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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1163 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 1163

 To require Federal law enforcement officers to wear body cameras, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 18, 2021

 Ms. Norton (for herself and Mr. Beyer) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To require Federal law enforcement officers to wear body cameras, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Police Camera and 
Accountability Act''.

SEC. 2. REQUIREMENTS FOR FEDERAL LAW ENFORCEMENT OFFICERS REGARDING THE 
              USE OF BODY CAMERAS.

    (a) Definitions.--In this section:
            (1) Minor.--The term ``minor'' means any individual under 
        18 years of age.
            (2) Subject of the video footage.--The term ``subject of 
        the video footage''--
                    (A) means any identifiable Federal law enforcement 
                officer or any identifiable suspect, victim, detainee, 
                conversant, injured party, or other similarly situated 
                person who appears on the body camera recording; and
                    (B) does not include people who only incidentally 
                appear on the recording.
            (3) Video footage.--The term ``video footage'' means any 
        images or audio recorded by a body camera.
            (4) Facial recognition or other biometric surveillance.--
        The term ``facial recognition or other biometric surveillance'' 
        means an automated or semiautomated process that captures or 
        analyzes biometric data of an individual to identify or assist 
        in identifying an individual or an automated or semiautomated 
        process that generates, or assists in generating, surveillance 
        information about an individual based on biometric data.
    (b) Requirement To Wear Body Camera.--
            (1) In general.--Federal law enforcement officers shall 
        wear a body camera.
            (2) Requirement for body camera.--A body camera required 
        under paragraph (1) shall--
                    (A) have a field of view at least as broad as the 
                officer's vision; and
                    (B) be worn in a manner that maximizes the camera's 
                ability to capture video footage of the officer's 
                activities.
    (c) Requirement To Activate.--
            (1) In general.--Both the video and audio recording 
        functions of the body camera shall be activated whenever a 
        Federal law enforcement officer is responding to a call for 
        service or at the initiation of any other law enforcement or 
        investigative stop (as such term is defined in section 3) 
        between a Federal law enforcement officer and a member of the 
        public, except that when an immediate threat to the officer's 
        life or safety makes activating the camera impossible or 
        dangerous, the officer shall activate the camera at the first 
        reasonable opportunity to do so.
            (2) Allowable deactivation.--The body camera shall not be 
        deactivated until the stop has fully concluded and the Federal 
        law enforcement officer leaves the scene.
    (d) Notification of Subject of Recording.--A Federal law 
enforcement officer who is wearing a body camera shall notify any 
subject of the recording that he or she is being recorded by a body 
camera as close to the inception of the stop as is reasonably possible.
    (e) Requirements.--Notwithstanding subsection (c), the following 
shall apply to the use of a body camera:
            (1) Prior to entering a private residence without a warrant 
        or in non-exigent circumstances, a Federal law enforcement 
        officer shall ask the occupant if the occupant wants the 
        officer to discontinue use of the officer's body camera. If the 
        occupant responds affirmatively, the Federal law enforcement 
        officer shall immediately discontinue use of the body camera.
            (2) When interacting with an apparent crime victim, a 
        Federal law enforcement officer shall, as soon as practicable, 
        ask the apparent crime victim if the apparent crime victim 
        wants the officer to discontinue use of the officer's body 
        camera. If the apparent crime victim responds affirmatively, 
        the Federal law enforcement officer shall immediately 
        discontinue use of the body camera.
            (3) When interacting with a person seeking to anonymously 
        report a crime or assist in an ongoing law enforcement 
        investigation, a Federal law enforcement officer shall, as soon 
        as practicable, ask the person seeking to remain anonymous, if 
        the person seeking to remain anonymous wants the officer to 
        discontinue use of the officer's body camera. If the person 
        seeking to remain anonymous responds affirmatively, the Federal 
        law enforcement officer shall immediately discontinue use of 
        the body camera.
    (f) Recording of Offers To Discontinue Use of Body Camera.--Each 
offer of a Federal law enforcement officer to discontinue the use of a 
body camera made pursuant to subsection (e), and the responses thereto, 
shall be recorded by the body camera prior to discontinuing use of the 
body camera.
    (g) Limitations on Use of Body Camera.--Body cameras shall not be 
used to gather intelligence information based on First Amendment 
protected speech, associations, or religion, or to record activity that 
is unrelated to a response to a call for service or a law enforcement 
or investigative stop between a law enforcement officer and a member of 
the public, and shall not be equipped with or employ any facial 
recognition or other biometric surveillance technologies.
    (h) Exceptions.--Federal law enforcement officers--
            (1) shall not be required to use body cameras during 
        investigative or enforcement stops with the public in the case 
        that--
                    (A) recording would risk the safety of a 
                confidential informant, citizen informant, or 
                undercover officer;
                    (B) recording would pose a serious risk to national 
                security; or
                    (C) the officer is a military police officer, a 
                member of the United States Army Criminal Investigation 
                Command, or a protective detail assigned to a Federal 
                or foreign official while performing his or her duties; 
                and
            (2) shall not activate a body camera while on the grounds 
        of any public, private, or parochial elementary or secondary 
        school, except when responding to an imminent threat to life or 
        health.
    (i) Retention of Footage.--
            (1) In general.--Body camera video footage shall be 
        retained by the law enforcement agency that employs the officer 
        whose camera captured the footage, or an authorized agent 
        thereof, for 6 months after the date it was recorded, after 
        which time such footage shall be permanently deleted.
            (2) Right to inspect.--During the 6-month retention period 
        described in paragraph (1), the following persons shall have 
        the right to inspect the body camera footage:
                    (A) Any person who is a subject of body camera 
                video footage, and their designated legal counsel.
                    (B) A parent or legal guardian of a minor subject 
                of body camera video footage, and their designated 
                legal counsel.
                    (C) The spouse, next of kin, or legally authorized 
                designee of a deceased subject of body camera video 
                footage, and their designated legal counsel.
                    (D) A Federal law enforcement officer whose body 
                camera recorded the video footage, and their designated 
                legal counsel, subject to the limitations and 
                restrictions in this part.
                    (E) The superior officer of a Federal law 
                enforcement officer whose body camera recorded the 
                video footage, subject to the limitations and 
                restrictions in this part.
                    (F) Any defense counsel who claims, pursuant to a 
                written affidavit, to have a reasonable basis for 
                believing a video may contain evidence that exculpates 
                a client.
            (3) Limitation.--The right to inspect subject to subsection 
        (j)(1) shall not include the right to possess a copy of the 
        body camera video footage, unless the release of the body 
        camera footage is otherwise authorized by this part or by 
        another applicable law. When a body camera fails to capture 
        some or all of the audio or video of an incident due to 
        malfunction, displacement of camera, or any other cause, any 
        audio or video footage that is captured shall be treated the 
        same as any other body camera audio or video footage under this 
        Act.
    (j) Additional Retention Requirements.--Notwithstanding the 
retention and deletion requirements in subsection (i), the following 
shall apply to body camera video footage under this Act:
            (1) Body camera video footage shall be automatically 
        retained for not less than 3 years if the video footage 
        captures an interaction or event involving--
                    (A) any use of force; or
                    (B) a stop about which a complaint has been 
                registered by a subject of the video footage.
            (2) Body camera video footage shall be retained for not 
        less than 3 years if a longer retention period is voluntarily 
        requested by--
                    (A) the Federal law enforcement officer whose body 
                camera recorded the video footage, if that officer 
                reasonably asserts the video footage has evidentiary or 
                exculpatory value in an ongoing investigation;
                    (B) any Federal law enforcement officer who is a 
                subject of the video footage, if that officer 
                reasonably asserts the video footage has evidentiary or 
                exculpatory value;
                    (C) any superior officer of a Federal law 
                enforcement officer whose body camera recorded the 
                video footage or who is a subject of the video footage, 
                if that superior officer reasonably asserts the video 
                footage has evidentiary or exculpatory value;
                    (D) any Federal law enforcement officer, if the 
                video footage is being retained solely and exclusively 
                for police training purposes;
                    (E) any member of the public who is a subject of 
                the video footage;
                    (F) any parent or legal guardian of a minor who is 
                a subject of the video footage; or
                    (G) a deceased subject's spouse, next of kin, or 
                legally authorized designee.
    (k) Public Review.--For purposes of subparagraphs (E), (F), and (G) 
of subsection (j)(2), any member of the public who is a subject of 
video footage, the parent or legal guardian of a minor who is a subject 
of the video footage, or a deceased subject's next of kin or legally 
authorized designee, shall be permitted to review the specific video 
footage in question in order to make a determination as to whether they 
will voluntarily request it be subjected to a minimum 3-year retention 
period.
    (l) Disclosure.--
            (1) In general.--Except as provided in paragraph (2), all 
        video footage of an interaction or event captured by a body 
        camera, if that interaction or event is identified with 
        reasonable specificity and requested by a member of the public, 
        shall be provided to the person or entity making the request in 
        accordance with the procedures for requesting and providing 
        government records set forth in the section 552a of title 5, 
        United States Code.
            (2) Exceptions.--The following categories of video footage 
        shall not be released to the public in the absence of express 
        written permission from the non-law enforcement subjects of the 
        video footage:
                    (A) Video footage not subject to a minimum 3-year 
                retention period pursuant to subsection (j).
                    (B) Video footage that is subject to a minimum 3-
                year retention period solely and exclusively pursuant 
                to paragraph (1)(B) or (2) of subsection (j).
            (3) Priority of requests.--Notwithstanding any time periods 
        established for acknowledging and responding to records 
        requests in section 552a of title 5, United States Code, 
        responses to requests for video footage that is subject to a 
        minimum 3-year retention period pursuant to subsection 
        (j)(1)(A), where a subject of the video footage is recorded 
        being killed, shot by a firearm, or grievously injured, shall 
        be prioritized and, if approved, the requested video footage 
        shall be provided as expeditiously as possible, but in no 
        circumstances later than 5 days following receipt of the 
        request.
            (4) Use of redaction technology.--
                    (A) In general.--Whenever doing so is necessary to 
                protect personal privacy, the right to a fair trial, 
                the identity of a confidential source or crime victim, 
                or the life or physical safety of any person appearing 
                in video footage, redaction technology may be used to 
                obscure the face and other personally identifying 
                characteristics of that person, including the tone of 
                the person's voice, provided the redaction does not 
                interfere with a viewer's ability to fully, completely, 
                and accurately comprehend the events captured on the 
                video footage.
                    (B) Requirements.--The following requirements shall 
                apply to redactions under subparagraph (A):
                            (i) When redaction is performed on video 
                        footage pursuant to this paragraph, an 
                        unedited, original version of the video footage 
                        shall be retained pursuant to the requirements 
                        of subsections (i) and (j).
                            (ii) Except pursuant to the rules for the 
                        redaction of video footage set forth in this 
                        subsection or where it is otherwise expressly 
                        authorized by this Act, no other editing or 
                        alteration of video footage, including a 
                        reduction of the video footage's resolution, 
                        shall be permitted.
    (m) Prohibited Withholding of Footage.--Body camera video footage 
may not be withheld from the public on the basis that it is an 
investigatory record or was compiled for law enforcement purposes where 
any person under investigation or whose conduct is under review is a 
police officer or other law enforcement employee and the video footage 
relates to that person's conduct in their official capacity.
    (n) Admissibility.--Any video footage retained beyond 6 months 
solely and exclusively pursuant to subsection (j)(2)(D) shall not be 
admissible as evidence in any criminal or civil legal or administrative 
proceeding.
    (o) Confidentiality.--No government agency or official, or law 
enforcement agency, officer, or official may publicly disclose, 
release, or share body camera video footage unless--
            (1) doing so is expressly authorized pursuant to this Act 
        or another applicable law; or
            (2) the video footage is subject to public release pursuant 
        to subsection (l), and not exempted from public release 
        pursuant to subsection (l)(1).
    (p) Limitation on Federal Law Enforcement Officer Viewing of Body 
Camera Footage.--No Federal law enforcement officer shall review or 
receive an accounting of any body camera video footage that is subject 
to a minimum 3-year retention period pursuant to subsection (j)(1) 
prior to completing any required initial reports, statements, and 
interviews regarding the recorded event, unless doing so is necessary, 
while in the field, to address an immediate threat to life or safety.
    (q) Additional Limitations.--Video footage may not be--
            (1) in the case of footage that is not subject to a minimum 
        3-year retention period, viewed by any superior officer of a 
        Federal law enforcement officer whose body camera recorded the 
        footage absent a specific allegation of misconduct; or
            (2) divulged or used by any law enforcement agency for any 
        commercial or other non-law enforcement purpose.
    (r) Third-Party Maintenance of Footage.--Where a law enforcement 
agency authorizes a third party to act as its agent in maintaining body 
camera footage, the agent shall not be permitted to independently 
access, view, or alter any video footage, except to delete videos as 
required by law or agency retention policies.
    (s) Enforcement.--
            (1) In general.--If any Federal law enforcement officer, or 
        any employee or agent of a Federal law enforcement agency fails 
        to adhere to the recording or retention requirements contained 
        in this Act, intentionally interferes with a body camera's 
        ability to accurately capture video footage, or otherwise 
        manipulates the video footage captured by a body camera during 
        or after its operation--
                    (A) appropriate disciplinary action shall be taken 
                against the individual officer, employee, or agent;
                    (B) a rebuttable evidentiary presumption shall be 
                adopted in favor of a criminal defendant who reasonably 
                asserts that exculpatory evidence was destroyed or not 
                captured; and
                    (C) a rebuttable evidentiary presumption shall be 
                adopted on behalf of a civil plaintiff suing the 
                Government, a Federal law enforcement agency, or a 
                Federal law enforcement officer for damages based on 
                misconduct who reasonably asserts that evidence 
                supporting their claim was destroyed or not captured.
            (2) Proof compliance was impossible.--The disciplinary 
        action requirement and rebuttable presumptions described in 
        paragraph (1) may be overcome by contrary evidence or proof of 
        exigent circumstances that made compliance impossible.
    (t) Use of Force Investigations.--In the case that a Federal law 
enforcement officer equipped with a body camera is involved in, a 
witness to, or within viewable sight range of either the use of force 
by another law enforcement officer that results in a death, the use of 
force by another law enforcement officer, during which the discharge of 
a firearm results in an injury, or the conduct of another law 
enforcement officer that becomes the subject of a criminal 
investigation--
            (1) the law enforcement agency that employs the law 
        enforcement officer, or the agency or department conducting the 
        related criminal investigation, as appropriate, shall promptly 
        take possession of the body camera, and shall maintain such 
        camera, and any data on such camera, in accordance with the 
        applicable rules governing the preservation of evidence;
            (2) a copy of the data on such body camera shall be made in 
        accordance with prevailing forensic standards for data 
        collection and reproduction; and
            (3) such copied data shall be made available to the public 
        in accordance with subsection (l).
    (u) Limitation on Use of Footage as Evidence.--Any body camera 
video footage recorded by a Federal law enforcement officer that 
violates this Act or any other applicable law may not be offered as 
evidence by any government entity, agency, department, prosecutorial 
office, or any other subdivision thereof in any criminal or civil 
action or proceeding against any member of the public.
    (v) Publication of Agency Policies.--Any Federal law enforcement 
agency policy or other guidance regarding body cameras, their use, or 
the video footage therefrom that is adopted by a Federal agency or 
department, shall be made publicly available on that agency's website.
    (w) Rule of Construction.--Nothing in this Act shall be construed 
to preempt any laws governing the maintenance, production, and 
destruction of evidence in criminal investigations and prosecutions.

SEC. 3. PATROL VEHICLES WITH IN-CAR VIDEO RECORDING CAMERAS.

    (a) Definitions.--In this section:
            (1) Audio recording.--The term ``audio recording'' means 
        the recorded conversation between a Federal law enforcement 
        officer and a second party.
            (2) Emergency lights.--The term ``emergency lights'' means 
        oscillating, rotating, or flashing lights on patrol vehicles.
            (3) Enforcement or investigative stop.--The term 
        ``enforcement or investigative stop'' means an action by a 
        Federal law enforcement officer in relation to enforcement and 
        investigation duties, including traffic stops, pedestrian 
        stops, abandoned vehicle contacts, motorist assists, commercial 
        motor vehicle stops, roadside safety checks, requests for 
        identification, or responses to requests for emergency 
        assistance.
            (4) In-car video camera.--The term ``in-car video camera'' 
        means a video camera located in a patrol vehicle.
            (5) In-car video camera recording equipment.--The term 
        ``in-car video camera recording equipment'' means a video 
        camera recording system located in a patrol vehicle consisting 
        of a camera assembly, recording mechanism, and an in-car video 
        recording medium.
            (6) Recording.--The term ``recording'' means the process of 
        capturing data or information stored on a recording medium as 
        required under this section.
            (7) Recording medium.--The term ``recording medium'' means 
        any recording medium for the retention and playback of recorded 
        audio and video including VHS, DVD, hard drive, solid state, 
        digital, or flash memory technology.
            (8) Wireless microphone.--The term ``wireless microphone'' 
        means a device worn by a Federal law enforcement officer or any 
        other equipment used to record conversations between the 
        officer and a second party and transmitted to the recording 
        equipment.
    (b) Requirements.--
            (1) In general.--Each Federal law enforcement agency shall 
        install in-car video camera recording equipment in all patrol 
        vehicles with a recording medium capable of recording for a 
        period of 10 hours or more and capable of making audio 
        recordings with the assistance of a wireless microphone.
            (2) Recording equipment requirements.--In-car video camera 
        recording equipment with a recording medium capable of 
        recording for a period of 10 hours or more shall record 
        activities--
                    (A) whenever a patrol vehicle is assigned to patrol 
                duty;
                    (B) outside a patrol vehicle whenever--
                            (i) a Federal law enforcement officer 
                        assigned that patrol vehicle is conducting an 
                        enforcement or investigative stop;
                            (ii) patrol vehicle emergency lights are 
                        activated or would otherwise be activated if 
                        not for the need to conceal the presence of law 
                        enforcement; or
                            (iii) an officer reasonably believes 
                        recording may assist with prosecution, enhance 
                        safety, or for any other lawful purpose; and
                    (C) inside the vehicle when transporting an 
                arrestee or when an officer reasonably believes 
                recording may assist with prosecution, enhance safety, 
                or for any other lawful purpose.
            (3) Requirements for recording.--
                    (A) In general.--A Federal law enforcement officer 
                shall begin recording for an enforcement or 
                investigative stop when the officer determines an 
                enforcement stop is necessary and shall continue until 
                the enforcement action has been completed and the 
                subject of the enforcement or investigative stop or the 
                officer has left the scene.
                    (B) Activation with lights.--A Federal law 
                enforcement officer shall begin recording when patrol 
                vehicle emergency lights are activated or when they 
                would otherwise be activated if not for the need to 
                conceal the presence of law enforcement, and shall 
                continue until the reason for the activation ceases to 
                exist, regardless of whether the emergency lights are 
                no longer activated.
                    (C) Permissible recording.--A Federal law 
                enforcement officer may begin recording if the officer 
                reasonably believes recording may assist with 
                prosecution, enhance safety, or for any other lawful 
                purpose; and shall continue until the reason for 
                recording ceases to exist.
            (4) Enforcement or investigative stops.--A Federal law 
        enforcement officer shall record any enforcement or 
        investigative stop. Audio recording shall terminate upon 
        release of the violator and prior to initiating a separate 
        criminal investigation.
    (c) Retention of Recordings.--Recordings made on in-car video 
camera recording medium shall be retained for a storage period of at 
least 90 days. Under no circumstances shall any recording made on in-
car video camera recording medium be altered or erased prior to the 
expiration of the designated storage period. Upon completion of the 
storage period, the recording medium may be erased and reissued for 
operational use unless otherwise ordered or if designated for 
evidentiary or training purposes.
    (d) Accessibility of Recordings.--Audio or video recordings made 
pursuant to this section shall be available under the applicable 
provisions of section 552a of title 5, United States Code. Only 
recorded portions of the audio recording or video recording medium 
applicable to the request will be available for inspection or copying.
    (e) Maintenance Required.--The agency shall ensure proper care and 
maintenance of in-car video camera recording equipment and recording 
medium. An officer operating a patrol vehicle must immediately document 
and notify the appropriate person of any technical difficulties, 
failures, or problems with the in-car video camera recording equipment 
or recording medium. Upon receiving notice, every reasonable effort 
shall be made to correct and repair any of the in-car video camera 
recording equipment or recording medium and determine if it is in the 
public interest to permit the use of the patrol vehicle.

SEC. 4. FACIAL RECOGNITION TECHNOLOGY.

    No camera or recording device authorized or required to be used 
under this Act may employ facial recognition or other biometric 
surveillance technology. ``Used'' for purposes of this prohibition 
includes the use of a facial recognition or other biometric 
surveillance system in real-time or on a recording, or making a request 
or entering into an agreement for another law enforcement agency or 
other third party to use a facial recognition or other biometric 
surveillance system on behalf of the requesting officer or agency.

SEC. 5. GAO STUDY.

    Not later than 18 months after the date of enactment of this Act, 
the Comptroller General of the United States shall conduct a study on 
Federal law enforcement officer training, vehicle pursuits, use of 
force, and interaction with citizens, and submit a report on such study 
to--
            (1) the Committees on the Judiciary of the House of 
        Representatives and of the Senate;
            (2) the Committee on Oversight and Reform of the House of 
        Representatives; and
            (3) the Committee on Homeland Security and Governmental 
        Affairs of the Senate.

SEC. 6. REGULATIONS.

    Not later than 6 months after the date of the enactment of this 
Act, the Attorney General shall issue such final regulations as are 
necessary to carry out this Act.

SEC. 7. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to impose any requirement on 
a Federal law enforcement officer outside of the course of carrying out 
that officer's duty.
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