§ 3305 : PROFILING

PROHIBITION.—In making routine or spontaneous law enforcement decisions, such as ordinary traffic stops, Federal law enforcement officers may not use race or ethnicity to any degree, except that officers may rely on race and ethnicity if a specific suspect description exists.

EXCEPTIONS.—

1.

SPECIFIC INVESTIGATION.—In conducting activities in connection with a specific investigation, Federal law enforcement officers may consider race and ethnicity only to the extent that there is trustworthy information, relevant to the locality or time frame, that links persons of a particular race or ethnicity to an identified criminal incident, scheme, or organization. This standard applies even where the use of race or ethnicity might otherwise be lawful.

2.

NATIONAL SECURITY.—In investigating or preventing threats to national security or other catastrophic events (including the performance of duties related to air transportation security), or in enforcing laws protecting the integrity of the Nation’s borders, Federal law enforcement officers may not consider race or ethnicity except to the extent permitted by the Constitution and laws of the United States.

3.

DEFINED TERM.—In this section, the term Federal law enforcement officer means any officer, agent, or employee of the United States authorized by law or by a Government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of Federal law.

STUDY AND REGULATIONS.—

1.

DATA COLLECTION.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall begin collecting data regarding the individualized immigration enforcement activities of covered Department officers.

2.

STUDY.—Not later than 180 days after data collection under paragraph (1) commences, the Secretary shall complete a study analyzing the data.

3.

REGULATIONS.—Not later than 90 days after the date the study required by paragraph (2) is completed, the Secretary, in consultation with the Attorney General, shall issue regulations regarding the use of race, ethnicity, and any other suspect classifications the Secretary deems appropriate by covered Department officers.

4.

REPORTS.—Not later than 30 days after completion of the study required by paragraph (2), the Secretary shall submit the study to—

A.

the Committee on Homeland Security and Governmental Affairs of the Senate;

B.

the Committee on Homeland Security of the House of Representatives;

C.

the Committee on Appropriations of the Senate;

D.

the Committee on Appropriations of the House of Representatives;

E.

the Committee on the Judiciary of the Senate; and

F.

the Committee on the Judiciary of the House of Representatives.

5.

DEFINED TERM.—In this subsection, the term covered Department officer means any officer, agent, or employee of United States Customs and Border Protection, United States Immigration and Customs Enforcement, or the Transportation Security Administration.