[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3142 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 3142

    To improve passenger vessel security and safety, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 21, 2015

 Ms. Matsui (for herself, Mr. Poe of Texas, and Mr. Himes) 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''.
    (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 passenger vessel 
(as defined in section 2101(22)) that--
            ``(1) is authorized to carry at least 250 passengers;
            ``(2) has on board 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 
a vessel of the United States operated by the Federal Government or a 
vessel owned and operated by a State.''.

SEC. 4. DEFINITIONS.

    Chapter 35, as amended by section 3 of this Act, is further amended 
by inserting after section 3521 the following:
``Sec. 3522. Definitions
    ``In this subchapter:
            ``(1) Commandant.--The term `Commandant' means the 
        Commandant of the Coast Guard.
            ``(2) Owner.--The term `owner' means the owner, charterer, 
        managing operator, master, or other individual in charge of a 
        vessel.
            ``(3) Secretary.--Except as otherwise expressly provided, 
        the term `Secretary' means the Secretary of the department in 
        which the Coast Guard is operating.''.

SEC. 5. BILL OF RIGHTS.

    Not later than 180 days after the date of enactment of the Cruise 
Passenger Protection Act, the Secretary of Transportation shall 
determine whether any of the enumerated rights in the international 
cruise line passenger bill of rights, that was adopted by the members 
of the Cruise Lines International Association, are enforceable under 
Federal law.

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 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 the log book and all entries 
        therein available, whether the log book and 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 of this Act, 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) Reports Before Departure.--Section 3523(g)(3), as redesignated 
under section 2 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 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.''.
    (d) Reports to United States Consulates.--Section 3523(g)(3), as 
redesignated under section 2 of this Act and as amended by subsection 
(c) of this section, is further amended by adding at the end the 
following:
                    ``(D) Reports to united states consulates.--If an 
                incident under 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).''.
    (e) Reports to Secretary of Transportation; Incidents and 
Details.--Section 3523(g)(3)(A), as redesignated under section 2 of 
this Act, is amended--
            (1) in clause (ii), by striking ``the incident to an 
        Internet based portal maintained by the Secretary'' and 
        inserting ``each incident under clause (i), including the 
        details under paragraph (2), to the Internet based portal 
        maintained by the Secretary of Transportation under section 
        3525(a)''; and
            (2) in clause (iii), by striking ``by the Secretary'' and 
        inserting ``by the Secretary of Transportation under section 
        3525(a)''.
    (f) 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 ``via 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''.

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 inserting ``(A) In general.--'' before ``The owner'' 
        and resetting the text accordingly;
            (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, is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) in paragraph (3), as redesignated--
                    (A) by inserting ``(A) Law enforcement.--'' before 
                ``The owner'' and resetting the text accordingly; 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 amended by 
subsection (b) of this section, is further amended by inserting before 
paragraph (3), 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 amended by 
subsection (b) of 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 30 
                days after the 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 enactment of the Cruise Passenger 
                Protection Act, 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, 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) Authority To Provide Assistance to Victims of Crimes on Board 
Passenger Vessels.--Chapter 35 is further amended by adding at the end 
the following:

``SEC. 3525. ASSISTANCE TO VICTIMS OF CRIMES ON BOARD CERTAIN PASSENGER 
              VESSELS.

    ``(a) 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 paragraph (3) of that 
        section. Each such incident shall be included in the 
        statistical compilation irrespective of its investigative 
        status. The data shall be updated not less frequently than 
        quarterly, be aggregated by the cruise line, identify each 
        cruise line by name, identify each crime and alleged crime as 
        to whether it was committed or allegedly committed by a 
        passenger or crew member, identify each crime and alleged crime 
        as to whether it was committed or allegedly committed against a 
        minor, and identify the number of alleged individuals 
        overboard. The Secretary of Transportation shall ensure that 
        the compilation, data, and any other information provided on 
        the Internet website is in a user-friendly format.
            ``(2) 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.
    ``(b) Regulations.--The Secretary of Transportation shall issue 
such regulations as are necessary to implement this section.''.
    (f) Study.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation, in coordination with the 
Secretary of the department in which the Coast Guard is operating, 
Attorney General, and heads of other relevant Federal agencies, shall 
conduct a study to determine the feasibility of having an individual on 
board each passenger vessel to provide victim support services and 
related safety and security services, and shall report the findings to 
Congress. The study shall include consideration of the cost, the 
benefit to passengers, jurisdiction, and logistics.
    (g) Criminal Activity Prevention and Response Guide.--Section 
3523(c)(1), as amended by section 6(f) of this Act, is further amended 
by amending subparagraph (B) to read as follows:
                    ``(B) provide a copy of the security guide to--
                            ``(i) the Secretary of Transportation for 
                        review;
                            ``(ii) the Federal Bureau of Investigation 
                        for comment; and
                            ``(iii) a passenger immediately after the 
                        vessel is notified that the passenger is an 
                        alleged victim of an incident described under 
                        subsection (g)(3)(A)(i); and''.
    (h) 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''.
    (i) 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''.
    (j) Crew Access to Passenger Staterooms; Procedures and 
Restrictions.--Section 3523(f), as redesignated by section 2 of this 
Act, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``and'' at the end subparagraph 
                (A); and
                    (B) by adding at the end the following:
                    ``(C) a system that electronically records the 
                date, time, and identity of each crew member accessing 
                each passenger stateroom; and''; and
            (2) in paragraph (2), by striking ``are fully and properly 
        implemented and periodically reviewed.'' and inserting ``are 
        fully and properly implemented, reviewed annually, and updated 
        as necessary.''.
    (k) Technology for Detecting Passengers Who Have Fallen Overboard 
Required.--Section 3523(a)(1)(D), as redesignated by section 2 of this 
Act, is amended by striking ``or'' and inserting ``and''.

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 striking the period at the end and 
                        inserting ``unless the height requirement would 
                        interfere with the deployment of a lifesaving 
                        device or other emergency equipment as 
                        identified by the Commandant.''; and
                    (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
            (2) by adding at the end the following:
            ``(4) 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 each waiver under subparagraph 
                (A).''.
    (b) Medical Standards.--
            (1) In general.--Section 3523, as amended by section 2 of 
        this Act, is amended--
                    (A) by redesignating subsection (l) as subsection 
                (m); and
                    (B) by inserting after subsection (k) the 
                following:
    ``(l) 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 is a sufficient number of qualified 
                medical staff on board the vessel to treat the number 
                of passengers who may be on board the vessel, as 
                determined by the Secretary by regulation;
                    ``(C) 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 board the 
                vessel, such request is granted;
                    ``(D) every crew member on board the vessel has 
                received basic life support training and is certified 
                in cardiopulmonary resuscitation;
                    ``(E) automated external defibrillators are--
                            ``(i) placed throughout the vessel in 
                        clearly designated locations; and
                            ``(ii) available for passenger access in 
                        the event of an emergency; and
                    ``(F) the initial safety briefing given to the 
                passengers on board 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) Physician defined.--In this subsection the term 
        `physician' means a medical doctor who--
                    ``(A) has at least 3 years of post-graduate, post-
                registration experience in general and emergency 
                medicine; or
                    ``(B) is board certified in emergency medicine, 
                family medicine, or internal medicine.''.
            (2) Application.--The amendment made by paragraph (1)(B) 
        shall apply on and after the date that is 180 days after the 
        date of the enactment of this Act.
    (c) Definition of Exterior Deck.--Section 3523, as redesignated by 
section 2 of this Act, is amended by striking subsection (m), as 
redeisgnated by subsection (b) of this section, and inserting the 
following:
    ``(l) Definition of Exterior Deck.--In this section, 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.''.

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, Secretary of Homeland Security, or 
        Attorney General.
    (b) Passenger Vessel Security and Safety Requirements; Denial of 
Entry.--Section 3523(h), as redesignated by section 2 of this Act, is 
amended--
            (1) by striking paragraph (2);
            (2) by striking ``Enforcement.--'' in the heading and 
        inserting ``Penalties.--'';
            (3) by striking ``(1) Penalties.--'' through ``(A) Civil 
        penalty.--'' and inserting ``(1) Civil penalty.--''; and
            (4) by redesignating subparagraph (B) as paragraph (2).
    (c) Denial of Entry.--Section 3524(f), as redesignated by section 2 
of this Act, is repealed.
    (d) Enforcement.--Chapter 35, as amended by section 7 of this Act, 
is further amended by adding at the end the following:
``Sec. 3526. 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.--
            (1) Section 3523, as redesignated by section 2 of this Act, 
        is amended--
                    (A) by striking subsection (k); and
                    (B) by redesignating subsection (l), as amended by 
                section 8 of this Act, as subsection (k).
            (2) Section 3523, as redesignated by section 2 of this Act, 
        is amended by striking ``to which this section applies'' each 
        place it appears and inserting ``to which this subchapter 
        applies''.
            (3) Section 3524, as redesignated by section 2 of this Act, 
        is amended by striking ``to which this section applies'' each 
        place it appears and inserting ``to which this subchapter 
        applies''.
    (b) Availability of Incident Data Via Internet.--Section 
3523(g)(4), as redesignated under section 2 of this Act, is repealed.
    (c) Elapsed Effective Dates.--Section 3523(a), as amended by 
section 8 of this Act, is further amended--
            (1) by striking paragraph (3); and
            (2) by redesignating paragraph (4) as paragraph (3).
    (d) Procedures.--Section 3523(i), as redesignated by section 2 of 
this Act, is amended by striking ``Within 6 months after the date of 
enactment of the Cruise Vessel Security and Safety Act of 2010, the'' 
and inserting ``The''.
    (e) 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. Assistance to victims of crimes on board certain passenger 
                            vessels.
``3526. Refusal of clearance; denial of entry.''.
                                 <all>