PUBLIC LAW 109–241—JULY 11, 2006
120 STAT. 531
‘‘(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) PERMITTED WORK.—Subject to subsection (f), a riding gang member on board a vessel to which subsection (a) applies who is neither a United States citizen nor an alien lawfully admitted
VerDate 14-DEC-2004
10:20 Jul 12, 2007
Jkt 059194
PO 00001
Frm 00529
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL001.109
APPS06
PsN: PUBL001
�
