P.l. 111-207

PUBLIC LAW 111–207—JULY 27, 2010

124 STAT. 2243

Public Law 111–207
111th Congress
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.

July 27, 2010
[H.R. 3360]

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.
Sec.
Sec.
Sec.
Sec.

1.
2.
3.
4.
5.

Short title; table of contents.
Findings.
Cruise vessel security and safety requirements.
Offset of administrative costs.
Budgetary effects.

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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

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PUBLIC LAW 111–207—JULY 27, 2010
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.

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(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.

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124 STAT. 2245

‘‘(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;

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Web posting.

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‘‘(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.

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PUBLIC LAW 111–207—JULY 27, 2010

124 STAT. 2247

‘‘(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—

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Procedures.

Records.

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124 STAT. 2248

PUBLIC LAW 111–207—JULY 27, 2010
‘‘(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;

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PUBLIC LAW 111–207—JULY 27, 2010

124 STAT. 2249

‘‘(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;

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Deadlines.

Deadline.
Guidelines.

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‘‘(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.

Deadline.
Guidelines.

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Effective date.

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‘‘§ 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

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124 STAT. 2251

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:

Certification.

Effective date.

‘‘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 FOREIGN 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.

16 USC 1828
note.

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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

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PUBLIC LAW 111–207—JULY 27, 2010

Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior
to the vote on passage.
Approved July 27, 2010.

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LEGISLATIVE HISTORY—H.R. 3360:
HOUSE REPORTS: No. 111–332 (Comm. on Transportation and Infrastructure).
CONGRESSIONAL RECORD:
Vol. 155 (2009): Nov. 17, considered and passed House.
Vol. 156 (2010): June 10, considered and passed Senate, amended.
June 30, House concurred in Senate amendment.

Æ

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