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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1250 Introduced in House (IH)]

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.

    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 ``United States-Flag Passenger Vessel 
Act of 1993''.

SEC. 2. COASTWISE TRANSPORTATION OF PASSENGERS.

    (a) In General.--Section 8 of the Act of June 19, 1886 (46 App. 
U.S.C. 289), is amended to read as follows:

``SEC. 8. COASTWISE TRANSPORTATION OF PASSENGERS.

    ``(a) In General.--Except as otherwise provided by law, a vessel 
may transport passengers in coastwise trade only if--
            ``(1) the vessel meets the requirements of section 27 of 
        the Merchant Marine Act, 1920 and section 2 of the Shipping 
        Act, 1916 for engaging in the coastwise trade; and
            ``(2) for a vessel that is at least 5 net tons, the vessel 
        is documented under chapter 121 of title 46, United States 
        Code, with a coastwise endorsement.
    ``(b) Penalties.--
            ``(1) Civil penalty.--A person operating a vessel in 
        violation of this section is liable to the United States 
        Government for a civil penalty of $1,000 for each passenger 
        transported in violation of this section.
            ``(2) Forfeiture.--A vessel operated in knowing violation 
        of this section, and its equipment, are liable to seizure by 
        and forfeiture to the United States Government.
    ``(c) Definitions.--For purposes of this section the following 
definitions apply:
            ``(1) Coastwise trade.--The term `coastwise trade' 
        includes--
                    ``(A) transportation of a passenger from a place in 
                any State or possession of the United States and 
                returning to that place, if during that transportation 
                no passenger departs from the vessel in a foreign 
                country; and
                    ``(B) transportation of a passenger between points 
                in the United States, either directly or by way of a 
                foreign port.
            ``(2) Passenger.--The term `passenger' has the meaning that 
        term has in section 2101 of title 46, United States Code, 
        except that the term does not include a guest on a passenger 
        vessel (as that term is defined in that section) who has not 
        contributed consideration for carriage on board.''.
    (b) Exception.--
            (1) In general.--Notwithstanding the amendment made by 
        subsection (a), an ineligible vessel may engage in coastwise 
        trade (as defined in that amendment) on a trade route, if--
                    (A) the vessel engaged, in the period beginning 
                January 1, 1990, and ending January 1, 1992, in 
                coastwise trade on that trade route; and
                    (B) within one year after the date of the enactment 
                of this Act, the owner files with the Secretary of 
                Transportation an affidavit certifying compliance with 
                subparagraph (A) and listing each trade route on which 
                the vessel engaged in coastwise trade in the period 
                described in subparagraph (A).
            (2) Expiration of exception.--This subsection does not 
        apply to a vessel after the earlier of--
                    (A) any date on which the vessel is sold after the 
                date of the enactment of this Act;
                    (B) January 1, 1994, unless--
                            (i) each individual employed on the vessel 
                        after that date is either a citizen of the 
                        United States or an alien lawfully admitted to 
                        the United States for permanent residence; and
                            (ii) not more than 25 percent of the total 
                        number of individuals employed on the vessel 
                        after that date are aliens lawfully admitted to 
                        the United States for permanent residence; or
                    (C) January 1, 1998.
            (3) Ineligible vessel defined.--In this subsection, the 
        term ``ineligible vessel'' means a vessel that is not eligible 
        under chapter 121 of title 46, United States Code, for a 
        certificate of documentation authorizing the vessel to engage 
        in the coastwise trade.

                                 <all>
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