[Congressional Record Volume 155, Number 170 (Tuesday, November 17, 2009)]
[House]
[Pages H13020-H13026]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             CRUISE VESSEL SECURITY AND SAFETY ACT OF 2009

  Mr. CUMMINGS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3360) to amend title 46, United States Code, to establish 
requirements to ensure the security and safety of passengers and crew 
on cruise vessels, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3360

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Cruise 
     Vessel Security and Safety Act of 2009''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

       Sec. 1. Short title; table of contents.
       Sec. 2. Findings.
       Sec. 3. Cruise vessel security and safety requirements.
       Sec. 4. Study and report on the security needs of passenger 
           vessels.

     SEC. 2. FINDINGS.

       The Congress makes the following findings:
       (1) There are approximately 200 overnight ocean-going 
     cruise vessels worldwide. The average ocean-going cruise 
     vessel carries 2,000 passengers with a crew of 950 people.
       (2) In 2007 alone, approximately 12,000,000 passengers were 
     projected to take a cruise worldwide.
       (3) Passengers on cruise vessels have an inadequate 
     appreciation of their potential vulnerability to crime while 
     on ocean voyages, and those who may be victimized lack the 
     information they need to understand their legal rights or to 
     know whom to contact for help in the immediate aftermath of 
     the crime.

[[Page H13021]]

       (4) Sexual violence, the disappearance of passengers from 
     vessels on the high seas, and other serious crimes have 
     occurred during luxury cruises.
       (5) Over the last 5 years, sexual assault and physical 
     assaults on cruise vessels were the leading crimes 
     investigated by the Federal Bureau of Investigation with 
     regard to cruise vessel incidents.
       (6) These crimes at sea can involve attacks both by 
     passengers and crew members on other passengers and crew 
     members.
       (7) Except for United States flagged vessels, or foreign 
     flagged vessels operating in an area subject to the direct 
     jurisdiction of the United States, there are no Federal 
     statutes or regulations that explicitly require cruise lines 
     to report alleged crimes to United States Government 
     officials.
       (8) It is not known precisely how often crimes occur on 
     cruise vessels or exactly how many people have disappeared 
     during ocean voyages because cruise line companies do not 
     make comprehensive, crime-related data readily available to 
     the public.
       (9) Obtaining reliable crime-related cruise data from 
     governmental sources can be difficult, because multiple 
     countries may be involved when a crime occurs on the high 
     seas, including the flag country for the vessel, the country 
     of citizenship of particular passengers, and any countries 
     having special or maritime jurisdiction.
       (10) It can be difficult for professional crime 
     investigators to immediately secure an alleged crime scene on 
     a cruise vessel, recover evidence of an onboard offense, and 
     identify or interview potential witnesses to the alleged 
     crime.
       (11) Most cruise vessels that operate into and out of 
     United States ports are registered under the laws of another 
     country, and investigations and prosecutions of crimes 
     against passengers and crew members may involve the laws and 
     authorities of multiple nations.
       (12) The Coast Guard has found it necessary to establish 
     500-yard security zones around cruise vessels to limit the 
     risk of terrorist attack. Recently piracy has dramatically 
     increased throughout the world.
       (13) To enhance the safety of cruise passengers, the owners 
     of cruise vessels could upgrade, modernize, and retrofit the 
     safety and security infrastructure on such vessels by 
     installing peep holes in passenger room doors, installing 
     security video cameras in targeted areas, limiting access to 
     passenger rooms to select staff during specific times, and 
     installing acoustic hailing and warning devices capable of 
     communicating over distances.

     SEC. 3. CRUISE VESSEL SECURITY AND SAFETY REQUIREMENTS.

       (a) In General.--Chapter 35 of title 46, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 3507. Passenger vessel security and safety 
       requirements

       ``(a) Vessel Design, Equipment, Construction, and 
     Retrofitting Requirements.--
       ``(1) In general.--Each vessel to which this subsection 
     applies shall comply with the following design and 
     construction standards:
       ``(A) The vessel shall be equipped with ship rails that are 
     located not less than 42 inches above the cabin deck.
       ``(B) Each passenger stateroom and crew cabin shall be 
     equipped with entry doors that include peep holes or other 
     means of visual identification.
       ``(C) For any vessel the keel of which is laid after the 
     date of enactment of the Cruise Vessel Security and Safety 
     Act of 2009, each passenger stateroom and crew cabin shall be 
     equipped with--
       ``(i) security latches; and
       ``(ii) time-sensitive key technology.
       ``(D) The vessel shall integrate technology that can be 
     used for capturing images of passengers or detecting 
     passengers who have fallen overboard, to the extent that such 
     technology is available.
       ``(E) The vessel shall be equipped with a sufficient number 
     of operable acoustic hailing or other such warning devices to 
     provide communication capability around the entire vessel 
     when operating in high risk areas (as defined by the Coast 
     Guard).
       ``(2) Fire safety codes.--In administering the requirements 
     of paragraph (1)(C), the Secretary shall take into 
     consideration fire safety and other applicable emergency 
     requirements established by the Coast Guard and under 
     international law, as appropriate.
       ``(3) Effective date.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the requirements of paragraph (1) shall take effect 18 months 
     after the date of enactment of the Cruise Vessel Security and 
     Safety Act of 2009.
       ``(B) Latch and key requirements.--The requirements of 
     paragraph (1)(C) take effect on the date of enactment of the 
     Cruise Vessel Security and Safety Act of 2009.
       ``(b) Video Recording.--
       ``(1) Requirement to maintain surveillance.--The owner of a 
     vessel to which this section applies shall maintain a video 
     surveillance system to assist in documenting crimes on the 
     vessel and in providing evidence for the prosecution of such 
     crimes, as determined by the Secretary.
       ``(2) Access to video records.--The owner of a vessel to 
     which this section applies shall provide to any law 
     enforcement official performing official duties in the course 
     and scope of an investigation, upon request, a copy of all 
     records of video surveillance that the official believes may 
     provide evidence of a crime reported to law enforcement 
     officials.
       ``(c) Safety Information.--The owner of a vessel to which 
     this section applies shall provide in each passenger 
     stateroom, and post in a location readily accessible to all 
     crew and in other places specified by the Secretary, 
     information regarding the locations of the United States 
     embassy and each consulate of the United States for each 
     country the vessel will visit during the course of the 
     voyage.
       ``(d) Sexual Assault.--The owner of a vessel to which this 
     section applies shall--
       ``(1) maintain on the vessel adequate, in-date supplies of 
     anti-retroviral medications and other medications designed to 
     prevent sexually transmitted diseases after a sexual assault;
       ``(2) maintain on the vessel equipment and materials for 
     performing a medical examination in sexual assault cases to 
     evaluate the patient for trauma, provide medical care, and 
     preserve relevant medical evidence;
       ``(3) make available on the vessel at all times medical 
     staff who have undergone a credentialing process to verify 
     that he or she--
       ``(A) possesses a current physician's or registered nurse's 
     license and--
       ``(i) has at least 3 years of post-graduate or post-
     registration clinical practice in general and emergency 
     medicine; or
       ``(ii) holds board certification in emergency medicine, 
     family practice medicine, or internal medicine;
       ``(B) is able to provide assistance in the event of an 
     alleged sexual assault, has received training in conducting 
     forensic sexual assault examination, and is able to promptly 
     perform such an examination upon request and provide proper 
     medical treatment of a victim, including administration of 
     anti-retroviral medications and other medications that may 
     prevent the transmission of human immunodeficiency virus and 
     other sexually transmitted diseases; and
       ``(C) meets guidelines established by the American College 
     of Emergency Physicians relating to the treatment and care of 
     victims of sexual assault;
       ``(4) prepare, provide to the patient, and maintain written 
     documentation of the findings of such examination that is 
     signed by the patient; and
       ``(5) provide the patient free and immediate access to--
       ``(A) contact information for local law enforcement, the 
     Federal Bureau of Investigation, the Coast Guard, the nearest 
     United States consulate or embassy, and the National Sexual 
     Assault Hotline program or other third party victim advocacy 
     hotline service; and
       ``(B) a private telephone line and Internet-accessible 
     computer terminal by which the individual may confidentially 
     access law enforcement officials, an attorney, and the 
     information and support services available through the 
     National Sexual Assault Hotline program or other third party 
     victim advocacy hotline service.
       ``(e) Confidentiality of Sexual Assault Examination and 
     Support Information.--The master or other individual in 
     charge of a vessel to which this section applies shall--
       ``(1) treat all information concerning an examination under 
     subsection (d) confidential, so that no medical information 
     may be released to the cruise line or other owner of the 
     vessel or any legal representative thereof without the prior 
     knowledge and approval in writing of the patient, or, if the 
     patient is unable to provide written authorization, the 
     patient's next-of-kin, except that nothing in this paragraph 
     prohibits the release of--
       ``(A) information, other than medical findings, necessary 
     for the owner or master of the vessel to comply with the 
     provisions of subsection (g) or other applicable incident 
     reporting laws;
       ``(B) information to secure the safety of passengers or 
     crew on board the vessel; or
       ``(C) any information to law enforcement officials 
     performing official duties in the course and scope of an 
     investigation; and
       ``(2) treat any information derived from, or obtained in 
     connection with, post-assault counseling or other supportive 
     services confidential, so no such information may be released 
     to the cruise line or any legal representative thereof 
     without the prior knowledge and approval in writing of the 
     patient, or, if the patient is unable to provide written 
     authorization, the patient's next-of-kin.
       ``(f) Crew Access to Passenger Staterooms.--The owner of a 
     vessel to which this section applies shall--
       ``(1) establish and implement procedures and restrictions 
     concerning--
       ``(A) which crew members have access to passenger 
     staterooms; and
       ``(B) the periods during which they have that access; and
       ``(2) ensure that the procedures and restrictions are fully 
     and properly implemented and periodically reviewed.
       ``(g) Log Book and Reporting Requirements.--
       ``(1) In general.--The owner of a vessel to which this 
     section applies shall--
       ``(A) record in a log book, either electronically or 
     otherwise, in a centralized location readily accessible to 
     law enforcement personnel, a report on--
       ``(i) all complaints of crimes described in paragraph 
     (3)(A)(i),
       ``(ii) all complaints of theft of property valued in excess 
     of $1,000, and
       ``(iii) all complaints of other crimes,
     committed on any voyage that embarks or disembarks passengers 
     in the United States; and

[[Page H13022]]

       ``(B) make such log book available upon request to any 
     agent of the Federal Bureau of Investigation, any member of 
     the Coast Guard, and any law enforcement officer performing 
     official duties in the course and scope of an investigation.
       ``(2) Details required.--The information recorded under 
     paragraph (1) shall include, at a minimum--
       ``(A) the vessel operator;
       ``(B) the name of the cruise line;
       ``(C) the flag under which the vessel was operating at the 
     time the reported incident occurred;
       ``(D) the age and gender of the victim and the accused 
     assailant;
       ``(E) the nature of the alleged crime or complaint, as 
     applicable, including whether the alleged perpetrator was a 
     passenger or a crew member;
       ``(F) the vessel's position at the time of the incident, if 
     known, or the position of the vessel at the time of the 
     initial report;
       ``(G) the time, date, and method of the initial report and 
     the law enforcement authority to which the initial report was 
     made;
       ``(H) the time and date the incident occurred, if known;
       ``(I) the total number of passengers and the total number 
     of crew members on the voyage; and
       ``(J) the case number or other identifier provided by the 
     law enforcement authority to which the initial report was 
     made.
       ``(3) Requirement to report crimes and other information.--
       ``(A) In general.--The owner of a vessel to which this 
     section applies (or the owner's designee)--
       ``(i) shall contact the nearest Federal Bureau of 
     Investigation Field Office or Legal Attache by telephone as 
     soon as possible after the occurrence on board the vessel of 
     an incident involving homicide, suspicious death, a missing 
     United States national, kidnapping, assault with serious 
     bodily injury, any offense to which section 2241, 2242, 2243, 
     or 2244 (a) or (c) of title 18 applies, firing or tampering 
     with the vessel, or theft of money or property in excess of 
     $10,000 to report the incident;
       ``(ii) shall furnish a written report of the incident to 
     the Secretary via an Internet based portal;
       ``(iii) may report any serious incident that does not meet 
     the reporting requirements of clause (i) and that does not 
     require immediate attention by the Federal Bureau of 
     Investigation via the Internet based portal maintained by the 
     Secretary of Transportation; and
       ``(iv) may report any other criminal incident involving 
     passengers or crew members, or both, to the proper State or 
     local government law enforcement authority.
       ``(B) Incidents to which subparagraph (A) applies.--
     Subparagraph (A) applies to an incident involving criminal 
     activity if--
       ``(i) the vessel, regardless of registry, is owned, in 
     whole or in part, by a United States person, regardless of 
     the nationality of the victim or perpetrator, and the 
     incident occurs when the vessel is within the admiralty and 
     maritime jurisdiction of the United States and outside the 
     jurisdiction of any State;
       ``(ii) the incident concerns an offense by or against a 
     United States national committed outside the jurisdiction of 
     any nation;
       ``(iii) the incident occurs in the Territorial Sea of the 
     United States, regardless of the nationality of the vessel, 
     the victim, or the perpetrator; or
       ``(iv) the incident concerns a victim or perpetrator who is 
     a United States national on a vessel during a voyage that 
     departed from or will arrive at a United States port.
       ``(4) Availability of incident data via internet.--
       ``(A) Website.--The Secretary of Transportation shall 
     maintain a statistical compilation of all incidents described 
     in paragraph (3)(A)(i) on an Internet site that provides a 
     numerical accounting of the missing persons and alleged 
     crimes recorded in each report filed under paragraph 
     (3)(A)(i) that are no longer under investigation by the 
     Federal Bureau of Investigation. The data shall be updated no 
     less frequently than quarterly, aggregated by--
       ``(i) cruise line, with each cruise line identified by 
     name; and
       ``(ii) whether each crime was committed by a passenger or a 
     crew member.
       ``(B) Access to website.--Each cruise line taking on or 
     discharging passengers in the United States shall include a 
     link on its Internet website to the website maintained by the 
     Secretary under subparagraph (A).
       ``(h) Enforcement.--
       ``(1) Penalties.--
       ``(A) Civil penalty.--Any person that violates this section 
     or a regulation under this section shall be liable for a 
     civil penalty of not more than $25,000 for each day during 
     which the violation continues, except that the maximum 
     penalty for a continuing violation is $50,000.
       ``(B) Criminal penalty.--Any person that knowingly fails to 
     record in a log book or to make a log book available in 
     accordance with subsection (g)(1), or to report in accordance 
     with subsection (g)(3), shall be fined not more than $250,000 
     or imprisoned not more than 1 year, or both.
       ``(2) Denial of entry.--The Secretary may deny entry into 
     the United States to a vessel to which this section applies 
     if the owner of the vessel--
       ``(A) commits an act or omission for which a penalty may be 
     imposed under this subsection; or
       ``(B) fails to pay a penalty imposed on the owner under 
     this subsection.
       ``(i) Procedures.--Within 6 months after the date of 
     enactment of the Cruise Vessel Security and Safety Act of 
     2009, the Secretary shall issue guidelines, training 
     curricula, and inspection and certification procedures 
     necessary to carry out the requirements of this section.
       ``(j) Regulations.--The Secretary of Transportation and the 
     Commandant shall each issue such regulations as are necessary 
     to implement this section.
       ``(k) Application.--
       ``(1) In general.--This section and section 3508 apply to a 
     passenger vessel (as defined in section 2101(22)) that--
       ``(A) is authorized to carry at least 250 passengers;
       ``(B) has onboard sleeping facilities for each passenger;
       ``(C) is on a voyage that embarks or disembarks passengers 
     in the United States; and
       ``(D) is not engaged on a coastwise voyage.
       ``(2) Federal and state vessels.--This section and section 
     3508 do not apply to a vessel that is owned and operated by 
     the United States Government or a vessel that is owned and 
     operated by a State.
       ``(l) Owner Defined.--In this section and section 3508, the 
     term `owner' means the owner, charterer, managing operator, 
     master, or other individual in charge of a vessel.

     ``Sec. 3508. Crime scene preservation training for passenger 
       vessel crew members

       ``(a) In General.--Within 1 year after the date of 
     enactment of the Cruise Vessel Security and Safety Act of 
     2009, the Secretary, in consultation with the Director of the 
     Federal Bureau of Investigation and the Maritime 
     Administrator, shall develop training standards and curricula 
     to allow for the certification of passenger vessel security 
     personnel, crew members, and law enforcement officials on the 
     appropriate methods for prevention, detection, evidence 
     preservation, and reporting of criminal activities in the 
     international maritime environment. The Administrator of the 
     Maritime Administration may certify organizations in the 
     United States and abroad that offer the curriculum for 
     training and certification under subsection (c).
       ``(b) Minimum Standards.--The standards established by the 
     Secretary under subsection (a) shall include--
       ``(1) the training and certification of vessel security 
     personnel, crew members, and law enforcement officials in 
     accordance with accepted law enforcement and security 
     guidelines, policies, and procedures, including 
     recommendations for incorporating a background check process 
     for personnel trained and certified in foreign countries;
       ``(2) the training of students and instructors in all 
     aspects of prevention, detection, evidence preservation, and 
     reporting of criminal activities in the international 
     maritime environment; and
       ``(3) the provision or recognition of off-site training and 
     certification courses in the United States and foreign 
     countries to develop and provide the required training and 
     certification described in subsection (a) and to enhance 
     security awareness and security practices related to the 
     preservation of evidence in response to crimes on board 
     passenger vessels.
       ``(c) Certification Requirement.--Beginning 2 years after 
     the standards are established under subsection (b), no vessel 
     to which this section applies may enter a United States port 
     on a voyage (or voyage segment) on which a United States 
     citizen is a passenger unless there is at least 1 crew member 
     onboard who is certified as having successfully completed 
     training in the prevention, detection, evidence preservation, 
     and reporting of criminal activities in the international 
     maritime environment on passenger vessels under subsection 
     (a).
       ``(d) Interim Training Requirement.--No vessel to which 
     this section applies may enter a United States port on a 
     voyage (or voyage segment) on which a United States citizen 
     is a passenger unless there is at least 1 crew member onboard 
     who has been properly trained in the prevention, detection, 
     evidence preservation and the reporting requirements of 
     criminal activities in the international maritime 
     environment. The owner of such a vessel shall maintain 
     certification or other documentation, as prescribed by the 
     Secretary, verifying the training of such individual and 
     provide such documentation upon request for inspection in 
     connection with enforcement of the provisions of this 
     section. This subsection shall take effect 1 year after the 
     date of enactment of the Cruise Vessel Safety and Security 
     Act of 2009 and shall remain in effect until superseded by 
     the requirements of subsection (c).
       ``(e) Civil Penalty.--Any person that violates this section 
     or a regulation under this section shall be liable for a 
     civil penalty of not more than $50,000.
       ``(f) Denial of Entry.--The Secretary may deny entry into 
     the United States to a vessel to which this section applies 
     if the owner of the vessel--
       ``(1) commits an act or omission for which a penalty may be 
     imposed under subsection (e); or
       ``(2) fails to pay a penalty imposed on the owner under 
     subsection (e).''.
       (b) Clerical Amendment.--The table of contents for such 
     chapter is amended by adding at the end the following:


[[Page H13023]]


       ``3507. Passenger vessel security and safety requirements.
       ``3508. Crime scene preservation training for passenger 
           vessel crew members.''.

     SEC. 4. STUDY AND REPORT ON THE SECURITY NEEDS OF PASSENGER 
                   VESSELS.

       (a) In General.--Within 3 months after the date of 
     enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating shall conduct a study of 
     the security needs of passenger vessels depending on number 
     of passengers on the vessels, and report to the Congress 
     findings of the study and recommendations for improving 
     security on those vessels.
       (b) Report Contents.--In recommending appropriate security 
     on those vessels, the report shall take into account typical 
     crew member shifts, working conditions of crew members, and 
     length of voyages.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Maryland (Mr. Cummings) and the gentleman from New Jersey (Mr. 
LoBiondo) each will control 20 minutes.
  The Chair recognizes the gentleman from Maryland.


                             General Leave

  Mr. CUMMINGS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 3360.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Maryland?
  There was no objection.
  Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in strong support of the Cruise Vessel 
Security and Safety Act of 2009, H.R. 3360, as amended.
  This legislation, authored by Congresswoman Doris Matsui, would 
require that cruise vessels calling on the United States take 
reasonable steps to improve the physical safety and security of their 
vessels. The legislation also would require cruise vessels to report to 
U.S. authorities allegations of specific crimes on cruise ships.
  Almost all of the nearly 200 cruise vessels embarking and 
disembarking passengers in the United States are registered in foreign 
countries. As a result, U.S. laws apply directly to these vessels and 
to those sailing on these vessels only when they are sailing in U.S. 
waters.
  While available statistics suggest that crime is infrequent on cruise 
vessels, many Americans do not realize, when they step on a cruise 
ship, they are stepping on what becomes a floating piece of some other 
country's jurisdiction as soon as it is more than 12 miles from United 
States shores.
  Unfortunately, for those who are the victims of crime on cruise 
vessels, the implications of this reality become clear only after they 
learn that the laws applying to the cruise vessels may not and often do 
not extend to them the kinds of protections United States laws would 
extend.
  Additionally, the unique circumstances of life at sea, particularly 
if a vessel is far from the kinds of law enforcement resources that are 
available on land, often make the prosecution of those accused of 
committing a crime on a cruise ship very difficult. As a result, though 
crime is infrequent on cruise vessels, so are prosecutions of those 
accused of crimes.
  As chairman of the Subcommittee on Coast Guard and Maritime 
Transportation, I held two hearings to examine the issue of crime on 
cruise ships. I believe H.R. 3360 responds directly to the problems we 
examined in our hearings by requiring reasonable alteration in vessel 
design, equipment, and construction standards to increase the physical 
safety and security of passengers. For example, H.R. 3360 requires that 
cruise vessels install peepholes or similar features in cabin doors so 
passengers can identify who is at their door without having to open it. 
H.R. 3360 also requires that cruise vessels have railings that are at 
least 42 inches high to help prevent passengers from falling overboard.
  To ensure that those who are victims of sexual assaults have 
immediate access to state-of-the-art medical care, H.R. 3360 requires 
that cruise ships have onboard trained personnel who can provide 
treatment to assault victims, collect evidence to support prosecutions, 
and administer antiretroviral medications as soon as possible. The 
legislation also requires that a store of such medications be 
maintained on cruise vessels.
  H.R. 3360 also specifies certain crimes that must be reported to U.S. 
authorities, and it requires the Secretary of Transportation to 
maintain an Internet site that provides a numerical accounting of the 
crimes reported to U.S. authorities. Such statistics will be aggregated 
by individual cruise lines, and cruise lines will be required to 
maintain a link to the site on their own Web pages.
  Again, Mr. Speaker, I applaud the work of the gentlewoman from 
California (Ms. Matsui) who has worked tirelessly on this issue and 
given it just a tremendous, tremendous effort. I applaud her and thank 
her on behalf of the Congress and a grateful Nation.
  I urge all of the Members of the House to join me in passing H.R. 
3360, as amended.

                                         House of Representatives,


                               Committee on Homeland Security,

                                Washington, DC, November 12, 2009.
     Hon. James L. Oberstar,
     Chairman, Committee on Transportation and Infrastructure, 
         Washington, DC.
       Dear Chairman Oberstar, I write to you regarding H.R. 3360, 
     the ``Cruise Vessel Security and Safety Act of 2009.''
       H.R. 3360 contains provisions that fall within the 
     jurisdiction of the Committee on Homeland Security. I 
     recognize and appreciate your desire to bring this 
     legislation before the House in an expeditious manner and, 
     accordingly, I will not seek a sequential referral of the 
     bill. However, agreeing to waive consideration of this bill 
     should not be construed as the Committee on Homeland Security 
     waiving, altering, or otherwise affecting its jurisdiction 
     over subject matters contained in the bill which fall within 
     its Rule X jurisdiction.
       Further, I request your support for the appointment of an 
     appropriate number of Members of the Committee on Homeland 
     Security to be named as conferees during any House-Senate 
     conference convened on H.R. 3360 or similar legislation. I 
     also ask that a copy of this letter and your response be 
     included in the legislative report on H.R. 3360 and in the 
     Congressional Record during floor consideration of this bill.
       I look forward to working with you as we prepare to pass 
     this important legislation.
           Sincerely,
                                               Bennie G. Thompson,
     Chairman.
                                  ____

         House of Representatives, Committee on Transportation and 
           Infrastructure
                                Washington, DC, November 12, 2009.
     Hon. Bennie G. Thompson,
     Chairman, Committee on Homeland Security, Washington, DC.
       Dear Chairman Thompson, I write to you regarding H.R. 3360, 
     the ``Cruise Vessel Security and Safety Act of 2009''.
       I agree that provisions in H.R. 3360 are of jurisdictional 
     interest to the Committee on Homeland Security. I acknowledge 
     that by forgoing a sequential referral, your Committee is not 
     relinquishing its jurisdiction and I will fully support your 
     request to be represented in a House-Senate conference on 
     those provisions over which the Committee on Homeland 
     Security has jurisdiction in H.R. 3618.
       This exchange of letters will be inserted in the Committee 
     Report on H.R. 3360 and in the Congressional Record as part 
     of the consideration of this legislation in the House.
       I look forward to working with you as we prepare to pass 
     this important legislation.
           Sincerely,
                                          James L. Oberstar, M.C.,
                                                         Chairman.

  I reserve the balance of my time.
  Mr. LoBIONDO. Mr. Speaker, I rise in support of H.R. 3360, the Cruise 
Vessel Security and Safety Act of 2009, and yield myself such time as I 
may consume.
  I would like to state that I believe this language is a significant 
improvement over legislation that was considered by the House in the 
110th Congress and mirrors language currently awaiting final action in 
the Senate.

                              {time}  1315

  The provisions of this legislation were also included as part of H.R. 
3619, the Coast Guard Authorization Act of 2010, which the House 
overwhelmingly approved last month.
  For several years the Committee on Coast Guard and Maritime 
Transportation has closely examined the factors impacting the safety 
and security of American citizens aboard cruise ships that operate in 
and out of U.S. ports. H.R. 3360 makes commonsense improvements which 
will enhance safeguards for passengers during a cruise. While no level 
of procedural or structural modifications can prevent all incidents 
from occurring, I believe this bill will significantly enhance the 
capabilities of both passengers and cruise lines in the future.
  The bill will also codify an agreement between the FBI and cruise 
lines which will require cruise operators to

[[Page H13024]]

immediately notify Federal law enforcement agencies of major incidents 
that occur aboard a vessel.
  I support the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CUMMINGS. Mr. Speaker, I yield 4 minutes to the gentlewoman from 
California (Ms. Matsui), who is the sponsor of the bill and who has 
been so helpful to our committee and our subcommittee on this issue.
  Ms. MATSUI. I thank the gentleman from Maryland, who has been such a 
leader in all of this.
  Mr. Speaker, I rise today in support of H.R. 3360, the Cruise Vessel 
Safety and Security Act, legislation that I introduced earlier this 
year. I want to thank both Chairman Oberstar and Chairman Cummings for 
the good work their committees have done on this bill and for their 
tremendous support to enact this critical legislation.
  There is an urgent need for the reform I have outlined in the Cruise 
Vessel Safety and Security Act. For far too long, American families 
have unknowingly been at risk when embarking on cruise vacations. 
Unfortunately, the status quo has allowed cruise ships to operate under 
foreign flags of convenience, and they are not required under U.S. law 
to report crimes occurring outside of our territorial waters. But 
leaving our territorial waters does not mean that cruise ships should 
be allowed to operate without basic laws that protect American 
citizens.
  My legislation requires that all crimes that occur aboard cruise 
ships be reported to the Coast Guard and to the FBI. Without proper 
screening processes and accountability, these reprehensible and violent 
acts will be allowed to continue. Unclear lines of jurisdiction are no 
longer an excuse for risking the safety of millions of Americans who 
board cruise ships each year.
  I first became aware of the need for increased protections for 
Americans when one of my constituents, Laurie Dishman, wrote to me for 
help in April of 2006. Laurie was a victim of a sexual assault while on 
a cruise vacation. She was given no assistance by the cruise line in 
properly securing evidence of the assault, no assistance in identifying 
her attacker, no assistance in prosecuting the crime once back on 
shore.
  Devastated, Laurie reached out to me, and I immediately called for 
hearings on this issue and began to work on this legislation. Our 
hearings made apparent the gross inadequacies of current cruise safety 
provisions; and with ongoing news coverage of recent rapes on cruise 
ships, it is clear that this legislation is urgent and necessary.
  My legislation establishes stringent new standards to ensure the 
safety and security of passengers on cruise vessels. Its reforms 
include reporting that vessel personnel be able to preserve evidence of 
crimes committed on the vessels and provide appropriate medical 
treatment to the victims of sexual assaults. Security, safety, and 
accountability must all be strengthened to hold criminals accountable 
and end the cycle of serious crimes on cruise ships.
  This has been a long, difficult road for all cruise victims and their 
families, and this legislation is truly a result of their courage, 
their dedication, and their conviction to prevent further crimes from 
happening. These reforms are long overdue, common sense, and are 
supported by the Cruise Line Industry Association and was included in 
the Coast Guard Authorization Act that passed this year.
  I urge my colleagues to vote in support of this important legislation 
and join me in paving a path for a safer future for all cruise 
passengers.
  Mr. LoBIONDO. Mr. Speaker, I am very happy to yield 5 minutes to my 
colleague from Arizona (Mr. Shadegg).
  Mr. SHADEGG. I thank the gentleman for yielding.
  Mr. Speaker, I rise in very strong support of this critically needed 
legislation, the Cruise Vessel Security and Safety Act; and I want to 
compliment the author of the legislation, Ms. Matsui, for her efforts. 
Like her, I have a tragic story that has been brought to my attention 
which will be addressed by this legislation, and I want to make it 
clear how important I believe this legislation is to millions of 
potential victims who go unknowingly onto cruise ships.
  Merrian Carver, the daughter of one my constituents, Ken Carver, was 
a vibrant young woman who had her entire life ahead of her. Tragically, 
at the age of 40, she disappeared from a cruise ship in August of 2004 
and was never found. That would be bad enough in itself, but it is the 
outrageous conduct afterward which this legislation addresses. There 
have already been comments about the lack of supervision or safety or 
the lack of protection of the law, but in this instance there was 
callous disregard.
  The steward of the ship knew she was onboard and that she had used 
her room the first night, and he conscientiously reported that she did 
not use her room again any of the subsequent nights. She had gone 
missing on the second day of the cruise, and nothing was done. No law 
enforcement officials were contacted. No family members were contacted. 
Nothing was done. In essence, the steward was told, Be quiet and mind 
your own business.
  At the end of the trip, Merrian's personal effects were simply boxed 
up. The FBI was not notified. The family was not notified.
  Ultimately, Merrian's family, in a desperate effort, was forced to 
hire a law firm and a private investigator. Again, however, they met 
with resistance and unnecessary delays in response by the cruise ship. 
It took days to confirm that Merrian had, in fact, boarded the ship, 
and video confirmed that she had boarded the ship. And it took even 
more time to get permission to interview the steward.
  She had not been in her room for 5 days, and her absence had simply 
gone unreported and unacted upon. Her family hired a private 
investigator, and he was resisted in his efforts to talk to people on 
the ship. Ultimately, the law firm that they retained obtained a court 
order to interview the steward and other personnel responsible.
  This simply should not happen on ships that call on American ports. 
It should never happen, and Americans need to be aware. Again, I 
compliment Ms. Matsui.
  This legislation takes important and reasonable steps to protect 
Americans and all citizens when they board these ships. Cruise ships 
have a duty of responsibility to the people who board them. This will 
make those cruise ships more accountable and safer. It will, as has 
been mentioned, require some video surveillance to monitor crime 
onboard. It will require crime scene investigation training and 
certification for some cruise vessel crew members. It will require 
other provisions to ensure that if one of our loved ones goes missing 
on a cruise ship, they are notified.
  Importantly, it will require the preservation of evidence. Like Ms. 
Matsui's constituent who was the victim of a rape, this legislation 
will require that rape kits be kept onboard in case such a tragic event 
happens again.
  This is critically needed legislation. It has followed somewhat of a 
tortured path. It came across this floor once before, and its ultimate 
enactment into law was jeopardized by being coupled with other 
legislation.
  I compliment the chairman of the subcommittee and the chairman of the 
full committee and the ranking member. I think it is essential that 
this legislation be enacted, and I compliment you for separating it for 
a stand-alone vote.
  Mr. CUMMINGS. Mr. Speaker, I yield 2\1/2\ minutes to the gentlewoman 
from California (Ms. Richardson). She is a strong member of our 
subcommittee and certainly one who has championed this cause too.
  Ms. RICHARDSON. Mr. Speaker, I rise in strong support of H.R. 3360, 
the Cruise Vessel Security and Safety Act of 2009, which will address 
cruise safety in many of our communities. I would like to thank 
Chairmen Oberstar and Cummings and my colleague Ms. Matsui from 
California for bringing forward this issue that we've all talked about 
and are now glad to see finally come to the floor again.
  Cruise ships are enjoyed by approximately 10 million Americans every 
year, and many of them come to my district in the Ports of Long Beach 
and Los Angeles. This bill will take many steps towards preventing 
crimes on cruise ships and ensuring that those crimes that are 
committed, the people who do those deeds, will find justice.
  By enacting measures such as installing peepholes on doors, basic 
things like increasing video surveillance, and

[[Page H13025]]

keeping better records of incidents that do occur will make our seas 
safer and really cause the cruise to be a vacation as advertised.
  I applaud the bill's emphasis on safety and health. It will ensure 
that a sufficient number of physicians are aboard every ship and that 
ships have appropriate up-to-date supplies of anti-retroviral 
medications. Just a few weeks ago, I met with some of the members of 
the cruise ship industry and talked to them about what they're doing to 
prepare for the H1N1 virus.
  Now is the time. We have long put people in jeopardy of not really 
having the appropriate safety regulations and measures, and I applaud 
this Congress and our chairmen for bringing it forward today.
  Mr. LoBIONDO. Mr. Speaker, I am now pleased to yield 5 minutes to my 
colleague from Texas (Mr. Poe).
  Mr. POE of Texas. Mr. Speaker, I appreciate the gentleman from New 
Jersey yielding time and his work on this legislation and, of course, 
the chairman from Maryland and his work as well, but also the 
gentlewoman from California (Ms. Matsui), who has been a relentless 
advocate of protecting citizens that are on cruise lines.
  I recently was a cosponsor of similar legislation, H.R. 1485, the 
Cruise Vessel Security Act of 2009, that was passed by this House. And 
this bill, H.R. 3360, the Cruise Vessel Security and Safety Act of 
2009, makes cruise lines more accountable when passengers become 
victims of crime at sea.
  Every year cruise line companies carry over 10 million American 
citizens to and from America's ports, and these cruise lines promise 
Americans safety, security, fun, relaxation aboard their ships. But 
sometimes that is not the whole story.
  In 2007 the Los Angeles Times published an article disclosing sexual 
assault data that was provided by Royal Caribbean International as part 
of a civil lawsuit. The article's disturbing and startling report 
showed that over a 32-month period, Royal Caribbean reported over 250 
incidents of sexual assault, battery, and harassment. Cruise companies 
have been forced to pay millions of dollars in order to settle civil 
lawsuits filed in American courts for failing to protect American 
passengers. Congressional testimony by victims of sexual assault on 
cruise ships exposes so much more than the cruise lines have really 
told us.
  Most disturbing from this testimony were from female victims that 
were sexually assaulted by crew members on the high seas. Almost 40 
percent of the crimes were committed by cruise company employees. And 
as the gentlewoman from California has pointed out, her constituent 
Laurie Dishman in 2006 was sexually assaulted by a man on the cruise 
ship who was a security officer.
  This individual, Laurie Dishman, reported the incident, and the 
cruise line did absolutely nothing. When the cruise was over with, she 
met with the FBI and explained her case, and after several days she 
later received a phone call saying that the Department of Justice would 
not prosecute her case and that the FBI had closed the investigation 
and gave her no explanation.
  So then she wrote a letter to Royal Caribbean Cruise Lines, and they 
wrote her back, Mr. Speaker, thanking her for her business and even had 
the audacity to send her a coupon for future trips on their cruise 
line.
  I commend Ms. Dishman for bringing this whole issue before Congress 
and especially Ms. Matsui, her Representative from California, for 
exposing these atrocities to the American public and to this Congress. 
If these U.S.-based cruise ship companies who own and operate foreign 
flag passenger vessels want to access the millions of Americans who 
travel their cruise ships every year, they should be required to 
implement proper safety and security improvements for all travelers.
  The U.S. Government also needs to ensure that American citizens and 
American families are safe when they travel on cruise ships departing 
from our ports. And when crimes are reported on the high seas, the 
perpetrators should be accountable.
  As chairman of the Victims' Rights Caucus, I strongly support this 
legislation.

                              {time}  1330

  Mr. CUMMINGS. Mr. Speaker, I yield 5 minutes to the distinguished 
chairman of our committee, the gentleman from Minnesota (Mr. Oberstar). 
I want to thank him as he rises for all of his hard work.
  Mr. OBERSTAR. Mr. Speaker, I thank the chairman, Mr. Cummings, for 
the prodigious work done, the hearing preparation, not just the 
hearing, but preparation for the hearing, gathering the information and 
steeping himself in the subject of the hearing and gathering all the 
data, and then working to shape the ultimate legislation. He has done a 
superb job, as has Mr. LoBiondo, our ranking member, and former 
chairman of the subcommittee.
  I especially want to thank Ms. Matsui for her work at the behest of 
her constituent, having heard this terrible experience her constituent 
went through on that cruise experience. She then had the courage to 
testify at our committee hearing. That's really extraordinary. So 
determined was she to see justice done, to change the culture aboard 
cruise ships, the indifference we saw in this particular case, the 
indifference spread throughout this industry, to the plight of the rare 
but nonetheless experiences that cruise passengers go through. Some 
10.5 million took a cruise vacation in 2007. That's a very sizable 
number of our constituency nationwide.
  There is only one U.S.-flagged cruise line, cruise vessel, I should 
say. There are over 200 cruise vessels that are registered under 
foreign flags. When crime occurs aboard those vessels, as was said 
earlier by both Mr. Cummings and Mr. LoBiondo, it's on the high seas, 
beyond the jurisdiction of the United States. But when that vessel 
comes into port, it is under our law.
  This is a law enforcement bill. And the gentleman from Arizona (Mr. 
Shadegg) very well and thoughtfully and with great feeling described 
the experience of his constituent, the family of constituents of a 
woman who was actually lost. This legislation, as he pointed out, and 
as Mr. Cummings pointed out, provides a pathway to correcting those 
problems out into the future. But we have to get a bill passed. That is 
why we separated this bill from other legislation.
  There is already a hold on this bill in the other body. A Member of 
the other body is holding this bill up and insisting that a fee be 
imposed on cruise line passengers to pay for any Federal Government 
involvement. This is law enforcement. We don't ask our fellow citizens 
to pay a fee for their homes to be protected against burglary. We don't 
ask victims of rape to pay a fee to be protected against future rape. 
That is just--well, it's beyond description. I shouldn't say anything 
further.
  But we have to get a bill passed. And the Member of the other body 
who is insisting on those conditions needs to have a visit with 
reality. And the reality are those victims of violence aboard cruise 
ships. And this legislation will bridge the gaps between the rights of 
victims and the actual experiences they encounter, provide protection, 
provide access to assistance to victims of crime and give them the 
protection of U.S. law, extend that to those 10.5 million of our fellow 
citizens who take a cruise vacation so it will be a pleasant experience 
and not a nightmare.
  Mr. Speaker and colleagues, I just want to observe and thank the 
ranking member of the subcommittee, Mr. LoBiondo, that this particular 
bill, is the 200th bill of our committee in the 110th and now the 111th 
Congress, the 200th bill that we have moved through committee, and I 
expect soon through the House and one veto override, in the 2\1/2\ 
years under my chairmanship.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. CUMMINGS. I yield the gentleman 1\1/2\ additional minutes.
  Mr. OBERSTAR. I want to thank my colleagues on the Democratic side 
and particularly my colleagues on the Republican side for the splendid 
participation we have had and the partnership we have enjoyed in moving 
together a legislative agenda for America, for the good of this 
country, a partnership that we extended during the years of the 
Republican majority from 1995 onward. It is a record of accomplishment 
that I think sets the standard for this body. And I appreciate the 
partnership that we have had, in particular Mr. Mica, who is the leader 
on the Republican side, and all of our colleagues on

[[Page H13026]]

the committee, the 200th bill or resolution. It is a good day, a good 
day for America, a good day for our committee.
  Mr. LoBIONDO. Mr. Speaker, I am pleased to yield 5 minutes to my 
colleague from Indiana (Mr. Souder).
  Mr. SOUDER. I thank the distinguished subcommittee Chair.
  I rise today in support of this bill and not just because of the 
tragic cases that we have been discussing, but specifically, in support 
of a more obscure section in the bill that requires passenger vessels 
to be equipped with acoustic hailing devices. The Long Range Acoustical 
Devices, LRADS, are the next generation of nonlethal countermeasure 
devices. These acute, long-range acoustic hailing devices are important 
for both civilian and military vessels.
  Following the suicide attack on the USS Cole while it was at port in 
Yemen in 2000, the United States Navy established a requirement for an 
acoustic hailing device. The intent of this AHD was to provide the Navy 
with a means to establish the intent of an approaching vessel at a 
distance such that defensive measures could be taken should the vessel 
not heed a warning.
  These hailing devices are not only used as an identifier of intent 
but also can be used to repel possible attackers or to disperse 
unlawful mobs. An LRAD was used for this purpose for the first time in 
the United States in Pittsburgh during the time of the G-20 summit on 
September 24-25 of 2009.
  Last week I had the opportunity to witness an LRAD in action. Ultra 
Electronics, a high-tech manufacturer near Columbia City, Indiana, 
demonstrated their acoustic device, the Hyperspike, both as a hailer 
and as a deterrent. The thumping pulsating sounds were impressive, and 
I now understand why the crowds were dispersed so quickly in 
Pittsburgh. I was also impressed with the range of the Hyperspike. It 
is capable of emitting crystal clear audible messages at distances of 
over 3 miles across the water.
  This act is intended to improve the overall safety of cruise ship 
passengers. It not only improves capabilities to thwart external 
threats such as pirate attacks, but also to increase internal passenger 
safety through increased security measures.
  It has been well publicized that pirate attacks on cargo vessels are 
continuing. As these vessels improve their security against such 
attacks, it is very likely that the pirates will look for other 
vulnerable targets, such as cruise ships. This legislation will provide 
these vessels with the capability to establish vessel intent earlier 
and escalate security measures to protect the ship, crew and 
passengers.
  Mr. CUMMINGS. May I inquire as to how much time we have remaining?
  The SPEAKER pro tempore. The gentleman from Maryland has 4\1/2\ 
minutes.
  Mr. CUMMINGS. We have no additional speakers. I yield to the 
gentleman.
  Mr. LoBIONDO. Mr. Speaker, I am pleased to support the legislation, 
congratulate the sponsor, thank Mr. Oberstar and Mr. Cummings, and 
yield back the balance of my time.
  Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
  I want to make it very clear, Mr. Speaker, that this was an effort of 
the victim groups and the cruise ship industry. As Chairman Oberstar 
said, there was a lot of work that went into this legislation with 
folks actually sitting down and coming up with reasonable and balanced 
solutions to these problems.
  I want to thank all of the folks that did that. And I also take a 
moment to thank Mr. LoBiondo and certainly Mr. Mica and definitely our 
chairman, Mr. Oberstar. This is one of those bipartisan efforts that 
has yielded a win-win-win, a win certainly for this Congress, a win for 
those people who find themselves taking a vacation on cruise ships, and 
certainly a win for law enforcement as they try to make sure that they 
address any kind of issues that may come up, and the industry. It's a 
win-win-win-win.
  So I think that what we have done is approach this in a very balanced 
way, a very measured way, but a way which addresses all of the issues 
that we attempted to address. And certainly we thank Ms. Dishman and 
the other victims who have had difficult circumstances happen to them 
for bringing their testimony. As Chairman Oberstar said, this kind of 
testimony is very difficult for someone to present themselves, not only 
to the Congress but on C-SPAN and for the world to hear what they went 
through. But yet and still, the fact is that they sacrificed so that we 
can have this kind of legislation.
  With that, I would urge our colleagues to vote for this legislation.
  Mr. MITCHELL. Mr. Speaker, as a member of the House Committee on 
Transportation and Infrastructure, I rise today on behalf of H.R. 3360, 
the Cruise Vessel Security and Safety Act of 2009.
  This is important legislation that will significantly improve the 
safety and security of cruise passengers.
  A Senate version of this bill has earned committee approval earlier 
this year, and in October, the House overwhelmingly approved this 
measure by a bipartisan vote of 385-11, as part of the Coast Guard 
Reauthorization Act of 2010.
  The bill will bring many of the same, commonsense security measures 
to cruise ships that a lot of us take for granted in major hotels--
things like latches and peep holes for guest rooms and video 
surveillance to document criminal activity.
  In addition, the bill will ensure that cruise ships are equipped to 
provide emergency assistance to victims of sexual assaults.
  Finally, and perhaps most significantly, the bill will require that 
serious criminal incidents on board are reported to the proper 
authorities.
  I want to thank Representative Doris Matsui for her leadership on 
this legislation.
  I also want to thank Kendall Carver, an Arizonan whose tireless 
efforts on this issue have been truly incredible.
  As many of you know, in 2004, Ken's daughter, Merrian, mysteriously 
and tragically disappeared aboard a cruise to Alaska. And, as the 
Arizona Republic recently reported, ``Instead of reporting her absence, 
the ship's staffers packed up her belongings and cleaned up her cabin. 
They did nothing for five weeks and only filed a missing-persons report 
with the FBI after being questioned by a private detective.''
  This is not just wrong--it's beyond wrong.
  Cruise passengers deserve better. Their families deserve better.
  That's why I want to encourage my colleagues to support this 
legislation.
  Mr. CUMMINGS. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Maryland (Mr. Cummings) that the House suspend the rules 
and pass the bill, H.R. 3360, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. CUMMINGS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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