,,ii #aaith ,,congress #b;d ,session ,s4 #deif ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bj1 #bjbf,mr4 ,bennet introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to strengthen hiring and screening standards for immigration enforcement officers and to strengthen uniform1 identification1 and professional conduct standards for such officers4 #a4 ,short titles ,this ,act may be cited as the ,training1 ,responsibility1 ,uniforms1 and ,standards for ,transparency ,act or the ,,trust ,act4 #b4 ,strengthened hiring and screening standards for immigration enforcement officers 7a7 ,minimum eligibility requirements ,the ,secretary of ,homeland ,security shall enhance the performance1 professionalism1 and integrity of immigration enforcement officers and agents by establishing strengthened hiring and screening standards for all newly hired officers and agents4 7b7 ,standards ,the standards required under subsection 7a7 shall require each applicant-- 7#a7 to be at least #bj years of age at the time of application and at least #ba years of age at the start of the next scheduled basic training academy2 7#b7 to possess a high school diploma or equivalent credential at the time of application2 7#c7 to possess authorization to live and work in the ,united ,states1 as demonstrated by documentation sufficient to satisfy employment eligibility verification requirements under ,federal law2 and 7#d7 to undergo comprehensive background investigations that include-- 7,a7 criminal history checks2 7,b7 reviews of prior law enforcement or military service1 including disciplinary records and sustained complaints2 7,c7 screening for any history of domestic violence1 sexual assault1 or other violent conduct2 7,d7 drug use screening consistent with ,federal law2 7,e7 reviews for affiliations with terrorist organizations1 violent extremist groups1 or hate-based organizations2 7,f7 reviews of publicly available social media and online activity for evidence of bias1 extremism1 discriminatory conduct1 or advocacy of violence2 and 7,g7 psychological suitability assessments to ensure fitness for duty1 sound judgment1 and the ability to safely interact with the public4 #c4 ,department of ,homeland ,security uniform and identification regulations 7a7 ,findings ,congress finds that ,department of ,homeland ,security law enforcement personnel1 including ,u4,s4 ,immigration and ,customs ,enforcement officers and agents 7including ,enforcement and ,removal ,operations and ,homeland ,security ,investigations7 and ,u4,s4 ,customs and ,border ,protection officers1 agents1 and specialists1 wear a uniform that identifies such personnel-- 7#a7 as ,federal immigration law enforcement authorities2 and 7#b7 as authorized personnel of a specific directorate within the ,department of ,homeland ,security and not as ,police4 7b7 ,uniform requirements 7#a7 ,in general ,all uniformed ,department of ,homeland ,security law enforcement personnel1 including sworn ,u4,s4 ,immigration and ,customs ,enforcement officers and agents and ,u4,s4 ,customs and ,border ,protection officers1 agents1 and specialists-- 7,a7 shall possess and maintain at all times a serviceable uniform and the necessary equipment to perform uniformed field duty2 7,b7 shall maintain their uniforms and equipment in a serviceable condition in order to be ready at any time for immediate use2 7,c7 shall keep their uniforms neat1 clean1 and having the appearance of being professionally pressed2 7,d7 may only wear the uniform specified for their rank1 assignment1 and component within the ,department of ,homeland ,security2 7,e7 may not loan any portion of the uniform to others2 and 7,f7 may not permit the uniform1 badge1 insignia1 or markings to be reproduced or duplicated4 7#b7 ,inspections ,all supervisors shall perform periodic inspections of ,department of ,homeland ,security law enforcement personnel to ensure conformance with ,department of ,homeland ,security uniform specifications and procedures4 7#c7 ,civilian attire ,civilian attire may not be worn in combination with any distinguishable part of the official ,department of ,homeland ,security uniform4 7#d7 ,time and place restrictions ,department of ,homeland ,security law enforcement personnel may only wear a uniform while on duty1 while in transit to or from duty1 for court appearances1 or at other official ,department of ,homeland ,security functions or events4 7#e7 ,limitation on purchase or consumption of alcoholic beverages ,department of ,homeland ,security law enforcement personnel may not purchase or consume alcoholic beverages while wearing any part of their uniform4 #d4 ,department-issued identification 7a7 ,in general ,the ,department of ,homeland ,security shall issue to each ,u4,s4 ,immigration and ,customs ,enforcement officer or agent and each ,u4,s4 ,customs and ,border ,patrol officer1 agent1 or specialist an official identification card bearing the employee's name1 identifying information1 photograph1 and a unique serial number4 ,all such personnel shall be in possession of such identification card while on duty or when carrying a concealed firearm under ,federal authority4 7b7 ,display ,except as provided in subsection 7c77#b71 ,department of ,homeland ,security officers and agents shall clearly display their ,department-issued identification and badge in a courteous manner to any person upon request and as soon as practical while on duty or acting in an official capacity4 7c7 ,visibility requirement 7#a7 ,in general ,except as provided in paragraph 7#b7 and section #e7;b71 every ,department of ,homeland ,security immigration enforcement officer or agent conducting an immigration enforcement function shall visibly display-- 7,a7 the individual's last name and a unique identifier2 7,b7 the name of the employing agency2 and 7,c7 the face of such officer or agent4 7#b7 ,exceptions 7,a7 ,in general ,the requirement under paragraph 7#a7 shall not apply to any individual who is engaged in an undercover assignment involving the use of an assumed name or a cover identity4 7,b7 ,face covering ,the requirement under paragraph 7#a77;,c7 shall not apply if the officer or agent-- 7i7 is engaged in a specialized tactical assignment2 7ii7 is working in a hazardous or high-risk environment2 7iii7 is wearing a face covering as a protection from weather-related conditions2 or 7iv7 has received prior approval to wear a face covering due to a medical condition4 7d7 ,specialized and undercover exceptions 7#a7 ,defined term ,in this section and in section #f1 the term undercover assignment only means an authorized investigative operation in which-- 7,a7 an agent is assuming a covert identity or persona to infiltrate a specific criminal enterprise2 7,b7 the mission is conducted for the primary purpose of gathering evidence regarding felony violations of ,federal law1 such as human trafficking or narcotics smuggling2 and 7,c7 the revelation of the agent's identity would pose an immediate and demonstrable threat to the safety of the agent or the integrity of the investigation4 7#b7 ,arrest team requirements ,notwithstanding any undercover assignment1 all agents involved in the physical arrest1 transport1 or processing of a detained individual must be clearly identifiable in accordance with the standards described in subsections 7a7 and 7b74 #e4 ,badge and distinctive identification 7a7 ,issuance ,the ,secretary of ,homeland ,security shall issue to each ,u4,s4 ,immigration and ,customs ,enforcement officer or agent1 each ,u4,s4 ,customs and ,border ,protection officer1 agent1 or specialist1 and each other ,department of ,homeland ,security sworn enforcement officer a badge of authority bearing the seal of the ,department of ,homeland ,security and the title of the directorate for which they are employed encircling such seal1 along with the designation of the position held by the officer4 ,each such badge shall be serially numbered and each officer shall display a distinctive identifying number4 7b7 ,display ,all ,department of ,homeland ,security officers and agents and other uniformed ,department of ,homeland ,security immigration enforcement personnel1 while on duty1 shall be dressed in full distinctive uniform and shall display the official badge and visible identification of their office1 except when authorized by the ,secretary or designee to operate in plain clothes4 7c7 ,restriction ,neither the ,secretary of ,homeland ,security nor any other person may issue a badge1 uniform1 insignia1 or identification to any individual who is not a duly authorized1 classified1 and regularly appointed officer or employee of the ,department of ,homeland ,security4 7d7 ,criminal penalties for misrepresentation ,any person who1 without authority1 wears or duplicates a ,department of ,homeland ,security badge1 uniform1 or equipment with intent to represent himself or herself as a ,federal immigration officer shall be subject to ,federal criminal penalties4 #f4 ,body-worn cameras 7a7 ,provision of body-,worn cameras ,the ,secretary of ,homeland ,security shall ensure that each immigration enforcement officer or agent who interacts with members of the public is equipped with a body-worn camera4 ,all such cameras shall be worn in a location and manner that maximizes the camera's ability to capture video footage of the officer's activities4 7b7 ,required activation ,except as provided under subsections 7c7 and 7d71 an immigration enforcement officer or agent shall wear and activate a body-worn camera1 and a dash camera if the officer's vehicle is equipped with such a camera1 while-- 7#a7 responding to a call for an enforcement action2 7#b7 entering any premises for the purpose of enforcing the law or investigating possible violations of law2 or 7#c7 engaging in any interaction with a member of the public initiated by an officer or agent1 whether consensual or nonconsensual1 for the purpose of enforcing the law or investigating possible violations of law4 7c7 ,exceptions2 privacy notifications 7#a7 ,en route ,a body-worn camera need not be activated while an officer or agent is traveling to a call for an enforcement action1 but shall be activated shortly before the officer or agent arrives at the scene4 7#b7 ,undercover ,an officer or agent working in an undercover assignment is not required to wear a body-worn camera4 7#c7 ,notification ,an officer or agent wearing a body-worn camera shall notify all subjects of the recording that they are being recorded as close to the commencement of the encounter as is reasonably possible4 7d7 ,permissible deactivation2 civilian request 7#a7 ,deactivation ,an immigration enforcement officer or agent may deactivate a body-worn camera-- 7,a7 while working on an unrelated assignment or during a prolonged break in an incident2 or 7,b7 during administrative1 tactical1 or management discussions when members of the public are not present4 7#b7 ,civilian request ,before entering a private residence without a warrant1 or when interacting with an apparent crime victim or anonymous source1 an officer shall ask if the individual wants the camera to be deactivated4 ,if the individual responds affirmatively1 the officer shall deactivate the camera4 ,the offer to deactivate and the response from the victim or source shall be recorded by the camera before such deactivation4 7e7 ,failure ,to activate or tampering 7#a7 ,in general ,if an officer or agent fails to activate a body-worn camera in accordance with the requirements under this section or tampers with camera footage when activation is required-- 7,a7 there shall be a permissive inference1 in any investigation or legal proceeding 7excluding criminal proceedings against the officer or agent71 that the missing footage would have reflected misconduct2 7,b7 any statements or conduct that was not recorded by other means shall be subject to a rebuttable presumption of inadmissibility2 and 7,c7 a rebuttable evidentiary presumption shall be adopted in favor of criminal defendants or civil plaintiffs who reasonably assert that exculpatory evidence was destroyed or not captured4 7#b7 ,proof compliance was impossible ,the disciplinary action requirement and rebuttable presumptions described in subparagraphs 7,b7 and 7,c7 of paragraph 7#a7 may be overcome by contrary evidence or proof of exigent circumstances that made compliance impossible4 7f7 ,discipline2 certification consequences ,in addition to any criminal liability-- 7#a7 if an adjudicative body or final agency determination finds that an officer or agent intentionally failed to activate or tampered with a camera 7except as permitted under this section71 the employing agency shall impose discipline upon the officer or agent1 up to and including termination1 consistent with applicable law2 7#b7 unless otherwise permitted under this section1 if the conduct of the officer or agent was undertaken with the intent to conceal unlawful or inappropriate actions or obstruct justice1 the officer's or agent's certification or authority to perform enforcement duties shall be suspended for not less than #a year1 subject to reinstatement only upon exoneration2 and 7#c7 if such conduct occurred in an incident resulting in the death or serious bodily injury of a civilian1 the officer's or agent's certification or authority to perform enforcement duties shall be permanently revoked1 subject to reinstatement only upon exoneration4 7g7 ,integrity of reports ,no officer or agent may review or receive an accounting of any body-worn camera footage related to a use of force or misconduct complaint before completing all required initial reports1 statements1 and interviews regarding the recorded event4 7h7 ,retention of recordings ,the ,secretary of ,homeland ,security shall establish a retention schedule for body-worn camera recordings that requires-- 7#a7 standard footage to be retained for a period of not less than #f months2 and 7#b7 footage involving the use of force or a complaint to be retained for a period of not less than #c years4 7i7 ,public release2 privacy protections 7#a7 ,misconduct ,not later than #ba days after receiving a complaint alleging misconduct by an immigration enforcement officer or agent1 the ,department of ,homeland ,security shall release all unedited audio and video recordings of the incident to the public1 subject to privacy protections and delayed release provisions under subsection 7j74 7#b7 ,death or serious injury ,not later than #e days after an immigration enforcement incident resulting in death or serious injury1 the ,department of ,homeland ,security shall release all unedited audio and video recordings of the incident to the public1 subject to privacy protections and delayed release provisions under subsection 7j74 7#c7 ,prohibition on secondary use during retention period ,during any retention period established under this subsection1 body-worn camera footage shall be stored in an isolated system that is not accessible to1 and may not be queried by1 any immigration enforcement targeting system1 fusion center1 or interagency intelligence platform4 ,access to retained footage shall be limited to personnel directly involved in accountability review or legal proceedings arising from the recorded interaction4 7j7 ,privacy protections and delayed release 7#a7 ,death ,recordings depicting death shall be made available to a victim's immediate family or lawful representative before being publicly released4 7#b7 ,privacy interests 7,a7 ,in general ,recordings implicating substantial privacy interests may be blurred to protect such interests without removing any portion of the recording4 7,b7 ,limited release ,if blurring a recording is insufficient-- 7i7 the recording shall be released to affected individuals or their lawful representatives2 and 7ii7 the ,department of ,homeland ,security shall notify affected persons of their right to waive the restrictions under this subsection4 7#c7 ,investigations ,a recording of alleged misconduct may be temporarily withheld if the release of such recording would substantially interfere with an ongoing investigation4 ,such recording shall be publicly released not later than #de days after the allegation of misconduct1 accompanied by a written justification for the delay4 #g4 ,specialized training requirements ,the ,secretary of ,homeland ,security shall require all immigration enforcement officers and agents to complete specialized training1 in addition to basic training required by the ,department1 before conducting enforcement operations1 including training on-- 7#a7 identity verification procedures and documentation review designed to prevent the wrongful detention of ,united ,states citizens1 lawful permanent residents1 ,native ,americans1 and other individuals who are lawfully present in the ,united ,states2 7#b7 deescalation techniques and safe civilian engagement practices to ensure immigration enforcement operations are conducted in a manner that protects public safety and reduces the risk of unnecessary force2 7#c7 language access and interpretation procedures to ensure effective communication during enforcement encounters with individuals who have limited ,english proficiency2 7#d7 recognizing medical distress1 disabilities1 and mental health conditions1 and responding appropriately during enforcement encounters to individuals experiencing medical emergencies or requiring disability-related accommodations2 7#e7 constitutional protections and civil rights laws governing immigration enforcement activities1 including protections against unlawful searches1 seizures1 and discriminatory enforcement2 and 7#f7 preventing discriminatory enforcement practices1 including profiling based on race1 ethnicity1 national origin1 religion1 or language proficiency4