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Title III1

International Oil Pollution Prevention and Removal

SENSE OF CONGRESS REGARDING PARTICIPATION IN INTERNATIONAL REGIME Sec. 30012

It is the sense of the Congress that it is in the best interests of the United States to participate in an international oil pollution liability and compensation regime that is at least as effective as Federal and State laws in preventing incidents and in guaranteeing full and prompt compensation for damages resulting from incidents.

Sec. 30022

UNITED STATES-CANADA GREAT LAKES OIL SPILL COOPERATION

(a) Review. The Secretary of State shall review relevant international agreements and treaties
with the Government of Canada, including the Great Lakes Water Quality Agreement, to
determine whether amendments or additional international agreements are necessary to-
(1) prevent discharges of oil on the Great Lakes;

(2) ensure an immediate and effective removal of oil on the Great Lakes; and
(3) fully compensate those who are injured by a discharge of oil on the Great Lakes.

(b) Consultation.-In carrying out this section, the Secretary of State shall consult with the Department of Transportation, the Environmental Protection Agency, the National Oceanic and Atmospheric Administration, the Great Lakes States, the International Joint Commission, and other appropriate agencies.

(c) Report.-The Secretary of State shall submit a report to the Congress on the results of the review under this section within 6 months after the date of the enactment of this Act.

UNITED STATES-CANADA LAKE CHAMPLAIN OIL SPILL COOPERATION

Sec. 30032

(a) Review.-The Secretary of State shall review relevant international agreements and treaties with the Government of Canada, to determine whether amendments or additional international agreements are necessary to

(1) prevent discharges of oil on Lake Champlain;

(2) ensure an immediate and effective removal of oil on Lake Champlain; and

(3) fully compensate those who are injured by a discharge of oil on Lake Champlain. (b) Consultation.-In carrying out this section, the Secretary of State shall consult with the Department of Transportation, the Environmental Protection Agency, the National Oceanic and Atmospheric Administration, the States of Vermont and New York, the International Joint Commission, and other appropriate agencies.

(c) Report.-The Secretary of State shall submit a report to the Congress on the results of the review under this section within 6 months after the date of the enactment of this Act.

INTERNATIONAL INVENTORY OF REMOVAL EQUIPMENT AND PERSONNEL

Sec. 30042

The President shall encourage appropriate international organizations to establish an international inventory of spill removal equipment and personnel.

'Editor's note: the following sections comprise Title III of Pub. L. 101-380, The Oil Pollution Act of 1990.

Editor's note: section number and text is that of Pub. L. 101-380.

NEGOTIATIONS WITH CANADA CONCERNING TUG ESCORTS IN PUGET SOUND

Sec. 30052

Congress urges the Secretary of State to enter into negotiations with the Government of Canada to ensure that tugboat escorts are required for all tank vessels with a capacity over 40,000 deadweight tons in the Strait of Juan de Fuca and in Haro Strait.

2Editor's note: section number and text is that of Pub. L. 101-380.

Title IV1

Prevention and Removal

Subtitle A- Prevention

REVIEW OF ALCOHOL AND DRUG ABUSE AND OTHER MATTERS IN ISSUING LICENSES, CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS Sec. 41012

(a) Licenses and Certificates of Registry.-Section 7101 of title 46, United States Code, is amended by adding at the end of the following:

"(g) The Secretary may not issue a license or certificate of registry under this section unless an individual applying for the license or certificate makes available to the Secretary under section 206(b)(7) of the National Driver Register Act of 1982 (23 U.S.C. 401 note), any information contained in the National Driver Register related to an offense described in section 205(a)(3) (A) or (B) of that Act committed by the individual.

(h) The Secretary may review the criminal record of an individual who applies for a license or certificate of registry under this section.

(i) The Secretary shall require the testing of an individual who applies for issuance or renewal of a license or certificate of registry under this chapter for use of a dangerous drug in violation of law or Federal regulation."

(b) Merchant Mariners' Documents.-Section 7302 of title 46, United States Code, is amended by adding at the end the following:

“(c) The Secretary may not issue a merchant mariner's document under this chapter unless the individual applying for the document makes available to the Secretary, under section 206(b)(7) of the National Driver Register Act of 1982 (23 U.S.C. 401 note), any information contained in the National Driver Register related to an offense described in section 205(a)(3) (A) or (B) of that Act committed by the individual.

(d) The Secretary may review the criminal record of an individual who applies for a merchant mariner's document under this section.

(e) The Secretary shall require the testing of an individual applying for issuance or renewal of a merchant mariner's document under this chapter for the use of a dangerous drug in violation of law or Federal regulation."

TERM OF LICENSES, CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS; CRIMINAL RECORD REVIEWS IN RENEWALS

Sec. 41022

(a) Licenses.-Section 7106 of title 46, United States Code, is amended by inserting “and may renewed for additional 5-year periods” after “is valid for 5 years."

be

(b) Certificates of Registry.-Section 7107 of title 46, United States Code, is amended by striking "is not limited in duration." and inserting “is valid for 5 years and may be renewed for additional 5-year periods."

(c) Merchant Mariners' Documents.-Section 7302 of title 46, United States Code, is amended by adding at the end the following:

“(f) A merchant mariner's document issued under this chapter is valid for 5 years and may be renewed for additional 5-year periods."

(d) Termination of Existing Licenses, Certificates, and Documents.-A license, certificate of registry, or merchant mariner's document issued before the date of the enactment of this section terminates on the day it would have expired if

'Editor's note: the following sections comprise Title III of Pub. L. 101-380, The Oil Pollution Act of 1990.

2Editor's note: section number and text is that of Pub. L. 101-380.

(1) subsection (a), (b), and (c) were in effect on the date it was issued; and

(2) it was renewed at the end of each 5-year period under section 7106, 7107, or 7302 of title 46, United States Code.

(e) Criminal Record Review in Renewals of Licenses and Certificates Of Registry.(1) In General.-Section 7109 of title 46, United States Code, is amended to read as follows: "§ 7109. Review of Criminal Records

The Secretary may review the criminal record of each holder of a license or certificate of registry issued under this part who applies for renewal of that license or certificate of registry."

(2) Clerical Amendment.-The analysis for chapter 71 of title 46, United States Code, is amended by striking the item relating to section 7109 and inserting the following: "§ 7109. Review of Criminal Records"

SUSPENSION AND REVOCATION OF LICENSES,

CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS MARINERS'
DOCUMENTS FOR ALCOHOL AND DRUG ABUSE

Sec. 41032

(a) Availability of Information in National Driver Register.

(1) In General.-Section 7702 of title 46, United States Code, is amended by adding at the end the following:

"(c) (1) The Secretary shall request a holder of a license, certificate of registry, or mer-
chant mariner's document to make available to the Secretary, under section
206(b)(4) of the National Driver Register Act of 1982 (23 U.S.C. 401 note), all
information contained in the National Driver Register related to an offense de-
scribed in section 205(a)(3) (A) or (B) of that Act committed by the individual.
(2) The Secretary shall require the testing of the holder of a license, certificate of
registry, or merchant mariner's document for use of alcohol and dangerous drugs
in violation of law or Federal regulation. The testing may include preemployment
(with respect to dangerous drugs only), periodic, random, reasonable cause, and
post accidental testing.

(d) (1) The Secretary may temporarily, for not more than 45 days, suspend and take
possession of the license, certificate of registry, or merchant mariner's document
held by an individual if, when acting under the authority of that license, certifi-
cate, or document-

(A) that individual performs a safety sensitive function on a vessel, as determined by the Secretary; and

(B) there is probable cause to believe that the individual

(i)

has performed the safety sensitive function in violation of law or Federal regulation regarding use of alcohol or a dangerous drug;

(ii)

has been convicted of an offense that would prevent the issuance or renewal of the license, certificate, or document; or

(iii) within the 3-year period preceding the initiation of a suspension proceeding, has been convicted of an offense described in section 205(a)(3) (A) or (B) of the National Driver Register Act of 1982.

(2) If a license, certificate, or document is temporarily suspended under this section, an expedited hearing under subsection (a) of this section shall be held within 30 days after the temporary suspension."

(2) Definition of Dangerous Drug

(A) Section 2101 of title 46, United State Code, is amended by inserting after paragraph (8) the following new paragraph:

"(8a) 'dangerous drug' means a narcotic drug, a controlled sub-stance, or a controlled substance analog (as defined in section 102 of the Comprehensive Drug Abuse and Control Act of 1970 (21 U.S.C. 802)).”

(B) Sections 7503(a) and 7704(a) of title 46, United States Code, are repealed.

2Editor's note: section number and text is that of Pub. L. 101-380.

(b) Bases for Suspension or Revocation.-Section 7703 of title 46, United States Code, is amended to read as follows:

Ҥ 7703. Bases For Suspension Or Revocation

A license, certificate of registry, or merchant mariner's document issued by the Secretary may be suspended or revoked if the holder—

(1) when acting under the authority of that license, certificate, or document

(A) has violated or fails to comply with this subtitle, a regulation prescribed under

this subtitle, or any other law or regulation intended to promote marine safety or to protect navigable waters; or

(B) has committed an act of incompetence, misconduct or negligence;

(2) is convicted of an offense that would prevent the issuance or renewal of a license, certificate of registry, or merchant mariner's document; or

(3) with the 3-year period preceding the initiation of the suspension or revocation proceeding is convicted of an offense described in section 205(a)(3) (A) or (B) of the National Driver Register Act of 1982 (23 U.S.C. 401 note)."

(c) Termination of Revocation.-Section 7701(c) Of title 46, United States Code, is amended to read as follows:

“(c) When a license, certificate of registry, or merchant mariner's document has been revoked under this chapter, the former holder may be issued a new license, certificate of registry, or merchant mariner's document only after

(1) the Secretary decides, under regulations prescribed by the Secretary, that the issu-
ance is compatible with the requirement of good discipline and safety at sea; and
(2) the former holder provides satisfactory proof that the bases for revocation are no longer
valid."

REMOVAL OF MASTER OR INDIVIDUAL IN CHARGE

Sec. 41042

Section 8101 of title 46, United States Code, is amended by adding at the end the following: “(i) When the 2 next most senior licensed officers on a vessel reasonably believe that the master or individual in charge of the vessel is under the influence of alcohol or a dangerous drug and is incapable of commanding the vessel, the next most senior master, mate, or operator licensed under section 7101(c) (1) or (3) of this title shall

(1) temporarily relieve the master or individual in charge;

(2) temporarily take command of the vessel;

(3) in the case of a vessel required to have a log under chapter 113 of this title, immediately enter the details of the incident in the log; and

(4) report those details to the Secretary

(A) by the most expeditious means available; and

(B) in written from transmitted within 12 hours after the vessel arrives at its next port.”

ACCESS TO NATIONAL DRIVER REGISTER

Sec. 41052

(a) Access to Register.-Section 206(b) of the National Driver Register Act of 1982 (23 U.S.C. 401 note) is amended

(1) by redesignating the second paragraph (5) (as added to the end of that section by section 4(b)(1) of the Rail Safety Improvement Act of 1988) as paragraph (6); and

(2) by adding at the end the following:

“(7)(A) Any individual who holds or who has applied for a license or certificate of registry under section 7101 of title 46, United State Code, or a merchant mariner's document under section 7302 of title 46, United States Code, may request the chief driver licensing official of a State to transmit to the Secretary of the department in which the Coast Guard is operating in accordance with subsection (a) information regarding the motor vehicle driving record of the individual.

2Editor's note: section number and text is that of Pub. L. 101-380.

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