[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3475 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3475

   To amend title 46, United States Code, to provide protections for 
           cruise vessel passengers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 13, 2013

  Mr. Garamendi (for himself and Ms. Matsui) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
   To amend title 46, United States Code, to provide protections for 
           cruise vessel passengers, 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.

    This Act may be cited as the ``Cruise Vessel Consumer Confidence 
Act of 2013''.

SEC. 2. CRUISE VESSEL PASSENGER PROTECTIONS.

    (a) In General.--Subtitle VIII of title 46, United States Code, is 
amended by adding at the end the following:

           ``CHAPTER 807--CRUISE VESSEL PASSENGER PROTECTIONS

``Sec.
``80701. Unfair or deceptive practices and unfair methods of 
                            competition.
``80702. Reimbursement for delays.
``80703. Customer service plans.
``80704. Passenger complaints.
``80705. Report.
``80706. Authorization of fees.
``80707. Definitions.
``Sec. 80701. Unfair or deceptive practices and unfair methods of 
              competition
    ``(a) In General.--The Federal Maritime Commission may investigate 
an action by an owner of a cruise vessel relating to the sale of a 
ticket for passenger travel on a cruise vessel to determine if such 
action is--
            ``(1) an unfair or deceptive practice; or
            ``(2) an unfair method of competition.
    ``(b) Origination of Investigations.--The Commission may conduct an 
investigation under subsection (a) on the initiative of the Commission 
or upon receiving a complaint submitted to the Commission.
    ``(c) Enforcement.--
            ``(1) In general.--If the Commission determines that an 
        action is an unfair or deceptive practice or an unfair method 
        of competition under this section, the Commission, after notice 
        and an opportunity for a hearing--
                    ``(A) shall order the owner of a cruise vessel 
                carrying out such action to cease such action; and
                    ``(B) if such owner violates the order under 
                subparagraph (A), may impose on such owner a civil 
                penalty of not more than $25,000.
            ``(2) Continuing violations.--For purposes of paragraph 
        (1)(B), each day of a continuing violation shall be treated as 
        a separate violation.
    ``(d) Disclosure Requirements.--
            ``(1) In general.--It shall be an unfair or deceptive 
        practice for purposes of subsection (a) for any owner of a 
        cruise vessel offering to sell a ticket for passenger travel on 
        a cruise vessel to fail to disclose, in writing, prior to such 
        offer--
                    ``(A) the name of the cruise vessel on which the 
                travel will take place;
                    ``(B) the casualty history of the cruise vessel, 
                including an identification of all man overboard 
                instances;
                    ``(C) a list of all complaints of crimes committed 
                on any voyage of the cruise vessel that embarked or 
                disembarked passengers in the United States, including 
                all incidents reported to the Federal Bureau of 
                Investigation without regard to investigative status, 
                which shall indicate, for each complaint--
                            ``(i) whether a crew member was involved;
                            ``(ii) whether a passenger was involved; 
                        and
                            ``(iii) whether a minor was involved;
                    ``(D) the number of gastric illness outbreaks on 
                the cruise vessel for which the Centers for Disease 
                Control and Prevention required--
                            ``(i) reporting of an outbreak to the 
                        Centers; or
                            ``(ii) quarantining more than 10 
                        passengers;
                    ``(E) the number and length of delays of the cruise 
                vessel due to mechanical failures;
                    ``(F) the country under the laws of which the 
                cruise vessel is documented;
                    ``(G) where criminal and civil investigations and 
                proceedings will be held for incidents that occur 
                outside of United States waters;
                    ``(H) a statement of whether the ticket price 
                includes all applicable taxes and fees, including taxes 
                and fees relating to ports of call;
                    ``(I) an estimate of all applicable taxes and fees, 
                including taxes and fees relating to ports of call;
                    ``(J) any other material condition of the travel 
                determined appropriate for disclosure by the 
                Commission; and
                    ``(K) instructions to passengers on how to file 
                complaints with the Commission regarding the cruise 
                vessel and any violations of this chapter.
            ``(2) Internet offers.--In the case of an offer to sell 
        tickets for passenger travel on a cruise vessel through an 
        Internet Web site, disclosure of the information required under 
        paragraph (1) shall be--
                    ``(A) provided on the first display of the Web site 
                that follows a search of a requested itinerary; and
                    ``(B) in a format that is easily visible to a 
                viewer.
    ``(e) Electronic Tickets.--It shall be an unfair or deceptive 
practice for purposes of subsection (a) for any owner of a cruise 
vessel offering to sell a ticket for passenger travel on a cruise 
vessel through an Internet Web site to require that the ticket 
purchaser provide a printed version of that ticket for such travel if 
the purchaser is able to provide identification determined appropriate 
by the Commission at the time of such travel.
``Sec. 80702. Reimbursement for delays
    ``(a) In General.--The Federal Maritime Commission shall establish 
a process to ensure that, in any case in which the initial departure or 
the final disembarking of a cruise vessel for a cruise is delayed for a 
period of more than 24 hours, a passenger with a ticket for the vessel 
subject to such delay is reimbursed by an owner of the vessel in an 
amount that--
            ``(1) if the delay is more than 24 hours but less than 48 
        hours, is equal to the lesser of--
                    ``(A) half the price of the ticket of the 
                passenger; or
                    ``(B) $500; or
            ``(2) if the delay is 48 hours or more, is equal to the 
        price of the ticket of the passenger.
    ``(b) Exceptions.--The Commission shall ensure that the process 
under subsection (a) establishes appropriate exceptions for delays that 
are the result of an unforeseeable event and are not related to a 
mechanical failure, including--
            ``(1) inclement weather;
            ``(2) political unrest;
            ``(3) piracy; or
            ``(4) an action necessary to preserve the safety of 
        passengers.
    ``(c) Enforcement.--If the Commission determines that an owner of a 
cruise vessel failed to reimburse a passenger as required under this 
section, the Commission, after notice and an opportunity for a hearing, 
may impose on such person a civil penalty of not more than $25,000.
``Sec. 80703. Customer service plans
    ``(a) In General.--An owner of a cruise vessel shall submit to the 
Federal Maritime Commission a plan with respect to customer service 
that includes processes for--
            ``(1) appropriately notifying passengers of delays and 
        cancellations;
            ``(2) ensuring transparent cancellation policies;
            ``(3) issuing prompt ticket refunds after cancellations;
            ``(4) properly accommodating passengers with disabilities 
        or special needs;
            ``(5) ensuring responsiveness to passenger complaints;
            ``(6) notifying passengers in a timely manner of changes to 
        planned itineraries or ports of call; and
            ``(7) meeting the essential needs of passengers during 
        lengthy delays, including by providing access to--
                    ``(A) adequate food and potable water;
                    ``(B) adequate restroom facilities;
                    ``(C) electrical power;
                    ``(D) real-time updates with respect to the delay;
                    ``(E) cabin ventilation and comfortable cabin 
                temperatures; and
                    ``(F) necessary medical treatment.
    ``(b) Ticket Contracts.--
            ``(1) Incorporation.--An owner of a cruise vessel shall 
        incorporate the plan submitted under subsection (a) into the 
        ticket contract of that owner.
            ``(2) Availability on internet.--An owner of a cruise 
        vessel shall make the ticket contract of that owner, including 
        the plan submitted under subsection (a), available on the Web 
        site of that owner in an easily accessible form.
    ``(c) Review.--The Commission shall review each plan submitted 
under subsection (a) to determine if such plan is complete and may 
require modifications of that plan for completeness as the Commission 
determines necessary.
    ``(d) Timing.--
            ``(1) Initial submission of plans.--An owner of a cruise 
        vessel shall submit a plan under subsection (a) with respect to 
        the vessel--
                    ``(A) if the vessel is owned or operated by the 
                owner on the date of enactment of this section, not 
                later than 120 days after such date of enactment; and
                    ``(B) if ownership or operation of the vessel is 
                acquired by the owner after the date of enactment of 
                this section, not later than 120 days after the date of 
                such acquisition.
            ``(2) Review of plans.--The Commission shall determine the 
        completeness of each plan submitted to the Commission under 
        subsection (a) not later than 120 days after receiving such 
        plan.
    ``(e) Updates.--The Commission may periodically review plans 
submitted under subsection (a) for completeness and require updates of 
such plans as the Commission determines necessary.
    ``(f) Guidance.--Not later than 90 days after the date of enactment 
of this section, the Commission shall issue guidance with respect to 
the plans required under this section, which shall include information 
regarding--
            ``(1) plan elements and the requirements for each of those 
        elements; and
            ``(2) filing of the plans, including contact information.
    ``(g) Enforcement.--
            ``(1) In general.--The Commission may impose, after notice 
        and an opportunity for a hearing, on any owner of a cruise 
        vessel who violates this section and any owner of a cruise 
        vessel determined to be operating in violation of a plan 
        submitted under this section, a civil penalty of not more than 
        $25,000.
            ``(2) Continuing violations.--For purposes of paragraph 
        (1), each day of a continuing violation shall be treated as a 
        separate violation.
``Sec. 80704. Passenger complaints
    ``(a) In General.--The Federal Maritime Commission shall establish 
a process for cruise vessel passengers to report to the Commission 
complaints relating to subjects addressed under this chapter, which 
shall include a telephone number, an email address, and other 
appropriate electronic means for complaint submission.
    ``(b) Notice.--The Commission shall notify the public and require 
cruise vessel owners to notify passengers of the process established 
under subsection (a).
``Sec. 80705. Report
    ``Not later than 3 years after the date of enactment of this 
section, and every 3 years thereafter, the Federal Maritime Commission 
shall submit to Congress a report on the implementation of this chapter 
by the Commission, including any penalties imposed under this chapter.
``Sec. 80706. Authorization of fees
    ``(a) In General.--The Federal Maritime Commission may establish, 
adjust, and collect fees in cruise vessel ticket prices to fund the 
implementation of this chapter.
    ``(b) Relationship to Costs.--The Federal Maritime Commission shall 
ensure that fees under subsection (a) are reasonably related to the 
costs incurred by the Commission in implementing this chapter.
    ``(c) Limitations on Judicial Review.--The following shall not be 
subject to judicial review:
            ``(1) The establishment or adjustment of a fee by the 
        Commission under this section.
            ``(2) The validity of a determination by the Commission for 
        purposes of this section of the costs to implement this chapter 
        and the processes and procedures applied by the Commission in 
        reaching such determination.
            ``(3) The allocation of costs by the Commission to services 
        it provides pursuant to this chapter and the processes and 
        procedures applied by the Commission in establishing such 
        allocation.
    ``(d) Costs Defined.--In this section, the term `costs' includes 
operation and maintenance costs, leasing costs, and overhead expenses 
associated with services provided by the Federal Maritime Commission 
under this chapter and the facilities and equipment used in providing 
such services.
``Sec. 80707. Definitions
    ``In this chapter, the following definitions apply:
            ``(1) Cruise vessel.--The term `cruise vessel' means a 
        passenger vessel (as defined in section 2101(22)) that--
                    ``(A) is authorized to carry at least 250 
                passengers;
                    ``(B) has onboard sleeping facilities for each 
                passenger; and
                    ``(C) is used for voyages that embark or disembark 
                passengers in the United States.
            ``(2) Mechanical failure.--The term `mechanical failure' 
        means, with respect to a cruise vessel, the failure of any 
        machine or mechanical system of that vessel to function within 
        the parameters that the manufacturer or engineer of that 
        machine or system has specified is normal.
            ``(3) Owner.--The term `owner' means, with respect to a 
        cruise vessel, the owner, charterer, managing operator, master, 
        or other individual in charge of the vessel.''.
    (b) Clerical Amendment.--The analysis for subtitle VIII of title 
46, United States Code, is amended by adding after the item relating to 
chapter 805 the following:

        ``807. Cruise Vessel Passenger Protections.........    80701''.
    (c) Rule of Construction.--Nothing in this section, including any 
amendment made in this section, may be construed to eliminate or 
replace authority provided to a department or agency under other 
Federal or State law.
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