S.Amdt. 5887

1. Adds SEC. 1077. EXONERATION AND LIMITATION OF LIABILITY FOR SMALL PASSENGERS VESSELS at the end of subtitle G of title X

   Adds a section

   In S.Amdt. 5499 as proposed

   (2) as a recognition of Senator Inhofe's long history of engaging with, and advocating for, Africa, the Department of Defense Africa Center for Strategic Studies should be renamed the James M. Inhofe Center for Africa Strategic Studies.

   Inserted: SEC. 1077. EXONERATION AND LIMITATION OF LIABILITY FOR SMALL PASSENGERS VESSELS.

   Inserted: (a) Restructuring.--Chapter 305 of title 46, United States Code, is amended--

   Inserted: (1) by inserting the following before section 30501:

   Inserted: "Subchapter I--General Provisions";

   Inserted: (2) by inserting the following before section 30503:

   Inserted: "Subchapter II--Exoneration and Limitation of Liability Generally";

   Inserted: and

   Inserted: (3) by redesignating sections 30503 through 30512 as sections 30521 through 30530, respectively.

   Inserted: (b) Definitions.--Section 30501 of title 46, United States Code, is amended to read as follows:

   Inserted: "Sec. 30501. Definitions "In this chapter--

   Inserted: "(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

   Inserted: "(2) the term 'covered small passenger vessel'--

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   Inserted: "(A) means a small passenger vessel, as defined in section 2101 of this title, that--

   Inserted: "(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

   Inserted: "(ii) is carrying--

   Inserted: "(I) for overnight domestic voyages, not more 49 passengers; and

   Inserted: "(II) for all other voyages, not more than 150 passengers; and

   Inserted: "(B) includes any wooden vessel constructed prior to March 11, 1996, that carries passengers on overnight domestic voyages.".

   Inserted: (c) Applicability.--

   Inserted: (1) In general.--Section 30502 of title 46, United States Code, is amended to read as follows:

   Inserted: "Sec. 30502. Application

   Inserted: "(a) In General.--Except as otherwise provided and subject to subsection (b)--

   Inserted: "(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

   Inserted: "(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.

   Inserted: "(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.".

   Inserted: (d) Rules for Small Passenger Vessels.--Chapter 305 of title 46, United States Code, is amended by adding at the end the following:

   Inserted: "Subchapter III--Exoneration and Limitation of Liability for Covered Small Passenger Vessels "Sec. 30541. Exoneration and limitation of liability provisions

   Inserted: "(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--

   Inserted: "(1) provide just compensation in any claim for which the owner or operator of a covered small passenger vessel is found liable; and

   Inserted: "(2) comply with the requirements of subsection (b) of this section.

   Inserted: "(b) Requirements.--

   Inserted: "(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.

   Inserted: "(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).

   Inserted: "(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.

   Inserted: "(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.".

   Inserted: (e) Tables of Subchapters and Tables of Sections.--The table of sections for chapter 305 of title 46, United States Code, is amended--

   Inserted: (1) by inserting before section 30501 the following:

   Inserted: "subchapter i--general provisions";

   Inserted: (2) by inserting after section 30502 the following:

   Inserted: "subchapter ii--exoneration and limitation of liability";

   Inserted: (3) by redesignating the items relating to sections 30503 through 30512 as items relating to sections 30521 through 30530, respectively; and

   Inserted: (4) by adding at the end the following:

   Inserted: "subchapter iii--exoneration and limitation of liability for covered small passenger vessels

   Inserted: "Sec. 30541. Exoneration and limitation of liability provisions.".

   Inserted: (f) Conforming Amendments.--Title 46, United States Code, is further amended--

   Inserted: (1) in section 14305(a)(5), by striking "section 30506" and inserting "section 30524";

   Inserted: (2) in section 30523(a), as redesignated by subsection (a) of this section, by striking "section 30506" and inserting "section 30524";

   Inserted: (3) in section 30524(b), as redesignated by subsection (a) of this section, by striking "section 30505" and inserting "section 30523"; and

   Inserted: (4) in section 30525--

   Inserted: (A) by striking "section 30505" and "section 30523";

   Inserted: (B) by striking "section 30506" and inserting "section 30524"; and

   Inserted: (C) by striking "section 30506(b)" and inserting "section 30524(b)".

   Inserted: (g) Effective Date; Severability.--

   Inserted: (1) Effective date.--This section, and the amendments made by this section, shall take effect as if enacted into law on September 2, 2019.

   Inserted: (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.

   Original wording

   At the end of subtitle G of title X, insert the following:

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As printed