I
104TH CONGRESS
2D SESSION
H. R. 2916
To amend title 46, United States Code, to ensure the safety of towing
vessels.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 31, 1996
Mr. KENNEDY of Rhode Island (for himself and Mr. REED) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
A BILL
To amend title 46, United States Code, to ensure the safety
of towing vessels.
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 ‘‘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 follow-
ing:
‘‘(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 ves-
sels;
‘‘(B) consult with the Towing Safety Advisory
Committee; and
‘‘(C) require, to the extent appropriate, the in-
stallation, maintenance, and use of and familiarity
with the following equipment on each towing vessel,
other than a towing vessel that is used only for tow-
ing 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 Sec-
retary 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 op-
erate, the master of the vessel shall exercise due dili-
gence to restore the equipment to effective operating
condition, or cause it to be restored to that condi-
tion, 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 naviga-
tional publication and equipment requirements under sub-
section (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 CAS-
UALTY.—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 DIF-
FERENTIAL 
GLOBAL 
POSITIONING 
SAT-
ELLITE 
NAVIGATION 
SYSTEM 
AND 
ELEC-
TRONIC CHARTS FOR INLAND WATERWAYS.
Not later than 6 months after the date of the enact-
ment of this Act, the Secretary of Transportation shall
submit a report to the Congress on the feasibility of estab-
lishing a differential global positioning satellite navigation
system and creating electronic charts for the inland water-
ways of the United States.
SEC. 5. PROTECTION OF SEAMEN AGAINST DISCRIMINA-
TION.
Section 2114 of title 46, United States Code, is
amended—
(1) by amending subsection (a) to read as fol-
lows:
‘‘(a) An owner, charterer, managing operator, agent,
master, or individual in charge of a vessel may not dis-
charge, temporarily remove, or in any manner discrimi-
nate 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 is-
sued under this subtitle, has occurred; or
‘‘(2) refuses to violate this subtitle or a regula-
tion 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 in-
dividual 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 oper-
ation of towing vessels and to other qualified persons, the
authority to conduct examinations required for the issu-
ance of a license as a master or mate of a towing vessel.’’.
(c) EXISTING UNINSPECTED TOWING VESSEL OPER-
ATOR 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 re-
newed. The Secretary shall require that an individual ap-
plying 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 follow-
ing:
‘‘(14) towing vessels.’’.
(b) EXCEPTION.—Section 3302 of title 46, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(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.’’.