United States Cruise Tourism Act of 1999 - Authorizes the Secretary of Transportation to approve the transportation of passengers on foreign-flag cruise vessels not otherwise qualified to engage in the coastwise trade between ports in the United States, directly or by way of a foreign port, except with respect to coastwise trade served by a U.S.-flag cruise vessel. Requires termination of any such foreign-flag cruise vessel passenger service within three years after a U.S.-flag cruise vessel commences such service between the same ports.
Requires the owner or charterer of a qualified foreign-flag cruise vessel to have any vessel repairs performed in the United States, unless the vessel requires repairs or service while at a distant foreign port. Directs the Secretary to terminate the coastwise trade privileges of the owner or charterer of a foreign-flag cruise vessel if such repairs have not been made in the United States. Provides for a waiver of such requirements in emergencies.
Amends the Immigration and Nationality Act to authorize an immigration officer to extend for a period or periods of up to six months each a conditional permit to land temporarily in the United States granted to an alien crewman employed on a vessel, if the vessel owner or charterer requests the extension and the immigration officer determines that it is necessary to maintain the vessel in the coastwise trade between ports in the United States, directly or by way of a foreign port.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 248 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 248
To permit the transportation of passengers between United States ports
by certain foreign-flag vessels and to encourage United States-flag
vessels to participate in such transportation.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 6, 1999
Mr. Sanford introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committee on Armed Services, 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 permit the transportation of passengers between United States ports
by certain foreign-flag vessels and to encourage United States-flag
vessels to participate in such transportation.
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 ``United States Cruise Tourism Act of
1999''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) It is in the interest of the United States to maximize
economic return from the growing industry of pleasure cruises--
(A) by encouraging the growth of new cruise
itineraries between coastal cities in the United
States, and
(B) by encouraging the use of United States goods,
labor, and support services.
(2) In maximizing the economic benefits to the United
States from increased cruise vessel tourism, there is a need to
ensure that existing employment and economic activity
associated with United States-flag vessels (including tour
boats, river boats, intra coastal waterway cruise vessels, and
ferries) are protected and to provide for re-emergence of a
United States-flag cruise vessel industry.
(3) The pleasure cruise industry is one of the fastest
growing segments of the tourism industry and is expected to
grow at a rate of 5 percent a year over the next few years.
(4) The United States-flag ocean cruise vessel fleet
consists of only a single vessel that tours the Hawaiian
Islands. As a result, all the cruise vessels carrying
passengers to and from United States ports are foreign-flag
vessels and the United States ports served are mostly ports
that are close enough to foreign ports to allow intermediate
calls.
(5) Prohibiting cruises between United States ports by
foreign-flag vessels results in the loss of tourist dollars and
revenue for United States ports and greatly disadvantages
United States ports and coastal communities.
SEC. 3. FOREIGN-FLAG CRUISE VESSELS.
(a) Definitions.--In this Act--
(1) Coastwise trade.--The term ``coastwise trade'' means
the coastwise trade provided for in section 12106 of title 46,
United States Code, and includes trade in the Great Lakes.
(2) Cruise vessel.--The term ``cruise vessel'' means a
passenger vessel of greater than 4,000 gross registered tons
which provides a full range of luxury accommodations,
entertainment, dining, and other services for its passengers.
(3) Foreign-flag cruise vessel.--The term ``foreign-flag
cruise vessel'' does not include a vessel which--
(A) provides ferry services or intra coastal
waterway cruises;
(B) regularly carries for hire both passengers and
vehicles or other cargo; or
(C) serves residents of the vessel's ports of call
in the United States as a common or frequently used
means of transportation between United States ports.
(4) Repair and maintenance service.--The term ``repair and
maintenance service'' includes alterations and upgrades.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Waiver.--Notwithstanding the provisions of section 8 of the Act
of June 19, 1886 (24 Stat. 81, ch. 421; 46 U.S.C. App. 289), or any
other provision of law, and except as otherwise provided by this
section, the Secretary may approve the transportation of passengers on
foreign-flag cruise vessels not otherwise qualified to engage in the
coastwise trade between ports in the United States, directly or by way
of a foreign port.
(c) Exceptions.--
(1) In general.--The Secretary may not approve the
transportation of passengers on a foreign-flag cruise vessel
pursuant to this section with respect to any coastwise trade
that is being served by a United States-flag cruise vessel.
(2) United states-flag service initiated after approval of
foreign-flag vessel.--Upon a showing to the Secretary, by a
United States-flag cruise vessel owner or charterer, that
service aboard a cruise vessel qualified to engage in the
coastwise trade is being offered or advertised pursuant to a
Certificate of Financial Responsibility for Indemnification of
Passengers for Nonperformance of Transportation from the
Federal Maritime Commission (issued pursuant to section 3 of
Public Law 89-777 (46 U.S.C. App. 817e) for service in the
coastwise trade on an itinerary substantially similar to that
of a foreign-flag cruise vessel transporting passengers under
authority of this section, the Secretary shall, in accordance
with subsection (d)(2), notify the owner or charterer of the
foreign-flag cruise vessel that the Secretary will, within 3
years after the date of notification, terminate such service.
(d) Termination.--
(1) In general.--Coastwise trade privileges granted to such
owner or charterer of a foreign-flag cruise vessel under this
section shall expire on the date that is 3 years after the date
of the Secretary's notification described in subsection (c)(2).
(2) Order of termination.--Any notification issued by the
Secretary under this subsection shall be issued to the owner or
charterer of a foreign-flag cruise vessel--
(A) in the reverse order in which the foreign-flag
cruise vessel entered service in the coastwise trade
under this section, determined by the date of the
vessel's first coastwise sailing; and
(B) in the minimum number necessary to ensure that
the passenger-carrying capacity thereby removed from
the coastwise trade service exceeds the passenger-
carrying capacity of the United States-flag cruise
vessel entering the service.
(3) Exception.--If, at the expiration of the 3-year period
specified in paragraph (1), the United States-flag cruise
vessel that has been offering or advertising service pursuant
to a certificate described in subsection (c)(2) has not entered
the coastwise trade described in subsection (c)(2), then the
termination of service required by paragraph (1) shall not take
effect until 180 days after the date of the entry into that
coastwise trade service by the United States-flag cruise
vessel.
(e) Requirement for Repairs in United States Shipyards.--
(1) In general.--The owner or charterer of a foreign-flag
cruise vessel that is qualified to provide coastwise trade
service under this section is required to have repair and
maintenance service for the vessel performed in the United
States during the period that such vessel is qualified for such
coastwise trade service, except in a case in which the vessel
requires repair and maintenance service while at a distant
foreign port (as defined in section 4.80a(a) of title 19, Code
of Federal Regulations (or any corresponding similar regulation
or ruling)).
(2) Action if requirement not met.--
(A) General rule.--If the Secretary determines that
the owner or charterer has not met the repair and
maintenance service requirement described in paragraph
(1), the Secretary shall terminate the coastwise trade
privileges granted to the owner or charterer under this
section.
(B) Waiver.--The Secretary may waive the repair and
maintenance service requirement if the Secretary finds
that--
(i) the repair and maintenance service is
not available in the United States, or
(ii) an emergency prevented the owner or
charterer from obtaining the service in the
United States.
(f) Alien Crewmen.--Section 252 of the Immigration and Nationality
Act (8 U.S.C. 1282) is amended--
(1) in subsection (a), by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B);
(2) by inserting ``(1)'' immediately after ``(a)'';
(3) in subsection (a)(1) (as redesignated), in the second
sentence, by inserting ``, except as provided in paragraph (2),
and'' after ``subsection (b),'';
(4) by adding at the end of subsection (a)(1) (as
redesignated), the following:
``(2) An immigration officer may extend for a period or periods of
up to 6 months each a conditional permit to land that is granted under
paragraph (1) to an alien crewman employed on a vessel if the owner or
charterer of the vessel requests the extension and the immigration
officer determines that the extension is necessary to maintain the
vessel in the coastwise trade between ports in the United States,
directly or by way of a foreign port.''; and
(5) in subsection (b), by striking ``subsection (a)(1)''
and inserting ``subsection (a)(1)(A)''.
(g) Disclaimer.--
(1) In general.--Nothing in this Act shall be construed as
affecting or otherwise modifying the authority contained in--
(A) Public Law 87-77 (46 U.S.C. App. 289b)
authorizing the transportation of passengers and
merchandise in Canadian vessels between ports in Alaska
and the United States.
(B) Public Law 98-563 (46 U.S.C. App. 289c)
permitting the transportation of passengers between
Puerto Rico and other United States ports.
(2) Jones act.--Except as otherwise expressly provided in
this Act, nothing in this Act shall be construed as affecting
or modifying the provisions of the Merchant Marine Act, 1920.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Armed Services, 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.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Armed Services, 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.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Armed Services, 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.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
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