Penalty. Effective date. 22 USC 1980 note. 22 USC 1980 note. 22 USC 1980. obligations by the Secretary of the Treasury shall be treated as public debt transactions of the United States. All borrowing authority contained herein shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts. "(g) Any person who willfully makes any false or misleading statement or representation for the purpose of obtaining compensation under this section is guilty of a criminal offense and, upon conviction thereof, shall be punished by a fine of not more than $25,000, or by imprisonment for not more than one year, or both.". (b) The amendment made by subsection (a) shall take effect January 1, 1979. (c) Nothing in the amendment made by subsection (a) shall be construed as affecting in any manner or to any extent any loan made under section 10 of the Fishermen's Protective Act of 1967 (as in effect before January 1, 1979), and, for purposes of the consideration by the Secretary of Commerce of any application for a loan under such section which was filed, but not acted on, before January 1, 1979, the amendment made by subsection (a) shall not be deemed to have been enacted. Approved September 18, 1978. LEGISLATIVE HISTORY: HOUSE REPORT No. 95–1029 (Comm. on Merchant Marine and Fisheries). Apr. 10, considered and passed House. May 22, considered and passed Senate, amended. Aug. 10, House concurred in Senate amendments with amendments. Aug. 17, Senate concurred in House amendments with an amendment; House concurred in Senate amendments. Oct. 13, 1978 [H.R. 12603] Great Lakes Pilotage Act of 1960, amendment. Definitions. Registration of United States ilots. 16 USC 216b. 6 USC 216e. Public Law 95-455 95th Congress An Act To amend the Great Lakes Pilotage Act of 1960 in order to relieve the restrictive qualification standards for United States registered pilots on the Great Lakes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Great Lakes Pilotage Act of 1960 (74 Stat. 259; 46 U.S.C. 216) is hereby amended as follows: (1) by deleting section 2(b) and inserting in lieu thereof the following: "(b) 'Secretary' means the Secretary of Transportation."; (2) by deleting section 2(c) and inserting in lieu thereof the following: "(c) 'United States registered pilot' means a person, other than a member of the regular complement of a vessel, who holds a license authorizing navigation on the Great Lakes and suitably endorsed for pilotage on routes specified therein, issued under the authority of the provisions of title 52 of the Revised Statutes, and who is registered by the Secretary under the provisions of section 4 of this Act."; (3) by deleting in section 2(d) the words "a master's certificate or equivalent" and inserting in lieu thereof "an appropriate"; (4) by deleting in section 2(e) the words "head of the Department in which the Coast Guard is operating under regulations issued by him", and inserting in lieu thereof the word "Secretary"; (5) by deleting section 4(a) and inserting in lieu thereof the following: "SEC. 4. (a) The registration of United States pilots shall be carried out by the Secretary under such regulations as to qualifications, terms, and conditions which will assure adequate and efficient pilotage service, provide for equitable participation of United States registered pilots with Canadian registered pilots in the pilotage of vessels to which this Act applies, and provide fair and reasonable opportunity for registration. Each applicant must, as a prerequisite, be the holder of a license, as a master, mate, or pilot, issued under the authority of the provisions of title 52 of the Revised Statutes, and have acquired at least twenty-four months licensed service or comparable experience on vessels or integrated tugs and tows, of four thousand gross tons or over, operating on the Great Lakes or oceans. Those applicants qualifying with ocean service must have obtained at least six months of licensed service or comparable experience on the Great Lakes. The Secretary may require such experience and training, in addition to the minimum required by this subsection, as he considers necessary. In addition, each applicant shall agree that, if appointed as a United States registered pilot, he will be available for service when required and shall comply with this Act and all applicable regulations issued by the Secretary pursuant to this Act.". (6) by deleting in section 7(a) the words "for each violation for which sum the vessel shall be liable and may be seized and proceeded against by way of libel in any district court of the United States having jurisdiction thereof." in the first sentence, and inserting in lieu thereof "for each violation."; (7) by deleting in section 7(a) the last sentence which reads 46 USC 216e. "This subsection shall be enforced by the head of the Department in which the Coast Guard is operating."; (8) by deleting in section 7(b) the last sentence which reads "This subsection shall be enforced by the head of the Department in which the Coast Guard is operating."; (9) by deleting in section 7(c) the last sentence which reads "The provisions of this subsection shall be enforced by the Secretary, who may, upon application therefor, remit or mitigate the penalty provided for herein, upon such terms as he, in his discretion, shall think proper."; (10) by adding a new section 7(d) which reads: Violations. "(d) Any person who is found by the Secretary, after notice and an opportunity for a hearing, to have violated any part of the Act or a regulation issued hereunder shall be liable to the United States for the penalties as enumerated in this Act. The amount of such civil penalty Penalties. shall be assessed by the Secretary, or his designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this section. If any person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General of the United States, for collection in any appropriate district court of the United States."; (11) by adding a new section 7(e) which reads: "(e) Any vessel subject to the provisions of this Act, which is used in violation of this Act or any regulation issued hereunder, shall be liable in rem for any civil penalty assessed pursuant to this Act and may be proceeded against in the United States district court for any district in which such vessel may be found."; (12) by deleting in section 8(a) the words "with the concur- 46 USC 216f. rence of the head of the Department in which the Coast Guard is operating, or his designee,”. Approved October 13, 1978. LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1526 (Comm. on Merchant Marine and Fisheries). Sept. 25, considered and passed House. Sept. 28, considered and passed Senate. To amend the Ports and Waterways Safety Act of 1972, 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 "Port and Tanker Safety Act of 1978". SEC. 2. PORTS AND WATERWAYS SAFETY AND PROTECTION OF THE The Ports and Waterways Safety Act of 1972 (Public Law 92-340, 86 Stat. 424) is amended to read as follows: "SECTION 1. SHORT TITLE. Oct. 17, 1978 [S. 682] Port and Tanker Safety Act of 1978. 33 USC 1221 note. 33 USC 1221 Act. "This Act may be cited as the 'Ports and Waterways Safety Act'. Waterways Safety "SEC. 2. STATEMENT OF POLICY. "The Congress finds and declares— note. "(a) that navigation and vessel safety and protection of the 33 USC 1221. marine environment are matters of major national importance; "(b) that increased vessel traffic in the Nation's ports and waterways creates substantial hazard to life, property, and the marine environment; "(c) that increased supervision of vessel and port operations is necessary in order to "(1) reduce the possibility of vessel or cargo loss, or damage to life, property, or the marine environment; "(2) prevent damage to structures in, on, or immediately adjacent to the navigable waters of the United States or the resources within such waters; "(3) insure that vessels operating in the navigable waters of the United States shall comply with all applicable standards and requirements for vessel construction, equipment, manning, and operational procedures; and "(4) insure that the handling of dangerous articles and substances on the structures in, on, or immediately adjacent to the navigable waters of the United States is conducted in accordance with established standards and requirements; and "(d) that advance planning is critical in determining proper and adequate protective measures for the Nation's ports and waterways and the marine environment, with continuing consultation with other Federal agencies, State representatives, affected users, and the general public, in the development and implementation of such measures. "SEC. 3. DEFINITIONS.-As used in this Act, unless the context other- 33 USC 1222. wise requires (1) Marine environment' means the navigable waters of the United States and the land and resources therein and thereunder; the waters and fishery resources of any area over which the United States asserts exclusive fishery management authority; the seabed and subsoil of the Outer Continental Shelf of the United States, the resources thereof and the waters superjacent thereto; and the recreational, economic, and scenic values of such waters and resources. 33 USC 1223. "(2) 'Secretary' means the Secretary of the department in which the Coast Guard is operating. "(3) 'State' includes each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the United States Virgin Islands, the Trust Territories of the Pacific Islands, the Commonwealth of the Northern Marianas, and any other commonwealth, territory, or possession of the United States. "(4) 'United States', when used in geographical context, means all the States thereof. "SEC. 4. VESSEL OPERATING REQUIREMENTS. "(a) IN GENERAL.-Subject to the requirements of section 5, the Secretary may "(1) in any port or place under the jurisdiction of the United States, in the navigable waters of the United States, or in any area covered by an international agreement negotiated pursuant to section 11, establish, operate, and maintain vessel traffic services, consisting of measures for controlling or supervising vessel traffic or for protecting navigation and the marine environment and may include, but need not be limited to one or more of the following: reporting and operating requirements, surveillance and communications systems, routing systems, and fairways; "(2) require vessels which operate in an area of a vessel traffic service to utilize or comply with that service; "(3) require vessels to install and use specified navigation equipment, communications equipment, electronic relative motion analyzer equipment, or any electronic or other device necessary to comply with a vessel traffic service or which is necessary in the interests of vessel safety: Provided, That the Secretary shall not require fishing vessels under 300 gross tons or recreational vessels 65 feet or less to possess or use the equipment or devices required by this subsection solely under the authority of this Act: "(4) control vessel traffic in areas subject to the jurisdiction of the United States which the Secretary determines to be hazardous, or under conditions of reduced visibility, adverse weather, vessel congestion, or other hazardous circumstances by "(A) specifying times of entry, movement, or departure; "B) establishing vessel traffic routing schemes; "(C) establishing vessel size, speed, draft limitations and vessel operating conditions; and "(D) restricting operation, in any hazardous area or under hazardous conditions, to vessels which have particular operating characteristics or capabilities which he considers necessary for safe operation under the circumstances; and "(5) require the receipt of prearrival messages from any vessel, destined for a port or place subject to the jurisdiction of the United States, in sufficient time to permit advance vessel traffic planning prior to port entry, which shall include any information which is not already a matter of record and which the Secretary determines necessary for the control of the vessel and the safety of the port or the marine environment. "(b) SPECIAL POWERS.-The Secretary may order any vessel, in a port or place subject to the jurisdiction of the United States or in the navigable waters of the United States, to operate or anchor in a manner he directs if— |