§ 561. Icebreaking in polar regions

Footnotes

1. 1 So in original. “Polar Star” probably should be italicized.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2014

   Howard Coble Coast Guard and Maritime Transportation Act of 2014

   Pub. L. 113–281 title V § 506(a) · 128 Stat. 3022

   Enacted · 14 U.S.C. § 561

   Added Pub. L. 113–281, title V, § 506(a), Dec. 18, 2014, 128 Stat. 3060, § 87

   Source evidence

   Code source credit
   Added Pub. L. 113–281, title V, § 506(a), Dec. 18, 2014, 128 Stat. 3060, § 87

   Enacted provision · exact public law section
   (a) In General.— Chapter 5 of title 14, United States Code, is amended by inserting after section 86 the following: “§ 87. Icebreaking in polar regions   “The President. 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.” .

2. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 title I § 105(b) · 132 Stat. 4192

   Changed · 14 U.S.C. § 561

   Pub. L. 115–282 renumbered section 87 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–282 renumbered section 87 of this title as this section.

   Enacted provision · exact public law section
   (b) Redesignations and Transfers.— (1) Requirement.— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended— (A) by redesignating the sections as described in the table; and (B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 5 of such title (as added by subsection (a)), in the order in which the sections are presented in the table. (2) Table.— The table referred to in paragraph (1) is the following: Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation 92Secretary; general powers501 631Delegation of powers by the Secretary502 633Regulations503 93Commandant; general powers504 632Functions and powers vested in the Commandant505 520Prospective payment of funds necessary to provide medical care506 153Appointment of judges507 88Saving life and property521 89Law enforcement522 99Enforcement authority523 100Enforcement of coastwise trade laws524 95Special agents of the Coast Guard Investigative Service law enforcement authority525 637Stopping vessels; indemnity for firing at or into vessel526 91Safety of naval vessels527 104Protecting against unmanned aircraft528 81Aids to navigation authorized541 83Unauthorized aids to maritime navigation; penalty542 84Interference with aids to navigation; penalty543 85Aids to maritime navigation; penalty544 86Marking of obstructions545 642Deposit of damage payments546 643Rewards for apprehension of persons interfering with aids to navigation547 87Icebreaking in polar regions561 101Appeals and waivers562 103Notification of certain determinations563

3. 2021

   Elijah E. Cummings Coast Guard Authorization Act of 2020

   Pub. L. 116–283 div. G title LVXXXI · 134 Stat. 3388

   Amended · 14 U.S.C. § 561

   Pub. L. 116–283 amended section generally. Prior to amendment, text read as follows: “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.”

   Source evidence

   Code amendment note
   Pub. L. 116–283 amended section generally. Prior to amendment, text read as follows: “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.”

   Enacted provision · exact public law
   TITLE LVXXXI— AUTHORIZATIONS Sec. 8101.  Authorizations of appropriations. Sec. 8102.  Authorized levels of military strength and training. Sec. 8103.  Determination of budgetary effects. Sec. 8104.  Availability of amounts for acquisition of additional National Security Cutter. Sec. 8105.  Procurement authority for Polar Security Cutters. Sec. 8106.  Sense of the Congress on need for new Great Lakes icebreaker. Sec. 8107.  Procurement authority for Great Lakes icebreaker. Sec. 8108.  Polar Security Cutter acquisition report. Sec. 8109.  Shoreside infrastructure. Sec. 8110.  Major acquisition systems infrastructure. Sec. 8111.  Polar icebreakers. Sec. 8112.  Acquisition of fast response cutter. SEC. 8101. AUTHORIZATIONS OF APPROPRIATIONS.   Section 4902 of title 14, United States Code, is amended— (1) in the matter preceding paragraph (1), by striking “year 2019” and inserting “years 2020 and 2021”; (2) in paragraph (1)(A), by striking “provided for, $7,914,195,000 for fiscal year 2019.” and inserting “provided for— “(i) $8,151,620,850 for fiscal year 2020; and “(ii) $8,396,169,475 for fiscal year 2021.” ; (3) in paragraph (1)(B), by striking “subparagraph (A)—” and inserting “subparagraph (A)(i), $17,035,000 shall be for environmental compliance and restoration.”; (4) by striking clauses (i) and (ii) of paragraph (1)(B); (5) in paragraph (1), by adding at the end the following: “(C) Of the amount authorized under subparagraph, (A)(ii) $17,376,000 shall be for environmental compliance and restoration.” ; (6) in paragraph (2)— (A) by striking “For the procurement” and inserting “(A) For the procurement”; (B) by striking “and equipment, $2,694,745,000 for fiscal year 2019.” and inserting “and equipment— “(i) $2,794,745,000 for fiscal year 2020; and “(ii) $3,312,114,000 for fiscal year 2021.” ; and (C) by adding at the end the following: “(B) Of the amounts authorized under subparagraph (A), the following amounts shall be for the alteration of bridges: “(i) $10,000,000 for fiscal year 2020; and “(ii) $20,000,000 for fiscal year 2021.” ; (7) in paragraph (3), by striking “and equipment, $29,141,000 for fiscal year 2019.” and inserting “and equipment— “(A) $13,834,000 for fiscal year 2020; and “(B) $14,111,000 for fiscal year 2021.” ; and (8) by adding at the end the following: “(4) For the Coast Guard’s Medicare-eligible retiree health care fund contribution to the Department of Defense— “(A) $205,107,000 for fiscal year 2020; and “(B) $209,209,000 for fiscal year 2021.” . SEC. 8102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.   Section 4904 of title 14, United States Code, is amended— (1) in subsection (a), by striking “43,000 for fiscal year 2018 and 44,500 for fiscal year 2019” and inserting “44,500 for each of fiscal years 2020 and 2021”; and (2) in subsection (b), by striking “fiscal years 2018 and 2019” and inserting “fiscal years 2020 and 2021”. SEC. 8103. DETERMINATION OF BUDGETARY EFFECTS.   The budgetary effects of this division, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this division, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. SEC. 8104. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF ADDITIONAL NATIONAL SECURITY CUTTER. (a) In General.— Of the amounts authorized to be appropriated by— (1) section 4902(2)(A)(i) of title 14, United States Code, as amended by section 8101 of this division, $100,000,000 for fiscal year 2020; and (2) section 4902(2)(A)(ii) of title 14, United States Code, as amended by section 8101 of this division, $550,000,000 for fiscal year 2021, is authorized for the acquisition of a National Security Cutter. (b) Treatment of Acquired Cutter.— Any cutter acquired using amounts available pursuant to subsection (a) shall be in addition to the National Security Cutters approved under the existing acquisition baseline in the program of record for the National Security Cutter. SEC. 8105. PROCUREMENT AUTHORITY FOR POLAR SECURITY CUTTERS. (a) Funding.— Of the amounts authorized to be appropriated by— (1) section 4902(2)(A)(i) of title 14, United States Code, as amended by section 8101 of this division, $135,000,000 for fiscal year 2020; and (2) section 4902(2)(A)(ii) of title 14, United States Code, as amended by section 8101 of this division, $610,000,000 for fiscal year 2021, is authorized for construction of a Polar Security Cutter. (b) Prohibition on Contracts or Use of Funds for Development of Common Hull Design.— Notwithstanding any other provision of law, the Secretary of the department in which the Coast Guard is operating may not enter into any contract for, and no funds shall be obligated or expended on, the development of a common hull design for medium Polar Security Cutters and Great Lakes icebreakers. SEC. 8106. SENSE OF THE CONGRESS ON NEED FOR NEW GREAT LAKES ICEBREAKER. (a) Findings.— The Congress finds the following: (1) The Great Lakes shipping industry is crucial to the American economy, including the United States manufacturing base, providing important economic and national security benefits. (2) A recent study found that the Great Lakes shipping industry supports 237,000 jobs and tens of billions of dollars in economic activity. (3) United States Coast Guard icebreaking capacity is crucial to full utilization of the Great Lakes shipping system, as during the winter icebreaking season up to 15 percent of annual cargo loads are delivered, and many industries would have to reduce their production if Coast Guard icebreaking services were not provided. (4) 6 of the Coast Guard’s 9 icebreaking cutters in the Great Lakes are more than 30 years old and are frequently inoperable during the winter icebreaking season, including those that have completed a recent service life extension program. (5) During the previous 10 winters, Coast Guard Great Lakes icebreaking cutters have been inoperable for an average of 65 cutter-days during the winter icebreaking season, with this annual lost capability exceeding 100 cutter days, with a high of 246 cutter days during the winter of 2017–2018. (6) The 2019 ice season provides further proof that current Coast Guard icebreaking capacity is inadequate for the needs of the Great Lakes shipping industry, as only 6 of the 9 icebreaking cutters are operational, and millions of tons of cargo was not loaded or was delayed due to inadequate Coast Guard icebreaking assets during a historically average winter for Great Lakes ice coverage. (7) The Congress has authorized the Coast Guard to acquire a new Great Lakes icebreaker as capable as Coast Guard Cutter Mackinaw (WLBB–30), the most capable Great Lakes icebreaker, and $10 million has been appropriated to fund the design and initial acquisition work for this icebreaker. (8) The Coast Guard has not initiated a new acquisition program for this Great Lakes icebreaker. (b) Sense of the Congress.— It is the sense of the Congress of the United States that a new Coast Guard icebreaker as capable as Coast Guard Cutter Mackinaw (WLBB–30) is needed on the Great Lakes, and the Coast Guard should acquire this icebreaker as soon as possible. SEC. 8107. PROCUREMENT AUTHORITY FOR GREAT LAKES ICEBREAKER. (a) In General.— Of the amounts authorized to be appropriated by section 4902(2)(A)(ii) of title 14, United States Code, as amended by section 8101 of this division, $160,000,000 for fiscal year 2021 is authorized for the acquisition of a Great Lakes icebreaker at least as capable as Coast Guard Cutter Mackinaw (WLBB–30). (b) Report.— Not later than 30 days after the date of the enactment of this Act, 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 plan for acquiring an icebreaker as required by section 820(b) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282). SEC. 8108. POLAR SECURITY CUTTER ACQUISITION REPORT.   Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to the Committees on Transportation and Infrastructure and Armed Services of the House of Representatives, and the Committees on Commerce, Science, and Transportation and Armed Services of the Senate a report on— (1) the extent to which specifications, key drawings, and detail design for the Polar Security Cutter are complete before the start of construction; (2) the extent to which Polar Security Cutter hulls numbers one, two, and three are science ready; and (3) what actions will be taken to ensure that Polar Security Cutter hull number four is science capable, as described in the National Academies of Sciences, Engineering, and Medicine’s Committee on Polar Icebreaker Cost Assessment letter report entitled “Acquisition and Operation of Polar Icebreakers: Fulfilling the Nation’s Needs” and dated July 11, 2017. SEC. 8109. SHORESIDE INFRASTRUCTURE.   Of the amounts authorized to be appropriated by section 4902(2)(A) of title 14, United States Code, as amended by section 8101 of this division, for each of fiscal years 2020 and 2021, $167,500,000 is authorized for the Secretary of the department in which the Coast Guard is operating to fund the acquisition, construction, rebuilding, or improvement of the Coast Guard shoreside infrastructure and facilities necessary to support Coast Guard operations and readiness. SEC. 8110. MAJOR ACQUISITION SYSTEMS INFRASTRUCTURE.   Of the amounts authorized to be appropriated by section 4902(2)(A)(ii) of title 14, United States Code, as amended by section 8101 of this division, $105,000,000 is authorized for the hangar replacement listed in the fiscal year 2020 Unfunded Priority List. SEC. 8111. POLAR ICEBREAKERS. (a) In General.— Section 561 of title 14, United States Code, is amended to read as follows: “§ 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 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).” . (b) Contracting for Major Acquisitions Programs.— Section 1137(a) of title 14, United States Code, is amended by inserting “and 3 Polar Security Cutters in addition to those approved as part of a major acquisition program on November 1, 2019” before the period at the end. (c) Repeals.— (1) Coast guard and maritime transportation act of 2006.— Section 210 of the Coast Guard and Maritime Transportation Act of 2006 (14 U.S.C. 504 note) is repealed. (2) Coast guard and maritime transportation act of 2012.— Section 222 of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112–213) 126 Stat. 1560. is repealed. (3) Howard coble coast guard and maritime transportation act of 2014.— Section 505 of the Howard Coble Coast Guard and Maritime Transportation Act of 2014 (Public Law 113–281) is repealed. (4) Frank lobiondo coast guard authorization act of 2018.— Section 821 of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) 132 Stat. 4309. is repealed. SEC. 8112. ACQUISITION OF FAST RESPONSE CUTTER. (a) In General.— Of the amounts authorized to be appropriated under section 4902(2)(A)(ii) of title 14, United States Code, as amended by section 8101 of this division, $265,000,000 for fiscal year 2021 shall be made available for the acquisition of four Fast Responses Cutters. (b) Treatment of Acquired Cutters.— Any cutter acquired pursuant to subsection (a) shall be in addition to the 58 cutters approved under the existing acquisition baseline.

2 of 3 references resolved to an enrolled provision · 1 partial