Page:United States Statutes at Large Volume 118.djvu/1077

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118 STAT. 1047 PUBLIC LAW 108–293—AUG. 9, 2004 ‘‘§ 7706. Drug testing reporting ‘‘(a) RELEASE OF DRUG TEST RESULTS TO COAST GUARD.—Not later than 2 weeks after receiving from a Medical Review Officer a report of a verified positive drug test or verified test violation by a civilian employee of a Federal agency, an officer in the Public Health Services, or an officer in the National Oceanic and Atmospheric Administration Commissioned Officer Corps, who is employed in any capacity on board a vessel operated by the agency, the head of the agency shall release to the Commandant of the Coast Guard the report. ‘‘(b) STANDARDS, PROCEDURES, AND REGULATIONS.—The head of a Federal agency shall carry out a release under subsection (a) in accordance with the standards, procedures, and regulations applicable to the disclosure and reporting to the Coast Guard of drug tests results and drug test records of individuals employed on vessels documented under the laws of the United States. ‘‘(c) WAIVER.—Notwithstanding section 503(e) of the Supple mental Appropriations Act, 1987 (5 U.S.C. 7301 note), the report of a drug test of an employee may be released under this section without the prior written consent of the employee.’’. (b) CONFORMING AMENDMENT.—The chapter analysis for chapter 77 of title 46, United States Code, is amended by adding at the end the following: ‘‘7706. Drug testing reporting.’’. SEC. 415. INSPECTION OF TOWING VESSELS. (a) VESSELS SUBJECT TO INSPECTION.—Section 3301 of title 46, United States Code, is amended by adding at the end the following: ‘‘(15) towing vessels.’’. (b) SAFETY MANAGEMENT SYSTEM.—Section 3306 of chapter 33 of title 46, United States Code, is amended by adding at the end the following: ‘‘(j) The Secretary may establish by regulation a safety manage ment system appropriate for the characteristics, methods of oper ation, and nature of service of towing vessels.’’. SEC. 416. POTABLE WATER. (a) IN GENERAL.—Section 3305(a) of title 46, United States Code, is amended— (1) by redesignating paragraphs (4) and (5) in order as paragraphs (5) and (6); and (2) by inserting after paragraph (3) the following: ‘‘(4) has an adequate supply of potable water for drinking and washing by passengers and crew;’’. (b) ADEQUACY DETERMINATION.—Section 3305(a) of title 46, United States Code, as amended by subsection (a), is further amended— (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; (2) by redesignating paragraphs (1) through (6) as subpara graphs (A) through (F), respectively; and (3) by adding at the end the following: ‘‘(2) In determining the adequacy of the supply of potable water under paragraph (1)(D), the Secretary shall consider— ‘‘(A) the size and type of vessel; ‘‘(B) the number of passengers or crew on board; ‘‘(C) the duration and routing of voyages; and