I

107TH CONGRESS

1ST SESSION H. R. 965

To amend title 23, United States Code, to require States to adopt and

enforce standards that prohibit the use of racial profiling in the enforcement of State laws regulating the use of Federal-aid highways.

IN THE HOUSE OF REPRESENTATIVES

MARCH 8, 2001

Ms. NORTON introduced the following bill; which was referred to the

Committee on Transportation and Infrastructure

A BILL

To amend title 23, United States Code, to require States

to adopt and enforce standards that prohibit the use

of racial profiling in the enforcement of State laws regulating the use of Federal-aid highways.

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 ‘‘Racial Profiling Prohi5 bition Act of 2001’’.
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1 SEC. 2. PROHIBITION ON USE OF RACIAL PROFILING.

2 (a) IN GENERAL.—Subchapter I of chapter 1 of title

3 23, United States Code, is amended by adding at the end

4 the following:

5 ‘‘§ 165. Prohibition on use of racial profiling

6 ‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR NON7 COMPLIANCE.—

8 ‘‘(1) FISCAL YEAR 2004.—The Secretary shall

9 withhold 5 percent of the amount required to be ap10 portioned to any State under each of paragraphs

11 (1), (3), and (4) of section 104(b) on October 1,

12 2003, if the State does not meet the requirement of

13 paragraph (3) on that date.

14 ‘‘(2) THEREAFTER.—The Secretary shall with15 hold 10 percent of the amount required to be appor16 tioned to any State under each of paragraphs (1),

17 (3), and (4) of section 104(b) on October 1, 2004,

18 and on October 1 of each fiscal year thereafter, if

19 the State does not meet the requirement of para20 graph (3) on that date.

21 ‘‘(3) REQUIREMENT.—A State meets the re22 quirement of this paragraph if the State has adopted

23 and is enforcing standards that prohibit the use of

24 racial profiling in the enforcement of State laws reg25 ulating the use of Federal-aid highways.
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1 ‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLI2 ANCE AND NONCOMPLIANCE.—

3 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

4 FUNDS.—

5 ‘‘(A) FUNDS WITHHELD ON OR BEFORE

6 SEPTEMBER 30, 2005.—Any funds withheld

7 under subsection (a) from apportionment to any

8 State on or before September 30, 2005, shall

9 remain available until the end of the third fiscal

10 year following the fiscal year for which the

11 funds are authorized to be appropriated.

12 ‘‘(B) FUNDS WITHHELD AFTER SEP13 TEMBER 30, 2005.—No funds withheld under

14 this section from apportionment to any State

15 after September 30, 2005, shall be available for

16 apportionment to the State.

17 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

18 AFTER COMPLIANCE.—If, before the last day of the

19 period for which funds withheld under subsection (a)

20 from apportionment are to remain available for ap21 portionment to a State under paragraph (1), the

22 State meets the requirement of subsection (a)(3),

23 the Secretary shall, on the first day on which the

24 State meets the requirement, apportion to the State
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1 the funds withheld under subsection (a) that remain

2 available for apportionment to the State.

3 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE4 QUENTLY APPORTIONED FUNDS.—Any funds appor5 tioned pursuant to paragraph (2) shall remain avail6 able for expenditure until the end of the third fiscal

7 year following the fiscal year in which the funds are

8 so apportioned. Sums not obligated at the end of

9 that period shall lapse.

10 ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the

11 end of the period for which funds withheld under

12 subsection (a) from apportionment are available for

13 apportionment to a State under paragraph (1), the

14 State does not meet the requirement of subsection

15 (a)(3), the funds shall lapse.’’.

16 (b) CONFORMING AMENDMENT.—The analysis for

17 subchapter I of chapter 1 of title 23, United States Code,

18 is amended by adding at the end the following:

‘‘165. Prohibition on use of racial profiling.’’.

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