(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 para-
graph (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 Conven-
tion, 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 depart-
ing 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 des-
ignated pursuant to section 4; or 
‘‘(iii) any other area that the Admin-
istrator, 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 protec-
tion of public health, welfare, or the envi-
ronment; 
‘‘(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 des-
ignated under section 4; or 
‘‘(iii) any other area that the Admin-
istrator, 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 protec-
tion of public health, welfare, or the envi-
ronment; and 
‘‘(D) to the extent consistent with inter-
national 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 des-
ignated under section 4; or 
‘‘(iv) any other area that the Adminis-
trator, 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 protec-
tion of public health, welfare, or the envi-
ronment.’’; 
(2) in subsection (b)—
(A) in paragraph (1) by striking ‘‘para-
graph (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 require-
ments 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 in-
serting 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.’’; and 
(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 insert-
ing ‘‘of this section’’; and 
(C) by striking ‘‘Protocol, including regula-
tions conforming to and giving effect to the re-
quirements of Annex V’’ and inserting ‘‘Pro-
tocol (or the applicable Annex), including regu-
lations conforming to and giving effect to the 
requirements of Annex V and Annex VI’’. 
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 per-
son may, issue Engine International Air Pollution 
Prevention certificates in accordance with Annex VI 
and the International Maritime Organization’s Tech-
nical Code on Control of Emissions of Nitrogen Ox-
ides 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 Inter-
national 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 redes-
ignating paragraph (2) as paragraph (4), and insert-
ing 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 sec-
tion, 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 sub-
ject 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 Sec-
retary.’’. 
SEC. 6. CERTIFICATES. 
Section 5 (33 U.S.C. 1904) is amended—
(1) in subsection (a) by striking ‘‘The Sec-
retary’’ 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 con-
sulting with appropriate Federal agencies, shall jointly 
prescribe regulations setting criteria for determining the 
adequacy of reception facilities for receiving ozone deplet-
ing 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 fa-
cilities, 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 sub-
stances, equipment containing such substances, and ex-
haust gas cleaning residues from ships are adequate.’’; 
(2) in subsection (b) by inserting ‘‘or the Ad-
ministrator’’ 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 gar-
bage, 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 regula-
tions 17 and 18 of Annex VI to the Convention to the 
extent that shoreside violations are the subject of the ac-
tion 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 by in-
serting ‘‘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 ap-
pears 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 Adminis-
trator as provided for in this Act’’ after 
‘‘Secretary’’ the first place it appears; and 
(ii) by inserting ‘‘, or the Adminis-
trator as provided for in this Act,’’ after 
‘‘Secretary’’ the second and third places it 
appears; 
(3) in subsection (c), by inserting ‘‘, or the Ad-
ministrator as provided for in this Act,’’ after ‘‘Sec-
retary’’ each place it appears; and 
(4) in subsection (f), by inserting ‘‘, or the Ad-
ministrator as provided for in this Act’’ after ‘‘Sec-
retary’’ 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 au-
thorities, requirements, or remedies conferred by any 
other provision of law. Nothing in this Act shall limit, 
deny, amend, modify, or repeal any other authority, re-
quirement, or remedy available to the United States or 
any other person, except as expressly provided in this 
Act.’’. 
Passed the House of Representatives March 26, 
2007. 
Attest:
Clerk.
110TH CONGRESS 
1ST SESSION 
H. R. 802
AN ACT 
To amend the Act to Prevent Pollution from Ships 
to implement MARPOL Annex VI.