Sec. 409. Nonoperating individuals
1,324 words·~6 min read·
/bill/116/s/2297/is/section-409A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 2101 of title 46, United States Code, is amended— by redesignating paragraphs
(24)through
(54)as paragraphs
(25)through (55), respectively; and by inserting after paragraph
(23)the following: nonoperating individual means an individual on a vessel who— does not perform— watchstanding, automated engine room duty watch, navigation, or personnel safety functions; 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 member; 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 of this title; 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; and is not specifically exempted from the requirement to have a merchant mariner’s document under section 8701(a) of this title. . Section 3(3) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1802(3) ), is amended by striking section 2101(30) and inserting section 2101 . Section 1992(d)(7) of title 18, United States Code, is amended by striking section 2101(31) and inserting section 2101(32) . Section 2113(3) of title 46, United States Code, is amended by striking section 2101(51)(A) and inserting section 2101(52)(A) . Section 3202(a)(1)(A) of title 46, United States Code, is amended by striking section 2101(29)(A) and inserting section 2101(30)(A) . Section 3507(k)(1) of title 46, United States Code, is amended by striking section 2101(31) and inserting section 2101 . Section 4105 of title 46, United States Code, is amended— in each of subsections (b)(1) and (c), by striking section 2101(51) and inserting section 2101(52) ; and in subsection (d), by striking section 2101(51)(A) and inserting section 2101(52)(A) . Section 12119(a)(3) of title 46, United States Code, is amended by striking section 2101(26) and inserting section 2101 . Section 1131(a)(1)(E) of title 49, United States Code, is amended by striking section 2101(46) of title 46 and inserting section 116 of title 46 . Section 8103(j) of title 46, United States Code, is amended— in the subsection heading, by striking and inserting Riding gang member ; and Riding gang member or nonoperating individual by inserting or a nonoperating 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 nonoperating 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 nonimmigrant 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 nonoperating individual is identified on the vessel’s crew list; ensure that— each nonoperating individual possesses— a merchant mariner’s document; a transportation security card issued under section 70105; or a current security clearance issued by a Federal agency; or the employer of the nonoperating 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 cargo of the vessel, the ports the vessel visits, or other individuals onboard the vessel; the examination under clause (i)— with regard to an individual described in paragraph (1)(A)(i), met the requirements of section 70105(d)(2); or with regard to an individual described in paragraph (1)(A)(ii), consisted of a check of relevant international databases and such other information that the Secretary considers relevant and 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; and the information derived from the examination under clause
(i)is made available to the Secretary upon request; ensure that each nonoperating 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 as satisfying the requirements for such training under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, done at London July 7, 1978; prevent from boarding the vessel, or cause the removal from the vessel at the first available port, and disqualify from future service on board any other vessel owned or operated by that owner or operator, any nonoperating individual— who has 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 been suspended or revoked under section 7704; or who otherwise constitutes a threat to the safety of the vessel; ensure and certify to the Secretary that the vessel is in compliance with section 3304 and chapter 35, to the extent such section or chapter otherwise applies to the vessel; and ensure that each nonoperating individual on board the vessel is employed 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. A nonoperating individual on board a vessel to which subsection
(a)applies may not perform on board the vessel— watchstanding, automated engine room duty watch, navigational, or personnel safety functions; 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 member; or safety, security, or environmental protection activities directly related to the operation of the vessel and normally conducted by the vessel’s crew. 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 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 item relating to section 8107 and inserting the following: 8107. Nonoperating individuals. 8108. Use of force against piracy. . Title 46, United States Code, is amended— in section 8701, by adding at the end the following: This section shall not apply to an individual engaged, employed, or serving on board a vessel who is a nonoperating individual, as defined in section 8107 of this title. ; and in section 51705(4), by striking 46 U.S.C. 8107 note and inserting 46 U.S.C. 8108 note .
Connectionstraces to 3
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources