US Code

Public Law 119-83 (04/13/2026)

46 U.S.C. § 7702

Administrative procedure

(a)
Sections 551–559 of title 5 apply to each hearing under this chapter about suspending or revoking a license, certificate of registry, or merchant mariner’s document.
(b)
The individual whose license, certificate of registry, or merchant mariner’s document has been suspended or revoked under this chapter may appeal, within 30 days, the suspension or revocation to the Secretary.
(c)
(1)
section 30305(b)(7) of title 491
1 See References in Text note below.
The Secretary shall request a holder of a license, certificate of registry, or merchant mariner’s document to make available to the Secretary, under , 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, and reasonable cause testing, and shall include post-accident testing.
(d)
(1)
2
2 So in original. Opening single quotation mark probably should not appear.
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—
(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. 98–8997 Stat. 546 Pub. L. 99–36, § 1(a)(3)99 Stat. 67 Pub. L. 101–380, title IV, § 4103(a)(1)104 Stat. 510 Pub. L. 105–383, title III, § 304(a)112 Stat. 3419 Pub. L. 108–293, title IV, § 407118 Stat. 1044 Pub. L. 115–232, div. C, title XXXV, § 3546(f)132 Stat. 2326 Pub. L. 119–60, div. G, title LXXIII, § 7301(i)139 Stat. 1758 (, , ; , , ; , , ; , , ; , title VI, § 609(2), , , 1058; , , ; , , .)

Historical and Revision Notes

Revised section

Source section (U.S. Code)

7702

..............................................

Section 7702(a) provides that Sections 551–559 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 Text

Pub. L. 97–364section 401 of Title 23section 30304 of Title 49Pub. L. 103–272108 Stat. 975 Section 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, , which was set out in a note under , Highways, and was repealed and restated in , Transportation, by , §§ 1(e), 7(b), , , 1379.

Amendments

Pub. L. 119–602025—Subsec. (d)(1). 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),

Pub. L. 115–232section 30305(b)(7) of title 4923 U.S.C. 4012018—Subsec. (c)(1). substituted “” for “section 206(b)(4) of the National Driver Register Act of 1982 ( note)”.

Pub. L. 108–293, § 407(1)2004—Subsec. (d)(1). , substituted “if—” for “if, when acting under the authority of that license, certificate, or document—” in introductory provisions.

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

Pub. L. 108–293, § 609(2)Subsec. (d)(1)(B)(iii). , 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”.

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

Pub. L. 105–3831998—Subsec. (c)(2). 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.”

Pub. L. 101–3801990—Subsecs. (c), (d). added subsecs. (c) and (d).

Pub. L. 99–361985—Subsec. (a). substituted “mariner’s” for “mariners’ ”.

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Pub. L. 101–380section 1020 of Pub. L. 101–380section 2701 of Title 33Amendment by applicable to incidents occurring after , see , set out as an Effective Date note under , Navigation and Navigable Waters.