I 

113TH CONGRESS 

1ST SESSION H. R. 3475 

To amend title 46, United States Code, to provide protections for cruise 

vessel passengers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 13, 2013 

Mr. GARAMENDI (for himself and Ms. MATSUI) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To amend title 46, United States Code, to provide protections for cruise vessel passengers, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cruise Vessel Con5 sumer Confidence Act of 2013’’. 

6 SEC. 2. CRUISE VESSEL PASSENGER PROTECTIONS. 

7 (a) IN GENERAL.—Subtitle VIII of title 46, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

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1 ‘‘CHAPTER 807—CRUISE VESSEL 

2 PASSENGER PROTECTIONS 

‘‘Sec. 

‘‘80701. Unfair or deceptive practices and unfair methods of competition. 

‘‘80702. Reimbursement for delays. 

‘‘80703. Customer service plans. 

‘‘80704. Passenger complaints. 

‘‘80705. Report. 

‘‘80706. Authorization of fees. 

‘‘80707. Definitions. 

3 ‘‘§ 80701. Unfair or deceptive practices and unfair 

4 methods of competition 

5 ‘‘(a) IN GENERAL.—The Federal Maritime Commis6 sion may investigate an action by an owner of a cruise 

7 vessel relating to the sale of a ticket for passenger travel 

8 on a cruise vessel to determine if such action is— 

9 ‘‘(1) an unfair or deceptive practice; or 

10 ‘‘(2) an unfair method of competition. 

11 ‘‘(b) ORIGINATION OF INVESTIGATIONS.—The Com12 mission may conduct an investigation under subsection (a) 

13 on the initiative of the Commission or upon receiving a 

14 complaint submitted to the Commission. 

15 ‘‘(c) ENFORCEMENT.— 

16 ‘‘(1) IN GENERAL.—If the Commission deter17 mines that an action is an unfair or deceptive prac18 tice or an unfair method of competition under this 

19 section, the Commission, after notice and an oppor20 tunity for a hearing— 

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1 ‘‘(A) shall order the owner of a cruise ves2 sel carrying out such action to cease such ac3 tion; and 

4 ‘‘(B) if such owner violates the order under 

5 subparagraph (A), may impose on such owner 

6 a civil penalty of not more than $25,000. 

7 ‘‘(2) CONTINUING VIOLATIONS.—For purposes 

8 of paragraph (1)(B), each day of a continuing viola9 tion shall be treated as a separate violation. 

10 ‘‘(d) DISCLOSURE REQUIREMENTS.— 

11 ‘‘(1) IN GENERAL.—It shall be an unfair or de12 ceptive practice for purposes of subsection (a) for 

13 any owner of a cruise vessel offering to sell a ticket 

14 for passenger travel on a cruise vessel to fail to dis15 close, in writing, prior to such offer— 

16 ‘‘(A) the name of the cruise vessel on 

17 which the travel will take place; 

18 ‘‘(B) the casualty history of the cruise ves19 sel, including an identification of all man over20 board instances; 

21 ‘‘(C) a list of all complaints of crimes com22 mitted on any voyage of the cruise vessel that 

23 embarked or disembarked passengers in the 

24 United States, including all incidents reported 

25 to the Federal Bureau of Investigation without 

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1 regard to investigative status, which shall indi2 cate, for each complaint— 

3 ‘‘(i) whether a crew member was in4 volved; 

5 ‘‘(ii) whether a passenger was in6 volved; and 

7 ‘‘(iii) whether a minor was involved; 

8 ‘‘(D) the number of gastric illness out9 breaks on the cruise vessel for which the Cen10 ters for Disease Control and Prevention re11 quired— 

12 ‘‘(i) reporting of an outbreak to the 

13 Centers; or 

14 ‘‘(ii) quarantining more than 10 pas15 sengers; 

16 ‘‘(E) the number and length of delays of 

17 the cruise vessel due to mechanical failures; 

18 ‘‘(F) the country under the laws of which 

19 the cruise vessel is documented; 

20 ‘‘(G) where criminal and civil investiga21 tions and proceedings will be held for incidents 

22 that occur outside of United States waters; 

23 ‘‘(H) a statement of whether the ticket 

24 price includes all applicable taxes and fees, in25 cluding taxes and fees relating to ports of call; 

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1 ‘‘(I) an estimate of all applicable taxes and 

2 fees, including taxes and fees relating to ports 

3 of call; 

4 ‘‘(J) any other material condition of the 

5 travel determined appropriate for disclosure by 

6 the Commission; and 

7 ‘‘(K) instructions to passengers on how to 

8 file complaints with the Commission regarding 

9 the cruise vessel and any violations of this 

10 chapter. 

11 ‘‘(2) INTERNET OFFERS.—In the case of an 

12 offer to sell tickets for passenger travel on a cruise 

13 vessel through an Internet Web site, disclosure of 

14 the information required under paragraph (1) shall 

15 be— 

16 ‘‘(A) provided on the first display of the 

17 Web site that follows a search of a requested 

18 itinerary; and 

19 ‘‘(B) in a format that is easily visible to a 

20 viewer. 

21 ‘‘(e) ELECTRONIC TICKETS.—It shall be an unfair or 

22 deceptive practice for purposes of subsection (a) for any 

23 owner of a cruise vessel offering to sell a ticket for pas24 senger travel on a cruise vessel through an Internet Web 

25 site to require that the ticket purchaser provide a printed 

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1 version of that ticket for such travel if the purchaser is 

2 able to provide identification determined appropriate by 

3 the Commission at the time of such travel. 

4 ‘‘§ 80702. Reimbursement for delays 

5 ‘‘(a) IN GENERAL.—The Federal Maritime Commis6 sion shall establish a process to ensure that, in any case 

7 in which the initial departure or the final disembarking 

8 of a cruise vessel for a cruise is delayed for a period of 

9 more than 24 hours, a passenger with a ticket for the ves10 sel subject to such delay is reimbursed by an owner of 

11 the vessel in an amount that— 

12 ‘‘(1) if the delay is more than 24 hours but less 

13 than 48 hours, is equal to the lesser of— 

14 ‘‘(A) half the price of the ticket of the pas15 senger; or 

16 ‘‘(B) $500; or 

17 ‘‘(2) if the delay is 48 hours or more, is equal 

18 to the price of the ticket of the passenger. 

19 ‘‘(b) EXCEPTIONS.—The Commission shall ensure 

20 that the process under subsection (a) establishes appro21 priate exceptions for delays that are the result of an un22 foreseeable event and are not related to a mechanical fail23 ure, including— 

24 ‘‘(1) inclement weather; 

25 ‘‘(2) political unrest; 

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1 ‘‘(3) piracy; or 

2 ‘‘(4) an action necessary to preserve the safety 

3 of passengers. 

4 ‘‘(c) ENFORCEMENT.—If the Commission determines 

5 that an owner of a cruise vessel failed to reimburse a pas6 senger as required under this section, the Commission, 

7 after notice and an opportunity for a hearing, may impose 

8 on such person a civil penalty of not more than $25,000. 

9 ‘‘§ 80703. Customer service plans 

10 ‘‘(a) IN GENERAL.—An owner of a cruise vessel shall 

11 submit to the Federal Maritime Commission a plan with 

12 respect to customer service that includes processes for— 

13 ‘‘(1) appropriately notifying passengers of 

14 delays and cancellations; 

15 ‘‘(2) ensuring transparent cancellation policies; 

16 ‘‘(3) issuing prompt ticket refunds after can17 cellations; 

18 ‘‘(4) properly accommodating passengers with 

19 disabilities or special needs; 

20 ‘‘(5) ensuring responsiveness to passenger com21 plaints; 

22 ‘‘(6) notifying passengers in a timely manner of 

23 changes to planned itineraries or ports of call; and 

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1 ‘‘(7) meeting the essential needs of passengers 

2 during lengthy delays, including by providing access 

3 to— 

4 ‘‘(A) adequate food and potable water; 

5 ‘‘(B) adequate restroom facilities; 

6 ‘‘(C) electrical power; 

7 ‘‘(D) real-time updates with respect to the 

8 delay; 

9 ‘‘(E) cabin ventilation and comfortable 

10 cabin temperatures; and 

11 ‘‘(F) necessary medical treatment. 

12 ‘‘(b) TICKET CONTRACTS.— 

13 ‘‘(1) INCORPORATION.—An owner of a cruise 

14 vessel shall incorporate the plan submitted under 

15 subsection (a) into the ticket contract of that owner. 

16 ‘‘(2) AVAILABILITY ON INTERNET.—An owner 

17 of a cruise vessel shall make the ticket contract of 

18 that owner, including the plan submitted under sub19 section (a), available on the Web site of that owner 

20 in an easily accessible form. 

21 ‘‘(c) REVIEW.—The Commission shall review each 

22 plan submitted under subsection (a) to determine if such 

23 plan is complete and may require modifications of that 

24 plan for completeness as the Commission determines nec25 essary. 

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1 ‘‘(d) TIMING.— 

2 ‘‘(1) INITIAL SUBMISSION OF PLANS.—An 

3 owner of a cruise vessel shall submit a plan under 

4 subsection (a) with respect to the vessel— 

5 ‘‘(A) if the vessel is owned or operated by 

6 the owner on the date of enactment of this sec7 tion, not later than 120 days after such date of 

8 enactment; and 

9 ‘‘(B) if ownership or operation of the ves10 sel is acquired by the owner after the date of 

11 enactment of this section, not later than 120 

12 days after the date of such acquisition. 

13 ‘‘(2) REVIEW OF PLANS.—The Commission 

14 shall determine the completeness of each plan sub15 mitted to the Commission under subsection (a) not 

16 later than 120 days after receiving such plan. 

17 ‘‘(e) UPDATES.—The Commission may periodically 

18 review plans submitted under subsection (a) for complete19 ness and require updates of such plans as the Commission 

20 determines necessary. 

21 ‘‘(f) GUIDANCE.—Not later than 90 days after the 

22 date of enactment of this section, the Commission shall 

23 issue guidance with respect to the plans required under 

24 this section, which shall include information regarding— 

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1 ‘‘(1) plan elements and the requirements for 

2 each of those elements; and 

3 ‘‘(2) filing of the plans, including contact infor4 mation. 

5 ‘‘(g) ENFORCEMENT.— 

6 ‘‘(1) IN GENERAL.—The Commission may im7 pose, after notice and an opportunity for a hearing, 

8 on any owner of a cruise vessel who violates this sec9 tion and any owner of a cruise vessel determined to 

10 be operating in violation of a plan submitted under 

11 this section, a civil penalty of not more than 

12 $25,000. 

13 ‘‘(2) CONTINUING VIOLATIONS.—For purposes 

14 of paragraph (1), each day of a continuing violation 

15 shall be treated as a separate violation. 

16 ‘‘§ 80704. Passenger complaints 

17 ‘‘(a) IN GENERAL.—The Federal Maritime Commis18 sion shall establish a process for cruise vessel passengers 

19 to report to the Commission complaints relating to sub20 jects addressed under this chapter, which shall include a 

21 telephone number, an email address, and other appro22 priate electronic means for complaint submission. 

23 ‘‘(b) NOTICE.—The Commission shall notify the pub24 lic and require cruise vessel owners to notify passengers 

25 of the process established under subsection (a). 

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1 ‘‘§ 80705. Report 

2 ‘‘Not later than 3 years after the date of enactment 

3 of this section, and every 3 years thereafter, the Federal 

4 Maritime Commission shall submit to Congress a report 

5 on the implementation of this chapter by the Commission, 

6 including any penalties imposed under this chapter. 

7 ‘‘§ 80706. Authorization of fees 

8 ‘‘(a) IN GENERAL.—The Federal Maritime Commis9 sion may establish, adjust, and collect fees in cruise vessel 

10 ticket prices to fund the implementation of this chapter. 

11 ‘‘(b) RELATIONSHIP TO COSTS.—The Federal Mari12 time Commission shall ensure that fees under subsection 

13 (a) are reasonably related to the costs incurred by the 

14 Commission in implementing this chapter. 

15 ‘‘(c) LIMITATIONS ON JUDICIAL REVIEW.—The fol16 lowing shall not be subject to judicial review: 

17 ‘‘(1) The establishment or adjustment of a fee 

18 by the Commission under this section. 

19 ‘‘(2) The validity of a determination by the 

20 Commission for purposes of this section of the costs 

21 to implement this chapter and the processes and 

22 procedures applied by the Commission in reaching 

23 such determination. 

24 ‘‘(3) The allocation of costs by the Commission 

25 to services it provides pursuant to this chapter and 

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1 the processes and procedures applied by the Com2 mission in establishing such allocation. 

3 ‘‘(d) COSTS DEFINED.—In this section, the term 

4 ‘costs’ includes operation and maintenance costs, leasing 

5 costs, and overhead expenses associated with services pro6 vided by the Federal Maritime Commission under this 

7 chapter and the facilities and equipment used in providing 

8 such services. 

9 ‘‘§ 80707. Definitions 

10 ‘‘In this chapter, the following definitions apply: 

11 ‘‘(1) CRUISE VESSEL.—The term ‘cruise vessel’ 

12 means a passenger vessel (as defined in section 

13 2101(22)) that— 

14 ‘‘(A) is authorized to carry at least 250 

15 passengers; 

16 ‘‘(B) has onboard sleeping facilities for 

17 each passenger; and 

18 ‘‘(C) is used for voyages that embark or 

19 disembark passengers in the United States. 

20 ‘‘(2) MECHANICAL FAILURE.—The term ‘me21 chanical failure’ means, with respect to a cruise ves22 sel, the failure of any machine or mechanical system 

23 of that vessel to function within the parameters that 

24 the manufacturer or engineer of that machine or 

25 system has specified is normal. 

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1 ‘‘(3) OWNER.—The term ‘owner’ means, with 

2 respect to a cruise vessel, the owner, charterer, man3 aging operator, master, or other individual in charge 

4 of the vessel.’’. 

5 (b) CLERICAL AMENDMENT.—The analysis for sub6 title VIII of title 46, United States Code, is amended by 

7 adding after the item relating to chapter 805 the fol8 lowing: 

‘‘807. Cruise Vessel Passenger Protections ................................. 80701’’. 

9 (c) RULE OF CONSTRUCTION.—Nothing in this sec10 tion, including any amendment made in this section, may 

11 be construed to eliminate or replace authority provided to 

12 a department or agency under other Federal or State law. 

Æ 

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