[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>