In the Senate of the United States,
June 26, 2008.
Resolved, That the bill from the House of Representa-
tives (H.R. 802) entitled ‘‘An Act to amend the Act to Pre-
vent Pollution from Ships to implement MARPOL Annex
VI.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Maritime Pollution Pre-
vention Act of 2008’’.
SEC. 2. REFERENCES.
Wherever in this Act an amendment or repeal is ex-
pressed 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—
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(1) by redesignating the paragraphs (1) through
(12) as paragraphs (2) through (13), respectively;
(2) by inserting before paragraph (2) (as so re-
designated) 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 sub-
stance’ and ‘incident’ ’’ and inserting ‘‘ ‘discharge’,
‘emission’, ‘garbage’, ‘harmful substance’, and ‘inci-
dent’ ’’; and
(5) by redesignating paragraphs (7) through (13)
(as redesignated) as paragraphs (8) through (14), re-
spectively, and inserting after paragraph (6) (as re-
designated) 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 in-
ternal waters of the United States;’’.
SEC. 4. APPLICABILITY.
Section 3 (33 U.S.C. 1902) is amended—
(1) in subsection (a)—
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(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 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 depart-
ing from, a port, shipyard, offshore terminal, or
the internal waters of the United States, and is
in—
‘‘(i) the navigable waters or the exclu-
sive economic zone of the United States;
‘‘(ii) an emission control area des-
ignated pursuant to section 4; or
‘‘(iii) 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-
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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 or the exclu-
sive economic zone of the United States;
‘‘(ii) an emission control area des-
ignated under section 4; or
‘‘(iii) 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; 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;
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‘‘(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 requirements
under this Act shall apply to one or more classes of public
vessels, except that such a determination by the Adminis-
trator shall have no effect unless the head of the Department
or agency under which the vessels operate concurs in the
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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.’’;
(4) in subsection (e), as redesignated—
(A) by inserting ‘‘or the Administrator, con-
sistent with section 4 of this Act,’’ after ‘‘Sec-
retary’’;
(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 ‘‘Protocol
(or the applicable Annex), including regulations
conforming to and giving effect to the require-
ments 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 inter-
national law navigational rights and freedoms as defined
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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 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 International
Air Pollution Prevention certificates shall be con-
sistent with any applicable requirements of the Clean
Air Act or regulations prescribed under that Act.
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‘‘(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 redesig-
nating 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 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 re-
designated, the following:
‘‘(5) No standard issued by any person or Federal au-
thority, 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
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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 ‘‘Sec-
retary,’’ 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 Admin-
istrator as provided for in this Act’’ after ‘‘Sec-
retary,’’ the first place appears.
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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, requirement,
or remedy available to the United States or any other per-
son, 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 al-
leged 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
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(3) by inserting ‘‘or the Administrator’’ after
‘‘Secretary’’ in subsection (b)(2).
Attest:
Secretary.