[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).