[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1359 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1359
To amend the Federal Water Pollution Control Act to establish national
standards for discharges from cruise vessels.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 24, 2013
Mr. Durbin introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to establish national
standards for discharges from cruise vessels.
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 3,000-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
(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;
``(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 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.
``(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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