Deepwater Port Act Amendments of 1984
PL 98-419 (S.1546), enacted 09/25/1984

PUBLIC LAW 98-419—SEPT. 25, 1984 
98 STAT. 1607 
Public Law 98-419 
98th Congress 
An Act 
To amend the Deepwater Port Act of 1974, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Deepwater Port Act Amendments of 1984". 
AMENDMENT, TRANSFER, OR RENEWAL OF UCENSE 
SEC. 2. (a) Section 3(4) of the Deepwater Port Act of 1974 (33 U.S.C. 
1502(4)) is amended to read: 
"(4) 'appUcation' means an application submitted under this 
Act for a license for the ownership, construction, and operation 
of a deepwater port;". 
(b) Section 4(b) of the Deepwater Port Act of 1974 (33 U.S.C. 
15030))) is amended to read: 
"(b) The Secretary may— 
"(1) on application, issue a license for the ownership, construc-
tion, and operation of a deepwater port; and 
"(2) on petition of the licensee, amend, transfer, or reinstate a 
license issued under this Act.". 
(c) Section 4(f) of the Deepwater Port Act of 1974 (33 U.S.C. 1503(f)) 
is amended to read: 
"(f) The Secretary may amend, transfer, or reinstate a license 
issued under this Act if the amendment, transfer, or reinstatement 
is consistent with the findings made at the time the license was 
issued.". 
(d) Section 4(h) of the Deepwater Port Act of 1974 (33 U.S.C. 
15()3(h)) is amended to read: 
"(h) A license issued under this Act remains in effect unless 
suspended or revoked by the Secretary or until surrendered by the 
licensee.". 
(e) Section 4(e)(1) of the Deepwater Port Act of 1974 (33 U.S.C. 
15()3(e)(l)) is amended by inserting at the end thereof: "On petition 
of a licensee, the Secretary shall review any condition of a license 
issued under this Act to determine if that condition is uniform, 
insofar as practicable, with the conditions of other Hcenses issued 
under this Act, reasonable, and necessary to meet the objectives of 
this Act. The Secretary shall amend or rescind any condition that is 
no longer necessary or otherwise required by any Federal depart-
ment or agency under this Act.". 
(f) The first sentence of section 5(g) of the Deepwater Port Act of 
1974 (33 U.S.C. 1504(g)) is amended by striking "issued, transferred, 
or renewed" and inserting "issued". 
(g) The first sentence of section 7(a) of the Deepwater Port-Act of 
1974 (33 U.S.C. 1506(a)) is amended by striking "issue, transfer, or 
renew" and inserting "issue". 
(h) Section 7(bXl) of the Deepwater Port Act of 1974 (33 U.S.C. 
1506(b)(1)) is amended: 
Sept. 25, 1984 
[S. 1546] 
Deepwater 
Port Act 
Amendments 
of 1984. 
Vessels. 
33 u s e 1501 
note. 
98 STAT. 1608 
PUBLIC LAW 98-419—SEPT. 25, 1984 
(1) by striking the first sentence and inserting: "The Secretary 
shall transmit promptly to the Attorney General and the Fed-
eral Trade Commission a complete copy of each application for 
issuance of a license or a petition for the amendment, transfer, 
or reinstatement of a license that is received."; and 
(2) in the second sentence, by inserting immediately after the 
word "hearing" the phrase "on license application". 
49 u s e 10101. 
Petroleum and 
petroleum 
products. 
Law 
enforcement. 
ECONOMIC DEREGULATION 
SEC. 3. (a) Section 8 of the Deepwater Port Act of 1974 (33 U.S.C. 
1507) is amended to read: 
"SEC. 8. (a) A deepwater port and a storage facility serviced 
directly by that deepwater port shall operate as a common carrier 
under applicable provisions of part I of the Interstate Commerce Act 
and subtitle IV of title 49, United States Code, except as provided by 
subsection (b) of this section. 
"Ot)) A licensee under this Act shall accept, transport, or convey 
without discrimination all oil delivered to the deepwater port with 
respect to which its license is issued. However, a licensee is not 
subject to common carrier regulations under subsection (a) of this 
section when that 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, giving consideration to other relevant 
business factors such as the market value of services provided, 
licensee's cost of operation, and the licensee's investment in the 
deepwater port and a storage facility, and components thereof, 
serviced directly by that deepwater port. 
"(c) When the Secretary has reason to believe that a licensee is 
not in compliance with this section, the Secretary shall commence 
an appropriate proceeding before the Federal Energy Regulatory 
Commission or request the Attorney General to take appropriate 
steps to enforce compliance with this section and, when appropriate, 
to secure the imposition of appropriate sanctions. In addition, the 
Secretary may suspend or revoke the license of a licensee not 
complying with its obligations under this section.". 
SUSPENSION OF FEE COLLECTION AND SUBROGATION 
Claims. 
SEC. 4. (a) Section 18 of the Deepwater Port Act of 1974 (33 U.S.C. 
1517) is amended as follows: 
(1) In the first sentence of subsection (d), following the words 
"deepwater port" the first time they appear, insert "while 
located in the safety zone". 
Effective dates. 
(2) In subsection (f)(3), strike the third and fourth sentences 
and insert: "These collections shall cease after the date of 
Ante, p. 1607. 
enactment of the Deepwater Port Act Amendments of 1984, 
unless there are adjudicated claims against the Fund to be 
satisfied. The Secretary may order the collection of the fee to be 
resumed when the unobligated balance of the Fund as reduced 
by the unliquidated debts to the United States Treasury is less 
than $4,000,000. Any collection of fees ordered by the Secretary 
under the preceding sentence shall cease whenever the unobli-
gated balance of the Fund as reduced by the unliquidated debts 
to the United States Treasury exceeds $4,000,000. The Fund 
PUBLIC LAW 98-419—SEPT. 25, 1984 
98 STAT. 1609 
may borrow from the United States Treasury at an interest rate 
to be determined by the Secretary of the Treasury amounts 
sufficient to maintain the available balance in the Fund at 
$4,000,000, but only to such extent and in such amounts as are 
provided in advance in appropriation Acts. Such amounts shall 
remain available until expended.". 
(3) In the eighth sentence of subsection (f)(3), as amended by 
this subsection, after the word "than", insert "the amount the 
Secretary determines is needed to draw upon under subsection 
(c)(3) of this section or". 
(4) In the tenth sentence of subsection (f)(3), £is amended by 
this subsection, after the word "needed", insert "to draw upon 
under subsection (c)(3) of this section or". 
(5) In subsection (h)(2), insert at the end thereof: "In that 
event, the owner and operator of the vessel are jointly and 
severally liable for cleanup costs and damages resulting from 
that discharge in the same manner and to the same extent as 
under subsection (d) of this section. . 
(6) In subsection (h)(3), insert at the end thereof: "When the 
Fund under this subsection is subrogated to the right of any 
person entitled to recovery against thfe owner or operator of a 
vessel, that owner and operator are jointly and severally liable 
for cleanup costs and damages resulting from that discharge in 
the same manner and to the same extent as under subsection (d) 
of this section.". 
RELATIONSHIP TO OTHER LAWS 
SEC. 5. (a) Section 19(a) of the Deepwater Port Act of 1974 (33 Vessels. 
U.S.C. 1518(a)) is amended by adding at the end thereof: 
"(3) The Secretary of State shall notify the government of each 
foreign state having vessels registered under its authority or fl)dng 
its flag which may call at or otherwise utilize a deepwater port but 
which do not currently have an agreement in effect as provided in 
subsection (c)(2)(AKi) of this section that the United States intends to 
exercise jurisdiction over vessels calling at or otherwise utilizing a 
deepwater port and the persons on board such vessels. The Secretary 
of State shall notify the government of each such state that, absent 
its objection, its vessels will be subject to the jurisdiction of the 
United States whenever they— 
"(A) are calling at or otherwise utilizing a deepwater port; 
and 
"(B) are within the safety zone of such a deepwater port and 
are engaged in activities connected, associated, or potentially 
interfering with the use and operation of the deepwater port. 
The Secretary of State shall promptly inform licensees of deepwater 
ports of all objections received from governments of foreign states in 
response to notifications made under this paragraph.". 
(b) Section 19(c) of the Deepwater Port Act of 1974 (33 U.S.C. 
1518(c)) is amended to read: 
"(cXD The jurisdiction of the United States shall apply to vessels 
of the United States and persons on board such vessels. The jurisdic-
tion of the United States shall also apply to vessels, and persons on 
board such vessels, registered in or flying the flags of foreign states, 
whenever such vessels are— 
"(A) calling at or otherwise utilizing a deepwater port; and 
31-194 - 0 - 86 - 15 : QL. 3 Part 2 
98 STAT. 1610 
PUBLIC LAW 98-419—SEPT. 25, 1984 
Prohibition. 
Effective date. 
33 u s e 1518 
note. 
Ante, p. 1609. 
"(B) are within the safety zone of such a deep 
water port, and 
are engaged in activities connected, associated, or potentially 
interfering with the use and operation of the deepwater port. 
The jurisdiction of the United States under this paragraph shall not, 
however, apply to vessels registered in or flying the flag of any 
foreign state that has objected to the application of such jurisdiction. 
"(2) Except in a situation involving force majeure, a licensee shall 
not permit a vessel registered in or flying the flag of a foreign state 
to call at or otherwise utilize a deepwater port licensed under this 
Act unless— 
"(A)(i) the foreign state involved, by specific agreement with 
the United States, has agreed to recognize the jurisdiction of the 
United States over the vessels registered in or flying the flag of 
that state and persons on board such vessels in accordance with 
the provisions of paragraph (1) of this subsection, while the 
vessel is located within the safety zone, or 
"(ii) the foreign state has not objected to the application of the 
jurisdiction of the United States to any vessel, or persons on 
board such vessel, while the vessel is located within the safety 
zone; and 
"(B) the vessel owner or operator has designated an agent in 
the United States for receipt of service of process in the event of 
any claim or legal proceeding resulting from activities of the 
vessel or its personnel while located within such a safety zone. 
"(3) For purposes of paragraph (2)(A)(ii) of this subsection, a 
licensee shall not be obliged to prohibit a call at or use of a 
deepwater port by a vessel registered in or flying the flag of an 
objecting state unless the licensee has been informed by the Secre-
tary of State as required by subsection (a)(3) of this section.". 
(c) The amendment made by subsection (b) of this section shall be 
effective on the ninetieth day following the date of enactment of this 
Act. The Secretary of State shall make the first series of notifica-
tions referred to in section 19(a)(3) of the Deepwater Port Act of 
1974, as added by subsection (a) of this section, prior to the thirtieth 
day following the date of enactment of this Act. 
Approved September 25, 1984. 
LEGISLATIVE HISTORY—S. 1546 (H.R. 2353): 
SENATE REPORT No. 98-314 (Coram, on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
Mar. 30, considered and passed Senate. 
Aug. 9, considered and passed House.