Specifies that proof that the routine investigatory activities of law enforcement agents in a jurisdiction have had a disparate impact on racial or ethnic minorities shall constitute prima facie evidence of a violation. Authorizes the court to allow a prevailing plaintiff, other than the United States, reasonable attorneys' fees as part of the costs, including expert fees.
Requires Federal law enforcement agencies to: (1) maintain adequate policies and procedures designed to eliminate racial profiling; and (2) cease existing practices that encourage racial profiling.
Directs that any application by a State or governmental unit for funding under a covered program include a certification that such unit and any agency to which it is redistributing program funds: (1) maintains adequate policies and procedures designed to eliminate racial profiling; and (2) has ceased existing practices that encourage racial profiling.
Authorizes the Attorney General to make grants to States, law enforcement agencies and other governmental units, Indian tribal governments, or other public and private entities to develop and implement best practice devices and systems to ensure the racially neutral administration of justice.
Directs the Attorney General to submit to Congress a report on racial profiling by Federal, State, and local law enforcement agencies.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 989 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 989
To prohibit racial profiling.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 6, 2001
Mr. Feingold (for himself, Mr. Corzine, Mrs. Clinton, Mr. Kennedy, Mr.
Torricelli, Mr. Schumer, Mr. Durbin, Ms. Stabenow, and Mr. Reid)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit racial profiling.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``End Racial
Profiling Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
TITLE I--PROHIBITION OF RACIAL PROFILING
Sec. 101. Prohibition.
Sec. 102. Enforcement.
TITLE II--PROGRAMS TO ELIMINATE RACIAL PROFILING BY FEDERAL LAW
ENFORCEMENT AGENCIES
Sec. 201. Policies to eliminate racial profiling.
TITLE III--PROGRAMS TO ELIMINATE RACIAL PROFILING BY STATE AND LOCAL
LAW ENFORCEMENT AGENCIES
Sec. 301. Policies required for grants.
Sec. 302. Best practices development grants.
TITLE IV--DEPARTMENT OF JUSTICE REPORT ON RACIAL PROFILING IN THE
UNITED STATES
Sec. 401. Attorney General to issue report on racial profiling in the
United States.
Sec. 402. Limitation on use of data.
TITLE V--DEFINITIONS AND MISCELLANEOUS PROVISIONS
Sec. 501. Definitions.
Sec. 502. Severability.
Sec. 503. Savings clause.
Sec. 504. Effective dates.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The vast majority of law enforcement agents nationwide
discharge their duties professionally, without bias, and
protect the safety of their communities.
(2) The use by police officers of race, ethnicity, or
national origin in deciding which persons should be subject to
traffic stops, stops and frisks, questioning, searches, and
seizures is a problematic law enforcement tactic. Statistical
evidence from across the country demonstrates that such racial
profiling is a real and measurable phenomenon.
(3) As of November 15, 2000, the Department of Justice had
14 publicly noticed, ongoing, pattern or practice
investigations involving allegations of racial profiling and
had filed five pattern and practice lawsuits involving
allegations of racial profiling, with four of those cases
resolved through consent decrees.
(4) 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.
(5) A 2001 Department of Justice report on citizen-police
contacts in 1999 found that, although African-Americans and
Hispanics were more likely to be stopped and searched, they
were less likely to be in possession of contraband. On average,
searches and seizures of African-American drivers yielded
evidence only eight percent of the time, searches and seizures
of Hispanic drivers yielded evidence only 10 percent of the
time, and searches and seizures of white drivers yielded
evidence 17 percent of the time.
(6) A 2000 General Accounting Office report on the
activities of the United States Customs Service during fiscal
year 1998 found that black women who were United States
citizens were 9 times more likely than white women who were
United States citizens to be X-rayed after being frisked or
patted down and, on the basis of X-ray results, black women who
were United States citizens were less than half as likely as
white women who were United States citizens to be found
carrying contraband. In general, the report found that the
patterns used to select passengers for more intrusive searches
resulted in women and minorities being selected at rates that
were not consistent with the rates of finding contraband.
(7) Current local law enforcement practices, such as ticket
and arrest quotas, and similar management practices, may have
the unintended effect of encouraging law enforcement agents to
engage in racial profiling.
(8) Racial profiling harms individuals subjected to it
because they experience fear, anxiety, humiliation, anger,
resentment, and cynicism when they are unjustifiably treated as
criminal suspects. By discouraging individuals from traveling
freely, racial profiling impairs both interstate and intrastate
commerce.
(9) Racial profiling damages law enforcement and the
criminal justice system as a whole by undermining public
confidence and trust in the police, the courts, and the
criminal law.
(10) 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).
(11) Racial profiling is not adequately addressed through
suppression motions in criminal cases for two reasons. First,
the Supreme Court held, in Whren v. United States, 517 U.S. 806
(1996), that the racially discriminatory motive of a police
officer in making an otherwise valid traffic stop does not
warrant the suppression of evidence. Second, since most stops
do not result in the discovery of contraband, there is no
criminal prosecution and no evidence to suppress.
(12) Current efforts by State and local governments to
eradicate racial profiling and redress the harms it causes,
while laudable, have been limited in scope and insufficient to
address this national problem.
(b) Purposes.--The independent purposes of this Act are--
(1) to enforce the constitutional right to equal protection
of the laws, pursuant to the Fifth Amendment and section 5 of
the 14th Amendment to the Constitution of the United States;
(2) to enforce the constitutional right to protection
against unreasonable searches and seizures, pursuant to the
Fourth Amendment to the Constitution of the United States;
(3) to enforce the constitutional right to interstate
travel, pursuant to section 2 of article IV of the Constitution
of the United States; and
(4) to regulate interstate commerce, pursuant to clause 3
of section 8 of article I of the Constitution of the United
States.
TITLE I--PROHIBITION OF RACIAL PROFILING
SEC. 101. PROHIBITION.
No law enforcement agent or law enforcement agency shall engage in
racial profiling.
SEC. 102. ENFORCEMENT.
(a) Remedy.--The United States, or an individual injured by racial
profiling, may enforce this title in a civil action for declaratory or
injunctive relief, filed either in a State court of general
jurisdiction or in a District Court of the United States.
(b) Parties.--In any action brought pursuant to this title, relief
may be obtained against: any governmental unit that employed any law
enforcement agent who engaged in racial profiling; any agent of such
unit who engaged in racial profiling; and any person with supervisory
authority over such agent.
(c) Nature of Proof.--Proof that the routine investigatory
activities of law enforcement agents in a jurisdiction have had a
disparate impact on racial or ethnic minorities shall constitute prima
facie evidence of a violation of this title.
(d) Attorneys' Fees.--In any action or proceeding to enforce this
title against any governmental unit, the court may allow a prevailing
plaintiff, other than the United States, reasonable attorneys' fees as
part of the costs, and may include expert fees as part of the
attorney's fee.
TITLE II--PROGRAMS TO ELIMINATE RACIAL PROFILING BY FEDERAL LAW
ENFORCEMENT AGENCIES
SEC. 201. POLICIES TO ELIMINATE RACIAL PROFILING.
(a) In General.--Federal law enforcement agencies shall--
(1) maintain adequate policies and procedures designed to
eliminate racial profiling; and
(2) cease existing practices that encourage racial
profiling.
(b) Policies.--The policies and procedures described in subsection
(a)(1) shall include the following:
(1) A prohibition on racial profiling.
(2) The collection of data on routine investigatory
activities sufficient to determine if law enforcement agents
are engaged in racial profiling and submission of that data to
the Attorney General.
(3) Independent procedures for receiving, investigating,
and responding meaningfully to complaints alleging racial
profiling by law enforcement agents of the agency.
(4) Procedures to discipline law enforcement agents who
engage in racial profiling.
(5) Such other policies or procedures that the Attorney
General deems necessary to eliminate racial profiling.
TITLE III--PROGRAMS TO ELIMINATE RACIAL PROFILING BY STATE AND LOCAL
LAW ENFORCEMENT AGENCIES
SEC. 301. POLICIES REQUIRED FOR GRANTS.
(a) In General.--An application by a State or governmental unit for
funding under a covered program shall include a certification that such
unit and any agency to which it is redistributing program funds--
(1) maintains adequate policies and procedures designed to
eliminate racial profiling; and
(2) has ceased existing practices that encourage racial
profiling.
(b) Policies.--The policies and procedures described in subsection
(a) shall include the following:
(1) A prohibition on racial profiling.
(2) The collection of data on routine investigatory
activities sufficient to determine if law enforcement agents
are engaged in racial profiling and submission of that data to
the Attorney General.
(3) Independent procedures for receiving, investigating,
and responding meaningfully to complaints alleging racial
profiling by law enforcement agents.
(4) Procedures to discipline law enforcement agents who
engage in racial profiling.
(5) Such other policies or procedures that the Attorney
General deems necessary to eliminate racial profiling.
(c) Noncompliance.--If the Attorney General determines that a
grantee is not in compliance with conditions established pursuant to
this title, the Attorney General shall withhold the grant, in whole or
in part, until the grantee establishes compliance. The Attorney General
shall provide notice regarding State grants and opportunities for
private parties to present evidence to the Attorney General that a
grantee is not in compliance with conditions established pursuant to
this title.
SEC. 302. BEST PRACTICES DEVELOPMENT GRANTS.
(a) Grant Authorization.--The Attorney General may make grants to
States, law enforcement agencies and other governmental units, Indian
tribal governments, or other public and private entities to develop and
implement best practice devices and systems to ensure the racially
neutral administration of justice.
(b) Uses.--The funds provided pursuant to subsection (a) may be
used to support the following activities:
(1) Development and implementation of training to prevent
racial profiling and to encourage more respectful interaction
with the public.
(2) Acquisition and use of technology to facilitate the
collection of data regarding routine investigatory activities
in order to determine if law enforcement agents are engaged in
racial profiling.
(3) Acquisition and use of technology to verify the
accuracy of data collection, including in-car video cameras and
portable computer systems.
(4) Development and acquisition of early warning systems
and other feedback systems that help identify officers or units
of officers engaged in or at risk of racial profiling or other
misconduct, including the technology to support such systems.
(5) Establishment or improvement of systems and procedures
for receiving, investigating, and responding meaningfully to
complaints alleging racial or ethnic bias by law enforcement
agents.
(6) Establishment or improvement of management systems to
ensure that supervisors are held accountable for the conduct of
their subordinates.
(c) Equitable Distribution.--The Attorney General shall ensure that
grants under this section are awarded in a manner that reserves an
equitable share of funding for small and rural law enforcement
agencies.
(d) Authorization of Appropriations.--The Attorney General shall
make available such sums as are necessary to carry out this section
from amounts appropriated for programs administered by the Attorney
General.
TITLE IV--DEPARTMENT OF JUSTICE REPORTS ON RACIAL PROFILING IN THE
UNITED STATES
SEC. 401. ATTORNEY GENERAL TO ISSUE REPORTS ON RACIAL PROFILING IN THE
UNITED STATES.
(a) Reports.--
(1) In general.--Not later than two years after the
enactment of this Act, and each year thereafter, the Attorney
General shall submit to Congress a report on racial profiling
by Federal, State, and local law enforcement agencies in the
United States.
(2) Scope.--The reports issued pursuant to paragraph (1)
shall include--
(A) a summary of data collected pursuant to
sections 201(b)(2) and 301(b)(2) and any other reliable
source of information regarding racial profiling in the
United States;
(B) the status of the adoption and implementation
of policies and procedures by Federal law enforcement
agencies pursuant to section 201;
(C) the status of the adoption and implementation
of policies and procedures by State and local law
enforcement agencies pursuant to sections 301 and 302;
and
(D) a description of any other policies and
procedures that the Attorney General believes would
facilitate the elimination of racial profiling.
(b) Data Collection.--Not later than six months after the enactment
of this Act, the Attorney General shall by regulation establish
standards for the collection of data pursuant to sections 201(b)(2) and
301(b)(2), including standards for setting benchmarks against which
collected data shall be measured. Such standards shall result in the
collection of data, including data with respect to stops, searches,
seizures, and arrests, that is sufficiently detailed to determine
whether law enforcement agencies are engaged in racial profiling and to
monitor the effectiveness of policies and procedures designed to
eliminate racial profiling.
(c) Public Access.--Data collected pursuant to section 201(b)(2)
and 301(b)(2) shall be available to the public.
SEC. 402. LIMITATION ON USE OF DATA.
Information released pursuant to section 401 shall not reveal the
identity of any individual who is detained or any law enforcement
officer involved in a detention.
TITLE V--DEFINITIONS AND MISCELLANEOUS PROVISIONS
SEC. 501. DEFINITIONS.
In this Act:
(1) Covered program.--The term ``covered program'' means
any program or activity funded in whole or in part with funds
made available under any of the following:
(A) The Edward Byrne Memorial State and Local Law
Enforcement Assistance Programs (part E of title I of
the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3750 et seq.)).
(B) The ``Cops on the Beat'' program under part Q
of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd et seq.), but not
including any program, project, or other activity specified in section
1701(d)(8) of that Act (42 U.S.C. 3796dd(d)(8)).
(C) The Local Law Enforcement Block Grant program
of the Department of Justice, as described in
appropriations Acts.
(2) Governmental unit.--The term ``governmental unit''
means any department, agency, special purpose district, or
other instrumentality of Federal, State, local, or Indian
tribal government.
(3) Law enforcement agency.--The term ``law enforcement
agency'' means a Federal, State, local, or Indian tribal public
agency engaged in the prevention, detection, or investigation
of violations of criminal, immigration, or customs laws.
(4) Law enforcement agent.--The term ``law enforcement
agent'' means any Federal, State, local, or Indian tribal
official responsible for enforcing criminal, immigration, or
customs laws, including police officers and other agents of
Federal, State, and local law enforcement agencies.
(5) Racial profiling.--The term ``racial profiling'' means
the practice of a law enforcement agent relying, to any degree,
on race, ethnicity, or national origin in selecting which
individuals to subject to routine investigatory activities, or
in deciding upon the scope and substance of law enforcement
activity following the initial routine investigatory activity,
except that racial profiling does not include reliance on such
criteria in combination with other identifying factors when the
law enforcement agent is seeking to apprehend a specific
suspect whose race, ethnicity, or national origin is part of
the description of the suspect.
(6) Routine investigatory activities.--The term ``routine
investigatory activities'' includes the following activities by
law enforcement agents: traffic stops; pedestrian stops; frisks
and other types of body searches; consensual or nonconsensual
searches of the persons or possessions (including vehicles) of
motorists or pedestrians; inspections and interviews of
entrants into the United States that are more extensive than
those customarily carried out; and immigration-related
workplace investigations.
SEC. 502. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby.
SEC. 503. SAVINGS CLAUSE.
Nothing in this Act shall be construed to limit legal or
administrative remedies under section 1979 of the Revised Statutes of
the United States (42 U.S.C. 1983), section 210401 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 14141), the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3701 et seq.),
and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
SEC. 504. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), the
provisions of this Act shall take effect on the date of the enactment
of this Act.
(b) Conditions on Funding.--Section 301 shall take effect 1 year
after the date of enactment of this Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5891-5893)
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: (CR S5893-5895)
Committee on the Judiciary Subcommittee on Constitution. Hearings held. With printed Hearing: S.Hrg. 107-537.
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