Cruise Passenger Protection Act of 2024

Bill: 118-s-4947
Sponsor: full_name: Sen. Blumenthal, Richard [D-CT]
Introduced: 2024-08-01
Policy area: Transportation and Public Works
Latest action: action_date: 2024-08-01
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 4947 IN THE SENATE OF THE UNITED STATES August 1, 2024 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. Short title; references (a) Short title This Act may be cited as the Cruise Passenger Protection Act of 2024 . (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 provision, the reference shall be considered to be made to a section or other provision of title 46, United States Code. 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; references. Sec. 2. Table of contents. TITLE I—Covered passenger vessel consumer service and protection Sec. 101. Covered passenger vessel consumer service improvements. Sec. 102. Cruise line passenger bill of rights; advisory committee for covered passenger vessel consumer protection. Sec. 103. Assistance to victims of crimes on board certain passenger vessels. Sec. 104. Clerical amendments. TITLE II—Cruise vessel passenger improvements Sec. 201. Cruise vessel chapter organization, application, and definitions. Sec. 202. Crime reporting and public notice. Sec. 203. Crime prevention, documentation, and response requirements. Sec. 204. Passenger vessel security and safety requirements. Sec. 205. Enforcement. Sec. 206. Technical and conforming amendments. Sec. 207. Limitations in certain cases. I Covered passenger vessel consumer service and protection 101. Covered passenger vessel consumer service improvements Subtitle II is amended by adding at the end the following: L Office of Maritime Consumer Protection 161 Office of Maritime Consumer Protection 16101. Definitions. 16102. Application. 16103. Office of Maritime Consumer Protection. 16104. Covered passenger vessel consumer service improvements. 16105. Invalidation of pre-dispute arbitration and class action waiver clauses in certain contracts relating to covered passenger vessel transportation. 16101. Definitions In this chapter: (1) Applicable passenger The term applicable passenger means a passenger on a covered passenger vessel who is a citizen of the United States. (2) Assistant General Counsel The term Assistant General Counsel means the Assistant General Counsel for the Office of Maritime Consumer Protection. (3) Covered passenger vessel The term covered passenger vessel means a passenger vessel or small passenger vessel to which this chapter applies, in accordance with section 16102 of this title. (4) Key terms The term key terms includes terms related to undisclosed costs and fees, indemnification, waivers, limitations on liability, notice of claim and actions, time limitations, arbitration, forum, and jurisdiction. (5) Office The term Office means the Office of Maritime Consumer Protection. (6) Owner The term owner means the owner, charterer, managing operator, master, or other individual in charge of a vessel. (7) Passage contract The term passage contract means a binding agreement for passage on a covered passenger vessel. (8) Secretary Notwithstanding section 2101 of this title, the term Secretary means the Secretary of Transportation. 16102. Application (a) In general This chapter applies to passenger vessels and small passenger vessels. (b) Federal and State vessels This chapter does not apply to— (1) a vessel of the United States operated by the Federal Government; or (2) a vessel owned and operated by a State. 16103. Office of Maritime Consumer Protection (a) Establishment There is established within the Office of the General Counsel of the Department of Transportation an Office of Maritime Consumer Protection. (b) Head The Office shall be headed by the Assistant General Counsel for the Office of Maritime Consumer Protection. (c) Duties The Office shall— (1) serve as the primary entity of the Department of Transportation with respect to consumer protection issues relating to covered passenger vessels (unless otherwise provided under law), including— (A) carrying out the requirements of this chapter; (B) providing assistance to the industry regarding compliance assistance under this chapter; (C) processing consumer complaints regarding the requirements of this chapter and other consumer complaints regarding covered passenger vessels; (D) inspecting covered passenger vessels to ensure that owners of such vessels have knowledge of the consumer protection requirements that apply; (E) investigating potential consumer protection violations regarding maritime travel; and (F) pursuing enforcement of such violations; and (2) serve as the implementing office for the duties of the Secretary under section 102 of the Cruise Passenger Protection Act of 2024 . 16104. Covered passenger vessel consumer service improvements (a) Passage contracts (1) Development of standards (A) Passenger vessels Not later than 180 days after the date on which the advisory committee makes its recommendations under section 102(b)(6)(C) of the Cruise Passenger Protection Act of 2024 , the Secretary, acting through the Assistant General Counsel, shall develop standards for use by an owner of a covered passenger vessel that is a passenger vessel or, subject to subparagraph (B), a small passenger vessel, to provide a prospective applicable passenger with a summary that highlights key terms in the passage contract and is provided before such terms are binding. (B) Small passenger vessels The Secretary shall determine the extent to which standards developed under subparagraph (A) shall apply with respect to passage contracts for small passenger vessels. (2) Consultation In developing the standards under paragraph (1), the Secretary may consult with other Federal agencies, persons with expertise on admiralty and maritime law, consumer advocates, industry representatives, and such other persons as the Secretary considers necessary. (3) Statute of limitations The statute of limitations for filing a lawsuit against the owner of a covered passenger vessel, which shall not be shorter than 3 years, shall be clearly identified in the passage contract described in paragraph (1). (4) Recommendations The standards developed under paragraph (1) shall include recommendations regarding— (A) style, formatting, and placement that ensures that the summary is conspicuous; and (B) terminology that ensures that the summary is— (i) clear, unambiguous, and unmistakable; and (ii) to the greatest extent possible, uniform, concise, and not complex. (5) Periodic review The Secretary shall periodically review and update, as appropriate, the standards developed under paragraph (1). (6) Requirements Beginning on the date that is 180 days after the date on which the standards are developed under paragraph (1), an owner of a covered passenger vessel shall— (A) provide each prospective applicable passenger with a summary in accordance with the standards that apply to the covered passenger vessel under paragraph (1); (B) include a prominently accessible link to the summary on each internet website that the owner maintains for prospective applicable passengers to purchase or book passage on the covered passenger vessel; and (C) include the summary in any promotional literature or advertising, through any medium of communication in the United States offering passage or soliciting applicable passengers for ocean voyages anywhere in the world, that the Secretary considers necessary to adequately notify a prospective applicable passenger of the key terms in the passage contract before such terms are binding. (7) Preemption The standards developed under paragraph (1) shall preempt any related State standards that require a summary that provides less information to a prospective applicable passenger than the information required to be provided under this subsection, as determined by the Secretary. (b) Covered passenger vessel consumer complaints (1) Toll-free hotline and Internet website link for consumer passenger vessel complaints The Secretary, acting through the Assistant General Counsel, shall— (A) establish a consumer complaints toll-free hotline telephone number for applicable passengers; (B) establish a consumer complaints link for use by applicable passengers on the internet website maintained under section 16106(i); and (C) notify the public of— (i) the telephone number established under subparagraph (A); and (ii) the internet website maintained under section 16106(i). (2) Website The Secretary, acting through the Assistant General Counsel, shall— (A) maintain a statistical compilation of all consumer complaints on the internet website under section 16106(i) that provides a numerical accounting of each category of consumer complaint; (B) update the data referred to in subparagraph (A) not less frequently than monthly; (C) aggregate such data by covered passenger vessel; and (D) identify each covered passenger vessel by name. (3) Investigations of consumer complaints The Secretary, acting through the Assistant General Counsel and in coordination with other relevant Federal agencies, may investigate consumer complaints from applicable passengers, including— (A) cancellations, delays, and port skipping; (B) lost, damaged, and delayed baggage; (C) conditions on board the covered passenger vessel; (D) problems in obtaining refunds for unused or lost tickets or fare adjustments; (E) incorrect or incomplete information about fares, discount fare conditions and availability, overcharges, and fare increases; (F) deceptive or misleading advertising; and (G) compliance with Federal regulations. (4) Referral to federal or state agency The Secretary may refer any complaint received under this subsection to the Attorney General or a relevant Federal or State agency for action, as appropriate. (5) Notice to passengers (A) Internet websites Each owner of a covered passenger vessel shall include, in a conspicuous location on each internet website that such owner maintains for applicable passengers to purchase or book passage on the covered passenger vessel— (i) the telephone number established under paragraph (1)(A); (ii) the consumer complaints link established under paragraph (1)(B); and (iii) any other information necessary for an applicable passenger to submit a consumer complaint for resolution. (B) Boarding documentation The owner of a covered passenger vessel shall include the telephone number and internet address of the link for consumer complaints established under paragraph (1) on— (i) any promotional literature or advertising, through any medium of communication in the United States offering passage or soliciting applicable passengers for ocean voyages on covered passenger vessels, that the Secretary considers necessary to adequately notify such prospective passenger of the telephone number and internet address; and (ii) any electronic confirmation of the purchase of passage on a covered passenger vessel. (c) Penalties (1) Civil penalty The Secretary, acting through the Assistant General Counsel, may impose on any person that violates this section or a regulation under this section a civil penalty of not more than $25,000 for each day during which the violation continues. (2) Criminal penalty Any person that willfully violates this section or a regulation under this section shall be fined not more than $250,000 or imprisoned not more than 1 year, or both. (d) Rulemaking The Secretary, acting through the Assistant General Counsel, shall issue such regulations as are necessary to implement this section. 16105. Invalidation of pre-dispute arbitration and class action waiver clauses in certain contracts relating to covered passenger vessel transportation (a) Covered contract In this section, the term covered contract means a contract for the purchase of a ticket for transportation on a covered passenger vessel. (b) Arbitration Notwithstanding any other provision of law, arbitration may be used to settle a controversy arising from or relating to a provision of a covered contract only if, after the controversy arises, all parties to the controversy consent, in writing, to use arbitration to settle the controversy. (c) Class Actions Notwithstanding any other provision of law, no predispute joint-action waiver shall be valid or enforceable with respect to any alleged claim regarding a covered contract. (d) Court determinations An issue as to whether this section applies with respect to a dispute shall be determined under Federal law. The applicability of this section to an agreement to arbitrate and the validity and enforceability of a covered contract shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the covered contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator. (e) Applicability This section shall apply with respect to contracts entered into, or renewed, on or after the date of the enactment of the Cruise Passenger Protection Act of 2024 . . 102. Cruise line passenger bill of rights; advisory committee for covered passenger vessel consumer protection (a) Bill of rights (1) Enforceability Not later than 180 days after the date of the enactment of this Act, the Secretary of Transportation, acting through the Assistant General Counsel for the Office of Maritime Consumer Protection, shall determine whether any of the enumerated rights in the international cruise line passenger bill of rights, which was adopted in 2013 by the members of the Cruise Lines International Association, are enforceable under Federal law. (2) Required statement The Secretary of Transportation, acting through the Assistant General Counsel for the Office of Maritime Consumer Protection, shall include in the standards developed under section 16104(a) of title 46, United States Code, a statement informing a prospective passenger— (A) which rights referred to in paragraph (1) are legally enforceable; and (B) how a passenger or prospective passenger might pursue such enforcement, including identifying any action, including a private cause of action, an administrative action, or any other method of enforcement, that may be taken or pursued. (b) Advisory committee for covered passenger vessel consumer protection (1) Definition of covered passenger vessel In this subsection, the term covered passenger vessel means a passenger vessel or small passenger vessel to which chapter 161 of title 46, United States Code, applies. (2) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation, acting through the Assistant General Counsel for the Office of Maritime Consumer Protection, shall establish an advisory committee for covered passenger vessel consumer protection (referred to in this subsection as the advisory committee ) to advise the Secretary in carrying out activities relating to passenger vessel customer service improvements. (3) Membership (A) In general By not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall appoint the members of the advisory committee, which shall be comprised of 1 representative each of— (i) owners of passenger vessels, as defined in section 2101 of title 46, United States Code; (ii) owners of small passenger vessels, as defined in such section; (iii) international industry-related associations; (iv) State or local governments with expertise in consumer protection matters; (v) nonprofit public interest groups with expertise in consumer protection matters; (vi) nonprofit public interest groups with expertise in victim assistance; and (vii) relevant Federal agencies, as determined by the Secretary of Transportation. (B) Vacancies A vacancy in the advisory committee shall be filled in the manner in which the original appointment was made. (C) Chair The Secretary of Transportation shall designate, from among the individuals appointed under subparagraph (A), an individual to serve as chair of the advisory committee. (4) Meetings The advisory committee shall meet at the call of the chair of the advisory committee, but not less frequently than annually. (5) Travel expenses Members of the advisory committee shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. (6) Duties The advisory committee shall— (A) evaluate existing consumer protection programs or services for covered passenger vessels; (B) recommend to the Secretary of Transportation— (i) improvements needed to the programs or services under subparagraph (A), as necessary; and (ii) any additional consumer protection programs or services for covered passenger vessels, as necessary; (C) not later than 1 year after the date on which the committee is established under paragraph (2), recommend to the Secretary of Transportation which key terms in a passage contract for a covered passenger vessel should be highlighted before such terms are binding, such as— (i) products and services available on board the covered passenger vessel for an undisclosed cost or fee or that otherwise are not included in the price of passage; (ii) the country under which the covered passenger vessel is registered or flagged; (iii) a statement that, under certain circumstances, a passenger on a covered passenger vessel may be subject to the law of a foreign country; (iv) the covered passenger vessel may not accept responsibility for any health care services provided to a passenger by medical staff on board the covered passenger vessel; (v) the maximum amount an owner of a covered passenger vessel will reimburse a passenger for lost or stolen property while on board the passenger vessel; and (vi) where to file a notice of claim or initiate any legal action against the owner of the covered passenger vessel; and (D) annually for the 5-year period beginning on the date on which the advisory committee is established, and periodically thereafter as the advisory committee determines necessary, review the recommendations described in subparagraphs (B) and (C) and submit any recommended updates to the Secretary of Transportation. (7) Report to Congress Not later than 30 days after the Secretary of Transportation receives recommendations, including updated recommendations, under paragraph (6) from the advisory committee, the Secretary shall submit to Congress a report that contains— (A) such recommendations of the advisory committee; (B) an explanation of whether and how the industry has implemented each recommendation; and (C) for each recommendation not implemented, the industry’s reason for not implementing the recommendation. (8) Termination The advisory committee shall terminate on the date that is 15 years after the date of enactment of this Act. 103. Assistance to victims of crimes on board certain passenger vessels (a) Authority To provide assistance to victims of crimes on board passenger vessels Chapter 161, as added by section 101 of this Act, is further amended by adding at the end the following: 16106. Assistance to victims of crimes on board certain passenger vessels (a) Purpose The purpose of this section is to provide to an applicable passenger who is an alleged victim of an incident described in section 3523(g)(3)(A)(i)— (1) a written summary of rights described in subsection (e); (2) a primary point of contact within the Federal Government; and (3) a means of obtaining immediate, free, and confidential support services. (b) Director of victim support services (1) Establishment There shall be a director of victim support services of the Office. (2) Designation; public outreach (A) Interim director Not later than 30 days after the date of enactment of the Cruise Passenger Protection Act of 2024 , the Secretary shall designate an employee of the Department of Transportation as the interim director of victim support services, who shall serve in such position until a final designation or appointment is made under subparagraph (B). (B) Final designation and public outreach Not later than 180 days after the date of enactment of the Cruise Passenger Protection Act of 2024 , the Secretary, in consultation with the Department of Justice and other relevant Federal agencies, shall— (i) appoint an individual to serve as the director of victim support; and (ii) determine an effective way to publicize the toll-free telephone number under subsection (c) and the availability of support services under this section. (3) Responsibilities The director of victim support services shall— (A) be responsible for acting as a primary point of contact within the Federal Government for any applicable passenger described in subsection (a); (B) coordinate with one or more nonprofit organizations or other entities that can provide the types of support services described in subsection (d); (C) establish a process for an applicable passenger described in subsection (a) to obtain the appropriate types of support services described in subsection (d); (D) recommend a process for an applicable passenger described in subsection (a) to obtain an appropriate continuum of care; (E) recommend a process for an applicable passenger described in subsection (a) to obtain information on the status of any related criminal investigation; (F) develop guidance, consistent with the purpose of this section, for the security guide under section 3523(c)(1), including a process to ensure that an owner of a passenger vessel provides a copy of the security guide to an applicable passenger immediately after the vessel is notified that the passenger is an alleged victim of an incident described in section 3523(g)(3)(A)(i); (G) periodically update that guidance, as necessary; and (H) be the primary liaison between an applicable passenger described in subsection (a) and— (i) the owner of the passenger vessel; (ii) any relevant Federal agency; (iii) any relevant United States embassy or United States consulate; and (iv) any other person that the director of victim support services considers necessary to carry out the purpose of this section. (c) Toll-Free telephone number The Secretary shall establish a toll-free telephone number, available 24 hours each day, that an applicable passenger described in subsection (a) can call to initiate the process under subsection (b)(3)(C). (d) Support services The director of victim support services shall determine the types of support services that an applicable passenger described in subsection (a) can obtain, such as— (1) directions on how to report an incident described in section 3523(g)(3)(A)(i) to appropriate authorities; (2) an explanation of, or assistance completing, necessary forms to report an incident described in section 3523(g)(3)(A)(i); (3) an explanation of how, or assistance to, obtain support services under this section; (4) arranging, if appropriate, for mental health and counseling services; (5) arranging, if possible, for education regarding and advocacy during applicable criminal justice proceedings; and (6) communicating with that applicable passenger as to the roles of the organization or entities described in subsection (b)(3)(B), government agencies, and the owner of the passenger vessel involved with respect to the incident and the post-incident activities. (e) Summary of rights Not later than 180 days after the date of enactment of the Cruise Passenger Protection Act of 2024 , the Secretary, acting through the Assistant General Counsel and in consultation with the Department of Justice, other relevant Federal agencies, nonprofit public interest groups with expertise in victim assistance, and such other persons that the Secretary considers necessary, shall— (1) determine what rights an applicable passenger described in subsection (a) may have under law, such as the right to contact the Federal Bureau of Investigation to report the crime, the right to contact the director of victim support services, and the right to speak confidentially to Federal law enforcement, the director of victim support services, and any other third-party victim advocate without any representative or employee of the passenger vessel present; (2) develop a written summary of those rights; and (3) establish a process for an applicable passenger described in subsection (a) to receive the written summary of rights as soon as practicable after an alleged incident described under section 3523(g)(3)(A)(i). (f) Guardians and relatives If an applicable passenger described in subsection (a) is deceased or is a minor, or under such other circumstances that the director of victim support services considers necessary, the director may provide support services under this section to a guardian or relative of that applicable passenger. (g) Use of passenger vessel resources As appropriate, the resources of the passenger vessel shall be used to the greatest extent possible to carry out the purpose of this section. (h) Statutory construction Nothing in this section may be construed as limiting the obligations that an owner of a passenger vessel may have in providing assistance to an applicable passenger who is an alleged victim of an incident described under section 3523(g)(3)(A)(i). (i) Availability of incident data via Internet (1) In general The Secretary, acting through the Assistant General Counsel, shall maintain a statistical compilation of all incidents described in section 3523(g)(3)(A) on an internet website that provides a numerical accounting of the missing persons and alleged crimes duly recorded in each report filed under section 3523(g)(3). Each incident described in section 3523(g)(3)(A) shall be included in the statistical compilation irrespective of its investigative status. (2) Updates The Secretary shall ensure that the data described in paragraph (1)— (A) is updated not less frequently than monthly; (B) is aggregated by cruise line; (C) identifies each cruise line by name; (D) identifies each crime and alleged crime as to whether it was committed or allegedly committed by a passenger or a crew member; (E) identifies each crime and alleged crime as to whether it was committed or allegedly committed against a minor; (F) identifies the number of alleged individuals overboard; and (G) is compiled on the Internet website in a user-friendly format. (3) Access to website Each owner of a passenger vessel shall include a prominently accessible link to the internet website maintained by the Office of Maritime Consumer Protection under paragraph (1) on each Internet website that the owner maintains for prospective applicable passengers to purchase or book passage on the passenger vessel. (j) Regulations The Secretary shall issue such regulations as are necessary to implement this section. . (b) Study Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation, acting through the Assistant General Counsel for the Office of Maritime Consumer Protection and in coordination with the Secretary of the department in which the Coast Guard is operating, the Attorney General, and heads of other relevant Federal agencies, shall— (1) conduct a study to determine the feasibility of having an individual on board each passenger vessel, or certain categories of passenger vessels, to which chapter 161 applies to provide victim support services, including the support services under section 16106(d) of title 46, United States Code, and related safety and security services, which includes consideration of the cost, the benefit to passengers, jurisdiction, and logistics; and (2) report the findings of the study conducted under paragraph (1) to Congress. 104. Clerical amendments (a) Title 46 table of chapters The table of chapters for subtitle II is amended by adding at the end the following: PART L—Office of Maritime Consumer Protection 161. Office of Maritime Consumer Protection 16101 . (b) Table of sections The table of sections at the beginning of chapter 161, as added by section 101 of this Act, is further amended by adding at the end the following: 16106. Assistance to victims of crimes on board certain passenger vessels. . II Cruise vessel passenger improvements 201. Cruise vessel chapter organization, application, and definitions (a) Subchapter organization Chapter 35 is amended— (1) by inserting before section 3501 the following: I General provisions ; (2) by inserting before section 3507 the following: II Cruise vessels ; and (3) by redesignating sections 3507, 3508, 3509, and 3510 as sections 3523, 3524, 3525, and 3526, respectively. (b) Application Chapter 35, as amended by subsection (a), is further amended by inserting before section 3523 the following: 3521. Application (a) In general This subchapter applies to a passenger vessel that— (1) is authorized to carry at least 250 passengers; (2) has onboard sleeping facilities for each passenger; and (3) is on a voyage that embarks or disembarks passengers in the United States. (b) Federal and State vessels Notwithstanding subsection (a), this subchapter does not apply to— (1) a vessel of the United States operated by the Federal Government; or (2) a vessel owned and operated by a State. . (c) Definitions Chapter 35, as amended by subsections (a) and (b), is further amended by inserting after section 3521, as added by subsection (b), the following: 3522. Definitions In this subchapter: (1) Exterior deck The term exterior deck means any exterior weather deck on which a passenger may be present, including passenger stateroom balconies, exterior promenades on passenger decks, muster stations, and similar exterior weather deck areas. (2) Owner The term owner means the owner, charterer, managing operator, master, or other individual in charge of a vessel. (3) Applicable passenger The term applicable passenger means a passenger carried on a passenger vessel who is a citizen of the United States. (4) Physician The term physician means a doctor of medicine or doctor of osteopathic medicine who— (A) has at least 3 years of post-graduate, post-registration experience in general and emergency medicine; or (B) is certified by the American Board of Medical Specialties, or any other certifying body designated by the Secretary, in emergency medicine, family medicine, or internal medicine. (5) Qualified medical staff member The term qualified medical staff member means a medical professional certified in advanced cardiovascular life support and advanced trauma life support training. . 202. Crime reporting and public notice (a) Availability of log book and entries to FBI and other investigators Section 3523(g)(1), as redesignated under section 201(a)(3) of this Act, is amended— (1) in subparagraph (A), by striking in a centralized location readily accessible to law enforcement personnel, ; and (2) in subparagraph (B), by striking make such log book available and inserting make available the log book described in subparagraph (A), the Captain’s log, the security log, the engine room log, all other logs, and all entries of the log books or logs described in this subparagraph, without regard as to whether the log book, logs, or entries are maintained on board the vessel or at a centralized location off the vessel, . (b) Deadline To notify Federal Bureau of Investigation regarding certain incidents Section 3523(g)(3), as redesignated under section 201(a)(3) of this Act, is amended— (1) in subparagraph (A)(i)— (A) by striking shall contact and inserting subject to subparagraph (C), shall contact ; and (B) 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 ; and (2) in subparagraph (B)(i), by striking admiralty and maritime jurisdiction of the United States and outside the jurisdiction of any State and inserting special maritime and territorial jurisdiction of the United States, as defined in section 7 of title 18, . (c) Crime reporting guidelines Section 3523(g)(1)(A), as redesignated under section 201(a)(3) of this Act and amended by subsection (a), is further amended— (1) in clause (i), by striking the comma at the end and inserting a semicolon; (2) in clause (ii), by striking , and and inserting a semicolon; (3) in clause (iii), by striking the comma at the end and inserting ; and ; and (4) by inserting after clause (iii) the following: (iv) any other criminal offenses reported to the Federal Bureau of Investigation through the Uniform Crime Reporting Program, . (d) Reports before departure Section 3523(g)(3), as redesignated under section 201(a)(3) of this Act, is amended by adding at the end the following: (C) Reports before departure If an employee of a vessel to which this subchapter applies is notified of an incident under subparagraph (A)(i) while the vessel is within the special maritime and territorial jurisdiction of the United States, as defined in section 7 of title 18, and en route to a United States port or at a United States port, the owner of the vessel (or the owner's designee) shall contact the nearest Federal Bureau of Investigation Field Office or Legal Attaché not later than the time specified under subparagraph (A)(i) or before the vessel departs port, whichever is earlier. . (e) Reports to United States consulates Section 3523(g)(3), as amended by subsection (d), is further amended by adding at the end the following: (D) Reports to United States consulates If an incident described in subparagraph (A)(i) allegedly involves an offense by or against a United States national, in addition to contacting the nearest Federal Bureau of Investigation Field Office or Legal Attaché under that subparagraph, the owner of a vessel to which this subchapter applies (or the owner's designee) shall contact the United States consulate at the next port of call as soon as possible, but not later than 4 hours after arrival at the port. . (f) Reports to Secretary of Transportation; incidents and details Section 3523(g)(3)(A), as amended by subsection (b), is further amended— (1) in clause (ii), by striking to the Internet website maintained by the Secretary of Transportation under paragraph (4)(A) and inserting , including the details under paragraph (2), to the Internet website maintained by the Secretary of Transportation under section 16106(i) ; and (2) in clause (iii), by striking under paragraph (4)(A) and inserting under section 16106(i) . (g) Availability of security guide via Internet Section 3523(c)(1), as redesignated under section 201(a)(3) of this Act, is amended— (1) in subparagraph (A)— (A) by striking a guide (referred to in this subsection as the security guide ) and inserting a security guide ; and (B) by striking English, which and inserting English, that ; and (2) in subparagraph (C), by striking on the website of the vessel owner and inserting through a prominently accessible link on each Internet website that the vessel owner maintains for applicable passengers to purchase or book passage on a passenger vessel . (h) Reporting requirements Section 3523, as redesignated under section 201(a)(3) of this Act, is further amended— (1) by striking subsections (k) and (l); (2) by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and (3) by inserting after subsection (h) the following: (i) Reporting requirements (1) Provision to State fusion centers (A) In general Any records (including electronic records), information, or written documentation provided to any source under subsection (g) shall also be provided to the State fusion center (as described in section 210A of the Homeland Security Act of 2002 ( 6 U.S.C. 124h )) for the State in which the applicable port described in subparagraph (B) is located. (B) Applicable port For purposes of this paragraph, the applicable port shall be the port from which a vessel originally embarks or the port at which the vessel disembarks, whichever port is nearest when the alleged incident occurs. (2) Effect on other reporting requirements Requirements under this subsection supplement and do not amend, or serve as a substitute for, the reporting requirements of section 10104 of this title or any other provision of law. . 203. Crime prevention, documentation, and response requirements (a) Maintenance and placement of video surveillance equipment Section 3523(b)(1)(B), as redesignated under section 201(a)(3) of this Act, is amended— (1) in subclause (II) of clause (ii), by striking to the maximum extent practicable ; (2) by redesignating subclause (IV) of clause (ii) as clause (iii), and adjusting the margins appropriately; (3) by inserting after subclause (III) of clause (ii) the following: (IV) incorporate the feedback and suggestions from the results of the independent third party risk assessment to provide optimum surveillance that complies with the guidance from the Commandant. ; and (4) in clause (iii), as redesignated by paragraph (2), by striking the independent party referred to in paragraph (C) and inserting the following: Independent third party .—The independent party referred to in clause (ii)(III) . (b) Access to video records Section 3523(b)(3)(B), as redesignated under section 201(a)(3) of this Act, is further amended— (1) in the matter preceding clause (i), by striking Except as proscribed by law enforcement authorities or court order, the and inserting The ; and (2) in clause (ii), by striking of any sexual assault incident . (c) Notice of video surveillance Section 3523(b)(2), as redesignated under section 201(a)(3) of this Act, is further amended by striking this section applies and inserting this subchapter applies . (d) Retention requirements Section 3523(b)(4), as redesignated under section 201(a)(3) of this Act, is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins appropriately; (2) by striking The owner of a vessel to which this section applies and inserting the following: (A) In general The owner of a vessel to which this subchapter applies ; (3) by striking 20 days after the footage is obtained and inserting 1 year after completion of the voyage ; (4) in clause (ii) of subparagraph (A), as redesignated by this subsection, by striking 4 years and inserting 5 years ; and (5) by adding at the end the following: (B) Interim standards Not later than 180 days after the date of enactment of the Cruise Passenger Protection Act of 2024 , the Commandant, in consultation with the Federal Bureau 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 of 2024 , the Commandant, in consultation with the Federal Bureau of Investigation, 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— (i) consider factors that would aid in the investigation of serious crimes, including crimes that go unreported until after the completion of a voyage; (ii) consider the different types of video surveillance systems and storage requirements in creating standards both for vessels currently in operation and for vessels 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 advancements, including requirements to update technology. . (e) Technology detecting passengers who have fallen overboard requirement Section 3523(a)(1)(D), as redesignated under section 201(a)(3) of this Act, is amended by striking or detecting passengers who have fallen overboard, and inserting and detecting passengers who have fallen overboard, as certified by an independent third party accepted by a classification society that is a member of the International Association of Classification Societies or another classification society recognized by the Secretary pursuant to section 3316(b) of this title, . (f) Criminal activity prevention and response guide Section 3523(c)(1), as amended by section 202(g) of this Act, is further amended— (1) in subparagraph (A)— (A) by redesignating clause (ii) as clause (vi); (B) by inserting after clause (i) the following: (ii) describes the availability of support services under section 16106, including any contact information provided by the Secretary of Transportation or director of victim support services under that section; (iii) includes the summary of rights under section 16106(e); (iv) includes the summary under section 16104(a); (v) includes the toll-free hotline telephone number and consumer complaints Internet website link under section 16104(b); ; (C) in clause (vi), as redesignated, by inserting and at the end; and (D) by adding at the end the following: (vii) includes such other information as the Secretary of Transportation recommends under section 16106(b)(3)(F); ; (2) by amending subparagraph (B) to read as follows: (B) provide a copy of the security guide to— (i) the Secretary of Transportation for review; and (ii) the Federal Bureau of Investigation for comment; ; (3) by redesignating subparagraph (C) as subparagraph (D); and (4) by inserting after subparagraph (B) the following: (C) immediately after the vessel is notified that a passenger is an alleged victim of an incident described under subsection (g)(3)(A)— (i) provide the passenger with a copy of the security guide; and (ii) inform the passenger that the passenger has the right to notify the Federal Bureau of Investigation that the passenger has been a victim of a crime on a passenger vessel; and . (g) Maintenance of supplies To prevent sexually transmitted diseases Section 3523(d)(1), as redesignated by section 201(a)(3) of this Act, is 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 assault . (h) Sexual assault; contact information Section 3523(d)(5)(A), as redesignated by section 201(a)(3) of this Act, is amended by striking the United States Coast Guard, . (i) Sexual assault; private telephone line Section 3523(d)(5)(B), as redesignated by section 201(a)(3) of this Act, is amended by inserting under section 16106 or after the information and support services available . (j) Crime scene preservation training Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall— (1) promulgate a rule establishing the standards and curricula to allow for the certification of passenger vessel security personnel, crewmembers, and law enforcement officials on the appropriate methods for prevention, detection, evidence preservation, and reporting of criminal activities in the international maritime environment, as required under subsection (a) of section 3524 of title 46, United States Code (as redesignated by section 201(a)(3) of this Act); and (2) publish the rule and the most recent curricula described in paragraph (1) on the website of the department. (k) Crew access to passenger staterooms; procedures and restrictions Section 3523(f)(2), as redesignated by section 201(a)(3) of this Act, is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking and at the end; and (B) by inserting after subparagraph (B) the following: (C) a system that electronically records the date, time, and identity of each crew member accessing each passenger stateroom; and ; and (2) by striking paragraph (2) and inserting the following: (2) ensure that the procedures and restrictions are— (A) fully and properly implemented; (B) reviewed annually; and (C) updated as necessary. . (l) Requirements for reporting Subsection (i) of section 3523, as added by section 202(h) of this Act, is further amended by adding at the end the following: (3) Applicability of requirements Any reporting requirement under this section relating to an incident specified in subsection (g)(3)(A)(i) is required without regard as to whether the Federal Bureau of Investigation has opened a formal investigation relating to the incident. . 204. Passenger vessel security and safety requirements (a) Vessel design, equipment, construction, and retrofitting requirements Section 3523(a), as redesignated by section 201(a)(3) of this Act, is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking to which this subsection applies and inserting to which this subchapter applies ; (B) in subparagraph (A)— (i) by striking The vessel and inserting Each exterior deck of a vessel ; and (ii) by inserting unless the height requirement would interfere with the deployment of a lifesaving device or other emergency equipment as identified by the Commandant before the period at the end; (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 unobstructed view of the area outside the stateroom or crew cabin. For purposes of this subparagraph, the addition of an optional privacy cover on the interior side of the entry shall not in and of itself constitute an obstruction. ; and (D) in subparagraph (E), by striking when operating in high risk areas (as defined by the United States Coast Guard) ; and (2) by adding at the end the following: (3) Waivers; record of waivers The Secretary— (A) may waive a requirement under paragraph (1) as the Secretary determines necessary; (B) shall maintain a record of each waiver under subparagraph (A); and (C) shall include in such record the justification for the waiver. . (b) Medical standards (1) Medical standards Section 3525, as redesignated by section 201(a)(3) of this Act, is amended— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (B) by inserting after paragraph (1) the following: (2) there are a sufficient number of qualified medical staff members on the vessel to treat the number of passengers who may be on board the vessel, as determined by regulation by the Secretary, in consultation with the Secretary of Health and Human Services; ; (C) in paragraph (3), as redesignated by subparagraph (A), by striking ; and and inserting or any successor standard; ; (D) in paragraph (4), as redesignated by subparagraph (A)— (i) in subparagraph (A), by striking and after the semicolon; (ii) in subparagraph (B), by striking the period and inserting a semicolon; and (iii) by adding at the end the following: (C) the location and proper use of automated external defibrillators; and (D) the proper way to report an incident or to seek security assistance in the event of a medical emergency; ; and (E) by adding at the end the following: (5) if a United States citizen dies on board the vessel and the citizen’s next of kin requests that the citizen’s body return to the United States on the vessel— (A) such request is granted— (i) unless— (I) the vessel comes within the domestic jurisdiction of a country that requires human remains to be removed from a vessel or requires human remains to undergo post-mortem offshore autopsy; or (II) the vessel is scheduled to enter the domestic jurisdiction of such a country as part of the scheduled voyage; and (ii) except that, in cases in which the vessel is not scheduled to return to a United States port for 21 or more days after the citizen's death, arrangements may be made to return the body on a different appropriate vessel; and (B) the owner of the vessel pays for any transportation costs related to the return; (6) every crew member on the vessel has received basic life support training and is certified in cardiopulmonary resuscitation; and (7) every passenger-facing crew member on a vessel leaving from or en route to a United States port of call has a basic understanding of the English language, including— (A) at least a Basic score on the Test of English as a Foreign Language for both listening and speaking; (B) at least a 4 Skill Level score on the International English Language Testing System for both listening and speaking; or (C) at least a basic level of proficiency for listening and speaking on another test of the English Language designated by the Secretary. . (2) Effective date The amendments made by paragraph (1) shall take effect on the date that is 180 days after the date of enactment of this Act. 205. Enforcement (a) Penalties for Violation of Passenger Vessel Security and Safety Requirements Section 3523(h)(1)(A), as redesignated by section 201(a)(3) of this Act, is amended by striking , except that and all that follows through $50,000 . (b) Information sharing Subchapter II of chapter 35, as amended by this Act, is further amended by adding at the end the following: 3527. Information sharing (a) 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 agency any information necessary to carry out the provisions of this subchapter. The provision by the head of a designated agency of any information under this section to another head of a designated agency shall not constitute a waiver of, or otherwise effect, any privilege any agency or person may claim with respect to that information under Federal or State law. (b) Definition of head of a designated agency In this section, the term head of a designated agency means the Secretary of Transportation, the Secretary of Homeland Security, or the Attorney General. . (c) Enforcement Subchapter II of chapter 35, as amended by this Act, is further amended by adding at the end the following: 3528. Refusal of clearance; denial of entry (a) Clearance The Secretary of Homeland Security 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 chapter 161; or (2) fails to pay a penalty imposed on the owner under this subchapter or chapter 161. (b) Denial of entry The Secretary of the department in which the Coast Guard is operating may deny entry into the United States to a vessel to which this subchapter applies if it is made aware by the Secretary of the Department of Transportation or the Attorney General that the owner of the vessel— (1) commits an act or omission for which a penalty may be imposed under this subchapter or chapter 161; or (2) fails to pay a penalty imposed on the owner under this subchapter or chapter 161. . 206. Technical and conforming amendments (a) Application Chapter 35, as amended by this Act, is further amended— (1) in section 3523, by striking to which this section applies each place such phrase appears and inserting to which this subchapter applies ; (2) in section 3524, by striking to which this section applies each place such phrase appears and inserting to which this subchapter applies ; (3) in section 3525, by striking to which section 3507 applies and inserting to which this subchapter applies ; and (4) in section 3526— (A) by striking to which section 3507 applies and inserting to which this subchapter applies ; (B) by striking (a) Automated external defibrillators .— ; and (C) by striking subsection (b). (b) Availability of incident data via Internet Section 3523(g), as redesignated under section 201(a)(3) of this Act, is amended by striking paragraph (4). (c) Reporting requirements Section 8440(c)(2) of the William M. (Mac) Thornberry National Defense Authorization Act of 2021 is amended by striking 3507 of title 46, United States Code and inserting 3523 of title 46, United States Code (designated as section 3507 of such title before the date of enactment of the Cruise Passenger Protection Act of 2024 ), . (d) Table of contents The table of sections for chapter 35 is amended— (1) by inserting before the item relating to section 3501 the following: Subchapter I–General provisions ; (2) by inserting after the item relating to section 3506 the following: Subchapter II–Cruise vessels ; and (3) by striking the items relating to sections 3507, 3508, 3509, and 3510 and inserting the following: 3521. Application. 3522. Definitions. 3523. Passenger vessel security and safety requirements. 3524. Crime scene preservation training for passenger vessel crewmembers. 3525. Medical standards. 3526. Additional medical and safety standards. 3527. Information sharing. 3528. Refusal of clearance; denial of entry. . 207. Limitations in certain cases (a) In general Section 30307 is amended— (1) in the section heading, by striking Commercial aviation accidents and inserting Limitations in certain cases ; (2) by striking subsection (a) and inserting the following: (a) Definitions In this section, the following definitions apply: (1) Cruise ship The term cruise ship means a passenger vessel, other than a vessel of the United States operated by the Federal Government or a vessel owned and operated by a State, that— (A) is authorized to carry at least 250 passengers; (B) has onboard sleeping facilities for each passenger; and (C) is on a voyage that embarks or disembarks passengers in the United States. (2) Nonpecuniary damages The term nonpecuniary damages means damages for pre-death pain and suffering and for loss of care, comfort, and companionship. ; (3) in subsection (b), by inserting , or cruise ship voyage, after commercial aviation accident ; and (4) in subsection (c), by inserting , or cruise ship voyage, after commercial aviation accident . (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. .