((a)) ** .—** A license, certificate of registry, or merchant mariner’s document authorized to be issued under this part shall be denied to an individual who has been convicted of a sexual offense prohibited under—

((1)) chapter 109A of title 18, except for subsection (b) of ;

((2)) section 920 or 920b of title 10 (article 120 and 120b of the Uniform Code of Military Justice); or

((3)) a substantially similar offense under Federal, State, local, or Tribal law.

((b)) ** .—** A license, certificate of registry, or merchant mariner’s document authorized to be issued under this part may be denied to an individual who within 5 years before applying for the license, certificate, or document, has been convicted of a sexual offense prohibited under subsection (b) of , or a substantially similar offense under State, local, or Tribal law.