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Maritime Security Act of 1996

Public Law 104-239 · H.R. 1350 · 104th Congress · began in the House

Signed by Bill Clinton (D) on Oct 8, 1996 · Transportation and Public Works

Sponsor: Rep. Floyd Spence (R-SC-2)

Cosponsors (2): Rep. Ronald Dellums,

Passage votesYeaNay

  • HouseVoice vote
  • SenateRecorded vote: 88 yea, 10 nay88–10
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

Maritime Security Act of 1995 - Amends the Merchant Marine Act, 1936 to mandate establishment of a fleet of active, militarily useful, privately-owned vessels to meet national defense and other security requirements and maintain a U.S. presence in international commercial shipping. Requires that fleet vessels have an operating-differential subsidy agreement and be 25 years old or less (for lighter aboard ship vessels) or 15 years old or less (for other types of vessels). Mandates an operating agreement requiring that vessels be operated in the foreign trade (without restriction, notwithstanding specified existing requirements) or in mixed foreign and domestic trade as allowed under specified registry endorsement provisions. Prohibits otherwise operating them in the coastwise trade. Declares that participation in the program fleet shall not subject a contractor to certain provisions of the Act. Mandates, subject to the availability of appropriations, annual payments for each vessel. Releases fleet vessels, if sufficient funds have not been appropriated, from any further obligation under the agreement and allows the owner of such vessels to transfer and register them under a foreign registry deemed acceptable by the Secretary of Transportation, notwithstanding any other provision of law.

Establishes an Emergency Preparedness Program under which a fleet vessel, during time of war or national emergency or as necessary for national security (including any natural disaster, international peace operation, or contingency operation), must make available commercial transportation resources, including vessels or capacity in vessels, intermodal systems and equipment, terminal facilities, intermodal and management services, and other resources as necessary. Requires compensation for resources provided for the commercial diversion period. Allows operation or employment in foreign commerce of a foreign-flag vessel as a temporary replacement for an activated vessel.

(Sec. 3) Prohibits operating-differential subsidy (ODS) payments for a vessel 25 years old or older, unless in the public interest. Prohibits new ODS contracts after enactment of this Act. Continues existing contracts until they terminate by their terms. Makes essential services requirements inapplicable to the ODS program in certain circumstances. Allows a vessel, notwithstanding any other provision of law, to be transferred and registered under an effective U.S.-controlled foreign flag in specified circumstances.

(Sec. 4) Prohibits fleet payments to any contractor or related party when it participates in a noncontiguous domestic trade unless: (1) there is written permission from the Secretary of Transportation; (2) the service is within the level of service provided by that contractor as of specified dates; or (3) the service is in addition to the level of service provided as of those dates in proportion to the annual increase in real gross product of the noncontiguous State or Commonwealth served since such dates.

(Sec. 5) Declares that provisions prohibiting ODS contractors from operating competing foreign-flag vessels do not preclude: (1) owning, chartering, or operating a foreign-flag vessel on a voyage or segment not calling at a U.S. port, any foreign-flag vessel in line haul service between the United States and foreign ports in specified circumstances, or foreign flag bulk cargo vessels operated in foreign-to-foreign services or the foreign commerce of the United States; (2) chartering or operating foreign-flag vessels solely as replacement vessels under the program established by this Act; or (3) entering into time or space charter or other cooperative agreements regarding foreign-flag vessels or acting as agent or broker for a foreign-flag vessel or vessels.

(Sec. 6) Amends the Shipping Act, 1916 to modify the circumstances under which, notwithstanding certain provisions of law, a vessel may be placed under a foreign registry without the approval of the Secretary of Transportation.

(Sec. 7) Amends the Merchant Marine Act, 1936 to require that, notwithstanding any other provision of law or contract, all restrictions and requirements under specified provisions applicable to a liner vessel constructed, reconstructed, or reconditioned with the aid of a construction-differential subsidy terminate 25 years after vessel delivery from the shipyard.

(Sec. 9) Amends the Merchant Ship Sales Act of 1946 to modify requirements regarding use of vessels in the National Defense Reserve Fleet.

(Sec. 10) Amends the Merchant Marine Act, 1936 to entitle a merchant mariner who serves during a war, armed conflict, national emergency, or mobilization need to the same reemployment rights as are guaranteed to a member of a Reserve component of the armed forces who is ordered to active duty.

(Sec. 11) Amends Federal ship mortgage insurance provisions to remove references to vessels being owned by U.S. citizens from: (1) the definition of "vessel"; (2) provisions authorizing the loan guarantees; and (3) provisions authorizing such guarantees regarding commercial demonstration ocean thermal energy conversion facilities.

(Sec. 12) Extends the termination date of the authority to provide war risk insurance and reinsurance.

(Sec. 13) Amends Federal ship mortgage insurance provisions to mandate: (1) establishment of a system of risk categories, for obligations guaranteed under the provisions, reflecting specified risk factors; and (2) determination for each category of a subsidy rate equivalent to the cost of obligations in the category. Prohibits guaranteeing obligations when the amount guaranteed, multiplied by the subsidy rate, equals or exceeds appropriated funds. Mandates a fee, determined according to a specified formula, for the guarantee of an obligation. Allows the fee to be financed under the ship mortgage guarantee provisions.

(Sec. 14) Mandates a report to the Congress regarding the Department of Transportation's policies for a five-year period for specified aspects of the U.S. merchant marine and the maritime industrial base.

(Sec. 15) Authorizes, notwithstanding any other law or agreement with the Government, the sale to a non-U.S. citizen and transfer to or placement under a foreign registry of three named vessels.

(Sec. 16) Mandates a pilot program to evaluate the feasibility of using renewable contracts for the maintenance and repair of outported Ready Reserve Force vessels to enhance those vessels' readiness.

(Sec. 17) Modifies allocation requirements in provisions concerning certain exports sponsored by the Department of Agriculture.

Who voted for it

Every senator of the 104th Congress on the ideology compass. Highlighted: the 88 who voted yea on final passage. Faded: everyone else, including those who voted nay, did not vote, or had not yet taken office.

88 yea10 nay2 present or did not vote

Dimension 2
Economic left–right
More liberalMore conservative

Democrats who voted yea(46)

  • Sen. Paul WellstoneD-MN
  • Sen. Barbara BoxerD-CA
  • Sen. Ted KennedyD-MA
  • Sen. Daniel AkakaD-HI
  • Sen. Paul SarbanesD-MD
  • Sen. Carl LevinD-MI
  • Sen. Dale BumpersD-AR
  • Sen. Russell FeingoldD-WI
  • Sen. Frank LautenbergD-NJ
  • Sen. Patty MurrayD-WA
  • Sen. Patrick LeahyD-VT
  • Sen. Tom DaschleD-SD
  • Sen. David PryorD-AR
  • Sen. Paul SimonD-IL
  • Sen. Ron WydenD-OR
  • Sen. Tom HarkinD-IA
  • Sen. Claiborne PellD-RI
  • Sen. Kent ConradD-ND
  • Sen. John KerryD-MA
  • Sen. Carol Moseley BraunD-IL
  • Sen. Byron DorganD-ND
  • Sen. Bill BradleyD-NJ
  • Sen. Jay RockefellerD-WV
  • Sen. Daniel MoynihanD-NY
  • Sen. Barbara MikulskiD-MD
  • Sen. Robert ByrdD-WV
  • Sen. Christopher DoddD-CT
  • Sen. John GlennD-OH
  • Sen. Daniel InouyeD-HI
  • Sen. Herb KohlD-WI
  • Sen. Jeff BingamanD-NM
  • Sen. Joseph BidenD-DE
  • Sen. Wendell FordD-KY
  • Sen. Richard BryanD-NV
  • Sen. Fritz HollingsD-SC
  • Sen. Bob GrahamD-FL
  • Sen. Dianne FeinsteinD-CA
  • Sen. Robert KerreyD-NE
  • Sen. Harry ReidD-NV
  • Sen. John JohnstonD-LA
  • Sen. John BreauxD-LA
  • Sen. Charles RobbD-VA
  • Sen. James ExonD-NE
  • Sen. Joseph LiebermanD-CT
  • Sen. Max BaucusD-MT
  • Sen. Samuel NunnD-GA

Republicans who voted yea(42)

  • Sen. Jim JeffordsR-VT
  • Sen. Arlen SpecterR-PA
  • Sen. William CohenR-ME
  • Sen. Olympia SnoweR-ME
  • Sen. John ChafeeR-RI
  • Sen. Mark HatfieldR-OR
  • Sen. Nancy KassebaumR-KS
  • Sen. Alan SimpsonR-WY
  • Sen. Alfonse D’AmatoR-NY
  • Sen. Ted StevensR-AK
  • Sen. Mike DeWineR-OH
  • Sen. Pete DomeniciR-NM
  • Sen. Slade GortonR-WA
  • Sen. Kit BondR-MO
  • Sen. John WarnerR-VA
  • Sen. Robert BennettR-UT
  • Sen. Thad CochranR-MS
  • Sen. Larry PresslerR-SD
  • Sen. Spencer AbrahamR-MI
  • Sen. Bill FristR-TN
  • Sen. Rick SantorumR-PA
  • Sen. Orrin HatchR-UT
  • Sen. Richard ShelbyR-AL
  • Sen. Frank MurkowskiR-AK
  • Sen. Mitch McConnellR-KY
  • Sen. Judd GreggR-NH
  • Sen. Strom ThurmondR-SC
  • Sen. Kay HutchisonR-TX
  • Sen. Connie MackR-FL
  • Sen. Paul CoverdellR-GA
  • Sen. Dirk KempthorneR-ID
  • Sen. Trent LottR-MS
  • Sen. Larry CraigR-ID
  • Sen. Sheila FrahmR-KS
  • Sen. John McCainR-AZ
  • Sen. John AshcroftR-MO
  • Sen. Hank BrownR-CO
  • Sen. Phil GrammR-TX
  • Sen. Jim InhofeR-OK
  • Sen. Bob SmithR-NH
  • Sen. Jesse HelmsR-NC
  • Sen. Lauch FairclothR-NC
Data notes

The Senate’s recorded vote on the final version of the law (roll call 913 in Voteview), matched to the vote the record cites and checked against its totals. Positions are each member’s DW-NOMINATE score for that Congress, as on the Ideology page; left to right is more liberal to more conservative. Paired and announced yea votes count as yea. Lists follow the compass, most liberal first. A name links to a profile only for members of the current Congress. A law passed by voice vote or unanimous consent has no member list, and neither does a vote Voteview has not yet recorded.

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Committees

The committees the bill was sent to, and what each did with it.

Data notes

A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 16 actions.

  1. Oct 8, 1996Became lawBecame law · Became Public Law No: 104-239.
  2. Became lawBecame law · Signed by President.
  3. Sep 26, 1996PresidentPresident · Presented to President.
  4. Sep 24, 1996FloorFloor · Passed Senate without amendment by Yea-Nay Vote. 88-10. Record Vote No: 300.Senate roll call 300
  5. FloorFloor · Motion to table SP 5394 agreed to in Senate by Yea-Nay Vote. 50-48. Record Vote No: 299.Senate roll call 299
  6. FloorFloor · Motion to table SP 5393 agreed to in Senate by Yea-Nay Vote. 65-33. Record Vote No: 298.Senate roll call 298
  7. FloorFloor · Motion to table SP 5396 agreed to in Senate by Yea-Nay Vote. 89-9. Record Vote No: 297.Senate roll call 297
  8. Sep 20, 1996FloorFloor · Motion to table SP 5391 agreed to in Senate by Yea-Nay Vote. 77-16. Record Vote No: 296.Senate roll call 296
  9. Dec 6, 1995FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
  10. FloorFloor · On passage Passed by voice vote.
  11. FloorFloor · The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
  12. FloorFloor · Rule H. Res. 287 passed House.
  13. Aug 4, 1995CommitteeCommittee · Reported by House Armed Services Committee
  14. May 24, 1995CommitteeCommittee · Markup by House Armed Services Committee
  15. Mar 29, 1995CommitteeCommittee · Referred to House Armed Services Committee
  16. IntroducedIntroduced · Introduced in the House
Data notes

Shows the introduction, each committee and subcommittee step the source dates (referral, hearings, markup, report, discharge), and the floor, conference, presidential and became-law steps. Calendar placements, messages between the chambers, amendments and committee report numbers are not shown for laws before the 108th Congress. Two entries the source lists twice are shown once.

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Official record

The bill’s full text and every action, including introduction and committee steps, are on Congress.gov. Data through Oct 7, 2026.