I 

112TH CONGRESS 

1ST SESSION H. R. 3618 

To eliminate racial profiling by law enforcement, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 8, 2011 

Mr. CONYERS (for himself, Mr. ACKERMAN, Ms. BROWN of Florida, Mr. 

COHEN, Mr. CUMMINGS, Mr. DAVIS of Illinois, Mr. DINGELL, Mr. ELLISON, Mr. FALEOMAVAEGA, Mr. FARR, Mr. FILNER, Mr. FRANK of Massachusetts, Mr. GRIJALVA, Mr. GUTIERREZ, Mr. HONDA, Mr. JACKSON of 

Illinois, Mr. JOHNSON of Georgia, Mr. JOHNSON of Illinois, Ms. EDDIE

BERNICE JOHNSON of Texas, Ms. JACKSON LEE of Texas, Ms. LEE of 

California, Mr. LEWIS of Georgia, Ms. ZOE LOFGREN of California, Mrs. 

MCCARTHY of New York, Ms. MCCOLLUM, Mr. GEORGE MILLER of California, Ms. NORTON, Mr. PAYNE, Mr. PRICE of North Carolina, Mr. 

RANGEL, Ms. RICHARDSON, Mr. RICHMOND, Mr. ROTHMAN of New Jersey, Mr. RUSH, Mr. SCOTT of Virginia, Mr. SERRANO, Mr. TOWNS, and 

Mr. WATT) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To eliminate racial profiling by law enforcement, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘End Racial Profiling Act of 2011’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—PROHIBITION OF RACIAL PROFILING 

Sec. 101. Prohibition. 

Sec. 102. Enforcement. 

TITLE II—PROGRAMS TO ELIMINATE RACIAL PROFILING BY 

FEDERAL LAW ENFORCEMENT AGENCIES 

Sec. 201. Policies to eliminate racial profiling. 

TITLE III—PROGRAMS TO ELIMINATE RACIAL PROFILING BY 

STATE, LOCAL, AND INDIAN TRIBAL LAW ENFORCEMENT 

AGENCIES 

Sec. 301. Policies required for grants. 

Sec. 302. Involvement of Attorney General. 

Sec. 303. Data collection demonstration project. 

Sec. 304. Best practices development grants. 

TITLE IV—DATA COLLECTION 

Sec. 401. Attorney General to issue regulations. 

Sec. 402. Duties of the Bureau of Justice Statistics. 

Sec. 403. Limitations on publication of data. 

TITLE V—DEPARTMENT OF JUSTICE REGULATIONS AND 

REPORTS ON RACIAL PROFILING IN THE UNITED STATES 

Sec. 501. Attorney General to issue regulations and reports. 

TITLE VI—MISCELLANEOUS PROVISIONS 

Sec. 601. Severability. 

Sec. 602. Savings clause. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

5 (1) COVERED PROGRAM.—The term ‘‘covered 

6 program’’ means any program or activity funded in 

7 whole or in part with funds made available under— 

8 (A) the Edward Byrne Memorial Justice 

9 Assistance Grant Program under part E of title 


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1 I of the Omnibus Crime Control and Safe 

2 Streets Act of 1968 (42 U.S.C. 3750 et seq.); 

3 and 

4 (B) the ‘‘Cops on the Beat’’ program 

5 under part Q of title I of the Omnibus Crime 

6 Control and Safe Streets Act of 1968 (42 

7 U.S.C. 3796dd et seq.), except that no pro8 gram, project, or other activity specified in sec9 tion 1701(b)(13) of such part shall be a covered 

10 program under this paragraph. 

11 (2) GOVERNMENTAL BODY.—The term ‘‘govern12 mental body’’ means any department, agency, special 

13 purpose district, or other instrumentality of Federal, 

14 State, local, or Indian tribal government. 

15 (3) HIT RATE.—The term ‘‘hit rate’’ means the 

16 percentage of stops and searches in which a law en17 forcement officer finds drugs, a gun, or something 

18 else that leads to an arrest. The hit rate is cal19 culated by dividing the total number of searches by 

20 the number of searches that yield contraband. The 

21 hit rate is complementary to the rate of false stops. 

22 (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

23 has the meaning given the term in section 102 of the 

24 Federally Recognized Indian Tribe List Act of 1994 

25 (25 U.S.C. 479a)). 


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1 (5) LAW ENFORCEMENT AGENCY.—The term 

2 ‘‘law enforcement agency’’ means any Federal, 

3 State, local, or Indian tribal public agency engaged 

4 in the prevention, detection, or investigation of viola5 tions of criminal, immigration, or customs laws. 

6 (6) LAW ENFORCEMENT AGENT.—The term 

7 ‘‘law enforcement agent’’ means any Federal, State, 

8 local, or Indian tribal official responsible for enforc9 ing criminal, immigration, or customs laws, includ10 ing police officers and other agents of a law enforce11 ment agency. 

12 (7) RACIAL PROFILING.— 

13 (A) DEFINITION.—The term ‘‘racial 

14 profiling’’ means the practice of a law enforce15 ment agent or agency relying, to any degree, on 

16 race, ethnicity, national origin, gender, or reli17 gion— 

18 (i) in selecting which individual to 

19 subject to routine or spontaneous inves20 tigatory activities; or 

21 (ii) in deciding upon the scope and 

22 substance of law enforcement activity fol23 lowing the initial investigatory activity. 

24 (B) EXCEPTION.—The term ‘‘racial 

25 profiling’’ does not include a practice of a law 


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1 enforcement agent or agency that relies on race, 

2 ethnicity, national origin, gender, or religion 

3 when there is trustworthy information, relevant 

4 to the locality and timeframe, that links a per5 son of a particular race, ethnicity, national ori6 gin, gender, or religion to an identified criminal 

7 incident or scheme. 

8 (8) ROUTINE OR SPONTANEOUS INVESTIGATORY

9 ACTIVITIES.—The term ‘‘routine or spontaneous in10 vestigatory activities’’ means the following activities 

11 by a law enforcement agent: 

12 (A) Interviews. 

13 (B) Traffic stops. 

14 (C) Pedestrian stops. 

15 (D) Frisks and other types of body 

16 searches. 

17 (E) Consensual or nonconsensual searches 

18 of the persons, property, or possessions (includ19 ing vehicles) of individuals using any form of 

20 public or private transportation, including mo21 torists and pedestrians. 

22 (F) Data collection and analysis, assess23 ments, and predicated investigations. 


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1 (G) Inspections and interviews of entrants 

2 into the United States that are more extensive 

3 than those customarily carried out. 

4 (H) Immigration-related workplace inves5 tigations. 

6 (I) Such other types of law enforcement 

7 encounters about which statistical information 

8 is compiled for or by the Federal Bureau of In9 vestigation or the Department of Justice Bu10 reau of Justice Statistics. 

11 (9) REASONABLE REQUEST.—The term ‘‘rea12 sonable request’’ means all requests for information, 

13 except for those that— 

14 (A) are immaterial to the investigation; 

15 (B) would result in the unnecessary disclo16 sure of personal information; or 

17 (C) would place a severe burden on the re18 sources of the law enforcement agency given its 

19 size. 

20 (10) STATE.—The term ‘‘State’’ means each of 

21 the 50 States, the District of Columbia, the Com22 monwealth of Puerto Rico, and any other territory 

23 or possession of the United States. 

24 (11) UNIT OF LOCAL GOVERNMENT.—The term 

25 ‘‘unit of local government’’ means— 


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1 (A) any city, county, township, town, bor2 ough, parish, village, or other general purpose 

3 political subdivision of a State; 

4 (B) any law enforcement district or judicial 

5 enforcement district that— 

6 (i) is established under applicable 

7 State law; and 

8 (ii) has the authority to, in a manner 

9 independent of other State entities, estab10 lish a budget and impose taxes; or 

11 (C) any Indian tribe that performs law en12 forcement functions, as determined by the Sec13 retary of the Interior. 

14 TITLE I—PROHIBITION OF 

15 RACIAL PROFILING 

16 SEC. 101. PROHIBITION. 

17 No law enforcement agent or law enforcement agency 

18 shall engage in racial profiling. 

19 SEC. 102. ENFORCEMENT. 

20 (a) REMEDY.—The United States, or an individual 

21 injured by racial profiling, may enforce this title in a civil 

22 action for declaratory or injunctive relief, filed either in 

23 a State court of general jurisdiction or in a district court 

24 of the United States. 


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1 (b) PARTIES.—In any action brought under this title, 

2 relief may be obtained against— 

3 (1) any governmental body that employed any 

4 law enforcement agent who engaged in racial 

5 profiling; 

6 (2) any agent of such body who engaged in ra7 cial profiling; and 

8 (3) any person with supervisory authority over 

9 such agent. 

10 (c) NATURE OF PROOF.—Proof that the routine or 

11 spontaneous investigatory activities of law enforcement 

12 agents in a jurisdiction have had a disparate impact on 

13 racial, ethnic, or religious minorities shall constitute prima 

14 facie evidence of a violation of this title. 

15 (d) ATTORNEY’S FEES.—In any action or proceeding 

16 to enforce this title against any governmental body, the 

17 court may allow a prevailing plaintiff, other than the 

18 United States, reasonable attorney’s fees as part of the 

19 costs, and may include expert fees as part of the attorney’s 

20 fee. 


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1 TITLE II—PROGRAMS TO ELIMI2 NATE RACIAL PROFILING BY 

3 FEDERAL LAW ENFORCE4 MENT AGENCIES 

5 SEC. 201. POLICIES TO ELIMINATE RACIAL PROFILING. 

6 (a) IN GENERAL.—Federal law enforcement agencies 

7 shall— 

8 (1) maintain adequate policies and procedures 

9 designed to eliminate racial profiling; and 

10 (2) cease existing practices that permit racial 

11 profiling. 

12 (b) POLICIES.—The policies and procedures de13 scribed in subsection (a)(1) shall include— 

14 (1) a prohibition on racial profiling; 

15 (2) training on racial profiling issues as part of 

16 Federal law enforcement training; 

17 (3) the collection of data in accordance with the 

18 regulations issued by the Attorney General under 

19 section 401; 

20 (4) procedures for receiving, investigating, and 

21 responding meaningfully to complaints alleging ra22 cial profiling by law enforcement agents; and 

23 (5) any other policies and procedures the Attor24 ney General determines to be necessary to eliminate 

25 racial profiling by Federal law enforcement agencies. 


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1 TITLE III—PROGRAMS TO ELIMI2 NATE RACIAL PROFILING BY 

3 STATE, LOCAL, AND INDIAN 

4 TRIBAL LAW ENFORCEMENT 

5 AGENCIES 

6 SEC. 301. POLICIES REQUIRED FOR GRANTS. 

7 (a) IN GENERAL.—An application by a State, a unit 

8 of local government, or a State, local, or Indian tribal law 

9 enforcement agency for funding under a covered program 

10 shall include a certification that such State, unit of local 

11 government, or law enforcement agency, and any law en12 forcement agency to which it will distribute funds— 

13 (1) maintains adequate policies and procedures 

14 designed to eliminate racial profiling; and 

15 (2) has eliminated any existing practices that 

16 permit or encourage racial profiling. 

17 (b) POLICIES.—The policies and procedures de18 scribed in subsection (a)(1) shall include— 

19 (1) a prohibition on racial profiling; 

20 (2) training on racial profiling issues as part of 

21 law enforcement training; 

22 (3) the collection of data in accordance with the 

23 regulations issued by the Attorney General under 

24 section 401; and 


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1 (4) participation in an administrative complaint 

2 procedure or independent audit program that meets 

3 the requirements of section 302. 

4 (c) EFFECTIVE DATE.—This section shall take effect 

5 12 months after the date of enactment of this Act. 

6 SEC. 302. INVOLVEMENT OF ATTORNEY GENERAL. 

7 (a) REGULATIONS.— 

8 (1) IN GENERAL.—Not later than 6 months 

9 after the date of enactment of this Act and in con10 sultation with stakeholders, including Federal, State, 

11 tribal, and local law enforcement agencies and com12 munity, professional, research, and civil rights orga13 nizations, the Attorney General shall issue regula14 tions for the operation of administrative complaint 

15 procedures and independent audit programs to en16 sure that such procedures and programs provide an 

17 appropriate response to allegations of racial profiling 

18 by law enforcement agents or agencies. 

19 (2) GUIDELINES.—The regulations issued 

20 under paragraph (1) shall contain guidelines that 

21 ensure the fairness, effectiveness, and independence 

22 of the administrative complaint procedures and inde23 pendent auditor programs. 

24 (b) NONCOMPLIANCE.—If the Attorney General de25 termines that the recipient of a grant from any covered 


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1 program is not in compliance with the requirements of sec2 tion 301 or the regulations issued under subsection (a), 

3 the Attorney General shall withhold, in whole or in part 

4 (at the discretion of the Attorney General), funds for 1 

5 or more grants to the recipient under the covered pro6 gram, until the recipient establishes compliance. 

7 (c) PRIVATE PARTIES.—The Attorney General shall 

8 provide notice and an opportunity for private parties to 

9 present evidence to the Attorney General that a recipient 

10 of a grant from any covered program is not in compliance 

11 with the requirements of this title. 

12 SEC. 303. DATA COLLECTION DEMONSTRATION PROJECT. 

13 (a) COMPETITIVE AWARDS.— 

14 (1) IN GENERAL.—The Attorney General may, 

15 through competitive grants or contracts, carry out a 

16 2-year demonstration project for the purpose of de17 veloping and implementing data collection programs 

18 on the hit rates for stops and searches by law en19 forcement agencies. The data collected shall be 

20 disaggregated by race, ethnicity, national origin, 

21 gender, and religion. 

22 (2) NUMBER OF GRANTS.—The Attorney Gen23 eral shall provide not more than 5 grants or con24 tracts under this section. 


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1 (3) ELIGIBLE GRANTEES.—Grants or contracts 

2 under this section shall be awarded to law enforce3 ment agencies that serve communities where there is 

4 a significant concentration of racial or ethnic minori5 ties and that are not already collecting data volun6 tarily. 

7 (b) REQUIRED ACTIVITIES.—Activities carried out 

8 with a grant or contract under this section shall include— 

9 (1) developing a data collection tool, compiling 

10 data related to hit rates, and reporting the compiled 

11 data to the Attorney General; and 

12 (2) training of law enforcement personnel on 

13 data collection, particularly for data collection on hit 

14 rates for stops and searches. 

15 (c) EVALUATION.—Not later than 3 years after the 

16 date of enactment of this Act, the Attorney General shall 

17 enter into a contract with an institution of higher edu18 cation (as defined in section 101 of the Higher Education 

19 Act of 1965 (20 U.S.C. 1001)) to analyze the data col20 lected by each of the law enforcement agencies funded 

21 under this section. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to carry out activities 

24 under this section— 


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1 (1) $5,000,000, over a 2-year period, to carry 

2 out the demonstration program under subsection 

3 (a); and 

4 (2) $500,000 to carry out the evaluation under 

5 subsection (c). 

6 SEC. 304. BEST PRACTICES DEVELOPMENT GRANTS. 

7 (a) GRANT AUTHORIZATION.—The Attorney General, 

8 through the Bureau of Justice Assistance, may make 

9 grants to States, local law enforcement agencies, and units 

10 of local government to develop and implement best prac11 tice devices and systems to eliminate racial profiling. 

12 (b) USE OF FUNDS.—The funds provided under sub13 section (a) shall be used for programs that include the 

14 following purposes: 

15 (1) The development and implementation of 

16 training to prevent racial profiling and to encourage 

17 more respectful interaction with the public. 

18 (2) The acquisition and use of technology to fa19 cilitate the accurate collection and analysis of data 

20 related to racial profiling. 

21 (3) The development and acquisition of feed22 back systems and technologies that identify officers 

23 or units of officers engaged in, or at risk of engag24 ing in, racial profiling or other misconduct. 


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1 (4) The establishment and maintenance of an 

2 administrative complaint procedure or independent 

3 auditor program that meets the requirements of sec4 tion 302. 

5 (c) EQUITABLE DISTRIBUTION.—The Attorney Gen6 eral shall ensure that grants under this section are award7 ed in a manner that reserves an equitable share of funding 

8 for small and rural law enforcement agencies. 

9 (d) APPLICATION.—Each State, local law enforce10 ment agency, or unit of local government desiring a grant 

11 under this section shall submit an application to the Attor12 ney General at such time, in such manner, and accom13 panied by such information as the Attorney General may 

14 require. 

15 TITLE IV—DATA COLLECTION 

16 SEC. 401. ATTORNEY GENERAL TO ISSUE REGULATIONS. 

17 (a) REGULATIONS.—Not later than 6 months after 

18 the date of enactment of this Act, the Attorney General, 

19 in consultation with stakeholders, including Federal, 

20 State, and local law enforcement agencies and community, 

21 professional, research, and civil rights organizations, shall 

22 issue regulations for the collection and compilation of data 

23 under sections 201 and 301. 

24 (b) REQUIREMENTS.—The regulations issued under 

25 subsection (a) shall— 


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1 (1) provide for the collection of data on all rou2 tine or spontaneous investigatory activities; 

3 (2) provide that the data collected shall— 

4 (A) be collected by race, ethnicity, national 

5 origin, gender, and religion, as perceived by the 

6 law enforcement officer; 

7 (B) include the date, time, and location of 

8 such investigatory activities; 

9 (C) include detail sufficient to permit an 

10 analysis of whether a law enforcement agency is 

11 engaging in racial profiling; and 

12 (D) not include personally identifiable in13 formation described in section 403; 

14 (3) provide that a standardized form shall be 

15 made available to law enforcement agencies for the 

16 submission of collected data to the Department of 

17 Justice; 

18 (4) provide that law enforcement agencies shall 

19 compile data on the standardized form made avail20 able under paragraph (3), and submit the form to 

21 the Civil Rights Division and the Department of 

22 Justice Bureau of Justice Statistics; 

23 (5) provide that law enforcement agencies shall 

24 maintain all data collected under this Act for not 

25 less than 4 years; 


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1 (6) include guidelines for setting comparative 

2 benchmarks, consistent with best practices, against 

3 which collected data shall be measured; and 

4 (7) provide for the protection of the privacy of 

5 individuals whose data is collected by— 

6 (A) limiting the use and disclosure of the 

7 data collected under this Act to the purposes 

8 set forth in this Act; 

9 (B) except as otherwise provided in this 

10 Act, limiting access to the data collected under 

11 this Act to those Federal, State, local, or tribal 

12 employees or agents who require such access in 

13 order to fulfill the purposes for the data set 

14 forth in this Act; 

15 (C) requiring contractors or other non-gov16 ernmental agents who are permitted access to 

17 the data collected under this Act to sign use 

18 agreements incorporating the use and disclosure 

19 restrictions set forth in subparagraph (A); and 

20 (D) requiring the maintenance of adequate 

21 security measures to prevent unauthorized ac22 cess to the data collected under this Act. 

23 SEC. 402. DUTIES OF THE BUREAU OF JUSTICE STATISTICS. 

24 (a) ANALYSIS AND REPORTS.—The Department of 

25 Justice Bureau of Justice Statistics shall— 


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1 (1) analyze the data collected under sections 

2 201 and 301 for any statistically significant dispari3 ties, including— 

4 (A) disparities in the percentage of drivers 

5 or pedestrians stopped relative to the proportion 

6 of the population passing through the neighbor7 hood; 

8 (B) disparities in the hit rate; and 

9 (C) disparities in the frequency of searches 

10 performed on minority drivers and the fre11 quency of searches performed on non-minority 

12 drivers; and 

13 (2) not later than 3 years after the date of en14 actment of this Act, and annually thereafter— 

15 (A) prepare a report regarding the findings 

16 of the analysis conducted under paragraph (1); 

17 (B) provide such report to Congress and 

18 the Attorney General; and 

19 (C) make such report available to the pub20 lic, including on a Web site of the Department 

21 of Justice. 

22 (b) PUBLICATION OF DATA.—The Department of 

23 Justice Bureau of Justice Statistics shall provide to Con24 gress and make available to the public, together with each 

25 annual report described in subsection (a)(2), the data colVerDate Mar 15 2010 21:43 Dec 16, 2011 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H3618.IH H3618

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1 lected pursuant to this Act, excluding any personally iden2 tifiable information described in section 403. 

3 SEC. 403. LIMITATIONS ON PUBLICATION OF DATA. 

4 The name or identifying information of a law enforce5 ment officer, complainant, or any other individual involved 

6 in any activity for which data is collected and compiled 

7 under this Act shall not be— 

8 (1) released to the public; 

9 (2) disclosed to any person, except for— 

10 (A) such disclosures as are necessary to 

11 comply with this Act; 

12 (B) disclosures of information regarding a 

13 particular person to that person; or 

14 (C) disclosures pursuant to litigation; or 

15 (3) subject to disclosure under section 552 of 

16 title 5, United States Code (commonly know as the 

17 Freedom of Information Act), except for disclosures 

18 of information regarding a particular person to that 

19 person. 


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1 TITLE V—DEPARTMENT OF JUS2 TICE REGULATIONS AND RE3 PORTS ON RACIAL 

4 PROFILING IN THE UNITED 

5 STATES 

6 SEC. 501. ATTORNEY GENERAL TO ISSUE REGULATIONS 

7 AND REPORTS. 

8 (a) REGULATIONS.—In addition to the regulations re9 quired under sections 302 and 401, the Attorney General 

10 shall issue such other regulations as the Attorney General 

11 determines are necessary to implement this Act. 

12 (b) REPORTS.— 

13 (1) IN GENERAL.—Not later than 2 years after 

14 the date of enactment of this Act, and annually 

15 thereafter, the Attorney General shall submit to 

16 Congress a report on racial profiling by law enforce17 ment agencies. 

18 (2) SCOPE.—Each report submitted under 

19 paragraph (1) shall include— 

20 (A) a summary of data collected under sec21 tions 201(b)(3) and 301(b)(3) and from any 

22 other reliable source of information regarding 

23 racial profiling in the United States; 

24 (B) a discussion of the findings in the 

25 most recent report prepared by the Department 


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1 of Justice Bureau of Justice Statistics under 

2 section 401(b)(7); 

3 (C) the status of the adoption and imple4 mentation of policies and procedures by Federal 

5 law enforcement agencies under section 201 

6 and by the State and local law enforcement 

7 agencies under sections 301 and 302; and 

8 (D) a description of any other policies and 

9 procedures that the Attorney General believes 

10 would facilitate the elimination of racial 

11 profiling. 

12 TITLE VI—MISCELLANEOUS 

13 PROVISIONS 

14 SEC. 601. SEVERABILITY. 

15 If any provision of this Act, or the application of such 

16 a provision to any person or circumstance, is held to be 

17 unconstitutional, the remainder of this Act and the appli18 cation of the remaining provisions of this Act to any per19 son or circumstance shall not be affected thereby. 

20 SEC. 602. SAVINGS CLAUSE. 

21 Nothing in this Act shall be construed— 

22 (1) to limit legal or administrative remedies 

23 under section 1979 of the Revised Statutes of the 

24 United States (42 U.S.C. 1983), section 210401 of 

25 the Violent Crime Control and Law Enforcement 


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1 Act of 1994 (42 U.S.C. 14141), the Omnibus Crime 

2 Control and Safe Streets Act of 1968 (42 U.S.C. 

3 3701 et seq.), or title VI of the Civil Rights Act of 

4 1964 (42 U.S.C. 2000d et seq.); 

5 (2) to affect any Federal, State, or tribal law 

6 that applies to an Indian tribe because of the polit7 ical status of the tribe; or 

8 (3) to waive the sovereign immunity of an In9 dian tribe without the consent of the tribe. 

Æ 


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