TITLE IV DATA COLLECTION
SEC. 401. ATTORNEY GENERAL TO ISSUE REGULATIONS.
(a) 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 201 and 301.
(b) Requirements. The regulations issued under subsection (a) shall-
(1) provide for the collection of data on all routine or spontaneous investigatory activities;
(2) provide that the data collected shall-
(A) be collected by race, ethnicity, national origin, gender, and religion, as perceived by the law enforcement officer;
(B) include the date, time, and location of such investigatory activities;
(C) include detail sufficient to permit an analysis of whether a law enforcement agency is engaging in racial profiling
; and
(D) not include personally identifiable information described in section 403;
(3) provide that a standardized form shall be made available to law enforcement agencies for the submission of collected data to the Department of Justice;
(4) 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;
(5) provide that law enforcement agencies shall maintain all data collected under this Act for not less than 4 years;
(6) include guidelines for setting comparative benchmarks, consistent with best practices, against which collected data shall be measured; and
(7) provide for the protection of the privacy of individuals whose data is collected by-
(A) limiting the use and disclosure of the data collected under this Act to the purposes set forth in this Act;
(B) except as otherwise provided in this Act, limiting access to the data collected under this Act 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 Act;
(C) requiring contractors or other non-governmental agents who are permitted access to the data collected under this Act to sign use agreements incorporating the use and disclosure restrictions set forth in subparagraph (A); and
(D) requiring the maintenance of adequate security measures to prevent unauthorized access to the data collected under this Act.
SEC. 402. DUTIES OF THE BUREAU OF JUSTICE STATISTICS.
(a) Analysis and Reports. The Department of Justice Bureau of Justice Statistics shall-
(1) analyze the data collected under sections 201 and 301 for any statistically significant disparities, including-
(A) disparities in the percentage of drivers or pedestrians stopped relative to the proportion of the population passing through the neighborhood;
(B) disparities in the hit rate; and
(C) disparities in the frequency of searches performed on minority drivers and the frequency of searches performed on non-minority drivers; and
(2) not later than 3 years after the date of enactment of this Act, and annually thereafter-
(A) prepare a report regarding the findings of the analysis conducted under paragraph (1);
(B) provide such report to Congress and the Attorney General; and
(C) make such report available to the public, including on a Web site of the Department of Justice.
(b) 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 subsection (a)(2), the data collected pursuant to this Act, excluding any personally identifiable information described in section 403.
SEC. 403. 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 Act shall not be-
(1) released to the public;
(2) disclosed to any person, except for-
(A) such disclosures as are necessary to comply with this Act;
(B) disclosures of information regarding a particular person to that person; or
(C) disclosures pursuant to litigation; or
(3) subject to disclosure under section 552 of title 5, United States Code (commonly know as the Freedom of Information Act), except for disclosures of information regarding a particular person to that person.
