I 

116TH CONGRESS 

1ST SESSION H. R. 3364 

To require uniformed Federal police officers to wear body cameras and 

have dashboard cameras in marked vehicles. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 19, 2019 

Ms. NORTON (for herself and Mr. BEYER) introduced the following bill; which 

was referred to the Committee on the Judiciary 

A BILL 

To require uniformed Federal police officers to wear body 

cameras and have dashboard cameras in marked vehicles. 

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 ‘‘Federal Police Camera 

5 and Accountability Act of 2019’’. 


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1 SEC. 2. REQUIREMENTS FOR FEDERAL UNIFORMED OFFI2 CERS REGARDING THE USE OF BODY CAM3 ERAS. 

4 (a) Uniformed officers with the authority to conduct 

5 searches and make arrests shall wear a body camera. Such 

6 body cameras shall— 

7 (1) have a field of view at least as broad as the 

8 officer’s vision; and 

9 (2) be worn in a manner that maximizes the 

10 camera’s ability to capture video footage of the offi11 cer’s activities. 

12 (b) Both the video and audio recording functions of 

13 the body camera shall be activated whenever a uniformed 

14 officer is responding to a call for service or at the initiation 

15 of any other law enforcement or investigative encounter 

16 between a uniformed officer and a member of the public, 

17 except that when an immediate threat to the officer’s life 

18 or safety makes activating the camera impossible or dan19 gerous, the officer shall activate the camera at the first 

20 reasonable opportunity to do so. The body camera shall 

21 not be deactivated until the encounter has fully concluded 

22 and the uniformed officer leaves the scene. 

23 (c) A uniformed officer who is wearing a body camera 

24 shall notify any subject of the recording that he or she 

25 is being recorded by a body camera as close to the incep26 tion of the encounter as is reasonably possible. 


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1 (d) Notwithstanding the requirements of subsection 

2 (b), the following shall apply to the use of a body camera: 

3 (1) Prior to entering a private residence with4 out a warrant or in non-exigent circumstances, a 

5 uniformed officer shall ask the occupant if the occu6 pant wants the officer to discontinue use of the offi7 cer’s body camera. If the occupant responds affirma8 tively, the uniformed officer shall immediately dis9 continue use of the body camera. The officer shall 

10 record such communication using the officer’s body 

11 camera. 

12 (2) When interacting with an apparent crime 

13 victim, a uniformed officer shall, as soon as prac14 ticable, ask the apparent crime victim if the appar15 ent crime victim wants the officer to discontinue use 

16 of the officer’s body camera. If the apparent crime 

17 victim responds affirmatively, the uniformed officer 

18 shall immediately discontinue use of the body cam19 era. 

20 (3) When interacting with a person seeking to 

21 anonymously report a crime or assist in an ongoing 

22 law enforcement investigation, a uniformed officer 

23 shall, as soon as practicable, ask the person seeking 

24 to remain anonymous, if the person seeking to re25 main anonymous wants the officer to discontinue use 


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1 of the officer’s body camera. If the person seeking 

2 to remain anonymous responds affirmatively, the 

3 uniformed officer shall immediately discontinue use 

4 of the body camera. 

5 (e) All law enforcement offers to discontinue the use 

6 of a body camera made pursuant to subsection (d), and 

7 the responses thereto, shall be recorded by the body cam8 era prior to discontinuing use of the body camera. 

9 (f) Body cameras shall not be used to gather intel10 ligence information based on First Amendment protected 

11 speech, associations, or religion, or to record activity that 

12 is unrelated to a response to a call for service or a law 

13 enforcement or investigative encounter between a law en14 forcement officer and a member of the public, and shall 

15 not be equipped with or subjected to any real time facial 

16 recognition technologies. 

17 (g) Officers shall not be required to use body cameras 

18 during investigative or enforcement encounters with the 

19 public in the case that— 

20 (1) recording would risk the safety of a con21 fidential informant, citizen informant, or undercover 

22 officer; 

23 (2) recording would pose a serious risk to na24 tional security; or 


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1 (3) the officer is a military police officer, a 

2 member of the United States Army Criminal Inves3 tigation Command, or a protective detail assigned to 

4 a Federal or foreign official while performing his or 

5 her duties. 

6 (h) Uniformed officers shall not activate a body cam7 era while on the grounds of any public, private or paro8 chial elementary or secondary school, except when re9 sponding to an imminent threat to life or health. 

10 (i) Body camera video footage shall be retained by 

11 the law enforcement agency that employs the officer whose 

12 camera captured the footage, or an authorized agent 

13 thereof, for 6 months after the date it was recorded, after 

14 which time such footage shall be permanently deleted. 

15 (1) During the 6-month retention period, the 

16 following persons shall have the right to inspect the 

17 body camera footage: 

18 (A) Any person who is a subject of body 

19 camera video footage, and their designated legal 

20 counsel. 

21 (B) A parent of a minor subject of body 

22 camera video footage, and their designated legal 

23 counsel. 

24 (C) The spouse, next of kin, or legally au25 thorized designee of a deceased subject of body 


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1 camera video footage, and their designated legal 

2 counsel. 

3 (D) A uniformed officer whose body cam4 era recorded the video footage, and their des5 ignated legal counsel, subject to the limitations 

6 and restrictions in this Act. 

7 (E) The superior officer of a uniformed of8 ficer whose body camera recorded the video 

9 footage, subject to the limitations and restric10 tions in this Act. 

11 (F) Any defense counsel who claims, pur12 suant to a written affidavit, to have a reason13 able basis for believing a video may contain evi14 dence that exculpates a client. 

15 (2) The right to inspect subject to subsection 

16 (j)(1) shall not include the right to possess a copy 

17 of the body camera video footage, unless the release 

18 of the body camera footage is otherwise authorized 

19 by this Act or by another applicable law. 

20 (3) When a body camera fails to capture some 

21 or all of the audio or video of an incident due to 

22 malfunction, displacement of camera, or any other 

23 cause, any audio or video footage that is captured 

24 shall be treated the same as any other body camera 

25 audio or video footage under the law. 


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1 (j) Notwithstanding the retention and deletion re2 quirements in subsection (i): 

3 (1) Video footage shall be automatically re4 tained for no less than 3 years if the video footage 

5 captures an interaction or event involving— 

6 (A) any use of force; or 

7 (B) an encounter about which a complaint 

8 has been registered by a subject of the video 

9 footage. 

10 (2) Body camera video footage shall also be re11 tained for no less than 3 years if a longer retention 

12 period is voluntarily requested by— 

13 (A) the uniformed officer whose body cam14 era recorded the video footage, if that officer 

15 reasonably asserts the video footage has evi16 dentiary or exculpatory value in an ongoing in17 vestigation; 

18 (B) any uniformed officer who is a subject 

19 of the video footage, if that officer reasonably 

20 asserts the video footage has evidentiary or ex21 culpatory value; 

22 (C) any superior officer of a uniformed of23 ficer whose body camera recorded the video 

24 footage or who is a subject of the video footage, 

25 if that superior officer reasonably asserts the 


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1 video footage has evidentiary or exculpatory 

2 value; 

3 (D) any uniformed officer, if the video 

4 footage is being retained solely and exclusively 

5 for police training purposes; 

6 (E) any member of the public who is a 

7 subject of the video footage; 

8 (F) any parent or legal guardian of a 

9 minor who is a subject of the video footage; or 

10 (G) a deceased subject’s spouse, next of 

11 kin, or legally authorized designee. 

12 (k) To effectuate subsections (j)(2)(E), (j)(2)(F), and 

13 (j)(2)(G), any member of the public who is a subject of 

14 video footage, the parent or legal guardian of a minor who 

15 is a subject of the video footage, or a deceased subject’s 

16 next of kin or legally authorized designee, shall be per17 mitted to review the specific video footage in question in 

18 order to make a determination as to whether they will vol19 untarily request it be subjected to a 3-year retention pe20 riod. 

21 (l) All video footage of an interaction or event cap22 tured by a body camera, if that interaction or event is 

23 identified with reasonable specificity and requested by a 

24 member of the public, shall be provided to the person or 

25 entity making the request in accordance with the proceVerDate Sep 11 2014 00:07 Jun 25, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3364.IH H3364

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1 dures for requesting and providing government records set 

2 forth in the section 552a of title 5, United States Code. 

3 (1) Notwithstanding the public release require4 ments in this subsection, the following categories of 

5 video footage shall not be released to the public in 

6 the absence of express written permission from the 

7 non-law enforcement subjects of the video footage— 

8 (A) video footage not subject to a min9 imum 3-year retention period pursuant to sub10 section (j); and 

11 (B) video footage that is subject to a min12 imum 3-year retention period solely and exclu13 sively pursuant to subsection (j)(1)(B) or (j)(2). 

14 (2) Notwithstanding any time periods estab15 lished for acknowledging and responding to records 

16 requests in section 552a of title 5, United States 

17 Code, responses to requests for video footage that is 

18 subject to a minimum 3-year retention period pursu19 ant to subsection (j)(1)(A), where a subject of the 

20 video footage is recorded being killed, shot by a fire21 arm, or grievously injured, shall be prioritized and 

22 the requested video footage shall be provided as ex23 peditiously as possible, but in no circumstances later 

24 than 5 days following receipt of the request. 


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1 (3) Whenever doing so is necessary to protect 

2 personal privacy, the right to a fair trial, the iden3 tity of a confidential source or crime victim, or the 

4 life or physical safety of any person appearing in 

5 video footage, redaction technology may be used to 

6 obscure the face and other personally identifying 

7 characteristics of that person, including the tone of 

8 the person’s voice, provided the redaction does not 

9 interfere with a viewer’s ability to fully, completely, 

10 and accurately comprehend the events captured on 

11 the video footage. The following apply to such 

12 redactions: 

13 (A) When redaction is performed on video 

14 footage pursuant to this paragraph, an uned15 ited, original version of the video footage shall 

16 be retained pursuant to the requirements of 

17 subsections (i) and (j). 

18 (B) Except pursuant to the rules for the 

19 redaction of video footage set forth in this sub20 section or where it is otherwise expressly au21 thorized by this Act, no other editing or alter22 ation of video footage, including a reduction of 

23 the video footage’s resolution, shall be per24 mitted. 


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1 (4) The provisions governing the production of 

2 body camera video footage to the public in this Act 

3 shall take precedence over all other State and local 

4 laws, rules, and regulations to the contrary. 

5 (m) Body camera video footage may not be withheld 

6 from the public on the basis that it is an investigatory 

7 record or was compiled for law enforcement purposes 

8 where any person under investigation or whose conduct 

9 is under review is a police officer or other law enforcement 

10 employee and the video footage relates to that person’s 

11 on-the-job conduct. 

12 (n) Any video footage retained beyond 6 months sole13 ly and exclusively pursuant to subsection (j)(2)(D) shall 

14 not be admissible as evidence in any criminal or civil legal 

15 or administrative proceeding. 

16 (o) No government agency or official, or law enforce17 ment agency, officer, or official may publicly disclose, re18 lease, or share body camera video footage unless— 

19 (1) doing so is expressly authorized pursuant to 

20 this Act or another applicable law; or 

21 (2) the video footage is subject to public release 

22 pursuant to subsection (l), and not exempted from 

23 public release pursuant to subsection (l)(1). 

24 (p) No uniformed officer shall review or receive an 

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1 ject to a minimum 3-year retention period pursuant to 

2 subsection (j)(1) prior to completing any required initial 

3 reports, statements, and interviews regarding the recorded 

4 event, unless doing so is necessary, while in the field, to 

5 address an immediate threat to life or safety. 

6 (q) Video footage may not be— 

7 (1) in the case of footage that is not subject to 

8 a minimum 3-year retention period, viewed by any 

9 superior officer of a uniformed officer whose body 

10 camera recorded the footage absent a specific allega11 tion of misconduct; or 

12 (2) subjected to facial recognition or any other 

13 form of automated analysis or analytics of any kind, 

14 unless— 

15 (A) a judicial warrant providing authoriza16 tion is obtained; 

17 (B) the judicial warrant specifies the pre18 cise video recording to which the authorization 

19 applies; and 

20 (C) the authorizing court finds there is 

21 probable cause to believe that the requested use 

22 of facial recognition is relevant to an ongoing 

23 criminal investigation. 


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1 (r) Video footage shall not be divulged or used by any 

2 law enforcement agency for any commercial or other non3 law enforcement purpose. 

4 (s) Where a law enforcement agency authorizes a 

5 third party to act as its agent in maintaining body camera 

6 footage, the agent shall not be permitted to independently 

7 access, view, or alter any video footage, except to delete 

8 videos as required by law or agency retention policies. 

9 (t) If any uniformed officer, employee, or agent fails 

10 to adhere to the recording or retention requirements con11 tained in this Act, intentionally interfere with a body cam12 era’s ability to accurately capture video footage, or other13 wise manipulate the video footage captured by a body cam14 era during or after its operation— 

15 (1) appropriate disciplinary action shall be 

16 taken against the individual officer, employee, or 

17 agent; 

18 (2) a rebuttable evidentiary presumption shall 

19 be adopted in favor of criminal defendants who rea20 sonably assert that exculpatory evidence was de21 stroyed or not captured; and 

22 (3) a rebuttable evidentiary presumption shall 

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1 conduct who reasonably assert that evidence sup2 porting their claim was destroyed or not captured. 

3 (u) The disciplinary action requirement and rebut4 table presumptions in subsection (s) may be overcome by 

5 contrary evidence or proof of exigent circumstances that 

6 made compliance impossible. 

7 (v) In the case that a law enforcement officer 

8 equipped with a body camera is involved in, a witness to, 

9 or within viewable sight range of either the use of force 

10 by another law enforcement officer that results in a death, 

11 the use of force by another law enforcement officer, during 

12 which the discharge of a firearm results in an injury, or 

13 the conduct of another law enforcement officer that be14 comes the subject of a criminal investigation— 

15 (1) the law enforcement agency that employs 

16 the law enforcement officer, or the agency or depart17 ment conducting the related criminal investigation, 

18 as appropriate, shall promptly take possession of the 

19 body camera, and shall maintain such camera, and 

20 any data on such camera, in accordance with the ap21 plicable rules governing the preservation of evidence; 

22 (2) a copy of the data on such body camera 

23 shall be made in accordance with prevailing forensic 

24 standards for data collection and reproduction; and 


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1 (3) such copied data shall be made available to 

2 the public in accordance with subsection (m). 

3 (w) Any body camera video footage recorded in con4 travention of this Act or any other applicable law may not 

5 be offered as evidence by any government entity, agency, 

6 department, prosecutorial office, or any other subdivision 

7 thereof in any criminal or civil action or proceeding 

8 against any member of the public. 

9 (x) Any law enforcement policy or other guidance re10 garding body cameras, their use, or the video footage 

11 therefrom that is adopted by a Federal agency or depart12 ment, shall be made publicly available on that agency’s 

13 website. 

14 (y) Nothing in this Act shall be read to contravene 

15 any laws governing the maintenance, production, and de16 struction of evidence in criminal investigations and pros17 ecutions. 

18 (z) As used in this Act: 

19 (1) The term ‘‘uniformed officer’’ means any 

20 person authorized by law to conduct searches and ef21 fectuate arrests, either with or without a warrant, 

22 and who is employed by the Federal Government. 

23 (2) The term ‘‘minor’’ means any person under 

24 18 years of age. 


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1 (3) The term ‘‘subject of the video footage’’ 

2 means any identifiable uniformed officer or any 

3 identifiable suspect, victim, detainee, conversant, in4 jured party, or other similarly situated person who 

5 appears on the body camera recording, and shall not 

6 include people who only incidentally appear on the 

7 recording. 

8 (4) The term ‘‘use of force’’ means any action 

9 by a uniformed officer that— 

10 (A) results in death, injury, complaint of 

11 injury, or complaint of pain that persists be12 yond the use of a physical control hold; 

13 (B) involves the use of a weapon, including 

14 a personal body weapon, chemical agent, impact 

15 weapon, extended range impact weapon, sonic 

16 weapon, sensory weapon, conducted energy de17 vice, or firearm, against a member of the pub18 lic; or 

19 (C) involves any intentional pointing of a 

20 firearm at a member of the public. 

21 (5) The term ‘‘video footage’’ means any im22 ages or audio recorded by a body camera. 

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

24 CAMERAS. 

25 (a) As used in this section: 


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1 (1) The term ‘‘audio recording’’ means the re2 corded conversation between an officer and a second 

3 party. 

4 (2) The term ‘‘emergency lights’’ means oscil5 lating, rotating, or flashing lights on patrol vehicles. 

6 (3) The term ‘‘in-car video camera’’ means a 

7 video camera located in a patrol vehicle. 

8 (4) The term ‘‘in-car video camera recording 

9 equipment’’ means a video camera recording system 

10 located in a patrol vehicle consisting of a camera as11 sembly, recording mechanism, and an in-car video 

12 recording medium. 

13 (5) The term ‘‘enforcement stop’’ means an ac14 tion by an officer in relation to enforcement and in15 vestigation duties, including traffic stops, pedestrian 

16 stops, abandoned vehicle contacts, motorist assists, 

17 commercial motor vehicle stops, roadside safety 

18 checks, requests for identification, or responses to 

19 requests for emergency assistance. 

20 (6) The term ‘‘recording’’ means the process of 

21 capturing data or information stored on a recording 

22 medium as required under this section. 

23 (7) The term ‘‘recording medium’’ means any 

24 recording medium for the retention and playback of 

25 recorded audio and video including VHS, DVD, hard 


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1 drive, solid state, digital, or flash memory tech2 nology. 

3 (8) The term ‘‘wireless microphone’’ means a 

4 device worn by the officer or any other equipment 

5 used to record conversations between the officer and 

6 a second party and transmitted to the recording 

7 equipment. 

8 (b) Each Federal law enforcement agency shall install 

9 in-car video camera recording equipment in all patrol vehi10 cles with a recording medium capable of recording for a 

11 period of 10 hours or more and capable of making audio 

12 recordings with the assistance of a wireless microphone. 

13 (c) In-car video camera recording equipment with a 

14 recording medium capable of recording for a period of 10 

15 hours or more shall record activities outside a patrol vehi16 cle whenever (i) an officer assigned a patrol vehicle is con17 ducting an enforcement stop; (ii) patrol vehicle emergency 

18 lights are activated or would otherwise be activated if not 

19 for the need to conceal the presence of law enforcement; 

20 or (iii) an officer reasonably believes recording may assist 

21 with prosecution, enhance safety, or for any other lawful 

22 purpose. In-car video camera recording equipment with a 

23 recording medium incapable of recording for a period of 

24 10 hours or more shall record activities inside the vehicle 

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1 ably believes recording may assist with prosecution, en2 hance safety, or for any other lawful purpose. 

3 (1) Recording for an enforcement stop shall 

4 begin when the officer determines an enforcement 

5 stop is necessary and shall continue until the en6 forcement action has been completed and the subject 

7 of the enforcement stop or the officer has left the 

8 scene. 

9 (2) Recording shall begin when patrol vehicle 

10 emergency lights are activated or when they would 

11 otherwise be activated if not for the need to conceal 

12 the presence of law enforcement, and shall continue 

13 until the reason for the activation ceases to exist, re14 gardless of whether the emergency lights are no 

15 longer activated. 

16 (3) An officer may begin recording if the officer 

17 reasonably believes recording may assist with pros18 ecution, enhance safety, or for any other lawful pur19 pose; and shall continue until the reason for record20 ing ceases to exist. 

21 (d) In-car video camera recording equipment with a 

22 recording medium capable of recording for a period of 10 

23 hours or more shall record activities whenever a patrol ve24 hicle is assigned to patrol duty. 


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1 (e) Any enforcement stop shall be video and audio 

2 recorded. Audio recording shall terminate upon release of 

3 the violator and prior to initiating a separate criminal in4 vestigation. 

5 (f) Recordings made on in-car video camera recording 

6 medium shall be retained for a storage period of at least 

7 90 days. Under no circumstances shall any recording 

8 made on in-car video camera recording medium be altered 

9 or erased prior to the expiration of the designated storage 

10 period. Upon completion of the storage period, the record11 ing medium may be erased and reissued for operational 

12 use unless otherwise ordered or if designated for evi13 dentiary or training purposes. 

14 (g) Audio or video recordings made pursuant to this 

15 section shall be available under the applicable provisions 

16 of section 552a of title 5, United States Code. Only re17 corded portions of the audio recording or video recording 

18 medium applicable to the request will be available for in19 spection or copying. 

20 (h) The agency shall ensure proper care and mainte21 nance of in-car video camera recording equipment and re22 cording medium. An officer operating a patrol vehicle 

23 must immediately document and notify the appropriate 

24 person of any technical difficulties, failures, or problems 

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1 cording medium. Upon receiving notice, every reasonable 

2 effort shall be made to correct and repair any of the in3 car video camera recording equipment or recording me4 dium and determine if it is in the public interest to permit 

5 the use of the patrol vehicle. 

6 SEC. 4. FACIAL RECOGNITION TECHNOLOGY. 

7 No camera or recording device authorized or required 

8 to be used under this Act may employ facial recognition 

9 technology. 

10 SEC. 5. GAO STUDY. 

11 Not later than 1 year after the date of enactment 

12 of this Act, the Comptroller General of the United States 

13 shall conduct a study on Federal police officers’ training, 

14 vehicle pursuits, use of force, and interaction with citizens, 

15 and submit a report on such study to— 

16 (1) the Committees on the Judiciary of the 

17 House of Representatives and of the Senate; 

18 (2) the Committee on Oversight and Reform of 

19 the House of Representatives; and 

20 (3) the Committee on Homeland Security and 

21 Governmental Affairs of the Senate. 

22 SEC. 6. REGULATIONS. 

23 Not later than 6 months after the date of the enact24 ment of this Act, the Attorney General shall issue such 

25 final regulations as are necessary to carry out this Act. 


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1 SEC. 7. RULE OF CONSTRUCTION. 

2 Nothing in this Act shall be construed to impose any 

3 requirement on a uniformed officer outside of the course 

4 of carrying out that officer’s duty. 

Æ 


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