[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4959 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4959

To reduce the economic burden on United States-flagged merchant vessels 
   by streamlining certain regulatory requirements, by expanding the 
   delegation of the performance of marine safety functions to third 
 parties, and by broadening the Coast Guard's marine safety authority, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 12, 1994

Mr. Tauzin (for himself, Mr. Studds, Mr. Lipinski, Mr. Fields of Texas, 
 and Mr. Coble) (all by request) introduced the following bill; which 
     was referred to the Committee on Merchant Marine and Fisheries

_______________________________________________________________________

                                 A BILL


 
To reduce the economic burden on United States-flagged merchant vessels 
   by streamlining certain regulatory requirements, by expanding the 
   delegation of the performance of marine safety functions to third 
 parties, and by broadening the Coast Guard's marine safety authority, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Maritime Regulatory Reform Act of 
1994''.

SEC. 2. SAFETY MANAGEMENT AND ALTERNATIVE COMPLIANCE.

    (a) Chapter 21 of title 46, United States Code, is amended by 
adding a new section 2103a to read as follows:

``SEC. 2103a. SAFETY MANAGEMENT AND ALTERNATIVE COMPLIANCE.

    ``(a) To implement the International Management Code for the Safe 
Operation of Ships and for Pollution Prevention adopted by the 
International Maritime Organization and to establish voluntary 
alternative compliance programs, the Secretary may prescribe 
regulations governing the merchant marine of the United States, 
merchant marine personnel, and shore-based management of vessels that 
affect the safety of vessels and personnel subject to this subtitle and 
marine pollution prevention. Compliance with regulations implementing 
the International Management Code for the Safe Operation of Ships and 
for Pollution Prevention shall be voluntary until the dates for 
mandatory compliance provided for in the International Convention for 
the Safety of life at Sea.
    ``(b) In implementing the International Management Code for the 
Safe Operation of Ships and for Pollution Prevention and alternative 
compliance programs established pursuant to this section, the Secretary 
may establish optional regulatory requirements commensurate with the 
level of quality control adopted by the shipowner or operator, provided 
that an equivalent level of safety is maintained.
    ``(c) The Secretary may require vessel owners and operators to 
maintain records and submit reports and other information which the 
Secretary deems necessary to carry out the objectives of this 
section.''.
    (b) The table of sections for chapter 21 of title 46, United States 
Code, is amended by inserting between the items relating to section 
2103 and section 2104 the following:

                              ``Sec. 2103a. Safety management and 
                                        alternative compliance.''.

SEC. 3. USE OF REPORTS, DOCUMENTS, AND CERTIFICATES.

    (a) Chapter 31 of title 46, United States Code, is amended by 
adding a new section 3103 to read as follows:

``SEC. 3103. USE OF REPORTS, DOCUMENTS, AND CERTIFICATES.

    ``In carrying out this part, the Secretary may utilize reports, 
documents, and certificates issued by persons who the Secretary 
determines may be relied upon with regard to marine safety, security, 
and environmental protection.''.
    (b) The table of sections for chapter 31 of title 46, United States 
Code, is amended by adding at the end the following:

                              ``Sec. 3103. Use of reports, documents, 
                                        and certificates.''.

SEC. 4. EQUIPMENT APPROVAL.

    Section 3306(b) of title 46, United States Code, is amended to read 
as follows:
    ``(b)(1) Equipment subject to regulation under this section may not 
be used on any vessel without prior approval as prescribed by 
regulation.
    ``(2) Except as otherwise provided in paragraph (3) of this 
subsection, the Secretary may accept approvals of fire and life safety 
equipment and materials by foreign governments which the Secretary 
determines utilize design and testing standards that meet the 
requirements of the International Convention for the Safety of Life at 
Sea to which the United States is a party, and its associated 
International Maritime Organization guidance documents.
    ``(3) In determining whether to accept approvals issued by foreign 
governments, the Secretary shall give due regard to whether adherence 
to standards promulgated by regulation under this subsection is 
necessary in order to preserve higher levels of safety.''.

SEC. 5. FREQUENCY OF INSPECTION.

    (a) Section 3307 of title 46, United States Code, is amended as 
follows:
            (1) In paragraph (1)--
                    (A) by striking ``and'' and inserting a comma in 
                its place;
                    (B) by inserting after ``nautical school vessel'', 
                ``, and small passenger vessel carrying more than 12 
                passengers on an international voyage''; and
                    (C) by adding ``and'' at the end.
            (2) By striking paragraph (2).
            (3) In paragraph (3)--
                    (A) by changing the designation of paragraph (3) to 
                paragraph (2); and
                    (B) by striking ``2 years'' and inserting ``5 
                years'' in its place.
    (b) Section 3710(b) of title 46, United States Code, is amended by 
striking ``24 months'' and substituting ``5 years''.

SEC. 6. CERTIFICATE OF INSPECTION.

    Section 3309(c) of title 46, United States Code, is amended by 
deleting the words ``(but not more than 60 days)'' after the words ``At 
least 30 days''.

SEC. 7. CLASSIFICATION SOCIETIES.

    (a) Section 3316 of title 46, United States Code, is amended as 
follows:
            (1) Subsection (a) is amended to read as follows:
    ``(a) In carrying out this part, the Secretary may rely on reports, 
documents, and certificates issued by the American Bureau of Shipping 
or other classification society recognized by the Secretary as meeting 
acceptable standards for such a society, or an agent of the Bureau or 
society.''.
            (2) Subsection (c)(1) is amended to read as follows:
    ``(c)(1) To the maximum extent practicable, the Secretary may 
delegate to the Bureau or other classification society recognized by 
the Secretary as meeting acceptable standards for such a society, or an 
agent of the Bureau or society, the inspection or examination, in the 
United States or in a foreign country, of a vessel documented or to be 
documented as a vessel of the United States. The Bureau, society, or 
agent may issue the certificate of inspection required by this part and 
other certificates essential to documentation.''.
            (3) Subsection (d) is amended to read as follows:
    ``(d) The Secretary also may make an agreement with or use the 
Bureau or other classification society recognized by the Secretary as 
meeting acceptable standards for such a society, or an agent of the 
Bureau or society, for reviewing and approving plans required for 
issuing a certificate of inspection.''.
    (b) The item for section 3316 of the table of sections for chapter 
33 of title 46, United States Code, is amended to read as follows:

                              ``Sec. 3316. Classification societies.''.
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