(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 2006 through 2010. 
(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