[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2138 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 2138

                     To prohibit racial profiling.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 16, 2005

Mr. Feingold (for Mr. Corzine, Mr. Lautenberg, Mr. Kennedy, Mr. Durbin, 
Mr. Kerry, Mrs. Boxer, Mr. Dodd, Ms. Cantwell, Ms. Mikulski, Mr. Obama, 
 and Ms. Stabenow) introduced the following bill; which was read twice 
             and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
                     To prohibit racial profiling.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``End Racial 
Profiling Act of 2005'' or ``ERPA''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings, purposes, and intent.
Sec. 3. Definitions.
                TITLE I--PROHIBITION OF RACIAL PROFILING

Sec. 101. Prohibition.
Sec. 102. Enforcement.
    TITLE II--PROGRAMS TO ELIMINATE RACIAL PROFILING BY FEDERAL LAW 
                          ENFORCEMENT AGENCIES

Sec. 201. Policies to eliminate racial profiling.
TITLE III--PROGRAMS TO ELIMINATE RACIAL PROFILING BY STATE, LOCAL, AND 
                 INDIAN TRIBAL LAW ENFORCEMENT AGENCIES

Sec. 301. Policies required for grants.
Sec. 302. Administrative complaint procedure or independent auditor 
                            program required for grants.
Sec. 303. Involvement of Attorney General.
Sec. 304. Data collection demonstration project.
Sec. 305. Best practices development grants.
Sec. 306. Authorization of appropriations.
                       TITLE IV--DATA COLLECTION

Sec. 401. Attorney General to issue regulations.
Sec. 402. Publication of data.
Sec. 403. Limitations on publication of data.
   TITLE V--DEPARTMENT OF JUSTICE REGULATIONS AND REPORTS ON RACIAL 
                     PROFILING IN THE UNITED STATES

Sec. 501. Attorney General to issue regulations and reports.
                   TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 601. Severability.
Sec. 602. Savings clause.

SEC. 2. FINDINGS, PURPOSES, AND INTENT.

    (a) Findings.--Congress finds the following:
            (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.
            (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.
            (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.
            (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.''.
            (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--
                    (A) it does not apply to State and local law 
                enforcement agencies;
                    (B) it does not contain a meaningful enforcement 
                mechanism;
                    (C) it does not require data collection; and
                    (D) it contains an overbroad exception for 
                immigration and national security matters.
            (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.
            (7) Statistical evidence from across the country 
        demonstrates that racial profiling is a real and measurable 
        phenomenon.
            (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.
            (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.
            (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.
            (11) A 2000 General Accounting Office report on the 
        activities of the United States Customs Service during fiscal 
        year 1998 found that--
                    (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;
                    (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; 
                and
                    (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.
            (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--
                    (A) Blacks and Hispanics were much more likely to 
                be arrested than Whites;
                    (B) Hispanics were much more likely to be ticketed 
                than Blacks or Whites;
                    (C) Blacks and Hispanics were much more likely to 
                report the use or threatened use of force by a police 
                officer;
                    (D) Blacks and Hispanics were much more likely to 
                be handcuffed than Whites; and
                    (E) Blacks and Hispanics were much more likely to 
                have their vehicles searched than Whites.
            (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.
            (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.
            (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.
            (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.
            (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).
            (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.
            (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.
    (b) Purposes.--The purposes of this Act are--
            (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;
            (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;
            (3) to enforce the constitutional right to interstate 
        travel, pursuant to section 2 of article IV of the Constitution 
        of the United States; and
            (4) to regulate interstate commerce, pursuant to clause 3 
        of section 8 of article I of the Constitution of the United 
        States.
    (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.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Covered program.--The term ``covered program'' means 
        any program or activity funded in whole or in part with funds 
        made available under--
                    (A) the Edward Byrne Memorial 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.));
                    (B) the Edward Byrne Memorial Justice Assistance 
                Grant Program, as described in appropriations Acts; and
                    (C) 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(d)(8) of that Act (42 U.S.C. 
                3796dd(d)(8)).
            (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.
            (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)).
            (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.
            (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.
            (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.
            (7) Routine or spontaneous investigatory activities.--The 
        term ``routine or spontaneous investigatory activities'' means 
        the following activities by a law enforcement agent:
                    (A) Interviews.
                    (B) Traffic stops.
                    (C) Pedestrian stops.
                    (D) Frisks and other types of body searches.
                    (E) Consensual or nonconsensual searches of the 
                persons or possessions (including vehicles) of 
                motorists or pedestrians.
                    (F) Inspections and interviews of entrants into the 
                United States that are more extensive than those 
                customarily carried out.
                    (G) Immigration related workplace investigations.
                    (H) Such other types of law enforcement encounters 
                compiled by the Federal Bureau of Investigation and the 
                Justice Departments Bureau of Justice Statistics.
            (8) Reasonable request.--The term ``reasonable request'' 
        means all requests for information, except for those that--
                    (A) are immaterial to the investigation;
                    (B) would result in the unnecessary exposure of 
                personal information; or
                    (C) would place a severe burden on the resources of 
                the law enforcement agency given its size.
            (9) Unit of local government.--The term ``unit of local 
        government'' means--
                    (A) any city, county, township, town, borough, 
                parish, village, or other general purpose political 
                subdivision of a State;
                    (B) any law enforcement district or judicial 
                enforcement district that--
                            (i) is established under applicable State 
                        law; and
                            (ii) has the authority to, in a manner 
                        independent of other State entities, establish 
                        a budget and impose taxes;
                    (C) any Indian tribe that performs law enforcement 
                functions, as determined by the Secretary of the 
                Interior; or
                    (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--
                            (i) the District of Columbia; or
                            (ii) any Trust Territory of the United 
                        States.

                TITLE I--PROHIBITION OF RACIAL PROFILING

SEC. 101. PROHIBITION.

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

SEC. 102. ENFORCEMENT.

    (a) Remedy.--The United States, or an individual injured by racial 
profiling, may enforce this title in a civil action for declaratory or 
injunctive relief, filed either in a State court of general 
jurisdiction or in a district court of the United States.
    (b) Parties.--In any action brought under this title, relief may be 
obtained against--
            (1) any governmental body that employed any law enforcement 
        agent who engaged in racial profiling;
            (2) any agent of such body who engaged in racial profiling; 
        and
            (3) any person with supervisory authority over such agent.
    (c) Nature of Proof.--Proof that the routine or spontaneous 
investigatory activities of law enforcement agents in a jurisdiction 
have had a disparate impact on racial, ethnic, or religious minorities 
shall constitute prima facie evidence of a violation of this title.
    (d) Attorney's Fees.--In any action or proceeding to enforce this 
title against any governmental 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.

    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--
            (1) maintain adequate policies and procedures designed to 
        eliminate racial profiling; and
            (2) cease existing practices that permit racial profiling.
    (b) Policies.--The policies and procedures described in subsection 
(a)(1) shall include--
            (1) a prohibition on racial profiling;
            (2) training on racial profiling issues as part of Federal 
        law enforcement training;
            (3) the collection of data in accordance with the 
        regulations issued by the Attorney General under section 401;
            (4) procedures for receiving, investigating, and responding 
        meaningfully to complaints alleging racial profiling by law 
        enforcement agents;
            (5) policies requiring that appropriate action be taken 
        when law enforcement agents are determined to have engaged in 
        racial profiling; and
            (6) such other policies or procedures that the Attorney 
        General deems necessary to eliminate racial profiling.

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

SEC. 301. POLICIES REQUIRED FOR GRANTS.

    (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--
            (1) maintains adequate policies and procedures designed to 
        eliminate racial profiling; and
            (2) does not engage in any existing practices that permit 
        racial profiling.
    (b) Policies.--The policies and procedures described in subsection 
(a)(1) shall include--
            (1) a prohibition on racial profiling;
            (2) training on racial profiling issues as part of law 
        enforcement training;
            (3) the collection of data in accordance with the 
        regulations issued by the Attorney General under section 401;
            (4) procedures for receiving, investigating, and responding 
        meaningfully to complaints alleging racial profiling by law 
        enforcement agents, including procedures that allow a complaint 
        to be made through any of the methods described in section 
        302(b)(2);
            (5) mechanisms for providing information to the public 
        relating to the administrative complaint procedure or 
        independent auditor program established under section 302;
            (6) policies requiring that appropriate action be taken 
        when law enforcement agents are determined to have engaged in 
        racial profiling; and
            (7) such other policies or procedures that the Attorney 
        General deems necessary to eliminate racial profiling.
    (c) Effective Date.--This section shall take effect 12 months after 
the date of enactment of this Act.

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--
            (1) an administrative complaint procedure that meets the 
        requirements of subsection (b); or
            (2) an independent auditor program that meets the 
        requirements of subsection (c).
    (b) Requirements for Administrative Complaint Procedure.--To meet 
the requirements of this subsection, an administrative complaint 
procedure shall--
            (1) allow any person who believes there has been a 
        violation of section 101 to file a complaint;
            (2) allow a complaint to be made--
                    (A) in writing or orally;
                    (B) in person or by mail, telephone, facsimile, or 
                electronic mail; and
                    (C) anonymously or through a third party;
            (3) require that the complaint be investigated and heard by 
        an independent review board that--
                    (A) is located outside of any law enforcement 
                agency or the law office of the State or unit of local 
                government;
                    (B) includes, as at least a majority of its 
                members, individuals who are not employees of the State 
                or unit of local government;
                    (C) does not include as a member any individual who 
                is then serving as a law enforcement agent;
                    (D) possesses the power to request all relevant 
                information from a law enforcement agency; and
                    (E) possesses staff and resources sufficient to 
                perform the duties assigned to the independent review 
                board under this subsection;
            (4) provide that the law enforcement agency shall comply 
        with all reasonable requests for information in a timely 
        manner;
            (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;
            (6) provide that a hearing be held, on the record, at the 
        request of the complainant;
            (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;
            (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;
            (9) provide that the review board shall make a final 
        determination with respect to a complaint in a reasonably 
        timely manner;
            (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;
            (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; and
            (12) otherwise operate in a manner consistent with 
        regulations promulgated by the Attorney General under section 
        303.
    (c) Requirements for Independent Auditor Program.--To meet the 
requirements of this subsection, an independent auditor program shall--
            (1) provide for the appointment of an independent auditor 
        who is not a sworn officer or employee of a law enforcement 
        agency;
            (2) provide that the independent auditor be given staff and 
        resources sufficient to perform the duties of the independent 
        auditor program under this section;
            (3) provide that the independent auditor be given full 
        access to all relevant documents and data of a law enforcement 
        agency;
            (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;
            (5) require the independent auditor to issue a public 
        report each year that--
                    (A) addresses the efforts of each law enforcement 
                agency of the State or unit of local government to 
                combat racial profiling; and
                    (B) recommends any necessary changes to the 
                policies and procedures of any law enforcement agency;
            (6) require that each law enforcement agency issue a public 
        response to each report issued by the auditor under paragraph 
        (5);
            (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;
            (8) provide that the independent auditor shall engage in 
        community outreach on racial profiling issues; and
            (9) otherwise operate in a manner consistent with 
        regulations promulgated by the Attorney General under section 
        303.
    (d) Local Use of State Complaint Procedure or Independent Auditor 
Program.--
            (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.
            (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.
    (e) Effective Date.--This section shall go into effect 12 months 
after the date of enactment of this Act.

SEC. 303. INVOLVEMENT OF ATTORNEY GENERAL.

    (a) Regulations.--
            (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.
            (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.
    (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.
    (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.

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.
    (b) Competitive Awards.--The Attorney General shall provide not 
more than 5 grants or contracts to police departments that--
            (1) are not already collecting data voluntarily or 
        otherwise; and
            (2) serve communities where there is a significant 
        concentration of racial or ethnic minorities.
    (c) Required Activities.--Activities carried out under subsection 
(b) shall include--
            (1) developing a data collection tool;
            (2) training of law enforcement personnel on data 
        collection;
            (3) collecting data on hit rates for stops and searches; 
        and
            (4) reporting the compiled data to the Attorney General.
    (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.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out activities under this section--
            (1) $5,000,000, over a 2-year period for a demonstration 
        project on 5 sites; and
            (2) $500,000 to carry out the evaluation in subsection (d).

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.
    (b) Use of Funds.--The funds provided under subsection (a) may be 
used for--
            (1) the development and implementation of training to 
        prevent racial profiling and to encourage more respectful 
        interaction with the public;
            (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;
            (3) the analysis of data collected by law enforcement 
        agencies to determine whether the data indicate the existence 
        of racial profiling;
            (4) the acquisition and use of technology to verify the 
        accuracy of data collection, including in-car video cameras and 
        portable computer systems;
            (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;
            (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;
            (7) the establishment or improvement of management systems 
        to ensure that supervisors are held accountable for the conduct 
        of their subordinates; and
            (8) the establishment and maintenance of an administrative 
        complaint procedure or independent auditor program under 
        section 302.
    (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.
    (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.

SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

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

                       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.
    (b) Requirements.--The regulations issued under subsection (a) 
shall--
            (1) provide for the collection of data on all routine or 
        spontaneous investigatory activities;
            (2) provide that the data collected shall--
                    (A) be collected by race, ethnicity, national 
                origin, gender, and religion, as perceived by the law 
                enforcement officer;
                    (B) include the date, time, and location of the 
                investigatory activities; and
                    (C) include detail sufficient to permit an analysis 
                of whether a law enforcement agency is engaging in 
                racial profiling;
            (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;
            (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;
            (5) provide that law enforcement agencies shall maintain 
        all data collected under this Act for not less than 4 years;
            (6) include guidelines for setting comparative benchmarks, 
        consistent with best practices, against which collected data 
        shall be measured; and
            (7) provide that the Bureau of Justice Statistics shall--
                    (A) analyze the data for any statistically 
                significant disparities, including--
                            (i) disparities in the percentage of 
                        drivers or pedestrians stopped relative to the 
                        proportion of the population passing through 
                        the neighborhood;
                            (ii) disparities in the percentage of false 
                        stops relative to the percentage of drivers or 
                        pedestrians stopped; and
                            (iii) disparities in the frequency of 
                        searches performed on minority drivers and the 
                        frequency of searches performed on non-minority 
                        drivers; and
                    (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.

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.

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--
            (1) released to the public;
            (2) disclosed to any person, except for such disclosures as 
        are necessary to comply with this Act;
            (3) subject to disclosure under section 552 of title 5, 
        United States Code (commonly know as the Freedom of Information 
        Act).

   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.
    (b) Reports.--
            (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.
            (2) Scope.--Each report submitted under paragraph (1) shall 
        include--
                    (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;
                    (B) a discussion of the findings in the most recent 
                report prepared by the Bureau of Justice Statistics 
                under section 401(a)(8);
                    (C) the status of the adoption and implementation 
                of policies and procedures by Federal law enforcement 
                agencies under section 201;
                    (D) the status of the adoption and implementation 
                of policies and procedures by State and local law 
                enforcement agencies under sections 301 and 302; and
                    (E) a description of any other policies and 
                procedures that the Attorney General believes would 
                facilitate the elimination of racial profiling.

                   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.

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.).
                                 <all>