CRUISE Integrity Act

I 116TH CONGRESS 2D SESSION H. R. 6625 To establish requirements for cruise lines to receive Federal funds and Federal assistance, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 24, 2020 Ms. SPEIER (for herself, Ms. MATSUI, Mr. GRIJALVA, Ms. JAYAPAL, and Mrs. HAYES) introduced the following bill; which was referred to the Com- mittee on Transportation and Infrastructure, and in addition to the Com- mittee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish requirements for cruise lines to receive Federal funds and Federal assistance, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Cruise Reform and 4 Uniform Industry Standards Evoke Integrity Act’’ or the 5 ‘‘CRUISE Integrity Act’’. 6 VerDate Sep 11 2014 03:39 May 01, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6625.IH H6625 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 6625 IH SEC. 2. FEDERAL FUNDS FOR CRUISE VESSELS. 1 (a) IN GENERAL.—Notwithstanding any other provi- 2 sion of law, no Federal funds or Federal assistance, in- 3 cluding a direct loan, loan guarantee, or tax credit, may 4 be provided to a cruise line unless— 5 (1) such cruise line is incorporated in the 6 United States; 7 (2) not less than 50 percent of the cruise ves- 8 sels operated by such cruise line are registered in 9 the United States; 10 (3) such cruise line certifies compliance with all 11 applicable environmental dumping laws and section 12 3507(k), as amended by this Act; 13 (4) such cruise line certifies that such cruise 14 line will not abrogate existing collective labor bar- 15 gaining agreements for the term of the loan and 2 16 years after completing repayment of the loan, if ap- 17 plicable; 18 (5) such cruise line certifies that such cruise 19 line will remain neutral in any union organizing ef- 20 fort for the term of the loan, if applicable; and 21 (6) such cruise line offers full reimbursement to 22 passengers for cancellations related to coronavirus 23 COVID-19. 24 (b) USE OF FEDERAL FUNDS.—Notwithstanding any 25 other provision of law, to be eligible to receive any Federal 26 VerDate Sep 11 2014 03:39 May 01, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6625.IH H6625 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 6625 IH funds or Federal assistance under any provision of law, 1 a cruise line shall— 2 (1) enter into an agreement that provides that 3 until the date that is 12 months after the date on 4 which all Federal funds provided are expended, a 5 loan or loan guarantee is no longer outstanding, or 6 Federal assistance is provided, as applicable— 7 (A) neither the cruise line nor any affiliate 8 of the cruise line may purchase an equity secu- 9 rity that is listed on a national securities ex- 10 change of the cruise line or any parent company 11 of the cruise line, except to the extent required 12 under a contractual obligation in effect as of 13 the date of enactment of this Act; and 14 (B) the cruise line shall not pay dividends 15 or make other capital distributions with respect 16 to the common stock of the cruise line; 17 (2) develop a plan to reduce total emissions of 18 such cruise line of carbon, methane, nitrogen oxides, 19 and Black Carbon, including by reducing the use of 20 heavy fuel oil and exhaust gas systems, by 45 per- 21 cent by 2030 and achieve net-zero greenhouse gas 22 emissions by 2050; and 23 (3) submit to Congress the plan developed pur- 24 suant to paragraph (2). 25 VerDate Sep 11 2014 03:39 May 01, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6625.IH H6625 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 6625 IH (c) PROHIBITION ON LOAN FORGIVENESS.—Notwith- 1 standing any other provision of law, the principal amount 2 of any obligation issued by a cruise line described under 3 subsection (b) shall not be reduced through loan forgive- 4 ness. 5 SEC. 3. MONITORING AND INSPECTION PROGRAM FOR 6 CRUISE VESSELS. 7 (a) IN GENERAL.—Not later than 1 year after the 8 date of enactment, the Administrator of the Environ- 9 mental Protection Agency shall establish a program to re- 10 quire monitoring and inspections of the compliance of 11 cruise vessels with environmental standards, including at 12 a minimum— 13 (1) regular announced inspections of cruise ves- 14 sel operations, equipment, or discharges, including 15 sampling and testing cruise vessel discharges; and 16 (2) not less than 1 unannounced inspection of 17 each cruise vessel each year. 18 (b) REGULATIONS.—Not later than 12 months after 19 the date of enactment of this Act, the Administrator shall 20 issue such regulations as are necessary to— 21 (1) require the owner, operator, master, or 22 other person in charge of a cruise vessel to maintain 23 and submit a logbook detailing the times, types, vol- 24 umes, flow rates, origins, and specific locations of, 25 VerDate Sep 11 2014 03:39 May 01, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6625.IH H6625 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 6625 IH and explanations for, any discharges from the cruise 1 vessel not otherwise required by subpart E of part 2 159 of title 33, Code of Federal Regulations; 3 (2) require routine announced and unan- 4 nounced inspections of— 5 (A) cruise vessel environmental compliance 6 records and procedures; and 7 (B) the operation and maintenance of in- 8 stalled equipment for abatement and control of 9 any cruise vessel discharge (including equip- 10 ment intended to treat sewage, graywater, bilge 11 water, or air pollution); 12 (3) require the posting of the phone number for 13 a toll-free whistleblower hotline on all cruise vessels 14 and at all ports using language likely to be under- 15 stood by international crews; and 16 (4) require any owner, operator, master, or 17 other person in charge of a cruise vessel, who has 18 knowledge of a discharge from the cruise vessel in 19 violation of this subsection, including regulations 20 promulgated pursuant to this subsection, to report 21 immediately the discharge to the Administrator and 22 the Commandant of the Coast Guard. 23 (c) REPORT.—Not later than 3 years after the date 24 of establishment of the program under subsection (a), the 25 VerDate Sep 11 2014 20:45 May 04, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6625.IH H6625 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 6625 IH Administrator shall submit to Congress a report describ- 1 ing— 2 (1) the results of the program, optimal cov- 3 erage, environmental benefits, and cruise vessel co- 4 operation; and 5 (2) recommendations for increased effective- 6 ness, including increased training needs and in- 7 creased equipment needs. 8 SEC. 4. PROHIBITION ON DISCHARGE OF SEWAGE, GRAY- 9 WATER, AND BILGE WATER. 10 (a) IN GENERAL.—No cruise vessel departing from 11 or calling on, a port of the United States may discharge 12 sewage, graywater, bilge water, or exhaust gas scrubber 13 effluent into navigable waters and territorial seas, un- 14 less— 15 (1) the sewage, graywater, bilge water, or ex- 16 haust gas scrubber effluent is treated to meet all ap- 17 plicable effluent limits and is in accordance with all 18 other applicable laws; 19 (2) the cruise vessel is underway and pro- 20 ceeding at a speed of not less than 6 knots; and 21 (3) the cruise vessel is more than 12 nautical 22 miles from shore. 23 (b) SENSITIVE WATER BODIES.—Notwithstanding 24 any other provision of this paragraph, no cruise vessel de- 25 VerDate Sep 11 2014 03:39 May 01, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6625.IH H6625 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 6625 IH parting from, or calling on, a port of the United States 1 may discharge treated or untreated sewage, graywater, or 2 bilge water into waters belonging to Alaska, the Arctic, 3 National Marine Sanctuaries, and National Marine Monu- 4 ments. 5 (c) EXCEPTION.—The requirements of this section 6 shall not apply to discharges made for the purpose of se- 7 curing the safety of the cruise vessel or saving life at sea, 8 provided that all reasonable precautions have been taken 9 for the purpose of preventing or minimizing the discharge. 10 (d) PENALTIES.— 11 (1) CIVIL PENALTY.—Any person who violates 12 this section shall be liable to the United States for 13 a civil penalty not to exceed $50,000 per day for 14 each violation. 15 (2) SEPARATE VIOLATION.—Each day of a con- 16 tinuing violation shall constitute a separate violation. 17 (3) CRIMINAL PENALTY.—A person who know- 18 ingly violates this section commits a class D felony. 19 (4) FALSE STATEMENT.—Any person who 20 knowingly makes any false statement, representa- 21 tion, or certification in any record, report, or other 22 document filed or required to be maintained under 23 this section, or who falsifies, tampers with, or know- 24 ingly renders inaccurate any testing or monitoring 25 VerDate Sep 11 2014 03:39 May 01, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6625.IH H6625 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 6625 IH device or method required to be maintained under 1 this section commits a class D felony. 2 (5) ADMINISTRATION OF PENALTIES.— 3 (A) IN GENERAL.—The Secretary of 4 Homeland Security shall enforce the assessment 5 and collection of any penalty described in this 6 subsection. 7 (B) REFERRAL TO ATTORNEY GENERAL.— 8 If any person fails to pay an assessment of a 9 civil penalty under this section after it has be- 10 come final, the Secretary may refer the matter 11 to the Attorney General of the United States 12 for collection in any appropriate district court 13 of the United States. 14 (e) DEFINITION OF TERRITORIAL SEA.—In this sec- 15 tion, the term ‘‘territorial sea’’ has the meaning given such 16 term in Presidential Proclamation 5928. 17 SEC. 5. PENALTIES FOR VIOLATIONS. 18 Section 9(b) of the Act to Prevent Pollution from 19 Ships (33 U.S.C. 1908(b)) is amended— 20 (1) in paragraph (1) by striking ‘‘$25,000’’ and 21 inserting ‘‘$50,000’’; and 22 (2) in paragraph (2) by striking ‘‘$5,000’’ and 23 inserting ‘‘$10,000’’. 24 VerDate Sep 11 2014 03:39 May 01, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6625.IH H6625 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 6625 IH SEC. 6. PASSENGER VESSEL SECURITY AND SAFETY RE- 1 QUIREMENTS. 2 (a) MEDICAL STANDARDS.— 3 (1) IN GENERAL.—Section 3507 is amended— 4 (A) by striking subsections (k) and (l); and 5 (B) by inserting after subsection (j) the 6 following: 7 ‘‘(k) MEDICAL STANDARDS.— 8 ‘‘(1) IN GENERAL.—The owner of a vessel to 9 which this subchapter applies shall ensure that— 10 ‘‘(A) a physician is always present and 11 available to treat any passengers who may be 12 on board the vessel in the event of an emer- 13 gency situation; 14 ‘‘(B) there is a sufficient number of quali- 15 fied medical staff on board the vessel to treat 16 the number of passengers who may be on board 17 the vessel, as determined by the Secretary by 18 regulation; 19 ‘‘(C) if a United States citizen dies on 20 board the vessel and the citizen’s next of kin re- 21 quests that the citizen’s body return to the 22 United States on board the vessel, such request 23 is granted; 24 VerDate Sep 11 2014 03:39 May 01, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6625.IH H6625 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 6625 IH ‘‘(D) every crew member on board the ves- 1 sel has received basic life support training and 2 is certified in cardiopulmonary resuscitation; 3 ‘‘(E) automated external defibrillators 4 are— 5 ‘‘(i) placed throughout the vessel in 6 clearly designated locations; 7 ‘‘(ii) available for passenger access in 8 the event of an emergency; and 9 ‘‘(iii) capable of contacting cruise 10 medical staff through tracing or callbox ca- 11 pability; and 12 ‘‘(F) the initial safety briefing given to the 13 passengers on board the vessel includes— 14 ‘‘(i) the location of the vessel’s med- 15 ical facilities; 16 ‘‘(ii) the appropriate steps passengers 17 should follow during a medical emergency; 18 ‘‘(iii) the location and proper use of 19 automated external defibrillators; and 20 ‘‘(iv) the proper way to report an inci- 21 dent or to seek security assistance in the 22 event of a medical emergency. 23 ‘‘(2) PHYSICIAN DEFINED.—In this subsection, 24 the term ‘physician’ means a medical doctor who— 25 VerDate Sep 11 2014 03:39 May 01, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6625.IH H6625 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 6625 IH ‘‘(A) has at least 3 years of post-graduate, 1 post-registration experience in general and 2 emergency medicine; or 3 ‘‘(B) is board certified in emergency medi- 4 cine, family medicine, or internal medicine. 5 ‘‘(3) QUALIFIED MEDICAL STAFF DEFINED.—In 6 this subsection, the term ‘qualified medical staff’ 7 means a medical professional certified in ACLS and 8 ATLS training.’’. 9 (2) APPLICATION.—The amendment made by 10 paragraph (1)(B) shall apply on and after the date 11 that is 180 days after the date of the enactment of 12 this Act. 13 (b) MAINTENANCE OF SUPPLIES TO PREVENT SEXU- 14 ALLY TRANSMITTED DISEASES.—Section 5307(d)(1) is 15 further amended by inserting ‘‘(taking into consideration 16 the length of the voyage and the number of passengers 17 and crewmembers that the vessel can accommodate)’’ after 18 ‘‘sexual assault’’. 19 SEC. 7. DEFINITION OF CRUISE VESSEL. 20 In this Act: 21 (1) IN GENERAL.—The term ‘‘cruise vessel’’ 22 means a passenger vessel that— 23 (A) is authorized to carry at least 250 pas- 24 sengers; and 25 VerDate Sep 11 2014 03:39 May 01, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6625.IH H6625 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 6625 IH (B) has onboard sleeping facilities for each 1 passenger. 2 (2) EXCLUSIONS.—The term ‘‘cruise vessel’’ 3 does not include— 4 (A) a vessel of the United States operated 5 by the Federal Government; 6 (B) a vessel owned and operated by the 7 government of a State; or 8 (C) a vessel owned by a local government. 9 Æ VerDate Sep 11 2014 03:39 May 01, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H6625.IH H6625 kjohnson on DSK79L0C42PROD with BILLS