At a press conference on June 6, 2001, Senators Russ Feingold (D-WI), Jon Corzine (D-NJ), Hillary Rodham Clinton (D-NY), and Representatives John Conyers (D-MI), Chris Shays (R-CT) and David Wu (D-OR), along with members of the law enforcement and civil rights communities announced the introduction of the "End Racial Profiling Act of 2001"(S. 989/H.R. 2074). This bipartisan legislation bans racial profiling and requires federal, state and local law enforcement agencies to take steps to eliminate the practice. The bill currently has 15 cosponsors in the Senate and 90 cosponsors in the House.
Sen. Feingold said, "President Bush and Attorney General Ashcroft have said racial profiling is wrong and should end in America. Our bill reflects this new political reality: Both Republicans and Democrats can agree that racial profiling is wrong and should end. It is now time to move beyond studying whether racial profiling exists. We know it exists. Now, Congress should take the right steps to end it and protect the civil rights of all Americans to walk or travel free of discrimination."
The bill authorizes the Attorney General to provide incentive grants to assist agencies in complying with this act and conditions federal funds to state and local law enforcement agencies on their compliance with certain requirements. They must:
- adopt policies prohibiting racial profiling;
- implement complaint procedures to respond effectively to complaints of racial profiling;
- implement disciplinary procedures for officers who engage in the practice; and
- collect data on routine investigatory activities like traffic and pedestrian stops.
"Let us be clear," said Sen. Corzine, "this bill is not about blaming law enforcement, and it is not designed to prevent law enforcement from doing its job. In fact, we believe that it will help our officers maintain the public trust they need to do their jobs."
Rep. Conyers said, "Since I first introduced this kind of legislation the pervasive nature of racial profiling has gone from anecdote and theory to established and documented fact." He cited data from nine states that show blacks and Latinos were disproportionately pulled over for traffic stops at a higher rate than whites.
"The practice of using race as a criterion in law enforcement flies in the face of progress we have made toward racial equality and must be stopped. The End Racial Profiling Act reaffirms our commitment to judge individuals by their actions, not by the color of their skin," said Rep. Shays.
In the House, the bill was referred to the Committee on the Judiciary then to the Subcommittee on Crime, where it awaits further action. In the Senate, the bill was referred to the Committee on the Judiciary Subcommittee on Constitution, Federalism, and Property Rights, where it also awaits further action.
On Feb. 27, 2002 the majority of the Senate and House co-sponsors of the bill sent a letter to President Bush urging him to honor the pledge he made last year to end racial profiling, and asking that he work with them in enacting legislation this year. The letter sought a meeting with Bush administration officials by mid-March. No meeting had been scheduled as of the printing of this report.
