I 
112TH CONGRESS 
1ST SESSION H. R. 3618 
To eliminate racial profiling by law enforcement, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 8, 2011 
Mr. CONYERS (for himself, Mr. ACKERMAN, Ms. BROWN of Florida, Mr. 
COHEN, Mr. CUMMINGS, Mr. DAVIS of Illinois, Mr. DINGELL, Mr. ELLI-
SON, Mr. FALEOMAVAEGA, Mr. FARR, Mr. FILNER, Mr. FRANK of Massa-
chusetts, Mr. GRIJALVA, Mr. GUTIERREZ, Mr. HONDA, Mr. JACKSON of 
Illinois, Mr. JOHNSON of Georgia, Mr. JOHNSON of Illinois, Ms. EDDIE 
BERNICE JOHNSON of Texas, Ms. JACKSON LEE of Texas, Ms. LEE of 
California, Mr. LEWIS of Georgia, Ms. ZOE LOFGREN of California, Mrs. 
MCCARTHY of New York, Ms. MCCOLLUM, Mr. GEORGE MILLER of Cali-
fornia, Ms. NORTON, Mr. PAYNE, Mr. PRICE of North Carolina, Mr. 
RANGEL, Ms. RICHARDSON, Mr. RICHMOND, Mr. ROTHMAN of New Jer-
sey, Mr. RUSH, Mr. SCOTT of Virginia, Mr. SERRANO, Mr. TOWNS, and 
Mr. WATT) introduced the following bill; which was referred to the Com-
mittee 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, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘End Racial Profiling Act of 2011’’. 
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(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—PROHIBITION OF RACIAL PROFILING 
Sec. 101. Prohibition. 
Sec. 102. Enforcement. 
TITLE II—PROGRAMS TO ELIMINATE RACIAL PROFILING BY 
FEDERAL LAW ENFORCEMENT AGENCIES 
Sec. 201. Policies to eliminate racial profiling. 
TITLE III—PROGRAMS TO ELIMINATE RACIAL PROFILING BY 
STATE, LOCAL, AND INDIAN TRIBAL LAW ENFORCEMENT 
AGENCIES 
Sec. 301. Policies required for grants. 
Sec. 302. Involvement of Attorney General. 
Sec. 303. Data collection demonstration project. 
Sec. 304. Best practices development grants. 
TITLE IV—DATA COLLECTION 
Sec. 401. Attorney General to issue regulations. 
Sec. 402. Duties of the Bureau of Justice Statistics. 
Sec. 403. Limitations on publication of data. 
TITLE V—DEPARTMENT OF JUSTICE REGULATIONS AND 
REPORTS ON RACIAL PROFILING IN THE UNITED STATES 
Sec. 501. Attorney General to issue regulations and reports. 
TITLE VI—MISCELLANEOUS PROVISIONS 
Sec. 601. Severability. 
Sec. 602. Savings clause. 
SEC. 2. 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— 
(A) the Edward Byrne Memorial Justice 
Assistance Grant Program under part E of title 
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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) HIT RATE.—The term ‘‘hit rate’’ means the 
percentage of stops and searches in which a law en-
forcement officer finds drugs, a gun, or something 
else that leads to an arrest. The hit rate is cal-
culated by dividing the total number of searches by 
the number of searches that yield contraband. The 
hit rate is complementary to the rate of false stops. 
(4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 102 of the 
Federally Recognized Indian Tribe List Act of 1994 
(25 U.S.C. 479a)). 
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(5) LAW
ENFORCEMENT
AGENCY.—The term 
‘‘law enforcement agency’’ means any Federal, 
State, local, or Indian tribal public agency engaged 
in the prevention, detection, or investigation of viola-
tions of criminal, immigration, or customs laws. 
(6) 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. 
(7) RACIAL PROFILING.— 
(A) 
DEFINITION.—The 
term 
‘‘racial 
profiling’’ means the practice of a law enforce-
ment agent or agency relying, to any degree, on 
race, ethnicity, national origin, gender, or reli-
gion— 
(i) in selecting which individual to 
subject to routine or spontaneous inves-
tigatory activities; or 
(ii) in deciding upon the scope and 
substance of law enforcement activity fol-
lowing the initial investigatory activity. 
(B) 
EXCEPTION.—The 
term 
‘‘racial 
profiling’’ does not include a practice of a law 
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enforcement agent or agency that relies on race, 
ethnicity, national origin, gender, or religion 
when there is trustworthy information, relevant 
to the locality and timeframe, that links a per-
son of a particular race, ethnicity, national ori-
gin, gender, or religion to an identified criminal 
incident or scheme. 
(8) ROUTINE OR SPONTANEOUS INVESTIGATORY 
ACTIVITIES.—The term ‘‘routine or spontaneous in-
vestigatory activities’’ means the following activities 
by a law enforcement agent: 
(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) Data collection and analysis, assess-
ments, and predicated investigations. 
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(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 procedures and programs 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 
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 
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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 
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. 
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(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 or contract under this section shall include— 
(1) developing a data collection tool, compiling 
data related to hit rates, and reporting 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 law enforcement agencies funded 
under this section. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out activities 
under this section— 
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(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 know 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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