[Congressional Record (Bound Edition), Volume 156 (2010), Part 9]
[House]
[Pages 12464-12469]
[From the U.S. Government Publishing Office, www.gpo.gov]




             CRUISE VESSEL SECURITY AND SAFETY ACT OF 2010

  Mr. CUMMINGS. Mr. Speaker, I move to suspend the rules and concur in 
the Senate amendment to the bill (H.R. 3360) to amend title 46, United 
States

[[Page 12465]]

Code, to establish requirements to ensure the security and safety of 
passengers and crew on cruise vessels, and for other purposes.
  The Clerk read the title of the bill.
  The text of the Senate amendment is as follows:

       Senate amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Cruise 
     Vessel Security and Safety Act of 2010''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

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

     SEC. 2. FINDINGS.

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

     SEC. 3. CRUISE VESSEL SECURITY AND SAFETY REQUIREMENTS.

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

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

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

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

       ``(B) provide a copy of the security guide to the Federal 
     Bureau of Investigation for comment; and
       ``(C) publicize the security guide on the website of the 
     vessel owner.
       ``(2) Embassy and consulate locations.--The owner of a 
     vessel to which this section applies shall provide in each 
     passenger stateroom, and post in a location readily 
     accessible to all crew and in other places specified by the 
     Secretary, information regarding the locations of the United 
     States embassy and each consulate of the United States for 
     each country the vessel will visit during the course of the 
     voyage.
       ``(d) Sexual Assault.--The owner of a vessel to which this 
     section applies shall--
       ``(1) maintain on the vessel adequate, in-date supplies of 
     anti-retroviral medications and other medications designed to 
     prevent sexually transmitted diseases after a sexual assault;
       ``(2) maintain on the vessel equipment and materials for 
     performing a medical examination in sexual assault cases to 
     evaluate the patient for trauma, provide medical care, and 
     preserve relevant medical evidence;
       ``(3) make available on the vessel at all times medical 
     staff who have undergone a credentialing process to verify 
     that he or she--
       ``(A) possesses a current physician's or registered nurse's 
     license and--
       ``(i) has at least 3 years of post-graduate or post-
     registration clinical practice in general and emergency 
     medicine; or
       ``(ii) holds board certification in emergency medicine, 
     family practice medicine, or internal medicine;
       ``(B) is able to provide assistance in the event of an 
     alleged sexual assault, has received training in conducting 
     forensic sexual assault examination, and is able to promptly 
     perform such an examination upon request and provide proper 
     medical treatment of a victim, including administration of 
     anti-retroviral medications and other medications that may 
     prevent the transmission of human immunodeficiency virus and 
     other sexually transmitted diseases; and
       ``(C) meets guidelines established by the American College 
     of Emergency Physicians relating to the treatment and care of 
     victims of sexual assault;
       ``(4) prepare, provide to the patient, and maintain written 
     documentation of the findings of such examination that is 
     signed by the patient; and
       ``(5) provide the patient free and immediate access to--
       ``(A) contact information for local law enforcement, the 
     Federal Bureau of Investigation,

[[Page 12466]]

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

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

       ``(a) In General.--Within 1 year after the date of 
     enactment of the Cruise Vessel Security and Safety Act of 
     2010, the Secretary, in consultation with the Director of the 
     Federal Bureau of Investigation and the Maritime 
     Administration, shall develop training standards and 
     curricula to allow for the certification of passenger vessel 
     security personnel, crewmembers, and law enforcement 
     officials on the appropriate methods for prevention, 
     detection, evidence preservation, and reporting of criminal 
     activities in the international maritime environment. The 
     Administrator of the Maritime Administration may certify 
     organizations in the United States and abroad that offer the 
     curriculum for training and certification under subsection 
     (c).
       ``(b) Minimum Standards.--The standards established by the 
     Secretary under subsection (a) shall include--
       ``(1) the training and certification of vessel security 
     personnel, crewmembers, and law enforcement officials in 
     accordance with accepted

[[Page 12467]]

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

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

     SEC. 4. OFFSET OF ADMINISTRATIVE COSTS.

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

     SEC. 5. BUDGETARY EFFECTS.

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

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Maryland (Mr. Cummings) and the gentleman from New Jersey (Mr. 
LoBiondo) each will control 20 minutes.
  The Chair recognizes the gentleman from Maryland.


                             General Leave

  Mr. CUMMINGS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and to include extraneous material on H.R. 3360.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Maryland?
  There was no objection.
  Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today to urge the passage of the Senate 
amendments to H.R. 3360, the Cruise Vessel Security and Safety Act of 
2010. The House passed H.R. 3360 on November 17 by a vote of 416-4. On 
June 10, 2010, the Senate passed this legislation with an amendment 
which is now before us for consideration today.
  I applaud my distinguished colleague, Congresswoman Doris Matsui, the 
author of H.R. 3360, for her hard work on this legislation and for her 
tireless work on behalf of her constituent, Ms. Laurie Dishman, and of 
all victims of crimes on cruise ships.
  As chairman of the Subcommittee on the Coast Guard and Maritime 
Transportation, I've convened two hearings to examine the issue of 
crime on cruise ships. I applaud Ms. Dishman and so many other victims 
and family members of victims for testifying before my subcommittee and 
for their long effort to support the development of legislation that 
would help ensure no one else is a victim of a crime on a cruise ship.
  Almost all of the nearly 200 cruise vessels embarking and 
disembarking passengers in the U.S. are registered in foreign 
countries. As a result, when Americans step onto a cruise vessel, they 
are stepping onto what becomes a floating piece of another country's 
jurisdiction as soon as it leaves U.S. waters.
  All available statistics indicate that crime is rare on cruise 
vessels, but it does happen. Therefore, H.R. 3360 seeks to improve the 
safety of passengers on cruise vessels by requiring commonsense 
measures to help prevent criminal activity and to ensure cruise lines 
respond appropriately when a crime occurs, including, by providing 
proper care for crime victims and securing crime scenes.
  I believe that H.R. 3360 responds directly to the problems we 
examined in our hearings by requiring reasonable alterations in vessel 
design, equipment, and construction standards to increase the physical 
safety and security of passengers.
  For example, H.R. 3360 requires that cruise vessels install peepholes 
or similar features in cabin doors so that passengers can identify who 
is at their door without having to open the door.
  H.R. 3360 also requires that cruise vessels have railings that are at 
least 42 inches high to help prevent passengers from falling overboard. 
This legislation also requires that cruise ships have onboard trained 
medical personnel who can provide treatment to assault victims, collect 
evidence to support prosecutions, and administer antiretroviral 
medications. This legislation also requires that a store of such 
medications be maintained on cruise vessels.
  And at this point, Mr. Speaker, I would also like to give credit to 
my colleague on our subcommittee and committee, Congresswoman Corrine 
Brown of Florida, who fought very hard to make sure that folks who may 
have been victims of rape had the appropriate personnel to address 
their concerns, as did Ms. Matsui. These provisions are critical to 
ensuring that those who are victims of sexual assault have immediate 
access to state-of-the-art medical care.
  H.R. 3360 also specifies certain crimes that must be reported to U.S. 
authorities by any vessel calling on a U.S. port, and it requires the 
government to maintain an Internet site that provides a numerical 
accounting of the reported crimes. Such statistics will be aggregated 
by individual cruise lines, and cruise lines will be required to 
maintain a link to the site on their own Web pages.
  The Senate amendment made several changes to the legislation passed 
by the House. Some of these changes enhance the legislation, including 
the addition of a provision requiring cruise ships to inform passengers 
of jurisdictional authority applicable to crimes occurring in United 
States territorial waters, on the high seas, and in the countries 
visited by the vessel.
  That said, the Senate amendment also eliminates a number of reports 
unrelated to crime on cruise ships that have been required by other 
pieces of legislation to be submitted to the Congress by the Coast 
Guard, including a

[[Page 12468]]

report on foreign-flagged vessels calling on U.S. ports and a report on 
Coast Guard staffing levels in search and rescue centers.
  I understand that the elimination of these reports was demanded by a 
few Senators, ostensibly to offset the costs of implementing safety and 
security reforms on cruise vessels. I do not believe that measures that 
improve safety and security, and particularly not measures such as H.R. 
3360, which imposes almost all new requirements on the cruise lines 
themselves, should require offsets, and particularly not offsets such 
as these.
  That said, enactment of H.R. 3360 will make cruising safer for the 
millions of Americans who travel on cruise vessels each year, and I 
urge all of the Members of the House to join in passing the Senate 
amendments to H.R. 3360.
  I also take this moment to thank my ranking member, Mr. LoBiondo, for 
our bipartisan efforts in seeing that this legislation got to the floor 
and is passed.
  I again commend Congresswoman Matsui for her dedication to this cause 
and for her extraordinary work on H.R. 3360.
  Mr. Speaker, I reserve the balance of my time.

                              {time}  1915

  Mr. LoBIONDO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the House is considering the Senate amendments to H.R. 
3360, the Cruise Ship Security and Safety Act of 2010. I supported 
passage of the original bill and intend to support this final version 
because, on the whole, the bill is a significant improvement over 
legislation that was considered by the House in the 110th Congress.
  The Committee on Transportation and Infrastructure has closely 
examined the factors that are impacting the safety and security of 
American citizens aboard cruise ships that operate in and out of United 
States ports. H.R. 3360 makes commonsense improvements which will 
enhance safeguards for passengers during the cruise. While no level of 
procedural or structural modification can prevent all incidents from 
occurring, I believe this bill will significantly enhance the 
capabilities of both passengers and cruise lines in the future.
  The bill will also codify an agreement between the FBI and cruise 
ship lines which will require cruise operators to immediately notify 
Federal law enforcement agencies of major incidents that occur aboard a 
vessel.
  I am concerned by one change that was included in the Senate bill to 
expand criminal liability to apply to a wide range of actions under the 
bill. This goes far beyond what was agreed to in the original House 
bill, and I believe we should review the impacts of this language at 
some point in the future.
  That being said, the bill will provide additional protections to U.S. 
passengers, and I ask all Members to join me in supporting the bill.
  I reserve the balance of my time.
  Mr. CUMMINGS. Mr. Speaker, I yield 4 minutes to the sponsor of the 
bill who has worked very hard on this legislation for years now, the 
distinguished lady from California, Congresswoman Matsui.
  Ms. MATSUI. I thank the gentleman from Maryland for yielding me time.
  Mr. Speaker, I rise in support of the Senate amendments to H.R. 3360, 
the Cruise Vessel Security and Safety Act, legislation that I 
introduced and which passed the House by a strong bipartisan vote of 
416-4 in November of last year. The bill received similar support in 
the Senate, which passed it with unanimous consent earlier this month.
  The Senate amendments to this legislation are also bipartisan in 
nature, and I urge my colleagues to support the bill before us that 
would send critical consumer protection language to the President for 
his consideration. For far too long American families have unknowingly 
been at risk when embarking on cruise vacations.
  Four years ago, one of my constituents, Laurie Dishman, wrote to me 
for help. Laurie was the victim of a sexual assault while on a cruise 
vacation. She was given no assistance by the cruise line in properly 
securing evidence of the assault, no assistance in identifying her 
attacker, no assistance in prosecuting the crime once back on shore. 
Devastated, Laurie reached out to me, and I immediately worked with 
Chairman Cummings, who committed to me to hold hearings on this issue 
and began to work on this critical legislation.
  These hearings made apparent the gross inadequacies of current cruise 
safety provisions. And with ongoing news coverage of rapes on cruise 
ships, it is clear that this legislation is both urgent and necessary. 
My legislation establishes stringent new standards to ensure the safety 
and security of passengers on cruise vessels. Its reforms include 
requiring that vessel personnel be able to preserve evidence of crimes 
committed on these vessels, and provide appropriate medical treatment 
to the victims of sexual assaults.
  Security, safety, and accountability must all be strengthened to hold 
criminals accountable and end the cycle of serious, dangerous crimes 
aboard cruise ships.
  I would like to thank both Chairmen, Cummings and Oberstar for the 
good work their committees and staffs have done on this bill and for 
their tremendous support in making this bill a reality. I would also 
like to thank my colleagues on the other side of the aisle for their 
support. This has been a long, difficult road for all cruise victims 
and their families. And believe me, this legislation is truly a result 
of their courage, their dedication, and their conviction to preventing 
further crimes from happening.
  I urge my colleagues to support this important legislation and pave 
the way for safety of all cruise passengers.
  Mr. LoBIONDO. Mr. Speaker, I yield to my colleague from Texas, 
Congressman Poe, such time as he may consume.
  Mr. POE of Texas. I appreciate the gentleman for yielding.
  I rise totally in support of H.R. 3360, the Cruise Vessel Security 
and Safety Act of 2010. This legislation passed the House with strong 
support in November of last year, and I am pleased to see it return 
from the other body as an improved bill ready for final passage. I 
commend my colleague, Ms. Matsui of California, who has been relentless 
as an advocate for protection of the cruise line passengers.
  Mr. Speaker, every year cruise line companies carry over 10 million 
Americans to and from American ports. The cruise lines promise 
Americans safety, security, fun, and relaxation aboard the ships. But 
as we have seen, safety is not something the cruise lines are always 
prepared to guarantee.
  According to the FBI, sexual assault is the leading crime reported 
and investigated by the agency among crimes that occur on the high 
seas. In fact, in a 2005 hearing before the Committee on Government 
Reform, Chris Swecker, assistant director of the Criminal Investigative 
Division of the FBI, noted that, ``Sexual assaults are the dominant 
threat to women and minors on the high seas, with the majority of these 
incidences occurring on cruise ships.'' His statements are backed up by 
the disturbing frequency of assaults onboard these ships. During one 6-
month period in 2007, the cruise lines reported 41 separate instances 
of sexual assault to the FBI, 19 of which were categorized as rape.
  There are troubling patterns to these assaults. In 2007, a Los 
Angeles Times report revealed that over a 32-month period, Royal 
Caribbean reported over 250 incidents of sexual assault, battery, and 
harassment. But the most startling fact about these cases: Almost 40 
percent of these crimes were committed by cruise company employees. In 
fact, Ms. Matsui's constituent, Laurie Dishman, was sexually assaulted 
by a cruise ship security guard.
  Laurie Dishman knew what to do, which was call her Member of 
Congress. And when Ms. Matsui found out about this situation, she did 
what she needed to do and worked relentlessly with both sides of the 
body here to make sure that this legislation came to a vote and now 
final passage.
  Mr. Speaker, the frequency of these cases and the overwhelming 
statistics

[[Page 12469]]

should not be tolerated. If U.S.-based cruise ship companies who own 
and operate foreign-flagged passenger vessels want to access millions 
of Americans who travel on these ships, they should be required to 
implement simple, proper safety and security improvements for all 
travelers.
  As the cochair and founder of the Congressional Victims' Rights 
Caucus, I am proud to support H.R. 3360. This bill will implement 
necessary safety measures onboard cruise ships, including video 
surveillance and proper documentation of complaints by passengers. Most 
importantly, the law mandates that cruise ship personnel contact both 
the FBI and the Coast Guard as soon as serious crimes like homicide, 
kidnapping, and assault are reported by the passengers.
  This strong legislation will protect the safety of millions of 
Americans and hold law violators accountable for sexual assault on the 
high seas. No longer will criminals be able to hide on our oceans when 
they commit crimes against Americans. So I urge my colleagues to 
support this bill.
  Mr. OBERSTAR. Mr. Speaker, I rise today in strong support of the 
Senate amendment to H.R. 3360, the ``Cruise Vessel Security and Safety 
Act of 2010.''
  Serious crimes are committed at sea aboard cruise vessels just as 
they are committed on land. Over the last five years, sexual and 
physical assaults were the leading crimes committed aboard cruise 
vessels and investigated by the Federal Bureau of Investigation.
  Alarmingly, it is not known precisely how often crimes are committed 
on cruise vessels or how many people have disappeared during ocean 
voyages because cruise lines that are registered in countries other 
than the United States are not required to make crime-related data 
available.
  In fact, only one of the nearly 200 cruise vessels that serve the 
North American market is registered in the United States. This means 
that only one cruise vessel serving the North American market is, at 
all times, subject to the laws of the United States and required to 
report incidents of alleged crimes to United States law enforcement 
agencies.
  While there are limited circumstances in which the U.S. can assert 
jurisdiction over some crimes occurring on cruise ships, cruise vessels 
registered in foreign countries directly fall under the jurisdiction of 
the United States only when they are operating in U.S. waters--in U.S. 
ports or sailing within 12 miles of the U.S. coast.
  At all other times, foreign-registered vessels operate subject to the 
laws of the country in which the vessel is registered or in whose 
waters they are travelling. The laws in these countries may not--and 
often do not--provide the same rights and protections to crime victims 
that would be provided under U.S. law.
  However, foreign-registered cruise vessels can be subject to some 
U.S. laws as a condition of entry into U.S. ports.
  By applying conditions upon U.S. port entry, H.R. 3360 seeks to 
bridge some of the potential gaps between the rights, protections, and 
access to assistance that are available to victims of crime under U.S. 
law and the laws of other countries.
  H.R. 3360 establishes stringent new standards including training for 
ships' personnel to preserve evidence of crimes and provide appropriate 
medical treatment. Specifically, H.R. 3360 requires cruise lines to aid 
U.S. investigators by training crewmembers in crime scene preservation, 
by mandating log book entries detailing complaints of crimes, and by 
making available video tapes and other forms of evidence.
  The legislation also provides much-needed support for the victims of 
crime by requiring cruise lines to provide on board medical 
professionals who are trained to treat victims of sexual assaults, 
medications, and access to victims' support services.
  In addition, H.R. 3360 ensures that the public can make informed 
choices before booking a cruise. The bill requires the Secretary of 
Homeland Security to compile and maintain statistical data of certain 
incidents on an internet website. The data would identify each cruise 
line and each cruise line would be required to provide a link on its 
internet site to the website maintained by the Secretary.
  Finally, H.R. 3360 enhances the safety and security of cruise 
passengers by requiring cruise lines to upgrade, modernize, and 
retrofit the safety and security infrastructure on their vessels by 
installing peep holes in passenger doors, video surveillance cameras, 
time-sensitive electronic key technology, higher railings, and acoustic 
hailing devices.
  It is estimated that 10.6 million Americans enjoyed a cruise vacation 
in 2007. Millions more have cruised since and millions more will cruise 
in the future. We need to ensure the security and safety of passengers 
and crews on cruise vessels and to provide support for the victims of 
crime at sea.
  With passage of this legislation today, the bill will be cleared for 
the President's consideration.
  Before closing, I want to acknowledge the extraordinary work of the 
gentlewoman from California (Ms. Matsui) for bringing us to this point. 
In 2006, Ms. Matsui's constituent, Laurie Dishman, who was the victim 
of a crime aboard a cruise ship, reached out to Ms. Matsui and Congress 
for help in addressing the significant shortcomings of cruise vessel 
safety and security. Ms. Dishman had the courage and fortitude to tell 
her heart-wrenching story to our Committee in a hearing on these 
issues. Knowing Ms. Dishman's story, Ms. Matsui drafted this bill and 
has worked for more than three years to get Congress to this point.
  I also thank the gentlemen from Arizona (Mr. Shadegg and Mr. 
Mitchell), who have strongly supported this bill on behalf of the 
daughter of an Arizona constituent. Merrian Carver disappeared from a 
cruise ship in August 2004, and was never found. What makes Ms. 
Carver's case even more shocking is not just that a vibrant, young 
woman was lost, but that her disappearance was not reported by the 
cruise line to the U.S. Coast Guard or the FBI until well after the 
voyage ended.
  Finally, I thank Chairman Jay Rockefeller, Chairman of the Senate 
Committee on Commerce, Science, and Transportation, for working to 
overcome Republican objections to the bill, enabling Senate passage of 
the legislation.
  With enactment of this legislation, I am hopeful that the stories of 
Laurie Dishman and Merrian Carver will become a thing of the past. 
Although we cannot stop all crimes aboard cruise ships (or anywhere 
else), we can ensure that Americans will be protected by our system of 
justice.
  I urge my colleagues to join me in supporting the Senate amendment to 
H.R. 3360, the ``Cruise Vessel Security and Safety Act of 2010.''
  Mr. LoBIONDO. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. CUMMINGS. In closing, I will just urge my colleagues to vote in 
favor of this very, very important piece of legislation that will have 
far-reaching effects.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Maryland (Mr. Cummings) that the House suspend the rules 
and concur in the Senate amendment to the bill, H.R. 3360.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate amendment was concurred in.
  A motion to reconsider was laid on the table.

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