[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2014 Introduced in Senate (IS)]
103d CONGRESS
2d Session
S. 2014
To amend the coastwise trade laws to clarify their application to
certain passenger vessels, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 13 (legislative day, April 11), 1994
Mr. Heflin introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend the coastwise trade laws to clarify their application to
certain passenger vessels, and for other purposes.
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 1994''.
SEC. 2. COASTWISE TRANSPORTATION OF PASSENGERS.
(a) In General.--Section 8 of the Act of June 19, 1886 (46 U.S.C.
App. 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 coastwise trade; and
``(2) in the case of 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 shall be subject to 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, shall be subject to seizure
by, and forfeiture to, the United States.
``(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 the 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; and
``(2) the term `passenger' does not include a travel agent
on a voyage if--
``(A) the purpose of the voyage is to promote
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 amendment made by
subsection (a), an ineligible vessel may engage in the
transport of passengers in coastwise trade (as those terms are
defined in that amendment) on a trade route, if--
(A) the vessel engaged, in the period beginning
January 1, 1990, and ending March 9, 1993, in the
transport of passengers in coastwise trade on the trade
route; and
(B) not later than 1 year after the date of
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 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 latest 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 enactment 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 enactment of this Act,
unless--
(A) each individual employed on the vessel after
the 1-year period beginning on the date of enactment of
this Act is either a citizen of the United States or an
alien lawfully admitted to the United States for
permanent residence; and
(B) not more than 25 percent of the total number of
individuals employed on the vessel after the 1-year
period beginning on the date of 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 entry into service
on the trade route of an eligible vessel, if--
(A) the eligible vessel has a passenger carrying
capacity that is equal to not less than 75 percent 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, not later than 270 days before the date
of 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 the service;
(C) any individual employed on the ineligible
vessel after the 1-year period beginning on the date of
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 residence; and
(D) more than 25 percent of the total number of
individuals employed on the ineligible vessel after the
1-year period beginning on the date of enactment of
this Act are aliens lawfully admitted to the United
States for permanent residence.
(5) Termination of exception upon sale of vessel.--
Paragraph (1) does not apply to an ineligible vessel after any
date on which the vessel is sold after the date of enactment of
this Act.
(6) Definitions.--For purposes of this subsection--
(A) the term ``eligible vessel'' means a vessel
that is eligible under chapter 121 of title 46, United
States Code, for a certificate of documentation
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 same
meaning given such term by section 2101(14a) of title
46, United States Code.
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