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Q: SECTION 1. AUTOMATIC INCREASE IN THE FEDERAL MEDICAL ASSISTANCE
PERCENTAGE DURING PERIODS OF NATIONAL ECONOMIC DOWNTURN.

(a) National Economic Downturn Assistance FMAP.--
(1) In general.--Section 1905 of the Social Security Act
(42 U.S.C. 1396d) is amended--
(A) in subsection (b), in the first sentence--
(i) by striking ''and (4)'' and inserting
''(4)''; and
(ii) by inserting ''and (5) with respect to
each fiscal year quarter other than the first
quarter of a national economic downturn
assistance period described in subsection
(y)(1), the Federal medical assistance
percentage for any State described in
subsection (y)(2) shall be equal to the
national economic downturn assistance FMAP
determined for the State for the quarter under
subsection (y)(3)'' before the period; and
(B) by adding at the end the following:
''(y) National Economic Downturn Assistance FMAP.--For purposes of
clause (5) of the first sentence of subsection (b):
''(1) National economic downturn assistance period.--A
national economic downturn assistance period described in this
paragraph--
''(A) begins with the first fiscal year quarter for
which the Secretary determines that for at least 23
States, the rolling average unemployment rate for that
quarter has increased by at least 10 percent over the
corresponding quarter for the most recent preceding 12-
month period for which data are available (in this
subsection referred to as the 'trigger quarter'); and
''(B) ends with the first succeeding fiscal year
quarter for which the Secretary determines that less
than 23 States have a rolling average unemployment rate
for that quarter with an increase of at least 10
percent over the corresponding quarter for the most
recent preceding 12-month period for which data are
available.
''(2) Eligible state.--A State described in this paragraph
is a State for which the Secretary determines that the rolling
average unemployment rate for the State for any quarter
occurring during a national economic downturn assistance period
described in paragraph (1) has increased over the corresponding
quarter for the most recent preceding 12-month period for which
data are available.
''(3) Determination of national economic downturn
assistance fmap.--
''(A) In general.--The national economic downturn
assistance FMAP for a fiscal year quarter determined
with respect to a State under this paragraph is equal
to the Federal medical assistance percentage for the
State for that quarter increased by the number of
percentage points determined by--
''(i) dividing--
''(I) the Medicaid additional
unemployed increased cost amount
determined under subparagraph (B) for
the quarter; by
''(II) the State's total Medicaid
quarterly spending amount determined
under subparagraph (C) for the quarter;
and
''(ii) multiplying the quotient determined
under clause (i) by 100.
''(B) Medicaid additional unemployed increased cost
amount.--For purposes of subparagraph (A)(i)(I), the
Medicaid additional unemployed increased cost amount
determined under this subparagraph with respect to a
State and a quarter is the product of the following:
''(i) State increase in rolling average
number of unemployed individuals from the base
quarter of unemployment.--
''(I) In general.--The amount
determined by subtracting the rolling
average number of unemployed
individuals in the State for the base
unemployment quarter for the State
determined under subclause (II) from
the rolling average number of
unemployed individuals in the State for
the quarter.
''(II) Base unemployment quarter
defined.--
''(aa) In general.--For
purposes of subclause (I),
except as provided in item
(bb), the base quarter for a
State is the quarter with the
lowest rolling average number
of unemployed individuals in
the State in the 12-month
period preceding the trigger
quarter for a national economic
downturn assistance period
described in paragraph (1).
''(bb) Exception.--If the
rolling average number of
unemployed individuals in a
State for a quarter occurring
during a national economic
downturn assistance period
described in paragraph (1) is
less than the rolling average
number of unemployed
individuals in the State for
the base quarter determined
under item (aa), that quarter
shall be treated as the base
quarter for the State for such
national economic downturn
assistance period.
''(ii) National average amount of
additional federal medicaid spending per
additional unemployed individual.--In the case
of--
''(I) a calendar quarter occurring
in fiscal year 2012, $350; and
''(II) a calendar quarter occurring
in any succeeding fiscal year, the
amount applicable under this clause for
calendar quarters occurring during the
preceding fiscal year, increased by the
annual percentage increase in the
medical care component of the consumer
price index for all urban consumers
(U.S. city average), as rounded up in
an appropriate manner.
''(iii) State nondisabled, nonelderly
adults and children medicaid spending index.--
''(I) In general.--With respect to
a State, the quotient (not to exceed
1.00) of--
''(aa) the State
expenditure per person in
poverty amount determined under
subclause (II); divided by--
''(bb) the National
expenditure per person in
poverty amount determined under
subclause (III).
''(II) State expenditure per person
in poverty amount.--For purposes of
subclause (I)(aa), the State
expenditure per person in poverty
amount is the quotient of--
''(aa) the total amount of
annual expenditures by the
State for providing medical
assistance under the State plan
to nondisabled, nonelderly
adults and children; divided by
''(bb) the total number of
nonelderly adults and children
in poverty who reside in the
State, as determined under
paragraph (4)(A).
''(III) National expenditure per
person in poverty amount.--For purposes
of subclause (I)(bb), the National
expenditure per person in poverty
amount is the quotient of--
''(aa) the sum of the total
amounts determined under
subclause (II)(aa) for all
States; divided by
''(bb) the sum of the total
amounts determined under
subclause (II)(bb) for all
States.
''(C) State's total medicaid quarterly spending
amount.--For purposes of subparagraph (A)(i)(II), the
State's total Medicaid quarterly spending amount
determined under this subparagraph with respect to a
State and a quarter is the amount equal to--
''(i) the total amount of expenditures by
the State for providing medical assistance
under the State plan to all individuals
enrolled in the plan for the most recent fiscal
year for which data is available; divided by
''(ii) 4.
''(4) Data.--In making the determinations required under
this subsection, the Secretary shall use, in addition to the
most recent available data from the Bureau of Labor Statistics
Local Area Unemployment Statistics for each State referred to
in paragraph (5), the most recently available--
''(A) data from the Bureau of the Census with
respect to the number of nonelderly adults and children
who reside in a State described in paragraph (2) with
family income below the poverty line (as defined in
section 2110(c)(5)) applicable to a family of the size
involved (or, if the Secretary determines it
appropriate, a multiyear average of such data);
''(B) data reported to the Secretary by a State
described in paragraph (2) with respect to expenditures
for medical assistance under the State plan under this
title for nondisabled, nonelderly adults and children;
and
''(C) econometric studies of the responsiveness of
Medicaid enrollments and spending to changes in rolling
average unemployment rates and other factors, including
State spending on certain Medicaid populations.
''(5) Definition of 'rolling average number of unemployed
individuals', 'rolling average unemployment rate'.--In this
subsection, the term--
''(A) 'rolling average number of unemployed
individuals' means, with respect to a calendar quarter
and a State, the average of the 12 most recent months
of seasonally adjusted unemployment data for each
State;
''(B) 'rolling average unemployment rate' means,
with respect to a calendar quarter and a State, the
average of the 12 most recent monthly unemployment
rates for the State; and
''(C) 'monthly unemployment rate' means, with
respect to a State, the quotient of--
''(i) the monthly seasonally adjusted
number of unemployed individuals for the State;
divided by
''(ii) the monthly seasonally adjusted
number of the labor force for the State,
using the most recent data available from the Bureau of Labor
Statistics Local Area Unemployment Statistics for each State.
''(6) Increase in cap on payments to territories.--With
respect to any fiscal year quarter for which the national
economic downturn assistance Federal medical assistance
percentage applies to Puerto Rico, the Virgin Islands, Guam,
the Northern Mariana Islands, or American Samoa, the amounts
otherwise determined for such commonwealth or territory under
subsections (f) and (g) of section 1108 shall be increased by
such percentage of such amounts as the Secretary determines is
equal to twice the average increase in the national economic
downturn assistance FMAP determined for all States described in
paragraph (2) for the quarter.
''(7) Scope of application.--The national economic downturn
assistance FMAP shall only apply for purposes of payments under
section 1903 for a quarter and shall not apply with respect
to--
''(A) disproportionate share hospital payments
described in section 1923;
''(B) payments under title IV or XXI; or
''(C) any payments under this title that are based
on the enhanced FMAP described in section 2105(b).
''(8) Additional requirement for certain states.--In the
case of a State described in paragraph (2) that requires
political subdivisions within the State to contribute toward
the non-Federal share of expenditures required under section
1902(a)(2), the State shall not require that such political
subdivisions pay for any fiscal year quarters occurring during
a national economic downturn assistance period a greater
percentage of the non-Federal share of such expenditures, or a
greater percentage of the non-Federal share of payments under
section 1923, than the respective percentage that would have
been required by the State under State law in effect on the
first day of the fiscal year quarter occurring immediately
prior to the trigger quarter for the period.''.
(2) Effective date; no retroactive application.--The
amendments made by paragraph (1) take effect on January 1,
2012. In no event may a State receive a payment on the basis of
the national economic downturn assistance Federal medical
assistance percentage determined for the State under section
1905(y)(3) of the Social Security Act for amounts expended by
the State prior to January 1, 2012.
(b) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States
shall analyze the previous periods of national economic
downturn, including the most recent such period in effect as of
the date of enactment of this Act, and the past and projected
effects of temporary increases in the Federal medical
assistance percentage under the Medicaid program with respect
to such periods.
(2) Report.--Not later than April 1, 2011, the Comptroller
General of the United States shall submit a report to Congress
on the results of the analysis conducted under paragraph (1).
Such report shall include such recommendations as the
Comptroller General determines appropriate for modifying the
national economic downturn assistance FMAP established under
section 1905(y) of the Social Security Act (as added by
subsection (a)) to improve the effectiveness of the application
of such percentage in addressing the needs of States during
periods of national economic downturn, including
recommendations for--
(A) improvements to the factors that begin and end
the application of such percentage;
(B) how the determination of such percentage could
be adjusted to address State and regional economic
variations during such periods; and
(C) how the determination of such percentage could
be adjusted to be more responsive to actual Medicaid
costs incurred by States during such periods, as well
as to the effects of any other specific economic
indicators that the Comptroller General determines
appropriate.

A: Amends title XIX (Medicaid) of the Social Security Act to authorize an automatic increase in the federal medical assistance percentage (FMAP) for any eligible state during periods of national economic downturn.

Directs the Comptroller General to analyze and report to Congress on previous periods of national economic downturn, including the most recent one, and the past and projected effects of temporary increases in the Medicaid FMAP with respect to them.
****
Q: SECTION 1. ENCOURAGING THE PREPARATION OF TANF RECIPIENTS FOR HIGH-
SKILL, HIGH-DEMAND JOBS.

(a) In General.--Section 407(c)(2)(D) of the Social Security Act
(42 U.S.C. 607(c)(2)(D)) is amended to read as follows:
''(D) Limitation on number of persons who may be
treated as engaged in work by reason of participation
in educational activities.--
''(i) In general.--Except as provided in
clause (ii), for purposes of paragraphs
(1)(B)(i) and (2)(B) of subsection (b), not
more than 30 percent of the number of
individuals in all families in a State who are
treated as engaged in work for a month may
consist of individuals who are--
''(I) determined to be engaged in
work for the month by reason of
participation in vocational educational
training (but only with respect to such
training that does not exceed 12 months
with respect to any individual); or
''(II) deemed to be engaged in work
for the month by reason of subparagraph
(C) of this paragraph.
''(ii) Exception for education in
preparation for sector-specific, high-skill
occupations to meet employer demand.--
''(I) In general.--Notwithstanding
clause (i) and subsection (d)(8), for
purposes of determining monthly
participation rates under paragraphs
(1)(B)(i) and (2)(B) of subsection (b)
with respect to an individual who is
enrolled, in preparation for a sector-
specific, high-skill occupation to meet
employer demand (as defined in
subclause (II)), in a postsecondary 2-
or 4-year degree program or in
vocational educational training--
''(aa) the State may count
the number of hours per week
that the individual attends
such program or training for
purposes of determining the
number of hours for which a
family is engaged in work for
the month without regard to the
30 percent limitation under
clause (i); and
''(bb) the individual shall
be permitted to complete the
requirements of the degree
program or vocational
educational training within the
normal time frame for full-time
students seeking the particular
degree or completing such
vocational educational
training.
''(II) Sector-specific, high-skill
occupation to meet employer demand
defined.--In subclause (I), the term
'sector-specific, high-demand, high-
skill occupation to meet employer
demand' means an occupation--
''(aa) that has been
identified by the State
workforce investment board
established under section 111
of the Workforce Investment Act
of 1998 (29 U.S.C. 2821) as
within the needs of the State
with regard to current and
projected employment
opportunities in specific
industry sectors or that has
been defined by the State
agency administering the State
program funded under this part
as within the needs of the
State with regard to current
and projected employment
opportunities in specific
industry sectors and is
consistent with high demand
jobs identified in the State
plan in accordance with section
402(a)(1)(A)(vii);
''(bb) that requires
occupational training; and
''(cc) that provides a wage
of at least 75 percent of the
State median hourly wage, as
calculated by the Bureau of
Labor Statistics on the basis
of the most recent Occupational
Employment and Wage Survey.''.
(b) Conforming State Plan Amendment.--Section 402(a)(1)(B) of the
Social Security Act (42 U.S.C. 602(a)(1)(B)) is amended by adding at
the end the following:
''(vii) The document shall describe any
strategies and programs the State plans to use
to address employment placement, retention, and
advancement for recipients of assistance under
the program, including placement into high-
demand jobs and whether such jobs are
identified using labor market information.''.
(c) Effective Date.--The amendments made by this section take
effect on October 1, 2005.

A: Revises the mandatory work requirements of part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act with respect to the limitation on the number of persons in a state who may be treated as engaged in work by reason of participation in educational activities. Removes two-parent families from the formula for such limitation. Creates an exception to the limitation for education in preparation for sector-specific, high-skill occupations to meet employer demand.

Defines sector-specific, high-demand, high-skill occupation to meet employer demand as an occupation that: (1) has been identified by the state workforce investment board or by the state agency administering the state TANF program as within state needs with regard to current and projected employment opportunities in specific industry sectors; (2) requires occupational training; and (3) provides a wage of at least 75 percent of the state median hourly wage.
****
Q: 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.

A:
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.
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