I 
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 Infrastruc-
ture, and in addition to the Committee on the Judiciary, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation 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 Representa-
tives 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’’. 
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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, respec-
tively. 
(b) DEFINITIONS.—Section 30501 of title 46, United 
States Code, is amended to read as follows: 
‘‘§ 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— 
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‘‘(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 voy-
ages, not more 49 passengers; and 
‘‘(II) for all other voyages, not 
more than 150 passengers; and 
‘‘(B) includes any wooden vessel con-
structed 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: 
‘‘§ 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, in-
cluding canal boats, barges, and lighters that are not 
covered small passenger vessels; and 
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‘‘(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 pas-
senger vessels. 
‘‘(b) DECLARATION
OF NATURE
AND VALUE
OF 
GOODS.—Section 30521 of this title shall not apply to ves-
sels 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 
‘‘§ 30541. Exoneration and limitation of liability pro-
visions 
‘‘(a) IN GENERAL.—By not later than 180 days after 
the date of enactment of the Small Passenger Vessel Li-
ability Fairness Act of 2021, the Commandant shall pro-
mulgate rules relating to exoneration and limitation of li-
ability for all covered small passenger vessels that— 
‘‘(1) provide just compensation in any claim for 
which the owner or operator of a covered small pas-
senger vessel is found liable; and 
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‘‘(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 re-
quirements 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 require-
ments 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 require-
ments 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 Fair-
ness Act of 2021.’’. 
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(e) TABLES OF SUBCHAPTERS AND TABLES OF SEC-
TIONS.—The table of sections for chapter 305 of title 46, 
United States Code, is amended— 
(1) by inserting before section 30501 the fol-
lowing: 
‘‘SUBCHAPTER I—GENERAL PROVISIONS’’; 
(2) by inserting after section 30502 the fol-
lowing: 
‘‘SUBCHAPTER II—EXONERATION AND LIMITATION OF LIABILITY’’; 
(3) by redesignating the items relating to sec-
tions 30503 through 30512 as items relating to sec-
tions 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 sub-
section (a) of this section, by striking ‘‘section 
30506’’ and inserting ‘‘section 30524’’; 
(3) in section 30524(b), as redesignated by sub-
section (a) of this section, by striking ‘‘section 
30505’’ and inserting ‘‘section 30523’’; and 
(4) in section 30525— 
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(A) by striking ‘‘section 30505’’ and ‘‘sec-
tion 30523’’; 
(B) by striking ‘‘section 30506’’ and in-
serting ‘‘section 30524’’; and 
(C) by striking ‘‘section 30506(b)’’ and in-
serting ‘‘section 30524(b)’’. 
SEC. 3. EFFECTIVE DATE; SEVERABILITY. 
(a) EFFECTIVE DATE.—This Act, and the amend-
ments 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 amend-
ments 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. 
Æ 
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