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S 685 ISRSCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 685CommentsClose CommentsPermalink

To require new vessels for carrying oil fuel to have double hulls, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

March 24, 2009CommentsClose CommentsPermalink

Mr. LAUTENBERG (for himself, Mr. ROCKFELLER, Ms. CANTWELL, Mrs. BOXER, and Mr. BEGICH) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To require new vessels for carrying oil fuel to have double hulls, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Oil Spill Prevention Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. OIL FUEL TANK PROTECTION.

Section 3306 of title 46, United States Code, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(k)(1) Each vessel of the United States that is constructed under a contract entered into after the date of enactment of the Oil Spill Prevention Act of 2009, or that is delivered after August 1, 2010, with an aggregate capacity of 600 cubic meters or more of oil fuel, shall comply with the requirements of Regulation 12A under Annex I to the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, entitled ‘Oil Fuel Tank Protection.’.CommentsClose CommentsPermalink





‘(2) The Secretary may prescribe regulations to apply the requirements described in Regulation 12A to vessels described in paragraph (1) that are not otherwise subject to that convention.CommentsClose CommentsPermalink





‘(3) In this subsection the term ‘oil fuel’ means any oil used as fuel in connection with the propulsion and auxiliary machinery of the vessel in which such oil is carried.’.CommentsClose CommentsPermalink

SEC. 3. MARITIME EMERGENCY PREVENTION.

(a) IN GENERAL- Section 4(b) of the Ports and Waterways Safety Act of 1972 (33 U.S.C. 1223(b)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘operate or’ in paragraph (1) and inserting ‘operate, including direction to change the vessel’s heading and speed, or’; andCommentsClose CommentsPermalink





(2) by inserting ‘emergency or’ after ‘other’ in paragraph (3).CommentsClose CommentsPermalink





(b) REVISION OF VTS POLICY- The Secretary of the department in which the Coast guard is operating shall--CommentsClose CommentsPermalink





(1) provide guidance to all vessel traffic personnel that clearly defines the use of authority to direct or control vessel movement when such direction or control is justified in the interest of safety; andCommentsClose CommentsPermalink





(2) require vessel traffic personnel communications to identify the vessel, rather than the pilot, when vessels are operating in vessel traffic service pilotage areas.CommentsClose CommentsPermalink





(c) Adequacy of VTS Locations and Infrastructure-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of the department in which the Coast Guard is operating shall continue to conduct individual port and waterway safety assessments under the Ports and Waterways Safety Act of 1972 (33 U.S.C. 1221 et seq.) to determine and prioritize the United States ports, waterways, and channels that are in need of new, expanded, or improved vessel traffic management risk mitigation measures, including vessel traffic service systems, by evaluating--CommentsClose CommentsPermalink





(A) the nature, volume, and frequency of vessel traffic;CommentsClose CommentsPermalink





(B) the risks of collisions, allisions, spills, and other maritime mishaps associated with that traffic;CommentsClose CommentsPermalink





(C) the projected impact of installation, expansion, or improvement of a vessel traffic service system or other risk mitigation measures; andCommentsClose CommentsPermalink





(D) any other relevant data.CommentsClose CommentsPermalink





(2) ANALYSES- Based on the results of the assessments under paragraph (1), the Secretary shall identify the requirements for necessary expansion, improvement, or construction of buildings, networks, communications, or other infrastructure to improve the effectiveness of existing vessel traffic service systems, or necessary to support recommended new vessel traffic service systems, including all necessary costs for construction, reconstruction, expansion, or improvement.CommentsClose CommentsPermalink





(3) PERSONNEL- The Secretary shall--CommentsClose CommentsPermalink





(A) review and validate the recruiting, retention, training, and expansion of the vessel traffic service personnel workforce necessary to maintain the effectiveness of existing vessel traffic service systems and to support any expansion or improvement identified by the Secretary under this section; andCommentsClose CommentsPermalink





(B) require basic navigation training for vessel traffic service watchstander personnel--CommentsClose CommentsPermalink





(i) to support and complement the existing mission of the vessel traffic service to monitor and assess vessel movements within a vessel traffic service Area;CommentsClose CommentsPermalink





(ii) to exchange information regarding vessel movements with vessel and shore-based personnel; andCommentsClose CommentsPermalink





(iii) to provide advisories to vessel masters.CommentsClose CommentsPermalink





(4) REPORT- Within 1 year after the date of enactment of this Act, the Secretary shall submit to the Congress a report consolidating the results of the analyses under paragraph (2), together with recommendations for implementing the study results.CommentsClose CommentsPermalink

SEC. 4. MERCHANT MARINER MEDICAL ADVISORY COMMITTEE, MEDICAL STANDARDS, AND MEDICAL REQUIREMENTS.

(a) IN GENERAL- Chapter 71 of title 46, United States Code, is amended by adding at the end thereof the following:CommentsClose CommentsPermalink

‘Sec. 7115. Merchant mariner medical advisory committee, medical standards, and medical requirements

‘(a) Establishment-CommentsClose CommentsPermalink





‘(1) IN GENERAL- There is established a Merchant Mariner Medical Advisory Committee.CommentsClose CommentsPermalink





‘(2) FUNCTIONS- The Committee shall--CommentsClose CommentsPermalink





‘(A) advise the Secretary on matters relating to--CommentsClose CommentsPermalink





‘(i) medical certification determinations for issuance of merchant mariner credentials;CommentsClose CommentsPermalink





‘(ii) medical standards and guidelines for the physical qualifications of operators of commercial vessels;CommentsClose CommentsPermalink





‘(iii) medical examiner education; andCommentsClose CommentsPermalink





‘(iv) medical research; and,CommentsClose CommentsPermalink





‘(B) develop, as appropriate, specific courses and materials to be used by medical examiners listed in the national registry established under this section.CommentsClose CommentsPermalink





‘(3) MEMBERSHIP-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Committee shall consist of the chief medical examiner and--CommentsClose CommentsPermalink





‘(i) 10 individuals who are health-care professionals with particular expertise, knowledge, or experience regarding the medical examinations of merchant mariners or occupational medicine; andCommentsClose CommentsPermalink





‘(ii) 4 individuals who are professional mariners with knowledge and experience in mariner occupational requirements.CommentsClose CommentsPermalink





‘(B) STATUS OF MEMBERS- Except for the chief medical examiner, members of the Committee shall not be considered Federal employees or otherwise in the service or the employment of the Federal Government, except that members shall be considered special Government employees, as defined in section 202(a) of title 18 and shall be subject to any administrative standards of conduct applicable to the employees of the department in which the Coast Guard is operating.CommentsClose CommentsPermalink





‘(C) COMPENSATION; REIMBURSEMENT- Except for the chief medical examiner, members of the Committee shall serve without compensation, except that, while engaged in the performance of duties away from their homes or regular places of business of the member, the member of the Committee may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5.CommentsClose CommentsPermalink





‘(b) Appointments; Terms; Vacancies; Organization-CommentsClose CommentsPermalink





‘(1) APPOINTMENT- The Secretary shall appoint the members of the Committee, and each member shall serve at the pleasure of the Secretary.CommentsClose CommentsPermalink





‘(2) TERM OF OFFICE- The members shall be appointed for a term of 4 years, except that, of the members first appointed, 4 members shall be appointed for a term of 2 years and 4 members shall be appointed for a term of 1 year.CommentsClose CommentsPermalink





‘(3) VACANCIES- Any member appointed to fill the vacancy prior to the expiration of the term for which such member’s predecessor was appointed shall be appointed for the remainder of such term.CommentsClose CommentsPermalink





‘(4) CHAIRMAN; VICE CHAIRMAN- The Secretary shall designate 1 member other than the chief medical examiner as the Chairman and 1 member other than the chief medical examiner as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman.CommentsClose CommentsPermalink





‘(5) STAFF; SERVICES- The Secretary shall furnish to the Committee the personnel and services as are considered necessary for the conduct of its business.CommentsClose CommentsPermalink





‘(6) MEETINGS- No later than 6 months after the date of enactment of the Oil Spill Prevention Act of 2009, the Committee shall hold its first meeting and shall meet at least once each fiscal year.CommentsClose CommentsPermalink





‘(c) CHIEF MEDICAL EXAMINER- The Secretary shall appoint an employee of the Coast Guard who will serve as a chief medical examiner and who shall hold a position under section 3104 of title 5 relating to employment of specially qualified scientific and professional personnel, and shall be paid under section 5376 of title 5, relating to pay for certain senior-level positions.CommentsClose CommentsPermalink





‘(d) Medical Standards and Requirements-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary, with the advice of the Committee , shall--CommentsClose CommentsPermalink





‘(A) establish, review, and revise--CommentsClose CommentsPermalink





‘(i) medical standards for merchant mariners that will ensure that the physical condition of merchant mariners is adequate to enable them to safely carry out their duties on board vessels; andCommentsClose CommentsPermalink





‘(ii) requirements for periodic physical examinations of such merchant mariners performed by a medical examiner who has, at a minimum, self-certified that he or she has completed training in physical and medical examination standards and is listed on a registry of medical examiners maintained in accordance with subsection (e) of this section;CommentsClose CommentsPermalink





‘(B) require each merchant mariner to have a current valid physical examination;CommentsClose CommentsPermalink





‘(C) conduct periodic reviews of a select number of medical examiners on the national registry to ensure that proper examinations of merchant mariners are being conducted;CommentsClose CommentsPermalink





‘(D) require each such medical examiner to, at a minimum, self-certify that he or she has completed specific training, including refresher courses, to be listed in the registry;CommentsClose CommentsPermalink





‘(E) require medical examiners to submit all completed medical examination reports as required under regulations established by the Secretary; andCommentsClose CommentsPermalink





‘(F) periodically review a representative sample of the medical examiners’ reports associated with the name and numerical identifiers of applicants transmitted under subparagraph (E) for errors, omissions, or other indications of improper certification.CommentsClose CommentsPermalink





‘(2) MONITORING PERFORMANCE- The Secretary shall investigate patterns of errors or improper evaluation by medical examiners. If the Secretary finds that a medical examiner has evaluated a merchant mariner as being fit for seagoing service who fails otherwise to meet the applicable standards at the time of the examination or that a medical examiner has falsely claimed to have completed training in physical and medical examination standards as required by this section, the Secretary may remove the name of such medical examiner from the registry and may void the medical examinations of the applicant or holder.CommentsClose CommentsPermalink





‘(e) NATIONAL REGISTRY OF MEDICAL EXAMINERS- The Secretary, acting through the Commandant of the Coast Guard--CommentsClose CommentsPermalink





‘(1) shall establish and maintain a current national registry of medical examiners who are qualified to perform examinations;CommentsClose CommentsPermalink





‘(2) shall accept as valid only examinations by persons on the national registry of medical examiners;CommentsClose CommentsPermalink





‘(3) shall remove from the registry the name of any medical examiner who fails to meet or maintain the qualifications established by the Secretary for being listed in the registry or otherwise does not meet the requirements of this section or a regulation issued under this section;CommentsClose CommentsPermalink





‘(4) may make participation of medical examiners in the national registry voluntary if such a change will enhance the safety of merchant mariners holding United States Coast Guard credentials; andCommentsClose CommentsPermalink





‘(5) may include in the registry established under paragraph (1) licensed physicians who are certified by the Secretary of Transportation to perform medical examinations of operators of commercial motor vehicles under section 31149 of title 49 and airmen.CommentsClose CommentsPermalink





‘(f) USE OF MEDICAL EXAMINERS NOT ON THE NATIONAL REGISTRY- The Secretary shall accept examinations of merchant mariners conducted by medical examiners not listed on the national registry if such examinations meet specifications (including standards of review) established by the Secretary in consultation with the Merchant Mariner Medical Advisory Committee. CommentsClose CommentsPermalink





‘(g) MEDICAL EXAMINER DEFINED- In this section, the term ‘medical examiner’ means an individual registered in accordance licensed physician, physician’s assistant, or nurse practitioner who complies with the regulations issued by the Secretary as a medical examiner.‘(g)for medical examiners conducting examinations of merchant mariners. CommentsClose CommentsPermalink





‘ [Struck out->](g)[<-Struck out] (h) COORDINATION- The Secretary, in coordination with the Secretary of Transportation, shall utilize the systems, processes, and procedures established for the administration of the Federal Motor Carrier Safety Administration’s Medical Program authorized under section 31149 of title 49 and the Federal Aviation Administration’s Office of Aerospace Medicine authorized under section 44702 of that title where synergies exist between such systems, processes, and procedures.CommentsClose CommentsPermalink





‘(h [Struck out->](h)[<-Struck out] (i) REGULATIONS- The Secretary may issue such regulations as may be necessary to carry out this section.’.CommentsClose CommentsPermalink





(b) CLERICAL AMENDMENT- The chapter analysis for chapter 71 of title 46, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘7115. Merchant mariner medical advisory committee, medical standards, and medical requirements.’.CommentsClose CommentsPermalink

SEC. 5. STUDY OF MARINE CASUALTY CAUSATION.

(a) OBJECTIVES- The Secretary of the department in which the Coast Guard is operating shall conduct a comprehensive study that will identify data requirements and collection procedures, reports, and other measures that will improve the department’s ability--CommentsClose CommentsPermalink





(1) to determine the causes of, and contributing factors (including fatigue) to, marine casualties;CommentsClose CommentsPermalink





(2) to prevent marine casualties and threats to the environment;CommentsClose CommentsPermalink





(3) to minimize the impacts of marine casualties and environmental threats;CommentsClose CommentsPermalink





(4) to maximize the lives and property saved and environment protected in the event of a marine casualty;CommentsClose CommentsPermalink





(5) to evaluate future marine casualties;CommentsClose CommentsPermalink





(6) to monitor trends to identify causes and contributing factors; andCommentsClose CommentsPermalink





(7) to develop effective safety improvement policies, including workload, manning and medical review provisions, and programs.CommentsClose CommentsPermalink





(b) DESIGN- The study shall employ standard research methods and statistical analysis and be designed to yield information that [Struck out->]will--[<-Struck out] will help the department assess the role that human factors, mechanical or equipment failure, and environmental factors play in marine casualty causation. Among other issues, the study will--CommentsClose CommentsPermalink





(1) help the department assess the role that workload and fatigue play in marine casualty causation;CommentsClose CommentsPermalink





(2) help the department assess the role that manning, particularly a one man bridge operation, plays in marine casualty causation;CommentsClose CommentsPermalink





(3) help the department assess the role that the medical condition of merchant mariners plays in marine casualty causation;CommentsClose CommentsPermalink





(4) help the department assess the efficacy of safety management systems in preventing marine casualties; CommentsClose CommentsPermalink





[Struck out->](4)[<-Struck out] (5) help the department to identify activities and other measures likely to lead to significant reductions in the frequency and severity of marine casualties; andCommentsClose CommentsPermalink





(5[Struck out->](5)[<-Struck out] (6) to the extent practicable, rank such activities and measures by the reductions each would likely achieve if implemented.CommentsClose CommentsPermalink





(c) CONSULTATION- In designing and conducting the study, the Secretary shall--CommentsClose CommentsPermalink





(1) consult with persons with expertise on marine casualty causation and prevention;CommentsClose CommentsPermalink





(2) consult with merchant mariners, ship managers, professional maritime associations, human factors professionals, occupational medicine specialists, and providers of medical review services to the maritime industry;CommentsClose CommentsPermalink





(3) consult with Federal advisory committees, including the Merchant Marine Personnel Advisory Committee and the Towing Safety Advisory Committee; CommentsClose CommentsPermalink





[Struck out->](3)[<-Struck out] (4) consult with academic institutions, domestic and foreign, with particular experience and expertise in workload and fatigue, safe manning, and the medical condition of merchant mariners in the maritimeenvironment; and(4 [Struck out->]environment;[<-Struck out] environment and safety management systems; andCommentsClose CommentsPermalink





[Struck out->](4)[<-Struck out] (5) review the relevant literature available on previous studies from domestic and foreign sources.CommentsClose CommentsPermalink





(d) COMPARISON WITH NTSB- The Secretary shall, in cooperation with the Chairman of the National Transportation Safety Board, compare and contrast the procedures and processes employed by the Coast Guard and the National Transportation Safety Board with particular attention to--CommentsClose CommentsPermalink





(1) preventing marine casualties and threats to the environment;CommentsClose CommentsPermalink





(2) minimizing the impacts of marine casualties and environmental threats; andCommentsClose CommentsPermalink





(3) maximizing the number of lives saved, the amount of property saved, and the environment protected in the event of a marine casualty.CommentsClose CommentsPermalink





(e) PUBLIC COMMENT- The Secretary shall make available for public comment information about the objectives, methodology, implementation, findings, and other aspects of the study.CommentsClose CommentsPermalink





(f) Reports-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall promptly transmit to Congress the results of the study, together with any legislative recommendations.CommentsClose CommentsPermalink





(2) REVIEW AND UPDATE- The Secretary shall review the study at least once every 5 years and update the study and report as necessary.CommentsClose CommentsPermalink

SEC. 6. COAST GUARD STUDY ON USE OF TRACTOR TUGS.

(a) STUDY- The Commandant of the Coast Guard shall conduct a comprehensive review of existing studies of the need for tractor tug escorts to be used by vessels carrying petroleum products or with large supplies of fuel onboard in the 5 largest United States ports, by volume of petroleum product, where the use of such tugs by those vessels is not otherwise required by State law or Captain-of-the-Port order, identify any gaps or other unaddressed issues, and conduct a study that--CommentsClose CommentsPermalink





(1) consolidates the information contained in the existing studies and addresses any such gaps or issues that need to be addressed; andCommentsClose CommentsPermalink





(2) to the extent such issues are not satisfactorily addressed in the existing studies, includes--CommentsClose CommentsPermalink





(A) an evaluation of the necessary power requirements of such tractor tug escorts;CommentsClose CommentsPermalink





(B) an analysis of the appropriate passages for the use of such tractor tug escorts;CommentsClose CommentsPermalink





(C) an inventory and analysis of the existing use of tractor tug escorts in United States ports; andCommentsClose CommentsPermalink





(D) an analysis of which vessel types in the ports studied should be required to have tractor tug escorts and a statement of the reason for recommending such a requirement.CommentsClose CommentsPermalink





(b) REPORT- Within 1 year after the date of enactment of this Act, the Commandant shall submit the report, together with any findings, conclusions, and recommendations the Commandant deems appropriate, to the Senate Committee on Commerce, Science, and Transportation.CommentsClose CommentsPermalink

SEC. 7. TRAINED POLLUTION INVESTIGATORS.

To the extent practicable, the Commandant of the Coast Guard shall ensure that there is at least 1 trained and experienced pollution investigator on duty, or in an on-call status, at all times for each Coast Guard Sector Command.CommentsClose CommentsPermalink

SEC. 8. DURATION OF CREDENTIALS.

(a) MERCHANT MARINER’S DOCUMENTS- Section 7302(f) of title 46, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(f) Periods of Validity and Renewal of Merchant Mariners’ Documents-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Except as provided in subsection (g), a merchant mariner’s document issued under this chapter is valid for a 5-year period and may be renewed for additional 5-year periods.CommentsClose CommentsPermalink





‘(2) ADVANCE RENEWALS- A renewed merchant mariner’s document may be issued under this chapter up to 8 months in advance but is not effective until the date that the previously issued merchant mariner’s document expires.’.CommentsClose CommentsPermalink





(b) DURATION OF LICENSES- Section 7106 of such title is amended to read as follows:CommentsClose CommentsPermalink

‘7106. Duration of licenses

‘(a) IN GENERAL- A license issued under this part is valid for a 5-year period and may be renewed for additional 5-year periods; except that the validity of a license issued to a radio officer is conditioned on the continuous possession by the holder of a first-class or second-class radiotelegraph operator license issued by the Federal Communications Commission.CommentsClose CommentsPermalink





‘(b) ADVANCE RENEWALS- A renewed license issued under this part may be issued up to 8 months in advance but is not effective until the date that the previously issued license expires.’.CommentsClose CommentsPermalink





(c) CERTIFICATES OF REGISTRY- Section 7107 of such title is amended to read as follows:CommentsClose CommentsPermalink

‘7107. Duration of certificates of registry

‘(a) IN GENERAL- A certificate of registry issued under this part is valid for a 5-year period and may be renewed for additional 5-year periods; except that the validity of a certificate issued to a medical doctor or professional nurse is conditioned on the continuous possession by the holder of a license as a medical doctor or registered nurse, respectively, issued by a State.CommentsClose CommentsPermalink





‘(b) ADVANCE RENEWALS- A renewed certificate of registry issued under this part may be issued up to 8 months in advance but is not effective until the date that the previously issued certificate of registry expires.’.CommentsClose CommentsPermalink

SEC. 9. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS’ DOCUMENTS.

(a) MERCHANT MARINER LICENSES AND DOCUMENTS- Chapter 75 of title 46, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

‘7507. Authority to extend the duration of licenses, certificates of registry, and merchant mariner documents

‘(a) LICENSES AND CERTIFICATES OF REGISTRY- Notwithstanding sections 7106 and 7107, the Secretary of the department in which the Coast Guard is operating may extend for up to one year an expiring license or certificate of registry issued for an individual under chapter 71 if the Secretary determines that extension is required--CommentsClose CommentsPermalink





‘(1) to enable the Coast Guard to eliminate a backlog in processing applications for those licenses or certificates of registry;CommentsClose CommentsPermalink





‘(2) because necessary records have been destroyed or are unavailable due to a natural disaster; orCommentsClose CommentsPermalink





‘(3) to align the expiration date of a license or certificate of registry with the expiration date of a transportation worker identification credential under section 70501.CommentsClose CommentsPermalink





‘(b) MERCHANT MARINER DOCUMENTS- Notwithstanding section 7302(g), the Secretary may extend for one year an expiring merchant mariner’s document issued for an individual under chapter 71 if the Secretary determines that extension is required--CommentsClose CommentsPermalink





‘(1) to enable the Coast Guard to eliminate a backlog in processing applications for those licenses or certificates of registry;CommentsClose CommentsPermalink





‘(2) because necessary records have been destroyed or are unavailable due to a natural disaster; orCommentsClose CommentsPermalink





‘(3) to align the expiration date of a license or certificate of registry with the expiration date of a transportation worker identification credential under section 70501.CommentsClose CommentsPermalink





‘(c) MANNER OF EXTENSION- Any extensions granted under this section may be granted to individual seamen or a specifically identified group of seamen.CommentsClose CommentsPermalink





‘(d) EXPIRATION OF AUTHORITY- The authority for providing an extension under this section shall expire on December 31, 2011.’.CommentsClose CommentsPermalink





(b) CLERICAL AMENDMENT- The chapter analysis for such chapter is amended by adding at the end the following:CommentsClose CommentsPermalink





‘7507. Authority to extend the duration of licenses, certificates of registry, and merchant mariner documents.’.CommentsClose CommentsPermalink

SEC. 10. PROTECTION AND FAIR TREATMENT OF SEAFARERS.

(a) IN GENERAL- Chapter 111 of title 46, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘11113. Protection and fair treatment of seafarers

‘(a) PURPOSE- The purpose of this section is to ensure the protection and fair treatment of seafarers.CommentsClose CommentsPermalink





‘(b) Fund-CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT- There is established in the Treasury a special fund known as the ‘Support of Seafarers Fund’.CommentsClose CommentsPermalink





‘(2) USE OF AMOUNTS IN FUND- The amounts covered into the Fund shall be available to the Secretary, without further appropriation and without fiscal year limitation, to--CommentsClose CommentsPermalink





‘(A) pay necessary support, pursuant to subsection (c)(1)(A) of this section; andCommentsClose CommentsPermalink





‘(B) reimburse a shipowner for necessary support, pursuant to subsection (c)(1)(B) of this section.CommentsClose CommentsPermalink





‘(3) AMOUNTS CREDITED TO FUND- Notwithstanding any other provision of law, the Fund may receive--CommentsClose CommentsPermalink





‘(A) any moneys ordered to be paid to the Fund in the form of community service pursuant to section [Struck out->]8B1.3 of the United States Sentencing Guidelines or otherwise;[<-Struck out] 3563(b) of title 18;CommentsClose CommentsPermalink





‘(B) amounts reimbursed or recovered pursuant to subsection (d) of this section;CommentsClose CommentsPermalink





‘(C) amounts appropriated to the Fund pursuant to subsection (g) of this section; andCommentsClose CommentsPermalink





‘(D) appropriations available to the Secretary for transfer.CommentsClose CommentsPermalink





‘(4) PREREQUISITE FOR COMMUNITY SERVICE CREDITS- The Fund may receive credits pursuant to paragraph (3)(A) of this subsection only when the unobligated balance of the Fund is less than $5,000,000.CommentsClose CommentsPermalink





‘(5) REPORT REQUIRED-CommentsClose CommentsPermalink





‘(A) Except as provided in subparagraph (B) of this paragraph, the Secretary shall not obligate any amount in the Fund in a given fiscal year unless the Secretary has submitted to Congress, concurrent with the President’s budget submission for that fiscal year, a report that describes--CommentsClose CommentsPermalink





‘(i) the amounts credited to the Fund, pursuant to paragraph (3) of this subsection, for the preceding fiscal year;CommentsClose CommentsPermalink





‘(ii) a detailed description of the activities for which amounts were charged; andCommentsClose CommentsPermalink





‘(iii) the projected level of expenditures from the Fund for the coming fiscal year, based on--CommentsClose CommentsPermalink





‘(I) on-going activities; andCommentsClose CommentsPermalink





‘(II) new cases, derived from historic data.CommentsClose CommentsPermalink





‘(B) The limitation in subparagraph (A) of this paragraph shall not apply to obligations during the first fiscal year during which amounts are credited to the Fund.CommentsClose CommentsPermalink





‘(6) FUND MANAGER- The Secretary shall designate a Fund manager, who shall--CommentsClose CommentsPermalink





‘(A) ensure the visibility and accountability of transactions utilizing the Fund;CommentsClose CommentsPermalink





‘(B) prepare the report required by paragraph (5); andCommentsClose CommentsPermalink





‘(C) monitor the unobligated balance of the Fund and provide notice to the Secretary and the Attorney General whenever the unobligated balance of the Fund is less than $5,000,000.CommentsClose CommentsPermalink





‘(c) IN GENERAL-CommentsClose CommentsPermalink





‘(1) AUTHORITY- The Secretary is authorized--CommentsClose CommentsPermalink





‘(A) to pay, in whole or in part, without further appropriation and without fiscal year limitation, from amounts in the Fund, necessary support of--CommentsClose CommentsPermalink





‘(i) any seafarer who enters, remains, or has been paroled into the United States and is involved in an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Coast Guard; andCommentsClose CommentsPermalink





‘(ii) any seafarer whom the Secretary finds to have been abandoned in the United States; andCommentsClose CommentsPermalink





‘(B) to reimburse, in whole or in part, without further appropriation and without fiscal year limitation, from amounts in the Fund, a shipowner, who has filed a bond or surety satisfactory pursuant to subparagraph (A) and provided necessary support of a seafarer who has been paroled into the United States to facilitate an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Coast Guard, for costs of necessary support, when the Secretary deems reimbursement necessary to avoid serious injustice.CommentsClose CommentsPermalink





‘(2) LIMITATION- Nothing in this section shall be construed--CommentsClose CommentsPermalink





‘(A) to create a right, benefit, or entitlement to necessary support; orCommentsClose CommentsPermalink





‘(B) to compel the Secretary to pay, or reimburse the cost of, necessary support.CommentsClose CommentsPermalink





‘(d) REIMBURSEMENTS; RECOVERY-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Any shipowner shall reimburse the Fund an amount equal to the total amount paid from the Fund for necessary support of the seafarer, plus a surcharge of 25 percent of such total amount if--CommentsClose CommentsPermalink





‘(A)(i) the shipowner, during the course of an investigation, reporting, documentation, or adjudication of any matter that the Coast Guard referred to a United States Attorney or the Attorney General, fails to provide necessary support of a seafarer who has been paroled into the United States to facilitate the investigation, reporting, documentation, or adjudication; andCommentsClose CommentsPermalink





‘(ii) a criminal penalty is subsequently imposed against the shipowner; orCommentsClose CommentsPermalink





‘(B) the shipowner, under any circumstance, abandons a seafarer in the United States, as decided by the Secretary.CommentsClose CommentsPermalink





‘(2) ENFORCEMENT- If a shipowner fails to reimburse the Fund as required under paragraph (1) of this subsection, the Secretary may--CommentsClose CommentsPermalink





‘(A) proceed in rem against any vessel of the shipowner in the Federal district court for the district in which such vessel is found; andCommentsClose CommentsPermalink





‘(B) withhold or revoke the clearance, required by section 60105 of this title, of any vessel of the shipowner wherever such vessel is found.CommentsClose CommentsPermalink





‘(3) Whenever clearance is withheld or revoked pursuant to paragraph (2)(B) of this subsection, clearance may be granted if the shipowner reimburses the Fund the amount required under paragraph (1) of this subsection.CommentsClose CommentsPermalink





‘(e) Surety; Enforcement of Treaties, Laws, and Regulations-CommentsClose CommentsPermalink





‘(1) BOND AND SURETY AUTHORITY- The Secretary is authorized to require a bond or surety satisfactory as an alternative to withholding or revoking clearance required under section 60105 of this title if, in the opinion of the Secretary, such bond or surety satisfactory is necessary to facilitate an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Coast Guard if the surety corporation providing the bond is authorized by the Secretary of the Treasury under section 9305 of title 31 to provide surety bonds under section 9304 of that title.CommentsClose CommentsPermalink





‘(2) APPLICATION- The authority to require a bond or a surety satisfactory or to request the withholding or revocation of the clearance required under section 60105 of this title applies to any investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Coast Guard.CommentsClose CommentsPermalink





‘(f) DEFINITIONS- In this section:CommentsClose CommentsPermalink





‘(1) ABANDONS; ABANDONED- The term ‘abandons’ or ‘abandoned’ means a shipowner’s unilateral severance of ties with a seafarer or the shipowner’s failure to provide necessary support of a seafarer.CommentsClose CommentsPermalink





‘(2) BOND OR SURETY SATISFACTORY- The term ‘bond or surety satisfactory’ means a negotiated instrument, the terms of which may, at the discretion of the Secretary, include provisions that require the shipowner to--CommentsClose CommentsPermalink





‘(A) provide necessary support of a seafarer who has or may have information pertinent to an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Secretary;CommentsClose CommentsPermalink





‘(B) facilitate an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Secretary;CommentsClose CommentsPermalink





‘(C) stipulate to certain incontrovertible facts, including, but not limited to, the ownership or operation of the vessel, or the authenticity of documents and things from the vessel;CommentsClose CommentsPermalink





‘(D) facilitate service of correspondence and legal papers;CommentsClose CommentsPermalink





‘(E) enter an appearance in United States district court;CommentsClose CommentsPermalink





‘(F) comply with directions regarding payment of funds;CommentsClose CommentsPermalink





‘(G) name an agent in the United States for service of process;CommentsClose CommentsPermalink





‘(H) make stipulations as to the authenticity of certain documents in United States district court;CommentsClose CommentsPermalink





‘(I) provide assurances that no discriminatory or retaliatory measures will be taken against a seafarer involved in an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Secretary;CommentsClose CommentsPermalink





‘(J) provide financial security in the form of cash, bond, or other means acceptable to the Secretary; andCommentsClose CommentsPermalink





‘(K) provide for any other appropriate measures as the Secretary considers necessary to ensure the Government is not prejudiced by granting the clearance required by section 60105 of title 46.CommentsClose CommentsPermalink





‘(3) FUND- The term ‘Fund’ means the Support of Seafarers Fund, established pursuant to this section.CommentsClose CommentsPermalink





‘(4) NECESSARY SUPPORT- The term ‘necessary support’ means normal wages, lodging, subsistence, clothing, medical care (including hospitalization), repatriation, and any other expense the Secretary deems appropriate.CommentsClose CommentsPermalink





‘(5) SEAFARER- The term ‘seafarer’ means an alien crewman who is employed or engaged in any capacity on board a vessel subject to the jurisdiction of the United States.CommentsClose CommentsPermalink





‘(6) SHIPOWNER- The term ‘shipowner’ means the individual or entity that owns, has an ownership interest in, or operates a vessel subject to the jurisdiction of the United States.CommentsClose CommentsPermalink





‘(7) VESSEL SUBJECT TO THE JURISDICTION OF THE UNITED STATES- The term ‘vessel subject to the jurisdiction of the United States’ has the same meaning it has in section 70502(c) of this title, except that it excludes a vessel owned or bareboat chartered and operated by the United States, by a State or political subdivision thereof, or by a foreign nation, except when that vessel is engaged in commerce.CommentsClose CommentsPermalink





‘(g) REGULATIONS- The Secretary may prescribe regulations to implement this section.CommentsClose CommentsPermalink





‘(h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Fund $1,500,000 for each of fiscal years 2010, 2011, and 2012.’.CommentsClose CommentsPermalink





(b) CLERICAL AMENDMENT- The chapter analysis for chapter 111 of title 46, United States Code, is amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘11113. Protection and fair treatment of seafarers.’.CommentsClose CommentsPermalink