[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6175 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 798
115th CONGRESS
  2d Session
                                H. R. 6175

                         [Report No. 115-1019]

          To enhance maritime safety, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 21, 2018

  Mr. Hunter (for himself and Mr. Garamendi) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

                           November 13, 2018

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed


_______________________________________________________________________

                                 A BILL


 
          To enhance maritime safety, 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 Safety Act of 2018''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Domestic vessel compliance.
Sec. 5. Safety management system.
Sec. 6. Equipment requirements.
Sec. 7. Voyage data recorder; access.
Sec. 8. Voyage data recorder; requirements.
Sec. 9. Survival and locating equipment.
Sec. 10. Training of Coast Guard personnel.
Sec. 11. Major marine casualty property damage threshold.
Sec. 12. Reviews, briefings, and reports.
Sec. 13. Flag-state guidance and supplements.
Sec. 14. Marine safety strategy.
Sec. 15. Recognized organizations; oversight.
Sec. 16. Timely weather forecasts.
Sec. 17. Marine safety implementation status.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Commandant.--The term ``Commandant'' means the 
        Commandant of the Coast Guard;.
            (2) Recognized organization.--The term ``recognized 
        organization'' has the meaning given that term in section 2.45-
        1 of title 46, Code of Federal Regulations, as in effect on the 
        date of the enactment of this Act.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the department in which the Coast Guard is operating.

SEC. 4. DOMESTIC VESSEL COMPLIANCE.

    (a) In General.--Not later than 60 days after the date on which the 
President submits to the Congress a budget each year pursuant to 
section 1105 of title 31, United States Code, the Commandant shall 
publish on a publicly accessible website information documenting 
domestic vessel compliance with the requirements of subtitle II of 
title 46, United States Code.
    (b) Content.--The information required under subsection (a) shall--
            (1) include flag-State detention rates for each type of 
        inspected vessel; and
            (2) identify any recognized organization that inspected or 
        surveyed a vessel that was later subject to a Coast Guard-
        issued control action attributable to a major nonconformity 
        that the recognized organization failed to identify in such 
        inspection or survey.

SEC. 5. SAFETY MANAGEMENT SYSTEM.

    (a) In General.--The Comptroller General of the United States shall 
conduct an audit regarding the implementation and effectiveness of 
safety management plans required under chapter 32 of title 46, United 
States Code.
    (b) Scope.--The audit conducted under subsection (a) shall include 
a representative sample of safety management plans, including such 
plans for--
            (1) a range of vessel types and sizes; and
            (2) vessels that operate in a cross-section of regional 
        operating areas.
    (c) Report.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Comptroller General shall submit 
        to Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report detailing the results of 
        the audit and providing recommendations related to such 
        results, including ways to streamline and focus such plans on 
        ship safety.
            (2) Marine safety alert.--Not later than 60 days after the 
        date the report is submitted under paragraph (1), the 
        Commandant shall publish a Marine Safety Alert providing 
        notification of the completion of the report and including a 
        link to the report on a publicly accessible website.

SEC. 6. EQUIPMENT REQUIREMENTS.

    (a) Regulations.--
            (1) In general.--Section 3306 of title 46, United States 
        Code, is amended by adding at the end the following:
    ``(l)(1) The Secretary shall require that a freight vessel 
inspected under this chapter be outfitted with distress signaling and 
location technology for the higher of--
            ``(A) the minimum complement of officers and crew specified 
        on the certificate of inspection for such vessel; or
            ``(B) the number of persons onboard the vessel; and
    ``(2) the requirement described in paragraph (1) shall not apply to 
vessels operating within the baseline from which the territorial sea of 
the United States is measured.
    ``(m)(1) The Secretary shall promulgate regulations requiring 
companies to maintain records of all incremental weight changes made to 
freight vessels inspected under this chapter, and to track weight 
changes over time to facilitate rapid determination of the aggregate 
total.
    ``(2) Records maintained under paragraph (1) shall be stored, in 
paper or electronic form, onboard such vessels for not less than 3 
years and shoreside for the life of the vessel.''.
            (2) Deadlines.--The Secretary shall--
                    (A) begin implementing the requirement under 
                section 3306(l) of title 46, United States Code, as 
                amended by this subsection, by not later than 1 year 
                after the date of the enactment of this Act; and
                    (B) promulgate the regulations required under 
                section 3306(m) of title 46, United States Code, as 
                amended by this subsection, by not later than 1 year 
                after the date of the enactment of this Act.
    (b) Engagement.--Not later than 1 year after the date of the 
enactment of this Act, the Commandant shall seek to enter into 
negotiations through the International Maritime Organization to amend 
regulation 25 of chapter II-1 of the International Convention for the 
Safety of Life at Sea to require a high-water alarm sensor in each 
cargo hold of a freight vessel (as that term is defined in section 
2101(13) of title 46, United States Code), that connects with audible 
and visual alarms on the navigation bridge of the vessel.

SEC. 7. VOYAGE DATA RECORDER; ACCESS.

    (a) In General.--Chapter 63 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 6309. Voyage data recorder access
    ``Notwithstanding any other provision of law, the Coast Guard shall 
have full and timely access to and ability to use voyage data recorder 
data and audio held by any Federal agency in all marine casualty 
investigations, regardless of which agency is the investigative 
lead.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``6309. Voyage data recorder access.''.

SEC. 8. VOYAGE DATA RECORDER; REQUIREMENTS.

    (a) Float-Free and Beacon Requirements.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Commandant shall seek to enter 
        into negotiations through the International Maritime 
        Organization to amend regulation 20 of chapter V of the 
        International Convention for the Safety of Life at Sea to 
        require that all voyage data recorders are installed in a 
        float-free arrangement and contain an integrated emergency 
        position indicating radio beacon.
            (2) Progress update.--Not later than 3 years after the date 
        of the enactment of this Act, the Commandant shall submit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate an update on the progress of the 
        engagement required under paragraph (1).
    (b) Cost-Benefit Analysis.--Not later than 2 years after the date 
of the enactment of this Act, the Commandant shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a cost-benefit analysis of requiring that 
voyage data recorders installed on commercial vessels documented under 
chapter 121 of title 46, United States Code, capture communications on 
the internal telephone systems of such vessels, including requiring the 
capture of both sides of all communications with the bridge onboard 
such vessels.

SEC. 9. SURVIVAL AND LOCATING EQUIPMENT.

    Not later than 2 years after the date of the enactment of this Act, 
the Commandant shall, subject to the availability of appropriations, 
identify and procure equipment that will provide search-and-rescue 
units the ability to attach a radio or Automated Identification System 
strobe or beacon to an object that is not immediately retrievable.

SEC. 10. TRAINING OF COAST GUARD PERSONNEL.

    (a) Prospective Sector Commander Training.--Not later than 1 year 
after the date of the enactment of this Act, the Commandant shall 
implement an Officer in Charge, Marine Inspections segment to the 
sector commander indoctrination course for prospective sector 
commanders without a Coast Guard prevention ashore officer specialty 
code.
    (b) Steamship Inspections.--Not later than 1 year after the date of 
the enactment of this Act, the Commandant shall implement steam plant 
inspection training for Coast Guard marine inspectors and, subject to 
availability, recognized organizations to which authority is delegated 
under section 3316 of title 46, United States Code.
    (c) Advanced Journeyman Inspector Training.--
            (1) In general.--Not later than 2 years after the date of 
        the enactment of this Act, the Commandant shall establish 
        advanced training to provide instruction on the oversight of 
        recognized organizations to which authority is delegated under 
        section 3316 of title 46, United States Code, auditing 
        responsibilities, and the inspection of unique vessel types.
            (2) Recipients.--The Commandant shall--
                    (A) require that such training be completed by 
                senior Coast Guard marine inspectors; and
                    (B) subject to availability of training capacity, 
                make such training available to recognized organization 
                surveyors authorized by the Coast Guard to conduct 
                inspections.
    (d) Coast Guard Inspections Staff; Briefing.--Not later than 1 year 
after the date of the enactment of this Act, the Commandant shall 
provide to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a briefing detailing--
            (1) the estimated time and funding necessary to triple the 
        current size of the Coast Guard's traveling inspector staff; 
        and
            (2) other options available to the Coast Guard to enhance 
        and maintain marine safety knowledge, including discussion of 
        increased reliance on--
                    (A) civilian marine inspectors;
                    (B) experienced licensed mariners;
                    (C) retired members of the Coast Guard;
                    (D) arranging for Coast Guard inspectors to ride 
                onboard commercial oceangoing vessels documented under 
                chapter 121 of title 46, United States Code, to gain 
                experience and insight; and
                    (E) extending tour-lengths for Coast Guard marine 
                safety officers assigned to inspection billets.
    (e) Audits; Coast Guard Attendance and Performance.--Not later than 
180 days after the date of the enactment of this Act, the Commandant 
shall--
            (1) update Coast Guard policy to utilize risk analysis to 
        target the attendance of Coast Guard personnel during external 
        safety management certificate and document of compliance 
        audits; and
            (2) perform a quality assurance audit of recognized 
        organization representation and performance regarding United 
        States-flagged vessels.

SEC. 11. MAJOR MARINE CASUALTY PROPERTY DAMAGE THRESHOLD.

    Section 6101(i)(3) of title 46, United States Code, is amended by 
striking ``$500,000'' and inserting ``$2,000,000''.

SEC. 12. REVIEWS, BRIEFINGS, AND REPORTS.

    (a) Major Conversion Determinations.--
            (1) Review of policies and procedures.--The Commandant 
        shall conduct a review of policies and procedures for making 
        and documenting major conversion determinations, including an 
        examination of the deference given to precedent.
            (2) Briefing.--Not later than 1 year after the date of the 
        enactment of this Act, the Commandant shall provide to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a briefing on the findings of the 
        review required by paragraph (1).
    (b) Ventilators, Openings and Stability Standards.--
            (1) Review.--Note later than 1 year after the date of the 
        enactment of this Act, the Commandant shall complete a review 
        of the effectiveness of United States regulations, 
        international conventions, recognized organizations' class 
        rules, and Coast Guard technical policy regarding--
                    (A) ventilators and other hull openings;
                    (B) fire dampers and other closures protecting 
                openings normally open during operations; and
                    (C) intact and damage stability standards under 
                subchapter S of chapter I of title 46, Code of Federal 
                Regulations.
            (2) Briefing.--Not later than 18 months after the date of 
        the enactment of this Act, the Commandant shall provide to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a briefing on the effectiveness of 
        the regulations, international conventions, recognized 
        organizations' class rules, and Coast Guard technical policy 
        reviewed under paragraph (1).
    (c) Self-Locating Datum Marker Buoys.--Not later than 6 months 
after the date of the enactment of this Act, the Commandant shall 
provide to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a briefing on the reliability of self-
locating datum marker buoys and other similar technology used during 
Coast Guard search-and-rescue operations. The briefing shall include a 
description of reasonable steps the Commandant could take to increase 
the reliability of such buoys, including the potential to leverage 
technology used by the Navy, and how protocols could be developed to 
conduct testing of such buoys before using them for operations.
    (d) Oversight Program; Effectiveness.--
            (1) In general.--Not later than 2 years after the date of 
        the enactment of this Act, the Commandant shall commission an 
        assessment of the effectiveness of the Coast Guard's oversight 
        of recognized organizations and its impact on compliance by and 
        safety of vessels inspected by such organizations.
            (2) Experience.--The assessment commissioned under 
        paragraph (1) shall be conducted by a research organization 
        with significant experience in maritime operations and marine 
        safety.
            (3) Submission to congress.--Not later than 180 days after 
        the date that the assessment required under paragraph (1) is 
        completed, the Commandant shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate the results of such assessment.

SEC. 13. FLAG-STATE GUIDANCE AND SUPPLEMENTS.

    (a) Freight Vessels; Damage Control Information.--Within 1 year 
after the date of the enactment of this Act, the Secretary shall issue 
flag-State guidance for all freight vessels documented under chapter 
121 of title 46, United States Code, built before January 1, 1992, 
regarding the inclusion of comprehensive damage control information in 
safety management plans required under chapter 32 of title 46, United 
States Code.
    (b) Recognized Organizations; United States Supplement.--The 
Commandant shall--
            (1) work with recognized organizations to create a single 
        United States Supplement to rules of such organizations for 
        classification of vessels; and
            (2) by not later than 1 year after the date of the 
        enactment of this Act, provide to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a briefing on whether it is 
        necessary to revise part 8 of title 46, Code of Federal 
        Regulations, to authorize only one United States Supplement to 
        such rules.

SEC. 14. MARINE SAFETY STRATEGY.

    Section 2116 of title 46, United States Code, is amended--
            (1) in subsection (a), by striking ``each year of an 
        annual'' and inserting ``of a triennial'';
            (2) in subsection (b)--
                    (A) in the subsection heading, by striking 
                ``Annual'' and inserting ``Triennial''; and
                    (B) by striking ``annual'' each place it appears 
                and inserting ``triennial'';
            (3) in subsection (c)--
                    (A) by striking ``fiscal year 2011 and each fiscal 
                year'' and inserting ``fiscal year 2020 and 
                triennially''; and
                    (B) by striking ``annual plan'' and inserting 
                ``triennial plan''; and
            (4) in subsection (d)(2), by striking ``annually'' and 
        inserting ``triennially''.

SEC. 15. RECOGNIZED ORGANIZATIONS; OVERSIGHT.

    (a) In General.--Section 3316 of title 46, United States Code, is 
amended by redesignating subsection (g) as subsection (h), and by 
inserting after subsection (f) the following:
    ``(g)(1) There shall be within the Coast Guard an office that 
conducts comprehensive and targeted oversight of all recognized 
organizations that act on behalf of the Coast Guard.
    ``(2) The staff of the office shall include subject matter experts, 
including inspectors, investigators, and auditors, who possess the 
capability and authority to audit all aspects of such recognized 
organizations.
    ``(3) In this subsection the term `recognized organization' has the 
meaning given that term in section 2.45-1 of title 46, Code of Federal 
Regulations, as in effect on the date of the enactment of the Maritime 
Safety Act of 2018.''.
    (b) Deadline for Establishment.--The Commandant of the Coast Guard 
shall establish the office required by the amendment made by subsection 
(a) by not later than 2 years after the date of the enactment of this 
Act.

SEC. 16. TIMELY WEATHER FORECASTS.

    Not later than 1 year after the date of the enactment of this Act, 
the Commandant shall seek to enter into negotiations through the 
International Maritime Organization to amend the International 
Convention for the Safety of Life at Sea to require that vessels 
subject to the requirements of such Convention receive timely synoptic 
and graphical chart weather forecasts.

SEC. 17. MARINE SAFETY IMPLEMENTATION STATUS.

    Not later than December 19 of 2018, and of each of the 2 subsequent 
years thereafter, the Commandant shall provide to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
briefing on the status of implementation of each action outlined in the 
Commandant's final action memo dated December 19, 2017, regarding the 
sinking and loss of the vessel El Faro.
                                                 Union Calendar No. 798

115th CONGRESS

  2d Session

                               H. R. 6175

                         [Report No. 115-1019]

_______________________________________________________________________

                                 A BILL

          To enhance maritime safety, and for other purposes.

_______________________________________________________________________

                           November 13, 2018

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed