118 HR 9899 IH: Abandoned Vessel Prevention Act U.S. House of Representatives 2024-10-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS2d SessionH. R. 9899IN THE HOUSE OF REPRESENTATIVESOctober 1, 2024Mr. Harder of California introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title 46, United States Code, to assign specified liability to a person who transfers title of a commercial vessel, or former commercial vessel, to a transferee for use as a recreational vessel if the transferee does not have applicable insurance at the time of the transfer and the vessel sinks, and for other purposes.

1.

Short title

This Act may be cited as the Abandoned Vessel Prevention Act.

2.

Liability for specified expenses resulting from sinking of certain decommissioned commercial vessels

(a)

In general

Chapter 301 of title 46, United States Code, is amended by adding at the end the following new section:

30107.

Liability for specified expenses resulting from sinking of certain decommissioned commercial vessels

(a)

Liability for transferor

Except as provided in subsection (b), any person who transfers title of a covered vessel to another for use as a recreational vessel shall be liable for any specified expenses resulting from the vessel sinking on navigable waters of the United States.(b)

Exceptions

(1)

Vessel length; vessel age

Subsection (a) shall not apply to a vessel less than 35 feet in length or fewer than 40 years old.(2)

Insurance

Subsection (a) shall not apply to a person who transfers title of a covered vessel to a person who, at the time of the transfer, has insurance—(A)applicable to the vessel for the 12-month period beginning on the date of the transfer; and(B)that, in the case the vessel sinks, covers specified expenses.(c)

Definitions

In this section:(1)

Commercial vessel

The term commercial vessel has the meaning given such term in section 4462(a)(4) of the Internal Revenue Code of 1986 (26 U.S.C. 4462(a)(4)).(2)

Covered vessel

The term covered vessel means—(A)commercial vessel; or(B)a recreational vessel that was previously a commercial vessel.(3)

Specified expenses

The term specified expenses mean, with respect to a sunken vessel—(A)damages attributable to the sinking of the vessel; and(B)expenses relating to—(i)removal of the vessel and any debris;(ii)clean-up of any pollution attributable to the sinking of the vessel; and(iii)any shut down of, or repairs or maintenance to, a water intake pump as a result of pollution attributable to the sinking of the vessel.(4)

Recreational vessel

The term recreational vessel has the meaning given such term in section 2101 of title 46, United States Code.

.(b)

Clerical amendment

The table of sections for chapter 301 of title 46, United States Code, is amended by adding at the end the following new item: 30107. Liability for specified expenses resulting from sinking of certain decommissioned commercial vessels..