[Federal Register: February 2, 2006 (Volume 71, Number 22)]
[Notices]
[Page 5727-5729]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02fe06-90]
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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.
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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
keith.williams@nhtsa.dot.gov. 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
dana.sade@nhtsa.dot.gov.
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.
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\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.
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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.
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\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).
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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
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(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
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(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.
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Governor's Highway Safety Representative
Date
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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
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(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
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(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.
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Governor's Highway Safety Representative
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Date
Issued on: January 30, 2006.
Jacqueline Glassman,
Deputy Administrator.
[FR Doc. E6-1427 Filed 2-1-06; 8:45 am]
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