Collapse to view only § 561. Icebreaking in polar regions
- § 561. Icebreaking in polar regions
- § 562. Appeals and waivers
- § 563. Notification of certain determinations
- § 564. Administration of sexual assault forensic examination kits
§ 561. Icebreaking in polar regions
(a)Procurement Authority.—
(1)In general.—The Secretary may enter into one or more contracts for the procurement of—
(A) the Polar Security Cutters approved as part of a major acquisition program as of November 1, 2019; and
(B) 3 additional Polar Security Cutters.
(2)Condition for out-year contract payments.—A contract entered into under paragraph (1) shall provide that any obligation of the United States to make a payment under the contract during a fiscal year after fiscal year 2019 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.
(b)Planning.—The Secretary 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.
(c)Reimbursement.—Nothing in this section shall preclude the Secretary from seeking reimbursement for operation and maintenance costs of the Polar Star, Healy, or any other Polar Security Cutter from other Federal agencies and entities, including foreign countries, that benefit from the use of those vessels.
(d)Restriction.—
(1)In general.—The Commandant may not—
(A) transfer, relinquish ownership of, dismantle, or recycle the Polar Sea or Polar Star;
(B) change the current homeport of the Polar Sea or Polar Star; or
(C) expend any funds—
(i) for any expenses directly or indirectly associated with the decommissioning of the Polar Sea or Polar Star, including expenses for dock use or other goods and services;
(ii) for any personnel expenses directly or indirectly associated with the decommissioning of the Polar Sea or Polar Star, including expenses for a decommissioning officer;
(iii) for any expenses associated with a decommissioning ceremony for the Polar Sea or Polar Star;
(iv) to appoint a decommissioning officer to be affiliated with the Polar Sea or Polar Star; or
(v) to place the Polar Sea or Polar Star in inactive status.
(2)Sunset.—This subsection shall cease to have effect on September 30, 2022.
(e)Limitation.—
(1)In general.—The Secretary may not expend amounts appropriated for the Coast Guard for any of fiscal years 2015 through 2024, for—
(A) design activities related to a capability of a Polar Security Cutter that is based solely on an operational requirement of a Federal department or agency other than the Coast Guard, except for amounts appropriated for design activities for a fiscal year before fiscal year 2016; or
(B) long-lead-time materials, production, or postdelivery activities related to such a capability.
(2)Other amounts.—Amounts made available to the Secretary under an agreement with a Federal department or agency other than the Coast Guard and expended on a capability of a Polar Security Cutter that is based solely on an operational requirement of such Federal department or agency shall not be treated as amounts expended by the Secretary for purposes of the limitation under paragraph (1).
(f)Enhanced Maintenance Program for the Polar Star.—
(1)In general.—Subject to the availability of appropriations, the Commandant shall conduct an enhanced maintenance program on the Polar Star 1
1 So in original. “Polar Star” probably should be italicized.
to extend the service life of such vessel until at least December 31, 2025.(2)Authorization of appropriations.—The Commandant may use funds made available pursuant to section 4902(1)(A), to carry out this subsection.
(g)Definitions.—In this section:
(1)Polar sea.—The term “Polar Sea” means Coast Guard Cutter Polar Sea (WAGB 11).
(2)Polar star.—The term “Polar Star” means Coast Guard Cutter Polar Star (WAGB 10).
(3)Healy.—The term “Healy” means Coast Guard Cutter Healy (WAGB 20).
(Added Pub. L. 113–281, title V, § 506(a), Dec. 18, 2014, 128 Stat. 3060, § 87; renumbered § 561, Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200; amended Pub. L. 116–283, div. G, title LVXXXI [LXXXI], § 8111(a), Jan. 1, 2021, 134 Stat. 4637.)
§ 562. Appeals and waiversExcept for the Commandant, any individual adjudicating an appeal or waiver of a decision regarding marine safety, including inspection or manning and threats to the environment, shall—
(1) be a qualified specialist with the training, experience, and qualifications in marine safety to effectively judge the facts and circumstances involved in the appeal and make a judgment regarding the merits of the appeal; or
(2) have a senior staff member who—
(A) meets the requirements of paragraph (1);
(B) actively advises the individual adjudicating the appeal; and
(C) concurs in writing on the decision on appeal.
(Added Pub. L. 111–281, title V, § 524(a), Oct. 15, 2010, 124 Stat. 2958, § 102; renumbered § 101, Pub. L. 111–330, § 1(6)(A), Dec. 22, 2010, 124 Stat. 3569; amended Pub. L. 115–232, div. C, title XXXV, § 3531(c)(2), Aug. 13, 2018, 132 Stat. 2320; renumbered § 562, Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200.)
§ 563. Notification of certain determinations
(a)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—
(1) the Governor of each State in which such waterway, or portion thereof, is located;
(2) the public; and
(3) the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(b)Content Requirement.—Each notification provided under subsection (a) to an entity specified in paragraph (3) of that subsection shall include—
(1) 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;
(2) 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
(3) an estimate of the annual costs that the Coast Guard may incur in conducting operations on such waterway, or portion thereof.
(Added Pub. L. 113–281, title II, § 210(a), Dec. 18, 2014, 128 Stat. 3027, § 103; renumbered § 563, Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200.)
§ 564. Administration of sexual assault forensic examination kits
(a)Sexual Assault Forensic Exam Procedure.—
(1)In general.—Before embarking on any prescheduled voyage, a Coast Guard vessel shall have in place a written operating procedure that ensures that an embarked victim of sexual assault shall have access to a sexual assault forensic examination—
(A) as soon as possible after the victim requests an examination; and
(B) that is treated with the same level of urgency as emergency medical care.
(2)Requirements.—The written operating procedure required by paragraph (1),1
1 So in original. The comma probably should not appear.
shall, at a minimum, account for—(A) the health, safety, and privacy of a victim of sexual assault;
(B) the proximity of ashore or afloat medical facilities, including coordination as necessary with the Department of Defense, including other military departments (as defined in section 101 of title 10);
(C) the availability of aeromedical evacuation;
(D) the operational capabilities of the vessel concerned;
(E) the qualifications of medical personnel onboard;
(F) coordination with law enforcement and the preservation of evidence;
(G) the means of accessing a sexual assault forensic examination and medical care with a restricted report of sexual assault;
(H) the availability of nonprescription pregnancy prophylactics; and
(I) other unique military considerations.
(Added Pub. L. 117–263, div. K, title CXII, § 11272(a), Dec. 23, 2022, 136 Stat. 4066.)