[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3560 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3560

 To mandate the basic educational, regulatory, and management actions 
   necessary for the prevention of racial profiling practices by law 
                              enforcement.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 20, 2013

      Mr. Horsford (for himself, Mr. Conyers, and Mr. Thompson of 
 Mississippi) introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
 Homeland Security, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To mandate the basic educational, regulatory, and management actions 
   necessary for the prevention of racial profiling practices by law 
                              enforcement.

    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 ``Universal Racial 
Profiling Elimination Standards, and Procedures for Effective 
Constitutional Rights Training Act'' or the ``Universal RESPECT Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
    TITLE I--PROHIBITION OF RACIAL PROFILING AND REVIEW OF FEDERAL 
                      PRACTICES IN LAW ENFORCEMENT

Sec. 101. Prohibition.
Sec. 102. Review of Federal practices in law enforcement.
              TITLE II--LAW ENFORCEMENT EDUCATION REFORMS

Sec. 201. The Federal Law Enforcement Training Center.
Sec. 202. The Federal Law Enforcement Training Accreditation Board.
Sec. 203. State law enforcement officer standards and training 
                            authorities.
               TITLE III--PROHIBITION ON RACIAL PROFILING

Sec. 301. Recipients of Department of Homeland Security grants for law 
                            enforcement.
   TITLE IV--LAW ENFORCEMENT RACIAL PROFILING REVIEW, OVERSIGHT, AND 
                                 REVIEW

Sec. 401. Officer for civil rights and civil liberties.
Sec. 402. Enforcement--civil rights compliance.
                TITLE V-- DATA COLLECTION AND REPORTING

Sec. 501. Data collection.
Sec. 502. Reporting to Congress.
        TITLE VI--CONSTRUCTION, SEVERABILITY, AND EFFECTIVE DATE

Sec. 601. Construction; severability.
Sec. 602. Effective date.
                         TITLE VII--DEFINITIONS

Sec. 701. Definitions.

    TITLE I--PROHIBITION OF RACIAL PROFILING AND REVIEW OF FEDERAL 
                      PRACTICES IN LAW ENFORCEMENT

SEC. 101. PROHIBITION.

    No Federal law enforcement agent shall engage in racial profiling.

SEC. 102. REVIEW OF FEDERAL PRACTICES IN LAW ENFORCEMENT.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act--
            (1) 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 Act, while performing official law enforcement 
        duties; and
            (2) the Secretary of Homeland Security shall ensure that no 
        recipient of covered Federal law enforcement assistance, as 
        defined in title VII of this Act, engages in racial profiling.
    (b) The Advisory Board.--The Attorney General shall conduct the 
review in consultation with an Advisory Board comprised of stakeholders 
including representatives from Federal, State, and local law 
enforcement agencies, POST Commissions, law enforcement labor 
organizations, and professional, research, and civil rights and civil 
liberty organizations.
    (c) Updates Published.--The Attorney General or Secretary of 
Homeland Security may publish in the Federal Register updates to 
covered programs in accordance with this Act.

              TITLE II--LAW ENFORCEMENT EDUCATION REFORMS

SEC. 201. THE FEDERAL LAW ENFORCEMENT TRAINING CENTER.

    Not later than 2 years after the enactment of this Act, the 
Secretary of Homeland Security, acting through the Officer for Civil 
Rights and Civil Liberties and the Director of the Federal Law 
Enforcement Training Center, shall develop and incorporate any 
necessary changes to all training, curriculum, and professional 
certification classes provided by the Federal Law Enforcement Training 
Center to ensure consistency with the requirements of this Act.

SEC. 202. THE FEDERAL LAW ENFORCEMENT TRAINING ACCREDITATION BOARD.

    (a) In General.--Not later than 2 years after the enactment of this 
Act, the Secretary of Homeland Security, acting through the Officer for 
Civil Rights and Civil Liberties and the Director of the Federal Law 
Enforcement Training Center, and in consultation with the Federal Law 
Enforcement Training Accreditation Board and the Advisory Board, shall 
develop and incorporate any necessary changes to all training, 
curriculum, and professional certification classes to ensure 
consistency with the requirements of this Act.
    (b) Model Practices.--The Secretary of Homeland Security, acting 
through the Director of the Federal Law Enforcement Training Center 
shall identify, develop, and update as necessary, model practices that 
prevent racial profiling practices. The Board shall widely disseminate 
to, and incorporate these practices into the law enforcement community 
through the Federal Law Enforcement Training Accreditation Model 
Practice Clearinghouse and other means.
    (c) Accreditation.--The Federal Law Enforcement Training 
Accreditation Board, in consultation with the Officer for Civil Rights 
and Civil Liberties, shall develop a standard of review of anti-racial 
profiling components of law enforcement training curricula. The Federal 
Law Enforcement Training Accreditation Board shall incorporate into the 
accreditation process a review that shall include at a minimum--
            (1) the sufficiency of the anti-racial profiling training 
        curriculum;
            (2) procedures implemented by the applicant to identify 
        racial profiling practices by the applicant, if any;
            (3) procedures implemented by the applicant to prevent 
        racial profiling practices by the applicant, or its individual 
        agents or officers;
            (4) the sufficiency of the applicant's remedial measures 
        and disciplinary guidelines to prevent racial profiling 
        practices; and
            (5) the capacity of the applicant to collect and maintain 
        ``civil rights data'' as defined by title VII of this Act.
    (d) Denial.--The Board shall deny accreditation or reaccreditation 
to academies, programs, and instructors not meeting the Federal Law 
Enforcement Training Accreditation Board's standards prepared under 
subsection (c).

SEC. 203. STATE LAW ENFORCEMENT OFFICER STANDARDS AND TRAINING 
              AUTHORITIES.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary of Homeland Security, acting through the 
Office for State and Local Government Coordination established under 
Section 361 of the Homeland Security Act of 2002 (6 U.S.C. 361) and the 
Officer for Civil Rights and Civil Liberties shall review the Peace 
Officer Standards and Training or equivalent program of the States, as 
defined in title VII of this Act, to assess the anti-racial profiling 
education component of these curricula. 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 Board.
    (b) Assistance.--The Secretary of Homeland Security shall make 
available to the States assistance to develop sufficient curriculum to 
meet minimum anti-racial profiling standards.

               TITLE III--PROHIBITION ON RACIAL PROFILING

SEC. 301. RECIPIENTS OF DEPARTMENT OF HOMELAND SECURITY GRANTS FOR LAW 
              ENFORCEMENT.

    (a) In General.--Section 603 of the Homeland Security Act of 2002 
(6 U.S.C. 603) is amended by inserting after subsection (a) the 
following:
    ``(b) State, local, and tribal government recipients of grants 
under sections 604 through 607 of this title shall certify that they do 
not engage in racial profiling.''.
    (b) In General.--The Secretary of Homeland Security, acting through 
the Officer for Civil Rights and Civil Liberties and the Federal Law 
Enforcement Training Center, shall develop guidance, outreach, 
training, and programs that include civil rights and civil liberties 
training, in particular those designed to prevent racial profiling.
    (c) Training.--Not later than one year after the date of enactment 
of this subtitle, the Secretary of Homeland Security, acting through 
Department officials, shall develop and distribute to State, local, and 
tribal authorities, courses and materials that comply with the ``Grant 
Programs Directorate Information Bulletin No. 373'' or successor 
bulletin for integration into the curricula for recruits and recurrent 
training for experienced law enforcement officers.
    (d) Grant Preapproval.--Beginning with grants provided for fiscal 
year 2014, grant guidance for grants under sections 604 through 607 of 
the Homeland Security Act of 2002 shall inform recipients that 
expenditures on any training, programs, presentations, and speakers 
that are acquired from an entity other than the Department, must be 
approved, in advance, by the Chief Privacy Officer and the Office for 
Civil Rights and Civil Liberties.
    (e) Assistance.--The Secretary of Homeland Security shall make 
available to the States assistance to develop sufficient curriculum to 
meet minimum anti-racial profiling standards.

   TITLE IV--LAW ENFORCEMENT RACIAL PROFILING REVIEW, OVERSIGHT, AND 
                                 REVIEW

SEC. 401. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.

    (a) 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 review, implementation, 
and oversight of the requirements of this Act.
    (b) Investigation of Complaints.--Section 705 of the Homeland 
Security Act of 2002 (6 U.S.C. 705) is amended--
            (1) in subsection (a), by striking paragraph (6) and 
        inserting the following:
            ``(6) 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 and, using the 
        information gained by such investigations, make recommendations 
        to the Secretary and directorates, offices, and other 
        components of the Department for improvements in policy, 
        supervision, training, and practice related to civil rights or 
        civil liberties, or for the relevant office to review the 
        matter and take appropriate disciplinary or other action; and
            ``(7) review and assess information alleging abuses of 
        civil rights, civil liberties, and racial and ethnic profiling 
        by law enforcement agencies receiving grants or assistance from 
        the Department of Homeland Security.'';
            (2) by redesignating subsection (b) as subsection (e); and
            (3) by inserting after subsection (a) the following:
    ``(b) Investigation of Complaints.--The head of each directorate, 
office, or component of the Department and the head of any other 
executive agency shall ensure that the directorate, office, or 
component provides the Officer for Civil Rights and Civil Liberties 
with speedy access, and in no event later than 30 days after the date 
on which the directorate, office, or component receives a request from 
the Officer, to any information determined by the Officer to be 
relevant to the exercise of the duties and responsibilities under 
subsection (a) or to any investigation carried out under this section, 
whether by providing relevant documents or access to facilities or 
personnel.
    ``(c) Subpoenas.--
            ``(1) In general.--In carrying out the duties and 
        responsibilities under subsection (a) or as part of an 
        investigation carried out under this section, the Officer for 
        Civil Rights and Civil Liberties may require by subpoena access 
        to--
                    ``(A) any institution or entity outside of the 
                Federal Government that is the subject of or related to 
                an investigation under this section; and
                    ``(B) any individual, document, record, material, 
                file, report, memorandum, policy, procedure, 
                investigation, video or audio recording or other media, 
                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 
                section.
            ``(2) Issuance and service.--A subpoena issued under this 
        subsection shall--
                    ``(A) bear the signature of the Officer for Civil 
                Rights and Civil Liberties; and
                    ``(B) be served by any person or class of persons 
                designated by the Officer or an officer or employee 
                designated for that purpose.
            ``(3) Enforcement.--In the case of contumacy or failure to 
        obey a subpoena issued under this subsection, the United States 
        district court for the judicial district in which the 
        institution, entity, or individual is located may issue an 
        order requiring compliance. Any failure to obey the order of 
        the court may be punished by the court as contempt of that 
        court.
            ``(4) Use of information.--Any material obtained under a 
        subpoena issued under this subsection--
                    ``(A) may not be used for any purpose other than a 
                purpose set forth in subsection (a);
                    ``(B) may not be transmitted by or within the 
                Department for any purpose other than a purpose set 
                forth in subsection (a); and
                    ``(C) shall be redacted, obscured, or otherwise 
                altered if used in any publicly available manner to the 
                extent necessary to prevent the disclosure of any 
                personally identifiable information.''.

SEC. 402. ENFORCEMENT--CIVIL RIGHTS COMPLIANCE.

    (a) The Officer for Civil Rights and Civil Liberties.--The Officer 
for Civil Rights and Civil Liberties may--
            (1) 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 Act;
            (2) suspend the eligibility of State, local or tribal law 
        enforcement agency to receive, or revoke grants for violations 
        of the requirements of this Act, until such time that the 
        practices of the agency are brought into compliance with this 
        Act; and
            (3) suspend the eligibility of State, local or tribal law 
        enforcement agency to receive training at Federal law 
        enforcement training facilities for violations of the 
        requirements of this Act, until such time that the practices of 
        the agency are brought into compliance with this Act.
    (b) 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.
    (c) 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.
    (d) 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.
    (e) 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.

                TITLE V-- DATA COLLECTION AND REPORTING

SEC. 501. DATA COLLECTION.

    (a) Data Collection by Law Enforcement Entities.--Law enforcement 
entities receiving grants or training from the Department of Homeland 
Security shall--
            (1) collect 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 such 
                investigatory activities;
                    (C) include detail sufficient to permit an analysis 
                of whether a law enforcement agency is engaging in 
                racial profiling; and
                    (D) not include personally identifiable 
                information;
            (3) utilize a standardized form, developed in coordination 
        with the Department of Justice, that shall be made available to 
        law enforcement agencies for the submission of collected data;
            (4) compile data on the standardized form made available 
        under paragraph (3), and submit the form to the Officer for 
        Civil Rights and Civil Liberties;
            (5) maintain all data collected under this Act for not less 
        than 4 years; and
            (6) protect the privacy of individuals whose data is 
        collected by--
                    (A) limiting the use and disclosure of the data 
                collected under this Act to the purposes set forth in 
                this Act;
                    (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;
                    (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); and
                    (D) requiring the maintenance of adequate security 
                measures to prevent unauthorized access to the data 
                collected under this Act.
    (b) 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--
            (1) the implementation of racial profiling education 
        curricula in State Peace Officer Standards and Training or 
        equivalent State-level program peace officer certification;
            (2) the adoption rate by State Peace Officer Standards and 
        Training programs, of the Federal Law Enforcement Training 
        Accreditation Board model practices on racial profiling;
            (3) the number of credible complaints of improper racial 
        profiling practices filed against State law enforcement 
        entities, as collected under section 301(c)(3);
            (4) the disposition of complaints of improper racial 
        profiling practices filed against State law enforcement 
        entities, as collected under section 301(c)(3);
            (5) the disciplinary action by State law enforcement 
        entities against officers and agents adjudicated guilty of 
        improper racial profiling practices, as collected under section 
        301(c)(3); and
            (6) other relevant data submitted to other agencies.

SEC. 502. REPORTING TO CONGRESS.

    Section 345 of the Homeland Security Act of 2002 (6 U.S.C. 345) is 
amended in subsection (b), by inserting the following: ``The report 
shall include a section related to the enforcement of the Universal 
RESPECT Act.''.

        TITLE VI--CONSTRUCTION, SEVERABILITY, AND EFFECTIVE DATE

SEC. 601. CONSTRUCTION; SEVERABILITY.

    If any provision of this Act or any amendment made by this Act, or 
any application of such provision or amendment to any person or 
circumstance, is held to be unconstitutional, 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 affected.

SEC. 602. EFFECTIVE DATE.

    This Act shall take effect 1 year after the date of enactment.

                         TITLE VII--DEFINITIONS

SEC. 701. DEFINITIONS.

    In this Act:
            (1) 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, gender, 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, gender, or religion to an identified criminal 
        incident or scheme.
            (2) 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, property, or possessions (including vehicles) 
                of individuals using any form of public or private 
                transportation, including motorists and pedestrians.
                    (F) Data collection and analysis, assessments, and 
                predicated investigations.
                    (G) Inspections and interviews of entrants into the 
                United States that are more extensive than those 
                customarily carried out.
                    (H) Immigration-related workplace investigations.
                    (I) 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 Statistics.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Department of Homeland Security.
            (4) 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.
            (5) Federal law enforcement assistance.--The term ``Federal 
        law enforcement assistance'' means grants, infrastructure 
        development, endowments, or training provided by the Federal 
        Government to State, local, or Indian tribal law enforcement 
        entities, as determined by the Secretary.
            (6) Law enforcement entity.--The term ``law enforcement 
        entity'' means any Federal, State, local, or Indian tribal 
        public agency or department engaged in the prevention, 
        detection, or investigation of violations of criminal, 
        immigration, or customs laws.
            (7) 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.
            (8) Covered programs.--The term ``covered programs'' means 
        any grant issued under sections 604 through 607 of the Homeland 
        Security Act of 2002, or training at any Federal law 
        enforcement training facility under the jurisdiction of the 
        Department of Homeland Security.
            (9) 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 State. The term shall 
        be used synonymously with State programs of differing names.
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