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 consideration 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘ICE and CBP Body 

5 Camera Accountability Act’’. 


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1 SEC. 2. USE OF BODY CAMERAS BY AGENTS AND OFFICERS 

2 OF U.S. IMMIGRATION AND CUSTOMS EN3 FORCEMENT AND U.S. CUSTOMS AND BOR4 DER PROTECTION. 

5 (a) IN GENERAL.—Not later than the date that the 

6 rule under subsection (e) is finalized, the Director of U.S. 

7 Immigration and Customs Enforcement (ICE) and the 

8 Commissioner of U.S. Customs and Border Protection 

9 (CBP) shall ensure that agents and officers of ICE and 

10 CBP, as the case may be, wear body cameras when such 

11 agents and officers are engaged in official operations. 

12 (b) IMPLEMENTATION.—To carry out this section, 

13 the Director of ICE and the Commissioner of CBP shall 

14 establish— 

15 (1) policies, procedures, and best practices for 

16 the use of body cameras by agents and officers of 

17 ICE and CBP, including training relating to the use 

18 of such cameras; and 

19 (2) policies and procedures for carrying out ad20 verse actions under subsection (f). 

21 (c) ALWAYS-ON.—Body cameras worn by agents and 

22 officers of ICE and CBP shall be turned on at the begin23 ning of the shift of such agents and officers and shall re24 main on for the duration of such shifts. 

25 (d) AVAILABILITY OF BODY CAMERA FOOTAGE.— 

26 Footage collected by such a body camera shall be made 


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1 available to each party to any administrative proceeding, 

2 civil action, or criminal prosecution to which such footage 

3 pertains in accordance with such requirements as the Sec4 retary of Homeland Security shall by rule require under 

5 subsection (e). If such footage is not made available, such 

6 a party may notify the Director of ICE or the Commis7 sioner of CBP, as the case may be, in writing for purposes 

8 of instigating an adverse action described in subsection 

9 (f). 

10 (e) RULE MAKING.—Not later than 60 days after the 

11 date of enactment of this Act, the Secretary of Homeland 

12 Security shall commence a rule making regarding the use 

13 of body cameras and the provision of footage in accord14 ance with subsection (d) that is consistent with the ‘‘Civil 

15 Rights Principles for Body Worn Cameras’’ of the Leader16 ship Conference on Civil and Human Rights, May 2015. 

17 The proposed rule shall include a comparison with the 

18 American Civil Liberties Union’s January 2017 ‘‘Model 

19 Act for Regulating the Use of Wearable Body Cameras 

20 by Law Enforcement’’ and ‘‘An Act Relative to Body21 Worn Cameras for Law Enforcement Officers,’’ 2016 

22 N.H. Legis. Serv. 322 (codified at N.H. REV. STAT. 

23 ANN. § 105–D (2016)). 

24 (f) ADVERSE ACTIONS FOR ABSENCE OF BODY CAM25 ERA FOOTAGE.—An agent or officer of ICE or CBP whose 


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1 body camera does not record footage because of a violation 

2 of subsection (c) shall be subject to furlough, reduction 

3 in pay or grade, or a suspension of up to 30 days under 

4 subchapter II of chapter 75 of title 5, United States Code, 

5 as the Director of ICE or the Commissioner of CBP (as 

6 the case may be) determines appropriate. If a body camera 

7 does not record at a time when the camera is required 

8 to be active, the Secretary of Homeland Security may not 

9 determine that the camera suffered a malfunction unless 

10 the agent or officer submits evidence sufficient to establish 

11 that a malfunction occurred. 

12 (g) PROHIBITION ON NEW FUNDING.—No additional 

13 funding is authorized to be appropriated to carry out this 

14 Act. This Act shall be carried out using amounts otherwise 

15 made available for such purposes. 

Æ 


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