Clean Cruise Ship Act of 2008 - Prohibits cruise vessels calling on U.S. ports from discharging sewage, graywater, or bilge water into U.S. waters unless: (1) the treated effluent meets specified effluent limits and management standards; (2) the vessel is proceeding at not less than six knots; (3) the vessel is not less than 12 nautical miles from shore; and (4) the vessel is not in a no discharge zone. Prohibits the discharge of sewage sludge, incinerator ash, or hazardous waste into U.S. waters and requires it to be off-loaded at appropriate land-based facilities. Prescribes exceptions for: (1) discharges solely to secure the safety of a vessel or to save a life at sea; and (2) Alaskan vessels until 10 years after enactment.
Requires the Administrator of the Environmental Protection Agency (EPA) to promulgate such effluent limits that: (1) are consistent with the capability of the best available technology to treat effluent; (2) require compliance with state and federal water quality standards; (3) take into account the best available scientific information on environmental effects; and (4) require treated discharges to meet specified standards for minimum effluent quality, fecal coliform, and residual chlorine.
Requires the EPA Administrator to implement a sampling and testing program, and requires the Commandant of the Coast Guard to implement an inspection program, sufficient to verify that such vessels are in compliance with this Act, the Federal Water Pollution Control Act, and other applicable federal laws and international agreements.
Requires the Commandant to establish a program for the placement of trained independent observers on vessels to monitor and inspect vessel operations, equipment, and discharges.
Requires the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to carry out a pilot program to develop and promote commercialization of technologies to provide federal agencies data regarding discharges from vessels and functioning of vessel components relating to fuel consumption and air and water pollution control.
Calls for enactment of standards for: (1) ballast water; and (2) air quality regarding incineration and engine activities of vessels.
Establishes the Cruise Vessel Pollution Control Fund. Requires the Commandant to collect fees from vessels for paying passengers to be deposited in such Fund for use in carrying out this Act.
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 6434 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 6434
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
July 8, 2008
Mr. Farr (for himself, Mr. Blumenauer, Mr. Andrews, Mrs. Capps, Ms.
Eshoo, Mr. Thompson of California, Mr. Stark, Mr. Filner, Ms. Lee, Mr.
Baca, Mr. Dicks, Ms. Zoe Lofgren of California, Mrs. Davis of
California, Mr. DeFazio, and Ms. Slaughter) 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.
(a) Short Title.--This Act may be cited as the ``Clean Cruise Ship
Act of 2008''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Prohibitions on the discharge of sewage, graywater, bilge
water, sewage sludge, incinerator ash, and
hazardous waste.
Sec. 5. Effluent limits for discharges of sewage, graywater, and bilge
water.
Sec. 6. Alaskan cruise vessels.
Sec. 7. Inspection and sampling.
Sec. 8. Employee protection.
Sec. 9. Judicial review.
Sec. 10. Enforcement.
Sec. 11. Citizen suits.
Sec. 12. Sense of Congress on ballast water.
Sec. 13. Sense of Congress on air pollution.
Sec. 14. Funding.
Sec. 15. Effect on other law.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Cruise vessels carry millions of people through North
American waters each year, showcase some of the most beautiful
ocean areas in the United States, and provide opportunities for
passengers to relax and enjoy the oceans and marine ecosystems.
(2) A single cruise vessel generates a tremendous amount of
waste each week, including an estimated 140,000 to 210,000
gallons of blackwater (sewage) and 1,000,000 gallons of
graywater (including wastewater from dishwashers, showers,
laundry, baths, and washbasins). Onboard amenities such as
photo-processing, dry-cleaning, and hairdressing also generate
hazardous waste streams.
(3) In its final report, ``An Ocean Blueprint for the 21st
Century'', released in 2004, the United States Commission on
Ocean Policy found that these waste streams and the cumulative
impacts caused when cruise vessels repeatedly visit the same
environmentally sensitive areas, ``if not properly disposed of
and treated, can be a significant source of pathogens and
nutrients with the potential to threaten human health and
damage shellfish beds, coral reefs, and other aquatic life,''
thus threatening the very environments cruise vessel passengers
seek to explore.
(4) The cruise industry has grown by more than 6 percent
annually since 2003 and is projected to continue growing.
Cruise vessel capacity is also expanding dramatically; today
cruise vessels can transport 5,000 passengers and crew members,
but the next generation of cruise vessels is expected to carry
7,000 passengers and crew members. As the total number of
passengers increases and the number of passengers per ship
increases, the volume of waste entering these ocean ecosystems
and the impact of that waste on ocean ecosystems will also
increase.
(5) In a 2005 report requested by the International Council
of Cruise Lines, the Ocean Conservation and Tourism Alliance
(OCTA) Science Panel recommended that ``[a]ll blackwater should
be treated'', that discharging treated blackwater should be
``avoided in ports, close to bathing beaches or water bodies
with restricted circulation, flushing or inflow'', and that
blackwater should not be discharged within 4 nautical miles of
shellfish beds, coral reefs, or other sensitive habitats.
(6) The OCTA Science Panel further recommended that
graywater be treated in the same manner as blackwater and that
sewage sludge be off-loaded to approved land-based facilities.
(7) The United States lacks a comprehensive wastewater
management policy for large passenger vessels, and a new
statutory regime for managing wastewater discharges from large
passenger vessels that applies throughout the United States is
needed to protect coastal and ocean areas from pollution
generated by cruise vessels, to reduce and better regulate
discharges from cruise vessels, and to improve monitoring,
reporting, and enforcement of standards regarding discharges.
(b) Purpose.--The purpose of this Act is to protect the health and
beauty of the marine and coastal ecosystems that cruise passengers
enjoy, by--
(1) prohibiting the discharge of any untreated sewage,
graywater, or bilge water from a cruise vessel calling on a
port of the United States into the waters of the United States;
(2) prohibiting the discharge of any sewage sludge,
incinerator ash, or hazardous waste from a cruise vessel
calling on a port of the United States into the waters of the
United States;
(3) establishing new national effluent limits for the
discharge of treated sewage, treated graywater, and treated
bilge water from cruise vessels not less than 12 miles from
shore in any case in which the discharge is not within an area
in which discharges are prohibited; and
(4) ensuring that cruise vessels calling on ports of the
United States comply with all applicable environmental laws.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Bilge water.--The term ``bilge water'' means waste
water that includes lubrication oils, transmission oils, oil
sludge or slops, fuel or oil sludge, used oil, used fuel or
fuel filters, or oily waste.
(3) Citizen.--The term ``citizen'' means a person that has
an interest that is or may be adversely affected by any
provision of this Act.
(4) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(5) Cruise vessel.--The term ``cruise vessel''--
(A) means a passenger vessel (as defined in section
2101(22) of title 46, United States Code), that--
(i) is authorized to carry at least 250
passengers; and
(ii) has onboard sleeping facilities for
each passenger; and
(B) does not include--
(i) a vessel of the United States operated
by the Federal Government; or
(ii) a vessel owned and operated by the
government of a State.
(6) Discharge.--The term ``discharge''--
(A) means a release, however caused, of bilge
water, graywater, hazardous waste, incinerator ash,
sewage, or sewage sludge from a cruise vessel; and
(B) includes any escape, disposal, spilling,
leaking, pumping, emitting, or emptying of a substance
described in subparagraph (A).
(7) Exclusive economic zone.--The term ``exclusive economic
zone'' has the meaning given that term in section 107 of title
46, United States Code.
(8) Graywater.--The term ``graywater'' means galley,
dishwasher, bath, spa, pool, and laundry waste water.
(9) Great lake.--The term ``Great Lake'' means--
(A) Lake Erie;
(B) Lake Huron (including Lake Saint Clair);
(C) Lake Michigan;
(D) Lake Ontario; or
(E) Lake Superior.
(10) Hazardous waste.--The term ``hazardous waste'' has the
meaning given that term in section 1004 of the Solid Waste
Disposal Act (42 U.S.C. 6903).
(11) Incinerator ash.--The term ``incinerator ash'' means
ash generated during the incineration of solid waste or sewage
sludge.
(12) No discharge zones.--The term ``no discharge zones''
means important ecological areas including marine sanctuaries,
marine protected areas, marine reserves, marine national
monuments, national parks, and national wildlife refuges.
(13) Passenger.--The term ``passenger'' means a paying
passenger.
(14) Person.--The term ``person'' means--
(A) an individual;
(B) a corporation;
(C) a partnership;
(D) a limited liability company;
(E) an association;
(F) a State;
(G) a municipality;
(H) a commission or political subdivision of a
State; or
(I) an Indian tribe.
(15) Sewage.--The term ``sewage'' means--
(A) human body wastes; and
(B) the wastes from toilets and other receptacles
intended to receive or retain human body wastes.
(16) Sewage sludge.--The term ``sewage sludge''--
(A) means any solid, semi-solid, or liquid residue
removed during the treatment of on-board sewage;
(B) includes--
(i) solids removed during primary,
secondary, or advanced waste water treatment;
(ii) scum;
(iii) septage;
(iv) portable toilet pumpings;
(v) type III marine sanitation device
pumpings (as defined in part 159 of title 33,
Code of Federal Regulations); and
(vi) sewage sludge products; and
(C) does not include--
(i) grit or screenings; or
(ii) ash generated during the incineration
of sewage sludge.
(17) Territorial sea.--The term ``territorial sea''--
(A) means the belt of the sea extending 12 nautical
miles from the baseline of the United States determined
in accordance with international law, as set forth in
Presidential Proclamation number 5928, dated December
27, 1988; and
(B) includes the waters lying seaward of the line
of ordinary low water and extending to the baseline of
the United States, as determined under subparagraph
(A).
(18) Waters of the united states.--The term ``waters of the
United States'' means the waters of the territorial sea, the
exclusive economic zone, and the Great Lakes.
SEC. 4. PROHIBITIONS ON THE DISCHARGE OF SEWAGE, GRAYWATER, BILGE
WATER, SEWAGE SLUDGE, INCINERATOR ASH, AND HAZARDOUS
WASTE.
(a) Prohibitions on Discharge of Sewage, Graywater, and Bilge
Water.--Except as provided in subsection (c) or section 6, no cruise
vessel calling on a port of the United States may discharge sewage,
graywater, or bilge water into the waters of the United States,
unless--
(1) the effluent of treated sewage, treated graywater, or
treated bilge water meets all applicable effluent limits
established under this Act and is in accordance with all other
applicable laws;
(2) the cruise vessel is underway and proceeding at a speed
of not less than 6 knots;
(3) the cruise vessel is not less than 12 nautical miles
from shore;
(4) the cruise vessel is not discharging in no discharge
zones; and
(5) the cruise vessel complies with all applicable
management standards established under this Act.
(b) Prohibition on Discharge of Sewage Sludge, Incinerator Ash, and
Hazardous Waste.--No sewage sludge, incinerator ash, or hazardous waste
may be discharged into the waters of the United States. Such sewage
sludge, incinerator ash, and hazardous waste shall be off-loaded at an
appropriate land-based facility.
(c) Safety Exception.--
(1) Scope of exception.--The provisions of subsections (a)
and (b) shall not apply in any case in which--
(A) a discharge is made solely for the purpose of
securing the safety of the cruise vessel or saving a
human life at sea; and
(B) all reasonable precautions have been taken to
prevent or minimize the discharge.
(2) Notification of commandant.--
(A) In general.--If the owner, operator, master, or
other individual in charge of a cruise vessel
authorizes a discharge described in paragraph (1), such
individual shall notify the Commandant of the decision
to authorize the discharge as soon as practicable, but
not later than 24 hours, after authorizing the
discharge.
(B) Report.--Not later than 7 days after the date
on which an individual described in subparagraph (A)
notifies the Commandant of a decision to authorize a
discharge under paragraph (1), the individual shall
submit to the Commandant a report that includes--
(i) the quantity and composition of each
discharge authorized under paragraph (1);
(ii) the reason for authorizing each such
discharge;
(iii) the location of the vessel during the
course of each such discharge; and
(iv) such other supporting information and
data as are requested by the Commandant.
(C) Disclosure of reports.--Upon receiving a report
under subparagraph (B), the Commandant shall--
(i) transmit a copy of the report to the
Administrator; and
(ii) make the report available to the
public.
SEC. 5. EFFLUENT LIMITS FOR DISCHARGES OF SEWAGE, GRAYWATER, AND BILGE
WATER.
(a) Effluent Limits.--
(1) In general.--Not later than 12 months after the date of
the enactment of this Act, the Administrator shall promulgate
effluent limits for sewage, graywater, and bilge water
discharges from cruise vessels calling on ports of the United
States.
(2) Requirements.--The effluent limits shall, at a
minimum--
(A) be consistent with the capability of the best
available technology to treat effluent;
(B) require compliance with all relevant State and
Federal water quality standards; and
(C) take into account the best available scientific
information on the environmental effects of sewage,
graywater, and bilge water discharges, including levels
of nutrients, total and dissolved metals, pathogen
indicators, oils and grease, classical pollutants, and
volatile and semivolatile organics.
(b) Minimum Limits.--The effluent limits promulgated under
subsection (a) shall require, at a minimum, that treated sewage,
treated graywater, and treated bilge water effluent discharges from
cruise vessels, measured at the point of discharge, shall, not later
than the date described in subsection (d), meet the following
standards:
(1) In general.--The discharge shall satisfy the minimum
level of effluent quality specified in section 133.102 of title
40, Code of Federal Regulations (or a successor regulation).
(2) Fecal coliform.--With respect to the samples from the
discharge during any 30-day period--
(A) the geometric mean of the samples shall not
exceed 20 fecal coliform per 100 milliliters; and
(B) not more than 10 percent of the samples shall
exceed 40 fecal coliform per 100 milliliters.
(3) Residual chlorine.--Concentrations of total residual
chlorine in samples shall not exceed 10 milligrams per liter.
(c) Review and Revision of Effluent Limits.--The Administrator
shall--
(1) review the effluent limits promulgated under subsection
(a) at least once every 5 years; and
(2) revise the effluent limits as necessary to incorporate
technology available at the time of the review in accordance
with subsection (a)(2).
(d) Compliance Date.--
(1) In general.--The date described in this subsection is--
(A) with respect to new vessels put into water
after the date of the enactment of this Act, 2 years
after such date of enactment; and
(B) with respect to vessels in use as of such date
of enactment, 5 years after such date of enactment.
(2) New vessel defined.--In this subsection, the term ``new
vessel'' means a vessel the keel of which is laid, or that is
at a similar stage of construction, on or after the date of the
enactment of this Act.
SEC. 6. ALASKAN CRUISE VESSELS.
(a) In General.--An Alaskan cruise vessel shall not be subject to
the provisions of this Act (including regulations promulgated under
this Act) until the date that is 10 years after the date of the
enactment of this Act.
(b) Definition of Alaskan Cruise Vessel.--In this section, the term
``Alaskan cruise vessel'' means a cruise vessel--
(1) while the vessel is operating in waters of the State of
Alaska, as defined in section 159.305 of title 33, Code of
Federal Regulations; and
(2) that complies with all relevant laws and regulations of
the State of Alaska while in transit from a port of call
outside of the State of Alaska to the waters of the State of
Alaska.
SEC. 7. INSPECTION AND SAMPLING.
(a) Development and Implementation of Inspection Program.--
(1) In general.--The Administrator shall promulgate
regulations to implement a sampling and testing program, and
the Commandant shall promulgate regulations to implement an
inspection program, sufficient to verify that cruise vessels
calling on ports of the United States are in compliance with--
(A) this Act (including regulations promulgated
under this Act);
(B) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) (including regulations promulgated
under that Act);
(C) other applicable Federal laws and regulations;
and
(D) all applicable requirements of international
agreements.
(2) Inspections.--The program shall require that--
(A) regular announced and unannounced inspections
be conducted of any relevant aspect of cruise vessel
operations, equipment, or discharges, including
sampling and testing of cruise vessel discharges; and
(B) each cruise vessel that calls on a port of the
United States be subject to an unannounced inspection
at least once per year.
(b) Regulations.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commandant, in consultation with
the Administrator, shall promulgate regulations that, at a
minimum--
(A) require the owner, operator, master, or other
individual in charge of a cruise vessel to maintain and
submit annually a logbook detailing the times, types,
volumes, flow rates, origins, and specific locations
of, and explanations for, any discharges from the
cruise vessel;
(B) provide for routine announced and unannounced
inspections of--
(i) cruise vessel environmental compliance
records and procedures; and
(ii) the functionality and proper operation
of installed equipment for abatement and
control of any cruise vessel discharge,
including equipment intended to treat sewage,
graywater, or bilge water;
(C) require the sampling and testing of cruise
vessel discharges that require the owner, operator,
master, or other individual in charge of a cruise
vessel--
(i) to conduct that sampling or testing at
the point of discharge; and
(ii) to produce any records of the sampling
or testing;
(D) require any owner, operator, master, or other
individual in charge of a cruise vessel who has
knowledge of a discharge from the cruise vessel in
violation of this Act (including regulations
promulgated under this Act) to report immediately the
discharge to the Commandant, who shall provide
notification of the discharge to the Administrator; and
(E) require the owner, operator, master, or other
individual in charge of a cruise vessel to provide to
the Commandant and Administrator a blueprint of each
cruise vessel that includes the location of every
discharge pipe and valve.
(2) Disclosure of logbooks.--Upon receiving a logbook
described in paragraph (1)(A), the Commandant shall--
(A) transmit a copy of the logbook to the
Administrator; and
(B) make the logbook available to the public.
(c) Evidence of Compliance.--
(1) Vessel of the united states.--
(A) In general.--A cruise vessel registered in the
United States to which this Act applies shall have a
certificate of inspection issued by the Commandant.
(B) Issuance of certificate.--The Commandant may
issue a certificate described in subparagraph (A) only
after the cruise vessel has been examined and found to
be in compliance with this Act, including prohibitions
on discharges and requirements for effluent limits, as
determined by the Commandant.
(C) Validity of certificate.--A certificate issued
under this paragraph--
(i) shall be valid for a period of not more
than 5 years, beginning on the date of issuance
of the certificate;
(ii) may be renewed as specified by the
Commandant; and
(iii) shall be suspended or revoked if the
Commandant determines that the cruise vessel
for which the certificate was issued is not in
compliance with the conditions under which the
certificate was issued.
(D) Special certificates.--The Commandant may issue
special certificates to certain vessels that exhibit
compliance with this Act and other best practices, as
determined by the Commandant, after public notice and
comment.
(2) Foreign vessel.--
(A) In general.--A cruise vessel registered in a
country other than the United States to which this Act
applies may operate in the waters of the United States,
or visit a port or place under the jurisdiction of the
United States, only if the cruise vessel has been
issued a certificate of compliance by the Commandant.
(B) Issuance of certificate.--The Commandant may
issue a certificate described in subparagraph (A) to a
cruise vessel only after the cruise vessel has been
examined and found to be in compliance with this Act,
including prohibitions on discharges and requirements
for effluent limits, as determined by the Commandant.
(C) Acceptance of foreign documentation.--The
Commandant may consider a certificate, endorsement, or
document issued by the government of a foreign country
under a treaty, convention, or other international
agreement to which the United States is a party, in
issuing a certificate of compliance under this
paragraph. Such a certificate, endorsement, or document
shall not serve as a proxy for certification of
compliance with this Act.
(D) Validity of certificate.--A certificate issued
under this section--
(i) shall be valid for a period of not more
than 24 months, beginning on the date of
issuance of the certificate;
(ii) may be renewed as specified by the
Commandant; and
(iii) shall be suspended or revoked if the
Commandant determines that the cruise vessel
for which the certificate was issued is not in
compliance with the conditions under which the
certificate was issued.
(d) Cruise Observer Program.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commandant shall establish and
carry out a program for the placement of 1 or more trained
independent observers on each cruise vessel.
(2) Purposes.--The purposes of the cruise observer program
established under paragraph (1) are to monitor and inspect
cruise vessel operations, equipment, and discharges to ensure
compliance with--
(A) this Act (including regulations promulgated
under this Act); and
(B) all other relevant Federal laws, regulations,
and international agreements.
(3) Responsibilities.--An observer described in paragraph
(1) shall--
(A) observe and inspect--
(i) onboard environmental treatment
systems;
(ii) use of shore-based treatment and
storage facilities;
(iii) discharges and discharge practices;
and
(iv) blueprints, logbooks, and other
relevant information, including fuel
consumption and atmospheric emissions;
(B) have the authority to interview and otherwise
query any crew member with knowledge of vessel
operations;
(C) have access to all data and information made
available to government officials under this section;
(D) immediately report any known or suspected
violation of this Act or any other applicable Federal
law or international agreement to--
(i) the Coast Guard; and
(ii) the Environmental Protection Agency;
and
(E) maintain a logbook to be submitted to the
Commandant and the Administrator annually and to be
made available to the public.
(4) Adaptive management.--The program established and
carried out by the Commandant under paragraph (1) shall also
include--
(A) a method for collecting and reviewing data
related to the efficiency and operation of the program;
and
(B) periodic revisions to the program based on the
data collected under subparagraph (A).
(5) Report.--Not later than 3 years after the establishment
of the program described in paragraph (1), the Commandant shall
submit to Congress a report describing--
(A) the results of the program;
(B) recommendations for optimal observer coverage;
and
(C) other recommendations for improvement of the
program.
(e) Onboard Monitoring System Pilot Program.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Administrator of the National
Oceanic and Atmospheric Administration, in consultation with
the Administrator and the Commandant, shall establish, and for
each of fiscal years 2008 through 2013, shall carry out, with
industry partners as necessary, a pilot program to develop and
promote commercialization of technologies to provide real-time
data to Federal agencies regarding--
(A) discharges of sewage, graywater, and bilge
water from cruise vessels; and
(B) functioning of cruise vessel components
relating to fuel consumption and control of air and
water pollution.
(2) Technology requirements.--Technologies developed under
the program described in paragraph (1)--
(A) shall have the ability to record--
(i) the location and time of discharges
from cruise vessels;
(ii) the source, content, and volume of the
discharges; and
(iii) the state of components relating to
pollution control at the time of the
discharges, including whether the components
are operating correctly; and
(B) shall be tested on not less than 10 percent of
all cruise vessels operating in the territorial sea of
the United States, including large and small vessels.
(3) Participation of industry.--
(A) Competitive selection process.--Industry
partners willing to participate in the program may do
so through a competitive selection process conducted by
the Administrator of the National Oceanic and
Atmospheric Administration.
(B) Contribution.--A selected industry partner
shall contribute not less than 20 percent of the cost
of the project in which the industry partner
participates.
(4) Adaptive management.--The program established and
carried out by the Administrator of the National Oceanic and
Atmospheric Administration pursuant to paragraph (1) shall also
include--
(A) a method for collecting and reviewing data
related to the efficiency and operation of the program;
and
(B) periodic revisions to the program based on the
data collected under subparagraph (A).
(5) Report.--Not later than 3 years after the date of the
enactment of this Act, the Administrator of the National
Oceanic and Atmospheric Administration shall submit to Congress
a report describing--
(A) the results of the program;
(B) recommendations for continuing the program; and
(C) other recommendations for improving the
program.
SEC. 8. EMPLOYEE PROTECTION.
(a) Prohibition of Discrimination Against Persons Filing,
Instituting, or Testifying in Proceedings Under This Act.--No person
shall terminate the employment of, or in any other way discriminate
against (or cause the termination of employment of or discrimination
against), any employee or any authorized representative of employees by
reason of the fact that the employee or representative--
(1) has filed, instituted, or caused to be filed or
instituted any proceeding under this Act; or
(2) has testified or is about to testify in any proceeding
resulting from the administration or enforcement of the
provisions of this Act.
(b) Application for Review; Investigation; Hearings; Review.--
(1) In general.--An employee or a representative of an
employee who believes that the termination of the employment of
the employee has occurred, or that the employee has been
discriminated against, as a result of the actions of any person
in violation of subsection (a) may, not later than 30 days
after the date on which the alleged violation occurred, apply
to the Secretary of Labor for a review of the alleged
termination of employment or discrimination.
(2) Application.--A copy of an application for review filed
under paragraph (1) shall be sent to the respondent.
(3) Investigation.--
(A) In general.--On receipt of an application for
review under paragraph (1), the Secretary of Labor
shall carry out an investigation of the alleged
violation.
(B) Requirements.--In carrying out this subsection,
the Secretary of Labor shall--
(i) provide an opportunity for a public
hearing at the request of any party to the
review to enable the parties to present
information relating to the alleged violation;
(ii) ensure that, at least 5 days before
the date of the hearing, each party to the
hearing is provided written notice of the time
and place of the hearing; and
(iii) ensure that the hearing is on the
record and subject to section 554 of title 5,
United States Code.
(C) Findings of secretary.--On completion of an
investigation under this paragraph, the Secretary of
Labor shall--
(i) make findings of fact;
(ii) if the Secretary of Labor determines
that a violation did occur, issue a decision,
incorporating an order and the findings,
requiring the person that committed the
violation to take such action as is necessary
to abate the violation, including the rehiring
or reinstatement, with compensation, of an
employee to the former position of the
employee; and
(iii) if the Secretary of Labor determines
that there was no violation, issue an order
denying the application.
(D) Order.--An order issued by the Secretary of
Labor under subparagraph (C) shall be subject to
judicial review in the same manner as orders and
decisions of the Administrator are subject to judicial
review under this Act.
(c) Costs and Expenses.--In any case in which an order is issued
under this section to abate a violation, at the request of the
applicant, a sum equal to the aggregate amount of all costs and
expenses (including attorneys' fees), as determined by the Secretary of
Labor, to have been reasonably incurred by the applicant for, or in
connection with, the institution and prosecution of the proceedings,
shall be assessed against the person committing the violation.
(d) Deliberate Violations by Employees Acting Without Direction
From Employer or Agent.--This section shall not apply to any employee
who, without direction from the employer of the employee (or agent of
the employer), deliberately violates any provision of this Act.
SEC. 9. JUDICIAL REVIEW.
(a) Review of Actions by Administrator or Commandant; Selection of
Court; Fees.--
(1) Review of actions.--
(A) In general.--Any interested person may petition
for a review, in the United States court of appeals for
the circuit in which the person resides or transacts
business directly affected by the action of which
review is requested--
(i) of an action of the Administrator in
promulgating any effluent limit under section
5; or
(ii) of an action of the Commandant or the
Administrator in carrying out an inspection,
sampling, or testing under section 7.
(B) Deadline for review.--A petition for review
under subparagraph (A) shall be made--
(i) not later than 120 days after the date
of promulgation of the limit or standard with
respect to which the review is sought; or
(ii) if the petition for review is based
solely on grounds that arose after the date
described in clause (i), as soon as practicable
after that date.
(2) Civil and criminal enforcement proceedings.--An action
of the Commandant or Administrator with respect to which review
could have been obtained under paragraph (1) shall not be
subject to judicial review in any civil or criminal proceeding
for enforcement of such action.
(3) Award of fees.--In any judicial proceeding under this
subsection, a court may award costs of litigation (including
reasonable attorneys' and expert witness fees) to any
prevailing or substantially prevailing party in any case in
which the court determines such an award to be appropriate.
(b) Additional Evidence.--
(1) In general.--In any judicial proceeding instituted
under subsection (a) in which review is sought of a
determination under this Act required to be made on the record
after notice and opportunity for hearing, if any party applies
to the court for leave to introduce additional evidence and
demonstrates to the satisfaction of the court that the
additional evidence is material and that there were reasonable
grounds for the failure to introduce the evidence in the
proceeding before the Commandant or Administrator, the court
may order the additional evidence (and evidence in rebuttal of
the additional evidence) to be taken before the Commandant or
Administrator, in such manner and on such terms and conditions
as the court determines to be appropriate.
(2) Modification of findings.--On admission of additional
evidence under paragraph (1), the Commandant or Administrator--
(A) may modify findings of fact of the Commandant
or Administrator, as the case may be, relating to a
judicial proceeding, or make new findings of fact, by
reason of the additional evidence; and
(B) shall file with the return of the additional
evidence any modified or new findings, and any related
recommendations, for the modification or setting aside
of any original determinations of the Commandant or
Administrator.
SEC. 10. ENFORCEMENT.
(a) In General.--Any person that violates a provision of section 4
or any regulation promulgated under this Act may be assessed--
(1) a class I or class II civil penalty described in
subsection (b); or
(2) a civil penalty in a civil action under subsection (c).
(b) Amount of Administrative Penalty.--
(1) Class i.--The amount of a class I civil penalty under
subsection (a)(1) may not exceed--
(A) $10,000 per violation; or
(B) $25,000 in the aggregate, in the case of
multiple violations.
(2) Class ii.--The amount of a class II civil penalty under
subsection (a)(1) may not exceed--
(A) $10,000 per day for each day during which the
violation continues; or
(B) $125,000 in the aggregate, in the case of
multiple violations.
(3) Separate violations.--Each day on which a violation
continues shall constitute a separate violation.
(4) Determination of amount.--In determining the amount of
a civil penalty under subsection (a)(1), the Commandant or the
court, as appropriate, shall consider--
(A) the seriousness of the violation;
(B) any economic benefit resulting from the
violation;
(C) any history of violations;
(D) any good faith efforts to comply with the
applicable requirements;
(E) the economic impact of the penalty on the
violator; and
(F) such other matters as justice may require.
(5) Procedure for class i civil penalty.--
(A) In general.--Before assessing a civil penalty
under this subsection, the Commandant shall provide to
the person to be assessed the penalty--
(i) written notice of the proposal of the
Commandant to assess the penalty; and
(ii) the opportunity to request, not later
than 30 days after the date on which the notice
is received by the person, a hearing on the
proposed penalty.
(B) Hearing.--A hearing described in subparagraph
(A)(ii)--
(i) shall not be subject to section 554 or
556 of title 5, United States Code; but
(ii) shall provide a reasonable opportunity
to be heard and to present evidence.
(6) Procedure for class ii civil penalty.--
(A) In general.--Except as otherwise provided in
this subsection, a class II civil penalty shall be
assessed and collected in the same manner, and subject
to the same provisions, as in the case of civil
penalties assessed and collected after notice and an
opportunity for a hearing on the record in accordance
with section 554 of title 5, United States Code.
(B) Rules.--The Commandant may promulgate rules for
discovery procedures for hearings under this
subsection.
(7) Rights of interested persons.--
(A) Public notice.--Before issuing an order
assessing a class II civil penalty under this
subsection, the Commandant shall provide public notice
of, and reasonable opportunity to comment on, the
proposed issuance of each order.
(B) Presentation of evidence.--
(i) In general.--Any person that comments
on a proposed assessment of a class II civil
penalty under this subsection shall be given
notice of--
(I) any hearing held under this
subsection relating to such assessment;
and
(II) any order assessing the
penalty.
(ii) Hearing.--In any hearing described in
clause (i)(I), a person described in clause (i)
shall have a reasonable opportunity to be heard
and to present evidence.
(C) Rights of interested persons to a hearing.--
(i) In general.--If no hearing is held
under subparagraph (B) before the date of
issuance of an order assessing a class II civil
penalty under this subsection, any person that
commented on the proposed assessment may, not
later than 30 days after the date of issuance
of the order, petition the Commandant--
(I) to set aside the order; and
(II) to provide a hearing on the
penalty.
(ii) New evidence.--If any evidence
presented by a petitioner in support of the
petition under clause (i) is material and was
not considered in the issuance of the order, as
determined by the Commandant, the Commandant
shall immediately--
(I) set aside the order; and
(II) provide a hearing in
accordance with subparagraph (B)(ii).
(iii) Denial of hearing.--If the Commandant
denies a hearing under this subparagraph, the
Commandant shall provide to the petitioner, and
publish in the Federal Register, notice of and
the reasons for the denial.
(8) Finality of order.--
(A) In general.--An order assessing a class II
civil penalty under this subsection shall become final
on the date that is 30 days after the date of issuance
of the order unless, before that date--
(i) a petition for judicial review is filed
under paragraph (10); or
(ii) a hearing is requested under paragraph
(7)(C).
(B) Denial of hearing.--If a hearing is requested
under paragraph (7)(C) and subsequently denied, an
order assessing a class II civil penalty under this
subsection shall become final on the date that is 30
days after the date of the denial.
(9) Effect of action on compliance.--No action by the
Commandant under this subsection shall affect the obligation of
any person to comply with any provision of this Act.
(10) Judicial review.--
(A) In general.--Any person against which a civil
penalty is assessed under this subsection, or that
commented on the proposed assessment of such a penalty
in accordance with paragraph (7), may obtain review of
the assessment in a court described in subparagraph (B)
by--
(i) filing a notice of appeal with the
court within the 30-day period beginning on the
date on which the civil penalty order is
issued; and
(ii) simultaneously sending a copy of the
notice by certified mail to the Commandant and
the Attorney General.
(B) Courts of jurisdiction.--Review of an
assessment under subparagraph (A) may be obtained by a
person--
(i) in the case of assessment of a class I
civil penalty, in--
(I) the United States District
Court for the District of Columbia; or
(II) the district court of the
United States for the district in which
the violation occurred; or
(ii) in the case of assessment of a class
II civil penalty, in--
(I) the United States Court of
Appeals for the District of Columbia
Circuit; or
(II) the United States court of
appeals for any other circuit in which
the person resides or transacts
business.
(C) Copy of record.--On receipt of notice under
subparagraph (A)(ii), the Commandant shall promptly
file with the appropriate court a certified copy of the
record on which the order assessing a civil penalty
that is the subject of the review was issued.
(D) Substantial evidence.--A court with
jurisdiction over a review under this paragraph--
(i) shall not set aside or remand an order
described in subparagraph (C) unless--
(I) there is not substantial
evidence in the record, taken as a
whole, to support the finding of a
violation; or
(II) the assessment by the
Commandant of the civil penalty
constitutes an abuse of discretion; and
(ii) shall not impose additional civil
penalties for the same violation unless the
assessment by the Commandant of the civil
penalty constitutes an abuse of discretion.
(11) Collection.--
(A) In general.--If any person fails to pay an
assessment of a civil penalty after the assessment has
become final, or after a court in a proceeding under
paragraph (10) has entered a final judgment in favor of
the Commandant, the Commandant shall request the
Attorney General to bring a civil action in an
appropriate district court to recover--
(i) the amount assessed; and
(ii) interest that has accrued on the
amount assessed, as calculated at currently
prevailing rates beginning on the date of the
final order or the date of the final judgment,
as the case may be.
(B) Nonreviewability.--In an action to recover an
assessed civil penalty under subparagraph (A), the
validity, amount, and appropriateness of the civil
penalty shall not be subject to judicial review.
(C) Failure to pay penalty.--Any person that fails
to pay, on a timely basis, the amount of an assessment
of a civil penalty under subparagraph (A) shall be
required to pay, in addition to the amount of the civil
penalty and accrued interest--
(i) attorneys' fees and other costs for
collection proceedings; and
(ii) for each quarter during which the
failure to pay persists, a quarterly nonpayment
penalty in an amount equal to 20 percent of the
aggregate amount of the assessed civil
penalties and nonpayment penalties of the
person that are unpaid as of the beginning of
the quarter.
(12) Subpoenas.--
(A) In general.--The Commandant may issue subpoenas
for the attendance and testimony of witnesses and the
production of relevant papers, books, or documents in
connection with hearings under this subsection.
(B) Refusal to obey.--In case of contumacy or
refusal to obey a subpoena issued under this paragraph
and served on any person--
(i) the district court of the United States
for any district in which the person is found,
resides, or transacts business, on application
by the United States and after notice to the
person, shall have jurisdiction to issue an
order requiring the person to appear and give
testimony before the Commandant or to appear
and produce documents before the Commandant;
and
(ii) any failure to obey such an order of
the court may be punished by the court as a
contempt of the court.
(c) Civil Action.--The Commandant may commence, in the district
court of the United States for the district in which the defendant is
located, resides, or transacts business, a civil action to impose a
civil penalty under this subsection in an amount not to exceed $25,000
for each day of violation.
(d) Criminal Penalties.--
(1) Negligent violations.--A person that negligently
violates section 4 or any regulation promulgated under this Act
commits a Class A misdemeanor under title 18, United States
Code.
(2) Knowing violations.--Any person that knowingly violates
section 4 or any regulation promulgated under this Act commits
a Class D felony under title 18, United States Code.
(3) False statements.--Any person that knowingly makes any
false statement, representation, or certification in any
record, report, or other document filed or required to be
maintained under this Act or any regulation promulgated under
this Act, or that falsifies, tampers with, or knowingly renders
inaccurate any testing or monitoring device or method required
to be maintained under this Act or any regulation promulgated
under this Act, commits a Class D felony under title 18, United
States Code.
(e) Rewards.--
(1) Payments to individuals.--
(A) In general.--The Commandant or the court, as
the case may be, may order payment, from a civil
penalty or criminal fine collected under this section,
of an amount not to exceed \1/2\ of the civil penalty
or fine, to any individual who furnishes information
that leads to the payment of the civil penalty or
criminal fine.
(B) Multiple individuals.--If 2 or more individuals
provide information described in subparagraph (A), the
amount available for payment as a reward shall be
divided equitably among the individuals.
(C) Ineligible individuals.--No officer or employee
of the United States, a State, or an Indian tribe who
furnishes information or renders service in the
performance of the official duties of the officer or
employee shall be eligible for a reward payment under
this subsection.
(2) Payments to states or indian tribes.--The Commandant or
the court, as the case may be, may order payment, from a civil
penalty or criminal fine collected under this section, to a
State or Indian tribe providing information or investigative
assistance that leads to payment of the penalty or fine, of an
amount that reflects the level of information or investigative
assistance provided.
(3) Payments divided among states, indian tribes, and
individuals.--In a case in which a State or Indian tribe and an
individual under paragraph (1) are eligible to receive a reward
payment under this subsection, the Commandant or the court
shall divide the amount available for the reward equitably
among those recipients.
(f) Liability in Rem.--A cruise vessel operated in violation of
this Act or any regulation promulgated under this Act--
(1) shall be liable in rem for any civil penalty or
criminal fine imposed under this section; and
(2) may be subject to a proceeding instituted in the
district court of the United States for any district in which
the cruise vessel may be found.
(g) Compliance Orders.--
(1) In general.--If the Commandant determines that any
person is in violation of section 4 or any regulation
promulgated under this Act, the Commandant shall--
(A) issue an order requiring the person to comply
with such section or requirement; or
(B) bring a civil action in accordance with
subsection (c).
(2) Copies of order; service.--
(A) Corporate orders.--In any case in which an
order under this subsection is issued to a corporation,
a copy of the order shall be served on any appropriate
corporate officer.
(B) Method of service; specifications.--An order
issued under this subsection shall--
(i) be by personal service;
(ii) state with reasonable specificity the
nature of the violation for which the order was
issued; and
(iii) specify a deadline for compliance
that is not later than--
(I) 30 days after the date of
issuance of the order, in the case of a
violation of an interim compliance
schedule or operation and maintenance
requirement; or
(II) such date as the Commandant,
taking into account the seriousness of
the violation and any good faith
efforts to comply with applicable
requirements, determines to be
reasonable, in the case of a violation
of a final deadline.
(h) Civil Actions.--
(1) In general.--The Commandant may commence a civil action
for appropriate relief, including a permanent or temporary
injunction, for any violation for which the Commandant is
authorized to issue a compliance order under this subsection.
(2) Court of jurisdiction.--
(A) In general.--A civil action under this
subsection may be brought in the district court of the
United States for the district in which the defendant
is located, resides, or is doing business.
(B) Jurisdiction.--A court described in
subparagraph (A) shall have jurisdiction to grant
injunctive relief to address a violation and require
compliance by the defendant.
SEC. 11. CITIZEN SUITS.
(a) Authorization.--Except as provided in subsection (c), any
citizen may commence a civil action on the citizen's own behalf--
(1) against any person (including the United States and any
other governmental instrumentality or agency to the extent
permitted by the eleventh amendment to the Constitution of the
United States) that is alleged to be in violation of--
(A) the conditions imposed by section 4;
(B) an effluent limit or performance standard under
this Act; or
(C) an order issued by the Administrator or
Commandant with respect to such a condition, an
effluent limit, or a performance standard; or
(2) against the Administrator or Commandant, in a case in
which there is alleged a failure by the Administrator or
Commandant to perform any nondiscretionary act or duty under
this Act.
(b) Jurisdiction.--The district courts of the United States shall
have jurisdiction, without regard to the amount in controversy or the
citizenship of the parties--
(1) to enforce a condition, effluent limit, performance
standard, or order described in subsection (a)(1);
(2) to order the Administrator or Commandant to perform a
nondiscretionary act or duty described in subsection (a)(2);
and
(3) to apply any appropriate civil penalties under section
10(b).
(c) Notice.--No action may be commenced under this section--
(1) before the date that is 60 days after the date on which
the plaintiff gives notice of the alleged violation--
(A) to the Administrator or Commandant; and
(B) to any alleged violator of the condition,
effluent limit, performance standard, or order
described in subsection (a)(1); or
(2) if the Administrator or Commandant has commenced and is
diligently prosecuting a civil or criminal action on the same
matter in a court of the United States (but in any such action,
a citizen may intervene as a matter of right).
(d) Venue.--
(1) In general.--Any civil action under this section shall
be brought in--
(A) the United States District Court for the
District of Columbia; or
(B) any other district court of the United States
for any judicial district in which a cruise vessel or
the owner or operator of a cruise vessel is located.
(2) Intervention.--In a civil action under this section,
the Administrator or the Commandant, if not a party, may
intervene as a matter of right.
(3) Procedures.--
(A) Service.--In any case in which a civil action
is brought under this section in a court of the United
States, the plaintiff shall serve a copy of the
complaint on--
(i) the Attorney General;
(ii) the Administrator; and
(iii) the Commandant.
(B) Consent judgments.--No consent judgment shall
be entered in a civil action under this section to
which the United States is not a party before the date
that is 45 days after the date of receipt of a copy of
the proposed consent judgment by--
(i) the Attorney General;
(ii) the Administrator; and
(iii) the Commandant.
(e) Litigation Costs.--
(1) In general.--A court of jurisdiction, in issuing any
final order in any civil action brought in accordance with this
section, may award costs of litigation (including reasonable
attorneys' and expert witness fees) to any prevailing or
substantially prevailing party, in any case in which the court
determines that such an award is appropriate.
(2) Security.--In any civil action under this section, the
court of jurisdiction may, if a temporary restraining order or
preliminary injunction is sought, require the filing of a bond
or equivalent security in accordance with the Federal Rules of
Civil Procedure.
(f) Statutory or Common Law Rights Not Restricted.--Nothing in this
section restricts the rights of any person (or class of persons) under
any statute or common law to seek enforcement or other relief
(including relief against the Administrator or Commandant).
(g) Civil Action by State Governors.--A Governor of a State may
commence a civil action under subsection (a), without regard to the
limitation under subsection (c), against the Administrator or
Commandant in any case in which there is alleged a failure of the
Administrator or Commandant to enforce an effluent limit or performance
standard under this Act, the violation of which is causing--
(1) an adverse effect on the public health or welfare in
the State; or
(2) a violation of any water quality requirement in the
State.
SEC. 12. SENSE OF CONGRESS ON BALLAST WATER.
It is the sense of Congress that action should be taken to enact
legislation requiring strong, mandatory standards for ballast water to
reduce the threat of aquatic invasive species.
SEC. 13. SENSE OF CONGRESS ON AIR POLLUTION.
It is the sense of Congress that action should be taken to enact
legislation requiring strong, mandatory standards for air quality with
respect to incineration and engine activities of cruise vessels to
reduce the level of harmful chemical and particulate air pollutants.
SEC. 14. FUNDING.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Commandant and the Administrator such sums as are
necessary to carry out this Act for each of fiscal years 2009 through
2013.
(b) Cruise Vessel Pollution Control Fund.--
(1) Establishment.--There is established in the general
fund of the Treasury a separate account to be known as the
``Cruise Vessel Pollution Control Fund'' (referred to in this
section as the ``Fund'').
(2) Amounts.--The Fund shall consist of such amounts as are
deposited in the Fund under subsection (c)(5).
(3) Use of amounts in fund.--The Administrator and the
Commandant may use amounts in the Fund, without further
appropriation, to carry out this Act.
(c) Fees on Cruise Vessels.--
(1) In general.--The Commandant shall establish and collect
from each cruise vessel a reasonable and appropriate fee for
each paying passenger on a cruise vessel voyage, for use in
carrying out this Act.
(2) Adjustment of fee.--
(A) In general.--The Commandant shall biennially
adjust the amount of the fee established under
paragraph (1) to reflect changes in the Consumer Price
Index for All Urban Consumers published by the
Department of Labor during each 2-year period.
(B) Rounding.--The Commandant may round the
adjustment in subparagraph (A) to the nearest \1/10\ of
a dollar.
(3) Factors in establishing fees.--
(A) In general.--In establishing fees under
paragraph (1), the Commandant may establish lower
levels of fees and the maximum amount of fees for
certain classes of cruise vessels based on--
(i) size;
(ii) economic share; and
(iii) such other factors as are determined
to be appropriate by the Commandant and
Administrator.
(B) Fee schedules.--Any fee schedule established
under paragraph (1), including the level of fees and
the maximum amount of fees, shall take into account--
(i) cruise vessel routes;
(ii) the frequency of stops at ports of
call by cruise vessels; and
(iii) other relevant considerations.
(4) Collection of fees.--A fee established under paragraph
(1) shall be collected by the Commandant from the owner or
operator of each cruise vessel to which this Act applies.
(5) Deposits to fund.--Notwithstanding any other provision
of law, all fees collected under this subsection, and all
penalties and payments collected for violations of this Act,
shall be deposited into the Fund.
SEC. 15. EFFECT ON OTHER LAW.
(a) United States.--Nothing in this Act restricts, affects, or
amends any other law or the authority of any department,
instrumentality, or agency of the United States.
(b) States and Interstate Agencies.--
(1) In general.--Except as provided in paragraph (2),
nothing in this Act precludes or denies the right of any State
(including a political subdivision of a State) or interstate
agency to adopt or enforce--
(A) any standard or limit relating to the discharge
of pollutants by cruise vessels; or
(B) any requirement relating to the control or
abatement of pollution.
(2) Exception.--If an effluent limit, performance standard,
water quality standard, or any other prohibition or limitation
is in effect under Federal law, a State (including a political
subdivision of a State) or interstate agency may not adopt or
enforce any effluent limit, performance standard, water quality
standard, or any other prohibition that--
(A) is less stringent than the effluent limit,
performance standard, water quality standard, or other
prohibition or limitation under this Act; or
(B) impairs or in any manner affects any right or
jurisdiction of the State with respect to the waters of
the State.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Sponsor introductory remarks on measure. (CR E1414-1415)
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
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