(C) would place a severe burden on the re-
sources of the law enforcement agency given its 
size. 
(9) UNIT OF LOCAL GOVERNMENT.—The term 
‘‘unit of local government’’ means— 
(A) any city, county, township, town, bor-
ough, parish, village, or other general purpose 
political subdivision of a State; 
(B) any law enforcement district or judicial 
enforcement district that— 
(i) is established under applicable 
State law; and 
(ii) has the authority to, in a manner 
independent of other State entities, estab-
lish a budget and impose taxes; 
(C) any Indian tribe that performs law en-
forcement functions, as determined by the Sec-
retary of the Interior; or 
(D) for the purposes of assistance eligi-
bility, any agency of the government of the Dis-
trict of Columbia or the Federal Government 
that performs law enforcement functions in and 
for— 
(i) the District of Columbia; or 
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(ii) any Trust Territory of the United 
States. 
TITLE I—PROHIBITION OF 
RACIAL PROFILING 
SEC. 101. PROHIBITION. 
No law enforcement agent or law enforcement agency 
shall engage in racial profiling. 
SEC. 102. ENFORCEMENT. 
(a) REMEDY.—The United States, or an individual 
injured by racial profiling, may enforce this title in a civil 
action for declaratory or injunctive relief, filed either in 
a State court of general jurisdiction or in a district court 
of the United States. 
(b) PARTIES.—In any action brought under this title, 
relief may be obtained against— 
(1) any governmental body that employed any 
law enforcement agent who engaged in racial 
profiling; 
(2) any agent of such body who engaged in ra-
cial profiling; and 
(3) any person with supervisory authority over 
such agent. 
(c) NATURE OF PROOF.—Proof that the routine or 
spontaneous investigatory activities of law enforcement 
agents in a jurisdiction have had a disparate impact on 
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racial, ethnic, or religious minorities shall constitute prima 
facie evidence of a violation of this title. 
(d) ATTORNEY’S FEES.—In any action or proceeding 
to enforce this title against any governmental unit, the 
court may allow a prevailing plaintiff, other than the 
United States, reasonable attorney’s fees as part of the 
costs, and may include expert fees as part of the attorney’s 
fee. 
TITLE II—PROGRAMS TO ELIMI-
NATE RACIAL PROFILING BY 
FEDERAL 
LAW 
ENFORCE-
MENT AGENCIES 
SEC. 201. POLICIES TO ELIMINATE RACIAL PROFILING. 
(a) IN GENERAL.—Federal law enforcement agencies 
shall— 
(1) maintain adequate policies and procedures 
designed to eliminate racial profiling; and 
(2) cease existing practices that permit racial 
profiling. 
(b) POLICIES.—The policies and procedures de-
scribed in subsection (a)(1) shall include— 
(1) a prohibition on racial profiling; 
(2) training on racial profiling issues as part of 
Federal law enforcement training; 
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(3) the collection of data in accordance with the 
regulations issued by the Attorney General under 
section 401; 
(4) procedures for receiving, investigating, and 
responding meaningfully to complaints alleging ra-
cial profiling by law enforcement agents; 
(5) policies requiring that corrective action be 
taken when law enforcement agents are determined 
to have engaged in racial profiling; and 
(6) such other policies or procedures that the 
Attorney General deems necessary to eliminate racial 
profiling. 
TITLE III—PROGRAMS TO ELIMI-
NATE RACIAL PROFILING BY 
STATE, LOCAL, AND INDIAN 
TRIBAL LAW ENFORCEMENT 
AGENCIES 
SEC. 301. POLICIES REQUIRED FOR GRANTS. 
(a) IN GENERAL.—An application by a State, a unit 
of local government, or a State, local, or Indian tribal law 
enforcement agency for funding under a covered program 
shall include a certification that such State, unit of local 
government, or law enforcement agency, and any law en-
forcement agency to which it will distribute funds— 
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(1) maintains adequate policies and procedures 
designed to eliminate racial profiling; and 
(2) has eliminated any existing practices that 
permit or encourage racial profiling. 
(b) POLICIES.—The policies and procedures de-
scribed in subsection (a)(1) shall include— 
(1) a prohibition on racial profiling; 
(2) training on racial profiling issues as part of 
law enforcement training; 
(3) the collection of data in accordance with the 
regulations issued by the Attorney General under 
section 401; 
(4) participation in an administrative complaint 
procedure or independent auditor program that 
meets the requirements of section 302; 
(5) policies requiring that corrective action be 
taken when law enforcement agents are determined 
to have engaged in racial profiling; and 
(6) such other policies or procedures that the 
Attorney General deems necessary to eliminate racial 
profiling. 
(c) EFFECTIVE DATE.—This section shall take effect 
12 months after the date of enactment of this Act. 
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SEC. 302. ADMINISTRATIVE COMPLAINT PROCEDURE OR 
INDEPENDENT 
AUDITOR 
PROGRAM 
RE-
QUIRED FOR GRANTS. 
(a) ESTABLISHMENT
OF
ADMINISTRATIVE
COM-
PLAINT PROCEDURE OR INDEPENDENT AUDITOR PRO-
GRAM.—An application by a State or unit of local govern-
ment for funding under a covered program shall include 
a certification that the applicant has established and is 
maintaining, for each law enforcement agency of the appli-
cant, either— 
(1) an administrative complaint procedure that 
meets the requirements of subsection (b); or 
(2) an independent auditor program that meets 
the requirements of subsection (c). 
(b) REQUIREMENTS
FOR
ADMINISTRATIVE
COM-
PLAINT PROCEDURE.—To meet the requirements of this 
subsection, an administrative complaint procedure shall— 
(1) allow any person who believes there has 
been a violation of section 101 to file a complaint; 
(2) allow a complaint to be made— 
(A) in writing or orally; 
(B) in person or by mail, telephone, fac-
simile, or electronic mail; and 
(C) anonymously or through a third party; 
(3) require that the complaint be investigated 
and heard by an independent review board that— 
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(A) is located outside of any law enforce-
ment agency or the law office of the State or 
unit of local government; 
(B) includes, as at least a majority of its 
members, individuals who are not employees of 
the State or unit of local government; 
(C) does not include as a member any indi-
vidual who is then serving as a law enforcement 
agent; 
(D) possesses the power to request all rel-
evant information from a law enforcement 
agency; and 
(E) possesses staff and resources sufficient 
to perform the duties assigned to the inde-
pendent review board under this subsection; 
(4) provide that the law enforcement agency 
shall comply with all reasonable requests for infor-
mation in a timely manner; 
(5) require the review board to inform the At-
torney General when a law enforcement agency fails 
to comply with a request for information under this 
subsection; 
(6) provide that a hearing be held, on the 
record, at the request of the complainant; 
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(7) provide for an appropriate remedy, and 
publication of the results of the inquiry by the re-
view board, if the review board determines that a 
violation of section 101 has occurred; 
(8) provide that the review board shall dismiss 
the complaint and publish the results of the inquiry 
by the review board, if the review board determines 
that no violation has occurred; 
(9) provide that the review board shall make a 
final determination with respect to a complaint in a 
reasonably timely manner; 
(10) provide that a record of all complaints and 
proceedings be sent to the Civil Rights Division and 
the Bureau of Justice Statistics of the Department 
of Justice; 
(11) provide that no published information shall 
reveal the identity of the law enforcement officer, 
the complainant, or any other individual who is in-
volved in a detention; and 
(12) otherwise operate in a manner consistent 
with regulations promulgated by the Attorney Gen-
eral under section 303. 
(c) REQUIREMENTS
FOR INDEPENDENT AUDITOR 
PROGRAM.—To meet the requirements of this subsection, 
an independent auditor program shall— 
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(1) provide for the appointment of an inde-
pendent auditor who is not a sworn officer or em-
ployee of a law enforcement agency; 
(2) provide that the independent auditor be 
given staff and resources sufficient to perform the 
duties of the independent auditor program under 
this section; 
(3) provide that the independent auditor be 
given full access to all relevant documents and data 
of a law enforcement agency; 
(4) require the independent auditor to inform 
the Attorney General when a law enforcement agen-
cy fails to comply with a request for information 
under this subsection; 
(5) require the independent auditor to issue a 
public report each year that— 
(A) addresses the efforts of each law en-
forcement agency of the State or unit of local 
government to combat racial profiling; and 
(B) recommends any necessary changes to 
the policies and procedures of any law enforce-
ment agency; 
(6) require that each law enforcement agency 
issue a public response to each report issued by the 
auditor under paragraph (5); 
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(7) provide that the independent auditor, upon 
determining that a law enforcement agency is not in 
compliance with this Act, shall forward the public 
report directly to the Attorney General; 
(8) provide that the independent auditor shall 
engage in community outreach on racial profiling 
issues; and 
(9) otherwise operate in a manner consistent 
with regulations promulgated by the Attorney Gen-
eral under section 303. 
(d) LOCAL USE OF STATE COMPLAINT PROCEDURE 
OR INDEPENDENT AUDITOR PROGRAM.— 
(1) IN GENERAL.—A State shall permit a unit 
of local government within its borders to use the ad-
ministrative complaint procedure or independent 
auditor program it establishes under this section. 
(2) EFFECT OF USE.—A unit of local govern-
ment shall be deemed to have established and main-
tained an administrative complaint procedure or 
independent auditor program for purposes of this 
section if the unit of local government uses the ad-
ministrative complaint procedure or independent 
auditor program of either the State in which it is lo-
cated, or another unit of local government in the 
State in which it is located. 
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(e) EFFECTIVE DATE.—This section shall go into ef-
fect 12 months after the date of enactment of this Act. 
SEC. 303. INVOLVEMENT OF ATTORNEY GENERAL. 
(a) REGULATIONS.— 
(1) IN
GENERAL.—Not later than 6 months 
after the date of enactment of this Act and in con-
sultation with stakeholders, including Federal, State, 
and local law enforcement agencies and community, 
professional, research, and civil rights organizations, 
the Attorney General shall issue regulations for the 
operation of the administrative complaint procedures 
and independent auditor programs required under 
subsections (b) and (c) of section 302. 
(2) 
GUIDELINES.—The 
regulations 
issued 
under paragraph (1) shall contain guidelines that 
ensure the fairness, effectiveness, and independence 
of the administrative complaint procedures and inde-
pendent auditor programs. 
(b) NONCOMPLIANCE.—If the Attorney General de-
termines that the recipient of any covered grant is not in 
compliance with the requirements of section 301 or 302 
or the regulations issued under subsection (a), the Attor-
ney General shall withhold, in whole or in part, funds for 
1 or more covered grants, until the grantee establishes 
compliance. 
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(c) PRIVATE PARTIES.—The Attorney General shall 
provide notice and an opportunity for private parties to 
present evidence to the Attorney General that a grantee 
is not in compliance with the requirements of this title. 
SEC. 304. DATA COLLECTION DEMONSTRATION PROJECT. 
(a) IN
GENERAL.—The Attorney General shall, 
through competitive grants or contracts, carry out a 2- 
year demonstration project for the purpose of developing 
and implementing data collection on hit rates for stops 
and searches. The data shall be disaggregated by race, 
ethnicity, national origin, and religion. 
(b) COMPETITIVE AWARDS.—The Attorney General 
shall provide not more than 5 grants or contracts to police 
departments that— 
(1) are not already collecting data voluntarily or 
otherwise; and 
(2) serve communities where there is a signifi-
cant concentration of racial or ethnic minorities. 
(c) REQUIRED ACTIVITIES.—Activities carried out 
under subsection (b) shall include— 
(1) developing a data collection tool; 
(2) training of law enforcement personnel on 
data collection; 
(3) collecting data on hit rates for stops and 
searches; and 
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(4) reporting the compiled data to the Attorney 
General. 
(d) EVALUATION.—Not later than 3 years after the 
date of enactment of this Act, the Attorney General shall 
enter into a contract with an institution of higher edu-
cation to analyze the data collected by each of the 5 sites 
funded under this section. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out activities 
under this section— 
(1) $5,000,000, over a 2-year period for a dem-
onstration project on 5 sites; and 
(2) $500,000 to carry out the evaluation in sub-
section (d). 
SEC. 305. BEST PRACTICES DEVELOPMENT GRANTS. 
(a) GRANT AUTHORIZATION.—The Attorney General, 
through the Bureau of Justice Assistance, may make 
grants to States, law enforcement agencies, and units of 
local government to develop and implement best practice 
devices and systems to eliminate racial profiling. 
(b) USE OF FUNDS.—The funds provided under sub-
section (a) may be used for— 
(1) the development and implementation of 
training to prevent racial profiling and to encourage 
more respectful interaction with the public; 
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(2) the acquisition and use of technology to fa-
cilitate the collection of data regarding routine inves-
tigatory activities sufficient to permit an analysis of 
these activities by race, ethnicity, national origin, 
and religion; 
(3) the analysis of data collected by law en-
forcement agencies to determine whether the data 
indicate the existence of racial profiling; 
(4) the acquisition and use of technology to 
verify the accuracy of data collection, including in- 
car video cameras and portable computer systems; 
(5) the development and acquisition of early 
warning systems and other feedback systems that 
help identify officers or units of officers engaged in, 
or at risk of engaging in, racial profiling or other 
misconduct, including the technology to support such 
systems; 
(6) the establishment or improvement of sys-
tems and procedures for receiving, investigating, and 
responding meaningfully to complaints alleging ra-
cial, ethnic, or religious bias by law enforcement 
agents; 
(7) the establishment or improvement of man-
agement systems to ensure that supervisors are held 
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accountable for the conduct of their subordinates; 
and 
(8) the establishment and maintenance of an 
administrative complaint procedure or independent 
auditor program under section 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 
reasonably require. 
SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as are necessary to carry out this title. 
TITLE IV—DATA COLLECTION 
SEC. 401. ATTORNEY GENERAL TO ISSUE REGULATIONS. 
(a) REGULATIONS.—Not later than 6 months after 
the enactment of this Act, the Attorney General, in con-
sultation with stakeholders, including Federal, State, and 
local law enforcement agencies and community, profes-
sional, research, and civil rights organizations, shall issue 
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regulations for the collection and compilation of data 
under sections 201 and 301. 
(b) REQUIREMENTS.—The regulations issued under 
subsection (a) shall— 
(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 
the investigatory activities; and 
(C) include detail sufficient to permit an 
analysis of whether a law enforcement agency is 
engaging in racial profiling; 
(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 created under 
paragraph (3), and submit the form to the Civil 
Rights Division and the Bureau of Justice Statistics 
of the Department of Justice; 
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(5) provide that law enforcement agencies shall 
maintain all data collected under this Act for not 
less than 4 years; 
(6) include guidelines for setting comparative 
benchmarks, consistent with best practices, against 
which collected data shall be measured; and 
(7) provide that the Bureau of Justice Statis-
tics shall— 
(A) analyze the data for any statistically 
significant disparities, including— 
(i) disparities in the percentage of 
drivers or pedestrians stopped relative to 
the proportion of the population passing 
through the neighborhood; 
(ii) disparities in the percentage of 
false stops relative to the percentage of 
drivers or pedestrians stopped; and 
(iii) disparities in the frequency of 
searches performed on minority drivers 
and the frequency of searches performed 
on non-minority drivers; and 
(B) not later than 3 years after the date 
of enactment of this Act, and annually there-
after, prepare a report regarding the findings of 
the analysis conducted under subparagraph (A) 
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and provide the report to Congress and make 
the report available to the public, including on 
a website of the Department of Justice. 
SEC. 402. PUBLICATION OF DATA. 
The Bureau of Justice Statistics shall provide to Con-
gress and make available to the public, together with each 
annual report described in section 401, the data collected 
pursuant to this Act. 
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 such dis-
closures as are necessary to comply with this Act; or 
(3) subject to disclosure under section 552 of 
title 5, United States Code (commonly know as the 
Freedom of Information Act). 
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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 303 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 each year 
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)(1)(C) and from any 
other reliable source of information regarding 
racial profiling in the United States; 
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(B) a discussion of the findings in the 
most recent report prepared by the Bureau of 
Justice Statistics under section 401(a)(8); 
(C) the status of the adoption and imple-
mentation of policies and procedures by Federal 
law enforcement agencies under section 201; 
(D) the status of the adoption and imple-
mentation of policies and procedures by State 
and local law enforcement agencies under sec-
tions 301 and 302; and 
(E) 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 
provision to any person or circumstance is held to be un-
constitutional, the remainder of this Act and the applica-
tion of the provisions of this Act to any person or cir-
cumstance shall not be affected thereby. 
SEC. 602. SAVINGS CLAUSE. 
Nothing in this Act shall be construed to limit legal 
or administrative remedies under section 1979 of the Re-
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vised Statutes of the United States (42 U.S.C. 1983), sec-
tion 210401 of the Violent Crime Control and Law En-
forcement 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.), and title VI of the Civil Rights Act of 1964 
(42 U.S.C. 2000d et seq.). 
Æ 
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