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S.1670 - End Racial Profiling Act of 2011
A bill to eliminate racial profiling by law enforcement, and for other purposes.
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Mr. CARDIN (for himself, Mr. BLUMENTHAL, Mr. DURBIN, Mrs. GILLIBRAND, Mr. KERRY, Mr. LAUTENBERG, Mr. LEVIN, Mr. MENENDEZ, Ms. MIKULSKI, and Ms. STABENOW) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
TITLE I--PROHIBITION OF RACIAL PROFILING
TITLE II--PROGRAMS TO ELIMINATE RACIAL PROFILING BY FEDERAL LAW ENFORCEMENT AGENCIES
TITLE III--PROGRAMS TO ELIMINATE RACIAL PROFILING BY STATE, LOCAL, AND INDIAN TRIBAL LAW ENFORCEMENT AGENCIES
TITLE IV--DATA COLLECTION
TITLE V--DEPARTMENT OF JUSTICE REGULATIONS AND REPORTS ON RACIAL PROFILING IN THE UNITED STATES
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 2. DEFINITIONS.
(A) the Edward Byrne Memorial Justice Assistance Grant Program under part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
(B) the ‘Cops on the Beat’ program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
(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) HIT RATE- The term ‘hit rate’ means the percentage of stops and searches in which a law enforcement officer finds drugs, a gun, or something else that leads to an arrest. The hit rate is calculated 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.CommentsClose CommentsPermalink
(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 violations of criminal, immigration, or customs laws.CommentsClose CommentsPermalink
(6) 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
(7) 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
(8) ROUTINE OR SPONTANEOUS INVESTIGATORY ACTIVITIES- The term ‘routine or spontaneous investigatory activities’ means the following activities by a law enforcement agent:CommentsClose CommentsPermalink
(E) Consensual or nonconsensual searches of the persons, property, or possessions (including vehicles) of individuals using any form of public or private transportation, including motorists and pedestrians.CommentsClose CommentsPermalink
(10) STATE- The term ‘State’ means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.CommentsClose CommentsPermalink
SEC. 101. PROHIBITION.
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
(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 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.CommentsClose CommentsPermalink
SEC. 201. POLICIES TO ELIMINATE RACIAL PROFILING.
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
SEC. 302. INVOLVEMENT OF ATTORNEY GENERAL.
(1) IN GENERAL- Not later than 6 months after the date of enactment of this Act and in consultation with stakeholders, including Federal, State, tribal, and local law enforcement agencies and community, professional, research, and civil rights organizations, the Attorney General shall issue regulations for the operation of administrative complaint procedures and independent audit programs to ensure that such programs and procedures provide an appropriate response to allegations of racial profiling by law enforcement agents or agencies.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 a grant from any covered program is not in compliance with the requirements of section 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 program, until the recipient 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 recipient of a grant from any covered program is not in compliance with the requirements of this title.CommentsClose CommentsPermalink
SEC. 303. DATA COLLECTION DEMONSTRATION PROJECT.
(1) IN GENERAL- The Attorney General may, through competitive grants or contracts, carry out a 2-year demonstration project for the purpose of developing and implementing data collection programs on the hit rates for stops and searches by law enforcement agencies. The data collected shall be disaggregated by race, ethnicity, national origin, and religion.CommentsClose CommentsPermalink
(3) ELIGIBLE GRANTEES- Grants or contracts under this section shall be awarded to law enforcement agencies that serve communities where there is a significant concentration of racial or ethnic minorities and that are not already collecting data voluntarily.CommentsClose CommentsPermalink
(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 education (as defined in section 101 of the Higher Education Act of 1965 (
SEC. 304. BEST PRACTICES DEVELOPMENT GRANTS.
(a) Grant Authorization- The Attorney General, through the Bureau of Justice Assistance, may make grants to States, local law enforcement agencies, and units of local government to develop and implement best practice devices and systems to eliminate racial profiling.CommentsClose CommentsPermalink
(3) The development and acquisition of feedback systems and technologies that identify officers or units of officers engaged in, or at risk of engaging in, racial profiling or other misconduct.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. 305. AUTHORIZATION OF APPROPRIATIONS.
SEC. 401. ATTORNEY GENERAL TO ISSUE REGULATIONS.
(a) Regulations- Not later than 6 months after the date of 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
(4) provide that law enforcement agencies shall compile data on the standardized form made available under paragraph (3), and submit the form to the Civil Rights Division and the Department of Justice Bureau of Justice Statistics;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(C) requiring contractors or other non-governmental 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); andCommentsClose CommentsPermalink
SEC. 402. PUBLICATION OF DATA.
The Department of Justice 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, excluding any personally identifiable information described in section 403.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
(3) subject to disclosure under
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
(1) IN GENERAL- Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to Congress a report on racial profiling by law enforcement agencies.CommentsClose CommentsPermalink
(A) a summary of data collected under sections 201(b)(3) and 301(b)(3) and from any other reliable source of information regarding racial profiling in the United States;CommentsClose CommentsPermalink
(C) the status of the adoption and implementation of policies and procedures by Federal law enforcement agencies under section 201 and by the State and local law enforcement agencies under sections 301 and 302; andCommentsClose CommentsPermalink
SEC. 601. SEVERABILITY.
If any provision of this Act, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of the remaining provisions of this Act to any person or circumstance shall not be affected thereby.CommentsClose CommentsPermalink
SEC. 602. SAVINGS CLAUSE.
(1) to limit legal or administrative remedies under section 1979 of the Revised Statutes of the United States (