```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3140 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 3140

    To amend title 46, United States Code, to set standards for the 
  operation of uninspected commercial fishing vessels, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 2019

  Mr. Pappas introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
    To amend title 46, United States Code, to set standards for the 
  operation of uninspected commercial fishing vessels, 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 ``Commercial Fishing Industry Vessel 
Clarification Act''.

SEC. 2. UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS.

    (a) In General.--Subtitle II of title 46, United States Code, is 
amended by striking chapter 45 and inserting the following:

         ``CHAPTER 45--UNINSPECTED COMMERCIAL INDUSTRY VESSELS

``Sec.
``4501. Application.
``4502. Definitions.
``4503. Safety standards.
``4504. Vessel construction.
``4505. Operating stability.
``4506. Training.
``4507. Vessel certification.
``4508. Alternate safety compliance program.
``4509. Substitute safety compliance program.
``4510. Enhanced substitute safety compliance program.
``4511. Prohibited acts.
``4512. Termination of unsafe operations.
``4513. Penalties.
``4514. Compliance; Secretary actions.
``4515. Exemptions.
``4516. Regulations; considerations and limitations.
``4517. Fishing safety grants.
``Sec. 4501. Application
    ``(a) In General.--Except as provided in subsection (b), this 
chapter applies to an uninspected vessel that is a fishing vessel, fish 
processing vessel, or fish tender vessel.
    ``(b) Carriage of Bulk Dangerous Cargoes.--This chapter does not 
apply to the carriage of bulk dangerous cargoes regulated under chapter 
37.
``Sec. 4502. Definitions
    ``In this chapter:
            ``(1) The term `accountable vessel' means a vessel to which 
        this chapter applies that--
                    ``(A)(i) was built after December 31, 1988, or 
                undergoes a major conversion completed after that date; 
                and
                    ``(ii) operates with more than 16 individuals on 
                board; or
                    ``(B) in the case of a fish tender vessel, engages 
                in the Aleutian trade.
            ``(2) The term `auxiliary craft' means a vessel that is 
        carried onboard a fishing vessel and is normally used to 
        support fishing operations.
            ``(3)(A) The term `built' means, with respect to a vessel, 
        that the vessel's construction has reached any of the following 
        stages:
                    ``(i) The vessel's keel is laid.
                    ``(ii) Construction identifiable with the vessel 
                has begun and assembly of that vessel has commenced 
                comprising of at least 50 metric tons or one percent of 
                the estimated mass of all structural material, 
                whichever is less.
            ``(B) In the case of a vessel greater than 79 feet in 
        overall length, for purposes of subparagraph (A)(i), a keel is 
        deemed to be laid when a marine surveyor affirms that a 
        structure adequate for serving as a keel for such vessel is in 
        place and identified for use in the construction of such 
        vessel.
            ``(4) The term `subject vessel' means a vessel to which 
        this chapter applies that--
                    ``(A) operates beyond 3 nautical miles from the 
                baseline from which the territorial sea of the United 
                States is measured or beyond 3 nautical miles from the 
                coastline of the Great Lakes;
                    ``(B) operates with more than 16 individuals on 
                board; or
                    ``(C) in the case of a fish tender vessel, engages 
                in the Aleutian trade.
            ``(5) The term `substitute-eligible vessel' means a fishing 
        vessel or fish tender vessel that is--
                    ``(A) a subject vessel;
                    ``(B) at least 50 feet overall in length, and not 
                more than 180 feet overall in length as listed on the 
                vessel's certificate of documentation or certificate of 
                number; and
                    ``(C) built after February 8, 2016.
``Sec. 4503. Safety standards
    ``(a) In General.--The Secretary shall prescribe regulations that 
require that each vessel to which this chapter applies shall be 
equipped with--
            ``(1) readily accessible fire extinguishers capable of 
        promptly and effectively extinguishing a flammable or 
        combustible liquid fuel fire;
            ``(2) at least one readily accessible life preserver or 
        other lifesaving device for each individual on board;
            ``(3) an efficient flame arrestor, backfire trap, or other 
        similar device on the carburetors of each inboard engine that 
        uses gasoline as fuel;
            ``(4) the means to properly and efficiently ventilate 
        enclosed spaces, including engine and fuel tank compartments, 
        so as to remove explosive or flammable gases;
            ``(5) visual distress signals;
            ``(6) other equipment required to minimize the risk of 
        injury to the crew during vessel operations, if the Secretary 
        determines that a risk of serious injury exists that can be 
        eliminated or mitigated by that equipment; and
            ``(7) a placard as required by regulations prescribed under 
        section 10603(b).
    ``(b) Subject Vessels.--In addition to the requirements of 
subsection (a), the Secretary shall prescribe regulations requiring 
that subject vessels install, maintain, and use the following 
equipment:
            ``(1) Alerting and locating equipment, including emergency 
        position indicating radio beacons.
            ``(2)(A) Subject to subparagraph (B), a survival craft 
        that--
                    ``(i) ensures that no part of an individual is 
                immersed in water; and
                    ``(ii) is sufficient to accommodate all individuals 
                on board.
            ``(B) Except for a nonapplicable vessel, an auxiliary craft 
        shall satisfy the equipment requirement under paragraph (2)(B) 
        if such craft is--
                    ``(i) necessary for normal fishing operations;
                    ``(ii) readily accessible during an emergency; and
                    ``(iii) capable, in accordance with the Coast Guard 
                capacity rating, when applicable, of safely holding all 
                individuals on board the vessel to which the craft 
                functions as an auxiliary.
            ``(3) At least one readily accessible immersion suit for 
        each individual on board the vessel when operating on the 
        waters described in section 3102.
            ``(4) Marine radio communications equipment sufficient to 
        effectively communicate with a land-based search and rescue 
        facility.
            ``(5) Navigation equipment, including compasses, nautical 
        charts, and publications.
            ``(6) First aid equipment and medical supplies sufficient 
        for the size and area of operation of the vessel.
            ``(7) Ground tackle sufficient for the vessel.
    ``(c) Accountable Vessels.--In addition to the requirements 
described in subsections (a) and (b), the Secretary may prescribe 
regulations establishing minimum safety standards for accountable 
vessels, including standards relating to--
            ``(1) navigation equipment, including radars and 
        fathometers;
            ``(2) lifesaving equipment, immersion suits, signaling 
        devices, bilge pumps, bilge alarms, life rails, and grab rails;
            ``(3) fire protection and firefighting equipment, including 
        fire alarms and portable and semiportable fire extinguishing 
        equipment;
            ``(4) use and installation of insulation material;
            ``(5) storage methods for flammable or combustible 
        material; and
            ``(6) fuel, ventilation, and electrical systems.
``Sec. 4504. Vessel construction
    ``A vessel to which this chapter applies shall be constructed in a 
manner that provides a level of safety equivalent to the minimum safety 
standards the Secretary may establish for recreational vessels under 
section 4302, if the vessel is--
            ``(1) is a subject vessel;
            ``(2) less than 50 feet overall in length; and
            ``(3) built after January 1, 2010.
``Sec. 4505. Operating stability
    ``(a) Regulations.--The Secretary shall prescribe regulations for 
the operating stability of a vessel to which this chapter applies--
            ``(1) that was built after December 31, 1989; or
            ``(2) the physical characteristics of which are 
        substantially altered after December 31, 1989, in a manner that 
        affects the vessel's operating stability.
    ``(b) Evidence of Compliance.--The Secretary may accept, as 
evidence of compliance with this section, a certification of compliance 
issued by the person providing insurance for the vessel or by another 
qualified person approved by the Secretary.
``Sec. 4506. Training
    ``(a) In General.--The individual in charge of a subject vessel 
must pass a training program approved by the Secretary that meets the 
requirements of subsection (b) and hold a valid certificate issued 
under that program.
    ``(b) Training Program Requirements.--The training program shall--
            ``(1) be based on professional knowledge and skill obtained 
        through sea service and hands-on training, including training 
        in seamanship, stability, collision prevention, navigation, 
        firefighting and prevention, damage control, personal survival, 
        emergency medical care, emergency drills, and weather;
            ``(2) require an individual to demonstrate ability to 
        communicate in an emergency situation and understand 
        information found in navigation publications;
            ``(3) recognize and give credit for recent past experience 
        in fishing vessel operation; and
            ``(4) provide for issuance of a certificate to an 
        individual who has successfully completed the program.
    ``(c) Regulations.--The Secretary shall prescribe regulations 
implementing this subsection. The regulations shall require that an 
individual who is issued a certificate under subsection (b)(4) must 
complete refresher training at least once every 5 years as a condition 
of maintaining the validity of the certificate.
    ``(d) Electronic Database.--The Secretary shall establish an 
electronic database listing the names of individuals who have 
participated in and received a certificate confirming successful 
completion of a training program approved by the Secretary under this 
section.
``Sec. 4507. Vessel certification
    ``(a) In General.--A vessel to which this section applies may not 
be operated unless the vessel--
            ``(1) meets all survey and classification requirements 
        prescribed by the American Bureau of Shipping or another 
        similarly qualified organization approved by the Secretary; and
            ``(2) has on board a certificate issued by the American 
        Bureau of Shipping or such other organization evidencing 
        compliance with this subsection.
    ``(b) Application.--
            ``(1) Except as provided in section 4509, this section 
        applies to a fish processing vessel to which this chapter 
        applies that--
                    ``(A) is built after July 27, 1990; or
                    ``(B) undergoes a major conversion completed after 
                that date.
            ``(2)(A) Except as provided in subparagraph (B), this 
        section applies to a subject vessel that is at least 50 feet 
        overall in length and is built after July 1, 2013.
            ``(B) This section does not apply to a substitute-eligible 
        vessel if such vessel complies with--
                    ``(i) the substitute safety compliance program 
                established under section 4509; or
                    ``(ii) the enhanced substitute safety compliance 
                program established by the Secretary under section 
                4510.
``Sec. 4508. Alternate safety compliance program
    ``(a) In General.--
            ``(1) The Secretary shall establish an alternate safety 
        compliance program developed in coordination with the 
        commercial fishing industry.
            ``(2) The program established under paragraph (1) may 
        include requirements for--
                    ``(A) a specific region or fishery (or both); and
                    ``(B) any combination of regions or fisheries (or 
                both).
    ``(b) Vessels Required To Comply.--Beginning on the date that is 3 
years after the date the Secretary prescribes an alternate safety 
compliance program, the following vessels shall comply with such 
program:
            ``(1) A subject vessel that is--
                    ``(A) at least 50 feet overall in length;
                    ``(B) built before July 1, 2013; and
                    ``(C) 25 years of age or older.
            ``(2) A fishing vessel, fish processing vessel, or fish 
        tender vessel built before July 1, 2013, that undergoes a major 
        conversion completed after the date the Secretary prescribes an 
        alternate safety compliance program.
    ``(c) Exempt Vessels.--
            ``(1) Notwithstanding subsection (b), vessels owned by a 
        person that owns more than 30 vessels subject to that 
        subsection are not required to comply with alternate safety 
        compliance program requirements until January 1, 2030, if that 
        owner--
                    ``(A) enters into a compliance agreement with the 
                Secretary that provides for a fixed schedule for all 
                such vessels owned by that person to meet requirements 
                of such paragraph by such date; and
                    ``(B) is meeting such schedule.
            ``(2) A subject vessel that was classed before July 1, 
        2012, is exempt from the requirements of this section if such 
        vessel--
                    ``(A) remains subject to the requirements of a 
                classification society approved by the Secretary; and
                    ``(B) has on board a certificate from that society.
``Sec. 4509. Substitute safety compliance program
    ``(a) In General.--The Secretary shall establish a substitute 
safety compliance program for substitute-eligible vessels that includes 
the following requirements:
            ``(1) A substitute-eligible vessel shall be designed by an 
        individual licensed by a State as a naval architect or marine 
        engineer, and the design shall incorporate standards equivalent 
        to those prescribed by a classification society to which the 
        Secretary has delegated authority under section 3316 or another 
        qualified organization approved by the Secretary for purposes 
        of this paragraph.
            ``(2) Construction of a substitute-eligible vessel shall be 
        overseen and certified as being in accordance with its design 
        by a marine surveyor of an organization accepted by the 
        Secretary.
            ``(3) A substitute-eligible vessel shall--
                    ``(A) complete a stability test performed by a 
                qualified individual;
                    ``(B) have written stability and loading 
                instructions from a qualified individual that are 
                provided to the owner or operator; and
                    ``(C) have an assigned loading mark.
            ``(4) A substitute-eligible vessel shall not be 
        substantially altered without the review and approval of an 
        individual licensed by a State as a naval architect or marine 
        engineer before the beginning of such substantial alteration.
            ``(5) A substitute-eligible vessel shall undergo a 
        condition survey at least twice in 5 years, with not more than 
        3 years between surveys, to the satisfaction of a marine 
        surveyor of an organization accepted by the Secretary.
            ``(6) A substitute-eligible vessel shall undergo an out-of-
        water survey at least once every 5 years to the satisfaction of 
        a certified marine surveyor of an organization accepted by the 
        Secretary.
            ``(7) Once every 5 years, and at the time of a substantial 
        alteration to a substitute-eligible vessel, compliance of the 
        vessel with the requirements of paragraph (3) is reviewed and 
        updated as necessary.
            ``(8) For the life of a substitute-eligible vessel, the 
        owner of the vessel shall maintain records to demonstrate 
        compliance with this subsection and make such records readily 
        available for inspection by an official authorized to enforce 
        this chapter.
    ``(b) Compliance.--Section 4507 of this title shall not apply to a 
substitute-eligible vessel that complies with the requirements of the 
program established under this section.
    ``(c) Report.--Not later than February 8, 2026, the Secretary 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 report that provides an analysis of the 
adequacy of the substitute safety compliance program requirements 
established under subsection (a) in maintaining the safety of 
substitute-eligible fishing vessels and fish tender vessels and that 
comply with such requirements.
``Sec. 4510. Enhanced substitute safety compliance program
    ``(a) In General.--If the report required under section 4509(c) 
includes a determination that the substitute safety compliance program 
established under section 4509(a) is not adequate or that additional 
safety measures are necessary, then the Secretary may establish an 
enhanced substitute safety compliance program for fishing vessels or 
fish tender vessels (or both) that are substitute-eligible vessels and 
that comply with the requirements of section 4509.
    ``(b) Requirements.--The enhanced substitute safety compliance 
program established under this subsection shall include requirements 
for--
            ``(1) vessel construction;
            ``(2) a vessel stability test;
            ``(3) vessel stability and loading instructions;
            ``(4) an assigned vessel loading mark;
            ``(5) a vessel condition survey at least twice in 5 years, 
        not more than 3 years apart;
            ``(6) an out-of-water vessel survey at least once every 5 
        years;
            ``(7) maintenance of records to demonstrate compliance with 
        the program, and the availability of such records for 
        inspection; and
            ``(8) such other aspects of vessel safety as the Secretary 
        considers appropriate.
    ``(c) Compliance.--Section 4507 shall not apply to a substitute-
eligible vessel that complies with the requirements of the program 
established under this section.
``Sec. 4511. Prohibited acts
    ``A person may not operate a vessel in violation of this chapter or 
a regulation prescribed under this chapter.
``Sec. 4512. Termination of unsafe operations
    ``An official authorized to enforce this chapter--
            ``(1) may direct the individual in charge of a vessel to 
        which this chapter applies to immediately take reasonable steps 
        necessary for the safety of individuals on board the vessel if 
        the official observes the vessel being operated in an unsafe 
        condition that the official believes creates an especially 
        hazardous condition, including ordering the individual in 
        charge to return the vessel to a mooring and to remain there 
        until the situation creating the hazard is corrected or ended; 
        and
            ``(2) may order the individual in charge of an uninspected 
        fish processing vessel that does not have on board the 
        certificate required under section 4507 to return the vessel to 
        a mooring and to remain there until the vessel is in compliance 
        with such section, unless the vessel is required to comply with 
        section 4508.
``Sec. 4513. Penalties
    ``(a) Civil Penalty.--The owner, charterer, managing operator, 
agent, master, and individual in charge of a vessel to which this 
chapter applies that is operated in violation of this chapter or a 
regulation prescribed under this chapter may each be assessed a civil 
penalty by the Secretary of not more than $10,260. Any vessel with 
respect to which a penalty is assessed under this subsection is liable 
in rem for the penalty.
    ``(b) Criminal Penalties.--An individual willfully violating this 
chapter or a regulation prescribed under this chapter shall be fined 
not more than $5,000, imprisoned for not more than one year, or both.
``Sec. 4514. Compliance; Secretary actions
    ``To ensure compliance with the requirements of this chapter, the 
Secretary--
            ``(1) shall require the individual in charge of a subject 
        vessel to keep a record of equipment maintenance, and required 
        instruction and drills;
            ``(2) shall examine at dockside a subject vessel at least 
        once every 5 years, but may require an exam at dockside every 2 
        years for certain subject vessels if requested by the owner or 
        operator; and
            ``(3) shall issue a certificate of compliance to a vessel 
        meeting the requirements of this chapter and satisfying the 
        requirements of paragraph (2).
``Sec. 4515. Exemptions
    ``The Secretary may exempt a vessel from any part of this chapter 
if, under regulations prescribed by the Secretary (including 
regulations on special operating conditions), the Secretary finds 
that--
            ``(1) good cause exists for granting an exemption; and
            ``(2) the safety of the vessel and those on board will not 
        be adversely affected.
``Sec. 4516. Regulations; considerations and limitations
    ``In prescribing a regulation under this chapter, the Secretary--
            ``(1) shall consider the specialized nature and economics 
        of the operations and the character, design, and construction 
        of the vessel; and
            ``(2) may not require the alteration of a vessel or 
        associated equipment that was constructed or manufactured 
        before the effective date of such regulation.
``Sec. 4517. Fishing safety grants
    ``(a) Safety Training Grants.--
            ``(1) Establishment.--The Secretary of Health and Human 
        Services shall establish a Fishing Safety Training Grant 
        Program to provide funding to municipalities, port authorities, 
        other appropriate public entities, not-for-profit 
        organizations, and other qualified persons that provide 
        commercial fishing safety training.
            ``(2) Use of funds.--Entities receiving funds under this 
        section may use such funds--
                    ``(A) to conduct fishing vessel safety training for 
                vessel operators and crewmembers that--
                            ``(i) in the case of vessel operators, 
                        meets the requirements of section 4506; and
                            ``(ii) in the case of crewmembers, meets 
                        the requirements of sections 4506(b)(1), 
                        4506(b)(4), 4506(c), and 4506(d), and such 
                        requirements of section 4506(b)(2) as are 
                        appropriate for crewmembers; and
                    ``(B) for purchase of safety equipment and training 
                aids for use in such fishing vessel safety training 
                programs.
            ``(3) Award criteria.--The Secretary of Health and Human 
        Services, in consultation with and based on criteria 
        established by the Commandant of the Coast Guard, shall award 
        grants under this subsection on a competitive basis.
            ``(4) Limitation on federal share of cost.--The Federal 
        share of the cost of any activity carried out with a grant 
        under this subsection shall not exceed 50 percent.
            ``(5) Authorization of appropriations.--There is authorized 
        to be appropriated $3,000,000 for each of fiscal years 2020 and 
        2021 for grants under this subsection.
    ``(b) Research Grant Program.--
            ``(1) Establishment.--The Secretary of Health and Human 
        Services shall establish a Fishing Safety Research Grant 
        Program to provide funding to individuals in academia, 
        nonprofit organizations, businesses involved in fishing and 
        maritime matters, and other persons with expertise in fishing 
        safety, to conduct research on methods of improving the safety 
        of the commercial fishing industry, including vessel design, 
        emergency and survival equipment, enhancement of vessel 
        monitoring systems, communications devices, de-icing 
        technology, and severe weather detection.
            ``(2) Award criteria.--The Secretary of Health and Human 
        Services, in consultation with and based on criteria 
        established by the Commandant of the Coast Guard, shall award 
        grants under this subsection on a competitive basis.
            ``(3) Limitation on federal share of cost.--The Federal 
        share of the cost of any activity carried out with a grant 
        under this subsection shall not exceed 50 percent.
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated $3,000,000 for each fiscal year 2020 and 
        2021 for activities under this subsection.''.
    (b) Conforming Amendment.--Section 3104(d) of title 46, United 
States Code, is amended by striking ``under section 4503(d)'' and 
inserting ``under section 4502(3)''.
    (c) Safety Standards.--Not later than 90 days after the date of the 
enactment of this Act, and without regard to the provisions of chapters 
5 and 6 of title 5, United States Code, the Secretary of the department 
in which the Coast Guard is operating shall promulgate the regulations 
required by section 4503(b) of title 46, United States Code, as amended 
by this section.
                                 <all>
```