1.Short title; table of
contents
(a)This Act may be cited as the Cruise Vessel Security and Safety Act of
2009
.
(b)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.
2.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.
3.Cruise vessel
security and safety requirements
(a)Chapter 35 of title 46,
United States Code, is amended by adding at the end the following:
3507.Passenger
vessel security and safety requirements
(a)Vessel Design,
Equipment, Construction, and Retrofitting Requirements
(1)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)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)
(A)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
requirementsThe requirements of paragraph (1)(C) take effect on
the date of enactment of the Cruise Vessel Security and Safety Act of
2009.
(b)
(1)Requirement to
maintain surveillanceThe 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)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)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)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 InformationThe 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 StateroomsThe 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)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)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)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)
appliesSubparagraph (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)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)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)
(1)
(A)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)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)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)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)The
Secretary of Transportation and the Commandant shall each issue such
regulations as are necessary to implement this section.
(k)
(1)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 vesselsThis 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)In this section and section 3508, 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 crew members
(a)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)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
RequirementBeginning 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
RequirementNo 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)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)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)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.
.
4.Study and report
on the security needs of passenger vessels
(a)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)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.
Lorraine C. Miller,
Clerk.
November 18, 2009
Received; read twice and placed on the
calendar