“55501. United States Committee on the Marine Transportation System.”.
“(e) Donation for Historical Purposes.—
“(1) In general.—The Secretary may convey the right, title, and interest of the United States Government in any property administered by the Maritime Administration, except real estate or vessels, if—
“(A) the Secretary determines that such property is not needed by the Maritime Administration; and
“(B) the recipient—
“(i) is a nonprofit organization, a State, or a political subdivision of a State;
“(ii) agrees to hold the Government harmless for any claims arising from exposure to hazardous materials, including asbestos, polychlorinated biphenyls, or lead paint, after conveyance of the property;
“(iii) provides a description and explanation of the intended use of the property to the Secretary for approval;
“(iv) has provided to the Secretary proof, as determined by the Secretary, of resources sufficient to accomplish the intended use provided under clause (iii) and to maintain the property;
“(v) agrees that when the recipient no longer requires the property, the recipient shall—
“(I) return the property to the Secretary, at the recipient’s expense and in the same condition as received except for ordinary wear and tear; or
“(II) subject to the approval of the Secretary, retain, sell, or otherwise dispose of the property in a manner consistent with applicable law; and
“(vi) agrees to any additional terms the Secretary considers appropriate.
“(2) Reversion.—The Secretary shall include in any conveyance under this subsection terms under which all right, title, and interest conveyed by the Secretary shall revert to the Government if the Secretary determines the property has been used other than as approved by the Secretary under paragraph (1)(B)(iii).”
“(j) The Secretary may issue a license under this section in a class under subsection (c) to an applicant that—
“(1) has at least 3 months of qualifying service on vessels of the uniformed services (as that term is defined in section 101(a) of title 10) of appropriate tonnage or horsepower within the 7-year period immediately preceding the date of application; and
“(2) satisfies all other requirements for such a license.”
Ҥ 428. Sea service letters
“(a) In General.—The Secretary shall provide a sea service letter to a member or former member of the Coast Guard who—
“(1) accumulated sea service on a vessel of the armed forces (as such term is defined in section 101(a) of title 10); and
“(2) requests such letter.
“(b) Deadline.—Not later than 30 days after receiving a request for a sea service letter from a member or former member of the Coast Guard under subsection (a), the Secretary shall provide such letter to such member or former member if such member or former member satisfies the requirement under subsection (a)(1).”
“428. Sea service letters.”.
“(2) In this subsection, the term ‘high-risk waters’ means waters so designated by the Commandant of the Coast Guard in the maritime security directive issued by the Commandant and in effect on the date on which an applicable voyage begins, if the Secretary of Transportation—
“(A) determines that an act of piracy occurred in the 12-month period preceding the date the voyage begins; or
“(B) in such period, issued an advisory warning that an act of piracy is possible in such waters.”
Ҥ 8108. Merchant Marine Personnel Advisory Committee
“(a) Establishment.—The Secretary shall establish a Merchant Marine Personnel Advisory Committee (in this section referred to as ‘the Committee’). The Committee—
“(1) shall act solely in an advisory capacity to the Secretary through the Commandant of the Coast Guard on matters relating to personnel in the United States merchant marine, including training, qualifications, certification, documentation, and fitness standards, and other matters as assigned by the Commandant;
“(2) shall review and comment on proposed Coast Guard regulations and policies relating to personnel in the United States merchant marine, including training, qualifications, certification, documentation, and fitness standards;
“(3) may be given special assignments by the Secretary and may conduct studies, inquiries, workshops, and fact finding in consultation with individuals and groups in the private sector and with State or local governments;
“(4) shall advise, consult with, and make recommendations reflecting its independent judgment to the Secretary;
“(5) shall meet not less than twice each year; and
“(6) may make available to Congress recommendations that the Committee makes to the Secretary.
“(b) Membership.—
“(1) In general.—The Committee shall consist of not more than 19 members who are appointed by and serve terms of a duration determined by the Secretary. Before filling a position on the Committee, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the Committee.
“(2) Required members.—Subject to paragraph (3), the Secretary shall appoint as members of the Committee—
“(A) 9 United States citizens with active licenses or certificates issued under chapter 71 or merchant mariner documents issued under chapter 73, including—
“(i) 3 deck officers who represent the viewpoint of merchant marine deck officers, of whom—
“(I) 2 shall be licensed for oceans any gross tons;
“(II) 1 shall be licensed for inland river route with a limited or unlimited tonnage;
“(III) 2 shall have a master’s license or a master of towing vessels license;
“(IV) 1 shall have significant tanker experience; and
“(V) to the extent practicable—
“(aa) 1 shall represent the viewpoint of labor; and
“(bb) another shall represent a management perspective;
“(ii) 3 engineering officers who represent the viewpoint of merchant marine engineering officers, of whom—
“(I) 2 shall be licensed as chief engineer any horsepower;
“(II) 1 shall be licensed as either a limited chief engineer or a designated duty engineer; and
“(III) to the extent practicable—
“(aa) 1 shall represent a labor viewpoint; and
“(bb) another shall represent a management perspective;
“(iii) 2 unlicensed seamen, of whom—
“(I) 1 shall represent the viewpoint of able-bodied seamen; and
“(II) another shall represent the viewpoint of qualified members of the engine department; and
“(iv) 1 pilot who represents the viewpoint of merchant marine pilots;
“(B) 6 marine educators, including—
“(i) 3 marine educators who represent the viewpoint of maritime academies, including—
“(I) 2 who represent the viewpoint of State maritime academies and are jointly recommended by such State maritime academies; and
“(II) 1 who represents either the viewpoint of the State maritime academies or the United States Merchant Marine Academy; and
“(ii) 3 marine educators who represent the viewpoint of other maritime training institutions, 1 of whom shall represent the viewpoint of the small vessel industry;
“(C) 2 individuals who represent the viewpoint of shipping companies employed in ship operation management; and
“(D) 2 members who are appointed from the general public.
“(3) Consultation.—The Secretary shall consult with the Secretary of Transportation in making an appointment under paragraph (2)(B)(i)(II).
“(c) Chairman and Vice Chairman.—The Secretary shall designate one member of the Committee as the Chairman and one member of the Committee as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of the Chairman, or in the event of a vacancy in the office of the Chairman.
“(d) Subcommittees.—The Committee may establish and disestablish subcommittees and working groups for any purpose consistent with this section, subject to conditions imposed by the Committee. Members of the Committee and additional persons drawn from the general public may be assigned to such subcommittees and working groups. Only Committee members may chair subcommittee or working groups.
“(e) Termination.—The Committee shall terminate on September 30, 2020.”
“8108. Merchant Marine Personnel Advisory Committee.”.
“(b)
(1) In addition to the collection of fees and charges established under subsection (a), in providing a service or thing of value under this subtitle the Secretary may accept in-kind transportation, travel, and subsistence.
“(2) The value of in-kind transportation, travel, and subsistence accepted under this paragraph may not exceed applicable per diem rates set forth in regulations prescribed under section 464 of title 37.”
; and
“(e)
(1) In addition to the collection of fees and charges established under this section, in the provision of a service or thing of value by the Coast Guard the Secretary may accept in-kind transportation, travel, and subsistence.
“(2) The value of in-kind transportation, travel, and subsistence accepted under this paragraph may not exceed applicable per diem rates set forth in regulations prescribed under section 464 of title 37.”
“(c) Notice to State and Tribal Governments.—Not later than 24 hours after receiving a notice of a major marine casualty under this section, the Secretary shall notify each State or federally recognized Indian tribe that is, or may reasonably be expected to be, affected by such marine casualty.”
“(i) personnel of Federal, State, and local agencies; and
“(ii) members of federally recognized Indian tribes, where applicable.”
“(vii) include a framework for advance planning and decisionmaking with respect to the closing and reopening of fishing areas following a discharge, including protocols and standards for the closing and reopening of fishing areas;”
“(c) Payments.—Payments received pursuant to subsection (b)(1) shall be credited to the appropriation for operating expenses of the Coast Guard.”
Ҥ 80304. Limitation on ice patrol data
“Notwithstanding sections 80301 and 80302, data collected by an ice patrol conducted by the Coast Guard under this chapter may not be disseminated to a vessel unless such vessel is—
“(1) documented under the laws of the United States; or
“(2) documented under the laws of a foreign country that made the payment or contribution required under section 80301(b) for the year preceding the year in which the data is collected.”
“80304. Limitation on ice patrol data.”.
“(f)
(1) Upon request of an owner or operator of an offshore supply vessel, the Secretary shall delegate the authorities set forth in paragraph (1) of subsection (b) with respect to such vessel to a classification society to which a delegation is authorized under that paragraph. A delegation by the Secretary under this subsection shall be used for any vessel inspection and examination function carried out by the Secretary, including the issuance of certificates of inspection and all other related documents.
“(2) If the Secretary determines that a certificate of inspection or related document issued under authority delegated under paragraph (1) of this subsection with respect to a vessel has reduced the operational safety of that vessel, the Secretary may terminate the certificate or document, respectively.
“(3) Not later than 2 years after the date of the enactment of the Howard Coble Coast Guard and Maritime Transportation Act of 2014, and for each year of the subsequent 2-year period, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing—
“(A) the number of vessels for which a delegation was made under paragraph (1);
“(B) any savings in personnel and operational costs incurred by the Coast Guard that resulted from the delegations; and
“(C) based on measurable marine casualty and other data, any impacts of the delegations on the operational safety of vessels for which the delegations were made, and on the crew on those vessels.”
“(b)
(1) In applying this title with respect to an uninspected vessel of less than 24 meters overall in length that carries passengers to or from a port in the United States Virgin Islands, the Secretary shall substitute ‘12 passengers’ for ‘6 passengers’ each place it appears in section 2101(42) if the Secretary determines that the vessel complies with, as applicable to the vessel—
“(A) the Code of Practice for the Safety of Small Commercial Motor Vessels (commonly referred to as the ‘Yellow Code’), as published by the U.K. Maritime and Coastguard Agency and in effect on January 1, 2014; or
“(B) the Code of Practice for the Safety of Small Commercial Sailing Vessels (commonly referred to as the ‘Blue Code’), as published by such agency and in effect on such date.
“(2) If the Secretary establishes standards to carry out this subsection—
“(A) such standards shall be identical to those established in the Codes of Practice referred to in paragraph (1); and
“(B) on any dates before the date on which such standards are in effect, the Codes of Practice referred to in paragraph (1) shall apply with respect to the vessels referred to in paragraph (1).”
Ҥ 11113. Treatment of abandoned seafarers
“(a) Abandoned Seafarers Fund.—
“(1) Establishment.—There is established in the Treasury a separate account to be known as the Abandoned Seafarers Fund.
“(2) Authorized uses.—Amounts in the Fund may be appropriated to the Secretary for use—
“(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) Crediting of amounts to fund.—
“(A) In general.—Except as provided in subparagraph (B), there shall be credited to the Fund the following:
“(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) Limitation.—Amounts may be credited to the Fund under subparagraph (A) only if the unobligated balance of the Fund is less than $5,000,000.
“(4) Report required.—On the date on which the President submits each budget for a fiscal year pursuant to section 1105 of title 31, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that describes—
“(A) the amounts credited to the Fund under paragraph (2) for the preceding fiscal year; and
“(B) amounts in the Fund that were expended for the preceding fiscal year.
“(b) Limitation.—Nothing in this section shall be construed—
“(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) Reimbursement; Recovery.—
“(1) In general.—A vessel owner or operator shall reimburse the Fund an amount equal to the total amount paid from the Fund for necessary support of a seafarer, if—
“(A) the vessel owner or operator—
“(i) during the course of an investigation, reporting, documentation, or adjudication of any matter under this Act 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) Enforcement.—If a vessel owner or operator fails to reimburse the Fund under paragraph (1) within 60 days after receiving a written, itemized description of reimbursable expenses and a demand for payment, the Secretary may—
“(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(9)(a) of the Act to Prevent Pollution from Ships (33 U.S.C. 1901(9)(a)) as the vessel on which the seafarer served.
“(3) Obtaining clearance.—A vessel may obtain clearance from the Secretary after it is withheld or revoked under paragraph (2)(B) if the vessel owner or operator—
“(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) Notification required.—The Secretary shall notify the vessel at least 72 hours before taking any action under paragraph (2)(B).
“(d) Definitions.—In this section:
“(1) Abandons; abandoned.—Each of the terms ‘abandons’ and ‘abandoned’ means—
“(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) Fund.—The term ‘Fund’ means the Abandoned Seafarers Fund established under this section.
“(3) Necessary support.—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.
“(4) Seafarer.—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.
“(5) Vessel subject to the jurisdiction of the united states.—The term ‘vessel subject to the jurisdiction of the United States’ has the meaning given that term in section 70502(c), except that it does not include a vessel that is—
“(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.”
“11113. Treatment of abandoned seafarers.”.
“(g) Any penalty collected under subsection (a) or (b) that is not paid under that subsection to the person giving information leading to the conviction or assessment of such penalties shall be deposited in the Abandoned Seafarers Fund established under section 11113 of title 46, United States Code.”
“(A) Website.—
“(i) In general.—The Secretary of Transportation shall maintain a statistical compilation of all incidents on board a cruise vessel specified in paragraph (3)(A)(i) on an Internet website that provides a numerical accounting of the missing persons and alleged crimes reported under that paragraph without regard to the investigative status of the incident.
“(ii) Updates and other requirements.—The compilation under clause (i) shall—
“(I) be updated not less frequently than quarterly;
“(II) be able to be sorted by cruise line;
“(III) identify each cruise line by name;
“(IV) identify each crime or alleged crime committed or allegedly committed by a passenger or crewmember;
“(V) identify the number of individuals alleged overboard; and
“(VI) include the approximate number of passengers and crew carried by each cruise line during each quarterly reporting period.
“(iii) User-friendly format.—The Secretary of Transportation shall ensure that the compilation, data, and any other information provided on the Internet website maintained under this subparagraph are in a user-friendly format. The Secretary shall, to the greatest extent practicable, use existing commercial off the shelf technology to transfer and establish the website, and shall not independently develop software, or acquire new hardware in operating the site.”
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