118 STAT. 1046 PUBLIC LAW 108–293—AUG. 9, 2004 States port if the Secretary finds that the vessel does not comply with the standards stated in the International Convention for the Safety of Life at Sea to which the United States Government is currently a party.’’. (b) CONFORMING AMENDMENT.—Section 3303 of title 46, United States Code, is amended by inserting ‘‘and section 3505’’ after ‘‘chapter 37’’. SEC. 412. SERVICE OF FOREIGN NATIONALS FOR MARITIME EDU CATIONAL PURPOSES. Section 8103(b)(1)(A) of title 46, United State Code, is amended to read as follows: ‘‘(A) each unlicensed seaman must be— ‘‘(i) a citizen of the United States; ‘‘(ii) an alien lawfully admitted to the United States for permanent residence; or ‘‘(iii) a foreign national who is enrolled in the United States Merchant Marine Academy.’’. SEC. 413. CLASSIFICATION SOCIETIES. (a) IN GENERAL.—Section 3316 of title 46, United States Code, is amended by adding at the end the following: ‘‘(c)(1) A classification society (including an employee or agent of that society) may not review, examine, survey, or certify the construction, repair, or alteration of a vessel in the United States unless— ‘‘(A) the society has applied for approval under this subsection and the Secretary has reviewed and approved that society with respect to the conduct of that society under paragraph (2); or ‘‘(B) the society is a full member of the International Association of Classification Societies. ‘‘(2) The Secretary may approve a person for purposes of paragraph (1) only if the Secretary determines that— ‘‘(A) the vessels surveyed by the person while acting as a classification society have an adequate safety record; and ‘‘(B) the person has an adequate program to— ‘‘(i) develop and implement safety standards for vessels surveyed by the person; ‘‘(ii) make the safety records of the person available to the Secretary in an electronic format; ‘‘(iii) provide the safety records of a vessel surveyed by the person to any other classification society that requests those records for the purpose of conducting a survey of the vessel; and ‘‘(iv) request the safety records of a vessel the person will survey from any classification society that previously surveyed the vessel.’’. (b) APPLICATION.—Section 3316(c)(1) of title 46, United States Code, shall apply with respect to operation as a classification society on or after January 1, 2005. SEC. 414. DRUG TESTING REPORTING. (a) IN GENERAL.—Chapter 77 of title 46, United States Code, is amended by adding at the end: 46 USC 3316 note.
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