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Title 46 Subtitle II Part E Chapter 75.txt

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-CITE-
    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.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7501                                  46:643(h)                     
    --------------------------------------------------------------------

      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-



-CITE-
    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.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7502                                  46:414                        
                                          46:643(f)                     
    --------------------------------------------------------------------

      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-



-CITE-
    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.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
              Revised section               Source section (U.S. Code)  
    --------------------------------------------------------------------
    7503(a)                               46:239a(a)                    
                                          46:239b(a)                    
    --------------------------------------------------------------------

      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.)


-MISC1-
                              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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