Recently enacted federal legislation geared toward making employment at sea safer has resulted in many mariners being denied credentials and/or renewals of their credentials through the National Maritime Center. 46 USC 7511, enacted in 2022, bans the issuance of any merchant marine credentials (MMC) to anyone who has been convicted under the federal sexual abuse statutes (18 USC Ch 109A) or under state statutes deemed substantially similar. Thus, by federal law as interpreted by the federal court, the US Coast Guard is prohibited from issuing new credentials or renewing existing credentials for any mariner with a sex abuse conviction. Maritime companies should be aware that even long-term and reliable employees stand to lose their credentials under this legislative change.
US Coast Guard Policy Letter No. 03-23 dated May 23, 2023, provides the standard for when a state conviction will be deemed substantially similar, namely whether (1) the crime involved the use or threat of force; (2) the victim was unconscious or intoxicated with alcohol, drugs, or other intoxicants; (3) the victim was unable to appraise the nature of the act; (4) the victim was physically incapable of declining participation in or communicating unwillingness to engage in the act; (4) the victim was under the age of consent; (5) the sexual act/contact was without consent or consent was achieved via fraud or coercion; or (6) the victim was a ward of the perpetrator.
Two federal district courts have overruled challenges to this ban. Although both cases involved the denial of an injunction on procedural grounds, the courts provided strong language in favor of the law and its enforceability.
In Reid v. Mayorkas, 759 Supp. 3d 15 (D.C. 2024), the US District Court for the District of Columbia assessed the applicability of Section 7511 to three different offenders under different state statutes. The court upheld the denial of credentials and determined that Congress barred the Coast Guard from issuing credentials to individuals convicted of certain sex offenses. Rather than just the issuance of new credentials, Section 7511 applies to the issuance of any license, including the renewal of an MMC. Although this has left experienced mariners without the credentials necessary to continue their employment, the court specifically found that there is no property interest in an existing credential that bolsters a renewal in light of this ban.
The Coast Guard was required to deny the renewal of plaintiffs’ MMCs as a result of their convictions. The court emphasized that “federal law required the Coast Guard to deny their renewal applications.” Congress plainly intended the statute to consider prior conduct given its concern with past sex offense convictions.
The Reid court concluded that the public interest weighs against enjoining the application of Section 7511 in the face of Congress’ recent legislation to address sexual assault within the Merchant Marines. The court found that the passage of Sections 7511 and 7704a in 2022 represented Congress’ judgment that reducing the number of licensed merchant mariners with sex offense convictions was in the public interest. In considering the legislation, the US House Committee on Transportation and Infrastructure responded to particular reports of sexual assault, heard from victims and advocacy groups, found each account of sexual abuse disturbing and disheartening, and resolved that every mariner deserves to feel safe while at sea. The court was “loath” to second-guess Congress’ evaluation of the public interest in denying MMCs to individuals convicted of sex offenses.
In Mullen v. Noem, No. 25-404 (E.D. La. Sept. 30, 2025), 2025 US Dist. LEXIS 192630, 2025 WL 2779256, the Eastern District of Louisiana reiterated much of the rhetoric of the Reid court, including that there was no indication that Congress intended to restrict the ban to convictions occurring in the prior five or 10 years as found in related statutes. Additionally, the court pointed out that the volume of legislative history shows Congress intended Section 7511 to protect merchant mariners from sexual harassment.
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