103D CONGRESS
1ST SESSION
H. R. 1250
AN ACT
To amend the coastwise trade laws to clarify their
application to certain passenger vessels.
103D CONGRESS
1ST SESSION
H. R. 1250
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-