Text: H.R.3360 — 111th Congress (2009-2010)All Information (Except Text)

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Public Law No: 111-207 (07/27/2010)

 
[111th Congress Public Law 207]
[From the U.S. Government Printing Office]



[[Page 124 STAT. 2243]]

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. <<NOTE: July 27, 2010 -  [H.R. 3360]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Cruise Vessel 
Security and Safety Act of 2010.>> 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short <<NOTE: 46 USC 101 note.>> 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. <<NOTE: 46 USC 3507 note.>> 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 124 STAT. 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 124 STAT. 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 124 STAT. 2246]]

                    ``(B) provide a copy of the security guide to the 
                Federal Bureau of Investigation for comment; and
                    ``(C) <<NOTE: Web posting.>> 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 124 STAT. 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) <<NOTE: Procedures.>> 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 <<NOTE: Records.>> 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 124 STAT. 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 124 STAT. 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 <<NOTE: Deadlines.>> 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 <<NOTE: Deadline. Guidelines.>> 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 124 STAT. 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 <<NOTE: Deadline. Guidelines.>> 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 <<NOTE: Effective 
date.>> 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 124 STAT. 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 <<NOTE: Certification.>> 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 <<NOTE: Effective 
date.>> 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 <<NOTE: 16 USC 1828 note.>> 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 124 STAT. 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.

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