Sec. 401. Attorney General to issue regulations
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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. The regulations issued under subsection
(a)shall— provide for the collection of data on all routine or spontaneous investigatory activities; provide that the data collected shall— be collected by race, ethnicity, national origin, gender, and religion, as perceived by the law enforcement officer; include the date, time, and location of such investigatory activities; include detail sufficient to permit an analysis of whether a law enforcement agency is engaging in racial profiling; and not include personally identifiable information; provide that a standardized form shall be made available to law enforcement agencies for the submission of collected data to the Department of Justice; 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; provide that law enforcement agencies shall maintain all data collected under this Act for not less than 4 years; include guidelines for setting comparative benchmarks, consistent with best practices, against which collected data shall be measured; provide that the Department of Justice Bureau of Justice Statistics shall— analyze the data for any statistically significant disparities, including— disparities in the percentage of drivers or pedestrians stopped relative to the proportion of the population passing through the neighborhood; disparities in the hit rate; and disparities in the frequency of searches performed on racial or ethnic minority drivers and the frequency of searches performed on nonminority drivers; and not later than 3 years after the date of enactment of this Act, and annually thereafter— prepare a report regarding the findings of the analysis conducted under subparagraph
(A); provide such report to Congress; and make such report available to the public, including on a website of the Department of Justice; and protect the privacy of individuals whose data is collected by— limiting the use of the data collected under this Act to the purposes set forth in this Act; 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; requiring contractors or other nongovernmental 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 requiring the maintenance of adequate security measures to prevent unauthorized access to the data collected under this Act.