-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-