I 
116TH CONGRESS 
1ST SESSION H. R. 5096 
To improve passenger vessel security and safety, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 14, 2019 
Ms. MATSUI (for herself and Mr. FORTENBERRY) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastructure 
A BILL 
To improve passenger vessel security and safety, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 provi-
sion, the reference shall be considered to be made to a 
section or other provision of title 46, United States Code. 
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SEC. 2. CRUISE VESSEL SUBCHAPTER. 
Chapter 35 is amended— 
(1) by inserting before section 3501 the fol-
lowing: 
‘‘SUBCHAPTER I—GENERAL PROVISIONS’’; 
(2) by inserting before section 3507 the fol-
lowing: 
‘‘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 fol-
lowing: 
‘‘§ 3521. Application 
‘‘(a) IN GENERAL.—This subchapter applies to a 
passenger vessel that— 
‘‘(1) is authorized to carry at least 250 pas-
sengers; 
‘‘(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. 
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‘‘(b) FEDERAL
AND STATE VESSELS.—This sub-
chapter 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 sections 2 and 3 of this 
Act, is further amended by inserting after section 3521 
the following: 
‘‘§ 3522. Definitions 
‘‘In this subchapter, the following definitions apply: 
‘‘(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.’’. 
SEC. 5. BILL OF RIGHTS. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of Transportation shall deter-
mine whether any of the enumerated rights in the inter-
national cruise line passenger bill of rights, that was 
adopted by the members of the Cruise Lines International 
Association, are enforceable under Federal law. 
SEC. 6. CRIME REPORTING AND PUBLIC NOTICE. 
(a) AVAILABILITY OF LOG BOOK AND ENTRIES TO 
FBI AND OTHER INVESTIGATORS.—Section 3523(g)(1), 
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as redesignated under section 2 of this Act, is further 
amended— 
(1) in subparagraph (A) by striking ‘‘in a cen-
tralized location readily accessible to law enforce-
ment personnel,’’; and 
(2) in subparagraph (B) by striking ‘‘make 
such log book available’’ and inserting ‘‘make the 
Captain’s log, the security log, and the engine room 
log and all others 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 IN-
VESTIGATION REGARDING CERTAIN INCIDENTS.—Section 
3523(g)(3)(A)(i), as redesignated under section 2 of this 
Act, is further 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 further amended by adding at the end the following: 
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‘‘(C) REPORTS
BEFORE
DEPARTURE.—If 
an employee of a vessel to which this sub-
chapter applies is notified of an incident de-
scribed under subparagraph (A)(i) while the 
vessel is within the admiralty and maritime ju-
risdiction 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 des-
ignee) shall contact the nearest Federal Bureau 
of Investigation Field Office or Legal Attache 
within the time period specified under subpara-
graph (A)(i) or before the vessel departs port, 
whichever is earlier.’’. 
(d) REPORTS TO UNITED STATES CONSULATES.— 
Section 3523(g)(3), as redesignated under section 2 of 
this Act and as amended by subsection (c) of this section, 
is further amended by adding at the end the following: 
‘‘(D) REPORTS TO UNITED STATES CON-
SULATES.—If an incident described under sub-
paragraph (A)(i) allegedly involves an offense 
by or against a United States national, in addi-
tion 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 
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designee) shall contact the United States con-
sulate at the next port of call within the time 
period specified under subparagraph (A)(i).’’. 
(e) AVAILABILITY OF SECURITY GUIDE VIA INTER-
NET.—Section 3523(c)(1), as redesignated under section 
2 of this Act, is further amended— 
(1) in subparagraph (A)— 
(A) by striking ‘‘a guide (referred to in 
this subsection as the ‘security guide’)’’ and in-
serting ‘‘a security guide’’; and 
(B) by striking ‘‘English, which’’ and in-
serting ‘‘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 vessel owner maintains for passengers to 
purchase or book trips on any vessel that the vessel 
owner owns or operates, and to which this sub-
chapter applies’’. 
(f) 
REPORTING
REQUIREMENTS.—Section 
3523(g)(3), as redesignated under section 2 of this Act 
and as amended by subsections (c) and (d) of this section, 
is further amended by adding at the end the following: 
‘‘(E) REPORTING REQUIREMENTS.—All re-
ports required under subparagraphs (B), (C), 
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and (D) shall be reported to the State Fusion 
Center where the ship originally embarked from 
or disembarks, whichever is the sooner.’’. 
SEC. 7. CRIME PREVENTION, DOCUMENTATION, AND RE-
SPONSE REQUIREMENTS. 
(a) MAINTENANCE AND PLACEMENT OF VIDEO SUR-
VEILLANCE EQUIPMENT.—Section 3523(b)(1), as redesig-
nated under section 2 of this Act, is further amended— 
(1) by striking ‘‘The owner’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—The owner’’; 
(2) by striking ‘‘, as determined by the Sec-
retary’’; and 
(3) by adding at the end, the following: 
‘‘(B) PLACEMENT
OF
VIDEO
SURVEIL-
LANCE EQUIPMENT.—With regard to the place-
ment of video surveillance equipment on a ves-
sel 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 equip-
ment in other areas where a person has no 
reasonable expectation of privacy; and 
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‘‘(iii) place video surveillance equip-
ment in each area identified under clause 
(i) or (ii) in a manner that provides opti-
mum surveillance of that area.’’. 
(b) ACCESS TO VIDEO RECORDS.—Section 3523(b), 
as redesignated under section 2 of this Act, is further 
amended— 
(1) by redesignating paragraph (2) as para-
graph (3); and 
(2) in paragraph (3), as redesignated— 
(A) by striking ‘‘The owner’’ and inserting 
the following: 
‘‘(A) LAW
ENFORCEMENT.—The owner’’; 
and 
(B) by adding at the end, the following: 
‘‘(B) CIVIL ACTIONS.—The owner of a ves-
sel to which this subchapter applies shall pro-
vide 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 sub-
ject of the video surveillance; and 
‘‘(ii) that may provide evidence in a 
civil action. 
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‘‘(C) LIMITED
ACCESS.—Except as pro-
vided under subparagraphs (A) and (B), the 
owner of a vessel to which this subchapter ap-
plies shall ensure that access to records of video 
surveillance is limited to the purposes described 
under this section.’’. 
(c) NOTICE
OF
VIDEO
SURVEILLANCE.—Section 
3523(b), as redesignated under section 2 of this Act and 
as amended by subsection (b) of this section, 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 redesignated under section 2 of this Act and as amend-
ed by subsections (b) and (c) of this section, 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 1 year after completion of the voy-
age. If an incident described in subsection 
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(g)(3)(A)(i) is alleged and reported to law en-
forcement, all records of video surveillance from 
the voyage that the Federal Bureau of Inves-
tigation determines are relevant shall— 
‘‘(i) be provided to the Federal Bu-
reau 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 Com-
mandant, in consultation with the Federal Bu-
reau 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 Inves-
tigation, 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— 
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‘‘(i) consider factors that would aid in 
the investigation of serious crimes, includ-
ing crimes that go unreported until after 
the completion of a voyage; 
‘‘(ii) consider the different types of 
video surveillance systems and storage re-
quirements in creating standards both for 
vessels currently in operation and for ves-
sels 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 advance-
ments, including requirements to update 
technology.’’. 
(e) AVAILABILITY OF INCIDENT DATA VIA INTER-
NET.—Section 3523(g)(4)(A)(ii), as redesignated under 
section 2 of this Act, is further amended— 
(1) by redesignating subclauses (V) and (VI) as 
subclauses (VI) and (VII), respectively; and 
(2) by inserting after subclause (IV) the fol-
lowing: 
‘‘(V) identify whether each crime 
or alleged crime identified under sub-
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clause (IV) was committed or alleg-
edly committed against a minor;’’. 
(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, the Attorney General, 
and the heads of other relevant Federal agencies, shall 
conduct a study to determine the feasibility of having an 
individual on board each passenger vessel to which sub-
chapter II of chapter 35 of title 46, United States Code, 
applies to provide victim support services and related safe-
ty and security services, and shall report the findings of 
such study to Congress. The study shall include consider-
ation of costs, benefits to passengers, jurisdiction, and lo-
gistics. 
(g) CRIMINAL
ACTIVITY
PREVENTION
AND
RE-
SPONSE GUIDE.—Section 3523(c)(1), as redesignated by 
section 2 of this Act and as amended by section 6(e) of 
this Act, is further amended by amending subparagraph 
(B) to read as follows: 
‘‘(B) provide a copy of the security guide 
to— 
‘‘(i) the Secretary of Transportation 
for review; 
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‘‘(ii) the Federal Bureau of Investiga-
tion 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 such 
passenger shall be informed that they have 
the right to notify the FBI themselves that 
they have been a victim of a crime on a 
cruise ship; and’’. 
(h) MAINTENANCE OF SUPPLIES TO PREVENT SEXU-
ALLY TRANSMITTED DISEASES.—Section 3523(d)(1), as 
redesignated by section 2 of this Act, is further 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 as-
sault’’. 
(i) CRIME SCENE PRESERVATION TRAINING; CER-
TIFICATION
OF ORGANIZATIONS
BY MARAD.—Section 
3524(a), as redesignated by section 2 of this Act, is fur-
ther amended by striking ‘‘may certify’’ and inserting 
‘‘shall certify’’. 
(j) CREW ACCESS
TO PASSENGER STATEROOMS; 
PROCEDURES AND RESTRICTIONS.—Section 3523(f), as 
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redesignated by section 2 of this Act, is further amend-
ed— 
(1) in paragraph (1)— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (A); and 
(B) by adding at the end the following: 
‘‘(C) a system that electronically records 
the date, time, and identity of each crew mem-
ber 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.’’. 
(k) TECHNOLOGY
FOR DETECTING PASSENGERS 
WHO HAVE FALLEN OVERBOARD REQUIRED.—Section 
3523(a)(1)(D), as redesignated by section 2 of this Act, 
is further amended— 
(1) by striking ‘‘or’’ and inserting ‘‘and’’; and 
(2) inserting ‘‘to the extent that the Inter-
national Maritime Organization deems such tech-
nology is available’’ after ‘‘available’’. 
(l) 
REQUIREMENTS
FOR
REPORTING.—Section 
3523(b), as redesignated by section 2 of this Act and 
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amended by subsections (b), (c), and (d) of this section, 
is further amended by adding at the end: 
‘‘(F) REQUIREMENTS FOR REPORTING.— 
Any reporting requirement under this sub-
section is required regardless of whether or not 
the Federal Bureau of Investigation has opened 
a formal investigation.’’. 
SEC. 8. PASSENGER VESSEL SECURITY AND SAFETY RE-
QUIREMENTS. 
(a) VESSEL DESIGN, EQUIPMENT, CONSTRUCTION, 
AND RETROFITTING REQUIREMENTS.—Section 3523(a), 
as redesignated by section 2 of this Act, is further amend-
ed— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A) by striking ‘‘to which this subsection ap-
plies’’ and inserting ‘‘to which this subchapter 
applies’’; 
(B) in subparagraph (A)— 
(i) by striking ‘‘The vessel’’ and in-
serting ‘‘Each exterior deck of a vessel’’; 
and 
(ii) by striking the period at the end 
and inserting ‘‘unless the height require-
ment would interfere with the deployment 
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of a lifesaving device or other emergency 
equipment as identified by the Com-
mandant.’’; 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 unob-
structed view of the area outside the stateroom 
or crew cabin and, for purposes of this subpara-
graph, 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: 
‘‘(3) WAIVERS; RECORD
OF
WAIVERS.—The 
Secretary— 
‘‘(A) may waive a requirement under para-
graph (1) as the Secretary determines nec-
essary; 
‘‘(B) shall maintain a record of each waiv-
er made under subparagraph (A); and 
‘‘(C) shall include in such record the jus-
tification for the waiver.’’. 
(b) MEDICAL STANDARDS.— 
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(1) IN
GENERAL.—Section 3523, as redesig-
nated by section 2 of this Act, is further amended— 
(A) by striking subsections (k) and (l); and 
(B) by inserting after subsection (j) the 
following: 
‘‘(k) MEDICAL STANDARDS.— 
‘‘(1) IN GENERAL.—The owner of a vessel to 
which this subchapter applies shall ensure that— 
‘‘(A) a physician is always present and 
available to treat any passengers who may be 
on board the vessel in the event of an emer-
gency situation; 
‘‘(B) there is a sufficient number of quali-
fied medical staff on board the vessel to treat 
the number of passengers who may be on board 
the vessel, as determined by the Secretary by 
regulation; 
‘‘(C) if a United States citizen dies on 
board the vessel and the citizen’s next of kin re-
quests that the citizen’s body return to the 
United States on board the vessel, such request 
is granted; 
‘‘(D) every crew member on board the ves-
sel has received basic life support training and 
is certified in cardiopulmonary resuscitation; 
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‘‘(E) 
automated 
external 
defibrillators 
are— 
‘‘(i) placed throughout the vessel in 
clearly designated locations; 
‘‘(ii) available for passenger access in 
the event of an emergency; and 
‘‘(iii) capable of contacting cruise 
medical staff through tracing or callbox ca-
pability; and 
‘‘(F) the initial safety briefing given to the 
passengers on board the vessel includes— 
‘‘(i) the location of the vessel’s med-
ical facilities; 
‘‘(ii) the appropriate steps passengers 
should follow during a medical emergency; 
‘‘(iii) the location and proper use of 
automated external defibrillators; and 
‘‘(iv) the proper way to report an inci-
dent or to seek security assistance in the 
event of a medical emergency. 
‘‘(2) PHYSICIAN DEFINED.—In this subsection, 
the term ‘physician’ means a medical doctor who— 
‘‘(A) has at least 3 years of post-graduate, 
post-registration experience in general and 
emergency medicine; or 
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‘‘(B) is board certified in emergency medi-
cine, family medicine, or internal medicine. 
‘‘(3) QUALIFIED MEDICAL STAFF DEFINED.—In 
this subsection, the term ‘qualified medical staff’ 
means a medical professional certified in ACLS and 
ATLS training.’’. 
(2) APPLICATION.—The amendment made by 
paragraph (1)(B) shall apply on and after the date 
that is 180 days after the date of the enactment of 
this Act. 
(c) DEFINITION OF EXTERIOR DECK.—Section 3523, 
as redesignated by section 2 of this Act and as amended 
by subsection (b) of this section, is further amended by 
inserting after subsection (k) the following: 
‘‘(l) DEFINITION OF EXTERIOR DECK.—In this sec-
tion, the term ‘exterior deck’ means any exterior weather 
deck on which a passenger may be present, including pas-
senger stateroom balconies, exterior promenades on pas-
senger decks, muster stations, and similar exterior weath-
er 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 
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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 affect, any 
privilege any agency or person may claim with re-
spect 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 Trans-
portation, the Secretary of Homeland Security, or 
the Attorney General. 
(b) PASSENGER VESSEL SECURITY AND SAFETY RE-
QUIREMENTS; DENIAL OF ENTRY.—Section 3523(h), as 
redesignated by section 2 of this Act, is further amend-
ed— 
(1) by striking paragraph (2); 
(2) in the subsection heading by striking ‘‘EN-
FORCEMENT’’ and inserting ‘‘PENALTIES’’; and 
(3) in paragraph (1)— 
(A) by striking ‘‘(1) PENALTIES.—’’ and 
all that follows through ‘‘(A) CIVIL PENALTY.— 
’’ and inserting ‘‘(1) CIVIL PENALTY.—’’; and 
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(B) by redesignating subparagraph (B) as 
paragraph (2), and adjusting the margin appro-
priately. 
(c) ENFORCEMENT.—Chapter 35, as amended by this 
Act, is further amended by adding at the end the fol-
lowing: 
‘‘§ 3525. Refusal of clearance; denial of entry 
‘‘(a) CLEARANCE.—The Secretary of Homeland Se-
curity 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 de-
partment in which the Coast Guard is operating may deny 
entry into the United States to a vessel to which this sub-
chapter 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.’’. 
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SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) IN GENERAL.—Section 3523, as redesignated by 
section 2 of this Act and as otherwise amended by this 
Act, is further amended by striking ‘‘to which this section 
applies’’ each place it appears and inserting ‘‘to which this 
subchapter applies’’. 
(b) CONFORMING AMENDMENT.—Section 3524, as 
redesignated by section 2 of this Act and as otherwise 
amended by this Act, is further amended by striking ‘‘to 
which this section applies’’ each place it appears and in-
serting ‘‘to which this subchapter applies’’. 
SEC. 11. LIMITATIONS IN CERTAIN CASES. 
(a) IN GENERAL.—Section 30307 is amended— 
(1) in the section heading by striking ‘‘Com-
mercial aviation accidents’’ and inserting 
‘‘Limitations in certain cases’’; 
(2) by striking subsection (a) and inserting the 
following: 
‘‘(a) DEFINITION OF CRUISE SHIP.—In this section, 
the term ‘cruise ship’ means a passenger vessel, other than 
a vessel of the United States operated by the Federal Gov-
ernment or a vessel owned and operated by a State, that— 
‘‘(1) is authorized to carry at least 250 pas-
sengers; 
‘‘(2) has onboard sleeping facilities for each 
passenger; 
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‘‘(3) is on a voyage that embarks or disembarks 
passengers in the United States; and 
‘‘(4) is not engaged on a coastwise voyage.’’; 
(3) in subsection (b) by inserting ‘‘or a death 
on a cruise ship resulting from a wrongful act, ne-
glect, or default’’ after ‘‘commercial aviation acci-
dent’’; and 
(4) in subsection (c) by inserting ‘‘or a death 
on a cruise ship resulting from a wrongful act, ne-
glect, or default’’ after ‘‘commercial aviation acci-
dent’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 303 is amended by striking the item relating 
to section 30307 and inserting the following: 
‘‘30307. Limitations in certain cases.’’. 
Æ 
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