|
[THE FOLLOWING TEXT FILE OF H.R. 2950 (ENROLLED BILL), PUB. L. 102-240,
105 STAT. 1914, WAS PURCHASED FROM THE GOVERNMENT PRINTING OFFICE. CHECK
FOR ACCURACY BEFORE QUOTING ANY TEXT.]
[Title II - Intermodal Surface Transportation
Efficiency Act of 1991 (ISTEA) - PL 102-240]
TITLE II-HIGHWAY SAFETY
PART A-HIGHWAY SAFETY GRANT PROGRAMS
SEC. 2001. SHORT TITLE.
This part may be cited as the ``Highway Safety Act of 1991''.
SEC. 2002. HIGHWAY SAFETY PROGRAMS.
(a) Uniform Guidelines.-Section 402(a) of title 23, United States Code,
is amended by inserting after the third sentence the following: ``In addition,
such uniform guidelines shall include programs (1) to reduce injuries and
deaths resulting from motor vehicles being driven in excess of posted speed
limits, (2) to encourage the proper use of occupant protection devices
(including the use of safety belts and child restraint systems) by occupants
of motor vehicles and to increase public awareness of the benefit of motor
vehicles equipped with airbags, (3) to reduce deaths and injuries resulting
from persons driving motor vehicles while impaired by alcohol or a controlled
substance, (4) to reduce deaths and injuries resulting from accidents involving
motor vehicles and motorcycles, (5) to reduce injuries and deaths resulting
from accidents involving school buses, and (6) to improve law enforcement
services in motor vehicle accident prevention, traffic supervision, and
postaccident procedures. If the Secretary does not designate as priority
programs those programs described in the preceding sentence, the Secretary
shall submit to Congress a report describing the reasons for not prioritizing
such programs. The Secretary shall establish a highway safety program for
the collection and reporting of data on trafficrelated deaths and injuries
by the States. Under such program, the States shall collect and report
such data as the Secretary may require. The purposes of the program are
to ensure national uniform data on such deaths and injuries and to allow
the Secretary to make determinations for use in developing programs to
reduce such deaths and injuries and making recommendations to Congress
concerning legislation necessary to implement such programs. The program
shall include information obtained by the Secretary under section 4007
of the Intermodal Surface Transportation Efficiency Act of 1991 and provide
for annual reports to the Secretary on the efforts being made by the States
in reducing deaths and injuries occurring at highway construction sites
and the effectiveness and results of such efforts. The Secretary shall
establish minimum reporting criteria for the program. Such criteria shall
include, but not be limited to, criteria on deaths and injuries resulting
from police pursuits, school bus accidents, and speeding, on trafficrelated
deaths and injuries at highway construction sites and on the configuration
of commercial motor vehicles involved in motor vehicle accidents.''.
(b) Administrative Requirements and Use of Technology for Traffic Enforcement.-Section
402(b) of such title is amended by adding at the end the following new
paragraphs:
``(3) Administrative requirements.-The Secretary may not approve a State
highway safety program under this section which does not-
``(A) provide that the Governor of the State shall be responsible for
the administration of the program through a State highway safety agency
which shall have adequate powers and be suitably equipped and organized
to carry out, to the satisfaction of the Secretary, such program;
``(B) authorize political subdivisions of the State to carry out local
highway safety programs within their jurisdictions as a part of the State
highway safety program if such local highway safety programs are approved
by the Governor and are in accordance with the minimum standards established
by the Secretary under this section;
``(C) except as provided in paragraph (5), provide that at least 40
percent of all Federal funds apportioned under this section to the State
for any fiscal year will be expended by the political subdivisions of the
State, including Indian tribal governments, in carrying out local highway
safety programs authorized in accordance with subparagraph (B); and
``(D) provide adequate and reasonable access for the safe and convenient
movement of individuals with disabilities, including those in wheelchairs,
across curbs constructed or replaced on or after July 1, 1976, at all pedestrian
crosswalks throughout the State.
``(4) Waiver.-The Secretary may waive the requirement of paragraph (3)(C),
in whole or in part, for a fiscal year for any State whenever the Secretary
determines that there is an insufficient number of local highway safety
programs to justify the expenditure in the State of such percentage of
Federal funds during the fiscal year.
``(5) Use of technology for traffic enforcement.-The Secretary may encourage
States to use technologically advanced traffic enforcement devices (including
the use of automatic speed detection devices such as photoradar) by law
enforcement officers.''.
(c) Conforming Amendment.-Section 402(d) of such title is amended by
striking ``Federalaid primary'' and inserting ``National Highway System''.
SEC. 2003. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.
(a) General Authority; Drugs, and Driver Behavior.-Section 403 of title
23, United States Code, is amended by striking subsections (a) and (b)
and inserting the following new subsections:
``(a) Authority of the Secretary.-
``(1) In general.-The Secretary is authorized to use funds appropriated
to carry out this section to engage in research on all phases of highway
safety and traffic conditions.
``(2) Additional authority.-In addition, the Secretary may use the funds
appropriated to carry out this section, either independently or in cooperation
with other Federal departments or agencies, for-
``(A) training or education of highway safety personnel,
``(B) research fellowships in highway safety,
``(C) development of improved accident investigation procedures,
``(D) emergency service plans,
``(E) demonstration projects, and
``(F) related research and development activities which the Secretary
deems will promote the purposes of this section.
``(3) Safety defined.-As used in this section, the term `safety' includes
highway safety and highway safetyrelated research and development, including
research and development relating to highway and driver characteristics,
crash investigations, communications, emergency medical care, and transportation
of the injured.
``(b) Drugs and Driver Behavior.-In addition to the research authorized
by subsection (a), the Secretary, in consultation with other Government
and private agencies as may be necessary, is authorized to carry out safety
research on the following:
``(1) The relationship between the consumption and use of drugs and
their effect upon highway safety and drivers of motor vehicles.
``(2) Driver behavior research, including the characteristics of driver
performance, the relationships of mental and physical abilities or disabilities
to the driving task, and the relationship of frequency of driver crash
involvement to highway safety.''.
(b) Collaborative Research and Development.-Section 403 of such title
is amended by striking subsection (f) and inserting the following new subsection:
``(f) Collaborative Research and Development.-
``(1) In general.-For the purpose of encouraging innovative solutions
to highway safety problems, stimulating voluntary improvements in highway
safety, and stimulating the marketing of new highway safetyrelated technology
by private industry, the Secretary is authorized to undertake, on a costshared
basis, collaborative research and development with nonFederal entities,
including State and local governments, colleges, and universities and corporations,
partnerships, sole proprietorships, and trade associations that are incorporated
or established under the laws of any State or the United States. This collaborative
research may include crash data collection and analysis; driver and pedestrian
behavior; and demonstrations of technology.
``(2) Cooperative agreements.-In carrying out this subsection, the Secretary
may enter into cooperative research and development agreements, as defined
in section 12 of the StevensonWydler Technology Innovation Act of 1980
(15 U.S.C. 3710a); except that in entering into such agreements, the Secretary
may agree to provide not more than 50 percent of the cost of any research
or development project selected by the Secretary under this subsection.
``(3) Project selection.-In selecting projects to be conducted under
this subsection, the Secretary shall establish a procedure to consider
the views of experts and the public concerning the project areas.
``(4) Applicability of stevensonwydler technology innovation act.-The
research, development, or utilization of any technology pursuant to an
agreement under the provisions of this subsection, including the terms
under which technology may be licensed and the resulting royalties may
be distributed, shall be subject to the provisions of the StevensonWydler
Technology Innovation Act of 1980.''.
(c) Conforming Amendment.-Section 403(c) of such title is amended by
striking ``subsection (b)'' and inserting ``subsections (a) and (b)''.
SEC. 2004. ALCOHOLIMPAIRED DRIVING COUNTERMEASURES.
(a) In General.-Section 410 of title 23, United States Code, is amended
to read as follows:
``Sec. 410. Alcoholimpaired driving countermeasures
``(a) General Authority.-Subject to the provisions of this section,
the Secretary shall make grants to those States which adopt and implement
effective programs to reduce traffic safety problems resulting from persons
driving while under the influence of alcohol or a controlled substance.
Such grants may only be used by recipient States to implement and enforce
such programs.
``(b) Maintenance of Effort.-No grant may be made to a State under this
section in any fiscal year unless such State enters into such agreements
with the Secretary as the Secretary may require to ensure that such State
will maintain its aggregate expenditures from all other sources for alcohol
traffic safety programs at or above the average level of such expenditures
in its 2 fiscal years preceding the date of the enactment of the Intermodal
Surface Transportation Efficiency Act of 1991.
``(c) Basic Grant Eligibility.-A State is eligible for a basic grant
under this section in a fiscal year only if such State provides for 4 or
more of the following:
``(1) Establishes an expedited driver's license suspension or revocation
system for persons who operate motor vehicles while under the influence
of alcohol which requires that-
``(A) when a law enforcement officer has probable cause under State
law to believe a person has committed an alcoholrelated traffic offense
and such person is determined, on the basis of a chemical test, to have
been under the influence of alcohol while operating the motor vehicle or
refuses to submit to such a test as proposed by the officer, the officer
shall serve such person with a written notice of suspension or revocation
of the driver's license of such person and take possession of such driver's
license;
``(B) the notice of suspension or revocation referred to in subparagraph
(A) shall provide information on the administrative procedures under which
the State may suspend or revoke in accordance with the objectives of this
section a driver's license of a person for operating a motor vehicle while
under the influence of alcohol and shall specify any rights of the operator
under such procedures;
``(C) the State shall provide, in the administrative procedures referred
to in subparagraph (B), for due process of law, including the right to
an administrative review of a driver's license suspension or revocation
within the time period specified in subparagraph (F);
``(D) after serving notice and taking possession of a driver's license
in accordance with subparagraph (A), the law enforcement officer immediately
shall report to the State entity responsible for administering drivers'
licenses all information relevant to the action taken in accordance with
this clause;
``(E) in the case of a person who, in any 5year period beginning after
the date of enactment of this section, is determined on the basis of a
chemical test to have been operating a motor vehicle under the influence
of alcohol or is determined to have refused to submit to such a test as
proposed by the law enforcement officer, the State entity responsible for
administering drivers' licenses, upon receipt of the report of the law
enforcement officer-
``(i) shall suspend the driver's license of such person for a period
of not less than 90 days if such person is a first offender in such 5year
period; and
``(ii) shall suspend the driver's license of such person for a period
of not less than 1 year, or revoke such license, if such person is a repeat
offender~~~ in such _5year period; and
``(F) the suspension and revocation referred to under subparagraph (D)
shall take effect not later than 30 days after the day on which the person
first received notice of the suspension or revocation in accordance with
subparagraph (B).
``(2)(A) For each of the first three fiscal years in which a grant is
received, any person with a blood alcohol concentration of 0.10 percent
or greater when driving a motor vehicle shall be deemed to be driving while
intoxicated; and
``(B) For each of the last two fiscal years in which a grant is received,
any person with a blood alcohol concentration of 0.08 percent or greater
when driving a motor vehicle shall be deemed to be driving while intoxicated.
``(3) A statewide program for stopping motor vehicles on a nondiscriminatory,
lawful basis for the purpose of determining whether or not the operators
of such motor vehicles are driving while under the influence of alcohol.
``(4) A selfsustaining drunk driving prevention program under which
a significant portion of the fines or surcharges collected from individuals
apprehended and fined for operating a motor vehicle while under the influence
of alcohol are returned, or an equivalent amount of nonFederal funds are
provided, to those communities which have comprehensive programs for the
prevention of such operations of motor vehicles.
``(5) An effective system for preventing operators of motor vehicles
under age 21 from obtaining alcoholic beverages. Such system may include
the issuance of drivers' licenses to individuals under age 21 that are
easily distinguishable in appearance from drivers' licenses issued to individuals
age 21 years of age or older.
``(d) Amount of Basic Grants.-The amount of a basic grant to be made
in a fiscal year under this section to a State eligible to receive such
grant shall be 65 percent of the amount of funds apportioned to such State
in such fiscal year under this section.
``(e) Supplemental Grants.-
``(1) Blood alcohol concentration for persons under age 21.-A State
shall be eligible to receive a supplemental grant in a fiscal year of 5
percent of the amount apportioned to the State in the fiscal year under
this section if the State is eligible for a basic grant in the fiscal year
and provides that any person under age 21 with a blood alcohol concentration
of 0.02 percent or greater when driving a motor vehicle shall be deemed
to be driving while intoxicated.
``(2) Open container laws.-A State shall be eligible to receive a supplemental
grant in a fiscal year of 5 percent of the amount apportioned to the State
in the fiscal year under this section if the State is eligible for a basic
grant in the fiscal year and makes unlawful the possession of any open
alcoholic beverage container, or the consumption of any alcoholic beverage,
in the passenger area of any motor vehicle located on a public highway
or the rightofway of a public highway, except-
``(A) as allowed in the passenger area, by persons (other than the driver),
of any motor vehicle designed to transport more than 10 passengers (including
the driver) while being used to provide charter transportation of passengers;
or
``(B) as otherwise specifically allowed by such State, with the approval
of the Secretary, but in no event may the driver of such motor vehicle
be allowed to possess or consume an alcoholic beverage in the passenger
area.
``(3) Suspension of registration and return of license plates.-A State
shall be eligible to receive a supplemental grant in a fiscal year of 5
percent of the amount apportioned to the State in the fiscal year under
this section if the State is eligible for a basic grant in the fiscal year
and provides for the suspension of the registration of, and the return
to such State of the license plates for an individual who-
``(A) has been convicted on more than 1 occasion of an alcoholrelated
traffic offense within any 5year period beginning after the date of the
enactment of the Intermodal Surface Transportation Efficiency Act of 1991;
or
``(B) has been convicted of driving while his or her driver's license
is suspended or revoked by reason of a conviction for such an offense.
A State may provide limited exceptions to such suspension of registration
or return of license plates on an individual basis to avoid undue hardship
to any individual (including any family member of the convicted individual
and any coowner of the motor vehicle) who is completely dependent on the
motor vehicle for the necessities of life. Such exceptions may not result
in unrestricted reinstatement of the registration of the motor vehicle,
unrestricted return of the license plates of the motor vehicle, or unrestricted
return of the motor vehicle.
``(4) Mandatory blood alcohol concentration testing programs.-A State
shall be eligible to receive a supplemental grant in a fiscal year of 5
percent of the amount apportioned to the State in the fiscal year under
this section if the State is eligible for a basic grant in the fiscal year
and provides for mandatory blood alcohol concentration testing whenever
a law enforcement officer has probable cause under State law to believe
that a driver of a motor vehicle involved in an accident resulting in the
loss of human life or, as determined by the Secretary, serious bodily injury,
has committed an alcoholrelated traffic offense.
``(5) Drugged driving prevention.-A State shall be eligible to receive
a supplemental grant in a fiscal year of 5 percent of the amount apportioned
to the State in the fiscal year under this section if the State is eligible
for a basic grant in the fiscal year and-
``(A) provides for laws concerning drugged driving under which-
``(i) a person shall not drive or be in actual physical control of a
motor vehicle while under the influence of alcohol, a controlled substance,
a combination of controlled substances, or any combination of alcohol and
controlled substances;
``(ii) any person who operates a motor vehicle upon the highways of
the State shall be deemed to have given consent to a test or tests of his
or her blood, breath, or urine for the purpose of determining the blood
alcohol concentration or the presence of controlled substances in his or
her body; and
``(iii) the driver's license of a person shall be suspended promptly,
for a period of not less than 90 days in the case of a first offender and
not less than 1 year in the case of any repeat offender, when a law enforcement
officer has probable cause under State law to believe such person has committed
a traffic offense relating to controlled substances use, and such person
(I) is determined, on the basis of 1 or more chemical tests, to have been
under the influence of controlled substances while operating a motor vehicle,
or (II) refuses to submit to such a test as proposed by the officer;
``(B) has in effect a law which provides that-
``(i) any person convicted of a first violation of driving under the
influence of controlled substances or alcohol, or both, shall receive-
``(I) a mandatory license suspension for a period of not less than 90
days; and
``(II) either an assignment of 100 hours of community service or a minimum
sentence of imprisonment for 48 consecutive hours;
``(ii) any person convicted of a second violation of driving under the
influence of controlled substances or alcohol, or both, within 5 years
after a conviction for the same offense shall receive a mandatory minimum
sentence of imprisonment for 10 days and license revocation for not less
than 1 year;
``(iii) any person convicted of a third or subsequent violation of driving
under the influence of controlled substances or alcohol, or both, within
5 years after a prior conviction for the same offense shall-
``(I) receive a mandatory minimum sentence of imprisonment for 120 days;
and
``(II) have his or her license revoked for not less than 3 years; and
``(iv) any person convicted of driving with a suspended or revoked license
or in violation of a restriction imposed as a result of a conviction for
driving under the influence of controlled substances or alcohol, or both,
shall receive a mandatory sentence of imprisonment for at least 30 days,
and shall upon release from imprisonment receive an additional period of
license suspension or revocation of not less than the period of suspension
or revocation remaining in effect at the time of commission of the offense
of driving with a suspended or revoked license;
``(C) provides for an effective system, as determined by the Secretary,
for-
``(i) the detection of driving under the influence of controlled substances;
``(ii) the administration of a chemical test or tests to any driver
who a law enforcement officer has probable cause under State law to believe
has committed a traffic offense relating to controlled substances use;
and
``(iii) in instances where such probable cause exists, the prosecution
of (I) those persons who are determined, on the basis of 1 or more chemical
tests, to have been operating a motor vehicle while under the influence
of controlled substances and (II) those persons who refuse to submit to
such a test as proposed by a law enforcement officer; and
``(D) has in effect 2 of the following programs:
``(i) An effective educational program, as determined by the Secretary,
for the prevention of driving under the influence of controlled substances.
``(ii) An effective program, as determined by the Secretary, for training
law enforcement officers to detect driving under the influence of controlled
substances.
``(iii) An effective program, as determined by the Secretary, for the
rehabilitation and treatment of those convicted of driving under the influence
of controlled substances.
``(6) Blood alcohol concentration level percentage.-A State shall be
eligible to receive a supplemental grant in a fiscal year of 5 percent
of the amount apportioned to the State in the fiscal year under this section
if the State is eligible for a basic grant in the fiscal year and requires
that any person with a blood alcohol concentration of .08 percent or greater
when driving a motor vehicle shall be deemed to be driving while intoxicated
in each of the first three fiscal years in which a basic grant is received.
``(7) Video equipment for detection of drunk and drugged drivers.-A
State shall be eligible to receive a supplemental grant in a fiscal year
of 5 percent of the amount apportioned to the State in the fiscal year
under this section if the State is eligible for a basic grant in the fiscal
year and provides a program to acquire video equipment to be used in detecting
persons who operate motor vehicles while under the influence of alcohol
or a controlled substance and in effectively prosecuting those persons,
and to train personnel in the use of that equipment.
``(f) Administrative Expenses.-Funds authorized to be appropriated to
carry out this section shall be subject to a deduction not to exceed 5
percent for the necessary costs of administering the provisions of this
section, and the remainder shall be apportioned among the several States.
``(g) Apportionment of Funds.-
``(1) Formula.-After the deduction under subsection (f), the remainder
of the funds authorized to be appropriated to carry out this section shall
be apportioned 75 percent in the ratio which the population of each State
bears to the total population of all the States, as shown by the latest
available Federal census, and 25 percent in the ratio which the public
road mileage in each State bears to the total public road mileage in all
States.
``(2) Determination of public road mileage.-For the purposes of this
subsection, the term `public road' means any road under the jurisdiction
of and maintained by a public authority and open to public travel. Public
road mileage as used in this subsection shall be determined as of the end
of the calendar year preceding the year in which the funds are apportioned
and shall be certified to by the Governor of the State and subject to approval
by the Secretary.
``(3) Minimum percentage.-The annual apportionment under this paragraph
to each State shall not be less than onehalf of 1 percent of the total
apportionment; except that the apportionments to the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands shall
not be less than onequarter of 1 percent of the total apportionment.
``(4) Reapportionment of noneligible state funds.-If a State is not
eligible for a basic grant or for a supplemental grant under this section
in a fiscal year, the amount of funds apportioned to the State in the fiscal
year to make such grant shall be reapportioned to the other States eligible
to receive such a grant in the fiscal year in accordance with the formula
specified in this subsection. The reapportionment shall be made on the
first day of the succeeding fiscal year.
``(h) Applicability of Chapter 1.-
``(1) In general.-Except as otherwise provided in this subsection, all
provisions of chapter 1 of this title that are applicable to National Highway
System funds, other than provisions relating to the apportionment formula
and provisions limiting the expenditure of such funds to the Federalaid
systems, shall apply to the funds authorized to be appropriated to carry
out this section.
``(2) Inconsistent provisions.-If the Secretary determines that a provision
of chapter 1 of this title is inconsistent with this section, such provision
shall not apply to funds authorized to be appropriated to carry out this
section.
``(3) Credit for state and local expenditures.-The aggregate of all
expenditures made during any fiscal year by a State and its political subdivisions
(exclusive of Federal funds) for carrying out the State highway safety
program (other than planning and administration) shall be available for
the purpose of crediting such State during such fiscal year for the nonFederal
share of the cost of any project under this section (other than one for
planning or administration) without regard to whether such expenditures
were actually made in connection with such project.
``(4) Increased federal share for certain indian tribe programs.-In
the case of a local highway safety program carried out by an Indian tribe,
if the Secretary is satisfied that an Indian tribe does not have sufficient
funds available to meet the nonFederal share of the cost of such program,
the Secretary may increase the Federal share of the cost thereof payable
under this title to the extent necessary.
``(5) Treatment of term `state highway department'.-In applying provisions
of chapter 1 in carrying out this section, the term `State highway department'
as used in such provisions shall mean the Governor of a State and, in the
case of an Indian tribe program, the Secretary of the Interior.
``(i) Definitions.-For the purposes of this section, the following definitions
apply:
``(1) Alcoholic beverage.-The term `alcoholic beverage' has the meaning
such term has under section 158(c) of this title.
``(2) Controlled substances.-The term `controlled substances' has the
meaning such term has under section 102(6) of the Controlled Substances
Act (21 U.S.C. 802(6)).
``(3) Motor vehicle.-The term `motor vehicle' has the meaning such term
has under section 154(b) of this title.
``(4) Open alcoholic beverage container.-The term `open alcoholic beverage
container' means any bottle, can, or other receptacle-
``(A) which contains any amount of an alcoholic beverage; and
``(B)(i) which is open or has a broken seal, or
``(ii) the contents of which are partially removed.
``(j) Funding for Fiscal Years 1993m1997.-From sums made available to
carry out section 402 of this title, the Secretary shall make available
$25,000,000 for each of fiscal years 1993 through 1997 to carry out this
section.''.
(b) States Eligible for Grants Under Section 410 Before Date of Enactment.-A
State which, before the date of the enactment of this Act, was eligible
to receive a grant under section 410 of title 23, United States Code, as
in effect on the day before such date of enactment, may elect to receive
in a fiscal year grants under such section 410, as so in effect, in lieu
of receiving in such fiscal year grants under such section 410, as amended
by this Act.
(c) Conforming Amendment.-The analysis for chapter 4 of such title is
amended by striking the item relating to section 410 and inserting the
following:
``410. Alcoholimpaired driving countermeasures.''.
SEC. 2005. AUTHORIZATION OF APPROPRIATIONS.
For purposes of carrying out the provisions of title 23, United States
Code, the following sums are authorized to be appropriated out of the Highway
Trust Fund (other than the Mass Transit Account):
(1) NHTSA highway safety programs.-For carrying out section 402 of title
23, United States Code, by the National Highway Traffic Safety Administration
$126,000,000 for fiscal year 1992 and $171,000,000 for each of fiscal years
1993, 1994, 1995, 1996, and 1997.
(2) NHTSA highway safety research and development.-For carrying out
section 403 by the National Highway Traffic Safety Administration $44,000,000
for each of the fiscal years 1992 through 1997.
(3) Alcohol traffic safety incentive grant program.-For carrying out
section 410 of such title $25,000,000 for fiscal year 1992.
SEC. 2006. DRUG RECOGNITION EXPERT TRAINING PROGRAM.
(a) Establishment.-The Secretary, acting through the National Highway
Traffic Safety Administration, shall establish a regional program for implementation
of drug recognition programs and for training law enforcement officers
(including enforcement officials under the motor carrier safety assistance
program) to recognize and identify individuals who are operating a motor
vehicle while under the influence of alcohol or one or more controlled
substances or other drugs.
(b) Advisory Committee.-The Secretary shall establish a citizens advisory
committee that shall report to Congress annually on the progress of the
implementation of subsection (a). Members of the committee shall include
1 member of each of the following: Mothers Against Drunk Driving; a narcotics
control organization; American Medical Association; American Bar Association;
and such other organizations as the Secretary deems appropriate. The committee
shall be subject to the provisions of the Advisory Committee Act and shall
terminate 2 years after the date of the enactment of this Act.
(c) Authorization of Appropriations.-There is authorized to be appropriated
out of the Highway Trust Fund (other than the Mass Transit Account) to
carry out this section $4,000,000 for each of fiscal years 1992 through
1997.
(d) Definition.-For purposes of this section, the term ``controlled
substance'' means any controlled substance, as defined under section 102(6)
of the Controlled Substances Act (21 U.S.C. 802(6)), whose use the Secretary
has determined poses a risk to transportation safety.
SEC. 2007. NATIONAL DRIVER REGISTER ACT AUTHORIZATIONS.
Section 211(b) of the National Driver Register Act of 1982 (23 U.S.C.
401 note) is amended-
(1) by striking ``and'' the second place it appears; and
(2) by inserting before the period at the end the following: ``, and
not to exceed $4,000,000 for fiscal year 1992. From sums made available
to carry out section 402 of title 23, United States Code, the Secretary
shall make available $4,000,000 for each of fiscal years 1993 and 1994
to carry out this section.''.
SEC. 2008. EFFECTIVE DATE; APPLICABILITY.
Except as otherwise provided, this title, including the amendments made
by this title, shall take effect on the date of the enactment of this Act,
shall apply to funds authorized to be appropriated or made available after
September 30, 1991, and shall not apply to funds appropriated or made available
on or before such date of enactment.
SEC. 2009. OBLIGATION CEILINGS.
(a) In General.-Sums authorized for fiscal year 1992 by sections 2005(1),
2005(3), and 2006(c) of this Act and section 211(b) of the National Driver
Register Act of 1982 shall be subject to the obligation limitation established
by section 102 of this Act for fiscal year 1992.
(b) Obligation Limitation.-If an obligation limitation is placed on
sums authorized to be appropriated to carry out section~~~ 402 _of title
23, United States Code, for fiscal year 1993 or subsequent fiscal years,~~~
any~~~ amounts~~~ made~~~ available~~~ out~~~ of~~~ such~~~ funds~~~ to
_carry out sections 2004 and 2006 of this Act and section 211(b) of the
National Driver Register Act of 1982 shall be reduced proportionally.
_ H5 PART B-NHTSA AUTHORIZATIONS AND GENERAL PROVISIONS
SEC. 2500. SHORT TITLE.
This part may be cited as the ``National Highway Traffic Safety Administration
Authorization Act of 1991''.
SEC. 2501. AUTHORIZATION OF APPROPRIATIONS.
(a) Traffic and Motor Vehicle Safety Program.-For the National Highway
Traffic Safety Administration to carry out the National Traffic and Motor
Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.), there are authorized
to be appropriated $68,722,000 for fiscal year 1992, $71,333,436 for fiscal
year 1993, $74,044,106 for fiscal year 1994, and $76,857,782 for fiscal
year 1995.
(b) Motor Vehicle Information and Cost Savings Programs.-For the National
Highway Traffic Safety Administration to carry out the Motor Vehicle Information
and Cost Savings Act (15 U.S.C. 1901 et seq.), there are authorized to
be appropriated $6,485,000 for fiscal year 1992, $6,731,430 for fiscal
year 1993, $6,987,224 for fiscal year 1994, and $7,252,739 for fiscal year
1995.
SEC. 2502. GENERAL PROVISIONS.
(a) Definitions.-As used in this part-
(1) the term ``bus'' means a motor vehicle with motive power, except
a trailer, designed for carrying more than 10 persons;
(2) the term ``multipurpose passenger vehicle'' means a motor vehicle
with motive power (except a trailer), designed to carry 10 persons or fewer,
which is constructed either on a truck chassis or with special features
for occasional offroad operation;
(3) the term ``passenger car'' means a motor vehicle with motive power
(except a multipurpose passenger vehicle, motorcycle, or trailer), designed
for carrying 10 persons or fewer;
(4) the term ``truck'' means a motor vehicle with motive power, except
a trailer, designed primarily for the transportation of property or special
purpose equipment; and
(5) the term ``Secretary'' means the Secretary of Transportation.
(b) Procedure.-
(1) In general.-Except as provided in paragraph (2), any action taken
under section 2503 shall be taken in accordance with the applicable provisions
of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C.
1381 et seq.).
(2) Specific procedure.-
(A) Initiation.-To initiate an action under section 2503, the Secretary
shall, not later than May 31, 1992, publish in the Federal Register an
advance notice of proposed rulemaking or a notice of proposed rulemaking,
except that if the Secretary is unable to publish such a notice by such
date, the Secretary shall by such date publish in the Federal Register
a notice that the Secretary will begin such action by a certain date which
may not be later than January 31, 1993 and include in such notice the reasons
for the delay. A notice of delayed action shall not be considered agency
action subject to judicial review. If the Secretary publishes an advance
notice of proposed rulemaking, the Secretary is not required to follow
such notice with a notice of proposed rulemaking if the Secretary determines
on the basis of such advanced notice and the comments received thereon
that the contemplated action should not be taken under the provisions of
the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381
et seq.), including the provisions of section 103 of such Act (15 U.S.C.
1392), and if the Secretary publishes the reasons for such determination
consistent with chapter 5 of title 5, United States Code.
(B) Completion.-
(i) Period.-Action under paragraphs (1) through (4) of section 2503
which was begun under subparagraph (A) shall be completed within 26 months
of the date of publication of an advance notice of proposed rulemaking
or 18 months of the date of publication of a notice of proposed rulemaking.
The Secretary may extend for any reason the period for completion of a
rulemaking initiated by the issuance of a notice of proposed rulemaking
for not more than 6 months if the Secretary publishes the reasons for such
extension. The extension of such period shall not be considered agency
action subject to judicial review.
(ii) Action.-A rulemaking under paragraphs (1) through (4) of section
2503 shall be considered completed when the Secretary promulgates a final
rule or when the Secretary decides not to promulgate a rule (which decision
may include deferral of the action or reinitiation of the action). The
Secretary may not decide against promulgation of a final rule because of
lack of time to complete rulemaking. Any such rulemaking actions shall
be published in the Federal Register, together with the reasons for such
decisions, consistent with chapter 5 of title 5, United States Code, and
the National Traffic and Motor Vehicle Safety Act of 1966.
(iii) Special rule.-
(I) Period.-Action under paragraph (5) of section 2503 which was begun
under subparagraph (A) shall be completed within 24 months of the date
of publication of an advance notice of proposed rulemaking or a notice
of proposed rulemaking. If the Secretary determines that there is a need
for delay and if the public comment period is closed, the Secretary may
extend the date for completion for not more than 6 months and shall publish
in the Federal Register a notice stating the reasons for the extension
and setting a date certain for completion of the action. The extension
of the completion date shall not be considered agency action subject to
judicial review.
(II) Action.-A rulemaking under paragraph (5) of section 2503 shall
be considered completed when the Secretary promulgates a final rule with
standards on improved head injury protection.
(C) Standard.-The Secretary may, as part of any action taken under section
2503, amend any motor vehicle safety standard or establish a new standard
under the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C.
1381 et seq.).
SEC. 2503. MATTERS BEFORE THE SECRETARY.
The Secretary shall address the following matters in accordance with
section 2502:
(1) Protection against unreasonable risk of rollovers of passenger cars,
multipurpose passenger vehicles, and trucks with a gross vehicle weight
rating of 8,500 pounds or less and an unloaded vehicle weight of 5,500
pounds or less.
(2) Extension of passenger car side impact protection to multipurpose
passenger vehicles and trucks with a gross vehicle weight rating of 8,500
pounds or less and an unloaded vehicle weight of 5,500 pounds or less.
(3) Safety of child booster seats used in passenger cars and other appropriate
motor vehicles.
(4) Improved design for safety belts.
(5) Improved head impact protection from interior components of passenger
cars (i.e. roof rails, pillars, and front _headers).
SEC. 2504. RECALL OF CERTAIN MOTOR VEHICLES.
(a) Notification of Defect or Failure To Comply.-Section 153 of the
National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1413)
is amended by adding at the end the following new subsections:
``(d) If the Secretary determines that a notification sent by a manufacturer
pursuant to subsection (c) of this section has not resulted in an adequate
number of vehicles or items of equipment being returned for remedy, the
Secretary may direct the manufacturer to send a second notification in
such manner as the Secretary may by regulation prescribe.
``(e)(1) Any lessor who receives a notification required by section
151 or 152 pertaining to any leased motor vehicle shall send a copy of
such notice to the lessee in such manner as the Secretary may by regulation
prescribe.
``(2) For purposes of this subsection, the term `leased motor vehicle'
means any motor vehicle which is leased to a person~~~ for _a term of at
least four months by a lessor who~~~ has leased~~~ five~~~ or _more vehicles
in the twelve months preceding the date of the _notification.''.
(b) Limitation on Sale or Lease of Certain Vehicles.-Section 154 of
the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1414)
is amended by adding at the end the following:
``(d) If notification is required under section 151 or by an order under
section 152(b) and has been furnished by the manufacturer to a dealer of
motor vehicles with respect to any new motor vehicle or new item of replacement
equipment in the dealer's possession at the time of notification which
fails to comply with an applicable Federal motor vehicle safety standard
or contains a defect which relates to motor vehicle safety, such dealer
may sell or lease such motor vehicle or item of replacement equipment only
if-
``(1) the defect or failure to comply has been remedied in accordance
with this section before delivery under such sale or lease; or
``(2) in the case of notification required by an order under section
152(b), enforcement of the order has been restrained in an action to which
section 155(a) applies or such order has been set aside in such an action.
Nothing in this subsection shall be construed to prohibit any dealer
from offering for sale or lease such vehicle or item of equipment.''.
SEC. 2505. STANDARDS OF COMPLIANCE TEST PROGRAM.
Section 103 of the National Traffic and Motor Vehicle Safety Act of
1966 (15 U.S.C. 1392) is amended by adding at the end the following:
``(j) The Secretary shall establish and periodically review and update
on a continuing basis a 5year plan for testing Federal Motor Vehicle Safety
Standards that are capable, in the Secretary's judgment, of being tested.
In developing the plan and establishing testing priorities, the Secretary
shall take into consideration such factors as the Secretary deems appropriate,
consistent with the purposes of this Act and the Secretary's other responsibilities
under this Act. The Secretary may at any time adjust such priorities to
address matters the Secretary deems of greater priority. The initial plan
may be the 5year plan for compliance testing in effect on the date of enactment
of this subsection.''.
SEC. 2506. REAR SEATBELTS.
The Secretary shall expend such portion of the funds authorized to be
appropriated under the Motor Vehicle Information and Cost Savings Act (15
U.S.C. 1901 et seq.), for fiscal year 1993, as the Secretary deems necessary
for the purpose of disseminating information to consumers regarding the
manner in which passenger cars may be retrofitted with lap and shoulder
rear seatbelts.
SEC. 2507. BRAKE PERFORMANCE STANDARDS FOR PASSENGER CARS.
Not later than December 31, 1993, the Secretary, in accordance with
the National Traffic and Motor Vehicle Safety Act of 1966, shall publish
an advance notice of proposed rulemaking to consider the need for any additional
brake performance standards for passenger cars, including antilock brake
standards. The Secretary shall complete such rulemaking (in accordance
with section 2502(b)(2)(B)(ii)) not later than 36 months from the date
of initiation of such advance notice of proposed rulemaking. In order to
facilitate and encourage innovation and early application of economical
and effective antilock brake systems for all such vehicles, the Secretary
shall, as part of the rulemaking, consider any such brake system adopted
by a manufacturer.
SEC. 2508. AUTOMATIC CRASH PROTECTION AND SAFETY BELT USE.
(a) Amendment of Standard.-
(1) Specifications.-Notwithstanding any other provision of law or rule,
the Secretary shall by September 1, 1993, promulgate, in accordance with
the National Traffic and Motor Vehicle Safety Act of 1966 (to the extent
such Act is not in conflict with the provisions of this section), an amendment
to Federal Motor Vehicle Safety Standard 208 issued under such Act to provide
that the automatic occupant crash protection system for the front outboard
designated seating positions of each-
(A) new truck, bus, and multipurpose passenger vehicle (other than walkin
vantype trucks and vehicles designed to be exclusively sold to the United
States Postal Service) with a gross vehicle weight rating of 8,500 pounds
or less and an unloaded vehicle weight of 5,500 pounds or less, and
(B) new passenger car,
manufactured on or after the dates specified in the applicable schedule
established by subsection (b), shall be an inflatable restraint complying
with the occupant protection requirements under section 4.1.2.1 of such
Standard. This section supplements and revises, but does not replace, Federal
Motor Vehicle Safety Standard 208, including the amendment to such Standard
208 of March 26, 1991 (56 F.R. 12472), extending the requirements for automatic
crash protection, together with incentives for more innovative automatic
crash protection, to trucks, buses, and multipurpose passenger vehicles.
(2) Requirement.-The amendment to such Standard 208 shall also require,
to be effective as soon as possible after the promulgation of such amendment,
that the owner manuals for passenger cars and trucks, buses, and multipurpose
passenger vehicles equipped with an inflatable restraint include a statement
in an easily understandable format-
(A) that the vehicle is equipped with an inflatable restraint referred
to as an ``airbag'' and a lap and shoulder belt in either or both the front
outboard seating positions;
(B) that the airbag is a supplemental restraint;
(C) that it does not substitute for lap and shoulder belts which must
also be correctly used by an occupant in such seating position to provide
restraint or protection not only from frontal crashes but from other types
of crashes or accidents; and
(D) that all occupants, including the driver, should always wear their
lap and shoulder belts, where available, or other safety belts, whether
or not there is an inflatable restraint.
(3) Finding.-The Congress finds that it is in the public interest for
all States to adopt and enforce mandatory seat belt use laws and for the
Federal Government to adopt and enforce mandatory seat belt use rules.
(b) Schedule.-The amendment promulgated under subsection (a) shall establish
the following schedule:
(1) New passenger cars.-The amendment shall take effect for 95 percent
of each manufacturer's annual production of passenger cars manufactured
on and after September 1, 1996, and before September 1, 1997, and for 100
percent of each manufacturer's production of passenger cars manufactured
on and after September 1, 1997. Subject to the provisions of subsection
(c), the percentage prescribed for passenger cars manufactured on and after
September 1, 1997, shall be met entirely by inflatable restraints (accompanied
by lap and shoulder belts) for both front outboard seating positions.
(2) New trucks, buses, and multipurpose passenger vehicles.-The amendment
shall take effect for 80 percent of each manufacturer's annual production
of trucks, buses, and multipurpose passenger vehicles described in subsection
(a)(1)(A) and manufactured on and after September 1, 1997, and before September
1, 1998, and for 100 percent of each manufacturer's production of such
trucks, buses, and multipurpose passenger vehicles manufactured on and
after September 1, 1998. Subject to the provisions of subsection (c), the
percentage prescribed for such trucks, buses, and multipurpose passenger
vehicles manufactured on and after September 1, 1998, shall be met entirely
by inflatable restraints (accompanied by lap and shoulder belts) for both
front outboard seating positions. The incentives or credits available under
Standard 208 (as amended by this section) prior to September 1, 1998, shall
not be available to the manufacturers to comply with the 100 percent requirement
of this paragraph on and after such date.
(c) Temporary Exemption From Requirements.-Upon application by a manufacturer,
in such manner and containing such information as the Secretary shall prescribe
in the amendment under this section to such Standard 208, the Secretary
may at any time, under such terms and conditions and to such extent as
the Secretary deems appropriate, temporarily exempt or renew the exemption
of a motor vehicle from the requirements of subsection (a) or (b), or both,
if the Secretary finds that there has been a disruption in the supply of
any inflatable restraint component, or a disruption in the use and installation
by the manufacturer of such component due to unavoidable events not under
the control of the manufacturer, that will prevent a manufacturer from
meeting its anticipated production volume of vehicles with such restraints.
Each application for such exemption must be filed by the manufacturer affected,
and must specify the models, lines, and types of vehicles actually affected,
although the Secretary may consolidate applications of a similar nature
of 1 or more manufacturers. Any exemption or renewal shall be conditioned
upon the manufacturer's commitment to recall the exempted vehicles for
installation of omitted inflatable restraints within a reasonable time
proposed by the manufacturer and approved by the Secretary after such components
become available in sufficient quantities to satisfy both anticipated production
and recall volume requirements. Notice of each application shall be published
in the Federal Register and notice of each decision to grant or deny a
temporary exemption, and the reasons for granting or denying it, shall
be published in the Federal Register. The Secretary shall require labeling
for each exempted motor vehicle which can only be removed after recall
and installation of the required inflatable restraint. If a vehicle is
delivered without an inflatable restraint, the Secretary shall require
that written notification of the exemption be delivered to the dealer and
first purchasers for purposes other than resale of such exempted motor
vehicle in such a manner, and containing such information, as the Secretary
deems appropriate.
(d) Construction.-Nothing in this section shall be construed by the
Secretary or any other person, including any court, as altering or affecting
any other provision of law administered by the Secretary and applicable
to such passenger cars or trucks, buses, or multipurpose passenger vehicles
or as establishing any precedent regarding the development and promulgation
of any Federal Motor Vehicle Safety Standard. Nothing in this section or
in the amendments made under this section to Federal Motor Vehicle Safety
Standard 208 shall be construed by any person or court as indicating an
intention by Congress to affect, change, or modify in any way the liability,
if any, of a motor vehicle manufacturer under applicable law relative to
vehicles with or without inflatable restraints.
(e) Report.-The Secretary shall biannually report, beginning October
1, 1992 and continuing to October 1, 2000, on the actual effectiveness
of an occupant restraint system defined as the percentage reduction in
fatalities or injuries of restrained occupants as compared to unrestrained
occupants for the combination of inflated restraints and lap and shoulder
belts, for inflated restraints alone, and for lap and shoulder belts alone.
The Secretary, in consultation with the Secretary of Labor and the Secretary
of Defense, shall also provide data and analysis on lap and shoulder belt
use, nationally and in each State, by Federal, State, and local law enforcement
officers, by military personnel, by Federal and State employees other than
law enforcement officers, and by the public.
(f) Airbags for Cars Acquired for Federal Use.-The Secretary, in cooperation
with the Administrator of General Services and the heads of other appropriate
Federal agencies and consistent with applicable provisions of Federal procurement
law and available appropriations, shall establish a program requiring that
all passenger cars acquired after September 30, 1994, for use by the Federal
Government be equipped, to the maximum extent practicable, with driverside
inflatable restraints and that all passenger cars acquired after September
30, 1996, for use by the Federal Government be equipped, to the maximum
extent practicable, with inflatable restraints for both the driver and
front seat outboard seating positions.
SEC. 2509. HEAD INJURY IMPACT STUDY.
The Secretary, in the case of any head injury protection matters not
subject to section 2503(5) for which the Secretary is on the date of enactment
of this Act examining the need for rulemaking and is conducting research,
shall provide a report to Congress by the end of fiscal year 1993 identifying
those matters and their status. The report shall include a statement of
any actions planned toward initiating such rulemaking no later than fiscal
year 1994 or 1995 through use of either an advance notice of proposed rulemaking
or a notice of proposed rulemaking and completing such rulemaking as soon
as possible thereafter.
|
