187 
I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10151 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 (34 
U.S.C. 10381 et seq.), except that no program, 
project, or other activity specified in section 
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 ‘‘Indian tribe’’ in 
section 102 of the Federally Recognized Indian 
Tribe List Act of 1994 (25 U.S.C. 5130). 
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188 
(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.—The term ‘‘racial 
profiling’’ means the practice of a law enforcement 
agent or agency relying, to any degree, on actual or 
perceived race, ethnicity, national origin, religion, 
gender, gender identity, or sexual orientation in se-
lecting which individual to subject to routine or 
spontaneous investigatory activities or in deciding 
upon the scope and substance of law enforcement ac-
tivity following the initial investigatory procedure, 
except when there is trustworthy information, rel-
evant to the locality and timeframe, that links a per-
son with a particular characteristic described in this 
paragraph to an identified criminal incident or 
scheme. 
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189 
(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. 
(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. 
(I) Such other types of law enforcement 
encounters compiled for or by the Federal Bu-
reau of Investigation or the Department of Jus-
tice Bureau of Justice Statistics. 
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190 
(9) REASONABLE
REQUEST.—The term ‘‘rea-
sonable request’’ means all requests for information, 
except for those that— 
(A) are immaterial to the investigation; 
(B) would result in the unnecessary disclo-
sure of personal information; or 
(C) would place a severe burden on the re-
sources of the law enforcement agency given its 
size. 
(10) 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. 
(11) UNIT OF LOCAL GOVERNMENT.—The term 
‘‘unit of local government’’ means— 
(A) any city, county, township, town, bor-
ough, parish, village, or other general purpose 
political subdivision of a State; 
(B) any law enforcement district or judicial 
enforcement district that— 
(i) is established under applicable 
State law; and 
(ii) has the authority to, in a manner 
independent of other State entities, estab-
lish a budget and impose taxes; or 
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191 
(C) any Indian Tribe that performs law 
enforcement functions, as determined by the 
Secretary of the Interior. 
Subtitle A—Prohibition of Racial 
Profiling 
SEC. 1311. PROHIBITION. 
No law enforcement agent or law enforcement agency 
shall engage in racial profiling. 
SEC. 1312. ENFORCEMENT. 
(a) REMEDY.—The United States, or an individual 
injured by racial profiling, may enforce this subtitle 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 under this sub-
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. 
(c) NATURE OF PROOF.—Proof that the routine or 
spontaneous investigatory activities of law enforcement 
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