I

103D CONGRESS

1ST SESSION H. R. 1250

To amend the coastwise trade laws to clarify their application to certain

passenger vessels.

IN THE HOUSE OF REPRESENTATIVES

MARCH 9, 1993

Mr. TAYLOR of Mississippi (for himself, Mr. STUDDS, Mr. LIPINSKI, Mr.

FIELDS of Texas, Mr. BATEMAN, and Mr. TAUZIN) introduced the following bill; which was referred to the Committee on Merchant Marine and

Fisheries

A BILL

To amend the coastwise trade laws to clarify their application

to certain passenger vessels.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘United States-Flag

5 Passenger Vessel Act of 1993’’.

6 SEC. 2. COASTWISE TRANSPORTATION OF PASSENGERS.

7 (a) IN GENERAL.—Section 8 of the Act of June 19,

8 1886 (46 App. U.S.C. 289), is amended to read as follows:
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1 ‘‘SEC. 8. COASTWISE TRANSPORTATION OF PASSENGERS.

2 ‘‘(a) IN GENERAL.—Except as otherwise provided by

3 law, a vessel may transport passengers in coastwise trade

4 only if—

5 ‘‘(1) the vessel meets the requirements of sec6 tion 27 of the Merchant Marine Act, 1920 and sec7 tion 2 of the Shipping Act, 1916 for engaging in the

8 coastwise trade; and

9 ‘‘(2) for a vessel that is at least 5 net tons, the

10 vessel is documented under chapter 121 of title 46,

11 United States Code, with a coastwise endorsement.

12 ‘‘(b) PENALTIES.—

13 ‘‘(1) CIVIL PENALTY.—A person operating a

14 vessel in violation of this section is liable to the

15 United States Government for a civil penalty of

16 $1,000 for each passenger transported in violation of

17 this section.

18 ‘‘(2) FORFEITURE.—A vessel operated in know19 ing violation of this section, and its equipment, are

20 liable to seizure by and forfeiture to the United

21 States Government.

22 ‘‘(c) DEFINITIONS.—For purposes of this section the

23 following definitions apply:

24 ‘‘(1) COASTWISE TRADE.—The term ‘coastwise

25 trade’ includes—
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1 ‘‘(A) transportation of a passenger from a

2 place in any State or possession of the United

3 States and returning to that place, if during

4 that transportation no passenger departs from

5 the vessel in a foreign country; and

6 ‘‘(B) transportation of a passenger be7 tween points in the United States, either di8 rectly or by way of a foreign port.

9 ‘‘(2) PASSENGER.—The term ‘passenger’ has

10 the meaning that term has in section 2101 of title

11 46, United States Code, except that the term does

12 not include a guest on a passenger vessel (as that

13 term is defined in that section) who has not contrib14 uted consideration for carriage on board.’’.

15 (b) EXCEPTION.—

16 (1) IN GENERAL.—Notwithstanding the amend17 ment made by subsection (a), an ineligible vessel

18 may engage in coastwise trade (as defined in that

19 amendment) on a trade route, if—

20 (A) the vessel engaged, in the period begin21 ning January 1, 1990, and ending January 1,

22 1992, in coastwise trade on that trade route;

23 and

24 (B) within one year after the date of the

25 enactment of this Act, the owner files with the
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1 Secretary of Transportation an affidavit certify2 ing compliance with subparagraph (A) and list3 ing each trade route on which the vessel en4 gaged in coastwise trade in the period described

5 in subparagraph (A).

6 (2) EXPIRATION OF EXCEPTION.—This sub7 section does not apply to a vessel after the earlier

8 of—

9 (A) any date on which the vessel is sold

10 after the date of the enactment of this Act;

11 (B) January 1, 1994, unless—

12 (i) each individual employed on the

13 vessel after that date is either a citizen of

14 the United States or an alien lawfully ad15 mitted to the United States for permanent

16 residence; and

17 (ii) not more than 25 percent of the

18 total number of individuals employed on

19 the vessel after that date are aliens law20 fully admitted to the United States for

21 permanent residence; or

22 (C) January 1, 1998.

23 (3) INELIGIBLE VESSEL DEFINED.—In this

24 subsection, the term ‘‘ineligible vessel’’ means a ves25 sel that is not eligible under chapter 121 of title 46,
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1 United States Code, for a certificate of documenta2 tion authorizing the vessel to engage in the coastwise

3 trade.

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