I 
109TH CONGRESS 
1ST SESSION H. R. 2342 
To amend title 46, United States Code, to treat as a passenger vessel 
any vessel having berth or stateroom accommodations for more than 
399 passengers, to require that such a vessel be equipped with a voyage 
data recorder, and to ensure reliable medical testing of vessel pilots, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 12, 2005 
Mr. FOSSELLA introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To amend title 46, United States Code, to treat as a pas-
senger vessel any vessel having berth or stateroom ac-
commodations for more than 399 passengers, to require 
that such a vessel be equipped with a voyage data re-
corder, and to ensure reliable medical testing of vessel 
pilots, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ferry Safety Enhance-
ment Act of 2005’’.
SEC. 2. TREATMENT OF VESSELS CAPABLE OF CARRYING 
MORE THAN 399 PASSENGERS AS PASSENGER 
VESSELS. 
Section 2101(22) of title 46, United States Code, is 
amended by striking ‘‘or’’ after the semicolon at the end 
of subparagraph (B), by striking the period at the end 
of subparagraph (C) and inserting ‘‘; or’’, and by adding 
at the end the following: 
‘‘(D) carrying more than 399 passengers.’’. 
SEC. 3. VOYAGE DATA RECORDER REQUIREMENTS. 
(a) AUTHORITY
TO PRESCRIBE REGULATIONS.— 
Chapter 35 of title 46, United States Code, is amended 
by adding at the end the following: 
‘‘§ 3507. Voyage data recorders 
‘‘(a) The Secretary shall prescribe regulations that 
require that a passenger vessel described in section 
2101(22)(D) shall be equipped with a voyage data re-
corder approved in accordance with the regulations. 
‘‘(b) Regulations prescribed under subsection (a) 
shall establish— 
‘‘(1) standards for voyage data recorders re-
quired under the regulations; 
‘‘(2) methods for approval of models of voyage 
data recorders under the regulations; and
‘‘(3) procedures for annual performance testing 
of voyage data recorders required under the regula-
tions. 
‘‘(c) To implement this section and regulations pre-
scribed under this section there is authorized to be appro-
priated to the Secretary $1,500,000 each fiscal year.’’. 
(b) DEADLINE FOR REGULATIONS.—The Secretary 
(as that term is used in chapter 35 of title 46, United 
States Code) shall initiate the prescribing of regulations 
under section 3507(a)(1) of title 46, United States Code, 
as amended by this section, by not later than 6 months 
after the date of the enactment of this Act. 
(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 35 of title 46, United States 
Code, is amended by adding at the end the following: 
‘‘3507. Voyage data recorders.’’. 
SEC. 4. ENSURING RELIABLE MEDICAL TESTING OF VESSEL 
PILOTS. 
(a) SUBMISSION
OF
ALL
PHYSICAL
EXAMINA-
TIONS.—The head of the department in which the Coast 
Guard is operating shall revise section 10.709 of title 46, 
Code of Federal Regulations, to require that an individual 
to whom that section applies shall submit to the Coast 
Guard the results of all physical examinations of the indi-
vidual.
(b) INCREASE IN PENALTIES FOR FALSIFICATION OF 
PHYSICAL EXAMINATION REPORT.—In lieu of the pen-
alties provided under section 1001 of title 18, United 
States Code, any person that violates that section in pre-
paring any report on the findings of a physical examina-
tion of an individual to whom section 10.709 of title 46, 
Code of Federal Regulations, as revised under subsection 
(a), applies shall be fined under title 18, United States 
Code, and imprisoned for not more than 5 years. 
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