```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1820 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1820

To amend the Federal Water Pollution Control Act to establish national 
             standards for discharges from cruise vessels.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 21, 2009

  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 2009''.

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 number of cruise passengers continues to grow, 
        making the cruise industry one of the fastest growing tourism 
        sectors in the world;
            (3) in 2007, more than 10,000,000 passengers departed from 
        North America on thousands of cruise ships;
            (4) 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;
            (5) an average-sized cruise vessel generates millions of 
        gallons of liquid waste and many tons of solid waste;
            (6) in just 1 week, a 3000-passenger cruise ship generates 
        approximately 210,000 gallons of human sewage, 1,000,000 
        gallons of water from showers and sinks and dishwashing water 
        (commonly known as ``graywater''), 37,000 gallons of oily bilge 
        water, more than 8 tons of solid waste, and toxic wastes from 
        dry cleaning and photo-processing laboratories;
            (7) 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;
            (8) those frequently untreated cruise ship discharges 
        deliver nutrients, hazardous substances, pharmaceuticals, and 
        human pathogens, including viruses and bacteria, directly into 
        the marine environment;
            (9) 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'';
            (10) 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;
            (11) 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'';
            (12) the nutrient pollution from human sewage discharges 
        from cruise ships can contribute to the incidence of harmful 
        algal blooms;
            (13) algal blooms have been implicated in the deaths of 
        marine life, including the deaths of more than 150 manatees off 
        the coast of Florida;
            (14) 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;
            (15) 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;
            (16) 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
            (17) 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.''.
                                 <all>
```