Text: H.R.3282 — 102nd Congress (1991-1992)All Information (Except Text)

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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. []   This Act may be cited as the `United States Flag Cruise
 Ship Competitiveness Act of 1991'. [] SEC. 2. CONFORMING AMENDMENTS []   (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: []   `(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).'. []   (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: []   `(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.'. []   (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: []   `(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.'. []   (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). []   (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: []   `(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.'. []   (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. [] SEC. 3. DEFINITIONS. []   For the purpose of this Act-- []   (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'; []   (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; []   (c)  `Gaming' means the conduct of gaming or gambling for
 money or other thing of value, including-- []   (1) accepting, recording, or registering bets; []   (2) carrying on a policy game or any other lottery; or
 []   (3) playing any game of chance; []   (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; []   (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';
 []   (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; []   (g) The term `State' includes the District of Columbia,
 Puerto Rico, the Virgin Islands, and Guam. []   (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. []   (i) `United States vessel' means a vessel-- []   (1) documented under chapter 121 of title 46, United States
 Code; []   (2) numbered under chapter 123 of that title; or []   (3) titled under the law of a State; and []   (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. [] SEC. 4. GAMBLING SHIP RESTRICTIONS AND ENFORCEMENT AUTHORITY
 []   (a) GAMBLING SHIPS-  []   (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-- []   (i) to set up, operate, or own or hold any interest in any
 gambling ship or any gaming establishment aboard any vessel; or []   (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,
 [] 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. []   (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. []   (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. []   (c) PENALTIES AND ENFORCEMENT-  []   (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. []   (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. []   (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. []   (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. []   (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. [] SEC. 5. APPLICATION. []   (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. []   (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. []   (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. []   (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'. [] SEC. 6. GAMBLING SHIP REGULATION. []   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-- []   (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 []   (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. [] SEC. 7. GAMING GUIDELINES. []   (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. []   (b) The guidelines for State procedures to be prescribed
 by the Attorney General may include requirements on-- []   (1) background investigations as may be necessary;
 []   (2) limiting gaming and the placing of bets to only those
 persons at the gaming establishment and at least eighteen years of age;
 []   (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; []   (4) evidence of financial responsibility; []   (5) sharing of information between States allowing gaming
 in their jurisdiction; and []   (6) license suspension for violations of any Federal gaming
 statute and the gaming statues of any State. [] SEC. 8. STATE CERTIFICATION. []   (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. []   (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. []   (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. [] SEC. 9. EFFECTIVE DATE. []   The provisions of this Act shall be effective one hundred
 and eighty days after the date of enactment. [