[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 685 Reported in Senate (RS)]

                                                        Calendar No. 77
111th CONGRESS
  1st Session
                                 S. 685

                          [Report No. 111-26]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 24, 2009

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 Transportation

                             June 15, 2009

              Reported by Mr. Rockefeller, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


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

    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 ``Oil Spill Prevention Act of 2009''.

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:
    ``(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.'.
    ``(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.
    ``(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.''.

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--
            (1) by striking ``operate or'' and inserting ``operate, 
        including direction to change the vessel's heading and speed, 
        or''; and
            (2) by inserting ``emergency or'' after ``other'' in 
        paragraph (3).
    (b) Revision of VTS Policy.--The Secretary of the department in 
which the Coast guard is operating shall--
            (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; and
            (2) require vessel traffic personnel communications to 
        identify the vessel, rather than the pilot, when vessels are 
        operating in vessel traffic service pilotage areas.
    (c) Adequacy of VTS Locations and Infrastructure.--
            (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--
                    (A) the nature, volume, and frequency of vessel 
                traffic;
                    (B) the risks of collisions, allisions, spills, and 
                other maritime mishaps associated with that traffic;
                    (C) the projected impact of installation, 
                expansion, or improvement of a vessel traffic service 
                system or other risk mitigation measures; and
                    (D) any other relevant data.
            (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.
            (3) Personnel.--The Secretary shall--
                    (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; and
                    (B) require basic navigation training for vessel 
                traffic service watchstander personnel--
                            (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;
                            (ii) to exchange information regarding 
                        vessel movements with vessel and shore-based 
                        personnel; and
                            (iii) to provide advisories to vessel 
                        masters.
            (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.

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:
``Sec. 7115. Merchant mariner medical advisory committee, medical 
              standards, and medical requirements
    ``(a) Establishment.--
            ``(1) In general.--There is established a Merchant Mariner 
        Medical Advisory Committee.
            ``(2) Functions.--The Committee shall--
                    ``(A) advise the Secretary on matters relating to--
                            ``(i) medical certification determinations 
                        for issuance of merchant mariner credentials;
                            ``(ii) medical standards and guidelines for 
                        the physical qualifications of operators of 
                        commercial vessels;
                            ``(iii) medical examiner education; and
                            ``(iv) medical research; and,
                    ``(B) develop, as appropriate, specific courses and 
                materials to be used by medical examiners listed in the 
                national registry established under this section.
            ``(3) Membership.--
                    ``(A) In general.--The Committee shall consist of 
                the chief medical examiner and--
                            ``(i) 10 individuals who are health-care 
                        professionals with particular expertise, 
                        knowledge, or experience regarding the medical 
                        examinations of merchant mariners or 
                        occupational medicine; and
                            ``(ii) 4 individuals who are professional 
                        mariners with knowledge and experience in 
                        mariner occupational requirements.
                    ``(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.
                    ``(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.
    ``(b) Appointments; Terms; Vacancies; Organization.--
            ``(1) Appointment.--The Secretary shall appoint the members 
        of the Committee, and each member shall serve at the pleasure 
        of the Secretary.
            ``(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.
            ``(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.
            ``(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.
            ``(5) Staff; services.--The Secretary shall furnish to the 
        Committee the personnel and services as are considered 
        necessary for the conduct of its business.
            ``(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.
    ``(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.
    ``(d) Medical Standards and Requirements.--
            ``(1) In general.--The Secretary, with the advice of the 
        Committee , shall--
                    ``(A) establish, review, and revise--
                            ``(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; and
                            ``(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;
                    ``(B) require each merchant mariner to have a 
                current valid physical examination;
                    ``(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;
                    ``(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;
                    ``(E) require medical examiners to submit all 
                completed medical examination reports as required under 
                regulations established by the Secretary; and
                    ``(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.
            ``(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.
    ``(e) National Registry of Medical Examiners.--The Secretary, 
acting through the Commandant of the Coast Guard--
            ``(1) shall establish and maintain a current national 
        registry of medical examiners who are qualified to perform 
        examinations;
            ``(2) shall accept as valid only examinations by persons on 
        the national registry of medical examiners;
            ``(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;
            ``(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; and
            ``(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.
<DELETED>    ``(f) Medical Examiner Defined.--In this section, the term 
`medical examiner' means an individual registered in accordance with 
the regulations issued by the Secretary as a medical 
examiner.</DELETED>
    ``(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.
    ``(g) Medical Examiner Defined.--In this section, the term `medical 
examiner' means a licensed physician, physician's assistant, or nurse 
practitioner who complies with the regulations issued by the Secretary 
for medical examiners conducting examinations of merchant mariners.
    ``<DELETED>(g) </DELETED>(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.
    ``<DELETED>(h) </DELETED>(i) Regulations.--The Secretary may issue 
such regulations as may be necessary to carry out this section.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 71 of 
title 46, United States Code, is amended by adding at the end the 
following:

``7115. Merchant mariner medical advisory committee, medical standards, 
                            and medical requirements.''.

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--
            (1) to determine the causes of, and contributing factors 
        (including fatigue) to, marine casualties;
            (2) to prevent marine casualties and threats to the 
        environment;
            (3) to minimize the impacts of marine casualties and 
        environmental threats;
            (4) to maximize the lives and property saved and 
        environment protected in the event of a marine casualty;
            (5) to evaluate future marine casualties;
            (6) to monitor trends to identify causes and contributing 
        factors; and
            (7) to develop effective safety improvement policies, 
        including workload, manning and medical review provisions, and 
        programs.
    (b) Design.--The study shall employ standard research methods and 
statistical analysis and be designed to yield information that 
<DELETED>will-- </DELETED>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--
            (1) help the department assess the role that workload and 
        fatigue play in marine casualty causation;
            (2) help the department assess the role that manning, 
        particularly a one man bridge operation, plays in marine 
        casualty causation;
            (3) help the department assess the role that the medical 
        condition of merchant mariners plays in marine casualty 
        causation;
            (4) help the department assess the efficacy of safety 
        management systems in preventing marine casualties;
            <DELETED>(4) </DELETED>(5) help the department to identify 
        activities and other measures likely to lead to significant 
        reductions in the frequency and severity of marine casualties; 
        and
            <DELETED>(5) </DELETED>(6) to the extent practicable, rank 
        such activities and measures by the reductions each would 
        likely achieve if implemented.
    (c) Consultation.--In designing and conducting the study, the 
Secretary shall--
            (1) consult with persons with expertise on marine casualty 
        causation and prevention;
            (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;
            (3) consult with Federal advisory committees, including the 
        Merchant Marine Personnel Advisory Committee and the Towing 
        Safety Advisory Committee;
            <DELETED>(3) </DELETED>(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 maritime 
        <DELETED>environment; </DELETED>environment and safety 
        management systems; and
            <DELETED>(4) </DELETED>(5) review the relevant literature 
        available on previous studies from domestic and foreign 
        sources.
    (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--
            (1) preventing marine casualties and threats to the 
        environment;
            (2) minimizing the impacts of marine casualties and 
        environmental threats; and
            (3) maximizing the number of lives saved, the amount of 
        property saved, and the environment protected in the event of a 
        marine casualty.
    (e) Public Comment.--The Secretary shall make available for public 
comment information about the objectives, methodology, implementation, 
findings, and other aspects of the study.
    (f) Reports.--
            (1) In general.--The Secretary shall promptly transmit to 
        Congress the results of the study, together with any 
        legislative recommendations.
            (2) Review and update.--The Secretary shall review the 
        study at least once every 5 years and update the study and 
        report as necessary.

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--
            (1) consolidates the information contained in the existing 
        studies and addresses any such gaps or issues that need to be 
        addressed; and
            (2) to the extent such issues are not satisfactorily 
        addressed in the existing studies, includes--
                    (A) an evaluation of the necessary power 
                requirements of such tractor tug escorts;
                    (B) an analysis of the appropriate passages for the 
                use of such tractor tug escorts;
                    (C) an inventory and analysis of the existing use 
                of tractor tug escorts in United States ports; and
                    (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.
    (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.

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.

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:
    ``(f) Periods of Validity and Renewal of Merchant Mariners' 
Documents.--
            ``(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.
            ``(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.''.
    (b) Duration of Licenses.--Section 7106 of such title is amended to 
read as follows:
``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.
    ``(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.''.
    (c) Certificates of Registry.--Section 7107 of such title is 
amended to read as follows:
``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.
    ``(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.''.

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:
``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--
            ``(1) to enable the Coast Guard to eliminate a backlog in 
        processing applications for those licenses or certificates of 
        registry;
            ``(2) because necessary records have been destroyed or are 
        unavailable due to a natural disaster; or
            ``(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.
    ``(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--
            ``(1) to enable the Coast Guard to eliminate a backlog in 
        processing applications for those licenses or certificates of 
        registry;
            ``(2) because necessary records have been destroyed or are 
        unavailable due to a natural disaster; or
            ``(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.
    ``(c) Manner of Extension.--Any extensions granted under this 
section may be granted to individual seamen or a specifically 
identified group of seamen.
    ``(d) Expiration of Authority.--The authority for providing an 
extension under this section shall expire on December 31, 2011.''.
    (b) Clerical Amendment.--The chapter analysis for such chapter is 
amended by adding at the end the following:

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

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:
``11113. Protection and fair treatment of seafarers
    ``(a) Purpose.--The purpose of this section is to ensure the 
protection and fair treatment of seafarers.
    ``(b) Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        a special fund known as the `Support of Seafarers Fund'.
            ``(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--
                    ``(A) pay necessary support, pursuant to subsection 
                (c)(1)(A) of this section; and
                    ``(B) reimburse a shipowner for necessary support, 
                pursuant to subsection (c)(1)(B) of this section.
            ``(3) Amounts credited to fund.--Notwithstanding any other 
        provision of law, the Fund may receive--
                    ``(A) any moneys ordered to be paid to the Fund in 
                the form of community service pursuant to section 
                <DELETED>8B1.3 of the United States Sentencing 
                Guidelines or otherwise; </DELETED>3563(b) of title 18;
                    ``(B) amounts reimbursed or recovered pursuant to 
                subsection (d) of this section;
                    ``(C) amounts appropriated to the Fund pursuant to 
                subsection (g) of this section; and
                    ``(D) appropriations available to the Secretary for 
                transfer.
            ``(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.
            ``(5) Report required.--
                    ``(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--
                            ``(i) the amounts credited to the Fund, 
                        pursuant to paragraph (3) of this subsection, 
                        for the preceding fiscal year;
                            ``(ii) a detailed description of the 
                        activities for which amounts were charged; and
                            ``(iii) the projected level of expenditures 
                        from the Fund for the coming fiscal year, based 
                        on--
                                    ``(I) on-going activities; and
                                    ``(II) new cases, derived from 
                                historic data.
                    ``(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.
            ``(6) Fund manager.--The Secretary shall designate a Fund 
        manager, who shall--
                    ``(A) ensure the visibility and accountability of 
                transactions utilizing the Fund;
                    ``(B) prepare the report required by paragraph (5); 
                and
                    ``(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.
    ``(c) In General.--
            ``(1) Authority.--The Secretary is authorized--
                    ``(A) to pay, in whole or in part, without further 
                appropriation and without fiscal year limitation, from 
                amounts in the Fund, necessary support of--
                            ``(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; and
                            ``(ii) any seafarer whom the Secretary 
                        finds to have been abandoned in the United 
                        States; and
                    ``(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.
            ``(2) Limitation.--Nothing in this section shall be 
        construed--
                    ``(A) to create a right, benefit, or entitlement to 
                necessary support; or
                    ``(B) to compel the Secretary to pay, or reimburse 
                the cost of, necessary support.
    ``(d) Reimbursements; Recovery.--
            ``(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--
                    ``(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; and
                    ``(ii) a criminal penalty is subsequently imposed 
                against the shipowner; or
                    ``(B) the shipowner, under any circumstance, 
                abandons a seafarer in the United States, as decided by 
                the Secretary.
            ``(2) Enforcement.--If a shipowner fails to reimburse the 
        Fund as required under paragraph (1) of this subsection, the 
        Secretary may--
                    ``(A) proceed in rem against any vessel of the 
                shipowner in the Federal district court for the 
                district in which such vessel is found; and
                    ``(B) withhold or revoke the clearance, required by 
                section 60105 of this title, of any vessel of the 
                shipowner wherever such vessel is found.
            ``(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.
    ``(e) Surety; Enforcement of Treaties, Laws, and Regulations.--
            ``(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.
            ``(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.
    ``(f) Definitions.--In this section:
            ``(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.
            ``(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--
                    ``(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;
                    ``(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;
                    ``(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;
                    ``(D) facilitate service of correspondence and 
                legal papers;
                    ``(E) enter an appearance in United States district 
                court;
                    ``(F) comply with directions regarding payment of 
                funds;
                    ``(G) name an agent in the United States for 
                service of process;
                    ``(H) make stipulations as to the authenticity of 
                certain documents in United States district court;
                    ``(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;
                    ``(J) provide financial security in the form of 
                cash, bond, or other means acceptable to the Secretary; 
                and
                    ``(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.
            ``(3) Fund.--The term `Fund' means the Support of Seafarers 
        Fund, established pursuant to this section.
            ``(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.
            ``(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.
            ``(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.
            ``(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.
    ``(g) Regulations.--The Secretary may prescribe regulations to 
implement this section.
    ``(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.''.
    (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:

``11113. Protection and fair treatment of seafarers.''.
                                                        Calendar No. 77

111th CONGRESS

  1st Session

                                 S. 685

                          [Report No. 111-26]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             June 15, 2009

                        Reported with amendments