,i #aacth ,,congress #ast ,session ,h4 ,r4 #cdge ,,in ,,the ,,house ,,of ,,representatives ,november #ac1 #bjac,mr4 ,garamendi 7for himself and ,ms4 ,matsui7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to amend title #df1 ,united ,states ,code1 to provide protections for cruise vessel passengers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,cruise ,vessel ,consumer ,confidence ,act of #bjac4 #b4 ,cruise vessel passenger protections 7a7 ,in general ,subtitle ,,viii of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #hjg ,cruise vessel passenger protections ,sec4#hjgja4 ,unfair or deceptive practices and unfair methods of competition4#hjgjb4 ,reimbursement for delays4#hjgjc4 ,customer service plans4#hjgjd4 ,passenger complaints4#hjgje4 ,report4#hjgjf4 ,authorization of fees4#hjgjg4 ,definitions4 #hjgja4 ,unfair or deceptive practices and unfair methods of competition 7a7 ,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-- 7#a7 an unfair or deceptive practice2 or 7#b7 an unfair method of competition4 7b7 ,origination of investigations ,the ,commission may conduct an investigation under subsection 7a7 on the initiative of the ,commission or upon receiving a complaint submitted to the ,commission4 7c7 ,enforcement 7#a7 ,in general ,if the ,commission determines that an action is an unfair or deceptive practice or an unfair method of competition under this section1 the ,commission1 after notice and an opportunity for a hearing-- 7,a7 shall order the owner of a cruise vessel carrying out such action to cease such action2 and 7,b7 if such owner violates the order under subparagraph 7,a71 may impose on such owner a civil penalty of not more than #be1jjj4 7#b7 ,continuing violations ,for purposes of paragraph 7#a77;,b71 each day of a continuing violation shall be treated as a separate violation4 7d7 ,disclosure requirements 7#a7 ,in general ,it shall be an unfair or deceptive practice for purposes of subsection 7a7 for any owner of a cruise vessel offering to sell a ticket for passenger travel on a cruise vessel to fail to disclose1 in writing1 prior to such offer-- 7,a7 the name of the cruise vessel on which the travel will take place2 7,b7 the casualty history of the cruise vessel1 including an identification of all man overboard instances2 7,c7 a list of all complaints of crimes committed on any voyage of the cruise vessel that embarked or disembarked passengers in the ,united ,states1 including all incidents reported to the ,federal ,bureau of ,investigation without regard to investigative status1 which shall indicate1 for each complaint-- 7i7 whether a crew member was involved2 7ii7 whether a passenger was involved2 and 7iii7 whether a minor was involved2 7,d7 the number of gastric illness outbreaks on the cruise vessel for which the ,centers for ,disease ,control and ,prevention required-- 7i7 reporting of an outbreak to the ,centers2 or 7ii7 quarantining more than #aj passengers2 7,e7 the number and length of delays of the cruise vessel due to mechanical failures2 7,f7 the country under the laws of which the cruise vessel is documented2 7,g7 where criminal and civil investigations and proceedings will be held for incidents that occur outside of ,united ,states waters2 7,h7 a statement of whether the ticket price includes all applicable taxes and fees1 including taxes and fees relating to ports of call2 7,i7 an estimate of all applicable taxes and fees1 including taxes and fees relating to ports of call2 7,j7 any other material condition of the travel determined appropriate for disclosure by the ,commission2 and 7,k7 instructions to passengers on how to file complaints with the ,commission regarding the cruise vessel and any violations of this chapter4 7#b7 ,internet offers ,in the case of an offer to sell tickets for passenger travel on a cruise vessel through an ,internet ,web site1 disclosure of the information required under paragraph 7#a7 shall be-- 7,a7 provided on the first display of the ,web site that follows a search of a requested itinerary2 and 7,b7 in a format that is easily visible to a viewer4 7e7 ,electronic tickets ,it shall be an unfair or deceptive practice for purposes of subsection 7a7 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 travel4 #hjgjb4 ,reimbursement for delays 7a7 ,in general ,the ,federal ,maritime ,commission shall establish a process to ensure that1 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 #bd hours1 a passenger with a ticket for the vessel subject to such delay is reimbursed by an owner of the vessel in an amount that-- 7#a7 if the delay is more than #bd hours but less than #dh hours1 is equal to the lesser of-- 7,a7 half the price of the ticket of the passenger2 or 7,b7 #ejj2 or 7#b7 if the delay is #dh hours or more1 is equal to the price of the ticket of the passenger4 7b7 ,exceptions ,the ,commission shall ensure that the process under subsection 7a7 establishes appropriate exceptions for delays that are the result of an unforeseeable event and are not related to a mechanical failure1 including-- 7#a7 inclement weather2 7#b7 political unrest2 7#c7 piracy2 or 7#d7 an action necessary to preserve the safety of passengers4 7c7 ,enforcement ,if the ,commission determines that an owner of a cruise vessel failed to reimburse a passenger as required under this section1 the ,commission1 after notice and an opportunity for a hearing1 may impose on such person a civil penalty of not more than #be1jjj4 #hjgjc4 ,customer service plans 7a7 ,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-- 7#a7 appropriately notifying passengers of delays and cancellations2 7#b7 ensuring transparent cancellation policies2 7#c7 issuing prompt ticket refunds after cancellations2 7#d7 properly accommodating passengers with disabilities or special needs2 7#e7 ensuring responsiveness to passenger complaints2 7#f7 notifying passengers in a timely manner of changes to planned itineraries or ports of call2 and 7#g7 meeting the essential needs of passengers during lengthy delays1 including by providing access to-- 7,a7 adequate food and potable water2 7,b7 adequate restroom facilities2 7,c7 electrical power2 7,d7 real-time updates with respect to the delay2 7,e7 cabin ventilation and comfortable cabin temperatures2 and 7,f7 necessary medical treatment4 7b7 ,ticket contracts 7#a7 ,incorporation ,an owner of a cruise vessel shall incorporate the plan submitted under subsection 7a7 into the ticket contract of that owner4 7#b7 ,availability on ,internet ,an owner of a cruise vessel shall make the ticket contract of that owner1 including the plan submitted under subsection 7a71 available on the ,web site of that owner in an easily accessible form4 7c7 ,review ,the ,commission shall review each plan submitted under subsection 7a7 to determine if such plan is complete and may require modifications of that plan for completeness as the ,commission determines necessary4 7d7 ,timing 7#a7 ,initial submission of plans ,an owner of a cruise vessel shall submit a plan under subsection 7a7 with respect to the vessel-- 7,a7 if the vessel is owned or operated by the owner on the date of enactment of this section1 not later than #abj days after such date of enactment2 and 7,b7 if ownership or operation of the vessel is acquired by the owner after the date of enactment of this section1 not later than #abj days after the date of such acquisition4 7#b7 ,review of plans ,the ,commission shall determine the completeness of each plan submitted to the ,commission under subsection 7a7 not later than #abj days after receiving such plan4 7e7 ,updates ,the ,commission may periodically review plans submitted under subsection 7a7 for completeness and require updates of such plans as the ,commission determines necessary4 7f7 ,guidance ,not later than #ij days after the date of enactment of this section1 the ,commission shall issue guidance with respect to the plans required under this section1 which shall include information regarding-- 7#a7 plan elements and the requirements for each of those elements2 and 7#b7 filing of the plans1 including contact information4 7g7 ,enforcement 7#a7 ,in general ,the ,commission may impose1 after notice and an opportunity for a hearing1 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 section1 a civil penalty of not more than #be1jjj4 7#b7 ,continuing violations ,for purposes of paragraph 7#a71 each day of a continuing violation shall be treated as a separate violation4 #hjgjd4 ,passenger complaints 7a7 ,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 chapter1 which shall include a telephone number1 an email address1 and other appropriate electronic means for complaint submission4 7b7 ,notice ,the ,commission shall notify the public and require cruise vessel owners to notify passengers of the process established under subsection 7a74 #hjgje4 ,report ,not later than #c years after the date of enactment of this section1 and every #c years thereafter1 the ,federal ,maritime ,commission shall submit to ,congress a report on the implementation of this chapter by the ,commission1 including any penalties imposed under this chapter4 #hjgjf4 ,authorization of fees 7a7 ,in general ,the ,federal ,maritime ,commission may establish1 adjust1 and collect fees in cruise vessel ticket prices to fund the implementation of this chapter4 7b7 ,relationship to costs ,the ,federal ,maritime ,commission shall ensure that fees under subsection 7a7 are reasonably related to the costs incurred by the ,commission in implementing this chapter4 7c7 ,limitations on judicial review ,the following shall not be subject to judicial review3 7#a7 ,the establishment or adjustment of a fee by the ,commission under this section4 7#b7 ,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 determination4 7#c7 ,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 allocation4 7d7 ,costs defined ,in this section1 the term costs includes operation and maintenance costs1 leasing costs1 and overhead expenses associated with services provided by the ,federal ,maritime ,commission under this chapter and the facilities and equipment used in providing such services4 #hjgjg4 ,definitions ,in this chapter1 the following definitions apply3 7#a7 ,cruise vessel ,the term cruise vessel means a passenger vessel 7as defined in section #baja7bb77 that-- 7,a7 is authorized to carry at least #bej passengers2 7,b7 has onboard sleeping facilities for each passenger2 and 7,c7 is used for voyages that embark or disembark passengers in the ,united ,states4 7#b7 ,mechanical failure ,the term mechanical failure means1 with respect to a cruise vessel1 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 normal4 7#c7 ,owner ,the term owner means1 with respect to a cruise vessel1 the owner1 charterer1 managing operator1 master1 or other individual in charge of the vessel4 4 7b7 ,clerical amendment ,the analysis for subtitle ,,viii of title #df1 ,united ,states ,code1 is amended by adding after the item relating to chapter #hje the following3 #hjg4 ,cruise ,vessel ,passenger ,protections #hjgja 4 7c7 ,rule of construction ,nothing in this section1 including any amendment made in this section1 may be construed to eliminate or replace authority provided to a department or agency under other ,federal or ,state law4