Small Passenger Vessel Liability Fairness Act of 2021
Bill: H.R.5329 | Sponsor: Rep. Carbajal, Salud O. (D-CA)
Policy area: Transportation and Public Works

Summary:
Small Passenger Vessel Liability Fairness Act of 2021
This bill revises maritime law regarding the liability of owners of certain small passenger vessels for violations of safety rules resulting in accidents on such vessels. Under current law, owners may avoid liability in some cases depending on the value of their vessels after accidents. The bill requires the Coast Guard to promulgate rules that require owners or operators of small passenger vessels to provide just compensation in any claim for which they are found liable.
The bill makes the revised liability provisions retroactive to September 2, 2019, the date of what is known as the Conception boat fire in which 34 lives were lost.

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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