I 

113TH CONGRESS 

1ST SESSION H. R. 3560 

To mandate the basic educational, regulatory, and management actions 

necessary for the prevention of racial profiling practices by law enforcement. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 20, 2013 

Mr. HORSFORD (for himself, Mr. CONYERS, and Mr. THOMPSON of Mississippi) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on 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 mandate the basic educational, regulatory, and management actions necessary for the prevention of racial 

profiling practices by law enforcement. 

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 ‘‘Universal Racial Profiling Elimination Standards, and 

6 Procedures for Effective Constitutional Rights Training 

7 Act’’ or the ‘‘Universal RESPECT Act’’. 


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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. 

TITLE I—PROHIBITION OF RACIAL PROFILING AND REVIEW OF 

FEDERAL PRACTICES IN LAW ENFORCEMENT 

Sec. 101. Prohibition. 

Sec. 102. Review of Federal practices in law enforcement. 

TITLE II—LAW ENFORCEMENT EDUCATION REFORMS 

Sec. 201. The Federal Law Enforcement Training Center. 

Sec. 202. The Federal Law Enforcement Training Accreditation Board. 

Sec. 203. State law enforcement officer standards and training authorities. 

TITLE III—PROHIBITION ON RACIAL PROFILING 

Sec. 301. Recipients of Department of Homeland Security grants for law enforcement. 

TITLE IV—LAW ENFORCEMENT RACIAL PROFILING REVIEW, 

OVERSIGHT, AND REVIEW 

Sec. 401. Officer for civil rights and civil liberties. 

Sec. 402. Enforcement—civil rights compliance. 

TITLE V— DATA COLLECTION AND REPORTING 

Sec. 501. Data collection. 

Sec. 502. Reporting to Congress. 

TITLE VI—CONSTRUCTION, SEVERABILITY, AND EFFECTIVE 

DATE 

Sec. 601. Construction; severability. 

Sec. 602. Effective date. 

TITLE VII—DEFINITIONS 

Sec. 701. Definitions. 

3 TITLE I—PROHIBITION OF RA4 CIAL PROFILING AND REVIEW 

5 OF FEDERAL PRACTICES IN 

6 LAW ENFORCEMENT 

7 SEC. 101. PROHIBITION. 

8 No Federal law enforcement agent shall engage in ra9 cial profiling. 


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1 SEC. 102. REVIEW OF FEDERAL PRACTICES IN LAW EN2 FORCEMENT. 

3 (a) IN GENERAL.—Not later than 1 year after the 

4 date of enactment of this Act— 

5 (1) the Attorney General shall review all appli6 cable law enforcement policies and procedures to en7 sure that they are sufficient to eliminate the practice 

8 of racial profiling as defined in this Act, while per9 forming official law enforcement duties; and 

10 (2) the Secretary of Homeland Security shall 

11 ensure that no recipient of covered Federal law en12 forcement assistance, as defined in title VII of this 

13 Act, engages in racial profiling. 

14 (b) THE ADVISORY BOARD.—The Attorney General 

15 shall conduct the review in consultation with an Advisory 

16 Board comprised of stakeholders including representatives 

17 from Federal, State, and local law enforcement agencies, 

18 POST Commissions, law enforcement labor organizations, 

19 and professional, research, and civil rights and civil liberty 

20 organizations. 

21 (c) UPDATES PUBLISHED.—The Attorney General or 

22 Secretary of Homeland Security may publish in the Fed23 eral Register updates to covered programs in accordance 

24 with this Act. 


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1 TITLE II—LAW ENFORCEMENT 

2 EDUCATION REFORMS 

3 SEC. 201. THE FEDERAL LAW ENFORCEMENT TRAINING 

4 CENTER. 

5 Not later than 2 years after the enactment of this 

6 Act, the Secretary of Homeland Security, acting through 

7 the Officer for Civil Rights and Civil Liberties and the 

8 Director of the Federal Law Enforcement Training Cen9 ter, shall develop and incorporate any necessary changes 

10 to all training, curriculum, and professional certification 

11 classes provided by the Federal Law Enforcement Train12 ing Center to ensure consistency with the requirements of 

13 this Act. 

14 SEC. 202. THE FEDERAL LAW ENFORCEMENT TRAINING AC15 CREDITATION BOARD. 

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

17 enactment of this Act, the Secretary of Homeland Secu18 rity, acting through the Officer for Civil Rights and Civil 

19 Liberties and the Director of the Federal Law Enforce20 ment Training Center, and in consultation with the Fed21 eral Law Enforcement Training Accreditation Board and 

22 the Advisory Board, shall develop and incorporate any nec23 essary changes to all training, curriculum, and profes24 sional certification classes to ensure consistency with the 

25 requirements of this Act. 


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1 (b) MODEL PRACTICES.—The Secretary of Homeland 

2 Security, acting through the Director of the Federal Law 

3 Enforcement Training Center shall identify, develop, and 

4 update as necessary, model practices that prevent racial 

5 profiling practices. The Board shall widely disseminate to, 

6 and incorporate these practices into the law enforcement 

7 community through the Federal Law Enforcement Train8 ing Accreditation Model Practice Clearinghouse and other 

9 means. 

10 (c) ACCREDITATION.—The Federal Law Enforce11 ment Training Accreditation Board, in consultation with 

12 the Officer for Civil Rights and Civil Liberties, shall de13 velop a standard of review of anti-racial profiling compo14 nents of law enforcement training curricula. The Federal 

15 Law Enforcement Training Accreditation Board shall in16 corporate into the accreditation process a review that shall 

17 include at a minimum— 

18 (1) the sufficiency of the anti-racial profiling 

19 training curriculum; 

20 (2) procedures implemented by the applicant to 

21 identify racial profiling practices by the applicant, if 

22 any; 

23 (3) procedures implemented by the applicant to 

24 prevent racial profiling practices by the applicant, or 

25 its individual agents or officers; 


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1 (4) the sufficiency of the applicant’s remedial 

2 measures and disciplinary guidelines to prevent ra3 cial profiling practices; and 

4 (5) the capacity of the applicant to collect and 

5 maintain ‘‘civil rights data’’ as defined by title VII 

6 of this Act. 

7 (d) DENIAL.—The Board shall deny accreditation or 

8 reaccreditation to academies, programs, and instructors 

9 not meeting the Federal Law Enforcement Training Ac10 creditation Board’s standards prepared under subsection 

11 (c). 

12 SEC. 203. STATE LAW ENFORCEMENT OFFICER STANDARDS 

13 AND TRAINING AUTHORITIES. 

14 (a) IN GENERAL.—Not later than 2 years after the 

15 date of enactment of this Act, the Secretary of Homeland 

16 Security, acting through the Office for State and Local 

17 Government Coordination established under Section 361 

18 of the Homeland Security Act of 2002 (6 U.S.C. 361) and 

19 the Officer for Civil Rights and Civil Liberties shall review 

20 the Peace Officer Standards and Training or equivalent 

21 program of the States, as defined in title VII of this Act, 

22 to assess the anti-racial profiling education component of 

23 these curricula. The Secretary shall notify States of defi24 ciencies in the curriculum that do not meet the minimum 


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1 anti-racial profiling standards developed by the Federal 

2 Law Enforcement Training Accreditation Board. 

3 (b) ASSISTANCE.—The Secretary of Homeland Secu4 rity shall make available to the States assistance to de5 velop sufficient curriculum to meet minimum anti-racial 

6 profiling standards. 

7 TITLE III—PROHIBITION ON 

8 RACIAL PROFILING 

9 SEC. 301. RECIPIENTS OF DEPARTMENT OF HOMELAND SE10 CURITY GRANTS FOR LAW ENFORCEMENT. 

11 (a) IN GENERAL.—Section 603 of the Homeland Se12 curity Act of 2002 (6 U.S.C. 603) is amended by inserting 

13 after subsection (a) the following: 

14 ‘‘(b) State, local, and tribal government recipients of 

15 grants under sections 604 through 607 of this title shall 

16 certify that they do not engage in racial profiling.’’. 

17 (b) IN GENERAL.—The Secretary of Homeland Secu18 rity, acting through the Officer for Civil Rights and Civil 

19 Liberties and the Federal Law Enforcement Training 

20 Center, shall develop guidance, outreach, training, and 

21 programs that include civil rights and civil liberties train22 ing, in particular those designed to prevent racial 

23 profiling. 

24 (c) TRAINING.—Not later than one year after the 

25 date of enactment of this subtitle, the Secretary of HomeVerDate Mar 15 2010 02:22 Nov 26, 2013 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3560.IH H3560

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1 land Security, acting through Department officials, shall 

2 develop and distribute to State, local, and tribal authori3 ties, courses and materials that comply with the ‘‘Grant 

4 Programs Directorate Information Bulletin No. 373’’ or 

5 successor bulletin for integration into the curricula for re6 cruits and recurrent training for experienced law enforce7 ment officers. 

8 (d) GRANT PREAPPROVAL.—Beginning with grants 

9 provided for fiscal year 2014, grant guidance for grants 

10 under sections 604 through 607 of the Homeland Security 

11 Act of 2002 shall inform recipients that expenditures on 

12 any training, programs, presentations, and speakers that 

13 are acquired from an entity other than the Department, 

14 must be approved, in advance, by the Chief Privacy Officer 

15 and the Office for Civil Rights and Civil Liberties. 

16 (e) ASSISTANCE.—The Secretary of Homeland Secu17 rity shall make available to the States assistance to de18 velop sufficient curriculum to meet minimum anti-racial 

19 profiling standards. 


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1 TITLE IV—LAW ENFORCEMENT 

2 RACIAL PROFILING REVIEW, 

3 OVERSIGHT, AND REVIEW 

4 SEC. 401. OFFICER FOR CIVIL RIGHTS AND CIVIL LIB5 ERTIES. 

6 (a) IN GENERAL.—The Officer for Civil Rights and 

7 Civil Liberties of the Department of Homeland Security 

8 shall be granted primary jurisdiction over all matters re9 lating to the review, implementation, and oversight of the 

10 requirements of this Act. 

11 (b) INVESTIGATION OF COMPLAINTS.—Section 705 

12 of the Homeland Security Act of 2002 (6 U.S.C. 705) is 

13 amended— 

14 (1) in subsection (a), by striking paragraph (6) 

15 and inserting the following: 

16 ‘‘(6) investigate complaints and information in17 dicating possible abuses of civil rights or civil lib18 erties by employees and officials of the Department 

19 or that are related to Departmental activities unless 

20 the Inspector General of the Department determines 

21 that such a complaint or such information should be 

22 investigated by the Inspector General and, using the 

23 information gained by such investigations, make rec24 ommendations to the Secretary and directorates, of25 fices, and other components of the Department for 


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1 improvements in policy, supervision, training, and 

2 practice related to civil rights or civil liberties, or for 

3 the relevant office to review the matter and take ap4 propriate disciplinary or other action; and 

5 ‘‘(7) review and assess information alleging 

6 abuses of civil rights, civil liberties, and racial and 

7 ethnic profiling by law enforcement agencies receiv8 ing grants or assistance from the Department of 

9 Homeland Security.’’; 

10 (2) by redesignating subsection (b) as sub11 section (e); and 

12 (3) by inserting after subsection (a) the fol13 lowing: 

14 ‘‘(b) INVESTIGATION OF COMPLAINTS.—The head of 

15 each directorate, office, or component of the Department 

16 and the head of any other executive agency shall ensure 

17 that the directorate, office, or component provides the Of18 ficer for Civil Rights and Civil Liberties with speedy ac19 cess, and in no event later than 30 days after the date 

20 on which the directorate, office, or component receives a 

21 request from the Officer, to any information determined 

22 by the Officer to be relevant to the exercise of the duties 

23 and responsibilities under subsection (a) or to any inves24 tigation carried out under this section, whether by proVerDate Mar 15 2010 02:22 Nov 26, 2013 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3560.IH H3560

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1 viding relevant documents or access to facilities or per2 sonnel. 

3 ‘‘(c) SUBPOENAS.— 

4 ‘‘(1) IN GENERAL.—In carrying out the duties 

5 and responsibilities under subsection (a) or as part 

6 of an investigation carried out under this section, 

7 the Officer for Civil Rights and Civil Liberties may 

8 require by subpoena access to— 

9 ‘‘(A) any institution or entity outside of 

10 the Federal Government that is the subject of 

11 or related to an investigation under this section; 

12 and 

13 ‘‘(B) any individual, document, record, ma14 terial, file, report, memorandum, policy, proce15 dure, investigation, video or audio recording or 

16 other media, or quality assurance report relat17 ing to any institution or entity outside of the 

18 Federal Government that is the subject of or 

19 related to an investigation under this section. 

20 ‘‘(2) ISSUANCE AND SERVICE.—A subpoena 

21 issued under this subsection shall— 

22 ‘‘(A) bear the signature of the Officer for 

23 Civil Rights and Civil Liberties; and 


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1 ‘‘(B) be served by any person or class of 

2 persons designated by the Officer or an officer 

3 or employee designated for that purpose. 

4 ‘‘(3) ENFORCEMENT.—In the case of contu5 macy or failure to obey a subpoena issued under this 

6 subsection, the United States district court for the 

7 judicial district in which the institution, entity, or 

8 individual is located may issue an order requiring 

9 compliance. Any failure to obey the order of the 

10 court may be punished by the court as contempt of 

11 that court. 

12 ‘‘(4) USE OF INFORMATION.—Any material ob13 tained under a subpoena issued under this sub14 section— 

15 ‘‘(A) may not be used for any purpose 

16 other than a purpose set forth in subsection (a); 

17 ‘‘(B) may not be transmitted by or within 

18 the Department for any purpose other than a 

19 purpose set forth in subsection (a); and 

20 ‘‘(C) shall be redacted, obscured, or other21 wise altered if used in any publicly available 

22 manner to the extent necessary to prevent the 

23 disclosure of any personally identifiable infor24 mation.’’. 


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1 SEC. 402. ENFORCEMENT—CIVIL RIGHTS COMPLIANCE. 

2 (a) THE OFFICER FOR CIVIL RIGHTS AND CIVIL LIB3 ERTIES.—The Officer for Civil Rights and Civil Liberties 

4 may— 

5 (1) request the assistance of the Inspector Gen6 eral to investigate compliance with civil rights pro7 tection standards and complaints of racial profiling 

8 by law enforcement agencies in contravention of the 

9 requirements of this Act; 

10 (2) suspend the eligibility of State, local or trib11 al law enforcement agency to receive, or revoke 

12 grants for violations of the requirements of this Act, 

13 until such time that the practices of the agency are 

14 brought into compliance with this Act; and 

15 (3) suspend the eligibility of State, local or trib16 al law enforcement agency to receive training at 

17 Federal law enforcement training facilities for viola18 tions of the requirements of this Act, until such time 

19 that the practices of the agency are brought into 

20 compliance with this Act. 

21 (b) REMEDY.—The United States, or an individual 

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

23 action for declaratory or injunctive relief, filed either in 

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

25 of the United States. 


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1 (c) 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 (d) 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 (e) 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. 

21 TITLE V— DATA COLLECTION 

22 AND REPORTING 

23 SEC. 501. DATA COLLECTION. 

24 (a) DATA COLLECTION BY LAW ENFORCEMENT EN25 TITIES.—Law enforcement entities receiving grants or 


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1 training from the Department of Homeland Security 

2 shall— 

3 (1) collect data on all routine or spontaneous 

4 investigatory activities; 

5 (2) provide that the data collected shall— 

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

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

8 law enforcement officer; 

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

10 such investigatory activities; 

11 (C) include detail sufficient to permit an 

12 analysis of whether a law enforcement agency is 

13 engaging in racial profiling; and 

14 (D) not include personally identifiable in15 formation; 

16 (3) utilize a standardized form, developed in co17 ordination with the Department of Justice, that 

18 shall be made available to law enforcement agencies 

19 for the submission of collected data; 

20 (4) compile data on the standardized form 

21 made available under paragraph (3), and submit the 

22 form to the Officer for Civil Rights and Civil Lib23 erties; 

24 (5) maintain all data collected under this Act 

25 for not less than 4 years; and 


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1 (6) protect the privacy of individuals whose 

2 data is collected by— 

3 (A) limiting the use and disclosure of the 

4 data collected under this Act to the purposes 

5 set forth in this Act; 

6 (B) except as otherwise provided in this 

7 Act, limiting access to the data collected under 

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

9 employees or agents who require such access in 

10 order to fulfill the purposes for the data set 

11 forth in this Act; 

12 (C) requiring contractors or other non-gov13 ernmental agents who are permitted access to 

14 the data collected under this Act to sign use 

15 agreements incorporating the use and disclosure 

16 restrictions set forth in subparagraph (A); and 

17 (D) requiring the maintenance of adequate 

18 security measures to prevent unauthorized ac19 cess to the data collected under this Act. 

20 (b) DATA COLLECTION BY THE OFFICER FOR CIVIL

21 RIGHTS AND CIVIL LIBERTIES.—The Officer for Civil 

22 Rights and Civil Liberties shall receive and maintain data 

23 from the States on— 

24 (1) the implementation of racial profiling edu25 cation curricula in State Peace Officer Standards 


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1 and Training or equivalent State-level program 

2 peace officer certification; 

3 (2) the adoption rate by State Peace Officer 

4 Standards and Training programs, of the Federal 

5 Law Enforcement Training Accreditation Board 

6 model practices on racial profiling; 

7 (3) the number of credible complaints of im8 proper racial profiling practices filed against State 

9 law enforcement entities, as collected under section 

10 301(c)(3); 

11 (4) the disposition of complaints of improper 

12 racial profiling practices filed against State law en13 forcement entities, as collected under section 

14 301(c)(3); 

15 (5) the disciplinary action by State law enforce16 ment entities against officers and agents adjudicated 

17 guilty of improper racial profiling practices, as col18 lected under section 301(c)(3); and 

19 (6) other relevant data submitted to other agen20 cies. 

21 SEC. 502. REPORTING TO CONGRESS. 

22 Section 345 of the Homeland Security Act of 2002 

23 (6 U.S.C. 345) is amended in subsection (b), by inserting 

24 the following: ‘‘The report shall include a section related 

25 to the enforcement of the Universal RESPECT Act.’’. 


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1 TITLE VI—CONSTRUCTION, SEV2 ERABILITY, AND EFFECTIVE 

3 DATE 

4 SEC. 601. CONSTRUCTION; SEVERABILITY. 

5 If any provision of this Act or any amendment made 

6 by this Act, or any application of such provision or amend7 ment to any person or circumstance, is held to be uncon8 stitutional, the remainder of the provisions of this Act and 

9 the amendments made by this Act and the application of 

10 the provision or amendment to any other person or cir11 cumstance shall not be affected. 

12 SEC. 602. EFFECTIVE DATE. 

13 This Act shall take effect 1 year after the date of 

14 enactment. 

15 TITLE VII—DEFINITIONS 

16 SEC. 701. DEFINITIONS. 

17 In this Act: 

18 (1) RACIAL PROFILING.—The term ‘‘racial 

19 profiling’’ means the practice of a law enforcement 

20 agent or agency relying, to any degree, on race, eth21 nicity, national origin, gender, or religion in select22 ing which individual to subject to routine or sponta23 neous investigatory activities or in deciding upon the 

24 scope and substance of law enforcement activity fol25 lowing the initial investigatory procedure, except 


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1 when there is trustworthy information, relevant to 

2 the locality and timeframe, that links a person of a 

3 particular race, ethnicity, national origin, gender, or 

4 religion to an identified criminal incident or scheme. 

5 (2) ROUTINE OR SPONTANEOUS INVESTIGATORY

6 ACTIVITIES.—The term ‘‘routine or spontaneous in7 vestigatory activities’’ means the following activities 

8 by a law enforcement agent: 

9 (A) Interviews. 

10 (B) Traffic stops. 

11 (C) Pedestrian stops. 

12 (D) Frisks and other types of body 

13 searches. 

14 (E) Consensual or nonconsensual searches 

15 of the persons, property, or possessions (includ16 ing vehicles) of individuals using any form of 

17 public or private transportation, including mo18 torists and pedestrians. 

19 (F) Data collection and analysis, assess20 ments, and predicated investigations. 

21 (G) Inspections and interviews of entrants 

22 into the United States that are more extensive 

23 than those customarily carried out. 

24 (H) Immigration-related workplace inves25 tigations. 


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1 (I) Such other types of law enforcement 

2 encounters about which statistical information 

3 is compiled for or by the Federal Bureau of In4 vestigation or the Department of Justice Bu5 reau of Justice Statistics. 

6 (3) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Department of Homeland Secu8 rity. 

9 (4) STATE.—The term ‘‘State’’ means each of 

10 the 50 States, the District of Columbia, the Com11 monwealth of Puerto Rico, and any other territory 

12 or possession of the United States. 

13 (5) FEDERAL LAW ENFORCEMENT ASSIST14 ANCE.—The term ‘‘Federal law enforcement assist15 ance’’ means grants, infrastructure development, en16 dowments, or training provided by the Federal Gov17 ernment to State, local, or Indian tribal law enforce18 ment entities, as determined by the Secretary. 

19 (6) LAW ENFORCEMENT ENTITY.—The term 

20 ‘‘law enforcement entity’’ means any Federal, State, 

21 local, or Indian tribal public agency or department 

22 engaged in the prevention, detection, or investigation 

23 of violations of criminal, immigration, or customs 

24 laws. 


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1 (7) LAW ENFORCEMENT AGENT.—The term 

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

3 local, or Indian tribal official responsible for enforc4 ing criminal, immigration, or customs laws, includ5 ing police officers and other agents of a law enforce6 ment agency. 

7 (8) COVERED PROGRAMS.—The term ‘‘covered 

8 programs’’ means any grant issued under sections 

9 604 through 607 of the Homeland Security Act of 

10 2002, or training at any Federal law enforcement 

11 training facility under the jurisdiction of the Depart12 ment of Homeland Security. 

13 (9) PEACE OFFICER STANDARDS AND TRAIN14 ING.—The term ‘‘State Peace Officer Standards and 

15 Training’’ or ‘‘POST’’ means all training or certifi16 cation required for licensure of State and local law 

17 enforcement officers within a State. The term shall 

18 be used synonymously with State programs of dif19 fering names. 

Æ 


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