; and (2) by adding at the end the following: (2) Subrogation Except for a guarantor claim pursuant to a defense under section 1016(f)(1), Fund compensation of any claim by an insurer or other indemnifier of a responsible party or injured third party is subject to the subrogated rights of that responsible party or third party to such compensation. . (b) Effective date The amendments made by this section shall take effect 180 days following the date of enactment of this Act. 414. Use of engine cut-off switch links (a) In general Chapter 43 of title 46, United States Code, is amended by adding at the end the following: 4313. Use of engine cut-off switch links (a) Use of engine cut-Off switch links A person shall not operate a covered recreational vessel unless— (1) the person is wearing an engine cut-off switch link while operating above no-wake speed; and (2) the engine cut-off switch is equipped under the requirements of section 4312. (b) Penalty A person that violates subsection (a) shall be subject to a civil penalty under section 4311 of this title not to exceed— (1) $100 for the first offense; (2) $250 for the second offense; and (3) $500 for any subsequent offense. (c) Definitions In this section— (1) the term covered recreation vessel means a recreational vessel less than 26 feet overall in length, except such term shall not include any vessel— (A) whose main helm is installed within an enclosed cabin that would protect an operator from being thrown overboard should the operator be displaced from the helm; (B) with propulsion machinery developing static thrust of less than 115 pounds or 3 horsepower; or (C) without an engine cut-off switch installed under the requirements of section 4312; (2) the term engine cut-off switch means a mechanical or electronic device that is connected to propulsion machinery that will stop propulsion if— (A) the switch is not properly connected; or (B) the switch components are submerged in water or separated from the switch by a predetermined distance