§ 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.

§ 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.

§ 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 section 3504(c) of this title shall apply to a violation of this subsection.
• (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).

§ 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.

§ 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.

§ 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.

§ 3507. Passenger vessel security and safety requirements

• (a)
  • (1) 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) 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)
  • (1) 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) 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)
  • (1) 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;
      • (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) 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) 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 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) 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 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) 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
  • (2) ensure that the procedures and restrictions are fully and properly implemented and periodically reviewed.
• (g)
  • (1) 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,
    • (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) 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)
    • (A) The owner 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;
      • (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) 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)
    • (A)
      • (i) The Secretary of Transportation shall maintain a statistical compilation 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 alleged crimes reported under that paragraph without regard to the investigative status of the incident.
      • (ii) 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 reporting period.
      • (iii) The Secretary of Transportation shall ensure that the compilation, data, and any other information 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 technology to transfer and establish the website, and shall not independently develop software, or acquire new hardware in operating the site.
    • (B) 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)
  • (1)
    • (A) 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) 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) 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) The Secretary shall maintain guidelines, training curricula, and inspection and certification procedures necessary to carry out the requirements of this section.
• (j) The Secretary and the Commandant shall each issue such regulations as are necessary to implement this section.
• (k)
  • (1) This section and section 3508 apply to a passenger vessel (as defined in section 2101(31)) 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) 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) In this section and section 3508, the term “owner” means the owner, charterer, managing operator, master, or other individual in charge of a vessel.

§ 3508. Crime scene preservation training for passenger vessel crewmembers

• (a) 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).
• (b) The standards established by the Secretary under subsection (a) shall include—
  • (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) 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) 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.
• (e) 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 (d); or
  • (2) fails to pay a penalty imposed on the owner under subsection (d).