Congressional concern over racial profiling erupted in the 105th Congress after anecdotal and statistical evidence demonstrated its likely wide spread use. The practice of discriminatory use of racial profiles in traffic stops by law enforcement came as a surprise to many but highly conjectured about in communities of color throughout the nation. Court decisions finding and addressing these issues were successful waged in a number of jurisdictions, but resulted in a spotty network of data collection programs in several regions. A national study of the incidence of this type of discrimination was called for by legal experts, law enforcement and attorneys.

Legislation to create a national data collection system with public access to the collected information began in the 105th. In 2000, then-Presidential candidate George W. Bush announced his support for data collections and his opposition to racial profiling in routine traffic stops. In 2001, Attorney General John Ashcroft issued a letter supporting proposals to create a national program of data collection.

In June 2003, the Justice Department released its "Guidance Regarding the Use of Race by Federal Law Enforcement Agencies." The stated objective of this directive was to ban discriminatory racial profiling by federal officers, with an exception for "national security" purposes.

In 2005, HR 3, the SAFETEA-LU (also known as the 2005 Highway Bill), contained a grant program to allow states to use federal funds for existing and developing racial profiling data collection efforts.

Legislation creating a grant program for states to assist in data collection programs documenting racial profiling in the conduct of traffic stops was signed into law by President Bush in August 2005. States that have enacted and are enforcing a law that prohibits the use of racial profiling in on Federal-aid highways that allow for public inspections of the statistical information on race, ethnicity for each traffic stop are eligible for the grants. Other states must make a showing to the Secretary of the Department of Transportation to prove eligibility. For more information, please see Incentive Grant Program To Prohibit Racial Profiling, 71 Fed. Reg. 5727-5729 (PDF).

The ABA assisted state and local bar associations in encouraging their states to apply for these funds to enhance programs to collect and publicize statistical information regarding the use of racial and ethnic profiling in traffic stops. The deadline for this first year was July 1, 2006.

• Bias-based profiling by law enforcement poses a threat to both the rights and safety of individuals traveling our nation's roadways and the effective enforcement of our nation's health and safety laws.
• Public confidence in our justice system is being eroded by the belief that law enforcement officials use racial profiling during routine traffic stops and other law enforcement activities, including antiterrorism efforts.

The ABA endorses legal remedies and voluntary actions that take into account as factors race, national origin, or gender to eliminate or prevent discrimination, including the collection of data to determine the extent to which racial or ethnic profiling is misused by law enforcement to enforce traffic laws.