,,ii #aaeth ,,congress #b;d ,session ,s4 #bhcb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #aj1 #bjah,mrs4 ,gillibrand 7for herself1 ,mr4 ,merkley1 ,ms4 ,warren1 and ,mr4 ,udall7 introduced the following bill2 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 regulations1 including at border security stops within ,united ,states borders1 and for other purposes4 #a4 ,short titles ,this ,act may be cited as the ,department of ,homeland ,security ,accountability and ,transparency ,act or the ,,data ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,border security ,the term border security means the prevention of unlawful entries into the ,united ,states1 including entries by individuals1 instruments of terrorism1 narcotics1 and other contraband4 7#b7 ,checkpoint ,the term checkpoint means a location-- 7,a7 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 regulations2 and 7,b7 that is not located at a port of entry along an international border of the ,united ,states4 7#c7 ,law enforcement official ,the term law enforcement official means-- 7,a7 an officer or agent of ,u4,s4 ,customs and ,border ,protection2 7,b7 an officer or agent of ,u4,s4 ,immigration and ,customs ,enforcement2 or 7,c7 an officer or employee of a ,state1 or a political subdivision of a ,state1 who is carrying out the functions of an immigration officer pursuant to-- 7i7 an agreement entered into under section #bhg7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;g772 7ii7 authorization under title ,,iv of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adja et seq472 or 7iii7 any other agreement with the ,department of ,homeland ,security1 including any ,federal grant program4 7#d7 ,patrol stop ,the term patrol stop means search1 seizure1 or interrogation of a motorist1 passenger1 or pedestrian initiated anywhere except as part of an inspection at a port of entry or a primary inspection at a checkpoint4 7#e7 ,primary inspection ,the term primary inspection means an initial inspection of a vehicle or individual at a checkpoint4 7#f7 ,secondary inspection ,the term secondary inspection means a further inspection of a vehicle or individual that is conducted following a primary inspection4 #c4 ,data collection by law enforcement officials enforcing ,united ,states laws and regulations and making border security stops 7a7 ,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 inquiry1 such as a primary inspection at a checkpoint1 shall record-- 7#a7 the date1 time1 and location of the contact2 7#b7 the law enforcement official's basis for1 or circumstances surrounding1 the contact1 including if such individual's perceived race or ethnicity contributed to the basis for1 and circumstances surrounding1 the contact2 7#c7 the identifying characteristics of such individual1 including the individual's perceived race1 gender1 ethnicity1 and approximate age2 7#d7 the duration of the stop1 detention1 or search1 whether consent was requested and obtained for the contact1 including any search2 7#e7 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 contact2 7#f7 a description of any items seized during such search1 including contraband or money1 and a specification of the type of search conducted2 7#g7 whether any arrest1 detention1 warning1 or citation resulted from such contact and the basis for such action2 7#h7 the immigration status of the individual1 if obtained during the ordinary course of the contact without additional questioning in accordance with this ,act1 and whether removal proceedings were subsequently initiated against the individual2 7#i7 whether a body-worn camera or any other video or audio recording exists that recorded the stop or detention2 7#aj7 whether force was used by the law enforcement official and1 if so1 the type of force1 justification for using force1 and whether the use of force resulted in injury or death2 7#aa7 whether any complaint was made by the individual subject to the contact1 and if so-- 7,a7 which oversight components within or outside of the ,department of ,homeland ,security investigated the complaint2 7,b7 how long the investigation lasted2 7,c7 a description of the methods of investigation used2 and 7,d7 the badge number of the law enforcement official involved in the complaint2 7#ab7 if the contact was initiated by a ,state or local law enforcement agency-- 7,a7 the reason for involvement of a ,federal law enforcement official2 7,b7 the duration of the contact prior to contact with any ,federal law enforcement official2 7,c7 the method by which a ,federal law enforcement official was informed of the stop2 and 7,d7 whether the individual was being held by ,state or local officials on ,state criminal charges at the time of such contact2 7#ac7 if the contact was initiated by a ,state or local law enforcement agency of a ,state1 whether such agency was acting pursuant to-- 7,a7 an agreement entered into under section #bhg7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;g772 7,b7 authorization under title ,,iv of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adja et seq472 or 7,c7 pursuant to any other agreement with the ,department of ,homeland ,security1 including any ,federal grant program2 7#ad7 if the contact involved an individual whose primary language of communication is not ,english1 the means of communication used2 7#ae7 if the contact occurred at a location proximate to a place of worship or religious ceremony1 school or education-related place or event1 courthouse or other civic building providing services accessible to the public1 hospital1 medical treatment1 or health care facility1 at a public demonstration1 or an attorney's office1 including a public defender or legal aid office2 and 7#af7 if the contact occurred at a location described in paragraph 7#ae71 why that location was chosen and any supervisory approval that was sought to carry out the contact at the location4 7b7 ,requirement for ,u4,s4 ,customs and ,border ,protection data collection regarding checkpoints ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall collect data on-- 7#a7 the number of permanent and temporary checkpoints utilized by officers of ,u4,s4 ,customs and ,border ,protection2 7#b7 the location of each such checkpoint2 7#c7 the dates on which a temporary checkpoint was used2 and 7#d7 a description of each such checkpoint1 including the presence of any other law enforcement agencies and the use of law enforcement resources1 such as canines and surveillance technologies1 including license plate readers4 7c7 ,rulemaking ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with stakeholders1 including research1 civil and human rights organizations1 shall promulgate regulations relating to the collection and reporting of data required under subsections 7a7 and 7b71 which shall-- 7#a7 specify all data to be reported2 and 7#b7 provide standards1 definitions1 and technical specifications to ensure uniform reporting4 7d7 ,compilation of data 7#a7 ,department of ,homeland ,security law enforcement officials ,the ,secretary of ,homeland ,security shall compile-- 7,a7 the data collected under subsection 7a7 by ,u4,s4 ,immigration and ,customs ,enforcement officers and ,u4,s4 ,customs and ,border ,protection officers2 7,b7 the data collected under subsection 7b7 by the ,commissioner of ,u4,s4 ,customs and ,border ,protection2 and 7,c7 an analysis for all incidents investigated by the ,department of ,homeland ,security's ,office of ,inspector ,general1 ,u4,s4 ,customs and ,border ,protection's ,office of ,professional ,responsibility1 or ,u4,s4 ,immigration and ,customs ,enforcement's ,office of ,professional ,responsibility to determine whether the data required to be collected under this ,act were properly recorded and1 if not1 the corrective measures that were or will be taken4 7#b7 ,other law enforcement officials ,the head of each agency1 department1 or other entity that employs law enforcement officials other than officers referred to in paragraph 7#a7 shall-- 7,a7 compile the data collected by such law enforcement officials pursuant to subsection 7a72 and 7,b7 submit the compiled data to the ,secretary of ,homeland ,security4 7e7 ,use of data ,the ,secretary of ,homeland ,security shall consider the data compiled under subsection 7d7 in making policy and program decisions4 7f7 ,audit and report ,not later than #a year after the effective date of the regulations promulgated under subsection 7c71 the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct an audit of the data compiled under subsection 7d7 to determine whether law enforcement officials are complying with the data collection requirements under subsection 7a72 and 7#b7 submit a report to ,congress that contains a summary of the findings of such audit4 #d4 ,annual report 7a7 ,requirement ,not later than #a year after the effective date of this ,act1 and annually thereafter1 the ,secretary of ,homeland ,security shall submit a report to ,congress on the data compiled under section #c7;d71 including all such data for the previous year4 7b7 ,availability ,each report submitted under subsection 7a7 shall be made available to the public1 except for particular data if the ,secretary-- 7#a7 explicitly invokes an exemption contained in paragraphs 7#a7 through 7#i7 of section #eeb7;b7 of title #e1 ,united ,states ,code2 and 7#b7 provides a written explanation for the exemption's applicability4 7c7 ,privacy ,the ,secretary may not report unique personal identifying information of persons stopped1 searched1 or subjected to a property seizure1 for purposes of this section4 7d7 ,publication ,the data compiled under section #c7;d7 shall be made available to the public to the extent the release of such data is permissible under ,federal law4