II 

116TH CONGRESS 

1ST SESSION S. 2355 

To eliminate racial, religious, and other discriminatory profiling by law 

enforcement, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2019 

Mr. CARDIN (for himself, Mr. BROWN, Ms. WARREN, Mrs. FEINSTEIN, Ms. 

HARRIS, Mr. BLUMENTHAL, Mr. MURPHY, Mr. COONS, Ms. HIRONO, Mr. 

DURBIN, Mr. MARKEY, Mr. VAN HOLLEN, Ms. STABENOW, Ms. KLOBUCHAR, Ms. SMITH, Mr. BOOKER, Mr. UDALL, Mr. MERKLEY, Mr. 

WYDEN, Mr. SANDERS, Ms. CANTWELL, Mrs. MURRAY, Ms. 

DUCKWORTH, Mr. KAINE, Mrs. GILLIBRAND, and Mr. MENENDEZ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To eliminate racial, religious, and other discriminatory 

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 and Religious Profiling Act of 2019’’ or 

6 ‘‘ERRPA’’. 


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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. 

Sec. 305. 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. 

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 (34 U.S.C. 10150 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 (34 

7 U.S.C. 10381 et seq.), except that no program, 

8 project, or other activity specified in section 

9 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. 5130). 


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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.—The term ‘‘racial 

13 profiling’’ means the practice of a law enforcement 

14 agent or agency relying, to any degree, on actual or 

15 perceived race, ethnicity, national origin, religion, 

16 gender, gender identity, or sexual orientation in se17 lecting which individual to subject to routine or 

18 spontaneous investigatory activities or in deciding 

19 upon the scope and substance of law enforcement ac20 tivity following the initial investigatory procedure, 

21 except when there is trustworthy information, rel22 evant to the locality and timeframe, that links a per23 son with a particular characteristic described in this 

24 paragraph to an identified criminal incident or 

25 scheme. 


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1 (8) ROUTINE OR SPONTANEOUS INVESTIGATORY

2 ACTIVITIES.—The term ‘‘routine or spontaneous in3 vestigatory activities’’ means the following activities 

4 by a law enforcement agent: 

5 (A) Interviews. 

6 (B) Traffic stops. 

7 (C) Pedestrian stops. 

8 (D) Frisks and other types of body 

9 searches. 

10 (E) Consensual or nonconsensual searches 

11 of the persons, property, or possessions (includ12 ing vehicles) of individuals using any form of 

13 public or private transportation, including mo14 torists and pedestrians. 

15 (F) Data collection and analysis, assess16 ments, and predicated investigations. 

17 (G) Inspections and interviews of entrants 

18 into the United States that are more extensive 

19 than those customarily carried out. 

20 (H) Immigration-related workplace inves21 tigations. 

22 (I) Such other types of law enforcement 

23 encounters compiled for or by the Federal Bu24 reau of Investigation or the Department of Jus25 tice Bureau of Justice Statistics. 


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1 (9) REASONABLE REQUEST.—The term ‘‘rea2 sonable request’’ means all requests for information, 

3 except for those that— 

4 (A) are immaterial to the investigation; 

5 (B) would result in the unnecessary disclo6 sure of personal information; or 

7 (C) would place a severe burden on the re8 sources of the law enforcement agency given its 

9 size. 

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

11 the 50 States, the District of Columbia, the Com12 monwealth of Puerto Rico, and any other territory 

13 or possession of the United States. 

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

15 ‘‘unit of local government’’ means— 

16 (A) any city, county, township, town, bor17 ough, parish, village, or other general purpose 

18 political subdivision of a State; 

19 (B) any law enforcement district or judicial 

20 enforcement district that— 

21 (i) is established under applicable 

22 State law; and 

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

24 independent of other State entities, estab25 lish a budget and impose taxes; or 


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1 (C) any Indian tribe that performs law en2 forcement functions, as determined by the Sec3 retary of the Interior. 

4 TITLE I—PROHIBITION OF 

5 RACIAL PROFILING 

6 SEC. 101. PROHIBITION. 

7 No law enforcement agent or law enforcement agency 

8 shall engage in racial profiling. 

9 SEC. 102. ENFORCEMENT. 

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

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

12 action for declaratory or injunctive relief, filed either in 

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

14 of the United States. 

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

16 relief may be obtained against— 

17 (1) any governmental body that employed any 

18 law enforcement agent who engaged in racial 

19 profiling; 

20 (2) any agent of such body who engaged in ra21 cial profiling; and 

22 (3) any person with supervisory authority over 

23 such agent. 

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

25 spontaneous investigatory activities of law enforcement 


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1 agents in a jurisdiction have had a disparate impact on 

2 individuals with a particular characteristic described in 

3 section 2(7) shall constitute prima facie evidence of a vio4 lation of this title. 

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

6 to enforce this title against any governmental body, the 

7 court may allow a prevailing plaintiff, other than the 

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

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

10 fee. 

11 TITLE II—PROGRAMS TO ELIMI12 NATE RACIAL PROFILING BY 

13 FEDERAL LAW ENFORCE14 MENT AGENCIES 

15 SEC. 201. POLICIES TO ELIMINATE RACIAL PROFILING. 

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

17 shall— 

18 (1) maintain adequate policies and procedures 

19 designed to eliminate racial profiling; and 

20 (2) cease existing practices that permit racial 

21 profiling. 

22 (b) POLICIES.—The policies and procedures de23 scribed in subsection (a)(1) shall include— 

24 (1) a prohibition on racial profiling; 


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

2 Federal law enforcement training; 

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

4 regulations issued by the Attorney General under 

5 section 401; 

6 (4) procedures for receiving, investigating, and 

7 responding meaningfully to complaints alleging ra8 cial profiling by law enforcement agents; and 

9 (5) any other policies and procedures the Attor10 ney General determines to be necessary to eliminate 

11 racial profiling by Federal law enforcement agencies. 

12 TITLE III—PROGRAMS TO ELIMI13 NATE RACIAL PROFILING BY 

14 STATE, LOCAL, AND INDIAN 

15 TRIBAL LAW ENFORCEMENT 

16 AGENCIES 

17 SEC. 301. POLICIES REQUIRED FOR GRANTS. 

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

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

20 enforcement agency for funding under a covered program 

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

22 government, or law enforcement agency, and any law en23 forcement agency to which it will distribute funds— 

24 (1) maintains adequate policies and procedures 

25 designed to eliminate racial profiling; and 


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1 (2) has eliminated any existing practices that 

2 permit or encourage racial profiling. 

3 (b) POLICIES.—The policies and procedures de4 scribed in subsection (a)(1) shall include— 

5 (1) a prohibition on racial profiling; 

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

7 law enforcement training; 

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

9 regulations issued by the Attorney General under 

10 section 401; and 

11 (4) participation in an administrative complaint 

12 procedure or independent audit program that meets 

13 the requirements of section 302. 

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

15 12 months after the date of enactment of this Act. 

16 SEC. 302. INVOLVEMENT OF ATTORNEY GENERAL. 

17 (a) REGULATIONS.— 

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

19 after the date of enactment of this Act and in con20 sultation with stakeholders, including Federal, State, 

21 tribal, and local law enforcement agencies and com22 munity, professional, research, and civil rights orga23 nizations, the Attorney General shall issue regula24 tions for the operation of administrative complaint 

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1 sure that such programs and procedures provide an 

2 appropriate response to allegations of racial profiling 

3 by law enforcement agents or agencies. 

4 (2) GUIDELINES.—The regulations issued 

5 under paragraph (1) shall contain guidelines that 

6 ensure the fairness, effectiveness, and independence 

7 of the administrative complaint procedures and inde8 pendent auditor programs. 

9 (b) NONCOMPLIANCE.—If the Attorney General de10 termines that the recipient of a grant from any covered 

11 program is not in compliance with the requirements of sec12 tion 301 or the regulations issued under subsection (a), 

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

14 (at the discretion of the Attorney General), funds for one 

15 or more grants to the recipient under the covered pro16 gram, until the recipient establishes compliance. 

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

18 provide notice and an opportunity for private parties to 

19 present evidence to the Attorney General that a recipient 

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

21 with the requirements of this title. 

22 SEC. 303. DATA COLLECTION DEMONSTRATION PROJECT. 

23 (a) COMPETITIVE AWARDS.— 

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

25 through competitive grants or contracts, carry out a 


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1 2-year demonstration project for the purpose of de2 veloping and implementing data collection programs 

3 on the hit rates for stops and searches by law en4 forcement agencies. The data collected shall be 

5 disaggregated by race, ethnicity, national origin, 

6 gender, and religion. 

7 (2) NUMBER OF GRANTS.—The Attorney Gen8 eral shall provide not more than 5 grants or con9 tracts under this section. 

10 (3) ELIGIBLE GRANTEES.—Grants or contracts 

11 under this section shall be awarded to law enforce12 ment agencies that serve communities where there is 

13 a significant concentration of racial or ethnic minori14 ties and that are not already collecting data volun15 tarily. 

16 (b) REQUIRED ACTIVITIES.—Activities carried out 

17 with a grant under this section shall include— 

18 (1) developing a data collection tool and report19 ing the compiled data to the Attorney General; and 

20 (2) training of law enforcement personnel on 

21 data collection, particularly for data collection on hit 

22 rates for stops and searches. 

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

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

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1 cation (as defined in section 101 of the Higher Education 

2 Act of 1965 (20 U.S.C. 1001)) to analyze the data col3 lected by each of the grantees funded under this section. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to carry out activities 

6 under this section— 

7 (1) $5,000,000, over a 2-year period, to carry 

8 out the demonstration program under subsection 

9 (a); and 

10 (2) $500,000 to carry out the evaluation under 

11 subsection (c). 

12 SEC. 304. BEST PRACTICES DEVELOPMENT GRANTS. 

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

14 through the Bureau of Justice Assistance, may make 

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

16 of local government to develop and implement best prac17 tice devices and systems to eliminate racial profiling. 

18 (b) USE OF FUNDS.—The funds provided under sub19 section (a) shall be used for programs that include the 

20 following purposes: 

21 (1) The development and implementation of 

22 training to prevent racial profiling and to encourage 

23 more respectful interaction with the public. 

24 (2) The acquisition and use of technology to fa25 cilitate the accurate collection and analysis of data. 


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1 (3) The development and acquisition of feed2 back systems and technologies that identify officers 

3 or units of officers engaged in, or at risk of engag4 ing in, racial profiling or other misconduct. 

5 (4) The establishment and maintenance of an 

6 administrative complaint procedure or independent 

7 auditor program. 

8 (c) EQUITABLE DISTRIBUTION.—The Attorney Gen9 eral shall ensure that grants under this section are award10 ed in a manner that reserves an equitable share of funding 

11 for small and rural law enforcement agencies. 

12 (d) APPLICATION.—Each State, local law enforce13 ment agency, or unit of local government desiring a grant 

14 under this section shall submit an application to the Attor15 ney General at such time, in such manner, and accom16 panied by such information as the Attorney General may 

17 reasonably require. 

18 SEC. 305. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated such sums 

20 as are necessary to carry out this title. 

21 TITLE IV—DATA COLLECTION 

22 SEC. 401. ATTORNEY GENERAL TO ISSUE REGULATIONS. 

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

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

25 in consultation with stakeholders, including Federal, 


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1 State, and local law enforcement agencies and community, 

2 professional, research, and civil rights organizations, shall 

3 issue regulations for the collection and compilation of data 

4 under sections 201 and 301. 

5 (b) REQUIREMENTS.—The regulations issued under 

6 subsection (a) shall— 

7 (1) provide for the collection of data on all rou8 tine or spontaneous investigatory activities; 

9 (2) provide that the data collected shall— 

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

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

12 law enforcement officer; 

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

14 such investigatory activities; 

15 (C) include detail sufficient to permit an 

16 analysis of whether a law enforcement agency is 

17 engaging in racial profiling; and 

18 (D) not include personally identifiable in19 formation; 

20 (3) provide that a standardized form shall be 

21 made available to law enforcement agencies for the 

22 submission of collected data to the Department of 

23 Justice; 

24 (4) provide that law enforcement agencies shall 

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1 able under paragraph (3), and submit the form to 

2 the Civil Rights Division and the Department of 

3 Justice Bureau of Justice Statistics; 

4 (5) provide that law enforcement agencies shall 

5 maintain all data collected under this Act for not 

6 less than 4 years; 

7 (6) include guidelines for setting comparative 

8 benchmarks, consistent with best practices, against 

9 which collected data shall be measured; 

10 (7) provide that the Department of Justice Bu11 reau of Justice Statistics shall— 

12 (A) analyze the data for any statistically 

13 significant disparities, including— 

14 (i) disparities in the percentage of 

15 drivers or pedestrians stopped relative to 

16 the proportion of the population passing 

17 through the neighborhood; 

18 (ii) disparities in the hit rate; and 

19 (iii) disparities in the frequency of 

20 searches performed on racial or ethnic mi21 nority drivers and the frequency of 

22 searches performed on nonminority drivers; 

23 and 


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

2 of enactment of this Act, and annually there3 after— 

4 (i) prepare a report regarding the 

5 findings of the analysis conducted under 

6 subparagraph (A); 

7 (ii) provide such report to Congress; 

8 and 

9 (iii) make such report available to the 

10 public, including on a website of the De11 partment of Justice; and 

12 (8) protect the privacy of individuals whose 

13 data is collected by— 

14 (A) limiting the use of the data collected 

15 under this Act to the purposes set forth in this 

16 Act; 

17 (B) except as otherwise provided in this 

18 Act, limiting access to the data collected under 

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

20 employees or agents who require such access in 

21 order to fulfill the purposes for the data set 

22 forth in this Act; 

23 (C) requiring contractors or other non24 governmental agents who are permitted access 

25 to the data collected under this Act to sign use 


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1 agreements incorporating the use and disclosure 

2 restrictions set forth in subparagraph (A); and 

3 (D) requiring the maintenance of adequate 

4 security measures to prevent unauthorized ac5 cess to the data collected under this Act. 

6 SEC. 402. PUBLICATION OF DATA. 

7 The Department of Justice Bureau of Justice Statis8 tics shall provide to Congress and make available to the 

9 public, together with each annual report described in sec10 tion 401, the data collected pursuant to this Act, excluding 

11 any personally identifiable information described in section 

12 403. 

13 SEC. 403. LIMITATIONS ON PUBLICATION OF DATA. 

14 The name or identifying information of a law enforce15 ment officer, complainant, or any other individual involved 

16 in any activity for which data is collected and compiled 

17 under this Act shall not be— 

18 (1) released to the public; 

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

20 (A) such disclosures as are necessary to 

21 comply with this Act; 

22 (B) disclosures of information regarding a 

23 particular person to that person; or 

24 (C) disclosures pursuant to litigation; or 


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1 (3) subject to disclosure under section 552 of 

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

3 Freedom of Information Act), except for disclosures 

4 of information regarding a particular person to that 

5 person. 

6 TITLE V—DEPARTMENT OF JUS7 TICE REGULATIONS AND RE8 PORTS ON RACIAL PROFIL9 ING IN THE UNITED STATES 

10 SEC. 501. ATTORNEY GENERAL TO ISSUE REGULATIONS 

11 AND REPORTS. 

12 (a) REGULATIONS.—In addition to the regulations re13 quired under sections 303 and 401, the Attorney General 

14 shall issue such other regulations as the Attorney General 

15 determines are necessary to implement this Act. 

16 (b) REPORTS.— 

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

18 the date of enactment of this Act, and annually 

19 thereafter, the Attorney General shall submit to 

20 Congress a report on racial profiling by law enforce21 ment agencies. 

22 (2) SCOPE.—Each report submitted under 

23 paragraph (1) shall include— 

24 (A) a summary of data collected under sec25 tions 201(b)(3) and 301(b)(3) 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 Department 

5 of Justice Bureau of Justice Statistics under 

6 section 401(b)(7); 

7 (C) the status of the adoption and imple8 mentation of policies and procedures by Federal 

9 law enforcement agencies under section 201 

10 and by the State and local law enforcement 

11 agencies under sections 301 and 302; and 

12 (D) a description of any other policies and 

13 procedures that the Attorney General believes 

14 would facilitate the elimination of racial 

15 profiling. 

16 TITLE VI—MISCELLANEOUS 

17 PROVISIONS 

18 SEC. 601. SEVERABILITY. 

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

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

21 unconstitutional, the remainder of this Act and the appli22 cation of the remaining provisions of this Act to any per23 son or circumstance shall not be affected thereby. 

24 SEC. 602. SAVINGS CLAUSE. 

25 Nothing in this Act shall be construed— 


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1 (1) to limit legal or administrative remedies 

2 under section 1979 of the Revised Statutes of the 

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

4 the Violent Crime Control and Law Enforcement 

5 Act of 1994 (34 U.S.C. 12601), the Omnibus Crime 

6 Control and Safe Streets Act of 1968 (34 U.S.C. 

7 10101 et seq.), or title VI of the Civil Rights Act 

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

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

10 that applies to an Indian tribe because of the polit11 ical status of the tribe; or 

12 (3) to waive the sovereign immunity of an In13 dian tribe without the consent of the tribe. 

Æ 


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