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46 USC CHAPTER 75 - GENERAL PROCEDURES FOR LICENSING,
CERTIFICATION, AND DOCUMENTATION 1/07/2011 (111-383)
-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 75 - GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
DOCUMENTATION
-HEAD-
CHAPTER 75 - GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
DOCUMENTATION
-MISC1-
Sec.
7501. Duplicates.
7502. Records.
7503. Dangerous drugs as grounds for denial.
7504. Travel and expense reimbursement.
7505. Review of information in National Driver Register.
7506. Convention tonnage for licenses, certificates, and
documents.
7507. Authority to extend the duration of licenses,
certificates of registry, and merchant mariner
documents.
AMENDMENTS
2010 - Pub. L. 111-281, title VI, Sec. 615(b), Oct. 15, 2010, 124
Stat. 2972, added item 7507.
1996 - Pub. L. 104-324, title VII, Sec. 745(b), Oct. 19, 1996,
110 Stat. 3943, added item 7506.
1990 - Pub. L. 101-380, title IV, Sec. 4105(c), Aug. 18, 1990,
104 Stat. 513, added item 7505.
1986 - Pub. L. 99-640, Sec. 10(b)(2)(B), Nov. 10, 1986, 100 Stat.
3550, added item 7504.
-End-
-CITE-
46 USC Sec. 7501 1/07/2011 (111-383)
-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 75 - GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
DOCUMENTATION
-HEAD-
Sec. 7501. Duplicates
-STATUTE-
(a) If a license, certificate of registry, or merchant mariner's
document issued under this part is lost as a result of a marine
casualty, the holder shall be supplied with a duplicate without
cost.
(b) For any other loss, the seaman may obtain a duplicate on
payment of reasonable costs prescribed by regulation by the
Secretary.
-SOURCE-
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 545; Pub. L. 99-36, Sec.
1(a)(9)(C), May 15, 1985, 99 Stat. 68.)
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HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
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7501 46:643(h)
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Section 7501(a) provides that if a license, certificate or
document issued to an individual is lost due to a marine casualty,
the individual will be supplied with a duplicate without cost.
Subsection (b) provides that if a license, certificate or
document is lost for any reason other than a marine casualty, the
seaman must pay a reasonable cost for the replacement.
AMENDMENTS
1985 - Subsec. (a). Pub. L. 99-36 substituted "certificate of
registry, or merchant mariner's document" for "certificate, or
document".
-End-
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46 USC Sec. 7502 1/07/2011 (111-383)
-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 75 - GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
DOCUMENTATION
-HEAD-
Sec. 7502. Records
-STATUTE-
(a) The Secretary shall maintain records, including electronic
records, on the issuances, denials, suspensions, and revocations of
licenses, certificates of registry, merchant mariners' documents,
and endorsements on those licenses, certificates, and documents.
(b) The Secretary may prescribe regulations requiring a vessel
owner or managing operator of a commercial vessel, or the employer
of a seaman on that vessel, to maintain records of each individual
engaged on the vessel subject to inspection under chapter 33 on
matters of engagement, discharge, and service for not less than 5
years after the date of the completion of the service of that
individual on the vessel. The regulations may require that a vessel
owner, managing operator, or employer shall make these records
available to the individual and the Coast Guard on request.
(c) A person violating this section, or a regulation prescribed
under this section, is liable to the United States Government for a
civil penalty of not more than $5,000.
-SOURCE-
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 545; Pub. L. 101-380, title
IV, Sec. 4114(e), Aug. 18, 1990, 104 Stat. 517; Pub. L. 111-281,
title VI, Sec. 605, Oct. 15, 2010, 124 Stat. 2967.)
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HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
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7502 46:414
46:643(f)
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Section 7502 requires the Secretary to maintain records on the
issuances, denials, suspensions, and revocations of licenses,
certificates of registry, merchant mariner's documents, and
endorsements.
AMENDMENTS
Pub. L. 111-281 designated existing provisions as subsec. (a),
substituted "records, including electronic records," for
"computerized records", and added subsecs. (b) and (c).
1990 - Pub. L. 101-380 substituted "maintain computerized
records" for "maintain records".
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-380 applicable to incidents occurring
after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
as an Effective Date note under section 2701 of Title 33,
Navigation and Navigable Waters.
-End-
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46 USC Sec. 7503 1/07/2011 (111-383)
-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 75 - GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
DOCUMENTATION
-HEAD-
Sec. 7503. Dangerous drugs as grounds for denial
-STATUTE-
[(a) Repealed. Pub. L. 101-380, title IV, Sec. 4103(a)(2)(B),
Aug. 18, 1990, 104 Stat. 511.]
(b) A license, certificate of registry, or merchant mariner's
document authorized to be issued under this part may be denied to
an individual who -
(1) within 10 years before applying for the license,
certificate, or document, has been convicted of violating a
dangerous drug law of the United States or of a State; or
(2) when applying, has ever been a user of, or addicted to, a
dangerous drug unless the individual provides satisfactory proof
that the individual is cured.
-SOURCE-
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 545; Pub. L. 99-36, Sec.
1(a)(9)(D), May 15, 1985, 99 Stat. 68; Pub. L. 101-380, title IV,
Sec. 4103(a)(2)(B), Aug. 18, 1990, 104 Stat. 511.)
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HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
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7503(a) 46:239a(a)
46:239b(a)
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Section 7503 provides that the issuance of a license,
certificate, or document may be denied by the Secretary to any
individual who has been convicted, within 10 years, of violating a
dangerous drug law of the United States or to any individual who
has been a user of a dangerous drug, unless the individual provides
satisfactory proof of being cured. This includes PCP and LSD. See
also the note to section 7704. However, the Secretary may deny
issuing a license, certificate or document to the individual who
has used or been convicted of a "controlled substance" such as LSD
if that use or conviction occurred before the date of enactment of
this Act.
AMENDMENTS
1990 - Subsec. (a). Pub. L. 101-380 repealed subsec. (a) which
defined "dangerous drug" for purpose of this section as narcotic
drug, controlled substance, and marihuana.
1985 - Subsec. (b). Pub. L. 99-36 substituted "certificate of
registry, or merchant mariner's document" for first reference to
"certificate, or document".
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-380 applicable to incidents occurring
after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
as an Effective Date note under section 2701 of Title 33,
Navigation and Navigable Waters.
-End-
-CITE-
46 USC Sec. 7504 1/07/2011 (111-383)
-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 75 - GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
DOCUMENTATION
-HEAD-
Sec. 7504. Travel and expense reimbursement
-STATUTE-
When a requirement to qualify for the issuance of, or endorsement
on, a certificate, license, or document under this part is
administered at a place at the request of an applicant or an
applicant's representative, the applicant or representative may
reimburse the Secretary for the travel and subsistence expenses
incurred by the personnel assigned to perform the administration of
the requirement. Amounts received as reimbursement under this
section shall be credited to the appropriation for operating
expenses of the Coast Guard.
-SOURCE-
(Added Pub. L. 99-640, Sec. 10(b)(2)(A), Nov. 10, 1986, 100 Stat.
3549.)
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-End-
-CITE-
46 USC Sec. 7505 1/07/2011 (111-383)
-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 75 - GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
DOCUMENTATION
-HEAD-
Sec. 7505. Review of information in National Driver Register
-STATUTE-
The Secretary shall make information received from the National
Driver Register under section 206(b)(7) of the National Driver
Register Act of 1982 (23 U.S.C. 401 note) available to an
individual for review and written comment before denying,
suspending, revoking, or taking any other action relating to a
license, certificate of registry, or merchant mariner's document
authorized to be issued for that individual under this part, based
on that information.
-SOURCE-
(Added Pub. L. 101-380, title IV, Sec. 4105(b)(1), Aug. 18, 1990,
104 Stat. 512.)
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EFFECTIVE DATE
Section applicable to incidents occurring after Aug. 18, 1990,
see section 1020 of Pub. L. 101-380, set out as a note under
section 2701 of Title 33, Navigation and Navigable Waters.
-End-
-CITE-
46 USC Sec. 7506 1/07/2011 (111-383)
-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 75 - GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
DOCUMENTATION
-HEAD-
Sec. 7506. Convention tonnage for licenses, certificates, and
documents
-STATUTE-
Notwithstanding any provision of section 14302(c) or 14305 of
this title, the Secretary may -
(1) evaluate the service of an individual who is applying for a
license, a certificate of registry, or a merchant mariner's
document by using the tonnage as measured under chapter 143 of
this title for the vessels on which that service was acquired,
and
(2) issue the license, certificate, or document based on that
service.
-SOURCE-
(Added Pub. L. 104-324, title VII, Sec. 745(a), Oct. 19, 1996, 110
Stat. 3942.)
-End-
-CITE-
46 USC Sec. 7507 1/07/2011 (111-383)
-EXPCITE-
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 75 - GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
DOCUMENTATION
-HEAD-
Sec. 7507. Authority to extend the duration of licenses,
certificates of registry, and merchant mariner documents
-STATUTE-
(a) Licenses and Certificates of Registry. - Notwithstanding
sections 7106 and 7107, the Secretary of the department in which
the Coast Guard is operating may -
(1) extend for not more than one year an expiring license or
certificate of registry issued for an individual under chapter 73
if the Secretary determines that the extension is required to
enable the Coast Guard to eliminate a backlog in processing
applications for those licenses or certificates of registry or in
response to a national emergency or natural disaster, as deemed
necessary by the Secretary; or
(2) issue for not more than five years an expiring license or
certificate of registry issued for an individual under chapter 73
for the exclusive purpose of aligning the expiration date of such
license or certificate of registry with the expiration date of a
merchant mariner's document.
(b) Merchant Mariner Documents. - Notwithstanding section
7302(g), the Secretary may -
(1) extend for not more than one year an expiring merchant
mariner's document issued for an individual under chapter 73 if
the Secretary determines that the extension is required to enable
the Coast Guard to eliminate a backlog in processing applications
for those licenses or certificates of registry or in response to
a national emergency or natural disaster, as deemed necessary by
the Secretary; or
(2) issue for not more than five years an expiring merchant
mariner's document issued for an individual under chapter 73 for
the exclusive purpose of aligning the expiration date of such
merchant mariner's document with the expiration date of a
merchant mariner's document.
(c) Manner of Extension. - Any extensions granted under this
section may be granted to individual seamen or a specifically
identified group of seamen.
-SOURCE-
(Added Pub. L. 111-281, title VI, Sec. 615(a), Oct. 15, 2010, 124
Stat. 2971.)
-End-
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