[Congressional Record Volume 172, Number 21 (Thursday, January 29, 2026)]
[Senate]
[Page S384]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4266. Mr. BENNET submitted an amendment intended to be proposed by
him to the bill H.R. 7148, making further consolidated appropriations
for the fiscal year ending September 30, 2026, and for other purposes;
which was ordered to lie on the table; as follows:
On page 1176, after line 17, add the following:
Sec. 239. (a) In this section--
(1) the term ``agency'' means an Executive agency (as
defined in section 105 of title 5, United States Code);
(2) the term ``covered employee'' means--
(A) a covered immigration officer (as defined in section
236(g)(1)(A) of the Immigration and Nationality Act, as
amended by section 2), whose official duties put the covered
employee at greater risk of being the target of a threat,
intimidation, harassment, stalking, or a similar action;
(B) a spouse, child, or parent of an employee described in
subparagraph (A); and
(C) any other familial relative of such employee who has
the same permanent residence as such employee;
(3) the term ``privacy-enhancing services'' means any
software or hardware solution, technical process, technique,
or other technological means of mitigating privacy risks
arising from data processing, including by eliminating,
reducing, or suppressing personal information, including
restricted personal information (as defined in section
119(b)(1) of title 18, United States Code).
(b) Section 236 of the Immigration and Nationality Act (8
U.S.C. 1226) is amended by adding at the end the following:
``(g) Identification Requirement for Immigration
Enforcement Personnel.--
``(1) Definitions.--In this subsection:
``(A) Covered immigration officer.--The term `covered
immigration officer' means--
``(i) any officer, agent, or employee of U.S. Customs and
Border Protection;
``(ii) any officer, agent, or employee of U.S. Immigration
and Customs Enforcement; and
``(iii) any officer, agent, or individual authorized,
deputized, or designated under Federal law, regulation, or
agreement to perform immigration enforcement functions,
including pursuant to section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) or any other delegation or
agreement with the Department of Homeland Security.
``(B) Immigration enforcement function.--The term
`immigration enforcement function'--
``(i) means any activity that involves the direct exercise
of Federal immigration enforcement through public-facing
actions, including a patrol, stop, arrest, search, interview
to determine immigration status, raid, checkpoint, or the
service of a judicial or administrative warrant; and
``(ii) does not include any covert, nonpublic operation.
``(2) In general.--Except as provided in paragraph (3), any
covered immigration officer who is conducting an immigration
enforcement function and any Federal or non-Federal law
enforcement officer who is providing direct support to such
immigration enforcement function shall visibly display--
``(A) such covered immigration officer's last name and
another individual identifier that is unique to such
individual;
``(B) the name of the Federal law enforcement entity or
other organization employing such covered immigration
officer; and
``(C) the face of such covered immigration officer.
``(3) Exception.--The requirement under paragraph (2) shall
not apply to individuals referred to in such paragraph who--
``(A) are engaged in investigative activity involving the
use of an assumed name or cover identity;
``(B) are engaged in planned tactical operations (such as
high-risk situations, responding to hostage incidents,
terrorism response, narcotics raids, hazardous surveillance,
sniper incidents, armed suicidal persons, barricaded
suspects, high-risk felony warrant service, fugitives
refusing to surrender, and active shooter incidents) by
specifically trained law enforcement personnel to a high-risk
situation that requires the application of specialized
lifesaving tools, tactics, and capabilities which exceed
those immediately available to the officer or agent of the
Department of Homeland Security who is conducting an
immigration enforcement function and any Federal or non-
Federal law enforcement officer who is providing direct
support to such immigration enforcement function in the
regular performance of the officer's or agent's official
duties; or
``(C) are engaged in a law enforcement function that
necessitate the use of face coverings, as required under
section 1960.10(b) of title 29, Code of Federal
Regulations.''.
(c) Nothing in this section or in the amendment made by
this section may be construed to prohibit, restrain, or
limit--
(1) the lawful investigation or reporting by the press of
any unlawful activity or misconduct alleged to have been
committed by a covered employee;
(2) the lawful disclosure of information relating to a
covered employee or the immediate family of a covered
employee regarding matters of public concern; or
(3) information that the covered employee or the employer
of the covered employee voluntarily publishes on the internet
after the date of the enactment of this Act.
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