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| 20.611 INCENTIVE GRANT PROGRAM TO PROHIBIT RACIAL PROFILING |
| (Section 1906) |
| FEDERAL AGENCY |
| NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA), DEPARTMENT OF TRANSPORTATION |
| AUTHORIZATION |
| Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2005, Section 1906, Pub. L.109-59, as amended, 23 U.S.C. 402. |
| OBJECTIVES |
| Encourage States to enact and enforce laws that prohibit the use of racial profiling in the enforcement of traffic laws on Federal-aid highways, and to maintain and allow public inspection of statistics on motor vehicle stops. |
| TYPES OF ASSISTANCE |
| Project Grants. |
| USES AND USE RESTRICTIONS |
| Incentive grant funds are available to States to enact and enforce laws to prohibit racial profiling, in compliance with the following established criteria. Law States may use Section 1906 grant funds for: collecting and maintaining data on traffic stops; evaluating the results of such data; and developing and implementing programs to reduce the occurrence of racial profiling, including programs to train law enforcement officers. Assurances States may use Section 1906 grant funds for: funding activities to prohibit racial profiling in the enforcement of State laws regulating the use of Federal-aid highways; collecting, maintaining and providing public access to traffic stop data; evaluating the results of such data; and developing and implementing programs to reduce the occurrence of racial profiling, including programs to train law enforcement officers. A State may not receive a grant for more than two fiscal years if it is qualifying for the grant as an Assurances State. |
| Applicant Eligibility |
| This Grant is available to the 50 states, the District of Columbia, Puerto Rico, the Virgin Islands, Guam American Samoa, and the Commonwealth of the Northern Mariana Islands. |
| Beneficiary Eligibility |
| State Highway Safety agencies. |
| Credentials/Documentation |
| A State submits certification that it meets eligibility requirements; after being informed by NHTSA that it is eligible for a grant, the State submits to the agency a plan that describes the programs the State will implement using the funds. |
| Preapplication Coordination |
| Program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review. |
| Application Procedure |
| All certifications must be submitted by July 1. To apply for grant funds in a fiscal year, a Law State must submit the certification required by Federal Register, Vol. 71, No. 22, Thursday, February 2, 2006, Appendix 1 and an Assurances State must submit the certification required by Federal Register, Vol. 71, No. 22, Thursday, February 2, 2006, Appendix 2, signed by the Governor's Representative for Highway Safety, to the appropriate NHTSA Regional Administrator. |
| Award Procedure |
| A State submits certification that it meets eligibility requirements; after being informed by NHTSA that it is eligible for a grant, the State submits to the agency a plan that describes the programs the State will implement using the funds. Federal share is reimbursed on claims submitted in vouchers covering costs incurred. All participants have converted to the Electronic Transfer of Funds method. Funds placed in obligation are available until expended. |
| Deadlines |
| Applications must be received by the appropriate NHTSA Regional Office on or before July 1 of the fiscal year for which a State seeks a grant. |
| Range of Approval/Disapproval Time |
| Applicant should receive a response, from the agency, between 30 to 90 days. |
| Appeals |
| Not applicable. |
| Renewals |
| Certifications must be submitted each year; however, a State may not receive a grant for more than two fiscal years if it is qualifying for the grant as an Assurances State. |
| Formula and Matching Requirements |
| As stated in the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2005, Section 1906, Pub. L.109-59, as amended, 23 U.S.C. 402; States qualifying for a grant will receive an amount determined by multiplying the amount available for awards under the Section 1906 Program in a fiscal year by the ratio that the funds apportioned to the State under Section 402 for that fiscal year bears to the funds apportioned to all eligible States under Section 402 for that fiscal year, up to a maximum award of 5 percent of the amount made available to carry out Section 1906 in that fiscal year. The Federal share of programs funded under this section shall not exceed 80 percent. |
| Length and Time Phasing of Assistance |
| Federal share is reimbursed on claims submitted in vouchers covering costs incurred. All participants have converted to the Electronic Transfer of Funds method. Funds placed in obligation are available until expended. |
| Reports |
| The Annual Report required under the Section 402 State and Community Highway Safety formula grant program must include a progress report on the prior year's program and accomplishments. |
| Audits |
| In accordance with the provisions of OMB Circular No. A- 133, "Audits of State and Local Governments, and Nonprofit Organizations," nonfederal entities (including universities) that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, with certain exceptions as Stated in OMB Circular No. A-133. For direct procurement contracts, audits will be conducted in accordance with the Federal Acquisition Regulations. |
| Records |
| Project sponsor shall retain records for 3 years following submission of a final expenditure report and other project deliverables, all project contract documents, financial records, and supporting documents pending resolution of audit findings. |
| Account Identification |
| 69-8020-0-7-401. |
| Obligations |
| (Grants) FY 07 $8,613,632; FY 08 est $7,500,000; and FY 09 $7,500,000. |
| Range and Average of Financial Assistance |
| FY 07 Average award $538,352. |
| PROGRAM ACCOMPLISHMENTS |
| In FY 2007, 16 States received Section 1906 grants. |
| REGULATIONS, GUIDELINES, AND LITERATURE |
| Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2005, Section 1906, Pub. L.109-59, as amended, 23 U.S.C. 402. Federal Register, Vol. 71, No. 22, Thursday, February 2, 2006. |
| Regional or Local Office |
| See Appendix IV of the Catalog for the addresses of the Regional Offices of the National Highway Traffic Safety Administration. |
| Headquarters Office |
| For program issues, Tamara Webster, Office of Regional Operations and Program Delivery (NTI- 200), NHTSA, 1200 New Jersey Avenue, S.E., Washington, DC 20590, by telephone at (202) 366-0543 or by E-mail at tamara.webster@dot.gov. For legal issues, Dana Sade, Office of Chief Counsel, NCC-113, NHTSA, 1200 New Jersey Avenue, S.E., Washington, DC 20590, by telephone at (202) 366-1834 or by email at dana.sade@nhtsa.dot.gov. |
| Web Site Address |
| http://webster.nhtsa.dot.gov |
| RELATED PROGRAMS |
| None. |
| EXAMPLES OF FUNDED PROJECTS |
| The Incentive Grant Program to Prohibit Racial Profiling provides funding for the following projects: collecting, maintaining and providing public access to traffic stop data; evaluating the results of such data; and developing and implementing programs to reduce the occurrence of racial profiling, including programs to train law enforcement officers. |
| CRITERIA FOR SELECTING PROPOSALS |
| SAFETEA-LU provides that a State may qualify for a grant under the Section 1906 Program in one of two ways: (a) by enacting and enforcing a law that prohibits the use of racial profiling in the enforcement of State laws regulating the use of Federal-aid highways and maintaining and allowing public inspection of statistical information on the race and ethnicity of the driver and any passengers for each such motor vehicle stop made by a law enforcement officer on a Federal-aid highway (a Law State); or (b) by providing satisfactory assurances to the Secretary that the State is undertaking activities to prohibit racial profiling and to maintain and provide public access to data on the race and ethnicity of the driver and passengers for each motor vehicle stop made by a law enforcement officer on a Federal-aid highway (an Assurances State). |
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General Services Administration Office of Chief Acquisition Officer Regulatory and Federal Assistance Division (VIR) |
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