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46 U.S.C. § 3507 — Passenger vessel security and safety re-
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Page 72
TITLE 46—SHIPPING
§ 3505
Section 3504 requires notification to the public of the
safety standards that are applicable to certain foreign
flag or United States passenger vessels. In addition, all
promotional literature or advertising that offers pas-
sage or solicits passengers for ocean voyages anywhere
in the world shall include a safety standard statement
and shall specify the registry of the vessel. If the vessel
meets the international standards to which the United
States adheres, then the safety standard statement
need not be included. In all other cases the type of safe-
ty standard statement that must be included is as pre-
scribed by regulation. This section is intended to place
the United States public on notice as to the degree of
fire safety compliance of a foreign-flag passenger vessel
that does not operate or depart from a port or place in
the United States but does embark passengers from the
United States at nearby foreign ports. Departures from
foreign ports are undertaken because the foreign-flag
passenger vessel cannot comply with the safety stand-
ards applicable to a United States flag passenger ves-
sel.
§ 3505. Prevention of departure
Notwithstanding section 3303 of this title, a
foreign vessel carrying a citizen of the United
States as a passenger or embarking passengers
from a United States port may not depart from
a United States port if the Secretary finds that
the vessel does not comply with the standards
stated in the International Convention for the
Safety of Life at Sea to which the United States
Government is currently a party.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 520; Pub. L.
102–587, title V, § 5210(b), Nov. 4, 1992, 106 Stat.
5076; Pub. L. 108–293, title IV, § 411(a), Aug. 9,
2004, 118 Stat. 1045.)
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Page 72
TITLE 46—SHIPPING
§ 3505
Section 3504 requires notification to the public of the
safety standards that are applicable to certain foreign
flag or United States passenger vessels. In addition, all
promotional literature or advertising that offers pas-
sage or solicits passengers for ocean voyages anywhere
in the world shall include a safety standard statement
and shall specify the registry of the vessel. If the vessel
meets the international standards to which the United
States adheres, then the safety standard statement
need not be included. In all other cases the type of safe-
ty standard statement that must be included is as pre-
scribed by regulation. This section is intended to place
the United States public on notice as to the degree of
fire safety compliance of a foreign-flag passenger vessel
that does not operate or depart from a port or place in
the United States but does embark passengers from the
United States at nearby foreign ports. Departures from
foreign ports are undertaken because the foreign-flag
passenger vessel cannot comply with the safety stand-
ards applicable to a United States flag passenger ves-
sel.
§ 3505. Prevention of departure
Notwithstanding section 3303 of this title, a
foreign vessel carrying a citizen of the United
States as a passenger or embarking passengers
from a United States port may not depart from
a United States port if the Secretary finds that
the vessel does not comply with the standards
stated in the International Convention for the
Safety of Life at Sea to which the United States
Government is currently a party.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 520; Pub. L.
102–587, title V, § 5210(b), Nov. 4, 1992, 106 Stat.
5076; Pub. L. 108–293, title IV, § 411(a), Aug. 9,
2004, 118 Stat. 1045.)
HISTORICAL AND REVISION NOTES
Revised section
Source section (U.S. Code)
3505 ..............................................
46:362(c)
Section 3505 prohibits the departure from a United
States port or place of any passenger vessel of more
than 100 gross tons having berthing for at least 50 pas-
sengers, if the vessel does not comply with the inter-
national maritime safety standards applicable to
United States vessels.
Editorial Notes
AMENDMENTS
2004—Pub. L. 108–293 reenacted section catchline
without change and amended text generally. Prior to
amendment, text read as follows: ‘‘Notwithstanding
section 3303(a) of this title, a foreign vessel may not de-
part from a United States port with passengers who are
embarked at that port, if the Secretary finds that the
vessel does not comply with the standards stated in the
International Convention for the Safety of Life at Sea
to which the United States Government is currently a
party.’’
1992—Pub. L. 102–587 substituted ‘‘foreign vessel may
not depart’’ for ‘‘foreign or domestic vessel of more
than 100 gross tons having berth or stateroom accom-
modations for at least 50 passengers may not depart’’.
Statutory Notes and Related Subsidiaries
INTERNATIONAL CONVENTION FOR SAFETY OF LIFE AT
SEA
For International Conventions for the Safety of Life
at Sea to which the United States has been a party, see
section 1602 of Title 33, Navigation and Navigable Wa-
ters, and notes thereunder.
§ 3506. Copies of laws
A master of a passenger vessel shall keep on
board a copy of this subtitle, to be provided by
the Secretary at reasonable cost. If the master
fails to do so, the master is liable to the United
States Government for a civil penalty of $200.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 520.)
HISTORICAL AND REVISION NOTES
Revised section
Source section (U.S. Code)
3506 ..............................................
46:492
Section 3506 requires the master of a passenger vessel
to keep on board a copy of subtitle II of title 46, U.S.C.
Copies of the subtitle shall be provided by the Sec-
retary at reasonable cost.
§ 3507. Passenger vessel security and safety re-
quirements
(a) VESSEL DESIGN, EQUIPMENT, CONSTRUCTION,
AND RETROFITTING REQUIREMENTS.—
(1) IN GENERAL.—Each vessel to which this
subsection applies shall comply with the fol-
lowing 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 pas-
sengers or detecting passengers who have
fallen overboard, to the extent that such
technology is available.
(E) The vessel shall be equipped with a suf-
ficient 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 Sec-
retary shall take into consideration fire safety
and other applicable emergency requirements
established by the U.S. Coast Guard and under
international law, as appropriate.
(b) VIDEO RECORDING.—
(1)
REQUIREMENT
TO
MAINTAIN
SURVEIL-
LANCE.—
(A) IN GENERAL.—The owner of a vessel to
which this section applies shall maintain a
video surveillance system to assist in docu-
menting crimes on the vessel and in pro-
viding evidence for the prosecution of such
crimes.
(B) PLACEMENT
OF
VIDEO
SURVEILLANCE
EQUIPMENT.—
(i)
IN
GENERAL.—Not
later
than
18
months after the date of the enactment of
Page 73
TITLE 46—SHIPPING
§ 3507
the Elijah E. Cummings Coast Guard Au-
thorization Act of 2020, the Commandant
in consultation with other relevant Fed-
eral agencies or entities as determined by
the Commandant, shall establish guidance
for performance of the risk assessment de-
scribed in paragraph (2) regarding the ap-
propriate placement of video surveillance
equipment in passenger and crew common
areas where there is no reasonable expec-
tation of privacy.
(ii) RISK ASSESSMENT.—Not later than 1
year after the Commandant establishes
the guidance described in paragraph (1),
the owner shall conduct the risk assess-
ment required under paragraph (1) and
shall—
(I) evaluate the placement of video sur-
veillance equipment to deter, prevent,
and record a sexual assault aboard the
vessel considering factors such as: ship
layout and design, itinerary, crew com-
plement, number of passengers, pas-
senger demographics, and historical data
on the type and location of prior sexual
assault incident allegations;
(II) incorporate to the maximum ex-
tent practicable the video surveillance
guidance
established
by
the
Com-
mandant
regarding
the
appropriate
placement of video surveillance equip-
ment;
(III) arrange for the risk assessment to
be conducted by an independent third
party with expertise in the use and
placement of camera surveillance to
deter, prevent and record criminal be-
havior; and
(IV) the independent third party re-
ferred to in paragraph (C) shall be a com-
pany that has been accepted by a classi-
fication society that is a member of the
International Association of Classifica-
tion Societies (hereinafter referred to as
‘‘IACS’’) or another classification soci-
ety recognized by the Secretary as meet-
ing acceptable standards for such a soci-
ety pursuant to section 3316(b).
(C) SURVEILLANCE
PLAN.—Not later than
180 days after completion of the risk assess-
ment conducted under subparagraph (B)(ii),
the owner of a vessel shall develop a plan to
install video surveillance equipment in
places determined to be appropriate in ac-
cordance with the results of the risk assess-
ment conducted under subparagraph (B)(ii),
except in areas where a person has a reason-
able expectation of privacy. Such plan shall
be evaluated and approved by an inde-
pendent third party with expertise in the use
and placement of camera surveillance to
deter, prevent and record criminal behavior
that has been accepted as set forth in para-
graph (2)(D).
(D) INSTALLATION.—The owner of a vessel
to which this section applies shall, con-
sistent with the surveillance plan approved
under subparagraph (C), install appropriate
video surveillance equipment aboard the ves-
sel not later than 2 years after approval of
the plan, or during the next scheduled dry-
dock, whichever is later.
(E) ATTESTATION.—At the time of initial
installation under subparagraph (D), the ves-
sel owner shall obtain written attestations
from—
(i) an IACS classification society that
the video surveillance equipment is in-
stalled in accordance with the surveillance
plan required under subparagraph (C); and
(ii) the company security officer that the
surveillance equipment and associated sys-
tems are operational, which attestation
shall be obtained each year thereafter.
(F) UPDATES.—The vessel owner shall en-
sure the risk assessment described in sub-
paragraph (B)(ii) and installation plan in
subparagraph (C) are updated not later than
5 years after the initial installation con-
ducted under subparagraph (D), and every 5
years thereafter. The updated assessment
and plan shall be approved by an inde-
pendent third party with expertise in the use
and placement of camera surveillance to
deter, prevent, and record criminal behavior
that has been accepted by an IACS classi-
fication society. The vessel owner shall im-
plement the updated installation plan not
later than 180 days after approval.
(G) AVAILABILITY.—Each risk assessment,
installation plan and attestation shall be
protected from disclosure under the Free-
dom of Information Act, section 552 of title
5 but shall be available to the Coast Guard—
(i) upon request, and
(ii) at the time of the certificate of com-
pliance or certificate of inspection exam-
ination.
(H) DEFINITIONS.—For purposes of this sec-
tion a ‘‘ship security officer’’ is an indi-
vidual that, with the master’s approval, has
full responsibility for vessel security con-
sistent with the International Ship and Port
Facility Security Code.
(2) NOTICE
OF
VIDEO
SURVEILLANCE.—The
owner of a vessel to which this section applies
shall provide clear and conspicuous signs on
board the vessel notifying the public of the
presence of video surveillance equipment.
(3) ACCESS TO VIDEO RECORDS.—
(A) LAW
ENFORCEMENT.—The owner of a
vessel to which this section applies shall
provide to any law enforcement official per-
forming 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 offi-
cials.
(B) CIVIL
ACTIONS.—Except as proscribed
by law enforcement authorities or court
order, the owner of a vessel to which this
section applies shall, upon written request,
provide to any individual or the individual’s
legal representative a copy of all records of
video surveillance—
(i) in which the individual is a subject of
the video surveillance; and
(ii) that may provide evidence of any
sexual assault incident in a civil action.
(C) LIMITED ACCESS.—The owner of a vessel
to which this section applies shall ensure
Page 74
TITLE 46—SHIPPING
§ 3507
that access to records of video surveillance
is limited to the purposes described in this
paragraph.
(4) RETENTION REQUIREMENTS.—The owner of
a vessel to which this section applies shall re-
tain all records of video surveillance for not
less than 20 days after the footage is obtained.
The vessel owner shall include a statement in
the security guide required by subsection
(c)(1)(A) that the vessel owner is required by
law to retain video surveillance footage for
the period specified in this paragraph. If an in-
cident described in subsection (g)(3)(A)(i) is al-
leged and reported to law enforcement, all
records of video surveillance from the voyage
that the Federal Bureau of Investigation de-
termines are relevant shall—
(A) be provided to the Federal Bureau of
Investigation; and
(B) be preserved by the vessel owner for
not less than 4 years from the date of the al-
leged incident.
(c) SAFETY INFORMATION.—
(1) CRIMINAL ACTIVITY PREVENTION AND RE-
SPONSE 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 un-
derstood English, which—
(i) provides a description of medical and
security personnel designated on board to
prevent and respond to criminal and med-
ical situations with 24 hour contact in-
structions;
(ii) describes the jurisdictional authority
applicable, and the law enforcement proc-
esses available, with respect to the report-
ing of homicide, suspicious death, a miss-
ing United States national, kidnapping,
assault with serious bodily injury, any of-
fense 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-
gether 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;
(B) provide a copy of the security guide to
the Federal Bureau of Investigation for com-
ment; 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 Sec-
retary, information regarding the locations of
the United States embassy and each consulate
of the United States for each country the ves-
sel 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 sexu-
ally transmitted diseases after a sexual as-
sault;
(2) maintain on the vessel equipment and
materials for performing a medical examina-
tion in sexual assault cases to evaluate the pa-
tient 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 reg-
istered 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 emer-
gency medicine, family practice medicine,
or internal medicine;
(B) is able to provide assistance in the
event of an alleged sexual assault, has re-
ceived 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 medica-
tions 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 vic-
tims of sexual assault;
(4) prepare, provide to the patient, and main-
tain written documentation of the findings of
such examination that is signed by the pa-
tient; and
(5) provide the patient free and immediate
access to—
(A) contact information for local law en-
forcement, the Federal Bureau of Investiga-
tion, the United States Coast Guard, the
nearest United States consulate or embassy,
and the National Sexual Assault Hotline
program or other third party victim advo-
cacy hotline service; and
(B) a private telephone line and Internet-
accessible computer terminal by which the
individual may confidentially access law en-
forcement officials, an attorney, and the in-
formation and support services available
through the National Sexual Assault Hotline
program or other third party victim advo-
cacy hotline service.
(e) CONFIDENTIALITY OF SEXUAL ASSAULT EX-
AMINATION
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 ex-
amination under subsection (d) confidential,
so that no medical information may be re-
leased 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 un-
Page 75
TITLE 46—SHIPPING
§ 3507
able to provide written authorization, the pa-
tient’s next-of-kin, except that nothing in this
paragraph prohibits the release of—
(A) information, other than medical find-
ings, 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 pas-
sengers or crew on board the vessel; or
(C) any information to law enforcement of-
ficials 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 as con-
fidential, so no such information may be re-
leased to the cruise line or any legal rep-
resentative thereof without the prior knowl-
edge and approval in writing of the patient, or,
if the patient is unable to provide written au-
thorization, the patient’s next-of-kin.
(f) CREW ACCESS TO PASSENGER STATEROOMS.—
The owner of a vessel to which this section ap-
plies 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 restric-
tions 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 electroni-
cally or otherwise, in a centralized location
readily accessible to law enforcement per-
sonnel, 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 re-
quest to any agent of the Federal Bureau of
Investigation, any member of the United
States Coast Guard, and any law enforce-
ment officer performing official duties in the
course and scope of an investigation.
(2) DETAILS REQUIRED.—The information re-
corded 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 op-
erating at the time the reported incident oc-
curred;
(D) the age and gender of the victim and
the accused assailant;
(E) the nature of the alleged crime or com-
plaint, 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 ini-
tial report and the law enforcement author-
ity to which the initial report was made;
(H) the time and date the incident oc-
curred, if known;
(I) the total number of passengers and the
total number of crew members on the voy-
age; and
(J) the case number or other identifier pro-
vided 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 Bu-
reau 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 in-
jury, any offense to which section 2241,
2242, 2243, or 2244(a) or (c) of title 18 ap-
plies, 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 each
incident specified in clause (i) to the Inter-
net website maintained by the Secretary
of Transportation under paragraph (4)(A);
(iii) may report any serious incident that
does not meet the reporting requirements
of clause (i) and that does not require im-
mediate attention by the Federal Bureau
of Investigation via the Internet website
maintained by the Secretary of Transpor-
tation under paragraph (4)(A); and
(iv) may report any other criminal inci-
dent
involving
passengers
or
crew-
members, or both, to the proper State or
local government law enforcement author-
ity.
(B) INCIDENTS TO WHICH SUBPARAGRAPH (A)
APPLIES.—Subparagraph (A) applies to an in-
cident 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 nation-
ality 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 jurisdic-
tion of any State;
(ii) the incident concerns an offense by
or against a United States national com-
mitted outside the jurisdiction of any na-
tion;
(iii) the incident occurs in the Terri-
torial 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 na-
tional on a vessel during a voyage that de-
parted from or will arrive at a United
States port.
Page 76
TITLE 46—SHIPPING
§ 3507
(4) AVAILABILITY OF INCIDENT DATA VIA INTER-
NET.—
(A) WEBSITE.—
(i) IN GENERAL.—The Secretary of Trans-
portation shall maintain a statistical com-
pilation of all incidents on board a cruise
vessel specified in paragraph (3)(A)(i) on an
Internet website that provides a numerical
accounting of the missing persons and al-
leged crimes reported under that para-
graph without regard to the investigative
status of the incident.
(ii) UPDATES AND OTHER REQUIREMENTS.—
The compilation under clause (i) shall—
(I) be updated not less frequently than
quarterly;
(II) be able to be sorted by cruise line;
(III) identify each cruise line by name;
(IV) identify each crime or alleged
crime committed or allegedly committed
by a passenger or crewmember;
(V) identify the number of individuals
alleged overboard; and
(VI) include the approximate number
of passengers and crew carried by each
cruise line during each quarterly report-
ing period.
(iii) USER-FRIENDLY
FORMAT.—The Sec-
retary of Transportation shall ensure that
the compilation, data, and any other infor-
mation provided on the Internet website
maintained under this subparagraph are in
a user-friendly format. The Secretary
shall, to the greatest extent practicable,
use existing commercial off the shelf tech-
nology to transfer and establish the
website, and shall not independently de-
velop software, or acquire new hardware in
operating the site.
(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 of Transportation under
subparagraph (A).
(h) ENFORCEMENT.—
(1) PENALTIES.—
(A) CIVIL PENALTY.—Any person that vio-
lates 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 vio-
lation 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 sub-
section; or
(B) fails to pay a penalty imposed on the
owner under this subsection.
(i) PROCEDURES.—The Secretary shall main-
tain guidelines, training curricula, and inspec-
tion and certification procedures necessary to
carry out the requirements of this section.
(j) REGULATIONS.—The Secretary and the Com-
mandant 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(31)) that—
(A) is authorized to carry 250 or more pas-
sengers;
(B) has overnight accommodations for 250
or more passengers; and
(C) is on a voyage that embarks or dis-
embarks passengers in the United States.
(2) FEDERAL AND STATE VESSELS.—This sec-
tion 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) DEFINITION.—In this section and section
3508, the term ‘‘owner’’ means the owner,
charterer, managing operator, master, or other
individual in charge of a vessel.
(Added Pub. L. 111–207, § 3(a), July 27, 2010, 124
Stat. 2244; amended Pub. L. 113–281, title III,
§ 321, Dec. 18, 2014, 128 Stat. 3054; Pub. L. 115–232,
div. C, title XXXV, §§ 3541(b)(9), 3543(a), Aug. 13,
2018, 132 Stat. 2323, 2324; Pub. L. 116–283, div. G,
title LVXXXIII [LXXXIII], § 8311, div. G, title
LVXXXIV [LXXXIV], § 8440(a)–(c)(1), Jan. 1, 2021,
134 Stat. 4697, 4739–4741; Pub. L. 117–263, div. K,
title CXVIII, § 11802, Dec. 23, 2022, 136 Stat. 4163.)
Editorial Notes
REFERENCES IN TEXT
The date of enactment of the Cruise Vessel Security
and Safety Act of 2010, referred to in subsec. (a)(1)(C),
is the date of enactment of Pub. L. 111–207, which was
approved July 27, 2010.
The date of the enactment of the Elijah E. Cummings
Coast Guard Authorization Act of 2020, referred to in
subsec. (b)(1)(B)(i), is the date of enactment of div. G of
Pub. L. 116–283, which was approved Jan. 1, 2021.
AMENDMENTS
2022—Subsec. (k)(1)(A). Pub. L. 117–263, § 11802(1), sub-
stituted ‘‘250 or more’’ for ‘‘at least 250’’.
Subsec. (k)(1)(B). Pub. L. 117–263, § 11802(2), added sub-
par. (B) and struck out former subpar. (B). Prior to
amendment, subpar. (B) read as follows: ‘‘has onboard
sleeping facilities for each passenger; and’’.
2021—Subsec. (b)(1). Pub. L. 116–283, § 8440(a), des-
ignated existing provisions as subpar. (A), inserted
heading, struck out ‘‘, as determined by the Secretary’’
before the period, and added subpars. (B) to (H).
Subsec. (b)(2). Pub. L. 116–283, § 8440(b)(2), added par.
(2). Former par. (2) redesignated (3).
Subsec. (b)(3). Pub. L. 116–283, § 8440(b)(1), (3), redesig-
nated par. (2) as (3), designated existing provisions as
subpar. (A), inserted heading, and added subpars. (B)
and (C).
Subsec. (b)(4). Pub. L. 116–283, § 8440(c)(1), added par.
(4).
Subsec. (k)(1)(D). Pub. L. 116–283, § 8311, struck out
subpar. (D) which read as follows: ‘‘is not engaged on a
coastwise voyage.’’
2018—Subsec. (a)(3). Pub. L. 115–232, § 3543(a)(1), struck
out par. (3) which related to effective date of par. (1) re-
quirements.
Subsec. (e)(2). Pub. L. 115–232, § 3543(a)(2), substituted
‘‘services as confidential’’ for ‘‘services confidential’’.
Page 77
TITLE 46—SHIPPING
§ 3508
Subsec. (i). Pub. L. 115–232, § 3543(a)(3), substituted
‘‘The Secretary shall maintain’’ for ‘‘Within 6 months
after the date of enactment of the Cruise Vessel Secu-
rity and Safety Act of 2010, the Secretary shall issue’’.
Subsec. (k)(1). Pub. L. 115–232, § 3541(b)(9)(A), sub-
stituted ‘‘section 2101(31)’’ for ‘‘section 2101(22)’’ in in-
troductory provisions.
Subsec. (l). Pub. L. 115–232, § 3541(b)(9)(B), added sub-
sec. (l) and struck out former subsec. (l) which defined
‘‘Commandant’’ and ‘‘owner’’.
2014—Subsec. (g)(3)(A)(ii). Pub. L. 113–281, § 321(a)(1),
substituted ‘‘each incident specified in clause (i) to the
Internet website maintained by the Secretary of Trans-
portation under paragraph (4)(A)’’ for ‘‘the incident to
an Internet based portal maintained by the Secretary’’.
Subsec. (g)(3)(A)(iii). Pub. L. 113–281, § 321(a)(2), sub-
stituted ‘‘Internet website maintained by the Secretary
of Transportation under paragraph (4)(A)’’ for ‘‘Inter-
net based portal maintained by the Secretary’’.
Subsec. (g)(4)(A). Pub. L. 113–281, § 321(b)(1), added
subpar. (A) and struck out former subpar. (A). Prior to
amendment, text read as follows: ‘‘The Secretary shall
maintain a statistical compilation of all incidents de-
scribed 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 investiga-
tion by the Federal Bureau of Investigation. The data
shall be updated no less frequently than quarterly, ag-
gregated by cruise line, each cruise line shall be identi-
fied by name, and each crime shall be identified as to
whether it was committed by a passenger or a crew
member.’’
Subsec. (g)(4)(B). Pub. L. 113–281, § 321(b)(2), sub-
stituted ‘‘Secretary of Transportation’’ for ‘‘Sec-
retary’’.
Statutory Notes and Related Subsidiaries
ADMINISTRATIVE PROVISIONS
Pub. L. 116–283, div. G, title LVXXXIV [LXXXIV],
§ 8440(c)(2), Jan. 1, 2021, 134 Stat. 4742, provided that:
‘‘(A) STUDY AND REPORT.—Each owner of a vessel to
which section 3507 of title 46, United States Code, ap-
plies shall, not later than March 1, 2023, submit to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a re-
port detailing the total number of voyages for the pre-
ceding year and the percentage of those voyages that
were 30 days or longer.
‘‘(B) INTERIM
STANDARDS.—Not later than 180 days
after the date of enactment of this Act [Jan. 1, 2021],
the Commandant [of the Coast Guard], in consultation
with the Federal Bureau of Investigation, shall promul-
gate interim standards for the retention of records of
video surveillance.
‘‘(C) FINAL STANDARDS.—Not later than 1 year after
the date of enactment of this Act, the Commandant, in
consultation with the Federal Bureau of Investigation,
shall promulgate final standards for the retention of
records of video surveillance.
‘‘(D) CONSIDERATIONS.—In promulgating standards
under subparagraphs (B) and (B) [probably should be
‘(C)’], the Commandant shall—
‘‘(i) consider factors that would aid in the inves-
tigation of serious crimes, including the results of
the report by the Commandant provided under sub-
paragraph (A), as well as crimes that go unreported
until after the completion of a voyage;
‘‘(ii) consider the different types of video surveil-
lance systems and storage requirements in creating
standards both for vessels currently in operation and
for vessels newly built;
‘‘(iii) consider privacy, including standards for per-
missible access to and monitoring and use of the
records of video surveillance; and
‘‘(iv) consider technological advancements, includ-
ing requirements to update technology.’’
FINDINGS
Pub. L. 111–207, § 2, July 27, 2010, 124 Stat. 2243, pro-
vided that: ‘‘The Congress makes the following find-
ings:
‘‘(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 pas-
sengers were projected to take a cruise worldwide.
‘‘(3) Passengers on cruise vessels have an inad-
equate appreciation of their potential vulnerability
to crime while on ocean voyages, and those who may
be victimized lack the information they need to un-
derstand their legal rights or to know whom to con-
tact for help in the immediate aftermath of the
crime.
‘‘(4) Sexual violence, the disappearance of pas-
sengers from vessels on the high seas, and other seri-
ous crimes have occurred during luxury cruises.
‘‘(5) Over the last 5 years, sexual assault and phys-
ical assaults on cruise vessels were the leading
crimes investigated by the Federal Bureau of Inves-
tigation 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 for-
eign flagged vessels operating in an area subject to
the direct jurisdiction of the United States, there are
no Federal statutes or regulations that explicitly re-
quire 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 oc-
curs on the high seas, including the flag country for
the vessel, the country of citizenship of particular
passengers, and any countries having special or mari-
time jurisdiction.
‘‘(10) It can be difficult for professional crime inves-
tigators to immediately secure an alleged crime
scene on a cruise vessel, recover evidence of an on-
board offense, and identify or interview potential wit-
nesses 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 prosecu-
tions of crimes against passengers and crewmembers
may involve the laws and authorities of multiple na-
tions.
‘‘(12) The Department of Homeland Security has
found it necessary to establish 500-yard security
zones around cruise vessels to limit the risk of ter-
rorist attack. Recently piracy has dramatically in-
creased throughout the world.
‘‘(13) To enhance the safety of cruise passengers,
the owners of cruise vessels could upgrade, mod-
ernize, and retrofit the safety and security infra-
structure on such vessels by installing peep holes in
passenger room doors, installing security video cam-
eras in targeted areas, limiting access to passenger
rooms to select staff during specific times, and in-
stalling acoustic hailing and warning devices capable
of communicating over distances.’’
§ 3508. Crime scene preservation training for
passenger vessel crewmembers
(a) IN GENERAL.—The Secretary, in consulta-
tion with the Director of the Federal Bureau of
Investigation and the Maritime Administration,
shall maintain training standards and curricula
to allow for the certification of passenger vessel
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(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.
(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.
**(b) Video Recording.—**
(1) **Requirement to maintain surveillance.—**
(A) *In general.—* — 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.
(B) *Placement of video s
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 3507
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.