II 

109TH CONGRESS 

1ST SESSION S. 2138 

To prohibit racial profiling. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 16, 2005 

Mr. FEINGOLD (for Mr. CORZINE, Mr. LAUTENBERG, Mr. KENNEDY, Mr. 

DURBIN, Mr. KERRY, Mrs. BOXER, Mr. DODD, Ms. CANTWELL, Ms. MIKULSKI, Mr. OBAMA, and Ms. STABENOW) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To prohibit racial profiling. 

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 2005’’ or ‘‘ERPA’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings, purposes, and intent. 

Sec. 3. Definitions. 

TITLE I—PROHIBITION OF RACIAL PROFILING 

Sec. 101. Prohibition. 

Sec. 102. Enforcement. 
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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. Administrative complaint procedure or independent auditor program 

required for grants. 

Sec. 303. Involvement of Attorney General. 

Sec. 304. Data collection demonstration project. 

Sec. 305. Best practices development grants. 

Sec. 306. Authorization of appropriations. 

TITLE IV—DATA COLLECTION 

Sec. 401. Attorney General to issue regulations. 

Sec. 402. Publication of data. 

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. 

1 SEC. 2. FINDINGS, PURPOSES, AND INTENT. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) Federal, State, and local law enforcement 

4 agents play a vital role in protecting the public from 

5 crime and protecting the Nation from terrorism. The 

6 vast majority of law enforcement agents nationwide 

7 discharge their duties professionally and without 

8 bias. 

9 (2) The use by police officers of race, ethnicity, 

10 national origin, or religion in deciding which persons 
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1 should be subject to traffic stops, stops and frisks, 

2 questioning, searches, and seizures is improper. 

3 (3) In his address to a joint session of Congress 

4 on February 27, 2001, President George W. Bush 

5 declared that ‘‘racial profiling is wrong and we will 

6 end it in America.’’. He directed the Attorney Gen7 eral to implement this policy. 

8 (4) In June 2003, the Department of Justice 

9 issued a Policy Guidance regarding racial profiling 

10 by Federal law enforcement agencies which stated: 

11 ‘‘Racial profiling in law enforcement is not merely 

12 wrong, but also ineffective. Race-based assumptions 

13 in law enforcement perpetuate negative racial stereo14 types that are harmful to our rich and diverse de15 mocracy, and materially impair our efforts to main16 tain a fair and just society.’’. 

17 (5) The Department of Justice Guidance is a 

18 useful first step, but does not achieve the President’s 

19 stated goal of ending racial profiling in America, 

20 as— 

21 (A) it does not apply to State and local law 

22 enforcement agencies; 

23 (B) it does not contain a meaningful en24 forcement mechanism; 

25 (C) it does not require data collection; and 
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1 (D) it contains an overbroad exception for 

2 immigration and national security matters. 

3 (6) Current efforts by State and local govern4 ments to eradicate racial profiling and redress the 

5 harms it causes, while also laudable, have been lim6 ited in scope and insufficient to address this national 

7 problem. Therefore, Federal legislation is needed. 

8 (7) Statistical evidence from across the country 

9 demonstrates that racial profiling is a real and 

10 measurable phenomenon. 

11 (8) As of November 15, 2000, the Department 

12 of Justice had 14 publicly noticed, ongoing, pattern 

13 or practice investigations involving allegations of ra14 cial profiling and had filed 5 pattern or practice law15 suits involving allegations of racial profiling, with 4 

16 of those cases resolved through consent decrees. 

17 (9) A large majority of individuals subjected to 

18 stops and other enforcement activities based on race, 

19 ethnicity, national origin, or religion are found to be 

20 law abiding and therefore racial profiling is not an 

21 effective means to uncover criminal activity. 

22 (10) A 2001 Department of Justice report on 

23 citizen-police contacts that occurred in 1999, found 

24 that, although Blacks and Hispanics were more like25 ly to be stopped and searched, they were less likely 
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1 to be in possession of contraband. On average, 

2 searches and seizures of Black drivers yielded evi3 dence only 8 percent of the time, searches and sei4 zures of Hispanic drivers yielded evidence only 10 

5 percent of the time, and searches and seizures of 

6 White drivers yielded evidence 17 percent of the 

7 time. 

8 (11) A 2000 General Accounting Office report 

9 on the activities of the United States Customs Serv10 ice during fiscal year 1998 found that— 

11 (A) Black women who were United States 

12 citizens were 9 times more likely than White 

13 women who were United States citizens to be x14 rayed after being frisked or patted down; 

15 (B) Black women who were United States 

16 citizens were less than half as likely as White 

17 women who were United States citizens to be 

18 found carrying contraband; and 

19 (C) in general, the patterns used to select 

20 passengers for more intrusive searches resulted 

21 in women and minorities being selected at rates 

22 that were not consistent with the rates of find23 ing contraband. 

24 (12) A 2005 report of the Bureau of Justice 

25 Statistics of the Department of Justice on citizen- 
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1 police contacts that occurred in 2002, found that, al2 though Whites, Blacks, and Hispanics were stopped 

3 by the police at the same rate— 

4 (A) Blacks and Hispanics were much more 

5 likely to be arrested than Whites; 

6 (B) Hispanics were much more likely to be 

7 ticketed than Blacks or Whites; 

8 (C) Blacks and Hispanics were much more 

9 likely to report the use or threatened use of 

10 force by a police officer; 

11 (D) Blacks and Hispanics were much more 

12 likely to be handcuffed than Whites; and 

13 (E) Blacks and Hispanics were much more 

14 likely to have their vehicles searched than 

15 Whites. 

16 (13) In some jurisdictions, local law enforce17 ment practices, such as ticket and arrest quotas and 

18 similar management practices, may have the unin19 tended effect of encouraging law enforcement agents 

20 to engage in racial profiling. 

21 (14) Racial profiling harms individuals sub22 jected to it because they experience fear, anxiety, hu23 miliation, anger, resentment, and cynicism when 

24 they are unjustifiably treated as criminal suspects. 

25 By discouraging individuals from traveling freely, ra-
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1 cial profiling impairs both interstate and intrastate 

2 commerce. 

3 (15) Racial profiling damages law enforcement 

4 and the criminal justice system as a whole by under5 mining public confidence and trust in the police, the 

6 courts, and the criminal law. 

7 (16) In the wake of the September 11, 2001, 

8 terrorist attacks, many Arabs, Muslims, Central and 

9 South Asians, and Sikhs, as well as other immi10 grants and Americans of foreign descent, were treat11 ed with generalized suspicion and subjected to 

12 searches and seizures based upon religion and na13 tional origin, without trustworthy information link14 ing specific individuals to criminal conduct. Such 

15 profiling has failed to produce tangible benefits, yet 

16 has created a fear and mistrust of law enforcement 

17 agencies in these communities. 

18 (17) Racial profiling violates the equal protec19 tion clause of the fourteenth amendment to the Con20 stitution of the United States. Using race, ethnicity, 

21 religion, or national origin as a proxy for criminal 

22 suspicion violates the constitutional requirement that 

23 police and other government officials accord to all 

24 citizens the equal protection of the law. Batson v. 
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1 Kentucky, 476 U.S. 79 (1986); Palmore v. Sidoti, 

2 466 U.S. 429 (1984). 

3 (18) Racial profiling is not adequately ad4 dressed through suppression motions in criminal 

5 cases for 2 reasons. First, the Supreme Court held, 

6 in Whren v. United States, 517 U.S. 806 (1996), 

7 that the racially discriminatory motive of a police of8 ficer in making an otherwise valid traffic stop does 

9 not warrant the suppression of evidence under the 

10 fourth amendment to the Constitution of the United 

11 States. Second, since most stops do not result in the 

12 discovery of contraband, there is no criminal pros13 ecution and no evidence to suppress. 

14 (19) A comprehensive national solution is need15 ed to address racial profiling at the Federal, State, 

16 and local levels. Federal support is needed to combat 

17 racial profiling through specialized training of law 

18 enforcement agents, improved management systems, 

19 and the acquisition of technology such as in-car 

20 video cameras. 

21 (b) PURPOSES.—The purposes of this Act are— 

22 (1) to enforce the constitutional right to equal 

23 protection of the laws, pursuant to the fifth amend24 ment and section 5 of the fourteenth amendment to 

25 the Constitution of the United States; 
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1 (2) to enforce the constitutional right to protec2 tion against unreasonable searches and seizures, 

3 pursuant to the fourteenth amendment to the Con4 stitution of the United States; 

5 (3) to enforce the constitutional right to inter6 state travel, pursuant to section 2 of article IV of 

7 the Constitution of the United States; and 

8 (4) to regulate interstate commerce, pursuant 

9 to clause 3 of section 8 of article I of the Constitu10 tion of the United States. 

11 (c) INTENT.—This Act is not intended to and should 

12 not impede the ability of Federal, State, and local law en13 forcement to protect the country and its people from any 

14 threat, be it foreign or domestic. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

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

18 program’’ means any program or activity funded in 

19 whole or in part with funds made available under— 

20 (A) the Edward Byrne Memorial State and 

21 Local Law Enforcement Assistance Program 

22 (part E of title I of the Omnibus Crime Control 

23 and Safe Streets Act of 1968 (42 U.S.C. 3750 

24 et seq.)); 
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1 (B) the Edward Byrne Memorial Justice 

2 Assistance Grant Program, as described in ap3 propriations Acts; and 

4 (C) 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.), but not including any 

8 program, project, or other activity specified in 

9 section 1701(d)(8) of that Act (42 U.S.C. 

10 3796dd(d)(8)). 

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) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

16 has the same meaning as in section 103 of the Juve17 nile Justice and Delinquency Prevention Act of 1974 

18 (42 U.S.C. 5603)). 

19 (4) LAW ENFORCEMENT AGENCY.—The term 

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

21 State, local, or Indian tribal public agency engaged 

22 in the prevention, detection, or investigation of viola23 tions of criminal, immigration, or customs laws. 

24 (5) LAW ENFORCEMENT AGENT.—The term 

25 ‘‘law enforcement agent’’ means any Federal, State, 
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1 local, or Indian tribal official responsible for enforc2 ing criminal, immigration, or customs laws, includ3 ing police officers and other agents of a law enforce4 ment agency. 

5 (6) RACIAL PROFILING.—The term ‘‘racial 

6 profiling’’ means the practice of a law enforcement 

7 agent or agency relying, to any degree, on race, eth8 nicity, national origin, or religion in selecting which 

9 individual to subject to routine or spontaneous inves10 tigatory activities or in deciding upon the scope and 

11 substance of law enforcement activity following the 

12 initial investigatory procedure, except when there is 

13 trustworthy information, relevant to the locality and 

14 timeframe, that links a person of a particular race, 

15 ethnicity, national origin, or religion to an identified 

16 criminal incident or scheme. 

17 (7) ROUTINE OR SPONTANEOUS INVESTIGATORY

18 ACTIVITIES.—The term ‘‘routine or spontaneous in19 vestigatory activities’’ means the following activities 

20 by a law enforcement agent: 

21 (A) Interviews. 

22 (B) Traffic stops. 

23 (C) Pedestrian stops. 

24 (D) Frisks and other types of body 

25 searches. 
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1 (E) Consensual or nonconsensual searches 

2 of the persons or possessions (including vehi3 cles) of motorists or pedestrians. 

4 (F) Inspections and interviews of entrants 

5 into the United States that are more extensive 

6 than those customarily carried out. 

7 (G) Immigration related workplace inves8 tigations. 

9 (H) Such other types of law enforcement 

10 encounters compiled by the Federal Bureau of 

11 Investigation and the Justice Departments Bu12 reau of Justice Statistics. 

13 (8) REASONABLE REQUEST.—The term ‘‘rea14 sonable request’’ means all requests for information, 

15 except for those that— 

16 (A) are immaterial to the investigation; 

17 (B) would result in the unnecessary expo18 sure of personal information; or 

19 (C) would place a severe burden on the re20 sources of the law enforcement agency given its 

21 size. 

22 (9) UNIT OFLOCAL GOVERNMENT.—The term 

23 ‘‘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; 

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

14 (D) for the purposes of assistance eligi15 bility, any agency of the government of the Dis16 trict of Columbia or the Federal Government 

17 that performs law enforcement functions in and 

18 for— 

19 (i) the District of Columbia; or 

20 (ii) any Trust Territory of the United 

21 States. 
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1 TITLE I—PROHIBITION OF 

2 RACIAL PROFILING 

3 SEC. 101. PROHIBITION. 

4 No law enforcement agent or law enforcement agency 

5 shall engage in racial profiling. 

6 SEC. 102. ENFORCEMENT. 

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

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

9 action for declaratory or injunctive relief, filed either in 

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

11 of the United States. 

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

13 relief may be obtained against— 

14 (1) any governmental body that employed any 

15 law enforcement agent who engaged in racial 

16 profiling; 

17 (2) any agent of such body who engaged in ra18 cial profiling; and 

19 (3) any person with supervisory authority over 

20 such agent. 

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

22 spontaneous investigatory activities of law enforcement 

23 agents in a jurisdiction have had a disparate impact on 

24 racial, ethnic, or religious minorities shall constitute prima 

25 facie evidence of a violation of this title. 
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1 (d) ATTORNEY’S FEES.—In any action or proceeding 

2 to enforce this title against any governmental unit, the 

3 court may allow a prevailing plaintiff, other than the 

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

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

6 fee. 

7 TITLE II—PROGRAMS TO ELIMI8 NATE RACIAL PROFILING BY 

9 FEDERAL LAW ENFORCE10 MENT AGENCIES 

11 SEC. 201. POLICIES TO ELIMINATE RACIAL PROFILING. 

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

13 shall— 

14 (1) maintain adequate policies and procedures 

15 designed to eliminate racial profiling; and 

16 (2) cease existing practices that permit racial 

17 profiling. 

18 (b) POLICIES.—The policies and procedures de19 scribed in subsection (a)(1) shall include— 

20 (1) a prohibition on racial profiling; 

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

22 Federal law enforcement training; 

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

24 regulations issued by the Attorney General under 

25 section 401; 
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1 (4) procedures for receiving, investigating, and 

2 responding meaningfully to complaints alleging ra3 cial profiling by law enforcement agents; 

4 (5) policies requiring that appropriate action be 

5 taken when law enforcement agents are determined 

6 to have engaged in racial profiling; and 

7 (6) such other policies or procedures that the 

8 Attorney General deems necessary to eliminate racial 

9 profiling. 

10 TITLE III—PROGRAMS TO ELIMI11 NATE RACIAL PROFILING BY 

12 STATE, LOCAL, AND INDIAN 

13 TRIBAL LAW ENFORCEMENT 

14 AGENCIES 

15 SEC. 301. POLICIES REQUIRED FOR GRANTS. 

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

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

18 enforcement agency for funding under a covered program 

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

20 government, or law enforcement agency, and any law en21 forcement agency to which it will distribute funds— 

22 (1) maintains adequate policies and procedures 

23 designed to eliminate racial profiling; and 

24 (2) does not engage in any existing practices 

25 that permit racial profiling. 
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1 (b) POLICIES.—The policies and procedures de2 scribed in subsection (a)(1) shall include— 

3 (1) a prohibition on racial profiling; 

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

5 law enforcement training; 

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

7 regulations issued by the Attorney General under 

8 section 401; 

9 (4) procedures for receiving, investigating, and 

10 responding meaningfully to complaints alleging ra11 cial profiling by law enforcement agents, including 

12 procedures that allow a complaint to be made 

13 through any of the methods described in section 

14 302(b)(2); 

15 (5) mechanisms for providing information to 

16 the public relating to the administrative complaint 

17 procedure or independent auditor program estab18 lished under section 302; 

19 (6) policies requiring that appropriate action be 

20 taken when law enforcement agents are determined 

21 to have engaged in racial profiling; and 

22 (7) such other policies or procedures that the 

23 Attorney General deems necessary to eliminate racial 

24 profiling. 
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1 (c) EFFECTIVE DATE.—This section shall take effect 

2 12 months after the date of enactment of this Act. 

3 SEC. 302. ADMINISTRATIVE COMPLAINT PROCEDURE OR 

4 INDEPENDENT AUDITOR PROGRAM RE5 QUIRED FOR GRANTS. 

6 (a) ESTABLISHMENT OF ADMINISTRATIVE COM7 PLAINT PROCEDURE OR INDEPENDENT AUDITOR PRO8 GRAM.—An application by a State or unit of local govern9 ment for funding under a covered program shall include 

10 a certification that the applicant has established and is 

11 maintaining, for each law enforcement agency of the appli12 cant, either— 

13 (1) an administrative complaint procedure that 

14 meets the requirements of subsection (b); or 

15 (2) an independent auditor program that meets 

16 the requirements of subsection (c). 

17 (b) REQUIREMENTS FOR ADMINISTRATIVE COM18 PLAINT PROCEDURE.—To meet the requirements of this 

19 subsection, an administrative complaint procedure shall— 

20 (1) allow any person who believes there has 

21 been a violation of section 101 to file a complaint; 

22 (2) allow a complaint to be made— 

23 (A) in writing or orally; 

24 (B) in person or by mail, telephone, fac25 simile, or electronic mail; and 
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1 (C) anonymously or through a third party; 

2 (3) require that the complaint be investigated 

3 and heard by an independent review board that— 

4 (A) is located outside of any law enforce5 ment agency or the law office of the State or 

6 unit of local government; 

7 (B) includes, as at least a majority of its 

8 members, individuals who are not employees of 

9 the State or unit of local government; 

10 (C) does not include as a member any indi11 vidual who is then serving as a law enforcement 

12 agent; 

13 (D) possesses the power to request all rel14 evant information from a law enforcement 

15 agency; and 

16 (E) possesses staff and resources sufficient 

17 to perform the duties assigned to the inde18 pendent review board under this subsection; 

19 (4) provide that the law enforcement agency 

20 shall comply with all reasonable requests for infor21 mation in a timely manner; 

22 (5) require the review board to inform the At23 torney General when a law enforcement agency fails 

24 to comply with a request for information under this 

25 subsection; 
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1 (6) provide that a hearing be held, on the 

2 record, at the request of the complainant; 

3 (7) provide for an appropriate remedy, and 

4 publication of the results of the inquiry by the re5 view board, if the review board determines that a 

6 violation of section 101 has occurred; 

7 (8) provide that the review board shall dismiss 

8 the complaint and publish the results of the inquiry 

9 by the review board, if the review board determines 

10 that no violation has occurred; 

11 (9) provide that the review board shall make a 

12 final determination with respect to a complaint in a 

13 reasonably timely manner; 

14 (10) provide that a record of all complaints and 

15 proceedings be sent to the Civil Rights Division and 

16 the Bureau of Justice Statistics of the Department 

17 of Justice; 

18 (11) provide that no published information shall 

19 reveal the identity of the law enforcement officer, 

20 the complainant, or any other individual who is in21 volved in a detention; and 

22 (12) otherwise operate in a manner consistent 

23 with regulations promulgated by the Attorney Gen24 eral under section 303. 
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1 (c) REQUIREMENTS FOR INDEPENDENT AUDITOR

2 PROGRAM.—To meet the requirements of this subsection, 

3 an independent auditor program shall— 

4 (1) provide for the appointment of an inde5 pendent auditor who is not a sworn officer or em6 ployee of a law enforcement agency; 

7 (2) provide that the independent auditor be 

8 given staff and resources sufficient to perform the 

9 duties of the independent auditor program under 

10 this section; 

11 (3) provide that the independent auditor be 

12 given full access to all relevant documents and data 

13 of a law enforcement agency; 

14 (4) require the independent auditor to inform 

15 the Attorney General when a law enforcement agen16 cy fails to comply with a request for information 

17 under this subsection; 

18 (5) require the independent auditor to issue a 

19 public report each year that— 

20 (A) addresses the efforts of each law en21 forcement agency of the State or unit of local 

22 government to combat racial profiling; and 

23 (B) recommends any necessary changes to 

24 the policies and procedures of any law enforce25 ment agency; 
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1 (6) require that each law enforcement agency 

2 issue a public response to each report issued by the 

3 auditor under paragraph (5); 

4 (7) provide that the independent auditor, upon 

5 determining that a law enforcement agency is not in 

6 compliance with this Act, shall forward the public 

7 report directly to the Attorney General; 

8 (8) provide that the independent auditor shall 

9 engage in community outreach on racial profiling 

10 issues; and 

11 (9) otherwise operate in a manner consistent 

12 with regulations promulgated by the Attorney Gen13 eral under section 303. 

14 (d) LOCAL USE OF STATE COMPLAINT PROCEDURE

15 OR INDEPENDENT AUDITOR PROGRAM.— 

16 (1) IN GENERAL.—A State shall permit a unit 

17 of local government within its borders to use the ad18 ministrative complaint procedure or independent 

19 auditor program it establishes under this section. 

20 (2) EFFECT OF USE.—A unit of local govern21 ment shall be deemed to have established and main22 tained an administrative complaint procedure or 

23 independent auditor program for purposes of this 

24 section if the unit of local government uses the ad25 ministrative complaint procedure or independent 
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1 auditor program of either the State in which it is lo2 cated, or another unit of local government in the 

3 State in which it is located. 

4 (e) EFFECTIVE DATE.—This section shall go into ef5 fect 12 months after the date of enactment of this Act. 

6 SEC. 303. 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 and local law enforcement agencies and community, 

12 professional, research, and civil rights organizations, 

13 the Attorney General shall issue regulations for the 

14 operation of the administrative complaint procedures 

15 and independent auditor programs required under 

16 subsections (b) and (c) of section 302. 

17 (2) GUIDELINES.—The regulations issued 

18 under paragraph (1) shall contain guidelines that 

19 ensure the fairness, effectiveness, and independence 

20 of the administrative complaint procedures and inde21 pendent auditor programs. 

22 (b) NONCOMPLIANCE.—If the Attorney General de23 termines that the recipient of any covered grant is not in 

24 compliance with the requirements of section 301 or 302 

25 or the regulations issued under subsection (a), the Attor-
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1 ney General shall withhold, in whole or in part, funds for 

2 1 or more covered grants, until the grantee establishes 

3 compliance. 

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

5 provide notice and an opportunity for private parties to 

6 present evidence to the Attorney General that a grantee 

7 is not in compliance with the requirements of this title. 

8 SEC. 304. DATA COLLECTION DEMONSTRATION PROJECT. 

9 (a) IN GENERAL.—The Attorney General shall, 

10 through competitive grants or contracts, carry out a 2- 

11 year demonstration project for the purpose of developing 

12 and implementing data collection on hit rates for stops 

13 and searches. The data shall be disaggregated by race, 

14 ethnicity, national origin, and religion. 

15 (b) COMPETITIVE AWARDS.—The Attorney General 

16 shall provide not more than 5 grants or contracts to police 

17 departments that— 

18 (1) are not already collecting data voluntarily or 

19 otherwise; and 

20 (2) serve communities where there is a signifi21 cant concentration of racial or ethnic minorities. 

22 (c) REQUIRED ACTIVITIES.—Activities carried out 

23 under subsection (b) shall include— 

24 (1) developing a data collection tool; 
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1 (2) training of law enforcement personnel on 

2 data collection; 

3 (3) collecting data on hit rates for stops and 

4 searches; and 

5 (4) reporting the compiled data to the Attorney 

6 General. 

7 (d) EVALUATION.—Not later than 3 years after the 

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

9 enter into a contract with an institution of higher edu10 cation to analyze the data collected by each of the 5 sites 

11 funded under this section. 

12 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to carry out activities 

14 under this section— 

15 (1) $5,000,000, over a 2-year period for a dem16 onstration project on 5 sites; and 

17 (2) $500,000 to carry out the evaluation in sub18 section (d). 

19 SEC. 305. BEST PRACTICES DEVELOPMENT GRANTS. 

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

21 through the Bureau of Justice Assistance, may make 

22 grants to States, law enforcement agencies, and units of 

23 local government to develop and implement best practice 

24 devices and systems to eliminate racial profiling. 
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1 (b) USE OF FUNDS.—The funds provided under sub2 section (a) may be used for— 

3 (1) the development and implementation of 

4 training to prevent racial profiling and to encourage 

5 more respectful interaction with the public; 

6 (2) the acquisition and use of technology to fa7 cilitate the collection of data regarding routine inves8 tigatory activities sufficient to permit an analysis of 

9 these activities by race, ethnicity, national origin, 

10 and religion; 

11 (3) the analysis of data collected by law en12 forcement agencies to determine whether the data 

13 indicate the existence of racial profiling; 

14 (4) the acquisition and use of technology to 

15 verify the accuracy of data collection, including in16 car video cameras and portable computer systems; 

17 (5) the development and acquisition of early 

18 warning systems and other feedback systems that 

19 help identify officers or units of officers engaged in, 

20 or at risk of engaging in, racial profiling or other 

21 misconduct, including the technology to support such 

22 systems; 

23 (6) the establishment or improvement of sys24 tems and procedures for receiving, investigating, and 

25 responding meaningfully to complaints alleging ra-
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1 cial, ethnic, or religious bias by law enforcement 

2 agents; 

3 (7) the establishment or improvement of man4 agement systems to ensure that supervisors are held 

5 accountable for the conduct of their subordinates; 

6 and 

7 (8) the establishment and maintenance of an 

8 administrative complaint procedure or independent 

9 auditor program under section 302. 

10 (c) EQUITABLE DISTRIBUTION.—The Attorney Gen11 eral shall ensure that grants under this section are award12 ed in a manner that reserves an equitable share of funding 

13 for small and rural law enforcement agencies. 

14 (d) APPLICATION.—Each State, local law enforce15 ment agency, or unit of local government desiring a grant 

16 under this section shall submit an application to the Attor17 ney General at such time, in such manner, and accom18 panied by such information as the Attorney General may 

19 reasonably require. 

20 SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated such sums 

22 as are necessary to carry out this title. 
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1 TITLE IV—DATA COLLECTION 

2 SEC. 401. ATTORNEY GENERAL TO ISSUE REGULATIONS. 

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

4 the enactment of this Act, the Attorney General, in con5 sultation with stakeholders, including Federal, State, and 

6 local law enforcement agencies and community, profes7 sional, research, and civil rights organizations, shall issue 

8 regulations for the collection and compilation of data 

9 under sections 201 and 301. 

10 (b) REQUIREMENTS.—The regulations issued under 

11 subsection (a) shall— 

12 (1) provide for the collection of data on all rou13 tine or spontaneous investigatory activities; 

14 (2) provide that the data collected shall— 

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

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

17 law enforcement officer; 

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

19 the investigatory activities; and 

20 (C) include detail sufficient to permit an 

21 analysis of whether a law enforcement agency is 

22 engaging in racial profiling; 

23 (3) provide that a standardized form shall be 

24 made available to law enforcement agencies for the 
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1 submission of collected data to the Department of 

2 Justice; 

3 (4) provide that law enforcement agencies shall 

4 compile data on the standardized form created under 

5 paragraph (3), and submit the form to the Civil 

6 Rights Division and the Bureau of Justice Statistics 

7 of the Department of Justice; 

8 (5) provide that law enforcement agencies shall 

9 maintain all data collected under this Act for not 

10 less than 4 years; 

11 (6) include guidelines for setting comparative 

12 benchmarks, consistent with best practices, against 

13 which collected data shall be measured; and 

14 (7) provide that the Bureau of Justice Statis15 tics shall— 

16 (A) analyze the data for any statistically 

17 significant disparities, including— 

18 (i) disparities in the percentage of 

19 drivers or pedestrians stopped relative to 

20 the proportion of the population passing 

21 through the neighborhood; 

22 (ii) disparities in the percentage of 

23 false stops relative to the percentage of 

24 drivers or pedestrians stopped; and 
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1 (iii) disparities in the frequency of 

2 searches performed on minority drivers 

3 and the frequency of searches performed 

4 on non-minority drivers; and 

5 (B) not later than 3 years after the date 

6 of enactment of this Act, and annually there7 after, prepare a report regarding the findings of 

8 the analysis conducted under subparagraph (A) 

9 and provide the report to Congress and make 

10 the report available to the public, including on 

11 a website of the Department of Justice. 

12 SEC. 402. PUBLICATION OF DATA. 

13 The Bureau of Justice Statistics shall provide to Con14 gress and make available to the public, together with each 

15 annual report described in section 401, the data collected 

16 pursuant to this Act. 

17 SEC. 403. LIMITATIONS ON PUBLICATION OF DATA. 

18 The name or identifying information of a law enforce19 ment officer, complainant, or any other individual involved 

20 in any activity for which data is collected and compiled 

21 under this Act shall not be— 

22 (1) released to the public; 

23 (2) disclosed to any person, except for such dis24 closures as are necessary to comply with this Act; 
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1 (3) subject to disclosure under section 552 of 

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

3 Freedom of Information Act). 

4 TITLE V—DEPARTMENT OF JUS5 TICE REGULATIONS AND RE6 PORTS ON RACIAL 

7 PROFILING IN THE UNITED 

8 STATES 

9 SEC. 501. ATTORNEY GENERAL TO ISSUE REGULATIONS 

10 AND REPORTS. 

11 (a) REGULATIONS.—In addition to the regulations re12 quired under sections 303 and 401, the Attorney General 

13 shall issue such other regulations as the Attorney General 

14 determines are necessary to implement this Act. 

15 (b) REPORTS.— 

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

17 the date of enactment of this Act, and each year 

18 thereafter, the Attorney General shall submit to 

19 Congress a report on racial profiling by law enforce20 ment agencies. 

21 (2) SCOPE.—Each report submitted under 

22 paragraph (1) shall include— 

23 (A) a summary of data collected under sec24 tions 201(b)(3) and 301(b)(1)(C) and from any 
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1 other reliable source of information regarding 

2 racial profiling in the United States; 

3 (B) a discussion of the findings in the 

4 most recent report prepared by the Bureau of 

5 Justice Statistics under section 401(a)(8); 

6 (C) the status of the adoption and imple7 mentation of policies and procedures by Federal 

8 law enforcement agencies under section 201; 

9 (D) the status of the adoption and imple10 mentation of policies and procedures by State 

11 and local law enforcement agencies under sec12 tions 301 and 302; and 

13 (E) a description of any other policies and 

14 procedures that the Attorney General believes 

15 would facilitate the elimination of racial 

16 profiling. 

17 TITLE VI—MISCELLANEOUS 

18 PROVISIONS 

19 SEC. 601. SEVERABILITY. 

20 If any provision of this Act or the application of such 

21 provision to any person or circumstance is held to be un22 constitutional, the remainder of this Act and the applica23 tion of the provisions of this Act to any person or cir24 cumstance shall not be affected thereby. 
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1 SEC. 602. SAVINGS CLAUSE. 

2 Nothing in this Act shall be construed to limit legal 

3 or administrative remedies under section 1979 of the Re4 vised Statutes of the United States (42 U.S.C. 1983), sec5 tion 210401 of the Violent Crime Control and Law En6 forcement Act of 1994 (42 U.S.C. 14141), the Omnibus 

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

8 3701 et seq.), and title VI of the Civil Rights Act of 1964 

9 (42 U.S.C. 2000d et seq.). 

Æ