46 U.S.C. § 11113: Treatment of abandoned seafarers

There is established in the Treasury a separate account to be known as the Abandoned Seafarers Fund. was paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ), or for whom the Secretary has requested parole under such section; and is involved in an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of law by the Coast Guard; or is physically present in the United States; the Secretary determines was abandoned in the United States; and has not applied for asylum under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.); and the vessel owner or operator is not convicted of a criminal offense related to such matter; or the Secretary determines that reimbursement is appropriate. Penalties deposited in the Fund under section 9 of the Act to Prevent Pollution from Ships ( 33 U.S.C. 1908 ). Amounts reimbursed or recovered under subsection (c). Amounts may be credited to the Fund under subparagraph (A) only if the unobligated balance of the Fund is less than $5,000,000. the amounts credited to the Fund under paragraph (3) for the preceding fiscal year; and amounts in the Fund that were expended for the preceding fiscal year. A report under paragraph (4) shall not be required if there were no expenditures from the Fund in the preceding fiscal year. The Commandant shall notify Congress in the event a report is not required under paragraph (4) by reason of this paragraph. 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. 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 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. proceed in rem against the vessel on which the 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 for the vessel and any other vessel operated by the same operator (as that term is defined in section 2(a)(9)(A) 1 of the Act to Prevent Pollution from Ships ( 1 So in original. Probably should be “2(a)(9)(a)”. 33 U.S.C. 1901(a)(9)(A) ) 2 as the vessel on which the seafarer served. 2 So in original. Probably should be “ 33 U.S.C. 1901(a)(9)(a) ))”. 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). The Secretary shall notify the vessel at least 72 hours before taking any action under paragraph (2)(B). a vessel owner’s or operator’s unilateral severance of ties with a seafarer; or 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 crew member who is employed or engaged in any capacity on board a vessel subject to the jurisdiction of the United States. owned, or operated under a bareboat charter, by the United States, a State or political subdivision thereof, or a foreign nation; and not engaged in commerce.