H.R. 3847House108th Congress (2003-2005)In Committee

End Racial Profiling Act of 2004

Introduced February 26, 2004

Legislative Activity

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3 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

April 2, 2004

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HouseIntro Referral

Introduced in House

February 26, 2004

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E249)

February 26, 2004

HouseIntro Referral

Referred to the House Committee on the Judiciary.

February 26, 2004

HouseCommittee

Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

April 2, 2004

Floor Debate

24 members

What members said about H.R. 3847 on the floor

13 Republicans11 Democrats
Doug Bereuter
Rep. Doug BereuterR-NE-1 · Apr 1, 2004

Mr. Chairman, this Member rises in strong support of H.R. 3550, the Transportation Equity Act: A Legacy for Users. This Member would like to begin by thanking the distinguished gentleman from Alaska…

Don Young
Rep. Don YoungR-AK · Apr 1, 2004

Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I feel somewhat like the sinner appearing before the bishop when Your Honorable is in the Chair; but with all due respect, I do…

James L. Oberstar
Rep. James L. OberstarD-MN-8 · Apr 1, 2004

Mr. Chairman, I yield myself 6 minutes. Mr. Chairman, I am very deeply touched by the words of the gentleman from Alaska (Mr. Young), our committee chairman. We have worked closely together on…

Vernon J. Ehlers
Rep. Vernon J. EhlersR-MI-3 · Apr 1, 2004

Mr. Chairman, I thank the gentleman for yielding me time. Our transportation system continues to face tremendous challenges. Tens of thousands of lives are lost each year on our highways. More…

William O. Lipinski
Rep. William O. LipinskiD-IL-3 · Apr 1, 2004

Mr. Chairman, I want to thank the gentleman from Minnesota (Mr. Oberstar), my partner in this endeavor, very much for those extremely kind words and for yielding me this time. It is always a pleasure…

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John J. Duncan, Jr.
Rep. John J. Duncan, Jr.R-TN-2 · Apr 1, 2004

Mr. Chairman, I rise in strong support of this very important legislation, which will improve our transportation infrastructure and create millions of jobs, and I want to thank the gentleman from…

Gene Green
Rep. Gene GreenD-TX-29 · Apr 1, 2004

Mr. Chairman, I thank my colleague for yielding me this time. I rise in support of H.R. 3550, a bill that is bipartisanly crafted by both the gentleman from Alaska (Chairman Young) and the gentleman…

Bill Shuster
Rep. Bill ShusterR-PA-9 · Apr 1, 2004

Mr. Chairman, I rise today in strong support of H.R. 3550, the Transportation Equity Act: A Legacy For Users, or affectionately known as TEA LU. I want to begin by extending my appreciation to the…

Bill Pascrell, Jr.
Rep. Bill Pascrell, Jr.D-NJ-8 · Apr 1, 2004

Mr. Chairman, I thank the gentleman from Alaska (Chairman Young), the gentleman from Wisconsin (Mr. Petri), the gentleman from Minnesota (Ranking Member Oberstar), and the gentleman from Illinois…

Jim McCrery
Rep. Jim McCreryR-LA-4 · Apr 1, 2004

Mr. Chairman, I thank the gentleman for yielding me time. It is a pleasure to be on the floor this morning to talk about some of the advantages that are in the 6-year reauthorization of our…

Thomas E. Petri
Rep. Thomas E. PetriR-WI-6 · Apr 1, 2004

Mr. Chairman, I would first like to salute the chairman of our committee for bringing us to this day and to the gentleman from Minnesota (Mr. Oberstar) and my colleague, the gentleman from Illinois…

Earl Pomeroy
Rep. Earl PomeroyD-ND · Apr 1, 2004

Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, included in this bill is a provision drawn from H.R. 3119, the ``Renewable Fuels and Transportation Infrastructure Enhancement…

Nick J. Rahall II
Rep. Nick J. Rahall IID-WV-3 · Apr 1, 2004

Mr. Chairman, I rise today to quote the words of President Dwight Eisenhower, the father of our, Highway Trust Fund, who rightly said ``A network of modern roads is as necessary to defense as it is…

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Stephanie Tubbs Jones
Rep. Stephanie Tubbs JonesD-OH-11 · Apr 1, 2004

Mr. Chairman, I want to thank my colleague, the gentleman from North Dakota (Mr. Pomeroy), for yielding me this time. I want to add my condolences also to our colleague, the gentleman from Missouri…

Danny K. Davis
Rep. Danny K. DavisD-IL-7 · Apr 1, 2004

Mr. Chairman, I want to thank the gentleman for yielding me this time. I rise in strong support of this legislation. First of all, I want to commend the gentleman from Alaska (Mr. Young), the…

Gary G. Miller
Rep. Gary G. MillerR-CA-42 · Apr 1, 2004

Mr. Chairman, the gentleman from Alaska has dedicated years to this bill. I applaud him for that. I know it is less dollars than he would like to see because he does understand the problems we face…

Michael G. Oxley
Rep. Michael G. OxleyR-OH-4 · Apr 1, 2004

Mr. Chairman, I stand in support of H.R. 3550, the Transportation Equity Act: A Legacy for Users (TEA-LU). In my congressional district, the rural highways that served our Nation for decades can no…

Steven C. LaTourette
Rep. Steven C. LaTouretteR-OH-14 · Apr 1, 2004

Mr. Chairman, I want to give a piece of praise this morning to the gentleman from Alaska (Mr. Young), the gentleman from Wisconsin (Mr. Petri), the gentleman from Minnesota (Mr. Oberstar) and the…

Jack Quinn
Rep. Jack QuinnR-NY-27 · Apr 1, 2004

Mr. Chairman, I want to join the others associating myself with the remarks of the gentleman from Ohio (Mr. LaTourette) in thanking the gentleman from Alaska (Mr. Young), the gentleman from Wisconsin…

Jerry Moran
Rep. Jerry MoranR-KS-1 · Apr 1, 2004

Mr. Chairman, I am delighted to rise in support of a piece of legislation that I think is very important not only to the folks back home in Kansas but to the folks of this country, and I am here to…

Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · Apr 1, 2004

Mr. Chairman, I appreciate the gentleman's courtesy in permitting me to speak in support of what is the most important jobs and environmental bill of this session. Because of the structure that has…

E. Clay Shaw Jr.
Rep. E. Clay Shaw Jr.R-FL-22 · Apr 1, 2004

Mr. Chairman, I thank the gentleman for yielding me this time. There are many good things in this highway bill. One that I would like to highlight at this particular point came out of the Committee…

Juanita Millender-McDonald
Rep. Juanita Millender-McDonaldD-CA-37 · Apr 1, 2004

Mr. Chairman, let me rise to thank the chairman and the ranking member for their leadership and also the subcommittee chair and ranking member. I am talking about the gentleman from Alaska (Mr.…

Eni F. H. Faleomavaega
Rep. Eni F. H. FaleomavaegaD-AS · Apr 1, 2004

Mr. Chairman, I rise today in support of H.R. 3550, the Transportation Act--A Legacy for Users (TEA-LU). I am pleased that my good friends Chairman Don Young and Ranking Member Jim Oberstar of the…

Bill Text

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Introduced in HouseIssued February 26, 2004

I

108th CONGRESS

2d Session

H. R. 3847

IN THE HOUSE OF REPRESENTATIVES

February 26, 2004

Mr. Conyers (for himself, Mr. Berman, Mr. Nadler, Mr. Scott of Virginia, Mr. Watt, Ms. Jackson-Lee of Texas, Ms. Waters, Mr. Delahunt, Ms. Baldwin, Mr. Weiner, Ms. Linda T. Sánchez of California, Mr. Abercrombie, Mr. Acevedo-Vilá, Mr. Andrews, Mr. Ballance, Mr. Bell, Mr. Bishop of Georgia, Mr. Bishop of New York, Mr. Blumenauer, Ms. Bordallo, Mr. Brady of Pennsylvania, Ms. Corrine Brown of Florida, Mr. Brown of Ohio, Mrs. Capps, Ms. Carson of Indiana, Mrs. Christensen, Mr. Clay, Mr. Clyburn, Mr. Cummings, Mr. Davis of Alabama, Mr. Davis of Illinois, Mr. Davis of Florida, Mr. Deutsch, Mr. Engel, Mr. Faleomavaega, Mr. Farr, Mr. Fattah, Mr. Filner, Mr. Ford, Mr. Frank of Massachusetts, Mr. Frost, Mr. Gephardt, Mr. Green of Texas, Mr. Gutierrez, Mr. Gonzalez, Mr. Grijalva, Mr. Hastings of Florida, Mr. Hinchey, Mr. Hinojosa, Mr. Hoeffel, Mr. Holt, Mr. Honda, Mr. Jackson of Illinois, Mr. Jefferson, Ms. Eddie Bernice Johnson of Texas, Mr. Kildee, Ms. Kilpatrick, Mr. Kleczka, Mr. Kucinich, Mr. Lampson, Mr. Lantos, Mr. Larsen of Washington, Ms. Lee, Mr. Lewis of Georgia, Ms. Majette, Mrs. Maloney, Mr. Matheson, Mr. Matsui, Ms. McCarthy of Missouri, Mrs. McCarthy of New York, Ms. McCollum, Mr. McDermott, Mr. McGovern, Mr. McNulty, Mr. Meeks of New York, Mr. Menendez, Ms. Millender-McDonald, Mr. George Miller of California, Ms. Norton, Mr. Olver, Mr. Owens, Mr. Pastor, Mr. Payne, Ms. Pelosi, Mr. Price of North Carolina, Mr. Rangel, Mr. Rodriguez, Ms. Roybal-Allard, Mr. Rush, Mr. Sanders, Ms. Loretta Sanchez of California, Mr. Sandlin, Ms. Schakowsky, Mr. Scott of Georgia, Mr. Serrano, Mr. Shays, Ms. Slaughter, Ms. Solis, Mr. Spratt, Mr. Stark, Mrs. Tauscher, Mr. Thompson of Mississippi, Mr. Tierney, Mr. Towns, Mrs. Jones of Ohio, Mr. Walsh, Ms. Watson, Ms. Woolsey, Mr. Wu, and Mr. Wynn) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To prohibit racial profiling.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the &short-title1;.

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents

Sec. 2. Findings and purposes

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 and local law enforcement agencies

Sec. 301. Policies required for grants

Sec. 302. Best practices development grants

Title IV—Department of Justice reports on Racial profiling in the United States

Sec. 401. Attorney General to issue reports on racial profiling in the United States

Sec. 402. Limitation on use of data

Title V—Definitions and miscellaneous provisions

Sec. 501. Definitions

Sec. 502. Severability

Sec. 503. Savings clause

2.

Findings and purposes

(a)

Findings

Congress finds the following:

(1)

Federal, State, and local law enforcement agents play a vital role in protecting the public from crime and protecting the Nation from terrorism. The vast majority of law enforcement agents nationwide discharge their duties professionally and without bias.

(2)

The use by police officers of race, ethnicity, religion, or national origin in deciding which persons should be subject to traffic stops, stops and frisks, questioning, searches, and seizures is improper.

(3)

In his address to a Joint Session of Congress on February 27, 2001, President George W. Bush declared that racial profiling is wrong and we will end it in America. He directed the Attorney General to implement this policy.

(4)

In June 2003, the Department of Justice issued a Policy Guidance regarding racial profiling by Federal law enforcement agencies which stated: Racial profiling in law enforcement is not merely wrong, but also ineffective. Race-based assumptions in law enforcement perpetuate negative racial stereotypes that are harmful to our rich and diverse democracy, and materially impair our efforts to maintain a fair and just society.

(5)

The Department of Justice Guidance is a useful first step, but does not achieve the President’s stated goal of ending racial profiling in America: it does not apply to State and local law enforcement agencies, does not contain a meaningful enforcement mechanism, does not require data collection, and contains an overbroad exception for immigration and national security matters.

(6)

Current efforts by State and local governments to eradicate racial profiling and redress the harms it causes, while also laudable, have been limited in scope and insufficient to address this national problem. Therefore, Federal legislation is needed.

(7)

Statistical evidence from across the country demonstrates that racial profiling is a real and measurable phenomenon.

(8)

As of November 15, 2000, the Department of Justice had 14 publicly noticed, ongoing, pattern or practice investigations involving allegations of racial profiling, and had filed 5 pattern and practice lawsuits involving allegations of racial profiling, with 4 of those cases resolved through consent decrees.

(9)

A large majority of individuals subjected to stops and other enforcement activities based on race, ethnicity, religion, or national origin are found to be law abiding and therefore racial profiling is not an effective means to uncover criminal activity.

(10)

A 2001 Department of Justice report on citizen-police contacts in 1999 found that, although African-Americans and Hispanics were more likely to be stopped and searched, they were less likely to be in possession of contraband. On average, searches and seizures of African-American drivers yielded evidence only 8 percent of the time, searches and seizures of Hispanic drivers yielded evidence only 10 percent of the time, and searches and seizures of white drivers yielded evidence 17 percent of the time.

(11)

A 2000 General Accounting Office report on the activities of the United States Customs Service during fiscal year 1998 found that—

(A)

black women who were United States citizens were 9 times more likely than white women who were United States citizens to be x-rayed after being frisked or patted down;

(B)

black women who were United States citizens were less than half as likely as white women who were United States citizens to be found carrying contraband; and

(C)

in general, the patterns used to select passengers for more intrusive searches resulted in women and minorities being selected at rates that were not consistent with the rates of finding contraband.

(12)

In some jurisdictions, local law enforcement practices such as ticket and arrest quotas, and similar management practices, may have the unintended effect of encouraging law enforcement agents to engage in racial profiling.

(13)

Racial profiling harms individuals subjected to it because they experience fear, anxiety, humiliation, anger, resentment, and cynicism when they are unjustifiably treated as criminal suspects. By discouraging individuals from traveling freely, racial profiling impairs both interstate and intrastate commerce.

(14)

Racial profiling damages law enforcement and the criminal justice system as a whole by undermining public confidence and trust in the police, the courts, and the criminal law.

(15)

In the wake of the September 11, 2001, terrorist attacks, many Arabs, Muslims, Central and South Asians, and Sikhs, as well as other immigrants and Americans of foreign descent, were treated with generalized suspicion and subjected to searches and seizures based upon religion and national origin, without trustworthy information linking specific individuals to criminal conduct. Such profiling has failed to produce tangible benefits, yet has created a fear and mistrust of law enforcement agencies in these communities.

(16)

Racial profiling violates the equal protection clause of the Constitution. Using race, ethnicity, religion, or national origin as a proxy for criminal suspicion violates the constitutional requirement that police and other government officials accord to all citizens the equal protection of the law. Arlington Heights v. Metropolitan Housing Development Corporation, 429 U.S. 252 (1977).

(17)

Racial profiling is not adequately addressed through suppression motions in criminal cases for two reasons. First, the Supreme Court held, in Whren v. United States, 517 U.S. 806 (1996), that the racially discriminatory motive of a police officer in making an otherwise valid traffic stop does not warrant the suppression of evidence. Second, since most stops do not result in the discovery of contraband, there is no criminal prosecution and no evidence to suppress.

(18)

A comprehensive national solution is needed to address racial profiling at the Federal, State, and local levels. Federal support is needed to combat racial profiling through specialized training of law enforcement agents, improved management systems, and the acquisition of technology such as in-car video cameras.

(b)

Purposes

The purposes of this Act are—

(1)

to enforce the constitutional right to equal protection of the laws, pursuant to the Fifth Amendment and section 5 of the 14th Amendment to the Constitution of the United States;

(2)

to enforce the constitutional right to protection against unreasonable searches and seizures, pursuant to the Fourth Amendment to the Constitution of the United States;

(3)

to enforce the constitutional right to interstate travel, pursuant to section 2 of article IV of the Constitution of the United States; and

(4)

to regulate interstate commerce, pursuant to clause 3 of section 8 of article I of the Constitution of the United States.

I

Prohibition of Racial profiling

101.

Prohibition

No law enforcement agent or law enforcement agency shall engage in racial profiling.

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 pursuant to this title, relief may be obtained against—

(1)

any governmental unit that employed any law enforcement agent who engaged in racial profiling;

(2)

any agent of such unit 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 racial, ethnic, or religious minorities 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 unit, 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.

II

Programs to eliminate Racial profiling by Federal law enforcement agencies

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 encourage racial profiling.

(b)

Policies

The policies and procedures described in subsection (a)(1) shall include—

(1)

a prohibition on racial profiling;

(2)

the collection of data on routine investigatory activities sufficient to determine if law enforcement agents are engaged in racial profiling and submission of that data to the Attorney General;

(3)

independent procedures for receiving, investigating, and responding meaningfully to complaints alleging racial profiling by law enforcement agents of the agency;

(4)

procedures to discipline law enforcement agents who engage in racial profiling; and

(5)

such other policies or procedures that the Attorney General deems necessary to eliminate racial profiling.

III

Programs to eliminate Racial profiling by State and local law enforcement agencies

301.

Policies required for grants

(a)

In general

An application by a State or governmental unit for funding under a covered program shall include a certification that such unit and any agency to which it is redistributing program funds—

(1)

maintains adequate policies and procedures designed to eliminate racial profiling; and

(2)

has ceased any existing practices that encourage racial profiling.

(b)

Policies

The policies and procedures described in subsection (a) shall include—

(1)

a prohibition on racial profiling;

(2)

the collection of data on routine investigatory activities sufficient to determine if law enforcement agents are engaged in racial profiling, and submission of that data to the Attorney General;

(3)

independent procedures for receiving, investigating, and responding meaningfully to complaints alleging racial profiling by law enforcement agents;

(4)

procedures to discipline law enforcement agents who engage in racial profiling; and

(5)

such other policies or procedures that the Attorney General deems necessary to eliminate racial profiling.

(c)

Noncompliance

If the Attorney General determines that a grantee is not in compliance with conditions established under this title, the Attorney General shall withhold the grant, in whole or in part, until the grantee establishes compliance. The Attorney General shall provide notice regarding State grants and opportunities for private parties to present evidence to the Attorney General that a grantee is not in compliance with conditions established under this title.

302.

Best practices development grants

(a)

Grant authorization

The Attorney General may make grants to States, law enforcement agencies and other governmental units, Indian tribal governments, or other public and private entities, to develop and implement best practice devices and systems to ensure the racially neutral administration of justice.

(b)

Uses

The funds provided pursuant to subsection (a) may be used to support—

(1)

development and implementation of training to prevent racial profiling and to encourage more respectful interaction with the public;

(2)

acquisition and use of technology to facilitate the collection of data regarding routine investigatory activities in order to determine if law enforcement agents are engaged in racial profiling;

(3)

acquisition and use of technology to verify the accuracy of data collection, including in-car video cameras and portable computer systems;

(4)

development and acquisition of early warning systems and other feedback systems that help identify officers or units of officers engaged in or at risk of racial profiling or other misconduct, including the technology to support such systems;

(5)

establishment or improvement of systems and procedures for receiving, investigating, and responding meaningfully to complaints alleging racial, ethnic, or religious bias by law enforcement agents; and

(6)

establishment or improvement of management systems to ensure that supervisors are held accountable for the conduct of their subordinates.

(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)

Authorization of appropriations

The Attorney General shall make available such sums as are necessary to carry out this section from amounts appropriated for programs administered by the Attorney General.

IV

Department of Justice reports on Racial profiling in the United States

401.

Attorney General to issue reports on Racial profiling in the United States

(a)

Reports

(1)

In general

Not later than 2 years after the enactment of this Act, and each year thereafter, the Attorney General shall submit to Congress a report on racial profiling by Federal, State, and local law enforcement agencies in the United States.

(2)

Scope

The reports issued pursuant to paragraph (1) shall include—

(A)

a summary of data collected pursuant to sections 201(b)(2) and 301(b)(2) and any other reliable source of information regarding racial profiling in the United States;

(B)

the status of the adoption and implementation of policies and procedures by Federal law enforcement agencies pursuant to section 201;

(C)

the status of the adoption and implementation of policies and procedures by State and local law enforcement agencies pursuant to 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.

(b)

Data collection

Not later than 6 months after the enactment of this Act, the Attorney General shall by regulation establish standards for the collection of data under sections 201(b)(2) and 301(b)(2), including standards for setting benchmarks against which collected data shall be measured. Such standards shall result in the collection of data, including data with respect to stops, searches, seizures, and arrests, that is sufficiently detailed to determine whether law enforcement agencies are engaged in racial profiling and to monitor the effectiveness of policies and procedures designed to eliminate racial profiling.

(c)

Public access

Data collected under sections 201(b)(2) and 301(b)(2) shall be available to the public.

402.

Limitation on use of data

Information released pursuant to section 401 shall not reveal the identity of any individual who is detained or any law enforcement officer involved in a detention.

V

Definitions and miscellaneous provisions

501.

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 State and Local Law Enforcement Assistance Programs (part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.));

(B)

the Cops on the Beat program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.), but not including any program, project, or other activity specified in section 1701(d)(8) of that Act (42 U.S.C. 3796dd(d)(8)); and

(C)

the Local Law Enforcement Block Grant program of the Department of Justice, as described in appropriations Acts.

(2)

Governmental unit

The term governmental unit means any department, agency, special purpose district, or other instrumentality of Federal, State, local, or Indian tribal government.

(3)

Law enforcement agency

The term law enforcement agency means a Federal, State, local, or Indian tribal public agency engaged in the prevention, detection, or investigation of violations of criminal, immigration, or customs laws.

(4)

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 Federal, State, and local law enforcement agencies.

(5)

Racial profiling

The term racial profiling means the practice of a law enforcement agent relying, to any degree, on race, ethnicity, religion, or national origin in selecting which individuals 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 persons of a particular race, ethnicity, religion, or national origin to an identified criminal incident or scheme.

(6)

Routine or spontaneous investigatory activities

The term routine or spontaneous investigatory activities means the following activities by law enforcement agents: interviews; traffic stops; pedestrian stops; frisks and other types of body searches; consensual or nonconsensual searches of the persons or possessions (including vehicles) of motorists or pedestrians; inspections and interviews of entrants into the United States that are more extensive than those customarily carried out; immigration related workplace investigations; and such other types of law enforcement encounters compiled by the FBI and the Justice Department’s Bureau of Justice Statistics.

502.

Severability

If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provisions of such to any person or circumstance shall not be affected thereby.

503.

Savings clause

Nothing in this Act 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 (42 U.S.C. 14141), the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3701 et seq.), and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).