II 

114TH CONGRESS 

1ST SESSION S. 1673 

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

IN THE SENATE OF THE UNITED STATES 

JUNE 24, 2015 

Mr. BLUMENTHAL (for himself and Mr. MARKEY) introduced the following 

bill; which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To improve passenger vessel security and safety, and for 

other purposes. 

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 Sep 11 2014 22:25 Jun 29, 2015 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1673.IS S1673

TKELLEY on DSK3SPTVN1PROD with BILLS
2 

•S 1673 IS

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 that— 

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

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

24 passenger; 


TKELLEY on DSK3SPTVN1PROD with BILLS
3 

•S 1673 IS

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— 

6 ‘‘(1) a vessel of the United States operated by 

7 the Federal Government; or 

8 ‘‘(2) a vessel owned and operated by a State.’’. 

9 SEC. 4. DEFINITIONS. 

10 Chapter 35, as amended by sections 2 and 3 of this 

11 Act, is further amended by inserting after section 3521, 

12 as added by section 3, the following: 

13 ‘‘§ 3522. Definitions 

14 ‘‘In this subchapter: 

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

16 means the Commandant of the Coast Guard. 

17 ‘‘(2) EXTERIOR DECK.—The term ‘exterior 

18 deck’ means any exterior weather deck on which a 

19 passenger may be present, including passenger state20 room balconies, exterior promenades on passenger 

21 decks, muster stations, and similar exterior weather 

22 deck areas. 

23 ‘‘(3) KEY TERMS.—The term ‘key terms’ in24 cludes terms related to undisclosed costs and fees, 

25 indemnification, waivers, limitations on liability, noVerDate Sep 11 2014 22:25 Jun 29, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1673.IS S1673

TKELLEY on DSK3SPTVN1PROD with BILLS
4 

•S 1673 IS

1 tice of claim and actions, time limitations, arbitra2 tion, forum, and jurisdiction. 

3 ‘‘(4) OWNER.—The term ‘owner’ means the 

4 owner, charterer, managing operator, master, or 

5 other individual in charge of a vessel. 

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

7 contract’ means a binding agreement for passage on 

8 a passenger vessel. 

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

10 a citizen of the United States carried on a passenger 

11 vessel. 

12 ‘‘(7) PASSENGER VESSEL.—The term ‘pas13 senger vessel’ means a passenger vessel to which this 

14 subchapter applies.’’. 

15 SEC. 5. PASSENGER VESSEL CONSUMER SERVICE IM16 PROVEMENTS. 

17 (a) IN GENERAL.—Chapter 35, as amended by this 

18 Act, is further amended by adding at the end the fol19 lowing: 

20 ‘‘§ 3525. Passenger vessel consumer service improve21 ments 

22 ‘‘(a) PASSAGE CONTRACTS.— 

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

24 the date of enactment of the Cruise Passenger Pro25 tection Act, the Secretary of Transportation shall 


TKELLEY on DSK3SPTVN1PROD with BILLS
5 

•S 1673 IS

1 develop standards for use by an owner of a pas2 senger vessel to provide a prospective passenger with 

3 a summary that highlights key terms in the passage 

4 contract and before such terms are binding. In de5 veloping the standards, the Secretary of Transpor6 tation may consult with other Federal agencies, per7 sons with expertise on admiralty and maritime law, 

8 consumer advocates, industry representatives, and 

9 such other persons as the Secretary of Transpor10 tation considers necessary. 

11 ‘‘(2) STATUTE OF LIMITATIONS.—The statute 

12 of limitations for filing a lawsuit against the owner 

13 of a passenger vessel, which shall not be shorter 

14 than 3 years, shall be clearly identified in the pas15 sage contract described in paragraph (1). 

16 ‘‘(3) RECOMMENDATIONS.—The standards de17 veloped under paragraph (1) shall include rec18 ommendations regarding— 

19 ‘‘(A) style, formatting, and placement that 

20 ensures that the summary is conspicuous; and 

21 ‘‘(B) terminology that ensures that the 

22 summary is— 

23 ‘‘(i) clear, unambiguous, and unmis24 takable; and 


TKELLEY on DSK3SPTVN1PROD with BILLS
6 

•S 1673 IS

1 ‘‘(ii) to the greatest extent possible, 

2 uniform, concise, and not complex. 

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

4 Transportation shall periodically review and update, 

5 as appropriate, the standards developed under para6 graph (1). 

7 ‘‘(5) REQUIREMENTS.—Beginning on the date 

8 that is 180 days after the date on which the stand9 ards are developed under paragraph (1), an owner of 

10 a passenger vessel shall— 

11 ‘‘(A) provide each prospective passenger 

12 with a summary in accordance with those 

13 standards; 

14 ‘‘(B) include a prominently accessible link 

15 to the summary on each Internet website that 

16 the owner maintains for prospective passengers 

17 to purchase or book passage on the passenger 

18 vessel; and 

19 ‘‘(C) include the summary in any pro20 motional literature or advertising, through any 

21 medium of communication in the United States 

22 offering passage or soliciting passengers for 

23 ocean voyages anywhere in the world, that the 

24 Secretary of Transportation considers necessary 

25 to adequately notify a prospective passenger of 


TKELLEY on DSK3SPTVN1PROD with BILLS
7 

•S 1673 IS

1 the key terms in the passage contract before 

2 such terms are binding. 

3 ‘‘(6) PREEMPTION.—The standards developed 

4 under paragraph (1) shall preempt any related State 

5 standards that require a summary that provides less 

6 information to a prospective passenger than the in7 formation required to be provided under this sub8 section, as determined by the Secretary of Transpor9 tation. 

10 ‘‘(b) CONSUMER COMPLAINTS.— 

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

12 LINK.—The Secretary of Transportation shall— 

13 ‘‘(A) establish a consumer complaints toll14 free hotline telephone number for passenger 

15 use; 

16 ‘‘(B) establish a consumer complaints link 

17 for passenger use on the Internet website main18 tained under section 3526(i); and 

19 ‘‘(C) notify the public of— 

20 ‘‘(i) the telephone number established 

21 under subparagraph (A); and 

22 ‘‘(ii) the Internet website maintained 

23 under section 3526(i). 

24 ‘‘(2) WEBSITE.—The Secretary of Transpor25 tation shall— 


TKELLEY on DSK3SPTVN1PROD with BILLS
8 

•S 1673 IS

1 ‘‘(A) maintain a statistical compilation of 

2 all consumer complaints on the Internet website 

3 under section 3526(i) that provides a numerical 

4 accounting of each category of consumer com5 plaint; 

6 ‘‘(B) update the data referred to in sub7 paragraph (A) not less frequently than quar8 terly; 

9 ‘‘(C) aggregate such data by passenger 

10 vessel; and 

11 ‘‘(D) identify each passenger vessel by 

12 name. 

13 ‘‘(3) INVESTIGATIONS OF CONSUMER COM14 PLAINTS.—The Secretary of Transportation, in co15 ordination with other relevant Federal agencies, may 

16 investigate consumer complaints from passengers, 

17 including— 

18 ‘‘(A) cancellations, delays, and port skip19 ping; 

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

21 ‘‘(C) conditions on board the passenger 

22 vessel; 

23 ‘‘(D) problems in obtaining refunds for un24 used or lost tickets or fare adjustments; 


TKELLEY on DSK3SPTVN1PROD with BILLS
9 

•S 1673 IS

1 ‘‘(E) incorrect or incomplete information 

2 about fares, discount fare conditions and avail3 ability, overcharges, and fare increases; 

4 ‘‘(F) deceptive or misleading advertising; 

5 and 

6 ‘‘(G) compliance with Federal regulations. 

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

8 Secretary of Transportation may refer any complaint 

9 received under this subsection to the Attorney Gen10 eral or relevant Federal agency for action, as appro11 priate. 

12 ‘‘(5) NOTICE TO PASSENGERS.— 

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

14 of a passenger vessel shall include in a con15 spicuous location on each Internet website that 

16 the owner of a passenger vessel maintains for 

17 passengers to purchase or book passage on a 

18 passenger vessel— 

19 ‘‘(i) the telephone number established 

20 under paragraph (1); and 

21 ‘‘(ii) any other information necessary 

22 for a passenger to submit a consumer com23 plaint for resolution. 

24 ‘‘(B) BOARDING DOCUMENTATION.—The 

25 owner of a passenger vessel shall include the 


TKELLEY on DSK3SPTVN1PROD with BILLS
10 

•S 1673 IS

1 telephone number and Internet address for con2 sumer complaints established under paragraph 

3 (1) on— 

4 ‘‘(i) any promotional literature or ad5 vertising, through any medium of commu6 nication in the United States offering pas7 sage or soliciting passengers for ocean voy8 ages on passenger vessels, that the Sec9 retary of Transportation considers nec10 essary to adequately notify a prospective 

11 passenger of the telephone number and 

12 Internet address; and 

13 ‘‘(ii) any electronic confirmation of 

14 the purchase of passage on a passenger 

15 vessel. 

16 ‘‘(c) PENALTIES.— 

17 ‘‘(1) CIVIL PENALTY.—The Secretary of Trans18 portation may impose on any person that violates 

19 this section or a regulation under this section a civil 

20 penalty of not more than $25,000 for each day dur21 ing which the violation continues, except that the 

22 maximum penalty for a continuing violation shall be 

23 $50,000. 

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

25 willfully violates this section or a regulation under 


TKELLEY on DSK3SPTVN1PROD with BILLS
11 

•S 1673 IS

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

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

3 ‘‘(d) RULEMAKING.—The Secretary of Transpor4 tation shall issue such regulations as are necessary to im5 plement this section.’’. 

6 (b) BILL OF RIGHTS.— 

7 (1) ENFORCEABILITY.—Not later than 180 

8 days after the date of the enactment of this Act, the 

9 Secretary of Transportation shall determine whether 

10 any of the enumerated rights in the international 

11 cruise line passenger bill of rights, which was adopt12 ed in 2013 by the members of the Cruise Lines 

13 International Association, are enforceable under 

14 Federal law. 

15 (2) REQUIRED STATEMENT.—The Secretary of 

16 Transportation shall include in the standards devel17 oped under section 3525(a) of title 46, United 

18 States Code, a statement informing a prospective 

19 passenger— 

20 (A) which of rights referred to in para21 graph (1) is legally enforceable; 

22 (B) that the passenger has a private right 

23 of action to enforce such rights; and 

24 (C) of any legal action that a prospective 

25 passenger may take to enforce such rights. 


TKELLEY on DSK3SPTVN1PROD with BILLS
12 

•S 1673 IS

1 (c) ADVISORY COMMITTEE FOR PASSENGER VESSEL

2 CONSUMER PROTECTION.— 

3 (1) IN GENERAL.—The Secretary of Transpor4 tation shall establish an advisory committee for pas5 senger vessel consumer protection (referred to in 

6 this subsection as the ‘‘advisory committee’’) to ad7 vise the Secretary in carrying out activities relating 

8 to passenger vessel customer service improvements. 

9 (2) MEMBERSHIP.—The Secretary of Transpor10 tation shall appoint the members of the advisory 

11 committee, which shall be comprised of 1 representa12 tive each of— 

13 (A) owners of passenger vessels; 

14 (B) international industry-related associa15 tions; 

16 (C) State or local governments with exper17 tise in consumer protection matters; 

18 (D) nonprofit public interest groups with 

19 expertise in consumer protection matters; 

20 (E) nonprofit public interest groups with 

21 expertise in victim assistance; and 

22 (F) relevant Federal agencies, as deter23 mined by the Secretary of Transportation. 


TKELLEY on DSK3SPTVN1PROD with BILLS
13 

•S 1673 IS

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

2 committee shall be filled in the manner in which the 

3 original appointment was made. 

4 (4) TRAVEL EXPENSES.—Members of the advi5 sory committee shall serve without pay, but shall re6 ceive travel expenses, including per diem in lieu of 

7 subsistence, in accordance with subchapter I of 

8 chapter 57 of title 5, United States Code. 

9 (5) CHAIR.—The Secretary of Transportation 

10 shall designate, from among the individuals ap11 pointed under paragraph (2), an individual to serve 

12 as chair of the advisory committee. 

13 (6) DUTIES.—The advisory committee shall— 

14 (A) evaluate existing passenger vessel con15 sumer protection programs or services; 

16 (B) recommend improvements to the pro17 grams or services under subparagraph (A), as 

18 necessary; 

19 (C) recommend additional passenger vessel 

20 consumer protection programs or services, as 

21 necessary; and 

22 (D) recommend to the Secretary of Trans23 portation which key terms in a passage contract 

24 that should be highlighted before such terms 

25 are binding, such as— 


TKELLEY on DSK3SPTVN1PROD with BILLS
14 

•S 1673 IS

1 (i) products and services available on 

2 board the passenger vessel for an undis3 closed cost or fee or otherwise are not in4 cluded in the price of passage; 

5 (ii) the country under which the pas6 senger vessel is registered or flagged; 

7 (iii) if the passenger vessel leaves the 

8 admiralty and maritime jurisdiction of the 

9 United States, a passenger may be subject 

10 to the law of a foreign country; 

11 (iv) the passenger vessel may not ac12 cept responsibility for any health care serv13 ices provided to a passenger by medical 

14 staff on board the passenger vessel; 

15 (v) the maximum amount an owner of 

16 a passenger vessel will reimburse a pas17 senger for lost or stolen property while on 

18 board the passenger vessel; and 

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

20 initiate any legal action against the owner 

21 of the passenger vessel. 

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

23 February 1 of each of the first 2 calendar years be24 ginning after the date of the enactment of this Act, 


TKELLEY on DSK3SPTVN1PROD with BILLS
15 

•S 1673 IS

1 the Secretary of Transportation shall submit a re2 port to Congress that contains— 

3 (A) the recommendations made by the ad4 visory committee during the preceding calendar 

5 year; 

6 (B) an explanation of whether and how the 

7 industry has implemented each recommenda8 tion; and 

9 (C) for each recommendation not imple10 mented, the industry’s reason for not imple11 menting the recommendation. 

12 (8) DEFINITION OF PASSENGER VESSEL.—In 

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

14 meaning given the term in section 3522 of title 46, 

15 United States Code. 

16 SEC. 6. CRIME REPORTING AND PUBLIC NOTICE. 

17 (a) AVAILABILITY OF LOG BOOK AND ENTRIES TO

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

19 as redesignated under section 2, is amended— 

20 (1) in subparagraph (A), by striking ‘‘in a cen21 tralized location readily accessible to law enforce22 ment personnel,’’; and 

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

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

25 book and all entries in such log book available, 


TKELLEY on DSK3SPTVN1PROD with BILLS
16 

•S 1673 IS

1 whether the log book and entries are maintained on 

2 board the vessel or at a centralized location off the 

3 vessel,’’. 

4 (b) DEADLINE TO NOTIFY FEDERAL BUREAU OF IN5 VESTIGATION REGARDING CERTAIN INCIDENTS.—Section 

6 3523(g)(3)(A)(i), as redesignated under section 2, is 

7 amended— 

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

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

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

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

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

13 vessel is notified of an incident on board the vessel 

14 allegedly involving’’. 

15 (c) CRIME REPORTING GUIDELINES.—Section 

16 3523(g)(1)(A), as redesignated under section 2 and 

17 amended by subsection (a), is further amended— 

18 (1) in clause (i), by striking the comma at the 

19 end and inserting a semicolon; 

20 (2) in clause (ii), by striking ‘‘, and’’ and in21 serting a semicolon; 

22 (3) in clause (iii), by striking the comma at the 

23 end and inserting ‘‘; and’’; and 

24 (4) by inserting after clause (iii) the following: 


TKELLEY on DSK3SPTVN1PROD with BILLS
17 

•S 1673 IS

1 ‘‘(iv) any other criminal offenses re2 ported to the Federal Bureau of Investiga3 tion through the Uniform Crime Reporting 

4 Program,’’. 

5 (d) REPORTS BEFORE DEPARTURE.—Section 

6 3523(g)(3), as redesignated under section 2, is amended 

7 by adding at the end the following: 

8 ‘‘(C) REPORTS BEFORE DEPARTURE.—If 

9 an employee of a vessel to which this sub10 chapter applies is notified of an incident under 

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

12 the admiralty and maritime jurisdiction of the 

13 United States and en route to a United States 

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

15 the vessel (or the owner’s designee) shall con16 tact the nearest Federal Bureau of Investiga17 tion Field Office or Legal Attache ́ not later 

18 than the time specified under subparagraph 

19 (A)(i) or before the vessel departs port, which20 ever is earlier.’’. 

21 (e) REPORTS TO UNITED STATES CONSULATES.— 

22 Section 3523(g)(3), as amended by subsection (d), is fur23 ther amended by adding at the end the following: 

24 ‘‘(D) REPORTS TO UNITED STATES CON25 SULATES.—If an incident described in subparaVerDate Sep 11 2014 21:07 Jun 30, 2015 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1673.IS S1673

TKELLEY on DSK3SPTVN1PROD with BILLS
18 

•S 1673 IS

1 graph (A)(i) allegedly involves an offense by or 

2 against a United States national, in addition to 

3 contacting the nearest Federal Bureau of Inves4 tigation Field Office or Legal Attache ́ under 

5 that subparagraph, the owner of a vessel to 

6 which this subchapter applies (or the owner’s 

7 designee) shall contact the United States con8 sulate at the next port of call not later than the 

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

10 (f) REPORTS TO SECRETARY OF TRANSPORTATION; 

11 INCIDENTS AND DETAILS.—Section 3523(g)(3)(A), as 

12 amended by subsection (b), is further amended— 

13 (1) in clause (ii), by striking ‘‘to the Internet 

14 website maintained by the Secretary of Transpor15 tation under paragraph (4)(A)’’ and inserting ‘‘, in16 cluding the details under paragraph (2), to the 

17 Internet website maintained by the Secretary of 

18 Transportation under section 3526(i)’’; and 

19 (2) in clause (iii), by striking ‘‘under paragraph 

20 (4)(A)’’ and inserting ‘‘under section 3526(i)’’. 

21 (g) AVAILABILITY OF SECURITY GUIDE VIA INTER22 NET.—Section 3523(c)(1), as redesignated under section 

23 2 of this Act, is amended— 

24 (1) in subparagraph (A)— 


TKELLEY on DSK3SPTVN1PROD with BILLS
19 

•S 1673 IS

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

2 this subsection as the ‘security guide’)’’ and in3 serting ‘‘a security guide’’; and 

4 (B) by striking ‘‘English, which’’ and in5 serting ‘‘English, that’’; and 

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

7 website of the vessel owner’’ and inserting ‘‘through 

8 a prominently accessible link on each Internet 

9 website that the cruise line maintains for passengers 

10 to purchase or book cruises on any vessel that the 

11 cruise line owns or operates, and to which this sub12 chapter applies’’. 

13 SEC. 7. CRIME PREVENTION, DOCUMENTATION, AND RE14 SPONSE REQUIREMENTS. 

15 (a) MAINTENANCE AND PLACEMENT OF VIDEO SUR16 VEILLANCE EQUIPMENT.—Section 3523(b)(1), as redesig17 nated under section 2 of this Act, is amended— 

18 (1) by striking ‘‘The owner’’ and inserting the 

19 following: 

20 ‘‘(A) IN GENERAL.—The owner’’; 

21 (2) by striking ‘‘, as determined by the Sec22 retary’’; and 

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

24 ‘‘(B) PLACEMENT OF VIDEO SURVEIL25 LANCE EQUIPMENT.—With regard to the placeVerDate Sep 11 2014 22:25 Jun 29, 2015 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1673.IS S1673

TKELLEY on DSK3SPTVN1PROD with BILLS
20 

•S 1673 IS

1 ment of video surveillance equipment on a ves2 sel under subparagraph (A), the owner shall— 

3 ‘‘(i) place video surveillance equipment 

4 in each passenger common area where a 

5 person has no reasonable expectation of 

6 privacy; 

7 ‘‘(ii) place video surveillance equip8 ment in other areas where a person has no 

9 reasonable expectation of privacy; and 

10 ‘‘(iii) place video surveillance equip11 ment in each area identified under clauses 

12 (i) and (ii) in a manner that provides opti13 mum surveillance of that area.’’. 

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

15 as redesignated under section 2 of this Act and amended 

16 under subsection (a), is further amended— 

17 (1) by redesignating paragraph (2) as para18 graph (3); and 

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

20 (A) by striking ‘‘The owner’’ and inserting 

21 the following: 

22 ‘‘(A) LAW ENFORCEMENT.—The owner’’; 

23 and 

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


TKELLEY on DSK3SPTVN1PROD with BILLS
21 

•S 1673 IS

1 ‘‘(B) CIVIL ACTIONS.—The owner of a ves2 sel to which this subchapter applies shall pro3 vide to any individual or the individual’s legal 

4 representative, upon written request, a copy of 

5 all records of video surveillance— 

6 ‘‘(i) in which the individual is a sub7 ject of the video surveillance; and 

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

9 civil action. 

10 ‘‘(C) LIMITED ACCESS.—Except as pro11 vided under subparagraphs (A) and (B), the 

12 owner of a vessel to which this subchapter ap13 plies shall ensure that access to records of video 

14 surveillance is limited to the purposes under 

15 this section.’’. 

16 (c) NOTICE OF VIDEO SURVEILLANCE.—Section 

17 3523(b), as redesignated under section 2 of this Act and 

18 amended by this section, is further amended by inserting 

19 after paragraph (1) the following: 

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

21 owner of a vessel to which this subchapter applies 

22 shall provide clear and conspicuous signs on board 

23 the vessel notifying the public of the presence of 

24 video surveillance equipment.’’. 


TKELLEY on DSK3SPTVN1PROD with BILLS
22 

•S 1673 IS

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

2 as redesignated under section 2 of this Act and amended 

3 by this section, is further amended by adding at the end 

4 the following: 

5 ‘‘(4) RETENTION REQUIREMENTS.— 

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

7 to which this subchapter applies shall retain all 

8 records of video surveillance for a voyage for 

9 not less than 30 days after the completion of 

10 the voyage. If an incident described in sub11 section (g)(3)(A)(i) is alleged and reported to 

12 law enforcement, all records of video surveil13 lance from the voyage that the Federal Bureau 

14 of Investigation determines are relevant shall— 

15 ‘‘(i) be provided to the Federal Bu16 reau of Investigation; and 

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

18 for not less than 5 years from the date of 

19 the alleged incident. 

20 ‘‘(B) INTERIM STANDARDS.—Not later 

21 than 180 days after the date of the enactment 

22 of the Cruise Passenger Protection Act, the 

23 Commandant, in consultation with the Federal 

24 Bureau of Investigation, shall promulgate inVerDate Sep 11 2014 22:25 Jun 29, 2015 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S1673.IS S1673

TKELLEY on DSK3SPTVN1PROD with BILLS
23 

•S 1673 IS

1 terim standards for the retention of records of 

2 video surveillance. 

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

4 1 year after the date of the enactment of the 

5 Cruise Passenger Protection Act, the Com6 mandant, in consultation with the Federal Bu7 reau of Investigation, shall promulgate final 

8 standards for the retention of records of video 

9 surveillance. 

10 ‘‘(D) CONSIDERATIONS.—In promulgating 

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

12 the Commandant shall— 

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

14 the investigation of serious crimes, includ15 ing crimes that go unreported until after 

16 the completion of a voyage; 

17 ‘‘(ii) consider the different types of 

18 video surveillance systems and storage re19 quirements in creating standards both for 

20 vessels currently in operation and for ves21 sels newly built; 

22 ‘‘(iii) consider privacy, including 

23 standards for permissible access to and 

24 monitoring and use of the records of video 

25 surveillance; and 


TKELLEY on DSK3SPTVN1PROD with BILLS
24 

•S 1673 IS

1 ‘‘(iv) consider technological advance2 ments, including requirements to update 

3 technology.’’. 

4 (e) TECHNOLOGY DETECTING PASSENGERS WHO

5 HAVE FALLEN OVERBOARD REQUIREMENT.—Section 

6 3523(a)(1)(D), as redesignated under section 2 of this 

7 Act, is amended by striking ‘‘or’’ and inserting ‘‘and’’. 

8 (f) SEA MARSHALS REQUIREMENT.—Section 

9 3523(f), as redesignated under section 2 of this Act, is 

10 amended— 

11 (1) by striking ‘‘(f)’’ and all that follows 

12 through ‘‘The owner’’ and inserting the following: 

13 ‘‘(g) CREW REQUIREMENTS.— 

14 ‘‘(1) SEA MARSHALS.—The owner of a vessel to 

15 which this section applies shall ensure that the ves16 sel is staffed at all times with an appropriate num17 ber, based on the vessel size and the number of pas18 sengers, of sea marshals who have been certified by, 

19 and are operating under the jurisdiction of, the 

20 United States Coast Guard. 

21 ‘‘(2) CREW ACCESS TO PASSENGER STATE22 ROOMS.—The owner’’. 

23 (g) AUTHORITY TO PROVIDE ASSISTANCE TO VIC24 TIMS OF CRIMES ON BOARD PASSENGER VESSELS.— 


TKELLEY on DSK3SPTVN1PROD with BILLS
25 

•S 1673 IS

1 Chapter 35, as amended by this Act, is further amended 

2 by adding at the end the following: 

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

4 CERTAIN PASSENGER VESSELS. 

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

6 provide to a passenger who is an alleged victim of an inci7 dent described under section 3523(g)(3)(A)(i)— 

8 ‘‘(1) a written summary of rights; 

9 ‘‘(2) a primary point of contact within the Fed10 eral Government; and 

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

12 confidential support services. 

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

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

15 Transportation shall designate an interim director of 

16 victim support services. The interim director shall be 

17 an employee of the Department of Transportation 

18 and shall serve in the position until a final designa19 tion is made under paragraph (2). 

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

21 days after the date of the enactment of the Cruise 

22 Passenger Protection Act, the Secretary of Trans23 portation, in consultation with the Department of 

24 Justice and other relevant Federal agencies, shall— 


TKELLEY on DSK3SPTVN1PROD with BILLS
26 

•S 1673 IS

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

2 Government to serve as the director of victim 

3 support services under this section; and 

4 ‘‘(B) determine an effective way to pub5 licize the toll-free telephone number under sub6 section (c) and the availability of support serv7 ices. 

8 ‘‘(3) RESPONSIBILITIES.—The director of vic9 tim support services shall— 

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

11 point of contact within the Federal Government 

12 for the passenger described in subsection (a); 

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

14 organizations or other entities that can provide 

15 the types of support services described under 

16 subsection (d); 

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

18 described in subsection (a) to obtain the appro19 priate types of support services described under 

20 subsection (d); 

21 ‘‘(D) recommend a process for the pas22 senger described in subsection (a) to obtain an 

23 appropriate continuum of care; 

24 ‘‘(E) recommend a process for the pas25 senger described in subsection (a) to obtain inVerDate Sep 11 2014 22:25 Jun 29, 2015 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1673.IS S1673

TKELLEY on DSK3SPTVN1PROD with BILLS
27 

•S 1673 IS

1 formation on the status of any related criminal 

2 investigation; 

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

4 purpose of this section, for the security guide 

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

6 ensure that an owner of a passenger vessel pro7 vides a copy of the security guide to a pas8 senger immediately after the vessel is notified 

9 that the passenger is an alleged victim of an in10 cident described under subsection (g)(3)(A)(i); 

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

12 necessary; and 

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

14 passenger described in subsection (a) and— 

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

16 ‘‘(ii) any relevant Federal agency; 

17 ‘‘(iii) any relevant United States em18 bassy or United States consulate; and 

19 ‘‘(iv) any other person that the direc20 tor of victim support services considers 

21 necessary to carry out the purpose of this 

22 section. 

23 ‘‘(c) TOLL-FREE TELEPHONE NUMBER.—The Sec24 retary of Transportation shall establish a toll-free tele25 phone number, available 24 hours each day, that a pasVerDate Sep 11 2014 22:25 Jun 29, 2015 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1673.IS S1673

TKELLEY on DSK3SPTVN1PROD with BILLS
28 

•S 1673 IS

1 senger described in subsection (a) can call to initiate the 

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

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

4 support services shall determine the types of support serv5 ices that a passenger described in subsection (a) can ob6 tain, such as— 

7 ‘‘(1) directions on how to report an incident de8 scribed under section 3523(g)(3)(A)(i) to appro9 priate authorities; 

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

11 necessary forms to report an incident described 

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

13 ‘‘(3) an explanation of how or assistance to ob14 tain support services under this section; 

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

16 health and counseling services; 

17 ‘‘(5) arranging, if possible, for education re18 garding and advocacy during applicable criminal jus19 tice proceedings; and 

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

21 the roles of the organization, government agencies, 

22 and the owner of the passenger vessel involved with 

23 respect to the incident and the post-incident activi24 ties. 


TKELLEY on DSK3SPTVN1PROD with BILLS
29 

•S 1673 IS

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

2 after the date of the enactment of the Cruise Passenger 

3 Protection Act, the Secretary of Transportation, in con4 sultation with the Department of Justice, other relevant 

5 Federal agencies, non-profit public interest groups with 

6 expertise in victim assistance, and such other persons that 

7 the Secretary of Transportation considers necessary, 

8 shall— 

9 ‘‘(1) determine what rights a passenger de10 scribed in subsection (a) may have under law, such 

11 as the right to contact the Federal Bureau of Inves12 tigation to report the crime, the right to contact the 

13 director of victim support services, and the right to 

14 speak confidentially to Federal law enforcement, the 

15 director of victim support services, and any other 

16 third-party victim advocate without any representa17 tive or employee of the passenger vessel present; 

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

19 and 

20 ‘‘(3) establish a process for a passenger de21 scribed in subsection (a) to receive the written sum22 mary of rights as soon as practicable after an al23 leged incident described under section 

24 3523(g)(3)(A)(i). 


TKELLEY on DSK3SPTVN1PROD with BILLS
30 

•S 1673 IS

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

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

3 under such other circumstances that the director of victim 

4 support services considers necessary, the director may pro5 vide support services under this section to a guardian or 

6 relative of that passenger. 

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

8 appropriate, the resources of the passenger vessel should 

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

10 purpose under this section. 

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

12 section may be construed as limiting the obligations that 

13 an owner of a passenger vessel may have in providing as14 sistance to a passenger who is an alleged victim of an inci15 dent described under section 3523(g)(3)(A)(i). 

16 ‘‘(i) AVAILABILITY OF INCIDENT DATA VIA INTER17 NET.— 

18 ‘‘(1) IN GENERAL.—The Secretary of Transpor19 tation shall maintain a statistical compilation of all 

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

21 Internet website that provides a numerical account22 ing of the missing persons and alleged crimes duly 

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

24 that section. Each incident described in section 


TKELLEY on DSK3SPTVN1PROD with BILLS
31 

•S 1673 IS

1 3523(g)(3)(A) shall be included in the statistical 

2 compilation irrespective of its investigative status. 

3 ‘‘(2) UPDATES.—The Secretary of Transpor4 tation shall ensure that the data described in para5 graph (1)— 

6 ‘‘(A) is updated not less frequently than 

7 quarterly; 

8 ‘‘(B) is aggregated by cruise line; 

9 ‘‘(C) identifies each cruise line by name; 

10 ‘‘(D) identifies each crime and alleged 

11 crime as to whether it was committed or alleg12 edly committed by a passenger or a crew mem13 ber; 

14 ‘‘(E) identifies each crime and alleged 

15 crime as to whether it was committed or alleg16 edly committed against a minor; 

17 ‘‘(F) identifies the number of alleged indi18 viduals overboard; and 

19 ‘‘(G) is compiled on the Internet website is 

20 in a user-friendly format. 

21 ‘‘(3) ACCESS TO WEBSITE.—Each owner of a 

22 passenger vessel shall include a prominently acces23 sible link to the Internet website maintained by the 

24 Secretary of Transportation under paragraph (1) on 

25 each Internet website that the owner maintains for 


TKELLEY on DSK3SPTVN1PROD with BILLS
32 

•S 1673 IS

1 prospective passengers to purchase or book passage 

2 on the passenger vessel. 

3 ‘‘(j) REGULATIONS.—The Secretary of Transpor4 tation shall issue such regulations as are necessary to im5 plement this section.’’. 

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

7 the enactment of this Act, the Secretary of Transpor8 tation, in coordination with the Secretary of the depart9 ment in which the Coast Guard is operating, Attorney 

10 General, and heads of other relevant Federal agencies, 

11 shall— 

12 (1) conduct a study to determine the feasibility 

13 of having an individual on board each passenger ves14 sel (as defined in section 3526 of title 46, United 

15 States Code) to provide victim support services, in16 cluding the support services under section 3526(d) 

17 of title 46, United States Code, and related safety 

18 and security services, which includes consideration of 

19 the cost, the benefit to passengers, jurisdiction, and 

20 logistics; and 

21 (2) report the findings of the study conducted 

22 under paragraph (1) to Congress. 

23 (i) CRIMINAL ACTIVITY PREVENTION AND RESPONSE

24 GUIDE.—Section 3523(c)(1), as amended by section 6(g) 

25 of this Act, is further amended— 


TKELLEY on DSK3SPTVN1PROD with BILLS
33 

•S 1673 IS

1 (1) in subparagraph (A)— 

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

3 (vi); 

4 (B) by inserting after clause (i), the fol5 lowing: 

6 ‘‘(ii) describes the availability of sup7 port services under section 3526, including 

8 any contact information provided by the 

9 Secretary of Transportation or director of 

10 victim support services under that section; 

11 ‘‘(iii) includes the summary of rights 

12 under section 3526; 

13 ‘‘(iv) includes the summary under sec14 tion 3525(a); 

15 ‘‘(v) includes the toll-free hotline tele16 phone number and consumer complaints 

17 Internet website link under section 

18 3525(b);’’; 

19 (C) in clause (vi), as redesignated, by in20 serting ‘‘and’’ at the end; and 

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

22 ‘‘(vii) includes such other information 

23 as the Secretary of Transportation rec24 ommends under section 3526(b)(3)(F);’’; 

25 and 


TKELLEY on DSK3SPTVN1PROD with BILLS
34 

•S 1673 IS

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

2 follows: 

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

4 to— 

5 ‘‘(i) the Secretary of Transportation 

6 for review; 

7 ‘‘(ii) the Federal Bureau of Investiga8 tion for comment; and 

9 ‘‘(iii) a passenger immediately after 

10 the vessel is notified that the passenger is 

11 an alleged victim of an incident described 

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

13 (j) MAINTENANCE OF SUPPLIES TO PREVENT SEXU14 ALLY TRANSMITTED DISEASES.—Section 3523(d)(1), as 

15 redesignated by section 2 of this Act, is amended by in16 serting ‘‘(taking into consideration the length of the voy17 age and the number of passengers and crewmembers that 

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

19 (k) SEXUAL ASSAULT; CONTACT INFORMATION.— 

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

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

22 Guard,’’. 

23 (l) SEXUAL ASSAULT; PRIVATE TELEPHONE LINE.— 

24 Section 3523(d)(5)(B), as redesignated by section 2 of 


TKELLEY on DSK3SPTVN1PROD with BILLS
35 

•S 1673 IS

1 this Act, is amended by inserting ‘‘under section 3526 or’’ 

2 after ‘‘the information and support services available’’. 

3 (m) CRIME SCENE PRESERVATION TRAINING; CER4 TIFICATION OF ORGANIZATIONS BY MARAD.—Section 

5 3524(a), as redesignated by section 2 of this Act, is 

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

7 certify’’. 

8 (n) CREW ACCESS TO PASSENGER STATEROOMS; 

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

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

11 (1) in paragraph (1)— 

12 (A) in subparagraph (A), by striking 

13 ‘‘and’’ at the end; and 

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

15 ‘‘(C) a system that electronically records 

16 the date, time, and identity of each crew mem17 ber accessing each passenger stateroom; and’’; 

18 and 

19 (2) by amending paragraph (2) to read as fol20 lows: 

21 ‘‘(2) ensure that the procedures and restrictions 

22 are— 

23 ‘‘(A) fully and properly implemented; 

24 ‘‘(B) reviewed annually; and 

25 ‘‘(C) updated as necessary.’’. 


TKELLEY on DSK3SPTVN1PROD with BILLS
36 

•S 1673 IS

1 SEC. 8. PASSENGER VESSEL SECURITY AND SAFETY RE2 QUIREMENTS. 

3 (a) VESSEL DESIGN, EQUIPMENT, CONSTRUCTION, 

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

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

6 (1) in paragraph (1)— 

7 (A) in the matter preceding subparagraph 

8 (A), by striking ‘‘to which this subsection ap9 plies’’ and inserting ‘‘to which this subchapter 

10 applies’’; 

11 (B) in subparagraph (A)— 

12 (i) by striking ‘‘The vessel’’ and in13 serting ‘‘Each exterior deck of a vessel’’; 

14 and 

15 (ii) by inserting ‘‘unless the height re16 quirement would interfere with the deploy17 ment of a lifesaving device or other emer18 gency equipment as identified by the Com19 mandant’’ before the period at the end; 

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

21 ‘‘entry doors that include peep holes or other 

22 means of visual identification.’’ and inserting 

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

24 other means of visual identification that pro25 vides an unobstructed view of the area outside 

26 the stateroom or crew cabin. For purposes of 


TKELLEY on DSK3SPTVN1PROD with BILLS
37 

•S 1673 IS

1 this subparagraph, the addition of an optional 

2 privacy cover on the interior side of the entry 

3 shall not in and of itself constitute an obstruc4 tion.’’; and 

5 (D) in subparagraph (E), by striking 

6 ‘‘when operating in high risk areas (as defined 

7 by the United States Coast Guard)’’; and 

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

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

10 Secretary— 

11 ‘‘(A) may waive a requirement under para12 graph (1) as the Secretary determines nec13 essary; and 

14 ‘‘(B) shall maintain a record of each waiv15 er under subparagraph (A).’’. 

16 (b) MEDICAL STANDARDS.— 

17 (1) IN GENERAL.—Section 3523, as redesig18 nated by section 2 of this Act, is amended— 

19 (A) in subsection (d)— 

20 (i) in paragraph (3)— 

21 (I) in subparagraph (A), by re22 designating clauses (i) and (ii) as sub23 clauses (I) and (II), respectively; and 


TKELLEY on DSK3SPTVN1PROD with BILLS
38 

•S 1673 IS

1 (II) by redesignating subpara2 graphs (A), (B), and (C) as clauses 

3 (i), (ii), and (iii), respectively; 

4 (ii) in paragraph (5), by redesignating 

5 subparagraphs (A) and (B) as clauses (i) 

6 and (ii), respectively; 

7 (iii) by redesignating paragraphs (1) 

8 through (5) as subparagraphs (A) through 

9 (E), respectively; and 

10 (iv) by striking ‘‘The owner’’ and in11 serting the following: 

12 ‘‘(1) IN GENERAL.—The owner’’; 

13 (B) in subsection (e)— 

14 (i) in paragraph (1)— 

15 (I) in the matter preceding sub16 paragraph (A), by striking ‘‘under 

17 subsection (d)’’ and inserting ‘‘under 

18 paragraph (1)’’; and 

19 (II) by redesignating subpara20 graphs (A), (B), and (C) as clauses 

21 (i), (ii), and (iii), respectively; 

22 (ii) by redesignating paragraphs (1) 

23 and (2) as subparagraphs (A) and (B), re24 spectively; and 


TKELLEY on DSK3SPTVN1PROD with BILLS
39 

•S 1673 IS

1 (iii) by striking ‘‘(e)’’ and all that fol2 lows through ‘‘The master’’ and inserting 

3 the following: 

4 ‘‘(2) CONFIDENTIALITY OF SEXUAL ASSAULT

5 EXAMINATION AND SUPPORT INFORMATION.—The 

6 master’’; and 

7 (C) by inserting after subsection (d), as re8 designated by paragraph (2)(C), the following: 

9 ‘‘(e) MEDICAL STANDARDS.—The owner of a vessel 

10 to which this section applies shall ensure that— 

11 ‘‘(1) a physician is always present and available 

12 to treat any passengers who may be on board the 

13 vessel in the event of an emergency situation; 

14 ‘‘(2) there are a sufficient number of qualified 

15 medical staff on the vessel to treat the number of 

16 passengers who may be on board the vessel, as de17 termined by the Secretary, by regulation; 

18 ‘‘(3) the vessel is in compliance with the Health 

19 Care Guidelines for Cruise Ship Medical Facilities 

20 established by the American College of Emergency 

21 Physicians, or any successor standard; 

22 ‘‘(4) if a United States citizen dies onboard the 

23 vessel and the citizen’s next of kin requests that the 

24 citizen’s body return to the United States on the 

25 vessel, such request is granted; 


TKELLEY on DSK3SPTVN1PROD with BILLS
40 

•S 1673 IS

1 ‘‘(5) every crew member on the vessel has re2 ceived basic life support training and is certified in 

3 cardiopulmonary resuscitation; 

4 ‘‘(6) every crew member on a vessel leaving 

5 from or en route to a United States port of call has 

6 a basic understanding of the English language; 

7 ‘‘(7) automated external defibrillators are— 

8 ‘‘(A) placed throughout the vessel in clear9 ly designated locations; and 

10 ‘‘(B) available for passenger access in the 

11 event of an emergency; and 

12 ‘‘(8) the initial safety briefing given to the pas13 sengers on the vessel includes— 

14 ‘‘(A) the location of the vessel’s medical fa15 cilities; 

16 ‘‘(B) the appropriate steps passengers 

17 should follow during a medical emergency; 

18 ‘‘(C) the location and proper use of auto19 mated external defibrillators; and 

20 ‘‘(D) the proper way to report an incident 

21 or to seek security assistance in the event of a 

22 medical emergency.’’. 

23 (2) EFFECTIVE DATE.—The amendments made 

24 by paragraph (1) shall take effect on the date that 


TKELLEY on DSK3SPTVN1PROD with BILLS
41 

•S 1673 IS

1 is 180 days after the date of the enactment of this 

2 Act. 

3 SEC. 9. ENFORCEMENT. 

4 (a) INFORMATION SHARING.— 

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

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

7 make available to another head of a designated 

8 agency any information necessary to carry out the 

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

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

11 designated agency of any information under this 

12 subsection to another head of a designated agency 

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

14 privilege any agency or person may claim with re15 spect to that information under Federal or State 

16 law. 

17 (2) DEFINITION OF HEAD OF A DESIGNATED

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

19 designated agency’’ means the Secretary of Trans20 portation, Secretary of Homeland Security, or Attor21 ney General. 

22 (b) PASSENGER VESSEL SECURITY AND SAFETY RE23 QUIREMENTS; DENIAL OF ENTRY.—Section 3523(h), as 

24 redesignated by section 2 of this Act, is amended to read 

25 as follows: 


TKELLEY on DSK3SPTVN1PROD with BILLS
42 

•S 1673 IS

1 ‘‘(h) PENALTIES.— 

2 ‘‘(1) CIVIL PENALTY.—Any person that violates 

3 this section or a regulation under this section shall 

4 be liable for a civil penalty of not more than 

5 $25,000 for each day during which the violation con6 tinues, except that the maximum penalty for a con7 tinuing violation is $50,000. 

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

9 willfully violates this section or a regulation under 

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

11 imprisoned for not more than 1 year, or both.’’. 

12 (c) CRIME SCENE PRESERVATION TRAINING; DE13 NIAL OF ENTRY.—Section 3523(f), as redesignated by 

14 section 2 of this Act, is repealed. 

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

16 this Act, is further amended by adding at the end the fol17 lowing: 

18 ‘‘§ 3527. Refusal of clearance; denial of entry 

19 ‘‘(a) CLEARANCE.—The Secretary of Homeland Se20 curity may withhold or revoke the clearance required 

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

22 to which this subchapter applies, wherever the vessel is 

23 found, if the owner of the vessel— 

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

25 penalty may be imposed under this subchapter; or 


TKELLEY on DSK3SPTVN1PROD with BILLS
43 

•S 1673 IS

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

2 owner under this subchapter. 

3 ‘‘(b) DENIAL OF ENTRY.—The Secretary of the de4 partment in which the Coast Guard is operating may deny 

5 entry into the United States to a vessel to which this sub6 chapter applies if the owner of the vessel— 

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

8 penalty may be imposed under this subchapter; or 

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

10 owner under this subchapter.’’. 

11 SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS. 

12 (a) APPLICATION.—Chapter 35, as amended by this 

13 Act, is further amended— 

14 (1) in section 3523— 

15 (A) by striking subsection (k); 

16 (B) by redesignating subsection (l) as sub17 section (k); and 

18 (C) by striking ‘‘to which this section ap19 plies’’ each place such phrase appears and in20 serting ‘‘to which this subchapter applies’’; and 

21 (2) in section 3524, by striking ‘‘to which this 

22 section applies’’ each place such phrase appears and 

23 inserting ‘‘to which this subchapter applies’’. 


TKELLEY on DSK3SPTVN1PROD with BILLS
44 

•S 1673 IS

1 (b) AVAILABILITY OF INCIDENT DATA VIA INTER2 NET.—Section 3523(g), as redesignated under section 2 

3 of this Act, is amended by striking paragraph (4). 

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

5 as redesignated by section 2 and amended by section 8(a) 

6 of this Act, is further amended— 

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

8 (2) by redesignating paragraph (4) as para9 graph (3). 

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

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

12 6 months after the date of enactment of the Cruise Vessel 

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

14 ‘‘The’’. 

15 (e) DEFINITIONS.—Section 3523, as redesignated by 

16 section 2 of this Act, is amended by striking subsection 

17 (l). 

18 (f) TABLE OF CONTENTS.—The table of contents for 

19 chapter 35 is amended— 

20 (1) by inserting before the item relating to sec21 tion 3501 the following: 

‘‘SUBCHAPTER I. GENERAL PROVISIONS’’; 

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

23 and inserting the following: 

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


TKELLEY on DSK3SPTVN1PROD with BILLS
45 

•S 1673 IS

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

2 and inserting the following: 

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

3 (4) by inserting after the item relating to sec4 tion 3506 the following: 

‘‘SUBCHAPTER II. CRUISE VESSELS’’; 

5 (5) by inserting before the item relating to sec6 tion 3523, the following: 

‘‘3521. Application. 

‘‘3522. Definitions.’’; 

7 and 

8 (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.’’. 

9 SEC. 11. BUDGET COMPLIANCE. 

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

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

12 shall be determined by reference to the latest statement 

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

14 Act, submitted for printing in the Congressional Record 

15 by the Chairman of the Senate Budget Committee, pro16 vided that such statement has been submitted prior to the 

17 vote on passage. 

Æ 


TKELLEY on DSK3SPTVN1PROD with BILLS