SEC. 201. Short Title.
This title may be cited as the “Hamm Alert Maritime Safety Act of 2018”.
Title II — Maritime Safety
TITLE II Maritime Safety
SEC. 202. Findings.
Congress finds the following:
On September 29, 2015, the SS El Faro cargo vessel left Jacksonville, Florida bound for San Juan, Puerto Rico, carrying 391 shipping containers, 294 trailers and cars, and a crew of 33 people, including 28 Americans.
On the morning of October 1, the El Faro sent its final communication reporting that the engines were disabled and the ship was listing, leaving the ship directly in the path of Hurricane Joaquin and resulting in the sinking of the vessel and the loss of all 33 lives.
The National Transportation Safety Board and the Coast Guard made recommendations to address safety issues, such as improving weather information and training, improving planning and response to severe weather, reviewing the Coast Guard’s program delegating vessel inspections to third-party organizations to assess the effectiveness of the program, and improving alerts and equipment on the vessels, among other recommendations.
Safety issues are not limited to the El Faro. For 2017, over 21,000 deficiencies were issued to United States commercial vessels and more than 2,500 U.S. vessels were issued “no-sail” requirements.
The maritime industry, particularly the men and women of the United States merchant marine, play a vital and important role to the national security and economy of our country, and a strong safety regime is necessary to ensure the vitality of the industry and the protection of current and future mariners, and to honor lost mariners.
SEC. 203. Definitions.
In this title:
Commandant.— The term “Commandant” means the Commandant of the Coast Guard.
Recognized organization.— 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 this Act.
Secretary.— The term “Secretary” means the Secretary of the department in which the Coast Guard is operating.
SEC. 204. Domestic Vessel Compliance.
In General.— Not later than 60 days after the date on which the President submits to the Congress a budget each year pursuant to section 1105 of title 31, United States Code, the Commandant shall publish on a publicly accessible Website information documenting domestic vessel compliance with the requirements of subtitle II of title 46, United States Code.
Content.— The information required under subsection (a) shall—
include flag-State detention rates for each type of inspected vessel; and
identify any recognized organization that inspected or surveyed a vessel that was later subject to a Coast Guard-issued control action attributable to a major nonconformity that the recognized organization failed to identify in such inspection or survey.
SEC. 205. Safety Management System.
In General.— The Comptroller General of the United States shall conduct an audit regarding the implementation and effectiveness of the Coast Guard’s oversight and enforcement of safety management plans required under chapter 32 of title 46, United States Code.
Scope.— The audit conducted under subsection (a) shall include an evaluation of—
the effectiveness and implementation of safety management plans, including such plans for—
a range of vessel types and sizes; and
vessels that operate in a cross-section of regional operating areas; and
the effectiveness and implementation of safety management plans in addressing the impact of heavy weather.
Report.— Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report detailing the results of the audit and providing recommendations related to such results, including ways to streamline and focus such plans on ship safety.
Marine Safety Alert.— Not later than 60 days after the date the report is submitted under subsection (c), the Commandant shall publish a Marine Safety Alert providing notification of the completion of the report and including a link to the report on a publicly accessible website.
Additional Actions.—
In general.— Upon completion of the report under subsection (c), the Commandant shall consider additional guidance or a rulemaking to address any deficiencies identified, and any additional actions recommended, in the report.
Report.— Not later than 1 year after the date the report is submitted under subsection (c), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the actions the Commandant has taken to address any deficiencies identified, and any additional actions recommended, in the report submitted under subsection (c).
SEC. 206. Equipment Requirements.
Regulations.—
In general.— Section 3306 of title 46, United States Code, is amended by adding at the end the following:
“(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.”
Deadlines.— The Secretary shall—
begin implementing the requirement under section 3306(l) of title 46, United States Code, as amended by this subsection, by not later than 1 year after the date of the enactment of this Act; and
promulgate the regulations required under section 3306(m) of title 46, United States Code, as amended by this subsection, by not later than 1 year after the date of the enactment of this Act.
Engagement.— Not later than 1 year after the date of the enactment of this Act, the Commandant shall seek to enter into negotiations through the International Maritime Organization to amend regulation 25 of chapter II–1 of the International Convention for the Safety of Life at Sea to require a high-water alarm sensor in each cargo hold of a freight vessel (as that term is defined in section 2101 of title 46, United States Code), that connects with audible and visual alarms on the navigation bridge of the vessel.
SEC. 207. Voyage Data Recorder; Access.
In General.— Chapter 63 of title 46, United States Code, is amended by adding at the end the following:
Ҥ 6309. Voyage data recorder access
“Notwithstanding any other provision of law, the Coast Guard shall have full, concurrent, 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.”
Clerical Amendment.— The analysis for such chapter is amended by adding at the end the following:
“6309. Voyage data recorder access.”.
SEC. 208. Voyage Data Recorder; Requirements.
Float-Free and Beacon Requirements.—
In general.— Not later than 1 year after the date of the enactment of this Act, the Commandant shall seek to enter into negotiations through the International Maritime Organization to amend regulation 20 of chapter V of the International Convention for the Safety of Life at Sea to require that all voyage data recorders are installed in a float-free arrangement and contain an integrated emergency position indicating radio beacon.
Progress update.— Not later than 3 years after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an update on the progress of the engagement required under paragraph (1).
Cost-Benefit Analysis.— Not later than 2 years after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a cost-benefit analysis of requiring that voyage data recorders installed on commercial vessels documented under chapter 121 of title 46, United States Code, capture communications on the internal telephone systems of such vessels, including requiring the capture of both sides of all communications with the bridge onboard such vessels.
SEC. 209. Survival and Locating Equipment.
Not later than 2 years after the date of the enactment of this Act, the Commandant shall, subject to the availability of appropriations, identify and procure equipment that will provide search-and-rescue units the ability to attach a radio or Automated Identification System strobe or beacon to an object that is not immediately retrievable.
SEC. 210. Training of Coast Guard Personnel.
Prospective Sector Commander Training.— Not later than 1 year after the date of the enactment of this Act, the Commandant shall implement an Officer in Charge, Marine Inspections segment to the sector commander indoctrination course for prospective sector commanders without a Coast Guard prevention ashore officer specialty code.
Steamship Inspections.— Not later than 1 year after the date of the enactment of this Act, the Commandant shall implement steam plant inspection training for Coast Guard marine inspectors and, subject to availability, recognized organizations to which authority is delegated under section 3316 of title 46, United States Code.
Advanced Journeyman Inspector Training.—
In general.— Not later than 2 years after the date of the enactment of this Act, the Commandant shall establish advanced training to provide instruction on the oversight of recognized organizations to which authority is delegated under section 3316 of title 46, United States Code, auditing responsibilities, and the inspection of unique vessel types.
Recipients.— The Commandant shall—
require that such training be completed by senior Coast Guard marine inspectors; and
subject to availability of training capacity, make such training available to recognized organization surveyors authorized by the Coast Guard to conduct inspections.
Coast Guard Inspections Staff; Briefing.— Not later than 1 year after the date of the enactment of this Act, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing detailing—
the estimated time and funding necessary to triple the current size of the Coast Guard’s traveling inspector staff; and
other options available to the Coast Guard to enhance and maintain marine safety knowledge, including discussion of increased reliance on—
civilian marine inspectors;
experienced licensed mariners;
retired members of the Coast Guard;
arranging for Coast Guard inspectors to ride onboard commercial oceangoing vessels documented under chapter 121 of title 46, United States Code, to gain experience and insight; and
extending tour-lengths for Coast Guard marine safety officers assigned to inspection billets.
Audits; Coast Guard Attendance and Performance.— Not later than 180 days after the date of the enactment of this Act, the Commandant shall—
update Coast Guard policy to utilize risk analysis to target the attendance of Coast Guard personnel during external safety management certificate and document of compliance audits; and
perform a quality assurance audit of recognized organization representation and performance regarding United States-flagged vessels.
SEC. 211. Major Marine Casualty Property Damage Threshold.
Section 6101(i)(3) of title 46, United States Code, is amended by striking “ $500,000” and inserting “ $2,000,000”.
SEC. 212. Reviews, Briefings, Reports, and Technical Corrections.
Major Conversion Determinations.—
Review of policies and procedures.— The Commandant shall conduct a review of policies and procedures for making and documenting major conversion determinations, including an examination of the deference given to precedent.
Briefing.— Not later than 1 year after the date of the enactment of this Act, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the findings of the review required by paragraph (1).
Ventilators, Openings and Stability Standards.—
Review.— Not later than 1 year after the date of the enactment of this Act, the Commandant shall complete a review of the effectiveness of United States regulations, international conventions, recognized organizations’ class rules, and Coast Guard technical policy regarding—
ventilators and other hull openings;
fire dampers and other closures protecting openings normally open during operations;
intact and damage stability standards under subchapter S of chapter I of title 46, Code of Federal Regulations; and
lifesaving equipment for mariners, including survival suits and life jackets.
Briefing.— Not later than 18 months after the date of the enactment of this Act, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the effectiveness of the regulations, international conventions, recognized organizations’ class rules, and Coast Guard technical policy reviewed under paragraph (1).
Self-Locating Datum Marker Buoys.— Not later than 6 months after the date of the enactment of this Act, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the reliability of self-locating datum marker buoys and other similar technology used during Coast Guard search-and-rescue operations. The briefing shall include a description of reasonable steps the Commandant could take to increase the reliability of such buoys, including the potential to leverage technology used by the Navy, and how protocols could be developed to conduct testing of such buoys before using them for operations.
Correction.—
In general.— Notwithstanding any other provision of law, the Secretary of Transportation, for purposes of section 502(f)(4) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)(4)) (as in effect on the day before the amendments made by section 11607 of Public Law 114–94 (129 Stat. 1698) took effect)—
not later than 30 days after the date of enactment of this Act, and in consultation with the Director of the Office of Management and Budget, shall define the term “cohorts of loans”;
before the deadline described in paragraph (2), shall return to the original source, on a pro rata basis, the credit risk premiums paid for the loans in the cohort of loans, with interest accrued thereon, that were not used to mitigate losses; and
shall not treat the repayment of a loan after the date of enactment of Public Law 114–94 as precluding, limiting, or negatively affecting the satisfaction of the obligation of its cohort prior to the enactment of Public Law 114–94.
Deadline described.— The deadline described in this paragraph is—
if all obligations attached to a cohort of loans have been satisfied, not later than 60 days after the date of enactment of this Act; and
if all obligations attached to a cohort of loans have not been satisfied, not later than 60 days after the date on which all obligations attached to the cohort of loans are satisfied.
Oversight Program; Effectiveness.—
In general.— Not later than 2 years after the date of the enactment of this Act, the Commandant shall commission 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.
Experience.— The assessment commissioned under paragraph (1) shall be conducted by a research organization with significant experience in maritime operations and marine safety.
Submission to congress.— Not later than 180 days after the date that the assessment required under paragraph (1) is completed, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the results of such assessment.
SEC. 213. Flag-State Guidance and Supplements.
Freight Vessels; Damage Control Information.— Within 1 year after the date of the enactment of this Act, the Secretary shall issue flag-State guidance for all freight vessels documented under chapter 121 of title 46, United States Code, built before January 1, 1992, regarding the inclusion of comprehensive damage control information in safety management plans required under chapter 32 of title 46, United States Code.
Recognized Organizations; United States Supplement.— The Commandant shall—
work with recognized organizations to create a single United States Supplement to rules of such organizations for classification of vessels; and
by not later than 1 year after the date of the enactment of this Act, provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on whether it is necessary to revise part 8 of title 46, Code of Federal Regulations, to authorize only one United States Supplement to such rules.
SEC. 214. Marine Safety Strategy.
Section 2116 of title 46, United States Code, is amended—
in subsection (a), by striking “ each year of an annual” and inserting “ of a triennial”;
in subsection (b)—
in the subsection heading, by striking “ Annual” and inserting “ Triennial”; and
by striking “ annual” each place it appears and inserting “ triennial”;
in subsection (c)—
by striking “ fiscal year 2011 and each fiscal year” and inserting “ fiscal year 2020 and triennially”; and
by striking “ annual plan” and inserting “ triennial plan”; and
in subsection (d)(2), by striking “ annually” and inserting “ triennially”.
SEC. 215. Recognized Organizations; Oversight.
In General.— Section 3316 of title 46, United States Code, is amended by redesignating subsection (g) as subsection (h), and by inserting after subsection (f) the following:
“(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 Hamm Alert Maritime Safety Act of 2018.”
Deadline for Establishment.— The Commandant of the Coast Guard shall establish the office required by the amendment made by subsection (a) by not later than 2 years after the date of the enactment of this Act.
SEC. 216. Timely Weather Forecasts and Hazard Advisories for Merchant Mariners.
Not later than 1 year after the date of enactment of this Act, the Commandant shall seek to enter into negotiations through the International Maritime Organization to amend the International Convention for the Safety of Life at Sea to require that vessels subject to the requirements of such Convention receive—
timely synoptic and graphical chart weather forecasts; and
where available, timely hazard advisories for merchant mariners, including broadcasts of tropical cyclone forecasts and advisories, intermediate public advisories, and tropical cyclone updates to mariners via appropriate technologies.
SEC. 217. Anonymous Safety Alert System.
Pilot Program.— Not later than 1 year after the date of enactment of this Act, the Commandant shall establish an anonymous safety alert pilot program.
Requirements.— The pilot program established under subsection (a) shall provide an anonymous reporting mechanism to allow crew members to communicate urgent and dire safety concerns directly and in a timely manner with the Coast Guard.
SEC. 218. Marine Safety Implementation Status.
In General.— Not later than December 19 of 2018, and of each of the 2 subsequent years thereafter, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the status of implementation of each action outlined in the Commandant’s final action memo dated December 19, 2017, regarding the sinking and loss of the vessel El Faro.
Report.— Not later than 2 years after the date of enactment of this Act, the Department of Homeland Security Inspector General shall report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the status of the Coast Guard’s implementation of each action outlined in the Commandant’s final action memo dated December 19, 2017, regarding the sinking and loss of the vessel El Faro.
SEC. 219. Delegated Authorities.
In General.— Not later than 1 year after the date of the enactment of this Act, the Commandant shall review the authorities that have been delegated to recognized organizations for the alternative compliance program as described in subpart D of part 8 of title 46, Code of Federal Regulations, and, if necessary, revise or establish policies and procedures to ensure those delegated authorities are being conducted in a manner to ensure safe maritime transportation.
Briefing.— Not later than 1 year after the date of the enactment of this Act, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the implementation of subsection (a).