Page:United States Statutes at Large Volume 112 Part 5.djvu/662

 112 STAT. 3420 PUBLIC LAW 105-383—NOV. 13, 1998 46 USC 3201 note. casualty is conducted no later than 2 hours after the casualty occurs, unless such testing cannot be completed within that time due to safety concerns directly related to the casualty. "(b) The procedures in subsection (a) shall require that if alcohol testing cannot be completed within 2 hours of the occurrence of the casualty, such testing shall be conducted as soon thereafter as the safety concerns in subsection (a) have been adequately addressed to permit such testing, except that such testing may not be required more than 8 hours after the casualty occurs.". (2) The table of sections at the beginning of chapter 23 of title 46, United States Code, is amended by inserting after the item related to section 2303 the following: "2303a. Post serious marine casualty alcohol testing.". SEC. 305. PROTECT MARINE CASUALTY INVESTIGATIONS FROM MANDATORY RELEASE. Section 6305(b) of title 46, United States Code, is amended by striking all after "public" and inserting a period and "This subsection does not require the release of information described by section 552(b) of title 5 or protected from disclosure by another law of the United States.". SEC. 306. SAFETY MANAGEMENT CODE REPORT AND POLICY. (a) REPORT ON IMPLEME^^^ATION AND ENFORCEMENT OP THE INTERNATIONAL SAFETY MANAGEMENT CODE.— (1) The Secretary of Transportation (in this section referred to as the "Secretary") shall conduct a study— (A) reporting on the status of implementation of the International Safety Management Code (hereafter referred to in this section as 'Code'); (B) detailing enforcement actions involving the Code, including the role documents and reports produced pursuant to the Code play in such enforcement actions; (C) evaluating the effects the Code has had on marine safety and environmental protection, and identifying actions to further promote marine safety and environmental protection through the Code; ^ (D) identifying actions to achieve full compliance with and effective implementation of the Code; and (E) evaluating the effectiveness of internal reporting and auditing under the Code, and recommending actions to ensure the accuracy and candidness of such reporting and auditing. These recommended actions may include proposed limits on the use in legal proceedings of documents produced pursuant to the Code. (2) The Secretary shall provide opportunity for the public to participate in and comment on the study conducted under paragraph (1). Deadline. (3) Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the results of the study conducted under paragraph (b) POLICY.— Deadline. (1) Not later than 9 months after submission of the report in subsection (a)(3), the Secretary shall develop a policy to

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