Overview

Title

To improve passenger vessel security and safety, and for other purposes.

ELI5 AI

The Cruise Passenger Protection Act of 2024 is like a set of new rules to keep people safe and happy when they go on big boats called cruise ships. It makes sure there are safety cameras, clear information, and help if anything bad happens.

Summary AI

The Cruise Passenger Protection Act of 2024 aims to enhance the security and safety of cruise ship passengers. It establishes new standards for passenger rights, consumer protection, crime reporting, and assistance for victims of crime on cruise ships. The bill also mandates better video surveillance, establishes a toll-free complaint line, and requires cruise ships to provide clear information on potential additional costs and legal rights. Additionally, it introduces stringent penalties for violations and ensures necessary medical standards and support are available on board.

Published

2024-08-01
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-08-01
Package ID: BILLS-118s4947is

Bill Statistics

Size

Sections:
23
Words:
11,315
Pages:
56
Sentences:
189

Language

Nouns: 3,123
Verbs: 875
Adjectives: 490
Adverbs: 109
Numbers: 446
Entities: 406

Complexity

Average Token Length:
4.23
Average Sentence Length:
59.87
Token Entropy:
5.42
Readability (ARI):
31.71

AnalysisAI

General Summary of the Bill

The proposed legislation, titled the Cruise Passenger Protection Act of 2024, aims to enhance the safety and security of passengers on U.S. passenger vessels, including cruise ships. Introduced by Senators Blumenthal and Markey in the Senate, this Act focuses on improving consumer protection services, establishing a cruise line passenger bill of rights, and implementing crime reporting and prevention measures on board vessels. Additionally, it aims to restructure penalties for violations, establish frameworks for assisting crime victims, and address consumer complaints through the establishment of a new Office of Maritime Consumer Protection under the Department of Transportation.

Summary of Significant Issues

In reviewing the bill, several significant issues arise:

  1. Discrimination Concerns: The definition of "applicable passenger" is limited to U.S. citizens, excluding non-citizens from protections, which could be seen as discriminatory.

  2. Arbitration Clause Invalidation: The bill invalidates pre-dispute arbitration and class action waiver clauses for passenger vessel contracts, potentially leading to legal challenges from the industry used to such practices.

  3. State vs. Federal Standards: The bill allows federal standards for passage contracts to preempt state standards, which might lead to conflicts with states that enforce stricter consumer protection regulations.

  4. Definition Ambiguities: Certain terms, such as "owner" and "qualified medical staff member," are broadly defined, possibly creating confusion about specific roles and responsibilities.

  5. Surveillance and Privacy Implications: The bill proposes increased video surveillance retention without addressing privacy concerns or justifying potential costs, prompting questions about its impact on vessel operators.

Impact on the Public and Stakeholders

The bill's impact on the public is multifaceted:

  • Broad Public: For passengers, the bill could enhance safety and transparency when traveling on cruise ships, providing clearer contract terms and streamlined complaint processes. Access to assistance following any crime could offer peace of mind.

  • Industry Impact: Cruise lines might face challenges adapting to new legal frameworks and heightened operational requirements, especially with increased accountability for consumer protection practices. Compliance costs, particularly regarding video surveillance, may add financial burdens potentially passed on to consumers through higher prices.

  • State Governments: States could find their authority in certain consumer protection areas diminished, possibly leading to conflicts when state laws offer stricter regulations than federal standards.

  • Legal Landscape: By restricting arbitration clauses, the bill could lead to an increased number of lawsuits, impacting both consumers and businesses in terms of litigation costs and procedural delays.

Conclusion

Overall, the Cruise Passenger Protection Act of 2024 represents a concerted effort to bolster security and consumer rights in maritime travel. While its intentions are commendable, the bill raises concerns over discrimination, legal complexity, and potential financial strain. The ensuing balance of interests between federal authority and state governance, consumer rights, and industry practices will be crucial for stakeholders and the public. Lawmakers will need to consider these elements carefully to ensure that the legislation's benefits outweigh its challenges, fostering a safer and more consumer-friendly maritime environment.

Financial Assessment

The Cruise Passenger Protection Act of 2024 includes several provisions related to financial penalties and costs associated with improving passenger vessel security and safety. These financial aspects are pivotal in enforcing the bill's objectives but also present certain concerns and challenges that need to be addressed.

Financial Penalties

The bill imposes both civil and criminal penalties for violations of certain sections, specifically:

  • Civil Penalty: Up to $25,000 for each day a violation continues. This hefty daily penalty aims to ensure compliance with consumer protection and security measures on passenger vessels. However, the bill does not specify how these collected penalties will be utilized, which raises potential concerns about the misuse and transparency of collected funds. Clear guidelines regarding the allocation or reinvestment of these funds could enhance trust and accountability.

  • Criminal Penalty: A fine of up to $250,000 or imprisonment of up to one year, or both, for willful violations. This severe penalty underscores the bill's commitment to protecting passengers but may invite legal challenges, particularly from the cruise industry, regarding the fairness or application of these penalties.

Issues with Financial Implications

Several issues identified in the bill have significant financial implications:

  1. Use of Collected Penalties: The lack of specificity on how financial penalties will be used is a recurring issue. This concern highlights the need for clarity in financial management within the bill to prevent potential misuse of funds.

  2. Potential Litigation Costs: The invalidation of pre-dispute arbitration and class action waiver clauses could lead to legal challenges from the cruise industry. If the cruise industry seeks to overturn these provisions, there could be substantial litigation costs involved, which may ultimately affect the financial stability of the affected parties.

  3. Costs Related to Compliance with Standards: The requirement for the Secretary to develop standards for passage contracts and preempt state standards could lead to legal challenges from states, incurring further costs. These potential legal battles could affect both federal and state budgets.

  4. Increased Operational Costs: New obligations, such as maintaining a toll-free hotline, a comprehensive website for consumer complaints, and enhanced video surveillance, impose additional costs on the government and the cruise industry. The bill does not indicate how these costs will be covered or justified against their expected utility and effectiveness.

  5. Lack of Defined Process for Appeals: The lack of a clear appeals process for penalties and denial of entry (under sections like 3528) may lead to further financial burdens due to potential legal disputes, as vessel owners seek judicial remedies to contest decisions.

Overall, while the financial provisions outlined in the Cruise Passenger Protection Act of 2024 emphasize the importance of compliance and enforcement, they also necessitate greater clarity and transparency in fund allocation and management to prevent potential misuse and to ensure that the financial implications do not outweigh the benefits of enhanced passenger protection.

Issues

  • The broad definition of 'applicable passenger' in Section 16101 limits it to U.S. citizens, which may raise legal and ethical concerns regarding discrimination against non-citizens.

  • Section 16104 lacks specificity on how penalties collected from civil or criminal violations will be used, which raises potential concerns about misuse and transparency of collected funds.

  • The invalidation of pre-dispute arbitration and class action waiver clauses in Section 16105 could disrupt existing arbitration practices, potentially inviting legal challenges from the cruise industry.

  • Section 16104 requires the Secretary to develop standards for passage contracts and preempt state standards, which may lead to legal challenges from states with more stringent consumer protection laws.

  • The lack of a defined process for the selection or specific qualifications of the Assistant General Counsel in Sections 16103 and 104 may lead to concerns about ambiguous accountability in enforcement.

  • The section on crime reporting and public notice in 202 lacks clarity about the timelines and conditions for notifications, potentially leading to misunderstandings or procedural inconsistencies.

  • Section 3523 introduces substantial changes to video surveillance data retention without justifying the increased costs or addressing privacy concerns, potentially straining operators financially.

  • Section 16103 mentions a toll-free hotline and website that could incur significant costs without evidence of consumer utilization, suggesting potential financial inefficiencies.

  • The requirement for vessels to deny entry or be subject to penalties in Section 3528 lacks a clear appeals process, potentially leading to concerns about fairness or due process.

  • Section 3522's definition of 'owner' is very broad, covering a range of roles that might lead to confusion about their specific responsibilities and liabilities.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; references Read Opens in new tab

Summary AI

The section describes how the "Cruise Passenger Protection Act of 2024" can be referred to by its short title, and explains that any changes or repeals mentioned in the Act are specifically referring to parts of title 46 in the United States Code, unless stated otherwise.

2. Table of contents Read Opens in new tab

Summary AI

The document outlines the table of contents for a legislative act concerning passenger vessel consumer protection. It includes sections on improving consumer services for passenger vessels, establishing a cruise line passenger bill of rights, addressing crime reporting and prevention on vessels, and detailing safety and security requirements.

101. Covered passenger vessel consumer service improvements Read Opens in new tab

Summary AI

The legislation establishes the Office of Maritime Consumer Protection within the Department of Transportation to handle consumer protection issues related to passenger vessels. It includes the development of standards for clear communication of contract terms, the establishment of a consumer complaints hotline and website, and enforcement measures for violations, while also invalidating pre-dispute arbitration and class action waiver clauses in passenger vessel transportation contracts.

Money References

  • — “(1) CIVIL PENALTY.—The Secretary, acting through the Assistant General Counsel, may impose on any person that violates this section or a regulation under this section a civil penalty of not more than $25,000 for each day during which the violation continues.
  • “(2) CRIMINAL PENALTY.—Any person that willfully violates this section or a regulation under this section shall be fined not more than $250,000 or imprisoned not more than 1 year, or both.

16101. Definitions Read Opens in new tab

Summary AI

The section defines various terms related to maritime laws, such as "applicable passenger," which refers to U.S. citizens on specific passenger vessels, and "Assistant General Counsel," who works for the Office of Maritime Consumer Protection. It also clarifies what "covered passenger vessel" means and other terms like "key terms," "Office," "owner," "passage contract," and "Secretary," to ensure understanding of the law's applications.

16102. Application Read Opens in new tab

Summary AI

The section explains that the rules in this chapter apply to passenger vessels and small passenger vessels. However, it does not apply to vessels operated by the Federal Government or those owned and operated by a State.

16103. Office of Maritime Consumer Protection Read Opens in new tab

Summary AI

The bill establishes an Office of Maritime Consumer Protection within the Department of Transportation, led by the Assistant General Counsel. This office is responsible for handling consumer protection issues related to passenger vessels, assisting with compliance, processing complaints, inspecting vessels, investigating violations, and enforcing consumer protection laws in the maritime travel sector.

16104. Covered passenger vessel consumer service improvements Read Opens in new tab

Summary AI

The section outlines new requirements for passenger vessel owners to create clear summaries of their passage contracts, provide consumer complaint channels, and ensure transparency in advertising. It also details penalties for non-compliance and authorizes regulations to enforce these measures.

Money References

  • — (1) CIVIL PENALTY.—The Secretary, acting through the Assistant General Counsel, may impose on any person that violates this section or a regulation under this section a civil penalty of not more than $25,000 for each day during which the violation continues.
  • (2) CRIMINAL PENALTY.—Any person that willfully violates this section or a regulation under this section shall be fined not more than $250,000 or imprisoned not more than 1 year, or both.

16105. Invalidation of pre-dispute arbitration and class action waiver clauses in certain contracts relating to covered passenger vessel transportation Read Opens in new tab

Summary AI

The section explains that for contracts involving tickets for passenger vessels, any dispute can only be settled by arbitration if all parties agree in writing after the dispute arises and that class action waivers signed before a dispute are not enforceable. It also states that issues about the applicability of this rule are decided by the court under federal law for contracts made or renewed after a specific date in 2024.

102. Cruise line passenger bill of rights; advisory committee for covered passenger vessel consumer protection Read Opens in new tab

Summary AI

In this section, the bill aims to enhance consumer protection for cruise passengers by determining which rights in the international cruise line passenger bill of rights are enforceable under federal law and by establishing an advisory committee to recommend improvements for passenger vessel customer service. The advisory committee, composed of industry representatives, government officials, and public interest groups, will evaluate existing consumer protection programs and suggest necessary changes, while also advising on key terms that should be highlighted in passenger contracts.

103. Assistance to victims of crimes on board certain passenger vessels Read Opens in new tab

Summary AI

The section establishes a framework for assisting victims of crimes on certain passenger vessels, including creating a victim support services director and a toll-free hotline. The director coordinates with various organizations to provide immediate and confidential support, ensures passengers are informed of their rights, oversees public outreach, and maintains a statistical database of incidents available online.

16106. Assistance to victims of crimes on board certain passenger vessels Read Opens in new tab

Summary AI

This section of the bill aims to support victims of crimes on passenger vessels by establishing a director of victim support services and providing victims with resources such as a written summary of their rights, a primary contact within the government, and access to free, confidential services. It also includes setting up a toll-free number, utilizing vessel resources, and maintaining an online database of incidents, ensuring victims receive proper assistance and relevant information.

104. Clerical amendments Read Opens in new tab

Summary AI

The clerical amendments section of the bill introduces a new part to the table of chapters titled "Office of Maritime Consumer Protection" and adds a new section, "Assistance to victims of crimes on board certain passenger vessels," to the table of sections for chapter 161.

201. Cruise vessel chapter organization, application, and definitions Read Opens in new tab

Summary AI

The section organizing the Cruise Vessel Chapter sets up general provisions and cruise vessel-specific subchapters. It defines which vessels the rules apply to, excluding federally operated and state-owned vessels, and provides definitions for terms like "exterior deck," "owner," and "qualified medical staff member."

3521. Application Read Opens in new tab

Summary AI

This section outlines the regulations for passenger vessels, stating that it applies to those carrying at least 250 passengers, offering sleeping facilities, and starting or ending trips in the U.S. However, these rules do not apply to vessels operated by the Federal Government or those owned and operated by a State.

3522. Definitions Read Opens in new tab

Summary AI

This section defines key terms related to vessels, including “exterior deck” as any outside deck space accessible to passengers, "owner" as anyone in charge of a vessel, "applicable passenger" as a U.S. citizen passenger, "physician" as a doctor with specific credentials, and "qualified medical staff member" as someone certified in advanced life support skills.

202. Crime reporting and public notice Read Opens in new tab

Summary AI

The bill section amends existing laws to improve crime reporting on vessels by requiring various logs and records to be accessible to investigators, setting deadlines for notifying the FBI about incidents, and mandating reports to the Secretary of Transportation, United States consulates, and State fusion centers. It also ensures the availability of a security guide online and modifies other reporting requirements without replacing current laws.

203. Crime prevention, documentation, and response requirements Read Opens in new tab

Summary AI

The section outlines various amendments to laws related to crime prevention and response on passenger vessels. It includes changes to video surveillance requirements, access to video records, procedures for crew access to passenger rooms, retention of surveillance footage, maintenance of supplies to prevent sexually transmitted diseases, and the provision of support services and crime scene preservation training.

204. Passenger vessel security and safety requirements Read Opens in new tab

Summary AI

The section outlines new safety and medical standards for passenger vessels. It includes requirements for vessel design, such as unobstructed peepholes and emergency equipment access, as well as medical staffing and training, the return of deceased U.S. citizens' bodies, and language proficiency for crew members. Furthermore, it grants the Secretary the power to waive certain requirements with recorded justifications.

205. Enforcement Read Opens in new tab

Summary AI

The section outlines changes to penalties and enforcement measures related to passenger vessel security and safety requirements. It allows for the sharing of information between different federal agencies and grants the Secretary of Homeland Security the power to withhold or revoke a vessel's clearance if laws are violated, as well as deny entry to the U.S. for non-compliant vessels.

Money References

  • SEC. 205. Enforcement. (a) Penalties for Violation of Passenger Vessel Security and Safety Requirements.—Section 3523(h)(1)(A), as redesignated by section 201(a)(3) of this Act, is amended by striking “, except that” and all that follows through “$50,000”.

3527. Information sharing Read Opens in new tab

Summary AI

The section mandates that, unless there is a legal restriction, leaders from specific government agencies must share necessary information with each other to fulfill the requirements of the subchapter. It clarifies that sharing this information does not waive any legal privileges the agencies or individuals might have.

3528. Refusal of clearance; denial of entry Read Opens in new tab

Summary AI

The Secretary of Homeland Security can refuse or revoke a ship's clearance if the owner breaks certain rules or doesn't pay a fine. Similarly, the Coast Guard can deny entry to a ship into the U.S. under these same conditions if notified by certain government authorities.

206. Technical and conforming amendments Read Opens in new tab

Summary AI

The section makes several amendments related to chapter 35, including changing references from "section" to "subchapter" and removing specific subsections in certain parts. It also updates reporting requirements from a 2021 defense act, adjusts the table of contents for chapter 35 to organize sections under "General Provisions" and "Cruise Vessels," and revises section titles to reflect updated security, safety, and medical standards for passenger vessels.

207. Limitations in certain cases Read Opens in new tab

Summary AI

The section updates limitations and definitions in certain legal cases, specifically removing references to commercial aviation accidents and including definitions for "cruise ship" and "nonpecuniary damages". It clarifies that limitations apply not only to commercial aviation incidents but also to cruise ship voyages.