,,ii #aacth ,,congress #ast ,session ,s4 #ajch ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bc1 #bjac ,mr4 ,cardin 7for himself1 ,mr4 ,durbin1 ,mr4 ,blumenthal1 ,mr4 ,coons1 ,mr4 ,harkin1 ,mr4 ,menendez1 ,ms4 ,stabenow1 ,mr4 ,levin1 ,ms4 ,mikulski1 ,ms4 ,warren1 ,mrs4 ,boxer1 ,mrs4 ,gillibrand1 ,mr4 ,lautenberg1 and ,ms4 ,hirono7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to eliminate racial profiling by law enforcement1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,end ,racial ,profiling ,act of #bjac4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,title ,i--,prohibition of ,racial ,profiling ,sec4 #aja4 ,prohibition4 ,sec4 #ajb4 ,enforcement4 ,title ,,ii--,programs to ,eliminate ,racial ,profiling ,by ,federal ,law ,enforcement ,agencies ,sec4 #bja4 ,policies to eliminate racial profiling4 ,title ,,iii--,programs to ,eliminate ,racial ,profiling ,by ,state1 ,local1 and ,indian ,tribal ,law ,enforcement ,agencies ,sec4 #cja4 ,policies required for grants4 ,sec4 #cjb4 ,involvement of ,attorney ,general4 ,sec4 #cjc4 ,data collection demonstration project4 ,sec4 #cjd4 ,best practices development grants4 ,sec4 #cje4 ,authorization of appropriations4 ,title ,,iv--,data ,collection ,sec4 #dja4 ,attorney ,general to issue regulations4 ,sec4 #djb4 ,publication of data4 ,sec4 #djc4 ,limitations on publication of data4 ,title ,v--,department of ,justice ,regulations and ,reports on ,racial ,profiling in the ,united ,states ,sec4 #eja4 ,attorney ,general to issue regulations and reports4 ,title ,,vi--,miscellaneous ,provisions ,sec4 #fja4 ,severability4 ,sec4 #fjb4 ,savings clause4 #b4 ,definitions ,in this ,act3 7#a7 ,covered program ,the term covered program means any program or activity funded in whole or in part with funds made available under-- 7,a7 the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program under part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgej et seq472 and 7,b7 the ,cops on the ,beat program under part ,q of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;dd et seq471 except that no program1 project1 or other activity specified in section #agja7;b77#ac7 of such part shall be a covered program under this paragraph4 7#b7 ,governmental body ,the term governmental body means any department1 agency1 special purpose district1 or other instrumentality of ,federal1 ,state1 local1 or ,indian tribal government4 7#c7 ,hit rate ,the term hit rate means the percentage of stops and searches in which a law enforcement officer finds drugs1 a gun1 or something else that leads to an arrest4 ,the hit rate is calculated by dividing the total number of searches by the number of searches that yield contraband4 ,the hit rate is complementary to the rate of false stops4 7#d7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #dgi;a74 7#e7 ,law enforcement agency ,the term law enforcement agency means any ,federal1 ,state1 local1 or ,indian tribal public agency engaged in the prevention1 detection1 or investigation of violations of criminal1 immigration1 or customs laws4 7#f7 ,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#g7 ,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 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 or religion to an identified criminal incident or scheme4 7#h7 ,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 compiled for or by the ,federal ,bureau of ,investigation or the ,department of ,justice ,bureau of ,justice ,statistics4 7#i7 ,reasonable request ,the term reasonable request means all requests for information1 except for those that-- 7,a7 are immaterial to the investigation2 7,b7 would result in the unnecessary disclosure of personal information2 or 7,c7 would place a severe burden on the resources of the law enforcement agency given its size4 7#aj7 ,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#aa7 ,unit of local government ,the term unit of local government means-- 7,a7 any city1 county1 township1 town1 borough1 parish1 village1 or other general purpose political subdivision of a ,state2 7,b7 any law enforcement district or judicial enforcement district that-- 7i7 is established under applicable ,state law2 and 7ii7 has the authority to1 in a manner independent of other ,state entities1 establish a budget and impose taxes2 or 7,c7 any ,indian tribe that performs law enforcement functions1 as determined by the ,secretary of the ,interior4 ,i ,prohibition of ,racial ,profiling #aja4 ,prohibition ,no law enforcement agent or law enforcement agency shall engage in racial profiling4 #ajb4 ,enforcement 7a7 ,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 7b7 ,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 7c7 ,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 7d7 ,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 ,,ii ,programs to ,eliminate ,racial ,profiling ,by ,federal ,law ,enforcement ,agencies #bja4 ,policies to eliminate racial profiling 7a7 ,in general ,federal law enforcement agencies shall-- 7#a7 maintain adequate policies and procedures designed to eliminate racial profiling2 and 7#b7 cease existing practices that permit racial profiling4 7b7 ,policies ,the policies and procedures described in subsection 7a77#a7 shall include-- 7#a7 a prohibition on racial profiling2 7#b7 training on racial profiling issues as part of ,federal law enforcement training2 7#c7 the collection of data in accordance with the regulations issued by the ,attorney ,general under section #dja2 7#d7 procedures for receiving1 investigating1 and responding meaningfully to complaints alleging racial profiling by law enforcement agents2 and 7#e7 any other policies and procedures the ,attorney ,general determines to be necessary to eliminate racial profiling by ,federal law enforcement agencies4 ,,iii ,programs to ,eliminate ,racial ,profiling ,by ,state1 ,local1 and ,indian ,tribal ,law ,enforcement ,agencies #cja4 ,policies required for grants 7a7 ,in general ,an application by a ,state1 a unit of local government1 or a ,state1 local1 or ,indian tribal law enforcement agency for funding under a covered program shall include a certification that such ,state1 unit of local government1 or law enforcement agency1 and any law enforcement agency to which it will distribute funds-- 7#a7 maintains adequate policies and procedures designed to eliminate racial profiling2 and 7#b7 has eliminated any existing practices that permit or encourage racial profiling4 7b7 ,policies ,the policies and procedures described in subsection 7a77#a7 shall include-- 7#a7 a prohibition on racial profiling2 7#b7 training on racial profiling issues as part of law enforcement training2 7#c7 the collection of data in accordance with the regulations issued by the ,attorney ,general under section #dja2 and 7#d7 participation in an administrative complaint procedure or independent audit program that meets the requirements of section #cjb4 7c7 ,effective date ,this section shall take effect #ab months after the date of enactment of this ,act4 #cjb4 ,involvement of ,attorney ,general 7a7 ,regulations 7#a7 ,in general ,not later than #f months after the date of enactment of this ,act and in consultation with stakeholders1 including ,federal1 ,state1 tribal1 and local law enforcement agencies and community1 professional1 research1 and civil rights organizations1 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 agencies4 7#b7 ,guidelines ,the regulations issued under paragraph 7#a7 shall contain guidelines that ensure the fairness1 effectiveness1 and independence of the administrative complaint procedures and independent auditor programs4 7b7 ,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 #cja or the regulations issued under subsection 7a71 the ,attorney ,general shall withhold1 in whole or in part 7at the discretion of the ,attorney ,general71 funds for #a or more grants to the recipient under the covered program1 until the recipient establishes compliance4 7c7 ,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 title4 #cjc4 ,data collection demonstration project 7a7 ,competitive awards 7#a7 ,in general ,the ,attorney ,general may1 through competitive grants or contracts1 carry out a #b-year demonstration project for the purpose of developing and implementing data collection programs on the hit rates for stops and searches by law enforcement agencies4 ,the data collected shall be disaggregated by race1 ethnicity1 national origin1 and religion4 7#b7 ,number of grants ,the ,attorney ,general shall provide not more than #e grants or contracts under this section4 7#c7 ,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 voluntarily4 7b7 ,required activities ,activities carried out with a grant under this section shall include-- 7#a7 developing a data collection tool and reporting the compiled data to the ,attorney ,general2 and 7#b7 training of law enforcement personnel on data collection1 particularly for data collection on hit rates for stops and searches4 7c7 ,evaluation ,not later than #c years after the date of enactment of this ,act1 the ,attorney ,general shall enter into a contract with an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja77 to analyze the data collected by each of the grantees funded under this section4 7d7 ,authorization of appropriations ,there are authorized to be appropriated to carry out activities under this section-- 7#a7 #e1jjj1jjj1 over a #b-year period1 to carry out the demonstration program under subsection 7a72 and 7#b7 #ejj1jjj to carry out the evaluation under subsection 7c74 #cjd4 ,best practices development grants 7a7 ,grant authorization ,the ,attorney ,general1 through the ,bureau of ,justice ,assistance1 may make grants to ,states1 local law enforcement agencies1 and units of local government to develop and implement best practice devices and systems to eliminate racial profiling4 7b7 ,use of funds ,the funds provided under subsection 7a7 shall be used for programs that include the following purposes3 7#a7 ,the development and implementation of training to prevent racial profiling and to encourage more respectful interaction with the public4 7#b7 ,the acquisition and use of technology to facilitate the accurate collection and analysis of data4 7#c7 ,the development and acquisition of feedback systems and technologies that identify officers or units of officers engaged in1 or at risk of engaging in1 racial profiling or other misconduct4 7#d7 ,the establishment and maintenance of an administrative complaint procedure or independent auditor program4 7c7 ,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 agencies4 7d7 ,application ,each ,state1 local law enforcement agency1 or unit of local government desiring a grant under this section shall submit an application to the ,attorney ,general at such time1 in such manner1 and accompanied by such information as the ,attorney ,general may reasonably require4 #cje4 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this title4 ,,iv ,data ,collection #dja4 ,attorney ,general to issue regulations 7a7 ,regulations ,not later than #f months after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with stakeholders1 including ,federal1 ,state1 and local law enforcement agencies and community1 professional1 research1 and civil rights organizations1 shall issue regulations for the collection and compilation of data under sections #bja and #cja4 7b7 ,requirements ,the regulations issued under subsection 7a7 shall-- 7#a7 provide for the collection of 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 provide that a standardized form shall be made available to law enforcement agencies for the submission of collected data to the ,department of ,justice2 7#d7 provide that law enforcement agencies shall compile data on the standardized form made available under paragraph 7#c71 and submit the form to the ,civil ,rights ,division and the ,department of ,justice ,bureau of ,justice ,statistics2 7#e7 provide that law enforcement agencies shall maintain all data collected under this ,act for not less than #d years2 7#f7 include guidelines for setting comparative benchmarks1 consistent with best practices1 against which collected data shall be measured2 7#g7 provide that the ,department of ,justice ,bureau of ,justice ,statistics shall-- 7,a7 analyze the data for any statistically significant disparities1 including-- 7i7 disparities in the percentage of drivers or pedestrians stopped relative to the proportion of the population passing through the neighborhood2 7ii7 disparities in the hit rate2 and 7iii7 disparities in the frequency of searches performed on minority drivers and the frequency of searches performed on non-minority drivers2 and 7,b7 not later than #c years after the date of enactment of this ,act1 and annually thereafter-- 7i7 prepare a report regarding the findings of the analysis conducted under subparagraph 7,a72 7ii7 provide such report to ,congress2 and 7iii7 make such report available to the public1 including on a website of the ,department of ,justice2 and 7#h7 protect the privacy of individuals whose data is collected by-- 7,a7 limiting the use 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 #djb4 ,publication of data ,the ,department of ,justice ,bureau of ,justice ,statistics shall provide to ,congress and make available to the public1 together with each annual report described in section #dja1 the data collected pursuant to this ,act1 excluding any personally identifiable information described in section #djc4 #djc4 ,limitations on publication of data ,the name or identifying information of a law enforcement officer1 complainant1 or any other individual involved in any activity for which data is collected and compiled under this ,act shall not be-- 7#a7 released to the public2 7#b7 disclosed to any person1 except for-- 7,a7 such disclosures as are necessary to comply with this ,act2 7,b7 disclosures of information regarding a particular person to that person2 or 7,c7 disclosures pursuant to litigation2 or 7#c7 subject to disclosure under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act71 except for disclosures of information regarding a particular person to that person4 ,v ,department of ,justice ,regulations and ,reports on ,racial ,profiling in the ,united ,states #eja4 ,attorney ,general to issue regulations and reports 7a7 ,regulations ,in addition to the regulations required under sections #cjc and #dja1 the ,attorney ,general shall issue such other regulations as the ,attorney ,general determines are necessary to implement this ,act4 7b7 ,reports 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and annually thereafter1 the ,attorney ,general shall submit to ,congress a report on racial profiling by law enforcement agencies4 7#b7 ,scope ,each report submitted under paragraph 7#a7 shall include-- 7,a7 a summary of data collected under sections #bja7;b77#c7 and #cja7;b77#c7 and from any other reliable source of information regarding racial profiling in the ,united ,states2 7,b7 a discussion of the findings in the most recent report prepared by the ,department of ,justice ,bureau of ,justice ,statistics under section #dja7;b77#g72 7,c7 the status of the adoption and implementation of policies and procedures by ,federal law enforcement agencies under section #bja and by the ,state and local law enforcement agencies under sections #cja and #cjb2 and 7,d7 a description of any other policies and procedures that the ,attorney ,general believes would facilitate the elimination of racial profiling4 ,,vi ,miscellaneous ,provisions #fja4 ,severability ,if any provision of this ,act1 or the application of such a provision to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act and the application of the remaining provisions of this ,act to any person or circumstance shall not be affected thereby4 #fjb4 ,savings clause ,nothing in this ,act shall be construed-- 7#a7 to limit legal or administrative remedies under section #aigi of the ,revised ,statutes of the ,united ,states 7#db ,u4,s4,c4 #aihc71 section #bajdja of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#db ,u4,s4,c4 #adada71 the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgja et seq471 or title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq472 7#b7 to affect any ,federal1 ,state1 or tribal law that applies to an ,indian tribe because of the political status of the tribe2 or 7#c7 to waive the sovereign immunity of an ,indian tribe without the consent of the tribe4