Page:United States Statutes at Large Volume 120.djvu/2549

 120 STAT. 2518

PUBLIC LAW 109–364—OCT. 17, 2006

United States Naval Reserve) or the United States Coast Guard Reserve before receiving any student incentive payments under this subsection.’’. SEC. 3509. LARGE PASSENGER SHIP CREW REQUIREMENTS.

Section 8103 of title 46, United States Code, is amended by adding at the end the following: ‘‘(k) CREW REQUIREMENTS FOR LARGE PASSENGER VESSELS.— ‘‘(1) CITIZENSHIP AND NATIONALITY.—Each unlicensed seaman on a large passenger vessel shall be— ‘‘(A) a citizen of the United States; ‘‘(B) an alien lawfully admitted to the United States for permanent residence; ‘‘(C) an alien allowed to be employed in the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), including an alien crewman described in section 101(a)(15)(D)(i) of that Act (8 U.S.C. 1101(a)(15)(D)(i)), who meets the requirements of paragraph (3)(A) of this subsection; or ‘‘(D) a foreign national who is enrolled in the United States Merchant Marine Academy. ‘‘(2) PERCENTAGE LIMITATION FOR ALIEN SEAMEN.—Not more than 25 percent of the unlicensed seamen on a vessel described in paragraph (1) of this subsection may be aliens referred to in subparagraph (B) or (C) of that paragraph. ‘‘(3) SPECIAL RULES FOR CERTAIN UNLICENSED SEAMEN.— unlicensed seaman ‘‘(A) QUALIFICATIONS.—An described in paragraph (1)(C) of this subsection— ‘‘(i) shall have been employed, for a period of not less than 1 year, on a passenger vessel under the same common ownership or control as the vessel described in paragraph (1) of this subsection, as certified by the owner or managing operator of such vessel to the Secretary; ‘‘(ii) shall have no record of material disciplinary actions during such employment, as verified in writing by the owner or managing operator of such vessel to the Secretary; ‘‘(iii) shall have successfully completed a United States Government security check of the relevant domestic and international databases, as appropriate, or any other national security-related information or database; ‘‘(iv) shall have successfully undergone an employer background check— ‘‘(I) for which the owner or managing operator provides a signed report to the Secretary that describes the background checks undertaken that are reasonably and legally available to the owner or managing operator including personnel file information obtained from such seaman and from databases available to the public with respect to the seaman; ‘‘(II) that consisted of a search of all information reasonably available to the owner or managing operator in the seaman’s country of citizenship

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