I 

113TH CONGRESS 

1ST SESSION H. R. 2800 

To improve passenger vessel security and safety, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 23, 2013 

Ms. MATSUI (for herself and Mr. POE of Texas) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To improve passenger vessel security and safety, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; REFERENCES. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Cruise Passenger Protection Act’’. 

6 (b) REFERENCES TO TITLE 46, UNITED STATES

7 CODE.—Except as otherwise expressly provided, wherever 

8 in this Act an amendment or repeal is expressed in terms 

9 of an amendment to, or repeal of, a section or other provi10 sion, the reference shall be considered to be made to a 

11 section or other provision of title 46, United States Code. 


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1 SEC. 2. CRUISE VESSEL SUBCHAPTER. 

2 Chapter 35 is amended: 

3 (1) by inserting before section 3501 the fol4 lowing: 

5 ‘‘Subchapter I—General Provisions’’; 

6 (2) by inserting before section 3507 the fol7 lowing: 

8 ‘‘Subchapter II—Cruise Vessels’’; 

9 and 

10 (3) by redesignating sections 3507 and 3508 as 

11 sections 3523 and 3524, respectively. 

12 SEC. 3. APPLICATION. 

13 Chapter 35, as amended by section 2 of this Act, is 

14 further amended by inserting before section 3523 the fol15 lowing: 

16 ‘‘§ 3521. Application 

17 ‘‘(a) IN GENERAL.—This subchapter applies to a 

18 passenger vessel (as defined in section 2101(22)) that— 

19 ‘‘(1) is authorized to carry at least 250 pas20 sengers; 

21 ‘‘(2) has on board sleeping facilities for each 

22 passenger; 

23 ‘‘(3) is on a voyage that embarks or disembarks 

24 passengers in the United States; and 

25 ‘‘(4) is not engaged on a coastwise voyage. 


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1 ‘‘(b) FEDERAL AND STATE VESSELS.—This sub2 chapter does not apply to a vessel of the United States 

3 operated by the Federal Government or a vessel owned 

4 and operated by a State.’’. 

5 SEC. 4. DEFINITIONS. 

6 Chapter 35, as amended by section 3 of this Act, is 

7 further amended by inserting after section 3521 the fol8 lowing: 

9 ‘‘§ 3522. Definitions 

10 ‘‘In this subchapter: 

11 ‘‘(1) COMMANDANT.—The term ‘Commandant’ 

12 means the Commandant of the Coast Guard. 

13 ‘‘(2) OWNER.—The term ‘owner’ means the 

14 owner, charterer, managing operator, master, or 

15 other individual in charge of a vessel. 

16 ‘‘(3) SECRETARY.—Except as otherwise ex17 pressly provided, the term ‘Secretary’ means the 

18 Secretary of the department in which the Coast 

19 Guard is operating.’’. 

20 SEC. 5. BILL OF RIGHTS. 

21 Not later than 180 days after the date of enactment 

22 of the Cruise Passenger Protection Act, the Secretary of 

23 Transportation shall determine whether any of the enu24 merated rights in the international cruise line passenger 

25 bill of rights, that was adopted by the members of the 


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1 Cruise Lines International Association, are enforceable 

2 under Federal law. 

3 SEC. 6. CRIME REPORTING AND PUBLIC NOTICE. 

4 (a) AVAILABILITY OF LOG BOOK AND ENTRIES TO

5 FBI AND OTHER INVESTIGATORS.—Section 3523(g)(1), 

6 as redesignated under section 2 of this Act, is amended— 

7 (1) in subparagraph (A), by striking ‘‘in a cen8 tralized location readily accessible to law enforce9 ment personnel,’’; and 

10 (2) in subparagraph (B), by striking ‘‘make 

11 such log book available’’ and inserting ‘‘make the log 

12 book and all entries therein available, whether the 

13 log book and entries are maintained on board the 

14 vessel or at a centralized location off the vessel,’’. 

15 (b) DEADLINE TO NOTIFY FEDERAL BUREAU OF IN16 VESTIGATION REGARDING CERTAIN INCIDENTS.—Section 

17 3523(g)(3)(A)(i), as redesignated under section 2 of this 

18 Act, is amended— 

19 (1) by striking ‘‘shall contact’’ and inserting 

20 ‘‘subject to subparagraph (C), shall contact’’; and 

21 (2) by striking ‘‘after the occurrence on board 

22 the vessel of an incident involving’’ and inserting ‘‘, 

23 but not later than 4 hours, after an employee of the 

24 vessel is notified of an incident on board the vessel 

25 allegedly involving’’. 


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1 (c) REPORTS BEFORE DEPARTURE.—Section 

2 3523(g)(3), as redesignated under section 2 of this Act, 

3 is amended by adding at the end the following: 

4 ‘‘(C) REPORTS BEFORE DEPARTURE.—If 

5 an employee of a vessel to which this sub6 chapter applies is notified of an incident under 

7 subparagraph (A)(i) while the vessel is within 

8 the admiralty and maritime jurisdiction of the 

9 United States and en route to a United States 

10 port or at a United States port, the owner of 

11 the vessel (or the owner’s designee) shall con12 tact the nearest Federal Bureau of Investiga13 tion Field Office or Legal Attache not later 

14 than the time specified under subparagraph 

15 (A)(i) or before the vessel departs port, which16 ever is earlier.’’. 

17 (d) REPORTS TO UNITED STATES CONSULATES.— 

18 Section 3523(g)(3), as redesignated under section 2 of 

19 this Act and as amended by subsection (c) of this section, 

20 is further amended by adding at the end the following: 

21 ‘‘(D) REPORTS TO UNITED STATES CON22 SULATES.—If an incident under subparagraph 

23 (A)(i) allegedly involves an offense by or 

24 against a United States national, in addition to 

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1 tigation Field Office or Legal Attache under 

2 that subparagraph, the owner of a vessel to 

3 which this subchapter applies (or the owner’s 

4 designee) shall contact the United States con5 sulate at the next port of call not later than the 

6 time specified under subparagraph (A)(i).’’. 

7 (e) REPORTS TO SECRETARY OF TRANSPORTATION; 

8 INCIDENTS AND DETAILS.—Section 3523(g)(3)(A), as re9 designated under section 2 of this Act, is amended— 

10 (1) in clause (ii), by striking ‘‘the incident to an 

11 Internet based portal maintained by the Secretary’’ 

12 and inserting ‘‘each incident under clause (i), includ13 ing the details under paragraph (2), to the Internet 

14 based portal maintained by the Secretary of Trans15 portation under section 3525(a)’’; and 

16 (2) in clause (iii), by striking ‘‘by the Sec17 retary’’ and inserting ‘‘by the Secretary of Transpor18 tation under section 3525(a)’’. 

19 (f) AVAILABILITY OF SECURITY GUIDE VIA INTER20 NET.—Section 3523(c)(1), as redesignated under section 

21 2 of this Act, is amended— 

22 (1) in subparagraph (A)— 

23 (A) by striking ‘‘a guide (referred to in 

24 this subsection as the ‘security guide’ ’’ and in25 serting ‘‘a security guide’’; and 


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1 (B) by striking ‘‘English, which’’ and in2 serting ‘‘English, that’’; and 

3 (2) in subparagraph (C), by striking ‘‘on the 

4 website of the vessel owner’’ and inserting ‘‘via a 

5 prominently accessible link on each Internet website 

6 that the cruise line maintains for passengers to pur7 chase or book cruises on any vessel that the cruise 

8 line owns or operates, and to which this subchapter 

9 applies’’. 

10 SEC. 7. CRIME PREVENTION, DOCUMENTATION, AND RE11 SPONSE REQUIREMENTS. 

12 (a) MAINTENANCE AND PLACEMENT OF VIDEO SUR13 VEILLANCE EQUIPMENT.—Section 3523(b)(1), as redesig14 nated under section 2 of this Act, is amended— 

15 (1) by inserting ‘‘(A) IN GENERAL.—’’ before 

16 ‘‘The owner’’ and resetting the text accordingly; 

17 (2) by striking ‘‘, as determined by the Sec18 retary’’; and 

19 (3) by adding at the end, the following: 

20 ‘‘(B) PLACEMENT OF VIDEO SURVEIL21 LANCE EQUIPMENT.—With regard to the place22 ment of video surveillance equipment on a ves23 sel under subparagraph (A), the owner shall— 

24 ‘‘(i) place video surveillance equipment 

25 in each passenger common area where a 


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1 person has no reasonable expectation of 

2 privacy; 

3 ‘‘(ii) place video surveillance equip4 ment in other areas where a person has no 

5 reasonable expectation of privacy; and 

6 ‘‘(iii) place video surveillance equip7 ment in each area identified under clauses 

8 (i) and (ii) in a manner that provides opti9 mum surveillance of that area.’’. 

10 (b) ACCESS TO VIDEO RECORDS.—Section 3523(b), 

11 as redesignated under section 2 of this Act, is amended— 

12 (1) by redesignating paragraph (2) as para13 graph (3); and 

14 (2) in paragraph (3), as redesignated— 

15 (A) by inserting ‘‘(A) LAW ENFORCE16 MENT.—’’ before ‘‘The owner’’ and resetting 

17 the text accordingly; and 

18 (B) by adding at the end, the following: 

19 ‘‘(B) CIVIL ACTIONS.—The owner of a ves20 sel to which this subchapter applies shall pro21 vide to any individual or the individual’s legal 

22 representative, upon written request, a copy of 

23 all records of video surveillance— 

24 ‘‘(i) in which the individual is a sub25 ject of the video surveillance; and 


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1 ‘‘(ii) that may provide evidence in a 

2 civil action. 

3 ‘‘(C) LIMITED ACCESS.—Except as pro4 vided under subparagraphs (A) and (B), the 

5 owner of a vessel to which this subchapter ap6 plies shall ensure that access to records of video 

7 surveillance is limited to the purposes under 

8 this section.’’. 

9 (c) NOTICE OF VIDEO SURVEILLANCE.—Section 

10 3523(b), as amended by subsection (b) of this section, is 

11 further amended by inserting before paragraph (3), the 

12 following: 

13 ‘‘(2) NOTICE OF VIDEO SURVEILLANCE.—The 

14 owner of a vessel to which this subchapter applies 

15 shall provide clear and conspicuous signs on board 

16 the vessel notifying the public of the presence of 

17 video surveillance equipment.’’. 

18 (d) RETENTION REQUIREMENTS.—Section 3523(b), 

19 as amended by subsection (b) of this section, is further 

20 amended by adding at the end, the following: 

21 ‘‘(4) RETENTION REQUIREMENTS.— 

22 ‘‘(A) IN GENERAL.—The owner of a vessel 

23 to which this subchapter applies shall retain all 

24 records of video surveillance for a voyage for 

25 not less than 30 days after the completion of 


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1 the voyage. If an incident described in sub2 section (g)(3)(A)(i) is alleged and reported to 

3 law enforcement, all records of video surveil4 lance from the voyage that the Federal Bureau 

5 of Investigation determines are relevant shall— 

6 ‘‘(i) be provided to the Federal Bu7 reau of Investigation; and 

8 ‘‘(ii) be preserved by the vessel owner 

9 for not less than 5 years from the date of 

10 the alleged incident. 

11 ‘‘(B) INTERIM STANDARDS.—Not later 

12 than 180 days after the date of enactment of 

13 the Cruise Passenger Protection Act, the Com14 mandant, in consultation with the Federal Bu15 reau of Investigation, shall promulgate interim 

16 standards for the retention of records of video 

17 surveillance. 

18 ‘‘(C) FINAL STANDARDS.—Not later than 

19 1 year after the date of enactment of the Cruise 

20 Passenger Protection Act, the Commandant, in 

21 consultation with the Federal Bureau of Inves22 tigation, shall promulgate final standards for 

23 the retention of records of video surveillance. 


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1 ‘‘(D) CONSIDERATIONS.—In promulgating 

2 standards under subparagraphs (B) and (C), 

3 the Commandant shall— 

4 ‘‘(i) consider factors that would aid in 

5 the investigation of serious crimes, includ6 ing crimes that go unreported until after 

7 the completion of a voyage; 

8 ‘‘(ii) consider the different types of 

9 video surveillance systems and storage re10 quirements in creating standards both for 

11 vessels currently in operation and for ves12 sels newly built; 

13 ‘‘(iii) consider privacy, including 

14 standards for permissible access to and 

15 monitoring and use of the records of video 

16 surveillance; and 

17 ‘‘(iv) consider technological advance18 ments, including requirements to update 

19 technology.’’. 

20 (e) AUTHORITY TO PROVIDE ASSISTANCE TO VIC21 TIMS OF CRIMES ON BOARD PASSENGER VESSELS.— 

22 Chapter 35 is further amended by adding at the end the 

23 following: 


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1 ‘‘SEC. 3525. ASSISTANCE TO VICTIMS OF CRIMES ON BOARD 

2 CERTAIN PASSENGER VESSELS. 

3 ‘‘(a) AVAILABILITY OF INCIDENT DATA VIA INTER4 NET.— 

5 ‘‘(1) IN GENERAL.—The Secretary of Transpor6 tation shall maintain a statistical compilation of all 

7 incidents described in section 3523(g)(3)(A) on an 

8 Internet website that provides a numerical account9 ing of the missing persons and alleged crimes duly 

10 recorded in each report filed under paragraph (3) of 

11 that section. Each such incident shall be included in 

12 the statistical compilation irrespective of its inves13 tigative status. The data shall be updated not less 

14 frequently than quarterly, be aggregated by the 

15 cruise line, identify each cruise line by name, iden16 tify each crime and alleged crime as to whether it 

17 was committed or allegedly committed by a pas18 senger or crew member, identify each crime and al19 leged crime as to whether it was committed or alleg20 edly committed against a minor, and identify the 

21 number of alleged individuals overboard. The Sec22 retary of Transportation shall ensure that the com23 pilation, data, and any other information provided 

24 on the Internet website is in a user-friendly format. 

25 ‘‘(2) ACCESS TO WEBSITE.—Each owner of a 

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1 sible link to the Internet website maintained by the 

2 Secretary of Transportation under paragraph (1) on 

3 each Internet website that the owner maintains for 

4 prospective passengers to purchase or book passage 

5 on the passenger vessel. 

6 ‘‘(b) REGULATIONS.—The Secretary of Transpor7 tation shall issue such regulations as are necessary to im8 plement this section.’’. 

9 (f) STUDY.—Not later than 1 year after the date of 

10 enactment of this Act, the Secretary of Transportation, 

11 in coordination with the Secretary of the department in 

12 which the Coast Guard is operating, Attorney General, 

13 and heads of other relevant Federal agencies, shall con14 duct a study to determine the feasibility of having an indi15 vidual on board each passenger vessel to provide victim 

16 support services and related safety and security services, 

17 and shall report the findings to Congress. The study shall 

18 include consideration of the cost, the benefit to pas19 sengers, jurisdiction, and logistics. 

20 (g) CRIMINAL ACTIVITY PREVENTION AND RE21 SPONSE GUIDE.—Section 3523(c)(1), as amended by sec22 tion 6(f) of this Act, is further amended by amending sub23 paragraph (B) to read as follows: 

24 ‘‘(B) provide a copy of the security guide 

25 to— 


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1 ‘‘(i) the Secretary of Transportation 

2 for review; 

3 ‘‘(ii) the Federal Bureau of Investiga4 tion for comment; and 

5 ‘‘(iii) a passenger immediately after 

6 the vessel is notified that the passenger is 

7 an alleged victim of an incident described 

8 under subsection (g)(3)(A)(i); and’’. 

9 (h) MAINTENANCE OF SUPPLIES TO PREVENT SEXU10 ALLY TRANSMITTED DISEASES.—Section 3523(d)(1), as 

11 redesignated by section 2 of this Act, is amended by in12 serting ‘‘(taking into consideration the length of the voy13 age and the number of passengers and crewmembers that 

14 the vessel can accommodate)’’ after ‘‘a sexual assault’’. 

15 (i) CRIME SCENE PRESERVATION TRAINING; CER16 TIFICATION OF ORGANIZATIONS BY MARAD.—Section 

17 3524(a), as redesignated by section 2 of this Act, is 

18 amended by striking ‘‘may certify’’ and inserting ‘‘shall 

19 certify’’. 

20 (j) CREW ACCESS TO PASSENGER STATEROOMS; 

21 PROCEDURES AND RESTRICTIONS.—Section 3523(f), as 

22 redesignated by section 2 of this Act, is amended— 

23 (1) in paragraph (1)— 

24 (A) by striking ‘‘and’’ at the end subpara25 graph (A); and 


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1 (B) by adding at the end the following: 

2 ‘‘(C) a system that electronically records 

3 the date, time, and identity of each crew mem4 ber accessing each passenger stateroom; and’’; 

5 and 

6 (2) in paragraph (2), by striking ‘‘are fully and 

7 properly implemented and periodically reviewed.’’ 

8 and inserting ‘‘are fully and properly implemented, 

9 reviewed annually, and updated as necessary.’’. 

10 SEC. 8. PASSENGER VESSEL SECURITY AND SAFETY RE11 QUIREMENTS. 

12 (a) VESSEL DESIGN, EQUIPMENT, CONSTRUCTION, 

13 AND RETROFITTING REQUIREMENTS.—Section 3523(a), 

14 as redesignated by section 2 of this Act, is amended— 

15 (1) in paragraph (1)— 

16 (A) in the matter preceding subparagraph 

17 (A), by striking ‘‘to which this subsection ap18 plies’’ and inserting ‘‘to which this subchapter 

19 applies’’; 

20 (B) in subparagraph (A)— 

21 (i) by striking ‘‘The vessel’’ and in22 serting ‘‘Each exterior deck of a vessel’’; 

23 and 

24 (ii) by striking the period at the end 

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1 ment would interfere with the deployment 

2 of a lifesaving device or other emergency 

3 equipment as identified by the Com4 mandant.’’; and 

5 (C) in subparagraph (B), by striking 

6 ‘‘entry doors that include peep holes or other 

7 means of visual identification.’’ and inserting 

8 ‘‘an entry door that includes a peep hole or 

9 other means of visual identification that pro10 vides an unobstructed view of the area outside 

11 the stateroom or crew cabin. For purposes of 

12 this subparagraph, the addition of an optional 

13 privacy cover on the interior side of the entry 

14 shall not in and of itself constitute an obstruc15 tion.’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(4) WAIVERS; RECORD OF WAIVERS.—The 

18 Secretary— 

19 ‘‘(A) may waive a requirement under para20 graph (1) as the Secretary determines nec21 essary; 

22 ‘‘(B) shall maintain a record of each waiv23 er under subparagraph (A); and 


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1 ‘‘(C) shall include in such record the jus2 tification for each waiver under subparagraph 

3 (A).’’. 

4 (b) DEFINITION OF EXTERIOR DECK.—Section 

5 3523(l), as redesignated by section 2 of this Act, is 

6 amended to read as follows— 

7 ‘‘(l) DEFINITION OF EXTERIOR DECK.—In this sec8 tion, the term ‘exterior deck’ means any exterior weather 

9 deck on which a passenger may be present, including pas10 senger stateroom balconies, exterior promenades on pas11 senger decks, muster stations, and similar exterior weath12 er deck areas.’’. 

13 SEC. 9. ENFORCEMENT. 

14 (a) INFORMATION SHARING.— 

15 (1) IN GENERAL.—To the extent not prohibited 

16 by other law, the head of a designated agency shall 

17 make available to another head of a designated 

18 agency any information necessary to carry out the 

19 provisions of subchapter II of chapter 35 of title 46, 

20 United States Code. The provision by the head of a 

21 designated agency of any information under this 

22 subsection to another head of a designated agency 

23 shall not constitute a waiver, or otherwise effect, any 

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1 spect to that information under Federal or State 

2 law. 

3 (2) DEFINITION OF HEAD OF A DESIGNATED

4 AGENCY.—In this subsection, the term ‘‘head of a 

5 designated agency’’ means the Secretary of Trans6 portation, Secretary of Homeland Security, or Attor7 ney General. 

8 (b) PASSENGER VESSEL SECURITY AND SAFETY RE9 QUIREMENTS; DENIAL OF ENTRY.—Section 3523(h), as 

10 redesignated by section 2 of this Act, is amended— 

11 (1) by striking paragraph (2); 

12 (2) by striking ‘‘ENFORCEMENT.—’’ in the 

13 heading and inserting ‘‘PENALTIES.—’’; 

14 (3) by striking ‘‘(1) PENALTIES.—’’ through 

15 ‘‘(A) CIVIL PENALTY.—’’ and inserting ‘‘(1) CIVIL

16 PENALTY.—’’; and 

17 (4) by redesignating subparagraph (B) as para18 graph (2). 

19 (c) DENIAL OF ENTRY.—Section 3524(f), as redesig20 nated by section 2 of this Act, is repealed. 

21 (d) ENFORCEMENT.—Chapter 35, as amended by 

22 section 7 of this Act, is further amended by adding at the 

23 end the following: 


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1 ‘‘§ 3526. Refusal of clearance; denial of entry 

2 ‘‘(a) CLEARANCE.—The Secretary of Homeland Se3 curity may withhold or revoke the clearance required 

4 under section 60105 of any vessel of the owner of a vessel 

5 to which this subchapter applies, wherever the vessel is 

6 found, if the owner of the vessel— 

7 ‘‘(1) commits an act or omission for which a 

8 penalty may be imposed under this subchapter; or 

9 ‘‘(2) fails to pay a penalty imposed on the 

10 owner under this subchapter. 

11 ‘‘(b) DENIAL OF ENTRY.—The Secretary of the de12 partment in which the Coast Guard is operating may deny 

13 entry into the United States to a vessel to which this sub14 chapter applies if the owner of the vessel— 

15 ‘‘(1) commits an act or omission for which a 

16 penalty may be imposed under this subchapter; or 

17 ‘‘(2) fails to pay a penalty imposed on the 

18 owner under this subchapter.’’. 

19 SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS. 

20 (a) APPLICATION.— 

21 (1) Section 3523, as redesignated by section 2 

22 of this Act, is amended— 

23 (A) by striking subsection (k); and 

24 (B) by redesignating subsection (l), as 

25 amended by section 8 of this Act, as subsection 

26 (k). 


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1 (2) Section 3523, as redesignated by section 2 

2 of this Act, is amended by striking ‘‘to which this 

3 section applies’’ each place it appears and inserting 

4 ‘‘to which this subchapter applies’’. 

5 (3) Section 3524, as redesignated by section 2 

6 of this Act, is amended by striking ‘‘to which this 

7 section applies’’ each place it appears and inserting 

8 ‘‘to which this subchapter applies’’. 

9 (b) AVAILABILITY OF INCIDENT DATA VIA INTER10 NET.—Section 3523(g)(4), as redesignated under section 

11 2 of this Act, is repealed. 

12 (c) ELAPSED EFFECTIVE DATES.—Section 3523(a), 

13 as amended by section 8 of this Act, is further amended— 

14 (1) by striking paragraph (3); and 

15 (2) by redesignating paragraph (4) as para16 graph (3). 

17 (d) PROCEDURES.—Section 3523(i), as redesignated 

18 by section 2 of this Act, is amended by striking ‘‘Within 

19 6 months after the date of enactment of the Cruise Vessel 

20 Security and Safety Act of 2010, the’’ and inserting 

21 ‘‘The’’. 

22 (e) TABLE OF CONTENTS.—The table of contents for 

23 chapter 35 is amended— 

24 (1) by inserting before the item relating to sec25 tion 3501 the following: 

‘‘SUBCHAPTER I. GENERAL PROVISIONS’’; 


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1 (2) by striking the item relating to section 3507 

2 and inserting the following: 

‘‘3523. Passenger vessel security and safety requirements.’’; 

3 (3) by striking the item relating to section 3508 

4 and inserting the following: 

‘‘3524. Crime scene preservation training for passenger vessel crewmembers.’’; 

5 (4) by inserting after the item relating to sec6 tion 3506 the following: 

‘‘SUBCHAPTER II. CRUISE VESSELS’’; 

7 (5) by inserting before the item relating to sec8 tion 3523, the following: 

‘‘3521. Application. 

‘‘3522. Definitions.’’; 

9 and 

10 (6) by adding at the end the following: 

‘‘3525. Assistance to victims of crimes on board certain passenger vessels. 

‘‘3526. Refusal of clearance; denial of entry.’’. 

Æ 


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