IB 

Union Calendar No. 190 

111TH CONGRESS 

1ST SESSION H. R. 3360 

[Report No. 111–332] 

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 HOUSE OF REPRESENTATIVES 

JULY 28, 2009 

Ms. MATSUI introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

NOVEMBER 7, 2009 

Additional sponsor: Mr. CAPUANO

NOVEMBER 7, 2009 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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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. 


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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 2009’’. 

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. 

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

8 SEC. 2. FINDINGS. 

9 The Congress makes the following findings: 

10 (1) There are approximately 200 overnight 

11 ocean-going cruise vessels worldwide. The average 

12 ocean-going cruise vessel carries 2,000 passengers 

13 with a crew of 950 people. 

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

15 passengers were projected to take a cruise world16 wide. 

17 (3) Passengers on cruise vessels have an inad18 equate appreciation of their potential vulnerability to 

19 crime while on ocean voyages, and those who may be 

20 victimized lack the information they need to under21 stand their legal rights or to know whom to contact 

22 for help in the immediate aftermath of the crime. 


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1 (4) Sexual violence, the disappearance of pas2 sengers from vessels on the high seas, and other se3 rious crimes have occurred during luxury cruises. 

4 (5) Over the last 5 years, sexual assault and 

5 physical assaults on cruise vessels were the leading 

6 crimes investigated by the Federal Bureau of Inves7 tigation with regard to cruise vessel incidents. 

8 (6) These crimes at sea can involve attacks 

9 both by passengers and crew members on other pas10 sengers and crew members. 

11 (7) Except for United States flagged vessels, or 

12 foreign flagged vessels operating in an area subject 

13 to the direct jurisdiction of the United States, there 

14 are no Federal statutes or regulations that explicitly 

15 require cruise lines to report alleged crimes to 

16 United States Government officials. 

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

18 occur on cruise vessels or exactly how many people 

19 have disappeared during ocean voyages because 

20 cruise line companies do not make comprehensive, 

21 crime-related data readily available to the public. 

22 (9) Obtaining reliable crime-related cruise data 

23 from governmental sources can be difficult, because 

24 multiple countries may be involved when a crime oc25 curs on the high seas, including the flag country for 


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1 the vessel, the country of citizenship of particular 

2 passengers, and any countries having special or mar3 itime jurisdiction. 

4 (10) It can be difficult for professional crime 

5 investigators to immediately secure an alleged crime 

6 scene on a cruise vessel, recover evidence of an on7 board offense, and identify or interview potential 

8 witnesses to the alleged crime. 

9 (11) Most cruise vessels that operate into and 

10 out of United States ports are registered under the 

11 laws of another country, and investigations and 

12 prosecutions of crimes against passengers and crew 

13 members may involve the laws and authorities of 

14 multiple nations. 

15 (12) The Coast Guard has found it necessary to 

16 establish 500-yard security zones around cruise ves17 sels to limit the risk of terrorist attack. Recently pi18 racy has dramatically increased throughout the 

19 world. 

20 (13) To enhance the safety of cruise pas21 sengers, the owners of cruise vessels could upgrade, 

22 modernize, and retrofit the safety and security infra23 structure on such vessels by installing peep holes in 

24 passenger room doors, installing security video cam25 eras in targeted areas, limiting access to passenger 


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1 rooms to select staff during specific times, and in2 stalling acoustic hailing and warning devices capable 

3 of communicating over distances. 

4 SEC. 3. CRUISE VESSEL SECURITY AND SAFETY REQUIRE5 MENTS. 

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

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 3507. Passenger vessel security and safety require10 ments 

11 ‘‘(a) VESSEL DESIGN, EQUIPMENT, CONSTRUCTION, 

12 AND RETROFITTING REQUIREMENTS.— 

13 ‘‘(1) IN GENERAL.—Each vessel to which this 

14 subsection applies shall comply with the following 

15 design and construction standards: 

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

17 ship rails that are located not less than 42 

18 inches above the cabin deck. 

19 ‘‘(B) Each passenger stateroom and crew 

20 cabin shall be equipped with entry doors that 

21 include peep holes or other means of visual 

22 identification. 

23 ‘‘(C) For any vessel the keel of which is 

24 laid after the date of enactment of the Cruise 

25 Vessel Security and Safety Act of 2009, each 


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1 passenger stateroom and crew cabin shall be 

2 equipped with— 

3 ‘‘(i) security latches; and 

4 ‘‘(ii) time-sensitive key technology. 

5 ‘‘(D) The vessel shall integrate technology 

6 that can be used for capturing images of pas7 sengers or detecting passengers who have fallen 

8 overboard, to the extent that such technology is 

9 available. 

10 ‘‘(E) The vessel shall be equipped with a 

11 sufficient number of operable acoustic hailing 

12 or other such warning devices to provide com13 munication capability around the entire vessel 

14 when operating in high risk areas (as defined 

15 by the United States Coast Guard). 

16 ‘‘(2) FIRE SAFETY CODES.—In administering 

17 the requirements of paragraph (1)(C), the Secretary 

18 shall take into consideration fire safety and other 

19 applicable emergency requirements established by 

20 the U.S. Coast Guard and under international law, 

21 as appropriate. 

22 ‘‘(3) EFFECTIVE DATE.— 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 subparagraph (B), the requirements of para25 graph (1) shall take effect 18 months after the 


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1 date of enactment of the Cruise Vessel Security 

2 and Safety Act of 2009. 

3 ‘‘(B) LATCH AND KEY REQUIREMENTS.— 

4 The requirements of paragraph (1)(C) take ef5 fect on the date of enactment of the Cruise Ves6 sel Security and Safety Act of 2009. 

7 ‘‘(b) VIDEO RECORDING.— 

8 ‘‘(1) REQUIREMENT TO MAINTAIN SURVEIL9 LANCE.—The owner of a vessel to which this section 

10 applies shall maintain a video surveillance system to 

11 assist in documenting crimes on the vessel and in 

12 providing evidence for the prosecution of such 

13 crimes, as determined by the Secretary. 

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

15 of a vessel to which this section applies shall provide 

16 to any law enforcement official performing official 

17 duties in the course and scope of an investigation, 

18 upon request, a copy of all records of video surveil19 lance that the official believes may provide evidence 

20 of a crime reported to law enforcement officials. 

21 ‘‘(c) SAFETY INFORMATION.—The owner of a vessel 

22 to which this section applies shall provide in each pas23 senger stateroom, and post in a location readily accessible 

24 to all crew and in other places specified by the Secretary, 

25 information regarding the locations of the United States 


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1 embassy and each consulate of the United States for each 

2 country the vessel will visit during the course of the voy3 age. 

4 ‘‘(d) SEXUAL ASSAULT.—The owner of a vessel to 

5 which this section applies shall— 

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

7 supplies of anti-retroviral medications and other 

8 medications designed to prevent sexually transmitted 

9 diseases after a sexual assault; 

10 ‘‘(2) maintain on the vessel equipment and ma11 terials for performing a medical examination in sex12 ual assault cases to evaluate the patient for trauma, 

13 provide medical care, and preserve relevant medical 

14 evidence; 

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

16 medical staff who have undergone a credentialing 

17 process to verify that he or she— 

18 ‘‘(A) possesses a current physician’s or 

19 registered nurse’s license and— 

20 ‘‘(i) has at least 3 years of post-grad21 uate or post-registration clinical practice in 

22 general and emergency medicine; or 

23 ‘‘(ii) holds board certification in emer24 gency medicine, family practice medicine, 

25 or internal medicine; 


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1 ‘‘(B) is able to provide assistance in the 

2 event of an alleged sexual assault, has received 

3 training in conducting forensic sexual assault 

4 examination, and is able to promptly perform 

5 such an examination upon request and provide 

6 proper medical treatment of a victim, including 

7 administration of anti-retroviral medications 

8 and other medications that may prevent the 

9 transmission of human immunodeficiency virus 

10 and other sexually transmitted diseases; and 

11 ‘‘(C) meets guidelines established by the 

12 American College of Emergency Physicians re13 lating to the treatment and care of victims of 

14 sexual assault; 

15 ‘‘(4) prepare, provide to the patient, and main16 tain written documentation of the findings of such 

17 examination that is signed by the patient; and 

18 ‘‘(5) provide the patient free and immediate ac19 cess to— 

20 ‘‘(A) contact information for local law en21 forcement, the Federal Bureau of Investigation, 

22 the United States Coast Guard, the nearest 

23 United States consulate or embassy, and the 

24 National Sexual Assault Hotline program or 


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1 other third party victim advocacy hotline serv2 ice; and 

3 ‘‘(B) a private telephone line and Internet4 accessible computer terminal by which the indi5 vidual may confidentially access law enforce6 ment officials, an attorney, and the information 

7 and support services available through the Na8 tional Sexual Assault Hotline program or other 

9 third party victim advocacy hotline service. 

10 ‘‘(e) CONFIDENTIALITY OF SEXUAL ASSAULT EXAM11 INATION AND SUPPORT INFORMATION.—The master or 

12 other individual in charge of a vessel to which this section 

13 applies shall— 

14 ‘‘(1) treat all information concerning an exam15 ination under subsection (d) confidential, so that no 

16 medical information may be released to the cruise 

17 line or other owner of the vessel or any legal rep18 resentative thereof without the prior knowledge and 

19 approval in writing of the patient, or, if the patient 

20 is unable to provide written authorization, the pa21 tient’s next-of-kin, except that nothing in this para22 graph prohibits the release of— 

23 ‘‘(A) information, other than medical find24 ings, necessary for the owner or master of the 

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1 section (g) or other applicable incident report2 ing laws; 

3 ‘‘(B) information to secure the safety of 

4 passengers or crew on board the vessel; or 

5 ‘‘(C) any information to law enforcement 

6 officials performing official duties in the course 

7 and scope of an investigation; and 

8 ‘‘(2) treat any information derived from, or ob9 tained in connection with, post-assault counseling or 

10 other supportive services confidential, so no such in11 formation may be released to the cruise line or any 

12 legal representative thereof without the prior knowl13 edge and approval in writing of the patient, or, if 

14 the patient is unable to provide written authoriza15 tion, the patient’s next-of-kin. 

16 ‘‘(f) CREW ACCESS TO PASSENGER STATEROOMS.— 

17 The owner of a vessel to which this section applies shall— 

18 ‘‘(1) establish and implement procedures and 

19 restrictions concerning— 

20 ‘‘(A) which crew members have access to 

21 passenger staterooms; and 

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

23 that access; and 


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

2 are fully and properly implemented and periodically 

3 reviewed. 

4 ‘‘(g) LOG BOOK AND REPORTING REQUIREMENTS.— 

5 ‘‘(1) IN GENERAL.—The owner of a vessel to 

6 which this section applies shall— 

7 ‘‘(A) record in a log book, either electroni8 cally or otherwise, in a centralized location 

9 readily accessible to law enforcement personnel, 

10 a report on— 

11 ‘‘(i) all complaints of crimes described 

12 in paragraph (3)(A)(i), 

13 ‘‘(ii) all complaints of theft of prop14 erty valued in excess of $1,000, and 

15 ‘‘(iii) all complaints of other crimes, 

16 committed on any voyage that embarks or dis17 embarks passengers in the United States; and 

18 ‘‘(B) make such log book available upon 

19 request to any agent of the Federal Bureau of 

20 Investigation, any member of the United States 

21 Coast Guard, and any law enforcement officer 

22 performing official duties in the course and 

23 scope of an investigation. 


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1 ‘‘(2) DETAILS REQUIRED.—The information re2 corded under paragraph (1) shall include, at a min3 imum— 

4 ‘‘(A) the vessel operator; 

5 ‘‘(B) the name of the cruise line; 

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

7 operating at the time the reported incident oc8 curred; 

9 ‘‘(D) the age and gender of the victim and 

10 the accused assailant; 

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

12 complaint, as applicable, including whether the 

13 alleged perpetrator was a passenger or a crew 

14 member; 

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

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

17 at the time of the initial report; 

18 ‘‘(G) the time, date, and method of the ini19 tial report and the law enforcement authority to 

20 which the initial report was made; 

21 ‘‘(H) the time and date the incident oc22 curred, if known; 

23 ‘‘(I) the total number of passengers and 

24 the total number of crew members on the voy25 age; and 


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

2 provided by the law enforcement authority to 

3 which the initial report was made. 

4 ‘‘(3) REQUIREMENT TO REPORT CRIMES AND

5 OTHER INFORMATION.— 

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

7 to which this section applies (or the owner’s 

8 designee)— 

9 ‘‘(i) shall contact the nearest Federal 

10 Bureau of Investigation Field Office or 

11 Legal Attache by telephone as soon as pos12 sible after the occurrence on board the ves13 sel of an incident involving homicide, sus14 picious death, a missing United States na15 tional, kidnapping, assault with serious 

16 bodily injury, any offense to which section 

17 2241, 2242, 2243, or 2244 (a) or (c) of 

18 title 18 applies, firing or tampering with 

19 the vessel, or theft of money or property in 

20 excess of $10,000 to report the incident; 

21 ‘‘(ii) shall furnish a written report of 

22 the incident to the Secretary via an Inter23 net based portal; 

24 ‘‘(iii) may report any serious incident 

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1 ments of clause (i) and that does not re2 quire immediate attention by the Federal 

3 Bureau of Investigation via the Internet 

4 based portal maintained by the Secretary 

5 of Transportation; and 

6 ‘‘(iv) may report any other criminal 

7 incident involving passengers or crew mem8 bers, or both, to the proper State or local 

9 government law enforcement authority. 

10 ‘‘(B) INCIDENTS TO WHICH SUBPARA11 GRAPH (A) APPLIES.—Subparagraph (A) ap12 plies to an incident involving criminal activity 

13 if— 

14 ‘‘(i) the vessel, regardless of registry, 

15 is owned, in whole or in part, by a United 

16 States person, regardless of the nationality 

17 of the victim or perpetrator, and the inci18 dent occurs when the vessel is within the 

19 admiralty and maritime jurisdiction of the 

20 United States and outside the jurisdiction 

21 of any State; 

22 ‘‘(ii) the incident concerns an offense 

23 by or against a United States national 

24 committed outside the jurisdiction of any 

25 nation; 


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1 ‘‘(iii) the incident occurs in the Terri2 torial Sea of the United States, regardless 

3 of the nationality of the vessel, the victim, 

4 or the perpetrator; or 

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

6 perpetrator who is a United States na7 tional on a vessel during a voyage that de8 parted from or will arrive at a United 

9 States port. 

10 ‘‘(4) AVAILABILITY OF INCIDENT DATA VIA

11 INTERNET.— 

12 ‘‘(A) WEBSITE.—The Secretary of Trans13 portation shall maintain a statistical compila14 tion of all incidents described in paragraph 

15 (3)(A)(i) on an Internet site that provides a nu16 merical accounting of the missing persons and 

17 alleged crimes recorded in each report filed 

18 under paragraph (3)(A)(i) that are no longer 

19 under investigation by the Federal Bureau of 

20 Investigation. The data shall be updated no less 

21 frequently than quarterly, aggregated by— 

22 ‘‘(i) cruise line, with each cruise line 

23 identified by name; and 

24 ‘‘(ii) whether each crime was com25 mitted by a passenger or a crew member. 


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

2 line taking on or discharging passengers in the 

3 United States shall include a link on its Inter4 net website to the website maintained by the 

5 Secretary under subparagraph (A). 

6 ‘‘(h) ENFORCEMENT.— 

7 ‘‘(1) PENALTIES.— 

8 ‘‘(A) CIVIL PENALTY.—Any person that 

9 violates this section or a regulation under this 

10 section shall be liable for a civil penalty of not 

11 more than $25,000 for each day during which 

12 the violation continues, except that the max13 imum penalty for a continuing violation is 

14 $50,000. 

15 ‘‘(B) CRIMINAL PENALTY.—Any person 

16 that willfully violates this section or a regula17 tion under this section shall be fined not more 

18 than $250,000 or imprisoned not more than 1 

19 year, or both. 

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

21 deny entry into the United States to a vessel to 

22 which this section applies if the owner of the ves23 sel— 


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

2 a penalty may be imposed under this sub3 section; or 

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

5 owner under this subsection. 

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

7 of enactment of the Cruise Vessel Security and Safety Act 

8 of 2009, the Secretary shall issue guidelines, training cur9 ricula, and inspection and certification procedures nec10 essary to carry out the requirements of this section. 

11 ‘‘(j) REGULATIONS.—The Secretary of Transpor12 tation and the Commandant shall each issue such regula13 tions as are necessary to implement this section. 

14 ‘‘(k) APPLICATION.— 

15 ‘‘(1) IN GENERAL.—This section and section 

16 3508 apply to a passenger vessel (as defined in sec17 tion 2101(22)) that— 

18 ‘‘(A) is authorized to carry at least 250 

19 passengers; 

20 ‘‘(B) has onboard sleeping facilities for 

21 each passenger; 

22 ‘‘(C) is on a voyage that embarks or dis23 embarks passengers in the United States; and 

24 ‘‘(D) is not engaged on a coastwise voyage. 


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1 ‘‘(2) FEDERAL AND STATE VESSELS.—This sec2 tion and section 3508 do not apply to a vessel that 

3 is owned and operated by the United States Govern4 ment or a vessel that is owned and operated by a 

5 State. 

6 ‘‘(l) OWNER DEFINED.—In this section and section 

7 3508, the term ‘owner’ means the owner, charterer, man8 aging operator, master, or other individual in charge of 

9 a vessel. 

10 ‘‘§ 3508. Crime scene preservation training for pas11 senger vessel crew members 

12 ‘‘(a) IN GENERAL.—Within 1 year after the date of 

13 enactment of the Cruise Vessel Security and Safety Act 

14 of 2009, the Secretary, in consultation with the Director 

15 of the Federal Bureau of Investigation and the Maritime 

16 Administrator, shall develop training standards and cur17 ricula to allow for the certification of passenger vessel se18 curity personnel, crew members, and law enforcement offi19 cials on the appropriate methods for prevention, detection, 

20 evidence preservation, and reporting of criminal activities 

21 in the international maritime environment. The Adminis22 trator of the Maritime Administration may certify organi23 zations in the United States and abroad that offer the cur24 riculum for training and certification under subsection (c). 


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1 ‘‘(b) MINIMUM STANDARDS.—The standards estab2 lished by the Secretary under subsection (a) shall in3 clude— 

4 ‘‘(1) the training and certification of vessel se5 curity personnel, crew members, and law enforce6 ment officials in accordance with accepted law en7 forcement and security guidelines, policies, and pro8 cedures, including recommendations for incor9 porating a background check process for personnel 

10 trained and certified in foreign countries; 

11 ‘‘(2) the training of students and instructors in 

12 all aspects of prevention, detection, evidence preser13 vation, and reporting of criminal activities in the 

14 international maritime environment; and 

15 ‘‘(3) the provision or recognition of off-site 

16 training and certification courses in the United 

17 States and foreign countries to develop and provide 

18 the required training and certification described in 

19 subsection (a) and to enhance security awareness 

20 and security practices related to the preservation of 

21 evidence in response to crimes on board passenger 

22 vessels. 

23 ‘‘(c) CERTIFICATION REQUIREMENT.—Beginning 2 

24 years after the standards are established under subsection 

25 (b), no vessel to which this section applies may enter a 


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1 United States port on a voyage (or voyage segment) on 

2 which a United States citizen is a passenger unless there 

3 is at least 1 crew member onboard who is certified as hav4 ing successfully completed training in the prevention, de5 tection, evidence preservation, and reporting of criminal 

6 activities in the international maritime environment on 

7 passenger vessels under subsection (a). 

8 ‘‘(d) INTERIM TRAINING REQUIREMENT.—No vessel 

9 to which this section applies may enter a United States 

10 port on a voyage (or voyage segment) on which a United 

11 States citizen is a passenger unless there is at least 1 crew 

12 member onboard who has been properly trained in the pre13 vention, detection, evidence preservation and the reporting 

14 requirements of criminal activities in the international 

15 maritime environment. The owner of such a vessel shall 

16 maintain certification or other documentation, as pre17 scribed by the Secretary, verifying the training of such in18 dividual and provide such documentation upon request for 

19 inspection in connection with enforcement of the provi20 sions of this section. This subsection shall take effect 1 

21 year after the date of enactment of the Cruise Vessel Safe22 ty and Security Act of 2009 and shall remain in effect 

23 until superseded by the requirements of subsection (c). 


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1 ‘‘(e) CIVIL PENALTY.—Any person that violates this 

2 section or a regulation under this section shall be liable 

3 for a civil penalty of not more than $50,000. 

4 ‘‘(f) DENIAL OF ENTRY.—The Secretary may deny 

5 entry into the United States to a vessel to which this sec6 tion applies if the owner of the vessel— 

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

8 penalty may be imposed under subsection (e); or 

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

10 owner under subsection (e).’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents 

12 for such chapter is amended by adding at the end the fol13 lowing: 

‘‘3507. Passenger vessel security and safety requirements. 

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

14 SEC. 4. STUDY AND REPORT ON THE SECURITY NEEDS OF 

15 PASSENGER VESSELS. 

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

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

18 in which the United States Coast Guard is operating shall 

19 conduct a study of the security needs of passenger vessels 

20 depending on number of passengers on the vessels, and 

21 report to the Congress findings of the study and rec22 ommendations for improving security on those vessels. 

23 (b) REPORT CONTENTS.—In recommending appro24 priate security on those vessels, the report shall take into 


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1 account typical crew member shifts, working conditions of 

2 crew members, and length of voyages. 


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Union Calendar No. 190 

111TH CONGRESS 

1ST SESSION H. R. 3360 

[Report No. 111–332] 

A BILL 

To amend title 46, United States Code, to establish 

other purposes. passengers and crew on cruise vessels, and for requirements to ensure the security and safety of 

NOVEMBER 7, 2009 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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