Page:United States Statutes at Large Volume 119.djvu/1486

 119 STAT. 1468

PUBLIC LAW 109–59—AUG. 10, 2005 building, improving, or maintaining the facility that was derived from Federal funds. ‘‘(C) FEDERAL FUNDS DEFINED.—In this paragraph, the term ‘Federal funds’ does not include loans of Federal funds or other financial assistance that must be repaid to the Government.’’.

23 USC 402 note.

SEC. 1906. GRANT PROGRAM TO PROHIBIT RACIAL PROFILING.

(a) GRANTS.—Subject to the requirements of this section, the Secretary shall make grants to a State that— (1)(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 (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 (2) provides assurances satisfactory to the Secretary that the State is undertaking activities to comply with the requirements of paragraph (1). (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; (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 (2) in the case of a State eligible under subsection (a)(2), for costs of— (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. (d) LIMITATIONS.— (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.—

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