ABC Act of 2021
Bill: H.R.3248 | Sponsor: Rep. Guest, Michael (R-MS)
Policy area: Crime and Law Enforcement

Summary:
American Body-worn Camera Act of 2021 or the ABC Act of 2021
This bill provides funding for grants to states and local governments to support the use of body-worn cameras by law enforcement.

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
 establish a body-worn camera partnership grant program, 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 ``American Body-worn Camera Act of 
2021'' or the ``ABC Act of 2021''.

SEC. 2. BODY-WORN CAMERA PARTNERSHIP GRANT PROGRAM.

     Subpart 1 of part E of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) is amended by adding 
at the end the following:

``SEC. 509. BODY-WORN CAMERA PARTNERSHIP GRANT PROGRAM.

    ``(a) Definitions.--In this section--
            ``(1) the term `covered government' means a State or unit 
        of local government; and
            ``(2) the term `Director' means the Director of the Bureau 
        of Justice Assistance.
    ``(b) Authorization of Grants.--The Director may make grants to 
eligible covered governments for use by the covered government for--
            ``(1) the purchase of body-worn cameras or other audio-
        video technology that is utilized to record interactions 
        between law enforcement and the public;
            ``(2) necessary initial supportive technological 
        infrastructure for body-worn cameras or other technologies for 
        law enforcement officers in the jurisdiction of the grantee;
            ``(3) the development of policies and procedures relating 
        to the use of body-worn cameras or other technologies;
            ``(4) training on the use of body-worn cameras or other 
        technologies; and
            ``(5) the storage, retention, viewing, auditing, and 
        release of footage from body-worn cameras or other 
        technologies.
    ``(c) Eligibility.--
            ``(1) Application.--For a covered government to be eligible 
        to receive a grant under this section, the chief executive 
        officer of the covered government shall submit to the Director 
        an application in such form and containing such information as 
        the Director may require.
            ``(2) Policies and procedures assurances.--The application 
        under paragraph (1) shall, as required by the Director, provide 
        assurances that the covered government will establish policies 
        and procedures in accordance with subsection (d).
    ``(d) Required Policies and Procedures.--
            ``(1) In general.--A covered government receiving a grant 
        under this section shall develop policies and procedures 
        related to the use of body-worn cameras or other technologies 
        that--
                    ``(A) are developed with input from law enforcement 
                officers who are not supervisors, or the 
                representatives of such officers;
                    ``(B) are developed with community input, including 
                from prosecutors and organizations representing crime 
                victims, in accordance with recognized best practices;
                    ``(C) require that a body-worn camera or other 
                technologies be activated when a law enforcement 
                officer arrests or detains any person in the course of 
                the official duties of the officer, with consideration 
                to sensitive cases;
                    ``(D) apply discipline to any law enforcement 
                officer who intentionally fails to ensure that a body-
                worn camera or other technology is engaged, functional, 
                and properly secured at all times during which the 
                camera is required to be worn;
                    ``(E) require training for--
                            ``(i) the proper use of body-worn cameras 
                        or other technologies; and
                            ``(ii) the handling and use of the obtained 
                        video and audio recordings;
                    ``(F) provide clear standards for privacy, data 
                retention, and use for evidentiary purposes in a 
                criminal proceeding, including in the case of an 
                assault on a law enforcement officer; and
                    ``(G) make footage available to the public in 
                response to a valid request under an applicable freedom 
                of information law if the footage can be made 
                available--
                            ``(i) without compromising an ongoing 
                        investigation or revealing the identity of 
                        third parties, including victims, informants, 
                        or witnesses; and
                            ``(ii) with consideration given to the 
                        rights of victims and surviving family members.
            ``(2) Publication.--A covered government receiving a grant 
        under this section shall make all policies and procedures 
        regarding body-worn cameras or other technologies available on 
        a public website.
            ``(3) Guidance.--The Director shall issue guidance to 
        covered governments related to the requirements under paragraph 
        (1).
    ``(e) Grant Amounts.--
            ``(1) Minimum amount.--
                    ``(A) In general.--Each fiscal year, unless the 
                Director has awarded a fully funded grant for each 
                eligible application submitted by a State and any units 
                of local government within the State under this section 
                for the fiscal year, the Director shall allocate to the 
                State and units of local government within the State 
                for grants under this section an aggregate amount that 
                is not less than 0.5 percent of the total amount 
                appropriated for the fiscal year for grants under this 
                section.
                    ``(B) Certain territories.--For purposes of the 
                Virgin Islands, American Samoa, Guam, and the Northern 
                Mariana Islands, subparagraph (A) shall be applied by 
                substituting `0.25 percent' for `0.5 percent'.
            ``(2) Aggregate amount per state.--A State and each covered 
        government within the State may not receive grants under this 
        section for a fiscal year in an aggregate amount that is more 
        than 10 percent of the total amount appropriated for grants 
        under this section for the fiscal year.
            ``(3) Allocation.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), of funds available in any fiscal 
                year--
                            ``(i) not more than 40 percent shall be 
                        allocated for grants pursuant to applications 
                        submitted by a covered government having 
                        jurisdiction over areas with populations 
                        exceeding 150,000;
                            ``(ii) not more than 30 percent shall be 
                        allocated for grants pursuant to applications 
                        submitted by a covered government having 
                        jurisdiction over areas with populations of 
                        150,000 or less, but exceeding 50,000; and
                            ``(iii) not more than 30 percent shall be 
                        allocated for grants pursuant to applications 
                        submitted by a covered government having 
                        jurisdiction over areas with populations of 
                        50,000 or less.
                    ``(B) Exception.--In the case that all eligible 
                grant applications have been funded for a fiscal in an 
                allocation category under clauses (i) through (iii) of 
                subparagraph (A) and there are funds remaining under 
                that allocation category, the Director may make such 
                funds available to applicants described in the 
                remaining allocation categories.
    ``(f) Matching Funds.--The portion of the costs of a body-worn 
camera program provided by a grant under this section may not exceed 75 
percent.
    ``(g) Supplement, Not Supplant.--Funds made available under this 
section shall not be used to supplant covered government funds, but 
shall be used to increase the amount of funds that would, in the 
absence of Federal funds, be made available from covered government 
sources for the purposes of this section.
    ``(h) Reports to the Director.--A covered government that receives 
a grant under this section shall submit to the Director, for each year 
in which funds from a grant received under this section are expended, a 
report at such time and in such manner as the Director may reasonably 
require, that contains--
            ``(1) a summary of the activities carried out under the 
        grant and an assessment of whether the activities are meeting 
        the needs identified in the grant application; and
            ``(2) such other information as the Director may require.
    ``(i) Reports to Congress.--Not later than 90 days after the end of 
a fiscal year for which grants are made under this section, the 
Director shall submit to Congress a report that includes--
            ``(1) the aggregate amount of grants made under this 
        section to each covered government for the fiscal year;
            ``(2) a summary of the information provided by covered 
        governments receiving grants under this section; and
            ``(3) a description of the priorities and plan for awarding 
        grants among eligible covered governments, and how the plan 
        will ensure the effective use of body-worn cameras to protect 
        public safety.
    ``(j) Direct Appropriations.--For the purpose of making grants 
under this section there is authorized to be appropriated, and there is 
appropriated, out of amounts in the Treasury not otherwise 
appropriated, to remain available until expended--
            ``(1) $40,000,000 for fiscal year 2022;
            ``(2) $45,0000,000 for fiscal year 2023;
            ``(3) $50,000,000 for fiscal year 2024;
            ``(4) $55,000,000 for fiscal year 2025; and
            ``(5) $60,000,000 for fiscal year 2026.''.
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