H.R. 5727

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5727 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 5727

To eliminate racial, religious, and other discriminatory profiling by 
law enforcement, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

October 10, 2025

Mr. Cohen introduced the following bill; which was 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 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 and 
Religious Profiling Act of 2025'' or ``ERRPA''.
(b) Table of Contents.--The table of contents of this Act is as 
follows:

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 
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.

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 Justice Assistance 
Grant Program under subpart I of part E of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 
(34 U.S.C. 10151 et seq.); and
(B) the ``Cops on the Beat'' program under part Q 
of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10381 et seq.), except 
that no program, project, or other activity specified 
in section 1701(b)(13) of such part shall be a covered 
program under this paragraph.
(2) Governmental body.--The term ``governmental body'' 
means any department, agency, special purpose district, or 
other instrumentality of Federal, State, local, or Tribal 
government.
(3) Hit rate.--The term ``hit rate'' means the percentage 
of stops and searches in which a law enforcement officer finds 
drugs, a gun, or something else that leads to an arrest. The 
hit rate is calculated by dividing the total number of searches 
by the number of searches that yield contraband. The hit rate 
is complementary to the rate of false stops.
(4) Indian tribe.--The term ``Indian Tribe'' has the 
meaning given the ``Indian tribe'' term in section 102 of the 
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
5130).
(5) Law enforcement agency.--The term ``law enforcement 
agency'' means any Federal, State, local, or Tribal public 
agency engaged in the prevention, detection, or investigation 
of violations of criminal, immigration, or customs laws.
(6) Law enforcement agent.--The term ``law enforcement 
agent'' means any Federal, State, local, or Tribal official 
responsible for enforcing criminal, immigration, or customs 
laws, including police officers and other agents of a law 
enforcement agency.
(7) Racial profiling.--The term ``racial profiling'' means 
the practice of a law enforcement agent or agency relying, to 
any degree, on actual or perceived race, ethnicity, national 
origin, religion, gender, gender identity, or sexual 
orientation 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 with a particular characteristic 
described in this paragraph to an identified criminal incident 
or scheme.
(8) 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 
compiled for or by the Federal Bureau of Investigation 
or the Bureau of Justice Statistics.
(9) 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 disclosure of 
personal information; or
(C) would place a severe burden on the resources of 
the law enforcement agency given its size.
(10) 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.
(11) 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; or
(C) any Indian Tribe that performs law enforcement 
functions, as determined by the Secretary of the 
Interior.

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 individuals with a particular 
characteristic described in section 2(7) 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 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 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; and
(5) any other policies and procedures the Attorney General 
determines to be necessary to eliminate racial profiling by 
Federal law enforcement agencies.

TITLE III--PROGRAMS TO ELIMINATE RACIAL PROFILING BY STATE, LOCAL, AND 
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 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) has eliminated any existing practices that permit or 
encourage 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; 
and
(4) participation in an administrative complaint procedure 
or independent audit program that meets the requirements of 
section 302.
(c) Effective Date.--This section shall take effect 12 months after 
the date of enactment of this Act.

SEC. 302. 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, Tribal, and local law enforcement 
agencies and community, professional, research, and civil 
rights organizations, the Attorney General shall issue 
regulations for the operation of administrative complaint 
procedures and independent audit programs to ensure that such 
programs and procedures provide an appropriate response to 
allegations of racial profiling by law enforcement agents or 
agencies.
(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 a grant from any covered program is not in compliance with 
the requirements of section 301 or the regulations issued under 
subsection (a), the Attorney General shall withhold, in whole or in 
part (at the discretion of the Attorney General), funds for one or more 
grants to the recipient under the covered program, until the recipient 
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 recipient of a grant from any covered program is not in 
compliance with the requirements of this title.

SEC. 303. DATA COLLECTION DEMONSTRATION PROJECT.

(a) Competitive Awards.--
(1) In general.--The Attorney General may, through 
competitive grants or contracts, carry out a 2-year 
demonstration project for the purpose of developing and 
implementing data collection programs on the hit rates for 
stops and searches by law enforcement agencies. The data 
collected shall be disaggregated by race, ethnicity, national 
origin, gender, and religion.
(2) Number of grants.--The Attorney General shall provide 
not more than 5 grants or contracts under this section.
(3) Eligible grantees.--Grants or contracts under this 
section shall be awarded to law enforcement agencies that serve 
communities where there is a significant concentration of 
racial or ethnic minorities and that are not already collecting 
data voluntarily.
(b) Required Activities.--Activities carried out with a grant under 
this section shall include--
(1) developing a data collection tool and reporting the 
compiled data to the Attorney General; and
(2) training of law enforcement personnel on data 
collection, particularly for data collection on hit rates for 
stops and searches.
(c) 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 (as defined in section 101 of the 
Higher Education Act of 1965 (20 U.S.C. 1001)) to analyze the data 
collected by each of the grantees funded under this section.
(d) 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, to carry out the 
demonstration program under subsection (a); and
(2) $500,000 to carry out the evaluation under subsection 
(c).

SEC. 304. BEST PRACTICES DEVELOPMENT GRANTS.

(a) Grant Authorization.--The Attorney General, through the Bureau 
of Justice Assistance, may make grants to States, local 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) shall be 
used for programs that include the following purposes:
(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 
accurate collection and analysis of data.
(3) The development and acquisition of feedback systems and 
technologies that identify officers or units of officers 
engaged in, or at risk of engaging in, racial profiling or 
other misconduct.
(4) The establishment and maintenance of an administrative 
complaint procedure or independent auditor program.
(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. 305. 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 date of 
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 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) 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 made available under paragraph 
(3), and submit the form to the Civil Rights Division and the 
Bureau of Justice Statistics;
(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;
(7) provide that the Director of 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 hit rate; and
(iii) disparities in the frequency of 
searches performed on racial or ethnic minority 
drivers and the frequency of searches performed 
on nonminority drivers; and
(B) not later than 3 years after the date of 
enactment of this Act, and annually thereafter--
(i) prepare a report regarding the findings 
of the analysis conducted under subparagraph 
(A);
(ii) provide such report to Congress; and
(iii) make such report available to the 
public, including on a website of the 
Department of Justice; and
(8) protect the privacy of individuals whose data is 
collected by--
(A) limiting the use 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 nongovernmental 
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.

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, excluding any 
personally identifiable information described in section 403.

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--
(A) such disclosures as are necessary to comply 
with this Act;
(B) disclosures of information regarding a 
particular person to that person; or
(C) disclosures pursuant to litigation; or
(3) subject to disclosure under section 552 of title 5, 
United States Code (commonly known as the Freedom of 
Information Act), except for disclosures of information 
regarding a particular person to that person.

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 annually 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)(3) 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 Director of the Bureau of 
Justice Statistics under section 401(b)(7);
(C) the status of the adoption and implementation 
of policies and procedures by Federal law enforcement 
agencies under section 201 and by State and local law 
enforcement agencies under sections 301 and 302; and
(D) 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 a 
provision to any person or circumstance, is held to be 
unconstitutional, the remainder of this Act and the application of the 
remaining 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--
(1) 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 (34 U.S.C. 12601), the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.), 
or title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et 
seq.);
(2) to affect any Federal, State, or Tribal law that 
applies to an Indian Tribe because of the political status of 
the Tribe; or
(3) to waive the sovereign immunity of an Indian Tribe 
without the consent of the Tribe.
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