H. R. 6395—1328 
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 INTER-
NATIONAL
PARTNERS.—The Secretary shall endeavor to 
coordinate with international partners as described in sub-
section (d)(2) to enter into agreements to make information 
collected, shared, and analyzed under that paragraph avail-
able 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 com-
prehensive 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 max-
imum extent practicable that integrate— 
‘‘(I) the national policy developed under sub-
section (b); 
‘‘(II) international rules under the Inter-
national 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 Inter-
national 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 oper-
ation of radio communications equipment and any 
other applicable systems necessary to execute vessel 
traffic service authorities. 
‘‘(v) Incorporation of the Standard Marine Commu-
nication Phrases adopted by the International Mari-
time Organization by resolution on April 4, 2000, as 
amended and consolidated, or any successor resolution.
H. R. 6395—1329 
‘‘(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 quali-
fied to fill a vessel traffic services position without 
supervision. 
‘‘(viii) Local area geographic and operational famil-
iarization. 
‘‘(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 quali-
fication 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 respon-
sibilities that include communicating, interacting, or 
directing vessels within a vessel traffic service area, as 
determined under the national policy developed under sub-
section (b), shall be required to pass a United States inter-
national and inland navigation rules test developed by 
the Secretary. 
‘‘(B) ELEMENTS OF TEST.—The Secretary shall deter-
mine the content and passing standard for the rules test 
developed under subparagraph (A). 
‘‘(C) TESTING FREQUENCY.—The Secretary shall estab-
lish 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 moni-
toring 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 sub-
ject matter experts identified by the Secretary, to evaluate 
and determine the feasibility, costs and benefits of rep-
resentation 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
H. R. 6395—1330 
traffic service watchfloor at those vessel traffic service cen-
ters for which it is determined feasible and beneficial 
pursuant to research conducted under subparagraph (A). 
‘‘(i) INCLUSION OF IDENTIFICATION SYSTEM ON CERTAIN VES-
SELS.— 
‘‘(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 para-
graph (1), the Secretary shall prescribe such regulations as 
the Secretary considers appropriate to establish requirements 
relating to the outfitting of vessels described in such subpara-
graph 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 con-
ducted 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 assess-
ment 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 lon-
gitude. 
‘‘(vi) Cyclical risk factors such as weather, seasonal 
water body currents, tides, bathymetry, and topog-
raphy. 
‘‘(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.
H. R. 6395—1331 
‘‘(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 con-
strued 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 pre-
scribed 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 combina-
tion 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