46 USC § 7302 - Issuing merchant mariners’ documents and continuous discharge books
(a)
The Secretary shall issue a merchant mariner’s document to an individual required to have that document under part F of this subtitle if the individual satisfies the requirements of this part. The document serves as a certificate of identification and as a certificate of service, specifying each rating in which the holder is qualified to serve on board vessels on which that document is required under part F.
(b)
The Secretary also may issue a continuous discharge book to an individual issued a merchant mariner’s document if the individual requests.
(c)
The Secretary may not issue a merchant mariner’s document under this chapter unless the individual applying for the document makes available to the Secretary, under section
30305
(b)(5) of title
49, any information contained in the National Driver Register related to an offense described in section
30304
(a)(3)(A) or (B) of title
49 committed by the individual.
(d)
The Secretary may review the criminal record of an individual who applies for a merchant mariner’s document under this section.
(e)
The Secretary shall require the testing of an individual applying for issuance or renewal of a merchant mariner’s document under this chapter for the use of a dangerous drug in violation of law or Federal regulation.
(f)
Periods of Validity and Renewal of Merchant Mariners’ Documents.—
(1)
In general.—
Except as provided in subsection (g), a merchant mariner’s document issued under this chapter is valid for a 5-year period and may be renewed for additional 5-year periods.
(2)
Advance renewals.—
A renewed merchant mariner’s document may be issued under this chapter up to 8 months in advance but is not effective until the date that the previously issued merchant mariner’s document expires or until the completion of any active suspension or revocation of that previously issued merchant mariner’s document, whichever is later.
(g)
(1)
The Secretary may, pending receipt and review of information required under subsections (c) and (d), immediately issue an interim merchant mariner’s document valid for a period not to exceed 120 days, to—
(A)
an individual to be employed as gaming personnel, entertainment personnel, wait staff, or other service personnel on board a passenger vessel not engaged in foreign service, with no duties, including emergency duties, related to the navigation of the vessel or the safety of the vessel, its crew, cargo or passengers; or
(a)
The Secretary shall issue a merchant mariner’s document to an individual required to have that document under part F of this subtitle if the individual satisfies the requirements of this part. The document serves as a certificate of identification and as a certificate of service, specifying each rating in which the holder is qualified to serve on board vessels on which that document is required under part F.
(b)
The Secretary also may issue a continuous discharge book to an individual issued a merchant mariner’s document if the individual requests.
(c)
The Secretary may not issue a merchant mariner’s document under this chapter unless the individual applying for the document makes available to the Secretary, under section
30305
(b)(5) of title
49, any information contained in the National Driver Register related to an offense described in section
30304
(a)(3)(A) or (B) of title
49 committed by the individual.
(d)
The Secretary may review the criminal record of an individual who applies for a merchant mariner’s document under this section.
(e)
The Secretary shall require the testing of an individual applying for issuance or renewal of a merchant mariner’s document under this chapter for the use of a dangerous drug in violation of law or Federal regulation.
(f)
Periods of Validity and Renewal of Merchant Mariners’ Documents.—
(1)
In general.—
Except as provided in subsection (g), a merchant mariner’s document issued under this chapter is valid for a 5-year period and may be renewed for additional 5-year periods.
(2)
Advance renewals.—
A renewed merchant mariner’s document may be issued under this chapter up to 8 months in advance but is not effective until the date that the previously issued merchant mariner’s document expires or until the completion of any active suspension or revocation of that previously issued merchant mariner’s document, whichever is later.
(g)
(1)
The Secretary may, pending receipt and review of information required under subsections (c) and (d), immediately issue an interim merchant mariner’s document valid for a period not to exceed 120 days, to—
(A)
an individual to be employed as gaming personnel, entertainment personnel, wait staff, or other service personnel on board a passenger vessel not engaged in foreign service, with no duties, including emergency duties, related to the navigation of the vessel or the safety of the vessel, its crew, cargo or passengers; or
Source
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 542; Pub. L. 101–380, title IV, §§ 4101(b),
4102
(c),Aug. 18, 1990, 104 Stat. 509; Pub. L. 107–295, title III, § 324(a),Nov. 25, 2002, 116 Stat. 2104; Pub. L. 108–293, title VI, § 609(1),Aug. 9, 2004, 118 Stat. 1058; Pub. L. 109–241, title IX, § 901(h)(1), (2),July 11, 2006, 120 Stat. 564; Pub. L. 111–281, title VI, § 614(a),Oct. 15, 2010, 124 Stat. 2970.)
| Revised section | Source section (U.S. Code) |
|---|---|
| 7302 | 46:239a(c) |
| 46:643(a) | |
| 46:643(c) | |
| 46:672(i) |
Section
7302
(a) requires the Secretary to issue a merchant mariner’s document to qualified individuals required to have that document as a prerequisite to employment on certain vessels of the United States. The purpose of the document is to serve as positive identification and to specify each rating in which the individual is qualified to serve on vessels.
Subsection (b) allows the Secretary to issue a continuous discharge book to an individual who requests a book.
Amendments
2010—Subsec. (f). Pub. L. 111–281amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “Except as provided in subsection (g), a merchant mariner’s document issued under this chapter is valid for 5 years and may be renewed for additional 5-year periods.”
2006—Subsec. (c). Pub. L. 109–241, § 901(h)(1), amended directory language of Pub. L. 108–293, § 609(1). See 2004 Amendment note below.
Pub. L. 109–241, § 901(h)(2), inserted “section” before “30305(b)(5)” and before “30304(a)(3)(A)”.
2004—Subsec. (c). Pub. L. 108–293, § 609(1), as amended by Pub. L. 109–241, § 901(h)(1), substituted “30305(b)(5) of title 49” for “section 206(b)(7) of the National Driver Register Act of 1982 (23 U.S.C. 401 note)” and “30304(a)(3)(A) or (B) of title 49” for “section 205(a)(3)(A) or (B) of that Act”.
2002—Subsec. (f). Pub. L. 107–295, § 324(a)(1), substituted “Except as provided in subsection (g), a” for “A”.
Subsec. (g). Pub. L. 107–295, § 324(a)(2), added subsec. (g).
1990—Subsecs. (c) to (e). Pub. L. 101–380, § 4101(b), added subsecs. (c) to (e).
Subsec. (f). Pub. L. 101–380, § 4102(c), added subsec. (f).
Effective Date of 2006 Amendment
Pub. L. 109–241, title IX, § 901(h)(1),July 11, 2006, 120 Stat. 564, provided that the amendment made by section
901(h)(1) is effective Aug. 9, 2004.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–380applicable to incidents occurring after Aug. 18, 1990, see section 1020 ofPub. L. 101–380, set out as an Effective Date note under section
2701 of Title
33, Navigation and Navigable Waters.
Merchant Mariners’ Documents Pilot Program
Pub. L. 108–293, title VI, § 611,Aug. 9, 2004, 118 Stat. 1058, provided that: “The Secretary of the department in which the Coast Guard is operating may conduct a pilot program to demonstrate methods to improve processes and procedures for issuing merchant mariners’ documents.”
Termination of Existing Licenses, Certificates, and Documents; Applicability of 1990 Amendment
For provisions that a merchant mariner’s document issued before Aug. 18, 1990, terminates on the day it would have expired if the amendment to this section by section 4102(c) ofPub. L. 101–380were in effect on date it was issued and was renewed at the end of each 5-year period under this section, see section 4102(d) ofPub. L. 101–380, set out as a note under section
7106 of this title.
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|---|
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