[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2290 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2290

To promote the construction and operation of cruise ships in the United 
                                States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 10, 1998

  Mr. Breaux introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To promote the construction and operation of cruise ships in the United 
                                States.

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

SECTION 1. PURPOSE.

    The purpose of this Act is to allow foreign-constructed vessels to 
be documented as vessels of the United States with the right to engage 
in the domestic coastwise cruise trade in connection with the 
construction of cruise vessels in the United States.

SEC. 2. COASTWISE TRANSPORTATION OF PASSENGERS.

    (a) Reflagging.--
            (1) 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), the Act of June 19, 1886 (46 
        U.S.C. App. 289), or any other provision of law, the Secretary 
        of Transportation may issue a certificate of documentation with 
        a coastwise endorsement for a cruise vessel not constructed in 
        the United States to a person who enters into a binding 
        contract for construction in the United States of a cruise 
        vessel or vessels with a total combined berth or stateroom 
        capacity equal to at least 75 percent of the total combined 
        berth or stateroom capacity of the cruise vessel or vessels for 
        which the certificate is to be issued under this paragraph.
            (2) Certificate sunset.--A certificate of documentation 
        issued to a vessel under paragraph (1) shall terminate 2 years 
        after the date on which all vessels constructed under the 
        binding contract have been delivered.
    (b) Limitations.--
            (1) No competition with u.s.-built vessels.--A vessel 
        issued a certificate of documentation under subsection (a)(1) 
        may not operate in the coastwise cruise trade on a route served 
        by a cruise vessel built in the United States operating under 
        the authority of section 27 of the Merchant Marine Act, 1920 
        (46 U.S.C. App. 883), the Act of June 19, 1886 (46 U.S.C. App. 
        289), section 12106(a)(2) of title 46, United States Code, or 
        any other authority of law in effect on or before the date of 
        enactment of this Act.
            (2) Hawaiian routes prohibited.--A vessel issued a 
        certificate of documentation under subsection (a)(1), or 
        constructed under a binding contract referred to in that 
        subsection, may not operate between or among the islands of 
        Hawaii.

SEC. 3. CONSTRUCTION STANDARDS.

    A vessel issued a certificate of documentation under subsection 
(a)(1) that meets the standards and conditions for the issuance of a 
control verification certificate for a cruise vessel documented under 
the laws of a foreign country embarking passengers in the United States 
is deemed to be in compliance with section 3309 of title 46, United 
States Code.

SEC. 4. FOREIGN TRANSFER.

    Notwithstanding section 9(c) of the Shipping Act, 1916 (46 U.S.C. 
App. 808), a cruise vessel issued a certificate of documentation under 
subsection (a)(1), or constructed under a binding contract referred to 
in that subsection, may be placed under foreign registry after its 
documentation under subsection (a) or its initial documentation (in the 
case of a vessel so constructed), but the Secretary shall revoke the 
coastwise endorsement issued for any such vessel when it is placed 
under foreign registry.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Coastwise cruise trade.--The term ``coastwise cruise 
        trade'' means the transportation of passengers in coastwise 
        trade between points in the United States, either directly or 
        by way of a foreign point, or originating and terminating at 
        the same point in the United States.
            (2) Cruise vessel.--The term ``cruise vessel'' means a 
        vessel that--
                    (A) is at least 10,000 gross tons as measured under 
                chapter 142 of title 46, United States Code; and
                    (B) has berth or stateroom accommodations for at 
                least 275 passengers.
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