SUSPENSION AND REVOCATION OF LICENSES, CERTIFICATES OF REGISTRY. AND MERCHANT MARINERS’ DOCUMENTS FOR ALCOHOL AND DRUG ABUSE.

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 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 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 preemployment (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 104 STAT. 511described 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 States Code, is amended by inserting after paragraph (8) the following new paragraph: “(8a) ‘dangerous drug’ means a narcotic drug, a controlled substance, 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. (b) Bases for Suspension or Revocation.— Section 7703 of title 46, United States Code, is amended to read as follows: “§ 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) within 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 issuance 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.”.