Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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Fabio
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---
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title: "46 U.S.C. § 7701"
description: "General"
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title_number: 46
title_name: "SHIPPING"
chapter_number: "77"
chapter_name: "SUSPENSION AND REVOCATION"
section: "7701"
citation: "46 U.S.C. § 7701"
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---
# 46 U.S.C. § 7701 - General
## Text
(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(c) When a license, certificate of registry, or merchant mariners document has been revoked under this chapter, the former holder may be issued a new license, certificate of registry, or merchant mariners document only after—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(2) the former holder provides satisfactory proof that the bases for revocation are no longer valid.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. 9889, Aug. 26, 1983, 97 Stat. 546; Pub. L. 101380, title IV, § 4103(c), Aug. 18, 1990, 104 Stat. 511.)
## Notes
Historical and Revision Notes Revised sectionSource section (U.S. Code) 770146:239(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.
Editorial Notes
Amendments1990—Subsec. (c). Pub. L. 101380 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “When a license, certificate of registry, or merchant mariners 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.”
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.
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title: "46 U.S.C. § 7702"
description: "Administrative procedure"
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title_number: 46
title_name: "SHIPPING"
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---
# 46 U.S.C. § 7702 - Administrative procedure
## Text
(a) Sections 551559 of title 5 apply to each hearing under this chapter about suspending or revoking a license, certificate of registry, or merchant mariners document.
(b) The individual whose license, certificate of registry, or merchant mariners document has been suspended or revoked under this chapter may appeal, within 30 days, the suspension or revocation to the Secretary.
(c) (1) The Secretary shall request a holder of a license, certificate of registry, or merchant mariners document to make available to the Secretary, under section 30305(b)(7) of title 49, all information contained in the National Driver Register related to an offense described in section 205(a)(3)(A) or (B) of that Act 11 See References in Text note below. committed by the individual.
(2) The Secretary shall require the testing of the holder of a license, certificate of registry, or merchant mariners document for use of alcohol and dangerous drugs in violation of law or Federal regulation. The testing may include preemployment (with respect to dangerous drugs only), periodic, random, and reasonable cause testing, and shall include post-accident testing.
(d) (1) The Secretary may temporarily, for not more than 45 days, suspend and take possession of the license, certificate of registry, or merchant mariners document held by an 22 So in original. Opening single quotation mark probably should not appear. individual—
(A) if—
(i) that individual performs a safety sensitive function on a vessel, as determined by the Secretary; and
(ii) there is probable cause to believe that the individual—
(I) has, while acting under the authority of that license, certificate, or document, performed the safety sensitive function in violation of law or Federal regulation regarding use of alcohol or a dangerous drug;
(II) has been convicted of an offense that would prevent the issuance or renewal of the license, certificate, or document;
(III) within the 3-year period preceding the initiation of a suspension proceeding, has been convicted of an offense described in section 30304(a)(3)(A) or (B) of title 49; or
(IV) is a security risk that poses a threat to the safety or security of a vessel or a public or commercial structure located within or adjacent to the marine environment; or
(B) if there is probable cause to believe that the individual has violated company policy and is a security risk that poses a threat to other individuals on the vessel.
(2) If a license, certificate, or document is temporarily suspended under this section, an expedited hearing under subsection (a) of this section shall be held within 30 days after the temporary suspension.
(Pub. L. 9889, Aug. 26, 1983, 97 Stat. 546; Pub. L. 9936, § 1(a)(3), May 15, 1985, 99 Stat. 67; Pub. L. 101380, title IV, § 4103(a)(1), Aug. 18, 1990, 104 Stat. 510; Pub. L. 105383, title III, § 304(a), Nov. 13, 1998, 112 Stat. 3419; Pub. L. 108293, title IV, § 407, title VI, § 609(2), Aug. 9, 2004, 118 Stat. 1044, 1058; Pub. L. 115232, div. C, title XXXV, § 3546(f), Aug. 13, 2018, 132 Stat. 2326; Pub. L. 11960, div. G, title LXXIII, § 7301(i), Dec. 18, 2025, 139 Stat. 1758.)
## Notes
Historical and Revision Notes Revised sectionSource section (U.S. Code) 7702.............................................. Section 7702(a) provides that Sections 551559 of title 5 of the United States Code shall apply to each involving the suspension or revocation of a license, certificate, or document. Subsection (b) allows an individual whose license, certificate, or document has been suspended or revoked to appeal it to the Secretary within 30 days.
Editorial Notes
References in TextSection 205(a)(3)(A) or (B) of that Act, referred to in subsec. (c)(1), means section 205(a)(3)(A), (B) of the National Driver Register Act of 1982, Pub. L. 97364, which was set out in a note under section 401 of Title 23, Highways, and was repealed and restated in section 30304 of Title 49, Transportation, by Pub. L. 103272, §§ 1(e), 7(b), July 5, 1994, 108 Stat. 975, 1379.
Amendments2025—Subsec. (d)(1). Pub. L. 11960 substituted “an individual—” for “an individual” in introductory provisions, inserted subpar. (A) designation before “if—”, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and added subpar. (B), 2018—Subsec. (c)(1). Pub. L. 115232 substituted “section 30305(b)(7) of title 49” for “section 206(b)(4) of the National Driver Register Act of 1982 (23 U.S.C. 401 note)”. 2004—Subsec. (d)(1). Pub. L. 108293, § 407(1), substituted “if—” for “if, when acting under the authority of that license, certificate, or document—” in introductory provisions. Subsec.(d)(1)(B)(i). Pub. L. 108293, § 407(2), inserted “, while acting under the authority of that license, certificate, or document,” after “has”. Subsec. (d)(1)(B)(iii). Pub. L. 108293, § 609(2), substituted “section 30304(a)(3)(A) or (B) of title 49” for “section 205(a)(3)(A) or (B) of the National Driver Register Act of 1982”. Subsec. (d)(1)(B)(iv). Pub. L. 108293, § 407(3)(5), added cl. (iv). 1998—Subsec. (c)(2). Pub. L. 105383 inserted second sentence and struck out former second sentence which read as follows: “The testing may include preemployment (with respect to dangerous drugs only), periodic, random, reasonable cause, and post accident testing.” 1990—Subsecs. (c), (d). Pub. L. 101380 added subsecs. (c) and (d). 1985—Subsec. (a). Pub. L. 9936 substituted “mariners” for “mariners ”.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.
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# 46 U.S.C. § 7703 - Bases for suspension or revocation
## Text
A license, certificate of registry, or merchant mariners document issued by the Secretary may be suspended or revoked if the holder—
(1) when acting under the authority of that license, certificate, or document—
(A) has violated or fails to comply with this subtitle, a regulation prescribed under this subtitle, or any other law or regulation intended to promote marine safety or to protect navigable waters; or
(B) has committed an act of misconduct or negligence;
(2) is convicted of an offense that would prevent the issuance or renewal of a license, certificate of registry, or merchant mariners document;
(3) within the 3-year period preceding the initiation of the suspension or revocation proceeding is convicted of an offense described in section 30304(a)(3)(A) or (B) of title 49;
(4) has committed an act of incompetence relating to the operation of a vessel; or
(5) is a security risk that poses a threat to the safety or security of a vessel or a public or commercial structure located within or adjacent to the marine environment.
(Pub. L. 9889, Aug. 26, 1983, 97 Stat. 546; Pub. L. 9936, § 1(a)(9)(E), May 15, 1985, 99 Stat. 68; Pub. L. 101380, title IV, § 4103(b), Aug. 18, 1990, 104 Stat. 511; Pub. L. 108293, title IV, § 408, title VI, § 609(3), Aug. 9, 2004, 118 Stat. 1044, 1058; Pub. L. 109241, title IX, § 901(h)(3), July 11, 2006, 120 Stat. 564.)
## Notes
Historical and Revision Notes Revised sectionSource section (U.S. Code) 770346:22646:23946:24046:246(c) This section provides the bases for suspension and revocation of a license, certificate or document. The individual must have been operating under the authority of the required license, certificate, or document and has violated a law or regulation intended to promote marine safety or to protect the navigable waters or has committed an act of incompetence, misconduct, or negligence.
Editorial Notes
Amendments2006—Par. (3). Pub. L. 109241 struck out “(23 U.S.C. 401 note)” after “of title 49”. 2004—Par. (1)(B). Pub. L. 108293, § 408(1), substituted “misconduct or” for “incompetence, misconduct, or”. Par. (3). Pub. L. 108293, § 609(3), substituted “section 30304(a)(3)(A) or (B) of title 49” for “section 205(a)(3)(A) or (B) of the National Driver Register Act of 1982”. Pars. (4), (5). Pub. L. 108293, § 408(2)(4), added pars. (4) and (5). 1990—Pub. L. 101380 amended section generally. Prior to amendment, section read as follows: “A license, certificate of registry, or merchant mariners document issued by the Secretary may be suspended or revoked if, when acting under the authority of that license, certificate, or document, the holder— “(1) has violated or failed to comply with this subtitle, a regulation prescribed under this subtitle, or any other law or regulation intended to promote marine safety or to protect navigable waters. “(2) has committed an act of incompetence, misconduct, or negligence.” 1985—Pub. L. 9936 substituted “certificate of registry,” for first reference to “certificate,”.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.
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# 46 U.S.C. § 7704 - Dangerous drugs as grounds for revocation
## Text
(a) If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariners document issued under this part, within 10 years before the beginning of the proceedings, has been convicted of violating a dangerous drug law of the United States or of a State, the license, certificate, or document shall be suspended or revoked.
(b) If it is shown that a holder has been a user of, or addicted to, a dangerous drug, the license, certificate of registry, or merchant mariners document shall be revoked unless the holder provides satisfactory proof that the holder is cured.
(Pub. L. 9889, Aug. 26, 1983, 97 Stat. 546; Pub. L. 9936, § 1(a)(9)(F), (G), May 15, 1985, 99 Stat. 68; Pub. L. 101380, title IV, § 4103(a)(2)(B), Aug. 18, 1990, 104 Stat. 511; Pub. L. 108293, title IV, § 402, Aug. 9, 2004, 118 Stat. 1043; Pub. L. 115232, div. C, title XXXV, § 3545(b), Aug. 13, 2018, 132 Stat. 2326.)
## Notes
Historical and Revision Notes Revised sectionSource section (U.S. Code) 7704(a)46:239a(a) 7704(b)46:239b(b)(1) 7704(c)46:239b(b)(2) Section 7704 requires the Secretary to revoke the license, certificate, or document of any individual who has been convicted of a dangerous drug law within 10 years before the beginning of the suspension or revocation procedures. This section has expanded current law to incorporate violations involving “controlled substances” which are not narcotic. This includes PCP and LSD. Unless it can be done under existing law, the suspension or revocation of an individuals license based on the use of a “controlled substance” only applies to the use or conviction after the date of enactment of this Act. This section also provides that anyone who has been a user of or addicted to a dangerous drug since July 14, 1954, may be subjected to revocation procedures unless the individual provides satisfactory proof of being cured. In sections 7503(b)(2) and 7704(c), the term “use”, when applying to “narcotic drugs” or “controlled substances”, is not intended to include the use of “off the shelf” drugs or drugs acquired with a prescription lawfully issued by a medical doctor, as long as the drugs are used by the individual in the recommended amounts and the drugs will not impair the individuals ability to perform duties.
Editorial Notes
Amendments2018—Subsecs. (a) to (c). Pub. L. 115232 redesignated subsecs. (b) and (c) as (a) and (b), respectively. 2004—Subsec. (b). Pub. L. 108293 inserted “suspended or” after “shall be”. 1990—Subsec. (a). Pub. L. 101380 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. 9936, § 1(a)(9)(F), substituted “merchant mariners document” for first reference to “document”. Subsec. (c). Pub. L. 9936, § 1(a)(9)(G), substituted “certificate of registry, or merchant mariners document” for “certificate, or document”.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.
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# 46 U.S.C. § 7704a - Sexual harassment or sexual assault as grounds for suspension or revocation
## Text
(a) Sexual Harassment.— If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariners document issued under this part, within 5 years before the beginning of the suspension and revocation proceedings, is the subject of an official finding of sexual harassment, then the license, certificate of registry, or merchant mariners document may be suspended or revoked.
(b) Sexual Assault.— If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariners document issued under this part, within 10 years before the beginning of the suspension and revocation proceedings, is the subject of an official finding of sexual assault, then the license, certificate of registry, or merchant mariners document shall be revoked.
(c) Official Finding.— (1) In general.— In this section, the term “official finding” means—
(A) a legal proceeding or agency finding or decision that determines the individual committed sexual harassment or sexual assault in violation of any Federal, State, local, or Tribal law or regulation; or
(B) a determination after an investigation by the Coast Guard that, by a preponderance of the evidence, the individual committed sexual harassment or sexual assault if the investigation affords appropriate due process rights to the subject of the investigation.
(2) Administrative law judge review.— (A) Coast guard investigation.— A determination under paragraph (1)(B) shall be reviewed and affirmed by an administrative law judge within the same proceeding as any suspension or revocation of a license, certificate of registry, or merchant mariners document under subsection (a) or (b).
(B) Legal proceeding.— A determination under paragraph (1)(A) that an individual committed sexual harassment or sexual assault is conclusive in suspension and revocation proceedings.
(Added Pub. L. 117263, div. K, title CXVI, § 11603(a), Dec. 23, 2022, 136 Stat. 4147.)
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# 46 U.S.C. § 7705 - Subpenas and oaths
## Text
(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. 9889, Aug. 26, 1983, 97 Stat. 547; Pub. L. 9936, § 1(a)(9)(H), May 15, 1985, 99 Stat. 68.)
## Notes
Historical and Revision Notes Revised sectionSource section (U.S. Code) 770546:239(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.
Editorial Notes
Amendments1985—Subsec. (a). Pub. L. 9936 substituted “certificates of registry, and merchant mariners documents” for “certificates, and documents”.
@@ -0,0 +1,47 @@
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# 46 U.S.C. § 7706 - Drug testing reporting
## Text
(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. 108293, title IV, § 414(a), Aug. 9, 2004, 118 Stat. 1046; amended Pub. L. 113281, title III, § 304, Dec. 18, 2014, 128 Stat. 3043; Pub. L. 115232, div. C, title XXXV, § 3541(b)(13), Aug. 13, 2018, 132 Stat. 2323.)
## Notes
Editorial Notes
References in TextSection 503(e) of the Supplemental Appropriations Act, 1987, referred to in subsec. (c), is section 503(e) of Pub. L. 10071, which is set out as a note under section 7301 of Title 5, Government Organization and Employees.
Amendments2018—Subsec. (a). Pub. L. 115232 struck out “of the Coast Guard” after “Commandant”. 2014—Subsec. (a). Pub. L. 113281, § 304(1), inserted “an applicant for employment by a Federal agency,” after “Federal agency,”. Subsec. (c). Pub. L. 113281, § 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”.