II 

117TH CONGRESS 

1ST SESSION S. 2805 

To revise laws regarding liability in certain civil actions, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22 (legislative day, SEPTEMBER 21), 2021 

Mr. SCHUMER (for Mrs. FEINSTEIN) introduced the following bill; which was 

read twice and referred to the Committee on Commerce, Science, and 

Transportation 

A BILL 

To revise laws regarding liability in certain civil actions, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Small Passenger Vessel 

5 Liability Fairness Act of 2021’’. 

6 SEC. 2. EXONERATION AND LIMITATION OF LIABILITY FOR 

7 SMALL PASSENGERS VESSELS. 

8 (a) RESTRUCTURING.—Chapter 305 of title 46, 

9 United States Code, is amended— 


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1 (1) by inserting the following before section 

2 30501: 

3 ‘‘Subchapter I—General Provisions’’; 

4 (2) by inserting the following before section 

5 30503: 

6 ‘‘Subchapter II—Exoneration and Limitation 

7 of Liability Generally’’; 

8 and 

9 (3) by redesignating sections 30503 through 

10 30512 as sections 30521 through 30530, respec11 tively. 

12 (b) DEFINITIONS.—Section 30501 of title 46, United 

13 States Code, is amended to read as follows: 

14 ‘‘§ 30501. Definitions 

15 ‘‘In this chapter— 

16 ‘‘(1) the term ‘owner’ includes a charterer that 

17 mans, supplies, and navigates a vessel at the 

18 charterer’s own expense or by the charterer’s own 

19 procurement; and 

20 ‘‘(2) the term ‘covered small passenger vessel’— 

21 ‘‘(A) means a small passenger vessel, as 

22 defined in section 2101 of this title, that— 

23 ‘‘(i) is less than 100 gross tons as 

24 measured under section 14502 of this title, 

25 or an alternate tonnage measured under 


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1 section 14302 of this title as prescribed by 

2 the Secretary under section 14104 of this 

3 title; and 

4 ‘‘(ii) is carrying— 

5 ‘‘(I) for overnight domestic voy6 ages, not more 49 passengers; and 

7 ‘‘(II) for all other voyages, not 

8 more than 150 passengers; and 

9 ‘‘(B) includes any wooden vessel con10 structed prior to March 11, 1996, that carries 

11 passengers on overnight domestic voyages.’’. 

12 (c) APPLICABILITY.— 

13 (1) IN GENERAL.—Section 30502 of title 46, 

14 United States Code, is amended to read as follows: 

15 ‘‘§ 30502. Application 

16 ‘‘(a) IN GENERAL.—Except as otherwise provided 

17 and subject to subsection (b)— 

18 ‘‘(1) subchapter II (except section 30521) of 

19 this title shall apply to seagoing vessels and vessels 

20 used on lakes or rivers or in inland navigation, in21 cluding canal boats, barges, and lighters that are not 

22 covered small passenger vessels; and 

23 ‘‘(2) subchapter III of this title shall apply to 

24 seagoing vessels, and vessels used on lakes or rivers 

25 or in inland navigation, including canal boats, 


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1 barges, and lighters, that are covered small pas2 senger vessels. 

3 ‘‘(b) DECLARATION OF NATURE AND VALUE OF

4 GOODS.—Section 30521 of this title shall not apply to ves5 sels described in subsection (a) of this section.’’. 

6 (d) RULES FOR SMALL PASSENGER VESSELS.— 

7 Chapter 305 of title 46, United States Code, is amended 

8 by adding at the end the following: 

9 ‘‘Subchapter III—Exoneration and Limitation 

10 of Liability for Covered Small Passenger 

11 Vessels 

12 ‘‘§ 30541. Exoneration and limitation of liability pro13 visions 

14 ‘‘(a) IN GENERAL.—By not later than 180 days after 

15 the date of enactment of the Small Passenger Vessel Li16 ability Fairness Act of 2021, the Commandant shall pro17 mulgate rules relating to exoneration and limitation of li18 ability for all covered small passenger vessels that— 

19 ‘‘(1) provide just compensation in any claim for 

20 which the owner or operator of a covered small pas21 senger vessel is found liable; and 

22 ‘‘(2) comply with the requirements of subsection 

23 (b) of this section. 

24 ‘‘(b) REQUIREMENTS.— 


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1 ‘‘(1) PRIVITY OR KNOWLEDGE.—In a claim for 

2 personal injury or death to which this subchapter 

3 applies, the privity or knowledge of the master or 

4 the owner’s superintendent or managing agent, at or 

5 before the beginning of each voyage, is imputed to 

6 the owner. 

7 ‘‘(2) APPORTIONMENT OF LOSSES.—The re8 quirements of section 30525 of this title shall apply 

9 to a covered small passenger vessel in the same 

10 manner as such section applies to a vessel described 

11 in section 30502(a)(1). 

12 ‘‘(3) TIMING CONSIDERATIONS.—The require13 ments of subsections (b) through (d) of section 

14 30526 of this title shall apply to a covered small 

15 passenger vessel in the same manner as the require16 ments apply to a vessel subject to such section. 

17 ‘‘(c) APPLICABILITY.—The rules promulgated under 

18 subsection (a) shall take effect as if promulgated on the 

19 effective date of the Small Passenger Vessel Liability Fair20 ness Act of 2021.’’. 

21 (e) TABLES OF SUBCHAPTERS AND TABLES OF SEC22 TIONS.—The table of sections for chapter 305 of title 46, 

23 United States Code, is amended— 

24 (1) by inserting before section 30501 the fol25 lowing: 

‘‘SUBCHAPTER I—GENERAL PROVISIONS’’; 


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1 (2) by inserting after section 30502 the fol2 lowing: 

‘‘SUBCHAPTER II—EXONERATION AND LIMITATION OF LIABILITY’’; 

3 (3) by redesignating the items relating to sec4 tions 30503 through 30512 as items relating to sec5 tions 30521 through 30530, respectively; and 

6 (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.’’. 

7 (f) CONFORMING AMENDMENTS.—Title 46, United 

8 States Code, is further amended— 

9 (1) in section 14305(a)(5), by striking ‘‘section 

10 30506’’ and inserting ‘‘section 30524’’; 

11 (2) in section 30523(a), as redesignated by sub12 section (a) of this section, by striking ‘‘section 

13 30506’’ and inserting ‘‘section 30524’’; 

14 (3) in section 30524(b), as redesignated by sub15 section (a) of this section, by striking ‘‘section 

16 30505’’ and inserting ‘‘section 30523’’; and 

17 (4) in section 30525— 

18 (A) by striking ‘‘section 30505’’ and ‘‘sec19 tion 30523’’; 

20 (B) by striking ‘‘section 30506’’ and in21 serting ‘‘section 30524’’; and 

22 (C) by striking ‘‘section 30506(b)’’ and in23 serting ‘‘section 30524(b)’’. 


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1 SEC. 3. EFFECTIVE DATE; SEVERABILITY. 

2 (a) EFFECTIVE DATE.—This Act, and the amend3 ments made by this Act, shall take effect as if enacted 

4 into law on September 2, 2019. 

5 (b) SEVERABILITY.—If any provision of this Act or 

6 an amendment made by this Act, or any application of 

7 such provision to any person or circumstance, is held to 

8 be unconstitutional, the remainder of this Act, the amend9 ments made by this Act, and the application of this Act 

10 and the amendments made by this Act to any other person 

11 or circumstance shall not be affected. 

Æ 


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