II 

110TH CONGRESS 

2D SESSION S. 3204 

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. 

IN THE SENATE OF THE UNITED STATES 

JUNE 26, 2008 

Mr. KERRY (for himself and Mr. CARPER) introduced the following bill; which 

was read twice and referred to the Committee on Commerce, Science, and 

Transportation 

A BILL 

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. 

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; TABLE OF CONTENTS. 

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

5 ‘‘Cruise Vessel Security and Safety Act of 2008’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Cruise vessel security and safety requirements. 

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Sec. 4. Detailing Coast Guard personnel to enforce cruise ship requirements. 

Sec. 5. Study and report on the security needs of passenger vessels. 

Sec. 6. Amendment of the Death on the High Seas Act. 

1 SEC. 2. FINDINGS. 

2 The Congress makes the following findings: 

3 (1) There are approximately 200 overnight 

4 ocean-going cruise vessels worldwide. The average 

5 ocean-going cruise vessel carries 2,000 passengers 

6 with a crew of 950 people. 

7 (2) In 2007 alone, approximately 12,000,000 

8 passengers were projected to take a cruise world9 wide. 

10 (3) Even with these high passenger numbers, 

11 few vacationing passengers on cruise vessels fully ap12 preciate their potential vulnerability to crime while 

13 on an ocean voyage, and those who are victimized 

14 often do not know their legal rights or whom to con15 tact for help in the immediate aftermath of the 

16 crime. 

17 (4) On numerous occasions, sexual violence, the 

18 disappearance of passengers from vessels on the 

19 high seas, and other serious crimes have occurred 

20 during luxury cruises. 

21 (5) Over the last five years, sexual assault and 

22 physical assaults on cruise vessels were the leading 

23 crime reported to and investigated by the Federal 

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1 Bureau of Investigation with regard to cruise vessel 

2 incidents. 

3 (6) These crimes at sea can involve attacks 

4 both by passengers and crewmembers on other pas5 sengers and crewmembers. 

6 (7) There are no Federal statutes or regula7 tions that explicitly require cruise lines to report al8 leged crimes to United States Government officials, 

9 unless such crimes occur within the territorial wa10 ters of the United States. 

11 (8) It is not known precisely how often crimes 

12 occur on cruise vessels or exactly how many people 

13 have disappeared during ocean voyages because 

14 cruise line companies do not make comprehensive, 

15 crime-related data readily available to the public. 

16 (9) Obtaining reliable crime-related cruise data 

17 from governmental sources can be difficult, because 

18 multiple countries may be involved when a crime oc19 curs on the high seas, including the flag country for 

20 the vessel, the country of citizenship of particular 

21 passengers, and any countries having special or mar22 itime jurisdiction. 

23 (10) Due to the absence of law enforcement of24 ficials on ocean voyages, it can be difficult or impos25 sible for professional criminal investigators to immemstockstill on PROD1PC66 with BILLS

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1 diately secure an alleged crime scene on a cruise ves2 sel, recover evidence of an onboard offense, and 

3 identify or interview potential witnesses to the al4 leged crime. 

5 (11) Most cruise vessels that operate into and 

6 out of United States ports are registered under the 

7 laws of another country, and investigations and 

8 prosecutions of crimes against passengers and crew9 members may involve the laws and authorities of 

10 multiple nations. 

11 (12) To enhance safety of cruise passengers, 

12 the owner of these cruise vessels could upgrade, 

13 modernize, and retrofit the safety and security infra14 structure on such vessels by installing peep holes in 

15 passenger room doors, installing security video cam16 eras in targeted areas, and limiting access to pas17 senger rooms to select staff during specific times. 

18 SEC. 3. CRUISE VESSEL SECURITY AND SAFETY REQUIRE19 MENTS. 

20 (a) IN GENERAL.—Chapter 35 of title 46, United 

21 States Code, is amended by adding at the end the fol22 lowing: 

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1 ‘‘§ 3507. Cruise vessel security and safety require2 ments 

3 ‘‘(a) VESSEL DESIGN, CONSTRUCTION, AND RETRO4 FITTING REQUIREMENTS.— 

5 ‘‘(1) IN GENERAL.—Each passenger vessel to 

6 which this subsection applies shall comply with the 

7 following design and construction standards: 

8 ‘‘(A) The vessel shall be equipped with 

ship rails that are located not less than 41 9 ⁄2 feet 

10 above the deck. 

11 ‘‘(B) Each passenger stateroom and crew 

12 cabin shall be equipped with entry doors that 

13 include— 

14 ‘‘(i) peep holes; 

15 ‘‘(ii) security latches; and 

16 ‘‘(iii) time sensitive key technology. 

17 ‘‘(C) Fire safety codes shall be imple18 mented. 

19 ‘‘(D) The vessel shall integrate technology 

20 that can be used for detecting passengers who 

21 have fallen overboard, to the extent that such 

22 technology is available. 

23 ‘‘(2) EFFECTIVE DATE.—The requirements of 

24 paragraph (1) shall take effect 36 months after the 

25 date of the enactment of the Cruise Vessel Security 

26 and Safety Act of 2008. 

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1 ‘‘(b) CREW ACCESS TO PASSENGER STATEROOMS.— 

2 The owner, charterer, managing operator, master, or indi3 vidual in charge of a vessel to which this section applies 

4 shall— 

5 ‘‘(1) establish and implement procedures and 

6 restrictions concerning— 

7 ‘‘(A) which crewmembers have access to 

8 passenger staterooms; and 

9 ‘‘(B) the periods during which they have 

10 that access; and 

11 ‘‘(2) ensure that the procedures and restrictions 

12 are fully and properly implemented and periodically 

13 reviewed. 

14 ‘‘(c) LOG BOOK AND REPORTING REQUIREMENTS.— 

15 ‘‘(1) IN GENERAL.—The owner, charter, man16 aging operator, master, or individual in charge of a 

17 vessel to which this section applies shall— 

18 ‘‘(A) record in a log book reports on re19 ported deaths, missing individuals, and each 

20 significant alleged crime committed on the ves21 sel, and all passenger and crewmember com22 plaints regarding theft, sexual harassment, and 

23 assaults; and 

24 ‘‘(B) make such log book available— 

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1 ‘‘(i) upon request to any agent of the 

2 Federal Bureau of Investigation, any mem3 ber of the Coast Guard, and any law en4 forcement officer; and 

5 ‘‘(ii) to the Coast Guard in an elec6 tronic format prescribed by the Com7 mandant. 

8 ‘‘(2) DETAILS REQUIRED.—The information re9 corded under paragraph (1) shall include, at a min10 imum— 

11 ‘‘(A) the type of vessel; 

12 ‘‘(B) the name of the cruise line; 

13 ‘‘(C) the flag under which the vessel was 

14 operating at the time the reported incident oc15 curred; 

16 ‘‘(D) the age of the victim; 

17 ‘‘(E) the nature of the alleged crime or 

18 complaint, as applicable, including whether the 

19 perpetrator was a passenger or a crewmember; 

20 ‘‘(F) the vessel’s position at the time of the 

21 incident, if known, or the position of the vessel 

22 at the time of the initial report; 

23 ‘‘(G) the time, date, and method of the ini24 tial report and the law enforcement authority to 

25 which the initial report was made; 

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1 ‘‘(H) the case number or other identifier 

2 provided by the law enforcement authority to 

3 which the initial report was made; and 

4 ‘‘(I) whether the reported incident oc5 curred on land or onboard. 

6 ‘‘(3) REQUIREMENT TO REPORT CRIMES AND

7 OTHER INFORMATION.— 

8 ‘‘(A) IN GENERAL.—The master of a pas9 senger vessel to which this section applies— 

10 ‘‘(i) shall contact the nearest Federal 

11 Bureau of Investigation Field Office or 

12 Legal Attache by telephone as soon as pos13 sible after the occurrence on board the ves14 sel of an incident involving homicide, sus15 picious death, a missing United States na16 tional, kidnapping, assault with serious 

17 bodily injury, any offense to which section 

18 2241, 2242, 2243, or 2244(a) or (c) of 

19 title 18, United States Code, applies, firing 

20 or tampering with the vessel, or theft of 

21 money or property in excess of $10,000 to 

22 report the incident; 

23 ‘‘(ii) shall furnish a written report of the 

24 incident by facsimile or electronic mail to 

25 the Coast Guard National Command Cenmstockstill on PROD1PC66 with BILLS

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1 ter and by facsimile to the Federal Bureau 

2 of Investigation; 

3 ‘‘(iii) may report any serious incident 

4 that does not meet the reporting require5 ments of clause (i) and that does not re6 quire immediate attention by the Federal 

7 Bureau of Investigation to the nearest 

8 Field Office or Legal Attache by facsimile 

9 or electronic mail; and 

10 ‘‘(iv) may report any other criminal 

11 incident involving passengers or crew12 members, or both, to the proper State or 

13 local government law enforcement author14 ity. 

15 ‘‘(B) INCIDENTS TO WHICH SUBPARA16 GRAPH (A) APPLIES.—Subparagraph (A) ap17 plies to an incident involving criminal activity 

18 if— 

19 ‘‘(i) the ship, regardless of registry, is 

20 owned, in whole or in part, by a United 

21 States person, regardless of the nationality 

22 of the victim or perpetrator, and the inci23 dent occurs when the vessel is within the 

24 admiralty and maritime jurisdiction of the 

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1 United States and outside the jurisdiction 

2 of any State; 

3 ‘‘(ii) the incident concerns an offense 

4 by or against a United States national 

5 committed outside the jurisdiction of any 

6 nation; 

7 ‘‘(iii) the incident occurs in the Terri8 torial Sea of the United States, regardless 

9 of the nationality of the vessel, the victim, 

10 or the perpetrator; or 

11 ‘‘(iv) the incident concerns a victim or 

12 perpetrator who is a United States na13 tional on a vessel during a voyage that de14 parted from or will arrive at a United 

15 States port. 

16 ‘‘(4) AVAILABILITY OF INCIDENT DATA VIA

17 INTERNET.— 

18 ‘‘(A) WEBSITE.—The Secretary shall 

19 maintain, on an Internet site of the department 

20 in which the Coast Guard is operating, a nu21 merical accounting of the missing persons and 

22 alleged crimes recorded in each report filed 

23 under paragraph (1)(A). The data shall be up24 dated no less frequently than quarterly, aggremstockstill on PROD1PC66 with BILLS

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1 gated by cruise line, and each cruise line shall 

2 be identified by name. 

3 ‘‘(B) ACCESS TO WEBSITE.—Each cruise 

4 line taking on or discharging passengers in the 

5 United States shall include a link on its Inter6 net website to the website maintained by the 

7 Secretary under subparagraph (A). 

8 ‘‘(d) CREW DATABASE REQUIREMENT.—The Sec9 retary shall prescribe regulations that require the owner 

10 of each vessel to which this section applies to participate 

11 in the establishment and maintenance of a database for 

12 reporting all individuals whose employment on such a ves13 sel has been terminated for a matter reported under sub14 section (c)(1)(A). 

15 ‘‘(e) RAPE KITS.—The owner of a vessel to which this 

16 section applies shall— 

17 ‘‘(1) maintain on the vessel adequate, in-date 

18 supplies of anti-retroviral medications and other 

19 medications used to prevent sexually transmitted 

20 diseases after a sexual assault; 

21 ‘‘(2) maintain on the vessel equipment and ma22 terials for performing a medical examination to in23 vestigate whether an individual has been the victim 

24 of rape on such vessel; 

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1 ‘‘(3) make available on the vessel at all times 

2 an individual licensed to practice as a medical doctor 

3 in the United States to promptly perform such an 

4 examination upon request and to provide proper 

5 medical treatment of a victim, including anti6 retroviral medications and other medications that 

7 may prevent the transmission of human immuno8 deficiency virus and other sexually transmitted dis9 eases; 

10 ‘‘(4) prepare, provide to the individual, and 

11 maintain written documentation of the performance 

12 and findings of such examination that is signed by 

13 the individual and ensure that no medical informa14 tion is released to the cruise line or any legal rep15 resentative thereof without the prior knowledge and 

16 approval in writing of the victim, or, if the victim is 

17 unable to provide written authorization, the victim’s 

18 next-of-kin; and 

19 ‘‘(5) provide the individual free and immediate 

20 access to— 

21 ‘‘(A) a description of the toll-free telephone 

22 number and website by which the individual 

23 may access the National Sexual Assault Hotline 

24 and the National Sexual Assault Online Hotline 

25 referred to in section 628 of the Adam Walsh 

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1 Child Protection and Safety Act of 2006 (Pub2 lic Law 109–248; 42 U.S.C. 16985); 

3 ‘‘(B) information for local law enforcement 

4 and the Federal Bureau of Investigation; and 

5 ‘‘(C) a private telephone line and Internet6 accessible computer terminal on the cruise ship 

7 by which the individual may confidentially ac8 cess such hotline services. 

9 ‘‘(f) CRIME SCENE INVESTIGATION TRAINING FOR

10 PASSENGER VESSEL CREWMEMBERS.—The Secretary, in 

11 consultation with the Director of the Federal Bureau of 

12 Investigation, shall develop a training curriculum for crew13 members and law enforcement officials of passenger ves14 sels to educate them concerning appropriate methods for 

15 collecting evidence at a crime scene and proper evidence 

16 preservation. The Administrator of the Maritime Adminis17 tration may certify organizations that offer the curriculum 

18 for training and certification under subsection (g). 

19 ‘‘(g) CERTIFICATION REQUIREMENT.—Beginning 2 

20 years after the date of enactment of the Cruise Vessel Se21 curity and Safety Act of 2008, no passenger vessel may 

22 enter a United States port on a voyage (or voyage seg23 ment) on which a United States citizen is a passenger un24 less there is at least one crewmember onboard who is cer25 tified as having successfully completed training in the colmstockstill on PROD1PC66 with BILLS

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1 lection of crime scene evidence on passenger vessels under 

2 subsection (f). 

3 ‘‘(h) INSPECTION.—The Secretary shall conduct an 

4 annual inspection of each passenger vessel seeking to enter 

5 a port in the United States to determine whether the pas6 senger vessel has adequate equipment to investigate cov7 ered crimes on the vessel and has at least one crewmember 

8 who is certified under subsection (f). 

9 ‘‘(i) VIDEO RECORDING.— 

10 ‘‘(1) REQUIREMENT TO MAINTAIN SURVEIL11 LANCE.—The owner of a vessel to which this section 

12 applies shall maintain video surveillance to monitor 

13 and document crimes as they occur on the vessel and 

14 to provide evidence for the prosecution of such 

15 crimes, as determined by the Secretary. 

16 ‘‘(2) ACCESS TO VIDEO RECORDS.—The owner 

17 of a vessel to which this section applies shall provide 

18 to law enforcement officials, upon request, a copy of 

19 all records of video surveillance that may provide 

20 evidence of a crime reported to law enforcement offi21 cials. 

22 ‘‘(j) SAFETY INFORMATION.—The owner of a vessel 

23 to which this section applies shall— 

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1 ‘‘(1) prominently post in each stateroom and 

2 crew cabin and in other places specified by the Sec3 retary information regarding— 

4 ‘‘(A) the name of each country the cruise 

5 ship will visit during the course of such car6 riage; 

7 ‘‘(B) the locations in such country of the 

8 embassy and each consulate of the United 

9 States; 

10 ‘‘(C) the contact information for the Na11 tional Sexual Assault Hotline and the National 

12 Sexual Assault Online Hotline referred to in 

13 section 628 of the Adam Walsh Child Protec14 tion and Safety Act of 2006 (Public Law 109– 

15 248; 42 U.S.C. 16985); 

16 ‘‘(D) telephone numbers for the Federal 

17 Bureau of Investigation; and 

18 ‘‘(E) the degree to which the owner is re19 sponsible or liable for the safety of passengers 

20 while they are on shore excursions; and 

21 ‘‘(2) include in mandatory crew training the de22 tails of this section, its application, and the deter23 mination of the United States to protect its citizens 

24 against crimes committed at sea. 

25 ‘‘(k) CRIMINAL PENALTIES.— 

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1 ‘‘(1) PENALTIES.—Any person that violates this 

2 section or a regulation under this section shall be 

3 fined not more than $250,000 or imprisoned not 

4 more than 1 year, or both. 

5 ‘‘(2) DENIAL OF ENTRY.—The Secretary may 

6 deny entry into the United States to a cruise vessel 

7 if the owner of the cruise vessel— 

8 ‘‘(A) commits an act or omission for which 

9 a penalty may be imposed under this sub10 section; or 

11 ‘‘(B) fails to pay a penalty imposed on the 

12 owner under this subsection. 

13 ‘‘(l) PROCEDURES.—Within 6 months after the date 

14 of enactment of the Cruise Vessel Security and Safety Act 

15 of 2008, the Secretary shall issue guidelines, training cur16 ricula, and inspection and certification procedures nec17 essary to carry out the requirements of this section. 

18 ‘‘(m) REGULATIONS.—The Secretary and the Com19 mandant shall each issue such regulations as are nec20 essary to implement this section. 

21 ‘‘(n) APPLICATION.—This section applies to any pas22 senger vessel that embarks or disembarks passengers in 

23 the United States or that is a vessel of the United 

24 States.’’. 

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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by adding 

3 at the end the following: 

‘‘3507. Cruise vessel security and safety requirements.’’. 

4 SEC. 4. DETAILING COAST GUARD PERSONNEL TO EN5 FORCE CRUISE SHIP REQUIREMENTS. 

6 (a) IN GENERAL.—Section 7(b)(3) of the Ports and 

7 Waterways Safety Act (33 U.S.C. 1226(b)(3)) is amended 

8 to read as follows: 

9 ‘‘(3) dispatch properly trained and qualified 

10 armed Coast Guard Personnel on vessels and public 

11 or commercial structures on or adjacent to waters 

12 subject to United States jurisdiction— 

13 ‘‘(A) to deter or respond to acts of ter14 rorism or transportation security incidents, as 

15 defined in section 70101 of title 46, United 

16 States Code; 

17 ‘‘(B) to act as environmental observers for 

18 the purposes of— 

19 ‘‘(i) monitoring compliance with the 

20 requirements of all applicable Federal laws 

21 and regulations regarding the discharge of 

22 waste into United States territorial waters; 

23 ‘‘(ii) observing operation and mainte24 nance procedures for onboard waste treat25 ment systems; 

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1 ‘‘(iii) ensuring the proper handling 

2 and disposal of all hazardous wastes; and 

3 ‘‘(iv) verifying logbook entries for all 

4 records required by the Coast Guard re5 lated to waste treatment and disposal; and 

6 ‘‘(C) to act as public safety officers for the 

7 purposes of— 

8 ‘‘(i) assisting vessel passengers and 

9 crew, as needed, with the reporting and in10 vestigation of potential criminal activities 

11 occurring on board vessels to which section 

12 3507 of title 46, United States Code, ap13 plies while such vessels are in United 

14 States territorial waters; 

15 ‘‘(ii) securing, to the degree possible, 

16 suspected crime scenes on such vessels; 

17 and 

18 ‘‘(iii) collecting evidence of alleged 

19 crimes against passengers and crew on 

20 such vessels.’’. 

21 (b) FEES AND CHARGES.—The Commandant of the 

22 Coast Guard may promulgate regulations under section 

23 9701 of title 33, United States Code, establishing charges 

24 for services provided by the Coast Guard under section 

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1 7(b)(3)(C) of the Ports and Waterways Safety Act (33 

2 U.S.C. 1226(b)(3)(C)) as amended by subsection (a). 

3 SEC. 5. STUDY AND REPORT ON THE SECURITY NEEDS OF 

4 PASSENGER VESSELS. 

5 (a) IN GENERAL.—Within 3 months after the date 

6 of enactment of this Act, the Secretary of the department 

7 in which the Coast Guard is operating shall conduct a 

8 study of the security needs of a passenger vessel depend9 ing on number of passengers on the vessel, and report to 

10 the Congress findings of the study and recommendations 

11 for improving security on those vessels. 

12 (b) REPORT CONTENTS.—In recommending appro13 priate security on those vessels, the report shall take into 

14 account typical crewmember shifts, working conditions of 

15 crewmembers, and length of voyages. 

16 SEC. 6. AMENDMENT OF THE DEATH ON THE HIGH SEAS 

17 ACT. 

18 (a) APPLICATION OF ACT.—Section 30302 of title 

19 46, United States Code, is amended by striking ‘‘3 nau20 tical miles’’ and inserting ‘‘12 nautical miles’’. 

21 (b) NONAPPLICATION TO INCIDENTS WITHIN 12- 

22 MILE LIMIT.—Section 30308 of title 46, United States 

23 Code, is amended by adding at the end thereof the fol24 lowing: 

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1 ‘‘(c) INCIDENTS OCCURRING WITHIN 12-MILE

2 LIMIT.—This chapter does not apply if the death of an 

3 individual is caused by wrongful act, neglect, or default 

4 occurring on the high seas 12 nautical miles or less from 

5 the shore of the United States.’’. 

6 (c) DAMAGES.—Section 30303 of title 46, United 

7 States Code, is amended— 

8 (1) by inserting ‘‘and nonpecuniary’’ after ‘‘pe9 cuniary’’; and 

10 (2) by adding at the end ‘‘In this section, the 

11 term ‘nonpecuniary loss’ means loss of care, comfort, 

12 and companionship. The individuals for whose ben13 efit the action is brought may also recover damages 

14 for the decedent’s pre-death pain and suffering.’’. 

15 (d) CONFORMING AMENDMENT.— 

16 (1) Chapter 303 of title 46, United States 

17 Code, is amended by striking section 30307. 

18 (2) The chapter analysis for such chapter is 

19 amended by striking the item relating to section 

20 30307. 

Æ 

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