HR 1907 IH

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.

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

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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Racial Profiling Prohibition 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:

`Sec. 165. Prohibition on use of racial profiling

`(a) WITHHOLDING OF APPORTIONMENTS FOR NONCOMPLIANCE-

`(1) FISCAL YEAR 2004- The Secretary shall withhold 5 percent of the amount required to be apportioned 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 withhold 10 percent of the amount required to be apportioned 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 paragraph (3) on that date.

`(3) REQUIREMENT- A State meets the requirement of this paragraph if--

`(A) the State has adopted and is enforcing standards that prohibit the use of racial profiling in the enforcement of State laws regulating 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 enforcement officer on a Federal-aid highway in the State, including--

`(i) the name and identification number 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 passengers;

`(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 origin 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 enforcement 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 reasonable suspicion exists that a given individual is the individual being sought.

`(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLIANCE 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 SEPTEMBER 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 apportionment 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 SUBSEQUENTLY APPORTIONED FUNDS- Any funds apportioned pursuant to paragraph (2) shall remain available 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.'.

END