I 
111TH CONGRESS 
2D SESSION 
H. R. 5748 
To eliminate racial profiling by law enforcement, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 15, 2010 
Mr. CONYERS (for himself, Mr. NADLER of New York, Mr. WU, Mrs. 
CHRISTENSEN, Mrs. MALONEY, Ms. WATERS, Mr. PRICE of North Caro-
lina, Mrs. NAPOLITANO, Mr. FARR, Mr. SERRANO, Mr. DAVIS of Illinois, 
Mr. STARK, Ms. WOOLSEY, Ms. KILPATRICK of Michigan, Mr. HASTINGS 
of Florida, Mr. WATT, Mr. BISHOP of Georgia, Ms. LEE of California, 
Mr. JOHNSON of Georgia, Mr. THOMPSON of Mississippi, Mr. JACKSON 
of Illinois, Ms. FUDGE, Mr. CUMMINGS, Ms. CLARKE, Mr. FATTAH, Mr. 
SCOTT of Virginia, Mr. MEEKS of New York, Mr. COHEN, Ms. JACKSON 
LEE of Texas, Ms. CHU, Mr. ELLISON, Ms. BALDWIN, Mr. WEINER, Ms. 
LINDA T. SA´NCHEZ of California, Mr. POLIS of Colorado, Mr. QUIGLEY, 
Mr. GUTIERREZ, Mr. LARSEN of Washington, Mr. RANGEL, Mr. FILNER, 
Mr. CLAY, Mr. RUSH, Mrs. CAPPS, Ms. MATSUI, Mr. HONDA, Ms. NOR-
TON, Mr. MCDERMOTT, Mr. CAPUANO, Mr. BERMAN, Mr. GEORGE MIL-
LER of California, Ms. ESHOO, Ms. HIRONO, Mr. SCOTT of Georgia, Mr. 
GRIJALVA, Ms. MCCOLLUM, Ms. SCHAKOWSKY, and Mr. ANDREWS) in-
troduced the following bill; which was referred to the Committee on the 
Judiciary 
A BILL 
To eliminate racial profiling by law enforcement, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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(1) COVERED
PROGRAM.—The term ‘‘covered 
program’’ means any program or activity funded in 
whole or in part with funds made available under— 
(A) the Edward Byrne Memorial Justice 
Assistance Grant Program under part E of title 
I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3750 et seq.); 
and 
(B) the ‘‘Cops on the Beat’’ program 
under part Q of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 
U.S.C. 3796dd et seq.), except that no pro-
gram, project, or other activity specified in sec-
tion 1701(b)(13) of such part shall be a covered 
program under this paragraph. 
(2) GOVERNMENTAL BODY.—The term ‘‘govern-
mental body’’ means any department, agency, special 
purpose district, or other instrumentality of Federal, 
State, local, or Indian tribal government. 
(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the same meaning as in section 103 of the Juve-
nile Justice and Delinquency Prevention Act of 1974 
(42 U.S.C. 5603). 
(4) LAW
ENFORCEMENT
AGENCY.—The term 
‘‘law enforcement agency’’ means any Federal, 
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State, local, or Indian tribal public agency engaged 
in the prevention, detection, or investigation of viola-
tions of criminal, immigration, or customs laws. 
(5) LAW
ENFORCEMENT
AGENT.—The term 
‘‘law enforcement agent’’ means any Federal, State, 
local, or Indian tribal official responsible for enforc-
ing criminal, immigration, or customs laws, includ-
ing police officers and other agents of a law enforce-
ment agency. 
(6) RACIAL
PROFILING.—The term ‘‘racial 
profiling’’ means the practice of a law enforcement 
agent or agency relying, to any degree, on race, eth-
nicity, national origin, or religion in selecting which 
individual to subject to routine or spontaneous inves-
tigatory activities or in deciding upon the scope and 
substance of law enforcement activity following the 
initial investigatory procedure, except when there is 
trustworthy information, relevant to the locality and 
timeframe, that links a person of a particular race, 
ethnicity, national origin, or religion to an identified 
criminal incident or scheme. 
(7) ROUTINE OR SPONTANEOUS INVESTIGATORY 
ACTIVITIES.—The term ‘‘routine or spontaneous in-
vestigatory activities’’ means the following activities 
by a law enforcement agent: 
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(A) Interviews. 
(B) Traffic stops. 
(C) Pedestrian stops. 
(D) Frisks and other types of body 
searches. 
(E) Consensual or nonconsensual searches 
of the persons, property, or possessions (includ-
ing vehicles) of individuals using any form of 
public or private transportation, including mo-
torists and pedestrians. 
(F) Inspections and interviews of entrants 
into the United States that are more extensive 
than those customarily carried out. 
(G) Immigration-related workplace inves-
tigations. 
(H) Such other types of law enforcement 
encounters compiled for or by the Federal Bu-
reau of Investigation or the Department of Jus-
tice Bureau of Justice Statistics. 
(8) REASONABLE
REQUEST.—The term ‘‘rea-
sonable request’’ means all requests for information, 
except for those that— 
(A) are immaterial to the investigation; 
(B) would result in the unnecessary disclo-
sure of personal information; or 
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(C) would place a severe burden on the re-
sources of the law enforcement agency given its 
size. 
(9) STATE.—The term ‘‘State’’ means each of 
the 50 States, the District of Columbia, the Com-
monwealth of Puerto Rico, and any other territory 
or possession of the United States. 
(10) 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; or 
(C) any Indian tribe that performs law en-
forcement functions, as determined by the Sec-
retary of the Interior. 
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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 
racial, ethnic, or religious minorities shall constitute prima 
facie evidence of a violation of this title. 
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(d) ATTORNEY’S FEES.—In any action or proceeding 
to enforce this title against any governmental body, 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; 
(3) the collection of data in accordance with the 
regulations issued by the Attorney General under 
section 401; 
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(4) procedures for receiving, investigating, and 
responding meaningfully to complaints alleging ra-
cial profiling by law enforcement agents; and 
(5) any other policies and procedures the Attor-
ney General determines to be necessary to eliminate 
racial profiling by Federal law enforcement agencies. 
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— 
(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; 
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(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; and 
(4) participation in an administrative complaint 
procedure or independent audit program that meets 
the requirements of section 302. 
(c) EFFECTIVE DATE.—This section shall take effect 
12 months after the date of enactment of this Act. 
SEC. 302. 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, 
tribal, and local law enforcement agencies and com-
munity, professional, research, and civil rights orga-
nizations, the Attorney General shall issue regula-
tions for the operation of administrative complaint 
procedures and independent audit programs to en-
sure that such programs and procedures provide an 
appropriate response to allegations of racial profiling 
by law enforcement agents or agencies. 
(2) 
GUIDELINES.—The 
regulations 
issued 
under paragraph (1) shall contain guidelines that 
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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 a grant from any covered 
program is not in compliance with the requirements of sec-
tion 301 or the regulations issued under subsection (a), 
the Attorney General shall withhold, in whole or in part 
(at the discretion of the Attorney General), funds for 1 
or more grants to the recipient under the covered pro-
gram, until the recipient establishes compliance. 
(c) PRIVATE PARTIES.—The Attorney General shall 
provide notice and an opportunity for private parties to 
present evidence to the Attorney General that a recipient 
of a grant from any covered program is not in compliance 
with the requirements of this title. 
SEC. 303. DATA COLLECTION DEMONSTRATION PROJECT. 
(a) COMPETITIVE AWARDS.— 
(1) IN GENERAL.—The Attorney General may, 
through competitive grants or contracts, carry out a 
2-year demonstration project for the purpose of de-
veloping and implementing data collection programs 
on the hit rates for stops and searches by law en-
forcement agencies. The data collected shall be 
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disaggregated by race, ethnicity, national origin, and 
religion. 
(2) NUMBER OF GRANTS.—The Attorney Gen-
eral shall provide not more than 5 grants or con-
tracts under this section. 
(3) ELIGIBLE GRANTEES.—Grants or contracts 
under this section shall be awarded to law enforce-
ment agencies that serve communities where there is 
a significant concentration of racial or ethnic minori-
ties and that are not already collecting data volun-
tarily. 
(b) REQUIRED ACTIVITIES.—Activities carried out 
with a grant under this section shall include— 
(1) developing a data collection tool and report-
ing the compiled data to the Attorney General; and 
(2) training of law enforcement personnel on 
data collection, particularly for data collection on hit 
rates for stops and searches. 
(c) 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 (as defined in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001)) to analyze the data col-
lected by each of the grantees funded under this section. 
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(d) 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, 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. 
(3) The development and acquisition of feed-
back systems and technologies that identify officers 
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or units of officers engaged in, or at risk of engag-
ing in, racial profiling or other misconduct. 
(4) The establishment and maintenance of an 
administrative complaint procedure or independent 
auditor program. 
(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. 305. 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 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 
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issue 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 
such 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 made avail-
able under paragraph (3), and submit the form to 
the Civil Rights Division and the Department of 
Justice Bureau of Justice Statistics; 
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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 Department of Justice Bu-
reau of Justice Statistics 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— 
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(i) prepare a report regarding the 
findings of the analysis conducted under 
subparagraph (A); 
(ii) provide such report to Congress; 
and 
(iii) make such report available to the 
public, including on a Web site of the De-
partment of Justice. 
SEC. 402. PUBLICATION OF DATA. 
The Department of Justice Bureau of Justice Statis-
tics shall provide to Congress and make available to the 
public, together with each annual report described in sec-
tion 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 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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