U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

79–010 

" ! SENATE 

111TH CONGRESS

1st Session 

REPORT

2009

111–26 

Calendar No. 77 

OIL SPILL PREVENTION ACT OF 2009 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 685 

JUNE 15, 2009.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED ELEVENTH CONGRESS

FIRST SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

TOM UDALL, New Mexico 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

JOHN ENSIGN, Nevada 

JIM DEMINT, South Carolina 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

JOHNNY ISAKSON, Georgia 

DAVID VITTER, Louisiana 

SAM BROWNBACK, Kansas 

MEL MARTINEZ, Florida 

MIKE JOHANNS, Nebraska 

ELLEN DONESKI, Chief of Staff 

JAMES REID, Deputy Chief of Staff 

BRUCE ANDREWS, General Counsel 

CHRISTINE KURTH, Republican Staff Director and General Counsel 

BRIAN HENDRICKS, Chief Counsel 

TODD BERTOSON, Republican Senior Counsel 


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Calendar No. 77 

111TH CONGRESS REPORT " ! SENATE 1st Session 111–26 

OIL SPILL PREVENTION ACT OF 2009 

JUNE 15, 2009.—Ordered to be printed 

Mr. ROCKEFELLER, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 685] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 685) to require new vessels for carrying oil fuel to have double hulls, and for other purposes, having 

considered the same, reports favorably thereon with amendments 

and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

S. 685, the Oil Spill Prevention Act of 2009, would make improvements to the design and construction of fuel tanks for nontank vessels and to the medical review program for merchant mariners. 

BACKGROUND AND NEEDS

Oil spills that result from accidents, groundings, or collisions create substantial environmental and economic damage. The most expensive spill in U.S. waters, the 1989 tank vessel Exxon Valdez 

spill in Alaska, cost $2.5 billion to clean up. Less expensive but still 

significant spills have occurred since then. Most recently, in July 

2008, a collision occurred in the Mississippi River between an oil 

tanker, the Tintomara, and an American Commercial Lines barge 

resulting in a 270,000 gallon oil spill. In addition to harming wetlands, riverbank, and other coastal habitats, the incident resulted 

in significant economic disruption including extensive waterway 

closures, closure of industrial and municipal water intakes, and interference with critical channel dredging operations. The water intake closures affected hundreds of thousands of people in communities along the river. The Mississippi River was closed to traffic 


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for six days which resulted in an estimated economic impact of 

$275 million per day. In November 2007, the non-tank vessel Cosco 

Busan spilled 58,000 gallons of fuel oil into San Francisco Bay, but 

had fuel tanks capable of carrying 2 million gallons of heavy-duty 

bunker fuel oil. Cleanup costs for this incident exceeded $70 million, and other claims and losses, including commercial fishing closures and natural resource damages, are still being tabulated. 

A tank vessel transports oil or hazardous materials in bulk. A 

non-tank vessel transports other types of cargo or provides other 

services, such as offshore supply vessels, passenger vessels, fishing 

vessels, or containerized cargo vessels. While oil transport and 

maritime traffic continues to increase, the total number of reported 

spills has generally declined each year since 1990, when the Oil 

Pollution Act of 1990 was signed into law. According to Coast 

Guard oil spill statistics compiled between 1973 and 2004, nontank vessels and fishing vessels now account for the highest number of spill incidents, however tank vessels and barges are responsible for the majority of oil spilled by volume. 

SUMMARY OF PROVISIONS

The major provisions in this bill would: (1) implement the International Maritime Organization (IMO) amendment requiring a 

double hull or an additional protective layer around the fuel tank 

for non-tank vessels; (2) clarify the Coast Guard’s authority to direct the movement of vessel traffic in a Vessel Traffic System area 

and require the Coast Guard to assess the need for improved vessel 

traffic management measures; (3) create a medical review program 

for merchant mariners; (4) require the Coast Guard to conduct a 

study into the causes of marine accidents; (5) conform the duration 

of mariner licenses, certificates of registry, merchant mariner documents, and transportation worker identification credentials; and (6) 

establish a mechanism to allow the Coast Guard to provide humanitarian relief for seafarers abandoned in the United States and support of seafarers who are witnesses to maritime-related crimes. 

LEGISLATIVE HISTORY

During the 110th Congressional Session a similar bill, S. 2699, 

was introduced on March 4, 2008, by Senators Lautenberg and 

Boxer and was referred to the Committee on Commerce, Science, 

and Transportation. A hearing on oil spill prevention was held on 

March 4, 2008. On May 15, 2008, the Committee met in open executive session and ordered S. 2699 reported favorably with amendment. 

On March 24, 2009, Senator Lautenberg introduced S. 685, the 

Oil Spill Prevention Act of 2009, by Senators Rockefeller, Boxer, 

Cantwell and Begich. The legislation was referred to the Senate 

Committee on Commerce, Science, and Transportation. On May 18, 

2009, a manager’s amendment was filed of the underlying bill by 

Senator Lautenberg to modify: Section 4 to expand the eligibility 

for mariners to submit medical examinations by medical examiners 

not on the national registry and further defines the term ‘medical 

examiner’; Section 5 to require the evaluation of additional criteria 

to determine the causes of marine casualties as well as consultaVerDate Nov 24 2008 07:08 Jun 16, 2009 Jkt 079010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6601 E:\HR\OC\SR026.XXX SR026

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tion of appropriate federal advisory committees; and, Section 10 to 

make a technical correction. 

Staff assigned to this legislation are Dabney Hegg, Democratic 

Senior Professional Staff Member, and Todd Bertoson, Republican 

Senior Counsel. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

Hon. JOHN D. ROCKEFELLER IV, 

Chairman, Committee on Commerce, Science, and Transportation, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 685, the Oil Spill Prevention 

Act of 2009. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Deborah Reis. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 685—Oil Spill Prevention Act of 2009 

Summary: S. 685 would address maritime safety issues, including spills of fuel oil from vessels. Based on information provided by 

the U.S. Coast Guard and assuming appropriation of the necessary 

amounts, CBO estimates that implementing S. 685 would cost 

about $7 million over the 2010–2014 period. Implementing section 

9 could reduce offsetting receipts from commercial fees charged by 

the Coast Guard, but CBO estimates that any such reductions 

would be minimal and would be partially offset by reductions in direct spending. Enacting S. 685 would not affect revenues. 

S. 685 contains no intergovernmental mandates as defined in the 

Unfunded Mandates Reform Act (UMRA) and would impose no 

costs on state, local, or tribal governments. The bill, however, contains private-sector mandates as defined in UMRA on U.S. merchant mariners and U.S. ship owners. While the cost of one of the 

mandates is likely to be small, the cost to comply with the other 

mandate is uncertain. Consequently, CBO cannot determine whether the aggregate costs to comply with the private-sector mandates 

in the bill would exceed the annual threshold established in UMRA 

($139 million in 2009, adjusted annually for inflation). 

Estimated Cost to the Federal Government : 

The estimated budgetary impact of S. 685 is shown in the following table. The costs of this legislation fall within budget function 300 (natural resources and environment). 

By fiscal year, in millions of dollars— 

2010 2011 2012 2013 2014 2010– 

2014 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ...................................................... 3 2 2 * * 7 


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By fiscal year, in millions of dollars— 

2010 2011 2012 2013 2014 2010– 

2014 

Estimated Outlays ........................................................................ 2 3 2 * * 7 

Note: * = less than $500,000. 

Basis of estimate: For this estimate CBO assumes that S. 685 

will be enacted near the end of fiscal year 2009 and that the 

amounts specifically authorized by the legislation or estimated to 

be necessary will be appropriated for each year. Estimated outlays 

are based on historical spending patterns for similar programs. 

Spending subject to appropriation 

Under section 2 of the bill, newly constructed ships that have an 

aggregate capacity of at least 600 cubic meters of fuel oil would be 

required to be built with a double hull or other protection against 

spills. CBO estimates that implementing this provision would cost 

the Coast Guard less than $500,000 annually, assuming the availability of appropriated funds. The agency would need such additional amounts to promulgate and enforce new regulations. 

The bill also would require the Coast Guard to conduct studies 

on marine casualties or environmental threats and on the need for 

tractor tugboats to escort vessels that carry large amounts of fuel 

into U.S. ports. CBO estimates that the total cost of conducting the 

two studies in 2010 would be about $500,000, assuming availability 

of the necessary amounts. 

Finally, section 10 would establish a Support of Seafarers Fund 

to pay the expenses of seamen who are abandoned by their ships 

or who must remain in the United States as witnesses in certain 

legal proceedings. The proposed fund would be available to pay seamen’s wages and subsistence, medical care, repatriation, and other 

expenses. The fund would receive appropriated amounts (at an authorized level of $1.5 million for each of fiscal years 2010 through 

2012), and any amounts transferred from other federal accounts, or 

reimbursed by ship owners. 

Assuming appropriation of the amounts authorized to be paid 

into the new fund, CBO estimates that implementing section 10 

would increase discretionary spending by $4.5 million over the 

2010–2014 period. We estimate that direct spending of amounts 

transferred to the fund from other accounts or amounts reimbursed 

by ship owners (which would be treated as offsetting receipts, a 

credit against direct spending) would be minimal and would have 

no net impact on the federal budget. 

DIRECT SPENDING

Section 9 would authorize the Coast Guard to extend for one year 

certain expiring marine licenses, certificates of registry, and merchant mariner documents. The authority to provide such extensions 

would apply through December 11, 2011. Because the extensions 

would delay the collection of fees charged for renewal of such documents, enacting this provision could reduce offsetting receipts (an 

offset against direct spending) over the next year or two. Some of 

those receipts may be spent without further appropriation, however, to cover collection expenses. CBO estimates that the net effect 


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on direct spending from enacting this provision would be less than 

$500,000 in each of fiscal years 2010 and 2011. 

Intergovernmental and private-sector impact: S. 685 contains no 

intergovernmental mandates as defined in UMRA and would impose no costs on state, local, or tribal governments. The bill, however, contains private-sector mandates as defined in UMRA on U.S. 

merchant mariners and U.S. ship owners. While the cost of one of 

the mandates is likely to be small, the cost to comply with the 

other mandate is uncertain. Consequently, CBO cannot determine 

whether the aggregate costs to comply with the private-sector mandates in the bill would exceed the annual threshold established in 

UMRA ($139 million in 2009, adjusted annually for inflation). 

Section 4 of the bill would require U.S. merchant mariners to 

comply with new medical standards established by the U.S. Coast 

Guard to ensure that the physical condition of all merchant mariners (approximately 220,000 currently employed) is adequate for 

them to safely carry out their duties onboard vessels. The standards would be based on a future study by the U.S. Coast Guard 

and consultation with the advisory committee established under 

the bill. The cost to comply with the mandate would depend on 

standards to be issued under the bill. Because the scope and stringency of those standards are uncertain, the cost is uncertain. 

Section 10 would require ship owners to pay certain expenses of 

seamen who are abandoned under the conditions specified in the 

bill. The bill would require ship owners who do not pay those expenses to reimburse the Support of Seafarers Fund the total 

amount paid from the fund to support the seamen, plus a surcharge of 25 percent. 

According to industry sources, situations in which ship owners 

would have to pay such expenses are rare, and payments would 

likely be low. Therefore, CBO estimates that the cost to ship owners to comply with this mandate would likely be minimal. 

The Unfunded Mandates Reform Act excludes from the application of that act any legislative provision that is necessary for the 

ratification or implementation of international treaty obligations. 

CBO has determined that section 2 of S. 685 falls within that exclusion; therefore, we have not reviewed it for intergovernmental or 

private-sector mandates. 

Estimate prepared by: Federal Costs: Deborah Reis; Impact on 

State, Local, and Tribal Governments: Ryan Miller; Impact on the 

Private Sector: Jacob Kuipers. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

This bill is intended to minimize the damage of an accidental oil 

spill by requiring a double hull or an additional protective layer 

around the fuel tank for non-tank vessels. This requirement already exists through the IMO Marine Environment Protection 


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Committee, so it affects those already subject to the rules of the 

IMO. Additionally, any person affected by the creation of the medical advisory committee in this bill would be contributing to a safer 

and healthier maritime industry. The provision to allow merchant 

mariner credentials up to eight months in advance of their expiration would positively impact mariners with appropriate documentation. 

ECONOMIC IMPACT

This legislation would not have an adverse economic impact on 

the Nation. This bill would promote a safer and more efficient maritime environment, which could ultimately reduce the monetary 

consequences of oil spills or other manmade disasters. 

PRIVACY

S. 685 would have minimal effect on the privacy rights of individuals. 

PAPERWORK

The Committee does not anticipate a major increase in paperwork burdens for individuals or business resulting from the passage of this legislation. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 would title S. 685 as the Oil Spill Prevention Act of 

2009. 

Section 2. Oil fuel tank protection 

Section 2 would implement the IMO amendment 12A to the 

International Convention to Prevent Pollution from Ships 

(MARPOL) Annex I which establishes design requirements for protectively locating fuel tanks on all ships consistent with amendment 12A. It would also allow the Secretary to apply the requirements to vessels not subject to the convention consistent with the 

Administrative Procedures Act. 

In March 2006, the IMO Marine Environment Protection Committee adopted a resolution to establish design requirements for 

protectively locating fuel tanks on all ships with an aggregate oil 

fuel capacity of 600 cubic meters or more that have a building contract on or after August 1, 2007, or a delivery date on or after August 1, 2010. The resolution limits fuel oil tank capacity to 2,500 

cubic meters or approximately 660 thousand gallons. The resolution also includes inspection requirements for wing and double-bottom tanks or spaces when approving the design and construction 

of ships. 


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The IMO resolution offers two mechanisms through which a vessel can meet the new requirement. Vessel operators can either: (1) 

install a double-hull, or (2) install some form of bulkhead or shell 

plating surrounding a fuel tank. If operators install a bulkhead or 

shell plating, they must place the fuel tank a calculated safe distance from both the side and bottom of the non-tank vessel. The 

resolution also requires that fuel oil piping within specific proximity to the actual sides or bottom of the vessel be fitted with readily accessible valves or similar closing devices or immediately adjacent to the fuel oil tank. The valves will be required to close in case 

of remote system failure and remain closed at sea any time the 

tank contains fuel oil. As a signatory to the International Convention to Prevent Pollution from Ships (MARPOL) Annex I, amendment 12A, the United States has an obligation to act in accordance 

with the convention. 

Section 3. Maritime emergency prevention 

Section 3 would clarify the Coast Guard’s authority to direct the 

movement of vessel traffic in a VTS area and would require the 

Coast Guard to develop and distribute guidance to VTS personnel 

that clearly defines the authority to direct vessel movement when 

it is in the best interest of safety. The provision would direct the 

Coast Guard to conduct an assessment of the need for new, expanded, or improved vessel traffic management measures. The provision also would set forth additional navigational training requirements for Coast Guard VTS watch stander personnel. This provision is based on the National Transportation Safety Board’s 

(NTSB) recommendation from the Cosco Busan incident. 

Section 4. Merchant Mariner Medical Advisory Committee, medical 

standards, and medical requirements 

Section 4 would establish an advisory committee of medical subject matter specialists familiar with the unique maritime occupational environment. These subject matter specialists would: (1) advise the Secretary on medical matters relating to the issuance of 

Merchant Mariner Credentials; (2) recommend medical standards 

and guidelines for the physical qualifications of mariners; and (3) 

develop training materials in order to certify that medical examiners in a national registry established by this section satisfy performance standards. This provision would provide a way for the 

Coast Guard to standardize the training for medical examiners and 

the reporting of medical examinations. The national registry would 

ensure a basic level of quality and the timely management of the 

medical review process. This language would create a medical review process and national registry of examiners similar to that 

within the Federal Motor Carrier Safety Administration and the 

Federal Aviation Administration. This provision is based on a 

NTSB recommendation. 

Section 5. Study of marine casualty causation 

Section 5 would require the Coast Guard to conduct a study into 

the causes of marine accidents. 


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Section 6. Coast Guard study on the use of tractor tugs 

Section 6 would direct the Coast Guard to perform a study at the 

five highest volume ports in the United States on the use of tractor 

tug escorts that aid in avoiding shipping accidents by escorting vessels that transport or carry a high volume of oil. The use of tractor 

tug escorts is mandated by State regulation and/or by order of the 

Captain of the Port in a number of west coast ports. New generation tugboats are powerful enough to hold vessels in a static location in the event of a mechanical problem or the onset of fog. These 

tugs also provide a number of other safety improvements by providing increased maneuverability in the tight confines of a harbor. 

Section 7. Trained pollution investigators 

Section 7 would require the Coast Guard to have at least one pollution investigator either on duty or on recall status at all time in 

each Sector Command pursuant to recommendations in the Incident Specific Preparedness Review of the Cosco Busan collision. 

Section 8. Duration of credentials 

Section 8 would amend current law to allow merchant mariners’ 

credentials to be issued up to eight months in advance. The new 

credential would not be effective until the date that the previous 

merchant mariner credential expires. Under current law, licenses, 

certificates of registry, and merchant mariners’ documents (credentials) are valid for exactly five years. 

Section 9. Authorization to extend the duration of licenses, certificates of registry, and merchant mariner documents 

Section 9 would provide the Coast Guard with the authority to 

extend the expiration date of credentials when deemed appropriate 

or necessary, such as during a national disaster, in the interest of 

national security, or to align the credential expiration date with the 

expiration of a Transportation Worker Identification Credential. 

Section 10. Protection and fair treatment of seafarers 

Section 10 would create a legal and fiscal remedy for two intractable, often inter-related problems: humanitarian relief for seafarers abandoned in the United States and support of seafarers 

who are witnesses to maritime-related crimes. In both instances, 

this section would allow the Secretary of the Department in which 

the Coast Guard operates to draw from a special fund to pay necessary support for abandoned seafarers, including seafarers who 

are witnesses in Coast Guard investigations and subsequent proceedings. Under current law, the Coast Guard has limited ability 

to assist abandoned seafarers, including those whose testimony is 

necessary for an investigation. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 


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PORTS AND WATERWAYS SAFETY ACT OF 1972 

SEC. 4. VESSEL OPERATING REQUIREMENTS. 

[33 U.S.C. 1223] 

(a) IN GENERAL.—Subject to the requirements of section 5, the 

Secretary— 

(1) in any port or place under the jurisdiction of the United 

States, in the navigable waters of the United States, or in any 

area covered by an international agreement negotiated pursuant to section 11, may construct, operate, maintain, improve, 

or expand vessel traffic services, consisting of measures for 

controlling or supervising vessel traffic or for protecting navigation and the marine environment and may include, but need 

not be limited to one or more of the following: reporting and 

operating requirements, surveillance and communications systems, routing systems, and fairways; 

(2) shall require appropriate vessels which operate in an 

area of a vessel traffic service to utilize or comply with that 

service; 

(3) may require vessels to install and use specified navigation equipment, communications equipment, electronic relative 

motion analyzer equipment, or any electronic or other device 

necessary to comply with a vessel traffic service or which is 

necessary in the interests of vessel safety: Provided, That the 

Secretary shall not require fishing vessels under 300 gross tons 

as measured under section 14502 of title 46, United States 

Code, or an alternate tonnage measured under section 14302 

of that title as prescribed by the Secretary under section 14104 

of that title or recreational vessels 65 feet or less to possess or 

use the equipment or devices required by this subsection solely 

under the authority of this Act; 

(4) may control vessel traffic in areas subject to the jurisdiction of the United States which the Secretary determines to be 

hazardous, or under conditions of reduced visibility, adverse 

weather, vessel congestion, or other hazardous circumstances 

by— 

(A) specifying times of entry, movement, or departure; 

(B) establishing vessel traffic routing schemes; 

(C) establishing vessel size, speed, draft limitations and 

vessel operating conditions; and 

(D) restricting operation, in any hazardous area or under 

hazardous conditions, to vessels which have particular operating characteristics or capabilities which he considers 

necessary for safe operation under the circumstances; 

(5) may require the receipt of prearrival messages from any 

vessel, destined for a port or place subject to the jurisdiction 

of the United States, in sufficient time to permit advance vessel traffic planning prior to port entry, which shall include any 

information which is not already a matter of record and which 

the Secretary determines necessary for the control of the vessel 

and the safety of the port or the marine environment; and 

(6) may prohibit the use on vessels of electronic or other devices that interfere with communication and navigation equipment, except that such authority shall not apply to electronic 

or other devices certified to transmit in the maritime services 


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by the Federal Communications Commission and used within 

the frequency bands 157.1875–157.4375 MHz and 161.7875– 

162.0375 MHz. 

(b) SPECIAL POWERS.—The Secretary may order any vessel, in a 

port or place subject to the jurisdiction of the United States or in 

the navigable waters of the United States, to øoperate or¿ operate, 

including direction to change the vessel’s heading and speed, or anchor in a manner he directs if— 

(1) he has reasonable cause to believe such vessel does not 

comply with any regulation issued under this Act or any other 

applicable law or treaty; 

(2) he determines that such vessel does not satisfy the conditions for port entry set forth in section 9; or 

(3) by reason of weather, visibility, sea conditions, port congestion, other emergency or hazardous circumstances, or the 

condition of such vessel, he is satisfied that such directive is 

justified in the interest of safety. 

(c) PORT ACCESS ROUTES.— (1) In order to provide safe access routes for the movement 

of vessel traffic proceeding to or from ports or places subject to 

the jurisdiction of the United States, and subject to the requirements of paragraph (3) hereof, the Secretary shall designate necessary fairways and traffic separation schemes for 

vessels operating in the territorial sea of the United States and 

in high seas approaches, outside the territorial sea, to such 

ports or places. Such a designation shall recognize, within the 

designated area, the paramount right of navigation over all 

other uses. 

(2) No designation may be made by the Secretary pursuant 

to this subsection, if such a designation, as implemented, 

would deprive any person of the effective exercise of a right 

granted by a lease or permit executed or issued under other 

applicable provisions of law: Provided, That such right has become vested prior to the time of publication of the notice required by clause (A) of paragraph (3) hereof: Provided further, 

That the determination as to whether the designation would so 

deprive any such person shall be made by the Secretary, after 

consultation with the responsible official under whose authority the lease was executed or the permit issued. 

(3) Prior to making a designation pursuant to paragraph (1) 

hereof, and in accordance with the requirements of section 5, 

the Secretary shall— 

(A) within six months after date of enactment of this Act 

(and may, from time to time thereafter), undertake a study 

of the potential traffic density and the need for safe access 

routes for vessels in any area for which fairways or traffic 

separation schemes are proposed or which may otherwise 

be considered and shall publish notice of such undertaking 

in the Federal Register; 

(B) in consultation with the Secretary of State, the Secretary of the Interior, the Secretary of Commerce, the Secretary of the Army, and the Governors of affected States, 

as their responsibilities may require, take into account all 

other uses of the area under consideration (including, as 

appropriate, the exploration for, or exploitation of, oil, gas, 


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or other mineral resources, the construction or operation of 

deepwater ports or other structures on or above the seabed 

or subsoil of the submerged lands or the Outer Continental 

Shelf of the United States, the establishment or operation 

of marine or estuarine sanctuaries, and activities involving 

recreational or commercial fishing); and 

(C) to the extent practicable, reconcile the need for safe 

access routes with the needs of all other reasonable uses 

of the area involved. 

(4) In carrying out his responsibilities under paragraph (3), 

the Secretary shall proceed expeditiously to complete any study 

undertaken. Thereafter, he shall promptly issue a notice of proposed rulemaking for the designation contemplated or shall 

have published in the Federal Register a notice that no designation is contemplated as a result of the study and the reason for such determination. 

(5) In connection with a designation made pursuant to this 

subsection, the Secretary— 

(A) shall issue reasonable rules and regulations governing the use of such designated areas, including the applicability of rules 9 and 10 of the International Regulations for Preventing Collisions at Sea, 1972, relating to 

narrow channels and traffic separation schemes, respectively, in waters where such regulations apply; 

(B) to the extent that he finds reasonable and necessary 

to effectuate the purposes of the designation, make the use 

of designated fairways and traffic separation schemes 

mandatory for specific types and sizes of vessels, foreign 

and domestic, operating in the territorial sea of the United 

States and for specific types and sizes of vessels of the 

United States operating on the high seas beyond the territorial sea of the United States; 

(C) may, from time to time, as necessary, adjust the location or limits of designated fairways or traffic separation 

schemes, in order to accommodate the needs of other uses 

which cannot be reasonably accommodated otherwise: Provided, That such an adjustment will not, in the judgment 

of the Secretary, unacceptably adversely affect the purpose 

for which the existing designation was made and the need 

for which continues; and 

(D) shall, through appropriate channels, (i) notify cognizant international organizations of any designation, or 

adjustment thereof, and (ii) take action to seek the cooperation of foreign States in making it mandatory for vessels under their control to use any fairway or traffic separation scheme designated pursuant to this subsection in 

any area of the high seas, to the same extent as required 

by the Secretary for vessels of the United States. 

(d) EXCEPTION.—Except pursuant to international treaty, convention, or agreement, to which the United States is a party, this Act 

shall not apply to any foreign vessel that is not destined for, or departing from, a port or place subject to the jurisdiction of the 

United States and that is in— 

(1) innocent passage through the territorial sea of the United 

States, or 


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(2) transit through the navigable waters of the United States 

which form a part of an international strait. 

(e) COOPERATIVE AGREEMENTS.— 

(1) The Secretary may enter into cooperative agreements 

with public or private agencies, authorities, associations, institutions, corporations, organizations, or other persons to carry 

out the functions under subsection (a)(1). 

(2) A nongovernmental entity may not under this subsection 

carry out an inherently governmental function. 

(3) As used in this paragraph, the term ‘‘inherently governmental function’’ means any activity that is so intimately related to the public interest as to mandate performance by an 

officer or employee of the Federal Government, including an 

activity that requires either the exercise of discretion in applying the authority of the Government or the use of judgment in 

making a decision for the Government. 

TITLE 46. SHIPPING 

SUBTITLE II. VESSELS AND SEAMEN

PART B. INSPECTION AND REGULATION OF VESSELS

CHAPTER 33. INSPECTION GENERALLY

§ 3306. Regulations 

(a) To carry out this part and to secure the safety of individuals 

and property on board vessels subject to inspection, the Secretary 

shall prescribe necessary regulations to ensure the proper execution of, and to carry out, this part in the most effective manner 

for— 

(1) the design, construction, alteration, repair, and operation 

of those vessels, including superstructures, hulls, fittings, 

equipment, appliances, propulsion machinery, auxiliary machinery, boilers, unfired pressure vessels, piping, electric installations, and accommodations for passengers and crew, sailing school instructors, and sailing school students; 

(2) lifesaving equipment and its use; 

(3) firefighting equipment, its use, and precautionary measures to guard against fire; 

(4) inspections and tests related to paragraphs (1), (2), and 

(3) of this subsection; and 

(5) the use of vessel stores and other supplies of a dangerous 

nature. 

(b)(1) Equipment and material subject to regulation under this 

section may not be used on any vessel without prior approval of the 

Secretary. 

(2) Except with respect to use on a public vessel, the Secretary 

may treat an approval of equipment or materials by a foreign government as approval by the Secretary for purposes of paragraph (1) 

if the Secretary determines that— 

(A) the design standards and testing procedures used by that 

government meet the requirements of the International Convention for the Safety of Life at Sea, 1974; 


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(B) the approval of the equipment or material by the foreign 

government will secure the safety of individuals and property 

on board vessels subject to inspection; and 

(C) for lifesaving equipment, the foreign government— 

(i) has given equivalent treatment to approvals of lifesaving equipment by the Secretary; and 

(ii) otherwise ensures that lifesaving equipment approved by the Secretary may be used on vessels that are 

documented and subject to inspection under the laws of 

that country. 

(c) In prescribing regulations for sailing school vessels, the Secretary shall consult with representatives of the private sector having experience in the operation of vessels likely to be certified as 

sailing school vessels. The regulations shall— 

(1) reflect the specialized nature of sailing school vessel operations, and the character, design, and construction of vessels 

operating as sailing school vessels; and 

(2) include requirements for notice to sailing school instructors and sailing school students about the specialized nature of 

sailing school vessels and applicable safety regulations. 

(d) In prescribing regulations for nautical school vessels operated 

by the United States Merchant Marine Academy or by a State maritime academy (as defined in section 51102 of this title), the Secretary shall consider the function, purpose, and operation of the 

vessels, their routes, and the number of individuals who may be 

carried on the vessels. 

(e) When the Secretary finds it in the public interest, the Secretary may suspend or grant exemptions from the requirements of 

a regulation prescribed under this section related to lifesaving and 

firefighting equipment, muster lists, ground tackle and hawsers, 

and bilge systems. 

(f) In prescribing regulations for offshore supply vessels, the Secretary shall consider the characteristics, methods of operation, and 

the nature of the service of offshore supply vessels. 

(g) In prescribing regulations for fish processing or fish tender 

vessels, the Secretary shall consult with representatives of the private sector having experience in the operation of these vessels. The 

regulations shall reflect the specialized nature and economics of 

fish processing or fish tender vessel operations and the character, 

design, and construction of fish processing or fish tender vessels. 

(h) The Secretary shall establish appropriate structural fire protection, manning, operating, and equipment requirements for vessels of at least 100 gross tons but less than 300 gross tons as measured under section 14502 of this title, or an alternate tonnage 

measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title carrying not more than 150 

passengers on domestic voyages, which meet the eligibility criteria 

of section 2113(4) of this title. 

(i) The Secretary shall establish appropriate structural fire protection, manning, operating, and equipment requirements for 

former public vessels of the United States of at least 100 gross tons 

but less that 500 gross tons as measured under section 14502 of 

this title, or an alternate tonnage measured under section 14302 of 

this title as prescribed by the Secretary under section 14104 of this 


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title carrying not more than 150 passengers on domestic voyages, 

which meet the eligibility criteria of section 2113(5) of this title. 

(j) The Secretary may establish by regulation a safety management system appropriate for the characteristics, methods of operation, and nature of service of towing vessels. 

(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. 

TITLE 46. SHIPPING 

SUBTITLE II. VESSELS AND SEAMEN

PART E. MERCHANT SEAMEN LICENSES, CERTIFICATES, AND

DOCUMENTS

CHAPTER 71. LICENSES AND CERTIFICATES OF REGISTRY

§ 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. 


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(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 


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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 


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Transportation to perform medical examinations of operators of 

commercial motor vehicles under section 31149 of title 49 and 

airmen. 

(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. 

(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. 

(i) REGULATIONS.—The Secretary may issue such regulations as 

may be necessary to carry out this section. 

TITLE 46. SHIPPING 

SUBTITLE II. VESSELS AND SEAMEN

PART E. MERCHANT SEAMEN LICENSES, CERTIFICATES, AND

DOCUMENTS

CHAPTER 71. LICENSES AND CERTIFICATES OF REGISTRY

§ 7302. Issuing merchant mariners’ documents and continuous discharge books 

(a) The Secretary shall issue a merchant mariner’s document to 

an individual required to have that document under part F of this 

subtitle if the individual satisfies the requirements of this part. 

The document serves as a certificate of identification and as a certificate of service, specifying each rating in which the holder is 

qualified to serve on board vessels on which that document is required under part F. 

(b) The Secretary also may issue a continuous discharge book to 

an individual issued a merchant mariner’s document if the individual requests. 

(c) The Secretary may not issue a merchant mariner’s document 

under this chapter unless the individual applying for the document 

makes available to the Secretary, under section 30305(b)(5) of title 

49, any information contained in the National Driver Register related to an offense described in section 30304(a)(3)(A) or (B) of title 

49 committed by the individual. 

(d) The Secretary may review the criminal record of an individual who applies for a merchant mariner’s document under this 

section. 


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(e) The Secretary shall require the testing of an individual applying for issuance or renewal of a merchant mariner’s document 

under this chapter for the use of a dangerous drug in violation of 

law or Federal regulation. 

ø(f) Except as provided in subsection (g), a merchant mariner’s 

document issued under this chapter is valid for 5 years and may 

be renewed for additional 5-year periods.¿ 

(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. 

(g)(1) The Secretary may, pending receipt and review of information required under subsections (c) and (d), immediately issue an 

interim merchant mariner’s document valid for a period not to exceed 120 days, to— 

(A) an individual to be employed as gaming personnel, 

entertainment personnel, wait staff, or other service personnel on board a passenger vessel not engaged in foreign 

service, with no duties, including emergency duties, related to the navigation of the vessel or the safety of the 

vessel, its crew, cargo or passengers; or 

(B) an individual seeking renewal of, or qualifying for a 

supplemental endorsement to, a valid merchant mariner’s 

document issued under this section. 

(2) No more than one interim document may be issued to an 

individual under paragraph (1)(A) of this subsection. 

§ 7106. Duration of licenses 

øA license issued under this part is valid for 5 years and may 

be renewed for additional 5-year periods. However, 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.¿ 

(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. 

§ 7107. Duration of certificates of registry 

øA certificate of registry issued under this part is valid for 5 

years and may be renewed for additional 5-year periods. However, 

the validity of a certificate issued to a medical doctor or professional nurse is conditioned on the continuous possession by the 


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holder of a license as a medical doctor or registered nurse, respectively, issued by a State.¿ 

(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. 

TITLE 46. SHIPPING 

SUBTITLE II. VESSELS AND SEAMEN

PART E. MERCHANT SEAMEN LICENSES, CERTIFICATES, AND

DOCUMENTS

CHAPTER 75. GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, 

AND DOCUMENTATION

§ 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.’’. 


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TITLE 46. SHIPPING 

SUBTITLE II. VESSELS AND SEAMEN

PART G. MERCHANT SEAMEN PROTECTION AND RELIEF

CHAPTER 111. PROTECTION AND RELIEF

§ 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 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— 


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(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— 


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(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 REGULA- TIONS.— 

(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; 


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(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. 

Æ 


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