110th CONGRESS
1st Session
H. R. 1605
To amend title 46, United States Code, to repeal requirements that
applicants for merchant seamen licenses and certificates and merchant mariner's
documents must take oaths, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 20, 2007
Mr. LATOURETTE (for himself, Mr. YOUNG of Alaska, and Mr. LOBIONDO) introduced
the following bill; which was referred to the Committee on Transportation
and Infrastructure
A BILL
To amend title 46, United States Code, to repeal requirements that
applicants for merchant seamen licenses and certificates and merchant mariner's
documents must take oaths, 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. SHORT TITLE.
This Act may be cited as the `Merchant Mariner Credentials Improvement Act
of 2007'.
SEC. 2. OATHS.
Sections 7105 and 7305 of title 46, United States Code, and the items relating
to such sections in the analysis for chapters 71 and 73 of such title, are
repealed.
SEC. 3. DURATION OF CREDENTIALS.
(a) Merchant Mariner's Documents- Section 7302(f) of title 46, United States
Code, is amended to read as follows:
`(f) Periods of Validity and Renewal of Merchant Mariners' Documents-
`(1) IN GENERAL- Except as provided in subsection (g), a merchant mariner's
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 mariner's document may be issued
under this chapter in advance but is not effective until the date that
the previously issued merchant mariner's document expires.'.
(b) Duration of Licenses- Section 7106 of such title is amended to read
as follows:
`Sec. 7106. Duration of licenses
`(a) License Renewal- A license issued under this part is valid for a 5-year
period and may be renewed for additional 5-year periods; except that the
validity of a license issued to a radio officer is conditioned on the continuous
possession by the holder of a first-class or second-class radiotelegraph
operator license issued by the Federal Communications Commission.
`(b) Advance Renewals- A renewed license issued under this part may be issued
in advance but is not effective until the date that the previously issued
license expires.'.
(c) Certificates of Registry- Section 7107 of such title is amended to read
as follows:
`Sec. 7107. Duration of certificates of registry
`(a) Certificates of Registry Renewal- A certificate of registry issued
under this part is valid for a 5-year period and may be renewed for additional
5-year periods; except that the validity of a certificate issued to a medical
doctor or professional nurse is conditioned on the continuous possession
by the holder of a license as a medical doctor or registered nurse, respectively,
issued by a State.
`(b) Advance Issuance- A renewed certificate of registry issued under this
part may be issued in advance but is not effective until the date that the
previously issued certificate of registry expires.'.
SEC. 4. PROCESSING TIME FOR DOCUMENTS.
Section 2110 of title 46, United States Code, is amended by adding at the
end the following:
`(l) Limitation With Respect to Processing Time- The Secretary may not charge
a fee under this section for the application, processing, or issuance of
a merchant mariner's document for an individual under chapter 73 if, within
30 days after the date the individual submits a complete application for
the document, the Secretary has not--
`(1) issued the document to the individual; or
`(2) notified the individual that the document will not be issued because
the individual does not meet the qualifications for issuance of that document
under that chapter.'.
SEC. 5. FINGERPRINTING.
(a) Merchant Mariner Licenses and Documents- Chapter 75 of title 46, United
States Code, is amended by adding at the end the following:
`Sec. 7507. Fingerprinting
`(a) In General- The Secretary of the Department in which the Coast Guard
is operating may not require an individual to be fingerprinted for the issuance
or renewal of a license, a certificate of registry, or a merchant mariner's
document under chapter 71 or 73 if the individual was fingerprinted when
the individual applied for a transportation security card under section
70105.'.
(b) Clerical Amendment- The analysis for such chapter is amended by adding
at the end the following:
SEC. 6. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, CERTIFICATES
OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS.
(a) Merchant Mariner Licenses and Documents- Chapter 75 of title 46, United
States Code, as amended by section 5(a) of this Act, is further amended
by adding at the end the following:
`Sec. 7508. Authority to extend the duration of licenses, certificates
of registry, and merchant mariner documents
`(a) Licenses and Certificates of Registry- Notwithstanding section 7106
and 7107, the Secretary of the department in which the Coast Guard is operating
may extend for one year an expiring license or certificate of registry issued
for an individual under chapter 71 if the Secretary determines that such
action is required to enable the Coast Guard to eliminate a backlog in processing
applications for such licenses or certificates of registry.
`(b) Merchant Mariner Documents- Notwithstanding section 7302(g), the Secretary
may extend for one year an expiring merchant mariner's document issued for
an individual under chapter 71 if the Secretary determines that such action
is required to enable the Coast Guard to eliminate a backlog in processing
applications for such documents.
`(c) Manner of Extension- Any extensions granted under this section may
be granted to individual seamen or a specifically identified group of seamen.
`(d) Expiration of Authority- The authority for providing an extension under
this section shall expire on June 30, 2009.'.
(b) Clerical Amendment- The analysis for such chapter, as amended by section
5(b), is further amended by adding at the end the following:
`7508. Authority to extend the duration of licenses, certificates of registry,
and merchant mariner documents.'.
SEC. 7. MERCHANT MARINER DOCUMENTATION.
(a) Interim Clearance Process- Not later than 180 days after the date of
enactment of this Act, the Secretary of the department in which the Coast
Guard is operating shall develop an interim clearance process for issuance
of a merchant mariner document to enable a newly hired seaman to begin working
on an offshore supply vessel or towing vessel if the Secretary makes an
initial determination that the seaman does not pose a safety and security
risk.
(b) Contents of Process- The process under subsection (a) shall include
a check against the consolidated and integrated terrorist watch list maintained
by the Federal Government, review of the seaman's criminal record, and review
of the results of testing the seaman for use of a dangerous drug (as defined
in section 2101 of title 46, United States Code) in violation of law or
Federal regulation.
SEC. 8. MERCHANT MARINER ASSISTANCE REPORT.
Not later than 180 days after the date of enactment of this Act, the Commandant
of the Coast Guard shall submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report regarding a plan--
(1) to expand the streamlined evaluation process program that was affiliated
with the Houston Regional Examination Center of the Coast Guard to all
processing centers of the Coast Guard nationwide;
(2) to include proposals to simplify the application process for a license
as an officer, staff officer, or operator and for a merchant mariner's
document to help eliminate errors by merchant mariners when completing
the application form (CG-719B), including instructions attached to the
application form and a modified application form for renewals with questions
pertaining only to the period of time since the previous application;
(3) to provide notice to an applicant of the status of the pending application,
including a process to allow the applicant to check on the status of the
application by electronic means; and
(4) to ensure that all information collected with respect to applications
for new or renewed licenses, merchant mariner documents, and certificates
of registry is retained in a secure electronic format.
SEC. 9. MERCHANT MARINER SHORTAGE REPORT.
Not later than 180 days after the date of enactment of this Act, the Secretary
of Transportation, acting through the Administrator of the Maritime Administration,
shall submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate a report concerning methods to address the current and future
shortage in the number of merchant mariners, particularly entry-level mariners,
including an evaluation of whether an educational loan program providing
loans for the cost of on-the-job training would provide an incentive for
workers and help alleviate the shortage.
SEC. 10. MERCHANT MARINER DOCUMENT STANDARDS.
Not later than 270 days after the date of enactment of this Act, the Secretary
of the department in which the Coast Guard is operating shall submit to
the Committee on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the Senate--
(1) a plan to ensure that the process for an application, by an individual
who has, or has applied for, a transportation security card under section
70105 of title 46, United States Code, for a merchant mariner document
can be completed entirely by mail; and
(2) a report on the feasibility of, and a timeline to, redesign the merchant
mariner document to comply with the requirements of such section, including
a biometric identifier, and all relevant international conventions, including
the International Labour Organization Convention Number 185 concerning
the seafarers identity document, and include a review on whether or not
such redesign will eliminate the need for separate credentials and background
screening and streamline the application process for mariners.
END
