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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 965 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  1st Session
                                 S. 965

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2017

 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 
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 sections 2 and 3 of this Act, is further 
amended by inserting after section 3521 the following:
``Sec. 3522. Definitions
    ``In this subchapter, the following definitions apply:
            ``(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.''.

SEC. 5. BILL OF RIGHTS.

    Not later than 180 days after the date of 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, 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 further 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 further 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 further 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 described 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 within the time period 
                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 described 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 within the time period specified under 
                subparagraph (A)(i).''.
    (e) Availability of Security Guide Via Internet.--Section 
3523(c)(1), as redesignated under section 2 of this Act, is further 
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 vessel owner maintains 
        for passengers to purchase or book trips on any vessel that the 
        vessel owner 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 
further 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 clause (i) or 
                        (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 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 described under this section.''.
    (c) Notice of Video Surveillance.--Section 3523(b), as redesignated 
under section 2 of this Act and 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 redesignated under 
section 2 of this Act and as amended by subsections (b) and (c) 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) Availability of Incident Data Via Internet.--Section 
3523(g)(4)(A)(ii), as redesignated under section 2 of this Act, is 
further amended--
            (1) by redesignating subclauses (V) and (VI) as subclauses 
        (VI) and (VII), respectively; and
            (2) by inserting after subclause (IV) the following:
                                    ``(V) identify whether each crime 
                                or alleged crime identified under 
                                subclause (IV) was committed or 
                                allegedly committed against a minor;''.
    (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, the 
Attorney General, and the heads of other relevant Federal agencies, 
shall conduct a study to determine the feasibility of having an 
individual on board each passenger vessel to which subchapter II of 
chapter 35 of title 46, United States Code, applies to provide victim 
support services and related safety and security services, and shall 
report the findings of such study to Congress. The study shall include 
consideration of costs, benefits to passengers, jurisdiction, and 
logistics.
    (g) Criminal Activity Prevention and Response Guide.--Section 
3523(c)(1), as redesignated by section 2 of this Act and as amended by 
section 6(e) 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 further 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 further 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 further amended--
            (1) in paragraph (1)--
                    (A) by striking ``and'' at the end of subparagraph 
                (A); and
                    (B) by adding at the end the following:
                    ``(C) a system that electronically records the 
                date, time, and identity of each crewmember 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 further 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 further 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 and, 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 made 
                under subparagraph (A); and
                    ``(C) shall include in such record the 
                justification for the waiver.''.
    (b) Medical Standards.--
            (1) In general.--Section 3523, as redesignated by section 2 
        of this Act, is further amended--
                    (A) by striking subsections (k) and (l); and
                    (B) by inserting after subsection (j) the 
                following:
    ``(k) Medical Standards.--
            ``(1) In general.--The owner of a vessel to which this 
        subchapter 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 crewmember 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 and as amended by subsection (b) of this section, 
is further amended by inserting after subsection (k) 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 affect, any privilege any agency or person may claim 
        with respect to that information under Federal or State law.
            (2) Definition of head of a designated agency.--In this 
        subsection, the term ``head of a designated agency'' means the 
        Secretary of Transportation, the Secretary of Homeland 
        Security, or the Attorney General.
    (b) Passenger Vessel Security and Safety Requirements; Denial of 
Entry.--Section 3523(h), as redesignated by section 2 of this Act, is 
further amended--
            (1) by striking paragraph (2);
            (2) in the subsection heading, by striking ``Enforcement'' 
        and inserting ``Penalties''; and
            (3) in paragraph (1)--
                    (A) by striking ``(1) Penalties.--'' and all that 
                follows through ``(A) Civil 
                penalty.--'' and inserting ``(1) Civil penalty.--''; 
                and
                    (B) by redesignating subparagraph (B) as paragraph 
                (2), and adjusting the margin appropriately.
    (c) Denial of Entry.--Section 3524(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. 3525. 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 
        and as otherwise amended by this Act, is further amended by 
        striking ``to which this section applies'' each place it 
        appears and inserting ``to which this subchapter applies''.
            (2) Section 3524, as redesignated by section 2 of this Act 
        and as otherwise amended by this Act, is further amended by 
        striking ``to which this section applies'' each place it 
        appears and inserting ``to which this subchapter applies''.
    (b) Elapsed Effective Dates.--Section 3523(a), as redesignated by 
section 2 of this Act and as otherwise amended by this Act, is further 
amended--
            (1) by striking paragraph (3); and
            (2) by redesignating paragraph (4) as paragraph (3).
    (c) Procedures.--Section 3523(i), as redesignated by section 2 of 
this Act, is further 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''.
    (d) Table of Contents.--The table of sections for chapter 35 is 
amended--
            (1) by inserting before the item relating to section 3501 
        the following:

                  ``subchapter i--general provisions'';

            (2) by 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. Refusal of clearance; denial of entry.''.

SEC. 11. LIMITATIONS IN CERTAIN CASES.

    (a) In General.--Section 30307 is amended--
            (1) in the section heading, by striking ``Commercial 
        aviation accidents'' and inserting ``Limitations in certain 
        cases'';
            (2) by striking subsection (a) and inserting the following:
    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Cruise ship.--The term `cruise ship' means a 
        passenger vessel, other than a vessel of the United States 
        operated by the Federal Government or a vessel owned and 
        operated by a State, that--
                    ``(A) is authorized to carry at least 250 
                passengers;
                    ``(B) has onboard sleeping facilities for each 
                passenger;
                    ``(C) is on a voyage that embarks or disembarks 
                passengers in the United States; and
                    ``(D) is not engaged on a coastwise voyage.
            ``(2) Nonpecuniary damages.--The term `nonpecuniary 
        damages' means damages for loss of care, comfort, and 
        companionship.'';
            (3) in subsection (b), by inserting ``or cruise ship'' 
        after ``commercial aviation''; and
            (4) in subsection (c), by inserting ``or cruise ship'' 
        after ``commercial aviation''.
    (b) Clerical Amendment.--The table of sections for chapter 303 is 
amended by striking the item relating to section 30307 and inserting 
the following:

``30307. Limitations in certain cases.''.
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