[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2112 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2112
To prohibit racial profiling by Federal, State, and local law
enforcement agencies.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 25, 2004
Mr. Voinovich (for himself and Mr. Breaux) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To prohibit racial profiling by Federal, State, and local law
enforcement agencies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Uniting Neighborhoods and
Individuals To Eliminate Racial Profiling Act'' or ``UNITE Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The overwhelming majority of Federal, State, and local
law enforcement officers throughout the Nation discharge their
duties professionally and without bias.
(2) A large majority of individuals subjected to traffic
stops and other law enforcement activities based on race,
ethnicity, or national origin are found to be law abiding, in
which case racial profiling is not an effective means to
uncover criminal activity.
(3) Racial profiling violates the equal protection clause
of the United States Constitution.
(4) 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).
(5) Racial profiling fosters discord in communities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered grant program.--The term ``covered grant
program'' means any grant program administered by the
Department of Justice.
(2) 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.
(3) 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.
(4) Racial profiling.--The term ``racial profiling'' means
any police initiated action that relies on the race, ethnicity,
or national origin rather than the behavior of an individual or
information that leads the police to a particular individual
who has been identified as being, or having been, engaged in
criminal activity.
(5) Racial profiling plan.--The term ``racial profiling
plan'' means the plan developed and implemented by a State or
local law enforcement agency in accordance with this Act.
(6) Task force.--The term ``Task Force'' means the National
Task Force on Racial Profiling established under section 201.
SEC. 4. PROHIBITION ON RACIAL PROFILING.
No Federal, State, or local law enforcement agent or agency shall
engage in racial profiling.
SEC. 5. INTENT OF ACT.
This Act does not and should not impede the ability of Federal,
State, and local law enforcement to protect the country and its people
from any threat, be it foreign or domestic, including matters of
homeland security and the tracking and identification of terrorists
organizations.
TITLE I--PROGRAM TO ELIMINATE RACIAL PROFILING BY FEDERAL LAW
ENFORCEMENT AGENCIES
SEC. 101. 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 referred to in
subsection (a) shall include--
(1) a prohibition on racial profiling;
(2) educational training on racial profiling issues as part
of Federal law enforcement training;
(3) procedures for receiving, investigating, and responding
meaningfully to complaints alleging racial profiling by Federal
law enforcement agents of the agency; and
(4) procedures to discipline Federal law enforcement agents
who engage in racial profiling.
TITLE II--PROGRAM TO ELIMINATE RACIAL PROFILING BY STATE AND LOCAL LAW
ENFORCEMENT AGENCIES
SEC. 201. NATIONAL TASK FORCE ON RACIAL PROFILING.
(a) Establishment.--There is established within the Department of
Justice, the National Task Force on Racial Profiling.
(b) Duties.--
(1) In general.--The Task Force shall--
(A) establish goals and objectives;
(B) form subcommittees to conduct research, host
meetings, conferences, and symposiums;
(C) establish focus groups to accomplish the goals
and objectives outlined by the Task Force.; and
(D) oversee State-based administrative complaint
procedures.
(2) Report.--Not later than 6 months after the date of
enactment of this Act, the Task Force shall, based on
information from the subcommittees, hearings, and other
reliable sources, prepare a comprehensive report that outlines
lessons learned and best practices, as well as recommendations
for eliminating racial profiling.
(c) Membership.--
(1) In general.--The Task Force shall consist of--
(A) 1 member appointed by the President, subject to
the approval of the Attorney General and the head of
the Department of Justice Civil Rights division;
(B) 1 member appointed by the Democratic leadership
of the House of Representatives and the Senate;
(C) 1 member appointed by the Republican leadership
of the House of Representatives and the Senate; and
(D) 6 members appointed by the members appointed
under subparagraphs (A), (B), and (C).
(2) Interest categories.--The 6 members appointed under
paragraph (1)(D) shall represent and have expertise in each of
the following categories:
(A) Law enforcement.
(B) Civil rights.
(C) Community or faith-based.
(D) Government.
(E) Political or legislative.
(F) Professional research.
(3) Chairperson.--The member appointed by the President
shall serve as the chairperson of the Task Force and shall have
a permanent office with the Department of Justice.
(4) Period of appointment.--Members of the Task Force shall
serve 2-year terms, with the exception of the chairperson who
shall serve a 4-year term.
(5) Vacancies.--Any vacancy in the Task Force shall not
affect its powers, but shall be filled in the same manner as
the original appointment.
(d) Racial Profiling Education and Awareness Program.--
(1) In general.--The Task Force shall establish an
education and awareness program on racial profiling that
includes information regarding the negative effects of racial
profiling on individuals and law enforcement.
(2) Purposes of program.--The purposes of the program
established under paragraph (1) are to--
(A) encourage State and local law enforcement
agencies to cease existing practices that may promote
racial profiling;
(B) encourage involvement by State and local law
enforcement agencies with the community to address the
problem of racial profiling;
(C) assist State and local law enforcement agencies
in developing and maintaining adequate policies and
procedures to prevent racial profiling; and
(D) assist State and local law enforcement agencies
in developing and implementing internal training
programs to combat racial profiling and foster enhanced
community relations.
(3) Availability.--The program established under paragraph
(1) shall be offered--
(A) to State and local law enforcement agencies;
and
(B) at various regional centers across the country
to ensure that all law enforcement agencies have
reasonable access to the program.
SEC. 202. PLAN TO ELIMINATE RACIAL PROFILING BY STATE AND LOCAL LAW
ENFORCEMENT AGENCIES.
(a) Plan Required for Grants.--Not later than 12 months after the
date of enactment of this Act, each State and local law enforcement
agency that desires funds under a covered grant program shall include,
with its application for funds, certification that such agency is
developing and is in the process of implementing a plan--
(1) to maintain adequate policies and procedures designed
to eliminate racial profiling; and
(2) that meets the requirements of subsection (b).
(b) Plan Requirements.--
(1) In general.--To meet the requirements of this
subsection, a plan shall--
(A) strictly prohibit law enforcement agents from
engaging in racial profiling;
(B) provide information to the public relating to
the State-based administrative complaint procedures in
section 203;
(C) require appropriate action to be taken against
any law enforcement agent who, after an investigation,
is proven to have engaged in racial profiling in
violation of the agency's plan; and
(D) include educational training on racial
profiling issues as part of law enforcement training.
(c) Implementation of Plan.--Not later than 24 months after the
date of enactment of this Act, each State and local law enforcement
agency that submitted the certification described in subsection (a)
shall certify to the Attorney General that the plan implemented by the
agency meets the requirements of subsection (b).
(d) Plan Revisions.--
(1) In general.--Any revisions to a racial profiling plan
that is developed and implemented by a State or local law
enforcement agency in accordance with this title must be
submitted to the Attorney General for review.
(2) Review.--The Attorney General may, at the Attorney
General's discretion, determine that a State or local law
enforcement agency is not in compliance with the requirements
of subsection (b).
(e) Compliance.--At any time during the implementation or revision
of an agency's racial profiling plan, the Attorney General may, if the
Attorney General determines that the agency or the plan has not met the
requirements of this section--
(1) make recommendations to the State or local law
enforcement agency to assist the agency in developing a plan
that complies with this title; or
(2) withhold the grant that the agency desires, in whole or
in part, until the agency establishes compliance.
SEC. 203. STATE-BASED ADMINISTRATIVE COMPLAINT PROCEDURES.
(a) Establishment of Grievance Procedures.--A State that desires
funding under a covered grant program shall establish and maintain
State-based administrative complaint procedures that meet the
requirements of subsection (b).
(b) Requirements.--To meet the requirements of this subsection,
complaint procedures shall--
(1) be uniform and nondiscriminatory;
(2) allow any person who believes there has been a
violation of section 4 to file a complaint;
(3) provide that a complaint be sworn in writing, signed by
the person filing the complaint, and notarized;
(4) allow the State to consolidate complaints filed under
paragraph (2);
(5) provide that a hearing may be held, on record, at the
request of the complainant;
(6) provide the appropriate remedy if the State determines
that a violation of section 4 has occurred;
(7) provide that the State shall dismiss the complaint and
publish the results of the procedures if the State determines
that no violation of section 4 occurred;
(8) provide that the State shall make a final determination
with respect to a complaint prior to the expiration of the 90-
day period which begins on the date the complaint is filed,
unless the complainant consents to a longer period for making
such a determination;
(9) provide that if the State fails to meet the deadline
applicable under paragraph (8), the complaint shall be resolved
within 60 days under alternative dispute resolution procedures
established pursuant to this section;
(10) provide that the record and other materials from any
proceedings conducted under the complaint procedures
established by this section shall be made available for use
under the alternative dispute resolution procedures; and
(11) provide a record of all complaints and proceedings to
the Task Force.
(c) Involvement of Attorney General.--If the Task Force makes the
determination that any State or local law enforcement agency or
individual law enforcement agent receives a number of complaints to
indicate possible noncompliance with this Act, the complaints shall be
referred to the Attorney General for further investigation in
accordance with procedures established by the Attorney General.
TITLE III--GRANT PROGRAM TO ELIMINATE RACIAL PROFILING
SEC. 301. GRANT PROGRAM.
(a) Grants Authorized.--The Attorney General, through the Bureau of
Justice Assistance, may make grants to State and local law enforcement
agencies to assist such agencies in developing programs to eliminate
racial profiling.
(b) Use of Funds.--Grants awarded pursuant to subsection (a) shall
be used by State and local law enforcement agencies to--
(1) develop and implement plans to eliminate racial
profiling in accordance with section 202; and
(2) establish and maintain administrative complaint
procedures for racial profiling complaints in accordance with
section 203.
(c) Application.--Each State or local law enforcement agency
desiring a grant under this section shall submit an application to the
Attorney General at such time, in such manner, and accompanied by such
information as the Attorney General may reasonably require.
TITLE IV--AUTHORIZATION OF APPROPRIATIONS
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
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