    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-207
    111th Congress

    An Act

    To amend title 46, United States Code, to establish requirements to
    ensure the security and safety of passengers and crew on cruise vessels,
    and for other purposes. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short <> Title.--This Act may be cited
    as the ``Cruise Vessel Security and Safety Act of 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

    [[Page 2244]]

    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.

    [[Page 2245]]

    ``(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;

    [[Page 2246]]

    ``(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, 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.

    [[Page 2247]]

    ``(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--

    [[Page 2248]]

    ``(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;

    [[Page 2249]]

    ``(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;

    [[Page 2250]]

    ``(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 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

    [[Page 2251]]

    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 2006 (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 2006 (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

    [[Page 2252]]

    Congressional Record by the Chairman of the Senate Budget Committee,
    provided that such statement has been submitted prior to the vote on
    passage.

    Approved July 27, 2010.

    LEGISLATIVE HISTORY--H.R. 3360:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 111-332 (Comm. on Transportation and Infrastructure).
    CONGRESSIONAL RECORD:
    Vol. 155 (2009):
    Nov. 17, considered and passed
    House.
    Vol. 156 (2010):
    June 10, considered and passed
    Senate, amended.
    June 30, House concurred in Senate
    amendment.