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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1340 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Cruise Passenger 
Protection Act''.
    (b) References to Title 46, United States Code.--Except as 
otherwise expressly provided, wherever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of title 46, United States Code.

SEC. 2. CRUISE VESSEL SUBCHAPTER.

    Chapter 35 is amended:
            (1) by inserting before section 3501 the following:

                 ``Subchapter I--General Provisions'';

            (2) by inserting before section 3507 the following:

                   ``Subchapter II--Cruise Vessels'';

        and
            (3) by redesignating sections 3507 and 3508 as sections 
        3523 and 3524, respectively.

SEC. 3. APPLICATION.

    Chapter 35, as amended by section 2 of this Act, is further amended 
by inserting before section 3523 the following:
``Sec. 3521. Application
    ``(a) In General.--This subchapter applies to a passenger vessel 
(as defined in section 2101(22)) that--
            ``(1) is authorized to carry at least 250 passengers;
            ``(2) has on board sleeping facilities for each passenger;
            ``(3) is on a voyage that embarks or disembarks passengers 
        in the United States; and
            ``(4) is not engaged on a coastwise voyage.
    ``(b) Federal and State Vessels.--This subchapter does not apply to 
a vessel of the United States operated by the Federal Government or a 
vessel owned and operated by a State.''.

SEC. 4. DEFINITIONS.

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

SEC. 5. PASSENGER VESSEL CONSUMER SERVICE IMPROVEMENTS.

    (a) In General.--Chapter 35, as amended by section 2 of 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 
        upfront and before they 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) Recommendations.--The standards shall include 
        recommendations regarding the following:
                    ``(A) Appearance.--The standards shall recommend 
                style, formatting, and placement that ensures that the 
                summary is conspicuous.
                    ``(B) Language.--The standards shall recommend 
                terminology that ensures that the summary is clear, 
                unambiguous, unmistakable, and, to the greatest extent 
                possible, uniform, concise, and not complex.
            ``(3) Periodic review.--The Secretary of Transportation 
        shall periodically review and update, as appropriate, the 
        standards.
            ``(4) Requirements.--Not later than 180 days after the date 
        that the standards are developed, 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 they 
                are binding.
            ``(5) Preemption.--The standards developed under this 
        subsection shall preempt any related State standards that 
        require a summary that provides less information to a 
        prospective passenger than that 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 under section 
                3526(i); and
                    ``(C) notify the public of--
                            ``(i) the telephone number under 
                        subparagraph (A); and
                            ``(ii) the Internet website under section 
                        3526(i).
            ``(2) Website.--The Secretary of Transportation shall 
        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. 
        The data shall be updated not less frequently than quarterly, 
        be aggregated by passenger vessel, and 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 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 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 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 or imprisoned not more than 1 year, or 
        both.
    ``(d) Regulations.--The Secretary of Transportation shall issue 
such regulations as are necessary to implement this section.
    ``(e) Definitions.--In this section:
            ``(1) 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.
            ``(2) Passage contract.--The term `passage contract' means 
        a binding agreement for passage on a passenger vessel.
            ``(3) Passenger.--The term `passenger' means a citizen of 
        the United States carried on a passenger vessel.
            ``(4) Passenger vessel.--The term `passenger vessel' means 
        a passenger vessel (as defined in section 2101) to which this 
        subchapter applies.''.
    (b) Bill of Rights.--Not later than 180 days after the date of 
enactment of the Cruise Passenger Protection Act, the Secretary of 
Transportation shall determine whether any of the enumerated rights in 
the international cruise line passenger bill of rights, that was 
adopted by the members of the Cruise Lines International Association, 
are enforceable under Federal law. The Secretary shall include in the 
standards developed under section 3525(a) of title 46 United States 
Code, a statement informing a prospective passenger--
            (1) that the bill of rights is legally enforceable and that 
        the passenger has a private right of action to enforce the bill 
        of rights; and
            (2) of any legal action that a prospective passenger may 
        take to enforce the bill of rights.
    (c) Advisory Committee for Passenger Vessel Consumer Protection.--
            (1) In general.--The Secretary of Transportation (referred 
        to in this subsection as the ``Secretary'') shall establish an 
        advisory committee for passenger vessel consumer protection 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 duties of the advisory committee shall 
        include--
                    (A) evaluating existing passenger vessel consumer 
                protection programs or services;
                    (B) recommending improvements to the programs or 
                services under subparagraph (A), as necessary;
                    (C) recommending additional passenger vessel 
                consumer protection programs or services, as necessary; 
                and
                    (D) recommending to the Secretary key terms in a 
                passage contract that should be highlighted upfront, 
                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 
        enactment of this Act, the Secretary shall transmit to Congress 
        a report containing--
                    (A) the recommendations made by the advisory 
                committee during the preceding calendar year; and
                    (B) an explanation of whether and how the industry 
                has implemented each recommendation and, 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 3525 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 of 
this Act, is amended--
            (1) in subparagraph (A), by striking ``in a centralized 
        location readily accessible to law enforcement personnel,''; 
        and
            (2) in subparagraph (B), by striking ``make such log book 
        available'' and inserting ``make the log book and all entries 
        therein available, whether the log book and entries are 
        maintained on board the vessel or at a centralized location off 
        the vessel,''.
    (b) Deadline To Notify Federal Bureau of Investigation Regarding 
Certain Incidents.--Section 3523(g)(3)(A)(i), as redesignated under 
section 2 of this Act, is amended--
            (1) by striking ``shall contact'' and inserting ``subject 
        to subparagraph (C), shall contact''; and
            (2) by striking ``after the occurrence on board the vessel 
        of an incident involving'' and inserting ``, but not later than 
        4 hours, after an employee of the vessel is notified of an 
        incident on board the vessel allegedly involving''.
    (c) Reports Before Departure.--Section 3523(g)(3), as redesignated 
under section 2 of this Act, is amended by adding at the end the 
following:
                    ``(C) Reports before departure.--If an employee of 
                a vessel to which this subchapter applies is notified 
                of an incident under subparagraph (A)(i) while the 
                vessel is within the admiralty and maritime 
                jurisdiction of the United States and en route to a 
                United States port or at a United States port, the 
                owner of the vessel (or the owner's designee) shall 
                contact the nearest Federal Bureau of Investigation 
                Field Office or Legal Attache not later than the time 
                specified under subparagraph (A)(i) or before the 
                vessel departs port, whichever is earlier.''.
    (d) Reports to United States Consulates.--Section 3523(g)(3), as 
amended by section 6(c) of this Act, is further amended by adding at 
the end the following:
                    ``(D) Reports to united states consulates.--If an 
                incident under subparagraph (A)(i) allegedly involves 
                an offense by or against a United States national, in 
                addition to contacting the nearest Federal Bureau of 
                Investigation Field Office or Legal Attache under that 
                subparagraph, the owner of a vessel to which this 
                subchapter applies (or the owner's designee) shall 
                contact the United States consulate at the next port of 
                call not later than the time specified under 
                subparagraph (A)(i).''.
    (e) Reports to Secretary of Transportation; Incidents and 
Details.--Section 3523(g)(3)(A), as redesignated under section 2 of 
this Act, is amended--
            (1) in clause (ii), by striking ``the incident to an 
        Internet based portal maintained by the Secretary'' and 
        inserting ``each incident under clause (i), including the 
        details under paragraph (2), to the Internet based portal 
        maintained by the Secretary of Transportation under section 
        3526(i)''; and
            (2) in clause (iii), by striking ``by the Secretary'' and 
        inserting ``by the Secretary of Transportation under section 
        3526(i)''.
    (f) Availability of Security Guide Via Internet.--Section 
3523(c)(1), as redesignated under section 2 of this Act, is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``a guide (referred to in this 
                subsection as the `security guide''' and inserting ``a 
                security guide''; and
                    (B) by striking ``English, which'' and inserting 
                ``English, that''; and
            (2) in subparagraph (C), by striking ``on the website of 
        the vessel owner'' and inserting ``via a prominently accessible 
        link on each Internet website that the cruise line maintains 
        for passengers to purchase or book cruises on any vessel that 
        the cruise line owns or operates, and to which this subchapter 
        applies''.

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

    (a) Maintenance and Placement of Video Surveillance Equipment.--
Section 3523(b)(1), as redesignated under section 2 of this Act, is 
amended--
            (1) by inserting ``(A) In general.--'' before ``The owner'' 
        and resetting the text accordingly;
            (2) by striking ``, as determined by the Secretary''; and
            (3) by adding at the end, the following:
                    ``(B) Placement of video surveillance equipment.--
                With regard to the placement of video surveillance 
                equipment on a vessel under subparagraph (A), the owner 
                shall--
                            ``(i) place video surveillance equipment in 
                        each passenger common area where a person has 
                        no reasonable expectation of privacy;
                            ``(ii) place video surveillance equipment 
                        in other areas where a person has no reasonable 
                        expectation of privacy; and
                            ``(iii) place video surveillance equipment 
                        in each area identified under clauses (i) and 
                        (ii) in a manner that provides optimum 
                        surveillance of that area.''.
    (b) Access to Video Records.--Section 3523(b), as redesignated 
under section 2 of this Act, is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) in paragraph (3), as redesignated--
                    (A) by inserting ``(A) Law enforcement.--'' before 
                ``The owner'' and resetting the text accordingly; and
                    (B) by adding at the end, the following:
                    ``(B) Civil actions.--The owner of a vessel to 
                which this subchapter applies shall provide to any 
                individual or the individual's legal representative, 
                upon written request, a copy of all records of video 
                surveillance--
                            ``(i) in which the individual is a subject 
                        of the video surveillance; and
                            ``(ii) that may provide evidence in a civil 
                        action.
                    ``(C) Limited access.--Except as provided under 
                subparagraphs (A) and (B), the owner of a vessel to 
                which this subchapter applies shall ensure that access 
                to records of video surveillance is limited to the 
                purposes under this section.''.
    (c) Notice of Video Surveillance.--Section 3523(b), as amended by 
section 7(b) of this Act, is further amended by inserting before 
paragraph (3), the following:
            ``(2) Notice of video surveillance.--The owner of a vessel 
        to which this subchapter applies shall provide clear and 
        conspicuous signs on board the vessel notifying the public of 
        the presence of video surveillance equipment.''.
    (d) Retention Requirements.--Section 3523(b), as amended by section 
7(c) of this Act, is further amended by adding at the end, the 
following:
            ``(4) Retention requirements.--
                    ``(A) In general.--The owner of a vessel to which 
                this subchapter applies shall retain all records of 
                video surveillance for a voyage for not less than 30 
                days after the completion of the voyage. If an incident 
                described in subsection (g)(3)(A)(i) is alleged and 
                reported to law enforcement, all records of video 
                surveillance from the voyage that the Federal Bureau of 
                Investigation determines are relevant shall--
                            ``(i) be provided to the Federal Bureau of 
                        Investigation; and
                            ``(ii) be preserved by the vessel owner for 
                        not less than 5 years from the date of the 
                        alleged incident.
                    ``(B) Interim standards.--Not later than 180 days 
                after the date of enactment of the Cruise Passenger 
                Protection Act, the Commandant, in consultation with 
                the Federal Bureau of Investigation, shall promulgate 
                interim standards for the retention of records of video 
                surveillance.
                    ``(C) Final standards.--Not later than 1 year after 
                the date of enactment of the Cruise Passenger 
                Protection Act, the Commandant, in consultation with 
                the Federal Bureau of Investigation, shall promulgate 
                final standards for the retention of records of video 
                surveillance.
                    ``(D) Considerations.--In promulgating standards 
                under subparagraphs (B) and (C), the Commandant shall--
                            ``(i) consider factors that would aid in 
                        the investigation of serious crimes, including 
                        crimes that go unreported until after the 
                        completion of a voyage;
                            ``(ii) consider the different types of 
                        video surveillance systems and storage 
                        requirements in creating standards both for 
                        vessels currently in operation and for vessels 
                        newly built;
                            ``(iii) consider privacy, including 
                        standards for permissible access to and 
                        monitoring and use of the records of video 
                        surveillance; and
                            ``(iv) consider technological advancements, 
                        including requirements to update technology.''.
    (e) Authority To Provide Assistance to Victims of Crimes on Board 
Passenger Vessels.--Chapter 35, as amended by section 5 of 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 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 
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 such incident shall be included in the 
        statistical compilation irrespective of its investigative 
        status. The data shall be updated not less frequently than 
        quarterly, be aggregated by cruise line, identify each cruise 
        line by name, identify each crime and alleged crime as to 
        whether it was committed or allegedly committed by a passenger 
        (as defined in section 2101) or crew member, identify each 
        crime and alleged crime as to whether it was committed or 
        allegedly committed against a minor, and identify the number of 
        alleged individuals overboard. The Secretary of Transportation 
        shall ensure that the compilation, data, and any other 
        information provided on the Internet website is in a user-
        friendly format.
            ``(2) Access to website.--Each owner of a passenger vessel 
        shall include a prominently accessible link to the Internet 
        website maintained by the Secretary of Transportation under 
        paragraph (1) on each Internet website that the owner maintains 
        for prospective passengers to purchase or book passage on the 
        passenger vessel.
    ``(j) Regulations.--The Secretary of Transportation shall issue 
such regulations as are necessary to implement this section.
    ``(k) Definitions.--In this section:
            ``(1) Passenger.--Except as expressly provided otherwise, 
        the term `passenger' means a citizen of the United States 
        carried on a passenger vessel without regard to whether the 
        individual purchased passage on the passenger vessel or is 
        employed by the owner of the passenger vessel.
            ``(2) Passenger vessel.--The term `passenger vessel' means 
        a passenger vessel (as defined in section 2101) to which this 
        subchapter applies.''.
    (f) Study.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation, in coordination with the 
Secretary of the department in which the Coast Guard is operating, 
Attorney General, and heads of other relevant Federal agencies, shall 
conduct a study to determine the feasibility of having an individual on 
board each passenger vessel (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, and shall report the findings 
to Congress. The study shall include consideration of the cost, the 
benefit to passengers, jurisdiction, and logistics.
    (g) Criminal Activity Prevention and Response Guide.--Section 
3523(c)(1), as amended by section 6(f) of this Act, is further 
amended--
            (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) by inserting ``and'' at the end of clause (vi), 
                as redesignated; 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''.
    (h) Minimum Number of Medical Staff.--Not later than 1 year after 
the date of enactment of this Act, the Secretary of Transportation 
shall determine and require, by regulation, a minimum number of medical 
staff, and appropriate qualifications, under section 3523(d)(3) of 
title 46, United States Code, that should be available on a vessel per 
1,000 passengers.
    (i) 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''.
    (j) 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,''.
    (k) 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''.
    (l) 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''.
    (m) Crew Access to Passenger Staterooms; Procedures and 
Restrictions.--Section 3523(f), as redesignated by section 2 of this 
Act, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``and'' at the end subparagraph 
                (A); and
                    (B) by adding at the end the following:
                    ``(C) a system that electronically records the 
                date, time, and identity of each crew member accessing 
                each passenger stateroom; and''; and
            (2) in paragraph (2), by striking ``are fully and properly 
        implemented and periodically reviewed.'' and inserting ``are 
        fully and properly implemented, reviewed annually, and updated 
        as necessary.''.

SEC. 8. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS.

    (a) Vessel Design, Equipment, Construction, and Retrofitting 
Requirements.--Section 3523(a), as redesignated by section 2 of this 
Act, is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``to which this subsection applies'' and 
                inserting ``to which this subchapter applies'';
                    (B) in subparagraph (A)--
                            (i) by striking ``The vessel'' and 
                        inserting ``Each exterior deck of a vessel''; 
                        and
                            (ii) by striking the period at the end and 
                        inserting ``unless the height requirement would 
                        interfere with the deployment of a lifesaving 
                        device or other emergency equipment as 
                        identified by the Commandant.''; and
                    (C) in subparagraph (B), by striking ``entry doors 
                that include peep holes or other means of visual 
                identification.'' and inserting ``an entry door that 
                includes a peep hole or other means of visual 
                identification that provides an unobstructed view of 
                the area outside the stateroom or crew cabin. For 
                purposes of this subparagraph, the addition of an 
                optional privacy cover on the interior side of the 
                entry shall not in and of itself constitute an 
                obstruction.''; and
            (2) by adding at the end the following:
            ``(4) Waivers; record of waivers.--The Secretary--
                    ``(A) may waive a requirement under paragraph (1) 
                as the Secretary determines necessary; and
                    ``(B) shall maintain a record of each waiver under 
                subparagraph (A).''.
    (b) Definition of Exterior Deck.--Section 3523(l), as redesignated 
by section 2 of this Act, is amended to read as follows--
    ``(l) Definition of Exterior Deck.--In this section, the term 
`exterior deck' means any exterior weather deck on which a passenger 
may be present, including passenger stateroom balconies, exterior 
promenades on passenger decks, muster stations, and similar exterior 
weather deck areas.''.

SEC. 9. ENFORCEMENT.

    (a) Information Sharing.--
            (1) In general.--To the extent not prohibited by other law, 
        the head of a designated agency shall make available to another 
        head of a designated agency any information necessary to carry 
        out the provisions of subchapter II of chapter 35 of title 46, 
        United States Code. The provision by the head of a designated 
        agency of any information under this subsection to another head 
        of a designated agency shall not constitute a waiver, or 
        otherwise effect, any privilege any agency or person may claim 
        with respect to that information under Federal or State law.
            (2) Definition of head of a designated agency.--In this 
        subsection, the term ``head of a designated agency'' means the 
        Secretary of Transportation, Secretary of Homeland Security, or 
        Attorney General.
    (b) Passenger Vessel Security and Safety Requirements; Denial of 
Entry.--Section 3523(h), as redesignated by section 2 of this Act, is 
amended--
            (1) by striking paragraph (2);
            (2) by striking ``Enforcement.--'' in the heading and 
        inserting ``Penalties.--'';
            (3) by striking ``(1) Penalties.--'' through ``(A) Civil 
        penalty.--'' and inserting ``(1) Civil penalty.--''; and
            (4) by redesignating subparagraph (B) as paragraph (2).
    (c) 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 section 7 of 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.--
            (1) Section 3523, as redesignated by section 2 of this Act, 
        is amended--
                    (A) by striking subsection (k); and
                    (B) by redesignating subsection (l), as amended by 
                section 8 of this Act, as subsection (k).
            (2) Section 3523, as redesignated by section 2 of this Act, 
        is amended by striking ``to which this section applies'' each 
        place it appears and inserting ``to which this subchapter 
        applies''.
            (3) Section 3524, as redesignated by section 2 of this Act, 
        is amended by striking ``to which this section applies'' each 
        place it appears and inserting ``to which this subchapter 
        applies''.
    (b) Availability of Incident Data Via Internet.--Section 
3523(g)(4), as redesignated under section 2 of this Act, is repealed.
    (c) Elapsed Effective Dates.--Section 3523(a), as amended by 
section 8 of this Act, is further amended--
            (1) by striking paragraph (3); and
            (2) by redesignating paragraph (4) as paragraph (3).
    (d) Procedures.--Section 3523(i), as redesignated by section 2 of 
this Act, is amended by striking ``Within 6 months after the date of 
enactment of the Cruise Vessel Security and Safety Act of 2010, the'' 
and inserting ``The''.
    (e) Table of Contents.--The table of contents for chapter 35 is 
amended--
            (1) by inserting before the item relating to section 3501 
        the following:

                 ``subchapter i. general provisions'';

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

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

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

                   ``subchapter ii. cruise vessels'';

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

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

``3525. 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.
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