,,ii #aafth ,,congress #ast ,session ,s4 #cabd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ai1 #bjai,mr4 ,blumenthal 7for himself and ,mr4 ,markey7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to improve passenger vessel security and safety1 and for other purposes4 #a4 ,short title 7a7 ,short title ,this ,act may be cited as the ,cruise ,passenger ,protection ,act of #bjai4 7b7 ,references to title #df1 ,united ,states ,code ,except as otherwise expressly provided1 wherever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of title #df1 ,united ,states ,code4 #b4 ,cruise vessel subchapter ,chapter #ce is amended-- 7#a7 by inserting before section #ceja the following3 ,i ,general provisions 2 7#b7 by inserting before section #cejg the following3 ,,ii ,cruise vessels 2 and 7#c7 by redesignating sections #cejg and #cejh as sections #cebc and #cebd1 respectively4 #c4 ,application ,chapter #ce1 as amended by section #b of this ,act1 is further amended by inserting before section #cebc the following3 #ceba4 ,application 7a7 ,in general ,this subchapter applies to a vessel that-- 7#a7 is authorized to carry at least #bej passengers2 7#b7 has onboard sleeping facilities for each passenger2 7#c7 is on a voyage that embarks or disembarks passengers in the ,united ,states2 and 7#d7 is not engaged on a coastwise voyage4 7b7 ,federal and ,state vessels ,this subchapter does not apply to-- 7#a7 a vessel of the ,united ,states operated by the ,federal ,government2 or 7#b7 a vessel owned and operated by a ,state4 4 #d4 ,definitions ,chapter #ce1 as amended by sections #b and #c of this ,act1 is further amended by inserting after section #ceba1 as added by section #c1 the following3 #cebb4 ,definitions ,in this subchapter3 7#a7 ,exterior deck ,the term exterior deck means any exterior weather deck on which a passenger may be present1 including passenger stateroom balconies1 exterior promenades on passenger decks1 muster stations1 and similar exterior weather deck areas4 7#b7 ,key terms ,the term key terms includes terms related to undisclosed costs and fees1 indemnification1 waivers1 limitations on liability1 notice of claim and actions1 time limitations1 arbitration1 forum1 and jurisdiction4 7#c7 ,owner ,the term owner means the owner1 charterer1 managing operator1 master1 or other individual in charge of a vessel4 7#d7 ,passage contract ,the term passage contract means a binding agreement for passage on a passenger vessel4 7#e7 ,passenger ,notwithstanding section #baja of this title1 the term passenger means a citizen of the ,united ,states carried on a passenger vessel4 7#f7 ,passenger vessel ,the term passenger vessel means a passenger vessel to which this subchapter applies4 4 #e4 ,passenger vessel consumer service improvements 7a7 ,in general ,chapter #ce1 as amended by this ,act1 is further amended by adding at the end the following3 #cebe4 ,passenger vessel consumer service improvements 7a7 ,passage contracts 7#a7 ,in general ,not later than #a year after the date of enactment of the ,cruise ,passenger ,protection ,act of #bjai1 the ,secretary of ,transportation shall develop standards for use by an owner of a passenger vessel to provide a prospective passenger with a summary that highlights key terms in the passage contract and before such terms are binding4 ,in developing the standards1 the ,secretary of ,transportation may consult with other ,federal agencies1 persons with expertise on admiralty and maritime law1 consumer advocates1 industry representatives1 and such other persons as the ,secretary of ,transportation considers necessary4 7#b7 ,statute of limitations ,the statute of limitations for filing a lawsuit against the owner of a passenger vessel1 which shall not be shorter than #c years1 shall be clearly identified in the passage contract described in paragraph 7#a74 7#c7 ,recommendations ,the standards developed under paragraph 7#a7 shall include recommendations regarding-- 7,a7 style1 formatting1 and placement that ensures that the summary is conspicuous2 and 7,b7 terminology that ensures that the summary is-- 7i7 clear1 unambiguous1 and unmistakable2 and 7ii7 to the greatest extent possible1 uniform1 concise1 and not complex4 7#d7 ,periodic review ,the ,secretary of ,transportation shall periodically review and update1 as appropriate1 the standards developed under paragraph 7#a74 7#e7 ,requirements ,beginning on the date that is #ahj days after the date on which the standards are developed under paragraph 7#a71 an owner of a passenger vessel shall-- 7,a7 provide each prospective passenger with a summary in accordance with those standards2 7,b7 include a prominently accessible link to the summary on each ,internet website that the owner maintains for prospective passengers to purchase or book passage on the passenger vessel2 and 7,c7 include the summary in any promotional literature or advertising1 through any medium of communication in the ,united ,states offering passage or soliciting passengers for ocean voyages anywhere in the world1 that the ,secretary of ,transportation considers necessary to adequately notify a prospective passenger of the key terms in the passage contract before such terms are binding4 7#f7 ,preemption ,the standards developed under paragraph 7#a7 shall preempt any related ,state standards that require a summary that provides less information to a prospective passenger than the information required to be provided under this subsection1 as determined by the ,secretary of ,transportation4 7b7 ,consumer complaints 7#a7 ,toll-free hotline2 ,internet website link ,the ,secretary of ,transportation shall-- 7,a7 establish a consumer complaints toll-free hotline telephone number for passenger use2 7,b7 establish a consumer complaints link for passenger use on the ,internet website maintained under section #cebf7;i72 and 7,c7 notify the public of-- 7i7 the telephone number established under subparagraph 7,a72 and 7ii7 the ,internet website maintained under section #cebf7;i74 7#b7 ,website ,the ,secretary of ,transportation shall-- 7,a7 maintain a statistical compilation of all consumer complaints on the ,internet website under section #cebf7;i7 that provides a numerical accounting of each category of consumer complaint2 7,b7 update the data referred to in subparagraph 7,a7 not less frequently than quarterly2 7,c7 aggregate such data by passenger vessel2 and 7,d7 identify each passenger vessel by name4 7#c7 ,investigations of consumer complaints ,the ,secretary of ,transportation1 in coordination with other relevant ,federal agencies1 may investigate consumer complaints from passengers1 including-- 7,a7 cancellations1 delays1 and port skipping2 7,b7 lost1 damaged1 and delayed baggage2 7,c7 conditions on board the passenger vessel2 7,d7 problems in obtaining refunds for unused or lost tickets or fare adjustments2 7,e7 incorrect or incomplete information about fares1 discount fare conditions and availability1 overcharges1 and fare increases2 7,f7 deceptive or misleading advertising2 and 7,g7 compliance with ,federal regulations4 7#d7 ,referral to federal agency ,the ,secretary of ,transportation may refer any complaint received under this subsection to the ,attorney ,general or relevant ,federal agency for action1 as appropriate4 7#e7 ,notice to passengers 7,a7 ,internet websites ,each owner of a passenger vessel shall include in a conspicuous location on each ,internet website that the owner of a passenger vessel maintains for passengers to purchase or book passage on a passenger vessel-- 7i7 the telephone number established under paragraph 7#a72 and 7ii7 any other information necessary for a passenger to submit a consumer complaint for resolution4 7,b7 ,boarding documentation ,the owner of a passenger vessel shall include the telephone number and ,internet address for consumer complaints established under paragraph 7#a7 on-- 7i7 any promotional literature or advertising1 through any medium of communication in the ,united ,states offering passage or soliciting passengers for ocean voyages on passenger vessels1 that the ,secretary of ,transportation considers necessary to adequately notify a prospective passenger of the telephone number and ,internet address2 and 7ii7 any electronic confirmation of the purchase of passage on a passenger vessel4 7c7 ,penalties 7#a7 ,civil penalty ,the ,secretary of ,transportation may impose on any person that violates this section or a regulation under this section a civil penalty of not more than #be1jjj for each day during which the violation continues1 except that the maximum penalty for a continuing violation shall be #ej1jjj4 7#b7 ,criminal penalty ,any person that willfully violates this section or a regulation under this section shall be fined not more than #bej1jjj or imprisoned not more than #a year1 or both4 7d7 ,rulemaking ,the ,secretary of ,transportation shall issue such regulations as are necessary to implement this section4 4 7b7 ,bill of rights 7#a7 ,enforceability ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,transportation shall determine whether any of the enumerated rights in the international cruise line passenger bill of rights1 which was adopted in #bjac by the members of the ,cruise ,lines ,international ,association1 are enforceable under ,federal law4 7#b7 ,required statement ,the ,secretary of ,transportation shall include in the standards developed under section #cebe7;a7 of title #df1 ,united ,states ,code1 a statement informing a prospective passenger-- 7,a7 which rights referred to in paragraph 7#a7 are legally enforceable2 7,b7 that the passenger has a private right of action to enforce such rights2 and 7,c7 of any legal action that a prospective passenger may take to enforce such rights4 7c7 ,advisory ,committee for ,passenger ,vessel ,consumer ,protection 7#a7 ,in general ,the ,secretary of ,transportation shall establish an advisory committee for passenger vessel consumer protection 7referred to in this subsection as the advisory committee7 to advise the ,secretary in carrying out activities relating to passenger vessel customer service improvements4 7#b7 ,membership ,the ,secretary of ,transportation shall appoint the members of the advisory committee1 which shall be comprised of #a representative each of-- 7,a7 owners of passenger vessels2 7,b7 international industry-related associations2 7,c7 ,state or local governments with expertise in consumer protection matters2 7,d7 nonprofit public interest groups with expertise in consumer protection matters2 7,e7 nonprofit public interest groups with expertise in victim assistance2 and 7,f7 relevant ,federal agencies1 as determined by the ,secretary of ,transportation4 7#c7 ,vacancies ,a vacancy in the advisory committee shall be filled in the manner in which the original appointment was made4 7#d7 ,travel expenses ,members of the advisory committee shall serve without pay1 but shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7#e7 ,chair ,the ,secretary of ,transportation shall designate1 from among the individuals appointed under paragraph 7#b71 an individual to serve as chair of the advisory committee4 7#f7 ,duties ,the advisory committee shall-- 7,a7 evaluate existing passenger vessel consumer protection programs or services2 7,b7 recommend improvements to the programs or services under subparagraph 7,a71 as necessary2 7,c7 recommend additional passenger vessel consumer protection programs or services1 as necessary2 and 7,d7 recommend to the ,secretary of ,transportation which key terms in a passage contract that should be highlighted before such terms are binding1 such as-- 7i7 products and services available on board the passenger vessel for an undisclosed cost or fee or otherwise are not included in the price of passage2 7ii7 the country under which the passenger vessel is registered or flagged2 7iii7 if the passenger vessel leaves the admiralty and maritime jurisdiction of the ,united ,states1 a passenger may be subject to the law of a foreign country2 7iv7 the passenger vessel may not accept responsibility for any health care services provided to a passenger by medical staff on board the passenger vessel2 7v7 the maximum amount an owner of a passenger vessel will reimburse a passenger for lost or stolen property while on board the passenger vessel2 and 7vi7 where to file a notice of claim or initiate any legal action against the owner of the passenger vessel4 7#g7 ,report to ,congress ,not later than ,february #a of each of the first #b calendar years beginning after the date of the enactment of this ,act1 the ,secretary of ,transportation shall submit to ,congress a report that contains-- 7,a7 the recommendations made by the advisory committee during the preceding calendar year2 7,b7 an explanation of whether and how the industry has implemented each recommendation2 and 7,c7 for each recommendation not implemented1 the industry's reason for not implementing the recommendation4 7#h7 ,definition of passenger vessel ,in this subsection1 the term passenger vessel has the meaning given the term in section #cebb of title #df1 ,united ,states ,code4 #f4 ,crime reporting and public notice 7a7 ,availability of log book and entries to ,,fbi and other investigators ,section #cebc7;g77#a71 as redesignated under section #b1 is amended-- 7#a7 in subparagraph 7,a71 by striking in a centralized location readily accessible to law enforcement personnel12 and 7#b7 in subparagraph 7,b71 by striking make such log book available and inserting make the log book described in subparagraph 7,a71 the ,captain's log1 security log1 engine room log1 all other logs1 and all entries of such log books or logs1 available without regard as to whether the log book1 logs1 or entries are maintained on board the vessel or at a centralized location off the vessel14 7b7 ,deadline ,to notify ,federal ,bureau of ,investigation regarding certain incidents ,section #cebc7;g77#c77;,a77i71 as redesignated under section #b1 is amended-- 7#a7 by striking shall contact and inserting subject to subparagraph 7,c71 shall contact2 and 7#b7 by striking after the occurrence on board the vessel of an incident involving and inserting 1 but not later than #d hours1 after an employee of the vessel is notified of an incident on board the vessel allegedly involving4 7c7 ,crime reporting guidelines ,section #cebc7;g77#a77;,a71 as redesignated under section #b and amended by subsection 7a71 is further amended-- 7#a7 in clause 7i71 by striking the comma at the end and inserting a semicolon2 7#b7 in clause 7ii71 by striking 1 and and inserting a semicolon2 7#c7 in clause 7iii71 by striking the comma at the end and inserting 2 and2 and 7#d7 by inserting after clause 7iii7 the following3 7iv7 any other criminal offenses reported to the ,federal ,bureau of ,investigation through the ,uniform ,crime ,reporting ,program1 4 7d7 ,reports before departure ,section #cebc7;g77#c71 as redesignated under section #b1 is amended by adding at the end the following3 7,c7 ,reports before departure ,if an employee of a vessel to which this subchapter applies is notified of an incident under subparagraph 7,a77i7 while the vessel is within the admiralty and maritime jurisdiction of the ,united ,states and en route to a ,united ,states port or at a ,united ,states port1 the owner of the vessel 7or the owner's designee7 shall contact the nearest ,federal ,bureau of ,investigation ,field ,office or ,legal ,attach not later than the time specified under subparagraph 7,a77i7 or before the vessel departs port1 whichever is earlier4 4 7e7 ,reports to ,united ,states consulates ,section #cebc7;g77#c71 as amended by subsection 7d71 is further amended by adding at the end the following3 7,d7 ,reports to ,united ,states consulates ,if an incident described in subparagraph 7,a77i7 allegedly involves an offense by or against a ,united ,states national1 in addition to contacting the nearest ,federal ,bureau of ,investigation ,field ,office or ,legal ,attach under that subparagraph1 the owner of a vessel to which this subchapter applies 7or the owner's designee7 shall contact the ,united ,states consulate at the next port of call not later than the time specified under subparagraph 7,a77i74 4 7f7 ,reports to ,secretary of ,transportation2 incidents and details ,section #cebc7;g77#c77;,a71 as amended by subsection 7b71 is further amended-- 7#a7 in clause 7ii71 by striking to the ,internet website maintained by the ,secretary of ,transportation under paragraph 7#d77;,a7 and inserting 1 including the details under paragraph 7#b71 to the ,internet website maintained by the ,secretary of ,transportation under section #cebf7;i72 and 7#b7 in clause 7iii71 by striking under paragraph 7#d77;,a7 and inserting under section #cebf7;i74 7g7 ,availability of security guide via ,internet ,section #cebc7;c77#a71 as redesignated under section #b of this ,act1 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by striking a guide 7referred to in this subsection as the security guide7 and inserting a security guide2 and 7,b7 by striking ,english1 which and inserting ,english1 that2 and 7#b7 in subparagraph 7,c71 by striking on the website of the vessel owner and inserting through a prominently accessible link on each ,internet website that the cruise line maintains for passengers to purchase or book cruises on any vessel that the cruise line owns or operates1 and to which this subchapter applies4 7h7 ,reporting requirements ,section #cebc1 as redesignated under section #b of this ,act1 is further amended-- 7#a7 by striking subsections 7k7 and 7l72 7#b7 by redesignating subsections 7i7 and 7j7 as subsections 7j7 and 7k71 respectively2 and 7#c7 by inserting after subsection 7h7 the following3 7i7 ,reporting requirements 7#a7 ,provision to ,state fusion centers 7,a7 ,in general ,any records 7including electronic records71 information1 or written documentation provided to any source under paragraph 7#a77;,a71 or subparagraph 7,d7 or 7,c7 of paragraph 7#c71 shall also be provided to the ,state fusion center 7as described in section #baj;,a of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #abd;h77 for the ,state in which the applicable port described in subparagraph 7,b7 is located4 7,b7 ,applicable port ,for purposes of this paragraph1 the applicable port shall be the port from which a vessel originally embarks or the port at which the vessel disembarks1 whichever port is nearest when the alleged incident occurs4 4 #g4 ,crime prevention1 documentation1 and response requirements 7a7 ,maintenance and placement of video surveillance equipment ,section #cebc7;b77#a71 as redesignated under section #b of this ,act1 is amended-- 7#a7 by striking ,the owner and inserting the following3 7,a7 ,in general ,the owner 2 7#b7 by striking 1 as determined by the ,secretary2 and 7#c7 by adding at the end the following3 7,b7 ,placement of video surveillance equipment ,with regard to the placement of video surveillance equipment on a vessel under subparagraph 7,a71 the owner shall-- 7i7 place video surveillance equipment in each passenger common area where a person has no reasonable expectation of privacy2 7ii7 place video surveillance equipment in other areas where a person has no reasonable expectation of privacy2 and 7iii7 place video surveillance equipment in each area identified under clauses 7i7 and 7ii7 in a manner that provides optimum surveillance of that area4 4 7b7 ,access to video records ,section #cebc7;b71 as redesignated under section #b of this ,act and amended under subsection 7a71 is further amended-- 7#a7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7#b7 in paragraph 7#c71 as redesignated-- 7,a7 by striking ,the owner and inserting the following3 7,a7 ,law enforcement ,the owner 2 and 7,b7 by adding at the end1 the following3 7,b7 ,civil actions ,the owner of a vessel to which this subchapter applies shall provide to any individual or the individual's legal representative1 upon written request1 a copy of all records of video surveillance-- 7i7 in which the individual is a subject of the video surveillance2 and 7ii7 that may provide evidence in a civil action4 7,c7 ,limited access ,except as provided under subparagraphs 7,a7 and 7,b71 the owner of a vessel to which this subchapter applies shall ensure that access to records of video surveillance is limited to the purposes under this section4 4 7c7 ,notice of video surveillance ,section #cebc7;b71 as redesignated under section #b of this ,act and amended by this section1 is further amended by inserting after paragraph 7#a7 the following3 7#b7 ,notice of video surveillance ,the owner of a vessel to which this subchapter applies shall provide clear and conspicuous signs on board the vessel notifying the public of the presence of video surveillance equipment4 4 7d7 ,retention requirements ,section #cebc7;b71 as redesignated under section #b of this ,act and amended by this section1 is further amended by adding at the end the following3 7#d7 ,retention requirements 7,a7 ,in general ,the owner of a vessel to which this subchapter applies shall retain all records of video surveillance for a voyage for not less than #a year after completion of the voyage4 ,if an incident described in subsection 7g77#c77;,a77i7 is alleged and reported to law enforcement1 all records of video surveillance from the voyage that the ,federal ,bureau of ,investigation determines are relevant shall-- 7i7 be provided to the ,federal ,bureau of ,investigation2 and 7ii7 be preserved by the vessel owner for not less than #e years from the date of the alleged incident4 7,b7 ,interim standards ,not later than #ahj days after the date of the enactment of the ,cruise ,passenger ,protection ,act of #bjai1 the ,commandant1 in consultation with the ,federal ,bureau of ,investigation1 shall promulgate interim standards for the retention of records of video surveillance4 7,c7 ,final standards ,not later than #a year after the date of the enactment of the ,cruise ,passenger ,protection ,act of #bjai1 the ,commandant1 in consultation with the ,federal ,bureau of ,investigation1 shall promulgate final standards for the retention of records of video surveillance4 7,d7 ,considerations ,in promulgating standards under subparagraphs 7,b7 and 7,c71 the ,commandant shall-- 7i7 consider factors that would aid in the investigation of serious crimes1 including crimes that go unreported until after the completion of a voyage2 7ii7 consider the different types of video surveillance systems and storage requirements in creating standards both for vessels currently in operation and for vessels newly built2 7iii7 consider privacy1 including standards for permissible access to and monitoring and use of the records of video surveillance2 and 7iv7 consider technological advancements1 including requirements to update technology4 4 7e7 ,technology detecting passengers who have fallen overboard requirement ,section #cebc7;a77#a77;,d71 as redesignated under section #b of this ,act1 is amended-- 7#a7 by striking or detecting and inserting and detecting2 and 7#b7 by striking is available and inserting is available1 as determined by the ,international ,maritime ,organization4 7f7 ,sea ,marshals requirement ,section #cebc7;f71 as redesignated under section #b of this ,act1 is amended-- 7#a7 by redesignating subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 as clauses 7i7 and 7ii7 of such paragraph1 and adjusting the margins so as to align with clause 7i7 of subsection 7d77#c77;,a72 7#b7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 and adjusting the margins so as to align with subparagraph 7,a7 of subsection 7e77#a72 7#c7 by striking 7f7 and all that follows through ,the owner and inserting the following3 7f7 ,crew requirements 7#a7 ,sea marshals ,the owner of a vessel to which this section applies shall ensure that the vessel is staffed at all times with an appropriate number1 based on the vessel size and the number of passengers1 of sea marshals who have been certified by1 and are operating under the jurisdiction of1 the ,coast ,guard4 7#b7 ,crew access to passenger staterooms ,the owner 4 7g7 ,authority ,to provide assistance to victims of crimes on board passenger vessels ,chapter #ce1 as amended by this ,act1 is further amended by adding at the end the following3 #cebf4 ,assistance to victims of crimes on board certain passenger vessels 7a7 ,purpose ,the purpose of this section is to provide to a passenger who is an alleged victim of an incident described in section #cebc7;g77#c77;,a77i7-- 7#a7 a written summary of rights described in subsection 7e72 7#b7 a primary point of contact within the ,federal ,government2 and 7#c7 a means of obtaining immediate1 free1 and confidential support services4 7b7 ,director of victim support services 7#a7 ,interim designation ,the ,secretary of ,transportation shall designate an interim director of victim support services4 ,the interim director shall be an employee of the ,department of ,transportation and shall serve in the position until a final designation is made under paragraph 7#b74 7#b7 ,final designation ,not later than #ahj days after the date of the enactment of the ,cruise ,passenger ,protection ,act of #bjai1 the ,secretary of ,transportation1 in consultation with the ,department of ,justice and other relevant ,federal agencies1 shall-- 7,a7 designate an employee of the ,federal ,government to serve as the director of victim support services under this section2 and 7,b7 determine an effective way to publicize the toll-free telephone number under subsection 7c7 and the availability of support services4 7#c7 ,responsibilities ,the director of victim support services shall-- 7,a7 be responsible for acting as a primary point of contact within the ,federal ,government for any passenger described in subsection 7a72 7,b7 coordinate with one or more nonprofit organizations or other entities that can provide the types of support services described in subsection 7d72 7,c7 establish a process for a passenger described in subsection 7a7 to obtain the appropriate types of support services described in subsection 7d72 7,d7 recommend a process for a passenger described in subsection 7a7 to obtain an appropriate continuum of care2 7,e7 recommend a process for a passenger described in subsection 7a7 to obtain information on the status of any related criminal investigation2 7,f7 develop guidance1 consistent with the purpose of this section1 for the security guide under section #cebc7;c77#a71 including a process to ensure that an owner of a passenger vessel provides a copy of the security guide to a passenger immediately after the vessel is notified that the passenger is an alleged victim of an incident described in subsection 7g77#c77;,a77i72 7,g7 periodically update that guidance1 as necessary2 and 7,h7 be the primary liaison between a passenger described in subsection 7a7 and-- 7i7 the owner of the passenger vessel2 7ii7 any relevant ,federal agency2 7iii7 any relevant ,united ,states embassy or ,united ,states consulate2 and 7iv7 any other person that the director of victim support services considers necessary to carry out the purpose of this section4 7c7 ,toll-,free telephone number ,the ,secretary of ,transportation shall establish a toll-free telephone number1 available #bd hours each day1 that a passenger described in subsection 7a7 can call to initiate the process under subsection 7b77#c77;,c74 7d7 ,support services ,the director of victim support services shall determine the types of support services that a passenger described in subsection 7a7 can obtain1 such as-- 7#a7 directions on how to report an incident described in section #cebc7;g77#c77;,a77i7 to appropriate authorities2 7#b7 an explanation of or assistance completing necessary forms to report an incident described in section #cebc7;g77#c77;,a77i72 7#c7 an explanation of how or assistance to obtain support services under this section2 7#d7 arranging1 if appropriate1 for mental health and counseling services2 7#e7 arranging1 if possible1 for education regarding and advocacy during applicable criminal justice proceedings2 and 7#f7 communicating with that passenger as to the roles of the organization or entities described in subsection 7b77#c77;,b71 government agencies1 and the owner of the passenger vessel involved with respect to the incident and the post-incident activities4 7e7 ,summary of rights ,not later than #ahj days after the date of the enactment of the ,cruise ,passenger ,protection ,act of #bjai1 the ,secretary of ,transportation1 in consultation with the ,department of ,justice1 other relevant ,federal agencies1 nonprofit public interest groups with expertise in victim assistance1 and such other persons that the ,secretary of ,transportation considers necessary1 shall-- 7#a7 determine what rights a passenger described in subsection 7a7 may have under law1 such as the right to contact the ,federal ,bureau of ,investigation to report the crime1 the right to contact the director of victim support services1 and the right to speak confidentially to ,federal law enforcement1 the director of victim support services1 and any other third-party victim advocate without any representative or employee of the passenger vessel present2 7#b7 develop a written summary of those rights2 and 7#c7 establish a process for a passenger described in subsection 7a7 to receive the written summary of rights as soon as practicable after an alleged incident described under section #cebc7;g77#c77;,a77i74 7f7 ,guardians and relatives ,if a passenger described in subsection 7a7 is deceased or is a minor1 or under such other circumstances that the director of victim support services considers necessary1 the director may provide support services under this section to a guardian or relative of that passenger4 7g7 ,use of passenger vessel resources ,as appropriate1 the resources of the passenger vessel should be used to the greatest extent possible to carry out the purpose under this section4 7h7 ,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 a passenger who is an alleged victim of an incident described under section #cebc7;g77#c77;,a77i74 7i7 ,availability of incident data via ,internet 7#a7 ,in general ,the ,secretary of ,transportation shall maintain a statistical compilation of all incidents described in section #cebc7;g77#c77;,a7 on an ,internet website that provides a numerical accounting of the missing persons and alleged crimes duly recorded in each report filed under section #cebc7;g77#c74 ,each incident described in section #cebc7;g77#c77;,a7 shall be included in the statistical compilation irrespective of its investigative status4 7#b7 ,updates ,the ,secretary of ,transportation shall ensure that the data described in paragraph 7#a7-- 7,a7 is updated not less frequently than quarterly2 7,b7 is aggregated by cruise line2 7,c7 identifies each cruise line by name2 7,d7 identifies each crime and alleged crime as to whether it was committed or allegedly committed by a passenger or a crew member2 7,e7 identifies each crime and alleged crime as to whether it was committed or allegedly committed against a minor2 7,f7 identifies the number of alleged individuals overboard2 and 7,g7 is compiled on the ,internet website in a user-friendly format4 7#c7 ,access to website ,each owner of a passenger vessel shall include a prominently accessible link to the ,internet website maintained by the ,secretary of ,transportation under paragraph 7#a7 on each ,internet website that the owner maintains for prospective passengers to purchase or book passage on the passenger vessel4 7j7 ,regulations ,the ,secretary of ,transportation shall issue such regulations as are necessary to implement this section4 4 7h7 ,study ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,transportation1 in coordination with the ,secretary of the department in which the ,coast ,guard is operating1 the ,attorney ,general1 and heads of other relevant ,federal agencies1 shall-- 7#a7 conduct a study to determine the feasibility of having an individual on board each passenger vessel 7as defined in section #cebb of title #df1 ,united ,states ,code7 to provide victim support services1 including the support services under section #cebf7;d7 of title #df1 ,united ,states ,code1 and related safety and security services1 which includes consideration of the cost1 the benefit to passengers1 jurisdiction1 and logistics2 and 7#b7 report the findings of the study conducted under paragraph 7#a7 to ,congress4 7i7 ,criminal activity prevention and response guide ,section #cebc7;c77#a71 as amended by section #f7;g7 of this ,act1 is further amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by redesignating clause 7ii7 as clause 7vi72 7,b7 by inserting after clause 7i7 the following3 7ii7 describes the availability of support services under section #cebf1 including any contact information provided by the ,secretary of ,transportation or director of victim support services under that section2 7iii7 includes the summary of rights under section #cebf7;e72 7iv7 includes the summary under section #cebe7;a72 7v7 includes the toll-free hotline telephone number and consumer complaints ,internet website link under section #cebe7;b72 2 7,c7 in clause 7vi71 as redesignated1 by inserting and at the end2 and 7,d7 by adding at the end the following3 7vii7 includes such other information as the ,secretary of ,transportation recommends under section #cebf7;b77#c77;,f72 2 7#b7 by amending subparagraph 7,b7 to read as follows3 7,b7 provide a copy of the security guide to-- 7i7 the ,secretary of ,transportation for review2 and 7ii7 the ,federal ,bureau of ,investigation for comment2 and 2 7#c7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7#d7 by inserting after subparagraph 7,b7 the following3 7,c7 immediately after the vessel is notified that a passenger is an alleged victim of an incident described under subsection 7g77#c77;,a7-- 7i7 provide the passenger with a copy of the security guide2 and 7ii7 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 vessel2 and 4 7j7 ,maintenance of supplies ,to prevent sexually transmitted diseases ,section #cebc7;d77#a71 as redesignated by section #b of this ,act1 is amended by inserting 7taking into consideration the length of the voyage and the number of passengers and crewmembers that the vessel can accommodate7 after a sexual assault4 7k7 ,sexual assault2 contact information ,section #cebc7;d77#e77;,a71 as redesignated by section #b of this ,act1 is amended by striking the ,united ,states ,coast ,guard14 7l7 ,sexual assault2 private telephone line ,section #cebc7;d77#e77;,b71 as redesignated by section #b of this ,act1 is amended by inserting under section #cebf or after the information and support services available4 7m7 ,crime scene preservation training2 certification of organizations by ,,marad ,section #cebd7;a71 as redesignated by section #b of this ,act1 is amended by striking may certify and inserting shall certify4 7n7 ,crew access to passenger staterooms2 procedures and restrictions ,section #cebc7;f77#b71 as redesignated and amended by sections #b and #g7;f7 of this ,act1 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in clause 7i71 by striking and at the end2 and 7,b7 by inserting after clause 7ii7 the following3 7iii7 a system that electronically records the date1 time1 and identity of each crew member accessing each passenger stateroom2 and 2 and 7#b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ensure that the procedures and restrictions are-- 7i7 fully and properly implemented2 7ii7 reviewed annually2 and 7iii7 updated as necessary4 4 7o7 ,requirements for reporting ,subsection 7i7 of section #cebc1 as added by section #f7;h71 is further amended by adding at the end the following3 7#b7 ,applicability of requirements ,any reporting requirement under this section relating to an incident specified in paragraph 7#c77;,a77i7 is required without regard as to whether the ,federal ,bureau of ,investigation has opened a formal investigation relating to the incident4 4 #h4 ,passenger vessel security and safety requirements 7a7 ,vessel design1 equipment1 construction1 and retrofitting requirements ,section #cebc7;a71 as redesignated by section #b of this ,act1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking to which this subsection applies and inserting to which this subchapter applies2 7,b7 in subparagraph 7,a7-- 7i7 by striking ,the vessel and inserting ,each exterior deck of a vessel2 and 7ii7 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 end2 7,c7 in subparagraph 7,b71 by striking entry doors that include peep holes or other means of visual identification4 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 cabin4 ,for purposes of this subparagraph1 the addition of an optional privacy cover on the interior side of the entry shall not in and of itself constitute an obstruction42 and 7,d7 in subparagraph 7,e71 by striking when operating in high risk areas 7as defined by the ,united ,states ,coast ,guard72 and 7#b7 by adding at the end the following3 7#c7 ,waivers2 record of waivers ,the ,secretary-- 7,a7 may waive a requirement under paragraph 7#a7 as the ,secretary determines necessary2 and 7,b7 shall maintain a record of each waiver under subparagraph 7,a74 4 7b7 ,medical standards 7#a7 ,in general ,section #cebc1 as redesignated by section #b of this ,act1 is amended-- 7,a7 in subsection 7d7-- 7i7 in paragraph 7#c7-- 7,i7 in subparagraph 7,a71 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 respectively1 and adjusting the margins of such subclauses so as to align with subclause 7,i7 of section #cebc7;c77#a77;,a77ii72 and 7,,ii7 by redesignating subparagraphs 7,a71 7,b71 and 7,c7 as clauses 7i71 7ii71 and 7iii71 respectively1 and adjusting the margins of such clauses so as to align with clause 7i7 of section #cebc7;c77#a77;,a72 7ii7 in paragraph 7#e71 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and adjusting the margins of such clauses so as to align with clause 7i7 of section #cebc7;c77#a77;,a72 7iii7 by redesignating paragraphs 7#a7 through 7#e7 as subparagraphs 7,a7 through 7,e71 respectively1 and adjusting the margins of such subparagraphs so as to align with subparagraph 7,a7 of section #cebc7;c77#a72 and 7iv7 by striking ,the owner and inserting the following3 7#a7 ,in general ,the owner 2 7,b7 in subsection 7e7-- 7i7 in paragraph 7#a7-- 7,i7 in the matter preceding subparagraph 7,a71 by striking under subsection 7d7 and inserting under paragraph 7#a72 and 7,,ii7 by redesignating subparagraphs 7,a71 7,b71 and 7,c7 as clauses 7i71 7ii71 and 7iii71 respectively1 and adjusting the margins of such clauses so as to align with clause 7i7 of section #cebc7;c77#a77;,a72 7ii7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and adjusting the margins of such subparagraphs so as to align with subparagraph 7,a7 of section #cebc7;c77#a72 and 7iii7 by striking 7e7 and all that follows through ,the master and inserting the following3 7#b7 ,confidentiality of sexual assault examination and support information ,the master 2 and 7,c7 by inserting after subsection 7d71 as amended by subparagraphs 7,a7 and 7,b7 of this paragraph1 the following3 7e7 ,medical standards 7#a7 ,in general ,the owner of a vessel to which this section applies shall ensure that-- 7,a7 a physician is always present and available to treat any passengers who may be on board the vessel in the event of an emergency situation2 7,b7 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 vessel1 as determined by the ,secretary1 by regulation2 7,c7 the vessel is in compliance with the ,health ,care ,guidelines for ,cruise ,ship ,medical ,facilities established by the ,american ,college of ,emergency ,physicians1 or any successor standard2 7,d7 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 vessel1 such request is granted2 7,e7 every crew member on the vessel has received basic life support training and is certified in cardiopulmonary resuscitation2 7,f7 every crew member on a vessel leaving from or en route to a ,united ,states port of call has a basic understanding of the ,english language2 7,g7 automated external defibrillators are-- 7i7 placed throughout the vessel in clearly designated locations2 7ii7 available for passenger access in the event of an emergency2 and 7iii7 capable of contacting cruise medical staff through tracing or callbox capability2 and 7,h7 the initial safety briefing given to the passengers on the vessel includes-- 7i7 the location of the vessel's medical facilities2 7ii7 the appropriate steps passengers should follow during a medical emergency2 7iii7 the location and proper use of automated external defibrillators2 and 7iv7 the proper way to report an incident or to seek security assistance in the event of a medical emergency4 7#b7 ,definitions ,in this subsection3 7,a7 ,physician ,the term physician means a medical doctor who-- 7i7 has at least #c years of post-graduate1 post-registration experience in general and emergency medicine2 or 7ii7 is board certified in emergency medicine1 family medicine1 or internal medicine4 7,b7 ,qualified medical staff ,the term qualified medical staff member means a medical professional certified in advanced cardiovascular life support and advanced trauma life support training4 4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 #i4 ,enforcement 7a7 ,information sharing 7#a7 ,in general ,to the extent not prohibited by other law1 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 subchapter ,,ii of chapter #ce of title #df1 ,united ,states ,code4 ,the provision by the head of a designated agency of any information under this subsection to another head of a designated agency shall not constitute a waiver1 or otherwise effect1 any privilege any agency or person may claim with respect to that information under ,federal or ,state law4 7#b7 ,definition of head of a designated agency ,in this subsection1 the term head of a designated agency means the ,secretary of ,transportation1 the ,secretary of ,homeland ,security1 or the ,attorney ,general4 7b7 ,passenger vessel security and safety requirements ,section #cebc7;h71 as redesignated by section #b of this ,act1 is amended to read as follows3 7h7 ,penalties 7#a7 ,civil penalty ,any person that violates this section or a regulation under this section shall be liable for a civil penalty of not more than #be1jjj for each day during which the violation continues1 except that the maximum penalty for a continuing violation is #ej1jjj4 7#b7 ,criminal penalty ,any person that willfully violates this section or a regulation under this section shall be fined not more than #bej1jjj1 imprisoned for not more than #a year1 or both4 4 7c7 ,enforcement ,chapter #ce1 as amended by this ,act1 is further amended by adding at the end the following3 #cebg4 ,refusal of clearance2 denial of entry 7a7 ,clearance ,the ,secretary of ,homeland ,security may withhold or revoke the clearance required under section #fjaje of any vessel of the owner of a vessel to which this subchapter applies1 wherever the vessel is found1 if the owner of the vessel-- 7#a7 commits an act or omission for which a penalty may be imposed under this subchapter2 or 7#b7 fails to pay a penalty imposed on the owner under this subchapter4 7b7 ,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 the owner of the vessel-- 7#a7 commits an act or omission for which a penalty may be imposed under this subchapter2 or 7#b7 fails to pay a penalty imposed on the owner under this subchapter4 4 #aj4 ,technical and conforming amendments 7a7 ,application ,chapter #ce1 as amended by this ,act1 is further amended-- 7#a7 in section #cebc1 by striking to which this section applies each place such phrase appears and inserting to which this subchapter applies2 and 7#b7 in section #cebd1 by striking to which this section applies each place such phrase appears and inserting to which this subchapter applies4 7b7 ,availability of incident data via ,internet ,section #cebc7;g71 as redesignated under section #b of this ,act1 is amended by striking paragraph 7#d74 7c7 ,table of contents ,the table of contents for chapter #ce is amended-- 7#a7 by inserting before the item relating to section #ceja the following3 ,subchapter ,i4 ,general provisions 2 7#b7 by striking the item relating to section #cejg and inserting the following3 #cebc4 ,passenger vessel security and safety requirements4 2 7#c7 by striking the item relating to section #cejh and inserting the following3 #cebd4 ,crime scene preservation training for passenger vessel crewmembers4 2 7#d7 by inserting after the item relating to section #cejf the following3 ,subchapter ,,ii4 ,cruise vessels 2 7#e7 by inserting before the item relating to section #cebc1 the following3 #ceba4 ,application4#cebb4 ,definitions4 2 and 7#f7 by adding at the end the following3 #cebe4 ,passenger vessel consumer service improvements4#cebf4 ,assistance to victims of crimes on board certain passenger vessels4#cebg4 ,refusal of clearance2 denial of entry4 4 #aa4 ,limitations in certain cases 7a7 ,in general ,section #cjcjg is amended-- 7#a7 in the section heading1 by striking ,commercial aviation accidents and inserting ,limitations in certain cases2 7#b7 by striking subsection 7a7 and inserting the following3 7a7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,cruise ship ,the term cruise ship means a passenger vessel1 other than a vessel of the ,united ,states operated by the ,federal ,government or a vessel owned and operated by a ,state1 that-- 7,a7 is authorized to carry at least #bej passengers2 7,b7 has onboard sleeping facilities for each passenger2 7,c7 is on a voyage that embarks or disembarks passengers in the ,united ,states2 and 7,d7 is not engaged on a coastwise voyage4 7#b7 ,nonpecuniary damages ,the term nonpecuniary damages means damages for pre-death pain and suffering and for loss of care1 comfort1 and companionship4 2 7#c7 in subsection 7b71 by inserting 1 or from a wrongful act1 negligence1 or any other act or omission associated with a cruise ship voyage1 after commercial aviation accident2 and 7#d7 in subsection 7c71 by inserting 1 or from a wrongful act1 negligence1 or any other act or omission associated with a cruise ship voyage1 after commercial aviation accident4 7b7 ,clerical amendment ,the table of sections for chapter #cjc is amended by striking the item relating to section #cjcjg and inserting the following3 #cjcjg4 ,limitations in certain cases4 4