Sec. 1906. Grant program to prohibit racial profiling.
SEC. 1906. <<NOTE: 23 USC 402 note.>> GRANT PROGRAM TO PROHIBIT RACIAL PROFILING.
(a) Grants.--Subject to the requirements of this section, the Secretary shall make grants to a State that--
(A) has enacted and is enforcing a law that prohibits the use of racial profiling in the enforcement of State laws regulating the use of Federal-aid highways; and
(2) provides assurances satisfactory to the Secretary that the State is undertaking activities to comply with the requirements of paragraph (1).
(B) is maintaining and allows public inspection of statistical information for each motor vehicle stop made by a law enforcement officer on a Federal-aid highway in the State regarding the race and ethnicity of the driver and any passengers; or
(b) Eligible Activities.--A grant received by a State under subsection (a) shall be used by the State--
(1) in the case of a State eligible under subsection (a)(1), for costs of--
(A) collecting and maintaining of data on traffic stops;
(2) in the case of a State eligible under subsection (a)(2), for costs of--
(B) evaluating the results of the data; and
(C) developing and implementing programs to reduce the occurrence of racial profiling, including programs to train law enforcement officers; and
(A) activities to comply with the requirements of subsection (a)(1); and
(B) any eligible activity under paragraph (1).
(c) Racial Profiling.--
(1) In general.--To meet the requirement of subsection (a)(1), a State law shall prohibit, in the enforcement of State laws regulating the use of Federal-aid highways, a State or local law enforcement officer from using the race or ethnicity of the driver or passengers to any degree in making routine or spontaneous law enforcement decisions, such as ordinary traffic stops on Federal-aid highways.
(2) Limitation.--Nothing in this subsection shall alter the manner in which a State or local law enforcement officer considers race or ethnicity whenever there is trustworthy information, relevant to the locality or time frame, that links persons of a particular race or ethnicity to an identified criminal incident, scheme, or organization.
(1) Maximum amount of grants.--The total amount of grants made to a State under this section in a fiscal year may not exceed 5 percent of the amount made available to carry out this section in the fiscal year.
(2) Eligibility.--A State may not receive a grant under subsection (a)(2) in more than 2 fiscal years.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $7,500,000 for each of fiscal years 2005 through 2009.
(2) Contract authority.--Funds authorized by this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except the Federal share of the cost of activities carried out using such funds shall be 80 percent, and such funds shall remain available until expended and shall not be transferable.