[Weekly Compilation of Presidential Documents Volume 35, Number 23 (Monday, June 14, 1999)]
[Pages 1067-1068]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Memorandum on Fairness in Law Enforcement
June 9, 1999
Memorandum for the Secretary of the Treasury, the Attorney General, the
Secretary of the Interior
Subject: Fairness in Law Enforcement: Collection of Data
We must work together to build the trust of all Americans in law
enforcement. We have great confidence in our Federal law enforcement
officers and know that they strive to uphold the best principles of law
enforcement in our democratic society. We cannot tolerate, however,
officers who cross the line and abuse their position by mistreating law-
abiding individuals or who bring their own racial bias to the job. No
person should be subject to excessive force, and no person should be
targeted by law enforcement because of the color of his or her skin.
Stopping or searching individuals on the basis of race is not
effective law enforcement policy, and is not consistent with our
democratic ideals, especially our commitment to equal protection under
the law for all persons. It is neither legitimate nor defensible as a
strategy for public protection. It is simply wrong.
To begin addressing the problem of racial profiling, Federal
agencies should collect more data at all levels of law enforcement to
better define the scope of the problem. The systematic collection of
statistics and information regarding Federal law enforcement activities
can increase the fairness of our law enforcement practices. Tracking the
race, ethnicity, and gender of those who are stopped or searched by law
enforcement will help to determine where problems exist, and guide the
development of solutions.
I therefore direct you to design and implement a system to collect
and report statistics relating to race, ethnicity, and gender for law
enforcement activities in your department. Specifically, you shall:
(1) develop a proposal within 120 days, in consultation with the
Attorney General, for a system of data collection and an
implementation plan for a field test of that system,
including the law enforcement agency components, sites, data
sets, training, and other methods and procedures to be
included in the field testing. You shall implement field
tests within 60 days of finalizing their proposals;
(2) to the extent practicable, collect data that is sufficiently
detailed to permit an analysis of actions relevant to the
activities of the included law enforcement agencies by race,
ethnicity, or gender. Such actions may include traffic
stops, pedestrian stops, a more extensive inspection or
interview than that customarily conducted with entrants to
the United States, requests for consent to search, or
warrantless searches. Data acquired pursuant to this
memorandum may not contain any information that may reveal
the identity of any individual; and
(3) provide to the Attorney General a summary of the information
collected during the first year of your field test,
including civilian complaints received alleging bias based
on the race, ethnicity, or gender of the complainant in law
enforcement activities; your process for investigating and
resolving such complaints; and the outcomes of any such
investigations. The Attorney General shall report to me, in
consultation with relevant agency heads, on the results of
the field tests with: (i) an evaluation of the first year of
the field test; (ii) an implementation plan to expand the
data collection and reporting system to other components and
locations within the agency and to make such system
permanent; and (iii) recommendations to improve the fair
administration of law enforcement activities.
In addition, within 120 days of the date of this directive, you
shall provide a report to me on your training programs, policies, and
practices regarding the use of race, ethnicity, and gender in your law
enforcement activities, along with recommendations for improving those
programs, policies, and practices.
William J. Clinton
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