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 Vir-
ginia, 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 re-
ferred to the Committee on Transportation and Infrastructure 
A BILL 
To amend the Federal Water Pollution Control Act to estab-
lish national standards for discharges from cruise vessels. 
Be it enacted by the Senate and House of Representa-
tives 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— 
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(1) cruise ships carry millions of passengers 
through North American waters each year, showcase 
some of the most beautiful ocean and coastal envi-
ronments in the United States, and provide opportu-
nities 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 fast-
est 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 mil-
lions 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, 
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more than 8 tons of solid waste, and toxic wastes 
from dry cleaning and photo-processing laboratories; 
(7) in an Environmental Protection Agency sur-
vey 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 dis-
charges deliver nutrients, hazardous substances, 
pharmaceuticals, and human pathogens, including 
viruses and bacteria, directly into the marine envi-
ronment; 
(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 sea-
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food, 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 con-
cern 
to 
human 
health, 
including 
Salmonella, 
Shigella, Hepatitis A and E, and gastro-intestinal vi-
ruses. Sewage contamination in swimming areas and 
shellfish beds poses potential risks to human health 
and the environment by increasing the rate of water-
borne 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 Inter-
national Council of Cruise Lines, the Science Panel 
of the Ocean Conservation and Tourism Alliance rec-
ommended that— 
(A) ‘‘[a]ll blackwater should be treated’’; 
(B) treated blackwater should be ‘‘avoided 
in ports, close to bathing beaches or water bod-
ies with restricted circulation, flushing or in-
flow’’; and 
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(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 ad-
dressing 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 dis-
charges within the U.S. Exclusive Economic Zone 
that do not meet effluent standards.’’; and 
(17) a comprehensive statutory regime for man-
aging pollution discharges from cruise vessels, appli-
cable 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 dis-
charges from cruise vessels; and 
(C) to improve monitoring, reporting, and 
enforcement of standards regarding discharges. 
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(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, trans-
mission oils, oil sludge or slops, fuel or oil 
sludge, used oil, used fuel or fuel filters, 
and oily waste. 
‘‘(B) COMMANDANT.—The term ‘Com-
mandant’ means the Commandant of the Coast 
Guard. 
‘‘(C) CRUISE VESSEL.— 
‘‘(i) IN GENERAL.—The term ‘cruise 
vessel’ means a passenger vessel that— 
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‘‘(I) is authorized to carry at 
least 250 passengers; and 
‘‘(II) has onboard sleeping facili-
ties 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 oper-
ated 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, incin-
erator ash, sewage, sewage sludge, trash, or 
garbage from a cruise vessel into the environ-
ment, however caused, other than— 
‘‘(i) at an approved shoreside recep-
tion facility, if applicable; and 
‘‘(ii) in compliance with all applicable 
Federal, State, and local laws (including 
regulations). 
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‘‘(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 be-
fore the date of enactment of Public Law 109– 
304 (120 Stat. 1485)). 
‘‘(F) FUND.—The term ‘Fund’ means the 
Cruise Vessel Pollution Control Fund estab-
lished by paragraph (11)(A)(i). 
‘‘(G) 
GARBAGE.—The 
term 
‘garbage’ 
means solid waste from food preparation, serv-
ice 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, dish-
washer, and bath, shower, and washbasin 
water. 
‘‘(ii) 
INCLUSIONS.—The 
term 
‘graywater’ includes, to the extent not al-
ready covered under provisions of law re-
lating to hazardous waste— 
‘‘(I) spa, pool, and laundry 
wastewater; 
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‘‘(II) wastes from soot tanker or 
economizer cleaning; 
‘‘(III) wastes from photo proc-
essing; 
‘‘(IV) wastes from vessel interior 
surface cleaning; and 
‘‘(V) 
miscellaneous 
equipment 
and process wastewater. 
‘‘(I) HAZARDOUS WASTE.—The term ‘haz-
ardous 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 ‘incin-
erator ash’ means ash generated during the in-
cineration of solid waste or sewage sludge. 
‘‘(K) NEW VESSEL.—The term ‘new vessel’ 
means a vessel, the construction of which is ini-
tiated after promulgation of standards and reg-
ulations under this subsection. 
‘‘(L) NO-DISCHARGE ZONE.— 
‘‘(i) IN GENERAL.—The term ‘no-dis-
charge zone’ means an area of ecological 
importance, whether designated by Fed-
eral, State, or local authorities. 
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‘‘(ii) INCLUSIONS.—The term ‘no-dis-
charge zone’ includes— 
‘‘(I) a marine sanctuary; 
‘‘(II) a marine protected area; 
‘‘(III) a marine reserve; and 
‘‘(IV) a marine national monu-
ment. 
‘‘(M) PASSENGER.—The term ‘passenger’ 
means any person (including a paying pas-
senger 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 re-
ceptacles 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 liq-
uid residue removed during the treatment 
of on-board sewage. 
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‘‘(ii) INCLUSIONS.—The term ‘sewage 
sludge’ includes— 
‘‘(I) solids removed during pri-
mary, secondary, or advanced waste-
water 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 Regu-
lations (or a successor regulation)); 
and 
‘‘(VI) sewage sludge products. 
‘‘(iii) EXCLUSIONS.—The term ‘sew-
age 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 pas-
senger services, even if shredded, ground, proc-
essed, or treated to comply with other regula-
tions. 
‘‘(2) PROHIBITIONS.— 
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‘‘(A) PROHIBITION
ON
DISCHARGE
OF 
SEWAGE SLUDGE, INCINERATOR ASH, AND HAZ-
ARDOUS WASTE.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided by subparagraph (C), no cruise ves-
sel 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 contig-
uous zone and the exclusive economic zone. 
‘‘(ii) OFF-LOADING.—Sewage sludge, 
incinerator ash, and hazardous waste de-
scribed 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 pro-
vided by subparagraph (C), no cruise ves-
sel 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 ap-
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plicable effluent limits established 
under this section and is in accord-
ance with all other applicable laws; 
‘‘(II) the cruise vessel is under-
way 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 estab-
lished under this Act. 
‘‘(ii) 
NO-DISCHARGE
ZONES.—Not-
withstanding 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 sew-
age, graywater, or bilge water into a no- 
discharge zone. 
‘‘(C) SAFETY EXCEPTION.— 
‘‘(i) SCOPE
OF
EXCEPTION.—Sub-
paragraphs (A) and (B) shall not apply in 
any case in which— 
‘‘(I) a discharge is made solely 
for the purpose of securing the safety 
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of the cruise vessel or saving human 
life at sea; and 
‘‘(II) all reasonable precautions 
have been taken to prevent or mini-
mize 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 dis-
charge 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 de-
scribes— 
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‘‘(aa) the quantity and com-
position of each discharge au-
thorized under clause (i); 
‘‘(bb) the reason for author-
izing each such discharge; 
‘‘(cc) the location of the ves-
sel during the course of each 
such discharge; and 
‘‘(dd) such other supporting 
information and data as are re-
quested by the Commandant or 
the Administrator. 
‘‘(III) 
DISCLOSURE
OF
RE-
PORTS.—Upon 
receiving 
a 
report 
under subclause (II), the Adminis-
trator 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 promul-
gate effluent limits for sewage, graywater, 
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and bilge water discharges from cruise ves-
sels. 
‘‘(ii) REQUIREMENTS.—The effluent 
limits shall— 
‘‘(I) be consistent with the capa-
bility 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 spe-
cies, marine mammals, seabirds, and 
marine ecosystems; 
‘‘(IV) take into account condi-
tions that will affect marine life, eco-
systems, and human health, including 
seamounts, continental shelves, oce-
anic fronts, warm core and cold core 
rings, and ocean currents; and 
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‘‘(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 sew-
age, treated graywater, and treated bilge 
water effluent discharges from cruise ves-
sels, 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 regula-
tion); 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 
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more than 10 percent of the sam-
ples; and 
‘‘(cc) with respect to con-
centrations of total residual chlo-
rine, not exceed 10 milligrams 
per liter. 
‘‘(B) REVIEW AND REVISION OF EFFLU-
ENT LIMITS.—The Administrator shall— 
‘‘(i) review the effluent limits promul-
gated under subparagraph (A) at least 
once every 5 years; and 
‘‘(ii) revise the effluent limits to incor-
porate technology available at the time of 
the review in accordance with subpara-
graph (A)(ii). 
‘‘(C) COMPLIANCE
DATE.—The Adminis-
trator 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 
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‘‘(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 promulga-
tion of the effluent limits. 
‘‘(D) SAMPLING, MONITORING, AND
RE-
PORTING.— 
‘‘(i) IN GENERAL.—The Administrator 
shall require sampling, monitoring, and re-
porting to ensure compliance with— 
‘‘(I) the effluent limitations pro-
mulgated under subparagraph (A); 
‘‘(II) all other applicable provi-
sions of this Act; 
‘‘(III) any regulations promul-
gated 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 min-
imum— 
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‘‘(I) conduct sampling or testing 
at the point of discharge on a monthly 
basis, or more frequently, as deter-
mined 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 abil-
ity to record— 
‘‘(aa) the location and time 
of discharges from cruise vessels; 
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‘‘(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 com-
pilation 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 
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Commandant in electronic format, of docu-
mentation for each cruise vessel that in-
cludes, at a minimum— 
‘‘(I) a detailed description of on-
board waste treatment mechanisms in 
use by the cruise vessel, including the 
manufacturer of the waste treatment 
technology on board; 
‘‘(II) a detailed description of on-
board sludge management practices of 
the cruise vessel; 
‘‘(III) copies of applicable haz-
ardous materials forms; 
‘‘(IV) a characterization of the 
nature, type, and composition of dis-
charges by the cruise vessel; 
‘‘(V) a determination of the vol-
umes of those discharges, including 
average volumes; and 
‘‘(VI) the locations, including the 
more common locations, of those dis-
charges. 
‘‘(iv) 
SHORESIDE
DISPOSAL.—The 
Administrator shall require documentation 
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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 Adminis-
trator and Commandant and main-
tained in an onboard record book; and 
‘‘(III) requiring those receipts to 
be signed and dated by the owner, op-
erator, 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 con-
sultation with the Commandant, shall pro-
mulgate regulations that, at a minimum, 
implement the sampling, monitoring, and 
reporting protocols required by this sub-
paragraph. 
‘‘(4) INSPECTION PROGRAM.— 
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‘‘(A) IN
GENERAL.—The Administrator 
shall establish an inspection program to require 
that— 
‘‘(i) regular announced and unan-
nounced inspections be conducted of any 
relevant aspect of cruise vessel operations, 
equipment, or discharges, including sam-
pling and testing of cruise vessel dis-
charges; 
‘‘(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 car-
ried out by the Coast Guard, the inspections 
shall— 
‘‘(i) occur outside the Coast Guard 
matrix system for setting boarding prior-
ities; 
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‘‘(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 sub-
section, the Administrator, in consultation with 
the Commandant, shall promulgate regulations 
that, at a minimum— 
‘‘(i) designate responsibility for con-
ducting inspections; 
‘‘(ii) require the owner, operator, mas-
ter, 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 Preven-
tion 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 Preven-
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tion 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, suffi-
ciency, redundancy, and proper oper-
ation and maintenance of installed 
equipment for abatement and control 
of any cruise vessel discharge (includ-
ing equipment intended to treat sew-
age, graywater, or bilge water); 
‘‘(iv) ensure that— 
‘‘(I) all crew members are in-
formed 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 
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this subsection, including sufficient 
training and competence— 
‘‘(aa) to effectively operate 
shipboard pollution control sys-
tems; 
‘‘(bb) to conduct all nec-
essary 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 dis-
charge from the cruise vessel in violation 
of this subsection, including regulations 
promulgated under this subsection, to re-
port immediately the discharge to the Ad-
ministrator and the Commandant; 
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‘‘(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, Com-
mandant, and on-board observers (includ-
ing 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 modifica-
tions are made); and 
‘‘(ix) inhibit illegal discharges by pro-
hibiting all means of altering piping, tank-
age, pumps, valves, and processes to by-
pass or circumvent measures or equipment 
designed to monitor, sample, or prevent 
discharges. 
‘‘(D) DISCLOSURE
OF
LOGBOOKS.—The 
logbook described in subparagraph (C)(ii) shall 
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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 sub-
section, 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 subpara-
graph (A) is to monitor and inspect cruise ves-
sel operations, equipment, and discharges to en-
sure compliance with— 
‘‘(i) this subsection (including regula-
tions 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 sub-
section, the Commandant, in consultation with 
the Administrator and the Attorney General, 
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shall promulgate regulations that, at a min-
imum— 
‘‘(i) specify that the Coast Guard 
shall be responsible for the hiring of ob-
servers; 
‘‘(ii) specify the qualifications, experi-
ence, 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 observ-
ers 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 treat-
ment and storage facilities; 
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‘‘(IV) discharges and discharge 
practices; and 
‘‘(V) documents relating to envi-
ronmental 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, mainte-
nance, and operation records for 
oily water separators, inciner-
ators, and boilers; 
‘‘(ee) piping diagrams; 
‘‘(ff) e-mail archives; 
‘‘(gg) receipts for the trans-
fer of materials, including waste 
disposal; 
‘‘(hh) air emissions data; 
and 
‘‘(ii) electronic and other 
records of relevant information, 
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including 
fuel 
consumption, 
maintenance, and spares ordering 
for all waste processing- and pol-
lution-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 in-
formation 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 inter-
national 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 Ad-
ministrator on a semiannual basis; and 
‘‘(vi) have authority to conduct the 
full range of duties of the observers within 
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the United States territorial seas, contig-
uous 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 re-
viewing data relating to the efficiency, suf-
ficiency, and operation of the cruise ob-
server program, including— 
‘‘(I) the ability to achieve pro-
gram goals; 
‘‘(II) cruise vessel personnel co-
operation; 
‘‘(III) necessary equipment and 
analytical resources; and 
‘‘(IV) the need for additional ob-
server 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 pro-
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gram 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 analyt-
ical resources, such as laboratories, to 
carry out the responsibilities established 
under this subsection; and 
‘‘(iii) support relating to the adminis-
tration 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 con-
sultation 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 
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‘‘(iii) other recommendations for im-
provement 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 de-
scribed 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 in-
formation or renders service in the per-
formance of the official duties of the offi-
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cer or employee shall be eligible for a re-
ward payment under this paragraph. 
‘‘(B) PAYMENTS TO INDIAN TRIBES.—The 
Administrator or a court of competent jurisdic-
tion, 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 as-
sistance that leads to payment of the penalty or 
fine, of an amount that reflects the level of in-
formation or investigative assistance provided. 
‘‘(C) PAYMENTS DIVIDED AMONG INDIAN 
TRIBES AND INDIVIDUALS.—In a case in which 
an Indian tribe and an individual under sub-
paragraph (A) are eligible to receive a reward 
payment under this paragraph, the Adminis-
trator or the court shall divide the amount 
available for the reward equitably among those 
recipients. 
‘‘(7) LIABILITY IN REM.—A cruise vessel oper-
ated 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 viola-
tion; and 
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‘‘(B) may be subject to a proceeding insti-
tuted 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
PROVI-
SIONS.—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 enforce-
ment or other relief (including relief against the 
Administrator or Commandant) under any stat-
ute or common law; 
‘‘(B) affects the right of any person (or 
class of persons) to regulate or seek enforce-
ment or other relief with regard to vessels other 
than cruise vessels under any statute or com-
mon law; or 
‘‘(C) affects the right of any person (or 
class of persons) under any statute or common 
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law, including this Act, to regulate or seek en-
forcement or other relief with regard to pollut-
ants or emission streams from cruise vessels 
that are not otherwise regulated under this sub-
section. 
‘‘(11) ESTABLISHMENT OF FUND; FEES.— 
‘‘(A) CRUISE VESSEL POLLUTION CONTROL 
FUND.— 
‘‘(i) ESTABLISHMENT.—There is es-
tablished in the general fund of the Treas-
ury a separate account, to be known as the 
‘Cruise Vessel Pollution Control Fund’ (re-
ferred to in this paragraph as the ‘Fund’). 
‘‘(ii) AMOUNTS.—The Fund shall con-
sist 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 Adminis-
trator and the Commandant as pro-
vided in appropriations Acts; and 
‘‘(II) used by the Administrator 
and the Commandant only for pur-
poses of carrying out this subsection. 
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‘‘(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 pas-
senger on a cruise vessel voyage, for use in 
carrying out this subsection. 
‘‘(ii) ADJUSTMENT OF FEE.— 
‘‘(I) IN
GENERAL.—The Com-
mandant and the Administrator shall 
biennially adjust the amount of the 
fee established under clause (i) to re-
flect changes in the Consumer Price 
Index for All Urban Consumers pub-
lished by the Department of Labor 
during the most recent 2-year period 
for which data are available. 
‘‘(II) 
ROUNDING.—The 
Com-
mandant 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 estab-
lishing fees under clause (i), the Com-
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mandant and Administrator may es-
tablish 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 Ad-
ministrator. 
‘‘(iv) 
FEE
SCHEDULES.—Any 
fee 
schedule established under clause (i), in-
cluding 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 consider-
ations. 
‘‘(v) COLLECTION
OF
FEES.—A fee 
established under clause (i) shall be col-
lected by the Administrator or the Com-
mandant from the owner or operator of 
each cruise vessel to which this subsection 
applies. 
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‘‘(vi) DEPOSITS TO FUND.—Notwith-
standing any other provision of law, all 
fees collected under this paragraph, and all 
penalties and payments collected for viola-
tions of this subsection, shall be deposited 
in the Fund. 
‘‘(12) AUTHORIZATION OF APPROPRIATIONS.— 
There are authorized to be appropriated to the Ad-
ministrator and the Commandant such sums as are 
necessary to carry out this subsection for each of fis-
cal years 2010 through 2014.’’. 
Æ 
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