1625-0001 Stat/Authority

Page 579

§ 7503

TITLE 46—SHIPPING

1990—Pub. L. 101–380, title IV, § 4105(c), Aug. 18, 1990,
104 Stat. 513, added item 7505.
1986—Pub. L. 99–640, § 10(b)(2)(B), Nov. 10, 1986, 100 Stat.
3550, added item 7504.

§ 7501. Duplicates
(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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545; Pub. L.
99–36, § 1(a)(9)(C), May 15, 1985, 99 Stat. 68.)
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
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.
Electronic Records on Mariner Availability To
Meet National Security Needs
Pub. L. 115–232, div. C, title XXXV, § 3510, Aug. 13, 2018,
132 Stat. 2310, provided that: “The Secretary of the department in which the Coast Guard is operating shall
ensure that electronic records maintained under section
7502 of title 46, United States Code, are able to be used by
the Secretary of Transportation—
“(1) to determine the potential availability of mariners credentialed under part E of subtitle II of title 46,
United States Code, to meet national security sealift
needs; and
“(2) to receive information on the qualification of
such mariners.”

§ 7503. Dangerous drugs as grounds for denial
Amendments
1985—Subsec. (a). Pub. L. 99–36 substituted “certificate
of registry, or merchant mariner’s document” for “certificate, or document”.

§ 7502. Records
(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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545; Pub. L.
101–380, title IV, § 4114(e), Aug. 18, 1990, 104 Stat.
517; Pub. L. 111–281, title VI, § 605, Oct. 15, 2010, 124
Stat. 2967.)

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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545; Pub. L.
99–36, § 1(a)(9)(D), May 15, 1985, 99 Stat. 68; Pub. L.
101–380, title IV, § 4103(a)(2)(B), Aug. 18, 1990, 104
Stat. 511; Pub. L. 115–232, div. C, title XXXV, § 3545(a),
Aug. 13, 2018, 132 Stat. 2326.)
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.

Historical and Revision Notes
Amendments
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.

2018—Pub. L. 115–232 amended section generally. Prior
to amendment, section consisted of repealed subsec. (a)
and subsec. (b) identical to present provisions.
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.

§ 7504

TITLE 46—SHIPPING

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.

§ 7504. Travel and expense reimbursement
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.
(Added Pub. L. 99–640, § 10(b)(2)(A), Nov. 10, 1986,
100 Stat. 3549.)
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.

§ 7505. Review of information in National Driver
Register
The Secretary shall make information received
from the National Driver Register under section
30305(b)(7) of title 49 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.
(Added Pub. L. 101–380, title IV, § 4105(b)(1), Aug.
18, 1990, 104 Stat. 512; amended Pub. L. 115–232,
div. C, title XXXV, § 3546(e), Aug. 13, 2018, 132 Stat.
2326.)
Amendments
2018—Pub. L. 115–232 substituted “section 30305(b)(7) of
title 49” for “section 206(b)(7) of the National Driver Register Act of 1982 (23 U.S.C. 401 note)”.

Page 580

this title for the vessels on which that service
was acquired, and
(2) issue the license, certificate, or document
based on that service.
(Added Pub. L. 104–324, title VII, § 745(a), Oct. 19,
1996, 110 Stat. 3942.)
§ 7507. Authority to extend the duration of licenses, certificates of registry, and merchant
mariner documents
(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 71 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 71 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 merchant mariner documents 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 license or certificate of registry.
(c) Manner of Extension.—Any extensions
granted under this section may be granted to individual seamen or a specifically identified group
of seamen.
(Added Pub. L. 111–281, title VI, § 615(a), Oct. 15,
2010, 124 Stat. 2971; amended Pub. L. 112–213, title
III, § 311, Dec. 20, 2012, 126 Stat. 1569; Pub. L. 115–282,
title V, § 510(3), (4), Dec. 4, 2018, 132 Stat. 4274.)

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.

§ 7506. Convention tonnage for licenses, certificates, and documents
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

Amendments
2018—Subsec. (b)(1). Pub. L. 115–282, § 510(3), substituted “merchant mariner documents” for “licenses or certificates of registry”.
Subsec. (b)(2). Pub. L. 115–282, § 510(4), substituted “license or certificate of registry.” for “merchant mariner’s document.”
2012—Subsec. (a). Pub. L. 112–213 substituted “chapter
71” for “chapter 73” in pars. (1) and (2).

§ 7508. Authority to extend the duration of medical certificates
(a) Granting of Extensions.—Notwithstanding any other provision of law, the Secretary may