I

107TH CONGRESS

1ST SESSION H. R. 1907

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, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 17, 2001

Ms. NORTON (for herself, Mr. ACEVEDO-VILA ́, Mr. BACA, Mr. BISHOP, Ms.

BROWN of Florida, Ms. CARSON of Indiana, Mrs. CHRISTENSEN, Mr.

CLAY, Mrs. CLAYTON, Mr. CLYBURN, Mr. CUMMINGS, Mr. DAVIS of Illinois, Mr. FATTAH, Mr. FORD, Mr. HASTINGS of Florida, Mr. HILLIARD,

Mr. JACKSON of Illinois, Ms. JACKSON-LEE of Texas, Mr. JEFFERSON,

Ms. EDDIE BERNICE JOHNSON of Texas, Ms. KILPATRICK, Ms. LEE, Mr.

LEWIS of Georgia, Ms. MCKINNEY, Mrs. MEEK of Florida, Mr. MEEKS

of New York, Mr. MENENDEZ, Ms. MILLENDER-MCDONALD, Mr.

OWENS, Mr. PAYNE, Mr. RANGEL, Mr. RUSH, Mr. SCOTT, Mr. THOMPSON of Mississippi, Mr. TOWNS, Mrs. JONES of Ohio, Mr. UNDERWOOD,

Ms. WATERS, Mr. WATT of North Carolina, and Mr. WYNN) 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, and for other

purposes.

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

2 This Act may be cited as the ‘‘Racial Profiling Prohi3 bition Act of 2001’’.

4 SEC. 2. PROHIBITION ON USE OF RACIAL PROFILING.

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

6 23, United States Code, is amended by adding at the end

7 the following:

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

9 ‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR NON10 COMPLIANCE.—

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

12 withhold 5 percent of the amount required to be ap13 portioned to any State under each of paragraphs

14 (1), (3), and (4) of section 104(b) on October 1,

15 2003, if the State does not meet the requirement of

16 paragraph (3) on that date.

17 ‘‘(2) THEREAFTER.—The Secretary shall with18 hold 10 percent of the amount required to be appor19 tioned to any State under each of paragraphs (1),

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

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

22 the State does not meet the requirement of para23 graph (3) on that date.

24 ‘‘(3) REQUIREMENT.—A State meets the re25 quirement of this paragraph if—
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1 ‘‘(A) the State has adopted and is enforc2 ing standards that prohibit the use of racial

3 profiling in the enforcement of State laws regu4 lating the use of Federal-aid highways; and

5 ‘‘(B) the State is maintaining and allows

6 public inspection of statistical information on

7 each motor vehicle stop made by a law enforce8 ment officer on a Federal-aid highway in the

9 State, including—

10 ‘‘(i) the name and identification num11 ber of the law enforcement officer making

12 the stop;

13 ‘‘(ii) the characteristics of (but not

14 the identity of) the driver who is subject to

15 the stop and any passengers of the driver,

16 including the race, national origin, and

17 ethnic origin of the driver and any pas18 sengers;

19 ‘‘(iii) the traffic infraction involved;

20 ‘‘(iv) whether a search was initiated

21 as a result of the stop and, if a search was

22 initiated, the legal basis for and results of

23 the search; and

24 ‘‘(v) whether the stop resulted in a

25 warning, citation, or arrest.
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1 ‘‘(4) RACIAL PROFILING DEFINED.—

2 ‘‘(A) IN GENERAL.—In this subsection, the

3 term ‘racial profiling’ means the consideration

4 by a law enforcement officer in any fashion and

5 to any degree of the race, national, or ethnic or6 igin of drivers or passengers in deciding which

7 vehicles to subject to a motor vehicle stop or in

8 deciding upon the scope or substance of any en9 forcement action or procedure in connection

10 with or during the course of a motor vehicle

11 stop.

12 ‘‘(B) EXCEPTION.—In deciding to detain,

13 apprehend, or otherwise be on the lookout for

14 1 or more suspects who have been identified or

15 described in part by race, national origin, or

16 ethnic origin, a law enforcement officer may

17 rely in part on race, national origin, or ethnic

18 origin, together with other physically descriptive

19 characteristics, in determining whether reason20 able suspicion exists that a given individual is

21 the individual being sought.

22 ‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLI23 ANCE AND NONCOMPLIANCE.—

24 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

25 FUNDS.—
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1 ‘‘(A) FUNDS WITHHELD ON OR BEFORE

2 SEPTEMBER 30, 2005.—Any funds withheld

3 under subsection (a) from apportionment to any

4 State on or before September 30, 2005, shall

5 remain available until the end of the third fiscal

6 year following the fiscal year for which the

7 funds are authorized to be appropriated.

8 ‘‘(B) FUNDS WITHHELD AFTER SEP9 TEMBER 30, 2005.—No funds withheld under

10 this section from apportionment to any State

11 after September 30, 2005, shall be available for

12 apportionment to the State.

13 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

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

15 period for which funds withheld under subsection (a)

16 from apportionment are to remain available for ap17 portionment to a State under paragraph (1), the

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

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

20 State meets the requirement, apportion to the State

21 the funds withheld under subsection (a) that remain

22 available for apportionment to the State.

23 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE24 QUENTLY APPORTIONED FUNDS.—Any funds appor25 tioned pursuant to paragraph (2) shall remain avail-
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1 able for expenditure until the end of the third fiscal

2 year following the fiscal year in which the funds are

3 so apportioned. Sums not obligated at the end of

4 that period shall lapse.

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

6 end of the period for which funds withheld under

7 subsection (a) from apportionment are available for

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

9 State does not meet the requirement of subsection

10 (a)(3), the funds shall lapse.’’.

11 (b) CONFORMING AMENDMENT.—The analysis for

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

13 is amended by adding at the end the following:

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

Æ