(5) 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. 
(6) PRIMARY INSPECTION.—The term ‘‘primary 
inspection’’ means an initial inspection of a vehicle 
or individual at a checkpoint. 
(7) SECONDARY
INSPECTION.—The term ‘‘sec-
ondary inspection’’ means a further inspection of a 
vehicle or individual that is conducted following a 
primary inspection. 
(b) DATA COLLECTION BY LAW ENFORCEMENT OFFI-
CIALS
FOR BORDER SECURITY
AND IMMIGRATION EN-
FORCEMENT ACTIVITIES WITHIN THE BORDER ZONE.— 
(1) DATA COLLECTION REGARDING STOPS AND 
SEARCHES
AND
ACTIVITY
AT
INTERIOR
CHECK-
POINTS.—A law enforcement official who initiates a 
patrol stop or who detains any individual beyond a 
brief and limited inquiry, such as a primary inspec-
tion at a checkpoint, shall record the following: 
(A) The date, time, and location of the con-
tact. 
(B) The law enforcement official’s basis for, 
or circumstances surrounding, the contact, in-
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cluding if such individual’s perceived race or 
ethnicity contributed to the basis for, and cir-
cumstances surrounding, the contact. 
(C) The identifying characteristics of such 
individual, including the individual’s perceived 
race, gender, ethnicity, and approximate age. 
(D) The duration of the stop, detention, or 
search, whether consent was requested and ob-
tained for the contact, including any search. 
(E) A description of any articulable facts 
and behavior by the individual that justify initi-
ating the contact or probable cause to justify any 
search pursuant to such contact. 
(F) A description of any items seized dur-
ing such search, including contraband or money, 
and a specification of the type of search con-
ducted. 
(G) Whether any arrest, detention, warning, 
or citation resulted from such contact and the 
basis for such action. 
(H) The immigration status of the indi-
vidual, if obtained during the ordinary course of 
the contact without additional questioning in ac-
cordance with this section, and whether removal 
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proceedings were subsequently initiated against 
the individual. 
(I) If the contact involved an individual 
whose primary language of communication is 
not English, the means of communication used. 
(J) If the contact occurred at a location 
proximate to a place of worship or religious cere-
mony, school or education-related place or event, 
courthouse or other civic building providing serv-
ices 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. 
(K) If the contact occurred at a location de-
scribed in subparagraph (J), why that location 
was chosen and any supervisory approval that 
was sought to carry out the contact at the loca-
tion. 
(2) GAO AUDIT.—Not later than one year after 
the enactment of this Act, the Comptroller General of 
the United States shall conduct an audit of the data 
compiled under paragraph (1) to determine whether 
law enforcement officials are complying with data 
collection requirements and submit to Congress a re-
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port that contains a summary of the findings of such 
audit. 
(3) OPEN
GAO
RECOMMENDATIONS.—Not later 
than 180 days after the date of enactment of this Act, 
the Commissioner of U.S. Customs and Border Pro-
tection shall submit to the Committee on Homeland 
Security and the Committee on Homeland Security 
and Governmental Affairs of the Senate a plan to ad-
dress any open recommendations made by the Comp-
troller General on checkpoint performance and the 
impact of checkpoint operations on nearby commu-
nities. Within 180 days after the submission of the re-
port to the Committees, the Comptroller General shall 
issue a report to the committees evaluating the Com-
missioner’s plan to address the open recommenda-
tions. 
(c) ANNUAL REPORT.— 
(1) REQUIREMENT.—Not later than one year 
after the date of the enactment of this Act and annu-
ally thereafter, the Secretary of Homeland Security 
shall submit to Congress a report on the data com-
piled under subsection (b)(1), including all such data 
for the previous year. 
(2) AVAILABILITY.—Each report submitted under 
paragraph (1) shall be made available to the public, 
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except for particular data if the Secretary of Home-
land Security— 
(A) explicitly invokes an exemption con-
tained in paragraphs (1) through (9) of section 
552(b) of title 5, United States Code; and 
(B) provides a written explanation for the 
exemption’s applicability. 
(3) PRIVACY.—The Secretary of Homeland Secu-
rity may not report unique personal identifying in-
formation of persons stopped, searched, or subjected to 
a property seizure, for purposes of this section. 
(4) PUBLICATION.—The data compiled under 
subsection (b) shall be made available to the public to 
the extent the release of such data is permissible 
under Federal law. 
SEC. 305. AUDIT AND INSPECTIONS OF DETENTION FACILI-
TIES. 
(a) OIG AND GAO.—The Inspector General of the De-
partment of Homeland Security and the Comptroller Gen-
eral shall carry out regular audits and inspections, includ-
ing unannounced audits and inspections, of processes (in-
cluding recordkeeping) utilized by U.S. Customs and Bor-
der Protection to conduct intake and process individuals 
apprehended by U.S. Customs and Border Protection, as 
well as any facility operated by or for the Department of 
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Homeland Security used to detain or otherwise house indi-
viduals in custody of the Department of Homeland Secu-
rity. The Inspector General and Comptroller General shall, 
to the extent possible, share information and coordinate to 
ensure that Congress is provided timely audit and inspec-
tion information. 
(b) CONGRESSIONAL ACCESS.— 
(1) IN
GENERAL.—The Commissioner of U.S. 
Customs and Border Protection may not— 
(A) prevent a Member of Congress or an 
employee of the United States House of Rep-
resentatives or the United States Senate des-
ignated by such a Member for the purposes of 
this section from entering, for the purpose of con-
ducting oversight, any such facility: and 
(B) make any temporary modification at 
any such facility that in any way alters what is 
observed by a visiting member of Congress or 
such designated employee, compared to what 
would be observed in the absence of such modi-
fication. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed to require a Member of 
Congress to provide prior notice of the intent to enter 
such facility for the purpose of conducting oversight. 
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(3) REQUIREMENT.—With respect to individuals 
described in paragraph (1), the Department of Home-
land Security may require that a request be made at 
least 24 hours in advance of an intent to enter a fa-
cility. 
(c) PHOTOGRAPHS.—The Inspector General of the De-
partment of Homeland Security, Comptroller General, a 
Member of Congress, or an employee of the United States 
House of Representatives or United States Senate shall be 
authorized to take photographs or video or audio recordings 
of conditions in a facility but may not publish photographs 
or video or audio recordings with personally identifiable in-
formation without permission. 
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Union Calendar No. 122 
116TH CONGRESS 
1ST SESSION 
H. R. 2203 
[Report No. 116–163, Part I] 
A BILL 
To increase transparency, accountability, and com-
munity engagement within the Department of 
Homeland Security, provide independent over-
sight of border security activities, improve train-
ing for agents and officers of U.S. Customs and 
Border Protection and U.S. Immigration and 
Customs Enforcement, and for other purposes. 
JULY 19, 2019 
Reported from the Committee on Homeland Security 
with an amendment 
JULY 19, 2019 
The Committees on the Judiciary and Ways and Means 
discharged; committed to the Committee of the Whole 
House on the State of the Union and ordered to be 
printed 
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