March 31, 2025
Mr. Harder of California (for himself and Mr. Garamendi) 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
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.
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:
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: