[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1673 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1673

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 24, 2015

 Mr. Blumenthal (for himself and Mr. Markey) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; 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 
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--
            ``(1) a vessel of the United States operated by the Federal 
        Government; or
            ``(2) a vessel owned and operated by a State.''.

SEC. 4. DEFINITIONS.

    Chapter 35, as amended by sections 2 and 3 of this Act, is further 
amended by inserting after section 3521, as added by section 3, the 
following:
``Sec. 3522. Definitions
    ``In this subchapter:
            ``(1) Commandant.--The term `Commandant' means the 
        Commandant of the Coast Guard.
            ``(2) 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.
            ``(3) 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.
            ``(4) Owner.--The term `owner' means the owner, charterer, 
        managing operator, master, or other individual in charge of a 
        vessel.
            ``(5) Passage contract.--The term `passage contract' means 
        a binding agreement for passage on a passenger vessel.
            ``(6) Passenger.--The term `passenger' means a citizen of 
        the United States carried on a passenger vessel.
            ``(7) Passenger vessel.--The term `passenger vessel' means 
        a passenger vessel to which this subchapter applies.''.

SEC. 5. PASSENGER VESSEL CONSUMER SERVICE IMPROVEMENTS.

    (a) In General.--Chapter 35, as amended by this Act, is further 
amended by adding at the end the following:
``Sec. 3525. Passenger vessel consumer service improvements
    ``(a) Passage Contracts.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Cruise Passenger Protection Act, the Secretary 
        of Transportation shall develop standards for use by an owner 
        of a passenger vessel to provide a prospective passenger with a 
        summary that highlights key terms in the passage contract and 
        before such terms are binding. In developing the standards, the 
        Secretary of Transportation may consult with other Federal 
        agencies, persons with expertise on admiralty and maritime law, 
        consumer advocates, industry representatives, and such other 
        persons as the Secretary of Transportation considers necessary.
            ``(2) Statute of limitations.--The statute of limitations 
        for filing a lawsuit against the owner of a passenger vessel, 
        which shall not be shorter than 3 years, shall be clearly 
        identified in the passage contract described in paragraph (1).
            ``(3) Recommendations.--The standards developed under 
        paragraph (1) shall include recommendations regarding--
                    ``(A) style, formatting, and placement that ensures 
                that the summary is conspicuous; and
                    ``(B) terminology that ensures that the summary 
                is--
                            ``(i) clear, unambiguous, and unmistakable; 
                        and
                            ``(ii) to the greatest extent possible, 
                        uniform, concise, and not complex.
            ``(4) Periodic review.--The Secretary of Transportation 
        shall periodically review and update, as appropriate, the 
        standards developed under paragraph (1).
            ``(5) Requirements.--Beginning on the date that is 180 days 
        after the date on which the standards are developed under 
        paragraph (1), an owner of a passenger vessel shall--
                    ``(A) provide each prospective passenger with a 
                summary in accordance with those standards;
                    ``(B) include a prominently accessible link to the 
                summary on each Internet website that the owner 
                maintains for prospective passengers to purchase or 
                book passage on the passenger vessel; and
                    ``(C) include the summary in any promotional 
                literature or advertising, through any medium of 
                communication in the United States offering passage or 
                soliciting passengers for ocean voyages anywhere in the 
                world, that the Secretary of Transportation considers 
                necessary to adequately notify a prospective passenger 
                of the key terms in the passage contract before such 
                terms are binding.
            ``(6) Preemption.--The standards developed under paragraph 
        (1) shall preempt any related State standards that require a 
        summary that provides less information to a prospective 
        passenger than the information required to be provided under 
        this subsection, as determined by the Secretary of 
        Transportation.
    ``(b) Consumer Complaints.--
            ``(1) Toll-free hotline; internet website link.--The 
        Secretary of Transportation shall--
                    ``(A) establish a consumer complaints toll-free 
                hotline telephone number for passenger use;
                    ``(B) establish a consumer complaints link for 
                passenger use on the Internet website maintained under 
                section 3526(i); and
                    ``(C) notify the public of--
                            ``(i) the telephone number established 
                        under subparagraph (A); and
                            ``(ii) the Internet website maintained 
                        under section 3526(i).
            ``(2) Website.--The Secretary of Transportation shall--
                    ``(A) maintain a statistical compilation of all 
                consumer complaints on the Internet website under 
                section 3526(i) that provides a numerical accounting of 
                each category of consumer complaint;
                    ``(B) update the data referred to in subparagraph 
                (A) not less frequently than quarterly;
                    ``(C) aggregate such data by passenger vessel; and
                    ``(D) identify each passenger vessel by name.
            ``(3) Investigations of consumer complaints.--The Secretary 
        of Transportation, in coordination with other relevant Federal 
        agencies, may investigate consumer complaints from passengers, 
        including--
                    ``(A) cancellations, delays, and port skipping;
                    ``(B) lost, damaged, and delayed baggage;
                    ``(C) conditions on board the passenger vessel;
                    ``(D) problems in obtaining refunds for unused or 
                lost tickets or fare adjustments;
                    ``(E) incorrect or incomplete information about 
                fares, discount fare conditions and availability, 
                overcharges, and fare increases;
                    ``(F) deceptive or misleading advertising; and
                    ``(G) compliance with Federal regulations.
            ``(4) Referral to federal agency.--The Secretary of 
        Transportation may refer any complaint received under this 
        subsection to the Attorney General or relevant Federal agency 
        for action, as appropriate.
            ``(5) Notice to passengers.--
                    ``(A) Internet websites.--Each owner of a passenger 
                vessel shall include in a conspicuous location on each 
                Internet website that the owner of a passenger vessel 
                maintains for passengers to purchase or book passage on 
                a passenger vessel--
                            ``(i) the telephone number established 
                        under paragraph (1); and
                            ``(ii) any other information necessary for 
                        a passenger to submit a consumer complaint for 
                        resolution.
                    ``(B) Boarding documentation.--The owner of a 
                passenger vessel shall include the telephone number and 
                Internet address for consumer complaints established 
                under paragraph (1) on--
                            ``(i) any promotional literature or 
                        advertising, through any medium of 
                        communication in the United States offering 
                        passage or soliciting passengers for ocean 
                        voyages on passenger vessels, that the 
                        Secretary of Transportation considers necessary 
                        to adequately notify a prospective passenger of 
                        the telephone number and Internet address; and
                            ``(ii) any electronic confirmation of the 
                        purchase of passage on a passenger vessel.
    ``(c) Penalties.--
            ``(1) Civil penalty.--The Secretary of Transportation may 
        impose on any person that violates this section or a regulation 
        under this section a civil penalty of not more than $25,000 for 
        each day during which the violation continues, except that the 
        maximum penalty for a continuing violation shall be $50,000.
            ``(2) Criminal penalty.--Any person that willfully violates 
        this section or a regulation under this section shall be fined 
        not more than $250,000 or imprisoned not more than 1 year, or 
        both.
    ``(d) Rulemaking.--The Secretary of Transportation shall issue such 
regulations as are necessary to implement this section.''.
    (b) Bill of Rights.--
            (1) Enforceability.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary of Transportation 
        shall determine whether any of the enumerated rights in the 
        international cruise line passenger bill of rights, which was 
        adopted in 2013 by the members of the Cruise Lines 
        International Association, are enforceable under Federal law.
            (2) Required statement.--The Secretary of Transportation 
        shall include in the standards developed under section 3525(a) 
        of title 46, United States Code, a statement informing a 
        prospective passenger--
                    (A) which of rights referred to in paragraph (1) is 
                legally enforceable;
                    (B) that the passenger has a private right of 
                action to enforce such rights; and
                    (C) of any legal action that a prospective 
                passenger may take to enforce such rights.
    (c) Advisory Committee for Passenger Vessel Consumer Protection.--
            (1) In general.--The Secretary of Transportation shall 
        establish an advisory committee for passenger vessel consumer 
        protection (referred to in this subsection as the ``advisory 
        committee'') to advise the Secretary in carrying out activities 
        relating to passenger vessel customer service improvements.
            (2) Membership.--The Secretary of Transportation shall 
        appoint the members of the advisory committee, which shall be 
        comprised of 1 representative each of--
                    (A) owners of passenger vessels;
                    (B) international industry-related associations;
                    (C) State or local governments with expertise in 
                consumer protection matters;
                    (D) nonprofit public interest groups with expertise 
                in consumer protection matters;
                    (E) nonprofit public interest groups with expertise 
                in victim assistance; and
                    (F) relevant Federal agencies, as determined by the 
                Secretary of Transportation.
            (3) Vacancies.--A vacancy in the advisory committee shall 
        be filled in the manner in which the original appointment was 
        made.
            (4) Travel expenses.--Members of the advisory committee 
        shall serve without pay, but shall receive travel expenses, 
        including per diem in lieu of subsistence, in accordance with 
        subchapter I of chapter 57 of title 5, United States Code.
            (5) Chair.--The Secretary of Transportation shall 
        designate, from among the individuals appointed under paragraph 
        (2), an individual to serve as chair of the advisory committee.
            (6) Duties.--The advisory committee shall--
                    (A) evaluate existing passenger vessel consumer 
                protection programs or services;
                    (B) recommend improvements to the programs or 
                services under subparagraph (A), as necessary;
                    (C) recommend additional passenger vessel consumer 
                protection programs or services, as necessary; and
                    (D) recommend to the Secretary of Transportation 
                which key terms in a passage contract that should be 
                highlighted before such terms are binding, such as--
                            (i) products and services available on 
                        board the passenger vessel for an undisclosed 
                        cost or fee or otherwise are not included in 
                        the price of passage;
                            (ii) the country under which the passenger 
                        vessel is registered or flagged;
                            (iii) if the passenger vessel leaves the 
                        admiralty and maritime jurisdiction of the 
                        United States, a passenger may be subject to 
                        the law of a foreign country;
                            (iv) the passenger vessel may not accept 
                        responsibility for any health care services 
                        provided to a passenger by medical staff on 
                        board the passenger vessel;
                            (v) the maximum amount an owner of a 
                        passenger vessel will reimburse a passenger for 
                        lost or stolen property while on board the 
                        passenger vessel; and
                            (vi) where to file a notice of claim or 
                        initiate any legal action against the owner of 
                        the passenger vessel.
            (7) Report to congress.--Not later than February 1 of each 
        of the first 2 calendar years beginning after the date of the 
        enactment of this Act, the Secretary of Transportation shall 
        submit a report to Congress that contains--
                    (A) the recommendations made by the advisory 
                committee during the preceding calendar year;
                    (B) an explanation of whether and how the industry 
                has implemented each recommendation; and
                    (C) for each recommendation not implemented, the 
                industry's reason for not implementing the 
                recommendation.
            (8) Definition of passenger vessel.--In this subsection, 
        the term ``passenger vessel'' has the meaning given the term in 
        section 3522 of title 46, United States Code.

SEC. 6. CRIME REPORTING AND PUBLIC NOTICE.

    (a) Availability of Log Book and Entries to FBI and Other 
Investigators.--Section 3523(g)(1), as redesignated under section 2, is 
amended--
            (1) in subparagraph (A), by striking ``in a centralized 
        location readily accessible to law enforcement personnel,''; 
        and
            (2) in subparagraph (B), by striking ``make such log book 
        available'' and inserting ``make the log book and all entries 
        in such log book 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, is amended--
            (1) by striking ``shall contact'' and inserting ``subject 
        to subparagraph (C), shall contact''; and
            (2) by striking ``after the occurrence on board the vessel 
        of an incident involving'' and inserting ``, but not later than 
        4 hours, after an employee of the vessel is notified of an 
        incident on board the vessel allegedly involving''.
    (c) Crime Reporting Guidelines.--Section 3523(g)(1)(A), as 
redesignated under section 2 and amended by subsection (a), is further 
amended--
            (1) in clause (i), by striking the comma at the end and 
        inserting a semicolon;
            (2) in clause (ii), by striking ``, and'' and inserting a 
        semicolon;
            (3) in clause (iii), by striking the comma at the end and 
        inserting ``; and''; and
            (4) by inserting after clause (iii) the following:
                            ``(iv) any other criminal offenses reported 
                        to the Federal Bureau of Investigation through 
                        the Uniform Crime Reporting Program,''.
    (d) Reports Before Departure.--Section 3523(g)(3), as redesignated 
under section 2, is amended by adding at the end the following:
                    ``(C) Reports before departure.--If an employee of 
                a vessel to which this subchapter applies is notified 
                of an incident under subparagraph (A)(i) while the 
                vessel is within the admiralty and maritime 
                jurisdiction of the United States and en route to a 
                United States port or at a United States port, the 
                owner of the vessel (or the owner's designee) shall 
                contact the nearest Federal Bureau of Investigation 
                Field Office or Legal Attache not later than the time 
                specified under subparagraph (A)(i) or before the 
                vessel departs port, whichever is earlier.''.
    (e) Reports to United States Consulates.--Section 3523(g)(3), as 
amended by subsection (d), is further amended by adding at the end the 
following:
                    ``(D) Reports to united states consulates.--If an 
                incident described in subparagraph (A)(i) allegedly 
                involves an offense by or against a United States 
                national, in addition to contacting the nearest Federal 
                Bureau of Investigation Field Office or Legal Attache 
                under that subparagraph, the owner of a vessel to which 
                this subchapter applies (or the owner's designee) shall 
                contact the United States consulate at the next port of 
                call not later than the time specified under 
                subparagraph (A)(i).''.
    (f) Reports to Secretary of Transportation; Incidents and 
Details.--Section 3523(g)(3)(A), as amended by subsection (b), is 
further amended--
            (1) in clause (ii), by striking ``to the Internet website 
        maintained by the Secretary of Transportation under paragraph 
        (4)(A)'' and inserting ``, including the details under 
        paragraph (2), to the Internet website maintained by the 
        Secretary of Transportation under section 3526(i)''; and
            (2) in clause (iii), by striking ``under paragraph (4)(A)'' 
        and inserting ``under section 3526(i)''.
    (g) Availability of Security Guide Via Internet.--Section 
3523(c)(1), as redesignated under section 2 of this Act, is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``a guide (referred to in this 
                subsection as the `security guide')'' and inserting ``a 
                security guide''; and
                    (B) by striking ``English, which'' and inserting 
                ``English, that''; and
            (2) in subparagraph (C), by striking ``on the website of 
        the vessel owner'' and inserting ``through a prominently 
        accessible link on each Internet website that the cruise line 
        maintains for passengers to purchase or book cruises on any 
        vessel that the cruise line owns or operates, and to which this 
        subchapter applies''.

SEC. 7. CRIME PREVENTION, DOCUMENTATION, AND RESPONSE REQUIREMENTS.

    (a) Maintenance and Placement of Video Surveillance Equipment.--
Section 3523(b)(1), as redesignated under section 2 of this Act, is 
amended--
            (1) by striking ``The owner'' and inserting the following:
                    ``(A) In general.--The owner'';
            (2) by striking ``, as determined by the Secretary''; and
            (3) by adding at the end the following:
                    ``(B) Placement of video surveillance equipment.--
                With regard to the placement of video surveillance 
                equipment on a vessel under subparagraph (A), the owner 
                shall--
                            ``(i) place video surveillance equipment in 
                        each passenger common area where a person has 
                        no reasonable expectation of privacy;
                            ``(ii) place video surveillance equipment 
                        in other areas where a person has no reasonable 
                        expectation of privacy; and
                            ``(iii) place video surveillance equipment 
                        in each area identified under clauses (i) and 
                        (ii) in a manner that provides optimum 
                        surveillance of that area.''.
    (b) Access to Video Records.--Section 3523(b), as redesignated 
under section 2 of this Act and amended under subsection (a), is 
further amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) in paragraph (3), as redesignated--
                    (A) by striking ``The owner'' and inserting the 
                following:
                    ``(A) Law enforcement.--The owner''; and
                    (B) by adding at the end, the following:
                    ``(B) Civil actions.--The owner of a vessel to 
                which this subchapter applies shall provide to any 
                individual or the individual's legal representative, 
                upon written request, a copy of all records of video 
                surveillance--
                            ``(i) in which the individual is a subject 
                        of the video surveillance; and
                            ``(ii) that may provide evidence in a civil 
                        action.
                    ``(C) Limited access.--Except as provided under 
                subparagraphs (A) and (B), the owner of a vessel to 
                which this subchapter applies shall ensure that access 
                to records of video surveillance is limited to the 
                purposes under this section.''.
    (c) Notice of Video Surveillance.--Section 3523(b), as redesignated 
under section 2 of this Act and amended by this section, is further 
amended by inserting after paragraph (1) the following:
            ``(2) Notice of video surveillance.--The owner of a vessel 
        to which this subchapter applies shall provide clear and 
        conspicuous signs on board the vessel notifying the public of 
        the presence of video surveillance equipment.''.
    (d) Retention Requirements.--Section 3523(b), as redesignated under 
section 2 of this Act and amended by this section, is further amended 
by adding at the end the following:
            ``(4) Retention requirements.--
                    ``(A) In general.--The owner of a vessel to which 
                this subchapter applies shall retain all records of 
                video surveillance for a voyage for not less than 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 the 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 the 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) Technology Detecting Passengers Who Have Fallen Overboard 
Requirement.--Section 3523(a)(1)(D), as redesignated under section 2 of 
this Act, is amended by striking ``or'' and inserting ``and''.
    (f) Sea Marshals Requirement.--Section 3523(f), as redesignated 
under section 2 of this Act, is amended--
            (1) by striking ``(f)'' and all that follows through ``The 
        owner'' and inserting the following:
    ``(g) Crew Requirements.--
            ``(1) Sea marshals.--The owner of a vessel to which this 
        section applies shall ensure that the vessel is staffed at all 
        times with an appropriate number, based on the vessel size and 
        the number of passengers, of sea marshals who have been 
        certified by, and are operating under the jurisdiction of, the 
        United States Coast Guard.
            ``(2) Crew access to passenger staterooms.--The owner''.
    (g) Authority To Provide Assistance to Victims of Crimes on Board 
Passenger Vessels.--Chapter 35, as amended by this Act, is further 
amended by adding at the end the following:

``SEC. 3526. ASSISTANCE TO VICTIMS OF CRIMES ON BOARD CERTAIN PASSENGER 
              VESSELS.

    ``(a) Purpose.--The purpose of this section is to provide to a 
passenger who is an alleged victim of an incident described under 
section 3523(g)(3)(A)(i)--
            ``(1) a written summary of rights;
            ``(2) a primary point of contact within the Federal 
        Government; and
            ``(3) a means of obtaining immediate, free, and 
        confidential support services.
    ``(b) Director of Victim Support Services.--
            ``(1) Interim designation.--The Secretary of Transportation 
        shall designate an interim director of victim support services. 
        The interim director shall be an employee of the Department of 
        Transportation and shall serve in the position until a final 
        designation is made under paragraph (2).
            ``(2) Final designation.--Not later than 180 days after the 
        date of the enactment of the Cruise Passenger Protection Act, 
        the Secretary of Transportation, in consultation with the 
        Department of Justice and other relevant Federal agencies, 
        shall--
                    ``(A) designate an employee of the Federal 
                Government to serve as the director of victim support 
                services under this section; and
                    ``(B) determine an effective way to publicize the 
                toll-free telephone number under subsection (c) and the 
                availability of support services.
            ``(3) Responsibilities.--The director of victim support 
        services shall--
                    ``(A) be responsible for acting as a primary point 
                of contact within the Federal Government for the 
                passenger described in subsection (a);
                    ``(B) coordinate with 1 or more non-profit 
                organizations or other entities that can provide the 
                types of support services described under subsection 
                (d);
                    ``(C) establish a process for the passenger 
                described in subsection (a) to obtain the appropriate 
                types of support services described under subsection 
                (d);
                    ``(D) recommend a process for the passenger 
                described in subsection (a) to obtain an appropriate 
                continuum of care;
                    ``(E) recommend a process for the passenger 
                described in subsection (a) to obtain information on 
                the status of any related criminal investigation;
                    ``(F) develop guidance, consistent with the purpose 
                of this section, for the security guide under section 
                3523(c)(1), including a process to ensure that an owner 
                of a passenger vessel provides a copy of the security 
                guide to a passenger immediately after the vessel is 
                notified that the passenger is an alleged victim of an 
                incident described under subsection (g)(3)(A)(i);
                    ``(G) periodically update that guidance, as 
                necessary; and
                    ``(H) be the primary liaison between the passenger 
                described in subsection (a) and--
                            ``(i) the owner of the passenger vessel;
                            ``(ii) any relevant Federal agency;
                            ``(iii) any relevant United States embassy 
                        or United States consulate; and
                            ``(iv) any other person that the director 
                        of victim support services considers necessary 
                        to carry out the purpose of this section.
    ``(c) Toll-Free Telephone Number.--The Secretary of Transportation 
shall establish a toll-free telephone number, available 24 hours each 
day, that a passenger described in subsection (a) can call to initiate 
the process under subsection (b)(3)(C).
    ``(d) Support Services.--The director of victim support services 
shall determine the types of support services that a passenger 
described in subsection (a) can obtain, such as--
            ``(1) directions on how to report an incident described 
        under section 3523(g)(3)(A)(i) to appropriate authorities;
            ``(2) an explanation of or assistance completing necessary 
        forms to report an incident described under section 
        3523(g)(3)(A)(i);
            ``(3) an explanation of how or assistance to obtain support 
        services under this section;
            ``(4) arranging, if appropriate, for mental health and 
        counseling services;
            ``(5) arranging, if possible, for education regarding and 
        advocacy during applicable criminal justice proceedings; and
            ``(6) communicating with that passenger as to the roles of 
        the organization, government agencies, and the owner of the 
        passenger vessel involved with respect to the incident and the 
        post-incident activities.
    ``(e) Summary of Rights.--Not later than 180 days after the date of 
the enactment of the Cruise Passenger Protection Act, the Secretary of 
Transportation, in consultation with the Department of Justice, other 
relevant Federal agencies, non-profit public interest groups with 
expertise in victim assistance, and such other persons that the 
Secretary of Transportation considers necessary, shall--
            ``(1) determine what rights a passenger described in 
        subsection (a) may have under law, such as the right to contact 
        the Federal Bureau of Investigation to report the crime, the 
        right to contact the director of victim support services, and 
        the right to speak confidentially to Federal law enforcement, 
        the director of victim support services, and any other third-
        party victim advocate without any representative or employee of 
        the passenger vessel present;
            ``(2) develop a written summary of those rights; and
            ``(3) establish a process for a passenger described in 
        subsection (a) to receive the written summary of rights as soon 
        as practicable after an alleged incident described under 
        section 3523(g)(3)(A)(i).
    ``(f) Guardians and Relatives.--If a passenger described in 
subsection (a) is deceased or is a minor, or under such other 
circumstances that the director of victim support services considers 
necessary, the director may provide support services under this section 
to a guardian or relative of that passenger.
    ``(g) Use of Passenger Vessel Resources.--As appropriate, the 
resources of the passenger vessel should be used to the greatest extent 
possible to carry out the purpose under this section.
    ``(h) Statutory Construction.--Nothing in this section may be 
construed as limiting the obligations that an owner of a passenger 
vessel may have in providing assistance to a passenger who is an 
alleged victim of an incident described under section 3523(g)(3)(A)(i).
    ``(i) Availability of Incident Data Via Internet.--
            ``(1) In general.--The Secretary of Transportation shall 
        maintain a statistical compilation of all incidents described 
        in section 3523(g)(3)(A) on an Internet website that provides a 
        numerical accounting of the missing persons and alleged crimes 
        duly recorded in each report filed under paragraph (3) of that 
        section. Each incident described in section 3523(g)(3)(A) shall 
        be included in the statistical compilation irrespective of its 
        investigative status.
            ``(2) Updates.--The Secretary of Transportation shall 
        ensure that the data described in paragraph (1)--
                    ``(A) is updated not less frequently than 
                quarterly;
                    ``(B) is aggregated by cruise line;
                    ``(C) identifies each cruise line by name;
                    ``(D) identifies each crime and alleged crime as to 
                whether it was committed or allegedly committed by a 
                passenger or a crew member;
                    ``(E) identifies each crime and alleged crime as to 
                whether it was committed or allegedly committed against 
                a minor;
                    ``(F) identifies the number of alleged individuals 
                overboard; and
                    ``(G) is compiled on the Internet website is in a 
                user-friendly format.
            ``(3) Access to website.--Each owner of a passenger vessel 
        shall include a prominently accessible link to the Internet 
        website maintained by the Secretary of Transportation under 
        paragraph (1) on each Internet website that the owner maintains 
        for prospective passengers to purchase or book passage on the 
        passenger vessel.
    ``(j) Regulations.--The Secretary of Transportation shall issue 
such regulations as are necessary to implement this section.''.
    (h) Study.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Transportation, in coordination with the 
Secretary of the department in which the Coast Guard is operating, 
Attorney General, and heads of other relevant Federal agencies, shall--
            (1) conduct a study to determine the feasibility of having 
        an individual on board each passenger vessel (as defined in 
        section 3526 of title 46, United States Code) to provide victim 
        support services, including the support services under section 
        3526(d) of title 46, United States Code, and related safety and 
        security services, which includes consideration of the cost, 
        the benefit to passengers, jurisdiction, and logistics; and
            (2) report the findings of the study conducted under 
        paragraph (1) to Congress.
    (i) Criminal Activity Prevention and Response Guide.--Section 
3523(c)(1), as amended by section 6(g) of this Act, is further 
amended--
            (1) in subparagraph (A)--
                    (A) by redesignating clause (ii) as clause (vi);
                    (B) by inserting after clause (i), the following:
                            ``(ii) describes the availability of 
                        support services under section 3526, including 
                        any contact information provided by the 
                        Secretary of Transportation or director of 
                        victim support services under that section;
                            ``(iii) includes the summary of rights 
                        under section 3526;
                            ``(iv) includes the summary under section 
                        3525(a);
                            ``(v) includes the toll-free hotline 
                        telephone number and consumer complaints 
                        Internet website link under section 3525(b);'';
                    (C) in clause (vi), as redesignated, by inserting 
                ``and'' at the end; and
                    (D) by adding at the end the following:
                            ``(vii) includes such other information as 
                        the Secretary of Transportation recommends 
                        under section 3526(b)(3)(F);''; and
            (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;
                            ``(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''.
    (j) Maintenance of Supplies To Prevent Sexually Transmitted 
Diseases.--Section 3523(d)(1), as redesignated by section 2 of this 
Act, is amended by inserting ``(taking into consideration the length of 
the voyage and the number of passengers and crewmembers that the vessel 
can accommodate)'' after ``a sexual assault''.
    (k) Sexual Assault; Contact Information.--Section 3523(d)(5)(A), as 
redesignated by section 2 of this Act, is amended by striking ``the 
United States Coast Guard,''.
    (l) Sexual Assault; Private Telephone Line.--Section 3523(d)(5)(B), 
as redesignated by section 2 of this Act, is amended by inserting 
``under section 3526 or'' after ``the information and support services 
available''.
    (m) Crime Scene Preservation Training; Certification of 
Organizations by MARAD.--Section 3524(a), as redesignated by section 2 
of this Act, is amended by striking ``may certify'' and inserting 
``shall certify''.
    (n) Crew Access to Passenger Staterooms; Procedures and 
Restrictions.--Section 3523(f), as redesignated by section 2 of this 
Act, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end; 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) by amending paragraph (2) to read as follows:
            ``(2) ensure that the procedures and restrictions are--
                    ``(A) fully and properly implemented;
                    ``(B) reviewed annually; and
                    ``(C) updated as necessary.''.

SEC. 8. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS.

    (a) Vessel Design, Equipment, Construction, and Retrofitting 
Requirements.--Section 3523(a), as redesignated by section 2 of this 
Act, is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``to which this subsection applies'' and 
                inserting ``to which this subchapter applies'';
                    (B) in subparagraph (A)--
                            (i) by striking ``The vessel'' and 
                        inserting ``Each exterior deck of a vessel''; 
                        and
                            (ii) by inserting ``unless the height 
                        requirement would interfere with the deployment 
                        of a lifesaving device or other emergency 
                        equipment as identified by the Commandant'' 
                        before the period at the end;
                    (C) in subparagraph (B), by striking ``entry doors 
                that include peep holes or other means of visual 
                identification.'' and inserting ``an entry door that 
                includes a peep hole or other means of visual 
                identification that provides an unobstructed view of 
                the area outside the stateroom or crew cabin. For 
                purposes of this subparagraph, the addition of an 
                optional privacy cover on the interior side of the 
                entry shall not in and of itself constitute an 
                obstruction.''; and
                    (D) in subparagraph (E), by striking ``when 
                operating in high risk areas (as defined by the United 
                States Coast Guard)''; and
            (2) by adding at the end the following:
            ``(4) Waivers; record of waivers.--The Secretary--
                    ``(A) may waive a requirement under paragraph (1) 
                as the Secretary determines necessary; and
                    ``(B) shall maintain a record of each waiver under 
                subparagraph (A).''.
    (b) Medical Standards.--
            (1) In general.--Section 3523, as redesignated by section 2 
        of this Act, is amended--
                    (A) in subsection (d)--
                            (i) in paragraph (3)--
                                    (I) in subparagraph (A), by 
                                redesignating clauses (i) and (ii) as 
                                subclauses (I) and (II), respectively; 
                                and
                                    (II) by redesignating subparagraphs 
                                (A), (B), and (C) as clauses (i), (ii), 
                                and (iii), respectively;
                            (ii) in paragraph (5), by redesignating 
                        subparagraphs (A) and (B) as clauses (i) and 
                        (ii), respectively;
                            (iii) by redesignating paragraphs (1) 
                        through (5) as subparagraphs (A) through (E), 
                        respectively; and
                            (iv) by striking ``The owner'' and 
                        inserting the following:
            ``(1) In general.--The owner'';
                    (B) in subsection (e)--
                            (i) in paragraph (1)--
                                    (I) in the matter preceding 
                                subparagraph (A), by striking ``under 
                                subsection (d)'' and inserting ``under 
                                paragraph (1)''; and
                                    (II) by redesignating subparagraphs 
                                (A), (B), and (C) as clauses (i), (ii), 
                                and (iii), respectively;
                            (ii) by redesignating paragraphs (1) and 
                        (2) as subparagraphs (A) and (B), respectively; 
                        and
                            (iii) by striking ``(e)'' and all that 
                        follows through ``The master'' and inserting 
                        the following:
            ``(2) Confidentiality of sexual assault examination and 
        support information.--The master''; and
                    (C) by inserting after subsection (d), as 
                redesignated by paragraph (2)(C), the following:
    ``(e) Medical Standards.--The owner of a vessel to which this 
section applies shall ensure that--
            ``(1) 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;
            ``(2) there are a sufficient number of qualified medical 
        staff on the vessel to treat the number of passengers who may 
        be on board the vessel, as determined by the Secretary, by 
        regulation;
            ``(3) the vessel is in compliance with the Health Care 
        Guidelines for Cruise Ship Medical Facilities established by 
        the American College of Emergency Physicians, or any successor 
        standard;
            ``(4) if a United States citizen dies onboard the vessel 
        and the citizen's next of kin requests that the citizen's body 
        return to the United States on the vessel, such request is 
        granted;
            ``(5) every crew member on the vessel has received basic 
        life support training and is certified in cardiopulmonary 
        resuscitation;
            ``(6) every crew member on a vessel leaving from or en 
        route to a United States port of call has a basic understanding 
        of the English language;
            ``(7) automated external defibrillators are--
                    ``(A) placed throughout the vessel in clearly 
                designated locations; and
                    ``(B) available for passenger access in the event 
                of an emergency; and
            ``(8) the initial safety briefing given to the passengers 
        on the vessel includes--
                    ``(A) the location of the vessel's medical 
                facilities;
                    ``(B) the appropriate steps passengers should 
                follow during a medical emergency;
                    ``(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.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date that is 180 days after the date 
        of the enactment of this Act.

SEC. 9. ENFORCEMENT.

    (a) Information Sharing.--
            (1) In general.--To the extent not prohibited by other law, 
        the head of a designated agency shall make available to another 
        head of a designated agency any information necessary to carry 
        out the provisions of subchapter II of chapter 35 of title 46, 
        United States Code. The provision by the head of a designated 
        agency of any information under this subsection to another head 
        of a designated agency shall not constitute a waiver, or 
        otherwise effect, any privilege any agency or person may claim 
        with respect to that information under Federal or State law.
            (2) Definition of head of a designated agency.--In this 
        subsection, the term ``head of a designated agency'' means the 
        Secretary of Transportation, 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 to read as follows:
    ``(h) Penalties.--
            ``(1) Civil penalty.--Any person that violates this section 
        or a regulation under this section shall be liable for a civil 
        penalty of not more than $25,000 for each day during which the 
        violation continues, except that the maximum penalty for a 
        continuing violation is $50,000.
            ``(2) Criminal penalty.--Any person that willfully violates 
        this section or a regulation under this section shall be fined 
        not more than $250,000, imprisoned for not more than 1 year, or 
        both.''.
    (c) Crime Scene Preservation Training; Denial of Entry.--Section 
3523(f), as redesignated by section 2 of this Act, is repealed.
    (d) Enforcement.--Chapter 35, as amended by this Act, is further 
amended by adding at the end the following:
``Sec. 3527. Refusal of clearance; denial of entry
    ``(a) Clearance.--The Secretary of Homeland Security may withhold 
or revoke the clearance required under section 60105 of any vessel of 
the owner of a vessel to which this subchapter applies, wherever the 
vessel is found, if the owner of the vessel--
            ``(1) commits an act or omission for which a penalty may be 
        imposed under this subchapter; or
            ``(2) fails to pay a penalty imposed on the owner under 
        this subchapter.
    ``(b) Denial of Entry.--The Secretary of the department in which 
the Coast Guard is operating may deny entry into the United States to a 
vessel to which this subchapter applies if the owner of the vessel--
            ``(1) commits an act or omission for which a penalty may be 
        imposed under this subchapter; or
            ``(2) fails to pay a penalty imposed on the owner under 
        this subchapter.''.

SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Application.--Chapter 35, as amended by this Act, is further 
amended--
            (1) in section 3523--
                    (A) by striking subsection (k);
                    (B) by redesignating subsection (l) as subsection 
                (k); and
                    (C) by striking ``to which this section applies'' 
                each place such phrase appears and inserting ``to which 
                this subchapter applies''; and
            (2) in section 3524, by striking ``to which this section 
        applies'' each place such phrase appears and inserting ``to 
        which this subchapter applies''.
    (b) Availability of Incident Data Via Internet.--Section 3523(g), 
as redesignated under section 2 of this Act, is amended by striking 
paragraph (4).
    (c) Elapsed Effective Dates.--Section 3523(a), as redesignated by 
section 2 and amended by section 8(a) 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) Definitions.--Section 3523, as redesignated by section 2 of 
this Act, is amended by striking subsection (l).
    (f) Table of Contents.--The table of contents for chapter 35 is 
amended--
            (1) by inserting before the item relating to section 3501 
        the following:

                 ``subchapter i. general provisions'';

            (2) by striking the item relating to section 3507 and 
        inserting the following:

``3523. Passenger vessel security and safety requirements.'';
            (3) by striking the item relating to section 3508 and 
        inserting the following:

``3524. Crime scene preservation training for passenger vessel 
                            crewmembers.'';
            (4) by inserting after the item relating to section 3506 
        the following:

                   ``subchapter ii. cruise vessels'';

            (5) by inserting before the item relating to section 3523, 
        the following:

``3521. Application.
``3522. Definitions.'';
        and
            (6) by adding at the end the following:

``3525. Passenger vessel consumer service improvements.
``3526. Assistance to victims of crimes on board certain passenger 
                            vessels.
``3527. Refusal of clearance; denial of entry.''.

SEC. 11. BUDGET COMPLIANCE.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
                                 <all>