Page:United States Statutes at Large Volume 120.djvu/563

 120 STAT. 532

Applicability.

VerDate 14-DEC-2004

10:20 Jul 12, 2007

PUBLIC LAW 109–241—JULY 11, 2006

to the United States for permanent residence may not perform any work on board the vessel other than— ‘‘(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) WORKDAY LIMIT.— ‘‘(1) IN GENERAL.—The maximum number of days in any calendar year that the owner or operator of a vessel to which subsection (a) applies may employ on board riding gang members who are neither United States citizens nor aliens lawfully admitted to the United States for permanent residence for work on board that vessel is 60 days. If the vessel is at sea on the 60th day, each riding gang member shall be discharged from the vessel at the next port of call reached by the vessel after the date on which the 60-workday limit is reached. ‘‘(2) CALCULATION.—For the purpose of calculating the 60workday limit under this subsection, each day worked by a riding gang member who is neither a United States citizen nor an alien lawfully admitted to the United States for permanent residence shall be counted against the limitation. ‘‘(d) EXCEPTIONS FOR WARRANTY WORK.— ‘‘(1) IN GENERAL.—Subsections (b), (c), (e), and (f) do not apply to a riding gang member employed exclusively to perform, and who performs only, work that is— ‘‘(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) CITIZENSHIP REQUIREMENT.—Subsection (a)(1)(A) applies only to a riding gang member described in paragraph (1) who is on the vessel when it calls at a United States port. ‘‘(e) RECORDKEEPING.—In addition to the requirements of subsection (a), the owner or managing operator of a vessel to which subsection (a) applies shall ensure that all information necessary to ensure compliance with this section, as determined by the Secretary, is entered into the vessel’s official logbook required by chapter 113. ‘‘(f) FAILURE TO EMPLOY QUALIFIED AVAILABLE U.S. CITIZENS OR RESIDENTS.— ‘‘(1) IN GENERAL.—The owner or operator of a vessel to which subsection (a) applies may not employ a riding gang member who is neither a United States citizen nor an alien lawfully admitted to the United States for permanent residence to perform work described in subsection (b) unless the owner or operator determines, in accordance with procedures established by the Secretary to carry out section 8103(b)(3)(C), that there is not a sufficient number of United States citizens or

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