National Highway Traffic Safety Administration Authorization Act of 1991 - Title I: Authorization of Appropriations - Authorizes appropriations to carry out the following Acts: (1) the National Traffic and Motor Vehicle Safety Act of 1966; (2) the Motor Vehicle Information and Cost Savings Act; and (3) the National Driver Register Act of 1982. Authorizes appropriations for National Highway Traffic Safety Administration (NHTSA) highway safety programs and research and development.
Requires the Secretary of Transportation to expend sums authorized as necessary to conduct research on intelligent vehicle highway systems. Directs the Secretary to develop a strategic plan for such research. Specifies that such research should place particular emphasis on aspects of those systems that will increase safety and should identify any aspects that might degrade safety.
Title II: Requirements for Vehicles - Directs the Secretary to: (1) issue a final rule amending Federal Motor Vehicle Safety Standard 214 to establish performance criteria for improved occupant head injury protection in side impacts; and (2) issue a final rule to extend the applicability of such Standard to multipurpose passenger vehicles.
Directs the Secretary to enter into arrangements with the National Academy of Sciences to study means of establishing a method for calculating a uniform numerical rating, or series of ratings, enabling consumers to compare meaningfully the crashworthiness data for passenger cars and multipurpose passenger vehicles. Prescribes the contents of such study. Requires that a report of such study be submitted to the Secretary and the Congress within 19 months after the date of enactment of this Act.
Prescribes schedules for: (1) obtaining public comment on implementation of National Academy recommendations; (2) determining whether an objectively based system of comparative crashworthiness data can be established; (3) promulgating a rule to establish such a system, if the determination is positive; (4) submitting the proposed rule for review to specified congressional committees; (5) waiting 60 calendar days after such submission, unless both committees notify the Secretary that they have no objection to the rule; and (6) establishing (by rule) procedures requiring auto dealers to make comparative crashworthiness data available to prospective purchasers.
Amends the National Traffic and Motor Vehicle Safety Act of 1966 to direct the Secretary to establish: (1) a schedule for use in ensuring compliance with each Federal motor vehicle safety standard established under such Act which the Secretary determines is capable of being tested; (2) written guidelines and procedures for conducting investigations regarding noncompliance with the regulations issued under such Act; and (3) criteria for the determination and imposition of civil penalties for such noncompliance.
Directs the Secretary to complete a rulemaking to: (1) review the classification system for vehicles with a gross weight under 10,000 pounds to determine if such vehicles should be reclassified; and (2) consider the establishment of a standard to protect against unreasonable risk of rollover of passenger cars and multipurpose passenger vehicles. Mandates that a specified percentage of certain authorized appropriations be used to disseminate consumer information regarding retrofitting passenger cars with lap and shoulder rear seatbelts.
Amends the Motor Vehicle Information and Cost Savings Act to direct the Secretary to promulgate regulations establishing passenger motor vehicle bumper impact labeling requirements. Directs the Secretary to submit periodic reports to the Congress detailing efforts to ensure that State motor vehicle inspection programs are implemented in the most effective manner possible. Requires reports to: (1) specify Federal manpower allocations for support of State safety inspection efforts, and allocations and expenditures of Federal funds on such efforts; (2) describe the extent and effect of coordination with the Administrator of the Environmental Protection Agency regarding required safety and emissions inspections; (3) list the States that do not have periodic safety inspection programs meeting Federal requirements; and (4) include any data furnished by the States that operate such safety inspection programs concerning the relative effectiveness of their particular programs.
Directs the Secretary to amend the bumper standard published in the Code of Federal Regulations to ensure that such standard is identical to that in effect on January 1, 1982.
Requires the Secretary to conduct a rulemaking to increase the safety of child booster seats used in passenger cars.
Directs the Secretary to establish a program requiring airbags for: (1) Federal passenger vehicles, beginning with passenger cars acquired after September 30, 1991; and (2) all passenger cars and light trucks, buses, and multipurpose passenger vehicles, phased in according to a specified schedule, starting with passenger cars manufactured on and after September 1, 1995.
Amends the National Traffic and Motor Vehicle Safety Act of 1966 to authorize the Secretary to direct the manufacturer of a defective motor vehicle or motor vehicle part to send a second notification if the Secretary determines that the first notification sent by such manufacturer has not resulted in an adequate number of vehicles (or items of equipment) being returned for remedy.
Requires any lessor who receives notification of a defective motor vehicle part pertaining to any leased motor vehicle to send a copy of such notice to the lessee.
Provides that a dealer may sell or lease a motor vehicle (or motor vehicle item) for which a safety defect notice has been received only if: (1) the defect or failure to comply has been remedied before delivery under sale or lease; or (2) an enforcement order has been set aside or restrained.
Directs the Secretary to conduct a rulemaking on the use of darkened windshields and window glass in passenger automobiles.
Directs the Secretary to make grants to States which adopt and implement seatbelt and child restraint programs which include specified measures to foster the increased use of seatbelts and the correct use of child restraint systems. Sets conditions for the use of such grants by such States. Authorizes appropriations.
Directs the Secretary to initiate a rulemaking to: (1) consider methods of reducing head injuries in passenger automobiles and multipurpose passenger vehicles from contact with vehicle interior components by revising the appropriate Federal motor vehicle safety standards; and (2) consider the establishment of a standard to minimize pedestrian death and injury attributable to vehicle components.
Directs the Secretary to complete a rulemaking to amend Federal Motor Vehicle Safety Standard 108 to authorize passenger cars and multipurpose passenger vehicles to be equipped with daytime running lights.
Directs the Secretary to conduct a rulemaking to consider: (1) whether to adopt a Federal motor vehicle safety standard requiring antilock brake systems for all passenger cars and multipurpose passenger vehicles manufactured after September 1, 1996; (2) the establishment of a standard requiring that such cars and vehicles be equipped with heads-up displays capable of projecting speed, fuel, and other instrument readings on the lower part of the windshield (enabling the driver to check such readings without looking down); and (3) whether to amend any existing standard applicable to seatbelts for modification of seatbelt design to take into account the needs of children and short adults.
Requires that standards established under this Act be in accordance with applicable provisions of the National Traffic and Motor Vehicle Safety Act of 1966, including provisions requiring that Federal motor vehicle safety standards be practicable, meet the need for motor vehicle safety, and be stated in objective terms.
Title III: Impaired Driving Enforcement - Impaired Driving Prevention Act of 1991 - Directs the Secretary to make basic and supplemental grants to States which adopt and implement impaired driving enforcement programs to prevent impaired driving.
Sets forth: (1) eligibility requirements for basic and supplemental grants (such as State mandatory blood alcohol concentration testing programs and standards, programs for preventing persons under age 21 from obtaining alcoholic beverages, drugged driving prevention laws, and unlawful open container and alcohol consumption programs); (2) a waiver provision of basic grant eligibility requirements for reduced alcohol-related fatalities within a State; and (3) the Federal share payable for such grants. Specifies that no State may receive a grant under this title for any fiscal year for which that State is a recipient of a grant under specified alcohol traffic safety or drunk driving prevention programs. Authorizes appropriations. Sets deadlines for the issuance of regulations by the Secretary.
Calendar No. 122 102d CONGRESS 1st Session S. 1012 [Report No. 102-83] A BILL To authorize appropriations for the activities and programs of the National Highway Traffic Safety Administration, and for other purposes. JUNE 17 (legislative day, JUNE 11), 1991 Reported with amendments S 1012 RS Calendar No. 122 102d CONGRESS 1st Session S. 1012 [Report No. 102-83] To authorize appropriations for the activities and programs of the National Highway Traffic Safety Administration, and for other purposes. IN THE SENATE OF THE UNITED STATES May 8 (legislative day, APRIL 25), 1991 Mr. BRYAN (for himself, Mr. HOLLINGS, Mr. DANFORTH, Mr. GORTON, McCain, and Mr. KERRY) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation JUNE 17 (legislative day, JUNE 11), 1991 Reported by Mr. HOLLINGS, with amendments [Omit the part struck through and insert the part printed in italic] A BILL To authorize appropriations for the activities and programs of the National Highway Traffic Safety Administration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. This Act may be cited as the `National Highway Traffic Safety Administration Authorization Act of 1991'. DEFINITIONS SEC. 2. As used in this Act, the term-- (1) `bus' means a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons; (2) `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 off-road operation; (3) `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) `Secretary' means the Secretary of Transportation; and (5) `truck' means a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment. TITLE I--AUTHORIZATION OF APPROPRIATIONS GENERAL AUTHORIZATIONS SEC. 101. (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, and $74,044,106 for fiscal year 1994. (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, and $6,987,224 for fiscal year 1994. (c) NATIONAL DRIVER REGISTER ACT- 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 time it appears; and (2) by inserting immediately before the period at the end the following: [Struck out->] `not [<-Struck out] `, not to exceed $6,131,000 for fiscal year 1992, not to exceed $6,363,978 for fiscal year 1993, and not to exceed $6,605,809 for fiscal year 1994'. (d) NHTSA HIGHWAY SAFETY PROGRAMS- For the National Highway Traffic Safety Administration to carry out section 402 of title 23, United States Code, there are authorized to be [Struck out->] appropriated [<-Struck out] appropriated, out of the Highway Trust Fund (other than the Mass Transit Account), $126,000,000 for fiscal year 1992, $130,788,000 for fiscal year 1993, $135,757,944 for fiscal year 1994, $140,916,745 for fiscal year 1995, and $146,271,573 for fiscal year 1996. (e) NHTSA HIGHWAY SAFETY RESEARCH AND DEVELOPMENT- For the National Highway Traffic Safety Administration to carry out section 403 of title 23, United States Code, there are authorized to be appropriated, out of the Highway Trust Fund (other than the Mass Transit Account), $45,869,000 for each of the fiscal years 1992, 1993, 1994, 1995, and 1996. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS SEC. 102. The Secretary shall [Struck out->] expand [<-Struck out] expend the sums authorized under section 101(e) as the Secretary deems necessary for the purpose of conducting research on intelligent vehicle-highway systems. The Secretary shall develop a strategic plan with specific milestones, goals, and objectives for that research. The research should place particular emphasis on aspects of those systems that will increase safety, and should identify any aspects of the systems that might degrade safety. TITLE II--REQUIREMENTS FOR VEHICLES SIDE IMPACT PROTECTION SEC. 201. (a) AMENDMENT OF FMVSS STANDARD 214- The Secretary shall, not later than 12 months after the date of enactment of this Act, issue a final rule amending Federal Motor Vehicle Safety Standard 214, published as section 571.214 of title 49, Code of Federal Regulations. The rule shall establish performance criteria for improved head injury protection for occupants of passenger cars in side impact accidents. (b) EXTENSION TO MULTIPURPOSE PASSENGER VEHICLES- Not later than 18 months after the date of enactment of this Act, the Secretary shall issue a final rule to extend the applicability of such [Struck out->] standard [<-Struck out] Standard 214 to multipurpose passenger vehicles, taking into account the performance criteria established by the final rule issued in accordance with subsection (a). AUTOMOBILE CRASHWORTHINESS DATA SEC. 202. (a) STUDY AND INVESTIGATION- (1) The Secretary shall, within 30 days after the date of enactment of this Act, enter into appropriate arrangements with the National Academy of Sciences to conduct a comprehensive study and investigation regarding means of establishing a method for calculating a uniform numerical rating, or series of ratings, which will enable consumers to compare meaningfully the crashworthiness of different passenger car and multipurpose passenger vehicle makes and models. (2) Such study shall include examination of current and proposed crashworthiness tests and testing procedures and shall be directed to determining whether additional objective, accurate, and relevant information regarding the comparative crashworthiness of different passenger car and multipurpose passenger vehicle makes and models reasonably can be provided to consumers by means of a crashworthiness rating rule. Such study shall include examination of at least the following proposed elements of a crashworthiness rating [Struck out->] rule-- [<-Struck out] rule: (A) information on the degree to which different passenger car and multipurpose passenger vehicle makes and models will protect occupants across the range of motor vehicle crash types when in use on public roads; (B) a repeatable and objective test which is capable of identifying meaningful differences in the degree of crash protection provided occupants by the vehicles tested, with respect to such aspects of crashworthiness as occupant crash protection with and without use of manual seatbelts, fuel system integrity, and other relevant aspects; (C) ratings which are accurate, simple in form, readily understandable, and of benefit to consumers in making informed decisions in the purchase of automobiles; (D) [Struck out->] diseemination [<-Struck out] dissemination of comparative crashworthiness ratings to consumers either at the time of introduction of a new passenger car or multipurpose passenger vehicle make or model or very soon after such time of introduction; and (E) the development and dissemination of crashworthiness data at a cost which is reasonably balanced with the benefits of such data to consumers in making informed purchase decisions. (3) Any such arrangement shall require the National Academy of Sciences to report to the Secretary and the Congress not later than 19 months after the date of enactment of this Act on the results of such study and investigation, together with its recommendations. The Secretary shall, to the extent permitted by law, furnish to the Academy upon its request any information which the Academy considers necessary to conduct the investigation and study required by this subsection. (4) Within 60 days after transmittal of the report of the National Academy of Sciences to the Secretary and the Congress under paragraph (3), the Secretary shall initiate a period (not longer than 90 days) for public comment on implementation of the recommendations of the National Academy of Sciences with respect to a rule promulgated under title II of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1901 et seq.) establishing an objectively based system for determining and publishing accurate comparative crashworthiness ratings for different makes and models of passengers cars and multipurpose passenger vehicles. (5) Not later than 180 days after the close of the public comment period provided for in paragraph (4) of this subsection, the Secretary shall determine, on the basis of the report of the National Academy of Sciences and the public comments on such report, whether an objectively based system can be established by means of which accurate and relevant information can be derived that reasonably predicts the degree to which different makes and models of passenger cars and multipurpose passenger vehicles provide protection to occupants against the risk of personal injury or death as a result of motor vehicle accidents. The Secretary shall promptly publish the basis of such determination, and shall transmit such determination to the Congress. (b) RULE ON COMPARATIVE CRASHWORTHINESS RATING SYSTEM- (1) If the Secretary determines that the system described in subsection (a)(5) can be established, the Secretary shall, subject to the exception provided in paragraph (2), not later than 3 years after the date of enactment of this Act, promulgate a final rule under section 201 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1941) establishing an objectively based system for determining and publishing accurate comparative crashworthiness ratings for different makes and models of passenger cars and multipurpose passenger vehicles. The rule promulgated under such section 201 shall be practicable and shall provide to the public relevant objective information in a simple and readily understandable form in order to facilitate comparison among the various makes and models of passenger cars and multipurpose passenger vehicles so as to contribute meaningfully to informed purchase decisions. (2) The Secretary shall not promulgate such rule unless-- (A) a period of 60 calendar days has passed after the Secretary has transmitted to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Energy and Commerce of the House of Representatives a summary of the comments received during the period for public comment specified in subsection (a)(4); or (B) each such committee before the expiration of such 60-day period has transmitted to the Secretary written notice to the effect that such committee has no objection to the promulgation of such rule. (c) RULE ON PROVIDING CRASHWORTHINESS INFORMATION TO PURCHASERS- If the Secretary promulgates a rule under subsection (b), not later than 6 months after such promulgation, the Secretary shall by rule establish procedures requiring passenger cars and multipurpose passenger vehicle dealers to make available to prospective passenger car and multipurpose passenger vehicle purchasers information developed by the Secretary and provided to the dealer which contains data comparing the crashworthiness of passenger cars and multipurpose passenger vehicles. STANDARDS COMPLIANCE SEC. 203. 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 [Struck out->] of [<-Struck out] the following new subsection: `(j)(1) The Secretary shall establish a schedule for use in ensuring compliance with each Federal motor vehicle safety standard established under this Act which the Secretary determines is capable of being tested. Such schedule shall ensure that each such standard is the subject of testing and evaluation on a regular, rotating basis. `(2) The Secretary shall, not later than 6 months after the date of enactment of this subsection, conduct a review of the method for the collection of data regarding accidents related to Federal motor vehicle safety standards established under this Act. The Secretary shall consider the desirability of collecting data in addition to that information collected as of the date of enactment of this subsection, and shall estimate the costs involved in the collection of such additional data, as well as the benefits to safety likely to be derived from such collection. If the Secretary determines that such benefits outweigh the costs of such collection, the Secretary shall collect such additional data and utilize it in determining which motor vehicles should be the subject of testing for compliance with Federal motor vehicle safety standards established under this Act.'. INVESTIGATION AND PENALTY PROCEDURES SEC. 204. (a) INVESTIGATION PROCEDURES- Section 112(a)(1) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1401(a)(1)) is amended by adding at the end the following: `The Secretary shall establish written guidelines and procedures for conducting any inspection or investigation regarding noncompliance with this title or any rules, regulations, or orders issued under this title. Such guidelines and procedures shall indicate timetables for processing of such inspections and investigations to ensure that such processing occurs in an expeditious and thorough manner. In addition, the Secretary shall develop criteria and procedures for use in determining when the results of such an investigation should be considered by the Secretary to be the subject of a civil penalty under section 109 of this title. Nothing in this paragraph shall be construed to limit the ability of the Secretary to exceed any time limitation specified in such timetables where the Secretary determines that additional time is necessary for the processing of any such inspection or investigation.'. (b) CIVIL PENALTY PROCEDURES- Section 109(a) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1398(a)) is amended by adding at the end the following: `The Secretary shall establish procedures for determining the manner in which, and the time within which, a determination should be made regarding whether a civil penalty should be imposed under this section. Nothing in this subsection shall be construed to limit the ability of the Secretary to exceed any time limitation specified for making any such determination where the Secretary determines that additional time is necessary for making a determination regarding whether a civil penalty should be imposed under this section.'. MULTIPURPOSE PASSENGER VEHICLE SAFETY SEC. 205. (a) FINDINGS- The Congress finds that-- (1) multipurpose passenger vehicles have become increasingly popular during this decade and are being used increasingly for the transportation of passengers, not property; and (2) the safety passengers in multipurpose passenger vehicles has been compromised by the failure to apply to them the Federal motor vehicle safety standards applicable to passenger cars. (b) RULEMAKING PROCEEDING- (1) In accordance with the applicable 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(a) of such Act (15 U.S.C. 1392(a)) requiring that Federal motor vehicle safety standards be practicable, meet the need for motor vehicle safety, and be stated in objective terms, the Secretary shall, not later than 12 months after the date of enactment of this Act, complete a rulemaking proceeding to review the system of classification of vehicles with a gross vehicle weight under 10,000 pounds to determine if such vehicles should be reclassified. (2) Any reclassification pursuant to paragraph (1) shall, to the maximum extent practicable, classify as a passenger car every motor vehicle determined by the Department of the Treasury or United States Customs Service to be a motor car or other motor vehicle principally designed for the transport of persons under heading 8703 of the Harmonized Tariff Schedule of the United States. Nothing in this section shall prevent the Secretary from classifying as a passenger car any motor vehicle determined by the Department of the Treasury or United States Customs Service to be a motor vehicle for the transport of goods under heading 8704 of such Harmonized Tariff Schedule. ROLLOVER PROTECTION SEC. 206. The Secretary shall, within 12 months after the date of enactment of this Act, complete a rulemaking proceeding to consider establishment of a Federal Motor Vehicle Safety Standard to protect against unreasonable risk of rollover of passenger cars and multipurpose passenger vehicles. REAR SEATBELTS SEC. 207. 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 each of the fiscal years 1992 and 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. IMPACT RESISTANCE CAPABILITY OF BUMPERS SEC. 208. (a) DISCLOSURE OF BUMPER IMPACT CAPABILITY- The Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1901 et seq.) is amended by inserting immediately after section 102 the following new subsection: `DISCLOSURE OF BUMPER IMPACT CAPABILITY `SEC. 102A. (a) The Secretary shall promulgate, in accordance with the provisions of this section, a regulation establishing passenger motor vehicle bumper system labeling requirements. Such regulation shall apply to passenger motor vehicles manufactured for model years beginning more than 180 days after the date such regulation is promulgated, as provided in subsection (c)(2) of this section. `(b)(1) The regulation required to be promulgated in subsection (a) of this section shall provide that, before any passenger motor vehicle is offered for sale, the manufacturer shall affix a label to such vehicle, in a format prescribed in such regulation, disclosing an impact speed at which the manufacturer represents that the vehicle meets the applicable damage criteria. `(2) For purposes of this subsection, the term `applicable damage criteria' means the damage criteria applicable under section 581.5(c) of title 49, Code of Federal Regulations (as in effect on the date of enactment of this section). `(c)(1) Not later than 90 days after the date of enactment of this section, the Secretary shall publish in the Federal Register a proposed initial regulation under this section. `(2) Not later than 180 days after such date of enactment, the Secretary shall promulgate a final initial regulation under this section. `(d) The Secretary may allow a manufacturer to comply with the labeling requirements of subsection (b) of this section by permitting such manufacturer to make the bumper system impact speed disclosure required in subsection (b) of this section on the label required by section 506 of this Act or section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232). `(e) The regulation promulgated under subsection (a) of this section shall provide that the information disclosed under this section be provided to the Secretary at the beginning of the model year for the model involved. As soon as practicable after receiving such information, the Secretary shall furnish and distribute to the public such information in a simple and readily understandable form in order to facilitate comparison among the various types of passenger vehicles. The Secretary may by rule require automobile dealers to distribute to prospective purchasers any information compiled pursuant to this subsection. `(f) For purposes of this section, the term `passenger motor vehicle' means any motor vehicle to which the standard under part 581 of title 49, Code of Federal Regulations, is applicable.'. (b) AMENDMENT OF BUMPER STANDARD- (1) Not later than 1 year after the date of enactment of this Act, the Secretary shall amend the bumper standard published as part 581 of title 49, Code of Federal Regulations, to ensure that such standard is identical to the bumper standard under such part 581 which was in effect on January 1, 1982. The amended standard shall apply to all passenger cars manufactured after September 1, 1992. (2) Nothing in this subsection shall be construed to prohibit the Secretary from requiring under such part 581 that passenger car bumpers be capable of resisting impact speeds higher than those specified in the bumper standard in effect under such part 581 on January 1, 1982. CHILD BOOSTER SEATS SEC. 209. (a) IN GENERAL- In accordance with applicable provisions of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.), the Secretary shall conduct a rulemaking proceeding to amend Federal Motor Vehicle Safety Standard 213, published as section 571.213 of title 49, Code of Federal Regulations, to increase the safety of child booster seats used in passenger cars. The proceeding shall be initiated not later than 30 days after the date of enactment of this Act and completed not later than 12 months after such date of enactment. (b) DEFINITION- As used in this section, the term `child booster seat' has the meaning given the term `booster seat' in section 571.213 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act. AIRBAG REQUIREMENTS SEC. 210. (a) 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, shall establish a program requiring that all passenger cars acquired after September 30, 1991, for use by the Federal Government be equipped, to the maximum extent practicable, with driver-side airbags and that all passenger cars acquired after September 30, 1993, for use by the Federal Government be equipped, to the maximum extent practicable, with airbags for both the driver and front seat outboard seating positions. (b) AIRBAGS FOR CERTAIN OTHER VEHICLES- (1) Passenger cars, and those trucks, buses, and multipurpose passenger vehicles that have a gross vehicle weight rating of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less, shall, in accordance with the following schedule, be equipped with airbags complying with the occupant crash protection requirements under S4.1.2.1 of Federal Motor Vehicle Safety Standard 208, published as section 571.208 of title 49, Code of Federal Regulations: (A) All passenger cars manufactured on and after September 1, 1995, shall be so equipped for both the driver and right front seat outboard seating positions. (B) All such trucks, buses, and multipurpose passenger vehicles manufactured on and after September 1, 1996, and before September 1, 1997, shall, at a minimum, be so equipped for the driver side. (C) All such trucks, buses, and multipurpose passenger vehicles manufactured on and after September 1, 1997, shall be so equipped for both the driver and right front seat outboard seating positions. (2) For purposes of sections 108 through 112, 114, 115, 116, 118, 120, 121, and 151 through 158 of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1397 through 1401, 1403, 1404, 1405, 1406, 1408, 1409, and 1411 through 1418), the requirements of paragraph (1) of this subsection are deemed to be a Federal motor vehicle safety standard prescribed pursuant to section 103 of that Act (15 U.S.C. 1392). STATE MOTOR VEHICLE SAFETY INSPECTION PROGRAMS SEC. 211. Part A of title III of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1961 et seq.) is amended by adding at the end the following new section: `STATE MOTOR VEHICLE SAFETY INSPECTION PROGRAMS `SEC. 304. (a) The Congress finds that-- `(1) State motor vehicle safety inspection programs, when properly administered, can reduce the rate of highway traffic accidents by a significant percentage; `(2) the 1990 amendments to the Clean Air Act will subject approximately 60 percent of the vehicles in the United States to emissions inspection; `(3) as States plan to implement the requirement for emissions inspections, there is considerable potential for simultaneously and economically implementing effective motor vehicle safety inspection programs; [Struck out->] and [<-Struck out] `(4) the Secretary, as part of the effort to reduce highway accidents, should make every effort to ensure that the potential for effective State motor vehicle safety inspection programs is realized; and `(5) the Secretary and the Administrator of the Environmental Protection Agency shall coordinate their efforts so as to ensure maximum coordination of motor vehicle safety inspections and required emissions inspections. `(b) The Secretary shall, within six months after the date of enactment of this section and every year thereafter, submit a report to Congress detailing the efforts of the Secretary to ensure that State motor vehicle safety inspection programs are implemented in the most effective manner possible. The report shall-- `(1) specify Federal manpower allocations for support of State motor vehicle safety inspection efforts; `(2) specify allocations and expenditures of Federal funds on such efforts; `(3) describe the extent and effect of the coordination by the Secretary and the Administrator of the Environmental Protection Agency of their respective efforts regarding motor vehicle safety inspection and required emissions inspections, and of the coordination of State motor vehicle safety inspections and emissions inspections; `(4) list the States that do not have a periodic safety inspection program for motor vehicles that meets the requirements of Highway Safety Program Standard Number 1 and part 570 of title 49, Code of Federal Regulations; and `(5) include any data, furnished by the States that do operate such safety inspection programs, that concerns the relative effectiveness of their particular programs.'. RECALL OF CERTAIN MOTOR VEHICLES SEC. 212. (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 12 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.'. DARKENED WINDOWS SEC. 213. (a) RULEMAKING PROCEEDING- The Secretary shall conduct a rulemaking proceeding on the use of darkened windshields and window glass in passenger cars and multipurpose passenger vehicles, including but not limited to the issues of-- (1) the harmonization of light transmittance requirements for multipurpose passenger vehicles with light transmittance requirements for passenger cars; (2) performance requirements for light transmittance; and (3) appropriate levels of light transmittance. The proceeding shall consider the effects of such issues in the context of the safe operation of passenger cars and multipurpose passenger vehicles, as well as on the hazards to the safety of law enforcement personnel as a result of such use of darkened windshields and window glass. (b) DEADLINES- The proceeding required by subsection (a) shall be initiated not later than 6 months after the date of enactment of this Act and completed not later than 18 months after the date of enactment. GRANT PROGRAM CONCERNING USE OF SEATBELTS AND CHILD RESTRAINT SYSTEMS SEC. 214. (a) IN GENERAL- Chapter 4 of title 23, United States Code, is amended by adding at the end the following new section: `Sec. 411. Seatbelt and child restraint programs `(a) Subject to the provisions of this section, the Secretary shall make grants to those States which adopt and implement seatbelt and child restraint programs which include measures described in this section to foster the increased use of seatbelts and the correct use of child restraint systems. Such grants may only be used by recipient States to implement and enforce such measures. `(b) 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 seatbelt and child restraint programs at or above the average level of such expenditures in its 2 fiscal years preceding the date of enactment of this section. `(c) No State may receive grants under this section in more than 3 fiscal years. The Federal share payable for any grant under this section shall not exceed-- `(1) in the first fiscal year a State receives a grant under this section, 75 percent of the cost of implementing and enforcing in such fiscal year the seatbelt and child restraint program adopted by the State pursuant to subsection (a) of this section; `(2) in the second fiscal year the State receives a grant under this section, 50 percent of the cost of implementing and enforcing in such fiscal year such program; and `(3) in the third fiscal year the State receives a grant under this section, 25 percent of the cost of implementing and enforcing in such fiscal year such program. `(d) Subject to subsection (c), the amount of a grant made under this section for any fiscal year to any State which is eligible for such a grant under subsection (e) of this section shall equal 20 percent of the amount apportioned to such State for fiscal year 1991 under section 402. `(e) A State is eligible for a grant under this section if such State-- `(1) has in force and effect a law requiring all [Struck out->] front seat [<-Struck out] such occupants of a passenger car to use seatbelts; `(2) has achieved-- `(A) in the year immediately preceding a first-year grant, the lesser of either (i) 70 percent seatbelt use by all front seat occupants of passenger cars in the State or (ii) a rate of seatbelt use by all such occupants that is 20 percentage points higher than the rate achieved in 1990; `(B) in the year immediately preceding a second-year grant, the lesser of either (i) 80 percent seatbelt use by all such occupants or (ii) the rate of seatbelt use by all such occupants that is 35 percentage points higher than the rate achieved in 1990; and `(C) in the year immediately preceding a third-year grant, the lesser of either (i) 90 percent seatbelt use by all [Struck out->] front seat [<-Struck out] such occupants or (ii) the rate of seatbelt use by all such occupants that is 45 percentage points higher than the rate achieved in 1990; and `(3) has in force and effect an effective program, as determined by the Secretary, for encouraging the correct use of child restraint systems. `(f) As used in this section, the term `child restraint system' has the meaning given such term in section 571.213 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this section. `(g) There are authorized to be appropriated, from any funds in the Treasury not otherwise appropriated, to carry out this section, $10,000,000 for the fiscal year 1991, and $20,000,000 for each of the fiscal years 1992 and 1993.'. (b) CONFORMING AMENDMENT- The analysis of chapter 4 of title 23, United States Code, is amended by adding at the end thereof the following: [Struck out->] `411. Seatbelt and child restraint programs.'. [<-Struck out] `411. Seatbelt and child restraint programs.'. METHODS OF REDUCING HEAD INJURIES SEC. 215. (a) RULEMAKING PROCEEDING- The Secretary shall conduct a rulemaking proceeding to consider methods of reducing head injuries in passenger cars and multipurpose passenger vehicles from contact with vehicle interior components, including those in the head impact area as defined in section 571.3(b) of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act, and to revise the Federal motor vehicle safety standards as appropriate. (b) DEADLINES- The proceeding required under subsection (a) shall be initiated not less than 60 days after the date of enactment of this Act and completed not later than 2 years after such date of enactment. PEDESTRIAN SAFETY SEC. 216. (a) RULEMAKING PROCEEDING- The Secretary shall conduct a rulemaking proceeding to consider the establishment of a standard to minimize pedestrian death and injury, including injury to the head, thorax, and legs, attributable to vehicle components. (b) DEADLINES- The proceeding required under subsection (a) shall be initiated not later than 6 months after the date of enactment of this Act and completed not later than 2 years after such date of enactment. DAYTIME RUNNING LIGHTS SEC. 217. (a) RULEMAKING PROCEEDING- Not later than 12 months after the date of enactment of this Act, the Secretary shall complete a rulemaking proceeding to amend Federal Motor Vehicle Safety Standard 108, published as section 571.108 of title 49, Code of Federal Regulations, to authorize passenger cars and multipurpose passenger vehicles to be equipped with daytime running lights, notwithstanding any State law or regulation that affects the use of such lights. (b) REPORT- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the safety implications of the use of such lights in the United States, including the recommendations of the Secretary concerning whether to require passenger cars and multipurpose passenger vehicles to be equipped with such lights. ANTILOCK BRAKE SYSTEMS SEC. 218. (a) RULEMAKING PROCEEDING- The Secretary shall conduct a rulemaking proceeding concerning whether to adopt a Federal motor vehicle safety standard requiring antilock brake systems for all passenger cars and multipurpose passenger vehicles manufactured after September 1, 1996. (b) DEADLINES- The proceeding required by subsection (a) shall be initiated not later than 90 days after the date of enactment of this Act and completed not later than 12 months after such date of enactment. HEADS-UP DISPLAYS SEC. 219. (a) RULEMAKING PROCEEDING- The Secretary shall conduct a rulemaking proceeding to consider the establishment of a standard requiring that passenger cars and multipurpose passenger vehicles shall be equipped with heads-up displays capable of projecting speed, fuel, and other instrument readings on the lower part of the windshield, enabling the driver to check such readings without looking down. (b) DEADLINES- The proceeding required by subsection (a) shall be initiated not later than 90 days after the date of enactment of this Act and completed not later than 12 months after such date of enactment. SAFETY BELT DESIGN SEC. 220. (a) RULEMAKING PROCEEDING- The Secretary shall conduct a rulemaking proceeding to consider whether to amend any existing standard applicable to seatbelts, as published under part 571 of title 49, Code of Federal Regulations, for modification of seatbelt design in order to take into account the needs of children and short adults. (b) DEADLINES- The proceeding required by subsection (a) shall be initiated not later than 90 days after the date of enactment of this Act and completed not later than 12 months after such date of enactment. CRITERIA FOR STANDARDS SEC. 221. Any standard established under a proceeding required by section 206, 213, 215, 216, 217, 218, 219, or 220 shall be in accordance with the applicable provisions of the National Traffic and Motor Vehicle Safety Act of 1966 [Struck out->] (16 [<-Struck out] (15 U.S.C. 1381 et seq.), including the provisions of section 103(a) of that Act (15 U.S.C. 1392(a)) requiring that Federal motor vehicle safety standards be practicable, meet the need for motor vehicle safety, and be stated in objective terms. TITLE III-- [Struck out->] HIGHWAY TRAFFIC SAFETY [<-Struck out] IMPAIRED DRIVING ENFORCEMENT SHORT TITLE SEC. 301. This title may be cited as the `Impaired Driving Prevention Act of 1991'. [Struck out->] impaired driving enforcement [<-Struck out] amendment to title 23, united states code SEC. 302. (a) ESTABLISHMENT OF GRANT PROGRAM- Chapter 4 of title 23, United States Code, is amended by inserting immediately after section 404 the following new section: `Sec. 405. Impaired driving enforcement programs `(a) GENERAL AUTHORITY- Subject to the provisions of this section, the Secretary shall make basic and supplemental grants to those States which adopt and implement impaired driving enforcement programs which include measures, described in this section, to improve the effectiveness of the enforcement of laws to prevent impaired driving. Such grants may only be used by recipient States to implement and enforce such measures. `(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 impaired driving enforcement programs at or above the average level of such expenditures in its 2 fiscal years preceding the fiscal year in which this section is enacted. `(c) FEDERAL SHARE- No State may receive grants under this section in more than 5 fiscal years. The Federal share payable for any grant under this section shall not exceed-- `(1) in the first fiscal year a State receives a grant under this section, 75 percent of the cost of implementing and enforcing in such fiscal year the impaired driving enforcement program adopted by the State pursuant to subsection (a); `(2) in the second fiscal year the State receives a grant under this section, 50 percent of the cost of implementing and enforcing in such fiscal year such program; and `(3) in the third fiscal year the State receives a grant under this section, 25 percent of the cost of implementing and enforcing in such fiscal year such program. `(d) MAXIMUM AMOUNT OF BASIC GRANTS- Subject to subsection (c), the amount of a basic grant made under this section for any fiscal year to any State which is eligible for such a grant under subsection (e) shall equal 30 percent of the amount apportioned to such State for fiscal year 1989 under section 402 of this title. `(e) Eligibility for Basic Grants- `(1) GENERAL- For purposes of this section, a State is eligible for a basic grant if such State-- `(A) provides for a program (funded at the level required under paragraph (2)) to conduct highway checkpoints for the detection and deterrence of persons who operate motor vehicles while under the influence of alcohol or a controlled substance, including the training, manpower, and equipment associated with the conduct of such checkpoints; `(B) provides for a program (funded at the level required under paragraph (2)) 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; `(C) 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-- `(i) when a law enforcement officer has probable cause under State law to believe a person has committed an alcohol-related 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; `(ii) the notice of suspension or revocation referred to in clause (i) 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; `(iii) the State shall provide, in the administrative procedures referred to in clause (ii), 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 clause (vi); `(iv) after serving notice and taking possession of a driver's license in accordance with clause (i), the law enforcement officer immediately shall report to the State entity responsible for administering [Struck out->] drivers licenses' [<-Struck out] drivers' licenses all information relevant to the action taken in accordance with this clause; `(v) in the case of a person who, in any 5-year 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 [Struck out->] driver's [<-Struck out] 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 5-year 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 5-year period; and `(vi) the suspension and revocation referred to under clause (iv) 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 clause (ii); `(D) requires that any person with a blood alcohol concentration equal to or greater than the following percentage when operating a motor vehicle shall be deemed to be driving while under the influence of alcohol: `(i) 0.10 percent for each of the first 3 fiscal years in which a basic grant is received; and `(ii) 0.08 percent for each of the last 2 fiscal years in which a basic grant is received; `(E) enacts a statute which provides that-- `(i) any person convicted of a first violation of driving under the influence of alcohol 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 alcohol 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 alcohol 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 alcohol 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; and `(F) provides for a self-sustaining drunk driving prevention program under which a significant portion of the fines and surcharges collected from persons [Struck out->] convicted of operating [<-Struck out] by reason of their operation of a motor vehicle while under the influence of alcohol are returned, or an equivalent amount of non-Federal funds are provided, to those communities which have comprehensive programs for the prevention of such operations of motor vehicles. `(2) REQUIRED FUNDING LEVELS- The funding level for the program described in paragraph (1)(A), and for the program described in paragraph (1)(B), shall be an amount equal to or greater than-- `(A) the average level of expenditures by the State for such program in its 2 fiscal years preceding the date of enactment of this section, plus `(B) 2.4 percent of the amount apportioned to the State for fiscal year 1989 under section 402 of this title. `(3) WAIVER FOR REDUCED FATALITIES- If the rate of alcohol-related fatalities (as defined in the Fatal Accident Reporting System of the National Highway Traffic Safety Administration) in a State decreases by an average of 3 percent per calendar year for the 5 consecutive calendar years prior to the fiscal year for which the State would receive a basic grant under this section, the Secretary may waive for that State the basic grant eligibility requirements of one subparagraph among subparagraphs (A) through (F) of paragraph (1). `(f) Supplemental Grant Program- `(1) MANDATORY BLOOD ALCOHOL CONCENTRATION TESTING PROGRAMS- For purposes of this section, a State is eligible for a supplemental grant for a fiscal year in an amount, subject to subsection (c) of this section, not to exceed 10 percent of the amount apportioned to such State for fiscal year 1989 under section 402 of this title if such State is eligible for a basic grant and in addition such State 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 alcohol-related traffic offense. `(2) PROGRAM FOR PREVENTING DRIVERS UNDER AGE 21 FROM OBTAINING ALCOHOLIC BEVERAGES- For purposes of this section, a State is eligible for a supplemental grant for a fiscal year in an amount, subject to subsection (c), not to exceed 10 percent of the amount apportioned to such State for fiscal year 1989 under section 402 of this title if such State is eligible for a basic grant and in addition such State provides for and increases its enforcement of an effective system for preventing [Struck out->] operators of motor vehicles [<-Struck out] persons under age 21 from obtaining alcoholic beverages, which may include the issuance of drivers' licenses to persons under age 21 that are easily distinguishable in appearance from drivers' licenses issued to persons 21 years of age and older. `(3) DRUGGED DRIVING PREVENTION- For purposes of this section, a State is eligible for a supplemental grant for a fiscal year in an amount, subject to subsection (c), not to exceed 10 percent of the amount apportioned to such State for fiscal year 1989 under section 402 of this title if such State is eligible for a basic grant and in addition such State-- `(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 or 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; `(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) enacts a statute 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 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 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 who refuse to submit to such a test as proposed by a law enforcement officer; and `(D) has in effect two 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; and `(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. `(4) BLOOD ALCOHOL CONCENTRATION STANDARD- For purposes of this section, a State is eligible for a supplemental grant (only for any of the first 3 fiscal years in which a basic grant is received) in an amount, subject to subsection (c), not to exceed 10 percent of the amount apportioned to such State for fiscal year 1989 under section 402 of this title if such State is eligible for a basic grant and in addition such State requires that any person with a blood alcohol concentration of 0.08 or greater when operating a motor vehicle shall be deemed to be driving while under the influence of alcohol. `(5) UNLAWFUL OPEN CONTAINER AND CONSUMPTION OF ALCOHOL PROGRAMS- For purposes of this section, a State is eligible for a supplemental grant for a fiscal year in an amount, subject to subsection (c), not to exceed 10 percent of the amount apportioned to such State for fiscal year 1989 under section 402 of this title if such State is eligible for a basic grant and in addition such State 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 right-of-way 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. `(6) SUSPENSION OF REGISTRATION AND RETURN OF LICENSE PLATE PROGRAM- For purposes of this section, a State is eligible for a supplemental grant for a fiscal year in an amount, subject to subsection (c), not to exceed 10 percent of the amount apportioned to such State for fiscal year 1989 under section 402 of this title if such State is eligible for a basic grant and in addition such State provides for the suspension of the registration of, and the return to such State of the license plates for, any motor vehicle owned by an individual who-- `(A) has been convicted on more than 1 occasion of an alcohol-related traffic offense within any 5-year period after the date of enactment of this section; 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 co-owner 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 or unrestricted return of the license plates of the motor vehicle. `(7) SUPPLEMENTAL GRANTS AS BEING IN ADDITION TO OTHER GRANTS- A supplemental grant under this section shall be in addition to any basic grant or any other supplemental grant received by such State. `(g) EFFECT OF PARTICIPATION IN PROGRAMS UNDER SECTIONS 408 AND 410- No State may receive a grant under this section for any fiscal year for which that State is a recipient of a grant under section 408 or 410 of this title. [Struck out->] `(g) [<-Struck out] `(h) DEFINITIONS- As used in this section-- `(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. `(i) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section, out of the Highway Trust [Struck out->] Fund, [<-Struck out] Fund (other than the Mass Transit Account), $25,000,000 for the fiscal year ending September 30, [Struck out->] 1995, [<-Struck out] 1992, and $50,000,000 per fiscal year for the fiscal years ending September 30, [Struck out->] 1996, [<-Struck out] 1993, September 30, [Struck out->] 1997, [<-Struck out] 1994, September 30, [Struck out->] 1998, [<-Struck out] 1995, and September 30, [Struck out->] 1999, [<-Struck out] 1996, respectively. All provisions of chapter 1 of this title that are applicable to Federal-aid primary highway funds, other than provisions relating to the apportionment formula and provisions limiting the expenditures of such funds to Federal-aid systems, shall apply to the funds authorized to be appropriated to carry out this section, except as determined by the Secretary to be inconsistent with this section and except that sums authorized by this subsection shall remain available until expended.'. [Struck out->] (b) PHASEOUT OF OTHER PROGRAMS- (1) Section 408(g) of title 23, United States Code, is amended by inserting `or until October 1, 1994, whichever occurs first' immediately after `until expended'. [<-Struck out] [Struck out->] (2) Section 410(h) of title 23, United States Code, is amended by inserting `or until October 1, 1994, whichever occurs first' immediately after `until expended'. [<-Struck out] [Struck out->] (c) [<-Struck out] (b) DEADLINES FOR ISSUANCE OF REGULATIONS- The Secretary of Transportation shall issue and publish in the Federal Register proposed regulations to implement section 405 of title 23, United States Code (as added by subsection (a) of this section), not later than December 1, 1992. The final regulations for such implementation shall be issued, published in the Federal Register, and transmitted to Congress before March 1, 1994. [Struck out->] (d) [<-Struck out] (c) CONFORMING AMENDMENT- The analysis of chapter 4 of title 23, United States Code, is amended by inserting immediately after the item relating to section 404 the following new item: [Struck out->] `405. Impaired driving enforcement programs.'. [<-Struck out] `405. Impaired driving enforcement programs.'.
Committee on Commerce; Senate Subcommittee on Consumer. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 102-154.
Introduced in Senate
Read twice and referred to the Committee on Commerce.
Committee on Commerce. Ordered to be reported without amendment favorably.
Committee on Commerce. Reported to Senate by Senator Hollings with amendments. With written report No. 102-83.
Committee on Commerce. Reported to Senate by Senator Hollings with amendments. With written report No. 102-83.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 122.
Measure laid before Senate.
Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.
Passed Senate with amendments by Voice Vote.
Received in the House.
Held at the desk.
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