Page:United States Statutes at Large Volume 120.djvu/2550

 PUBLIC LAW 109–364—OCT. 17, 2006

120 STAT. 2519

and any other country in which the seaman receives employment referrals, or resides; ‘‘(III) that is kept on the vessel and available for inspection by the Secretary; and ‘‘(IV) the information derived from which is made available to the Secretary upon request; and ‘‘(v) may not be 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. ‘‘(B) RESTRICTIONS.—An unlicensed seaman described in paragraph (1)(C) of this subsection— ‘‘(i) may be employed only in the steward’s department of the vessel; and ‘‘(ii) may not perform watchstanding, automated engine room duty watch, or vessel navigation functions. ‘‘(C) STATUS, DOCUMENTATION, AND EMPLOYMENT.—An unlicensed seaman described in subparagraph (C) or (D) of paragraph (1) of this subsection— ‘‘(i) is deemed to meet the nationality requirements necessary to qualify for a merchant mariners document notwithstanding the requirements of part 12 of title 46, Code of Federal Regulations; ‘‘(ii) is deemed to meet the proof-of-identity requirements necessary to qualify for a merchant mariners document, as prescribed under regulations promulgated by the Secretary, if the seaman possesses— ‘‘(I) an unexpired passport issued by the government of the country of which the seaman is a citizen or subject; and ‘‘(II) an unexpired visa issued to the seaman, as described in paragraph (1)(C); ‘‘(iii) shall, if eligible, be issued a merchant mariners document with an appropriate annotation reflecting the restrictions of subparagraph (B) of this paragraph; and ‘‘(iv) may be employed for a period of service on board not to exceed 36 months in the aggregate as a nonimmigrant crewman described in section 101(a)(15)(D)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(D)(i)) on vessels engaged in domestic voyages notwithstanding the departure requirements and time limitations of such section and the regulations and rules promulgated thereunder. ‘‘(4) MERCHANT MARINER’S DOCUMENT REQUIREMENTS NOT AFFECTED.—This subsection shall not be construed to affect any requirement under Federal law that an individual must hold a merchant mariner’s document. ‘‘(5) DEFINITIONS.—In this subsection: ‘‘(A) STEWARD’S DEPARTMENT.—The term ‘steward’s department’ means the department that includes entertainment personnel and all service personnel, including wait staff, housekeeping staff, and galley workers, as defined

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