[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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