[Congressional Record Volume 141, Number 153 (Thursday, September 28, 1995)]
[Senate]
[Page S14547]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KERRY (for himself and Mr. Kennedy):
  S. 1281. A bill to authorize the Secretary of Transportation to issue 
a certificate of documentation with appropriate endorsement for 
employment in coastwise trade for the vessel Sarah-Christen; to the 
Committee on Commerce, Science, and Transportation.


                      jones act waiver legislation

 Mr. KERRY. Mr. President, I am pleased to join my colleague, 
the distinguished senior Senator from Massachusetts, in introducing a 
bill to allow the vessel Sarah-Christen to be employed in coastwise 
trade of the United States. This boat has a small passenger capacity, 
carrying up to 12 passengers in a charter business. The purpose of this 
bill is to waive those sections of the Jones Act which prohibit 
foreign-made vessels from operating in coastwise trade. The waiver is 
necessary because, under the law, a vessel is not considered built in 
the United States unless all major components of its hull and 
superstructures are fabricated in the United States, and the vessel is 
assembled entirely in the United States. This vessel was originally 
built in a foreign shipyard in 1971, but since then has been owned and 
operated by American citizens, repaired in American shipyards, and 
maintained with American products. The owner of the vessel simply 
wishes to start a small business, a charter boat operation, seasonally 
taking people out for cruises.
  After reviewing the facts in the case of the Sarah-Christen, I find 
that this wavier does not compromise our national readiness in times of 
national emergency, which is the fundamental purpose of the Jones Act 
requirement. While I generally support the provisions of the Jones Act, 
I believe the specific facts in this case warrant a waiver to permit 
the Sarah-Christen to engage in coastwise trade. These include the 
facts the vessel is more than 20 years old, the owner has invested 
significant funds in vessel maintenance and restoration in the United 
States, and the vessel has a relatively small passenger-carrying 
capacity. I hope and trust the Senate will agree and will speedily 
approve the bill being introduced today.
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