[Senate Report 111-72]
[From the U.S. Government Publishing Office]
Calendar No. 156
111th Congress
1st Session SENATE Report
111-72
_______________________________________________________________________
CRUISE VESSEL SAFETY AND SECURITY ACT OF 2009
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 588
September 8, 2009.--Ordered to be printed
________
U.S. GOVERNMENT PRINTING OFFICE
79-010 WASHINGTON : 2009
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eleventh congress
first session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota JOHN ENSIGN, Nevada
BARBARA BOXER, California JIM DeMINT, South Carolina
BILL NELSON, Florida JOHN THUNE, South Dakota
MARIA CANTWELL, Washington ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas DAVID VITTER, Louisiana
CLAIRE McCASKILL, Missouri SAM BROWNBACK, Kansas
AMY KLOBUCHAR, Minnesota MEL MARTINEZ, Florida
TOM UDALL, Colorado MIKE JOHANNS, Nebraska
MARK WARNER, Virginia
MARK BEGICH, Alaska
Ellen Doneski, Chief of Staff
James Reid, Deputy Chief of Staff
Bruce Andrews, General Counsel
Christine Kurth, Republican Staff Director and General Counsel
Brian Hendricks, Republican Chief Counsel
Todd Bertoson, Republican Senior Counsel
Calendar No. 156
111th Congress Report
SENATE
1st Session 111-72
======================================================================
CRUISE VESSEL SAFETY AND SECURITY ACT OF 2009
_______
September 8, 2009.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
REPORT
[To accompany S. 588]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 588) 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, having considered the same, reports favorably
thereon with an amendment and recommends that the bill (as
amended) do pass.
Purpose of the Bill
The Cruise Vessel Security and Safety Act of 2009 would
increase the security and safety of cruise passengers by
requiring safety enhancements onboard vessels and establishing
clear reporting requirements for crimes that occur.
Background and Needs
In the past several years, reports of sexual assault, rape,
missing persons, and other serious crimes on cruise ships have
increased. Problems with uncertain jurisdiction and inaccurate
reporting of statistics for crimes on cruise ships inhibit a
better understanding of the scope of the issue. Jurisdiction
over cruise ship crime can be complex. It is possible that a
citizen of one nation can commit a crime against a citizen of a
second nation, while underway on a vessel flagged by a third
nation, and in the sovereign waters of a fourth. Foreign-
flagged ships, which comprise all large passenger vessels that
call on U.S. ports except for one passenger vessel operating in
the coastwise trade in Hawaii, are not subject to laws that
apply to U.S.-flagged vessels or land based vacation
destinations. Foreign-flagged vessels are subject to U.S. laws
only when they operate in U.S. territorial waters, which extend
12 miles from the U.S. coastline, or when specific conditions
are imposed on such vessels as a pre-requisite to their entry
into a U.S. port. Foreign-flagged vessels are subject to the
laws of the countries in which they are registered and to
applicable provisions from international treaties that address
the safety of passenger vessels. Cruise ships with foreign
registry are required by title 33 CFR section 120.220 to report
alleged crimes occurring on board their vessels to U.S.
authorities when they occur within U.S. territorial waters. In
addition to jurisdictional challenges, prosecuting a crime that
occurs onboard a ship is more difficult because of the absence
of law enforcement officials trained to preserve evidence and
investigate a crime scene.
There is significant controversy about the accuracy and
availability of criminal security incidents and reports of
missing persons. The Federal Bureau of Investigation (FBI) is
the repository for the voluntary notifications and statistical
compilation of data, but the numbers reported by the FBI and by
the cruise lines are inconsistent and difficult to obtain. On
April 1, 2007, the Cruise Lines International Association
(CLIA), the FBI, and the Coast Guard implemented a voluntary
agreement to streamline the reporting of crimes on cruise ships
under which CLIA members report by telephone any incidents
involving an alleged serious violation of U.S. to the nearest
FBI Field Office or Legat. CLIA members must also provide a
standardized written report. Reporting crimes that do not fall
into any of the categories enumerated in the voluntary
agreement, such as the theft of items valued at less than
$10,000, is optional. Upon receipt of reports of alleged
serious violations of U.S. law, the agreement states that the
FBI will determine on a case-by-case basis whether the reported
information will be investigated and whether the investigation
will be conducted by a Field Office or Legat. The agreement
specifies that each cruise line will make available all
accommodations necessary to support an FBI investigation. There
is currently no federal requirement for reporting crimes to the
FBI outside of U.S. territorial waters, even if involving a
U.S. passenger, nor a process for confirming that CLIA members
notify authorities of all crimes.
Summary of Provisions
The Cruise Vessel Security and Safety Act of 2009 would
require safety and security enhancements on cruise vessels to
increase the safety of passengers. Requirements include
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 in High
Risk Areas. It would also require the reporting of all serious
crime incidents to relevant authorities and a method for a
victim to validate a crime against them is appropriately
reported.
Legislative History
S. 588 was introduced on March 12, 2009 by Senator Kerry. A
hearing on cruise ship safety was held on June 19, 2008. On
July 6, 2009, Senator Kerry, Senator Rockefeller, Senator
Lautenberg, and Senator Nelson offered an amendment in the
nature of a substitute. On July 8, 2009, the Committee met in
open executive session and ordered S.588 as amended reported
favorably.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
July 29, 2009.
Hon. John D. Rockefeller IV,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 588, the Cruise
Vessel Security and Safety Act of 2009.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 588--Cruise Vessel Security and Safety Act of 2009
S. 588 would address the safety of passengers and crew
members on cruise vessels. The bill would require the U.S.
Coast Guard to promulgate safety regulations, develop training
curricula for cruise-ship personnel, and establish
certification and inspection procedures to facilitate
enforcement.
Based on information provided by the agency and assuming
the availability of appropriated funds, CBO estimates that
those activities would cost about $5 million over the 2010-2014
period. The bill also would establish new criminal and civil
penalties, but CBO estimates that any resulting new revenues
(from penalties) or related direct spending (of criminal
penalties from the Crime Victims Fund) would be less than
$500,000 annually.
The bill contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would impose no
costs on state, local, or tribal governments.
S. 588 would impose private-sector mandates, as defined in
UMRA, on owners and operators of certain cruise vessels that
use U.S. ports. Cruise lines that own and operate those vessels
would be required to meet certain safety standards, post
information about the location of U.S. embassies and consulates
for countries on the voyage itinerary, and limit crew access to
passenger cabins. The bill also would require cruise lines to
maintain a log book of alleged crimes, report suspected
criminal activities that occur on their vessels to the
appropriate law enforcement authorities, and provide online
access to data on criminal acts that occur on cruise vessels.
In addition, the bill would require cruise lines to adhere to
specific procedures when assisting victims of a sexual assault
and to carry certain medical supplies and equipment designated
for use in such cases. Lastly, cruise lines would be required
to have at least one crewmember trained in crime scene
investigation onboard while the vessel is in service.
According to the Maritime Administration and the U.S. Coast
Guard, between 125 and 150 cruise vessels that use U.S. ports
would have to comply with the requirements in the bill.
Industry representatives indicate that those vessels already
comply with most of the bill's requirements and that any needed
adjustments in current practice would likely be minor. CBO
therefore expects that the incremental costs of the mandates
would fall below the annual threshold established in UMRA for
private-sector mandates ($139 million in 2009, adjusted
annually for inflation).
The CBO staff contacts for this estimate are Deborah Reis
(for federal costs) and Jacob Kuipers (for the private-sector
impact). The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
There are approximately 300 ocean-going cruise ships in
operation worldwide. Each ship carries an average of 2,000
passengers and 950 crewmembers. It is estimated that 12.6
million Americans took a cruise from a U.S. port in 2008. This
bill is intended to increase the safety and security of those
12.6 million Americans.
ECONOMIC IMPACT
S. 588 would not have a negative economic impact on the
United States. The cost associated with physically upgrading
safety features onboard cruise ships is incurred by individual
cruise lines. Any incidental costs associated with the crime
reporting requirements are consistent with existing data
requirements and will not exceed what is already authorized.
PRIVACY
Given the sensitivity necessary if crimes do occur, S. 588
has specific provisions to protect and increase the privacy of
crime victims onboard passenger vessels.
PAPERWORK
Any additional paperwork for the Coast Guard or the Federal
Bureau of Investigation that may result from the reporting
requirements is aimed at fostering a safer cruise environment
and helping consumers make more informed decisions about their
vacation choices. Any additional paperwork will contribute to
the understanding of crimes that occur onboard cruise ships and
strengthen the ability to prosecute them.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides the
following identification of congressionally directed spending
items contained in the bill, as reported:
Section-by-Section Analysis
Section 1. Short Title; Table of Contents
This section would title the bill the Cruise Vessel Security
and Safety Act of 2009.
Section 2. Findings
This section would include the findings on cruise ship
safety.
Section 3. Cruise Vessel Security and Safety Requirements
This section would create a new section 3507 and 3508 of
title 46, United States Code, to implement security and safety
requirements for passenger vessels embarking or disembarking
passengers from a port in the United States.
Section 3507 would require various vessel design, equipment,
and construction standards; the maintenance of video
surveillance systems; the establishment of basic medical
standards; log book and criminal reporting of certain crimes;
and the publishing of a statistical compilation of such crimes
after the FBI affirms an investigation is complete. The
following provides a more specific description of each
subsection.
Subsection (a). This subsection would require cruise vessels,
as defined in chapter 35 of title 46, United States Code,
within eighteen months from enactment to be equipped with:
handrails not less than 42 inches above the cabin deck, entry
doors that include peep holes on each passenger stateroom and
crew cabin, technology to detect passengers who have fallen
overboard, and acoustic warning and hailing devices for vessels
operating in high risk areas. Any passenger vessel whose keel
was laid after the date of enactment is required to be equipped
with security latches and time-sensitive key technology on each
passenger stateroom and crew cabin.
Subsection (b). This subsection would require the owner of a
vessel to maintain a video surveillance system to monitor and
document crimes as they occur on the vessel and to provide
evidence for the prosecution of such crimes. The video
surveillance records would be required to be provided to law
enforcement officials, upon request.
Subsection (c). This subsection would require the owner of a
vessel to prominently post in each passenger stateroom and crew
cabin information regarding the locations of the United States
embassy and each United States consulate for each country the
cruise ship will visit during the voyage.
Subsection (d). This subsection would require the owner of a
vessel to maintain adequate, in-date supplies of anti-
retroviral and other medications used to prevent sexually
transmitted diseases after a sexual assault, and maintain
equipment and materials for performing a medical examination to
evaluate a patient for trauma, treat injury, and collect
forensic evidence.
The subsection would require an individual to meet guidelines
developed by the American College of Emergency Physicians who
has received training in conducting forensic sexual assault
examination to be onboard the vessel at all times.
Further, the owner of the vessel would also be required to
provide the victim of sexual assault free and immediate access
to information for local law enforcement and the FBI and a
private telephone line and Internet-accessible computer
terminal by which the individual may confidentially access law
enforcement officials, an attorney, or victim advocacy hotline
services.
Subsection (e). This subsection would prevent guest services
counselors, psychologists, and any post-assault service
providers from releasing information to the cruise line or any
legal representatives thereof without prior approval in
writing.
Subsection (f). This subsection would require the
establishment and implementation of procedures and restrictions
concerning which crewmembers have access to passenger
staterooms and the periods during which they have access.
Subsection (g). This subsection would require the owner,
charterer or master of a passenger vessel to maintain a log
book of 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 assault. The log book must be made available to
the FBI, Coast Guard, or law enforcement officers upon request.
This section would require the master of a passenger vessel to
contact the nearest FBI Field Office or Legal Attache
immediately after a crime occurs.
Further, the passenger vessel operator must provide a written
report of the incident to the Secretary of Transportation, the
FBI and the Coast Guard. The reporting of an incident would be
required if the ship is owned in whole or in part by a United
States person and the incident occurs when the vessel is within
the admiralty and maritime jurisdiction of the United States,
the incident concerns an offense by or against a United States
national outside the jurisdiction of any nation, the incident
occurs in the Territorial Seas of the United states, or the
incident concerns a victim or perpetrator who is a United
States national during a voyage that departed from or will
arrive at a United States port. Additionally, the Secretary of
Transportation would be required to maintain a statistical
compilation of all incidents after the FBI confirms their
investigation is complete or unnecessary on a publically
available website and all cruise lines operating in the United
States would be required to link to this compilation from their
website.
Subsection (h). This subsection would set separate civil
penalties for the failure to comply with the requirements of
this Section and a criminal penalty for the willful violation
of this section of not more than one year. Additionally, the
Coast Guard is authorized to deny a vessel entry into the
United States for failing to comply with this new section of
law.
Subsection (i). This subsection would require the Secretary
to issue guidelines, training curricula, and inspection and
certification procedures necessary to carry out this section
within six months of enactment.
Subsection (j). This subsection would permit the Secretary of
Transportation and the Commandant of the Coast Guard authority
to issue regulations necessary to carry out this section.
Subsection (k). This subsection would clarify that the
requirements would apply to any passenger vessel that embarks
or disembarks passengers in the United States or is a vessel of
the United States.
Section 3508 of title 46, United States Code, would establish
crime scene preservation training and certification for
passenger vessel crew members. This section would require the
Secretary of Transportation, in consultation the Director of
the FBI, to develop a training curriculum for crewmembers and
law enforcement officials of passenger vessels to educate them
on the appropriate methods for the prevention, detection,
evidence preservation, and reporting of criminal activities in
the international maritime environment. This section would
prevent any passenger vessel from entering a United States
port, beginning two years after enactment, unless at least one
crewmember onboard is certified as having successfully
completely training in the collection of crime scene evidence
on passenger vessels.
Section 4. Study and Report on the Security Needs of Passenger Vessels
This section would require the Secretary of the department in
which the Coast Guard is operating to conduct a study on the
security needs of a passenger vessel, and report any
recommendations to Congress. The Coast Guard is expected to
conduct outreach with industry stakeholders, victim advocacy
organizations, and other professionals engaged in protecting
the safety and security of passengers and crew members on board
large cruise ships.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
TITLE 46. SHIPPING
SUBTITLE II. VESSELS AND SEAMEN
PART B. INSPECTION AND REGULATION OF VESSELS
CHAPTER 35. CARRIAGE OF PASSENGERS
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).