(a)
(1)
(2)
(A) to pay necessary support of a seafarer—
(i) who—
(I) 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
(II) 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
(ii) who—
(I) is physically present in the United States;
(II) the Secretary determines was abandoned in the United States; and
(III) has not applied for asylum under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); and
(B) to reimburse a vessel owner or operator for the costs of 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 law by the Coast Guard, if—
(i) the vessel owner or operator is not convicted of a criminal offense related to such matter; or
(ii) the Secretary determines that reimbursement is appropriate.
(3)
(A)
(i) Penalties deposited in the Fund under section 9 of the Act to Prevent Pollution from Ships (33 U.S.C. 1908).
(ii) Amounts reimbursed or recovered under subsection (c).
(B)
(4)
(A) the amounts credited to the Fund under paragraph (3) for the preceding fiscal year; and
(B) amounts in the Fund that were expended for the preceding fiscal year.
(b)
(1) to create a private right of action or any other right, benefit, or entitlement to necessary support for any person; or
(2) to compel the Secretary to pay or reimburse the cost of necessary support.
(c)
(1)
(A) the vessel owner or operator—
(i) 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
(ii) subsequently is—
(I) convicted of a criminal offense related to such matter; or
(II) required to reimburse the Fund pursuant to a court order or negotiated settlement related to such matter; or
(B) the vessel owner or operator abandons a seafarer in the United States, as determined by the Secretary based on substantial evidence.
(2)
(A) 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
(B) 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 (33 U.S.C. 1901(a)(9)(A)) 2 as the vessel on which the seafarer served.
(3)
(A) reimburses the Fund the amount required under paragraph (1); or
(B) provides a bond, or other evidence of financial responsibility, sufficient to meet the amount required to be reimbursed under paragraph (1).
(4)
(d)
(1)
(A) a vessel owner's or operator's unilateral severance of ties with a seafarer; or
(B) a vessel owner's or operator's failure to provide necessary support of a seafarer.
(2)
(3)
(4)
(5)
(A) owned, or operated under a bareboat charter, by the United States, a State or political subdivision thereof, or a foreign nation; and
(B) not engaged in commerce.
Editorial Notes
References in Text
The Immigration and Nationality Act, referred to in subsec. (a)(2)(A)(ii)(III), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.
Amendments
2018—Subsec. (a)(4)(A). Pub. L. 115–232, §3546(i)(1), substituted "paragraph (3)" for "paragraph (2)".
Subsec. (c)(2)(B). Pub. L. 115–232, §3546(i)(2), substituted "section 2(a)(9)(A)" for "section 2(9)(a)" and "33 U.S.C. 1901(a)(9)(A)" for "33 U.S.C. 1901(9)(a)".
2016—Subsec. (c)(1)(A)(i). Pub. L. 114–120 struck out "under this Act" after "any matter".
1 So in original. Probably should be "2(a)(9)(a)". 2 So in original. Probably should be "33 U.S.C. 1901(a)(9)(a)))".