[Congressional Record (Bound Edition), Volume 154 (2008), Part 10]
[Extensions of Remarks]
[Pages 14123-14124]
[From the U.S. Government Publishing Office, www.gpo.gov]




         INTRODUCTION OF CRUISE VESSEL SECURITY AND SAFETY ACT

                                 ______
                                 

                          HON. DORIS O. MATSUI

                             of california

                    in the house of representatives

                        Thursday, June 26, 2008

  Ms. MATSUI. Madam Speaker, today I am introducing the Cruise Vessel 
Security and Safety Act. This bicameral, comprehensive cruise safety 
reform legislation has been informed by 2 years of research and 
numerous Congressional hearings.
  Madam Speaker, over 12 million Americans will travel on cruise lines 
in 2008. Within 5 years, that number is expected to reach 20 million. 
Unfortunately, few of these passengers fully appreciate how vulnerable 
they are to crime while at sea. Cruise ships, which operate under 
foreign flags of convenience, are not required under U.S. law to report 
crimes that occur outside of U.S. territorial waters. Citizens who are 
victimized often do not know their legal rights or who to contact for 
help in the immediate aftermath of the crime.
  In recent years, the media has reported on a number of high profile 
cases of passengers falling overboard, passengers gone missing and 
passengers being raped and sexually assaulted. Sadly, many of these 
cases remain unresolved.
  My involvement in this issue began after a young woman from my 
district, Laurie Dishman, came to me for assistance after she had been 
a victim of a violent crime on a cruise ship. Laurie shared her 
shocking story with me in a letter 2 years ago. At its heart, this bill 
addresses the concerns brought to my office 2 years ago by my 
constituent, Laurie Dishman.
  As a passenger on board a Royal Caribbean cruise ship, Laurie was 
raped by a crew member. One of the most disturbing aspects of Laurie's 
case is that the cruise ship on which she was raped had inadequate 
security staff. As a result, the cruise line promoted someone with no 
training to perform security personnel duties. If a real security guard 
had been on duty that evening, Laurie may have been spared her awful 
ordeal. The tragedy that ensued is something that Laurie will never 
forget.
  Laurie was brave enough to report the incident to the crew 
authorities, even though they treated her poorly and with little 
sensitivity. She also reported the crime to the FBI. Unfortunately, the 
U.S. Attorney's office declined the case for prosecution just 4 days 
later.
  I have since learned that there have been no convictions for rape 
cases on cruise lines in four decades. This statistic takes on a new 
meaning through the lens of Laurie's experience.
  Laurie told her story at a Transportation and Infrastructure, Coast 
Guard and Maritime Transportation Subcommittee hearing on crimes on 
cruise ships. At the hearing she spoke of her experience and also ways 
to improve prevention methods, including: peep holes and security 
latches on stateroom doors; instituting sensitivity training for crew 
members; and ensuring more CCTV cameras in hallways.
  After the hearing, I introduced the Protect Americans from Crimes on 
Cruise Ships Resolution on September 17, 2007, with Representatives 
Christopher Shays and Carolyn Maloney. The resolution has over 30 
cosponsors.
  The Coast Guard and Maritime Transportation Subcommittee held a 
follow-up hearing on September 19, 2007. We heard from other victims, 
some who were raped or assaulted while on a cruise; others who lost 
family members at sea. Unfortunately, we did not hear that the cruise 
lines had changed many of their standard operating procedures to 
reflect the previous hearing. In fact, just a few weeks before the 
hearing, a young woman had been raped on a cruise ship and was not 
given access to proper care.
  These incidents beg the question: what is the process when a crime is 
committed on a cruise line and what recourse do victims have? The more 
Members of Congress have inquired, the more we have learned that there 
is no shortage of cases of rape, sexual assaults of minors, alcohol-
related fighting and abuse, and persons overboard.
  Most recently, Senator Kerry and Senator Lautenberg held a hearing on 
cruise safety.

[[Page 14124]]

Less than a month before the hearing, a constituent of Senator 
Lautenberg's went missing while on a cruise, and was believed to have 
gone overboard. The family was not immediately notified of the 
incident. This incident occurred 4 years after Ken Carver's daughter, 
Merrian, went missing on a Royal Caribbean cruise to Alaska. Since 
then, Ken has been instrumental in organizing victims to promote safety 
on cruise ships, including starting the International Cruise Victims 
organization and developing a 10-point program to improve safety on 
cruise ships.
  Today, as a result of Mr. Carver, Ms. Dishman, and all of the many 
families of victims who have suffered so greatly, I am introducing a 
comprehensive reform bill with my esteemed colleagues Chris Shays, 
Carolyn Maloney, Lloyd Doggett and John Lewis to address the public 
safety concerns on cruise ships.
  Our legislation seeks to improve ship safety, provide transparency in 
reporting, improve crime scene response, improve training procedures 
and enforce safety and environmental standards.
  Improve Ship Safety. Our legislation would improve ship safety by 
mandating guard rails to reach 54 inches in height and entry doors of 
each passenger stateroom and crew cabin to have peep holes, security 
latches, and time sensitive key technology. Ship owners would be 
required to implement fire safety codes as well as technology to detect 
when a passenger falls overboard. Procedures would also be established 
to determine which crew members have access to staterooms and when.
  Provide Transparency in Reporting. The legislation would establish a 
reporting structure based on the current voluntary agreement in place 
between the cruise industry, the FBI, and the Coast Guard. 
Additionally, each ship would be required to maintain a log book, which 
would record all deaths, missing individuals, alleged crimes, and 
passenger/crewmember complaints regarding theft, sexual harassment, and 
assault. The log books would be available to FBI and Coast Guard 
electronically, as well as to any law enforcement officer upon request. 
Statistical information would be posted on a public Web site maintained 
by the Coast Guard.
  Improve Crime Scene Response. Each ship would be required to maintain 
antiretroviral medications and medications used to prevent sexually 
transmitted diseases after assault, as well as equipment and materials 
for performing a medical examination to determine if a victim has been 
raped. A United States licensed medical practitioner would be on every 
ship to perform the necessary examinations and to administer treatment. 
Private medical information would be protected, and would require 
written authorization for release. Additionally, all passengers would 
be given free, immediate, and confidential access to a National Sexual 
Assault Hotline and the FBI.
  Improve Training Procedures. The legislation would establish a 
program designed by the Coast Guard and the FBI, and certified by the 
Administrator of the Maritime Administration, to train appropriate 
crewmembers in crime scene investigation. Each ship would be required 
to maintain one crewmember trained and certified under such a program.
  Enforce Safety and Environmental Standards. The Coast Guard is 
authorized to dispatch personnel to monitor discharge of waste, to 
verify logbook entries related to waste treatment and disposal, and to 
act as public safety officers by securing and collecting evidence of 
alleged crimes. Additionally, the Secretary of the Coast Guard shall 
conduct a study of passenger security needs and report findings to 
Congress.
  Established Equitable Remedies. The bill also establishes fair and 
equal remedies for persons injured in boating disasters.
  Madam Speaker, nearly all cruise ships operate under a foreign flag. 
U.S. citizens who are victimized onboard cruise ships often do not know 
their legal rights or who to contact for help in the immediate 
aftermath of crimes. Unfortunately, few U.S. nationals are aware that 
they are at risk of being the victims of crime while on their 
vacations. And, it is even more concerning that these victims have 
inadequate access to assistance or law enforcement in the aftermath of 
the crime. Cruises operate in a legal vacuum, where a lack of 
accountability empowers predators and obstructs their victims' pursuit 
of justice. That is an unacceptable situation, made worse by the cruise 
lines' own efforts to avoid scrutiny of and accountability for their 
own handling of the security of their passengers.
  My hope is that with increased Congressional oversight, the cruise 
lines will finally take these crimes seriously and enact necessary 
reforms. This comprehensive legislation will give Americans who are 
victims of crime on a cruise ship access to justice, and require that 
necessary steps are taken to bring the perpetrators of such crimes to 
justice. The legislation will also ensure that the cruise industry 
provides information to passengers about security risks and maintain 
necessary security personnel on each ship.
  The Cruise Vessel Security and Safety Act of 2008 addresses the 
ongoing safety concerns on cruise ships and will help ensure that the 
millions of men, women and children who cruise each year are informed, 
aware and safe on cruise ships. I urge all of my colleagues to 
cosponsor this important bicameral, comprehensive legislation.

                          ____________________