LARGE PASSENGER SHIP CREW REQUIREMENTS.

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.—“(A) Qualifications.—An unlicensed seaman 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 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 120 STAT. 2520 in the vessel security plan approved by the Secretary pursuant to section 70103(c) of this title.“(B) Large passenger vessel.—The term ‘large passenger vessel’ means a vessel of more than 70,000 gross tons, as measured under section 14302 of this title, with capacity for at least 2,000 passengers and documented with a coastwise endorsement under chapter 121 of this title.”.