[Federal Register Volume 71, Number 22 (Thursday, February 2, 2006)]
[Notices]
[Pages 5727-5729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1427]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[NHTSA-2006-23772]


Incentive Grant Program To Prohibit Racial Profiling

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Announcement of an incentive grant program to 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.

-----------------------------------------------------------------------

SUMMARY: The National Highway Traffic Safety Administration (NHTSA) 
announces a new incentive grant program concerning racial profiling 
under section 1906 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy For Users (SAFETEA-LU). This Notice 
informs the 50 states, the District of Columbia, Puerto Rico, the 
Virgin Islands, Guam, American Samoa, and the Commonwealth of the 
Northern Mariana Islands, through their Governors' Representatives for 
Highway Safety, of the application procedures for grants available in 
fiscal years 2006 through 2009.

DATES: 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.

ADDRESSES: Applications must be submitted to the appropriate Regional 
Administrator.

FOR FURTHER INFORMATION CONTACT: For program issues, Keith Williams, 
Office of Traffic Injury Control, Enforcement & Justice Services 
Division (NTI-122), NHTSA, 400 Seventh Street, SW., Room 5130, 
Washington, DC, 20590, by phone at (202) 366-0543 or by e-mail at 
[email protected]. For legal issues, Dana Sade, Office of 
Chief

[[Page 5728]]

Counsel, NCC-113, NHTSA, 400 Seventh Street, SW., Room 5219, 
Washington, DC 20590, by phone at (202) 366-1834 or by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Section 1906 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy For Users (SAFETEA-LU) establishes 
an incentive grant program to prohibit racial profiling (``the Section 
1906 Program''). The purpose of the grant program is to encourage 
States to enact and enforce laws that prohibit the use of racial 
profiling in traffic law enforcement and to maintain and allow public 
inspection of statistical information regarding the race and ethnicity 
of the driver and any passengers for each motor vehicle stop in the 
State. Section 1906 authorizes $7.5 million in funding each year from 
FY 2006 through FY 2009.\1\ The Section 1906 Grant Program is set forth 
in an uncodified footnote to 23 U.S.C. 402.
---------------------------------------------------------------------------

    \1\ Congress actually authorized the section 1906 grant program 
for 5 years from FY 2005 through FY 2009. However, grant funds 
authorized under the section 1906 Program did not become available 
to DOT until too late into in FY 2005 to make awards during that 
fiscal year. The $7.5 million authorized for FY 2005 grants remains 
available and will be added to the amount available for grant awards 
in FY 2006, the first year in which grants will be awarded under 
this program.
---------------------------------------------------------------------------

    Today's Notice solicits applications for grants under this program. 
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. SAFETEA-LU provides that 
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, rather than by enacting a 
complying law.

Definitions

    As provided in section 1906--
    Racial Profiling means use by a State or local law enforcement 
officer of the race or ethnicity of a driver or passenger to any degree 
in making routine or spontaneous law enforcement decisions, such as 
ordinary traffic stops on Federal-aid highways.\2\ As limited by 
section 1906, this term does not include the manner in which a State or 
local law enforcement officer considers race or ethnicity when 
trustworthy, relevant, location-specific and timely information links 
persons of a particular race or ethnicity to an identified criminal 
incident, scheme or organization.
---------------------------------------------------------------------------

    \2\ Use of the term ``Federal-aid highway'' is governed by 
Chapter 1 of Title 23, which defines it as a highway eligible for 
assistance under Chapter 1 other than a highway classified as a 
local road or rural minor collector (i.e., all public roads except 
local and minor rural roads).
---------------------------------------------------------------------------

    Statistical Information on Traffic Stops and Traffic Stop Data mean 
information on the race and ethnicity of the driver and any passengers 
for each motor vehicle stop made by a State or local law enforcement 
officer on a Federal-aid highway.

Requirements To Receive a Grant

    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''). A State may not receive a grant for more than 
two fiscal years if it is qualifying for the grant as an Assurances 
State.

Eligibility

    The 50 states, the District of Columbia, Puerto Rico, the Virgin 
Islands, Guam, American Samoa, and the Commonwealth of the Northern 
Mariana Islands are eligible to apply for grants under the section 1906 
grant program.

Application Procedures

    To apply for grant funds in a fiscal year, a Law State must submit 
the certification required by Appendix 1 and an Assurances State must 
submit the certification required by Appendix 2, signed by the 
Governor's Representative for Highway Safety, to the appropriate NHTSA 
Regional Administrator no later than July 1 of the fiscal year.

Award Notification

    NHTSA will review the information referenced in each State's 
Certification for compliance with section 1906 and notify qualifying 
States in writing of grant awards.

Eligible Uses of Grant Funds

    As prescribed by SAFETEA-LU--
    Law States may use section 1906 grant funds for:
    [cir] Collecting and maintaining data on traffic stops;
    [cir] Evaluating the results of such data; and
    [cir] 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:
    [cir] Funding activities to prohibit racial profiling in the 
enforcement of State laws regulating the use of Federal-aid highways;
    [cir] Collecting, maintaining and providing public access to 
traffic stop data;
    [cir] Evaluating the results of such data; and
    [cir] Developing and implementing programs to reduce the occurrence 
of racial profiling, including programs to train law enforcement 
officers.

Financial Accounting and Administration

    Within 30 days after notification of award, but in no event later 
than September 12, a State must submit electronically to the agency a 
program cost summary (HS Form 217) obligating the funds to the Section 
1906 Program. Submission of the program cost summary is necessary to 
ensure proper accounting for federal funds and is a precondition to 
receiving grant funds. The Federal share of programs funded under this 
section shall not exceed 80 percent.

Reporting Requirements

    Each fiscal year until all section 1906 grant funds are expended, 
States should carefully document how they intend to use the funds in 
the Highway Safety Plan they submit pursuant to 23 U.S.C. 402 (or in an 
amendment to that plan) and detail the program activities accomplished 
in the Annual Report they submit pursuant to 23 CFR 1200.33.

Appendix 1: Racial Profiling Incentive Grant

Law State Certification

State (or Commonwealth):-----------------------------------------------
Fiscal Year:-----------------------------------------------------------
I hereby certify that:

    (1) the State's law prohibiting racial profiling, available at


[[Page 5729]]


-----------------------------------------------------------------------
(include legal citations to all relevant provisions)

is (check one):
[ballot]in effect and being enforced,
[ballot]will be in effect on ------ (date) and will be enforced on 
------ (date);
    (2) that the State maintains and allows public inspection of 
statistical information on the race and ethnicity of the driver and 
any passengers for each motor vehicle stop made by a law enforcement 
officer on a Federal-aid highway, pursuant to the following official 
document(s) (e.g., State law, Executive Order, or policy) available 
at

-----------------------------------------------------------------------
(include legal or other citations to all relevant provisions)

     and
    (3) that, if awarded Section 1906 grant funds, the State:
     Will use the funds in accordance with the requirements 
of Section 1906 of SAFETEA-LU, Pub. L. 109-59; and
     Will administer the funds in accordance with 49 CFR 
Part 18.

-----------------------------------------------------------------------
Governor's Highway Safety Representative

Date
-----------------------------------------------------------------------

Appendix 2: Racial Profiling Incentive Grant

Assurances State Certification

State (or Commonwealth):-----------------------------------------------
Fiscal Year:-----------------------------------------------------------
I certify that:

    (1) the State is undertaking activities to prohibit the use of 
racial profiling in the enforcement of State laws regulating the use 
of all Federal-aid highways, as described in the following official 
document(s) (e.g., State law, Executive Order, policy) available at
-----------------------------------------------------------------------
(include legal and other citations to all relevant provisions)

    (2) the State is undertaking activities to maintain and allow 
public inspection of statistical information on the race and 
ethnicity of the driver and any passengers for each motor vehicle 
stop made by a State or local law enforcement officer on a Federal-
aid highway, as described in the following official document(s) 
(e.g., State law, Executive Order, policy) available at
-----------------------------------------------------------------------
(include legal and other citations to all relevant provisions)

     and
    (3) that, if awarded Section 1906 grant funds, the State:
     will use the funds in accordance with the requirements 
of Section 1906 of SAFETEA-LU, Pub. L. 109-59; and
     will administer the funds in accordance with 49 CFR 
Part 18.
-----------------------------------------------------------------------
Governor's Highway Safety Representative

-----------------------------------------------------------------------
Date

    Issued on: January 30, 2006.
Jacqueline Glassman,
Deputy Administrator.
[FR Doc. E6-1427 Filed 2-1-06; 8:45 am]
BILLING CODE 4910-59-P