Labor provisions

(a) Liability for injury or death of master or crew member Section 30104(a) of title 46, United States Code, is amended by adding at the end the following: In an action brought under this section against a defendant employer that does not reside or maintain an office in the United States (including any territory or possession of the United States) and that engages in any enterprise that makes use of one or more ports in the United States (as defined in section 2101 of this title) jurisdiction shall be under the district court most proximate to the place of the occurrence of the personal injury or death that is the subject of the action.. (b) Election To under participate Longshore and Harbor Workers’ Compensation Act Section 30104 of title 46, United States Code, is amended by adding at the end the following: (c) Participation in an authorized compensation plan The employer of a master or member of the crew of a vessel may participate in an authorized compensation plan under the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 901 et seq.). An employer that participates in such a plan is subject to such Act. If an employer participates in an authorized compensation plan under such Act— (1) a master or crew member employed by such employer shall be considered to be an employee for the purposes of such Act; and (2) the liability of that employer under such Act to the master or crew member, or to any person otherwise entitled to recover damages from the employer based on the injury, disability, or death of the master or crew member, shall be exclusive and in lieu of all other liability.. (c) Minimum requirements All vessels, whether documented in the United States or not, operating in the coastwise trade of the United States shall be subject to minimum international labor standards for seafarers under international agreements in force for the United States, as determined by the Secretary of Transportation on the advice of the Secretaries of Labor and Defense.