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 enforce-
ment 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 Illi-
nois, 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. THOMP-
SON 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 regu-
lating the use of Federal-aid highways, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Racial Profiling Prohi-
bition Act of 2001’’.
SEC. 2. PROHIBITION ON USE OF RACIAL PROFILING.
(a) IN GENERAL.—Subchapter I of chapter 1 of title
23, United States Code, is amended by adding at the end
the following:
‘‘§ 165. Prohibition on use of racial profiling
‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR NON-
COMPLIANCE.—
‘‘(1) FISCAL YEAR 2004.—The Secretary shall
withhold 5 percent of the amount required to be ap-
portioned to any State under each of paragraphs
(1), (3), and (4) of section 104(b) on October 1,
2003, if the State does not meet the requirement of
paragraph (3) on that date.
‘‘(2) THEREAFTER.—The Secretary shall with-
hold 10 percent of the amount required to be appor-
tioned to any State under each of paragraphs (1),
(3), and (4) of section 104(b) on October 1, 2004,
and on October 1 of each fiscal year thereafter, if
the State does not meet the requirement of para-
graph (3) on that date.
‘‘(3) REQUIREMENT.—A State meets the re-
quirement of this paragraph if—
‘‘(A) the State has adopted and is enforc-
ing standards that prohibit the use of racial
profiling in the enforcement of State laws regu-
lating the use of Federal-aid highways; and
‘‘(B) the State is maintaining and allows
public inspection of statistical information on
each motor vehicle stop made by a law enforce-
ment officer on a Federal-aid highway in the
State, including—
‘‘(i) the name and identification num-
ber of the law enforcement officer making
the stop;
‘‘(ii) the characteristics of (but not
the identity of) the driver who is subject to
the stop and any passengers of the driver,
including the race, national origin, and
ethnic origin of the driver and any pas-
sengers;
‘‘(iii) the traffic infraction involved;
‘‘(iv) whether a search was initiated
as a result of the stop and, if a search was
initiated, the legal basis for and results of
the search; and
‘‘(v) whether the stop resulted in a
warning, citation, or arrest.
‘‘(4) RACIAL PROFILING DEFINED.—
‘‘(A) IN GENERAL.—In this subsection, the
term ‘racial profiling’ means the consideration
by a law enforcement officer in any fashion and
to any degree of the race, national, or ethnic or-
igin of drivers or passengers in deciding which
vehicles to subject to a motor vehicle stop or in
deciding upon the scope or substance of any en-
forcement action or procedure in connection
with or during the course of a motor vehicle
stop.
‘‘(B) EXCEPTION.—In deciding to detain,
apprehend, or otherwise be on the lookout for
1 or more suspects who have been identified or
described in part by race, national origin, or
ethnic origin, a law enforcement officer may
rely in part on race, national origin, or ethnic
origin, together with other physically descriptive
characteristics, in determining whether reason-
able suspicion exists that a given individual is
the individual being sought.
‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLI-
ANCE AND NONCOMPLIANCE.—
‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD
FUNDS.—
‘‘(A) FUNDS WITHHELD ON OR BEFORE
SEPTEMBER
30, 
2005.—Any funds withheld
under subsection (a) from apportionment to any
State on or before September 30, 2005, shall
remain available until the end of the third fiscal
year following the fiscal year for which the
funds are authorized to be appropriated.
‘‘(B) FUNDS
WITHHELD
AFTER
SEP-
TEMBER
30, 2005.—No funds withheld under
this section from apportionment to any State
after September 30, 2005, shall be available for
apportionment to the State.
‘‘(2) APPORTIONMENT
OF
WITHHELD
FUNDS
AFTER COMPLIANCE.—If, before the last day of the
period for which funds withheld under subsection (a)
from apportionment are to remain available for ap-
portionment to a State under paragraph (1), the
State meets the requirement of subsection (a)(3),
the Secretary shall, on the first day on which the
State meets the requirement, apportion to the State
the funds withheld under subsection (a) that remain
available for apportionment to the State.
‘‘(3) PERIOD
OF
AVAILABILITY
OF
SUBSE-
QUENTLY APPORTIONED FUNDS.—Any funds appor-
tioned pursuant to paragraph (2) shall remain avail-
able for expenditure until the end of the third fiscal
year following the fiscal year in which the funds are
so apportioned. Sums not obligated at the end of
that period shall lapse.
‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the
end of the period for which funds withheld under
subsection (a) from apportionment are available for
apportionment to a State under paragraph (1), the
State does not meet the requirement of subsection
(a)(3), the funds shall lapse.’’.
(b) CONFORMING AMENDMENT.—The analysis for
subchapter I of chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
‘‘165. Prohibition on use of racial profiling.’’.
Æ