46 U.S.C. § 3508

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 3508 - Crime scene preservation training for passenger vessel crewmembers

(a) 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).

(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 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) 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).

(d) 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.

(e) 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 (d); or

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

46 U.S.C. § 3508

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.

EDITORIAL NOTES

AMENDMENTS2018-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 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;"(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."

DEFINITIONSFor definition of "owner" as used in this section, see section 3507(l) of this title.