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[Senate Report 110-394]
[From the U.S. Government Publishing Office]

110th Congress 
 2d Session                      SENATE                          Report
                                                                110-394
_______________________________________________________________________

                                     

                                                       Calendar No. 828

             THE MARITIME POLLUTION PREVENTION ACT OF 2008

                               __________

                              R E P O R T

                                 of the

                  COMMITTEE ON COMMERCE, SCIENCE, AND

                             TRANSPORTATION

                                   on

                                H.R. 802

                                     

                 June 23, 2008.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred tenth congress
                             second session

                   DANIEL K. INOUYE, Hawaii, Chairman
                   TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West         JOHN McCAIN, Arizona
    Virginia                         KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota        GORDON H. SMITH, Oregon
BARBARA BOXER, California            JOHN ENSIGN, Nevada
BILL NELSON, Florida                 JOHN E. SUNUNU, New Hampshire
MARIA CANTWELL, Washington           JIM DeMINT, South Carolina
FRANK R. LAUTENBERG, New Jersey      DAVID VITTER, Louisiana
MARK PRYOR, Arkansas                 JOHN THUNE, South Dakota
THOMAS CARPER, Delaware              ROGER F. WICKER, Mississippi
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
          Margaret Cummisky, Staff Director and Chief Counsel
         Lila Helms, Deputy Staff Director and Policy Director
       Jean Toal Eisen, Senior Advisor and Deputy Policy Director
     Christine Kurth, Republican Staff Director and General Counsel
                Paul J. Nagle, Republican Chief Counsel
             Mimi Braniff, Republican Deputy Chief Counsel

                                                       Calendar No. 828
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-394

======================================================================

 
             THE MARITIME POLLUTION PREVENTION ACT OF 2008

                                _______
                                

                 June 23, 2008.--Ordered to be printed

                                _______
                                

       Mr. Inouye, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                        [To accompany H.R. 802]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (H.R. 802) to amend the Act to 
Prevent Pollution from Ships to implement MARPOL Annex VI, 
having considered the same, reports favorably thereon with an 
amendment (in the nature of a substitute) and recommends that 
the bill (as amended) do pass.

                          Purpose of the Bill

  H.R. 802, the Maritime Pollution Prevention Act of 2008, 
would implement vessel emission standards that were agreed to 
under Annex VI to the MARPOL Convention for the purposes of 
United States law.

                          Background and Needs

  In 1997, the International Maritime Organization adopted 
Annex VI to the MARPOL Convention which established 
international regulations setting limits on sulfur oxide 
(SOX) and nitrogen oxide (NOX) emissions 
from ship exhausts and prohibits deliberate emissions of ozone 
depleting substances. In April 2006, the Senate acceded to the 
treaty by unanimous consent. Annex VI entered into force 
internationally on May 19, 2006.
  Under the Act to Prevent Pollution from Ships, the U.S. Coast 
Guard currently enforces Annexes I (oil), II (noxious liquid), 
and V (garbage) to the MARPOL Convention on U.S.-flag and 
foreign-flag vessels operating in the navigable waters of the 
United States. The Coast Guard also enforces regulations that 
require ports and terminals to provide adequate access to trash 
receptacle facilities. Any violations of these regulations 
found by the Coast Guard may result in administrative, civil, 
or criminal actions.

                         Summary of Provisions

  H.R. 802, the Maritime Pollution and Prevention Act of 2008, 
would require the Coast Guard and the EPA to prescribe 
regulations to implement vessel air emission standards and 
requirements that are outlined under Annex VI to the MARPOL 
Convention. The Convention applies to marine diesel engines 
rated above 130 kilowatts (175 horsepower) that are purchased 
or modified after January 1, 2000. In October, 1999, the EPA 
established a voluntary certification program for engine 
manufacturers to show that they have compliant engines. The EPA 
believes that all marine diesel engines above 130 kilowatts 
sold in the United States since January 1, 2000, meet the 
requirements of MARPOL Annex VI.
  The bill would require the EPA, in consultation with the 
Coast Guard, to promulgate regulations to establish standards 
for NOx, SOx, and volatile organic 
compounds and qualify standards for vessel fuel oil. H.R. 802 
would not transfer any Coast Guard authorities under current 
law regarding the promulgation, administration, or enforcement 
of regulations regarding vessel requirements under MARPOL 
Annexes I, II, and V, Annex IV to the Antarctic Protocol, or 
the Act to Prevent Pollution from Ships.

                          Legislative History

  The Administration transmitted its MARPOL Annex VI bill to 
the Senate and House of Representatives on October 6, 2005. 
H.R. 802, the Maritime Pollution Prevention Act of 2007 was 
introduced by Representatives Oberstar and Cummings on February 
5, 2007. On February 7, 2007, the House Committee on 
Transportation and Infrastructure ordered H.R. 802 reported 
favorably to the House by voice vote. The bill was passed by 
the House of Representatives on March 26, 2007, by a vote of 
359-48.
  The Senate Committee on Commerce, Science, and Transportation 
considered H.R. 802 at its Executive Session held on April 24, 
2008, where the bill was reported favorably by the Committee 
with an amendment in the nature of a substitute.
  Staff assigned to this legislation are Amanda Hallberg, 
Democratic Professional Staff, and Todd Bertoson, Republican 
Senior Counsel.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                                      May 14, 2008.
Hon. Daniel K. Inouye,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 802, the Maritime 
Pollution Prevention Act of 2008.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis and Susanne Mehlman.
            Sincerely,
                                                    Peter R. Orszag
    Enclosure.

H.R. 802--Maritime Pollution Prevention Act of 2008

    H.R. 802 would implement the Protocol of 1997 to the 
International Convention for the Prevention of Pollution from 
Ships, 1973 (MARPOL). Based on information provided by the U.S. 
Coast Guard (USCG) and the Environmental Protection Agency 
(EPA), CBO estimates that implementing H.R. 802 would cost 
about $4 million over the next five years, subject to the 
availability of appropriated funds. Enacting the legislation 
would not affect direct spending or revenues.
    Under H.R. 802, EPA and the USCG would establish 
regulations to implement MARPOL Annex VI, which addresses air 
pollution from ships. Both EPA and the USCG would be authorized 
to enforce those regulations, which would affect pollution from 
marine fuels. CBO estimates that developing new regulations 
would cost EPA $2 million over the next three years and that 
ongoing enforcement activities would cost $1 million annually 
thereafter. We estimate that implementing the legislation would 
have no significant effect on the Coast Guard's operating 
budget because that agency already has enforcement 
responsibilities under MARPOL that would probably not change 
significantly.
    CBO has not reviewed H.R. 802 for the presence of 
intergovernmental or private-sector mandates. Section 4 of the 
Unfunded Mandates Reform Act excludes from the application of 
that act any legislative provisions that are necessary for the 
ratification or implementation of international treaty 
obligations. CBO has determined that the legislation falls 
within that exclusion because it would implement Annex VI of 
the MARPOL Convention.
    On February 12, 2007, CBO transmitted a cost estimate for 
H.R. 802 as ordered reported by the House Committee on 
Transportation and Infrastructure on February 7, 2007. The two 
versions of the legislation are very similar, and the CBO cost 
estimates are the same.
    The CBO staff contacts for this estimate are Deborah Reis 
and Susanne Mehlman. The estimate was approved by Peter H. 
Fontaine, Assistant Director for Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

    H.R. 802, as reported by the Committee, would require the 
Coast Guard and the EPA to prescribe regulations to implement 
vessel air emission standards and requirements outlined under 
Annex VI to the MARPOL Convention. Given that the EPA estimates 
that all marine diesel engines above 130 kilowatts sold in the 
United States since January 1, 2000, meet the requirements of 
MARPOL Annex VI, the regulatory impact would be minimal.

                            ECONOMIC IMPACT

    H.R. 802 would expand the Coast Guard's authority to 
enforce vessel air emission standards and would have a positive 
impact on the U.S. economy by improving the atmospheric 
conditions at U.S. ports and in the U.S. exclusive economic 
zone (EEZ).

                                PRIVACY

    This bill would have little, if any, impact on the personal 
privacy of U.S. citizens.

                               PAPERWORK

    The reported bill would not increase paperwork requirements 
for the private sector. The Coast Guard and the EPA would be 
required to prescribe regulations to implement vessel air 
emission standards and requirements, which may increase their 
paperwork requirements.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis

Section 1. Short title

    Section 1 would title this Act as the Maritime Pollution 
Prevention Act of 2008.

Section 2. References

  Section 2 would clarify that any repeal or amendment to a 
section or other provision refers to the Act to Prevent 
Pollution from Ships (33 U.S.C. 1901 et seq.).

Section 3. Definitions

    Section 3 would add a definition of `Administrator' to the 
Act and would make several conforming changes to existing law 
to reflect the adoption of MARPOL Annex VI.

Section 4. Applicability

    Section 4 would establish the category of vessels to which 
MARPOL Annex VI would apply. Under this section, U.S. vessels 
and foreign vessels operating in the U.S. territorial sea, in 
emission control areas, and in areas designated by the EPA 
Administrator, in consultation with the Secretary of the 
Department in which the Coast Guard is operating, would be 
required to comply with vessel air emission regulations that 
are issued by the Coast Guard and EPA. This section would give 
the Coast Guard the authority to enforce Annex VI to party and 
non-party vessels in the U.S. EEZ in exactly the same manner as 
the other marine-related Annexes apply to non-party vessels. In 
addition, this section would include a savings clause to 
further ensure that the authority to enforce Annex VI would not 
restrict the freedom of navigation in a country's EEZ, the 
right of passage through the territorial sea, or the right of 
transit passage through straits used for international 
navigation. This section would authorize, but not require, 
heads of each Federal department or agency to determine whether 
some or all of the requirements regarding vessel air emissions 
should apply for public vessels operated under that department 
or agency's authority.
    Under Annex VI to the MARPOL Convention, signatory nations 
are only required to apply vessel air emission standards 
regarding NOX to vessels with marine engines rated 
above 130 kilowatts, or 175 horsepower. The Committee does not 
intend to apply standards under Annex VI to the MARPOL 
Convention to any vessel equipped with an engine below this 
threshold.

Section 5. Administration and enforcement

    Section 5 would require the Secretary of the Department in 
which the Coast Guard is operating and the Administrator of the 
EPA to prescribe regulations to carry out Annex VI to the 
MARPOL Convention. In accordance with Annex VI, this section 
would prohibit any standard regarding the emission of volatile 
organic compounds from vessels from taking effect until six 
months after the International Maritime Organization has been 
notified that such standards have been established. In 
addition, section 5 would prohibit any person other than the 
EPA Administrator from issuing an Engine International Air 
Pollution Prevention Certificate on behalf of the United States 
for U.S.-flagged vessels and would require that such 
certificates are issued consistently with regulations and 
requirements under the Clean Air Act.

Section 6. Certificates

    Section 6 would require that each vessel greater than 400 
gross tons and each offshore terminal be issued an 
International Air Pollution Prevention Certificate to certify 
that the equipment in the vessel is in compliance with all 
applicable requirements under MARPOL Annex VI and an Engine 
International Air Pollution Prevention Certificate to certify 
that each engine or engine group is in compliance with NOx 
standards under Regulation 13 of Annex VI to the Convention. 
This section also includes language that would recognize, for 
the purposes of compliance under U.S. law, a certificate issued 
by another nation that is party to the MARPOL protocol.

Section 7. Reception facilities

    Section 7 would require the Secretary of the Department in 
which the Coast Guard is operating or the EPA Administrator to 
prescribe regulations that require ports and terminals to 
provide or ensure the availability of adequate reception 
facilities for ozone depleting substances, equipment containing 
such substances, and exhaust cleaning residues. This section 
also would authorize the Coast Guard to deny a vessel entry 
into a port or terminal that, in the Coast Guard's 
determination, is not in compliance with such regulations.

Section 8. Inspections

    Section 8 would authorize the Coast Guard to carry out 
inspections to verify that vessels are in compliance with 
requirements under MARPOL Annex VI and to carry out enforcement 
actions for violations of such requirements and regulations.

Section 9. Amendments to the protocol

    Section 9 would make a conforming change to current law to 
reflect the adoption of MARPOL Annex VI.

Section 10. Penalties

    Section 10 would authorize the Administrator of the EPA, in 
addition to the Coast Guard, to assess civil penalties for 
violations of Annex VI.

Section 11. Effect on other law

    Section 11 would clarify that authorities, requirements, 
and remedies provided under the Act to Prevent Pollution from 
Ships do not amend or repeal any authorities, requirements, or 
remedies provided under any other provision of law, including 
the Clean Air Act of 1990, and the rights of States under that 
Act.

Section 12. Legal actions

    Section 12 would extend the legal actions language to 
ensure that both the Coast Guard and the EPA are subject to 
citizen suits under the Act to Prevent Pollution from Ships.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

                  ACT TO PREVENT POLLUTION FROM SHIPS

SEC. 2. DEFINITIONS.

                            [33 U.S.C. 1901]

  (a) Unless the context indicates otherwise, as used in this 
Act--
          (1) ``Administrator'' means the Administrator of the 
        Environmental Protection Agency.
          [(1)] (2) ``Antarctica'' means the area south of 60 
        degrees south latitude;
          [(2)] (3) ``Antarctic Protocol'' means the Protocol 
        on Environmental Protection to the Antarctic Treaty, 
        signed October 4, 1991, in Madrid, and all annexes 
        thereto, and includes any future amendments thereto 
        which have entered into force;
          [(3)] (4) ``MARPOL Protocol'' means the Protocol of 
        1978 relating to the International Convention for the 
        Prevention of Pollution from Ships, 1973, and includes 
        the Convention;
          [(4)] (5) ``Convention'' means the International 
        Convention for the Prevention of Pollution from Ships, 
        1973, including Protocols I and II and Annexes I, II, 
        [and V] V, and VI thereto, including any modification 
        or amendments to the Convention, Protocols, or Annexes 
        which have entered into force for the United States;
          [(5)] (6) [``discharge'' and ``garbage'' and 
        ``harmful substance'' and ``incident''] ``discharge'', 
        ``emission'', ``garbage'', ``harmful substance'', and 
        ``incident'' shall have the meanings provided in the 
        Convention;
          (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;
          [(6)] (8) ``owner'' means any person holding title 
        to, or in the absence of title, any other indicia of 
        ownership of, a ship or terminal, but does not include 
        a person who, without participating in the management 
        or operation of a ship or terminal, holds indicia of 
        ownership primarily to protect a security interest in 
        the ship or terminal;
          [(7)] (9) ``operator'' means--
                  (A) in the case of a ship, a charterer by 
                demise or any other person, except the owner, 
                who is responsible for the operation, manning, 
                victualing, and supplying of the vessel, or
                  (B) in the case of a terminal, any person, 
                except the owner, responsible for the operation 
                of the terminal by agreement with the owner;
          [(8)] (10) ``person'' means an individual, firm, 
        public or private corporation, partnership, 
        association, State, municipality, commission, political 
        subdivision of a State, or any interstate body;
          [(9)] (11) ``Secretary'' means the Secretary of the 
        department in which the Coast Guard is operating;
          [(10)] (12) ``ship'' means a vessel of any type 
        whatsoever, including hydrofoils, air-cushion vehicles, 
        submersibles, floating craft whether self-propelled or 
        not, and fixed or floating platforms;
          [(11)] (13) ``submersible'' means a submarine, or any 
        other vessel designed to operate under water; and
          [(12)] (14) ``terminal'' means an onshore facility or 
        an offshore structure located in the navigable waters 
        of the United States or subject to the jurisdiction of 
        the United States and used, or intended to be used, as 
        a port or facility for the transfer or other handling 
        of a harmful substance.
  (b) For purposes of this Act, the requirements of Annex V 
shall apply to the navigable waters of the United States, as 
well as to all other waters and vessels over which the United 
States has jurisdiction.
  (c) For the purposes of this Act, the requirements of Annex 
IV to the Antarctic Protocol shall apply in Antarctica to all 
vessels over which the United States has jurisdiction.

SEC. 3. SHIPS SUBJECT TO PREVENTIVE MEASURES.

                            [33 U.S.C. 1902]

  (a) Included Vessels.--This Act shall apply--
          (1) to a ship of United States registry or 
        nationality, or one operated under the authority of the 
        United States, wherever located;
          (2) with respect to Annexes I and II to the 
        Convention, to a ship, other than a ship referred to in 
        paragraph (1), while in the navigable waters of the 
        United States;
          (3) with respect to the requirements of Annex V to 
        the Convention, to a ship, other than a ship referred 
        to in paragraph (1), while in the navigable waters or 
        the exclusive economic zone of the United States; [and]
          (4) with respect to regulations prescribed under 
        section 6 of this Act [33 USCS 1905]Sec. any port or 
        terminal in the United States[.] ; and
          (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 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 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 the extent consistent with 
                international law, to any other ship that 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.
  (b) Excluded Vessels.--
          (1) Except as provided in [paragraph (2)] paragraphs 
        (2) and (3), this Act shall not apply to--
                  (A) a warship, naval auxiliary, or other ship 
                owned or operated by the United States when 
                engaged in noncommercial service; or
                  (B) any other ship specifically excluded by 
                the MARPOL Protocol or the Antarctic Protocol.
          (2)(A) Notwithstanding any provision of the MARPOL 
        Protocol, and subject to subparagraph (B) of this 
        paragraph, the requirements of Annex V to the 
        Convention shall apply as follows:
                          (i) After December 31, 1993, to all 
                        ships referred to in paragraph (1)(A) 
                        of this subsection other than those 
                        owned or operated by the Department of 
                        the Navy.
                          (ii) Except as provided in subsection 
                        (c) of this section, after December 31, 
                        1998, to all ships referred to in 
                        paragraph (1)(A) of this subsection 
                        other than submersibles owned or 
                        operated by the Department of the Navy.
                          (iii) Except as provided in 
                        subsection (c) of this section, after 
                        December 31, 2008, to all ships 
                        referred to in paragraph (1)(A) of this 
                        subsection.
                  (B) This paragraph shall not apply during 
                time of war or a declared national emergency.
          (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.
  (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.
  [(c)] (d) Discharges in Special Areas.--
          (1) Except as provided in paragraphs (2) and (3), not 
        later than December 31, 2000, all surface ships owned 
        or operated by the Department of the Navy, and not 
        later than December 31, 2008, all submersibles owned or 
        operated by the Department of the Navy, shall comply 
        with the special area requirements of Regulation 5 of 
        Annex V to the Convention.
          (2)(A) Subject to subparagraph (B), any ship 
        described in subparagraph (C) may discharge, without 
        regard to the special area requirements of Regulation 5 
        of Annex V to the Convention, the following non-
        plastic, non-floating garbage:
                  (i) A slurry of seawater, paper, cardboard, 
                or food waste that is capable of passing 
                through a screen with openings no larger than 
                12 millimeters in diameter.
                  (ii) Metal and glass that have been shredded 
                and bagged so as to ensure negative buoyancy.
                  (iii) With regard to a submersible, 
                nonplastic garbage that has been compacted and 
                weighted to ensure negative buoyancy.
          (B)(i) Garbage described in subparagraph (A)(i) may 
        not be discharged within 3 nautical miles of land.
          (ii) Garbage described in clauses (ii) and (iii) of 
        subparagraph (A) may not be discharged within 12 
        nautical miles of land.
          (C) This paragraph applies to any ship that is owned 
        or operated by the Department of the Navy that, as 
        determined by the Secretary of the Navy--
                  (i) has unique military design, construction, 
                manning, or operating requirements; and
                  (ii) cannot fully comply with the special 
                area requirements of Regulation 5 of Annex V to 
                the Convention because compliance is not 
                technologically feasible or would impair the 
                operations or operational capability of the 
                ship.
          (3)(A) Not later than December 31, 2000, the 
        Secretary of the Navy shall prescribe and publish in 
        the Federal Register standards to ensure that each ship 
        described in subparagraph (B) is, to the maximum extent 
        practicable without impairing the operations or 
        operational capabilities of the ship, operated in a 
        manner that is consistent with the special area 
        requirements of Regulation 5 of Annex V to the 
        Convention.
          (B) Subparagraph (A) applies to surface ships that 
        are owned or operated by the Department of the Navy 
        that the Secretary plans to decommission during the 
        period beginning on January 1, 2001, and ending on 
        December 31, 2005.
          (C) At the same time that the Secretary publishes 
        standards under subparagraph (A), the Secretary shall 
        publish in the Federal Register a list of the ships 
        covered by subparagraph (B).
  [(d)] (e) Regulations.--The Secretary or the Administrator, 
consistent with section 4 of this Act, shall prescribe 
regulations applicable to the ships of a country not a party to 
the MARPOL [Protocol, including regulations conforming to and 
giving effect to the requirements of Annex V] Protocol (or the 
applicable Annex), including regulations conforming to and 
giving effect to the requirements of Annex V and Annex VI as 
they apply under subsection (a) [of section 3] of this section, 
to ensure that their treatment is not more favorable than that 
accorded ships to parties to the MARPOL Protocol.
  [(e)] (f) Compliance by Excluded Vessels.--
          (1) The Secretary of the Navy shall develop and, as 
        appropriate, support the development of technologies 
        and practices for solid waste management aboard ships 
        owned or operated by the Department of the Navy, 
        including technologies and practices for the reduction 
        of the waste stream generated aboard such ships, that 
        are necessary to ensure the compliance of such ships 
        with Annex V to the Convention on or before the dates 
        referred to in subsections (b)(2)(A) and (c)(1) of this 
        section.
          (2) Notwithstanding any effective date of the 
        application of this section to a ship, the provisions 
        of Annex V to the Convention with respect to the 
        disposal of plastic shall apply to ships equipped with 
        plastic processors required for the long-term 
        collection and storage of plastic aboard ships of the 
        Navy upon the installation of such processors in such 
        ships.
          (3) Except when necessary for the purpose of securing 
        the safety of the ship, the health of the ship's 
        personnel, or saving life at sea, it shall be a 
        violation of this Act for a ship referred to in 
        subsection (b)(1)(A) of this section that is owned or 
        operated by the Department of the Navy:
                  (A) With regard to a submersible, to 
                discharge buoyant garbage or plastic.
                  (B) With regard to a surface ship, to 
                discharge plastic contaminated by food during 
                the last 3 days before the ship enters port.
                  (C) With regard to a surface ship, to 
                discharge plastic, except plastic that is 
                contaminated by food, during the last 20 days 
                before the ship enters port.
          (4) The Secretary of Defense shall publish in the 
        Federal Register:
                  (A) Each year, the amount and nature of the 
                discharges in special areas, not otherwise 
                authorized under this Act, during the preceding 
                year from ships referred to in subsection 
                (b)(1)(A) of this section owned or operated by 
                the Department of the Navy.
                  (B) Beginning on October 1, 1996, and each 
                year thereafter until October 1, 1998, a list 
                of the names of such ships equipped with 
                plastic processors pursuant to section 1003(e) 
                of the National Defense Authorization Act for 
                Fiscal Year 1994.
  [(f)] (g) Waiver Authority.--The President may waive the 
effective dates of the requirements set forth in subsection (c) 
of this section and in subsection 1003(e) of the National 
Defense Authorization Act for Fiscal Year 1994 [note to this 
section] if the President determines it to be in the paramount 
interest of the United States to do so. Any such waiver shall 
be for a period not in excess of one year. The President shall 
submit to the Congress each January a report on all waivers 
from the requirements of this section granted during the 
preceding calendar year, together with the reasons for granting 
such waivers.
  [(g)] (h) Noncommercial Shipping Standards.--The heads of 
Federal departments and agencies shall prescribe standards 
applicable to ships excluded from this Act by subsection (b)(1) 
of this section and for which they are responsible. Standards 
prescribed under this subsection shall ensure, so far as is 
reasonable and practicable without impairing the operations or 
operational capabilities of such ships, that such ships act in 
a manner consistent with the MARPOL Protocol.
  (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. 4. ADMINISTRATION AND ENFORCEMENT.

                            [33 U.S.C. 1903]

  (a) Duty of Secretary; Annexes of Convention Applicable to 
Seagoing Ships.--Unless otherwise specified in this Act, the 
Secretary shall administer and enforce the MARPOL Protocol, 
Annex IV to the Antarctic Protocol, and this Act. In the 
administration and enforcement of the MARPOL Protocol and this 
Act, Annexes I and II of the Convention apply only to seagoing 
ships.
  (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.
  [(b)] (c) Regulations; Refuse Record Books; Waste Management 
Plans; Notification of Crew and Passengers.
          (1) The Secretary shall prescribe any necessary or 
        desired regulations to carry out the provisions of the 
        MARPOL Protocol, Annex IV to the Antarctic Protocol, or 
        this Act.
          (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.
          [(2)] (4) The Secretary of the department in which 
        the Coast Guard is operating shall--
                  (A) prescribe regulations which--
                          (i) require certain ships described 
                        in section 3(a)(1) to maintain refuse 
                        record books and shipboard management 
                        plans, and to display placards which 
                        notify the crew and passengers of the 
                        requirements of Annex V to the 
                        Convention and of Annex IV to the 
                        Antarctic Protocol; and
                          (ii) specify the ships described in 
                        section 3(a)(1) to which the 
                        regulations apply;
                  (B) seek an international agreement or 
                international agreements which apply 
                requirements equivalent to those described in 
                subparagraph (A)(i) to all vessels subject to 
                Annex V to the Convention; and
                  (C) within 2 years after the effective date 
                of this paragraph, report to the Congress--
                          (i) regarding activities of the 
                        Secretary under subparagraph (B); and
                          (ii) if the Secretary has not 
                        obtained agreements pursuant to 
                        subparagraph (B) regarding the 
                        desirability of applying the 
                        requirements described in subparagraph 
                        (A)(i) to all vessels described in 
                        section 3(a) which call at United 
                        States ports.
          (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.
  [(c)] (d) Utilization of Personnel, Facilities, or Equipment 
of Other Federal Departments and Agencies.--The Secretary may 
utilize by agreement, with or without reimbursement, personnel, 
facilities, or equipment of other Federal departments and 
agencies in administering the MARPOL Protocol, this Act, or the 
regulations thereunder.

SEC. 5. CERTIFICATES.

                            [33 U.S.C. 1904]

  (a) Issuance by Authorized Designees; Restriction on 
Issuance.--[The Secretary] Except as provided in section 
4(b)(1), the Secretary shall designate those persons authorized 
to issue on behalf of the United States the certificates 
required by the MARPOL Protocol. A certificate required by the 
MARPOL Protocol shall not be issued to a ship which is 
registered in or of the nationality of a country which is not a 
party to the MARPOL Protocol.
  (b) Validity of Foreign Certificates.--A certificate issued 
by a country which is a party to the MARPOL Protocol has the 
same validity as a certificate issued by the [Secretary under 
the authority of the MARPOL Protocol.] Secretary or the 
Administrator under the authority of this Act.
  (c) Location Onboard Vessel; Inspection of Vessels Subject to 
Jurisdiction of the United States.--A ship required by the 
MARPOL Protocol to have a certificate--
          (1) shall carry a valid certificate onboard in the 
        manner prescribed by the authority issuing the 
        certificate; and
          (2) is subject to inspection while in a port or 
        terminal under the jurisdiction of the United States.
  (d) Onboard Inspections; Other Federal Inspection Authority 
Unaffected.--An inspection conducted under subsection (c)(2) of 
this section is limited to verifying whether or not a valid 
certificate is onboard, unless clear grounds exist which 
reasonably indicate that the condition of the ship or its 
equipment does not substantially agree with the particulars of 
its certificate. This section shall not limit the authority of 
any official or employee of the United States under any other 
treaty, law, or regulation to board and inspect a ship or its 
equipment.
  (e) Detention Orders; Duration of Detention; Shipyard 
Option.--In addition to the penalties prescribed in section 9 
of the Act, a ship required by the MARPOL Protocol to have a 
certificate--
          (1) which does not have a valid certificate onboard; 
        or
          (2) whose condition or whose equipment's condition 
        does not substantially agree with the particulars of 
        the certificate onboard; shall be detained by order of 
        the Secretary at the port or terminal where the 
        violation is discovered until, in the opinion of the 
        Secretary, the ship can proceed to sea without 
        presenting an unreasonable threat of harm to the marine 
        [environment.] environment or the public health and 
        welfare. The detention order may authorize the ship to 
        proceed to the nearest appropriate available shipyard 
        rather than remaining at the place where the violation 
        was discovered.
  (f) Ship Clearance or Permits; Refusal or Revocation.--If a 
ship is under a detention order under this section, the 
Secretary of the Treasury, upon the request of the Secretary, 
may refuse or revoke--
          (1) the clearance required by section 4197 of the 
        Revised Statutes of the United States, as amended (46 
        U.S.C. 91); or
          (2) a permit to proceed under section 4367 of the 
        Revised Statutes of the United States (46 U.S.C. 313) 
        or section 442 of the Tariff Act of 1930, as amended 
        (19 U.S.C. 1443).
  (g) Review of Detention Orders; Petition; Determination by 
Secretary.--A person whose ship is subject to a detention order 
under this section may petition the Secretary, in the manner 
prescribed by regulation, to review the detention order. Upon 
receipt of a petition under this subsection, the Secretary 
shall affirm, modify, or withdraw the detention order within 
the time prescribed by regulation.
  (h) Compensation for Loss or Damage.--A ship unreasonably 
detained or delayed by the Secretary acting under the authority 
of this Act is entitled to compensation for any loss or damage 
suffered thereby.

SEC. 6. POLLUTION RECEPTION FACILITIES.

                            [33 U.S.C. 1905]

  (a) Adequacy; Criteria.--
          (1) The Secretary, after consultation with the 
        Administrator of the Environmental Protection Agency, 
        shall establish regulations setting criteria for 
        determining the adequacy of a port's or terminal's 
        reception facilities for mixtures containing oil or 
        noxious liquid substances and shall establish 
        procedures whereby a person in charge of a port or 
        terminal may request the Secretary to certify that the 
        port's or terminal's facilities for receiving the 
        residues and mixtures containing oil or noxious liquid 
        substance from seagoing ships are adequate.
          (2) The Secretary, after consulting with appropriate 
        Federal agencies, shall establish regulations setting 
        criteria for determining the adequacy of reception 
        facilities for garbage at a port or terminal, and 
        stating such 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 such facilities are 
        available, for receiving garbage in accordance with 
        those regulations.
          (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.
  (b) Traffic Considerations.--In determining the adequacy of 
reception facilities required by the MARPOL Protocol or the 
Antarctic Protocol at a port or terminal, and in establishing 
regulations under subsection (a) of this section, the Secretary 
or the Administrator may consider, among other things, the 
number and types of ships or seagoing ships using the port or 
terminal, including their principal trades.
  (c) Certificate; Issuance; Validity; Appeal of Suspension or 
Revocation.--
          (1) If reception facilities of a port or terminal 
        meet the requirements of Annex I and Annex II to the 
        Convention or of this Act and the regulations 
        prescribed under subsection (a)(1), the Secretary 
        shall, after consultation with the Administrator of the 
        Environmental Protection Agency, issue a certificate to 
        that effect to the applicant.
          (2)(A) Subject to subparagraph (B), if reception 
        facilities of a port or terminal meet the requirements 
        of Annex V to the Convention and the regulations 
        prescribed under subsection (a)(2), the Secretary may, 
        after consultation with appropriate Federal agencies, 
        issue a certificate to that effect to the person in 
        charge of the port or terminal.
          (B) The Secretary may not issue a certificate 
        attesting to the adequacy of reception facilities under 
        this paragraph unless, prior to the issuance of the 
        certificate, the Secretary conducts an inspection of 
        the reception facilities of the port or terminal that 
        is the subject of the certificate.
          (C) The Secretary may, with respect to certificates 
        issued under this paragraph prior to the date of 
        enactment of the Coast Guard Authorization Act of 1996 
        [enacted Oct. 19, 1996], prescribe by regulation 
        differing periods of validity for such certificates.
          (3) A certificate issued under this subsection--
                  (A) is valid for the 5-year period beginning 
                on the date of issuance of the certificate, 
                except that if--
                          (i) the charge for operation of the 
                        port or terminal is transferred to a 
                        person or entity other than the person 
                        or entity that is the operator on the 
                        date of issuance of the certificate--
                                  (I) the certificate shall 
                                expire on the date that is 30 
                                days after the date of the 
                                transfer; and
                                  (II) the new operator shall 
                                be required to submit an 
                                application for a certificate 
                                before a certificate may be 
                                issued for the port or 
                                terminal; or
                          (ii) the certificate is suspended or 
                        revoked by the Secretary, the 
                        certificate shall cease to be valid; 
                        and
                  (B) shall be available for inspection upon 
                the request of the master, other person in 
                charge, or agent of a ship using or intending 
                to use the port or terminal.
          (4) The suspension or revocation of a certificate 
        issued under this subsection may be appealed to the 
        Secretary and acted on by the Secretary in the manner 
        prescribed by regulation.
  (d) Publication of List of Certified Ports or Terminals.--
          (1) The Secretary shall maintain a list of ports or 
        terminals with respect to which a certificate issued 
        under this section--
                  (A) is in effect; or
                  (B) has been revoked or suspended.
          (2) The Secretary shall make the list referred to in 
        paragraph (1) available to the general public.
  (e) Entry; Denial.--
          (1) Except in the case of force majeure, the 
        Secretary shall deny entry to a seagoing ship required 
        by the Convention or the Antarctic Protocol to retain 
        onboard while at sea, residues and mixtures containing 
        oil or noxious liquid substances, if--
                  (A) the port or terminal is one required by 
                Annexes I and II of the Convention or Article 9 
                of Annex IV to the Antarctic Protocol or 
                regulations hereunder to have adequate 
                reception facilities; and
                  (B) the port or terminal does not hold a 
                valid certificate issued by the Secretary under 
                this section.
          [(2) The Secretary may deny the entry of a ship to a 
        port or terminal required by regulations issued under 
        this section to provide adequate reception facilities 
        for garbage if the port or terminal is not in 
        compliance with those regulations.]
          (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.
  (f) Surveys.--
          (1) The [Secretary is] Secretary and the 
        Administrator are authorized to conduct surveys of 
        existing reception facilities in the United States to 
        determine measures needed to comply with the MARPOL 
        Protocol or the Antarctic Protocol.
          (2) [(A)] Not later than 18 months after the date of 
        enactment of the Coast Guard Authorization Act of 1996 
        [enacted Oct. 19, 1996], the Secretary shall promulgate 
        regulations that require the operator of each port or 
        terminal that is subject to any requirement of the 
        MARPOL Protocol relating to reception facilities to 
        post a placard in a location that can easily be seen by 
        port and terminal users. The placard shall state, at a 
        minimum, that a user of a reception facility of the 
        port or terminal should report to the Secretary any 
        inadequacy of the reception facility.

SEC. 8. VIOLATIONS.

                            [33 U.S.C. 1907]

  (a) General Prohibition; Cooperation and Enforcement; 
Detection and Monitoring Measures; Reports; Evidence.--It is 
unlawful to act in violation of the MARPOL Protocol, Annex IV 
to the Antarctic Protocol, this Act, or the regulations issued 
thereunder. The Secretary shall cooperate with other parties to 
the MARPOL Protocol or to the Antarctic Protocol in the 
detection of violations and in enforcement of the MARPOL 
Protocol and Annex IV to the Antarctic Protocol. The Secretary 
shall use all appropriate and practical measures of detection 
and environmental monitoring, and shall establish adequate 
procedures for reporting violations and accumulating evidence.
  (b) Investigations; Subpoenas: Issuance by Secretary, 
Enforcement; Action by Secretary; Information to Party.--Upon 
receipt of evidence that a violation has occurred, the 
Secretary shall cause the matter to be investigated. In any 
investigation under this section the Secretary may issue 
subpoenas to require the attendance of any witness and the 
production of documents and other evidence. In case of refusal 
to obey a subpoena issued to any person, the Secretary may 
request the Attorney General to invoke the aid of the 
appropriate district court of the United States to compel 
compliance. Upon completion of the investigation, the Secretary 
shall take the action required by the MARPOL Protocol or the 
Antarctic Protocol and whatever further action he considers 
appropriate under the circumstances. If the initial evidence 
was provided by a party to the MARPOL Protocol or the Antarctic 
Protocol, the Secretary, acting through the Secretary of State, 
shall inform that party of the action taken or proposed.
  (c) Ship Inspections; Reports to Secretary; Additional 
Action.
          (1) This subsection applies to inspections relating 
        to possible violations of Annex I or Annex II to the 
        Convention, of Article 3 or Article 4 of Annex IV to 
        the Antarctic Protocol, or of this Act by any seagoing 
        ship referred to in section 3(a)(2) of this Act.
          (2) While at a port or terminal subject to the 
        jurisdiction of the United States, a ship to which the 
        MARPOL Protocol or the Antarctic Protocol applies may 
        be inspected by the Secretary--
                  (A) to verify whether or not the ship has 
                discharged a harmful substance in violation of 
                the MARPOL Protocol, Annex IV to the Antarctic 
                Protocol, or this Act; or
                  (B) to comply with a request from a party to 
                the MARPOL Protocol or the Antarctic Protocol 
                for an investigation as to whether the ship may 
                have discharged a harmful substance anywhere in 
                violation of the MARPOL Protocol or Annex IV to 
                the Antarctic Protocol. An investigation may be 
                undertaken under this clause only when the 
                requesting party has furnished sufficient 
                evidence to allow the Secretary reasonably to 
                believe that a discharge has occurred.
                  If an inspection under this subsection 
                indicates that a violation has occurred, the 
                investigating officer shall forward a report to 
                the Secretary for appropriate action. The 
                Secretary shall undertake to notify the master 
                of the ship concerned and, acting in 
                coordination with the Secretary of State, shall 
                take any additional action required by Article 
                6 of the Convention.
  (d) Garbage Disposal Inspections; Covered Ships; Enforcement 
Actions.--
          (1) The Secretary may inspect a ship referred to in 
        section 3(a)(3) of this Act to verify whether the ship 
        has disposed of garbage in violation of Annex V to the 
        Convention, Article 5 of Annex IV to the Antarctic 
        Protocol, or this Act.
          (2) If an inspection under this subsection indicates 
        that a violation has occurred, the Secretary may 
        undertake enforcement action under section 9 of this 
        Act.
  (e) Harmful Substance or Garbage Disposal Inspections; 
Covered Ships; Enforcement Actions.--
          (1) The Secretary may inspect at any time a ship of 
        United States registry or nationality or operating 
        under the authority of the United States to which the 
        MARPOL Protocol or the Antarctic Protocol applies to 
        verify whether the ship has discharged a harmful 
        substance or disposed of garbage in violation of those 
        Protocols or this Act.
          (2) If an inspection under this subsection indicates 
        that a violation of the MARPOL Protocol, of Annex IV to 
        the Antarctic Protocol, or of this Act has occurred the 
        Secretary may undertake enforcement action under 
        section 9 of this Act.
  [(f) Supplemental Remedies and Requirements; Other Provisions 
and Available Remedies Unaffected.--Remedies and requirements 
of this Act supplement and neither amend nor repeal any other 
provisions of law, except as expressly provided in this Act. 
Nothing in this Act shall limit, deny, amend, modify, or repeal 
any other remedy available to the United States or any other 
person, except as expressly provided in this Act.]
  (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. PENALTIES FOR VIOLATIONS.

                            [33 U.S.C. 1908]

  (a) Criminal Penalties; Payment for Information Leading to 
Conviction.--A person who knowingly violates the MARPOL 
[Protocol,,] Protocol, Annex IV to the Antarctic Protocol, this 
Act, or the regulations issued thereunder commits a class D 
felony. In the discretion of the Court, an amount equal to not 
more than \1/2\ of such fine may be paid to the person giving 
information leading to conviction.
  (b) Civil Penalties; Separate Violations; Assessment Notice; 
Considerations Affecting Amount; Payment for Information 
Leading to Assessment of Penalty.--A person who is found by the 
Secretary, or the Administrator as provided for in this Act 
after notice and an opportunity for a hearing, to have--
          (1) violated the MARPOL [Protocol,,] Protocol, Annex 
        IV to the Antarctic Protocol, this Act, or the 
        regulations issued thereunder shall be liable to the 
        United States for a civil penalty, not to exceed 
        $25,000 for each violation; or
          (2) made a false, fictitious, or fraudulent statement 
        or representation in any matter in which a statement or 
        representation is required to be made to the Secretary, 
        or the Administrator as provided for in this Act, under 
        the MARPOL [Protocol,,] Protocol, Annex IV to the 
        Antarctic Protocol, this Act, or the regulations 
        thereunder, shall be liable to the United States for a 
        civil penalty, not to exceed $5,000 for each statement 
        or representation.
          Each day of a continuing violation shall constitute a 
        separate violation. The amount of the civil penalty 
        shall be assessed by the Secretary, or the 
        Administrator as provided for in this Act, or his 
        designee, by written notice. In determining the amount 
        of the penalty, the Secretary, or the Administrator as 
        provided for in this Act, 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 other matters as 
        justice may require. An amount equal to not more than 
        \1/2\ of such penalties may be paid by the Secretary, 
        or the Administrator as provided for in this Act, to 
        the person giving information leading to the assessment 
        of such penalties.
  (c) Abatement of Civil Penalties; Collection by Attorney 
General.--The Secretary, or the Administrator as provided for 
in this Act, may compromise, modify, or remit, with or without 
conditions, any civil penalty which is subject to assessment or 
which has been assessed under this section. If any person fails 
to pay an assessment of a civil penalty after it has become 
final, the Secretary, or the Administrator as provided for in 
this Act, may refer the matter to the Attorney General of the 
United States for collection in any appropriate district court 
of the United States.
  (d) Liability in rem; District Court Jurisdiction.--A ship 
operated in violation of the MARPOL [Protocol,,] Protocol, 
Annex IV to the Antarctic Protocol, this Act, or the 
regulations thereunder is liable in rem for any fine imposed 
under subsection (a) or civil penalty assessed pursuant to 
subsection (b), and may be proceeded against in the United 
States district court of any district in which the ship may be 
found.
  (e) Ship Clearance or Permits; Refusal or Revocation; Bond or 
Other Surety.--If any ship subject to the MARPOL Protocol, 
Annex IV to the Antarctic Protocol, or this Act, its owner, 
operator, or person in charge is liable for a fine or civil 
penalty under this section, or if reasonable cause exists to 
believe that the ship, its owner, operator, or person in charge 
may be subject to a fine or civil penalty under this section, 
the Secretary of the Treasury, upon the request of the 
Secretary, shall refuse or revoke the clearance required by 
section 4197 of the Revised Statutes of the United States (46 
U.S.C. App. 91). Clearance may be granted upon the filing of a 
bond or other surety satisfactory to the Secretary.
  (f) Referrals for Appropriate Action by Foreign Country.--
Notwithstanding subsection (a), (b), or (d) of this section, if 
the violation is by a ship registered in or of the nationality 
of a country party to the MARPOL Protocol or the Antarctic 
Protocol, or one operated under the authority of a country 
party to the MARPOL Protocol or the Antarctic Protocol, the 
Secretary, or the Administrator as provided for in this Act, 
acting in coordination with the Secretary of State, may refer 
the matter to the government of the country of the ship's 
registry or nationality, or under whose authority the ship is 
operating for appropriate action, rather than taking the 
actions required or authorized by this section.

SEC. 10. MARPOL PROTOCOL; PROPOSED AMENDMENTS.

                            [33 U.S.C. 1909]

  (a) Acceptance of Certain Amendments by the President.--A 
proposed amendment to the MARPOL Protocol received by the 
United States from the Secretary-General of the International 
Maritime Organization pursuant to Article VI of the MARPOL 
Protocol, may be accepted on behalf of the United States by the 
President following the advice and consent of the Senate, 
except as provided for in subsection (b) of this section.
  (b) Action on Certain Amendments by the Secretary of State.--
A proposed amendment to [Annex I, II, or V] Annex I, II, V, or 
VI to the Convention, appendices to those Annexes, or Protocol 
I of the Convention received by the United States from the 
Secretary-General of the International Maritime Organization 
pursuant to Article VI of the MARPOL Protocol, may be the 
subject of appropriate action on behalf of the United States by 
the Secretary of State following consultation with the 
Secretary, or the Administrator as provided for in this Act, 
who shall inform the Secretary of State as to what action he 
considers appropriate at least 30 days prior to the expiration 
of the period specified in Article VI of the MARPOL Protocol 
during which objection may be made to any amendment received.
  (c) Declaration of Nonacceptance by the Secretary of State.--
Following consultation with the Secretary, the Secretary of 
State may make a declaration that the United States does not 
accept an amendment proposed pursuant to Article VI of the 
MARPOL Protocol.

SEC. 11. LEGAL ACTIONS.

                            [33 U.S.C. 1910]

  (a) Persons With Adversely Affected Interests as Plaintiffs; 
Defendants.--Except as provided in subsection (b) of this 
section, any person having an interest which is, or can be, 
adversely affected, may bring an action on his own behalf--
          (1) against any person alleged to be in violation of 
        the provisions of this Act, or regulations issued 
        hereunder;
          (2) against the Secretary where there is alleged a 
        failure of the Secretary to perform any act or duty 
        under this Act which is not discretionary with the 
        Secretary;
          (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
          [(3)] (4) against the Secretary of the Treasury where 
        there is alleged a failure of the Secretary of the 
        Treasury to take action under section 9(e) of this Act.
  (b) Commencement Conditions.--No action may be commenced 
under subsection (a) of this section--
          (1) prior to 60 days after the plaintiff has given 
        notice, in writing and under oath, to the alleged 
        violator, the Secretary [concerned,] concerned or the 
        Administrator, and the Attorney General; or
          (2) if the Secretary or the Administrator has 
        commenced enforcement or penalty action with respect to 
        the alleged violation and is conducting such procedures 
        diligently.
  (c) Venue.--Any suit brought under this section shall be 
brought--
          (1) in a case concerning an onshore facility or port, 
        in the United States district court for the judicial 
        district where the onshore facility or port is located:
          (2) in a case concerning an offshore facility or 
        offshore structure under the jurisdiction of the United 
        States, in the United States district court for the 
        judicial district nearest the offshore facility or 
        offshore structure;
          (3) in a case concerning a ship, in the United States 
        district court for any judicial district wherein the 
        ship or its owner or operator may be found; or
          (4) in any case, in the District Court for the 
        District of Columbia.
  (d) Costs; Attorney Fees; Witness Fees.--The court, in 
issuing any final order in any action brought pursuant to this 
section, may award costs of litigation (including reasonable 
attorney and expert witness fees) to any party including the 
Federal Government.
  (e) Federal Intervention.--In any action brought under this 
section, if the Secretary or Attorney General are not parties 
of record, the United States, through the Attorney General, 
shall have the right to intervene.

[SEC. 15. AUTHORITY OF SECRETARY UNDER PORT AND TANKER SAFETY PROGRAM 
                    UNAFFECTED.

                           [[33 U.S.C. 1911]

  [Nothing in this Act shall be construed as limiting, 
diminishing, or otherwise restricting any of the authority of 
the Secretary under the Port and Tanker Safety Act of 1978 
(Public Law 95--474).]

SEC. 15. EFFECT ON OTHER LAWS.

                            [33 U.S.C. 1911]

  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.

                                  
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