Sec. 313. Confronting anti-Asian racism in the United States
406 words·~2 min read·
/bill/116/s/4629/is/section-313A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It is the sense of Congress that— in the wake of the COVID–19 pandemic, the United States has seen an alarming rise in the number of incidents of hate crimes, harassment, and discrimination targeted at the Asian American community; the United States should actively oppose racism and intolerance in all its forms, including within the Government of the United States, by refraining from using unofficial terms for COVID–19 that exacerbate prejudice and discrimination, such as Chinese virus and Wuhan virus ; and the United States is strongest when it lives up to its guiding principles, including the embrace of equality and diversity.
In this subsection: The term Federal law enforcement agency means any agency of the United States authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of Federal criminal law. The term racial profiling means the practice of a law enforcement agent or agency relying, to any degree, on actual or perceived race, ethnicity, national origin, religion, gender, gender identity, or sexual orientation in selecting which individual to subject to routine or spontaneous investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial investigatory procedure, except when there is trustworthy information, relevant to the locality and timeframe, that links a person with a particular characteristic described in this paragraph to an identified criminal incident or scheme.
For purposes of clause (i), a Tribal law enforcement officer exercising law enforcement authority within Indian country, as that term is defined in section 1151 of title 18, United States Code, is not considered to be racial profiling with respect to making key jurisdictional determinations that are necessarily tied to reliance on actual or perceived race, ethnicity, or tribal affiliation. The head of each Federal law enforcement agency shall— maintain adequate policies and procedures designed to eliminate racial profiling; and cease any practices in effect on the date of enactment of this Act that authorize racial profiling.
The policies and procedures described in paragraph (2)(A) shall include— a prohibition on racial profiling; training on racial profiling issues as part of Federal law enforcement training; the collection of data in accordance with the regulations issued by the Attorney General; procedures for receiving, investigating, and responding meaningfully to complaints alleging racial profiling by law enforcement agents; and any other policies and procedures the Attorney General determines to be necessary to eliminate racial profiling by Federal law enforcement agencies.