ERRPA

II 117TH CONGRESS 1ST SESSION S. 597 To eliminate racial, religious, and other discriminatory profiling by law enforcement, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 4, 2021 Mr. CARDIN (for himself, Mr. WHITEHOUSE, Mrs. FEINSTEIN, Ms. CANT- WELL, Ms. BALDWIN, Mr. BOOKER, Mr. BLUMENTHAL, Ms. WARREN, Mr. VAN HOLLEN, Mr. SANDERS, Ms. SMITH, Ms. HIRONO, Ms. KLO- BUCHAR, Mr. DURBIN, Mr. MARKEY, Mr. BROWN, Mr. WYDEN, Mr. MENENDEZ, Ms. DUCKWORTH, Mrs. GILLIBRAND, Mr. LUJA´N, Mr. MERKLEY, Ms. STABENOW, and Mr. PADILLA) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To eliminate racial, religious, and other discriminatory profiling by law enforcement, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘End Racial and Religious Profiling Act of 2021’’ or 5 ‘‘ERRPA’’. 6 (b) TABLE OF CONTENTS.—The table of contents of 7 this Act is as follows: 8 VerDate Sep 11 2014 23:45 Apr 01, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S597.IS S597 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 597 IS Sec. 1. Short title; table of contents. Sec. 2. 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. Involvement of Attorney General. Sec. 303. Data collection demonstration project. Sec. 304. Best practices development grants. Sec. 305. 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. DEFINITIONS. 1 In this Act: 2 (1) COVERED PROGRAM.—The term ‘‘covered 3 program’’ means any program or activity funded in 4 whole or in part with funds made available under— 5 (A) the Edward Byrne Memorial Justice 6 Assistance Grant Program under part E of title 7 I of the Omnibus Crime Control and Safe 8 VerDate Sep 11 2014 23:45 Apr 01, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S597.IS S597 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 597 IS Streets Act of 1968 (34 U.S.C. 10150 et seq.); 1 and 2 (B) the ‘‘Cops on the Beat’’ program 3 under part Q of title I of the Omnibus Crime 4 Control and Safe Streets Act of 1968 (34 5 U.S.C. 10381 et seq.), except that no program, 6 project, or other activity specified in section 7 1701(b)(13) of such part shall be a covered 8 program under this paragraph. 9 (2) GOVERNMENTAL BODY.—The term ‘‘govern- 10 mental body’’ means any department, agency, special 11 purpose district, or other instrumentality of Federal, 12 State, local, or Indian tribal government. 13 (3) HIT RATE.—The term ‘‘hit rate’’ means the 14 percentage of stops and searches in which a law en- 15 forcement officer finds drugs, a gun, or something 16 else that leads to an arrest. The hit rate is cal- 17 culated by dividing the total number of searches by 18 the number of searches that yield contraband. The 19 hit rate is complementary to the rate of false stops. 20 (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 21 has the meaning given the term in section 102 of the 22 Federally Recognized Indian Tribe List Act of 1994 23 (25 U.S.C. 5130). 24 VerDate Sep 11 2014 23:45 Apr 01, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S597.IS S597 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 597 IS (5) LAW ENFORCEMENT AGENCY.—The term 1 ‘‘law enforcement agency’’ means any Federal, 2 State, local, or Indian tribal public agency engaged 3 in the prevention, detection, or investigation of viola- 4 tions of criminal, immigration, or customs laws. 5 (6) LAW ENFORCEMENT AGENT.—The term 6 ‘‘law enforcement agent’’ means any Federal, State, 7 local, or Indian tribal official responsible for enforc- 8 ing criminal, immigration, or customs laws, includ- 9 ing police officers and other agents of a law enforce- 10 ment agency. 11 (7) RACIAL PROFILING.—The term ‘‘racial 12 profiling’’ means the practice of a law enforcement 13 agent or agency relying, to any degree, on actual or 14 perceived race, ethnicity, national origin, religion, 15 gender, gender identity, or sexual orientation in se- 16 lecting which individual to subject to routine or 17 spontaneous investigatory activities or in deciding 18 upon the scope and substance of law enforcement ac- 19 tivity following the initial investigatory procedure, 20 except when there is trustworthy information, rel- 21 evant to the locality and timeframe, that links a per- 22 son with a particular characteristic described in this 23 paragraph to an identified criminal incident or 24 scheme. 25 VerDate Sep 11 2014 23:45 Apr 01, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S597.IS S597 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 597 IS (8) ROUTINE OR SPONTANEOUS INVESTIGATORY 1 ACTIVITIES.—The term ‘‘routine or spontaneous in- 2 vestigatory activities’’ means the following activities 3 by a law enforcement agent: 4 (A) Interviews. 5 (B) Traffic stops. 6 (C) Pedestrian stops. 7 (D) Frisks and other types of body 8 searches. 9 (E) Consensual or nonconsensual searches 10 of the persons, property, or possessions (includ- 11 ing vehicles) of individuals using any form of 12 public or private transportation, including mo- 13 torists and pedestrians. 14 (F) Data collection and analysis, assess- 15 ments, and predicated investigations. 16 (G) Inspections and interviews of entrants 17 into the United States that are more extensive 18 than those customarily carried out. 19 (H) Immigration-related workplace inves- 20 tigations. 21 (I) Such other types of law enforcement 22 encounters compiled for or by the Federal Bu- 23 reau of Investigation or the Department of Jus- 24 tice Bureau of Justice Statistics. 25 VerDate Sep 11 2014 23:45 Apr 01, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S597.IS S597 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 597 IS (9) REASONABLE REQUEST.—The term ‘‘rea- 1 sonable request’’ means all requests for information, 2 except for those that— 3 (A) are immaterial to the investigation; 4 (B) would result in the unnecessary disclo- 5 sure of personal information; or 6 (C) would place a severe burden on the re- 7 sources of the law enforcement agency given its 8 size. 9 (10) STATE.—The term ‘‘State’’ means each of 10 the 50 States, the District of Columbia, the Com- 11 monwealth of Puerto Rico, and any other territory 12 or possession of the United States. 13 (11) UNIT OF LOCAL GOVERNMENT.—The term 14 ‘‘unit of local government’’ means— 15 (A) any city, county, township, town, bor- 16 ough, parish, village, or other general purpose 17 political subdivision of a State; 18 (B) any law enforcement district or judicial 19 enforcement district that— 20 (i) is established under applicable 21 State law; and 22 (ii) has the authority to, in a manner 23 independent of other State entities, estab- 24 lish a budget and impose taxes; or 25 VerDate Sep 11 2014 23:45 Apr 01, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S597.IS S597 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 597 IS (C) any Indian tribe that performs law en- 1 forcement functions, as determined by the Sec- 2 retary of the Interior. 3 TITLE I—PROHIBITION OF 4 RACIAL PROFILING 5 SEC. 101. PROHIBITION. 6 No law enforcement agent or law enforcement agency 7 shall engage in racial profiling. 8 SEC. 102. ENFORCEMENT. 9 (a) REMEDY.—The United States, or an individual 10 injured by racial profiling, may enforce this title in a civil 11 action for declaratory or injunctive relief, filed either in 12 a State court of general jurisdiction or in a district court 13 of the United States. 14 (b) PARTIES.—In any action brought under this title, 15 relief may be obtained against— 16 (1) any governmental body that employed any 17 law enforcement agent who engaged in racial 18 profiling; 19 (2) any agent of such body who engaged in ra- 20 cial profiling; and 21 (3) any person with supervisory authority over 22 such agent. 23 (c) NATURE OF PROOF.—Proof that the routine or 24 spontaneous investigatory activities of law enforcement 25 VerDate Sep 11 2014 23:45 Apr 01, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S597.IS S597 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 597 IS agents in a jurisdiction have had a disparate impact on 1 individuals with a particular characteristic described in 2 section 2(7) shall constitute prima facie evidence of a vio- 3 lation of this title. 4 (d) ATTORNEY’S FEES.—In any action or proceeding 5 to enforce this title against any governmental body, the 6 court may allow a prevailing plaintiff, other than the 7 United States, reasonable attorney’s fees as part of the 8 costs, and may include expert fees as part of the attorney’s 9 fee. 10 TITLE II—PROGRAMS TO ELIMI- 11 NATE RACIAL PROFILING BY 12 FEDERAL LAW ENFORCE- 13 MENT AGENCIES 14 SEC. 201. POLICIES TO ELIMINATE RACIAL PROFILING. 15 (a) IN GENERAL.—Federal law enforcement agencies 16 shall— 17 (1) maintain adequate policies and procedures 18 designed to eliminate racial profiling; and 19 (2) cease existing practices that permit racial 20 profiling. 21 (b) POLICIES.—The policies and procedures de- 22 scribed in subsection (a)(1) shall include— 23 (1) a prohibition on racial profiling; 24 VerDate Sep 11 2014 23:45 Apr 01, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S597.IS S597 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 597 IS (2) training on racial profiling issues as part of 1 Federal law enforcement training; 2 (3) the collection of data in accordance with the 3 regulations issued by the Attorney General under 4 section 401; 5 (4) procedures for receiving, investigating, and 6 responding meaningfully to complaints alleging ra- 7 cial profiling by law enforcement agents; and 8 (5) any other policies and procedures the Attor- 9 ney General determines to be necessary to eliminate 10 racial profiling by Federal law enforcement agencies. 11 TITLE III—PROGRAMS TO ELIMI- 12 NATE RACIAL PROFILING BY 13 STATE, LOCAL, AND INDIAN 14 TRIBAL LAW ENFORCEMENT 15 AGENCIES 16 SEC. 301. POLICIES REQUIRED FOR GRANTS. 17 (a) IN GENERAL.—An application by a State, a unit 18 of local government, or a State, local, or Indian tribal law 19 enforcement agency for funding under a covered program 20 shall include a certification that such State, unit of local 21 government, or law enforcement agency, and any law en- 22 forcement agency to which it will distribute funds— 23 (1) maintains adequate policies and procedures 24 designed to eliminate racial profiling; and 25 VerDate Sep 11 2014 23:45 Apr 01, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S597.IS S597 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 597 IS (2) has eliminated any existing practices that 1 permit or encourage racial profiling. 2 (b) POLICIES.—The policies and procedures de- 3 scribed in subsection (a)(1) shall include— 4 (1) a prohibition on racial profiling; 5 (2) training on racial profiling issues as part of 6 law enforcement training; 7 (3) the collection of data in accordance with the 8 regulations issued by the Attorney General under 9 section 401; and 10 (4) participation in an administrative complaint 11 procedure or independent audit program that meets 12 the requirements of section 302. 13 (c) EFFECTIVE DATE.—This section shall take effect 14 12 months after the date of enactment of this Act. 15 SEC. 302. INVOLVEMENT OF ATTORNEY GENERAL. 16 (a) REGULATIONS.— 17 (1) IN GENERAL.—Not later than 6 months 18 after the date of enactment of this Act and in con- 19 sultation with stakeholders, including Federal, State, 20 tribal, and local law enforcement agencies and com- 21 munity, professional, research, and civil rights orga- 22 nizations, the Attorney General shall issue regula- 23 tions for the operation of administrative complaint 24 procedures and independent audit programs to en- 25 VerDate Sep 11 2014 23:45 Apr 01, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S597.IS S597 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 597 IS sure that such programs and procedures provide an 1 appropriate response to allegations of racial profiling 2 by law enforcement agents or agencies. 3 (2) GUIDELINES.—The regulations issued 4 under paragraph (1) shall contain guidelines that 5 ensure the fairness, effectiveness, and independence 6 of the administrative complaint procedures and inde- 7 pendent auditor programs. 8 (b) NONCOMPLIANCE.—If the Attorney General de- 9 termines that the recipient of a grant from any covered 10 program is not in compliance with the requirements of sec- 11 tion 301 or the regulations issued under subsection (a), 12 the Attorney General shall withhold, in whole or in part 13 (at the discretion of the Attorney General), funds for one 14 or more grants to the recipient under the covered pro- 15 gram, until the recipient establishes compliance. 16 (c) PRIVATE PARTIES.—The Attorney General shall 17 provide notice and an opportunity for private parties to 18 present evidence to the Attorney General that a recipient 19 of a grant from any covered program is not in compliance 20 with the requirements of this title. 21 SEC. 303. DATA COLLECTION DEMONSTRATION PROJECT. 22 (a) COMPETITIVE AWARDS.— 23 (1) IN GENERAL.—The Attorney General may, 24 through competitive grants or contracts, carry out a 25 VerDate Sep 11 2014 23:45 Apr 01, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S597.IS S597 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 597 IS 2-year demonstration project for the purpose of de- 1 veloping and implementing data collection programs 2 on the hit rates for stops and searches by law en- 3 forcement agencies. The data collected shall be 4 disaggregated by race, ethnicity, national origin, 5 gender, and religion. 6 (2) NUMBER OF GRANTS.—The Attorney Gen- 7 eral shall provide not more than 5 grants or con- 8 tracts under this section. 9 (3) ELIGIBLE GRANTEES.—Grants or contracts 10 under this section shall be awarded to law enforce- 11 ment agencies that serve commun [Text truncated for display. Full text available on Congress.gov.]