S.Amdt. 2019

SA 2019. Mrs. GILLIBRAND (for herself and Mr. Udall) submitted an
amendment intended to be proposed by her to the bill H.R. 2579, to
amend the Internal Revenue Code of 1986 to allow the premium tax credit
with respect to unsubsidized COBRA continuation coverage; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. DEPARTMENT OF HOMELAND SECURITY ENFORCEMENT
TRANSPARENCY.

(a) Short Title.--This section may be cited as the
``Department of Homeland Security Enforcement Transparency
Act''.
(b) 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) at which 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 making border security
stops; 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 a primary inspection at a 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.
(c) 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,
such as a primary inspection at a checkpoint, shall record--
(1) the date, time, and location of the contact;
(2) 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;
(3) the identifying characteristics of such individual,
including the individual's perceived race, gender, ethnicity,
and approximate age;
(4) the duration of the stop, detention, or search, whether
consent was requested and obtained for detention and any
search;
(5) 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;
(6) a description of any items seized during such search,
including contraband or money, and a specification of the
type of search conducted;
(7) any warning or citation that was issued as a result of
such contact and the basis for such warning or citation;
(8) if an arrest or detention was made as a result of such
contact, the justification for such arrest or detention;
(9) the immigration status of the individual and whether
removal proceedings were subsequently initiated against the
individual;
(10) if force was used by the law enforcement official and
if force was used, the type of force and justification for
using force;
(11) any complaint made by the individual and any follow-up
made regarding the complaint;
(12) the badge number of law enforcement official involved
in the complaint; and
(13) if the action was initiated by a State or local law
enforcement agency--
(A) the reason for involvement of a Federal law enforcement
official;
(B) the duration of the stop prior to contact with any
Federal law enforcement official;
(C) the method by which a Federal law enforcement official
was informed of the stop; and
(D) if the individual was being held by State or local
officials on State criminal charges at the time of such
contact.
(d) 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--
(1) the number of permanent and temporary checkpoints
utilized by officers of U.S. Customs and Border Protection;
(2) the location of each such checkpoint; and
(3) 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.
(e) Rulemaking.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland
Security, after consultation with stakeholders, including
research, civil and human rights organizations, shall issue
regulations for the collection and reporting of data required
under subsections (c) and (d) that--
(1) specify all data to be reported; and
(2) provide standards, definitions, and technical
specifications to ensure uniform reporting.
(f) Compilation of Data.--
(1) Department of homeland security law enforcement
officials.--The Secretary of Homeland Security shall
compile--
(A) the data recorded under subsection (c) by officers of
U.S. Immigration and Customs Enforcement and by officers of
U.S. Customs and Border Protection;
(B) the data collected under subsection (d) by the
Commissioner of U.S. Customs and Border Protection; and
(C) an analysis of all incidents investigated by the Office
of Inspector General or the Office of Professional
Responsibility of U.S. Customs and Border Protection or of
U.S. Immigration and Customs Enforcement to determine--
(i) whether the data required to be collected under this
section were properly recorded; and
(ii) if such date were not properly recorded, what
corrective measures were or will be taken.
(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 recorded by such law enforcement
officials pursuant to subsection (c); and

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(B) submit the compiled data to the Secretary of Homeland
Security.
(g) Use of Data.--The Secretary of Homeland Security shall
consider the data compiled under subsection (f) in making
policy and program decisions related to enforcement of border
security.
(h) Annual Report.--
(1) Requirement.--Not later than 1 year after the effective
date of the regulations issued pursuant to subsection (e),
and annually thereafter, the Secretary of Homeland Security
shall submit a report to Congress that summarizes all of the
data compiled under subsection (f) during 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--
(A) explicitly invokes an exemption under paragraphs (1)
through (9) of section 552(b) of title 5, United States Code;
and
(B) provides a written explanation for the exemption's
applicability.
(3) Protection of privacy.--The Secretary of Homeland
Security may not disclose unique personal identifying
information of persons stopped, searched, or subjected to a
property seizure that was recorded or collected under this
section. The report submitted under paragraph (1) shall be
available to the public to the extent the release of the date
contained in the report is permissible under Federal law.
______