II 

109TH CONGRESS 

1ST SESSION S. 793 

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 14, 2005 

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

5 ‘‘Clean Cruise Ship Act of 2005’’. 

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

7 this Act is as follows:

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. 
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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 pas5 sengers 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; 

19 (C) oily water; 
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1 (D) toxic chemicals from photo processing, 

2 dry cleaning, and paints; 

3 (E) ballast water; 

4 (F) solid wastes; and 

5 (G) emissions of air pollutants; 

6 (5) some of the pollution generated by cruise 

7 ships, particularly sewage discharge, can lead to 

8 high levels of nutrients that are known to harm and 

9 kill coral reefs and which can increase the quantity 

10 of pathogens in the water and heighten the suscepti11 bility of many coral species to scarring and disease; 

12 (6) laws in effect as of the date of enactment 

13 of this Act do not provide adequate controls, moni14 toring, or enforcement of certain discharges from 

15 cruise vessels into the waters of the United States; 

16 and 

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

18 United States from pollution generated by cruise 

19 vessels, new Federal legislation is needed to reduce 

20 and better regulate discharges from cruise vessels, 

21 and to improve monitoring, reporting, and enforce22 ment of discharges. 

23 (b) PURPOSES.—The purposes of this Act are— 

24 (1) to prevent the discharge of any untreated 

25 sewage or graywater from a cruise vessel entering 
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1 ports of the United States into the waters of the 

2 United States; 

3 (2) to prevent the discharge of any treated sew4 age, sewage sludge, graywater, or bilge water from 

5 cruise vessels entering ports of the United States 

6 into the territorial sea; 

7 (3) to establish new national effluent limits and 

8 management standards for the discharge of treated 

9 sewage or graywater from cruise vessels entering 

10 ports of the United States into the exclusive eco11 nomic zone of the United States in any case in 

12 which the discharge is not within an area in which 

13 discharges are prohibited; and 

14 (4) to ensure that cruise vessels entering ports 

15 of the United States comply with all applicable envi16 ronmental laws. 

17 SEC. 3. DEFINITIONS. 

18 In this Act: 

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

20 means the Commandant of the Coast Guard. 

21 (2) ADMINISTRATOR.—The term ‘‘Adminis22 trator’’ means the Administrator of the Environ23 mental Protection Agency. 

24 (3) TERRITORIAL SEA.—The term ‘‘territorial 

25 sea’’— 
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1 (A) means the belt of the sea measured 

2 from the baseline of the United States deter3 mined in accordance with international law, as 

4 set forth in Presidential Proclamation number 

5 5928, dated December 27, 1988; and 

6 (B) includes the waters lying seaward of 

7 the line of ordinary low water and extending to 

8 the baseline of the United States, as determined 

9 under subparagraph (A). 

10 (4) EXCLUSIVE ECONOMIC ZONE.—The term 

11 ‘‘exclusive economic zone’’ means the Exclusive Eco12 nomic Zone of the United States established by 

13 Presidential Proclamation number 5030, dated 

14 March 10, 1983. 

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

16 term ‘‘waters of the United States’’ means the wa17 ters of the territorial sea, the exclusive economic 

18 zone, and the Great Lakes. 

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

20 means— 

21 (A) Lake Erie; 

22 (B) Lake Huron (including Lake Saint 

23 Clair); 

24 (C) Lake Michigan; 

25 (D) Lake Ontario; and 
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1 (E) Lake Superior. 

2 (7) CRUISE VESSEL.—The term ‘‘cruise ves3 sel’’— 

4 (A) means a passenger vessel (as defined 

5 in section 2101(22) of title 46, United States 

6 Code), that— 

7 (i) is authorized to carry at least 250 

8 passengers; and 

9 (ii) has onboard sleeping facilities for 

10 each passenger; and 

11 (B) does not include— 

12 (i) a vessel of the United States oper13 ated by the Federal Government; or 

14 (ii) a vessel owned and operated by 

15 the government of a State. 

16 (8) PASSENGER.—The term ‘‘passenger’’— 

17 (A) means any person on board a cruise 

18 vessel for the purpose of travel; and 

19 (B) includes— 

20 (i) a paying passenger; and 

21 (ii) a staffperson, such as a crew 

22 member, captain, or officer. 

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

24 (A) an individual; 

25 (B) a corporation; 
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1 (C) a partnership; 

2 (D) a limited liability company; 

3 (E) an association; 

4 (F) a State; 

5 (G) a municipality; 

6 (H) a commission or political subdivision 

7 of a State; and 

8 (I) an Indian tribe. 

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

10 person that has an interest that is or may be ad11 versely affected by any provision of this Act. 

12 (11) DISCHARGE.—The term ‘‘discharge’’— 

13 (A) means a release of any substance, how14 ever caused, from a cruise vessel; and 

15 (B) includes any escape, disposal, spilling, 

16 leaking, pumping, emitting or emptying of any 

17 substance. 

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

19 (A) human body wastes; 

20 (B) the wastes from toilets and other re21 ceptacles intended to receive or retain human 

22 body wastes; and 

23 (C) sewage sludge. 
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1 (13) GRAYWATER.—The term ‘‘graywater’’ 

2 means galley, dishwasher, bath, and laundry waste 

3 water. 

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

5 means wastewater that includes lubrication oils, 

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

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

8 waste. 

9 (15) SEWAGE SLUDGE.—The term ‘‘sewage 

10 sludge’’— 

11 (A) means any solid, semi-solid, or liquid 

12 residue removed during the treatment of munic13 ipal waste water or domestic sewage; 

14 (B) includes— 

15 (i) solids removed during primary, 

16 secondary, or advanced waste water treat17 ment; 

18 (ii) scum; 

19 (iii) septage; 

20 (iv) portable toilet pumpings; 

21 (v) type III marine sanitation device 

22 pumpings (as defined in part 159 of title 

23 33, Code of Federal Regulations); and 

24 (vi) sewage sludge products; and 

25 (C) does not include— 
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1 (i) grit or screenings; or 

2 (ii) ash generated during the inciner3 ation of sewage sludge. 

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

5 has the meaning given in section 4 of the Indian 

6 Self-Determination and Education Assistance Act 

7 (25 U.S.C. 450b). 

8 SEC. 4. PROHIBITIONS AND CONDITIONS REGARDING THE 

9 DISCHARGE OF SEWAGE, GRAYWATER, OR 

10 BILGE WATER. 

11 (a) PROHIBITION.— 

12 (1) IN GENERAL.—Except as provided in para13 graph (2) and section 11, no cruise vessel entering 

14 a port of the United States may discharge sewage, 

15 graywater, or bilge water into the waters of the 

16 United States. 

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

18 paragraph (1) may not discharge sewage, graywater, 

19 or bilge water into the exclusive economic zone but 

20 outside the territorial sea, or, in the case of the 

21 Great Lakes, beyond any point that is 12 miles from 

22 the shore unless— 

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

24 or graywater, the discharge meets all applicable 
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1 effluent limits established under this Act and is 

2 in accordance with all other applicable laws; or 

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

4 water, the discharge is in accordance with all 

5 applicable laws; 

6 (B) the cruise vessel meets all applicable 

7 management standards established under this 

8 Act; and 

9 (C) the cruise vessel is not discharging in 

10 an area in which the discharge is otherwise pro11 hibited. 

12 (b) SAFETY EXCEPTION.— 

13 (1) SCOPE OF EXCEPTION.—Subsection (a) 

14 shall not apply in any case in which— 

15 (A) a discharge is made solely for the pur16 pose of securing the safety of the cruise vessel 

17 or saving a human life at sea; and 

18 (B) all reasonable precautions have been 

19 taken for the purpose of preventing or mini20 mizing the discharge. 

21 (2) NOTIFICATION OF COMMANDANT.— 

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

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

24 cruise vessel authorizes a discharge described in 

25 paragraph (1), the individual shall notify the 
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1 Commandant of the decision to authorize the 

2 discharge as soon as practicable, but not later 

3 than 24 hours, after authorizing the discharge. 

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

5 the date on which an individual described in 

6 subparagraph (A) notifies the Commandant of 

7 an authorization of a discharge under the safety 

8 exception under this paragraph, the individual 

9 shall submit to the Commandant a report that 

10 includes— 

11 (i) the quantity and composition of 

12 each discharge made under the safety ex13 ception; 

14 (ii) the reason for authorizing each 

15 discharge; 

16 (iii) the location of the vessel during 

17 the course of each discharge; and 

18 (iv) such other supporting information 

19 and data as are requested by the Com20 mandant. 

21 SEC. 5. EFFLUENT LIMITS FOR DISCHARGES OF SEWAGE 

22 AND GRAYWATER. 

23 (a) EFFLUENT LIMITS.— 

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

25 the date of enactment of this Act, the Commandant 
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1 and the Administrator shall jointly promulgate efflu2 ent limits for sewage and graywater discharges from 

3 cruise vessels entering ports of the United States. 

4 (2) REQUIREMENTS.—The effluent limits 

5 shall— 

6 (A) require the application of the best 

7 available technology that will result in the 

8 greatest level of effluent reduction achievable, 

9 recognizing that the national goal is the elimi10 nation of the discharge of all pollutants in sew11 age and graywater by cruise vessels into the wa12 ters of the United States by 2015; and 

13 (B) require compliance with all relevant 

14 water quality criteria standards. 

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

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

17 sewage and graywater effluent discharges from cruise ves18 sels shall, not later than 3 years after the date of enact19 ment of this Act, meet the following standards: 

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

21 minimum level of effluent quality specified in section 

22 133.102 of title 40, Code of Regulations (or a suc23 cessor regulation). 
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1 (2) FECAL COLIFORM.—With respect to the 

2 samples from the discharge during any 30-day pe3 riod— 

4 (A) the geometric mean of the samples 

5 shall not exceed 20 fecal coliform per 100 milli6 liters; and 

7 (B) not more than 10 percent of the sam8 ples shall exceed 40 fecal coliform per 100 milli9 liters. 

10 (3) RESIDUAL CHLORINE.—Concentrations of 

11 total residual chlorine in samples shall not exceed 10 

12 milligrams per liter. 

13 (c) REVIEW AND REVISION OF EFFLUENT LIMITS.—

14 The Commandant and the Administrator shall jointly— 

15 (1) review the effluent limits required by sub16 section (a) at least once every 3 years; and 

17 (2) revise the effluent limits as necessary to in18 corporate technology available at the time of the re19 view in accordance with subsection (a)(2). 

20 SEC. 6. INSPECTION AND SAMPLING. 

21 (a) DEVELOPMENT AND IMPLEMENTATION OF IN22 SPECTION PROGRAM.— 

23 (1) IN GENERAL.—The Commandant, in con24 sultation with the Administrator, shall promulgate 

25 regulations to implement an inspection, sampling, 
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1 and testing program sufficient to verify that cruise 

2 vessels calling on ports of the United States are in 

3 compliance with— 

4 (A) this Act (including regulations promul5 gated under this Act); 

6 (B) the Federal Water Pollution Control 

7 Act (33 U.S.C. 1251 et seq.) (including regula8 tions promulgated under that Act); 

9 (C) other applicable Federal laws and reg10 ulations; and 

11 (D) all applicable requirements of inter12 national agreements. 

13 (2) INSPECTIONS.—The program shall require 

14 that— 

15 (A) regular announced and unannounced 

16 inspections be conducted of any relevant aspect 

17 of cruise vessel operations, equipment, or dis18 charges, including sampling and testing of 

19 cruise vessel discharges; and 

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

21 of the United States shall be subject to an un22 announced inspection at least annually. 

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

24 date of enactment of this Act, the Commandant, in con-
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1 sultation with the Administrator, shall promulgate regula2 tions that, at a minimum— 

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

4 other individual in charge, of a cruise vessel to main5 tain and produce a logbook detailing the times, 

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

7 of any discharges from the cruise vessel; 

8 (2) provide for routine announced and unan9 nounced inspections of— 

10 (A) cruise vessel environmental compliance 

11 records and procedures; and 

12 (B) the functionality and proper operation 

13 of installed equipment for abatement and con14 trol of any cruise vessel discharge (which equip15 ment shall include equipment intended to treat 

16 sewage, graywater, or bilge water); 

17 (3) require the sampling and testing of cruise 

18 vessel discharges that require the owner, operator, 

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

20 vessel— 

21 (A) to conduct that sampling or testing; 

22 and 

23 (B) to produce any records of the sampling 

24 or testing; 
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1 (4) require any owner, operator, or master, or 

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

3 knowledge of a discharge from the cruise vessel in 

4 violation of this Act (including regulations promul5 gated under this Act) to immediately report that dis6 charge to the Commandant (who shall provide notifi7 cation of the discharge to the Administrator); and 

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

9 other individual in charge, of a cruise vessel to pro10 vide to the Commandant and Administrator a blue11 print of each cruise vessel that includes the location 

12 of every discharge pipe and valve. 

13 (c) EVIDENCE OF COMPLIANCE.— 

14 (1) VESSEL OF THE UNITED STATES.— 

15 (A) IN GENERAL.—A cruise vessel reg16 istered in the United States to which this Act 

17 applies shall have a certificate of inspection 

18 issued by the Commandant. 

19 (B) ISSUANCE OF CERTIFICATE.—The 

20 Commandant may issue a certificate described 

21 in subparagraph (A) only after the cruise vessel 

22 has been examined and found to be in compli23 ance with this Act, including prohibitions on 

24 discharges and requirements for effluent limits, 

25 as determined by the Commandant. 
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1 (C) VALIDITY OF CERTIFICATE.—A certifi2 cate issued under this paragraph— 

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

4 more than 5 years, beginning on the date 

5 of issuance of the certificate; 

6 (ii) may be renewed as specified by 

7 the Commandant; and 

8 (iii) shall be suspended or revoked if 

9 the Commandant determines that the 

10 cruise vessel for which the certificate was 

11 issued is not in compliance with the condi12 tions under which the certificate was 

13 issued. 

14 (D) SPECIAL CERTIFICATES.—The Com15 mandant may issue special certificates to cer16 tain vessels that exhibit compliance with this 

17 Act and other best practices, as determined by 

18 the Commandant. 

19 (2) FOREIGN VESSEL.— 

20 (A) IN GENERAL.—A cruise vessel reg21 istered in a country other than the United 

22 States to which this Act applies may operate in 

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

24 or place under the jurisdiction of the United 
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1 States, only if the cruise vessel has been issued 

2 a certificate of compliance by the Commandant. 

3 (B) ISSUANCE OF CERTIFICATE.—The 

4 Commandant may issue a certificate described 

5 in subparagraph (A) to a cruise vessel only 

6 after the cruise vessel has been examined and 

7 found to be in compliance with this Act, includ8 ing prohibitions on discharges and requirements 

9 for effluent limits, as determined by the Com10 mandant. 

11 (C) ACCEPTANCE OF FOREIGN DOCU12 MENTATION.—The Commandant may consider 

13 a certificate, endorsement, or document issued 

14 by the government of a foreign country under 

15 a treaty, convention, or other international 

16 agreement to which the United States is a 

17 party, in issuing a certificate of compliance 

18 under this paragraph. Such a certificate, en19 dorsement, or document shall not serve as a 

20 proxy for certification of compliance with this 

21 Act. 

22 (D) VALIDITY OF CERTIFICATE.—A certifi23 cate issued under this section— 
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1 (i) shall be valid for a period of not 

2 more than 24 months, beginning on the 

3 date of issuance of the certificate; 

4 (ii) may be renewed as specified by 

5 the Commandant; and 

6 (iii) shall be suspended or revoked if 

7 the Commandant determines that the 

8 cruise vessel for which the certificate was 

9 issued is not in compliance with the condi10 tions under which the certificate was 

11 issued. 

12 (d) CRUISE OBSERVER PILOT PROGRAM.— 

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

14 the date of enactment of this Act, the Commandant 

15 shall establish, and for each of fiscal years 2006 

16 through 2008, shall carry out, a program for the 

17 placement of 2 or more independent observers on 

18 cruise vessels for the purpose of monitoring and in19 specting cruise vessel operations, equipment, and 

20 discharges to ensure compliance with— 

21 (A) this Act (including regulations promul22 gated under this Act); and 

23 (B) all other relevant Federal laws and 

24 international agreements. 
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1 (2) RESPONSIBILITIES.—An observer described 

2 in paragraph (1) shall— 

3 (A) observe and inspect— 

4 (i) onboard environmental treatment 

5 systems; 

6 (ii) use of shore-based treatment and 

7 storage facilities; 

8 (iii) discharges and discharge prac9 tices; and 

10 (iv) blueprints, logbooks, and other 

11 relevant information; 

12 (B) have the authority to interview and 

13 otherwise query any crew member with knowl14 edge of vessel operations; 

15 (C) have access to all data and information 

16 made available to government officials under 

17 this section; and 

18 (D) immediately report any known or sus19 pected violation of this Act or any other appli20 cable Federal law or international agreement 

21 to— 

22 (i) the Coast Guard; and 

23 (ii) the Environmental Protection 

24 Agency. 
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1 (3) REPORT.—Not later than January 31, 

2 2008, the Commandant shall submit to Congress a 

3 report describing the results, and recommendations 

4 for continuance, of the program under this sub5 section. 

6 (e) ONBOARD MONITORING SYSTEM PILOT PRO7 GRAM.— 

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

9 the date of enactment of this Act, the Administrator 

10 of the National Oceanic and Atmospheric Adminis11 tration, in consultation with the Administrator and 

12 the Commandant, shall establish, and for each of fis13 cal years 2006 through 2011, shall carry out, with 

14 industry partners as necessary, a pilot program to 

15 develop and promote commercialization of tech16 nologies to provide real-time data to Federal agen17 cies regarding— 

18 (A) graywater and sewage discharges from 

19 cruise vessels; and 

20 (B) functioning of cruise vessel compo21 nents relating to pollution control. 

22 (2) TECHNOLOGY REQUIREMENTS.—Tech23 nologies developed under the program under this 

24 subsection— 

25 (A) shall have the ability to record— 
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1 (i) the location and time of discharges 

2 from cruise vessels; 

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

4 those discharges; and 

5 (iii) the state of components relating 

6 to pollution control at the time of the dis7 charges, including whether the components 

8 are operating correctly; and 

9 (B) shall be tested on not less than 10 per10 cent of all cruise vessels operating in the terri11 torial sea of the United States, including large 

12 and small vessels. 

13 (3) PARTICIPATION OF INDUSTRY.— 

14 (A) COMPETITIVE SELECTION PROCESS.—

15 Industry partners willing to participate in the 

16 program may do so through a competitive selec17 tion process conducted by the Administrator of 

18 the National Oceanic and Atmospheric Admin19 istration. 

20 (B) CONTRIBUTION.—A selected industry 

21 partner shall contribute not less than 20 per22 cent of the cost of the project in which the in23 dustry partner participates. 

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

25 2008, the Administrator of the National Oceanic 
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1 and Atmospheric Administration shall submit to 

2 Congress a report describing the results, and rec3 ommendations for continuance, of the program 

4 under this subsection. 

5 SEC. 7. EMPLOYEE PROTECTION. 

6 (a) PROHIBITION OF DISCRIMINATION AGAINST PER7 SONS FILING, INSTITUTING, OR TESTIFYING IN PRO8 CEEDINGS UNDER THIS ACT.—No person shall terminate 

9 the employment of, or in any other way discriminate 

10 against (or cause the termination of employment of or dis11 crimination against), any employee or any authorized rep12 resentative of employees by reason of the fact that the em13 ployee or representative— 

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

15 instituted any proceeding under this Act; or 

16 (2) has testified or is about to testify in any 

17 proceeding resulting from the administration or en18 forcement of the provisions of this Act. 

19 (b) APPLICATION FOR REVIEW; INVESTIGATION; 

20 HEARINGS; REVIEW.— 

21 (1) IN GENERAL.—An employee or a represent22 ative of employees who believes that the termination 

23 of the employment of the employee has occurred, or 

24 that the employee has been discriminated against, as 

25 a result of the actions of any person in violation of 
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1 subsection (a) may, not later than 30 days after the 

2 date on which the alleged violation occurred, apply 

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

4 termination of employment or discrimination. 

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

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

7 respondent. 

8 (3) INVESTIGATION.— 

9 (A) IN GENERAL.—On receipt of an appli10 cation for review under paragraph (1), the Sec11 retary of Labor shall carry out an investigation 

12 of the complaint. 

13 (B) REQUIREMENTS.—In carrying out this 

14 subsection, the Secretary of Labor shall— 

15 (i) provide an opportunity for a public 

16 hearing at the request of any party to the 

17 review to enable the parties to present in18 formation relating to the alleged violation; 

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

20 the date of the hearing, each party to the 

21 hearing is provided written notice of the 

22 time and place of the hearing; and 

23 (iii) ensure that the hearing is on the 

24 record and subject to section 554 of title 

25 5, United States Code. 
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1 (C) FINDINGS OF COMMANDANT.—On 

2 completion of an investigation under this para3 graph, the Secretary of Labor shall— 

4 (i) make findings of fact; 

5 (ii) if the Secretary of Labor deter6 mines that a violation did occur, issue a 

7 decision, incorporating an order and the 

8 findings, requiring the person that com9 mitted the violation to take such action as 

10 is necessary to abate the violation, includ11 ing the rehiring or reinstatement, with 

12 compensation, of an employee or represent13 ative of employees to the former position of 

14 the employee or representative; and 

15 (iii) if the Secretary of Labor deter16 mines that there was no violation, issue an 

17 order denying the application. 

18 (D) ORDER.—An order issued by the Sec19 retary of Labor under subparagraph (C) shall 

20 be subject to judicial review in the same man21 ner as orders and decisions of the Adminis22 trator are subject to judicial review under this 

23 Act. 

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

25 order is issued under this section to abate a violation, at 
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1 the request of the applicant, a sum equal to the aggregate 

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

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

4 been reasonably incurred by the applicant for, or in con5 nection with, the institution and prosecution of the pro6 ceedings, shall be assessed against the person committing 

7 the violation. 

8 (d) DELIBERATE VIOLATIONS BY EMPLOYEE ACTING

9 WITHOUT DIRECTION FROM EMPLOYER OR AGENT.—

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

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

12 the employer), deliberately violates any provision of this 

13 Act. 

14 SEC. 8. JUDICIAL REVIEW. 

15 (a) REVIEW OF ACTIONS BY ADMINISTRATOR OR

16 COMMANDANT; SELECTION OF COURT; FEES.— 

17 (1) REVIEW OF ACTIONS.— 

18 (A) IN GENERAL.—Any interested person 

19 may petition for a review, in the United States 

20 circuit court for the circuit in which the person 

21 resides or transacts business directly affected 

22 by the action of which review is requested— 

23 (i) of an action of the Commandant in 

24 promulgating any effluent limit under sec25 tion 5; or 
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1 (ii) of an action of the Commandant 

2 in carrying out an inspection, sampling, or 

3 testing under section 6. 

4 (B) DEADLINE FOR REVIEW.—A petition 

5 for review under subparagraph (A) shall be 

6 made— 

7 (i) not later than 120 days after the 

8 date of promulgation of the limit or stand9 ard relating to the review sought; or 

10 (ii) if the petition for review is based 

11 solely on grounds that arose after the date 

12 described in clause (i), as soon as prac13 ticable after that date. 

14 (2) CIVIL AND CRIMINAL ENFORCEMENT PRO15 CEEDINGS.—An action of the Commandant or Ad16 ministrator with respect to which review could have 

17 been obtained under paragraph (1) shall not be sub18 ject to judicial review in any civil or criminal pro19 ceeding for enforcement. 

20 (3) AWARD OF FEES.—In any judicial pro21 ceeding under this subsection, a court may award 

22 costs of litigation (including reasonable attorney and 

23 expert witness fees) to any prevailing or substan24 tially prevailing party in any case in which the court 

25 determines such an award to be appropriate. 
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1 (b) ADDITIONAL EVIDENCE.— 

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

3 instituted under subsection (a) in which review is 

4 sought of a determination under this Act required to 

5 be made on the record after notice and opportunity 

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

7 leave to adduce additional evidence, and dem8 onstrates to the satisfaction of the court that the ad9 ditional evidence is material and that there were rea10 sonable grounds for the failure to adduce the evi11 dence in the proceeding before the Commandant or 

12 Administrator, the court may order the additional 

13 evidence (and evidence in rebuttal of the additional 

14 evidence) to be taken before the Commandant or Ad15 ministrator, in such manner and on such terms and 

16 conditions as the court determines to be appropriate. 

17 (2) MODIFICATION OF FINDINGS.—On admis18 sion of additional evidence under paragraph (1), the 

19 Commandant or Administrator— 

20 (A) may modify findings of fact of the 

21 Commandant or Administrator, as the case may 

22 be, relating to a judicial proceeding, or make 

23 new findings of fact, by reason of the additional 

24 evidence so admitted; and 
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1 (B) shall file with the return of the addi2 tional evidence any modified or new findings, 

3 and any related recommendations, for the modi4 fication or setting aside of any original deter5 minations of the Commandant or Adminis6 trator. 

7 SEC. 9. ENFORCEMENT. 

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

9 4 or any regulation promulgated under this Act may be 

10 assessed— 

11 (1) a class I or class II penalty described in 

12 subsection (b); or 

13 (2) a civil penalty in a civil action under sub14 section (c). 

15 (b) AMOUNT OF ADMINISTRATIVE PENALTY.— 

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

17 penalty under subsection (a)(1) may not exceed— 

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

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

20 of multiple violations. 

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

22 penalty under subsection (a)(1) may not exceed— 

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

24 which the violation continues; or 
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•S 793 IS

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

2 of multiple violations. 

3 (3) SEPARATE VIOLATIONS.—Each day on 

4 which a violation continues shall constitute a sepa5 rate violation. 

6 (4) DETERMINATION OF AMOUNT.—In deter7 mining the amount of a civil penalty under sub8 section (a)(1), the Commandant or the court, as ap9 propriate, shall consider— 

10 (A) the seriousness of the violation; 

11 (B) any economic benefit resulting from 

12 the violation; 

13 (C) any history of violations; 

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

15 the applicable requirements; 

16 (E) the economic impact of the penalty on 

17 the violator; and 

18 (F) such other matters as justice may re19 quire. 

20 (5) PROCEDURE FOR CLASS I PENALTY.— 

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

22 penalty under this subsection, the Commandant 

23 shall provide to the person to be assessed the 

24 penalty— 
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•S 793 IS

1 (i) written notice of the proposal of 

2 the Commandant to assess the penalty; 

3 and 

4 (ii) the opportunity to request, not 

5 later than 30 days after the date on which 

6 the notice is received by the person, a 

7 hearing on the proposed penalty. 

8 (B) HEARING.—A hearing described in 

9 subparagraph (A)(ii)— 

10 (i) shall not be subject to section 554 

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

12 (ii) shall provide a reasonable oppor13 tunity to be heard and to present evidence. 

14 (6) PROCEDURE FOR CLASS II PENALTY.— 

15 (A) IN GENERAL.—Except as otherwise 

16 provided in this subsection, a class II civil pen17 alty shall be assessed and collected in the same 

18 manner, and subject to the same provisions, as 

19 in the case of civil penalties assessed and col20 lected after notice and an opportunity for a 

21 hearing on the record in accordance with sec22 tion 554 of title 5, United States Code. 

23 (B) RULES.—The Commandant may pro24 mulgate rules for discovery procedures for hear25 ings under this subsection. 
32

•S 793 IS

1 (7) RIGHTS OF INTERESTED PERSONS.— 

2 (A) PUBLIC NOTICE.—Before issuing an 

3 order assessing a class II civil penalty under 

4 this subsection, the Commandant shall provide 

5 public notice of and reasonable opportunity to 

6 comment on the proposed issuance of each 

7 order. 

8 (B) PRESENTATION OF EVIDENCE.— 

9 (i) IN GENERAL.—Any person that 

10 comments on a proposed assessment of a 

11 class II civil penalty under this subsection 

12 shall be given notice of— 

13 (I) any hearing held under this 

14 subsection; and 

15 (II) any order assessing the pen16 alty. 

17 (ii) HEARING.—In any hearing de18 scribed in clause (i)(I), a person described 

19 in clause (i) shall have a reasonable oppor20 tunity to be heard and to present evidence. 

21 (C) RIGHTS OF INTERESTED PERSONS TO

22 A HEARING.— 

23 (i) IN GENERAL.—If no hearing is 

24 held under subparagraph (B) before the 

25 date of issuance of an order assessing a 
33

•S 793 IS

1 class II civil penalty under this subsection, 

2 any person that commented on the pro3 posed assessment may, not later than 30 

4 days after the date of issuance of the 

5 order, petition the Commandant— 

6 (I) to set aside the order; and 

7 (II) to provide a hearing on the 

8 penalty. 

9 (ii) NEW EVIDENCE.—If any evidence 

10 presented by a petitioner in support of the 

11 petition under clause (i) is material and 

12 was not considered in the issuance of the 

13 order, as determined by the Commandant, 

14 the Commandant shall immediately— 

15 (I) set aside the order; and 

16 (II) provide a hearing in accord17 ance with subparagraph (B)(ii). 

18 (iii) DENIAL OF HEARING.—If the 

19 Commandant denies a hearing under this 

20 subparagraph, the Commandant shall pro21 vide to the petitioner, and publish in the 

22 Federal Register, notice of and the reasons 

23 for the denial. 

24 (8) FINALITY OF ORDER.— 
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1 (A) IN GENERAL.—An order assessing a 

2 class II civil penalty under this subsection shall 

3 become final on the date that is 30 days after 

4 the date of issuance of the order unless, before 

5 that date— 

6 (i) a petition for judicial review is 

7 filed under paragraph (10); or 

8 (ii) a hearing is requested under para9 graph (7)(C). 

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

11 requested under paragraph (7)(C) and subse12 quently denied, an order assessing a class II 

13 civil penalty under this subsection shall become 

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

15 of the denial. 

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

17 action by the Commandant under this subsection 

18 shall affect the obligation of any person to comply 

19 with any provision of this Act. 

20 (10) JUDICIAL REVIEW.— 

21 (A) IN GENERAL.—Any person against 

22 which a civil penalty is assessed under this sub23 section, or that commented on the proposed as24 sessment of such a penalty in accordance with 

25 paragraph (7), may obtain review of the assess-
35

•S 793 IS

1 ment in a court described in subparagraph (B) 

2 by— 

3 (i) filing a notice of appeal with the 

4 court within the 30-day period beginning 

5 on the date on which the civil penalty 

6 order is issued; and 

7 (ii) simultaneously sending a copy of 

8 the notice by certified mail to the Com9 mandant and the Attorney General. 

10 (B) COURTS OF JURISDICTION.—Review of 

11 an assessment under subparagraph (A) may be 

12 obtained by a person— 

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

14 I civil penalty, in— 

15 (I) the United States District 

16 Court for the District of Columbia; or 

17 (II) the United States district 

18 court for the district in which the vio19 lation occurred; or 

20 (ii) in the case of assessment of a 

21 class II civil penalty, in— 

22 (I) the United States Court of 

23 Appeals for the District of Columbia 

24 Circuit; or 
36

•S 793 IS

1 (II) the United States circuit 

2 court for any other circuit in which 

3 the person resides or transacts busi4 ness. 

5 (C) COPY OF RECORD.—On receipt of no6 tice under subparagraph (A)(ii), the Com7 mandant, shall promptly file with the appro8 priate court a certified copy of the record on 

9 which the order assessing a civil penalty that is 

10 the subject of the review was issued. 

11 (D) SUBSTANTIAL EVIDENCE.—A court 

12 with jurisdiction over a review under this para13 graph— 

14 (i) shall not set aside or remand an 

15 order described in subparagraph (C) un16 less— 

17 (I) there is not substantial evi18 dence in the record, taken as a whole, 

19 to support the finding of a violation; 

20 or 

21 (II) the assessment by the Com22 mandant of the civil penalty con23 stitutes an abuse of discretion; and 

24 (ii) shall not impose additional civil 

25 penalties for the same violation unless the 
37

•S 793 IS

1 assessment by the Commandant of the civil 

2 penalty constitutes an abuse of discretion. 

3 (11) COLLECTION.— 

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

5 pay an assessment of a civil penalty after the 

6 assessment has become final, or after a court in 

7 a proceeding under paragraph (10) has entered 

8 a final judgment in favor of the Commandant, 

9 the Commandant shall request the Attorney 

10 General to bring a civil action in an appropriate 

11 district court to recover— 

12 (i) the amount assessed; and 

13 (ii) interest that has accrued on the 

14 amount assessed, as calculated at currently 

15 prevailing rates beginning on the date of 

16 the final order or the date of the final 

17 judgment, as the case may be. 

18 (B) NONREVIEWABILITY.—In an action to 

19 recover an assessed civil penalty under subpara20 graph (A), the validity, amount, and appro21 priateness of the civil penalty shall not be sub22 ject to judicial review. 

23 (C) FAILURE TO PAY PENALTY.—Any per24 son that fails to pay, on a timely basis, the 

25 amount of an assessment of a civil penalty 
38

•S 793 IS

1 under subparagraph (A) shall be required to 

2 pay, in addition to the amount of the civil pen3 alty and accrued interest— 

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

5 collection proceedings; and 

6 (ii) for each quarter during which the 

7 failure to pay persists, a quarterly non8 payment penalty in an amount equal to 20 

9 percent of the aggregate amount of the as10 sessed civil penalties and nonpayment pen11 alties of the person that are unpaid as of 

12 the beginning of the quarter. 

13 (12) SUBPOENAS.— 

14 (A) IN GENERAL.—The Commandant may 

15 issue subpoenas for the attendance and testi16 mony of witnesses and the production of rel17 evant papers, books, or documents in connec18 tion with hearings under this subsection. 

19 (B) REFUSAL TO OBEY.—In case of contu20 macy or refusal to obey a subpoena issued 

21 under this paragraph and served on any per22 son— 

23 (i) the United States district court for 

24 any district in which the person is found, 

25 resides, or transacts business, on applica-
39

•S 793 IS

1 tion by the United States and after notice 

2 to the person, shall have jurisdiction to 

3 issue an order requiring the person to ap4 pear and give testimony before the Com5 mandant or to appear and produce docu6 ments before the Commandant; and 

7 (ii) any failure to obey such an order 

8 of the court may be punished by the court 

9 as a contempt of the court. 

10 (c) CIVIL ACTION.—The Commandant may com11 mence, in the United States district court for the district 

12 in which the defendant is located, resides, or transacts 

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

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

15 day of violation. 

16 (d) CRIMINAL PENALTIES.— 

17 (1) NEGLIGENT VIOLATIONS.—A person that 

18 negligently violates section 4 or any regulation pro19 mulgated under this Act commits a Class A mis20 demeanor. 

21 (2) KNOWING VIOLATIONS.—Any person that 

22 knowingly violates section 4 or any regulation pro23 mulgated under this Act commits a Class D felony. 

24 (3) FALSE STATEMENTS.—Any person that 

25 knowingly makes any false statement, representa-
40

•S 793 IS

1 tion, or certification in any record, report, or other 

2 document filed or required to be maintained under 

3 this Act or any regulation promulgated under this 

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

5 renders inaccurate any testing or monitoring device 

6 or method required to be maintained under this Act 

7 or any regulation promulgated under this Act, com8 mits a Class D felony. 

9 (e) REWARDS.— 

10 (1) PAYMENTS TO INDIVIDUALS.— 

11 (A) IN GENERAL.—The Commandant or 

12 the court, as the case may be, may order pay13 ment, from a civil penalty or criminal fine col14 lected under this section, of an amount not to 

exceed 1 15 ⁄2 of the civil penalty or fine, to any in16 dividual who furnishes information that leads to 

17 the payment of the civil penalty or criminal 

18 fine. 

19 (B) MULTIPLE INDIVIDUALS.—If 2 or 

20 more individuals provide information described 

21 in subparagraph (A), the amount available for 

22 payment as a reward shall be divided equitably 

23 among the individuals. 

24 (C) INELIGIBLE INDIVIDUALS.—No officer 

25 or employee of the United States, a State, or an 
41

•S 793 IS

1 Indian tribe who furnishes information or ren2 ders service in the performance of the official 

3 duties of the officer or employee shall be eligible 

4 for a reward payment under this subsection. 

5 (2) PAYMENTS TO STATES OR INDIAN

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

7 case may be, may order payment, from a civil pen8 alty or criminal fine collected under this section, to 

9 a State or Indian tribe providing information or in10 vestigative assistance that leads to payment of the 

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

12 of information or investigative assistance provided. 

13 (3) PAYMENTS DIVIDED AMONG STATES, IN14 DIAN TRIBES, AND INDIVIDUALS.—In a case in 

15 which a State or Indian tribe and an individual 

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

17 payment under this subsection, the Commandant or 

18 the court shall divide the amount available for the 

19 reward equitably among those recipients. 

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

21 violation of this Act or any regulation promulgated under 

22 this Act— 

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

24 or criminal fine imposed under this section; and 
42

•S 793 IS

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

2 the United States district court for any district in 

3 which the cruise vessel may be found. 

4 (g) COMPLIANCE ORDERS.— 

5 (1) IN GENERAL.—If the Commandant deter6 mines that any person is in violation of section 4 or 

7 any regulation promulgated under this Act, the 

8 Commandant shall— 

9 (A) issue an order requiring the person to 

10 comply with the section or requirement; or 

11 (B) bring a civil action in accordance with 

12 subsection (b). 

13 (2) COPIES OF ORDER, SERVICE.— 

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

15 which an order under this subsection is issued 

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

17 served on any appropriate corporate officer. 

18 (B) METHOD OF SERVICE; SPECIFICA19 TIONS.—An order issued under this subsection 

20 shall— 

21 (i) be by personal service; 

22 (ii) state with reasonable specificity 

23 the nature of the violation for which the 

24 order was issued; and 
43

•S 793 IS

1 (iii) specify a deadline for compliance 

2 that is not later than— 

3 (I) 30 days after the date of 

4 issuance of the order, in the case of a 

5 violation of an interim compliance 

6 schedule or operation and mainte7 nance requirement; and 

8 (II) such date as the Com9 mandant, taking into account the seri10 ousness of the violation and any good 

11 faith efforts to comply with applicable 

12 requirements, determines to be rea13 sonable, in the case of a violation of 

14 a final deadline. 

15 (h) CIVIL ACTIONS.— 

16 (1) IN GENERAL.—The Commandant may com17 mence a civil action for appropriate relief, including 

18 a permanent or temporary injunction, for any viola19 tion for which the Commandant is authorized to 

20 issue a compliance order under this subsection. 

21 (2) COURT OF JURISDICTION.— 

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

23 this subsection may be brought in the United 

24 States district court for the district in which 
44

•S 793 IS

1 the defendant is located, resides, or is doing 

2 business. 

3 (B) JURISDICTION.—A court described in 

4 subparagraph (A) shall have jurisdiction to 

5 grant injunctive relief to address a violation, 

6 and require compliance, by the defendant. 

7 SEC. 10. CITIZEN SUITS. 

8 (a) AUTHORIZATION.—Except as provided in sub9 section (c), any citizen may commence a civil action on 

10 his or her own behalf— 

11 (1) against any person (including the United 

12 States and any other governmental instrumentality 

13 or agency to the extent permitted by the eleventh 

14 amendment of the Constitution) that is alleged to be 

15 in violation of— 

16 (A) the conditions imposed by section 4; 

17 (B) an effluent limit or management 

18 standard under this Act; or 

19 (C) an order issued by the Administrator 

20 or Commandant with respect to such a condi21 tion, effluent limit, or performance standard; or 

22 (2) against the Administrator or Commandant, 

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

24 Administrator or Commandant to perform any non25 discretionary act or duty under this Act. 
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1 (b) JURISDICTION.—The United States district 

2 courts shall have jurisdiction, without regard to the 

3 amount in controversy or the citizenship of the parties— 

4 (1) to enforce a condition, effluent limit, per5 formance standard, or order described in subsection 

6 (a)(1); 

7 (2) to order the Administrator or Commandant 

8 to perform a nondiscretionary act or duty described 

9 in subsection (a)(2); and 

10 (3) to apply any appropriate civil penalties 

11 under section 9(b). 

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

13 this section— 

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

15 date on which the plaintiff gives notice of the alleged 

16 violation— 

17 (A) to the Administrator or Commandant; 

18 and 

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

20 limit, standard, or order; or 

21 (2) if the Administrator or Commandant has 

22 commenced and is diligently prosecuting a civil or 

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

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

25 intervene as a matter of right). 
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•S 793 IS

1 (d) VENUE.— 

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

3 section shall be brought in— 

4 (A) the United States District Court for 

5 the District of Columbia; or 

6 (B) any other United States district court 

7 for any judicial district in which a cruise vessel 

8 or the owner or operator of a cruise vessel are 

9 located. 

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

11 this section, the Administrator or the Commandant, 

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

13 (3) PROCEDURES.— 

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

15 action is brought under this section in a court 

16 of the United States, the plaintiff shall serve a 

17 copy of the complaint on— 

18 (i) the Attorney General; 

19 (ii) the Administrator; and 

20 (iii) the Commandant. 

21 (B) CONSENT JUDGMENTS.—No consent 

22 judgment shall be entered in a civil action 

23 under this section to which the United States is 

24 not a party before the date that is 45 days after 
47

•S 793 IS

1 the date of receipt of a copy of the proposed 

2 consent judgment by— 

3 (i) the Attorney General; 

4 (ii) the Administrator; and 

5 (iii) the Commandant. 

6 (e) LITIGATION COSTS.— 

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

8 issuing any final order in any civil action brought in 

9 accordance with this section, may award costs of liti10 gation (including reasonable attorney’s and expert 

11 witness fees) to any prevailing or substantially pre12 vailing party, in any case in which the court deter13 mines that such an award is appropriate. 

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

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

16 restraining order or preliminary injunction is sought, 

17 require the filing of a bond or equivalent security in 

18 accordance with the Federal Rules of Civil Proce19 dure. 

20 (f) STATUTORY OR COMMON LAW RIGHTS NOT RE21 STRICTED.—Nothing in this section restricts the rights of 

22 any person (or class of persons) under any statute or com23 mon law to seek enforcement or other relief (including re24 lief against the Administrator or Commandant). 
48

•S 793 IS

1 (g) CIVIL ACTION BY STATE GOVERNORS.—A Gov2 ernor of a State may commence a civil action under sub3 section (a) of this section, without regard to the limitation 

4 under subsection (c), against the Administrator or Com5 mandant in any case in which there is alleged a failure 

6 of the Administrator or Commandant to enforce an efflu7 ent limit or performance standard under this Act, the vio8 lation of which is causing— 

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

10 welfare in the State; or 

11 (2) a violation of any water quality requirement 

12 in the State. 

13 SEC. 11. ALASKAN CRUISE VESSELS. 

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

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

16 cruise vessel— 

17 (1) that seasonally operates in water of or sur18 rounding the State of Alaska; 

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

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

21 Commandant, not later than September 30 of the 

22 fiscal year in which this Act is enacted), and cer23 tified by the State of Alaska for continuous dis24 charge and operation in accordance with all applica25 ble Federal and State law (including regulations), an 
49

•S 793 IS

1 advanced treatment system for the treatment and 

2 discharge of graywater and sewage; and 

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

4 (b) APPLICABILITY.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), an Alaskan cruise vessel shall not be sub7 ject to this Act (including regulations promulgated 

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

9 the date of enactment of this Act. 

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

11 (A) shall not be subject to the minimum 

12 effluent limits prescribed under section 5(b) 

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

14 enactment of this Act; 

15 (B) shall not be subject to effluent limits 

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

17 the date that is 6 years after the date of enact18 ment of this Act; and 

19 (C) shall be prohibited from discharging 

20 sewage, graywater, and bilge water in the terri21 torial sea, in accordance with this Act, as of the 

22 date of enactment of this Act. 

23 SEC. 12. BALLAST WATER. 

24 It is the sense of Congress that action should be 

25 taken to enact legislation requiring strong, mandatory 
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•S 793 IS

1 standards for ballast water to reduce the threat of aquatic 

2 invasive species. 

3 SEC. 13. FUNDING. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to the Commandant and 

6 the Administrator such sums as are necessary to carry out 

7 this Act for each of fiscal years 2006 through 2010. 

8 (b) CRUISE VESSEL POLLUTION CONTROL FUND.— 

9 (1) ESTABLISHMENT.—There is established in 

10 the general fund of the Treasury a separate account 

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

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

13 (2) APPROPRIATION OF AMOUNTS.—There are 

14 appropriated to the Fund such amounts as are de15 posited in the Fund under subsection (c)(5). 

16 (3) USE OF AMOUNTS IN FUND.—The Adminis17 trator and the Commandant may use amounts in the 

18 fund, without further appropriation, to carry out 

19 this Act. 

20 (c) FEES ON CRUISE VESSELS.— 

21 (1) IN GENERAL.—The Commandant shall es22 tablish and collect from each cruise vessel a reason23 able and appropriate fee, in an amount not to exceed 

24 $10 for each paying passenger on a cruise vessel 

25 voyage, for use in carrying out this Act. 
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•S 793 IS

1 (2) ADJUSTMENT OF FEE.— 

2 (A) IN GENERAL.—The Commandant shall 

3 biennially adjust the amount of the fee estab4 lished under paragraph (1) to reflect changes in 

5 the Consumer Price Index for All Urban Con6 sumers published by the Department of Labor 

7 during each 2-year period. 

8 (B) ROUNDING.—The Commandant may 

9 round the adjustment in subparagraph (A) to 

the nearest 1 10 ⁄10 of a dollar. 

11 (3) FACTORS IN ESTABLISHING FEES.— 

12 (A) IN GENERAL.—In establishing fees 

13 under paragraph (1), the Commandant may es14 tablish lower levels of fees and the maximum 

15 amount of fees for certain classes of cruise ves16 sels based on— 

17 (i) size; 

18 (ii) economic share; and 

19 (iii) such other factors as are deter20 mined to be appropriate by the Com21 mandant and Administrator. 

22 (B) FEE SCHEDULES.—Any fee schedule 

23 established under paragraph (1), including the 

24 level of fees and the maximum amount of fees, 

25 shall take into account— 
52

•S 793 IS

1 (i) cruise vessel routes; 

2 (ii) the frequency of stops at ports of 

3 call by cruise vessels; and 

4 (iii) other relevant considerations. 

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

6 under paragraph (1) shall be collected by the Com7 mandant from the owner or operator of each cruise 

8 vessel to which this Act applies. 

9 (5) DEPOSITS TO FUND.—Notwithstanding any 

10 other provision of law, all fees collected under this 

11 subsection, and all penalties and payments collected 

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

13 Fund. 

14 SEC. 14. EFFECT ON OTHER LAW. 

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

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

17 department, instrumentality, or agency of the United 

18 States. 

19 (b) STATES AND INTERSTATE AGENCIES.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), nothing in this Act precludes or denies 

22 the right of any State (including a political subdivi23 sion of a State) or interstate agency to adopt or en24 force— 
53

•S 793 IS

1 (A) any standard or limit relating to the 

2 discharge of pollutants by cruise ships; or 

3 (B) any requirement relating to the control 

4 or abatement of pollution. 

5 (2) EXCEPTION.—If an effluent limit, perform6 ance standard, water quality standard, or any other 

7 prohibition or limitation is in effect under Federal 

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

9 State) or interstate agency described in paragraph 

10 (1) may not adopt or enforce any effluent limit, per11 formance standard, water quality standard, or any 

12 other prohibition that— 

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

14 performance standard, water quality standard, 

15 or other prohibition or limitation under this 

16 Act; or 

17 (B) impairs or in any manner affects any 

18 right or jurisdiction of the State with respect to 

19 the waters of the State.

Æ