I 

111TH CONGRESS 

1ST SESSION H. R. 3888 

To amend the Federal Water Pollution Control Act to establish national 

standards for discharges from cruise vessels. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 21, 2009 

Mr. FARR (for himself, Mr. BERMAN, Mr. BLUMENAUER, Mrs. CAPPS, Mrs. 

CHRISTENSEN, Mrs. DAVIS of California, Mr. DICKS, Mr. DOGGETT, Ms. 

ESHOO, Mr. FILNER, Mr. FRANK of Massachusetts, Mr. GRIJALVA, Ms. 

HIRONO, Mr. HOLT, Mr. HONDA, Ms. LEE of California, Ms. ZOE

LOFGREN of California, Mrs. MALONEY, Ms. MATSUI, Mr. MORAN of Virginia, Mr. NADLER of New York, Mrs. NAPOLITANO, Mr. PALLONE, Mr. 

ROTHMAN of New Jersey, Mr. STARK, Mr. THOMPSON of California, Mr. 

WAXMAN, and Ms. WOOLSEY) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL 

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

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clean Cruise Ship Act 

5 of 2009’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 


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1 (1) cruise ships carry millions of passengers 

2 through North American waters each year, showcase 

3 some of the most beautiful ocean and coastal envi4 ronments in the United States, and provide opportu5 nities for passengers to relax and enjoy oceans and 

6 marine ecosystems; 

7 (2) the number of cruise passengers continues 

8 to grow, making the cruise industry one of the fast9 est growing tourism sectors in the world; 

10 (3) in 2007, more than 10,000,000 passengers 

11 departed from North America on thousands of cruise 

12 ships; 

13 (4) during the 2 decades preceding the date of 

14 enactment of this Act, the average cruise ship size 

15 has increased at a rate of approximately 90 feet 

16 every 5 years; 

17 (5) an average-sized cruise vessel generates mil18 lions of gallons of liquid waste and many tons of 

19 solid waste; 

20 (6) in just 1 week, a 3000-passenger cruise ship 

21 generates approximately 210,000 gallons of human 

22 sewage, 1,000,000 gallons of water from showers 

23 and sinks and dishwashing water (commonly known 

24 as ‘‘graywater’’), 37,000 gallons of oily bilge water, 


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1 more than 8 tons of solid waste, and toxic wastes 

2 from dry cleaning and photo-processing laboratories; 

3 (7) in an Environmental Protection Agency sur4 vey of 29 ships traveling in Alaskan waters, reported 

5 sewage generation rates ranged from 1,000 to 

6 74,000 gallons per day per vessel, with the average 

7 volume of sewage generated being 21,000 gallons per 

8 day per vessel; 

9 (8) those frequently untreated cruise ship dis10 charges deliver nutrients, hazardous substances, 

11 pharmaceuticals, and human pathogens, including 

12 viruses and bacteria, directly into the marine envi13 ronment; 

14 (9) in the final report of the United States 

15 Commission on Ocean Policy, that Commission 

16 found that cruise ship discharges, if not treated and 

17 disposed of properly, and the cumulative impacts 

18 caused when cruise ships repeatedly visit the same 

19 environmentally sensitive areas, ‘‘can be a significant 

20 source of pathogens and nutrients with the potential 

21 to threaten human health and damage shellfish beds, 

22 coral reefs, and other aquatic life’’; 

23 (10) pollution from cruise ships not only has 

24 the potential to threaten marine life and human 

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1 food, but also poses a health risk for recreational 

2 swimmers, surfers, and other beachgoers; 

3 (11) according to the Environmental Protection 

4 Agency, ‘‘Sewage may host many pathogens of con5 cern to human health, including Salmonella, 

6 Shigella, Hepatitis A and E, and gastro-intestinal vi7 ruses. Sewage contamination in swimming areas and 

8 shellfish beds poses potential risks to human health 

9 and the environment by increasing the rate of water10 borne illnesses’’; 

11 (12) the nutrient pollution from human sewage 

12 discharges from cruise ships can contribute to the 

13 incidence of harmful algal blooms; 

14 (13) algal blooms have been implicated in the 

15 deaths of marine life, including the deaths of more 

16 than 150 manatees off the coast of Florida; 

17 (14) in a 2005 report requested by the Inter18 national Council of Cruise Lines, the Science Panel 

19 of the Ocean Conservation and Tourism Alliance rec20 ommended that— 

21 (A) ‘‘[a]ll blackwater should be treated’’; 

22 (B) treated blackwater should be ‘‘avoided 

23 in ports, close to bathing beaches or water bod24 ies with restricted circulation, flushing or in25 flow’’; and 


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1 (C) blackwater should not be discharged 

2 within 4 nautical miles of shellfish beds, coral 

3 reefs, or other sensitive habitats; 

4 (15) that Science Panel further recommended 

5 that graywater be treated in the same manner as 

6 blackwater and that sewage sludge be off-loaded to 

7 approved land-based facilities; 

8 (16) in a summary of recommendations for ad9 dressing unabated point sources of pollution, the 

10 Pew Oceans Commission states that, ‘‘Congress 

11 should enact legislation that regulates wastewater 

12 discharges from cruise ships under the Clean Water 

13 Act by establishing uniform minimum standards for 

14 discharges in all State waters and prohibiting dis15 charges within the U.S. Exclusive Economic Zone 

16 that do not meet effluent standards.’’; and 

17 (17) a comprehensive statutory regime for man18 aging pollution discharges from cruise vessels, appli19 cable throughout the United States, is needed— 

20 (A) to protect coastal and ocean areas 

21 from pollution generated by cruise vessels; 

22 (B) to reduce and better regulate dis23 charges from cruise vessels; and 

24 (C) to improve monitoring, reporting, and 

25 enforcement of standards regarding discharges. 


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1 (b) PURPOSE.—The purpose of this Act is to amend 

2 the Federal Water Pollution Control Act (33 U.S.C. 1251 

3 et seq.) to establish national standards and prohibitions 

4 for discharges from cruise vessels. 

5 SEC. 3. CRUISE VESSEL DISCHARGES. 

6 Section 402 of the Federal Water Pollution Control 

7 Act (33 U.S.C. 1342) is amended by adding at the end 

8 the following: 

9 ‘‘(s) CRUISE VESSEL DISCHARGES.— 

10 ‘‘(1) DEFINITIONS.—In this subsection: 

11 ‘‘(A) BILGE WATER.— 

12 ‘‘(i) IN GENERAL.—The term ‘bilge 

13 water’ means wastewater. 

14 ‘‘(ii) INCLUSIONS.—The term ‘bilge 

15 water’ includes lubrication oils, trans16 mission oils, oil sludge or slops, fuel or oil 

17 sludge, used oil, used fuel or fuel filters, 

18 and oily waste. 

19 ‘‘(B) COMMANDANT.—The term ‘Com20 mandant’ means the Commandant of the Coast 

21 Guard. 

22 ‘‘(C) CRUISE VESSEL.— 

23 ‘‘(i) IN GENERAL.—The term ‘cruise 

24 vessel’ means a passenger vessel that— 


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1 ‘‘(I) is authorized to carry at 

2 least 250 passengers; and 

3 ‘‘(II) has onboard sleeping facili4 ties for each passenger. 

5 ‘‘(ii) EXCLUSIONS.—The term ‘cruise 

6 vessel’ does not include— 

7 ‘‘(I) a vessel of the United States 

8 operated by the Federal Government; 

9 ‘‘(II) a vessel owned and oper10 ated by the government of a State; or 

11 ‘‘(III) a vessel owned by a local 

12 government. 

13 ‘‘(D) DISCHARGE.—The term ‘discharge’ 

14 means the release, escape, disposal, spilling, 

15 leaking, pumping, emitting, or emptying of 

16 bilge water, graywater, hazardous waste, incin17 erator ash, sewage, sewage sludge, trash, or 

18 garbage from a cruise vessel into the environ19 ment, however caused, other than— 

20 ‘‘(i) at an approved shoreside recep21 tion facility, if applicable; and 

22 ‘‘(ii) in compliance with all applicable 

23 Federal, State, and local laws (including 

24 regulations). 


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1 ‘‘(E) EXCLUSIVE ECONOMIC ZONE.—The 

2 term ‘exclusive economic zone’ has the meaning 

3 given the term in section 2101 of title 46, 

4 United States Code (as in effect on the day be5 fore the date of enactment of Public Law 109– 

6 304 (120 Stat. 1485)). 

7 ‘‘(F) FUND.—The term ‘Fund’ means the 

8 Cruise Vessel Pollution Control Fund estab9 lished by paragraph (11)(A)(i). 

10 ‘‘(G) GARBAGE.—The term ‘garbage’ 

11 means solid waste from food preparation, serv12 ice and disposal activities, even if shredded, 

13 ground, processed, or treated to comply with 

14 other requirements. 

15 ‘‘(H) GRAYWATER.— 

16 ‘‘(i) IN GENERAL.—The term 

17 ‘graywater’ means galley water, dish18 washer, and bath, shower, and washbasin 

19 water. 

20 ‘‘(ii) INCLUSIONS.—The term 

21 ‘graywater’ includes, to the extent not al22 ready covered under provisions of law re23 lating to hazardous waste— 

24 ‘‘(I) spa, pool, and laundry 

25 wastewater; 


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1 ‘‘(II) wastes from soot tanker or 

2 economizer cleaning; 

3 ‘‘(III) wastes from photo proc4 essing; 

5 ‘‘(IV) wastes from vessel interior 

6 surface cleaning; and 

7 ‘‘(V) miscellaneous equipment 

8 and process wastewater. 

9 ‘‘(I) HAZARDOUS WASTE.—The term ‘haz10 ardous waste’ has the meaning given the term 

11 in section 6903 of the Solid Waste Disposal Act 

12 (42 U.S.C. 6903). 

13 ‘‘(J) INCINERATOR ASH.—The term ‘incin14 erator ash’ means ash generated during the in15 cineration of solid waste or sewage sludge. 

16 ‘‘(K) NEW VESSEL.—The term ‘new vessel’ 

17 means a vessel, the construction of which is ini18 tiated after promulgation of standards and reg19 ulations under this subsection. 

20 ‘‘(L) NO-DISCHARGE ZONE.— 

21 ‘‘(i) IN GENERAL.—The term ‘no-dis22 charge zone’ means an area of ecological 

23 importance, whether designated by Fed24 eral, State, or local authorities. 


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1 ‘‘(ii) INCLUSIONS.—The term ‘no-dis2 charge zone’ includes— 

3 ‘‘(I) a marine sanctuary; 

4 ‘‘(II) a marine protected area; 

5 ‘‘(III) a marine reserve; and 

6 ‘‘(IV) a marine national monu7 ment. 

8 ‘‘(M) PASSENGER.—The term ‘passenger’ 

9 means any person (including a paying pas10 senger and any staff member, such as a crew 

11 member, captain, or officer) traveling on board 

12 a cruise vessel. 

13 ‘‘(N) SEWAGE.—The term ‘sewage’ 

14 means— 

15 ‘‘(i) human and animal body wastes; 

16 and 

17 ‘‘(ii) wastes from toilets and other re18 ceptacles intended to receive or retain 

19 human and animal body wastes. 

20 ‘‘(O) SEWAGE SLUDGE.— 

21 ‘‘(i) IN GENERAL.—The term ‘sewage 

22 sludge’ means any solid, semi-solid, or liq23 uid residue removed during the treatment 

24 of on-board sewage. 


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1 ‘‘(ii) INCLUSIONS.—The term ‘sewage 

2 sludge’ includes— 

3 ‘‘(I) solids removed during pri4 mary, secondary, or advanced waste5 water treatment; 

6 ‘‘(II) scum; 

7 ‘‘(III) septage; 

8 ‘‘(IV) portable toilet pumpings; 

9 ‘‘(V) type III marine sanitation 

10 device pumpings (as defined in part 

11 159 of title 33, Code of Federal Regu12 lations (or a successor regulation)); 

13 and 

14 ‘‘(VI) sewage sludge products. 

15 ‘‘(iii) EXCLUSIONS.—The term ‘sew16 age sludge’ does not include— 

17 ‘‘(I) grit or screenings; or 

18 ‘‘(II) ash generated during the 

19 incineration of sewage sludge. 

20 ‘‘(P) TRASH.—The term ‘trash’ means 

21 solid waste from vessel operations and pas22 senger services, even if shredded, ground, proc23 essed, or treated to comply with other regula24 tions. 

25 ‘‘(2) PROHIBITIONS.— 


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1 ‘‘(A) PROHIBITION ON DISCHARGE OF

2 SEWAGE SLUDGE, INCINERATOR ASH, AND HAZ3 ARDOUS WASTE.— 

4 ‘‘(i) IN GENERAL.—Except as pro5 vided by subparagraph (C), no cruise ves6 sel departing from, or calling on, a port of 

7 the United States may discharge sewage 

8 sludge, incinerator ash, or hazardous waste 

9 into navigable waters, including the contig10 uous zone and the exclusive economic zone. 

11 ‘‘(ii) OFF-LOADING.—Sewage sludge, 

12 incinerator ash, and hazardous waste de13 scribed in clause (i) shall be off-loaded at 

14 an appropriate land-based facility. 

15 ‘‘(B) PROHIBITION ON DISCHARGE OF

16 SEWAGE, GRAYWATER, AND BILGE WATER.— 

17 ‘‘(i) IN GENERAL.—Except as pro18 vided by subparagraph (C), no cruise ves19 sel departing from or calling on, a port of 

20 the United States may discharge sewage, 

21 graywater, or bilge water into navigable 

22 waters, including the contiguous zone and 

23 the exclusive economic zone, unless— 

24 ‘‘(I) the sewage, graywater, or 

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1 plicable effluent limits established 

2 under this section and is in accord3 ance with all other applicable laws; 

4 ‘‘(II) the cruise vessel is under5 way and proceeding at a speed of not 

6 less than 6 knots; 

7 ‘‘(III) the cruise vessel is more 

8 than 12 nautical miles from shore; 

9 and 

10 ‘‘(IV) the cruise vessel complies 

11 with all applicable standards estab12 lished under this Act. 

13 ‘‘(ii) NO-DISCHARGE ZONES.—Not14 withstanding any other provision of this 

15 paragraph, no cruise vessel departing from, 

16 or calling on, a port of the United States 

17 may discharge treated or untreated sew18 age, graywater, or bilge water into a no19 discharge zone. 

20 ‘‘(C) SAFETY EXCEPTION.— 

21 ‘‘(i) SCOPE OF EXCEPTION.—Sub22 paragraphs (A) and (B) shall not apply in 

23 any case in which— 

24 ‘‘(I) a discharge is made solely 

25 for the purpose of securing the safety 


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1 of the cruise vessel or saving human 

2 life at sea; and 

3 ‘‘(II) all reasonable precautions 

4 have been taken to prevent or mini5 mize the discharge. 

6 ‘‘(ii) NOTIFICATION.— 

7 ‘‘(I) IN GENERAL.—If the owner, 

8 operator, master, or other person in 

9 charge of a cruise vessel authorizes a 

10 discharge described in clause (i), the 

11 person shall notify the Administrator 

12 and the Commandant of the decision 

13 to authorize the discharge as soon as 

14 practicable, but not later than 24 

15 hours, after authorizing the discharge. 

16 ‘‘(II) REPORT.—Not later than 7 

17 days after the date on which a dis18 charge described in clause (i) occurs, 

19 the owner, operator, master, or other 

20 person in charge of a cruise vessel, 

21 shall submit to the Administrator and 

22 the Commandant a report that de23 scribes— 


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1 ‘‘(aa) the quantity and com2 position of each discharge au3 thorized under clause (i); 

4 ‘‘(bb) the reason for author5 izing each such discharge; 

6 ‘‘(cc) the location of the ves7 sel during the course of each 

8 such discharge; and 

9 ‘‘(dd) such other supporting 

10 information and data as are re11 quested by the Commandant or 

12 the Administrator. 

13 ‘‘(III) DISCLOSURE OF RE14 PORTS.—Upon receiving a report 

15 under subclause (II), the Adminis16 trator shall make the report available 

17 to the public. 

18 ‘‘(3) EFFLUENT LIMITS.— 

19 ‘‘(A) EFFLUENT LIMITS FOR DISCHARGES

20 OF SEWAGE, GRAYWATER, AND BILGE

21 WATER.— 

22 ‘‘(i) IN GENERAL.—Not later than 1 

23 year after the date of enactment of this 

24 subsection, the Administrator shall promul25 gate effluent limits for sewage, graywater, 


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1 and bilge water discharges from cruise ves2 sels. 

3 ‘‘(ii) REQUIREMENTS.—The effluent 

4 limits shall— 

5 ‘‘(I) be consistent with the capa6 bility of the best available technology 

7 to treat effluent; 

8 ‘‘(II) take into account the best 

9 available scientific information on the 

10 environmental effects of sewage, 

11 graywater, and bilge water discharges, 

12 including conventional, nontoxic, and 

13 toxic pollutants and petroleum; 

14 ‘‘(III) take into account marine 

15 life and ecosystems, including coral 

16 reefs, shell fish beds, endangered spe17 cies, marine mammals, seabirds, and 

18 marine ecosystems; 

19 ‘‘(IV) take into account condi20 tions that will affect marine life, eco21 systems, and human health, including 

22 seamounts, continental shelves, oce23 anic fronts, warm core and cold core 

24 rings, and ocean currents; and 


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1 ‘‘(V) require compliance with all 

2 relevant Federal and State water 

3 quality standards. 

4 ‘‘(iii) MINIMUM LIMITS.—The effluent 

5 limits promulgated under clause (i) shall 

6 require, at a minimum, that treated sew7 age, treated graywater, and treated bilge 

8 water effluent discharges from cruise ves9 sels, measured at the point of discharge, 

10 shall, not later than the date described in 

11 subparagraph (C)— 

12 ‘‘(I) satisfy the minimum level of 

13 effluent quality specified in section 

14 133.102 of title 40, Code of Federal 

15 Regulations (or a successor regula16 tion); and 

17 ‘‘(II) with respect to the samples 

18 from the discharge during any 30-day 

19 period— 

20 ‘‘(aa) have a geometric mean 

21 that does not exceed 20 fecal 

22 coliform per 100 milliliters; 

23 ‘‘(bb) not exceed 40 fecal 

24 coliform per 100 milliliters in 


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1 more than 10 percent of the sam2 ples; and 

3 ‘‘(cc) with respect to con4 centrations of total residual chlo5 rine, not exceed 10 milligrams 

6 per liter. 

7 ‘‘(B) REVIEW AND REVISION OF EFFLU8 ENT LIMITS.—The Administrator shall— 

9 ‘‘(i) review the effluent limits promul10 gated under subparagraph (A) at least 

11 once every 5 years; and 

12 ‘‘(ii) revise the effluent limits to incor13 porate technology available at the time of 

14 the review in accordance with subpara15 graph (A)(ii). 

16 ‘‘(C) COMPLIANCE DATE.—The Adminis17 trator shall require compliance with the effluent 

18 limits promulgated pursuant to subparagraph 

19 (A)— 

20 ‘‘(i) with respect to new vessels put 

21 into water after the date of enactment of 

22 this subsection, as of the date that is 180 

23 days after the date of promulgation of the 

24 effluent limits; and 


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1 ‘‘(ii) with respect to vessels in use as 

2 of that date of enactment, as of the date 

3 that is 1 year after the date of promulga4 tion of the effluent limits. 

5 ‘‘(D) SAMPLING, MONITORING, AND RE6 PORTING.— 

7 ‘‘(i) IN GENERAL.—The Administrator 

8 shall require sampling, monitoring, and re9 porting to ensure compliance with— 

10 ‘‘(I) the effluent limitations pro11 mulgated under subparagraph (A); 

12 ‘‘(II) all other applicable provi13 sions of this Act; 

14 ‘‘(III) any regulations promul15 gated under this Act; 

16 ‘‘(IV) other applicable Federal 

17 laws (including regulations); and 

18 ‘‘(V) all applicable international 

19 treaty requirements. 

20 ‘‘(ii) RESPONSIBILITIES OF PERSONS

21 IN CHARGE OF CRUISE VESSELS.—The 

22 owner, operator, master, or other person in 

23 charge of a cruise vessel, shall at a min24 imum— 


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1 ‘‘(I) conduct sampling or testing 

2 at the point of discharge on a monthly 

3 basis, or more frequently, as deter4 mined by the Administrator; 

5 ‘‘(II) provide real-time data to 

6 the Administrator, using telemetric or 

7 other similar technology, for reporting 

8 relating to— 

9 ‘‘(aa) discharges of sewage, 

10 graywater, and bilge water from 

11 cruise vessels; 

12 ‘‘(bb) pollutants emitted in 

13 sewage, graywater, and bilge 

14 water from cruise vessels; and 

15 ‘‘(cc) functioning of cruise 

16 vessel components relating to fuel 

17 consumption and control of air 

18 and water pollution; 

19 ‘‘(III) ensure, to the maximum 

20 extent practicable, that technologies 

21 providing real-time data have the abil22 ity to record— 

23 ‘‘(aa) the location and time 

24 of discharges from cruise vessels; 


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1 ‘‘(bb) the source, content, 

2 and volume of the discharges; 

3 and 

4 ‘‘(cc) the operational state of 

5 components relating to pollution 

6 control technology at the time of 

7 the discharges, including whether 

8 the components are operating 

9 correctly; 

10 ‘‘(IV) establish chains of custody, 

11 analysis protocols, and other specific 

12 information necessary to ensure that 

13 the sampling, testing, and records of 

14 that sampling and testing are reliable; 

15 and 

16 ‘‘(V) maintain, and provide on a 

17 monthly basis to the Administrator, 

18 electronic copies of required sampling 

19 and testing data. 

20 ‘‘(iii) REPORTING REQUIREMENTS.— 

21 The Administrator shall require the com22 pilation and production, and not later than 

23 1 year after the date of enactment of this 

24 subsection and biennially thereafter, the 

25 provision to the Administrator and the 


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1 Commandant in electronic format, of docu2 mentation for each cruise vessel that in3 cludes, at a minimum— 

4 ‘‘(I) a detailed description of on5 board waste treatment mechanisms in 

6 use by the cruise vessel, including the 

7 manufacturer of the waste treatment 

8 technology on board; 

9 ‘‘(II) a detailed description of on10 board sludge management practices of 

11 the cruise vessel; 

12 ‘‘(III) copies of applicable haz13 ardous materials forms; 

14 ‘‘(IV) a characterization of the 

15 nature, type, and composition of dis16 charges by the cruise vessel; 

17 ‘‘(V) a determination of the vol18 umes of those discharges, including 

19 average volumes; and 

20 ‘‘(VI) the locations, including the 

21 more common locations, of those dis22 charges. 

23 ‘‘(iv) SHORESIDE DISPOSAL.—The 

24 Administrator shall require documentation 


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1 of shoreside disposal at approved facilities 

2 for all wastes by, at a minimum— 

3 ‘‘(I) establishing standardized 

4 forms for the receipt of those wastes; 

5 ‘‘(II) requiring those receipts to 

6 be sent electronically to the Adminis7 trator and Commandant and main8 tained in an onboard record book; and 

9 ‘‘(III) requiring those receipts to 

10 be signed and dated by the owner, op11 erator, master, or other person in 

12 charge of the discharging vessel and 

13 the authorized representative of the 

14 receiving facility. 

15 ‘‘(v) REGULATIONS.—Not later than 

16 18 months after the date of enactment of 

17 this subsection, the Administrator, in con18 sultation with the Commandant, shall pro19 mulgate regulations that, at a minimum, 

20 implement the sampling, monitoring, and 

21 reporting protocols required by this sub22 paragraph. 

23 ‘‘(4) INSPECTION PROGRAM.— 


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1 ‘‘(A) IN GENERAL.—The Administrator 

2 shall establish an inspection program to require 

3 that— 

4 ‘‘(i) regular announced and unan5 nounced inspections be conducted of any 

6 relevant aspect of cruise vessel operations, 

7 equipment, or discharges, including sam8 pling and testing of cruise vessel dis9 charges; 

10 ‘‘(ii) each cruise vessel that calls on a 

11 port of the United States be subject to an 

12 unannounced inspection at least once per 

13 year; and 

14 ‘‘(iii) inspections be carried out by the 

15 Environmental Protection Agency or the 

16 Coast Guard. 

17 ‘‘(B) COAST GUARD INSPECTIONS.—If the 

18 Administrator and the Commandant jointly 

19 agree that some or all inspections are to be car20 ried out by the Coast Guard, the inspections 

21 shall— 

22 ‘‘(i) occur outside the Coast Guard 

23 matrix system for setting boarding prior24 ities; 


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1 ‘‘(ii) be consistent across Coast Guard 

2 districts; and 

3 ‘‘(iii) be conducted by specially-trained 

4 environmental inspectors. 

5 ‘‘(C) REGULATIONS.—Not later than 18 

6 months after the date of enactment of this sub7 section, the Administrator, in consultation with 

8 the Commandant, shall promulgate regulations 

9 that, at a minimum— 

10 ‘‘(i) designate responsibility for con11 ducting inspections; 

12 ‘‘(ii) require the owner, operator, mas13 ter, or other person in charge of a cruise 

14 vessel to maintain and submit a logbook 

15 detailing the times, types, volumes, flow 

16 rates, origins, and specific locations of, and 

17 explanations for, any discharges from the 

18 cruise vessel not otherwise required by the 

19 International Convention for the Preven20 tion of Pollution from Ships, 1973 (done 

21 at London on November 2, 1973; entered 

22 into force on October 2, 1983), as modified 

23 by the Protocol of 1978 relating to the 

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1 tion of Pollution from Ships, 1973 (done 

2 at London, February 17, 1978); 

3 ‘‘(iii) provide for routine announced 

4 and unannounced inspections of— 

5 ‘‘(I) cruise vessel environmental 

6 compliance records and procedures; 

7 and 

8 ‘‘(II) the functionality, suffi9 ciency, redundancy, and proper oper10 ation and maintenance of installed 

11 equipment for abatement and control 

12 of any cruise vessel discharge (includ13 ing equipment intended to treat sew14 age, graywater, or bilge water); 

15 ‘‘(iv) ensure that— 

16 ‘‘(I) all crew members are in17 formed of, in the native language of 

18 the crew members, and understand, 

19 the pollution control obligations under 

20 this subsection, including regulations 

21 promulgated under this subsection; 

22 and 

23 ‘‘(II) applicable crew members 

24 are sufficiently trained and competent 

25 to comply with requirements under 


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1 this subsection, including sufficient 

2 training and competence— 

3 ‘‘(aa) to effectively operate 

4 shipboard pollution control sys5 tems; 

6 ‘‘(bb) to conduct all nec7 essary sampling and testing; and 

8 ‘‘(cc) to monitor and comply 

9 with recording requirements; 

10 ‘‘(v) require that operating manuals 

11 be on the cruise vessel and accessible to all 

12 crew members; 

13 ‘‘(vi) require the posting of the phone 

14 number for a toll-free whistleblower hotline 

15 on all ships and at all ports using language 

16 likely to be understood by international 

17 crews; 

18 ‘‘(vii) require any owner, operator, 

19 master, or other person in charge of a 

20 cruise vessel, who has knowledge of a dis21 charge from the cruise vessel in violation 

22 of this subsection, including regulations 

23 promulgated under this subsection, to re24 port immediately the discharge to the Ad25 ministrator and the Commandant; 


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1 ‘‘(viii) require the owner, operator, 

2 master, or other person in charge of a 

3 cruise vessel to provide, not later than 1 

4 year after the date of enactment of this 

5 subsection, to the Administrator, Com6 mandant, and on-board observers (includ7 ing designated representatives), a copy of 

8 cruise vessel plans, including— 

9 ‘‘(I) piping schematic diagrams; 

10 ‘‘(II) construction drawings; and 

11 ‘‘(III) drawings or diagrams of 

12 storage systems, processing, treating, 

13 intake, or discharge systems, and any 

14 modifications of those systems (within 

15 the year during which the modifica16 tions are made); and 

17 ‘‘(ix) inhibit illegal discharges by pro18 hibiting all means of altering piping, tank19 age, pumps, valves, and processes to by20 pass or circumvent measures or equipment 

21 designed to monitor, sample, or prevent 

22 discharges. 

23 ‘‘(D) DISCLOSURE OF LOGBOOKS.—The 

24 logbook described in subparagraph (C)(ii) shall 


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1 be submitted to the Administrator and the 

2 Commandant. 

3 ‘‘(5) CRUISE OBSERVER PROGRAM.— 

4 ‘‘(A) IN GENERAL.—Not later than 18 

5 months after the date of enactment of this sub6 section, the Commandant, in consultation with 

7 the Administrator, shall establish and carry out 

8 a program for the hiring and placement of 1 or 

9 more trained, independent, observers on each 

10 cruise vessel. 

11 ‘‘(B) PURPOSE.—The purpose of the cruise 

12 observer program established under subpara13 graph (A) is to monitor and inspect cruise ves14 sel operations, equipment, and discharges to en15 sure compliance with— 

16 ‘‘(i) this subsection (including regula17 tions promulgated under this subsection); 

18 and 

19 ‘‘(ii) all other relevant Federal and 

20 State laws and international agreements. 

21 ‘‘(C) REGULATIONS.—Not later than 18 

22 months after the date of enactment of this sub23 section, the Commandant, in consultation with 

24 the Administrator and the Attorney General, 


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1 shall promulgate regulations that, at a min2 imum— 

3 ‘‘(i) specify that the Coast Guard 

4 shall be responsible for the hiring of ob5 servers; 

6 ‘‘(ii) specify the qualifications, experi7 ence, and duties of the observers; 

8 ‘‘(iii) specify methods and criteria for 

9 Coast Guard hiring of observers; 

10 ‘‘(iv) establish the means for ensuring 

11 constant observer coverage and allowing 

12 for observer relief and rotation; and 

13 ‘‘(v) establish an appropriate rate of 

14 pay to ensure that observers are highly 

15 trained and retained by the Coast Guard. 

16 ‘‘(D) RESPONSIBILITIES.—Cruise observ17 ers participating in the program established 

18 under subparagraph (A) shall— 

19 ‘‘(i) observe and inspect— 

20 ‘‘(I) onboard liquid and solid 

21 handling and processing systems; 

22 ‘‘(II) onboard environmental 

23 treatment systems; 

24 ‘‘(III) use of shore-based treat25 ment and storage facilities; 


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1 ‘‘(IV) discharges and discharge 

2 practices; and 

3 ‘‘(V) documents relating to envi4 ronmental compliance, including— 

5 ‘‘(aa) sounding boards, logs, 

6 and logbooks; 

7 ‘‘(bb) daily and corporate 

8 maintenance and engineers’ 

9 logbooks; 

10 ‘‘(cc) fuel, sludge, slop, 

11 waste, and ballast tank capacity 

12 tables; 

13 ‘‘(dd) installation, mainte14 nance, and operation records for 

15 oily water separators, inciner16 ators, and boilers; 

17 ‘‘(ee) piping diagrams; 

18 ‘‘(ff) e-mail archives; 

19 ‘‘(gg) receipts for the trans20 fer of materials, including waste 

21 disposal; 

22 ‘‘(hh) air emissions data; 

23 and 

24 ‘‘(ii) electronic and other 

25 records of relevant information, 


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1 including fuel consumption, 

2 maintenance, and spares ordering 

3 for all waste processing- and pol4 lution-related equipment; 

5 ‘‘(ii) have the authority to interview 

6 and otherwise query any crew member with 

7 knowledge of cruise vessel operations; 

8 ‘‘(iii) have access to all data and in9 formation made available to government 

10 officials under this subsection; 

11 ‘‘(iv) immediately report any known or 

12 suspected violation of this subsection or 

13 any other applicable Federal law or inter14 national agreement to— 

15 ‘‘(I) the owner, operator, master, 

16 or other person in charge of a cruise 

17 vessel; 

18 ‘‘(II) the Commandant; and 

19 ‘‘(III) the Administrator; 

20 ‘‘(v) maintain inspection records to be 

21 submitted to the Commandant and the Ad22 ministrator on a semiannual basis; and 

23 ‘‘(vi) have authority to conduct the 

24 full range of duties of the observers within 


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1 the United States territorial seas, contig2 uous zone, and exclusive economic zone. 

3 ‘‘(E) PROGRAM EVALUATION.—The cruise 

4 observer program established and carried out by 

5 the Commandant under subparagraph (A) shall 

6 include— 

7 ‘‘(i) a method for collecting and re8 viewing data relating to the efficiency, suf9 ficiency, and operation of the cruise ob10 server program, including— 

11 ‘‘(I) the ability to achieve pro12 gram goals; 

13 ‘‘(II) cruise vessel personnel co14 operation; 

15 ‘‘(III) necessary equipment and 

16 analytical resources; and 

17 ‘‘(IV) the need for additional ob18 server training; and 

19 ‘‘(ii) a process for adopting periodic 

20 revisions to the program based on the data 

21 collected under clause (i). 

22 ‘‘(F) OBSERVER SUPPORT.—Not later than 

23 18 months after the date of enactment of this 

24 subsection, the Commandant, in consultation 

25 with the Administrator, shall implement a proVerDate Nov 24 2008 03:46 Oct 22, 2009 Jkt 089200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H3888.IH H3888

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1 gram to provide support to observers, including, 

2 at a minimum— 

3 ‘‘(i) training for observers to ensure 

4 the ability of the observers to carry out 

5 this paragraph; 

6 ‘‘(ii) necessary equipment and analyt7 ical resources, such as laboratories, to 

8 carry out the responsibilities established 

9 under this subsection; and 

10 ‘‘(iii) support relating to the adminis11 tration of the program and the response to 

12 any recalcitrant cruise vessel personnel. 

13 ‘‘(G) REPORT.—Not later than 3 years 

14 after the date of establishment of the program 

15 under this paragraph, the Commandant, in con16 sultation with the Administrator, shall submit 

17 to Congress a report describing— 

18 ‘‘(i) the results of the program in 

19 terms of observer effectiveness, optimal 

20 coverage, environmental benefits, and 

21 cruise ship cooperation; 

22 ‘‘(ii) recommendations for increased 

23 effectiveness, including increased training 

24 needs and increased equipment needs; and 


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1 ‘‘(iii) other recommendations for im2 provement of the program. 

3 ‘‘(6) REWARDS.— 

4 ‘‘(A) PAYMENTS TO INDIVIDUALS.— 

5 ‘‘(i) IN GENERAL.—The Administrator 

6 or a court of competent jurisdiction, as the 

7 case may be, may order payment, from a 

8 civil penalty or criminal fine collected for a 

9 violation of this subsection, of an amount 

not to exceed 1 10 ⁄2 of the amount of the civil 

11 penalty or criminal fine, to any individual 

12 who furnishes information that leads to the 

13 payment of the civil penalty or criminal 

14 fine. 

15 ‘‘(ii) MULTIPLE INDIVIDUALS.—If 2 

16 or more individuals provide information de17 scribed in clause (i), the amount available 

18 for payment as a reward shall be divided 

19 equitably among the individuals. 

20 ‘‘(iii) INELIGIBLE INDIVIDUALS.—No 

21 officer or employee of the United States, a 

22 State, or an Indian tribe who furnishes in23 formation or renders service in the per24 formance of the official duties of the offiVerDate Nov 24 2008 03:46 Oct 22, 2009 Jkt 089200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H3888.IH H3888

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1 cer or employee shall be eligible for a re2 ward payment under this paragraph. 

3 ‘‘(B) PAYMENTS TO INDIAN TRIBES.—The 

4 Administrator or a court of competent jurisdic5 tion, as the case may be, may order payment, 

6 from a civil penalty or criminal fine collected 

7 for a violation of this subsection, to an Indian 

8 tribe providing information or investigative as9 sistance that leads to payment of the penalty or 

10 fine, of an amount that reflects the level of in11 formation or investigative assistance provided. 

12 ‘‘(C) PAYMENTS DIVIDED AMONG INDIAN

13 TRIBES AND INDIVIDUALS.—In a case in which 

14 an Indian tribe and an individual under sub15 paragraph (A) are eligible to receive a reward 

16 payment under this paragraph, the Adminis17 trator or the court shall divide the amount 

18 available for the reward equitably among those 

19 recipients. 

20 ‘‘(7) LIABILITY IN REM.—A cruise vessel oper21 ated in violation of this subsection or any regulation 

22 promulgated under this subsection— 

23 ‘‘(A) shall be liable in rem for any civil 

24 penalty or criminal fine imposed for the viola25 tion; and 


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1 ‘‘(B) may be subject to a proceeding insti2 tuted in any United States district court of 

3 competent jurisdiction. 

4 ‘‘(8) PERMIT REQUIREMENT.—A cruise vessel 

5 may operate in the waters of the United States, or 

6 visit a port or place under the jurisdiction of the 

7 United States, only if the cruise vessel has been 

8 issued a permit under this section. 

9 ‘‘(9) NONAPPLICABILITY OF CERTAIN PROVI10 SIONS.—Paragraphs (6)(A) and (12)(B) of section 

11 502 shall not apply to any cruise vessel. 

12 ‘‘(10) STATUTORY OR COMMON LAW RIGHTS

13 NOT RESTRICTED.—Nothing in this subsection— 

14 ‘‘(A) restricts the rights of any person (or 

15 class of persons) to regulate or seek enforce16 ment or other relief (including relief against the 

17 Administrator or Commandant) under any stat18 ute or common law; 

19 ‘‘(B) affects the right of any person (or 

20 class of persons) to regulate or seek enforce21 ment or other relief with regard to vessels other 

22 than cruise vessels under any statute or com23 mon law; or 

24 ‘‘(C) affects the right of any person (or 

25 class of persons) under any statute or common 


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1 law, including this Act, to regulate or seek en2 forcement or other relief with regard to pollut3 ants or emission streams from cruise vessels 

4 that are not otherwise regulated under this sub5 section. 

6 ‘‘(11) ESTABLISHMENT OF FUND; FEES.— 

7 ‘‘(A) CRUISE VESSEL POLLUTION CONTROL

8 FUND.— 

9 ‘‘(i) ESTABLISHMENT.—There is es10 tablished in the general fund of the Treas11 ury a separate account, to be known as the 

12 ‘Cruise Vessel Pollution Control Fund’ (re13 ferred to in this paragraph as the ‘Fund’). 

14 ‘‘(ii) AMOUNTS.—The Fund shall con15 sist of such amounts as are deposited in 

16 the Fund under subparagraph (B)(vi). 

17 ‘‘(iii) AVAILABILITY AND USE OF

18 AMOUNTS IN FUND.—Amounts in the 

19 Fund shall be— 

20 ‘‘(I) available to the Adminis21 trator and the Commandant as pro22 vided in appropriations Acts; and 

23 ‘‘(II) used by the Administrator 

24 and the Commandant only for pur25 poses of carrying out this subsection. 


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1 ‘‘(B) FEES ON CRUISE VESSELS.— 

2 ‘‘(i) IN GENERAL.—The Commandant 

3 and the Administrator shall establish and 

4 collect from each cruise vessel a reasonable 

5 and appropriate fee for each paying pas6 senger on a cruise vessel voyage, for use in 

7 carrying out this subsection. 

8 ‘‘(ii) ADJUSTMENT OF FEE.— 

9 ‘‘(I) IN GENERAL.—The Com10 mandant and the Administrator shall 

11 biennially adjust the amount of the 

12 fee established under clause (i) to re13 flect changes in the Consumer Price 

14 Index for All Urban Consumers pub15 lished by the Department of Labor 

16 during the most recent 2-year period 

17 for which data are available. 

18 ‘‘(II) ROUNDING.—The Com19 mandant and the Administrator may 

20 round an adjustment under subclause 

(I) to the nearest 1 21 ⁄10 of a dollar. 

22 ‘‘(iii) FACTORS IN ESTABLISHING

23 FEES.— 

24 ‘‘(I) IN GENERAL.—In estab25 lishing fees under clause (i), the ComVerDate Nov 24 2008 03:46 Oct 22, 2009 Jkt 089200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H3888.IH H3888

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1 mandant and Administrator may es2 tablish lower levels of fees and the 

3 maximum amount of fees for certain 

4 classes of cruise vessels based on— 

5 ‘‘(aa) size; 

6 ‘‘(bb) economic share; and 

7 ‘‘(cc) such other factors as 

8 are determined to be appropriate 

9 by the Commandant and the Ad10 ministrator. 

11 ‘‘(iv) FEE SCHEDULES.—Any fee 

12 schedule established under clause (i), in13 cluding the level of fees and the maximum 

14 amount of fees, shall take into account— 

15 ‘‘(I) cruise vessel routes; 

16 ‘‘(II) the frequency of stops at 

17 ports of call by cruise vessels; and 

18 ‘‘(III) other applicable consider19 ations. 

20 ‘‘(v) COLLECTION OF FEES.—A fee 

21 established under clause (i) shall be col22 lected by the Administrator or the Com23 mandant from the owner or operator of 

24 each cruise vessel to which this subsection 

25 applies. 


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1 ‘‘(vi) DEPOSITS TO FUND.—Notwith2 standing any other provision of law, all 

3 fees collected under this paragraph, and all 

4 penalties and payments collected for viola5 tions of this subsection, shall be deposited 

6 in the Fund. 

7 ‘‘(12) AUTHORIZATION OF APPROPRIATIONS.— 

8 There are authorized to be appropriated to the Ad9 ministrator and the Commandant such sums as are 

10 necessary to carry out this subsection for each of fis11 cal years 2010 through 2014.’’. 

Æ 


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