S.Amdt. 1418
What it does: Inserts new text on page 919, between lines 10 and 11What it changes
1 change to S. 744
Inserts new text on page 919, between lines 10 and 11
InsertsPrinted pageInserted: (b) Annual Report on Use of Force.--
Inserted: (1) Requirement.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Inspector General of the Department shall submit to the appropriate committees of Congress a report on the use of force--
Inserted: (A) by Federal employees performing enforcement of the immigration laws, including personnel of U.S. Customs and Border Protection, U.S. Border Patrol, U.S. Immigration and Customs Enforcement, the National Guard deployed to assist U.S. Customs and Border Protection under section 1103(c)(6), and the Coast Guard and agriculture specialists stationed within 100 miles of any land or marine border; or
Inserted: (B) involving State or local law enforcement personnel operating as part of a task force involving Federal participation.
Inserted: (2) Contents.--Each report required by paragraph (1) shall include, with respect to the use of force in the enforcement of the immigration laws, the following:
Inserted: (A) A description of the training requirements for use of force on issued equipment, non-force techniques, de-escalation techniques, the use of defensive equipment and a determination of the adequacy of the training requirements.
Inserted: (B) A description of the type and frequency of the use of force on each of the following:
Inserted: (i) Citizens of the United States.
Inserted: (ii) Aliens lawfully present in the United States, including aliens in registered provisional immigrant status, blue card status, nonimmigrant status pursuant to section 101(a)(15)(W) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(W)), as amended by this Act, and those admitted under the amendments made by the DREAM Act 2013.
Inserted: (iii) Persons not described in clause (i) or (ii).
Inserted: (C) The gender, race, nationality, ethnicity, and age of the person upon whom force was used.
Inserted: (D) The date, time, and location (including country, sector, or district, if applicable) of the use of force.
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Inserted: (E) A brief description of the circumstances surrounding the use of force.
Inserted: (F) The number of officers who used force in the enforcement of immigration laws.
Inserted: (G) A description of the administrative oversight that occurred following each such use of force.
Inserted: (H) The number of complaints regarding the use of force and the number of resulting investigations.
Inserted: (I) A description of the types of disciplinary actions resulting from such investigations and the frequency of such actions.
Inserted: (J) A description of the policy recommendations, if any, of the Inspector General of the Department relating to use of force.
Inserted: (K) Any such other information and statistics related to the use of force that the Inspector General of the Department determines to be appropriate.
Inserted: (L) Results of inspections, investigations, and audits conducted pursuant to section 104(d) of the Homeland Security Act of 2002, as added by 1114 of this Act.
Inserted: (M) A summary of the information and findings in described subparagraphs (A) through (L).
Inserted: (3) Definitions.--In this subsection:
Inserted: (A) Appropriate committees of congress.--The term "appropriate committees of Congress" means--
Inserted: (i) the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate; and
Inserted: (ii) the Committee on the Judiciary and the Committee on Homeland Security of the House of Representative.
Inserted: (B) Use of force.--The term "use of force" means physical effort to compel compliance by a subject that exceeds unresisted handcuffing, including pointing a firearm at the subject or employing canines.
Inserted: (4) Availability of reports.--Each report submitted under this subsection shall be made available to the public without the need to submit a request under section 552 of title 5, United States Code (commonly known as the "Freedom of Information Act").
Original wording
On page 919, between lines 10 and 11, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1418. Mrs. MURRAY 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 919, between lines 10 and 11, insert the following:
(b) Annual Report on Use of Force.--
(1) Requirement.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Inspector General of the Department shall submit to the appropriate committees of Congress a report on the use of force--
(A) by Federal employees performing enforcement of the immigration laws, including personnel of U.S. Customs and Border Protection, U.S. Border Patrol, U.S. Immigration and Customs Enforcement, the National Guard deployed to assist U.S. Customs and Border Protection under section 1103(c)(6), and the Coast Guard and agriculture specialists stationed within 100 miles of any land or marine border; or
(B) involving State or local law enforcement personnel operating as part of a task force involving Federal participation.
(2) Contents.--Each report required by paragraph (1) shall include, with respect to the use of force in the enforcement of the immigration laws, the following:
(A) A description of the training requirements for use of force on issued equipment, non-force techniques, de-escalation techniques, the use of defensive equipment and a determination of the adequacy of the training requirements.
(B) A description of the type and frequency of the use of force on each of the following:
(i) Citizens of the United States.
(ii) Aliens lawfully present in the United States, including aliens in registered provisional immigrant status, blue card status, nonimmigrant status pursuant to section 101(a)(15)(W) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(W)), as amended by this Act, and those admitted under the amendments made by the DREAM Act 2013.
(iii) Persons not described in clause (i) or (ii).
(C) The gender, race, nationality, ethnicity, and age of the person upon whom force was used.
(D) The date, time, and location (including country, sector, or district, if applicable) of the use of force.
(E) A brief description of the circumstances surrounding the use of force.
(F) The number of officers who used force in the enforcement of immigration laws.
(G) A description of the administrative oversight that occurred following each such use of force.
(H) The number of complaints regarding the use of force and the number of resulting investigations.
(I) A description of the types of disciplinary actions resulting from such investigations and the frequency of such actions.
(J) A description of the policy recommendations, if any, of the Inspector General of the Department relating to use of force.
(K) Any such other information and statistics related to the use of force that the Inspector General of the Department determines to be appropriate.
(L) Results of inspections, investigations, and audits conducted pursuant to section 104(d) of the Homeland Security Act of 2002, as added by 1114 of this Act.
(M) A summary of the information and findings in described subparagraphs (A) through (L).
(3) Definitions.--In this subsection:
(A) Appropriate committees of congress.--The term “appropriate committees of Congress” means--
(i) the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(ii) the Committee on the Judiciary and the Committee on Homeland Security of the House of Representative.
(B) Use of force.--The term “use of force” means physical effort to compel compliance by a subject that exceeds unresisted handcuffing, including pointing a firearm at the subject or employing canines.
(4) Availability of reports.--Each report submitted under this subsection shall be made available to the public without the need to submit a request under section 552 of title 5, United States Code (commonly known as the “Freedom of Information Act”).
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Senate amendment submitted
June 19, 2013