[Congressional Record Volume 151, Number 44 (Thursday, April 14, 2005)]
[Senate]
[Pages S3658-S3664]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN:
  S. 793. A bill to establish national standards for discharges from 
cruise vessels into the waters of the United States, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 793

       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 2005''.
       (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

[[Page S3659]]

     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 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.--The term ``territorial sea''--
       (A) 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; 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).
       (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.--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.
       (8) Passenger.--The term ``passenger''--
       (A) means any person on board a cruise vessel for the 
     purpose of travel; and
       (B) 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.--The term ``discharge''--
       (A) means a release of any substance, however caused, from 
     a cruise vessel; and
       (B) 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.--The term ``sewage sludge''--
       (A) means any solid, semi-solid, or liquid residue removed 
     during the treatment of municipal waste water or domestic 
     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.
       (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 not 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 unless--
       (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; or
       (ii) in the case of a discharge of bilge water, the 
     discharge is in accordance with all applicable laws;
       (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:

[[Page S3660]]

       (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. 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 2006 through 2008, 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 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, 2008, 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 2006 through 2011, 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, 2008, 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

[[Page S3661]]

     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 assessed--
       (1) a class I or class II 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 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.

[[Page S3662]]

       (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

[[Page S3663]]

     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 2006 through 2010.
       (b) Cruise Vessel Pollution Control Fund.--
       (1) Establishment.--There is established in the general 
     fund of the Treasury a separate account to be known as the 
     ``Cruise Vessel Pollution Control Fund'' (referred to in this 
     section as the ``Fund'').
       (2) Appropriation of amounts.--There are appropriated to 
     the Fund such amounts as are 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

[[Page S3664]]

       (B) impairs or in any manner affects any right or 
     jurisdiction of the State with respect to the waters of the 
     State.
                                 ______