[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 588 Reported in Senate (RS)]

                                                       Calendar No. 156
111th CONGRESS
  1st Session
                                 S. 588

                          [Report No. 111-72]

  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 SENATE OF THE UNITED STATES

                             March 12, 2009

  Mr. Kerry (for himself, Mr. Lieberman, and Mr. Dodd) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

                           September 8, 2009

             Reported by Mr. Rockefeller, with an amendment
 [Strike all after the enacting clause and insert the part printed in 
                                italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Cruise 
Vessel Security and Safety Act of 2009''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Cruise vessel security and safety requirements.
<DELETED>Sec. 4. Detailing Coast Guard personnel to enforce cruise ship 
                            requirements.
<DELETED>Sec. 5. Study and report on the security needs of passenger 
                            vessels.
<DELETED>Sec. 6. Amendment of the Death on the High Seas Act.

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    The Congress makes the following findings:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) In 2007 alone, approximately 12,000,000 
        passengers were projected to take a cruise worldwide.</DELETED>
        <DELETED>    (3) Even with these high passenger numbers, few 
        vacationing passengers on cruise vessels fully appreciate their 
        potential vulnerability to crime while on an ocean voyage, and 
        those who are victimized often do not know their legal rights 
        or whom to contact for help in the immediate aftermath of the 
        crime.</DELETED>
        <DELETED>    (4) On numerous occasions, sexual violence, the 
        disappearance of passengers from vessels on the high seas, and 
        other serious crimes have occurred during luxury 
        cruises.</DELETED>
        <DELETED>    (5) Over the last five years, sexual assault and 
        physical assaults on cruise vessels were the leading crimes 
        reported to and investigated by the Federal Bureau of 
        Investigation with regard to cruise vessel incidents.</DELETED>
        <DELETED>    (6) These crimes at sea can involve attacks both 
        by passengers and crewmembers on other passengers and 
        crewmembers.</DELETED>
        <DELETED>    (7) There are no Federal statutes or regulations 
        that explicitly require cruise lines to report alleged crimes 
        to United States Government officials, unless such crimes occur 
        within the territorial waters of the United States.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (10) Due to the absence of law enforcement 
        officials on ocean voyages, it can be difficult or impossible 
        for professional criminal 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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (12) The Department of Homeland Security has found 
        it necessary to establish 500-yard security zones around 
        vessels to limit the risk of terrorist attack, but no viable 
        means of communicating and enforcing the security zones has 
        been established. Recently piracy has dramatically increased 
        throughout the world and vessels have limited if any means of 
        protection against piracy and terrorism while on the high 
        seas.</DELETED>
        <DELETED>    (13) To enhance safety of cruise passengers, the 
        owner of these 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, 
        installing acoustic hailing and warning devices capable of 
        communicating and enforcing the 500-yard security 
        zone.</DELETED>

<DELETED>SEC. 3. CRUISE VESSEL SECURITY AND SAFETY 
              REQUIREMENTS.</DELETED>

<DELETED>    (a) In General.--Chapter 35 of title 46, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 3507. Cruise vessel security and safety 
              requirements</DELETED>
<DELETED>    ``(a) Vessel Design, Construction, and Retrofitting 
Requirements.--</DELETED>
        <DELETED>    ``(1) In general.--Each passenger vessel to which 
        this subsection applies shall comply with the following design 
        and construction standards:</DELETED>
                <DELETED>    ``(A) The vessel shall be equipped with 
                ship rails that are located not less than 
                4</DELETED>\<DELETED>1/2</DELETED>\ <DELETED>feet above 
                the deck.</DELETED>
                <DELETED>    ``(B) Each passenger stateroom and crew 
                cabin shall be equipped with entry doors that include--
                </DELETED>
                        <DELETED>    ``(i) peep holes;</DELETED>
                        <DELETED>    ``(ii) security latches; 
                        and</DELETED>
                        <DELETED>    ``(iii) time sensitive key 
                        technology.</DELETED>
                <DELETED>    ``(C) Fire safety codes shall be 
                implemented.</DELETED>
                <DELETED>    ``(D) The vessel shall integrate 
                technology that can be used for detecting passengers 
                who have fallen overboard, to the extent that such 
                technology is available.</DELETED>
                <DELETED>    ``(E) The vessel shall be equipped with a 
                sufficient number of operable acoustic hailing and 
                warning devices to provide 360 degrees of communication 
                capability around the vessel. The acoustic hailing and 
                warning devices shall be capable of communicating clear 
                voice instructions to approaching vessels that are 500 
                yards away, over 88 dB of background noise at the 
                listener's position with 90 percent intelligibility. 
                The broadcasts made by such devices shall be 
                directional in nature so as not confuse other vessel 
                operators who are not in the security zone and to limit 
                unnecessary noise. The device controls shall be manned 
                and operable during transits in and out of harbors and 
                whenever another vessel approaches within 500 yards of 
                the passenger vessel.</DELETED>
        <DELETED>    ``(2) Effective dates.--The requirements of 
        paragraph (1) shall take effect 36 months after the date of 
        enactment of the Cruise Vessel Security and Safety Act of 
        2009.</DELETED>
<DELETED>    ``(b) Crew Access to Passenger Staterooms.--The owner, 
charterer, managing operator, master, or individual in charge of a 
vessel to which this section applies shall--</DELETED>
        <DELETED>    ``(1) establish and implement procedures and 
        restrictions concerning--</DELETED>
                <DELETED>    ``(A) which crewmembers have access to 
                passenger staterooms; and</DELETED>
                <DELETED>    ``(B) the periods during which they have 
                that access; and</DELETED>
        <DELETED>    ``(2) ensure that the procedures and restrictions 
        are fully and properly implemented and periodically 
        reviewed.</DELETED>
<DELETED>    ``(c) Log Book and Reporting Requirements.--</DELETED>
        <DELETED>    ``(1) In general.--The owner, charterer, managing 
        operator, master, or individual in charge of a vessel to which 
        this section applies shall--</DELETED>
                <DELETED>    ``(A) record in a log book reports on 
                reported deaths, missing individuals, and each 
                significant alleged crime committed on the vessel, and 
                all passenger and crewmember complaints regarding 
                theft, sexual harassment, and assaults; and</DELETED>
                <DELETED>    ``(B) make such log book available--
                </DELETED>
                        <DELETED>    ``(i) upon request to any agent of 
                        the Federal Bureau of Investigation, any member 
                        of the Coast Guard, and any law enforcement 
                        officer; and</DELETED>
                        <DELETED>    ``(ii) to the Coast Guard in an 
                        electronic format prescribed by the 
                        Commandant.</DELETED>
        <DELETED>    ``(2) Details required.--The information recorded 
        under paragraph (1) shall include, at a minimum--</DELETED>
                <DELETED>    ``(A) the type of vessel;</DELETED>
                <DELETED>    ``(B) the name of the cruise 
                line;</DELETED>
                <DELETED>    ``(C) the flag under which the vessel was 
                operating at the time the reported incident 
                occurred;</DELETED>
                <DELETED>    ``(D) the age of the victim;</DELETED>
                <DELETED>    ``(E) the nature of the alleged crime or 
                complaint, as applicable, including whether the 
                perpetrator was a passenger or a crewmember;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(G) the time, date, and method of the 
                initial report and the law enforcement authority to 
                which the initial report was made;</DELETED>
                <DELETED>    ``(H) the case number or other identifier 
                provided by the law enforcement authority to which the 
                initial report was made; and</DELETED>
                <DELETED>    ``(I) whether the reported incident 
                occurred on land or onboard.</DELETED>
        <DELETED>    ``(3) Requirement to report crimes and other 
        information.--</DELETED>
                <DELETED>    ``(A) In general.--The master of a 
                passenger vessel to which this section applies--
                </DELETED>
                        <DELETED>    ``(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, United States Code, 
                        applies, firing or tampering with the vessel, 
                        or theft of money or property in excess of 
                        $10,000 to report the incident;</DELETED>
                        <DELETED>    ``(ii) shall furnish a written 
                        report of the incident by facsimile or 
                        electronic mail to the Coast Guard National 
                        Command Center and by facsimile to the Federal 
                        Bureau of Investigation;</DELETED>
                        <DELETED>    ``(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 to the nearest Field 
                        Office or Legal Attache by facsimile or 
                        electronic mail; and</DELETED>
                        <DELETED>    ``(iv) may report any other 
                        criminal incident involving passengers or 
                        crewmembers, or both, to the proper State or 
                        local government law enforcement 
                        authority.</DELETED>
                <DELETED>    ``(B) Incidents to which subparagraph (A) 
                applies.--Subparagraph (A) applies to an incident 
                involving criminal activity if--</DELETED>
                        <DELETED>    ``(i) the ship, 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;</DELETED>
                        <DELETED>    ``(ii) the incident concerns an 
                        offense by or against a United States national 
                        committed outside the jurisdiction of any 
                        nation;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Availability of incident data via 
        internet.--</DELETED>
                <DELETED>    ``(A) Website.--The Secretary shall 
                maintain, on an Internet site of the department in 
                which the Coast Guard is operating, a numerical 
                accounting of the missing persons and alleged crimes 
                recorded in each report filed under paragraph (1)(A). 
                The data shall be updated no less frequently than 
                quarterly, aggregated by cruise line, and each cruise 
                line shall be identified by name.</DELETED>
                <DELETED>    ``(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).</DELETED>
<DELETED>    ``(d) Crew Database Requirement.--The Secretary shall 
prescribe regulations that require the owner of each vessel to which 
this section applies to participate in the establishment and 
maintenance of a database for reporting all individuals whose 
employment on such a vessel has been terminated for a matter reported 
under subsection (c)(1)(A).</DELETED>
<DELETED>    ``(e) Rape Kits.--The owner of a vessel to which this 
section applies shall--</DELETED>
        <DELETED>    ``(1) maintain on the vessel adequate, in-date 
        supplies of anti-retroviral medications and other medications 
        used to prevent sexually transmitted diseases after a sexual 
        assault;</DELETED>
        <DELETED>    ``(2) maintain on the vessel equipment and 
        materials for performing a medical examination to evaluate the 
        patient for trauma, treat injury, and collect forensic 
        evidence;</DELETED>
        <DELETED>    ``(3) make available on the vessel at all times an 
        individual licensed to practice as a medical doctor in the 
        United States who has received training in conducting forensic 
        sexual assault examinations, to promptly perform such an 
        examination upon request and to provide proper medical 
        treatment of a victim, including antiretroviral medications and 
        other medications that may prevent the transmission of human 
        immunodeficiency virus and other sexually transmitted 
        diseases;</DELETED>
        <DELETED>    ``(4) prepare, provide to the individual, and 
        maintain written documentation of the performance and findings 
        of such examination that is signed by the individual and ensure 
        that no medical information is released to the cruise line or 
        any legal representative thereof without the prior knowledge 
        and approval in writing of the victim, or, if the victim is 
        unable to provide written authorization, the victim's next-of-
        kin; and</DELETED>
        <DELETED>    ``(5) provide the individual free and immediate 
        access to--</DELETED>
                <DELETED>    ``(A) a description of the toll-free 
                telephone number and website by which the individual 
                may access the National Sexual Assault Hotline and the 
                National Sexual Assault Online Hotline referred to in 
                section 628 of the Adam Walsh Child Protection and 
                Safety Act of 2006 (Public Law 109-248; 42 U.S.C. 
                16985);</DELETED>
                <DELETED>    ``(B) information for local law 
                enforcement and the Federal Bureau of Investigation; 
                and</DELETED>
                <DELETED>    ``(C) a private telephone line and 
                Internet-accessible computer terminal on the cruise 
                ship by which the individual may confidentially access 
                such hotline services.</DELETED>
<DELETED>    ``(f) Crime Scene Investigation Training for Passenger 
Vessel Crewmembers.--The Secretary, in consultation with the Director 
of the Federal Bureau of Investigation, shall develop a training 
curriculum for crewmembers and law enforcement officials of passenger 
vessels to educate them concerning appropriate methods for collecting 
evidence at a crime scene and proper evidence preservation. The 
Administrator of the Maritime Administration may certify organizations 
that offer the curriculum for training and certification under 
subsection (g).</DELETED>
<DELETED>    ``(g) Certification Requirement.--Beginning 2 years after 
the date of enactment of the Cruise Vessel Security and Safety Act of 
2009, no passenger vessel 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 collection of crime scene 
evidence on passenger vessels under subsection (f).</DELETED>
<DELETED>    ``(h) Inspection.--The Secretary shall conduct an annual 
inspection of each passenger vessel seeking to enter a port in the 
United States to determine whether the passenger vessel has adequate 
equipment to investigate covered crimes on the vessel and has at least 
1 crewmember who is certified under subsection (f).</DELETED>
<DELETED>    ``(i) Video Recording.--</DELETED>
        <DELETED>    ``(1) Requirement to maintain surveillance.--The 
        owner of a vessel to which this section applies shall maintain 
        video surveillance to monitor and document crimes as they occur 
        on the vessel and to provide evidence for the prosecution of 
        such crimes, as determined by the Secretary.</DELETED>
        <DELETED>    ``(2) Access to video records.--The owner of a 
        vessel to which this section applies shall provide to law 
        enforcement officials, upon request, a copy of all records of 
        video surveillance that may provide evidence of a crime 
        reported to law enforcement officials.</DELETED>
<DELETED>    ``(j) Safety Information.--The owner of a vessel to which 
this section applies shall--</DELETED>
        <DELETED>    ``(1) prominently post in each stateroom and crew 
        cabin and in other places specified by the Secretary 
        information regarding--</DELETED>
                <DELETED>    ``(A) the name of each country the cruise 
                ship will visit during the course of such 
                carriage;</DELETED>
                <DELETED>    ``(B) the locations in such country of the 
                embassy and each consulate of the United 
                States;</DELETED>
                <DELETED>    ``(C) the contact information for the 
                National Sexual Assault Hotline and the National Sexual 
                Assault Online Hotline referred to in section 628 of 
                the Adam Walsh Child Protection and Safety Act of 2006 
                (Public Law 109-248; 42 U.S.C. 16985);</DELETED>
                <DELETED>    ``(D) telephone numbers for the Federal 
                Bureau of Investigation; and</DELETED>
                <DELETED>    ``(E) the degree to which the owner is 
                responsible or liable for the safety of passengers 
                while they are on shore excursions; and</DELETED>
        <DELETED>    ``(2) include in mandatory crew training the 
        details of this section, its application, and the determination 
        of the United States to protect its citizens against crimes 
        committed at sea.</DELETED>
<DELETED>    ``(k) Criminal Penalties.--</DELETED>
        <DELETED>    ``(1) Penalties.--Any person that 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.</DELETED>
        <DELETED>    ``(2) Denial of entry.--The Secretary may deny 
        entry into the United States to a cruise vessel if the owner of 
        the cruise vessel--</DELETED>
                <DELETED>    ``(A) commits an act or omission for which 
                a penalty may be imposed under this subsection; 
                or</DELETED>
                <DELETED>    ``(B) fails to pay a penalty imposed on 
                the owner under this subsection.</DELETED>
<DELETED>    ``(l) 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.</DELETED>
<DELETED>    ``(m) Regulations.--The Secretary and the Commandant shall 
each issue such regulations as are necessary to implement this 
section.</DELETED>
<DELETED>    ``(n) Application.--This section applies to any passenger 
vessel that embarks or disembarks passengers in the United States or 
that is a vessel of the United States.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by adding at the end the 
following:</DELETED>

<DELETED>``3507. Cruise vessel security and safety requirements.''.

<DELETED>SEC. 4. DETAILING COAST GUARD PERSONNEL TO ENFORCE CRUISE SHIP 
              REQUIREMENTS.</DELETED>

<DELETED>    (a) In General.--Section 7(b)(3) of the Ports and 
Waterways Safety Act (33 U.S.C. 1226(b)(3)) is amended to read as 
follows:</DELETED>
        <DELETED>    ``(3) dispatch properly trained and qualified 
        armed Coast Guard Personnel on vessels and public or commercial 
        structures on or adjacent to waters subject to United States 
        jurisdiction--</DELETED>
                <DELETED>    ``(A) to deter or respond to acts of 
                terrorism or transportation security incidents, as 
                defined in section 70101 of title 46, United States 
                Code;</DELETED>
                <DELETED>    ``(B) to act as environmental observers 
                for the purposes of--</DELETED>
                        <DELETED>    ``(i) monitoring compliance with 
                        the requirements of all applicable Federal laws 
                        and regulations regarding the discharge of 
                        waste into United States territorial 
                        waters;</DELETED>
                        <DELETED>    ``(ii) observing operation and 
                        maintenance procedures for onboard waste 
                        treatment systems;</DELETED>
                        <DELETED>    ``(iii) ensuring the proper 
                        handling and disposal of all hazardous wastes; 
                        and</DELETED>
                        <DELETED>    ``(iv) verifying logbook entries 
                        for all records required by the Coast Guard 
                        related to waste treatment and disposal; 
                        and</DELETED>
                <DELETED>    ``(C) to act as public safety officers for 
                the purposes of--</DELETED>
                        <DELETED>    ``(i) assisting vessel passengers 
                        and crew, as needed, with the reporting and 
                        investigation of potential criminal activities 
                        occurring on board vessels to which section 
                        3507 of title 46, United States Code, applies 
                        while such vessels are in United States 
                        territorial waters;</DELETED>
                        <DELETED>    ``(ii) securing, to the degree 
                        possible, suspected crime scenes on such 
                        vessels; and</DELETED>
                        <DELETED>    ``(iii) collecting evidence of 
                        alleged crimes against passengers and crew on 
                        such vessels.''.</DELETED>
<DELETED>    (b) Fees and Charges.--The Commandant of the Coast Guard 
may promulgate regulations under section 9701 of title 31, United 
States Code, establishing charges for services provided by the Coast 
Guard under section 7(b)(3)(C) of the Ports and Waterways Safety Act 
(33 U.S.C. 1226(b)(3)(C)) as amended by subsection (a).</DELETED>

<DELETED>SEC. 5. STUDY AND REPORT ON THE SECURITY NEEDS OF PASSENGER 
              VESSELS.</DELETED>

<DELETED>    (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 
a passenger vessel depending on number of passengers on the vessel, and 
report to the Congress findings of the study and recommendations for 
improving security on those vessels.</DELETED>
<DELETED>    (b) Report Contents.--In recommending appropriate security 
on those vessels, the report shall take into account typical crewmember 
shifts, working conditions of crewmembers, and length of 
voyages.</DELETED>

<DELETED>SEC. 6. AMENDMENT OF THE DEATH ON THE HIGH SEAS ACT.</DELETED>

<DELETED>    (a) Application of Act.--Section 30302 of title 46, United 
States Code, is amended by striking ``3 nautical miles'' and inserting 
``12 nautical miles''.</DELETED>
<DELETED>    (b) Nonapplication to Incidents Within 12-Mile Limit.--
Section 30308 of title 46, United States Code, is amended by adding at 
the end thereof the following:</DELETED>
<DELETED>    ``(c) Incidents Occurring Within 12-Mile Limit.--This 
chapter does not apply if the death of an individual is caused by 
wrongful act, neglect, or default occurring on the high seas 12 
nautical miles or less from the shore of the United 
States.''.</DELETED>
<DELETED>    (c) Damages.--Section 30303 of title 46, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by inserting ``and nonpecuniary'' after 
        ``pecuniary''; and</DELETED>
        <DELETED>    (2) by adding at the end ``In this section, the 
        term `nonpecuniary loss' means loss of care, comfort, and 
        companionship. The individuals for whose benefit the action is 
        brought may also recover damages for the decedent's pre-death 
        pain and suffering.''.</DELETED>
<DELETED>    (d) Conforming Amendment.--</DELETED>
        <DELETED>    (1) Chapter 303 of title 46, United States Code, 
        is amended by striking section 30307.</DELETED>
        <DELETED>    (2) The chapter analysis for such chapter is 
        amended by striking the item relating to section 
        30307.</DELETED>

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 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 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 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 of Transportation;
                            ``(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 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 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 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 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 of the United States operated by 
        the Federal Government or a vessel 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.
``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 2009, 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 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 
                            crewmembers''.

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 crewmember shifts, 
working conditions of crewmembers, and length of voyages.
                                                       Calendar No. 156

111th CONGRESS

  1st Session

                                 S. 588

                          [Report No. 111-72]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 8, 2009

                       Reported with an amendment