[Congressional Record Volume 142, Number 14 (Thursday, February 1, 1996)]
[Extensions of Remarks]
[Pages E125-E126]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  THE TOWING VESSEL SAFETY ACT OF 1996

                                 ______


                        HON. PATRICK J. KENNEDY

                            of rhode island

                    in the house of representatives

                      Wednesday, January 31, 1996

  Mr. KENNEDY of Rhode Island. Mr. Speaker, I rise today to announce 
the introduction of the Towing Vessel Safety Act of 1996. This bill was 
brought to the top of my legislative agenda due to the recent oil spill 
that occurred off the coast of Rhode Island.
  Almost 1 million gallons of home heating oil spilled into our waters 
when the Scandia tugboat caught fire and caused the North Cape barge to 
run aground. Sadly, this incident has had serious environmental and 
economic repercussions in my State. Most notable is the damage to our 
coastal ecosystems. Thousands of lobsters and other wildlife were 
heavily impacted by this tragedy. In all, it will take months to 
remediate the damage and restore our environment and industries like 
commercial fishing and tourism to their full health.
  The Towing Vessel Safety Act will establish guidelines that every 
tugboat have navigational, fire prevention, and various other safety 
provisions necessary to avoid incidents like the one in Rhode Island. 
Moreover, the bill will ensure that the master and crew of tugboats are 
properly trained and licensed in the operation of the vessel and its 
equipment. Lastly, the Towing Vessel Safety Act will require the Coast 
Guard to make routine inspections to guarantee that all guidelines are 
followed.
  Mr. Speaker, I am deeply saddened by what has happened in Rhode 
Island. I am hopeful, however, that the Towing Vessel Safety Act will 
be an important first step in avoiding similar tragedies.
  I am looking forward to working with the Coast Guard, the House 
Transportation Committee, and all my colleagues in Congress to 

[[Page E126]]
ensure that this important legislation becomes law.
  Mr. Speaker, I insert the text of the Towing Vessel Safety Act for 
the Record.

                                H.R. --

       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.
         ``(I) 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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