102
SEC. 
1004. 
VESSEL 
DOCUMENTATION 
FOR 
CHARITY
CRUISES.
(a) AUTHORITY TO DOCUMENT VESSELS.—
(1) IN GENERAL.—Notwithstanding section 27
of the Merchant Marine Act, 1920 (46 App. U.S.C.
883), the Act of June 19, 1886 (46 App. U.S.C.
289), and section 12106 of title 46, United States
Code, and subject to paragraph (2), the Secretary of
the department in which the Coast Guard is operat-
ing may issue a certificate of documentation with a
coastwise endorsement for each of the vessels—
(A) GALLANT LADY (Feadship hull
number 645, approximately 130 feet in length);
and
(B) GALLANT LADY (Feadship hull
number 651, approximately 172 feet in length).
(2) LIMITATION
ON
OPERATION.—Coastwise
trade authorized under a certificate of documenta-
tion issued for a vessel under this section shall be
limited to carriage of passengers in association with
contributions to charitable organizations no portion
of which is received, directly or indirectly, by the
owner of the vessel.
(3) CONDITION.—The Secretary may not issue
any certificate of documentation under paragraph
(1) unless the owner of the vessel referred to in
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paragraph (1)(A) (in this section referred to as the
‘‘owner’’), within 90 days after the date of the en-
actment of this Act, submits to the Secretary a let-
ter expressing the intent of the owner to enter into
a contract before October 1, 1996, for construction
in the United States of a passenger vessel of at least
130 feet in length.
(4) EFFECTIVE
DATE
OF
CERTIFICATES.—A
certificate of documentation issued under paragraph
(1)—
(A) for the vessel referred to in paragraph
(1)(A), shall take effect on the date of issuance
of the certificate; and
(B) for the vessel referred to in paragraph
(1)(B), shall take effect on the date of delivery
of the vessel to the owner.
(b) TERMINATION OF EFFECTIVENESS OF CERTIFI-
CATES.—A certificate of documentation issued for a vessel
under section (a)(1) shall expire—
(1) on the date of the sale of the vessel by the
owner;
(2) on October 1, 1996, if the owner has not
entered into a contract for construction of a vessel
in accordance with the letter of intent submitted to
the Secretary under subsection (a)(3); and
104
(3) on any date on which such a contract is
breached, rescinded, or terminated (other than for
completion of performance of the contract) by the
owner.
SEC. 1005. EXTENSION OF DEADLINE FOR THE M/V TWIN
DRILL.
Section 601(d) of Public Law 103–206 is amended
by striking ‘‘June 30’’ in subpart (3) and inserting ‘‘De-
cember 31’’ and by striking ‘‘12’’ in subpart (4) and in-
serting ‘‘18’’.
TITLE XI—UNITED STATES PAS-
SENGER VESSEL FLAG ACT
OF 1994
SEC. 1101. SHORT TITLE.
This title may be cited as the ‘‘United States-Flag
Passenger Vessel Act of 1994’’.
SEC. 1102. COASTWISE TRANSPORTATION OF PASSENGERS.
(a) IN GENERAL.—Section 8 of the Act of June 19,
1886 (46 App. U.S.C. 289), is amended—
(1) by inserting ‘‘(a)’’ after ‘‘SEC. 8.’’; and
(2) by adding at the end the following new sub-
sections:
‘‘(b) VOYAGES-TO-NOWHERE.—
‘‘(1) IN GENERAL.—Notwithstanding any other
law, a vessel may transport passengers on a covered
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voyage from a place in the United States subject to
the coastwise trade laws only if—
‘‘(A) the vessel is owned by a person that
is—
‘‘(i) an individual who is a citizen of
the United States; or
‘‘(ii) a corporation, partnership, or as-
sociation that is a citizen of the United
States under section 2(a) of the Shipping
Act, 1916; and
‘‘(B) 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.
‘‘(2) PENALTIES.—
‘‘(A) CIVIL PENALTY.—A person operating
a vessel in violation of this subsection is liable
to the United States Government for a civil
penalty of $1,000 for each passenger trans-
ported in violation of this subsection.
‘‘(B) FORFEITURE.—A vessel operated in
knowing violation of this subsection, and its
equipment, are liable to seizure by and forfeit-
ure to the United States Government.
‘‘(c) DEFINITIONS.—For purposes of this section—
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‘‘(1) the term ‘covered voyage’ means transpor-
tation 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 pas-
senger departs from the vessel in a foreign country;
and
‘‘(2) the term ‘passenger’ does not include a
travel agent on a voyage if—
‘‘(A) the purpose of the voyage is to pro-
mote future trips on the vessel;
‘‘(B) money is not paid to the vessel owner
or charterer for the voyage; and
‘‘(C) the voyage goes beyond the territorial
sea of the United States.’’.
(b) EXCEPTION.—
(1) IN GENERAL.—Notwithstanding the amend-
ments made by subsection (a), an ineligible vessel
may engage in transport of passengers in coastwise
trade (as those terms are defined in those amend-
ments) on a trade route, if—
(A) the vessel engaged, in the period begin-
ning January 1, 1990, and ending March 9,
1993, in transport of passengers in coastwise
trade on that trade route; and
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(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 transport of passengers in coastwise
trade in the period described in subparagraph
(A).
(2) SCHEDULED EXPIRATION OF EXCEPTION.—
Paragraph (1) does not apply to an ineligible vessel
after the later of—
(A) January 1, 2000,
(B) the date that is 15 years after the date
of completion of construction of the vessel, or
(C) the date that is 15 years after the date
of completion of any major conversion of the
vessel that is begun before the date of the en-
actment of this Act.
(3) EXPIRATION OF EXCEPTION FOR FAILURE
TO RECREW.—Paragraph (1) does not apply to an
ineligible vessel after the date that is 5 years after
the date of the enactment of this Act, unless—
(A) each individual employed on the vessel
after the one-year period beginning on the date
of the enactment of this Act is either a citizen
108
of the United States or an alien lawfully admit-
ted to the United States for permanent resi-
dence; and
(B) not more than 25 percent of the total
number of individuals employed on the vessel
after the one-year period beginning on the date
of the enactment of this Act are aliens lawfully
admitted to the United States for permanent
residence.
(4) TERMINATION OF EXCEPTION UPON ENTRY
OF REPLACEMENT.—Paragraph (1) does not apply
to an ineligible vessel with respect to a trade route
after the date of the entry into service on that trade
route of an eligible vessel, if—
(A) the eligible vessel has a passenger car-
rying capacity that is equal to at least 75 per-
cent of the passenger carrying capacity of the
ineligible vessel, as determined by the Secretary
of the Department in which the Coast Guard is
operating;
(B) the person that is the owner or
charterer of the eligible vessel submits to the
Secretary of Transportation, by not later than
270 days before the date of that entry into
service—
109
(i) a notice of the intent of the person
to enter into that service; and
(ii) such evidence as the Secretary
may require that the person is offering and
advertising that service;
(C) any individual employed on the ineli-
gible vessel after the one-year period beginning
on the date of the enactment of this Act—
(i) is not a citizen of the United
States; and
(ii) is not an alien lawfully admitted
to the United States for permanent resi-
dence; and
(D) more than 25 percent of the total
number of individuals employed on the ineligible
vessel after the one-year period beginning on
the date of the enactment of this Act are aliens
lawfully admitted to the United States for per-
manent residence.
(5) TERMINATION OF EXCEPTION UPON SALE
OF VESSEL.—Paragraph (1) does not apply to an in-
eligible vessel after any date on which the vessel is
sold after the date of the enactment of this Act.
(6) DEFINITIONS.—In this subsection—
110
(A) the term ‘‘eligible vessel’’ means a ves-
sel that is eligible under chapter 121 of title 46,
United States Code, for a certificate of docu-
mentation authorizing the vessel to engage in
coastwise trade;
(B) 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 coastwise trade; and
(C) the term ‘‘major conversion’’ has the
meaning that term has under section 2101 of
title 46, United States Code.
SEC. 1103. DOCUMENTATION OF VESSELS.
(a) Notwithstanding section 27 of the Merchant Ma-
rine Act, 1920 (46 App. U.S.C. 883), the Act of June
19, 1886 (46 App. U.S.C. 289), and sections 12106 and
12107 of title 46, United States Code, the Secretary of
Transportation may issue certificates of documentation
with appropriate endorsement for employment in the
coastwise trade for the vessel M/V Helton Voyager (Span-
ish registration lista 2A–Folio–592) if—
(1) the person documenting the vessel entered
a contract before May 21, 1992, to purchase the ves-
sel;
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(2) the vessel undergoes a major conversion (as
defined in section 2101 of title 46, United States
Code) in a United States shipyard under a contract
signed before January 1, 1994;
(3) the cost of the major conversion is more
than the value of the vessel before the major conver-
sion; and
(4) the major conversion is completed and the
vessel is documented under chapter 121 of title 46,
United States Code, with a coastwise endorsement
before January 1, 1995.
(b)(1) The vessel Star of Texas (Lloyds register num-
ber L5103936) may engage in coastwise trade out of the
Port of Galveston during the 5-year period beginning on
the date of the enactment of this Act, if during the period
beginning 30 days after that date of enactment and ending
5 years after that date of enactment—
(A) at least 60 employees engaged on the vessel
are United States citizens;
(B) of the employees engaged on the vessel who
are United States citizens, at least 60 are proficient
in lifeboat training, firefighting, and vessel evacu-
ation under standards certified by the United States
Coast Guard;
112
(C) all repairs and alterations to the vessel are
done in United States shipyards;
(D) the vessel is a United States documented
vessel before the end of that period; and
(E) all other employees are instructed in basic
safety techniques.
(2) Notwithstanding section 27 of the Merchant Ma-
rine Act, 1920 (46 App. U.S.C. 883) and section 12106
of title 46, United States Code, and subject to paragraph
(1), the Secretary of Transportation may issue a certifi-
cate of documentation with appropriate endorsement for
employment in the coastwise trade in the period described
in paragraph (1) for a vessel described in that paragraph.
Passed the House of Representatives September 22,
1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
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