46-U.S.C.-7302
§7302 – Issuing Merchant Mariners' Documents and Continuous Discharge Books
Pathway
Title 46 > Subtitle II > Part E > Chapter 73 > Section 7302
Details
- Reference: Section 7302
- Legend: §7302 – Issuing Merchant Mariners' Documents and Continuous Discharge Books
- USCode Year: 2013
Provision Content
(a) The Secretary shall issue a merchant mariners 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 mariners document if the individual requests.
(c) The Secretary may not issue a merchant mariners 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 mariners document under this section.
(e) The Secretary shall require the testing of an individual applying for issuance or renewal of a merchant mariners 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 mariners 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 mariners 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 mariners document expires or until the completion of any active suspension or revocation of that previously issued merchant mariners 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 mariners 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
(B) an individual seeking renewal of, or qualifying for a supplemental endorsement to, a valid merchant mariners document issued under this section.
(2) No more than one interim document may be issued to an individual under paragraph (1)(A) of this subsection.
(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 mariners 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. 111–281 amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: Except as provided in subsection (g), a merchant mariners 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. 101–380 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.
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 mariners document issued before Aug. 18, 1990, terminates on the day it would have expired if the amendment to this section by section 4102(c) of Pub. L. 101–380 were 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) of Pub. L. 101–380, set out as a note under section 7106 of this title.
U.S. Encyclopedia of Law Coverage
46-U.S.C.-7301 in the Legal Encyclopedia: Shipping
In this entry about 46-U.S.C.-7301, find legal reference material, bibliographies and premiere content related to shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States shipping-specific issues, written by authorities in the field.
Leave a Reply