[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 802 Reported in Senate (RS)]

                                                       Calendar No. 828
110th CONGRESS
  2d Session
                                H. R. 802

                          [Report No. 110-394]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 27, 2007

                                Received

                             March 28, 2007

  Read twice and referred to the Committee on Commerce, Science, and 
                             Transportation

                             June 23, 2008

               Reported by Mr. Inouye, with an amendment
 [Strike all after the enacting clause and insert the part printed in 
                                italic]

_______________________________________________________________________

                                 AN ACT


 
 To amend the Act to Prevent Pollution from Ships to implement MARPOL 
                               Annex VI.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Maritime Pollution 
Prevention Act of 2007''.</DELETED>

<DELETED>SEC. 2. REFERENCES.</DELETED>

<DELETED>    Wherever in this Act an amendment or repeal is expressed 
in terms of an amendment to or a repeal of a section or other 
provision, the reference shall be considered to be made to a section or 
other provision of the Act to Prevent Pollution from Ships (33 U.S.C. 
1901 et seq.).</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    Section 2(a) (33 U.S.C. 1901(a)) is amended--</DELETED>
        <DELETED>    (1) by redesignating the paragraphs (1) through 
        (12) as paragraphs (2) through (13), respectively;</DELETED>
        <DELETED>    (2) by inserting before paragraph (2) (as so 
        redesignated) the following:</DELETED>
        <DELETED>    ``(1) `Administrator' means the Administrator of 
        the Environmental Protection Agency.'';</DELETED>
        <DELETED>    (3) in paragraph (5) (as so redesignated) by 
        striking ``and V'' and inserting ``V, and VI'';</DELETED>
        <DELETED>    (4) in paragraph (6) (as so redesignated) by 
        striking ```discharge' and `garbage' and `harmful substance' 
        and `incident''' and inserting ```discharge', `emission', 
        `garbage', `harmful substance', and `incident'''; and</DELETED>
        <DELETED>    (5) by redesignating paragraphs (7) through (13) 
        (as redesignated) as paragraphs (8) through (14), respectively, 
        and inserting after paragraph (6) (as redesignated) the 
        following:</DELETED>
        <DELETED>    ``(7) `navigable waters' includes the territorial 
        sea of the United States (as defined in Presidential 
        Proclamation 5928 of December 27, 1988) and the internal waters 
        of the United States;''.</DELETED>

<DELETED>SEC. 4. APPLICABILITY.</DELETED>

<DELETED>    Section 3 (33 U.S.C. 1902) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) by striking ``and'' at the end of 
                paragraph (3);</DELETED>
                <DELETED>    (B) by striking the period at the end of 
                paragraph (4) and inserting ``; and''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(5) with respect to Annex VI to the Convention, 
        and other than with respect to a ship referred to in paragraph 
        (1)--</DELETED>
                <DELETED>    ``(A) to a ship that is in a port, 
                shipyard, offshore terminal, or the internal waters of 
                the United States;</DELETED>
                <DELETED>    ``(B) to a ship that is bound for, or 
                departing from, a port, shipyard, offshore terminal, or 
                the internal waters of the United States, and is in--
                </DELETED>
                        <DELETED>    ``(i) the navigable waters of the 
                        United States;</DELETED>
                        <DELETED>    ``(ii) an emission control area 
                        designated pursuant to section 4; or</DELETED>
                        <DELETED>    ``(iii) any other area that the 
                        Administrator, in consultation with the 
                        Secretary and each State in which any part of 
                        the area is located, has designated by order as 
                        being an area from which emissions from ships 
                        are of concern with respect to protection of 
                        public health, welfare, or the 
                        environment;</DELETED>
                <DELETED>    ``(C) to a ship that is entitled to fly 
                the flag of, or operating under the authority of, a 
                party to Annex VI, and is in--</DELETED>
                        <DELETED>    ``(i) the navigable waters of the 
                        United States;</DELETED>
                        <DELETED>    ``(ii) an emission control area 
                        designated under section 4; or</DELETED>
                        <DELETED>    ``(iii) any other area that the 
                        Administrator, in consultation with the 
                        Secretary and each State in which any part of 
                        the area is located, has designated by order as 
                        being an area from which emissions from ships 
                        are of concern with respect to protection of 
                        public health, welfare, or the environment; 
                        and</DELETED>
                <DELETED>    ``(D) to the extent consistent with 
                international law, to any other ship that is in--
                </DELETED>
                        <DELETED>    ``(i) the exclusive economic zone 
                        of the United States;</DELETED>
                        <DELETED>    ``(ii) the navigable waters of the 
                        United States;</DELETED>
                        <DELETED>    ``(iii) an emission control area 
                        designated under section 4; or</DELETED>
                        <DELETED>    ``(iv) any other area that the 
                        Administrator, in consultation with the 
                        Secretary and each State in which any part of 
                        the area is located, has designated by order as 
                        being an area from which emissions from ships 
                        are of concern with respect to protection of 
                        public health, welfare, or the 
                        environment.'';</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (1) by striking 
                ``paragraph (2)'' and inserting ``paragraphs (2) and 
                (3)''; and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
<DELETED>    ``(3) With respect to Annex VI the Administrator, or the 
Secretary, as relevant to their authorities pursuant to this Act, may 
determine that some or all of the requirements under this Act shall 
apply to one or more classes of public vessels, except that such a 
determination by the Administrator shall have no effect unless the head 
of the Department or agency under which the vessels operate concurs in 
the determination. This paragraph does not apply during time of war or 
during a declared national emergency.'';</DELETED>
        <DELETED>    (3) by redesignating subsections (c) through (g) 
        as subsections (d) through (h), respectively, and inserting 
        after subsection (b) the following:</DELETED>
<DELETED>    ``(c) Application to Other Persons.--This Act shall apply 
to all persons to the extent necessary to ensure compliance with Annex 
VI to the Convention.''; and</DELETED>
        <DELETED>    (4) in subsection (e), as redesignated--</DELETED>
                <DELETED>    (A) by inserting ``or the Administrator, 
                consistent with section 4 of this Act,'' after 
                ``Secretary'';</DELETED>
                <DELETED>    (B) by striking ``of section (3)'' and 
                inserting ``of this section''; and</DELETED>
                <DELETED>    (C) by striking ``Protocol, including 
                regulations conforming to and giving effect to the 
                requirements of Annex V'' and inserting ``Protocol (or 
                the applicable Annex), including regulations conforming 
                to and giving effect to the requirements of Annex V and 
                Annex VI''.</DELETED>

<DELETED>SEC. 5. ADMINISTRATION AND ENFORCEMENT.</DELETED>

<DELETED>    Section 4 (33 U.S.C. 1903) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (b) and (c) as 
        subsections (c) and (d), respectively, and inserting after 
        subsection (a) the following:</DELETED>
<DELETED>    ``(b) Duty of the Administrator.--In addition to other 
duties specified in this Act, the Administrator and the Secretary, 
respectively, shall have the following duties and 
authorities:</DELETED>
        <DELETED>    ``(1) The Administrator shall, and no other person 
        may, issue Engine International Air Pollution Prevention 
        certificates in accordance with Annex VI and the International 
        Maritime Organization's Technical Code on Control of Emissions 
        of Nitrogen Oxides from Marine Diesel Engines, on behalf of the 
        United States for a vessel of the United States as that term is 
        defined in section 116 of title 46, United States Code. The 
        issuance of Engine International Air Pollution Prevention 
        certificates shall be consistent with any applicable 
        requirements of the Clean Air Act or regulations prescribed 
        under that Act.</DELETED>
        <DELETED>    ``(2) The Administrator shall have authority to 
        administer regulations 12, 13, 14, 15, 16, 17, 18, and 19 of 
        Annex VI to the Convention.</DELETED>
        <DELETED>    ``(3) The Administrator shall, only as specified 
        in section 8(f), have authority to enforce Annex VI of the 
        Convention.'';</DELETED>
        <DELETED>    (2) in subsection (c), as redesignated, by 
        redesignating paragraph (2) as paragraph (4), and inserting 
        after paragraph (1) the following:</DELETED>
<DELETED>    ``(2) In addition to the authority the Secretary has to 
prescribe regulations under this Act, the Administrator shall also 
prescribe any necessary or desired regulations to carry out the 
provisions of regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex 
VI to the Convention.</DELETED>
<DELETED>    ``(3) In prescribing any regulations under this section, 
the Secretary and the Administrator shall consult with each other, and 
with respect to regulation 19, with the Secretary of the Interior.''; 
and</DELETED>
        <DELETED>    (3) by adding at the end of subsection (c), as 
        redesignated, the following:</DELETED>
<DELETED>    ``(5) No standard issued by any person or Federal 
authority, with respect to emissions from tank vessels subject to 
regulation 15 of Annex VI to the Convention, shall be effective until 6 
months after the required notification to the International Maritime 
Organization by the Secretary.''.</DELETED>

<DELETED>SEC. 6. CERTIFICATES.</DELETED>

<DELETED>    Section 5 (33 U.S.C. 1904) is amended--</DELETED>
        <DELETED>    (1) in subsection (a) by striking ``The 
        Secretary'' and inserting ``Except as provided in section 
        4(b)(1), the Secretary'';</DELETED>
        <DELETED>    (2) in subsection (b) by striking ``Secretary 
        under the authority of the MARPOL protocol.'' and inserting 
        ``Secretary or the Administrator under the authority of this 
        Act.''; and</DELETED>
        <DELETED>    (3) in subsection (e) by striking ``environment.'' 
        and inserting ``environment or the public health and 
        welfare.''.</DELETED>

<DELETED>SEC. 7. RECEPTION FACILITIES.</DELETED>

<DELETED>    Section 6 (33 U.S.C. 1905) is amended--</DELETED>
        <DELETED>    (1) in subsection (a) by adding at the end the 
        following:</DELETED>
<DELETED>    ``(3) The Secretary and the Administrator, after 
consulting with appropriate Federal agencies, shall jointly prescribe 
regulations setting criteria for determining the adequacy of reception 
facilities for receiving ozone depleting substances, equipment 
containing such substances, and exhaust gas cleaning residues at a port 
or terminal, and stating any additional measures and requirements as 
are appropriate to ensure such adequacy. Persons in charge of ports and 
terminals shall provide reception facilities, or ensure that reception 
facilities are available, in accordance with those regulations. The 
Secretary and the Administrator may jointly prescribe regulations to 
certify, and may issue certificates to the effect, that a port's or 
terminal's facilities for receiving ozone depleting substances, 
equipment containing such substances, and exhaust gas cleaning residues 
from ships are adequate.'';</DELETED>
        <DELETED>    (2) in subsection (b) by inserting ``or the 
        Administrator'' after ``Secretary'';</DELETED>
        <DELETED>    (3) in subsection (e) by striking paragraph (2) 
        and inserting the following:</DELETED>
<DELETED>    ``(2) The Secretary may deny the entry of a ship to a port 
or terminal required by the MARPOL Protocol, this Act, or regulations 
prescribed under this section relating to the provision of adequate 
reception facilities for garbage, ozone depleting substances, equipment 
containing those substances, or exhaust gas cleaning residues, if the 
port or terminal is not in compliance with the MARPOL Protocol, this 
Act, or those regulations.'';</DELETED>
        <DELETED>    (4) in subsection (f)(1) by striking ``Secretary 
        is'' and inserting ``Secretary and the Administrator are''; 
        and</DELETED>
        <DELETED>    (5) in subsection (f)(2) by striking 
        ``(A)''.</DELETED>

<DELETED>SEC. 8. INSPECTIONS.</DELETED>

<DELETED>    Section 8(f) (33 U.S.C. 1907(f)) is amended to read as 
follows:</DELETED>
<DELETED>    ``(f)(1) The Secretary may inspect a ship to which this 
Act applies as provided under section 3(a)(5), to verify whether the 
ship is in compliance with Annex VI to the Convention and this 
Act.</DELETED>
<DELETED>    ``(2) If an inspection under this subsection or any other 
information indicates that a violation has occurred, the Secretary, or 
the Administrator in a matter referred by the Secretary, may undertake 
enforcement action under this section.</DELETED>
<DELETED>    ``(3) Notwithstanding subsection (b) and paragraph (2) of 
this subsection, the Administrator shall have all of the authorities of 
the Secretary, as specified in subsection (b) of this section, for the 
purposes of enforcing regulations 17 and 18 of Annex VI to the 
Convention to the extent that shoreside violations are the subject of 
the action and in any other matter referred to the Administrator by the 
Secretary.''.</DELETED>

<DELETED>SEC. 9. AMENDMENTS TO THE PROTOCOL.</DELETED>

<DELETED>    Section 10(b) (33 U.S.C. 1909(b)) is amended by inserting 
``or the Administrator as provided for in this Act,'' after 
``Secretary,''.</DELETED>

<DELETED>SEC. 10. PENALTIES.</DELETED>

<DELETED>    Section 9 (33 U.S.C. 1908) is amended--</DELETED>
        <DELETED>    (1) by striking ``Protocol,,'' each place it 
        appears and inserting ``Protocol,'';</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) by inserting ``, or the Administrator 
                as provided for in this Act'' after ``Secretary'' the 
                first place it appears;</DELETED>
                <DELETED>    (B) in paragraph (2), by inserting ``, or 
                the Administrator as provided for in this Act,'' after 
                ``Secretary''; and</DELETED>
                <DELETED>    (C) in the matter after paragraph (2)--
                </DELETED>
                        <DELETED>    (i) by inserting ``, or the 
                        Administrator as provided for in this Act'' 
                        after ``Secretary'' the first place it appears; 
                        and</DELETED>
                        <DELETED>    (ii) by inserting ``, or the 
                        Administrator as provided for in this Act,'' 
                        after ``Secretary'' the second and third places 
                        it appears;</DELETED>
        <DELETED>    (3) in subsection (c), by inserting ``, or the 
        Administrator as provided for in this Act,'' after 
        ``Secretary'' each place it appears; and</DELETED>
        <DELETED>    (4) in subsection (f), by inserting ``, or the 
        Administrator as provided for in this Act'' after ``Secretary'' 
        the first place appears.</DELETED>

<DELETED>SEC. 11. EFFECT ON OTHER LAWS.</DELETED>

<DELETED>    Section 15 (33 U.S.C. 1911) is amended to read as 
follows:</DELETED>

<DELETED>``SEC. 15. EFFECT ON OTHER LAWS.</DELETED>

<DELETED>    ``Authorities, requirements, and remedies of this Act 
supplement and neither amend nor repeal any other authorities, 
requirements, or remedies conferred by any other provision of law. 
Nothing in this Act shall limit, deny, amend, modify, or repeal any 
other authority, requirement, or remedy available to the United States 
or any other person, except as expressly provided in this 
Act.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Maritime Pollution Prevention Act of 
2008''.

SEC. 2. REFERENCES.

    Wherever in this Act an amendment or repeal is expressed in terms 
of an amendment to or a repeal of a section or other provision, the 
reference shall be considered to be made to a section or other 
provision of the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et 
seq.).

SEC. 3. DEFINITIONS.

    Section 2(a) (33 U.S.C. 1901(a)) is amended--
            (1) by redesignating the paragraphs (1) through (12) as 
        paragraphs (2) through (13), respectively;
            (2) by inserting before paragraph (2) (as so redesignated) 
        the following:
            ``(1) `Administrator' means the Administrator of the 
        Environmental Protection Agency;'';
            (3) in paragraph (5) (as so redesignated) by striking ``and 
        V'' and inserting ``V, and VI'';
            (4) in paragraph (6) (as so redesignated) by striking 
        ```discharge' and `garbage' and `harmful substance' and 
        `incident''' and inserting ```discharge', `emission', 
        `garbage', `harmful substance', and `incident'''; and
            (5) by redesignating paragraphs (7) through (13) (as 
        redesignated) as paragraphs (8) through (14), respectively, and 
        inserting after paragraph (6) (as redesignated) the following:
            ``(7) `navigable waters' includes the territorial sea of 
        the United States (as defined in Presidential Proclamation 5928 
        of December 27, 1988) and the internal waters of the United 
        States;''.

SEC. 4. APPLICABILITY.

    Section 3 (33 U.S.C. 1902) is amended--
            (1) in subsection (a)--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) with respect to Annex VI to the Convention, and other 
        than with respect to a ship referred to in paragraph (1)--
                    ``(A) to a ship that is in a port, shipyard, 
                offshore terminal, or the internal waters of the United 
                States;
                    ``(B) to a ship that is bound for, or departing 
                from, a port, shipyard, offshore terminal, or the 
                internal waters of the United States, and is in--
                            ``(i) the navigable waters or the exclusive 
                        economic zone of the United States;
                            ``(ii) an emission control area designated 
                        pursuant to section 4; or
                            ``(iii) any other area that the 
                        Administrator, in consultation with the 
                        Secretary and each State in which any part of 
                        the area is located, has designated by order as 
                        being an area from which emissions from ships 
                        are of concern with respect to protection of 
                        public health, welfare, or the environment;
                    ``(C) to a ship that is entitled to fly the flag 
                of, or operating under the authority of, a party to 
                Annex VI, and is in--
                            ``(i) the navigable waters or the exclusive 
                        economic zone of the United States;
                            ``(ii) an emission control area designated 
                        under section 4; or
                            ``(iii) any other area that the 
                        Administrator, in consultation with the 
                        Secretary and each State in which any part of 
                        the area is located, has designated by order as 
                        being an area from which emissions from ships 
                        are of concern with respect to protection of 
                        public health, welfare, or the environment; and
                    ``(D) to any other ship, to the extent that, and in 
                the same manner as, such ship may be boarded by the 
                Secretary to implement or enforce any other law of the 
                United States or Annex I, II, or V of the Convention, 
                and is in--
                            ``(i) the exclusive economic zone of the 
                        United States;
                            ``(ii) the navigable waters of the United 
                        States;
                            ``(iii) an emission control area designated 
                        under section 4; or
                            ``(iv) any other area that the 
                        Administrator, in consultation with the 
                        Secretary and each State in which any part of 
                        the area is located, has designated by order as 
                        being an area from which emissions from ships 
                        are of concern with respect to protection of 
                        public health, welfare, or the environment.'';
            (2) in subsection (b)--
                    (A) in paragraph (1) by striking ``paragraph (2),'' 
                and inserting ``paragraphs (2) and (3),''; and
                    (B) by adding at the end the following:
    ``(3) With respect to Annex VI the Administrator, or the Secretary, 
as relevant to their authorities pursuant to this Act, may determine 
that some or all of the requirements under this Act shall apply to one 
or more classes of public vessels, except that such a determination by 
the Administrator shall have no effect unless the head of the 
Department or agency under which the vessels operate concurs in the 
determination. This paragraph does not apply during time of war or 
during a declared national emergency.'';
            (3) by redesignating subsections (c) through (g) as 
        subsections (d) through (h), respectively, and inserting after 
        subsection (b) the following:
    ``(c) Application to Other Persons.--This Act shall apply to all 
persons to the extent necessary to ensure compliance with Annex VI to 
the Convention.'';
            (4) in subsection (e), as redesignated--
                    (A) by inserting ``or the Administrator, consistent 
                with section 4 of this Act,'' after ``Secretary'';
                    (B) by striking ``of section (3),'' and inserting 
                ``of this section,''; and
                    (C) by striking ``Protocol, including regulations 
                conforming to and giving effect to the requirements of 
                Annex V'' and inserting ``Protocol (or the applicable 
                Annex), including regulations conforming to and giving 
                effect to the requirements of Annex V and Annex VI''; 
                and
            (5) by adding at the end thereof the following:
    ``(i) Savings Clause.--Nothing in this section shall be construed 
to restrict in a manner inconsistent with international law 
navigational rights and freedoms as defined by United States law, 
treaty, convention, or customary international law.''.

SEC. 5. ADMINISTRATION AND ENFORCEMENT.

    Section 4 (33 U.S.C. 1903) is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively, and inserting after subsection (a) 
        the following:
    ``(b) Duty of the Administrator.--In addition to other duties 
specified in this Act, the Administrator and the Secretary, 
respectively, shall have the following duties and authorities:
            ``(1) The Administrator shall, and no other person may, 
        issue Engine International Air Pollution Prevention 
        certificates in accordance with Annex VI and the International 
        Maritime Organization's Technical Code on Control of Emissions 
        of Nitrogen Oxides from Marine Diesel Engines, on behalf of the 
        United States for a vessel of the United States as that term is 
        defined in section 116 of title 46, United States Code. The 
        issuance of Engine International Air Pollution Prevention 
        certificates shall be consistent with any applicable 
        requirements of the Clean Air Act or regulations prescribed 
        under that Act.
            ``(2) The Administrator shall have authority to administer 
        regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI to 
        the Convention.
            ``(3) The Administrator shall, only as specified in section 
        8(f), have authority to enforce Annex VI of the Convention.'';
            (2) in subsection (c), as redesignated, by redesignating 
        paragraph (2) as paragraph (4), and inserting after paragraph 
        (1) the following:
    ``(2) In addition to the authority the Secretary has to prescribe 
regulations under this Act, the Administrator shall also prescribe any 
necessary or desired regulations to carry out the provisions of 
regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI to the 
Convention.
    ``(3) In prescribing any regulations under this section, the 
Secretary and the Administrator shall consult with each other, and with 
respect to regulation 19, with the Secretary of the Interior.''; and
            (3) by adding at the end of subsection (c), as 
        redesignated, the following:
    ``(5) No standard issued by any person or Federal authority, with 
respect to emissions from tank vessels subject to regulation 15 of 
Annex VI to the Convention, shall be effective until 6 months after the 
required notification to the International Maritime Organization by the 
Secretary.''.

SEC. 6. CERTIFICATES.

    Section 5 (33 U.S.C. 1904) is amended--
            (1) in subsection (a) by striking ``The Secretary'' and 
        inserting ``Except as provided in section 4(b)(1), the 
        Secretary'';
            (2) in subsection (b) by striking ``Secretary under the 
        authority of the MARPOL protocol.'' and inserting ``Secretary 
        or the Administrator under the authority of this Act.''; and
            (3) in subsection (e) by striking ``environment.'' and 
        inserting ``environment or the public health and welfare.''.

SEC. 7. RECEPTION FACILITIES.

    Section 6 (33 U.S.C. 1905) is amended--
            (1) in subsection (a) by adding at the end the following:
    ``(3) The Secretary and the Administrator, after consulting with 
appropriate Federal agencies, shall jointly prescribe regulations 
setting criteria for determining the adequacy of reception facilities 
for receiving ozone depleting substances, equipment containing such 
substances, and exhaust gas cleaning residues at a port or terminal, 
and stating any additional measures and requirements as are appropriate 
to ensure such adequacy. Persons in charge of ports and terminals shall 
provide reception facilities, or ensure that reception facilities are 
available, in accordance with those regulations. The Secretary and the 
Administrator may jointly prescribe regulations to certify, and may 
issue certificates to the effect, that a port's or terminal's 
facilities for receiving ozone depleting substances, equipment 
containing such substances, and exhaust gas cleaning residues from 
ships are adequate.'';
            (2) in subsection (b) by inserting ``or the Administrator'' 
        after ``Secretary'';
            (3) in subsection (e) by striking paragraph (2) and 
        inserting the following:
    ``(2) The Secretary may deny the entry of a ship to a port or 
terminal required by the MARPOL Protocol, this Act, or regulations 
prescribed under this section relating to the provision of adequate 
reception facilities for garbage, ozone depleting substances, equipment 
containing those substances, or exhaust gas cleaning residues, if the 
port or terminal is not in compliance with the MARPOL Protocol, this 
Act, or those regulations.'';
            (4) in subsection (f)(1) by striking ``Secretary is'' and 
        inserting ``Secretary and the Administrator are''; and
            (5) in subsection (f)(2) by striking ``(A)''.

SEC. 8. INSPECTIONS.

    Section 8(f) (33 U.S.C. 1907(f)) is amended to read as follows:
    ``(f)(1) The Secretary may inspect a ship to which this Act applies 
as provided under section 3(a)(5), to verify whether the ship is in 
compliance with Annex VI to the Convention and this Act.
    ``(2) If an inspection under this subsection or any other 
information indicates that a violation has occurred, the Secretary, or 
the Administrator in a matter referred by the Secretary, may undertake 
enforcement action under this section.
    ``(3) Notwithstanding subsection (b) and paragraph (2) of this 
subsection, the Administrator shall have all of the authorities of the 
Secretary, as specified in subsection (b) of this section, for the 
purposes of enforcing regulations 17 and 18 of Annex VI to the 
Convention to the extent that shoreside violations are the subject of 
the action and in any other matter referred to the Administrator by the 
Secretary.''.

SEC. 9. AMENDMENTS TO THE PROTOCOL.

    Section 10(b) (33 U.S.C. 1909(b)) is amended--
            (1) by striking ``Annex I, II, or V'' and inserting ``Annex 
        I, II, V, or VI''; and
            (2) by inserting ``or the Administrator as provided for in 
        this Act,'' after ``Secretary,''.

SEC. 10. PENALTIES.

    Section 9 (33 U.S.C. 1908) is amended--
            (1) by striking ``Protocol,,'' each place it appears and 
        inserting ``Protocol,'';
            (2) in subsection (b)--
                    (A) by inserting ``or the Administrator as provided 
                for in this Act,'' after ``Secretary,'' the first place 
                it appears;
                    (B) in paragraph (2), by inserting ``, or the 
                Administrator as provided for in this Act,'' after 
                ``Secretary''; and
                    (C) in the matter after paragraph (2)--
                            (i) by inserting ``or the Administrator as 
                        provided for in this Act'' after ``Secretary,'' 
                        the first place it appears; and
                            (ii) by inserting ``, or the Administrator 
                        as provided for in this Act,'' after 
                        ``Secretary'' the second and third places it 
                        appears;
            (3) in subsection (c), by inserting ``, or the 
        Administrator as provided for in this Act,'' after 
        ``Secretary'' each place it appears; and
            (4) in subsection (f), by inserting ``or the Administrator 
        as provided for in this Act'' after ``Secretary,'' the first 
        place appears.

SEC. 11. EFFECT ON OTHER LAWS.

    Section 15 (33 U.S.C. 1911) is amended to read as follows:

``SEC. 15. EFFECT ON OTHER LAWS.

    ``Authorities, requirements, and remedies of this Act supplement 
and neither amend nor repeal any other authorities, requirements, or 
remedies conferred by any other provision of law. Nothing in this Act 
shall limit, deny, amend, modify, or repeal any other authority, 
requirement, or remedy available to the United States or any other 
person, except as expressly provided in this Act.''.

SEC. 12. LEGAL ACTIONS.

    Section 11 (33 U.S.C. 1910) is amended--
            (1) by redesignating paragraph (3) of subsection (a) as 
        paragraph (4), and inserting after paragraph (2) the following:
            ``(3) against the Administrator where there is alleged a 
        failure of the Administrator to perform any act or duty under 
        this Act which is not discretionary; or'';
            (2) by striking ``concerned,'' in subsection (b)(1) and 
        inserting ``concerned or the Administrator,''; and
            (3) by inserting ``or the Administrator'' after 
        ``Secretary'' in subsection (b)(2).
                                                       Calendar No. 828

110th CONGRESS

  2d Session

                               H. R. 802

                          [Report No. 110-394]

_______________________________________________________________________

                                 AN ACT

 To amend the Act to Prevent Pollution from Ships to implement MARPOL 
                               Annex VI.

_______________________________________________________________________

                             June 23, 2008

                       Reported with an amendment