Deepwater Port Act Amendments of 1984

(Measure passed Senate, amended) Deepwater Port Act Amendments of 1984 - Amends the Deepwater Port Act of 1974 to define an "application" as any application submitted under such Act for a license for the ownership, construction, and operation of a deepwater port. Authorizes the Secretary of Transportation to issue a license for the ownership, construction, and operation of a deepwater port. Authorizes the Secretary, on petition of the licensee, to amend, transfer, or reinstate a license issued under such Act if such action is consistent with the findings made at the time the license was issued. Directs that licenses issued under such Act shall remain in effect until revoked by the Secretary or surrendered by the licensee. Requires licenses issued under such Act to be uniform, if practicable. Directs the Secretary to transmit to the Attorney General and the Federal Trade Commission a copy of each license application. States that a deepwater port and its facility shall operate as a common carrier under the Interstate Commerce Act, and therefore be subject to common carrier regulations, except when the licensee: (1) is subject to effective competition for the transportation of oil from alternative transportation systems; and (2) sets its rates, fees, charges, and conditions of service on the basis of competition. Requires the Secretary to take appropriate action when a licensee is not in compliance with this Act. Prohibits the collection of any unloading fees by licensees after the enactment of this Act unless there are adjudicated claims against the Deepwater Port Liability Fund to be satisfied. Authorizes the Secretary to resume collection of such fees when the unobligated balance of the Fund is less than $4,000,000. Requires such collections to cease when the unobligated Fund balance exceeds $4,000,000. Authorizes the Fund to borrow from the Treasury amounts sufficient to maintain the balance of such fund at $4,000,000, but only to the extent such loan funds are provided in advance in appropriation Acts. Confers joint and several liability upon the owner and operator of a vessel for cleanup costs and damages resulting from discharge as a result of vessel unseaworthiness. Requires the Secretary of State to notify the governments of foreign vessels utilizing a deepwater port that the United States shall exercise jurisdiction over such vessels and their crew while utilizing such ports. Directs the Secretary of State to inform licensees of deepwater ports of all objections received from governments of foreign states in response to notifications made under this Act. Grants jurisdiction to the United States of vessels (and their crew) whenever such vessels are: (1) utilizing a deepwater port; and (2) within the safety zone of such port and engaged in activities connected with the use and operation of such port. Prohibits jurisdiction over any vessel objecting to the application of such jurisdiction. Prohibits any foreign vessel from utilizing any U.S. deepwater port without express or implied consent to the recognition of U.S. jurisdiction over such vessels and the designation of an agent in the United States for receipt of service of process. States that a licensee shall not be obligated to prohibit the utilization of a deepwater port by a vessel of an objecting foreign state unless such licensee is informed of such objection by the Secretary of State.

(Reported to Senate from the Committee on Commerce, Science, and Transportation with amendment,S.Rept.98-314) Deepwater Port Act Amendments of 1983 - Amends the Deepwater Port Act of 1974 to define an "application" as any application submitted under such Act for a license for the ownership, construction, and operation of a deepwater port. Authorizes the Secretary of Transportation to issue a license for the ownership, construction, and operation of a deepwater port. Authorizes the Secretary, on petition of the licensee, to amend, transfer, or reinstate a license issued under such Act if such action is consistent with the findings made at the time the license was issued. Directs that licenses issued under such Act shall remain in effect until revoked by the Secretary or surrendered by the licensee. Requires licenses issued under such Act to be uniform, if practicable. Directs the Secretary to transmit to the Attorney General and the Federal Trade Commission a copy of each license application. States that a deepwater port and its facility shall operate as a common carrier under the Interstate Commerce Act, and therefore be subject to common carrier regulations, except when the licensee: (1) is subject to effective competition for the transportation of oil from alternative transportation systems; and (2) sets its rates, fees, charges, and conditions of service on the basis of competition. Requires the Secretary to take appropriate action when a licensee is not in compliance with this Act. Prohibits the collection of any unloading fees by licensees after the enactment of this Act unless there are adjudicated claims against the Deepwater Port Liability Fund to be satisfied. Authorizes the Secretary to resume collection of such fees when the unobligated balance of the Fund is less than $4,000,000. Requires such collections to cease when the unobligated Fund balance exceeds $4,000,000. Confers joint and several liability upon the owner and operator of a vessel for cleanup costs and damages resulting from discharge as a result of vessel unseaworthiness. Requires the Secretary of State to notify the governments of foreign vessels utilizing a deepwater port that the United States shall exercise jurisdiction over such vessels and their crew while utilizing such ports. Directs the Secretary of State to inform licensees of deepwater ports of all objections received from governments of foreign states in response to notifications made under this section. Grants jurisdiction to the United States of vessels (and their crew) whenever such vessels are: (1) utilizing a deepwater port; and (2) are within the safety zone of such port and engaged in activities connected with the use and operation of such port. Prohibits jurisdiction over any vessel objecting to the application of such jurisdiction. Prohibits any foreign vessel from utilizing any U.S. deepwater port without express or implied consent to the recognition of U.S. jurisdiction over such vessels and the designation of an agent in the United States for receipt of service of process. States that a licensee shall not be obligated to prohibit the utilization of a deepwater port by a vessel of an objecting foreign state unless such licensee is informed of such objection by the Secretary of State.

Deepwater Port Act Amendments of 1983 - Amends the Deepwater Port Act of 1974 to define an "application" as any application submitted under such Act for a license for the ownership, construction, and operation of a deepwater port. Authorizes the Secretary of Transportation to issue a license for the ownership, construction, and operation of a deepwater port (currently, authorizes the Secretary to issue, transfer, amend, or renew such licenses). Authorizes the Secretary, at the request of the licensee, to transfer or amend such licenses after reasonable public notice and an opportunity to comment and upon the Secretary making a certain determination. Requires licenses issued under such Act to be uniform, if practicable. Provides a procedure for achieving such uniformity. Directs that licenses issued under such Act shall remain in effect until revoked by the Secretary or until surrendered by the licensee (currently, such licenses are for a term not to exceed 20 years, with possible renewal). Requires the Secretary at the request of the licensee to review any regulation or any provision or condition of any license to determine if it is cost-effective and necessary to meet the objectives of such Act. Requires the Secretary to correct or rescind non-conforming regulations and license conditions. Requires the Secretary to include any action taken under this section in the annual report to Congress required by such Act. Requires licensees under such Act to operate as common carriers and to accept, transport, or convey without discrimination all oil delivered to the port according to its license. Authorizes licensees to base rates for transportation, storage, and other services on competition, market conditions, and the ability to maintain the economic viability of such port. Provides for remedial action by the Secretary against licensees not in compliance with such rate and discrimination requirements, including the suspension and termination of noncompliant licensees. Repeals the Deepwater Port Liability Fund. Requires all assets of such Fund to be paid to the State deepwater port regulatory agency of the adjacent coastal State which is nearest to the deepwater port where such fees were initially collected. Requires the Secretary to determine the amount of claims outstanding against the Fund within 90 days and to withhold a sufficient reserve from Fund assets to pay these claims. Makes conforming amendments to substitute the revolving fund established under the Federal Water Pollution Control Act for the Deepwater Port Liability Fund, in order to fund oil spill clean-up at deepwater ports. Declares that the owner and operator of a vessel shall be jointly and severally liable, without regard to fault, for cleanup costs and damages that result from oil spills within any safety zone, except when such vessel is moored at a deepwater port. Prohibits imposing liability with respect to damages claimed by a damaged party (caused by oil spills) if the owner or operator of a vessel, the licensee, or the United States, can show that such damage was caused solely by the negligence of such party. Amends the Federal Water Pollution Control Act to authorize appropriations for a revolving fund to carry out oil and other hazardous materials discharge clean-up at deepwater ports (currently, such clean up is funded by the Deepwater Port Liability Fund). Prohibits deepwater ports licensed under the Deepwater Port Act of 1974 from permitting certain foreign vessels from calling at or utilizing such ports (except for force majeure situations), unless the vessel owner or operator has designated an agent in the United States for receipt of service of process for any claim or legal proceeding resulting from activities of the vessel while located within the safety zone.