(9) Racial profiling damages law enforcement
and the criminal justice system as a whole by under-
mining public confidence and trust in the police, the
courts, and the criminal law.
(10) Racial profiling violates the Equal Protec-
tion Clause of the Constitution. Using race, eth-
nicity, or national origin as a proxy for criminal sus-
picion violates the constitutional requirement that
police and other government officials accord to all
citizens the equal protection of the law. Arlington
Heights v. Metropolitan Housing Development Cor-
poration, 429 U.S. 252 (1977).
(11) Racial profiling is not adequately ad-
dressed through suppression motions in criminal
cases for two reasons. First, the Supreme Court
held, in Whren v. United States, 517 U.S. 806
(1996), that the racially discriminatory motive of a
police officer in making an otherwise valid traffic
stop does not warrant the suppression of evidence.
Second, since most stops do not result in the dis-
covery of contraband, there is no criminal prosecu-
tion and no evidence to suppress.
(12) Current efforts by State and local govern-
ments to eradicate racial profiling and redress the
harms it causes, while laudable, have been limited in
scope and insufficient to address this national prob-
lem.
(b) PURPOSES.—The independent purposes of this
Act are—
(1) to enforce the constitutional right to equal
protection of the laws, pursuant to the Fifth Amend-
ment and section 5 of the 14th Amendment to the
Constitution of the United States;
(2) to enforce the constitutional right to protec-
tion against unreasonable searches and seizures,
pursuant to the Fourth Amendment to the Constitu-
tion of the United States;
(3) to enforce the constitutional right to inter-
state travel, pursuant to section 2 of article IV of
the Constitution of the United States; and
(4) to regulate interstate commerce, pursuant
to clause 3 of section 8 of article I of the Constitu-
tion 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 pursuant to
this title, relief may be obtained against: any governmental
unit that employed any law enforcement agent who en-
gaged in racial profiling; any agent of such unit who en-
gaged in racial profiling; and any person with supervisory
authority over such agent.
(c) NATURE OF PROOF.—Proof that the routine in-
vestigatory activities of law enforcement agents in a juris-
diction have had a disparate impact on racial or ethnic
minorities shall constitute prima facie evidence of a viola-
tion of this title.
(d) ATTORNEYS’ 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 attorneys’ 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 encourage ra-
cial profiling.
(b) POLICIES.—The policies and procedures de-
scribed in subsection (a)(1) shall include the following:
(1) A prohibition on racial profiling.
(2) The collection of data on routine investiga-
tory activities sufficient to determine if law enforce-
ment agents are engaged in racial profiling and sub-
mission of that data to the Attorney General.
(3) Independent procedures for receiving, inves-
tigating, and responding meaningfully to complaints
alleging racial profiling by law enforcement agents of
the agency.
(4) Procedures to discipline law enforcement
agents who engage in racial profiling.
(5) 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 AND LOCAL LAW EN-
FORCEMENT AGENCIES
SEC. 301. POLICIES REQUIRED FOR GRANTS.
(a) IN GENERAL.—An application by a State or gov-
ernmental unit for funding under a covered program shall
include a certification that such unit and any agency to
which it is redistributing program funds—
(1) maintains adequate policies and procedures
designed to eliminate racial profiling; and
(2) has ceased existing practices that encourage
racial profiling.
(b) POLICIES.—The policies and procedures de-
scribed in subsection (a) shall include the following:
(1) A prohibition on racial profiling.
(2) The collection of data on routine investiga-
tory activities sufficient to determine if law enforce-
ment agents are engaged in racial profiling and sub-
mission of that data to the Attorney General.
(3) Independent procedures for receiving, inves-
tigating, and responding meaningfully to complaints
alleging racial profiling by law enforcement agents.
(4) Procedures to discipline law enforcement
agents who engage in racial profiling.
(5) Such other policies or procedures that the
Attorney General deems necessary to eliminate racial
profiling.
(c) NONCOMPLIANCE.—If the Attorney General de-
termines that a grantee is not in compliance with condi-
tions established pursuant to this title, the Attorney Gen-
eral shall withhold the grant, in whole or in part, until
the grantee establishes compliance. The Attorney General
shall provide notice regarding State grants and opportuni-
ties for private parties to present evidence to the Attorney
General that a grantee is not in compliance with condi-
tions established pursuant to this title.
SEC. 302. BEST PRACTICES DEVELOPMENT GRANTS.
(a) GRANT AUTHORIZATION.—The Attorney General
may make grants to States, law enforcement agencies and
other governmental units, Indian tribal governments, or
other public and private entities to develop and implement
best practice devices and systems to ensure the racially
neutral administration of justice.
(b) USES.—The funds provided pursuant to sub-
section (a) may be used to support the following activities:
(1) Development and implementation of train-
ing to prevent racial profiling and to encourage more
respectful interaction with the public.
(2) Acquisition and use of technology to facili-
tate the collection of data regarding routine inves-
tigatory activities in order to determine if law en-
forcement agents are engaged in racial profiling.
(3) Acquisition and use of technology to verify
the accuracy of data collection, including in-car video
cameras and portable computer systems.
(4) Development and acquisition of early warn-
ing systems and other feedback systems that help
identify officers or units of officers engaged in or at
risk of racial profiling or other misconduct, including
the technology to support such systems.
(5) Establishment or improvement of systems
and procedures for receiving, investigating, and re-
sponding meaningfully to complaints alleging racial
or ethnic bias by law enforcement agents.
(6) Establishment or improvement of manage-
ment systems to ensure that supervisors are held ac-
countable for the conduct of their subordinates.
(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) AUTHORIZATION OF APPROPRIATIONS.—The At-
torney General shall make available such sums as are nec-
essary to carry out this section from amounts appro-
priated for programs administered by the Attorney Gen-
eral.
TITLE IV—DEPARTMENT OF JUS-
TICE REPORTS ON RACIAL
PROFILING IN THE UNITED
STATES
SEC. 401. ATTORNEY GENERAL TO ISSUE REPORTS ON RA-
CIAL PROFILING IN THE UNITED STATES.
(a) REPORTS.—
(1) IN
GENERAL.—Not later than two years
after the enactment of this Act, and each year there-
after, the Attorney General shall submit to Congress
a report on racial profiling by Federal, State, and
local law enforcement agencies in the United States.
(2) SCOPE.—The reports issued pursuant to
paragraph (1) shall include—
(A) a summary of data collected pursuant
to sections 201(b)(2) and 301(b)(2) and any
other reliable source of information regarding
racial profiling in the United States;
(B) the status of the adoption and imple-
mentation of policies and procedures by Federal
law enforcement agencies pursuant to section
201;
(C) the status of the adoption and imple-
mentation of policies and procedures by State
and local law enforcement agencies pursuant to
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.
(b) DATA COLLECTION.—Not later than six months
after the enactment of this Act, the Attorney General shall
by regulation establish standards for the collection of data
pursuant to sections 201(b)(2) and 301(b)(2), including
standards for setting benchmarks against which collected
data shall be measured. Such standards shall result in the
collection of data, including data with respect to stops,
searches, seizures, and arrests, that is sufficiently detailed
to determine whether law enforcement agencies are en-
gaged in racial profiling and to monitor the effectiveness
of policies and procedures designed to eliminate racial
profiling.
(c) PUBLIC ACCESS.—Data collected pursuant to sec-
tion 201(b)(2) and 301(b)(2) shall be available to the pub-
lic.
SEC. 402. LIMITATION ON USE OF DATA.
Information released pursuant to section 401 shall
not reveal the identity of any individual who is detained
or any law enforcement officer involved in a detention.
TITLE V—DEFINITIONS AND
MISCELLANEOUS PROVISIONS
SEC. 501. DEFINITIONS.
In this Act:
(1) COVERED
PROGRAM.—The term ‘‘covered
program’’ means any program or activity funded in
whole or in part with funds made available under
any of the following:
(A) The Edward Byrne Memorial State
and Local Law Enforcement Assistance Pro-
grams (part E of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42
U.S.C. 3750 et seq.)).
(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.), but not including any
program, project, or other activity specified in
section 1701(d)(8) of that Act (42 U.S.C.
3796dd(d)(8)).
(C) The Local Law Enforcement Block
Grant program of the Department of Justice,
as described in appropriations Acts.
(2) GOVERNMENTAL UNIT.—The term ‘‘govern-
mental unit’’ means any department, agency, special
purpose district, or other instrumentality of Federal,
State, local, or Indian tribal government.
(3) LAW
ENFORCEMENT
AGENCY.—The term
‘‘law enforcement agency’’ means a Federal, State,
local, or Indian tribal public agency engaged in the
prevention, detection, or investigation of violations of
criminal, immigration, or customs laws.
(4) 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 Federal,
State, and local law enforcement agencies.
(5) RACIAL
PROFILING.—The term ‘‘racial
profiling’’ means the practice of a law enforcement
agent relying, to any degree, on race, ethnicity, or
national origin in selecting which individuals to sub-
ject to routine investigatory activities, or in deciding
upon the scope and substance of law enforcement ac-
tivity following the initial routine investigatory activ-
ity, except that racial profiling does not include reli-
ance on such criteria in combination with other iden-
tifying factors when the law enforcement agent is
seeking to apprehend a specific suspect whose race,
ethnicity, or national origin is part of the description
of the suspect.
(6) ROUTINE INVESTIGATORY ACTIVITIES.—The
term ‘‘routine investigatory activities’’ includes the
following activities by law enforcement agents: traf-
fic stops; pedestrian stops; frisks and other types of
body searches; consensual or nonconsensual searches
of the persons or possessions (including vehicles) of
motorists or pedestrians; inspections and interviews
of entrants into the United States that are more ex-
tensive than those customarily carried out; and im-
migration-related workplace investigations.
SEC. 502. SEVERABILITY.
If any provision of this Act, an amendment made by
this Act, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of this Act, the amendments made
by this Act, and the application of the provisions of such
to any person or circumstance shall not be affected there-
by.
SEC. 503. SAVINGS CLAUSE.
Nothing in this Act shall be construed to limit legal
or administrative remedies under section 1979 of the Re-
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.).
SEC. 504. EFFECTIVE DATES.
(a) IN GENERAL.—Except as provided in subsection
(b), the provisions of this Act shall take effect on the date
of the enactment of this Act.
(b) CONDITIONS ON FUNDING.—Section 301 shall
take effect 1 year after the date of enactment of this Act.
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