S.Amdt. 6358

1. Adds SEC. _. EXONERATION AND LIMITATION OF LIABILITY FOR SMALL PASSENGER VESSELS wherever appropriate

   Adds a section

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

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

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

   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) Covered small passenger vessel.--The term 'covered small passenger vessel'--

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

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   Inserted: "(i) not a wing-in-ground craft; and

   Inserted: "(ii) carrying--

   Inserted: "(I) not more than 49 passengers on an overnight domestic voyage; and

   Inserted: "(II) not more than 150 passengers on any voyage that is not an overnight domestic voyage; and

   Inserted: "(B) includes any wooden vessel constructed prior to March 11, 1996, carrying at least 1 passenger for hire.

   Inserted: "(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.".

   Inserted: (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:

   Inserted: "Sec. 30501. Definitions.".

   Inserted: (d) Applicability.--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 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

   Inserted: "(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.

   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: (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--

   Inserted: (1) in subsection (b)(1), by striking "6 months" and inserting "2 years"; and

   Inserted: (2) in subsection (b)(2), by striking "one year" and inserting "2 years".

   Inserted: (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:

   Inserted: "Sec. 30531. 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 [__(i)] of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023.".

   Inserted: (g) Table of Subchapters and Chapter Analysis.--The chapter analysis 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 inserting after the item relating to section 30530 the following:

   Inserted: "Sec. 30531. Exoneration and limitation of liability provisions.".

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

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

   Inserted: (4) in section 30525, as redesignated by subsection (a)--

   Inserted: (A) in the matter preceding paragraph (1), by striking "sections 30505 and 30506" and inserting "sections 30523 and 30524";

   Inserted: (B) in paragraph (1), by striking "section 30505" and inserting "section 30523"; and

   Inserted: (C) in paragraph (2), by striking "section 30506(b)" and inserting "section 30524(b)".

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

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As printed