The proposed Cruise Ship Vessel Security and Safety Act was introduced by Representative Doris Matsui and Senator John Kerry to address criminal activity aboard cruise ships – areas which are largely unregulated.
How the Act came about
A sexual assault victim by a cruise ship employee contacted Matsui after cruise ship management refused to assist her properly secure evidence of the assault, identify her attacker or prosecute that person once the ship returned from sea. Matsui investigated the matter and realized that cruise ship crime victims are under-protected when it comes to personal injury and criminal activity.
What the Act would do
According to a press release from Representative Matsui, the Act would:
- Require safety measures. Mandate 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 better 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 website maintained by the Coast Guard.
- Improve procedures addressing criminal activity. Each ship would be required to maintain anti-retroviral 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 environmental and safety 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/suggestions to Congress.
- Establish equitable remedies. The bill also establishes fair and equal remedies for persons injured in boating disasters.