[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9899 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9899
To amend title 46, United States Code, to assign specified liability to
a person who transfers title of a commercial vessel, or former
commercial vessel, to a transferee for use as a recreational vessel if
the transferee does not have applicable insurance at the time of the
transfer and the vessel sinks, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
October 1, 2024
Mr. Harder of California 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
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A BILL
To amend title 46, United States Code, to assign specified liability to
a person who transfers title of a commercial vessel, or former
commercial vessel, to a transferee for use as a recreational vessel if
the transferee does not have applicable insurance at the time of the
transfer and the vessel sinks, 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 ``Abandoned Vessel Prevention Act''.
SEC. 2. LIABILITY FOR SPECIFIED EXPENSES RESULTING FROM SINKING OF
CERTAIN DECOMMISSIONED COMMERCIAL VESSELS.
(a) In General.--Chapter 301 of title 46, United States Code, is
amended by adding at the end the following new section:
``Sec. 30107. Liability for specified expenses resulting from sinking
of certain decommissioned commercial vessels
``(a) Liability for Transferor.--Except as provided in subsection
(b), any person who transfers title of a covered vessel to another for
use as a recreational vessel shall be liable for any specified expenses
resulting from the vessel sinking on navigable waters of the United
States.
``(b) Exceptions.--
``(1) Vessel length; vessel age.--Subsection (a) shall not
apply to a vessel less than 35 feet in length or fewer than 40
years old.
``(2) Insurance.--Subsection (a) shall not apply to a
person who transfers title of a covered vessel to a person who,
at the time of the transfer, has insurance--
``(A) applicable to the vessel for the 12-month
period beginning on the date of the transfer; and
``(B) that, in the case the vessel sinks, covers
specified expenses.
``(c) Definitions.--In this section:
``(1) Commercial vessel.--The term `commercial vessel' has
the meaning given such term in section 4462(a)(4) of the
Internal Revenue Code of 1986 (26 U.S.C. 4462(a)(4)).
``(2) Covered vessel.--The term `covered vessel' means--
``(A) commercial vessel; or
``(B) a recreational vessel that was previously a
commercial vessel.
``(3) Specified expenses.--The term `specified expenses'
mean, with respect to a sunken vessel--
``(A) damages attributable to the sinking of the
vessel; and
``(B) expenses relating to--
``(i) removal of the vessel and any debris;
``(ii) clean-up of any pollution
attributable to the sinking of the vessel; and
``(iii) any shut down of, or repairs or
maintenance to, a water intake pump as a result
of pollution attributable to the sinking of the
vessel.
``(4) Recreational vessel.--The term `recreational vessel'
has the meaning given such term in section 2101 of title 46,
United States Code.''.
(b) Clerical Amendment.--The table of sections for chapter 301 of
title 46, United States Code, is amended by adding at the end the
following new item:
``30107. Liability for specified expenses resulting from sinking of
certain decommissioned commercial
vessels.''.
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