dreamproit/uscode huggingface dataset:
46 U.S.C. § 7503 (SHIPPING)
§ 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.)
text: 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.
heading: Editorial Notes
heading: Amendments
text: 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 Prior to amendment, section consisted of repealed subsec.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”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1990 Amendment
text: 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.
46 U.S.C. § 7504 (SHIPPING)
§ 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.)
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: 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.
46 U.S.C. § 7505 (SHIPPING)
§ 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.)
heading: Editorial Notes
heading: Amendments
text: 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)”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
46 U.S.C. § 7507 (SHIPPING)
§ 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.)
heading: Editorial Notes
heading: Amendments
text: 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).
46 U.S.C. § 7509 (SHIPPING)
§ 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.)
heading: Statutory Notes and Related Subsidiaries
heading: Implementation Deadline
text: 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.”
46 U.S.C. § 7701 (SHIPPING)
§ 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.)
text: 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.
heading: Editorial Notes
heading: Amendments
text: 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.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1990 Amendment
text: 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.
46 U.S.C. § 7705 (SHIPPING)
§ 7705. Subpenas and oaths
(a) An official designated to investigate or preside at a hearing on matters that are grounds for suspension or revocation of licenses, certificates of registry, and merchant mariners’ documents may administer oaths and issue subpenas to compel the attendance and testimony of witnesses and the production of records or other evidence during investigations and at hearings.
(b) The jurisdictional limits of a subpena issued under this section are the same as, and are enforceable in the same manner as, subpenas issued under chapter 63 of this title.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 547; Pub. L. 99–36, § 1(a)(9)(H), May 15, 1985, 99 Stat. 68.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
7705
46:239(e)
Section 7705 allows officials designated to investigate or preside at hearings on matters that are grounds for suspension and revocation proceedings to administer oaths and issue subpenas.
heading: Editorial Notes
heading: Amendments
text: 1985—Subsec. (a). Pub. L. 99–36 substituted “certificates of registry, and merchant mariners’ documents” for “certificates, and documents”.
46 U.S.C. § 7706 (SHIPPING)
§ 7706. Drug testing reporting
(a) Release of Drug Test Results to Coast Guard.—
Not later than 2 weeks after receiving from a Medical Review Officer a report of a verified positive drug test or verified test violation by a civilian employee of a Federal agency, an applicant for employment by a Federal agency, an officer in the Public Health Services, or an officer in the National Oceanic and Atmospheric Administration Commissioned Officer Corps, who is employed in any capacity on board a vessel operated by the agency, the head of the agency shall release to the Commandant the report.
(b) Standards, Procedures, and Regulations.—
The head of a Federal agency shall carry out a release under subsection (a) in accordance with the standards, procedures, and regulations applicable to the disclosure and reporting to the Coast Guard of drug tests results and drug test records of individuals employed on vessels documented under the laws of the United States.
(c) Waiver.—
Notwithstanding section 503(e) of the Supplemental Appropriations Act, 1987 (5 U.S.C. 7301 note), the report of a drug test of an employee or an applicant for employment by a Federal agency may be released under this section without the prior written consent of the employee or the applicant.
(Added Pub. L. 108–293, title IV, § 414(a), Aug. 9, 2004, 118 Stat. 1046; amended Pub. L. 113–281, title III, § 304, Dec. 18, 2014, 128 Stat. 3043; Pub. L. 115–232, div. C, title XXXV, § 3541(b)(13), Aug. 13, 2018, 132 Stat. 2323.)
heading: Editorial Notes
heading: References in Text
text: Section 503(e) of the Supplemental Appropriations Act, 1987, referred to in subsec. (c), is section 503(e) of Pub. L. 100–71, which is set out as a note under section 7301 of Title 5, Government Organization and Employees.
heading: Amendments
text: 2018—Subsec. (a). Pub. L. 115–232 struck out “of the Coast Guard” after “Commandant”.
2014—Subsec. (a). Pub. L. 113–281, § 304(1), inserted “an applicant for employment by a Federal agency,” after “Federal agency,”.
Subsec. (c). Pub. L. 113–281, § 304(2), inserted “or an applicant for employment by a Federal agency” after “an employee” and substituted “the employee or the applicant” for “the employee”.
46 U.S.C. § 8102 (SHIPPING)
§ 8102. Watchmen
(a) The owner, charterer, or managing operator of a vessel carrying passengers during the nighttime shall keep a suitable number of watchmen in the vicinity of the cabins or staterooms and on each deck to guard against and give alarm in case of a fire or other danger. An owner, charterer, or managing operator failing to provide watchmen required by this section is liable to the United States Government for a civil penalty of $1,000.
(b) The owner, charterer, managing operator, agent, master, or individual in charge of a fish processing vessel of more than 100 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title shall keep a suitable number of watchmen trained in firefighting on board when hotwork is being done to guard against and give alarm in case of a fire.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 548; Pub. L. 98–364, title IV, § 402(10), July 17, 1984, 98 Stat. 448; Pub. L. 104–324, title VII, § 726, Oct. 19, 1996, 110 Stat. 3939.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
8102
46:470
46:471
Section 8102 requires the person responsible for the management of a vessel carrying passengers to have a suitable watch at night to guard against, and to sound an alarm in case of fire or other danger, or be liable for a civil penalty.
heading: Editorial Notes
heading: Amendments
text: 1996—Subsec. (b). Pub. L. 104–324 inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “100 gross tons”.
1984—Pub. L. 98–364 designated existing provisions as subsec. (a) and added subsec. (b).
46 U.S.C. § 8105 (SHIPPING)
§ 8105. Fishing vessel exemption
Notwithstanding any other provision of law, neither the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, nor any amendment to such convention, shall apply to a fishing vessel, including a fishing vessel used as a fish tender vessel.
(Added Pub. L. 104–324, title XI, § 1146(a), Oct. 19, 1996, 110 Stat. 3992.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 8105, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 550, authorized Secretary to prescribe regulations to carry out this part prior to repeal by Pub. L. 101–595, title VI, § 603(7)(A), Nov. 16, 1990, 104 Stat. 2993.
46 U.S.C. § 8107 (SHIPPING)
§ 8107. Use of force against piracy
(a) Limitation on Liability.—
An owner, operator, time charterer, master, mariner, or individual who uses force or authorizes the use of force to defend a vessel of the United States against an act of piracy shall not be liable for monetary damages for any injury or death caused by such force to any person engaging in an act of piracy if such force was in accordance with standard rules for the use of force in self-defense of vessels prescribed by the Secretary.
(b) Promotion of Coordinated Action.—
To carry out the purpose of this section, the Secretary of the department in which the Coast Guard is operating shall work through the International Maritime Organization to establish agreements to promote coordinated action among flag- and port-states to deter, protect against, and rapidly respond to piracy against the vessels of, and in the waters under the jurisdiction of, those nations, and to ensure limitations on liability similar to those established by subsection (a).
(c) Definition.—
For the purpose of this section, the term “act of piracy” means any act of aggression, search, restraint, depredation, or seizure attempted against a vessel of the United States by an individual not authorized by the United States, a foreign government, or an international organization recognized by the United States to enforce law on the high seas.
(Added Pub. L. 111–281, title IX, § 912(a), Oct. 15, 2010, 124 Stat. 3016.)
heading: Statutory Notes and Related Subsidiaries
heading: Standard Rules for the Use of Force for Self-Defense of Vessels of the United States
text: Pub. L. 111–281, title IX, § 912(c), Oct. 15, 2010, 124 Stat. 3017, provided that: “Not later than 180 days after the date of enactment of this act [Oct. 15, 2010], the secretary [sic] of the department in which the coast guard [sic] is operating, in consultation with representatives of industry and labor, shall develop standard rules for the use of force for self-defense of vessels of the United States.”
46 U.S.C. § 8501 (SHIPPING)
§ 8501. State regulation of pilots
(a) Except as otherwise provided in this subtitle, pilots in the bays, rivers, harbors, and ports of the United States shall be regulated only in conformity with the laws of the States.
(b) The master of a vessel entering or leaving a port on waters that are a boundary between 2 States, and that is required to have a pilot under this section, may employ a pilot licensed or authorized by the laws of either of the 2 States.
(c) A State may not adopt a regulation or provision that discriminates in the rate of pilotage or half-pilotage between vessels sailing between the ports of one State and vessels sailing between the ports of different States, or against vessels because of their means of propulsion, or against public vessels of the United States.
(d) A State may not adopt a regulation or provision that requires a coastwise vessel to take a pilot licensed or authorized by the laws of a State if the vessel—
(1) is propelled by machinery and subject to inspection under part B of this subtitle; or
(2) is subject to inspection under chapter 37 of this title.
(e) Any regulation or provision violating this section is void.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 553; Pub. L. 98–557, § 29(e), Oct. 30, 1984, 98 Stat. 2874.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
8501(a)
46:211
8501(b)
46:212
8501(c), (e)
46:213
8501(d)
46:215
Section 8501 establishes the general proposition that the States regulate pilots in the bays, rivers, harbors, and ports of the United States, unless otherwise specifically provided by law.
Subsection (a) states this general proposition and uses the word “only” for emphasis on this point. Further, except as specifically provided in law, the Committee intends that this chapter not be construed to annul or affect any regulation established by the laws of a State requiring a vessel entering or leaving a port in that State to employ a pilot licensed or authorized by the laws of that State. In at least two places in current law, this general proposition is stated in both a positive and negative manner. The Committee intends to consolidate those separate statements into one provision to avoid ambiguity and redundancy.
Subsections (b) and (c) contain provisions regarding pilotage in waters between two States.
Subsection (d) prohibits a State from requiring a State licensed pilot on certain coastwise vessels.
Subsection (e) voids any regulation or provision violating this section.
heading: Editorial Notes
heading: Amendments
text: 1984—Subsec. (a). Pub. L. 98–557 substituted “subtitle” for “part”.