I 
113TH CONGRESS 
1ST SESSION H. R. 2851 
To eliminate racial profiling by law enforcement, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 30, 2013 
Mr. CONYERS (for himself, Mrs. BEATTY, Mr. BISHOP of Georgia, Mr. CAR-
SON of Indiana, Mrs. CHRISTENSEN, Ms. CHU, Ms. CLARKE, Mr. CLAY, 
Mr. COHEN, Mr. CUMMINGS, Ms. DEGETTE, Mr. DINGELL, Ms. 
EDWARDS, Mr. ELLISON, Mr. FARR, Ms. FUDGE, Mr. GRIJALVA, Mr. 
GUTIE´RREZ, Mr. HINOJOSA, Mr. HONDA, Ms. JACKSON LEE, Mr. LAR-
SEN of Washington, Ms. LEE of California, Mr. LEWIS, Ms. MCCOLLUM, 
Mr. MEEKS, Ms. MOORE, Mr. NADLER, Mrs. NAPOLITANO, Ms. NORTON, 
Mr. PAYNE, Mr. PETERS of Michigan, Mr. RANGEL, Mr. RICHMOND, Ms. 
SCHAKOWSKY, Mr. SCOTT of Virginia, Mr. SERRANO, Mr. THOMPSON of 
Mississippi, Mr. VAN HOLLEN, and Ms. WILSON of Florida) introduced 
the following bill; which was referred to the Committee 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 2013’’. 
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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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(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 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. 
(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— 
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(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 
(C) any Indian tribe that performs law en-
forcement functions, as determined by the Sec-
retary of the Interior. 
TITLE I—PROHIBITION OF 
RACIAL PROFILING 
SEC. 101. PROHIBITION. 
No law enforcement agent or law enforcement agency 
shall engage in racial profiling. 
SEC. 102. ENFORCEMENT. 
(a) 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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(b) 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. 
(c) 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. 
(d) 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. 
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TITLE II—PROGRAMS TO ELIMI-
NATE RACIAL PROFILING BY 
FEDERAL 
LAW 
ENFORCE-
MENT AGENCIES 
SEC. 201. POLICIES TO ELIMINATE RACIAL PROFILING. 
(a) IN GENERAL.—Federal law enforcement agencies 
shall— 
(1) maintain adequate policies and procedures 
designed to eliminate racial profiling; and 
(2) cease existing practices that permit racial 
profiling. 
(b) POLICIES.—The policies and procedures de-
scribed in subsection (a)(1) shall include— 
(1) a prohibition on racial profiling; 
(2) training on racial profiling issues as part of 
Federal law enforcement training; 
(3) the collection of data in accordance with the 
regulations issued by the Attorney General under 
section 401; 
(4) procedures for receiving, investigating, and 
responding meaningfully to complaints alleging ra-
cial profiling by law enforcement agents; and 
(5) any other policies and procedures the Attor-
ney General determines to be necessary to eliminate 
racial profiling by Federal law enforcement agencies. 
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TITLE III—PROGRAMS TO ELIMI-
NATE RACIAL PROFILING BY 
STATE, LOCAL, AND INDIAN 
TRIBAL LAW ENFORCEMENT 
AGENCIES 
SEC. 301. POLICIES REQUIRED FOR GRANTS. 
(a) IN GENERAL.—An application by a State, a unit 
of local government, or a State, local, or Indian tribal law 
enforcement agency for funding under a covered program 
shall include a certification that such State, unit of local 
government, or law enforcement agency, and any law en-
forcement agency to which it will distribute funds— 
(1) maintains adequate policies and procedures 
designed to eliminate racial profiling; and 
(2) has eliminated any existing practices that 
permit or encourage racial profiling. 
(b) POLICIES.—The policies and procedures de-
scribed in subsection (a)(1) shall include— 
(1) a prohibition on racial profiling; 
(2) training on racial profiling issues as part of 
law enforcement training; 
(3) the collection of data in accordance with the 
regulations issued by the Attorney General under 
section 401; and 
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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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