[Congressional Record Volume 164, Number 93 (Wednesday, June 6, 2018)]
[Senate]
[Page S3240]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2322. Mrs. McCASKILL (for herself and Mr. Blunt) submitted an
amendment intended to be proposed by her to the bill H.R. 5515, to
authorize appropriations for fiscal year 2019 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1066. FIRE-RETARDANT MATERIALS.
Section 3503 of title 46, United States Code, is amended to
read as follows:
``Sec. 3503. Fire-retardant materials
``(a)(1) A passenger vessel of the United States having
berth or stateroom accommodations for at least 50 passengers
shall be granted a certificate of inspection only if--
``(A) the vessel is constructed of fire-retardant
materials; and
``(B) the vessel--
``(i) is operating engines, boilers, main electrical
distribution panels, fuel tanks, oil tanks, and generators
that meet current Coast Guard regulations; and
``(ii) is operating boilers and main electrical generators
that are contained within noncombustible enclosures equipped
with fire suppression systems.
``(2) Before December 1, 2028, this subsection does not
apply to any vessel in operation before January 1, 1968, and
operating only within the Boundary Line.
``(b)(1) The owner or managing operator of an exempted
vessel described in subsection (a)(2) shall--
``(A) notify in writing prospective passengers, prior to
purchase, and each crew member that the vessel does not
comply with applicable fire safety standards due primarily to
the wooden construction of passenger berthing areas;
``(B) display in clearly legible font prominently
throughout the vessel, including in each state room the
following: `THIS VESSEL FAILS TO COMPLY WITH SAFETY RULES AND
REGULATIONS OF THE U.S. COAST GUARD.';
``(C) acquire prior to the vessel entering service, and
maintain, liability insurance in an amount to be prescribed
by the Federal Maritime Commission;
``(D) make annual structural alteration to not less than 10
percent of the areas of the vessel that are not constructed
of fire retardant materials;
``(E) prioritize alterations in galleys, engineering areas
of the vessel, including all spaces and compartments
containing, or adjacent to spaces and compartments
containing, engines, boilers, main electrical distribution
panels, fuel tanks, oil tanks, and generators;
``(F) ensure, to the satisfaction of the Secretary, that
the combustible fire-load has been reduced pursuant to
subparagraph (D) during each annual inspection for
certification;
``(G) ensure the vessel has multiple forms of egress off
the vessel's bow and stern;
``(H) provide advance notice to the Coast Guard regarding
the structural alterations made pursuant to subparagraph (D)
and comply with any noncombustible material requirements
prescribed by the Coast Guard;
``(I) annually notify all ports of call and State emergency
management offices of jurisdiction that the vessel does not
comply with the requirement under subsection (a)(1);
``(J) provide crewmembers manning such vessel shipboard
training that--
``(i) is specialized for exempted vessels;
``(ii) exceeds requirements related to standards for
firefighting training under chapter I of title 46, Code of
Federal Regulations, as in effect on October 1, 2017; and
``(iii) is approved by the Coast Guard; and
``(K) to the extent practicable, take all steps to retain
previously trained crew knowledgeable of such vessel or to
hire crew trained in operations aboard exempted vessels.
``(2) The owner or managing operator of an exempted vessel
described in subsection (a)(2) may not disclaim liability to
a passenger or crew member of such vessel for death, injury,
or any other loss caused by fire due to the negligence of the
owner or managing operator.
``(3) The Secretary shall--
``(A) conduct an annual audit and inspection of each
exempted vessel described in subsection (a)(2);
``(B) in implementing subparagraph (b)(1)(F), consider, to
the extent practicable, the goal of preservation of the
historic integrity of such vessel in areas carrying or
accessible to passengers or generally visible to the public;
and
``(C) prescribe regulations to carry out this section,
including to prescribe the manner in which prospective
passengers are to be notified under paragraph (1)(A).
``(4) The penalties provided in section 3504(c) of this
title shall apply to a violation of this subsection.
``(c) In addition to otherwise applicable penalties, the
Secretary may immediately withdraw a certificate of
inspection for an exempted vessel described in subsection
(a)(2) that does not comply with any requirement under
subsection (b).''.
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