[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2832 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 2832

 To require the collection of data by officers enforcing United States 
laws and regulations, including at border security stops within United 
                States borders, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2018

 Mrs. Gillibrand (for herself, Mr. Merkley, Ms. Warren, and Mr. Udall) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To require the collection of data by officers enforcing United States 
laws and regulations, including at border security stops within United 
                States borders, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLES.

    This Act may be cited as the ``Department of Homeland Security 
Accountability and Transparency Act'' or the ``DATA Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Border security.--The term ``border security'' means 
        the prevention of unlawful entries into the United States, 
        including entries by individuals, 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 by a law enforcement 
                official 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--
                            (i) an agreement entered into under section 
                        287(g) of the Immigration and Nationality Act 
                        (8 U.S.C. 1357(g));
                            (ii) authorization under title IV of the 
                        Tariff Act of 1930 (19 U.S.C. 1401 et seq.); or
                            (iii) any other agreement with the 
                        Department of Homeland Security, including any 
                        Federal grant program.
            (4) Patrol stop.--The term ``patrol stop'' means search, 
        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.

SEC. 3. DATA COLLECTION BY LAW ENFORCEMENT OFFICIALS ENFORCING UNITED 
              STATES LAWS AND REGULATIONS AND MAKING BORDER SECURITY 
              STOPS.

    (a) Requirement for Data Collection Regarding Stops and Searches.--
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 contact, including if such 
        individual's perceived race or ethnicity contributed to the 
        basis for, and circumstances surrounding, the contact;
            (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 the contact, including 
        any search;
            (5) a description of any articulable facts and behavior by 
        the individual that justify initiating the contact 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) whether any arrest, detention, warning, or citation 
        resulted from such contact and the basis for such action;
            (8) the immigration status of the individual, if obtained 
        during the ordinary course of the contact without additional 
        questioning in accordance with this Act, and whether removal 
        proceedings were subsequently initiated against the individual;
            (9) whether a body-worn camera or any other video or audio 
        recording exists that recorded the stop or detention;
            (10) whether force was used by the law enforcement official 
        and, if so, the type of force, justification for using force, 
        and whether the use of force resulted in injury or death;
            (11) whether any complaint was made by the individual 
        subject to the contact, and if so--
                    (A) which oversight components within or outside of 
                the Department of Homeland Security investigated the 
                complaint;
                    (B) how long the investigation lasted;
                    (C) a description of the methods of investigation 
                used; and
                    (D) the badge number of the law enforcement 
                official involved in the complaint;
            (12) if the contact 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 contact 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) whether the individual was being held by State 
                or local officials on State criminal charges at the 
                time of such contact;
            (13) if the contact was initiated by a State or local law 
        enforcement agency of a State, whether such agency was acting 
        pursuant to--
                    (A) an agreement entered into under section 287(g) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1357(g));
                    (B) authorization under title IV of the Tariff Act 
                of 1930 (19 U.S.C. 1401 et seq.); or
                    (C) pursuant to any other agreement with the 
                Department of Homeland Security, including any Federal 
                grant program;
            (14) if the contact involved an individual whose primary 
        language of communication is not English, the means of 
        communication used;
            (15) if the contact occurred at a location proximate to a 
        place of worship or religious ceremony, school or education-
        related place or event, courthouse or other civic building 
        providing services accessible to the public, hospital, medical 
        treatment, or health care facility, at a public demonstration, 
        or an attorney's office, including a public defender or legal 
        aid office; and
            (16) if the contact occurred at a location described in 
        paragraph (15), why that location was chosen and any 
        supervisory approval that was sought to carry out the contact 
        at the location.
    (b) 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;
            (3) the dates on which a temporary checkpoint was used; and
            (4) 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 and surveillance 
        technologies, including license plate readers.
    (c) Rulemaking.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security, in 
consultation with stakeholders, including research, civil and human 
rights organizations, shall promulgate regulations relating to the 
collection and reporting of data required under subsections (a) and 
(b), which shall--
            (1) specify all data to be reported; and
            (2) provide standards, definitions, and technical 
        specifications to ensure uniform reporting.
    (d) Compilation of Data.--
            (1) Department of homeland security law enforcement 
        officials.--The Secretary of Homeland Security shall compile--
                    (A) the data collected under subsection (a) by U.S. 
                Immigration and Customs Enforcement officers and U.S. 
                Customs and Border Protection officers;
                    (B) the data collected under subsection (b) by the 
                Commissioner of U.S. Customs and Border Protection; and
                    (C) an analysis for all incidents investigated by 
                the Department of Homeland Security's Office of 
                Inspector General, U.S. Customs and Border Protection's 
                Office of Professional Responsibility, or U.S. 
                Immigration and Customs Enforcement's Office of 
                Professional Responsibility to determine whether the 
                data required to be collected under this Act were 
                properly recorded and, if not, the corrective measures 
                that 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 collected by such law 
                enforcement officials pursuant to subsection (a); 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.
    (f) Audit and Report.--Not later than 1 year after the effective 
date of the regulations promulgated under subsection (c), the 
Comptroller General of the United States shall--
            (1) conduct an audit of the data compiled under subsection 
        (d) to determine whether law enforcement officials are 
        complying with the data collection requirements under 
        subsection (a); and
            (2) submit a report to Congress that contains a summary of 
        the findings of such audit.

SEC. 4. ANNUAL REPORT.

    (a) Requirement.--Not later than 1 year after the effective date of 
this Act, and annually thereafter, the Secretary of Homeland Security 
shall submit a report to Congress on the data compiled under section 
3(d), including all such data for the previous year.
    (b) Availability.--Each report submitted under subsection (a) shall 
be made available to the public, except for particular data if the 
Secretary--
            (1) explicitly invokes an exemption contained in paragraphs 
        (1) through (9) of section 552(b) of title 5, United States 
        Code; and
            (2) provides a written explanation for the exemption's 
        applicability.
    (c) Privacy.--The Secretary may not report unique personal 
identifying information of persons stopped, searched, or subjected to a 
property seizure, for purposes of this section.
    (d) Publication.--The data compiled under section 3(d) shall be 
made available to the public to the extent the release of such data is 
permissible under Federal law.
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