II 

108TH CONGRESS 

2D SESSION S. 2271 

To establish national standards for discharges from cruise vessels into the 

waters of the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 1, 2004 

Mr. DURBIN (for himself, Mr. LAUTENBERG, Mr. CORZINE, Mrs. FEINSTEIN, 

Mr. KENNEDY, and Mrs. BOXER) introduced the following bill; which was 

read twice and referred to the Committee on Commerce, Science, and 

Transportation 

A BILL 

To establish national standards for discharges from cruise 

vessels into the waters of the United States, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 This Act may be cited as the ‘‘Clean Cruise Ship Act 

5 of 2004’’. 

6 (a) SHORT TITLE.—This Act may be cited as the 

7 ‘‘Clean Cruise Ship Act of 2004’’. 

8 (b) TABLE OF CONTENTS.—The table of contents of 

9 this Act is as follows: 
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Sec. 1. Short title; table of contents. 

Sec. 2. Findings and purposes. 

Sec. 3. Definitions. 

Sec. 4. Prohibitions and conditions regarding the discharge of sewage, 

graywater, or bilge water. 

Sec. 5. Effluent limits for discharges of sewage and graywater. 

Sec. 6. Inspection and sampling. 

Sec. 7. Employee protection. 

Sec. 8. Judicial review. 

Sec. 9. Enforcement. 

Sec. 10. Citizen suits. 

Sec. 11. Alaskan cruise vessels. 

Sec. 12. Ballast water. 

Sec. 13. Funding. 

Sec. 14. Effect on other law. 

1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) cruise vessels carry millions of passengers 

4 each year, and in 2001 carried 8,400,000 passengers 

5 in North America; 

6 (2) cruise vessels carry passengers to and 

7 through the most beautiful ocean areas in the 

8 United States and provide many people in the 

9 United States ample opportunities to relax and learn 

10 about oceans and marine ecosystems; 

11 (3) ocean pollution threatens the beautiful and 

12 inspiring oceans and marine wildlife that many 

13 cruise vessels intend to present to travelers; 

14 (4) cruise vessels generate tremendous quan15 tities of pollution, including— 

16 (A) sewage (including sewage sludge); 

17 (B) graywater from showers, sinks, laun18 dries, baths, and galleys; 
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1 (C) oily water; 

2 (D) toxic chemicals from photo processing, 

3 dry cleaning, and paints; 

4 (E) ballast water; 

5 (F) solid wastes; and 

6 (G) emissions of air pollutants; 

7 (5) some of the pollution generated by cruise 

8 ships, particularly sewage discharge, can lead to 

9 high levels of nutrients that are known to harm and 

10 kill coral reefs and which can increase the quantity 

11 of pathogens in the water and heighten the suscepti12 bility of many coral species to scarring and disease; 

13 (6) laws (including regulations) in effect as of 

14 the date of enactment of this Act do not provide 

15 adequate controls, monitoring, or enforcement of 

16 certain discharges from cruise vessels into the wa17 ters of the United States; and 

18 (7) to protect coastal and ocean areas of the 

19 United States from pollution generated by cruise 

20 vessels, new Federal legislation is needed to reduce 

21 and better regulate discharges from cruise vessels, 

22 and to improve monitoring, reporting, and enforce23 ment of discharges. 

24 (b) PURPOSES.—The purposes of this Act are— 
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1 (1) to prevent the discharge of any untreated 

2 sewage or graywater from a cruise vessel entering 

3 ports of the United States into the waters of the 

4 United States; 

5 (2) to prevent the discharge of any treated sew6 age, sewage sludge, graywater, or bilge water from 

7 cruise vessels entering ports of the United States 

8 into the territorial sea; 

9 (3) to establish new national effluent limits and 

10 management standards for the discharge of treated 

11 sewage or graywater from cruise vessels entering 

12 ports of the United States into the exclusive eco13 nomic zone of the United States in any case in 

14 which the discharge is not within an area in which 

15 discharges are prohibited; and 

16 (4) to ensure that cruise vessels entering ports 

17 of the United States comply with all applicable envi18 ronmental laws. 

19 SEC. 3. DEFINITIONS. 

20 In this Act: 

21 (1) COMMANDANT.—The term ‘‘Commandant’’ 

22 means the Commandant of the Coast Guard. 

23 (2) ADMINISTRATOR.—The term ‘‘Adminis24 trator’’ means the Administrator of the Environ25 mental Protection Agency. 
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1 (3) TERRITORIAL SEA.— 

2 (A) IN GENERAL.—The term ‘‘territorial 

3 sea’’ means the belt of the sea measured from 

4 the baseline of the United States determined in 

5 accordance with international law, as set forth 

6 in Presidential Proclamation number 5928, 

7 dated December 27, 1988. 

8 (B) INCLUSION.—The term ‘‘territorial 

9 sea’’ includes the waters lying seaward of the 

10 line of ordinary low water and extending to the 

11 baseline of the United States described in sub12 paragraph (A). 

13 (4) EXCLUSIVE ECONOMIC ZONE.—The term 

14 ‘‘exclusive economic zone’’ means the Exclusive Eco15 nomic Zone of the United States established by 

16 Presidential Proclamation number 5030, dated 

17 March 10, 1983. 

18 (5) WATERS OF THE UNITED STATES.—The 

19 term ‘‘waters of the United States’’ means the wa20 ters of the territorial sea, the exclusive economic 

21 zone, and the Great Lakes. 

22 (6) GREAT LAKE.—The term ‘‘Great Lake’’ 

23 means— 

24 (A) Lake Erie; 
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1 (B) Lake Huron (including Lake Saint 

2 Clair); 

3 (C) Lake Michigan; 

4 (D) Lake Ontario; and 

5 (E) Lake Superior. 

6 (7) CRUISE VESSEL.— 

7 (A) IN GENERAL.—The term ‘‘cruise ves8 sel’’ means a passenger vessel (as defined in 

9 section 2101(22) of title 46, United States 

10 Code), that— 

11 (i) is authorized to carry at least 250 

12 passengers; and 

13 (ii) has onboard sleeping facilities for 

14 each passenger. 

15 (B) EXCLUSIONS.—The term ‘‘cruise ves16 sel’’ does not include— 

17 (i) a vessel of the United States oper18 ated by the Federal Government; or 

19 (ii) a vessel owned and operated by 

20 the government of a State. 

21 (8) PASSENGER.— 

22 (A) IN GENERAL.—The term ‘‘passenger’’ 

23 means any person on board a cruise vessel for 

24 the purpose of travel. 
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1 (B) INCLUSIONS.—The term ‘‘passenger’’ 

2 includes— 

3 (i) a paying passenger; and 

4 (ii) a staffperson, such as a crew 

5 member, captain, or officer. 

6 (9) PERSON.—The term ‘‘person’’ means— 

7 (A) an individual; 

8 (B) a corporation; 

9 (C) a partnership; 

10 (D) a limited liability company; 

11 (E) an association; 

12 (F) a State; 

13 (G) a municipality; 

14 (H) a commission or political subdivision 

15 of a State; and 

16 (I) an Indian tribe. 

17 (10) CITIZEN.—The term ‘‘citizen’’ means a 

18 person that has an interest that is or may be ad19 versely affected by any provision of this Act. 

20 (11) DISCHARGE.— 

21 (A) IN GENERAL.—The term ‘‘discharge’’ 

22 means a release of any substance, however 

23 caused, from a cruise vessel. 

24 (B) INCLUSIONS.—The term ‘‘discharge’’ 

25 includes any escape, disposal, spilling, leaking, 
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1 pumping, emitting or emptying of any sub2 stance. 

3 (12) SEWAGE.—The term ‘‘sewage’’ means— 

4 (A) human body wastes; 

5 (B) the wastes from toilets and other re6 ceptacles intended to receive or retain human 

7 body wastes; and 

8 (C) sewage sludge. 

9 (13) GRAYWATER.—The term ‘‘graywater’’ 

10 means galley, dishwasher, bath, and laundry waste 

11 water. 

12 (14) BILGE WATER.—The term ‘‘bilge water’’ 

13 means wastewater that includes lubrication oils, 

14 transmission oils, oil sludge or slops, fuel or oil 

15 sludge, used oil, used fuel or fuel filters, or oily 

16 waste. 

17 (15) SEWAGE SLUDGE.— 

18 (A) IN GENERAL.—The term ‘‘sewage 

19 sludge’’ means any solid, semi-solid, or liquid 

20 residue removed during the treatment of munic21 ipal waste water or domestic sewage. 

22 (B) INCLUSIONS.—The term ‘‘sewage 

23 sludge’’ includes— 
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1 (i) solids removed during primary, 

2 secondary, or advanced waste water treat3 ment; 

4 (ii) scum; 

5 (iii) septage; 

6 (iv) portable toilet pumpings; 

7 (v) type III marine sanitation device 

8 pumpings (as defined in part 159 of title 

9 33, Code of Federal Regulations); and 

10 (vi) sewage sludge products. 

11 (C) EXCLUSIONS.—The term ‘‘sewage 

12 sludge’’ does not include— 

13 (i) grit or screenings; or 

14 (ii) ash generated during the inciner15 ation of sewage sludge. 

16 (16) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

17 has the meaning given in section 4 of the Indian 

18 Self-Determination and Education Assistance Act 

19 (25 U.S.C. 450b). 

20 SEC. 4. PROHIBITIONS AND CONDITIONS REGARDING THE 

21 DISCHARGE OF SEWAGE, GRAYWATER, OR 

22 BILGE WATER. 

23 (a) PROHIBITION.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (2) and section 11, no cruise vessel entering 
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1 a port of the United States may discharge sewage, 

2 graywater, or bilge water into the waters of the 

3 United States. 

4 (2) EXCEPTION.—A cruise vessel described in 

5 paragraph (1) may discharge sewage, graywater, or 

6 bilge water into the exclusive economic zone but out7 side the territorial sea, or, in the case of the Great 

8 Lakes, beyond any point that is 12 miles from the 

9 shore, only if— 

10 (A)(i) in the case of a discharge of sewage 

11 or graywater, the discharge meets all applicable 

12 effluent limits established under this Act and is 

13 in accordance with all other applicable laws (in14 cluding regulations); or 

15 (ii) in the case of a discharge of bilge 

16 water, the discharge is in accordance with all 

17 applicable laws (including regulations); 

18 (B) the cruise vessel meets all applicable 

19 management standards established under this 

20 Act; and 

21 (C) the cruise vessel is not discharging in 

22 an area in which the discharge is otherwise pro23 hibited. 

24 (b) SAFETY EXCEPTION.— 
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1 (1) SCOPE OF EXCEPTION.—Subsection (a) 

2 shall not apply in any case in which— 

3 (A) a discharge is made solely for the pur4 pose of securing the safety of the cruise vessel 

5 or saving a human life at sea; and 

6 (B) all reasonable precautions have been 

7 taken for the purpose of preventing or mini8 mizing the discharge. 

9 (2) NOTIFICATION OF COMMANDANT.— 

10 (A) IN GENERAL.—If the owner, operator, 

11 or master, or other individual in charge, of a 

12 cruise vessel authorizes a discharge described in 

13 paragraph (1), the individual shall notify the 

14 Commandant of the decision to authorize the 

15 discharge as soon as practicable, but not later 

16 than 24 hours, after authorizing the discharge. 

17 (B) REPORT.—Not later than 7 days after 

18 the date on which an individual described in 

19 subparagraph (A) notifies the Commandant of 

20 an authorization of a discharge under the safety 

21 exception under this paragraph, the individual 

22 shall submit to the Commandant a report that 

23 includes— 
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1 (i) the quantity and composition of 

2 each discharge made under the safety ex3 ception; 

4 (ii) the reason for authorizing each 

5 discharge; 

6 (iii) the location of the vessel during 

7 the course of each discharge; and 

8 (iv) such other supporting information 

9 and data as are requested by the Com10 mandant. 

11 SEC. 5. EFFLUENT LIMITS FOR DISCHARGES OF SEWAGE 

12 AND GRAYWATER. 

13 (a) EFFLUENT LIMITS.— 

14 (1) IN GENERAL.—Not later than 3 years after 

15 the date of enactment of this Act, the Commandant 

16 and the Administrator shall jointly promulgate efflu17 ent limits for sewage and graywater discharges from 

18 cruise vessels entering ports of the United States. 

19 (2) REQUIREMENTS.—The effluent limits 

20 shall— 

21 (A) require the application of the best 

22 available technology that will result in the 

23 greatest level of effluent reduction achievable, 

24 recognizing that the national goal is the elimi25 nation of the discharge of all pollutants in sew-
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•S 2271 IS 

1 age and graywater by cruise vessels into the wa2 ters of the United States by 2015; and 

3 (B) require compliance with all relevant 

4 water quality criteria standards. 

5 (b) MINIMUM LIMITS.—The effluent limits under 

6 subsection (a) shall require, at a minimum, that treated 

7 sewage and graywater effluent discharges from cruise ves8 sels shall, not later than 3 years after the date of enact9 ment of this Act, meet the following standards: 

10 (1) IN GENERAL.—The discharge satisfies the 

11 minimum level of effluent quality specified in section 

12 133.102 of title 40, Code of Regulations (or a suc13 cessor regulation). 

14 (2) FECAL COLIFORM.—With respect to the 

15 samples from the discharge during any 30-day pe16 riod— 

17 (A) the geometric mean of the samples 

18 shall not exceed 20 fecal coliform per 100 milli19 liters; and 

20 (B) not more than 10 percent of the sam21 ples shall exceed 40 fecal coliform per 100 milli22 liters. 

23 (3) RESIDUAL CHLORINE.—Concentrations of 

24 total residual chlorine in samples shall not exceed 10 

25 milligrams per liter. 
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1 (c) REVIEW AND REVISION OF EFFLUENT LIMITS.— 

2 The Commandant and the Administrator shall jointly— 

3 (1) review the effluent limits required by sub4 section (a) at least once every 3 years; and 

5 (2) revise the effluent limits as necessary to in6 corporate technology available at the time of the re7 view in accordance with subsection (a)(2). 

8 SEC. 6. INSPECTION AND SAMPLING. 

9 (a) DEVELOPMENT AND IMPLEMENTATION OF IN10 SPECTION PROGRAM.— 

11 (1) IN GENERAL.—The Commandant, in con12 sultation with the Administrator, shall promulgate 

13 regulations to implement an inspection, sampling, 

14 and testing program sufficient to verify that cruise 

15 vessels calling on ports of the United States are in 

16 compliance with— 

17 (A) this Act (including regulations promul18 gated under this Act); 

19 (B) the Federal Water Pollution Control 

20 Act (33 U.S.C. 1251 et seq.) (including regula21 tions promulgated under that Act); 

22 (C) other applicable Federal laws and reg23 ulations; and 

24 (D) all applicable requirements of inter25 national agreements. 
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1 (2) INSPECTIONS.—The program shall require 

2 that— 

3 (A) regular announced and unannounced 

4 inspections be conducted of any relevant aspect 

5 of cruise vessel operations, equipment, or dis6 charges, including sampling and testing of 

7 cruise vessel discharges; and 

8 (B) each cruise vessel that calls on a port 

9 of the United States shall be subject to an un10 announced inspection at least annually. 

11 (b) REGULATIONS.—Not later than 1 year after the 

12 date of enactment of this Act, the Commandant, in con13 sultation with the Administrator, shall promulgate regula14 tions that, at a minimum— 

15 (1) require the owner, operator, or master, or 

16 other individual in charge, of a cruise vessel to main17 tain and produce a logbook detailing the times, 

18 types, volumes, and flow rates, origins, and locations 

19 of any discharges from the cruise vessel; 

20 (2) provide for routine announced and unan21 nounced inspections of— 

22 (A) cruise vessel environmental compliance 

23 records and procedures; and 

24 (B) the functionality and proper operation 

25 of installed equipment for abatement and con-
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1 trol of any cruise vessel discharge (which equip2 ment shall include equipment intended to treat 

3 sewage, graywater, or bilge water); 

4 (3) require the sampling and testing of cruise 

5 vessel discharges that require the owner, operator, 

6 or master, or other individual in charge, of a cruise 

7 vessel— 

8 (A) to conduct that sampling or testing; 

9 and 

10 (B) to produce any records of the sampling 

11 or testing; 

12 (4) require any owner, operator, or master, or 

13 other individual in charge, of a cruise vessel who has 

14 knowledge of a discharge from the cruise vessel in 

15 violation of this Act (including regulations promul16 gated under this Act) to immediately report that dis17 charge to the Commandant (who shall provide notifi18 cation of the discharge to the Administrator); and 

19 (5) require the owner, operator, or master, or 

20 other individual in charge, of a cruise vessel to pro21 vide to the Commandant and Administrator a blue22 print of each cruise vessel that includes the location 

23 of every discharge pipe and valve. 

24 (c) EVIDENCE OF COMPLIANCE.— 

25 (1) VESSEL OF THE UNITED STATES.— 
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1 (A) IN GENERAL.—A cruise vessel reg2 istered in the United States to which this Act 

3 applies shall have a certificate of inspection 

4 issued by the Commandant. 

5 (B) ISSUANCE OF CERTIFICATE.—The 

6 Commandant may issue a certificate described 

7 in subparagraph (A) only after the cruise vessel 

8 has been examined and found to be in compli9 ance with this Act, including prohibitions on 

10 discharges and requirements for effluent limits, 

11 as determined by the Commandant. 

12 (C) VALIDITY OF CERTIFICATE.—A certifi13 cate issued under this paragraph— 

14 (i) shall be valid for a period of not 

15 more than 5 years, beginning on the date 

16 of issuance of the certificate; 

17 (ii) may be renewed as specified by 

18 the Commandant; and 

19 (iii) shall be suspended or revoked if 

20 the Commandant determines that the 

21 cruise vessel for which the certificate was 

22 issued is not in compliance with the condi23 tions under which the certificate was 

24 issued. 
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1 (D) SPECIAL CERTIFICATES.—The Com2 mandant may issue special certificates to cer3 tain vessels that exhibit compliance with this 

4 Act and other best practices, as determined by 

5 the Commandant. 

6 (2) FOREIGN VESSEL.— 

7 (A) IN GENERAL.—A cruise vessel reg8 istered in a country other than the United 

9 States to which this Act applies may operate in 

10 the waters of the United States, or visit a port 

11 or place under the jurisdiction of the United 

12 States, only if the cruise vessel has been issued 

13 a certificate of compliance by the Commandant. 

14 (B) ISSUANCE OF CERTIFICATE.—The 

15 Commandant may issue a certificate described 

16 in subparagraph (A) to a cruise vessel only 

17 after the cruise vessel has been examined and 

18 found to be in compliance with this Act, includ19 ing prohibitions on discharges and requirements 

20 for effluent limits, as determined by the Com21 mandant. 

22 (C) ACCEPTANCE OF FOREIGN DOCU23 MENTATION.—The Commandant may consider 

24 a certificate, endorsement, or document issued 

25 by the government of a foreign country under 
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1 a treaty, convention, or other international 

2 agreement to which the United States is a 

3 party, in issuing a certificate of compliance 

4 under this paragraph (except that such a cer5 tificate, endorsement, or document shall not 

6 serve as a proxy for certification of compliance 

7 with this Act). 

8 (D) VALIDITY OF CERTIFICATE.—A certifi9 cate issued under this section— 

10 (i) shall be valid for a period of not 

11 more than 24 months, beginning on the 

12 date of issuance of the certificate; 

13 (ii) may be renewed as specified by 

14 the Commandant; and 

15 (iii) shall be suspended or revoked if 

16 the Commandant determines that the 

17 cruise vessel for which the certificate was 

18 issued is not in compliance with the condi19 tions under which the certificate was 

20 issued. 

21 (d) CRUISE OBSERVER PILOT PROGRAM.— 

22 (1) IN GENERAL.—Not later than 1 year after 

23 the date of enactment of this Act, the Commandant 

24 shall establish, and for each of fiscal years 2005 

25 through 2007, shall carry out, a program for the 
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1 placement of 2 or more independent observers on 

2 cruise vessels for the purpose of monitoring and in3 specting cruise vessel operations, equipment, and 

4 discharges to ensure compliance with— 

5 (A) this Act (including regulations promul6 gated under this Act); and 

7 (B) all other relevant Federal laws (includ8 ing regulations) and international agreements. 

9 (2) RESPONSIBILITIES.—An observer described 

10 in paragraph (1) shall— 

11 (A) observe and inspect— 

12 (i) onboard environmental treatment 

13 systems; 

14 (ii) use of shore-based treatment and 

15 storage facilities; 

16 (iii) discharges and discharge prac17 tices; and 

18 (iv) blueprints, logbooks, and other 

19 relevant information; 

20 (B) have the authority to interview and 

21 otherwise query any crew member with knowl22 edge of vessel operations; 

23 (C) have access to all data and information 

24 made available to government officials under 

25 this section; and 
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1 (D) immediately report any known or sus2 pected violation of this Act or any other appli3 cable Federal law or international agreement 

4 to— 

5 (i) the Coast Guard; and 

6 (ii) the Environmental Protection 

7 Agency. 

8 (3) REPORT.—Not later than January 31, 

9 2007, the Commandant shall submit to Congress a 

10 report describing the results, and recommendations 

11 for continuance, of the program under this sub12 section. 

13 (e) ONBOARD MONITORING SYSTEM PILOT PRO14 GRAM.— 

15 (1) IN GENERAL.—Not later than 1 year after 

16 the date of enactment of this Act, the Administrator 

17 of the National Oceanic and Atmospheric Adminis18 tration, in consultation with the Administrator and 

19 the Commandant, shall establish, and for each of fis20 cal years 2005 through 2010, shall carry out, with 

21 industry partners as necessary, a pilot program to 

22 develop and promote commercialization of tech23 nologies to provide real-time data to Federal agen24 cies regarding— 
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1 (A) graywater and sewage discharges from 

2 cruise vessels; and 

3 (B) functioning of cruise vessel compo4 nents relating to pollution control. 

5 (2) TECHNOLOGY REQUIREMENTS.—Tech6 nologies developed under the program under this 

7 subsection— 

8 (A) shall have the ability to record— 

9 (i) the location and time of discharges 

10 from cruise vessels; 

11 (ii) the source, content, and volume of 

12 those discharges; and 

13 (iii) the state of components relating 

14 to pollution control at the time of the dis15 charges, including whether the components 

16 are operating correctly; and 

17 (B) shall be tested on not less than 10 per18 cent of all cruise vessels operating in the terri19 torial sea of the United States, including large 

20 and small vessels. 

21 (3) PARTICIPATION OF INDUSTRY.— 

22 (A) COMPETITIVE SELECTION PROCESS.— 

23 Industry partners willing to participate in the 

24 program may do so through a competitive selec25 tion process conducted by the Administrator of 
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1 the National Oceanic and Atmospheric Admin2 istration. 

3 (B) CONTRIBUTION.—A selected industry 

4 partner shall contribute not less than 20 per5 cent of the cost of the project in which the in6 dustry partner participates. 

7 (4) REPORT.—Not later than January 31, 

8 2007, the Administrator of the National Oceanic 

9 and Atmospheric Administration shall submit to 

10 Congress a report describing the results, and rec11 ommendations for continuance, of the program 

12 under this subsection. 

13 SEC. 7. EMPLOYEE PROTECTION. 

14 (a) PROHIBITION OF DISCRIMINATION AGAINST PER15 SONS FILING, INSTITUTING, OR TESTIFYING IN PRO16 CEEDINGS UNDER THIS ACT.—No person shall terminate 

17 the employment of, or in any other way discriminate 

18 against (or cause the termination of employment of or dis19 crimination against), any employee or any authorized rep20 resentative of employees by reason of the fact that the em21 ployee or representative— 

22 (1) has filed, instituted, or caused to be filed or 

23 instituted any proceeding under this Act; or 
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1 (2) has testified or is about to testify in any 

2 proceeding resulting from the administration or en3 forcement of the provisions of this Act. 

4 (b) APPLICATION FOR REVIEW; INVESTIGATION; 

5 HEARINGS; REVIEW.— 

6 (1) IN GENERAL.—An employee or a represent7 ative of employees who believes that the termination 

8 of the employment of the employee has occurred, or 

9 that the employee has been discriminated against, as 

10 a result of the actions of any person in violation of 

11 subsection (a) may, not later than 30 days after the 

12 date on which the alleged violation occurred, apply 

13 to the Secretary of Labor for a review of the alleged 

14 termination of employment or discrimination. 

15 (2) APPLICATION.—A copy of an application for 

16 review filed under paragraph (1) shall be sent to the 

17 respondent. 

18 (3) INVESTIGATION.— 

19 (A) IN GENERAL.—On receipt of an appli20 cation for review under paragraph (1), the Sec21 retary of Labor shall carry out an investigation 

22 of the complaint. 

23 (B) REQUIREMENTS.—In carrying out this 

24 subsection, the Secretary of Labor shall— 
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1 (i) provide an opportunity for a public 

2 hearing at the request of any party to the 

3 review to enable the parties to present in4 formation relating to the alleged violation; 

5 (ii) ensure that, at least 5 days before 

6 the date of the hearing, each party to the 

7 hearing is provided written notice of the 

8 time and place of the hearing; and 

9 (iii) ensure that the hearing is on the 

10 record and subject to section 554 of title 

11 5, United States Code. 

12 (C) FINDINGS OF COMMANDANT.—On 

13 completion of an investigation under this para14 graph, the Secretary of Labor shall— 

15 (i) make findings of fact; 

16 (ii) if the Secretary of Labor deter17 mines that a violation did occur, issue a 

18 decision, incorporating an order and the 

19 findings, requiring the person that com20 mitted the violation to take such action as 

21 is necessary to abate the violation, includ22 ing the rehiring or reinstatement, with 

23 compensation, of an employee or represent24 ative of employees to the former position of 

25 the employee or representative; and 
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1 (iii) if the Secretary of Labor deter2 mines that there was no violation, issue an 

3 order denying the application. 

4 (D) ORDER.—An order issued by the Sec5 retary of Labor under subparagraph (C) shall 

6 be subject to judicial review in the same man7 ner as orders and decisions of the Adminis8 trator are subject to judicial review under this 

9 Act. 

10 (c) COSTS AND EXPENSES.—In any case in which an 

11 order is issued under this section to abate a violation, at 

12 the request of the applicant, a sum equal to the aggregate 

13 amount of all costs and expenses (including attorney’s 

14 fees), as determined by the Secretary of Labor, to have 

15 been reasonably incurred by the applicant for, or in con16 nection with, the institution and prosecution of the pro17 ceedings, shall be assessed against the person committing 

18 the violation. 

19 (d) DELIBERATE VIOLATIONS BY EMPLOYEE ACTING

20 WITHOUT DIRECTION FROM EMPLOYER OR AGENT.— 

21 This section shall not apply to any employee that, without 

22 direction from the employer of the employee (or agent of 

23 the employer), deliberately violates any provision of this 

24 Act. 
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1 SEC. 8. JUDICIAL REVIEW. 

2 (a) REVIEW OF ACTIONS BY ADMINISTRATOR OR

3 COMMANDANT; SELECTION OF COURT; FEES.— 

4 (1) REVIEW OF ACTIONS.— 

5 (A) IN GENERAL.—Any interested person 

6 may petition for a review, in the United States 

7 circuit court for the circuit in which the person 

8 resides or transacts business directly affected 

9 by the action of which review is requested— 

10 (i) of an action of the Commandant in 

11 promulgating any effluent limit under sec12 tion 5; or 

13 (ii) of an action of the Commandant 

14 in carrying out an inspection, sampling, or 

15 testing under section 6. 

16 (B) DEADLINE FOR REVIEW.—A petition 

17 for review under subparagraph (A) shall be 

18 made— 

19 (i) not later than 120 days after the 

20 date of promulgation of the limit or stand21 ard relating to the review sought; or 

22 (ii) if the petition for review is based 

23 solely on grounds that arose after the date 

24 described in clause (i), as soon as prac25 ticable after that date. 
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1 (2) CIVIL AND CRIMINAL ENFORCEMENT PRO2 CEEDINGS.—An action of the Commandant or Ad3 ministrator with respect to which review could have 

4 been obtained under paragraph (1) shall not be sub5 ject to judicial review in any civil or criminal pro6 ceeding for enforcement. 

7 (3) AWARD OF FEES.—In any judicial pro8 ceeding under this subsection, a court may award 

9 costs of litigation (including reasonable attorney and 

10 expert witness fees) to any prevailing or substan11 tially prevailing party in any case in which the court 

12 determines such an award to be appropriate. 

13 (b) ADDITIONAL EVIDENCE.— 

14 (1) IN GENERAL.—In any judicial proceeding 

15 instituted under subsection (a) in which review is 

16 sought of a determination under this Act required to 

17 be made on the record after notice and opportunity 

18 for hearing, if any party applies to the court for 

19 leave to adduce additional evidence, and dem20 onstrates to the satisfaction of the court that the ad21 ditional evidence is material and that there were rea22 sonable grounds for the failure to adduce the evi23 dence in the proceeding before the Commandant or 

24 Administrator, the court may order the additional 

25 evidence (and evidence in rebuttal of the additional 
29 

•S 2271 IS 

1 evidence) to be taken before the Commandant or Ad2 ministrator, in such manner and on such terms and 

3 conditions as the court determines to be appropriate. 

4 (2) MODIFICATION OF FINDINGS.—On admis5 sion of additional evidence under paragraph (1), the 

6 Commandant or Administrator— 

7 (A) may modify findings of fact of the 

8 Commandant or Administrator, as the case may 

9 be, relating to a judicial proceeding, or make 

10 new findings of fact, by reason of the additional 

11 evidence so admitted; and 

12 (B) shall file with the return of the addi13 tional evidence any modified or new findings, 

14 and any related recommendations, for the modi15 fication or setting aside of any original deter16 minations of the Commandant or Adminis17 trator. 

18 SEC. 9. ENFORCEMENT. 

19 (a) IN GENERAL.—Any person that violates section 

20 4 or any regulation promulgated under this Act may be— 

21 (1) assessed a class I or class II penalty de22 scribed in subsection (b); or 

23 (2) assessed a civil penalty in a civil action 

24 under subsection (c). 

25 (b) AMOUNT OF ADMINISTRATIVE PENALTY.— 
30 

•S 2271 IS 

1 (1) CLASS I.—The amount of a class I civil 

2 penalty under subsection (a)(1) shall not exceed— 

3 (A) $10,000 per violation; or 

4 (B) $25,000 in the aggregate, in the case 

5 of multiple violations. 

6 (2) CLASS II.—The amount of a class II civil 

7 penalty under subsection (a)(1) shall not exceed— 

8 (A) $10,000 per day for each day during 

9 which the violation continues; or 

10 (B) $125,000 in the aggregate, in the case 

11 of multiple violations. 

12 (3) SEPARATE VIOLATIONS.—Each day on 

13 which a violation continues shall constitute a sepa14 rate violation. 

15 (4) DETERMINATION OF AMOUNT.—In deter16 mining the amount of a civil penalty under sub17 section (a)(1), the Commandant or the court, as the 

18 case may be, shall consider— 

19 (A) the seriousness of the violation; 

20 (B) any economic benefit resulting from 

21 the violation; 

22 (C) any history of violations; 

23 (D) any good-faith efforts to comply with 

24 the applicable requirements; 
31 

•S 2271 IS 

1 (E) the economic impact of the penalty on 

2 the violator; and 

3 (F) such other matters as justice may re4 quire. 

5 (5) PROCEDURE FOR CLASS I PENALTY.— 

6 (A) IN GENERAL.—Before assessing a civil 

7 penalty under this subsection, the Commandant 

8 shall provide to the person to be assessed the 

9 penalty— 

10 (i) written notice of the proposal of 

11 the Commandant to assess the penalty; 

12 and 

13 (ii) the opportunity to request, not 

14 later than 30 days after the date on which 

15 the notice is received by the person, a 

16 hearing on the proposed penalty. 

17 (B) HEARING.—A hearing described in 

18 subparagraph (A)(ii)— 

19 (i) shall not be subject to section 554 

20 or 556 of title 5, United States Code; but 

21 (ii) shall provide a reasonable oppor22 tunity to be heard and to present evidence. 

23 (6) PROCEDURE FOR CLASS II PENALTY.— 

24 (A) IN GENERAL.—Except as otherwise 

25 provided in this subsection, a class II civil pen-
32 

•S 2271 IS 

1 alty shall be assessed and collected in the same 

2 manner, and subject to the same provisions, as 

3 in the case of civil penalties assessed and col4 lected after notice and an opportunity for a 

5 hearing on the record in accordance with sec6 tion 554 of title 5, United States Code. 

7 (B) RULES.—The Commandant may pro8 mulgate rules for discovery procedures for hear9 ings under this subsection. 

10 (7) RIGHTS OF INTERESTED PERSONS.— 

11 (A) PUBLIC NOTICE.—Before issuing an 

12 order assessing a class II civil penalty under 

13 this subsection, the Commandant shall provide 

14 public notice of and reasonable opportunity to 

15 comment on the proposed issuance of each 

16 order. 

17 (B) PRESENTATION OF EVIDENCE.— 

18 (i) IN GENERAL.—Any person that 

19 comments on a proposed assessment of a 

20 class II civil penalty under this subsection 

21 shall be given notice of— 

22 (I) any hearing held under this 

23 subsection; and 

24 (II) any order assessing the pen25 alty. 
33 

•S 2271 IS 

1 (ii) HEARING.—In any hearing de2 scribed in clause (i)(I), a person described 

3 in clause (i) shall have a reasonable oppor4 tunity to be heard and to present evidence. 

5 (C) RIGHTS OF INTERESTED PERSONS TO

6 A HEARING.— 

7 (i) IN GENERAL.—If no hearing is 

8 held under subparagraph (B) before the 

9 date of issuance of an order assessing a 

10 class II civil penalty under this subsection, 

11 any person that commented on the pro12 posed assessment may, not later than 30 

13 days after the date of issuance of the 

14 order, petition the Commandant— 

15 (I) to set aside the order; and 

16 (II) to provide a hearing on the 

17 penalty. 

18 (ii) NEW EVIDENCE.—If any evidence 

19 presented by a petitioner in support of the 

20 petition under clause (i) is material and 

21 was not considered in the issuance of the 

22 order, as determined by the Commandant, 

23 the Commandant shall immediately— 

24 (I) set aside the order; and 
34 

•S 2271 IS 

1 (II) provide a hearing in accord2 ance with subparagraph (B)(ii). 

3 (iii) DENIAL OF HEARING.—If the 

4 Commandant denies a hearing under this 

5 subparagraph, the Commandant shall pro6 vide to the petitioner, and publish in the 

7 Federal Register, notice of and the reasons 

8 for the denial. 

9 (8) FINALITY OF ORDER.— 

10 (A) IN GENERAL.—An order assessing a 

11 class II civil penalty under this subsection shall 

12 become final on the date that is 30 days after 

13 the date of issuance of the order unless, before 

14 that date— 

15 (i) a petition for judicial review is 

16 filed under paragraph (10); or 

17 (ii) a hearing is requested under para18 graph (7)(C). 

19 (B) DENIAL OF HEARING.—If a hearing is 

20 requested under paragraph (7)(C) and subse21 quently denied, an order assessing a class II 

22 civil penalty under this subsection shall become 

23 final on the date that is 30 days after the date 

24 of the denial. 
35 

•S 2271 IS 

1 (9) EFFECT OF ACTION ON COMPLIANCE.—No 

2 action by the Commandant under this subsection 

3 shall affect the obligation of any person to comply 

4 with any provision of this Act. 

5 (10) JUDICIAL REVIEW.— 

6 (A) IN GENERAL.—Any person against 

7 which a civil penalty is assessed under this sub8 section, or that commented on the proposed as9 sessment of such a penalty in accordance with 

10 paragraph (7), may obtain review of the assess11 ment in a court described in subparagraph (B) 

12 by— 

13 (i) filing a notice of appeal with the 

14 court within the 30-day period beginning 

15 on the date on which the civil penalty 

16 order is issued; and 

17 (ii) simultaneously sending a copy of 

18 the notice by certified mail to the Com19 mandant and the Attorney General. 

20 (B) COURTS OF JURISDICTION.—Review of 

21 an assessment under subparagraph (A) may be 

22 obtained by a person— 

23 (i) in the case of assessment of a class 

24 I civil penalty, in— 
36 

•S 2271 IS 

1 (I) the United States District 

2 Court for the District of Columbia; or 

3 (II) the United States district 

4 court for the district in which the vio5 lation occurred; or 

6 (ii) in the case of assessment of a 

7 class II civil penalty, in— 

8 (I) the United States Court of 

9 Appeals for the District of Columbia 

10 Circuit; or 

11 (II) the United States circuit 

12 court for any other circuit in which 

13 the person resides or transacts busi14 ness. 

15 (C) COPY OF RECORD.—On receipt of no16 tice under subparagraph (A)(ii), the Com17 mandant, shall promptly file with the appro18 priate court a certified copy of the record on 

19 which the order assessing a civil penalty that is 

20 the subject of the review was issued. 

21 (D) SUBSTANTIAL EVIDENCE.—A court 

22 with jurisdiction over a review under this para23 graph— 
37 

•S 2271 IS 

1 (i) shall not set aside or remand an 

2 order described in subparagraph (C) un3 less— 

4 (I) there is not substantial evi5 dence in the record, taken as a whole, 

6 to support the finding of a violation; 

7 or 

8 (II) the assessment by the Com9 mandant of the civil penalty con10 stitutes an abuse of discretion; and 

11 (ii) shall not impose additional civil 

12 penalties for the same violation unless the 

13 assessment by the Commandant of the civil 

14 penalty constitutes an abuse of discretion. 

15 (11) COLLECTION.— 

16 (A) IN GENERAL.—If any person fails to 

17 pay an assessment of a civil penalty after the 

18 assessment has become final, or after a court in 

19 a proceeding under paragraph (10) has entered 

20 a final judgment in favor of the Commandant, 

21 the Commandant shall request the Attorney 

22 General to bring a civil action in an appropriate 

23 district court to recover— 

24 (i) the amount assessed; and 
38 

•S 2271 IS 

1 (ii) interest that has accrued on the 

2 amount assessed, as calculated at currently 

3 prevailing rates beginning on the date of 

4 the final order or the date of the final 

5 judgment, as the case may be. 

6 (B) NONREVIEWABILITY.—In an action to 

7 recover an assessed civil penalty under subpara8 graph (A), the validity, amount, and appro9 priateness of the civil penalty shall not be sub10 ject to judicial review. 

11 (C) FAILURE TO PAY PENALTY.—Any per12 son that fails to pay, on a timely basis, the 

13 amount of an assessment of a civil penalty 

14 under subparagraph (A) shall be required to 

15 pay, in addition to the amount of the civil pen16 alty and accrued interest— 

17 (i) attorney’s fees and other costs for 

18 collection proceedings; and 

19 (ii) for each quarter during which the 

20 failure to pay persists, a quarterly non21 payment penalty in an amount equal to 20 

22 percent of the aggregate amount of the as23 sessed civil penalties and nonpayment pen24 alties of the person that are unpaid as of 

25 the beginning of the quarter. 
39 

•S 2271 IS 

1 (12) SUBPOENAS.— 

2 (A) IN GENERAL.—The Commandant may 

3 issue subpoenas for the attendance and testi4 mony of witnesses and the production of rel5 evant papers, books, or documents in connec6 tion with hearings under this subsection. 

7 (B) REFUSAL TO OBEY.—In case of contu8 macy or refusal to obey a subpoena issued 

9 under this paragraph and served on any per10 son— 

11 (i) the United States district court for 

12 any district in which the person is found, 

13 resides, or transacts business, on applica14 tion by the United States and after notice 

15 to the person, shall have jurisdiction to 

16 issue an order requiring the person to ap17 pear and give testimony before the Com18 mandant or to appear and produce docu19 ments before the Commandant; and 

20 (ii) any failure to obey such an order 

21 of the court may be punished by the court 

22 as a contempt of the court. 

23 (c) CIVIL ACTION.—The Commandant may com24 mence, in the United States district court for the district 

25 in which the defendant is located, resides, or transacts 
40 

•S 2271 IS 

1 business, a civil action to impose a civil penalty under this 

2 subsection in an amount not to exceed $25,000 for each 

3 day of violation. 

4 (d) CRIMINAL PENALTIES.— 

5 (1) NEGLIGENT VIOLATIONS.—A person that 

6 negligently violates section 4 or any regulation pro7 mulgated under this Act commits a Class A mis8 demeanor. 

9 (2) KNOWING VIOLATIONS.—Any person that 

10 knowingly violates section 4 or any regulation pro11 mulgated under this Act commits a Class D felony. 

12 (3) FALSE STATEMENTS.—Any person that 

13 knowingly makes any false statement, representa14 tion, or certification in any record, report, or other 

15 document filed or required to be maintained under 

16 this Act or any regulation promulgated under this 

17 Act, or that falsifies, tampers with, or knowingly 

18 renders inaccurate any testing or monitoring device 

19 or method required to be maintained under this Act 

20 or any regulation promulgated under this Act, com21 mits a Class D felony. 

22 (e) REWARDS.— 

23 (1) PAYMENTS TO INDIVIDUALS.— 

24 (A) IN GENERAL.—The Commandant or 

25 the court, as the case may be, may order pay-
41 

•S 2271 IS 

1 ment, from a civil penalty or criminal fine col2 lected under this section, of an amount not to 

exceed 1 3 ⁄2 of the civil penalty or fine, to any in4 dividual who furnishes information that leads to 

5 the payment of the civil penalty or criminal 

6 fine. 

7 (B) MULTIPLE INDIVIDUALS.—If 2 or 

8 more individuals provide information described 

9 in subparagraph (A), the amount available for 

10 payment as a reward shall be divided equitably 

11 among the individuals. 

12 (C) INELIGIBLE INDIVIDUALS.—No officer 

13 or employee of the United States, a State, or an 

14 Indian tribe who furnishes information or ren15 ders service in the performance of the official 

16 duties of the officer or employee shall be eligible 

17 for a reward payment under this subsection. 

18 (2) PAYMENTS TO STATES OR INDIAN

19 TRIBES.—The Commandant or the court, as the 

20 case may be, may order payment, from a civil pen21 alty or criminal fine collected under this section, to 

22 a State or Indian tribe providing information or in23 vestigative assistance that leads to payment of the 

24 penalty or fine, of an amount that reflects the level 

25 of information or investigative assistance provided. 
42 

•S 2271 IS 

1 (3) PAYMENTS DIVIDED AMONG STATES, IN2 DIAN TRIBES, AND INDIVIDUALS.—In a case in 

3 which a State or Indian tribe and an individual 

4 under paragraph (1) are eligible to receive a reward 

5 payment under this subsection, the Commandant or 

6 the court shall divide the amount available for the 

7 reward equitably among those recipients. 

8 (f) LIABILITY IN REM.—A cruise vessel operated in 

9 violation of this Act or any regulation promulgated under 

10 this Act— 

11 (1) shall be liable in rem for any civil penalty 

12 or criminal fine imposed under this section; and 

13 (2) may be subject to a proceeding instituted in 

14 the United States district court for any district in 

15 which the cruise vessel may be found. 

16 (g) COMPLIANCE ORDERS.— 

17 (1) IN GENERAL.—If the Commandant deter18 mines that any person is in violation of section 4 or 

19 any regulation promulgated under this Act, the 

20 Commandant shall— 

21 (A) issue an order requiring the person to 

22 comply with the section or requirement; or 

23 (B) bring a civil action in accordance with 

24 subsection (b). 

25 (2) COPIES OF ORDER, SERVICE.— 
43 

•S 2271 IS 

1 (A) CORPORATE ORDERS.—In any case in 

2 which an order under this subsection is issued 

3 to a corporation, a copy of the order shall be 

4 served on any appropriate corporate officer. 

5 (B) METHOD OF SERVICE; SPECIFICA6 TIONS.—An order issued under this subsection 

7 shall— 

8 (i) be by personal service; 

9 (ii) state with reasonable specificity 

10 the nature of the violation for which the 

11 order was issued; and 

12 (iii) specify a deadline for compliance 

13 that is not later than— 

14 (I) 30 days after the date of 

15 issuance of the order, in the case of a 

16 violation of an interim compliance 

17 schedule or operation and mainte18 nance requirement; and 

19 (II) such date as the Com20 mandant, taking into account the seri21 ousness of the violation and any good 

22 faith efforts to comply with applicable 

23 requirements, determines to be rea24 sonable, in the case of a violation of 

25 a final deadline. 
44 

•S 2271 IS 

1 (h) CIVIL ACTIONS.— 

2 (1) IN GENERAL.—The Commandant may com3 mence a civil action for appropriate relief, including 

4 a permanent or temporary injunction, for any viola5 tion for which the Commandant is authorized to 

6 issue a compliance order under this subsection. 

7 (2) COURT OF JURISDICTION.— 

8 (A) IN GENERAL.—A civil action under 

9 this subsection may be brought in the United 

10 States district court for the district in which 

11 the defendant is located, resides, or is doing 

12 business. 

13 (B) JURISDICTION.—A court described in 

14 subparagraph (A) shall have jurisdiction to 

15 grant injunctive relief to address a violation, 

16 and require compliance, by the defendant. 

17 SEC. 10. CITIZEN SUITS. 

18 (a) AUTHORIZATION.—Except as provided in sub19 section (c), any citizen may commence a civil action on 

20 his or her own behalf— 

21 (1) against any person (including the United 

22 States and any other governmental instrumentality 

23 or agency to the extent permitted by the eleventh 

24 amendment of the Constitution) that is alleged to be 

25 in violation of— 
45 

•S 2271 IS 

1 (A) the conditions imposed by section 4; 

2 (B) an effluent limit or management 

3 standard under this Act; or 

4 (C) an order issued by the Administrator 

5 or Commandant with respect to such a condi6 tion, effluent limit, or performance standard; or 

7 (2) against the Administrator or Commandant, 

8 in a case in which there is alleged a failure by the 

9 Administrator or Commandant to perform any non10 discretionary act or duty under this Act. 

11 (b) JURISDICTION.—The United States district 

12 courts shall have jurisdiction, without regard to the 

13 amount in controversy or the citizenship of the parties— 

14 (1) to enforce a condition, effluent limit, per15 formance standard, or order described in subsection 

16 (a)(1); 

17 (2) to order the Administrator or Commandant 

18 to perform a nondiscretionary act or duty described 

19 in subsection (a)(2); and 

20 (3) to apply any appropriate civil penalties 

21 under section 9(b). 

22 (c) NOTICE.—No action may be commenced under 

23 this section— 
46 

•S 2271 IS 

1 (1) before the date that is 60 days after the 

2 date on which the plaintiff gives notice of the alleged 

3 violation— 

4 (A) to the Administrator or Commandant; 

5 and 

6 (B) to any alleged violator of the condition, 

7 limit, standard, or order; or 

8 (2) if the Administrator or Commandant has 

9 commenced and is diligently prosecuting a civil or 

10 criminal action on the same matter in a court of the 

11 United States (but in any such action, a citizen may 

12 intervene as a matter of right). 

13 (d) VENUE.— 

14 (1) IN GENERAL.—Any civil action under this 

15 section shall be brought in— 

16 (A) the United States District Court for 

17 the District of Columbia; or 

18 (B) any other United States district court 

19 for any judicial district in which a cruise vessel 

20 or the owner or operator of a cruise vessel are 

21 located. 

22 (2) INTERVENTION.—In a civil action under 

23 this section, the Administrator or the Commandant, 

24 if not a party, may intervene as a matter of right. 

25 (3) PROCEDURES.— 
47 

•S 2271 IS 

1 (A) SERVICE.—In any case in which a civil 

2 action is brought under this section in a court 

3 of the United States, the plaintiff shall serve a 

4 copy of the complaint on— 

5 (i) the Attorney General; 

6 (ii) the Administrator; and 

7 (iii) the Commandant. 

8 (B) CONSENT JUDGMENTS.—No consent 

9 judgment shall be entered in a civil action 

10 under this section to which the United States is 

11 not a party before the date that is 45 days after 

12 the date of receipt of a copy of the proposed 

13 consent judgment by— 

14 (i) the Attorney General; 

15 (ii) the Administrator; and 

16 (iii) the Commandant. 

17 (e) LITIGATION COSTS.— 

18 (1) IN GENERAL.—A court of jurisdiction, in 

19 issuing any final order in any civil action brought in 

20 accordance with this section, may award costs of liti21 gation (including reasonable attorney’s and expert 

22 witness fees) to any prevailing or substantially pre23 vailing party, in any case in which the court deter24 mines that such an award is appropriate. 
48 

•S 2271 IS 

1 (2) SECURITY.—In any civil action under this 

2 section, the court of jurisdiction may, if a temporary 

3 restraining order or preliminary injunction is sought, 

4 require the filing of a bond or equivalent security in 

5 accordance with the Federal Rules of Civil Proce6 dure. 

7 (f) STATUTORY OR COMMON LAW RIGHTS NOT RE8 STRICTED.—Nothing in this section restricts the rights of 

9 any person (or class of persons) under any statute or com10 mon law to seek enforcement or other relief (including re11 lief against the Administrator or Commandant). 

12 (g) CIVIL ACTION BY STATE GOVERNORS.—A Gov13 ernor of a State may commence a civil action under sub14 section (a) of this section, without regard to the limitation 

15 under subsection (c), against the Administrator or Com16 mandant in any case in which there is alleged a failure 

17 of the Administrator or Commandant to enforce an efflu18 ent limit or performance standard under this Act, the vio19 lation of which is causing— 

20 (1) an adverse effect on the public health or 

21 welfare in the State; or 

22 (2) a violation of any water quality requirement 

23 in the State. 
49 

•S 2271 IS 

1 SEC. 11. ALASKAN CRUISE VESSELS. 

2 (a) DEFINITION OF ALASKAN CRUISE VESSEL.—In 

3 this section, the term ‘‘Alaskan cruise vessel’’ means a 

4 cruise vessel— 

5 (1) that seasonally operates in water of or sur6 rounding the State of Alaska; 

7 (2) in which is installed, not later than the date 

8 of enactment of this Act (or, at the option of the 

9 Commandant, not later than September 30 of the 

10 fiscal year in which this Act is enacted), and cer11 tified by the State of Alaska for continuous dis12 charge and operation in accordance with all applica13 ble Federal and State law (including regulations), an 

14 advanced treatment system for the treatment and 

15 discharge of graywater and sewage; and 

16 (3) that enters a port of the United States. 

17 (b) APPLICABILITY.— 

18 (1) IN GENERAL.—Except as provided in para19 graph (2), an Alaskan cruise vessel shall not be sub20 ject to this Act (including regulations promulgated 

21 under this Act) until the date that is 15 years after 

22 the date of enactment of this Act. 

23 (2) EXCEPTIONS.—An Alaskan cruise vessel— 

24 (A) shall not be subject to the minimum 

25 effluent limits prescribed under section 5(b) 
50 

•S 2271 IS 

1 until the date that is 3 years after the date of 

2 enactment of this Act; 

3 (B) shall not be subject to effluent limits 

4 promulgated under section 5(a) or 5(c) until 

5 the date that is 6 years after the date of enact6 ment of this Act; and 

7 (C) shall be prohibited from discharging 

8 sewage, graywater, and bilge water in the terri9 torial sea, in accordance with this Act, as of the 

10 date of enactment of this Act. 

11 SEC. 12. BALLAST WATER. 

12 It is the sense of Congress that action should be 

13 taken to enact legislation requiring strong, mandatory 

14 standards for ballast water to reduce the threat of aquatic 

15 invasive species. 

16 SEC. 13. FUNDING. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to the Commandant and 

19 the Administrator such sums as are necessary to carry out 

20 this Act for each of fiscal years 2005 through 2009. 

21 (b) CRUISE VESSEL POLLUTION CONTROL FUND.— 

22 (1) ESTABLISHMENT.—There is established in 

23 the general fund of the Treasury a separate account 

24 to be known as the ‘‘Cruise Vessel Pollution Control 

25 Fund’’ (referred to in this section as the ‘‘Fund’’). 
51 

•S 2271 IS 

1 (2) APPROPRIATION OF AMOUNTS.—There are 

2 appropriated to the Fund such amounts as are de3 posited in the Fund under subsection (c)(5). 

4 (3) USE OF AMOUNTS IN FUND.—The Adminis5 trator and the Commandant may use amounts in the 

6 fund, without further appropriation, to carry out 

7 this Act. 

8 (c) FEES ON CRUISE VESSELS.— 

9 (1) IN GENERAL.—The Commandant shall es10 tablish and collect from each cruise vessel a reason11 able and appropriate fee, in an amount not to exceed 

12 $10 for each paying passenger on a cruise vessel 

13 voyage, for use in carrying out this Act. 

14 (2) ADJUSTMENT OF FEE.— 

15 (A) IN GENERAL.—The Commandant shall 

16 biennially adjust the amount of the fee estab17 lished under paragraph (1) to reflect changes in 

18 the Consumer Price Index for All Urban Con19 sumers published by the Department of Labor 

20 during each 2-year period. 

21 (B) ROUNDING.—The Commandant may 

22 round the adjustment in subparagraph (A) to 

the nearest 1 23 ⁄10 of a dollar. 

24 (3) FACTORS IN ESTABLISHING FEES.— 
52 

•S 2271 IS 

1 (A) IN GENERAL.—In establishing fees 

2 under paragraph (1), the Commandant may es3 tablish lower levels of fees and the maximum 

4 amount of fees for certain classes of cruise ves5 sels based on— 

6 (i) size; 

7 (ii) economic share; and 

8 (iii) such other factors as are deter9 mined to be appropriate by the Com10 mandant and Administrator. 

11 (B) FEE SCHEDULES.—Any fee schedule 

12 established under paragraph (1), including the 

13 level of fees and the maximum amount of fees, 

14 shall take into account— 

15 (i) cruise vessel routes; 

16 (ii) the frequency of stops at ports of 

17 call by cruise vessels; and 

18 (iii) other relevant considerations. 

19 (4) COLLECTION OF FEES.—A fee established 

20 under paragraph (1) shall be collected by the Com21 mandant from the owner or operator of each cruise 

22 vessel to which this Act applies. 

23 (5) DEPOSITS TO FUND.—Notwithstanding any 

24 other provision of law, all fees collected under this 

25 subsection, and all penalties and payments collected 
53 

•S 2271 IS 

1 for violations of this Act, shall be deposited into the 

2 Fund. 

3 SEC. 14. EFFECT ON OTHER LAW. 

4 (a) UNITED STATES.—Nothing in this Act restricts, 

5 affects, or amends any other law or the authority of any 

6 department, instrumentality, or agency of the United 

7 States. 

8 (b) STATES AND INTERSTATE AGENCIES.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (2), nothing in this Act precludes or denies 

11 the right of any State (including a political subdivi12 sion of a State) or interstate agency to adopt or en13 force— 

14 (A) any standard or limit relating to the 

15 discharge of pollutants by cruise ships; or 

16 (B) any requirement relating to the control 

17 or abatement of pollution. 

18 (2) EXCEPTION.—If an effluent limit, perform19 ance standard, water quality standard, or any other 

20 prohibition or limitation is in effect under Federal 

21 law, a State (including a political subdivision of a 

22 State) or interstate agency described in paragraph 

23 (1) may not adopt or enforce any effluent limit, per24 formance standard, water quality standard, or any 

25 other prohibition that— 
54 

•S 2271 IS 

1 (A) is less stringent than the effluent limit, 

2 performance standard, water quality standard, 

3 or other prohibition or limitation under this 

4 Act; or 

5 (B) impairs or in any manner affects any 

6 right or jurisdiction of the State with respect to 

7 the waters of the State. 

Æ