12 2 STA T .47 7 0PUBLIC LA W 110 – 417 —O CT. 14 , 200 8personi n v o l ve d, s ha ll have t he sole responsi b ilit yf or deter -m inin g if a program is s u b j e c ttothere q uirements of this section .‘ ‘ (2)T he S ecretary — ‘‘( A ) shall conduct an annual revie w of the administra- tion of programs determined pursuant to paragraph ( 1 ) as subject to the requirements of this section
‘‘( B ) may direct agencies to require the transportation on U nited States-flagged vessels of cargo shipments not otherwise subject to this section in equivalent amounts to cargo determined to have been shipped on foreign car- riers in violation of this section; ‘‘( C ) may impose on any person that violates this sec- tion, or a regulation prescribed under this section, a civil penalty of not more than $ 2 5 , 0 00 for each violation willfully and k nowingly committed, with each day of a continuing violation following the date of shipment to be a separate violation; and ‘‘( D ) may take other measures as appropriate under the F ederal Acquisition R egulations issued pursuant to section 25(c)(1) of the O ffice of Federal P rocurement Policy Act ( 4 1 U.S.C. 421(c)(1) or contract with respect to each violation. ’ ’. (c) R EGULATIONS .—The Secretary of Transportation shall pre- scribe such rules as are necessary to carry out section 55 3 05(d) of title 4 6 , United States Code. The Secretary may prescribe interim rules necessary to carry out section 55305(d) of such title. An interim rule prescribed under this subsection shall remain in effect until superseded by a final rule. (d) C H ANGE O FY EA R .—Section 55314(a) of title 46, United States Code, is amended by striking ‘‘calendar’’ each place it appears and inserting ‘‘fiscal’’. SEC.3512 . PORT O FGUAMI MPRO V EME N T ENTERPRISE PROGRAM. (a) I N G ENERAL.—The Secretary of Transportation, acting through the Administrator of the M aritime Administration (in this section referred to as the ‘‘Administrator’’), may establish a Port of Guam Improvement E nterprise Program (in this section referred to as the ‘‘Program’’) to provide for the planning, design, and construction of projects for the Port of Guam to improve facilities, relieve port congestion, and provide greater access to port facilities. (b) AUTHORITIES OF THE A DM INISTRATOR.—In carrying out the Program, the Administrator may— (1) receive funds provided for the Program from Federal and non-Federal entities, including private entities; (2) provide for coordination among appropriate govern- mental agencies to e x pedite the review process under the N ational Environmental Policy Act of 1 9 69 (42 U.S.C. 4321 et seq.) for projects carried out under the Program; (3) provide for coordination among appropriate govern- mental agencies in connection with other reviews and require- ments applicable to projects carried out under the Program; and (4) provide technical assistance to the Port Authority of Guam (and its agents) as needed for projects carried out under the Program. (c) PORT OF GUAM IM P RO V EMENT ENTERPRISE FUND.— 48USC1 4 2 1 r. 4 6 USC 5 5 30 5 note . R e vi e w .
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