United States-Flag Passenger Vessel Act of 1992 - Amends Federal law to permit a vessel to transport passengers in coastwise trade only if: (1) the vessel meets certain requirements under the Merchant Marine Act, 1920 and the Shipping Act, 1916, for engaging in such trade; and (2) (in the case of a vessel that is at least five net tons) such vessel is documented with a coastwise endorsement. Sets forth a civil penalty of $1,000 per passenger transported in violation of this Act. Sets forth a terminable exception to such requirements for certain ineligible vessels.
Authorizes the Secretary of Transportation to issue a certificate of documentation with a coastwise endorsement for the Panamanian-registered Europa Sun and Europa Star and the Spanish-registered M/V Helton Voyager.
Authorizes a foreign vessel to engage in coastwise trade before May 21, 1997, if: (1) it did not engage in such trade before January 1, 1992; (2) the owner of such vessel entered into a contract to purchase it before May 21, 1992; (3) the owner or operator of the vessel entered into a binding terminal agreement with a U.S port before May 21, 1992; (4) the vessel, when engaged in coastwise trade, only operates from that port; (5) it is not sold by the owner; and (6) the owner of such vessel files with the Secretary a copy of the purchase contract, the terminal agreement, and any other evidence to demonstrate that the owner purchased it to engage in coastwise trade.
Union Calendar No. 479 102d CONGRESS 2d Session H. R. 5257 [Report No. 102-835] A BILL To amend the coastwise trade laws to clarify their application to certain passenger vessels. August 11, 1992 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed HR 5257 RH Union Calendar No. 479 102d CONGRESS 2d Session H. R. 5257 [Report No. 102-835] To amend the coastwise trade laws to clarify their application to certain passenger vessels. IN THE HOUSE OF REPRESENTATIVES May 21, 1992 Mr. TAYLOR of Mississippi (for himself, Mr. JONES of North Carolina, Mr. DAVIS, Mr. LENT, and Mr. FIELDS) introduced the following bill; which was referred to the Committee on Merchant Marine and Fisheries August 11, 1992 Additional sponsors: Mr. TAUZIN, Mr. BLACKWELL, Mr. STUDDS, Mr. MONTGOMERY, Mr. ANNUNZIO, Mr. JOHNSON of South Dakota, Mr. TOWNS, Mr. HUGHES, Mr. LANCASTER, Mr. EVANS, and Mr. DeFazio August 11, 1992 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on May 21, 1992] 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 1992'. 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(c) of the Shipping Act, 1916; 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-- `(1) the term `coastwise trade' includes-- `(A) transportation of a passenger from a place in any State or possession of the United States to any point outside of that State or possession 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; and `(2) 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-- (A) after any date on which the vessel is sold after the date of enactment of this Act; or (B) after the later of-- (i) January 1, 1998; (ii) January 1, 2001, if during the period beginning January 1, 1995, and ending January 1, 2001-- (I) each individual employed on the vessel 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 are aliens lawfully admitted to the United States for permanent residence; (iii) 20 years after the date on which the vessel was built; or (iv) 20 years after the date of the completion of a major conversion (as defined in section 2101 of title 46, United States Code) of the vessel commenced before January 1, 1992. (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. (c) DOCUMENTATION OF VESSELS- Notwithstanding the first proviso of section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), before January 1, 1995, the Secretary of Transportation may issue a certificate of documentation with a coastwise endorsement for a vessel that engaged, in the period beginning January 1, 1990, and ending January 1, 1992, in coastwise trade described in section 8(c)(1)(A) of the Act of June 19, 1886 (as amended by subsection (a)).
Introduced in House
Introduced in House
Referred to the House Committee on Merchant Marine and Fisheries.
Executive Comment Requested from DOT, Treasury.
Referred to the Subcommittee On Merchant Marine.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended).
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended).
Reported (Amended) by the Committee on Merchant Marine and Fisheries. H. Rept. 102-835.
Reported (Amended) by the Committee on Merchant Marine and Fisheries. H. Rept. 102-835.
Placed on the Union Calendar, Calendar No. 479.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
Mr. Studds moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules.
DEBATE - The House proceeded with forty minutes of debate.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and read twice and referred to the Committee on Commerce.