Sec. 310. Treatment of abandoned seafarers
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The Act to Prevent Pollution from Ships ( 33 U.S.C. 1901 et seq. ) is amended— by adding at the end the following: There is established in the Treasury a separate account to be known as the Abandoned Seafarers Fund. There shall be credited to the Fund the following: Penalties deposited in the Fund under section 9, except as provided in subparagraph (B). Amounts reimbursed or recovered under subsection (d). Amounts may be credited to the Fund under subparagraph (A)(i) only if the unobligated balance of the Fund is less than $2,000,000.
On the date on which the President submits each budget for a fiscal year pursuant to section 1105 of title 31, United States Code, 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. Amounts in the Fund may be appropriated to the Secretary for use to— pay necessary support of— a seafarer that— enters, remains, or is 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 this Act by the Coast Guard; and a seafarer that the Secretary determines was abandoned in the United States and has not applied for asylum under section 208 or 235 of the Immigration and Nationality Act (8 U.S.C. 1158, 1225); and reimburse a vessel owner or operator that has provided necessary support of a seafarer who has been paroled into the United States to facilitate an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of this Act by the Coast Guard, for the costs of such necessary support. 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. 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. If a vessel owner or operator fails to reimburse the Fund under paragraph (1), the Secretary may— proceed in rem against the vessel on which the affected seafarer served in the Federal district court for the district in which the vessel is found; and withhold or revoke the clearance required under section 60105 of title 46, United States Code, for the vessel. 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). In this section: Each of the terms abandons and abandoned means— a vessel owner’s or operator’s unilateral severance of ties with a seafarer; and a vessel owner’s or operator’s failure to provide necessary support of a seafarer. The term Fund means the Abandoned Seafarers Fund established under this section. 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. The term seafarer means an alien crewman who is employed or engaged in any capacity on board a vessel subject to this Act. ; and in section 9, 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 18, subject to the limitation in subsection (a)(2)(B) of such section. .
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