HR 4611 IHCommentsClose CommentsPermalink

To prohibit racial profiling.CommentsClose CommentsPermalink

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. HINCHEY, 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 Florida, 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 JudiciaryCommentsClose CommentsPermalink

To prohibit racial profiling.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

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'.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Findings, purposes, and intent.CommentsClose CommentsPermalink





Sec. 3. Definitions.CommentsClose CommentsPermalink

TITLE I--PROHIBITION OF RACIAL PROFILING

Sec. 101. Prohibition.CommentsClose CommentsPermalink





Sec. 102. Enforcement.CommentsClose CommentsPermalink

TITLE II--PROGRAMS TO ELIMINATE RACIAL PROFILING BY FEDERAL LAW ENFORCEMENT AGENCIES

Sec. 201. Policies to eliminate racial profiling.CommentsClose CommentsPermalink

TITLE III--PROGRAMS TO ELIMINATE RACIAL PROFILING BY STATE, LOCAL, AND INDIAN TRIBAL LAW ENFORCEMENT AGENCIES

Sec. 301. Policies required for grants.CommentsClose CommentsPermalink





Sec. 302. Administrative complaint procedure or independent auditor program required for grants.CommentsClose CommentsPermalink





Sec. 303. Involvement of Attorney General.CommentsClose CommentsPermalink





Sec. 304. Data collection demonstration project.CommentsClose CommentsPermalink





Sec. 305. Best practices development grants.CommentsClose CommentsPermalink





Sec. 306. Authorization of appropriations.CommentsClose CommentsPermalink

TITLE IV--DATA COLLECTION

Sec. 401. Attorney General to issue regulations.CommentsClose CommentsPermalink





Sec. 402. Publication of data.CommentsClose CommentsPermalink





Sec. 403. Limitations on publication of data.CommentsClose CommentsPermalink

TITLE V--DEPARTMENT OF JUSTICE REGULATIONS AND REPORTS ON RACIAL PROFILING IN THE UNITED STATES

Sec. 501. Attorney General to issue regulations and reports.CommentsClose CommentsPermalink

TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 601. Severability.CommentsClose CommentsPermalink





Sec. 602. Savings clause.CommentsClose CommentsPermalink

SEC. 2. FINDINGS, PURPOSES, AND INTENT.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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 General to implement this policy.CommentsClose CommentsPermalink





(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 stereotypes that are harmful to our rich and diverse democracy, and materially impair our efforts to maintain a fair and just society.'.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) it does not apply to State and local law enforcement agencies;CommentsClose CommentsPermalink





(B) it does not contain a meaningful enforcement mechanism;CommentsClose CommentsPermalink





(C) it does not require data collection; andCommentsClose CommentsPermalink





(D) it contains an overbroad exception for immigration and national security matters.CommentsClose CommentsPermalink





(6) Current efforts by State and local governments to eradicate racial profiling and redress the harms it causes, while also laudable, have been limited in scope and insufficient to address this national problem. Therefore, Federal legislation is needed.CommentsClose CommentsPermalink





(7) Statistical evidence from across the country demonstrates that racial profiling is a real and measurable phenomenon.CommentsClose CommentsPermalink





(8) As of November 15, 2000, the Department of Justice had 14 publicly noticed, ongoing, pattern or practice investigations involving allegations of racial profiling and had filed 5 pattern or practice lawsuits involving allegations of racial profiling, with 4 of those cases resolved through consent decrees.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(10) A 2001 Department of Justice report on citizen-police contacts that occurred in 1999, found that, although Blacks and Hispanics were more likely to be stopped and searched, they were less likely to be in possession of contraband. On average, searches and seizures of Black drivers yielded evidence only 8 percent of the time, searches and seizures 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.CommentsClose CommentsPermalink





(11) A 2000 General Accounting Office report on the activities of the United States Customs Service during fiscal year 1998 found that--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(B) Black women who were United States citizens were less than half as likely as White women who were United States citizens to be found carrying contraband; andCommentsClose CommentsPermalink





(C) in general, the patterns used to select passengers for more intrusive searches resulted in women and minorities being selected at rates that were not consistent with the rates of finding contraband.CommentsClose CommentsPermalink





(12) A 2005 report of the Bureau of Justice Statistics of the Department of Justice on citizen-police contacts that occurred in 2002, found that, although Whites, Blacks, and Hispanics were stopped by the police at the same rate--CommentsClose CommentsPermalink





(A) Blacks and Hispanics were much more likely to be arrested than Whites;CommentsClose CommentsPermalink





(B) Hispanics were much more likely to be ticketed than Blacks or Whites;CommentsClose CommentsPermalink





(C) Blacks and Hispanics were much more likely to report the use or threatened use of force by a police officer;CommentsClose CommentsPermalink





(D) Blacks and Hispanics were much more likely to be handcuffed than Whites; andCommentsClose CommentsPermalink





(E) Blacks and Hispanics were much more likely to have their vehicles searched than Whites.CommentsClose CommentsPermalink





(13) In some jurisdictions, local law enforcement practices, such as ticket and arrest quotas and similar management practices, may have the unintended effect of encouraging law enforcement agents to engage in racial profiling.CommentsClose CommentsPermalink





(14) Racial profiling harms individuals subjected to it because they experience fear, anxiety, humiliation, anger, resentment, and cynicism when they are unjustifiably treated as criminal suspects. By discouraging individuals from traveling freely, racial profiling impairs both interstate and intrastate commerce.CommentsClose CommentsPermalink





(15) Racial profiling damages law enforcement and the criminal justice system as a whole by undermining public confidence and trust in the police, the courts, and the criminal law.CommentsClose CommentsPermalink





(16) In the wake of the September 11, 2001, terrorist attacks, many Arabs, Muslims, Central and South Asians, and Sikhs, as well as other immigrants and Americans of foreign descent, were treated with generalized suspicion and subjected to searches and seizures based upon religion and national origin, without trustworthy information linking specific individuals to criminal conduct. Such profiling has failed to produce tangible benefits, yet has created a fear and mistrust of law enforcement agencies in these communities.CommentsClose CommentsPermalink





(17) Racial profiling violates the equal protection clause of the fourteenth amendment to the Constitution 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).CommentsClose CommentsPermalink





(18) Racial profiling is not adequately addressed 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 officer 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 prosecution and no evidence to suppress.CommentsClose CommentsPermalink





(19) A comprehensive national solution is needed to address racial profiling at the Federal, State, and local levels. Federal support is needed to combat racial profiling through specialized training of law enforcement agents, improved management systems, and the acquisition of technology such as in-car video cameras.CommentsClose CommentsPermalink





(b) Purposes- The purposes of this Act are--CommentsClose CommentsPermalink





(1) to enforce the constitutional right to equal protection of the laws, pursuant to the fifth amendment and section 5 of the fourteenth amendment to the Constitution of the United States;CommentsClose CommentsPermalink





(2) to enforce the constitutional right to protection against unreasonable searches and seizures, pursuant to the fourteenth amendment to the Constitution of the United States;CommentsClose CommentsPermalink





(3) to enforce the constitutional right to interstate travel, pursuant to section 2 of article IV of the Constitution of the United States; andCommentsClose CommentsPermalink





(4) to regulate interstate commerce, pursuant to clause 3 of section 8 of article I of the Constitution of the United States.CommentsClose CommentsPermalink





(c) Intent- This Act is not intended to and should not impede the ability of Federal, State, and local law enforcement to protect the country and its people from any threat, be it foreign or domestic.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) COVERED PROGRAM- The term `covered program' means any program or activity funded in whole or in part with funds made available under--CommentsClose CommentsPermalink





(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.)); andCommentsClose CommentsPermalink





(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)).CommentsClose CommentsPermalink





(2) GOVERNMENTAL BODY- The term `governmental body' means any department, agency, special purpose district, or other instrumentality of Federal, State, local, or Indian tribal government.CommentsClose CommentsPermalink





(3) INDIAN TRIBE- The term `Indian tribe' has the same meaning as in section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603)).CommentsClose CommentsPermalink





(4) 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 violations of criminal, immigration, or customs laws.CommentsClose CommentsPermalink





(5) LAW ENFORCEMENT AGENT- The term `law enforcement agent' means any Federal, State, local, or Indian tribal official responsible for enforcing criminal, immigration, or customs laws, including police officers and other agents of a law enforcement agency.CommentsClose CommentsPermalink





(6) RACIAL PROFILING- The term `racial profiling' means the practice of a law enforcement agent or agency relying, to any degree, on race, ethnicity, national origin, or religion in selecting which individual to subject to routine or spontaneous investigatory 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.CommentsClose CommentsPermalink





(7) ROUTINE OR SPONTANEOUS INVESTIGATORY ACTIVITIES- The term `routine or spontaneous investigatory activities' means the following activities by a law enforcement agent:CommentsClose CommentsPermalink





(A) Interviews.CommentsClose CommentsPermalink





(B) Traffic stops.CommentsClose CommentsPermalink





(C) Pedestrian stops.CommentsClose CommentsPermalink





(D) Frisks and other types of body searches.CommentsClose CommentsPermalink





(E) Consensual or nonconsensual searches of the persons or possessions (including vehicles) of motorists or pedestrians.CommentsClose CommentsPermalink





(F) Inspections and interviews of entrants into the United States that are more extensive than those customarily carried out.CommentsClose CommentsPermalink





(G) Immigration related workplace investigations.CommentsClose CommentsPermalink





(H) Such other types of law enforcement encounters compiled by the Federal Bureau of Investigation and the Justice Departments Bureau of Justice Statistics.CommentsClose CommentsPermalink





(8) REASONABLE REQUEST- The term `reasonable request' means all requests for information, except for those that--CommentsClose CommentsPermalink





(A) are immaterial to the investigation;CommentsClose CommentsPermalink





(B) would result in the unnecessary exposure of personal information; orCommentsClose CommentsPermalink





(C) would place a severe burden on the resources of the law enforcement agency given its size.CommentsClose CommentsPermalink





(9) UNIT OF LOCAL GOVERNMENT- The term `unit of local government' means--CommentsClose CommentsPermalink





(A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State;CommentsClose CommentsPermalink





(B) any law enforcement district or judicial enforcement district that--CommentsClose CommentsPermalink





(i) is established under applicable State law; andCommentsClose CommentsPermalink





(ii) has the authority to, in a manner independent of other State entities, establish a budget and impose taxes;CommentsClose CommentsPermalink





(C) any Indian tribe that performs law enforcement functions, as determined by the Secretary of the Interior; orCommentsClose CommentsPermalink





(D) for the purposes of assistance eligibility, any agency of the government of the District of Columbia or the Federal Government that performs law enforcement functions in and for--CommentsClose CommentsPermalink





(i) the District of Columbia; orCommentsClose CommentsPermalink





(ii) any Trust Territory of the United States.CommentsClose CommentsPermalink

TITLE I--PROHIBITION OF RACIAL PROFILING

SEC. 101. PROHIBITION.

No law enforcement agent or law enforcement agency shall engage in racial profiling.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Parties- In any action brought under this title, relief may be obtained against--CommentsClose CommentsPermalink





(1) any governmental body that employed any law enforcement agent who engaged in racial profiling;CommentsClose CommentsPermalink





(2) any agent of such body who engaged in racial profiling; andCommentsClose CommentsPermalink





(3) any person with supervisory authority over such agent.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Attorney's Fees- In any action or proceeding to enforce this title against any governmental unit, 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.CommentsClose CommentsPermalink

TITLE II--PROGRAMS TO ELIMINATE RACIAL PROFILING BY FEDERAL LAW ENFORCEMENT AGENCIES

SEC. 201. POLICIES TO ELIMINATE RACIAL PROFILING.

(a) In General- Federal law enforcement agencies shall--CommentsClose CommentsPermalink





(1) maintain adequate policies and procedures designed to eliminate racial profiling; andCommentsClose CommentsPermalink





(2) cease existing practices that permit racial profiling.CommentsClose CommentsPermalink





(b) Policies- The policies and procedures described in subsection (a)(1) shall include--CommentsClose CommentsPermalink





(1) a prohibition on racial profiling;CommentsClose CommentsPermalink





(2) training on racial profiling issues as part of Federal law enforcement training;CommentsClose CommentsPermalink





(3) the collection of data in accordance with the regulations issued by the Attorney General under section 401;CommentsClose CommentsPermalink





(4) procedures for receiving, investigating, and responding meaningfully to complaints alleging racial profiling by law enforcement agents;CommentsClose CommentsPermalink





(5) policies requiring that corrective action be taken when law enforcement agents are determined to have engaged in racial profiling; andCommentsClose CommentsPermalink





(6) such other policies or procedures that the Attorney General deems necessary to eliminate racial profiling.CommentsClose CommentsPermalink

TITLE III--PROGRAMS TO ELIMINATE 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 enforcement agency to which it will distribute funds--CommentsClose CommentsPermalink





(1) maintains adequate policies and procedures designed to eliminate racial profiling; andCommentsClose CommentsPermalink





(2) has eliminated any existing practices that permit or encourage racial profiling.CommentsClose CommentsPermalink





(b) Policies- The policies and procedures described in subsection (a)(1) shall include--CommentsClose CommentsPermalink





(1) a prohibition on racial profiling;CommentsClose CommentsPermalink





(2) training on racial profiling issues as part of law enforcement training;CommentsClose CommentsPermalink





(3) the collection of data in accordance with the regulations issued by the Attorney General under section 401;CommentsClose CommentsPermalink





(4) participation in an administrative complaint procedure or independent auditor program that meets the requirements of section 302;CommentsClose CommentsPermalink





(5) policies requiring that corrective action be taken when law enforcement agents are determined to have engaged in racial profiling; andCommentsClose CommentsPermalink





(6) such other policies or procedures that the Attorney General deems necessary to eliminate racial profiling.CommentsClose CommentsPermalink





(c) Effective Date- This section shall take effect 12 months after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 302. ADMINISTRATIVE COMPLAINT PROCEDURE OR INDEPENDENT AUDITOR PROGRAM REQUIRED FOR GRANTS.

(a) Establishment of Administrative Complaint Procedure or Independent Auditor Program- An application by a State or unit of local government for funding under a covered program shall include a certification that the applicant has established and is maintaining, for each law enforcement agency of the applicant, either--CommentsClose CommentsPermalink





(1) an administrative complaint procedure that meets the requirements of subsection (b); orCommentsClose CommentsPermalink





(2) an independent auditor program that meets the requirements of subsection (c).CommentsClose CommentsPermalink





(b) Requirements for Administrative Complaint Procedure- To meet the requirements of this subsection, an administrative complaint procedure shall--CommentsClose CommentsPermalink





(1) allow any person who believes there has been a violation of section 101 to file a complaint;CommentsClose CommentsPermalink





(2) allow a complaint to be made--CommentsClose CommentsPermalink





(A) in writing or orally;CommentsClose CommentsPermalink





(B) in person or by mail, telephone, facsimile, or electronic mail; andCommentsClose CommentsPermalink





(C) anonymously or through a third party;CommentsClose CommentsPermalink





(3) require that the complaint be investigated and heard by an independent review board that--CommentsClose CommentsPermalink





(A) is located outside of any law enforcement agency or the law office of the State or unit of local government;CommentsClose CommentsPermalink





(B) includes, as at least a majority of its members, individuals who are not employees of the State or unit of local government;CommentsClose CommentsPermalink





(C) does not include as a member any individual who is then serving as a law enforcement agent;CommentsClose CommentsPermalink





(D) possesses the power to request all relevant information from a law enforcement agency; andCommentsClose CommentsPermalink





(E) possesses staff and resources sufficient to perform the duties assigned to the independent review board under this subsection;CommentsClose CommentsPermalink





(4) provide that the law enforcement agency shall comply with all reasonable requests for information in a timely manner;CommentsClose CommentsPermalink





(5) require the review board to inform the Attorney General when a law enforcement agency fails to comply with a request for information under this subsection;CommentsClose CommentsPermalink





(6) provide that a hearing be held, on the record, at the request of the complainant;CommentsClose CommentsPermalink





(7) provide for an appropriate remedy, and publication of the results of the inquiry by the review board, if the review board determines that a violation of section 101 has occurred;CommentsClose CommentsPermalink





(8) provide that the review board shall dismiss the complaint and publish the results of the inquiry by the review board, if the review board determines that no violation has occurred;CommentsClose CommentsPermalink





(9) provide that the review board shall make a final determination with respect to a complaint in a reasonably timely manner;CommentsClose CommentsPermalink





(10) provide that a record of all complaints and proceedings be sent to the Civil Rights Division and the Bureau of Justice Statistics of the Department of Justice;CommentsClose CommentsPermalink





(11) provide that no published information shall reveal the identity of the law enforcement officer, the complainant, or any other individual who is involved in a detention; andCommentsClose CommentsPermalink





(12) otherwise operate in a manner consistent with regulations promulgated by the Attorney General under section 303.CommentsClose CommentsPermalink





(c) Requirements for Independent Auditor Program- To meet the requirements of this subsection, an independent auditor program shall--CommentsClose CommentsPermalink





(1) provide for the appointment of an independent auditor who is not a sworn officer or employee of a law enforcement agency;CommentsClose CommentsPermalink





(2) provide that the independent auditor be given staff and resources sufficient to perform the duties of the independent auditor program under this section;CommentsClose CommentsPermalink





(3) provide that the independent auditor be given full access to all relevant documents and data of a law enforcement agency;CommentsClose CommentsPermalink





(4) require the independent auditor to inform the Attorney General when a law enforcement agency fails to comply with a request for information under this subsection;CommentsClose CommentsPermalink





(5) require the independent auditor to issue a public report each year that--CommentsClose CommentsPermalink





(A) addresses the efforts of each law enforcement agency of the State or unit of local government to combat racial profiling; andCommentsClose CommentsPermalink





(B) recommends any necessary changes to the policies and procedures of any law enforcement agency;CommentsClose CommentsPermalink





(6) require that each law enforcement agency issue a public response to each report issued by the auditor under paragraph (5);CommentsClose CommentsPermalink





(7) provide that the independent auditor, upon determining that a law enforcement agency is not in compliance with this Act, shall forward the public report directly to the Attorney General;CommentsClose CommentsPermalink





(8) provide that the independent auditor shall engage in community outreach on racial profiling issues; andCommentsClose CommentsPermalink





(9) otherwise operate in a manner consistent with regulations promulgated by the Attorney General under section 303.CommentsClose CommentsPermalink





(d) Local Use of State Complaint Procedure or Independent Auditor Program-CommentsClose CommentsPermalink





(1) IN GENERAL- A State shall permit a unit of local government within its borders to use the administrative complaint procedure or independent auditor program it establishes under this section.CommentsClose CommentsPermalink





(2) EFFECT OF USE- A unit of local government shall be deemed to have established and maintained an administrative complaint procedure or independent auditor program for purposes of this section if the unit of local government uses the administrative complaint procedure or independent auditor program of either the State in which it is located, or another unit of local government in the State in which it is located.CommentsClose CommentsPermalink





(e) Effective Date- This section shall go into effect 12 months after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 303. INVOLVEMENT OF ATTORNEY GENERAL.

(a) Regulations-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 6 months after the date of enactment of this Act and in consultation with stakeholders, including Federal, State, and local law enforcement agencies and community, professional, research, and civil rights organizations, the Attorney General shall issue regulations for the operation of the administrative complaint procedures and independent auditor programs required under subsections (b) and (c) of section 302.CommentsClose CommentsPermalink





(2) GUIDELINES- The regulations issued under paragraph (1) shall contain guidelines that ensure the fairness, effectiveness, and independence of the administrative complaint procedures and independent auditor programs.CommentsClose CommentsPermalink





(b) Noncompliance- If the Attorney General determines that the recipient of any covered grant is not in compliance with the requirements of section 301 or 302 or the regulations issued under subsection (a), the Attorney General shall withhold, in whole or in part, funds for 1 or more covered grants, until the grantee establishes compliance.CommentsClose CommentsPermalink





(c) Private Parties- The Attorney General shall provide notice and an opportunity for private parties to present evidence to the Attorney General that a grantee is not in compliance with the requirements of this title.CommentsClose CommentsPermalink

SEC. 304. DATA COLLECTION DEMONSTRATION PROJECT.

(a) In General- The Attorney General shall, through competitive grants or contracts, carry out a 2-year demonstration project for the purpose of developing and implementing data collection on hit rates for stops and searches. The data shall be disaggregated by race, ethnicity, national origin, and religion.CommentsClose CommentsPermalink





(b) Competitive Awards- The Attorney General shall provide not more than 5 grants or contracts to police departments that--CommentsClose CommentsPermalink





(1) are not already collecting data voluntarily or otherwise; andCommentsClose CommentsPermalink





(2) serve communities where there is a significant concentration of racial or ethnic minorities.CommentsClose CommentsPermalink





(c) Required Activities- Activities carried out under subsection (b) shall include--CommentsClose CommentsPermalink





(1) developing a data collection tool;CommentsClose CommentsPermalink





(2) training of law enforcement personnel on data collection;CommentsClose CommentsPermalink





(3) collecting data on hit rates for stops and searches; andCommentsClose CommentsPermalink





(4) reporting the compiled data to the Attorney General.CommentsClose CommentsPermalink





(d) 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 education to analyze the data collected by each of the 5 sites funded under this section.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There are authorized to be appropriated to carry out activities under this section--CommentsClose CommentsPermalink





(1) $5,000,000, over a 2-year period for a demonstration project on 5 sites; andCommentsClose CommentsPermalink





(2) $500,000 to carry out the evaluation in subsection (d).CommentsClose CommentsPermalink

SEC. 305. BEST PRACTICES DEVELOPMENT GRANTS.

(a) Grant Authorization- The Attorney General, through the Bureau of Justice Assistance, may make grants to States, law enforcement agencies, and units of local government to develop and implement best practice devices and systems to eliminate racial profiling.CommentsClose CommentsPermalink





(b) Use of Funds- The funds provided under subsection (a) may be used for--CommentsClose CommentsPermalink





(1) the development and implementation of training to prevent racial profiling and to encourage more respectful interaction with the public;CommentsClose CommentsPermalink





(2) the acquisition and use of technology to facilitate the collection of data regarding routine investigatory activities sufficient to permit an analysis of these activities by race, ethnicity, national origin, and religion;CommentsClose CommentsPermalink





(3) the analysis of data collected by law enforcement agencies to determine whether the data indicate the existence of racial profiling;CommentsClose CommentsPermalink





(4) the acquisition and use of technology to verify the accuracy of data collection, including in-car video cameras and portable computer systems;CommentsClose CommentsPermalink





(5) the development and acquisition of early warning systems and other feedback systems that help identify officers or units of officers engaged in, or at risk of engaging in, racial profiling or other misconduct, including the technology to support such systems;CommentsClose CommentsPermalink





(6) the establishment or improvement of systems and procedures for receiving, investigating, and responding meaningfully to complaints alleging racial, ethnic, or religious bias by law enforcement agents;CommentsClose CommentsPermalink





(7) the establishment or improvement of management systems to ensure that supervisors are held accountable for the conduct of their subordinates; andCommentsClose CommentsPermalink





(8) the establishment and maintenance of an administrative complaint procedure or independent auditor program under section 302.CommentsClose CommentsPermalink





(c) Equitable Distribution- The Attorney General shall ensure that grants under this section are awarded in a manner that reserves an equitable share of funding for small and rural law enforcement agencies.CommentsClose CommentsPermalink





(d) Application- Each State, local law enforcement agency, or unit of local government desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require.CommentsClose CommentsPermalink

SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out this title.CommentsClose CommentsPermalink

TITLE IV--DATA COLLECTION

SEC. 401. ATTORNEY GENERAL TO ISSUE REGULATIONS.

(a) Regulations- Not later than 6 months after the enactment of this Act, the Attorney General, in consultation with stakeholders, including Federal, State, and local law enforcement agencies and community, professional, research, and civil rights organizations, shall issue regulations for the collection and compilation of data under sections 201 and 301.CommentsClose CommentsPermalink





(b) Requirements- The regulations issued under subsection (a) shall--CommentsClose CommentsPermalink





(1) provide for the collection of data on all routine or spontaneous investigatory activities;CommentsClose CommentsPermalink





(2) provide that the data collected shall--CommentsClose CommentsPermalink





(A) be collected by race, ethnicity, national origin, gender, and religion, as perceived by the law enforcement officer;CommentsClose CommentsPermalink





(B) include the date, time, and location of the investigatory activities; andCommentsClose CommentsPermalink





(C) include detail sufficient to permit an analysis of whether a law enforcement agency is engaging in racial profiling;CommentsClose CommentsPermalink





(3) provide that a standardized form shall be made available to law enforcement agencies for the submission of collected data to the Department of Justice;CommentsClose CommentsPermalink





(4) provide that law enforcement agencies shall compile data on the standardized form created under paragraph (3), and submit the form to the Civil Rights Division and the Bureau of Justice Statistics of the Department of Justice;CommentsClose CommentsPermalink





(5) provide that law enforcement agencies shall maintain all data collected under this Act for not less than 4 years;CommentsClose CommentsPermalink





(6) include guidelines for setting comparative benchmarks, consistent with best practices, against which collected data shall be measured; andCommentsClose CommentsPermalink





(7) provide that the Bureau of Justice Statistics shall--CommentsClose CommentsPermalink





(A) analyze the data for any statistically significant disparities, including--CommentsClose CommentsPermalink





(i) disparities in the percentage of drivers or pedestrians stopped relative to the proportion of the population passing through the neighborhood;CommentsClose CommentsPermalink





(ii) disparities in the percentage of false stops relative to the percentage of drivers or pedestrians stopped; andCommentsClose CommentsPermalink





(iii) disparities in the frequency of searches performed on minority drivers and the frequency of searches performed on non-minority drivers; andCommentsClose CommentsPermalink





(B) not later than 3 years after the date of enactment of this Act, and annually thereafter, prepare a report regarding the findings of the analysis conducted under subparagraph (A) and provide the report to Congress and make the report available to the public, including on a website of the Department of Justice.CommentsClose CommentsPermalink

SEC. 402. PUBLICATION OF DATA.

The Bureau of Justice Statistics shall provide to Congress and make available to the public, together with each annual report described in section 401, the data collected pursuant to this Act.CommentsClose CommentsPermalink

SEC. 403. LIMITATIONS ON PUBLICATION OF DATA.

The name or identifying information of a law enforcement officer, complainant, or any other individual involved in any activity for which data is collected and compiled under this Act shall not be--CommentsClose CommentsPermalink





(1) released to the public;CommentsClose CommentsPermalink





(2) disclosed to any person, except for such disclosures as are necessary to comply with this Act; orCommentsClose CommentsPermalink





(3) subject to disclosure under section 552 of title 5, United States Code (commonly know as the Freedom of Information Act).CommentsClose CommentsPermalink

TITLE V--DEPARTMENT OF JUSTICE REGULATIONS AND REPORTS ON RACIAL PROFILING IN THE UNITED STATES

SEC. 501. ATTORNEY GENERAL TO ISSUE REGULATIONS AND REPORTS.

(a) Regulations- In addition to the regulations required under sections 303 and 401, the Attorney General shall issue such other regulations as the Attorney General determines are necessary to implement this Act.CommentsClose CommentsPermalink





(b) Reports-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 2 years after the date of enactment of this Act, and each year thereafter, the Attorney General shall submit to Congress a report on racial profiling by law enforcement agencies.CommentsClose CommentsPermalink





(2) SCOPE- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a summary of data collected under sections 201(b)(3) and 301(b)(1)(C) and from any other reliable source of information regarding racial profiling in the United States;CommentsClose CommentsPermalink





(B) a discussion of the findings in the most recent report prepared by the Bureau of Justice Statistics under section 401(a)(8);CommentsClose CommentsPermalink





(C) the status of the adoption and implementation of policies and procedures by Federal law enforcement agencies under section 201;CommentsClose CommentsPermalink





(D) the status of the adoption and implementation of policies and procedures by State and local law enforcement agencies under sections 301 and 302; andCommentsClose CommentsPermalink





(E) a description of any other policies and procedures that the Attorney General believes would facilitate the elimination of racial profiling.CommentsClose CommentsPermalink

TITLE VI--MISCELLANEOUS PROVISIONS

SEC. 601. SEVERABILITY.

If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provisions of this Act to any person or circumstance shall not be affected thereby.CommentsClose CommentsPermalink

SEC. 602. SAVINGS CLAUSE.

Nothing in this Act shall be construed to limit legal or administrative remedies under section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983), section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14141), the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3701 et seq.), and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).CommentsClose CommentsPermalink