§ 2713. Claims procedure

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. 1990

   Oil Pollution Act of 1990

   Pub. L. 101–380 title I § 1013 · 104 Stat. 484

   Enacted · 33 U.S.C. § 2713

   Pub. L. 101–380, title I, § 1013, Aug. 18, 1990, 104 Stat. 501

   Source evidence

   Code source credit
   Pub. L. 101–380, title I, § 1013, Aug. 18, 1990, 104 Stat. 501

   Enacted provision · exact public law section
   SEC. 1013. CLAIMS PROCEDURE. (a) Presentation.— Except as provided in subsection (b), all claims for removal costs or damages shall be presented first to the responsible party or guarantor of the source designated under section 1014(a). (b) Presentation to Fund.— (1) In general.— Claims for removal costs or damages may be presented first to the Fund— (A) if the President has advertised or otherwise notified claimants in accordance with section 1014(c); (B) by a responsible party who may assert a claim under section 1008; (C) by the Governor of a State for removal costs incurred by that State; or (D) by a United States claimant in a case where a foreign offshore unit has discharged oil causing damage for which the Fund is liable under section 1012(a). (2) Limitation on presenting claim.— No claim of a person against the Fund may be approved or certified during the pendency of an action by the person in court to recover costs which are the subject of the claim. (c) Election.— If a claim is presented in accordance with subsection (a) and— (1) each person to whom the claim is presented denies all liability for the claim, or (2) the claim is not settled by any person by payment within 90 days after the date upon which (A) the claim was presented, or (B) advertising was begun pursuant to section 1014(b), which-ever is later, the claimant may elect to commence an action in court against the responsible party or guarantor or to present the claim to the Fund. (d) Uncompensated Damages.— If a claim is presented in accordance with this section and full and adequate compensation is unavailable, a claim for the uncompensated damages and removal costs may be presented to the Fund. (e) Procedure for Claims Against Fund.— The President shall President of U.S. Regulations. promulgate, and may from time to time amend, regulations for the presentation, filing, processing, settlement, and adjudication of claims under this Act against the Fund.

2. 1996

   Coast Guard Authorization Act of 1996

   Pub. L. 104–324 title XI § 1142(b) · 110 Stat. 3901

   Substituted · 33 U.S.C. § 2713(d)

   Pub. L. 104–324 substituted “section, including a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled,” for “section”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 104–324 substituted “section, including a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled,” for “section”.

   Enacted provision · exact public law section
   (b) Clarification of Claims Procedure.— Section 1013(d) of the Oil Pollution Act of 1990 (33 U.S.C. 2713(d)) is amended by striking “section” and inserting the following: “section, including a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled,”.

3. 2004

   Pub. L. 108–293 title VII § 708(a) · 118 Stat. 1028

   Added · 33 U.S.C. § 2713(f)

   Pub. L. 108–293 added subsec.(f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 108–293 added subsec.(f).

   Enacted provision · exact public law section
   (a) Interest; Partial Payment of Claims.— Section 1013 of the Oil Pollution Act of 1990 (33 U.S.C. 2713) is amended by adding at the end the following: “(f) Loan Program.— “(1) In general.— The President shall establish a loan program under the Fund to provide interim assistance to fishermen and aquaculture producer claimants during the claims procedure. “(2) Eligibility for loan.— A loan may be made under paragraph (1) only to a fisherman or aquaculture producer that— “(A) has incurred damages for which claims are authorized under section 1002; “(B) has made a claim pursuant to this section that is pending; and “(C) has not received an interim payment under section 1005(a) for the amount of the claim, or part thereof, that is pending. “(3) Terms and conditions of loans.— A loan awarded under paragraph (1)— “(A) shall have flexible terms, as determined by the President; “(B) shall be for a period ending on the later of— “(i) the date that is 5 years after the date on which the loan is made; or “(ii) the date on which the fisherman or aquaculture producer receives payment for the claim to which the loan relates under the procedure established by subsections (a) through (e) of this section; and “(C) shall be at a low interest rate, as determined by the President.” .

4. 2021

   Elijah E. Cummings Coast Guard Authorization Act of 2020

   Pub. L. 116–283 div. G title LVXXXIII · 134 Stat. 3388

   Struck · 33 U.S.C. § 2713(f)

   Pub. L. 116–283 struck out subsec. (f) which related to loan program to provide interim assistance to fishermen and aquaculture producer claimants during the claims procedure

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 116–283 struck out subsec. (f) which related to loan program to provide interim assistance to fishermen and aquaculture producer claimants during the claims procedure.

   Enacted provision · exact public law
   TITLE LVXXXIII— MARITIME Subtitle A— Navigation Sec. 8301.  Electronic charts; equivalency. Sec. 8302.  Subrogated claims. Sec. 8303.  Loan provisions under Oil Pollution Act of 1990. Sec. 8304.  Oil pollution research and development program. Subtitle B— Shipping Sec. 8311.  Passenger vessel security and safety requirements; application. Sec. 8312.  Small passenger vessels and uninspected passenger vessels. Sec. 8313.  Non-operating individual. Sec. 8314.  Conforming amendments: training; public safety personnel. Sec. 8315.  Maritime transportation assessment. Sec. 8316.  Engine cut-off switches; use requirement. Sec. 8317.  Authority to waive operator of self-propelled uninspected passenger vessel requirements. Sec. 8318.  Exemptions and equivalents. Sec. 8319.  Renewal of merchant mariner licenses and documents. Sec. 8320.  Certificate extensions. Sec. 8321.  Vessel safety standards. Sec. 8322.  Medical standards. Subtitle C— Advisory Committees Sec. 8331.  Advisory committees. Sec. 8332.  Maritime Transportation System National Advisory Committee. Sec. 8333.  Expired maritime liens. Sec. 8334.  Great Lakes Pilotage Advisory Committee. Sec. 8335.  National Commercial Fishing Safety Advisory Committee. Sec. 8336.  Exemption of commercial fishing vessels operating in Alaskan Region from Global Maritime Distress and Safety System requirements of Federal Communications Commission. Subtitle D— Ports Sec. 8341.  Port, harbor, and coastal facility security. Sec. 8342.  Aiming laser pointer at vessel. Sec. 8343.  Safety of special activities. Sec. 8344.  Security plans; reviews. Sec. 8345.  Vessel traffic service. Sec. 8346.  Transportation work identification card pilot program. Subtitle A— Navigation SEC. 8301. ELECTRONIC CHARTS; EQUIVALENCY. (a) Requirements.— Section 3105(a)(1) of title 46, United States Code, is amended to read as follows: “(1) Electronic charts in lieu of marine charts, charts, and maps.— Subject to paragraph (2), the following vessels, while operating on the navigable waters of the United States, equipped with and operating electronic navigational charts that are produced by a government hydrographic office or conform to a standard acceptable to the Secretary, shall be deemed in compliance with any requirement under title 33 or title 46, Code of Federal Regulations, to have a chart, marine chart, or map on board such vessel: “(A) A self-propelled commercial vessel of at least 65 feet in overall length. “(B) A vessel carrying more than a number of passengers for hire determined by the Secretary. “(C) A towing vessel of more than 26 feet in overall length and 600 horsepower. “(D) Any other vessel for which the Secretary decides that electronic charts are necessary for the safe navigation of the vessel.” . (b) Exemptions and Waivers.— Section 3105(a)(2) of title 46, United States Code, is amended— (1) in subparagraph (A), by striking “operates; and” and inserting “operates;”; (2) in subparagraph (B), by striking “those waters.” and inserting “those waters; and”; and (3) by adding at the end the following: “(C) permit vessels described in subparagraphs (A) through (D) of paragraph (1) that operate solely landward of the baseline from which the territorial sea of the United States is measured to utilize software-based, platform-independent electronic chart systems that the Secretary determines are capable of displaying electronic navigational charts with necessary scale and detail to ensure safe navigation for the intended voyage.” . SEC. 8302. SUBROGATED CLAIMS. (a) In General.— Section 1012(b) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(b)) is amended— (1) by striking “The” and inserting the following: “(1) In general.— The” ; and (2) by adding at the end the following: “(2) Subrogated rights.— Except for a guarantor claim pursuant to a defense under section 1016(f)(1), Fund compensation of any claim by an insurer or other indemnifier of a responsible party or injured third party is subject to the subrogated rights of that responsible party or injured third party to such compensation.” . (b) Effective Date.— This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act. SEC. 8303. LOAN PROVISIONS UNDER OIL POLLUTION ACT OF 1990. (a) In General.— Section 1013 of the Oil Pollution Act of 1990 (33 U.S.C. 2713) is amended by striking subsection (f). (b) Conforming Amendments.— Section 1012(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)) is amended— (1) in paragraph (4), by adding “and” after the semicolon at the end; (2) in paragraph (5)(D), by striking “; and” and inserting a period; and (3) by striking paragraph (6). SEC. 8304. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.   Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761) is amended— (1) in subsection (c)— (A) in paragraph (1), by inserting “, technology,” after “research”; (B) in paragraph (2)— (i) by striking “this subsection” and inserting “paragraph (1)”; and (ii) by striking “which are effective in preventing or mitigating oil discharges and which” and inserting “and methods that are effective in preventing, mitigating, or restoring damage from oil discharges and that”; (C) in paragraph (3) by striking “this subsection” and inserting “paragraph (1)” each place it appears; (D) in subparagraph (A) of paragraph (4)— (i) by striking “oil discharges. Such program shall” and inserting “acute and chronic oil discharges on coastal and marine resources (including impacts on protected areas such as sanctuaries) and protected species, and such program shall”; (ii) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (iii) by inserting after clause (ii) the following: “(iii) Research to understand and quantify the effects of sublethal impacts of oil discharge on living natural marine resources, including impacts on pelagic fish species, marine mammals, and commercially and recreationally targeted fish and shellfish species.” ; and (iv) by adding at the end the following: “(vi) Research to understand the long-term effects of major oil discharges and the long-term effects of smaller endemic oil discharges. “(vii) The identification of potential impacts on ecosystems, habitat, and wildlife from the additional toxicity, heavy metal concentrations, and increased corrosiveness of mixed crude, such as diluted bitumen crude. “(viii) The development of methods to restore and rehabilitate natural resources and ecosystem functions damaged by oil discharges.” ; (E) in paragraph (5) by striking “this subsection” and inserting “paragraph (1)”; (F) by striking paragraph (7) and inserting the following: “(7) Simulated environmental testing.— “(A) In general.— Agencies represented on the Interagency Committee shall ensure the long-term use and operation of the Oil and Hazardous Materials Simulated Environmental Test Tank (OHMSETT) Research Center in New Jersey for oil pollution technology testing and evaluations. “(B) Other testing facilities.— Nothing in subparagraph (A) shall be construed as limiting the ability of the Interagency Committee to contract or partner with a facility or facilities other than the Center described in subparagraph (A) for the purpose of oil pollution technology testing and evaluations, provided such a facility or facilities have testing and evaluation capabilities equal to or greater than those of such Center. “(C) In-kind contributions.— “(i) In general.— The Secretary of the department in which the Coast Guard is operating and the Administrator of the Environmental Protection Agency may accept donations of crude oil and crude oil product samples in the form of in-kind contributions for use by the Federal Government for product testing, research and development, and for other purposes as the Secretary and the Administrator determine appropriate. “(ii) Use of donated oil.— Oil accepted under clause (i) may be used directly by the Secretary and shall be provided to other Federal agencies or departments through interagency agreements to carry out the purposes of this Act.” ; (G) in paragraph (8)— (i) in subparagraph (A), by striking “subsection (b)” and inserting “subsection (d)”; and (ii) in subparagraph (D)(iii), by striking “subsection (b)(1)(F)” and inserting “subsection (d)”; and (H) in paragraph (10)— (i) by striking “this subsection” and inserting “paragraph (1)”; (ii) by striking “agencies represented on the Interagency Committee” and inserting “Under Secretary”; (iii) by inserting “, and States and Indian tribes” after “other persons”; and (iv) by striking “subsection (b)” and inserting “subsection (d)”; (2) in subsection (d), by striking “subsection (b)” and inserting “subsection (d)”; (3) in subsection (e), by striking “Chairman of the Interagency Committee” and inserting “Chair”; (4) in subsection (f), by striking “subsection (c)(8)” each place it appears and inserting “subsection (e)(8)”; (5) by redesignating subsections (c) through (f) as subsections (e) through (h), respectively; and (6) by striking subsections (a) and (b) and inserting the following: “(a) Definitions.— In this section— “(1) the term ‘Chair’ means the Chairperson of the Interagency Committee designated under subsection (c)(2); “(2) the term ‘Commandant’ means the Commandant of the Coast Guard; “(3) the term ‘institution of higher education’ means an institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); “(4) the term ‘Interagency Committee’ means the Interagency Coordinating Committee on Oil Pollution Research established under subsection (b); “(5) the term ‘Under Secretary’ means the Under Secretary of Commerce for Oceans and Atmosphere; and “(6) the term ‘Vice Chair’ means the Vice Chairperson of the Interagency Committee designated under subsection (c)(3). “(b) Establishment of Interagency Coordinating Committee on Oil Pollution Research.— “(1) Establishment.— There is established an Interagency Coordinating Committee on Oil Pollution Research. “(2) Purpose.— The Interagency Committee shall coordinate a comprehensive program of oil pollution research, technology development, and demonstration among the Federal agencies, in cooperation and coordination with industry, 4-year institutions of higher education and research institutions, State governments, and other nations, as appropriate, and shall foster cost-effective research mechanisms, including the joint funding of research. “(c) Membership.— “(1) Composition.— The Interagency Committee shall be composed of— “(A) at least 1 representative of the Coast Guard; “(B) at least 1 representative of the National Oceanic and Atmospheric Administration; “(C) at least 1 representative of the Environmental Protection Agency; “(D) at least 1 representative of the Department of the Interior; “(E) at least 1 representative of the Bureau of Safety and Environmental Enforcement; “(F) at least 1 representative of the Bureau of Ocean Energy Management; “(G) at least 1 representative of the United States Fish and Wildlife Service; “(H) at least 1 representative of the Department of Energy; “(I) at least 1 representative of the Pipeline and Hazardous Materials Safety Administration; “(J) at least 1 representative of the Federal Emergency Management Agency; “(K) at least 1 representative of the Navy; “(L) at least 1 representative of the Corps of Engineers; “(M) at least 1 representative of the United States Arctic Research Commission; and “(N) at least 1 representative of each of such other Federal agencies as the President considers to be appropriate. “(2) Chairperson.— The Commandant shall designate a Chairperson from among the members of the Interagency Committee selected under paragraph (1)(A). “(3) Vice chairperson.— The Under Secretary shall designate a Vice Chairperson from among the members of the Interagency Committee selected under paragraph (1)(B). “(4) Meetings.— “(A) Quarterly meetings.— At a minimum, the members of the Interagency Committee shall meet once each quarter. “(B) Public summaries.— After each meeting, a summary shall be made available by the Chair or Vice Chair, as appropriate. “(d) Duties of the Interagency Committee.— “(1) Research.— The Interagency Committee shall— “(A) coordinate a comprehensive program of oil pollution research, technology development, and demonstration among the Federal agencies, in cooperation and coordination with industry, 4-year institutions of higher education and research institutions, States, Indian tribes, and other countries, as appropriate; and “(B) foster cost-effective research mechanisms, including the joint funding of research and the development of public-private partnerships for the purpose of expanding research. “(2) Oil pollution research and technology plan.— “(A) Implementation plan.— Not later than 180 days after the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, the Interagency Committee shall submit to Congress a research plan to report on the state of oil discharge prevention and response capabilities that— “(i) identifies current research programs conducted by Federal agencies, States, Indian tribes, 4-year institutions of higher education, and corporate entities; “(ii) assesses the current status of knowledge on oil pollution prevention, response, and mitigation technologies and effects of oil pollution on the environment; “(iii) identifies significant oil pollution research gaps, including an assessment of major technological deficiencies in responses to past oil discharges; “(iv) establishes national research priorities and goals for oil pollution technology development related to prevention, response, mitigation, and environmental effects; “(v) assesses the research on the applicability and effectiveness of the prevention, response, and mitigation technologies to each class of oil; “(vi) estimates the resources needed to conduct the oil pollution research and development program established pursuant to subsection (e), and timetables for completing research tasks; “(vii) summarizes research on response equipment in varying environmental conditions, such as in currents, ice cover, and ice floes; and “(viii) includes such other information or recommendations as the Interagency Committee determines to be appropriate. “(B) Advice and guidance.— “(i) National academy of sciences contract.— The Chair, through the department in which the Coast Guard is operating, shall contract with the National Academy of Sciences to— “(I) provide advice and guidance in the preparation and development of the research plan; “(II) assess the adequacy of the plan as submitted, and submit a report to Congress on the conclusions of such assessment; and “(III) provide organization guidance regarding the implementation of the research plan, including delegation of topics and research among Federal agencies represented on the Interagency Committee. “(ii) NIST advice and guidance.— The National Institute of Standards and Technology shall provide the Interagency Committee with advice and guidance on issues relating to quality assurance and standards measurements relating to its activities under this section. “(C) 10-year updates.— Not later than 10 years after the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, and every 10 years thereafter, the Interagency Committee shall submit to Congress a research plan that updates the information contained in the previous research plan submitted under this subsection.” . Subtitle B— Shipping SEC. 8311. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS; APPLICATION.   Section 3507(k)(1) of title 46, United States Code, is amended— (1) in subparagraph (B), by adding “and” after the semicolon at the end; (2) in subparagraph (C), by striking “; and” and inserting a period; and (3) by striking subparagraph (D). SEC. 8312. SMALL PASSENGER VESSELS AND UNINSPECTED PASSENGER VESSELS.   Section 12121 of title 46, United States Code, is amended— (1) in subsection (a)(1), by striking subparagraphs (A) and (B) and inserting the following: “(A) was built in the United States; “(B) was not built in the United States and is at least 3 years old; or “(C) if rebuilt, was rebuilt— “(i) in the United States; or “(ii) outside the United States at least 3 years before the certificate requested under subsection (b) would take effect.” ; and (2) in subsection (b), by inserting “12132,” after “12113,”. SEC. 8313. NON-OPERATING INDIVIDUAL. (a) In General.— The Secretary of the department in which the Coast Guard is operating shall not enforce section 8701 of title 46, United States Code, with respect to the following: (1) A vessel with respect to individuals, other than crew members required by the Certificate of Inspection or to ensure the safe navigation of the vessel and not a member of the steward’s department, engaged on board for the sole purpose of carrying out spill response activities, salvage, marine firefighting, or commercial diving business or functions from or on any vessel, including marine firefighters, spill response personnel, salvage personnel, and commercial divers and diving support personnel. (2) An offshore supply vessel, an industrial vessel (as such term is defined in section 90.10–16 of title 46, Code of Federal Regulations), or other similarly engaged vessel with respect to persons engaged in the business of the ship on board the vessel— (A) for— (i) supporting or executing the industrial business or function of the vessel; (ii) brief periods to conduct surveys or investigations, assess crew competence, conduct vessel trials, provide extraordinary security resources, or similar tasks not traditionally performed by the vessel crew; or (iii) performing maintenance tasks on equipment under warranty, or on equipment not owned by the vessel owner, or maintenance beyond the capability of the vessel crew to perform; and (B) not the master or crew members required by the certificate of inspection and not a member of the steward’s department. (b) Sunset.— The prohibition in subsection (a) shall terminate on the date that is 2 years after the date of the enactment of this Act. (c) Report.— (1) In general.— Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report detailing recommendations to ensure that personnel working on a vessel who perform work or operate equipment on such vessel not related to the operation of the vessel itself undergo a background check and the appropriate training necessary to ensure personnel safety and the safety of the vessel’s crew. (2) Contents.— The report required under paragraph (1) shall include, at a minimum, a discussion of— (A) options and recommendations for ensuring that the individuals covered by subsection (a) are appropriately screened to mitigate security and safety risks, including to detect substance abuse; (B) communication and collaboration between the Coast Guard, the department in which the Coast Guard is operating, and relevant stakeholders regarding the development of processes and requirements for conducting background checks and ensuring such individuals receive basic safety familiarization and basic safety training approved by the Coast Guard; (C) any identified legislative changes necessary to implement effective training and screening requirements for individuals covered by subsection (a); and (D) the timeline and milestones for implementing such requirements. SEC. 8314. CONFORMING AMENDMENTS: TRAINING; PUBLIC SAFETY PERSONNEL.   Chapter 701 of title 46, United States Code, is amended— (1) in section 70107— (A) in subsection (a), by striking “law enforcement personnel” and inserting “public safety personnel”; (B) in subsection (b)(8), by striking “law enforcement personnel—” and inserting “public safety personnel—”; and (C) in subsection (c)(2)(C), by striking “law enforcement agency personnel” and inserting “public safety personnel”; and (2) in section 70132— (A) in subsection (a), by striking “law enforcement personnel—” and inserting “public safety personnel—”; (B) in subsection (b), by striking “law enforcement personnel” each place it appears and inserting “public safety personnel”; and (C) by adding at the end the following: “(d) Public Safety Personnel Defined.— For the purposes of this section, the term ‘public safety personnel’ includes any Federal, State (or political subdivision thereof), territorial, or Tribal law enforcement officer, firefighter, or emergency response provider.” . SEC. 8315. MARITIME TRANSPORTATION ASSESSMENT.   Section 55501(e) of title 46, United States Code, is amended— (1) in paragraph (2), by striking “an assessment of the condition” and inserting “a conditions and performance analysis”; (2) in paragraph (4), by striking “; and” and inserting a semicolon; (3) in paragraph (5), by striking the period and inserting “; and”; and (4) by adding at the end the following: “(6) a compendium of the Federal programs engaged in the maritime transportation system.” . SEC. 8316. ENGINE CUT-OFF SWITCHES; USE REQUIREMENT. (a) In General.— Section 4312 of title 46, United States Code, is amended— (1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and (2) by inserting after subsection (a) the following: “(b) Use Requirement.— “(1) In general.— An individual operating a covered recreational vessel shall use an engine cut-off switch link while operating on plane or above displacement speed. “(2) Exceptions.— The requirement under paragraph (1) shall not apply if— “(A) the main helm of the covered vessel is installed within an enclosed cabin; or “(B) the vessel does not have an engine cut-off switch and is not required to have one under subsection (a).” . (b) Civil Penalty.— Section 4311 of title 46, United States Code, is amended by— (1) redesignating subsections (c), (d), (e), (f), and (g) as subsections (d), (e), (f), (g), and (h), respectively; and (2) inserting after subsection (b) the following: “(c) A person violating section 4312(b) of this title is liable to the United States Government for a civil penalty of not more than— “(1) $100 for the first offense; “(2) $250 for the second offense; and “(3) $500 for any subsequent offense.” . (c) Effective Date.— The amendments made in subsections (a) and (b) shall take effect 90 days after the date of the enactment of this section, unless the Commandant, prior to the date that is 90 days after the date of the enactment of this section, determines that the use requirement enacted in subsection (a) would not promote recreational boating safety. SEC. 8317. AUTHORITY TO WAIVE OPERATOR OF SELF-PROPELLED UNINSPECTED PASSENGER VESSEL REQUIREMENTS.   Section 8905 of title 46, United States Code, is amended by adding at the end the following: “(c) After consultation with the Governor of Alaska and the State boating law administrator of Alaska, the Secretary may exempt an individual operating a self-propelled uninspected passenger vessel from the requirements of section 8903 of this title, if— “(1) the individual only operates such vessel wholly within waters located in Alaska; and “(2) such vessel is— “(A) 26 feet or less in length; and “(B) carrying not more than 6 passengers.” . SEC. 8318. EXEMPTIONS AND EQUIVALENTS. (a) In General.— Section 4305 of title 46, United States Code, is amended— (1) by striking the heading and inserting the following: “§ 4305. Exemptions and equivalents” ; (2) by striking “If the Secretary” and inserting the following: “(a) Exemptions.— If the Secretary” ; and (3) by adding at the end the following: “(b) Equivalents.— The Secretary may accept a substitution for associated equipment performance or other safety standards for a recreational vessel if the substitution provides an equivalent level of safety.” . (b) Clerical Amendment.— The analysis for chapter 43 of title 46, United States Code, 46 USC prec. 4301. is amended by striking the item relating to section 4305 and inserting the following: “4305. Exemptions and equivalents.”. SEC. 8319. RENEWAL OF MERCHANT MARINER LICENSES AND DOCUMENTS.    Deadline. Briefing. Time periods. Not later than 60 days after the date of the enactment of this Act, the Commandant shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing on the Coast Guard’s implementation of section 7106 of title 46, United States Code— (1) an overview of the manner in which the Coast Guard manages and processes renewal applications under such section, including communication with the applicant regarding application status; (2) the number of applications received and approved over the previous 2 years, or in the event applications were denied, a summary detailing the reasons for such denial; (3) an accounting of renewal applications filed up to 8 months in advance of the expiration of a pre-existing license, including the processing of such applications and communication with the applicant regarding application status or any other extenuating circumstances; and (4) any other regulatory or statutory changes that would be necessary to further improve the Coast Guard’s issuance of credentials to fully qualified mariners in the most effective and efficient manner possible in order to ensure a safe, secure, economically and environmentally sound marine transportation system. SEC. 8320. CERTIFICATE EXTENSIONS. (a) In General.— Subchapter I of chapter 121 of title 46, United States Code, is amended by adding at the end the following: “§ 12108. Authority to extend duration of vessel certificates “(a) Certificates.— Provided a vessel is in compliance with inspection requirements in section 3313, the Secretary of the department in which in the Coast Guard is operating may, if the Secretary makes the determination described in subsection (b), extend, for a period of not more than 1 year, an expiring certificate of documentation issued for a vessel under chapter 121. “(b) Determination.— The determination referred to in subsection (a) is a determination that such extension is required to enable the Coast Guard to— “(1) eliminate a backlog in processing applications for such certificates; or “(2) act in response to a national emergency or natural disaster. “(c) Manner of Extension.— Any extension granted under this section may be granted to individual vessels or to a specifically identified group of vessels.” . (b) Clerical Amendment.— The analysis for subchapter I of chapter 121 of title 46, United States Code, 46 USC prec. 1201. is amended by adding at the end the following: “12108. Authority to extend duration of vessel certificates.”. SEC. 8321. VESSEL SAFETY STANDARDS. (a) Fishing Safety Training Grants Program.— Subsection (i) of section 4502 of title 46, United States Code, is amended— (1) in paragraph (3), by striking “50 percent” and inserting “75 percent”; and (2) in paragraph (4), by striking “2019” and inserting “2021”. (b) Fishing Safety Research Grant Program.— Subsection (j) of such section is amended— (1) in paragraph (3), by striking “50 percent” and inserting “75 percent”; and (2) in paragraph (4), by striking “2019” and inserting “2021”. (c) Fishing Safety Grants.— The cap on the Federal share of the cost of any activity carried out with a grant under subsections (i) and (j) of section 4502 of title 46, United States Code, as in effect prior to the date of enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018, shall apply to any funds appropriated under the Consolidated Appropriations Act, 2017 (Public Law 115–31) for the purpose of making such grants. SEC. 8322. MEDICAL STANDARDS. (a) In General.— Chapter 35 of title 46, United States Code, is amended by adding at the end the following: “§ 3509. Medical standards   “The Applicability. owner of a vessel to which section 3507 applies shall ensure that— “(1) a physician is always present and available to treat any passengers who may be on board the vessel in the event of an emergency situation; “(2) the vessel is in compliance with the Health Care Guidelines for Cruise Ship Medical Facilities established by the American College of Emergency Physicians; and “(3) the initial safety briefing given to the passengers on board the vessel includes— “(A) the location of the vessel’s medical facilities; and “(B) the appropriate steps passengers should follow during a medical emergency.” . (b) Clerical Amendment.— The analysis for chapter 35 of title 46, United States Code, 46 USC prec. 3501. is amended by adding at the end the following: “3509. Medical standards.”. Subtitle C— Advisory Committees SEC. 8331. ADVISORY COMMITTEES. (a) National Offshore Safety Advisory Committee; Representation.— Section 15106(c)(3) of title 46, United States Code, is amended— (1) in subparagraph (C), by striking “mineral and oil operations, including geophysical services” and inserting “operations”; (2) in subparagraph (D), by striking “exploration and recovery”; (3) in subparagraph (E), by striking “engaged in diving services related to offshore construction, inspection, and maintenance” and inserting “providing diving services to the offshore industry”; (4) in subparagraph (F), by striking “engaged in safety and training services related to offshore exploration and construction” and inserting “providing safety and training services to the offshore industry”; (5) in subparagraph (G), by striking “engaged in pipelaying services related to offshore construction” and inserting “providing subsea engineering, construction, or remotely operated vehicle support to the offshore industry”; (6) in subparagraph (H), by striking “mineral and energy”; (7) in subparagraph (I), by inserting “and entities providing environmental protection, compliance, or response services to the offshore industry” after “national environmental entities”; and (8) in subparagraph (J), by striking “deepwater ports” and inserting “entities engaged in offshore oil exploration and production on the Outer Continental Shelf adjacent to Alaska”. (b) Technical Corrections.— Section 15109 of title 46, United States Code, is amended by inserting “or to which this chapter applies” after “committee established under this chapter” each place it appears. SEC. 8332. MARITIME TRANSPORTATION SYSTEM NATIONAL ADVISORY COMMITTEE. (a) Maritime Transportation System National Advisory Committee.— Chapter 555 of title 46, United States Code, is amended by adding at the end the following: “§ 55502. Maritime Transportation System National Advisory Committee “(a) Establishment.— There is established a Maritime Transportation System National Advisory Committee (in this section referred to as the ‘Committee’). “(b) Function.— The Committee shall advise the Secretary of Transportation on matters relating to the United States maritime transportation system and its seamless integration with other segments of the transportation system, including the viability of the United States Merchant Marine. “(c) Membership.— “(1) In general.— The Committee shall consist of 27 members appointed by the Secretary of Transportation in accordance with this section and section 15109. “(2) Expertise.— Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee. “(3) Representation.— Members of the Committee shall be appointed as follows: “(A) At least one member shall represent the Environmental Protection Agency. “(B) At least one member shall represent the Department of Commerce. “(C) At least one member shall represent the Corps of Engineers. “(D) At least one member shall represent the Coast Guard. “(E) At least one member shall represent Customs and Border Protection. “(F) At least one member shall represent State and local governmental entities. “(G) Additional members shall represent private sector entities that reflect a cross-section of maritime industries, including port and water stakeholders, academia, and labor. “(H) The Secretary may appoint additional representatives from other Federal agencies as the Secretary considers appropriate. “(4) Restrictions on members representing federal agencies.— Members of the Committee that represent Federal agencies shall not— “(A) comprise more than one-third of the total membership of the Committee or of any subcommittee therein; or “(B) serve as the chair or co-chair of the Committee or of any subcommittee therein. “(5) Administration.— For purposes of section 15109— “(A) the Committee shall be treated as a committee established under chapter 151; and “(B) the Secretary of Transportation shall fulfill all duties and responsibilities and have all authorities of the Secretary of Homeland Security with regard to the Committee.” . (b) Treatment of Existing Committee.— Notwithstanding any other provision of law— (1) an advisory committee substantially similar to the Committee established by section 55502 of title 46, United States Code, and that was in force or in effect on the day before the date of the enactment of this Act, including the charter, membership, and other aspects of such advisory committee, may remain in force or in effect for the 2-year period beginning on the date of the enactment of this section; and (2) during such 2-year period— (A) requirements relating the Maritime Transportation System National Advisory Committee established by such section shall be treated as satisfied by such substantially similar advisory committee; and (B) the enactment of this section shall not be the basis— (i) to deem, find, or declare such committee, including the charter, membership, and other aspects thereof, void, not in force, or not in effect; (ii) to suspend the activities of such committee; or (iii) to bar the members of such committee from a meeting. (c) Clerical Amendment.— The analysis for chapter 555 of title 46, United States Code, 46 USC prec. 55501. is amended by adding at the end the following: “55502. Maritime Transportation System National Advisory Committee.”. (d) Marine Highways.— (1) Repeal.— Section 55603 of title 46, United States Code, and the item relating to that section in the analysis for chapter 556 of that title, 46 USC prec. 55601, 55603. are repealed. (2) Marine highways program.— The chapter heading of chapter 556 of title 46, United States Code, 46 USC prec. 55601. is amended to read “MARINE HIGHWAYS”. (3) Marine highways.— Section 55601 of title 46, United States Code, is amended— (A) in the section heading by striking “Short sea” and inserting “Marine highways”; (B) by striking “short sea” and inserting “marine highway” each place such term appears; (C) in subsection (a)— (i) by striking “transportation program” and inserting “transportation program to be known as the ‘America’s Marine highway program’ ”; and (ii) by striking “mitigate landside congestion or to promote short sea transportation” and insert “provide a coordinated and capable alternative to landside transportation or to promote marine highway transportation”; and (D) in subsection (b)— (i) in the subsection heading by striking “Short Sea Transportation” and inserting “Marine Highway Transportation”; and (ii) by striking paragraph (1) and inserting the following: “(1) vessels documented under chapter 121 of this title;” . (4) Cargo and shippers; interagency coordination and research.— Sections 55602 and 55604 of title 46, United States Code, are amended by striking “short sea” and inserting “marine highway” each place such term appears. (5) Research on marine highways transportation.— Section 55604 of title 46, United States Code, is amended in the section heading by striking “short sea” and inserting “marine highway” (6) Definition.— Section 55605 of title 46, United States Code, is amended— (A) in the section heading by striking “Short sea” and inserting “Marine highway”; and (B) by striking “short sea transportation” and inserting “marine highway transportation”. (7) Clerical amendments.— The analysis for chapter 556 of title 46, United States Code, 46 USC prec. 55601. is amended— (A) by striking the item related to chapter 556 and inserting the following: “Chapter 556— Marine Highways”; (B) by striking the item related to section 55601 and inserting the following: “55601. Marine highways transportation program.”; (C) by striking the item related to section 55604 and inserting the following: “55604. Research on marine highway transportation.”; and (D) by striking the item related to section 55605 and inserting the following: “55605. Marine highway transportation defined.”. SEC. 8333. EXPIRED MARITIME LIENS.   Section 31343(e) of title 46, United States Code, is amended— (1) by inserting “(1)” before “A notice”; and (2) by inserting after paragraph (1), as so designated by this section, the following: “(2) On expiration of a notice of claim of lien under paragraph (1), and after a request by the vessel owner, the Secretary shall annotate the abstract of title to reflect the expiration of the lien.” . SEC. 8334. GREAT LAKES PILOTAGE ADVISORY COMMITTEE. (a) In General.— Section 9307 of title 46, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1), by striking “seven” and inserting “8”; and (B) in paragraph (2)— (i) in subparagraph (B), by striking “representing the interests of” and inserting “chosen from among nominations made by”; (ii) in subparagraph (C), by striking “representing the interests of Great Lakes ports” and inserting “chosen from among nominations made by Great Lakes port authorities and marine terminals”; (iii) in subparagraph (D)— (I) by striking “representing the interests of” and inserting “chosen from among nominations made by”; and (II) by striking “; and” and inserting a semicolon; (iv) by redesignating subparagraph (E) as subparagraph (F); (v) by inserting after subparagraph (D) the following: “(E) one member chosen from among nominations made by Great Lakes maritime labor organizations; and” ; and (vi) in subparagraph (F), as so redesignated, by striking “with a background in finance or accounting,”; and (2) in subsection (f)(1), by striking “2020” and inserting “2030”. (b) Committee Deemed Not Expired.— Notwithstanding section 9307(f)(1) of title 46, United States Code, in any case in which the date of enactment of this Act occurs after September 30, 2020, the Great Lakes Pilotage Advisory Committee in existence as of September 30, 2020, shall be deemed not expired during the period beginning on September 30, 2020 through the date of enactment of this Act. Accordingly, the committee membership, charter, and the activities of such Committee shall continue as though such Committee had not expired. SEC. 8335. NATIONAL COMMERCIAL FISHING SAFETY ADVISORY COMMITTEE. (a) National Commercial Fishing Safety Advisory Committee.— (1) Amendments to section 15102.— Section 15102 of title 46, United States Code, is amended— (A) in subsection (b)— (i) in paragraph (1)— (I) by inserting “and provide recommendations in writing to” after “advise”; and (II) in subparagraph (E), by striking “and” after the semicolon; and (ii) in paragraph (2)— (I) by striking the period and inserting “; and”; and (II) by adding at the end the following: “(3) review marine casualties and investigations of vessels covered by chapter 45 of this title and make recommendations to the Secretary to improve safety and reduce vessel casualties.” ; and (B) by adding at the end the following: “(d) Quorum.— A quorum of 10 members is required to send any written recommendations from the Committee to the Secretary. “(e) Savings Clause.— Nothing in this section shall preclude the Secretary from taking emergency action to ensure safety and preservation of life at sea.” . (2) Amendments to section 15109.— Section 15109 of title 46, United States Code, is amended— (A) in subsection (a)— (i) by striking “Each” and inserting the following: “(1) In general.— Except as provided in paragraph (2), each” ; and (ii) by adding at the end the following: “(2) Minimum requirements.— The committee established under section 15102, shall— “(A) meet in-person, not less frequently than twice each year, at the call of the Secretary of a majority of the members of the committee; “(B) hold additional meetings as necessary; “(C) post the minutes of each meeting of the committee on a publicly available website not later than 2 weeks after the date on which a meeting concludes; and “(D) provide reasonable public notice of any meeting of the committee, and publish such notice in the Federal Register and on a publicly available website.” ; (B) in subsection (f)(8)— (i) by striking “Notwithstanding” and inserting the following: “(A) Reappointment.— Notwithstanding” ; and (ii) by adding at the end the following: “(B) Limitation.— With respect to the committee established under section 15102, members may serve not more than 3 terms.” ; (C) in subsection (j)(3)— (i) in subparagraph (B), by striking “and”; (ii) in subparagraph (C), by striking the period and inserting “; and”; and (iii) by adding at the end the following: “(D) make all responses required by subparagraph (C) which are related to recommendations made by the committee established under section 15102 available to the public not later than 30 days after the date of response.” ; (D) by amending subsection (k) to read as follows: “(k) Observers.— “(1) In general.— Any Federal agency with matters under such agency’s administrative jurisdiction related to the function of a committee established under this chapter may designate a representative to— “(A) attend any meeting of such committee; and “(B) participate as an observer at meetings of such committee that relate to such a matter. “(2) National commercial fishing safety advisory committee.— With respect to the committee established under section 15102, the Commandant of the Coast Guard shall designate a representative under paragraph (1).” ; (E) in subsection (l), by striking “2027” and inserting “2029”; (F) by redesignating subsection (l) as subsection (m); (G) by inserting after subsection (k) the following: “(l) Technical Assistance.— “(1) In general.— The Secretary shall provide technical assistance to the Committee if requested by the Chairman. “(2) Committee consultation.— With respect to the committee established under section 15102, the Chairman of the committee shall seek expertise from the fishing industry, marine safety experts, the shipbuilding industry, and others as the committee determines appropriate.” ; and (H) by adding at the end the following: “(n) Savings Clause.— Nothing in this section shall preclude the Secretary from taking emergency action to ensure safety and preservation of life at sea.” . SEC. 8336. EXEMPTION OF COMMERCIAL FISHING VESSELS OPERATING IN ALASKAN REGION FROM GLOBAL MARITIME DISTRESS AND SAFETY SYSTEM REQUIREMENTS OF FEDERAL COMMUNICATIONS COMMISSION. (a) Definition of Secretary.— In this section, the term “Secretary” means the Secretary of the department in which the Coast Guard is operating. (b) Exemption.— Subject to subsection (c), the Federal Communications Commission shall exempt fishing vessels that primarily operate in the Alaskan Region, including fishing vessels that transit from States in the Pacific Northwest to conduct fishing operations in the Alaskan Region, from the requirements relating to carriage of VHF–DSC and MF–DSC equipment under subpart W of part 80 of title 47, Code of Federal Regulations, or any successor regulation. (c) Functional Requirements.— A fishing vessel exempted under subsection (b) shall— (1) be capable of transmitting ship-to-shore distress alerts using not fewer than 2 separate and independent systems, each using a different radio communication service; (2) be equipped with— (A) a VHF radiotelephone installation; (B) an MF or HF radiotelephone installation; (C) a Category 1, 406.0–406.1 MHz EPIRB meeting the requirements of section 80.1061 of title 47, Code of Federal Regulations, or any successor regulation; (D) a NAVTEX receiver meeting the requirements of section 80.1101(c)(1) of title 47, Code of Federal Regulations, or any successor regulation; (E) survival craft equipment meeting the requirements of section 80.1095 of title 47, Code of Federal Regulations, or any successor regulation; and (F) a Search and Rescue Transponder meeting the requirements of section 80.1101(c)(6) of title 47, Code of Federal Regulations, or any successor regulation; (3) maintain a continuous watch on VHF Channel 16; and (4) as an alternative to the equipment listed in subparagraphs (A) through (F) of paragraph (2), carry equipment found by the Federal Communications Commission, in consultation with the Secretary, to be equivalent or superior with respect to ensuring the safety of the vessel. (d) Definition of Alaskan Region.— Not later than 30 days after the date of enactment of this Act, the Secretary shall define the term “Alaskan Region” for purposes of this section. The Secretary shall include in the definition of such term the area of responsibility of Coast Guard District 17. Subtitle D— Ports SEC. 8341. PORT, HARBOR, AND COASTAL FACILITY SECURITY.   Section 70116 of title 46, United States Code, is amended— (1) in subsection (a), by inserting “, cyber incidents, transnational organized crime, and foreign state threats” after “an act of terrorism”; (2) in subsection (b)— (A) in paragraphs (1) and (2), by inserting “cyber incidents, transnational organized crime, and foreign state threats” after “terrorism” each place it appears; and (B) in paragraph (3)— (i) by striking “armed” and inserting “, armed (as needed),”; and (ii) by striking “terrorism or transportation security incidents,” and inserting “terrorism, cyber incidents, transnational organized crime, foreign state threats, or transportation security incidents,”; and (3) in subsection (c)— (A) by striking “70034,” and inserting “70033,”; and (B) by adding at the end the following new sentence: “When preventing or responding to acts of terrorism, cyber incidents, transnational organized crime, or foreign state threats, the Secretary may carry out this section without regard to chapters 5 and 6 of title 5 or Executive Order Nos. 12866 and 13563.”. SEC. 8342. AIMING LASER POINTER AT VESSEL. (a) In General.— Subchapter II of chapter 700 of title 46, United States Code, is amended by adding at the end the following: “§ 70014. Aiming laser pointer at vessel “(a) Prohibition.— It shall be unlawful to cause the beam of a laser pointer to strike a vessel operating on the navigable waters of the United States. “(b) Exceptions.— This section shall not apply to a member or element of the Department of Defense or Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing, or training. “(c) Laser Pointer Defined.— In this section the term ‘laser pointer’ means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object.” . (b) Clerical Amendment.— The analysis for subchapter II of chapter 700 of title 46, United States Code, is 46 USC prec. 70001. amended by adding at the end the following: “70014. Aiming laser pointer at vessel.”. SEC. 8343. SAFETY OF SPECIAL ACTIVITIES. (a) In General.— The Secretary of the department in which the Coast Guard is operating shall conduct a 2-year pilot program to establish and implement a process to— (1) establish safety zones to address special activities in the exclusive economic zone; (2) account for the number of safety zones established for special activities; (3) differentiate whether an applicant who requests a safety zone for such activities is— (A) an individual; (B) an organization; or (C) a government entity; and (4) account for Coast Guard resources utilized to enforce safety zones established for special activities, including— (A) the number of Coast Guard or Coast Guard Auxiliary vessels used; and (B) the number of Coast Guard or Coast Guard Auxiliary patrol hours required. (b) Briefing.— Not later than 180 days after the expiration of the 2-year pilot program, the Commandant shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate regarding— (1) the process required under subsection (a); and (2) whether the authority to establish safety zones to address special activities in the exclusive economic zone should be extended or made permanent in the interest of safety. (c) Definitions.— In this section: (1) Safety zone.— The term “safety zone” has the meaning given such term in section 165.20 of title 33, Code of Federal Regulations. (2) Special activities.— The term “special activities” includes— (A) space activities, including launch and reentry, as such terms are defined in section 50902 of title 51, United States Code, carried out by United States citizens; and (B) offshore energy development activities, as described in section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)), on or near a fixed platform. (3) United states citizen.— The term “United States citizen” has the meaning given the term “eligible owners” in section 12103 of title 46, United States Code. (4) Fixed platform.— The term “fixed platform” means an artificial island, installation, or structure permanently attached to the sea-bed for the purpose of exploration or exploitation of resources or for other economic purposes. SEC. 8344. SECURITY PLANS; REVIEWS.   Section 70103 of title 46, United States Code, is amended— (1) by amending subsection (b)(3) to read as follows: “(3) The Secretary shall review and approve Area Maritime Transportation Security Plans and updates under this subsection.” ; and (2) in subsection (c)(4), by inserting “or update” after “plan” each place it appears. SEC. 8345. VESSEL TRAFFIC SERVICE.   Section 70001 of title 46, United States Code, is amended to read as follows: “§ 70001. Vessel traffic services “(a) In General.— Subject to the requirements of section 70004, the Secretary— “(1) in any port or place under the jurisdiction of the United States, in the navigable waters of the United States, or in any area covered by an international agreement negotiated pursuant to section 70005, may construct, operate, maintain, improve, or expand vessel traffic services, that consist of measures for controlling or supervising vessel traffic or for protecting navigation and the marine environment and that may include one or more of reporting and operating requirements, surveillance and communications systems, routing systems, and fairways; “(2) shall require appropriate vessels that operate in an area of a vessel traffic service to utilize or comply with that service; “(3) may require vessels to install and use specified navigation equipment, communications equipment, electronic relative motion analyzer equipment, or any electronic or other device necessary to comply with a vessel traffic service or that is necessary in the interests of vessel safety, except that the Secretary shall not require fishing vessels under 300 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, or recreational vessels 65 feet or less to possess or use the equipment or devices required by this subsection solely under the authority of this chapter; “(4) may control vessel traffic in areas subject to the jurisdiction of the United States that the Secretary determines to be hazardous, or under conditions of reduced visibility, adverse weather, vessel congestion, or other hazardous circumstances, by— “(A) specifying times of entry, movement, or departure; “(B) establishing vessel traffic routing schemes; “(C) establishing vessel size, speed, or draft limitations and vessel operating conditions; and “(D) restricting operation, in any hazardous area or under hazardous conditions, to vessels that have particular operating characteristics or capabilities that the Secretary considers necessary for safe operation under the circumstances; “(5) may require the receipt of prearrival messages from any vessel, destined for a port or place subject to the jurisdiction of the United States, in sufficient time to permit advance vessel traffic planning before port entry, which shall include any information that is not already a matter of record and that the Secretary determines necessary for the control of the vessel and the safety of the port or the marine environment; and “(6) may prohibit the use on vessels of electronic or other devices that interfere with communication and navigation equipment, except that such authority shall not apply to electronic or other devices certified to transmit in the maritime services by the Federal Communications Commission and used within the frequency bands 157.1875–157.4375 MHz and 161.7875–162.0375 MHz. “(b) National Policy.— “(1) Establishment and update of national policy.— “(A) Establishment of policy.— Not later than one year after the date of enactment of this section, the Secretary shall establish a national policy which is inclusive of local variances permitted under subsection (c), to be applied to all vessel traffic service centers and publish such policy in the Federal Register. “(B) Update.— The Secretary shall periodically update the national policy established under subparagraph (A) and shall publish such update in the Federal Register or on a publicly available website. “(2) Elements.— The national policy established and updated under paragraph (1) shall include, at a minimum, the following: “(A) Standardization of titles, roles, and responsibilities for all personnel assigned, working, or employed in a vessel traffic service center. “(B) Standardization of organizational structure within vessel traffic service centers, to include supervisory and reporting chain and processes. “(C) Establishment of directives for the application of authority provided to each vessel traffic service center, specifically with respect to directing or controlling vessel movement when such action is justified in the interest of safety. “(D) Establishment of thresholds and measures for monitoring, informing, recommending, and directing vessel traffic. “(E) Establishment of national procedures and protocols for vessel traffic management. “(F) Standardization of training for all vessel traffic service directors, operators, and watchstanders. “(G) Establishment of certification and competency evaluation for all vessel traffic service directors, operators, and watchstanders. “(H) Establishment of standard operating language when communicating with vessel traffic users. “(I) Establishment of data collection, storage, management, archiving, and dissemination policies and procedures for vessel incidents and near-miss incidents. “(c) Local Variances.— “(1) Development.— In this section, the Secretary may provide for such local variances as the Secretary considers appropriate to account for the unique vessel traffic, waterway characteristics, and any additional factors that are appropriate to enhance navigational safety in any area where vessel traffic services are provided. “(2) Review and approval by secretary.— The Captain of the Port covered by a vessel traffic service center may develop and submit to the Secretary regional policies in addition to the national policy established and updated under subsection (b) to account for variances from that national policy with respect to local vessel traffic conditions and volume, geography, water body characteristics, waterway usage, and any additional factors that the Captain considers appropriate. “(3) Review and implementation.— Not later than 180 days after receiving regional policies under paragraph (2)— “(A) the Secretary shall review such regional policies; and “(B) the Captain of the port concerned shall implement the policies that the Secretary approves. “(4) Maintenance.— The Secretary shall maintain a central depository for all local variances approved under this section. “(d) Cooperative Agreements.— “(1) In general.— The Secretary may enter into cooperative agreements with public or private agencies, authorities, associations, institutions, corporations, organizations, or other persons to carry out the functions under subsection (a)(1). “(2) International coordination.— With respect to vessel traffic service areas that cross international boundaries, the Secretary may enter into bilateral or cooperative agreements with international partners to jointly carry out the functions under subsection (a)(1) and to jointly manage such areas to collect, share, assess, and analyze information in the possession or control of the international partner. “(3) Limitation.— “(A) Inherently governmental function.— A nongovernmental entity may not under this subsection carry out an inherently governmental function. “(B) Definition of inherently governmental function.— In this paragraph Applicability. , the term ‘inherently governmental function’ means any activity that is so intimately related to the public interest as to mandate performance by an officer or employee of the Federal Government, including an activity that requires either the exercise of discretion in applying the authority of the Government or the use of judgment in making a decision for the Government. “(4) Disclosure.— The Commandant of the Coast Guard shall de-identify information prior to release to the public, including near miss incidents. “(e) Performance Evaluation.— “(1) In general.— The Secretary shall develop and implement a standard method for evaluating the performance of vessel traffic service centers. “(2) Elements.— The standard method developed and implemented under paragraph (1) shall include, at a minimum, analysis and collection of data with respect to the following within a vessel traffic service area covered by each vessel traffic service center: “(A) Volume of vessel traffic, categorized by type of vessel. “(B) Total volume of flammable, combustible, or hazardous liquid cargo transported, categorized by vessel type as provided in the Notice of Arrival, if applicable, or as determined by other means. “(C) Data on near-miss incidents. “(D) Data on marine casualties. “(E) Application by vessel traffic operators of traffic management authority during near-miss incidents and marine casualties. “(F) Other additional methods as the Secretary considers appropriate. “(3) Report.— Not later than 1 year after the date of the enactment of this paragraph, and biennially thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the evaluation conducted under paragraph (1) of the performance of vessel traffic service centers, including— “(A) recommendations to improve safety and performance; and “(B) data regarding marine casualties and near-miss incidents that have occurred during the period covered by the report. “(f) Risk Assessment Program.— “(1) In general.— The Secretary shall develop a continuous risk assessment program to evaluate and mitigate safety risks for each vessel traffic service area to improve safety and reduce the risks of oil and hazardous material discharge in navigable waters. “(2) Method for assessment.— The Secretary, in coordination with stakeholders and the public, shall develop a standard method for conducting risk assessments under paragraph (1) that includes the collection and management of all information necessary to identify and analyze potential hazardous navigational trends within a vessel traffic service area. “(3) Information to be assessed.— “(A) In general.— The Secretary shall ensure that a risk assessment conducted under paragraph (1) includes an assessment of the following: “(i) Volume of vessel traffic, categorized by type of vessel. “(ii) Total volume of flammable, combustible, or hazardous liquid cargo transported, categorized by vessel type as provided in the Notice of Arrival, if applicable, or as determined by other means. “(iii) Data on near-miss events incidents. “(iv) Data on marine casualties. “(v) Geographic locations for near-miss events incidents and marine casualties, including latitude and longitude. “(vi) Cyclical risk factors such as weather, seasonal water body currents, tides, bathymetry, and topography. “(vii) Weather data, in coordination with the National Oceanic and Atmospheric Administration. “(B) Information storage and management policies.— The Secretary shall retain all information collected under subparagraph (A) and ensure policies and procedures are in place to standardize the format in which that information is retained to facilitate statistical analysis of that information to calculate within a vessel traffic service area, at a minimum, the incident rate, intervention rate, and casualty prevention rate. “(4) Public availability.— “(A) Assessments and information.— In accordance with section 552 of title 5, the Secretary shall make any risk assessments conducted under paragraph (1) and any information collected under paragraph (3)(A) available to the public. “(B) Information in possession or control of international partners.— The Secretary shall endeavor to coordinate with international partners as described in subsection (d)(2) to enter into agreements to make information collected, shared, and analyzed under that paragraph available to the public. “(C) Disclosure.— The Commandant of the Coast Guard shall de-identify information prior to release to the public, including near-miss incidents. “(g) Vessel Traffic Service Training.— “(1) Training program.— “(A) In general.— The Secretary shall develop a comprehensive nationwide training program for all vessel traffic service directors, operators, and watchstanders. “(B) Elements.— The comprehensive nationwide training program under subparagraph (A) and any variances to that program under subsection (c) shall include, at a minimum, the following: “(i) Realistic vessel traffic scenarios to the maximum extent practicable that integrate— “(I) the national policy developed under subsection (b); “(II) international rules under the International Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.); “(III) inland navigation rules under part 83 of title 33, Code of Federal Regulations; “(IV) the application of vessel traffic authority; and “(V) communication with vessel traffic service users. “(ii) Proficiency training with respect to use, interpretation, and integration of available data on vessel traffic service display systems such as radar, and vessel automatic identification system feeds. “(iii) Practical application of— “(I) the international rules under the International Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.); and “(II) the inland navigation rules under part 83 of title 33, Code of Federal Regulations. “(iv) Proficiency training with respect to the operation of radio communications equipment and any other applicable systems necessary to execute vessel traffic service authorities. “(v) Incorporation of the Standard Marine Communication Phrases adopted by the International Maritime Organization by resolution on April 4, 2000, as amended and consolidated, or any successor resolution. “(vi) Incorporation to the maximum extent possible of guidance and recommendations contained in vessel traffic services operator training, vessel traffic services supervisor training, or other relevant training set forth by the International Association of Marine Aids to Navigation and Lighthouse Authorities. “(vii) A minimum number of hours of training for an individual to complete before the individual is qualified to fill a vessel traffic services position without supervision. “(viii) Local area geographic and operational familiarization. “(ix) Such additional components as the Secretary considers appropriate. “(2) Standard competency qualification process.— “(A) In general.— The Secretary shall develop a standard competency qualification process to be applied to all personnel assigned, employed, or working in a vessel traffic service center. “(B) Application of process.— The competency qualification process developed under subparagraph (A) shall include measurable thresholds for determining proficiency. “(3) International and inland navigation rules test.— “(A) In general.— All personnel assigned, employed, or working in a vessel traffic service center with responsibilities that include communicating, interacting, or directing vessels within a vessel traffic service area, as determined under the national policy developed under subsection (b), shall be required to pass a United States international and inland navigation rules test developed by the Secretary. “(B) Elements of test.— The Secretary shall determine the content and passing standard for the rules test developed under subparagraph (A). “(C) Testing frequency.— The Secretary shall establish a frequency, not to exceed once every 5 years, for personnel described in subparagraph (A) to be required to pass the rules test developed under such subparagraph. “(h) Research on Vessel Traffic.— “(1) Vessel communication.— The Secretary shall conduct research, in consultation with subject matter experts identified by the Secretary, to develop more effective procedures for monitoring vessel communications on radio frequencies to identify and address unsafe situations in a vessel traffic service area. The Secretary shall consider data collected under subparagraph (A) of subsection (f)(3). “(2) Professional mariner representation.— “(A) In general.— The Secretary shall conduct research, in consultation with local stakeholders and subject matter experts identified by the Secretary, to evaluate and determine the feasibility, costs and benefits of representation by professional mariners on the vessel traffic service watchfloor at each vessel traffic service center. “(B) Implementation.— The Secretary shall implement representation by professional mariners on the vessel traffic service watchfloor at those vessel traffic service centers for which it is determined feasible and beneficial pursuant to research conducted under subparagraph (A). “(i) Inclusion of Identification System on Certain Vessels.— “(1) In general.— The National Navigation Safety Advisory Committee shall advise and provide recommendations to the Secretary on matters relating to the practicability, economic costs, regulatory burden, and navigational impact of outfitting vessels lacking independent means of propulsion that carry flammable, combustible, or hazardous liquid cargo with vessel automatic identification systems. “(2) Regulations.— Based on the evaluation under paragraph (1), the Secretary shall prescribe such regulations as the Secretary considers appropriate to establish requirements relating to the outfitting of vessels described in such subparagraph with vessel automatic identification systems. “(j) Periodic Review of Vessel Traffic Service Needs.— “(1) In general.— Based on the performance evaluation conducted under subsection (e) and the risk assessment conducted under subsection (f), the Secretary shall periodically review vessel traffic service areas to determine— “(A) if there are any additional vessel traffic service needs in those areas; and “(B) if a vessel traffic service area should be moved or modified. “(2) Information to be assessed.— “(A) In general.— The Secretary shall ensure that a review conducted under paragraph (1) includes an assessment of the following: “(i) Volume of vessel traffic, categorized by type of vessel. “(ii) Total volume of flammable, combustible, or hazardous liquid cargo transported, categorized by vessel type as provided in the Notice of Arrival, if applicable, or as determined by other means. “(iii) Data on near miss incidents. “(iv) Data on marine casualties. “(v) Geographic locations for near-miss incidents and marine casualties, including latitude and longitude. “(vi) Cyclical risk factors such as weather, seasonal water body currents, tides, bathymetry, and topography. “(vii) Weather data, in coordination with the National Oceanic and Atmospheric Administration. “(3) Stakeholder input.— In conducting the periodic reviews under paragraph (1), the Secretary shall seek input from port and waterway stakeholders to identify areas of increased vessel conflicts or marine casualties that could benefit from the use of routing measures or vessel traffic service special areas to improve safety, port security, and environmental protection. “(4) Disclosure.— The Commandant of the Coast Guard shall de-identify information prior to release to the public, including near miss incidents. “(k) Limitation of Liability for Coast Guard Vessel Traffic Service Pilots and Non-Federal Vessel Traffic Service Operators.— “(1) Coast guard vessel traffic service pilots.— Any pilot, acting in the course and scope of his or her duties while at a Coast Guard Vessel Traffic Service Center, who provides information, advice, or communication assistance while under the supervision of a Coast Guard officer, member, or employee shall not be liable for damages caused by or related to such assistance unless the acts or omissions of such pilot constitute gross negligence or willful misconduct. “(2) Non-federal vessel traffic service operators.— An entity operating a non-Federal vessel traffic information service or advisory service pursuant to a duly executed written agreement with the Coast Guard, and any pilot acting on behalf of such entity, is not liable for damages caused by or related to information, advice, or communication assistance provided by such entity or pilot while so operating or acting unless the acts or omissions of such entity or pilot constitute gross negligence or willful misconduct. “(l) Existing Authority.— Nothing in this section shall be construed to alter the existing authorities of the Secretary to enhance navigation, vessel safety, marine environmental protection, and to ensure safety and preservation of life and property at sea. “(m) Definitions.— In this section: “(1) Hazardous liquid cargo.— The term ‘hazardous liquid cargo’ has the meaning given that term in regulations prescribed under section 5103 of title 49. “(2) Marine casualty.— The term ‘marine casualty’ has the meaning given that term in regulations prescribed under section 6101(a). “(3) Vessel traffic service area.— The term ‘vessel traffic service area’ means an area specified in subpart C of part 161 of title 33, Code of Federal Regulations, or any successor regulation. “(4) Vessel traffic service center.— The term ‘vessel traffic service center’ means a center for the provision of vessel traffic services in a vessel traffic service area. “(5) Near miss incident.— The term ‘near miss incident’ means any occurrence or series of occurrences having the same origin, involving one or more vessels, facilities, or any combination thereof, resulting in the substantial threat of a marine casualty. “(6) De-identified.— The term ‘de-identified’ means the process by which all information that is likely to establish the identity of the specific persons or entities noted in the reports, data, or other information is removed from the reports, data, or other information.” . SEC. 8346. TRANSPORTATION WORK IDENTIFICATION CARD PILOT PROGRAM.   Section 70105(g) of title 46, United States Code, is amended by striking “shall concurrently” and all that follows and inserting the following: “shall— “(1) develop and, no later than 2 years after the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, implement a joint application for merchant mariner’s documents under chapter 73 and for a transportation security card issued under this section; and “(2) upon receipt of a joint application developed under paragraph (1) concurrently process an application from an individual for merchant mariner’s documents under chapter 73 and an application from such individual for a transportation security card under this section.” .

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