(H.R. 1987) to authorize appropriations
for the Coast Guard for fiscal years 2016 and 2017, and for
other purposes, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
SEC. 302. SURVIVAL CRAFT.
Mr. Shuster, from the Committee on Transportation and Infrastructure, submitted the following R E P O R T together with ADDITIONAL VIEWS
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 1987) to authorize appropriations
for the Coast Guard for fiscal years 2016 and 2017, and for
other purposes, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
SEC. 302. SURVIVAL CRAFT.
(a) In General.–Section 3104 of title 46, United States Code, is
amended to read as follows:
“Sec. 3104. Survival craft
“(a) Requirement To Equip.–The Secretary shall require that a
passenger vessel be equipped with survival craft that ensures that no
part of an individual is immersed in water, if–
“(1) such vessel is built or undergoes a major conversion
after January 1, 2016; and
“(2) operates in cold waters as determined by the Secretary.
“(b) Higher Standard of Safety.–The Secretary may revise part 117
or part 180 of title 46, Code of Federal Regulations, as in effect
before January 1, 2016, if such revision provides a higher standard of
safety than is provided by the regulations in effect on or before the
date of the enactment of the Coast Guard Authorization Act of 2015.
“(c) Innovative and Novel Designs.–The Secretary may, in lieu of
the requirements set out in part 117 or part 180 of title 46, Code of
Federal Regulations, as in effect on the date of the enactment of the
Coast Guard Authorization Act of 2015, allow a passenger vessel to be
equipped with a life saving appliance or arrangement of an innovative
or novel design that–
“(1) ensures no part of an individual is immersed in water;
and
“(2) provides an equal or higher standard of safety than is
provided by such requirements as in effect before such date of
the enactment.
“(d) Built Defined.–In this section, the term `built’ has the
meaning that term has under section 4503(e).”.
(b) Review; Revision of Regulations.–
(1) Review.–Not later than December 31, 2015, the Secretary
of the department in which the Coast Guard is operating 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 review of–
(A) the number of casualties for individuals with
disabilities, children, and the elderly as a result of
immersion in water, reported to the Coast Guard over
the preceding 30-year period, by vessel type and area
of operation;
(B) the risks to individuals with disabilities,
children, and the elderly as a result of immersion in
water, by passenger vessel type and area of operation;
(C) the effect that carriage of survival craft that
ensure that no part of an individual is immersed in
water has on–
(i) passenger vessel safety, including
stability and safe navigation;
(ii) improving the survivability of
individuals, including individuals with
disabilities, children, and the elderly; and
(iii) the costs, the incremental cost
difference to vessel operators, and the cost
effectiveness of requiring the carriage of such
survival craft to address the risks to
individuals with disabilities, children, and
the elderly;
(D) the efficacy of alternative safety systems,
devices, or measures in improving survivability of
individuals with disabilities, children, and the
elderly; and
(E) the number of small businesses and nonprofit
vessel operators that would be affected by requiring
the carriage of such survival craft on passenger
vessels to address the risks to individuals with
disabilities, children, and the elderly.
(2) Revision.–Based on the review conducted under paragraph
(1), the Secretary may revise regulations concerning the
carriage of survival craft pursuant to section 3104(c) of title
46, United States Code.
SEC. 303. ENFORCEMENT.
(a) In General.–Section 55305(d) of title 46, United States Code, is
amended–
(1) by amending paragraph (1) to read as follows:
“(1) Each department or agency that has responsibility for a
program under this section shall administer that program
consistent with this section and any regulations and guidance
issued by the Secretary of Transportation concerning this
section.”;
(2) by redesignating paragraph (2) as paragraph (3), and by
inserting after paragraph (1) the following:
“(2)(A) The Secretary, after consulting with the department,
agency, organization, or person involved, shall have exclusive
authority for determining the applicability of this section to
a program of a Federal department or agency, after consulting
with the department, agency, organization, or person involved.
“(B) The head of a Federal department or agency shall
request the Secretary to determine the applicability of this
section to a program of such department or agency if the
department or agency is uncertain of such applicability. Not
later than 30 days after receiving such a request, the
Secretary shall make such determination.
“(C) Subparagraph (B) shall not be construed to limit the
authority of the Secretary to make a determination regarding
the applicability of this section to a program administered by
a Federal department or agency.
“(D) A determination made by the Secretary under this
paragraph regarding a program shall remain in effect until the
Secretary determines that this section no longer applies to
such program.”;
(3) in paragraph (3), as so redesignated, by amending
subparagraph (A) to read as follows:
“(A) shall conduct an annual review of the
administration of programs subject to the requirements
of this section to determine compliance with the
requirements of this section;”; and
(4) by adding at the end the following:
“(4) On the date on which the President submits to Congress
a budget pursuant to section 1105 of title 31, the Secretary
shall make available on the Internet website of the Department
of Transportation a report that–
“(A) lists the programs that were subject to
determinations made by the Secretary under paragraph
(2) in the preceding year; and
“(B) describes the results of the most recent annual
review required by paragraph (3)(A), including
identification of the departments and agencies that
transported cargo in violation of this section and any
action the Secretary took under paragraph (3) with
respect to each violation.”.
(b) Deadline for First Review.–The Secretary of Transportation shall
complete the first review required under the amendment made by
subsection (a)(1)(C) by not later than December 31, 2015.
(c) Conforming Amendment.–Section 3511(c) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (46 U.S.C.
55305 note) is repealed.
SEC. 304. MODEL YEARS FOR RECREATIONAL VESSELS.
(a) In General.–Section 4302 of title 46, United States Code is
amended by adding at the end the following:
“(e)(1) If in prescribing regulations under this section the
Secretary establishes a model year for recreational vessels and
associated equipment, such model year shall, except as provided in
paragraph (2)–
“(A) begin on June 1 of a year and end on July 31 of the
following year; and
“(B) be designated by the year in which it ends.
“(2) Upon the request of a recreational vessel manufacturer to which
this chapter applies, the Secretary may alter a model year for a model
of recreational vessel of the manufacturer and associated equipment, by
no more than 6 months from the model year described in paragraph
(1).”.
(b) Application.–This section shall only apply with respect to
recreational vessels and associated equipment constructed or
manufactured, respectively, on or after June 1, 2015.
(c) Guidance.–Not later than 90 days after the date of the enactment
of this Act, the Secretary of the department in which the Coast Guard
is operating shall publish guidance to implement section 4302(d)(2) of
title 46, United States Code.