[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2916 Introduced in House (IH)]

  2d Session
                                H. R. 2916

 To amend title 46, United States Code, to ensure the safety of towing 
                                vessels.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 31, 1996

 Mr. Kennedy of Rhode Island (for himself and Mr. Reed) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To amend title 46, United States Code, to ensure the safety of towing 
                                vessels.

    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 ``Towing Vessel Safety Act of 1996''.

SEC. 2. MINIMUM NAVIGATIONAL SAFETY EQUIPMENT FOR TOWING VESSELS.

    (a) In General.--Section 4102 of title 46, United States Code, is 
amended by adding at the end the following:
    ``(f)(1) In prescribing regulations for towing vessels, the 
Secretary shall--
            ``(A) consider the characteristics, methods of operation, 
        and nature of the service of towing vessels;
            ``(B) consult with the Towing Safety Advisory Committee; 
        and
            ``(C) require, to the extent appropriate, the installation, 
        maintenance, and use of and familiarity with the following 
        equipment on each towing vessel, other than a towing vessel 
        that is used only for towing disabled vessels:
                    ``(i) A radar system.
                    ``(ii) An electronic position-fixing device.
                    ``(iii) A sonic depth finder.
                    ``(iv) A compass or swing meter.
                    ``(v) Adequate towing wire and associated 
                equipment.
                    ``(vi) Up-to-date navigational charts and 
                publications for the areas normally transited by the 
                vessel.
                    ``(vii) Other safety equipment the Secretary 
                determines to be necessary.
    ``(2) The Secretary shall establish in regulations under this 
chapter requirements that--
            ``(A) any equipment required on a towing vessel under 
        paragraph (1) shall be maintained in effective operating 
        condition; and
            ``(B) if such equipment on a vessel ceases to operate, the 
        master of the vessel shall exercise due diligence to restore 
        the equipment to effective operating condition, or cause it to 
        be restored to that condition, at the earliest practicable 
        date.''.
    (b) Regulations.--The Secretary of Transportation shall issue 
regulations by not later than 12 months after the date of the enactment 
of this Act, prescribing navigational publication and equipment 
requirements under subsection (f) of section 4102 of title 46, United 
States Code, as added by subsection (a) of this section.

SEC. 3. REPORTING MARINE CASUALTIES.

    (a) Expedited Reporting Required.--Section 6101(b) of title 46, 
United States Code, is amended by striking ``within 5 days'' and 
inserting ``by as soon as practicable, but in no case later than within 
5 days,''.
    (b) Penalty for Failure To Report a Casualty.--Section 6103(a) of 
title 46, United States Code is amended by striking ``$1,000'' and 
inserting ``not more than $25,000''.

SEC. 4. REPORT ON FEASIBILITY OF ESTABLISHING A DIFFERENTIAL GLOBAL 
              POSITIONING SATELLITE NAVIGATION SYSTEM AND ELECTRONIC 
              CHARTS FOR INLAND WATERWAYS.

    Not later than 6 months after the date of the enactment of this 
Act, the Secretary of Transportation shall submit a report to the 
Congress on the feasibility of establishing a differential global 
positioning satellite navigation system and creating electronic charts 
for the inland waterways of the United States.

SEC. 5. PROTECTION OF SEAMEN AGAINST DISCRIMINATION.

    Section 2114 of title 46, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) An owner, charterer, managing operator, agent, master, or 
individual in charge of a vessel may not discharge, temporarily remove, 
or in any manner discriminate against a seaman because the seaman--
            ``(1) in good faith has reported or is about to report to 
        the Coast Guard that the seaman believes that a violation of 
        this subtitle, or a regulation issued under this subtitle, has 
        occurred; or
            ``(2) refuses to violate this subtitle or a regulation 
        issued under this subtitle.''; and
            (2) in subsection (b)--
                    (A) in paragraph (1) by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (2) by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) an award of cost and reasonable attorney's fees to 
        the prevailing plaintiff.''.

SEC. 6. MANNING AND LICENSING REQUIREMENTS FOR TOWING VESSELS.

    (a) Manning Requirements.--Section 8904 of title 46, United States 
Code, is amended by adding at the end the following:
    ``(c) A towing vessel, other than a vessel referred to in 
subsection (b), shall--
            ``(1) while being operated, have on board an individual 
        licensed by the Secretary as a master of that type of towing 
        vessel; and
            ``(2) be operated by an individual licensed by the 
        Secretary to operate that type of towing vessel.''.
    (b) Regulations Establishing Licenses for Masters and Operators.--
Section 7101 of title 46, United States Code, is amended by adding at 
the end the following:
    ``(j)(1) The Secretary shall prescribe regulations which establish 
licenses for masters and mates of towing vessels.
    ``(2) Regulations under this subsection shall provide that an 
individual may be issued a license as a master or mate of a towing 
vessel only if the individual--
            ``(A) demonstrates proficiency in the use of the equipment 
        required pursuant to section 4102(f)(1)(C) of this title; and
            ``(B) demonstrates proficiency in operating a towing 
        vessel.
    ``(3) Regulations under this subsection may establish standards and 
procedures under which the Secretary may delegate, to individuals who 
have experience in the operation of towing vessels and to other 
qualified persons, the authority to conduct examinations required for 
the issuance of a license as a master or mate of a towing vessel.''.
    (c) Existing Uninspected Towing Vessel Operator License Holders.--
An uninspected towing vessel operator license that is valid on the date 
of enactment of this Act shall be valid as a master or mate license 
required under section 8904 of title 46, United States Code, as amended 
by this section, until otherwise required to be renewed. The Secretary 
shall require that an individual applying for a first renewal of such a 
license as a master or mate license under that section demonstrate 
proficiency under the requirements of section 7101(j) of title 46, 
United States Code, as added by this section.
    (d) Effective Date.--The amendments made by this section shall take 
effect 2 years after the date of the enactment of this Act.
    (e) Deadline for Regulations.--The Secretary of the department in 
which the Coast Guard is operating shall issue regulations under the 
amendments made by this section by not later than 1 year after the date 
of the enactment of this Act.

SEC. 7. INSPECTION OF TOWING VESSELS.

    (a) In General.--Section 3301 of title 46, United States Code, is 
amended by adding at the end the following:
            ``(14) towing vessels.''.
    (b) Exception.--Section 3302 of title 46, United States Code, is 
amended by adding at the end the following:
    ``(n) A towing vessel is not subject to inspection under section 
3301(14) of this title if the vessel--
            ``(1) is used only for towing disabled vessels; or
            ``(2) is not used to pull, push, or haul alongside a barge 
        that is subject to inspection under section 3301 of this 
        title.''.
    (c) Equipment Requirements.--Section 3306 of title 46, United 
States Code, is amended by adding at the end the following:
    ``(j) In prescribing regulations for towing vessels, the Secretary 
shall--
            ``(1) consider the characteristics, methods of operation, 
        and nature of the service of towing vessels;
            ``(2) consult with the Towing Safety Advisory Committee; 
        and
            ``(3) require, to the extent appropriate, the installation, 
        maintenance, and use of the following equipment on each towing 
        vessel, other than a towing vessel that is used only for towing 
        disabled vessels:
                    ``(A) A radar system.
                    ``(B) An electronic position-fixing device.
                    ``(C) Adequate communications equipment.
                    ``(D) A sonic depth finder.
                    ``(E) A compass or swing meter.
                    ``(F) Adequate towing equipment.
                    ``(G) Up-to-date navigational charts and 
                publications for the areas normally transited by the 
                vessel.
                    ``(H) Adequate fire fighting equipment.
                    ``(I) Other equipment the Secretary determines will 
                minimize the risk of injury to the crew or the risk of 
                a vessel or barge casualty.''.
    (d) Regulations.--The Secretary of Transportation shall prescribe 
regulations implementing this section within 1 year after the date of 
enactment of this Act.

SEC. 8. CIVIL PENALTIES.

    (a) Prohibited Operation of Uninspected Towing Vessel, Generally.--
Section 4106 of title 46, United States Code, is amended by striking 
``$5,000'' and inserting ``$25,000''.
    (b) Operation of Uninspected Towing Vessel in Violation of Manning 
Requirements.--Section 8906 of title 46, United States Code, is amended 
by striking ``$1,000'' and inserting ``not more than $25,000''.
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