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 Pub. L. 111–207, which was approved July 27, 2010.

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 Pub. L. 116–283, which was approved Jan. 1, 2021.

Amendments

2022—Subsec. (k)(1)(A). Pub. L. 117–263, § 11802(1), substituted “250 or more” for “at least 250”.

Subsec. (k)(1)(B). Pub. L. 117–263, § 11802(2), added subpar. (B) and struck out former subpar. (B). Prior to amendment, subpar. (B) read as follows: “has onboard sleeping facilities for each passenger; and”.

2021—Subsec. (b)(1). Pub. L. 116–283, § 8440(a), designated existing provisions as subpar. (A), inserted heading, struck out “, as determined by the Secretary” before the period, and added subpars. (B) to (H).

Subsec. (b)(2). Pub. L. 116–283, § 8440(b)(2), added par. (2). Former par. (2) redesignated (3).

Subsec. (b)(3). Pub. L. 116–283, § 8440(b)(1), (3), redesignated par. (2) as (3), designated existing provisions as subpar. (A), inserted heading, and added subpars. (B) and (C).

Subsec. (b)(4). Pub. L. 116–283, § 8440(c)(1), added par. (4).

Subsec. (k)(1)(D). Pub. L. 116–283, § 8311, struck out subpar. (D) which read as follows: “is not engaged on a coastwise voyage.”

2018—Subsec. (a)(3). Pub. L. 115–232, § 3543(a)(1), struck out par. (3) which related to effective date of par. (1) requirements.

Subsec. (e)(2). Pub. L. 115–232, § 3543(a)(2), substituted “services as confidential” for “services confidential”.

Subsec. (i). Pub. L. 115–232, § 3543(a)(3), substituted “The Secretary shall maintain” for “Within 6 months after the date of enactment of the Cruise Vessel Security and Safety Act of 2010, the Secretary shall issue”.

Subsec. (k)(1). Pub. L. 115–232, § 3541(b)(9)(A), substituted “section 2101(31)” for “section 2101(22)” in introductory provisions.

Subsec. (l). Pub. L. 115–232, § 3541(b)(9)(B), added subsec. (l) and struck out former subsec. (l) which defined “Commandant” and “owner”.

2014—Subsec. (g)(3)(A)(ii). Pub. L. 113–281, § 321(a)(1), substituted “each incident specified in clause (i) to the Internet website maintained by the Secretary of Transportation under paragraph (4)(A)” for “the incident to an Internet based portal maintained by the Secretary”.

Subsec. (g)(3)(A)(iii). Pub. L. 113–281, § 321(a)(2), substituted “Internet website maintained by the Secretary of Transportation under paragraph (4)(A)” for “Internet based portal maintained by the Secretary”.

Subsec. (g)(4)(A). Pub. L. 113–281, § 321(b)(1), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “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.”

Subsec. (g)(4)(B). Pub. L. 113–281, § 321(b)(2), substituted “Secretary of Transportation” for “Secretary”.

Statutory Notes and Related Subsidiaries
Administrative Provisions

Pub. L. 116–283, div. G, title LVXXXIV [LXXXIV], § 8440(c)(2), Jan. 1, 2021, 134 Stat. 4742, provided that:

“(A)
Study and report.—
Each owner of a vessel to which section 3507 of title 46, United States Code, applies shall, not later than March 1, 2023, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing the total number of voyages for the preceding year and the percentage of those voyages that were 30 days or longer.
“(B)
Interim standards.—
Not later than 180 days after the date of enactment of this Act [Jan. 1, 2021], the Commandant [of the Coast Guard], in consultation with the Federal Bureau of Investigation, shall promulgate interim standards for the retention of records of video surveillance.
“(C)
Final standards.—
Not later than 1 year after the date of enactment of this Act, the Commandant, in consultation with the Federal Bureau of Investigation, shall promulgate final standards for the retention of records of video surveillance.
“(D)
Considerations.—
In promulgating standards under subparagraphs (B) and (B) [probably should be ‘(C)’], the Commandant shall—
“(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

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 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.”