International Travelers Bill of Rights Act of 2011 - Requires an individual or entity that operates a website that provides access to international travel services to provide to consumers information regarding the health and safety risks associated with overseas vacation destinations marketed on such website, including: (1) information compiled by the Department of State that includes country-specific travel warnings and alerts; and (2) information on the availability of on site health and safety services at a destination, including the hours and days such services are available, or a disclaimer that such destination does not provide certain health and safety services or that information regarding such services is not available. Requires a website operator that does not possess information on a destination's health and safety services to request it from that destination.
Grants the website operator immunity from liability relating to inaccurate or incomplete information if such information was provided by the destination and the operator published it without knowledge that it was inaccurate or incomplete.
Treats a violation as an unfair or deceptive act or practice under the Federal Trade Commission Act.
Amends the State Department Basic Authorities Act of 1956 to require the Secretary of State to: (1) collect and include in the database on overseas deaths of U.S. citizens from non-natural causes information on the name and address of the property where a death occurred, and (2) update the database not less frequently than once each month (currently, every six months) and to report such updated information to Congress.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1753 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1753
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.
_______________________________________________________________________
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
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Travelers Bill of
Rights Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) 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.
(3) International travel services.--The term
``international travel services'' means a service that a
consumer can use to reserve lodging at an overseas vacation
destination.
(4) Overseas vacation destination.--The term ``overseas
vacation destination'' means a resort, hotel, retreat, hostel,
or any other similar lodging located outside the United States.
(5) 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.
SEC. 3. PROVIDING INFORMATION REGARDING THE POTENTIAL HEALTH AND SAFETY
RISKS ASSOCIATED WITH OVERSEAS VACATION DESTINATIONS.
(a) In General.--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:
(1) Information compiled by the Department of State,
including Department of State country-specific travel warnings
and alerts.
(2) Information regarding the onsite health and safety
services that are available to consumers at each overseas
vacation destination, including whether the destination--
(A) employs or contracts with a physician or nurse
on the premises to provide medical treatment for
guests;
(B) employs or contracts with personnel, other than
a physician, nurse, or lifeguard, on the premises who
are trained in cardiopulmonary resuscitation;
(C) has an automated external defibrillator and
employs or contracts with 1 or more individuals on the
premises trained in its use; and
(D) 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.
(b) 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.
(c) 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.
(d) 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: ``This destination does not provide certain
health and safety services, or information regarding such services is
not available.''.
(e) Immunity.--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--
(1) such information was provided by the overseas vacation
destination; and
(2) the covered website provider published such information
without knowledge that such information was inaccurate or
incomplete, as the case may be.
SEC. 4. ENFORCEMENT BY FEDERAL TRADE COMMISSION.
(a) 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)).
(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.
(c) 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.
SEC. 5. DEPARTMENT OF STATE RECORDS OF OVERSEAS DEATHS OF UNITED STATES
CITIZENS FROM NONNATURAL CAUSES.
(a) 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:
``(2) 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.''.
(b) Increased Frequency of Publication.--Subsection (c) of such
section is amended by striking ``at least every six months'' and
inserting ``not less frequently than once each month''.
(c) Monthly Reports to Congress.--Such section is amended by adding
at the end the following:
``(d) 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.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S6877)
Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S6877-6878)
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