A bill to authorize appropriations for fiscal year 1995 for certain maritime programs of the Department of Transportation, to amend the Merchant Marine Act, 1936, as amended, to revitalize the United States-flag merchant marine, and for other purposes.

TABLE OF CONTENTS:

Title I: Maritime Administration Authorization of

Appropriations

Title II: Amendments to the Merchant Marine Act, 1936

Title I: Maritime Administration Authorization of Appropriations - Maritime Administration Authorization Act for Fiscal Year 1995 - Authorizes appropriations to the Department of Transportation for FY 1995 for certain maritime programs, costs, and expenses.

Amends the Merchant Ship Sales Act of 1946 to require a request from the Secretary of Defense (currently, the Secretary of the Navy) to the Secretary of Transportation for use of the National Defense Reserve Fleet for defense readiness, testing, sealift, and deployment functions.

Requires a report from the Secretary of Transportation to the Congress on the condition of U.S. public ports to be submitted each even-numbered year (currently, every year).

Title II: Amendments to the Merchant Marine Act, 1936 - Maritime Security and Trade Act of 1994 - Amends the Merchant Marine Act, 1936 to allow the Secretary of Transportation to authorize a contractor operating either a liner vessel or a bulk cargo vessel and receiving an operating-differential subsidy (ODS) to construct, reconstruct, or acquire a replacement vessel of over five thousand deadweight tons that would reach the end of its subsidizable life prior to the expiration of the contractor's ODS contract. Requires foreign-built vessels so acquired to be less than five years of age at the time of documentation. Requires any necessary vessel repairs or alterations to be performed in privately owned U.S. shipyards.

Prohibits the Secretary, after the date of enactment of this Act, from entering into any new contract for an ODS. Provides transition provisions for ODS contracts in effect before such date while prohibiting any contract renewals or extensions.

Directs the Secretary to encourage the establishment of a fleet of active, militarily useful, privately owned liner vessels to maintain an American presence in international commercial shipping and meet national defense and other security requirements. Requires the vessel owner or operator to enter into an operating agreement (OA) with the Secretary which requires operation exclusively in the foreign trade. Limits the total cost of such OAs for FY 1995 through 2004. Appropriates funds for such OAs. Requires certain vessel certifications in order to qualify for annual payments under such OAs. Prohibits any such vessel from being under an ODS contract at the time. Provides a priority for the Secretary in entering into such OAs. Makes such OAs effective for up to ten years, requiring termination no later than the end of FY 2004. Requires all vessels entered into an OA to enroll in an Emergency Preparedness Program as established under this Act.

Requires vessel owners and operators entered into an OA, in time of war or national emergency or when otherwise decided by the President, to make available commercial transportation resources pursuant to an Emergency Preparedness Program established by the Secretary in consultation with the Secretary of Defense.

Prohibits an owner or operator from receiving any payment under an OA under this Act if such owner or operator or a related party owns or operates a vessel engaged in the transportation of cargo in a noncontiguous trade, with specified waivers. Provides for waiver applications, hearings, and determinations. Provides waivers for owners and operators currently operating in noncontiguous trade, especially with respect to noncontiguous trade with Hawaii, Puerto Rico, and Alaska, limiting the annual capacity of such permitted trade. Requires each person granted a waiver to report annually to the Secretary setting forth the service authorized by the waiver.

Provides a supplemental duty of 15 cents per ton (not to exceed in the aggregate 75 cents per ton in any one year) for foreign vessels entering a U.S. port during FY 1995 through 2004.

Provides certain exceptions to a prohibition against any contractor receiving an ODS from owning or operating any foreign-flag vessels which compete with any American-flag service.

Redefines "privately owned United States-flag commercial vessels" for purposes of the Merchant Marine Act, 1936. States that provisions of such Act requiring the use of U.S.-flag vessels in the shipment of cargoes procured, furnished, or financed by the United States shall be deemed fulfilled if the actual ocean transportation is achieved by a combination of U.S. and foreign-flag feeder vessels and the distance achieved by the U.S. flag vessel during such transportation is greater than that achieved by the foreign-flag feeder vessel.

Provides a 25-year limitation on certain restrictions and requirements applicable to vessels constructed, reconstructed, or reconditioned with the aid of a construction-differential subsidy.