H.R. 802House110th Congress (2007-2009)Enacted

Maritime Pollution Prevention Act of 2008

Introduced February 5, 2007

Legislative Activity

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31 earlier actions
Became Law Latest Action

Became Public Law No: 110-280.

July 21, 2008

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HouseIntro Referral

Introduced in House

February 5, 2007

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E257-258)

February 5, 2007

HouseIntro Referral

Referred to the House Committee on Transportation and Infrastructure.

February 5, 2007

HouseCommittee

Committee Consideration and Mark-up Session Held.

February 7, 2007

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

February 7, 2007

HouseCommittee

Reported (Amended) by the Committee on Transportation. H. Rept. 110-54.

March 20, 2007

HouseCalendars

Placed on the Union Calendar, Calendar No. 25.

March 20, 2007

HouseFloor

Mr. Cummings moved to suspend the rules and pass the bill, as amended.

March 26, 2007 • 2:31 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H3025-3028)

March 26, 2007 • 2:32 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 802.

March 26, 2007 • 2:32 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

March 26, 2007 • 2:50 PM

HouseFloor

Considered as unfinished business. (consideration: CR H3053)

March 26, 2007 • 6:31 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 359 - 48 (Roll no. 187).(text: CR H3025-3026)

March 26, 2007 • 6:55 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 359 - 48 (Roll no. 187). (text: CR H3025-3026)

March 26, 2007 • 6:55 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

March 26, 2007 • 6:55 PM

HouseFloor

The title of the measure was amended. Agreed to without objection.

March 26, 2007 • 6:55 PM

SenateIntro Referral

Received in the Senate.

March 27, 2007

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation.

March 28, 2007

SenateCommittee

Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.

April 24, 2008

SenateCommittee

Committee on Commerce, Science, and Transportation. Reported by Senator Inouye with an amendment in the nature of a substitute. With written report No. 110-394.

June 23, 2008

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 828.

June 23, 2008

SenateFloor

Passed Senate with an amendment by Unanimous Consent. (consideration: CR S6303-6304; text as passed Senate: CR S6303-6304)

June 26, 2008

SenateFloor

Message on Senate action sent to the House.

June 27, 2008

HouseResolving Differences

Mr. Oberstar moved that the House suspend the rules and agree to the Senate amendment.

July 8, 2008 • 3:24 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on the motion to suspend the rules and agree to the Senate amendment to H.R. 802.

July 8, 2008 • 3:24 PM

HouseNot Used

Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.(consideration: CR H6191-6196; text as House agreed to Senate amendment: CR H6191-6192)

July 8, 2008

HouseResolving Differences

On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote. (consideration: CR H6191-6196; text as House agreed to Senate amendment: CR H6191-6192)

July 8, 2008 • 3:57 PM

HouseResolving Differences

Motion to reconsider laid on the table Agreed to without objection.

July 8, 2008 • 3:57 PM

HouseAction

Cleared for White House.

July 8, 2008

President

Presented to President.

July 10, 2008

Became Law

Signed by President.

July 21, 2008

Became Law

Became Public Law No: 110-280.

July 21, 2008

Floor Debate

6 members

What members said about H.R. 802 on the floor

1 Republican5 Democrats
Adam Smith
Rep. Adam SmithD-WA-9 · Dec 19, 2007

Madam. Speaker, due to events in my district, I was unable to vote on rollcall No. 42: Passage of H. Res. 475. Had I been present, I would have voted ``yes.'' January 22, 2007 Madam Speaker, due to…

Steven C. LaTourette
Rep. Steven C. LaTouretteR-OH-14 · Jul 8, 2008

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I want to rise in support today of the Senate amendment to H.R. 802, the Maritime Prevention Pollution Act of 2008. I want to give…

James L. Oberstar
Rep. James L. OberstarD-MN-8 · Jul 8, 2008

Mr. Speaker, I move to suspend the rules and concur in the Senate amendment to the bill (H.R. 802) to amend the Act to Prevent Pollution from ships to implement MARPOL Annex VI. Mr. Speaker, I ask…

James L. Oberstar
Rep. James L. OberstarD-MN-8 · Mar 26, 2007

I thank the gentleman for yielding. I especially want to thank the chairman of the Subcommittee on Coast Guard and Maritime Affairs for his leadership, absorbing so quickly in such a short period of…

Elijah E. Cummings
Rep. Elijah E. CummingsD-MD-7 · Mar 26, 2007

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 802) to amend the Act to Prevent Pollution from ships to implement MARPOL Annex VI, as amended. Mr. Speaker, I yield myself such time…

Show 6 more
James L. Oberstar
Rep. James L. OberstarD-MN-8 · Mar 30, 2007

Madam Speaker, when you accepted the gavel, you pledged that the House under your Leadership would waste no time in addressing the pressing needs facing our nation. Your legislative initiative for…

Elijah E. Cummings
Rep. Elijah E. CummingsD-MD-7 · Jul 8, 2008

I want to thank Chairman Oberstar for yielding and for his tremendous leadership of our Transportation Committee and getting this bill to the floor and his cosponsorship. I also want to thank Mr.…

Steven C. LaTourette
Rep. Steven C. LaTouretteR-OH-14 · Mar 26, 2007

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 802, the Maritime Pollution Prevention Act of 2007. H.R. 802 was introduced by our full committee…

Lois Capps
Rep. Lois CappsD-CA-23 · Jul 8, 2008

Mr. Speaker, I rise in strong support of H.R. 802, the Marine Pollution Prevention Act of 2008. I also echo the comments of the ranking member in praise of the bipartisan nature of this legislation.…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Jun 26, 2008

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 828, H.R. 802. Mr. President, I ask unanimous consent that the committee substitute…

Elijah E. Cummings
Rep. Elijah E. CummingsD-MD-7 · Mar 26, 2007

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks on H.R. 802.

Bill Text

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Enrolled BillPublication date not provided
        [Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 802 Enrolled Bill (ENR)]

H.R.802

One Hundred Tenth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight

An Act

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

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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.