S.Amdt. 1343
What it does: Rewrites page 1465, lines 3–5What it changes
1 change to S. 744
Rewrites page 1465, lines 3–5
ReplacesPrinted pageRemoves page 1465, lines 3–5 of the printed bill. See that page
Inserted: (2) Requirement for data collection.--
Inserted: (A) In general.--A law enforcement official who makes contact with an individual with the purpose or effect of enforcing an immigration law shall collect the following data:
Inserted: (i) The law enforcement official's basis for, or circumstances surrounding, such contact, including if such individual's perceived race or ethnicity contributed to such basis.
Inserted: (ii) The identifying characteristics of such individual, including the individual's race, gender, ethnicity, and approximate age.
Inserted: (iii) If such contact resulted in a stop or search, how long such a stop or search lasted, whether consent was requested and obtained for such stop or search, and the name of the person who provided such consent.
Inserted: (iv) A description of any articulable facts and behavior by the individual that demonstrate reasonable suspicion to justify such stop or probable cause to justify such search or attempt to enforce the immigration laws.
Inserted: (v) A description of any items seized during such search, including contraband or money, and a specification of the type of search conducted.
Inserted: (vi) Whether any warning or citation was issued as a result of such contact and the basis for such warning or citation.
Inserted: (vii) Whether an arrest or detention was made as a result of such contact, the justification for such arrest or detention, and the ultimate disposition of such arrest or detention.
Inserted: (viii) Whether the affected individual is undergoing immigration proceedings as of the date of the annual report.
Inserted: (ix) If a warning, citation, arrest, or detention is involved, the surname of the affected individual.
Inserted: (x) The immigration status of the individual involved and whether removal proceedings were subsequently initiated against that individual.
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Inserted: (xi) Whether any complaint was made by the individual stopped or searched.
Inserted: (B) Definitions.--In this paragraph:
Inserted: (i) Immigration laws.--The term "immigration laws" has the meaning given that term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
Inserted: (ii) Law enforcement official.--The term "law enforcement official" means--
Inserted: (I) an officer of U.S. Customs and Border Protection;
Inserted: (II) an officer of U.S. Immigration and Customs Enforcement; or
Inserted: (III) an officer or employee of a State or a political subdivision of a State who is carrying out the functions of an immigration officer pursuant to an agreement entered into under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) or pursuant to any other agreement with the Department.
Inserted: (3) Study.--Not later than 180 days after data collection under paragraph (1) commences, the Secretary shall complete a study analyzing the data.
Inserted: (4) Compilation of data.--
Inserted: (A) Department of homeland security law enforcement officials.--The Secretary shall compile the data collected under paragraph (2) by officers of U.S. Customs and Border Protection and officers of U.S. Immigration and Customs Enforcement.
Inserted: (B) Other law enforcement officials.--The head of each agency, department, or other entity that employs law enforcement officials other than officers referred to in subparagraph (A) shall--
Inserted: (i) compile the data collected by such law enforcement officials pursuant to paragraph (2); and
Inserted: (ii) submit the compiled data to the Secretary.
Inserted: (5) Use of data.--The Secretary shall consider the data compiled under paragraph (4) in making policy and program decisions related to enforcement of the immigration laws.
Inserted: (6) Annual report.--
Inserted: (A) Requirement.--Not later than one year after the effective date of this section, and annually thereafter, the Secretary shall submit to Congress the data compiled under paragraph (3) and a report on the data.
Inserted: (B) Availability.--Each report submitted under subparagraph (A) shall be made available to the public.
Original wording
On page 1465, strike lines 3 through 5, and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1343. Mrs. GILLIBRAND submitted an amendment intended to be proposed by her to the bill S. 744, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
On page 1465, strike lines 3 through 5, and insert the following:
(2) Requirement for data collection.--
(A) In general.--A law enforcement official who makes contact with an individual with the purpose or effect of enforcing an immigration law shall collect the following data:
(i) The law enforcement official's basis for, or circumstances surrounding, such contact, including if such individual's perceived race or ethnicity contributed to such basis.
(ii) The identifying characteristics of such individual, including the individual's race, gender, ethnicity, and approximate age.
(iii) If such contact resulted in a stop or search, how long such a stop or search lasted, whether consent was requested and obtained for such stop or search, and the name of the person who provided such consent.
(iv) A description of any articulable facts and behavior by the individual that demonstrate reasonable suspicion to justify such stop or probable cause to justify such search or attempt to enforce the immigration laws.
(v) A description of any items seized during such search, including contraband or money, and a specification of the type of search conducted.
(vi) Whether any warning or citation was issued as a result of such contact and the basis for such warning or citation.
(vii) Whether an arrest or detention was made as a result of such contact, the justification for such arrest or detention, and the ultimate disposition of such arrest or detention.
(viii) Whether the affected individual is undergoing immigration proceedings as of the date of the annual report.
(ix) If a warning, citation, arrest, or detention is involved, the surname of the affected individual.
(x) The immigration status of the individual involved and whether removal proceedings were subsequently initiated against that individual.
(xi) Whether any complaint was made by the individual stopped or searched.
(B) Definitions.--In this paragraph:
(i) Immigration laws.--The term “immigration laws” has the meaning given that term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(ii) Law enforcement official.--The term “law enforcement official” means--
(I) an officer of U.S. Customs and Border Protection;
(II) an officer of U.S. Immigration and Customs Enforcement; or
(III) an officer or employee of a State or a political subdivision of a State who is carrying out the functions of an immigration officer pursuant to an agreement entered into under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) or pursuant to any other agreement with the Department.
(3) Study.--Not later than 180 days after data collection under paragraph (1) commences, the Secretary shall complete a study analyzing the data.
(4) Compilation of data.--
(A) Department of homeland security law enforcement officials.--The Secretary shall compile the data collected under paragraph (2) by officers of U.S. Customs and Border Protection and officers of U.S. Immigration and Customs Enforcement.
(B) Other law enforcement officials.--The head of each agency, department, or other entity that employs law enforcement officials other than officers referred to in subparagraph (A) shall--
(i) compile the data collected by such law enforcement officials pursuant to paragraph (2); and
(ii) submit the compiled data to the Secretary.
(5) Use of data.--The Secretary shall consider the data compiled under paragraph (4) in making policy and program decisions related to enforcement of the immigration laws.
(6) Annual report.--
(A) Requirement.--Not later than one year after the effective date of this section, and annually thereafter, the Secretary shall submit to Congress the data compiled under paragraph (3) and a report on the data.
(B) Availability.--Each report submitted under subparagraph (A) shall be made available to the public.
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Senate amendment submitted
June 19, 2013