[Congressional Record Volume 145, Number 2 (Thursday, January 7, 1999)]
[Extensions of Remarks]
[Pages E25-E26]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      CRUISES TO NOWHERE ACT 1999

                                 ______
                                 

                           HON. FRANK R. WOLF

                              of virginia

                    in the house of representatives

                       Wednesday, January 6, 1999

  Mr. WOLF. Mr. Speaker, today I am introducing legislation regarding 
so-called ``cruises to nowhere.'' ``Cruises to nowhere'' are gambling 
cruises, ships where a destination, created for the sole purpose of 
allowing passengers to gamble on the high seas on board a floating 
casino. The cruises depart from a certain state, sail three miles into 
international waters for gambling, and then return to the same state. 
States receive no revenue from the cruises, but must absorb the social 
costs associated with the gambling traffic through their state.
  Mr. Speaker, my legislation is about the fundamental principle that 
states should be able to determine on their own if they want gambling 
cruises in their state. My colleagues should be aware that on October 
16, 1998, a federal district court ruled in the state of South Carolina 
that federal law preempts certain state laws prohibiting ``cruises to 
nowhere,'' and are therefore unenforceable. (Casino Ventures v. Robert 
M. Stewart, et al. C/A No. 2:98-1923-18, October 1998) The federal law 
cited by the court is a poorly worded 1992 amendment to the Johnson Act 
buried a bill designating the ``Flower Garden Banks National Marine 
Sanctuary'' (P.L. 102-251). Congress did not intend for the 1992 
amendment to supercede states' rights, and we should act to restore 
state sovereignty with regard high-states, unpoliced and unregulated 
casino gambling around the country.
  Almost every state has a law making it illegal to possess gambling 
equipment (e.g., slot machines). Thus it should be patently illegal for 
a day-trip gambling boat to dock in a state

[[Page E26]]

with statues that clearly prohibit such operations, and it was illegal 
prior to enactment of the 1992 Johnson Act amendment.
  In the meantime, casino ``cruises to nowhere'' have started operating 
out of Florida, Georgia, New York, Massachusetts, and South Carolina. 
Most recently, ``cruises to nowhere'' are planning to dock in Virginia 
and begin operations out of Virginia Beach. Unless Congress acts soon, 
almost all other states bordering the Atlantic Ocean, Pacific Ocean, or 
Gulf of Mexico could expect gambling ships to be docking very soon.
  The legislation I am introducing today would make it clear that no 
preexisting state gambling law is weakened, preempted, or superseded by 
the 1992 Johnson Act amendment. My legislation will restore state 
sovereignty with regard to ``cruises to nowhere.'' (It will give states 
the right to debate, vote and ultimately decide for themselves if they 
want this type of gambling). If states do choose to permit ``cruises to 
nowhere,'' they can enact appropriate legislation, but will not be 
forced to by the federal government.
  Mr. Speaker, I encourage my colleagues to join me in this fundamental 
issues of restoring states' rights. In particular, I urge members from 
coastal states to take a look at this issue and join me as a cosponsor.

                                H.R. --

       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 ``Cruises-to-Nowhere Act of 
     1999''.

     SEC. 2. FINDINGS.

       The Congress finds and declares the following:
       (1) Gambling cruises-to-nowhere are voyages in which a 
     vessel departs a State, sails 3 miles into international 
     waters for the primary purpose of offering gambling beyond 
     the jurisdication of Federal and State laws prohibiting that 
     activity, and returns to the same State.
       (2) Legal authorities have ruled that existing State laws 
     cannot stop the operation of gambling cruises-to-nowhere, on 
     the basis that the Congress preempted such State laws by the 
     enactment of an obscure amendment buried in a 1992 law 
     entitled ``An Act to provide for the designation of the 
     Flower Garden Banks National Marine Sanctuary'' (Public Law 
     102-251).
       (3) Gambling cruises-to-nowhere offer high-stakes, untaxed, 
     unpoliced, and unregulated casino gambling.
       (4) Accordingly, it is necessary to make absolutely clear 
     that gambling cruises-to-nowhere enjoy no special exception 
     from the operation of existing or future State laws and that 
     relevant Federal law is not intended to preempt, supersede, 
     or weaken the authority of States to apply their own laws to 
     gambling cruises-to-nowhere.

     SEC. 3. STATE AUTHORITY OVER CRUISES-TO-NOWHERE.

       Section 5 of the Act of January 2, 1951, entitled ``An Act 
     to prohibit transportation of gambling devices in interstate 
     and foreign commerce'' (15 U.S.C. 1175; popularly known as 
     the Johnson Act), is amended--
       (1) in subsection (b)(2)(A), by striking ``enacted''; and
       (2) by adding at the end the following:
       ``(d) No Preemption of State Laws.--Nothing in this section 
     shall be construed to preempt the law of any State or 
     possession of the United States.''.

     

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