[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Page S5354]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5887. Mrs. FEINSTEIN submitted an amendment intended to be
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to
authorize appropriations for fiscal year 2023 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 G of title X, insert the following:
SEC. 1077. EXONERATION AND LIMITATION OF LIABILITY FOR SMALL
PASSENGERS VESSELS.
(a) Restructuring.--Chapter 305 of title 46, United States
Code, is amended--
(1) by inserting the following before section 30501:
``Subchapter I--General Provisions'';
(2) by inserting the following before section 30503:
``Subchapter II--Exoneration and Limitation of Liability Generally'';
and
(3) by redesignating sections 30503 through 30512 as
sections 30521 through 30530, respectively.
(b) Definitions.--Section 30501 of title 46, United States
Code, is amended to read as follows:
``Sec. 30501. Definitions
``In this chapter--
``(1) the term `owner' includes a charterer that mans,
supplies, and navigates a vessel at the charterer's own
expense or by the charterer's own procurement; and
``(2) the term `covered small passenger vessel'--
``(A) means a small passenger vessel, as defined in section
2101 of this title, that--
``(i) is less than 100 gross tons as measured under section
14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary
under section 14104 of this title; and
``(ii) is carrying--
``(I) for overnight domestic voyages, not more 49
passengers; and
``(II) for all other voyages, not more than 150 passengers;
and
``(B) includes any wooden vessel constructed prior to March
11, 1996, that carries passengers on overnight domestic
voyages.''.
(c) Applicability.--
(1) In general.--Section 30502 of title 46, United States
Code, is amended to read as follows:
``Sec. 30502. Application
``(a) In General.--Except as otherwise provided and subject
to subsection (b)--
``(1) subchapter II (except section 30521) of this title
shall apply to seagoing vessels and vessels used on lakes or
rivers or in inland navigation, including canal boats,
barges, and lighters that are not covered small passenger
vessels; and
``(2) subchapter III of this title shall apply to seagoing
vessels, and vessels used on lakes or rivers or in inland
navigation, including canal boats, barges, and lighters, that
are covered small passenger vessels.
``(b) Declaration of Nature and Value of Goods.--Section
30521 of this title shall not apply to vessels described in
subsection (a) of this section.''.
(d) Rules for Small Passenger Vessels.--Chapter 305 of
title 46, United States Code, is amended by adding at the end
the following:
``Subchapter III--Exoneration and Limitation of Liability for Covered
Small Passenger Vessels
``Sec. 30541. Exoneration and limitation of liability
provisions
``(a) In General.--By not later than 180 days after the
date of enactment of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023, the Commandant shall
promulgate rules relating to exoneration and limitation of
liability for all covered small passenger vessels that--
``(1) provide just compensation in any claim for which the
owner or operator of a covered small passenger vessel is
found liable; and
``(2) comply with the requirements of subsection (b) of
this section.
``(b) Requirements.--
``(1) Privity or knowledge.--In a claim for personal injury
or death to which this subchapter applies, the privity or
knowledge of the master or the owner's superintendent or
managing agent, at or before the beginning of each voyage, is
imputed to the owner.
``(2) Apportionment of losses.--The requirements of section
30525 of this title shall apply to a covered small passenger
vessel in the same manner as such section applies to a vessel
described in section 30502(a)(1).
``(3) Timing considerations.--The requirements of
subsections (b) through (d) of section 30526 of this title
shall apply to a covered small passenger vessel in the same
manner as the requirements apply to a vessel subject to such
section.
``(c) Applicability.--The rules promulgated under
subsection (a) shall take effect as if promulgated on the
effective date under section 1077(g)(1) of the James M.
Inhofe National Defense Authorization Act for Fiscal Year
2023.''.
(e) Tables of Subchapters and Tables of Sections.--The
table of sections for chapter 305 of title 46, United States
Code, is amended--
(1) by inserting before section 30501 the following:
``subchapter i--general provisions'';
(2) by inserting after section 30502 the following:
``subchapter ii--exoneration and limitation of liability'';
(3) by redesignating the items relating to sections 30503
through 30512 as items relating to sections 30521 through
30530, respectively; and
(4) by adding at the end the following:
``subchapter iii--exoneration and limitation of liability for covered
small passenger vessels
``Sec. 30541. Exoneration and limitation of liability provisions.''.
(f) Conforming Amendments.--Title 46, United States Code,
is further amended--
(1) in section 14305(a)(5), by striking ``section 30506''
and inserting ``section 30524'';
(2) in section 30523(a), as redesignated by subsection (a)
of this section, by striking ``section 30506'' and inserting
``section 30524'';
(3) in section 30524(b), as redesignated by subsection (a)
of this section, by striking ``section 30505'' and inserting
``section 30523''; and
(4) in section 30525--
(A) by striking ``section 30505'' and ``section 30523'';
(B) by striking ``section 30506'' and inserting ``section
30524''; and
(C) by striking ``section 30506(b)'' and inserting
``section 30524(b)''.
(g) Effective Date; Severability.--
(1) Effective date.--This section, and the amendments made
by this section, shall take effect as if enacted into law on
September 2, 2019.
(2) Severability.--If any provision of this section or an
amendment made by this section, or any application of such
provision to any person or circumstance, is held to be
unconstitutional, the remainder of this section, the
amendments made by this section, and the application of this
section and the amendments made by this section to any other
person or circumstance shall not be affected.
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