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

(a)(1) A separate Treasury account called the Abandoned Seafarers Fund is established.
(a)(2) Money in the Fund may be appropriated to the Secretary for two purposes. First, it may pay necessary support for a seafarer who either (i) was paroled into the United States, or for whom the Secretary requested parole, under section 212(d)(5) of the Immigration and Nationality Act, and is involved in an investigation, report, documentation, or adjudication related to Coast Guard law administration or enforcement; or (ii) is physically in the United States, the Secretary finds was abandoned there, and has not applied for asylum under the Immigration and Nationality Act. Second, it may reimburse a vessel^* owner or operator for necessary support of a seafarer paroled into the United States to facilitate a Coast Guard investigation, report, documentation, or adjudication, if the owner or operator is not convicted of a related crime or the Secretary finds reimbursement appropriate.
(a)(3) Unless the balance is at least $5,000,000, the Fund is credited with pollution-prevention penalties deposited under 33 U.S.C. 1908 and amounts reimbursed or recovered under subsection (c).
(a)(4) When the President submits each fiscal-year budget, the Secretary must report to the specified House and Senate committees the amounts credited to and spent from the Fund during the preceding fiscal year.
(a)(5) No report is required if nothing was spent from the Fund. The Commandant must notify Congress when this exception applies.
(b) Nothing here creates a private right, benefit, or entitlement to necessary support, or requires the Secretary to pay or reimburse it.
(c)(1) A vessel owner or operator must repay the Fund all necessary-support money paid from it if the owner or operator fails to provide required support during the specified Coast Guard-referred matter and is later convicted of a related crime or required by court order or settlement to repay the Fund, or if the Secretary finds by substantial evidence that the owner or operator abandoned a seafarer in the United States.
(c)(2) If payment is not made within 60 days after a written itemized demand, the Secretary may proceed against the vessel in rem in the Federal district where it is found and may withhold or revoke the clearance required by section 60105 for that vessel and other vessels operated by the same operator.
(c)(3) Clearance may be obtained after withholding or revocation if the owner or operator repays the required amount or provides a sufficient bond or other proof of financial responsibility.
(c)(4) The Secretary must notify the vessel at least 72 hours before taking action under paragraph (2)(B).
(d)(1) “Abandons” and “abandoned” mean an owner’s or operator’s unilateral ending of ties with a seafarer or failure to provide necessary support.
(d)(2) “Fund” means the Abandoned Seafarers Fund.
(d)(3) “Necessary support” means normal wages and expenses the Secretary considers reasonable for lodging, food, clothing, medical care including hospitalization, repatriation, and other support the Secretary considers appropriate.
(d)(4) “Seafarer” means an alien crew member employed or engaged in any capacity aboard a vessel subject to United States jurisdiction.
(d)(5) “Vessel subject to the jurisdiction of the United States” has the meaning in section 70502(c), except that it excludes a vessel owned or bareboat-chartered by the United States, a State^* or its political subdivision, or a foreign nation, when the vessel is not engaged in commerce.