[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 661 Reported in Senate (RS)]






                                                       Calendar No. 234
105th CONGRESS
  1st Session
                                 S. 661

                          [Report No. 105-121]

  To provide an administrative process for obtaining a waiver of the 
               coastwise trade laws for certain vessels.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 1997

  Mr. McCain introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                            October 29, 1997

               Reported by Mr. McCain, without amendment

_______________________________________________________________________

                                 A BILL


 
  To provide an administrative process for obtaining a waiver of the 
               coastwise trade laws for certain vessels.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    The Congress finds that--
            (1) current coastwise trade laws provide no administrative 
        authority to waive the United States-built requirement of those 
        laws for the limited carriage of passengers for hire on vessels 
        built or rebuilt outside the United States;
            (2) requests for such waivers require the enactment of 
        legislation by the Congress;
            (3) each Congress routinely approves numerous such requests 
        for waiver and rarely rejects any such request; and
            (4) the review and approval of such waiver requests is a 
        ministerial function which properly should be executed by an 
        administrative agency with appropriate expertise.

SEC. 2. ADMINISTRATIVE WAIVER OF COASTWISE TRADE LAWS.

    Notwithstanding section 12106 of title 46, United States Code, 
section 8 of the Act of June 19, 1886 (46 U.S.C. App. 289), and section 
27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883), the Secretary 
of Transportation may issue a certificate of documentation with 
appropriate endorsement for employment in the coastwise trade as a 
passenger vessel, a small passenger vessel, or an uninspected passenger 
vessel for an eligible vessel authorized to carry no more than 12 
passengers for hire if the Secretary determines that the employment of 
the vessel in the coastwise trade will not adversely affect--
            (1) United States vessel builders; or
            (2) the coastwise trade business of any person who employs 
        vessels built in the United States in that business.

SEC. 3. REVOCATION.

    The Secretary may revoke an endorsement issued under section 2, 
after notice and an opportunity for public comment, if the Secretary 
determines that the employment of the vessel in the coastwise trade has 
substantially changed since the issuance of the endorsement, and--
            (1) the vessel is employed other than as a passenger 
        vessel, a small passenger vessel, or an uninspected passenger 
        vessel; or
            (2) the employment of the vessel adversely affects--
                    (A) United States vessel builders; or
                    (B) the coastwise trade business of any person who 
                employs vessels built in the United States.

SEC. 4. DEFINITIONS.

    For purposes of this Act--
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (2) Eligible vessel.--The term ``eligible vessel'' means a 
        vessel that--
                    (A) was not built in the United States and is at 
                least 3 years of age; or
                    (B) was rebuilt outside the United States at least 
                3 years before the certification requested under 
                section 2, if granted, would take effect.
            (3) Passenger vessel, small passenger vessel; uninspected 
        passenger vessel; passenger for hire.--The terms ``passenger 
        vessel'', ``small passenger vessel'', ``uninspected passenger 
        vessel'', and ``passenger for hire'' have the meaning given 
        such terms by section 2101 of title 46, United States Code.
                                     





                                                       Calendar No. 234

105th CONGRESS

  1st Session

                                 S. 661

                          [Report No. 105-121]

_______________________________________________________________________

                                 A BILL

  To provide an administrative process for obtaining a waiver of the 
               coastwise trade laws for certain vessels.

_______________________________________________________________________

                            October 29, 1997

                       Reported without amendment