Pub. L. 101-380, tit. IV, subtit. A, sec. 4106
MANNING STANDARDS FOR FOREIGN TANK VESSELS.
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 104 STAT. 514 (B) by adding at the end the following: “(2) This part applies, to the extent consistent with generally recognized principles of international law, to a foreign vessel constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue involved in a marine casualty described under subsection (a) (4) or (5) in waters subject to the jurisdiction of the United States, including the Exclusive Economic Zone.”. (c) Technical and Conforming Amendments.— Section 9(a) of the Ports and Waterways Safety Act (33 U.S.C. 1228(a)) is amended— (1) in the matter preceding paragraph (1), by striking “section 4417a of the Revised Statutes, as amended,” and inserting “chapter 37 of title 46, United States Code,”; (2) in paragraph (2), by striking “section 4417a of the Revised Statutes, as amended,” and inserting “chapter 37 of title 46, United States Code,”; and (3) in paragraph (5), by striking “section 4417a(ll) of the Revised Statutes, as amended,” and inserting “section 9101 of title 46, United States Code,”.