[House Report 115-1019]
[From the U.S. Government Publishing Office]


115th Congress     }                               {          Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                               {         115-1019

======================================================================



 
                      MARITIME SAFETY ACT OF 2018

                                _______
                                

 November 13, 2018.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 6175]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 6175) to enhance maritime safety, 
and for other purposes, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Legislative History and Consideration............................     2
Committee Votes..................................................     2
Committee Oversight Findings.....................................     2
New Budget Authority and Tax Expenditures........................     2
Congressional Budget Office Cost Estimate........................     3
Performance Goals and Objectives.................................     5
Advisory of Earmarks.............................................     5
Duplication of Federal Programs..................................     5
Disclosure of Directed Rule Makings..............................     5
Federal Mandate Statement........................................     5
Preemption Clarification.........................................     5
Advisory Committee Statement.....................................     6
Applicability of Legislative Branch..............................     6
Section-by-Section Analysis of Legislation.......................     6
Changes in Existing Law Made by the Bill, as Reported............     9

                         Purpose of Legislation

    H.R. 6175 directs Coast Guard corrective or remedial 
actions and makes changes to the shipping authorities found 
under title 46 of the United States Code to enhance maritime 
transportation safety, strengthen internal Coast Guard marine 
safety competency, and improve oversight of vessel safety 
inspections.

                  Background and Need for Legislation

    The loss of the U.S. flagged cargo vessel SS El Faro, along 
with its 33-member crew, ranks as one of the worst maritime 
disasters in U.S. history, and resulted in the highest death 
toll from a U.S. commercial vessel sinking in almost 40 years. 
Following a marine casualty investigation authorized under 
chapter 63 of title 46 United States Code, the Commandant of 
the Coast Guard issued a final action memorandum detailing 
actions to be taken to improve maritime transportation safety. 
H.R. 6175 incorporates several of the actions detailed in that 
final action memorandum which required legislative action to 
amend or provide new authority.

                                Hearings

    The bill was not subject to a hearing by the Subcommittee 
on Coast Guard and Maritime Transportation, however, on January 
30, 2018, the Subcommittee held a hearing to examine the 
official Coast Guard and National Transportation Safety Board 
reports and the Commandant's final action memo on the El Faro 
casualty incident.

                 Legislative History and Consideration

    On June 21, 2018, H.R. 6175 was introduced by Congressman 
Duncan Hunter (R-CA). The bill was referred solely to the 
Committee on Transportation and Infrastructure.
    On June 27, 2018, the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 6175. No 
amendments were offered. The Committee ordered the bill 
reported favorably to the House by voice vote with a quorum 
present.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. There were no recorded votes taken in connection 
with consideration of H.R. 6175. A motion to order H.R. 6175 
reported favorably to the House was agreed to by voice vote 
with a quorum present.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 6175 from the 
Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 11, 2018.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 6175, the Maritime 
Safety Act of 2018.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 6175--Maritime Safety Act of 2018

    Summary: H.R. 6175 would require the Coast Guard (USCG) to 
pursue a variety of activities aimed at improving maritime 
safety. Using information from the agency, CBO estimates that 
meeting the bill's requirements would cost $5 million over the 
2019-2023 period; any such spending would be subject to the 
availability of appropriated funds.
    Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 6175 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    H.R. 6175 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA).
    H.R. 6175 would impose private-sector mandates on shipping 
companies that operate freight vessels regulated by the USCG. 
CBO estimates that the incremental costs of the requirements in 
H.R. 6175 would be small and would fall below the annual 
threshold for private-sector mandates established in UMRA ($160 
million in 2018, adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of H.R. 6175 is shown in the following table. 
The costs of the legislation fall within budget function 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                                By fiscal year, in millions of dollars--
                                                      ----------------------------------------------------------
                                                        2018    2019    2020    2021    2022    2023   2019-2023
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Estimated Authorization Level........................       0       1       1       1       1       1         5
Estimated Outlays....................................       0       1       1       1       1       1         5
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
6175 will be enacted near the start of fiscal year 2019, and 
that the necessary funds will be available each year.
    H.R. 6175 would specify a variety of new regulatory and 
administrative requirements for the USCG regarding maritime 
safety. Using information from the USCG, CBO estimates that 
implementing most provisions of the bill would not 
significantly affect the agency's costs because they are 
largely consistent with activities the agency intends to pursue 
under current law. However, CBO expects that carrying out a 
proposed program to increase training of USCG personnel 
involved in safety-related inspections and audits would require 
additional funding. Based on historical costs of similar 
training efforts, CBO estimates that implementing that training 
program would cost about $1 million annually.
    The bill also would direct the Government Accountability 
Office to conduct an audit of the implementation and 
effectiveness of safety management plans that the USCG requires 
of the entities it regulates. CBO estimates that the cost to 
complete the audit would total less than $500,000.
    Pay-As-You-Go considerations: None.
    Increase in long-term direct spending and deficits: CBO 
estimates that enacting H.R. 6175 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2029.
    Mandates: H.R. 6175 contains no intergovernmental mandates 
as defined in UMRA.
    H.R. 6175 would impose private-sector mandates on shipping 
companies that operate freight vessels regulated by the USCG. 
Specifically, the bill would require those companies to ensure 
that each vessel they operate is outfitted with equipment to 
signal distress for every crew member onboard. The bill also 
would require those companies to track incremental weight 
changes to vessels over time and to maintain records of those 
changes for the life of each vessel. Finally, for vessels built 
prior to 1992, the bill would require shipping companies to 
include comprehensive information about damage control in the 
safety management plans that are required by USCG regulations. 
Using information from the USCG and the shipping industry, CBO 
estimates that fewer than 200 freight vessels in the United 
States would be affected by the requirements. Furthermore, 
because most shipping companies are already complying to some 
degree with similar requirements under current regulations, CBO 
estimates that the incremental costs of the requirements in 
H.R. 6175 would be small and would fall below the annual 
threshold for private-sector mandates established in UMRA ($160 
million in 2018, adjusted annually for inflation).
    Estimate prepared by: Federal Costs: Megan Carroll; 
Mandates: Jon Sperl.
    Estimate reviewed by: Kim P. Cawley, Chief, Natural and 
Physical Resources Cost Estimates Unit; Susan Willie, Chief, 
Mandates Unit; H. Samuel Papenfuss, Deputy Assistant Director 
for Budget Analysis.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to 
enhance maritime transportation safety, and includes reforms to 
Coast Guard authorities, training and safety standards and 
regulations governing U.S. flag maritime carriers and 
operators.

                          Advisory of Earmarks

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. No 
provision in the bill includes an earmark, limited tax benefit, 
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of 
rule XXI.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 6175 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program, a program that was included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                  Disclosure of Directed Rule Makings

    Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017), 
the Committee finds that enacting H.R. 6175 does not direct the 
completion of a specific rule making within the meaning of 
section 551 of title 5, United States Code.

                       Federal Mandate Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 6175 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No new advisory committees within the meaning of section 
5(b) of the Federal Advisory Committee Act are created by this 
legislation.

                  Applicability of Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

               Section-by-Section Analysis of Legislation


Sec. 1. Short title

    This section designates the short title as the ``Maritime 
Safety Act of 2018''.

Sec. 2. Table of contents

    This section provides a table of contents for the bill.

Sec. 3. Definitions

    This section defines ``Commandant'' as the Commandant of 
the Coast Guard, ``recognized organization'' as defined in 
title 46 of the Code of Federal Regulations, and ``Secretary'' 
as the Secretary of the department in which the Coast Guard is 
operating.

Sec. 4. Domestic vessel compliance

    This section requires the Commandant to annually publish 
information regarding domestic vessel compliance with safety 
standards and regulations on a publicly-accessible website.

Sec. 5. Safety management system

    This section directs the Comptroller General to conduct an 
audit of the implementation and effectiveness of safety 
management plans developed by U.S. flag vessel carriers 
required under chapter 32 of title 46, United States Code, and 
to submit a report detailing the results of the audit to the 
Committees of jurisdiction in the House of Representatives and 
the Senate.

Sec. 6. Equipment requirements

    This section amends section 3306 of title 46, United States 
Code, to add new subsections (l) and (m).
    The new subsection (l) requires that inspected freight 
vessels be outfitted with distress signaling and locating 
technologies for the higher of the minimum complement of 
officers and crew specified on the certificate of inspection, 
or, the number of persons onboard.
    The new subsection (m) directs the Secretary, through 
regulations, to require companies of inspected freight vessels 
to maintain records, both onboard the vessel and shore side, of 
all weight changes made to such vessels and to track weight 
changes over time to ensure the maintenance of stability during 
operation of the vessel. This section also directs the 
Commandant to seek to enter into negotiation through the 
International Maritime Organization to require high water alarm 
sensors in vessel cargo holds that connect with audible and 
visual alarms on the navigation bridge of freight vessels.

Sec. 7. Voyage data recorder; access

    This section amends chapter 63 of title 46, United States 
Code, to require that the Coast Guard have full and timely 
access to voyage data recorder data and audio recordings held 
by any Federal agency in all marine casualty investigations.

Sec. 8. Voyage data recorder; requirements

    This section requires the Commandant seek to enter into 
negotiation through the International Maritime Organization to 
require that all voyage data recorders be installed on vessels 
in a float-free arrangement and contain an integrated emergency 
position-indicating radio beacon. The Commandant is required to 
submit a progress update no later than three years after 
enactment of this Act.
    This section also requires the Commandant to submit a cost-
benefit analysis on the possibility of capturing communications 
on the internal telephone systems installed onboard commercial 
vessels to the Committees of jurisdiction in the House of 
Representatives and the Senate.

Sec. 9. Survival and locating equipment

    This section requires the Commandant to procure equipment 
that will allow for search and rescue units to attach a radio, 
strobe, or beacon to an object that is not immediately 
retrievable to increase the likelihood of relocating and 
retrieving the object when it is safe to do so.

Sec. 10. Training of Coast Guard personnel

    This section requires the Commandant to establish certain 
training programs for Coast Guard personnel, including: an 
Officer in Charge, Marine Inspections segment in the sector 
commander indoctrination course; steam plant inspection 
training for Coast Guard marine inspector and, subject to 
availability, recognized organizations; and, advanced 
journeyman inspector training to provide instruction on the 
oversight of recognized organizations.
    This section also requires the Commandant to submit a 
report detailing other options to maintain marine safety 
knowledge within the Coast Guard to the Committees of 
jurisdiction in the House of Representatives and the Senate.
    In addition, this section requires the Commandant to update 
Coast Guard policy to utilize risk analysis to target the 
attendance of Coast Guard personnel during safety management 
certificate and document of compliance audits, as well as to 
perform a quality assurance audit of recognized organization 
representation and performance regarding their third party 
inspections of U.S. flagged vessels under the Coast Guard's 
Alternate Compliance Program.

Sec. 11. Major marine casualty

    This section amends section 6101(i)(3) of title 46, United 
States Code, to increase the dollar amount to $2 million for 
property damage to qualify a casualty involving a vessel as a 
``major marine casualty'' and thereby trigger a formal 
investigation.

Sec. 12. Reviews, briefings, and reports

    This section requires the Commandant to review policies and 
procedures for documenting major conversion determinations and 
to provide a briefing to the Committees of jurisdiction in the 
House of Representatives and the Senate.
    This section also requires the Commandant to review policy 
regarding vessel ventilators, openings, and stability standards 
and provide a briefing to the Committees of jurisdiction in the 
House of Representatives and the Senate.
    In addition, this section requires the Commandant to 
provide a briefing on the reliability of self-locating datum 
marker buoys and other similar technology to the Committees of 
jurisdiction in the House of Representatives and the Senate.
    This section also directs the Commandant complete 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, and to 
submit the results of the assessment to the Committees of 
jurisdiction in the House of Representative and Senate.

Sec. 13. Flag State guidance and supplements

    This section requires the Secretary to issue flag state 
guidance for freight vessels built prior to January 1, 1992, to 
include comprehensive damage control information in their 
safety management plans.
    This section also requires the Commandant to work with 
recognized organizations to create a single U.S. supplement to 
class rules and to provide a briefing on the costs and benefits 
of revising the Code of Federal Regulations to authorize only 
one such supplement to the Committees of jurisdiction in the 
House of Representatives and Senate.

Sec. 14. Marine safety strategy

    This section amends section 2116 of title 46, United States 
Code, to change the frequency of the submission of the long-
term strategy for improving vessel safety and safety of 
individuals on vessels from annually to triennially.

Sec. 15. Recognized organizations; oversight

    This section amends section 3316 of title 46, United States 
Code, to establish an office within the Coast Guard to conduct 
comprehensive and targeted oversight of all recognized 
organizations that act on behalf of the Coast Guard.

Sec. 16. Timely weather forecasts

    This section requires the Commandant to seek to enter into 
negotiations through the International Maritime Organization to 
amend the International Convention for the Safety of Life at 
Sea to ensure that parties to the Convention receive timely 
synoptic and graphical chart weather forecasts to alert vessels 
at sea.

Sec. 17. Marine safety implementation status

    This section requires the Commandant to provide updates on 
the status of implementation of actions outlined in the 
Commandant's final action memo regarding the investigation of 
the sinking of the vessel SS El Faro to the Committees of 
jurisdiction of the House of Representatives and the Senate 
annually for three years.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 46, UNITED STATES CODE



           *       *       *       *       *       *       *
SUBTITLE II--VESSELS AND SEAMEN

           *       *       *       *       *       *       *


PART A--GENERAL PROVISIONS

           *       *       *       *       *       *       *


CHAPTER 21--GENERAL

           *       *       *       *       *       *       *


Sec. 2116. Marine safety strategy, goals, and performance assessments

  (a) Long-Term Strategy and Goals.--In conjunction with 
existing federally required strategic planning efforts, the 
Secretary shall develop a long-term strategy for improving 
vessel safety and the safety of individuals on vessels. The 
strategy shall include the issuance [each year of an annual] of 
a triennial plan and schedule for achieving the following 
goals:
          (1) Reducing the number and rates of marine 
        casualties.
          (2) Improving the consistency and effectiveness of 
        vessel and operator enforcement and compliance 
        programs.
          (3) Identifying and targeting enforcement efforts at 
        high-risk vessels and operators.
          (4) Improving research efforts to enhance and promote 
        vessel and operator safety and performance.
  (b) Contents of Strategy and [Annual] Triennial Plans.--
          (1) Measurable goals.--The strategy and [annual] 
        triennial plans shall include specific numeric or 
        measurable goals designed to achieve the goals set 
        forth in subsection (a). The purposes of the numeric or 
        measurable goals are the following:
                  (A) To increase the number of safety 
                examinations on all high-risk vessels.
                  (B) To eliminate the backlog of marine 
                safety-related rulemakings.
                  (C) To improve the quality and effectiveness 
                of marine safety information databases by 
                ensuring that all Coast Guard personnel 
                accurately and effectively report all safety, 
                casualty, and injury information.
                  (D) To provide for a sufficient number of 
                Coast Guard marine safety personnel, and 
                provide adequate facilities and equipment to 
                carry out the functions referred to in section 
                93(c) of title 14.
          (2) Resource needs.--The strategy and [annual] 
        triennial plans shall include estimates of--
                  (A) the funds and staff resources needed to 
                accomplish each activity included in the 
                strategy and plans; and
                  (B) the staff skills and training needed for 
                timely and effective accomplishment of each 
                goal.
  (c) Submission With the President's Budget.--Beginning with 
[fiscal year 2011 and each fiscal year] fiscal year 2020 and 
triennially thereafter, the Secretary shall submit to Congress 
the strategy and [annual plan] triennial plan not later than 60 
days following the transmission of the President's budget 
submission under section 1105 of title 31.
  (d) Achievement of Goals.--
          (1) Progress assessment.--No less frequently than 
        semiannually, the Coast Guard Commandant shall assess 
        the progress of the Coast Guard toward achieving the 
        goals set forth in subsection (b). The Commandant shall 
        convey the Commandant's assessment to the employees of 
        the marine safety workforce and shall identify any 
        deficiencies that should be remedied before the next 
        progress assessment.
          (2) Report to congress.--The Secretary shall report 
        [annually] triennially to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, 
        and Transportation of the Senate--
                  (A) on the performance of the marine safety 
                program in achieving the goals of the marine 
                safety strategy and annual plan under 
                subsection (a) for the year covered by the 
                report;
                  (B) on the program's mission performance in 
                achieving numerical measurable goals 
                established under subsection (b), including--
                          (i) the number of civilian and 
                        military Coast Guard personnel assigned 
                        to marine safety positions; and
                          (ii) an identification of marine 
                        safety positions that are understaffed 
                        to meet the workload required to 
                        accomplish each activity included in 
                        the strategy and plans under subsection 
                        (a); and
                  (C) recommendations on how to improve 
                performance of the program.

           *       *       *       *       *       *       *


PART B--INSPECTION AND REGULATION OF VESSELS

           *       *       *       *       *       *       *


CHAPTER 33--INSPECTION GENERALLY

           *       *       *       *       *       *       *


Sec. 3306. Regulations

  (a) To carry out this part and to secure the safety of 
individuals and property on board vessels subject to 
inspection, the Secretary shall prescribe necessary regulations 
to ensure the proper execution of, and to carry out, this part 
in the most effective manner for--
          (1) the design, construction, alteration, repair, and 
        operation of those vessels, including superstructures, 
        hulls, fittings, equipment, appliances, propulsion 
        machinery, auxiliary machinery, boilers, unfired 
        pressure vessels, piping, electric installations, and 
        accommodations for passengers and crew, sailing school 
        instructors, and sailing school students;
          (2) lifesaving equipment and its use;
          (3) firefighting equipment, its use, and 
        precautionary measures to guard against fire;
          (4) inspections and tests related to paragraphs (1), 
        (2), and (3) of this subsection; and
          (5) the use of vessel stores and other supplies of a 
        dangerous nature.
  (b)(1) Equipment and material subject to regulation under 
this section may not be used on any vessel without prior 
approval of the Secretary.
          (2) Except with respect to use on a public vessel, 
        the Secretary may treat an approval of equipment or 
        materials by a foreign government as approval by the 
        Secretary for purposes of paragraph (1) if the 
        Secretary determines that--
                  (A) the design standards and testing 
                procedures used by that government meet the 
                requirements of the International Convention 
                for the Safety of Life at Sea, 1974;
                  (B) the approval of the equipment or material 
                by the foreign government will secure the 
                safety of individuals and property on board 
                vessels subject to inspection; and
                  (C) for lifesaving equipment, the foreign 
                government--
                          (i) has given equivalent treatment to 
                        approvals of lifesaving equipment by 
                        the Secretary; and
                          (ii) otherwise ensures that 
                        lifesaving equipment approved by the 
                        Secretary may be used on vessels that 
                        are documented and subject to 
                        inspection under the laws of that 
                        country.
  (c) In prescribing regulations for sailing school vessels, 
the Secretary shall consult with representatives of the private 
sector having experience in the operation of vessels likely to 
be certificated as sailing school vessels. The regulations 
shall--
          (1) reflect the specialized nature of sailing school 
        vessel operations, and the character, design, and 
        construction of vessels operating as sailing school 
        vessels; and
          (2) include requirements for notice to sailing school 
        instructors and sailing school students about the 
        specialized nature of sailing school vessels and 
        applicable safety regulations.
  (d) In prescribing regulations for nautical school vessels 
operated by the United States Merchant Marine Academy or by a 
State maritime academy (as defined in section 51102 of this 
title), the Secretary shall consider the function, purpose, and 
operation of the vessels, their routes, and the number of 
individuals who may be carried on the vessels.
  (e) When the Secretary finds it in the public interest, the 
Secretary may suspend or grant exemptions from the requirements 
of a regulation prescribed under this section related to 
lifesaving and firefighting equipment, muster lists, ground 
tackle and hawsers, and bilge systems.
  (f) In prescribing regulations for offshore supply vessels, 
the Secretary shall consider the characteristics, methods of 
operation, and the nature of the service of offshore supply 
vessels.
  (g) In prescribing regulations for fish processing or fish 
tender vessels, the Secretary shall consult with 
representatives of the private sector having experience in the 
operation of these vessels. The regulations shall reflect the 
specialized nature and economics of fish processing or fish 
tender vessel operations and the character, design, and 
construction of fish processing or fish tender vessels.
  (h) The Secretary shall establish appropriate structural fire 
protection, manning, operating, and equipment requirements for 
vessels of at least 100 gross tons but less than 300 gross tons 
as measured under section 14502 of this title, or an alternate 
tonnage measured under section 14302 of this title as 
prescribed by the Secretary under section 14104 of this title 
carrying not more than 150 passengers on domestic voyages, 
which meet the eligibility criteria of section 2113(4) of this 
title.
  (i) The Secretary shall establish appropriate structural fire 
protection, manning, operating, and equipment requirements for 
former public vessels of the United States of at least 100 
gross tons but less that 500 gross tons as measured under 
section 14502 of this title, or an alternate tonnage measured 
under section 14302 of this title as prescribed by the 
Secretary under section 14104 of this title carrying not more 
than 150 passengers on domestic voyages, which meet the 
eligibility criteria of section 2113(5) of this title.
  (j) The Secretary may establish by regulation a safety 
management system appropriate for the characteristics, methods 
of operation, and nature of service of towing vessels.
  (k)(1) Each vessel of the United States that is constructed 
under a contract entered into after the date of enactment of 
the Maritime Safety Act of 2010, or that is delivered after 
January 1, 2011, with an aggregate capacity of 600 cubic meters 
or more of oil fuel, shall comply with the requirements of 
Regulation 12A under Annex I to the Protocol of 1978 relating 
to the International Convention for the Prevention of Pollution 
from Ships, 1973, entitled ``Oil Fuel Tank Protection''.
          (2) The Secretary may prescribe regulations to apply 
        the requirements described in Regulation 12A to vessels 
        described in paragraph (1) that are not otherwise 
        subject to that convention. Any such regulation shall 
        be considered to be an interpretive rule for the 
        purposes of section 553 of title 5.
          (3) In this subsection the term ``oil fuel'' means 
        any oil used as fuel in connection with the propulsion 
        and auxiliary machinery of the vessel in which such oil 
        is carried.
  (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.

           *       *       *       *       *       *       *


Sec. 3316. Classification societies

  (a) Each department, agency, and instrumentality of the 
United States Government shall recognize the American Bureau of 
Shipping as its agent in classifying vessels owned by the 
Government and in matters related to classification, as long as 
the Bureau is maintained as an organization having no capital 
stock and paying no dividends. The Secretary and the Secretary 
of Transportation each shall appoint one representative (except 
when the Secretary is the Secretary of Transportation, in which 
case the Secretary shall appoint both representatives) who 
shall represent the Government on the executive committee of 
the Bureau. The Bureau shall agree that the representatives 
shall be accepted by it as active members of the committee. The 
representatives shall serve without compensation, except for 
necessary traveling expenses.
  (b)(1) The Secretary may delegate to the American Bureau of 
Shipping or another classification society recognized by the 
Secretary as meeting acceptable standards for such a society, 
for a vessel documented or to be documented under chapter 121 
of this title, the authority to--
                  (A) review and approve plans required for 
                issuing a certificate of inspection required by 
                this part;
                  (B) conduct inspections and examinations; and
                  (C) issue a certificate of inspection 
                required by this part and other related 
                documents.
          (2) The Secretary may make a delegation under 
        paragraph (1) to a foreign classification society 
        only--
                  (A) to the extent that the government of the 
                foreign country in which the society is 
                headquartered delegates authority and provides 
                access to the American Bureau of Shipping to 
                inspect, certify, and provide related services 
                to vessels documented in that country;
                  (B) if the foreign classification society has 
                offices and maintains records in the United 
                States; and
                  (C) if the Secretary of State determines that 
                the foreign classification society does not 
                provide comparable services in or for a state 
                sponsor of terrorism.
          (3) When an inspection or examination has been 
        delegated under this subsection, the Secretary's 
        delegate--
                  (A) shall maintain in the United States 
                complete files of all information derived from 
                or necessarily connected with the inspection or 
                examination for at least 2 years after the 
                vessel ceases to be certified; and
                  (B) shall permit access to those files at all 
                reasonable times to any officer, employee, or 
                member of the Coast Guard designated--
                          (i) as a marine inspector and serving 
                        in a position as a marine inspector; or
                          (ii) in writing by the Secretary to 
                        have access to those files.
  (c)(1) A classification society (including an employee or 
agent of that society) may not review, examine, survey, or 
certify the construction, repair, or alteration of a vessel in 
the United States unless the society has applied for approval 
under this subsection and the Secretary has reviewed and 
approved that society with respect to the conduct of that 
society under paragraph (2).
          (2) The Secretary may approve a person for purposes 
        of paragraph (1) only if the Secretary determines 
        that--
                  (A) the vessels surveyed by the person while 
                acting as a classification society have an 
                adequate safety record; and
                  (B) the person has an adequate program to--
                          (i) develop and implement safety 
                        standards for vessels surveyed by the 
                        person;
                          (ii) make the safety records of the 
                        person available to the Secretary in an 
                        electronic format;
                          (iii) provide the safety records of a 
                        vessel surveyed by the person to any 
                        other classification society that 
                        requests those records for the purpose 
                        of conducting a survey of the vessel; 
                        and
                          (iv) request the safety records of a 
                        vessel the person will survey from any 
                        classification society that previously 
                        surveyed the vessel.
  (d)(1) The Secretary may delegate to the American Bureau of 
Shipping or another classification society recognized by the 
Secretary as meeting acceptable standards for such a society, 
for a United States offshore facility, the authority to--
                  (A) review and approve plans required for 
                issuing a certificate of inspection, a 
                certificate of compliance, or any other 
                certification and related documents issued by 
                the Coast Guard pursuant to regulations issued 
                under section 30 of the Outer Continental Shelf 
                Lands Act (43 U.S.C. 1356); and
                  (B) conduct inspections and examinations.
          (2) The Secretary may make a delegation under 
        paragraph (1) to a foreign classification society only 
        if--
                  (A) the foreign society has offices and 
                maintains records in the United States;
                  (B)(i) the government of the foreign country 
                in which the foreign society is headquartered 
                delegates that authority to the American Bureau 
                of Shipping; or
                          (ii) the Secretary has entered into 
                        an agreement with the government of the 
                        foreign country in which the foreign 
                        society is headquartered that--
                                  (I) ensures the government of 
                                the foreign country will accept 
                                plan review, inspections, or 
                                examinations conducted by the 
                                American Bureau of Shipping and 
                                provide equivalent access to 
                                inspect, certify, and provide 
                                related services to offshore 
                                facilities located in that 
                                country or operating under the 
                                authority of that country; and
                                  (II) is in full accord with 
                                principles of reciprocity in 
                                regards to any delegation 
                                contemplated by the Secretary 
                                under paragraph (1); and
                  (C) the Secretary of State determines that 
                the foreign classification society does not 
                provide comparable services in or for a state 
                sponsor of terrorism.
          (3) If an inspection or examination is conducted 
        under authority delegated under this subsection, the 
        person to which the authority was delegated--
                  (A) shall maintain in the United States 
                complete files of all information derived from 
                or necessarily connected with the inspection or 
                examination for at least 2 years after the 
                United States offshore facility ceases to be 
                certified; and
                  (B) shall permit access to those files at all 
                reasonable times to any officer, employee, or 
                member of the Coast Guard designated--
                          (i) as a marine inspector and serving 
                        in a position as a marine inspector; or
                          (ii) in writing by the Secretary to 
                        have access to those files.
          (4) For purposes of this subsection--
                  (A) the term ``offshore facility'' means any 
                installation, structure, or other device 
                (including any vessel not documented under 
                chapter 121 of this title or the laws of 
                another country), fixed or floating, that 
                dynamically holds position or is temporarily or 
                permanently attached to the seabed or subsoil 
                under the sea; and
                  (B) the term ``United States offshore 
                facility'' means any offshore facility, fixed 
                or floating, that dynamically holds position or 
                is temporarily or permanently attached to the 
                seabed or subsoil under the territorial sea of 
                the United States or the outer Continental 
                Shelf (as that term is defined in section 2 of 
                the Outer Continental Shelf Lands Act (43 
                U.S.C. 1331)), including any vessel, rig, 
                platform, or other vehicle or structure subject 
                to regulation under section 30 of the Outer 
                Continental Shelf Lands Act (43 U.S.C. 1356).
  (e) The Secretary shall revoke a delegation made to a 
classification society under subsection (b) or (d) if the 
Secretary of State determines that the classification society 
provides comparable services in or for a state sponsor of 
terrorism.
  (f)(1) Upon request of an owner or operator of an offshore 
supply vessel, the Secretary shall delegate the authorities set 
forth in paragraph (1) of subsection (b) with respect to such 
vessel to a classification society to which a delegation is 
authorized under that paragraph. A delegation by the Secretary 
under this subsection shall be used for any vessel inspection 
and examination function carried out by the Secretary, 
including the issuance of certificates of inspection and all 
other related documents.
          (2) If the Secretary determines that a certificate of 
        inspection or related document issued under authority 
        delegated under paragraph (1) of this subsection with 
        respect to a vessel has reduced the operational safety 
        of that vessel, the Secretary may terminate the 
        certificate or document, respectively.
          (3) Not later than 2 years after the date of the 
        enactment of the Howard Coble Coast Guard and Maritime 
        Transportation Act of 2014, and for each year of the 
        subsequent 2-year period, the Secretary 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 
        report describing--
                  (A) the number of vessels for which a 
                delegation was made under paragraph (1);
                  (B) any savings in personnel and operational 
                costs incurred by the Coast Guard that resulted 
                from the delegations; and
                  (C) based on measurable marine casualty and 
                other data, any impacts of the delegations on 
                the operational safety of vessels for which the 
                delegations were made, and on the crew on those 
                vessels.
  (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.
  [(g)] (h) In this section, the term ``state sponsor of 
terrorism'' means any country the government of which the 
Secretary of State has determined has repeatedly provided 
support for acts of international terrorism pursuant to section 
6(j) of the Export Administration Act of 1979 (as continued in 
effect under the International Emergency Economic Powers Act), 
section 620A of the Foreign Assistance Act of 1961, section 40 
of the Arms Export Control Act, or any other provision of law.

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PART D--MARINE CASUALTIES

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CHAPTER 61--REPORTING MARINE CASUALTIES

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Sec. 6101. Marine casualties and reporting

  (a) The Secretary shall prescribe regulations on the marine 
casualties to be reported and the manner of reporting. The 
regulations shall require reporting the following marine 
casualties:
          (1) death of an individual.
          (2) serious injury to an individual.
          (3) material loss of property.
          (4) material damage affecting the seaworthiness or 
        efficiency of the vessel.
          (5) significant harm to the environment.
  (b) A marine casualty shall be reported within 5 days as 
provided in this part and regulations prescribed under this 
part. Each report filed under this section shall include 
information as to whether the use of alcohol contributed to the 
casualty.
  (c) Notice to State and Tribal Governments.--Not later than 
24 hours after receiving a notice of a major marine casualty 
under this section, the Secretary shall notify each State or 
federally recognized Indian tribe that is, or may reasonably be 
expected to be, affected by such marine casualty.
  (d)(1) This part applies to a foreign vessel when involved in 
a marine casualty on the navigable waters of the United States.
          (2) This part applies, to the extent consistent with 
        generally recognized principles of international law, 
        to a foreign vessel constructed or adapted to carry, or 
        that carries, oil in bulk as cargo or cargo residue 
        involved in a marine casualty described under 
        subsection (a)(4) or (5) in waters subject to the 
        jurisdiction of the United States, including the 
        Exclusive Economic Zone.
  (e) A marine casualty not resulting in the death of an 
individual shall be classified according to the gravity of the 
casualty, as prescribed by regulation, giving consideration to 
the extent of injuries to individuals, the extent of property 
damage, the dangers that the casualty creates, and the size, 
occupation, and means of propulsion of each vessel involved.
  (f)(1) This chapter applies to a marine casualty involving a 
United States citizen on a foreign passenger vessel operating 
south of 75 degrees north latitude, west of 35 degrees west 
longitude, and east of the International Date Line; or 
operating in the area south of 60 degrees south latitude that--
                  (A) embarks or disembarks passengers in the 
                United States; or
                  (B) transports passengers traveling under any 
                form of air and sea ticket package marketed in 
                the United States.
          (2) When there is a marine casualty described in 
        paragraph (1) of this subsection and an investigation 
        is conducted, the Secretary shall ensure that the 
        investigation--
                  (A) is thorough and timely; and
                  (B) produces findings and recommendations to 
                improve safety on passenger vessels.
          (3) When there is a marine casualty described in 
        paragraph (1) of this subsection, the Secretary may--
                  (A) seek a multinational investigation of the 
                casualty under auspices of the International 
                Maritime Organization; or
                  (B) conduct an investigation of the casualty 
                under chapter 63 of this title.
  (g) To the extent consistent with generally recognized 
practices and procedures of international law, this part 
applies to a foreign vessel involved in a marine casualty or 
incident, as defined in the International Maritime Organization 
Code for the Investigation of Marine Casualties and Incidents, 
where the United States is a Substantially Interested State and 
is, or has the consent of, the Lead Investigating State under 
the Code.
  (h) The Secretary shall publish all major marine casualty 
reports prepared in accordance with this section in an 
electronic form, and shall provide information electronically 
regarding how other marine casualty reports can be obtained.
  (i) For purposes of this section, the term ``major marine 
casualty'' means a casualty involving a vessel, other than a 
public vessel, that results in--
          (1) the loss of 6 or more lives;
          (2) the loss of a mechanically propelled vessel of 
        100 or more gross tons;
          (3) property damage initially estimated at [$500,000] 
        $2,000,000 or more; or
          (4) serious threat, as determined by the Commandant 
        of the Coast Guard with concurrence by the Chairman of 
        the National Transportation Safety Board, to life, 
        property, or the environment by hazardous materials.
  (j) The Secretary shall, as soon as possible, and no later 
than January 1, 2005, publish all marine casualty reports 
prepared in accordance with this section in an electronic form.

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              CHAPTER 63--INVESTIGATING MARINE CASUALTIES

Sec.
6301. Investigation of marine casualties.
     * * * * * * *
6309. Voyage data recorder access.

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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.

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