II 

112TH CONGRESS 

1ST SESSION S. 1753 

To require operators of Internet websites that provide access to international 

travel services and market overseas vacation destinations to provide on 

such websites information to consumers regarding the potential health 

and safety risks associated with traveling to such vacation destinations, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 20, 2011 

Mr. KIRK (for himself, Mr. BROWN of Massachusetts, Mr. CARDIN, and Mr. 

KERRY) introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To require operators of Internet websites that provide access 

to international travel services and market overseas vacation destinations to provide on such websites information 

to consumers regarding the potential health and safety 

risks associated with traveling to such vacation destinations, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘International Travelers 

5 Bill of Rights Act of 2011’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) COMMISSION.—The term ‘‘Commission’’ 

4 means the Federal Trade Commission. 

5 (2) COVERED WEBSITE OPERATOR.—The term 

6 ‘‘covered website operator’’ means an individual or 

7 entity that operates an Internet website that pro8 vides access to international travel services. Such 

9 term includes an overseas vacation destination or a 

10 third party that operates an Internet website that 

11 offers international travel services. 

12 (3) INTERNATIONAL TRAVEL SERVICES.—The 

13 term ‘‘international travel services’’ means a service 

14 that a consumer can use to reserve lodging at an 

15 overseas vacation destination. 

16 (4) OVERSEAS VACATION DESTINATION.—The 

17 term ‘‘overseas vacation destination’’ means a resort, 

18 hotel, retreat, hostel, or any other similar lodging lo19 cated outside the United States. 

20 (5) UNITED STATES.—The term ‘‘United 

21 States’’ means each of the several States, the Dis22 trict of Columbia, the Commonwealth of Puerto 

23 Rico, the Virgin Islands, Guam, American Samoa, 

24 and the Commonwealth of the Northern Mariana Is25 lands. 


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1 SEC. 3. PROVIDING INFORMATION REGARDING THE POTEN2 TIAL HEALTH AND SAFETY RISKS ASSOCI3 ATED WITH OVERSEAS VACATION DESTINA4 TIONS. 

5 (a) IN GENERAL.—A covered website operator shall 

6 provide to consumers information on the Internet website 

7 of the covered website operator, in a manner the website 

8 operator considers appropriate, regarding the potential 

9 health and safety risks associated with overseas vacation 

10 destinations marketed on such website, if any, including 

11 the following: 

12 (1) Information compiled by the Department of 

13 State, including Department of State country-spe14 cific travel warnings and alerts. 

15 (2) Information regarding the onsite health and 

16 safety services that are available to consumers at 

17 each overseas vacation destination, including wheth18 er the destination— 

19 (A) employs or contracts with a physician 

20 or nurse on the premises to provide medical 

21 treatment for guests; 

22 (B) employs or contracts with personnel, 

23 other than a physician, nurse, or lifeguard, on 

24 the premises who are trained in cardiopulmo25 nary resuscitation; 


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1 (C) has an automated external defibrillator 

2 and employs or contracts with 1 or more indi3 viduals on the premises trained in its use; and 

4 (D) employs or contracts with 1 or more 

5 lifeguards on the premises trained in cardiopul6 monary resuscitation, if the overseas vacation 

7 destination has swimming pools or other water8 based activities on its premises, or in areas 

9 under its control for use by guests. 

10 (b) SERVICES NOT AVAILABLE 24 HOURS A DAY.— 

11 If the onsite health and safety services described in sub12 section (a)(2) are not available 24 hours a day, 7 days 

13 a week, a covered website operator who provides informa14 tion about such services under subsection (a) shall display 

15 the hours and days of availability on its Internet website 

16 in a manner the covered website operator considers appro17 priate. 

18 (c) MINIMUM REQUIREMENT FOR OBTAINING INFOR19 MATION.—If a covered website operator does not possess, 

20 with respect to an overseas vacation destination, informa21 tion about the onsite health and safety services required 

22 to be displayed on its Internet website under subsection 

23 (a), the covered website operator shall, at a minimum, re24 quest such information from such destination. 


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1 (d) INFORMATION NOT AVAILABLE.—If onsite health 

2 and safety services described in subsection (a)(2) are not 

3 available at an overseas vacation destination, or if a cov4 ered website operator does not possess information about 

5 the onsite health and safety services required to be dis6 played on its Internet website under subsection (a), the 

7 covered website operator shall display on the Internet 

8 website of the website operator, in a manner the website 

9 operator considers appropriate, the following: ‘‘This des10 tination does not provide certain health and safety serv11 ices, or information regarding such services is not avail12 able.’’. 

13 (e) IMMUNITY.—A covered website provider shall not 

14 be liable in a civil action in a Federal or State court relat15 ing to inaccurate or incomplete information published 

16 under subsection (a) regarding an overseas vacation des17 tination that is not owned or operated by the covered 

18 website provider if— 

19 (1) such information was provided by the over20 seas vacation destination; and 

21 (2) the covered website provider published such 

22 information without knowledge that such informa23 tion was inaccurate or incomplete, as the case may 

24 be. 


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1 SEC. 4. ENFORCEMENT BY FEDERAL TRADE COMMISSION. 

2 (a) UNFAIR OR DECEPTIVE ACTS OF PRACTICES.— 

3 A violation of this Act shall be treated as a violation of 

4 a rule defining an unfair or deceptive act or practice pre5 scribed under section 18(a)(1)(B) of the Federal Trade 

6 Commission Act (15 U.S.C. 57a(a)(1)(B)). 

7 (b) POWERS OF COMMISSION.—The Commission 

8 shall enforce this Act in the same manner, by the same 

9 means, and with the same jurisdiction, powers, and duties 

10 as though all applicable terms and provisions of the Fed11 eral Trade Commission Act (15 U.S.C. 41 et seq.) were 

12 incorporated into and made a part of this Act. 

13 (c) DEADLINE FOR ISSUANCE OF REGULATIONS.— 

14 The Commission shall prescribe regulations to carry out 

15 this Act not later than 1 year after the date of the enact16 ment of this Act. 

17 SEC. 5. DEPARTMENT OF STATE RECORDS OF OVERSEAS 

18 DEATHS OF UNITED STATES CITIZENS FROM 

19 NONNATURAL CAUSES. 

20 (a) INCREASED GRANULARITY OF DATA COL21 LECTED.—Subsection (a) of section 57 of the State De22 partment Basic Authorities Act of 1956 (22 U.S.C. 2729) 

23 is amended by striking paragraph (2) and inserting the 

24 following: 

25 ‘‘(2) The location of where the death occurred, 

26 including the address of the location, the name of 


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1 the property where the death occurred, and the state 

2 or province and municipality of such location, if 

3 available.’’. 

4 (b) INCREASED FREQUENCY OF PUBLICATION.— 

5 Subsection (c) of such section is amended by striking ‘‘at 

6 least every six months’’ and inserting ‘‘not less frequently 

7 than once each month’’. 

8 (c) MONTHLY REPORTS TO CONGRESS.—Such sec9 tion is amended by adding at the end the following: 

10 ‘‘(d) REPORTS TO CONGRESS.—Each time the Sec11 retary updates the information made available under sub12 section (c), the Secretary shall submit to Congress a re13 port containing such information.’’. 

Æ 


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