PUBLIC LAW 109–241—JULY 11, 2006
120 STAT. 533
individuals lawfully admitted to the United States for permanent residence who are qualified and available for the work for which the riding gang member is to be employed. ‘‘(2) CIVIL PENALTY.—A violation of paragraph (1) is punishable by a civil penalty of not more than $10,000 for each day during which the violation continues. ‘‘(3) CONTINUING VIOLATIONS.—The maximum amount of a civil penalty for a violation under this subsection shall not exceed— ‘‘(A) $50,000 if the violation occurs in fiscal year 2006; ‘‘(B) $75,000 if the violation occurs in fiscal year 2007; and ‘‘(C) $100,000 if the violation occurs after fiscal year 2007. ‘‘(4) DETERMINATION OF AMOUNT.—In determining the amount of the penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the violator, the degree of culpability, the history of prior offenses, the ability to pay, and such other matters as justice may require. ‘‘(5) COMPROMISE, MODIFICATION, AND REMITTAL.—The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty imposed under this section.’’. (b) RIDING GANG MEMBER DEFINED.—Section 2101 of such title is amended by inserting after paragraph (26) the following: ‘‘(26a) ‘riding gang member’ means an individual who— ‘‘(A) has not been issued a merchant mariner document under chapter 73; ‘‘(B) does not perform— ‘‘(i) watchstanding, automated engine room duty watch, or personnel safety functions; or ‘‘(ii) 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; ‘‘(C) does not serve as part of the crew complement required under section 8101; ‘‘(D) is not a member of the steward’s department; and ‘‘(E) 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.’’. (c) CONFORMING AMENDMENTS.— (1) CITIZENSHIP REQUIREMENT.—Section 8103 of such title is amended by adding at the end the following: ‘‘(j) RIDING GANG MEMBER.—This section does not apply to an individual who is a riding gang member.’’. (2) APPLICATION OF CHAPTER 103.—Section 10301(b) of such title is amended by striking ‘‘voyage.’’ and inserting ‘‘voyage or to riding gang members.’’.
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