Border enforcement accountability and transparency

(a) Definitions In this section: (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 immigration 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 agent or officer of U.S. Customs and Border Protection; or (B) 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 a 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. (b) Data collection by law enforcement officials enforcing United States laws and regulations and making border security stops (1) 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— (A) the date, time, and location of the contact; (B) the identifying characteristics of such individual, including the individual’s perceived race, gender, ethnicity, and approximate age; (C) a description of any items seized during such search, including contraband or money, and a specification of the type of search conducted; (D) whether any arrest, detention, warning, or citation resulted from such contact; (E) the immigration status of the individual, only if obtained during the ordinary course of the contact without additional questioning in accordance with this section; (F) if the contact involved an individual whose primary language of communication is not English, the means of communication used; (G) whether a body-worn camera or any other video or audio recording exists that recorded the stop or detention; and (H) if the contact was initiated by a State or local law enforcement agency of a State, whether such agency was acting 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. (2) Requirement for U.S. Customs and Border Protection data collection regarding checkpoints The Commissioner of U.S. Customs and Border Protection shall collect data regarding— (A) the number of permanent and temporary checkpoints utilized by agents and officers of U.S. Customs and Border Protection; (B) the location of each such checkpoint; (C) the dates on which a temporary checkpoint was used; and (D) 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. (3) 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 paragraphs (1) and (2) that— (A) specify all data to be reported; and (B) provide standards, definitions, and technical specifications to ensure uniform reporting. (4) Compilation of data (A) Department of Homeland Security law enforcement officials The Secretary of Homeland Security shall— (i) compile the data recorded pursuant to paragraph (1) by agents and officers of U.S. Customs and Border Protection and the data collected pursuant to paragraph (2) by the Commissioner of U.S. Customs and Border Protection; and (ii) determine— (I) whether any complaint was made by the individual subject to the contact under paragraph (1); and (II) which oversight component within or outside of the Department of Homeland Security investigated the complaint. (B) Other law enforcement officials The head of each agency, department, or other entity that employs law enforcement officials other than agents and officers referred to in subparagraph (A) shall— (i) compile the data collected by such law enforcement officials pursuant to paragraph (1); and (ii) submit the compiled data to the Secretary of Homeland Security. (5) Use of data The Secretary of Homeland Security shall consider the data compiled pursuant to paragraph (4) in making policy and program decisions. (6) Audit and report Not later than 1 year after the effective date of the regulations promulgated pursuant to paragraph (3), the Comptroller General of the United States shall— (A) conduct an audit of the data compiled under paragraph (4) to determine whether law enforcement officials are complying with the data collection requirements under paragraph (1); and (B) submit a report to Congress that contains a summary of the findings of such audit. (c) Annual report (1) Requirement Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall submit a report to Congress containing the data compiled pursuant to subsection (b)(4), including all such data for the previous year. (2) Availability Each report submitted pursuant to paragraph (1) shall be made available to the public, except for particular data if the Secretary of Homeland Security— (A) explicitly invokes an exemption contained in paragraphs (1) through (9) of section 552(b) of title 5, United States Code; and (B) provides a written explanation for the applicability of such exemption. (3) Privacy The Secretary may not report, for purposes of this section, unique personal identifying information of persons stopped, searched, or subjected to a property seizure. (4) Publication The data compiled pursuant to subsection (b)(4) shall be made available to the public to the extent the release of such data is permissible under Federal law.