192 
agents in a jurisdiction have had a disparate impact on 
individuals with a particular characteristic described in 
section 1302(7) shall constitute prima facie evidence of a 
violation of this subtitle. 
(d) ATTORNEY’S FEES.—In any action or proceeding 
to enforce this subtitle 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. 
Subtitle B—Programs To Eliminate 
Racial Profiling By Federal Law 
Enforcement Agencies 
SEC. 1321. 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 1341; 
(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. 
Subtitle C—Programs To Eliminate 
Racial Profiling By State, Local, 
and Indian Tribal Law Enforce-
ment Agencies 
SEC. 1331. 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 pro-
gram shall include a certification that such State, unit of 
local government, or law enforcement agency, and any law 
enforcement 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. 
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(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 1341; and 
(4) participation in an administrative complaint 
procedure or independent audit program that meets 
the requirements of section 1332. 
(c) EFFECTIVE DATE.—This section shall take effect 
12 months after the date of enactment of this Act. 
SEC. 1332. 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 
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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 
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 1331 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 one 
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 subtitle. 
SEC. 1333. 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-
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veloping and implementing data collection programs 
on the hit rates for stops and searches by law en-
forcement agencies. The data collected shall be 
disaggregated by race, ethnicity, national origin, 
gender, 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 
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Act of 1965 (20 U.S.C. 1001)) to analyze the data col-
lected by each of the grantees funded under this section. 
(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. 1334. 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. 
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(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. 
(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. 1335. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as are necessary to carry out this subtitle. 
Subtitle D—Data Collection 
SEC. 1341. 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, 
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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 1321 and 1331. 
(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; 
(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; 
(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-
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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 title for not 
less than 4 years; 
(6) include guidelines for setting comparative 
benchmarks, consistent with best practices, against 
which collected data shall be measured; 
(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 hit rate; and 
(iii) disparities in the frequency of 
searches performed on racial or ethnic mi-
nority drivers and the frequency of 
searches performed on nonminority drivers; 
and 
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(B) not later than 3 years after the date 
of enactment of this Act, and annually there-
after— 
(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 website of the De-
partment of Justice; and 
(8) protect the privacy of individuals whose 
data is collected by— 
(A) limiting the use of the data collected 
under this title to the purposes set forth in this 
title; 
(B) except as otherwise provided in this 
title, limiting access to the data collected under 
this title to those Federal, State, local, or Trib-
al employees or agents who require such access 
in order to fulfill the purposes for the data set 
forth in this title; 
(C) requiring contractors or other non-
governmental agents who are permitted access 
to the data collected under this title to sign use 
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