[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1907 Introduced in House (IH)]







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.

    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.''.
                                 <all>