Sec. 8440. VIDEO EQUIPMENT; ACCESS AND RETENTION OF RECORDS
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## SEC. 8440 VIDEO EQUIPMENT; ACCESS AND RETENTION OF RECORDS ###
(a)Maintenance and Placement of Video Surveillance Equipment Section 3507(b)(1) of title 46, United States Code, is amended— ####
(1)by striking “ The owner ” and inserting the following: > > ##### “(A) In general > > The owner” > ; ####
(2)by striking “, as determined by the Secretary”; and ####
(3)by adding at the end, the following: > > ##### “(B) Placement of video surveillance equipment > > > ###### “(i) In general > > Not later than 18 months after the date of the enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, the Commandant in consultation with other relevant Federal agencies or entities as determined by the Commandant, shall establish guidance for performance of the risk assessment described in paragraph
(2)regarding the appropriate placement of video surveillance equipment in passenger and crew common areas where there is no reasonable expectation of privacy. > > > ###### “(ii) Risk assessment > > Not later than 1 year after the Commandant establishes the guidance described in paragraph (1), the owner shall conduct the risk assessment required under paragraph
(1)and shall— > > > ###### “(I) > > evaluate the placement of video surveillance equipment to deter, prevent, and record a sexual assault aboard the vessel considering factors such as: ship layout and design, itinerary, crew complement, number of passengers, passenger demographics, and historical data on the type and location of prior sexual assault incident allegations; > > > ###### “(II) > > incorporate to the maximum extent practicable the video surveillance guidance established by the Commandant regarding the appropriate placement of video surveillance equipment; > > > ###### “(III) > > arrange for the risk assessment to be conducted by an independent third party with expertise in the use and placement of camera surveillance to deter, prevent and record criminal behavior; and > > > ###### “(IV) > > the independent third party referred to in paragraph
(C)shall be a company that has been accepted by a classification society that is a member of the International Association of Classification Societies (hereinafter referred to as ‘IACS’) or another classification society recognized by the Secretary as meeting acceptable standards for such a society pursuant to section 3316(b). > > > ##### “(C) Surveillance plan > > Not later than 180 days after completion of the risk assessment conducted under subparagraph (B)(ii), the owner of a vessel shall develop a plan to install video surveillance equipment in places determined to be appropriate in accordance with the results of the risk assessment conducted under subparagraph (B)(ii), except in areas where a person has a reasonable expectation of privacy. Such plan shall be evaluated and approved by an independent third party with expertise in the use and placement of camera surveillance to deter, prevent and record criminal behavior that has been accepted as set forth in paragraph (2)(D). > > > ##### “(D) Installation > > The owner of a vessel to which this section applies shall, consistent with the surveillance plan approved under subparagraph (C), install appropriate video surveillance equipment aboard the vessel not later than 2 years after approval of the plan, or during the next scheduled drydock, whichever is later. > > > ##### “(E) Attestation > > At the time of initial installation under subparagraph (D), the vessel owner shall obtain written attestations from— > > > ###### “(i) > > an IACS classification society that the video surveillance equipment is installed in accordance with the surveillance plan required under subparagraph (C); and > > > ###### “(ii) > > the company security officer that the surveillance equipment and associated systems are operational, which attestation shall be obtained each year thereafter. > > > ##### “(F) Updates > > The vessel owner shall ensure the risk assessment described in subparagraph (B)(ii) and installation plan in subparagraph
(C)are updated not later than 5 years after the initial installation conducted under subparagraph (D), and every 5 years thereafter. The updated assessment and plan shall be approved by an independent third party with expertise in the use and placement of camera surveillance to deter, prevent, and record criminal behavior that has been accepted by an IACS classification society. The vessel owner shall implement the updated installation plan not later than 180 days after approval. > > > ##### “(G) Availability > > Each risk assessment, installation plan and attestation shall be protected from disclosure under the Freedom of Information Act, section 552 of title 5 but shall be available to the Coast Guard— > > > ###### “(i) > > upon request, and > > > ###### “(ii) > > at the time of the certificate of compliance or certificate of inspection examination. > > > ##### “(H) Definitions > > For purposes of this section a ‘ship security officer’ is an individual that, with the master’s approval, has full responsibility for vessel security consistent with the International Ship and Port Facility Security Code.” > . ###
(b)Access to Video Records; Notice of Video Surveillance Section 3507(b) of title 46, United States Code, is further amended— ####
(1)by redesignating paragraph
(2)as paragraph (3); ####
(2)by inserting after paragraph
(1)the following: > > #### “(2) Notice of video surveillance > > The owner of a vessel to which this section applies shall provide clear and conspicuous signs on board the vessel notifying the public of the presence of video surveillance equipment.” > ; ####
(3)in paragraph (3), as so redesignated— #####
(A)by striking “ The owner ” and inserting the following: > > ##### “(A) Law enforcement > > The owner” > ; and #####
(B)by adding at the end the following: > > ##### “(B) Civil actions > > 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 surveillance— > > > ###### “(i) > > in which the individual is a subject of the video surveillance; and > > > ###### “(ii) > > that may provide evidence of any sexual assault incident in a civil action. > > > ##### “(C) Limited access > > The owner of a vessel to which this section applies shall ensure that access to records of video surveillance is limited to the purposes described in this paragraph.” > . ###
(c)Retention Requirements ####
(1)In general Section 3507(b) of title 46, United States Code, is further amended by adding at the end the following: > > #### “(4) Retention requirements > > The owner of a vessel to which this section applies shall retain all records of video surveillance for not less than 20 days after the footage is obtained. The vessel owner shall include a statement in the security guide required by subsection (c)(1)(A) that the vessel owner is required by law to retain video surveillance footage for the period specified in this paragraph. If an incident described in subsection (g)(3)(A)(i) is alleged and reported to law enforcement, all records of video surveillance from the voyage that the Federal Bureau of Investigation determines are relevant shall— > > > ##### “(A) > > be provided to the Federal Bureau of Investigation; and > > > ##### “(B) > > be preserved by the vessel owner for not less than 4 years from the date of the alleged incident.” > . ####
(2)Administrative provisions **[**[46 U.S.C. 3507 note](/us/usc/t46/s3507)**]** #####
(A)Study and report Each owner of a vessel to which section 3507 of title 46, United States Code, applies shall, not later than March 1, 2023, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing the total number of voyages for the preceding year and the percentage of those voyages that were 30 days or longer. #####
(B)Interim standards Not later than 180 days after the date of enactment of this Act, the Commandant, in consultation with the Federal Bureau of Investigation, shall promulgate interim standards for the retention of records of video surveillance. #####
(C)Final standards Not later than 1 year after the date of enactment of this Act, the Commandant, in consultation with the Federal Bureau of Investigation, shall promulgate final standards for the retention of records of video surveillance. #####
(D)Considerations In promulgating standards under subparagraphs
(B)and (B), the Commandant shall— ######
(i)consider factors that would aid in the investigation of serious crimes, including the results of the report by the Commandant provided under subparagraph (A), as well as crimes that go unreported until after the completion of a voyage; ######
(ii)consider the different types of video surveillance systems and storage requirements in creating standards both for vessels currently in operation and for vessels newly built; ######
(iii)consider privacy, including standards for permissible access to and monitoring and use of the records of video surveillance; and ######
(iv)consider technological advancements, including requirements to update technology.
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Sec. 8440
VIDEO EQUIPMENT; ACCESS AND RETENTION OF RECORDS
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