On November 17, the House passed, 416-4, the Cruise Vessel Security and Safety Act (H.R. 3360), sponsored by Rep. Doris Matsui (D-CA). Several of the bill’s provisions were incorporated into the Coast Guard Reauthorization Act (H.R. 3619), which the House passed on October 23 (see The Source, 10/23/09). The House Transportation and Infrastructure Subcommittee on Coast Guard and Maritime Transportation approved the legislation on July 30.
Under current law, cruise ships that are foreign vessels or are not in an area subject to United States jurisdiction are not explicitly required to report alleged crimes to U.S. government officials. However, current law does describe circumstances in which the United States may assert criminal jurisdiction. If such circumstances are met, the crimes over which U.S. officials may assert jurisdiction include “aggravated sexual abuse, sexual abuse, abusive contact of a minor or ward, abusive sexual contact…and transportation for illegal sexual activity.”
According the committee report, the Cruise Vessel Security and Safety Act would “impose new security and safety requirements on cruise ships that carry at least 250 passengers and call on a port in the United States.” The bill would require cruise ship owners to maintain adequate, in-date supplies of anti-retroviral medications and medications designed to prevent the spread of sexually transmitted diseases in the event of a sexual assault, as well as equipment and materials to perform medical examinations, evaluate the patient for trauma, provide medical care, and preserve evidence in sexual assault cases.
Physicians would be required to provide, among other provisions, assistance in the event of an alleged sexual assault, including conducting forensic sexual assault exams and administering proper medical treatment to assault victims. The vessel owner would be required to “prepare and provide to the patient and maintain written documentation of the findings of medical examinations conducted after an alleged assault, and these results must be signed by the patient.” Victims would receive free and immediate access to contact information for local law enforcement, the Federal Bureau of Investigation, the Coast Guard, the nearest consulate or embassy, the National Sexual Assault Hotline, or other third party victim advocacy hotline service.
The bill would require that any information regarding the assault be kept confidential no information could be released to the cruise line, other owner of the vessel, or legal representative without the prior knowledge and written consent of the victim or victim’s next-of-kin, as appropriate. However, information, other than medical findings, necessary to comply with logbook or other reporting requirements, or to secure the safety of passengers and crew members, could be released. In addition, such information could be released to law enforcement officials performing official duties in the course and scope of the investigation of the incident.
