Introduction of Cruise Vessel Security and Safety Act of 2008

Floor Speech

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* Ms. MATSUI. Madam Speaker, today I am introducing the Cruise Vessel Security and Safety Act. This bicameral, comprehensive cruise safety reform legislation has been informed by 2 years of research and numerous Congressional hearings.

* Madam Speaker, over 12 million Americans will travel on cruise lines in 2008. Within 5 years, that number is expected to reach 20 million. Unfortunately, few of these passengers fully appreciate how vulnerable they are to crime while at sea. Cruise ships, which operate under foreign flags of convenience, are not required under U.S. law to report crimes that occur outside of U.S. territorial waters. Citizens who are victimized often do not know their legal rights or who to contact for help in the immediate aftermath of the crime.

* In recent years, the media has reported on a number of high profile cases of passengers falling overboard, passengers gone missing and passengers being raped and sexually assaulted. Sadly, many of these cases remain unresolved.

* My involvement in this issue began after a young woman from my district, Laurie Dishman, came to me for assistance after she had been a victim of a violent crime on a cruise ship. Laurie shared her shocking story with me in a letter 2 years ago. At its heart, this bill addresses the concerns brought to my office 2 years ago by my constituent, Laurie Dishman.

* As a passenger on board a Royal Caribbean cruise ship, Laurie was raped by a crew member. One of the most disturbing aspects of Laurie's case is that the cruise ship on which she was raped had inadequate security staff. As a result, the cruise line promoted someone with no training to perform security personnel duties. If a real security guard had been on duty that evening, Laurie may have been spared her awful ordeal. The tragedy that ensued is something that Laurie will never forget.

* Laurie was brave enough to report the incident to the crew authorities, even though they treated her poorly and with little sensitivity. She also reported the crime to the FBI. Unfortunately, the U.S. Attorney's office declined the case for prosecution just 4 days later.

* I have since learned that there have been no convictions for rape cases on cruise lines in four decades. This statistic takes on a new meaning through the lens of Laurie's experience.

* Laurie told her story at a Transportation and Infrastructure, Coast Guard and Maritime Transportation Subcommittee hearing on crimes on cruise ships. At the hearing she spoke of her experience and also ways to improve prevention methods, including: peep holes and security latches on stateroom doors; instituting sensitivity training for crew members; and ensuring more CCTV cameras in hallways.

* After the hearing, I introduced the Protect Americans from Crimes on Cruise Ships Resolution on September 17, 2007, with Representatives Christopher Shays and Carolyn Maloney. The resolution has over 30 cosponsors.

* The Coast Guard and Maritime Transportation Subcommittee held a follow-up hearing on September 19, 2007. We heard from other victims, some who were raped or assaulted while on a cruise; others who lost family members at sea. Unfortunately, we did not hear that the cruise lines had changed many of their standard operating procedures to reflect the previous hearing. In fact, just a few weeks before the hearing, a young woman had been raped on a cruise ship and was not given access to proper care.

* These incidents beg the question: what is the process when a crime is committed on a cruise line and what recourse do victims have? The more Members of Congress have inquired, the more we have learned that there is no shortage of cases of rape, sexual assaults of minors, alcohol-related fighting and abuse, and persons overboard.

* Most recently, Senator Kerry and Senator Lautenberg held a hearing on cruise safety. Less than a month before the hearing, a constituent of Senator Lautenberg's went missing while on a cruise, and was believed to have gone overboard. The family was not immediately notified of the incident. This incident occurred 4 years after Ken Carver's daughter, Merrian, went missing on a Royal Caribbean cruise to Alaska. Since then, Ken has been instrumental in organizing victims to promote safety on cruise ships, including starting the International Cruise Victims organization and developing a 10-point program to improve safety on cruise ships.

* Today, as a result of Mr. Carver, Ms. Dishman, and all of the many families of victims who have suffered so greatly, I am introducing a comprehensive reform bill with my esteemed colleagues Chris Shays, Carolyn Maloney, Lloyd Doggett and John Lewis to address the public safety concerns on cruise ships.

* Our legislation seeks to improve ship safety, provide transparency in reporting, improve crime scene response, improve training procedures and enforce safety and environmental standards.

* Improve Ship Safety. Our legislation would improve ship safety by mandating guard rails to reach 54 inches in height and entry doors of each passenger stateroom and crew cabin to have peep holes, security latches, and time sensitive key technology. Ship owners would be required to implement fire safety codes as well as technology to detect when a passenger falls overboard. Procedures would also be established to determine which crew members have access to staterooms and when.

* Provide Transparency in Reporting. The legislation would establish a reporting structure based on the current voluntary agreement in place between the cruise industry, the FBI, and the Coast Guard. Additionally, each ship would be required to maintain a log book, which would record all deaths, missing individuals, alleged crimes, and passenger/crewmember complaints regarding theft, sexual harassment, and assault. The log books would be available to FBI and Coast Guard electronically, as well as to any law enforcement officer upon request. Statistical information would be posted on a public Web site maintained by the Coast Guard.

* Improve Crime Scene Response. Each ship would be required to maintain antiretroviral medications and medications used to prevent sexually transmitted diseases after assault, as well as equipment and materials for performing a medical examination to determine if a victim has been raped. A United States licensed medical practitioner would be on every ship to perform the necessary examinations and to administer treatment. Private medical information would be protected, and would require written authorization for release. Additionally, all passengers would be given free, immediate, and confidential access to a National Sexual Assault Hotline and the FBI.

* Improve Training Procedures. The legislation would establish a program designed by the Coast Guard and the FBI, and certified by the Administrator of the Maritime Administration, to train appropriate crewmembers in crime scene investigation. Each ship would be required to maintain one crewmember trained and certified under such a program.

* Enforce Safety and Environmental Standards. The Coast Guard is authorized to dispatch personnel to monitor discharge of waste, to verify logbook entries related to waste treatment and disposal, and to act as public safety officers by securing and collecting evidence of alleged crimes. Additionally, the Secretary of the Coast Guard shall conduct a study of passenger security needs and report findings to Congress.

* Established Equitable Remedies. The bill also establishes fair and equal remedies for persons injured in boating disasters.

* Madam Speaker, nearly all cruise ships operate under a foreign flag. U.S. citizens who are victimized onboard cruise ships often do not know their legal rights or who to contact for help in the immediate aftermath of crimes. Unfortunately, few U.S. nationals are aware that they are at risk of being the victims of crime while on their vacations. And, it is even more concerning that these victims have inadequate access to assistance or law enforcement in the aftermath of the crime. Cruises operate in a legal vacuum, where a lack of accountability empowers predators and obstructs their victims' pursuit of justice. That is an unacceptable situation, made worse by the cruise lines' own efforts to avoid scrutiny of and accountability for their own handling of the security of their passengers.

* My hope is that with increased Congressional oversight, the cruise lines will finally take these crimes seriously and enact necessary reforms. This comprehensive legislation will give Americans who are victims of crime on a cruise ship access to justice, and require that necessary steps are taken to bring the perpetrators of such crimes to justice. The legislation will also ensure that the cruise industry provides information to passengers about security risks and maintain necessary security personnel on each ship.

* The Cruise Vessel Security and Safety Act of 2008 addresses the ongoing safety concerns on cruise ships and will help ensure that the millions of men, women and children who cruise each year are informed, aware and safe on cruise ships. I urge all of my colleagues to cosponsor this important bicameral, comprehensive legislation.

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