1201. Short title
This title may be cited as the “Police Reporting Information, Data, and Evidence Act of 2019” or the “PRIDE Act”.
Division D — Police Reform
D Police Reform
XII PRIDE Act
1202. Definitions
In this title:
Byrne grant program— The term Byrne grant program means any grant program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), without regard to whether the funds are characterized as being made available under the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise.
Indian Tribe— The term Indian Tribe has the meaning given the term “Indian tribe” in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251).
Law enforcement officer— The term law enforcement officer means any officer, agent, or employee of a State, unit of local government, or Indian Tribe authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law.
State— The term State has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251).
Use of force— The term use of force includes the use of a firearm, Taser, explosive device, chemical agent (such as pepper spray), baton, impact projectile, blunt instrument, hand, fist, foot, canine, or vehicle against an individual.
1203. Use of force reporting
Reporting requirements—
In general— Beginning in the first fiscal year beginning after the date of enactment of this Act and each fiscal year thereafter in which a State or Indian Tribe receives funds under a Byrne grant program, the State or Indian Tribe shall—
report to the Attorney General, on a quarterly basis and pursuant to guidelines established by the Attorney General, information regarding—
any incident involving the shooting of a civilian by a law enforcement officer who is employed—
in the case of an Indian Tribe, by the Indian Tribe; or
in the case of a State, by the State or by a unit of local government in the State;
any incident involving the shooting of a law enforcement officer described in clause (i) by a civilian; and
any incident in which use of force by or against a law enforcement officer described in clause (i) occurs, which is not reported under clause (i) or (ii);
establish a system and a set of policies to ensure that all use of force incidents are reported by law enforcement officers; and
submit to the Attorney General a plan for the collection of data required to be reported under this section, including any modifications to a previously submitted data collection plan.
Report information required—
In general— The report required under paragraph (1)(A) shall contain information that includes, at a minimum—
the national origin, sex, race, ethnicity, age, physical disability, mental disability, English language proficiency, housing status, and school status of each civilian against whom a law enforcement officer used force;
the date, time, and location, including zip code, of the incident and whether the jurisdiction in which the incident occurred allows for the open-carry or concealed-carry of a firearm;
whether the civilian was armed, and, if so, the type of weapon the civilian had;
the type of force used against the officer, the civilian, or both, including the types of weapons used;
the reason force was used;
a description of any injuries sustained as a result of the incident;
the number of officers involved in the incident;
the number of civilians involved in the incident; and
a brief description regarding the circumstances surrounding the incident, which shall include information on—
the type of force used by all involved persons;
the legitimate police objective necessitating the use of force;
the resistance encountered by each law enforcement officer involved in the incident;
the efforts by law enforcement officers to—
de-escalate the situation in order to avoid the use of force; or
minimize the level of force used; and
if applicable, the reason why efforts described in subclause (IV) were not attempted.
Incidents reported under Death in Custody Reporting Act— A State is not required to include in a report under subsection (a)(1) an incident reported by the State in accordance with section 20104(a)(2) of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12104(a)(2)).
Audit of use-of-force reporting— Not later than 1 year after the date of enactment of this Act, and each year thereafter, each State and Indian Tribe described in paragraph (1) shall—
conduct an audit of the use of force incident reporting system required to be established under paragraph (1)(B); and
submit a report to the Attorney General on the audit conducted under subparagraph (A).
Compliance procedure— Prior to submitting a report under paragraph (1)(A), the State or Indian Tribe submitting such report shall compare the information compiled to be reported pursuant to clause (i) of paragraph (1)(A) to open-source data records, and shall revise such report to include any incident determined to be missing from the report based on such comparison. Failure to comply with the procedures described in the previous sentence shall be considered a failure to comply with the requirements of this section.
Ineligibility for funds—
In general— For any fiscal year in which a State or Indian Tribe fails to comply with this section, the State or Indian Tribe, at the discretion of the Attorney General, shall be subject to not more than a 10-percent reduction of the funds that would otherwise be allocated for that fiscal year to the State or Indian Tribe under a Byrne grant program.
Reallocation— Amounts not allocated under a Byrne grant program in accordance with paragraph (1) to a State for failure to comply with this section shall be reallocated under the Byrne grant program to States that have not failed to comply with this section.
Public availability of data—
In general— Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall publish, and make available to the public, a report containing the data reported to the Attorney General under this section.
Privacy protections— Nothing in this subsection shall be construed to supersede the requirements or limitations under section 552a of title 5, United States Code (commonly known as the “Privacy Act of 1974”).
Guidance— Not later than 180 days after the date of enactment of this Act, the Attorney General, in coordination with the Director of the Federal Bureau of Investigation, shall issue guidance on best practices relating to establishing standard data collection systems that capture the information required to be reported under subsection (a)(2), which shall include standard and consistent definitions for terms, including the term use of force which is consistent with the definition of such term in section 1202.
1204. Community and law enforcement partnership grant program
Grants authorized— The Attorney General may make grants to eligible law enforcement agencies to be used for the activities described in subsection (c).
Eligibility— In order to be eligible to receive a grant under this section a law enforcement agency shall—
be located in a State or Indian Tribe that receives funds under a Byrne grant program;
employ not more that 100 law enforcement officers;
demonstrate that the use of force policy for law enforcement officers employed by the law enforcement agency is publicly available; and
establish and maintain a reporting system that may be used by members of the public to report incidents of use of force to the law enforcement agency.
Activities described— A grant made under this section may be used by a law enforcement agency for—
the cost of assisting the State or Indian Tribe in which the law enforcement agency is located in complying with the reporting requirements described in section 1203;
the cost of establishing necessary systems required to investigate and report incidents as required under subsection (b)(4);
public awareness campaigns designed to gain information from the public on use of force by or against law enforcement officers, including shootings, which may include tip lines, hotlines, and public service announcements; and
use of force training for law enforcement agencies and personnel, including training on de-escalation, implicit bias, crisis intervention techniques, and adolescent development.
1205. Compliance with reporting requirements
In general— Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall conduct an audit and review of the information provided under this title to determine whether each State or Indian Tribe described in section 903(a)(1) is in compliance with the requirements of this title.
Consistency in data reporting—
In general— Any data reported under this title shall be collected and reported in a manner consistent with existing programs of the Department of Justice that collect data on law enforcement officer encounters with civilians.
Guidelines— The Attorney General shall—
issue guidelines on the reporting requirement under section 1203; and
seek public comment before finalizing the guidelines required under subparagraph (A).
1206. Authorization of appropriations
There are authorized to be appropriated to the Attorney General such sums as are necessary to carry out this title.
XIII End Racial and Religious Profiling Act
1301. Short title
This title may be cited as the “End Racial and Religious Profiling Act of 2019” or “ERRPA”.
1302. Definitions
In this title:
Covered program— The term covered program means any program or activity funded in whole or in part with funds made available under—
the Edward Byrne Memorial Justice Assistance Grant Program under part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.); and
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.
Governmental body— The term governmental body means any department, agency, special purpose district, or other instrumentality of Federal, State, local, or Indian Tribal government.
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.
Indian Tribe— The term Indian Tribe has the meaning given the term “Indian tribe” in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).
Law enforcement agency— The term law enforcement agency means any Federal, State, local, or Indian Tribal public agency engaged in the prevention, detection, or investigation of violations of criminal, immigration, or customs laws.
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.
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.
Routine or spontaneous investigatory activities— The term routine or spontaneous investigatory activities means the following activities by a law enforcement agent:
Interviews.
Traffic stops.
Pedestrian stops.
Frisks and other types of body searches.
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.
Data collection and analysis, assessments, and predicated investigations.
Inspections and interviews of entrants into the United States that are more extensive than those customarily carried out.
Immigration-related workplace investigations.
Such other types of law enforcement encounters compiled for or by the Federal Bureau of Investigation or the Department of Justice Bureau of Justice Statistics.
Reasonable request— The term reasonable request means all requests for information, except for those that—
are immaterial to the investigation;
would result in the unnecessary disclosure of personal information; or
would place a severe burden on the resources of the law enforcement agency given its size.
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.
Unit of local government— The term unit of local government means—
any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State;
any law enforcement district or judicial enforcement district that—
is established under applicable State law; and
has the authority to, in a manner independent of other State entities, establish a budget and impose taxes; or
any Indian Tribe that performs law enforcement functions, as determined by the Secretary of the Interior.
A Prohibition of Racial Profiling
1311. Prohibition
No law enforcement agent or law enforcement agency shall engage in racial profiling.
1312. Enforcement
Remedy— The United States, or an individual injured by racial profiling, may enforce this subtitle 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.
Parties— In any action brought under this subtitle, relief may be obtained against—
any governmental body that employed any law enforcement agent who engaged in racial profiling;
any agent of such body who engaged in racial profiling; and
any person with supervisory authority over such agent.
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 1302(7) shall constitute prima facie evidence of a violation of this subtitle.
Attorney’s fees— In any action or proceeding to enforce this subtitle 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.
B Programs To Eliminate Racial Profiling By Federal Law Enforcement Agencies
1321. Policies to eliminate racial profiling
In general— Federal law enforcement agencies shall—
maintain adequate policies and procedures designed to eliminate racial profiling; and
cease existing practices that permit racial profiling.
Policies— The policies and procedures described in subsection (a)(1) shall include—
a prohibition on racial profiling;
training on racial profiling issues as part of Federal law enforcement training;
the collection of data in accordance with the regulations issued by the Attorney General under section 1341;
procedures for receiving, investigating, and responding meaningfully to complaints alleging racial profiling by law enforcement agents; and
any other policies and procedures the Attorney General determines to be necessary to eliminate racial profiling by Federal law enforcement agencies.
C Programs To Eliminate Racial Profiling By State, Local, and Indian Tribal Law Enforcement Agencies
1331. Policies required for grants
In general— An application by a State, a unit of local government, or a State, local, or Indian 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—
maintains adequate policies and procedures designed to eliminate racial profiling; and
has eliminated any existing practices that permit or encourage racial profiling.
Policies— The policies and procedures described in subsection (a)(1) shall include—
a prohibition on racial profiling;
training on racial profiling issues as part of law enforcement training;
the collection of data in accordance with the regulations issued by the Attorney General under section 1341; and
participation in an administrative complaint procedure or independent audit program that meets the requirements of section 1332.
Effective date— This section shall take effect 12 months after the date of enactment of this Act.
1332. Involvement of Attorney General
Regulations—
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.
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.
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 1331 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.
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 subtitle.
1333. Data collection demonstration project
Competitive awards—
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.
Number of grants— The Attorney General shall provide not more than 5 grants or contracts under this section.
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.
Required activities— Activities carried out with a grant under this section shall include—
developing a data collection tool and reporting the compiled data to the Attorney General; and
training of law enforcement personnel on data collection, particularly for data collection on hit rates for stops and searches.
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.
Authorization of appropriations— There are authorized to be appropriated to carry out activities under this section—
$5,000,000, over a 2-year period, to carry out the demonstration program under subsection (a); and
$500,000 to carry out the evaluation under subsection (c).
1334. Best practices development grants
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.
Use of funds— The funds provided under subsection (a) shall be used for programs that include the following purposes:
The development and implementation of training to prevent racial profiling and to encourage more respectful interaction with the public.
The acquisition and use of technology to facilitate the accurate collection and analysis of data.
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.
The establishment and maintenance of an administrative complaint procedure or independent auditor program.
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.
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.
1335. Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this subtitle.
D Data Collection
1341. Attorney General to issue regulations
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 1321 and 1331.
Requirements— The regulations issued under subsection (a) shall—
provide for the collection of data on all routine or spontaneous investigatory activities;
provide that the data collected shall—
be collected by race, ethnicity, national origin, gender, and religion, as perceived by the law enforcement officer;
include the date, time, and location of such investigatory activities;
include detail sufficient to permit an analysis of whether a law enforcement agency is engaging in racial profiling; and
not include personally identifiable information;
provide that a standardized form shall be made available to law enforcement agencies for the submission of collected data to the Department of Justice;
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 Department of Justice Bureau of Justice Statistics;
provide that law enforcement agencies shall maintain all data collected under this title for not less than 4 years;
include guidelines for setting comparative benchmarks, consistent with best practices, against which collected data shall be measured;
provide that the Department of Justice Bureau of Justice Statistics shall—
analyze the data for any statistically significant disparities, including—
disparities in the percentage of drivers or pedestrians stopped relative to the proportion of the population passing through the neighborhood;
disparities in the hit rate; and
disparities in the frequency of searches performed on racial or ethnic minority drivers and the frequency of searches performed on nonminority drivers; and
not later than 3 years after the date of enactment of this Act, and annually thereafter—
prepare a report regarding the findings of the analysis conducted under subparagraph (A);
provide such report to Congress; and
make such report available to the public, including on a website of the Department of Justice; and
protect the privacy of individuals whose data is collected by—
limiting the use of the data collected under this title to the purposes set forth in this title;
except as otherwise provided in this title, limiting access to the data collected under this title 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 title;
requiring contractors or other nongovernmental agents who are permitted access to the data collected under this title to sign use agreements incorporating the use and disclosure restrictions set forth in subparagraph (A); and
requiring the maintenance of adequate security measures to prevent unauthorized access to the data collected under this title.
1342. Publication of data
The Department of Justice Bureau of Justice Statistics shall provide to Congress and make available to the public, together with each annual report described in section 1341, the data collected pursuant to this title, excluding any personally identifiable information described in section 1343.
1343. 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 title shall not be—
released to the public;
disclosed to any person, except for—
such disclosures as are necessary to comply with this title;
disclosures of information regarding a particular person to that person; or
disclosures pursuant to litigation; or
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.
E Department of Justice Regulations and Reports on Racial Profiling in the United States
1351. Attorney General to issue regulations and reports
Regulations— In addition to the regulations required under sections 1333 and 1341, the Attorney General shall issue such other regulations as the Attorney General determines are necessary to implement this title.
Reports—
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.
Scope— Each report submitted under paragraph (1) shall include—
a summary of data collected under sections 1321(b)(3) and 1331(b)(3) and from any other reliable source of information regarding racial profiling in the United States;
a discussion of the findings in the most recent report prepared by the Department of Justice Bureau of Justice Statistics under section 1341(b)(7);
the status of the adoption and implementation of policies and procedures by Federal law enforcement agencies under section 1321 and by the State and local law enforcement agencies under sections 1331 and 1332; and
a description of any other policies and procedures that the Attorney General believes would facilitate the elimination of racial profiling.
F Miscellaneous Provisions
1361. Severability
If any provision of this title, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remainder of this title and the application of the remaining provisions of this title to any person or circumstance shall not be affected thereby.
1362. Savings clause
Nothing in this title shall be construed—
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), title I of the 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.);
to affect any Federal, State, or Tribal law that applies to an Indian Tribe because of the political status of the tribe; or
to waive the sovereign immunity of an Indian Tribe without the consent of the tribe.