[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2271 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2271

To establish national standards for discharges from cruise vessels into 
        the waters of the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 1, 2004

 Mr. Durbin (for himself, Mr. Lautenberg, Mr. Corzine, Mrs. Feinstein, 
 Mr. Kennedy, and Mrs. Boxer) introduced the following bill; which was 
  read twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
To establish national standards for discharges from cruise vessels into 
        the waters of the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 quantities of 
        pollution, including--
                    (A) sewage (including sewage sludge);
                    (B) graywater from showers, sinks, laundries, 
                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 susceptibility 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 waters 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 
        enforcement 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 sewage, 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 economic 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 environmental laws.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Commandant.--The term ``Commandant'' means the 
        Commandant of the Coast Guard.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental 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 subparagraph (A).
            (4) Exclusive economic zone.--The term ``exclusive economic 
        zone'' means the Exclusive Economic 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 waters 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 vessel'' 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 vessel'' does 
                not include--
                            (i) a vessel of the United States operated 
                        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 adversely 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 substance.
            (12) Sewage.--The term ``sewage'' means--
                    (A) human body wastes;
                    (B) the wastes from toilets and other receptacles 
                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 municipal waste water or domestic 
                sewage.
                    (B) Inclusions.--The term ``sewage sludge'' 
                includes--
                            (i) solids removed during primary, 
                        secondary, or advanced waste water treatment;
                            (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 incineration 
                        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 paragraph (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 outside 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 (including 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 prohibited.
    (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 purpose 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 minimizing 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 exception;
                            (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 Commandant.

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 effluent 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 elimination of the discharge of 
                all pollutants in sewage and graywater by cruise 
                vessels into the waters 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 vessels shall, not later than 3 years after the 
date of enactment 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 successor regulation).
            (2) Fecal coliform.--With respect to the samples from the 
        discharge during any 30-day period--
                    (A) the geometric mean of the samples shall not 
                exceed 20 fecal coliform per 100 milliliters; and
                    (B) not more than 10 percent of the samples shall 
                exceed 40 fecal coliform per 100 milliliters.
            (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 subsection (a) 
        at least once every 3 years; and
            (2) revise the effluent limits as necessary to incorporate 
        technology available at the time of the review in accordance 
        with subsection (a)(2).

SEC. 6. INSPECTION AND SAMPLING.

    (a) Development and Implementation of Inspection Program.--
            (1) In general.--The Commandant, in consultation 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 promulgated 
                under this Act);
                    (B) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.) (including regulations promulgated 
                under that Act);
                    (C) other applicable Federal laws and regulations; 
                and
                    (D) all applicable requirements of international 
                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 discharges, 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 unannounced 
                inspection at least annually.
    (b) Regulations.--Not later than 1 year after the date of enactment 
of this Act, the Commandant, in consultation with the Administrator, 
shall promulgate regulations that, at a minimum--
            (1) require the owner, operator, or master, or other 
        individual in charge, of a cruise vessel to maintain 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 unannounced 
        inspections of--
                    (A) cruise vessel environmental compliance records 
                and procedures; and
                    (B) the functionality and proper operation of 
                installed equipment for abatement and control of any 
                cruise vessel discharge (which equipment 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 promulgated under this Act) to 
        immediately report that discharge to the Commandant (who shall 
        provide notification of the discharge to the Administrator); 
        and
            (5) require the owner, operator, or 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.
    (c) Evidence of Compliance.--
            (1) Vessel of the united states.--
                    (A) In general.--A cruise vessel registered 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 compliance with this Act, including prohibitions 
                on discharges and requirements for effluent limits, as 
                determined by the Commandant.
                    (C) Validity of certificate.--A certificate 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 conditions under which the 
                        certificate was issued.
                    (D) Special certificates.--The Commandant may issue 
                special certificates to certain 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 registered 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, 
                including prohibitions on discharges and requirements 
                for effluent limits, as determined by the Commandant.
                    (C) Acceptance of foreign documentation.--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 certificate, endorsement, 
                or document shall not serve as a proxy for 
                certification of compliance with this Act).
                    (D) Validity of certificate.--A certificate 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 conditions 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 inspecting 
        cruise vessel operations, equipment, and discharges to ensure 
        compliance with--
                    (A) this Act (including regulations promulgated 
                under this Act); and
                    (B) all other relevant Federal laws (including 
                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 practices; 
                        and
                            (iv) blueprints, logbooks, and other 
                        relevant information;
                    (B) have the authority to interview and otherwise 
                query any crew member with knowledge 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 suspected 
                violation of this Act or any other applicable 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 subsection.
    (e) Onboard Monitoring System Pilot Program.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator of the National 
        Oceanic and Atmospheric Administration, in consultation with 
        the Administrator and the Commandant, shall establish, and for 
        each of fiscal years 2005 through 2010, shall carry out, with 
        industry partners as necessary, a pilot program to develop and 
        promote commercialization of technologies to provide real-time 
        data to Federal agencies regarding--
                    (A) graywater and sewage discharges from cruise 
                vessels; and
                    (B) functioning of cruise vessel components 
                relating to pollution control.
            (2) Technology requirements.--Technologies 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 
                        discharges, including whether the components 
                        are operating correctly; and
                    (B) shall be tested on not less than 10 percent of 
                all cruise vessels operating in the territorial 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 selection process conducted by 
                the Administrator of the National Oceanic and 
                Atmospheric Administration.
                    (B) Contribution.--A selected industry partner 
                shall contribute not less than 20 percent of the cost 
                of the project in which the industry 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 recommendations for continuance, of the program 
        under this subsection.

SEC. 7. EMPLOYEE PROTECTION.

    (a) Prohibition of Discrimination Against Persons Filing, 
Instituting, or Testifying in Proceedings 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 discrimination 
against), any employee or any authorized representative of employees by 
reason of the fact that the employee 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 enforcement of the 
        provisions of this Act.
    (b) Application for Review; Investigation; Hearings; Review.--
            (1) In general.--An employee or a representative 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 application for 
                review under paragraph (1), the Secretary 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 
                        information 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 paragraph, the Secretary of 
                Labor shall--
                            (i) make findings of fact;
                            (ii) if the Secretary of Labor determines 
                        that a violation did occur, issue a decision, 
                        incorporating an order and the findings, 
                        requiring the person that committed the 
                        violation to take such action as is necessary 
                        to abate the violation, including the rehiring 
                        or reinstatement, with compensation, of an 
                        employee or representative of employees to the 
                        former position of the employee or 
                        representative; and
                            (iii) if the Secretary of Labor determines 
                        that there was no violation, issue an order 
                        denying the application.
                    (D) Order.--An order issued by the Secretary of 
                Labor under subparagraph (C) shall be subject to 
                judicial review in the same manner as orders and 
                decisions of the Administrator 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 
connection with, the institution and prosecution of the proceedings, 
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 section 
                        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 standard 
                        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 practicable 
                        after that date.
            (2) Civil and criminal enforcement proceedings.--An action 
        of the Commandant or Administrator with respect to which review 
        could have been obtained under paragraph (1) shall not be 
        subject to judicial review in any civil or criminal proceeding 
        for enforcement.
            (3) Award of fees.--In any judicial proceeding under this 
        subsection, a court may award costs of litigation (including 
        reasonable attorney and expert witness fees) to any prevailing 
        or substantially 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 
        demonstrates to the satisfaction of the court that the 
        additional evidence is material and that there were reasonable 
        grounds for the failure to adduce the evidence 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 
        Administrator, in such manner and on such terms and conditions 
        as the court determines to be appropriate.
            (2) Modification of findings.--On admission 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 additional 
                evidence any modified or new findings, and any related 
                recommendations, for the modification or setting aside 
                of any original determinations of the Commandant or 
                Administrator.

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 described 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 separate violation.
            (4) Determination of amount.--In determining the amount of 
        a civil penalty under subsection (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 require.
            (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 opportunity 
                        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 penalty shall be 
                assessed and collected in the same manner, and subject 
                to the same provisions, as in the case of civil 
                penalties assessed and collected after notice and an 
                opportunity for a hearing on the record in accordance 
                with section 554 of title 5, United States Code.
                    (B) Rules.--The Commandant may promulgate rules for 
                discovery procedures for hearings 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 
                                penalty.
                            (ii) Hearing.--In any hearing described in 
                        clause (i)(I), a person described in clause (i) 
                        shall have a reasonable opportunity 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 proposed 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 
                                accordance with subparagraph (B)(ii).
                            (iii) Denial of hearing.--If the Commandant 
                        denies a hearing under this subparagraph, the 
                        Commandant shall provide 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 paragraph 
                        (7)(C).
                    (B) Denial of hearing.--If a hearing is requested 
                under paragraph (7)(C) and subsequently 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 subsection, or that 
                commented on the proposed assessment of such a penalty 
                in accordance with paragraph (7), may obtain review of 
                the assessment 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 Commandant 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 
                                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 circuit 
                                court for any other circuit in which 
                                the person resides or transacts 
                                business.
                    (C) Copy of record.--On receipt of notice under 
                subparagraph (A)(ii), the Commandant, shall promptly 
                file with the appropriate 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 paragraph--
                            (i) shall not set aside or remand an order 
                        described in subparagraph (C) unless--
                                    (I) there is not substantial 
                                evidence in the record, taken as a 
                                whole, to support the finding of a 
                                violation; or
                                    (II) the assessment by the 
                                Commandant of the civil penalty 
                                constitutes 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 subparagraph (A), the 
                validity, amount, and appropriateness of the civil 
                penalty shall not be subject to judicial review.
                    (C) Failure to pay penalty.--Any person 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 
                penalty 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 nonpayment 
                        penalty in an amount equal to 20 percent of the 
                        aggregate amount of the assessed civil 
                        penalties and nonpayment penalties 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 testimony of witnesses and the 
                production of relevant papers, books, or documents in 
                connection with hearings under this subsection.
                    (B) Refusal to obey.--In case of contumacy or 
                refusal to obey a subpoena issued under this paragraph 
                and served on any person--
                            (i) the United States district court for 
                        any district in which the person is found, 
                        resides, or transacts business, on application 
                        by the United States and after notice to the 
                        person, shall have jurisdiction to issue an 
                        order requiring the person to appear and give 
                        testimony before the Commandant or to appear 
                        and produce documents 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 commence, 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 promulgated under this Act 
        commits a Class A misdemeanor.
            (2) Knowing violations.--Any person that knowingly violates 
        section 4 or any regulation promulgated under this Act commits 
        a Class D felony.
            (3) False statements.--Any person that knowingly makes any 
        false statement, representation, 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, commits 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 payment, from a civil 
                penalty or criminal fine collected under this section, 
                of an amount not to exceed \1/2\ of the civil penalty 
                or fine, to any individual 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 renders 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 
        penalty or criminal fine collected under this section, to a 
        State or Indian tribe providing information or investigative 
        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, indian 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 determines 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; specifications.--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 maintenance 
                                requirement; and
                                    (II) such date as the Commandant, 
                                taking into account the seriousness of 
                                the violation and any good faith 
                                efforts to comply with applicable 
                                requirements, determines to be 
                                reasonable, in the case of a violation 
                                of a final deadline.
    (h) Civil Actions.--
            (1) In general.--The Commandant may commence a civil action 
        for appropriate relief, including a permanent or temporary 
        injunction, for any violation 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 subsection (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 condition, 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 nondiscretionary 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, performance 
        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 litigation (including reasonable 
        attorney's and expert witness fees) to any prevailing or 
        substantially prevailing party, in any case in which the court 
        determines 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 Procedure.
    (f) Statutory or Common Law Rights Not Restricted.--Nothing in this 
section restricts the rights of any person (or class of persons) under 
any statute or common law to seek enforcement or other relief 
(including relief against the Administrator or Commandant).
    (g) Civil Action by State Governors.--A Governor of a State may 
commence a civil action under subsection (a) of this section, without 
regard to the limitation under subsection (c), against the 
Administrator or Commandant in any case in which there is alleged a 
failure of the Administrator or Commandant to enforce an effluent limit 
or performance 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. 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 surrounding 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 certified by the State of Alaska for continuous 
        discharge and operation in accordance with all applicable 
        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 paragraph (2), an 
        Alaskan cruise vessel shall not be subject 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 enactment of this 
                Act; and
                    (C) shall be prohibited from discharging sewage, 
                graywater, and bilge water in the territorial 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 deposited in the Fund under 
        subsection (c)(5).
            (3) Use of amounts in fund.--The Administrator 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 establish and collect 
        from each cruise vessel a reasonable 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 established under 
                paragraph (1) to reflect changes in the Consumer Price 
                Index for All Urban Consumers 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 establish lower 
                levels of fees and the maximum amount of fees for 
                certain classes of cruise vessels based on--
                            (i) size;
                            (ii) economic share; and
                            (iii) such other factors as are determined 
                        to be appropriate by the Commandant 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 Commandant 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 paragraph (2), 
        nothing in this Act precludes or denies the right of any State 
        (including a political subdivision of a State) or interstate 
        agency to adopt or enforce--
                    (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, performance 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, 
        performance 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.
                                 <all>