[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1159 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1159

   To revise, clarify, and improve certain marine safety laws of the 
                 United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 1, 1993

 Mr. Tauzin (for himself, Mr. Studds, Mr. Fields of Louisiana, and Mr. 
    Coble) introduced the following bill; which was referred to the 
               Committee on Merchant Marine and Fisheries

_______________________________________________________________________

                                 A BILL


 
   To revise, clarify, and improve certain marine safety laws of the 
                 United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                    TITLE I.--PASSENGER DEFINITIONS

SECTION 101. SHORT TITLE.

    This Act may be cited as the ``Passenger Vessel Safety Act of 
1993''.

SEC. 102. PASSENGER.

    Section 2101(21) of title 46, United States Code, is amended to 
read as follows:
            ``(21) `passenger'--
                    ``(A) means an individual carried on the vessel 
                except--
                            ``(i) the owner or representative of the 
                        owner or, in the case of a charter, the 
                        charterer or representative of the charterer;
                            ``(ii) the master; or
                            ``(iii) a member of the crew engaged in the 
                        business of the vessel who has not contributed 
                        consideration for carriage and who is paid for 
                        on board services.
                    ``(B) on an offshore supply vessel, means an 
                individual carried on the vessel except--
                            ``(i) an individual included in clause (i), 
                        (ii), or (iii) of subparagraph (A) of this 
                        paragraph;
                            ``(ii) an employee of the owner, or of a 
                        subcontractor to the owner, engaged in the 
                        business of the owner;
                            ``(iii) an employee of the charterer, or of 
                        a subcontractor to the charterer, engaged in 
                        the business of the charterer; or
                            ``(iv) an individual employed in a phase of 
                        exploration, exploitation, or production of 
                        offshore mineral or energy resources served by 
                        the vessel.
                    ``(C) on a fishing vessel, fish processing vessel, 
                or fish tender vessel, means an individual carried on 
                the vessel except--
                            ``(i) an individual included in clause (i), 
                        (ii), or (iii) of subparagraph (A) of this 
                        paragraph;
                            ``(ii) a managing operator;
                            ``(iii) an employee of the owner, or of a 
                        subcontractor to the owner, engaged in the 
                        business of the owner; or
                            ``(iv) an employee of the charterer, or of 
                        a subcontractor to the charterer, engaged in 
                        the business of the charterer.
                    (D) on a sailing school vessel, means an individual 
                carried on the vessel except--
                            ``(i) an individual included in clause (i), 
                        (ii), or (iii) of subparagraph (A) of this 
                        paragraph;
                            ``(ii) an employee of the owner of the 
                        vessel engaged in the business of the owner, 
                        except when the vessel is operating under a 
                        demise charter;
                            ``(iii) an employee of the demise charterer 
                        of the vessel engaged in the business of the 
                        demise charterer; or
                            ``(iv) a sailing school instructor or 
                        sailing school student.''

SEC. 103. PASSENGER VESSEL.

    Section 2101(22) of title 46, United States Code, is amended to 
read as follows:
            ``(22) `passenger vessel' means a vessel of at least 100 
        gross tons--
                    ``(A) carrying at least one passenger for hire;
                    ``(B) which is a charter with the crew provided or 
                specified by the owner or the owner's representative 
                and carrying at least one passenger; or
                    ``(C) which is a charter with no crew provided or 
                specified by the owner or the owner's representative 
                and carrying more than twelve passengers.''

SEC. 104. SMALL PASSENGER VESSEL.

    Section 2101(35) of title 46, United States Code, is amended to 
read as follows:
            ``(35) `small passenger vessel' means a vessel of less than 
        100 gross tons--
                    ``(A) carrying more than six passengers, including 
                at least one passenger for hire;
                    ``(B) which is a charter with the crew provided or 
                specified by the owner or the owner's representative 
                and carrying more than six passengers;
                    ``(C) which is a charter with no crew provided or 
                specified by the owner or the owner's representative 
                and carrying more than twelve passengers; or
                    ``(D) which is a submersible vessel carrying at 
                least one passenger for hire.''

SEC. 105. UNINSPECTED PASSENGER VESSEL.

    Section 2101(42) of title 46, United States Code, is amended by 
inserting ``, including at least one passenger for hire, or which is a 
charter with the crew provided or specified by the owner or the owner's 
representative and carrying not more than six passengers'' immediately 
after ``passengers'' and before the period at the end.

SEC. 106. PASSENGER FOR HIRE.

    Section 2101 of title 46, United States Code, is amended by 
inserting between paragraphs (21) and (22) a new paragraph (21a) to 
read as follows:
            ``(21a) `passenger for hire' means a passenger for whom 
        consideration is contributed, whether directly or indirectly 
        flowing to the owner, charterer, operator, agent, or any other 
        person having an interest in the vessel, as a condition of 
        carriage on the vessel.''

SEC. 107. CONSIDERATION.

    Section 2101 of title 46, United States Code, is amended by 
inserting between paragraphs (5) and (6) a new paragraph (5a) to read 
as follows:
            ``(5a) `consideration' means an economic benefit, 
        inducement, right, or profit including but not limited to 
        pecuniary payment accruing to an individual, person, or entity, 
        but not including a voluntary donation of food, beverage, or 
        other item which is of a nominal value considering the 
        circumstances.''

SEC. 108. OFFSHORE SUPPLY VESSEL.

    Section 2101(19) of title 46, United States Code, is amended by 
inserting ``individuals in addition to the crew,'' immediately after 
``supplies,'' and by striking everything after ``resources'' to the 
period at the end.

SEC. 109. SAILING SCHOOL VESSEL.

    Section 2101(30) of title 46, United States Code, is amended in 
subparagraph (B) by striking ``at least 6'' and substituting ``more 
than 6'' in its place.

SEC. 110. SUBMERSIBLE VESSEL.

    Section 2101 of title 46, United States Code, is amended by 
inserting between paragraphs (37) and (38) a new paragraph (37a) to 
read as follows:
            ``(37a) `submersible vessel' means a vessel which is 
        capable of operating below the surface of the water.''

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