109 HR 5707 IH: Cruise Line Accurate Safety Statistics U.S. House of Representatives 2006-06-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 5707 IN THE HOUSE OF REPRESENTATIVES June 28, 2006 Mr. Shays (for himself and Mrs. Maloney) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To require the owner of a cruise ship that calls at a port in the United States to report to the Secretary of the department in which the Coast Guard is operating crimes that occur on the cruise ship in which a citizen of the United States was a victim, and for other purposes.

1.

Short title

This Act may be cited as the Cruise Line Accurate Safety Statistics Act.

2.

Requirement to report crimes and other information

(a)

Requirement

The owner of a cruise ship that calls at a port in the United States shall report to the Secretary— (1)each covered crime that occurred on the cruise ship in the course of the voyage (or voyage segment) that ends at that port, in which a citizen of the United States was a victim, by not later than 4 hours after the crime is reported to the master of the cruise ship; (2)each incident on the cruise ship in the course of the voyage (or voyage segment) in which a citizen of the United States was missing or reported overboard for a period of 4 hours or more, by not later than 4 hours after the incident is reported to the master of the cruise ship; and (3)by not later than the end of each of March, June, September, and December of each year— (A)each crime that occurred on the cruise ship in the preceding 3-month period; and (B)each incident on the cruise ship in the preceding 3-month period in which an individual was missing or reported overboard for a period of 4 hours or more. (b)

Availability of information

The Secretary shall make information reported under this section available to the public, including on a site on the Internet.

3.

Inspection of cruise ships

(a)

Requirement

The Secretary shall inspect each cruise ship that seeks to enter a port in the United States to determine whether the cruise ship has adequate equipment and trained personnel to investigate covered crimes on the vessel in accordance with regulations under subsection (b). (b)

Regulations

The Secretary shall issue regulations by not later than 6 months after the date of the enactment of this Act that establish what constitutes adequate equipment and trained personnel for purposes of this section.

4.

Disclosures by cruise lines

(a)

Requirement

Any cruise line that sells a ticket for carriage of an individual on a cruise ship that, during such carriage, will call at a port in the United States shall— (1)before selling the ticket, refer the individual to the Internet site referred to in section 2(b); and (2)provide to the individual— (A)the name of each country the cruise ship will visit during the course of such carriage; and (B)the locations in such country of the embassy and each consulate of the United States. (b)

Regulations

The Secretary shall issue regulations by not later than 6 months after the date of the enactment of this Act that establish what constitutes a cruise line for purposes of this section.

5.

Penalty

(a)

In general

A person shall be liable for a civil penalty of not more than $250,000, if— (1)the person is the owner of a cruise ship and— (A)the person fails to report in accordance with section 2; or (B)the Secretary determines in an inspection of the cruise ship under section 3 that the cruise ship does not have adequate equipment and trained personnel; or (2)the person fails to provide information to the purchaser of a cruise ship ticket as required by section 4. (b)

Assessment of penalty

The Secretary shall assess a civil penalty under this section. (c)

Liability in rem

A cruise ship shall be liable in rem for a civil penalty under subsection (a)(1) that is assessed with respect to the cruise ship. (d)

Denial of entry

The Secretary of the department in which the Coast Guard is operating may deny entry into the United States to a cruise vessel if the owner of the cruise vessel— (1)commits an act or omission for which a civil penalty may be imposed under this subsection (a)(1); or (2)fails to pay a civil penalty imposed on the owner under this section.

6.

Definitions

In this Act: (1)

Covered crime

The term covered crime means— (A)any act or omission that, if committed in an area subject to the jurisdiction of the United States, would be a violation of— (i)section 81 of title 18, United States Code (relating to arson); (ii)section 114 of such title (relating to maiming); (iii)section 611 of such title (relating to certain crimes within the special maritime and territorial jurisdiction); (iv)section 1111 of such title (relating to murder); (v)section 1112 of such title (relating to manslaughter); (vi)section 1201 of such title (relating to kidnaping); or (vii)section 2241 of such title (relating to aggravated sexual abuse); and (B)any assault that, if committed in an area subject to the jurisdiction of the United States, would be a violation of section 13 of title 18, United States Code. (2)

Cruise ship

The term cruise ship— (A)except as provided in subparagraph (B), means any vessel over 100 gross registered tons, that— (i)is capable of carrying more than 12 passengers for hire; (ii)carries passengers for hire on a voyage lasting more than 24 hours, any part of which is on the high seas; and (iii)embarks or disembarks passengers in the United States (including any commonwealth or territories of the United States); and (B)does not include a ferry that— (i)has been issued a Certificate of Inspection endorsed for lakes, bays, and sounds; and (ii)transits international waters for only short periods of time on frequent schedules. (3)

Secretary

The term Secretary means the Secretary of the department in which the Coast Guard is operating.