[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 989 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 989

                     To prohibit racial profiling.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2001

Mr. Feingold (for himself, Mr. Corzine, Mrs. Clinton, Mr. Kennedy, Mr. 
   Torricelli, Mr. Schumer, Mr. Durbin, Ms. Stabenow, and Mr. Reid) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
                     To prohibit racial profiling.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``End Racial 
Profiling Act of 2001''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
                TITLE I--PROHIBITION OF RACIAL PROFILING

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 AND LOCAL 
                        LAW ENFORCEMENT AGENCIES

Sec. 301. Policies required for grants.
Sec. 302. Best practices development grants.
   TITLE IV--DEPARTMENT OF JUSTICE REPORT ON RACIAL PROFILING IN THE 
                             UNITED STATES

Sec. 401. Attorney General to issue report on racial profiling in the 
                            United States.
Sec. 402. Limitation on use of data.
           TITLE V--DEFINITIONS AND MISCELLANEOUS PROVISIONS

Sec. 501. Definitions.
Sec. 502. Severability.
Sec. 503. Savings clause.
Sec. 504. Effective dates.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) The vast majority of law enforcement agents nationwide 
        discharge their duties professionally, without bias, and 
        protect the safety of their communities.
            (2) The use by police officers of race, ethnicity, or 
        national origin in deciding which persons should be subject to 
        traffic stops, stops and frisks, questioning, searches, and 
        seizures is a problematic law enforcement tactic. Statistical 
        evidence from across the country demonstrates that such racial 
        profiling is a real and measurable phenomenon.
            (3) As of November 15, 2000, the Department of Justice had 
        14 publicly noticed, ongoing, pattern or practice 
        investigations involving allegations of racial profiling and 
        had filed five pattern and practice lawsuits involving 
        allegations of racial profiling, with four of those cases 
        resolved through consent decrees.
            (4) A large majority of individuals subjected to stops and 
        other enforcement activities based on race, ethnicity, or 
        national origin are found to be law-abiding and therefore 
        racial profiling is not an effective means to uncover criminal 
        activity.
            (5) A 2001 Department of Justice report on citizen-police 
        contacts in 1999 found that, although African-Americans and 
        Hispanics were more likely to be stopped and searched, they 
        were less likely to be in possession of contraband. On average, 
        searches and seizures of African-American drivers yielded 
        evidence only eight percent of the time, searches and seizures 
        of Hispanic drivers yielded evidence only 10 percent of the 
        time, and searches and seizures of white drivers yielded 
        evidence 17 percent of the time.
            (6) A 2000 General Accounting Office report on the 
        activities of the United States Customs Service during fiscal 
        year 1998 found that black women who were United States 
        citizens were 9 times more likely than white women who were 
        United States citizens to be X-rayed after being frisked or 
        patted down and, on the basis of X-ray results, black women who 
        were United States citizens were less than half as likely as 
        white women who were United States citizens to be found 
        carrying contraband. In general, the report found that the 
        patterns used to select passengers for more intrusive searches 
        resulted in women and minorities being selected at rates that 
        were not consistent with the rates of finding contraband.
            (7) Current local law enforcement practices, such as ticket 
        and arrest quotas, and similar management practices, may have 
        the unintended effect of encouraging law enforcement agents to 
        engage in racial profiling.
            (8) Racial profiling harms individuals subjected to it 
        because they experience fear, anxiety, humiliation, anger, 
        resentment, and cynicism when they are unjustifiably treated as 
        criminal suspects. By discouraging individuals from traveling 
        freely, racial profiling impairs both interstate and intrastate 
        commerce.
            (9) Racial profiling damages law enforcement and the 
        criminal justice system as a whole by undermining public 
        confidence and trust in the police, the courts, and the 
        criminal law.
            (10) Racial profiling violates the Equal Protection Clause 
        of the Constitution. Using race, ethnicity, or national origin 
        as a proxy for criminal suspicion violates the constitutional 
        requirement that police and other government officials accord 
        to all citizens the equal protection of the law. Arlington 
        Heights v. Metropolitan Housing Development Corporation, 429 
        U.S. 252 (1977).
            (11) Racial profiling is not adequately addressed through 
        suppression motions in criminal cases for two reasons. First, 
        the Supreme Court held, in Whren v. United States, 517 U.S. 806 
        (1996), that the racially discriminatory motive of a police 
        officer in making an otherwise valid traffic stop does not 
        warrant the suppression of evidence. Second, since most stops 
        do not result in the discovery of contraband, there is no 
        criminal prosecution and no evidence to suppress.
            (12) Current efforts by State and local governments to 
        eradicate racial profiling and redress the harms it causes, 
        while laudable, have been limited in scope and insufficient to 
        address this national problem.
    (b) Purposes.--The independent purposes of this Act are--
            (1) to enforce the constitutional right to equal protection 
        of the laws, pursuant to the Fifth Amendment and section 5 of 
        the 14th Amendment to the Constitution of the United States;
            (2) to enforce the constitutional right to protection 
        against unreasonable searches and seizures, pursuant to the 
        Fourth Amendment to the Constitution of the United States;
            (3) to enforce the constitutional right to interstate 
        travel, pursuant to section 2 of article IV of the Constitution 
        of the United States; and
            (4) to regulate interstate commerce, pursuant to clause 3 
        of section 8 of article I of the Constitution of the United 
        States.

                TITLE I--PROHIBITION OF RACIAL PROFILING

SEC. 101. PROHIBITION.

    No law enforcement agent or law enforcement agency shall engage in 
racial profiling.

SEC. 102. ENFORCEMENT.

    (a) Remedy.--The United States, or an individual injured by racial 
profiling, may enforce this title in a civil action for declaratory or 
injunctive relief, filed either in a State court of general 
jurisdiction or in a District Court of the United States.
    (b) Parties.--In any action brought pursuant to this title, relief 
may be obtained against: any governmental unit that employed any law 
enforcement agent who engaged in racial profiling; any agent of such 
unit who engaged in racial profiling; and any person with supervisory 
authority over such agent.
    (c) Nature of Proof.--Proof that the routine investigatory 
activities of law enforcement agents in a jurisdiction have had a 
disparate impact on racial or ethnic minorities shall constitute prima 
facie evidence of a violation of this title.
    (d) Attorneys' Fees.--In any action or proceeding to enforce this 
title against any governmental unit, the court may allow a prevailing 
plaintiff, other than the United States, reasonable attorneys' fees as 
part of the costs, and may include expert fees as part of the 
attorney's fee.

    TITLE II--PROGRAMS TO ELIMINATE RACIAL PROFILING BY FEDERAL LAW 
                          ENFORCEMENT AGENCIES

SEC. 201. POLICIES TO ELIMINATE RACIAL PROFILING.

    (a) In General.--Federal law enforcement agencies shall--
            (1) maintain adequate policies and procedures designed to 
        eliminate racial profiling; and
            (2) cease existing practices that encourage racial 
        profiling.
    (b) Policies.--The policies and procedures described in subsection 
(a)(1) shall include the following:
            (1) A prohibition on racial profiling.
            (2) The collection of data on routine investigatory 
        activities sufficient to determine if law enforcement agents 
        are engaged in racial profiling and submission of that data to 
        the Attorney General.
            (3) Independent procedures for receiving, investigating, 
        and responding meaningfully to complaints alleging racial 
        profiling by law enforcement agents of the agency.
            (4) Procedures to discipline law enforcement agents who 
        engage in racial profiling.
            (5) Such other policies or procedures that the Attorney 
        General deems necessary to eliminate racial profiling.

 TITLE III--PROGRAMS TO ELIMINATE RACIAL PROFILING BY STATE AND LOCAL 
                        LAW ENFORCEMENT AGENCIES

SEC. 301. POLICIES REQUIRED FOR GRANTS.

    (a) In General.--An application by a State or governmental unit for 
funding under a covered program shall include a certification that such 
unit and any agency to which it is redistributing program funds--
            (1) maintains adequate policies and procedures designed to 
        eliminate racial profiling; and
            (2) has ceased existing practices that encourage racial 
        profiling.
    (b) Policies.--The policies and procedures described in subsection 
(a) shall include the following:
            (1) A prohibition on racial profiling.
            (2) The collection of data on routine investigatory 
        activities sufficient to determine if law enforcement agents 
        are engaged in racial profiling and submission of that data to 
        the Attorney General.
            (3) Independent procedures for receiving, investigating, 
        and responding meaningfully to complaints alleging racial 
        profiling by law enforcement agents.
            (4) Procedures to discipline law enforcement agents who 
        engage in racial profiling.
            (5) Such other policies or procedures that the Attorney 
        General deems necessary to eliminate racial profiling.
    (c) Noncompliance.--If the Attorney General determines that a 
grantee is not in compliance with conditions established pursuant to 
this title, the Attorney General shall withhold the grant, in whole or 
in part, until the grantee establishes compliance. The Attorney General 
shall provide notice regarding State grants and opportunities for 
private parties to present evidence to the Attorney General that a 
grantee is not in compliance with conditions established pursuant to 
this title.

SEC. 302. BEST PRACTICES DEVELOPMENT GRANTS.

    (a) Grant Authorization.--The Attorney General may make grants to 
States, law enforcement agencies and other governmental units, Indian 
tribal governments, or other public and private entities to develop and 
implement best practice devices and systems to ensure the racially 
neutral administration of justice.
    (b) Uses.--The funds provided pursuant to subsection (a) may be 
used to support the following activities:
            (1) Development and implementation of training to prevent 
        racial profiling and to encourage more respectful interaction 
        with the public.
            (2) Acquisition and use of technology to facilitate the 
        collection of data regarding routine investigatory activities 
        in order to determine if law enforcement agents are engaged in 
        racial profiling.
            (3) Acquisition and use of technology to verify the 
        accuracy of data collection, including in-car video cameras and 
        portable computer systems.
            (4) Development and acquisition of early warning systems 
        and other feedback systems that help identify officers or units 
        of officers engaged in or at risk of racial profiling or other 
        misconduct, including the technology to support such systems.
            (5) Establishment or improvement of systems and procedures 
        for receiving, investigating, and responding meaningfully to 
        complaints alleging racial or ethnic bias by law enforcement 
        agents.
            (6) Establishment or improvement of management systems to 
        ensure that supervisors are held accountable for the conduct of 
        their subordinates.
    (c) Equitable Distribution.--The Attorney General shall ensure that 
grants under this section are awarded in a manner that reserves an 
equitable share of funding for small and rural law enforcement 
agencies.
    (d) Authorization of Appropriations.--The Attorney General shall 
make available such sums as are necessary to carry out this section 
from amounts appropriated for programs administered by the Attorney 
General.

  TITLE IV--DEPARTMENT OF JUSTICE REPORTS ON RACIAL PROFILING IN THE 
                             UNITED STATES

SEC. 401. ATTORNEY GENERAL TO ISSUE REPORTS ON RACIAL PROFILING IN THE 
              UNITED STATES.

    (a) Reports.--
            (1) In general.--Not later than two years after the 
        enactment of this Act, and each year thereafter, the Attorney 
        General shall submit to Congress a report on racial profiling 
        by Federal, State, and local law enforcement agencies in the 
        United States.
            (2) Scope.--The reports issued pursuant to paragraph (1) 
        shall include--
                    (A) a summary of data collected pursuant to 
                sections 201(b)(2) and 301(b)(2) and any other reliable 
                source of information regarding racial profiling in the 
                United States;
                    (B) the status of the adoption and implementation 
                of policies and procedures by Federal law enforcement 
                agencies pursuant to section 201;
                    (C) the status of the adoption and implementation 
                of policies and procedures by State and local law 
                enforcement agencies pursuant to sections 301 and 302; 
                and
                    (D) a description of any other policies and 
                procedures that the Attorney General believes would 
                facilitate the elimination of racial profiling.
    (b) Data Collection.--Not later than six months after the enactment 
of this Act, the Attorney General shall by regulation establish 
standards for the collection of data pursuant to sections 201(b)(2) and 
301(b)(2), including standards for setting benchmarks against which 
collected data shall be measured. Such standards shall result in the 
collection of data, including data with respect to stops, searches, 
seizures, and arrests, that is sufficiently detailed to determine 
whether law enforcement agencies are engaged in racial profiling and to 
monitor the effectiveness of policies and procedures designed to 
eliminate racial profiling.
    (c) Public Access.--Data collected pursuant to section 201(b)(2) 
and 301(b)(2) shall be available to the public.

SEC. 402. LIMITATION ON USE OF DATA.

    Information released pursuant to section 401 shall not reveal the 
identity of any individual who is detained or any law enforcement 
officer involved in a detention.

           TITLE V--DEFINITIONS AND MISCELLANEOUS PROVISIONS

SEC. 501. 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 any of the following:
                    (A) The Edward Byrne Memorial State and Local Law 
                Enforcement Assistance Programs (part E of title I of 
                the Omnibus Crime Control and Safe Streets Act of 1968 
                (42 U.S.C. 3750 et seq.)).
                    (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.), but not 
including any program, project, or other activity specified in section 
1701(d)(8) of that Act (42 U.S.C. 3796dd(d)(8)).
                    (C) The Local Law Enforcement Block Grant program 
                of the Department of Justice, as described in 
                appropriations Acts.
            (2) Governmental unit.--The term ``governmental unit'' 
        means any department, agency, special purpose district, or 
        other instrumentality of Federal, State, local, or Indian 
        tribal government.
            (3) Law enforcement agency.--The term ``law enforcement 
        agency'' means a Federal, State, local, or Indian tribal public 
        agency engaged in the prevention, detection, or investigation 
        of violations of criminal, immigration, or customs laws.
            (4) 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 
        Federal, State, and local law enforcement agencies.
            (5) Racial profiling.--The term ``racial profiling'' means 
        the practice of a law enforcement agent relying, to any degree, 
        on race, ethnicity, or national origin in selecting which 
        individuals to subject to routine investigatory activities, or 
        in deciding upon the scope and substance of law enforcement 
        activity following the initial routine investigatory activity, 
        except that racial profiling does not include reliance on such 
        criteria in combination with other identifying factors when the 
        law enforcement agent is seeking to apprehend a specific 
        suspect whose race, ethnicity, or national origin is part of 
        the description of the suspect.
            (6) Routine investigatory activities.--The term ``routine 
        investigatory activities'' includes the following activities by 
        law enforcement agents: traffic stops; pedestrian stops; frisks 
        and other types of body searches; consensual or nonconsensual 
        searches of the persons or possessions (including vehicles) of 
        motorists or pedestrians; inspections and interviews of 
        entrants into the United States that are more extensive than 
        those customarily carried out; and immigration-related 
        workplace investigations.

SEC. 502. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.

SEC. 503. SAVINGS CLAUSE.

    Nothing in this Act shall be construed to limit legal or 
administrative remedies under section 1979 of the Revised Statutes of 
the United States (42 U.S.C. 1983), section 210401 of the Violent Crime 
Control and Law Enforcement Act of 1994 (42 U.S.C. 14141), the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3701 et seq.), 
and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).

SEC. 504. EFFECTIVE DATES.

    (a) In General.--Except as provided in subsection (b), the 
provisions of this Act shall take effect on the date of the enactment 
of this Act.
    (b) Conditions on Funding.--Section 301 shall take effect 1 year 
after the date of enactment of this Act.
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