Transcripts For CSPAN2 Cruise Passenger Safety 20140811

Patient will not wind up addicted. It is not turned into something that is safe the strategy still prevent addiction so the Education Needs to be these are not good treatments for chronic pain. Should we mandate that states to mandate that medical program, a mandate position licenses it . Vitter guess i do use went way up for states that dont require the database before writing the prescription very few doctors look because they think they know what the addict looks like and they dont. In north korean prisoner. Here is a look at how some members of congress are spending their district work time away from washington. Looking forward to welcoming transportation secretary fox and the faa administrator to south jersey for a visit of Faa Tech Center employees to date. Meanwhile indiana, day one of the ventura, headed to the Outpatient Center to meet patients and talk about the new law that helps a bad scare. And senator chris murphy tweets what he is up to. My piculs predestination and ive already accomplished more today than the senate as many weeks. We will continue to monitor congressional tweets and try to bring more to you throughout the day. All this week we are showing you interviews with authors featured in our latest book sundays at eight. These conversations were gathered from years of but notes and q a programs. Tonight of the Blaine Harden talks about his book escape from camp 14, which is the story of the only person ever born in at number three in prison camps to escape. We will have this complete remarks for you today at 7 00, but here is a preview. How did he get inside this camp in the first place . He was born there. His crime was to be bored with. And his parents were there are four reasons that are almost as flimsy. His father was in the camp because his fathers brothers after the korean war had fled to south korea. And after the authorities heard about that his father and his fathers many brothers and parents where all rounded up and taken to camp 14. And that is where he was born. He does not know why his mother was there. She never told him and we never asked. They did not have the kind of relationship where they would talk. His parents from his mom and dad conceived them because they were chosen by the guard per something called a reward marriage. Shen was bread like a farm animal in the camp and raised by his mother. And he was physically his mother gave birth to him, but he was raised with the values and the rules of the guard and was not close to his mother and all. He had to memorize rules of the camp, most of which and by saying it you dont do this you will be shot immediately. The first rule of the camp, the most important rule is if you try to escape you will be shot immediately. A corollary to that rule is if you hear about an escape and dont report it you will be shot immediately. And these were basically his ten commandments, his ethical guidepost, like a little guy growing gap in that camp. That is a portion of a conversation we had with author Blaine Harden about his book escape from camp 14 which is the story of the only person ever born in a north korean prison camp to escape. His complete remarks today at 7 00 here on cspan2. All leach walked book tv in primetime tonight at 8 30 p. M. Eastern and tuesday through friday at 8 00. Book tv features a wide range of topics including foreign policy, coverage of the ferris and festivals across the country and the best sellers from this year. Let us know what you think about the programs youre watching. Call or email us. Join that cspan conversation, like us on facebook, follows on twitter. Well congress is on break this month cspan primetime features a wide range of political views and topics. A debate on americas greatness, Veterans Health care from the centers for Disease Control intervention. Revisit the Atlanta Press club and we take a history toward looking at the civil war. Cspan primetime monday through friday and 8 00 p. M. Eastern. And let us know what you think about the programs are watching. Join the conversation. Like us on facebook, follow us on twitter. Cruise ship passengers who are the victims of Sexual Assault testified before congress this year appearing before a Senate Committee hearing examining sapient security regulations for the cruise ship industry. Chair John Rockefeller said the cruise passenger protection act was written so passengers would be protected from crime and can get proper medical care. From july, this is just over an hour and 20 minutes. Protection s written so passengers will be protected from crime and get proper medical care while travelg op the for those who came here for different purposes, again, i want to apologize. This was a chance to get out five bills. Getting a bill out of the committee is a triumphant moment. So we had to take advantage. But the point of this hearing is all a few. So i am going to make my opening statement. Mr. Chairman, may i be reported in favor of these . So ordered. All right. I would like to begin this hearing in the same way i started hearing i held on the cruise industry last year by saying that most people who take a cruise ship vacations have a good experience. Millions of americans i would like to have silence please. Millions of americans go on cruises every year. Most of the time they have a nice trip and return home safely just like the cruise lines promise in their advertisements. Once in awhile things can go terribly wrong. Ships can catch fire, passengers fall overboard or get sick to my crews member sexually assault passengers instances like these are a part of the cruise experience. I am honored today to welcome four witnesses who will help us understand first and the consequences of these instances. Unfortunately, also a part of the cruise experience. Im very honored today to welcome four witnesses who will help us understand firsthand the consequences of these incidents. Weve talked about them this sort of a larger way, but we have not had the direct testimony of those affected by it and those who represent some who were affected by it. So thats what this hearing is for. The fact that some senators have left, dont let that bother you. Markups are unusual, and thats why they had to come, because theyre all 13, then they had to go do something else. But youre the point of all of this, and i want that to be very, very clear to you. As i said, im very glad to welcome four witnesses who will help us understand firsthand the consequences of these incident, what they had to go through. And i recognize that this is not an easy subject to talk about. Let that be said, okay . So that its painful, and however you reflect that pain, the committee understands it, welcomes it, joins you in, you know, the difficulty of coming up here and testifying before a Senate Committee. Although its really not that difficult after all. The cruise industry, im happy to say, is not happy that im holding this hearing. Theyre very up happy. Unhappy. Those companies dont like it when congress and the media talk about the risk of taking a cruise vacation. They have repeatedly told this committee in both public hearings and private meetings that cruise ships and trips are safe. Thats it. No need to do anything. But the facts tell a different story. It means that it doesnt mean that, as i said, the average person will have a good experience. But you dont judge a steel plant by, you know, 500 workers not being hurt, but 30 workers being very badly hurt. I mean, its the problems that you have to address. So the facts tell a different story. Last year our committee released a report that found hundreds of cruise crimes were not being publicly reported. Very basic negligence. Weve had several hearings where expert witnesses testified about ongoing safety and Security Problems like wrecks, fires, crimes onboard these vessels. And we continue to see the same issues continuing, to continue. And im fed up with it. Im fed up with them trying to stonewall us. Yes, they have lots of money, and they have lots of lobbyists, and thats were going to win this one. Almost exactly one year ago, carnivals president told this committee that his companys number one priority is, quote, the safety and security of our guests. He explained to us how the cruise lines have every incentive to make sure their customers have a good experience. That sounds nice in a congressional hearing, but its little comfort to the many people whose vacations or in a number of cases lives have been ruined by the cruise lines failure to deliver on their promises. That is, if they got a chance to see what the promises were, which is a problem in and of itself. And well talk about that. In spite of the evidence that crimes, fires, mechanical failures, drownings and mishandled medical emergencies occur with disturbing regularity on cruise ships, the industry continues to deny that it has a problem. Any problem. Just denies it has any problems. It has circled the wagons and reflexively fought all efforts to provide consumers more information about the risks of cruise ship vacations. I dont mind if they talk about the joys and the pleasures, but people have to talk about the risks too. Its not fair if they dont. They often refer to, you know, new york city doesnt they have all kinds of problems. But they dont advertise their problems. Yeah, but when youre on a cruise ship, you know, out in the ocean somewhere, there isnt a hospital next door, there isnt a Police Station to go to. I mean, youre just on an island all by yourself, and its a very different feeling than being part of a community which can come to help. So thats where my legislation comes in. Last year after witnessing the Costa Concordia tragedy, the carnal triumph debacle and learning about the underreported number of crimes on cruise ships, i introduced something called the cruise passenger protection act of 2013. In this bill i proposed making it easier for consumers to report crimes and and make complaints about problems on cruise ships. Everything is about making it easier. If you make it hard, a lot of people just wont do it. And unfortunately, when you have an encapsulated environment like a cruise ship trip, you have to be able to report. You just have to be able to do that. And do it fairly easily. So we headache it easier make be it easier to report. Ive also proposed publishing more information about crimes and other problems on cruise ships. You know what im talking about when i talk about the ticket problem. You have to peel, you know, layers of paper away, and youre just signing a ticket. But its underneath that somewhere that it says, oh, by the way, you give up your liability. That is not nice. Its a terrible thing to do to passengers. These arent crazy ideas that im suggesting. Theyre common sense protections that consumers already have if they travel, for example, in airplanes or if they travel by rail. But the cruise industry vehemently opposes my bill, even the bills simplest provisions like reporting crimes against miles per hours or put minors or putting up a web site that consumers can consult while theyre making their vacation plans so they can see what the problems might be and what the advantages might be so theyre making an informed decision. When an industry opposes even the most basic Public Disclosure about its conduct, it suggests to me, frankly, that it has something to hide. Our Witnesses Today are going to help us understand why it is so important for consumers to have this information. Unlike people vacationing on land, Cruise Ship Passengers who are victims of crime do not have immediate access to Law Enforcement. Well, youd say, well, sure, theyre out at sea. Yeah, but theyre out at sea, and they dont have access to Law Enforcement. Thats pretty basic. And if they suffer a Health Emergency on a cruise, they could be hundreds of miles away from a Health Facility that operates at u. S. Standards or even below u. S. Standards, just something called a hospital. Our witnesses are also going to tell us that in spite of the cruise industrys talk about taking responsibility for their passengers, Cruise Companies sometimes treat their customers with shocking callousness and disregard. My words are harsh because im angry about this. Four witnesses are appearing before this committee today, and i thank them. But there are many, many more people, as you all know, who could have shared their experiences and have with my staff, ken carver, Jamie Barnett and countless others have fought for years to help protect others from needless tragedy. I would like to thank everybody whos been willing to step forward and tell us their stories despite, as i indicated, the painful and sometimes tragic circumstances. Not just that they happened, but having to recall them verbally and publicly. Having accurate statistics about crimes and other incidents is important, and its even more important to understand the human cost of the safety and Security Problems that this industry is not fully acknowledging. This hearing along with other hearings and inquiries ive made into the cruise industry since ive been chairman are about one thing, and its called accountability. Being honest with people. I know the Cruise Companies think that i am singling them out, as they say, for special scrutiny. But i assure them that is not the case. I have never hesitated to Ask Companies tough questions when i think their Business Practices are hurting consumers. Thats my job. Thats all of our jobs. We have oversight. Thats the main reason we exist as a commerce committee, is to have oversight. And to try and make things better. This process of asking tough questions is called, in fact, oversight. Its one of the most important jobs congressional committees have, maybe the most important. When it comes to the cruise industry, weve been doing our job. We have held hearing, we have an lietzed the data analyzed the data and talked to many different people with experiences in this industry. This oversight has led us very clearly to the conclusion that we have to act. We need legislation to protect consumers. For anyone in this committee who still hasnt gotten the message, i urge you to listen closely today as these witnesses bravely share their experiences. I thank everybody, but i have one closing statement. And to the cruise industry, instead of fighting this process, i encourage you to listen carefully to the testimony today. I ask you to honestly consider whether there are steps that you can take to better protect the health and safety of your passengers. Look, this is the the cruise industry is booming. People love to travel. People love to go on those ships. And i dont begrudge them that. My own son has done that. I dont begrudge people that. They have a right to do that, but they also have responsibility since theyre under our jurisdiction to do it safely and properly for everyone. I believe there are steps that they can take, and i will continue pushing to make those things happen. I now call upon the distinguished senator from mississippi, roger wicker. Thank you, mr. Chairman. I think youve made a number of very important and valid points. I also want to thank the witnesses for being here. And as you said, mr. Chairman, it may be difficult for them to share their experiences, but its important that they do so, and i appreciate their courage in coming forward and being able to the share with us today on some information we need. The chair has billed this hearing as a forum to discuss his bill, the cruise ship passenger protection act, s. 1340. We need to protect passengers from crime, we need to insure access to medical care while on the high seas. These are important and worthy issues. I would say i think that it would be best the if we consider best if we consider this legislation as a standalone bill and not in connection with the coast guard authorization act. I dont know what the chairs approach to this is going to be, but i do not believe the reauthorization act is the appropriate vehicle for a cruise passenger protection bill. In my judgment, we ought to consider cruise ship passenger protection legislation separately from the coast guard authorization act. Congress deserves the opportunity to examine how we can strengthen the transparency of crimes on the high seas and the public deserves a discussion with full congressional attention to making cruising safer for americans and Foreign Tourists while visiting u. S. Ports. There are many areas in which the cruise ship industry is receiving criticism including the effectiveness of crime prevention, the response to crime, Sexual Assault, the report of incidents ask tax concerns. I hope that Safety Standards like those that could have been bicep official in the treatment of Violet Butler are a priority in this discussion. There are cruise ships underway with maximum capacities larger than many of our small towns and cities this america. Some cruise in america. Some cruise ships have more than 6,000 passengers and some 2,000 staff along with them. And yet they only require two medical professionals onboard. Imagine a small town of that size, for example, in rural mississippi. Imagine my native home in mississippi where theres some 5,700 people living, and what if we only had two medical professionals in the whole town . As a matter of fact, in my native city we have 29 health care professionals, 21 members of the police force as well as 24hour physician care in the emergency room. So there is, that gives me great pause to think that a cruise ship of only containing 8,000 souls would have only two medical professionals aboard. So we need transparency, we need to promote selfcorrecting behavior, and we all have a right to hear the stories of the victims. We do not need to paint the entire industry with a broad brush because of a few bad actors. I think the chair acknowledges that. But we should look for ways to partner with the industry to make passenger cruises a safe environment for our american passengers and tourists, and i encourage the Cruise Line Industry Association to work with congress to find a marketdriven solution. So thank you, mr. Chairman, and ill look forward now to getting to the testimony of our witnesses. Thank you, senator wicker, very much. The senator and i come from states with hot of rural maces with lots of rural places. My sort of hometown has about 270 people. So youre urban compared to us. [laughter] okay. Let me just go right to the witnesses. Lori dishman had a very, very bad experience on a Royal Caribbean cruise in 2006. Shes also an International Cruise victims associate, Association Board member which means she wants to follow through on that. Ill read each of the four and then call on one by one. Phil gersin represented a 15yearold minor who was raped on a cruise ship. He is also on that same board and chairman of the also chairman of the National Center for victims of crime. And im grateful that he is here. Amanda butler, who i just met outside whose mother suffered a medical emergency on a Carnival Cruise in 2013 and likely passed away there a lack of adequate medical care. Im proud that youre here. And kim ware who has, was a passenger on the carnival triumph that caught fire in 2013 and was stranded for four days. Now, thats those are are easy things for me to say, but theyre very hard to have gone through and even to to talk about. So lets get at it, and im going to call on lori dishman, and thank you so much for being here. Hello. My name is lori dishman. I would like to thank the chairman and the committee for con veeping this hearing and inviting me to washington. It is quite an honor and privilege to be here today. Senator rockefeller, i am a cruise ship rape victim. I have an experience to tell you about. A cruise line employee raped me during a vacation on a roy call caribbean Royal Caribbean cruise to mexico. He was working as a Security Guard in a disco on the ship. He approached me and asked me my name and cabin number. He later snuck down to my cabin and forced his way in. I resisted and struggled. He strangled me and brutally raped me. I awoke with ligature marks around my neck, and my tampon was impacted during the brutal rape. I did not know what to do, i did not know who to turn to. There were no police on the ship. I learned i was hesitant to call and report the crime because he wore a security badge. Just three days earlier i was looking forward to this cruise, the glossycolored brochures advertised an adventure every day, an experience to remember. I was celebrating my birthday and 30 years of friendship with my best friend, michelle. Weve known each other since we were 5 years old. I was so excited. But in the end in the evening, i would find myself in the middle of a night hair. Michelle called the purser desk to report the crime. A Security Officer and the head purser came to the cab by and sat on the bed where the rape occurred. I tried to tell them what happened, but they insisted that i prepare a written statement and sign it. They left without securing the cabin or taking me to the infirmary. After i had finished my statement, the Security Officer took me and michelle to the infirmary. The doctor handed us two black garbage bags and asked us to go back to the cabin and collect the evidence. We tried to preserve hair and other items, folding the pillow cases and sheets not knowing really what we were supposed to be doing. We returned to the infirmary along the public hallways with still all men surrounding us. It was a painful and humiliating ordeal. The ship doctor eventually performed the rape kit and examined my neck. I was returned to my cabin after the ordeal in the ship infirmary. I was traumatized to be back at the scene of the crime. I could not take my eyes off the hat dress where the crime occurred, strips of its sheets, pillow cases. The hat dress seemed naked and mattress seemed naked and dirty to me. It looked like how i felt. I could not stop thinking about what had just happened to me. I did not know what would happen next. I was eventually given three options; to the get off the ship in mexico and report it to the local port authorities, to stay off the cruise ship stay on the cruise ship and report it to the fbi when we returned or fly back to l. A. And report the rape to the if, bi. I opted to the fly back to los angeles as soon as i could get off the ship. Once in l. A. I was questioned extensively by the fbi, and they photographed the bruisings around my neck. A few days later, the fbi boarded the ship when it returned to port. Together with the cruise line defense attorneys. The crew member denied even going into my cabin. He did not pass the polygraph, but the fbi said it was a he said she said case and declined to arrest him. The department of justice declined the prosecute on that same day. The cruise ship then set sail again full of passengers with a rapist onboard. Two days later i learned the crew member changed his story and admitted going to my cabin. It was only then that the cruise line confined the cabin con tined him to his cabin the with no where to turn, i hired the maritime lawyer in miami. Why miami . Even though i live in sacramento the crews left from los angeles and the crime occurred in international waters. In the ticket it says you need to find an attorney in miami. My attorney fond of many things that surprised and angered me. The Security Guard was actually a janitor who the cruise line called a cleaning specialist who was paid 550 a month. He was assigned to act as a Security Department because the cruise ships limited number who of guards on staff. He had no training or race parents at all as a Security Guard. Royal caribbean records i found revealed an employee history which included lying, falsifying case records, insubordination and eight management. He also had sexually harassed to gross six weeks before he raped me. And they put him in a Security Guard uniform. We learned that on the night in question the witness observed him drinking beers given to him by the cruise line bartenders. Royal caribbean pursuant to court order that my attorney received sitting the cruise line had studied the problem of Sexual Assault on their chips back as far as 1999. The outside experts retained by the cruise line concluded that Sexual Misconduct occur frequently. The head Security Guard that came in the cabin told me, this never happens to be but the cruise line ignored with their experts told them by telling the public that crimes are rabin. In 2007i joined the International Cruise victims and and now a member of the icy be bored. Have testified in the past before the house of representatives in support of a cruise vessel safety secured security and safety act. Today and joined with the chairman of i. Ecb, board members, and france. In closing crews consumer has virtually no right for protection. I know this firsthand. Icv. In closing, cruise consumers have virtually no rights or protections. I know this firsthand. I know exactly how it feels to have no rights and to be victimized by the cruise line a second time after their employee assaulted me. Certainly our congress can require such a powerful industry to the timely and accurately report crimes against cruise ship guests, provide a clear and accurate statement of our rights embodied in a ticket without incomprehensible legal mumbo jumbo, hire competent medical providers and provide protection under a Consumer Agency which will help us in our time of need. Thank you. Thank you very much, ms. Dishman. And you did that well, and i know it was hard. We will have questions, but first we want to hear from phil gersin, who as i indicated, is a lawyer who represented a 15yearold minor who was raped on a cruise ship. Mr. Thank you, mr. Chairman and members of the chief. Ud]name is. Focus. My practice has focused on representing crime victims both at sea and on land. I appreciate your invitation to enter rallyist to consider by views in this chamber. I will be brief i would not read from a written testimony which states the case facts about the incident the chairman just referred to a and more details i will mention now and i welcome any questions the senators may ask. It pass the protection act is far short of the solutions but it is the next step on the path to greater passenger safety. If you think young women are safe and cruise ships, think again. They are not. My 50 yearold autistic teenage client was not supervise like she was on land because her family thought she was safe. They were vigilant to manage all activities scrupulously it was supervised on the last night of the crews of teen activities ended early but no one told her parents and she was led away by a sexual predator to restage room where she was brutally raped and attacked by a juvenile and adult male. That occurred two years after the cruise vessel safety and security act of 2010 was signed into law despite that fact her state department was lysol and cleaned before Law Enforcement could gain access security said there was a mistake we locked them out but the house keepers somehow overrode belloc not knowing that a crime was committed the evidence on the bet clothes and other evidence was lost fortunately our state legislature had the wisdom to enact and extend jurisdiction to crimes on cruise ships when their ships leave and return from florida ports. So there were four lauderdale based sheriffs deputies standing on the pier when the ship returned to port who took tests custody of these to offenders said they were punished under state law that had this occurred anywhere else besides florida, theyll likely would have gone and apprehended or unpunished. What is worse is the cruise line not only suppress the facts but they foster a misleading it Disinformation Campaign boasting that vacationers are safer at cbn on land. In some ways you are. You will not be hit by a car or truck walking in Public Places nor is it likely will be shot by an armed robber because there are no vehicles or guns allowed on the ship. The sexual crimes like the one that my a it is its client was a victim of are far too common and the risks are high. There are thousands of people on board with no police duty terror a scribers stop it the ships Security Officers are trained to protect the ship owners, not passengers and that is exactly what they do. The real answer based on my lifetime of experience with this work is that independent Steve Marshall should be placed on cruise ships, a trivial costs in view of the large number of people that are assembled on the Floating City vacations. If we cannot get that today we can start now with dot empowerment to make the risks known. Trees full disclosure of risk has been required by government for decades and it is a part of the fundamental fairness that is the fabric of the american society. Full disclosures of risk is the first up to improving safety. There a few travelers understand the legal relationship which exists in the cruise contract. As passengers cross the game with a surrender all legal rights to protect their own welfare except as the cruise stick it allows them to. This is not informed consent the ticket does not explain how the legal relationship is different at sea from what we know online and. It is not semantics when we refer to the ships captain as the master. The master is that and the passengers have no individual rights. The cruise Industry Association bill of rights is empty and meaningless. A close reading of the tickets reveal a frightening list of contractual and statutory disclaimers of a new vehicle responsibility for harm to passengers. The ticket say the cruise line has no liability in court for any excursion that they arrange or sell to the passengers or share fees with the operators but many responsibilities. Her but if there is medical negligence they have no responsibility. There is no arcane Statutory International maritime treaties which limit passenger rights and passenger remedies when something goes wrong on board either the cruise ticket or the live adequately informed of passengers of the nature or the extent of what they have given up by crossing the getting way. Gangway. They should be replaced with truth in advertising, full disclosure and informed consent which is the hallmark of American Life required by government for business and industry. And Tell Congress gives passengers more protections american nationals on cruise ships are on their own. I invite you to read my written statement which provides more details so i take no more time than is necessary now and i volunteered to assist in the process any way that i can in the future. Thank you very much. Ms. Butler . Your mother suffered a medical emergency in 2013 on a Carnival Cruise. Probably passed away from lack of adequate medical care. Senate senator rockefeller and members of the committee i appreciate the opportunity to tell my mothers story story, to share what we have learned and to offer recommendations from our perspective in the effort that no other family will go through what we had to experience. My mother expresses a Catastrophic Health defense and passed away may 4th with the cause of death listed as a brain injury. She was a woman who loved life and loved her family and had a generous heart anaphase fall and devoted wife and mother who was support her husband and provide care to many individuals in our community in mississippi. More than a hedger people came from the committee to her visitation. We just Pass Security and were preparing for the event when she collapsed. She had no pulse, she was not breathing, iran to plead with security personnel in that area but all that they did was show was the sealed off the exits of the bow so nobody could see. They did not step forward period to helped my mother. So i went to try to find a defibrillator are somebody to explain the was a medical and emergency. Being on the ships floor what is estimated 10 minutes there was a radio but no defibrillator or medical equipment. She examined my mother then waited for aid 32 arrive but did not initiate cpr. My mother was taken to the medical facility located within a distance that my father and i could have carried her had we been told. They had to unlock the doors, turn on the lights and the computers to prepare the tiny examination room for the resuscitation process and set up the portable to figure thereafter for cycles her posted return but nevertheless the duration of time without oxygen was near 32 minutes. Once resuscitated we were instructed to leave the ship we did not have the option to stay. My father went to his room with personal to pack his bags and carnival sent their personal into my room together my belongings. They made us stand on the gangway after we got off the water taxi we had to wait on an ambulance to come get her one employee a company does but no arrangements were made with customs to expedite to us as a medical riches a. The cardinal employee gave my father a telephone number for the Port Authority and left us completely alone in a foreign country to find us our own way to transport my mother to the United States for additional medical treatment. The carnival contract states they are not report responsible are liable for anything involving the welfare or safety of passengers. To the Company Makes no assurances that a physician will be available on a cruise it is states that medical care may not be available at all or will be delayed. It also states carnivals not responsible for the actions and they consider independent contractors my mothers cardiac events needed cpr in a timely manner should of been here today. She died needlessly because he made emergency protocol was not followed. The contract was too small to read the general public does not understand all the u. S. Rights are surrendered upon entering the vessel. Had we known our family never would have boarded the ship. Reoffered to the following recommendations to increase health care. We know some of these items are included in the cruise vessel security safety act of 2010, but we have been informed also that the medical requirements of that act has been narrowly interpreted. To modify a of a general medical care with the following requirements, that if regulators shed be placed zero each shipped with locations clearly designated and discussed during the initial safety meeting. Cpr trading as certification should be a requirement for all personnel on the ship. Personnel must be trained on how to respond to the emergency situation including zero girting medical assistance with an initial response to aid the passengers family. The english language should be a requirement for personnel on the vessels that have United States ports of call at a minimum all personnel should be able to understand words such ase7 ]f emergency, help, a doctor. 24 our health care is necessary considering they carry several thousand people per cruise for the ships position must be present and available to treat or be on call for Immediate Response with the event of the emergency situation. Doctorsc must have united stage medical board credentials emergency or Family Medicine and have released served the practicum. The standards have agreed to these standards have never carnival has ignored and virtually all of the standards they agreed to, to implement their ships. This must change for the safety and welfare future passengers. My father and i greatly appreciate the opportunity to tell my mother story, our experiences covering an hour recommendations to the committee. Thank you. But just for the benefits of the committee let Amanda Butler is talking about in part by onehalf to lose six years off of my present life and have triple strong glasses or a magnifying glass to be able to read what you are talking about. Yes. I gave this to bill nelson, he is getting older to. You give us your liability and you have no idea you were doing this because you cannot read this thing. I am breaking protocol and i apologize senate but you dont know what when you buy a ticket you are in a hurry hurry, that is the whole point and in this is your whole trip so to speak. Is deceitful and easy to correct and unnecessary. If you dont mind can make another statement senator . Carnival is suing my father and myself over 1,200. Bitterly for the lack of medical care we received after they dumped us off on an island completely alone. Year due to give up all of your rights. My mother was left in the hot tropical sun and did not have a chance the way they treated her medically. I apologize to my colleagues for interrupting protocol. Teeeighteen was a passenger on the carnival try of that caught fire and stranded for days which i really want to do here about. How does that have been . Chairman of rockefeller and Committee Members might name is kim i am the mother of five children and three grandchildren. My family and i have cruise to many times we love it and i naively had never given a thought to use up possible plots of a cruise ship being wary of the cold my boyfriend and i both to last minute cruise on carnival triumph to enjoy some sign but the first two days everything went as planned as we went to bet on the second day we had no idea what was to come. The passengers of carnival triumph would be a draft four days living in horrendous conditions. On the third day awakened by the regions announcement we quickly jumped up to go to the balcony where he saw a great amount of smoke coming from the back of the ship we immediately do it was a fire so the crew had repeated over and over during federal fire was the greatest danger is the. At high seas so the cruise director said there was a situation in the engine room there was confusion among the passengers as to whether to go to the muster stations are not prepared then we heard there had been a fire we were dead in the water with no power. Eventually the giant ships began to list that caused a great deal of fear that it would capsize and it was very clear that Carnival Cruise lines had no plan in place bit they were winning and. For such of the disaster. No electricity, water intermittently, we were informed the sewage system along corroborated for all passenger passengers were given read by a bad excuse instead of toward its. They did not want to use the banks then all public toilets on board were quickly filled to the top of human waste. And that it would back up to come out the shower drains than later the red by all banks would line the hall filled with feces. The stench was terrible. I was one of the fortunate passengers and had adopted a cab and the unlucky passengers had no access to fresh air or some late they were forced to move their families to mattresses in the hallways or the upper decks or on to the lounge chair where sheets were raised as protection from the sun a tent city was born. It was disconcerting to see the elderly and Young Children in these circumstances it had the parents packed enough diapers . To the elderly have their madison . Passengers waited hours in line for food. Hoarding food was a problem as people were concerned it would run out. I witnessed many heated arguments over according. The fate no longer looked clean and people who had not based were handling serving utensils. With the unsanitary conditions of foodservice in the sewage problem it is of that a miracle of massive by rock creek did not occur was constantly in fear of becoming sick and these conditions we try to stay on of public areas as much as possible. Interests the entire ship had become a refugee camp. I was very concerned violence would arrive as they struggled with these conditions the ship became very dark at night and ive never sought any security patrolling the ship. As time slowly dragged on first it would be flown out then to go back to houston the final decision is we would be pulled into mobile alabama this was made with no thought to the passengers on board. Going to mobile cause them to endure the miserable conditions for the extra 24 hours and was no way to communicate with my family and days adrift at sea i thought it would never end so i finally broke down and cried. Upon return home the only communication i received was a letter with a 500 check and a refund for a teacher cruise. This seemed to be inadequate for the danger of was put into. After being hauled i realized i put my trust in to the cruise industry with no knowledge of what happened in the event of a real emergency situation now i know that carnival cents out the triumph before a lot of six generators working with knowledge of the potential fire hazard in the fuel lines. I feel the cruise ship industry has a duty to provide not only a great vacation for passengers but to impart the utmost care when the of urgency arises. Information should be made public as problems occur on cruise ships so future passengers can make educated decisions on which lines to travel. Passengers should have the right to pursue compensation for any wrongdoing it is a wonderful way for families to vacation together however it needs to be made safer for all u. S. Citizens but my hope is that congress will pass legislation that the cruise industry abides by a strict standards for passenger safety sort future disaster of greater magnitude can be avoided. Thank you for your time. Thank you. I will start questioning. Followed by a senator blumenthal last he was a 29 year attorney general at the state of connecticut one of the most astute questioners i have ever listened to buy you are glass. Be patient. [laughter] last year there is a question for you ms. Butler last year they adopted in the passenger bill of rights we have done that with the Airline Industry and in four sets but one of those socalled rights is passengers have the right to full time professional medical attention in angus needed and tell medical care becomes available. That is there link wage not mind. A few weeks ago senior representatives from the cruise line situation told my staff that cruise lines have a duty to provide competition medical care. My question is still think that medicare medical care provided to your mother then to become confident so my question is was it provided to your mother competent . No. They did everything wrong. We were expecting one of the Security Guards would step forward to initiate cpr but instead they waited at least 10 minutes for even to call someone to look at my mothers body to see if she was breathing or not. She did not have a couple san to topped off the infirmary was close to we had to wait leader of the for them to turn everything on and on blocked the aed out of the closet to plugged into the wall and set up their own hospital while we would stand there waiting and by mom is not breathing it was horrific and completely unacceptable as american citizens. In your mothers case, carnival claims it says it had no duty to provide medical care train or supervise staff and no duty to make the sick bay available . Further they claim no duty to provide medical equipment like a basic external defibrillators machines. So when you bought your ticket for the cruise dean know if you were doing so at your own risk for cost . In the cruise line would deny liability for quality of care . We had no idea. We could not beat the thought to. It was tiny. You would have to click yes i agree to print off the ticket but you cannot see what they tried to hide. The average layperson as a humble family from mississippi, we dont own a magnifying glass and we would not printed off then try to figure out what the legal jargon or lack thereof was headed into the contract plus you assume certain level of responsibility. Right . Senators, you have viscid your folders . I would like to have this past to each of you and i circled the of word liability but i cannot read any of it. Neither could reap. Beginning of a of a voyage provide Safety Information on a mustard drill to help passengers prepare for an emergency like a fire or a representative to help passengers prepared to know what to do in the event of day emergency. Many of you have experienced emergency situations you were unprepared for to the cruise lines provided the affirmation of what to do with medical emergencies . Nefu . No. Now with my situation. The cruise line did not. Also my situation is a no. It would be very simple to add by the way the medical in for every is on this floor. We had no idea where to go. The obvious question if you had this information it may have helped . We could have saved her life. Someone should have given her cpr. And have more questions of my time is up. Okay. Well, ive got more questions, but my time is up for my first round, so i go to senator egg itch. Thank you senator begich. Thank you very much, mr. Chairman, and i appreciate the opportunity to have you all here today and thank you for share your story. Let me ask you, and i think, ms. Butler, you gave some suggestions if i remember the lineup in my writing here. You had suggested aed machines should be more visible or available, i think im not sure if thats the right word, but tell me what you mean by that. Weve been told that carnival does have defibrillators, aeds, but they keep them locked up because theyre afraid that the passengers may steal them. Okay. So and your comment about cpr training to make sure that employees or all employees or employees related to security, or help me understand what you were thinking there too. At the very least, security when people are coming back onboard from excursions. Uhhuh. There is part of the proposal that chairman has is to make sure theres Information Available to potential passengers or customers. Let me ask you a question. When you were researching your desire, was this your first cruise or second . Wed been doing this for years. Okay. Will couple times. So youre a cruiser. Used to be. In alaska, we have a lot of cruise ships, so i understand. Are you looking for not only what you location is, what your interested in, but decided i want to know how save this cruise is . Does that come across . Is that one of the thoughts that you have . You assume that if you were leaving out of a u. S. Port, that you have you as health care as part of safety, purity and. It safety, period. It was just an assumption. I appreciate the chairmans piece of legislation but and it talks about putting information on the department of transportation website. Might guess is that is not a place you would go to if youre going to look up a cruise and think about the safety of a cruise. I mean, d. C. Where im going, in other words . If youre going on a cruise site and think i want to go on a cruise to the meta train and i want to know how save the cruise is, that is your question. Is your first instinct to go to beautys website . No. What would that be . I think all of us would go to travelocity, expedia, chris. Com come Something Like that. But i think the assumption is theyre just like with air travel that i thought regulations were in place. A corporation as largest carnival, with a reputation, i would just assume they would have great Safety Measures in place on ships of that size. I was naive. Im just trying to figure out, what im worried about and i told the chairman does, adding another layer of information and the customer has no idea whether information is. Maybe they could put something on expedia senko to this site. I just cant figure out whats better go ahead, im sorry. Definitely every cruise line needs to havent updated recording on the website. In regards to the transportation, to me that would follow along with airline or train or if i was a consumer looking for something that involves all different types of transportation and incidents that occurred. But the regular consumer may go to that Royal Caribbean, carnival website or even a travel, but you should be able to know what type of crimes when youre planning a family vacation. The Television Commercials tv this false sense of let your kids go and have fun and do which want to do while youre on the cruise. And i feel that the different crimes and things that happen need to be reported. I feel all of the need to be reported, not just if there opened and difficult. I believe they need to all be you mentioned the case for all types of transportation . I dont know. After what ive learned from what i did know because i had the false sense was left out of los angeles, i thought of taking all my rights with me and didnt know that it was flown under liberian flag and that they were the ones that the law was under. Very good. Thank you very much. Thank you, senator begich. Senator blumenthal. Thank you, mr. Chairman, and thank you for championing this bill which i am very, very proud to cosponsor. Thank you for having this hearing which gives us an opportunity to really, not only express our support and sympathy, but also to make you a part of the crusade for this legislation which will really in a sense make something good come of your horrific experiences. And i have a family who is a constituent family in greenwich who suffered are tragically, a loss that in some ways is reminiscent of yours, and loss that still is with them. George smith the iv vanished, literally disappeared sometime overnight going into july for of nine years ago. He remains missing since the 2005. There was blood on the ship when it went into a harbor. The crime scene was never secured, let alone adequately investigated. His death remains a mystery today. Much to the understandable consternation of his family. Is deaf his death is with us still in connecticut. It is a grievous reminder that the rights of people who suffer as victims of crime while at sea are completely inadequate protected, as ms. Dishman, you have reminded us so dramatically and graphically. Thats the reason that these kinds of limitations on liability make a mockery of the implicit promises that are made to passengers on cruise ships, that they will be kept safe. Thats the minimal obligation of every cruise ship as to its passengers, you can say. Cant guarantee they will be happy, but they will always be celebratory, that the weather will always be good, but to keep them safe is a minimal obligation to each one of the instances and examples, the cruise ship failed in that basic obligation. And passengers were left without remedy. And without hope of real recovery. And in your instance, ms. Butler, what happened to your mother may well have been avoidable. And unnecessary in its ultimate consequence. And yet my special sympathy in that regard. So we are really trying to impose minimal protection on cruise ships. And thats the purpose of the cruise ship passenger protection act. It imposes standards of decency, standards of minimal, basic decency in what theyre doing on the cruise ship lines. Id like to ask you, ms. Butler, whether you have taken any legal action. I note in your testimony that you consult with an attorney and he advised you as to where you had to file suit and some of the basics of the law in this area. And to wonder whether you taken any yes, we have. A couple of our septic uppercase. Has indicated there are obstacles because of the way the law is set . Death on the high seas, its a literally, its david versus goliath and we are david. Passengers like yourself are not only on an island, as the chairman indicated, passengers are not only on an island in the high seas, but its a lawless island. Exactly. And, ms. Dishman, if i may ask you, have you taken any legal action . Yes, i did. And has your lawyer advised you as to obstacles that are in your way because of the inadequacy of the lost because yes. And i experienced several different challenges and things that occurred in regards to my case. Ms. Ware and mr. Gerson, let me ask you the same question. I know you are an attorney, so let me ask you what you taken legal action on behalf of your client. Indeed i did. And my clients case was settled for a handsome sum i must say, just recently. And i would comment on ms. Butlers situation that i litigated a very similar case for seven years involving the anoxic brain injury were 20 such old third year medical resident from ohio who collapsed on a treadmill on board the ship in the presence of the Fitness Center director who took no steps at all to resuscitate her, and there was a factual dispute over the length of time she was down without any defibrillation. And there are International Treaties that require crewmembers to be trained in cpr, and the position that the cruise lines take is that the training is only advisory. They are not required to use it, and its discretion as to whether or not they want to use it. And federal maritime law is that they are not legally responsible if they dont use it, and they didnt use it in this case. And this young woman to a brilliant career ahead of her essentially lives the life of a vegetable today with no recovery. Thank you. Yes, i have taken legal action, and i did not know that by signing the ticket i was giving up all my rights according to carnival for compensation. Mr. Chairman, again my thanks are having this hearing but im going to ask that a letter from a connecticut colleague, congressman jim himes be entered into the record in support of this legislation, and that concludes my question. Im out of time, but i would want to thank you again for being here today. Thank you. Thank you, senator blumenthal. That are a lot of questions, a lot of questions. You know, the thing that amazes me is you have a very profitable industry. They make a lot of money. They are very popular. I think their popularity will continue to increase. Many people will have a pleasant experience. They pay virtually no taxes in the United States, even though they are based in miami and a couple of other places. Everybody thinks theyre getting on an american ship, but theyre getting on a panamanian, you know, its always registered in some of the country where there are no taxes and there is no sense of accountability or responsibility. And i say to myself, why is it that they are so resistant to making some basic changes on things which are so obviously going to come back to haunt them . We understand that 90 plus or whatever of, whether its a 3000 person boat or a 6000, i think theyre building them six, 7000 passengers, why if youre making the money, you dont have to pay taxes come you dont pay the coast guard for when they come to bail you out and drag you are when the fbi is involved, you dont pay them. They have a free ride. They make a lot of money. They have a very good future. So why not as a matter of business sense, forget a very for a moment but just as in a business sense, wouldnt they take steps to clear up some of these problems weve been talking about . I mean, i remember when my wife and i i had never done cpr, and our children were in high school. We went and took a lesson in cpr, which i got through, and i think probably three days later i couldnt have repeated what i did because there wasnt a focus. There wasnt the same focus because it was all, something that might or might not happen. Why dont make these, volatility make these, why dont they inform you . And voluntarily make these complied with inform you . I come from a state with a lot of coal, and coal is a dangerous occupation. But its one way or mind is can be kept safe if you ventilate the minds and you pay attention. Operators, for the most part dont. They just get the coal out and the miners take their losses and get black lung and die from black lung. But the Companies Continue to be profitable. I dont understand why the cruise industry doesnt spend the money to fix some of these problems. Because it would benefit them, protected for people like me and senator blumenthal and others who are determined to make them do what they should be doing, and will do that no matter how many years it takes. That they just push us away, they dont want to talk. They dont want to discuss, just like they didnt want to react to any of your situations. In modern society, if you are in bankruptcy, that argues for not doing anything, but if youre not in bankruptcy and youre making a lot of money and these are really good people, why wouldnt you do that . And i simply dont understand that. And that sense of frustration, the sort of corporate mentality, you are from the federal government, dont do anything about it. You are talking about regulation. Well, yeah, we do regulation and we did on the airlines. When pilots were flying way over the limit of being alert and that a big airplane crash in lackawanna new york, wherever that is. A lot of people were killed on twin engine, the stock, not jet, and the pilots had gone commuter, a long time without sleep. So we put on requirements. They have to have before they get on an airplane to fly they have to have an eight hour sleep. If they dont sleep, okay, they dont sleep but they have to have that time to be able to sleep with time on each side to prepare for that and to get up from that. Thats not if thats government running roughshod over and industry, thats just not true. Just not true. Its just common sense protection of passengers. And the airlines are the safest thing to be possibly run on. You would know that Reading International news recently. Stay away from certain countries and airspace is, but i dont understand why they wont do it. And so one of the reasons that we had this hearing today, as youve been patient enough to put up with it and to answer questions and tell your stories, is to put certain colleagues on this committee in a position where they need to help. And one of our colleagues said, well, we should pass, this is a separate bill. And you shouldnt attach it to the coast guard bill. Everybody knows that the coast guard bill is a bill that youve got to pass. The cruise ships want the coast guard bill to pass, but if you separate them, the coast guard bill will pass and the cruise ship bill will get flushed down the toilet. So you dont allow that to happen. You hold them accountable. Its done in life, its bee donn business, its done in family situations. You have to take responsibility. So, i mean, ive got a lot of questions here. But i dont feel the need to ask them because most of them have been in part responded to. This whole idea of a hotel versus a city, you know. Its mystifying. When we had our last hearing, the represented cleat which is their lobbying organization sat right where youre sitting, you may want to move [laughter] and just dismissed it all. We are doing everything we possibly can. People have the responsibility for their own safety. Well, thats true, but when the General Motors is discovering that when certain things dont work in gm cars, the entire nation gets interested and their polls before congress and theyve got to india paying a whole lot of money to change their ways and to learn how to run a company with the consumer in mind. Ill give you just one sort of final example. People often dismiss, people are trying to help consumers, protect consumers. This committee is to be kind of a conference committee, was more business oriented. Now we have tried to make a people oriented, consumer oriented. Thats what its meant to be. And i just give you this just to contemplate because it sounds so stupid, but it affects peoples lives so directly, its so nasty. People move, and so they call a mover. And not in all cases but in some cases above are comes and a signed contract. They load all of their belongings onto the van. The number goes five miles and goes into an alley and calls them up and says, were going to triple your price. Sorry about that, but were going to triple your price. You have to pay is three times more money than the contract you signed. Now, you can go get a lawyer if you want, but youre not going to get you furniture back because you dont know where we are. Its a horrible thing. You just dont let that stop pass by. And so we are making life more difficult for them and better for the consumers. I dont know, i mean, you all made a trip with good spirits, with good thoughts, with enthusiasm, and ran into terrible problems. There was nobody to help you. Now, if you have been going on a little robot or something, that wouldve been one thing but youre going on a Huge Corporation ship who had all the experience and the wherewithal, the money, to solve your problem if you ran into them. But they just didnt. The tent city concept that youre talking about, i become thats famous throughout the world not because it was such a vile thing to do to people. Operations have to be responsible. This committee exists, as do others in other areas, to do oversight to find out if they are carrying out their businesses properly, with care. Some mistakes can happen, we understand that, but when theres this attitude of just neglect, and i was asking behind and im not sure of the answer, but i sort of remember the last hearing that when you signed the ticket with that invisible print, that many pages you give away your liability and all the rest of the, your ability to have recourse, but i believe, i may be wrong and if i am i forgive myself but this is what i remember. That it was in the signing of the ticket after your signature was on the ticket, it was then that you were able to not take, you know, you are able to take the sticky covering of the next page which have that liability clause which, of course, you were going to look at, and you couldnt read even if you decided you wanted to come and then you could see it, if you could see it. Thats awful behavior if it was true, and im not saying it was true. I remember that as the case but i may be wrong. But i dont have to be right about that, because what happened he was simply wrong in a modern society from corporations that are doing very well, are on the upswing and of every right to want to make people have a happy experience, had to make sure that they do. Because Everybody Knows that not everything works out the way it should. There will be problems. You know, for days waiting stranded, and a mother who didnt get any attention, and a 15 yearold girl who gets raped, in your own case. Its just you dont let stuff like that pass, particularly if it happens with a certain degree of consistency. So thats why we have had this hearing. And its all in the record. Everything you said is all in the record. And that bill, if were going to pass the coast guard bill, which ill tell you, those cruise lines want because they need the coast guard, and our coast guard is so broke it has ships that are very old, but they still function and theyre still used by the cruise ship lines. The minority leader asking wide web to do these things . Like it would do them separately . He had a very clear purpose for asking that question. Because he knew if we didnt separately the Coast Guard Team would pass and the cruise ship thing would fail. Its my job as chairman to make sure that we dont play the game that way. So i just want to come up with you totally thank you one, are talking about experiences that are not comfortable to talk about, doing so in a very forthright way, for educating this panel and believe me, just because not all the members are here, a lot of the staff is tom and its always the staff that really counts. [laughter] weve got good stuff, you will be a good senator. If you dont, well so im not going to carry this hearing forward, because i think the points that need to be made have been made and thats because youve made them clearly and with f