,,ii #aahth ,,congress #b;d ,session ,s4 #didg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #a1 #bjbd,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 title2 references 7a7 ,short title ,this ,act may be cited as the ,cruise ,passenger ,protection ,act of #bjbd4 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 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 references4,sec4 #b4 ,table of contents4,,title ,i--,covered passenger vessel consumer service and protection,sec4 #aja4 ,covered passenger vessel consumer service improvements4,sec4 #ajb4 ,cruise line passenger bill of rights2 advisory committee for covered passenger vessel consumer protection4,sec4 #ajc4 ,assistance to victims of crimes on board certain passenger vessels4,sec4 #ajd4 ,clerical amendments4,,title ,,ii--,cruise vessel passenger improvements,sec4 #bja4 ,cruise vessel chapter organization1 application1 and definitions4,sec4 #bjb4 ,crime reporting and public notice4,sec4 #bjc4 ,crime prevention1 documentation1 and response requirements4,sec4 #bjd4 ,passenger vessel security and safety requirements4,sec4 #bje4 ,enforcement4,sec4 #bjf4 ,technical and conforming amendments4,sec4 #bjg4 ,limitations in certain cases4 ,i ,covered passenger vessel consumer service and protection #aja4 ,covered passenger vessel consumer service improvements ,subtitle ,,ii is amended by adding at the end the following3 ,l ,office of ,maritime ,consumer ,protection #afa ,office of ,maritime ,consumer ,protection #afaja4 ,definitions4 #afajb4 ,application4 #afajc4 ,office of ,maritime ,consumer ,protection4 #afajd4 ,covered passenger vessel consumer service improvements4 #afaje4 ,invalidation of pre-dispute arbitration and class action waiver clauses in certain contracts relating to covered passenger vessel transportation4 #afaja4 ,definitions ,in this chapter3 7#a7 ,applicable passenger ,the term applicable passenger means a passenger on a covered passenger vessel who is a citizen of the ,united ,states4 7#b7 ,assistant ,general ,counsel ,the term ,assistant ,general ,counsel means the ,assistant ,general ,counsel for the ,office of ,maritime ,consumer ,protection4 7#c7 ,covered passenger vessel ,the term covered passenger vessel means a passenger vessel or small passenger vessel to which this chapter applies1 in accordance with section #afajb of this title4 7#d7 ,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#e7 ,office ,the term ,office means the ,office of ,maritime ,consumer ,protection4 7#f7 ,owner ,the term owner means the owner1 charterer1 managing operator1 master1 or other individual in charge of a vessel4 7#g7 ,passage contract ,the term passage contract means a binding agreement for passage on a covered passenger vessel4 7#h7 ,secretary ,notwithstanding section #baja of this title1 the term ,secretary means the ,secretary of ,transportation4 #afajb4 ,application 7a7 ,in general ,this chapter applies to passenger vessels and small passenger vessels4 7b7 ,federal and ,state vessels ,this chapter 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 #afajc4 ,office of ,maritime ,consumer ,protection 7a7 ,establishment ,there is established within the ,office of the ,general ,counsel of the ,department of ,transportation an ,office of ,maritime ,consumer ,protection4 7b7 ,head ,the ,office shall be headed by the ,assistant ,general ,counsel for the ,office of ,maritime ,consumer ,protection4 7c7 ,duties ,the ,office shall-- 7#a7 serve as the primary entity of the ,department of ,transportation with respect to consumer protection issues relating to covered passenger vessels 7unless otherwise provided under law71 including-- 7,a7 carrying out the requirements of this chapter2 7,b7 providing assistance to the industry regarding compliance assistance under this chapter2 7,c7 processing consumer complaints regarding the requirements of this chapter and other consumer complaints regarding covered passenger vessels2 7,d7 inspecting covered passenger vessels to ensure that owners of such vessels have knowledge of the consumer protection requirements that apply2 7,e7 investigating potential consumer protection violations regarding maritime travel2 and 7,f7 pursuing enforcement of such violations2 and 7#b7 serve as the implementing office for the duties of the ,secretary under section #ajb of the ,cruise ,passenger ,protection ,act of #bjbd4 #afajd4 ,covered passenger vessel consumer service improvements 7a7 ,passage contracts 7#a7 ,development of standards 7,a7 ,passenger vessels ,not later than #ahj days after the date on which the advisory committee makes its recommendations under section #ajb7;b77#f77;,c7 of the ,cruise ,passenger ,protection ,act of #bjbd1 the ,secretary1 acting through the ,assistant ,general ,counsel1 shall develop standards for use by an owner of a covered passenger vessel that is a passenger vessel or1 subject to subparagraph 7,b71 a small passenger vessel1 to provide a prospective applicable passenger with a summary that highlights key terms in the passage contract and is provided before such terms are binding4 7,b7 ,small passenger vessels ,the ,secretary shall determine the extent to which standards developed under subparagraph 7,a7 shall apply with respect to passage contracts for small passenger vessels4 7#b7 ,consultation ,in developing the standards under paragraph 7#a71 the ,secretary 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 considers necessary4 7#c7 ,statute of limitations ,the statute of limitations for filing a lawsuit against the owner of a covered passenger vessel1 which shall not be shorter than #c years1 shall be clearly identified in the passage contract described in paragraph 7#a74 7#d7 ,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#e7 ,periodic review ,the ,secretary shall periodically review and update1 as appropriate1 the standards developed under paragraph 7#a74 7#f7 ,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 covered passenger vessel shall-- 7,a7 provide each prospective applicable passenger with a summary in accordance with the standards that apply to the covered passenger vessel under paragraph 7#a72 7,b7 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 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 applicable passengers for ocean voyages anywhere in the world1 that the ,secretary considers necessary to adequately notify a prospective applicable passenger of the key terms in the passage contract before such terms are binding4 7#g7 ,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 applicable passenger than the information required to be provided under this subsection1 as determined by the ,secretary4 7b7 ,covered passenger vessel consumer complaints 7#a7 ,toll-free hotline and ,internet website link for consumer passenger vessel complaints ,the ,secretary1 acting through the ,assistant ,general ,counsel1 shall-- 7,a7 establish a consumer complaints toll-free hotline telephone number for applicable passengers2 7,b7 establish a consumer complaints link for use by applicable passengers on the internet website maintained under section #afajf7;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 #afajf7;i74 7#b7 ,website ,the ,secretary1 acting through the ,assistant ,general ,counsel1 shall-- 7,a7 maintain a statistical compilation of all consumer complaints on the internet website under section #afajf7;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 monthly2 7,c7 aggregate such data by covered passenger vessel2 and 7,d7 identify each covered passenger vessel by name4 7#c7 ,investigations of consumer complaints ,the ,secretary1 acting through the ,assistant ,general ,counsel and in coordination with other relevant ,federal agencies1 may investigate consumer complaints from applicable passengers1 including-- 7,a7 cancellations1 delays1 and port skipping2 7,b7 lost1 damaged1 and delayed baggage2 7,c7 conditions on board the covered 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 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 action1 as appropriate4 7#e7 ,notice to passengers 7,a7 ,internet websites ,each owner of a covered passenger vessel shall include1 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-- 7i7 the telephone number established under paragraph 7#a77;,a72 7ii7 the consumer complaints link established under paragraph 7#a77;,b72 and 7iii7 any other information necessary for an applicable passenger to submit a consumer complaint for resolution4 7,b7 ,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 7#a7 on-- 7i7 any promotional literature or advertising1 through any medium of communication in the ,united ,states offering passage or soliciting applicable passengers for ocean voyages on covered passenger vessels1 that the ,secretary considers necessary to adequately notify such prospective passenger of the telephone number and internet address2 and 7ii7 any electronic confirmation of the purchase of passage on a covered passenger vessel4 7c7 ,penalties 7#a7 ,civil penalty ,the ,secretary1 acting through the ,assistant ,general ,counsel1 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 continues4 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 ,secretary1 acting through the ,assistant ,general ,counsel1 shall issue such regulations as are necessary to implement this section4 #afaje4 ,invalidation of pre-dispute arbitration and class action waiver clauses in certain contracts relating to covered passenger vessel transportation 7a7 ,covered contract ,in this section1 the term covered contract means a contract for the purchase of a ticket for transportation on a covered passenger vessel4 7b7 ,arbitration ,notwithstanding any other provision of law1 arbitration may be used to settle a controversy arising from or relating to a provision of a covered contract only if1 after the controversy arises1 all parties to the controversy consent1 in writing1 to use arbitration to settle the controversy4 7c7 ,class ,actions ,notwithstanding any other provision of law1 no predispute joint-action waiver shall be valid or enforceable with respect to any alleged claim regarding a covered contract4 7d7 ,court determinations ,an issue as to whether this section applies with respect to a dispute shall be determined under ,federal law4 ,the applicability of this section to an agreement to arbitrate and the validity and enforceability of a covered contract shall be determined by a court1 rather than an arbitrator1 irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the covered contract containing such agreement1 and irrespective of whether the agreement purports to delegate such determinations to an arbitrator4 7e7 ,applicability ,this section shall apply with respect to contracts entered into1 or renewed1 on or after the date of the enactment of the ,cruise ,passenger ,protection ,act of #bjbd4 4 #ajb4 ,cruise line passenger bill of rights2 advisory committee for covered passenger vessel consumer protection 7a7 ,bill of rights 7#a7 ,enforceability ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,transportation1 acting through the ,assistant ,general ,counsel for the ,office of ,maritime ,consumer ,protection1 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 ,transportation1 acting through the ,assistant ,general ,counsel for the ,office of ,maritime ,consumer ,protection1 shall include in the standards developed under section #afajd7;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 and 7,b7 how a passenger or prospective passenger might pursue such enforcement1 including identifying any action1 including a private cause of action1 an administrative action1 or any other method of enforcement1 that may be taken or pursued4 7b7 ,advisory committee for covered passenger vessel consumer protection 7#a7 ,definition of covered passenger vessel ,in this subsection1 the term covered passenger vessel means a passenger vessel or small passenger vessel to which chapter #afa of title #df1 ,united ,states ,code1 applies4 7#b7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation1 acting through the ,assistant ,general ,counsel for the ,office of ,maritime ,consumer ,protection1 shall establish an advisory committee for covered 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#c7 ,membership 7,a7 ,in general ,by not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall appoint the members of the advisory committee1 which shall be comprised of #a representative each of-- 7i7 owners of passenger vessels1 as defined in section #baja of title #df1 ,united ,states ,code2 7ii7 owners of small passenger vessels1 as defined in such section2 7iii7 international industry-related associations2 7iv7 ,state or local governments with expertise in consumer protection matters2 7v7 nonprofit public interest groups with expertise in consumer protection matters2 7vi7 nonprofit public interest groups with expertise in victim assistance2 and 7vii7 relevant ,federal agencies1 as determined by the ,secretary of ,transportation4 7,b7 ,vacancies ,a vacancy in the advisory committee shall be filled in the manner in which the original appointment was made4 7,c7 ,chair ,the ,secretary of ,transportation shall designate1 from among the individuals appointed under subparagraph 7,a71 an individual to serve as chair of the advisory committee4 7#d7 ,meetings ,the advisory committee shall meet at the call of the chair of the advisory committee1 but not less frequently than annually4 7#e7 ,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#f7 ,duties ,the advisory committee shall-- 7,a7 evaluate existing consumer protection programs or services for covered passenger vessels2 7,b7 recommend to the ,secretary of ,transportation-- 7i7 improvements needed to the programs or services under subparagraph 7,a71 as necessary2 and 7ii7 any additional consumer protection programs or services for covered passenger vessels1 as necessary2 7,c7 not later than #a year after the date on which the committee is established under paragraph 7#b71 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 binding1 such as-- 7i7 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 passage2 7ii7 the country under which the covered passenger vessel is registered or flagged2 7iii7 a statement that1 under certain circumstances1 a passenger on a covered passenger vessel may be subject to the law of a foreign country2 7iv7 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 vessel2 7v7 the maximum amount an owner of a covered 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 covered passenger vessel2 and 7,d7 annually for the #e-year period beginning on the date on which the advisory committee is established1 and periodically thereafter as the advisory committee determines necessary1 review the recommendations described in subparagraphs 7,b7 and 7,c7 and submit any recommended updates to the ,secretary of ,transportation4 7#g7 ,report to ,congress ,not later than #cj days after the ,secretary of ,transportation receives recommendations1 including updated recommendations1 under paragraph 7#f7 from the advisory committee1 the ,secretary shall submit to ,congress a report that contains-- 7,a7 such recommendations of the advisory committee2 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 ,termination ,the advisory committee shall terminate on the date that is #ae years after the date of enactment of this ,act4 #ajc4 ,assistance to victims of crimes on board certain passenger vessels 7a7 ,authority ,to provide assistance to victims of crimes on board passenger vessels ,chapter #afa1 as added by section #aja of this ,act1 is further amended by adding at the end the following3 #afajf4 ,assistance to victims of crimes on board certain passenger vessels 7a7 ,purpose ,the purpose of this section is to provide to an applicable 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 ,establishment ,there shall be a director of victim support services of the ,office4 7#b7 ,designation2 public outreach 7,a7 ,interim director ,not later than #cj days after the date of enactment of the ,cruise ,passenger ,protection ,act of #bjbd1 the ,secretary shall designate an employee of the ,department of ,transportation as the interim director of victim support services1 who shall serve in such position until a final designation or appointment is made under subparagraph 7,b74 7,b7 ,final designation and public outreach ,not later than #ahj days after the date of enactment of the ,cruise ,passenger ,protection ,act of #bjbd1 the ,secretary1 in consultation with the ,department of ,justice and other relevant ,federal agencies1 shall-- 7i7 appoint an individual to serve as the director of victim support2 and 7ii7 determine an effective way to publicize the toll-free telephone number under subsection 7c7 and the availability of support services under this section4 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 applicable 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 an applicable passenger described in subsection 7a7 to obtain the appropriate types of support services described in subsection 7d72 7,d7 recommend a process for an applicable passenger described in subsection 7a7 to obtain an appropriate continuum of care2 7,e7 recommend a process for an applicable 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 an applicable passenger immediately after the vessel is notified that the passenger is an alleged victim of an incident described in section #cebc7;g77#c77;,a77i72 7,g7 periodically update that guidance1 as necessary2 and 7,h7 be the primary liaison between an applicable 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 shall establish a toll-free telephone number1 available #bd hours each day1 that an applicable 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 an applicable 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 of1 or assistance completing1 necessary forms to report an incident described in section #cebc7;g77#c77;,a77i72 7#c7 an explanation of how1 or assistance to1 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 applicable 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 enactment of the ,cruise ,passenger ,protection ,act of #bjbd1 the ,secretary1 acting through the ,assistant ,general ,counsel and 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 considers necessary1 shall-- 7#a7 determine what rights an applicable 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 an applicable 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 an applicable 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 applicable passenger4 7g7 ,use of passenger vessel resources ,as appropriate1 the resources of the passenger vessel shall be used to the greatest extent possible to carry out the purpose of 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 an applicable 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 ,secretary1 acting through the ,assistant ,general ,counsel1 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 shall ensure that the data described in paragraph 7#a7-- 7,a7 is updated not less frequently than monthly2 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 ,office of ,maritime ,consumer ,protection under paragraph 7#a7 on each ,internet website that the owner maintains for prospective applicable passengers to purchase or book passage on the passenger vessel4 7j7 ,regulations ,the ,secretary shall issue such regulations as are necessary to implement this section4 4 7b7 ,study ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation1 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 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 vessel1 or certain categories of passenger vessels1 to which chapter #afa applies to provide victim support services1 including the support services under section #afajf7;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 #ajd4 ,clerical amendments 7a7 ,title #df table of chapters ,the table of chapters for subtitle ,,ii is amended by adding at the end the following3 ,,part ,l--,office of ,maritime ,consumer ,protection #afa4 ,office of ,maritime ,consumer ,protection#afaja 4 7b7 ,table of sections ,the table of sections at the beginning of chapter #afa1 as added by section #aja of this ,act1 is further amended by adding at the end the following3 #afajf4 ,assistance to victims of crimes on board certain passenger vessels4 4 ,,ii ,cruise vessel passenger improvements #bja4 ,cruise vessel chapter organization1 application1 and definitions 7a7 ,subchapter organization ,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 #cejg1 #cejh1 #ceji1 and #ceaj as sections #cebc1 #cebd1 #cebe1 and #cebf1 respectively4 7b7 ,application ,chapter #ce1 as amended by subsection 7a71 is further amended by inserting before section #cebc the following3 #ceba4 ,application 7a7 ,in general ,this subchapter applies to a passenger vessel that-- 7#a7 is authorized to carry at least #bej passengers2 7#b7 has onboard sleeping facilities for each passenger2 and 7#c7 is on a voyage that embarks or disembarks passengers in the ,united ,states4 7b7 ,federal and ,state vessels ,notwithstanding subsection 7a71 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 7c7 ,definitions ,chapter #ce1 as amended by subsections 7a7 and 7b71 is further amended by inserting after section #ceba1 as added by subsection 7b71 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 ,owner ,the term owner means the owner1 charterer1 managing operator1 master1 or other individual in charge of a vessel4 7#c7 ,applicable passenger ,the term applicable passenger means a passenger carried on a passenger vessel who is a citizen of the ,united ,states4 7#d7 ,physician ,the term physician means a doctor of medicine or doctor of osteopathic medicine who-- 7,a7 has at least #c years of post-graduate1 post-registration experience in general and emergency medicine2 or 7,b7 is certified by the ,american ,board of ,medical ,specialties1 or any other certifying body designated by the ,secretary1 in emergency medicine1 family medicine1 or internal medicine4 7#e7 ,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 training4 4 #bjb4 ,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 #bja7;a77#c7 of this ,act1 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 available the log book described in subparagraph 7,a71 the ,captain's log1 the security log1 the engine room log1 all other logs1 and all entries of the log books or logs described in this subparagraph1 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#c71 as redesignated under section #bja7;a77#c7 of this ,act1 is amended-- 7#a7 in subparagraph 7,a77i7-- 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 involving2 and 7#b7 in subparagraph 7,b77i71 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 ,states1 as defined in section #g of title #ah14 7c7 ,crime reporting guidelines ,section #cebc7;g77#a77;,a71 as redesignated under section #bja7;a77#c7 of this ,act 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 #bja7;a77#c7 of this ,act1 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 special maritime and territorial jurisdiction of the ,united ,states1 as defined in section #g of title #ah1 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 as soon as possible1 but not later than #d hours after arrival at the port4 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 #afajf7;i72 and 7#b7 in clause 7iii71 by striking under paragraph 7#d77;,a7 and inserting under section #afajf7;i74 7g7 ,availability of security guide via ,internet ,section #cebc7;c77#a71 as redesignated under section #bja7;a77#c7 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 vessel owner maintains for applicable passengers to purchase or book passage on a passenger vessel4 7h7 ,reporting requirements ,section #cebc1 as redesignated under section #bja7;a77#c7 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 subsection 7g7 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 7#b7 ,effect on other reporting requirements ,requirements under this subsection supplement and do not amend1 or serve as a substitute for1 the reporting requirements of section #ajajd of this title or any other provision of law4 4 #bjc4 ,crime prevention1 documentation1 and response requirements 7a7 ,maintenance and placement of video surveillance equipment ,section #cebc7;b77#a77;,b71 as redesignated under section #bja7;a77#c7 of this ,act1 is amended-- 7#a7 in subclause 7,,ii7 of clause 7ii71 by striking to the maximum extent practicable2 7#b7 by redesignating subclause 7,,iv7 of clause 7ii7 as clause 7iii71 and adjusting the margins appropriately2 7#c7 by inserting after subclause 7,,iii7 of clause 7ii7 the following3 7,,iv7 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 ,commandant4 2 and 7#d7 in clause 7iii71 as redesignated by paragraph 7#b71 by striking the independent party referred to in paragraph 7,c7 and inserting the following3 ,independent third party4--,the independent party referred to in clause 7ii77,,iii74 7b7 ,access to video records ,section #cebc7;b77#c77;,b71 as redesignated under section #bja7;a77#c7 of this ,act1 is further amended-- 7#a7 in the matter preceding clause 7i71 by striking ,except as proscribed by law enforcement authorities or court order1 the and inserting ,the2 and 7#b7 in clause 7ii71 by striking of any sexual assault incident4 7c7 ,notice of video surveillance ,section #cebc7;b77#b71 as redesignated under section #bja7;a77#c7 of this ,act1 is further amended by striking this section applies and inserting this subchapter applies4 7d7 ,retention requirements ,section #cebc7;b77#d71 as redesignated under section #bja7;a77#c7 of this ,act1 is amended-- 7#a7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and adjusting the margins appropriately2 7#b7 by striking ,the owner of a vessel to which this section applies and inserting the following3 7,a7 ,in general ,the owner of a vessel to which this subchapter applies 2 7#c7 by striking #bj days after the footage is obtained and inserting #a year after completion of the voyage2 7#d7 in clause 7ii7 of subparagraph 7,a71 as redesignated by this subsection1 by striking #d years and inserting #e years2 and 7#e7 by adding at the end the following3 7,b7 ,interim standards ,not later than #ahj days after the date of enactment of the ,cruise ,passenger ,protection ,act of #bjbd1 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 enactment of the ,cruise ,passenger ,protection ,act of #bjbd1 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 #bja7;a77#c7 of this ,act1 is amended by striking or detecting passengers who have fallen overboard1 and inserting and detecting passengers who have fallen overboard1 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 #ccaf7;b7 of this title14 7f7 ,criminal activity prevention and response guide ,section #cebc7;c77#a71 as amended by section #bjb7;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 #afajf1 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 #afajf7;e72 7iv7 includes the summary under section #afajd7;a72 7v7 includes the toll-free hotline telephone number and consumer complaints ,internet website link under section #afajd7;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 #afajf7;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 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 7g7 ,maintenance of supplies ,to prevent sexually transmitted diseases ,section #cebc7;d77#a71 as redesignated by section #bja7;a77#c7 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 7h7 ,sexual assault2 contact information ,section #cebc7;d77#e77;,a71 as redesignated by section #bja7;a77#c7 of this ,act1 is amended by striking the ,united ,states ,coast ,guard14 7i7 ,sexual assault2 private telephone line ,section #cebc7;d77#e77;,b71 as redesignated by section #bja7;a77#c7 of this ,act1 is amended by inserting under section #afajf or after the information and support services available4 7j7 ,crime scene preservation training ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of the department in which the ,coast ,guard is operating shall-- 7#a7 promulgate a rule establishing the standards and curricula to allow for the certification of passenger vessel security personnel1 crewmembers1 and law enforcement officials on the appropriate methods for prevention1 detection1 evidence preservation1 and reporting of criminal activities in the international maritime environment1 as required under subsection 7a7 of section #cebd of title #df1 ,united ,states ,code 7as redesignated by section #bja7;a77#c7 of this ,act72 and 7#b7 publish the rule and the most recent curricula described in paragraph 7#a7 on the website of the department4 7k7 ,crew access to passenger staterooms2 procedures and restrictions ,section #cebc7;f77#b71 as redesignated by section #bja7;a77#c7 of this ,act1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 and 7,b7 by inserting after subparagraph 7,b7 the following3 7,c7 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 paragraph 7#b7 and inserting the following3 7#b7 ensure that the procedures and restrictions are-- 7,a7 fully and properly implemented2 7,b7 reviewed annually2 and 7,c7 updated as necessary4 4 7l7 ,requirements for reporting ,subsection 7i7 of section #cebc1 as added by section #bjb7;h7 of this ,act1 is further amended by adding at the end the following3 7#c7 ,applicability of requirements ,any reporting requirement under this section relating to an incident specified in subsection 7g77#c77;,a77i7 is required without regard as to whether the ,federal ,bureau of ,investigation has opened a formal investigation relating to the incident4 4 #bjd4 ,passenger vessel security and safety requirements 7a7 ,vessel design1 equipment1 construction1 and retrofitting requirements ,section #cebc7;a71 as redesignated by section #bja7;a77#c7 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 7,b7 shall maintain a record of each waiver under subparagraph 7,a72 and 7,c7 shall include in such record the justification for the waiver4 4 7b7 ,medical standards 7#a7 ,medical standards ,section #cebe1 as redesignated by section #bja7;a77#c7 of this ,act1 is amended-- 7,a7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 7,b7 by inserting after paragraph 7#a7 the following3 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 regulation by the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services2 2 7,c7 in paragraph 7#c71 as redesignated by subparagraph 7,a71 by striking 2 and and inserting or any successor standard22 7,d7 in paragraph 7#d71 as redesignated by subparagraph 7,a7-- 7i7 in subparagraph 7,a71 by striking and after the semicolon2 7ii7 in subparagraph 7,b71 by striking the period and inserting a semicolon2 and 7iii7 by adding at the end the following3 7,c7 the location and proper use of automated external defibrillators2 and 7,d7 the proper way to report an incident or to seek security assistance in the event of a medical emergency2 2 and 7,e7 by adding at the end the following3 7#e7 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-- 7,a7 such request is granted-- 7i7 unless-- 7,i7 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 autopsy2 or 7,,ii7 the vessel is scheduled to enter the domestic jurisdiction of such a country as part of the scheduled voyage2 and 7ii7 except that1 in cases in which the vessel is not scheduled to return to a ,united ,states port for #ba or more days after the citizen's death1 arrangements may be made to return the body on a different appropriate vessel2 and 7,b7 the owner of the vessel pays for any transportation costs related to the return2 7#f7 every crew member on the vessel has received basic life support training and is certified in cardiopulmonary resuscitation2 and 7#g7 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 language1 including-- 7,a7 at least a ,basic score on the ,test of ,english as a ,foreign ,language for both listening and speaking2 7,b7 at least a #d ,skill ,level score on the ,international ,english ,language ,testing ,system for both listening and speaking2 or 7,c7 at least a basic level of proficiency for listening and speaking on another test of the ,english ,language designated by the ,secretary4 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 enactment of this ,act4 #bje4 ,enforcement 7a7 ,penalties for ,violation of ,passenger ,vessel ,security and ,safety ,requirements ,section #cebc7;h77#a77;,a71 as redesignated by section #bja7;a77#c7 of this ,act1 is amended by striking 1 except that and all that follows through #ej1jjj4 7b7 ,information sharing ,subchapter ,,ii of chapter #ce1 as amended by this ,act1 is further amended by adding at the end the following3 #cebg4 ,information sharing 7a7 ,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 this subchapter4 ,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 of1 or otherwise effect1 any privilege any agency or person may claim with respect to that information under ,federal or ,state law4 7b7 ,definition of head of a designated agency ,in this section1 the term head of a designated agency means the ,secretary of ,transportation1 the ,secretary of ,homeland ,security1 or the ,attorney ,general4 4 7c7 ,enforcement ,subchapter ,,ii of chapter #ce1 as amended by this ,act1 is further amended by adding at the end the following3 #cebh4 ,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 subchapter or chapter #afa2 or 7#b7 fails to pay a penalty imposed on the owner under this subchapter or chapter #afa4 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 it is made aware by the ,secretary of the ,department of ,transportation or the ,attorney ,general that the owner of the vessel-- 7#a7 commits an act or omission for which a penalty may be imposed under this subchapter or chapter #afa2 or 7#b7 fails to pay a penalty imposed on the owner under this subchapter or chapter #afa4 4 #bjf4 ,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 7#b7 in section #cebd1 by striking to which this section applies each place such phrase appears and inserting to which this subchapter applies2 7#c7 in section #cebe1 by striking to which section #cejg applies and inserting to which this subchapter applies2 and 7#d7 in section #cebf-- 7,a7 by striking to which section #cejg applies and inserting to which this subchapter applies2 7,b7 by striking 7a7 ,automated external defibrillators4--2 and 7,c7 by striking subsection 7b74 7b7 ,availability of incident data via ,internet ,section #cebc7;g71 as redesignated under section #bja7;a77#c7 of this ,act1 is amended by striking paragraph 7#d74 7c7 ,reporting requirements ,section #hddj7;c77#b7 of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act of #bjba is amended by striking #cejg of title #df1 ,united ,states ,code and inserting #cebc of title #df1 ,united ,states ,code 7designated as section #cejg of such title before the date of enactment of the ,cruise ,passenger ,protection ,act of #bjbd714 7d7 ,table of contents ,the table of sections for chapter #ce is amended-- 7#a7 by inserting before the item relating to section #ceja the following3 ,subchapter ,i-,general provisions 2 7#b7 by inserting after the item relating to section #cejf the following3 ,subchapter ,,ii-,cruise vessels 2 and 7#c7 by striking the items relating to sections #cejg1 #cejh1 #ceji1 and #ceaj and inserting the following3 #ceba4 ,application4#cebb4 ,definitions4#cebc4 ,passenger vessel security and safety requirements4#cebd4 ,crime scene preservation training for passenger vessel crewmembers4#cebe4 ,medical standards4#cebf4 ,additional medical and safety standards4#cebg4 ,information sharing4#cebh4 ,refusal of clearance2 denial of entry4 4 #bjg4 ,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 and 7,c7 is on a voyage that embarks or disembarks passengers in the ,united ,states4 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 cruise ship voyage1 after commercial aviation accident2 and 7#d7 in subsection 7c71 by inserting 1 or 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