The Honorable Anthony Foxx
Secretary
U.S. Department of Transportation
1200 New Jersey Ave, SE
Washington, DC 20590
Dear Secretary Foxx:
As you know, racial profiling by law enforcement during traffic stops and on the streets has risen to become an important national issue. Last month, the President's Task Force on 21st Century Policing released its interim report and Department of Justice released its report on its investigation of the Ferguson Police Department, both of which include suggested reforms for local policing. The U.S. Supreme Court has found that profiling based on physical appearance on highways violates equal protection laws. With so many federal dollars flowing to the states for highway projects, the U.S. Department of Transportation (DOT) has a role to play in enforcing the federal laws prohibiting racial profiling.
Citing the 14th Amendment and Title VI of the 1964 Civil Rights Act, last June, I offered an amendment to the House fiscal year 2015 Transportation, Housing and Urban Development Appropriations bill to prohibit states that receive federal transportation funding from engaging in racial profiling based on physical characteristics, such as race. My amendment passed unanimously, by voice vote, and was ultimately included in the fiscal year 2015 omnibus appropriations bill, which was signed into law by the President in December. The text of the amendment was simple, specifically providing that none of the funds in the transportation title could be used in contravention of the Fifth or Fourteenth Amendments to the U.S. Constitution or Title VI of the Civil Rights Act of 1964. I am enclosing the text as well as my floor statement.
Unfortunately, there is almost no public knowledge of the amendment. I am writing to inquire how DOT proposes to implement this provision and to suggest that the agency draft new regulations or take other appropriate action based on the amendment. The issue of racial profiling has stirred demonstrations across the country. Without action by DOT, law enforcement and the public are not appropriately informed of the new law.
I would appreciate a response within 30 days concerning what action you think would be appropriate.
Sincerely,
Eleanor Holmes Norton