[Congressional Record Volume 159, Number 74 (Thursday, May 23, 2013)]
[Senate]
[Pages S3849-S3850]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CARDIN (for himself, Mr. Durbin, Mr. Blumenthal, Mr. 
        Coons, Mr. Harkin, Mr. Menendez, Ms. Stabenow, Mr. Levin, Ms. 
        Mikulski, Ms. Warren, Mrs. Boxer, Mrs. Gillibrand, Mr. 
        Lautenberg, and Ms. Hirono):
  S. 1038. 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 rise to introduce legislation in 
the Senate that would prohibit the use of racial profiling by Federal, 
State, or local law enforcement agencies. This legislation is entitled 
the End Racial Profiling Act, ERPA, 2013. I thank my colleagues who 
have joined me as original cosponsors of this legislation, including 
Senators Durbin, Blumenthal, Coons, Harkin, Menendez, Stabenow, Levin, 
Mikulski, Warren, Boxer, Gillibrand, Lautenberg, and Hirono.
  Last year, the Nation's attention was riveted to the tragic, 
avoidable death of Trayvon Martin in Florida in February 2012. As we 
all know from the news, an unarmed Martin, 17, was shot in Sanford, FL, 
on his way home from a convenience store, while carrying a can of iced 
tea and a bag of skittles.
  After the tragedy, I met with faith and civil rights groups at the 
Center for Urban Families in Baltimore to discuss the issue of racial 
profiling. Joining me were representatives from various faith and civil 
rights groups in Baltimore, as well as graduates from the center's 
program. I heard there first-hand accounts of typical American families 
that were victims of racial profiling. One young woman recounted going 
to a basketball game with her father, only to have her dad detained by 
police for no apparent reason other than the color of his skin.
  That is why I was pleased that the Justice Department, under the 
supervision of Attorney General Eric Holder, announced a Civil Rights 
Division and FBI investigation into the shooting death of Trayvon 
Martin. I join all Americans in wanting a full and complete 
investigation into the shooting death of Trayvon Martin to ensure that 
justice is served. There are many questions that we need answered.
  Was Trayvon targeted because he was black? The State of Florida has 
already charged the shooter with second-degree murder, and the 
defendant will be given a jury trial of his peers, which begins next 
month in State court.
  Trayvon's tragic death leads to a discussion of the broader issue of 
racial profiling. The Senate Judiciary Committee held a hearing 
entitled ``Ending Racial Profiling in America'' in April 2012, which 
was chaired by Senator Durbin.
  At the hearing I was struck by the testimony of Ronald L. Davis, the 
Chief of Police of the City of East Palo Alto, CA. I want to quote part 
of Chief Davis' testimony, in which he stated that:

       [T]here exists no national, standardized definition for 
     racial profiling that prohibits all uses of race, national 
     origin, and religion, except when describing a person. 
     Consequently, many state and local policies define racial 
     profiling as using race as the 'sole' basis for a stop or any 
     police action. This definition is misleading in that it 
     suggests using race as a factor for anything other than a 
     description is justified, which it is not. Simply put, race 
     is a descriptor not a predictor. To use race along with other 
     salient descriptors when describing someone who just 
     committed a crime is appropriate. However, when we deem a 
     person to be suspicious or attach criminality to a person 
     because of the color of his or her skin, the neighborhood 
     they are walking in, or the clothing they are wearing, we are 
     attempting to predict criminality. The problem with such 
     predictions is that we are seldom right in our results and 
     always wrong in our approach.

  After the hearing I was joined at a press conference by Baltimore's 
Rev. Dr. Jamal Bryant, a leading youth activist and advisor to the 
Trayvon Martin family. He echoed the call to end racial profiling by 
law enforcement in America:

       This piece of legislation being offered by my senator, 
     Senator Cardin, is the last missing piece for the civil 
     rights bill from 1965 that says there ought to be equality 
     regardless of one's gender or one's race. Racial

[[Page S3850]]

     profiling is in fact an extension of racism in America that 
     has been unaddressed and this brings closure to the divide in 
     this country.

  I have called for putting an end to racial profiling, a practice that 
singles out individuals based on race, ethnicity, national origin, or 
religion.
  My legislation would protect minority communities by prohibiting the 
use of racial profiling by law enforcement officials.
  First, the bill prohibits the use of racial profiling by all law 
enforcement agents, whether Federal, State, or local. Racial profiling 
is defined in a standard, consistent definition as the practice of a 
law enforcement agent relying on race, ethnicity, religion, or national 
origin as a factor in their investigations and activities. The 
legislation creates an exception for the use of these factors where 
there is trustworthy information, relevant to the locality and time 
frame, which links persons of a particular race, ethnicity, or national 
origin to an identified incident or scheme.
  Law enforcement agencies would be prohibited from using racial 
profiling in criminal or routine law enforcement investigations, 
immigration enforcement, and national security cases.
  Second, the bill would mandate training on racial profiling issues, 
and requires data collection by local and State law enforcement 
agencies.
  Third, this bill would condition the receipt of Federal funds by 
state and local law enforcement on two grounds. First, under this bill, 
state and local law enforcement would have to ``maintain adequate 
policies and procedures designed to eliminate racial profiling.'' 
Second, they must ``eliminate any existing practices that permit or 
encourage racial profiling.''
  Fourth, the bill would authorize the Justice Department to provide 
grants to State and local government to develop and implement best 
policing practices that would discourage racial profiling, such as 
early warning systems.
  Finally, the bill would require the Attorney General to provide 
periodic reports to assess the nature of any ongoing discriminatory 
profiling practices.
  The bill would also provide remedies for individuals who were harmed 
by racial profiling.
  The legislation I introduce today is supported by the Leadership 
Conference on Civil and Human Rights, NAACP, Rights Working Group, 
ACLU, and numerous other national, state, and local organizations.
  Racial profiling is bad policy, but given the state of our budgets, 
it also diverts scarce resources from real law enforcement. Law 
enforcement officials nationwide already have tight budgets. The more 
resources spent investigating individuals because of their race, 
religion, national origin, or ethnicity, the fewer resources directed 
at suspects who are actually demonstrating illegal behavior.
  Using racial profiling makes it less likely that certain affected 
communities will voluntarily cooperate with law enforcement and 
community policing efforts, making it harder for our law enforcement 
community to combat crimes and fight terrorism.
  Minorities living and working in these communities in which racial 
profiling is used may also feel discouraged from traveling freely, 
which corrodes the public trust in government. This ultimately 
demonizes entire communities and perpetuates negative stereotypes based 
on an individual's race, ethnicity, or religion.
  Racial profiling has no place in modern law enforcement. The vast 
majority of our law enforcement officials who 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 and should still 
take steps to prohibit racial profiling and finally root out its use.
  I agree with Attorney General Holder's remarks to the American-Arab 
Anti-Discrimination Committee where he stated:

       In this Nation, security and liberty are--at their best--
     partners, not enemies, in ensuring safety and opportunity for 
     all . . . 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.

  The Fourteenth Amendment to the U.S. Constitution guarantees the 
``equal protection of the laws'' to all Americans. Racial profiling is 
abhorrent to that principle, and should be ended once and for all.
  As the late Senator Ted Kennedy often said, ``civil rights is the 
great unfinished business of America.'' Let us continue the fight here 
to make sure that we truly have equal justice under law for all 
Americans. I urge my colleagues to support this legislation.
                                 ______