Program Purpose

Section 1906 of SAFETEA-LU establishes a new grant program available to encourage States to enact and enforce a law that prohibits the use of racial profiling in highway law enforcement, and to maintain and allow public inspection of statistical information for each motor vehicle stop in the State regarding the race and ethnicity of the driver and any passengers.

Eligibility

The 50 states, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the North Mariana Islands are eligible to receive Section 1906 grant funds.

States are eligible to receive grants under this section two ways: 1) by enacting and enforcing a law that prohibits a State or local law enforcement officer from using the race or ethnicity of a driver to any degree in making routine or spontaneous law enforcement decisions, such as traffic stops, on Federal-aid highways (which include all public roads except local and minor rural roads); and by 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 law enforcement officers; or 2) by providing satisfactory assurances to the Secretary that the State is undertaking activities that will lead to compliance with Section 1906.

A State may not receive a grant for more than 2 fiscal years if it is qualifying for the grant only by providing assurances to the Secretary that it is undertaking activities to comply.

Funding

Authorizes $37.5 million over 5 years. The amount of funding to each State each year may not exceed 5 percent of the amount made available to carry out this section in the fiscal year. The Federal share of the cost of activities carried out using Section 1906 funds is 80%.

States may use the grants 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 training.

Program Administration

The National Highway Traffic Safety Administration will administer this program.