[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. 1282. 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 Triad; 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 Triad to be employed in coastwise trade of the 
United States. This boat has a small passenger capacity, carrying up to 
6 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 superstructure 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 1982, but since 1992 it has been owned and operated by 
American citizens, repaired in American shipyards, and maintained with 
American products. The owner of the vessel now 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 Triad I find that this 
waiver would 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 Triad to engage in coastwise trade. These include the facts the 
vessel is more than 10 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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