H. R. 889—9
of St. Elizabeth’s Hospital until the Administrator of General Serv-
ices submits to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Commerce, 
Science, and Transportation and the Committee on Environment 
and Public Works of the Senate a plan—
(1) to provide road access to the site from Interstate Route 
295; 
(2) for the design of facilities for at least one Federal 
agency other than the Coast Guard that would house no fewer 
than 2,000 employees at such location; 
(3) to provide transportation of employees and visitors to 
and from sites in the District of Columbia metropolitan area 
that are located within close proximity to St. Elizabeth’s Hos-
pital; 
(4) for the construction, facade, and layout of the proposed 
structures, including security considerations, parking facilities, 
medical facilities, dining facilities, and physical exercise facili-
ties on the West Campus; 
(5) that analyzes the costs of building restrictions, planning 
considerations, and permitting requirements of constructing 
new facilities on or near historic landmarks and historic 
buildings (especially those known to possess medical waste, 
lead paint, and asbestos); 
(6) that analyzes the feasibility of relocating Coast Guard 
Headquarters—
(A) to the Department of Transportation Headquarters 
located at L’Enfant Plaza; 
(B) to the Waterfront Mall Complex in Southwest Dis-
trict of Columbia; and 
(C) to 3 alternative sites requiring either new construc-
tion or leasing of current facilities (other than those 
referred to in subparagraphs (A) and (B)) within the Dis-
trict of Columbia metropolitan area that accommodate the 
Coast Guard’s minimum square footage requirements; and 
(7) that analyzes how a potential move to the West Campus 
of St. Elizabeth’s Hospital would impact—
(A) the Coast Guard’s ability to access and coopera-
tively work with the Department of Homeland Security 
and the other Federal agencies of the Department; and 
(B) plans under consideration for relocating all or parts 
of the headquarters of the Department of Homeland Secu-
rity and other offices of the Department. 
SEC. 213. COOPERATIVE AGREEMENTS. 
Not later than 180 days after the date of enactment of this 
Act, the Secretary of the department in which the Coast Guard 
is operating shall provide a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives 
on opportunities for cost savings and operational efficiencies that 
can be achieved through and the feasibility of colocating Coast 
Guard assets and personnel at facilities of other armed forces 
throughout the United States. The report shall—
(1) identify opportunities for cooperative agreements with 
respect to siting of assets or operations that may be established 
between the Coast Guard and any of the other armed forces; 
and
H. R. 889—10
(2) analyze anticipated costs and benefits, and operational 
impacts associated with each site and such agreements. 
SEC. 214. BIODIESEL FEASIBILITY STUDY. 
(a) STUDY.—The Secretary of the department in which the 
Coast Guard is operating shall conduct a study that examines 
the technical feasibility, costs, and potential cost savings of using 
biodiesel fuel in new and existing Coast Guard vehicles and vessels 
and that focuses on the use of biodiesel fuel in ports which have 
a high density of vessel traffic, including ports for which vessel 
traffic systems have been established. 
(b) REPORT.—Not later than one year after the date of enact-
ment of this Act, the Secretary shall submit a report containing 
the findings, conclusions, and recommendations (if any) from the 
study to the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Transportation and Infrastruc-
ture of the House of Representatives. 
SEC. 215. BOATING SAFETY DIRECTOR. 
(a) IN GENERAL.—Subchapter A of chapter 11 of title 14, United 
States Code, is amended by adding at the end the following: 
‘‘§ 216. Director of Boating Safety Office 
‘‘The initial appointment of the Director of the Boating Safety 
Office shall be in the grade of Captain.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such chapter is 
amended by inserting after the item relating to section 215 the 
following:
‘‘216. Director of Boating Safety Office’’.
SEC. 216. HANGAR AT COAST GUARD AIR STATION BARBERS POINT. 
Not later than 180 days after the date of enactment of this 
Act, the Secretary of the department in which the Coast Guard 
is operating shall submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives a proposal 
and cost analysis for constructing an enclosed hangar at Air Station 
Barbers Point, Hawaii. The proposal should ensure that the hangar 
has the capacity to shelter current aircraft assets and those pro-
jected to be located at the station over the next 20 years. 
SEC. 217. PROMOTION OF COAST GUARD OFFICERS. 
(a) IN GENERAL.—Section 211(a) of title 14, United States Code, 
is amended to read as follows: 
‘‘(a)(1) The President may appoint permanent commissioned 
officers in the Regular Coast Guard in grades appropriate to their 
qualification, experience, and length of service, as the needs of 
the Coast Guard may require, from among the following categories: 
‘‘(A) Graduates of the Coast Guard Academy. 
‘‘(B) Commissioned warrant officers, warrant officers, and 
enlisted members of the Regular Coast Guard. 
‘‘(C) Members of the Coast Guard Reserve who have served 
at least 2 years as such. 
‘‘(D) Licensed officers of the United States merchant marine 
who have served 2 or more years aboard a vessel of the United 
States in the capacity of a licensed officer.
H. R. 889—11
‘‘(2) Original appointments under this section in the grades 
of lieutenant commander and above shall be made by the President 
by and with the advice and consent of the Senate. 
‘‘(3) Original appointments under this section in the grades 
of ensign through lieutenant shall be made by the President alone.’’. 
(b) WARTIME TEMPORARY SERVICE PROMOTION.—Section 275(f) 
of such title is amended by striking the second and third sentences 
and inserting ‘‘Original appointments under this section in the 
grades of lieutenant commander and above shall be made by the 
President by and with the advice and consent of the Senate. Original 
appointments under this section in the grades of ensign through 
lieutenant shall be made by the President alone.’’. 
SEC. 218. REDESIGNATION OF COAST GUARD LAW SPECIALISTS AS 
JUDGE ADVOCATES. 
(a) DEFINITIONS IN TITLE 10.—Section 801 of title 10, United 
States Code, is amended—
(1) by striking paragraph (11); and 
(2) in paragraph (13) by striking subparagraph (C) and 
inserting the following: 
‘‘(C) a commissioned officer of the Coast Guard des-
ignated for special duty (law).’’. 
(b) CONFORMING AMENDMENTS.—
(1) TITLE 14.—Section 727 of title 14, United States Code, 
is amended by striking ‘‘law specialist’’ and inserting ‘‘judge 
advocate’’. 
(2) SOCIAL SECURITY ACT.—Section 465(a)(2) of the Social 
Security Act (42 U.S.C. 665(a)(2)) is amended by striking ‘‘law 
specialist’’ and inserting ‘‘judge advocate’’. 
TITLE III—SHIPPING AND NAVIGATION 
SEC. 301. TREATMENT OF FERRIES AS PASSENGER VESSELS. 
(a) FERRY DEFINED.—Section 2101 of title 46, United States 
Code, is amended by inserting after paragraph (10a) the following: 
‘‘(10b) ‘ferry’ means a vessel that is used on a regular 
schedule—
‘‘(A) to provide transportation only between places that 
are not more than 300 miles apart; and 
‘‘(B) to transport only—
‘‘(i) passengers; or 
‘‘(ii) vehicles, or railroad cars, that are being used, 
or have been used, in transporting passengers or 
goods.’’. 
(b) PASSENGER VESSELS THAT ARE FERRIES.—Section 2101(22) 
of title 46, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph (B); 
(2) by striking the period at the end of subparagraph (C) 
and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(D) that is a ferry carrying a passenger.’’. 
(c) SMALL PASSENGER VESSELS THAT ARE FERRIES.—Section 
2101(35) of title 46, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph (C); 
(2) by striking the period at the end of subparagraph (D) 
and inserting ‘‘; or’’; and
H. R. 889—12
(3) by adding at the end the following: 
‘‘(E) that is a ferry carrying more than 6 passengers.’’. 
SEC. 302. GREAT LAKES PILOTAGE ANNUAL RATEMAKING. 
Section 9303 of title 46, United States Code, is amended—
(1) in subsection (f) by inserting at the end the following: 
‘‘The Secretary shall establish new pilotage rates by March 
1 of each year. The Secretary shall establish base pilotage 
rates by a full ratemaking at least once every 5 years and 
shall conduct annual reviews of such base pilotage rates, and 
make adjustments to such base rates, in each intervening 
year.’’; and 
(2) by adding at the end the following: 
‘‘(g) The Secretary shall ensure that a sufficient number of 
individuals are assigned to carrying out subsection (f).’’. 
SEC. 303. CERTIFICATION OF VESSEL NATIONALITY IN DRUG SMUG-
GLING CASES. 
Section 3(c)(2) of the Maritime Drug Law Enforcement Act 
(46 U.S.C. App. 1903(c)(2)) is amended by striking the last two 
sentences and inserting the following: ‘‘The response of a foreign 
nation to a claim of registry under subparagraph (A) or (C) may 
be made by radio, telephone, or similar oral or electronic means, 
and is conclusively proved by certification of the Secretary of State 
or the Secretary’s designee.’’. 
SEC. 304. LNG TANKERS. 
(a) PROGRAM.—The Secretary of Transportation shall develop 
and implement a program to promote the transportation of liquefied 
natural gas to the United States on United States flag vessels. 
(b) AMENDMENT TO DEEPWATER PORT ACT.—Section 4 of the 
Deepwater Port Act of 1974 (33 U.S.C. 1503) is amended by adding 
at the end the following: 
‘‘(i) To promote the security of the United States, the Secretary 
shall give top priority to the processing of a license under this 
Act for liquefied natural gas facilities that will be supplied with 
liquefied natural gas by United States flag vessels.’’. 
(c) PUBLIC NOTICE OF LNG VESSEL’S REGISTRY AND CREW.—
(1) PLAN
SUBMITTED
WITH
APPLICATION
FOR
DEEPWATER 
PORT LICENSE.—Section 5(c)(2) of the Deepwater Port Act of 
1974 (33 U.S.C. 1504(c)(2)) is amended—
(A) by redesignating subparagraphs (K) and (L) as 
subparagraphs (L) and (M), respectively; and 
(B) by inserting after subparagraph (J) the following: 
‘‘(K) the nation of registry for, and the nationality 
or citizenship of officers and crew serving on board, vessels 
transporting natural gas that are reasonably anticipated 
to be servicing the deepwater port;’’. 
(2) INFORMATION TO BE PROVIDED.—When the Coast Guard 
is operating as a contributing agency in the Federal Energy 
Regulatory Commission’s shoreside licensing process for a lique-
fied natural gas or liquefied petroleum gas terminal located 
on shore or within State seaward boundaries, the Coast Guard 
shall provide to the Commission the information described in 
section 5(c)(2)(K) of the Deepwater Port Act of 1974 (33 U.S.C. 
1504(c)(2)(K)) with respect to vessels reasonably anticipated 
to be servicing that port.
H. R. 889—13
(d) REPORT.—Not later than 6 months after the date of enact-
ment of this Act, the Secretary of the department in which the 
Coast Guard is operating shall submit a report on the implementa-
tion of this section to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives. 
SEC. 305. USE OF MARITIME SAFETY AND SECURITY TEAMS. 
Section 70106(b)(8) of title 46, United States Code, is amended 
by striking ‘‘other security missions’’ and inserting ‘‘any other mis-
sions of the Coast Guard’’. 
SEC. 306. ENHANCED CIVIL PENALTIES FOR VIOLATIONS OF PROVI-
SIONS ENACTED BY THE COAST GUARD AND MARITIME 
TRANSPORTATION ACT OF 2004. 
(a) CONTINUING VIOLATIONS.—The section enumerated 70119 
of title 46, United States Code, as redesignated and transferred 
by section 802(a)(1) of the Coast Guard and Maritime Transpor-
tation Security Act of 2004 (118 Stat. 1078), relating to civil penalty, 
is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Any’’; 
(2) by striking ‘‘violation.’’ and inserting ‘‘day during which 
the violation continues.’’; and 
(3) by adding at the end the following: 
‘‘(b) CONTINUING VIOLATIONS.—The maximum amount of a civil 
penalty for a violation under this section shall not exceed $50,000.’’. 
(b) APPLICATION OF CIVIL PENALTY PROCEDURES.—Section 2107 
of title 46, United States Code, is amended by striking ‘‘this subtitle’’ 
each place it appears and inserting ‘‘this subtitle or subtitle VII’’. 
SEC. 307. TRAINING OF CADETS AT UNITED STATES MERCHANT 
MARINE ACADEMY. 
Section 1303(f) of the Merchant Marine Act, 1936 (46 App. 
U.S.C. 1295b(f)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (2); 
(2) by striking the period at the end of paragraph (3) 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(4) on any other vessel considered by the Secretary to 
be necessary or appropriate or in the national interest.’’. 
SEC. 308. REPORTS FROM MORTGAGEES OF VESSELS. 
Section 12120 of title 46, United States Code, is amended 
by striking ‘‘owners, masters, and charterers’’ and inserting ‘‘owners, 
masters, charterers, and mortgagees’’. 
SEC. 309. DETERMINATION OF THE SECRETARY. 
Section 70105(c) of title 46, United States Code, is amended—
(1) by redesignating paragraphs (3) and (4) as paragraphs 
(4) and (5), respectively; and 
(2) by inserting after paragraph (2) the following: 
‘‘(3) DENIAL OF WAIVER REVIEW.—
‘‘(A) IN
GENERAL.—The Secretary shall establish a 
review process before an administrative law judge for 
individuals denied a waiver under paragraph (2). 
‘‘(B) SCOPE OF REVIEW.—In conducting a review under 
the process established pursuant to subparagraph (A), the
H. R. 889—14
administrative law judge shall be governed by the stand-
ards of section 706 of title 5. The substantial evidence 
standard in section 706(2)(E) of title 5 shall apply whether 
or not there has been an agency hearing. The judge shall 
review all facts on the record of the agency. 
‘‘(C) CLASSIFIED
EVIDENCE.—The Secretary, in con-
sultation with the National Intelligence Director, shall 
issue regulations to establish procedures by which the Sec-
retary, as part of a review conducted under this paragraph, 
may provide to the individual adversely affected by the 
determination an unclassified summary of classified evi-
dence upon which the denial of a waiver by the Secretary 
was based. 
‘‘(D) REVIEW OF CLASSIFIED EVIDENCE BY ADMINISTRA-
TIVE LAW JUDGE.—
‘‘(i) REVIEW.—As part of a review conducted under 
this section, if the decision of the Secretary was based 
on classified information (as defined in section 1(a) 
of the Classified Information Procedures Act (18 U.S.C. 
App.)), such information may be submitted by the Sec-
retary to the reviewing administrative law judge, 
pursuant to appropriate security procedures, and shall 
be reviewed by the administrative law judge ex parte 
and in camera. 
‘‘(ii) SECURITY CLEARANCES.—Pursuant to existing 
procedures and requirements, the Secretary, in 
coordination (as necessary) with the heads of other 
affected departments or agencies, shall ensure that 
administrative law judges reviewing negative waiver 
decisions of the Secretary under this paragraph possess 
security clearances appropriate for such review. 
‘‘(iii) UNCLASSIFIED SUMMARIES OF CLASSIFIED EVI-
DENCE.—As part of a review conducted under this para-
graph and upon the request of the individual adversely 
affected by the decision of the Secretary not to grant 
a waiver, the Secretary shall provide to the individual 
and reviewing administrative law judge, consistent 
with the procedures established under clause (i), an 
unclassified summary of any classified information 
upon which the decision of the Secretary was based. 
‘‘(E) NEW EVIDENCE.—The Secretary shall establish a 
process under which an individual may submit a new 
request for a waiver, notwithstanding confirmation by the 
administrative law judge of the Secretary’s initial denial 
of the waiver, if the request is supported by substantial 
evidence that was not available to the Secretary at the 
time the initial waiver request was denied.’’. 
SEC. 310. SETTING, RELOCATING, AND RECOVERING ANCHORS. 
Section 12105 of title 46, United States Code, is amended 
by adding at the end the following: 
‘‘(c)(1) Only a vessel for which a certificate of documentation 
with a registry endorsement is issued may engage in—
‘‘(A) the setting, relocation, or recovery of the anchors or 
other mooring equipment of a mobile offshore drilling unit 
that is located over the outer Continental Shelf (as defined
H. R. 889—15
in section 2(a) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1331(a))); or 
‘‘(B) the transportation of merchandise or personnel to or 
from a point in the United States from or to a mobile offshore 
drilling unit located over the outer Continental Shelf that is 
not attached to the seabed. 
‘‘(2) Nothing in paragraph (1) authorizes the employment in 
the coastwise trade of a vessel that does not meet the requirements 
of section 12106 of this title.’’. 
SEC. 311. INTERNATIONAL TONNAGE MEASUREMENT OF VESSELS 
ENGAGED IN THE ALEUTIAN TRADE. 
(a) GENERAL INSPECTION EXEMPTION.—Section 3302(c)(2) of title 
46, United States Code, is amended to read as follows: 
‘‘(2) Except as provided in paragraphs (3) and (4) of this sub-
section, the following fish tender vessels are exempt from section 
3301(1), (6), (7), (11), and (12) of this title: 
‘‘(A) A vessel of not more than 500 gross tons as measured 
under section 14502 of this title or an alternate tonnage meas-
ured under section 14302 of this title as prescribed by the 
Secretary under section 14104 of this title. 
‘‘(B) A vessel engaged in the Aleutian trade that is not 
more than 2,500 gross tons as measured under section 14302 
of this title.’’. 
(b) OTHER INSPECTION EXEMPTION AND WATCH REQUIREMENT.—
Paragraphs (3)(B) and (4) of section 3302(c) of title 46, United 
States Code, and section 8104(o) of that title are each amended 
by striking ‘‘or an alternate tonnage measured under section 14302 
of this title as prescribed by the Secretary under section 14104 
of this title’’ and inserting ‘‘or less than 500 gross tons as measured 
under section 14502 of this title, or is less than 2,500 gross tons 
as measured under section 14302 of this title’’. 
SEC. 312. RIDING GANGS. 
(a) IN GENERAL.—Chapter 81 of title 46, United States Code, 
is amended by adding at the end the following: 
‘‘§ 8106. Riding gangs 
‘‘(a) IN GENERAL.—The owner or managing operator of a freight 
vessel of the United States on voyages covered by the International 
Convention for Safety of Life at Sea, 1974 (32 UST 47m) shall—
‘‘(1) ensure that—
‘‘(A) subject to subsection (d), each riding gang member 
on the vessel—
‘‘(i) is a United States citizen or an alien lawfully 
admitted to the United States for permanent residence; 
or 
‘‘(ii) possesses a United States nonimmigrant visa 
for individuals desiring to enter the United States 
temporarily for business, employment-related and per-
sonal identifying information, and any other docu-
mentation required by the Secretary; 
‘‘(B) all required documentation for such member is 
kept on the vessel and available for inspection by the 
Secretary; and 
‘‘(C) each riding gang member is identified on the 
vessel’s crew list; 
‘‘(2) ensure that—
H. R. 889—16
‘‘(A) the owner or managing operator attests in a certifi-
cate that the background of each riding gang member has 
been examined and found to be free of any credible informa-
tion indicating a material risk to the security of the vessel, 
the vessel’s cargo, the ports the vessel visits, or other 
individuals onboard the vessel; 
‘‘(B) the background check consisted of a search of 
all information reasonably available to the owner or man-
aging operator in the riding gang member’s country of 
citizenship and any other country in which the riding gang 
member works, receives employment referrals, or resides; 
‘‘(C) the certificate required under subparagraph (A) 
is kept on the vessel and available for inspection by the 
Secretary; and 
‘‘(D) the information derived from any such background 
check is made available to the Secretary upon request; 
‘‘(3) ensure that each riding gang member, while on board 
the vessel, is subject to the same random chemical testing 
and reporting regimes as crew members; 
‘‘(4) ensure that each such riding gang member receives 
basic safety familiarization and basic safety training approved 
by the Coast Guard as satisfying the requirements for such 
training under the International Convention of Training, Cer-
tification, and Watchkeeping for Seafarers, 1978; 
‘‘(5) prevent from boarding the vessel, or cause the removal 
from the vessel at the first available port, and disqualify from 
future service on board any other vessel owned or operated 
by that owner or operator, any riding gang member—
‘‘(A) who has been convicted in any jurisdiction of 
an offense described in paragraph (2) or (3) of section 
7703; 
‘‘(B) whose license, certificate of registry, or merchant 
mariner’s document has been suspended or revoked under 
section 7704; or 
‘‘(C) who otherwise constitutes a threat to the safety 
of the vessel; 
‘‘(6) ensure and certify to the Secretary that the sum of—
‘‘(A) the number of riding gang members on board 
a freight vessel, and 
‘‘(B) the number of individuals in addition to crew 
permitted under section 3304, 
does not exceed 12; 
‘‘(7) ensure that every riding gang member is employed 
on board the vessel under conditions that meet or exceed the 
minimum international standards of all applicable international 
labor conventions to which the United States is a party, 
including all of the merchant seamen protection and relief 
provided under United States law; and 
‘‘(8) ensure that each riding gang member—
‘‘(A) is supervised by an individual who holds a license 
issued under chapter 71; and 
‘‘(B) only performs work in conjunction with individuals 
who hold merchant mariners documents issued under 
chapter 73 and who are part of the vessel’s crew. 
‘‘(b) PERMITTED WORK.—Subject to subsection (f), a riding gang 
member on board a vessel to which subsection (a) applies who 
is neither a United States citizen nor an alien lawfully admitted
H. R. 889—17
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 ship-
yard. 
‘‘(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 mem-
bers 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 60-
workday 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 perma-
nent 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 sub-
section (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 Sec-
retary, 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 estab-
lished by the Secretary to carry out section 8103(b)(3)(C), that 
there is not a sufficient number of United States citizens or