[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5329 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5329
To revise laws regarding liability in certain civil actions, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 22, 2021
Mr. Carbajal (for himself and Ms. Brownley) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on the Judiciary, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To revise laws regarding liability in certain civil actions, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Passenger Vessel Liability
Fairness Act of 2021''.
SEC. 2. 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 Small Passenger Vessel Liability Fairness Act of 2021,
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 of the Small
Passenger Vessel Liability Fairness Act of 2021.''.
(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)''.
SEC. 3. EFFECTIVE DATE; SEVERABILITY.
(a) Effective Date.--This Act, and the amendments made by this Act,
shall take effect as if enacted into law on September 2, 2019.
(b) Severability.--If any provision of this Act or an amendment
made by this Act, or any application of such provision to any person or
circumstance, is held to be unconstitutional, the remainder of this
Act, the amendments made by this Act, and the application of this Act
and the amendments made by this Act to any other person or circumstance
shall not be affected.
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