IN THE SENATE OF THE UNITED STATES
October 20, 2011
Mr. Kirk (for himself, Mr. Brown of Massachusetts, Mr. Cardin, and Mr. Kerry) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
To require operators of Internet websites that provide access to international travel services and market overseas vacation destinations to provide on such websites information to consumers regarding the potential health and safety risks associated with traveling to such vacation destinations, and for other purposes.
This Act may be cited as the
International Travelers Bill of Rights
Act of 2011.
In this Act:
The term Commission means the Federal Trade Commission.
Covered website operator
The term covered website operator means an individual or entity that operates an Internet website that provides access to international travel services. Such term includes an overseas vacation destination or a third party that operates an Internet website that offers international travel services.
International travel services
The term international travel services means a service that a consumer can use to reserve lodging at an overseas vacation destination.
Overseas vacation Destination
The term overseas vacation destination means a resort, hotel, retreat, hostel, or any other similar lodging located outside the United States.
The term United States means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
Providing information regarding the potential health and safety risks associated with overseas vacation destinations
A covered website operator shall provide to consumers information on the Internet website of the covered website operator, in a manner the website operator considers appropriate, regarding the potential health and safety risks associated with overseas vacation destinations marketed on such website, if any, including the following:
Information compiled by the Department of State, including Department of State country-specific travel warnings and alerts.
Information regarding the onsite health and safety services that are available to consumers at each overseas vacation destination, including whether the destination—
employs or contracts with a physician or nurse on the premises to provide medical treatment for guests;
employs or contracts with personnel, other than a physician, nurse, or lifeguard, on the premises who are trained in cardiopulmonary resuscitation;
has an automated external defibrillator and employs or contracts with 1 or more individuals on the premises trained in its use; and
employs or contracts with 1 or more lifeguards on the premises trained in cardiopulmonary resuscitation, if the overseas vacation destination has swimming pools or other water-based activities on its premises, or in areas under its control for use by guests.
Services not available 24 hours a day
If the onsite health and safety services described in subsection (a)(2) are not available 24 hours a day, 7 days a week, a covered website operator who provides information about such services under subsection (a) shall display the hours and days of availability on its Internet website in a manner the covered website operator considers appropriate.
Minimum requirement for obtaining information
If a covered website operator does not possess, with respect to an overseas vacation destination, information about the onsite health and safety services required to be displayed on its Internet website under subsection (a), the covered website operator shall, at a minimum, request such information from such destination.
Information not available
If onsite health
and safety services described in subsection (a)(2) are not available at an
overseas vacation destination, or if a covered website operator does not
possess information about the onsite health and safety services required to be
displayed on its Internet website under subsection (a), the covered website
operator shall display on the Internet website of the website operator, in a
manner the website operator considers appropriate, the following:
destination does not provide certain health and safety services, or information
regarding such services is not available..
A covered website provider shall not be liable in a civil action in a Federal or State court relating to inaccurate or incomplete information published under subsection (a) regarding an overseas vacation destination that is not owned or operated by the covered website provider if—
such information was provided by the overseas vacation destination; and
the covered website provider published such information without knowledge that such information was inaccurate or incomplete, as the case may be.
Enforcement by Federal Trade Commission
Unfair or deceptive acts of practices
A violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
Powers of Commission
The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act.
Deadline for issuance of regulations
The Commission shall prescribe regulations to carry out this Act not later than 1 year after the date of the enactment of this Act.
Department of State records of overseas deaths of United States citizens from nonnatural causes
Increased granularity of data collected
Subsection (a) of section 57 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2729) is amended by striking paragraph (2) and inserting the following:
The location of where the death occurred, including the address of the location, the name of the property where the death occurred, and the state or province and municipality of such location, if available.
Increased frequency of publication
Subsection (c) of such section is amended
at least every six months and inserting
less frequently than once each month.
Monthly reports to Congress
Such section is amended by adding at the end the following:
Reports to Congress
Each time the Secretary updates the information made available under subsection (c), the Secretary shall submit to Congress a report containing such information.