In subsection (b), the words “When the head of an agency . . . considers it necessary” are substituted for “either upon his own initiative or upon the written recommendation of the head of any other Government agency, when he deems that such action is necessary” to eliminate unnecessary words.

2022—Subsec. (b)(1). Pub. L. 117–263, § 3541(1)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “When the head of an agency responsible for the administration of the navigation or vessel-inspection laws considers it necessary in the interest of national defense, the individual, following a determination by the Maritime Administrator, acting in the Administrator’s capacity as Director, National Shipping Authority, of the non-availability of qualified United States flag capacity to meet national defense requirements, may waive compliance with those laws to the extent, in the manner, and on the terms the individual, in consultation with the Administrator, acting in that capacity, prescribes.”

Subsec. (b)(2)(B). Pub. L. 117–263, § 3541(1)(B), substituted “determination referred to in paragraph (1)(A)” for “determinations referred to in paragraph (1)”.

Subsec. (b)(3)(A). Pub. L. 117–263, § 3541(1)(C), added subpar. (A) and struck out former subpar. (A). Prior to amendment, subpar. (A) read as follows: “for each determination referred to in paragraph (1), identify any actions that could be taken to enable qualified United States flag capacity to meet national defense requirements;”.

Subsec. (b)(5), (6). Pub. L. 117–263, § 3541(1)(D), added pars. (5) and (6).

Subsec. (c)(1). Pub. L. 117–263, § 3541(2), inserted “and the individual requesting such waiver (if not the owner or operator of the vessel)” before “shall submit” in introductory provisions, added subpars. (B), (E), and (F), and redesignated former subpars. (B), (C), and (D) as (C), (D), and (G), respectively.

2021—Subsec. (a). Pub. L. 116–283, § 3502(a)(1)(A), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “On request of the Secretary of Defense, the head of an agency responsible for the administration of the navigation or vessel-inspection laws shall waive compliance with those laws to the extent the Secretary considers necessary in the interest of national defense.”

Subsec. (b)(2), (3). Pub. L. 116–283, § 3502(a)(1)(B)(i), (ii), added par. (2) and redesignated former par. (2) as (3). Former par. (3) redesignated (4).

Subsec. (b)(4). Pub. L. 116–283, § 3502(a)(1)(B)(i), redesignated par. (3) as (4).

Subsec. (b)(4)(B)(ii). Pub. L. 116–283, § 3502(a)(1)(B)(ii)(I), substituted “paragraph (3)(A)” for “paragraph (2)(A)”.

Subsec. (b)(4)(C). Pub. L. 116–283, § 3502(a)(1)(B)(ii)(II), added subpar. (C).

Subsecs. (c), (d). Pub. L. 116–283, § 3502(a)(1)(C), (D), added subsec. (c) and redesignated former subsec. (c) as (d).

2013—Subsec. (b)(3)(A). Pub. L. 112–239 substituted “the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate” for “the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate” in introductory provisions.

2012—Subsec. (b). Pub. L. 112–213 designated existing provisions as par. (1), inserted par. (1) heading, and added pars. (2) and (3).

2008—Subsec. (b). Pub. L. 110–417 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “When the head of an agency responsible for the administration of the navigation or vessel-inspection laws considers it necessary in the interest of national defense, the individual may waive compliance with those laws to the extent, in the manner, and on the terms the individual prescribes.”

Pub. L. 116–283, div. C, title XXXV, § 3502(a)(2), Jan. 1, 2021, 134 Stat. 4398, provided that: “The amendments made by paragraph (1) [amending this section] shall apply with respect to waivers issued after the date of the enactment of this Act [Jan. 1, 2021].”