laws of a foreign country that made the payment or contribution required under section 80301(b) for the year preceding the year in which the data is collected.
.
Clerical amendment
The analysis for such chapter is amended by adding at the end the following:
80304. Limitation on ice patrol data.
.
Effective date
This section shall take effect on January 1, 2017.
Offshore supply vessel third-party inspection
Section 3316 of title 46, United States Code, is amended by redesignating subsection (f) as subsection (g), and by inserting after subsection (e) the following:
Upon request of an owner or operator of an offshore supply vessel, the Secretary shall delegate the authorities set forth in paragraph (1) of subsection (b) with respect to such vessel to a classification society to which a delegation is authorized under that paragraph. A delegation by the Secretary under this subsection shall be used for any vessel inspection and examination function carried out by the Secretary, including the issuance of certificates of inspection and all other related documents.
If the Secretary determines that a certificate of inspection or related document issued under authority delegated under paragraph (1) of this subsection with respect to a vessel has reduced the operational safety of that vessel, the Secretary may terminate the certificate or document, respectively.
Not later than 2 years after the date of the enactment of the Howard Coble Coast Guard and Maritime Transportation Act of 2014, and for each year of the subsequent 2-year period, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing—
the number of vessels for which a delegation was made under paragraph (1);
any savings in personnel and operational costs incurred by the Coast Guard that resulted from the delegations; and
based on measurable marine casualty and other data, any impacts of the delegations on the operational safety of vessels for which the delegations were made, and on the crew on those vessels.
.
Watches
Section 8104 of title 46, United States Code, is amended—
in subsection (d), by striking coal passers, firemen, oilers, and water tenders
and inserting and oilers
; and
in subsection (g)(1), by striking (except the coal passers, firemen, oilers, and water tenders)
.
Coast Guard response plan requirements
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 includes information from the facility response plan prepared for the mobile offshore drilling unit regarding the planned response to a worst case discharge, and to a threat of such a discharge.
Definitions
In this section:
Mobile offshore drilling unit
The term mobile offshore drilling unit
has the meaning given that term in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701).
Response plan
The term response plan
means a response plan prepared under section 311(j) of the Federal Water Pollution Control Act (33
U.S.C. 1321(j)).
Worst case discharge
The term worst case discharge
has the meaning given that term under section 311(a) of the Federal Water Pollution Control Act
(33 U.S.C. 1321(a)).
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.
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
.
Uninspected passenger vessels in the United States Virgin Islands
In General
Section 4105 of title 46, United States Code, is amended—
by redesignating subsection (b) as subsection (c); and
by inserting after subsection (a) the following:
In applying this title with respect to an uninspected vessel of less than 24 meters overall in
length that carries passengers to or from a port in the United States
Virgin Islands, the Secretary shall substitute 12 passengers
for 6 passengers
each place it appears in section 2101(42) if the Secretary determines that the vessel complies
with, as applicable to the vessel—
the Code of Practice for the Safety of Small Commercial Motor Vessels (commonly referred to as the Yellow Code
), as published by the U.K. Maritime and Coastguard Agency and in effect on January 1, 2014; or
the Code of Practice for the Safety of Small Commercial Sailing Vessels (commonly referred to as
the Blue Code
), as published by such agency and in effect on such date.
If the Secretary establishes standards to carry out this subsection—
such standards shall be identical to those established in the Codes of Practice referred to in paragraph (1); and
on any dates before the date on which such standards are in effect, the Codes of Practice referred to in paragraph (1) shall apply with respect to the vessels referred to in paragraph (1).
.
Technical correction
Section 4105(c) of title 46, United States Code, as redesignated by subsection (a)(1) of this
section, is amended by striking Within twenty-four months of the date of enactment of this subsection, the
and inserting The
.
Treatment of abandoned seafarers
In general
Chapter 111 of title 46, United States Code, is amended by adding at the end the following:
Treatment of abandoned seafarers
Abandoned Seafarers Fund
Establishment
There is established in the Treasury a separate account to be known as the Abandoned Seafarers Fund.
Authorized uses
Amounts in the Fund may be appropriated to the Secretary for use—
to pay necessary support of a seafarer—
who—
was paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)), or for whom the Secretary has requested parole under such section; and
is involved in an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of law by the Coast Guard; or
who—
is physically present in the United States;
the Secretary determines was abandoned in the United States; and
has not applied for asylum under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); and
to reimburse a vessel owner or operator for the costs of 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 law by the Coast Guard, if—
the vessel owner or operator is not convicted of a criminal offense related to such matter; or
the Secretary determines that reimbursement is appropriate.
Crediting of amounts to fund
In general
Except as provided in subparagraph (B), there shall be credited to the Fund the following:
Penalties deposited in the Fund under section 9 of the Act to Prevent Pollution from Ships (33 U.S.C. 1908).
Amounts reimbursed or recovered under subsection (c).
Limitation
Amounts may be credited to the Fund under subparagraph (A) only if the unobligated balance of the Fund is less than $5,000,000.
Report required
On the date on which the President submits each budget for a fiscal year pursuant to section 1105 of title 31, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that describes—
the amounts credited to the Fund under paragraph (2) for the preceding fiscal year; and
amounts in the Fund that were expended for the preceding fiscal year.
Limitation
Nothing in this section shall be construed—
to create a private right of action or any other right, benefit, or entitlement to necessary support for any person; or
to compel the Secretary to pay or reimburse the cost of necessary support.
Reimbursement; recovery
In general
A vessel owner or operator shall reimburse the Fund an amount equal to the total amount paid from the Fund for necessary support of a seafarer, if—
the vessel owner or operator—
during the course of an investigation, reporting, documentation, or adjudication of any matter under this Act that the Coast Guard referred to a United States attorney or the Attorney General, fails to provide necessary support of a seafarer who was paroled into the United States to facilitate the investigation, reporting, documentation, or adjudication; and
subsequently is—
convicted of a criminal offense related to such matter; or
required to reimburse the Fund pursuant to a court order or negotiated settlement related to such matter; or
the vessel owner or operator abandons a seafarer in the United States, as determined by the Secretary based on substantial evidence.
Enforcement
If a vessel owner or operator fails to reimburse the Fund under paragraph (1) within 60 days after receiving a written, itemized description of reimbursable expenses and a demand for payment, the Secretary may—
proceed in rem against the vessel on which the seafarer served in the Federal district court for the district in which the vessel is found; and
withhold or revoke the clearance required under section 60105 for the vessel and any other vessel operated by the same operator (as that term is defined in section 2(9)(a) of the Act to Prevent Pollution from Ships (33 U.S.C. 1901(9)(a)) as the vessel on which the seafarer served.
Obtaining clearance
A vessel may obtain clearance from the Secretary after it is withheld or revoked under paragraph (2)(B) if the vessel owner or operator—
reimburses the Fund the amount required under paragraph (1); or
provides a bond, or other evidence of financial responsibility, sufficient to meet the amount required to be reimbursed under paragraph (1).
Notification required
The Secretary shall notify the vessel at least 72 hours before taking any action under paragraph (2)(B).
Definitions
In this section:
Abandons; abandoned
Each of the terms abandons
and abandoned
means—
a vessel owner’s or operator’s unilateral severance of ties with a seafarer; or
a vessel owner’s or operator’s failure to provide necessary support of a seafarer.
Fund
The term Fund
means the Abandoned Seafarers Fund established under this section.
Necessary support
The term necessary support
means normal wages and expenses the Secretary considers reasonable for lodging, subsistence,
clothing, medical care (including hospitalization), repatriation, and any
other support the Secretary considers to be appropriate.
Seafarer
The term seafarer
means an alien crew member who is employed or engaged in any capacity on board a vessel subject to
the jurisdiction of the United States.
Vessel subject to the jurisdiction of the United States
The term vessel subject to the jurisdiction of the United States
has the meaning given that term in section 70502(c), except that it does not include a vessel that
is—
owned, or operated under a bareboat charter, by the United States, a State or political subdivision thereof, or a foreign nation; and
not engaged in commerce.
.
Clerical amendment
The analysis for such chapter is amended by adding at the end the following:
11113. Treatment of abandoned seafarers.
.
Conforming amendment
Section 9 of the Act to Prevent Pollution from Ships (33 U.S.C. 1908) is amended by adding at the end the following:
Any penalty collected under subsection (a) or (b) that is not paid under that subsection to the person giving information leading to the conviction or assessment of such penalties shall be deposited in the Abandoned Seafarers Fund established under section 11113 of title 46, United States Code.
.
Website
Reports to Secretary of Transportation; incidents and details
Section 3507(g)(3)(A) of title 46, United States Code, is amended—
in clause (ii) by striking the incident to an Internet based portal maintained by the Secretary
and inserting each incident specified in clause (i) to the Internet website maintained by the Secretary of
Transportation under paragraph (4)(A)
; and
in clause (iii) by striking based portal maintained by the Secretary
and inserting website maintained by the Secretary of Transportation under paragraph (4)(A)
.
Availability of incident data on Internet
Section 3507(g)(4) of title 46, United States Code, is amended—
by striking subparagraph (A) and inserting the following:
Website
In general
The Secretary of Transportation shall maintain a statistical compilation of all incidents on board a cruise vessel specified in paragraph (3)(A)(i) on an Internet website that provides a numerical accounting of the missing persons and alleged crimes reported under that paragraph without regard to the investigative status of the incident.
Updates and other requirements
The compilation under clause (i) shall—
be updated not less frequently than quarterly;
be able to be sorted by cruise line;
identify each cruise line by name;
identify each crime or alleged crime committed or allegedly committed by a passenger or crewmember;
identify the number of individuals alleged overboard; and
include the approximate number of passengers and crew carried by each cruise line during each quarterly reporting period.
User-friendly format
The Secretary of Transportation shall ensure that the compilation, data, and any other information provided on the Internet website maintained under this subparagraph are in a user-friendly format. The Secretary shall, to the greatest extent practicable, use existing commercial off the shelf technology to transfer and establish the website, and shall not independently develop software, or acquire new hardware in operating the site.
; and
in subparagraph (B) by striking Secretary
and inserting Secretary of Transportation
.
Coast Guard regulations
In general
Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating 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 an analysis of the Coast Guard’s proposed promulgation of safety and environmental management system requirements for vessels engaged in Outer Continental Shelf activities. The analysis shall include—
a discussion of any new operational, management, design and construction, financial, and other mandates that would be imposed on vessel owners and operators;
an estimate of all associated direct and indirect operational, management, personnel, training, vessel design and construction, record keeping, and other costs;
an identification and justification of any of such proposed requirements that exceed those in international conventions applicable to the design, construction, operation, and management of vessels engaging in United States Outer Continental Shelf activities; and
an identification of exemptions to the proposed requirements, that are based upon vessel classification, tonnage, offshore activity or function, alternative certifications, or any other appropriate criteria.
Limitation
The Secretary may not issue proposed regulations relating to safety and environmental management system requirements for vessels on the United States Outer Continental Shelf for which noticed was published on September 10, 2013 (78 Fed. Reg. 55230) earlier than 6 months after the submittal of the analysis required by subsection (a).
Federal Maritime Commission
Authorization of appropriations
There is authorized to be appropriated to the Federal Maritime Commission $24,700,000 for fiscal year 2015.
Award of reparations
Section 41305 of title 46, United States Code, is amended—
in subsection (b), by striking , plus reasonable attorney fees
; and
by adding at the end the following:
Attorney fees
In any action brought under section 41301, the prevailing party may be awarded reasonable attorney fees.
.
Terms of Commissioners
In general
Section 301(b) of title 46, United States Code, is amended—
by amending paragraph (2) to read as follows:
Terms
The term of each Commissioner is 5 years. When the term of a Commissioner ends, the Commissioner may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. Except as provided in paragraph (3), no individual may serve more than 2 terms.
; and
by redesignating paragraph (3) as paragraph (5), and inserting after paragraph (2) the following:
Vacancies
A vacancy shall be filled in the same manner as the original appointment. An individual appointed to fill a vacancy is appointed only for the unexpired term of the individual being succeeded. An individual appointed to fill a vacancy may serve 2 terms in addition to the remainder of the term for which the predecessor of that individual was appointed.
Conflicts of interest
Limitation on relationships with regulated entities
A Commissioner may not have a pecuniary interest in, hold an official relation to, or own stocks or bonds of any entity the Commission regulates under chapter 401 of this title.
Limitation on other activities
A Commissioner may not engage in another business, vocation, or employment.
.
Applicability
The amendment made by subsection (a)(1) does not apply with respect to a Commissioner of the Federal Maritime Commission appointed and confirmed by the Senate before the date of the enactment of this Act.
Arctic Maritime Transportation
Arctic maritime transportation
Arctic maritime transportation
Chapter 5 of title 14, United States Code, is amended by inserting after section 89 the following:
Arctic maritime transportation
Purpose
The purpose of this section is to ensure safe and secure maritime shipping in the Arctic including the availability of aids to navigation, vessel escorts, spill response capability, and maritime search and rescue in the Arctic.
International Maritime Organization Agreements
To carry out the purpose of this section, the Secretary is encouraged to enter into negotiations through the International Maritime Organization to conclude and execute agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations to ensure, in the Arctic—
placement and maintenance of aids to navigation;
appropriate marine safety, tug, and salvage capabilities;
oil spill prevention and response capability;
maritime domain awareness, including long-range vessel tracking; and
search and rescue.
Coordination by Committee on the Maritime Transportation System
The Committee on the Maritime Transportation System established under section 55501 of title 46, United States Code, shall coordinate the establishment of domestic transportation policies in the Arctic necessary to carry out the purpose of this section.
Agreements and contracts
The Secretary may, subject to the availability of appropriations, enter into cooperative agreements, contracts, or other agreements with, or make grants to, individuals and governments to carry out the purpose of this section or any agreements established under subsection (b).
Icebreaking
The Secretary shall promote safe maritime navigation by means of icebreaking where necessary, feasible, and effective to carry out the purposes of this section.
Arctic definition
In this section, the term Arctic
has the meaning given such term in section 112 of the Arctic Research and Policy Act of 1984 (15
U.S.C. 4111).
.
Clerical amendment
The analysis for such chapter is amended by inserting after the item relating to section 89 the following:
90. Arctic maritime transportation
.
Conforming amendment
Section 307 of the Coast Guard Authorization Act of 2010 (Public Law 111–281; 14 U.S.C. 92 note) is repealed.
Arctic maritime domain awareness
In general
Chapter 7 of title 14, United States Code, is amended by adding at the end the following:
Arctic maritime domain awareness
In general
The Commandant shall improve maritime domain awareness in the Arctic—
by promoting interagency cooperation and coordination;
by employing joint, interagency, and international capabilities; and
by facilitating the sharing of information, intelligence, and data related to the Arctic maritime domain between the Coast Guard and departments and agencies listed in subsection (b).
Coordination
The Commandant shall seek to coordinate the collection, sharing, and use of information, intelligence, and data related to the Arctic maritime domain between the Coast Guard and the following:
The Department of Homeland Security.
The Department of Defense.
The Department of Transportation.
The Department of State.
The Department of the Interior.
The National Aeronautics and Space Administration.
The National Oceanic and Atmospheric Administration.
The Environmental Protection Agency.
The National Science Foundation.
The Arctic Research Commission.
Any Federal agency or commission or State the Commandant determines is appropriate.
Cooperation
The Commandant and the head of a department or agency listed in subsection (b) may by agreement, on a reimbursable basis or otherwise, share personnel, services, equipment, and facilities to carry out the requirements of this section.
5-year strategic plan
Not later than January 1, 2016 and every 5 years thereafter, the Commandant 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 5-year strategic plan to guide interagency and international intergovernmental cooperation and coordination for the purpose of improving maritime domain awareness in the Arctic.
Definitions
In this section the term Arctic
has the meaning given that term in section 112 of the Arctic Research and Policy Act of 1984 (15
U.S.C. 4111).
.
Clerical amendment
The analysis for such chapter is amended by inserting after the item relating to section 153 the following:
154. Arctic maritime domain awareness.
.
IMO Polar Code negotiations
Not later than 30 days after the date of the enactment of this Act, and thereafter with the submission of the budget proposal submitted for each of fiscal years 2016, 2017, and 2018 under section 1105 of title 31, United States Code, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a report on—
the status of the negotiations at the International Maritime Organization regarding the establishment of a draft international code of safety for ships operating in polar waters, popularly known as the Polar Code, and any amendments proposed by such a code to be made to the International Convention for the Safety of Life at Sea and the International Convention for the Prevention of Pollution from Ships;
the coming into effect of such a code and such amendments for nations that are parties to those conventions;
impacts, for coastal communities located in the Arctic (as that term is defined in the section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111)) of such a code or such amendments, on—
the costs of delivering fuel and freight; and
the safety of maritime transportation; and
actions the Secretary must take to implement the requirements of such a code and such amendments.
Forward operating facilities
The Secretary of the department in which the Coast Guard is operating may construct facilities in the Arctic (as that term is defined in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111). The facilities shall—
support aircraft maintenance, including exhaust ventilation, heat, an engine wash system, fuel, ground support services, and electrical power;
provide shelter for both current helicopter assets and those projected to be located at Air Station Kodiak, Alaska, for at least 20 years; and
include accommodations for personnel.
Icebreakers
Coast Guard polar icebreakers
Section 222 of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112–213; 126 Stat. 1560) is amended—
in subsection (d)(2)—
in the paragraph heading by striking ; bridging strategy
; and
by striking Commandant of the Coast Guard
and all that follows through the period at the end and inserting Commandant of the Coast Guard may decommission the Polar Sea.
;
by adding at the end of subsection (d) the following:
Result of no determination
If in the analysis submitted under this section the Secretary does not make a determination under subsection (a)(5) regarding whether it is cost effective to reactivate the Polar Sea, then—
the Commandant of the Coast Guard may decommission the Polar Sea; or
the Secretary may make such determination, not later than 90 days after the date of the enactment of Howard Coble Coast Guard and Maritime Transportation Act of 2014, and take actions in accordance with this subsection as though such determination was made in the analysis previously submitted.
;
by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and
by inserting after subsection (d) the following:
Strategies
In general
Not later than 180 days after the date on which the analysis required under subsection (a) is submitted, the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—
unless the Secretary makes a determination under this section that it is cost effective to reactivate the Polar Sea, a bridging strategy for maintaining the Coast Guard’s polar icebreaking services until at least September 30, 2024;
a strategy to meet the Coast Guard’s Arctic ice operations needs through September 30, 2050; and
a strategy to meet the Coast Guard’s Antarctic ice operations needs through September 30, 2050
Requirement
The strategies required under paragraph (1) shall include a business case analysis comparing the leasing and purchasing of icebreakers to maintain the needs and services described in that paragraph.
.
Cutter Polar Sea
Upon the submission of a service life extension plan in accordance with section 222(d)(1)(C) of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112–213; 126 Stat. 1560), the Secretary of the department in which the Coast Guard is operating may use funds authorized under section 101 of this Act to conduct a service life extension of 7 to 10 years for the Coast Guard Cutter Polar Sea (WAGB 11) in accordance with such plan.
Limitation
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—
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
long-lead-time materials, production, or post-delivery activities related to such a capability.
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).
Icebreaking in polar regions
In general
Chapter 5 of title 14, United States Code, is amended by inserting after section 86 the following:
Icebreaking in polar regions
The President shall facilitate planning for the design, procurement, maintenance, deployment, and operation of icebreakers as needed to support the statutory missions of the Coast Guard in the polar regions by allocating all funds to support icebreaking operations in such regions, except for recurring incremental costs associated with specific projects, to the Coast Guard.
.
Clerical amendment
The analysis for such chapter is amended by inserting after the item relating to section 86 the following:
87. Icebreaking in polar regions.
.
Miscellaneous
Distant water tuna fleet
Section 421 of the Coast Guard and Maritime Transportation Act of 2006 (46 U.S.C. 8103 note) is amended—
by striking subsections (c) and (e); and
by redesignating subsections (d) and (f) as subsections (c) and (d), respectively.
Extension of moratorium
Section 2(a) of Public Law 110–299 (33 U.S.C. 1342 note) is amended by striking 2014
and inserting 2017
.
National maritime strategy
In general
Not later than 60 days after the date of the enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of the department in which the Coast Guard is operating, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a national maritime strategy.
Contents
The strategy required under subsection (a) shall—
identify—
Federal regulations and policies that reduce the competitiveness of United States flag vessels in international transportation markets; and
the impact of reduced cargo flow due to reductions in the number of members of the United States Armed Forces stationed or deployed outside of the United States; and
include recommendations to—
make United States flag vessels more competitive in shipping routes between United States and foreign ports;
increase the use of United States flag vessels to carry cargo imported to and exported from the United States;
ensure compliance by Federal agencies with chapter 553 of title 46, United States Code;
increase the use of third-party inspection and certification authorities to inspect and certify vessels;
increase the use of short sea transportation routes, including routes designated under section 55601(c) of title 46, United States Code, to enhance intermodal freight movements; and
enhance United States shipbuilding capability.
Waivers
John Craig
In general
Section 8902 of title 46, United States Code, shall not apply to the vessel John Craig (United States official number D1110613) 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.
Application
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.
F/V Western Challenger
Notwithstanding section 12132 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for the F/V Western Challenger (IMO number 5388108).
Competition by United States flag vessels
In general
The Commandant of the Coast Guard shall enter into an arrangement with the National Academy of Sciences to conduct an assessment of authorities under subtitle II of title 46, United States Code, that have been delegated to the Coast Guard and that impact the ability of vessels documented under the laws of the United States to effectively compete in international transportation markets.
Review of differences with IMO standards
The assessment under subsection (a) shall include a review of differences between United States laws, policies, regulations, and guidance governing the inspection of vessels documented under the laws of the United States and standards set by the International Maritime Organization governing the inspection of vessels.
Deadline
Not later than 180 days after the date on which the Commandant enters into an arrangement with the National Academy of Sciences under subsection (a), the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the assessment required under such subsection.
Vessel requirements for notices of arrival and departure and automatic identification system
Not later than 30 days after the date of the enactment of this Act, the Secretary of the department
in which the Coast Guard is operating shall notify the Committee on
Transportation and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate of the
status of the final rule that relates to the notice of proposed rulemaking
titled Vessel Requirements for Notices of Arrival and Departure, and Automatic Identification System
and published in the Federal Register on December 16, 2008 (73 Fed. Reg. 76295).
Conveyance of Coast Guard property in Rochester, New York
Conveyance authorized
The Commandant of the Coast Guard is authorized to convey, at fair market value, all right, title, and interest of the United States in and to a parcel of real property, consisting of approximately 0.2 acres, that is under the administrative control of the Coast Guard and located at 527 River Street in Rochester, New York.
Right of first refusal
The City of Rochester, New York, shall have the right of first refusal with respect to the purchase, at fair market value, of the real property described in subsection (a).
Survey
The exact acreage and legal description of the property described in subsection (a) shall be determined by a survey satisfactory to the Commandant.
Fair market value
The fair market value of the property described in subsection (a) shall—
be determined by appraisal; and
be subject to the approval of the Commandant.
Costs of conveyance
The responsibility for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with a conveyance under subsection (a) shall be determined by the Commandant and the purchaser.
Additional terms and conditions
The Commandant may require such additional terms and conditions in connection with a conveyance under subsection (a) as the Commandant considers appropriate and reasonable to protect the interests of the United States.
Deposit of proceeds
Any proceeds from a conveyance under subsection (a) shall be deposited in the fund established under section 687 of title 14, United States Code.
Conveyance of certain property in Gig Harbor, Washington
Definitions
In this section, the following definitions apply:
City
The term City means the city of Gig Harbor, Washington.
Property
The term Property means the parcel of real property, together with any improvements thereon, consisting of approximately 0.86 acres of fast lands commonly identified as tract 65 of lot 1 of section 8, township 21 north, range 2 east, Willamette Meridian, on the north side of the entrance of Gig Harbor, narrows of Puget Sound, Washington.
Secretary
The term “Secretary” means the Secretary of the Interior.
Conveyance
Authority to convey
Not later than 30 days after the date on which the Secretary of the department in which the Coast Guard is operating relinquishes the reservation of the Property for lighthouse purposes, at the request of the City and subject to the requirements of this section, the Secretary shall convey to the City all right, title, and interest of the United States in and to the Property, notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713).
Terms of conveyance
A conveyance made under paragraph (1) shall be made—
subject to valid existing rights;
at the fair market value as described in subsection (c); and
subject to any other condition that the Secretary may consider appropriate to protect the interests of the United States.
Costs
The City shall pay any transaction or administrative costs associated with a conveyance under paragraph (1), including the costs of the appraisal, title searches, maps, and boundary and cadastral surveys.
Conveyance is not a major Federal action
A conveyance under paragraph (1) shall not be considered a major Federal action for purposes of section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
Fair market value
Determination
The fair market value of the Property shall be—
determined by an appraisal conducted by an independent appraiser selected by the Secretary; and
approved by the Secretary in accordance with paragraph (3).
Requirements
An appraisal conducted under paragraph (1) shall—
be conducted in accordance with nationally recognized appraisal standards, including—
the Uniform Appraisal Standards for Federal Land Acquisitions; and
the Uniform Standards of Professional Appraisal Practice; and
shall reflect the equitable considerations described in paragraph (3).
Equitable considerations
In approving the fair market value of the Property under this subsection, the Secretary shall take into consideration matters of equity and fairness, including the City’s past and current lease of the Property, any maintenance or improvements by the City to the Property, and such other factors as the Secretary considers appropriate.
Revocation; reversion
Effective on and after the date on which a conveyance of the Property is made under subsection (b)(1)—
Executive Order 3528, dated August 9, 1921, is revoked; and
the use of the tide and shore lands belonging to the State of Washington and adjoining and bordering the Property, that were granted to the Government of the United States pursuant to the Act of the Legislature, State of Washington, approved March 13, 1909, the same being chapter 110 of the Session Laws of 1909, shall revert to the State of Washington.
Vessel determination
The vessel assigned United States official number 1205366 is deemed a new vessel effective on the date of delivery of the vessel after January 1, 2012, from a privately owned United States shipyard, if no encumbrances are on record with the Coast Guard at the time of the issuance of the new certificate of documentation for the vessel.
Safe vessel operation in Thunder Bay
The Secretary of the department in which the Coast Guard is operating and the Administrator of the Environmental Protection Agency may not prohibit a vessel operating within the existing boundaries and any future expanded boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve from taking up or discharging ballast water to allow for safe and efficient vessel operation if the uptake or discharge meets all Federal and State ballast water management requirements that would apply if the area were not a marine sanctuary.
Parking facilities
Allocation and assignment
In general
Subject to the requirements of this section, the Administrator of General Services, in coordination with the Commandant of the Coast Guard, shall allocate and assign the spaces in parking facilities at the Department of Homeland Security St. Elizabeths Campus to allow any member or employee of the Coast Guard, who is assigned to the Campus, to use such spaces.
Timing
In carrying out paragraph (1), and in addition to the parking spaces allocated and assigned to Coast Guard members and employees in fiscal year 2014, the Administrator shall allocate and assign not less than—
300 parking spaces not later than September 30, 2015;
700 parking spaces not later than September 30, 2016; and
1,042 parking spaces not later than September 30, 2017.
Transportation management report
Not later than 1 year after the date of the enactment of this Act, and each fiscal year thereafter in which spaces are allocated and assigned under subsection (a)(2), the Administrator shall provide to 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 impact of assigning and allocating parking spaces under subsection (a) on the congestion of roads connecting the St. Elizabeths Campus to the portions of Suitland Parkway and I–295 located in the Anacostia section of the District of Columbia; and
progress made toward completion of essential transportation improvements identified in the Transportation Management Program for the St. Elizabeths Campus.
Reallocation
Notwithstanding subsection (a), the Administrator may revise the allocation and assignment of spaces to members and employees of the Coast Guard made under subsection (a) as necessary to accommodate employees of the Department of Homeland Security, other than the Coast Guard, when such employees are assigned to the St. Elizabeths Campus.
Speaker of the House of Representatives
Vice President of the United States and President of the Senate