[Congressional Record Volume 145, Number 36 (Monday, March 8, 1999)]
[Senate]
[Page S2416]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEVIN (for himself and Mr. Abraham):
  S. 563. A bill to repeal a waiver that permitted the issuance of a 
certificate of documentation with endorsement for employment in the 
coastwise trade of the vessel Columbus, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.


              JONES ACT WAIVER FOR THE VESSEL ``COLUMBUS''

  Mr. LEVIN. Mr. President, I introduce today legislation to repeal the 
Jones Act waiver contained in last year's Coast Guard Authorization 
bill for the vessel Columbus.
  Mr. President, I had serious objections to a provision in last year's 
Coast Guard Authorization bill that was inserted in the House bill in a 
managers' amendment with no hearings or vote in the Senate. This 
provision granted a waiver of existing law for a single vessel 
operating on the Great Lakes and elsewhere against the wishes of both 
Michigan Senators and other Senators and in circumvention of a Customs 
Service ruling regarding the type of dredge work this vessel is allowed 
to perform.
  This waiver is a discriminatory provision which gives special 
treatment and a competitive advantage to one vessel at the expense of 
its competitors and it should be repealed.
  Mr. President, the granting of this waiver is detrimental to other 
dredgers on the Great Lakes and elsewhere who are abiding by U.S. law 
and U.S. Customs Service interpretations of the Jones Act. The hopper 
dredge vessel Columbus, the vessel seeking the waiver, was challenged 
by a competitor for violating the Jones Act because it was performing 
dredging work that was not allowed under that Act. That challenge was 
upheld by the U.S. Customs Service. However, instead of abiding by or 
appealing the Customs Service ruling, a legislative waiver was sought 
to circumvent that ruling. The waiver was granted by the House, but not 
the Senate because the Senate passed Coast Guard authorization bill did 
not contain this discriminatory provision.
  The only reason this waiver was included in the final Coast Guard 
authorization bill was due to the circumstances under which that bill 
was considered. Under normal circumstances, I believe the Senate would 
have removed this controversial provision from the final bill.
  At the time of the Senate vote on the Coast Guard Authorization 
Conference Report, I engaged in a colloquy with my colleagues Senators 
Snowe and McCain. In that colloquy, they agreed to work with me to 
repeal this waiver as early as possible in 1999. The legislation I am 
introducing today with my colleague from Michigan, Senator Abraham, 
will do exactly that.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in 
Record, as follows:

                                 S. 563

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

     SECTION 1. REPEAL OF WAIVER.

       (a) In General.--Section 403 of the Coast Guard 
     Authorization Act of 1997 (Public Law 105-383) is amended by 
     striking subsection (e).
       (b) Action by the Secretary of Transportation.--If, before 
     the date of enactment of this Act, the Secretary of 
     Transportation issued a certificate of documentation with 
     endorsement for employment in the coastwise trade for the 
     vessel COLUMBUS (United States official number 590658) under 
     section 403(e) of the Coast Guard Authorization Act of 1997 
     (Public Law 105-383)--
       (1) that certificate shall be null and void; and
       (2) the Secretary shall issue a revised certificate of 
     documentation for that vessel that is consistent with the 
     limitations on the operation of that vessel that applied to 
     that vessel on the day before the date of enactment of the 
     Coast Guard Authorization Act of 1997 (Public Law 105-383).
                                 ______