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 follow-
ing 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 Representa-
tives 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 sec-
tion 27 of the Merchant Marine Act, 1920 and sec-
tion 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 know-
ing 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 be-
tween points in the United States, either di-
rectly 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 contrib-
uted consideration for carriage on board.’’.
(b) EXCEPTION.—
(1) IN GENERAL.—Notwithstanding the amend-
ment 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 begin-
ning 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 certify-
ing compliance with subparagraph (A) and list-
ing each trade route on which the vessel en-
gaged in coastwise trade in the period described
in subparagraph (A).
(2) EXPIRATION
OF
EXCEPTION.—This sub-
section 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 ad-
mitted 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 law-
fully 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 ves-
sel that is not eligible under chapter 121 of title 46,
United States Code, for a certificate of documenta-
tion authorizing the vessel to engage in the coastwise
trade.
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