[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2881 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2881

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 17, 2008

  Mr. Durbin 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.

    (a) Short Title.--This Act may be cited as the ``Clean Cruise Ship 
Act of 2008''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Prohibitions on the discharge of sewage, graywater, bilge 
                            water, sewage sludge, incinerator ash, and 
                            hazardous waste.
Sec. 5. Effluent limits for discharges of sewage, graywater, and bilge 
                            water.
Sec. 6. Alaskan cruise vessels.
Sec. 7. Inspection and sampling.
Sec. 8. Employee protection.
Sec. 9. Judicial review.
Sec. 10. Enforcement.
Sec. 11. Citizen suits.
Sec. 12. Sense of Congress on ballast water.
Sec. 13. Sense of Congress on air pollution.
Sec. 14. Funding.
Sec. 15. Effect on other law.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Cruise vessels carry millions of people through North 
        American waters each year, showcase some of the most beautiful 
        ocean areas in the United States, and provide opportunities for 
        passengers to relax and enjoy the oceans and marine ecosystems.
            (2) A single cruise vessel generates a tremendous amount of 
        waste each week, including an estimated 140,000 to 210,000 
        gallons of blackwater (sewage) and 1,000,000 gallons of 
        graywater (including wastewater from dishwashers, showers, 
        laundry, baths, and washbasins). Onboard amenities such as 
        photo-processing, dry-cleaning, and hairdressing also generate 
        hazardous waste streams.
            (3) In its final report, ``An Ocean Blueprint for the 21st 
        Century'', released in 2004, the United States Commission on 
        Ocean Policy found that these waste streams and the cumulative 
        impacts caused when cruise vessels repeatedly visit the same 
        environmentally sensitive areas, ``if not properly disposed of 
        and treated, can be a significant source of pathogens and 
        nutrients with the potential to threaten human health and 
        damage shellfish beds, coral reefs, and other aquatic life,'' 
        thus threatening the very environments cruise vessel passengers 
        seek to explore.
            (4) The cruise industry has grown by more than 6 percent 
        annually since 2003 and is projected to continue growing. 
        Cruise vessel capacity is also expanding dramatically; today 
        cruise vessels can transport 5,000 passengers and crew members, 
        but the next generation of cruise vessels is expected to carry 
        7,000 passengers and crew members. As the total number of 
        passengers increases and the number of passengers per ship 
        increases, the volume of waste entering these ocean ecosystems 
        and the impact of that waste on ocean ecosystems will also 
        increase.
            (5) In a 2005 report requested by the International Council 
        of Cruise Lines, the Ocean Conservation and Tourism Alliance 
        (OCTA) Science Panel recommended that ``[a]ll blackwater should 
        be treated'', that discharging treated blackwater should be 
        ``avoided in ports, close to bathing beaches or water bodies 
        with restricted circulation, flushing or inflow'', and that 
        blackwater should not be discharged within 4 nautical miles of 
        shellfish beds, coral reefs, or other sensitive habitats.
            (6) The OCTA Science Panel further recommended that 
        graywater be treated in the same manner as blackwater and that 
        sewage sludge be off-loaded to approved land-based facilities.
            (7) The United States lacks a comprehensive wastewater 
        management policy for large passenger vessels, and a new 
        statutory regime for managing wastewater discharges from large 
        passenger vessels that applies throughout the United States is 
        needed to protect coastal and ocean areas from pollution 
        generated by cruise vessels, to reduce and better regulate 
        discharges from cruise vessels, and to improve monitoring, 
        reporting, and enforcement of standards regarding discharges.
    (b) Purpose.--The purpose of this Act is to protect the health and 
beauty of the marine and coastal ecosystems that cruise passengers 
enjoy, by--
            (1) prohibiting the discharge of any untreated sewage, 
        graywater, or bilge water from a cruise vessel calling on a 
        port of the United States into the waters of the United States;
            (2) prohibiting the discharge of any sewage sludge, 
        incinerator ash, or hazardous waste from a cruise vessel 
        calling on a port of the United States into the waters of the 
        United States;
            (3) establishing new national effluent limits for the 
        discharge of treated sewage, treated graywater, and treated 
        bilge water from cruise vessels not less than 12 miles from 
        shore in any case in which the discharge is not within an area 
        in which discharges are prohibited; and
            (4) ensuring that cruise vessels calling on ports of the 
        United States comply with all applicable environmental laws.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Bilge water.--The term ``bilge water'' means waste 
        water that includes lubrication oils, transmission oils, oil 
        sludge or slops, fuel or oil sludge, used oil, used fuel or 
        fuel filters, or oily waste.
            (3) Citizen.--The term ``citizen'' means a person that has 
        an interest that is or may be adversely affected by any 
        provision of this Act.
            (4) Commandant.--The term ``Commandant'' means the 
        Commandant of the Coast Guard.
            (5) Cruise vessel.--The term ``cruise vessel''--
                    (A) means a passenger vessel (as defined in section 
                2101(22) of title 46, United States Code), that--
                            (i) is authorized to carry at least 250 
                        passengers; and
                            (ii) has onboard sleeping facilities for 
                        each passenger; and
                    (B) does not include--
                            (i) a vessel of the United States operated 
                        by the Federal Government; or
                            (ii) a vessel owned and operated by the 
                        government of a State.
            (6) Discharge.--The term ``discharge''--
                    (A) means a release, however caused, of bilge 
                water, graywater, hazardous waste, incinerator ash, 
                sewage, or sewage sludge from a cruise vessel; and
                    (B) includes any escape, disposal, spilling, 
                leaking, pumping, emitting, or emptying of a substance 
                described in subparagraph (A).
            (7) Exclusive economic zone.--The term ``exclusive economic 
        zone'' has the meaning given that term in section 107 of title 
        46, United States Code.
            (8) Graywater.--The term ``graywater'' means galley, 
        dishwasher, bath, spa, pool, and laundry waste water.
            (9) Great lake.--The term ``Great Lake'' means--
                    (A) Lake Erie;
                    (B) Lake Huron (including Lake Saint Clair);
                    (C) Lake Michigan;
                    (D) Lake Ontario; or
                    (E) Lake Superior.
            (10) Hazardous waste.--The term ``hazardous waste'' has the 
        meaning given that term in section 1004 of the Solid Waste 
        Disposal Act (42 U.S.C. 6903).
            (11) Incinerator ash.--The term ``incinerator ash'' means 
        ash generated during the incineration of solid waste or sewage 
        sludge.
            (12) No discharge zones.--The term ``no discharge zones'' 
        means important ecological areas including marine sanctuaries, 
        marine protected areas, marine reserves, marine national 
        monuments, national parks, and national wildlife refuges.
            (13) Passenger.--The term ``passenger'' means a paying 
        passenger.
            (14) Person.--The term ``person'' means--
                    (A) an individual;
                    (B) a corporation;
                    (C) a partnership;
                    (D) a limited liability company;
                    (E) an association;
                    (F) a State;
                    (G) a municipality;
                    (H) a commission or political subdivision of a 
                State; or
                    (I) an Indian tribe.
            (15) Sewage.--The term ``sewage'' means--
                    (A) human body wastes; and
                    (B) the wastes from toilets and other receptacles 
                intended to receive or retain human body wastes.
            (16) Sewage sludge.--The term ``sewage sludge''--
                    (A) means any solid, semi-solid, or liquid residue 
                removed during the treatment of on-board sewage;
                    (B) 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; and
                    (C) does not include--
                            (i) grit or screenings; or
                            (ii) ash generated during the incineration 
                        of sewage sludge.
            (17) Territorial sea.--The term ``territorial sea''--
                    (A) means the belt of the sea extending 12 nautical 
                miles 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; and
                    (B) includes the waters lying seaward of the line 
                of ordinary low water and extending to the baseline of 
                the United States, as determined under subparagraph 
                (A).
            (18) Waters of the united states.--The term ``waters of the 
        United States'' means the waters of the territorial sea, the 
        exclusive economic zone, and the Great Lakes.

SEC. 4. PROHIBITIONS ON THE DISCHARGE OF SEWAGE, GRAYWATER, BILGE 
              WATER, SEWAGE SLUDGE, INCINERATOR ASH, AND HAZARDOUS 
              WASTE.

    (a) Prohibitions on Discharge of Sewage, Graywater, and Bilge 
Water.--Except as provided in subsection (c) or section 6, no cruise 
vessel calling on a port of the United States may discharge sewage, 
graywater, or bilge water into the waters of the United States, 
unless--
            (1) the effluent of treated sewage, treated graywater, or 
        treated bilge water meets all applicable effluent limits 
        established under this Act and is in accordance with all other 
        applicable laws;
            (2) the cruise vessel is underway and proceeding at a speed 
        of not less than 6 knots;
            (3) the cruise vessel is not less than 12 nautical miles 
        from shore;
            (4) the cruise vessel is not discharging in no discharge 
        zones; and
            (5) the cruise vessel complies with all applicable 
        management standards established under this Act.
    (b) Prohibition on Discharge of Sewage Sludge, Incinerator Ash, and 
Hazardous Waste.--No sewage sludge, incinerator ash, or hazardous waste 
may be discharged into the waters of the United States. Such sewage 
sludge, incinerator ash, and hazardous waste shall be off-loaded at an 
appropriate land-based facility.
    (c) Safety Exception.--
            (1) Scope of exception.--The provisions of subsections (a) 
        and (b) shall not apply in any case in which--
                    (A) a discharge is made solely for the purpose of 
                securing the safety of the cruise vessel or saving a 
                human life at sea; and
                    (B) all reasonable precautions have been taken to 
                prevent or minimize the discharge.
            (2) Notification of commandant.--
                    (A) In general.--If the owner, operator, master, or 
                other individual in charge of a cruise vessel 
                authorizes a discharge described in paragraph (1), such 
                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 a decision to authorize a 
                discharge under paragraph (1), the individual shall 
                submit to the Commandant a report that includes--
                            (i) the quantity and composition of each 
                        discharge authorized under paragraph (1);
                            (ii) the reason for authorizing each such 
                        discharge;
                            (iii) the location of the vessel during the 
                        course of each such discharge; and
                            (iv) such other supporting information and 
                        data as are requested by the Commandant.
                    (C) Disclosure of reports.--Upon receiving a report 
                under subparagraph (B), the Commandant shall--
                            (i) transmit a copy of the report to the 
                        Administrator; and
                            (ii) make the report available to the 
                        public.

SEC. 5. EFFLUENT LIMITS FOR DISCHARGES OF SEWAGE, GRAYWATER, AND BILGE 
              WATER.

    (a) Effluent Limits.--
            (1) In general.--Not later than 12 months after the date of 
        the enactment of this Act, the Administrator shall promulgate 
        effluent limits for sewage, graywater, and bilge water 
        discharges from cruise vessels calling on ports of the United 
        States.
            (2) Requirements.--The effluent limits shall, at a 
        minimum--
                    (A) be consistent with the capability of the best 
                available technology to treat effluent;
                    (B) require compliance with all relevant State and 
                Federal water quality standards; and
                    (C) take into account the best available scientific 
                information on the environmental effects of sewage, 
                graywater, and bilge water discharges, including levels 
                of nutrients, total and dissolved metals, pathogen 
                indicators, oils and grease, classical pollutants, and 
                volatile and semivolatile organics.
    (b) Minimum Limits.--The effluent limits promulgated under 
subsection (a) shall require, at a minimum, that treated sewage, 
treated graywater, and treated bilge water effluent discharges from 
cruise vessels, measured at the point of discharge, shall, not later 
than the date described in subsection (d), meet the following 
standards:
            (1) In general.--The discharge shall satisfy the minimum 
        level of effluent quality specified in section 133.102 of title 
        40, Code of Federal 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 Administrator 
shall--
            (1) review the effluent limits promulgated under subsection 
        (a) at least once every 5 years; and
            (2) revise the effluent limits as necessary to incorporate 
        technology available at the time of the review in accordance 
        with subsection (a)(2).
    (d) Compliance Date.--
            (1) In general.--The date described in this subsection is--
                    (A) with respect to new vessels put into water 
                after the date of the enactment of this Act, 2 years 
                after such date of enactment; and
                    (B) with respect to vessels in use as of such date 
                of enactment, 5 years after such date of enactment.
            (2) New vessel defined.--In this subsection, the term ``new 
        vessel'' means a vessel the keel of which is laid, or that is 
        at a similar stage of construction, on or after the date of the 
        enactment of this Act.

SEC. 6. ALASKAN CRUISE VESSELS.

    (a) In General.--An Alaskan cruise vessel shall not be subject to 
the provisions of this Act (including regulations promulgated under 
this Act) until the date that is 10 years after the date of the 
enactment of this Act.
    (b) Definition of Alaskan Cruise Vessel.--In this section, the term 
``Alaskan cruise vessel'' means a cruise vessel--
            (1) while the vessel is operating in waters of the State of 
        Alaska, as defined in section 159.305 of title 33, Code of 
        Federal Regulations; and
            (2) that complies with all relevant laws and regulations of 
        the State of Alaska while in transit from a port of call 
        outside of the State of Alaska to the waters of the State of 
        Alaska.

SEC. 7. INSPECTION AND SAMPLING.

    (a) Development and Implementation of Inspection Program.--
            (1) In general.--The Administrator shall promulgate 
        regulations to implement a sampling and testing program, and 
        the Commandant shall promulgate regulations to implement an 
        inspection 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 be subject to an unannounced inspection 
                at least once per year.
    (b) Regulations.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Commandant, in consultation with 
        the Administrator, shall promulgate regulations that, at a 
        minimum--
                    (A) require the owner, operator, master, or other 
                individual in charge of a cruise vessel to maintain and 
                submit annually a logbook detailing the times, types, 
                volumes, flow rates, origins, and specific locations 
                of, and explanations for, any discharges from the 
                cruise vessel;
                    (B) provide for routine announced and unannounced 
                inspections of--
                            (i) cruise vessel environmental compliance 
                        records and procedures; and
                            (ii) the functionality and proper operation 
                        of installed equipment for abatement and 
                        control of any cruise vessel discharge, 
                        including equipment intended to treat sewage, 
                        graywater, or bilge water;
                    (C) require the sampling and testing of cruise 
                vessel discharges that require the owner, operator, 
                master, or other individual in charge of a cruise 
                vessel--
                            (i) to conduct that sampling or testing at 
                        the point of discharge; and
                            (ii) to produce any records of the sampling 
                        or testing;
                    (D) require any owner, operator, master, or other 
                individual in charge of a cruise vessel who has 
                knowledge of a discharge from the cruise vessel in 
                violation of this Act (including regulations 
                promulgated under this Act) to report immediately the 
                discharge to the Commandant, who shall provide 
                notification of the discharge to the Administrator; and
                    (E) require the owner, operator, master, or other 
                individual in charge of a cruise vessel to provide to 
                the Commandant and Administrator a blueprint of each 
                cruise vessel that includes the location of every 
                discharge pipe and valve.
            (2) Disclosure of logbooks.--Upon receiving a logbook 
        described in paragraph (1)(A), the Commandant shall--
                    (A) transmit a copy of the logbook to the 
                Administrator; and
                    (B) make the logbook available to the public.
    (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, after public notice and 
                comment.
            (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. 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 Program.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Commandant shall establish and 
        carry out a program for the placement of 1 or more trained 
        independent observers on each cruise vessel.
            (2) Purposes.--The purposes of the cruise observer program 
        established under paragraph (1) are to monitor and inspect 
        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, regulations, 
                and international agreements.
            (3) Responsibilities.--An observer described in paragraph 
        (1) shall--
                    (A) observe and inspect--
                            (i) onboard environmental treatment 
                        systems;
                            (ii) use of shore-based treatment and 
                        storage facilities;
                            (iii) discharges and discharge practices; 
                        and
                            (iv) blueprints, logbooks, and other 
                        relevant information, including fuel 
                        consumption and atmospheric emissions;
                    (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;
                    (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; 
                        and
                    (E) maintain a logbook to be submitted to the 
                Commandant and the Administrator annually and to be 
                made available to the public.
            (4) Adaptive management.--The program established and 
        carried out by the Commandant under paragraph (1) shall also 
        include--
                    (A) a method for collecting and reviewing data 
                related to the efficiency and operation of the program; 
                and
                    (B) periodic revisions to the program based on the 
                data collected under subparagraph (A).
            (5) Report.--Not later than 3 years after the establishment 
        of the program described in paragraph (1), the Commandant shall 
        submit to Congress a report describing--
                    (A) the results of the program;
                    (B) recommendations for optimal observer coverage; 
                and
                    (C) other recommendations for improvement of the 
                program.
    (e) Onboard Monitoring System Pilot Program.--
            (1) In general.--Not later than 1 year after the date of 
        the 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 2008 through 2013, 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) discharges of sewage, graywater, and bilge 
                water from cruise vessels; and
                    (B) functioning of cruise vessel components 
                relating to fuel consumption and control of air and 
                water pollution.
            (2) Technology requirements.--Technologies developed under 
        the program described in paragraph (1)--
                    (A) shall have the ability to record--
                            (i) the location and time of discharges 
                        from cruise vessels;
                            (ii) the source, content, and volume of the 
                        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) Adaptive management.--The program established and 
        carried out by the Administrator of the National Oceanic and 
        Atmospheric Administration pursuant to paragraph (1) shall also 
        include--
                    (A) a method for collecting and reviewing data 
                related to the efficiency and operation of the program; 
                and
                    (B) periodic revisions to the program based on the 
                data collected under subparagraph (A).
            (5) Report.--Not later than 3 years after the date of the 
        enactment of this Act, the Administrator of the National 
        Oceanic and Atmospheric Administration shall submit to Congress 
        a report describing--
                    (A) the results of the program;
                    (B) recommendations for continuing the program; and
                    (C) other recommendations for improving the 
                program.

SEC. 8. EMPLOYEE PROTECTION.

    (a) Prohibition of Discrimination Against 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 an 
        employee 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 alleged 
                violation.
                    (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 secretary.--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 to the former position of the 
                        employee; 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 attorneys' 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 Employees Acting Without Direction 
From Employer or Agent.--This section shall not apply to any employee 
who, without direction from the employer of the employee (or agent of 
the employer), deliberately violates any provision of this Act.

SEC. 9. JUDICIAL REVIEW.

    (a) Review of Actions by Administrator or Commandant; Selection of 
Court; Fees.--
            (1) Review of actions.--
                    (A) In general.--Any interested person may petition 
                for a review, in the United States court of appeals for 
                the circuit in which the person resides or transacts 
                business directly affected by the action of which 
                review is requested--
                            (i) of an action of the Administrator in 
                        promulgating any effluent limit under section 
                        5; or
                            (ii) of an action of the Commandant or the 
                        Administrator in carrying out an inspection, 
                        sampling, or testing under section 7.
                    (B) Deadline for review.--A petition for review 
                under subparagraph (A) shall be made--
                            (i) not later than 120 days after the date 
                        of promulgation of the limit or standard with 
                        respect to which the review is sought; or
                            (ii) if the petition for review is based 
                        solely on grounds that arose after the date 
                        described in clause (i), as soon as 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 of such action.
            (3) Award of fees.--In any judicial proceeding under this 
        subsection, a court may award costs of litigation (including 
        reasonable attorneys' 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 introduce 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 introduce 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; 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. 10. ENFORCEMENT.

    (a) In General.--Any person that violates a provision of section 4 
or any regulation promulgated under this Act may be assessed--
            (1) a class I or class II civil penalty described in 
        subsection (b); or
            (2) a civil penalty in a civil action under subsection (c).
    (b) Amount of Administrative Penalty.--
            (1) Class i.--The amount of a class I civil penalty under 
        subsection (a)(1) may not exceed--
                    (A) $10,000 per violation; or
                    (B) $25,000 in the aggregate, in the case of 
                multiple violations.
            (2) Class ii.--The amount of a class II civil penalty under 
        subsection (a)(1) may not exceed--
                    (A) $10,000 per day for each day during which the 
                violation continues; or
                    (B) $125,000 in the aggregate, in the case of 
                multiple violations.
            (3) Separate violations.--Each day on which a violation 
        continues shall constitute a separate violation.
            (4) Determination of amount.--In determining the amount of 
        a civil penalty under subsection (a)(1), the Commandant or the 
        court, as appropriate, 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 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.
                    (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 civil 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 relating to such assessment; 
                                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 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 
                                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) attorneys' 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 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 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 district 
court of the United States 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 under title 18, United States 
        Code.
            (2) Knowing violations.--Any person that knowingly violates 
        section 4 or any regulation promulgated 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, 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 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 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 
        district court of the United States 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 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; 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; or
                                    (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 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 subsection (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 standard under 
                this Act; or
                    (C) an order issued by the Administrator or 
                Commandant with respect to such a condition, an 
                effluent limit, or a 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 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, 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 
        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
            (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 vessel 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.
                    (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 
        attorneys' 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), 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. 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 engine activities of cruise vessels to 
reduce the level of harmful chemical and particulate air pollutants.

SEC. 14. 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 2009 through 
2013.
    (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) Amounts.--The Fund shall consist of 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 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. 15. 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 vessels; 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 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>