[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3360 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 211
111th CONGRESS
  1st Session
                                H. R. 3360


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2009

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 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 2009''.
    (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. Study and report on the security needs of passenger vessels.

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 crew members on other passengers and crew 
        members.
            (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 crew members may involve the laws and 
        authorities of multiple nations.
            (12) The Coast Guard 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 2009, 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 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 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 2009.
                    ``(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 2009.
    ``(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.--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 
                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 crew members 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 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 crew member;
                    ``(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 the Secretary via an Internet 
                        based portal;
                            ``(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 of Transportation; 
                        and
                            ``(iv) may report any other criminal 
                        incident involving passengers or crew members, 
                        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 of Transportation 
                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--
                            ``(i) cruise line, with each cruise line 
                        identified by name; and
                            ``(ii) whether each crime 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 knowingly 
                fails to record in a log book or to make a log book 
                available in accordance with subsection (g)(1), or to 
                report in accordance with subsection (g)(3), 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 2009, 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 of Transportation 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 that is owned and operated by the 
        United States Government or a vessel that is owned and operated 
        by a State.
    ``(l) Owner Defined.--In this section and section 3508, the term 
`owner' means the owner, charterer, managing operator, master, or other 
individual in charge of a vessel.
``Sec. 3508. Crime scene preservation training for passenger vessel 
              crew members
    ``(a) In General.--Within 1 year after the date of enactment of the 
Cruise Vessel Security and Safety Act of 2009, the Secretary, in 
consultation with the Director of the Federal Bureau of Investigation 
and the Maritime Administrator, shall develop training standards and 
curricula to allow for the certification of passenger vessel security 
personnel, crew members, 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, crew members, 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 countries;
            ``(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 crew member 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 crew member 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 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 2009 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 crew 
                            members.''.

SEC. 4. STUDY AND REPORT ON THE SECURITY NEEDS OF PASSENGER VESSELS.

    (a) In General.--Within 3 months after the date of enactment of 
this Act, the Secretary of the department in which the Coast Guard is 
operating shall conduct a study of the security needs of passenger 
vessels depending on number of passengers on the vessels, and report to 
the Congress findings of the study and recommendations for improving 
security on those vessels.
    (b) Report Contents.--In recommending appropriate security on those 
vessels, the report shall take into account typical crew member shifts, 
working conditions of crew members, and length of voyages.

            Passed the House of Representatives November 17, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
                                                       Calendar No. 211

111th CONGRESS

  1st Session

                               H. R. 3360

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           November 18, 2009

            Received; read twice and placed on the calendar