II 

Calendar No. 211 

111TH CONGRESS 

1ST SESSION H. R. 3360 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 18, 2009 

Received; read twice and placed on the calendar 

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. 

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. 


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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) Passengers on cruise vessels have an inad11 equate appreciation of their potential vulnerability to 

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

13 victimized lack the information they need to under14 stand their legal rights or to know whom to contact 

15 for help in the immediate aftermath of the crime. 

16 (4) Sexual violence, the disappearance of pas17 sengers from vessels on the high seas, and other se18 rious crimes have occurred during luxury cruises. 

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

20 physical assaults on cruise vessels were the leading 

21 crimes investigated by the Federal Bureau of Inves22 tigation with regard to cruise vessel incidents. 

23 (6) These crimes at sea can involve attacks 

24 both by passengers and crew members on other pas25 sengers and crew members. 


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

2 foreign flagged vessels operating in an area subject 

3 to the direct jurisdiction of the United States, there 

4 are no Federal statutes or regulations that explicitly 

5 require cruise lines to report alleged crimes to 

6 United States Government officials. 

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

8 occur on cruise vessels or exactly how many people 

9 have disappeared during ocean voyages because 

10 cruise line companies do not make comprehensive, 

11 crime-related data readily available to the public. 

12 (9) Obtaining reliable crime-related cruise data 

13 from governmental sources can be difficult, because 

14 multiple countries may be involved when a crime oc15 curs on the high seas, including the flag country for 

16 the vessel, the country of citizenship of particular 

17 passengers, and any countries having special or mar18 itime jurisdiction. 

19 (10) It can be difficult for professional crime 

20 investigators to immediately secure an alleged crime 

21 scene on a cruise vessel, recover evidence of an on22 board offense, and identify or interview potential 

23 witnesses to the alleged crime. 

24 (11) Most cruise vessels that operate into and 

25 out of United States ports are registered under the 


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1 laws of another country, and investigations and 

2 prosecutions of crimes against passengers and crew 

3 members may involve the laws and authorities of 

4 multiple nations. 

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

6 establish 500-yard security zones around cruise ves7 sels to limit the risk of terrorist attack. Recently pi8 racy has dramatically increased throughout the 

9 world. 

10 (13) To enhance the safety of cruise pas11 sengers, the owners of cruise vessels could upgrade, 

12 modernize, and retrofit the safety and security infra13 structure on such vessels by installing peep holes in 

14 passenger room doors, installing security video cam15 eras in targeted areas, limiting access to passenger 

16 rooms to select staff during specific times, and in17 stalling acoustic hailing and warning devices capable 

18 of communicating over distances. 

19 SEC. 3. CRUISE VESSEL SECURITY AND SAFETY REQUIRE20 MENTS. 

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

22 States Code, is amended by adding at the end the fol23 lowing: 


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

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

4 AND RETROFITTING REQUIREMENTS.— 

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

6 subsection applies shall comply with the following 

7 design and construction standards: 

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

9 ship rails that are located not less than 42 

10 inches above the cabin deck. 

11 ‘‘(B) Each passenger stateroom and crew 

12 cabin shall be equipped with entry doors that 

13 include peep holes or other means of visual 

14 identification. 

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

16 laid after the date of enactment of the Cruise 

17 Vessel Security and Safety Act of 2009, each 

18 passenger stateroom and crew cabin shall be 

19 equipped with— 

20 ‘‘(i) security latches; and 

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

22 ‘‘(D) The vessel shall integrate technology 

23 that can be used for capturing images of pas24 sengers or detecting passengers who have fallen 

25 overboard, to the extent that such technology is 

26 available. 


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

2 sufficient number of operable acoustic hailing 

3 or other such warning devices to provide com4 munication capability around the entire vessel 

5 when operating in high risk areas (as defined 

6 by the Coast Guard). 

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

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

9 shall take into consideration fire safety and other 

10 applicable emergency requirements established by 

11 the Coast Guard and under international law, as ap12 propriate. 

13 ‘‘(3) EFFECTIVE DATE.— 

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

15 subparagraph (B), the requirements of para16 graph (1) shall take effect 18 months after the 

17 date of enactment of the Cruise Vessel Security 

18 and Safety Act of 2009. 

19 ‘‘(B) LATCH AND KEY REQUIREMENTS.— 

20 The requirements of paragraph (1)(C) take ef21 fect on the date of enactment of the Cruise Ves22 sel Security and Safety Act of 2009. 

23 ‘‘(b) VIDEO RECORDING.— 

24 ‘‘(1) REQUIREMENT TO MAINTAIN SURVEIL25 LANCE.—The owner of a vessel to which this section 


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1 applies shall maintain a video surveillance system to 

2 assist in documenting crimes on the vessel and in 

3 providing evidence for the prosecution of such 

4 crimes, as determined by the Secretary. 

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

6 of a vessel to which this section applies shall provide 

7 to any law enforcement official performing official 

8 duties in the course and scope of an investigation, 

9 upon request, a copy of all records of video surveil10 lance that the official believes may provide evidence 

11 of a crime reported to law enforcement officials. 

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

13 to which this section applies shall provide in each pas14 senger stateroom, and post in a location readily accessible 

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

16 information regarding the locations of the United States 

17 embassy and each consulate of the United States for each 

18 country the vessel will visit during the course of the voy19 age. 

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

21 which this section applies shall— 

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

23 supplies of anti-retroviral medications and other 

24 medications designed to prevent sexually transmitted 

25 diseases after a sexual assault; 


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1 ‘‘(2) maintain on the vessel equipment and ma2 terials for performing a medical examination in sex3 ual assault cases to evaluate the patient for trauma, 

4 provide medical care, and preserve relevant medical 

5 evidence; 

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

7 medical staff who have undergone a credentialing 

8 process to verify that he or she— 

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

10 registered nurse’s license and— 

11 ‘‘(i) has at least 3 years of post-grad12 uate or post-registration clinical practice in 

13 general and emergency medicine; or 

14 ‘‘(ii) holds board certification in emer15 gency medicine, family practice medicine, 

16 or internal medicine; 

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

18 event of an alleged sexual assault, has received 

19 training in conducting forensic sexual assault 

20 examination, and is able to promptly perform 

21 such an examination upon request and provide 

22 proper medical treatment of a victim, including 

23 administration of anti-retroviral medications 

24 and other medications that may prevent the 


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1 transmission of human immunodeficiency virus 

2 and other sexually transmitted diseases; and 

3 ‘‘(C) meets guidelines established by the 

4 American College of Emergency Physicians re5 lating to the treatment and care of victims of 

6 sexual assault; 

7 ‘‘(4) prepare, provide to the patient, and main8 tain written documentation of the findings of such 

9 examination that is signed by the patient; and 

10 ‘‘(5) provide the patient free and immediate ac11 cess to— 

12 ‘‘(A) contact information for local law en13 forcement, the Federal Bureau of Investigation, 

14 the Coast Guard, the nearest United States 

15 consulate or embassy, and the National Sexual 

16 Assault Hotline program or other third party 

17 victim advocacy hotline service; and 

18 ‘‘(B) a private telephone line and Internet19 accessible computer terminal by which the indi20 vidual may confidentially access law enforce21 ment officials, an attorney, and the information 

22 and support services available through the Na23 tional Sexual Assault Hotline program or other 

24 third party victim advocacy hotline service. 


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1 ‘‘(e) CONFIDENTIALITY OF SEXUAL ASSAULT EXAM2 INATION AND SUPPORT INFORMATION.—The master or 

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

4 applies shall— 

5 ‘‘(1) treat all information concerning an exam6 ination under subsection (d) confidential, so that no 

7 medical information may be released to the cruise 

8 line or other owner of the vessel or any legal rep9 resentative thereof without the prior knowledge and 

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

11 is unable to provide written authorization, the pa12 tient’s next-of-kin, except that nothing in this para13 graph prohibits the release of— 

14 ‘‘(A) information, other than medical find15 ings, necessary for the owner or master of the 

16 vessel to comply with the provisions of sub17 section (g) or other applicable incident report18 ing laws; 

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

20 passengers or crew on board the vessel; or 

21 ‘‘(C) any information to law enforcement 

22 officials performing official duties in the course 

23 and scope of an investigation; and 

24 ‘‘(2) treat any information derived from, or ob25 tained in connection with, post-assault counseling or 


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1 other supportive services confidential, so no such in2 formation may be released to the cruise line or any 

3 legal representative thereof without the prior knowl4 edge and approval in writing of the patient, or, if 

5 the patient is unable to provide written authoriza6 tion, the patient’s next-of-kin. 

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

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

9 ‘‘(1) establish and implement procedures and 

10 restrictions concerning— 

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

12 passenger staterooms; and 

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

14 that access; and 

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

16 are fully and properly implemented and periodically 

17 reviewed. 

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

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

20 which this section applies shall— 

21 ‘‘(A) record in a log book, either electroni22 cally or otherwise, in a centralized location 

23 readily accessible to law enforcement personnel, 

24 a report on— 


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1 ‘‘(i) all complaints of crimes described 

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

3 ‘‘(ii) all complaints of theft of prop4 erty valued in excess of $1,000, and 

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

6 committed on any voyage that embarks or dis7 embarks passengers in the United States; and 

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

9 request to any agent of the Federal Bureau of 

10 Investigation, any member of the Coast Guard, 

11 and any law enforcement officer performing of12 ficial duties in the course and scope of an inves13 tigation. 

14 ‘‘(2) DETAILS REQUIRED.—The information re15 corded under paragraph (1) shall include, at a min16 imum— 

17 ‘‘(A) the vessel operator; 

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

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

20 operating at the time the reported incident oc21 curred; 

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

23 the accused assailant; 

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

25 complaint, as applicable, including whether the 


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1 alleged perpetrator was a passenger or a crew 

2 member; 

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

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

5 at the time of the initial report; 

6 ‘‘(G) the time, date, and method of the ini7 tial report and the law enforcement authority to 

8 which the initial report was made; 

9 ‘‘(H) the time and date the incident oc10 curred, if known; 

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

12 the total number of crew members on the voy13 age; and 

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

15 provided by the law enforcement authority to 

16 which the initial report was made. 

17 ‘‘(3) REQUIREMENT TO REPORT CRIMES AND

18 OTHER INFORMATION.— 

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

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

21 designee)— 

22 ‘‘(i) shall contact the nearest Federal 

23 Bureau of Investigation Field Office or 

24 Legal Attache by telephone as soon as pos25 sible after the occurrence on board the vesVerDate Nov 24 2008 02:19 Nov 19, 2009 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H3360.PCS H3360

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1 sel of an incident involving homicide, sus2 picious death, a missing United States na3 tional, kidnapping, assault with serious 

4 bodily injury, any offense to which section 

5 2241, 2242, 2243, or 2244 (a) or (c) of 

6 title 18 applies, firing or tampering with 

7 the vessel, or theft of money or property in 

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

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

10 the incident to the Secretary via an Inter11 net based portal; 

12 ‘‘(iii) may report any serious incident 

13 that does not meet the reporting require14 ments of clause (i) and that does not re15 quire immediate attention by the Federal 

16 Bureau of Investigation via the Internet 

17 based portal maintained by the Secretary 

18 of Transportation; and 

19 ‘‘(iv) may report any other criminal 

20 incident involving passengers or crew mem21 bers, or both, to the proper State or local 

22 government law enforcement authority. 

23 ‘‘(B) INCIDENTS TO WHICH SUBPARA24 GRAPH (A) APPLIES.—Subparagraph (A) apVerDate Nov 24 2008 02:19 Nov 19, 2009 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H3360.PCS H3360

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1 plies to an incident involving criminal activity 

2 if— 

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

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

5 States person, regardless of the nationality 

6 of the victim or perpetrator, and the inci7 dent occurs when the vessel is within the 

8 admiralty and maritime jurisdiction of the 

9 United States and outside the jurisdiction 

10 of any State; 

11 ‘‘(ii) the incident concerns an offense 

12 by or against a United States national 

13 committed outside the jurisdiction of any 

14 nation; 

15 ‘‘(iii) the incident occurs in the Terri16 torial Sea of the United States, regardless 

17 of the nationality of the vessel, the victim, 

18 or the perpetrator; or 

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

20 perpetrator who is a United States na21 tional on a vessel during a voyage that de22 parted from or will arrive at a United 

23 States port. 

24 ‘‘(4) AVAILABILITY OF INCIDENT DATA VIA

25 INTERNET.— 


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1 ‘‘(A) WEBSITE.—The Secretary of Trans2 portation shall maintain a statistical compila3 tion of all incidents described in paragraph 

4 (3)(A)(i) on an Internet site that provides a nu5 merical accounting of the missing persons and 

6 alleged crimes recorded in each report filed 

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

8 under investigation by the Federal Bureau of 

9 Investigation. The data shall be updated no less 

10 frequently than quarterly, aggregated by— 

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

12 identified by name; and 

13 ‘‘(ii) whether each crime was com14 mitted by a passenger or a crew member. 

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

16 line taking on or discharging passengers in the 

17 United States shall include a link on its Inter18 net website to the website maintained by the 

19 Secretary under subparagraph (A). 

20 ‘‘(h) ENFORCEMENT.— 

21 ‘‘(1) PENALTIES.— 

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

23 violates this section or a regulation under this 

24 section shall be liable for a civil penalty of not 

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


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1 the violation continues, except that the max2 imum penalty for a continuing violation is 

3 $50,000. 

4 ‘‘(B) CRIMINAL PENALTY.—Any person 

5 that knowingly fails to record in a log book or 

6 to make a log book available in accordance with 

7 subsection (g)(1), or to report in accordance 

8 with subsection (g)(3), shall be fined not more 

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

10 year, or both. 

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

12 deny entry into the United States to a vessel to 

13 which this section applies if the owner of the ves14 sel— 

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

16 a penalty may be imposed under this sub17 section; or 

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

19 owner under this subsection. 

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

21 of enactment of the Cruise Vessel Security and Safety Act 

22 of 2009, the Secretary shall issue guidelines, training cur23 ricula, and inspection and certification procedures nec24 essary to carry out the requirements of this section. 


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1 ‘‘(j) REGULATIONS.—The Secretary of Transpor2 tation and the Commandant shall each issue such regula3 tions as are necessary to implement this section. 

4 ‘‘(k) APPLICATION.— 

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

6 3508 apply to a passenger vessel (as defined in sec7 tion 2101(22)) that— 

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

9 passengers; 

10 ‘‘(B) has onboard sleeping facilities for 

11 each passenger; 

12 ‘‘(C) is on a voyage that embarks or dis13 embarks passengers in the United States; and 

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

15 ‘‘(2) FEDERAL AND STATE VESSELS.—This sec16 tion and section 3508 do not apply to a vessel that 

17 is owned and operated by the United States Govern18 ment or a vessel that is owned and operated by a 

19 State. 

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

21 3508, the term ‘owner’ means the owner, charterer, man22 aging operator, master, or other individual in charge of 

23 a vessel. 


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1 ‘‘§ 3508. Crime scene preservation training for pas2 senger vessel crew members 

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

4 enactment of the Cruise Vessel Security and Safety Act 

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

6 of the Federal Bureau of Investigation and the Maritime 

7 Administrator, shall develop training standards and cur8 ricula to allow for the certification of passenger vessel se9 curity personnel, crew members, and law enforcement offi10 cials on the appropriate methods for prevention, detection, 

11 evidence preservation, and reporting of criminal activities 

12 in the international maritime environment. The Adminis13 trator of the Maritime Administration may certify organi14 zations in the United States and abroad that offer the cur15 riculum for training and certification under subsection (c). 

16 ‘‘(b) MINIMUM STANDARDS.—The standards estab17 lished by the Secretary under subsection (a) shall in18 clude— 

19 ‘‘(1) the training and certification of vessel se20 curity personnel, crew members, and law enforce21 ment officials in accordance with accepted law en22 forcement and security guidelines, policies, and pro23 cedures, including recommendations for incor24 porating a background check process for personnel 

25 trained and certified in foreign countries; 


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

2 all aspects of prevention, detection, evidence preser3 vation, and reporting of criminal activities in the 

4 international maritime environment; and 

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

6 training and certification courses in the United 

7 States and foreign countries to develop and provide 

8 the required training and certification described in 

9 subsection (a) and to enhance security awareness 

10 and security practices related to the preservation of 

11 evidence in response to crimes on board passenger 

12 vessels. 

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

14 years after the standards are established under subsection 

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

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

17 which a United States citizen is a passenger unless there 

18 is at least 1 crew member onboard who is certified as hav19 ing successfully completed training in the prevention, de20 tection, evidence preservation, and reporting of criminal 

21 activities in the international maritime environment on 

22 passenger vessels under subsection (a). 

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

24 to which this section applies may enter a United States 

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


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

2 member onboard who has been properly trained in the pre3 vention, detection, evidence preservation and the reporting 

4 requirements of criminal activities in the international 

5 maritime environment. The owner of such a vessel shall 

6 maintain certification or other documentation, as pre7 scribed by the Secretary, verifying the training of such in8 dividual and provide such documentation upon request for 

9 inspection in connection with enforcement of the provi10 sions of this section. This subsection shall take effect 1 

11 year after the date of enactment of the Cruise Vessel Safe12 ty and Security Act of 2009 and shall remain in effect 

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

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

15 section or a regulation under this section shall be liable 

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

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

18 entry into the United States to a vessel to which this sec19 tion applies if the owner of the vessel— 

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

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

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

23 owner under subsection (e).’’. 


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

2 for such chapter is amended by adding at the end the fol3 lowing: 

‘‘3507. Passenger vessel security and safety requirements. 

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

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

5 PASSENGER VESSELS. 

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

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

8 in which the Coast Guard is operating shall conduct a 

9 study of the security needs of passenger vessels depending 

10 on number of passengers on the vessels, and report to the 

11 Congress findings of the study and recommendations for 

12 improving security on those vessels. 

13 (b) REPORT CONTENTS.—In recommending appro14 priate security on those vessels, the report shall take into 

15 account typical crew member shifts, working conditions of 

16 crew members, and length of voyages. 

Passed the House of Representatives November 17, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 211 

111TH CONGRESS 

1ST SESSION H. R. 3360 

AN ACT 

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 18, 2009 

Received; read twice and placed on the calendar 


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