[Congressional Record (Bound Edition), Volume 150 (2004), Part 3]
[Extensions of Remarks]
[Page 2869]
[From the U.S. Government Publishing Office, www.gpo.gov]




            INTRODUCTION OF END RACIAL PROFILING ACT OF 2004

                                 ______
                                 

                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                      Thursday, February 26, 2004

  Mr. CONYERS. Mr. Speaker, I am pleased to introduce the End Racial 
Profiling Act of 2000, along with additional bipartisan cosponsors. As 
a product of years of extensive consultation with both the law 
enforcement and civil rights communities, this legislation represents 
the most comprehensive federal commitment to healing the rift cause by 
racial profiling and restoring public confidence in the criminal 
justice system at-large. The introduction of this legislation is 
critical step in what should be a nationwide, bipartisan effort to end 
this divisive practice.
  Before September 11, 2001, there was wide agreement among Americans, 
including President Bush and Attorney General Ashcroft, that racial 
profiling is wrong and should end. Many in the law enforcement 
community acknowledged that singling out people for heightened scrutiny 
based on their race, ethnicity or national origin had eroded the trust 
in law enforcement necessary to appropriately serve and protect our 
communities. What was true before September 11th is even more true 
today: racial profiling is inappropriate and ineffective as a law 
enforcement tactic.
  To that end, the Bush administration has promulgated a series of 
guidelines which are designed to end the practice of racial profiling 
by federal law enforcement agencies. However, we must not mistake the 
issuance of federal guidelines as the final resolution of the racial 
profiling problem nationwide. The vast majority of racial profiling 
complaints arise from the routine activities of state and local law 
enforcement agencies. While these guidelines send a signal, they are 
not a replacement for the enactment of comprehensive federal anti-
profiling legislation.
  Racial profiling not only undermines our constitutional rights, it 
undermines the trust on which law enforcement depends to protect our 
communities. Since the first introduction of racial profiling 
legislation in the 105th Congress, the pervasive nature of the practice 
has gone from anecdote and theory to well documented fact. Data 
collected from New Jersey, Maryland, Texas, Pennsylvania, Florida, 
Illinois, Ohio, New York and Massachusetts show beyond a shadow of a 
doubt that African-Americans and Latinos are being stopped for routine 
traffic violations far in excess of their share of the population or 
even the rate at which such populations are accused of criminal 
conduct. Moreover, a recent Justice Department report found that 
although African-Americans and Hispanics are more likely to be stopped 
and searched by law enforcement, they are much less likely to be found 
in possession of contraband.
  This legislation is designed to eliminate racial profiling by 
changing the policies and procedures underlying the practice. First, 
the bill provides a prohibition on racial profiling, enforceable by 
injunctive relief. Second, the receipt of federal law enforcement and 
other monies that go to state and local governments is conditioned on 
their adoption of effective policies that prohibit racial profiling. 
Third, the Justice Department is authorized to provide grants for the 
development and implementation of best policing practices, such as 
early warning systems, technology integration, and other management 
protocols that discourage profiling. Finally, the Attorney General is 
required to provide periodic reports to assess the nature of any 
ongoing discriminatory profiling practices.
  The vast majority of law enforcement officers discharge their duties 
professionally and without bias. The value of their service should not 
be tarnished by a minority of police officials who engage in 
discriminatory behavior. Evidence obtained from enforcement efforts 
over the past several years has made it clear that federal action is 
necessary to address this problem with finality.
  Racial profiling is a divisive practice that strikes at the very 
foundation of our democracy. When law-abiding citizens are treated 
differently by those who enforce the law simply because of their race, 
ethnicity, religion or national origin, they are denied the basic 
respect and equal treatment that is the right of every American. 
Decades ago, with the passage of sweeping civil rights legislation this 
country made clear race should not affect the treatment of individual 
Americans under the law. The practice of using race as a criterion in 
law enforcement flies in the face of the progress we have made toward 
racial equality.
  With the continuing cooperation of the Administration, we have the 
opportunity to move bipartisan legislation and end the practice of 
racial profiling. I hope that we do not miss an historic opportunity to 
heal the rift cause by racial profiling and restore community 
confidence in law enforcement.

                          ____________________