[Senate Report 105-318]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 557
105th Congress                                                   Report
                                SENATE

 2d Session                                                     105-318
_______________________________________________________________________


 
                           YESTERDAY'S DREAM

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2139





               September 9, 1998.--Ordered to be printed


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                       one hundred fifth congress
                             second session
                     JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska                  ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana                DANIEL K. INOUYE, Hawaii
SLADE GORTON, Washington             WENDELL H. FORD, Kentucky
TRENT LOTT, Mississippi              JOHN D. ROCKEFELLER IV, West 
KAY BAILEY HUTCHISON, Texas              Virginia
OLYMPIA SNOWE, Maine                 JOHN F. KERRY, Massachusetts
JOHN ASHCROFT, Missouri              JOHN B. BREAUX, Louisiana
BILL FRIST, Tennessee                RICHARD H. BRYAN, Nevada
SPENCER ABRAHAM, Michigan            BYRON L. DORGAN, North Dakota
SAM BROWNBACK, Kansas                RON WYDEN, Oregon

                       John Raidt, Staff Director
                       Mark Buse, Policy Director
                  Martha P. Allbright, General Counsel
     Ivan A. Schlager, Democratic Chief Counsel and Staff Director
             James S.W. Drewry, Democratic General Counsel


105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-318
_______________________________________________________________________


                           YESTERDAY'S DREAM

                                _______
                                

               September 9, 1998.--Ordered to be printed

_______________________________________________________________________


       Mr. McCain, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 2139]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2139) ``A Bill to authorize the 
Secretary of Transportation to issue a certificate of 
documentation with appropriate endorsement for employment in 
the coastwise trade for the vessel YESTERDAYS DREAM'', having 
considered the same, reports favorably thereon and recommends 
the bill do pass.

                          Purpose of the Bill

  S. 2139, as reported, grants coastwise trading privileges to 
the vessel YESTERDAYS DREAM.

                          Background and Needs

  Subject to certain limited exceptions, the law known as the 
Jones Act (section 27 of the Merchant Marine Act, 1920), 
section 8 of the Act of June 19, 1886, and sections 12106 and 
12108 of title 46, U.S. Code, provide that only those vessels 
built in the United States, continuously documented under the 
laws of the United States and continuously owned by U.S. 
citizens may transport merchandise or passengers in the 
coastwise trade, or engage in the fisheries, of the United 
States.
  Where the facts applicable to a particular vessel suggest the 
U.S.-built or U.S.-owned requirements have not been satisfied, 
the Coast Guard may not issue a document granting coastwise 
trading or fisheries privileges for that vessel unless the 
requirements of those Acts are statutorily waived.
  The vessel YESTERDAYS DREAM, United States official number 
680266, is a 48-foot sailing vessel that was constructed in 
France in 1983. It is owned by Mr. Duncan MacRae III of 
Columbus, South Carolina. The owner intends to use the vessel 
for charters out of South Carolina and Georgia.
  Because the vessel is foreign-built, the owner has not been 
able to obtain coastwise trade privileges for it. Therefore, 
the owner is seeking a statutory waiver of the Jones Act and 
other laws for the vessel.

                          Legislative History

  S. 2139 was introduced in the Senate on June 5, 1998, by 
Senator Thurmond. In open executive session on July 9, 1998, 
the Committee considered S. 2139, and ordered the legislation 
reported favorably without objection and without amendment.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 3, 1998.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed S. 2139, a bill to authorize the Secretary of 
Transportation to issue a certificate of documentation with 
appropriate endorsement for employment in the coastwise trade 
for the vessel YESTERDAYS DREAM. S. 2139 was ordered reported 
by the Senate Committee on Commerce, Science, and 
Transportation on July 9, 1998.
    CBO estimates that enacting S. 2139 would have no 
significant impact on the federal budget. Because the bill 
would not affect direct spending or receipts, pay-as-you-go 
procedures would not apply.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         June E. O'Neill, Director.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:
    Because S. 2139 does not create any new programs, the 
legislation will have no additional regulatory impact, and will 
result in no additional reporting requirements. The legislation 
will have no further effect on the number or types of 
individuals and businesses regulated, the economic impact of 
such regulation, the personal privacy of affected individuals, 
or the paperwork required from such individuals and businesses.

                      Section-by-Section Analysis

    The bill consists of one section. It provides that, 
notwithstanding section 27 of the Merchant Marine Act, 1920 (46 
App. U.S.C. 883), section 8 of the Act of June 19, 1886 (24 
Stat. 81, chapter 421; 46 U.S.C. App. 289), and sections 12106 
and 12108 of title 46, United States Code, the Secretary of 
Transportation may issue a certificate of documentation with 
appropriate endorsement for employment in the coastwise trade 
for the vessel YESTERDAYS DREAM, United States official number 
680266.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee states that the 
bill as reported would make no change to existing law.

                                
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