engine activities of cruise vessels to reduce the level of 
harmful chemical and particulate air pollutants. 
SEC. 14. FUNDING. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Commandant and 
the Administrator such sums as are necessary to carry out 
this Act for each of fiscal years 2009 through 2013. 
(b) CRUISE VESSEL POLLUTION CONTROL FUND.— 
(1) ESTABLISHMENT.—There is established in 
the general fund of the Treasury a separate account 
to be known as the ‘‘Cruise Vessel Pollution Control 
Fund’’ (referred to in this section as the ‘‘Fund’’). 
(2) AMOUNTS.—The Fund shall consist of such 
amounts as are deposited in the Fund under sub-
section (c)(5). 
(3) USE OF AMOUNTS IN FUND.—The Adminis-
trator and the Commandant may use amounts in the 
Fund, without further appropriation, to carry out 
this Act. 
(c) FEES ON CRUISE VESSELS.— 
(1) IN GENERAL.—The Commandant shall es-
tablish and collect from each cruise vessel a reason-
able and appropriate fee for each paying passenger 
on a cruise vessel voyage, for use in carrying out 
this Act. 
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(2) ADJUSTMENT OF FEE.— 
(A) IN GENERAL.—The Commandant shall 
biennially adjust the amount of the fee estab-
lished under paragraph (1) to reflect changes in 
the Consumer Price Index for All Urban Con-
sumers published by the Department of Labor 
during each 2-year period. 
(B) ROUNDING.—The Commandant may 
round the adjustment in subparagraph (A) to 
the nearest 1⁄10 of a dollar. 
(3) FACTORS IN ESTABLISHING FEES.— 
(A) IN
GENERAL.—In establishing fees 
under paragraph (1), the Commandant may es-
tablish lower levels of fees and the maximum 
amount of fees for certain classes of cruise ves-
sels based on— 
(i) size; 
(ii) economic share; and 
(iii) such other factors as are deter-
mined to be appropriate by the Com-
mandant and Administrator. 
(B) FEE SCHEDULES.—Any fee schedule 
established under paragraph (1), including the 
level of fees and the maximum amount of fees, 
shall take into account— 
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(i) cruise vessel routes; 
(ii) the frequency of stops at ports of 
call by cruise vessels; and 
(iii) other relevant considerations. 
(4) COLLECTION OF FEES.—A fee established 
under paragraph (1) shall be collected by the Com-
mandant from the owner or operator of each cruise 
vessel to which this Act applies. 
(5) DEPOSITS TO FUND.—Notwithstanding any 
other provision of law, all fees collected under this 
subsection, and all penalties and payments collected 
for violations of this Act, shall be deposited into the 
Fund. 
SEC. 15. EFFECT ON OTHER LAW. 
(a) UNITED STATES.—Nothing in this Act restricts, 
affects, or amends any other law or the authority of any 
department, instrumentality, or agency of the United 
States. 
(b) STATES AND INTERSTATE AGENCIES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), nothing in this Act precludes or denies 
the right of any State (including a political subdivi-
sion of a State) or interstate agency to adopt or en-
force— 
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(A) any standard or limit relating to the 
discharge of pollutants by cruise vessels; or 
(B) any requirement relating to the control 
or abatement of pollution. 
(2) EXCEPTION.—If an effluent limit, perform-
ance standard, water quality standard, or any other 
prohibition or limitation is in effect under Federal 
law, a State (including a political subdivision of a 
State) or interstate agency may not adopt or enforce 
any effluent limit, performance standard, water 
quality standard, or any other prohibition that— 
(A) is less stringent than the effluent limit, 
performance standard, water quality standard, 
or other prohibition or limitation under this 
Act; or 
(B) impairs or in any manner affects any 
right or jurisdiction of the State with respect to 
the waters of the State. 
Æ 
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