(13) In some jurisdictions, local law enforce-
ment practices, such as ticket and arrest quotas and 
similar management practices, may have the unin-
tended effect of encouraging law enforcement agents 
to engage in racial profiling. 
(14) Racial profiling harms individuals sub-
jected to it because they experience fear, anxiety, hu-
miliation, anger, resentment, and cynicism when 
they are unjustifiably treated as criminal suspects. 
By discouraging individuals from traveling freely, ra-
cial profiling impairs both interstate and intrastate 
commerce. 
(15) 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. 
(16) In the wake of the September 11, 2001, 
terrorist attacks, many Arabs, Muslims, Central and 
South Asians, and Sikhs, as well as other immi-
grants and Americans of foreign descent, were treat-
ed with generalized suspicion and subjected to 
searches and seizures based upon religion and na-
tional origin, without trustworthy information link-
ing specific individuals to criminal conduct. Such 
profiling has failed to produce tangible benefits, yet 
VerDate Aug 31 2005 
23:07 Dec 14, 2007
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4611.IH
H4611
mstockstill on PROD1PC66 with BILLS
has created a fear and mistrust of law enforcement 
agencies in these communities. 
(17) Racial profiling violates the equal protec-
tion clause of the fourteenth amendment to the Con-
stitution of the United States. Using race, ethnicity, 
religion, or national origin as a proxy for criminal 
suspicion violates the constitutional requirement that 
police and other government officials accord to all 
citizens the equal protection of the law. Batson v. 
Kentucky, 476 U.S. 79 (1986); Palmore v. Sidoti, 
466 U.S. 429 (1984). 
(18) Racial profiling is not adequately ad-
dressed through suppression motions in criminal 
cases for 2 reasons. First, the Supreme Court held, 
in Whren v. United States, 517 U.S. 806 (1996), 
that the racially discriminatory motive of a police of-
ficer in making an otherwise valid traffic stop does 
not warrant the suppression of evidence under the 
fourth amendment to the Constitution of the United 
States. Second, since most stops do not result in the 
discovery of contraband, there is no criminal pros-
ecution and no evidence to suppress. 
(19) A comprehensive national solution is need-
ed to address racial profiling at the Federal, State, 
and local levels. Federal support is needed to combat 
VerDate Aug 31 2005 
23:07 Dec 14, 2007
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4611.IH
H4611
mstockstill on PROD1PC66 with BILLS
racial profiling through specialized training of law 
enforcement agents, improved management systems, 
and the acquisition of technology such as in-car 
video cameras. 
(b) PURPOSES.—The 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 fourteenth 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 fourteenth amendment to the Con-
stitution 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. 
(c) INTENT.—This Act is not intended to and should 
not impede the ability of Federal, State, and local law en-
forcement to protect the country and its people from any 
threat, be it foreign or domestic. 
SEC. 3. DEFINITIONS. 
In this Act: 
VerDate Aug 31 2005 
23:07 Dec 14, 2007
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4611.IH
H4611
mstockstill on PROD1PC66 with BILLS
(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 State and 
Local Law Enforcement Assistance Program 
(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.), but not including any 
program, project, or other activity specified in 
section 1701(b)(13) of that Act (42 U.S.C. 
3796dd(b)(13)). 
(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, 
VerDate Aug 31 2005 
23:07 Dec 14, 2007
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4611.IH
H4611
mstockstill on PROD1PC66 with BILLS
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: 
VerDate Aug 31 2005 
23:07 Dec 14, 2007
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4611.IH
H4611
mstockstill on PROD1PC66 with BILLS