Sec. 214. Protection and fair treatment of seafarers
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Chapter 111 of title 46, United States Code, is amended by adding at the end the following: The purpose of this section shall be to ensure the protection and fair treatment of seafarers. There is established in the Treasury a special fund known as the Support of Seafarers Fund. The amounts deposited into the Fund shall be available to the Secretary, without fiscal year limitation— to pay necessary support under subsection (c)(1); and to reimburse a shipowner for necessary support under subsection (c)(2).
Notwithstanding any other provision of law, the Fund may receive— any moneys ordered to be paid to the Fund in the form of community service under section 8B1.3 of the United States Sentencing Guidelines Manual or to the extent permitted under paragraph (4); and amounts reimbursed or recovered under subsection (e). The Fund may receive credits under paragraph (3)(A) if the unobligated balance of the Fund is less than $5,000,000. There is authorized to be appropriated, from the Fund, for each fiscal year such sums as may be necessary for the purposes set forth in paragraph (2).
The Secretary shall submit to Congress, concurrent with the President's budget submission for a given fiscal year, a report that describes— the amounts credited to the Fund under paragraph
(3)for the preceding fiscal year; in detail, the activities for which amounts were charged; and the projected level of expenditures from the Fund for the upcoming fiscal year, based on— on-going activities; and new cases, derived from historic data. Subparagraph
(A)shall not apply to obligations during the first fiscal year during which amounts are credited to the Fund. The Secretary shall designate a Fund manager who shall— ensure the visibility and accountability of transactions utilizing the Fund; prepare the report under paragraph (6); 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. The Secretary may— pay, from amounts appropriated from the Fund, 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 any treaty, law, or regulation by the Coast Guard; and a seafarer that the Secretary determines was abandoned in the United States; and reimburse, from amounts appropriated from the Fund, a shipowner 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 any treaty, law, or regulation by the Coast Guard, for the costs of necessary support if the Secretary determines that reimbursement is necessary to avoid serious injustice. Nothing in this section shall be construed— to create a right, benefit, or entitlement to necessary support; or to compel the Secretary to pay or reimburse the cost of necessary support. A shipowner shall reimburse the Fund an amount equal to the total amount paid from the Fund for necessary support of a seafarer plus a surcharge of 25 percent of the total amount if— 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 was paroled into the United States to facilitate the investigation, reporting, documentation, or adjudication; and subsequently receives a criminal penalty; or the shipowner, under any circumstance, abandons a seafarer in the United States, as determined by the Secretary. If a shipowner fails to reimburse the Fund under paragraph (1), the Secretary may— proceed in rem against any vessel of the shipowner 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 any vessel of the shipowner wherever the vessel is found. A vessel may obtain clearance from the Secretary after it is withheld or revoked under paragraph (2)(B) if the shipowner reimburses the Fund the amount required under paragraph (1). The Secretary may require a bond or a surety satisfactory as an alternative to withholding or revoking clearance under subsection
(e)if, in the opinion of the Secretary, the 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. A surety corporation may provide a bond or surety satisfactory under paragraph
(1)if the surety corporation is authorized by the Secretary of the Treasury under section 9305 of title 31 to provide surety bonds under section 9304 of title 31. The authority to require a bond or surety satisfactory or to request the withholding or revocation of the clearance under subsection
(e)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. In this section: The term abandons or abandoned means— a shipowner's unilateral severance of ties with a seafarer; or a shipowner's failure to provide necessary support of a seafarer. The term Fund means the Support of Seafarers Fund established under this section. The term necessary support means normal wages, lodging, subsistence, clothing, medical care (including hospitalization), repatriation, and any other expense the Secretary considers appropriate. 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. A seafarer is a claimant for the purposes of section 30509 of this title. The term shipowner means an individual or entity that owns, has an ownership interest in, or operates a vessel subject to the jurisdiction of the United States. The term vessel subject to the jurisdiction of the United States has the meaning given the term in section 70502(c), except that it excludes— a vessel— that is owned by the United States, a State or political subdivision thereof, or a foreign nation; and that is not engaged in commerce; and a bareboat— that is chartered and operated by the United States, a State or political subdivision thereof, or a foreign nation; and that is not engaged in commerce. The Secretary may prescribe regulations to implement this section. . The table of contents for chapter 111 of title 46, United States Code, is amended by inserting after the item relating to section 11112 the following: 11113. Protection and fair treatment of seafarers. . There is authorized to be appropriated to the Support of Seafarers Fund $1,500,000 for each of fiscal years 2014 and 2015.