I
105TH CONGRESS
2D SESSION
H. R. 4673
To stimulate increased domestic cruise ship opportunities for the American
cruising public by temporarily reducing barriers for entry into the domes-
tic cruise ship trade.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 1, 1998
Mr. SMITH of Michigan introduced the following bill; which was referred to
the Committee on National Security, and in addition to the Committee
on Transportation and Infrastructure, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To stimulate increased domestic cruise ship opportunities
for the American cruising public by temporarily reducing
barriers for entry into the domestic cruise ship trade.
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 ‘‘Cruise America Act
of 1998’’.
SEC. 2. DEFINITIONS.
In this Act:
(1) CRUISE
SHIP.—The term ‘‘cruise ship’’
means a self-propelled ship that—
(A) is of at least 9,000 gross tons (as
measured under chapter 143 of title 46, United
States Code) and has a stateroom or berth ca-
pacity of at least 200 passengers;
(B) provides a full range of accommoda-
tions, entertainment, dining, and other services
for its passengers; and
(C) does not operate as a ferry providing
intrastate or interstate commuter service for
passengers, vehicles or other cargo for com-
pensation.
(2) PERSON.—The term ‘‘person’’ means a cor-
poration, partnership, limited liability company, as-
sociation, or other entity, the controlling interest of
which is owned by citizens of the United States
within the meaning of section 2(a) of the Shipping
Act, 1916 (46 U.S.C. App. 802(a)).
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Transportation.
SEC. 
3. 
EMPLOYMENT 
OF 
FOREIGN-BUILT, 
U.S.-FLAG
CRUISE SHIPS IN THE COASTWISE TRADE.
(a) 
IN
GENERAL.—Notwithstanding 
section
12106(a)(2) of title 46, United States Code, section 27
of the Merchant Marine Act, 1920 (46 U.S.C. App. 883),
and section 8 of the Act of June 19, 1886 (46 U.S.C.
App. 289), the Secretary may issue a certificate of docu-
mentation with coastwise endorsement for a cruise ship
not built in the United States, or if rebuilt, not rebuilt
in the United States, to a person that is an owner or oper-
ator of such cruise ship.
(b) LIMITATIONS.—
(1) A certificate of documentation with coast-
wise endorsement may be issued pursuant to sub-
section (a) of this section only for a cruise ship that
was built or rebuilt not more than 10 years before
the date of enactment of this Act.
(2) A certificate of documentation with coast-
wise endorsement may be issued pursuant to sub-
section (a) of this section only for a cruise ship
that—
(A) is of at least 20,000 gross tons (as
measured under chapter 143 of title 46, United
States Code); or
(B) has a stateroom or berth capacity of at
least 800 passengers.
(3) Certificates of documentation with coastwise
endorsement may be issued pursuant to subsection
(a) of this section for not more than 3 cruise ships.
(4) The Secretary may require any additional
appropriate conditions the Secretary deems nec-
essary.
(b) CONSTRUCTION STANDARDS.—
(1) CERTIFICATE
OF
INSPECTION.—A cruise
ship issued a certificate of documentation with
coastwise endorsement pursuant to subsection (a) of
this section shall be eligible for a certificate of in-
spection (as prescribed by 46 U.S.C. 3309) if the
Secretary determines that—
(A) the cruise ship is classed by and de-
signed in accordance with the rules of a classi-
fication society accepted by the Secretary; and
(B) the cruise ship complies with applica-
ble international agreements and associated
guidelines, as determined by the Secretary. Ad-
ditionally, such cruise ship shall be equipped
with automatic sprinkler and fire detection sys-
tems meeting the requirements of the 1992
Amendments to the Safety of Life at Sea Con-
vention of 1974 (SOLAS 74) throughout all
service and accommodation spaces.
(2) CONTINUED
ELIGIBILITY
FOR
CERTIFI-
CATE.—Paragraph (1) of this subsection does not
apply to any cruise ship after any date on which the
cruise ship fails to comply with the applicable inter-
national agreements and associated guidelines de-
scribed in paragraph (1)(B) of this subsection.
(3) RELIANCE ON CLASSIFICATION SOCIETY.—
The Secretary may rely on a certification from a
classification society accepted by the Secretary to es-
tablish that the cruise ship is in compliance with the
requirements of paragraphs (1) and (2) of this sub-
section.
(c) FOREIGN TRANSFER.—Notwithstanding section
9(c) of the Shipping Act, 1916 (46 U.S.C. App. 808), a
coastwise qualified United States-flag, foreign-built cruise
ship may be placed under foreign registry without the ap-
proval of the Secretary any time after its documentation
under subsection (a)(1) of this section. The Secretary shall
revoke the coastwise endorsement of any such cruise ship
when it is placed under foreign registry.
Æ