I
107TH CONGRESS
2D SESSION
H. R. 5509
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
OCTOBER 1, 2002
Mr. BROWN of South Carolina introduced the following bill; which was re-
ferred to the Committee on Transportation and Infrastructure, and in ad-
dition to the Committee on Armed Services, for a period to be subse-
quently 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 encour-
age United States-flag vessels to participate in such
transportation.
Be it enacted by the Senate and House of Representa-
tives 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 2002’’.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Given that there are no longer any United
States-flag ocean-going cruise vessels in the domestic
market, it is in the interest of the United States to
maximize cruise tourism in United States port cities
by waiving the requirement that the world’s fleet of
foreign-flag large ocean-going cruise vessels must
travel to foreign ports as a condition to visiting
United States port cities.
(2) Despite the downturn in United States
tourism over the last year, the pleasure cruise indus-
try remains one of the fastest growing segments of
the tourism industry, with a record number of North
American’s cruising in North America in 2002.
(3) It is in the interest of the United States to
maximize economic return from the growing indus-
try of pleasure cruises—
(A) by encouraging the growth of new
cruise itineraries between coastal cities in the
United States;
(B) by encouraging the use of United
States goods, labor, and support services by
such industry; and
(C) by encouraging cruise vessels to home-
port in more United States port cities, in order
to place cruises within driving distance of more
United States residents.
(4) In maximizing the economic benefits to the
United States from increased cruise vessel tourism,
there is a need—
(A) to ensure that existing employment
and economic activity associated with United
States-flag vessels (including tour boats, river
boats, intracoastal waterway cruise vessels, and
ferries) are protected; and
(B) to provide for reemergence of a United
States-flag cruise vessel industry.
(5) Prohibiting cruises between United States
ports by foreign-flag vessels when no United States-
flag cruise vessels are servicing the domestic cruising
market results in the loss of tourist dollars, jobs,
and shoreside revenue for United States ports, and
greatly disadvantages United States ports and coast-
al communities in a time when tourism dollars are
badly needed.
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 that—
(A) is at least 20,000 gross registered
tons;
(B) provides a full range of overnight ac-
commodations, entertainment, dining, and other
services for its passengers; and
(C) has a fixed smoke detection and sprin-
kler system installed throughout the accom-
modations and service spaces, or will have such
a system installed within the time period re-
quired by the 1992 Amendments to the safety
of Life at Sea Convention of 1974.
(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 pas-
sengers and vehicles or other cargo; or
(C) serves residents of the vessel’s ports of
call in the United States as a common or fre-
quently used means of transportation between
United States ports.
(4) REPAIR AND MAINTENANCE SERVICE.—The
term ‘‘repair and maintenance service’’ includes al-
terations and upgrades.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Transportation.
(b) WAIVER.—Notwithstanding the provisions of sec-
tion 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, di-
rectly or by way of a foreign port.
(c) EXCEPTIONS.—
(1) IN GENERAL.—The Secretary may not ap-
prove the transportation of passengers on a foreign-
flag cruise vessel pursuant to this section with re-
spect 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
construed as affecting or modifying the provisions of
the Merchant Marine Act, 1920.
Æ