section (a)(1), the Commandant or the court, as ap-
propriate, 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 CIVIL 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. 
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(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
CIVIL
PEN-
ALTY.— 
(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 
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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 relating to such assess-
ment; 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 
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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 
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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— 
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(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 district court of the 
United States for the district in which 
the violation 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 court of 
appeals for any other circuit in which 
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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. 
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(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 
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pay, in addition to the amount of the civil pen-
alty and accrued interest— 
(i) attorneys’ 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 district court of the United 
States for any district in which the person 
is found, resides, or transacts business, on 
application by the United States and after 
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notice to the person, shall have jurisdiction 
to issue an order requiring the person to 
appear 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 district court of the United States for the 
district in which the defendant is located, resides, or trans-
acts 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 under title 18, United States Code. 
(2) KNOWING
VIOLATIONS.—Any person that 
knowingly violates section 4 or any regulation pro-
mulgated under this Act commits a Class D felony 
under title 18, United States Code. 
(3) FALSE
STATEMENTS.—Any person that 
knowingly makes any false statement, representa-
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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 under title 18, United States 
Code. 
(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. 
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(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— 
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(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 district court of the United States for any dis-
trict 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 such section or requirement; or 
(B) bring a civil action in accordance with 
subsection (c). 
(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; 
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(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; or 
(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.— 
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(A) IN
GENERAL.—A civil action under 
this subsection may be brought in the district 
court of the United States 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. 11. CITIZEN SUITS. 
(a) AUTHORIZATION.—Except as provided in sub-
section (c), any citizen may commence a civil action on 
the citizen’s 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 to the Constitution of the United 
States) that is alleged to be in violation of— 
(A) the conditions imposed by section 4; 
(B) an effluent limit or performance stand-
ard under this Act; or 
(C) an order issued by the Administrator 
or Commandant with respect to such a condi-
tion, an effluent limit, or a performance stand-
ard; or 
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(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 district courts of the United 
States 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 10(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, 
effluent limit, performance standard, or order 
described in subsection (a)(1); or 
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(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 district court of the United 
States for any judicial district in which a cruise 
vessel or the owner or operator of a cruise ves-
sel is 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. 
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(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 attorneys’ 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 
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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), without regard to the limitation under sub-
section (c), against the Administrator or Commandant in 
any case in which there is alleged a failure of the Adminis-
trator or Commandant to enforce an effluent limit or per-
formance standard under this Act, the violation 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. 12. SENSE OF CONGRESS ON 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. SENSE OF CONGRESS ON AIR POLLUTION. 
It is the sense of Congress that action should be 
taken to enact legislation requiring strong, mandatory 
standards for air quality with respect to incineration and 
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