CHAPTER 75—GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND DOCUMENTATION

        

Editorial Notes

Amendments

2022—Pub. L. 117–263, div. K, title CXVI, §11602(b), Dec. 23, 2022, 136 Stat. 4147, added item 7511.

2016—Pub. L. 114–120, title III, §§309(c), 315(a)(2), Feb. 8, 2016, 130 Stat. 57, 62, added items 7509 and 7510.

2012—Pub. L. 112–213, title III, §306(b), Dec. 20, 2012, 126 Stat. 1565, added item 7508.

2010—Pub. L. 111–281, title VI, §615(b), Oct. 15, 2010, 124 Stat. 2972, added item 7507.

1996—Pub. L. 104–324, title VII, §745(b), Oct. 19, 1996, 110 Stat. 3943, added item 7506.

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 holder 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; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(b)(5), Jan. 1, 2021, 134 Stat. 4751.)

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.

Editorial Notes

Amendments

2021—Subsec. (b). Pub. L. 116–283 substituted "holder" for "seaman".

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.)

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.

Editorial Notes

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".

Statutory Notes and Related Subsidiaries

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.

Modernizing Merchant Mariner Credentialing System

Pub. L. 117–263, div. K, title CXV, §11511, Dec. 23, 2022, 136 Stat. 4138, provided that:

"(a) Report.—

"(1) In general.—Not later than 90 days after the date of enactment of this Act [Dec. 23, 2022], the Commandant shall submit to the Committees on Commerce, Science, and Transportation and Appropriations of the Senate, and the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives, a report on the financial, human, and information technology infrastructure resources needed to establish an electronic merchant mariner licensing and documentation system.

"(2) Legislative and regulatory suggestions.—In preparing the report described in paragraph (1), the Commandant—

"(A) shall include recommendations for any legislative or administrative actions as the Commandant determines necessary to establish the electronic merchant mariner licensing and documentation system described in paragraph (1) as soon as possible; and

"(B) may include findings, conclusions, or recommendations from the study conducted under subsection (b).

"(b) Study.—

"(1) In general.—In preparing the report required under subsection (a), the Commandant and the Administrator of the Maritime Administration, in coordination with the Commander of the United States Transportation Command, shall conduct a study on the feasibility of developing and maintaining a database as part of an electronic merchant mariner licensing and documentation system that—

"(A) contains records with respect to each credentialed mariner, including credential validity, drug and alcohol testing results, and information on any final adjudicated agency action involving a credentialed mariner or regarding any involvement in a marine casualty; and

"(B) maintains such records in a manner that allows data to be readily accessed by the Federal Government for the purpose of assessing workforce needs and for the purpose of the economic and national security of the United States.

"(2) Contents.—The study required under paragraph (1) shall—

"(A) include an assessment of the resources, including information technology, and authorities necessary to develop and maintain the database described in such paragraph;

"(B) specifically address ways to protect the privacy interests of any individual whose information may be contained within such database, which shall include limiting access to the database or having access to the database be monitored by, or accessed through, a member of the Coast Guard; and

"(C) address the feasibility of incorporating in such database a reporting mechanism to alert the Administrator of the Maritime Administration each time a mariner's credential is reinstated upon completion of a period of suspension as the result of a suspension and revocation proceeding under section 7702 of title 46, United States Code, with details about the violation that led to such suspension.

"(c) Electronic Merchant Mariner Licensing and Documentation System.—Notwithstanding any other provision of law, not later than 2 years after the date of enactment of this Act, the Secretary shall implement an electronic merchant mariner licensing and documentation system."

[For definitions of terms used in section 11511 of Pub. L. 117–263, set out above, see section 11002 of Pub. L. 117–263, set out as a note under section 106 of Title 14, Coast Guard, and section 11515 of Pub. L. 117–263, set as as note under section 7302 of this title.]

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

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.

Editorial Notes

Amendments

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.

1985—Subsec. (b). Pub. L. 99–36 substituted "certificate of registry, or merchant mariner's document" for first reference to "certificate, or document".

Statutory Notes and Related Subsidiaries

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 operations and support of the Coast Guard.

(Added Pub. L. 99–640, §10(b)(2)(A), Nov. 10, 1986, 100 Stat. 3549; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8513(b), Jan. 1, 2021, 134 Stat. 4761.)

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "operations and support" for "operating expenses".

Statutory Notes and Related Subsidiaries

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.)

Editorial Notes

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)".

Statutory Notes and Related Subsidiaries

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 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.)

Editorial Notes

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 extend for not more than one year a medical certificate issued to an individual holding a license, merchant mariner's document, or certificate of registry issued under chapter 71 or 73 if the Secretary determines that the extension is required to enable the Coast Guard to eliminate a backlog in processing applications for medical certificates or is in response to a national emergency or natural disaster.

(b) Manner of Extension.—An extension under this section may be granted to an individual or a specifically identified group of individuals.

(Added Pub. L. 112–213, title III, §306(a), Dec. 20, 2012, 126 Stat. 1565; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(b)(6), Jan. 1, 2021, 134 Stat. 4751.)

Editorial Notes

Amendments

2021—Subsec. (b). Pub. L. 116–283 substituted "an individual or a specifically identified group of individuals" for "individual seamen or a specifically identified group of seamen".

§7509. Medical certification by trusted agents

(a) In General.—Notwithstanding any other provision of law and pursuant to regulations prescribed by the Secretary, a trusted agent may issue a medical certificate to an individual who—

(1) must hold such certificate to qualify for a license, certificate of registry, or merchant mariner's document, or endorsement thereto under this part; and

(2) is qualified as to sight, hearing, and physical condition to perform the duties of such license, certificate, document, or endorsement, as determined by the trusted agent.

(b) Process for Issuance of Certificates by Secretary.—A final rule implementing this section shall include a process for—

(1) the Secretary of the department in which the Coast Guard is operating to issue medical certificates to mariners who submit applications for such certificates to the Secretary; and

(2) a trusted agent to defer to the Secretary the issuance of a medical certificate.

(c) Trusted Agent Defined.—In this section the term "trusted agent" means a medical practitioner certified by the Secretary to perform physical examinations of an individual for purposes of a license, certificate of registry, or merchant mariner's document under this part.

(Added Pub. L. 114–120, title III, §309(a), Feb. 8, 2016, 130 Stat. 56.)

Statutory Notes and Related Subsidiaries

Implementation Deadline

Pub. L. 114–120, title III, §309(b), Feb. 8, 2016, 130 Stat. 57, provided that: "Not later than 5 years after the date of the enactment of this Act [Feb. 8, 2016], the Secretary of the department in which the Coast Guard is operating shall issue a final rule implementing section 7509 of title 46, United States Code, as added by this section."

§7510. Examinations for merchant mariner credentials

(a) Disclosure Not Required.—Notwithstanding any other provision of law, the Secretary is not required to disclose to the public—

(1) a question from any examination for a merchant mariner credential;

(2) the answer to such a question, including any correct or incorrect answer that may be presented with such question; and

(3) any quality or characteristic of such a question, including—

(A) the manner in which such question has been, is, or may be selected for an examination;

(B) the frequency of such selection; and

(C) the frequency that an examinee correctly or incorrectly answered such question.

(b) Exception for Certain Questions.—Notwithstanding subsection (a), the Secretary may, for the purpose of preparation by the general public for examinations required for merchant mariner credentials, release an examination question and answer that the Secretary has retired or is not presently on or part of an examination, or that the Secretary determines is appropriate for release.

(c) Exam Review.—

(1) In general.—Not later than 90 days after the date of the enactment of the Coast Guard Authorization Act of 2016, and once every two years thereafter, the Commandant shall commission a working group to review new questions for inclusion in examinations required for merchant mariner credentials, composed of—

(A) 1 subject matter expert from the Coast Guard;

(B) representatives from training facilities and the maritime industry, of whom—

(i) one-half shall be representatives from approved training facilities; and

(ii) one-half shall be representatives from the appropriate maritime industry;

(C) at least 1 representative from the National Merchant Marine Personnel Advisory Committee;

(D) at least 2 representatives from the State maritime academies, of whom one shall be a representative from the deck training track and one shall be a representative of the engineer license track;

(E) representatives from other Coast Guard Federal advisory committees, as appropriate, for the industry segment associated with the subject examinations;

(F) at least 1 subject matter expert from the Maritime Administration; and

(G) at least 1 human performance technology representative.

(2) Inclusion of persons knowledgeable about examination type.—The working group shall include representatives knowledgeable about the examination type under review.

(3) Limitation.—The requirement to convene a working group under paragraph (1) does not apply unless there are new examination questions to review.

(4) Baseline review.—

(A) In general.—Within 1 year after the date of the enactment of the Coast Guard Authorization Act of 2016, the Secretary shall convene the working group to complete a baseline review of the Coast Guard's Merchant Mariner Credentialing Examination, including review of—

(i) the accuracy of examination questions;

(ii) the accuracy and availability of examination references;

(iii) the length of merchant mariner examinations; and

(iv) the use of standard technologies in administering, scoring, and analyzing the examinations.

(B) Progress report.—The Coast Guard shall provide a progress report to the appropriate congressional committees on the review under this paragraph.

(5) Full membership not required.—The Coast Guard may convene the working group without all members present if any non-Coast-Guard representative is present.

(6) Nondisclosure agreement.—The Secretary shall require all members of the working group to sign a nondisclosure agreement with the Secretary.

(7) Treatment of members as federal employees.—A member of the working group who is not a Federal Government employee shall not be considered a Federal employee in the service or the employment of the Federal Government, except that such a member shall be considered a special government employee, as defined in section 202(a) of title 18 for purposes of sections 203, 205, 207, 208, and 209 of such title and shall be subject to any administrative standards of conduct applicable to an employee of the department in which the Coast Guard is operating.

(8) Formal exam review.—The Secretary shall ensure that the Coast Guard Performance Technology Center—

(A) prioritizes the review of examinations required for merchant mariner credentials; and

(B) not later than 3 years after the date of enactment of the Coast Guard Authorization 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 mariner licensing.

(9) Chapter 10 of title 5.—Chapter 10 of title 5 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 mariner 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; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(b)(7), Jan. 1, 2021, 134 Stat. 4751; Pub. L. 117–286, §4(a)(290), Dec. 27, 2022, 136 Stat. 4337.)

Editorial Notes

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.

Amendments

2022—Subsec. (c)(9). Pub. L. 117–286 substituted "Chapter 10 of title 5" for "FACA" in heading and "Chapter 10 of title 5" for "The Federal Advisory Committee Act (5 U.S.C. App.)" in text.

2021—Subsec. (c)(8)(B). Pub. L. 116–283, §8505(b)(7)(A), substituted "merchant mariner" for "merchant seamen".

Subsec. (d). Pub. L. 116–283, §8505(b)(7)(B), substituted "merchant mariner license" for "merchant seaman license".

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".

Statutory Notes and Related Subsidiaries

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."

§7511. Convicted sex offender as grounds for denial

(a) Sexual Abuse.—A license, certificate of registry, or merchant mariner's document authorized to be issued under this part shall be denied to an individual who has been convicted of a sexual offense prohibited under—

(1) chapter 109A of title 18, except for subsection (b) of section 2244 of title 18; or

(2) a substantially similar offense under State, local, or Tribal law.

(b) Abusive Sexual Contact.—A license, certificate of registry, or merchant mariner's document authorized to be issued under this part may be denied to an individual who within 5 years before applying for the license, certificate, or document, has been convicted of a sexual offense prohibited under subsection (b) of section 2244 of title 18, or a substantially similar offense under State, local, or Tribal law.

(Added Pub. L. 117–263, div. K, title CXVI, §11602(a), Dec. 23, 2022, 136 Stat. 4147.)