(a)
(1) ensure that—
(A) subject to subsection (d), each riding gang member on the vessel—
(i) is a United States citizen or an alien lawfully admitted to the United States for permanent residence; or
(ii) 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;
(B) all required documentation for such member is kept on the vessel and available for inspection by the Secretary; and
(C) each riding gang member is identified on the vessel's crew list;
(2) ensure that—
(A) the owner or managing operator attests in a certificate that the background of each riding gang member 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;
(B) the background check consisted of a search of all information reasonably available to the owner or managing operator in the riding gang member's country of citizenship and any other country in which the riding gang member works, receives employment referrals, or resides;
(C) the certificate required under subparagraph (A) is kept on the vessel and available for inspection by the Secretary; and
(D) the information derived from any such background check is made available to the Secretary upon request;
(3) ensure that each riding gang member, while on board the vessel, is subject to the same random chemical testing and reporting regimes as crew members;
(4) ensure that each such riding gang member receives basic safety familiarization and basic safety training approved by the Coast Guard as satisfying the requirements for such training under the International Convention of Training, Certification, and Watchkeeping for Seafarers, 1978;
(5) 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 riding gang member—
(A) who has been convicted in any jurisdiction of an offense described in paragraph (2) or (3) of section 7703;
(B) whose license, certificate of registry, or merchant mariner's document has been suspended or revoked under section 7704; or
(C) who otherwise constitutes a threat to the safety of the vessel;
(6) ensure and certify to the Secretary that the sum of—
(A) the number of riding gang members on board a freight vessel, and
(B) the number of individuals in addition to crew permitted under section 3304,
does not exceed 12;
(7) ensure that every riding gang member 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; and
(8) ensure that each riding gang member—
(A) is supervised by an individual who holds a license issued under chapter 71; and
(B) only performs work in conjunction with individuals who hold merchant mariners documents issued under chapter 73 and who are part of the vessel's crew.
(b)
(1) work in preparation of a vessel entering a shipyard located outside of the United States;
(2) completion of the residual repairs after departing a shipyard located outside of the United States; or
(3) technical in-voyage repairs, in excess of any repairs that can be performed by the vessel's crew, in order to advance the vessel's useful life without having to actually enter a shipyard.
(c)
(1)
(2)
(d)
(1)
(A) customarily performed by original equipment manufacturers' technical representatives;
(B) required by a manufacturer's warranty on specific machinery and equipment; or
(C) required by a contractual guarantee or warranty on actual repairs performed in a shipyard located outside of the United States.
(2)
(e)
(f)
(1)
(2)
(3)
(4)
(5)
Editorial Notes
Amendments
2018—Subsec. (f)(3). Pub. L. 115–232 added par. (3) and struck out former par. (3) which related to continuing violations in fiscal years 2006 and 2007 and after fiscal year 2007.
Statutory Notes and Related Subsidiaries
International Convention for Safety of Life at Sea
For International Conventions for the Safety of Life at Sea to which the United States has been a party, see section 1602 of Title 33, Navigation and Navigable Waters, and notes thereunder.