[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4673 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4673

   To stimulate increased domestic cruise ship opportunities for the 
  American cruising public by temporarily reducing barriers for entry 
                  into the domestic cruise ship trade.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 1, 1998

Mr. Smith of Michigan introduced the following bill; which was referred 
to the Committee on National Security, and in addition to the Committee 
 on Transportation and Infrastructure, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To stimulate increased domestic cruise ship opportunities for the 
  American cruising public by temporarily reducing barriers for entry 
                  into the domestic cruise ship trade.

    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 ``Cruise America Act of 1998''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Cruise ship.--The term ``cruise ship'' means a self-
        propelled ship that--
                    (A) is of at least 9,000 gross tons (as measured 
                under chapter 143 of title 46, United States Code) and 
                has a stateroom or berth capacity of at least 200 
                passengers;
                    (B) provides a full range of accommodations, 
                entertainment, dining, and other services for its 
                passengers; and
                    (C) does not operate as a ferry providing 
                intrastate or interstate commuter service for 
                passengers, vehicles or other cargo for compensation.
            (2) Person.--The term ``person'' means a corporation, 
        partnership, limited liability company, association, or other 
        entity, the controlling interest of which is owned by citizens 
        of the United States within the meaning of section 2(a) of the 
        Shipping Act, 1916 (46 U.S.C. App. 802(a)).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 3. EMPLOYMENT OF FOREIGN-BUILT, U.S.-FLAG CRUISE SHIPS IN THE 
              COASTWISE TRADE.

    (a) In General.--Notwithstanding section 12106(a)(2) of title 46, 
United States Code, section 27 of the Merchant Marine Act, 1920 (46 
U.S.C. App. 883), and section 8 of the Act of June 19, 1886 (46 U.S.C. 
App. 289), the Secretary may issue a certificate of documentation with 
coastwise endorsement for a cruise ship not built in the United States, 
or if rebuilt, not rebuilt in the United States, to a person that is an 
owner or operator of such cruise ship.
    (b) Limitations.--
            (1) A certificate of documentation with coastwise 
        endorsement may be issued pursuant to subsection (a) of this 
        section only for a cruise ship that was built or rebuilt not 
        more than 10 years before the date of enactment of this Act.
            (2) A certificate of documentation with coastwise 
        endorsement may be issued pursuant to subsection (a) of this 
        section only for a cruise ship that--
                    (A) is of at least 20,000 gross tons (as measured 
                under chapter 143 of title 46, United States Code); or
                    (B) has a stateroom or berth capacity of at least 
                800 passengers.
            (3) Certificates of documentation with coastwise 
        endorsement may be issued pursuant to subsection (a) of this 
        section for not more than 3 cruise ships.
            (4) The Secretary may require any additional appropriate 
        conditions the Secretary deems necessary.
    (b) Construction Standards.--
            (1) Certificate of inspection.--A cruise ship issued a 
        certificate of documentation with coastwise endorsement 
        pursuant to subsection (a) of this section shall be eligible 
        for a certificate of inspection (as prescribed by 46 U.S.C. 
        3309) if the Secretary determines that--
                    (A) the cruise ship is classed by and designed in 
                accordance with the rules of a classification society 
                accepted by the Secretary; and
                    (B) the cruise ship complies with applicable 
                international agreements and associated guidelines, as 
                determined by the Secretary. Additionally, such cruise 
                ship shall be equipped with automatic sprinkler and 
fire detection systems meeting the requirements of the 1992 Amendments 
to the Safety of Life at Sea Convention of 1974 (SOLAS 74) throughout 
all service and accommodation spaces.
            (2) Continued eligibility for certificate.--Paragraph (1) 
        of this subsection does not apply to any cruise ship after any 
        date on which the cruise ship fails to comply with the 
        applicable international agreements and associated guidelines 
        described in paragraph (1)(B) of this subsection.
            (3) Reliance on classification society.--The Secretary may 
        rely on a certification from a classification society accepted 
        by the Secretary to establish that the cruise ship is in 
        compliance with the requirements of paragraphs (1) and (2) of 
        this subsection.
    (c) Foreign Transfer.--Notwithstanding section 9(c) of the Shipping 
Act, 1916 (46 U.S.C. App. 808), a coastwise qualified United States-
flag, foreign-built cruise ship may be placed under foreign registry 
without the approval of the Secretary any time after its documentation 
under subsection (a)(1) of this section. The Secretary shall revoke the 
coastwise endorsement of any such cruise ship when it is placed under 
foreign registry.
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