[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3124 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 3124
To improve passenger vessel security and safety, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 19, 2019
Mr. Blumenthal (for himself and Mr. Markey) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To improve passenger vessel security and safety, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Cruise Passenger
Protection Act of 2019''.
(b) References to Title 46, United States Code.--Except as
otherwise expressly provided, wherever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of title 46, United States Code.
SEC. 2. CRUISE VESSEL SUBCHAPTER.
Chapter 35 is amended--
(1) by inserting before section 3501 the following:
``Subchapter I--General Provisions'';
(2) by inserting before section 3507 the following:
``Subchapter II--Cruise Vessels'';
and
(3) by redesignating sections 3507 and 3508 as sections
3523 and 3524, respectively.
SEC. 3. APPLICATION.
Chapter 35, as amended by section 2 of this Act, is further amended
by inserting before section 3523 the following:
``Sec. 3521. Application
``(a) In General.--This subchapter applies to a vessel that--
``(1) is authorized to carry at least 250 passengers;
``(2) has onboard sleeping facilities for each passenger;
``(3) is on a voyage that embarks or disembarks passengers
in the United States; and
``(4) is not engaged on a coastwise voyage.
``(b) Federal and State Vessels.--This subchapter does not apply
to--
``(1) a vessel of the United States operated by the Federal
Government; or
``(2) a vessel owned and operated by a State.''.
SEC. 4. DEFINITIONS.
Chapter 35, as amended by sections 2 and 3 of this Act, is further
amended by inserting after section 3521, as added by section 3, the
following:
``Sec. 3522. Definitions
``In this subchapter:
``(1) Exterior deck.--The term `exterior deck' means any
exterior weather deck on which a passenger may be present,
including passenger stateroom balconies, exterior promenades on
passenger decks, muster stations, and similar exterior weather
deck areas.
``(2) Key terms.--The term `key terms' includes terms
related to undisclosed costs and fees, indemnification,
waivers, limitations on liability, notice of claim and actions,
time limitations, arbitration, forum, and jurisdiction.
``(3) Owner.--The term `owner' means the owner, charterer,
managing operator, master, or other individual in charge of a
vessel.
``(4) Passage contract.--The term `passage contract' means
a binding agreement for passage on a passenger vessel.
``(5) Passenger.--Notwithstanding section 2101 of this
title, the term `passenger' means a citizen of the United
States carried on a passenger vessel.
``(6) Passenger vessel.--The term `passenger vessel' means
a passenger vessel to which this subchapter applies.''.
SEC. 5. PASSENGER VESSEL CONSUMER SERVICE IMPROVEMENTS.
(a) In General.--Chapter 35, as amended by this Act, is further
amended by adding at the end the following:
``Sec. 3525. Passenger vessel consumer service improvements
``(a) Passage Contracts.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Cruise Passenger Protection Act of 2019, the
Secretary of Transportation shall develop standards for use by
an owner of a passenger vessel to provide a prospective
passenger with a summary that highlights key terms in the
passage contract and before such terms are binding. In
developing the standards, the Secretary of Transportation may
consult with other Federal agencies, persons with expertise on
admiralty and maritime law, consumer advocates, industry
representatives, and such other persons as the Secretary of
Transportation considers necessary.
``(2) Statute of limitations.--The statute of limitations
for filing a lawsuit against the owner of a passenger vessel,
which shall not be shorter than 3 years, shall be clearly
identified in the passage contract described in paragraph (1).
``(3) Recommendations.--The standards developed under
paragraph (1) shall include recommendations regarding--
``(A) style, formatting, and placement that ensures
that the summary is conspicuous; and
``(B) terminology that ensures that the summary
is--
``(i) clear, unambiguous, and unmistakable;
and
``(ii) to the greatest extent possible,
uniform, concise, and not complex.
``(4) Periodic review.--The Secretary of Transportation
shall periodically review and update, as appropriate, the
standards developed under paragraph (1).
``(5) Requirements.--Beginning on the date that is 180 days
after the date on which the standards are developed under
paragraph (1), an owner of a passenger vessel shall--
``(A) provide each prospective passenger with a
summary in accordance with those standards;
``(B) include a prominently accessible link to the
summary on each Internet website that the owner
maintains for prospective passengers to purchase or
book passage on the passenger vessel; and
``(C) include the summary in any 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, that the Secretary of Transportation considers
necessary to adequately notify a prospective passenger
of the key terms in the passage contract before such
terms are binding.
``(6) Preemption.--The standards developed under paragraph
(1) shall preempt any related State standards that require a
summary that provides less information to a prospective
passenger than the information required to be provided under
this subsection, as determined by the Secretary of
Transportation.
``(b) Consumer Complaints.--
``(1) Toll-free hotline; internet website link.--The
Secretary of Transportation shall--
``(A) establish a consumer complaints toll-free
hotline telephone number for passenger use;
``(B) establish a consumer complaints link for
passenger use on the Internet website maintained under
section 3526(i); and
``(C) notify the public of--
``(i) the telephone number established
under subparagraph (A); and
``(ii) the Internet website maintained
under section 3526(i).
``(2) Website.--The Secretary of Transportation shall--
``(A) maintain a statistical compilation of all
consumer complaints on the Internet website under
section 3526(i) that provides a numerical accounting of
each category of consumer complaint;
``(B) update the data referred to in subparagraph
(A) not less frequently than quarterly;
``(C) aggregate such data by passenger vessel; and
``(D) identify each passenger vessel by name.
``(3) Investigations of consumer complaints.--The Secretary
of Transportation, in coordination with other relevant Federal
agencies, may investigate consumer complaints from passengers,
including--
``(A) cancellations, delays, and port skipping;
``(B) lost, damaged, and delayed baggage;
``(C) conditions on board the passenger vessel;
``(D) problems in obtaining refunds for unused or
lost tickets or fare adjustments;
``(E) incorrect or incomplete information about
fares, discount fare conditions and availability,
overcharges, and fare increases;
``(F) deceptive or misleading advertising; and
``(G) compliance with Federal regulations.
``(4) Referral to federal agency.--The Secretary of
Transportation may refer any complaint received under this
subsection to the Attorney General or relevant Federal agency
for action, as appropriate.
``(5) Notice to passengers.--
``(A) Internet websites.--Each owner of a passenger
vessel shall include in a conspicuous location on each
Internet website that the owner of a passenger vessel
maintains for passengers to purchase or book passage on
a passenger vessel--
``(i) the telephone number established
under paragraph (1); and
``(ii) any other information necessary for
a passenger to submit a consumer complaint for
resolution.
``(B) Boarding documentation.--The owner of a
passenger vessel shall include the telephone number and
Internet address for consumer complaints established
under paragraph (1) on--
``(i) any promotional literature or
advertising, through any medium of
communication in the United States offering
passage or soliciting passengers for ocean
voyages on passenger vessels, that the
Secretary of Transportation considers necessary
to adequately notify a prospective passenger of
the telephone number and Internet address; and
``(ii) any electronic confirmation of the
purchase of passage on a passenger vessel.
``(c) Penalties.--
``(1) Civil penalty.--The Secretary of Transportation may
impose on any person that violates this section or a regulation
under this section 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 shall be $50,000.
``(2) Criminal penalty.--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.
``(d) Rulemaking.--The Secretary of Transportation shall issue such
regulations as are necessary to implement this section.''.
(b) Bill of Rights.--
(1) Enforceability.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Transportation
shall determine whether any of the enumerated rights in the
international cruise line passenger bill of rights, which was
adopted in 2013 by the members of the Cruise Lines
International Association, are enforceable under Federal law.
(2) Required statement.--The Secretary of Transportation
shall include in the standards developed under section 3525(a)
of title 46, United States Code, a statement informing a
prospective passenger--
(A) which rights referred to in paragraph (1) are
legally enforceable;
(B) that the passenger has a private right of
action to enforce such rights; and
(C) of any legal action that a prospective
passenger may take to enforce such rights.
(c) Advisory Committee for Passenger Vessel Consumer Protection.--
(1) In general.--The Secretary of Transportation shall
establish an advisory committee for passenger vessel consumer
protection (referred to in this subsection as the ``advisory
committee'') to advise the Secretary in carrying out activities
relating to passenger vessel customer service improvements.
(2) Membership.--The Secretary of Transportation shall
appoint the members of the advisory committee, which shall be
comprised of 1 representative each of--
(A) owners of passenger vessels;
(B) international industry-related associations;
(C) State or local governments with expertise in
consumer protection matters;
(D) nonprofit public interest groups with expertise
in consumer protection matters;
(E) nonprofit public interest groups with expertise
in victim assistance; and
(F) relevant Federal agencies, as determined by the
Secretary of Transportation.
(3) Vacancies.--A vacancy in the advisory committee shall
be filled in the manner in which the original appointment was
made.
(4) Travel expenses.--Members of the advisory committee
shall serve without pay, but shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
subchapter I of chapter 57 of title 5, United States Code.
(5) Chair.--The Secretary of Transportation shall
designate, from among the individuals appointed under paragraph
(2), an individual to serve as chair of the advisory committee.
(6) Duties.--The advisory committee shall--
(A) evaluate existing passenger vessel consumer
protection programs or services;
(B) recommend improvements to the programs or
services under subparagraph (A), as necessary;
(C) recommend additional passenger vessel consumer
protection programs or services, as necessary; and
(D) recommend to the Secretary of Transportation
which key terms in a passage contract that should be
highlighted before such terms are binding, such as--
(i) products and services available on
board the passenger vessel for an undisclosed
cost or fee or otherwise are not included in
the price of passage;
(ii) the country under which the passenger
vessel is registered or flagged;
(iii) if the passenger vessel leaves the
admiralty and maritime jurisdiction of the
United States, a passenger may be subject to
the law of a foreign country;
(iv) the passenger vessel may not accept
responsibility for any health care services
provided to a passenger by medical staff on
board the passenger vessel;
(v) the maximum amount an owner of a
passenger vessel will reimburse a passenger for
lost or stolen property while on board the
passenger vessel; and
(vi) where to file a notice of claim or
initiate any legal action against the owner of
the passenger vessel.
(7) Report to congress.--Not later than February 1 of each
of the first 2 calendar years beginning after the date of the
enactment of this Act, the Secretary of Transportation shall
submit to Congress a report that contains--
(A) the recommendations made by the advisory
committee during the preceding calendar year;
(B) an explanation of whether and how the industry
has implemented each recommendation; and
(C) for each recommendation not implemented, the
industry's reason for not implementing the
recommendation.
(8) Definition of passenger vessel.--In this subsection,
the term ``passenger vessel'' has the meaning given the term in
section 3522 of title 46, United States Code.
SEC. 6. CRIME REPORTING AND PUBLIC NOTICE.
(a) Availability of Log Book and Entries to FBI and Other
Investigators.--Section 3523(g)(1), as redesignated under section 2, is
amended--
(1) in subparagraph (A), by striking ``in a centralized
location readily accessible to law enforcement personnel,'';
and
(2) in subparagraph (B), by striking ``make such log book
available'' and inserting ``make the log book described in
subparagraph (A), the Captain's log, security log, engine room
log, all other logs, and all entries of such log books or logs,
available without regard as to whether the log book, logs, or
entries are maintained on board the vessel or at a centralized
location off the vessel,''.
(b) Deadline To Notify Federal Bureau of Investigation Regarding
Certain Incidents.--Section 3523(g)(3)(A)(i), as redesignated under
section 2, is amended--
(1) by striking ``shall contact'' and inserting ``subject
to subparagraph (C), shall contact''; and
(2) by striking ``after the occurrence on board the vessel
of an incident involving'' and inserting ``, but not later than
4 hours, after an employee of the vessel is notified of an
incident on board the vessel allegedly involving''.
(c) Crime Reporting Guidelines.--Section 3523(g)(1)(A), as
redesignated under section 2 and amended by subsection (a), is further
amended--
(1) in clause (i), by striking the comma at the end and
inserting a semicolon;
(2) in clause (ii), by striking ``, and'' and inserting a
semicolon;
(3) in clause (iii), by striking the comma at the end and
inserting ``; and''; and
(4) by inserting after clause (iii) the following:
``(iv) any other criminal offenses reported
to the Federal Bureau of Investigation through
the Uniform Crime Reporting Program,''.
(d) Reports Before Departure.--Section 3523(g)(3), as redesignated
under section 2, is amended by adding at the end the following:
``(C) Reports before departure.--If an employee of
a vessel to which this subchapter applies is notified
of an incident under subparagraph (A)(i) while the
vessel is within the admiralty and maritime
jurisdiction of the United States and en route to a
United States port or at a United States port, the
owner of the vessel (or the owner's designee) shall
contact the nearest Federal Bureau of Investigation
Field Office or Legal Attache not later than the time
specified under subparagraph (A)(i) or before the
vessel departs port, whichever is earlier.''.
(e) Reports to United States Consulates.--Section 3523(g)(3), as
amended by subsection (d), is further amended by adding at the end the
following:
``(D) Reports to united states consulates.--If an
incident described in subparagraph (A)(i) allegedly
involves an offense by or against a United States
national, in addition to contacting the nearest Federal
Bureau of Investigation Field Office or Legal Attache
under that subparagraph, the owner of a vessel to which
this subchapter applies (or the owner's designee) shall
contact the United States consulate at the next port of
call not later than the time specified under
subparagraph (A)(i).''.
(f) Reports to Secretary of Transportation; Incidents and
Details.--Section 3523(g)(3)(A), as amended by subsection (b), is
further amended--
(1) in clause (ii), by striking ``to the Internet website
maintained by the Secretary of Transportation under paragraph
(4)(A)'' and inserting ``, including the details under
paragraph (2), to the Internet website maintained by the
Secretary of Transportation under section 3526(i)''; and
(2) in clause (iii), by striking ``under paragraph (4)(A)''
and inserting ``under section 3526(i)''.
(g) Availability of Security Guide Via Internet.--Section
3523(c)(1), as redesignated under section 2 of this Act, is amended--
(1) in subparagraph (A)--
(A) by striking ``a guide (referred to in this
subsection as the `security guide')'' and inserting ``a
security guide''; and
(B) by striking ``English, which'' and inserting
``English, that''; and
(2) in subparagraph (C), by striking ``on the website of
the vessel owner'' and inserting ``through a prominently
accessible link on each Internet website that the cruise line
maintains for passengers to purchase or book cruises on any
vessel that the cruise line owns or operates, and to which this
subchapter applies''.
(h) Reporting Requirements.--Section 3523, as redesignated under
section 2 of this Act, is further amended--
(1) by striking subsections (k) and (l);
(2) by redesignating subsections (i) and (j) as subsections
(j) and (k), respectively; and
(3) by inserting after subsection (h) the following:
``(i) Reporting Requirements.--
``(1) Provision to state fusion centers.--
``(A) In general.--Any records (including
electronic records), information, or written
documentation provided to any source under paragraph
(1)(A), or subparagraph (D) or (C) of paragraph (3),
shall also be provided to the State fusion center (as
described in section 210A of the Homeland Security Act
of 2002 (6 U.S.C. 124h)) for the State in which the
applicable port described in subparagraph (B) is
located.
``(B) Applicable port.--For purposes of this
paragraph, the applicable port shall be the port from
which a vessel originally embarks or the port at which
the vessel disembarks, whichever port is nearest when
the alleged incident occurs.''.
SEC. 7. CRIME PREVENTION, DOCUMENTATION, AND RESPONSE REQUIREMENTS.
(a) Maintenance and Placement of Video Surveillance Equipment.--
Section 3523(b)(1), as redesignated under section 2 of this Act, is
amended--
(1) by striking ``The owner'' and inserting the following:
``(A) In general.--The owner'';
(2) by striking ``, as determined by the Secretary''; and
(3) by adding at the end the following:
``(B) Placement of video surveillance equipment.--
With regard to the placement of video surveillance
equipment on a vessel under subparagraph (A), the owner
shall--
``(i) place video surveillance equipment in
each passenger common area where a person has
no reasonable expectation of privacy;
``(ii) place video surveillance equipment
in other areas where a person has no reasonable
expectation of privacy; and
``(iii) place video surveillance equipment
in each area identified under clauses (i) and
(ii) in a manner that provides optimum
surveillance of that area.''.
(b) Access to Video Records.--Section 3523(b), as redesignated
under section 2 of this Act and amended under subsection (a), is
further amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) in paragraph (3), as redesignated--
(A) by striking ``The owner'' and inserting the
following:
``(A) Law enforcement.--The owner''; and
(B) by adding at the end, the following:
``(B) Civil actions.--The owner of a vessel to
which this subchapter applies shall provide to any
individual or the individual's legal representative,
upon written request, a copy of all records of video
surveillance--
``(i) in which the individual is a subject
of the video surveillance; and
``(ii) that may provide evidence in a civil
action.
``(C) Limited access.--Except as provided under
subparagraphs (A) and (B), the owner of a vessel to
which this subchapter applies shall ensure that access
to records of video surveillance is limited to the
purposes under this section.''.
(c) Notice of Video Surveillance.--Section 3523(b), as redesignated
under section 2 of this Act and amended by this section, is further
amended by inserting after paragraph (1) the following:
``(2) Notice of video surveillance.--The owner of a vessel
to which this subchapter applies shall provide clear and
conspicuous signs on board the vessel notifying the public of
the presence of video surveillance equipment.''.
(d) Retention Requirements.--Section 3523(b), as redesignated under
section 2 of this Act and amended by this section, is further amended
by adding at the end the following:
``(4) Retention requirements.--
``(A) In general.--The owner of a vessel to which
this subchapter applies shall retain all records of
video surveillance for a voyage for not less than 1
year after completion of the voyage. If an incident
described in subsection (g)(3)(A)(i) is alleged and
reported to law enforcement, all records of video
surveillance from the voyage that the Federal Bureau of
Investigation determines are relevant shall--
``(i) be provided to the Federal Bureau of
Investigation; and
``(ii) be preserved by the vessel owner for
not less than 5 years from the date of the
alleged incident.
``(B) Interim standards.--Not later than 180 days
after the date of the enactment of the Cruise Passenger
Protection Act of 2019, the Commandant, 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 the enactment of the Cruise Passenger
Protection Act of 2019, 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 (C), the Commandant shall--
``(i) consider factors that would aid in
the investigation of serious crimes, including
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.''.
(e) Technology Detecting Passengers Who Have Fallen Overboard
Requirement.--Section 3523(a)(1)(D), as redesignated under section 2 of
this Act, is amended--
(1) by striking ``or detecting'' and inserting ``and
detecting''; and
(2) by striking ``is available'' and inserting ``is
available, as determined by the International Maritime
Organization''.
(f) Sea Marshals Requirement.--Section 3523(f), as redesignated
under section 2 of this Act, is amended--
(1) by redesignating subparagraphs (A) and (B) of paragraph
(1) as clauses (i) and (ii) of such paragraph, and adjusting
the margins so as to align with clause (i) of subsection
(d)(3)(A);
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), and adjusting the margins so as to
align with subparagraph (A) of subsection (e)(1);
(3) by striking ``(f)'' and all that follows through ``The
owner'' and inserting the following:
``(f) Crew Requirements.--
``(1) Sea marshals.--The owner of a vessel to which this
section applies shall ensure that the vessel is staffed at all
times with an appropriate number, based on the vessel size and
the number of passengers, of sea marshals who have been
certified by, and are operating under the jurisdiction of, the
Coast Guard.
``(2) Crew access to passenger staterooms.--The owner''.
(g) Authority To Provide Assistance to Victims of Crimes on Board
Passenger Vessels.--Chapter 35, as amended by this Act, is further
amended by adding at the end the following:
``SEC. 3526. ASSISTANCE TO VICTIMS OF CRIMES ON BOARD CERTAIN PASSENGER
VESSELS.
``(a) Purpose.--The purpose of this section is to provide to a
passenger who is an alleged victim of an incident described in section
3523(g)(3)(A)(i)--
``(1) a written summary of rights described in subsection
(e);
``(2) a primary point of contact within the Federal
Government; and
``(3) a means of obtaining immediate, free, and
confidential support services.
``(b) Director of Victim Support Services.--
``(1) Interim designation.--The Secretary of Transportation
shall designate an interim director of victim support services.
The interim director shall be an employee of the Department of
Transportation and shall serve in the position until a final
designation is made under paragraph (2).
``(2) Final designation.--Not later than 180 days after the
date of the enactment of the Cruise Passenger Protection Act of
2019, the Secretary of Transportation, in consultation with the
Department of Justice and other relevant Federal agencies,
shall--
``(A) designate an employee of the Federal
Government to serve as the director of victim support
services under this section; and
``(B) determine an effective way to publicize the
toll-free telephone number under subsection (c) and the
availability of support services.
``(3) Responsibilities.--The director of victim support
services shall--
``(A) be responsible for acting as a primary point
of contact within the Federal Government for any
passenger described in subsection (a);
``(B) coordinate with one or more nonprofit
organizations or other entities that can provide the
types of support services described in subsection (d);
``(C) establish a process for a passenger described
in subsection (a) to obtain the appropriate types of
support services described in subsection (d);
``(D) recommend a process for a passenger described
in subsection (a) to obtain an appropriate continuum of
care;
``(E) recommend a process for a passenger described
in subsection (a) to obtain information on the status
of any related criminal investigation;
``(F) develop guidance, consistent with the purpose
of this section, for the security guide under section
3523(c)(1), including a process to ensure that an owner
of a passenger vessel provides a copy of the security
guide to a passenger immediately after the vessel is
notified that the passenger is an alleged victim of an
incident described in subsection (g)(3)(A)(i);
``(G) periodically update that guidance, as
necessary; and
``(H) be the primary liaison between a passenger
described in subsection (a) and--
``(i) the owner of the passenger vessel;
``(ii) any relevant Federal agency;
``(iii) any relevant United States embassy
or United States consulate; and
``(iv) any other person that the director
of victim support services considers necessary
to carry out the purpose of this section.
``(c) Toll-Free Telephone Number.--The Secretary of Transportation
shall establish a toll-free telephone number, available 24 hours each
day, that a passenger described in subsection (a) can call to initiate
the process under subsection (b)(3)(C).
``(d) Support Services.--The director of victim support services
shall determine the types of support services that a passenger
described in subsection (a) can obtain, such as--
``(1) directions on how to report an incident described in
section 3523(g)(3)(A)(i) to appropriate authorities;
``(2) an explanation of or assistance completing necessary
forms to report an incident described in section
3523(g)(3)(A)(i);
``(3) an explanation of how or assistance to obtain support
services under this section;
``(4) arranging, if appropriate, for mental health and
counseling services;
``(5) arranging, if possible, for education regarding and
advocacy during applicable criminal justice proceedings; and
``(6) communicating with that passenger as to the roles of
the organization or entities described in subsection (b)(3)(B),
government agencies, and the owner of the passenger vessel
involved with respect to the incident and the post-incident
activities.
``(e) Summary of Rights.--Not later than 180 days after the date of
the enactment of the Cruise Passenger Protection Act of 2019, the
Secretary of Transportation, in consultation with the Department of
Justice, other relevant Federal agencies, nonprofit public interest
groups with expertise in victim assistance, and such other persons that
the Secretary of Transportation considers necessary, shall--
``(1) determine what rights a passenger described in
subsection (a) may have under law, such as the right to contact
the Federal Bureau of Investigation to report the crime, the
right to contact the director of victim support services, and
the right to speak confidentially to Federal law enforcement,
the director of victim support services, and any other third-
party victim advocate without any representative or employee of
the passenger vessel present;
``(2) develop a written summary of those rights; and
``(3) establish a process for a passenger described in
subsection (a) to receive the written summary of rights as soon
as practicable after an alleged incident described under
section 3523(g)(3)(A)(i).
``(f) Guardians and Relatives.--If a passenger described in
subsection (a) is deceased or is a minor, or under such other
circumstances that the director of victim support services considers
necessary, the director may provide support services under this section
to a guardian or relative of that passenger.
``(g) Use of Passenger Vessel Resources.--As appropriate, the
resources of the passenger vessel should be used to the greatest extent
possible to carry out the purpose under this section.
``(h) Statutory Construction.--Nothing in this section may be
construed as limiting the obligations that an owner of a passenger
vessel may have in providing assistance to a passenger who is an
alleged victim of an incident described under section 3523(g)(3)(A)(i).
``(i) Availability of Incident Data Via Internet.--
``(1) In general.--The Secretary of Transportation shall
maintain a statistical compilation of all incidents described
in section 3523(g)(3)(A) on an Internet website that provides a
numerical accounting of the missing persons and alleged crimes
duly recorded in each report filed under section 3523(g)(3).
Each incident described in section 3523(g)(3)(A) shall be
included in the statistical compilation irrespective of its
investigative status.
``(2) Updates.--The Secretary of Transportation shall
ensure that the data described in paragraph (1)--
``(A) is updated not less frequently than
quarterly;
``(B) is aggregated by cruise line;
``(C) identifies each cruise line by name;
``(D) identifies each crime and alleged crime as to
whether it was committed or allegedly committed by a
passenger or a crew member;
``(E) identifies each crime and alleged crime as to
whether it was committed or allegedly committed against
a minor;
``(F) identifies the number of alleged individuals
overboard; and
``(G) is compiled on the Internet website in a
user-friendly format.
``(3) Access to website.--Each owner of a passenger vessel
shall include a prominently accessible link to the Internet
website maintained by the Secretary of Transportation under
paragraph (1) on each Internet website that the owner maintains
for prospective passengers to purchase or book passage on the
passenger vessel.
``(j) Regulations.--The Secretary of Transportation shall issue
such regulations as are necessary to implement this section.''.
(h) Study.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Transportation, in coordination with the
Secretary of the department in which the Coast Guard is operating, the
Attorney General, and heads of other relevant Federal agencies, shall--
(1) conduct a study to determine the feasibility of having
an individual on board each passenger vessel (as defined in
section 3522 of title 46, United States Code) to provide victim
support services, including the support services under section
3526(d) of title 46, United States Code, and related safety and
security services, which includes consideration of the cost,
the benefit to passengers, jurisdiction, and logistics; and
(2) report the findings of the study conducted under
paragraph (1) to Congress.
(i) Criminal Activity Prevention and Response Guide.--Section
3523(c)(1), as amended by section 6(g) of this Act, is further
amended--
(1) in subparagraph (A)--
(A) by redesignating clause (ii) as clause (vi);
(B) by inserting after clause (i) the following:
``(ii) describes the availability of
support services under section 3526, including
any contact information provided by the
Secretary of Transportation or director of
victim support services under that section;
``(iii) includes the summary of rights
under section 3526(e);
``(iv) includes the summary under section
3525(a);
``(v) includes the toll-free hotline
telephone number and consumer complaints
Internet website link under section 3525(b);'';
(C) in clause (vi), as redesignated, by inserting
``and'' at the end; and
(D) by adding at the end the following:
``(vii) includes such other information as
the Secretary of Transportation recommends
under section 3526(b)(3)(F);'';
(2) by amending subparagraph (B) to read as follows:
``(B) provide a copy of the security guide to--
``(i) the Secretary of Transportation for
review; and
``(ii) the Federal Bureau of Investigation
for comment; and'';
(3) by redesignating subparagraph (C) as subparagraph (D);
and
(4) by inserting after subparagraph (B) the following:
``(C) immediately after the vessel is notified that
a passenger is an alleged victim of an incident
described under subsection (g)(3)(A)--
``(i) provide the passenger with a copy of
the security guide; and
``(ii) inform the passenger that the
passenger has the right to notify the Federal
Bureau of Investigation that the passenger has
been a victim of a crime on a passenger vessel;
and''.
(j) Maintenance of Supplies To Prevent Sexually Transmitted
Diseases.--Section 3523(d)(1), as redesignated by section 2 of this
Act, is amended by inserting ``(taking into consideration the length of
the voyage and the number of passengers and crewmembers that the vessel
can accommodate)'' after ``a sexual assault''.
(k) Sexual Assault; Contact Information.--Section 3523(d)(5)(A), as
redesignated by section 2 of this Act, is amended by striking ``the
United States Coast Guard,''.
(l) Sexual Assault; Private Telephone Line.--Section 3523(d)(5)(B),
as redesignated by section 2 of this Act, is amended by inserting
``under section 3526 or'' after ``the information and support services
available''.
(m) Crime Scene Preservation Training; Certification of
Organizations by MARAD.--Section 3524(a), as redesignated by section 2
of this Act, is amended by striking ``may certify'' and inserting
``shall certify''.
(n) Crew Access to Passenger Staterooms; Procedures and
Restrictions.--Section 3523(f)(2), as redesignated and amended by
sections 2 and 7(f) of this Act, is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``and'' at the end;
and
(B) by inserting after clause (ii) the following:
``(iii) a system that electronically
records the date, time, and identity of each
crew member accessing each passenger stateroom;
and''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) ensure that the procedures and restrictions
are--
``(i) fully and properly implemented;
``(ii) reviewed annually; and
``(iii) updated as necessary.''.
(o) Requirements for Reporting.--Subsection (i) of section 3523, as
added by section 6(h), is further amended by adding at the end the
following:
``(2) Applicability of requirements.--Any reporting
requirement under this section relating to an incident
specified in paragraph (3)(A)(i) is required without regard as
to whether the Federal Bureau of Investigation has opened a
formal investigation relating to the incident.''.
SEC. 8. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS.
(a) Vessel Design, Equipment, Construction, and Retrofitting
Requirements.--Section 3523(a), as redesignated by section 2 of this
Act, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``to which this subsection applies'' and
inserting ``to which this subchapter applies'';
(B) in subparagraph (A)--
(i) by striking ``The vessel'' and
inserting ``Each exterior deck of a vessel'';
and
(ii) by inserting ``unless the height
requirement would interfere with the deployment
of a lifesaving device or other emergency
equipment as identified by the Commandant''
before the period at the end;
(C) in subparagraph (B), by striking ``entry doors
that include peep holes or other means of visual
identification.'' and inserting ``an entry door that
includes a peep hole or other means of visual
identification that provides an unobstructed view of
the area outside the stateroom or crew cabin. For
purposes of this subparagraph, the addition of an
optional privacy cover on the interior side of the
entry shall not in and of itself constitute an
obstruction.''; and
(D) in subparagraph (E), by striking ``when
operating in high risk areas (as defined by the United
States Coast Guard)''; and
(2) by adding at the end the following:
``(3) Waivers; record of waivers.--The Secretary--
``(A) may waive a requirement under paragraph (1)
as the Secretary determines necessary; and
``(B) shall maintain a record of each waiver under
subparagraph (A).''.
(b) Medical Standards.--
(1) In general.--Section 3523, as redesignated by section 2
of this Act, is amended--
(A) in subsection (d)--
(i) in paragraph (3)--
(I) in subparagraph (A), by
redesignating clauses (i) and (ii) as
subclauses (I) and (II), respectively,
and adjusting the margins of such
subclauses so as to align with
subclause (I) of section
3523(c)(1)(A)(ii); and
(II) by redesignating subparagraphs
(A), (B), and (C) as clauses (i), (ii),
and (iii), respectively, and adjusting
the margins of such clauses so as to
align with clause (i) of section
3523(c)(1)(A);
(ii) in paragraph (5), by redesignating
subparagraphs (A) and (B) as clauses (i) and
(ii), respectively, and adjusting the margins
of such clauses so as to align with clause (i)
of section 3523(c)(1)(A);
(iii) by redesignating paragraphs (1)
through (5) as subparagraphs (A) through (E),
respectively, and adjusting the margins of such
subparagraphs so as to align with subparagraph
(A) of section 3523(c)(1); and
(iv) by striking ``The owner'' and
inserting the following:
``(1) In general.--The owner'';
(B) in subsection (e)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by striking ``under
subsection (d)'' and inserting ``under
paragraph (1)''; and
(II) by redesignating subparagraphs
(A), (B), and (C) as clauses (i), (ii),
and (iii), respectively, and adjusting
the margins of such clauses so as to
align with clause (i) of section
3523(c)(1)(A);
(ii) by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively,
and adjusting the margins of such subparagraphs
so as to align with subparagraph (A) of section
3523(c)(1); and
(iii) by striking ``(e)'' and all that
follows through ``The master'' and inserting
the following:
``(2) Confidentiality of sexual assault examination and
support information.--The master''; and
(C) by inserting after subsection (d), as amended
by subparagraphs (A) and (B) of this paragraph, the
following:
``(e) Medical Standards.--
``(1) In general.--The owner of a vessel to which this
section applies shall ensure that--
``(A) 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;
``(B) there are a sufficient number of qualified
medical staff members on the vessel to treat the number
of passengers who may be on board the vessel, as
determined by the Secretary, by regulation;
``(C) the vessel is in compliance with the Health
Care Guidelines for Cruise Ship Medical Facilities
established by the American College of Emergency
Physicians, or any successor standard;
``(D) if a United States citizen dies on board the
vessel and the citizen's next of kin requests that the
citizen's body return to the United States on the
vessel, such request is granted;
``(E) every crew member on the vessel has received
basic life support training and is certified in
cardiopulmonary resuscitation;
``(F) every crew member on a vessel leaving from or
en route to a United States port of call has a basic
understanding of the English language;
``(G) automated external defibrillators are--
``(i) placed throughout the vessel in
clearly designated locations;
``(ii) available for passenger access in
the event of an emergency; and
``(iii) capable of contacting cruise
medical staff through tracing or callbox
capability; and
``(H) the initial safety briefing given to the
passengers on the vessel includes--
``(i) the location of the vessel's medical
facilities;
``(ii) the appropriate steps passengers
should follow during a medical emergency;
``(iii) the location and proper use of
automated external defibrillators; and
``(iv) the proper way to report an incident
or to seek security assistance in the event of
a medical emergency.
``(2) Definitions.--In this subsection:
``(A) Physician.--The term `physician' means a
medical doctor who--
``(i) has at least 3 years of post-
graduate, post-registration experience in
general and emergency medicine; or
``(ii) is board certified in emergency
medicine, family medicine, or internal
medicine.
``(B) Qualified medical staff.--The term `qualified
medical staff member' means a medical professional
certified in advanced cardiovascular life support and
advanced trauma life support training.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date that is 180 days after the date
of the enactment of this Act.
SEC. 9. ENFORCEMENT.
(a) Information Sharing.--
(1) In general.--To the extent not prohibited by other law,
the head of a designated agency shall make available to another
head of a designated agency any information necessary to carry
out the provisions of subchapter II of chapter 35 of title 46,
United States Code. The provision by the head of a designated
agency of any information under this subsection to another head
of a designated agency shall not constitute a waiver, or
otherwise effect, any privilege any agency or person may claim
with respect to that information under Federal or State law.
(2) Definition of head of a designated agency.--In this
subsection, the term ``head of a designated agency'' means the
Secretary of Transportation, the Secretary of Homeland
Security, or the Attorney General.
(b) Passenger Vessel Security and Safety Requirements.--Section
3523(h), as redesignated by section 2 of this Act, is amended to read
as follows:
``(h) Penalties.--
``(1) 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 $25,000 for each day during which the
violation continues, except that the maximum penalty for a
continuing violation is $50,000.
``(2) Criminal penalty.--Any person that willfully violates
this section or a regulation under this section shall be fined
not more than $250,000, imprisoned for not more than 1 year, or
both.''.
(c) Enforcement.--Chapter 35, as amended by this Act, is further
amended by adding at the end the following:
``Sec. 3527. Refusal of clearance; denial of entry
``(a) Clearance.--The Secretary of Homeland Security may withhold
or revoke the clearance required under section 60105 of any vessel of
the owner of a vessel to which this subchapter applies, wherever the
vessel is found, if the owner of the vessel--
``(1) commits an act or omission for which a penalty may be
imposed under this subchapter; or
``(2) fails to pay a penalty imposed on the owner under
this subchapter.
``(b) Denial of Entry.--The Secretary of the department in which
the Coast Guard is operating may deny entry into the United States to a
vessel to which this subchapter applies if the owner of the vessel--
``(1) commits an act or omission for which a penalty may be
imposed under this subchapter; or
``(2) fails to pay a penalty imposed on the owner under
this subchapter.''.
SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Application.--Chapter 35, as amended by this Act, is further
amended--
(1) in section 3523, by striking ``to which this section
applies'' each place such phrase appears and inserting ``to
which this subchapter applies''; and
(2) in section 3524, by striking ``to which this section
applies'' each place such phrase appears and inserting ``to
which this subchapter applies''.
(b) Availability of Incident Data Via Internet.--Section 3523(g),
as redesignated under section 2 of this Act, is amended by striking
paragraph (4).
(c) Table of Contents.--The table of contents for chapter 35 is
amended--
(1) by inserting before the item relating to section 3501
the following:
``subchapter i. general provisions'';
(2) by striking the item relating to section 3507 and
inserting the following:
``3523. Passenger vessel security and safety requirements.'';
(3) by striking the item relating to section 3508 and
inserting the following:
``3524. Crime scene preservation training for passenger vessel
crewmembers.'';
(4) by inserting after the item relating to section 3506
the following:
``subchapter ii. cruise vessels'';
(5) by inserting before the item relating to section 3523,
the following:
``3521. Application.
``3522. Definitions.'';
and
(6) by adding at the end the following:
``3525. Passenger vessel consumer service improvements.
``3526. Assistance to victims of crimes on board certain passenger
vessels.
``3527. Refusal of clearance; denial of entry.''.
SEC. 11. LIMITATIONS IN CERTAIN CASES.
(a) In General.--Section 30307 is amended--
(1) in the section heading, by striking ``Commercial
aviation accidents'' and inserting ``Limitations in certain
cases'';
(2) by striking subsection (a) and inserting the following:
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Cruise ship.--The term `cruise ship' means a
passenger vessel, other than a vessel of the United States
operated by the Federal Government or a vessel owned and
operated by a State, 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) Nonpecuniary damages.--The term `nonpecuniary
damages' means damages for pre-death pain and suffering and for
loss of care, comfort, and companionship.'';
(3) in subsection (b), by inserting ``, or from a wrongful
act, negligence, or any other act or omission associated with a
cruise ship voyage,'' after ``commercial aviation accident'';
and
(4) in subsection (c), by inserting ``, or from a wrongful
act, negligence, or any other act or omission associated with a
cruise ship voyage,'' after ``commercial aviation accident''.
(b) Clerical Amendment.--The table of sections for chapter 303 is
amended by striking the item relating to section 30307 and inserting
the following:
``30307. Limitations in certain cases.''.
<all>
Cruise Passenger Protection Act of 2019
#3124 | S Congress #116
Policy Area: Transportation and Public Works
Subjects: AccidentsAdministrative law and regulatory proceduresAdvisory bodiesAssault and harassment offensesBusiness recordsCardiovascular and respiratory healthCivil actions and liabilityCoast guardCongressional oversightConsumer affairsContracts and agencyCrime preventionCrime victimsCriminal investigation, prosecution, interrogationDepartment of Homeland SecurityDepartment of TransportationEmergency medical services and trauma careEvidence and witnessesFederal preemption
Last Action: Read twice and referred to the Committee on Commerce, Science, and Transportation. (12/19/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text