Page:United States Statutes at Large Volume 104 Part 1.djvu/544

 104 STAT. 510 PUBLIC LAW 101-380—AUG. 18, 1990 46 USC 7106 (d) TERMINATION OF EXISTING LICENSES, CERTIFICATES, AND DOCU- "°*®- MENTS. —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— (1) subsections (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.". SEC. 4103. SUSPENSION AND REVOCATION OF LICENSES, CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS'DOCUMENTS FOR ALCOHOL AND DRUG ABUSE. (a) AVAILABILITY OF INFORMATION IN NATIONAL DRIVER REG- ISTER. — (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 merchant 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 described 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 premployment (with respect to dangerous drugs only), periodic, random, reasonable cause, and post accident 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, certificate, 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

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