H. R. 3360 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

An Act 

To amend title 46, United States Code, to establish requirements to ensure the 

security and safety of passengers and crew on cruise vessels, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Cruise Vessel 

Security and Safety Act of 2010’’. 

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

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Cruise vessel security and safety requirements. 

Sec. 4. Offset of administrative costs. 

Sec. 5. Budgetary effects. 

SEC. 2. FINDINGS. 

The Congress makes the following findings: 

(1) There are approximately 200 overnight ocean-going 

cruise vessels worldwide. The average ocean-going cruise vessel 

carries 2,000 passengers with a crew of 950 people. 

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

were projected to take a cruise worldwide. 

(3) Passengers on cruise vessels have an inadequate appreciation of their potential vulnerability to crime while on ocean 

voyages, and those who may be victimized lack the information 

they need to understand their legal rights or to know whom 

to contact for help in the immediate aftermath of the crime. 

(4) Sexual violence, the disappearance of passengers from 

vessels on the high seas, and other serious crimes have occurred 

during luxury cruises. 

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

assaults on cruise vessels were the leading crimes investigated 

by the Federal Bureau of Investigation with regard to cruise 

vessel incidents. 

(6) These crimes at sea can involve attacks both by passengers and crewmembers on other passengers and crewmembers. 

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

flagged vessels operating in an area subject to the direct jurisdiction of the United States, there are no Federal statutes 

or regulations that explicitly require cruise lines to report 

alleged crimes to United States Government officials. 

(8) It is not known precisely how often crimes occur on 

cruise vessels or exactly how many people have disappeared 
H. R. 3360—2 

during ocean voyages because cruise line companies do not 

make comprehensive, crime-related data readily available to 

the public. 

(9) Obtaining reliable crime-related cruise data from 

governmental sources can be difficult, because multiple countries may be involved when a crime occurs on the high seas, 

including the flag country for the vessel, the country of citizenship of particular passengers, and any countries having special 

or maritime jurisdiction. 

(10) It can be difficult for professional crime investigators 

to immediately secure an alleged crime scene on a cruise vessel, 

recover evidence of an onboard offense, and identify or interview 

potential witnesses to the alleged crime. 

(11) Most cruise vessels that operate into and out of United 

States ports are registered under the laws of another country, 

and investigations and prosecutions of crimes against passengers and crewmembers may involve the laws and authorities 

of multiple nations. 

(12) The Department of Homeland Security has found it 

necessary to establish 500-yard security zones around cruise 

vessels to limit the risk of terrorist attack. Recently piracy 

has dramatically increased throughout the world. 

(13) To enhance the safety of cruise passengers, the owners 

of cruise vessels could upgrade, modernize, and retrofit the 

safety and security infrastructure on such vessels by installing 

peep holes in passenger room doors, installing security video 

cameras in targeted areas, limiting access to passenger rooms 

to select staff during specific times, and installing acoustic 

hailing and warning devices capable of communicating over 

distances. 

SEC. 3. CRUISE VESSEL SECURITY AND SAFETY REQUIREMENTS. 

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

is amended by adding at the end the following: 

‘‘§ 3507. Passenger vessel security and safety requirements 

‘‘(a) VESSEL DESIGN, EQUIPMENT, CONSTRUCTION, AND RETROFITTING REQUIREMENTS.— 

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

applies shall comply with the following design and construction 

standards: 

‘‘(A) The vessel shall be equipped with ship rails that 

are located not less than 42 inches above the cabin deck. 

‘‘(B) Each passenger stateroom and crew cabin shall 

be equipped with entry doors that include peep holes or 

other means of visual identification. 

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

the date of enactment of the Cruise Vessel Security and 

Safety Act of 2010, each passenger stateroom and crew 

cabin shall be equipped with— 

‘‘(i) security latches; and 

‘‘(ii) time-sensitive key technology. 

‘‘(D) The vessel shall integrate technology that can 

be used for capturing images of passengers or detecting 

passengers who have fallen overboard, to the extent that 

such technology is available. 
H. R. 3360—3 

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

number of operable acoustic hailing or other such warning 

devices to provide communication capability around the 

entire vessel when operating in high risk areas (as defined 

by the United States Coast Guard). 

‘‘(2) FIRE SAFETY CODES.—In administering the requirements of paragraph (1)(C), the Secretary shall take into consideration fire safety and other applicable emergency requirements 

established by the U. S. Coast Guard and under international 

law, as appropriate. 

‘‘(3) EFFECTIVE DATE.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), the requirements of paragraph (1) shall take effect 

18 months after the date of enactment of the Cruise Vessel 

Security and Safety Act of 2010. 

‘‘(B) LATCH AND KEY REQUIREMENTS.—The requirements of paragraph (1)(C) take effect on the date of enactment of the Cruise Vessel Security and Safety Act of 2010. 

‘‘(b) VIDEO RECORDING.— 

‘‘(1) REQUIREMENT TO MAINTAIN SURVEILLANCE.—The owner 

of a vessel to which this section applies shall maintain a video 

surveillance system to assist in documenting crimes on the 

vessel and in providing evidence for the prosecution of such 

crimes, as determined by the Secretary. 

‘‘(2) ACCESS TO VIDEO RECORDS.—The owner of a vessel 

to which this section applies shall provide to any law enforcement official performing official duties in the course and scope 

of an investigation, upon request, a copy of all records of video 

surveillance that the official believes may provide evidence 

of a crime reported to law enforcement officials. 

‘‘(c) SAFETY INFORMATION.— ‘‘(1) CRIMINAL ACTIVITY PREVENTION AND RESPONSE

GUIDE.—The owner of a vessel to which this section applies 

(or the owner’s designee) shall— 

‘‘(A) have available for each passenger a guide (referred 

to in this subsection as the ‘security guide’), written in 

commonly understood English, which— 

‘‘(i) provides a description of medical and security 

personnel designated on board to prevent and respond 

to criminal and medical situations with 24 hour contact 

instructions; 

(ii) describes the jurisdictional authority 

applicable, and the law enforcement processes available, with respect to the reporting of homicide, suspicious death, a missing United States national, kidnapping, assault with serious bodily injury, any offense 

to which section 2241, 2242, 2243, or 2244(a) or (c) 

of title 18 applies, firing or tampering with the vessel, 

or theft of money or property in excess of $10,000, 

together with contact information for the appropriate 

law enforcement authorities for missing persons or 

reportable crimes which arise— 

‘‘(I) in the territorial waters of the United 

States; 

‘‘(II) on the high seas; or 

‘‘(III) in any country to be visited on the voyage; 
H. R. 3360—4 

‘‘(B) provide a copy of the security guide to the Federal 

Bureau of Investigation for comment; and 

‘‘(C) publicize the security guide on the website of 

the vessel owner. 

‘‘(2) EMBASSY AND CONSULATE LOCATIONS.—The owner of 

a vessel to which this section applies shall provide in each 

passenger stateroom, and post in a location readily accessible 

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

information regarding the locations of the United States 

embassy and each consulate of the United States for each 

country the vessel will visit during the course of the voyage. 

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

section applies shall— 

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

anti-retroviral medications and other medications designed to 

prevent sexually transmitted diseases after a sexual assault; 

‘‘(2) maintain on the vessel equipment and materials for 

performing a medical examination in sexual assault cases to 

evaluate the patient for trauma, provide medical care, and 

preserve relevant medical evidence; 

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

staff who have undergone a credentialing process to verify 

that he or she— 

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

nurse’s license and— 

‘‘(i) has at least 3 years of post-graduate or postregistration clinical practice in general and emergency 

medicine; or 

‘‘(ii) holds board certification in emergency medicine, family practice medicine, or internal medicine; 

‘‘(B) is able to provide assistance in the event of an 

alleged sexual assault, has received training in conducting 

forensic sexual assault examination, and is able to promptly 

perform such an examination upon request and provide 

proper medical treatment of a victim, including administration of anti-retroviral medications and other medications 

that may prevent the transmission of human immunodeficiency virus and other sexually transmitted diseases; 

and 

‘‘(C) meets guidelines established by the American College of Emergency Physicians relating to the treatment 

and care of victims of sexual assault; 

‘‘(4) prepare, provide to the patient, and maintain written 

documentation of the findings of such examination that is 

signed by the patient; and 

‘‘(5) provide the patient free and immediate access to— 

‘‘(A) contact information for local law enforcement, the 

Federal Bureau of Investigation, the United States Coast 

Guard, the nearest United States consulate or embassy, 

and the National Sexual Assault Hotline program or other 

third party victim advocacy hotline service; and 

‘‘(B) a private telephone line and Internet-accessible 

computer terminal by which the individual may confidentially access law enforcement officials, an attorney, and 

the information and support services available through the 

National Sexual Assault Hotline program or other third 

party victim advocacy hotline service. 
H. R. 3360—5 

‘‘(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 nextof-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 crewmembers have access to passenger 

staterooms; and 

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

and 

‘‘(2) ensure that the procedures and restrictions are fully 

and properly implemented and periodically reviewed. 

‘‘(g) LOG 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— 
H. R. 3360—6 

‘‘(A) the vessel operator; 

‘‘(B) the name of the cruise line; 

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

at the time the reported incident occurred; 

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

assailant; 

‘‘(E) the nature of the alleged crime or complaint, as 

applicable, including whether the alleged perpetrator was 

a passenger or a crewmember; 

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

if known, or the position of the vessel at the time of 

the initial report; 

‘‘(G) the time, date, and method of the initial report 

and the law enforcement authority to which the initial 

report was made; 

‘‘(H) the time and date the incident occurred, if known; 

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

number of crew members on the voyage; and 

‘‘(J) the case number or other identifier provided by 

the law enforcement authority to which the initial report 

was made. 

‘‘(3) REQUIREMENT TO REPORT CRIMES AND OTHER INFORMATION.— 

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

this section applies (or the owner’s designee)— 

‘‘(i) shall contact the nearest Federal Bureau of 

Investigation Field Office or Legal Attache by telephone as soon as possible after the occurrence on board 

the vessel of an incident involving homicide, suspicious 

death, a missing United States national, kidnapping, 

assault with serious bodily injury, any offense to which 

section 2241, 2242, 2243, or 2244(a) or (c) of title 

18 applies, firing or tampering with the vessel, or 

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

report the incident; 

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

to an Internet based portal maintained by the Secretary; 

‘‘(iii) may report any serious incident that does 

not meet the reporting requirements of clause (i) and 

that does not require immediate attention by the Federal Bureau of Investigation via the Internet based 

portal maintained by the Secretary; and 

‘‘(iv) may report any other criminal incident 

involving passengers or crewmembers, or both, to the 

proper State or local government law enforcement 

authority. 

‘‘(B) INCIDENTS TO WHICH SUBPARAGRAPH (A) APPLIES.— 

Subparagraph (A) applies to an incident involving criminal 

activity if— 

‘‘(i) the vessel, regardless of registry, is owned, 

in whole or in part, by a United States person, regardless of the nationality of the victim or perpetrator, 

and the incident occurs when the vessel is within the 

admiralty and maritime jurisdiction of the United 

States and outside the jurisdiction of any State; 
H. R. 3360—7 

‘‘(ii) the incident concerns an offense by or against 

a United States national committed outside the jurisdiction of any nation; 

‘‘(iii) the incident occurs in the Territorial Sea 

of the United States, regardless of the nationality of 

the vessel, the victim, or the perpetrator; or 

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

who is a United States national on a vessel during 

a voyage that departed from or will arrive at a United 

States port. 

‘‘(4) AVAILABILITY OF INCIDENT DATA VIA INTERNET.— ‘‘(A) WEBSITE.—The Secretary shall maintain a statistical compilation of all incidents described in paragraph 

(3)(A)(i) on an Internet site that provides a numerical 

accounting of the missing persons and alleged crimes 

recorded in each report filed under paragraph (3)(A)(i) that 

are no longer under investigation by the Federal Bureau 

of Investigation. The data shall be updated no less frequently than quarterly, aggregated by cruise line, each 

cruise line shall be identified by name, and each crime 

shall be identified as to whether it was committed by 

a passenger or a crew member. 

‘‘(B) ACCESS TO WEBSITE.—Each cruise line taking on 

or discharging passengers in the United States shall 

include a link on its Internet website to the website maintained by the Secretary under subparagraph (A). 

‘‘(h) ENFORCEMENT.— ‘‘(1) PENALTIES.— ‘‘(A) CIVIL PENALTY.—Any person that violates this section or a regulation under this section shall be liable for 

a civil penalty of not more than $25,000 for each day 

during which the violation continues, except that the maximum penalty for a continuing violation is $50,000. 

‘‘(B) CRIMINAL PENALTY.—Any person that willfully violates this section or a regulation under this section shall 

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

than 1 year, or both. 

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

into the United States to a vessel to which this section applies 

if the owner of the vessel— 

‘‘(A) commits an act or omission for which a penalty 

may be imposed under this subsection; or 

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

this subsection. 

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

of the Cruise Vessel Security and Safety Act of 2010, the Secretary 

shall issue guidelines, training curricula, and inspection and certification procedures necessary to carry out the requirements of this 

section. 

‘‘(j) REGULATIONS.—The Secretary and the Commandant shall 

each issue such regulations as are necessary to implement this 

section. 

‘‘(k) APPLICATION.— 

‘‘(1) IN GENERAL.—This section and section 3508 apply to 

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

‘‘(A) is authorized to carry at least 250 passengers; 

‘‘(B) has onboard sleeping facilities for each passenger; 
H. R. 3360—8 

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

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

‘‘(2) FEDERAL AND STATE VESSELS.—This section and section 

3508 do not apply to a vessel of the United States operated 

by the Federal Government or a vessel owned and operated 

by a State. 

‘‘(l) DEFINITIONS.—In this section and section 3508: 

‘‘(1) COMMANDANT.—The term ‘Commandant’ means the 

Commandant of the Coast Guard. 

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

managing operator, master, or other individual in charge of 

a vessel. 

‘‘§ 3508. Crime scene preservation training for passenger 

vessel crewmembers 

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

of the Cruise Vessel Security and Safety Act of 2010, the Secretary, 

in consultation with the Director of the Federal Bureau of Investigation and the Maritime Administration, shall develop training standards and curricula to allow for the certification of passenger vessel 

security personnel, crewmembers, and law enforcement officials 

on the appropriate methods for prevention, detection, evidence 

preservation, and reporting of criminal activities in the international maritime environment. The Administrator of the Maritime 

Administration may certify organizations in the United States and 

abroad that offer the curriculum for training and certification under 

subsection (c). 

‘‘(b) MINIMUM STANDARDS.—The standards established by the 

Secretary under subsection (a) shall include— 

‘‘(1) the training and certification of vessel security personnel, crewmembers, and law enforcement officials in accordance with accepted law enforcement and security guidelines, 

policies, and procedures, including recommendations for incorporating a background check process for personnel trained and 

certified in foreign ports; 

‘‘(2) the training of students and instructors in all aspects 

of prevention, detection, evidence preservation, and reporting 

of criminal activities in the international maritime environment; and 

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

certification courses in the United States and foreign countries 

to develop and provide the required training and certification 

described in subsection (a) and to enhance security awareness 

and security practices related to the preservation of evidence 

in response to crimes on board passenger vessels. 

‘‘(c) CERTIFICATION REQUIREMENT.—Beginning 2 years after the 

standards are established under subsection (b), no vessel to which 

this section applies may enter a United States port on a voyage 

(or voyage segment) on which a United States citizen is a passenger 

unless there is at least 1 crewmember onboard who is certified 

as having successfully completed training in the prevention, detection, evidence preservation, and reporting of criminal activities in 

the international maritime environment on passenger vessels under 

subsection (a). 

‘‘(d) INTERIM TRAINING REQUIREMENT.—No vessel to which this 

section applies may enter a United States port on a voyage (or 
H. R. 3360—9 

voyage segment) on which a United States citizen is a passenger 

unless there is at least 1 crewmember onboard who has been 

properly trained in the prevention detection, evidence preservation 

and the reporting requirements of criminal activities in the international maritime environment. The owner of a such a vessel shall 

maintain certification or other documentation, as prescribed by 

the Secretary, verifying the training of such individual and provide 

such documentation upon request for inspection in connection with 

enforcement of the provisions of this section. This subsection shall 

take effect 1 year after the date of enactment of the Cruise Vessel 

Safety and Security Act of 2010 and shall remain in effect until 

superseded by the requirements of subsection (c). 

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

a regulation under this section shall be liable for a civil penalty 

of not more than $50,000. 

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

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

owner of the vessel— 

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

be imposed under subsection (e); or 

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

subsection (e).’’. 

(b) CLERICAL AMENDMENT.—The table of contents for such 

chapter is amended by adding at the end the following: 

‘‘3507. Passenger vessel security and safety requirements 

‘‘3508. Crime scene preservation training for passenger vessel crewmembers’’. 

SEC. 4. OFFSET OF ADMINISTRATIVE COSTS. 

(a) REPEAL OF CERTAIN REPORT REQUIREMENTS.— (1) Section 1130 of the Coast Guard Authorization Act 

of 1996 (33 U.S.C. 2720 note) is amended by striking subsection 

(b). 

(2) Section 112 of the Maritime Transportation Security 

Act of 2002 (46 U.S.C. 70101 note) is repealed. 

(3) Section 676 of title 14, United States Code, is amended 

by striking subsection (d). 

(4) Section 355 of title 37, United States Code, is amended 

by striking subsection (h) and redesignating subsection (i) as 

subsection (h). 

(5) Section 205 of the Coast Guard and Maritime Transportation Act of 2006 (14 U.S.C. 637 note) is amended by striking 

subsection (d). 

(b) COMBINATION OF FISHERIES ENFORCEMENT PLANS AND FOR- EIGN FISHING INCURSION REPORTS.—The Secretary of the department in which the Coast Guard is operating shall combine the 

reports required under section 224 of the Coast Guard and Maritime 

Transportation Act of 2004 (16 U.S.C. 1861b) and section 804 of 

the Coast Guard and Maritime Transportation Act of 2006 (16 

U.S.C. 1828) into a single annual report for fiscal years beginning 

after fiscal year 2010. 

SEC. 5. BUDGETARY EFFECTS. 

The budgetary effects of this Act, for the purpose of complying 

with the Statutory Pay-As-You-Go-Act of 2010, shall be determined 

by reference to the latest statement titled ‘‘Budgetary Effects of 

PAYGO Legislation’’ for this Act, submitted for printing in the 
H. R. 3360—10 

Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior 

to the vote on passage. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.