I 
110TH CONGRESS 
1ST SESSION H. R. 4611 
To prohibit racial profiling. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 13, 2007 
Mr. CONYERS (for himself, Mr. SHAYS, Ms. WOOLSEY, Mr. ELLISON, Ms. 
MCCOLLUM of Minnesota, Mr. FALEOMAVAEGA, Mr. GENE GREEN of 
Texas, Mr. BERMAN, Mr. KUCINICH, Mr. COHEN, Mr. WATT, Mr. HIN-
CHEY, Mr. MEEK of Florida, Mr. RANGEL, Mr. BLUMENAUER, Mr. 
WYNN, Mr. GUTIERREZ, Mr. CLAY, Mr. OLVER, Mr. LANTOS, Mr. 
MCGOVERN, Mr. FRANK of Massachusetts, Ms. CORRINE BROWN of Flor-
ida, Ms. HIRONO, Mr. ABERCROMBIE, Mr. ANDREWS, Mr. GRIJALVA, Ms. 
JACKSON-LEE of Texas, Mr. JEFFERSON, Mr. FATTAH, Mr. FILNER, 
Mrs. MALONEY of New York, Ms. KILPATRICK, Mr. PRICE of North 
Carolina, Mr. PAYNE, Mr. NADLER, Ms. WATERS, Ms. DELAURO, Mr. 
HONDA, Mrs. MCCARTHY of New York, Mr. SERRANO, Mr. HASTINGS of 
Florida, Ms. LEE, Mr. FARR, Mr. DINGELL, Mr. WEXLER, Mr. SCOTT 
of Virginia, Mr. JOHNSON of Georgia, Mr. LARSEN of Washington, Ms. 
LORETTA
SANCHEZ
of California, Mr. BISHOP
of Georgia, Mr. 
CUMMINGS, Mr. RUSH, Ms. NORTON, Ms. BALDWIN, and Mr. ROTHMAN) 
introduced the following bill; which was referred to the Committee on the 
Judiciary 
A BILL 
To prohibit racial profiling. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘End Racial Profiling Act of 2007’’ or ‘‘ERPA’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings, purposes, and intent. 
Sec. 3. 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. Administrative complaint procedure or independent auditor program 
required for grants. 
Sec. 303. Involvement of Attorney General. 
Sec. 304. Data collection demonstration project. 
Sec. 305. Best practices development grants. 
Sec. 306. Authorization of appropriations. 
TITLE IV—DATA COLLECTION 
Sec. 401. Attorney General to issue regulations. 
Sec. 402. Publication of data. 
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. FINDINGS, PURPOSES, AND INTENT. 
(a) FINDINGS.—Congress finds the following: 
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(1) Federal, State, and local law enforcement 
agents play a vital role in protecting the public from 
crime and protecting the Nation from terrorism. The 
vast majority of law enforcement agents nationwide 
discharge their duties professionally and without 
bias. 
(2) The use by police officers of race, ethnicity, 
national origin, or religion in deciding which persons 
should be subject to traffic stops, stops and frisks, 
questioning, searches, and seizures is improper. 
(3) In his address to a joint session of Congress 
on February 27, 2001, President George W. Bush 
declared that ‘‘racial profiling is wrong and we will 
end it in America.’’. He directed the Attorney Gen-
eral to implement this policy. 
(4) In June 2003, the Department of Justice 
issued a Policy Guidance regarding racial profiling 
by Federal law enforcement agencies which stated: 
‘‘Racial profiling in law enforcement is not merely 
wrong, but also ineffective. Race-based assumptions 
in law enforcement perpetuate negative racial stereo-
types that are harmful to our rich and diverse de-
mocracy, and materially impair our efforts to main-
tain a fair and just society.’’. 
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(5) The Department of Justice Guidance is a 
useful first step, but does not achieve the President’s 
stated goal of ending racial profiling in America, 
as— 
(A) it does not apply to State and local law 
enforcement agencies; 
(B) it does not contain a meaningful en-
forcement mechanism; 
(C) it does not require data collection; and 
(D) it contains an overbroad exception for 
immigration and national security matters. 
(6) Current efforts by State and local govern-
ments to eradicate racial profiling and redress the 
harms it causes, while also laudable, have been lim-
ited in scope and insufficient to address this national 
problem. Therefore, Federal legislation is needed. 
(7) Statistical evidence from across the country 
demonstrates that racial profiling is a real and 
measurable phenomenon. 
(8) As of November 15, 2000, the Department 
of Justice had 14 publicly noticed, ongoing, pattern 
or practice investigations involving allegations of ra-
cial profiling and had filed 5 pattern or practice law-
suits involving allegations of racial profiling, with 4 
of those cases resolved through consent decrees. 
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(9) A large majority of individuals subjected to 
stops and other enforcement activities based on race, 
ethnicity, national origin, or religion are found to be 
law abiding and therefore racial profiling is not an 
effective means to uncover criminal activity. 
(10) A 2001 Department of Justice report on 
citizen-police contacts that occurred in 1999, found 
that, although Blacks and Hispanics were more like-
ly to be stopped and searched, they were less likely 
to be in possession of contraband. On average, 
searches and seizures of Black drivers yielded evi-
dence only 8 percent of the time, searches and sei-
zures of Hispanic drivers yielded evidence only 10 
percent of the time, and searches and seizures of 
White drivers yielded evidence 17 percent of the 
time. 
(11) A 2000 General Accounting Office report 
on the activities of the United States Customs Serv-
ice during fiscal year 1998 found that— 
(A) Black women who were United States 
citizens were 9 times more likely than White 
women who were United States citizens to be x- 
rayed after being frisked or patted down; 
(B) Black women who were United States 
citizens were less than half as likely as White 
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