§ 3508. Crime scene preservation training for passenger vessel crewmembers

Statutory text

In General.—

The Secretary, in consultation 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 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).

Minimum Standards.—

The standards established by the Secretary under subsection (a) shall include—

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;

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

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.

Certification 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 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).

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.

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—

commits an act or omission for which a penalty may be imposed under subsection (d); or

fails to pay a penalty imposed on the owner under subsection (d).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2010
Cruise Vessel Security and Safety Act of 2010
Pub. L. 111–207 § 3(a) · 124 Stat. 2243
Enacted · 46 U.S.C. § 3508
Added Pub. L. 111–207, § 3(a), July 27, 2010, 124 Stat. 2250
Source evidence
Code source credit
Added Pub. L. 111–207, § 3(a), July 27, 2010, 124 Stat. 2250
Enacted provision · exact public law section
(a) In General.— Chapter 35 of title 46, United States Code, is amended by adding at the end the following: “§ 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. “(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— “(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;
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 3543(b)(1) · 132 Stat. 1636
1. Substituted · 46 U.S.C. § 3508(a)
  Pub. L. 115–232, § 3543(b)(1), substituted “The Secretary” for “Within 1 year after the date of enactment of the Cruise Vessel Security and Safety Act of 2010, the Secretary”
2. Substituted · 46 U.S.C. § 3508(a)
  Pub. L. 115–232, § 3543(b)(1), substituted “maintain” for “develop”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 115–232, § 3543(b)(1), substituted “The Secretary” for “Within 1 year after the date of enactment of the Cruise Vessel Security and Safety Act of 2010, the Secretary” and “maintain” for “develop”.
Enacted provision · exact public law section
(1) in subsection (a), by striking “Within 1 year after the date of enactment of the Cruise Vessel Security and Safety Act of 2010, the” and inserting “The”, and by striking “develop” and inserting “maintain”;
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 3543(b)(2) · 132 Stat. 1636
Substituted · 46 U.S.C. § 3508(c)
Pub. L. 115–232, § 3543(b)(2), substituted “No” for “Beginning 2 years after the standards are established under subsection (b), no”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 115–232, § 3543(b)(2), substituted “No” for “Beginning 2 years after the standards are established under subsection (b), no”.
Enacted provision · exact public law section
(2) in subsection (c), by striking “Beginning 2 years after the standards are established under subsection (b), no” and inserting “No”;
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 3543(b)(3) · 132 Stat. 1636
1. Redesignated · 46 U.S.C. § 3508(d)
  Pub. L. 115–232, § 3543(b)(3), redesignated subsec. (e) as (d)
2. Struck · 46 U.S.C. § 3508(d)
  Pub. L. 115–232, § 3543(b)(3), struck out former subsec. (d) which related to interim training requirement
Source evidence
Code amendment note
Subsec. (d). Pub. L. 115–232, § 3543(b)(3), redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to interim training requirement.
Enacted provision · exact public law section
(3) by striking subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively; and
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 3543(b)(3) · 132 Stat. 1636
1. Redesignated · 46 U.S.C. § 3508(e)
  Pub. L. 115–232, § 3543(b)(3), (4), redesignated subsec. (f) as (e)
2. Redesignated · 46 U.S.C. § 3508(e)
  Pub. L. 115–232, § 3543(b)(3), (4), substituted “subsection (d)” for “subsection (e)” in pars. (1) and (2). Former subsec. (e) redesignated (d)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 115–232, § 3543(b)(3), (4), redesignated subsec. (f) as (e) and substituted “subsection (d)” for “subsection (e)” in pars. (1) and (2). Former subsec. (e) redesignated (d).
Enacted provision · exact public law section
(3) by striking subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively; and
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 3543(b)(3) · 132 Stat. 1636
Redesignated · 46 U.S.C. § 3508(f)
Pub. L. 115–232, § 3543(b)(3), redesignated subsec. (f) as (e)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 115–232, § 3543(b)(3), redesignated subsec. (f) as (e).
Enacted provision · exact public law section
(3) by striking subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively; and

9 of 9 references resolved to an enrolled provision

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–232, § 3543(b)(1), substituted “The Secretary” for “Within 1 year after the date of enactment of the Cruise Vessel Security and Safety Act of 2010, the Secretary” and “maintain” for “develop”.

Subsec. (c). Pub. L. 115–232, § 3543(b)(2), substituted “No” for “Beginning 2 years after the standards are established under subsection (b), no”.

Subsec. (d). Pub. L. 115–232, § 3543(b)(3), redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to interim training requirement.

Subsec. (e). Pub. L. 115–232, § 3543(b)(3), (4), redesignated subsec. (f) as (e) and substituted “subsection (d)” for “subsection (e)” in pars. (1) and (2). Former subsec. (e) redesignated (d).

Subsec. (f). Pub. L. 115–232, § 3543(b)(3), redesignated subsec. (f) as (e).

Statutory Notes and Related Subsidiaries

Exemptions for Certain Passenger Vessels

Pub. L. 117–263, div. K, title CXV, § 11510, Dec. 23, 2022, 136 Stat. 4137, provided that:

“Notwithstanding any other provision of law, requirements authorized under sections 3508 and 3509 of title 46, United States Code, shall not apply to any passenger vessel, as defined in section 2101 of such title—
“(1)
that carries in excess of 250 passengers;
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“(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
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“(3)
the operators or charterers of which operated any documented vessels with a coastwise endorsement prior to January 1, 2024.”
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Definitions

For definition of “owner” as used in this section, see section 3507(l) of this title.

Credits

2010–2018 · 2 acts

2010Added Pub. L. 111–207, § 3(a), July 27, 2010, 124 Stat. 2250
2018amended Pub. L. 115–232, div. C, title XXXV, § 3543(b), Aug. 13, 2018, 132 Stat. 2324.

Show as published

(Added Pub. L. 111–207, § 3(a), July 27, 2010, 124 Stat. 2250; amended Pub. L. 115–232, div. C, title XXXV, § 3543(b), Aug. 13, 2018, 132 Stat. 2324.)