`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1159 Engrossed in House (EH)]

103d CONGRESS

  1st Session

                               H. R. 1159

_______________________________________________________________________

                                 AN ACT

   To revise, clarify, and improve certain marine safety laws of the 
                 United States, and for other purposes.






103d CONGRESS
  1st Session
                                H. R. 1159

_______________________________________________________________________

                                 AN ACT


 
   To revise, clarify, and improve certain marine safety laws of the 
                 United States, 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 ``Passenger Vessel Safety Act of 
1993''.

SEC. 2. PASSENGER.

    Section 2101(21) of title 46, United States Code, is amended to 
read as follows:
            ``(21) `passenger'--
                    ``(A) means an individual carried on the vessel 
                except--
                            ``(i) the owner or an individual 
                        representative of the owner or, in the case of 
                        a vessel under charter, an individual charterer 
                        or individual representative of the charterer;
                            ``(ii) the master; or
                            ``(iii) a member of the crew engaged in the 
                        business of the vessel who has not contributed 
                        consideration for carriage and who is paid for 
                        on board services.
                    ``(B) on an offshore supply vessel, means an 
                individual carried on the vessel except--
                            ``(i) an individual included in clause (i), 
                        (ii), or (iii) of subparagraph (A) of this 
                        paragraph;
                            ``(ii) an employee of the owner, or of a 
                        subcontractor to the owner, engaged in the 
                        business of the owner;
                            ``(iii) an employee of the charterer, or of 
                        a subcontractor to the charterer, engaged in 
                        the business of the charterer; or
                            ``(iv) an individual employed in a phase of 
                        exploration, exploitation, or production of 
                        offshore mineral or energy resources served by 
                        the vessel.
                    ``(C) on a fishing vessel, fish processing vessel, 
                or fish tender vessel, means an individual carried on 
                the vessel except--
                            ``(i) an individual included in clause (i), 
                        (ii), or (iii) of subparagraph (A) of this 
                        paragraph;
                            ``(ii) a managing operator;
                            ``(iii) an employee of the owner, or of a 
                        subcontractor to the owner, engaged in the 
                        business of the owner; or
                            ``(iv) an employee of the charterer, or of 
                        a subcontractor to the charterer, engaged in 
                        the business of the charterer.
                    ``(D) on a sailing school vessel, means an 
                individual carried on the vessel except--
                            ``(i) an individual included in clause (i), 
                        (ii), or (iii) of subparagraph (A) of this 
                        paragraph;
                            ``(ii) an employee of the owner of the 
                        vessel engaged in the business of the owner, 
                        except when the vessel is operating under a 
                        demise charter;
                            ``(iii) an employee of the demise charterer 
                        of the vessel engaged in the business of the 
                        demise charterer; or
                            ``(iv) a sailing school instructor or 
                        sailing school student.''.

SEC. 3. PASSENGER VESSEL.

    Section 2101(22) of title 46, United States Code, is amended to 
read as follows:
            ``(22) `passenger vessel' means a vessel of at least 100 
        gross tons--
                    ``(A) carrying more than 12 passengers, including 
                at least one passenger for hire;
                    ``(B) that is chartered and carrying more than 12 
                passengers; or
                    ``(C) that is a submersible vessel carrying at 
                least one passenger for hire.''.

SEC. 4. SMALL PASSENGER VESSEL.

    Section 2101(35) of title 46, United States Code, is amended to 
read as follows:
            ``(35) `small passenger vessel' means a vessel of less than 
        100 gross tons--
                    ``(A) carrying more than 6 passengers, including at 
                least one passenger for hire;
                    ``(B) that is chartered with the crew provided or 
                specified by the owner or the owner's representative 
                and carrying more than 6 passengers;
                    ``(C) that is chartered with no crew provided or 
                specified by the owner or the owner's representative 
                and carrying more than 12 passengers; or
                    ``(D) that is a submersible vessel carrying at 
                least one passenger for hire.''.

SEC. 5. UNINSPECTED PASSENGER VESSEL.

    Section 2101(42) of title 46, United States Code, is amended to 
read as follows:
            ``(42) `uninspected passenger vessel' means an uninspected 
        vessel--
                    ``(A) of at least 100 gross tons--
                            ``(i) carrying not more than 12 passengers, 
                        including at least one passenger for hire; or
                            ``(ii) that is chartered with the crew 
                        provided or specified by the owner or the 
                        owner's representative and carrying not more 
                        than 12 passengers; and
                    ``(B) of less than 100 gross tons--
                            ``(i) carrying not more than 6 passengers, 
                        including at least one passenger for hire; or
                            ``(ii) that is chartered with the crew 
                        provided or specified by the owner or the 
                        owner's representative and carrying not more 
                        than 6 passengers.''.

SEC. 6. PASSENGER FOR HIRE.

    Section 2101 of title 46, United States Code, is amended by 
inserting between paragraphs (21) and (22) a new paragraph (21a) to 
read as follows:
            ``(21a) `passenger for hire' means a passenger for whom 
        consideration is contribution as a condition of carriage on the 
        vessel, whether directly or indirectly flowing to the owner, 
        charterer, operator, agent, or any other person having an 
        interest in the vessel.''.

SEC. 7. CONSIDERATION.

    Section 2101 of title 46, United States Code, is amended by 
inserting between paragraphs (5) and (6) a new paragraph (5a) to read 
as follows:
            ``(5a) `consideration' means an economic benefit, 
        inducement, right, or profit including pecuniary payment 
        accruing to an individual, person, or entity, but not including 
        a voluntary sharing of the actual expenses of the voyage, by 
        monetary contribution or donation of fuel, food, beverage, or 
        other supplies.''.

SEC. 8. OFFSHORE SUPPLY VESSEL.

    Section 2101(19) of title 46, United States Code, is amended by 
inserting ``individuals in addition to the crew,'' immediately after 
``supplies,'' and by striking everything after ``resources'' to the 
period at the end.

SEC. 9. SAILING SCHOOL VESSEL.

    Section 2101(30) of title 46, United States Code, is amended in 
subparagraph (B) by striking ``at least 6'' and substituting ``more 
than 6''.

SEC. 10. SUBMERSIBLE VESSEL.

    Section 2101 of title 46, United States Code, is amended by 
inserting between paragraphs (37) and (38) a new paragraph (37a) to 
read as follows:
            ``(37a) `submersible vessel' means a vessel that is capable 
        of operating below the surface of the water.''.

SEC. 11. GENERAL PROVISION.

    (a) Section 2113 of title 46, United States Code, is amended to 
read as follows:
``Sec. 2113. Authority to exempt certain vessels
    ``If the Secretary decides that the application of a provision of 
part B, C, F, or G of this subtitle is not necessary in performing the 
mission of the vessel engaged in excursions or an oceanographic 
research vessel, or not necessary for the safe operation of certain 
vessels carrying passengers, the Secretary by regulation may--
            ``(1) for an excursion vessel, issue a special permit 
        specifying the conditions of operation and equipment;
            ``(2) exempt an oceanographic research vessel from that 
        provision under conditions the Secretary may specify; and
            ``(3) establish different operating and equipment 
        requirements for vessels defined in section 2101(42)(A) of this 
        title.''.
    (b) Section 4105 of title 46, United States Code, is amended--
            (1) by inserting ``(a)'' before the text; and
            (2) by adding a new subsection (b) to read as follows:
    ``(b) Within twenty-four months of the date of enactment of this 
subsection, the Secretary shall, by regulation, require certain 
additional equipment which may include liferafts or other lifesaving 
equipment, construction standards, or specify additional operating 
standards for those uninspected passenger vessels defined in section 
2101(42)(A) of this title.''.

SEC. 12. EFFECTIVE DATE.

    (a) Regulations governing small passenger vessels and passenger 
vessels, as those terms are defined in 46 U.S.C. 2101, which are 
chartered with no crew provided shall not apply before May 1, 1994.
    (b) The Secretary of the Department in which the Coast Guard is 
operating may extend the time period for compliance with the 
regulations referenced in subsection (a) for an initial period of up to 
one year and may extend the period of compliance for one additional 
period of up to one year if the owner of the vessel demonstrates to the 
satisfaction of the Secretary that a good faith effort, with due 
diligence and care, has failed to enable compliance with the deadline 
under subsection (a).

SEC. 13. SENSE OF CONGRESS REGARDING USE OF VESSELS CONSTRUCTED IN 
              UNITED STATES FOR CARRYING PASSENGERS FOR HIRE.

    It is the sense of the Congress that persons who, for the purpose 
of carrying passengers for hire in the United States, operate or 
charter vessels with respect to which this Act (including the 
amendments made by this Act) applies should only operate and charter 
for that purpose vessels constructed in the United States.
            Passed the House of Representatives June 9, 1993.
            Attest:






                                                                 Clerk.`