Page:United States Statutes at Large Volume 104 Part 1.djvu/547

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PUBLIC LAW 101-380 —AUG. 18, 1990 104 STAT. 513 "§ 7505. Review of information in National Driver Register "The Secretary shall make information received from the National Driver Register under section 206(b)(7) of the National Driver Register Act of 1982 (23 U.S.C. 401 note) available to an individual for review and written comment before denying, suspending, revoking, or taking any other action relating to a license, certificate of registry, or merchant mariner's document authorized to be issued for that individual under this part, based on that information.". (2) PENALTY FOR NEGUGENT OPERATION OF VESSEL. — Section 2302(c) of title 46, United States Code, is amended by striking "intoxicated" and inserting "under the influence of alcohol, or a dangerous drug in violation of a law of the United States", (c) CLERICAL AMENDMENT.— The analysis for chapter 75 of title 46, United States Code, is amended by adding at the end the following: "7505. Review of information in National Driver Register.". SEC. 4106. MANNING STANDARDS FOR FOREIGN TANK VESSELS. (a) STANDARDS FOR FOREIGN TANK VESSELS.— Section 9101(a) of title 46, United States Code, is amended to read as follows: "(a)(1) The Secretary shall evaluate the manning, training, qualification, and watchkeeping standards of a foreign country that issues documentation for any vessel to which chapter 37 of this title applies— "(A) on a periodic basis; and "(B) when the vessel is involved in a marine casualty required to be reported under section 6101(a)(4) or (5) of this title. "(2) After each evaluation made under paragraph (1) of this subsection, the Secretary shall determine whether— "(A) the foreign country has standards for licensing and certification of seamen that are at least equivalent to United States law or international standards accepted by the United States; and "(B) those standards are being enforced. "(3) If the Secretary determines under this subsection that a country has failed to maintain or enforce standards at least equivalent to United States law or international standards accepted by the United States, the Secretary shall prohibit vessels issued documentation by that country from entering the United States until the Secretary determines those standards have been established and are being enforced. "(4) The Secretary may allow provisional entry of a vessel prohibited from entering the United States under paragraph (3) of this subsection if— "(A) the owner or operator of the vessel establishes, to the satisfaction of the Secretary, that the vessel is not unsafe or a threat to the marine environment; or "(B) the entry is necessary for the safety of the vessel or individuals on the vessel.". (b) REPORTING MARINE CASUALTIES. — (1) REPORTING REQUIREMENT. —Section 6101(a) of title 46, United States Code, is amended by adding at the end the following: "(5) significant harm to the environment.". (2) APPLICATION TO FOREIGN VESSELS. —Section 6101(d) of title 46, United States Code, is amended— (A) by inserting "(1)" before "This part"; and