[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 714 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 714

   To amend title 46, United States Code, to protect seamen against 
                           economic reprisal.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 11, 1999

 Mr. Boswell introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
   To amend title 46, United States Code, to protect seamen against 
                           economic reprisal.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protection of Seamen Against 
Economic Reprisal Act of 1999''.

SEC. 2. PROTECTION OF SEAMEN AGAINST DISCRIMINATION FOR REFUSING TO 
              PERFORM DUTIES.

    Section 2114 of title 46, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a)(1) No person shall discharge or in any manner discriminate 
against a seaman for refusing to perform the seaman's duties when the 
seaman has a reasonable apprehension that performing such duties would 
result in serious injury to the seaman, other seamen, a vessel, cargo, 
or the environment. The circumstances causing the seaman's apprehension 
of serious injury must be of such a nature that a reasonable person, 
under the circumstances then confronting the seaman, would conclude 
that there is a bona fide danger of an injury or serious impairment of 
health resulting from the circumstances.
    ``(2) In order to qualify for protection, the seaman must have--
            ``(A) sought from the seaman's employer or the owner, 
        charterer, or managing operator of the vessel on which the 
        seaman is employed, and have been unable to obtain, corrections 
        of the circumstances causing the refusal to perform the duties; 
        and
            ``(B) reported to the Coast Guard, in a timely manner to 
        the extent practicable, in accordance with regulations issued 
        by the Secretary.'';
            (2) in subsection (b)--
                    (A) in paragraph (1) by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (2) by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) an award of costs and reasonable attorney's fees to a 
        prevailing plaintiff.''.
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