Clean Cruise Ship Act of 2004 - Prohibits cruise vessels entering U.S. ports from discharging sewage, graywater, or bilge water into the waters of the United States, with specified exceptions, including when in compliance with effluent limits and management standards.
Requires the Commandant of the Coast Guard and the Administrator of the Environmental Protection Agency to issue regulations establishing effluent limits for sewage and graywater discharged by cruise vessels.
Requires the Commandant to issue regulations implementing an inspection, sampling, and testing program sufficient to verify compliance with this Act and other specified laws.
Prohibits employment discrimination against persons who institute or testify in proceedings under this Act.
Authorizes interested persons to file a petition in U.S. circuit court requesting review of the Commandant's action in promulgating effluent limits or carrying out inspections, sampling, or testing under this Act.
Establishes administrative, civil, and criminal penalties for violations of this Act. Authorizes rewards for information leading to the payment of such penalties. Establishes in rem liability for cruise vessels violating this Act.
Authorizes citizen suits in the U.S. district courts against those who violate this Act or related regulations and orders, or against the Administrator or Commandant for an alleged failure to perform.
Establishes special compliance deadlines for Alaskan cruise vessels with advanced treatment systems.
Establishes the Cruise Vessel Pollution Control Fund. Requires the Commandant to establish and collect fees from cruise vessels to carry out this Act and to deposit fees in the Fund.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4101 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4101
To establish national standards for discharges from cruise vessels into
the waters of the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 1, 2004
Mr. Farr (for himself, Mr. Shays, Mr. Stupak, Ms. Woolsey, Mr. Stark,
Mr. Allen, Mr. Pallone, Ms. Loretta Sanchez of California, Mr. Honda,
and Mrs. Capps) introduced the following bill; which was referred to
the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To establish national standards for discharges from cruise vessels into
the waters of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
This Act may be cited as the ``Clean Cruise Ship Act of 2004''.
(a) Short Title.--This Act may be cited as the ``Clean Cruise Ship
Act of 2004''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Prohibitions and conditions regarding the discharge of sewage,
graywater, or bilge water.
Sec. 5. Effluent limits for discharges of sewage and graywater.
Sec. 6. Inspection and sampling.
Sec. 7. Employee protection.
Sec. 8. Judicial review.
Sec. 9. Enforcement.
Sec. 10. Citizen suits.
Sec. 11. Alaskan cruise vessels.
Sec. 12. Ballast water.
Sec. 13. Funding.
Sec. 14. Effect on other law.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) cruise vessels carry millions of passengers each year,
and in 2001 carried 8,400,000 passengers in North America;
(2) cruise vessels carry passengers to and through the most
beautiful ocean areas in the United States and provide many
people in the United States ample opportunities to relax and
learn about oceans and marine ecosystems;
(3) ocean pollution threatens the beautiful and inspiring
oceans and marine wildlife that many cruise vessels intend to
present to travelers;
(4) cruise vessels generate tremendous quantities of
pollution, including--
(A) sewage (including sewage sludge);
(B) graywater from showers, sinks, laundries,
baths, and galleys;
(C) oily water;
(D) toxic chemicals from photo processing, dry
cleaning, and paints;
(E) ballast water;
(F) solid wastes; and
(G) emissions of air pollutants;
(5) some of the pollution generated by cruise ships,
particularly sewage discharge, can lead to high levels of
nutrients that are known to harm and kill coral reefs and which
can increase the quantity of pathogens in the water and
heighten the susceptibility of many coral species to scarring
and disease;
(6) laws (including regulations) in effect as of the date
of enactment of this Act do not provide adequate controls,
monitoring, or enforcement of certain discharges from cruise
vessels into the waters of the United States; and
(7) to protect coastal and ocean areas of the United States
from pollution generated by cruise vessels, new Federal
legislation is needed to reduce and better regulate discharges
from cruise vessels, and to improve monitoring, reporting, and
enforcement of discharges.
(b) Purposes.--The purposes of this Act are--
(1) to prevent the discharge of any untreated sewage or
graywater from a cruise vessel entering ports of the United
States into the waters of the United States;
(2) to prevent the discharge of any treated sewage, sewage
sludge, graywater, or bilge water from cruise vessels entering
ports of the United States into the territorial sea;
(3) to establish new national effluent limits and
management standards for the discharge of treated sewage or
graywater from cruise vessels entering ports of the United
States into the exclusive economic zone of the United States in
any case in which the discharge is not within an area in which
discharges are prohibited; and
(4) to ensure that cruise vessels entering ports of the
United States comply with all applicable environmental laws.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Territorial sea.--
(A) In general.--The term ``territorial sea'' means
the belt of the sea measured from the baseline of the
United States determined in accordance with
international law, as set forth in Presidential
Proclamation number 5928, dated December 27, 1988.
(B) Inclusion.--The term ``territorial sea''
includes the waters lying seaward of the line of
ordinary low water and extending to the baseline of the
United States described in subparagraph (A).
(4) Exclusive economic zone.--The term ``exclusive economic
zone'' means the Exclusive Economic Zone of the United States
established by Presidential Proclamation number 5030, dated
March 10, 1983.
(5) Waters of the united states.--The term ``waters of the
United States'' means the waters of the territorial sea, the
exclusive economic zone, and the Great Lakes.
(6) Great lake.--The term ``Great Lake'' means--
(A) Lake Erie;
(B) Lake Huron (including Lake Saint Clair);
(C) Lake Michigan;
(D) Lake Ontario; and
(E) Lake Superior.
(7) Cruise vessel.--
(A) In general.--The term ``cruise vessel'' means a
passenger vessel (as defined in section 2101(22) of
title 46, United States Code), that--
(i) is authorized to carry at least 250
passengers; and
(ii) has onboard sleeping facilities for
each passenger.
(B) Exclusions.--The term ``cruise vessel'' does
not include--
(i) a vessel of the United States operated
by the Federal Government; or
(ii) a vessel owned and operated by the
government of a State.
(8) Passenger.--
(A) In general.--The term ``passenger'' means any
person on board a cruise vessel for the purpose of
travel.
(B) Inclusions.--The term ``passenger'' includes--
(i) a paying passenger; and
(ii) a staffperson, such as a crew member,
captain, or officer.
(9) Person.--The term ``person'' means--
(A) an individual;
(B) a corporation;
(C) a partnership;
(D) a limited liability company;
(E) an association;
(F) a State;
(G) a municipality;
(H) a commission or political subdivision of a
State; and
(I) an Indian tribe.
(10) Citizen.--The term ``citizen'' means a person that has
an interest that is or may be adversely affected by any
provision of this Act.
(11) Discharge.--
(A) In general.--The term ``discharge'' means a
release of any substance, however caused, from a cruise
vessel.
(B) Inclusions.--The term ``discharge'' includes
any escape, disposal, spilling, leaking, pumping,
emitting or emptying of any substance.
(12) Sewage.--The term ``sewage'' means--
(A) human body wastes;
(B) the wastes from toilets and other receptacles
intended to receive or retain human body wastes; and
(C) sewage sludge.
(13) Graywater.--The term ``graywater'' means galley,
dishwasher, bath, and laundry waste water.
(14) Bilge water.--The term ``bilge water'' means
wastewater that includes lubrication oils, transmission oils,
oil sludge or slops, fuel or oil sludge, used oil, used fuel or
fuel filters, or oily waste.
(15) Sewage sludge.--
(A) In general.--The term ``sewage sludge'' means
any solid, semi-solid, or liquid residue removed during
the treatment of municipal waste water or domestic
sewage.
(B) Inclusions.--The term ``sewage sludge''
includes--
(i) solids removed during primary,
secondary, or advanced waste water treatment;
(ii) scum;
(iii) septage;
(iv) portable toilet pumpings;
(v) type III marine sanitation device
pumpings (as defined in part 159 of title 33,
Code of Federal Regulations); and
(vi) sewage sludge products.
(C) Exclusions.--The term ``sewage sludge'' does
not include--
(i) grit or screenings; or
(ii) ash generated during the incineration
of sewage sludge.
(16) Indian tribe.--The term ``Indian tribe'' has the
meaning given in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
SEC. 4. PROHIBITIONS AND CONDITIONS REGARDING THE DISCHARGE OF SEWAGE,
GRAYWATER, OR BILGE WATER.
(a) Prohibition.--
(1) In general.--Except as provided in paragraph (2) and
section 11, no cruise vessel entering a port of the United
States may discharge sewage, graywater, or bilge water into the
waters of the United States.
(2) Exception.--A cruise vessel described in paragraph (1)
may discharge sewage, graywater, or bilge water into the
exclusive economic zone but outside the territorial sea, or, in
the case of the Great Lakes, beyond any point that is 12 miles
from the shore, only if--
(A)(i) in the case of a discharge of sewage or
graywater, the discharge meets all applicable effluent
limits established under this Act and is in accordance
with all other applicable laws (including regulations);
or
(ii) in the case of a discharge of bilge water, the
discharge is in accordance with all applicable laws
(including regulations);
(B) the cruise vessel meets all applicable
management standards established under this Act; and
(C) the cruise vessel is not discharging in an area
in which the discharge is otherwise prohibited.
(b) Safety Exception.--
(1) Scope of exception.--Subsection (a) shall not apply in
any case in which--
(A) a discharge is made solely for the purpose of
securing the safety of the cruise vessel or saving a
human life at sea; and
(B) all reasonable precautions have been taken for
the purpose of preventing or minimizing the discharge.
(2) Notification of commandant.--
(A) In general.--If the owner, operator, or master,
or other individual in charge, of a cruise vessel
authorizes a discharge described in paragraph (1), the
individual shall notify the Commandant of the decision
to authorize the discharge as soon as practicable, but
not later than 24 hours, after authorizing the
discharge.
(B) Report.--Not later than 7 days after the date
on which an individual described in subparagraph (A)
notifies the Commandant of an authorization of a
discharge under the safety exception under this
paragraph, the individual shall submit to the
Commandant a report that includes--
(i) the quantity and composition of each
discharge made under the safety exception;
(ii) the reason for authorizing each
discharge;
(iii) the location of the vessel during the
course of each discharge; and
(iv) such other supporting information and
data as are requested by the Commandant.
SEC. 5. EFFLUENT LIMITS FOR DISCHARGES OF SEWAGE AND GRAYWATER.
(a) Effluent Limits.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Commandant and the Administrator
shall jointly promulgate effluent limits for sewage and
graywater discharges from cruise vessels entering ports of the
United States.
(2) Requirements.--The effluent limits shall--
(A) require the application of the best available
technology that will result in the greatest level of
effluent reduction achievable, recognizing that the
national goal is the elimination of the discharge of
all pollutants in sewage and graywater by cruise
vessels into the waters of the United States by 2015;
and
(B) require compliance with all relevant water
quality criteria standards.
(b) Minimum Limits.--The effluent limits under subsection (a) shall
require, at a minimum, that treated sewage and graywater effluent
discharges from cruise vessels shall, not later than 3 years after the
date of enactment of this Act, meet the following standards:
(1) In general.--The discharge satisfies the minimum level
of effluent quality specified in section 133.102 of title 40,
Code of Regulations (or a successor regulation).
(2) Fecal coliform.--With respect to the samples from the
discharge during any 30-day period--
(A) the geometric mean of the samples shall not
exceed 20 fecal coliform per 100 milliliters; and
(B) not more than 10 percent of the samples shall
exceed 40 fecal coliform per 100 milliliters.
(3) Residual chlorine.--Concentrations of total residual
chlorine in samples shall not exceed 10 milligrams per liter.
(c) Review and Revision of Effluent Limits.--The Commandant and the
Administrator shall jointly--
(1) review the effluent limits required by subsection (a)
at least once every 3 years; and
(2) revise the effluent limits as necessary to incorporate
technology available at the time of the review in accordance
with subsection (a)(2).
SEC. 6. INSPECTION AND SAMPLING.
(a) Development and Implementation of Inspection Program.--
(1) In general.--The Commandant, in consultation with the
Administrator, shall promulgate regulations to implement an
inspection, sampling, and testing program sufficient to verify
that cruise vessels calling on ports of the United States are
in compliance with--
(A) this Act (including regulations promulgated
under this Act);
(B) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) (including regulations promulgated
under that Act);
(C) other applicable Federal laws and regulations;
and
(D) all applicable requirements of international
agreements.
(2) Inspections.--The program shall require that--
(A) regular announced and unannounced inspections
be conducted of any relevant aspect of cruise vessel
operations, equipment, or discharges, including
sampling and testing of cruise vessel discharges; and
(B) each cruise vessel that calls on a port of the
United States shall be subject to an unannounced
inspection at least annually.
(b) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Commandant, in consultation with the Administrator,
shall promulgate regulations that, at a minimum--
(1) require the owner, operator, or master, or other
individual in charge, of a cruise vessel to maintain and
produce a logbook detailing the times, types, volumes, and flow
rates, origins, and locations of any discharges from the cruise
vessel;
(2) provide for routine announced and unannounced
inspections of--
(A) cruise vessel environmental compliance records
and procedures; and
(B) the functionality and proper operation of
installed equipment for abatement and control of any
cruise vessel discharge (which equipment shall include
equipment intended to treat sewage, graywater, or bilge
water);
(3) require the sampling and testing of cruise vessel
discharges that require the owner, operator, or master, or
other individual in charge, of a cruise vessel--
(A) to conduct that sampling or testing; and
(B) to produce any records of the sampling or
testing;
(4) require any owner, operator, or master, or other
individual in charge, of a cruise vessel who has knowledge of a
discharge from the cruise vessel in violation of this Act
(including regulations promulgated under this Act) to
immediately report that discharge to the Commandant (who shall
provide notification of the discharge to the Administrator);
and
(5) require the owner, operator, or master, or other
individual in charge, of a cruise vessel to provide to the
Commandant and Administrator a blueprint of each cruise vessel
that includes the location of every discharge pipe and valve.
(c) Evidence of Compliance.--
(1) Vessel of the united states.--
(A) In general.--A cruise vessel registered in the
United States to which this Act applies shall have a
certificate of inspection issued by the Commandant.
(B) Issuance of certificate.--The Commandant may
issue a certificate described in subparagraph (A) only
after the cruise vessel has been examined and found to
be in compliance with this Act, including prohibitions
on discharges and requirements for effluent limits, as
determined by the Commandant.
(C) Validity of certificate.--A certificate issued
under this paragraph--
(i) shall be valid for a period of not more
than 5 years, beginning on the date of issuance
of the certificate;
(ii) may be renewed as specified by the
Commandant; and
(iii) shall be suspended or revoked if the
Commandant determines that the cruise vessel
for which the certificate was issued is not in
compliance with the conditions under which the
certificate was issued.
(D) Special certificates.--The Commandant may issue
special certificates to certain vessels that exhibit
compliance with this Act and other best practices, as
determined by the Commandant.
(2) Foreign vessel.--
(A) In general.--A cruise vessel registered in a
country other than the United States to which this Act
applies may operate in the waters of the United States,
or visit a port or place under the jurisdiction of the
United States, only if the cruise vessel has been
issued a certificate of compliance by the Commandant.
(B) Issuance of certificate.--The Commandant may
issue a certificate described in subparagraph (A) to a
cruise vessel only after the cruise vessel has been
examined and found to be in compliance with this Act,
including prohibitions on discharges and requirements
for effluent limits, as determined by the Commandant.
(C) Acceptance of foreign documentation.--The
Commandant may consider a certificate, endorsement, or
document issued by the government of a foreign country
under a treaty, convention, or other international
agreement to which the United States is a party, in
issuing a certificate of compliance under this
paragraph (except that such a certificate, endorsement,
or document shall not serve as a proxy for
certification of compliance with this Act).
(D) Validity of certificate.--A certificate issued
under this section--
(i) shall be valid for a period of not more
than 24 months, beginning on the date of
issuance of the certificate;
(ii) may be renewed as specified by the
Commandant; and
(iii) shall be suspended or revoked if the
Commandant determines that the cruise vessel
for which the certificate was issued is not in
compliance with the conditions under which the
certificate was issued.
(d) Cruise Observer Pilot Program.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commandant shall establish, and for
each of fiscal years 2005 through 2007, shall carry out, a
program for the placement of 2 or more independent observers on
cruise vessels for the purpose of monitoring and inspecting
cruise vessel operations, equipment, and discharges to ensure
compliance with--
(A) this Act (including regulations promulgated
under this Act); and
(B) all other relevant Federal laws (including
regulations) and international agreements.
(2) Responsibilities.--An observer described in paragraph
(1) shall--
(A) observe and inspect--
(i) onboard environmental treatment
systems;
(ii) use of shore-based treatment and
storage facilities;
(iii) discharges and discharge practices;
and
(iv) blueprints, logbooks, and other
relevant information;
(B) have the authority to interview and otherwise
query any crew member with knowledge of vessel
operations;
(C) have access to all data and information made
available to government officials under this section;
and
(D) immediately report any known or suspected
violation of this Act or any other applicable Federal
law or international agreement to--
(i) the Coast Guard; and
(ii) the Environmental Protection Agency.
(3) Report.--Not later than January 31, 2007, the
Commandant shall submit to Congress a report describing the
results, and recommendations for continuance, of the program
under this subsection.
(e) Onboard Monitoring System Pilot Program.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the National
Oceanic and Atmospheric Administration, in consultation with
the Administrator and the Commandant, shall establish, and for
each of fiscal years 2005 through 2010, shall carry out, with
industry partners as necessary, a pilot program to develop and
promote commercialization of technologies to provide real-time
data to Federal agencies regarding--
(A) graywater and sewage discharges from cruise
vessels; and
(B) functioning of cruise vessel components
relating to pollution control.
(2) Technology requirements.--Technologies developed under
the program under this subsection--
(A) shall have the ability to record--
(i) the location and time of discharges
from cruise vessels;
(ii) the source, content, and volume of
those discharges; and
(iii) the state of components relating to
pollution control at the time of the
discharges, including whether the components
are operating correctly; and
(B) shall be tested on not less than 10 percent of
all cruise vessels operating in the territorial sea of
the United States, including large and small vessels.
(3) Participation of industry.--
(A) Competitive selection process.--Industry
partners willing to participate in the program may do
so through a competitive selection process conducted by
the Administrator of the National Oceanic and
Atmospheric Administration.
(B) Contribution.--A selected industry partner
shall contribute not less than 20 percent of the cost
of the project in which the industry partner
participates.
(4) Report.--Not later than January 31, 2007, the
Administrator of the National Oceanic and Atmospheric
Administration shall submit to Congress a report describing the
results, and recommendations for continuance, of the program
under this subsection.
SEC. 7. EMPLOYEE PROTECTION.
(a) Prohibition of Discrimination Against Persons Filing,
Instituting, or Testifying in Proceedings Under This Act.--No person
shall terminate the employment of, or in any other way discriminate
against (or cause the termination of employment of or discrimination
against), any employee or any authorized representative of employees by
reason of the fact that the employee or representative--
(1) has filed, instituted, or caused to be filed or
instituted any proceeding under this Act; or
(2) has testified or is about to testify in any proceeding
resulting from the administration or enforcement of the
provisions of this Act.
(b) Application for Review; Investigation; Hearings; Review.--
(1) In general.--An employee or a representative of
employees who believes that the termination of the employment
of the employee has occurred, or that the employee has been
discriminated against, as a result of the actions of any person
in violation of subsection (a) may, not later than 30 days
after the date on which the alleged violation occurred, apply
to the Secretary of Labor for a review of the alleged
termination of employment or discrimination.
(2) Application.--A copy of an application for review filed
under paragraph (1) shall be sent to the respondent.
(3) Investigation.--
(A) In general.--On receipt of an application for
review under paragraph (1), the Secretary of Labor
shall carry out an investigation of the complaint.
(B) Requirements.--In carrying out this subsection,
the Secretary of Labor shall--
(i) provide an opportunity for a public
hearing at the request of any party to the
review to enable the parties to present
information relating to the alleged violation;
(ii) ensure that, at least 5 days before
the date of the hearing, each party to the
hearing is provided written notice of the time
and place of the hearing; and
(iii) ensure that the hearing is on the
record and subject to section 554 of title 5,
United States Code.
(C) Findings of commandant.--On completion of an
investigation under this paragraph, the Secretary of
Labor shall--
(i) make findings of fact;
(ii) if the Secretary of Labor determines
that a violation did occur, issue a decision,
incorporating an order and the findings,
requiring the person that committed the
violation to take such action as is necessary
to abate the violation, including the rehiring
or reinstatement, with compensation, of an
employee or representative of employees to the
former position of the employee or
representative; and
(iii) if the Secretary of Labor determines
that there was no violation, issue an order
denying the application.
(D) Order.--An order issued by the Secretary of
Labor under subparagraph (C) shall be subject to
judicial review in the same manner as orders and
decisions of the Administrator are subject to judicial
review under this Act.
(c) Costs and Expenses.--In any case in which an order is issued
under this section to abate a violation, at the request of the
applicant, a sum equal to the aggregate amount of all costs and
expenses (including attorney's fees), as determined by the Secretary of
Labor, to have been reasonably incurred by the applicant for, or in
connection with, the institution and prosecution of the proceedings,
shall be assessed against the person committing the violation.
(d) Deliberate Violations by Employee Acting Without Direction From
Employer or Agent.--This section shall not apply to any employee that,
without direction from the employer of the employee (or agent of the
employer), deliberately violates any provision of this Act.
SEC. 8. JUDICIAL REVIEW.
(a) Review of Actions by Administrator or Commandant; Selection of
Court; Fees.--
(1) Review of actions.--
(A) In general.--Any interested person may petition
for a review, in the United States circuit court for
the circuit in which the person resides or transacts
business directly affected by the action of which
review is requested--
(i) of an action of the Commandant in
promulgating any effluent limit under section
5; or
(ii) of an action of the Commandant in
carrying out an inspection, sampling, or
testing under section 6.
(B) Deadline for review.--A petition for review
under subparagraph (A) shall be made--
(i) not later than 120 days after the date
of promulgation of the limit or standard
relating to the review sought; or
(ii) if the petition for review is based
solely on grounds that arose after the date
described in clause (i), as soon as practicable
after that date.
(2) Civil and criminal enforcement proceedings.--An action
of the Commandant or Administrator with respect to which review
could have been obtained under paragraph (1) shall not be
subject to judicial review in any civil or criminal proceeding
for enforcement.
(3) Award of fees.--In any judicial proceeding under this
subsection, a court may award costs of litigation (including
reasonable attorney and expert witness fees) to any prevailing
or substantially prevailing party in any case in which the
court determines such an award to be appropriate.
(b) Additional Evidence.--
(1) In general.--In any judicial proceeding instituted
under subsection (a) in which review is sought of a
determination under this Act required to be made on the record
after notice and opportunity for hearing, if any party applies
to the court for leave to adduce additional evidence, and
demonstrates to the satisfaction of the court that the
additional evidence is material and that there were reasonable
grounds for the failure to adduce the evidence in the
proceeding before the Commandant or Administrator, the court
may order the additional evidence (and evidence in rebuttal of
the additional evidence) to be taken before the Commandant or
Administrator, in such manner and on such terms and conditions
as the court determines to be appropriate.
(2) Modification of findings.--On admission of additional
evidence under paragraph (1), the Commandant or Administrator--
(A) may modify findings of fact of the Commandant
or Administrator, as the case may be, relating to a
judicial proceeding, or make new findings of fact, by
reason of the additional evidence so admitted; and
(B) shall file with the return of the additional
evidence any modified or new findings, and any related
recommendations, for the modification or setting aside
of any original determinations of the Commandant or
Administrator.
SEC. 9. ENFORCEMENT.
(a) In General.--Any person that violates section 4 or any
regulation promulgated under this Act may be--
(1) assessed a class I or class II penalty described in
subsection (b); or
(2) assessed a civil penalty in a civil action under
subsection (c).
(b) Amount of Administrative Penalty.--
(1) Class i.--The amount of a class I civil penalty under
subsection (a)(1) shall not exceed--
(A) $10,000 per violation; or
(B) $25,000 in the aggregate, in the case of
multiple violations.
(2) Class ii.--The amount of a class II civil penalty under
subsection (a)(1) shall not exceed--
(A) $10,000 per day for each day during which the
violation continues; or
(B) $125,000 in the aggregate, in the case of
multiple violations.
(3) Separate violations.--Each day on which a violation
continues shall constitute a separate violation.
(4) Determination of amount.--In determining the amount of
a civil penalty under subsection (a)(1), the Commandant or the
court, as the case may be, shall consider--
(A) the seriousness of the violation;
(B) any economic benefit resulting from the
violation;
(C) any history of violations;
(D) any good-faith efforts to comply with the
applicable requirements;
(E) the economic impact of the penalty on the
violator; and
(F) such other matters as justice may require.
(5) Procedure for class i penalty.--
(A) In general.--Before assessing a civil penalty
under this subsection, the Commandant shall provide to
the person to be assessed the penalty--
(i) written notice of the proposal of the
Commandant to assess the penalty; and
(ii) the opportunity to request, not later
than 30 days after the date on which the notice
is received by the person, a hearing on the
proposed penalty.
(B) Hearing.--A hearing described in subparagraph
(A)(ii)--
(i) shall not be subject to section 554 or
556 of title 5, United States Code; but
(ii) shall provide a reasonable opportunity
to be heard and to present evidence.
(6) Procedure for class ii penalty.--
(A) In general.--Except as otherwise provided in
this subsection, a class II civil penalty shall be
assessed and collected in the same manner, and subject
to the same provisions, as in the case of civil
penalties assessed and collected after notice and an
opportunity for a hearing on the record in accordance
with section 554 of title 5, United States Code.
(B) Rules.--The Commandant may promulgate rules for
discovery procedures for hearings under this
subsection.
(7) Rights of interested persons.--
(A) Public notice.--Before issuing an order
assessing a class II civil penalty under this
subsection, the Commandant shall provide public notice
of and reasonable opportunity to comment on the
proposed issuance of each order.
(B) Presentation of evidence.--
(i) In general.--Any person that comments
on a proposed assessment of a class II civil
penalty under this subsection shall be given
notice of--
(I) any hearing held under this
subsection; and
(II) any order assessing the
penalty.
(ii) Hearing.--In any hearing described in
clause (i)(I), a person described in clause (i)
shall have a reasonable opportunity to be heard
and to present evidence.
(C) Rights of interested persons to a hearing.--
(i) In general.--If no hearing is held
under subparagraph (B) before the date of
issuance of an order assessing a class II civil
penalty under this subsection, any person that
commented on the proposed assessment may, not
later than 30 days after the date of issuance
of the order, petition the Commandant--
(I) to set aside the order; and
(II) to provide a hearing on the
penalty.
(ii) New evidence.--If any evidence
presented by a petitioner in support of the
petition under clause (i) is material and was
not considered in the issuance of the order, as
determined by the Commandant, the Commandant
shall immediately--
(I) set aside the order; and
(II) provide a hearing in
accordance with subparagraph (B)(ii).
(iii) Denial of hearing.--If the Commandant
denies a hearing under this subparagraph, the
Commandant shall provide to the petitioner, and
publish in the Federal Register, notice of and
the reasons for the denial.
(8) Finality of order.--
(A) In general.--An order assessing a class II
civil penalty under this subsection shall become final
on the date that is 30 days after the date of issuance
of the order unless, before that date--
(i) a petition for judicial review is filed
under paragraph (10); or
(ii) a hearing is requested under paragraph
(7)(C).
(B) Denial of hearing.--If a hearing is requested
under paragraph (7)(C) and subsequently denied, an
order assessing a class II civil penalty under this
subsection shall become final on the date that is 30
days after the date of the denial.
(9) Effect of action on compliance.--No action by the
Commandant under this subsection shall affect the obligation of
any person to comply with any provision of this Act.
(10) Judicial review.--
(A) In general.--Any person against which a civil
penalty is assessed under this subsection, or that
commented on the proposed assessment of such a penalty
in accordance with paragraph (7), may obtain review of
the assessment in a court described in subparagraph (B)
by--
(i) filing a notice of appeal with the
court within the 30-day period beginning on the
date on which the civil penalty order is
issued; and
(ii) simultaneously sending a copy of the
notice by certified mail to the Commandant and
the Attorney General.
(B) Courts of jurisdiction.--Review of an
assessment under subparagraph (A) may be obtained by a
person--
(i) in the case of assessment of a class I
civil penalty, in--
(I) the United States District
Court for the District of Columbia; or
(II) the United States district
court for the district in which the
violation occurred; or
(ii) in the case of assessment of a class
II civil penalty, in--
(I) the United States Court of
Appeals for the District of Columbia
Circuit; or
(II) the United States circuit
court for any other circuit in which
the person resides or transacts
business.
(C) Copy of record.--On receipt of notice under
subparagraph (A)(ii), the Commandant, shall promptly
file with the appropriate court a certified copy of the
record on which the order assessing a civil penalty
that is the subject of the review was issued.
(D) Substantial evidence.--A court with
jurisdiction over a review under this paragraph--
(i) shall not set aside or remand an order
described in subparagraph (C) unless--
(I) there is not substantial
evidence in the record, taken as a
whole, to support the finding of a
violation; or
(II) the assessment by the
Commandant of the civil penalty
constitutes an abuse of discretion; and
(ii) shall not impose additional civil
penalties for the same violation unless the
assessment by the Commandant of the civil
penalty constitutes an abuse of discretion.
(11) Collection.--
(A) In general.--If any person fails to pay an
assessment of a civil penalty after the assessment has
become final, or after a court in a proceeding under
paragraph (10) has entered a final judgment in favor of
the Commandant, the Commandant shall request the
Attorney General to bring a civil action in an
appropriate district court to recover--
(i) the amount assessed; and
(ii) interest that has accrued on the
amount assessed, as calculated at currently
prevailing rates beginning on the date of the
final order or the date of the final judgment,
as the case may be.
(B) Nonreviewability.--In an action to recover an
assessed civil penalty under subparagraph (A), the
validity, amount, and appropriateness of the civil
penalty shall not be subject to judicial review.
(C) Failure to pay penalty.--Any person that fails
to pay, on a timely basis, the amount of an assessment
of a civil penalty under subparagraph (A) shall be
required to pay, in addition to the amount of the civil
penalty and accrued interest--
(i) attorney's fees and other costs for
collection proceedings; and
(ii) for each quarter during which the
failure to pay persists, a quarterly nonpayment
penalty in an amount equal to 20 percent of the
aggregate amount of the assessed civil
penalties and nonpayment penalties of the
person that are unpaid as of the beginning of
the quarter.
(12) Subpoenas.--
(A) In general.--The Commandant may issue subpoenas
for the attendance and testimony of witnesses and the
production of relevant papers, books, or documents in
connection with hearings under this subsection.
(B) Refusal to obey.--In case of contumacy or
refusal to obey a subpoena issued under this paragraph
and served on any person--
(i) the United States district court for
any district in which the person is found,
resides, or transacts business, on application
by the United States and after notice to the
person, shall have jurisdiction to issue an
order requiring the person to appear and give
testimony before the Commandant or to appear
and produce documents before the Commandant;
and
(ii) any failure to obey such an order of
the court may be punished by the court as a
contempt of the court.
(c) Civil Action.--The Commandant may commence, in the United
States district court for the district in which the defendant is
located, resides, or transacts business, a civil action to impose a
civil penalty under this subsection in an amount not to exceed $25,000
for each day of violation.
(d) Criminal Penalties.--
(1) Negligent violations.--A person that negligently
violates section 4 or any regulation promulgated under this Act
commits a Class A misdemeanor.
(2) Knowing violations.--Any person that knowingly violates
section 4 or any regulation promulgated under this Act commits
a Class D felony.
(3) False statements.--Any person that knowingly makes any
false statement, representation, or certification in any
record, report, or other document filed or required to be
maintained under this Act or any regulation promulgated under
this Act, or that falsifies, tampers with, or knowingly renders
inaccurate any testing or monitoring device or method required
to be maintained under this Act or any regulation promulgated
under this Act, commits a Class D felony.
(e) Rewards.--
(1) Payments to individuals.--
(A) In general.--The Commandant or the court, as
the case may be, may order payment, from a civil
penalty or criminal fine collected under this section,
of an amount not to exceed \1/2\ of the civil penalty
or fine, to any individual who furnishes information
that leads to the payment of the civil penalty or
criminal fine.
(B) Multiple individuals.--If 2 or more individuals
provide information described in subparagraph (A), the
amount available for payment as a reward shall be
divided equitably among the individuals.
(C) Ineligible individuals.--No officer or employee
of the United States, a State, or an Indian tribe who
furnishes information or renders service in the
performance of the official duties of the officer or
employee shall be eligible for a reward payment under
this subsection.
(2) Payments to states or indian tribes.--The Commandant or
the court, as the case may be, may order payment, from a civil
penalty or criminal fine collected under this section, to a
State or Indian tribe providing information or investigative
assistance that leads to payment of the penalty or fine, of an
amount that reflects the level of information or investigative
assistance provided.
(3) Payments divided among states, indian tribes, and
individuals.--In a case in which a State or Indian tribe and an
individual under paragraph (1) are eligible to receive a reward
payment under this subsection, the Commandant or the court
shall divide the amount available for the reward equitably
among those recipients.
(f) Liability in Rem.--A cruise vessel operated in violation of
this Act or any regulation promulgated under this Act--
(1) shall be liable in rem for any civil penalty or
criminal fine imposed under this section; and
(2) may be subject to a proceeding instituted in the United
States district court for any district in which the cruise
vessel may be found.
(g) Compliance Orders.--
(1) In general.--If the Commandant determines that any
person is in violation of section 4 or any regulation
promulgated under this Act, the Commandant shall--
(A) issue an order requiring the person to comply
with the section or requirement; or
(B) bring a civil action in accordance with
subsection (b).
(2) Copies of order, service.--
(A) Corporate orders.--In any case in which an
order under this subsection is issued to a corporation,
a copy of the order shall be served on any appropriate
corporate officer.
(B) Method of service; specifications.--An order
issued under this subsection shall--
(i) be by personal service;
(ii) state with reasonable specificity the
nature of the violation for which the order was
issued; and
(iii) specify a deadline for compliance
that is not later than--
(I) 30 days after the date of
issuance of the order, in the case of a
violation of an interim compliance
schedule or operation and maintenance
requirement; and
(II) such date as the Commandant,
taking into account the seriousness of
the violation and any good faith
efforts to comply with applicable
requirements, determines to be
reasonable, in the case of a violation
of a final deadline.
(h) Civil Actions.--
(1) In general.--The Commandant may commence a civil action
for appropriate relief, including a permanent or temporary
injunction, for any violation for which the Commandant is
authorized to issue a compliance order under this subsection.
(2) Court of jurisdiction.--
(A) In general.--A civil action under this
subsection may be brought in the United States district
court for the district in which the defendant is
located, resides, or is doing business.
(B) Jurisdiction.--A court described in
subparagraph (A) shall have jurisdiction to grant
injunctive relief to address a violation, and require
compliance, by the defendant.
SEC. 10. CITIZEN SUITS.
(a) Authorization.--Except as provided in subsection (c), any
citizen may commence a civil action on his or her own behalf--
(1) against any person (including the United States and any
other governmental instrumentality or agency to the extent
permitted by the eleventh amendment of the Constitution) that
is alleged to be in violation of--
(A) the conditions imposed by section 4;
(B) an effluent limit or management standard under
this Act; or
(C) an order issued by the Administrator or
Commandant with respect to such a condition, effluent
limit, or performance standard; or
(2) against the Administrator or Commandant, in a case in
which there is alleged a failure by the Administrator or
Commandant to perform any nondiscretionary act or duty under
this Act.
(b) Jurisdiction.--The United States district courts shall have
jurisdiction, without regard to the amount in controversy or the
citizenship of the parties--
(1) to enforce a condition, effluent limit, performance
standard, or order described in subsection (a)(1);
(2) to order the Administrator or Commandant to perform a
nondiscretionary act or duty described in subsection (a)(2);
and
(3) to apply any appropriate civil penalties under section
9(b).
(c) Notice.--No action may be commenced under this section--
(1) before the date that is 60 days after the date on which
the plaintiff gives notice of the alleged violation--
(A) to the Administrator or Commandant; and
(B) to any alleged violator of the condition,
limit, standard, or order; or
(2) if the Administrator or Commandant has commenced and is
diligently prosecuting a civil or criminal action on the same
matter in a court of the United States (but in any such action,
a citizen may intervene as a matter of right).
(d) Venue.--
(1) In general.--Any civil action under this section shall
be brought in--
(A) the United States District Court for the
District of Columbia; or
(B) any other United States district court for any
judicial district in which a cruise vessel or the owner
or operator of a cruise vessel are located.
(2) Intervention.--In a civil action under this section,
the Administrator or the Commandant, if not a party, may
intervene as a matter of right.
(3) Procedures.--
(A) Service.--In any case in which a civil action
is brought under this section in a court of the United
States, the plaintiff shall serve a copy of the
complaint on--
(i) the Attorney General;
(ii) the Administrator; and
(iii) the Commandant.
(B) Consent judgments.--No consent judgment shall
be entered in a civil action under this section to
which the United States is not a party before the date
that is 45 days after the date of receipt of a copy of
the proposed consent judgment by--
(i) the Attorney General;
(ii) the Administrator; and
(iii) the Commandant.
(e) Litigation Costs.--
(1) In general.--A court of jurisdiction, in issuing any
final order in any civil action brought in accordance with this
section, may award costs of litigation (including reasonable
attorney's and expert witness fees) to any prevailing or
substantially prevailing party, in any case in which the court
determines that such an award is appropriate.
(2) Security.--In any civil action under this section, the
court of jurisdiction may, if a temporary restraining order or
preliminary injunction is sought, require the filing of a bond
or equivalent security in accordance with the Federal Rules of
Civil Procedure.
(f) Statutory or Common Law Rights not Restricted.--Nothing in this
section restricts the rights of any person (or class of persons) under
any statute or common law to seek enforcement or other relief
(including relief against the Administrator or Commandant).
(g) Civil Action by State Governors.--A Governor of a State may
commence a civil action under subsection (a) of this section, without
regard to the limitation under subsection (c), against the
Administrator or Commandant in any case in which there is alleged a
failure of the Administrator or Commandant to enforce an effluent limit
or performance standard under this Act, the violation of which is
causing--
(1) an adverse effect on the public health or welfare in
the State; or
(2) a violation of any water quality requirement in the
State.
SEC. 11. ALASKAN CRUISE VESSELS.
(a) Definition of Alaskan Cruise Vessel.--In this section, the term
``Alaskan cruise vessel'' means a cruise vessel--
(1) that seasonally operates in water of or surrounding the
State of Alaska;
(2) in which is installed, not later than the date of
enactment of this Act (or, at the option of the Commandant, not
later than September 30 of the fiscal year in which this Act is
enacted), and certified by the State of Alaska for continuous
discharge and operation in accordance with all applicable
Federal and State law (including regulations), an advanced
treatment system for the treatment and discharge of graywater
and sewage; and
(3) that enters a port of the United States.
(b) Applicability.--
(1) In general.--Except as provided in paragraph (2), an
Alaskan cruise vessel shall not be subject to this Act
(including regulations promulgated under this Act) until the
date that is 15 years after the date of enactment of this Act.
(2) Exceptions.--An Alaskan cruise vessel--
(A) shall not be subject to the minimum effluent
limits prescribed under section 5(b) until the date
that is 3 years after the date of enactment of this
Act;
(B) shall not be subject to effluent limits
promulgated under section 5(a) or 5(c) until the date
that is 6 years after the date of enactment of this
Act; and
(C) shall be prohibited from discharging sewage,
graywater, and bilge water in the territorial sea, in
accordance with this Act, as of the date of enactment
of this Act.
SEC. 12. BALLAST WATER.
It is the sense of Congress that action should be taken to enact
legislation requiring strong, mandatory standards for ballast water to
reduce the threat of aquatic invasive species.
SEC. 13. FUNDING.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Commandant and the Administrator such sums as are
necessary to carry out this Act for each of fiscal years 2005 through
2009.
(b) Cruise Vessel Pollution Control Fund.--
(1) Establishment.--There is established in the general
fund of the Treasury a separate account to be known as the
``Cruise Vessel Pollution Control Fund'' (referred to in this
section as the ``Fund'').
(2) Appropriation of amounts.--There are appropriated to
the Fund such amounts as are deposited in the Fund under
subsection (c)(5).
(3) Use of amounts in fund.--The Administrator and the
Commandant may use amounts in the fund, without further
appropriation, to carry out this Act.
(c) Fees on Cruise Vessels.--
(1) In general.--The Commandant shall establish and collect
from each cruise vessel a reasonable and appropriate fee, in an
amount not to exceed $10 for each paying passenger on a cruise
vessel voyage, for use in carrying out this Act.
(2) Adjustment of fee.--
(A) In general.--The Commandant shall biennially
adjust the amount of the fee established under
paragraph (1) to reflect changes in the Consumer Price
Index for All Urban Consumers published by the
Department of Labor during each 2-year period.
(B) Rounding.--The Commandant may round the
adjustment in subparagraph (A) to the nearest 1/10 of a
dollar.
(3) Factors in establishing fees.--
(A) In general.--In establishing fees under
paragraph (1), the Commandant may establish lower
levels of fees and the maximum amount of fees for
certain classes of cruise vessels based on--
(i) size;
(ii) economic share; and
(iii) such other factors as are determined
to be appropriate by the Commandant and
Administrator.
(B) Fee schedules.--Any fee schedule established
under paragraph (1), including the level of fees and
the maximum amount of fees, shall take into account--
(i) cruise vessel routes;
(ii) the frequency of stops at ports of
call by cruise vessels; and
(iii) other relevant considerations.
(4) Collection of fees.--A fee established under paragraph
(1) shall be collected by the Commandant from the owner or
operator of each cruise vessel to which this Act applies.
(5) Deposits to fund.--Notwithstanding any other provision
of law, all fees collected under this subsection, and all
penalties and payments collected for violations of this Act,
shall be deposited into the Fund.
SEC. 14. EFFECT ON OTHER LAW.
(a) United States.--Nothing in this Act restricts, affects, or
amends any other law or the authority of any department,
instrumentality, or agency of the United States.
(b) States and Interstate Agencies.--
(1) In general.--Except as provided in paragraph (2),
nothing in this Act precludes or denies the right of any State
(including a political subdivision of a State) or interstate
agency to adopt or enforce--
(A) any standard or limit relating to the discharge
of pollutants by cruise ships; or
(B) any requirement relating to the control or
abatement of pollution.
(2) Exception.--If an effluent limit, performance standard,
water quality standard, or any other prohibition or limitation
is in effect under Federal law, a State (including a political
subdivision of a State ) or interstate agency described in
paragraph (1) may not adopt or enforce any effluent limit,
performance standard, water quality standard, or any other
prohibition that--
(A) is less stringent than the effluent limit,
performance standard, water quality standard, or other
prohibition or limitation under this Act; or
(B) impairs or in any manner affects any right or
jurisdiction of the State with respect to the waters of
the State.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Sponsor introductory remarks on measure. (CR E507)
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
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