[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3360 Enrolled Bill (ENR)]

        H.R.3360

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten


                                 An Act


 
  To amend title 46, United States Code, to establish requirements to 
ensure the security and safety of passengers and crew on cruise vessels, 
                         and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 ``Cruise Vessel 
Security and Safety Act of 2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Cruise vessel security and safety requirements.
Sec. 4. Offset of administrative costs.
Sec. 5. Budgetary effects.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
        (1) There are approximately 200 overnight ocean-going cruise 
    vessels worldwide. The average ocean-going cruise vessel carries 
    2,000 passengers with a crew of 950 people.
        (2) In 2007 alone, approximately 12,000,000 passengers were 
    projected to take a cruise worldwide.
        (3) Passengers on cruise vessels have an inadequate 
    appreciation of their potential vulnerability to crime while on 
    ocean voyages, and those who may be victimized lack the information 
    they need to understand their legal rights or to know whom to 
    contact for help in the immediate aftermath of the crime.
        (4) Sexual violence, the disappearance of passengers from 
    vessels on the high seas, and other serious crimes have occurred 
    during luxury cruises.
        (5) Over the last 5 years, sexual assault and physical assaults 
    on cruise vessels were the leading crimes investigated by the 
    Federal Bureau of Investigation with regard to cruise vessel 
    incidents.
        (6) These crimes at sea can involve attacks both by passengers 
    and crewmembers on other passengers and crewmembers.
        (7) Except for United States flagged vessels, or foreign 
    flagged vessels operating in an area subject to the direct 
    jurisdiction of the United States, there are no Federal statutes or 
    regulations that explicitly require cruise lines to report alleged 
    crimes to United States Government officials.
        (8) It is not known precisely how often crimes occur on cruise 
    vessels or exactly how many people have disappeared during ocean 
    voyages because cruise line companies do not make comprehensive, 
    crime-related data readily available to the public.
        (9) Obtaining reliable crime-related cruise data from 
    governmental sources can be difficult, because multiple countries 
    may be involved when a crime occurs on the high seas, including the 
    flag country for the vessel, the country of citizenship of 
    particular passengers, and any countries having special or maritime 
    jurisdiction.
        (10) It can be difficult for professional crime investigators 
    to immediately secure an alleged crime scene on a cruise vessel, 
    recover evidence of an onboard offense, and identify or interview 
    potential witnesses to the alleged crime.
        (11) Most cruise vessels that operate into and out of United 
    States ports are registered under the laws of another country, and 
    investigations and prosecutions of crimes against passengers and 
    crewmembers may involve the laws and authorities of multiple 
    nations.
        (12) The Department of Homeland Security has found it necessary 
    to establish 500-yard security zones around cruise vessels to limit 
    the risk of terrorist attack. Recently piracy has dramatically 
    increased throughout the world.
        (13) To enhance the safety of cruise passengers, the owners of 
    cruise vessels could upgrade, modernize, and retrofit the safety 
    and security infrastructure on such vessels by installing peep 
    holes in passenger room doors, installing security video cameras in 
    targeted areas, limiting access to passenger rooms to select staff 
    during specific times, and installing acoustic hailing and warning 
    devices capable of communicating over distances.

SEC. 3. CRUISE VESSEL SECURITY AND SAFETY REQUIREMENTS.

    (a) In General.--Chapter 35 of title 46, United States Code, is 
amended by adding at the end the following:

``Sec. 3507. Passenger vessel security and safety requirements

    ``(a) Vessel Design, Equipment, Construction, and Retrofitting 
Requirements.--
        ``(1) In general.--Each vessel to which this subsection applies 
    shall comply with the following design and construction standards:
            ``(A) The vessel shall be equipped with ship rails that are 
        located not less than 42 inches above the cabin deck.
            ``(B) Each passenger stateroom and crew cabin shall be 
        equipped with entry doors that include peep holes or other 
        means of visual identification.
            ``(C) For any vessel the keel of which is laid after the 
        date of enactment of the Cruise Vessel Security and Safety Act 
        of 2010, each passenger stateroom and crew cabin shall be 
        equipped with--
                ``(i) security latches; and
                ``(ii) time-sensitive key technology.
            ``(D) The vessel shall integrate technology that can be 
        used for capturing images of passengers or detecting passengers 
        who have fallen overboard, to the extent that such technology 
        is available.
            ``(E) The vessel shall be equipped with a sufficient number 
        of operable acoustic hailing or other such warning devices to 
        provide communication capability around the entire vessel when 
        operating in high risk areas (as defined by the United States 
        Coast Guard).
        ``(2) Fire safety codes.--In administering the requirements of 
    paragraph (1)(C), the Secretary shall take into consideration fire 
    safety and other applicable emergency requirements established by 
    the U. S. Coast Guard and under international law, as appropriate.
        ``(3) Effective date.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        the requirements of paragraph (1) shall take effect 18 months 
        after the date of enactment of the Cruise Vessel Security and 
        Safety Act of 2010.
            ``(B) Latch and key requirements.--The requirements of 
        paragraph (1)(C) take effect on the date of enactment of the 
        Cruise Vessel Security and Safety Act of 2010.
    ``(b) Video Recording.--
        ``(1) Requirement to maintain surveillance.--The owner of a 
    vessel to which this section applies shall maintain a video 
    surveillance system to assist in documenting crimes on the vessel 
    and in providing evidence for the prosecution of such crimes, as 
    determined by the Secretary.
        ``(2) Access to video records.--The owner of a vessel to which 
    this section applies shall provide to any law enforcement official 
    performing official duties in the course and scope of an 
    investigation, upon request, a copy of all records of video 
    surveillance that the official believes may provide evidence of a 
    crime reported to law enforcement officials.
    ``(c) Safety Information.--
        ``(1) Criminal Activity Prevention and Response Guide.--The 
    owner of a vessel to which this section applies (or the owner's 
    designee) shall--
            ``(A) have available for each passenger a guide (referred 
        to in this subsection as the `security guide'), written in 
        commonly understood English, which--
                ``(i) provides a description of medical and security 
            personnel designated on board to prevent and respond to 
            criminal and medical situations with 24 hour contact 
            instructions;
                (ii) describes the jurisdictional authority applicable, 
            and the law enforcement processes available, with respect 
            to the reporting of homicide, suspicious death, a missing 
            United States national, kidnapping, assault with serious 
            bodily injury, any offense to which section 2241, 2242, 
            2243, or 2244(a) or (c) of title 18 applies, firing or 
            tampering with the vessel, or theft of money or property in 
            excess of $10,000, together with contact information for 
            the appropriate law enforcement authorities for missing 
            persons or reportable crimes which arise--

                    ``(I) in the territorial waters of the United 
                States;
                    ``(II) on the high seas; or
                    ``(III) in any country to be visited on the voyage;

            ``(B) provide a copy of the security guide to the Federal 
        Bureau of Investigation for comment; and
            ``(C) publicize the security guide on the website of the 
        vessel owner.
        ``(2) Embassy and consulate locations.--The owner of a vessel 
    to which this section applies shall provide in each passenger 
    stateroom, and post in a location readily accessible to all crew 
    and in other places specified by the Secretary, information 
    regarding the locations of the United States embassy and each 
    consulate of the United States for each country the vessel will 
    visit during the course of the voyage.
    ``(d) Sexual Assault.--The owner of a vessel to which this section 
applies shall--
        ``(1) maintain on the vessel adequate, in-date supplies of 
    anti-retroviral medications and other medications designed to 
    prevent sexually transmitted diseases after a sexual assault;
        ``(2) maintain on the vessel equipment and materials for 
    performing a medical examination in sexual assault cases to 
    evaluate the patient for trauma, provide medical care, and preserve 
    relevant medical evidence;
        ``(3) make available on the vessel at all times medical staff 
    who have undergone a credentialing process to verify that he or 
    she--
            ``(A) possesses a current physician's or registered nurse's 
        license and--
                ``(i) has at least 3 years of post-graduate or post-
            registration clinical practice in general and emergency 
            medicine; or
                ``(ii) holds board certification in emergency medicine, 
            family practice medicine, or internal medicine;
            ``(B) is able to provide assistance in the event of an 
        alleged sexual assault, has received training in conducting 
        forensic sexual assault examination, and is able to promptly 
        perform such an examination upon request and provide proper 
        medical treatment of a victim, including administration of 
        anti-retroviral medications and other medications that may 
        prevent the transmission of human immunodeficiency virus and 
        other sexually transmitted diseases; and
            ``(C) meets guidelines established by the American College 
        of Emergency Physicians relating to the treatment and care of 
        victims of sexual assault;
        ``(4) prepare, provide to the patient, and maintain written 
    documentation of the findings of such examination that is signed by 
    the patient; and
        ``(5) provide the patient free and immediate access to--
            ``(A) contact information for local law enforcement, the 
        Federal Bureau of Investigation, the United States Coast Guard, 
        the nearest United States consulate or embassy, and the 
        National Sexual Assault Hotline program or other third party 
        victim advocacy hotline service; and
            ``(B) a private telephone line and Internet-accessible 
        computer terminal by which the individual may confidentially 
        access law enforcement officials, an attorney, and the 
        information and support services available through the National 
        Sexual Assault Hotline program or other third party victim 
        advocacy hotline service.
    ``(e) Confidentiality of Sexual Assault Examination and Support 
Information.--The master or other individual in charge of a vessel to 
which this section applies shall--
        ``(1) treat all information concerning an examination under 
    subsection (d) confidential, so that no medical information may be 
    released to the cruise line or other owner of the vessel or any 
    legal representative thereof without the prior knowledge and 
    approval in writing of the patient, or, if the patient is unable to 
    provide written authorization, the patient's next-of-kin, except 
    that nothing in this paragraph prohibits the release of--
            ``(A) information, other than medical findings, necessary 
        for the owner or master of the vessel to comply with the 
        provisions of subsection (g) or other applicable incident 
        reporting laws;
            ``(B) information to secure the safety of passengers or 
        crew on board the vessel; or
            ``(C) any information to law enforcement officials 
        performing official duties in the course and scope of an 
        investigation; and
        ``(2) treat any information derived from, or obtained in 
    connection with, post-assault counseling or other supportive 
    services confidential, so no such information may be released to 
    the cruise line or any legal representative thereof without the 
    prior knowledge and approval in writing of the patient, or, if the 
    patient is unable to provide written authorization, the patient's 
    next-of-kin.
    ``(f) Crew Access to Passenger Staterooms.--The owner of a vessel 
to which this section applies shall--
        ``(1) establish and implement procedures and restrictions 
    concerning--
            ``(A) which crewmembers have access to passenger 
        staterooms; and
            ``(B) the periods during which they have that access; and
        ``(2) ensure that the procedures and restrictions are fully and 
    properly implemented and periodically reviewed.
    ``(g) Log Book and Reporting Requirements.--
        ``(1) In general.--The owner of a vessel to which this section 
    applies shall--
            ``(A) record in a log book, either electronically or 
        otherwise, in a centralized location readily accessible to law 
        enforcement personnel, a report on--
                ``(i) all complaints of crimes described in paragraph 
            (3)(A)(i),
                ``(ii) all complaints of theft of property valued in 
            excess of $1,000, and
                ``(iii) all complaints of other crimes,
        committed on any voyage that embarks or disembarks passengers 
        in the United States; and
            ``(B) make such log book available upon request to any 
        agent of the Federal Bureau of Investigation, any member of the 
        United States Coast Guard, and any law enforcement officer 
        performing official duties in the course and scope of an 
        investigation.
        ``(2) Details required.--The information recorded under 
    paragraph (1) shall include, at a minimum--
            ``(A) the vessel operator;
            ``(B) the name of the cruise line;
            ``(C) the flag under which the vessel was operating at the 
        time the reported incident occurred;
            ``(D) the age and gender of the victim and the accused 
        assailant;
            ``(E) the nature of the alleged crime or complaint, as 
        applicable, including whether the alleged perpetrator was a 
        passenger or a crewmember;
            ``(F) the vessel's position at the time of the incident, if 
        known, or the position of the vessel at the time of the initial 
        report;
            ``(G) the time, date, and method of the initial report and 
        the law enforcement authority to which the initial report was 
        made;
            ``(H) the time and date the incident occurred, if known;
            ``(I) the total number of passengers and the total number 
        of crew members on the voyage; and
            ``(J) the case number or other identifier provided by the 
        law enforcement authority to which the initial report was made.
        ``(3) Requirement to report crimes and other information.--
            ``(A) In general.--The owner of a vessel to which this 
        section applies (or the owner's designee)--
                ``(i) shall contact the nearest Federal Bureau of 
            Investigation Field Office or Legal Attache by telephone as 
            soon as possible after the occurrence on board the vessel 
            of an incident involving homicide, suspicious death, a 
            missing United States national, kidnapping, assault with 
            serious bodily injury, any offense to which section 2241, 
            2242, 2243, or 2244(a) or (c) of title 18 applies, firing 
            or tampering with the vessel, or theft of money or property 
            in excess of $10,000 to report the incident;
                ``(ii) shall furnish a written report of the incident 
            to an Internet based portal maintained by the Secretary;
                ``(iii) may report any serious incident that does not 
            meet the reporting requirements of clause (i) and that does 
            not require immediate attention by the Federal Bureau of 
            Investigation via the Internet based portal maintained by 
            the Secretary; and
                ``(iv) may report any other criminal incident involving 
            passengers or crewmembers, or both, to the proper State or 
            local government law enforcement authority.
            ``(B) Incidents to which subparagraph (A) applies.--
        Subparagraph (A) applies to an incident involving criminal 
        activity if--
                ``(i) the vessel, regardless of registry, is owned, in 
            whole or in part, by a United States person, regardless of 
            the nationality of the victim or perpetrator, and the 
            incident occurs when the vessel is within the admiralty and 
            maritime jurisdiction of the United States and outside the 
            jurisdiction of any State;
                ``(ii) the incident concerns an offense by or against a 
            United States national committed outside the jurisdiction 
            of any nation;
                ``(iii) the incident occurs in the Territorial Sea of 
            the United States, regardless of the nationality of the 
            vessel, the victim, or the perpetrator; or
                ``(iv) the incident concerns a victim or perpetrator 
            who is a United States national on a vessel during a voyage 
            that departed from or will arrive at a United States port.
        ``(4) Availability of incident data via internet.--
            ``(A) Website.--The Secretary shall maintain a statistical 
        compilation of all incidents described in paragraph (3)(A)(i) 
        on an Internet site that provides a numerical accounting of the 
        missing persons and alleged crimes recorded in each report 
        filed under paragraph (3)(A)(i) that are no longer under 
        investigation by the Federal Bureau of Investigation. The data 
        shall be updated no less frequently than quarterly, aggregated 
        by cruise line, each cruise line shall be identified by name, 
        and each crime shall be identified as to whether it was 
        committed by a passenger or a crew member.
            ``(B) Access to website.--Each cruise line taking on or 
        discharging passengers in the United States shall include a 
        link on its Internet website to the website maintained by the 
        Secretary under subparagraph (A).
    ``(h) Enforcement.--
        ``(1) Penalties.--
            ``(A) Civil penalty.--Any person that violates this section 
        or a regulation under this section shall be liable for a civil 
        penalty of not more than $25,000 for each day during which the 
        violation continues, except that the maximum penalty for a 
        continuing violation is $50,000.
            ``(B) Criminal penalty.--Any person that willfully violates 
        this section or a regulation under this section shall be fined 
        not more than $250,000 or imprisoned not more than 1 year, or 
        both.
        ``(2) Denial of entry.--The Secretary may deny entry into the 
    United States to a vessel to which this section applies if the 
    owner of the vessel--
            ``(A) commits an act or omission for which a penalty may be 
        imposed under this subsection; or
            ``(B) fails to pay a penalty imposed on the owner under 
        this subsection.
    ``(i) Procedures.--Within 6 months after the date of enactment of 
the Cruise Vessel Security and Safety Act of 2010, the Secretary shall 
issue guidelines, training curricula, and inspection and certification 
procedures necessary to carry out the requirements of this section.
    ``(j) Regulations.--The Secretary and the Commandant shall each 
issue such regulations as are necessary to implement this section.
    ``(k) Application.--
        ``(1) In general.--This section and section 3508 apply to a 
    passenger vessel (as defined in section 2101(22)) that--
            ``(A) is authorized to carry at least 250 passengers;
            ``(B) has onboard sleeping facilities for each passenger;
            ``(C) is on a voyage that embarks or disembarks passengers 
        in the United States; and
            ``(D) is not engaged on a coastwise voyage.
        ``(2) Federal and state vessels.--This section and section 3508 
    do not apply to a vessel of the United States operated by the 
    Federal Government or a vessel owned and operated by a State.
    ``(l) Definitions.--In this section and section 3508:
        ``(1) Commandant.--The term `Commandant' means the Commandant 
    of the Coast Guard.
        ``(2) Owner.--The term `owner' means the owner, charterer, 
    managing operator, master, or other individual in charge of a 
    vessel.

``3508. Crime scene preservation training for passenger vessel 
            crewmembers

    ``(a) In General.--Within 1 year after the date of enactment of the 
Cruise Vessel Security and Safety Act of 2010, the Secretary, in 
consultation with the Director of the Federal Bureau of Investigation 
and the Maritime Administration, shall develop training standards and 
curricula to allow for the certification of passenger vessel security 
personnel, crewmembers, and law enforcement officials on the 
appropriate methods for prevention, detection, evidence preservation, 
and reporting of criminal activities in the international maritime 
environment. The Administrator of the Maritime Administration may 
certify organizations in the United States and abroad that offer the 
curriculum for training and certification under subsection (c).
    ``(b) Minimum Standards.--The standards established by the 
Secretary under subsection (a) shall include--
        ``(1) the training and certification of vessel security 
    personnel, crewmembers, and law enforcement officials in accordance 
    with accepted law enforcement and security guidelines, policies, 
    and procedures, including recommendations for incorporating a 
    background check process for personnel trained and certified in 
    foreign ports;
        ``(2) the training of students and instructors in all aspects 
    of prevention, detection, evidence preservation, and reporting of 
    criminal activities in the international maritime environment; and
        ``(3) the provision or recognition of off-site training and 
    certification courses in the United States and foreign countries to 
    develop and provide the required training and certification 
    described in subsection (a) and to enhance security awareness and 
    security practices related to the preservation of evidence in 
    response to crimes on board passenger vessels.
    ``(c) Certification Requirement.--Beginning 2 years after the 
standards are established under subsection (b), no vessel to which this 
section applies may enter a United States port on a voyage (or voyage 
segment) on which a United States citizen is a passenger unless there 
is at least 1 crewmember onboard who is certified as having 
successfully completed training in the prevention, detection, evidence 
preservation, and reporting of criminal activities in the international 
maritime environment on passenger vessels under subsection (a).
    ``(d) Interim Training Requirement.--No vessel to which this 
section applies may enter a United States port on a voyage (or voyage 
segment) on which a United States citizen is a passenger unless there 
is at least 1 crewmember onboard who has been properly trained in the 
prevention detection, evidence preservation and the reporting 
requirements of criminal activities in the international maritime 
environment. The owner of a such a vessel shall maintain certification 
or other documentation, as prescribed by the Secretary, verifying the 
training of such individual and provide such documentation upon request 
for inspection in connection with enforcement of the provisions of this 
section. This subsection shall take effect 1 year after the date of 
enactment of the Cruise Vessel Safety and Security Act of 2010 and 
shall remain in effect until superseded by the requirements of 
subsection (c).
    ``(e) Civil Penalty.--Any person that violates this section or a 
regulation under this section shall be liable for a civil penalty of 
not more than $50,000.
    ``(f) Denial of Entry.--The Secretary may deny entry into the 
United States to a vessel to which this section applies if the owner of 
the vessel--
        ``(1) commits an act or omission for which a penalty may be 
    imposed under subsection (e); or
        ``(2) fails to pay a penalty imposed on the owner under 
    subsection (e).''.
    (b) Clerical Amendment.--The table of contents for such chapter is 
amended by adding at the end the following:

``3507. Passenger vessel security and safety requirements
``3508. Crime scene preservation training for passenger vessel 
          crewmembers''.

SEC. 4. OFFSET OF ADMINISTRATIVE COSTS.

    (a) Repeal of Certain Report Requirements.--
        (1) Section 1130 of the Coast Guard Authorization Act of 1996 
    (33 U.S.C. 2720 note) is amended by striking subsection (b).
        (2) Section 112 of the Maritime Transportation Security Act of 
    2002 (46 U.S.C. 70101 note) is repealed.
        (3) Section 676 of title 14, United States Code, is amended by 
    striking subsection (d).
        (4) Section 355 of title 37, United States Code, is amended by 
    striking subsection (h) and redesignating subsection (i) as 
    subsection (h).
        (5) Section 205 of the Coast Guard and Maritime Transportation 
    Act of 2006 (14 U.S.C. 637 note) is amended by striking subsection 
    (d).
    (b) Combination of Fisheries Enforcement Plans and Foreign Fishing 
Incursion Reports.--The Secretary of the department in which the Coast 
Guard is operating shall combine the reports required under section 224 
of the Coast Guard and Maritime Transportation Act of 2004 (16 U.S.C. 
1861b) and section 804 of the Coast Guard and Maritime Transportation 
Act of 2006 (16 U.S.C. 1828) into a single annual report for fiscal 
years beginning after fiscal year 2010.

SEC. 5. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.