United States Flag Cruise Ship Competitiveness Act of 1991 - Amends Federal law (commonly referred to as the Johnson Act) to include U.S.-documented and foreign vessels in the general prohibition of repairing, transporting, possessing, or using gambling devices. Allows such actions on a vessel: (1) on waters outside U.S. and foreign jurisdiction; or (2) in U.S. admiralty and maritime jurisdiction and not in State or U.S. possession jurisdiction. Applies the exception only to voyages and segments: (1) the beginning and ending States of which have not prohibited such actions; and (2) beginning and ending in the same State or U.S. possession and having no intervening stop.
Union Calendar No. 214 102d CONGRESS 1st Session H. R. 3282 [Report No. 102-357] A BILL To provide for the equity of revenue availability on American and foreign cruise vessels, the regulation of gaming on vessels, penalties for gambling violations, and for other purposes. NOVEMBER 22, 1991 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed HR 3282 RH Union Calendar No. 214 102d CONGRESS 1st Session H. R. 3282 [Report No. 102-357] To provide for the equity of revenue availability on American and foreign cruise vessels, the regulation of gaming on vessels, penalties for gambling violations, and for other purposes. IN THE HOUSE OF REPRESENTATIVES AUGUST 2, 1991 Mr. TAYLOR of Mississippi introduced the following bill; which was referred to the Committee on Merchant Marine and Fisheries November 22, 1991 Additional sponsors: Mr. JONES of North Carolina, Mr. DAVIS, Mr. ACKERMAN, Mr. SISISKY, Mrs. BENTLEY, Mr. SCHAEFER, Mr. PICKETT, Mr. SCHIFF, Mr. YATRON, Mr. BUSTAMANTE, Mr. VANDER JAGT, Mr. TRAFICANT, Mr. PETERSON of Minnesota, Mr. DUNCAN, Mr. PALLONE, Mr. DONNELLY, Mr. APPLEGATE, Mr. RAVENEL, Mr. SMITH of Florida, Mr. SAWYER, Mr. JAMES, Mr. QUILLEN, Mr. ALLARD, Mr. STUDDS, Mr. JEFFERSON, Mr. DWYER of New Jersey, Mr. PERKINS, Mr. KOLTER, Mr. MRAZEK, Mr. FRANK of Massachusetts, Mr. LAUGHLIN, Mr. INHOFE, Mr. BORSKI, Mr. MARTIN, Mr. ANDREWS of Maine, Mr. SUNDQUIST, Mr. MANTON, Mr. ORTIZ, Mr. SPENCE, Mr. BATEMAN, Mrs. UNSOELD, Mr. LEWIS of California, Mr. LANTOS, Mr. GORDON, Mr. MARTINEZ, Mr. YOUNG of Alaska, Mr. LEWIS of Florida, Mr. COLEMAN of Texas, Mr. ANDERSON, Mr. GAYDOS, Mr. BUNNING, Mr. BONIOR, Mr. BLILEY, Mr. FOGLIETTA, Mr. CALLAHAN, Mr. CRANE, Mr. KOPETSKI, Mr. TALLON, Mrs. LOWEY of New York, Mr. HAYES of Louisiana, Mr. MURPHY, Mr. MCMILLEN of Maryland, Mr. SAXTON, Mr. RITTER, Mr. ROSS, Mr. MCGRATH, Mr. ABERCROMBIE, Mr. GOSS, Mr. JOHNSON of South Dakota, Mr. FAZIO, Mr. RHODES, Mr. LIPINSKI, Mr. HUBBARD, Mr. ENGEL, Mr. NAGLE, Mr. GILMAN, Mr. MILLER of Washington, Mr. MACHTLEY, Mr. OWENS of New York, Mr. COBLE, Mr. BILIRAKIS, Mr. GALLO, Mr. EVANS, Mr. MAVROULES, Mr. SWETT, Mr. ZIMMER, Mr. DELLUMS, Mr. EMERSON, Mr. CARR, Mr. LEHMAN of Florida, Mr. JONTZ, Mr. ANDREWS of Texas, Mr. HANCOCK, Mr. HOUGHTON, Mr. RIGGS, Mr. HOYER, Ms. KAPTUR, Mr. SMITH of Oregon, Mr. WILSON, Mr. MOODY, Mr. TAYLOR of North Carolina, Mr. REED, Mrs. MORELLA, Mr. CAMP, Mr. MILLER of Ohio, Mr. ALEXANDER, Mr. HERTEL, Mr. NEAL of Massachusetts, Mr. HOCHBRUECKNER, Mr. HOLLOWAY, Mr. MCCOLLUM, Mr. FORD of Tennessee, Mr. MCNULTY, Mr. DERRICK, Mr. CLAY, Mr. LENT, Mr. TAUZIN, Mr. SARPALIUS, Mr. SCHEUER, Mr. OBERSTAR, Mr. WASHINGTON, Ms. MOLINARI, Mr. FLAKE, Mr. GILCHREST, Mr. STOKES, Mr. GINGRICH, Mr. HEFLEY, Mr. HAMMERSCHMIDT, Mr. FASCELL, Mr. OLVER, Mr. WISE, Ms. HORN, Mr. RIDGE, Mr. FRANKS of Connecticut, and Mr. Clement NOVEMBER 22, 1991 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] A BILL To provide for the equity of revenue availability on American and foreign cruise vessels, the regulation of gaming on vessels, penalties for gambling violations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [Struck out->] SECTION 1. SHORT TITLE. [<-Struck out] [Struck out->] This Act may be cited as the `United States Flag Cruise Ship Competitiveness Act of 1991'. [<-Struck out] [Struck out->] SEC. 2. CONFORMING AMENDMENTS [<-Struck out] [Struck out->] (a) Section 5 of the Act of January 2, 1951, as amended (15 U.S.C. 1175), generally referred to as the `Johnson Act,' is amended by numbering the paragraph therein as subsection (a), and by adding a new subsection (b) to read as follows: [<-Struck out] [Struck out->] `(b) Subsection (a) of this section shall not apply to any gambling device being transported on board a vessel subject to and in compliance with section 6 of the Cruise Ship Competitiveness Act of 1991 (to be codified at 18 U.S.C. 1056).'. [<-Struck out] [Struck out->] (b) Section 1(d) of the Act of January 2, 1951, as amended (15 U.S.C. 1171(d)), generally referred to as the `Johnson Act,' is amended so as to read: [<-Struck out] [Struck out->] `(d) The term `interstate or foreign commerce' means commerce (1) from a point in any State or possession of the United States to any point outside thereof, or (2) from a point in any State through any place outside thereof and then to any point in the same State, except in a State where such commerce may only be conducted by transit through points not within that State.'. [<-Struck out] [Struck out->] (c) Section 1(e) of the Act of January 2, 1951, as amended (15 U.S.C. 1171(e)), generally referred to as the `Johnson Act,' is amended so as to read: [<-Struck out] [Struck out->] `(e) The term `intrastate commerce' means commerce (1) wholly within one State or possession of the United States, or (2) from a point in any State, through a place outside thereof, and then directly to any point in the same State, in a State where such commerce may only be conducted by transit through points not within that State.'. [<-Struck out] [Struck out->] (d) Section 2 of Public Law 87-216 (18 U.S.C. 1084) as added to chapter 50 of title 18 (commonly referred to as the `Gambling Ship Act') and amended, is hereby recodified as chapter 95 of title 95 of title 18 as a new section (18 U.S.C. 1955A). [<-Struck out] [Struck out->] (e) Section 2 of Public Law 87-216, as amended (recodified to 18 U.S.C. 1955A by subsection (e) of this section) is amended by adding a new subsection (f), to read: [<-Struck out] [Struck out->] `(f) As used in this section, the term `wire communication facility' means any and all instrumentalities, personnel, and services (among other things, the receipt, forwarding, or delivery of communication) used or useful in the transmission of writings, signs, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such transmission.'. [<-Struck out] [Struck out->] (f) Chapter 50 of title 18, as amended, commonly referred to as the `Gambling Ship Act' (18 U.S.C. 1081, et seq.), is hereby repealed and replaced by a new chapter 50 to title 18 including such section of this Act as may be codified therein. [<-Struck out] [Struck out->] SEC. 3. DEFINITIONS. [<-Struck out] [Struck out->] For the purpose of this Act-- [<-Struck out] [Struck out->] (a) The term `gambling device' has the same meaning given it in section 1(a) of the Act of January 2, 1951, as amended (15 U.S.C. 1171(a)), generally referred to as the `Johnson Act'; [<-Struck out] [Struck out->] (b) `Gambling ship' means a United States vessel of at least fifty gross registered tons--and is certified by the United States Coast Guard for the carriage of passengers, and has one or more gaming establishments aboard, or that carries or operates gambling devices for the use of its passengers or otherwise provides facilities for the purpose of gaming; [<-Struck out] [Struck out->] (c) `Gaming' means the conduct of gaming or gambling for money or other thing of value, including-- [<-Struck out] [Struck out->] (1) accepting, recording, or registering bets; [<-Struck out] [Struck out->] (2) carrying on a policy game or any other lottery; or [<-Struck out] [Struck out->] (3) playing any game of chance; [<-Struck out] [Struck out->] (d) `Gaming establishment' means any common gaming or gambling establishment aboard a vessel, operated for the purpose of gaming or gambling including accepting, recording, or registering bets, or carrying on a policy game or any other lottery, or playing any game of chance, for money or other thing of value; [<-Struck out] [Struck out->] (e) The term `interstate or foreign commerce' has the same meaning given it in section 1(d) of the Act of January 2, 1951, as amended (15 U.S.C. 1171(d)), generally referred to as the `Johnson Act'; [<-Struck out] [Struck out->] (f) `non-gaming activities' may include, but shall not be limited to, educational programs, dining, retail and duty-free shopping, music, entertainment, recreation, personal services, business meetings, conventions, and non-gaming amusement devices; [<-Struck out] [Struck out->] (g) The term `State' includes the District of Columbia, Puerto Rico, the Virgin Islands, and Guam. [<-Struck out] [Struck out->] (h) `United States' means the States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and all other possessions and territories of the United States. [<-Struck out] [Struck out->] (i) `United States vessel' means a vessel-- [<-Struck out] [Struck out->] (1) documented under chapter 121 of title 46, United States Code; [<-Struck out] [Struck out->] (2) numbered under chapter 123 of that title; or [<-Struck out] [Struck out->] (3) titled under the law of a State; and [<-Struck out] [Struck out->] (j) `vessel' means every kind of water and air craft or other contrivance used or capable of being used as a means of transportation on water, or on water and in the air, as well as any ship, boat, barge, or any other water craft or any structure capable of floating on the water. [<-Struck out] [Struck out->] SEC. 4. GAMBLING SHIP RESTRICTIONS AND ENFORCEMENT AUTHORITY [<-Struck out] [Struck out->] (a) GAMBLING SHIPS- [<-Struck out] [Struck out->] (1) Except as provided in subsection (d) of this section and section 6 of this Act, it shall be unlawful for any person within or under the jurisdiction of the United States, directly or indirectly-- [<-Struck out] [Struck out->] (i) to set up, operate, or own or hold any interest in any gambling ship or any gaming establishment aboard any vessel; or [<-Struck out] [Struck out->] (ii) in pursuance of the operation of any gambling ship or any gaming establishment aboard a vessel, to conduct or deal any gambling game, or to conduct or operate any gambling device, or to induce, entice, solicit, or permit any person to bet, pay or wager at any such establishment, [<-Struck out] [Struck out->] if such gambling ship, or such vessel with a gaming establishment aboard, operates to, from, or through the United States, or is a United States vessel, unless such gambling ship, or such vessel with a gaming establishment aboard is operating solely within the jurisdiction of a State. [<-Struck out] [Struck out->] (2) Gaming activities may not be conducted within the special maritime and territorial jurisdiction of the United States, as defined in section 7 of title 18, United States Code, as amended, except for in those portions of the special maritime and territorial jurisdiction of the United States described in subsections 7(1) and 7(2) of title 18, as amended, when otherwise in compliance with this section. [<-Struck out] [Struck out->] (b) TRANSPORTATION BETWEEN SHORE AND SHIP- It shall be unlawful to operate or use, or to permit the operation or use of, a vessel for the carriage or transportation, or for any part of the carriage or transportation, either directly or indirectly, or any passengers, for hire or otherwise, between a point or place in the United States and a vessel located beyond three miles from the coastline of the United States and not within the jurisdiction of any State, and outside of the territorial waters of any foreign nation, which has one or more gambling establishments on board, and which is not subject to this Act, or which is subject to this Act and is in violation of any provision thereof. [<-Struck out] [Struck out->] (c) PENALTIES AND ENFORCEMENT- [<-Struck out] [Struck out->] (1) Whoever violates any provision of subsections (a) or (b) of this section shall be fined not more than $50,000 or imprisoned not more than two years, or both. [<-Struck out] [Struck out->] (2) Whoever violates any provision of subsection (b) of this section shall, in addition to any other penalties provided by this chapter, be subject to a civil penalty of $500 for each passenger carried or transported in violation of such provisions. Such penalty shall constitute a lien on such vessel, and proceedings to enforce such lien may be brought summarily by way of libel in any court of the United States having jurisdiction thereof. [<-Struck out] [Struck out->] (3) Whoever, being the owner of any vessel within or under the jurisdiction of the United States, or being within or under the jurisdiction of the United States and being the owner of any vessel, uses, or knowingly permits the use of, such vessel in violation of any provision of this section shall, in addition to any other penalties provided by this chapter, forfeit such vessel, together with all furniture and equipment and any part thereof, to the United States. [<-Struck out] [Struck out->] (4) The Secretary of the Treasury is charged with enforcement of this section and shall prescribe necessary and reasonable rules and regulation to enforce this section and to prevent violation of its provisions. [<-Struck out] [Struck out->] (d) FOREIGN VESSELS- Subsection (a)(1) of this section is not violated if the gambling ship or vessel in question is a vessel of foreign registry or operated under the authority of a foreign nation, and the vessel is operating on a voyage of at least thirty-six hours or is engaged in transporting passengers to, from or through the United States to or from any foreign port or any port in the United States, Virgin Islands, or the Commonwealth of Puerto Rico. [<-Struck out] [Struck out->] SEC. 5. APPLICATION. [<-Struck out] [Struck out->] (a) Except as provided in subsection (b) of this section, section 6 of this Act applies to any gambling ship that is a United States vessel of at least fifty gross registered tons and certified by the United States Coast Guard for the carriage of passengers. [<-Struck out] [Struck out->] (b) Section 6 of this Act does not apply to gaming, gaming establishments, gambling devices, or any other gaming activities on a United States vessel that is operating solely within the jurisdiction of a State. [<-Struck out] [Struck out->] (c) No provision of this Act shall be interpreted as prohibiting a State from enacting such statutes and regulations as it sees fit regarding the conduct of gaming establishments, on gambling ships within its jurisdiction or on vessels in its waters. [<-Struck out] [Struck out->] (d) No provision of this Act shall be interpreted as exempting the operator of any gaming establishment from the requirements of section 3 of the Act of January 2, 1951, as amended (15 U.S.C. 1173), generally referred to as the `Johnson Act'. [<-Struck out] [Struck out->] SEC. 6. GAMBLING SHIP REGULATION. [<-Struck out] [Struck out->] A vessel to which this section applies, as described in section 5 of this Act, is in compliance with this section, and is not in violation of section 4(a)(1) of this Act, if, on the gambling ship or vessel in question-- [<-Struck out] [Struck out->] (a) all gambling devices aboard the vessel are registered with the Attorney General in accordance with section 3 of the Act of January 2, 1951, as amended (15 U.S.C. 1173), generally referred to as the `Johnson Act'; and [<-Struck out] [Struck out->] (b) all gambling devices, gaming establishments and gaming activities aboard the vessel are operated by a gaming operator under and in compliance with a license issued by a State whose regulatory and licensing procedures are certified under section 8 of this Act as meeting the requirements prescribed by the Attorney General. [<-Struck out] [Struck out->] SEC. 7. GAMING GUIDELINES. [<-Struck out] [Struck out->] (a) The Attorney General shall prescribe minimum guidelines for the regulatory and licensing procedures of a State licensing gaming operators on vessels to which this Act applies, for the enforcement of those guidelines and regulatory and licensing procedures, and for non-gaming shipboard activities required to be provided by gambling ships to which this Act applies. [<-Struck out] [Struck out->] (b) The guidelines for State procedures to be prescribed by the Attorney General may include requirements on-- [<-Struck out] [Struck out->] (1) background investigations as may be necessary; [<-Struck out] [Struck out->] (2) limiting gaming and the placing of bets to only those persons at the gaming establishment and at least eighteen years of age; [<-Struck out] [Struck out->] (3) limiting gaming activities and the placing of bets to include wagers only on those activities and events occurring from or at the gaming establishment; [<-Struck out] [Struck out->] (4) evidence of financial responsibility; [<-Struck out] [Struck out->] (5) sharing of information between States allowing gaming in their jurisdiction; and [<-Struck out] [Struck out->] (6) license suspension for violations of any Federal gaming statute and the gaming statues of any State. [<-Struck out] [Struck out->] SEC. 8. STATE CERTIFICATION. [<-Struck out] [Struck out->] (a) On application by a gaming operator, the Attorney General may certify that the regulatory and licensing procedures of a State in which the gaming operator is licensed meets the Attorney General's guidelines prescribed under section 7 of this Act. [<-Struck out] [Struck out->] (b) After reasonable notice, the Attorney General may suspend or revoke the certification made under subsection (a) of this section if a State's regulatory and licensing procedures have failed to comply with the Attorney General's guidelines prescribed under section 7 of this Act. [<-Struck out] [Struck out->] (c) Gaming activities may not be conducted on a vessel to which section 6 of this Act applies under the authority of a State license and outside of the jurisdiction of any State if the certification granted under subsection (a) of this section for the State issuing the license has been suspended or revoked under subsection (b) of this section. [<-Struck out] [Struck out->] SEC. 9. EFFECTIVE DATE. [<-Struck out] [Struck out->] The provisions of this Act shall be effective one hundred and eighty days after the date of enactment. [<-Struck out] SECTION 1. SHORT TITLE. This Act may be cited as the `United States-Flag Cruise Ship Competitiveness Act of 1991'. SEC. 2. CLARIFICATION OF, AND LIMITATION ON, GAMBLING DEVICES RESTRICTION. Section 5 of the Act of January 2, 1951 (15 U.S.C. 1175), commonly referred to as the Johnson Act, is amended-- (1) by inserting before `It shall be unlawful' the following: `(a) GENERAL RULE- '; (2) by inserting before the period at the end the following: `, including on a vessel documented under chapter 121 of title 46, United States Code, or documented under the laws of a foreign country'; and (3) by adding at the end the following: `(b) EXCEPTION- `(1) IN GENERAL- Except as provided in paragraph (2), this section does not prohibit the repair, transportation, possession, or use of a gambling device on a vessel that is on a voyage or a segment of a voyage on waters that are-- `(A) not in the jurisdiction of any State, possession of the United States, or foreign country; or `(B) otherwise in the admiralty and maritime jurisdiction of the United States and not in the jurisdiction of any State or possession of the United States. `(2) APPLICATION TO CERTAIN VOYAGES AND SEGMENTS- `(A) GENERAL RULE- Paragraph (1) applies to the repair, transportation, possession, or use of a gambling device on a vessel that is on a voyage or segment of a voyage described in subparagraph (B) only if the State or possession of the United States in which the voyage or segment begins and ends has not enacted a statute that prohibits that repair, transportation, possession, or use. `(B) VOYAGES AND SEGMENTS DESCRIBED- A voyage or segment of a voyage referred to in subparagraph (A) is a voyage or segment, respectively-- `(i) that begins and ends in the same State or possession of the United States, and `(ii) during which the vessel does not make an intervening stop in another State or possession of the United States or a foreign country.'. Amend the title so as to read: `A bill to amend the Act commonly referred to as the Johnson Act, to give the same treatment to the repair, transportation, possession, or use of gambling devices on certain United States-flag vessels as is given to that activity on foreign-flag vessels.'.
Executive Comment Requested from DOT.
Referred to the Subcommittee On Merchant Marine.
Subcommittee Hearings Held.
Forwarded by Subcommittee to Full Committee (Amended).
Subcommittee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended).
Committee Consideration and Mark-up Session Held.
Reported (Amended) by the Committee on Merchant Marine and Fisheries. H. Rept. 102-357.
Reported (Amended) by the Committee on Merchant Marine and Fisheries. H. Rept. 102-357.
Placed on the Union Calendar, Calendar No. 214.
Mr. Jones (NC) moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules.
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DEBATE - The House proceeded with forty minutes of debate.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
The title of the measure was amended. Agreed to without objection.
Motion to reconsider laid on the table Agreed to without objection.
Executive Comment Received from Justice.
Received in the Senate and read twice and referred to the Committee on Commerce.
See H.R.3866.