SEC. 2. 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 Justice Assistance Grant Program under part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.); and
(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.), except that no program, project, or other activity specified in section 1701(b)(13) of such part shall be a covered program under this paragraph.
(2) Governmental body. The term 'governmental body' means any department, agency, special purpose district, or other instrumentality of Federal, State, local, or Indian tribal government.
(3) Hit rate. The term 'hit rate' means the percentage of stops and searches in which a law enforcement officer finds drugs, a gun, or something else that leads to an arrest. The hit rate is calculated by dividing the total number of searches by the number of searches that yield contraband. The hit rate is complementary to the rate of false stops
(4) Indian tribe. The term 'Indian tribe' has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a)).
(5) Law enforcement agency. The term 'law enforcement agency' means any Federal, State, local, or Indian tribal public agency engaged in the prevention, detection, or investigation of violations of criminal, immigration, or customs laws.
(6) 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 a law enforcement agency.
(7) racial profiling
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(A) Definition. The term 'racial profiling' means the practice of a law enforcement agent or agency relying, to any degree, on race, ethnicity, national origin, gender, or religion-
(i) in selecting which individual to subject to routine or spontaneous investigatory activities; or
(ii) in deciding upon the scope and substance of law enforcement activity following the initial investigatory activity.
(B) Exception. The term 'racial profiling' does not include a practice of a law enforcement agent or agency that relies on race, ethnicity, national origin, gender, or religion when there is trustworthy information, relevant to the locality and timeframe, that links a person of a particular race, ethnicity, national origin, gender, or religion to an identified criminal incident or scheme.
(8) Routine or spontaneous investigatory activities. The term 'routine or spontaneous investigatory activities' means the following activities by a law enforcement agent:
(A) Interviews.
(B) Traffic stops.
(C) Pedestrian stops.
(D) Frisks and other types of body searches.
(E) Consensual or nonconsensual searches of the persons, property, or possessions (including vehicles) of individuals using any form of public or private transportation, including motorists and pedestrians.
(F) Data collection and analysis, assessments, and predicated investigations.
(G) Inspections and interviews of entrants into the United States that are more extensive than those customarily carried out.
(H) Immigration-related workplace investigations.
(I) Such other types of law enforcement encounters about which statistical information is compiled for or by the Federal Bureau of Investigation or the Department of Justice Bureau of Justice Statistics.
(9) Reasonable request. The term 'reasonable request' means all requests for information, except for those that-
(A) are immaterial to the investigation;
(B) would result in the unnecessary disclosure of personal information; or
(C) would place a severe burden on the resources of the law enforcement agency given its size.
(10) State. The term 'State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.
(11) Unit of local government. The term 'unit of local government' means-
(A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State;
(B) any law enforcement district or judicial enforcement district that-
(i) is established under applicable State law; and
(ii) has the authority to, in a manner independent of other State entities, establish a budget and impose taxes; or
(C) any Indian tribe that performs law enforcement functions, as determined by the Secretary of the Interior.
