I 
110TH CONGRESS 
2D SESSION 
H. R. 6434 
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 
JULY 8, 2008 
Mr. FARR (for himself, Mr. BLUMENAUER, Mr. ANDREWS, Mrs. CAPPS, Ms. 
ESHOO, Mr. THOMPSON of California, Mr. STARK, Mr. FILNER, Ms. LEE, 
Mr. BACA, Mr. DICKS, Ms. ZOE LOFGREN of California, Mrs. DAVIS of 
California, Mr. DEFAZIO, and Ms. SLAUGHTER) introduced the following 
bill; which was referred to the Committee on Transportation and Infra-
structure 
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. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Clean Cruise Ship Act of 2008’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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Sec. 2. Findings and purposes. 
Sec. 3. Definitions. 
Sec. 4. Prohibitions on the discharge of sewage, graywater, bilge water, sewage 
sludge, incinerator ash, and hazardous waste. 
Sec. 5. Effluent limits for discharges of sewage, graywater, and bilge water. 
Sec. 6. Alaskan cruise vessels. 
Sec. 7. Inspection and sampling. 
Sec. 8. Employee protection. 
Sec. 9. Judicial review. 
Sec. 10. Enforcement. 
Sec. 11. Citizen suits. 
Sec. 12. Sense of Congress on ballast water. 
Sec. 13. Sense of Congress on air pollution. 
Sec. 14. Funding. 
Sec. 15. Effect on other law. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) Cruise vessels carry millions of people 
through North American waters each year, showcase 
some of the most beautiful ocean areas in the United 
States, and provide opportunities for passengers to 
relax and enjoy the oceans and marine ecosystems. 
(2) A single cruise vessel generates a tremen-
dous amount of waste each week, including an esti-
mated 140,000 to 210,000 gallons of blackwater 
(sewage) and 1,000,000 gallons of graywater (in-
cluding wastewater from dishwashers, showers, laun-
dry, baths, and washbasins). Onboard amenities 
such as photo-processing, dry-cleaning, and hair-
dressing also generate hazardous waste streams. 
(3) In its final report, ‘‘An Ocean Blueprint for 
the 21st Century’’, released in 2004, the United 
States Commission on Ocean Policy found that these 
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waste streams and the cumulative impacts caused 
when cruise vessels repeatedly visit the same envi-
ronmentally sensitive areas, ‘‘if not properly dis-
posed of and treated, can be a significant source of 
pathogens and nutrients with the potential to threat-
en human health and damage shellfish beds, coral 
reefs, and other aquatic life,’’ thus threatening the 
very environments cruise vessel passengers seek to 
explore. 
(4) The cruise industry has grown by more 
than 6 percent annually since 2003 and is projected 
to continue growing. Cruise vessel capacity is also 
expanding dramatically; today cruise vessels can 
transport 5,000 passengers and crew members, but 
the next generation of cruise vessels is expected to 
carry 7,000 passengers and crew members. As the 
total number of passengers increases and the num-
ber of passengers per ship increases, the volume of 
waste entering these ocean ecosystems and the im-
pact of that waste on ocean ecosystems will also in-
crease. 
(5) In a 2005 report requested by the Inter-
national Council of Cruise Lines, the Ocean Con-
servation and Tourism Alliance (OCTA) Science 
Panel recommended that ‘‘[a]ll blackwater should be 
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treated’’, that discharging treated blackwater should 
be ‘‘avoided in ports, close to bathing beaches or 
water bodies with restricted circulation, flushing or 
inflow’’, and that blackwater should not be dis-
charged within 4 nautical miles of shellfish beds, 
coral reefs, or other sensitive habitats. 
(6) The OCTA Science Panel further rec-
ommended that graywater be treated in the same 
manner as blackwater and that sewage sludge be off- 
loaded to approved land-based facilities. 
(7) The United States lacks a comprehensive 
wastewater management policy for large passenger 
vessels, and a new statutory regime for managing 
wastewater discharges from large passenger vessels 
that applies throughout the United States is needed 
to protect coastal and ocean areas from pollution 
generated by cruise vessels, to reduce and better reg-
ulate discharges from cruise vessels, and to improve 
monitoring, reporting, and enforcement of standards 
regarding discharges. 
(b) PURPOSE.—The purpose of this Act is to protect 
the health and beauty of the marine and coastal eco-
systems that cruise passengers enjoy, by— 
(1) prohibiting the discharge of any untreated 
sewage, graywater, or bilge water from a cruise ves-
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sel calling on a port of the United States into the 
waters of the United States; 
(2) prohibiting the discharge of any sewage 
sludge, incinerator ash, or hazardous waste from a 
cruise vessel calling on a port of the United States 
into the waters of the United States; 
(3) establishing new national effluent limits for 
the discharge of treated sewage, treated graywater, 
and treated bilge water from cruise vessels not less 
than 12 miles from shore in any case in which the 
discharge is not within an area in which discharges 
are prohibited; and 
(4) ensuring that cruise vessels calling on ports 
of the United States comply with all applicable envi-
ronmental laws. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) BILGE
WATER.—The term ‘‘bilge water’’ 
means waste water that includes lubrication oils, 
transmission oils, oil sludge or slops, fuel or oil 
sludge, used oil, used fuel or fuel filters, or oily 
waste. 
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(3) CITIZEN.—The term ‘‘citizen’’ means a per-
son that has an interest that is or may be adversely 
affected by any provision of this Act. 
(4) COMMANDANT.—The term ‘‘Commandant’’ 
means the Commandant of the Coast Guard. 
(5) CRUISE
VESSEL.—The term ‘‘cruise ves-
sel’’— 
(A) 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; and 
(B) 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. 
(6) DISCHARGE.—The term ‘‘discharge’’— 
(A) means a release, however caused, of 
bilge water, graywater, hazardous waste, incin-
erator ash, sewage, or sewage sludge from a 
cruise vessel; and 
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(12) NO
DISCHARGE
ZONES.—The term ‘‘no 
discharge zones’’ means important ecological areas 
including marine sanctuaries, marine protected 
areas, marine reserves, marine national monuments, 
national parks, and national wildlife refuges. 
(13) 
PASSENGER.—The 
term 
‘‘passenger’’ 
means a paying passenger. 
(14) 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; or 
(I) an Indian tribe. 
(15) SEWAGE.—The term ‘‘sewage’’ means— 
(A) human body wastes; and 
(B) the wastes from toilets and other re-
ceptacles intended to receive or retain human 
body wastes. 
(16) SEWAGE
SLUDGE.—The term ‘‘sewage 
sludge’’— 
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mation number 5928, dated December 27, 
1988; and 
(B) includes the waters lying seaward of 
the line of ordinary low water and extending to 
the baseline of the United States, as determined 
under subparagraph (A). 
(18) 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. 
SEC. 4. PROHIBITIONS ON THE DISCHARGE OF SEWAGE, 
GRAYWATER, 
BILGE 
WATER, 
SEWAGE 
SLUDGE, 
INCINERATOR 
ASH, 
AND 
HAZ-
ARDOUS WASTE. 
(a) PROHIBITIONS
ON DISCHARGE
OF SEWAGE, 
GRAYWATER, AND BILGE WATER.—Except as provided in 
subsection (c) or section 6, no cruise vessel calling on a 
port of the United States may discharge sewage, 
graywater, or bilge water into the waters of the United 
States, unless— 
(1) the effluent of treated sewage, treated 
graywater, or treated bilge water meets all applicable 
effluent limits established under this Act and is in 
accordance with all other applicable laws; 
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(2) the cruise vessel is underway and pro-
ceeding at a speed of not less than 6 knots; 
(3) the cruise vessel is not less than 12 nautical 
miles from shore; 
(4) the cruise vessel is not discharging in no 
discharge zones; and 
(5) the cruise vessel complies with all applicable 
management standards established under this Act. 
(b) PROHIBITION
ON
DISCHARGE
OF
SEWAGE 
SLUDGE, INCINERATOR ASH, AND HAZARDOUS WASTE.— 
No sewage sludge, incinerator ash, or hazardous waste 
may be discharged into the waters of the United States. 
Such sewage sludge, incinerator ash, and hazardous waste 
shall be off-loaded at an appropriate land-based facility. 
(c) SAFETY EXCEPTION.— 
(1) SCOPE OF EXCEPTION.—The provisions of 
subsections (a) and (b) 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 to prevent or minimize the discharge. 
(2) NOTIFICATION OF COMMANDANT.— 
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(A) IN GENERAL.—If the owner, operator, 
master, or other individual in charge of a cruise 
vessel authorizes a discharge described in para-
graph (1), such individual shall notify the Com-
mandant of the decision to authorize the dis-
charge 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 
a decision to authorize a discharge under para-
graph (1), the individual shall submit to the 
Commandant a report that includes— 
(i) the quantity and composition of 
each discharge authorized under paragraph 
(1); 
(ii) the reason for authorizing each 
such discharge; 
(iii) the location of the vessel during 
the course of each such discharge; and 
(iv) such other supporting information 
and data as are requested by the Com-
mandant. 
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(C) DISCLOSURE OF REPORTS.—Upon re-
ceiving a report under subparagraph (B), the 
Commandant shall— 
(i) transmit a copy of the report to 
the Administrator; and 
(ii) make the report available to the 
public. 
SEC. 5. EFFLUENT LIMITS FOR DISCHARGES OF SEWAGE, 
GRAYWATER, AND BILGE WATER. 
(a) EFFLUENT LIMITS.— 
(1) IN GENERAL.—Not later than 12 months 
after the date of the enactment of this Act, the Ad-
ministrator shall promulgate effluent limits for sew-
age, graywater, and bilge water discharges from 
cruise vessels calling on ports of the United States. 
(2) REQUIREMENTS.—The effluent limits shall, 
at a minimum— 
(A) be consistent with the capability of the 
best available technology to treat effluent; 
(B) require compliance with all relevant 
State and Federal water quality standards; and 
(C) take into account the best available 
scientific information on the environmental ef-
fects of sewage, graywater, and bilge water dis-
charges, including levels of nutrients, total and 
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dissolved metals, pathogen indicators, oils and 
grease, classical pollutants, and volatile and 
semivolatile organics. 
(b) MINIMUM LIMITS.—The effluent limits promul-
gated under subsection (a) shall require, at a minimum, 
that treated sewage, treated graywater, and treated bilge 
water effluent discharges from cruise vessels, measured at 
the point of discharge, shall, not later than the date de-
scribed in subsection (d), meet the following standards: 
(1) IN GENERAL.—The discharge shall satisfy 
the minimum level of effluent quality specified in 
section 133.102 of title 40, Code of Federal Regula-
tions (or a successor 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. 
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(c) REVIEW AND REVISION OF EFFLUENT LIMITS.— 
The Administrator shall— 
(1) review the effluent limits promulgated under 
subsection (a) at least once every 5 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). 
(d) COMPLIANCE DATE.— 
(1) IN GENERAL.—The date described in this 
subsection is— 
(A) with respect to new vessels put into 
water after the date of the enactment of this 
Act, 2 years after such date of enactment; and 
(B) with respect to vessels in use as of 
such date of enactment, 5 years after such date 
of enactment. 
(2) NEW VESSEL DEFINED.—In this subsection, 
the term ‘‘new vessel’’ means a vessel the keel of 
which is laid, or that is at a similar stage of con-
struction, on or after the date of the enactment of 
this Act. 
SEC. 6. ALASKAN CRUISE VESSELS. 
(a) IN GENERAL.—An Alaskan cruise vessel shall not 
be subject to the provisions of this Act (including regula-
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tions promulgated under this Act) until the date that is 
10 years after the date of the enactment of this Act. 
(b) DEFINITION OF ALASKAN CRUISE VESSEL.—In 
this section, the term ‘‘Alaskan cruise vessel’’ means a 
cruise vessel— 
(1) while the vessel is operating in waters of the 
State of Alaska, as defined in section 159.305 of 
title 33, Code of Federal Regulations; and 
(2) that complies with all relevant laws and reg-
ulations of the State of Alaska while in transit from 
a port of call outside of the State of Alaska to the 
waters of the State of Alaska. 
SEC. 7. INSPECTION AND SAMPLING. 
(a) DEVELOPMENT AND IMPLEMENTATION OF IN-
SPECTION PROGRAM.— 
(1) IN GENERAL.—The Administrator shall pro-
mulgate regulations to implement a sampling and 
testing program, and the Commandant shall promul-
gate regulations to implement an inspection pro-
gram, 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); 
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(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 be subject to an unan-
nounced inspection at least once per year. 
(b) REGULATIONS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, the Com-
mandant, in consultation with the Administrator, 
shall promulgate regulations that, at a minimum— 
(A) require the owner, operator, master, or 
other individual in charge of a cruise vessel to 
maintain and submit annually a logbook detail-
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ing the times, types, volumes, flow rates, ori-
gins, and specific locations of, and explanations 
for, any discharges from the cruise vessel; 
(B) provide for routine announced and un-
announced inspections of— 
(i) cruise vessel environmental compli-
ance records and procedures; and 
(ii) the functionality and proper oper-
ation of installed equipment for abatement 
and control of any cruise vessel discharge, 
including equipment intended to treat sew-
age, graywater, or bilge water; 
(C) require the sampling and testing of 
cruise vessel discharges that require the owner, 
operator, master, or other individual in charge 
of a cruise vessel— 
(i) to conduct that sampling or testing 
at the point of discharge; and 
(ii) to produce any records of the 
sampling or testing; 
(D) require any owner, operator, 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 promulgated under this Act) to re-
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port immediately the discharge to the Com-
mandant, who shall provide notification of the 
discharge to the Administrator; and 
(E) require the owner, operator, master, or 
other individual in charge of a cruise vessel to 
provide to the Commandant and Administrator 
a blueprint of each cruise vessel that includes 
the location of every discharge pipe and valve. 
(2) DISCLOSURE OF LOGBOOKS.—Upon receiv-
ing a logbook described in paragraph (1)(A), the 
Commandant shall— 
(A) transmit a copy of the logbook to the 
Administrator; and 
(B) make the logbook available to the pub-
lic. 
(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-
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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, after public notice and com-
ment. 
(2) FOREIGN VESSEL.— 
(A) IN
GENERAL.—A cruise vessel reg-
istered in a country other than the United 
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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. Such a certificate, en-
dorsement, or document shall not serve as a 
proxy for certification of compliance with this 
Act. 
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(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 PROGRAM.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, the Com-
mandant shall establish and carry out a program for 
the placement of 1 or more trained independent ob-
servers on each cruise vessel. 
(2) PURPOSES.—The purposes of the cruise ob-
server program established under paragraph (1) are 
to monitor and inspect cruise vessel operations, 
equipment, and discharges to ensure compliance 
with— 
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(A) this Act (including regulations promul-
gated under this Act); and 
(B) all other relevant Federal laws, regula-
tions, and international agreements. 
(3) 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, including fuel con-
sumption and atmospheric emissions; 
(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; 
(D) immediately report any known or sus-
pected violation of this Act or any other appli-
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cable Federal law or international agreement 
to— 
(i) the Coast Guard; and 
(ii) the Environmental Protection 
Agency; and 
(E) maintain a logbook to be submitted to 
the Commandant and the Administrator annu-
ally and to be made available to the public. 
(4) ADAPTIVE
MANAGEMENT.—The program 
established and carried out by the Commandant 
under paragraph (1) shall also include— 
(A) a method for collecting and reviewing 
data related to the efficiency and operation of 
the program; and 
(B) periodic revisions to the program 
based on the data collected under subparagraph 
(A). 
(5) REPORT.—Not later than 3 years after the 
establishment of the program described in paragraph 
(1), the Commandant shall submit to Congress a re-
port describing— 
(A) the results of the program; 
(B) recommendations for optimal observer 
coverage; and 
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(C) other recommendations for improve-
ment of the program. 
(e) ONBOARD MONITORING SYSTEM PILOT PRO-
GRAM.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, the Adminis-
trator of the National Oceanic and Atmospheric Ad-
ministration, in consultation with the Administrator 
and the Commandant, shall establish, and for each 
of fiscal years 2008 through 2013, 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) discharges of sewage, graywater, and 
bilge water from cruise vessels; and 
(B) functioning of cruise vessel compo-
nents relating to fuel consumption and control 
of air and water pollution. 
(2) 
TECHNOLOGY
REQUIREMENTS.—Tech-
nologies developed under the program described in 
paragraph (1)— 
(A) shall have the ability to record— 
(i) the location and time of discharges 
from cruise vessels; 
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(ii) the source, content, and volume of 
the 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) ADAPTIVE
MANAGEMENT.—The program 
established and carried out by the Administrator of 
the National Oceanic and Atmospheric Administra-
tion pursuant to paragraph (1) shall also include— 
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(A) a method for collecting and reviewing 
data related to the efficiency and operation of 
the program; and 
(B) periodic revisions to the program 
based on the data collected under subparagraph 
(A). 
(5) REPORT.—Not later than 3 years after the 
date of the enactment of this Act, the Administrator 
of the National Oceanic and Atmospheric Adminis-
tration shall submit to Congress a report describ-
ing— 
(A) the results of the program; 
(B) recommendations for continuing the 
program; and 
(C) other recommendations for improving 
the program. 
SEC. 8. 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— 
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(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 SECRETARY.—On com-
pletion 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 
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compensation, of an employee to the 
former position of the employee; 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 attorneys’ 
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 EMPLOYEES ACT-
ING
WITHOUT
DIRECTION
FROM
EMPLOYER
OR 
AGENT.—This section shall not apply to any employee 
who, without direction from the employer of the employee 
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(or agent of the employer), deliberately violates any provi-
sion of this Act. 
SEC. 9. 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 
court of appeals for the circuit in which the 
person resides or transacts business directly af-
fected by the action of which review is re-
quested— 
(i) of an action of the Administrator 
in promulgating any effluent limit under 
section 5; or 
(ii) of an action of the Commandant 
or the Administrator in carrying out an in-
spection, sampling, or testing under section 
7. 
(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-
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ard with respect to which the review is 
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 of such action. 
(3) AWARD
OF
FEES.—In any judicial pro-
ceeding under this subsection, a court may award 
costs of litigation (including reasonable attorneys’ 
and expert witness fees) to any prevailing or sub-
stantially 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 introduce additional evidence and dem-
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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 introduce 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; 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. 
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SEC. 10. ENFORCEMENT. 
(a) IN GENERAL.—Any person that violates a provi-
sion of section 4 or any regulation promulgated under this 
Act may be assessed— 
(1) a class I or class II civil penalty described 
in subsection (b); or 
(2) a civil penalty in a civil action under sub-
section (c). 
(b) AMOUNT OF ADMINISTRATIVE PENALTY.— 
(1) CLASS I.—The amount of a class I civil 
penalty under subsection (a)(1) may 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) may 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-
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