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S. 3699IntroducedSenate · nowHousePresidentLawIn committee
Sec. 3 · S. 3699

Compliance and reporting

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(a) Defined term In this section, the term Federal law enforcement officer — (1) means any officer, agent, or employee of the United States Government authorized by law or by a Government agency to engage in or supervise the prevention, detection, or investigation of any violation of Federal civil or criminal law; and (2) includes individuals employed by private contractors who are so authorized to carry out the functions described in paragraph (1). (b) Internal accountability Any Federal law enforcement officer who fails to comply with the requirements under section 287(i) of the Immigration and Nationality Act, as added by section 2 shall be— (1) required to review the body worn camera policy of the agency employing such officer; and (2) subject to appropriate administrative discipline, including written reprimand, suspension, or other personnel actions, consistent with agency policy and any applicable collective bargaining agreement. (c) Documentation Each violation of section 287(i) of the Immigration and Nationality Act, as added by section 2, caused by a device malfunction, operator error, or other circumstances, shall be documented in a report that— (1) is submitted by the Federal law enforcement officer involved in such violation to his or her supervisor; and (2) includes, as applicable, a description of the reason the recording was not made, was interrupted, or was terminated. (d) Misconduct Any Federal law enforcement officer who intentionally turns off the body worn camera in violation of section 287(i) of the Immigration and Nationality Act, as added by section 2, shall be subject to discipline, which may include termination of employment. (e) Supervisory responsibilities Each supervisor of Federal law enforcement officers shall ensure that such officers receive the required training regarding the use of body worn cameras in accordance with the policies described in section 287(i) of the Immigration and Nationality Act and this Act. (f) Annual report to Congress Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit an unredacted report to the Office for Civil Rights and Civil Liberties, the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security of the House of Representatives that includes— (1) the number of documented violations of section 287(i) of the Immigration and Nationality Act, as added by section 2; and (2) a summary of disciplinary or remedial actions taken against Federal law enforcement officers responsible for such violations. (g) Public availability (1) In general Subject to paragraph (2), not later than 30 days after each annual report is submitted to Congress pursuant to subsection (f)— (A) the Secretary of Homeland Security shall post a copy of the report on a publicly accessible website of the Department of Homeland Security; and (B) the congressional committees referred to in subsection (f) shall post a copy of the report on their respective websites. (2) Redactions to publicly available report The Inspector General of the Department of Homeland Security may redact information from the public version of such report if— (A) such redactions are necessary to protect sensitive law enforcement operations, ongoing investigations, or individual privacy; and (B) the justification for such redactions is included in the report. (h) Independent review panel The Secretary of Homeland Security shall establish an independent advisory panel composed of experts in civil rights, privacy, technology, and law enforcement oversight to provide recommendations regarding policies governing the use and management of body worn cameras and recorded footage.

Sec. 3: Compliance and reporting · Public Law Tracker