,i #aacth ,,congress #ast ,session ,h4 ,r4 #cefj ,,in ,,the ,,house ,,of ,,representatives ,november #bj1 #bjac,mr4 ,horsford 7for himself1 ,mr4 ,conyers1 and ,mr4 ,thompson of ,mississippi7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,homeland ,security1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to mandate the basic educational1 regulatory1 and management actions necessary for the prevention of racial profiling practices by law enforcement4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,universal ,racial ,profiling ,elimination ,standards1 and ,procedures for ,effective ,constitutional ,rights ,training ,act or the ,universal ,,respect ,act4 7b7 ,table of ,contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,title ,i--,,prohibition ,,of ,,racial ,,profiling ,,and ,,review ,,of ,,federal ,,practices ,,in ,,law ,e,n,f,o,r,c,e,m,e,n,t,sec4 #aja4 ,prohibition4,sec4 #ajb4 ,review of ,federal practices in law enforcement4,title ,,ii--,,law ,,enforcement ,,education ,r,e,f,o,r,m,s,sec4 #bja4 ,the ,federal ,law ,enforcement ,training ,center4,sec4 #bjb4 ,the ,federal ,law ,enforcement ,training ,accreditation ,board4,sec4 #bjc4 ,state law enforcement officer standards and training authorities4,title ,,iii--,,prohibition ,,on ,,racial ,p,r,o,f,i,l,i,n,g,sec4 #cja4 ,recipients of ,department of ,homeland ,security grants for law enforcement4,title ,,iv--,,law ,,enforcement ,,racial ,,profiling ,,review1 ,,oversight1 ,,and ,r,e,v,i,e,w,sec4 #dja4 ,officer for civil rights and civil liberties4,sec4 #djb4 ,enforcement--civil rights compliance4,title ,v-- ,,data ,,collection ,,and ,r,e,p,o,r,t,i,n,g,sec4 #eja4 ,data collection4,sec4 #ejb4 ,reporting to ,congress4,title ,,vi--,,construction1 ,,severability1 ,,and ,,effective ,d,a,t,e,sec4 #fja4 ,construction2 severability4,sec4 #fjb4 ,effective date4,title ,,vii--,d,e,f,i,n,i,t,i,o,n,s,sec4 #gja4 ,definitions4 ,i ,,prohibition ,,of ,,racial ,,profiling ,,and ,,review ,,of ,,federal ,,practices ,,in ,,law ,,enforcement #aja4 ,prohibition ,no ,federal law enforcement agent shall engage in racial profiling4 #ajb4 ,review of ,federal practices in law enforcement 7a7 ,in general ,not later than #a year after the date of enactment of this ,act-- 7#a7 the ,attorney ,general shall review all applicable law enforcement policies and procedures to ensure that they are sufficient to eliminate the practice of racial profiling as defined in this ,act1 while performing official law enforcement duties2 and 7#b7 the ,secretary of ,homeland ,security shall ensure that no recipient of covered ,federal law enforcement assistance1 as defined in title ,,vii of this ,act1 engages in racial profiling4 7b7 ,the ,advisory ,board ,the ,attorney ,general shall conduct the review in consultation with an ,advisory ,board comprised of stakeholders including representatives from ,federal1 ,state1 and local law enforcement agencies1 ,,post ,commissions1 law enforcement labor organizations1 and professional1 research1 and civil rights and civil liberty organizations4 7c7 ,updates published ,the ,attorney ,general or ,secretary of ,homeland ,security may publish in the ,federal ,register updates to covered programs in accordance with this ,act4 ,,ii ,,law ,,enforcement ,,education ,,reforms #bja4 ,the ,federal ,law ,enforcement ,training ,center ,not later than #b years after the enactment of this ,act1 the ,secretary of ,homeland ,security1 acting through the ,officer for ,civil ,rights and ,civil ,liberties and the ,director of the ,federal ,law ,enforcement ,training ,center1 shall develop and incorporate any necessary changes to all training1 curriculum1 and professional certification classes provided by the ,federal ,law ,enforcement ,training ,center to ensure consistency with the requirements of this ,act4 #bjb4 ,the ,federal ,law ,enforcement ,training ,accreditation ,board 7a7 ,in general ,not later than #b years after the enactment of this ,act1 the ,secretary of ,homeland ,security1 acting through the ,officer for ,civil ,rights and ,civil ,liberties and the ,director of the ,federal ,law ,enforcement ,training ,center1 and in consultation with the ,federal ,law ,enforcement ,training ,accreditation ,board and the ,advisory ,board1 shall develop and incorporate any necessary changes to all training1 curriculum1 and professional certification classes to ensure consistency with the requirements of this ,act4 7b7 ,model practices ,the ,secretary of ,homeland ,security1 acting through the ,director of the ,federal ,law ,enforcement ,training ,center shall identify1 develop1 and update as necessary1 model practices that prevent racial profiling practices4 ,the ,board shall widely disseminate to1 and incorporate these practices into the law enforcement community through the ,federal ,law ,enforcement ,training ,accreditation ,model ,practice ,clearinghouse and other means4 7c7 ,accreditation ,the ,federal ,law ,enforcement ,training ,accreditation ,board1 in consultation with the ,officer for ,civil ,rights and ,civil ,liberties1 shall develop a standard of review of anti-racial profiling components of law enforcement training curricula4 ,the ,federal ,law ,enforcement ,training ,accreditation ,board shall incorporate into the accreditation process a review that shall include at a minimum-- 7#a7 the sufficiency of the anti-racial profiling training curriculum2 7#b7 procedures implemented by the applicant to identify racial profiling practices by the applicant1 if any2 7#c7 procedures implemented by the applicant to prevent racial profiling practices by the applicant1 or its individual agents or officers2 7#d7 the sufficiency of the applicant's remedial measures and disciplinary guidelines to prevent racial profiling practices2 and 7#e7 the capacity of the applicant to collect and maintain civil rights data as defined by title ,,vii of this ,act4 7d7 ,denial ,the ,board shall deny accreditation or reaccreditation to academies1 programs1 and instructors not meeting the ,federal ,law ,enforcement ,training ,accreditation ,board's standards prepared under subsection 7c74 #bjc4 ,state law enforcement officer standards and training authorities 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,homeland ,security1 acting through the ,office for ,state and ,local ,government ,coordination established under ,section #cfa of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cfa7 and the ,officer for ,civil ,rights and ,civil ,liberties shall review the ,peace ,officer ,standards and ,training or equivalent program of the ,states1 as defined in title ,,vii of this ,act1 to assess the anti-racial profiling education component of these curricula4 ,the ,secretary shall notify ,states of deficiencies in the curriculum that do not meet the minimum anti-racial profiling standards developed by the ,federal ,law ,enforcement ,training ,accreditation ,board4 7b7 ,assistance ,the ,secretary of ,homeland ,security shall make available to the ,states assistance to develop sufficient curriculum to meet minimum anti-racial profiling standards4 ,,iii ,,prohibition ,,on ,,racial ,,profiling #cja4 ,recipients of ,department of ,homeland ,security grants for law enforcement 7a7 ,in general ,section #fjc of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjc7 is amended by inserting after subsection 7a7 the following3 7b7 ,state1 local1 and tribal government recipients of grants under sections #fjd through #fjg of this title shall certify that they do not engage in racial profiling4 4 7b7 ,in general ,the ,secretary of ,homeland ,security1 acting through the ,officer for ,civil ,rights and ,civil ,liberties and the ,federal ,law ,enforcement ,training ,center1 shall develop guidance1 outreach1 training1 and programs that include civil rights and civil liberties training1 in particular those designed to prevent racial profiling4 7c7 ,training ,not later than one year after the date of enactment of this subtitle1 the ,secretary of ,homeland ,security1 acting through ,department officials1 shall develop and distribute to ,state1 local1 and tribal authorities1 courses and materials that comply with the ,grant ,programs ,directorate ,information ,bulletin ,no4 #cgc or successor bulletin for integration into the curricula for recruits and recurrent training for experienced law enforcement officers4 7d7 ,grant ,preapproval ,beginning with grants provided for fiscal year #bjad1 grant guidance for grants under sections #fjd through #fjg of the ,homeland ,security ,act of #bjjb shall inform recipients that expenditures on any training1 programs1 presentations1 and speakers that are acquired from an entity other than the ,department1 must be approved1 in advance1 by the ,chief ,privacy ,officer and the ,office for ,civil ,rights and ,civil ,liberties4 7e7 ,assistance ,the ,secretary of ,homeland ,security shall make available to the ,states assistance to develop sufficient curriculum to meet minimum anti-racial profiling standards4 ,,iv ,,law ,,enforcement ,,racial ,,profiling ,,review1 ,,oversight1 ,,and ,,review #dja4 ,officer for civil rights and civil liberties 7a7 ,in general ,the ,officer for ,civil ,rights and ,civil ,liberties of the ,department of ,homeland ,security shall be granted primary jurisdiction over all matters relating to the review1 implementation1 and oversight of the requirements of this ,act4 7b7 ,investigation of complaints ,section #gje of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #gje7 is amended-- 7#a7 in subsection 7a71 by striking paragraph 7#f7 and inserting the following3 7#f7 investigate complaints and information indicating possible abuses of civil rights or civil liberties by employees and officials of the ,department or that are related to ,departmental activities unless the ,inspector ,general of the ,department determines that such a complaint or such information should be investigated by the ,inspector ,general and1 using the information gained by such investigations1 make recommendations to the ,secretary and directorates1 offices1 and other components of the ,department for improvements in policy1 supervision1 training1 and practice related to civil rights or civil liberties1 or for the relevant office to review the matter and take appropriate disciplinary or other action2 and 7#g7 review and assess information alleging abuses of civil rights1 civil liberties1 and racial and ethnic profiling by law enforcement agencies receiving grants or assistance from the ,department of ,homeland ,security4 2 7#b7 by redesignating subsection 7b7 as subsection 7e72 and 7#c7 by inserting after subsection 7a7 the following3 7b7 ,investigation of complaints ,the head of each directorate1 office1 or component of the ,department and the head of any other executive agency shall ensure that the directorate1 office1 or component provides the ,officer for ,civil ,rights and ,civil ,liberties with speedy access1 and in no event later than #cj days after the date on which the directorate1 office1 or component receives a request from the ,officer1 to any information determined by the ,officer to be relevant to the exercise of the duties and responsibilities under subsection 7a7 or to any investigation carried out under this section1 whether by providing relevant documents or access to facilities or personnel4 7c7 ,subpoenas 7#a7 ,in general ,in carrying out the duties and responsibilities under subsection 7a7 or as part of an investigation carried out under this section1 the ,officer for ,civil ,rights and ,civil ,liberties may require by subpoena access to-- 7,a7 any institution or entity outside of the ,federal ,government that is the subject of or related to an investigation under this section2 and 7,b7 any individual1 document1 record1 material1 file1 report1 memorandum1 policy1 procedure1 investigation1 video or audio recording or other media1 or quality assurance report relating to any institution or entity outside of the ,federal ,government that is the subject of or related to an investigation under this section4 7#b7 ,issuance and service ,a subpoena issued under this subsection shall-- 7,a7 bear the signature of the ,officer for ,civil ,rights and ,civil ,liberties2 and 7,b7 be served by any person or class of persons designated by the ,officer or an officer or employee designated for that purpose4 7#c7 ,enforcement ,in the case of contumacy or failure to obey a subpoena issued under this subsection1 the ,united ,states district court for the judicial district in which the institution1 entity1 or individual is located may issue an order requiring compliance4 ,any failure to obey the order of the court may be punished by the court as contempt of that court4 7#d7 ,use of information ,any material obtained under a subpoena issued under this subsection-- 7,a7 may not be used for any purpose other than a purpose set forth in subsection 7a72 7,b7 may not be transmitted by or within the ,department for any purpose other than a purpose set forth in subsection 7a72 and 7,c7 shall be redacted1 obscured1 or otherwise altered if used in any publicly available manner to the extent necessary to prevent the disclosure of any personally identifiable information4 4 #djb4 ,enforcement--civil rights compliance 7a7 ,the ,officer for ,civil ,rights and ,civil ,liberties ,the ,officer for ,civil ,rights and ,civil ,liberties may-- 7#a7 request the assistance of the ,inspector ,general to investigate compliance with civil rights protection standards and complaints of racial profiling by law enforcement agencies in contravention of the requirements of this ,act2 7#b7 suspend the eligibility of ,state1 local or tribal law enforcement agency to receive1 or revoke grants for violations of the requirements of this ,act1 until such time that the practices of the agency are brought into compliance with this ,act2 and 7#c7 suspend the eligibility of ,state1 local or tribal law enforcement agency to receive training at ,federal law enforcement training facilities for violations of the requirements of this ,act1 until such time that the practices of the agency are brought into compliance with this ,act4 7b7 ,remedy ,the ,united ,states1 or an individual injured by racial profiling1 may enforce this title in a civil action for declaratory or injunctive relief1 filed either in a ,state court of general jurisdiction or in a district court of the ,united ,states4 7c7 ,parties ,in any action brought under this title1 relief may be obtained against-- 7#a7 any governmental body that employed any law enforcement agent who engaged in racial profiling2 7#b7 any agent of such body who engaged in racial profiling2 and 7#c7 any person with supervisory authority over such agent4 7d7 ,nature of proof ,proof that the routine or spontaneous investigatory activities of law enforcement agents in a jurisdiction have had a disparate impact on racial1 ethnic1 or religious minorities shall constitute prima facie evidence of a violation of this title4 7e7 ,attorney's fees ,in any action or proceeding to enforce this title against any governmental body1 the court may allow a prevailing plaintiff1 other than the ,united ,states1 reasonable attorney's fees as part of the costs1 and may include expert fees as part of the attorney's fee4 ,v ,,data ,,collection ,,and ,,reporting #eja4 ,data collection 7a7 ,data collection by law enforcement entities ,law enforcement entities receiving grants or training from the ,department of ,homeland ,security shall-- 7#a7 collect data on all routine or spontaneous investigatory activities2 7#b7 provide that the data collected shall-- 7,a7 be collected by race1 ethnicity1 national origin1 gender1 and religion1 as perceived by the law enforcement officer2 7,b7 include the date1 time1 and location of such investigatory activities2 7,c7 include detail sufficient to permit an analysis of whether a law enforcement agency is engaging in racial profiling2 and 7,d7 not include personally identifiable information2 7#c7 utilize a standardized form1 developed in coordination with the ,department of ,justice1 that shall be made available to law enforcement agencies for the submission of collected data2 7#d7 compile data on the standardized form made available under paragraph 7#c71 and submit the form to the ,officer for ,civil ,rights and ,civil ,liberties2 7#e7 maintain all data collected under this ,act for not less than #d years2 and 7#f7 protect the privacy of individuals whose data is collected by-- 7,a7 limiting the use and disclosure of the data collected under this ,act to the purposes set forth in this ,act2 7,b7 except as otherwise provided in this ,act1 limiting access to the data collected under this ,act to those ,federal1 ,state1 local1 or tribal employees or agents who require such access in order to fulfill the purposes for the data set forth in this ,act2 7,c7 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 7,a72 and 7,d7 requiring the maintenance of adequate security measures to prevent unauthorized access to the data collected under this ,act4 7b7 ,data ,collection by the ,officer for ,civil ,rights and ,civil ,liberties ,the ,officer for ,civil ,rights and ,civil ,liberties shall receive and maintain data from the ,states on-- 7#a7 the implementation of racial profiling education curricula in ,state ,peace ,officer ,standards and ,training or equivalent ,state-level program peace officer certification2 7#b7 the adoption rate by ,state ,peace ,officer ,standards and ,training programs1 of the ,federal ,law ,enforcement ,training ,accreditation ,board model practices on racial profiling2 7#c7 the number of credible complaints of improper racial profiling practices filed against ,state law enforcement entities1 as collected under section #cja7;c77#c72 7#d7 the disposition of complaints of improper racial profiling practices filed against ,state law enforcement entities1 as collected under section #cja7;c77#c72 7#e7 the disciplinary action by ,state law enforcement entities against officers and agents adjudicated guilty of improper racial profiling practices1 as collected under section #cja7;c77#c72 and 7#f7 other relevant data submitted to other agencies4 #ejb4 ,reporting to ,congress ,section #cde of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cde7 is amended in subsection 7b71 by inserting the following3 ,the report shall include a section related to the enforcement of the ,universal ,,respect ,act44 ,,vi ,,construction1 ,,severability1 ,,and ,,effective ,,date #fja4 ,construction2 severability ,if any provision of this ,act or any amendment made by this ,act1 or any application of such provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of the provisions of this ,act and the amendments made by this ,act and the application of the provision or amendment to any other person or circumstance shall not be affected4 #fjb4 ,effective date ,this ,act shall take effect #a year after the date of enactment4 ,,vii ,,definitions #gja4 ,definitions ,in this ,act3 7#a7 ,racial profiling ,the term racial profiling means the practice of a law enforcement agent or agency relying1 to any degree1 on race1 ethnicity1 national origin1 gender1 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 procedure1 except when there is trustworthy information1 relevant to the locality and timeframe1 that links a person of a particular race1 ethnicity1 national origin1 gender1 or religion to an identified criminal incident or scheme4 7#b7 ,routine or spontaneous investigatory activities ,the term routine or spontaneous investigatory activities means the following activities by a law enforcement agent3 7,a7 ,interviews4 7,b7 ,traffic stops4 7,c7 ,pedestrian stops4 7,d7 ,frisks and other types of body searches4 7,e7 ,consensual or nonconsensual searches of the persons1 property1 or possessions 7including vehicles7 of individuals using any form of public or private transportation1 including motorists and pedestrians4 7,f7 ,data collection and analysis1 assessments1 and predicated investigations4 7,g7 ,inspections and interviews of entrants into the ,united ,states that are more extensive than those customarily carried out4 7,h7 ,immigration-related workplace investigations4 7,i7 ,such other types of law enforcement encounters about which statistical information is compiled for or by the ,federal ,bureau of ,investigation or the ,department of ,justice ,bureau of ,justice ,statistics4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,department of ,homeland ,security4 7#d7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 and any other territory or possession of the ,united ,states4 7#e7 ,federal law enforcement assistance ,the term ,federal law enforcement assistance means grants1 infrastructure development1 endowments1 or training provided by the ,federal ,government to ,state1 local1 or ,indian tribal law enforcement entities1 as determined by the ,secretary4 7#f7 ,law enforcement entity ,the term law enforcement entity means any ,federal1 ,state1 local1 or ,indian tribal public agency or department engaged in the prevention1 detection1 or investigation of violations of criminal1 immigration1 or customs laws4 7#g7 ,law enforcement agent ,the term law enforcement agent means any ,federal1 ,state1 local1 or ,indian tribal official responsible for enforcing criminal1 immigration1 or customs laws1 including police officers and other agents of a law enforcement agency4 7#h7 ,covered programs ,the term covered programs means any grant issued under sections #fjd through #fjg of the ,homeland ,security ,act of #bjjb1 or training at any ,federal law enforcement training facility under the jurisdiction of the ,department of ,homeland ,security4 7#i7 ,peace officer standards and training ,the term ,state ,peace ,officer ,standards and ,training or ,,post means all training or certification required for licensure of ,state and local law enforcement officers within a ,state4 ,the term shall be used synonymously with ,state programs of differing names4