89–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–332 

CRUISE VESSEL SECURITY AND SAFETY ACT OF 2009 

NOVEMBER 7, 2009.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. OBERSTAR, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 3360] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 3360) 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, report favorably thereon without 

amendment and recommend that the bill do pass. 

PURPOSE OF THE LEGISLATION

H.R. 3360, the ‘‘Cruise Vessel Security and Safety Act of 2009’’, 

imposes new security and safety requirements on cruise ships that 

carry at least 250 passengers and call on a port in the United 

States, except as part of a coastwise voyage. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 3360 contains a number of provisions that will enhance the 

safety and security of passengers on board cruise vessels. 

As on land, crimes occur on cruise vessels. Statistics suggest that 

the rate of reported incidents on board cruise vessels is low; however, prosecutions for reported incidents are also very rare. Additionally, except for U.S.-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 U.S. government officials. 

American citizens who travel on cruise ships are subject to the 

laws of the vessel’s flag state, which may not afford them the same 


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rights and protections in the event of a crime that would be afforded under U.S. law. 

The Subcommittee on Coast Guard and Maritime Transportation 

(Subcommittee) held two hearings in 2007 to examine the extent of 

crimes on cruise ships and the effectiveness of current measures in 

preventing crimes on cruise ships and in ensuring the prosecution 

of individuals who commit crimes against Americans on cruises. 

Many of the individuals that testified before the Subcommittee had 

been the victims or the families of victims of crimes aboard cruise 

ships. They recounted practices, procedures, and responses that did 

not support the effective investigation or prosecution of their cases 

or, in some instances, did not even ensure that they received sensitive and supportive care in moments of great vulnerability and 

need. 

Cruise ships with foreign registries are required by law to report 

alleged crimes occurring on board their vessels to U.S. authorities 

when they occur within U.S. territorial waters (see 33 CFR 

§ 120.220). Under current regulations, cruise ships have not been 

required to report crimes to U.S. authorities that occur outside U.S. 

territorial waters under any circumstances (and even if U.S. nationals are involved). 

However, title 18, United States Code, identifies specific crimes 

over which the United States may assert criminal jurisdiction 

under what is known as the Special Maritime and Territorial Jurisdiction. Such jurisdiction applies if: • the ship on which the crime occurs—even if is not registered in the United States is owned in whole or in part by 

U.S. entities and the ship is in the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of 

any particular state; 

• the alleged offense is committed by or against a U.S. national and is committed outside the jurisdiction of any nation; • the crime occurs in U.S. territorial waters, regardless of the 

registration of the vessel or the nationality of the victim or perpetrator; or, 

• the victim or perpetrator is a U.S. national on board a vessel 

during a voyage that departed from or will arrive in a U.S. port. 

If committed under any of the circumstances described above, the 

crimes over which the United States may assert jurisdiction include arson, assault, maiming, embezzlement or theft, receipt of 

stolen property, murder, manslaughter, attempt to commit murder 

or manslaughter, kidnapping, malicious mischief, robbery and burglary, stowaway, aggravated sexual abuse, sexual abuse, abusive 

contact of a minor or ward, abusive sexual contact, terrorism, and 

transportation for illegal sexual activity. 

H.R. 3360 requires that, beginning 18 months after the date of 

enactment of the Act, each vessel to which the section applies must 

comply with specific design and construction standards. The vessels 

must have rails located not less than 42 inches above the cabin 

deck, and must have passenger staterooms and crew cabins 

equipped with peep holes or other means of visual identification. To 

the extent that technology is available, the vessels must integrate 

technology that can detect when passengers have fallen overboard. 

The vessel must also be equipped with operable acoustic hailing or 

warning devices to provide communication capability around the 


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entire vessel when it is operating in high risk waters, as defined 

by the Coast Guard. Beginning on the date of enactment of the Act, 

any vessel the keel of which is laid after the date of enactment of 

the Act must equip passenger staterooms and cabins with security 

latches and time-sensitive key technologies. 

To help combat crimes aboard cruise vessels, H.R. 3360 also requires that the owner of a vessel maintain a video surveillance system to assist in documenting crimes on the vessel and to provide 

evidence for the prosecution of such crimes. In addition, the bill requires owners of vessels to employ physicians meeting certain professional qualifications and to maintain on the vessel adequate, indate supplies of anti-retroviral medications and other medications 

designed to prevent the transmission of sexually transmitted diseases after a sexual assault, as well as equipment and materials 

for performing medical examinations in sexual assault cases. H.R. 

3360 also requires the owner of a vessel to record in a log book, 

either electronically or otherwise, reports on specified complaints. 

In addition, the bill requires the owner of a vessel or the owner’s 

designee to contact the nearest Federal Bureau of Investigation 

(FBI) 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 U.S. national, kidnapping, 

assault with serious bodily injury, any offense to which 18 U.S.C. 

§ 2241, 2242, 2243, or 2244(a), or (c) applies, firing or tampering 

with the vessel or theft of money or property in excess of $10,000 

to report the incident. 

These reporting requirements apply to an incident involving 

criminal activity if: 

• the vessel, regardless of registry, is owned, in whole or in 

part, by a U.S. 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; 

• the incident concerns an offense by or against a U.S. national committed outside the jurisdiction of any nation; 

• the incident occurs in the Territorial Sea of the United 

States, regardless of the nationality of the vessel, the victim, 

or the perpetrator; or 

• the incident concerns a victim or perpetrator who is a U.S. 

national on a vessel that departed from or will arrive at a U.S. 

port. 

The Secretary of Transportation is required to maintain a statistical compilation of certain incidents on an Internet site that provides a numerical accounting of the missing persons and alleged 

crimes recorded in each report that are no longer under investigation. The data shall be updated no less frequently than quarterly 

and aggregated by cruise line (and each cruise line shall be identified by name), and by whether the crime was committed by a passenger or a crew member. 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 of Transportation. 


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SUMMARY OF THE LEGISLATION

Section 1. Short title; table of contents 

Section 1 specifies that the Act may be cited as the ‘‘Cruise Vessel Security and Safety Act of 2009’’. 

Sec. 2. Findings 

Section 2 presents several findings regarding crime aboard cruise 

ships. 

Sec. 3. Cruise vessel security and safety requirements 

Section 3 adds a new section 3507 to title 46, United States 

Code. 

Subsection (a) requires that beginning 18 months after the date 

of enactment of the Act, each vessel to which the section applies 

must comply with specific design and construction standards. The 

vessels must have rails located not less than 42 inches above the 

cabin deck, and must have passenger staterooms and crew cabins 

equipped with peep holes or other means of visual identification. To 

the extent that technology is available, the vessels must integrate 

technology that can detect when passengers have fallen overboard. 

The vessels must also be equipped with operable acoustic hailing 

or warning devices to provide communication capability around the 

entire vessel when it is operating in high risk waters as defined by 

the Coast Guard. 

Immediately upon enactment of the Act, any vessel, the keel of 

which is laid after the date of enactment of the Act, must equip 

passenger staterooms and cabins with security latches and time 

sensitive key technologies. 

Subsection (b) requires that the owner of a vessel to which the 

section applies shall maintain a video surveillance system to assist 

in documenting crimes on the vessel, and to provide evidence for 

the prosecution of such crimes. Any law enforcement official performing official duties in the course and scope of an investigation 

shall be provided access by the ship owner to a copy of all video 

records generated by the surveillance system upon request. 

Subsection (c) requires that the owner of a vessel to which the 

section applies shall provide, in each passenger stateroom, information regarding the locations of the U.S. consulate and the U.S. embassy for each country the vessel will visit during its voyage. 

Subsection (d) requires that the owner of a vessel to which the 

section applies shall maintain on the vessel adequate, in-date supplies of anti-retroviral medications and other medications designed 

to prevent the transmission of sexually transmitted diseases after 

a sexual assault. The vessel must also maintain equipment and 

materials for performing medical examinations in sexual assault 

cases and to evaluate the patient for trauma, provide medical care, 

and preserve evidence. Further, there must be available at all 

times on the vessel’s medical staff who possess a current physician’s or registered nurse’s license; who have either at least three 

years of post-graduate or post-registration clinical practice in general and emergency medicine or board certification in emergency 

medicine, family practice medicine, or internal medicine; and who 

meet guidelines established by the American College of Emergency 

Physicians, and are able to provide assistance in the event of an 


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alleged sexual assault, including conducting forensic sexual assault 

exams and administering proper medical treatment to assault victims. 

The vessel owner must prepare and provide to the patient and 

maintain written documentation of the findings of medical examinations conducted after an alleged assault, and these results must 

be signed by the patient. 

The vessel owner must also provide to the victim of an alleged 

sexual assault free and immediate access to contact information for 

local law enforcement, the FBI, the Coast Guard, the nearest U.S. 

consulate or embassy, and the National Sexual Assault Hotline 

program or other third party victim advocacy hotline service. The 

vessel owner must also make available a private telephone line and 

Internet-accessible computer terminal so that the victim 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. 

Subsection (e) requires that the master or other individual in 

charge of a vessel to which this section applies shall treat information concerning a medical examination performed following an alleged sexual assault confidential so that no information may be released to the cruise line or other owner of the vessel or any legal 

representative thereof without the prior knowledge and written approval of the patient or the patient’s next-of-kin as appropriate. 

However, information other than medical findings necessary for the 

master to comply with log book reporting requirements or other reporting requirements or to secure the safety of passengers and 

crew members may be released and information may be released 

to law enforcement officials performing official duties in the course 

and scope of an investigation. 

The master or other individual in charge of a vessel to which this 

section applies must also treat information derived from post-assault counseling or other supportive services as confidential. No information may be released to the cruise line or any legal representative of the cruise line without the prior knowledge and written approval of the patient or the patient’s next-of-kin as appropriate. 

Subsection (f) requires that the owner of a vessel to which this 

section applies shall establish and implement procedures and restrictions concerning which crewmembers have access to passenger 

staterooms, the period during which they have access, and shall ensure that the procedures and restrictions are fully and properly implemented and periodically reviewed. 

Subsection (g) requires that the owner of a vessel to which this 

section applies shall record in a log book, either electronically or 

otherwise, in a centralized location readily accessible to law enforcement a report on all complaints of certain crimes, all complaints of theft of property valued in excess of $1,000, and all complaints of other crimes committed on any voyage that embarks and 

disembarks passengers in the United States. The owner must make 

the log book available upon request to the FBI, the Coast Guard, 

and any law enforcement officer performing official duties in the 

course and scope of an investigation. 

This subsection requires that entries into log books recording alleged crimes shall include, at a minimum, the name of the vessel 


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operator/cruise line; the flag of the vessel; the age and gender of 

the victim and assailant; the nature of the alleged crime; the vessel’s position at the time of the incident or, if that is not known, 

the position at the time the incident was reported; the time, date, 

and method of the initial report and of the incident; the total number of passengers and crew on the voyage; and the case number of 

the report. 

This subsection also requires the vessel’s owner or designee to 

contact the nearest FBI Field Office or Legal Attach by telephone 

as soon as possible after the occurrence on board the vessel of an 

incident involving homicide, suspicious death, a missing U.S. national, kidnapping, assault with serious bodily injury, any offense 

to which 18 U.S.C. §§ 2241, 2242, 2243, or 2244(a), or (c) applies, 

firing or tampering with the vessel or theft of money or property 

in excess of $10,000 to report the incident. 

These reporting requirements apply to an incident involving 

criminal activity if: 

• the vessel, regardless of registry, is owned, in whole or in 

part, by a U.S. 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; 

• the incident concerns an offense by or against a U.S. national committed outside the jurisdiction of any nation; 

• the incident occurs in the Territorial Sea of the United 

States, regardless of the nationality of the vessel, the victim, 

or the perpetrator; or 

• the incident concerns a victim or perpetrator who is a U.S. 

national on a vessel that departed from or will arrive at a U.S. 

port. 

The Secretary of Transportation is required to maintain a statistical compilation of certain incidents on an Internet site that provides a numerical accounting of the missing persons and alleged 

crimes recorded in each report that are no longer under investigation. The data shall be updated no less frequently than quarterly 

and aggregated by cruise line (and each cruise line shall be identified by name), and by whether the crime was committed by a passenger or a crew member. 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 of Transportation. 

Subsection (h) states that any person who 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 will be $50,000. Any person that willfully violates this section, or a regulation under the 

section, shall be fined not more than $250,000 or imprisoned not 

more than one year, or both. Further, entry into a U.S. port may 

be denied to a vessel to which this section applies if the owner of 

the vessel commits an act or omission for which a penalty may be 

imposed or fails to pay a penalty imposed on the owner under this 

subsection. 

Subsection (i) requires that within six months of the date of enactment of the Act, the Secretary shall issue guidelines, training 


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curricula, and inspection and certification procedures necessary to 

carry out the requirements of this section. 

Subsection (j) requires that the Secretary of Transportation and 

the Commandant of the Coast Guard to each issue regulations necessary to implement this section. 

Subsection (k) states that this section and section 3508 applies 

to a passenger vessel that is authorized to carry at least 250 passengers, has onboard sleeping facilities for each passenger, is on a 

voyage that embarks or disembarks passengers in the United 

States, and is not engaged on a coastwise voyage. The Act does not 

apply to vessels of the United States, or vessels owned and operated by a State. 

Subsection (l) defines the term owner to mean the owner, 

charterer, managing operator, master, or other individual in charge 

of a vessel. 

Section 3 also adds a new section 3508 to title 46, United States 

Code, which establishes standards for crime scene preservation 

training and passenger vessel crewmembers. 

Section 3508(a) states that the Secretary of the department in 

which the Coast Guard is operating, in consultation with the Director of the FBI and the Administrator of the Maritime Administration, shall develop training standards and curricula to allow for the 

certification of passenger vessel security personnel and crewmembers on the appropriate methods for prevention, detection, evidence preservation, and reporting of criminal activities in the international maritime environment. 

Subsection (b) states that the standards established by the Secretary shall include the training and certification of vessel security 

personnel and crewmembers, including recommendations for incorporating a background check process for personnel trained and certified in foreign countries. The standards shall also include the 

training of students and instructors in all aspects of the prevention 

and detection of crime and the preservation of evidence. 

Subsection (c) provides that beginning two years after the standards are established, no vessel to which the section applies may 

enter a U.S. port on a voyage or voyage segment on which a U.S. 

citizen is a passenger unless there is at least one crewmember on 

board who is certified as having successfully completed the required training. 

Subsection (d) states that no vessel to which the subsection applies may enter a U.S. port on a voyage or voyage segment on 

which a U.S. citizen is a passenger unless there is at least one 

crewmember on board who is properly trained in the prevention 

and detection of crime and the preservation of evidence. 

Subsection (e) provides that any person that violates this section 

or any regulation under this section shall be liable for a civil penalty of not more than $50,000. 

Subsection (f) authorizes the Secretary to deny entry into the 

United States to a vessel to which this section applies if the owner 

commits an act or omission for which a penalty may be imposed, 

or fails to pay an imposed penalty. 

Sec. 4. Study and report on the security needs of passenger vessels 

This section requires that, within three months after the date of 

enactment of this Act, the Secretary shall conduct a study of the 


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security needs of passenger vessels and report the findings of the 

study to Congress. 

LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

In the 110th Congress, on March 27, 2007, the Subcommittee 

held a hearing entitled ‘‘Crimes Against Americans on Cruise 

Ships’’. On September 19, 2007, the Subcommittee held a follow-up 

hearing entitled ‘‘Cruise Ship Security Practices and Procedures’’. 

On June 26, 2008, Representative Doris O. Matsui introduced H.R. 

6408, the ‘‘Cruise Vessel Security and Safety Act of 2008’’. 

In the 111th Congress, on July 28, 2009, Representative Doris O. 

Matsui introduced H.R. 3360. On July 30, 2009, the Committee on 

Transportation and Infrastructure met in open session and ordered 

the bill reported favorably to the House by voice vote with a 

quorum present. 

In the Senate, on March 12, 2009, Senator John Kerry introduced S. 588, the ‘‘Cruise Vessel Security and Safety Act of 2009’’. 

On September 8, 2009, the Committee on Commerce, Science, and 

Transportation ordered S. 588, as amended, reported favorably to 

the Senate. 

RECORD VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires each committee report to include the total number of 

votes cast for and against on each record vote on a motion to report 

and on any amendment offered to the measure or matter, and the 

names of those members voting for and against. There were no recorded votes taken in connection with consideration of H.R. 3360 

or ordering the bill reported. A motion to order H.R. 3360 reported 

favorably to the House was agreed to by voice vote with a quorum 

present. 

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 

COST OF LEGISLATION

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely 

submitted prior to the filing of the report and is included in the report. Such a cost estimate is included in this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. With respect to the requirement of clause 3(c)(2) of rule XIII 

of the Rules of the House of Representatives, and section 308(a) of 

the Congressional Budget Act of 1974, the Committee references 

the report of the Congressional Budget Office included in the report. 

2. With respect to the requirement of clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, the performance goals 


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and objectives of this legislation are to ensure passenger security 

and safety aboard cruise ships. 

3. With respect to the requirement of clause 3(c)(3) of rule XIII 

of the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 

enclosed cost estimate for H.R. 3360 from the Director of the Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, August 19, 2009. 

Hon. JAMES L. OBERSTAR, 

Chairman, Committee on Transportation and Infrastructure, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3360, 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, 

ROBERT A. SUNSHINE

(For Douglas W. Elmendorf, Director). 

Enclosure. 

H.R. 3360—Cruise Vessel Security and Safety Act of 2009 

H.R. 3360 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. 

H.R. 3360 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 


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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 access 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). 

On July 29, 2009, CBO transmitted a cost estimate for S. 588, 

the Cruise Vessel Security and Safety Act of 2009, as ordered reported by the Senate Committee on Commerce, Science, and Transportation on July 8, 2009. S. 588 and H.R. 3360 are similar, and 

the CBO estimates are the same. 

The CBO staff contacts for this estimate are Deborah Reis (for 

federal costs) and Jacob Kuipers and Amy Petz (for the private-sector impact). The estimate was approved by Theresa Gullo, Deputy 

Assistant Director for Budget Analysis. 

COMPLIANCE WITH HOUSE RULE XXI 

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, the Committee is required to include a list of congressional earmarks, limited tax benefits, or limited tariff benefits, 

as defined in clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 

the House of Representatives. H.R. 3360 does not contain any earmarks, limited tax benefits, or limited tariff benefits under clause 

9(e), 9(f), or 9(g) of rule XXI. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, committee reports on a bill or joint resolution 

of a public character shall include a statement citing the specific 

powers granted to the Congress in the Constitution to enact the 

measure. The Committee on Transportation and Infrastructure 

finds that Congress has the authority to enact this measure pursuant to its powers granted under article I, section 8 of the Constitution. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act 

(P.L. 104–4). 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee states 

that H.R. 3360 does not preempt any state, local, or tribal law. 


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ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act are created by this legislation. 

APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (P.L. 104–1). 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

CHAPTER 35 OF TITLE 46, UNITED STATES CODE 

CHAPTER 35—CARRIAGE OF PASSENGERS 

Sec. 

3501. Number of passengers. 

* * * * * * * 

3507. Passenger vessel security and safety requirements. 

3508. Crime scene preservation training for passenger vessel crew members. 

* * * * * * * 

§ 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). 


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(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 antiretroviral 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 


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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 crew members have access to passenger staterooms; and 

(B) the periods during which they have that access; and 


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(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 crew member; 

(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, 


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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 

the Secretary via an Internet based portal; 

(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 crew members, 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— 

(i) cruise line, with each cruise line identified by 

name; and 

(ii) whether each crime 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. 


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(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 that is owned and operated by the 

United States Government or a vessel that is 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 crew members 

(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 Administrator, shall develop training standards 

and curricula to allow for the certification of passenger vessel security personnel, crew members, 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, 

crew members, and law enforcement officials in accordance 

with accepted law enforcement and security guidelines, policies, 

and procedures, including recommendations for incorporating a 


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background check process for personnel trained and certified in 

foreign countries; 

(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 crew member 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 crew member 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 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). 

* * * * * * * 


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jbell on DSKDVH8Z91PROD with REPORTSInsert graphic folio 22 HR332.001
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jbell on DSKDVH8Z91PROD with REPORTSInsert graphic folio 23 HR332.002