Text of US HB 5727 (2025)
ERRPA End Racial and Religious Profiling Act of 2025
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As introduced
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I
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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
3
(a) SHORT TITLE.—This Act may be cited as the
4
‘‘End Racial and Religious Profiling Act of 2025’’ or
5
‘‘ERRPA’’.
6
(b) TABLE OF CONTENTS.—The table of contents of
7
this Act is as follows:
8
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—PROHIBITION OF RACIAL PROFILING
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•HR 5727 IH
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.
1
In this Act:
2
(1) COVERED
PROGRAM.—The term ‘‘covered
3
program’’ means any program or activity funded in
4
whole or in part with funds made available under—
5
(A) the Edward Byrne Memorial Justice
6
Assistance Grant Program under subpart I of
7
part E of title I of the Omnibus Crime Control
8
and Safe Streets Act of 1968 (34 U.S.C. 10151
9
et seq.); and
10
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(B) the ‘‘Cops on the Beat’’ program
1
under part Q of title I of the Omnibus Crime
2
Control and Safe Streets Act of 1968 (34
3
U.S.C. 10381 et seq.), except that no program,
4
project, or other activity specified in section
5
1701(b)(13) of such part shall be a covered
6
program under this paragraph.
7
(2) GOVERNMENTAL BODY.—The term ‘‘govern-
8
mental body’’ means any department, agency, special
9
purpose district, or other instrumentality of Federal,
10
State, local, or Tribal government.
11
(3) HIT RATE.—The term ‘‘hit rate’’ means the
12
percentage of stops and searches in which a law en-
13
forcement officer finds drugs, a gun, or something
14
else that leads to an arrest. The hit rate is cal-
15
culated by dividing the total number of searches by
16
the number of searches that yield contraband. The
17
hit rate is complementary to the rate of false stops.
18
(4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
19
has the meaning given the ‘‘Indian tribe’’ term in
20
section 102 of the Federally Recognized Indian
21
Tribe List Act of 1994 (25 U.S.C. 5130).
22
(5) LAW
ENFORCEMENT
AGENCY.—The term
23
‘‘law enforcement agency’’ means any Federal,
24
State, local, or Tribal public agency engaged in the
25
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•HR 5727 IH
prevention, detection, or investigation of violations of
1
criminal, immigration, or customs laws.
2
(6) LAW
ENFORCEMENT
AGENT.—The term
3
‘‘law enforcement agent’’ means any Federal, State,
4
local, or Tribal official responsible for enforcing
5
criminal, immigration, or customs laws, including
6
police officers and other agents of a law enforcement
7
agency.
8
(7) RACIAL
PROFILING.—The term ‘‘racial
9
profiling’’ means the practice of a law enforcement
10
agent or agency relying, to any degree, on actual or
11
perceived race, ethnicity, national origin, religion,
12
gender, gender identity, or sexual orientation in se-
13
lecting which individual to subject to routine or
14
spontaneous investigatory activities or in deciding
15
upon the scope and substance of law enforcement ac-
16
tivity following the initial investigatory procedure,
17
except when there is trustworthy information, rel-
18
evant to the locality and timeframe, that links a per-
19
son with a particular characteristic described in this
20
paragraph to an identified criminal incident or
21
scheme.
22
(8) ROUTINE OR SPONTANEOUS INVESTIGATORY
23
ACTIVITIES.—The term ‘‘routine or spontaneous in-
24
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•HR 5727 IH
vestigatory activities’’ means the following activities
1
by a law enforcement agent:
2
(A) Interviews.
3
(B) Traffic stops.
4
(C) Pedestrian stops.
5
(D) Frisks and other types of body
6
searches.
7
(E) Consensual or nonconsensual searches
8
of the persons, property, or possessions (includ-
9
ing vehicles) of individuals using any form of
10
public or private transportation, including mo-
11
torists and pedestrians.
12
(F) Data collection and analysis, assess-
13
ments, and predicated investigations.
14
(G) Inspections and interviews of entrants
15
into the United States that are more extensive
16
than those customarily carried out.
17
(H) Immigration-related workplace inves-
18
tigations.
19
(I) Such other types of law enforcement
20
encounters compiled for or by the Federal Bu-
21
reau of Investigation or the Bureau of Justice
22
Statistics.
23
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(9) REASONABLE
REQUEST.—The term ‘‘rea-
1
sonable request’’ means all requests for information,
2
except for those that—
3
(A) are immaterial to the investigation;
4
(B) would result in the unnecessary disclo-
5
sure of personal information; or
6
(C) would place a severe burden on the re-
7
sources of the law enforcement agency given its
8
size.
9
(10) STATE.—The term ‘‘State’’ means each of
10
the 50 States, the District of Columbia, the Com-
11
monwealth of Puerto Rico, and any other territory
12
or possession of the United States.
13
(11) UNIT OF LOCAL GOVERNMENT.—The term
14
‘‘unit of local government’’ means—
15
(A) any city, county, township, town, bor-
16
ough, parish, village, or other general purpose
17
political subdivision of a State;
18
(B) any law enforcement district or judicial
19
enforcement district that—
20
(i) is established under applicable
21
State law; and
22
(ii) has the authority to, in a manner
23
independent of other State entities, estab-
24
lish a budget and impose taxes; or
25
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•HR 5727 IH
(C) any Indian Tribe that performs law
1
enforcement functions, as determined by the
2
Secretary of the Interior.
3
TITLE I—PROHIBITION OF
4
RACIAL PROFILING
5
SEC. 101. PROHIBITION.
6
No law enforcement agent or law enforcement agency
7
shall engage in racial profiling.
8
SEC. 102. ENFORCEMENT.
9
(a) REMEDY.—The United States, or an individual
10
injured by racial profiling, may enforce this title in a civil
11
action for declaratory or injunctive relief, filed either in
12
a State court of general jurisdiction or in a district court
13
of the United States.
14
(b) PARTIES.—In any action brought under this title,
15
relief may be obtained against—
16
(1) any governmental body that employed any
17
law enforcement agent who engaged in racial
18
profiling;
19
(2) any agent of such body who engaged in ra-
20
cial profiling; and
21
(3) any person with supervisory authority over
22
such agent.
23
(c) NATURE OF PROOF.—Proof that the routine or
24
spontaneous investigatory activities of law enforcement
25
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agents in a jurisdiction have had a disparate impact on
1
individuals with a particular characteristic described in
2
section 2(7) shall constitute prima facie evidence of a vio-
3
lation of this title.
4
(d) ATTORNEY’S FEES.—In any action or proceeding
5
to enforce this title against any governmental body, the
6
court may allow a prevailing plaintiff, other than the
7
United States, reasonable attorney’s fees as part of the
8
costs, and may include expert fees as part of the attorney’s
9
fee.
10
TITLE II—PROGRAMS TO ELIMI-
11
NATE RACIAL PROFILING BY
12
FEDERAL
LAW
ENFORCE-
13
MENT AGENCIES
14
SEC. 201. POLICIES TO ELIMINATE RACIAL PROFILING.
15
(a) IN GENERAL.—Federal law enforcement agencies
16
shall—
17
(1) maintain adequate policies and procedures
18
designed to eliminate racial profiling; and
19
(2) cease existing practices that permit racial
20
profiling.
21
(b) POLICIES.—The policies and procedures de-
22
scribed in subsection (a)(1) shall include—
23
(1) a prohibition on racial profiling;
24
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•HR 5727 IH
(2) training on racial profiling issues as part of
1
Federal law enforcement training;
2
(3) the collection of data in accordance with the
3
regulations issued by the Attorney General under
4
section 401;
5
(4) procedures for receiving, investigating, and
6
responding meaningfully to complaints alleging ra-
7
cial profiling by law enforcement agents; and
8
(5) any other policies and procedures the Attor-
9
ney General determines to be necessary to eliminate
10
racial profiling by Federal law enforcement agencies.
11
TITLE III—PROGRAMS TO ELIMI-
12
NATE RACIAL PROFILING BY
13
STATE, LOCAL, AND TRIBAL
14
LAW
ENFORCEMENT
AGEN-
15
CIES
16
SEC. 301. POLICIES REQUIRED FOR GRANTS.
17
(a) IN GENERAL.—An application by a State, a unit
18
of local government, or a State, local, or Tribal law en-
19
forcement agency for funding under a covered program
20
shall include a certification that such State, unit of local
21
government, or law enforcement agency, and any law en-
22
forcement agency to which it will distribute funds—
23
(1) maintains adequate policies and procedures
24
designed to eliminate racial profiling; and
25
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•HR 5727 IH
(2) has eliminated any existing practices that
1
permit or encourage racial profiling.
2
(b) POLICIES.—The policies and procedures de-
3
scribed in subsection (a)(1) shall include—
4
(1) a prohibition on racial profiling;
5
(2) training on racial profiling issues as part of
6
law enforcement training;
7
(3) the collection of data in accordance with the
8
regulations issued by the Attorney General under
9
section 401; and
10
(4) participation in an administrative complaint
11
procedure or independent audit program that meets
12
the requirements of section 302.
13
(c) EFFECTIVE DATE.—This section shall take effect
14
12 months after the date of enactment of this Act.
15
SEC. 302. INVOLVEMENT OF ATTORNEY GENERAL.
16
(a) REGULATIONS.—
17
(1) IN
GENERAL.—Not later than 6 months
18
after the date of enactment of this Act and in con-
19
sultation with stakeholders, including Federal, State,
20
Tribal, and local law enforcement agencies and com-
21
munity, professional, research, and civil rights orga-
22
nizations, the Attorney General shall issue regula-
23
tions for the operation of administrative complaint
24
procedures and independent audit programs to en-
25
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•HR 5727 IH
sure that such programs and procedures provide an
1
appropriate response to allegations of racial profiling
2
by law enforcement agents or agencies.
3
(2)
GUIDELINES.—The
regulations
issued
4
under paragraph (1) shall contain guidelines that
5
ensure the fairness, effectiveness, and independence
6
of the administrative complaint procedures and inde-
7
pendent auditor programs.
8
(b) NONCOMPLIANCE.—If the Attorney General de-
9
termines that the recipient of a grant from any covered
10
program is not in compliance with the requirements of sec-
11
tion 301 or the regulations issued under subsection (a),
12
the Attorney General shall withhold, in whole or in part
13
(at the discretion of the Attorney General), funds for one
14
or more grants to the recipient under the covered pro-
15
gram, until the recipient establishes compliance.
16
(c) PRIVATE PARTIES.—The Attorney General shall
17
provide notice and an opportunity for private parties to
18
present evidence to the Attorney General that a recipient
19
of a grant from any covered program is not in compliance
20
with the requirements of this title.
21
SEC. 303. DATA COLLECTION DEMONSTRATION PROJECT.
22
(a) COMPETITIVE AWARDS.—
23
(1) IN GENERAL.—The Attorney General may,
24
through competitive grants or contracts, carry out a
25
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2-year demonstration project for the purpose of de-
1
veloping and implementing data collection programs
2
on the hit rates for stops and searches by law en-
3
forcement agencies. The data collected shall be
4
disaggregated by race, ethnicity, national origin,
5
gender, and religion.
6
(2) NUMBER OF GRANTS.—The Attorney Gen-
7
eral shall provide not more than 5 grants or con-
8
tracts under this section.
9
(3) ELIGIBLE GRANTEES.—Grants or contracts
10
under this section shall be awarded to law enforce-
11
ment agencies that serve communities where there is
12
a significant concentration of racial or ethnic minori-
13
ties and that are not already collecting data volun-
14
tarily.
15
(b) REQUIRED ACTIVITIES.—Activities carried out
16
with a grant under this section shall include—
17
(1) developing a data collection tool and report-
18
ing the compiled data to the Attorney General; and
19
(2) training of law enforcement personnel on
20
data collection, particularly for data collection on hit
21
rates for stops and searches.
22
(c) EVALUATION.—Not later than 3 years after the
23
date of enactment of this Act, the Attorney General shall
24
enter into a contract with an institution of higher edu-
25
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cation (as defined in section 101 of the Higher Education
1
Act of 1965 (20 U.S.C. 1001)) to analyze the data col-
2
lected by each of the grantees funded under this section.
3
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
4
are authorized to be appropriated to carry out activities
5
under this section—
6
(1) $5,000,000, over a 2-year period, to carry
7
out the demonstration program under subsection
8
(a); and
9
(2) $500,000 to carry out the evaluation under
10
subsection (c).
11
SEC. 304. BEST PRACTICES DEVELOPMENT GRANTS.
12
(a) GRANT AUTHORIZATION.—The Attorney General,
13
through the Bureau of Justice Assistance, may make
14
grants to States, local law enforcement agencies, and units
15
of local government to develop and implement best prac-
16
tice devices and systems to eliminate racial profiling.
17
(b) USE OF FUNDS.—The funds provided under sub-
18
section (a) shall be used for programs that include the
19
following purposes:
20
(1) The development and implementation of
21
training to prevent racial profiling and to encourage
22
more respectful interaction with the public.
23
(2) The acquisition and use of technology to fa-
24
cilitate the accurate collection and analysis of data.
25
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•HR 5727 IH
(3) The development and acquisition of feed-
1
back systems and technologies that identify officers
2
or units of officers engaged in, or at risk of engag-
3
ing in, racial profiling or other misconduct.
4
(4) The establishment and maintenance of an
5
administrative complaint procedure or independent
6
auditor program.
7
(c) EQUITABLE DISTRIBUTION.—The Attorney Gen-
8
eral shall ensure that grants under this section are award-
9
ed in a manner that reserves an equitable share of funding
10
for small and rural law enforcement agencies.
11
(d) APPLICATION.—Each State, local law enforce-
12
ment agency, or unit of local government desiring a grant
13
under this section shall submit an application to the Attor-
14
ney General at such time, in such manner, and accom-
15
panied by such information as the Attorney General may
16
reasonably require.
17
SEC. 305. AUTHORIZATION OF APPROPRIATIONS.
18
There are authorized to be appropriated such sums
19
as are necessary to carry out this title.
20
TITLE IV—DATA COLLECTION
21
SEC. 401. ATTORNEY GENERAL TO ISSUE REGULATIONS.
22
(a) REGULATIONS.—Not later than 6 months after
23
the date of enactment of this Act, the Attorney General,
24
in consultation with stakeholders, including Federal,
25
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State, and local law enforcement agencies and community,
1
professional, research, and civil rights organizations, shall
2
issue regulations for the collection and compilation of data
3
under sections 201 and 301.
4
(b) REQUIREMENTS.—The regulations issued under
5
subsection (a) shall—
6
(1) provide for the collection of data on all rou-
7
tine or spontaneous investigatory activities;
8
(2) provide that the data collected shall—
9
(A) be collected by race, ethnicity, national
10
origin, gender, and religion, as perceived by the
11
law enforcement officer;
12
(B) include the date, time, and location of
13
such investigatory activities;
14
(C) include detail sufficient to permit an
15
analysis of whether a law enforcement agency is
16
engaging in racial profiling; and
17
(D) not include personally identifiable in-
18
formation;
19
(3) provide that a standardized form shall be
20
made available to law enforcement agencies for the
21
submission of collected data to the Department of
22
Justice;
23
(4) provide that law enforcement agencies shall
24
compile data on the standardized form made avail-
25
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•HR 5727 IH
able under paragraph (3), and submit the form to
1
the Civil Rights Division and the Bureau of Justice
2
Statistics;
3
(5) provide that law enforcement agencies shall
4
maintain all data collected under this Act for not
5
less than 4 years;
6
(6) include guidelines for setting comparative
7
benchmarks, consistent with best practices, against
8
which collected data shall be measured;
9
(7) provide that the Director of the Bureau of
10
Justice Statistics shall—
11
(A) analyze the data for any statistically
12
significant disparities, including—
13
(i) disparities in the percentage of
14
drivers or pedestrians stopped relative to
15
the proportion of the population passing
16
through the neighborhood;
17
(ii) disparities in the hit rate; and
18
(iii) disparities in the frequency of
19
searches performed on racial or ethnic mi-
20
nority drivers and the frequency of
21
searches performed on nonminority drivers;
22
and
23
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•HR 5727 IH
(B) not later than 3 years after the date
1
of enactment of this Act, and annually there-
2
after—
3
(i) prepare a report regarding the
4
findings of the analysis conducted under
5
subparagraph (A);
6
(ii) provide such report to Congress;
7
and
8
(iii) make such report available to the
9
public, including on a website of the De-
10
partment of Justice; and
11
(8) protect the privacy of individuals whose
12
data is collected by—
13
(A) limiting the use of the data collected
14
under this Act to the purposes set forth in this
15
Act;
16
(B) except as otherwise provided in this
17
Act, limiting access to the data collected under
18
this Act to those Federal, State, local, or Tribal
19
employees or agents who require such access in
20
order to fulfill the purposes for the data set
21
forth in this Act;
22
(C) requiring contractors or other non-
23
governmental agents who are permitted access
24
to the data collected under this Act to sign use
25
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•HR 5727 IH
agreements incorporating the use and disclosure
1
restrictions set forth in subparagraph (A); and
2
(D) requiring the maintenance of adequate
3
security measures to prevent unauthorized ac-
4
cess to the data collected under this Act.
5
SEC. 402. PUBLICATION OF DATA.
6
The Bureau of Justice Statistics shall provide to Con-
7
gress and make available to the public, together with each
8
annual report described in section 401, the data collected
9
pursuant to this Act, excluding any personally identifiable
10
information described in section 403.
11
SEC. 403. LIMITATIONS ON PUBLICATION OF DATA.
12
The name or identifying information of a law enforce-
13
ment officer, complainant, or any other individual involved
14
in any activity for which data is collected and compiled
15
under this Act shall not be—
16
(1) released to the public;
17
(2) disclosed to any person, except for—
18
(A) such disclosures as are necessary to
19
comply with this Act;
20
(B) disclosures of information regarding a
21
particular person to that person; or
22
(C) disclosures pursuant to litigation; or
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(3) subject to disclosure under section 552 of
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title 5, United States Code (commonly known as the
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•HR 5727 IH
Freedom of Information Act), except for disclosures
1
of information regarding a particular person to that
2
person.
3
TITLE V—DEPARTMENT OF JUS-
4
TICE REGULATIONS AND RE-
5
PORTS ON RACIAL PROFIL-
6
ING IN THE UNITED STATES
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SEC. 501. ATTORNEY GENERAL TO ISSUE REGULATIONS
8
AND REPORTS.
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(a) REGULATIONS.—In addition to the regulations re-
10
quired under sections 303 and 401, the Attorney General
11
shall issue such other regulations as the Attorney General
12
determines are necessary to implement this Act.
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(b) REPORTS.—
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(1) IN GENERAL.—Not later than 2 years after
15
the date of enactment of this Act, and annually
16
thereafter, the Attorney General shall submit to
17
Congress a report on racial profiling by law enforce-
18
ment agencies.
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(2) SCOPE.—Each report submitted under
20
paragraph (1) shall include—
21
(A) a summary of data collected under sec-
22
tions 201(b)(3) and 301(b)(3) and from any
23
other reliable source of information regarding
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racial profiling in the United States;
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•HR 5727 IH
(B) a discussion of the findings in the
1
most recent report prepared by the Director of
2
the Bureau of Justice Statistics under section
3
401(b)(7);
4
(C) the status of the adoption and imple-
5
mentation of policies and procedures by Federal
6
law enforcement agencies under section 201
7
and by State and local law enforcement agen-
8
cies under sections 301 and 302; and
9
(D) a description of any other policies and
10
procedures that the Attorney General believes
11
would facilitate the elimination of racial
12
profiling.
13
TITLE VI—MISCELLANEOUS
14
PROVISIONS
15
SEC. 601. SEVERABILITY.
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If any provision of this Act, or the application of such
17
a provision to any person or circumstance, is held to be
18
unconstitutional, the remainder of this Act and the appli-
19
cation of the remaining provisions of this Act to any per-
20
son or circumstance shall not be affected thereby.
21
SEC. 602. SAVINGS CLAUSE.
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Nothing in this Act shall be construed—
23
(1) to limit legal or administrative remedies
24
under section 1979 of the Revised Statutes of the
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United States (42 U.S.C. 1983), section 210401 of
1
the Violent Crime Control and Law Enforcement
2
Act of 1994 (34 U.S.C. 12601), the Omnibus Crime
3
Control and Safe Streets Act of 1968 (34 U.S.C.
4
10101 et seq.), or title VI of the Civil Rights Act
5
of 1964 (42 U.S.C. 2000d et seq.);
6
(2) to affect any Federal, State, or Tribal law
7
that applies to an Indian Tribe because of the polit-
8
ical status of the Tribe; or
9
(3) to waive the sovereign immunity of an In-
10
dian Tribe without the consent of the Tribe.
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Æ
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