[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.
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