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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Cruise Vessel Consumer 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 following:

''CHAPTER 807--CRUISE VESSEL PASSENGER PROTECTIONS

''Sec.
''80701. Unfair or deceptive practices and unfair methods of
competition.
''80702. Reimbursement for delays.
''80703. Customer service plans.
''80704. Passenger complaints.
''80705. Report.
''80706. Authorization of fees.
''80707. Definitions.
''Sec. 80701. Unfair or deceptive practices and unfair methods of
competition
''(a) In General.--The Federal Maritime Commission may investigate
an action by an owner of a cruise vessel relating to the sale of a
ticket for passenger travel on a cruise vessel to determine if such
action is--
''(1) an unfair or deceptive practice; or
''(2) an unfair method of competition.
''(b) Origination of Investigations.--The Commission may conduct an
investigation under subsection (a) on the initiative of the Commission
or upon receiving a complaint submitted to the Commission.
''(c) Enforcement.--
''(1) In general.--If the Commission determines that an
action is an unfair or deceptive practice or an unfair method
of competition under this section, the Commission, after notice
and an opportunity for a hearing--
''(A) shall order the owner of a cruise vessel
carrying out such action to cease such action; 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 violation shall be treated as
a separate violation.
''(d) Disclosure Requirements.--
''(1) In general.--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 passenger travel on
a cruise vessel to fail to disclose, 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 vessel,
including an identification of all man overboard
instances;
''(C) a list of all complaints of crimes committed
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 regard to investigative status,
which shall indicate, for each complaint--
''(i) whether a crew member was involved;
''(ii) whether a passenger was involved;
and
''(iii) whether a minor was involved;
''(D) the number of gastric illness outbreaks on
the cruise vessel for which the Centers for Disease
Control and Prevention required--
''(i) reporting of an outbreak to the
Centers; or
''(ii) quarantining more than 10
passengers;
''(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 investigations 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, including taxes
and fees relating to ports of call;
''(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 passenger travel on a cruise
vessel through an Internet Web site to require that the ticket
purchaser provide a printed 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.
''Sec. 80702. Reimbursement for delays
''(a) In General.--The Federal Maritime Commission 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 vessel
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
passenger; 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 appropriate exceptions for delays that
are the result of an unforeseeable event and are not related to a
mechanical failure, including--
''(1) inclement weather;
''(2) political unrest;
''(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 passenger 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.
''Sec. 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 cancellations;
''(4) properly accommodating passengers with disabilities
or special needs;
''(5) ensuring responsiveness to passenger complaints;
''(6) notifying passengers in a timely manner of changes to
planned itineraries or ports of call; and
''(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 subsection (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 necessary.
''(d) Timing.--
''(1) Initial submission of plans.--An owner of a cruise
vessel shall submit a plan under subsection (a) with respect to
the vessel--
''(A) if the vessel is owned or operated by the
owner on the date of enactment of this section, not
later than 120 days after such date of enactment; and
''(B) if ownership or operation of the vessel is
acquired by the owner after the date of enactment of
this section, not later than 120 days after the date of
such acquisition.
''(2) Review of plans.--The Commission shall determine the
completeness of each plan submitted to the Commission under
subsection (a) not later than 120 days after receiving such
plan.
''(e) Updates.--The Commission may periodically review plans
submitted under subsection (a) for completeness and require updates of
such plans as the Commission determines necessary.
''(f) Guidance.--Not later than 90 days after the date of enactment
of this section, the Commission shall issue guidance with respect to
the plans required under this section, which shall include information
regarding--
''(1) plan elements and the requirements for each of those
elements; and
''(2) filing of the plans, including contact information.
''(g) Enforcement.--
''(1) In general.--The Commission may impose, after notice
and an opportunity for a hearing, on any owner of a cruise
vessel who violates this section 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.
''Sec. 80704. Passenger complaints
''(a) In General.--The Federal Maritime Commission shall establish
a process for cruise vessel passengers to report to the Commission
complaints relating to subjects addressed under this chapter, which
shall include a telephone number, an email address, and other
appropriate electronic means for complaint submission.
''(b) Notice.--The Commission shall notify the public and require
cruise vessel owners to notify passengers of the process established
under subsection (a).
''Sec. 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.
''Sec. 80706. Authorization of fees
''(a) In General.--The Federal Maritime Commission may establish,
adjust, and collect fees in cruise vessel ticket prices to fund the
implementation of this chapter.
''(b) Relationship to Costs.--The Federal Maritime 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 following 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 the processes and
procedures applied by the Commission 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 provided by the Federal Maritime Commission
under this chapter and the facilities and equipment used in providing
such services.
''Sec. 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 'mechanical failure'
means, with respect to a cruise vessel, 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.
''(3) Owner.--The term 'owner' means, with respect to a
cruise vessel, the owner, charterer, managing operator, master,
or other individual in charge of the vessel.''.
(b) Clerical Amendment.--The analysis for subtitle VIII of title
46, United States Code, is amended by adding after the item relating to
chapter 805 the following:

''807. Cruise Vessel Passenger Protections......... 80701''.
(c) Rule of Construction.--Nothing in this section, 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.
A:
Cruise Vessel Consumer Confidence Act of 2013 - Amends federal shipping law to authorize the Federal Maritime Commission (FMC) to investigate, on its own initiative or upon receiving a complaint, whether the sale of a ticket to a cruise vessel passenger by a cruise vessel owner is: (1) an unfair or deceptive practice, or (2) an unfair method of competition. Requires the FMC, in cases of an affirmative determination, to order the owner to cease such sales. Authorizes the FMC to impose a civil penalty of up to $25,000 for owners who violate such orders. Makes it an unfair or deceptive practice for an owner that fails to make certain written disclosures before offering to sell a ticket to a passenger. Makes it an unfair or deceptive practice for an owner offering to sell a ticket to a passenger via the Internet (electronic ticket) to require that the ticket purchaser provide a printed version of that ticket if the purchaser is able to provide appropriate identification at the time of travel. Directs the FMC to establish a process to ensure that a passenger with a ticket for a vessel whose initial departure or final disembarkment is delayed for more than 24 hours is reimbursed by the owner in an amount that is equal to: (1) the lesser of half the ticket price or $500, if the delay is between 24 and 48 hours; or (2) the full price of the ticket, if the delay is 48 hours or more. Requires a cruise vessel owner to: (1) submit a customer service plan to the FMC, (2) incorporate it into the ticket contract of that owner, and (3) make both of them easily available on the owner's website. Directs the FMC to establish a process for passengers to report complaints to the FMC. Authorizes the FMC to establish, adjust, and collect fees in ticket prices to fund implementation of this Act.