[House Report 110-54]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     110-54

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



 
               MARITIME POLLUTION PREVENTION ACT OF 2007

                                _______
                                

 March 20, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 802]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 802) to amend the Act to Prevent 
Pollution from Ships to implement MARPOL Annex VI, having 
considered the same, report favorably thereon with amendments 
and recommend that the bill as amended do pass.
  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Maritime Pollution Prevention Act of 
2007''.

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 the navigable 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) an emission control area designated 
                        pursuant to section 4; or
                          ``(ii) any other area that the Administrator, 
                        in consultation with the Secretary, 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) an emission control area designated 
                        under section 4; or
                          ``(ii) any other area that the Administrator, 
                        in consultation with the Secretary, has 
                        designated by order as being an area from which 
                        emissions from ships are of concern with 
                        respect to protection of public health, 
                        welfare, or the environment; and
                  ``(D) to the extent consistent with international 
                law, to any other ship that is in--
                          ``(i) the exclusive economic zone of the 
                        United States;
                          ``(ii) an emission control area designated 
                        under section 4; or
                          ``(iii) any other area that the 
                        Administrator, in consultation with the 
                        Secretary, 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)(1) by inserting ``or (3)'' after 
        ``paragraph (2)'';
          (3) in subsection (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.'';
          (4) 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.''; and
          (5) 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''.

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 Secretary and the Administrator shall coordinate on 
        the administration and enforcement of Annex VI to 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 or the Administrator, after consulting with 
appropriate Federal agencies, shall 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 or the 
Administrator may 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 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.''.

  Amend the title so as to read:

      A bill to amend the Act to Prevent Pollution from Ships 
to implement MARPOL Annex VI.

                       Purpose of the Legislation

    H.R. 802, the Maritime Pollution Prevention Act of 2007, 
implements vessel emission standards that were agreed to under 
Annex VI to the International Convention for the Prevention of 
Pollution from Ships (MARPOL Convention) for purposes of United 
States law.

                Background and Need for the Legislation

    In 1997, the International Maritime Organization adopted 
Annex VI to the International Convention for the Prevention of 
Pollution from Ships (MARPOL Convention), which establishes 
international regulations that set limits on sulfur oxide and 
nitrogen oxide emissions from ship exhausts and prohibits 
deliberate emissions of ozone depleting substances. In April 
2006, the Senate acceded to the treaty by unanimous consent. 
Annex VI entered into force internationally on May 19, 2006.
    Under the Act to Prevent Pollution from Ships, the U.S. 
Coast Guard currently enforces Annexes I, II, and V to the 
MARPOL Convention on U.S.-flag and foreign-flag vessels 
operating in the navigable waters of the United States. The 
Coast Guard also enforces regulations that require ports and 
terminals to provide adequate access to trash receptacle 
facilities. Any violations of these regulations found by the 
Coast Guard may result in administrative, civil, or criminal 
actions.
    H.R. 802 amends the Act to Prevent Pollution from Ships to 
require the Coast Guard and the Environmental Protection Agency 
to administer and enforce vessel emission standards and 
requirements that are outlined under Annex VI to the MARPOL 
Convention.

                       Summary of the Legislation

    H.R. 802, the Maritime Pollution Prevention Act of 2007, 
requires the Coast Guard and the Environmental Protection 
Agency (EPA) to prescribe regulations to implement vessel air 
emission standards and requirements that are outlined under 
Annex VI to the MARPOL Convention. The Convention applies to 
marine diesel engines rated above 130 kilowatts (175 
horsepower) that are purchased or modified after January 1, 
2000. In October 1999, the EPA established a voluntary 
certification program so engine manufacturers could show that 
they have compliant engines. EPA believes that all marine 
diesel engines above 130 kilowatts sold in the U.S. since 
January 1, 2000, meet the requirements of MARPOL Annex VI.
    The bill requires the EPA, in consultation with the Coast 
Guard, to promulgate regulations to establish standards for 
nitrogen oxides (NOX), sulfur oxides 
(SOX), and volatile organic compounds and quality 
standards for vessel fuel oil. H.R. 802 does not transfer any 
Coast Guard authorities under current law regarding the 
promulgation, administration, or enforcement of regulations 
regarding vessel requirements under MARPOL Annexes I, II, and 
V, Annex IV to the Antarctic Protocol, or the Act to Prevent 
Pollution from Ships.

Section 1. Short title

    Section 1 states that the legislation may be referred to as 
the ``Maritime Pollution Prevention Act of 2007''.

Section 2. References

    Section 2 clarifies that any reference to a section or 
other provision refers to a section or other provision of the 
Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.)

Section 3. Definitions

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

Section 4. Applicability

    Section 4 establishes applicability for vessel air emission 
regulations issued under section 4 of the Act to Prevent 
Pollution from Ships. Under this section, U.S. vessels and 
foreign vessels that are operating in the territorial sea, in 
emission control areas, and in areas designated by the 
Administrator, in consultation with the Secretary of the 
department in which the Coast Guard is operating, are required 
to comply with vessel air emission regulations that are issued 
by the Coast Guard and EPA. This section applies Annex VI to 
the U.S. Exclusive Economic Zone to the extent that this is 
consistent with international law. This section also 
authorizes, but does not require, heads of each Federal 
department or agency to determine that some or all of the 
requirements apply regarding vessel air emissions for public 
vessels operated under that department or agency's authority. 
Section 17 of the Act to Prevent Pollution from Ships already 
states that any action taken under that Act must be taken in 
accordance with international law. Therefore, this limitation 
also applies to these amendments to that Act.
    Under Annex VI to the MARPOL Convention signatory nations 
are only required to apply vessel air emission standards 
regarding NOx to vessels with marine engines rated above 130 
kilowatts, or 175 horsepower. The Committee does not intend to 
apply standards under Annex VI to the MARPOL Convention to any 
vessel equipped with an engine below this threshold.

Section 5. Administration and enforcement

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

Section 6. Certificates

    Section 6 requires that each vessel greater than 400 gross 
tons and each offshore terminal be issued an International Air 
Pollution Prevention Certificate to certify that the equipment 
in the vessel is in compliance with all applicable requirements 
under MARPOL Annex VI and an Engine International Air Pollution 
Prevention Certificate to certify that each engine or engine 
group is in compliance with NOx standards under 
Regulation 13 of Annex VI to the Convention. This section also 
includes language that recognizes, for purposes of compliance 
under U.S. law, a certificate issued by another nation that is 
party to the MARPOL protocol. Section 5(b) of the Act to 
Prevent Pollution from Ships states that ``[a] certificate 
issued by a country which is a party to the MARPOL Protocol has 
the same validity as a certificate issued by the Secretary 
under the authority of the MARPOL protocol.'' This subsection 
also applies to certificates issued by foreign governments 
under MARPOL Annex VI.

Section 7. Reception facilities

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

Section 8. Inspections

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

Section 9. Amendments to the protocol

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

Section 10. Penalties

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

Section 11. Effect on other laws

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

            Legislative History and Committee Consideration

    In the 110th Congress, Committee on Transportation and 
Infrastructure Chairman Oberstar and Subcommittee on Coast 
Guard and Maritime Transportation Chairman Cummings introduced 
H.R. 802, the Maritime Pollution Prevention Act. On February 7, 
2007, the Committee on Transportation and Infrastructure met in 
open session to consider H.R. 802. During consideration of the 
bill, the Committee adopted by voice vote an amendment in the 
nature of a substitute that clarified that application of 
MARPOL Annex VI applied in the U.S. Exclusive Economic Zone to 
the extent consistent with international law; clarified that 
the head of any Federal agency must agree to the application of 
Annex VI to vessels operated by that agency before the Annex 
applies to those vessels; and clarified that only the U.S. 
Government can issue an air quality emissions certificate for 
U.S.-flag vessels. The Committee on Transportation and 
Infrastructure ordered H.R. 802 reported favorably to the House 
by voice vote.
    In the 109th Congress, H.R. 5811, the MARPOL Annex VI 
Implementation Act of 2006, was introduced by the bipartisan 
leadership of the Committee. The Subcommittee on Coast Guard 
and Maritime Transportation held a legislative hearing on July 
11, 2006, to review a draft bill which was nearly identical to 
H.R. 5811, as introduced. During a Full Committee markup on 
July 19, 2006, the Subcommittee was discharged from further 
consideration of the bill. At the markup, the Committee adopted 
by voice vote an en bloc amendment that gave the EPA limited 
authorities to issue regulations, in consultation with the 
Coast Guard, regarding the emissions of nitrogen oxides, sulfur 
oxides, and volatile organic compounds and the use of an 
improved quality of fuel oil by vessels covered by MARPOL Annex 
VI and the Act to Prevent Pollution from Ships. The bill, as 
amended, was ordered reported favorably to the House by voice 
vote. On September 28, 2006, H.R. 5681, the Coast Guard 
Authorization Act of 2006, was amended on the floor of the 
House to add the text of H.R. 5811. H.R. 5681 passed the House 
by voice vote.

                              Record Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each record vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no recorded votes during consideration of the bill. A 
motion to order H.R. 802, as amended, reported favorably to the 
House was agreed to by voice vote with a quorum present.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals of H.R. 802 are to implement vessel emission 
standards and requirements under MARPOL Annex VI for purposes 
of U.S. law.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 802 
from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 12, 2007.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 802, the Maritime 
Pollution Prevention Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis and Susanne Mehlman.
            Sincerely,
                                           Peter R. Orszag,
                                                          Director.
    Enclosure.

H.R. 802--Maritime Pollution Prevention Act of 2007

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

                     Compliance With House Rule XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, H.R. 802, the Maritime Pollution Prevention 
Act of 2007, does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e), or 9(f) of rule XXI of the Rules of the 
House of Representatives.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 802 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

ACT TO PREVENT POLLUTION FROM SHIPS

           *       *       *       *       *       *       *


      Sec. 2. (a) Unless the context indicates otherwise, as 
used in this Act--
          (1) ``Administrator'' means the Administrator of the 
        Environmental Protection Agency.
          [(1)] (2) ``Antarctica'' means the area south of 60 
        degrees south latitude;
          [(2)] (3) ``Antarctic Protocol'' means the Protocol 
        on Environmental Protection to the Antarctic Treaty, 
        signed October 4, 1991, in Madrid, and all annexes 
        thereto, and includes any future amendments thereto 
        which have entered into force;
          [(3)] (4) ``MARPOL Protocol'' means the Protocol of 
        1978 relating to the International Convention for the 
        Prevention of Pollution from Ships, 1973, and includes 
        the Convention;
          [(4)] (5) ``Convention'' means the International 
        Convention for the Prevention of Pollution from Ships, 
        1973, including Protocols I and II and Annexes I, II, 
        [and V] V, and VI thereto, including any modification 
        or amendments to the Convention, Protocols or Annexes 
        which have entered into force for the United States;
          [(5) ``discharge'' and ``garbage'' and ``harmful 
        substance'' and ``incident''] (6) ``discharge'', 
        ``emission'', ``garbage'', ``harmful substance'', and 
        ``incident'' shall have the meanings provided in the 
        Convention;
          (7) ``navigable waters'' includes the territorial sea 
        of the United States (as defined in Presidential 
        Proclamation 5928 of December 27, 1988) and the 
        internal waters of the United States;
          [(6)] (8) ``owner'' means any person holding title 
        to, or in the absence of title, any other indicia of 
        ownership of, a ship or terminal, but does not include 
        a person who, without participating in the management 
        or operation of a ship or terminal, holds indicia of 
        ownership primarily to protect a security interest in 
        the ship or terminal;
          [(7)] (9) ``operator'' means--
                  (a) * * *

           *       *       *       *       *       *       *

          [(8)] (10) ``person'' means an individual, firm, 
        public or private corporation, partnership, 
        association, State, municipality, commission, political 
        subdivision of a State, or any interstate body;
          [(9)] (11) ``Secretary'' means the Secretary of the 
        department in which the Coast Guard is operating;
          [(10)] (12) ``ship'' means a vessel of any type 
        whatsoever, including hydrofoils, air-cushion vehicles, 
        submersibles, floating craft whether self-propelled or 
        not, and fixed or floating platforms;
          [(11)] (13) ``submersible'' means a submarine, or any 
        other vessel designed to operate under water; and
          [(12)] (14) ``terminal'' means an onshore facility or 
        an offshore structure located in the navigable waters 
        of the United States or subject to the jurisdiction of 
        the United States and used, or intended to be used, as 
        a port or facility for the transfer or other handling 
        of a harmful substance.
      Sec. 3. (a) This Act shall apply--
          (1) * * *

           *       *       *       *       *       *       *

          (3) with respect to the requirements of Annex V to 
        the Convention, to a ship, other than a ship referred 
        to in paragraph (1), while in the navigable waters or 
        the exclusive economic zone of the United States; [and]
          (4) with respect to regulations prescribed under 
        section 6 of this Act, any port or terminal in the 
        United States[.]; and
          (5) with respect to Annex VI to the Convention, and 
        other than with respect to a ship referred to in 
        paragraph (1)--
                  (A) to a ship that is in the navigable 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) an emission control area 
                        designated pursuant to section 4; or
                          (ii) any other area that the 
                        Administrator, in consultation with the 
                        Secretary, 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) an emission control area 
                        designated under section 4; or
                          (ii) any other area that the 
                        Administrator, in consultation with the 
                        Secretary, has designated by order as 
                        being an area from which emissions from 
                        ships are of concern with respect to 
                        protection of public health, welfare, 
                        or the environment; and
                  (D) to the extent consistent with 
                international law, to any other ship that is 
                in--
                          (i) the exclusive economic zone of 
                        the United States;
                          (ii) an emission control area 
                        designated under section 4; or
                          (iii) any other area that the 
                        Administrator, in consultation with the 
                        Secretary, has designated by order as 
                        being an area from which emissions from 
                        ships are of concern with respect to 
                        protection of public health, welfare, 
                        or the environment.
  (b)(1) Except as provided in paragraph (2) or (3), this Act 
shall not apply to--
          (A) * * *

           *       *       *       *       *       *       *

  (3) With respect to Annex VI the Administrator, or the 
Secretary, as relevant to their authorities pursuant to this 
Act, may determine that some or all of the requirements under 
this Act shall apply to one or more classes of public vessels, 
except that such a determination by the Administrator shall 
have no effect unless the head of the Department or agency 
under which the vessels operate concurs in the determination. 
This paragraph does not apply during time of war or during a 
declared national emergency.
  (c) Application to Other Persons.--This Act shall apply to 
all persons to the extent necessary to ensure compliance with 
Annex VI to the Convention.
  [(c)] (d) Discharges in Special Areas.--(1) Except as 
provided in paragraphs (2) and (3), not later than December 31, 
2000, all surface ships owned or operated by the Department of 
the Navy, and not later than December 31, 2008, all 
submersibles owned or operated by the Department of the Navy, 
shall comply with the special area requirements of Regulation 5 
of Annex V to the Convention.

           *       *       *       *       *       *       *

  [(d)] (e) The Secretary or the Administrator, consistent with 
section 4 of this Act, shall prescribe regulations applicable 
to the ships of a country not a party to the MARPOL [Protocol, 
including regulations conforming to and giving effect to the 
requirements of Annex V] Protocol (or the applicable Annex), 
including regulations conforming to and giving effect to the 
requirements of Annex V and Annex VI as they apply under 
subsection (a) [of section 3] of this section, to ensure that 
their treatment is not more favorable than that accorded ships 
to parties to the MARPOL Protocol.
  [(e)] (f) Compliance by Excluded Vessels.--(1) The Secretary 
of the Navy shall develop and, as appropriate, support the 
development of technologies and practices for solid waste 
management aboard ships owned or operated by the Department of 
the Navy, including technologies and practices for the 
reduction of the waste stream generated aboard such ships, that 
are necessary to ensure the compliance of such ships with Annex 
V to the Convention on or before the dates referred to in 
subsections (b)(2)(A) and (c)(1) of this section.

           *       *       *       *       *       *       *

  [(f)] (g) Waiver Authority.--The President may waive the 
effective dates of the requirements set forth in subsection (c) 
of this section and in subsection 1003(e) of the National 
Defense Authorization Act for Fiscal Year 1994 if the President 
determines it to be in the paramount interest of the United 
States to do so. Any such waiver shall be for a period not in 
excess of one year. The President shall submit to the Congress 
each January a report on all waivers from the requirements of 
this section granted during the preceding calendar year, 
together with the reasons for granting such waivers.
  [(g)] (h) The heads of Federal departments and agencies shall 
prescribe standards applicable to ships excluded from this Act 
by subsection (b)(1) of this section and for which they are 
responsible. Standards prescribed under this subsection shall 
ensure, so far as is reasonable and practicable without 
impairing the operations or operational capabilities of such 
ships, that such ships act in a manner consistent with the 
MARPOL Protocol.
      Sec. 4. (a) * * *
  (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 Secretary and the Administrator shall 
        coordinate on the administration and enforcement of 
        Annex VI to the Convention.
  [(b)] (c)(1) The Secretary shall prescribe any necessary or 
desired regulations to carry out the provisions of the MARPOL 
Protocol, Annex IV to the Antarctic Protocol, or this Act.
  (2) In addition to the authority the Secretary has to 
prescribe regulations under this Act, the Administrator shall 
also prescribe any necessary or desired regulations to carry 
out the provisions of regulations 12, 13, 14, 15, 16, 17, 18, 
and 19 of Annex VI to the Convention.
  (3) In prescribing any regulations under this section, the 
Secretary and the Administrator shall consult with each other, 
and with respect to regulation 19, with the Secretary of the 
Interior.
  [(2)] (4) The Secretary of the department in which the Coast 
Guard is operating shall--
          (A) * * *

           *       *       *       *       *       *       *

  (5) No standard issued by any person or Federal authority, 
with respect to emissions from tank vessels subject to 
regulation 15 of Annex VI to the Convention, shall be effective 
until 6 months after the required notification to the 
International Maritime Organization by the Secretary.
  [(c)] (d) The Secretary may utilize by agreement, with or 
without reimbursement, personnel, facilities, or equipment of 
other Federal departments and agencies in administering the 
MARPOL Protocol, this Act, or the regulations thereunder.
      Sec. 5. (a) [The Secretary] Except as provided in section 
4(b)(1), the Secretary shall designate those persons authorized 
to issue on behalf of the United States the certificates 
required by the MARPOL Protocol. A certificate required by the 
MARPOL Protocol shall not be issued to a ship which is 
registered in or of the nationality of a country which is not a 
party to the MARPOL Protocol.
  (b) A certificate issued by a country which is a party to the 
MARPOL Protocol has the same validity as a certificate issued 
by the [Secretary under the authority of the MARPOL Protocol.] 
Secretary or the Administrator under the authority of this Act.

           *       *       *       *       *       *       *

  (e) In addition to the penalties prescribed in section 9 of 
the Act, a ship required by the MARPOL Protocol to have a 
certificate--
          (1) which does not have a valid certificate onboard; 
        or
          (2) whose condition or whose equipment's condition 
        does not substantially agree with the particulars of 
        the certificate onboard;
shall be detained by order of the Secretary at the port or 
terminal where the violation is discovered until, in the 
opinion of the Secretary, the ship can proceed to sea without 
presenting an unreasonable threat of harm to the marine 
[environment.] environment or the public health and welfare. 
The detention order may authorize the ship to proceed to the 
nearest appropriate available shipyard rather than remaining at 
the place where the violation was discovered.

           *       *       *       *       *       *       *

      Sec. 6. (a)(1) * * *

           *       *       *       *       *       *       *

  (3) The Secretary or the Administrator, after consulting with 
appropriate Federal agencies, shall 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 
or the Administrator may prescribe regulations to certify, and 
may issue certificates to the effect, that a port's or 
terminal's facilities for receiving ozone depleting substances, 
equipment containing such substances, and exhaust gas cleaning 
residues from ships are adequate.
  (b) In determining the adequacy of reception facilities 
required by the MARPOL Protocol or the Antarctic Protocol at a 
port or terminal, and in establishing regulations under 
subsection (a) of this section, the Secretary or the 
Administrator may consider, among other things, the number and 
types of ships or seagoing ships using the port or terminal, 
including their principal trades.

           *       *       *       *       *       *       *

  (e)(1) * * *
  [(2) The Secretary may deny the entry of a ship to a port or 
terminal required by regulations issued under this section to 
provide adequate reception facilities for garbage if the port 
or terminal is not in compliance with those regulations.]
  (2) The Secretary may deny the entry of a ship to a port or 
terminal required by the MARPOL Protocol, this Act, or 
regulations prescribed under this section relating to the 
provision of adequate reception facilities for garbage, ozone 
depleting substances, equipment containing those substances, or 
exhaust gas cleaning residues, if the port or terminal is not 
in compliance with the MARPOL Protocol, this Act, or those 
regulations.
  (f)(1) The [Secretary is] Secretary and the Administrator are 
authorized to conduct surveys of existing reception facilities 
in the United States to determine measures needed to comply 
with the MARPOL Protocol or the Antarctic Protocol.
  (2)[(A)] Not later than 18 months after the date of enactment 
of the Coast Guard Authorization Act of 1996, the Secretary 
shall promulgate regulations that require the operator of each 
port or terminal that is subject to any requirement of the 
MARPOL Protocol relating to reception facilities to post a 
placard in a location that can easily be seen by port and 
terminal users. The placard shall state, at a minimum, that a 
user of a reception facility of the port or terminal should 
report to the Secretary any inadequacy of the reception 
facility.

           *       *       *       *       *       *       *

      Sec. 8. (a) * * *

           *       *       *       *       *       *       *

  [(f) Remedies and requirements of this Act supplement and 
neither amend nor repeal any other provisions of law, except as 
expressly provided in this Act. Nothing in this Act shall 
limit, deny, amend, modify, or repeal any other remedy 
available to the United States or any other person, except as 
expressly provided in this Act.]
  (f)(1) The Secretary may inspect a ship to which this Act 
applies as provided under section 3(a)(5), to verify whether 
the ship is in compliance with Annex VI to the Convention and 
this Act.
  (2) If an inspection under this subsection or any other 
information indicates that a violation has occurred, the 
Secretary, or the Administrator in a matter referred by the 
Secretary, may undertake enforcement action under this section.
  (3) Notwithstanding subsection (b) and paragraph (2) of this 
subsection, the Administrator shall have all of the authorities 
of the Secretary, as specified in subsection (b) of this 
section, for the purposes of enforcing regulations 17 and 18 of 
Annex VI to the Convention to the extent that shoreside 
violations are the subject of the action and in any other 
matter referred to the Administrator by the Secretary.
      Sec. 9. (a) A person who knowingly violates the MARPOL 
[Protocol,,] Protocol, Annex IV to the Antarctic Protocol, This 
Act, or the regulations issued thereunder commits a class D 
felony. In the discretion of the Court, an amount equal to not 
more than \1/2\ of such fine may be paid to the person giving 
information leading to conviction.
  (b) A person who is found by the Secretary, or the 
Administrator as provided for in this Act, after notice and an 
opportunity for a hearing, to have--
          (1) violated the MARPOL [Protocol,,] Protocol, Annex 
        IV to the Antarctic Protocol, this Act, or the 
        regulations issued thereunder shall be liable to the 
        United States for a civil penalty, not to exceed 
        $25,000 for each violation; or
          (2) made a false, fictitious, or fraudulent statement 
        or representation in any matter in which a statement or 
        representation is required to be made to the Secretary, 
        or the Administrator as provided for in this Act, under 
        the MARPOL [Protocol,,] Protocol, Annex IV to the 
        Antarctic Protocol, this Act, or the regulations 
        thereunder, shall be liable to the United States for a 
        civil penalty, not to exceed $5,000 for each statement 
        or representation.
Each day of a continuing violation shall constitute a separate 
violation. The amount of the civil penalty shall be assessed by 
the Secretary, or the Administrator as provided for in this 
Act, or his designee, by written notice. In determining the 
amount of the penalty, the Secretary, or the Administrator as 
provided for in this Act, shall take into account the nature, 
circumstances, extent, and gravity of the prohibited acts 
committed and, with respect to the violator, the degree of 
culpability, any history of prior offenses, ability to pay, and 
other matters as justice may require. An amount equal to not 
more than \1/2\ of such penalties may be paid by the Secretary, 
or the Administrator as provided for in this Act, to the person 
giving information leading to the assessment of such penalties.
  (c) The Secretary, or the Administrator as provided for in 
this Act, may compromise, modify, or remit, with or without 
conditions, any civil penalty which is subject to assessment or 
which has been assessed under this section. If any person fails 
to pay an assessment of a civil penalty after it has become 
final, the Secretary, or the Administrator as provided for in 
this Act, may refer the matter to the Attorney General of the 
United States for collection in any appropriate district court 
of the United States.
  (d) A ship operated in violation of the MARPOL [Protocol,,] 
Protocol, Annex IV to the Antarctic Protocol, this Act, or the 
regulations thereunder is liable in rem for any fine imposed 
under subsection (a) or civil penalty assessed pursuant to 
subsection (b), and may be proceeded against in the United 
States district court of any district in which the ship may be 
found.

           *       *       *       *       *       *       *

  (f) Notwithstanding subsection (a), (b), or (d) of this 
section, if the violation is by a ship registered in or of the 
nationality of a country party to the MARPOL Protocol or the 
Antarctic Protocol, or one operated under the authority of a 
country party to the MARPOL Protocol or the Antarctic Protocol, 
the Secretary, or the Administrator as provided for in this 
Act, acting in coordination with the Secretary of State, may 
refer the matter to the government of the country of the ship's 
registry or nationality, or under whose authority the ship is 
operating for appropriate action, rather than taking the 
actions required or authorized by this section.
      Sec. 10. (a) * * *
  (b) A proposed amendment to Annex I, II, or V to the 
Convention, appendices to those Annexes, or Protocol I of the 
Convention received by the United States from the Secretary-
General of the International Maritime Organization pursuant to 
Article VI of the MARPOL Protocol, may be the subject of 
appropriate action on behalf of the United States by the 
Secretary of State following consultation with the Secretary, 
or the Administrator as provided for in this Act, who shall 
inform the Secretary of State as to what action he considers 
appropriate at least 30 days prior to the expiration of the 
period specified in Article VI of the MARPOL Protocol during 
which objection may be made to any amendment received.

           *       *       *       *       *       *       *

      [Sec. 15. Nothing in this Act shall be construed as 
limiting, diminishing, or otherwise restricting any of the 
authority of the Secretary under the Port and Tanker Safety Act 
of 1978 (Public Law 95-474).]

SEC. 15. EFFECT ON OTHER LAWS.

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

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