Sec. 303. Non-operating individual
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Section 2101 of title 46, United States Code, is amended by inserting after paragraph
(23)the following: non-operating individual means an individual who— does not perform— with respect to the operation of a vessel, watchstanding, automated engine room duty watch, navigation, or personnel safety functions; with respect to the loading and unloading of merchandise, cargo handling functions, including any activity relating to the loading or unloading of cargo, the operation of cargo-related equipment (whether or not integral to the vessel), and the handling of mooring lines on the dock when the vessel is made fast or let go; vessel maintenance, including any repairs that can be performed by the vessel’s crew or a riding gang; or safety, security, or environmental protection activities directly related to the operation of the vessel and normally conducted by the vessel’s crew; does not serve as part of the crew complement required under section 8101; does not serve as a riding gang member; is not a member of the steward’s department; is not a citizen or temporary or permanent resident of a country designated by the United States as a sponsor of terrorism or any other country that the Secretary, in consultation with the Secretary of State and the heads of other appropriate United States agencies, determines to be a security threat to the United States; is not specifically exempted from the requirement to have a merchant mariner’s document under section 8701(a); has not been convicted in any jurisdiction of an offense described in paragraph
(2)or
(3)of section 7703; whose license, certificate of registry, or merchant mariner’s document has not been suspended or revoked under section 7704; and who does not otherwise constitutes a threat to the safety of the vessel; . Section 8103(j) of title 46, United States Code, is amended by— striking and inserting Riding Gang Member ; and Riding Gang Member or Non-Operating Individual inserting or a non-operating individual before the period. Chapter 81 of title 46, United States Code, is amended— by redesignating section 8107 as section 8108; and by inserting after section 8106 the following: The owner or managing operator of a merchant vessel of the United States of at least 100 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104 shall— ensure that— each non-operating individual on the vessel— is a United States citizen or an alien lawfully admitted to the United States for permanent residence; or possesses a United States non-immigrant visa for individuals desiring to enter the United States temporarily for business, employment-related and personal identifying information, and any other documentation required by the Secretary; all required documentation for such individual is kept on the vessel and available for inspection by the Secretary; and each non-operating individual is identified on the manifest; ensure that— each non-operating individual possesses— a merchant mariner’s document; a transportation worker identification credential under section 70105; or a current security clearance issued by a Federal agency; or the employer of such an individual attests in a certificate to the owner or managing operator that— the background of such individual has been examined and found to be free of any credible information indicating a material risk to the security of the vessel, the vessel’s cargo, the ports the vessel visits, or other individuals onboard the vessel;; such examination— met the requirements of section 70105(d)(2), for persons described in paragraph (1)(A)(i) of this subsection; or consisted of a search of all information reasonably available to the owner or managing operator in the individual’s country of citizenship and any other country in which the individual works, receives employment referrals, or resides, for persons described in paragraph (1)(A)(ii) of this subsection; and the information derived from any such examination is made available to the Secretary upon request; ensure that each non-operating individual of the vessel, while on board the vessel, is subject to the same random chemical testing and reporting regimes as crew members; ensure that each such individual employed on the vessel receives basic safety familiarization and basic safety training approved by the Coast Guard; and ensure that every non-operating individual of the vessel is employed on board the vessel under conditions that meet or exceed the minimum international standards of all applicable international labor conventions to which the United States is a party, including all of the merchant seamen protection and relief provided under United States law. In addition to the requirements of subsection (a), the owner or managing operator of a vessel to which subsection
(a)applies shall ensure that all information necessary to ensure compliance with this section, as determined by the Secretary, is entered into the vessel’s official logbook required by chapter 113. A person (including an individual) violating this section is liable to the United States Government for a civil penalty of $1,250. . The analysis for chapter 81 of title 46, United States Code, is amended by striking the items relating to section 8107 and inserting the following: 8107. Non-operating individual 8108. Use of force against piracy . Section 8701 of title 46, United States Code, is amended by adding at the end the following: This section does not apply to non-operating individuals. . Section 51705(4) of title 46, United States Code, is amended by striking 46 U.S.C. 8107 note and inserting 46 U.S.C. 8108 note .
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