[Congressional Record Volume 159, Number 107 (Wednesday, July 24, 2013)]
[Senate]
[Pages S5912-S5916]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN:
  S. 1359. A bill to amend the Federal Water Pollution Control Act to 
establish national standards for discharges from cruise vessels; to the 
Committee on Commerce, Science, and Transportation.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1359

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Clean Cruise Ship Act of 
     2013''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) cruise ships carry millions of passengers through North 
     American waters each year, showcase some of the most 
     beautiful ocean and coastal environments in the United 
     States, and provide opportunities for passengers to relax and 
     enjoy oceans and marine ecosystems;
       (2) the natural beauty and health of the ocean and coastal 
     environment is what draws passengers to travel along these 
     waterways by ship;
       (3) protecting the natural environment is beneficial to 
     both the environment and to the cruise industry;
       (4) the number of cruise passengers continues to grow, 
     making the cruise industry 1 of the fastest growing tourism 
     sectors in the world;
       (5) in 2010, more than 10,000,000 passengers departed from 
     North America on thousands of cruise ships;
       (6) as of 2010, the average annual growth rate of cruise 
     passengers is 7.5 percent;
       (7) during the 2 decades preceding the date of enactment of 
     this Act, the average cruise ship size has increased at a 
     rate of approximately 90 feet every 5 years;
       (8) an average-sized cruise vessel generates millions of 
     gallons of liquid waste and many tons of solid waste;
       (9) in just 1 week, a 3000-passenger cruise ship generates 
     approximately 200,000 gallons of human sewage, more than 
     1,000,000 gallons of water from showers and sinks and 
     dishwashing water (commonly known as ``graywater''), more 
     than 8 tons of solid waste, and toxic wastes from dry 
     cleaning and photo-processing laboratories;
       (10) in an Environmental Protection Agency survey of 29 
     ships traveling in Alaskan waters, reported sewage generation 
     rates ranged from 1,000 to 74,000 gallons per day per vessel, 
     with the average volume of sewage generated being 21,000 
     gallons per day per vessel;
       (11) those frequently untreated cruise ship discharges 
     deliver nutrients, hazardous substances, pharmaceuticals, and 
     human pathogens, including viruses and bacteria, directly 
     into the marine environment;
       (12) in the final report of the United States Commission on 
     Ocean Policy, that Commission found that cruise ship 
     discharges, if not treated and disposed of properly, and the 
     cumulative impacts caused when cruise ships repeatedly visit 
     the same environmentally sensitive areas, ``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'';
       (13) pollution from cruise ships not only has the potential 
     to threaten marine life and human health through consumption 
     of contaminated seafood, but also poses a health risk for 
     recreational swimmers, surfers, and other beachgoers;
       (14) according to the Environmental Protection Agency, 
     ``Sewage may host many pathogens of concern to human health, 
     including Salmonella, Shigella, Hepatitis A and E, and 
     gastro-intestinal viruses. Sewage contamination in swimming 
     areas and shellfish beds poses potential risks to human 
     health and the environment by increasing the rate of 
     waterborne illnesses'';
       (15) the nutrient pollution from human sewage discharges 
     from cruise ships can contribute to the incidence of harmful 
     algal blooms;
       (16) algal blooms have been implicated in the deaths of 
     marine life, including the deaths of more than 150 manatees 
     off the coast of Florida;
       (17) in a 2005 report requested by the International 
     Council of Cruise Lines, the Science Panel of the Ocean 
     Conservation and Tourism Alliance recommended that--
       (A) ``[a]ll blackwater should be treated'';
       (B) treated blackwater should be ``avoided in ports, close 
     to bathing beaches or water bodies with restricted 
     circulation, flushing or inflow''; and
       (C) blackwater should not be discharged within 4 nautical 
     miles of shellfish beds, coral reefs, or other sensitive 
     habitats;
       (18) that 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;
       (19) in a summary of recommendations for addressing 
     unabated point sources of pollution, the Pew Oceans 
     Commission states that, ``Congress should enact legislation 
     that regulates wastewater discharges from cruise ships under 
     the Clean Water Act by establishing uniform minimum standards 
     for discharges in all State waters and prohibiting discharges 
     within the U.S. Exclusive Economic Zone that do not meet 
     effluent standards.''; and
       (20) a comprehensive statutory regime for managing 
     pollution discharges from cruise vessels, applicable 
     throughout the United States, is needed--
       (A) to protect coastal and ocean areas from pollution 
     generated by cruise vessels;
       (B) to reduce and better regulate discharges from cruise 
     vessels; and

[[Page S5913]]

       (C) to improve monitoring, reporting, and enforcement of 
     standards regarding discharges.
       (b) Purpose.--The purpose of this Act is to amend the 
     Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) 
     to establish national standards and prohibitions for 
     discharges from cruise vessels.

     SEC. 3. CRUISE VESSEL DISCHARGES.

       Section 402 of the Federal Water Pollution Control Act (33 
     U.S.C. 1342) is amended by adding at the end the following:
       ``(s) Cruise Vessel Discharges.--
       ``(1) Definitions.--In this subsection:
       ``(A) Bilge water.--
       ``(i) In general.--The term `bilge water' means wastewater.
       ``(ii) Inclusions.--The term `bilge water' includes 
     lubrication oils, transmission oils, oil sludge or slops, 
     fuel or oil sludge, used oil, used fuel or fuel filters, and 
     oily waste.
       ``(B) Commandant.--The term `Commandant' means the 
     Commandant of the Coast Guard.
       ``(C) Cruise vessel.--
       ``(i) In general.--The term `cruise vessel' means a 
     passenger vessel that--

       ``(I) is authorized to carry at least 250 passengers; and
       ``(II) has onboard sleeping facilities for each passenger.

       ``(ii) Exclusions.--The term `cruise vessel' does not 
     include--

       ``(I) a vessel of the United States operated by the Federal 
     Government;
       ``(II) a vessel owned and operated by the government of a 
     State; or
       ``(III) a vessel owned by a local government.

       ``(D) Discharge.--The term `discharge' means the release, 
     escape, disposal, spilling, leaking, pumping, emitting, or 
     emptying of bilge water, graywater, hazardous waste, 
     incinerator ash, sewage, sewage sludge, trash, or garbage 
     from a cruise vessel into the environment, however caused, 
     other than--
       ``(i) at an approved shoreside reception facility, if 
     applicable; and
       ``(ii) in compliance with all applicable Federal, State, 
     and local laws (including regulations).
       ``(E) Exclusive economic zone.--The term `exclusive 
     economic zone' has the meaning given the term in section 2101 
     of title 46, United States Code (as in effect on the day 
     before the date of enactment of Public Law 109-304 (120 Stat. 
     1485)).
       ``(F) Fund.--The term `Fund' means the Cruise Vessel 
     Pollution Control Fund established by paragraph (11)(A)(i).
       ``(G) Garbage.--The term `garbage' means solid waste from 
     food preparation, service and disposal activities, even if 
     shredded, ground, processed, or treated to comply with other 
     requirements.
       ``(H) Graywater.--
       ``(i) In general.--The term `graywater' means galley water, 
     dishwasher, and bath, shower, and washbasin water.
       ``(ii) Inclusions.--The term `graywater' includes, to the 
     extent not already covered under provisions of law relating 
     to hazardous waste--

       ``(I) spa, pool, and laundry wastewater;
       ``(II) wastes from soot tanker or economizer cleaning;
       ``(III) wastes from photo processing;
       ``(IV) wastes from vessel interior surface cleaning; and
       ``(V) miscellaneous equipment and process wastewater.

       ``(I) Hazardous waste.--The term `hazardous waste' has the 
     meaning given the term in section 6903 of the Solid Waste 
     Disposal Act (42 U.S.C. 6903).
       ``(J) Incinerator ash.--The term `incinerator ash' means 
     ash generated during the incineration of solid waste or 
     sewage sludge.
       ``(K) New vessel.--The term `new vessel' means a vessel, 
     the construction of which is initiated after promulgation of 
     standards and regulations under this subsection.
       ``(L) No-discharge zone.--
       ``(i) In general.--The term `no-discharge zone' means an 
     area of ecological importance, whether designated by Federal, 
     State, or local authorities.
       ``(ii) Inclusions.--The term `no-discharge zone' includes--

       ``(I) a marine sanctuary;
       ``(II) a marine protected area;
       ``(III) a marine reserve; and
       ``(IV) a marine national monument.

       ``(M) Passenger.--The term `passenger' means any person 
     (including a paying passenger and any staff member, such as a 
     crew member, captain, or officer) traveling on board a cruise 
     vessel.
       ``(N) Sewage.--The term `sewage' means--
       ``(i) human and animal body wastes; and
       ``(ii) wastes from toilets and other receptacles intended 
     to receive or retain human and animal body wastes.
       ``(O) Sewage sludge.--
       ``(i) In general.--The term `sewage sludge' means any 
     solid, semi-solid, or liquid residue removed during the 
     treatment of on-board sewage.
       ``(ii) Inclusions.--The term `sewage sludge' includes--

       ``(I) solids removed during primary, secondary, or advanced 
     wastewater 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 
     (or a successor regulation)); and
       ``(VI) sewage sludge products.

       ``(iii) Exclusions.--The term `sewage sludge' does not 
     include--

       ``(I) grit or screenings; or
       ``(II) ash generated during the incineration of sewage 
     sludge.

       ``(P) Trash.--The term `trash' means solid waste from 
     vessel operations and passenger services, even if shredded, 
     ground, processed, or treated to comply with other 
     regulations.
       ``(2) Prohibitions.--
       ``(A) Prohibition on discharge of sewage sludge, 
     incinerator ash, and hazardous waste.--
       ``(i) In general.--Except as provided by subparagraph (C), 
     no cruise vessel departing from, or calling on, a port of the 
     United States may discharge sewage sludge, incinerator ash, 
     or hazardous waste into navigable waters, including the 
     contiguous zone and the exclusive economic zone.
       ``(ii) Off-loading.--Sewage sludge, incinerator ash, and 
     hazardous waste described in clause (i) shall be off-loaded 
     at an appropriate land-based facility.
       ``(B) Prohibition on discharge of sewage, graywater, and 
     bilge water.--
       ``(i) In general.--Except as provided by subparagraph (C), 
     no cruise vessel departing from or calling on, a port of the 
     United States may discharge sewage, graywater, or bilge water 
     into navigable waters, including the contiguous zone and the 
     exclusive economic zone, unless--

       ``(I) the sewage, graywater, or bilge water is treated to 
     meet all applicable effluent limits established under this 
     section and is in accordance with all other applicable laws;
       ``(II) the cruise vessel is underway and proceeding at a 
     speed of not less than 6 knots;
       ``(III) the cruise vessel is more than 12 nautical miles 
     from shore; and
       ``(IV) the cruise vessel complies with all applicable 
     standards established under this Act.

       ``(ii) No-discharge zones.--Notwithstanding any other 
     provision of this paragraph, no cruise vessel departing from, 
     or calling on, a port of the United States may discharge 
     treated or untreated sewage, graywater, or bilge water into a 
     no-discharge zone.
       ``(C) Safety exception.--
       ``(i) Scope of exception.--Subparagraphs (A) and (B) shall 
     not apply in any case in which--

       ``(I) a discharge is made solely for the purpose of 
     securing the safety of the cruise vessel or saving human life 
     at sea; and
       ``(II) all reasonable precautions have been taken to 
     prevent or minimize the discharge.

       ``(ii) Notification.--

       ``(I) In general.--If the owner, operator, master, or other 
     person in charge of a cruise vessel authorizes a discharge 
     described in clause (i), the person shall notify the 
     Administrator and the Commandant of the decision to authorize 
     the discharge as soon as practicable, but not later than 24 
     hours, after authorizing the discharge.
       ``(II) Report.--Not later than 7 days after the date on 
     which a discharge described in clause (i) occurs, the owner, 
     operator, master, or other person in charge of a cruise 
     vessel, shall submit to the Administrator and the Commandant 
     a report that describes--

       ``(aa) the quantity and composition of each discharge 
     authorized under clause (i);
       ``(bb) the reason for authorizing each such discharge;
       ``(cc) the location of the vessel during the course of each 
     such discharge; and
       ``(dd) such other supporting information and data as are 
     requested by the Commandant or the Administrator.

       ``(III) Disclosure of reports.--Upon receiving a report 
     under subclause (II), the Administrator shall make the report 
     available to the public.

       ``(3) Effluent limits.--
       ``(A) Effluent limits for discharges of sewage, graywater, 
     and bilge water.--
       ``(i) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Administrator shall 
     promulgate effluent limits for sewage, graywater, and bilge 
     water discharges from cruise vessels.
       ``(ii) Requirements.--The effluent limits shall--

       ``(I) be consistent with the capability of the best 
     available technology to treat effluent;
       ``(II) take into account the best available scientific 
     information on the environmental effects of sewage, 
     graywater, and bilge water discharges, including 
     conventional, nontoxic, and toxic pollutants and petroleum;
       ``(III) take into account marine life and ecosystems, 
     including coral reefs, shell fish beds, endangered species, 
     marine mammals, seabirds, and marine ecosystems;
       ``(IV) take into account conditions that will affect marine 
     life, ecosystems, and human health, including seamounts, 
     continental shelves, oceanic fronts, warm core and cold core 
     rings, and ocean currents; and
       ``(V) require compliance with all relevant Federal and 
     State water quality standards.

       ``(iii) Minimum limits.--The effluent limits promulgated 
     under clause (i) 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 
     subparagraph (C)--

       ``(I) satisfy the minimum level of effluent quality 
     specified in section 133.102 of title 40, Code of Federal 
     Regulations (or a successor regulation); and
       ``(II) with respect to the samples from the discharge 
     during any 30-day period--

       ``(aa) have a geometric mean that does not exceed 20 fecal 
     coliform per 100 milliliters;

[[Page S5914]]

       ``(bb) not exceed 40 fecal coliform per 100 milliliters in 
     more than 10 percent of the samples; and
       ``(cc) with respect to concentrations of total residual 
     chlorine, not exceed 10 milligrams per liter.
       ``(B) Review and revision of effluent limits.--The 
     Administrator shall--
       ``(i) review the effluent limits promulgated under 
     subparagraph (A) at least once every 5 years; and
       ``(ii) revise the effluent limits to incorporate technology 
     available at the time of the review in accordance with 
     subparagraph (A)(Ii).
       ``(C) Compliance date.--The Administrator shall require 
     compliance with the effluent limits promulgated pursuant to 
     subparagraph (A)--
       ``(i) with respect to new vessels put into water after the 
     date of enactment of this subsection, as of the date that is 
     180 days after the date of promulgation of the effluent 
     limits; and
       ``(ii) with respect to vessels in use as of that date of 
     enactment, as of the date that is 1 year after the date of 
     promulgation of the effluent limits.
       ``(D) Sampling, monitoring, and reporting.--
       ``(i) In general.--The Administrator shall require 
     sampling, monitoring, and reporting to ensure compliance 
     with--

       ``(I) the effluent limitations promulgated under 
     subparagraph (A);
       ``(II) all other applicable provisions of this Act;
       ``(III) any regulations promulgated under this Act;
       ``(IV) other applicable Federal laws (including 
     regulations); and
       ``(V) all applicable international treaty requirements.

       ``(ii) Responsibilities of persons in charge of cruise 
     vessels.--The owner, operator, master, or other person in 
     charge of a cruise vessel, shall at a minimum--

       ``(I) conduct sampling or testing at the point of discharge 
     on a monthly basis, or more frequently, as determined by the 
     Administrator;
       ``(II) provide real-time data to the Administrator, using 
     telemetric or other similar technology, for reporting 
     relating to--

       ``(aa) discharges of sewage, graywater, and bilge water 
     from cruise vessels;
       ``(bb) pollutants emitted in sewage, graywater, and bilge 
     water from cruise vessels; and
       ``(cc) functioning of cruise vessel components relating to 
     fuel consumption and control of air and water pollution;

       ``(III) ensure, to the maximum extent practicable, that 
     technologies providing real-time data have the ability to 
     record--

       ``(aa) the location and time of discharges from cruise 
     vessels;
       ``(bb) the source, content, and volume of the discharges; 
     and
       ``(cc) the operational state of components relating to 
     pollution control technology at the time of the discharges, 
     including whether the components are operating correctly;

       ``(IV) establish chains of custody, analysis protocols, and 
     other specific information necessary to ensure that the 
     sampling, testing, and records of that sampling and testing 
     are reliable; and
       ``(V) maintain, and provide on a monthly basis to the 
     Administrator, electronic copies of required sampling and 
     testing data.

       ``(iii) Reporting requirements.--The Administrator shall 
     require the compilation and production, and not later than 1 
     year after the date of enactment of this subsection and 
     biennially thereafter, the provision to the Administrator and 
     the Commandant in electronic format, of documentation for 
     each cruise vessel that includes, at a minimum--

       ``(I) a detailed description of onboard waste treatment 
     mechanisms in use by the cruise vessel, including the 
     manufacturer of the waste treatment technology on board;
       ``(II) a detailed description of onboard sludge management 
     practices of the cruise vessel;
       ``(III) copies of applicable hazardous materials forms;
       ``(IV) a characterization of the nature, type, and 
     composition of discharges by the cruise vessel;
       ``(V) a determination of the volumes of those discharges, 
     including average volumes; and
       ``(VI) the locations, including the more common locations, 
     of those discharges.

       ``(iv) Shoreside disposal.--The Administrator shall require 
     documentation of shoreside disposal at approved facilities 
     for all wastes by, at a minimum--

       ``(I) establishing standardized forms for the receipt of 
     those wastes;
       ``(II) requiring those receipts to be sent electronically 
     to the Administrator and Commandant and maintained in an 
     onboard record book; and
       ``(III) requiring those receipts to be signed and dated by 
     the owner, operator, master, or other person in charge of the 
     discharging vessel and the authorized representative of the 
     receiving facility.

       ``(v) Regulations.--Not later than 18 months after the date 
     of enactment of this subsection, the Administrator, in 
     consultation with the Commandant, shall promulgate 
     regulations that, at a minimum, implement the sampling, 
     monitoring, and reporting protocols required by this 
     subparagraph.
       ``(4) Inspection program.--
       ``(A) In general.--The Administrator shall establish an 
     inspection program to require that--
       ``(i) 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;
       ``(ii) each cruise vessel that calls on a port of the 
     United States be subject to an unannounced inspection at 
     least once per year; and
       ``(iii) inspections be carried out by the Environmental 
     Protection Agency or the Coast Guard.
       ``(B) Coast guard inspections.--If the Administrator and 
     the Commandant jointly agree that some or all inspections are 
     to be carried out by the Coast Guard, the inspections shall--
       ``(i) occur outside the Coast Guard matrix system for 
     setting boarding priorities;
       ``(ii) be consistent across Coast Guard districts; and
       ``(iii) be conducted by specially-trained environmental 
     inspectors.
       ``(C) Regulations.--Not later than 18 months after the date 
     of enactment of this subsection, the Administrator, in 
     consultation with the Commandant, shall promulgate 
     regulations that, at a minimum--
       ``(i) designate responsibility for conducting inspections;
       ``(ii) require the owner, operator, master, or other person 
     in charge of a cruise vessel to maintain and submit a logbook 
     detailing the times, types, volumes, flow rates, origins, and 
     specific locations of, and explanations for, any discharges 
     from the cruise vessel not otherwise required by the 
     International Convention for the Prevention of Pollution from 
     Ships, 1973 (done at London on November 2, 1973; entered into 
     force on October 2, 1983), as modified by the Protocol of 
     1978 relating to the International Convention for the 
     Prevention of Pollution from Ships, 1973 (done at London, 
     February 17, 1978);
       ``(iii) provide for routine announced and unannounced 
     inspections of--

       ``(I) cruise vessel environmental compliance records and 
     procedures; and
       ``(II) the functionality, sufficiency, redundancy, and 
     proper operation and maintenance of installed equipment for 
     abatement and control of any cruise vessel discharge 
     (including equipment intended to treat sewage, graywater, or 
     bilge water);

       ``(iv) ensure that--

       ``(I) all crew members are informed of, in the native 
     language of the crew members, and understand, the pollution 
     control obligations under this subsection, including 
     regulations promulgated under this subsection; and
       ``(II) applicable crew members are sufficiently trained and 
     competent to comply with requirements under this subsection, 
     including sufficient training and competence--

       ``(aa) to effectively operate shipboard pollution control 
     systems;
       ``(bb) to conduct all necessary sampling and testing; and
       ``(cc) to monitor and comply with recording requirements;
       ``(v) require that operating manuals be on the cruise 
     vessel and accessible to all crew members;
       ``(vi) require the posting of the phone number for a toll-
     free whistleblower hotline on all ships and at all ports 
     using language likely to be understood by international 
     crews;
       ``(vii) require any owner, operator, master, or other 
     person in charge of a cruise vessel, who has knowledge of a 
     discharge from the cruise vessel in violation of this 
     subsection, including regulations promulgated under this 
     subsection, to report immediately the discharge to the 
     Administrator and the Commandant;
       ``(viii) require the owner, operator, master, or other 
     person in charge of a cruise vessel to provide, not later 
     than 1 year after the date of enactment of this subsection, 
     to the Administrator, Commandant, and on-board observers 
     (including designated representatives), a copy of cruise 
     vessel plans, including--

       ``(I) piping schematic diagrams;
       ``(II) construction drawings; and
       ``(III) drawings or diagrams of storage systems, 
     processing, treating, intake, or discharge systems, and any 
     modifications of those systems (within the year during which 
     the modifications are made); and

       ``(ix) inhibit illegal discharges by prohibiting all means 
     of altering piping, tankage, pumps, valves, and processes to 
     bypass or circumvent measures or equipment designed to 
     monitor, sample, or prevent discharges.
       ``(D) Disclosure of logbooks.--The logbook described in 
     subparagraph (C)(ii) shall be submitted to the Administrator 
     and the Commandant.
       ``(5) Cruise observer program.--
       ``(A) In general.--Not later than 18 months after the date 
     of enactment of this subsection, the Commandant, in 
     consultation with the Administrator, shall establish and 
     carry out a program for the hiring and placement of 1 or more 
     trained, independent, observers on each cruise vessel.
       ``(B) Purpose.--The purpose of the cruise observer program 
     established under subparagraph (A) is to monitor and inspect 
     cruise vessel operations, equipment, and discharges to ensure 
     compliance with--
       ``(i) this subsection (including regulations promulgated 
     under this subsection); and
       ``(ii) all other relevant Federal and State laws and 
     international agreements.
       ``(C) Regulations.--Not later than 18 months after the date 
     of enactment of this

[[Page S5915]]

     subsection, the Commandant, in consultation with the 
     Administrator and the Attorney General, shall promulgate 
     regulations that, at a minimum--
       ``(i) specify that the Coast Guard shall be responsible for 
     the hiring of observers;
       ``(ii) specify the qualifications, experience, and duties 
     of the observers;
       ``(iii) specify methods and criteria for Coast Guard hiring 
     of observers;
       ``(iv) establish the means for ensuring constant observer 
     coverage and allowing for observer relief and rotation; and
       ``(v) establish an appropriate rate of pay to ensure that 
     observers are highly trained and retained by the Coast Guard.
       ``(D) Responsibilities.--Cruise observers participating in 
     the program established under subparagraph (A) shall --
       ``(i) observe and inspect--

       ``(I) onboard liquid and solid handling and processing 
     systems;
       ``(II) onboard environmental treatment systems;
       ``(III) use of shore-based treatment and storage 
     facilities;
       ``(IV) discharges and discharge practices; and
       ``(V) documents relating to environmental compliance, 
     including--

       ``(aa) sounding boards, logs, and logbooks;
       ``(bb) daily and corporate maintenance and engineers' 
     logbooks;
       ``(cc) fuel, sludge, slop, waste, and ballast tank capacity 
     tables;
       ``(dd) installation, maintenance, and operation records for 
     oily water separators, incinerators, and boilers;
       ``(ee) piping diagrams;
       ``(ff) e-mail archives;
       ``(gg) receipts for the transfer of materials, including 
     waste disposal;
       ``(hh) air emissions data; and
       ``(ii) electronic and other records of relevant 
     information, including fuel consumption, maintenance, and 
     spares ordering for all waste processing- and pollution-
     related equipment;
       ``(ii) have the authority to interview and otherwise query 
     any crew member with knowledge of cruise vessel operations;
       ``(iii) have access to all data and information made 
     available to government officials under this subsection;
       ``(iv) immediately report any known or suspected violation 
     of this subsection or any other applicable Federal law or 
     international agreement to--

       ``(I) the owner, operator, master, or other person in 
     charge of a cruise vessel;
       ``(II) the Commandant; and
       ``(III) the Administrator;

       ``(v) maintain inspection records to be submitted to the 
     Commandant and the Administrator on a semiannual basis; and
       ``(vi) have authority to conduct the full range of duties 
     of the observers within the United States territorial seas, 
     contiguous zone, and exclusive economic zone.
       ``(E) Program evaluation.--The cruise observer program 
     established and carried out by the Commandant under 
     subparagraph (A) shall include--
       ``(i) a method for collecting and reviewing data relating 
     to the efficiency, sufficiency, and operation of the cruise 
     observer program, including--

       ``(I) the ability to achieve program goals;
       ``(II) cruise vessel personnel cooperation;
       ``(III) necessary equipment and analytical resources; and
       ``(IV) the need for additional observer training; and

       ``(ii) a process for adopting periodic revisions to the 
     program based on the data collected under clause (i).
       ``(F) Observer support.--Not later than 18 months after the 
     date of enactment of this subsection, the Commandant, in 
     consultation with the Administrator, shall implement a 
     program to provide support to observers, including, at a 
     minimum--
       ``(i) training for observers to ensure the ability of the 
     observers to carry out this paragraph;
       ``(ii) necessary equipment and analytical resources, such 
     as laboratories, to carry out the responsibilities 
     established under this subsection; and
       ``(iii) support relating to the administration of the 
     program and the response to any recalcitrant cruise vessel 
     personnel.
       ``(G) Report.--Not later than 3 years after the date of 
     establishment of the program under this paragraph, the 
     Commandant, in consultation with the Administrator, shall 
     submit to Congress a report describing--
       ``(i) the results of the program in terms of observer 
     effectiveness, optimal coverage, environmental benefits, and 
     cruise ship cooperation;
       ``(ii) recommendations for increased effectiveness, 
     including increased training needs and increased equipment 
     needs; and
       ``(iii) other recommendations for improvement of the 
     program.
       ``(6) Rewards.--
       ``(A) Payments to individuals.--
       ``(i) In general.--The Administrator or a court of 
     competent jurisdiction, as the case may be, may order 
     payment, from a civil penalty or criminal fine collected for 
     a violation of this subsection, of an amount not to exceed 
     \1/2\ of the amount of the civil penalty or criminal fine, to 
     any individual who furnishes information that leads to the 
     payment of the civil penalty or criminal fine.
       ``(ii) Multiple individuals.--If 2 or more individuals 
     provide information described in clause (i), the amount 
     available for payment as a reward shall be divided equitably 
     among the individuals.
       ``(iii) 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 paragraph.
       ``(B) Payments to indian tribes.--The Administrator or a 
     court of competent jurisdiction, as the case may be, may 
     order payment, from a civil penalty or criminal fine 
     collected for a violation of this subsection, to an 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.
       ``(C) Payments divided among indian tribes and 
     individuals.--In a case in which an Indian tribe and an 
     individual under subparagraph (A) are eligible to receive a 
     reward payment under this paragraph, the Administrator or the 
     court shall divide the amount available for the reward 
     equitably among those recipients.
       ``(7) Liability in rem.--A cruise vessel operated in 
     violation of this subsection or any regulation promulgated 
     under this subsection--
       ``(A) shall be liable in rem for any civil penalty or 
     criminal fine imposed for the violation; and
       ``(B) may be subject to a proceeding instituted in any 
     United States district court of competent jurisdiction.
       ``(8) Permit requirement.--A cruise vessel 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 permit under this section.
       ``(9) Nonapplicability of certain provisions.--Paragraphs 
     (6)(A) and (12)(B) of section 502 shall not apply to any 
     cruise vessel.
       ``(10) Statutory or common law rights not restricted.--
     Nothing in this subsection--
       ``(A) restricts the rights of any person (or class of 
     persons) to regulate or seek enforcement or other relief 
     (including relief against the Administrator or Commandant) 
     under any statute or common law;
       ``(B) affects the right of any person (or class of persons) 
     to regulate or seek enforcement or other relief with regard 
     to vessels other than cruise vessels under any statute or 
     common law; or
       ``(C) affects the right of any person (or class of persons) 
     under any statute or common law, including this Act, to 
     regulate or seek enforcement or other relief with regard to 
     pollutants or emission streams from cruise vessels that are 
     not otherwise regulated under this subsection.
       ``(11) Establishment of fund; fees.--
       ``(A) Cruise vessel pollution control fund.--
       ``(i) 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 
     paragraph as the `Fund').
       ``(ii) Amounts.--The Fund shall consist of such amounts as 
     are deposited in the Fund under subparagraph (B)(vi).
       ``(iii) Availability and use of amounts in fund.--Amounts 
     in the Fund shall be--

       ``(I) available to the Administrator and the Commandant as 
     provided in appropriations Acts; and
       ``(II) used by the Administrator and the Commandant only 
     for purposes of carrying out this subsection.

       ``(B) Fees on cruise vessels.--
       ``(i) In general.--The Commandant and the Administrator 
     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 
     subsection.
       ``(ii) Adjustment of fee.--

       ``(I) In general.--The Commandant and the Administrator 
     shall biennially adjust the amount of the fee established 
     under clause (i) to reflect changes in the Consumer Price 
     Index for All Urban Consumers published by the Department of 
     Labor during the most recent 2-year period for which data are 
     available.
       ``(II) Rounding.--The Commandant and the Administrator may 
     round an adjustment under subclause (I) to the nearest 1/10 
     of a dollar.

       ``(iii) Factors in establishing fees.--

       ``(I) In general.--In establishing fees under clause (i), 
     the Commandant and Administrator may establish lower levels 
     of fees and the maximum amount of fees for certain classes of 
     cruise vessels based on--

       ``(aa) size;
       ``(bb) economic share; and
       ``(cc) such other factors as are determined to be 
     appropriate by the Commandant and the Administrator.
       ``(iv) Fee schedules.--Any fee schedule established under 
     clause (i), 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 applicable considerations.

       ``(v) Collection of fees.--A fee established under clause 
     (i) shall be collected by the Administrator or the Commandant 
     from the owner or operator of each cruise vessel to which 
     this subsection applies.
       ``(vi) Deposits to fund.--Notwithstanding any other 
     provision of law, all fees collected under this paragraph, 
     and all penalties and payments collected for violations of 
     this subsection, shall be deposited in the Fund.

[[Page S5916]]

       ``(12) Authorization of appropriations.--There are 
     authorized to be appropriated to the Administrator and the 
     Commandant such sums as are necessary to carry out this 
     subsection for each of fiscal years 2010 through 2014.''.

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