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. JOHN-
SON 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 de-
termined 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘ICE and CBP Body 
Camera Accountability Act’’. 
SEC. 2. USE OF BODY CAMERAS BY AGENTS AND OFFICERS 
OF U.S. IMMIGRATION AND CUSTOMS EN-
FORCEMENT AND U.S. CUSTOMS AND BOR-
DER PROTECTION. 
(a) IN GENERAL.—Not later than the date that the 
rule under subsection (e) is finalized, the Director of U.S. 
Immigration and Customs Enforcement (ICE) and the 
Commissioner of U.S. Customs and Border Protection 
(CBP) shall ensure that agents and officers of ICE and 
CBP, as the case may be, wear body cameras when such 
agents and officers are engaged in official operations. 
(b) IMPLEMENTATION.—To carry out this section, 
the Director of ICE and the Commissioner of CBP shall 
establish— 
(1) policies, procedures, and best practices for 
the use of body cameras by agents and officers of 
ICE and CBP, including training relating to the use 
of such cameras; and 
(2) policies and procedures for carrying out ad-
verse actions under subsection (f). 
(c) ALWAYS-ON.—Body cameras worn by agents and 
officers of ICE and CBP shall be turned on at the begin-
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ning of the shift of such agents and officers and shall re-
main on for the duration of such shifts. 
(d) AVAILABILITY OF BODY CAMERA FOOTAGE.— 
Footage collected by such a body camera shall be made 
available to each party to any administrative proceeding, 
civil action, or criminal prosecution to which such footage 
pertains in accordance with such requirements as the Sec-
retary of Homeland Security shall by rule require under 
subsection (e). If such footage is not made available, such 
a party may notify the Director of ICE or the Commis-
sioner of CBP, as the case may be, in writing for purposes 
of instigating an adverse action described in subsection 
(f). 
(e) RULEMAKING.—Not later than 60 days after the 
date of enactment of this Act, the Secretary of Homeland 
Security shall commence a rulemaking regarding the use 
of body cameras and the provision of footage in accord-
ance with subsection (d) that is consistent with the ‘‘Civil 
Rights Principles for Body Worn Cameras’’ of the Leader-
ship Conference on Civil and Human Rights, May 2015. 
The proposed rule shall include a comparison with the 
American Civil Liberties Union’s January 2017 ‘‘Model 
Act for Regulating the Use of Wearable Body Cameras 
by Law Enforcement’’ and ‘‘An Act Relative to Body- 
Worn Cameras for Law Enforcement Officers,’’ 2016 
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N.H. Legis. Serv. 322 (codified at N.H. REV. STAT. 
ANN. § 105-D (2016)). 
(f) ADVERSE ACTIONS FOR ABSENCE OF BODY CAM-
ERA FOOTAGE.—An agent or officer of ICE or CBP whose 
body camera does not record footage because of a violation 
of subsection (c) shall be subject to furlough, reduction 
in pay or grade, or a suspension of up to 30 days under 
subchapter II of chapter 75 of title 5, United States Code, 
as the Director of ICE or the Commissioner of CBP (as 
the case may be) determines appropriate. If a body camera 
does not record at a time when the camera is required 
to be active, the Secretary of Homeland Security may not 
determine that the camera suffered a malfunction unless 
the agent or officer submits evidence sufficient to establish 
that a malfunction occurred. 
(g) PROHIBITION ON NEW FUNDING.—No additional 
funding is authorized to be appropriated to carry out this 
Act. This Act shall be carried out using amounts otherwise 
made available for such purposes. 
Æ 
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