46 U.S.C. App. 1274. 46 U.S.C. App. 1275. Loans. or undertaking relevant to the employment of the vessel; "(v) other relevant criteria; and "(vi) for inland waterways, the need for technical improvements, including but not limited to increased fuel efficiency, or improved safety. "(B) No commitment to guarantee, or guarantee of, an obligation shall be made by the Secretary of Commerce unless the Secretary finds, at or prior to the time such commitment is made or guarantee becomes effective, that the property or project with respect to which the obligation will be executed will be, in the Secretary's opinion, economically sound and in the case of fishing vessels, that the purpose of the financing or refinancing is consistent with the wise use of the fisheries resources and with the development, advancement, management, conservation, and protection of the fisheries resources, or with the need for technical improvements including but not limited to increased fuel efficiency or improved safety."; (7) in section 1104(h), after the word "acceleration", by adding ", assumption,"; (8) in section 1105(a), in the first sentence after the word "demand", by adding: “(unless the Secretary shall, upon such terms as may be provided in the obligation or related agreements, prior to that demand, have assumed the obligor's rights and duties under the obligation and agreements and shall have made any payments in default)"; (9) in section 1105, by striking subsection (b) and substituting: "(b) In the event of a default under a mortgage, loan agreement, or other security agreement between the obligor and the Secretary, the Secretary may upon such terms as may be provided in the obligation or related agreement, either: "(1) assume the obligor's rights and duties under the agreement, make any payment in default, and notify the obligee or the obligee's agent of the default and the assumption by the Secretary; or "(2) notify the obligee or the obligee's agent of the default, and the obligee or the obligee's agent shall have the right to demand at or before the expiration as such period as may be specified in the guarantee or related agreements, but not later than 60 days from the date of such notice, payment by the Secretary of the unpaid principal amount of said obligation and of the unpaid interest thereon. Within such period as may be specified in the guarantee or related agreements, but not later than 30 days from the date of such demand, the Secretary shall promptly pay to the obligee or the obligee's agent the unpaid principal amount of said obligation and unpaid interest thereon to the date of payment."; (10) in section 1105(c), first sentence, after the word "payment", by adding "or assumption"; (11) in section 1105(e), by striking the last sentence and substituting: "In the event that the Secretary shall receive through the sale of property an amount of cash in excess of the unpaid principal amount of the obligation and unpaid interest on the obligation and the expenses of collection of those amounts, the Secretary shall pay the excess to the obligor."; and (12) in section 1104(e), by adding the following sentence at the end thereof: "Such regulations shall provide a formula for determining the creditworthiness of obligors under which the most creditworthy obligors pay a fee computed on the lowest allowable percentage and the least creditworthy obligors pay a fee which may be computed on the highest allowable percentage (the range of creditworthiness to be based on obligors which have actually issued guaranteed obligations).". SEC. 2. Section 214 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1124) is amended to read as follows: "(a) For the purpose of any investigation which, in the opinion of the Secretary of Transportation, is necessary and proper in carrying out this Act, the Secretary may subpoena witnesses administer oaths and affirmations, take evidence, and require the production of books, papers, or other documents that are relevant to the matter under investigation. The attendance of witnesses and the production of books, papers, or other documents may be required from any place in the United States or any territory, district, or possession thereof at any designated place of hearing. Witnesses summoned before the Secretary shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. "(b) Upon failure of any person to obey a subpoena issued by the Secretary, the Secretary may invoke the aid of any district court of the United States within the jurisdiction in which the person resides or carries on business in requiring the attendance and testimony of witnesses and the production of books, papers, or other documents. Any such court may issue an order requiring the person to appear before the Secretary, or an employee designated by the Secretary, there to produce books, papers, or other documents, if so ordered, or to give testimony relevant to the matter under investigation. A failure to obey an order of the court may be punished by the court as a contempt thereof. Process in 46 U.S.C. App. 815. 46 U.S.C. App. 820. Ante, p. 70. Ante, p. 80. Ante, p. 84. such a case may be served in the judicial district in which the person resides or may be found.”. SEC. 3. (a) The Shipping Act, 1916 (46 App. U.S.C. 801), is amended as follows: (1) The first section is amended (A) by striking the definitions "common carrier by water" and "common carrier by water in foreign commerce"; (B) in the definition "other person subject to this Act", by striking "common carrier by water" in two places and substituting "common carrier by water in interstate commerce"; and (C) in the definition "carrying on the business of forwarding", by striking "from the United States, its Territories, or possessions to foreign countries, or". (2) The initial paragraph of section 16 is amended by striking "transportation by water" and substituting "transportation by water in interstate commerce". (3) Section 21(b) is amended by striking the period following "subject to this Act" and substituting a comma. (b) The Shipping Act of 1984 (46 App. U.S.C. 1701), is amended as follows: (1) Section 5(a) is amended by striking "in section 4" and substituting "in section 4 (a) or (b)". (2) Section 11(g) is amended by striking "section 10(c) (1) or (4)" and substituting "section 10(c)(1) or (3)". (3) The last sentence of section 15 is amended to read as follows: "Whoever fails to file a certificate required by the Commission under this subsection is liable to the United States for a civil penalty of not more than $5,000 for each day the violation continues.". Approved October 30, 1984. LEGISLATIVE HISTORY-H.R. 5833: SENATE REPORT No. 98-652 (Comm. on Commerce, Science, and CONGRESSIONAL RECORD, Vol. 130 (1984): July 24, considered and passed House. Oct. 10, considered and passed Senate amended. Oct. 11, House concurred in Senate amendments. [Public Law 98-623-98th Congress] AN ACT To approve governing international fishery agreements with Iceland and the EEC; to establish national standards for artificial reefs; to implement the Convention on the Conservation of Antarctic Marine Living Resources; and for the other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Nov. 8, 1984 [H.R. 6342] TITLE II-ARTIFICIAL REEFS SEC. 201. SHORT TITLE. National Fishing Enhancement This title may be cited as the "National Fishing En- Act of 1984. hancement Act of 1984". SEC. 202. FINDINGS AND CONCLUSIONS. (a) FINDINGS.-The Congress finds that (1) although fishery products provide an important source of protein and industrial products for United States consumption, United States fishery production annually falls far short of satisfying United States demand; (2) overfishing and the degradation of vital fishery resource habitats have caused a reduction in the abundance and diversity of United States fishery resources; 33 U.S.C. 2101 note. 33 U.S.C. 2101. (3) escalated energy costs have had a negative Energy. (4) commercial and recreational fisheries are a (5) properly designed, constructed, and located artificial reefs in waters covered under this title can enhance the habitat and diversity of fishery resources; enhance United States recreational and commercial fishing opportunities; increase the production of fishery products in the United States; increase the energy efficiency of recreational and commercial fisheries; and contribute to the United States and coastal economies. (b) PURPOSE.-The purpose of this title is to promote and facilitate responsible and effective efforts to establish artificial reefs in waters covered under this title. SEC. 203. ESTABLISHMENT OF STANDARDS. 33 U.S.C. 2102. Based on the best scientific information available, artificial reefs in waters covered under this title shall be Water. Pollution. sited and constructed, and subsequently monitored and managed in a manner which will (1) enhance fishery resources to the maximum extent practicable; (2) facilitate access and utilization by United States recreational and commercial fishermen; (3) minimize conflicts among competing users of waters covered under this title and the resources in such waters; (4) minimize environmental risks and risks to personal health and property; and (5) be consistent with generally accepted principles of international law and shall not create any unreasonable obstruction to navigation. 33 U.S.C. 2103. SEC. 204. NATIONAL ARTIFICIAL REEF PLAN. Research and development. Taxes. Not later than one year after the date of enactment of this title, the Secretary of Commerce, in consultation with the Secretary of the Interior, the Secretary of Defense, the Administrator of the Environmental Protection Agency, the Secretary of the Department in which the Coast Guard is operating, the Regional Fishery Management Councils, interested States, Interstate Fishery Commissions, and representatives of the private sector, shall develop and publish a long-term plan which will meet the purpose of this title and be consistent with the standards established under section 203. The plan must include (1) geographic, hydrographic, geologic, biological, econological, social, economic, and other criteria for siting artificial reefs; (2) design, material, and other criteria for constructing artificial reefs; (3) mechanisms and methodologies for monitoring the compliance of artificial reefs with the requirements of permits issued under section 205; (4) mechanisms and methodologies for managing the use of artificial reefs; (5) a synopsis of existing information on artificial reefs and needs for further research on artificial reef technology and management strategies; and (6) an evaluation of alternatives for facilitating the transfer of artificial reef construction materials to persons holding permits issued pursuant to section 205, including, but not limited to, credits for environmental mitigation and modified tax obliga tions. 33 U.S.C. 2104. SEC. 205. PERMITS FOR THE CONSTRUCTION AND MANAGEMENT OF ARTIFICIAL REEFS. Pollution. (a) SECRETARIAL ACTION ON PERMITS.-In issuing a permit for artificial reefs under section 10 of the Rivers and Harbors Act of 1899, section 404 of the Federal |