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[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.
                                 <all>
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