[Congressional Record Volume 156, Number 100 (Wednesday, June 30, 2010)]
[House]
[Pages H5262-H5267]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CRUISE VESSEL SECURITY AND SAFETY ACT OF 2010
Mr. CUMMINGS. Mr. Speaker, I move to suspend the rules and concur in
the Senate amendment to 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.
The Clerk read the title of the bill.
The text of the Senate amendment is as follows:
Senate amendment:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Cruise
Vessel Security and Safety Act of 2010''.
(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. Offset of administrative costs.
Sec. 5. Budgetary effects.
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.
(4) Sexual violence, the disappearance of passengers from
vessels on the high seas, and other
[[Page H5263]]
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 crewmembers on other passengers and
crewmembers.
(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 crewmembers may involve the laws and
authorities of multiple nations.
(12) The Department of Homeland Security 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 2010, 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 United
States 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 U.S. 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 2010.
``(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 2010.
``(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.--
``(1) Criminal Activity Prevention and Response Guide.--The
owner of a vessel to which this section applies (or the
owner's designee) shall--
``(A) have available for each passenger a guide (referred
to in this subsection as the `security guide'), written in
commonly understood English, which--
``(i) provides a description of medical and security
personnel designated on board to prevent and respond to
criminal and medical situations with 24 hour contact
instructions;
(ii) describes the jurisdictional authority applicable, and
the law enforcement processes available, with respect to the
reporting of 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, together with contact information for the
appropriate law enforcement authorities for missing persons
or reportable crimes which arise--
``(I) in the territorial waters of the United States;
``(II) on the high seas; or
``(III) in any country to be visited on the voyage;
``(B) provide a copy of the security guide to the Federal
Bureau of Investigation for comment; and
``(C) publicize the security guide on the website of the
vessel owner.
``(2) Embassy and consulate locations.--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 United States 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 crewmembers have access to passenger
staterooms; and
[[Page H5264]]
``(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
``(B) make such log book available upon request to any
agent of the Federal Bureau of Investigation, any member of
the United States 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 crewmember;
``(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 an
Internet based portal maintained by the Secretary;
``(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; and
``(iv) may report any other criminal incident involving
passengers or crewmembers, 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 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 cruise line, each cruise line shall be
identified by name, and each crime shall be identified as to
whether it 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 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.
``(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
2010, 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 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 of the United States operated
by the Federal Government or a vessel owned and operated by a
State.
``(l) Definitions.--In this section and section 3508:
``(1) Commandant.--The term `Commandant' means the
Commandant of the Coast Guard.
``(2) Owner.--The term `owner' means the owner, charterer,
managing operator, master, or other individual in charge of a
vessel.
`` 3508. Crime scene preservation training for passenger
vessel crewmembers
``(a) In General.--Within 1 year after the date of
enactment of the Cruise Vessel Security and Safety Act of
2010, the Secretary, in consultation with the Director of the
Federal Bureau of Investigation and the Maritime
Administration, shall develop training standards and
curricula to allow for the certification of passenger vessel
security personnel, crewmembers, 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, crewmembers, 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 ports;
``(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 crewmember
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 crewmember 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 a 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 2010 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 H5265]]
``3507. Passenger vessel security and safety requirements
``3508. Crime scene preservation training for passenger vessel
crewmembers''.
SEC. 4. OFFSET OF ADMINISTRATIVE COSTS.
(a) Repeal of Certain Report Requirements.--
(1) Section 1130 of the Coast Guard Authorization Act of
1996 (33 U.S.C. 2720 note) is amended by striking subsection
(b).
(2) Section 112 of the Maritime Transportation Security Act
of 2002 (46 U.S.C. 70101 note) is repealed.
(3) Section 676 of title 14, United States Code, is amended
by striking subsection (d).
(4) Section 355 of title 37, United States Code, is amended
by striking subsection (h) and redesignating subsection (i)
as subsection (h).
(5) Section 205 of the Coast Guard and Maritime
Transportation Act of 2004 (14 U.S.C. 637 note) is amended by
striking subsection (d).
(b) Combination of Fisheries Enforcement Plans and Foreign
Fishing Incursion Reports.--The Secretary of the department
in which the Coast Guard is operating shall combine the
reports required under section 224 of the Coast Guard and
Maritime Transportation Act of 2004 (16 U.S.C. 1861b) and
section 804 of the Coast Guard and Maritime Transportation
Act of 2004 (16 U.S.C. 1828) into a single annual report for
fiscal years beginning after fiscal year 2010.
SEC. 5. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
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 within which to revise and extend their
remarks and to 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 to urge the passage of the Senate
amendments to H.R. 3360, the Cruise Vessel Security and Safety Act of
2010. The House passed H.R. 3360 on November 17 by a vote of 416-4. On
June 10, 2010, the Senate passed this legislation with an amendment
which is now before us for consideration today.
I applaud my distinguished colleague, Congresswoman Doris Matsui, the
author of H.R. 3360, for her hard work on this legislation and for her
tireless work on behalf of her constituent, Ms. Laurie Dishman, and of
all victims of crimes on cruise ships.
As chairman of the Subcommittee on the Coast Guard and Maritime
Transportation, I've convened two hearings to examine the issue of
crime on cruise ships. I applaud Ms. Dishman and so many other victims
and family members of victims for testifying before my subcommittee and
for their long effort to support the development of legislation that
would help ensure no one else is a victim of a crime on a cruise ship.
Almost all of the nearly 200 cruise vessels embarking and
disembarking passengers in the U.S. are registered in foreign
countries. As a result, when Americans step onto a cruise vessel, they
are stepping onto what becomes a floating piece of another country's
jurisdiction as soon as it leaves U.S. waters.
All available statistics indicate that crime is rare on cruise
vessels, but it does happen. Therefore, H.R. 3360 seeks to improve the
safety of passengers on cruise vessels by requiring commonsense
measures to help prevent criminal activity and to ensure cruise lines
respond appropriately when a crime occurs, including, by providing
proper care for crime victims and securing crime scenes.
I believe that H.R. 3360 responds directly to the problems we
examined in our hearings by requiring reasonable alterations 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 that passengers can identify who
is at their door without having to open the door.
H.R. 3360 also requires that cruise vessels have railings that are at
least 42 inches high to help prevent passengers from falling overboard.
This legislation also requires that cruise ships have onboard trained
medical personnel who can provide treatment to assault victims, collect
evidence to support prosecutions, and administer antiretroviral
medications. This legislation also requires that a store of such
medications be maintained on cruise vessels.
And at this point, Mr. Speaker, I would also like to give credit to
my colleague on our subcommittee and committee, Congresswoman Corrine
Brown of Florida, who fought very hard to make sure that folks who may
have been victims of rape had the appropriate personnel to address
their concerns, as did Ms. Matsui. These provisions are critical to
ensuring that those who are victims of sexual assault have immediate
access to state-of-the-art medical care.
H.R. 3360 also specifies certain crimes that must be reported to U.S.
authorities by any vessel calling on a U.S. port, and it requires the
government to maintain an Internet site that provides a numerical
accounting of the reported crimes. 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.
The Senate amendment made several changes to the legislation passed
by the House. Some of these changes enhance the legislation, including
the addition of a provision requiring cruise ships to inform passengers
of jurisdictional authority applicable to crimes occurring in United
States territorial waters, on the high seas, and in the countries
visited by the vessel.
That said, the Senate amendment also eliminates a number of reports
unrelated to crime on cruise ships that have been required by other
pieces of legislation to be submitted to the Congress by the Coast
Guard, including a report on foreign-flagged vessels calling on U.S.
ports and a report on Coast Guard staffing levels in search and rescue
centers.
I understand that the elimination of these reports was demanded by a
few Senators, ostensibly to offset the costs of implementing safety and
security reforms on cruise vessels. I do not believe that measures that
improve safety and security, and particularly not measures such as H.R.
3360, which imposes almost all new requirements on the cruise lines
themselves, should require offsets, and particularly not offsets such
as these.
That said, enactment of H.R. 3360 will make cruising safer for the
millions of Americans who travel on cruise vessels each year, and I
urge all of the Members of the House to join in passing the Senate
amendments to H.R. 3360.
I also take this moment to thank my ranking member, Mr. LoBiondo, for
our bipartisan efforts in seeing that this legislation got to the floor
and is passed.
I again commend Congresswoman Matsui for her dedication to this cause
and for her extraordinary work on H.R. 3360.
Mr. Speaker, I reserve the balance of my time.
{time} 1915
Mr. LoBIONDO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the House is considering the Senate amendments to H.R.
3360, the Cruise Ship Security and Safety Act of 2010. I supported
passage of the original bill and intend to support this final version
because, on the whole, the bill is a significant improvement over
legislation that was considered by the House in the 110th Congress.
The Committee on Transportation and Infrastructure has closely
examined the factors that are impacting the safety and security of
American citizens aboard cruise ships that operate in and out of United
States ports. H.R. 3360 makes commonsense improvements which will
enhance safeguards for passengers during the cruise. While no level of
procedural or structural modification 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
ship
[[Page H5266]]
lines which will require cruise operators to immediately notify Federal
law enforcement agencies of major incidents that occur aboard a vessel.
I am concerned by one change that was included in the Senate bill to
expand criminal liability to apply to a wide range of actions under the
bill. This goes far beyond what was agreed to in the original House
bill, and I believe we should review the impacts of this language at
some point in the future.
That being said, the bill will provide additional protections to U.S.
passengers, and I ask all Members to join me in supporting the bill.
I reserve the balance of my time.
Mr. CUMMINGS. Mr. Speaker, I yield 4 minutes to the sponsor of the
bill who has worked very hard on this legislation for years now, the
distinguished lady from California, Congresswoman Matsui.
Ms. MATSUI. I thank the gentleman from Maryland for yielding me time.
Mr. Speaker, I rise in support of the Senate amendments to H.R. 3360,
the Cruise Vessel Security and Safety Act, legislation that I
introduced and which passed the House by a strong bipartisan vote of
416-4 in November of last year. The bill received similar support in
the Senate, which passed it with unanimous consent earlier this month.
The Senate amendments to this legislation are also bipartisan in
nature, and I urge my colleagues to support the bill before us that
would send critical consumer protection language to the President for
his consideration. For far too long American families have unknowingly
been at risk when embarking on cruise vacations.
Four years ago, one of my constituents, Laurie Dishman, wrote to me
for help. Laurie was the 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 worked with
Chairman Cummings, who committed to me to hold hearings on this issue
and began to work on this critical legislation.
These hearings made apparent the gross inadequacies of current cruise
safety provisions. And with ongoing news coverage of rapes on cruise
ships, it is clear that this legislation is both urgent and necessary.
My legislation establishes stringent new standards to ensure the safety
and security of passengers on cruise vessels. Its reforms include
requiring that vessel personnel be able to preserve evidence of crimes
committed on these 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, dangerous crimes
aboard cruise ships.
I would like to thank both Chairmen, Cummings and Oberstar for the
good work their committees and staffs have done on this bill and for
their tremendous support in making this bill a reality. I would also
like to thank my colleagues on the other side of the aisle for their
support. This has been a long, difficult road for all cruise victims
and their families. And believe me, this legislation is truly a result
of their courage, their dedication, and their conviction to preventing
further crimes from happening.
I urge my colleagues to support this important legislation and pave
the way for safety of all cruise passengers.
Mr. LoBIONDO. Mr. Speaker, I yield to my colleague from Texas,
Congressman Poe, such time as he may consume.
Mr. POE of Texas. I appreciate the gentleman for yielding.
I rise totally in support of H.R. 3360, the Cruise Vessel Security
and Safety Act of 2010. This legislation passed the House with strong
support in November of last year, and I am pleased to see it return
from the other body as an improved bill ready for final passage. I
commend my colleague, Ms. Matsui of California, who has been relentless
as an advocate for protection of the cruise line passengers.
Mr. Speaker, every year cruise line companies carry over 10 million
Americans to and from American ports. The cruise lines promise
Americans safety, security, fun, and relaxation aboard the ships. But
as we have seen, safety is not something the cruise lines are always
prepared to guarantee.
According to the FBI, sexual assault is the leading crime reported
and investigated by the agency among crimes that occur on the high
seas. In fact, in a 2005 hearing before the Committee on Government
Reform, Chris Swecker, assistant director of the Criminal Investigative
Division of the FBI, noted that, ``Sexual assaults are the dominant
threat to women and minors on the high seas, with the majority of these
incidences occurring on cruise ships.'' His statements are backed up by
the disturbing frequency of assaults onboard these ships. During one 6-
month period in 2007, the cruise lines reported 41 separate instances
of sexual assault to the FBI, 19 of which were categorized as rape.
There are troubling patterns to these assaults. In 2007, a Los
Angeles Times report revealed that over a 32-month period, Royal
Caribbean reported over 250 incidents of sexual assault, battery, and
harassment. But the most startling fact about these cases: Almost 40
percent of these crimes were committed by cruise company employees. In
fact, Ms. Matsui's constituent, Laurie Dishman, was sexually assaulted
by a cruise ship security guard.
Laurie Dishman knew what to do, which was call her Member of
Congress. And when Ms. Matsui found out about this situation, she did
what she needed to do and worked relentlessly with both sides of the
body here to make sure that this legislation came to a vote and now
final passage.
Mr. Speaker, the frequency of these cases and the overwhelming
statistics should not be tolerated. If U.S.-based cruise ship companies
who own and operate foreign-flagged passenger vessels want to access
millions of Americans who travel on these ships, they should be
required to implement simple, proper safety and security improvements
for all travelers.
As the cochair and founder of the Congressional Victims' Rights
Caucus, I am proud to support H.R. 3360. This bill will implement
necessary safety measures onboard cruise ships, including video
surveillance and proper documentation of complaints by passengers. Most
importantly, the law mandates that cruise ship personnel contact both
the FBI and the Coast Guard as soon as serious crimes like homicide,
kidnapping, and assault are reported by the passengers.
This strong legislation will protect the safety of millions of
Americans and hold law violators accountable for sexual assault on the
high seas. No longer will criminals be able to hide on our oceans when
they commit crimes against Americans. So I urge my colleagues to
support this bill.
Mr. OBERSTAR. Mr. Speaker, I rise today in strong support of the
Senate amendment to H.R. 3360, the ``Cruise Vessel Security and Safety
Act of 2010.''
Serious crimes are committed at sea aboard cruise vessels just as
they are committed on land. Over the last five years, sexual and
physical assaults were the leading crimes committed aboard cruise
vessels and investigated by the Federal Bureau of Investigation.
Alarmingly, it is not known precisely how often crimes are committed
on cruise vessels or how many people have disappeared during ocean
voyages because cruise lines that are registered in countries other
than the United States are not required to make crime-related data
available.
In fact, only one of the nearly 200 cruise vessels that serve the
North American market is registered in the United States. This means
that only one cruise vessel serving the North American market is, at
all times, subject to the laws of the United States and required to
report incidents of alleged crimes to United States law enforcement
agencies.
While there are limited circumstances in which the U.S. can assert
jurisdiction over some crimes occurring on cruise ships, cruise vessels
registered in foreign countries directly fall under the jurisdiction of
the United States only when they are operating in U.S. waters--in U.S.
ports or sailing within 12 miles of the U.S. coast.
At all other times, foreign-registered vessels operate subject to the
laws of the country in which the vessel is registered or in whose
waters they are travelling. The laws in these countries may not--and
often do not--provide the same rights and protections to crime victims
that would be provided under U.S. law.
However, foreign-registered cruise vessels can be subject to some
U.S. laws as a condition of entry into U.S. ports.
By applying conditions upon U.S. port entry, H.R. 3360 seeks to
bridge some of the potential gaps between the rights, protections, and
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access to assistance that are available to victims of crime under U.S.
law and the laws of other countries.
H.R. 3360 establishes stringent new standards including training for
ships' personnel to preserve evidence of crimes and provide appropriate
medical treatment. Specifically, H.R. 3360 requires cruise lines to aid
U.S. investigators by training crewmembers in crime scene preservation,
by mandating log book entries detailing complaints of crimes, and by
making available video tapes and other forms of evidence.
The legislation also provides much-needed support for the victims of
crime by requiring cruise lines to provide on board medical
professionals who are trained to treat victims of sexual assaults,
medications, and access to victims' support services.
In addition, H.R. 3360 ensures that the public can make informed
choices before booking a cruise. The bill requires the Secretary of
Homeland Security to compile and maintain statistical data of certain
incidents on an internet website. The data would identify each cruise
line and each cruise line would be required to provide a link on its
internet site to the website maintained by the Secretary.
Finally, H.R. 3360 enhances the safety and security of cruise
passengers by requiring cruise lines to upgrade, modernize, and
retrofit the safety and security infrastructure on their vessels by
installing peep holes in passenger doors, video surveillance cameras,
time-sensitive electronic key technology, higher railings, and acoustic
hailing devices.
It is estimated that 10.6 million Americans enjoyed a cruise vacation
in 2007. Millions more have cruised since and millions more will cruise
in the future. We need to ensure the security and safety of passengers
and crews on cruise vessels and to provide support for the victims of
crime at sea.
With passage of this legislation today, the bill will be cleared for
the President's consideration.
Before closing, I want to acknowledge the extraordinary work of the
gentlewoman from California (Ms. Matsui) for bringing us to this point.
In 2006, Ms. Matsui's constituent, Laurie Dishman, who was the victim
of a crime aboard a cruise ship, reached out to Ms. Matsui and Congress
for help in addressing the significant shortcomings of cruise vessel
safety and security. Ms. Dishman had the courage and fortitude to tell
her heart-wrenching story to our Committee in a hearing on these
issues. Knowing Ms. Dishman's story, Ms. Matsui drafted this bill and
has worked for more than three years to get Congress to this point.
I also thank the gentlemen from Arizona (Mr. Shadegg and Mr.
Mitchell), who have strongly supported this bill on behalf of the
daughter of an Arizona constituent. Merrian Carver disappeared from a
cruise ship in August 2004, and was never found. What makes Ms.
Carver's case even more shocking is not just that a vibrant, young
woman was lost, but that her disappearance was not reported by the
cruise line to the U.S. Coast Guard or the FBI until well after the
voyage ended.
Finally, I thank Chairman Jay Rockefeller, Chairman of the Senate
Committee on Commerce, Science, and Transportation, for working to
overcome Republican objections to the bill, enabling Senate passage of
the legislation.
With enactment of this legislation, I am hopeful that the stories of
Laurie Dishman and Merrian Carver will become a thing of the past.
Although we cannot stop all crimes aboard cruise ships (or anywhere
else), we can ensure that Americans will be protected by our system of
justice.
I urge my colleagues to join me in supporting the Senate amendment to
H.R. 3360, the ``Cruise Vessel Security and Safety Act of 2010.''
Mr. LoBIONDO. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. CUMMINGS. In closing, I will just urge my colleagues to vote in
favor of this very, very important piece of legislation that will have
far-reaching effects.
Mr. Speaker, I have no further requests for time, and 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 concur in the Senate amendment to the bill, H.R. 3360.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the Senate amendment was concurred in.
A motion to reconsider was laid on the table.
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