ICE and CBP Body Camera Accountability Act

I 116TH CONGRESS 1ST SESSION H. R. 1013 To require agents and officers of U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection to wear body cameras, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 6, 2019 Mr. ESPAILLAT (for himself, Ms. BONAMICI, Mr. SERRANO, Ms. JAYAPAL, Mr. GARCI´A of Illinois, and Mr. BEYER) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned A BILL To require agents and officers of U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection to wear body cameras, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘ICE and CBP Body 4 Camera Accountability Act’’. 5 VerDate Sep 11 2014 01:33 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1013.IH H1013 kjohnson on DSK79L0C42 with BILLS 2 •HR 1013 IH SEC. 2. USE OF BODY CAMERAS BY AGENTS AND OFFICERS 1 OF U.S. IMMIGRATION AND CUSTOMS EN- 2 FORCEMENT AND U.S. CUSTOMS AND BOR- 3 DER PROTECTION. 4 (a) IN GENERAL.—Not later than the date that the 5 rule under subsection (e) is finalized, the Director of U.S. 6 Immigration and Customs Enforcement (ICE) and the 7 Commissioner of U.S. Customs and Border Protection 8 (CBP) shall ensure that agents and officers of ICE and 9 CBP, as the case may be, wear body cameras when such 10 agents and officers are engaged in official operations. 11 (b) IMPLEMENTATION.—To carry out this section, 12 the Director of ICE and the Commissioner of CBP shall 13 establish— 14 (1) policies, procedures, and best practices for 15 the use of body cameras by agents and officers of 16 ICE and CBP, including training relating to the use 17 of such cameras; and 18 (2) policies and procedures for carrying out ad- 19 verse actions under subsection (f). 20 (c) ALWAYS-ON.—Body cameras worn by agents and 21 officers of ICE and CBP shall be turned on at the begin- 22 ning of the shift of such agents and officers and shall re- 23 main on for the duration of such shifts. 24 (d) AVAILABILITY OF BODY CAMERA FOOTAGE.— 25 Footage collected by such a body camera shall be made 26 VerDate Sep 11 2014 01:33 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1013.IH H1013 kjohnson on DSK79L0C42 with BILLS 3 •HR 1013 IH available to each party to any administrative proceeding, 1 civil action, or criminal prosecution to which such footage 2 pertains in accordance with such requirements as the Sec- 3 retary of Homeland Security shall by rule require under 4 subsection (e). If such footage is not made available, such 5 a party may notify the Director of ICE or the Commis- 6 sioner of CBP, as the case may be, in writing for purposes 7 of instigating an adverse action described in subsection 8 (f). 9 (e) RULE MAKING.—Not later than 60 days after the 10 date of enactment of this Act, the Secretary of Homeland 11 Security shall commence a rule making regarding the use 12 of body cameras and the provision of footage in accord- 13 ance with subsection (d) that is consistent with the ‘‘Civil 14 Rights Principles for Body Worn Cameras’’ of the Leader- 15 ship Conference on Civil and Human Rights, May 2015. 16 The proposed rule shall include a comparison with the 17 American Civil Liberties Union’s January 2017 ‘‘Model 18 Act for Regulating the Use of Wearable Body Cameras 19 by Law Enforcement’’ and ‘‘An Act Relative to Body- 20 Worn Cameras for Law Enforcement Officers,’’ 2016 21 N.H. Legis. Serv. 322 (codified at N.H. REV. STAT. 22 ANN. § 105–D (2016)). 23 (f) ADVERSE ACTIONS FOR ABSENCE OF BODY CAM- 24 ERA FOOTAGE.—An agent or officer of ICE or CBP whose 25 VerDate Sep 11 2014 01:33 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1013.IH H1013 kjohnson on DSK79L0C42 with BILLS 4 •HR 1013 IH body camera does not record footage because of a violation 1 of subsection (c) shall be subject to furlough, reduction 2 in pay or grade, or a suspension of up to 30 days under 3 subchapter II of chapter 75 of title 5, United States Code, 4 as the Director of ICE or the Commissioner of CBP (as 5 the case may be) determines appropriate. If a body camera 6 does not record at a time when the camera is required 7 to be active, the Secretary of Homeland Security may not 8 determine that the camera suffered a malfunction unless 9 the agent or officer submits evidence sufficient to establish 10 that a malfunction occurred. 11 (g) PROHIBITION ON NEW FUNDING.—No additional 12 funding is authorized to be appropriated to carry out this 13 Act. This Act shall be carried out using amounts otherwise 14 made available for such purposes. 15 Æ VerDate Sep 11 2014 01:33 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H1013.IH H1013 kjohnson on DSK79L0C42 with BILLS