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46 U.S.C. § 3507 — Passenger vessel security and safety re-

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46 U.S.C. § 3507 — Passenger vessel security and safety re-

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

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 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. (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

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