[Congressional Record Volume 154, Number 61 (Thursday, April 17, 2008)]
[Senate]
[Pages S3147-S3154]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN:
  S. 2881. 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, if I said there was an industry that 
generates millions of gallons of wastewater every day and that can dump 
that waste with virtually no oversight, you might think that I was 
recalling the days before the Clean Water Act. The truth is, though, 
that such an industry exists today. I am talking about cruise ships.
  That is why I am introducing the Clean Cruise Ship Act of 2008. This 
bill will require cruise ships to upgrade their wastewater treatment 
systems to meet the standards of today's best available technology, 
which has been shown to significantly reduce the amount of pollutants 
discharged from ships. This technology is already being

[[Page S3148]]

used successfully on cruise ships in Alaska, thanks to that State's 
forward-thinking regulations.
  The problem is real. The number of cruise ship passengers has been 
growing nearly twice as fast as any other mode of travel. In the U.S. 
alone the numbers are approaching ten million passengers a year. Some 
of these ships can carry 3,000 passengers. That is the size of a small 
city. As cities do, these ships produce massive amounts of waste--over 
200,000 gallons of sewage each week; a million gallons of graywater 
from galleys, laundry, and showers; and over 35,000 gallons of oily 
bilge water that collects in ship bottoms.
  Wastewater from cities, of course, is highly regulated. America 
wouldn't tolerate anything less. A city cannot simply dump waste into 
our waterways. We've seen, of course, what happens when municipal 
wastewater treatment systems are poorly operated or break down. People 
fall ill, beaches are closed, and ecosystems are harmed.
  So what's the story for waste from cruise ships? Let us start with 
``black water'' sewage--human body wastes and other toilet waste. 
Within three miles of shore, vessels can discharge this waste provided 
that a ``marine sanitation device'' is installed. The Environmental 
Protection Agency released a draft report in December, however, that 
concluded that these systems simply don't work. These sewage treatment 
devices leave discharges that consistently exceed national effluent 
standards for fecal coliform and other pathogens and pollutants. In 
fact, fecal coliform levels in effluent are typically 20 to 200 times 
greater than in untreated domestic wastewater.
  Beyond three miles from shore there are no restrictions on sewage 
discharge. Cruise ships are free to dump their sewage and foul U.S. 
waters with impunity.
  The situation for graywater may be even more serious. Except in 
Alaska, cruise ship graywater requires no treatment whatsoever before 
being discharged, and there are no restrictions on where that dumping 
can be done. Yet graywater from sinks, tubs, and kitchens contains 
large amounts of pathogens and pollutants--amounts that would never be 
tolerated from a land-based business. Fecal coliform concentrations, 
for example, are ten to a thousand times greater than those in 
untreated domestic wastewater. These pollutants sicken our marine 
ecosystems, wash up onto our beaches, and contaminate food and 
shellfish that end up on our dinner plates.

  The Clean Cruise Ship Act seeks to solve this oversight in the 
current regulations, just as Alaska State law has done. No discharges 
whatsoever would be allowed within 12 miles of shore. Beyond twelve 
miles, discharges of sewage, graywater, and bilge water would be 
allowed, provided that they meet national effluent limits consistent 
with the best available technology. That technology works and is 
commercially available now. The recent Environmental Protection Agency 
study found that these ``advanced wastewater treatment'' systems 
effectively remove pathogens, suspended solids, metals, and oil and 
grease.
  Under this legislation, the release of raw, untreated sewage would be 
banned everywhere. No dumping would be allowed of sewage sludge and 
incinerator ash in U.S. waters. All cruise ships calling on U.S. ports 
would have to dispose of hazardous waste in accordance to the Resource 
Conservation and Recovery Act. The bill would establish inspection and 
enforcement mechanisms to ensure compliance.
  There is one thing at this point I'd like to make clear. Many of us 
here have been working hard to stop aquatic invasive species that slip 
into our lakes and coastal waters in discharged ballast water. Alien 
species that have escaped into U.S. waters are causing massive harm. We 
have to do everything in our power to prevent new invasive species from 
getting loose.
  With this in mind, many of us have been closely watching court cases 
surrounding the Environmental Protection Agency's responsibility for 
regulating ballast water under the Clean Water Act. That litigation may 
have implications for cruise ship wastewater pollution.
  I have no intention of interfering with this court case. Likewise, I 
want to emphasize that this bill in no way undermines the provisions of 
the Clean Water Act that deal with discharges of pollution into the 
nation's waters. I have always supported the Clean Water Act. It will 
continue to be an important tool that, in conjunction with the Clean 
Cruise Ship Act, can significantly reduce wastewater pollution from 
cruise ships.
  The protection of U.S. waters is vital to our Nation's health and 
economy. There are 4.5 million square miles of ocean in the U.S. 
territorial seas--23 percent larger than our Nation's landmass. That's 
more than any other country has. Cruise ship wastewater threatens the 
very environments that family vacationers want to visit. Current 
regulations and voluntary guidelines for the cruise ship industry just 
aren't good enough. No other industry is allowed to pollute our waters 
at will. The cruise ship industry is growing at nearly 5 percent each 
year, which means that the problem is growing, as well.
  Uncontrolled dumping of cruise ship pollution must stop. We can 
achieve that goal with the Clean Cruise Ship Act. I recognize, though, 
that there may be other valid approaches. I encourage my colleagues to 
work with me to pass legislation this year that will put a stop to the 
dumping of hazardous pollutants along our coasts. Together we can clean 
up this major source of pollution that is harming our waters.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2881

       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,

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     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,

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     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.

[[Page S3151]]

       (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.--

[[Page S3152]]

       (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

[[Page S3153]]

     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.

[[Page S3154]]

       (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.
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