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119-hr-5727119th Congress

ERRPA

Sponsored By: Representative Cohen, Steve [D-TN-9]

Introduced

Summary

End racial and religious profiling. This bill would create a nationwide, enforceable ban on profiling by any law enforcement agent and build data collection, complaint, and grant conditions to drive reform.

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  • People and families harmed by profiling could sue in state or federal court for declaratory or injunctive relief. Prevailing private plaintiffs may recover reasonable attorney’s fees, including expert fees, though not from the United States.
  • Federal, state, local, and tribal law enforcement agencies would have to adopt anti‑profiling policies, mandatory training, data collection, and complaint procedures. Grant eligibility for many programs would be conditioned on compliance with those policies, with a 12‑month time frame to meet requirements.
  • The Attorney General must issue detailed data rules and the Bureau of Justice Statistics must publish annual, nonidentifying reports. The bill funds a two‑year "hit‑rate" demonstration with up to $5 million for grants and $500,000 for evaluation, and authorizes additional grants to develop best practices and tools.

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 6 benefits, 0 costs, 2 mixed.

Nationwide ban on racial profiling

If enacted, law enforcement would be barred from racial profiling nationwide. Officers could not rely on race, ethnicity, national origin, religion, gender, gender identity, or sexual orientation to stop or search people. The ban would cover common encounters like traffic and pedestrian stops, frisks, vehicle searches, interviews, and certain immigration checks. There is a narrow exception for trustworthy, timely, and local information linking a person with a protected trait to a specific crime.

Right to sue over profiling

If enacted, people harmed by profiling could sue in state or federal court to stop it. The United States could also bring cases. Showing a disparate impact in routine stops or searches would count as prima facie evidence. Courts could award reasonable attorney and expert fees to winning private plaintiffs. Suits could name the agency, the officer, and responsible supervisors.

Grants to help end profiling

If enacted, the Attorney General could fund state, local, and tribal efforts to stop profiling. Grants could pay for training, data tools, feedback systems to flag risks, and complaint or audit programs. An equitable share would go to small and rural agencies. Congress would later decide how much to appropriate for these programs.

New rules for federal policing

If enacted, federal law enforcement agencies would need policies to end racial profiling. They would add training, collect data under Attorney General rules, and handle complaints in a meaningful way. The Attorney General could require other needed policies.

Public reports on stops and searches

If enacted, the Bureau of Justice Statistics would analyze data for disparities and publish a report within 3 years, then yearly. The Attorney General would also report to Congress within 2 years, then yearly, on findings and agency progress. Data shared with the public would exclude personal identifiers. Names and identifying details would generally not be released and would be exempt from most FOIA requests. Access and use of data would be limited to the law’s purposes with security safeguards.

Grants tied to anti-profiling rules

If enacted, the Attorney General would set complaint, audit, and data rules within 6 months. Agencies would have to collect standardized demographic data on stops and keep records at least 4 years. Starting 12 months after enactment, applicants for Byrne JAG or COPS funds would need to certify a profiling ban, training, compliant data collection, and a complaint or audit program. The Attorney General could withhold some or all grant funds from noncompliant agencies after notice and a chance to respond.

Pilot to track hit-rate data

If enacted, the Attorney General could run a two-year pilot in up to five agencies to track hit rates for stops and searches. Sites would be in communities with many minority residents that are not already collecting data. Grants would cover building tools, training staff, and reporting results. An academic partner would analyze the data within 3 years. The bill authorizes $5 million for the pilot and $500,000 for the evaluation.

Preserves other rights and tribal immunity

If enacted, the bill would not limit other civil-rights remedies, like lawsuits under section 1983 or title VI. It would not change laws tied to a tribe’s political status. It would not waive tribal sovereign immunity without a tribe’s consent.

Sponsors & CoSponsors

Sponsor

Cohen, Steve [D-TN-9]

TN • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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