[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5894-S5895]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6358. 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 appropriate place, insert the following:

     SEC. _. EXONERATION AND LIMITATION OF LIABILITY FOR SMALL 
                   PASSENGER VESSELS.

       (a) Restructuring.--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 before section 30503 the following:

      ``Subchapter II--Exoneration and Limitation of Liability'';

     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) Covered small passenger vessel.--The term `covered 
     small passenger vessel'--
       ``(A) means a small passenger vessel, as defined in section 
     2101 that is--
       ``(i) not a wing-in-ground craft; and
       ``(ii) carrying--

       ``(I) not more than 49 passengers on an overnight domestic 
     voyage; and
       ``(II) not more than 150 passengers on any voyage that is 
     not an overnight domestic voyage; and

       ``(B) includes any wooden vessel constructed prior to March 
     11, 1996, carrying at least 1 passenger for hire.
       ``(2) Owner.--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.''.
       (c) Clerical Amendment.--The item relating to section 30501 
     in the analysis for chapter 305 of title 46, United States 
     Code, is amended to read as follows:

``Sec. 30501. Definitions.''.
       (d) Applicability.--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 sections 30521 and 30531) 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) section 30531 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.''.
       (e) Provisions Requiring Notice of Claim or Limiting Time 
     for Bringing Action.--Section 30526 of title 46, United 
     States Code, as redesignated by subsection (a), is amended--
       (1) in subsection (b)(1), by striking ``6 months'' and 
     inserting ``2 years''; and
       (2) in subsection (b)(2), by striking ``one year'' and 
     inserting ``2 years''.
       (f) Other Rules for Small Passenger Vessels.--Subchapter II 
     of chapter 305 of title 46, United States Code, as amended by 
     this section, is further amended by adding at the end the 
     following:

     ``Sec. 30531. 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 [__(i)] of the James M. Inhofe 
     National Defense Authorization Act for Fiscal Year 2023.''.
       (g) Table of Subchapters and Chapter Analysis.--The chapter 
     analysis 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 inserting after the item relating to section 30530 
     the following:

``Sec. 30531. Exoneration and limitation of liability provisions.''.
       (h) 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), 
     by striking ``section 30506'' and inserting ``section 
     30524'';
       (3) in section 30524(b), as redesignated by subsection (a), 
     by striking ``section 30505'' and inserting ``section 
     30523''; and
       (4) in section 30525, as redesignated by subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``sections 30505 and 30506'' and inserting ``sections 30523 
     and 30524'';
       (B) in paragraph (1), by striking ``section 30505'' and 
     inserting ``section 30523''; and
       (C) in paragraph (2), by striking ``section 30506(b)'' and 
     inserting ``section 30524(b)''.
       (i) Effective Date.--This section, and the amendments made 
     by this section, shall take

[[Page S5895]]

     effect as if enacted into law on September 2, 2019.
                                 ______