CHAPTER 35 —CARRIAGE OF PASSENGERS
Historical and Revision Notes
Editorial Notes
Amendments
2021—
2016—
2010—
§3501. Number of passengers
(a) Each certificate of inspection issued to a vessel carrying passengers (except a ferry) shall include a statement on the number of passengers that the vessel is permitted to carry.
(b) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel is liable to a person suing them for carrying more passengers than the number of passengers permitted by the certificate of inspection in an amount equal to—
(1) passage money; and
(2) $100 for each passenger in excess of the number of passengers permitted.
(c) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel that knowingly carries more passengers than the number of passengers permitted by the certificate of inspection also shall be fined not more than $100, imprisoned for not more than 30 days, or both.
(d) The vessel also is liable in rem for a penalty under this section.
(e) An offshore supply vessel may not carry passengers except in an emergency.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3501 | 46:404–1 46:451 46:452 46:462 |
Section 3501 requires that a vessel carrying passengers, including a passenger vessel as well as a small passenger vessel (except a ferry), shall have on the certificate of inspection a statement as to the number of passengers the vessel is permitted to carry. It also provides penalties for carrying passengers in excess of the number permitted.
Editorial Notes
Amendments
1985—Subsec. (a).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date
Chapter effective Apr. 15, 1984, see section 2(g)(1) of
§3502. List or count of passengers
(a) The owner, charterer, managing operator, master, or individual in charge of the following categories of vessels carrying passengers shall keep a correct list of passengers received and delivered from day to day:
(1) vessels arriving from foreign ports (except at United States Great Lakes ports from Canadian Great Lakes ports).
(2) seagoing vessels in the coastwise trade.
(3) passenger vessels making voyages of more than 300 miles on the Great Lakes except from a Canadian to a United States port.
(b) The master of a vessel carrying passengers (except a vessel listed in subsection (a) of this section) shall keep a correct count of all passengers received and delivered.
(c) Lists and counts required under this section shall be open to the inspection of designated officials of the Coast Guard and the Customs Service at all times. The total number of passengers shall be provided to the Coast Guard when requested.
(d) This section applies to a foreign vessel arriving at a United States port.
(e) The owner, charterer, managing operator, master, or individual in charge of a passenger vessel failing to make a list or count of passengers as required by this section is liable to the United States Government for a civil penalty of $100. The vessel also is liable in rem for the penalty.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3502 | 46:460 46:460a 46:461 46:462 |
Section 3502 is related to section 3501 and requires the listing or counting of passengers on certain vessels. This requirement applies to large as well as small passenger vessels when operating on the types of voyages enumerated. This section also applies to a foreign vessel arriving at a port or place in the United States.
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see
§3503. Fire-retardant materials
(a)(1) A passenger vessel of the United States having berth or stateroom accommodations for at least 50 passengers shall be granted a certificate of inspection only if—
(A) the vessel is constructed of fire-retardant materials; and
(B) the vessel—
(i) is operating engines, boilers, main electrical distribution panels, fuel tanks, oil tanks, and generators that meet current Coast Guard regulations; and
(ii) is operating boilers and main electrical generators that are contained within noncombustible enclosures equipped with fire suppression systems.
(2) Before December 1, 2028, this subsection does not apply to any vessel in operation before January 1, 1968, and operating only within the Boundary Line.
(b)(1) The owner or managing operator of an exempted vessel described in subsection (a)(2) shall—
(A) notify in writing prospective passengers, prior to purchase, and each crew member that the vessel does not comply with applicable fire safety standards due primarily to the wooden construction of passenger berthing areas;
(B) display in clearly legible font prominently throughout the vessel, including in each state room the following: "THIS VESSEL FAILS TO COMPLY WITH SAFETY RULES AND REGULATIONS OF THE U.S. COAST GUARD.";
(C) acquire prior to the vessel entering service, and maintain, liability insurance in an amount to be prescribed by the Federal Maritime Commission;
(D) make annual structural alteration to not less than 10 percent of the areas of the vessel that are not constructed of fire retardant materials;
(E) prioritize alterations in galleys, engineering areas of the vessel, including all spaces and compartments containing, or adjacent to spaces and compartments containing, engines, boilers, main electrical distribution panels, fuel tanks, oil tanks, and generators;
(F) ensure, to the satisfaction of the Secretary, that the combustible fire-load has been reduced pursuant to subparagraph (D) during each annual inspection for certification;
(G) ensure the vessel has multiple forms of egress off the vessel's bow and stern;
(H) provide advance notice to the Coast Guard regarding the structural alterations made pursuant to subparagraph (D) and comply with any noncombustible material requirements prescribed by the Coast Guard;
(I) annually notify all ports of call and State emergency management offices of jurisdiction that the vessel does not comply with the requirement under subsection (a)(1);
(J) provide crewmembers manning such vessel shipboard training that—
(i) is specialized for exempted vessels;
(ii) exceeds requirements related to standards for firefighting training under chapter I of title 46, Code of Federal Regulations, as in effect on October 1, 2017; and
(iii) is approved by the Coast Guard; and
(K) to the extent practicable, take all steps to retain previously trained crew knowledgeable of such vessel or to hire crew trained in operations aboard exempted vessels.
(2) The owner or managing operator of an exempted vessel described in subsection (a)(2) may not disclaim liability to a passenger or crew member of such vessel for death, injury, or any other loss caused by fire due to the negligence of the owner or managing operator.
(3) The Secretary shall—
(A) conduct an annual audit and inspection of each exempted vessel described in subsection (a)(2);
(B) in implementing subparagraph (b)(1)(F), consider, to the extent practicable, the goal of preservation of the historic integrity of such vessel in areas carrying or accessible to passengers or generally visible to the public; and
(C) prescribe regulations to carry out this section, including to prescribe the manner in which prospective passengers are to be notified under paragraph (1)(A).
(4) The penalties provided in
(c) In addition to otherwise applicable penalties, the Secretary may immediately withdraw a certificate of inspection for an exempted vessel described in subsection (a)(2) that does not comply with any requirement under subsection (b).
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3503 | 46:369(b) |
Section 3503 requires the use of fire retardant materials on a vessel having berthing facilities for at least 50 passengers. This requirement in the case of vessels engaged in foreign trade is consistent with our international treaty obligations, which impose extensive and additional fire safety standards. A waiver that grandfathers existing inland river passenger vessels is also included.
Editorial Notes
Amendments
2018—
"(a) A passenger vessel of the United States having berth or stateroom accommodations for at least 50 passengers shall be granted a certificate of inspection only if the vessel is constructed of fire-retardant materials. Before November 1, 2008, this section does not apply to any vessel in operation before January 1, 1968, and operating only within the Boundary Line.
"(b)(1) When a vessel is exempted from the fire-retardant standards of this section—
"(A) the owner or managing operator of the vessel shall notify prospective passengers that the vessel does not comply with applicable fire safety standards due primarily to the wooden construction of passenger berthing areas;
"(B) the owner or managing operator of the vessel may not disclaim liability to a passenger for death, injury, or any other loss caused by fire due to the negligence of the owner or managing operator;
"(C) the penalties provided in
"(D) the owner or managing operator of the vessel shall notify the Coast Guard of structural alterations to the vessel, and with regard to those alterations comply with any noncombustible material requirements that the Coast Guard prescribes for nonpublic spaces. Coast Guard requirements shall be consistent with preservation of the historic integrity of the vessel in areas carrying or accessible to passengers or generally visible to the public.
"(2) The Secretary shall prescribe regulations under this subsection on the manner in which prospective passengers are to be notified."
1996—Subsec. (a).
1991—Subsec. (a).
Subsec. (b)(1)(D).
1986—
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
Notification to Prospective Passengers of Noncompliance With Fire-Retardant Standards
§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
(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.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3504 | 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
(
| 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 passengers, if the vessel does not comply with the international maritime safety standards applicable to United States vessels.
Editorial Notes
Amendments
2004—
1992—
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
§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.
(
| 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 Secretary at reasonable cost.
§3507. Passenger vessel security and safety requirements
(a)
(1)
(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)
(b)
(1)
(A)
(B)
(i)
(ii)
(I) evaluate the placement of video surveillance equipment to deter, prevent, and record a sexual assault aboard the vessel considering factors such as: ship layout and design, itinerary, crew complement, number of passengers, passenger demographics, and historical data on the type and location of prior sexual assault incident allegations;
(II) incorporate to the maximum extent practicable the video surveillance guidance established by the Commandant regarding the appropriate placement of video surveillance equipment;
(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 behavior; and
(IV) the independent third party referred to in paragraph (C) shall be a company that has been accepted by a classification society that is a member of the International Association of Classification Societies (hereinafter referred to as "IACS") or another classification society recognized by the Secretary as meeting acceptable standards for such a society pursuant to section 3316(b).
(C)
(D)
(E)
(i) an IACS classification society that the video surveillance equipment is installed in accordance with the surveillance plan required under subparagraph (C); and
(ii) the company security officer that the surveillance equipment and associated systems are operational, which attestation shall be obtained each year thereafter.
(F)
(G)
(i) upon request, and
(ii) at the time of the certificate of compliance or certificate of inspection examination.
(H)
(2)
(3)
(A)
(B)
(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)
(4)
(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 alleged incident.
(c)
(1)
(A) have available for each passenger a guide (referred to in this subsection as the "security guide"), written in commonly understood English, which—
(i) provides a description of medical and security personnel designated on board to prevent and respond to criminal and medical situations with 24 hour contact instructions;
(ii) describes the jurisdictional authority applicable, and the law enforcement processes available, with respect to the reporting of homicide, suspicious death, a missing United States national, kidnapping, assault with serious bodily injury, any offense to which section 2241, 2242, 2243, or 2244(a) or (c) of title 18 applies, firing or tampering with the vessel, or theft of money or property in excess of $10,000, together with contact information for the appropriate law enforcement authorities for missing persons or reportable crimes which arise—
(I) in the territorial waters of the United States;
(II) on the high seas; or
(III) in any country to be visited on the voyage;
(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)
(d)
(1) maintain on the vessel adequate, in-date supplies of anti-retroviral medications and other medications designed to prevent sexually transmitted diseases after a sexual assault;
(2) maintain on the vessel equipment and materials for performing a medical examination in sexual assault cases to evaluate the patient for trauma, provide medical care, and preserve relevant medical evidence;
(3) make available on the vessel at all times medical staff who have undergone a credentialing process to verify that he or she—
(A) possesses a current physician's or registered nurse's license and—
(i) has at least 3 years of post-graduate or post-registration clinical practice in general and emergency medicine; or
(ii) holds board certification in emergency medicine, family practice medicine, or internal medicine;
(B) is able to provide assistance in the event of an alleged sexual assault, has received training in conducting forensic sexual assault examination, and is able to promptly perform such an examination upon request and provide proper medical treatment of a victim, including administration of anti-retroviral medications and other medications that may prevent the transmission of human immunodeficiency virus and other sexually transmitted diseases; and
(C) meets guidelines established by the American College of Emergency Physicians relating to the treatment and care of victims of sexual assault;
(4) prepare, provide to the patient, and maintain written documentation of the findings of such examination that is signed by the patient; and
(5) provide the patient free and immediate access to—
(A) contact information for local law enforcement, the Federal Bureau of Investigation, the United States Coast Guard, the nearest United States consulate or embassy, and the National Sexual Assault Hotline program or other third party victim advocacy hotline service; and
(B) a private telephone line and Internet-accessible computer terminal by which the individual may confidentially access law enforcement officials, an attorney, and the information and support services available through the National Sexual Assault Hotline program or other third party victim advocacy hotline service.
(e)
(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 as 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)
(1) establish and implement procedures and restrictions concerning—
(A) which crewmembers have access to passenger staterooms; and
(B) the periods during which they have that access; and
(2) ensure that the procedures and restrictions are fully and properly implemented and periodically reviewed.
(g)
(1)
(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)
(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)
(A)
(i) shall contact the nearest Federal Bureau of Investigation Field Office or Legal Attache by telephone as soon as possible after the occurrence on board the vessel of an incident involving homicide, suspicious death, a missing United States national, kidnapping, assault with serious bodily injury, any offense to which section 2241, 2242, 2243, or 2244(a) or (c) of title 18 applies, firing or tampering with the vessel, or theft of money or property in excess of $10,000 to report the incident;
(ii) shall furnish a written report of each incident specified in clause (i) to the Internet 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 immediate attention by the Federal Bureau of Investigation via the Internet website maintained by the Secretary of Transportation under paragraph (4)(A); 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)
(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)
(A)
(i)
(ii)
(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 reporting period.
(iii)
(B)
(h)
(1)
(A)
(B)
(2)
(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)
(j)
(k)
(1)
(A) is authorized to carry 250 or more passengers;
(B) has overnight accommodations for 250 or more passengers; and
(C) is on a voyage that embarks or disembarks passengers in the United States.
(2)
(l)
(Added
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
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
Amendments
2022—Subsec. (k)(1)(A).
Subsec. (k)(1)(B).
2021—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (k)(1)(D).
2018—Subsec. (a)(3).
Subsec. (e)(2).
Subsec. (i).
Subsec. (k)(1).
Subsec. (l).
2014—Subsec. (g)(3)(A)(ii).
Subsec. (g)(3)(A)(iii).
Subsec. (g)(4)(A).
Subsec. (g)(4)(B).
Statutory Notes and Related Subsidiaries
Administrative Provisions
"(A)
"(B)
"(C)
"(D)
"(i) consider factors that would aid in the investigation of serious crimes, including the results of the report by the Commandant provided under subparagraph (A), as well as crimes that go unreported until after the completion of a voyage;
"(ii) consider the different types of video surveillance systems and storage requirements in creating standards both for vessels currently in operation and for vessels newly built;
"(iii) consider privacy, including standards for permissible access to and monitoring and use of the records of video surveillance; and
"(iv) consider technological advancements, including requirements to update technology."
Findings
"(1) There are approximately 200 overnight ocean-going cruise vessels worldwide. The average ocean-going cruise vessel carries 2,000 passengers with a crew of 950 people.
"(2) In 2007 alone, approximately 12,000,000 passengers were projected to take a cruise worldwide.
"(3) Passengers on cruise vessels have an inadequate appreciation of their potential vulnerability to crime while on ocean voyages, and those who may be victimized lack the information they need to understand their legal rights or to know whom to contact for help in the immediate aftermath of the crime.
"(4) Sexual violence, the disappearance of passengers from vessels on the high seas, and other serious crimes have occurred during luxury cruises.
"(5) Over the last 5 years, sexual assault and physical assaults on cruise vessels were the leading crimes investigated by the Federal Bureau of Investigation with regard to cruise vessel incidents.
"(6) These crimes at sea can involve attacks both by passengers and crewmembers on other passengers and crewmembers.
"(7) Except for United States flagged vessels, or foreign flagged vessels operating in an area subject to the direct jurisdiction of the United States, there are no Federal statutes or regulations that explicitly require cruise lines to report alleged crimes to United States Government officials.
"(8) It is not known precisely how often crimes occur on cruise vessels or exactly how many people have disappeared 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)
(b)
(1) the training and certification of vessel security personnel, crewmembers, and law enforcement officials in accordance with accepted law enforcement and security guidelines, policies, and procedures, including recommendations for incorporating a background check process for personnel trained and certified in foreign ports;
(2) the training of students and instructors in all aspects of prevention, detection, evidence preservation, and reporting of criminal activities in the international maritime environment; and
(3) the provision or recognition of off-site training and certification courses in the United States and foreign countries to develop and provide the required training and certification described in subsection (a) and to enhance security awareness and security practices related to the preservation of evidence in response to crimes on board passenger vessels.
(c)
(d)
(e)
(1) commits an act or omission for which a penalty may be imposed under subsection (d); or
(2) fails to pay a penalty imposed on the owner under subsection (d).
(Added
Editorial Notes
Amendments
2018—Subsec. (a).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Exemptions for Certain Passenger Vessels
"(1) that carries in excess of 250 passengers;
"(2) that is, or was, in operation exclusively within the inland rivers and internal waters of the United States on voyages inside the Boundary Line, as defined in section 103 of such title, on or before July 27, 2030; and
"(3) the operators or charterers of which operated any documented vessels with a coastwise endorsement prior to January 1, 2024."
Definitions
For definition of "owner" as used in this section, see
§3509. Medical standards
The owner of a vessel to which section 3507 applies shall ensure that—
(1) a physician is always present and available to treat any passengers who may be on board the vessel in the event of an emergency situation;
(2) the vessel is in compliance with the Health Care Guidelines for Cruise Ship Medical Facilities established by the American College of Emergency Physicians; and
(3) the initial safety briefing given to the passengers on board the vessel includes—
(A) the location of the vessel's medical facilities; and
(B) the appropriate steps passengers should follow during a medical emergency.
(Added
Statutory Notes and Related Subsidiaries
Exemptions for Certain Passenger Vessels
For provisions exempting certain passenger vessels from the requirements authorized under this section, see section 11510 of
§3510. Additional medical and safety standards
(a)
(1) require that the owner of a vessel to which section 3507 applies install, and maintain in working order, automated external defibrillators on such vessel;
(2) require that such defibrillators be placed throughout such vessel in clearly designated locations;
(3) require that such defibrillators are available for passenger and crew access in the event of an emergency; and
(4) require that automated external defibrillators, or adjacent equipment, allow passengers and crew to easily contact medical staff of the vessel.
(b)
(Added
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (a), is the date of enactment of