II 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Uniting Neighborhoods 

5 and Individuals To Eliminate Racial Profiling Act’’ or 

6 ‘‘UNITE Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 

9 (1) The overwhelming majority of Federal, 

10 State, and local law enforcement officers throughout 
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1 the Nation discharge their duties professionally and 

2 without bias. 

3 (2) A large majority of individuals subjected to 

4 traffic stops and other law enforcement activities 

5 based on race, ethnicity, or national origin are found 

6 to be law abiding, in which case racial profiling is 

7 not an effective means to uncover criminal activity. 

8 (3) Racial profiling violates the equal protection 

9 clause of the United States Constitution. 

10 (4) Using race, ethnicity, or national origin as 

11 a proxy for criminal suspicion violates the constitu12 tional requirement that police and other government 

13 officials accord to all citizens the equal protection of 

14 the law. Arlington Heights v. Metropolitan Housing 

15 Development Corporation, 429 U.S. 252 (1977). 

16 (5) Racial profiling fosters discord in commu17 nities. 

18 SEC. 3. DEFINITIONS. 

19 In this Act: 

20 (1) COVERED GRANT PROGRAM.—The term 

21 ‘‘covered grant program’’ means any grant program 

22 administered by the Department of Justice. 

23 (2) LAW ENFORCEMENT AGENCY.—The term 

24 ‘‘law enforcement agency’’ means a Federal, State, 

25 local, or Indian tribal public agency engaged in the 
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1 prevention, detection, or investigation of violations of 

2 criminal, immigration, or customs laws. 

3 (3) LAW ENFORCEMENT AGENT.—The term 

4 ‘‘law enforcement agent’’ means any Federal, State, 

5 local, or Indian tribal official responsible for enforc6 ing criminal, immigration, or customs laws, includ7 ing police officers and other agents of Federal, 

8 State, and local law enforcement agencies. 

9 (4) RACIAL PROFILING.—The term ‘‘racial 

10 profiling’’ means any police initiated action that re11 lies on the race, ethnicity, or national origin rather 

12 than the behavior of an individual or information 

13 that leads the police to a particular individual who 

14 has been identified as being, or having been, en15 gaged in criminal activity. 

16 (5) RACIAL PROFILING PLAN.—The term ‘‘ra17 cial profiling plan’’ means the plan developed and 

18 implemented by a State or local law enforcement 

19 agency in accordance with this Act. 

20 (6) TASK FORCE.—The term ‘‘Task Force’’ 

21 means the National Task Force on Racial Profiling 

22 established under section 201. 

23 SEC. 4. PROHIBITION ON RACIAL PROFILING. 

24 No Federal, State, or local law enforcement agent or 

25 agency shall engage in racial profiling. 
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1 SEC. 5. INTENT OF ACT. 

2 This Act does not and should not impede the ability 

3 of Federal, State, and local law enforcement to protect the 

4 country and its people from any threat, be it foreign or 

5 domestic, including matters of homeland security and the 

6 tracking and identification of terrorists organizations. 

7 TITLE I—PROGRAM TO ELIMI8 NATE RACIAL PROFILING BY 

9 FEDERAL LAW ENFORCE10 MENT AGENCIES 

11 SEC. 101. POLICIES TO ELIMINATE RACIAL PROFILING. 

12 (a) IN GENERAL.—Federal law enforcement agencies 

13 shall— 

14 (1) maintain adequate policies and procedures 

15 designed to eliminate racial profiling; and 

16 (2) cease existing practices that encourage ra17 cial profiling. 

18 (b) POLICIES.—The policies and procedures referred 

19 to in subsection (a) shall include— 

20 (1) a prohibition on racial profiling; 

21 (2) educational training on racial profiling 

22 issues as part of Federal law enforcement training; 

23 (3) procedures for receiving, investigating, and 

24 responding meaningfully to complaints alleging ra25 cial profiling by Federal law enforcement agents of 

26 the agency; and
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1 (4) procedures to discipline Federal law en2 forcement agents who engage in racial profiling. 

3 TITLE II—PROGRAM TO ELIMI4 NATE RACIAL PROFILING BY 

5 STATE AND LOCAL LAW EN6 FORCEMENT AGENCIES 

7 SEC. 201. NATIONAL TASK FORCE ON RACIAL PROFILING. 

8 (a) ESTABLISHMENT.—There is established within 

9 the Department of Justice, the National Task Force on 

10 Racial Profiling. 

11 (b) DUTIES.— 

12 (1) IN GENERAL.—The Task Force shall— 

13 (A) establish goals and objectives; 

14 (B) form subcommittees to conduct re15 search, host meetings, conferences, and sympo16 siums; 

17 (C) establish focus groups to accomplish 

18 the goals and objectives outlined by the Task 

19 Force.; and 

20 (D) oversee State-based administrative 

21 complaint procedures. 

22 (2) REPORT.—Not later than 6 months after 

23 the date of enactment of this Act, the Task Force 

24 shall, based on information from the subcommittees, 

25 hearings, and other reliable sources, prepare a com-
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1 prehensive report that outlines lessons learned and 

2 best practices, as well as recommendations for elimi3 nating racial profiling. 

4 (c) MEMBERSHIP.— 

5 (1) IN GENERAL.—The Task Force shall con6 sist of— 

7 (A) 1 member appointed by the President, 

8 subject to the approval of the Attorney General 

9 and the head of the Department of Justice Civil 

10 Rights division; 

11 (B) 1 member appointed by the Demo12 cratic leadership of the House of Representa13 tives and the Senate; 

14 (C) 1 member appointed by the Republican 

15 leadership of the House of Representatives and 

16 the Senate; and 

17 (D) 6 members appointed by the members 

18 appointed under subparagraphs (A), (B), and 

19 (C). 

20 (2) INTEREST CATEGORIES.—The 6 members 

21 appointed under paragraph (1)(D) shall represent 

22 and have expertise in each of the following cat23 egories: 

24 (A) Law enforcement. 

25 (B) Civil rights. 
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1 (C) Community or faith-based. 

2 (D) Government. 

3 (E) Political or legislative. 

4 (F) Professional research. 

5 (3) CHAIRPERSON.—The member appointed by 

6 the President shall serve as the chairperson of the 

7 Task Force and shall have a permanent office with 

8 the Department of Justice. 

9 (4) PERIOD OF APPOINTMENT.—Members of 

10 the Task Force shall serve 2-year terms, with the 

11 exception of the chairperson who shall serve a 4-year 

12 term. 

13 (5) VACANCIES.—Any vacancy in the Task 

14 Force shall not affect its powers, but shall be filled 

15 in the same manner as the original appointment. 

16 (d) RACIAL PROFILING EDUCATION AND AWARENESS

17 PROGRAM.— 

18 (1) IN GENERAL.—The Task Force shall estab19 lish an education and awareness program on racial 

20 profiling that includes information regarding the 

21 negative effects of racial profiling on individuals and 

22 law enforcement. 

23 (2) PURPOSES OF PROGRAM.—The purposes of 

24 the program established under paragraph (1) are 

25 to— 
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1 (A) encourage State and local law enforce2 ment agencies to cease existing practices that 

3 may promote racial profiling; 

4 (B) encourage involvement by State and 

5 local law enforcement agencies with the commu6 nity to address the problem of racial profiling; 

7 (C) assist State and local law enforcement 

8 agencies in developing and maintaining ade9 quate policies and procedures to prevent racial 

10 profiling; and 

11 (D) assist State and local law enforcement 

12 agencies in developing and implementing inter13 nal training programs to combat racial profiling 

14 and foster enhanced community relations. 

15 (3) AVAILABILITY.—The program established 

16 under paragraph (1) shall be offered— 

17 (A) to State and local law enforcement 

18 agencies; and 

19 (B) at various regional centers across the 

20 country to ensure that all law enforcement 

21 agencies have reasonable access to the program. 
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1 SEC. 202. PLAN TO ELIMINATE RACIAL PROFILING BY 

2 STATE AND LOCAL LAW ENFORCEMENT 

3 AGENCIES. 

4 (a) PLAN REQUIRED FOR GRANTS.—Not later than 

5 12 months after the date of enactment of this Act, each 

6 State and local law enforcement agency that desires funds 

7 under a covered grant program shall include, with its ap8 plication for funds, certification that such agency is devel9 oping and is in the process of implementing a plan— 

10 (1) to maintain adequate policies and proce11 dures designed to eliminate racial profiling; and 

12 (2) that meets the requirements of subsection 

13 (b). 

14 (b) PLAN REQUIREMENTS.— 

15 (1) IN GENERAL.—To meet the requirements of 

16 this subsection, a plan shall— 

17 (A) strictly prohibit law enforcement 

18 agents from engaging in racial profiling; 

19 (B) provide information to the public relat20 ing to the State-based administrative complaint 

21 procedures in section 203; 

22 (C) require appropriate action to be taken 

23 against any law enforcement agent who, after 

24 an investigation, is proven to have engaged in 

25 racial profiling in violation of the agency’s plan; 

26 and
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1 (D) include educational training on racial 

2 profiling issues as part of law enforcement 

3 training. 

4 (c) IMPLEMENTATION OF PLAN.—Not later than 24 

5 months after the date of enactment of this Act, each State 

6 and local law enforcement agency that submitted the cer7 tification described in subsection (a) shall certify to the 

8 Attorney General that the plan implemented by the agency 

9 meets the requirements of subsection (b). 

10 (d) PLAN REVISIONS.— 

11 (1) IN GENERAL.—Any revisions to a racial 

12 profiling plan that is developed and implemented by 

13 a State or local law enforcement agency in accord14 ance with this title must be submitted to the Attor15 ney General for review. 

16 (2) REVIEW.—The Attorney General may, at 

17 the Attorney General’s discretion, determine that a 

18 State or local law enforcement agency is not in com19 pliance with the requirements of subsection (b). 

20 (e) COMPLIANCE.—At any time during the implemen21 tation or revision of an agency’s racial profiling plan, the 

22 Attorney General may, if the Attorney General determines 

23 that the agency or the plan has not met the requirements 

24 of this section— 
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1 (1) make recommendations to the State or local 

2 law enforcement agency to assist the agency in de3 veloping a plan that complies with this title; or 

4 (2) withhold the grant that the agency desires, 

5 in whole or in part, until the agency establishes com6 pliance. 

7 SEC. 203. STATE-BASED ADMINISTRATIVE COMPLAINT PRO8 CEDURES. 

9 (a) ESTABLISHMENT OF GRIEVANCE PROCE10 DURES.—A State that desires funding under a covered 

11 grant program shall establish and maintain State-based 

12 administrative complaint procedures that meet the re13 quirements of subsection (b). 

14 (b) REQUIREMENTS.—To meet the requirements of 

15 this subsection, complaint procedures shall— 

16 (1) be uniform and nondiscriminatory; 

17 (2) allow any person who believes there has 

18 been a violation of section 4 to file a complaint; 

19 (3) provide that a complaint be sworn in writ20 ing, signed by the person filing the complaint, and 

21 notarized; 

22 (4) allow the State to consolidate complaints 

23 filed under paragraph (2); 

24 (5) provide that a hearing may be held, on 

25 record, at the request of the complainant; 
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1 (6) provide the appropriate remedy if the State 

2 determines that a violation of section 4 has oc3 curred; 

4 (7) provide that the State shall dismiss the 

5 complaint and publish the results of the procedures 

6 if the State determines that no violation of section 

7 4 occurred; 

8 (8) provide that the State shall make a final de9 termination with respect to a complaint prior to the 

10 expiration of the 90-day period which begins on the 

11 date the complaint is filed, unless the complainant 

12 consents to a longer period for making such a deter13 mination; 

14 (9) provide that if the State fails to meet the 

15 deadline applicable under paragraph (8), the com16 plaint shall be resolved within 60 days under alter17 native dispute resolution procedures established pur18 suant to this section; 

19 (10) provide that the record and other mate20 rials from any proceedings conducted under the com21 plaint procedures established by this section shall be 

22 made available for use under the alternative dispute 

23 resolution procedures; and 

24 (11) provide a record of all complaints and pro25 ceedings to the Task Force. 
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1 (c) INVOLVEMENT OF ATTORNEY GENERAL.—If the 

2 Task Force makes the determination that any State or 

3 local law enforcement agency or individual law enforce4 ment agent receives a number of complaints to indicate 

5 possible noncompliance with this Act, the complaints shall 

6 be referred to the Attorney General for further investiga7 tion in accordance with procedures established by the At8 torney General. 

9 TITLE III—GRANT PROGRAM TO 

10 ELIMINATE RACIAL PROFILING 

11 SEC. 301. GRANT PROGRAM. 

12 (a) GRANTS AUTHORIZED.—The Attorney General, 

13 through the Bureau of Justice Assistance, may make 

14 grants to State and local law enforcement agencies to as15 sist such agencies in developing programs to eliminate ra16 cial profiling. 

17 (b) USE OF FUNDS.—Grants awarded pursuant to 

18 subsection (a) shall be used by State and local law enforce19 ment agencies to— 

20 (1) develop and implement plans to eliminate 

21 racial profiling in accordance with section 202; and 

22 (2) establish and maintain administrative com23 plaint procedures for racial profiling complaints in 

24 accordance with section 203. 
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1 (c) APPLICATION.—Each State or local law enforce2 ment agency desiring a grant under this section shall sub3 mit an application to the Attorney General at such time, 

4 in such manner, and accompanied by such information as 

5 the Attorney General may reasonably require. 

6 TITLE IV—AUTHORIZATION OF 

7 APPROPRIATIONS 

8 SEC. 401. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated such sums 

10 as are necessary to carry out this Act.

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