[Congressional Record Volume 157, Number 149 (Thursday, October 6, 2011)]
[Senate]
[Pages S6339-S6340]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CARDIN (for himself, Mr. Blumenthal, Mr. Durbin, Mrs. 
        Gillibrand, Mr. Kerry, Mr. Lautenberg, Mr. Levin, Mr. Menendez, 
        Ms. Mikulski, and Ms. Stabenow):
  S. 1670. A bill to eliminate racial profiling by law enforcement, and 
for other purposes; to the Committee on the Judiciary.
  Mr. CARDIN. Mr. President, today I am introducing legislation in the 
Senate that would prohibit the use of racial profiling by Federal, 
State, or local law enforcement agencies. The End Racial Profiling Act, 
ERPA, had been introduced in previous Congresses by former Senator Russ 
Feingold of Wisconsin and I am proud to follow his example. I want to 
thank Senators Blumenthal, Durbin, Gillibrand, Kerry, Lautenberg, 
Levin, Menendez, Mikulski, and Stabenow for joining me as original co-
sponsors of this legislation.
  Racial profiling is ineffective. The more resources that are spent 
investigating individuals solely because of their race or religion, the 
fewer resources are being directed at suspects actually demonstrating 
illegal behavior. Former DHS Secretary Michael Chertoff stated in 
response to questions about the December 2001 bomb attempt by Richard 
Reid that ``the problem is that the profile many people think they have 
of what a terrorist is doesn't fit the reality . . . and in fact, one 
of the things the enemy does is to deliberately recruit people who are 
Western in background or in appearance, so that they can slip by people 
who might be stereotyping.''
  Racial profiling diverts scarce resources from real law enforcement. 
In my own state of Maryland, in the 1990's, the ACLU brought a class-
action lawsuit against the Maryland State Police for illegally 
targeting African-American motorists for stops and searches along 
Maryland's highways. The parties ultimately entered into a federal 
court consent decree in 2003 in which they made a joint statement that 
emphasized in part ``the need to treat motorists of all races with 
respect, dignity, and fairness under the

[[Page S6340]]

law is fundamental to good police work and a just society. The parties 
agree that racial profiling is unlawful and undermines public safety by 
alienating communities ``
  Racial profiling demonizes entire communities and perpetuates 
negative stereotypes based on an individual's race, ethnicity, or 
religion. Earlier this year, I spoke out on the Senate floor and in the 
Senate Judiciary Committee to share my thoughts on the hearings held in 
the House of Representatives entitled ``The Extent of Radicalization in 
the American Muslim Community and that Community's Response'' chaired 
by Congressman Peter King. This hearing served only to fan flames of 
fear and division. This spectacle crossed the line and chipped away at 
the religious freedoms and civil liberties we hold so dearly. 
Radicalization may be the appropriate subject of a Congressional 
hearing but not when it is limited to one religion. When that is done, 
it sends the wrong message to the public and casts a religion with 
unfounded suspicions.
  I agree with Attorney General Holder's remarks to the American-Arab 
Anti-Discrimination Committee, where he stated that ``in this nation, 
security and liberty are--at their best--partners, not enemies, in 
ensuring safety and opportunity for all . . . I've spoken to Arab-
Americans who feel that they have not been afforded the full rights--
or, just as important, the full responsibilities--of their citizenship. 
They tell me that, too often, it feels like `us versus them.' That is 
intolerable . . . In this Nation, the document that sets forth the 
supreme law of the land--the Constitution--is meant to empower, not 
exclude . . . Racial profiling is wrong. It can leave a lasting scar on 
communities and individuals. And it is, quite simply, bad policing--
whatever city, whatever state.''
  Using racial profiling makes it less likely that certain affected 
communities will voluntarily cooperate with law enforcement and 
community policing efforts. Minorities living and working in these 
communities may also feel discouraged from travelling freely, and it 
corrodes the public's trust in government.
  The bill I am introducing today, the End Racial Profiling Act, would 
build on Department of Justice's current ``Guidance Regarding the Use 
of Race by Federal Law Enforcement Agencies'' issued in 2003. This 
official DOJ guidance certainly was a step forward, but it does not 
have adequate provisions for data collection and enforcement for state 
and local agencies. The DOJ guidance also does not have the force of 
law.
  ERPA would prohibit the use of racial profiling by Federal, State, or 
local law enforcement agencies. The bill clearly defines racial 
profiling to include race, ethnicity, national origin, or religion as 
protected classes. It requires training of law enforcement officers to 
ensure that they understand the law and its prohibitions. It creates 
procedures for receiving, investigating, and resolving complaints about 
racial profiling. It would apply equally to Federal, State, and local 
law enforcement, which creates consistent standards at all levels of 
government.
  The vast majority of our law enforcement officials that put their 
lives on the line every day handle their jobs with professionalism, 
diligence, and fidelity to the rule of law. However, Congress and the 
Justice Department can still take further steps to prohibit racial 
profiling and root out its use. I look forward to working with my 
colleagues to enact this legislation.
                                 ______