,i #aacth ,,congress #b;d ,session ,h4 ,r4 #ehfe ,,in ,,the ,,house ,,of ,,representatives ,december #aa1 #bjad ,mr4 ,cleaver introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,armed ,services1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish a grant program providing for the acquisition1 operation1 and maintenance of body-worn cameras for law enforcement officers4 #a4 ,short title ,this ,act may be cited as the ,camera ,authorization and ,maintenance ,act of #bjad or as the ,,cam ,act of #bjad4 #b4 ,requirement to use body-worn camera systems 7a7 ,in general ,beginning on the date that is #ahj days after the date of enactment1 if1 in a fiscal year1 a ,state or unit of local government that receives any grant from the ,attorney ,general does not require law enforcement officers of that ,state or unit of local government to use body-worn cameras1 that ,state or unit of local government may not receive any grant from the ,attorney ,general in the following fiscal year4 7b7 ,hardship waiver ,the ,attorney ,general may waive the application of subsection 7a7 to any ,state or unit of local government that applies for such a waiver if1 in the determination of the ,attorney ,general1 compliance with the requirement of subsection 7a7 would pose a financial hardship on the ,state or unit of local government4 7c7 ,definitions ,terms used in this section have the meaning given such terms in section #ija of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgia74 #c4 ,body-worn camera grants ,title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgaa et seq47 is amended by adding at the end the following3 ,,mm ,body-,worn ,camera ,grants #cjca4 ,in general ,from amounts made available to carry out this part1 the ,director of the ,bureau of ,justice ,assistance may make grants to ,states1 units of local government1 and ,indian tribes for the acquisition1 operation1 and maintenance of body-worn cameras for law enforcement officers4 #cjcb4 ,uses of funds ,grants awarded under this section shall be-- 7#a7 distributed directly to the ,state1 unit of local government1 or ,indian tribe2 and 7#b7 used for the program described under section #cjcd4 #cjcc4 ,program described ,the program described in this section is any program implemented by a grantee requiring the use of body-worn cameras by law enforcement officers in that jurisdiction1 consistent with the following requirements3 7#a7 ,any law enforcement officer who has regular contact with the general public shall be required to wear and1 as appropriate1 activate a body-worn camera4 7#b7 ,an officer who is not otherwise assigned body-worn cameras may be required to wear one in certain circumstances1 including the following3 7,a7 ,after receiving a specified number of complaints or disciplinary actions4 7,b7 ,when participating in a certain type of activity1 such as ,,swat operations4 7#c7 ,body cameras should be worn on the officer's chest or at eye level4 7#d7 ,an officer who activates the body-worn camera while on duty should be required to note the existence of the recording in the official incident report4 7#e7 ,an officer who wears body-worn cameras should be required to articulate their reasoning1 on camera or in writing1 if that officer fails to record an activity that is required by department policy to be recorded4 7#f7 ,an officer is required to activate his or her body-worn camera when responding to all calls for service and during all law enforcement-related encounters and activities that occur while the officer is on duty traffic stops1 arrests1 searches1 interrogations1 investigations1 and pursuits4 7#g7 ,officers should also be required to activate the camera during the course of any encounter with the public that becomes adversarial after the initial contact4 7#h7 ,an officer shall inform any person who is being recorded by a body-worn camera when the person is being recorded unless doing so would be unsafe1 impractical1 or impossible4 7#i7 ,once activated1 the body-worn camera shall remain in recording mode until the conclusion of an incident or encounter1 the officer has left the scene1 or a supervisor has authorized 7on camera7 that a recording may cease4 7#aj7 ,policies shall designate the officer as the person responsible for downloading recorded data from his or her body-worn camera4 ,however1 in certain clearly identified circumstances 7including officer-involved shootings1 in-custody deaths1 or other incidents involving the officer that result in a person's bodily harm or death71 the officer's supervisor should immediately take physical custody of the camera and should be responsible for downloading the data4 7#aa7 ,if the camera system does not have a system to track who accesses the recorded data1 when1 and for what purpose1 grantees shall create an audit system that monitors who accesses recorded data1 when1 and for what purpose4 ,grantees may conduct forensic reviews to determine whether recorded data has been tampered with4 ,data shall be downloaded from the body-worn camera by the end of each shift in which the camera was used4 ,officers shall properly categorize and tag body-worn camera videos at the time they are downloaded4 ,videos shall be classified according to the type of event or incident captured in the footage4 7#ab7 ,when setting time frames for retention of data1 grantees shall consider the following3 7,a7 ,state laws governing evidence retention4 7,b7 ,departmental policies governing retention of other types of electronic records4 7,c7 ,the openness of the ,state's public disclosure laws4 7,d7 ,the need to preserve footage to promote transparency4 7,e7 ,the length of time typically needed to receive and investigate citizen complaints4 7,f7 ,the agency's capacity for data storage4 7#ac7 ,data must be managed by a third party4 ,to protect the security and integrity of data managed by a third party1 a grantee shall use a reputable1 experienced vendor1 enter into a legal contract with the vendor that protects the agency's data1 ensure the system includes a built-in audit trail and reliable backup methods1 and consult with legal advisors4 7#ad7 ,an officer shall be permitted to review video footage of an incident in which they were involved1 prior to making a statement about the incident4 7#ae7 ,a grantee's internal audit unit1 rather than the officer's direct chain of command1 should periodically conduct a random review of body-worn camera footage to monitor compliance with the program and assess overall officer performance4 7#af7 ,grantee policies pertaining to body-worn cameras shall include specific measures for preventing unauthorized access or release of recorded data4 7#ag7 ,grantees shall have clear and consistent protocols for releasing recorded data externally to the public and the news media 7or public disclosure policies74 ,each such policy must be in compliance with any applicable ,state or ,federal public disclosure laws4 7#ah7 ,body-worn camera training shall be required for all grantee personnel who may use or otherwise be involved with body-worn cameras4 7#ai7 ,the grantee shall collect statistical data concerning body-worn camera usage1 including when video footage is used in criminal prosecutions and internal affairs matters as well as when excessive force has been used4 7#bj7 ,the grantee shall conduct periodic reviews of policies and protocols of the grantee pertaining to body-worn cameras4 #cjcd4 ,allocation of funds ,funds available under this part shall be awarded to each qualifying unit of local government with fewer than #ajj1jjj residents4 ,any remaining funds available under this part shall be awarded to other qualifying applicants on a pro rata basis4 #cjce4 ,matching ,requirements 7a7 ,federal share ,the portion of the costs of a program provided by a grant under subsection 7a7 may not exceed #ej percent4 ,any funds appropriated by ,congress for the activities of any agency of an ,indian tribal government or the ,bureau of ,indian ,affairs performing law enforcement functions on any ,indian lands may be used to provide the non-,federal share of a matching requirement funded under this subsection4 7b7 ,non-,federal share ,the non-,federal share of payments made under this part may be made in cash or in-kind fairly evaluated1 including planned equipment or services4 4 #d4 ,establishment of task force on community policing and body camera accountability ,there shall be established in the ,department of ,justice a task force to do the following3 7#a7 ,the task force shall be created to provide recommendations on community policing1 including best practices from communities where law enforcement and neighborhoods work well together to create accountability and transparency4 7#b7 ,this task force shall provide a report to the ,congress by ,april #bjae the recommendations above4 7#c7 ,membership shall include representatives of civil rights organizations1 ,federal1 ,state1 and local law enforcement personnel1 and community policing experts4 7#d7 ,the task force shall develop proper body-worn camera training protocol4 7#e7 ,the task force shall study the impact that citizen review boards could have on investigating cases of alleged police misconduct4 7#f7 ,not later than #a year after implementation of the body camera requirement policy under section #cjcc of title ,i of the ,omnibus ,crime ,control ,act of #aifh1 the task force shall conduct a survey to determine best practices and effectiveness of the policy with findings to be reported back to the ,congress4 #e4 ,,gao report on pentagon's #ajcc program ,not later than #ij days after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,congress a report on the ,department of ,defense ,excess ,personal ,property ,program established pursuant to section #ajcc of ,public ,law #ajd-bja1 the ,national ,defense ,authorization ,act for ,fiscal ,year #aiig that includes information on-- 7#a7 which jurisdictions equipment is sent to2 7#b7 the value of equipment sent to each jurisdiction2 7#c7 the level of training provided to officers2 and 7#d7 how the equipment is used in the jurisdiction4