IIA
103D CONGRESS
1ST SESSION
H. R. 1250
IN THE SENATE OF THE UNITED STATES
NOVEMBER 20 (legislative day, NOVEMBER 2), 1993
Received
NOVEMBER 23, 1993
Read twice and referred to the Committee on Commerce, Science, and
Transportation
AN ACT
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—
‘‘(1) 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; 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-
ment made by subsection (a), an ineligible vessel
may engage in transport of passengers in coastwise
trade (as those terms are defined in that amend-
ment) 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
(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
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—
(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—
(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. 3. 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 following vessels:
(1) Emerald Princess (former United States of-
ficial number 530095).
(2) Europa Star (former United States official
number 588270).
(3) Europa Sun (former United States official
number 596656).
(b) 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, the Secretary of Transpor-
tation may issue a certificate of documentation with ap-
propriate endorsement for employment in the coastwise
trade for the vessel M/V Helton Voyager (Spanish reg-
istration lista 2A–Folio–592) if—
(1) the person documenting the vessel entered
a contract before May 21, 1992, to purchase the
vessel;
(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.
(c) 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, the Secretary of Transpor-
tation may issue a certificate of documentation with ap-
propriate endorsement for employment in the coastwise
trade, for the vessel M/V Twin Drill (Panama official
number 8536–PEXT–2) if—
(1) the vessel undergoes a major conversion (as
defined in section 2101 of title 46, United States
Code) in a United States shipyard;
(2) the cost of the major conversion is more
than 3 times the purchase value of the vessel before
the major conversion;
(3) the major conversion is completed and the
vessel is documented under chapter 121 of title 46,
United States Code, with a coastwise endorsement
before June 30, 1995; and
(4) the person documenting the vessel contracts
with a United States shipyard to construct an addi-
tional vessel of equal or greater passenger capacity
within 12 months of the date of enactment of this
Act, for delivery within 36 months of the date of
such contract, which vessel shall also be documented
under chapter 121 of title 46, United States Code.
(d)(1) The vessel Star of Texas (Lloyds register num-
ber L5103936) may engage in coastwise trade (as defined
in section 8(c)(1)(A) of the Act of June 19, 1886, as
amended by this Act) 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;
(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.
SEC. 4. LIMITATION ON AUTHORITY OF STATES TO REGU-
LATE GAMBLING DEVICES ON VESSELS.
Section 5(b)(2) of the Act of January 2, 1951 (15
U.S.C. 1175(b)(2)), commonly referred to as the ‘‘John-
son Act’’, is amended by adding at the end the following:
‘‘(C) EXCLUSION
OF
CERTAIN
VOYAGES
AND
SEGMENTS.—A voyage or segment of a
voyage is not described in subparagraph (B) if
it includes or consists of, respectively, a seg-
ment—
‘‘(i) that begins and ends in the same
State or possession of the United States;
‘‘(ii) that is part of a voyage to an-
other State or possession of the United
States or to a foreign country; and
‘‘(iii) in which the vessel reaches the
other State or possession of the United
States or the foreign country within 3 days
after leaving the State or possession of the
United States in which the segment
begins.’’.
Passed the House of Representatives November 20,
1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
By DALLAS L. DENDY, JR.,
Assistant to the Clerk.