S.Amdt. 4349

SA 4349. Mrs. GILLIBRAND submitted an amendment intended to be
proposed by her to the bill S. 2943, to authorize appropriations for
fiscal year 2017 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:

At the end of subtitle I of title X, add the following:

SEC. 1097. BORDER SECURITY ENFORCEMENT TRANSPARENCY.

(a) Definitions.--In this section
(1) Border security.--The term ``border security'' means
the prevention of unlawful entries into the United States,
including entries by terrorists, other unlawful aliens,
instruments of terrorism, narcotics, and other contraband.
(2) Checkpoint.--The term ``checkpoint'' means a location--
(A) where vehicles or individuals traveling through the
location are stopped or boarded by an officer of U.S. Customs
and Border Protection for the purposes of enforcement of
United States laws and regulations; and
(B) that is not located at a port of entry along an
international border of the United States.
(3) Law enforcement official.--The term ``law enforcement
official'' means--
(A) an officer or agent of U.S. Customs and Border
Protection;
(B) an officer or agent of U.S. Immigration and Customs
Enforcement; or
(C) 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)), pursuant to authorization under title IV
of the Tariff Act of 1930 (19 U.S.C. 1401 et seq.), or
pursuant to any other agreement with the Department of
Homeland Security.
(4) Patrol stop.--The term ``patrol stop'' means seizure or
interrogation of a motorist, passenger, or pedestrian
initiated anywhere except as part of an inspection at a port
of entry or checkpoint.
(5) Primary inspection.--The term ``primary inspection''
means an initial inspection of a vehicle or individual at a
checkpoint.
(6) Secondary inspection.--The term ``secondary
inspection'' means a further inspection of a vehicle or
individual that is conducted following a primary inspection.
(b) Requirement for Data Collection Regarding Stops and
Searches Intended to Enforce Border Security.--A law
enforcement official who initiates a patrol stop or who
detains any individual beyond a brief and limited inquiry
during a primary inspection, including by referral to a
secondary inspection or by conducting a search of the vehicle
or its occupants, shall collect the following data:
(1) The date, time, and location of the contact.
(2) The surname and date of birth of the individual subject
to the contact.
(3) The law enforcement official's basis for, or
circumstances surrounding, the action, including if such
individual's perceived race or ethnicity contributed to such
basis.
(4) The identifying characteristics of such individual,
including the individual's perceived race, gender, ethnicity,
and approximate age.
(5) The duration of the stop, detention, or search, whether
consent was requested and obtained for detention and any
search, and the name of the person who provided such consent.
(6) A description of any articulable facts and behavior by
the individual that justify initiating a stop or probable
cause to justify any search pursuant to such contact.
(7) A description of any items seized during such search,
including contraband or money, and a specification of the
type of search conducted.
(8) Whether any warning or citation was issued as a result
of such contact and the basis for such warning or citation.
(9) 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.
(10) Whether the affected individual is undergoing
immigration proceedings as of the date of the annual report.
(11) The immigration status of the individual and whether
removal proceedings were subsequently initiated against the
individual.
(12) Whether force was used by the law enforcement official
and if so, the type of force and justification for using
force
(13) Whether any complaint was made by the individual, and
if so whether there was any follow-up made regarding the
complaint.
(14) The badge number of the law enforcement official
involved in the complaint.
(15) If the action was initiated by a State or local law
enforcement agency, the reason for involvement of a Federal
law enforcement official, the duration of the stop prior to
contact with any Federal law enforcement official, the method
by which a Federal law enforcement official was informed of
the stop, and whether the individual was being held by State
or local officials on State criminal charges at the time of
such contact.
(c) Requirement for U.S. Customs and Border Protection Data
Collection Regarding Checkpoints.--The Commissioner of U.S.
Customs and Border Protection shall collect data on the
number of permanent and temporary checkpoints utilized by
officers of U.S. Customs and Border Protection, the location
of each such checkpoint, and a description of each such
checkpoint, including the presence of any other law
enforcement agencies and the use of law enforcement resources
such as canines.
(d) Compilation of Data.--
(1) Department of homeland security law enforcement
officials.--The Secretary of Homeland Security shall compile
the data--
(A) collected under subsection (b) by officers of U.S.
Immigration and Customs Enforcement and by officers of U.S.
Customs and Border Protection; and
(B) collected under subsection (c) by the Commissioner of
U.S. Customs and Border Protection.
(2) Other law enforcement officials.--The head of each
agency, department, or other entity that employs law
enforcement officials other than officers referred to in
paragraph (1) shall--
(A) compile the data collected by such law enforcement
officials pursuant to subsection (b); and
(B) submit the compiled data to the Secretary of Homeland
Security.
(e) Use of Data.--The Secretary of Homeland Security shall
consider the data compiled under subsection (d) in making
policy and program decisions related to enforcement of border
security.
(f) Annual Report.--
(1) Requirement.--Not later than one year after the
effective date of this Act, and annually thereafter, the
Secretary of Homeland Security shall submit to Congress a
report on the data compiled under subsection (d) that
includes all such data for the previous year.
(2) Availability.--Each report submitted under paragraph
(1) shall be made available to the public, except for
particular data if the Secretary explicitly invokes an
exemption contained in paragraphs (1) through (9) of section
552(b) of title 5, United States Code, and provides a written
explanation for the exemption's applicability.
(g) Effective Date.--This section shall take effect 60 days
after the date of the enactment of this Act.
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