improvements in policy, supervision, training, and 
practice related to civil rights or civil liberties, or for 
the relevant office to review the matter and take ap-
propriate disciplinary or other action; and 
‘‘(7) review and assess information alleging 
abuses of civil rights, civil liberties, and racial and 
ethnic profiling by law enforcement agencies receiv-
ing grants or assistance from the Department of 
Homeland Security.’’; 
(2) by redesignating subsection (b) as sub-
section (e); and 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) INVESTIGATION OF COMPLAINTS.—The head of 
each directorate, office, or component of the Department 
and the head of any other executive agency shall ensure 
that the directorate, office, or component provides the Of-
ficer for Civil Rights and Civil Liberties with speedy ac-
cess, and in no event later than 30 days after the date 
on which the directorate, office, or component receives a 
request from the Officer, to any information determined 
by the Officer to be relevant to the exercise of the duties 
and responsibilities under subsection (a) or to any inves-
tigation carried out under this section, whether by pro-
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viding relevant documents or access to facilities or per-
sonnel. 
‘‘(c) SUBPOENAS.— 
‘‘(1) IN GENERAL.—In carrying out the duties 
and responsibilities under subsection (a) or as part 
of an investigation carried out under this section, 
the Officer for Civil Rights and Civil Liberties may 
require by subpoena access to— 
‘‘(A) any institution or entity outside of 
the Federal Government that is the subject of 
or related to an investigation under this section; 
and 
‘‘(B) any individual, document, record, ma-
terial, file, report, memorandum, policy, proce-
dure, investigation, video or audio recording or 
other media, or quality assurance report relat-
ing to any institution or entity outside of the 
Federal Government that is the subject of or 
related to an investigation under this section. 
‘‘(2) ISSUANCE
AND
SERVICE.—A subpoena 
issued under this subsection shall— 
‘‘(A) bear the signature of the Officer for 
Civil Rights and Civil Liberties; and 
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‘‘(B) be served by any person or class of 
persons designated by the Officer or an officer 
or employee designated for that purpose. 
‘‘(3) ENFORCEMENT.—In the case of contu-
macy or failure to obey a subpoena issued under this 
subsection, the United States district court for the 
judicial district in which the institution, entity, or 
individual is located may issue an order requiring 
compliance. Any failure to obey the order of the 
court may be punished by the court as contempt of 
that court. 
‘‘(4) USE OF INFORMATION.—Any material ob-
tained under a subpoena issued under this sub-
section— 
‘‘(A) may not be used for any purpose 
other than a purpose set forth in subsection (a); 
‘‘(B) may not be transmitted by or within 
the Department for any purpose other than a 
purpose set forth in subsection (a); and 
‘‘(C) shall be redacted, obscured, or other-
wise altered if used in any publicly available 
manner to the extent necessary to prevent the 
disclosure of any personally identifiable infor-
mation.’’. 
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SEC. 402. ENFORCEMENT—CIVIL RIGHTS COMPLIANCE. 
(a) THE OFFICER FOR CIVIL RIGHTS AND CIVIL LIB-
ERTIES.—The Officer for Civil Rights and Civil Liberties 
may— 
(1) request the assistance of the Inspector Gen-
eral to investigate compliance with civil rights pro-
tection standards and complaints of racial profiling 
by law enforcement agencies in contravention of the 
requirements of this Act; 
(2) suspend the eligibility of State, local or trib-
al law enforcement agency to receive, or revoke 
grants for violations of the requirements of this Act, 
until such time that the practices of the agency are 
brought into compliance with this Act; and 
(3) suspend the eligibility of State, local or trib-
al law enforcement agency to receive training at 
Federal law enforcement training facilities for viola-
tions of the requirements of this Act, until such time 
that the practices of the agency are brought into 
compliance with this Act. 
(b) 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. 
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(c) 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. 
(d) 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. 
(e) 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 V— DATA COLLECTION 
AND REPORTING 
SEC. 501. DATA COLLECTION. 
(a) DATA COLLECTION BY LAW ENFORCEMENT EN-
TITIES.—Law enforcement entities receiving grants or 
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training from the Department of Homeland Security 
shall— 
(1) collect data on all routine 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) utilize a standardized form, developed in co-
ordination with the Department of Justice, that 
shall be made available to law enforcement agencies 
for the submission of collected data; 
(4) compile data on the standardized form 
made available under paragraph (3), and submit the 
form to the Officer for Civil Rights and Civil Lib-
erties; 
(5) maintain all data collected under this Act 
for not less than 4 years; and 
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(6) protect 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. 
(b) DATA COLLECTION BY THE OFFICER FOR CIVIL 
RIGHTS AND CIVIL LIBERTIES.—The Officer for Civil 
Rights and Civil Liberties shall receive and maintain data 
from the States on— 
(1) the implementation of racial profiling edu-
cation curricula in State Peace Officer Standards 
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and Training or equivalent State-level program 
peace officer certification; 
(2) the adoption rate by State Peace Officer 
Standards and Training programs, of the Federal 
Law Enforcement Training Accreditation Board 
model practices on racial profiling; 
(3) the number of credible complaints of im-
proper racial profiling practices filed against State 
law enforcement entities, as collected under section 
301(c)(3); 
(4) the disposition of complaints of improper 
racial profiling practices filed against State law en-
forcement entities, as collected under section 
301(c)(3); 
(5) the disciplinary action by State law enforce-
ment entities against officers and agents adjudicated 
guilty of improper racial profiling practices, as col-
lected under section 301(c)(3); and 
(6) other relevant data submitted to other agen-
cies. 
SEC. 502. REPORTING TO CONGRESS. 
Section 345 of the Homeland Security Act of 2002 
(6 U.S.C. 345) is amended in subsection (b), by inserting 
the following: ‘‘The report shall include a section related 
to the enforcement of the Universal RESPECT Act.’’. 
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TITLE VI—CONSTRUCTION, SEV-
ERABILITY, AND EFFECTIVE 
DATE 
SEC. 601. CONSTRUCTION; SEVERABILITY. 
If any provision of this Act or any amendment made 
by this Act, or any application of such provision or amend-
ment to any person or circumstance, is held to be uncon-
stitutional, the remainder of the provisions of this Act and 
the amendments made by this Act and the application of 
the provision or amendment to any other person or cir-
cumstance shall not be affected. 
SEC. 602. EFFECTIVE DATE. 
This Act shall take effect 1 year after the date of 
enactment. 
TITLE VII—DEFINITIONS 
SEC. 701. DEFINITIONS. 
In this Act: 
(1) 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, gender, or religion in select-
ing which individual to subject to routine or sponta-
neous investigatory activities or in deciding upon the 
scope and substance of law enforcement activity fol-
lowing the initial investigatory procedure, except 
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when there is trustworthy information, relevant to 
the locality and timeframe, that links a person of a 
particular race, ethnicity, national origin, gender, or 
religion to an identified criminal incident or scheme. 
(2) 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. 
(G) Inspections and interviews of entrants 
into the United States that are more extensive 
than those customarily carried out. 
(H) Immigration-related workplace inves-
tigations. 
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(I) Such other types of law enforcement 
encounters about which statistical information 
is compiled for or by the Federal Bureau of In-
vestigation or the Department of Justice Bu-
reau of Justice Statistics. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Department of Homeland Secu-
rity. 
(4) 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. 
(5) FEDERAL
LAW
ENFORCEMENT
ASSIST-
ANCE.—The term ‘‘Federal law enforcement assist-
ance’’ means grants, infrastructure development, en-
dowments, or training provided by the Federal Gov-
ernment to State, local, or Indian tribal law enforce-
ment entities, as determined by the Secretary. 
(6) LAW
ENFORCEMENT
ENTITY.—The term 
‘‘law enforcement entity’’ means any Federal, State, 
local, or Indian tribal public agency or department 
engaged in the prevention, detection, or investigation 
of violations of criminal, immigration, or customs 
laws. 
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(7) 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. 
(8) COVERED PROGRAMS.—The term ‘‘covered 
programs’’ means any grant issued under sections 
604 through 607 of the Homeland Security Act of 
2002, or training at any Federal law enforcement 
training facility under the jurisdiction of the Depart-
ment of Homeland Security. 
(9) PEACE OFFICER STANDARDS AND TRAIN-
ING.—The term ‘‘State Peace Officer Standards and 
Training’’ or ‘‘POST’’ means all training or certifi-
cation required for licensure of State and local law 
enforcement officers within a State. The term shall 
be used synonymously with State programs of dif-
fering names. 
Æ 
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