[Congressional Record Volume 148, Number 39 (Thursday, April 11, 2002)]
[Senate]
[Pages S2584-S2585]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. VOINOVICH (for himself and Mr. DeWine):
  S. 2114. A bill to authorize the Attorney General to carry out a 
racial profiling educating and awareness program within the Department 
of Justice and to assist state and local law enforcement agencies in 
implementing such programs; to the Committee on the Judiciary.
  Mr. VOINOVICH. Madam President, we've heard all too often of 
situations in cities and towns across the country in which concerns 
over racial profiling are creating serious divisions between 
communities and law enforcement agencies. Despite the shared interest 
each have in fighting crime and making neighborhoods safer, mistrust 
and wariness stands in the way of cooperation.
  Today I introduced a bill entitled the ``Racial Profiling Education 
and Awareness Act of 2002'' that I believe will put us on the road to 
preventing problems caused by racial profiling and help begin 
reconciliation in communities torn apart by racial unrest connected to 
police-community relations.
  Rooted in the belief that education and dialogue are the most 
effective tools for bridging racial divides, my bill establishes a 
program within the Department of Justice to educate city leaders, 
police chiefs, and law enforcement personnel on the problems of racial 
profiling and the value of community outreach, as well as to recognize 
and disseminate information on ``best practice'' procedures for 
addressing police-community racial issues.
  My experience as mayor of Cleveland and governor of Ohio has taught 
me that reaching the hearts and minds of people is the most effective 
means of dealing with intolerance and the problems that result.
  As mayor of Cleveland I established the city's first urban coalition, 
the Cleveland Roundtable, to bring together representatives of the 
city's various racial, religious and economic groups to create a common 
agenda. I also established a one-week sensitivity training course for 
all Cleveland police officers and created six police district community 
relations committees to open lines of communication between police 
officers and community members.
  As governor, I launched efforts to increase community outreach by law 
enforcement in order to foster a cooperative, rather than adversarial, 
relationship between citizens and law enforcement. Through my 
``Governor's Challenge,'' I worked to bring members of local 
communities together with law enforcement officials and members of the 
business community in order to educate and break down barriers that 
lead to intolerance. Outstanding communities were recognized for their 
efforts.

  On Friday, April 12, 2002, Attorney General Ashcroft is scheduled to 
travel to Cincinnati, Ohio to endorse a settlement agreement between 
the Cincinnati Police Department and the Department of Justice. The 
settlement is in reference to a Federal lawsuit, filed last March that 
alleges a 30-year pattern of racial profiling by the department. Just 
one month after the suit was filed, riots broke out in the city of 
Cincinnati after a white officer shot and killed an unarmed black 
teenager in a foot chase. The riots prompted Mayor Luken of Cincinnati 
to invite the Justice Department to review the practices and procedures 
of the Cincinnati Police Department and make recommendations for 
improvement.
  What results is a settlement, endorsed by all parties, including the 
local Fraternal Order of Police chapter and the local ACLU chapter, 
which sets forth several recommendations for the department, including 
revising procedures governing the use of deadly force, choke holds and 
irritant spray; increasing training requirements; and keeping a 
database of all citizen-reported positive interactions with police. 
Most importantly in my eyes, however, is the requirement that the 
department works to improve relations between communities and the 
police.
  I firmly believe that Cincinnati can become a model for turning 
around a difficult situation and building good community-police 
relations. And I believe that if other cities and towns throughout the 
country can open the lines of communication between their communities 
and law enforcement as Cincinnati is doing, they can prevent problems 
from ever happening.
  The overwhelming majority of State and local law enforcement agents 
throughout the Nation discharge their duties professionally and justly. 
I salute them for their committed efforts in what is one of America's 
toughest jobs. It is unfortunate that the misdeeds of a minute few have 
such a corrosive effect on the police-community relationship. Through 
education and dialogue we can help turn situations around so that 
groups who once thought they had little in common can realize how much 
they actually have to gain by working together to make our communities 
safer places to live.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2114

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Racial Profiling Education 
     and Awareness Act of 2002.''

     SEC. 2. FINDINGS.

       Whereas, the overwhelming majority of state and local law 
     enforcement agents throughout the nation discharge their 
     duties professionally and without bias.
       Whereas, 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.
       Whereas, racial profiling should not be confused with 
     criminal profiling, which is a legitimate tool in fighting 
     crime.
       Whereas, 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).

     SEC. 3. AUTHORIZATION OF PROGRAM.

       (a) In General.--The Attorney General, in consultation with 
     law enforcement agencies and civil rights organizations, 
     shall establish an education and awareness program on racial 
     profiling and the negative effects of racial profiling on 
     individuals and law enforcement.
       (b) Purposes of Program.--The purposes of this new 
     educational program are to (1) encourage state and local law 
     enforcement agencies to cease existing practices that may 
     promote racial profiling, (2) encourage involvement with the 
     community to address the problem of racial profiling, (3) 
     assist state and local law enforcement agencies in developing 
     and maintaining adequate policies and procedures to prevent 
     racial profiling, and (4) assist state and local law 
     enforcement agencies in developing and implementing internal 
     training programs to combat racial profiling and to foster 
     enhanced community relations.
       (c) Program for Local Law Enforcement Agencies.--The 
     education and awareness program and materials developed 
     pursuant to subsections (a) and (b) shall be offered to state 
     and local law enforcement agencies.
       (d) Regional Programs.--The education and awareness program 
     developed pursuant to subsections (a) and (b) shall be 
     offered at various regional centers across the country to 
     ensure that all law enforcement agencies have reasonable 
     access to the program.

     SEC. 4. EVALUATION OF BEST PRACTICES.

       (a) Performance Measures.--The Department of Justice shall 
     develop measures to evaluate the performance of programs 
     implemented under Section 3(b)(4).
       (b) Evaluation According To Performance Measures.--Applying 
     the performance measures developed under subsection (a), the 
     Department of Justice shall evaluate programs implemented 
     under section 3(b)(4)--
       (1) to judge their performance and effectiveness;
       (2) to identify which of the programs represents the best 
     practices to combat racial profiling; and
       (3) to identify which of the programs may be replicated and 
     used to provide assistance to other law enforcement agencies.

[[Page S2585]]

       (c) Applying the performance measures developed under 
     subsection (a), the Department of Justice shall work with 
     those state and local law enforcement agencies that would 
     most benefit from the education program and materials 
     developed under section three in order to assist them in 
     implementing a plan for the prevention of racial profiling 
     within their agency.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.
                                 ______