II 

113TH CONGRESS 

1ST SESSION S. 1340 

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

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2013 

Mr. ROCKEFELLER (for himself and Mr. BLUMENTHAL) 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. 

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; REFERENCES. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Cruise Passenger Protection Act’’. 

6 (b) REFERENCES TO TITLE 46, UNITED STATES

7 CODE.—Except as otherwise expressly provided, wherever 

8 in this Act an amendment or repeal is expressed in terms 

9 of an amendment to, or repeal of, a section or other proviVerDate Mar 15 2010 23:35 Jul 24, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1340.IS S1340

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1 sion, the reference shall be considered to be made to a 

2 section or other provision of title 46, United States Code. 

3 SEC. 2. CRUISE VESSEL SUBCHAPTER. 

4 Chapter 35 is amended: 

5 (1) by inserting before section 3501 the fol6 lowing: 

7 ‘‘Subchapter I—General Provisions’’; 

8 (2) by inserting before section 3507 the fol9 lowing: 

10 ‘‘Subchapter II—Cruise Vessels’’; 

11 and 

12 (3) by redesignating sections 3507 and 3508 as 

13 sections 3523 and 3524, respectively. 

14 SEC. 3. APPLICATION. 

15 Chapter 35, as amended by section 2 of this Act, is 

16 further amended by inserting before section 3523 the fol17 lowing: 

18 ‘‘§ 3521. Application 

19 ‘‘(a) IN GENERAL.—This subchapter applies to a 

20 passenger vessel (as defined in section 2101(22)) that— 

21 ‘‘(1) is authorized to carry at least 250 pas22 sengers; 

23 ‘‘(2) has on board sleeping facilities for each 

24 passenger; 


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1 ‘‘(3) is on a voyage that embarks or disembarks 

2 passengers in the United States; and 

3 ‘‘(4) is not engaged on a coastwise voyage. 

4 ‘‘(b) FEDERAL AND STATE VESSELS.—This sub5 chapter does not apply to a vessel of the United States 

6 operated by the Federal Government or a vessel owned 

7 and operated by a State.’’. 

8 SEC. 4. DEFINITIONS. 

9 Chapter 35, as amended by section 3 of this Act, is 

10 further amended by inserting after section 3521 the fol11 lowing: 

12 ‘‘§ 3522. Definitions 

13 ‘‘In this subchapter: 

14 ‘‘(1) COMMANDANT.—The term ‘Commandant’ 

15 means the Commandant of the Coast Guard. 

16 ‘‘(2) OWNER.—The term ‘owner’ means the 

17 owner, charterer, managing operator, master, or 

18 other individual in charge of a vessel. 

19 ‘‘(3) SECRETARY.—Except as otherwise ex20 pressly provided, the term ‘Secretary’ means the 

21 Secretary of the department in which the Coast 

22 Guard is operating.’’. 


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1 SEC. 5. PASSENGER VESSEL CONSUMER SERVICE IM2 PROVEMENTS. 

3 (a) IN GENERAL.—Chapter 35, as amended by sec4 tion 2 of this Act, is further amended by adding at the 

5 end the following: 

6 ‘‘§ 3525. Passenger vessel consumer service improve7 ments 

8 ‘‘(a) PASSAGE CONTRACTS.— 

9 ‘‘(1) IN GENERAL.—Not later than 1 year after 

10 the date of enactment of the Cruise Passenger Pro11 tection Act, the Secretary of Transportation shall 

12 develop standards for use by an owner of a pas13 senger vessel to provide a prospective passenger with 

14 a summary that highlights key terms in the passage 

15 contract upfront and before they are binding. In de16 veloping the standards, the Secretary of Transpor17 tation may consult with other Federal agencies, per18 sons with expertise on admiralty and maritime law, 

19 consumer advocates, industry representatives, and 

20 such other persons as the Secretary of Transpor21 tation considers necessary. 

22 ‘‘(2) RECOMMENDATIONS.—The standards shall 

23 include recommendations regarding the following: 

24 ‘‘(A) APPEARANCE.—The standards shall 

25 recommend style, formatting, and placement 

26 that ensures that the summary is conspicuous. 


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1 ‘‘(B) LANGUAGE.—The standards shall 

2 recommend terminology that ensures that the 

3 summary is clear, unambiguous, unmistakable, 

4 and, to the greatest extent possible, uniform, 

5 concise, and not complex. 

6 ‘‘(3) PERIODIC REVIEW.—The Secretary of 

7 Transportation shall periodically review and update, 

8 as appropriate, the standards. 

9 ‘‘(4) REQUIREMENTS.—Not later than 180 days 

10 after the date that the standards are developed, an 

11 owner of a passenger vessel shall— 

12 ‘‘(A) provide each prospective passenger 

13 with a summary in accordance with those 

14 standards; 

15 ‘‘(B) include a prominently accessible link 

16 to the summary on each Internet website that 

17 the owner maintains for prospective passengers 

18 to purchase or book passage on the passenger 

19 vessel; and 

20 ‘‘(C) include the summary in any pro21 motional literature or advertising, through any 

22 medium of communication in the United States 

23 offering passage or soliciting passengers for 

24 ocean voyages anywhere in the world, that the 

25 Secretary of Transportation considers necessary 


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1 to adequately notify a prospective passenger of 

2 the key terms in the passage contract before 

3 they are binding. 

4 ‘‘(5) PREEMPTION.—The standards developed 

5 under this subsection shall preempt any related 

6 State standards that require a summary that pro7 vides less information to a prospective passenger 

8 than that required to be provided under this sub9 section, as determined by the Secretary of Transpor10 tation. 

11 ‘‘(b) CONSUMER COMPLAINTS.— 

12 ‘‘(1) TOLL-FREE HOTLINE; INTERNET WEBSITE

13 LINK.—The Secretary of Transportation shall— 

14 ‘‘(A) establish a consumer complaints toll15 free hotline telephone number for passenger 

16 use; 

17 ‘‘(B) establish a consumer complaints link 

18 for passenger use on the Internet website under 

19 section 3526(i); and 

20 ‘‘(C) notify the public of— 

21 ‘‘(i) the telephone number under sub22 paragraph (A); and 

23 ‘‘(ii) the Internet website under sec24 tion 3526(i). 


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1 ‘‘(2) WEBSITE.—The Secretary of Transpor2 tation shall maintain a statistical compilation of all 

3 consumer complaints on the Internet website under 

4 section 3526(i) that provides a numerical accounting 

5 of each category of consumer complaint. The data 

6 shall be updated not less frequently than quarterly, 

7 be aggregated by passenger vessel, and identify each 

8 passenger vessel by name. 

9 ‘‘(3) INVESTIGATIONS OF CONSUMER COM10 PLAINTS.—The Secretary of Transportation, in co11 ordination with other relevant Federal agencies, may 

12 investigate consumer complaints from passengers, 

13 including— 

14 ‘‘(A) cancellations, delays, and port skip15 ping; 

16 ‘‘(B) lost, damaged, and delayed baggage; 

17 ‘‘(C) conditions on board the passenger 

18 vessel; 

19 ‘‘(D) problems in obtaining refunds for un20 used or lost tickets or fare adjustments; 

21 ‘‘(E) incorrect or incomplete information 

22 about fares, discount fare conditions and avail23 ability, overcharges, and fare increases; 

24 ‘‘(F) deceptive or misleading advertising; 

25 and 


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1 ‘‘(G) compliance with Federal regulations. 

2 ‘‘(4) REFERRAL TO FEDERAL AGENCY.—The 

3 Secretary of Transportation may refer any complaint 

4 received under this subsection to the Attorney Gen5 eral or relevant Federal agency for action, as appro6 priate. 

7 ‘‘(5) NOTICE TO PASSENGERS..— 

8 ‘‘(A) INTERNET WEBSITES.—Each owner 

9 of a passenger vessel shall include in a con10 spicuous location on each Internet website that 

11 the owner of a passenger vessel maintains for 

12 passengers to purchase or book passage on a 

13 passenger vessel— 

14 ‘‘(i) the telephone number under para15 graph (1); and 

16 ‘‘(ii) any other information necessary 

17 for a passenger to submit a consumer com18 plaint for resolution. 

19 ‘‘(B) BOARDING DOCUMENTATION.—The 

20 owner of a passenger vessel shall include the 

21 telephone number and Internet address for con22 sumer complaints under paragraph (1) on— 

23 ‘‘(i) any promotional literature or ad24 vertising, through any medium of commu25 nication in the United States offering pasVerDate Mar 15 2010 23:35 Jul 24, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1340.IS S1340

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1 sage or soliciting passengers for ocean voy2 ages on passenger vessels, that the Sec3 retary of Transportation considers nec4 essary to adequately notify a prospective 

5 passenger of the telephone number and 

6 Internet address; and 

7 ‘‘(ii) any electronic confirmation of 

8 the purchase of passage on a passenger 

9 vessel. 

10 ‘‘(c) PENALTIES.— 

11 ‘‘(1) CIVIL PENALTY.—The Secretary of Trans12 portation may impose on any person that violates 

13 this section or a regulation under this section a civil 

14 penalty of not more than $25,000 for each day dur15 ing which the violation continues, except that the 

16 maximum penalty for a continuing violation is 

17 $50,000. 

18 ‘‘(2) CRIMINAL PENALTY.—Any person that 

19 willfully violates this section or a regulation under 

20 this section shall be fined not more than $250,000 

21 or imprisoned not more than 1 year, or both. 

22 ‘‘(d) REGULATIONS.—The Secretary of Transpor23 tation shall issue such regulations as are necessary to im24 plement this section. 

25 ‘‘(e) DEFINITIONS.—In this section: 


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1 ‘‘(1) KEY TERMS.—The term ‘key terms’ in2 cludes terms related to undisclosed costs and fees, 

3 indemnification, waivers, limitations on liability, no4 tice of claim and actions, time limitations, arbitra5 tion, forum, and jurisdiction. 

6 ‘‘(2) PASSAGE CONTRACT.—The term ‘passage 

7 contract’ means a binding agreement for passage on 

8 a passenger vessel. 

9 ‘‘(3) PASSENGER.—The term ‘passenger’ means 

10 a citizen of the United States carried on a passenger 

11 vessel. 

12 ‘‘(4) PASSENGER VESSEL.—The term ‘pas13 senger vessel’ means a passenger vessel (as defined 

14 in section 2101) to which this subchapter applies.’’. 

15 (b) BILL OF RIGHTS.—Not later than 180 days after 

16 the date of enactment of the Cruise Passenger Protection 

17 Act, the Secretary of Transportation shall determine 

18 whether any of the enumerated rights in the international 

19 cruise line passenger bill of rights, that was adopted by 

20 the members of the Cruise Lines International Associa21 tion, are enforceable under Federal law. The Secretary 

22 shall include in the standards developed under section 

23 3525(a) of title 46 United States Code, a statement in24 forming a prospective passenger— 


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1 (1) that the bill of rights is legally enforceable 

2 and that the passenger has a private right of action 

3 to enforce the bill of rights; and 

4 (2) of any legal action that a prospective pas5 senger may take to enforce the bill of rights. 

6 (c) ADVISORY COMMITTEE FOR PASSENGER VESSEL

7 CONSUMER PROTECTION.— 

8 (1) IN GENERAL.—The Secretary of Transpor9 tation (referred to in this subsection as the ‘‘Sec10 retary’’) shall establish an advisory committee for 

11 passenger vessel consumer protection to advise the 

12 Secretary in carrying out activities relating to pas13 senger vessel customer service improvements. 

14 (2) MEMBERSHIP.—The Secretary of Transpor15 tation shall appoint the members of the advisory 

16 committee, which shall be comprised of 1 representa17 tive each of— 

18 (A) owners of passenger vessels; 

19 (B) international industry-related associa20 tions; 

21 (C) State or local governments with exper22 tise in consumer protection matters; 

23 (D) nonprofit public interest groups with 

24 expertise in consumer protection matters; 


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1 (E) nonprofit public interest groups with 

2 expertise in victim assistance; and 

3 (F) relevant Federal agencies, as deter4 mined by the Secretary of Transportation. 

5 (3) VACANCIES.—A vacancy in the advisory 

6 committee shall be filled in the manner in which the 

7 original appointment was made. 

8 (4) TRAVEL EXPENSES.—Members of the advi9 sory committee shall serve without pay, but shall re10 ceive travel expenses, including per diem in lieu of 

11 subsistence, in accordance with subchapter I of 

12 chapter 57 of title 5, United States Code. 

13 (5) CHAIR.—The Secretary of Transportation 

14 shall designate, from among the individuals ap15 pointed under paragraph (2), an individual to serve 

16 as chair of the advisory committee. 

17 (6) DUTIES.—The duties of the advisory com18 mittee shall include— 

19 (A) evaluating existing passenger vessel 

20 consumer protection programs or services; 

21 (B) recommending improvements to the 

22 programs or services under subparagraph (A), 

23 as necessary; 


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1 (C) recommending additional passenger 

2 vessel consumer protection programs or serv3 ices, as necessary; and 

4 (D) recommending to the Secretary key 

5 terms in a passage contract that should be 

6 highlighted upfront, such as— 

7 (i) products and services available on 

8 board the passenger vessel for an undis9 closed cost or fee or otherwise are not in10 cluded in the price of passage; 

11 (ii) the country under which the pas12 senger vessel is registered or flagged; 

13 (iii) if the passenger vessel leaves the 

14 admiralty and maritime jurisdiction of the 

15 United States, a passenger may be subject 

16 to the law of a foreign country; 

17 (iv) the passenger vessel may not ac18 cept responsibility for any health care serv19 ices provided to a passenger by medical 

20 staff on board the passenger vessel; 

21 (v) the maximum amount an owner of 

22 a passenger vessel will reimburse a pas23 senger for lost or stolen property while on 

24 board the passenger vessel; and 


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1 (vi) where to file a notice of claim or 

2 initiate any legal action against the owner 

3 of the passenger vessel. 

4 (7) REPORT TO CONGRESS.—Not later than 

5 February 1 of each of the first 2 calendar years be6 ginning after the date of enactment of this Act, the 

7 Secretary shall transmit to Congress a report con8 taining— 

9 (A) the recommendations made by the ad10 visory committee during the preceding calendar 

11 year; and 

12 (B) an explanation of whether and how the 

13 industry has implemented each recommendation 

14 and, for each recommendation not implemented, 

15 the industry’s reason for not implementing the 

16 recommendation. 

17 (8) DEFINITION OF PASSENGER VESSEL.—In 

18 this subsection, the term ‘‘passenger vessel’’ has the 

19 meaning given the term in section 3525 of title 46, 

20 United States Code. 

21 SEC. 6. CRIME REPORTING AND PUBLIC NOTICE. 

22 (a) AVAILABILITY OF LOG BOOK AND ENTRIES TO

23 FBI AND OTHER INVESTIGATORS.—Section 3523(g)(1), 

24 as redesignated under section 2 of this Act, is amended— 


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1 (1) in subparagraph (A), by striking ‘‘in a cen2 tralized location readily accessible to law enforce3 ment personnel,’’; and 

4 (2) in subparagraph (B), by striking ‘‘make 

5 such log book available’’ and inserting ‘‘make the log 

6 book and all entries therein available, whether the 

7 log book and entries are maintained on board the 

8 vessel or at a centralized location off the vessel,’’. 

9 (b) DEADLINE TO NOTIFY FEDERAL BUREAU OF IN10 VESTIGATION REGARDING CERTAIN INCIDENTS.—Section 

11 3523(g)(3)(A)(i), as redesignated under section 2 of this 

12 Act, is amended— 

13 (1) by striking ‘‘shall contact’’ and inserting 

14 ‘‘subject to subparagraph (C), shall contact’’; and 

15 (2) by striking ‘‘after the occurrence on board 

16 the vessel of an incident involving’’ and inserting ‘‘, 

17 but not later than 4 hours, after an employee of the 

18 vessel is notified of an incident on board the vessel 

19 allegedly involving’’. 

20 (c) REPORTS BEFORE DEPARTURE.—Section 

21 3523(g)(3), as redesignated under section 2 of this Act, 

22 is amended by adding at the end the following: 

23 ‘‘(C) REPORTS BEFORE DEPARTURE.—If 

24 an employee of a vessel to which this sub25 chapter applies is notified of an incident under 


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1 subparagraph (A)(i) while the vessel is within 

2 the admiralty and maritime jurisdiction of the 

3 United States and en route to a United States 

4 port or at a United States port, the owner of 

5 the vessel (or the owner’s designee) shall con6 tact the nearest Federal Bureau of Investiga7 tion Field Office or Legal Attache not later 

8 than the time specified under subparagraph 

9 (A)(i) or before the vessel departs port, which10 ever is earlier.’’. 

11 (d) REPORTS TO UNITED STATES CONSULATES.— 

12 Section 3523(g)(3), as amended by section 6(c) of this 

13 Act, is further amended by adding at the end the fol14 lowing: 

15 ‘‘(D) REPORTS TO UNITED STATES CON16 SULATES.—If an incident under subparagraph 

17 (A)(i) allegedly involves an offense by or 

18 against a United States national, in addition to 

19 contacting the nearest Federal Bureau of Inves20 tigation Field Office or Legal Attache under 

21 that subparagraph, the owner of a vessel to 

22 which this subchapter applies (or the owner’s 

23 designee) shall contact the United States con24 sulate at the next port of call not later than the 

25 time specified under subparagraph (A)(i).’’. 


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1 (e) REPORTS TO SECRETARY OF TRANSPORTATION; 

2 INCIDENTS AND DETAILS.—Section 3523(g)(3)(A), as re3 designated under section 2 of this Act, is amended— 

4 (1) in clause (ii), by striking ‘‘the incident to an 

5 Internet based portal maintained by the Secretary’’ 

6 and inserting ‘‘each incident under clause (i), includ7 ing the details under paragraph (2), to the Internet 

8 based portal maintained by the Secretary of Trans9 portation under section 3526(i)’’; and 

10 (2) in clause (iii), by striking ‘‘by the Sec11 retary’’ and inserting ‘‘by the Secretary of Transpor12 tation under section 3526(i)’’. 

13 (f) AVAILABILITY OF SECURITY GUIDE VIA INTER14 NET.—Section 3523(c)(1), as redesignated under section 

15 2 of this Act, is amended— 

16 (1) in subparagraph (A)— 

17 (A) by striking ‘‘a guide (referred to in 

18 this subsection as the ‘security guide’ ’’ and in19 serting ‘‘a security guide’’; and 

20 (B) by striking ‘‘English, which’’ and in21 serting ‘‘English, that’’; and 

22 (2) in subparagraph (C), by striking ‘‘on the 

23 website of the vessel owner’’ and inserting ‘‘via a 

24 prominently accessible link on each Internet website 

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1 chase or book cruises on any vessel that the cruise 

2 line owns or operates, and to which this subchapter 

3 applies’’. 

4 SEC. 7. CRIME PREVENTION, DOCUMENTATION, AND RE5 SPONSE REQUIREMENTS. 

6 (a) MAINTENANCE AND PLACEMENT OF VIDEO SUR7 VEILLANCE EQUIPMENT.—Section 3523(b)(1), as redesig8 nated under section 2 of this Act, is amended— 

9 (1) by inserting ‘‘(A) IN GENERAL.—’’ before 

10 ‘‘The owner’’ and resetting the text accordingly; 

11 (2) by striking ‘‘, as determined by the Sec12 retary’’; and 

13 (3) by adding at the end, the following: 

14 ‘‘(B) PLACEMENT OF VIDEO SURVEIL15 LANCE EQUIPMENT.—With regard to the place16 ment of video surveillance equipment on a ves17 sel under subparagraph (A), the owner shall— 

18 ‘‘(i) place video surveillance equipment 

19 in each passenger common area where a 

20 person has no reasonable expectation of 

21 privacy; 

22 ‘‘(ii) place video surveillance equip23 ment in other areas where a person has no 

24 reasonable expectation of privacy; and 


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1 ‘‘(iii) place video surveillance equip2 ment in each area identified under clauses 

3 (i) and (ii) in a manner that provides opti4 mum surveillance of that area.’’. 

5 (b) ACCESS TO VIDEO RECORDS.—Section 3523(b), 

6 as redesignated under section 2 of this Act, is amended— 

7 (1) by redesignating paragraph (2) as para8 graph (3); and 

9 (2) in paragraph (3), as redesignated— 

10 (A) by inserting ‘‘(A) LAW ENFORCE11 MENT.—’’ before ‘‘The owner’’ and resetting 

12 the text accordingly; and 

13 (B) by adding at the end, the following: 

14 ‘‘(B) CIVIL ACTIONS.—The owner of a ves15 sel to which this subchapter applies shall pro16 vide to any individual or the individual’s legal 

17 representative, upon written request, a copy of 

18 all records of video surveillance— 

19 ‘‘(i) in which the individual is a sub20 ject of the video surveillance; and 

21 ‘‘(ii) that may provide evidence in a 

22 civil action. 

23 ‘‘(C) LIMITED ACCESS.—Except as pro24 vided under subparagraphs (A) and (B), the 

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1 plies shall ensure that access to records of video 

2 surveillance is limited to the purposes under 

3 this section.’’. 

4 (c) NOTICE OF VIDEO SURVEILLANCE.—Section 

5 3523(b), as amended by section 7(b) of this Act, is further 

6 amended by inserting before paragraph (3), the following: 

7 ‘‘(2) NOTICE OF VIDEO SURVEILLANCE.—The 

8 owner of a vessel to which this subchapter applies 

9 shall provide clear and conspicuous signs on board 

10 the vessel notifying the public of the presence of 

11 video surveillance equipment.’’. 

12 (d) RETENTION REQUIREMENTS.—Section 3523(b), 

13 as amended by section 7(c) of this Act, is further amended 

14 by adding at the end, the following: 

15 ‘‘(4) RETENTION REQUIREMENTS.— 

16 ‘‘(A) IN GENERAL.—The owner of a vessel 

17 to which this subchapter applies shall retain all 

18 records of video surveillance for a voyage for 

19 not less than 30 days after the completion of 

20 the voyage. If an incident described in sub21 section (g)(3)(A)(i) is alleged and reported to 

22 law enforcement, all records of video surveil23 lance from the voyage that the Federal Bureau 

24 of Investigation determines are relevant shall— 


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1 ‘‘(i) be provided to the Federal Bu2 reau of Investigation; and 

3 ‘‘(ii) be preserved by the vessel owner 

4 for not less than 5 years from the date of 

5 the alleged incident. 

6 ‘‘(B) INTERIM STANDARDS.—Not later 

7 than 180 days after the date of enactment of 

8 the Cruise Passenger Protection Act, the Com9 mandant, in consultation with the Federal Bu10 reau of Investigation, shall promulgate interim 

11 standards for the retention of records of video 

12 surveillance. 

13 ‘‘(C) FINAL STANDARDS.—Not later than 

14 1 year after the date of enactment of the Cruise 

15 Passenger Protection Act, the Commandant, in 

16 consultation with the Federal Bureau of Inves17 tigation, shall promulgate final standards for 

18 the retention of records of video surveillance. 

19 ‘‘(D) CONSIDERATIONS.—In promulgating 

20 standards under subparagraphs (B) and (C), 

21 the Commandant shall— 

22 ‘‘(i) consider factors that would aid in 

23 the investigation of serious crimes, includ24 ing crimes that go unreported until after 

25 the completion of a voyage; 


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1 ‘‘(ii) consider the different types of 

2 video surveillance systems and storage re3 quirements in creating standards both for 

4 vessels currently in operation and for ves5 sels newly built; 

6 ‘‘(iii) consider privacy, including 

7 standards for permissible access to and 

8 monitoring and use of the records of video 

9 surveillance; and 

10 ‘‘(iv) consider technological advance11 ments, including requirements to update 

12 technology.’’. 

13 (e) AUTHORITY TO PROVIDE ASSISTANCE TO VIC14 TIMS OF CRIMES ON BOARD PASSENGER VESSELS.— 

15 Chapter 35, as amended by section 5 of this Act, is further 

16 amended by adding at the end the following: 

17 ‘‘SEC. 3526. ASSISTANCE TO VICTIMS OF CRIMES ON BOARD 

18 CERTAIN PASSENGER VESSELS. 

19 ‘‘(a) PURPOSE.—The purpose of this section is to 

20 provide to a passenger who is an alleged victim of an inci21 dent described under section 3523(g)(3)(A)(i)— 

22 ‘‘(1) a written summary of rights; 

23 ‘‘(2) a primary point of contact within the Fed24 eral Government; and 


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1 ‘‘(3) a means of obtaining immediate, free, and 

2 confidential support services. 

3 ‘‘(b) DIRECTOR OF VICTIM SUPPORT SERVICES.— 

4 ‘‘(1) INTERIM DESIGNATION.—The Secretary of 

5 Transportation shall designate an interim director of 

6 victim support services. The interim director shall be 

7 an employee of the Department of Transportation 

8 and shall serve in the position until a final designa9 tion is made under paragraph (2). 

10 ‘‘(2) FINAL DESIGNATION.—Not later than 180 

11 days after the date of enactment of the Cruise Pas12 senger Protection Act, the Secretary of Transpor13 tation, in consultation with the Department of Jus14 tice and other relevant Federal agencies, shall— 

15 ‘‘(A) designate an employee of the Federal 

16 Government to serve as the director of victim 

17 support services under this section; and 

18 ‘‘(B) determine an effective way to pub19 licize the toll-free telephone number under sub20 section (c) and the availability of support serv21 ices. 

22 ‘‘(3) RESPONSIBILITIES.—The director of vic23 tim support services shall— 


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1 ‘‘(A) be responsible for acting as a primary 

2 point of contact within the Federal Government 

3 for the passenger described in subsection (a); 

4 ‘‘(B) coordinate with 1 or more non-profit 

5 organizations or other entities that can provide 

6 the types of support services described under 

7 subsection (d); 

8 ‘‘(C) establish a process for the passenger 

9 described in subsection (a) to obtain the appro10 priate types of support services described under 

11 subsection (d); 

12 ‘‘(D) recommend a process for the pas13 senger described in subsection (a) to obtain an 

14 appropriate continuum of care; 

15 ‘‘(E) recommend a process for the pas16 senger described in subsection (a) to obtain in17 formation on the status of any related criminal 

18 investigation; 

19 ‘‘(F) develop guidance, consistent with the 

20 purpose of this section, for the security guide 

21 under section 3523(c)(1), including a process to 

22 ensure that an owner of a passenger vessel pro23 vides a copy of the security guide to a pas24 senger immediately after the vessel is notified 


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1 that the passenger is an alleged victim of an in2 cident described under subsection (g)(3)(A)(i); 

3 ‘‘(G) periodically update that guidance, as 

4 necessary; and 

5 ‘‘(H) be the primary liaison between the 

6 passenger described in subsection (a) and— 

7 ‘‘(i) the owner of the passenger vessel; 

8 ‘‘(ii) any relevant Federal agency; 

9 ‘‘(iii) any relevant United States em10 bassy or United States consulate; and 

11 ‘‘(iv) any other person that the direc12 tor of victim support services considers 

13 necessary to carry out the purpose of this 

14 section. 

15 ‘‘(c) TOLL-FREE TELEPHONE NUMBER.—The Sec16 retary of Transportation shall establish a toll-free tele17 phone number, available 24 hours each day, that a pas18 senger described in subsection (a) can call to initiate the 

19 process under subsection (b)(3)(C). 

20 ‘‘(d) SUPPORT SERVICES.—The director of victim 

21 support services shall determine the types of support serv22 ices that a passenger described in subsection (a) can ob23 tain, such as— 


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1 ‘‘(1) directions on how to report an incident de2 scribed under section 3523(g)(3)(A)(i) to appro3 priate authorities; 

4 ‘‘(2) an explanation of or assistance completing 

5 necessary forms to report an incident described 

6 under section 3523(g)(3)(A)(i); 

7 ‘‘(3) an explanation of how or assistance to ob8 tain support services under this section; 

9 ‘‘(4) arranging, if appropriate, for mental 

10 health and counseling services; 

11 ‘‘(5) arranging, if possible, for education re12 garding and advocacy during applicable criminal jus13 tice proceedings; and 

14 ‘‘(6) communicating with that passenger as to 

15 the roles of the organization, government agencies, 

16 and the owner of the passenger vessel involved with 

17 respect to the incident and the post-incident activi18 ties. 

19 ‘‘(e) SUMMARY OF RIGHTS.—Not later than 180 days 

20 after the date of enactment of the Cruise Passenger Pro21 tection Act, the Secretary of Transportation, in consulta22 tion with the Department of Justice, other relevant Fed23 eral agencies, non-profit public interest groups with exper24 tise in victim assistance, and such other persons that the 

25 Secretary of Transportation considers necessary, shall— 


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1 ‘‘(1) determine what rights a passenger de2 scribed in subsection (a) may have under law, such 

3 as the right to contact the Federal Bureau of Inves4 tigation to report the crime, the right to contact the 

5 director of victim support services, and the right to 

6 speak confidentially to Federal law enforcement, the 

7 director of victim support services, and any other 

8 third-party victim advocate without any representa9 tive or employee of the passenger vessel present; 

10 ‘‘(2) develop a written summary of those rights; 

11 and 

12 ‘‘(3) establish a process for a passenger de13 scribed in subsection (a) to receive the written sum14 mary of rights as soon as practicable after an al15 leged incident described under section 

16 3523(g)(3)(A)(i). 

17 ‘‘(f) GUARDIANS AND RELATIVES.—If a passenger 

18 described in subsection (a) is deceased or is a minor, or 

19 under such other circumstances that the director of victim 

20 support services considers necessary, the director may pro21 vide support services under this section to a guardian or 

22 relative of that passenger. 

23 ‘‘(g) USE OF PASSENGER VESSEL RESOURCES.—As 

24 appropriate, the resources of the passenger vessel should 


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1 be used to the greatest extent possible to carry out the 

2 purpose under this section. 

3 ‘‘(h) STATUTORY CONSTRUCTION.—Nothing in this 

4 section may be construed as limiting the obligations that 

5 an owner of a passenger vessel may have in providing as6 sistance to a passenger who is an alleged victim of an inci7 dent described under section 3523(g)(3)(A)(i). 

8 ‘‘(i) AVAILABILITY OF INCIDENT DATA VIA INTER9 NET.— 

10 ‘‘(1) IN GENERAL.—The Secretary of Transpor11 tation shall maintain a statistical compilation of all 

12 incidents described in section 3523(g)(3)(A) on an 

13 Internet website that provides a numerical account14 ing of the missing persons and alleged crimes duly 

15 recorded in each report filed under paragraph (3) of 

16 that section. Each such incident shall be included in 

17 the statistical compilation irrespective of its inves18 tigative status. The data shall be updated not less 

19 frequently than quarterly, be aggregated by cruise 

20 line, identify each cruise line by name, identify each 

21 crime and alleged crime as to whether it was com22 mitted or allegedly committed by a passenger (as de23 fined in section 2101) or crew member, identify each 

24 crime and alleged crime as to whether it was com25 mitted or allegedly committed against a minor, and 


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1 identify the number of alleged individuals overboard. 

2 The Secretary of Transportation shall ensure that 

3 the compilation, data, and any other information 

4 provided on the Internet website is in a user-friendly 

5 format. 

6 ‘‘(2) ACCESS TO WEBSITE.—Each owner of a 

7 passenger vessel shall include a prominently acces8 sible link to the Internet website maintained by the 

9 Secretary of Transportation under paragraph (1) on 

10 each Internet website that the owner maintains for 

11 prospective passengers to purchase or book passage 

12 on the passenger vessel. 

13 ‘‘(j) REGULATIONS.—The Secretary of Transpor14 tation shall issue such regulations as are necessary to im15 plement this section. 

16 ‘‘(k) DEFINITIONS.—In this section: 

17 ‘‘(1) PASSENGER.—Except as expressly pro18 vided otherwise, the term ‘passenger’ means a cit19 izen of the United States carried on a passenger ves20 sel without regard to whether the individual pur21 chased passage on the passenger vessel or is em22 ployed by the owner of the passenger vessel. 

23 ‘‘(2) PASSENGER VESSEL.—The term ‘pas24 senger vessel’ means a passenger vessel (as defined 

25 in section 2101) to which this subchapter applies.’’. 


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1 (f) STUDY.—Not later than 1 year after the date of 

2 enactment of this Act, the Secretary of Transportation, 

3 in coordination with the Secretary of the department in 

4 which the Coast Guard is operating, Attorney General, 

5 and heads of other relevant Federal agencies, shall con6 duct a study to determine the feasibility of having an indi7 vidual on board each passenger vessel (as defined in sec8 tion 3526 of title 46, United States Code) to provide vic9 tim support services, including the support services under 

10 section 3526(d) of title 46, United States Code, and re11 lated safety and security services, and shall report the 

12 findings to Congress. The study shall include consider13 ation of the cost, the benefit to passengers, jurisdiction, 

14 and logistics. 

15 (g) CRIMINAL ACTIVITY PREVENTION AND RE16 SPONSE GUIDE.—Section 3523(c)(1), as amended by sec17 tion 6(f) of this Act, is further amended— 

18 (1) in subparagraph (A)— 

19 (A) by redesignating clause (ii) as clause 

20 (vi); 

21 (B) by inserting after clause (i), the fol22 lowing: 

23 ‘‘(ii) describes the availability of sup24 port services under section 3526, including 

25 any contact information provided by the 


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1 Secretary of Transportation or director of 

2 victim support services under that section; 

3 ‘‘(iii) includes the summary of rights 

4 under section 3526; 

5 ‘‘(iv) includes the summary under sec6 tion 3525(a); 

7 ‘‘(v) includes the toll-free hotline tele8 phone number and consumer complaints 

9 Internet website link under section 

10 3525(b);’’; 

11 (C) by inserting ‘‘and’’ at the end of clause 

12 (vi), as redesignated; and 

13 (D) by adding at the end the following: 

14 ‘‘(vii) includes such other information 

15 as the Secretary of Transportation rec16 ommends under section 3526(b)(3)(F);’’; 

17 and 

18 (2) by amending subparagraph (B) to read as 

19 follows: 

20 ‘‘(B) provide a copy of the security guide 

21 to— 

22 ‘‘(i) the Secretary of Transportation 

23 for review; 

24 ‘‘(ii) the Federal Bureau of Investiga25 tion for comment; and 


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1 ‘‘(iii) a passenger immediately after 

2 the vessel is notified that the passenger is 

3 an alleged victim of an incident described 

4 under subsection (g)(3)(A)(i); and’’. 

5 (h) MINIMUM NUMBER OF MEDICAL STAFF.—Not 

6 later than 1 year after the date of enactment of this Act, 

7 the Secretary of Transportation shall determine and re8 quire, by regulation, a minimum number of medical staff, 

9 and appropriate qualifications, under section 3523(d)(3) 

10 of title 46, United States Code, that should be available 

11 on a vessel per 1,000 passengers. 

12 (i) MAINTENANCE OF SUPPLIES TO PREVENT SEXU13 ALLY TRANSMITTED DISEASES.—Section 3523(d)(1), as 

14 redesignated by section 2 of this Act, is amended by in15 serting ‘‘(taking into consideration the length of the voy16 age and the number of passengers and crewmembers that 

17 the vessel can accommodate)’’ after ‘‘a sexual assault’’. 

18 (j) SEXUAL ASSAULT; CONTACT INFORMATION.— 

19 Section 3523(d)(5)(A), as redesignated by section 2 of this 

20 Act, is amended by striking ‘‘the United States Coast 

21 Guard,’’. 

22 (k) SEXUAL ASSAULT; PRIVATE TELEPHONE

23 LINE.—Section 3523(d)(5)(B), as redesignated by section 

24 2 of this Act, is amended by inserting ‘‘under section 3526 

25 or’’ after ‘‘the information and support services available’’. 


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1 (l) CRIME SCENE PRESERVATION TRAINING; CER2 TIFICATION OF ORGANIZATIONS BY MARAD.—Section 

3 3524(a), as redesignated by section 2 of this Act, is 

4 amended by striking ‘‘may certify’’ and inserting ‘‘shall 

5 certify’’. 

6 (m) CREW ACCESS TO PASSENGER STATEROOMS; 

7 PROCEDURES AND RESTRICTIONS.—Section 3523(f), as 

8 redesignated by section 2 of this Act, is amended— 

9 (1) in paragraph (1)— 

10 (A) by striking ‘‘and’’ at the end subpara11 graph (A); and 

12 (B) by adding at the end the following: 

13 ‘‘(C) a system that electronically records 

14 the date, time, and identity of each crew mem15 ber accessing each passenger stateroom; and’’; 

16 and 

17 (2) in paragraph (2), by striking ‘‘are fully and 

18 properly implemented and periodically reviewed.’’ 

19 and inserting ‘‘are fully and properly implemented, 

20 reviewed annually, and updated as necessary.’’. 

21 SEC. 8. PASSENGER VESSEL SECURITY AND SAFETY RE22 QUIREMENTS. 

23 (a) VESSEL DESIGN, EQUIPMENT, CONSTRUCTION, 

24 AND RETROFITTING REQUIREMENTS.—Section 3523(a), 

25 as redesignated by section 2 of this Act, is amended— 


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1 (1) in paragraph (1)— 

2 (A) in the matter preceding subparagraph 

3 (A), by striking ‘‘to which this subsection ap4 plies’’ and inserting ‘‘to which this subchapter 

5 applies’’; 

6 (B) in subparagraph (A)— 

7 (i) by striking ‘‘The vessel’’ and in8 serting ‘‘Each exterior deck of a vessel’’; 

9 and 

10 (ii) by striking the period at the end 

11 and inserting ‘‘unless the height require12 ment would interfere with the deployment 

13 of a lifesaving device or other emergency 

14 equipment as identified by the Com15 mandant.’’; and 

16 (C) in subparagraph (B), by striking 

17 ‘‘entry doors that include peep holes or other 

18 means of visual identification.’’ and inserting 

19 ‘‘an entry door that includes a peep hole or 

20 other means of visual identification that pro21 vides an unobstructed view of the area outside 

22 the stateroom or crew cabin. For purposes of 

23 this subparagraph, the addition of an optional 

24 privacy cover on the interior side of the entry 


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1 shall not in and of itself constitute an obstruc2 tion.’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(4) WAIVERS; RECORD OF WAIVERS.—The 

5 Secretary— 

6 ‘‘(A) may waive a requirement under para7 graph (1) as the Secretary determines nec8 essary; and 

9 ‘‘(B) shall maintain a record of each waiv10 er under subparagraph (A).’’. 

11 (b) DEFINITION OF EXTERIOR DECK.—Section 

12 3523(l), as redesignated by section 2 of this Act, is 

13 amended to read as follows— 

14 ‘‘(l) DEFINITION OF EXTERIOR DECK.—In this sec15 tion, the term ‘exterior deck’ means any exterior weather 

16 deck on which a passenger may be present, including pas17 senger stateroom balconies, exterior promenades on pas18 senger decks, muster stations, and similar exterior weath19 er deck areas.’’. 

20 SEC. 9. ENFORCEMENT. 

21 (a) INFORMATION SHARING.— 

22 (1) IN GENERAL.—To the extent not prohibited 

23 by other law, the head of a designated agency shall 

24 make available to another head of a designated 

25 agency any information necessary to carry out the 


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1 provisions of subchapter II of chapter 35 of title 46, 

2 United States Code. The provision by the head of a 

3 designated agency of any information under this 

4 subsection to another head of a designated agency 

5 shall not constitute a waiver, or otherwise effect, any 

6 privilege any agency or person may claim with re7 spect to that information under Federal or State 

8 law. 

9 (2) DEFINITION OF HEAD OF A DESIGNATED

10 AGENCY.—In this subsection, the term ‘‘head of a 

11 designated agency’’ means the Secretary of Trans12 portation, Secretary of Homeland Security, or Attor13 ney General. 

14 (b) PASSENGER VESSEL SECURITY AND SAFETY RE15 QUIREMENTS; DENIAL OF ENTRY.—Section 3523(h), as 

16 redesignated by section 2 of this Act, is amended— 

17 (1) by striking paragraph (2); 

18 (2) by striking ‘‘ENFORCEMENT.—’’ in the 

19 heading and inserting ‘‘PENALTIES.—’’; 

20 (3) by striking ‘‘(1) PENALTIES.—’’ through 

21 ‘‘(A) CIVIL PENALTY.—’’ and inserting ‘‘(1) CIVIL

22 PENALTY.—’’; and 

23 (4) by redesignating subparagraph (B) as para24 graph (2). 


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1 (c) CRIME SCENE PRESERVATION TRAINING; DE2 NIAL OF ENTRY.—Section 3523(f), as redesignated by 

3 section 2 of this Act, is repealed. 

4 (d) ENFORCEMENT.—Chapter 35, as amended by 

5 section 7 of this Act, is further amended by adding at the 

6 end the following: 

7 ‘‘§ 3527. Refusal of clearance; denial of entry 

8 ‘‘(a) CLEARANCE.—The Secretary of Homeland Se9 curity may withhold or revoke the clearance required 

10 under section 60105 of any vessel of the owner of a vessel 

11 to which this subchapter applies, wherever the vessel is 

12 found, if the owner of the vessel— 

13 ‘‘(1) commits an act or omission for which a 

14 penalty may be imposed under this subchapter; or 

15 ‘‘(2) fails to pay a penalty imposed on the 

16 owner under this subchapter. 

17 ‘‘(b) DENIAL OF ENTRY.—The Secretary of the de18 partment in which the Coast Guard is operating may deny 

19 entry into the United States to a vessel to which this sub20 chapter applies if the owner of the vessel— 

21 ‘‘(1) commits an act or omission for which a 

22 penalty may be imposed under this subchapter; or 

23 ‘‘(2) fails to pay a penalty imposed on the 

24 owner under this subchapter.’’. 


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1 SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS. 

2 (a) APPLICATION.— 

3 (1) Section 3523, as redesignated by section 2 

4 of this Act, is amended— 

5 (A) by striking subsection (k); and 

6 (B) by redesignating subsection (l), as 

7 amended by section 8 of this Act, as subsection 

8 (k). 

9 (2) Section 3523, as redesignated by section 2 

10 of this Act, is amended by striking ‘‘to which this 

11 section applies’’ each place it appears and inserting 

12 ‘‘to which this subchapter applies’’. 

13 (3) Section 3524, as redesignated by section 2 

14 of this Act, is amended by striking ‘‘to which this 

15 section applies’’ each place it appears and inserting 

16 ‘‘to which this subchapter applies’’. 

17 (b) AVAILABILITY OF INCIDENT DATA VIA INTER18 NET.—Section 3523(g)(4), as redesignated under section 

19 2 of this Act, is repealed. 

20 (c) ELAPSED EFFECTIVE DATES.—Section 3523(a), 

21 as amended by section 8 of this Act, is further amended— 

22 (1) by striking paragraph (3); and 

23 (2) by redesignating paragraph (4) as para24 graph (3). 

25 (d) PROCEDURES.—Section 3523(i), as redesignated 

26 by section 2 of this Act, is amended by striking ‘‘Within 


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1 6 months after the date of enactment of the Cruise Vessel 

2 Security and Safety Act of 2010, the’’ and inserting 

3 ‘‘The’’. 

4 (e) TABLE OF CONTENTS.—The table of contents for 

5 chapter 35 is amended— 

6 (1) by inserting before the item relating to sec7 tion 3501 the following: 

‘‘SUBCHAPTER I. GENERAL PROVISIONS’’; 

8 (2) by striking the item relating to section 3507 

9 and inserting the following: 

‘‘3523. Passenger vessel security and safety requirements.’’; 

10 (3) by striking the item relating to section 3508 

11 and inserting the following: 

‘‘3524. Crime scene preservation training for passenger vessel crewmembers.’’; 

12 (4) by inserting after the item relating to sec13 tion 3506 the following: 

‘‘SUBCHAPTER II. CRUISE VESSELS’’; 

14 (5) by inserting before the item relating to sec15 tion 3523, the following: 

‘‘3521. Application. 

‘‘3522. Definitions.’’; 

16 and 

17 (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.’’. 


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1 SEC. 11. BUDGET COMPLIANCE. 

2 The budgetary effects of this Act, for the purpose of 

3 complying with the Statutory Pay-As-You-Go Act of 2010, 

4 shall be determined by reference to the latest statement 

5 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

6 Act, submitted for printing in the Congressional Record 

7 by the Chairman of the Senate Budget Committee, pro8 vided that such statement has been submitted prior to the 

9 vote on passage. 

Æ 


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