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Code · BILL · 117th Congress · S. 4802 (Introduced in Senate) — To authorize appropriations for the Coast Guard, and for other purposes. · Sec. 607

Sec. 607. Surveillance requirements

767 words·~3 min read·/bill/117/s/4802/is/section-607·

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Part B of subtitle II of title 46, United States Code, is amended by adding at the end the following: The requirements in this section shall apply to vessels engaged in commercial service that do not carry passengers and are any of the following: A documented vessel with overnight accommodations for at least 10 persons on board that— is on a voyage of at least 600 miles and crosses seaward of the boundary line; or is at least 24 meters (79 feet) in overall length and required to have a load line under chapter 51.
A documented vessel on an international voyage that is of— at least 500 gross tons as measured under section 14502; or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104. A vessel with overnight accommodations for at least 10 persons on board that are operating for no less than 72 hours on waters superjacent to the outer Continental Shelf (as defined in section 2(a) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331(a) ).
Notwithstanding paragraph (1), the requirements in this section shall not apply to any fishing vessel, fish processing vessel, or fish tender vessel. Each vessel to which this section applies shall maintain a video surveillance system in accordance with this section. The owner of a vessel to which this section applies shall install video and audio surveillance equipment aboard the vessel not later than 2 years after the date of enactment of the Coast Guard Authorization Act of 2022 , or during the next scheduled drydock, whichever is later.
Video and audio surveillance equipment shall be placed in passageways onto which doors from staterooms open. Such equipment shall be placed in a manner ensuring the visibility of every door in each such passageway. The owner of a vessel to which this section applies shall provide clear and conspicuous signs on board the vessel notifying the crew of the presence of video and audio surveillance equipment. The owner of a vessel to which this section applies shall provide to any Federal, State, or other law enforcement official performing official duties in the course and scope of a criminal or marine safety investigation, upon request, a copy of all records of video and audio surveillance that the official believes is relevant to the investigation.
Except as proscribed by law enforcement authorities or court order, the owner of a vessel to which this section applies shall, upon written request, provide to any individual or the individual’s legal representative a copy of all records of video and audio surveillance— in which the individual is a subject of the video and audio surveillance; if the request is in conjunction with a legal proceeding or investigation; and that may provide evidence of any sexual harassment or sexual assault incident in a civil action.
The owner of a vessel to which this section applies shall ensure that access to records of video and audio surveillance is limited to the purposes described in this section and not used as part of a labor action against a crew member or employment dispute unless used in a criminal or civil action. The owner of a vessel to which this section applies shall retain all records of audio and video surveillance for not less than 4 years after the footage is obtained. Any video and audio surveillance found to be associated with an alleged incident of sexual harassment or sexual assault shall be retained by such owner for not less than 10 years from the date of the alleged incident.
The Federal Bureau of Investigation and the Coast Guard are authorized access to all records of video and audio surveillance relevant to an investigation into criminal conduct. A vessel owner, managing operator, or employer of a seafarer (in this subsection referred to as the company ) shall provide training for all individuals employed by the company for the purpose of responding to incidents of sexual assault or sexual harassment, including— such training to ensure the individuals— retain audio and visual records and other evidence objectively; and act impartially without influence from the company or others; and training on applicable Federal, State, Tribal, and local laws and regulations regarding sexual assault and sexual harassment investigations and reporting requirements.
In this section, the term owner means the owner, charterer, managing operator, master, or other individual in charge of a vessel. . The analysis of subtitle II at the beginning of title 46, United States Code, is amended by adding after the item relating to chapter 47 the following: Chapter 49—Oceangoing nonpassenger commercial vessels .
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Sec. 607
Surveillance requirements
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