I 
109TH CONGRESS 
1ST SESSION H. R. 1636
To establish national standards for discharges from cruise vessels into the 
waters of the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 14, 2005
Mr. FARR (for himself, Mr. SHAYS, Mr. ABERCROMBIE, Mr. ANDREWS, Mrs. 
CAPPS, Mr. CASE, Mr. GRIJALVA, Mr. HOLT, Mr. HONDA, Mr. LANTOS, 
Ms. LEE, Mr. MCGOVERN, Mr. GEORGE MILLER of California, Mr. 
MORAN of Virginia, Mr. PALLONE, Mrs. TAUSCHER, Mr. WEINER, Ms. 
WOOLSEY, Mr. THOMPSON of California, Mr. UDALL of New Mexico, Ms. 
CARSON, Mr. STARK, Ms. SCHAKOWSKY, Ms. ESHOO, Ms. DELAURO, and 
Ms. LINDA T. SA´NCHEZ of California) introduced the following bill; which 
was referred to the Committee on Transportation and Infrastructure 
A BILL 
To establish national standards for discharges from cruise 
vessels into the waters of the United States, and for 
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Clean Cruise Ship Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Findings and purposes. 
Sec. 3. Definitions. 
Sec. 4. Prohibitions and conditions regarding the discharge of sewage, 
graywater, or bilge water. 
Sec. 5. Effluent limits for discharges of sewage and graywater. 
Sec. 6. Inspection and sampling. 
Sec. 7. Employee protection. 
Sec. 8. Judicial review. 
Sec. 9. Enforcement. 
Sec. 10. Citizen suits. 
Sec. 11. Alaskan cruise vessels. 
Sec. 12. Ballast water. 
Sec. 13. Funding. 
Sec. 14. Effect on other law.
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds that—
(1) cruise vessels carry millions of passengers 
each year, and in 2001 carried 8,400,000 passengers 
in North America; 
(2) cruise vessels carry passengers to and 
through the most beautiful ocean areas in the 
United States and provide many people in the 
United States ample opportunities to relax and learn 
about oceans and marine ecosystems; 
(3) ocean pollution threatens the beautiful and 
inspiring oceans and marine wildlife that many 
cruise vessels intend to present to travelers; 
(4) cruise vessels generate tremendous quan-
tities of pollution, including—
(A) sewage (including sewage sludge); 
(B) graywater from showers, sinks, laun-
dries, baths, and galleys;
(C) oily water; 
(D) toxic chemicals from photo processing, 
dry cleaning, and paints; 
(E) ballast water; 
(F) solid wastes; and 
(G) emissions of air pollutants; 
(5) some of the pollution generated by cruise 
ships, particularly sewage discharge, can lead to 
high levels of nutrients that are known to harm and 
kill coral reefs and which can increase the quantity 
of pathogens in the water and heighten the suscepti-
bility of many coral species to scarring and disease; 
(6) laws (including regulations) in effect as of 
the date of enactment of this Act do not provide 
adequate controls, monitoring, or enforcement of 
certain discharges from cruise vessels into the wa-
ters of the United States; and 
(7) to protect coastal and ocean areas of the 
United States from pollution generated by cruise 
vessels, new Federal legislation is needed to reduce 
and better regulate discharges from cruise vessels, 
and to improve monitoring, reporting, and enforce-
ment of discharges. 
(b) PURPOSES.—The purposes of this Act are—
(1) to prevent the discharge of any untreated 
sewage or graywater from a cruise vessel entering 
ports of the United States into the waters of the 
United States; 
(2) to prevent the discharge of any treated sew-
age, sewage sludge, graywater, or bilge water from 
cruise vessels entering ports of the United States 
into the territorial sea; 
(3) to establish new national effluent limits and 
management standards for the discharge of treated 
sewage or graywater from cruise vessels entering 
ports of the United States into the exclusive eco-
nomic zone of the United States in any case in 
which the discharge is not within an area in which 
discharges are prohibited; and 
(4) to ensure that cruise vessels entering ports 
of the United States comply with all applicable envi-
ronmental laws. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) COMMANDANT.—The term ‘‘Commandant’’ 
means the Commandant of the Coast Guard. 
(2) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(3) TERRITORIAL SEA.—
(A) IN GENERAL.—The term ‘‘territorial 
sea’’ means the belt of the sea measured from 
the baseline of the United States determined in 
accordance with international law, as set forth 
in Presidential Proclamation number 5928, 
dated December 27, 1988. 
(B) INCLUSION.—The term ‘‘territorial 
sea’’ includes the waters lying seaward of the 
line of ordinary low water and extending to the 
baseline of the United States described in sub-
paragraph (A). 
(4) EXCLUSIVE
ECONOMIC
ZONE.—The term 
‘‘exclusive economic zone’’ means the Exclusive Eco-
nomic Zone of the United States established by 
Presidential Proclamation number 5030, dated 
March 10, 1983. 
(5) WATERS
OF
THE
UNITED
STATES.—The 
term ‘‘waters of the United States’’ means the wa-
ters of the territorial sea, the exclusive economic 
zone, and the Great Lakes. 
(6) GREAT
LAKE.—The term ‘‘Great Lake’’ 
means— 
(A) Lake Erie;
(B) Lake Huron (including Lake Saint 
Clair); 
(C) Lake Michigan; 
(D) Lake Ontario; and 
(E) Lake Superior. 
(7) CRUISE VESSEL.—
(A) IN GENERAL.—The term ‘‘cruise ves-
sel’’ means a passenger vessel (as defined in 
section 2101(22) of title 46, United States 
Code), that—
(i) is authorized to carry at least 250 
passengers; and 
(ii) has onboard sleeping facilities for 
each passenger. 
(B) EXCLUSIONS.—The term ‘‘cruise ves-
sel’’ does not include—
(i) a vessel of the United States oper-
ated by the Federal Government; or 
(ii) a vessel owned and operated by 
the government of a State. 
(8) PASSENGER.—
(A) IN GENERAL.—The term ‘‘passenger’’ 
means any person on board a cruise vessel for 
the purpose of travel.
(B) INCLUSIONS.—The term ‘‘passenger’’ 
includes—
(i) a paying passenger; and 
(ii) a staffperson, such as a crew 
member, captain, or officer. 
(9) PERSON.—The term ‘‘person’’ means—
(A) an individual; 
(B) a corporation; 
(C) a partnership; 
(D) a limited liability company; 
(E) an association; 
(F) a State; 
(G) a municipality; 
(H) a commission or political subdivision 
of a State; and 
(I) an Indian tribe. 
(10) CITIZEN.—The term ‘‘citizen’’ means a 
person that has an interest that is or may be ad-
versely affected by any provision of this Act. 
(11) DISCHARGE.—
(A) IN GENERAL.—The term ‘‘discharge’’ 
means a release of any substance, however 
caused, from a cruise vessel. 
(B) INCLUSIONS.—The term ‘‘discharge’’ 
includes any escape, disposal, spilling, leaking,
pumping, emitting or emptying of any sub-
stance. 
(12) SEWAGE.—The term ‘‘sewage’’ means—
(A) human body wastes; 
(B) the wastes from toilets and other re-
ceptacles intended to receive or retain human 
body wastes; and 
(C) sewage sludge. 
(13) GRAYWATER.—The term ‘‘graywater’’ 
means galley, dishwasher, bath, and laundry waste 
water. 
(14) BILGE WATER.—The term ‘‘bilge water’’ 
means wastewater that includes lubrication oils, 
transmission oils, oil sludge or slops, fuel or oil 
sludge, used oil, used fuel or fuel filters, or oily 
waste. 
(15) SEWAGE SLUDGE.—
(A) IN
GENERAL.—The term ‘‘sewage 
sludge’’ means any solid, semi-solid, or liquid 
residue removed during the treatment of munic-
ipal waste water or domestic sewage. 
(B) 
INCLUSIONS.—The 
term 
‘‘sewage 
sludge’’ includes—
(i) solids removed during primary, 
secondary, or advanced waste water treat-
ment; 
(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); and 
(vi) sewage sludge products. 
(C) 
EXCLUSIONS.—The 
term 
‘‘sewage 
sludge’’ does not include—
(i) grit or screenings; or 
(ii) ash generated during the inciner-
ation of sewage sludge. 
(16) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given in section 4 of the Indian 
Self-Determination and Education Assistance Act 
(25 U.S.C. 450b). 
SEC. 4. PROHIBITIONS AND CONDITIONS REGARDING THE 
DISCHARGE OF SEWAGE, GRAYWATER, OR 
BILGE WATER. 
(a) PROHIBITION.—
(1) IN GENERAL.—Except as provided in para-
graph (2) and section 11, no cruise vessel entering
a port of the United States may discharge sewage, 
graywater, or bilge water into the waters of the 
United States. 
(2) EXCEPTION.—A cruise vessel described in 
paragraph (1) may discharge sewage, graywater, or 
bilge water into the exclusive economic zone but out-
side the territorial sea, or, in the case of the Great 
Lakes, beyond any point that is 12 miles from the 
shore, only if—
(A)(i) in the case of a discharge of sewage 
or graywater, the discharge meets all applicable 
effluent limits established under this Act and is 
in accordance with all other applicable laws (in-
cluding regulations); or 
(ii) in the case of a discharge of bilge 
water, the discharge is in accordance with all 
applicable laws (including regulations); 
(B) the cruise vessel meets all applicable 
management standards established under this 
Act; and 
(C) the cruise vessel is not discharging in 
an area in which the discharge is otherwise pro-
hibited. 
(b) SAFETY EXCEPTION.—
(1) SCOPE
OF
EXCEPTION.—Subsection (a) 
shall not apply in any case in which—
(A) a discharge is made solely for the pur-
pose of securing the safety of the cruise vessel 
or saving a human life at sea; and 
(B) all reasonable precautions have been 
taken for the purpose of preventing or mini-
mizing the discharge. 
(2) NOTIFICATION OF COMMANDANT.—
(A) IN GENERAL.—If the owner, operator, 
or master, or other individual in charge, of a 
cruise vessel authorizes a discharge described in 
paragraph (1), the individual shall notify the 
Commandant of the decision to authorize the 
discharge as soon as practicable, but not later 
than 24 hours, after authorizing the discharge. 
(B) REPORT.—Not later than 7 days after 
the date on which an individual described in 
subparagraph (A) notifies the Commandant of 
an authorization of a discharge under the safety 
exception under this paragraph, the individual 
shall submit to the Commandant a report that 
includes—
(i) the quantity and composition of 
each discharge made under the safety ex-
ception; 
(ii) the reason for authorizing each 
discharge; 
(iii) the location of the vessel during 
the course of each discharge; and 
(iv) such other supporting information 
and data as are requested by the Com-
mandant. 
SEC. 5. EFFLUENT LIMITS FOR DISCHARGES OF SEWAGE 
AND GRAYWATER. 
(a) EFFLUENT LIMITS.—
(1) IN GENERAL.—Not later than 3 years after 
the date of enactment of this Act, the Commandant 
and the Administrator shall jointly promulgate efflu-
ent limits for sewage and graywater discharges from 
cruise vessels entering ports of the United States. 
(2) 
REQUIREMENTS.—The 
effluent 
limits 
shall—
(A) require the application of the best 
available technology that will result in the 
greatest level of effluent reduction achievable, 
recognizing that the national goal is the elimi-
nation of the discharge of all pollutants in sew-
age and graywater by cruise vessels into the wa-
ters of the United States by 2016; and 
(B) require compliance with all relevant 
water quality criteria standards. 
(b) MINIMUM LIMITS.—The effluent limits under 
subsection (a) shall require, at a minimum, that treated 
sewage and graywater effluent discharges from cruise ves-
sels shall, not later than 3 years after the date of enact-
ment of this Act, meet the following standards: 
(1) IN GENERAL.—The discharge satisfies the 
minimum level of effluent quality specified in section 
133.102 of title 40, Code of Regulations (or a suc-
cessor regulation). 
(2) FECAL
COLIFORM.—With respect to the 
samples from the discharge during any 30-day pe-
riod—
(A) the geometric mean of the samples 
shall not exceed 20 fecal coliform per 100 milli-
liters; and 
(B) not more than 10 percent of the sam-
ples shall exceed 40 fecal coliform per 100 milli-
liters. 
(3) RESIDUAL
CHLORINE.—Concentrations of 
total residual chlorine in samples shall not exceed 10 
milligrams per liter.
(c) REVIEW AND REVISION OF EFFLUENT LIMITS.—
The Commandant and the Administrator shall jointly—
(1) review the effluent limits required by sub-
section (a) at least once every 3 years; and 
(2) revise the effluent limits as necessary to in-
corporate technology available at the time of the re-
view in accordance with subsection (a)(2). 
SEC. 6. INSPECTION AND SAMPLING. 
(a) DEVELOPMENT AND IMPLEMENTATION OF IN-
SPECTION PROGRAM.—
(1) IN GENERAL.—The Commandant, in con-
sultation with the Administrator, shall promulgate 
regulations to implement an inspection, sampling, 
and testing program sufficient to verify that cruise 
vessels calling on ports of the United States are in 
compliance with—
(A) this Act (including regulations promul-
gated under this Act); 
(B) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.) (including regula-
tions promulgated under that Act); 
(C) other applicable Federal laws and reg-
ulations; and 
(D) all applicable requirements of inter-
national agreements.
(2) INSPECTIONS.—The program shall require 
that—
(A) regular announced and unannounced 
inspections be conducted of any relevant aspect 
of cruise vessel operations, equipment, or dis-
charges, including sampling and testing of 
cruise vessel discharges; and 
(B) each cruise vessel that calls on a port 
of the United States shall be subject to an un-
announced inspection at least annually. 
(b) REGULATIONS.—Not later than 1 year after the 
date of enactment of this Act, the Commandant, in con-
sultation with the Administrator, shall promulgate regula-
tions that, at a minimum—
(1) require the owner, operator, or master, or 
other individual in charge, of a cruise vessel to main-
tain and produce a logbook detailing the times, 
types, volumes, and flow rates, origins, and locations 
of any discharges from the cruise vessel; 
(2) provide for routine announced and unan-
nounced inspections of—
(A) cruise vessel environmental compliance 
records and procedures; and 
(B) the functionality and proper operation 
of installed equipment for abatement and con-