End Racial Profiling Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 4339 To eliminate racial profiling by law enforcement, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 16, 2019 Ms. JACKSON LEE (for herself, Ms. ADAMS, Ms. BARRAGA´N, Mrs. BEATTY, Mr. BISHOP of Georgia, Mr. BLUMENAUER, Mr. CARSON of Indiana, Mr. CARTWRIGHT, Ms. CASTOR of Florida, Ms. JUDY CHU of California, Mr. CICILLINE, Ms. CLARKE of New York, Mr. COHEN, Mr. CONNOLLY, Mr. CUMMINGS, Mr. DANNY K. DAVIS of Illinois, Ms. DEGETTE, Ms. DELBENE, Mr. DEUTCH, Mrs. DINGELL, Ms. ESHOO, Mr. ESPAILLAT, Mr. EVANS, Mr. GARCI´A of Illinois, Mr. GREEN of Texas, Mr. HASTINGS, Mr. HECK, Ms. NORTON, Mr. HUFFMAN, Ms. JAYAPAL, Mr. JOHNSON of Georgia, Ms. KELLY of Illinois, Mr. KENNEDY, Mr. LAWSON of Flor- ida, Ms. LEE of California, Mr. LOWENTHAL, Ms. MCCOLLUM, Mr. MEEKS, Mr. NADLER, Mrs. NAPOLITANO, Mr. POCAN, Mr. PRICE of North Carolina, Mr. RICHMOND, Mr. RUSH, Mr. RYAN, Ms. SA´NCHEZ, Mr. SARBANES, Ms. SCHAKOWSKY, Mr. SERRANO, Ms. SEWELL of Ala- bama, Mr. SMITH of Washington, Mr. SWALWELL of California, Mr. THOMPSON of Mississippi, Ms. VELA´ZQUEZ, Mrs. WATSON COLEMAN, and Mr. WELCH) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To eliminate racial 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 VerDate Sep 11 2014 00:58 Sep 17, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4339.IH H4339 kjohnson on DSK79L0C42 with BILLS 2 •HR 4339 IH SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘End Racial Profiling Act of 2019’’. 3 (b) TABLE OF CONTENTS.—The table of contents of 4 this Act is as follows: 5 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. 6 In this Act: 7 VerDate Sep 11 2014 00:58 Sep 17, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4339.IH H4339 kjohnson on DSK79L0C42 with BILLS 3 •HR 4339 IH (1) COVERED PROGRAM.—The term ‘‘covered 1 program’’ means any program or activity funded in 2 whole or in part with funds made available under— 3 (A) the Edward Byrne Memorial Justice 4 Assistance Grant Program under part E of title 5 I of the Omnibus Crime Control and Safe 6 Streets Act of 1968 (42 U.S.C. 3750 et seq.); 7 and 8 (B) the ‘‘Cops on the Beat’’ program 9 under part Q of title I of the Omnibus Crime 10 Control and Safe Streets Act of 1968 (42 11 U.S.C. 3796dd et seq.), except that no pro- 12 gram, project, or other activity specified in sec- 13 tion 1701(b)(13) of such part shall be a covered 14 program under this paragraph. 15 (2) GOVERNMENTAL BODY.—The term ‘‘govern- 16 mental body’’ means any department, agency, special 17 purpose district, or other instrumentality of Federal, 18 State, local, or Indian tribal government. 19 (3) HIT RATE.—The term ‘‘hit rate’’ means the 20 percentage of stops and searches in which a law en- 21 forcement officer finds drugs, a gun, or other con- 22 traband that leads to an arrest. The hit rate is cal- 23 culated by dividing the total number of searches by 24 VerDate Sep 11 2014 00:58 Sep 17, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4339.IH H4339 kjohnson on DSK79L0C42 with BILLS 4 •HR 4339 IH the number of searches that yield contraband. The 1 hit rate is complementary to the rate of false stops. 2 (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 3 has the meaning given the term in section 102 of the 4 Federally Recognized Indian Tribe List Act of 1994 5 (25 U.S.C. 479a). 6 (5) LAW ENFORCEMENT AGENCY.—The term 7 ‘‘law enforcement agency’’ means any Federal, 8 State, local, or Indian tribal public agency engaged 9 in the prevention, detection, or investigation of viola- 10 tions of criminal, immigration, or customs laws. 11 (6) LAW ENFORCEMENT AGENT.—The term 12 ‘‘law enforcement agent’’ means any Federal, State, 13 local, or Indian tribal official responsible for enforc- 14 ing criminal, immigration, or customs laws, includ- 15 ing police officers and other agents of a law enforce- 16 ment agency. 17 (7) RACIAL PROFILING.—The term ‘‘racial 18 profiling’’ means the practice of a law enforcement 19 agent or agency relying, to any degree, on actual or 20 perceived race, ethnicity, national origin, religion, 21 gender, gender identity, or sexual orientation in se- 22 lecting which individual to subject to routine or 23 spontaneous investigatory activities or in deciding 24 upon the scope and substance of law enforcement ac- 25 VerDate Sep 11 2014 00:58 Sep 17, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4339.IH H4339 kjohnson on DSK79L0C42 with BILLS 5 •HR 4339 IH tivity following the initial investigatory procedure, 1 except when there is trustworthy information, rel- 2 evant to the locality and timeframe, that links a per- 3 son with a particular characteristic described in this 4 paragraph to an identified criminal incident or 5 scheme. 6 (8) ROUTINE OR SPONTANEOUS INVESTIGATORY 7 ACTIVITIES.—The term ‘‘routine or spontaneous in- 8 vestigatory activities’’ means the following activities 9 by a law enforcement agent: 10 (A) Interviews. 11 (B) Traffic stops. 12 (C) Pedestrian stops. 13 (D) Frisks and other types of body 14 searches. 15 (E) Consensual or nonconsensual searches 16 of the persons, property, or possessions (includ- 17 ing vehicles) of individuals using any form of 18 public or private transportation, including mo- 19 torists and pedestrians. 20 (F) Data collection and analysis, assess- 21 ments, and predicated investigations. 22 (G) Inspections and interviews of entrants 23 into the United States that are more extensive 24 than those customarily carried out. 25 VerDate Sep 11 2014 00:58 Sep 17, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4339.IH H4339 kjohnson on DSK79L0C42 with BILLS 6 •HR 4339 IH (H) Immigration-related workplace inves- 1 tigations. 2 (I) Such other types of law enforcement 3 encounters compiled for or by the Federal Bu- 4 reau of Investigation or the Department of Jus- 5 tice Bureau of Justice Statistics. 6 (9) REASONABLE REQUEST.—The term ‘‘rea- 7 sonable request’’ means all requests for information, 8 except for those that— 9 (A) are immaterial to the investigation; 10 (B) would result in the unnecessary disclo- 11 sure of personal information; or 12 (C) would place a severe burden on the re- 13 sources of the law enforcement agency given its 14 size. 15 (10) STATE.—The term ‘‘State’’ means each of 16 the 50 States, the District of Columbia, the Com- 17 monwealth of Puerto Rico, and any other territory 18 or possession of the United States. 19 (11) UNIT OF LOCAL GOVERNMENT.—The term 20 ‘‘unit of local government’’ means— 21 (A) any city, county, township, town, bor- 22 ough, parish, village, or other general purpose 23 political subdivision of a State; 24 VerDate Sep 11 2014 00:58 Sep 17, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4339.IH H4339 kjohnson on DSK79L0C42 with BILLS 7 •HR 4339 IH (B) any law enforcement district or judicial 1 enforcement district that— 2 (i) is established under applicable 3 State law; and 4 (ii) has the authority to, in a manner 5 independent of other State entities, estab- 6 lish a budget and impose taxes; or 7 (C) any Indian tribe that performs law en- 8 forcement functions, as determined by the Sec- 9 retary of the Interior. 10 TITLE I—PROHIBITION OF 11 RACIAL PROFILING 12 SEC. 101. PROHIBITION. 13 No law enforcement agent or law enforcement agency 14 shall engage in racial profiling. 15 SEC. 102. ENFORCEMENT. 16 (a) REMEDY.—The United States, or an individual 17 injured by racial profiling, may enforce this title in a civil 18 action for declaratory or injunctive relief, filed either in 19 a State court of general jurisdiction or in a district court 20 of the United States. 21 (b) PARTIES.—In any action brought under this title, 22 relief may be obtained against— 23 VerDate Sep 11 2014 00:58 Sep 17, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4339.IH H4339 kjohnson on DSK79L0C42 with BILLS 8 •HR 4339 IH (1) any governmental body that employed any 1 law enforcement agent who engaged in racial 2 profiling; 3 (2) any agent of such body who engaged in ra- 4 cial profiling; and 5 (3) any person with supervisory authority over 6 such agent. 7 (c) NATURE OF PROOF.—Proof that the routine or 8 spontaneous investigatory activities of law enforcement 9 agents in a jurisdiction have had a disparate impact on 10 individuals with a particular characteristic described in 11 section 2(7) shall constitute prima facie evidence of a vio- 12 lation of this title. 13 (d) ATTORNEY’S FEES.—In any action or proceeding 14 to enforce this title against any governmental body, the 15 court may allow a prevailing plaintiff, other than the 16 United States, reasonable attorney’s fees as part of the 17 costs, and may include expert fees as part of the attorney’s 18 fee. 19 VerDate Sep 11 2014 00:58 Sep 17, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4339.IH H4339 kjohnson on DSK79L0C42 with BILLS 9 •HR 4339 IH TITLE II—PROGRAMS TO ELIMI- 1 NATE RACIAL PROFILING BY 2 FEDERAL LAW ENFORCE- 3 MENT AGENCIES 4 SEC. 201. POLICIES TO ELIMINATE RACIAL PROFILING. 5 (a) IN GENERAL.—Federal law enforcement agencies 6 shall— 7 (1) maintain adequate policies and procedures 8 designed to eliminate racial profiling; and 9 (2) cease existing practices that permit racial 10 profiling. 11 (b) POLICIES.—The policies and procedures de- 12 scribed in subsection (a)(1) shall include— 13 (1) a prohibition on racial profiling; 14 (2) training on racial profiling issues as part of 15 Federal law enforcement training; 16 (3) the collection of data in accordance with the 17 regulations issued by the Attorney General under 18 section 401; 19 (4) procedures for receiving, investigating, and 20 responding meaningfully to complaints alleging ra- 21 cial profiling by law enforcement agents; and 22 (5) any other policies and procedures the Attor- 23 ney General determines to be necessary to eliminate 24 racial profiling by Federal law enforcement agencies. 25 VerDate Sep 11 2014 00:58 Sep 17, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4339.IH H4339 kjohnson on DSK79L0C42 with BILLS 10 •HR 4339 IH TITLE III—PROGRAMS TO ELIMI- 1 NATE RACIAL PROFILING BY 2 STATE, LOCAL, AND INDIAN 3 TRIBAL LAW ENFORCEMENT 4 AGENCIES 5 SEC. 301. POLICIES REQUIRED FOR GRANTS. 6 (a) IN GENERAL.—An application by a State, a unit 7 of local government, or a State, local, or Indian tribal law 8 enforcement agency for funding under a covered program 9 shall include a certification that such State, unit of local 10 government, or law enforcement agency, and any law en- 11 forcement agency to which it will distribute funds— 12 (1) maintains adequate policies and procedures 13 designed to eliminate racial profiling; and 14 (2) has eliminated any existing practices that 15 permit or encourage racial profiling. 16 (b) POLICIES.—The policies and procedures de- 17 scribed in subsection (a)(1) shall include— 18 (1) a prohibition on racial profiling; 19 (2) training on racial profiling issues as part of 20 law enforcement training; 21 (3) the collection of data in accordance with the 22 regulations issued by the Attorney General under 23 section 401; and 24 VerDate Sep 11 2014 00:58 Sep 17, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4339.IH H4339 kjohnson on DSK79L0C42 with BILLS 11 •HR 4339 IH (4) participation in an administrative complaint 1 procedure or independent audit program that meets 2 the requirements of section 302. 3 (c) EFFECTIVE DATE.—This section shall take effect 4 12 months after the date of enactment of this Act. 5 SEC. 302. INVOLVEMENT OF ATTORNEY GENERAL. 6 (a) REGULATIONS.— 7 (1) IN GENERAL.—Not later than 6 months 8 after the date of enactment of this Act and in con- 9 sultation with stakeholders, including Federal, State, 10 tribal, and local law enforcement agencies and com- 11 munity, professional, research, and civil rights orga- 12 nizations, the Attorney General shall issue regula- 13 tions for the operation of administrative complaint 14 procedures and independent audit programs to en- 15 sure that such programs and procedures provide an 16 appropriate response to allegations of racial profiling 17 by law enforcement agents or agencies. 18 (2) GUIDELINES.—The regulations issued 19 under paragraph (1) shall contain guidelines that 20 ensure the fairness, effectiveness, and independence 21 of the administrative complaint procedures and inde- 22 pendent auditor programs. 23 (b) NONCOMPLIANCE.—If the Attorney General de- 24 termines that the recipient of a grant from any covered 25 VerDate Sep 11 2014 00:58 Sep 17, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4339.IH H4339 kjohnson on DSK79L0C42 with BILLS 12 •HR 4339 IH program is not in compliance with the requirements of sec- 1 tion 301 or the regulations issued under subsection (a), 2 the Attorney General shall withhold, in whole or in part 3 (at the discretion of the Attorney General), funds for 1 4 or more grants to the recipient under the covered pro- 5 gram, until the recipient establishes compliance. 6 (c) PRIVATE PARTIES.—The Attorney General shall 7 provide notice and an opportunity for private parties to 8 present evidence to the Attorney General that a recipient 9 of a grant from any covered program is not in compliance 10 with the requirements of this title. 11 SEC. 303. DATA COLLECTION DEMONSTRATION PROJECT. 12 (a) COMPETITIVE AWARDS.— 13 (1) IN GENERAL.—The Attorney General may, 14 through competitive grants or contracts, carry out a 15 2-ye [Text truncated for display. Full text available on Congress.gov.]