Stat/Authority

§ 7703

TITLE 46—SHIPPING
REFERENCES IN TEXT

Sections 205(a)(3)(A) or (B) and 206(b)(4) of the National Driver Register Act of 1982, referred to in subsec.
(c)(1), are sections 205(a)(3)(A), (B) and 206(b)(4) of Pub.
L. 97–364, which were set out in a note under section 401
of Title 23, Highways, and were repealed and restated in
sections 30304 and 30305 of Title 49, Transportation, by
Pub. L. 103–272, §§ 1(e), 7(b), July 5, 1994, 108 Stat. 862,
1379.
AMENDMENTS
2004—Subsec. (d)(1). Pub. L. 108–293, § 407(1), substituted ‘‘if—’’ for ‘‘if, when acting under the authority
of that license, certificate, or document—’’ in introductory provisions.
Subsec.(d)(1)(B)(i). Pub. L. 108–293, § 407(2), inserted
‘‘, while acting under the authority of that license, certificate, or document,’’ after ‘‘has’’.
Subsec. (d)(1)(B)(iii). Pub. L. 108–293, § 609(2), substituted ‘‘section 30304(a)(3)(A) or (B) of title 49’’ for
‘‘section 205(a)(3)(A) or (B) of the National Driver Register Act of 1982’’.
Subsec. (d)(1)(B)(iv). Pub. L. 108–293, § 407(3)–(5), added
cl. (iv).
1998—Subsec. (c)(2). Pub. L. 105–383 inserted second
sentence and struck out former second sentence which
read as follows: ‘‘The testing may include preemployment (with respect to dangerous drugs only), periodic,
random, reasonable cause, and post accident testing.’’
1990—Subsecs. (c), (d). Pub. L. 101–380 added subsecs.
(c) and (d).
1985—Subsec. (a). Pub. L. 99–36 substituted ‘‘mariner’s’’ for ‘‘mariners’ ’’.
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.

§ 7703. Bases for suspension or revocation
A license, certificate of registry, or merchant
mariner’s document issued by the Secretary
may be suspended or revoked if the holder—
(1) when acting under the authority of that
license, certificate, or document—
(A) has violated or fails to comply with
this subtitle, a regulation prescribed under
this subtitle, or any other law or regulation
intended to promote marine safety or to protect navigable waters; or
(B) has committed an act of misconduct or
negligence;
(2) is convicted of an offense that would prevent the issuance or renewal of a license, certificate of registry, or merchant mariner’s
document;
(3) within the 3-year period preceding the
initiation of the suspension or revocation proceeding is convicted of an offense described in
section 30304(a)(3)(A) or (B) of title 49;
(4) has committed an act of incompetence relating to the operation of a vessel; or
(5) is a security risk that poses a threat to
the safety or security of a vessel or a public or
commercial structure located within or adjacent to the marine environment.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 546; Pub. L.
99–36, § 1(a)(9)(E), May 15, 1985, 99 Stat. 68; Pub.
L. 101–380, title IV, § 4103(b), Aug. 18, 1990, 104
Stat. 511; Pub. L. 108–293, title IV, § 408, title VI,
§ 609(3), Aug. 9, 2004, 118 Stat. 1044, 1058; Pub. L.
109–241, title IX, § 901(h)(3), July 11, 2006, 120 Stat.
564.)

Page 118
HISTORICAL AND REVISION NOTES

Revised section

Source section (U.S. Code)

7703 ..............................................

46:226
46:239
46:240
46:246(c)

This section provides the bases for suspension and
revocation of a license, certificate or document. The individual must have been operating under the authority
of the required license, certificate, or document and
has violated a law or regulation intended to promote
marine safety or to protect the navigable waters or has
committed an act of incompetence, misconduct, or negligence.
AMENDMENTS
2006—Par. (3). Pub. L. 109–241 struck out ‘‘(23 U.S.C.
401 note)’’ after ‘‘of title 49’’.
2004—Par. (1)(B). Pub. L. 108–293, § 408(1), substituted
‘‘misconduct or’’ for ‘‘incompetence, misconduct, or’’.
Par. (3). Pub. L. 108–293, § 609(3), substituted ‘‘section
30304(a)(3)(A) or (B) of title 49’’ for ‘‘section 205(a)(3)(A)
or (B) of the National Driver Register Act of 1982’’.
Pars. (4), (5). Pub. L. 108–293, § 408(2)–(4), added pars.
(4) and (5).
1990—Pub. L. 101–380 amended section generally. Prior
to amendment, section read as follows: ‘‘A license, certificate of registry, or merchant mariner’s document
issued by the Secretary may be suspended or revoked
if, when acting under the authority of that license, certificate, or document, the holder—
‘‘(1) has violated or failed to comply with this subtitle, a regulation prescribed under this subtitle, or
any other law or regulation intended to promote marine safety or to protect navigable waters.
‘‘(2) has committed an act of incompetence, misconduct, or negligence.’’
1985—Pub. L. 99–36 substituted ‘‘certificate of registry,’’ for first reference to ‘‘certificate,’’.
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.

§ 7704. Dangerous drugs as grounds for revocation
[(a) Repealed. Pub. L. 101–380, title IV,
§ 4103(a)(2)(B), Aug. 18, 1990, 104 Stat. 511.]
(b) If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner’s document issued
under this part, within 10 years before the beginning of the proceedings, has been convicted of
violating a dangerous drug law of the United
States or of a State, the license, certificate, or
document shall be suspended or revoked.
(c) If it is shown that a holder has been a user
of, or addicted to, a dangerous drug, the license,
certificate of registry, or merchant mariner’s
document shall be revoked unless the holder
provides satisfactory proof that the holder is
cured.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 546; Pub. L.
99–36, § 1(a)(9)(F), (G), May 15, 1985, 99 Stat. 68;
Pub. L. 101–380, title IV, § 4103(a)(2)(B), Aug. 18,
1990, 104 Stat. 511; Pub. L. 108–293, title IV, § 402,
Aug. 9, 2004, 118 Stat. 1043.)
HISTORICAL AND REVISION NOTES
Revised section
7704(a) .........................................

Source section (U.S. Code)
46:239a(a)

Page 119

§ 7706

TITLE 46—SHIPPING

HISTORICAL AND REVISION NOTES—CONTINUED
Revised section

Source section (U.S. Code)

7704(b) .........................................
7704(c) .........................................

46:239b(b)(1)
46:239b(b)(2)

Section 7704 requires the Secretary to revoke the license, certificate, or document of any individual who
has been convicted of a dangerous drug law within 10
years before the beginning of the suspension or revocation procedures. This section has expanded current law
to incorporate violations involving ‘‘controlled substances’’ which are not narcotic. This includes PCP and
LSD. Unless it can be done under existing law, the suspension or revocation of an individual’s license based
on the use of a ‘‘controlled substance’’ only applies to
the use or conviction after the date of enactment of
this Act.
This section also provides that anyone who has been
a user of or addicted to a dangerous drug since July 14,
1954, may be subjected to revocation procedures unless
the individual provides satisfactory proof of being
cured.
In sections 7503(b)(2) and 7704(c), the term ‘‘use’’,
when applying to ‘‘narcotic drugs’’ or ‘‘controlled substances’’, is not intended to include the use of ‘‘off the
shelf’’ drugs or drugs acquired with a prescription lawfully issued by a medical doctor, as long as the drugs
are used by the individual in the recommended
amounts and the drugs will not impair the individual’s
ability to perform duties.
AMENDMENTS
2004—Subsec. (b). Pub. L. 108–293 inserted ‘‘suspended
or’’ after ‘‘shall be’’.
1990—Subsec. (a). Pub. L. 101–380 struck out 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, § 1(a)(9)(F), substituted ‘‘merchant mariner’s document’’ for first reference to ‘‘document’’.
Subsec. (c). Pub. L. 99–36, § 1(a)(9)(G), substituted
‘‘certificate of registry, or merchant mariner’s document’’ for ‘‘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.

§ 7705. Subpenas and oaths
(a) An official designated to investigate or preside at a hearing on matters that are grounds
for suspension or revocation of licenses, certificates of registry, and merchant mariners’ documents may administer oaths and issue subpenas
to compel the attendance and testimony of witnesses and the production of records or other
evidence during investigations and at hearings.
(b) The jurisdictional limits of a subpena issued under this section are the same as, and are
enforceable in the same manner as, subpenas issued under chapter 63 of this title.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 547; Pub. L.
99–36, § 1(a)(9)(H), May 15, 1985, 99 Stat. 68.)

AMENDMENTS
1985—Subsec. (a). Pub. L. 99–36 substituted ‘‘certificates of registry, and merchant mariners’ documents’’
for ‘‘certificates, and documents’’.

§ 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 Supplemental 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.
(Added Pub. L. 108–293, title IV, § 414(a), Aug. 9,
2004, 118 Stat. 1046.)
REFERENCES IN TEXT
Section 503(e) of the Supplemental Appropriations
Act, 1987, referred to in subsec. (c), is section 503(e) of
Pub. L. 100–71, which is set out as a note under section
7301 of Title 5, Government Organization and Employees.

PART F—MANNING OF VESSELS
HISTORICAL AND REVISION NOTES
Part F provides for the manning of vessels including
requirements generally for the number of individuals
required, qualifications and conditions of employment,
and duties; for masters and other licenses and registered individuals; for pilots; for unlicensed personnel;
for small vessels; for tank vessels; and for pilotage on
the Great Lakes. The Committee intends that all manning provisions throughout this subtitle will be interpreted to be consistent with one another.

CHAPTER 81—GENERAL
Sec.

8101.
8102.
8103.
8104.
8105.
8106.
8107.

Complement of inspected vessels.
Watchmen.
Citizenship and Navy Reserve requirements.
Watches.
Fishing vessel exemption.
Riding gangs.
Use of force against piracy.

HISTORICAL AND REVISION NOTES
HISTORICAL AND REVISION NOTES
Revised section
7705 ..............................................

Source section (U.S. Code)
46:239(e)

Section 7705 allows officials designated to investigate
or preside at hearings on matters that are grounds for
suspension and revocation proceedings to administer
oaths and issue subpenas.

Chapter 81 provides for the composition, citizenship,
working hours, and other limitations affecting the
complement of licensed individuals and crew on certain
vessels, a safety watch onboard passenger vessels,
membership in the Naval Reserve for certain deck and
engineer officers, and penalties for violating, and regulatory authority for implementing its provisions.