Department of Homeland Security Accountability and Transparency Act or the DATA Act
This bill requires law enforcement officials (i.e., officers or agents of U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE), or certain state or local officials carrying out the functions of an immigration officer) who initiate a patrol stop or who detain any individual beyond a brief and limited inquiry, such as a primary inspection at a checkpoint, to record certain data, including (1) the date, time, location, and duration of the contact; (2) the basis for the contact and if it was race-related; (3) a description of any items seized during any search; (4) whether a body-worn camera recorded the stop or detention; and (5) whether force was used by the law enforcement official.
The bill also requires the CBP to collect data on the number of permanent and temporary checkpoints used by its officers, the location and a description of each checkpoint, and the dates on which a temporary checkpoint was used. The Department of Homeland Security must compile the data collected by ICE and the CBP and consider it in making policy and program decisions.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5991 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 5991
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 HOUSE OF REPRESENTATIVES
June 1, 2018
Mr. Crowley introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on Ways
and Means, and Homeland Security, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Border and Maritime Security.
Referred to the Subcommittee on Trade.
Referred to the Subcommittee on Immigration and Border Security.
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