U.S. House of Representatives Resolution 3321

Professional Mariner Forum
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[LEFT]On January 5, 2011, H.R. 3321 America’s Cup Act of 2011 was introduced in the first session of the 112th Congress. On the surface, this bill allows foreign flag sailing yachts and support vessels to operate off the coast of California during the 34th America’s Cup. Due to the requirements of the Merchant Marine Act of 1920 as re-codified in 2006, certain support and spectator vessels operating under a non-U.S. flag would not be able to operate in and out of ports in California during the running of the latest America’s Cup. With multiple regattas scheduled through the defense of the America’s Cup in September 2013 and nine well-funded racing teams involved, the economic benefit to California and the U.S. is undeniable. It is unfortunate that corporate and political forces meddled with what is on the surface an all-American bill.

H.R. 3321 starts out with the statement that it intends “To facilitate the hosting in the United States of the 34th America’s Cup by authorizing certain eligible vessels to participate in activities related to the competition, [B][I][U]and for other purposes.[/U][/I][/B]” Highlighting, italicizing and underlining of the previous section is to point out the rather deceitful and nefarious intent of this bill. In addition to the yachts and support vessels mentioned above, H.R. 3321 allows the following vessels to be issued a certificate of documentation with a coastwise endorsement for the United States :

MV Geysir : Container Ship : Built in Louisiana – U.S. flagged – rationale for waiver unknown
RV Ocean Veritas : Research/Dive Vessel : Built in Mississippi – U.S. flagged – rationale for waiver unknown
Luna : Superyacht : Bermuda flagged
LNG Gemini : LNG Tanker : Marshall Islands flagged
LNG Leo : LNG Tanker : Marshall Islands flagged
LNG Virgo : LNG Tanker : Marshall Islands flagged

Providing the coastwise endorsement for these vessels will allow them to operate between U.S. ports without re-flagging them to a U.S. flag and employing U.S. citizens. In the case of the the three LNG tankers, the potential for up to 150 jobs for U.S. merchant mariners was forfeited with a stroke of President Obama’s pen when he signed this bill into law. For all of the vessels listed, the waiver will be in place until the vessel’s are sold.

The Jones Act (Section 27 of the Merchant Marine Act, 1920, as amended (46 App. U.S.C. 883)) has been under attack for years. Slowly, but surely, corporations are eroding the value of the Jones Act by obtaining waivers for foreign-flagged and crewed vessels to operate in the U.S. domestic trade. This has become all too commonplace in the offshore drilling and oilfield supply industry, much to the dismay of U.S. citizens that were laid off from those same jobs in the Great Recession. The most recent waiver that made front page news was the delivery of diesel fuel, gasoline and heating oil to the city of Nome, Alaska. The delivery was made, not by a U.S. flagged vessel, but by a Russian vessel.

Today, the House Committee on Transportation and Infrastructure unveiled the American Energy & Infrastructure Jobs Act. It is being touted as the largest transportation reform since 1956. While not highlighted during the press conference, there is hope that the maritime sector might actually be addressed. Let’s hope that our representatives in Congress realize how easily American jobs can be created (or lost) and read the fine print.

www.maddenmaritime.wordpress.com[/LEFT]

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Well written article Rich, do you mind if we repost it to the blog?

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I’d be honored. Thank you!

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Mr. Walter Herger ® 2nd district California needs to come clean as to why and who petitioned him to introduce this bill with these caveats.

I thought the USCG was trying to ‘get to the bottom’ of who really owns the bottoms that are trading in our country. This is pandering at its most obnoxious.

This is a most outstanding example of a bill being ‘ram-rodded’ through both the house and senate. This bill was introduced on Nov 02, 2011, and fully approved and enrolled (meaning approved awaiting President signiature) on Nov 19th 2011. This is only 17 days!

The amazing thing is, most bills languish and die in congress, some take several sessions be be put through, some never make it. But for this to make it through in this short amount of time, there was surely some quidproquo involved. I would LOVE to know who actually owns, or charters these LNG tankers. Coincidentally I would love to find out if this entity is residing in Mr Hergers district.

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The LNG tankers mentioned are operated by [LEFT]PRONAV Ship Management GmbH & Co. of Germany.[/LEFT]

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[QUOTE=cappy208;62277]
This is a most outstanding example of a bill being ‘ram-rodded’ through both the house and senate. This bill was introduced on Nov 02, 2011, and fully approved and enrolled (meaning approved awaiting President signiature) on Nov 19th 2011. This is only 17 days!

The amazing thing is, most bills languish and die in congress, some take several sessions be be put through, some never make it. But for this to make it through in this short amount of time, there was surely some quidproquo involved. I would LOVE to know who actually owns, or charters these LNG tankers. Coincidentally I would love to find out if this entity is residing in Mr Hergers district.[/QUOTE]
I too was curious as to the money trail. Looking at the voting roster, at first glance, it smells like well placed money with a major case of apathy (ignorance) with both houses

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[QUOTE=injunear;62280]I too was curious as to the money trail. Looking at the voting roster, at first glance, it smells like well placed money with a major case of apathy (ignorance) with both houses[/QUOTE]

Knowing that Unions (SIU SUP, MEBA, NMU) have a vested interest in keeping (or even increasing) US jobs, why ONE of them didn’t have their political watchdogs up on this topic.

Never mind the mentioned 150 sea going jobs lost, how about the thousands of shipyard workers who have lost the opportunity to build acceptable Jones Act hulls, and the associated infrastructure that goes along with it! Talk about ‘shovel ready’!!! Obviously not the correct shovel (cash) was involved!

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Has it been signed yet? If not there is time to try to convince people to write Obama. Not that he really cares about American jobs but he just might actually do something.

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Doesnt AMO have some connection to ProNav ? Is this the same company?

New AMO jobs as union enters drill ship trade with PRONAV FLEX CREW (SM) program
American Maritime Officers members now have the opportunity to sail as senior officers aboard drill ships operating in the Gulf of Mexico.

These new job opportunities - pioneered by AMO officials and staff working with PRONAV Offshore Services LLC over the past two years - are available immediately and approximately 16 AMO officers will initially be hired for senior deck and engineering positions aboard drill ships under the PRONAV FLEX CREW (SM) program.

Hiring for these jobs will be on a competitive basis and PRONAV is seeking resumes/CVs from 50 AMO officers to form the first pool for the drill ship trade. Needed are masters, chief mates, chief engineers, first assistant engineers and second assistant engineers. For deck officers, Dynamic Positioning II experience and certification is preferred but not required.

“These are amazing opportunities for AMO officers to work in a trade with strong long term potential,” said AMO National President Tom Bethel. "The FLEX CREW program with PRONAV will provide the membership with the ability to accept lucrative relief work in senior positions aboard drill ships as covered AMO employment.

“I am extraordinarily pleased with the success of the FLEX CREW program and the unique opportunities it is providing to AMO members as union-represented American mariners,” Bethel said. “This is a fine example of AMO innovation and credit for this achievement is due to many - including Tom Laird and AMO National Executive Vice President Bob Kiefer, as well as STAR Center Director of Member Training and Officer Development Jerry Pannell - for their hard work and commitment to this project.”

Rotations aboard drill ships under the FLEX CREW program will be approximately 21 days plus one day for travel, and the jobs will be considered off-duty or enhancement work, not permanent positions.

PRONAV will sponsor any necessary dynamic positioning training for deck officers hired for these positions, and AMO members who are hired and require additional training or certification will be paid a training wage while they complete any required courses or sea time for their position.

AMO members interested in these opportunities can contact AMO Dispatching at (800) 345-3410, or by e-mail or e-mail, for assistance in generating formatted resumes/CVs to be submitted to PRONAV for consideration for these positions.

As stated, PRONAV will be selecting 50 AMO members to form the first pool for the following positions: four each of master, chief mate, chief engineer, first assistant engineer, and second assistant engineer. The company is seeking 10 resumes/CVs for each rating. As noted, AMO members applying for master or chief mate positions should have Dynamic Positioning II certification, if possible.

The information being sought by PRONAV includes:
[ul]
[li]Name[/li][li]Date of birth[/li][li]Nationality[/li][li]Passport No. (not less than 6 months)[/li][li]Seaman’s book[/li][li]USCG license No.[/li][li]Home address[/li][li]DP II certificate (if possible)[/li][li]Valid medical certificate (not less than 6 months)[/li][/ul]

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On January 5, 2011, H.R. 3321 America’s Cup Act of 2011 was introduced in the first session of the 112th Congress. On the surface, this bill allows foreign flagged sailing yachts and support vessels to operate off the coast of California during the 34th America’s Cup. Due to the requirements of the Merchant Marine Act of 1920 as re-codified in 2006, certain support and spectator vessels operating under a non-U.S. flag would not be able to operate in and out of ports in California during the running of the latest America’s Cup. With multiple regattas scheduled through the defense of the America’s Cup in September 2013, and nine well-funded racing teams involved, the economic benefit to California and the U.S. is undeniable. Delving deeper into the bill, it becomes much more than a yacht race, however.

H.R. 3321 starts out with the statement that it intends “To facilitate the hosting in the United States of the 34th America’s Cup by authorizing certain eligible vessels to participate in activities related to the competition, and for other purposes.” Highlighting, italicizing and underlining of the previous section is to point out the last minute changes to this bill. In addition to the yachts and support vessels mentioned above, H.R. 3321 allows the following vessels to be issued a certificate of documentation with a coastwise endorsement for the United States:

MV Geysir : Container Ship : Built in Louisiana – U.S. flagged – rationale for waiver unknown
RV Ocean Veritas : Research/Dive Vessel : Built in Mississippi – U.S. flagged – rationale for waiver unknown
Luna : Superyacht : Bermuda flagged
LNG Gemini : LNG Tanker : Marshall Islands flagged
LNG Leo : LNG Tanker : Marshall Islands flagged
LNG Virgo : LNG Tanker : Marshall Islands flagged

In the case of the the three LNG tankers, they were built in Quincy, Massachusetts and operated under the U.S. flag for a period of time. Even after being reflagged to the Marshall Islands, they continued to be manned by U.S. mariners until 2005. Once they were reflagged, the LNG tankers were not eligible for domestic work, nor were they needed. Not needed, that is, until Sunoco devised a business plan to ship natural gas from Philadelphia to the U.S. Gulf Coast. While these vessels continue to operate under the Marshall Islands flag today, if these plans move forward, it would appear that the Marcus Hook area of Philadelphia and the U.S. merchant marine will gain some jobs. These jobs will be gained through a waiver of the Jones Act, but these waivers do not normally create jobs.

The Jones Act (Section 27 of the Merchant Marine Act, 1920, as amended (46 App. U.S.C. 883)) has been under attack for years. Slowly, but surely, corporations are eroding the value of the Jones Act by obtaining waivers for foreign-flagged and crewed vessels to operate in the U.S. domestic trade. This has become all too commonplace in the offshore drilling and oilfield supply industry, much to the dismay of U.S. citizens that were laid off from those same jobs in the Great Recession. The most recent waiver that made front page news was the delivery of diesel fuel, gasoline and heating oil to the city of Nome, Alaska. The delivery was made, not by a U.S. flagged vessel, but by a Russian vessel.

Today, the House Committee on Transportation and Infrastructure unveiled the American Energy & Infrastructure Jobs Act. It is being touted as the largest transportation reform since 1956. While not highlighted during the press conference, there is hope that the maritime sector might actually be addressed. Let’s hope that our representatives in Congress realize how easily American jobs can be created (or lost) and read the fine print.

http://majorityleader.gov/blog/2011/11/the-white-house-gets-snarky-about-leader-pelosis-initiative.html

[B][U]UPDATED[/U][/B] : Please note that substantial changes have been made to the above post. Information came to light indicating that the three LNG tankers above will be operating under the U.S. flag as this business venture moves forward. As was noted on another forum, one must ensure their facts are correct before ranting and raving. My apologies to gCaptain, John Konrad and Rob Almeida, as the information I forwarded to them was incorrect.