[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.
                                 ______