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L Office of Maritime Consumer Protection
161 Office of Maritime Consumer Protection
16101. Definitions.16102. Application.16103. Office of Maritime Consumer Protection.16104. Covered passenger vessel consumer service improvements.16105. Invalidation of pre-dispute arbitration and class action waiver clauses in certain contracts relating to covered passenger vessel transportation.16101. Definitions
In this chapter:(1) Applicable passenger
The term applicable passenger means a passenger on a covered passenger vessel who is a citizen of the United States.(2) Assistant General Counsel
The term Assistant General Counsel means the Assistant General Counsel for the Office of Maritime Consumer Protection.(3) Covered passenger vessel
The term covered passenger vessel means a passenger vessel or small passenger vessel to which this chapter applies, in accordance with section 16102 of this title.(4) Key terms
The term key terms includes terms related to undisclosed costs and fees, indemnification, waivers, limitations on liability, notice of claim and actions, time limitations, arbitration, forum, and jurisdiction.(5) Office
The term Office means the Office of Maritime Consumer Protection.(6) Owner
The term owner means the owner, charterer, managing operator, master, or other individual in charge of a vessel.(7) Passage contract
The term passage contract means a binding agreement for passage on a covered passenger vessel.(8) Secretary
Notwithstanding section 2101 of this title, the term Secretary means the Secretary of Transportation.16102. Application
(a) In general
This chapter applies to passenger vessels and small passenger vessels.(b) Federal and State vessels
This chapter does not apply to—(1) a vessel of the United States operated by the Federal Government; or(2) a vessel owned and operated by a State.16103. Office of Maritime Consumer Protection
(a) Establishment
There is established within the Office of the General Counsel of the Department of Transportation an Office of Maritime Consumer Protection.(b) Head
The Office shall be headed by the Assistant General Counsel for the Office of Maritime Consumer Protection.(c) Duties
The Office shall—(1) serve as the primary entity of the Department of Transportation with respect to consumer protection issues relating to covered passenger vessels (unless otherwise provided under law), including—(A) carrying out the requirements of this chapter;(B) providing assistance to the industry regarding compliance assistance under this chapter;(C) processing consumer complaints regarding the requirements of this chapter and other consumer complaints regarding covered passenger vessels;(D) inspecting covered passenger vessels to ensure that owners of such vessels have knowledge of the consumer protection requirements that apply;(E) investigating potential consumer protection violations regarding maritime travel; and(F) pursuing enforcement of such violations; and(2) serve as the implementing office for the duties of the Secretary under section 102 of the Cruise Passenger Protection Act of 2025.16104. Covered passenger vessel consumer service improvements
(a) Passage contracts
(1) Development of standards
(A) Passenger vessels
Not later than 180 days after the date on which the advisory committee makes its recommendations under section 102(b)(6)(C) of the Cruise Passenger Protection Act of 2025, the Secretary, acting through the Assistant General Counsel, shall develop standards for use by an owner of a covered passenger vessel that is a passenger vessel or, subject to subparagraph (B), a small passenger vessel, to provide a prospective applicable passenger with a summary that highlights key terms in the passage contract and is provided before such terms are binding.(B) Small passenger vessels
The Secretary shall determine the extent to which standards developed under subparagraph (A) shall apply with respect to passage contracts for small passenger vessels.(2) Consultation
In developing the standards under paragraph (1), the Secretary may consult with other Federal agencies, persons with expertise on admiralty and maritime law, consumer advocates, industry representatives, and such other persons as the Secretary considers necessary.(3) Statute of limitations
The statute of limitations for filing a lawsuit against the owner of a covered passenger vessel, which shall not be shorter than 3 years, shall be clearly identified in the passage contract described in paragraph (1).(4) Recommendations
The standards developed under paragraph (1) shall include recommendations regarding—(A) style, formatting, and placement that ensures that the summary is conspicuous; and(B) terminology that ensures that the summary is—(i) clear, unambiguous, and unmistakable; and(ii) to the greatest extent possible, uniform, concise, and not complex.(5) Periodic review
The Secretary shall periodically review and update, as appropriate, the standards developed under paragraph (1).(6) Requirements
Beginning on the date that is 180 days after the date on which the standards are developed under paragraph (1), an owner of a covered passenger vessel shall—(A) provide each prospective applicable passenger with a summary in accordance with the standards that apply to the covered passenger vessel under paragraph (1);(B) 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 vessel; and(C) include the summary in any promotional literature or advertising, through any medium of communication in the United States offering passage or soliciting applicable passengers for ocean voyages anywhere in the world, that the Secretary considers necessary to adequately notify a prospective applicable passenger of the key terms in the passage contract before such terms are binding.(7) Preemption
The standards developed under paragraph (1) 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 subsection, as determined by the Secretary.(b) Covered passenger vessel consumer complaints
(1) Toll-free hotline and Internet website link for consumer passenger vessel complaints
The Secretary, acting through the Assistant General Counsel, shall—(A) establish a consumer complaints toll-free hotline telephone number for applicable passengers;(B) establish a consumer complaints link for use by applicable passengers on the internet website maintained under section 16106(i); and(C) notify the public of—(i) the telephone number established under subparagraph (A); and(ii) the internet website maintained under section 16106(i).(2) Website
The Secretary, acting through the Assistant General Counsel, shall—(A) maintain a statistical compilation of all consumer complaints on the internet website under section 16106(i) that provides a numerical accounting of each category of consumer complaint;(B) update the data referred to in subparagraph (A) not less frequently than monthly;(C) aggregate such data by covered passenger vessel; and(D) identify each covered passenger vessel by name.(3) Investigations of consumer complaints
The Secretary, acting through the Assistant General Counsel and in coordination with other relevant Federal agencies, may investigate consumer complaints from applicable passengers, including—(A) cancellations, delays, and port skipping;(B) lost, damaged, and delayed baggage;(C) conditions on board the covered passenger vessel;(D) problems in obtaining refunds for unused or lost tickets or fare adjustments;(E) incorrect or incomplete information about fares, discount fare conditions and availability, overcharges, and fare increases;(F) deceptive or misleading advertising; and(G) compliance with Federal regulations.(4) 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 action, as appropriate.(5) Notice to passengers
(A) Internet websites
Each owner of a covered passenger vessel shall include, 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—(i) the telephone number established under paragraph (1)(A);(ii) the consumer complaints link established under paragraph (1)(B); and(iii) any other information necessary for an applicable passenger to submit a consumer complaint for resolution.(B) 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 (1) on—(i) any promotional literature or advertising, through any medium of communication in the United States offering passage or soliciting applicable passengers for ocean voyages on covered passenger vessels, that the Secretary considers necessary to adequately notify such prospective passenger of the telephone number and internet address; and(ii) any electronic confirmation of the purchase of passage on a covered passenger vessel.(c) Penalties
(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. The Secretary, acting through the Assistant General Counsel, may bring an action to pursue a penalty under this paragraph in an appropriate district court of the United States.(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.(d) Rulemaking
The Secretary, acting through the Assistant General Counsel, shall issue such regulations as are necessary to implement this section.16105. Invalidation of pre-dispute arbitration and class action waiver clauses in certain contracts relating to covered passenger vessel transportation
(a) Covered contract
In this section, the term covered contract means a contract for the purchase of a ticket for transportation on a covered passenger vessel.(b) Arbitration
Notwithstanding any other provision of law, arbitration may be used to settle a controversy arising from or relating to a provision of a covered contract only if, after the controversy arises, all parties to the controversy consent, in writing, to use arbitration to settle the controversy.(c) Class Actions
Notwithstanding any other provision of law, no predispute joint-action waiver shall be valid or enforceable with respect to any alleged claim regarding a covered contract.(d) Court determinations
An issue as to whether this section applies with respect to a dispute shall be determined under Federal law. The applicability of this section to an agreement to arbitrate and the validity and enforceability of a covered contract shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the covered contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator.(e) Applicability
This section shall apply with respect to contracts entered into, or renewed, on or after the date of the enactment of the Cruise Passenger Protection Act of 2025.
16106. Assistance to victims of crimes on board certain passenger vessels
(a) Purpose
The purpose of this section is to provide to an applicable passenger who is an alleged victim of an incident described in section 3523(g)(3)(A)(i)—(1) a written summary of rights described in subsection (e);(2) a primary point of contact within the Federal Government; and(3) a means of obtaining immediate, free, and confidential support services.(b) Director of victim support services
(1) Establishment
There shall be a director of victim support services of the Office.(2) Designation; public outreach
(A) Interim director
Not later than 30 days after the date of enactment of the Cruise Passenger Protection Act of 2025, the Secretary shall designate an employee of the Department of Transportation as the interim director of victim support services, who shall serve in such position until a final designation or appointment is made under subparagraph (B).(B) Final designation and public outreach
Not later than 180 days after the date of enactment of the Cruise Passenger Protection Act of 2025, the Secretary, in consultation with the Department of Justice and other relevant Federal agencies, shall—(i) appoint an individual to serve as the director of victim support; and(ii) determine an effective way to publicize the toll-free telephone number under subsection (c) and the availability of support services under this section.(3) Responsibilities
The director of victim support services shall—(A) be responsible for acting as a primary point of contact within the Federal Government for any applicable passenger described in subsection (a);(B) coordinate with one or more nonprofit organizations or other entities that can provide the types of support services described in subsection (d);(C) establish a process for an applicable passenger described in subsection (a) to obtain the appropriate types of support services described in subsection (d);(D) recommend a process for an applicable passenger described in subsection (a) to obtain an appropriate continuum of care;(E) recommend a process for an applicable passenger described in subsection (a) to obtain information on the status of any related criminal investigation;(F) develop guidance, consistent with the purpose of this section, for the security guide under section 3523(c)(1), 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 3523(g)(3)(A)(i);(G) periodically update that guidance, as necessary; and(H) be the primary liaison between an applicable passenger described in subsection (a) and—(i) the owner of the passenger vessel;(ii) any relevant Federal agency;(iii) any relevant United States embassy or United States consulate; and(iv) any other person that the director of victim support services considers necessary to carry out the purpose of this section.(c) Toll-Free telephone number
The Secretary shall establish a toll-free telephone number, available 24 hours each day, that an applicable passenger described in subsection (a) can call to initiate the process under subsection (b)(3)(C).(d) Support services
The director of victim support services shall determine the types of support services that an applicable passenger described in subsection (a) can obtain, such as—(1) directions on how to report an incident described in section 3523(g)(3)(A)(i) to appropriate authorities;(2) an explanation of, or assistance completing, necessary forms to report an incident described in section 3523(g)(3)(A)(i);(3) an explanation of how, or assistance to, obtain support services under this section;(4) arranging, if appropriate, for mental health and counseling services;(5) arranging, if possible, for education regarding and advocacy during applicable criminal justice proceedings; and(6) communicating with that applicable passenger as to the roles of the organization or entities described in subsection (b)(3)(B), government agencies, and the owner of the passenger vessel involved with respect to the incident and the post-incident activities.(e) Summary of rights
Not later than 180 days after the date of enactment of the Cruise Passenger Protection Act of 2025, the Secretary, acting through the Assistant General Counsel and in consultation with the Department of Justice, other relevant Federal agencies, nonprofit public interest groups with expertise in victim assistance, and such other persons that the Secretary considers necessary, shall—(1) determine what rights an applicable passenger described in subsection (a) may have under law, such as the right to contact the Federal Bureau of Investigation to report the crime, the right to contact the director of victim support services, and the right to speak confidentially to Federal law enforcement, the director of victim support services, and any other third-party victim advocate without any representative or employee of the passenger vessel present;(2) develop a written summary of those rights; and(3) establish a process for an applicable passenger described in subsection (a) to receive the written summary of rights as soon as practicable after an alleged incident described under section 3523(g)(3)(A)(i).(f) Guardians and relatives
If an applicable passenger described in subsection (a) is deceased or is a minor, or under such other circumstances that the director of victim support services considers necessary, the director may provide support services under this section to a guardian or relative of that applicable passenger.(g) Use of passenger vessel resources
As appropriate, the resources of the passenger vessel shall be used to the greatest extent possible to carry out the purpose of this section.(h) 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 3523(g)(3)(A)(i).(i) Availability of incident data via Internet
(1) In general
The Secretary, acting through the Assistant General Counsel, shall maintain a statistical compilation of all incidents described in section 3523(g)(3)(A) on an internet website that provides a numerical accounting of the missing persons and alleged crimes duly recorded in each report filed under section 3523(g)(3). Each incident described in section 3523(g)(3)(A) shall be included in the statistical compilation irrespective of its investigative status.(2) Updates
The Secretary shall ensure that the data described in paragraph (1)—(A) is updated not less frequently than monthly;(B) is aggregated by cruise line;(C) identifies each cruise line by name;(D) identifies each crime and alleged crime as to whether it was committed or allegedly committed by a passenger or a crew member;(E) identifies each crime and alleged crime as to whether it was committed or allegedly committed against a minor;(F) identifies the number of alleged individuals overboard; and(G) is compiled on the internet website in a user-friendly format.(3) 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 (1) on each internet website that the owner maintains for prospective applicable passengers to purchase or book passage on the passenger vessel.(j) Regulations
The Secretary shall issue such regulations as are necessary to implement this section.
PART L—Office of Maritime Consumer Protection161.Office of Maritime Consumer Protection16101
16106. Assistance to victims of crimes on board certain passenger vessels.
I General provisions
II Cruise vessels
3521. Application
(a) In general
This subchapter applies to a passenger vessel that—(1) is authorized to carry 250 or more passengers;(2) has overnight accommodations for 250 or more passengers; and(3) is on a voyage that embarks or disembarks passengers in the United States.(b) Federal and State vessels
Notwithstanding subsection (a), this subchapter does not apply to—(1) a vessel of the United States operated by the Federal Government; or(2) a vessel owned and operated by a State.
3522. Definitions
In this subchapter:(1) Exterior deck
The term exterior deck means any exterior weather deck on which a passenger may be present, including passenger stateroom balconies, exterior promenades on passenger decks, muster stations, and similar exterior weather deck areas.(2) Owner
The term owner means the owner, charterer, managing operator, master, or other individual in charge of a vessel.(3) Applicable passenger
The term applicable passenger means a passenger carried on a passenger vessel who is a citizen of the United States.(4) Physician
The term physician means a doctor of medicine or doctor of osteopathic medicine who—(A) has at least 3 years of post-graduate, post-registration experience in general and emergency medicine; or(B) is certified by the American Board of Medical Specialties, or any other certifying body designated by the Secretary, in emergency medicine, family medicine, or internal medicine.(5) 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 training.
(iv) any other criminal offenses reported to the Federal Bureau of Investigation through the Uniform Crime Reporting Program,
(C) Reports before departure
If an employee of a vessel to which this subchapter applies is notified of an incident under subparagraph (A)(i) while the vessel is within the special maritime and territorial jurisdiction of the United States, as defined in section 7 of title 18, and en route to a United States port or at a United States port, the owner of the vessel (or the owner's designee) shall contact the nearest Federal Bureau of Investigation Field Office or Legal Attaché not later than the time specified under subparagraph (A)(i) or before the vessel departs port, whichever is earlier.
(D) Reports to United States consulates
If an incident described in subparagraph (A)(i) allegedly involves an offense by or against a United States national, in addition to contacting the nearest Federal Bureau of Investigation Field Office or Legal Attaché under that subparagraph, the owner of a vessel to which this subchapter applies (or the owner's designee) shall contact the United States consulate at the next port of call as soon as possible, but not later than 4 hours after arrival at the port.
(i) Reporting requirements
(1) Provision to State fusion centers
(A) In general
Any records (including electronic records), information, or written documentation provided to any source under subsection (g) shall also be provided to the State fusion center (as described in section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h)) for the State in which the applicable port described in subparagraph (B) is located.(B) Applicable port
For purposes of this paragraph, the applicable port shall be the port from which a vessel originally embarks or the port at which the vessel disembarks, whichever port is nearest when the alleged incident occurs.(2) Effect on other reporting requirements
Requirements under this subsection supplement and do not amend, or serve as a substitute for, the reporting requirements of section 10104 of this title or any other provision of law.
(IV) 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 Commandant.
(A) In general
The owner of a vessel to which this subchapter applies
(B) Interim standards
Not later than 180 days after the date of enactment of the Cruise Passenger Protection Act of 2025, the Commandant, in consultation with the Federal Bureau of Investigation, shall promulgate interim standards for the retention of records of video surveillance.(C) Final standards
Not later than 1 year after the date of enactment of the Cruise Passenger Protection Act of 2025, the Commandant, in consultation with the Federal Bureau of Investigation, shall promulgate final standards for the retention of records of video surveillance.(D) Considerations
In promulgating standards under subparagraphs (B) and (C), the Commandant shall—(i) consider factors that would aid in the investigation of serious crimes, including crimes that go unreported until after the completion of a voyage;(ii) consider the different types of video surveillance systems and storage requirements in creating standards both for vessels currently in operation and for vessels newly built;(iii) consider privacy, including standards for permissible access to and monitoring and use of the records of video surveillance; and(iv) consider technological advancements, including requirements to update technology.
(ii) describes the availability of support services under section 16106, including any contact information provided by the Secretary of Transportation or director of victim support services under that section;(iii) includes the summary of rights under section 16106(e);(iv) includes the summary under section 16104(a);(v) includes the toll-free hotline telephone number and consumer complaints internet website link under section 16104(b);
(vii) includes such other information as the Secretary of Transportation recommends under section 16106(b)(3)(F);
(B) provide a copy of the security guide to—(i) the Secretary of Transportation for review; and(ii) the Federal Bureau of Investigation for comment;
(C) immediately after the vessel is notified that a passenger is an alleged victim of an incident described under subsection (g)(3)(A)—(i) provide the passenger with a copy of the security guide; and(ii) 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 vessel; and
(C) a system that electronically records the date, time, and identity of each crew member accessing each passenger stateroom; and
(2) ensure that the procedures and restrictions are—(A) fully and properly implemented;(B) reviewed annually; and(C) updated as necessary.
(3) Applicability of requirements
Any reporting requirement under this section relating to an incident specified in subsection (g)(3)(A)(i) is required without regard as to whether the Federal Bureau of Investigation has opened a formal investigation relating to the incident.
(3) Waivers; record of waivers
The Secretary—(A) may waive a requirement under paragraph (1) as the Secretary determines necessary;(B) shall maintain a record of each waiver under subparagraph (A); and(C) shall include in such record the justification for the waiver.
(2) 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 vessel, as determined by regulation by the Secretary, in consultation with the Secretary of Health and Human Services;
(C) the location and proper use of automated external defibrillators; and(D) the proper way to report an incident or to seek security assistance in the event of a medical emergency;
(5) 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—(A) such request is granted—(i) unless—(I) 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 autopsy; or(II) the vessel is scheduled to enter the domestic jurisdiction of such a country as part of the scheduled voyage; and(ii) except that, in cases in which the vessel is not scheduled to return to a United States port for 21 or more days after the citizen's death, arrangements may be made to return the body on a different appropriate vessel; and(B) the owner of the vessel pays for any transportation costs related to the return;(6) every crew member on the vessel has received basic life support training and is certified in cardiopulmonary resuscitation; and(7) 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 language, including—(A) at least a “Basic” score on the Test of English as a Foreign Language for both listening and speaking;(B) at least a “4 Skill Level” score on the International English Language Testing System for both listening and speaking; or(C) at least a basic level of proficiency for listening and speaking on another test of the English Language designated by the Secretary.
3527. Information sharing
(a) In general
To the extent not prohibited by other law, 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 subchapter. 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 of, or otherwise effect, any privilege any agency or person may claim with respect to that information under Federal or State law.(b) Definition of head of a designated agency
In this section, the term head of a designated agency means the Secretary of Transportation, the Secretary of Homeland Security, or the Attorney General.
3528. Refusal of clearance; denial of entry
(a) Clearance
The Secretary of Homeland Security may withhold or revoke the clearance required under section 60105 of any vessel of the owner of a vessel to which this subchapter applies, wherever the vessel is found, if the owner of the vessel—(1) commits an act or omission for which a penalty may be imposed under this subchapter or chapter 161; or(2) fails to pay a penalty imposed on the owner under this subchapter or chapter 161.(b) 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—(1) commits an act or omission for which a penalty may be imposed under this subchapter or chapter 161; or(2) fails to pay a penalty imposed on the owner under this subchapter or chapter 161.
Subchapter I–General provisions
Subchapter II–Cruise vessels
3521. Application.3522. Definitions.3523. Passenger vessel security and safety requirements.3524. Crime scene preservation training for passenger vessel crewmembers.3525. Medical standards.3526. Additional medical and safety standards.3527. Information sharing.3528. Refusal of clearance; denial of entry.