Statutory Authority

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§ 3507

TITLE 46—SHIPPING

rity, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
NOTIFICATION TO PROSPECTIVE PASSENGERS OF
NONCOMPLIANCE WITH FIRE-RETARDANT STANDARDS
Pub. L. 99–307, § 1(7)(B), May 19, 1986, 100 Stat. 445, provided that: ‘‘Until the regulations required by subclause (A) of this clause [see subsec. (b)(2) of this section] become effective, the owner or managing operator
shall notify prospective passengers in all promotional
literature and on each ticket that the vessel does not
comply with those standards due primarily to the
wooden construction of passenger berthing areas.’’

§ 3504. Notification to passengers
(a) A person selling passage on a foreign or domestic passenger vessel having berth or stateroom accommodations for at least 50 passengers
and embarking passengers at United States
ports for a coastwise or an international voyage
shall notify each prospective passenger of the
safety standards applicable to the vessel in a
manner prescribed by regulation.
(b) All promotional literature or advertising
through any medium of communication in the
United States offering passage or soliciting passengers for ocean voyages anywhere in the world
shall include information similar to the information described in subsection (a) of this section, and shall specify the registry of each vessel
named, as a part of the advertisement or description of the voyage. Except for the inclusion
of the country of registry of the vessel, this subsection does not apply to voyages by vessels
meeting the safety standards described in section 3505 of this title.
(c) A person violating this section or a regulation prescribed under this section is liable to the
United States Government for a civil penalty of
not more than $10,000. If the violation involves
the sale of tickets for passage, the owner, charterer, managing operator, agent, master, individual in charge, or any other person involved in
each violation also is liable to the Government
for a civil penalty of $500 for each ticket sold.
The vessel on which passage is sold also is liable
in rem for a violation of this section or a regulation prescribed under this section.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 519.)
HISTORICAL AND REVISION NOTES
Revised section
3504 ..............................................

Source section (U.S. Code)
46:362(b)

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 passage 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 safety standard statement that must be included is as prescribed 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 standards applicable to a United States flag passenger vessel.

§ 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
States port or place of any passenger
than 100 gross tons having berthing for
sengers, if the vessel does not comply
national maritime safety standards
United States vessels.

from a United
vessel of more
at least 50 paswith the interapplicable to

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 depart 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 accommodations for at least 50 passengers may not depart’’.
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 Waters, 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
3506 ..............................................

Source section (U.S. Code)
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 Secretary at reasonable cost.

§ 3507. Passenger vessel security and safety requirements
(a) VESSEL DESIGN, EQUIPMENT, CONSTRUCTION,
RETROFITTING REQUIREMENTS.—

AND

§ 3507

TITLE 46—SHIPPING

(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.
(3) EFFECTIVE DATE.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), the requirements of paragraph (1) shall take effect 18 months after
the date of enactment of the Cruise Vessel
Security and Safety Act of 2010.
(B) LATCH AND KEY REQUIREMENTS.—The requirements of paragraph (1)(C) take effect on
the date of enactment of the Cruise Vessel
Security and Safety Act of 2010.
(b) VIDEO RECORDING.—
(1) REQUIREMENT TO MAINTAIN SURVEILLANCE.—The owner of a vessel to which this
section applies shall maintain a video surveillance system to assist in documenting crimes
on the vessel and in providing evidence for the
prosecution of such crimes, as determined by
the Secretary.
(2) ACCESS TO VIDEO RECORDS.—The owner of
a vessel to which this section applies shall
provide to any law enforcement official performing official duties in the course and scope
of an investigation, upon request, a copy of all
records of video surveillance that the official
believes may provide evidence of a crime reported to law enforcement officials.
(c) SAFETY INFORMATION.—
(1) CRIMINAL ACTIVITY PREVENTION AND RESPONSE GUIDE.—The owner of a vessel to which
this section applies (or the owner’s designee)
shall—
(A) have available for each passenger a
guide (referred to in this subsection as the
‘‘security guide’’), written in commonly understood English, which—

Page 58

(i) provides a description of medical and
security personnel designated on board to
prevent and respond to criminal and medical situations with 24 hour contact instructions;
(ii) describes the jurisdictional authority
applicable, and the law enforcement processes available, with respect to the reporting of homicide, suspicious death, a missing United States national, kidnapping,
assault with serious bodily injury, any offense to which section 2241, 2242, 2243, or
2244(a) or (c) of title 18 applies, firing or
tampering with the vessel, or theft of
money or property in excess of $10,000, together with contact information for the
appropriate law enforcement authorities
for missing persons or reportable crimes
which arise—
(I) in the territorial waters of the
United States;
(II) on the high seas; or
(III) in any country to be visited on the
voyage;
(B) provide a copy of the security guide to
the Federal Bureau of Investigation for comment; and
(C) publicize the security guide on the
website of the vessel owner.
(2) EMBASSY AND CONSULATE LOCATIONS.—The
owner of a vessel to which this section applies
shall provide in each passenger stateroom, and
post in a location readily accessible to all
crew and in other places specified by the Secretary, information regarding the locations of
the United States embassy and each consulate
of the United States for each country the vessel will visit during the course of the voyage.
(d) SEXUAL ASSAULT.—The owner of a vessel to
which this section applies shall—
(1) maintain on the vessel adequate, in-date
supplies of anti-retroviral medications and
other medications designed to prevent sexually transmitted diseases after a sexual assault;
(2) maintain on the vessel equipment and
materials for performing a medical examination in sexual assault cases to evaluate the patient for trauma, provide medical care, and
preserve relevant medical evidence;
(3) make available on the vessel at all times
medical staff who have undergone a credentialing process to verify that he or she—
(A) possesses a current physician’s or registered nurse’s license and—
(i) has at least 3 years of post-graduate
or 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 antiretroviral medications and other medica-

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TITLE 46—SHIPPING

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 victims of sexual assault;
(4) prepare, provide to the patient, and maintain written documentation of the findings of
such examination that is signed by the patient; and
(5) provide the patient free and immediate
access to—
(A) contact information for local law enforcement, the Federal Bureau of Investigation, the United States Coast Guard, the
nearest United States consulate or embassy,
and the National Sexual Assault Hotline
program or other third party victim advocacy hotline service; and
(B) a private telephone line and Internetaccessible 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 crewmembers have access to
passenger staterooms; and
(B) the periods during which they have
that access; and

§ 3507

(2) ensure that the procedures and restrictions are fully and properly implemented and
periodically reviewed.
(g) LOG BOOK AND REPORTING REQUIREMENTS.—
(1) IN GENERAL.—The owner of a vessel to
which this section applies shall—
(A) record in a log book, either electronically or otherwise, in a centralized location
readily accessible to law enforcement personnel, a report on—
(i) all complaints of crimes described in
paragraph (3)(A)(i),
(ii) all complaints of theft of property
valued in excess of $1,000, and
(iii) all complaints of other crimes,
committed on any voyage that embarks or
disembarks passengers in the United States;
and
(B) make such log book available upon request to any agent of the Federal Bureau of
Investigation, any member of the United
States Coast Guard, and any law enforcement officer performing official duties in the
course and scope of an investigation.
(2) DETAILS REQUIRED.—The information recorded under paragraph (1) shall include, at a
minimum—
(A) the vessel operator;
(B) the name of the cruise line;
(C) the flag under which the vessel was operating at the time the reported incident occurred;
(D) the age and gender of the victim and
the accused assailant;
(E) the nature of the alleged crime or complaint, as applicable, including whether the
alleged perpetrator was a passenger or a
crewmember;
(F) the vessel’s position at the time of the
incident, if known, or the position of the
vessel at the time of the initial report;
(G) the time, date, and method of the initial report and the law enforcement authority to which the initial report was made;
(H) the time and date the incident occurred, if known;
(I) the total number of passengers and the
total number of crew members on the voyage; and
(J) the case number or other identifier provided by the law enforcement authority to
which the initial report was made.
(3) REQUIREMENT TO REPORT
OTHER INFORMATION.—
(A) IN GENERAL.—The owner

CRIMES

AND

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;

§ 3507

TITLE 46—SHIPPING
(ii) shall furnish a written report of the
incident to an Internet based portal maintained by the Secretary;
(iii) may report any serious incident that
does not meet the reporting requirements
of clause (i) and that does not require immediate attention by the Federal Bureau
of Investigation via the Internet based
portal maintained by the Secretary; and
(iv) may report any other criminal incident involving passengers or crewmembers, or both, to the proper State or
local government law enforcement authority.

(B) INCIDENTS TO WHICH SUBPARAGRAPH (A)
APPLIES.—Subparagraph (A) applies to an incident involving criminal activity if—
(i) the vessel, regardless of registry, is
owned, in whole or in part, by a United
States person, regardless of the nationality of the victim or perpetrator, and the
incident occurs when the vessel is within
the admiralty and maritime jurisdiction of
the United States and outside the jurisdiction of any State;
(ii) the incident concerns an offense by
or against a United States national committed outside the jurisdiction of any nation;
(iii) the incident occurs in the Territorial Sea of the United States, regardless
of the nationality of the vessel, the victim,
or the perpetrator; or
(iv) the incident concerns a victim or
perpetrator who is a United States national on a vessel during a voyage that departed from or will arrive at a United
States port.
(4) AVAILABILITY OF INCIDENT DATA VIA INTERNET.—

(A) WEBSITE.—The Secretary shall maintain a statistical compilation of all incidents described in paragraph (3)(A)(i) on an
Internet site that provides a numerical accounting of the missing persons and alleged
crimes recorded in each report filed under
paragraph (3)(A)(i) that are no longer under
investigation by the Federal Bureau of Investigation. The data shall be updated no
less frequently than quarterly, aggregated
by cruise line, each cruise line shall be identified by name, and each crime shall be identified as to whether it was committed by a
passenger or a crew member.
(B) ACCESS TO WEBSITE.—Each cruise line
taking on or discharging passengers in the
United States shall include a link on its
Internet website to the website maintained
by the Secretary under subparagraph (A).
(h) ENFORCEMENT.—
(1) PENALTIES.—
(A) CIVIL PENALTY.—Any person that violates this section or a regulation under this
section shall be liable for a civil penalty of
not more than $25,000 for each day during
which the violation continues, except that
the maximum penalty for a continuing violation is $50,000.
(B) CRIMINAL PENALTY.—Any person that
willfully violates this section or a regulation

Page 60

under this section shall be fined not more
than $250,000 or imprisoned not more than 1
year, or both.
(2) DENIAL OF ENTRY.—The Secretary may
deny entry into the United States to a vessel
to which this section applies if the owner of
the vessel—
(A) commits an act or omission for which
a penalty may be imposed under this subsection; or
(B) fails to pay a penalty imposed on the
owner under this subsection.
(i) PROCEDURES.—Within 6 months after the
date of enactment of the Cruise Vessel Security
and Safety Act of 2010, the Secretary shall issue
guidelines, training curricula, and inspection
and certification procedures necessary to carry
out the requirements of this section.
(j) REGULATIONS.—The Secretary and the Commandant shall each issue such regulations as are
necessary to implement this section.
(k) APPLICATION.—
(1) IN GENERAL.—This section and section
3508 apply to a passenger vessel (as defined in
section 2101(22)) that—
(A) is authorized to carry at least 250 passengers;
(B) has onboard sleeping facilities for each
passenger;
(C) is on a voyage that embarks or disembarks passengers in the United States;
and
(D) is not engaged on a coastwise voyage.
(2) FEDERAL AND STATE VESSELS.—This section and section 3508 do not apply to a vessel
of the United States operated by the Federal
Government or a vessel owned and operated by
a State.
(l) DEFINITIONS.—In this section and section
3508:
(1) COMMANDANT.—The term ‘‘Commandant’’
means the Commandant of the Coast Guard.
(2) OWNER.—The term ‘‘owner’’ means the
owner, charterer, managing operator, master,
or other individual in charge of a vessel.
(Added Pub. L. 111–207, § 3(a), July 27, 2010, 124
Stat. 2244.)
REFERENCES IN TEXT
The date of enactment of the Cruise Vessel Security
and Safety Act of 2010, referred to in subsecs. (a)(1)(C),
(3) and (i), is the date of enactment of Pub. L. 111–207,
which was approved July 27, 2010.
FINDINGS
Pub. L. 111–207, § 2, July 27, 2010, 124 Stat. 2243, provided that: ‘‘The Congress makes the following findings:
‘‘(1) There are approximately 200 overnight oceangoing cruise vessels worldwide. The average oceangoing 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.

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TITLE 46—SHIPPING

‘‘(4) Sexual violence, the disappearance of passengers from vessels on the high seas, and other serious crimes have occurred during luxury cruises.
‘‘(5) Over the last 5 years, sexual assault and physical assaults on cruise vessels were the leading
crimes investigated by the Federal Bureau of Investigation with regard to cruise vessel incidents.
‘‘(6) These crimes at sea can involve attacks both
by passengers and crewmembers on other passengers
and crewmembers.
‘‘(7) Except for United States flagged vessels, or foreign flagged vessels operating in an area subject to
the direct jurisdiction of the United States, there are
no Federal statutes or regulations that explicitly require cruise lines to report alleged crimes to United
States Government officials.
‘‘(8) It is not known precisely how often crimes
occur on cruise vessels or exactly how many people
have disappeared during ocean voyages because
cruise line companies do not make comprehensive,
crime-related data readily available to the public.
‘‘(9) Obtaining reliable crime-related cruise data
from governmental sources can be difficult, because
multiple countries may be involved when a crime occurs on the high seas, including the flag country for
the vessel, the country of citizenship of particular
passengers, and any countries having special or maritime jurisdiction.
‘‘(10) It can be difficult for professional crime investigators to immediately secure an alleged crime
scene on a cruise vessel, recover evidence of an onboard offense, and identify or interview potential witnesses to the alleged crime.
‘‘(11) Most cruise vessels that operate into and out
of United States ports are registered under the laws
of another country, and investigations and prosecutions of crimes against passengers and crewmembers
may involve the laws and authorities of multiple nations.
‘‘(12) The Department of Homeland Security has
found it necessary to establish 500-yard security
zones around cruise vessels to limit the risk of terrorist attack. Recently piracy has dramatically increased throughout the world.
‘‘(13) To enhance the safety of cruise passengers,
the owners of cruise vessels could upgrade, modernize, and retrofit the safety and security infrastructure on such vessels by installing peep holes in passenger room doors, installing security video cameras
in targeted areas, limiting access to passenger rooms
to select staff during specific times, and installing
acoustic hailing and warning devices capable of communicating over distances.’’

§ 3508. Crime scene preservation training for
passenger vessel crewmembers
(a) IN GENERAL.—Within 1 year after the date
of enactment of the Cruise Vessel Security and
Safety Act of 2010, the Secretary, in consultation with the Director of the Federal Bureau of
Investigation and the Maritime Administration,
shall develop training standards and curricula
to allow for the certification of passenger vessel
security personnel, crewmembers, and law enforcement officials on the appropriate methods
for prevention, detection, evidence preservation,
and reporting of criminal activities in the international maritime environment. The Administrator of the Maritime Administration may certify organizations in the United States and
abroad that offer the curriculum for training
and certification under subsection (c).
(b) MINIMUM STANDARDS.—The standards established by the Secretary under subsection (a)
shall include—
(1) the training and certification of vessel security personnel, crewmembers, and law en-

forcement officials in accordance with accepted law enforcement and security guidelines,
policies, and procedures, including recommendations for incorporating a background
check process for personnel trained and certified in foreign ports;
(2) the training of students and instructors
in all aspects of prevention, detection, evidence preservation, and reporting of criminal
activities in the international maritime environment; and
(3) the provision or recognition of off-site
training and certification courses in the
United States and foreign countries to develop
and provide the required training and certification described in subsection (a) and to enhance security awareness and security practices related to the preservation of evidence in
response to crimes on board passenger vessels.
(c) CERTIFICATION REQUIREMENT.—Beginning 2
years after the standards are established under
subsection (b), no vessel to which this section
applies may enter a United States port on a voyage (or voyage segment) on which a United
States citizen is a passenger unless there is at
least 1 crewmember onboard who is certified as
having successfully completed training in the
prevention, detection, evidence preservation,
and reporting of criminal activities in the international maritime environment on passenger
vessels under subsection (a).
(d) INTERIM TRAINING REQUIREMENT.—No vessel
to which this section applies may enter a United
States port on a voyage (or voyage segment) on
which a United States citizen is a passenger unless there is at least 1 crewmember onboard who
has been properly trained in the prevention detection, evidence preservation and the reporting
requirements of criminal activities in the international maritime environment. The owner of a
such a vessel shall maintain certification or
other documentation, as prescribed by the Secretary, verifying the training of such individual
and provide such documentation upon request
for inspection in connection with enforcement of
the provisions of this section. This subsection
shall take effect 1 year after the date of enactment of the Cruise Vessel Safety and Security
Act of 2010 and shall remain in effect until superseded by the requirements of subsection (c).
(e) CIVIL PENALTY.—Any person that violates
this section or a regulation under this section
shall be liable for a civil penalty of not more
than $50,000.
(f) DENIAL OF ENTRY.—The Secretary may
deny entry into the United States to a vessel to
which this section applies if the owner of the
vessel—
(1) commits an act or omission for which a
penalty may be imposed under subsection (e);
or
(2) fails to pay a penalty imposed on the
owner under subsection (e).
(Added Pub. L. 111–207, § 3(a), July 27, 2010, 124
Stat. 2250.)
REFERENCES IN TEXT
The date of enactment of the Cruise Vessel Security
and Safety Act of 2010, referred to in subsecs. (a) and
(d), is the date of enactment of Pub. L. 111–207, which
was approved July 27, 2010.