,,ii #aacth ,,congress #ast ,session ,s4 #acei ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bd1 #bjac ,mr4 ,durbin introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend the ,federal ,water ,pollution ,control ,act to establish national standards for discharges from cruise vessels4 #a4 ,short title ,this ,act may be cited as the ,clean ,cruise ,ship ,act of #bjac4 #b4 ,findings and purposes 7a7 ,findings ,congress finds that-- 7#a7 cruise ships carry millions of passengers through ,north ,american waters each year1 showcase some of the most beautiful ocean and coastal environments in the ,united ,states1 and provide opportunities for passengers to relax and enjoy oceans and marine ecosystems2 7#b7 the natural beauty and health of the ocean and coastal environment is what draws passengers to travel along these waterways by ship2 7#c7 protecting the natural environment is beneficial to both the environment and to the cruise industry2 7#d7 the number of cruise passengers continues to grow1 making the cruise industry #a of the fastest growing tourism sectors in the world2 7#e7 in #bjaj1 more than #aj1jjj1jjj passengers departed from ,north ,america on thousands of cruise ships2 7#f7 as of #bjaj1 the average annual growth rate of cruise passengers is #g4e percent2 7#g7 during the #b decades preceding the date of enactment of this ,act1 the average cruise ship size has increased at a rate of approximately #ij feet every #e years2 7#h7 an average-sized cruise vessel generates millions of gallons of liquid waste and many tons of solid waste2 7#i7 in just #a week1 a #c1jjj-passenger cruise ship generates approximately #bjj1jjj gallons of human sewage1 more than #a1jjj1jjj gallons of water from showers and sinks and dishwashing water 7commonly known as graywater71 more than #h tons of solid waste1 and toxic wastes from dry cleaning and photo-processing laboratories2 7#aj7 in an ,environmental ,protection ,agency survey of #bi ships traveling in ,alaskan waters1 reported sewage generation rates ranged from #a1jjj to #gd1jjj gallons per day per vessel1 with the average volume of sewage generated being #ba1jjj gallons per day per vessel2 7#aa7 those frequently untreated cruise ship discharges deliver nutrients1 hazardous substances1 pharmaceuticals1 and human pathogens1 including viruses and bacteria1 directly into the marine environment2 7#ab7 in the final report of the ,united ,states ,commission on ,ocean ,policy1 that ,commission found that cruise ship discharges1 if not treated and disposed of properly1 and the cumulative impacts caused when cruise ships repeatedly visit the same environmentally sensitive areas1 can be a significant source of pathogens and nutrients with the potential to threaten human health and damage shellfish beds1 coral reefs1 and other aquatic life2 7#ac7 pollution from cruise ships not only has the potential to threaten marine life and human health through consumption of contaminated seafood1 but also poses a health risk for recreational swimmers1 surfers1 and other beachgoers2 7#ad7 according to the ,environmental ,protection ,agency1 ,sewage may host many pathogens of concern to human health1 including ,salmonella1 ,shigella1 ,hepatitis ,a and ,e1 and gastro-intestinal viruses4 ,sewage contamination in swimming areas and shellfish beds poses potential risks to human health and the environment by increasing the rate of waterborne illnesses2 7#ae7 the nutrient pollution from human sewage discharges from cruise ships can contribute to the incidence of harmful algal blooms2 7#af7 algal blooms have been implicated in the deaths of marine life1 including the deaths of more than #aej manatees off the coast of ,florida2 7#ag7 in a #bjje report requested by the ,international ,council of ,cruise ,lines1 the ,science ,panel of the ,ocean ,conservation and ,tourism ,alliance recommended that-- 7,a7 8all blackwater should be treated02 7,b7 treated blackwater should be 8avoided in ports1 close to bathing beaches or water bodies with restricted circulation1 flushing or inflow02 and 7,c7 blackwater should not be discharged within #d nautical miles of shellfish beds1 coral reefs1 or other sensitive habitats2 7#ah7 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 facilities2 7#ai7 in a summary of recommendations for addressing unabated point sources of pollution1 the ,pew ,oceans ,commission states that1 8,congress should enact legislation that regulates wastewater discharges from cruise ships under the ,clean ,water ,act by establishing uniform minimum standards for discharges in all ,state waters and prohibiting discharges within the ,u4,s4 ,exclusive ,economic ,zone that do not meet effluent standards402 and 7#bj7 a comprehensive statutory regime for managing pollution discharges from cruise vessels1 applicable throughout the ,united ,states1 is needed-- 7,a7 to protect coastal and ocean areas from pollution generated by cruise vessels2 7,b7 to reduce and better regulate discharges from cruise vessels2 and 7,c7 to improve monitoring1 reporting1 and enforcement of standards regarding discharges4 7b7 ,purpose ,the purpose of this ,act is to amend the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 to establish national standards and prohibitions for discharges from cruise vessels4 #c4 ,cruise vessel discharges ,section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7 is amended by adding at the end the following3 7s7 ,cruise vessel discharges 7#a7 ,definitions ,in this subsection3 7,a7 ,bilge water 7i7 ,in general ,the term bilge water means wastewater4 7ii7 ,inclusions ,the term bilge water includes lubrication oils1 transmission oils1 oil sludge or slops1 fuel or oil sludge1 used oil1 used fuel or fuel filters1 and oily waste4 7,b7 ,commandant ,the term ,commandant means the ,commandant of the ,coast ,guard4 7,c7 ,cruise vessel 7i7 ,in general ,the term cruise vessel means a passenger vessel that-- 7,i7 is authorized to carry at least #bej passengers2 and 7,,ii7 has onboard sleeping facilities for each passenger4 7ii7 ,exclusions ,the term cruise vessel does not include-- 7,i7 a vessel of the ,united ,states operated by the ,federal ,government2 7,,ii7 a vessel owned and operated by the government of a ,state2 or 7,,iii7 a vessel owned by a local government4 7,d7 ,discharge ,the term discharge means the release1 escape1 disposal1 spilling1 leaking1 pumping1 emitting1 or emptying of bilge water1 graywater1 hazardous waste1 incinerator ash1 sewage1 sewage sludge1 trash1 or garbage from a cruise vessel into the environment1 however caused1 other than-- 7i7 at an approved shoreside reception facility1 if applicable2 and 7ii7 in compliance with all applicable ,federal1 ,state1 and local laws 7including regulations74 7,e7 ,exclusive economic zone ,the term exclusive economic zone has the meaning given the term in section #baja of title #df1 ,united ,states ,code 7as in effect on the day before the date of enactment of ,public ,law #aji-cjd 7#abj ,stat4 #adhe774 7,f7 ,fund ,the term ,fund means the ,cruise ,vessel ,pollution ,control ,fund established by paragraph 7#aa77;,a77i74 7,g7 ,garbage ,the term garbage means solid waste from food preparation1 service and disposal activities1 even if shredded1 ground1 processed1 or treated to comply with other requirements4 7,h7 ,graywater 7i7 ,in general ,the term graywater means galley water1 dishwasher1 and bath1 shower1 and washbasin water4 7ii7 ,inclusions ,the term graywater includes1 to the extent not already covered under provisions of law relating to hazardous waste-- 7,i7 spa1 pool1 and laundry wastewater2 7,,ii7 wastes from soot tanker or economizer cleaning2 7,,iii7 wastes from photo processing2 7,,iv7 wastes from vessel interior surface cleaning2 and 7,v7 miscellaneous equipment and process wastewater4 7,i7 ,hazardous waste ,the term hazardous waste has the meaning given the term in section #fijc of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fijc74 7,j7 ,incinerator ash ,the term incinerator ash means ash generated during the incineration of solid waste or sewage sludge4 7,k7 ,new vessel ,the term new vessel means a vessel1 the construction of which is initiated after promulgation of standards and regulations under this subsection4 7,l7 ,no-discharge zone 7i7 ,in general ,the term no-discharge zone means an area of ecological importance1 whether designated by ,federal1 ,state1 or local authorities4 7ii7 ,inclusions ,the term no-discharge zone includes-- 7,i7 a marine sanctuary2 7,,ii7 a marine protected area2 7,,iii7 a marine reserve2 and 7,,iv7 a marine national monument4 7,m7 ,passenger ,the term passenger means any person 7including a paying passenger and any staff member1 such as a crew member1 captain1 or officer7 traveling on board a cruise vessel4 7,n7 ,sewage ,the term sewage means-- 7i7 human and animal body wastes2 and 7ii7 wastes from toilets and other receptacles intended to receive or retain human and animal body wastes4 7,o7 ,sewage sludge 7i7 ,in general ,the term sewage sludge means any solid1 semi-solid1 or liquid residue removed during the treatment of on-board sewage4 7ii7 ,inclusions ,the term sewage sludge includes-- 7,i7 solids removed during primary1 secondary1 or advanced wastewater treatment2 7,,ii7 scum2 7,,iii7 septage2 7,,iv7 portable toilet pumpings2 7,v7 type ,,iii marine sanitation device pumpings 7as defined in part #aei of title #cc1 ,code of ,federal ,regulations 7or a successor regulation772 and 7,,vi7 sewage sludge products4 7iii7 ,exclusions ,the term sewage sludge does not include-- 7,i7 grit or screenings2 or 7,,ii7 ash generated during the incineration of sewage sludge4 7,p7 ,trash ,the term trash means solid waste from vessel operations and passenger services1 even if shredded1 ground1 processed1 or treated to comply with other regulations4 7#b7 ,prohibitions 7,a7 ,prohibition on discharge of sewage sludge1 incinerator ash1 and hazardous waste 7i7 ,in general ,except as provided by subparagraph 7,c71 no cruise vessel departing from1 or calling on1 a port of the ,united ,states may discharge sewage sludge1 incinerator ash1 or hazardous waste into navigable waters1 including the contiguous zone and the exclusive economic zone4 7ii7 ,off-loading ,sewage sludge1 incinerator ash1 and hazardous waste described in clause 7i7 shall be off-loaded at an appropriate land-based facility4 7,b7 ,prohibition on discharge of sewage1 graywater1 and bilge water 7i7 ,in general ,except as provided by subparagraph 7,c71 no cruise vessel departing from or calling on1 a port of the ,united ,states may discharge sewage1 graywater1 or bilge water into navigable waters1 including the contiguous zone and the exclusive economic zone1 unless-- 7,i7 the sewage1 graywater1 or bilge water is treated to meet all applicable effluent limits established under this section and is in accordance with all other applicable laws2 7,,ii7 the cruise vessel is underway and proceeding at a speed of not less than #f knots2 7,,iii7 the cruise vessel is more than #ab nautical miles from shore2 and 7,,iv7 the cruise vessel complies with all applicable standards established under this ,act4 7ii7 ,no-discharge zones ,notwithstanding any other provision of this paragraph1 no cruise vessel departing from1 or calling on1 a port of the ,united ,states may discharge treated or untreated sewage1 graywater1 or bilge water into a no-discharge zone4 7,c7 ,safety exception 7i7 ,scope of exception ,subparagraphs 7,a7 and 7,b7 shall not apply in any case in which-- 7,i7 a discharge is made solely for the purpose of securing the safety of the cruise vessel or saving human life at sea2 and 7,,ii7 all reasonable precautions have been taken to prevent or minimize the discharge4 7ii7 ,notification 7,i7 ,in general ,if the owner1 operator1 master1 or other person in charge of a cruise vessel authorizes a discharge described in clause 7i71 the person shall notify the ,administrator and the ,commandant of the decision to authorize the discharge as soon as practicable1 but not later than #bd hours1 after authorizing the discharge4 7,,ii7 ,report ,not later than #g days after the date on which a discharge described in clause 7i7 occurs1 the owner1 operator1 master1 or other person in charge of a cruise vessel1 shall submit to the ,administrator and the ,commandant a report that describes-- 7aa7 the quantity and composition of each discharge authorized under clause 7i72 7bb7 the reason for authorizing each such discharge2 7cc7 the location of the vessel during the course of each such discharge2 and 7dd7 such other supporting information and data as are requested by the ,commandant or the ,administrator4 7,,iii7 ,disclosure of reports ,upon receiving a report under subclause 7,,ii71 the ,administrator shall make the report available to the public4 7#c7 ,effluent limits 7,a7 ,effluent limits for discharges of sewage1 graywater1 and bilge water 7i7 ,in general ,not later than #a year after the date of enactment of this subsection1 the ,administrator shall promulgate effluent limits for sewage1 graywater1 and bilge water discharges from cruise vessels4 7ii7 ,requirements ,the effluent limits shall-- 7,i7 be consistent with the capability of the best available technology to treat effluent2 7,,ii7 take into account the best available scientific information on the environmental effects of sewage1 graywater1 and bilge water discharges1 including conventional1 nontoxic1 and toxic pollutants and petroleum2 7,,iii7 take into account marine life and ecosystems1 including coral reefs1 shell fish beds1 endangered species1 marine mammals1 seabirds1 and marine ecosystems2 7,,iv7 take into account conditions that will affect marine life1 ecosystems1 and human health1 including seamounts1 continental shelves1 oceanic fronts1 warm core and cold core rings1 and ocean currents2 and 7,v7 require compliance with all relevant ,federal and ,state water quality standards4 7iii7 ,minimum limits ,the effluent limits promulgated under clause 7i7 shall require1 at a minimum1 that treated sewage1 treated graywater1 and treated bilge water effluent discharges from cruise vessels1 measured at the point of discharge1 shall1 not later than the date described in subparagraph 7,c7-- 7,i7 satisfy the minimum level of effluent quality specified in section #acc4ajb of title #dj1 ,code of ,federal ,regulations 7or a successor regulation72 and 7,,ii7 with respect to the samples from the discharge during any #cj-;day period-- 7aa7 have a geometric mean that does not exceed #bj fecal coliform per #ajj milliliters2 7bb7 not exceed #dj fecal coliform per #ajj milliliters in more than #aj percent of the samples2 and 7cc7 with respect to concentrations of total residual chlorine1 not exceed #aj milligrams per liter4 7,b7 ,review and revision of effluent limits ,the ,administrator shall-- 7i7 review the effluent limits promulgated under subparagraph 7,a7 at least once every #e years2 and 7ii7 revise the effluent limits to incorporate technology available at the time of the review in accordance with subparagraph 7,a77ii74 7,c7 ,compliance date ,the ,administrator shall require compliance with the effluent limits promulgated pursuant to subparagraph 7,a7-- 7i7 with respect to new vessels put into water after the date of enactment of this subsection1 as of the date that is #ahj days after the date of promulgation of the effluent limits2 and 7ii7 with respect to vessels in use as of that date of enactment1 as of the date that is #a year after the date of promulgation of the effluent limits4 7,d7 ,sampling1 monitoring1 and reporting 7i7 ,in general ,the ,administrator shall require sampling1 monitoring1 and reporting to ensure compliance with-- 7,i7 the effluent limitations promulgated under subparagraph 7,a72 7,,ii7 all other applicable provisions of this ,act2 7,,iii7 any regulations promulgated under this ,act2 7,,iv7 other applicable ,federal laws 7including regulations72 and 7,v7 all applicable international treaty requirements4 7ii7 ,responsibilities of persons in charge of cruise vessels ,the owner1 operator1 master1 or other person in charge of a cruise vessel1 shall at a minimum-- 7,i7 conduct sampling or testing at the point of discharge on a monthly basis1 or more frequently1 as determined by the ,administrator2 7,,ii7 provide real-time data to the ,administrator1 using telemetric or other similar technology1 for reporting relating to-- 7aa7 discharges of sewage1 graywater1 and bilge water from cruise vessels2 7bb7 pollutants emitted in sewage1 graywater1 and bilge water from cruise vessels2 and 7cc7 functioning of cruise vessel components relating to fuel consumption and control of air and water pollution2 7,,iii7 ensure1 to the maximum extent practicable1 that technologies providing real-time data have the ability to record-- 7aa7 the location and time of discharges from cruise vessels2 7bb7 the source1 content1 and volume of the discharges2 and 7cc7 the operational state of components relating to pollution control technology at the time of the discharges1 including whether the components are operating correctly2 7,,iv7 establish chains of custody1 analysis protocols1 and other specific information necessary to ensure that the sampling1 testing1 and records of that sampling and testing are reliable2 and 7,v7 maintain1 and provide on a monthly basis to the ,administrator1 electronic copies of required sampling and testing data4 7iii7 ,reporting requirements ,the ,administrator shall require the compilation and production1 and not later than #a year after the date of enactment of this subsection and biennially thereafter1 the provision to the ,administrator and the ,commandant in electronic format1 of documentation for each cruise vessel that includes1 at a minimum-- 7,i7 a detailed description of onboard waste treatment mechanisms in use by the cruise vessel1 including the manufacturer of the waste treatment technology on board2 7,,ii7 a detailed description of onboard sludge management practices of the cruise vessel2 7,,iii7 copies of applicable hazardous materials forms2 7,,iv7 a characterization of the nature1 type1 and composition of discharges by the cruise vessel2 7,v7 a determination of the volumes of those discharges1 including average volumes2 and 7,,vi7 the locations1 including the more common locations1 of those discharges4 7iv7 ,shoreside disposal ,the ,administrator shall require documentation of shoreside disposal at approved facilities for all wastes by1 at a minimum-- 7,i7 establishing standardized forms for the receipt of those wastes2 7,,ii7 requiring those receipts to be sent electronically to the ,administrator and ,commandant and maintained in an onboard record book2 and 7,,iii7 requiring those receipts to be signed and dated by the owner1 operator1 master1 or other person in charge of the discharging vessel and the authorized representative of the receiving facility4 7v7 ,regulations ,not later than #ah months after the date of enactment of this subsection1 the ,administrator1 in consultation with the ,commandant1 shall promulgate regulations that1 at a minimum1 implement the sampling1 monitoring1 and reporting protocols required by this subparagraph4 7#d7 ,inspection program 7,a7 ,in general ,the ,administrator shall establish an inspection program to require that-- 7i7 regular announced and unannounced inspections be conducted of any relevant aspect of cruise vessel operations1 equipment1 or discharges1 including sampling and testing of cruise vessel discharges2 7ii7 each cruise vessel that calls on a port of the ,united ,states be subject to an unannounced inspection at least once per year2 and 7iii7 inspections be carried out by the ,environmental ,protection ,agency or the ,coast ,guard4 7,b7 ,coast ,guard inspections ,if the ,administrator and the ,commandant jointly agree that some or all inspections are to be carried out by the ,coast ,guard1 the inspections shall-- 7i7 occur outside the ,coast ,guard matrix system for setting boarding priorities2 7ii7 be consistent across ,coast ,guard districts2 and 7iii7 be conducted by specially-trained environmental inspectors4 7,c7 ,regulations ,not later than #ah months after the date of enactment of this subsection1 the ,administrator1 in consultation with the ,commandant1 shall promulgate regulations that1 at a minimum-- 7i7 designate responsibility for conducting inspections2 7ii7 require the owner1 operator1 master1 or other person in charge of a cruise vessel to maintain and submit a logbook detailing the times1 types1 volumes1 flow rates1 origins1 and specific locations of1 and explanations for1 any discharges from the cruise vessel not otherwise required by the ,international ,convention for the ,prevention of ,pollution from ,ships1 #aigc 7done at ,london on ,november #b1 #aigc2 entered into force on ,october #b1 #aihc71 as modified by the ,protocol of #aigh relating to the ,international ,convention for the ,prevention of ,pollution from ,ships1 #aigc 7done at ,london1 ,february #ag1 #aigh72 7iii7 provide for routine announced and unannounced inspections of-- 7,i7 cruise vessel environmental compliance records and procedures2 and 7,,ii7 the functionality1 sufficiency1 redundancy1 and proper operation and maintenance of installed equipment for abatement and control of any cruise vessel discharge 7including equipment intended to treat sewage1 graywater1 or bilge water72 7iv7 ensure that-- 7,i7 all crew members are informed of1 in the native language of the crew members1 and understand1 the pollution control obligations under this subsection1 including regulations promulgated under this subsection2 and 7,,ii7 applicable crew members are sufficiently trained and competent to comply with requirements under this subsection1 including sufficient training and competence-- 7aa7 to effectively operate shipboard pollution control systems2 7bb7 to conduct all necessary sampling and testing2 and 7cc7 to monitor and comply with recording requirements2 7v7 require that operating manuals be on the cruise vessel and accessible to all crew members2 7vi7 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 crews2 7vii7 require any owner1 operator1 master1 or other person in charge of a cruise vessel1 who has knowledge of a discharge from the cruise vessel in violation of this subsection1 including regulations promulgated under this subsection1 to report immediately the discharge to the ,administrator and the ,commandant2 7viii7 require the owner1 operator1 master1 or other person in charge of a cruise vessel to provide1 not later than #a year after the date of enactment of this subsection1 to the ,administrator1 ,commandant1 and on-board observers 7including designated representatives71 a copy of cruise vessel plans1 including-- 7,i7 piping schematic diagrams2 7,,ii7 construction drawings2 and 7,,iii7 drawings or diagrams of storage systems1 processing1 treating1 intake1 or discharge systems1 and any modifications of those systems 7within the year during which the modifications are made72 and 7ix7 inhibit illegal discharges by prohibiting all means of altering piping1 tankage1 pumps1 valves1 and processes to bypass or circumvent measures or equipment designed to monitor1 sample1 or prevent discharges4 7,d7 ,disclosure of logbooks ,the logbook described in subparagraph 7,c77ii7 shall be submitted to the ,administrator and the ,commandant4 7#e7 ,cruise observer program 7,a7 ,in general ,not later than #ah months after the date of enactment of this subsection1 the ,commandant1 in consultation with the ,administrator1 shall establish and carry out a program for the hiring and placement of #a or more trained1 independent1 observers on each cruise vessel4 7,b7 ,purpose ,the purpose of the cruise observer program established under subparagraph 7,a7 is to monitor and inspect cruise vessel operations1 equipment1 and discharges to ensure compliance with-- 7i7 this subsection 7including regulations promulgated under this subsection72 and 7ii7 all other relevant ,federal and ,state laws and international agreements4 7,c7 ,regulations ,not later than #ah months after the date of enactment of this subsection1 the ,commandant1 in consultation with the ,administrator and the ,attorney ,general1 shall promulgate regulations that1 at a minimum-- 7i7 specify that the ,coast ,guard shall be responsible for the hiring of observers2 7ii7 specify the qualifications1 experience1 and duties of the observers2 7iii7 specify methods and criteria for ,coast ,guard hiring of observers2 7iv7 establish the means for ensuring constant observer coverage and allowing for observer relief and rotation2 and 7v7 establish an appropriate rate of pay to ensure that observers are highly trained and retained by the ,coast ,guard4 7,d7 ,responsibilities ,cruise observers participating in the program established under subparagraph 7,a7 shall-- 7i7 observe and inspect-- 7,i7 onboard liquid and solid handling and processing systems2 7,,ii7 onboard environmental treatment systems2 7,,iii7 use of shore-based treatment and storage facilities2 7,,iv7 discharges and discharge practices2 and 7,v7 documents relating to environmental compliance1 including-- 7aa7 sounding boards1 logs1 and logbooks2 7bb7 daily and corporate maintenance and engineers' logbooks2 7cc7 fuel1 sludge1 slop1 waste1 and ballast tank capacity tables2 7dd7 installation1 maintenance1 and operation records for oily water separators1 incinerators1 and boilers2 7ee7 piping diagrams2 7ff7 e-mail archives2 7gg7 receipts for the transfer of materials1 including waste disposal2 7hh7 air emissions data2 and 7ii7 electronic and other records of relevant information1 including fuel consumption1 maintenance1 and spares ordering for all waste processing- and pollution-related equipment2 7ii7 have the authority to interview and otherwise query any crew member with knowledge of cruise vessel operations2 7iii7 have access to all data and information made available to government officials under this subsection2 7iv7 immediately report any known or suspected violation of this subsection or any other applicable ,federal law or international agreement to-- 7,i7 the owner1 operator1 master1 or other person in charge of a cruise vessel2 7,,ii7 the ,commandant2 and 7,,iii7 the ,administrator2 7v7 maintain inspection records to be submitted to the ,commandant and the ,administrator on a semiannual basis2 and 7vi7 have authority to conduct the full range of duties of the observers within the ,united ,states territorial seas1 contiguous zone1 and exclusive economic zone4 7,e7 ,program evaluation ,the cruise observer program established and carried out by the ,commandant under subparagraph 7,a7 shall include-- 7i7 a method for collecting and reviewing data relating to the efficiency1 sufficiency1 and operation of the cruise observer program1 including-- 7,i7 the ability to achieve program goals2 7,,ii7 cruise vessel personnel cooperation2 7,,iii7 necessary equipment and analytical resources2 and 7,,iv7 the need for additional observer training2 and 7ii7 a process for adopting periodic revisions to the program based on the data collected under clause 7i74 7,f7 ,observer support ,not later than #ah months after the date of enactment of this subsection1 the ,commandant1 in consultation with the ,administrator1 shall implement a program to provide support to observers1 including1 at a minimum-- 7i7 training for observers to ensure the ability of the observers to carry out this paragraph2 7ii7 necessary equipment and analytical resources1 such as laboratories1 to carry out the responsibilities established under this subsection2 and 7iii7 support relating to the administration of the program and the response to any recalcitrant cruise vessel personnel4 7,g7 ,report ,not later than #c years after the date of establishment of the program under this paragraph1 the ,commandant1 in consultation with the ,administrator1 shall submit to ,congress a report describing-- 7i7 the results of the program in terms of observer effectiveness1 optimal coverage1 environmental benefits1 and cruise ship cooperation2 7ii7 recommendations for increased effectiveness1 including increased training needs and increased equipment needs2 and 7iii7 other recommendations for improvement of the program4 7#f7 ,rewards 7,a7 ,payments to individuals 7i7 ,in general ,the ,administrator or a court of competent jurisdiction1 as the case may be1 may order payment1 from a civil penalty or criminal fine collected for a violation of this subsection1 of an amount not to exceed of the amount of the civil penalty or criminal fine1 to any individual who furnishes information that leads to the payment of the civil penalty or criminal fine4 7ii7 ,multiple individuals ,if #b or more individuals provide information described in clause 7i71 the amount available for payment as a reward shall be divided equitably among the individuals4 7iii7 ,ineligible individuals ,no officer or employee of the ,united ,states1 a ,state1 or an ,indian tribe who furnishes information or renders service in the performance of the official duties of the officer or employee shall be eligible for a reward payment under this paragraph4 7,b7 ,payments to ,indian tribes ,the ,administrator or a court of competent jurisdiction1 as the case may be1 may order payment1 from a civil penalty or criminal fine collected for a violation of this subsection1 to an ,indian tribe providing information or investigative assistance that leads to payment of the penalty or fine1 of an amount that reflects the level of information or investigative assistance provided4 7,c7 ,payments divided among ,indian tribes and individuals ,in a case in which an ,indian tribe and an individual under subparagraph 7,a7 are eligible to receive a reward payment under this paragraph1 the ,administrator or the court shall divide the amount available for the reward equitably among those recipients4 7#g7 ,liability in rem ,a cruise vessel operated in violation of this subsection or any regulation promulgated under this subsection-- 7,a7 shall be liable in rem for any civil penalty or criminal fine imposed for the violation2 and 7,b7 may be subject to a proceeding instituted in any ,united ,states district court of competent jurisdiction4 7#h7 ,permit requirement ,a cruise vessel may operate in the waters of the ,united ,states1 or visit a port or place under the jurisdiction of the ,united ,states1 only if the cruise vessel has been issued a permit under this section4 7#i7 ,nonapplicability of certain provisions ,paragraphs 7#f77;,a7 and 7#ab77;,b7 of section #ejb shall not apply to any cruise vessel4 7#aj7 ,statutory or common law rights not restricted ,nothing in this subsection-- 7,a7 restricts the rights of any person 7or class of persons7 to regulate or seek enforcement or other relief 7including relief against the ,administrator or ,commandant7 under any statute or common law2 7,b7 affects the right of any person 7or class of persons7 to regulate or seek enforcement or other relief with regard to vessels other than cruise vessels under any statute or common law2 or 7,c7 affects the right of any person 7or class of persons7 under any statute or common law1 including this ,act1 to regulate or seek enforcement or other relief with regard to pollutants or emission streams from cruise vessels that are not otherwise regulated under this subsection4 7#aa7 ,establishment of ,fund2 fees 7,a7 ,cruise vessel pollution control fund 7i7 ,establishment ,there is established in the general fund of the ,treasury a separate account1 to be known as the ,cruise ,vessel ,pollution ,control ,fund 7referred to in this paragraph as the ,fund74 7ii7 ,amounts ,the ,fund shall consist of such amounts as are deposited in the ,fund under subparagraph 7,b77vi74 7iii7 ,availability and use of amounts in ,fund ,amounts in the ,fund shall be-- 7,i7 available to the ,administrator and the ,commandant as provided in appropriations ,acts2 and 7,,ii7 used by the ,administrator and the ,commandant only for purposes of carrying out this subsection4 7,b7 ,fees on cruise vessels 7i7 ,in general ,the ,commandant and the ,administrator shall establish and collect from each cruise vessel a reasonable and appropriate fee for each paying passenger on a cruise vessel voyage1 for use in carrying out this subsection4 7ii7 ,adjustment of fee 7,i7 ,in general ,the ,commandant and the ,administrator shall biennially adjust the amount of the fee established under clause 7i7 to reflect changes in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,department of ,labor during the most recent #b-year period for which data are available4 7,,ii7 ,rounding ,the ,commandant and the ,administrator may round an adjustment under subclause 7,i7 to the nearest #a_/aj of a dollar4 7iii7 ,factors in establishing fees 7,i7 ,in general ,in establishing fees under clause 7i71 the ,commandant and ,administrator may establish lower levels of fees and the maximum amount of fees for certain classes of cruise vessels based on-- 7aa7 size2 7bb7 economic share2 and 7cc7 such other factors as are determined to be appropriate by the ,commandant and the ,administrator4 7iv7 ,fee schedules ,any fee schedule established under clause 7i71 including the level of fees and the maximum amount of fees1 shall take into account-- 7,i7 cruise vessel routes2 7,,ii7 the frequency of stops at ports of call by cruise vessels2 and 7,,iii7 other applicable considerations4 7v7 ,collection of fees ,a fee established under clause 7i7 shall be collected by the ,administrator or the ,commandant from the owner or operator of each cruise vessel to which this subsection applies4 7vi7 ,deposits to ,fund ,notwithstanding any other provision of law1 all fees collected under this paragraph1 and all penalties and payments collected for violations of this subsection1 shall be deposited in the ,fund4 7#ab7 ,authorization of appropriations ,there are authorized to be appropriated to the ,administrator and the ,commandant such sums as are necessary to carry out this subsection for each of fiscal years #bjaj through #bjad4 4