[Congressional Record Volume 140, Number 137 (Tuesday, September 27, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: September 27, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          AMENDMENTS SUBMITTED

                                 ______


                 COAST GUARD AUTHORIZATION ACT OF 1994

                                 ______


                       GORTON AMENDMENT NO. 2590

  (Ordered to lie on the table.)
  Mr. GORTON submitted an amendment intended to be proposed by him to 
the bill (H.R. 4422) to authorize appropriations for fiscal year 1995 
for the Coast Guard, and for other purposes; as follows:

       At the appropriate place in the bill, insert the following 
     new title:

                TITLE--, U.S. CRUISE VESSEL DEVELOPMENT

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``United States Cruise Vessel 
     Development Act''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to promote construction and 
     operation of United States flag cruise vessels in the United 
     States.

     SEC. 3. COASTWISE TRANSPORTATION OF PASSENGERS.

       Section 8 of the Act entitled ``An Act to abolish certain 
     fees for official services to American vessels, and to amend 
     the laws relating to shipping commissioners, seamen, and 
     owners of vessels, and for other purposes'', approved 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 is owned by a person that is--
       ``(A) an individual who is a citizen of the Untied States; 
     or
       ``(B) a corporation, partnership, or association that is a 
     citizen of the United States under section 2(a) of the 
     Shipping Act, 1916;
       ``(2) the vessel meets the requirements of section 27 of 
     the Merchant Marine Act, 1920; and
       ``(3) for a vessel that is at least 5 net tons, the vessel 
     is issued a certificate of documentation under chapter 121 of 
     title 46, United States Code, with a coastwise endorsement.
       ``(b) Exception for Vessel Under Demise Charter.--
       ``(1) In general.--Subsection (a)(1) does not apply to a 
     cruise vessel operating under a demise charter that--
       ``(A) has a term of at least 18 months; and
       ``(B) is to a person described in subsection (a)(1).
       ``(2) Extension of period for operation.--A cruise vessel 
     authorized to operate in coastwise trade under paragraph (1) 
     based on a demise charter described in paragraph (1) may 
     operate in that coastwise trade during a period following the 
     termination of the charter of not more than 6 months, if the 
     operation--
       ``(A) is approved by the Secretary; and
       ``(B) in accordance with such terms as may be prescribed by 
     the Secretary for that approval.
       ``(c) Exception for Vessel To Be Reflagged.--
       ``(1) Exception.--Subsection (a)(2) and section 
     12106(a)(2)(A) of title 46, United States Code, do not apply 
     to a cruise vessel if--
       ``(A) the vessel--
       ``(i) is not documented under chapter 121 of title 46, 
     United States Code, on the date of enactment of the United 
     States Cruise Vessel Development Act; and
       ``(ii) is not less than 5 years old and not more than 15 
     years old on the first date that the vessel is documented 
     under that chapter after that date of enactment; and
       ``(B) the owner or charterer of the vessel has entered into 
     a contract for the construction in the United States of 
     another cruise vessel that has a total berth or stateroom 
     capacity that is at least 80 percent of the capacity of the 
     cruise vessel.
       ``(2) Termination of authority to operate.--Paragraph (1) 
     does not apply to a vessel after the date that is 18 months 
     after the date on which a certificate of documentation with a 
     coastwise endorsement is first issued for the vessel after 
     the date of enactment of the United States Cruise Vessel 
     Development Act if, before the end of that 18-month period, 
     the keel of another vessel has not been laid, or another 
     vessel is not at a similar stage of construction, under a 
     contract required for the vessel under paragraph (1)(B).
       ``(3) Extension of period before termination.--The 
     Secretary of Transportation may extend the period under 
     paragraph (2) for not more than 6 months for good cause 
     shown.
       ``(d) Limitation on Operations.--A person (including a 
     related person with respect to that person) that owns or 
     charters a cruise vessel operating in coastwise trade under 
     subsection (b) or (c) under a coastwise endorsement may not 
     operate any vessel between--
       ``(1) any 2 ports served by another cruise vessel that 
     transports passengers in coastwise trade under subsection (a) 
     on the date the Secretary issues the coastwise endorsement; 
     or
       ``(2) the island of Hawaii.
       ``(e) 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.
       ``(3) Disqualification from coastwise trade.--A person that 
     is required to enter into a construction contract under 
     subsection (c)(1)(B) with respect to a cruise vessel 
     (including any related person with respect to that person) 
     may not own or operate any vessel in coastwise trade after 
     the period applicable under subsection (c)(2) with respect to 
     the cruise vessel, if before the end of that period a keel is 
     not laid and a similar stage of construction is not reached 
     under such a contract.
       ``(f) Definitions.--In this section--
       ``(1) the term `coastwise trade' includes transportation of 
     a passenger between points in the United States, either 
     directly or by way of a foreign port;
       ``(2) the term `cruise vessel' means a vessel that--
       ``(A) is at least 10,000 gross tons (as measured under 
     chapter 143 of title 46, United States Code);
       ``(B) has berth or stateroom accommodations for at least 
     200 passengers; and
       ``(C) is not a ferry;
       ``(3) the term `related person' means, with respect to a 
     person--
       ``(A) a holding company, subsidiary, affiliate, or 
     association of the person; and
       ``(B) an officer, director, or agent of the person or of an 
     entity referred to in subparagraph (A).''.

     SEC. 4. CONSTRUCTION STANDARDS.

       Section 3309 of title 46, United States Code, is amended by 
     adding at the end the following:
       ``(d)(1) A vessel described in paragraph (3) is deemed to 
     comply with parts B and C of this subtitle.
       ``(2) The Secretary shall issue a certificate of inspection 
     under subsection (a) to a vessel described in paragraph (3).
       ``(8) A vessel is described in this paragraph if--
       ``(A) it meets the standards and conditions for the 
     issuance of a control verification certificate to a foreign 
     vessel embarking passengers in the United States;
       ``(B) a coastwise endorsement is issued for the vessel 
     under section 12106 of this title after the date of enactment 
     of the United States Cruise Vessel Development Act; and
       ``(C) the vessel is authorized to engage in coastwise trade 
     by reason of section 8(c) of the Act entitled `An Act to 
     abolish certain fees for official services to American 
     vessels, and to amend the laws relating to shipping 
     commissioners, seamen, and owners of vessels, and for other 
     purposes', approved of June 19, 1886.''.

     SEC. 5. CITIZENSHIP FOR PURPOSES OF DOCUMENTATION.

       Section 2 of the Shipping Act, 1916 (46 App. U.S.C. 802), 
     is amended--
       (1) in subsection (a) by inserting ``other than primarily 
     in the transport of passengers,'' after ``the coastwise 
     trade''; and
       (2) by adding at the end the following:
       ``(e) For purposes of determining citizenship under 
     subsection (a) with respect to operation of a vessel 
     primarily in the transport of passengers in coastwise trade, 
     the controlling interest in a partnership or association that 
     owns the vessel shall not be deemed to be owned by citizens 
     of the United States unless a majority interest in the 
     partnership or association is owned by citizens of the United 
     States free from any trust or fiduciary obligation in favor 
     of any person that is not a citizen of the United States.''.

     SEC. 6. AMENDMENT TO TITLE XI OF THE MERCHANT MARINE ACT, 
                   1936.

       Section 1101(b) of the Merchant Marine Act, 1936 (46 App. 
     U.S.C. 1271(b)) is amended by striking ``passenger cargo'' 
     and inserting ``passenger, cargo,''.

     SEC. 7. PERMITS FOR VESSELS ENTERING UNITS OF NATIONAL PARK 
                   SYSTEM.

       (a) Priority.--Notwithstanding any other provision of law, 
     the Secretary of the Interior may not permit a person to 
     operate a vessel in any unit of the National Park System 
     except in accordance with the following priority:
       (1) First, any person that--
       (A) will operate a vessel that is documented under the laws 
     of, and the home port of which is located in, the United 
     States; or
       (B) holds rights to provide visitors services under section 
     1307(a) of the Alaska National Interest Lands Conservation 
     Act (16 U.S.C. 3197(A)).
       (2) Second, any person that will operate a vessel that--
       (A) is documented under the laws of a foreign country, and
       (B) on the date of the enactment of this Act is permitted 
     to be operated by the person in the unit.
       (3) Third, any person that will operate a vessel other than 
     a vessel described in paragraph (1) or (2).
       (B) Revocation of Permits for Foreign Documented Vessels.--
     The Secretary of the Interior shall revoke or refuse to renew 
     permission granted by the Secretary for the operation of a 
     vessel documented under the laws of a foreign country in a 
     unit of the National Park System, if--
       (1) a person requests permission to operate a vessel 
     documented under the laws of the United States in that unit; 
     and
       (2) the permission may not be granted because of a limit on 
     the number of permits that may be issued for that operation.
       (c) Restrictions on Revocation of Permits.--The Secretary 
     of the Interior may not revoke or refuse to renew permission 
     under subsection (b) for any person holding rights to provide 
     visitor services under section 1307(a) of the Alaska National 
     Interest Lands Conservation Act (16 U.S.C. 3197(a)).
       (d) Return of Permits.--Any person whose permission to 
     provide visitors services in a unit of the National Park 
     System has been revoked or not renewed under subsection (b) 
     shall have the right of first refusal to a permit to provide 
     visitors services in that unit of the National Park System 
     that becomes available when the conditions described in 
     subsection (b) no longer apply. Such right shall be limited 
     to the number of permits which are revoked or not renewed.
                                 ______


                       GORTON AMENDMENT NO. 2591

  (Ordered to lie on the table.)
  Mr. GORTON submitted an amendment intended to be proposed by him to 
the bill (S. 2373) to authorize appropriations for fiscal year 1995 for 
the U.S. Coast Guard, and for other purposes; as follows:

       At the appropriate place in the bill, insert the following 
     new title:

                TITLE--, U.S. CRUISE VESSEL DEVELOPMENT

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``United States Cruise Vessel 
     Development Act''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to promote construction and 
     operation of United States flag cruise vessels in the United 
     States.

     SEC. 3. COASTWISE TRANSPORTATION OF PASSENGERS.

       Section 8 of the Act entitled ``An Act to abolish certain 
     fees for official services to American vessels, and to amend 
     the laws relating to shipping commissioners, seamen, and 
     owners of vessels, and for other purposes'', approved 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 is owned by a person that is--
       ``(A) an individual who is a citizen of the Untied States; 
     or
       ``(B) a corporation, partnership, or association that is a 
     citizen of the United States under section 2(a) of the 
     Shipping Act, 1916;
       ``(2) the vessel meets the requirements of section 27 of 
     the Merchant Marine Act, 1920; and
       ``(3) for a vessel that is at least 5 net tons, the vessel 
     is issued a certificate of documentation under chapter 121 of 
     title 46, United States Code, with a coastwise endorsement.
       ``(b) Exception for Vessel Under Demise Charter.--
       ``(1) In general.--Subsection (a)(1) does not apply to a 
     cruise vessel operating under a demise charter that--
       ``(A) has a term of at least 18 months; and
       ``(B) is to a person described in subsection (a)(1).
       ``(2) Extension of period for operation.--A cruise vessel 
     authorized to operate in coastwise trade under paragraph (1) 
     based on a demise charter described in paragraph (1) may 
     operate in that coastwise trade during a period following the 
     termination of the charter of not more than 6 months, if the 
     operation--
       ``(A) is approved by the Secretary; and
       ``(B) in accordance with such terms as may be prescribed by 
     the Secretary for that approval.
       ``(c) Exception for Vessel To Be Reflagged.--
       ``(1) Exception.--Subsection (a)(2) and section 
     12106(a)(2)(A) of title 46, United States Code, do not apply 
     to a cruise vessel if--
       ``(A) the vessel--
       ``(i) is not documented under chapter 121 of title 46, 
     United States Code, on the date of enactment of the United 
     States Cruise Vessel Development Act; and
       ``(ii) is not less than 5 years old and not more than 15 
     years old on the first date that the vessel is documented 
     under that chapter after that date of enactment; and
       ``(B) the owner or charterer of the vessel has entered into 
     a contract for the construction in the United States of 
     another cruise vessel that has a total berth or stateroom 
     capacity that is at least 80 percent of the capacity of the 
     cruise vessel.
       ``(2) Termination of authority to operate.--Paragraph (1) 
     does not apply to a vessel after the date that is 18 months 
     after the date on which a certificate of documentation with a 
     coastwise endorsement is first issued for the vessel after 
     the date of enactment of the United States Cruise Vessel 
     Development Act if, before the end of that 18-month period, 
     the keel of another vessel has not been laid, or another 
     vessel is not at a similar stage of construction, under a 
     contract required for the vessel under paragraph (1)(B).
       ``(3) Extension of period before termination.--The 
     Secretary of Transportation may extend the period under 
     paragraph (2) for not more than 6 months for good cause 
     shown.
       ``(d) Limitation on Operations.--A person (including a 
     related person with respect to that person) that owns or 
     charters a cruise vessel operating in coastwise trade under 
     subsection (b) or (c) under a coastwise endorsement may not 
     operate any vessel between--
       ``(1) any 2 ports served by another cruise vessel that 
     transports passengers in coastwise trade under subsection (a) 
     on the date the Secretary issues the coastwise endorsement; 
     or
       ``(2) the island of Hawaii.
       ``(e) 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.
       ``(3) Disqualification from coastwise trade.--A person that 
     is required to enter into a construction contract under 
     subsection (c)(1)(B) with respect to a cruise vessel 
     (including any related person with respect to that person) 
     may not own or operate any vessel in coastwise trade after 
     the period applicable under subsection (c)(2) with respect to 
     the cruise vessel, if before the end of that period a keel is 
     not laid and a similar stage of construction is not reached 
     under such a contract.
       ``(f) Definitions.--In this section--
       ``(1) the term `coastwise trade' includes transportation of 
     a passenger between points in the United States, either 
     directly or by way of a foreign port;
       ``(2) the term `cruise vessel' means a vessel that--
       ``(A) is at least 10,000 gross tons (as measured under 
     chapter 143 of title 46, United States Code);
       ``(B) has berth or stateroom accommodations for at least 
     200 passengers; and
       ``(C) is not a ferry;
       ``(3) the term `related person' means, with respect to a 
     person--
       ``(A) a holding company, subsidiary, affiliate, or 
     association of the person; and
       ``(B) an officer, director, or agent of the person or of an 
     entity referred to in subparagraph (A).''.

     SEC. 4. CONSTRUCTION STANDARDS.

       Section 3309 of title 46, United States Code, is amended by 
     adding at the end the following:
       ``(d)(1) A vessel described in paragraph (3) is deemed to 
     comply with parts B and C of this subtitle.
       ``(2) The Secretary shall issue a certificate of inspection 
     under subsection (a) to a vessel described in paragraph (3).
       ``(8) A vessel is described in this paragraph if--
       ``(A) it meets the standards and conditions for the 
     issuance of a control verification certificate to a foreign 
     vessel embarking passengers in the United States;
       ``(B) a coastwise endorsement is issued for the vessel 
     under section 12106 of this title after the date of enactment 
     of the United States Cruise Vessel Development Act; and
       ``(C) the vessel is authorized to engage in coastwise trade 
     by reason of section 8(c) of the Act entitled `An Act to 
     abolish certain fees for official services to American 
     vessels, and to amend the laws relating to shipping 
     commissioners, seamen, and owners of vessels, and for other 
     purposes', approved of June 19, 1886.''.

     SEC. 5. CITIZENSHIP FOR PURPOSES OF DOCUMENTATION.

       Section 2 of the Shipping Act, 1916 (46 App. U.S.C. 802), 
     is amended--
       (1) in subsection (a) by inserting ``other than primarily 
     in the transport of passengers,'' after ``the coastwise 
     trade''; and
       (2) by adding at the end the following:
       ``(e) For purposes of determining citizenship under 
     subsection (a) with respect to operation of a vessel 
     primarily in the transport of passengers in coastwise trade, 
     the controlling interest in a partnership or association that 
     owns the vessel shall not be deemed to be owned by citizens 
     of the United States unless a majority interest in the 
     partnership or association is owned by citizens of the United 
     States free from any trust or fiduciary obligation in favor 
     of any person that is not a citizen of the United States.''.

     SEC. 6. AMENDMENT TO TITLE XI OF THE MERCHANT MARINE ACT, 
                   1936.

       Section 1101(b) of the Merchant Marine Act, 1936 (46 App. 
     U.S.C. 1271(b)) is amended by striking ``passenger cargo'' 
     and inserting ``passenger, cargo,''.

     SEC. 7. PERMITS FOR VESSELS ENTERING UNITS OF NATIONAL PARK 
                   SYSTEM.

       (a) Priority.--Notwithstanding any other provision of law, 
     the Secretary of the Interior may not permit a person to 
     operate a vessel in any unit of the National Park System 
     except in accordance with the following priority:
       (1) First, any person that--
       (A) will operate a vessel that is documented under the laws 
     of, and the home port of which is located in, the United 
     States; or
       (B) holds rights to provide visitors services under section 
     1307(a) of the Alaska National Interest Lands Conservation 
     Act (16 U.S.C. 3197(A)).
       (2) Second, any person that will operate a vessel that--
       (A) is documented under the laws of a foreign country, and
       (B) on the date of the enactment of this Act is permitted 
     to be operated by the person in the unit.
       (3) Third, any person that will operate a vessel other than 
     a vessel described in paragraph (1) or (2).
       (b) Revocation of Permits for Foreign Documented Vessels.--
     The Secretary of the Interior shall revoke or refuse to renew 
     permission granted by the Secretary for the operation of a 
     vessel documented under the laws of a foreign country in a 
     unit of the National Park System, if--
       (1) a person requests permission to operate a vessel 
     documented under the laws of the United States in that unit; 
     and
       (2) the permission may not be granted because of a limit on 
     the number of permits that may be issued for that operation.
       (c) Restrictions on Revocation of Permits.--The Secretary 
     of the Interior may not revoke or refuse to renew permission 
     under subsection (b) for any person holding rights to provide 
     visitor services under section 1307(a) of the Alaska National 
     Interest Lands Conservation Act (16 U.S.C. 3197(a)).
       (d) Return of Permits.--Any person whose permission to 
     provide visitors services in a unit of the National Park 
     System has been revoked or not renewed under subsection (b) 
     shall have the right of first refusal to a permit to provide 
     visitors services in that unit of the National Park System 
     that becomes available when the conditions described in 
     subsection (b) no longer apply. Such right shall be limited 
     to the number of permits which are revoked or not renewed.

                          ____________________