I 
108TH CONGRESS 
2D SESSION 
H. R. 4101 
To establish national standards for discharges from cruise vessels into the 
waters of the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 1, 2004 
Mr. FARR (for himself, Mr. SHAYS, Mr. STUPAK, Ms. WOOLSEY, Mr. STARK, 
Mr. ALLEN, Mr. PALLONE, Ms. LORETTA SANCHEZ of California, Mr. 
HONDA, and Mrs. CAPPS) introduced the following bill; which was re-
ferred to the Committee on Transportation and Infrastructure 
A BILL 
To establish national standards for discharges from cruise 
vessels into the waters of the United States, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
This Act may be cited as the ‘‘Clean Cruise Ship Act of 
2004’’. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Clean Cruise Ship Act of 2004’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
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. 
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. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds that— 
(1) cruise vessels carry millions of passengers 
each year, and in 2001 carried 8,400,000 passengers 
in North America; 
(2) cruise vessels carry passengers to and 
through the most beautiful ocean areas in the 
United States and provide many people in the 
United States ample opportunities to relax and learn 
about oceans and marine ecosystems; 
(3) ocean pollution threatens the beautiful and 
inspiring oceans and marine wildlife that many 
cruise vessels intend to present to travelers; 
(4) cruise vessels generate tremendous quan-
tities of pollution, including— 
(A) sewage (including sewage sludge); 
(B) graywater from showers, sinks, laun-
dries, baths, and galleys;
(C) oily water; 
(D) toxic chemicals from photo processing, 
dry cleaning, and paints; 
(E) ballast water; 
(F) solid wastes; and 
(G) emissions of air pollutants; 
(5) some of the pollution generated by cruise 
ships, particularly sewage discharge, can lead to 
high levels of nutrients that are known to harm and 
kill coral reefs and which can increase the quantity 
of pathogens in the water and heighten the suscepti-
bility of many coral species to scarring and disease; 
(6) laws (including regulations) in effect as of 
the date of enactment of this Act do not provide 
adequate controls, monitoring, or enforcement of 
certain discharges from cruise vessels into the wa-
ters of the United States; and 
(7) to protect coastal and ocean areas of the 
United States from pollution generated by cruise 
vessels, new Federal legislation is needed to reduce 
and better regulate discharges from cruise vessels, 
and to improve monitoring, reporting, and enforce-
ment of discharges. 
(b) PURPOSES.—The purposes of this Act are—
(1) to prevent the discharge of any untreated 
sewage or graywater from a cruise vessel entering 
ports of the United States into the waters of the 
United States; 
(2) to prevent the discharge of any treated sew-
age, sewage sludge, graywater, or bilge water from 
cruise vessels entering ports of the United States 
into the territorial sea; 
(3) to establish new national effluent limits and 
management standards for the discharge of treated 
sewage or graywater from cruise vessels entering 
ports of the United States into the exclusive eco-
nomic zone of the United States in any case in 
which the discharge is not within an area in which 
discharges are prohibited; and 
(4) to ensure that cruise vessels entering ports 
of the United States comply with all applicable envi-
ronmental laws. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) COMMANDANT.—The term ‘‘Commandant’’ 
means the Commandant of the Coast Guard. 
(2) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(3) TERRITORIAL SEA.— 
(A) IN GENERAL.—The term ‘‘territorial 
sea’’ means the belt of the sea measured from 
the baseline of the United States determined in 
accordance with international law, as set forth 
in Presidential Proclamation number 5928, 
dated December 27, 1988. 
(B) INCLUSION.—The term ‘‘territorial 
sea’’ includes the waters lying seaward of the 
line of ordinary low water and extending to the 
baseline of the United States described in sub-
paragraph (A). 
(4) EXCLUSIVE
ECONOMIC
ZONE.—The term 
‘‘exclusive economic zone’’ means the Exclusive Eco-
nomic Zone of the United States established by 
Presidential Proclamation number 5030, dated 
March 10, 1983. 
(5) WATERS
OF
THE
UNITED
STATES.—The 
term ‘‘waters of the United States’’ means the wa-
ters of the territorial sea, the exclusive economic 
zone, and the Great Lakes. 
(6) GREAT
LAKE.—The term ‘‘Great Lake’’ 
means— 
(A) Lake Erie;
(B) Lake Huron (including Lake Saint 
Clair); 
(C) Lake Michigan; 
(D) Lake Ontario; and 
(E) Lake Superior. 
(7) CRUISE VESSEL.— 
(A) IN GENERAL.—The term ‘‘cruise ves-
sel’’ means a passenger vessel (as defined in 
section 2101(22) of title 46, United States 
Code), that— 
(i) is authorized to carry at least 250 
passengers; and 
(ii) has onboard sleeping facilities for 
each passenger. 
(B) EXCLUSIONS.—The term ‘‘cruise ves-
sel’’ does not include— 
(i) a vessel of the United States oper-
ated by the Federal Government; or 
(ii) a vessel owned and operated by 
the government of a State. 
(8) PASSENGER.— 
(A) IN GENERAL.—The term ‘‘passenger’’ 
means any person on board a cruise vessel for 
the purpose of travel.
(B) INCLUSIONS.—The term ‘‘passenger’’ 
includes— 
(i) a paying passenger; and 
(ii) a staffperson, such as a crew 
member, captain, or officer. 
(9) PERSON.—The term ‘‘person’’ means— 
(A) an individual; 
(B) a corporation; 
(C) a partnership; 
(D) a limited liability company; 
(E) an association; 
(F) a State; 
(G) a municipality; 
(H) a commission or political subdivision 
of a State; and 
(I) an Indian tribe. 
(10) CITIZEN.—The term ‘‘citizen’’ means a 
person that has an interest that is or may be ad-
versely affected by any provision of this Act. 
(11) DISCHARGE.— 
(A) IN GENERAL.—The term ‘‘discharge’’ 
means a release of any substance, however 
caused, from a cruise vessel. 
(B) INCLUSIONS.—The term ‘‘discharge’’ 
includes any escape, disposal, spilling, leaking,
pumping, emitting or emptying of any sub-
stance. 
(12) SEWAGE.—The term ‘‘sewage’’ means— 
(A) human body wastes; 
(B) the wastes from toilets and other re-
ceptacles intended to receive or retain human 
body wastes; and 
(C) sewage sludge. 
(13) GRAYWATER.—The term ‘‘graywater’’ 
means galley, dishwasher, bath, and laundry waste 
water. 
(14) BILGE WATER.—The term ‘‘bilge water’’ 
means wastewater that includes lubrication oils, 
transmission oils, oil sludge or slops, fuel or oil 
sludge, used oil, used fuel or fuel filters, or oily 
waste. 
(15) SEWAGE SLUDGE.— 
(A) IN
GENERAL.—The term ‘‘sewage 
sludge’’ means any solid, semi-solid, or liquid 
residue removed during the treatment of munic-
ipal waste water or domestic sewage. 
(B) 
INCLUSIONS.—The 
term 
‘‘sewage 
sludge’’ includes—
(i) solids removed during primary, 
secondary, or advanced waste water treat-
ment; 
(ii) scum; 
(iii) septage; 
(iv) portable toilet pumpings; 
(v) type III marine sanitation device 
pumpings (as defined in part 159 of title 
33, Code of Federal Regulations); and 
(vi) sewage sludge products. 
(C) 
EXCLUSIONS.—The 
term 
‘‘sewage 
sludge’’ does not include— 
(i) grit or screenings; or 
(ii) ash generated during the inciner-
ation of sewage sludge. 
(16) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given in section 4 of the Indian 
Self-Determination and Education Assistance Act 
(25 U.S.C. 450b). 
SEC. 4. PROHIBITIONS AND CONDITIONS REGARDING THE 
DISCHARGE OF SEWAGE, GRAYWATER, OR 
BILGE WATER. 
(a) PROHIBITION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2) and section 11, no cruise vessel entering
a port of the United States may discharge sewage, 
graywater, or bilge water into the waters of the 
United States. 
(2) EXCEPTION.—A cruise vessel described in 
paragraph (1) may discharge sewage, graywater, or 
bilge water into the exclusive economic zone but out-
side the territorial sea, or, in the case of the Great 
Lakes, beyond any point that is 12 miles from the 
shore, only if— 
(A)(i) in the case of a discharge of sewage 
or graywater, the discharge meets all applicable 
effluent limits established under this Act and is 
in accordance with all other applicable laws (in-
cluding regulations); or 
(ii) in the case of a discharge of bilge 
water, the discharge is in accordance with all 
applicable laws (including regulations); 
(B) the cruise vessel meets all applicable 
management standards established under this 
Act; and 
(C) the cruise vessel is not discharging in 
an area in which the discharge is otherwise pro-
hibited. 
(b) SAFETY EXCEPTION.—
(1) SCOPE
OF
EXCEPTION.—Subsection (a) 
shall not apply in any case in which— 
(A) a discharge is made solely for the pur-
pose of securing the safety of the cruise vessel 
or saving a human life at sea; and 
(B) all reasonable precautions have been 
taken for the purpose of preventing or mini-
mizing the discharge. 
(2) NOTIFICATION OF COMMANDANT.— 
(A) IN GENERAL.—If the owner, operator, 
or master, or other individual in charge, of a 
cruise vessel authorizes a discharge described in 
paragraph (1), the individual shall notify the 
Commandant of the decision to authorize the 
discharge as soon as practicable, but not later 
than 24 hours, after authorizing the discharge. 
(B) REPORT.—Not later than 7 days after 
the date on which an individual described in 
subparagraph (A) notifies the Commandant of 
an authorization of a discharge under the safety 
exception under this paragraph, the individual 
shall submit to the Commandant a report that 
includes—
(i) the quantity and composition of 
each discharge made under the safety ex-
ception; 
(ii) the reason for authorizing each 
discharge; 
(iii) the location of the vessel during 
the course of each discharge; and 
(iv) such other supporting information 
and data as are requested by the Com-
mandant. 
SEC. 5. EFFLUENT LIMITS FOR DISCHARGES OF SEWAGE 
AND GRAYWATER. 
(a) EFFLUENT LIMITS.— 
(1) IN GENERAL.—Not later than 3 years after 
the date of enactment of this Act, the Commandant 
and the Administrator shall jointly promulgate efflu-
ent limits for sewage and graywater discharges from 
cruise vessels entering ports of the United States. 
(2) 
REQUIREMENTS.—The 
effluent 
limits 
shall— 
(A) require the application of the best 
available technology that will result in the 
greatest level of effluent reduction achievable, 
recognizing that the national goal is the elimi-
nation of the discharge of all pollutants in sew-
age and graywater by cruise vessels into the wa-
ters of the United States by 2015; and 
(B) require compliance with all relevant 
water quality criteria standards. 
(b) MINIMUM LIMITS.—The effluent limits under 
subsection (a) shall require, at a minimum, that treated 
sewage and graywater effluent discharges from cruise ves-
sels shall, not later than 3 years after the date of enact-
ment of this Act, meet the following standards: 
(1) IN GENERAL.—The discharge satisfies the 
minimum level of effluent quality specified in section 
133.102 of title 40, Code of Regulations (or a suc-
cessor regulation). 
(2) FECAL
COLIFORM.—With respect to the 
samples from the discharge during any 30-day pe-
riod— 
(A) the geometric mean of the samples 
shall not exceed 20 fecal coliform per 100 milli-
liters; and 
(B) not more than 10 percent of the sam-
ples shall exceed 40 fecal coliform per 100 milli-
liters. 
(3) RESIDUAL
CHLORINE.—Concentrations of 
total residual chlorine in samples shall not exceed 10 
milligrams per liter.
(c) REVIEW AND REVISION OF EFFLUENT LIMITS.— 
The Commandant and the Administrator shall jointly— 
(1) review the effluent limits required by sub-
section (a) at least once every 3 years; and 
(2) revise the effluent limits as necessary to in-
corporate technology available at the time of the re-
view in accordance with subsection (a)(2). 
SEC. 6. INSPECTION AND SAMPLING. 
(a) DEVELOPMENT AND IMPLEMENTATION OF IN-
SPECTION PROGRAM.— 
(1) IN GENERAL.—The Commandant, in con-
sultation with the Administrator, shall promulgate 
regulations to implement an inspection, sampling, 
and testing program sufficient to verify that cruise 
vessels calling on ports of the United States are in 
compliance with— 
(A) this Act (including regulations promul-
gated under this Act); 
(B) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.) (including regula-
tions promulgated under that Act); 
(C) other applicable Federal laws and reg-
ulations; and 
(D) all applicable requirements of inter-
national agreements.
(2) INSPECTIONS.—The program shall require 
that— 
(A) regular announced and unannounced 
inspections be conducted of any relevant aspect 
of cruise vessel operations, equipment, or dis-
charges, including sampling and testing of 
cruise vessel discharges; and 
(B) each cruise vessel that calls on a port 
of the United States shall be subject to an un-
announced inspection at least annually. 
(b) REGULATIONS.—Not later than 1 year after the 
date of enactment of this Act, the Commandant, in con-
sultation with the Administrator, shall promulgate regula-
tions that, at a minimum— 
(1) require the owner, operator, or master, or 
other individual in charge, of a cruise vessel to main-
tain and produce a logbook detailing the times, 
types, volumes, and flow rates, origins, and locations 
of any discharges from the cruise vessel; 
(2) provide for routine announced and unan-
nounced inspections of— 
(A) cruise vessel environmental compliance 
records and procedures; and 
(B) the functionality and proper operation 
of installed equipment for abatement and con-
trol of any cruise vessel discharge (which equip-
ment shall include equipment intended to treat 
sewage, graywater, or bilge water); 
(3) require the sampling and testing of cruise 
vessel discharges that require the owner, operator, 
or master, or other individual in charge, of a cruise 
vessel— 
(A) to conduct that sampling or testing; 
and 
(B) to produce any records of the sampling 
or testing; 
(4) require any owner, operator, or master, or 
other individual in charge, of a cruise vessel who has 
knowledge of a discharge from the cruise vessel in 
violation of this Act (including regulations promul-
gated under this Act) to immediately report that dis-
charge to the Commandant (who shall provide notifi-
cation of the discharge to the Administrator); and 
(5) require the owner, operator, or master, or 
other individual in charge, of a cruise vessel to pro-
vide to the Commandant and Administrator a blue-
print of each cruise vessel that includes the location 
of every discharge pipe and valve. 
(c) EVIDENCE OF COMPLIANCE.— 
(1) VESSEL OF THE UNITED STATES.—
(A) IN
GENERAL.—A cruise vessel reg-
istered in the United States to which this Act 
applies shall have a certificate of inspection 
issued by the Commandant. 
(B) ISSUANCE
OF
CERTIFICATE.—The 
Commandant may issue a certificate described 
in subparagraph (A) only after the cruise vessel 
has been examined and found to be in compli-
ance with this Act, including prohibitions on 
discharges and requirements for effluent limits, 
as determined by the Commandant. 
(C) VALIDITY OF CERTIFICATE.—A certifi-
cate issued under this paragraph— 
(i) shall be valid for a period of not 
more than 5 years, beginning on the date 
of issuance of the certificate; 
(ii) may be renewed as specified by 
the Commandant; and 
(iii) shall be suspended or revoked if 
the Commandant determines that the 
cruise vessel for which the certificate was 
issued is not in compliance with the condi-
tions under which the certificate was 
issued.
(D) SPECIAL
CERTIFICATES.—The Com-
mandant may issue special certificates to cer-
tain vessels that exhibit compliance with this 
Act and other best practices, as determined by 
the Commandant. 
(2) FOREIGN VESSEL.— 
(A) IN
GENERAL.—A cruise vessel reg-
istered in a country other than the United 
States to which this Act applies may operate in 
the waters of the United States, or visit a port 
or place under the jurisdiction of the United 
States, only if the cruise vessel has been issued 
a certificate of compliance by the Commandant. 
(B) ISSUANCE
OF
CERTIFICATE.—The 
Commandant may issue a certificate described 
in subparagraph (A) to a cruise vessel only 
after the cruise vessel has been examined and 
found to be in compliance with this Act, includ-
ing prohibitions on discharges and requirements 
for effluent limits, as determined by the Com-
mandant. 
(C) ACCEPTANCE
OF
FOREIGN
DOCU-
MENTATION.—The Commandant may consider 
a certificate, endorsement, or document issued 
by the government of a foreign country under
a treaty, convention, or other international 
agreement to which the United States is a 
party, in issuing a certificate of compliance 
under this paragraph (except that such a cer-
tificate, endorsement, or document shall not 
serve as a proxy for certification of compliance 
with this Act). 
(D) VALIDITY OF CERTIFICATE.—A certifi-
cate issued under this section— 
(i) shall be valid for a period of not 
more than 24 months, beginning on the 
date of issuance of the certificate; 
(ii) may be renewed as specified by 
the Commandant; and 
(iii) shall be suspended or revoked if 
the Commandant determines that the 
cruise vessel for which the certificate was 
issued is not in compliance with the condi-
tions under which the certificate was 
issued. 
(d) CRUISE OBSERVER PILOT PROGRAM.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Commandant 
shall establish, and for each of fiscal years 2005 
through 2007, shall carry out, a program for the
placement of 2 or more independent observers on 
cruise vessels for the purpose of monitoring and in-
specting cruise vessel operations, equipment, and 
discharges to ensure compliance with— 
(A) this Act (including regulations promul-
gated under this Act); and 
(B) all other relevant Federal laws (includ-
ing regulations) and international agreements. 
(2) RESPONSIBILITIES.—An observer described 
in paragraph (1) shall— 
(A) observe and inspect— 
(i) onboard environmental treatment 
systems; 
(ii) use of shore-based treatment and 
storage facilities; 
(iii) discharges and discharge prac-
tices; and 
(iv) blueprints, logbooks, and other 
relevant information; 
(B) have the authority to interview and 
otherwise query any crew member with knowl-
edge of vessel operations; 
(C) have access to all data and information 
made available to government officials under 
this section; and
(D) immediately report any known or sus-
pected violation of this Act or any other appli-
cable Federal law or international agreement 
to— 
(i) the Coast Guard; and 
(ii) the Environmental Protection 
Agency. 
(3) REPORT.—Not later than January 31, 
2007, the Commandant shall submit to Congress a 
report describing the results, and recommendations 
for continuance, of the program under this sub-
section. 
(e) ONBOARD MONITORING SYSTEM PILOT PRO-
GRAM.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Administrator 
of the National Oceanic and Atmospheric Adminis-
tration, in consultation with the Administrator and 
the Commandant, shall establish, and for each of fis-
cal years 2005 through 2010, shall carry out, with 
industry partners as necessary, a pilot program to 
develop and promote commercialization of tech-
nologies to provide real-time data to Federal agen-
cies regarding—
(A) graywater and sewage discharges from 
cruise vessels; and 
(B) functioning of cruise vessel compo-
nents relating to pollution control. 
(2) 
TECHNOLOGY
REQUIREMENTS.—Tech-
nologies developed under the program under this 
subsection— 
(A) shall have the ability to record— 
(i) the location and time of discharges 
from cruise vessels; 
(ii) the source, content, and volume of 
those discharges; and 
(iii) the state of components relating 
to pollution control at the time of the dis-
charges, including whether the components 
are operating correctly; and 
(B) shall be tested on not less than 10 per-
cent of all cruise vessels operating in the terri-
torial sea of the United States, including large 
and small vessels. 
(3) PARTICIPATION OF INDUSTRY.— 
(A) COMPETITIVE SELECTION PROCESS.— 
Industry partners willing to participate in the 
program may do so through a competitive selec-
tion process conducted by the Administrator of
the National Oceanic and Atmospheric Admin-
istration. 
(B) CONTRIBUTION.—A selected industry 
partner shall contribute not less than 20 per-
cent of the cost of the project in which the in-
dustry partner participates. 
(4) REPORT.—Not later than January 31, 
2007, the Administrator of the National Oceanic 
and Atmospheric Administration shall submit to 
Congress a report describing the results, and rec-
ommendations for continuance, of the program 
under this subsection. 
SEC. 7. EMPLOYEE PROTECTION. 
(a) PROHIBITION OF DISCRIMINATION AGAINST PER-
SONS FILING, INSTITUTING, OR TESTIFYING
IN PRO-
CEEDINGS UNDER THIS ACT.—No person shall terminate 
the employment of, or in any other way discriminate 
against (or cause the termination of employment of or dis-
crimination against), any employee or any authorized rep-
resentative of employees by reason of the fact that the em-
ployee or representative— 
(1) has filed, instituted, or caused to be filed or 
instituted any proceeding under this Act; or
(2) has testified or is about to testify in any 
proceeding resulting from the administration or en-
forcement of the provisions of this Act. 
(b) APPLICATION
FOR
REVIEW; INVESTIGATION; 
HEARINGS; REVIEW.— 
(1) IN GENERAL.—An employee or a represent-
ative of employees who believes that the termination 
of the employment of the employee has occurred, or 
that the employee has been discriminated against, as 
a result of the actions of any person in violation of 
subsection (a) may, not later than 30 days after the 
date on which the alleged violation occurred, apply 
to the Secretary of Labor for a review of the alleged 
termination of employment or discrimination. 
(2) APPLICATION.—A copy of an application for 
review filed under paragraph (1) shall be sent to the 
respondent. 
(3) INVESTIGATION.— 
(A) IN GENERAL.—On receipt of an appli-
cation for review under paragraph (1), the Sec-
retary of Labor shall carry out an investigation 
of the complaint. 
(B) REQUIREMENTS.—In carrying out this 
subsection, the Secretary of Labor shall—
(i) provide an opportunity for a public 
hearing at the request of any party to the 
review to enable the parties to present in-
formation relating to the alleged violation; 
(ii) ensure that, at least 5 days before 
the date of the hearing, each party to the 
hearing is provided written notice of the 
time and place of the hearing; and 
(iii) ensure that the hearing is on the 
record and subject to section 554 of title 
5, United States Code. 
(C) 
FINDINGS
OF
COMMANDANT.—On 
completion of an investigation under this para-
graph, the Secretary of Labor shall— 
(i) make findings of fact; 
(ii) if the Secretary of Labor deter-
mines that a violation did occur, issue a 
decision, incorporating an order and the 
findings, requiring the person that com-
mitted the violation to take such action as 
is necessary to abate the violation, includ-
ing the rehiring or reinstatement, with 
compensation, of an employee or represent-
ative of employees to the former position of 
the employee or representative; and
(iii) if the Secretary of Labor deter-
mines that there was no violation, issue an 
order denying the application. 
(D) ORDER.—An order issued by the Sec-
retary of Labor under subparagraph (C) shall 
be subject to judicial review in the same man-
ner as orders and decisions of the Adminis-
trator are subject to judicial review under this 
Act. 
(c) COSTS AND EXPENSES.—In any case in which an 
order is issued under this section to abate a violation, at 
the request of the applicant, a sum equal to the aggregate 
amount of all costs and expenses (including attorney’s 
fees), as determined by the Secretary of Labor, to have 
been reasonably incurred by the applicant for, or in con-
nection with, the institution and prosecution of the pro-
ceedings, shall be assessed against the person committing 
the violation. 
(d) DELIBERATE VIOLATIONS BY EMPLOYEE ACTING 
WITHOUT DIRECTION FROM EMPLOYER OR AGENT.— 
This section shall not apply to any employee that, without 
direction from the employer of the employee (or agent of 
the employer), deliberately violates any provision of this 
Act.
SEC. 8. JUDICIAL REVIEW. 
(a) REVIEW OF ACTIONS BY ADMINISTRATOR OR 
COMMANDANT; SELECTION OF COURT; FEES.— 
(1) REVIEW OF ACTIONS.— 
(A) IN GENERAL.—Any interested person 
may petition for a review, in the United States 
circuit court for the circuit in which the person 
resides or transacts business directly affected 
by the action of which review is requested— 
(i) of an action of the Commandant in 
promulgating any effluent limit under sec-
tion 5; or 
(ii) of an action of the Commandant 
in carrying out an inspection, sampling, or 
testing under section 6. 
(B) DEADLINE FOR REVIEW.—A petition 
for review under subparagraph (A) shall be 
made— 
(i) not later than 120 days after the 
date of promulgation of the limit or stand-
ard relating to the review sought; or 
(ii) if the petition for review is based 
solely on grounds that arose after the date 
described in clause (i), as soon as prac-
ticable after that date.
(2) CIVIL AND CRIMINAL ENFORCEMENT PRO-
CEEDINGS.—An action of the Commandant or Ad-
ministrator with respect to which review could have 
been obtained under paragraph (1) shall not be sub-
ject to judicial review in any civil or criminal pro-
ceeding for enforcement. 
(3) AWARD
OF
FEES.—In any judicial pro-
ceeding under this subsection, a court may award 
costs of litigation (including reasonable attorney and 
expert witness fees) to any prevailing or substan-
tially prevailing party in any case in which the court 
determines such an award to be appropriate. 
(b) ADDITIONAL EVIDENCE.— 
(1) IN GENERAL.—In any judicial proceeding 
instituted under subsection (a) in which review is 
sought of a determination under this Act required to 
be made on the record after notice and opportunity 
for hearing, if any party applies to the court for 
leave to adduce additional evidence, and dem-
onstrates to the satisfaction of the court that the ad-
ditional evidence is material and that there were rea-
sonable grounds for the failure to adduce the evi-
dence in the proceeding before the Commandant or 
Administrator, the court may order the additional 
evidence (and evidence in rebuttal of the additional
evidence) to be taken before the Commandant or Ad-
ministrator, in such manner and on such terms and 
conditions as the court determines to be appropriate. 
(2) MODIFICATION OF FINDINGS.—On admis-
sion of additional evidence under paragraph (1), the 
Commandant or Administrator— 
(A) may modify findings of fact of the 
Commandant or Administrator, as the case may 
be, relating to a judicial proceeding, or make 
new findings of fact, by reason of the additional 
evidence so admitted; and 
(B) shall file with the return of the addi-
tional evidence any modified or new findings, 
and any related recommendations, for the modi-
fication or setting aside of any original deter-
minations of the Commandant or Adminis-
trator. 
SEC. 9. ENFORCEMENT. 
(a) IN GENERAL.—Any person that violates section 
4 or any regulation promulgated under this Act may be— 
(1) assessed a class I or class II penalty de-
scribed in subsection (b); or 
(2) assessed a civil penalty in a civil action 
under subsection (c). 
(b) AMOUNT OF ADMINISTRATIVE PENALTY.—
(1) CLASS I.—The amount of a class I civil 
penalty under subsection (a)(1) shall not exceed— 
(A) $10,000 per violation; or 
(B) $25,000 in the aggregate, in the case 
of multiple violations. 
(2) CLASS II.—The amount of a class II civil 
penalty under subsection (a)(1) shall not exceed— 
(A) $10,000 per day for each day during 
which the violation continues; or 
(B) $125,000 in the aggregate, in the case 
of multiple violations. 
(3) SEPARATE
VIOLATIONS.—Each day on 
which a violation continues shall constitute a sepa-
rate violation. 
(4) DETERMINATION
OF
AMOUNT.—In deter-
mining the amount of a civil penalty under sub-
section (a)(1), the Commandant or the court, as the 
case may be, shall consider— 
(A) the seriousness of the violation; 
(B) any economic benefit resulting from 
the violation; 
(C) any history of violations; 
(D) any good-faith efforts to comply with 
the applicable requirements;
(E) the economic impact of the penalty on 
the violator; and 
(F) such other matters as justice may re-
quire. 
(5) PROCEDURE FOR CLASS I PENALTY.— 
(A) IN GENERAL.—Before assessing a civil 
penalty under this subsection, the Commandant 
shall provide to the person to be assessed the 
penalty— 
(i) written notice of the proposal of 
the Commandant to assess the penalty; 
and 
(ii) the opportunity to request, not 
later than 30 days after the date on which 
the notice is received by the person, a 
hearing on the proposed penalty. 
(B) HEARING.—A hearing described in 
subparagraph (A)(ii)— 
(i) shall not be subject to section 554 
or 556 of title 5, United States Code; but 
(ii) shall provide a reasonable oppor-
tunity to be heard and to present evidence. 
(6) PROCEDURE FOR CLASS II PENALTY.— 
(A) IN
GENERAL.—Except as otherwise 
provided in this subsection, a class II civil pen-
alty shall be assessed and collected in the same 
manner, and subject to the same provisions, as 
in the case of civil penalties assessed and col-
lected after notice and an opportunity for a 
hearing on the record in accordance with sec-
tion 554 of title 5, United States Code. 
(B) RULES.—The Commandant may pro-
mulgate rules for discovery procedures for hear-
ings under this subsection. 
(7) RIGHTS OF INTERESTED PERSONS.— 
(A) PUBLIC
NOTICE.—Before issuing an 
order assessing a class II civil penalty under 
this subsection, the Commandant shall provide 
public notice of and reasonable opportunity to 
comment on the proposed issuance of each 
order. 
(B) PRESENTATION OF EVIDENCE.— 
(i) IN
GENERAL.—Any person that 
comments on a proposed assessment of a 
class II civil penalty under this subsection 
shall be given notice of— 
(I) any hearing held under this 
subsection; and 
(II) any order assessing the pen-
alty.
(ii) HEARING.—In any hearing de-
scribed in clause (i)(I), a person described 
in clause (i) shall have a reasonable oppor-
tunity to be heard and to present evidence. 
(C) RIGHTS OF INTERESTED PERSONS TO 
A HEARING.— 
(i) IN
GENERAL.—If no hearing is 
held under subparagraph (B) before the 
date of issuance of an order assessing a 
class II civil penalty under this subsection, 
any person that commented on the pro-
posed assessment may, not later than 30 
days after the date of issuance of the 
order, petition the Commandant— 
(I) to set aside the order; and 
(II) to provide a hearing on the 
penalty. 
(ii) NEW EVIDENCE.—If any evidence 
presented by a petitioner in support of the 
petition under clause (i) is material and 
was not considered in the issuance of the 
order, as determined by the Commandant, 
the Commandant shall immediately— 
(I) set aside the order; and
(II) provide a hearing in accord-
ance with subparagraph (B)(ii). 
(iii) DENIAL
OF
HEARING.—If the 
Commandant denies a hearing under this 
subparagraph, the Commandant shall pro-
vide to the petitioner, and publish in the 
Federal Register, notice of and the reasons 
for the denial. 
(8) FINALITY OF ORDER.— 
(A) IN GENERAL.—An order assessing a 
class II civil penalty under this subsection shall 
become final on the date that is 30 days after 
the date of issuance of the order unless, before 
that date— 
(i) a petition for judicial review is 
filed under paragraph (10); or 
(ii) a hearing is requested under para-
graph (7)(C). 
(B) DENIAL OF HEARING.—If a hearing is 
requested under paragraph (7)(C) and subse-
quently denied, an order assessing a class II 
civil penalty under this subsection shall become 
final on the date that is 30 days after the date 
of the denial.
(9) EFFECT OF ACTION ON COMPLIANCE.—No 
action by the Commandant under this subsection 
shall affect the obligation of any person to comply 
with any provision of this Act. 
(10) JUDICIAL REVIEW.— 
(A) IN
GENERAL.—Any person against 
which a civil penalty is assessed under this sub-
section, or that commented on the proposed as-
sessment of such a penalty in accordance with 
paragraph (7), may obtain review of the assess-
ment in a court described in subparagraph (B) 
by— 
(i) filing a notice of appeal with the 
court within the 30-day period beginning 
on the date on which the civil penalty 
order is issued; and 
(ii) simultaneously sending a copy of 
the notice by certified mail to the Com-
mandant and the Attorney General. 
(B) COURTS OF JURISDICTION.—Review of 
an assessment under subparagraph (A) may be 
obtained by a person— 
(i) in the case of assessment of a class 
I civil penalty, in—
(I) the United States District 
Court for the District of Columbia; or 
(II) the United States district 
court for the district in which the vio-
lation occurred; or 
(ii) in the case of assessment of a 
class II civil penalty, in— 
(I) the United States Court of 
Appeals for the District of Columbia 
Circuit; or 
(II) the United States circuit 
court for any other circuit in which 
the person resides or transacts busi-
ness. 
(C) COPY OF RECORD.—On receipt of no-
tice under subparagraph (A)(ii), the Com-
mandant, shall promptly file with the appro-
priate court a certified copy of the record on 
which the order assessing a civil penalty that is 
the subject of the review was issued. 
(D) SUBSTANTIAL
EVIDENCE.—A court 
with jurisdiction over a review under this para-
graph—
(i) shall not set aside or remand an 
order described in subparagraph (C) un-
less— 
(I) there is not substantial evi-
dence in the record, taken as a whole, 
to support the finding of a violation; 
or 
(II) the assessment by the Com-
mandant of the civil penalty con-
stitutes an abuse of discretion; and 
(ii) shall not impose additional civil 
penalties for the same violation unless the 
assessment by the Commandant of the civil 
penalty constitutes an abuse of discretion. 
(11) COLLECTION.— 
(A) IN GENERAL.—If any person fails to 
pay an assessment of a civil penalty after the 
assessment has become final, or after a court in 
a proceeding under paragraph (10) has entered 
a final judgment in favor of the Commandant, 
the Commandant shall request the Attorney 
General to bring a civil action in an appropriate 
district court to recover— 
(i) the amount assessed; and
(ii) interest that has accrued on the 
amount assessed, as calculated at currently 
prevailing rates beginning on the date of 
the final order or the date of the final 
judgment, as the case may be. 
(B) NONREVIEWABILITY.—In an action to 
recover an assessed civil penalty under subpara-
graph (A), the validity, amount, and appro-
priateness of the civil penalty shall not be sub-
ject to judicial review. 
(C) FAILURE TO PAY PENALTY.—Any per-
son that fails to pay, on a timely basis, the 
amount of an assessment of a civil penalty 
under subparagraph (A) shall be required to 
pay, in addition to the amount of the civil pen-
alty and accrued interest— 
(i) attorney’s fees and other costs for 
collection proceedings; and 
(ii) for each quarter during which the 
failure to pay persists, a quarterly non-
payment penalty in an amount equal to 20 
percent of the aggregate amount of the as-
sessed civil penalties and nonpayment pen-
alties of the person that are unpaid as of 
the beginning of the quarter.
(12) SUBPOENAS.— 
(A) IN GENERAL.—The Commandant may 
issue subpoenas for the attendance and testi-
mony of witnesses and the production of rel-
evant papers, books, or documents in connec-
tion with hearings under this subsection. 
(B) REFUSAL TO OBEY.—In case of contu-
macy or refusal to obey a subpoena issued 
under this paragraph and served on any per-
son— 
(i) the United States district court for 
any district in which the person is found, 
resides, or transacts business, on applica-
tion by the United States and after notice 
to the person, shall have jurisdiction to 
issue an order requiring the person to ap-
pear and give testimony before the Com-
mandant or to appear and produce docu-
ments before the Commandant; and 
(ii) any failure to obey such an order 
of the court may be punished by the court 
as a contempt of the court. 
(c) CIVIL ACTION.—The Commandant may com-
mence, in the United States district court for the district 
in which the defendant is located, resides, or transacts
business, a civil action to impose a civil penalty under this 
subsection in an amount not to exceed $25,000 for each 
day of violation. 
(d) CRIMINAL PENALTIES.— 
(1) NEGLIGENT
VIOLATIONS.—A person that 
negligently violates section 4 or any regulation pro-
mulgated under this Act commits a Class A mis-
demeanor. 
(2) KNOWING
VIOLATIONS.—Any person that 
knowingly violates section 4 or any regulation pro-
mulgated under this Act commits a Class D felony. 
(3) FALSE
STATEMENTS.—Any person that 
knowingly makes any false statement, representa-
tion, or certification in any record, report, or other 
document filed or required to be maintained under 
this Act or any regulation promulgated under this 
Act, or that falsifies, tampers with, or knowingly 
renders inaccurate any testing or monitoring device 
or method required to be maintained under this Act 
or any regulation promulgated under this Act, com-
mits a Class D felony. 
(e) REWARDS.— 
(1) PAYMENTS TO INDIVIDUALS.— 
(A) IN
GENERAL.—The Commandant or 
the court, as the case may be, may order pay-
ment, from a civil penalty or criminal fine col-
lected under this section, of an amount not to 
exceed 1⁄2 of the civil penalty or fine, to any in-
dividual who furnishes information that leads to 
the payment of the civil penalty or criminal 
fine. 
(B) MULTIPLE
INDIVIDUALS.—If 2 or 
more individuals provide information described 
in subparagraph (A), the amount available for 
payment as a reward shall be divided equitably 
among the individuals. 
(C) INELIGIBLE INDIVIDUALS.—No officer 
or employee of the United States, a State, or an 
Indian tribe who furnishes information or ren-
ders service in the performance of the official 
duties of the officer or employee shall be eligible 
for a reward payment under this subsection. 
(2) 
PAYMENTS
TO
STATES
OR
INDIAN 
TRIBES.—The Commandant or the court, as the 
case may be, may order payment, from a civil pen-
alty or criminal fine collected under this section, to 
a State or Indian tribe providing information or in-
vestigative assistance that leads to payment of the 
penalty or fine, of an amount that reflects the level 
of information or investigative assistance provided.
(3) PAYMENTS
DIVIDED
AMONG
STATES, IN-
DIAN
TRIBES, AND
INDIVIDUALS.—In a case in 
which a State or Indian tribe and an individual 
under paragraph (1) are eligible to receive a reward 
payment under this subsection, the Commandant or 
the court shall divide the amount available for the 
reward equitably among those recipients. 
(f) LIABILITY IN REM.—A cruise vessel operated in 
violation of this Act or any regulation promulgated under 
this Act— 
(1) shall be liable in rem for any civil penalty 
or criminal fine imposed under this section; and 
(2) may be subject to a proceeding instituted in 
the United States district court for any district in 
which the cruise vessel may be found. 
(g) COMPLIANCE ORDERS.— 
(1) IN GENERAL.—If the Commandant deter-
mines that any person is in violation of section 4 or 
any regulation promulgated under this Act, the 
Commandant shall— 
(A) issue an order requiring the person to 
comply with the section or requirement; or 
(B) bring a civil action in accordance with 
subsection (b). 
(2) COPIES OF ORDER, SERVICE.—
(A) CORPORATE ORDERS.—In any case in 
which an order under this subsection is issued 
to a corporation, a copy of the order shall be 
served on any appropriate corporate officer. 
(B) METHOD
OF
SERVICE; SPECIFICA-
TIONS.—An order issued under this subsection 
shall— 
(i) be by personal service; 
(ii) state with reasonable specificity 
the nature of the violation for which the 
order was issued; and 
(iii) specify a deadline for compliance 
that is not later than— 
(I) 30 days after the date of 
issuance of the order, in the case of a 
violation of an interim compliance 
schedule or operation and mainte-
nance requirement; and 
(II) such date as the Com-
mandant, taking into account the seri-
ousness of the violation and any good 
faith efforts to comply with applicable 
requirements, determines to be rea-
sonable, in the case of a violation of 
a final deadline.
(h) CIVIL ACTIONS.— 
(1) IN GENERAL.—The Commandant may com-
mence a civil action for appropriate relief, including 
a permanent or temporary injunction, for any viola-
tion for which the Commandant is authorized to 
issue a compliance order under this subsection. 
(2) COURT OF JURISDICTION.— 
(A) IN
GENERAL.—A civil action under 
this subsection may be brought in the United 
States district court for the district in which 
the defendant is located, resides, or is doing 
business. 
(B) JURISDICTION.—A court described in 
subparagraph (A) shall have jurisdiction to 
grant injunctive relief to address a violation, 
and require compliance, by the defendant. 
SEC. 10. CITIZEN SUITS. 
(a) AUTHORIZATION.—Except as provided in sub-
section (c), any citizen may commence a civil action on 
his or her own behalf— 
(1) against any person (including the United 
States and any other governmental instrumentality 
or agency to the extent permitted by the eleventh 
amendment of the Constitution) that is alleged to be 
in violation of—
(A) the conditions imposed by section 4; 
(B) an effluent limit or management 
standard under this Act; or 
(C) an order issued by the Administrator 
or Commandant with respect to such a condi-
tion, effluent limit, or performance standard; or 
(2) against the Administrator or Commandant, 
in a case in which there is alleged a failure by the 
Administrator or Commandant to perform any non-
discretionary act or duty under this Act. 
(b) JURISDICTION.—The United States district 
courts shall have jurisdiction, without regard to the 
amount in controversy or the citizenship of the parties— 
(1) to enforce a condition, effluent limit, per-
formance standard, or order described in subsection 
(a)(1); 
(2) to order the Administrator or Commandant 
to perform a nondiscretionary act or duty described 
in subsection (a)(2); and 
(3) to apply any appropriate civil penalties 
under section 9(b). 
(c) NOTICE.—No action may be commenced under 
this section—
(1) before the date that is 60 days after the 
date on which the plaintiff gives notice of the alleged 
violation— 
(A) to the Administrator or Commandant; 
and 
(B) to any alleged violator of the condition, 
limit, standard, or order; or 
(2) if the Administrator or Commandant has 
commenced and is diligently prosecuting a civil or 
criminal action on the same matter in a court of the 
United States (but in any such action, a citizen may 
intervene as a matter of right). 
(d) VENUE.— 
(1) IN GENERAL.—Any civil action under this 
section shall be brought in— 
(A) the United States District Court for 
the District of Columbia; or 
(B) any other United States district court 
for any judicial district in which a cruise vessel 
or the owner or operator of a cruise vessel are 
located. 
(2) INTERVENTION.—In a civil action under 
this section, the Administrator or the Commandant, 
if not a party, may intervene as a matter of right. 
(3) PROCEDURES.—
(A) SERVICE.—In any case in which a civil 
action is brought under this section in a court 
of the United States, the plaintiff shall serve a 
copy of the complaint on— 
(i) the Attorney General; 
(ii) the Administrator; and 
(iii) the Commandant. 
(B) CONSENT
JUDGMENTS.—No consent 
judgment shall be entered in a civil action 
under this section to which the United States is 
not a party before the date that is 45 days after 
the date of receipt of a copy of the proposed 
consent judgment by— 
(i) the Attorney General; 
(ii) the Administrator; and 
(iii) the Commandant. 
(e) LITIGATION COSTS.— 
(1) IN GENERAL.—A court of jurisdiction, in 
issuing any final order in any civil action brought in 
accordance with this section, may award costs of liti-
gation (including reasonable attorney’s and expert 
witness fees) to any prevailing or substantially pre-
vailing party, in any case in which the court deter-
mines that such an award is appropriate.
(2) SECURITY.—In any civil action under this 
section, the court of jurisdiction may, if a temporary 
restraining order or preliminary injunction is sought, 
require the filing of a bond or equivalent security in 
accordance with the Federal Rules of Civil Proce-
dure. 
(f) STATUTORY OR COMMON LAW RIGHTS NOT RE-
STRICTED.—Nothing in this section restricts the rights of 
any person (or class of persons) under any statute or com-
mon law to seek enforcement or other relief (including re-
lief against the Administrator or Commandant). 
(g) CIVIL ACTION BY STATE GOVERNORS.—A Gov-
ernor of a State may commence a civil action under sub-
section (a) of this section, without regard to the limitation 
under subsection (c), against the Administrator or Com-
mandant in any case in which there is alleged a failure 
of the Administrator or Commandant to enforce an efflu-
ent limit or performance standard under this Act, the vio-
lation of which is causing— 
(1) an adverse effect on the public health or 
welfare in the State; or 
(2) a violation of any water quality requirement 
in the State.
SEC. 11. ALASKAN CRUISE VESSELS. 
(a) DEFINITION OF ALASKAN CRUISE VESSEL.—In 
this section, the term ‘‘Alaskan cruise vessel’’ means a 
cruise vessel— 
(1) that seasonally operates in water of or sur-
rounding the State of Alaska; 
(2) in which is installed, not later than the date 
of enactment of this Act (or, at the option of the 
Commandant, not later than September 30 of the 
fiscal year in which this Act is enacted), and cer-
tified by the State of Alaska for continuous dis-
charge and operation in accordance with all applica-
ble Federal and State law (including regulations), an 
advanced treatment system for the treatment and 
discharge of graywater and sewage; and 
(3) that enters a port of the United States. 
(b) APPLICABILITY.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), an Alaskan cruise vessel shall not be sub-
ject to this Act (including regulations promulgated 
under this Act) until the date that is 15 years after 
the date of enactment of this Act. 
(2) EXCEPTIONS.—An Alaskan cruise vessel— 
(A) shall not be subject to the minimum 
effluent limits prescribed under section 5(b)
until the date that is 3 years after the date of 
enactment of this Act; 
(B) shall not be subject to effluent limits 
promulgated under section 5(a) or 5(c) until 
the date that is 6 years after the date of enact-
ment of this Act; and 
(C) shall be prohibited from discharging 
sewage, graywater, and bilge water in the terri-
torial sea, in accordance with this Act, as of the 
date of enactment of this Act. 
SEC. 12. BALLAST WATER. 
It is the sense of Congress that action should be 
taken to enact legislation requiring strong, mandatory 
standards for ballast water to reduce the threat of aquatic 
invasive species. 
SEC. 13. FUNDING. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Commandant and 
the Administrator such sums as are necessary to carry out 
this Act for each of fiscal years 2005 through 2009. 
(b) CRUISE VESSEL POLLUTION CONTROL FUND.— 
(1) ESTABLISHMENT.—There is established in 
the general fund of the Treasury a separate account 
to be known as the ‘‘Cruise Vessel Pollution Control 
Fund’’ (referred to in this section as the ‘‘Fund’’).
(2) APPROPRIATION OF AMOUNTS.—There are 
appropriated to the Fund such amounts as are de-
posited in the Fund under subsection (c)(5). 
(3) USE OF AMOUNTS IN FUND.—The Adminis-
trator and the Commandant may use amounts in the 
fund, without further appropriation, to carry out 
this Act. 
(c) FEES ON CRUISE VESSELS.— 
(1) IN GENERAL.—The Commandant shall es-
tablish and collect from each cruise vessel a reason-
able and appropriate fee, in an amount not to exceed 
$10 for each paying passenger on a cruise vessel 
voyage, for use in carrying out this Act. 
(2) ADJUSTMENT OF FEE.— 
(A) IN GENERAL.—The Commandant shall 
biennially adjust the amount of the fee estab-
lished under paragraph (1) to reflect changes in 
the Consumer Price Index for All Urban Con-
sumers published by the Department of Labor 
during each 2-year period. 
(B) ROUNDING.—The Commandant may 
round the adjustment in subparagraph (A) to 
the nearest 1/10 of a dollar. 
(3) FACTORS IN ESTABLISHING FEES.—
(A) IN
GENERAL.—In establishing fees 
under paragraph (1), the Commandant may es-
tablish lower levels of fees and the maximum 
amount of fees for certain classes of cruise ves-
sels based on— 
(i) size; 
(ii) economic share; and 
(iii) such other factors as are deter-
mined to be appropriate by the Com-
mandant and Administrator. 
(B) FEE SCHEDULES.—Any fee schedule 
established under paragraph (1), including the 
level of fees and the maximum amount of fees, 
shall take into account— 
(i) cruise vessel routes; 
(ii) the frequency of stops at ports of 
call by cruise vessels; and 
(iii) other relevant considerations. 
(4) COLLECTION OF FEES.—A fee established 
under paragraph (1) shall be collected by the Com-
mandant from the owner or operator of each cruise 
vessel to which this Act applies. 
(5) DEPOSITS TO FUND.—Notwithstanding any 
other provision of law, all fees collected under this 
subsection, and all penalties and payments collected
for violations of this Act, shall be deposited into the 
Fund. 
SEC. 14. EFFECT ON OTHER LAW. 
(a) UNITED STATES.—Nothing in this Act restricts, 
affects, or amends any other law or the authority of any 
department, instrumentality, or agency of the United 
States. 
(b) STATES AND INTERSTATE AGENCIES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), nothing in this Act precludes or denies 
the right of any State (including a political subdivi-
sion of a State) or interstate agency to adopt or en-
force— 
(A) any standard or limit relating to the 
discharge of pollutants by cruise ships; or 
(B) any requirement relating to the control 
or abatement of pollution. 
(2) EXCEPTION.—If an effluent limit, perform-
ance standard, water quality standard, or any other 
prohibition or limitation is in effect under Federal 
law, a State (including a political subdivision of a 
State ) or interstate agency described in paragraph 
(1) may not adopt or enforce any effluent limit, per-
formance standard, water quality standard, or any 
other prohibition that—
(A) is less stringent than the effluent limit, 
performance standard, water quality standard, 
or other prohibition or limitation under this 
Act; or 
(B) impairs or in any manner affects any 
right or jurisdiction of the State with respect to 
the waters of the State. 
Æ