[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9312 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9312
To improve passenger vessel security and safety, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 6, 2024
Ms. Matsui introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
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; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Cruise Passenger
Protection Act of 2024''.
(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. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title; references.
Sec. 2. Table of contents.
TITLE I--COVERED PASSENGER VESSEL CONSUMER SERVICE AND PROTECTION
Sec. 101. Covered passenger vessel consumer service improvements.
Sec. 102. Cruise line passenger bill of rights; advisory committee for
covered passenger vessel consumer
protection.
Sec. 103. Assistance to victims of crimes on board certain passenger
vessels.
Sec. 104. Clerical amendments.
TITLE II--CRUISE VESSEL PASSENGER IMPROVEMENTS
Sec. 201. Cruise vessel chapter organization, application, and
definitions.
Sec. 202. Crime reporting and public notice.
Sec. 203. Crime prevention, documentation, and response requirements.
Sec. 204. Passenger vessel security and safety requirements.
Sec. 205. Enforcement.
Sec. 206. Technical and conforming amendments.
TITLE I--COVERED PASSENGER VESSEL CONSUMER SERVICE AND PROTECTION
SEC. 101. COVERED PASSENGER VESSEL CONSUMER SERVICE IMPROVEMENTS.
Subtitle II is amended by adding at the end the following:
``PART L--OFFICE OF MARITIME CONSUMER PROTECTION
``CHAPTER 161--OFFICE OF MARITIME CONSUMER PROTECTION
``16101. Definitions.
``16102. Application.
``16103. Office of Maritime Consumer Protection.
``16104. Covered passenger vessel consumer service improvements.
``16105. Invalidation of pre-dispute arbitration and class action
waiver clauses in certain contracts
relating to covered passenger vessel
transportation.
``Sec. 16101. Definitions
``In this chapter:
``(1) Applicable passenger.--The term `applicable
passenger' means a passenger on a covered passenger vessel who
is a citizen of the United States.
``(2) Assistant general counsel.--The term `Assistant
General Counsel' means the Assistant General Counsel for the
Office of Maritime Consumer Protection.
``(3) Covered passenger vessel.--The term `covered
passenger vessel' means a passenger vessel or small passenger
vessel to which this chapter applies, in accordance with
section 16102 of this title.
``(4) 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.
``(5) Office.--The term `Office' means the Office of
Maritime Consumer Protection.
``(6) Owner.--The term `owner' means the owner, charterer,
managing operator, master, or other individual in charge of a
vessel.
``(7) Passage contract.--The term `passage contract' means
a binding agreement for passage on a covered passenger vessel.
``(8) Secretary.--Notwithstanding section 2101 of this
title, the term `Secretary' means the Secretary of
Transportation.
``Sec. 16102. Application
``(a) In General.--This chapter applies to passenger vessels and
small passenger vessels.
``(b) Federal and State Vessels.--This chapter 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. 16103. Office of Maritime Consumer Protection
``(a) Establishment.--There is established within the Office of the
General Counsel of the Department of Transportation an Office of
Maritime Consumer Protection.
``(b) Head.--The Office shall be headed by the Assistant General
Counsel for the Office of Maritime Consumer Protection.
``(c) Duties.--The Office shall--
``(1) serve as the primary entity of the Department of
Transportation with respect to consumer protection issues
relating to covered passenger vessels (unless otherwise
provided under law), including--
``(A) carrying out the requirements of this
chapter;
``(B) providing assistance to the industry
regarding compliance assistance under this chapter;
``(C) processing consumer complaints regarding the
requirements of this chapter and other consumer
complaints regarding covered passenger vessels;
``(D) inspecting covered passenger vessels to
ensure that owners of such vessels have knowledge of
the consumer protection requirements that apply;
``(E) investigating potential consumer protection
violations regarding maritime travel; and
``(F) pursuing enforcement of such violations; and
``(2) serve as the implementing office for the duties of
the Secretary under section 102 of the Cruise Passenger
Protection Act of 2024.
``Sec. 16104. Covered passenger vessel consumer service improvements
``(a) Passage Contracts.--
``(1) Development of standards.--
``(A) Passenger vessels.--Not later than 180 days
after the date on which the advisory committee makes
its recommendations under section 102(b)(6)(C) of the
Cruise Passenger Protection Act of 2024, the Secretary,
acting through the Assistant General Counsel, shall
develop standards for use by an owner of a covered
passenger vessel that is a passenger vessel or, subject
to subparagraph (B), a small passenger vessel, to
provide a prospective applicable passenger with a
summary that highlights key terms in the passage
contract and is provided before such terms are binding.
``(B) Small passenger vessels.--The Secretary shall
determine the extent to which standards developed under
subparagraph (A) shall apply with respect to passage
contracts for small passenger vessels.
``(2) Consultation.--In developing the standards under
paragraph (1), the Secretary 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 considers necessary.
``(3) Statute of limitations.--The statute of limitations
for filing a lawsuit against the owner of a covered passenger
vessel, which shall not be shorter than 3 years, shall be
clearly identified in the passage contract described in
paragraph (1).
``(4) 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.
``(5) Periodic review.--The Secretary shall periodically
review and update, as appropriate, the standards developed
under paragraph (1).
``(6) 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 covered passenger vessel shall--
``(A) provide each prospective applicable passenger
with a summary in accordance with the standards that
apply to the covered passenger vessel under paragraph
(1);
``(B) include a prominently accessible link to the
summary on each Internet website that the owner
maintains for prospective applicable passengers to
purchase or book passage on the covered 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 applicable passengers for ocean voyages
anywhere in the world, that the Secretary considers
necessary to adequately notify a prospective applicable
passenger of the key terms in the passage contract
before such terms are binding.
``(7) Preemption.--The standards developed under paragraph
(1) shall preempt any related State standards that require a
summary that provides less information to a prospective
applicable passenger than the information required to be
provided under this subsection, as determined by the Secretary.
``(b) Covered Passenger Vessel Consumer Complaints.--
``(1) Toll-free hotline and internet website link for
consumer passenger vessel complaints.--The Secretary, acting
through the Assistant General Counsel, shall--
``(A) establish a consumer complaints toll-free
hotline telephone number for applicable passengers;
``(B) establish a consumer complaints link for use
by applicable passengers on the Internet website
maintained under section 16106(i); and
``(C) notify the public of--
``(i) the telephone number established
under subparagraph (A); and
``(ii) the Internet website maintained
under section 16106(i).
``(2) Website.--The Secretary, acting through the Assistant
General Counsel, shall--
``(A) maintain a statistical compilation of all
consumer complaints on the Internet website under
section 16106(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 monthly;
``(C) aggregate such data by covered passenger
vessel; and
``(D) identify each covered passenger vessel by
name.
``(3) Investigations of consumer complaints.--The
Secretary, acting through the Assistant General Counsel and in
coordination with other relevant Federal agencies, may
investigate consumer complaints from applicable passengers,
including--
``(A) cancellations, delays, and port skipping;
``(B) lost, damaged, and delayed baggage;
``(C) conditions on board the covered 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 or state agency.--The Secretary
may refer any complaint received under this subsection to the
Attorney General or a relevant Federal or State agency for
action, as appropriate.
``(5) Notice to passengers.--
``(A) Internet websites.--Each owner of a covered
passenger vessel shall include, in a conspicuous
location on each Internet website that such owner
maintains for applicable passengers to purchase or book
passage on the covered passenger vessel--
``(i) the telephone number established
under paragraph (1)(A);
``(ii) the consumer complaints link
established under paragraph (1)(B); and
``(iii) any other information necessary for
an applicable passenger to submit a consumer
complaint for resolution.
``(B) Boarding documentation.--The owner of a
covered passenger vessel shall include the telephone
number and Internet address of the link 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 applicable passengers for
ocean voyages on covered passenger vessels,
that the Secretary considers necessary to
adequately notify such prospective passenger of
the telephone number and Internet address; and
``(ii) any electronic confirmation of the
purchase of passage on a covered passenger
vessel.
``(c) Penalties.--
``(1) Civil penalty.--The Secretary, acting through the
Assistant General Counsel, 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.
``(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, acting through the Assistant
General Counsel, shall issue such regulations as are necessary to
implement this section.
``Sec. 16105. Invalidation of pre-dispute arbitration and class action
waiver clauses in certain contracts relating to covered
passenger vessel transportation
``(a) Covered Contract.--In this section, the term `covered
contract' means a contract for the purchase of a ticket for
transportation on a covered passenger vessel.
``(b) Arbitration.--Notwithstanding any other provision of law,
arbitration may be used to settle a controversy arising from or
relating to a provision of a covered contract only if, after the
controversy arises, all parties to the controversy consent, in writing,
to use arbitration to settle the controversy.
``(c) Class Actions.--Notwithstanding any other provision of law,
no predispute joint-action waiver shall be valid or enforceable with
respect to any alleged claim regarding a covered contract.
``(d) Court Determinations.--An issue as to whether this section
applies with respect to a dispute shall be determined under Federal
law. The applicability of this section to an agreement to arbitrate and
the validity and enforceability of a covered contract shall be
determined by a court, rather than an arbitrator, irrespective of
whether the party resisting arbitration challenges the arbitration
agreement specifically or in conjunction with other terms of the
covered contract containing such agreement, and irrespective of whether
the agreement purports to delegate such determinations to an
arbitrator.
``(e) Applicability.--This section shall apply with respect to
contracts entered into, or renewed, on or after the date of the
enactment of the Cruise Passenger Protection Act of 2024.''.
SEC. 102. CRUISE LINE PASSENGER BILL OF RIGHTS; ADVISORY COMMITTEE FOR
COVERED PASSENGER VESSEL CONSUMER PROTECTION.
(a) Bill of Rights.--
(1) Enforceability.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Transportation,
acting through the Assistant General Counsel for the Office of
Maritime Consumer Protection, 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,
acting through the Assistant General Counsel for the Office of
Maritime Consumer Protection, shall include in the standards
developed under section 16104(a) of title 46, United States
Code, a statement informing a prospective passenger--
(A) which rights referred to in paragraph (1) are
legally enforceable; and
(B) how a passenger or prospective passenger might
pursue such enforcement, including identifying any
action, including a private cause of action, an
administrative action, or any other method of
enforcement, that may be taken or pursued.
(b) Advisory Committee for Covered Passenger Vessel Consumer
Protection.--
(1) Definition of covered passenger vessel.--In this
subsection, the term ``covered passenger vessel'' means a
passenger vessel or small passenger vessel to which chapter 161
of title 46, United States Code, applies.
(2) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation, acting
through the Assistant General Counsel for the Office of
Maritime Consumer Protection, shall establish an advisory
committee for covered 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.
(3) Membership.--
(A) In general.--By not later than 180 days after
the date of enactment of this Act, the Secretary of
Transportation shall appoint the members of the
advisory committee, which shall be comprised of 1
representative each of--
(i) owners of passenger vessels, as defined
in section 2101 of title 46, United States
Code;
(ii) owners of small passenger vessels, as
defined in such section;
(iii) international industry-related
associations;
(iv) State or local governments with
expertise in consumer protection matters;
(v) nonprofit public interest groups with
expertise in consumer protection matters;
(vi) nonprofit public interest groups with
expertise in victim assistance; and
(vii) relevant Federal agencies, as
determined by the Secretary of Transportation.
(B) Vacancies.--A vacancy in the advisory committee
shall be filled in the manner in which the original
appointment was made.
(C) Chair.--The Secretary of Transportation shall
designate, from among the individuals appointed under
subparagraph (A), an individual to serve as chair of
the advisory committee.
(4) Meetings.--The advisory committee shall meet at the
call of the chair of the advisory committee, but not less
frequently than annually.
(5) 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.
(6) Duties.--The advisory committee shall--
(A) evaluate existing consumer protection programs
or services for covered passenger vessels;
(B) recommend to the Secretary of Transportation--
(i) improvements needed to the programs or
services under subparagraph (A), as necessary;
and
(ii) any additional consumer protection
programs or services for covered passenger
vessels, as necessary;
(C) not later than 1 year after the date on which
the committee is established under paragraph (2),
recommend to the Secretary of Transportation which key
terms in a passage contract for a covered passenger
vessel should be highlighted before such terms are
binding, such as--
(i) products and services available on
board the covered passenger vessel for an
undisclosed cost or fee or that otherwise are
not included in the price of passage;
(ii) the country under which the covered
passenger vessel is registered or flagged;
(iii) a statement that, under certain
circumstances, a passenger on a covered
passenger vessel may be subject to the law of a
foreign country;
(iv) the covered passenger vessel may not
accept responsibility for any health care
services provided to a passenger by medical
staff on board the covered passenger vessel;
(v) the maximum amount an owner of a
covered 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 covered passenger vessel; and
(D) annually for the 5-year period beginning on the
date on which the advisory committee is established,
and periodically thereafter as the advisory committee
determines necessary, review the recommendations
described in subparagraphs (B) and (C) and submit any
recommended updates to the Secretary of Transportation.
(7) Report to congress.--Not later than 30 days after the
Secretary of Transportation receives recommendations, including
updated recommendations, under paragraph (6) from the advisory
committee, the Secretary shall submit to Congress a report that
contains--
(A) such recommendations of the advisory committee;
(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) Termination.--The advisory committee shall terminate on
the date that is 15 years after the date of enactment of this
Act.
SEC. 103. ASSISTANCE TO VICTIMS OF CRIMES ON BOARD CERTAIN PASSENGER
VESSELS.
(a) Authority To Provide Assistance to Victims of Crimes on Board
Passenger Vessels.--Chapter 161, as added by section 101 of this Act,
is further amended by adding at the end the following:
``Sec. 16106. Assistance to victims of crimes on board certain
passenger vessels
``(a) Purpose.--The purpose of this section is to provide to an
applicable 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) Establishment.--There shall be a director of victim
support services of the Office.
``(2) Designation; public outreach.--
``(A) Interim director.--Not later than 30 days
after the date of enactment of the Cruise Passenger
Protection Act of 2024, the Secretary shall designate
an employee of the Department of Transportation as the
interim director of victim support services, who shall
serve in such position until a final designation or
appointment is made under subparagraph (B).
``(B) Final designation and public outreach.--Not
later than 180 days after the date of enactment of the
Cruise Passenger Protection Act of 2024, the Secretary,
in consultation with the Department of Justice and
other relevant Federal agencies, shall--
``(i) appoint an individual to serve as the
director of victim support; and
``(ii) determine an effective way to
publicize the toll-free telephone number under
subsection (c) and the availability of support
services under this section.
``(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
applicable 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 an applicable
passenger described in subsection (a) to obtain the
appropriate types of support services described in
subsection (d);
``(D) recommend a process for an applicable
passenger described in subsection (a) to obtain an
appropriate continuum of care;
``(E) recommend a process for an applicable
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 an applicable passenger immediately after the
vessel is notified that the passenger is an alleged
victim of an incident described in section
3523(g)(3)(A)(i);
``(G) periodically update that guidance, as
necessary; and
``(H) be the primary liaison between an applicable
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 shall establish a
toll-free telephone number, available 24 hours each day, that an
applicable 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 an applicable
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 applicable 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
enactment of the Cruise Passenger Protection Act of 2024, the
Secretary, acting through the Assistant General Counsel and 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 considers
necessary, shall--
``(1) determine what rights an applicable 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 an applicable 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 an applicable 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 applicable passenger.
``(g) Use of Passenger Vessel Resources.--As appropriate, the
resources of the passenger vessel shall be used to the greatest extent
possible to carry out the purpose of 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 an applicable 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, acting through the
Assistant General Counsel, 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 shall ensure that the data
described in paragraph (1)--
``(A) is updated not less frequently than monthly;
``(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 Office of Maritime Consumer
Protection under paragraph (1) on each Internet website that
the owner maintains for prospective applicable passengers to
purchase or book passage on the passenger vessel.
``(j) Regulations.--The Secretary shall issue such regulations as
are necessary to implement this section.''.
(b) Study.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Transportation, acting through the Assistant
General Counsel for the Office of Maritime Consumer Protection and 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, or certain
categories of passenger vessels, to which chapter 161 applies
to provide victim support services, including the support
services under section 16106(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.
SEC. 104. CLERICAL AMENDMENTS.
(a) Title 46 Table of Chapters.--The table of chapters for subtitle
II is amended by adding at the end the following:
``Part L--Office of Maritime Consumer Protection
``161. Office of Maritime Consumer Protection.............. 16101''.
(b) Table of Sections.--The table of sections at the beginning of
chapter 161, as added by section 101 of this Act, is further amended by
adding at the end the following:
``16106. Assistance to victims of crimes on board certain passenger
vessels.''.
TITLE II--CRUISE VESSEL PASSENGER IMPROVEMENTS
SEC. 201. CRUISE VESSEL CHAPTER ORGANIZATION, APPLICATION, AND
DEFINITIONS.
(a) Subchapter Organization.--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, 3508, 3509, and 3510 as
sections 3523, 3524, 3525, and 3526, respectively.
(b) Application.--Chapter 35, as amended by subsection (a), is
further amended by inserting before section 3523 the following:
``Sec. 3521. Application
``(a) In General.--This subchapter applies to a passenger vessel
that--
``(1) is authorized to carry at least 250 passengers;
``(2) has onboard sleeping facilities for each passenger;
and
``(3) is on a voyage that embarks or disembarks passengers
in the United States.
``(b) Federal and State Vessels.--Notwithstanding subsection (a),
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.''.
(c) Definitions.--Chapter 35, as amended by subsections (a) and
(b), is further amended by inserting after section 3521, as added by
subsection (b), 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) Owner.--The term `owner' means the owner, charterer,
managing operator, master, or other individual in charge of a
vessel.
``(3) Applicable passenger.--The term `applicable
passenger' means a passenger carried on a passenger vessel who
is a citizen of the United States.
``(4) Physician.--The term `physician' means a doctor of
medicine or doctor of osteopathic medicine who--
``(A) has at least 3 years of post-graduate, post-
registration experience in general and emergency
medicine; or
``(B) is certified by the American Board of Medical
Specialties, or any other certifying body designated by
the Secretary, in emergency medicine, family medicine,
or internal medicine.
``(5) Qualified medical staff member.--The term `qualified
medical staff member' means a medical professional certified in
advanced cardiovascular life support and advanced trauma life
support training.''.
SEC. 202. 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
201(a)(3) of this Act, 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 available the log book
described in subparagraph (A), the Captain's log, the security
log, the engine room log, all other logs, and all entries of
the log books or logs described in this subparagraph, 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), as redesignated under section
201(a)(3) of this Act, is amended--
(1) in subparagraph (A)(i)--
(A) by striking ``shall contact'' and inserting
``subject to subparagraph (C), shall contact''; and
(B) 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''; and
(2) in subparagraph (B)(i), by striking ``admiralty and
maritime jurisdiction of the United States and outside the
jurisdiction of any State'' and inserting ``special maritime
and territorial jurisdiction of the United States, as defined
in section 7 of title 18,''.
(c) Crime Reporting Guidelines.--Section 3523(g)(1)(A), as
redesignated under section 201(a)(3) of this Act 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 201(a)(3) of this Act, 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 special maritime and territorial
jurisdiction of the United States, as defined in
section 7 of title 18, 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 as soon as possible, but not later than 4 hours
after arrival at the port.''.
(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 16106(i)''; and
(2) in clause (iii), by striking ``under paragraph (4)(A)''
and inserting ``under section 16106(i)''.
(g) Availability of Security Guide Via Internet.--Section
3523(c)(1), as redesignated under section 201(a)(3) 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 vessel owner
maintains for applicable passengers to purchase or book passage
on a passenger vessel''.
(h) Reporting Requirements.--Section 3523, as redesignated under
section 201(a)(3) 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 subsection
(g) 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.
``(2) Effect on other reporting requirements.--
Requirements under this subsection supplement and do not amend,
or serve as a substitute for, the reporting requirements of
section 10104 of this title or any other provision of law.''.
SEC. 203. CRIME PREVENTION, DOCUMENTATION, AND RESPONSE REQUIREMENTS.
(a) Maintenance and Placement of Video Surveillance Equipment.--
Section 3523(b)(1)(B), as redesignated under section 201(a)(3) of this
Act, is amended--
(1) in subclause (II) of clause (ii), by striking ``to the
maximum extent practicable'';
(2) by redesignating subclause (IV) of clause (ii) as
clause (iii), and adjusting the margins appropriately;
(3) by inserting after subclause (III) of clause (ii) the
following:
``(IV) incorporate the feedback and
suggestions from the results of the
independent third party risk assessment
to provide optimum surveillance that
complies with the guidance from the
Commandant.''; and
(4) in clause (iii), as redesignated by paragraph (2), by
striking ``the independent party referred to in paragraph (C)''
and inserting the following: ``Independent third party.--The
independent party referred to in clause (ii)(III)''.
(b) Access to Video Records.--Section 3523(b)(3)(B), as
redesignated under section 201(a)(3) of this Act, is further amended--
(1) in the matter preceding clause (i), by striking
``Except as proscribed by law enforcement authorities or court
order, the'' and inserting ``The''; and
(2) in clause (ii), by striking ``of any sexual assault
incident''.
(c) Notice of Video Surveillance.--Section 3523(b)(2), as
redesignated under section 201(a)(3) of this Act, is further amended by
striking ``this section applies'' and inserting ``this subchapter
applies''.
(d) Retention Requirements.--Section 3523(b)(4), as redesignated
under section 201(a)(3) of this Act, is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margins
appropriately;
(2) by striking ``The owner of a vessel to which this
section applies'' and inserting the following:
``(A) In general.--The owner of a vessel to which
this subchapter applies'';
(3) by striking ``20 days after the footage is obtained''
and inserting ``1 year after completion of the voyage'';
(4) in clause (ii) of subparagraph (A), as redesignated by
this subsection, by striking ``4 years'' and inserting ``5
years''; and
(5) by adding at the end the following:
``(B) Interim standards.--Not later than 180 days
after the date of enactment of the Cruise Passenger
Protection Act of 2024, 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 enactment of the Cruise Passenger
Protection Act of 2024, 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
201(a)(3) of this Act, is amended by striking ``or detecting passengers
who have fallen overboard,'' and inserting ``and detecting passengers
who have fallen overboard, as certified by an independent third party
accepted by a classification society that is a member of the
International Association of Classification Societies or another
classification society recognized by the Secretary pursuant to section
3316(b) of this title,''.
(f) Criminal Activity Prevention and Response Guide.--Section
3523(c)(1), as amended by section 202(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 16106, 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 16106(e);
``(iv) includes the summary under section
16104(a);
``(v) includes the toll-free hotline
telephone number and consumer complaints
Internet website link under section
16104(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 16106(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;'';
(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''.
(g) Maintenance of Supplies To Prevent Sexually Transmitted
Diseases.--Section 3523(d)(1), as redesignated by section 201(a)(3) 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''.
(h) Sexual Assault; Contact Information.--Section 3523(d)(5)(A), as
redesignated by section 201(a)(3) of this Act, is amended by striking
``the United States Coast Guard,''.
(i) Sexual Assault; Private Telephone Line.--Section 3523(d)(5)(B),
as redesignated by section 201(a)(3) of this Act, is amended by
inserting ``under section 16106 or'' after ``the information and
support services available''.
(j) Crime Scene Preservation Training.--Not later than 180 days
after the date of enactment of this Act, the Secretary of the
department in which the Coast Guard is operating shall--
(1) promulgate a rule establishing the 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, as required under
subsection (a) of section 3524 of title 46, United States Code
(as redesignated by section 201(a)(3) of this Act); and
(2) publish the rule and the most recent curricula
described in paragraph (1) on the website of the department.
(k) Crew Access to Passenger Staterooms; Procedures and
Restrictions.--Section 3523(f)(2), as redesignated by section 201(a)(3)
of this Act, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and'' at the
end; and
(B) by inserting after subparagraph (B) the
following:
``(C) a system that electronically records the
date, time, and identity of each crew member accessing
each passenger stateroom; and''; and
(2) by striking paragraph (2) and inserting the following:
``(2) ensure that the procedures and restrictions are--
``(A) fully and properly implemented;
``(B) reviewed annually; and
``(C) updated as necessary.''.
(l) Requirements for Reporting.--Subsection (i) of section 3523, as
added by section 202(h) of this Act, is further amended by adding at
the end the following:
``(3) Applicability of requirements.--Any reporting
requirement under this section relating to an incident
specified in subsection (g)(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. 204. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS.
(a) Vessel Design, Equipment, Construction, and Retrofitting
Requirements.--Section 3523(a), as redesignated by section 201(a)(3) 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;
``(B) shall maintain a record of each waiver under
subparagraph (A); and
``(C) shall include in such record the
justification for the waiver.''.
(b) Medical Standards.--
(1) Medical standards.--Section 3525, as redesignated by
section 201(a)(3) of this Act, is amended--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(B) by inserting after paragraph (1) the following:
``(2) 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 regulation by
the Secretary, in consultation with the Secretary of Health and
Human Services;'';
(C) in paragraph (3), as redesignated by
subparagraph (A), by striking ``; and'' and inserting
``or any successor standard;'';
(D) in paragraph (4), as redesignated by
subparagraph (A)--
(i) in subparagraph (A), by striking
``and'' after the semicolon;
(ii) in subparagraph (B), by striking the
period and inserting a semicolon; and
(iii) by adding at the end the following:
``(C) the location and proper use of automated
external defibrillators; and
``(D) the proper way to report an incident or to
seek security assistance in the event of a medical
emergency;''; and
(E) by adding at the end the following:
``(5) 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--
``(A) such request is granted--
``(i) unless--
``(I) the vessel comes within the
domestic jurisdiction of a country that
requires human remains to be removed
from a vessel or requires human remains
to undergo post-mortem offshore
autopsy; or
``(II) the vessel is scheduled to
enter the domestic jurisdiction of such
a country as part of the scheduled
voyage; and
``(ii) except that, in cases in which the
vessel is not scheduled to return to a United
States port for 21 or more days after the
citizen's death, arrangements may be made to
return the body on a different appropriate
vessel; and
``(B) the owner of the vessel pays for any
transportation costs related to the return;
``(6) every crew member on the vessel has received basic
life support training and is certified in cardiopulmonary
resuscitation; and
``(7) every passenger-facing 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, including--
``(A) at least a `Basic' score on the Test of
English as a Foreign Language for both listening and
speaking;
``(B) at least a `4 Skill Level' score on the
International English Language Testing System for both
listening and speaking; or
``(C) at least a basic level of proficiency for
listening and speaking on another test of the English
Language designated by the Secretary.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date that is 180 days after the date
of enactment of this Act.
SEC. 205. ENFORCEMENT.
(a) Penalties for Violation of Passenger Vessel Security and Safety
Requirements.--Section 3523(h)(1)(A), as redesignated by section
201(a)(3) of this Act, is amended by striking ``, except that'' and all
that follows through ``$50,000''.
(b) Information Sharing.--Subchapter II of chapter 35, as amended
by this Act, is further amended by adding at the end the following:
``Sec. 3527. Information sharing
``(a) 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 this subchapter. The provision by the head of a designated agency of
any information under this section to another head of a designated
agency shall not constitute a waiver of, or otherwise effect, any
privilege any agency or person may claim with respect to that
information under Federal or State law.
``(b) Definition of Head of a Designated Agency.--In this section,
the term `head of a designated agency' means the Secretary of
Transportation, the Secretary of Homeland Security, or the Attorney
General.''.
(c) Enforcement.--Subchapter II of chapter 35, as amended by this
Act, is further amended by adding at the end the following:
``Sec. 3528. 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 chapter 161; or
``(2) fails to pay a penalty imposed on the owner under
this subchapter or chapter 161.
``(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 it is made aware by the
Secretary of the Department of Transportation or the Attorney General
that the owner of the vessel--
``(1) commits an act or omission for which a penalty may be
imposed under this subchapter or chapter 161; or
``(2) fails to pay a penalty imposed on the owner under
this subchapter or chapter 161.''.
SEC. 206. 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'';
(2) in section 3524, by striking ``to which this section
applies'' each place such phrase appears and inserting ``to
which this subchapter applies'';
(3) in section 3525, by striking ``to which section 3507
applies'' and inserting ``to which this subchapter applies'';
and
(4) in section 3526--
(A) by striking ``to which section 3507 applies''
and inserting ``to which this subchapter applies'';
(B) by striking ``(a) Automated External
Defibrillators.--''; and
(C) by striking subsection (b).
(b) Availability of Incident Data Via Internet.--Section 3523(g),
as redesignated under section 201(a)(3) of this Act, is amended by
striking paragraph (4).
(c) Reporting Requirements.--Section 8440(c)(2) of the William M.
(Mac) Thornberry National Defense Authorization Act of 2021 is amended
by striking ``3507 of title 46, United States Code'' and inserting
``3523 of title 46, United States Code (designated as section 3507 of
such title before the date of enactment of the Cruise Passenger
Protection Act of 2024),''.
(d) Table of Contents.--The table of sections for chapter 35 is
amended--
(1) by inserting before the item relating to section 3501
the following:
``subchapter i-general provisions'';
(2) by inserting after the item relating to section 3506
the following:
``subchapter ii-cruise vessels'';
and
(3) by striking the items relating to sections 3507, 3508,
3509, and 3510 and inserting the following:
``3521. Application.
``3522. Definitions.
``3523. Passenger vessel security and safety requirements.
``3524. Crime scene preservation training for passenger vessel
crewmembers.
``3525. Medical standards.
``3526. Additional medical and safety standards.
``3527. Information sharing.
``3528. Refusal of clearance; denial of entry.''.
<all>