§ 70105. Transportation worker identification credentials

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. 2002

   Maritime Transportation Security Act of 2002

   Pub. L. 107–295 title I § 102(a) · 116 Stat. 2064

   Enacted · 46 U.S.C. § 70105

   Added Pub. L. 107–295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2073

   Source evidence

   Code source credit
   Added Pub. L. 107–295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2073

   Enacted provision · exact public law section
   (a) In General.— Title 46, United States Code, is amended by adding at the end the following new subtitle: “Subtitle VI— Miscellaneous “Chap. Sec. “701. Port Security “CHAPTER 701— PORT SECURITY “Sec. “70101. Definitions “70102. United States facility and vessel vulnerability assessments. “70103. Maritime transportation security plans. “70104. Transportation security incident response. “70105. Transportation security cards. “70106. Maritime safety and security teams. “70107. Grants. “70108. Foreign port assessment. “70109. Notifying foreign authorities. “70110. Actions when foreign ports not maintaining effective antiterrorism measures. “70111. Enhanced crewmember identification. “70112. Maritime security advisory committees. “70113. Maritime intelligence. “70114. Automatic identification systems. “70115. Long-range vessel tracking system. “70116. Secure systems of transportation. “70117. Civil penalty. “§ 70101. Definitions “For the purpose of this chapter: “(1) The term ‘Area Maritime Transportation Security Plan’ means an Area Maritime Transportation Security Plan prepared under section 70103(b). “(2) The term facility’ means any structure or facility of any kind located in, on, under, or adjacent to any waters subject to the jurisdiction of the United States. “(3) The term “National Maritime Transportation Security Plan’ means the National Maritime Transportation Security Plan prepared and published under section 70103(a). “(4) The term ‘owner or operator’ means— “(A) in the case of a vessel, any person owning, operating, or chartering by demise, such vessel; and “(B) in the case of a facility, any person owning, leasing, or operating such facility. “(5) The term ‘Secretary’ means the Secretary of the department in which the Coast Guard is operating. “(6) The term “transportation security incident’ means a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area. “§ 70102. United States facility and vessel vulnerability assessments “(a) Initial Assessments.— The Secretary shall conduct an assessment of vessel types and United States facilities on or adjacent to the waters subject to the jurisdiction of the United States to identify those vessel types and United States facilities that pose a high risk of being involved in a transportation security incident. “(b) Facility and Vessel Assessments.— (1) Based on the information gathered under subsection (a) of this section, the Secretary shall conduct a detailed vulnerability assessment of the facilities and vessels that may be involved in a transportation security incident. The vulnerability assessment shall include the following: “(A) Identification and evaluation of critical assets and infrastructures. “(B) Identification of the threats to those assets and infrastructures. “(C) Identification of weaknesses in physical security, passenger and cargo security, structural integrity, protection systems, procedural policies, communications systems, transportation infrastructure, utilities, contingency response, and other areas as determined by the Secretary. “(2) Upon completion of an assessment under this subsection for a facility or vessel, the Secretary shall provide the owner or operator with a copy of the vulnerability assessment for that facility or vessel. “(3) The Secretary shall update each vulnerability assessment conducted under this section at least every 5 years. “(4) In lieu of conducting a facility or vessel vulnerability assessment under paragraph (1), the Secretary may accept an alternative assessment conducted by or on behalf of the owner or operator of the facility or vessel if the Secretary determines that the alternative assessment includes the matters required under paragraph (1). “§ 70103. Maritime transportation security plans “(a) National Maritime Transportation Security Plan.— (1) The Secretary shall prepare a National Maritime Transportation Security Plan for deterring and responding to a transportation security incident. “(2) The National Maritime Transportation Security Plan shall provide for efficient, coordinated, and effective action to deter and minimize damage from a transportation security incident, and shall include the following: “(A) Assignment of duties and responsibilities among Federal departments and agencies and coordination with State and local governmental agencies. “(B) Identification of security resources. “(C) Procedures and techniques to be employed in deterring a national transportation security incident. “(D) Establishment of procedures for the coordination of activities of— “(i) Coast Guard maritime security teams established under this chapter; and “(ii) Federal Maritime Security Coordinators required under this chapter. “(E) A system of surveillance and notice designed to safeguard against as well as ensure earliest possible notice of a transportation security incident and imminent threats of such a security incident to the appropriate State and Federal agencies. “(F) Establishment of criteria and procedures to ensure immediate and effective Federal identification of a transportation security incident, or the substantial threat of such a security incident. “(G) Designation of— “(i) areas for which Area Maritime Transportation Security Plans are required to be prepared under subsection (b); and “(ii) a Coast Guard official who shall be the Federal Maritime Security Coordinator for each such area. “(H) A risk-based system for evaluating the potential for violations of security zones designated by the Secretary on the waters subject to the jurisdiction of the United States. “(I) A recognition of certified systems of intermodal transportation. “(J) A plan for ensuring that the flow of cargo through United States ports is reestablished as efficiently and quickly as possible after a transportation security incident. “(3) The Secretary shall, as the Secretary considers advisable, revise or otherwise amend the National Maritime Transportation Security Plan. “(4) Actions by Federal agencies to deter and minimize damage from a transportation security incident shall, to the greatest extent possible, be in accordance with the National Maritime Transportation Security Plan. “(5) The Secretary shall inform vessel and facility owners or operators of the provisions in the National Transportation Security Plan that the Secretary considers necessary for security purposes. “(b) Area Maritime Transportation Security Plans.— (1) The Federal Maritime Security Coordinator designated under subsection (a)(2)(G) for an area shall— “(A) submit to the Secretary an Area Maritime Transportation Security Plan for the area; and “(B) solicit advice from the Area Security Advisory Committee required under this chapter, for the area to assure preplanning of joint deterrence efforts, including appropriate procedures for deterrence of a transportation security incident. “(2) The Area Maritime Transportation Security Plan for an area shall— “(A) when implemented in conjunction with the National Maritime Transportation Security Plan, be adequate to deter a transportation security incident in or near the area to the maximum extent practicable; “(B) describe the area and infrastructure covered by the plan, including the areas of population or special economic, environmental, or national security importance that might be damaged by a transportation security incident; “(C) describe in detail how the plan is integrated with other Area Maritime Transportation Security Plans, and with facility security plans and vessel security plans under this section; “(D) include consultation and coordination with the Department of Defense on matters relating to Department of Defense facilities and vessels; “(E) include any other information the Secretary requires; and “(F) be updated at least every 5 years by the Federal Maritime Security Coordinator. “(3) The Secretary shall— “(A) review and approve Area Maritime Transportation Security Plans under this subsection; and “(B) periodically review previously approved Area Maritime Transportation Security Plans. “(4) In security zones designated by the Secretary in each Area Maritime Transportation Security Plan, the Secretary shall consider— “(A) the use of public/private partnerships to enforce security within the security zones, shoreside protection alternatives, and the environmental, public safety, and relative effectiveness of such alternatives; and “(B) technological means of enhancing the security zones of port, territorial waters, and waterways of the United States. “(c) Vessel and Facility Security Plans.— (1) Within 6 months after the prescription of interim final regulations on vessel and facility security plans, an owner or operator of a vessel or facility described in paragraph (2) shall prepare and submit to the Secretary a security plan for the vessel or facility, for deterring a transportation security incident to the maximum extent practicable. “(2) The vessels and facilities referred to in paragraph (1)— “(A) except as provided in subparagraph (B), are vessels and facilities that the Secretary believes may be involved in a transportation security incident; and “(B) do not include any vessel or facility owned or operated by the Department of Defense. “(3) A security plan required under this subsection shall— “(A) be consistent with the requirements of the National Maritime Transportation Security Plan and Area Maritime Transportation Security Plans; “(B) identify the qualified individual having full authority to implement security actions, and require immediate communications between that individual and the appropriate Federal official and the persons providing personnel and equipment pursuant to subparagraph (C); “(C) include provisions for— “(i) establishing and maintaining physical security, passenger and cargo security, and personnel security; “(ii) establishing and controlling access to secure areas of the vessel or facility; “(iii) procedural security policies; “(iv) communications systems; and “(v) other security systems; “(D) identify, and ensure by contract or other means approved by the Secretary, the availability of security measures necessary to deter to the maximum extent practicable a transportation security incident or a substantial threat of such a security incident; “(E) describe the training, periodic unannounced drills, and security actions of persons on the vessel or at the facility, to be carried out under the plan to deter to the maximum extent practicable a transportation security incident, or a substantial threat of such a security incident; “(F) be updated at least every 5 years; and “(G) be resubmitted for approval of each change to the vessel or facility that may substantially affect the security of the vessel or facility. “(4) The Secretary shall— “(A) promptly review each such plan; “(B) require amendments to any plan that does not meet the requirements of this subsection; “(C) approve any plan that meets the requirements of this subsection; and “(D) review each plan periodically thereafter. “(5) A vessel or facility for which a plan is required to be submitted under this subsection may not operate after the end of the 12-month period beginning on the date of the prescription of interim final regulations on vessel and facility security plans, unless— “(A) the plan has been approved by the Secretary; and “(B) the vessel or facility is operating in compliance with the plan. “(6) Notwithstanding paragraph (5), the Secretary may authorize a vessel or facility to operate without a security plan approved under this subsection, until not later than 1 year after the date of the submission to the Secretary of a plan for the vessel or facility, if the owner or operator of the vessel or facility certifies that the owner or operator has ensured by contract or other means approved by the Secretary to deter to the maximum extent practicable a transportation security incident or a substantial threat of such a security incident. “(7) The Secretary shall require each owner or operator of a vessel or facility located within or adjacent to waters subject to the jurisdiction of the United States to implement any necessary interim security measures, including cargo security programs, to deter to the maximum extent practicable a transportation security incident until the security plan for that vessel or facility operator is approved. “(d) Nondisclosure of Information.— Notwithstanding any other provision of law, information developed under this chapter is not required to be disclosed to the public, including— “(1) facility security plans, vessel security plans, and port vulnerability assessments; and “(2) other information related to security plans, procedures, or programs for vessels or facilities authorized under this chapter. “§ 70104. Transportation security incident response “(a) Facility and Vessel Response Plans.— The Secretary shall— “(1) establish security incident response plans for vessels and facilities that may be involved in a transportation security incident; and “(2) make those plans available to the Director of the Federal Emergency Management Agency for inclusion in the Director’s response plan for United States ports and waterways. “(b) Contents.— Response plans developed under subsection (a) shall provide a comprehensive response to an emergency, including notifying and coordinating with local, State, and Federal authorities, including the Director of the Federal Emergency Management Agency, securing the facility or vessel, and evacuating facility and vessel personnel. “(c) Inclusion in Security Plan.— A response plan required under this subsection for a vessel or facility may be included in the security plan prepared under section 70103(c). “§ 70105. Transportation security cards “(a) Prohibition.— (1) The Secretary shall prescribe regulations Regulations. to prevent an individual from entering an area of a vessel or facility that is designated as a secure area by the Secretary for purposes of a security plan for the vessel or facility that is approved by the Secretary under section 70103 of this title unless the individual— “(A) holds a transportation security card issued under this section and is authorized to be in the area in accordance with the plan; or “(B) is accompanied by another individual who holds a transportation security card issued under this section and is authorized to be in the area in accordance with the plan. “(2) A person shall not admit an individual into such a secure area unless the entry of the individual into the area is in compliance with paragraph (1). “(b) Issuance of Cards.— (1) The Secretary shall issue a biometric transportation security card to an individual specified in paragraph (2), unless the Secretary decides that the individual poses a security risk under subsection (c) warranting denial of the card. “(2) This subsection applies to— “(A) an individual allowed unescorted access to a secure area designated in a vessel or facility security plan approved under section 70103 of this title; “(B) an individual issued a license, certificate of registry, or merchant mariners document under part E of subtitle II of this title; “(C) a vessel pilot; “(D) an individual engaged on a towing vessel that pushes, pulls, or hauls alongside a tank vessel; “(E) an individual with access to security sensitive information as determined by the Secretary; and “(F) other individuals engaged in port security activities as determined by the Secretary. “(c) Determination of Terrorism Security Risk.— (1) An individual may not be denied a transportation security card under subsection (b) unless the Secretary determines that individual— “(A) has been convicted within the preceding 7-year period of a felony or found not guilty by reason of insanity of a felony— “(i) that the Secretary believes could cause the individual to be a terrorism security risk to the United States; or “(ii) for causing a severe transportation security incident; “(B) has been released from incarceration within the preceding 5-year period for committing a felony described in subparagraph (A); “(C) may be denied admission to the United States or removed from the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or “(D) otherwise poses a terrorism security risk to the United States. “(2) The Secretary shall prescribe regulations that establish a waiver process for issuing a transportation security card to an individual found to be otherwise ineligible for such a card under paragraph (1). In deciding to issue a card to such an individual, the Secretary shall— “(A) give consideration to the circumstances of any disqualifying act or offense, restitution made by the individual, Federal and State mitigation remedies, and other factors from which it may be concluded that the individual does not pose a terrorism risk warranting denial of the card; and “(B) issue a waiver to an individual without regard to whether that individual would otherwise be disqualified if the individual’s employer establishes alternate security arrangements acceptable to the Secretary. “(3) The Secretary shall establish an appeals process under this section for individuals found to be ineligible for a transportation security card that includes notice and an opportunity for a hearing. “(4) Upon application, the Secretary may issue a transportation security card to an individual if the Secretary has previously determined, under section 5103a of title 49, that the individual does not pose a security risk. “(d) Background Records Check.— (1) On request of the Secretary, the Attorney General shall— “(A) conduct a background records check regarding the individual; and “(B) upon completing the background records check, notify the Secretary of the completion and results of the background records check. “(2) A background records check regarding an individual under this subsection shall consist of the following: “(A) A check of the relevant criminal history databases. “(B) In the case of an alien, a check of the relevant databases to determine the status of the alien under the immigration laws of the United States. “(C) As appropriate, a check of the relevant international databases or other appropriate means. “(D) Review of any other national security-related information or database identified by the Attorney General for purposes of such a background records check. “(e) Restrictions on Use and Maintenance of Information.— (1) Information obtained by the Attorney General or the Secretary under this section may not be made available to the public, including the individual’s employer. “(2) Any information constituting grounds for denial of a transportation security card under this section shall be maintained confidentially by the Secretary and may be used only for making determinations under this section. The Secretary may share any such information with other Federal law enforcement agencies. An individual’s employer may only be informed of whether or not the individual has been issued the card under this section. “(f) Definition.— In this section, the term ‘alien’ has the meaning given the term in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).”. “§ 70106. Maritime safety and security teams “(a) In General.— To enhance the domestic maritime security capability of the United States, the Secretary shall establish such maritime safety and security teams as are needed to safeguard the public and protect vessels, harbors, ports, facilities, and cargo in waters subject to the jurisdiction of the United States from destruction, loss or injury from crime, or sabotage due to terrorist activity, and to respond to such activity in accordance with the transportation security plans developed under section 70103. “(b) Mission.— Each maritime safety and security team shall be trained, equipped, and capable of being employed to— “(1) deter, protect against, and rapidly respond to threats of maritime terrorism; “(2) enforce moving or fixed safety or security zones established pursuant to law; “(3) conduct high speed intercepts; “(4) board, search, and seize any article or thing on or at, respectively, a vessel or facility found to present a risk to the vessel or facility, or to a port; “(5) rapidly deploy to supplement United States armed forces domestically or overseas; “(6) respond to criminal or terrorist acts within a port so as to minimize, insofar as possible, the disruption caused by such acts; “(7) assist with facility vulnerability assessments required under this chapter; and “(8) carry out other security missions as are assigned to it by the Secretary. “(c) Coordination With Other Agencies.— To the maximum extent feasible, each maritime safety and security team shall coordinate its activities with other Federal, State, and local law enforcement and emergency response agencies. “§ 70107. Grants “(a) In General.— The Secretary of Transportation, acting through the Maritime Administrator, shall establish a grant program for making a fair and equitable allocation among port authorities, facility operators, and State and local agencies required to provide security services of funds to implement Area Maritime Transportation Security Plans and facility security plans. The program shall take into account national economic and strategic defense considerations. “(b) Eligible Costs.— The following costs of funding the correction of Coast Guard identified vulnerabilities in port security and ensuring compliance with Area Maritime Transportation Security Plans and facility security plans are eligible to be funded: “(1) Salary, benefits, overtime compensation, retirement contributions, and other costs of additional Coast Guard mandated security personnel. “(2) The cost of acquisition, operation, and maintenance of security equipment or facilities to be used for security monitoring and recording, security gates and fencing, marine barriers for designated security zones, security-related lighting systems, remote surveillance, concealed video systems, security vessels, and other security-related infrastructure or equipment that contributes to the overall security of passengers, cargo, or crewmembers. “(3) The cost of screening equipment, including equipment that detects weapons of mass destruction and conventional explosives, and of testing and evaluating such equipment, to certify secure systems of transportation. “(4) The cost of conducting vulnerability assessments to evaluate and make recommendations with respect to security. “(c) Matching Requirements.— “(1) 75-percent federal funding.— Except as provided in paragraph (2), Federal funds for any eligible project under this section shall not exceed 75 percent of the total cost of such project. “(2) Exceptions.— “(A) Small projects.— There are no matching requirements for grants under subsection (a) for projects costing not more than $25,000. “(B) Higher level of support required.— If the Secretary of Transportation determines that a proposed project merits support and cannot be undertaken without a higher rate of Federal support, then the Secretary may approve grants under this section with a matching requirement other than that specified in paragraph (1). “(d) Coordination and Cooperation Agreements.— The Secretary of Transportation shall ensure that projects paid for, or the costs of which are reimbursed, under this section within any area or port are coordinated with other projects, and may require cooperative agreements among users of the port and port facilities with respect to projects funded under this section. “(e) Administration.— “(1) In general.— The program shall require eligible port authorities, facility operators, and State and local agencies required to provide security services, to submit an application, at such time, in such form, and containing such information and assurances as the Secretary of Transportation may require, and shall include appropriate application, review, and delivery mechanisms. “(2) Minimum standards for payment or reimbursement.— Each application for payment or reimbursement of eligible costs shall include, at a minimum, the following: “(A) A copy of the applicable Area Maritime Transportation Security Plan or facility security plan. “(B) A comprehensive description of the need for the project, and a statement of the project’s relationship to the applicable Area Maritime Transportation Security Plan or facility security plan. “(C) A determination by the Captain of the Port that the security project addresses or corrects Coast Guard identified vulnerabilities in security and ensures compliance with Area Maritime Transportation Security Plans and facility security plans. “(3) Procedural safeguards.— The Secretary of Transportation shall by regulation establish appropriate accounting, reporting, and review procedures to ensure that amounts paid or reimbursed under this section are used for the purposes for which they were made available, all expenditures are properly accounted for, and amounts not used for such purposes and amounts not obligated or expended are recovered. “(4) Project approval required.— The Secretary of Transportation may approve an application for the payment or reimbursement of costs under this section only if the Secretary of Transportation is satisfied that— “(A) the project is consistent with Coast Guard vulnerability assessments and ensures compliance with Area Maritime Transportation Security Plans and facility security plans; “(B) enough money is available to pay the project costs that will not be reimbursed by the United States Government under this section; “(C) the project will be completed without unreasonable delay; and “(D) the recipient has authority to carry out the project as proposed. “(f) Audits and Examinations.— A recipient of amounts made available under this section shall keep such records as the Secretary of Transportation may require, and make them available for review and audit by the Secretary of Transportation, the Comptroller General of the United States, or the Inspector General of the Department of Transportation. “(g) Reports on Security Funding and Compliance.— “(1) Initial report.— Within 6 months after the date of enactment of this Act, the Secretary of Transportation shall transmit an unclassified report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure, that— “(A) includes a funding proposal and rationale to fund the correction of Coast Guard identified vulnerabilities in port security and to help ensure compliance with Area Maritime Transportation Security Plans and facility security plans for fiscal years 2003 through 2008; and “(B) includes projected funding proposals for fiscal years 2003 through 2008 for the following security programs: “(i) The Sea Marshall program. “(ii) The Automated Identification System and a system of polling vessels on entry into United States waters. “(iii) The maritime intelligence requirements in this Act. “(iv) The issuance of transportation security cards required by section 70105. “(v) The program of certifying secure systems of transportation. “(2) Other expenditures.— The Secretary of Transportation shall, as part of the report required by paragraph (1) report, in coordination with the Commissioner of Customs, on projected expenditures of screening and detection equipment and on cargo security programs over fiscal years 2003 through 2008. “(3) Annual reports.— Annually, beginning 1 year after transmittal of the report required by paragraph (1) until October 1, 2009, the Secretary of Transportation shall transmit an unclassified annual report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure, on progress in achieving compliance with the correction of Coast Guard identified vulnerabilities in port security and compliance with Area Maritime Transportation Security Plans and facility security plans that— “(A) identifies any modifications necessary in funding to ensure the correction of Coast Guard identified vulnerabilities and ensure compliance with Area Maritime Transportation Security Plans and facility security plans; “(B) includes an assessment of progress in implementing the grant program established by subsection (a); “(C) includes any recommendations the Secretary may make to improve these programs; and “(D) with respect to a port selected by the Secretary of Transportation, describes progress and enhancements of applicable Area Maritime Transportation Security Plans and facility security plans and how the Maritime Transportation Security Act of 2002 has improved security at that port. “(h) Authorization of Appropriations.— There are authorized to be appropriated to the Secretary of Transportation for each of fiscal years 2003 through 2008 such sums as are necessary to carry out subsections (a) through (g). “(i) Research and Development Grants for Port Security.— “(1) Authority.— The Secretary of Transportation is authorized to establish and administer a grant program for the support of research and development of technologies that can be used to secure the ports of the United States. The Secretary may award grants under the program to national laboratories, private nonprofit organizations, institutions of higher education, and other entities. The Secretary shall establish competitive procedures for awarding grants under the program and criteria for grant applications and eligibility. “(2) Use of funds.— Grants awarded pursuant to paragraph (1) shall be used to develop— “(A) methods to increase the ability of the Customs Service to inspect, or target for inspection, merchandise carried on any vessel that will arrive or has arrived at any port or place in the United States; “(B) equipment to accurately detect explosives, or chemical and biological agents, that could be used to commit terrorist acts against the United States; “(C) equipment to accurately detect nuclear materials, including scintillation-based detection equipment capable of attachment to spreaders to signal the presence of nuclear materials during the unloading of containers; “(D) improved tags and seals designed for use on shipping containers to track the transportation of the merchandise in such containers, including ‘smart sensors’ that are able to track a container throughout its entire supply chain, detect hazardous and radioactive materials within that container, and transmit such information to the appropriate authorities at a remote location; “(E) tools to mitigate the consequences of a terrorist act at a port of the United States, including a network of sensors to predict the dispersion of radiological, chemical, or biological agents that might be intentionally or accidentally released; or “(F) applications to apply existing technologies from other industries to increase overall port security. “(3) Administrative provisions.— “(A) No duplication of effort.— Before making any grant, the Secretary of Transportation shall coordinate with other Federal agencies to ensure the grant will not be used for research and development that is already being conducted with Federal funding. “(B) Accounting.— The Secretary of Transportation shall by regulation establish accounting, reporting, and review procedures to ensure that funds made available under paragraph (1) are used for the purpose for which they were made available, that all expenditures are properly accounted for, and that amounts not used for such purposes and amounts not expended are recovered. “(C) Recordkeeping.— Recipients of grants shall keep all records related to expenditures and obligations of funds provided under paragraph (1) and make them available upon request to the Inspector General of the Department of Transportation and the Secretary of Transportation for audit and examination. “(D) Annual review and report.— The Inspector General of the Department of Transportation shall annually review the program established under paragraph (1) to ensure that the expenditures and obligations of funds are consistent with the purposes for which they are provided and report the findings to Congress. “(4) Authorization of appropriations.— There is authorized to be appropriated $15,000,000 for each of the fiscal years 2003 through 2008 to carry out the provisions of this subsection. “§ 70108. Foreign port assessment “(a) In General.— The Secretary shall assess the effectiveness of the antiterrorism measures maintained at— “(1) a foreign port— “(A) served by vessels documented under chapter 121 of this title; or “(B) from which foreign vessels depart on a voyage to the United States; and “(2) any other foreign port the Secretary believes poses a security risk to international maritime commerce. “(b) Procedures.— In conducting an assessment under subsection (a), the Secretary shall assess the effectiveness of— “(1) screening of containerized and other cargo and baggage; “(2) security measures to restrict access to cargo, vessels, and dockside property to authorized personnel only; “(3) additional security on board vessels; “(4) licensing or certification of compliance with appropriate security standards; “(5) the security management program of the foreign port; and “(6) other appropriate measures to deter terrorism against the United States. “(c) Consultation.— In carrying out this section, the Secretary shall consult with— “(1) the Secretary of Defense and the Secretary of State— “(A) on the terrorist threat that exists in each country involved; and “(B) to identify foreign ports that pose a high risk of introducing terrorism to international maritime commerce; “(2) the Secretary of the Treasury; “(3) appropriate authorities of foreign governments; and “(4) operators of vessels. “§ 70109. Notifying foreign authorities “(a) In General.— If the Secretary, after conducting an assessment under section 70108, finds that a port in a foreign country does not maintain effective antiterrorism measures, the Secretary shall notify the appropriate authorities of the government of the foreign country of the finding and recommend the steps necessary to improve the antiterrorism measures in use at the port. “(b) Training Program.— The Secretary, in cooperation with the Secretary of State, shall operate a port security training program for ports in foreign countries that are found under section 70108 to lack effective antiterrorism measures. “§ 70110. Actions when foreign ports not maintaining effective antiterrorism measures “(a) In General.— If the Secretary finds that a foreign port does not maintain effective antiterrorism measures, the Secretary— “(1) may prescribe conditions of entry into the United States for any vessel arriving from that port, or any vessel carrying cargo or passengers originating from or transshipped through that port; “(2) may deny entry into the United States to any vessel that does not meet such conditions; and “(3) shall provide public notice for passengers of the ineffective antiterrorism measures. “(b) Effective Date for Sanctions.— Any action taken by the Secretary under subsection (a) for a particular port shall take effect— “(1) 90 days after the government of the foreign country with jurisdiction over or control of that port is notified under section 70109 unless the Secretary finds that the government has brought the antiterrorism measures at the port up to the security level the Secretary used in making an assessment under section 70108 before the end of that 90-day period; or “(2) immediately upon the finding of the Secretary under subsection (a) if the Secretary finds, after consulting with the Secretary of State, that a condition exists that threatens the safety or security of passengers, vessels, or crew traveling to or from the port. “(c) State Department To Be Notified.—The Secretary immediately shall notify the Secretary of State of a finding that a port does not maintain effective antiterrorism measures. “(d) Action Canceled.— An action required under this section is no longer required if the Secretary decides that effective antiterrorism measures are maintained at the port. “§ 70111. Enhanced crewmember identification “(a) Requirement.— The Secretary, in consultation with the Attorney General and the Secretary of State, shall require crewmembers on vessels calling at United States ports to carry and present on demand any identification that the Secretary decides is necessary. “(b) Forms and Process.— The Secretary, in consultation with the Attorney General and the Secretary of State, shall establish the proper forms and process that shall be used for identification and verification of crewmembers. “§ 70112. Maritime Security Advisory Committees “(a) Establishment of Committees.— (1) The Secretary shall establish a National Maritime Security Advisory Committee. The Committee— “(A) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to national maritime security matters; “(B) may make available to the Congress recommendations that the Committee makes to the Secretary; and “(C) shall meet at the call of— “(i) the Secretary, who shall call such a meeting at least once during each calendar year; or “(ii) a majority of the Committee. “(2) (A) The Secretary may— “(i) establish an Area Maritime Security Advisory Committee for any port area of the United States; and “(ii) request such a committee to review the proposed Area Maritime Transportation Security Plan developed under section 70103(b) and make recommendations to the Secretary that the Committee considers appropriate. “(B) A committee established under this paragraph for an area— “(i) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to maritime security in that area; “(ii) may make available to the Congress recommendations that the committee makes to the Secretary; and “(iii) shall meet at the call of— “(I) the Secretary, who shall call such a meeting at least once during each calendar year; or “(II) a majority of the committee. “(b) Membership.— (1) Each of the committees established under subsection (a) shall consist of not less than 7 members appointed by the Secretary, each of whom has at least 5 years practical experience in maritime security operations. “(2) The term of each member shall be for a period of not more than 5 years, specified by the Secretary. “(3) Before appointing an individual to a position on such a committee, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the committee. “(4) The Secretary may require an individual to have passed an appropriate security background examination before appointment to the Committee. “(c) Chairperson and Vice Chairperson.— (1) Each committee established under subsection (a) shall elect 1 of its members as the Chairman and 1 of its members as the Vice Chairperson. “(2) The Vice Chairman shall act as Chairman in the absence or incapacity of the Chairman, or in the event of a vacancy in the office of the Chairman. “(d) Observers.— (1) The Secretary shall, and the head of any other interested Federal agency may, designate a representative to participate as an observer with the Committee. “(2) The Secretary’s designated representative shall act as the executive secretary of the Committee and shall perform the duties set forth in section 10(c) of the Federal Advisory Committee Act (5 U.S.C. App.). “(e) Consideration of Views.— The Secretary shall consider the information, advice, and recommendations of the Committee in formulating policy regarding matters affecting maritime security. “(f) Compensation and Expenses.— (1) A member of a committee established under this section, when attending meetings of the committee or when otherwise engaged in the business of the committee, is entitled to receive— “(A) compensation at a rate fixed by the Secretary, not exceeding the daily equivalent of the current rate of basic pay in effect for GS-15 of the General Schedule under section 5332 of title 5 including travel time; and “(B) travel or transportation expenses under section 5703 of title 5. “(2) A member of such a committee shall not be considered to be an officer or employee of the United States for any purpose based on their receipt of any payment under this subsection. “(g) FACA; Termination.— (1) The Federal Advisory Committee Act (5 U.S.C. App.)— “(A) applies to the National Maritime Security Advisory Committee established under this section, except that such committee terminates on September 30, 2008; and “(B) does not apply to Area Maritime Security Advisory Committees established under this section. “(2) Not later than September 30, 2006, each committee established under this section shall submit to the Congress its recommendation regarding whether the committee should be renewed and continued beyond the termination date. “§ 70113. Maritime intelligence “(a) In General.— The Secretary shall implement a system to collect, integrate, and analyze information concerning vessels operating on or bound for waters subject to the jurisdiction of the United States, including information related to crew, passengers, cargo, and intermodal shipments. “(b) Consultation.— In developing the information system under subsection (a), the Secretary shall consult with the Transportation Security Oversight Board and other departments and agencies, as appropriate. “(c) Information Integration.— To deter a transportation security incident, the Secretary may collect information from public and private entities to the extent that the information is not provided by other Federal departments and agencies. “§ 70114. Automatic identification systems “(a) System Requirements.— (1) Subject to paragraph (2), the following vessels, while operating on the navigable waters of the United States, shall be equipped with and operate an automatic identification system under regulations prescribed by the Secretary: “(A) A self-propelled commercial vessel of at least 65 feet overall in 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 overall in length and 600 horsepower. “(D) Any other vessel for which the Secretary decides that an automatic identification system is necessary for the safe navigation of the vessel. “(2) The Secretary may— “(A) exempt a vessel from paragraph (1) if the Secretary finds that an automatic identification system is not necessary for the safe navigation of the vessel on the waters on which the vessel operates; and “(B) waive the application of paragraph (1) with respect to operation of vessels on navigable waters of the United States specified by the Secretary if the Secretary finds that automatic identification systems are not needed for safe navigation on those waters. “(b) Regulations.— The Secretary shall prescribe regulations implementing subsection (a), including requirements for the operation and maintenance of the automatic identification systems required under subsection (a). “§ 70115. Long-range vessel tracking system “The Secretary may develop and implement a long-range automated vessel tracking system for all vessels in United States waters that are equipped with the Global Maritime Distress and Safety System or equivalent satellite technology. The system shall be designed to provide the Secretary the capability of receiving information on vessel positions at interval positions appropriate to deter transportation security incidents. The Secretary may use existing maritime organizations to collect and monitor tracking information under the system. “§ 70116. Secure systems of transportation “(a) In General.— The Secretary, in consultation with the Transportation Security Oversight Board, shall establish a program to evaluate and certify secure systems of international intermodal transportation. “(b) Elements of Program.— The program shall include— “(1) establishing standards and procedures for screening and evaluating cargo prior to loading in a foreign port for shipment to the United States either directly or via a foreign port; “(2) establishing standards and procedures for securing cargo and monitoring that security while in transit; “(3) developing performance standards to enhance the physical security of shipping containers, including standards for seals and locks; “(4) establishing standards and procedures for allowing the United States Government to ensure and validate compliance with this program; and “(5) any other measures the Secretary considers necessary to ensure the security and integrity of international intermodal transport movements. “§ 70117. Civil penalty “Any person that violates this chapter or any regulation under this chapter shall be liable to the United States for a civil penalty of not more than $25,000 for each violation.”.

2. 2006

   Coast Guard and Maritime Transportation Act of 2006

   Pub. L. 109–241 title III § 309 · 120 Stat. 516

   1. Added · 46 U.S.C. § 70105(c)(3)(5)

      Pub. L. 109–241 added par. (3)

   2. Redesignated · 46 U.S.C. § 70105(c)(3)(5)

      Pub. L. 109–241 redesignated former pars. (3) and (4) as (4) and (5), respectively

   Source evidence

   Code amendment note
   Subsec. (c)(3) to (5). Pub. L. 109–241 added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.

   Enacted provision · exact public law section
   SEC. 309. DETERMINATION OF THE SECRETARY.   Section 70105(c) of title 46, United States Code, is amended— (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following: “(3) Denial of waiver review.— “(A) In general.— The Secretary shall establish a review process before an administrative law judge for individuals denied a waiver under paragraph (2). “(B) Scope of review.— In conducting a review under the process established pursuant to subparagraph (A), the administrative law judge shall be governed by the standards of section 706 of title 5. Applicability. The substantial evidence standard in section 706(2)(E) of title 5 shall apply whether or not there has been an agency hearing. The judge shall review all facts on the record of the agency. “(C) Classified evidence.— The Regulations. Procedures. Secretary, in consultation with the National Intelligence Director, shall issue regulations to establish procedures by which the Secretary, as part of a review conducted under this paragraph, may provide to the individual adversely affected by the determination an unclassified summary of classified evidence upon which the denial of a waiver by the Secretary was based. “(D) Review of classified evidence by administrative law judge.— “(i) Review.— As part of a review conducted under this section, if the decision of the Secretary was based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)), such information may be submitted by the Secretary to the reviewing administrative law judge, pursuant to appropriate security procedures, and shall be reviewed by the administrative law judge ex parte and in camera. “(ii) Security clearances.— Pursuant to existing procedures and requirements, the Secretary, in coordination (as necessary) with the heads of other affected departments or agencies, shall ensure that administrative law judges reviewing negative waiver decisions of the Secretary under this paragraph possess security clearances appropriate for such review. “(iii) Unclassified summaries of classified evidence.— As part of a review conducted under this paragraph and upon the request of the individual adversely affected by the decision of the Secretary not to grant a waiver, the Secretary shall provide to the individual and reviewing administrative law judge, consistent with the procedures established under clause (i), an unclassified summary of any classified information upon which the decision of the Secretary was based. “(E) New evidence.— The Secretary shall establish a process under which an individual may submit a new request for a waiver, notwithstanding confirmation by the administrative law judge of the Secretary’s initial denial of the waiver, if the request is supported by substantial evidence that was not available to the Secretary at the time the initial waiver request was denied.” .

3. 2006

   Security and Accountability For Every Port Act of 2006

   Pub. L. 109–347 § 104(b)(1) · 120 Stat. 1884

   Added · 46 U.S.C. § 70105(b)(2)(G)

   Pub. L. 109–347, § 104(b)(1), added subpar. (G)

   Source evidence

   Code amendment note
   Subsec. (b)(2)(G). Pub. L. 109–347, § 104(b)(1), added subpar. (G).

   Enacted provision · exact public law section
   (1) in subsection (b)(2)— (A) in subparagraph (E), by striking “and” at the end; (B) in subparagraph (F), by striking the period at the end and inserting “; and”; and (C) by adding at the end the following: “(G) other individuals as determined appropriate by the Secretary including individuals employed at a port not otherwise covered by this subsection.” ; and

4. 2006

   Security and Accountability For Every Port Act of 2006

   Pub. L. 109–347 § 104(b)(2) · 120 Stat. 1884

   Inserted · 46 U.S.C. § 70105(c)(2)

   Pub. L. 109–347, § 104(b)(2), inserted “subparagraph (A), (B), or (D)” before “paragraph (1)”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 109–347, § 104(b)(2), inserted “subparagraph (A), (B), or (D)” before “paragraph (1)”.

   Enacted provision · exact public law section
   (2) in subsection (c)(2), by inserting “subparagraph (A), (B), or (D)” before “paragraph (1)”.

5. 2006

   Security and Accountability For Every Port Act of 2006

   Pub. L. 109–347 § 104(a) · 120 Stat. 1884

   Added · 46 U.S.C. § 70105(g)(m)

   Pub. L. 109–347, § 104(a), added subsecs. (g) to (m)

   Source evidence

   Code amendment note
   Subsecs. (g) to (m). Pub. L. 109–347, § 104(a), added subsecs. (g) to (m).

   Enacted provision · exact public law section
   (a) In General.— Section 70105 of title 46, United States Code, is amended by adding at the end the following: “(g) Applications for Merchant Mariners’ Documents.— The Assistant Secretary of Homeland Security for the Transportation Security Administration and the Commandant of the Coast Guard shall concurrently process an application from an individual for merchant mariner’s documents under chapter 73 of title 46, United States Code, and an application from that individual for a transportation security card under this section. “(h) Fees.— The Secretary shall ensure that the fees charged each individual applying for a transportation security card under this section who has passed a background check under section 5103a(d) of title 49, United States Code, and who has a current hazardous materials endorsement in accordance with section 1572 of title 49, Code of Federal Regulations, and each individual with a current merchant mariners’ document who has passed a criminal background check under section 7302(d)— “(1) are for costs associated with the issuance, production, and management of the transportation security card, as determined by the Secretary; and “(2) do not include costs associated with performing a background check for that individual, except for any incremental costs in the event that the scope of such background checks diverge. “(i) Implementation Schedule.— In implementing the transportation security card program under this section, the Secretary shall— “(1) establish a priority for each United States port based on risk, including vulnerabilities assessed under section 70102; and “(2) Deadlines. implement the program, based upon such risk and other factors as determined by the Secretary, at all facilities regulated under this chapter at— “(A) the 10 United States ports that the Secretary designates top priority not later than July 1, 2007; “(B) the 40 United States ports that are next in order of priority to the ports described in subparagraph (A) not later than January 1, 2008; and “(C) all other United States ports not later than January 1, 2009. “(j) Transportation Security Card Processing Deadline.— Not later than January 1, 2009, the Secretary shall process and issue or deny each application for a transportation security card under this section for individuals with current and valid merchant mariners’ documents on the date of the enactment of the SAFE Port Act. “(k) Deployment of Transportation Security Card Readers.— “(1) Pilot program.— “(A) In general.— The Secretary shall conduct a pilot program to test the business processes, technology, and operational impacts required to deploy transportation security card readers at secure areas of the marine transportation system. “(B) Geographic locations.— The pilot program shall take place at not fewer than 5 distinct geographic locations, to include vessels and facilities in a variety of environmental settings. “(C) Commencement.— The pilot program shall commence not later than 180 days after the date of the enactment of the SAFE Port Act. “(2) Correlation with transportation security cards.— “(A) In general.— The pilot program described in paragraph (1) shall be conducted concurrently with the issuance of the transportation security cards described in subsection (b) to ensure card and card reader interoperability. “(B) Fee.— An individual charged a fee for a transportation security card issued under this section may not be charged an additional fee if the Secretary determines different transportation security cards are needed based on the results of the pilot program described in paragraph (1) or for other reasons related to the technology requirements for the transportation security card program. “(3) Regulations.— Deadline. Notice. Public comment. Not later than 2 years after the commencement of the pilot program under paragraph (1)(C), the Secretary, after a notice and comment period that includes at least 1 public hearing, shall promulgate final regulations that require the deployment of transportation security card readers that are consistent with the findings of the pilot program and build upon the regulations prescribed under subsection (a). “(4) Report.— Not later than 120 days before the promulgation of regulations under paragraph (3), the Secretary shall submit a comprehensive report to the appropriate congressional committees (as defined in section 2(1) of SAFE Port Act) that includes— “(A) the findings of the pilot program with respect to technical and operational impacts of implementing a transportation security card reader system; “(B) any actions that may be necessary to ensure that all vessels and facilities to which this section applies are able to comply with such regulations; and “(C) an analysis of the viability of equipment under the extreme weather conditions of the marine environment. “(l) Progress Reports.— Not later than 6 months after the date of the enactment of the SAFE Port Act, and every 6 months thereafter until the requirements under this section are fully implemented, the Secretary shall submit a report on progress being made in implementing such requirements to the appropriate congressional committees (as defined in section 2(1) of the SAFE Port Act). “(m) Limitation.— The Secretary may not require the placement of an electronic reader for transportation security cards on a vessel unless— “(1) the vessel has more individuals on the crew that are required to have a transportation security card than the number the Secretary determines, by regulation issued under subsection (k)(3), warrants such a reader; or “(2) the Secretary determines that the vessel is at risk of a severe transportation security incident.” .

6. 2007

   Pub. L. 110–53 § 1309(a)(1) · 121 Stat. 266

   Substituted · 46 U.S.C. § 70105(b)(1)

   Pub. L. 110–53, § 1309(a)(1), substituted “determines under subsection (c) that the individual poses a security risk” for “decides that the individual poses a security risk under subsection (c)”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 110–53, § 1309(a)(1), substituted “determines under subsection (c) that the individual poses a security risk” for “decides that the individual poses a security risk under subsection (c)”.

   Enacted provision · exact public law section
   (1) in subsection (b)(1), by striking “decides that the individual poses a security risk under subsection (c)” and inserting “determines under subsection (c) that the individual poses a security risk”; and

7. 2007

   Pub. L. 110–53 § 1309(a)(2) · 121 Stat. 266

   1. Inserted · 46 U.S.C. § 70105(c)(1)

      Pub. L. 110–53, § 1309(a)(2), inserted heading

   2. Amended · 46 U.S.C. § 70105(c)(1)

      Pub. L. 110–53, § 1309(a)(2), amended text of par. (1) generally

   3. Substituted · 46 U.S.C. § 70105(c)(1)

      Pub. L. 110–53, § 1309(a)(2), substituting provisions relating to disqualifications, consisting of subpars. (A) to (E), for former provisions relating to when individuals may be denied transportation security cards, consisting of subpars. (A) to (D)

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 110–53, § 1309(a)(2), inserted heading and amended text of par. (1) generally, substituting provisions relating to disqualifications, consisting of subpars. (A) to (E), for former provisions relating to when individuals may be denied transportation security cards, consisting of subpars. (A) to (D).

   Enacted provision · exact public law section
   (2) in subsection (c), by amending paragraph (1) to read as follows: “(1) Disqualifications.— “(A) Permanent disqualifying criminal offenses.— Except as provided under paragraph (2), an individual is permanently disqualified from being issued a biometric transportation security card under subsection (b) if the individual has been convicted, or found not guilty by reason of insanity, in a civilian or military jurisdiction of any of the following felonies: “(i) Espionage or conspiracy to commit espionage. “(ii) Sedition or conspiracy to commit sedition. “(iii) Treason or conspiracy to commit treason. “(iv) A Federal crime of terrorism (as defined in section 2332b(g) of title 18), a crime under a comparable State law, or conspiracy to commit such crime. “(v) A crime involving a transportation security incident. “(vi) Improper transportation of a hazardous material in violation of section 5104(b) of title 49, or a comparable State law. “(vii) Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipment, transportation, delivery, import, export, or storage of, or dealing in, an explosive or explosive device. In this clause, an explosive or explosive device includes— “(I) an explosive (as defined in sections 232(5) and 844(j) of title 18); “(II) explosive materials (as defined in subsections (c) through (f) of section 841 of title 18); and “(III) a destructive device (as defined in 921(a)(4) of title 18 or section 5845(f) of the Internal Revenue Code of 1986). “(viii) Murder. “(ix) Making any threat, or maliciously conveying false information knowing the same to be false, concerning the deliverance, placement, or detonation of an explosive or other lethal device in or against a place of public use, a State or other government facility, a public transportation system, or an infrastructure facility. “(x) A violation of chapter 96 of title 18, popularly known as the Racketeer Influenced and Corrupt Organizations Act, or a comparable State law, if one of the predicate acts found by a jury or admitted by the defendant consists of one of the crimes listed in this subparagraph. “(xi) Attempt to commit any of the crimes listed in clauses (i) through (iv). “(xii) Conspiracy or attempt to commit any of the crimes described in clauses (v) through (x). “(B) Interim disqualifying criminal offenses.— Except as provided under paragraph (2), an individual is disqualified from being issued a biometric transportation security card under subsection (b) if the individual has been convicted, or found not guilty by reason of insanity, during the 7-year period ending on the date on which the individual applies for such card, or was released from incarceration during the 5-year period ending on the date on which the individual applies for such card, of any of the following felonies: “(i) Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipment, transportation, delivery, import, export, or storage of, or dealing in, a firearm or other weapon. In this clause, a firearm or other weapon includes— “(I) firearms (as defined in section 921(a)(3) of title 18 or section 5845(a) of the Internal Revenue Code of 1986); and “(II) items contained on the U.S. Munitions Import List under section 447.21 of title 27, Code of Federal Regulations. “(ii) Extortion. “(iii) Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering if the money laundering is related to a crime described in this subparagraph or subparagraph (A). In this clause, welfare fraud and passing bad checks do not constitute dishonesty, fraud, or misrepresentation. “(iv) Bribery. “(v) Smuggling. “(vi) Immigration violations. “(vii) Distribution of, possession with intent to distribute, or importation of a controlled substance. “(viii) Arson. “(ix) Kidnaping or hostage taking. “(x) Rape or aggravated sexual abuse. “(xi) Assault with intent to kill. “(xii) Robbery. “(xiii) Conspiracy or attempt to commit any of the crimes listed in this subparagraph. “(xiv) Fraudulent entry into a seaport in violation of section 1036 of title 18, or a comparable State law. “(xv) A violation of the chapter 96 of title 18, popularly known as the Racketeer Influenced and Corrupt Organizations Act or a comparable State law, other than any of the violations listed in subparagraph (A)(x). “(C) Under want, warrant, or indictment.— An applicant who is wanted, or under indictment, in any civilian or military jurisdiction for a felony listed in paragraph (1)(A), is disqualified from being issued a biometric transportation security card under subsection (b) until the want or warrant is released or the indictment is dismissed. “(D) Other potential disqualifications.— Except as provided under subparagraphs (A) through (C), an individual may not be denied a transportation security card under subsection (b) unless the Secretary determines that individual— “(i) has been convicted within the preceding 7-year period of a felony or found not guilty by reason of insanity of a felony— “(I) that the Secretary believes could cause the individual to be a terrorism security risk to the United States; or “(II) for causing a severe transportation security incident; “(ii) has been released from incarceration within the preceding 5-year period for committing a felony described in clause (i); “(iii) may be denied admission to the United States or removed from the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or “(iv) otherwise poses a terrorism security risk to the United States. “(E) Modification of listed offenses.— The Secretary may, by rulemaking, add to or modify the list of disqualifying crimes described in paragraph (1)(B).” .

8. 2010

   Coast Guard Authorization Act of 2010

   Pub. L. 111–281 § 809(1) · 124 Stat. 2905

   Inserted · 46 U.S.C. § 70105(b)(2)(B)

   Pub. L. 111–281, § 809(1), inserted “allowed unescorted access to a secure area designated in a vessel security plan approved under section 70103 of this title” after “subtitle II of this title”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(B). Pub. L. 111–281, § 809(1), inserted “allowed unescorted access to a secure area designated in a vessel security plan approved under section 70103 of this title” after “subtitle II of this title”.

   Enacted provision · exact public law section
   (1) in subparagraph (B), by inserting after “title” the following: “allowed unescorted access to a secure area designated in a vessel security plan approved under section 70103 of this title”; and

9. 2010

   Coast Guard Authorization Act of 2010

   Pub. L. 111–281 § 809(2) · 124 Stat. 2905

   Inserted · 46 U.S.C. § 70105(b)(2)(D)

   Pub. L. 111–281, § 809(2), inserted “allowed unescorted access to a secure area designated in a vessel security plan approved under section 70103 of this title” after “tank vessel”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(D). Pub. L. 111–281, § 809(2), inserted “allowed unescorted access to a secure area designated in a vessel security plan approved under section 70103 of this title” after “tank vessel”.

   Enacted provision · exact public law section
   (2) in subparagraph (D), by inserting after “tank vessel” the following: “allowed unescorted access to a secure area designated in a vessel security plan approved under section 70103 of this title”.

10. 2010

    Coast Guard Authorization Act of 2010

    Pub. L. 111–281 § 819 · 124 Stat. 2905

    1. Amended · 46 U.S.C. § 70105(b)(3)

       Pub. L. 111–281, § 819, as amended by Pub. L. 111–330

    2. Added · 46 U.S.C. § 70105(b)(3)

       Pub. L. 111–281, § 819, as added par. (3)

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 111–281, § 819, as amended by Pub. L. 111–330, added par. (3).

    Enacted provision · exact public law section
    SEC. 819. HARMONIZING SECURITY CARD EXPIRATIONS.   Section 70105(b) of title 46, United States Code, is amended by adding at the end the following new paragraph: “(6) The Secretary may extend for up to one year the expiration of a biometric transportation security card required by this section to align the expiration with the expiration of a license, certificate of registry, or merchant mariner document required under chapter 71 or 73.” .

11. 2010

    Coast Guard Authorization Act of 2010

    Pub. L. 111–281 § 903(c)(2) · 124 Stat. 2905

    Substituted · 46 U.S.C. § 70105(c)(3)(C)

    Pub. L. 111–281, § 903(c)(2), substituted “Director of National Intelligence” for “National Intelligence Director”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(C). Pub. L. 111–281, § 903(c)(2), substituted “Director of National Intelligence” for “National Intelligence Director”.

    Enacted provision · exact public law section
    (2) Section 70105(c)(3)(C) of such title is amended by striking “National Intelligence Director” and inserting “Director of National Intelligence”.

12. 2010

    Coast Guard Authorization Act of 2010

    Pub. L. 111–281 § 814 · 124 Stat. 2905

    Added · 46 U.S.C. § 70105(n)

    Pub. L. 111–281, § 814, added subsec. (n)

    Source evidence

    Code amendment note
    Subsec. (n). Pub. L. 111–281, § 814, added subsec. (n).

    Enacted provision · exact public law section
    SEC. 814. USE OF SECONDARY AUTHENTICATION FOR TRANSPORTATION SECURITY CARDS.   Section 70105 of title 46, United States Code, is amended by adding at the end the following new subsection: “(n) The Secretary may use a secondary authentication system to verify the identification of individuals using transportation security cards when the individual’s fingerprints are not able to be taken or read.” .

13. 2010

    Coast Guard Authorization Act of 2010

    Pub. L. 111–281 § 818(a) · 124 Stat. 2905

    Added · 46 U.S.C. § 70105(o); 46 U.S.C. § 70105(p)

    Pub. L. 111–281, § 818(a), added subsecs. (o) and (p)

    Source evidence

    Code amendment note
    Subsecs. (o), (p). Pub. L. 111–281, § 818(a), added subsecs. (o) and (p).

    Enacted provision · exact public law section
    (a) Access; Deadlines.— Section 70105 of title 46, United States Code, is further amended by adding at the end the following new subsections: “(o) Escorting.— The Secretary shall coordinate with owners and operators subject to this section to allow any individual who has a pending application for a transportation security card under this section or is waiting for reissuance of such card, including any individual whose card has been lost or stolen, and who needs to perform work in a secure or restricted area to have access to such area for that purpose through escorting of such individual in accordance with subsection (a)(1)(B) by another individual who holds a transportation security card. Nothing in this subsection shall be construed as requiring or compelling an owner or operator to provide escorted access. “(p) Processing Time.— The Secretary shall review an initial transportation security card application and respond to the applicant, as appropriate, including the mailing of an Initial Determination of Threat Assessment letter, within 30 days after receipt of the initial application. The Secretary shall, to the greatest extent practicable, review appeal and waiver requests submitted by a transportation security card applicant, and send a written decision or request for additional information required for the appeal or waiver determination, within 30 days after receipt of the applicant’s appeal or waiver written request. For an applicant that is required to submit additional information for an appeal or waiver determination, the Secretary shall send a written decision, to the greatest extent practicable, within 30 days after receipt of all requested information.” .

14. 2010

    Coast Guard Authorization Act of 2010

    Pub. L. 111–281 § 823 · 124 Stat. 2905

    Added · 46 U.S.C. § 70105(q)

    Pub. L. 111–281, § 823, added subsec. (q)

    Source evidence

    Code amendment note
    Subsec. (q). Pub. L. 111–281, § 823, added subsec. (q).

    Enacted provision · exact public law section
    SEC. 823. TRANSPORTATION SECURITY CARDS.   Section 70105 of title 46, United States Code, is further amended by adding at the end thereof the following: “(q) Receipt and Activation of Transportation Security Card.— “(1) In general.— Not later than one year after the date of publication of final regulations required by subsection (k)(3) of this section the Secretary shall develop a plan to permit the receipt and activation of transportation security cards at any vessel or facility described in subsection (a) of this section that desires to implement this capability. This plan shall comply, to the extent possible, with all appropriate requirements of Federal standards for personal identity verification and credential. “(2) Limitation.— The Secretary may not require any such vessel or facility to provide on-site activation capability.” .

15. 2016

    Coast Guard Authorization Act of 2015

    Pub. L. 114–120 § 306(a)(9)(A) · 130 Stat. 27

    1. Substituted · 46 U.S.C. § 70105(c)(1)(B)(xv)

       Pub. L. 114–120, § 306(a)(9)(A), substituted “18 (popularly” for “18, popularly”

    2. Substituted · 46 U.S.C. § 70105(c)(1)(B)(xv)

       Pub. L. 114–120, § 306(a)(9)(A), substituted “Act)” for “Act”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(B)(xv). Pub. L. 114–120, § 306(a)(9)(A), substituted “18 (popularly” for “18, popularly” and “Act)” for “Act”.

    Enacted provision · exact public law section
    (A) in paragraph (1)(B)(xv)— (i) by striking “18, popularly” and inserting “18 (popularly”; and (ii) by striking “Act” and inserting “Act)”; and

16. 2016

    Coast Guard Authorization Act of 2015

    Pub. L. 114–120 § 306(a)(9)(B) · 130 Stat. 27

    Substituted · 46 U.S.C. § 70105(c)(2)

    Pub. L. 114–120, § 306(a)(9)(B), substituted “(D) of paragraph” for “(D) paragraph” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 114–120, § 306(a)(9)(B), substituted “(D) of paragraph” for “(D) paragraph” in introductory provisions.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “(D) paragraph” and inserting “(D) of paragraph”;

17. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 3509(a)(1) · 130 Stat. 2000

    1. Added · 46 U.S.C. § 70105(b)(2)(G); 46 U.S.C. § 70105(b)(2)(H)

       Pub. L. 114–328, § 3509(a)(1), added subpar. (G)

    2. Redesignated · 46 U.S.C. § 70105(b)(2)(G); 46 U.S.C. § 70105(b)(2)(H)

       Pub. L. 114–328, § 3509(a)(1), redesignated former subpar. (G) as (H)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(G), (H). Pub. L. 114–328, § 3509(a)(1), added subpar. (G) and redesignated former subpar. (G) as (H).

    Enacted provision · exact public law section
    (1) in subsection (b)(2), by striking “and” after the semicolon at the end of subparagraph (F), by redesignating subparagraph (G) as subparagraph (H), and by inserting after subparagraph (F) the following: “(G) a member of the Armed Forces who— “(i) is undergoing separation, discharge, or release from the Armed Forces under honorable conditions; “(ii) applies for a transportation security card; and “(iii) is otherwise eligible for such a card; and” ; and

    Effective date note
    Pub. L. 114–328, div. C, title XXXV, § 3509(c), Dec. 23, 2016, 130 Stat. 2781, provided that: “Section 70105(j)(2) of title 46, United States Code, as amended by this section, shall apply to applications for transportation security cards submitted after the expiration of the 180-day period beginning on the date of the enactment of this Act [Dec. 23, 2016].”

18. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 3509(a)(2) · 130 Stat. 2000

    Amended · 46 U.S.C. § 70105(j)

    Pub. L. 114–328, § 3509(a)(2), amended subsec. (j) generally. Prior to amendment, text read as follows: “Not later than January 1, 2009, the Secretary shall process and issue or deny each application for a transportation security card under this section for individuals with current and valid merchant mariners’ documents on the date of the enactment of the SAFE Port Act.”

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 114–328, § 3509(a)(2), amended subsec. (j) generally. Prior to amendment, text read as follows: “Not later than January 1, 2009, the Secretary shall process and issue or deny each application for a transportation security card under this section for individuals with current and valid merchant mariners’ documents on the date of the enactment of the SAFE Port Act.”

    Enacted provision · exact public law section
    (2) by amending subsection (j) to read as follows: “(j) Priority Processing for Separating Service Members.— (1) The Secretary and the Secretary of Defense shall enter into a memorandum of understanding regarding the submission and processing of applications for transportation security cards under subsection (b)(2)(G). “(2) Not later than 30 days after the submission of such an application by an individual who is eligible to submit such an application, the Secretary shall process and approve or deny the application unless an appeal or waiver applies or further application documentation is necessary.” .

    Effective date note
    Pub. L. 114–328, div. C, title XXXV, § 3509(c), Dec. 23, 2016, 130 Stat. 2781, provided that: “Section 70105(j)(2) of title 46, United States Code, as amended by this section, shall apply to applications for transportation security cards submitted after the expiration of the 180-day period beginning on the date of the enactment of this Act [Dec. 23, 2016].”

19. 2021

    Elijah E. Cummings Coast Guard Authorization Act of 2020

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

    Substituted · 46 U.S.C. § 70105(g)

    Pub. L. 116–283 substituted “shall—” and pars. (1) and (2) for “shall concurrently process an application from an individual for merchant mariner’s documents under chapter 73 of title 46, United States Code, and an application from that individual for a transportation security card under this section.”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 116–283 substituted “shall—” and pars. (1) and (2) for “shall concurrently process an application from an individual for merchant mariner’s documents under chapter 73 of title 46, United States Code, and an application from that individual for a transportation security card under this section.”

    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.” .

20. 2022

    Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 § 11804(a)(1) · 136 Stat. 2395

    Substituted · 46 U.S.C. § 70105

    Pub. L. 117–263, § 11804(a)(1), substituted “worker identification credentials” for “security cards” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 117–263, § 11804(a)(1), substituted “worker identification credentials” for “security cards” in section catchline.

    Enacted provision · exact public law section
    (1) in the section heading by striking “security cards” and inserting “worker identification credentials”;

21. 2022

    Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 § 11804(a)(2) · 136 Stat. 2395

    1. Substituted · 46 U.S.C. § 70105

       Pub. L. 117–263, § 11804(a)(2)–(4), substituted “transportation worker identification credential” for “transportation security card” wherever appearing

    2. Substituted · 46 U.S.C. § 70105

       Pub. L. 117–263, § 11804(a)(2)–(4), substituted “transportation worker identification credentials” for “transportation security cards” wherever appearing

    3. Substituted · 46 U.S.C. § 70105

       Pub. L. 117–263, § 11804(a)(2)–(4), substituted “credential” for “card” wherever appearing

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 117–263, § 11804(a)(2)–(4), substituted “transportation worker identification credential” for “transportation security card”, “transportation worker identification credentials” for “transportation security cards”, and “credential” for “card” wherever appearing.

    Enacted provision · exact public law section
    (2) by striking “transportation security card” each place it appears and inserting “transportation worker identification credential”;

22. 2022

    Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 § 11804(a)(5) · 136 Stat. 2395

    Substituted · 46 U.S.C. § 70105(b)

    Pub. L. 117–263, § 11804(a)(5), substituted “Credentials” for “Cards” in heading

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 117–263, § 11804(a)(5), substituted “Credentials” for “Cards” in heading.

    Enacted provision · exact public law section
    (5) in the heading for subsection (b) by striking “Cards” and inserting “Credentials”;

23. 2022

    Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 § 11804(a)(6) · 136 Stat. 2395

    Substituted · 46 U.S.C. § 70105(g)

    Pub. L. 117–263, § 11804(a)(6), substituted “Administrator of” for “Assistant Secretary of Homeland Security for” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 117–263, § 11804(a)(6), substituted “Administrator of” for “Assistant Secretary of Homeland Security for” in introductory provisions.

    Enacted provision · exact public law section
    (6) in subsection (g) by striking “Assistant Secretary of Homeland Security for” and inserting “Administrator of”;

24. 2022

    Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 § 11804(a)(7) · 136 Stat. 2395

    1. Redesignated · 46 U.S.C. § 70105(i)

       Pub. L. 117–263, § 11804(a)(7), redesignated subsec. (j) as (i)

    2. Struck · 46 U.S.C. § 70105(i)

       Pub. L. 117–263, § 11804(a)(7), struck out former subsec. (i) which related to implementation schedule

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 117–263, § 11804(a)(7), redesignated subsec. (j) as (i) and struck out former subsec. (i) which related to implementation schedule.

    Enacted provision · exact public law section
    (7) by striking subsection (i) and redesignating subsections (j) and (k) as subsections (i) and (j), respectively;

25. 2022

    Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 § 11804(a)(9) · 136 Stat. 2395

    1. Substituted · 46 U.S.C. § 70105(j)

       Pub. L. 117–263, § 11804(a)(9), substituted “Worker Identification Credential” for “Security Card” in par. (2) heading

    2. Substituted · 46 U.S.C. § 70105(j)

       Pub. L. 117–263, § 11804(a)(9), substituted “worker identification credential” for “security cards” in par. (2) heading

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 117–263, § 11804(a)(9), substituted “Worker Identification Credential” for “Security Card”, in subsec. heading, and “worker identification credential” for “security cards”, in par. (2) heading.

    Enacted provision · exact public law section
    (9) in subsection (j), as so redesignated— (A) in the subsection heading by striking “Security Card” and inserting “Worker Identification Credential”; and (B) in the heading for paragraph (2) by striking “security cards” and inserting “worker identification credential”;

26. 2022

    Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 § 11804(a)(7) · 136 Stat. 2395

    Redesignated · 46 U.S.C. § 70105(j)

    Pub. L. 117–263, § 11804(a)(7), redesignated subsec. (k) as (j). Former subsec. (j) redesignated (i)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 117–263, § 11804(a)(7), redesignated subsec. (k) as (j). Former subsec. (j) redesignated (i).

    Enacted provision · exact public law section
    (7) by striking subsection (i) and redesignating subsections (j) and (k) as subsections (i) and (j), respectively;

27. 2022

    Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 § 11804(a)(11) · 136 Stat. 2395

    Redesignated · 46 U.S.C. § 70105(j)(4)

    Pub. L. 117–263, § 11804(a)(11), which directed amendment of subsec. (k), as so redesignated, by striking par. (4), was executed to subsec. (j) to reflect the probable intent of Congress and amendment by Pub. L. 117–263, § 11804(a)(8), which redesignated subsec. (k) as (j). Prior to amendment, par. (4) related to report on the pilot program

    Source evidence

    Code amendment note
    Subsec. (j)(4). Pub. L. 117–263, § 11804(a)(11), which directed amendment of subsec. (k), as so redesignated, by striking par. (4), was executed to subsec. (j) to reflect the probable intent of Congress and amendment by Pub. L. 117–263, § 11804(a)(8), which redesignated subsec. (k) as (j). Prior to amendment, par. (4) related to report on the pilot program.

    Enacted provision · exact public law section
    (11) by striking paragraph (4) of subsection (k), as so redesignated; and

28. 2022

    Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 § 11804(a)(8) · 136 Stat. 2395

    Redesignated · 46 U.S.C. § 70105(k)

    Pub. L. 117–263, § 11804(a)(8), redesignated subsec. (m) as (k). Former subsec. (k) redesignated (j)

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 117–263, § 11804(a)(8), redesignated subsec. (m) as (k). Former subsec. (k) redesignated (j).

    Enacted provision · exact public law section
    (8) by striking subsection (l) and redesignating subsections (m) through (q) as subsections (k) through (o), respectively;

29. 2022

    Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 § 11804(a)(10) · 136 Stat. 2395

    Substituted · 46 U.S.C. § 70105(k)(1)

    Pub. L. 117–263, § 11804(a)(10), substituted “subsection (j)(3)” for “subsection (k)(3)”

    Source evidence

    Code amendment note
    Subsec. (k)(1). Pub. L. 117–263, § 11804(a)(10), substituted “subsection (j)(3)” for “subsection (k)(3)”.

    Enacted provision · exact public law section
    (10) in subsection (k)(1), as so redesignated, by striking “subsection (k)(3)” and inserting “subsection (j)(3)”;

30. 2022

    Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 § 11804(a)(8) · 136 Stat. 2395

    1. Redesignated · 46 U.S.C. § 70105(l)

       Pub. L. 117–263, § 11804(a)(8), redesignated subsec. (n) as (l)

    2. Struck · 46 U.S.C. § 70105(l)

       Pub. L. 117–263, § 11804(a)(8), struck out former subsec. (l). Prior to amendment, text read as follows: “Not later than 6 months after the date of the enactment of the SAFE Port Act, and every 6 months thereafter until the requirements under this section are fully implemented, the Secretary shall submit a report on progress being made in implementing such requirements to the appropriate congressional committees (as defined in section 2(1) of the SAFE Port Act).”

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 117–263, § 11804(a)(8), redesignated subsec. (n) as (l) and struck out former subsec. (l). Prior to amendment, text read as follows: “Not later than 6 months after the date of the enactment of the SAFE Port Act, and every 6 months thereafter until the requirements under this section are fully implemented, the Secretary shall submit a report on progress being made in implementing such requirements to the appropriate congressional committees (as defined in section 2(1) of the SAFE Port Act).”

    Enacted provision · exact public law section
    (8) by striking subsection (l) and redesignating subsections (m) through (q) as subsections (k) through (o), respectively;

31. 2022

    Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 § 11804(a)(8) · 136 Stat. 2395

    Redesignated · 46 U.S.C. § 70105(m)

    Pub. L. 117–263, § 11804(a)(8), redesignated subsec. (o) as (m). Former subsec. (m) redesignated (k)

    Source evidence

    Code amendment note
    Subsec. (m). Pub. L. 117–263, § 11804(a)(8), redesignated subsec. (o) as (m). Former subsec. (m) redesignated (k).

    Enacted provision · exact public law section
    (8) by striking subsection (l) and redesignating subsections (m) through (q) as subsections (k) through (o), respectively;

32. 2022

    Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 § 11804(a)(8) · 136 Stat. 2395

    Redesignated · 46 U.S.C. § 70105(n)

    Pub. L. 117–263, § 11804(a)(8), redesignated subsec. (p) as (n). Former subsec. (n) redesignated (l)

    Source evidence

    Code amendment note
    Subsec. (n). Pub. L. 117–263, § 11804(a)(8), redesignated subsec. (p) as (n). Former subsec. (n) redesignated (l).

    Enacted provision · exact public law section
    (8) by striking subsection (l) and redesignating subsections (m) through (q) as subsections (k) through (o), respectively;

33. 2022

    Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 § 11804(a)(12)(A) · 136 Stat. 2395

    Substituted · 46 U.S.C. § 70105(o)

    Pub. L. 117–263, § 11804(a)(12)(A), substituted “Worker Identification Credential” for “Security Card” in the subsec. heading

    Source evidence

    Code amendment note
    Subsec. (o). Pub. L. 117–263, § 11804(a)(12)(A), substituted “Worker Identification Credential” for “Security Card” in the subsec. heading.

    Enacted provision · exact public law section
    (A) in the subsection heading by striking “Security Card” and inserting “Worker Identification Credential”;

34. 2022

    Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 § 11804(a)(8) · 136 Stat. 2395

    Redesignated · 46 U.S.C. § 70105(o)

    Pub. L. 117–263, § 11804(a)(8), redesignated subsec. (q) as (o). Former subsec. (o) redesignated (m)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 117–263, § 11804(a)(8), redesignated subsec. (q) as (o). Former subsec. (o) redesignated (m).

    Enacted provision · exact public law section
    (8) by striking subsection (l) and redesignating subsections (m) through (q) as subsections (k) through (o), respectively;

35. 2022

    Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 § 11804(a)(12)(B) · 136 Stat. 2395

    1. Substituted · 46 U.S.C. § 70105(o)(1)

       Pub. L. 117–263, § 11804(a)(12)(B), substituted “subsection (j)(3)” for “subsection (k)(3)”

    2. Substituted · 46 U.S.C. § 70105(o)(1)

       Pub. L. 117–263, § 11804(a)(12)(B), substituted “Such receipt and activation shall” for “This plan shall”

    Source evidence

    Code amendment note
    Subsec. (o)(1). Pub. L. 117–263, § 11804(a)(12)(B), substituted “subsection (j)(3)” for “subsection (k)(3)” and “Such receipt and activation shall” for “This plan shall”.

    Enacted provision · exact public law section
    (B) in paragraph (1)— (i) by striking “subsection (k)(3)” and inserting “subsection (j)(3)”; and (ii) by striking “This plan shall” and inserting “Such receipt and activation shall”; and

36. 2022

    Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 § 11804(a)(12)(C) · 136 Stat. 2395

    Substituted · 46 U.S.C. § 70105(o)(2)

    Pub. L. 117–263, § 11804(a)(12)(C), substituted “on-site receipt and activation of transportation worker identification credentials” for “on-site activation capability”

    Source evidence

    Code amendment note
    Subsec. (o)(2). Pub. L. 117–263, § 11804(a)(12)(C), substituted “on-site receipt and activation of transportation worker identification credentials” for “on-site activation capability”.

    Enacted provision · exact public law section
    (C) in paragraph (2) by striking “on-site activation capability” and inserting “on-site receipt and activation of transportation worker identification credentials”.

37. 2022

    Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 § 11804(a)(8) · 136 Stat. 2395

    Redesignated · 46 U.S.C. § 70105(p)

    Pub. L. 117–263, § 11804(a)(8), redesignated subsec. (p) as (n)

    Source evidence

    Code amendment note
    Subsec. (p). Pub. L. 117–263, § 11804(a)(8), redesignated subsec. (p) as (n).

    Enacted provision · exact public law section
    (8) by striking subsection (l) and redesignating subsections (m) through (q) as subsections (k) through (o), respectively;

38. 2022

    Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 § 11804(a)(8) · 136 Stat. 2395

    Redesignated · 46 U.S.C. § 70105(q)

    Pub. L. 117–263, § 11804(a)(8), redesignated subsec. (q) as (o)

    Source evidence

    Code amendment note
    Subsec. (q). Pub. L. 117–263, § 11804(a)(8), redesignated subsec. (q) as (o).

    Enacted provision · exact public law section
    (8) by striking subsection (l) and redesignating subsections (m) through (q) as subsections (k) through (o), respectively;

49 of 50 references resolved to an enrolled provision · 1 partial