To amend the requirements for the issuance and retention of licenses, certificates of registry and merchant mariners' documents; and for other purposes.

Amends Federal law to require that the Secretary of the department in which the Coast Guard is operating: (1) prior to issuing a merchant mariner's document or an endorsement to such a document, find that the applicant is qualified as to character and habits of life; and (2) determine the term of validity of a merchant mariner's document and of a certificate of registry. Allows documents and certificates to be renewed under regulations prescribed by the Secretary.

Adds habits of life to the qualifying criteria for issuance of merchant seamen certificates of registry as pursers, medical doctors, and professional nurses.

Amends provisions relating to licenses, certificates of registry, and merchant mariners' documents to allow suspension or revocation if the holder has been convicted within five years of: (1) driving under the influence of, or impaired by, alcohol or a controlled substance; or (2) a traffic violation arising in connection with a fatal traffic accident, reckless driving, or racing on the highways. Allows suspension or revocation, in addition, if the holder: (1) has had a license to drive denied, canceled, revoked, or suspended in any U.S. jurisdiction for cause; and (2) that cause would reflect adversely on the individual's fitness to serve.

Amends the Independent Safety Board Act of 1974 to remove from the list of duties of the Board that of reviewing on appeal the decisions of the Commandant of the Coast Guard related to revoking, suspending, or denying a license, certificate, document, or register in proceedings under specified provisions of Federal law.

Amends provisions of Federal law relating to manning of vessels to require the chief mate to temporarily relieve the individual in command if the chief mate and the next senior crewmember on board a vessel determine that reasonable cause exists to believe that the individual in command is intoxicated by dangerous drugs or alcohol and is therefore incapable of commanding the vessel. Requires the chief mate to log the details and report to the Secretary.

 
HR 2685 IH
101st CONGRESS
1st Session
 H. R. 2685
To amend the requirements for the issuance and retention of licenses,
certificates of registry, and merchant mariners' documents, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
June 20, 1989
Mr. DAVIS (by request) (for himself and Mr. CONTE) introduced the following
bill; which was referred to the Committee on Merchant Marine and Fisheries
A BILL
To amend the requirements for the issuance and retention of licenses,
certificates of registry, and merchant mariners' documents, and for other
purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
  SECTION 1. Section 7302 of title 46, United States Code, is amended by
  adding new subsections (c) and (d) to read as follows:
  `(c) Prior to issuing a merchant mariner's document, or an endorsement
  to such a document, the Secretary must find that the applicant for such
  document or endorsement is qualified as to character and habits of life.
  `(d) The Secretary shall determine the term of validity of a merchant
  mariner's document. Such documents may be renewed under regulations
  prescribed by the Secretary.'.
  SEC. 2. (a) The first sentence of section 7107 of title 46, United States
  Code, is amended to read as follows:
  `The Secretary shall determine the term of validity of a certificate of
  registry. Such a certificate may be renewed under regulations prescribed
  by the Secretary.'.
  (b) Section 7101(f) of title 46, United States Code, is amended by inserting
  `habits of life,' immediately after `qualified as to character,'.
  SEC. 3. (a) Section 7704 of title 46, United States Code, is amended by
  inserting at the end a new subsection (d) to read as follows:
  `(d) If it is shown at a hearing under this chapter that a holder has
  been convicted within the previous five years of an offense described in
  section 205(a)(3)(A) or (B) of the National Driver Register Act of 1982,
  (23 U.S.C. 401 note), or has had a license to operate a motor vehicle denied,
  canceled, revoked, or suspended in any jurisdiction of the United States for
  cause, and that cause would reflect adversely on the individual's fitness
  to serve, the license, certificate of registry, or merchant mariner's
  document may be revoked or suspended.'.
  (b) The table of sections for chapter 77 of title 46, United States Code,
  is amended by changing the entry for section 7704 to read as follows:
`7704. Dangerous drugs, alcohol abuse, and other grounds for suspension
and revocation.'.
  (c) The catchline to section 7704 of title 46, United States Code, is
  amended to read as follows:
`Sec. 7704. Dangerous drugs, alcohol abuse, and other grounds for suspension
or revocation'.
  SEC. 4. Section 304(a)(9) of the Independent Safety Board Act of 1974
  (49 U.S.C. App. 1903(a)(9)) is amended by deleting `(A)', replacing the
  semicolon after the word `title' with a period, and striking the remainder
  of the subsection.
  SEC. 5. Section 8101 of title 46, United States Code, is amended by adding
  a new subsection (i) to read as follows:
  `(i) If the chief mate or equivalent and the next senior crewmember on
  board a vessel determine that reasonable cause exists to believe that the
  master or individual in command is intoxicated as a result of the use of
  dangerous drugs as defined in 46 U.S.C. 7704 or alcohol and is therefore
  incapable of commanding the vessel, the chief mate shall temporarily
  relieve the master and temporarily assume command of the vessel and shall
  immediately enter the details in the vessel log and report such details
  to the Secretary by the most expeditious means available. The chief mate
  shall also report the circumstances in writing to the Secretary within
  twelve hours after the vessel arrives at its destination.'.