§ 70001. Vessel traffic services

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. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 title IV § 401(a) · 132 Stat. 4192

   Enacted · 46 U.S.C. § 70001

   Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4253

   Source evidence

   Code source credit
   Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4253

   Enacted provision · exact public law section
   (a) Codification.— Subtitle VII of title 46, United States Code, is amended by inserting before chapter 701 the following: “CHAPTER 700— PORTS AND WATERWAYS SAFETY “subchapter a— vessel operations “70001.  Vessel traffic services. “70002.  Special powers. “70003.  Port access routes. “70004.  Considerations by Secretary. “70005.  International agreements. “subchapter b— ports and waterways safety “70011.  Waterfront safety. “70012.  Navigational hazards. “70013.  Requirement to notify Coast Guard of release of objects into the navigable waters of the United States. “subchapter c— condition for entry into ports in the united states “70021.  Conditions for entry to ports in the united states. “subchapter d— definitions, regulations, enforcement, investigatory powers, applicability “70031.  Definitions. “70032.  Saint Lawrence Seaway. “70033.  Limitation on application to foreign vessels. “70034.  Regulations. “70035.  Investigatory powers. “70036.  Enforcement. “SUBCHAPTER I— VESSEL OPERATIONS “§ 70001. Vessel traffic services “(a) 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) (A) 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. “(B) Notwithstanding subparagraph (A), 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) 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) Limitation.— “(A) A nongovernmental entity may not under this subsection carry out an inherently governmental function. “(B) As used in this paragraph, 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. “(c) 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, 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. “§ 70002. Special powers   “The Secretary may order any vessel, in a port or place subject to the jurisdiction of the United States or in the navigable waters of the United States, to operate or anchor in a manner the Secretary directs if— “(1) the Secretary has reasonable cause to believe such vessel does not comply with any regulation issued under section 70034 or any other applicable law or treaty; “(2) the Secretary determines such vessel does not satisfy the conditions for port entry set forth in section 70021 of this title; or “(3) by reason of weather, visibility, sea conditions, port congestion, other hazardous circumstances, or the condition of such vessel, the Secretary is satisfied such direction is justified in the interest of safety. “§ 70003. Port access routes “(a) Authority To Designate.— Except as provided in subsection (b) and subject to the requirements of subsection (c), in order to provide safe access routes for the movement of vessel traffic proceeding to or from ports or places subject to the jurisdiction of the United States, the Secretary shall designate necessary fairways and traffic separation schemes for vessels operating in the territorial sea of the United States and in high seas approaches, outside the territorial sea, to such ports or places. Such a designation shall recognize, within the designated area, the paramount right of navigation over all other uses. “(b) Limitation.— “(1) In general.— No designation may be made by the Secretary under this section if— “(A) the Secretary determines such a designation, as implemented, would deprive any person of the effective exercise of a right granted by a lease or permit executed or issued under other applicable provisions of law; and “(B) such right has become vested before the time of publication of the notice required by paragraph (1) of subsection (c). “(2) Consultation required.— The Secretary shall make the determination under paragraph (1)(A) after consultation with the head of the agency responsible for executing the lease or issuing the permit. “(c) Consideration of Other Uses.— Before making a designation under subsection (a), and in accordance with the requirements of section 70004, the Secretary shall— “(1) undertake a study of the potential traffic density and the need for safe access routes for vessels in any area for which fairways or traffic separation schemes are proposed or that may otherwise be considered and publish notice of such undertaking in the Federal Register; “(2) in consultation with the Secretary of State, the Secretary of the Interior, the Secretary of Commerce, the Secretary of the Army, and the Governors of affected States, as their responsibilities may require, take into account all other uses of the area under consideration, including, as appropriate, the exploration for, or exploitation of, oil, gas, or other mineral resources, the construction or operation of deepwater ports or other structures on or above the seabed or subsoil of the submerged lands or the Outer Continental Shelf of the United States, the establishment or operation of marine or estuarine sanctuaries, and activities involving recreational or commercial fishing; and “(3) to the extent practicable, reconcile the need for safe access routes with the needs of all other reasonable uses of the area involved. “(d) Study.— In carrying out the Secretary’s responsibilities under subsection (c), the Secretary shall— “(1) proceed expeditiously to complete any study undertaken; and “(2) after completion of such a study, promptly— “(A) issue a notice of proposed rulemaking for the designation contemplated; or “(B) publish in the Federal Register a notice that no designation is contemplated as a result of the study and the reason for such determination. “(e) Implementation of Designation.— In connection with a designation made under this section, the Secretary— “(1) shall issue reasonable rules and regulations governing the use of such designated areas, including rules and regulations regarding the applicability of rules 9 and 10 of the International Regulations for Preventing Collisions at Sea, 1972, relating to narrow channels and traffic separation schemes, respectively, in waters where such regulations apply; “(2) to the extent that the Secretary finds reasonable and necessary to effectuate the purposes of the designation, make the use of designated fairways and traffic separation schemes mandatory for specific types and sizes of vessels, foreign and domestic, operating in the territorial sea of the United States and for specific types and sizes of vessels of the United States operating on the high seas beyond the territorial sea of the United States; “(3) may, from time to time, as necessary, adjust the location or limits of designated fairways or traffic separation schemes in order to accommodate the needs of other uses that cannot be reasonably accommodated otherwise, except that such an adjustment may not, in the judgment of the Secretary, unacceptably adversely affect the purpose for which the existing designation was made and the need for which continues; and “(4) shall, through appropriate channels— “(A) notify cognizant international organizations of any designation, or adjustment thereof; and “(B) take action to seek the cooperation of foreign States in making it mandatory for vessels under their control to use, to the same extent as required by the Secretary for vessels of the United States, any fairway or traffic separation scheme designated under this section in any area of the high seas. “§ 70004. Considerations by Secretary   “In carrying out the duties of the Secretary under sections 70001, 70002, and 70003, the Secretary shall— “(1) take into account all relevant factors concerning navigation and vessel safety, protection of the marine environment, and the safety and security of United States ports and waterways, including— “(A) the scope and degree of the risk or hazard involved; “(B) vessel traffic characteristics and trends, including traffic volume, the sizes and types of vessels involved, potential interference with the flow of commercial traffic, the presence of any unusual cargoes, and other similar factors; “(C) port and waterway configurations and variations in local conditions of geography, climate, and other similar factors; “(D) the need for granting exemptions for the installation and use of equipment or devices for use with vessel traffic services for certain classes of small vessels, such as self-propelled fishing vessels and recreational vessels; “(E) the proximity of fishing grounds, oil and gas drilling and production operations, or any other potential or actual conflicting activity; “(F) environmental factors; “(G) economic impact and effects; “(H) existing vessel traffic services; and “(I) local practices and customs, including voluntary arrangements and agreements within the maritime community; and “(2) at the earliest possible time, consult with and receive and consider the views of representatives of the maritime community, ports and harbor authorities or associations, environmental groups, and other persons who may be affected by the proposed actions. “§ 70005. International agreements “(a) Transmittal of Regulations.— The Secretary shall transmit, via the Secretary of State, to appropriate international bodies or forums, any regulations issued under this subchapter, for consideration as international standards. “(b) Agreements.— The President is authorized and encouraged to— “(1) enter into negotiations and conclude and execute agreements with neighboring nations, to establish compatible vessel standards and vessel traffic services, and to establish, operate, and maintain international vessel traffic services, in areas and under circumstances of mutual concern; and “(2) enter into negotiations, through appropriate international bodies, and conclude and execute agreements to establish vessel traffic services in appropriate areas of the high seas. “(c) Operations.— The Secretary, pursuant to any agreement negotiated under subsection (b) that is binding upon the United States in accordance with constitutional requirements, may— “(1) require vessels operating in an area of a vessel traffic service to utilize or to comply with the vessel traffic service, including the carrying or installation of equipment and devices as necessary for the use of the service; and “(2) waive, by order or regulation, the application of any United States law or regulation concerning the design, construction, operation, equipment, personnel qualifications, and manning standards for vessels operating in waters over which the United States exercises jurisdiction if such vessel is not en route to or from a United States port or place, and if vessels en route to or from a United States port or place are accorded equivalent waivers of laws and regulations of the neighboring nation, when operating in waters over which that nation exercises jurisdiction. “(d) Ship Reporting Systems.— The Secretary, in cooperation with the International Maritime Organization, may implement and enforce two mandatory ship reporting systems, consistent with international law, with respect to vessels subject to such reporting systems entering the following areas of the Atlantic Ocean: “(1) Cape Cod Bay, Massachusetts Bay, and Great South Channel (in the area generally bounded by a line starting from a point on Cape Ann, Massachusetts at 42 deg. 39′ N., 70 deg. 37′ W; then northeast to 42 deg. 45′ N., 70 deg. 13′ W; then southeast to 42 deg. 10′ N., 68 deg. 31′ W, then south to 41 deg. 00′ N., 68 deg. 31′ W; then west to 41 deg. 00′ N., 69 deg. 17′ W; then northeast to 42 deg. 05′ N., 70 deg. 02′ W, then west to 42 deg. 04′ N., 70 deg. 10′ W; and then along the Massachusetts shoreline of Cape Cod Bay and Massachusetts Bay back to the point on Cape Ann at 42 deg. 39′ N., 70 deg. 37′ W). “(2) In the coastal waters of the Southeastern United States within about 25 nm along a 90 nm stretch of the Atlantic seaboard (in an area generally extending from the shoreline east to longitude 80 deg. 51.6′ W with the southern and northern boundary at latitudes 30 deg. 00′ N., 31 deg. 27′ N., respectively). “SUBCHAPTER II— PORTS AND WATERWAYS SAFETY “§ 70011. Waterfront safety “(a) In General.— The Secretary may take such action as is necessary to— “(1) prevent damage to, or the destruction of, any bridge or other structure on or in the navigable waters of the United States, or any land structure or shore area immediately adjacent to such waters; and “(2) protect the navigable waters and the resources therein from harm resulting from vessel or structure damage, destruction, or loss. “(b) Actions Authorized.— Actions authorized by subsection (a) include— “(1) establishing procedures, measures, and standards for the handling, loading, unloading, storage, stowage, and movement on a structure (including the emergency removal, control, and disposition) of explosives or other dangerous articles and substances, including oil or hazardous material as those terms are defined in section 2101; “(2) prescribing minimum safety equipment requirements for a structure to assure adequate protection from fire, explosion, natural disaster, and other serious accidents or casualties; “(3) establishing water or waterfront safety zones, or other measures, for limited, controlled, or conditional access and activity when necessary for the protection of any vessel, structure, waters, or shore area; and “(4) establishing procedures for examination to assure compliance with the requirements prescribed under this section. “(c) State Law.— Nothing in this section, with respect to structures, prohibits a State or political subdivision thereof from prescribing higher safety equipment requirements or safety standards than those that may be prescribed by regulations under this section. “§ 70012. Navigational hazards “(a) Reporting Procedure.— The Secretary shall establish a program to encourage fishermen and other vessel operators to report potential or existing navigational hazards involving pipelines to the Secretary through Coast Guard field offices. “(b) Secretary’s Response.— “(1) Notification by the operator of a pipeline.— Upon notification by the operator of a pipeline of a hazard to navigation with respect to that pipeline, the Secretary shall immediately notify Coast Guard headquarters, the Pipeline and Hazardous Materials Safety Administration, other affected Federal and State agencies, and vessel owners and operators in the pipeline’s vicinity. “(2) Notification by other persons.— Upon notification by any other person of a hazard or potential hazard to navigation with respect to a pipeline, the Secretary shall promptly determine whether a hazard exists, and if so shall immediately notify Coast Guard headquarters, the Pipeline and Hazardous Materials Safety Administration, other affected Federal and State agencies, vessel owners and operators in the pipeline’s vicinity, and the owner and operator of the pipeline. “(c) Pipeline Defined.— For purposes of this section, the term ‘pipeline’ has the meaning given the term ‘pipeline facility’ in section 60101(a)(18) of title 49. “§ 70013. Requirement to notify Coast Guard of release of objects into the navigable waters of the United States “(a) Requirement.— As soon as a person has knowledge of any release from a vessel or facility into the navigable waters of the United States of any object that creates an obstruction prohibited under section 10 of the Act of March 3, 1899, popularly known as the Rivers and Harbors Appropriations Act of 1899 (33 U.S.C. 403), such person shall notify the Secretary and the Secretary of the Army of such release. “(b) Restriction on Use of Notification.— Any notification provided by an individual in accordance with subsection (a) may not be used against such individual in any criminal case, except a prosecution for perjury or for giving a false statement. “SUBCHAPTER III— CONDITION FOR ENTRY INTO PORTS IN THE UNITED STATES “§ 70021. Conditions for entry to ports in the United States “(a) In General.— No vessel that is subject to chapter 37 shall operate in the navigable waters of the United States or transfer cargo or residue in any port or place under the jurisdiction of the United States, if such vessel— “(1) has a history of accidents, pollution incidents, or serious repair problems that, as determined by the Secretary, creates reason to believe that such vessel may be unsafe or may create a threat to the marine environment; “(2) fails to comply with any applicable regulation issued under section 70034, chapter 37, or any other applicable law or treaty; “(3) discharges oil or hazardous material in violation of any law of the United States or in a manner or quantities inconsistent with any treaty to which the United States is a party; “(4) does not comply with any applicable vessel traffic service requirements; “(5) is manned by one or more officers who are licensed by a certificating State that the Secretary has determined, pursuant to section 9101 of title 46, does not have standards for licensing and certification of seafarers that are comparable to or more stringent than United States standards or international standards that are accepted by the United States; “(6) is not manned in compliance with manning levels as determined by the Secretary to be necessary to insure the safe navigation of the vessel; or “(7) while underway, does not have at least one licensed deck officer on the navigation bridge who is capable of clearly understanding English. “(b) Exceptions.— “(1) In general.— The Secretary may allow provisional entry of a vessel that is not in compliance with subsection (a), if the owner or operator of such vessel proves, to the satisfaction of the Secretary, that such vessel is not unsafe or a threat to the marine environment, and if such entry is necessary for the safety of the vessel or persons aboard. “(2) Provisions not applicable.— Paragraphs (1), (2), (3), and (4) of subsection (a) of this section shall not apply to a vessel allowed provisional entry under paragraph (1) if the owner or operator of such vessel proves, to the satisfaction of the Secretary, that such vessel is no longer unsafe or a threat to the marine environment, and is no longer in violation of any applicable law, treaty, regulation, or condition, as appropriate. “SUBCHAPTER IV— DEFINITIONS, REGULATIONS, ENFORCEMENT, INVESTIGATORY POWERS, APPLICABILITY “§ 70031. Definitions   “As used in subchapters A through C and this subchapter, unless the context otherwise requires: “(1) The term ‘marine environment’ means— “(A) the navigable waters of the United States and the land and resources therein and thereunder; “(B) the waters and fishery resources of any area over which the United States asserts exclusive fishery management authority; “(C) the seabed and subsoil of the Outer Continental Shelf of the United States, the resources thereof, and the waters superjacent thereto; and “(D) the recreational, economic, and scenic values of such waters and resources. “(2) The term ‘Secretary’ means the Secretary of the department in which the Coast Guard is operating, except that such term means the Secretary of Transportation with respect to the application of this chapter to the Saint Lawrence Seaway. “(3) The term ‘navigable waters of the United States’ includes all waters of the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988. “§ 70032. Saint Lawrence Seaway   “The authority granted to the Secretary under sections 70001, 70002, 70003, 70004, and 70011 may not be delegated with respect to the Saint Lawrence Seaway to any agency other than the Saint Lawrence Seaway Development Corporation. Any other authority granted the Secretary under subchapters A through C and this subchapter shall be delegated by the Secretary to the Saint Lawrence Seaway Development Corporation to the extent the Secretary determines such delegation is necessary for the proper operation of the Saint Lawrence Seaway. “§ 70033. Limitation on application to foreign vessels   “Except pursuant to international treaty, convention, or agreement, to which the United States is a party, subchapters A through C and this subchapter shall not apply to any foreign vessel that is not destined for, or departing from, a port or place subject to the jurisdiction of the United States and that is in— “(1) innocent passage through the territorial sea of the United States; or “(2) transit through the navigable waters of the United States that form a part of an international strait. “§ 70034. Regulations “(a) In General.— In accordance with section 553 of title 5, the Secretary shall issue, and may from time to time amend or repeal, regulations necessary to implement subchapters A through C and this subchapter. “(b) Consultation.— In the exercise of the regulatory authority under subchapters A through C and this subchapter, the Secretary shall consult with, and receive and consider the views of all interested persons, including— “(1) interested Federal departments and agencies; “(2) officials of State and local governments; “(3) representatives of the maritime community; “(4) representatives of port and harbor authorities or associations; “(5) representatives of environmental groups; “(6) any other interested persons who are knowledgeable or experienced in dealing with problems involving vessel safety, port and waterways safety, and protection of the marine environment; and “(7) advisory committees consisting of all interested segments of the public when the establishment of such committees is considered necessary because the issues involved are highly complex or controversial. “§ 70035. Investigatory powers “(a) Secretary.— The Secretary may investigate any incident, accident, or act involving the loss or destruction of, or damage to, any structure subject to subchapters A through C and this subchapter, or that affects or may affect the safety or environmental quality of the ports, harbors, or navigable waters of the United States. “(b) Powers.— In an investigation under this section, the Secretary may issue subpoenas to require the attendance of witnesses and the production of documents or other evidence relating to such incident, accident, or act. If any person refuses to obey a subpoena, the Secretary may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compliance with the subpoena. Any district court of the United States may, in the case of refusal to obey a subpoena, issue an order requiring compliance with the subpoena, and failure to obey the order may be punished by the court as contempt. Witnesses may be paid fees for travel and attendance at rates not exceeding those allowed in a district court of the United States. “§ 70036. Enforcement “(a) Civil Penalty.— “(1) In general.— Any person who is found by the Secretary, after notice and an opportunity for a hearing, to have violated subchapters A through C or this subchapter or a regulation issued under subchapters A through C or this subchapter shall be liable to the United States for a civil penalty, not to exceed $25,000 for each violation. Each day of a continuing violation shall constitute a separate violation. The amount of such civil penalty shall be assessed by the Secretary, or the Secretary’s designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. “(2) Compromise, modification, or remission.— The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty that is subject to imposition or that has been imposed under this section. “(3) Failure to pay penalty.— If any person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General of the United States, for collection in any appropriate district court of the United States. “(b) Criminal Penalty.— “(1) Class d felony.— Any person who willfully and knowingly violates subchapters A through C or this subchapter or any regulation issued thereunder commits a class D felony. “(2) Class c felony.— Any person who, in the willful and knowing violation of subchapters A through C or this subchapter or of any regulation issued thereunder, uses a dangerous weapon, or engages in conduct that causes bodily injury or fear of imminent bodily injury to any officer authorized to enforce the provisions of such a subchapter or the regulations issued under such subchapter, commits a class C felony. “(c) In Rem Liability.— Any vessel that is used in violation of subchapters A, B, or C or this subchapter, or any regulations issued under such subchapter, shall be liable in rem for any civil penalty assessed pursuant to subsection (a) and may be proceeded against in the United States district court for any district in which such vessel may be found. “(d) Injunction.— The United States district courts shall have jurisdiction to restrain violations of subchapter A, B, or C or this subchapter or of regulations issued under such subchapter, for cause shown. “(e) Denial of Entry.— Except as provided in section 70021, the Secretary may, subject to recognized principles of international law, deny entry by any vessel that is not in compliance with subchapter A, B, or C or this subchapter or the regulations issued under such subchapter— “(1) into the navigable waters of the United States; or “(2) to any port or place under the jurisdiction of the United States. “(f) Withholding of Clearance.— “(1) In general.— If any owner, operator, or individual in charge of a vessel is liable for a penalty or fine under this section, or if reasonable cause exists to believe that the owner, operator, or individual in charge may be subject to a penalty or fine under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 60105 of title 46. “(2) Granting clearance refused or revoked.— Clearance refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.” .

2. 2021

   Elijah E. Cummings Coast Guard Authorization Act of 2020

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

   Amended · 46 U.S.C. § 70001

   Pub. L. 116–283 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to establishment of vessel traffic services, cooperative agreements, and limitation of liability for Coast Guard Vessel Traffic Service pilots and non-federal vessel traffic service operators, respectively

   Source evidence

   Code amendment note
   Pub. L. 116–283 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to establishment of vessel traffic services, cooperative agreements, and limitation of liability for Coast Guard Vessel Traffic Service pilots and non-federal vessel traffic service operators, respectively.

   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.” .

3. 2025

   Pub. L. 119–60 § 7321(b)(1)(A)(i) · 139 Stat. 1765

   Inserted · 46 U.S.C. § 70001(f)(3)(A)(vi)

   Pub. L. 119–60, § 7321(b)(1)(A)(i), inserted “ice cover,” after “weather,”

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (f)(3)(A)(vi). Pub. L. 119–60, § 7321(b)(1)(A)(i), inserted “ice cover,” after “weather,”.

4. 2025

   Pub. L. 119–60 § 7321(b)(1)(A)(ii) · 139 Stat. 1765

   Substituted · 46 U.S.C. § 70001(f)(3)(A)(vii)

   Pub. L. 119–60, § 7321(b)(1)(A)(ii), substituted “Weather data and information, in coordination with the Administrator of” for “Weather data, in coordination with”

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (f)(3)(A)(vii). Pub. L. 119–60, § 7321(b)(1)(A)(ii), substituted “Weather data and information, in coordination with the Administrator of” for “Weather data, in coordination with”.

5. 2025

   Pub. L. 119–60 § 7321(b)(1)(B)(i) · 139 Stat. 1765

   Inserted · 46 U.S.C. § 70001(j)(2)(A)(vi)

   Pub. L. 119–60, § 7321(b)(1)(B)(i), inserted “ice cover,” after “weather,”

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (j)(2)(A)(vi). Pub. L. 119–60, § 7321(b)(1)(B)(i), inserted “ice cover,” after “weather,”.

6. 2025

   Pub. L. 119–60 § 7321(b)(1)(B)(ii) · 139 Stat. 1765

   Substituted · 46 U.S.C. § 70001(j)(2)(A)(vii)

   Pub. L. 119–60, § 7321(b)(1)(B)(ii), substituted “Weather data and information, in coordination with the Administrator of” for “Weather data, in coordination with”

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (j)(2)(A)(vii). Pub. L. 119–60, § 7321(b)(1)(B)(ii), substituted “Weather data and information, in coordination with the Administrator of” for “Weather data, in coordination with”.

7. 2025

   Pub. L. 119–60 § 7701(e)(2)(C) · 139 Stat. 1765

   Redesignated · 46 U.S.C. § 70001(l)

   Pub. L. 119–60, § 7701(e)(2)(C), (D), transferred section 704 of Pub. L. 112–213 to this section and renumbered it as subsec. (l). Former subsec. (l) redesignated (m). See Codification note above

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (l). Pub. L. 119–60, § 7701(e)(2)(C), (D), transferred section 704 of Pub. L. 112–213 to this section and renumbered it as subsec. (l). Former subsec. (l) redesignated (m). See Codification note above.

8. 2025

   Pub. L. 119–60 § 7701(e)(1) · 139 Stat. 1765

   Redesignated · 46 U.S.C. § 70001(m); 46 U.S.C. § 70001(n)

   Pub. L. 119–60, § 7701(e)(1), redesignated subsecs. (l) and (m) as (m) and (n), respectively

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsecs. (m), (n). Pub. L. 119–60, § 7701(e)(1), redesignated subsecs. (l) and (m) as (m) and (n), respectively.

1 of 8 references resolved to an enrolled provision · 1 partial · 6 unresolved