S. 3699 — FOCUS Act

This section updates references throughout INA §287 (8 U.S.C. 1357)—from "Service" to "Department of Homeland Security" and from "Attorney General" to "Secretary of Homeland Security"—and strikes redundant phrases in subsection (h). It further adds subsection (i), which requires each federal law enforcement officer (i.e., any U.S. government officer, agent, employee, or authorized private contractor engaged in preventing, detecting, or investigating federal law violations) to wear and operate a body-worn camera (i.e., mobile audio-video recording system) while performing or supporting immigration enforcement or related activities. Under the new subsection, agencies must retain body-worn camera footage for one year (permanently deletable thereafter unless involving use of force, an arrest or detention for a crime, or a complaint by a footage subject); extend retention to at least three years upon request by specified parties (e.g., the recording officer, a footage subject, a supervisor, or a subject's representative); provide access to specifically identified footage pursuant to FOIA (5 U.S.C. §552); and equip cameras with automatic activation, audit trail logging, GPS-based location services, and LTE wireless evidence upload.

This section establishes compliance and reporting requirements for Federal law enforcement officers (defined to include U.S. government officers, agents, employees, and private contractors authorized to prevent, detect, or investigate federal civil or criminal law violations) regarding body-worn camera use under new INA §287(i). It requires (1) internal accountability for noncompliance, including policy review and administrative discipline such as reprimand or suspension; (2) documentation of violations due to device malfunction, operator error, or other causes, with reports submitted to supervisors describing the reason for non-recording, interruption, or termination; (3) discipline up to termination for intentional deactivation of cameras; and (4) supervisory responsibilities to ensure officer training. The section further directs the Secretary of Homeland Security to submit annual unredacted reports to specified congressional committees and the DHS Office for Civil Rights and Civil Liberties—not later than one year after enactment and annually thereafter—detailing violation numbers and disciplinary actions, with public posting on DHS and committee websites within 30 days (subject to Inspector General redactions for sensitive operations, investigations, or privacy, with justifications included); it also requires establishment of an independent advisory panel of civil rights, privacy, technology, and law enforcement oversight experts to recommend body-worn camera policies.