,,ii  #aaeth ,,congress  #b;d ,session  
,s4 #cech  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,october #b    
7legislative day1 ,september #bh71      
#bjah,ms4 ,harris introduced the        
following bill2 which was read twice and
 referred to the ,committee on ,homeland
 ,security and ,governmental ,affairs   
,a ,,bill  ,to establish pilot programs 
for1 and require the development of     
policies with respect to1 the use of    
body-worn cameras by officers and agents
 of ,u4,s4 ,customs and ,border         
,protection and ,u4,s4 ,immigration and 
,customs ,enforcement1 and for other    
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,,dhs ,body-,worn   
,camera ,act of #bjah4  #b4 ,pilot      
programs on use of body-worn cameras    
7a7 ,in general ,the ,secretary of      
,homeland ,security shall establish     
pilot programs at ,u4,s4 ,customs and   
,border ,protection and ,u4,s4          
,immigration and ,customs ,enforcement  
to test and evaluate the use of         

body-worn cameras by officers and agents
 of ,u4,s4 ,customs and ,border         
,protection and ,u4,s4 ,immigration and 
,customs ,enforcement4  7b7             
,requirements for pilot program at      
,u4,s4 ,customs and ,border ,protection 
7#a7 ,duration ,the pilot program       
required by subsection 7a7 to be carried
 out at ,u4,s4 ,customs and ,border     
,protection shall--  7,a7 be implemented
 not later than #fj days after the date 
of the enactment of this ,act2 and  7,b7
 terminate on the date that is #aa      
months after such date of enactment4    
7#b7 ,deployment ,the ,secretary shall  
ensure that1 under the pilot program    
described in paragraph 7#a7-- 7,a7 not  
fewer than #ejj body-worn cameras are   
deployed to officers and agents of      
,u4,s4 ,customs and ,border ,protection2
  7,b7 not fewer than half of such      
cameras are deployed to agents of the   
,border ,patrol2 and  7,c7 not fewer    
than half of such cameras are deployed  
along the ,southwest ,border4  7c7      

,requirements for pilot program at      
,u4,s4 ,immigration and ,customs        
,enforcement  7#a7 ,duration ,the pilot 
program required by subsection 7a7 to be
 carried out at ,u4,s4 ,immigration and 
,customs ,enforcement shall--  7,a7 be  
implemented not later than #ahj days    
after the date of the enactment of this 
,act2 and  7,b7 terminate on the date   
that is #ah months after such date of   
enactment4  7#b7 ,deployment ,the       
,secretary shall ensure that1 under the 
pilot program described in paragraph    
7#a7-- 7,a7 not fewer than #ejj         
body-worn cameras are deployed to       
officers and agents of ,u4,s4           
,immigration and ,customs ,enforcement2 
and  7,b7 not fewer than half of such   
cameras are deployed to agents of the   
,enforcement and ,removal ,operations   
division4  7d7 ,reports required ,not   
later than #fj days after the           
termination under subsection            
7b77#a77;,b7 or 7c77#a77;,b7 of a pilot 
program established under subsection    

7a71 the ,secretary shall submit to     
,congress a report on the pilot program 
that includes the following3  7#a7 ,a   
detailed description of incidences of   
the use of force recorded using         
body-worn cameras under the pilot       
program1 disaggregated by the           
demographic data subsets of the         
individuals involved4  7#b7 ,a detailed 
description of incidences of the use of 
force in which a body-worn camera was   
not used1 disaggregated by the          
demographic data subsets of the         
individuals involved4  7#c7 ,the number 
of complaints filed against officers or 
agents of ,u4,s4 ,customs and ,border   
,protection and ,u4,s4 ,immigration and 
,customs ,enforcement relating to the   
use of body-worn cameras under the pilot
 program4  7#d7 ,the number of          
complaints filed related to an incident 
in which a body-worn camera was worn by 
such an officer or agent1 but in which  
the body-worn camera as not activated4  
7#e7 ,the disposition of complaints     

described in paragraphs 7#c7 and 7#d74  
7#f7 ,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 force1       
including an assessment of--  7,a7 the  
efficacy of body-worn cameras in        
deterring the use of excessive force by 
such officers and agents2 and  7,b7 the 
effect of the use of body-worn cameras  
on responses to and adjudications of    
complaints4  7#g7 ,an assessment of the 
effect of the use of body-worn cameras  
under the pilot program on the safety of
 such officers and agents4  7#h7 ,an    
assessment of the effect of the use of  
body-worn cameras under the pilot       
program on public safety4  7#i7 ,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 enforcement1 including the  
number of cases in which data from a    
body-worn camera was used as such       

evidence4  7#aj7 ,an assessment of the  
effect of body-worn cameras on the      
personal privacy of members of the      
public and such officers and agents1 and
 whether the use of pinpoint redaction  
technology may have assisted in         
protecting personal privacy4  7#aa7 ,a  
description of issues that arose under  
the pilot program relating to the secure
 storage and handling of recordings from
 body-worn cameras4  7#ab7 ,a           
description of issues that arose under  
the pilot program relating to the access
 of the public to recordings from       
body-worn cameras1 including a          
description of issues that arose in     
situations in which the use of force by 
such an officer or agent was involved1  
and an accounting of any body-worn      
camera footage released to the public4  
7#ac7 ,best practices for the           
development of protocols for the safe   
and effective use of body-worn cameras4 
7#ad7 ,a description of issues that     
arose under the pilot program relating  

to violations of policies developed     
under section #c1 including the number  
of violations detected1 disaggregated by
 the type of violation1 and the number  
of internal affairs cases opened and the
 disposition of such cases4  7#ae7 ,the 
total number of hours body-worn cameras 
were activated under the pilot program1 
disaggregated by region4  7#af7 ,an     
accounting of who accessed any body-worn
 camera recordings1 disaggregated by    
classified position title and region4   
7#ag7 ,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        
#c7;b77#a77;,e74  7#ah7 ,any other      
matters relating to the pilot program   
that the ,secretary considers           
appropriate4  #c4 ,development of       
policies with respect to body-worn      
cameras  7a7 ,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 ,u4,s4 ,customs and ,border   
,protection and ,u4,s4 ,immigration and 
,customs ,enforcement4  7b7 ,elements   
,the draft policies developed under     
subsection 7a7 shall include the        
following3 7#a7 ,with respect to when a 
body-worn camera is activated or        
deactivated in the course of duty1 those
 policies shall--  7,a7 specify under   
what circumstances a body-worn camera is
 required to be activated1 including    
that such cameras shall be activated1 at
 a minimum1 at the inception of any     
calls for service or law enforcement    
encounters1 including vehicle stops1    
pedestrian stops1 foot pursuits1 witness
 and victim interviews1 in-custody      
transports1 and uses of force1 except   
that when an immediate threat to such an
 officer's or agent's life or safety    
makes activating the camera impossible  
or dangerous1 the officer or agent shall
 activate the camera at the first       
reasonable opportunity to do so2  7,b7  

include policies with respect to the use
 of body-worn cameras in use-of-force   
incidents1 such as a shooting involving 
such an officer or agent1 or in critical
 incidents1 including such an incident  
that results in an in-custody death2    
7,c7 specify at what point a body-worn  
camera is required to be deactivated1   
which may be no earlier than when an    
encounter described in subparagraph 7,a7
 has fully concluded2  7,d7 ensure that 
such an officer or agent does not have  
the ability to edit or delete a         
recording taken by a body-worn camera2  
and  7,e7 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   
recorded4  7#b7 ,with respect to storage
 and maintenance of recordings from     
body-worn cameras1 those policies       
shall-- 7,a7 define the minimum and     
maximum lengths of time for which such  
recordings shall be retained2  7,b7     

provide for the secure storage1         
handling1 and destruction of such       
recordings2  7,c7 prevent and address   
issues relating to tampering with1 or   
deleting or copying1 such recordings2   
and  7,d7 establish a system to store   
such recordings collected in a manner   
that requires the logging of all        
viewing1 modification1 and deletion of  
such recordings and prevents1 to the    
greatest extent practicable1            
unauthorized access to and unauthorized 
disclosure of such recordings4  7#c7    
,with respect to privacy protections1   
those policies shall-- 7,a7 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 interact1 
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 transpired2   
7,b7 require the consent of victims of  

and witnesses to a crime before         
recording interviews relating to the    
crime may be recorded2  7,c7 7i7 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 possible2   
and  7ii7 in the case of such an officer
 or agent at a permanent ,border ,patrol
 checkpoint1 specify that the           
requirement under clause 7i7 can be     
achieved by posting prominent signage in
 ,english and ,spanish indicating that  
individuals at the permanent checkpoint 
may be recorded2  7,d7 require that1    
before entering a residence without a   
warrant or in nonexigent circumstances1 
such an officer or agent obtain consent 
from the occupant of the residence to   
continue the use of a body-worn camera2 
and  7,e7 ensure that recordings        
unrelated to law enforcement purposes   
are minimized to the greatest extent    

practicable4  7#d7 ,with respect to     
access to recordings from body-worn     
cameras1 those policies shall-- 7,a7    
ensure that any such officer or agent   
wearing a body-worn camera is prohibited
 from accessing a recording on the      
camera without an authorized purpose2   
7,b7 clearly describe the circumstances 
in which such officers and agents and   
their supervisors may view recordings   
from body-worn cameras2  7,c7 permit    
supervisors to view recordings from     
body-worn cameras only for training     
purposes 7and not for use in any        
disciplinary action against such an     
officer or agent7 or when there is a    
complaint filed against such an officer 
or agent or a use-of-force incident2 and
  7,d7 establish-- 7i7 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 public2 and  7ii7 protocols   
for such release4  7#e7 ,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 purposes4    
7#f7 ,those policies shall establish    
disciplinary procedures for violations  
of body-worn camera policies by agency  
personnel1 including officers1 agents1  
and supervisors4  7#g7 ,those policies  
shall ensure that training is required  
and provided to all such officers and   
agents who use body-worn cameras1 as    
well as any personnel involved in the   
management1 storage1 or use of body-worn
 camera data1 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          
management1 storage1 or use of body-worn
 camera data4  #d4 ,consultations2      
public comment ,in developing the pilot 
program required by section #b7;a7 and  
the draft policies required by section  

#c1 the ,secretary of ,homeland         
,security shall--  7#a7 consult with--  
7,a7 the ,officer for ,civil ,rights and
 ,civil ,liberties of the ,department of
 ,homeland ,security2  7,b7 the ,chief  
,privacy ,officer of the ,department of 
,homeland ,security2  7,c7 the ,director
 of the ,office of ,privacy and ,civil  
,liberties of the ,department of        
,justice2 and  7,d7 any labor           
organizations representing employees of 
the ,department of ,homeland ,security  
involved with the use of body-worn      
cameras2  7#b7 provide an opportunity   
for public comment2 and  7#c7 produce a 
report1 which shall be posted on a      
publicly available ,internet website of 
the ,department of ,homeland ,security1 
that--  7,a7 summarizes the comments    
received under paragraph 7#b72 and  7,b7
 describes the final policies developed 
under section #c and the rationale for  
each such policy4  #e4 ,implementation  
plan  7a7 ,in general ,the ,secretary of
 ,homeland ,security shall submit to    

,congress-- 7#a7 a plan to implement1 on
 a permanent basis1 the use of body-worn
 cameras by officers and agents of      
,u4,s4 ,customs and ,border ,protection2
 and  7#b7 a plan to implement1 on a    
permanent basis1 the use of such cameras
 by officers and agents of ,u4,s4       
,immigration and ,customs ,enforcement4 
7b7 ,elements ,each plan required by    
subsection 7a7 shall include the        
following3 7#a7 ,a detailed description 
of the draft policies developed under   
section #c4  7#b7 ,an identification of 
the following3 7,a7 ,the number of      
body-worn cameras to be purchased and   
deployed4  7,b7 ,operational            
requirements for body-worn cameras1     
including systems and support staff4    
7,c7 ,the locations where body-worn     
cameras will be used4  7,d7 ,costs      
associated with the use of body-worn    
cameras4  7,e7 ,a description of the    
cost-benefit analysis used to determine 
the number1 placement1 and location of  
body-worn cameras specified in the plan4

  7c7 ,submission  7#a7 ,u4,s4 ,customs 
and ,border ,protection ,the ,secretary 
shall submit the plan required by       
subsection 7a77#a7 with respect to      
,u4,s4 ,customs and ,border ,protection 
not later than one year after the date  
of the enactment of this ,act4  7#b7    
,u4,s4 ,immigration and ,customs        
,enforcement ,the ,secretary shall      
submit the plan required by subsection  
7a77#b7 with respect to ,u4,s4          
,immigration and ,customs ,enforcement  
not later than #ba months after the date
 of the enactment of this ,act4  #f4    
,deployment of body-worn cameras  7a7   
,in general ,not later than #ahj days   
after the date on which an              
implementation plan is submitted under  
section #e1 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 7b7 whose job  
duties involve or may reasonably be     
expected to involve law enforcement     

contacts with the public4  7b7 ,officers
 and agents described ,officers and     
agents described in this subsection are 
officers and agents of-- 7#a7 the       
,office of ,field ,operations1 the      
,u4,s4 ,border ,patrol1 or ,air and     
,marine ,operations of ,u4,s4 ,customs  
and ,border ,protection2 or  7#b7       
,enforcement and ,removal ,operations or
 ,homeland ,security ,investigations of 
,u4,s4 ,immigration and ,customs        
,enforcement4