I 

111TH CONGRESS 

1ST SESSION H. R. 3099 

To require a site operator of an international travel Web site to provide 

information on its Web site to consumers regarding the potential health 

and safety risks associated with overseas vacation destinations marketed 

on its Web site. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 26, 2009 

Mr. MARKEY of Massachusetts introduced the following bill; which was 

referred to the Committee on Energy and Commerce 

A BILL 

To require a site operator of an international travel Web 

site to provide information on its Web site to consumers 

regarding the potential health and safety risks associated 

with overseas vacation destinations marketed on its Web 

site. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Bill of Rights Act of 2009’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) SITE OPERATOR.—The term ‘‘site operator’’ 

2 means an individual or entity that operates a Web 

3 site that provides access to international travel serv4 ices. Such term includes an overseas vacation des5 tination or a third party that operates a Web site 

6 that offers international travel services. 

7 (2) COMMISSION.—The term ‘‘Commission’’ 

8 means the Federal Trade Commission. 

9 (3) INTERNATIONAL TRAVEL SERVICES.—The 

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

11 that a consumer can use to reserve lodging at an 

12 overseas vacation destination. 

13 (4) OVERSEAS VACATION DESTINATION.—The 

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

15 hotel, retreat, hostel, or any other similar lodging 

16 outside the United States. 

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

18 States’’ means each of the several States, the Dis19 trict of Columbia, the Commonwealth of Puerto 

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

21 and the Commonwealth of the Northern Mariana Is22 lands. 


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

5 (a) IN GENERAL.—A site operator, in a manner in 

6 compliance with regulations issued by the Commission and 

7 with the requirements of this Act, shall provide informa8 tion on its Web site to consumers in a clear and con9 spicuous manner regarding the potential health and safety 

10 risks associated with overseas vacation destinations mar11 keted on its Web site, if any, including the following: 

12 (1) Information compiled by the Department of 

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

15 (2) Information regarding the onsite health and 

16 safety services that are available to consumers at 

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

19 (A) employs or contracts with a physician 

20 or nurse on the premises to provide medical 

21 treatment for guests; 

22 (B) employs or contracts with personnel, 

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

24 the premises who are trained in 

25 cardiopulmonary resuscitation; 


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1 (C) has an automated external defibrillator 

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

4 (D) employs or contracts with 1 or more 

5 lifeguards on the premises trained in 

6 cardiopulmonary resuscitation, if the overseas 

7 vacation destination has swimming pools or 

8 other water-based activities on its premises, or 

9 in areas under its control for use by guests. 

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

11 If the onsite health and safety services at an overseas va12 cation destination are not available 24 hours a day, 7 days 

13 a week, the site operator shall display the hours and days 

14 of availability on its Web site in a clear and conspicuous 

15 manner. 

16 (c) INFORMATION NOT AVAILABLE.—If the onsite 

17 health and safety services described in subsection (a)(2) 

18 are not available at an overseas vacation destination, or 

19 if the site operator does not possess information on the 

20 onsite health and safety services required to be displayed 

21 on its Web site, the site operator shall display in a clear 

22 and conspicuous manner the following: ‘‘This destination 

23 does not provide certain health and safety services, or in24 formation regarding such services is not available. Travel 


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1 to this destination may pose an increased risk to your 

2 health or safety.’’. 

3 SEC. 4. CONSUMER COMPLAINTS. 

4 (a) SUSPENSION.—A site operator shall establish a 

5 process under which an overseas vacation destination will 

6 be suspended from its Web site as a result of complaints 

7 from consumers to the site operator regarding poor med8 ical care, unsafe or unsanitary facilities, or other health9 related issues with respect to such destination. 

10 (b) PUBLIC AVAILABILITY.—A site operator shall 

11 make all complaints submitted by consumers publicly 

12 available on its Web site and may modify the contents of 

13 such complaints at the request of the complainant or may 

14 remove offensive language and personal identification in15 formation. 

16 SEC. 5. ENFORCEMENT. 

17 (a) IN GENERAL.—A violation of any provision of this 

18 Act shall be treated as a violation of a rule defining an 

19 unfair or deceptive act or practice prescribed under section 

20 18(a)(1)(B) of the Federal Trade Commission Act (15 

21 U.S.C. 57a(a)(1)(B)). The Commission shall enforce this 

22 Act in the same manner, by the same means, and with 

23 the same jurisdiction as though all applicable terms and 

24 provisions of the Federal Trade Commission Act were in25 corporated into and made a part of this Act. 


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1 (b) DEADLINE FOR ISSUANCE OF REGULATIONS.— 

2 The Commission shall issue regulations to carry out this 

3 Act not later than 6 months after the date of the enact4 ment of this Act. 

Æ 


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