The government works in mysterious ways. For example, you wouldn’t think that the Coast Guard Authorization Bill of 2010 has a whole lot to do with sexual assault. But you, like me, would be oddly wrong.

The bill, HR 3619, was passed in the House on October 23 (votes: 385 to 11), and is now on the Senate’s legislative calendar. The bill authorizes the Coast Guard’s $10 billion 2010 (fiscal year) budget, and two thirds of the budget will reportedly go to “financ[ing] core missions such as searches and rescues, combating drug smugglers and defending the U.S. coast against terrorists.” The bill also “increases Coast Guard personnel by 1,500 positions to a force of 47,000.”

But there is another story here:

The bill would push the 125 to 150 cruise ships that enter U.S. ports to do a better job of preventing or responding to sexual assaults on passengers. Cruise operators would be required to report alleged crimes to the FBI and Coast Guard, publish crime data online, establish procedures to assist victims and have at least one crew member trained to investigate crime scenes.

Interesting, right?! It gets better: there are actually two parts of the bill that deal directly with sexual assault. The first is in sec. 219 which refers to sexual assaults involving members of the Coast Guard—the bill would require that (much like the Clery Act requires of colleges and universities) each year the Coast Guard submit a report to a number of congressional committees on the number of sexual assaults committed by and against CG members; the disciplinary actions that were taken; and a plan for prevention and response activities that will occur in the following year.

Title IX of the bill, (sec. 901 to 904), referred to as the “Cruise Vessel Security and Safety Act of 2009,” covers the cruise ship requirements quoted above. This section starts off with the following findings (emphasis mine):

(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 crew members on other passengers and crew members.

(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 during ocean voyages because cruise line companies do not make comprehensive, crime-related data readily available to the public.

I suppose it’s not shocking that assault is a commonly-investigated crime on cruise ships, (now that I think about it, it’s kind of like being in a college dorm) but it’s certainly not something I’ve considered much and it’s pretty refreshing to see that our government is attempting to do something about it. On top of requirements about reporting and having medical staff equipped to treat survivors of assault, the bill requires that the medical staff maintain confidentiality and that people who have been assaulted have access to confidential phone and internet service to contact law enforcement, legal, or counseling services. AND ships will be required to have on hand “in-date supplies of anti-retroviral medications and other medications designed to prevent sexually transmitted diseases after a sexual assault.”

So three cheers for the House of Reps, this is way cool! I wonder if some folks in the Senate are going to find this to be “politically motivated” as well….

The full relevant text of the bill is after the cut, and can be found here.

[One more quick note: the bill also establishes a minority recruiting program for the Coast Guard, including a procedure for congressional nominations to increase the amount of racial and geographic diversity at the Coast Guard's academy; the academy currently serves 1000 cadets, only 25 of whom are black.]

SEC. 219. REPORT ON SEXUAL ASSAULTS IN THE COAST GUARD.

(a) In General- Not later than January 15 of each year, the Commandant of the Coast Guard shall submit a report on the sexual assaults involving members of the Coast Guard to the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

(b) Contents- The report required under subsection (a) shall contain the following:

• (1) The number of sexual assaults against members of the Coast Guard, and the number of sexual assaults by members of the Coast Guard, that were reported to military officials during the year covered by such report, and the number of the cases so reported that were substantiated.

• (2) A synopsis of, and the disciplinary action taken in, each substantiated case.

• (3) The policies, procedures, and processes implemented by the Secretary concerned during the year covered by such report in response to incidents of sexual assault involving members of the Coast Guard concerned.

• (4) A plan for the actions that are to be taken in the year following the year covered by such report on the prevention of and response to sexual assault involving members of the Coast Guard concerned.

SEC. 901. SHORT TITLE.

This title may be cited as the `Cruise Vessel Security and Safety Act of 2009′.

SEC. 902. 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 crew members on other passengers and crew members.

• (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 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 crew members may involve the laws and authorities of multiple nations.

• (12) The Coast Guard 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. 903. 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. 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 2009, 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.

• • `(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 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 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 2009.

• • `(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 2009.

`(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- 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 post-registration 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 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.

`(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 next-of-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 crew members 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 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–

• • `(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 crew member;

• • `(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 the Secretary via an Internet based portal;

• • • `(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 of Transportation; and

• • • `(iv) may report any other criminal incident involving passengers or crew members, 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;

• • • `(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 of Transportation 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–

• • • `(i) cruise line, with each cruise line identified by name; and

• • • `(ii) whether each crime 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 the log book or reporting requirements required under subsection (g) 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 2009, 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 of Transportation 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;

• • `(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 that is owned and operated by the United States Government or a vessel that is owned and operated by a State.

`(l) Owner Defined- In this section and section 3508, the term `owner’ means the owner, charterer, managing operator, master, or other individual in charge of a vessel.