[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3538 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3538

    To establish pilot programs for, and require the development of 
policies with respect to, the use of body-worn cameras by officers and 
 agents of U.S. Customs and Border Protection and U.S. Immigration and 
              Customs Enforcement, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 2 (legislative day, September 28), 2018

  Ms. Harris introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
    To establish pilot programs for, and require the development of 
policies with respect to, the use of body-worn cameras by officers and 
 agents of U.S. Customs and Border Protection and U.S. Immigration and 
              Customs Enforcement, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DHS Body-Worn Camera Act of 2018''.

SEC. 2. PILOT PROGRAMS ON USE OF BODY-WORN CAMERAS.

    (a) In General.--The Secretary of Homeland Security shall establish 
pilot programs at U.S. Customs and Border Protection and U.S. 
Immigration and Customs Enforcement to test and evaluate the use of 
body-worn cameras by officers and agents of U.S. Customs and Border 
Protection and U.S. Immigration and Customs Enforcement.
    (b) Requirements for Pilot Program at U.S. Customs and Border 
Protection.--
            (1) Duration.--The pilot program required by subsection (a) 
        to be carried out at U.S. Customs and Border Protection shall--
                    (A) be implemented not later than 60 days after the 
                date of the enactment of this Act; and
                    (B) terminate on the date that is 11 months after 
                such date of enactment.
            (2) Deployment.--The Secretary shall ensure that, under the 
        pilot program described in paragraph (1)--
                    (A) not fewer than 500 body-worn cameras are 
                deployed to officers and agents of U.S. Customs and 
                Border Protection;
                    (B) not fewer than half of such cameras are 
                deployed to agents of the Border Patrol; and
                    (C) not fewer than half of such cameras are 
                deployed along the Southwest Border.
    (c) Requirements for Pilot Program at U.S. Immigration and Customs 
Enforcement.--
            (1) Duration.--The pilot program required by subsection (a) 
        to be carried out at U.S. Immigration and Customs Enforcement 
        shall--
                    (A) be implemented not later than 180 days after 
                the date of the enactment of this Act; and
                    (B) terminate on the date that is 18 months after 
                such date of enactment.
            (2) Deployment.--The Secretary shall ensure that, under the 
        pilot program described in paragraph (1)--
                    (A) not fewer than 500 body-worn cameras are 
                deployed to officers and agents of U.S. Immigration and 
                Customs Enforcement; and
                    (B) not fewer than half of such cameras are 
                deployed to agents of the Enforcement and Removal 
                Operations division.
    (d) Reports Required.--Not later than 60 days after the termination 
under subsection (b)(1)(B) or (c)(1)(B) of a pilot program established 
under subsection (a), the Secretary shall submit to Congress a report 
on the pilot program that includes the following:
            (1) A detailed description of incidences of the use of 
        force recorded using body-worn cameras under the pilot program, 
        disaggregated by the demographic data subsets of the 
        individuals involved.
            (2) A detailed description of incidences of the use of 
        force in which a body-worn camera was not used, disaggregated 
        by the demographic data subsets of the individuals involved.
            (3) The number of complaints filed against officers or 
        agents of U.S. Customs and Border Protection and U.S. 
        Immigration and Customs Enforcement relating to the use of 
        body-worn cameras under the pilot program.
            (4) The number of complaints filed related to an incident 
        in which a body-worn camera was worn by such an officer or 
        agent, but in which the body-worn camera as not activated.
            (5) The disposition of complaints described in paragraphs 
        (3) and (4).
            (6) An assessment of the effect of the use of body-worn 
        cameras under the pilot program on the accountability and 
        transparency of the use of force, including an assessment of--
                    (A) the efficacy of body-worn cameras in deterring 
                the use of excessive force by such officers and agents; 
                and
                    (B) the effect of the use of body-worn cameras on 
                responses to and adjudications of complaints.
            (7) An assessment of the effect of the use of body-worn 
        cameras under the pilot program on the safety of such officers 
        and agents.
            (8) An assessment of the effect of the use of body-worn 
        cameras under the pilot program on public safety.
            (9) An assessment of the effect of the use of body-worn 
        cameras under the pilot program on the collection of evidence 
        for criminal investigations and civil immigration enforcement, 
        including the number of cases in which data from a body-worn 
        camera was used as such evidence.
            (10) An assessment of the effect of body-worn cameras on 
        the personal privacy of members of the public and such officers 
        and agents, and whether the use of pinpoint redaction 
        technology may have assisted in protecting personal privacy.
            (11) A description of issues that arose under the pilot 
        program relating to the secure storage and handling of 
        recordings from body-worn cameras.
            (12) A description of issues that arose under the pilot 
        program relating to the access of the public to recordings from 
        body-worn cameras, including a description of issues that arose 
        in situations in which the use of force by such an officer or 
        agent was involved, and an accounting of any body-worn camera 
        footage released to the public.
            (13) Best practices for the development of protocols for 
        the safe and effective use of body-worn cameras.
            (14) A description of issues that arose under the pilot 
        program relating to violations of policies developed under 
        section 3, including the number of violations detected, 
        disaggregated by the type of violation, and the number of 
        internal affairs cases opened and the disposition of such 
        cases.
            (15) The total number of hours body-worn cameras were 
        activated under the pilot program, disaggregated by region.
            (16) An accounting of who accessed any body-worn camera 
        recordings, disaggregated by classified position title and 
        region.
            (17) An accounting and description of the total number of 
        instances an activity that was required to be recorded by a 
        body-worn camera was not recorded as described in section 
        3(b)(1)(E).
            (18) Any other matters relating to the pilot program that 
        the Secretary considers appropriate.

SEC. 3. DEVELOPMENT OF POLICIES WITH RESPECT TO BODY-WORN CAMERAS.

    (a) In General.--The Secretary of Homeland Security shall develop 
draft policies with respect to the use of body-worn cameras by officers 
and agents of U.S. Customs and Border Protection and U.S. Immigration 
and Customs Enforcement.
    (b) Elements.--The draft policies developed under subsection (a) 
shall include the following:
            (1) With respect to when a body-worn camera is activated or 
        deactivated in the course of duty, those policies shall--
                    (A) specify under what circumstances a body-worn 
                camera is required to be activated, including that such 
                cameras shall be activated, at a minimum, at the 
                inception of any calls for service or law enforcement 
                encounters, including vehicle stops, pedestrian stops, 
                foot pursuits, witness and victim interviews, in-
                custody transports, and uses of force, except that when 
                an immediate threat to such an officer's or agent's 
                life or safety makes activating the camera impossible 
                or dangerous, the officer or agent shall activate the 
                camera at the first reasonable opportunity to do so;
                    (B) include policies with respect to the use of 
                body-worn cameras in use-of-force incidents, such as a 
                shooting involving such an officer or agent, or in 
                critical incidents, including such an incident that 
                results in an in-custody death;
                    (C) specify at what point a body-worn camera is 
                required to be deactivated, which may be no earlier 
                than when an encounter described in subparagraph (A) 
                has fully concluded;
                    (D) ensure that such an officer or agent does not 
                have the ability to edit or delete a recording taken by 
                a body-worn camera; and
                    (E) specify that such an officer or agent who is 
                wearing a body-worn camera shall provide an explanation 
                if an activity that is required to be recorded by a 
                body-worn camera is not recorded.
            (2) With respect to storage and maintenance of recordings 
        from body-worn cameras, those policies shall--
                    (A) define the minimum and maximum lengths of time 
                for which such recordings shall be retained;
                    (B) provide for the secure storage, handling, and 
                destruction of such recordings;
                    (C) prevent and address issues relating to 
                tampering with, or deleting or copying, such 
                recordings; and
                    (D) establish a system to store such recordings 
                collected in a manner that requires the logging of all 
                viewing, modification, and deletion of such recordings 
                and prevents, to the greatest extent practicable, 
                unauthorized access to and unauthorized disclosure of 
                such recordings.
            (3) With respect to privacy protections, those policies 
        shall--
                    (A) provide for necessary privacy protections for 
                such officers and agents wearing body-worn cameras and 
                members of the public with whom such officers and 
                agents interact, including the use of pinpoint 
                redaction technology to protect personal privacy in a 
                manner that does not interfere with the ability to 
                fully and accurately ascertain the events that 
                transpired;
                    (B) require the consent of victims of and witnesses 
                to a crime before recording interviews relating to the 
                crime may be recorded;
                    (C)(i) require that such an officer or agent who is 
                wearing a body-worn camera notify an individual that is 
                the subject of a recording that the individual is being 
                recorded as close to the inception of the encounter as 
                reasonably possible; and
                    (ii) in the case of such an officer or agent at a 
                permanent Border Patrol checkpoint, specify that the 
                requirement under clause (i) can be achieved by posting 
                prominent signage in English and Spanish indicating 
                that individuals at the permanent checkpoint may be 
                recorded;
                    (D) require that, before entering a residence 
                without a warrant or in nonexigent circumstances, such 
                an officer or agent obtain consent from the occupant of 
                the residence to continue the use of a body-worn 
                camera; and
                    (E) ensure that recordings unrelated to law 
                enforcement purposes are minimized to the greatest 
                extent practicable.
            (4) With respect to access to recordings from body-worn 
        cameras, those policies shall--
                    (A) ensure that any such officer or agent wearing a 
                body-worn camera is prohibited from accessing a 
                recording on the camera without an authorized purpose;
                    (B) clearly describe the circumstances in which 
                such officers and agents and their supervisors may view 
                recordings from body-worn cameras;
                    (C) permit supervisors to view recordings from 
                body-worn cameras only for training purposes (and not 
                for use in any disciplinary action against such an 
                officer or agent) or when there is a complaint filed 
                against such an officer or agent or a use-of-force 
                incident; and
                    (D) establish--
                            (i) under what circumstances a recording 
                        from a body-worn camera will be released to the 
                        subject of the recording or to another law 
                        enforcement or intelligence agency or to the 
                        public; and
                            (ii) protocols for such release.
            (5) Those policies shall establish under what circumstances 
        recordings from body-worn cameras may be used to investigate 
        potential misconduct of such officers or agents or for other 
        law enforcement purposes.
            (6) Those policies shall establish disciplinary procedures 
        for violations of body-worn camera policies by agency 
        personnel, including officers, agents, and supervisors.
            (7) Those policies shall ensure that training is required 
        and provided to all such officers and agents who use body-worn 
        cameras, as well as any personnel involved in the management, 
        storage, or use of body-worn camera data, and ensure that such 
        training is provided before the use of any body worn camera by 
        such an officer or agent or the involvement of such agency 
        personnel in the direct management, storage, or use of body-
        worn camera data.

SEC. 4. CONSULTATIONS; PUBLIC COMMENT.

    In developing the pilot program required by section 2(a) and the 
draft policies required by section 3, the Secretary of Homeland 
Security shall--
            (1) consult with--
                    (A) the Officer for Civil Rights and Civil 
                Liberties of the Department of Homeland Security;
                    (B) the Chief Privacy Officer of the Department of 
                Homeland Security;
                    (C) the Director of the Office of Privacy and Civil 
                Liberties of the Department of Justice; and
                    (D) any labor organizations representing employees 
                of the Department of Homeland Security involved with 
                the use of body-worn cameras;
            (2) provide an opportunity for public comment; and
            (3) produce a report, which shall be posted on a publicly 
        available Internet website of the Department of Homeland 
        Security, that--
                    (A) summarizes the comments received under 
                paragraph (2); and
                    (B) describes the final policies developed under 
                section 3 and the rationale for each such policy.

SEC. 5. IMPLEMENTATION PLAN.

    (a) In General.--The Secretary of Homeland Security shall submit to 
Congress--
            (1) a plan to implement, on a permanent basis, the use of 
        body-worn cameras by officers and agents of U.S. Customs and 
        Border Protection; and
            (2) a plan to implement, on a permanent basis, the use of 
        such cameras by officers and agents of U.S. Immigration and 
        Customs Enforcement.
    (b) Elements.--Each plan required by subsection (a) shall include 
the following:
            (1) A detailed description of the draft policies developed 
        under section 3.
            (2) An identification of the following:
                    (A) The number of body-worn cameras to be purchased 
                and deployed.
                    (B) Operational requirements for body-worn cameras, 
                including systems and support staff.
                    (C) The locations where body-worn cameras will be 
                used.
                    (D) Costs associated with the use of body-worn 
                cameras.
                    (E) A description of the cost-benefit analysis used 
                to determine the number, placement, and location of 
                body-worn cameras specified in the plan.
    (c) Submission.--
            (1) U.S. customs and border protection.--The Secretary 
        shall submit the plan required by subsection (a)(1) with 
        respect to U.S. Customs and Border Protection not later than 
        one year after the date of the enactment of this Act.
            (2) U.S. immigration and customs enforcement.--The 
        Secretary shall submit the plan required by subsection (a)(2) 
        with respect to U.S. Immigration and Customs Enforcement not 
        later than 21 months after the date of the enactment of this 
        Act.

SEC. 6. DEPLOYMENT OF BODY-WORN CAMERAS.

    (a) In General.--Not later than 180 days after the date on which an 
implementation plan is submitted under section 5, the Secretary of 
Homeland Security shall commence implementation of the plan to ensure 
the use of body-worn cameras by officers and agents described in 
subsection (b) whose job duties involve or may reasonably be expected 
to involve law enforcement contacts with the public.
    (b) Officers and Agents Described.--Officers and agents described 
in this subsection are officers and agents of--
            (1) the Office of Field Operations, the U.S. Border Patrol, 
        or Air and Marine Operations of U.S. Customs and Border 
        Protection; or
            (2) Enforcement and Removal Operations or Homeland Security 
        Investigations of U.S. Immigration and Customs Enforcement.
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