[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3360 Reported in House (RH)]
Union Calendar No. 190
111th CONGRESS
1st Session
H. R. 3360
[Report No. 111-332]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2009
Ms. Matsui introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
November 7, 2009
Additional sponsor: Mr. Capuano
November 7, 2009
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
A BILL
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 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 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
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 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 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 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 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 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 United States
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.
Union Calendar No. 190
111th CONGRESS
1st Session
H. R. 3360
[Report No. 111-332]
_______________________________________________________________________
A BILL
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 7, 2009
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed