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 protec-
tions for cruise vessel passengers, 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. 
This Act may be cited as the ‘‘Cruise Vessel Con-
sumer Confidence Act of 2013’’. 
SEC. 2. CRUISE VESSEL PASSENGER PROTECTIONS. 
(a) IN GENERAL.—Subtitle VIII of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘(A) shall order the owner of a cruise ves-
sel carrying out such action to cease such ac-
tion; and 
‘‘(B) if such owner violates the order under 
subparagraph (A), may impose on such owner 
a civil penalty of not more than $25,000. 
‘‘(2) CONTINUING VIOLATIONS.—For purposes 
of paragraph (1)(B), each day of a continuing viola-
tion shall be treated as a separate violation. 
‘‘(d) DISCLOSURE REQUIREMENTS.— 
‘‘(1) IN GENERAL.—It shall be an unfair or de-
ceptive practice for purposes of subsection (a) for 
any owner of a cruise vessel offering to sell a ticket 
for passenger travel on a cruise vessel to fail to dis-
close, in writing, prior to such offer— 
‘‘(A) the name of the cruise vessel on 
which the travel will take place; 
‘‘(B) the casualty history of the cruise ves-
sel, including an identification of all man over-
board instances; 
‘‘(C) a list of all complaints of crimes com-
mitted on any voyage of the cruise vessel that 
embarked or disembarked passengers in the 
United States, including all incidents reported 
to the Federal Bureau of Investigation without 
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regard to investigative status, which shall indi-
cate, for each complaint— 
‘‘(i) whether a crew member was in-
volved; 
‘‘(ii) whether a passenger was in-
volved; and 
‘‘(iii) whether a minor was involved; 
‘‘(D) the number of gastric illness out-
breaks on the cruise vessel for which the Cen-
ters for Disease Control and Prevention re-
quired— 
‘‘(i) reporting of an outbreak to the 
Centers; or 
‘‘(ii) quarantining more than 10 pas-
sengers; 
‘‘(E) the number and length of delays of 
the cruise vessel due to mechanical failures; 
‘‘(F) the country under the laws of which 
the cruise vessel is documented; 
‘‘(G) where criminal and civil investiga-
tions and proceedings will be held for incidents 
that occur outside of United States waters; 
‘‘(H) a statement of whether the ticket 
price includes all applicable taxes and fees, in-
cluding taxes and fees relating to ports of call; 
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‘‘(I) an estimate of all applicable taxes and 
fees, including taxes and fees relating to ports 
of call; 
‘‘(J) any other material condition of the 
travel determined appropriate for disclosure by 
the Commission; and 
‘‘(K) instructions to passengers on how to 
file complaints with the Commission regarding 
the cruise vessel and any violations of this 
chapter. 
‘‘(2) INTERNET
OFFERS.—In the case of an 
offer to sell tickets for passenger travel on a cruise 
vessel through an Internet Web site, disclosure of 
the information required under paragraph (1) shall 
be— 
‘‘(A) provided on the first display of the 
Web site that follows a search of a requested 
itinerary; and 
‘‘(B) in a format that is easily visible to a 
viewer. 
‘‘(e) ELECTRONIC TICKETS.—It shall be an unfair or 
deceptive practice for purposes of subsection (a) for any 
owner of a cruise vessel offering to sell a ticket for pas-
senger travel on a cruise vessel through an Internet Web 
site to require that the ticket purchaser provide a printed 
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version of that ticket for such travel if the purchaser is 
able to provide identification determined appropriate by 
the Commission at the time of such travel. 
‘‘§ 80702. Reimbursement for delays 
‘‘(a) IN GENERAL.—The Federal Maritime Commis-
sion shall establish a process to ensure that, in any case 
in which the initial departure or the final disembarking 
of a cruise vessel for a cruise is delayed for a period of 
more than 24 hours, a passenger with a ticket for the ves-
sel subject to such delay is reimbursed by an owner of 
the vessel in an amount that— 
‘‘(1) if the delay is more than 24 hours but less 
than 48 hours, is equal to the lesser of— 
‘‘(A) half the price of the ticket of the pas-
senger; or 
‘‘(B) $500; or 
‘‘(2) if the delay is 48 hours or more, is equal 
to the price of the ticket of the passenger. 
‘‘(b) EXCEPTIONS.—The Commission shall ensure 
that the process under subsection (a) establishes appro-
priate exceptions for delays that are the result of an un-
foreseeable event and are not related to a mechanical fail-
ure, including— 
‘‘(1) inclement weather; 
‘‘(2) political unrest; 
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‘‘(3) piracy; or 
‘‘(4) an action necessary to preserve the safety 
of passengers. 
‘‘(c) ENFORCEMENT.—If the Commission determines 
that an owner of a cruise vessel failed to reimburse a pas-
senger as required under this section, the Commission, 
after notice and an opportunity for a hearing, may impose 
on such person a civil penalty of not more than $25,000. 
‘‘§ 80703. Customer service plans 
‘‘(a) IN GENERAL.—An owner of a cruise vessel shall 
submit to the Federal Maritime Commission a plan with 
respect to customer service that includes processes for— 
‘‘(1) appropriately notifying passengers of 
delays and cancellations; 
‘‘(2) ensuring transparent cancellation policies; 
‘‘(3) issuing prompt ticket refunds after can-
cellations; 
‘‘(4) properly accommodating passengers with 
disabilities or special needs; 
‘‘(5) ensuring responsiveness to passenger com-
plaints; 
‘‘(6) notifying passengers in a timely manner of 
changes to planned itineraries or ports of call; and 
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‘‘(7) meeting the essential needs of passengers 
during lengthy delays, including by providing access 
to— 
‘‘(A) adequate food and potable water; 
‘‘(B) adequate restroom facilities; 
‘‘(C) electrical power; 
‘‘(D) real-time updates with respect to the 
delay; 
‘‘(E) cabin ventilation and comfortable 
cabin temperatures; and 
‘‘(F) necessary medical treatment. 
‘‘(b) TICKET CONTRACTS.— 
‘‘(1) INCORPORATION.—An owner of a cruise 
vessel shall incorporate the plan submitted under 
subsection (a) into the ticket contract of that owner. 
‘‘(2) AVAILABILITY ON INTERNET.—An owner 
of a cruise vessel shall make the ticket contract of 
that owner, including the plan submitted under sub-
section (a), available on the Web site of that owner 
in an easily accessible form. 
‘‘(c) REVIEW.—The Commission shall review each 
plan submitted under subsection (a) to determine if such 
plan is complete and may require modifications of that 
plan for completeness as the Commission determines nec-
essary. 
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‘‘(1) plan elements and the requirements for 
each of those elements; and 
‘‘(2) filing of the plans, including contact infor-
mation. 
‘‘(g) ENFORCEMENT.— 
‘‘(1) IN GENERAL.—The Commission may im-
pose, after notice and an opportunity for a hearing, 
on any owner of a cruise vessel who violates this sec-
tion and any owner of a cruise vessel determined to 
be operating in violation of a plan submitted under 
this section, a civil penalty of not more than 
$25,000. 
‘‘(2) CONTINUING VIOLATIONS.—For purposes 
of paragraph (1), each day of a continuing violation 
shall be treated as a separate violation. 
‘‘§ 80704. Passenger complaints 
‘‘(a) IN GENERAL.—The Federal Maritime Commis-
sion shall establish a process for cruise vessel passengers 
to report to the Commission complaints relating to sub-
jects addressed under this chapter, which shall include a 
telephone number, an email address, and other appro-
priate electronic means for complaint submission. 
‘‘(b) NOTICE.—The Commission shall notify the pub-
lic and require cruise vessel owners to notify passengers 
of the process established under subsection (a). 
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‘‘§ 80705. Report 
‘‘Not later than 3 years after the date of enactment 
of this section, and every 3 years thereafter, the Federal 
Maritime Commission shall submit to Congress a report 
on the implementation of this chapter by the Commission, 
including any penalties imposed under this chapter. 
‘‘§ 80706. Authorization of fees 
‘‘(a) IN GENERAL.—The Federal Maritime Commis-
sion may establish, adjust, and collect fees in cruise vessel 
ticket prices to fund the implementation of this chapter. 
‘‘(b) RELATIONSHIP TO COSTS.—The Federal Mari-
time Commission shall ensure that fees under subsection 
(a) are reasonably related to the costs incurred by the 
Commission in implementing this chapter. 
‘‘(c) LIMITATIONS ON JUDICIAL REVIEW.—The fol-
lowing shall not be subject to judicial review: 
‘‘(1) The establishment or adjustment of a fee 
by the Commission under this section. 
‘‘(2) The validity of a determination by the 
Commission for purposes of this section of the costs 
to implement this chapter and the processes and 
procedures applied by the Commission in reaching 
such determination. 
‘‘(3) The allocation of costs by the Commission 
to services it provides pursuant to this chapter and 
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the processes and procedures applied by the Com-
mission in establishing such allocation. 
‘‘(d) COSTS DEFINED.—In this section, the term 
‘costs’ includes operation and maintenance costs, leasing 
costs, and overhead expenses associated with services pro-
vided by the Federal Maritime Commission under this 
chapter and the facilities and equipment used in providing 
such services. 
‘‘§ 80707. Definitions 
‘‘In this chapter, the following definitions apply: 
‘‘(1) CRUISE VESSEL.—The term ‘cruise vessel’ 
means a passenger vessel (as defined in section 
2101(22)) that— 
‘‘(A) is authorized to carry at least 250 
passengers; 
‘‘(B) has onboard sleeping facilities for 
each passenger; and 
‘‘(C) is used for voyages that embark or 
disembark passengers in the United States. 
‘‘(2) MECHANICAL
FAILURE.—The term ‘me-
chanical failure’ means, with respect to a cruise ves-
sel, the failure of any machine or mechanical system 
of that vessel to function within the parameters that 
the manufacturer or engineer of that machine or 
system has specified is normal. 
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‘‘(3) OWNER.—The term ‘owner’ means, with 
respect to a cruise vessel, the owner, charterer, man-
aging operator, master, or other individual in charge 
of the vessel.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
title VIII of title 46, United States Code, is amended by 
adding after the item relating to chapter 805 the fol-
lowing: 
‘‘807. Cruise Vessel Passenger Protections .................................
80701’’. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion, including any amendment made in this section, may 
be construed to eliminate or replace authority provided to 
a department or agency under other Federal or State law. 
Æ 
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