1625-0001 Stat/Authority

Page 131

Act of 2016, completes a formal review, including an appropriate analysis, of the topics and testing methodology employed by
the National Maritime Center for merchant
seamen licensing.
(9) FACA.—The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to any
working group created under this section to
review the Coast Guard’s merchant mariner
credentialing examinations.
(d) MERCHANT MARINER CREDENTIAL DEFINED.—
In this section, the term ‘‘merchant mariner
credential’’ means a merchant seaman license,
certificate, or document that the Secretary is
authorized to issue pursuant to this title.
(Added Pub. L. 114–120, title III, § 315(a)(1), Feb.
8, 2016, 130 Stat. 60; amended Pub. L. 114–328, div.
C, title XXXV, § 3503(a), (b)(1), Dec. 23, 2016, 130
Stat. 2775; Pub. L. 115–232, div. C, title XXXV,
§ 3541(b)(12), Aug. 13, 2018, 132 Stat. 2323; Pub. L.
115–282, title VI, § 601(c)(3)(B), Dec. 4, 2018, 132
Stat. 4289.)
REFERENCES IN TEXT
The date of the enactment of the Coast Guard Authorization Act of 2016, referred to in subsec. (c)(1),
(4)(A), (8)(B), is the date of enactment of Pub. L.
114–120, which was approved Feb. 8, 2016.
The Federal Advisory Committee Act, referred to in
subsec. (c)(9), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770,
which is set out in the Appendix to Title 5, Government
Organization and Employees.
AMENDMENTS
2018—Subsec. (c)(1). Pub. L. 115–232 substituted ‘‘Commandant’’ for ‘‘Commandant of the Coast Guard’’ in introductory provisions.
Subsec. (c)(1)(C). Pub. L. 115–282 inserted ‘‘National’’
before ‘‘Merchant Marine’’.
2016—Subsec. (c)(1). Pub. L. 114–328, § 3503(a), in introductory provisions, substituted ‘‘Coast Guard Authorization Act of 2016’’ for ‘‘Coast Guard Authorization
Act of 2015’’.
Subsec. (c)(1)(D). Pub. L. 114–328, § 3503(b)(1)(A), substituted ‘‘engineer’’ for ‘‘engine’’.
Subsec. (c)(4)(A), (8)(B). Pub. L. 114–328, § 3503(a), substituted ‘‘Coast Guard Authorization Act of 2016’’ for
‘‘Coast Guard Authorization Act of 2015’’.
Subsec. (c)(9). Pub. L. 114–328, § 3503(b)(1)(B), inserted
a period after ‘‘App’’.
EFFECTIVE DATE OF 2016 AMENDMENT
Amendment by Pub. L. 114–328 effective as if included
in the enactment of Pub. L. 114–120, see section 3503(e)
of Pub. L. 114–328, set out as a note under section 315 of
Title 14, Coast Guard.
DISCLOSURE TO CONGRESS
Pub. L. 114–120, title III, § 315(c), Feb. 8, 2016, 130 Stat.
62, provided that: ‘‘Nothing in this section [enacting
this section and section 7116 of this title] may be construed to authorize the withholding of information
from an appropriate inspector general, the Committee
on Commerce, Science, and Transportation of the Senate, or the Committee on Transportation and Infrastructure of the House of Representatives.’’

CHAPTER 77—SUSPENSION AND
REVOCATION
Sec.

7701.
7702.
7703.
7704.

§ 7702

TITLE 46—SHIPPING

General.
Administrative procedure.
Bases for suspension or revocation.
Dangerous drugs as grounds for revocation.

Sec.

7705.
7706.

Subpenas and oaths.
Drug testing reporting.
AMENDMENTS

2004—Pub. L. 108–293, title IV, § 414(b), Aug. 9, 2004, 118
Stat. 1047, added item 7706.

§ 7701. General
(a) The purpose of suspension and revocation
proceedings is to promote safety at sea.
(b) Licenses, certificates of registry, and merchant mariners’ documents may be suspended or
revoked for acts described in section 7703 of this
title.
(c) When a license, certificate of registry, or
merchant mariner’s document has been revoked
under this chapter, the former holder may be issued a new license, certificate of registry, or
merchant mariner’s document only after—
(1) the Secretary decides, under regulations
prescribed by the Secretary, that the issuance
is compatible with the requirement of good
discipline and safety at sea; and
(2) the former holder provides satisfactory
proof that the bases for revocation are no
longer valid.
(d) The Secretary may prescribe regulations to
carry out this chapter.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 546; Pub. L.
101–380, title IV, § 4103(c), Aug. 18, 1990, 104 Stat.
511.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

7701 ..............................................

46:239(g)

Section 7701 establishes the general purpose of suspension and revocation proceedings, which is to promote safety at sea. This section also provides the Secretary with the authority to suspend or revoke licenses, certificates, and documents, as well as the authority to issue a new license, certificate or document
to an individual when the issuance is compatible with
the requirements of good discipline and safety at sea. It
also provides for necessary regulatory authority to
carry out its purposes.
AMENDMENTS
1990—Subsec. (c). Pub. L. 101–380 amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ‘‘When a license, certificate of registry, or merchant mariner’s document has been revoked under this
chapter, the former holder may be issued a new license,
certificate, or document only after it has been decided,
under regulations prescribed by the Secretary, that the
issuance is compatible with the requirements of good
discipline and safety at sea.’’
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.

§ 7702. Administrative procedure
(a) Sections 551–559 of title 5 apply to each
hearing under this chapter about suspending or
revoking a license, certificate of registry, or
merchant mariner’s document.
(b) The individual whose license, certificate of
registry, or merchant mariner’s document has