I 

115TH CONGRESS 

1ST SESSION H. R. 1608 

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 

MARCH 17, 2017 

Mr. ESPAILLAT (for himself, Mr. GRIJALVA, Mr. CORREA, Mrs. TORRES, Mr. 

SABLAN, Mr. GUTIE ́RREZ, Mr. SOTO, Mr. CA ́RDENAS, Mr. COSTA, Mr. 

SERRANO, Mr. GALLEGO, Mrs. NAPOLITANO, Mr. VARGAS, Ms. 

MICHELLE LUJAN GRISHAM of New Mexico, Mr. MCGOVERN, Ms. JUDY

CHU of California, Mr. DANNY K. DAVIS of Illinois, Ms. BONAMICI, Ms. 

VELA ́ZQUEZ, Mr. CARBAJAL, Ms. NORTON, Mr. BLUMENAUER, Ms. 

MOORE, Mr. BEYER, Ms. JACKSON LEE, Mr. O’ROURKE, and Mr. JOHNSON of Georgia) 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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Camera Accountability Act’’. 

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

5 OF U.S. IMMIGRATION AND CUSTOMS EN6 FORCEMENT AND U.S. CUSTOMS AND BOR7 DER PROTECTION. 

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

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

10 Immigration and Customs Enforcement (ICE) and the 

11 Commissioner of U.S. Customs and Border Protection 

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

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

14 agents and officers are engaged in official operations. 

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

16 the Director of ICE and the Commissioner of CBP shall 

17 establish— 

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

19 the use of body cameras by agents and officers of 

20 ICE and CBP, including training relating to the use 

21 of such cameras; and 

22 (2) policies and procedures for carrying out ad23 verse actions under subsection (f). 

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

25 officers of ICE and CBP shall be turned on at the beginVerDate Sep 11 2014 03:52 Mar 22, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1608.IH H1608

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1 ning of the shift of such agents and officers and shall re2 main on for the duration of such shifts. 

3 (d) AVAILABILITY OF BODY CAMERA FOOTAGE.— 

4 Footage collected by such a body camera shall be made 

5 available to each party to any administrative proceeding, 

6 civil action, or criminal prosecution to which such footage 

7 pertains in accordance with such requirements as the Sec8 retary of Homeland Security shall by rule require under 

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

10 a party may notify the Director of ICE or the Commis11 sioner of CBP, as the case may be, in writing for purposes 

12 of instigating an adverse action described in subsection 

13 (f). 

14 (e) RULEMAKING.—Not later than 60 days after the 

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

16 Security shall commence a rulemaking regarding the use 

17 of body cameras and the provision of footage in accord18 ance with subsection (d) that is consistent with the ‘‘Civil 

19 Rights Principles for Body Worn Cameras’’ of the Leader20 ship Conference on Civil and Human Rights, May 2015. 

21 The proposed rule shall include a comparison with the 

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

23 Act for Regulating the Use of Wearable Body Cameras 

24 by Law Enforcement’’ and ‘‘An Act Relative to Body25 Worn Cameras for Law Enforcement Officers,’’ 2016 


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

2 ANN. § 105-D (2016)). 

3 (f) ADVERSE ACTIONS FOR ABSENCE OF BODY CAM4 ERA FOOTAGE.—An agent or officer of ICE or CBP whose 

5 body camera does not record footage because of a violation 

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

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

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

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

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

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

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

13 determine that the camera suffered a malfunction unless 

14 the agent or officer submits evidence sufficient to establish 

15 that a malfunction occurred. 

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

17 funding is authorized to be appropriated to carry out this 

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

19 made available for such purposes. 

Æ 


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