Section 1906 Racial Profiling Prohibition Grants

History and Administration

The Section 1906 Racial Prohibition Grants program was authorized under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). It was administered by the National Highway Traffic Safety Administration (NHTSA) at the federal level and the State Highway Safety Offices (SHSOs) at the state level. The program was reauthorized under the Infrastructure Investment and Jobs Act (IIJA), which was enacted in November 2021.

Purpose

This program provides grants to encourage states to maintain and allow public inspection of statistical information on the race and ethnicity of the driver for all motor vehicle stops made on all public roads except local or minor rural roads. The program also supports state efforts to develop and implement programs, public outreach and training to reduce the disparate impact on traffic stops.

Requirements

Under the IIJA, a state is eligible for a grant by:

  1. Maintaining and allowing public inspection of statistical information on the race and ethnicity of the driver for each motor vehicle stop made by a law enforcement officer of a federal aid highway or,
  2. Undertaking activities during the fiscal year of the grant to do so.

Eligible states are able to use grant funds to:

  1. Collect and maintain data on traffic stops; or,
  2. Evaluate the results of the data; or,
  3. Develop and implement programs, public outreach and training to reduce the disparate impact of traffic stops.

Funding

The IIJA authorizes the Section 1906 program at $11.5 million each year for Federal Fiscal Years 2022 – 2026. The IIJA removed limitations for states to receive no more than 5% of the total annual funding, and the disqualification for a state to be awarded the grant more than two years in a row. The federal share payable is 80%. Funds remaining available each fiscal year may be reallocated by NHTSA to carry our activities authorized under Section 403.