(1) $5,000,000, over a 2-year period, to carry 
out the demonstration program under subsection 
(a); and 
(2) $500,000 to carry out the evaluation under 
subsection (c). 
SEC. 304. BEST PRACTICES DEVELOPMENT GRANTS. 
(a) GRANT AUTHORIZATION.—The Attorney General, 
through the Bureau of Justice Assistance, may make 
grants to States, local law enforcement agencies, and units 
of local government to develop and implement best prac-
tice devices and systems to eliminate racial profiling. 
(b) USE OF FUNDS.—The funds provided under sub-
section (a) shall be used for programs that include the 
following purposes: 
(1) The development and implementation of 
training to prevent racial profiling and to encourage 
more respectful interaction with the public. 
(2) The acquisition and use of technology to fa-
cilitate the accurate collection and analysis of data 
related to racial profiling. 
(3) The development and acquisition of feed-
back systems and technologies that identify officers 
or units of officers engaged in, or at risk of engag-
ing in, racial profiling or other misconduct. 
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(4) The establishment and maintenance of an 
administrative complaint procedure or independent 
auditor program that meets the requirements of sec-
tion 302. 
(c) EQUITABLE DISTRIBUTION.—The Attorney Gen-
eral shall ensure that grants under this section are award-
ed in a manner that reserves an equitable share of funding 
for small and rural law enforcement agencies. 
(d) APPLICATION.—Each State, local law enforce-
ment agency, or unit of local government desiring a grant 
under this section shall submit an application to the Attor-
ney General at such time, in such manner, and accom-
panied by such information as the Attorney General may 
require. 
TITLE IV—DATA COLLECTION 
SEC. 401. ATTORNEY GENERAL TO ISSUE REGULATIONS. 
(a) REGULATIONS.—Not later than 6 months after 
the date of enactment of this Act, the Attorney General, 
in consultation with stakeholders, including Federal, 
State, and local law enforcement agencies and community, 
professional, research, and civil rights organizations, shall 
issue regulations for the collection and compilation of data 
under sections 201 and 301. 
(b) REQUIREMENTS.—The regulations issued under 
subsection (a) shall— 
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(1) provide for the collection of data on all rou-
tine or spontaneous investigatory activities; 
(2) provide that the data collected shall— 
(A) be collected by race, ethnicity, national 
origin, gender, and religion, as perceived by the 
law enforcement officer; 
(B) include the date, time, and location of 
such investigatory activities; 
(C) include detail sufficient to permit an 
analysis of whether a law enforcement agency is 
engaging in racial profiling; and 
(D) not include personally identifiable in-
formation described in section 403; 
(3) provide that a standardized form shall be 
made available to law enforcement agencies for the 
submission of collected data to the Department of 
Justice; 
(4) provide that law enforcement agencies shall 
compile data on the standardized form made avail-
able under paragraph (3), and submit the form to 
the Civil Rights Division and the Department of 
Justice Bureau of Justice Statistics; 
(5) provide that law enforcement agencies shall 
maintain all data collected under this Act for not 
less than 4 years; 
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(6) include guidelines for setting comparative 
benchmarks, consistent with best practices, against 
which collected data shall be measured; and 
(7) provide for the protection of the privacy of 
individuals whose data is collected by— 
(A) limiting the use and disclosure of the 
data collected under this Act to the purposes 
set forth in this Act; 
(B) except as otherwise provided in this 
Act, limiting access to the data collected under 
this Act to those Federal, State, local, or tribal 
employees or agents who require such access in 
order to fulfill the purposes for the data set 
forth in this Act; 
(C) requiring contractors or other non-gov-
ernmental agents who are permitted access to 
the data collected under this Act to sign use 
agreements incorporating the use and disclosure 
restrictions set forth in subparagraph (A); and 
(D) requiring the maintenance of adequate 
security measures to prevent unauthorized ac-
cess to the data collected under this Act. 
SEC. 402. DUTIES OF THE BUREAU OF JUSTICE STATISTICS. 
(a) ANALYSIS AND REPORTS.—The Department of 
Justice Bureau of Justice Statistics shall— 
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(1) analyze the data collected under sections 
201 and 301 for any statistically significant dispari-
ties, including— 
(A) disparities in the percentage of drivers 
or pedestrians stopped relative to the proportion 
of the population passing through the neighbor-
hood; 
(B) disparities in the hit rate; and 
(C) disparities in the frequency of searches 
performed on minority drivers and the fre-
quency of searches performed on non-minority 
drivers; and 
(2) not later than 3 years after the date of en-
actment of this Act, and annually thereafter— 
(A) prepare a report regarding the findings 
of the analysis conducted under paragraph (1); 
(B) provide such report to Congress and 
the Attorney General; and 
(C) make such report available to the pub-
lic, including on a Web site of the Department 
of Justice. 
(b) PUBLICATION
OF DATA.—The Department of 
Justice Bureau of Justice Statistics shall provide to Con-
gress and make available to the public, together with each 
annual report described in subsection (a)(2), the data col-
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lected pursuant to this Act, excluding any personally iden-
tifiable information described in section 403. 
SEC. 403. LIMITATIONS ON PUBLICATION OF DATA. 
The name or identifying information of a law enforce-
ment officer, complainant, or any other individual involved 
in any activity for which data is collected and compiled 
under this Act shall not be— 
(1) released to the public; 
(2) disclosed to any person, except for— 
(A) such disclosures as are necessary to 
comply with this Act; 
(B) disclosures of information regarding a 
particular person to that person; or 
(C) disclosures pursuant to litigation; or 
(3) subject to disclosure under section 552 of 
title 5, United States Code (commonly known as the 
Freedom of Information Act), except for disclosures 
of information regarding a particular person to that 
person. 
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TITLE V—DEPARTMENT OF JUS-
TICE REGULATIONS AND RE-
PORTS 
ON 
RACIAL 
PROFILING IN THE UNITED 
STATES 
SEC. 501. ATTORNEY GENERAL TO ISSUE REGULATIONS 
AND REPORTS. 
(a) REGULATIONS.—In addition to the regulations re-
quired under sections 302 and 401, the Attorney General 
shall issue such other regulations as the Attorney General 
determines are necessary to implement this Act. 
(b) REPORTS.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, and annually 
thereafter, the Attorney General shall submit to 
Congress a report on racial profiling by law enforce-
ment agencies. 
(2) SCOPE.—Each report submitted under 
paragraph (1) shall include— 
(A) a summary of data collected under sec-
tions 201(b)(3) and 301(b)(3) and from any 
other reliable source of information regarding 
racial profiling in the United States; 
(B) a discussion of the findings in the 
most recent report prepared by the Department 
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of Justice Bureau of Justice Statistics under 
section 401(b)(7); 
(C) the status of the adoption and imple-
mentation of policies and procedures by Federal 
law enforcement agencies under section 201 
and by the State and local law enforcement 
agencies under sections 301 and 302; and 
(D) a description of any other policies and 
procedures that the Attorney General believes 
would facilitate the elimination of racial 
profiling. 
TITLE VI—MISCELLANEOUS 
PROVISIONS 
SEC. 601. SEVERABILITY. 
If any provision of this Act, or the application of such 
a provision to any person or circumstance, is held to be 
unconstitutional, the remainder of this Act and the appli-
cation of the remaining provisions of this Act to any per-
son or circumstance shall not be affected thereby. 
SEC. 602. SAVINGS CLAUSE. 
Nothing in this Act shall be construed— 
(1) to limit legal or administrative remedies 
under section 1979 of the Revised Statutes of the 
United States (42 U.S.C. 1983), section 210401 of 
the Violent Crime Control and Law Enforcement 
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Act of 1994 (42 U.S.C. 14141), the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 
3701 et seq.), or title VI of the Civil Rights Act of 
1964 (42 U.S.C. 2000d et seq.); 
(2) to affect any Federal, State, or tribal law 
that applies to an Indian tribe because of the polit-
ical status of the tribe; or 
(3) to waive the sovereign immunity of an In-
dian tribe without the consent of the tribe. 
Æ 
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