IB
Union Calendar No. 360
104TH CONGRESS
2D SESSION
H. R. 2940
[Report No. 104–692, Part I]
To amend the Deepwater Port Act of 1974.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 1, 1996
Mr. HAYES (for himself, Mr. TAUZIN, Mr. BAKER of Louisiana, Mr. JEFFER-
SON, and Mr. MCCRERY) introduced the following bill; which was referred
to the Committee on Transportation and Infrastructure, and in addition
to the Committee on the Judiciary, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
JULY 18, 1996
Reported from the Committee on Transportation and Infrastructure with an
amendment
[Strike out all after the enacting clause and insert the part printed in italic]
JULY 18, 1996
Referral to the Committee on the Judiciary extended for a period ending not
later than July 18, 1996
JULY 18, 1996
Committee discharged; committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on February 1, 1996]
A BILL
To amend the Deepwater Port Act of 1974.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Deepwater Port Mod-
ernization Act’’.
SEC. 2. DECLARATIONS OF PURPOSE AND POLICY.
(a) PURPOSES.—The purposes of this Act are to—
(1) update and improve the Deepwater Port Act
of 1974;
(2) assure that the regulation of deepwater ports
is not more burdensome or stringent than necessary
in comparison to the regulation of other modes of im-
porting or transporting oil;
(3) recognize that deepwater ports are generally
subject to effective competition from alternative trans-
portation modes and eliminate, for as long as a port
remains subject to effective competition, unnecessary
Federal regulatory oversight or involvement in the
ports’ business and economic decisions; and
(4) promote innovation, flexibility, and effi-
ciency in the management and operation of deepwater
ports by removing or reducing any duplicative, un-
necessary, or overly burdensome Federal regulations
or license provisions.
(b) POLICY.—Section 2(a) of the Deepwater Port Act
of 1974 (33 U.S.C. 1501(a)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(3);
(2) by striking the period at the end of para-
graph (4) and inserting a semicolon; and
(3) by inserting at the end the following:
‘‘(5) promote the construction and operation of
deepwater ports as a safe and effective means of im-
porting oil into the United States and transporting
oil from the outer continental shelf while minimizing
tanker traffic and the risks attendant thereto; and
‘‘(6) promote oil production on the outer con-
tinental shelf by affording an economic and safe
means of transportation of outer continental shelf oil
to the United States mainland.’’.
SEC. 3. DEFINITIONS.
(a) ANTITRUST LAWS.—Section 3 of the Deepwater
Port Act of 1974 (33 U.S.C. 1502) is amended—
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) through (19)
as paragraphs (3) through (18), respectively.
(b) DEEPWATER PORT.—The first sentence of section
3(9) of such Act, as redesignated by subsection (a), is
amended by striking ‘‘such structures,’’ and all that follows
through ‘‘section 23.’’ and inserting the following: ‘‘struc-
tures, located beyond the territorial sea and off the coast
of the United States and which are used or intended for
use as a port or terminal for the transportation, storage,
and further handling of oil for transportation to any State,
except as otherwise provided in section 23, and for other
uses not inconsistent with the purposes of this Act, includ-
ing transportation of oil from the United States outer con-
tinental shelf.’’.
SEC. 4. LICENSES.
(a) ELIMINATION OF UTILIZATION RESTRICTIONS.—
Section 4(a) of the Deepwater Port Act of 1974 (33 U.S.C.
1503(a)) is amended by striking all that follows the second
sentence.
(b) ELIMINATION OF PRECONDITION TO LICENSING.—
Section 4(c) of such Act is amended—
(1) by striking paragraph (7); and
(2) by redesignating paragraphs (8), (9), and
(10) as paragraphs (7), (8), and (9), respectively.
(c) CONDITIONS PRESCRIBED BY SECRETARY.—Sec-
tion 4(e)(1) of such Act is amended by striking the first
sentence and inserting the following: ‘‘In issuing a license
for the ownership, construction, and operation of a deep-
water port, the Secretary shall prescribe those conditions
which the Secretary deems necessary to carry out the provi-
sions and requirements of this Act or which are otherwise
required by any Federal department or agency pursuant
to the terms of this Act. To the extent practicable, conditions
required to carry out the provisions and requirements of
this Act shall be addressed in license conditions rather than
by regulation and, to the extent practicable, the license shall
allow a deepwater port’s operating procedures to be stated
in an operations manual approved by the Coast Guard
rather than in detailed and specific license conditions or
regulations; except that basic standards and conditions
shall be addressed in regulations.’’.
(d) ELIMINATION OF RESTRICTION RELATING TO AP-
PLICATIONS.—Section 4(e)(2) of such Act is amended by
striking ‘‘application’’ and inserting ‘‘license’’.
(e) FINDINGS REQUIRED FOR TRANSFERS.—Section
4(f) of such Act is amended to read as follows:
‘‘(f) AMENDMENTS, TRANSFERS, AND
REINSTATE-
MENTS.—The Secretary may amend, transfer, or reinstate
a license issued under this Act if the Secretary finds that
the amendment, transfer, or reinstatement is consistent
with the requirements of this Act.’’.
SEC. 5. INFORMATIONAL FILINGS.
Section 5(c) of the Deepwater Port Act of 1974 (33
U.S.C. 1504(c)) is amended by adding the following:
‘‘(3) Upon written request of any person subject to this
subsection, the Secretary may make a determination in
writing to exempt such person from any of the informa-
tional filing provisions enumerated in this subsection or the
regulations implementing this section if the Secretary deter-
mines that such information is not necessary to facilitate
the Secretary’s determinations under section 4 of this Act
and that such exemption will not limit public review and
evaluation of the deepwater port project.’’.
SEC. 6. ANTITRUST REVIEW.
Section 7 of the Deepwater Port Act of 1974 (33 U.S.C.
1506) is repealed.
SEC. 7. OPERATION.
(a) AS COMMON CARRIER.—Section 8(a) of the Deep-
water Port Act of 1974 (33 U.S.C. 1507(a)) is amended
by inserting after ‘‘subtitle IV of title 49, United States
Code,’’ the following: ‘‘and shall accept, transport, or convey
without discrimination all oil delivered to the deepwater
port with respect to which its license is issued,’’.
(b) CONFORMING AMENDMENT.—Section 8(b) of such
Act is amended by striking the first sentence and the first
3 words of the second sentence and inserting the following:
‘‘A licensee is not discriminating under this section and’’.
SEC. 8. MARINE ENVIRONMENTAL PROTECTION AND NAVI-
GATIONAL SAFETY.
Section 10(a) of the Deepwater Port Act of 1974 (33
U.S.C. 1509(a)) is amended—
(1) by inserting after ‘‘international law’’ the
following: ‘‘and the provision of adequate opportuni-
ties for public involvement’’;
(2) by striking ‘‘shall prescribe by regulation
and enforce procedures with respect to any deepwater
port, including, but not limited to,’’ and inserting the
following: ‘‘shall prescribe and enforce procedures, ei-
ther by regulation (for basic standards and condi-
tions) or by the licensee’s operations manual, with re-
spect to’’; and
(3) by redesignating clauses (A), (B), and (C) as
clauses (1), (2), and (3), respectively.
Union Calendar No. 360
104TH CONGRESS
2D SESSION
H. R. 2940
[Report No. 104–692, Part I]
A BILL
To amend the Deepwater Port Act of 1974.
JULY 18, 1996
Reported from the Committee on Transportation and
Infrastructure with an amendment
JULY 18, 1996
Referral to the Committee on the Judiciary extended for
a period ending not later than July 18, 1996
JULY 18, 1996
Committee discharged; committed to the Committee of
the Whole House on the State of the Union and or-
dered to be printed