Universal Racial Profiling Elimination Standards, and Procedures for Effective Constitutional Rights Training Act or the Universal RESPECT Act - Prohibits federal law enforcement agents from engaging in racial profiling. Requires: (1) the Attorney General to review all applicable law enforcement policies and procedures to ensure that they are sufficient to eliminate racial profiling while performing official law enforcement duties, and (2) the Secretary of Homeland Security (DHS) to ensure that no recipient of covered federal law enforcement assistance engages in racial profiling.
Directs the Officer for Civil Rights and Civil Liberties and the Director of the Federal Law Enforcement Training Center (FLETC) to develop and incorporate any necessary changes to all training, curriculum, and professional certification classes to ensure consistency with the requirements of this Act.
Requires: (1) the Director to identify, develop, and update model practices that prevent racial profiling; and (2) the Federal Law Enforcement Training Accreditation Board (FLETAB) to incorporate such practices into the law enforcement community through the Federal Law Enforcement Training Accreditation Model Practice Clearinghouse and other means.
Directs FLETAB to: (1) develop a standard of review of anti-racial profiling components of law enforcement training curricula, and (2) deny accreditation or reaccreditation to academies, programs, and instructors not meeting such standard.
Requires: (1) the Officer and the Office for State and Local Government Coordination to review the Peace Officer Standards and Training (POST) or equivalent program of the states to assess the anti-racial profiling education component of such curricula, and (2) the Secretary to notify states of deficiencies in the curriculum and to make available to the states assistance to develop sufficient curriculum to meet minimum anti-racial profiling standards.
Amends the Homeland Security Act of 2002 to require state, local, and tribal government recipients of DHS grants for law enforcement to certify that they do not engage in racial profiling.
Directs the Officer and the FLETC to develop guidance, outreach, training, and programs that include civil rights and civil liberties training, in particular programs designed to prevent racial profiling.
Directs the Secretary to: (1) 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; and (2) make available to the states assistance to develop sufficient curriculum to meet minimum anti-racial profiling standards.
Requires guidance for DHS grants for law enforcement to inform recipients that expenditures on any training, programs, presentations, and speakers that are acquired from an entity other than DHS must be approved in advance by the Chief Privacy Officer and the Office for Civil Rights and Civil Liberties.
Grants the Officer primary jurisdiction over all matters relating to the review, implementation, and oversight of the requirements of this Act.
Requires the Officer: (1) using information gained by investigations of complaints and information indicating possible abuses of civil rights or civil liberties by DHS employees and officials or that are related to DHS activities, to make recommendations to DHS 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 action; and (2) to 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 DHS. Requires each DHS component and executive agency to ensure that it provides the Officer with access to requested information within 30 days after the Officer requests it. Authorizes the Officer to require access by subpoena to any institution or entity outside of the federal government and any record relating to such institution or entity that is the subject of or related to an investigation.
Authorizes the Officer to: (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; and (2) suspend the eligibility of a state, local, or tribal law enforcement agency to receive grants or training at federal law enforcement training facilities for violating this Act until the practices of the agency are brought into compliance.
Requires law enforcement entities receiving grants or training from DHS to: (1) collect data on all routine or spontaneous investigatory activities, (2) provide that the data collected shall include detail sufficient to permit an analysis of whether a law enforcement agency is engaging in racial profiling, (3) utilize a standardized form that shall be made available to law enforcement agencies, (4) maintain all data collected for not less than four years, and (5) protect the privacy of individuals whose data is collected.
Directs the Officer to receive and maintain data from the states on: (1) the implementation of racial profiling education curricula in state POSTor equivalent state-level program peace officer certification, (2) the adoption rate by state POST programs of the FLETAB model practices on racial profiling, (3) the number of credible complaints of improper racial profiling practices filed against state law enforcement entities, (4) the disposition of such complaints, and (5) the disciplinary action by state law enforcement entities against officers and agents adjudicated guilty of improper racial profiling practices.
Requires the Secretary's annual report on the Officer to include a section related to the enforcement of this Act.
[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.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Oversight and Management Efficiency.
Referred to the Subcommittee on Emergency Preparedness, Response and Communications.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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