S.Amdt. 2823

SA 2823. Mr. PADILLA submitted an amendment intended to be proposed
to amendment SA 2360 proposed by Mr. Thune (for Mr. Graham) to the bill
H.R. 1, to provide for reconciliation pursuant to title II of H. Con.
Res. 14; which was ordered to lie on the table; as follows:

On page 922, between lines 2 and 3, insert the following:

SEC. 100058. LIMITATIONS ON IMMIGRATION ENFORCEMENT
ACTIVITIES.

(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(C) the Committee on the Judiciary of the House of
Representatives; and
(D) the Committee on Homeland Security of the House of
Representatives.
(2) Immigration enforcement activity.--The term
``immigration enforcement activity''--
(A) means any activity that involves the direct exercise of
Federal immigration authority through public-facing actions,
including a patrol, stop, arrest, search, raid, interview to
determine immigration status, checkpoint inspection, or the
service of a judicial or administrative warrant; and
(B) does not include covert, non-public operations.
(3) Officer.--The term ``officer'' means--
(A) any officer or employee of U.S. Customs and Border
Protection;
(B) any officer or employee of U.S. Immigration and Customs
Enforcement; and
(C) any individual who has been authorized, deputized, or
designated under Federal law, regulation, or agreement to
perform immigration enforcement functions, including
functions authorized pursuant to an agreement described in
section 287(g) of the Immigration and Nationality Act (8
U.S.C. 1357(g)) or any other delegation of authority through
an agreement with the Department of Homeland Security.
(b) Identification Requirements.--All public-facing
immigration enforcement activities using amounts made
available under this title or title IX shall be conducted by
officers who are wearing clearly visible identification,
which shall include-
(1) an unobscured face that is not covered by a facial
covering, such as a mask or balaclava, unless such a covering
is necessary to meet specific operational requirements of the
enforcement action;
(2) the full name or widely recognized acronym of the
officer's employing agency; and
(3) the officer's last name or unique badge or
identification number, displayed on the outermost garment or
gear and not obscured by tactical equipment, body armor, or
accessories.
(c) Compliance and Reporting.--
(1) Internal accountability.--The Secretary of Homeland
Security shall ensure that any officer's failure to comply
with the requirements under subsection (b) is subject to
appropriate administrative discipline, including written
reprimand, suspension, or other personnel actions consistent
with agency policy and any applicable collective bargaining
agreement.
(2) Annual report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
of Homeland Security shall submit a report to the appropriate
congressional committees that includes--
(A) the number of documented instances of noncompliance
with the requirements under subsection (b); and
(B) a summary of disciplinary or remedial actions taken in
response to such noncompliance.
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