§ 7702. Administrative procedure

Footnotes

1. 1 See References in Text note below.
2. 2 So in original. Opening single quotation mark probably should not appear.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1983

   Pub. L. 98–89 · 97 Stat. 500

   Enacted · 46 U.S.C. § 7702

   Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 546

   Source evidence

   Code source credit
   Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 546

2. 1985

   Pub. L. 99–36 § 1(a)(3) · 99 Stat. 67

   Substituted · 46 U.S.C. § 7702(a)

   Pub. L. 99–36 substituted “mariner’s” for “mariners’ ”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–36 substituted “mariner’s” for “mariners’ ”.

   Enacted provision · exact public law section
   (1) In section 3305(b), strike “life-saving” and “life preserver or firehose” and insert in lieu thereof “lifesaving” and “life preserver, lifesaving device, or firehose”, respectively.

3. 1990

   Oil Pollution Act of 1990

   Pub. L. 101–380 title IV § 4103(a)(1) · 104 Stat. 484

   Added · 46 U.S.C. § 7702(c); 46 U.S.C. § 7702(d)

   Pub. L. 101–380 added subsecs. (c) and (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 101–380 added subsecs. (c) and (d).

   Enacted provision · exact public law section
   (1) In general.— Section 7702 of title 46, United States Code, is amended by adding at the end the following: “(c) (1) The Secretary shall request a holder of a license, certificate of registry, or merchant mariner’s document to make available to the Secretary, under section 206(b)(4) of the National Driver Register Act of 1982 (23 U.S.C. 401 note), all information contained in the National Driver Register related to an offense described in section 205(a)(3) (A) or (B) of that Act committed by the individual. “(2) The Secretary shall require the testing of the holder of a license, certificate of registry, or merchant mariner’s 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, reasonable cause, and 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 mariner’s document held by an individual if, when acting under the authority of that license, certificate, or document— “(A) that individual performs a safety sensitive function on a vessel, as determined by the Secretary; and “(B) there is probable cause to believe that the individual— “(i) has 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; or “(iii) within the 3-year period preceding the initiation of a suspension proceeding, has been convicted of an offense described in section 205(a)(3) (A) or (B) of the National Driver Register Act of 1982. “(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.”.

   Effective date note
   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.

4. 1998

   Coast Guard Authorization Act of 1998

   Pub. L. 105–383 title III § 304(a) · 112 Stat. 3411

   1. Inserted · 46 U.S.C. § 7702(c)(2)

      Pub. L. 105–383 inserted second sentence

   2. Struck · 46 U.S.C. § 7702(c)(2)

      Pub. L. 105–383 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.”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 105–383 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.”

   Enacted provision · exact public law section
   (a) Adminstrative Procedure.— Section 7702 of title 46, United States Code, is amended by striking the second sentence of subsection (c)(2) and inserting the following: “The testing may include preemployment (with respect to dangerous drugs only), periodic, random, and reasonable cause testing, and shall include post-accident testing.”.

5. 2004

   Pub. L. 108–293 § 407(1) · 118 Stat. 1028

   Substituted · 46 U.S.C. § 7702(d)(1)

   Pub. L. 108–293, § 407(1), substituted “if—” for “if, when acting under the authority of that license, certificate, or document—” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 108–293, § 407(1), substituted “if—” for “if, when acting under the authority of that license, certificate, or document—” in introductory provisions.

   Enacted provision · exact public law section
   (1) in paragraph (1) by striking “if, when acting under the authority of that license, certificate, or document—” and inserting “if—”;

6. 2004

   Pub. L. 108–293 § 407(2) · 118 Stat. 1028

   Inserted · 46 U.S.C. § 7702(d)(1)(B)(i)

   Pub. L. 108–293, § 407(2), inserted “, while acting under the authority of that license, certificate, or document,” after “has”

   Source evidence

   Code amendment note
   Subsec.(d)(1)(B)(i). Pub. L. 108–293, § 407(2), inserted “, while acting under the authority of that license, certificate, or document,” after “has”.

   Enacted provision · exact public law section
   (2) in paragraph (1)(B)(i), by inserting “, while acting under the authority of that license, certificate, or document,” after “has”;

7. 2004

   Pub. L. 108–293 § 609(2) · 118 Stat. 1028

   Substituted · 46 U.S.C. § 7702(d)(1)(B)(iii)

   Pub. L. 108–293, § 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”

   Source evidence

   Code amendment note
   Subsec. (d)(1)(B)(iii). Pub. L. 108–293, § 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”.

   Enacted provision · exact public law section
   (2) in section 7702(d)(1)(B)(iii) by striking “section 205(a)(3)(A) or (B) of the National Driver Register Act of 1982” and inserting “section 30304(a)(3)(A) or (B) of title 49”; and

8. 2004

   Pub. L. 108–293 § 407(3) · 118 Stat. 1028

   Added · 46 U.S.C. § 7702(d)(1)(B)(iv)

   Pub. L. 108–293, § 407(3)–(5), added cl. (iv)

   Source evidence

   Code amendment note
   Subsec. (d)(1)(B)(iv). Pub. L. 108–293, § 407(3)–(5), added cl. (iv).

   Enacted provision · exact public law section
   (3) by striking “or” after the semicolon at the end of paragraph (1)(B)(ii);

9. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. C title XXXV § 3546(f) · 132 Stat. 1636

   Substituted · 46 U.S.C. § 7702(c)(1)

   Pub. L. 115–232 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)”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 115–232 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)”.

   Enacted provision · exact public law section
   (f) Section 7702(c)(1) of title 46, United States Code, is amended by striking “section 206(b)(4) of the National Driver Register Act of 1982 (23 U.S.C. 401 note)” and inserting “section 30305(b)(7) of title 49”.

10. 2025

    Pub. L. 119–60 div. G title LXXIII § 7301(i) · 139 Stat. 1758

    1. Substituted · 46 U.S.C. § 7702(d)(1)

       Pub. L. 119–60 substituted “an individual—” for “an individual” in introductory provisions

    2. Inserted · 46 U.S.C. § 7702(d)(1)

       Pub. L. 119–60 inserted subpar. (A) designation before “if—”

    3. Redesignated · 46 U.S.C. § 7702(d)(1)

       Pub. L. 119–60 redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A)

    4. Added · 46 U.S.C. § 7702(d)(1)

       Pub. L. 119–60 added subpar. (B)

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 119–60 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),

9 of 14 references resolved to an enrolled provision · 1 partial · 4 unresolved