TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coordination of Wind and Flood 
Perils Act of 2010''.

SEC. 2. PAYMENT OF MULTIPERIL CLAIMS.

    The National Flood Insurance Act of 1968 is amended by inserting 
after section 1312 (42 U.S.C. 4019) the following new section:

``SEC. 1312A. PAYMENT OF MULTIPERIL CLAIMS.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to allow an insured individual or small business to 
        commence repairs or replacement, or both, of insured property 
        and to recommence business operations as soon as possible after 
        a natural disaster; and
            ``(2) to remove the burden of determining flood and wind 
        loss allocation for the purpose of insurance claims from the 
        insured and to place such burden on the entities that are 
        responsible for the payment of such claims.
    ``(b) Payment of Multiperil Claims.--
            ``(1) In general.--In the event of an occurrence of loss 
        resulting from physical damage to or loss of real property or 
        personal property related thereto located in the United States 
        arising from the combined perils of flood and wind, the 
        Administrator and any insurer (including a State-run windpool) 
        that insures the wind peril shall enter into good faith 
        negotiations regarding--
                    ``(A) the general method or methods by which proven 
                claims for such multiperil losses shall be adjusted and 
                paid; and
                    ``(B) the allocation of such payments between the 
                insurer, the Administrator, and the insured.
            ``(2) Limitation.--
                    ``(A) In general.--In the event that the 
                Administrator and an insurer (including a State-run 
                windpool) that insures the wind peril cannot agree as 
                to the specific distribution of perils that resulted in 
                a loss described under paragraph (1), the Administrator 
                shall pay 50 percent of the disputed claim until the 
                claim can be settled.
                    ``(B) Fair share.--The terms of any agreement or 
                negotiations entered into pursuant to paragraph (1) 
                shall require that, in order to fully compensate the 
                insured for his, her, or its loss as soon as 
                practicable after the occurrence of such loss, an 
                insurer (including a State-run windpool) that insures 
                the wind peril pay 50 percent of any disputed claim 
                until the claim can be settled.
                    ``(C) No overcompensation.--The Administrator and 
                an insurer (including a State-run windpool) that 
                insures the wind peril shall work collaboratively to 
                ensure that an insured policyholder does not receive 
                payments under this section in excess of the amount of 
                the insured's actual loss.
                    ``(D) Rule of construction.--Nothing in this 
                section shall be construed to negate, set aside, or 
                void any policy limit, including any loss limitation, 
                set forth in a standard flood insurance policy.
    ``(c) Failure To Reach Agreement on Loss Allocation.--The terms of 
any agreement or negotiations entered into pursuant to subsection 
(b)(1) shall require that if an insurer (including a State-run 
windpool) that insures the wind peril and the Administrator fail to 
reach an agreement regarding multiperil losses pursuant to subsection 
(b), including as to the cause or allocation of a multiperil loss, then 
each such entity shall agree to have any dispute relating to multiperil 
losses resolved by the arbitration panel established under subsection 
(d).
    ``(d) Arbitration Panel.--
            ``(1) Establishment.--As allowed under section 1307(e) of 
        the National Flood Insurance Act of 1968 (42 U.S.C. 4104), and 
        notwithstanding any other provision of law, not later than 90 
        days after the date of enactment of this Act, the Administrator 
        of the Federal Emergency Management Agency shall establish an 
        arbitration panel to efficiently and clearly resolve disputes 
        relating to multiperil losses between the Administrator and an 
        insurer (including a State-run windpool) that insures the wind 
        peril.
            ``(2) Membership.--The arbitration panel established under 
        paragraph (1) shall be comprised of 5 members.
            ``(3) Required qualifications.--
                    ``(A) Administrative law expertise.--At least 1 
                member of the arbitration panel established under 
                paragraph (1) shall have expertise in administrative 
                law.
                    ``(B) Water resources expertise.--At least 1 member 
                of the arbitration panel established under paragraph 
                (1) shall have expertise in water resources.
                    ``(C) Hurricane modeling expertise.--At least 1 
                member of the arbitration panel established under 
                paragraph (1) shall have expertise in hurricane 
                modeling.
            ``(4) No fema employees.--No member of the arbitration 
        panel established under paragraph (1) may be a current or 
        former employee of the Federal Emergency Management Agency.
            ``(5) Independence.--Each member of the arbitration panel 
        established under paragraph (1) shall be independent and 
        neutral.''.

SOLUTION: Coordination of Wind and Flood Perils Act of 2010 - Amends the National Flood Insurance Act of 1968 to direct the Administrator of Federal Emergency Management Agency (FEMA) and any insurer (including a state-run windpool), in the event of loss resulting from physical damage to real property or personal property arising from the combined perils of flood and wind, to enter into good faith negotiations regarding: (1) payment and adjustment of proven claims for multiperil losses; and (2) the allocation of such payments among the insurer, the Administrator, and the insured.

Directs the Administrator to pay 50% percent of the disputed claim until it can be settled, if the Administrator and the insurer cannot agree as to the specific distribution of perils that resulted in a loss.

Requires such good faith negotiations to require that: (1) in order to fully compensate the insured for losses as soon as practicable, the insurer against wind peril shall pay 50% of any disputed claim until the claim can be settled; and (2) if an insurer against wind peril and the Administrator fail to agree regarding multiperil losses, then each shall agree to have any dispute resolved by the arbitration panel established under this Act.

Directs the Administrator to establish an arbitration panel to resolve disputes relating to multiperil losses between the Administrator and an insurer against wind peril.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community-Based Health Care 
Retraining Act''.

SEC. 2. HEALTH PROFESSIONS TRAINING DEMONSTRATION PROJECT.

    Section 171 of the Workforce Investment Act of 1998 (29 U.S.C. 
2916) is amended by adding at the end the following:
    ``(e) Health Professions Training Demonstration Project.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Covered community.--The term `covered 
                community' means a community or region that--
                            ``(i) has experienced a significant 
                        percentage decline in positions in the 
                        manufacturing or service sectors; and
                            ``(ii) is determined by the Secretary of 
                        Health and Human Services (in consultation with 
                        the medical community) to be an area with a 
                        shortage of health care professionals described 
                        in clause (i) or (ii) of subparagraph (C).
                    ``(B) Covered worker.--The term `covered worker' 
                means an individual who--
                            ``(i)(I) has been terminated or laid off, 
                        or who has received a notice of termination or 
                        layoff, from employment in a manufacturing or 
                        service sector;
                            ``(II)(aa) is eligible for or has exhausted 
                        entitlement to unemployment compensation; or
                            ``(bb) has been employed for a duration 
                        sufficient to demonstrate, to the appropriate 
                        entity at a one-stop center referred to in 
                        section 134(c), attachment to the workforce, 
                        but is not eligible for unemployment 
                        compensation due to insufficient earnings or 
                        having performed services for an employer that 
                        were not covered under a State unemployment 
                        compensation law; and
                            ``(III) is unlikely to return to a previous 
                        industry or occupation; or
                            ``(ii)(I) has been terminated or laid off, 
                        or has received a notice of termination or 
                        layoff, from employment in a manufacturing or 
                        service sector as a result of any permanent 
                        closure of, or any substantial layoff at, a 
                        plant, facility, or enterprise; or
                            ``(II) is employed in a manufacturing or 
                        service sector at a facility at which the 
                        employer has made a general announcement that 
                        such facility will close within 180 days.
                    ``(C) Health care professional.--The term `health 
                care professional'--
                            ``(i) means an individual who is involved 
                        with--
                                    ``(I) the delivery of health care 
                                services, or related services, 
                                pertaining to--
                                            ``(aa) the identification, 
                                        evaluation, and prevention of 
                                        diseases, disorders, or 
                                        injuries; or
                                            ``(bb) home-based or 
                                        community-based long-term care;
                                    ``(II) the delivery of dietary and 
                                nutrition services; or
                                    ``(III) rehabilitation and health 
                                systems management; and
                            ``(ii) with respect to a covered community 
                        to be served through a grant made under 
                        paragraph (3), includes individuals in health 
                        care professions and jobs for which there is a 
                        shortage in the community, as determined by the 
                        Secretary of Health and Human Services (in 
                        consultation with the medical community), 
                        giving consideration to the amount of training 
                        time required to retrain the covered workers 
                        for the health care professions and jobs.
                    ``(D) Tribal college or university.--The term 
                `tribal college or university' means--
                            ``(i) a tribally controlled college or 
                        university, as defined in section 2 of the 
                        Tribally Controlled College or University 
                        Assistance Act of 1978 (25 U.S.C. 1801);
                            ``(ii) Dine College, authorized in the 
                        Navajo Community College Act (25 U.S.C. 640a et 
                        seq.); and
                            ``(iii) any of the 1994 Institutions, as 
                        defined in section 532 of the Equity in 
                        Educational Land-Grant Status Act of 1994 (7 
                        U.S.C. 301 note).
            ``(2) Establishment of project.--In accordance with 
        subsection (b), the Secretary shall establish and carry out a 
        health professions training demonstration project.
            ``(3) Grants.--In carrying out the project, the Secretary, 
        after consultation with the Secretary of Health and Human 
        Services, shall make grants to eligible entities to enable the 
        entities to carry out programs in covered communities to train 
        covered workers for employment as health care professionals. 
        The Secretary shall make each grant in an amount of not less 
        than $100,000 and not more than $500,000.
            ``(4) Eligible entities.--Notwithstanding subsection 
        (b)(2)(B), to be eligible to receive a grant under this 
        subsection to carry out a program in a covered community, an 
        entity shall be a partnership that is--
                    ``(A) under the direction of a local workforce 
                investment board established under section 117 that is 
                serving the covered community; and
                    ``(B) composed of members serving the covered 
                community, such as--
                            ``(i) an institution of higher education 
                        that provides a 4-year program of instruction;
                            ``(ii) an accredited community college;
                            ``(iii) an accredited vocational or 
                        technical school;
                            ``(iv) a tribal college or university;
                            ``(v) a health clinic or hospital;
                            ``(vi) a home-based or community-based 
                        long-term care facility or program; or
                            ``(vii) a health care facility administered 
                        by the Secretary of Veterans Affairs.
            ``(5) Applications.--To be eligible to receive a grant 
        under this subsection, an entity shall submit an application to 
        the Secretary at such time, in such manner, and containing such 
        information as the Secretary may require, including, at a 
        minimum--
                    ``(A) a proposal to use the grant funds to 
                establish or expand a training program in order to 
                train covered workers for employment as health care 
                professionals (including paraprofessionals);
                    ``(B) information demonstrating the need for the 
                training and support services to be provided through 
                the program;
                    ``(C) information describing the manner in which 
                the entity will expend the grant funds, and the 
                activities to be carried out with the funds;
                    ``(D) information demonstrating that the entity 
                meets the requirements of paragraph (4); and
                    ``(E) with respect to training programs carried out 
                by the applicant, information--
                            ``(i) on the graduation rates of the 
                        programs involved;
                            ``(ii) on the retention measures carried 
                        out by the applicant;
                            ``(iii) on the length of time necessary to 
                        complete the training programs of the 
                        applicant; and
                            ``(iv) on the number of qualified covered 
                        workers that are refused admittance into the 
                        training programs because of lack of capacity.
            ``(6) Selection.--In making grants under paragraph (3), the 
        Secretary, after consultation with the Secretary of Health and 
        Human Services, shall--
                    ``(A) consider the information submitted by the 
                eligible entities under paragraph (5)(E); and
                    ``(B) select--
                            ``(i) eligible entities submitting 
                        applications that meet such criteria as the 
                        Secretary of Labor determines to be 
                        appropriate; and
                            ``(ii) among such entities, the eligible 
                        entities serving the covered communities with 
                        the greatest need for the grants and the 
                        greatest potential to benefit from the grants.
            ``(7) Use of funds.--
                    ``(A) In general.--An entity that receives a grant 
                under this subsection shall use the funds made 
                available through the grant for training and support 
                services that meet the needs described in the 
                application submitted under paragraph (5), which may 
                include--
                            ``(i) increasing capacity, subject to 
                        subparagraph (B), at an educational institution 
                        or training center to train individuals for 
                        employment as health professionals, such as 
                        by--
                                    ``(I) expanding a facility, subject 
                                to subparagraph (B);
                                    ``(II) expanding course offerings;
                                    ``(III) hiring faculty;
                                    ``(IV) providing a student loan 
                                repayment program for the faculty;
                                    ``(V) establishing or expanding 
                                clinical education opportunities;
                                    ``(VI) purchasing equipment, such 
                                as computers, books, clinical supplies, 
                                or a patient simulator; or
                                    ``(VII) conducting recruitment; or
                            ``(ii) providing support services for 
                        covered workers participating in the training, 
                        such as--
                                    ``(I) providing tuition assistance;
                                    ``(II) establishing or expanding 
                                distance education programs;
                                    ``(III) providing transportation 
                                assistance; or
                                    ``(IV) providing child care.
                    ``(B) Limitation.--To be eligible to use the funds 
                to expand a facility, the eligible entity shall 
                demonstrate to the Secretary in an application 
                submitted under paragraph (5) that the entity can 
                increase the capacity described in subparagraph (A)(i) 
                of such facility only by expanding the facility.
            ``(8) Funding.--Of the amounts appropriated to, and 
        available at the discretion of, the Secretary or the Secretary 
        of Health and Human Services for programmatic and 
        administrative expenditures, a total of $25,000,000 shall be 
        used to establish and carry out the demonstration project 
        described in paragraph (2) in accordance with this 
        subsection.''.

SOLUTION: Community-Based Health Care Retraining Act - Amends the Workforce Investment Act of 1998 to require the Secretary of Labor to establish and carry out a health professions training demonstration project that awards grants to eligible entities to train certain unemployed workers from the manufacturing or service sector for employment as health care professionals in communities with manufacturing and service sector job loss and health care professional shortages.

PROBLEM: SECTION 1. SHORT TITLE.

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

SEC. 2. REFERENCES.

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

SEC. 3. DEFINITIONS.

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

SEC. 4. APPLICABILITY.

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

SEC. 5. ADMINISTRATION AND ENFORCEMENT.

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

SEC. 6. CERTIFICATES.

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

SEC. 7. RECEPTION FACILITIES.

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

SEC. 8. INSPECTIONS.

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

SEC. 9. AMENDMENTS TO THE PROTOCOL.

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

SEC. 10. PENALTIES.

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

SEC. 11. EFFECT ON OTHER LAWS.

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

``SEC. 15. EFFECT ON OTHER LAWS.

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

SEC. 12. LEGAL ACTIONS.

    Section 11 (33 U.S.C. 1910) is amended--
        (1) by redesignating paragraph (3) of subsection (a) as 
    paragraph (4), and inserting after paragraph (2) the following:
        ``(3) against the Administrator where there is alleged a 
    failure of the Administrator to perform any act or duty under this 
    Act which is not discretionary; or'';
        (2) by striking ``concerned,'' in subsection (b)(1) and 
    inserting ``concerned or the Administrator,''; and
        (3) by inserting ``or the Administrator'' after ``Secretary'' 
    in subsection (b)(2).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

SOLUTION:
Maritime Pollution Prevention Act of 2008 - (Sec. 3) Amends the Act to Prevent Pollution from Ships (Act) to provide for the adoption of Annex VI (Prevention of Air Pollution From Ships Enforcement) of the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL Convention, which includes any Protocols or Annexes entered into force for the United States). Makes the Act, with respect to Annex VI, applicable to: (1) ships in a port, shipyard, offshore terminal, or U.S. internal waters; (2) 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 navigable U.S. waters or the U.S. Exclusive Economic Zone (EEZ), an emission control, or other specified area; (3) a ship that is entitled to fly the flag of, or operating under the authority of, a party to Annex VI and is in navigable U.S. waters or the EEZ, an emission control, or other specified area; and (4) any other ship to the extent that, and in the same manner as, such ship may be boarded to implement or enforce any other U.S. law or Annex I, II, or V of the Convention, and that is in the EEZ or an emission control or other specified area. Authorizes, but does not require with respect to Annex VI, federal agency heads to determine that some or all Act requirements apply regarding vessel air emissions for public vessels operated under an agency's authority. Prohibits construing provisions relating to ships that are subject to preventive measures to restrict in a manner inconsistent with international law navigational rights and freedoms as defined by U.S. law, treaty, convention, or customary international law.

(Sec. 5) Permits only the Administrator (the Administrator) of the Environmental Protection Agency (EPA), and no other person, to 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 documented U.S. vessel.

(Sec. 6) Gives a certificate issued by a country that is a party to the MARPOL Protocol of 1978 (MARPOL Protocol, which includes the Convention) the same validity as a certificate issued by the Secretary of the department in which the Coast Guard (the Secretary) is operating (currently) or the Administrator.

(Sec. 7) Requires the Secretary and the Administrator, after consulting with appropriate federal agencies, jointly to 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. Permits denial of entry to a ship to a port without adequate reception facilities to receive such substances and residues.

(Sec. 8) Authorizes the Secretary to inspect a ship to which the Act applies to verify whether the ship is in compliance with Annex VI to the Convention and the Act and permits either the Secretary or the Administrator to undertake enforcement actions if an inspection or any other information indicates that there is a violation.

(Sec. 9) Authorizes the Secretary of State, after consulting with the Secretary (currently) or the Administrator, to act for the United States on Protocol and related amendments, including proposed amendments to Annex VI to the Protocol.

(Sec. 10) Permits the Administrator (currently, only the Secretary) to assess civil penalties.

(Sec. 12) Allows any person having an interest which is, or can be, adversely affected to bring an action on his own behalf against the Administrator for a failure to perform any nondiscretionary act or duty.