46 U.S.C. § 7502 — Records

Page 140 TITLE 46—SHIPPING § 7502 is lost as a result of a marine casualty, the hold- er shall be supplied with a duplicate without cost. (b) For any other loss, the holder may obtain a duplicate on payment of reasonable costs pre- scribed 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 ma- rine casualty, the individual will be supplied with a du- plicate 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 ‘‘certifi- cate of registry, or merchant mariner’s document’’ for ‘‘certificate, or document’’. § 7502. Records (a) The Secretary shall maintain records, in- cluding electronic records, on the issuances, de- nials, suspensions, and revocations of licenses, certificates of registry, merchant mariners’ doc- uments, 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 sea- man on that vessel, to maintain records of each individual engaged on the vessel subject to in- spection under chapter 33 on matters of engage- ment, 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 reg- ulations may require that a vessel owner, man- aging 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 regula- tion prescribed under this section, is liable to the United States Government for a civil pen- alty 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 rev- ocations of licenses, certificates of registry, merchant mariner’s documents, and endorsements. Editorial Notes AMENDMENTS Pub. L. 111–281 designated existing provisions as sub- sec. (a), substituted ‘‘records, including electronic records,’’ for ‘‘computerized records’’, and added sub- secs. (b) and (c). 1990—Pub. L. 101–380 substituted ‘‘maintain comput- erized 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 Com- mandant shall submit to the Committees on Com- merce, Science, and Transportation and Appropria- tions of the Senate, and the Committees on Transpor- tation 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 legis- lative or administrative actions as the Com- mandant determines necessary to establish the electronic merchant mariner licensing and docu- mentation system described in paragraph (1) as soon as possible; and ‘‘(B) may include findings, conclusions, or rec- ommendations from the study conducted under sub- section (b). ‘‘(b) STUDY.— ‘‘(1) IN GENERAL.—In preparing the report required under subsection (a), the Commandant and the Ad- ministrator of the Maritime Administration, in co- ordination with the Commander of the United States Transportation Command, shall conduct a study on the feasibility of developing and maintaining a data- base as part of an electronic merchant mariner li- censing 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 al- lows data to be readily accessed by the Federal Government for the purpose of assessing workforce needs and for the purpose of the economic and na- tional security of the United States. ‘‘(2) CONTENTS.—The study required under para- graph (1) shall— ‘‘(A) include an assessment of the resources, in- cluding information technology, and authorities necessary to develop and maintain the database de- scribed in such paragraph; ‘‘(B) specifically address ways to protect the pri- vacy 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 Page 141 TITLE 46—SHIPPING § 7505 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 sec- tion 7702 of title 46, United States Code, with de- tails about the violation that led to such suspen- sion. ‘‘(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 imple- ment 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 sec- tion 7502 of title 46, United States Code, are able to be used by the Secretary of Transportation— ‘‘(1) to determine the potential availability of mari- ners credentialed under part E of subtitle II of title 46, United States Code, to meet national security sea- lift 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 li- cense, certificate, or document, has been con- victed 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 indi- vidual provides satisfactory proof that the in- dividual 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 Sec- retary to any individual who has been convicted, with- in 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 sat- isfactory 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 con- victed of a ‘‘controlled substance’’ such as LSD if that use or conviction occurred before the date of enact- ment 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 ‘‘certifi- cate 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, li- cense, or document under this part is adminis- tered 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 adminis- tration of the requirement. Amounts received as reimbursement under this section shall be cred- ited to the appropriation for operations and sup- port 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 sup- port’’ 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization 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 re- ceived from the National Driver Register under section 30305(b)(7) of title 49 available to an indi- vidual 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 au- thorized 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,