[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6408 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 6408
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
June 26, 2008
Ms. Matsui (for herself, Mrs. Maloney of New York, Mr. Lewis of
Georgia, Mr. Shays, and Mr. Doggett) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
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.
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 2008''.
(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. 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.
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) Even with these high passenger numbers, few vacationing
passengers on cruise vessels fully appreciate their potential
vulnerability to crime while on an ocean voyage, and those who
are victimized often do not know their legal rights or whom to
contact for help in the immediate aftermath of the crime.
(4) On numerous occasions, 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 five years, sexual assault and physical
assaults on cruise vessels were the leading crimes reported to
and 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) There are no Federal statutes or regulations that
explicitly require cruise lines to report alleged crimes to
United States Government officials, unless such crimes occur
within the territorial waters of the United States.
(8) It is not known precisely how often crimes occur on
cruise vessels or exactly how many people have disappeared
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) Due to the absence of law enforcement officials on
ocean voyages, it can be difficult or impossible for
professional criminal 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) To enhance safety of cruise passengers, the owner of
these 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, and limiting access
to passenger rooms to select staff during specific times.
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:
``Sec. 3507. Cruise vessel security and safety requirements
``(a) Vessel Design, Construction, and Retrofitting Requirements.--
``(1) In general.--Each passenger 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 4\1/2\ feet above the
deck.
``(B) Each passenger stateroom and crew cabin shall
be equipped with entry doors that include--
``(i) peep holes;
``(ii) security latches; and
``(iii) time sensitive key technology.
``(C) Fire safety codes shall be implemented.
``(D) The vessel shall integrate technology that
can be used for detecting passengers who have fallen
overboard, to the extent that such technology is
available.
``(2) Effective date.--The requirements of paragraph (1)
shall take effect 36 months after the date of the enactment of
the Cruise Vessel Security and Safety Act of 2008.
``(b) Crew Access to Passenger Staterooms.--The owner, charterer,
managing operator, master, or individual in charge 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.
``(c) Log Book and Reporting Requirements.--
``(1) In general.--The owner, charterer, managing operator,
master, or individual in charge of a vessel to which this
section applies shall--
``(A) record in a log book reports on reported
deaths, missing individuals, and each significant
alleged crime committed on the vessel, and all
passenger and crewmember complaints regarding theft,
sexual harassment, and assaults; and
``(B) make such log book available--
``(i) upon request to any agent of the
Federal Bureau of Investigation, any member of
the Coast Guard, and any law enforcement
officer; and
``(ii) to the Coast Guard in an electronic
format prescribed by the Commandant.
``(2) Details required.--The information recorded under
paragraph (1) shall include, at a minimum--
``(A) the type of vessel;
``(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 of the victim;
``(E) the nature of the alleged crime or complaint,
as applicable, including whether the 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 case number or other identifier provided
by the law enforcement authority to which the initial
report was made; and
``(I) whether the reported incident occurred on
land or onboard.
``(3) Requirement to report crimes and other information.--
``(A) In general.--The master of a passenger vessel
to which this section applies--
``(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, United States Code,
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 by facsimile or electronic mail to
the Coast Guard National Command Center and by
facsimile to the Federal Bureau of
Investigation;
``(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 to the nearest Field Office or
Legal Attache by facsimile or electronic mail;
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 ship, 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;
``(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, on an
Internet site of the department in which the Coast
Guard is operating, a numerical accounting of the
missing persons and alleged crimes recorded in each
report filed under paragraph (1)(A). The data shall be
updated no less frequently than quarterly, aggregated
by cruise line, and each cruise line shall be
identified by name.
``(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).
``(d) Crew Database Requirement.--The Secretary shall prescribe
regulations that require the owner of each vessel to which this section
applies to participate in the establishment and maintenance of a
database for reporting all individuals whose employment on such a
vessel has been terminated for a matter reported under subsection
(c)(1)(A).
``(e) Rape Kits.--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 used to
prevent sexually transmitted diseases after a sexual assault;
``(2) maintain on the vessel equipment and materials for
performing a medical examination to investigate whether an
individual has been the victim of rape on such vessel;
``(3) make available on the vessel at all times an
individual licensed to practice as a medical doctor in the
United States to promptly perform such an examination upon
request and to provide proper medical treatment of a victim,
including anti-retroviral medications and other medications
that may prevent the transmission of human immunodeficiency
virus and other sexually transmitted diseases;
``(4) prepare, provide to the individual, and maintain
written documentation of the performance and findings of such
examination that is signed by the individual and ensure that no
medical information is released to the cruise line or any legal
representative thereof without the prior knowledge and approval
in writing of the victim, or, if the victim is unable to
provide written authorization, the victim's next-of-kin; and
``(5) provide the individual free and immediate access to--
``(A) a description of the toll-free telephone
number and website by which the individual may access
the National Sexual Assault Hotline and the National
Sexual Assault Online Hotline referred to in section
628 of the Adam Walsh Child Protection and Safety Act
of 2006 (Public Law 109-248; 42 U.S.C. 16985);
``(B) information for local law enforcement and the
Federal Bureau of Investigation; and
``(C) a private telephone line and Internet-
accessible computer terminal on the cruise ship by
which the individual may confidentially access such
hotline services.
``(f) Crime Scene Investigation Training for Passenger Vessel
Crewmembers.--The Secretary, in consultation with the Director of the
Federal Bureau of Investigation, shall develop a training curriculum
for crewmembers and law enforcement officials of passenger vessels to
educate them concerning appropriate methods for collecting evidence at
a crime scene and proper evidence preservation. The Administrator of
the Maritime Administration may certify organizations that offer the
curriculum for training and certification under subsection (g).
``(g) Certification Requirement.--Beginning 2 years after the date
of enactment of the Cruise Vessel Security and Safety Act of 2008, no
passenger vessel 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 collection of crime scene
evidence on passenger vessels under subsection (f).
``(h) Inspection.--The Secretary shall conduct an annual inspection
of each passenger vessel seeking to enter a port in the United States
to determine whether the passenger vessel has adequate equipment to
investigate covered crimes on the vessel and has at least 1 crewmember
who is certified under subsection (f).
``(i) Video Recording.--
``(1) Requirement to maintain surveillance.--The owner of a
vessel to which this section applies shall maintain video
surveillance to monitor and document crimes as they occur on
the vessel and to provide 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 law enforcement
officials, upon request, a copy of all records of video
surveillance that may provide evidence of a crime reported to
law enforcement officials.
``(j) Safety Information.--The owner of a vessel to which this
section applies shall--
``(1) prominently post in each stateroom and crew cabin and
in other places specified by the Secretary information
regarding--
``(A) the name of each country the cruise ship will
visit during the course of such carriage;
``(B) the locations in such country of the embassy
and each consulate of the United States;
``(C) the contact information for the National
Sexual Assault Hotline and the National Sexual Assault
Online Hotline referred to in section 628 of the Adam
Walsh Child Protection and Safety Act of 2006 (Public
Law 109-248; 42 U.S.C. 16985);
``(D) telephone numbers for the Federal Bureau of
Investigation; and
``(E) the degree to which the owner is responsible
or liable for the safety of passengers while they are
on shore excursions; and
``(2) include in mandatory crew training the details of
this section, its application, and the determination of the
United States to protect its citizens against crimes committed
at sea.
``(k) Criminal Penalties.--
``(1) Penalties.--Any person that 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 cruise vessel if the owner of the cruise
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.
``(l) Procedures.--Within 6 months after the date of enactment of
the Cruise Vessel Security and Safety Act of 2008, the Secretary shall
issue guidelines, training curricula, and inspection and certification
procedures necessary to carry out the requirements of this section.
``(m) Regulations.--The Secretary and the Commandant shall each
issue such regulations as are necessary to implement this section.
``(n) Application.--This section applies to any passenger vessel
that embarks or disembarks passengers in the United States or that is a
vessel of the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``3507. Cruise vessel security and safety requirements.''.
SEC. 4. DETAILING COAST GUARD PERSONNEL TO ENFORCE CRUISE SHIP
REQUIREMENTS.
(a) In General.--Section 7(b)(3) of the Ports and Waterways Safety
Act (33 U.S.C. 1226(b)(3)) is amended to read as follows:
``(3) dispatch properly trained and qualified armed Coast
Guard Personnel on vessels and public or commercial structures
on or adjacent to waters subject to United States
jurisdiction--
``(A) to deter or respond to acts of terrorism or
transportation security incidents, as defined in
section 70101 of title 46, United States Code;
``(B) to act as environmental observers for the
purposes of--
``(i) monitoring compliance with the
requirements of all applicable Federal laws and
regulations regarding the discharge of waste
into United States territorial waters;
``(ii) observing operation and maintenance
procedures for onboard waste treatment systems;
``(iii) ensuring the proper handling and
disposal of all hazardous wastes; and
``(iv) verifying logbook entries for all
records required by the Coast Guard related to
waste treatment and disposal; and
``(C) to act as public safety officers for the
purposes of--
``(i) assisting vessel passengers and crew,
as needed, with the reporting and investigation
of potential criminal activities occurring on
board vessels to which section 3507 of title
46, United States Code, applies while such
vessels are in United States territorial
waters;
``(ii) securing, to the degree possible,
suspected crime scenes on such vessels; and
``(iii) collecting evidence of alleged
crimes against passengers and crew on such
vessels.''.
(b) Fees and Charges.--The Commandant of the Coast Guard may
promulgate regulations under section 9701 of title 33, United States
Code, establishing charges for services provided by the Coast Guard
under section 7(b)(3)(C) of the Ports and Waterways Safety Act (33
U.S.C. 1226(b)(3)(C)) as amended by subsection (a).
SEC. 5. STUDY AND REPORT ON THE SECURITY NEEDS OF PASSENGER VESSELS.
(a) In General.--Within 3 months after the date of enactment of
this Act, the Secretary of the department in which the Coast Guard is
operating shall conduct a study of the security needs of a passenger
vessel depending on number of passengers on the vessel, and report to
the Congress findings of the study and recommendations for improving
security on those vessels.
(b) Report Contents.--In recommending appropriate security on those
vessels, the report shall take into account typical crewmember shifts,
working conditions of crewmembers, and length of voyages.
SEC. 6. AMENDMENT OF THE DEATH ON THE HIGH SEAS ACT.
(a) Application of Act.--Section 30302 of title 46, United States
Code, is amended by striking ``3 nautical miles'' and inserting ``12
nautical miles''.
(b) Nonapplication to Incidents Within 12-Mile Limit.--Section
30308 of title 46, United States Code, is amended by adding at the end
thereof the following:
``(c) Incidents Occurring Within 12-Mile Limit.--This chapter does
not apply if the death of an individual is caused by wrongful act,
neglect, or default occurring on the high seas 12 nautical miles or
less from the shore of the United States.''.
(c) Damages.--Section 30303 of title 46, United States Code, is
amended--
(1) by inserting ``and nonpecuniary'' after ``pecuniary'';
and
(2) by adding at the end ``In this section, the term
`nonpecuniary loss' means loss of care, comfort, and
companionship. The individuals for whose benefit the action is
brought may also recover damages for the decedent's pre-death
pain and suffering.''.
(d) Conforming Amendment.--
(1) Chapter 303 of title 46, United States Code, is amended
by striking section 30307.
(2) The chapter analysis for such chapter is amended by
striking the item relating to section 30307.
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