1625-0001 Stat/Authority

§ 7704

TITLE 46—SHIPPING

(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.)
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.

Page 584

§ 7704. Dangerous drugs as grounds for revocation
(a) 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.
(b) 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; Pub. L. 115–232, div. C,
title XXXV, § 3545(b), Aug. 13, 2018, 132 Stat. 2326.)
Historical and Revision Notes
Revised section

Source section (U.S. Code)

7704(a) ................................. 46:239a(a)
7704(b) ................................. 46:239b(b)(1)
7704(c) .................................. 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
2018—Subsecs. (a) to (c). Pub. L. 115–232 redesignated
subsecs. (b) and (c) as (a) and (b), respectively.
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